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Small Business Lending Disclosure Act of 2023 This bill applies specified consumer lending protections to small business lending and extends the Consumer Financial Protection Bureau's regulatory authority regarding consumer financial products and services to include small business financing. Among other requirements, lenders offering financial products to small businesses must disclose the terms of the financing upon extending an offer and are prohibited from charging certain additional fees on a refinanced or modified loan.

118 S2021 IS: Small Business Financing Disclosure Act of 2023 U.S. Senate 2023-06-15 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 2021 IN THE SENATE OF THE UNITED STATES June 15, 2023 Mr. Menendez Mr. Brown Mr. Wyden Mr. Cardin Committee on Banking, Housing, and Urban Affairs A BILL To amend the Truth in Lending Act to apply that Act to small business financing, and for other purposes. 1. Short title This Act may be cited as the Small Business Financing Disclosure Act of 2023 2. Application of the Truth in Lending to small business financing (a) In general The Truth in Lending Act ( 15 U.S.C. 1601 et seq. 6 Small Business Financing 191. Definitions. 192. Application of this title to small business financing. 193. Additional disclosures. 194. Restrictions on double-dipping. 195. Additional provisions. 191. Definitions In this chapter: (1) Closed-end commercial credit The term closed-end commercial credit (A) means a secured or unsecured closed-end extension of credit, including financing with an established principal amount such as equipment financing that is not a lease, as defined in section 2A–103 of the Uniform Commercial Code, the proceeds of which the recipient does not intend to use primarily for personal, family or household purposes; and (B) includes financing with an established principal amount and duration. (2) Consumer financial product or service The term consumer financial product or service 12 U.S.C. 5481 (3) Director The term Director (4) Factoring The term factoring (5) Finance charge (A) In general The term finance charge (i) means the cost of financing as a dollar amount; and (ii) includes any charge payable directly or indirectly by the recipient of the financing and imposed directly or indirectly by the provider of the financing as an incident to or a condition of the extension of financing. (B) Calculation in open-end commercial credit plans In any open-end commercial credit plan, the finance charge shall be computed assuming the maximum amount of credit available to the recipient, in each case, is drawn and repaid at the minimum rate. (C) Calculation in factoring transactions In any factoring transaction, the finance charge includes the discount taken on the face value of the accounts receivable. (D) Calculation in lease financing transactions In any lease financing transaction, the finance charge includes the sum of the lease payments and, if there is a fixed-price purchase option or a purchase option with a price that can be calculated at the time of disclosure, the purchase price listed in the contract that the lessee may pay to acquire the leased goods at the end of the lease, minus— (i) if the finance company selects, manufactures, or supplies the goods to be leased, the price that the finance company would sell the goods in a cash transaction; or (ii) if the finance company does not select, manufacture, or supply the goods to be leased, the price the finance company will pay to acquire the property to be leased. (E) Inclusion of certain prepayment charges (i) In general If, as a condition of obtaining the offered commercial financing the provider requires the recipient to pay off the balance of an existing loan or advance from the same provider, any prepayment charge or penalty required to be paid on the existing financing shall be included as a financing charge. (ii) Treatment when repayment amount is calculated as a fixed amount For purposes of clause (i), for financing for which the total repayment amount is calculated as a fixed amount, the prepayment charge is equal to the original finance charge multiplied by the required prepayment amount as a percentage of the total repayment amount, minus any portion of the total repayment amount forgiven by the provider at the time of prepayment. (6) Open-end commercial credit plan The term open-end commercial credit plan (A) the person reasonably contemplates repeat transactions; (B) prescribes the terms of the transactions; and (C) provides for a finance charge that may be computed from time to time on the outstanding unpaid balance. (7) Provider The term provider (8) Recipient The term recipient (9) Sales-based financing The term sales-based financing (A) means a transaction for an extension of financing to a recipient that is repaid by the recipient, over time, as a percentage of sales or revenue, in which the payment amount may increase or decrease according to the volume of sales made or revenue received by the recipient; and (B) includes transactions with a true-up mechanism. (10) Small business The term small business small-business concern 15 U.S.C. 632 (11) Small business financing The term small business financing (A) means any line of credit, closed-end commercial credit, sales-based financing, or other non-equity obligation or alleged obligation of a partnership, corporation, cooperative, association, sole proprietorship, or other entity that is not more than $2,500,000; and (B) does not include any obligation or alleged obligation of an individual that is primarily for personal, family, or household purposes. (12) Specific offer The term specific offer 192. Application of this title to small business financing (a) In general This title shall apply to small business financing made to a small business to the same extent that this title applies to extensions of credit made to a consumer. (b) Rulemaking The Director shall prescribe regulations necessary to carry out this chapter. (c) Bureau authority For purposes of carrying out this chapter and other Federal laws, including the Consumer Financial Protection Act of 2010 ( 12 U.S.C. 5481 et seq. 193. Additional disclosures (a) In general Any provider offering small business financing to a small business shall disclose the following information to a recipient at the time of extending a specific offer for small business financing: (1) Financing amount The total amount to be paid to the small business, taking into account all fees and charges to be withheld at disbursement. (2) Annual percentage rate (A) Closed-end commercial credit With respect to closed-end commercial credit, the annual percentage rate, using only the words annual percentage rate APR (B) Open-end commercial credit plans With respect to open-end commercial credit plans, the annual percentage rate, using only the words annual percentage rate APR (C) Sales-based financing (i) In general With respect to sales-based financing, the estimated annual percentage rate, using the words annual percentage rate APR (ii) Calculation of certain payment amounts The estimated term of repayment and the projected periodic payment amounts shall be calculated based on the projected sales volume of the recipient. (iii) Calculation of projected sales volumes For purposes of clause (ii), the projected sales volume may be calculated— (I) according to a method defined by the Director based on the historical sales volume of the recipient over a defined period of time that is used for all sales-based financing transactions by that provider; or (II) by a method other than the method described in subclause (I) that is defined by the provider and approved by the Director, with ongoing monitoring by the Director for accuracy based on a comparison of the annual percentage rate as disclosed to the recipient and as calculated retrospectively upon repayment of the financing. (D) Factoring (i) In general With respect to factoring, the estimated annual percentage rate, using that term. (ii) Calculation To calculate the estimated annual percentage rate under clause (i)— (I) the purchase amount shall be considered the financing amount; (II) the purchase amount minus the total cost of financing shall be considered the payment amount; and (III) the term is established by the payment due date of the receivables. (iii) Alternate method to estimate term Notwithstanding clause (ii)(III), a provider may estimate the term for a factoring transaction as the average payment period, its historical data over a period not to exceed the previous 12 months, concerning payment invoices paid by the party owing the accounts receivable in question. (3) Payment amount With respect to small business financing other than factoring— (A) for payment amounts that are fixed— (i) the payment amounts and frequency (e.g., daily, weekly, monthly); and (ii) if the term is longer than one month and payment frequency is other than monthly, the average total monthly payment amount; or (B) for payment amounts that are variable— (i) a full payment schedule or a description of the method used to calculate the amounts and frequency of payments; and (ii) if the term is longer than one month, the estimated average total monthly payment amount. (4) Term For financing other than factoring, the term of the small business financing— (A) in months or in years; or (B) if the term is not fixed, the estimated term, calculated using the same assumptions used to calculate the estimated annual percentage rate. (5) Finance charge The finance charge of the small business financing, broken down to show what expenses and fees are included in the finance charge. (6) Prepayment cost or savings If a recipient elects to pay off or refinance the small business financing prior to full repayment, the provider shall disclose— (A) whether the recipient would be required to pay any finance charges other than interest accrued since the last payment by the recipient; (B) if the recipient is required to pay the finance charges described in subparagraph (A), the percentage of any unpaid portion of the finance charge and maximum dollar amount the recipient could be required to pay; and (C) whether the recipient would be required to pay any additional fee not already included in the finance charge. (7) Collateral requirements Any collateral requirement that will be imposed on the small business in connection with the small business financing. (b) Form of disclosures (1) In general Disclosures pursuant to this section shall be disclosed in writing, at the time a specific offer is made, and in a manner that is clear, conspicuous, complete, and allows the small business to compare the range of small business financing options that the small business may be considering. (2) Prominence of disclosures In making any disclosure pursuant to this section, the disclosures required under paragraphs (1), (2), and (3) of subsection (a) shall be displayed most prominently. 194. Restrictions on double-dipping If a lender of small business financing refinances or modifies an existing loan with a fixed fee as the primary financing charge, the lender may not charge a fee on the outstanding principal of the loan unless there is a tangible benefit to the small business. 195. Additional provisions (a) Rule of construction Nothing in this chapter may be construed to prevent a provider from providing or disclosing additional information on a small business financing being offered to a recipient unless the additional information may not be disclosed as part of the disclosure required by this chapter. (b) Use of terms (1) Rate If other metrics of financing cost are disclosed or used in the application process of a small business financing, the metrics shall not be presented as a rate if they are not the annual interest rate or the annual percentage rate. (2) Interest The term interest (c) Requirement To state APR If a provider states in writing a rate of finance charge or a financing amount to a recipient during an application process for small business financing, the provider shall also state the annual percentage rate or, in the case of sales-based financing or factoring, the estimated annual percentage rate, with equal or greater prominence, using the term annual percentage rate APR . (b) Technical and conforming amendment The table of chapters for title I of the Consumer Credit Protection Act is amended by adding at the end the following: 6. Small Business Financing 191. . (c) Rulemaking deadline Not later than the end of the 2-year period beginning on the date of enactment of this Act, the Director of the Bureau of Consumer Financial Protection shall prescribed final regulations to carry out the amendments made by this section. (d) Effective date The amendments made by subsection (a) shall take effect on the date that is 36 months after the date of enactment of this Act.

Small Business Financing Disclosure Act of 2023

Seeds and Breeds for the Future Act This bill requires the Department of Agriculture (USDA) to provide competitive research grants for the development of public cultivars (i.e., seeds) and animal breeds. The bill defines a public cultivar and public animal breed as the commercially available uniform end product of a publicly funded breeding program that has been sufficiently tested to demonstrate improved characteristics and stable performance. Further, if intellectual property rights are asserted, they are in the form of plant patents or plant variety protection and not utility patents. USDA must give priority to high-potential research projects that lead to the release of public cultivars and animal breeds, including those with specified adaptations, features, and benefits (e.g., that are regionally adapted, environmentally resilient, or of indigenous and place-based importance and are endangered). Any person who receives title to a plant patent or plant variety protection developed with grant funds may grant the exclusive right to use or sell that public cultivar or animal breed to another person only if that person agrees to substantially produce in the United States any cultivars or animals embodying, or produced through the use of, the public cultivar or animal breed. The bill also establishes a coordinator for public cultivars and animal breeding research within the USDA Research, Education, and Extension Office, whose duties include developing a strategic plan and promoting collaboration.

118 S2023 IS: Seeds and Breeds for the Future Act U.S. Senate 2023-06-15 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 2023 IN THE SENATE OF THE UNITED STATES June 15, 2023 Ms. Baldwin Mr. Heinrich Ms. Smith Mr. Wyden Mr. Fetterman Committee on Agriculture, Nutrition, and Forestry A BILL To amend the Competitive, Special, and Facilities Research Grant Act and the Department of Agriculture Reorganization Act of 1994 to further plant cultivar and animal breed research, development, and commercialization, and for other purposes. 1. Short title This Act may be cited as the Seeds and Breeds for the Future Act 2. Public cultivar development Section 2 of the Competitive, Special, and Facilities Research Grant Act ( 7 U.S.C. 3157 (1) in subsection (a), by adding at the end the following: (3) Definitions In this section: (A) Conventional breeding The term conventional breeding (B) Cultivar The term cultivar (C) Public animal breed The term public animal breed (i) that is the commercially available uniform end product of a publicly funded breeding program that has been sufficiently tested to demonstrate improved characteristics and stable performance; and (ii) with respect to which, if intellectual property rights are asserted, the intellectual property rights are in the form of plant patents or plant variety protection and not utility patents. (D) Public cultivar The term public cultivar (i) that is the commercially available uniform end product of a publicly funded breeding program that has been sufficiently tested to demonstrate improved characteristics and stable performance; and (ii) with respect to which, if intellectual property rights are asserted, the intellectual property rights are in the form of plant patents or plant variety protection and not utility patents. (E) Public cultivar or animal breed The term public cultivar or animal breed (i) a public animal breed; and (ii) a public cultivar. ; and (2) by adding at the end the following: (l) Public cultivar and animal breed development funding (1) Set-aside (A) In general Of the amount of grants made under the provisions of law described in subparagraph (B), the Secretary shall ensure that not less than $75,000,000 for each fiscal year is used for competitive research grants that support the development of public cultivars and animal breeds. (B) Provisions of law described The provisions of law referred to in subparagraph (A) are— (i) subsections (b) and (c); (ii) section 1672B(e) of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 5925b(e) (iii) sections 1619 through 1624 of that Act ( 7 U.S.C. 5801 et seq. (iv) any relevant competitive grant program authorized by section 406 of the Agricultural Research, Extension, and Education Reform Act of 1998 ( 7 U.S.C. 7626 (v) section 412 of that Act ( 7 U.S.C. 7632 (2) Priority In making grants under paragraph (1), the Secretary shall give priority to high-potential research projects that lead to the release of public cultivars and animal breeds, including— (A) regionally adapted public cultivars and animal breeds; (B) public cultivars and animal breeds bred for environmental resilience, including resilience to changing climates; (C) public animal breeds adapted to grazing and overwintering as appropriate for the applicable production region; (D) public cultivars and animal breeds bred to enhance the nutritional and health outcomes of local and Indigenous populations; (E) public cultivars and animal breeds of Indigenous and place-based importance that are endangered; and (F) public cultivars and animal breeds with beneficial and compatible characteristics and behaviors for dual-use renewable energy-agricultural systems. (3) Grants The Secretary shall ensure that the terms and renewal process for any competitive grants made under subsection (b) in accordance with paragraph (1) facilitate the development and commercialization of public cultivars and animal breeds through long-term grants not less than 5 years in length. (4) Requirement for domestic production No person that receives title to a plant patent or plant variety protection relating to any public cultivar or animal breed developed using funds received under this subsection, and no assignee of any such person, shall grant to any person the exclusive right to use or sell that public cultivar or animal breed unless that person agrees that any cultivars or animals embodying the public cultivar or animal breed or produced through the use of the public cultivar or animal breed will be produced substantially in the United States. (5) Report Not later than October 1 of each year, the Secretary shall submit to Congress a report that provides information on all public cultivar and animal breeding research funded by the Department of Agriculture, including— (A) a list of public cultivars and animal breeds developed and released in a commercially available form; (B) areas of high-priority research; (C) identified research gaps relating to public cultivar and animal breed development; and (D) an assessment of the state of commercialization for public cultivars and animal breeds that have been developed. . 3. Public cultivar and animal breed research coordination (a) In general Section 251 of the Department of Agriculture Reorganization Act of 1994 ( 7 U.S.C. 6971 (1) in subsection (e), by adding at the end the following: (7) Public cultivar and animal breed research activities coordinator (A) In general The Under Secretary shall appoint a coordinator within the Research, Education, and Extension Office that reports to the Under Secretary to coordinate research activities at the Department relating to the breeding of public cultivars and animal breeds (as defined in paragraph (3) of section 2(a) of the Competitive, Special, and Facilities Research Grant Act ( 7 U.S.C. 3157(a) (B) Duties of coordinator The coordinator appointed under subparagraph (A) shall— (i) coordinate plant and animal breeding research activities funded by the Department relating to the development of public cultivars and animal breeds; (ii) (I) carry out ongoing analysis and track activities for any Federal research funding supporting plant and animal breeding (including any public cultivars and animal breeds developed with Federal funds); and (II) ensure that the analysis and activities are made available to the public not later than 60 days after the last day of each fiscal year; (iii) develop a strategic plan that establishes targets for public cultivar and animal breed research investments across the Department to ensure that a diverse range of crop and animal needs are being met in a timely and transparent manner; (iv) convene a working group in order to carry out the coordination functions described in this subparagraph comprised of individuals who are responsible for the management, administration, or analysis of public cultivar and animal breeding programs within the Department from— (I) the National Institute of Food and Agriculture; (II) the Agricultural Research Service; and (III) the Economic Research Service; (v) in order to maximize delivery of public cultivars and animal breeds, promote collaboration among— (I) the coordinator; (II) the working group convened under clause (iv); (III) the advisory council established under section 1634 of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 5843 (IV) genetic resource conservation centers; (V) land-grant colleges and universities (as defined in section 1404 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 ( 7 U.S.C. 3103 (VI) Hispanic-serving institutions (as defined in section 502(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1101a(a) (VII) Native American-serving nontribal institutions (as defined in section 371(c) of the Higher Education Act of 1965 ( 20 U.S.C. 1067q(c) (VIII) nongovernmental organizations with interest or expertise in public breeding; and (IX) public and private plant and animal breeders, including small-scale organic breeders; (vi) convene regular stakeholder listening sessions to provide input on national and regional priorities for public cultivar and animal breeding research activities across the Department; and (vii) evaluate and make recommendations to the Under Secretary on training and resource needs to meet future breeding challenges. ; and (2) in subsection (f)(1)(D)(i), by striking ( 7 U.S.C. 450i(b) ( 7 U.S.C. 3157(b) (b) Conforming amendment Section 296(b)(6)(B) of the Department of Agriculture Reorganization Act of 1994 ( 7 U.S.C. 7014(b)(6)(B) Scientist; and Scientist (including the public cultivar and animal breed research activities coordinator under subsection (e)(7) of that section); and

Seeds and Breeds for the Future Act

Maternal Health for Veterans Act This bill requires the Department of Veterans Affairs (VA) to report annually through FY2028 on its activities relating to the coordination of maternity health care. The reports must also include (1) data on the maternal health outcomes of veterans who receive medical care or services from the VA or a non-VA provider that is authorized to provide care or services under VA programs, and (2) VA recommendations to improve the maternal health outcomes of veterans. The reports must be made publicly available. The bill also authorizes funding through FY2028 for VA programs relating to the coordination of maternity health care.

118 S2026 IS: Maternal Health for Veterans Act U.S. Senate 2023-06-15 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 2026 IN THE SENATE OF THE UNITED STATES June 15, 2023 Ms. Duckworth Ms. Collins Committee on Veterans' Affairs A BILL To provide support for programs of the Department of Veterans Affairs relating to the coordination of maternity health care, and for other purposes. 1. Short title This Act may be cited as the Maternal Health for Veterans Act 2. Support for maternity health care coordination programs of the Department of Veterans Affairs (a) Reports to Congress Not later than one year after the date of the enactment of this Act, and annually thereafter until September 30, 2028, the Secretary of Veterans Affairs shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives, and make publicly available, a report that contains the following: (1) A summary of the activities carried out under the programs of the Department of Veterans Affairs relating to the coordination of maternity health care. (2) Data on the maternal health outcomes of veterans who receive medical care or services furnished at a medical facility of the Department of Veterans Affairs or by a non-Department of Veterans Affairs health care provider who provides such care or services to veterans under the laws administered by the Secretary of Veterans Affairs, including pursuant to the programs specified in paragraph (1). (3) Recommendations by the Secretary of Veterans Affairs to improve the maternal health outcomes of veterans, with a particular focus on veterans from demographic groups with elevated rates of maternal mortality, severe maternal morbidity, maternal health disparities, or other adverse perinatal or childbirth outcomes. (b) Authorization of appropriations (1) Authorization There is authorized to be appropriated to the Secretary of Veterans Affairs $15,000,000 for each of fiscal years 2024, 2025, 2026, 2027, and 2028, for the programs of the Department of Veterans Affairs relating to the coordination of maternity health care, including the maternity care coordination program described in Veterans Health Administration Directive 1330.03 (or any successor directive). (2) Supplement not supplant Amounts authorized under paragraph (1) are authorized in addition to any other amounts authorized for the coordination of maternity health care for the Department of Veterans Affairs.

Maternal Health for Veterans Act

Reverse Transfer Efficiency Act of 2023 This bill allows the release of a transfer student's educational records from an institution of postsecondary education where a student earned credit for coursework to an institution of postsecondary education where the student was previously enrolled in order to apply the student's coursework and credits toward completion of a recognized postsecondary credential, such as an associate's degree.   Specifically, the bill allows the Department of Education to provide funding to an institution of postsecondary education that releases a student's records of postsecondary coursework and credits without the consent of the student or the student's parents if the student provides written consent prior to receiving the credential.

118 S2027 IS: Reverse Transfer Efficiency Act of 2023 U.S. Senate 2023-06-15 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 2027 IN THE SENATE OF THE UNITED STATES June 15, 2023 Mr. Warner Mr. Braun Ms. Hirono Mr. Hickenlooper Ms. Warren Committee on Health, Education, Labor, and Pensions A BILL To amend the General Education Provisions Act to allow the release of education records to facilitate the award of a recognized postsecondary credential. 1. Short title This Act may be cited as the Reverse Transfer Efficiency Act of 2023 2. Release of education records to facilitate the award of a recognized postsecondary credential Section 444(b)(1) of the General Education Provisions Act ( 20 U.S.C. 1232g(b)(1) (1) in subparagraph (K)(ii), by striking and (2) in subparagraph (L), by striking the period at the end and inserting ; and (3) by inserting after subparagraph (L) the following: (M) an institution of postsecondary education in which the student was previously enrolled, to which records of postsecondary coursework and credits are sent for the purpose of applying such coursework and credits toward completion of a recognized postsecondary credential (as that term is defined in section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 .

Reverse Transfer Efficiency Act of 2023

Expediting Natural Gas Exports to Allies Act of 2023 This bill revises the approval process for applications to export natural gas by expediting the process for exports to certain U.S. allies. However, the Federal Energy Regulatory Commission may not grant expedited approval for applications to export natural gas to any nation that is (1) subject to sanctions or trade restrictions imposed by the United States, or (2) designated by an act of Congress as excluded from such expedited approval for reasons of national security.

118 S2028 IS: Expediting Natural Gas Exports to Allies Act of 2023 U.S. Senate 2023-06-15 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 2028 IN THE SENATE OF THE UNITED STATES June 15, 2023 Mr. Rubio Mr. Cassidy Committee on Energy and Natural Resources A BILL To amend the Natural Gas Act to authorize expedited approval of applications to export natural gas to certain allies of the United States, and for other purposes. 1. Short title This Act may be cited as the Expediting Natural Gas Exports to Allies Act of 2023 2. Natural gas exports to allies and strategic partners (a) Finding Congress finds that expediting the approval of natural gas export applications for projects intended to increase the capacity of the United States to export natural gas to allies and strategic partners will— (1) empower United States natural gas exporters to better assist the strategic and national security interests of the United States and allies and strategic partners of the United States; and (2) lead to job growth, economic development, and energy security. (b) Natural gas exports Section 3(c) of the Natural Gas Act ( 15 U.S.C. 717b(c) (1) by striking (c) For purposes (c) Expedited application and approval process (1) Definition of covered nation (A) In general In this subsection, the term covered nation (i) means an ally described in section 3(b)(2) of the Arms Export Control Act ( 22 U.S.C. 2753(b)(2) (ii) during the period described in subparagraph (B), includes Cyprus, Moldova, Sweden, Taiwan, and Ukraine. (B) Period described The period described in this subparagraph is the period— (i) beginning on the date of enactment of the Expediting Natural Gas Exports to Allies Act of 2023 (ii) ending on December 31, 2030, or such later date as the President determines is in the interest of national defense (as defined in section 702 of the Defense Production Act of 1950 ( 50 U.S.C. 4552 (2) Expedited approval Except as provided in paragraph (3), for purposes ; (2) in paragraph (2) (as so designated), by inserting the exportation of natural gas to a covered nation, or the exportation (3) by adding at the end the following: (3) Exclusions (A) Nations subject to sanctions The Commission shall not grant expedited approval under paragraph (2) of an application for exportation of natural gas to any nation that is subject to sanctions or trade restrictions imposed by the United States. (B) Nations designated by Congress The Commission shall not grant expedited approval under paragraph (2) of an application for exportation of natural gas to any nation designated by an Act of Congress as excluded from such expedited approval for reasons of national security. . (c) Effect The amendments made by subsection (b) shall not affect any Federal authorization to export natural gas from the United States to a foreign nation or to import natural gas into the United States from a foreign nation that is in effect on the date of enactment of this Act.

Expediting Natural Gas Exports to Allies Act of 2023

Crime Gun Tracing Modernization Act of 2023 This bill requires the National Tracing Center within the Bureau of Alcohol, Tobacco, Firearms and Explosives to establish and maintain an electronic, searchable database of records related to certain firearms transactions.

118 S203 IS: Crime Gun Tracing Modernization Act of 2023 U.S. Senate 2023-02-01 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 203 IN THE SENATE OF THE UNITED STATES February 1, 2023 Mrs. Feinstein Mr. Menendez Mr. Whitehouse Mrs. Gillibrand Committee on the Judiciary A BILL To amend section 923 of title 18, United States Code, to require an electronic, searchable database of the importation, production, shipment, receipt, sale, or other disposition of firearms. 1. Short title This Act may be cited as the Crime Gun Tracing Modernization Act of 2023 2. Electronic, searchable databases Section 923(g) of title 18, United States Code, is amended by adding at the end the following: (8) (A) In this paragraph, the term foreign intelligence information 50 U.S.C. 1801 (B) Not later than 3 years after the date of enactment of this paragraph, the National Tracing Center of the Bureau of Alcohol, Tobacco, Firearms and Explosives shall establish and maintain electronic, searchable databases of all records within its possession of the importation, production, shipment, receipt, sale, or other disposition of firearms required to be submitted to the Bureau of Alcohol, Tobacco, Firearms and Explosives by persons licensed under this chapter. (C) Each licensee under this chapter may provide the National Tracing Center with electronic access, consistent with the requirements of this paragraph, to all records within the licensee’s possession that are required to be kept under this chapter. (D) A licensee may voluntarily relinquish possession of any non-electronic record required to be kept under this chapter to the Bureau of Alcohol, Tobacco, Firearms and Explosives if— (i) 10 years have elapsed from the date of the firearm transaction; or (ii) in the case of paper acquisition and disposition books, 10 years have elapsed without any open disposition entries and without any dispositions recorded in that record. (E) The National Tracing Center— (i) shall have remote access to and may query, search, or otherwise access the electronic databases described in this paragraph; and (ii) may, with the permission of a State, or political subdivision of a State, have remote access to, and may query, search, or otherwise access the databases of the firearms registration system or pawnbroker records system of the State or political subdivision. (F) The National Tracing Center may query, search, or otherwise access the electronic databases described in this paragraph for only the following purposes: (i) To obtain information related to a bona fide law enforcement investigation by any Federal, State, local, tribal, or foreign law enforcement agency. (ii) To obtain information that is— (I) foreign intelligence information; or (II) necessary to understand, or assess the importance of, foreign intelligence information. (iii) To obtain information necessary during a compliance inspection of an active licensee who has submitted non-electronic records in accordance with subparagraph (D). (G) The databases established under this paragraph— (i) shall be electronically searchable by date of acquisition or disposition, license number, and the information identified on each firearm or other firearm descriptor, including the manufacturer, importer, model, serial number, type, and caliber or gauge; (ii) shall not be electronically searchable by the personally identifiable information of any individual; and (iii) shall include in search results the entire contents of the relevant records kept by the licensee. (H) This paragraph shall take effect notwithstanding any other provision of law, including any temporary or permanent restrictions placed on funds made available to the Bureau of Alcohol, Tobacco, Firearms and Explosives, or the Department of Justice. .

Crime Gun Tracing Modernization Act of 2023

Critical Mineral Independence Act of 2023 This bill requires the Office of the Under Secretary of Defense for Acquisition and Sustainment within the Department of Defense (DOD) to submit a strategy to develop supply chains for DOD that are not dependent on mining or processing of critical minerals in or by specified countries (e.g., China) in order to achieve critical mineral supply chain independence from such countries by 2035. The strategy must be submitted in classified form but must include an unclassified summary.

118 S2031 IS: Critical Mineral Independence Act of 2023 U.S. Senate 2023-06-15 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 2031 IN THE SENATE OF THE UNITED STATES June 15, 2023 Mr. Romney Mr. Sullivan Mr. Peters Committee on Armed Services A BILL To strengthen the national security of the United States by decreasing the reliance of the Department of Defense on critical minerals from the People’s Republic of China, the Russian Federation, the Islamic Republic of Iran, the Democratic People’s Republic of North Korea, and other geostrategic competitors and adversaries of the United States, and for other purposes. 1. Short title This Act may be cited as the Critical Mineral Independence Act of 2023 2. Strategy to achieve critical mineral supply chain independence for the Department of Defense (a) In general 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 appropriate committees of Congress a strategy to develop supply chains for the Department of Defense that are not dependent on mining or processing of critical minerals in or by covered countries, in order to achieve critical mineral supply chain independence from covered countries for the Department by 2035. (b) Elements The strategy required by subsection (a) shall— (1) identify and assess significant vulnerabilities in the supply chains of contractors and subcontractors of the Department of Defense involving critical minerals that are mined or processed in or by covered countries; (2) identify and recommend changes to the acquisition laws, regulations, and policies of the Department of Defense to ensure contractors and subcontractors of the Department use supply chains involving critical minerals that are not mined or processed in or by covered countries to the greatest extent practicable; (3) evaluate the utility and desirability of using authorities provided by the Defense Production Act of 1950 ( 50 U.S.C. 4501 et seq. (4) evaluate the utility and desirability of expanding authorities provided by the Defense Production Act of 1950 to be used to expand supply chains and processing capacity for critical minerals by countries that are allies or partners of the United States; (5) evaluate the utility and desirability of leveraging the process for acquiring shortfall materials for the National Defense Stockpile under the Strategic and Critical Materials Stock Piling Act ( 50 U.S.C. 98 et seq. (6) identify areas of potential engagement and partnership with the governments of countries that are allies or partners of the United States to jointly reduce dependence on critical minerals mined or processed in or by covered countries; (7) identify and recommend other policy changes that may be needed to achieve critical mineral supply chain independence from covered countries for the Department; (8) identify and recommend measures to streamline authorities and policies with respect to critical minerals and supply chains for critical minerals; and (9) prioritize the recommendations made in the strategy to achieve critical mineral supply chain independence from covered countries for the Department, taking into consideration economic costs and varying degrees of vulnerability posed to the national security of the United States by reliance on different types of critical minerals. (c) Form of strategy The strategy required by subsection (a) shall be submitted in classified form but shall include an unclassified summary. (d) Definitions In this section: (1) Appropriate committees of Congress The term appropriate committees of Congress (A) the Committee on Armed Services of the Senate; and (B) the Committee on Armed Services of the House of Representatives. (2) Covered country The term covered country (A) a covered nation, as defined in section 4872, title 10, United States Code; and (B) any other country determined by the Secretary of Defense to be a geostrategic competitor or adversary of the United States for purposes of this Act. (3) Critical mineral The term critical mineral 30 U.S.C. 1606(a) (4) Shortfall material The term shortfall material 50 U.S.C. 98h–5

Critical Mineral Independence Act of 2023

Protecting America's Distribution Transformer Supply Chain Act of 2023 This bill prohibits the Department of Energy (DOE) from revising existing energy conservation standards for distribution transformers in electric power systems for the next five years. During that time, DOE may not propose, finalize, implement, administer, or enforce any rule under the Energy Policy and Conservation Act that establishes requirements that are different than the requirements for distribution transformers under the 2013 final rule titled Energy Conservation Program: Energy Conservation Standards for Distribution Transformers.

118 S2036 IS: Protecting America’s Distribution Transformer Supply Chain Act of 2023 U.S. Senate 2023-06-15 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 2036 IN THE SENATE OF THE UNITED STATES June 15, 2023 Mr. Barrasso Mr. Tillis Committee on Energy and Natural Resources A BILL To prohibit the Secretary of Energy from changing energy conservation standards for distribution transformers for a certain period, and for other purposes. 1. Short title This Act may be cited as the Protecting America’s Distribution Transformer Supply Chain Act of 2023 2. Energy conservation standards for distribution transformers Notwithstanding any provision of part B or part C of title III of the Energy Policy and Conservation Act ( 42 U.S.C. 6291 et seq. 42 U.S.C. 6201 et seq. Energy Conservation Program: Energy Conservation Standards for Distribution Transformers

Protecting America’s Distribution Transformer Supply Chain Act of 2023

Protecting Student Athletes from Concussions Act of 2023 This bill conditions each state's receipt of federal funds on the state's establishment of specified minimum requirements for the prevention and treatment of concussions in school sports.

118 S205 IS: Protecting Student Athletes from Concussions Act of 2023 U.S. Senate 2023-02-01 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 205 IN THE SENATE OF THE UNITED STATES February 1, 2023 Mr. Durbin Committee on Health, Education, Labor, and Pensions A BILL To promote minimum State requirements for the prevention and treatment of concussions caused by participation in school sports, and for other purposes. 1. Short title This Act may be cited as the Protecting Student Athletes from Concussions Act of 2023 2. Minimum State requirements (a) Minimum requirements Each State that receives funds under the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6301 et seq. compliance deadline (1) Local educational agency concussion safety and management plan Each local educational agency in the State, in consultation with members of the community in which such agency is located, shall develop and implement a standard plan for concussion safety and management that— (A) educates students, parents, and school personnel about concussions, through activities such as— (i) training school personnel, including coaches, teachers, athletic trainers, related services personnel, and school nurses, on concussion safety and management, including training on the prevention, recognition, and academic consequences of concussions and response to concussions; and (ii) using, maintaining, and disseminating to students and parents— (I) release forms and other appropriate forms for reporting and record keeping; (II) treatment plans; and (III) prevention and post-injury observation and monitoring fact sheets about concussion; (B) encourages supports, where feasible, for a student recovering from a concussion (regardless of whether or not the concussion occurred during school-sponsored activities, during school hours, on school property, or during an athletic activity), such as— (i) guiding the student in resuming participation in athletic activity and academic activities with the help of a multi-disciplinary concussion management team, which may include— (I) a health care professional, the parents of such student, a school nurse, relevant related services personnel, and other relevant school personnel; and (II) an individual who is assigned by a public school to oversee and manage the recovery of such student; and (ii) providing appropriate academic accommodations aimed at progressively reintroducing cognitive demands on the student; and (C) encourages the use of best practices designed to ensure, with respect to concussions, the uniformity of safety standards, treatment, and management, such as— (i) disseminating information on concussion safety and management to the public; and (ii) applying uniform best practice standards for concussion safety and management to all students enrolled in public schools. (2) Posting of information on concussions Each public elementary school and each public secondary school shall post on school grounds, in a manner that is visible to students and school personnel, and make publicly available on the school website, information on concussions that— (A) is based on peer-reviewed scientific evidence (such as information made available by the Centers for Disease Control and Prevention); (B) shall include information on— (i) the risks posed by sustaining a concussion; (ii) the actions a student should take in response to sustaining a concussion, including the notification of school personnel; and (iii) the signs and symptoms of a concussion; and (C) may include information on— (i) the definition of a concussion; (ii) the means available to the student to reduce the incidence or recurrence of a concussion; and (iii) the effects of a concussion on academic learning and performance. (3) Response to concussion If an individual designated from among school personnel for purposes of this Act, one of whom must be in attendance at every school-sponsored activity, suspects that a student has sustained a concussion (regardless of whether or not the concussion occurred during school-sponsored activities, during school hours, on school property, or during an athletic activity)— (A) the student shall be— (i) immediately removed from participation in a school-sponsored athletic activity; and (ii) prohibited from returning to participate in a school-sponsored athletic activity on the day that student is removed from such participation; and (B) the designated individual shall report to the parent or guardian of such student— (i) any information that the designated school employee is aware of regarding the date, time, and type of the injury suffered by such student (regardless of where, when, or how a concussion may have occurred); and (ii) any actions taken to treat such student. (4) Return to athletics If a student has sustained a concussion (regardless of whether or not the concussion occurred during school-sponsored activities, during school hours, on school property, or during an athletic activity), before such student resumes participation in school-sponsored athletic activities, the school shall receive a written release from a health care professional, that— (A) states that the student is capable of resuming participation in such activities; and (B) may require the student to follow a plan designed to aid the student in recovering and resuming participation in such activities in a manner that— (i) is coordinated, as appropriate, with periods of cognitive and physical rest while symptoms of a concussion persist; and (ii) reintroduces cognitive and physical demands on such student on a progressive basis only as such increases in exertion do not cause the reemergence or worsening of symptoms of a concussion. (b) Noncompliance (1) First year If a State described in subsection (a) fails to comply with subsection (a) by the compliance deadline, the Secretary of Education shall reduce by 5 percent the amount of funds the State receives under the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6301 et seq. (2) Succeeding years If the State fails to so comply by the last day of any fiscal year following the compliance deadline, the Secretary of Education shall reduce by 10 percent the amount of funds the State receives under that Act for the following fiscal year. (3) Notification of noncompliance Prior to reducing any funds that a State receives under the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6301 et seq. 3. Rule of Construction Nothing in this Act shall be construed to affect civil or criminal liability under Federal or State law. 4. Definitions In this Act: (1) Concussion The term concussion (A) is caused by a blow, jolt, or motion to the head or body that causes the brain to move rapidly in the skull; (B) disrupts normal brain functioning and alters the mental state of the individual, causing the individual to experience— (i) any period of observed or self-reported— (I) transient confusion, disorientation, or impaired consciousness; (II) dysfunction of memory around the time of injury; or (III) loss of consciousness lasting less than 30 minutes; or (ii) any 1 of 4 types of symptoms, including— (I) physical symptoms, such as headache, fatigue, or dizziness; (II) cognitive symptoms, such as memory disturbance or slowed thinking; (III) emotional symptoms, such as irritability or sadness; or (IV) difficulty sleeping; and (C) can occur— (i) with or without the loss of consciousness; and (ii) during participation in any organized sport or recreational activity. (2) Health care professional The term health care professional (A) means an individual who has been trained in diagnosis and management of concussion in a pediatric population; and (B) is registered, licensed, certified, or otherwise statutorily recognized by the State to provide such diagnosis and management. (3) Local educational agency; State The terms local educational agency State 20 U.S.C. 7801 (4) Related Services Personnel The term related services personnel 20 U.S.C. 1401 (5) School-sponsored athletic activity The term school-sponsored athletic activity (A) any physical education class or program of a school; (B) any athletic activity authorized during the school day on school grounds that is not an instructional activity; (C) any extra-curricular sports team, club, or league organized by a school on or off school grounds; and (D) any recess activity.

Protecting Student Athletes from Concussions Act of 2023

Freedom to Travel for Health Care Act of 2023 This bill prohibits anyone from interfering with a person's ability to access out-of-state reproductive health care. (Reproductive health care is defined as medical, surgical, counseling, or referral services and care related to pregnancy, including the prevention or termination of a pregnancy, and other reproductive care.) Specifically, the bill prohibits anyone from restricting, discriminating against, or otherwise disadvantaging anyone who receives, provides, or assists with out-of-state reproductive health care that is legal in the state in which it is provided. The bill allows the Department of Justice to bring a civil action and establishes a private right of action for violations. The bill specifically waives any applicable governmental immunity and preempts any contravening state laws.

118 S2053 IS: Freedom to Travel for Health Care Act of 2023 U.S. Senate 2023-06-20 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 2053 IN THE SENATE OF THE UNITED STATES June 20, 2023 Ms. Cortez Masto Mr. Whitehouse Mrs. Murray Mrs. Gillibrand Mr. Durbin Mr. Merkley Mr. Murphy Mr. Markey Ms. Stabenow Mr. Coons Mr. Sanders Mr. Padilla Mr. Wyden Mrs. Feinstein Mr. Blumenthal Mr. Cardin Ms. Cantwell Mr. Menendez Mr. Van Hollen Mr. Bennet Ms. Smith Mr. Carper Mrs. Shaheen Ms. Baldwin Mr. Warner Mr. Warnock Ms. Hirono Mr. Kaine Ms. Duckworth Mr. Brown Mr. Hickenlooper Ms. Warren Mr. Welch Ms. Klobuchar Mr. Fetterman Ms. Rosen Mr. Heinrich Committee on the Judiciary A BILL To protect freedom of travel and reproductive rights. 1. Short title This Act may be cited as the Freedom to Travel for Health Care Act of 2023 2. Findings Congress finds the following: (1) The right to travel freely and voluntarily among the several States is one of the chief privileges and immunities guaranteed to all citizens of the United States by the 14th Amendment and one of the fundamental rights guaranteed to all persons under the 14th Amendment’s Equal Protection Clause. (2) Section 5 of the 14th Amendment empowers Congress to enforce, by appropriate legislation, its provisions. (3) Article 1, section 8, clause 3 of the Constitution of the United States empowers Congress to regulate commerce among the several States. (4) The Supreme Court has repeatedly held that a citizen of one State who travels in other States, intending to return home at the end of his journey, is entitled to enjoy the Privileges and Immunities of Citizens in the several States (5) The Supreme Court long ago decided that one of the privileges which the Constitution guarantees to citizens of 1 State is the fundamental (6) Since the 2022 Supreme Court decision in Dobbs v. Jackson Women’s Health Org., 142 S. Ct. 2228 (2022), State legislatures have proposed and enacted legislation attempting to interfere with the ability to travel for reproductive health care. 3. Freedom of travel (a) Prohibited conduct It shall be unlawful for any person or government to— (1) restrict or in any way sanction, hold liable, discriminate against, or otherwise disadvantage any individual from traveling to another State to receive or provide reproductive health care that is legal in that State; (2) restrict or in any way sanction, hold liable, discriminate against, or otherwise disadvantage any individual, entity, or organization from assisting an individual in traveling to another State to receive or provide reproductive health care that is legal in that State; (3) deny any right, benefit, or privilege to an individual, entity, or organization as retaliation for another person’s travel to another State to receive or provide reproductive health care that is legal in that State; or (4) restrict or in any way sanction, hold liable, discriminate against, or otherwise disadvantage a reproductive health care provider for providing, initiating, or otherwise enabling reproductive health care services for an individual who does not reside in the State wherein the provider offers health care services if it would be legal for the health care provider to provide, initiate, or otherwise enable the same reproductive health care services to an individual who resides in the State where the provider offers health care services. (b) Preemption A State law that is inconsistent with this section shall be preempted and shall have no legal effect. No State, State official, or any other person acting under the color of law may enforce or apply any law that is inconsistent with this section. (c) Enforcement (1) Attorney general The Attorney General may commence a civil action in United States district court on behalf of the United States against any State, State official, or any other person acting under the color of law in violation of this section. The court shall hold unlawful and set aside the limitation or requirement if it is in violation of this section. (2) Private right of action Any individual or entity adversely affected by an alleged violation of this section may commence a civil action in State or Federal court against any State, State official, or any other person acting under the color of law in violation of this section. The court shall hold unlawful and set aside the limitation or requirement if it is in violation of this section. (3) Reproductive health care provider A reproductive health care provider may commence an action for relief on its own behalf, on behalf of the provider’s staff, or on behalf of the provider’s patients who are or may be adversely affected by an alleged violation of this section. (4) Remedies In any action under this section, the court may award appropriate relief, including damages, declaratory relief, and temporary, preliminary, or permanent injunctive relief. (5) 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. (6) Jurisdiction The district courts of the United States shall have jurisdiction over proceedings under this section 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. (7) Abrogation of State immunity Neither a State that enforces or maintains, nor a government official who implements or enforces, any limitation or requirement that violates this section shall be immune under the Tenth Amendment to the Constitution of the United States, the Eleventh Amendment to the Constitution of the United States, the doctrine of sovereign immunity, the doctrine of qualified immunity, or any other source of law, from an action in a Federal or State court of competent jurisdiction challenging that limitation or requirement. (8) Right to remove A defendant shall have a right to remove to Federal court any civil or criminal proceeding that would have the purpose or effect of interfering with or imposing any liability for the exercise of the travel right in this section, with venue in the district court of the United States for the district and division embracing the place wherein such proceeding is pending. An order remanding the case to State court may be immediately reviewable on appeal or otherwise. (d) Definitions In this Act: (1) Government The term government (2) Reproductive health care The term reproductive health care (3) State The term State 4. 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.

Freedom to Travel for Health Care Act of 2023

Supporting Teaching and Learning through Better Data Act This bill requires certain actions to improve data collection related to the educator workforce. First, the bill requires the National Center for Education Statistics to (1) conduct a study on data collections and data requirements related to the educator workforce; and (2) make recommendations through submission of a report for improvements to data collection, analysis, and dissemination to improve access to a diverse, well-prepared, and stable educator workforce. Second, the bill directs the Department of Education to provide technical assistance to state educational agencies and local educational agencies to support them in increasing access to well-prepared and diverse educators.

117 S2065 IS: Supporting Teaching and Learning through Better Data Act U.S. Senate 2023-06-21 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 2065 IN THE SENATE OF THE UNITED STATES June 21, 2023 Mr. Kaine Mr. Reed Committee on Health, Education, Labor, and Pensions A BILL To authorize a study on educator workforce data to advance teaching and learning and a program to support increasing access to well-prepared and diverse educators. 1. Short title This Act may be cited as the Supporting Teaching and Learning through Better Data Act 2. Definitions In this Act: (1) Commissioner The term Commissioner (2) Local educational agency The term local educational agency 20 U.S.C. 7801 (3) Secretary The term Secretary (4) State educational agency The term State educational agency 20 U.S.C. 7801 3. Study on educator workforce data to advance teaching and learning (a) Authorization of study (1) In general The Commissioner shall— (A) beginning not later than 3 months after the date of enactment of this Act, conduct a study on— (i) data collections and data requirements on the educator workforce in effect on the date of the study; and (ii) data elements about the educator workforce that are not collected, but whose collection would strengthen the understanding of teacher supply, demand, distribution, and shortages; and (B) make recommendations through submission of a report under subsection (c) for improvements to data collection, analysis, and dissemination that aid policymakers, practitioners, students, educators, families, and others in improving access to a diverse, well-prepared, and stable educator workforce, including— (i) proposals for a comprehensive system of data elements that can be integrated and analyzed to allow for regular tracking and projections of educator supply, demand, shortages, and distribution at the national, regional, and State levels; and (ii) recommendations for improvements in data quality, timeliness, and availability. (2) Completion The Commissioner shall complete the study required under paragraph (1) not later than 30 months after the date of enactment of this Act. (b) Content of study (1) Existing educator workforce data collections and data requirements The study conducted under subsection (a) shall examine educator workforce data collections and data requirements in effect on the date of the study to ascertain how such collections and requirements contribute, or may contribute, to a data system that meets the goals outlined in subsection (a)(1)(B), as well as where there are limitations or redundancies. The study shall examine— (A) the Nationwide Teacher Shortage Areas Listing of the Department of Education; (B) the plan requirements for State educational agencies and local educational agencies under sections 1111(g)(1)(B) and 1112(b)(2) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311(g)(1)(B) (C) the requirements under paragraphs (1)(C)(ix), (2), and (5) of section 1111(h) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311(h) (D) the personnel requirements for related service personnel, paraprofessionals, and special education teachers under section 612(a)(14) of the Individuals with Disabilities Education Act ( 20 U.S.C. 1412(a)(14) (E) the requirement under section 3122(b)(5) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6843(b)(5) (F) the requirement under section 2104(a)(4) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6614(a)(4) (G) educator certification, experience, retention, presentism, and other educator information in the Civil Rights Data Collection of the Department of Education; (H) educator workforce information gathered under the Education Sciences Reform Act of 2002 ( 20 U.S.C. 9501 et seq. 20 U.S.C. 9543(a)(1)(F) (I) educator supply information, including— (i) educator preparation program enrollment and clinical experience information required under section 205(b)(1)(G) of the Higher Education Act of 1965 ( 20 U.S.C. 1022d(b)(1)(G) (ii) information on completers of education preparation programs required under section 205(b)(1)(H) of the Higher Education Act of 1965 ( 20 U.S.C. 1022d(b)(1)(H) (iii) other enrollment and completion data that includes demographic and diversity enrollment and completion information of educator preparation programs; (J) educators in training and in-service educators’ access to and completion of Federal service scholarship and loan forgiveness programs, including— (i) the TEACH Grants program subpart 9 of part A of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070g et seq. (ii) teacher loan forgiveness or cancellation programs under sections 428J and 460 of the Higher Education Act of 1965 (20 U.S.C. 1078–10 and 1087j); (iii) the public service loan forgiveness program under section 455(m) of the Higher Education Act of 1965 ( 20 U.S.C. 1087e(m) (iv) educators accessing educational awards under subtitle D of title I of the National and Community Service Act of 1990 ( 42 U.S.C. 12601 et seq. (K) data pertaining to the educator workforce collected under the Coronavirus Aid, Relief, and Economic Security Act (or the CARES Act Public Law 116–136 Public Law 116–260 Public Law 117–2 (2) Identifying gaps and recommendations for closing gaps The study conducted under subsection (a) shall examine whether there are gaps in information about the educator workforce that impacts educator supply, demand, distribution, and shortages and make recommendations for closing such gaps, which contribute to meeting the goals outlined in subsection (a)(1)(B). The study shall consider information concerning— (A) the types of pathways through which educators enter the profession, including the length and quality of coursework and clinical experience before a prospective educator is the educator of record; (B) the recruitment, supply, retention, demographics, geographic regions, subject areas taught, diversity, qualifications and credentials, satisfaction and attitudes, and working conditions, of the educator workforce; (C) induction, mentoring, early career supports, and access to teacher leadership opportunities; (D) compensation information, including pre-service (stipends, apprenticeship support, other compensation), starting, mid-career, and late-career salaries and benefits of teachers; (E) the number and percentage of in-service educators who have received a Federal Pell Grant under subpart 1 of part A of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070a et seq. 20 U.S.C. 1070 et seq. (F) whether there are, and any recommendations for, standard definitions for key educator workforce terms across State educational agencies, local educational agencies, Federal law, and federally funded research. (c) Report The Commissioner shall publish and widely disseminate a report on the study conducted under subsection (a), which shall include— (1) publishing the report to the website of the Department of Education and the website of the Institute of Education Sciences; (2) sending the report to, and briefing, the Committee on Health, Education, Labor, and Pensions of the Senate, the Committee on Education and the Workforce of the House of Representatives, the Subcommittee on Labor, Health and Human Services, Education, and Related Agencies of the Committee on Appropriations of the Senate, and the Subcommittee on Labor, Health and Human Services, Education of the Committee on Appropriations of the House of Representatives; and (3) presenting and disseminating the report to education stakeholders, including students, families, educators, administrators, civil rights organizations, educator organizations, and more. 4. Program to support increasing access to well-prepared and diverse educators (a) In general The Secretary— (1) shall provide technical assistance to State educational agencies and local educational agencies to support such agencies in increasing access to well-prepared and diverse educators; and (2) may reserve not more than 20 percent of funds available to carry out this section to award grants to State educational agencies to— (A) provide technical assistance to local educational agencies to increase access to well-prepared and diverse educators; and (B) improve State educator workforce data collection and analysis. (b) Technical assistance The Secretary shall provide technical assistance to State educational agencies and local educational agencies on the following educator quality requirements and data collections: (1) Meeting and making progress on the plan requirements for State educational agencies and local educational agencies under sections 1111(g)(1)(B) and 1112(b)(2) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311(g)(1)(B) (2) Meeting and making progress on the personnel requirements for related service personnel, paraprofessionals, and special education teachers under section 612(a)(14) of the Individuals with Disabilities Education Act ( 20 U.S.C. 1412(a)(14) (3) Educator workforce information collected under the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6301 et seq. 20 U.S.C. 1400 et seq. 20 U.S.C. 9501 et seq. 20 U.S.C. 1001 et seq.

Supporting Teaching and Learning through Better Data Act

Exposing China's Belt and Road Investment in America Act of 2023 This bill requires the Committee on Foreign Investment in the United States to review certain investments made by China in the United States. Specifically, the committee must review any investment by a foreign person that (1) involves the acquisition of real estate in the United States and the establishment of a U.S. business on such real estate, and (2) could result in direct or indirect control of that U.S. business by China. A party to any such investment must submit to the committee a declaration containing basic information regarding the transaction.

118 S2069 IS: Exposing China’s Belt and Road Investment in America Act of 2023 U.S. Senate 2023-06-21 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 2069 IN THE SENATE OF THE UNITED STATES June 21, 2023 Mr. Kennedy Mr. Cramer Committee on Banking, Housing, and Urban Affairs A BILL To require the review by the Committee on Foreign Investment in the United States of greenfield investments by the People's Republic of China. 1. Short title This Act may be cited as the Exposing China’s Belt and Road Investment in America Act of 2023 2. Review by Committee on Foreign Investment in the United States of greenfield investments by People's Republic of China (a) Inclusion in definition of covered transaction Section 721(a)(4) of the Defense Production Act of 1950 ( 50 U.S.C. 4565(a)(4) (1) in subparagraph (A)— (A) in clause (i), by striking ; and (B) in clause (ii), by striking the period at the end and inserting ; and (C) by adding at the end the following: (iii) any transaction described in subparagraph (B)(vi) proposed or pending on or after the date of the enactment of this clause. ; and (2) in subparagraph (B), by adding at the end the following: (vi) An investment by a foreign person that— (I) involves— (aa) the completed or planned purchase or lease by, or a concession to, the foreign person of private or public real estate in the United States; and (bb) the establishment of a United States business to operate a factory or other facility on that real estate; and (II) could result in control, including through formal or informal arrangements to act in concert, of that United States business by— (aa) the Government of the People’s Republic of China; (bb) a person owned or controlled by, or acting on behalf of, that Government; (cc) an entity in which that Government has, directly or indirectly, including through formal or informal arrangements to act in concert, a 5 percent or greater interest; (dd) an entity in which that Government has, directly or indirectly, the right or power to appoint, or approve the appointment of, any members of the board of directors, board of supervisors, or an equivalent governing body (including external directors and other individuals who perform the duties usually associated with such titles) or officers (including the president, senior vice president, executive vice president, and other individuals who perform duties normally associated with such titles) of any other entity that held, directly or indirectly, including through formal or informal arrangements to act in concert, a 5 percent or greater interest in the entity in the preceding 3 years; or (ee) an entity in which any members or officers described in item (dd) of any other entity holding, directly or indirectly, including through formal or informal arrangements to act in concert, a 5 percent or greater interest in the entity are members of the Chinese Communist Party or have been members of the Chinese Communist Party in the preceding 3 years. . (b) Definition of Government of People's Republic of China Section 721(a) of the Defense Production Act of 1950 ( 50 U.S.C. 4565(a) (1) by redesignating paragraphs (8) through (13) as paragraphs (9) through (14), respectively; and (2) by inserting after paragraph (7) the following: (7) Government of People's Republic of China The term Government of the People's Republic of China . (c) Mandatory filing of declarations Section 721(b)(1)(C)(v)(IV)(bb) of the Defense Production Act of 1950 (50 U.S.C. 4565(b)(1)(C)(v)(IV)(bb)) is amended by adding at the end the following: (DD) Greenfield investments by People’s Republic of China The parties to a covered transaction described in subsection (a)(4)(B)(vi) shall submit a declaration described in subclause (I) with respect to the transaction. .

Exposing China’s Belt and Road Investment in America Act of 2023

Temporary Protected Status Reform and Integrity Act This bill imposes additional requirements and restrictions relating to temporary protected status (TPS). (Generally, a country may be designated for TPS for a period of time due to certain conditions in that country, such as civil unrest. Eligible nationals of that country may receive work authorization and may not be removed from the United States.) Under this bill, the Department of Homeland Security (DHS) may extend a TPS designation once, but an act of Congress shall be required for subsequent extensions. Currently, congressional action is not required for extensions. Furthermore, DHS may not designate a country for TPS if that country's designation terminated in the last 18 months under certain conditions. Specifically, this prohibition applies if the earlier designation terminated because (1) DHS did not make a determination that the conditions justifying the initial designation continue to exist, or (2) DHS recommended granting a subsequent extension but Congress did not enact a law to authorize that extension. Similarly, if a country's TPS designation terminated under these conditions, DHS may not designate that country again based on the justification that supported the original designation. The bill also establishes additional restrictions on individuals seeking or receiving TPS protections, such as prohibiting an individual who entered the United States unlawfully from receiving TPS, further limiting the authority of DHS to waive certain grounds of inadmissibility for a TPS applicant, and imposing additional restrictions on TPS recipients traveling abroad for brief trips (i.e., an individual who travels under certain conditions loses TPS).

118 S207 IS: Temporary Protected Status Reform and Integrity Act U.S. Senate 2023-02-01 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 207 IN THE SENATE OF THE UNITED STATES February 1, 2023 Mr. Lankford Committee on the Judiciary A BILL To modify the procedures for designating foreign states under section 244 of the Immigration and Nationality Act and granting temporary protected status to nationals of such foreign states. 1. Short title; table of contents (a) Short title This Act may be cited as the Temporary Protected Status Reform and Integrity Act (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Designation of a foreign state for temporary protected status. Sec. 3. Travel abroad by a registrant with temporary protected status. Sec. 4. Procedures upon termination of a temporary protected status designation. Sec. 5. Clarification of temporary protected status. Sec. 6. Filing of requests for temporary protected status. Sec. 7. Technical amendments. Sec. 8. Severability. Sec. 9. Effective date. 2. Designation of a foreign state for temporary protected status (a) In general Section 244(b) of the Immigration and Nationality Act ( 8 U.S.C. 1254a(b) (1) by striking Attorney General Secretary of Homeland Security (2) in paragraph (1), in the undesignated matter following subparagraph (C), by inserting the Secretary of Homeland Security, not later than 30 days before such effective date, submits a report to Congress that contains all of the matters described in paragraph (3)(C)(ii) with respect to such designation and unless (3) in paragraph (3)— (A) by amending subparagraph (A) to read as follows: (A) Reviews (i) Initial review Not later than 90 days before the end of the initial period of designation of a foreign state (or part of a foreign state) under this subsection, the Secretary of Homeland Security, after consultation with the appropriate Federal agencies— (I) shall review the conditions in the foreign state (or part of the foreign state) for which such designation is in effect; and (II) may extend such designation for a period not to exceed 18 months if the Secretary— (aa) determines that the conditions for such designation continue to be met; and (bb) submits the information described in subparagraph (C)(ii) to Congress. (ii) Periodic reviews Not later than 90 days before the end of any extended period of designation beyond the first designation of a foreign state (or part of a foreign state) under this subsection, the Secretary of Homeland Security, after consultation with the appropriate Federal agencies— (I) shall review the conditions in the foreign state (or part of the foreign state) for which such designation is in effect; and (II) may make a determination as to whether the conditions for such designation continue to be met. ; (B) in subparagraph (B)— (i) by striking If the Attorney General (i) Automatic termination A designation shall terminate on the date on which such designation, or the most recent extension of such designation, is scheduled to expire if— (I) the Secretary of Homeland Security does not make a determination under clause (i)(II) or (ii)(II) of subparagraph (A) that the conditions for such designation continue to be met; or (II) (aa) the Secretary of Homeland Security submits a recommendation to extend such designation pursuant to subparagraph (C)(i); and (bb) such extension is not expressly authorized by an Act of Congress that is enacted not later than 90 days after the date on which such recommendation is submitted. (ii) Effect of determination If the Secretary of Homeland Security ; and (ii) by striking the Attorney General the Secretary (C) by striking subparagraph (C) and inserting the following: (C) Recommendation to congress on extensions of designation (i) Recommendation If the Secretary of Homeland Security determines, pursuant to subparagraph (A)(ii), that a foreign state (or part of a foreign state) continues to meet the conditions for designation under paragraph (1) and that such designation should receive a second or subsequent extension, the Secretary shall submit a recommendation to Congress to extend, by an Act of Congress, the period of designation of the foreign state (or part of the foreign state) for a period not to exceed 18 months. (ii) Matters to be included A recommendation under clause (i) shall include— (I) a justification for the extension, including a description of— (aa) the humanitarian concern in the foreign state (or part of a foreign state); or (bb) the reason for which the extension is otherwise in the national interest of the United States; and (II) a report to the appropriate congressional committees that includes— (aa) a summary of the country conditions information assessed by the Secretary of Homeland Security and the appropriate Federal agencies that with which the Secretary has consulted; (bb) copies of all sources from which the country conditions information described in item (aa) originated; (cc) an unredacted copy of the signed decision memo to designate or extend temporary protected status for the foreign state (or part of a foreign state); (dd) a justification for why the entire foreign state (rather than a part of the foreign state) merits such designation, if applicable; (ee) the analysis used to reach the decision described in item (dd); (ff) any local or regional variations in the country conditions which differ from the prior designation or requested redesignation; and (gg) the estimated or actual population of aliens from the foreign state (or part of such foreign state) residing in the United States— (AA) who have valid nonimmigrant status; (BB) who have been granted a discretionary reprieve from removal; (CC) who have overstayed any type of lawful status in the United States; (DD) who have never held lawful status in the United States; (EE) who have any sort of criminal record, with a description of the nature of such criminal record; (FF) who have traveled abroad during the period of designation, with the prior approval of the Secretary of Homeland Security; (GG) who have traveled abroad during the period of designation without the prior approval from the Secretary of Homeland Security; (HH) whose temporary protected status has been terminated for any reason; or (II) who have previously been ordered removed from the United States. (iii) Consultation (I) In general Not later than 30 days after submitting a recommendation described in clause (i) to Congress, the Secretary of Homeland Security shall provide a briefing to the appropriate congressional committees. (II) Consultation described Each consultation required under subclause (I) shall involve an in-person appearance by a designated cabinet-level representative of the President with members of the appropriate congressional committees to review the justification extending a designation under this subparagraph, including a discussion of the elements described in clause (ii). (D) Prohibition against new designations (i) In general Subject to clauses (ii) and (iii), the Secretary of Homeland Security may not designate a foreign state (or part of a foreign state) for which a designation has terminated pursuant to subparagraph (B)(i) during the 18-month period beginning on the date of such termination. (ii) Applicability Clause (i) shall not apply to a designation that is expressly authorized by an Act of Congress. (iii) Same or similar designation The Secretary of Homeland Security may not redesignate a foreign state (or part of a foreign state) for which a designation has terminated pursuant to subparagraph (B)(i) based on the same or a similar criteria, event, or justification. (E) Clarification regarding eligibility for temporary protected status (i) Treatment of prior status Any alien who has been admitted and held valid nonimmigrant status shall not be considered eligible for temporary protected status under this subsection unless such status is terminated not later than 180 days before the termination of a designation or an extension of a designation of temporary protected status. (ii) Treatment of criminal convictions Any alien who has been convicted of 2 or more misdemeanors or 1 or more felonies is not eligible for temporary protected status under this section. (iii) Unlawful entry or visa overstay eligibility Any alien who has entered the United States without inspection, has overstayed the period for which the alien has been lawfully admitted, has been issued a final order of removal, or otherwise is not lawfully present in the United States is not eligible for temporary protected status under this section. (iv) Prohibition on approval of requests for aliens who entered the United States after the date of designation (I) Late arrivals Notwithstanding any other provision of law, an alien who enters the United States after the date on which the Secretary designates a foreign state (or part of a foreign state) pursuant to paragraph (1) shall be considered ineligible to register for temporary protected status under this section. (II) Continuation of ineligibility Any alien who is determined to be ineligible for temporary protected status under this section is not eligible to receive such status during any extension of a designation of the foreign state (or part of a foreign state) of which such alien is a national. (III) Continuous presence requirement Any alien who failed to meet the continuous presence requirement as of the date on which the Secretary of Homeland Security designated the foreign state (or the part of a foreign state) of which the alien is national is not eligible to register for temporary protected status under this section. The date of the Secretary of Homeland Security’s designation shall be deemed to be the date on which the Secretary announces such decision, rather than the date on which such decision was published in the Federal Register. . (b) Conforming amendment Section 244(a) of the Immigration and Nationality Act ( 8 U.S.C. 1254a(a) 3. Travel abroad by a registrant with temporary protected status (a) In general Section 244(c) of the Immigration and Nationality Act ( 8 U.S.C. 1254a(c) (1) in paragraph (3)(B), by striking except as permitted in subsection (f)(3), (2) by amending paragraph (4) to read as follows: (4) Prohibition of travel abroad by a registrant with temporary protected status (A) Effect of failure to maintain continuous residence Except as provided in subparagraph (B), any alien who fails to maintain continuous residence for the duration of his or her temporary protected status in accordance with paragraph (1)(A)(i) shall have such status withdrawn immediately upon departure from the United States. (B) Exception for preapproved absences (i) In general An alien shall not be considered to have failed to maintain continuous residence in the United States under paragraph (1)(A)(ii) due to a brief absence from the United States that was approved by the Secretary of Homeland Security in advance. (ii) Effect on eligibility for parole Any alien who receives prior approval from the Secretary of Homeland Security for a brief absence from the United States is ineligible for parole under section 212(d)(5) upon returning to the United States. (C) Effect of return to country of nationality Any alien who receives prior approval from the Secretary of Homeland Security for a brief absence from the United States— (i) shall have his or her temporary protected status withdrawn upon entering any country which is designated under subsection (b); and (ii) does not have a right to reinstatement or appeal of such withdrawal upon termination of temporary protected status under clause (i). . (b) Disqualification of approved travel documents qualifying temporary protected status registrant for adjustment of status Section 304(c)(1) of the Miscellaneous and Technical Immigration and Naturalization Amendments of 1991 ( 8 U.S.C. 1254a (1) Notwithstanding any other provision of law, an alien described in paragraph (2) who has been authorized by the Secretary of Homeland Security to travel abroad temporarily and who returns to the United States in accordance with such authorization is not eligible for adjustment of status under section 245(a) of the Immigration and Nationality Act ( 8 U.S.C. 1255(a) . 4. Procedures upon termination of a temporary protected status designation Section 244 of the Immigration and Nationality Act, as amended by sections 2 and 3, is further amended— (1) in subsection (b)— (A) by redesignating paragraphs (4) and (5) as paragraphs (5) and (6), respectively; (B) by inserting after paragraph (3) the following: (4) Departure timeline If a designation of a foreign state (or part of a foreign state) is terminated pursuant to paragraph (3)(B)— (A) the Secretary of Homeland Security shall permit aliens granted temporary protected status as a result of such designation to remain in the United States for 180 days after the termination of such designation; (B) aliens who received employment authorization pursuant to such designation may not have such employment authorization extended beyond the earlier of— (i) the last day of the 180-day period described in subparagraph (A); and (ii) the date on which such employment authorization was previously scheduled to terminate; (C) aliens may not be shielded from removal to the country of designation upon conclusion of the 180-day period described in subparagraph (A); and (D) any alien who has not departed or obtained another lawful status within 180 days after the termination date described in subparagraph (A) shall be considered an enforcement priority by the Department of Homeland Security. ; and (C) in paragraph (6), as redesignated, by amending subparagraph (A) to read as follows: (A) Judicial review There shall be no judicial review of any determination of the Secretary of Homeland Security with respect to the designation, the termination or extension of a designation, or any collateral matters relating to the designation, termination, or extension of a foreign state (or part of a foreign state) under this subsection. ; and (2) in subsection (d), by amending paragraph (3) to read as follows: (3) Effective date of termination (A) In general Upon the termination of a designation pursuant to subsection (b)(3)(B), any alien granted temporary protected status as a result of such designation shall have 180 days to depart the United States. All benefits received by the alien as a result of such status shall be terminated not later than the last day of such 180-day period. (B) No new benefits approved The Secretary of Homeland Security may not grant any new benefits to aliens based on the designation of a foreign state (or part of a foreign state) under subsection (b) on or after the date on which such designation is terminated. . 5. Clarification of temporary protected status Section 244 of the Immigration and Nationality Act ( 8 U.S.C. 1254a (1) in subsection (c), by amending paragraph (2) to read as follows: (2) Eligibility standards and relation of temporary protected status to other immigration benefits (A) Changing or adjusting status Any alien who registers under paragraph (1)(A)(iv) is ineligible, during the validity period of his or her temporary protected status registration— (i) to adjust his or her status under section 245; or (ii) to change his or her nonimmigrant classification under section 248. (B) Waiver of grounds of inadmissibility The Secretary of Homeland Security may not waive any provision under section 212(a) when considering an alien’s eligibility for temporary protected status. If an alien who is in temporary protected status on the date of the enactment of the Temporary Protected Status Reform and Integrity Act (C) Separate registration Notwithstanding any other provision of law, an alien’s registration for temporary protected status is separate and distinct from the conditions regarding inspection and admission described in any other section of this chapter ; and (2) in subsection (f)— (A) in the subsection heading, by striking Benefits and (B) by striking section— (2) section, (C) by striking paragraphs (3) and (4). 6. Filing of requests for temporary protected status Section 244 of the Immigration and Nationality Act, as amended by sections 2, 3, 4, and 5, is further amended— (1) in subsection (c)(1)(B)— (A) by striking The amount of any such fee shall not exceed $50. (B) by striking fee for providing fees for biometrics (including fingerprinting), re-registration, and providing (2) by redesignating subsection (i) as subsection (j); and (3) by inserting after subsection (h) the following: (i) Filing and processing of requests for temporary protected status (1) In general Not later than 180 days after the date of the enactment of the Temporary Protected Status Reform and Integrity Act (2) Timely filing required No application or request for a benefit related to a designation under subsection (b) shall be considered properly filed and adjudicated if such application or request was filed not later than 90 days after the date on which the notice of such designation was published in the Federal Register. (3) Prohibition on fee waivers Notwithstanding any other provision of law, no alien who applies for or requests temporary protected status shall be eligible for a waiver of the fee required under subsection (c)(1)(B). . 7. Technical amendments Section 244 of the Immigration and Nationality Act, as amended by this Act, is further amended by striking Attorney General Secretary of Homeland Security 8. Severability If any provision of this Act or any amendment made by this Act, or the 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 the remaining provisions of this Act, to any person or circumstance, shall not be affected. 9. 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 the enactment of this Act.

Temporary Protected Status Reform and Integrity Act

Protect Lifesaving Anesthesia Care for Veterans Act of 2023 This bill prohibits the Department of Veterans Affairs (VA) from modifying its policy relating to anesthesia care in a manner that would provide any medical professional other than a physician anesthesiologist with full practice authority for the furnishment of anesthesia care to veterans under VA health care laws. The VA is also prohibited from finalizing, implementing, or enforcing the provisions relating to anesthesia care of the proposed rule titled Advanced Practice Registered Nurses (81 Fed. Reg. 33155), or any substantially similar rule.

118 S2070 IS: Protect Lifesaving Anesthesia Care for Veterans Act of 2023 U.S. Senate 2023-06-21 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 2070 IN THE SENATE OF THE UNITED STATES June 21, 2023 Ms. Cantwell Mr. Cassidy Committee on Veterans' Affairs A BILL To prohibit the Secretary of Veterans Affairs from replacing physician anesthesiologists with certified registered nurse anesthetists under the health care system of the Department of Veterans Affairs, and for other purposes. 1. Short title This Act may be cited as the Protect Lifesaving Anesthesia Care for Veterans Act of 2023 2. Prohibition on replacement of physician anesthesiologists under health care system of Department of Veterans Affairs (a) Prohibition The Secretary of Veterans Affairs may not— (1) modify the policy of the Department of Veterans Affairs relating to anesthesia care in a manner that would provide any medical professional other than a physician anesthesiologist with full practice authority for the furnishment of anesthesia care to veterans under the laws administered by the Secretary of Veterans Affairs (including by providing certified registered nurse anesthetists with such full practice authority); or (2) finalize, implement, or enforce the provisions relating to anesthesia care of the proposed rule titled Advanced Practice Registered Nurses (b) Rule of construction Nothing in this section shall be construed to limit the authority of the Secretary of Veterans Affairs to issue any short-term emergency order relating to the safety, care, or well-being of veterans during surgical procedures.

Protect Lifesaving Anesthesia Care for Veterans Act of 2023

Supporting Mental Health for Military Children Act This bill requires the Department of Defense (DOD) to establish and implement a four-year pilot program to provide routine mental health checkups for students in 10 selected elementary or secondary schools that are operated by the Department of Defense Education Activity (DODEA). Such schools must be DODEA schools within or outside the United States that DOD determines have adequate mental health infrastructure in place to provide mental health checkups under the program.

118 S2072 IS: Supporting Mental Health for Military Children Act U.S. Senate 2023-06-21 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 2072 IN THE SENATE OF THE UNITED STATES June 21, 2023 Mr. Padilla Committee on Armed Services A BILL To establish a pilot program to provide mental health check-ups for students at schools operated by the Department of Defense Education Activity, and for other purposes. 1. Short title This Act may be cited as the Supporting Mental Health for Military Children Act 2. Pilot program for routine mental health check-ups in schools operated by the Department of Defense Education Activity (a) In general Beginning not later than one year after the date of the enactment of this Act, the Secretary of Defense shall establish and implement a pilot program to provide routine metal health check-ups for students in covered DODEA schools. (b) Program activities Under the pilot program established under subsection (a), the Secretary shall— (1) subject to subsection (d), ensure that students at covered DODEA schools receive routine mental health check-ups, conducted by military medical treatment facility behavioral health providers assigned to such schools, and which may include the use of mental health screening tools, such as the Patient Health Questionnaire-2 or the Patient Health Questionnaire-9; (2) ensure that such mental health check-ups— (A) consist of biannual or semesterly mental and behavioral health screenings for disorders common in children aged 3 to 17, including— (i) an initial virtual screening test for all students; and (ii) a follow-up screening carried out by a school psychologist or school nurse for students with specific needs identified through the initial screening; and (B) include questions about a student’s mood, emotional state, habits, and behaviors to help diagnose conditions such as— (i) depression; (ii) suicidal ideation; (iii) anxiety; (iv) attention-deficit/hyperactivity disorder (ADHD); (v) eating disorders; (vi) substance abuse; and (vii) dual diagnosis conditions; (3) train licensed mental and behavioral health professionals to conduct mental health check-ups, including training in— (A) recognizing the signs and symptoms of mental illnesses; and (B) safely de-escalating crises involving individuals with a mental illness; (4) establish a streamlined diagnosis-to-treatment process, including a comprehensive process through which a student with needs identified through a mental health check-up— (A) may be referred to a certified community behavioral health clinic in the community in which the school is located; and (B) may receive additional care or treatment through comprehensive school-based services; (5) mobilize school nurses and counselors to facilitate screening in collaboration with administrators and teachers; (6) conduct awareness-building educational efforts in conjunction with the screening process; (7) implement a robust school-based and telehealth support system (including options for individual or group therapy) for students seeking support after diagnosis; and (8) make resources available to the communities surrounding schools for individuals with a mental illness through a coordinated referral process with local community-based health clinics and school-based mental health clinics if such school-based mental health clinics are available and have the capacity and expertise to handle complex mental health situations. (c) Selection of schools (1) Initial selection For the one-year period beginning on the date on which the pilot program established under subsection (a) commences, the Secretary shall select 10 covered DODEA schools at which to carry out the pilot program. (2) Subsequent years For the one-year period beginning after the end of the one-year period described in paragraph (1), and each one-year period thereafter until the termination of the pilot program under subsection (h), the Secretary shall select an additional 10 covered DODEA schools at which to carry out the pilot program relative to the number of schools at which the pilot program is carried out in the preceding one-year period. (3) Selection of schools overseas In selecting covered DODEA schools under paragraph (1) or (2) for any one-year period, the Secretary shall select not fewer than 2 such schools located outside the United States. (d) Referral process requirements (1) Agreements with behavioral health clinics For purposes of the comprehensive referral process described in subsection (b)(4), the Secretary of Defense shall seek to enter into memoranda of understanding or other agreements with federally funded community behavioral health clinics in communities in which covered DODEA schools are located pursuant to which a school may refer students to such a clinic and make appointments for students at the clinic. The requirement to establish such a referral process may not be satisfied solely by providing a list of nearby community behavioral health clinics to parents of students at covered DODEA schools. (2) Exception In a case in which the Secretary of Defense is unable to meet the requirements of paragraph (1) because there is no federally funded community behavioral health clinic in a community in which a covered DODEA school is located, the Secretary of Defense shall develop and make available a comprehensive guide to the mental health resources that are available to students and parents in that community. (e) Student privacy protections In carrying out the pilot program established under subsection (a), the Secretary shall ensure that a parent or guardian of a student at a covered DODEA school— (1) is provided with— (A) notice that a student may receive a mental health check-up under the pilot program; and (B) an opportunity to opt the student out of any such mental health check-up before it is administered; and (2) gives informed consent before— (A) the referral of a student to a community-based health clinic as described in subsection (b)(4)(A); or (B) the disclosure of any information concerning such student to such a clinic. (f) Evaluations Not later than 180 days after commencing the pilot program under subsection (a), and not less frequently than every 180 days thereafter, the Secretary of Defense shall conduct an evaluation of the pilot program, which shall include evaluation of— (1) processes under the pilot program; and (2) student outcomes under the pilot program. (g) Report Not later than one year before the pilot program terminates under subsection (h), the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the progress of the pilot program. The report shall include— (1) the results of the evaluations conducted under subsection (f); (2) an assessment of whether the pilot program should be continued; (3) a strategy for expanding the pilot program to all DODEA schools; and (4) such other information as the Secretary determines appropriate. (h) Termination The pilot program established under subsection (a) shall terminate on the date that is 4 years after the commencement of the pilot program. (i) Authorization of appropriations There are authorized to be appropriated to carry out this Act such sums as may be necessary for fiscal years 2024 through 2029. (j) Definitions In this section: (1) Certified community behavioral health clinic The term certified community behavioral health clinic 42 U.S.C. 1396a (2) Covered DODEA school The term covered DODEA school (A) operated by the Department of Defense Education Activity within or outside the United States; and (B) that the Secretary determines has adequate mental health infrastructure in place to provide mental health check-ups under the pilot program established under subsection (a). (3) Elementary school; secondary school The terms elementary school secondary school 20 U.S.C. 7801 (4) Military medical treatment facility The term military medical treatment facility

Supporting Mental Health for Military Children Act

Public Health and Border Security Act of 2023 This bill requires the Department of Health and Human Services (HHS) to meet conditions related to notification and planning before terminating certain restrictions on imports and individuals entering the United States. Current law authorizes HHS to restrict entries and imports from foreign countries to prevent the introduction of communicable diseases. HHS exercised this authority as part of its COVID-19 response, including to allow for the expulsion of undocumented migrants at the border without any asylum processing. Under this bill, HHS may not terminate the restrictions for (1) at least 60 days after it notifies Congress of the end of the COVID-19 emergency, and (2) at least 30 days after it submits to Congress a plan for addressing the possible influx of migrants or imports resulting from lifting the restrictions.

118 S208 IS: Public Health and Border Security Act of 2023 U.S. Senate 2023-02-01 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 208 IN THE SENATE OF THE UNITED STATES February 1, 2023 Mr. Lankford Ms. Sinema Mr. Kelly Mr. Thune Mr. Manchin Mrs. Capito Mr. Tester Ms. Hassan Mr. Tillis Committee on Health, Education, Labor, and Pensions A BILL To establish a procedure for terminating a determination by Surgeon General to suspend certain entries and imports from designated places. 1. Short title This Act may be cited as the Public Health and Border Security Act of 2023 2. 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 42 U.S.C. 247d (b) Procedures during 60-Day termination window (1) Plan Not later than 30 days after the date on which a written notification is provided under 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, local or Tribal government, or nongovernmental organization that has a role in managing outcomes associated with the suspension, as determined by the Surgeon General (or the designee of the Surgeon General), shall develop and submit to the appropriate committees of Congress, a plan to address any possible influx of entries or imports, as defined in such order of suspension, related to the termination of such order. (2) Failure to submit If a plan under paragraph (1) is not submitted to the appropriate committees of Congress within the 30-day period described in such paragraph, not later than 7 days after the expiration of such 30-day period, the Secretary shall notify the appropriate committees of Congress, in writing, of the status of preparing such a plan and the timing for submission as required under paragraph (1). The termination of order related to such plan shall be delayed until that date that is 30 days after the date on which such plan is submitted to such committees.

Public Health and Border Security Act of 2023

Jordan McNair Student Athlete Heat Fatality Prevention Act This bill requires each institution of higher education (IHE) that participates in federal student aid programs and is a member of an athletic association or athletic conference to develop and implement a venue-specific heat illness emergency action plan for operating and using automatic external defibrillators and cold-water immersion equipment. Specifically, each plan must include a symptom identification structure and a coordination of care plan for student athletes exhibiting signs of heat illness that is posted in each locker room, athletic training facility, weight room, and outdoor sports complex and stadium. Additionally, each plan must be made available on the athletic program website or public website of the IHE at the beginning of each academic year; be distributed to local emergency responders; and be distributed to, and rehearsed in person, by specific individuals (e.g., student athletes, coaches, and athletic trainers) before the start of in-person training for each academic year. The bill also requires an IHE to submit an annual report that demonstrates compliance with this bill's requirements.

118 S2081 IS: Jordan McNair Student Athlete Heat Fatality Prevention Act U.S. Senate 2023-06-21 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 2081 IN THE SENATE OF THE UNITED STATES June 21, 2023 Mr. Cardin Mr. Van Hollen Committee on Health, Education, Labor, and Pensions A BILL To amend section 485 of the Higher Education Act of 1965 to require venue-specific heat illness emergency action plans for any institution of higher education that is a member of an athletic association or athletic conference, and for other purposes. 1. Short title This Act may be cited as the Jordan McNair Student Athlete Heat Fatality Prevention Act 2. Findings Congress finds the following: (1) Heat-related illnesses are a serious medical condition that result from the body’s inability to cool itself down in extremely hot environments. Heat-related illnesses include exertional heatstroke, heat exhaustion, heat cramps, heat syncope, heat rash, and muscle breakdown. When experiencing heat illness, patients may exhibit an array of symptoms, including, but not limited to, confusion, slurred speech, unconsciousness, vomiting, seizures, fatigue, elevated body temperature, fainting, dizziness, or muscle pain. (2) The Centers for Disease Control and Prevention reported more than 700 heat-related deaths in the United States from 2004 to 2018. Heat is the leading climate-related cause of deaths, and rising temperatures pose a serious risk to student athletes participating in outdoor sports. (3) Jordan McNair, a highly accomplished high school football player from Maryland, received scholarship offers from many competitive university football programs. He chose to continue his athletic and academic career at the University of Maryland. (4) On May 29, 2018, Jordan McNair collapsed during a workout on the University of Maryland’s football field in the 81 degrees Fahrenheit heat. McNair was suffering from exertional heatstroke and was unable to remain in an upright position without assistance from his teammates, medical staff, or coaching staff. (5) Despite being a student athlete at a well-funded division I university, Jordan McNair received inadequate heat-related illness treatment once he was escorted off the field and into the athletic training room. Because medical staff were unable to reverse McNair’s core body temperature, the illness escalated to a seizure and respiratory distress. (6) Most medical professionals advise patients to receive treatment within 30 minutes of initial heat illness symptoms. More than 90 minutes passed from the time McNair displayed initial symptoms of exertional heatstroke to the time he finally received adequate care from the nearest hospital. (7) By the time Jordan McNair arrived at the hospital, his core body temperature had reached a life-threatening temperature of 106 degrees Fahrenheit. (8) On June 13, 2018, two weeks after collapsing on the football field at practice, Jordan McNair died from symptoms of exertional heatstroke. (9) Two extensive external investigations of the University of Maryland’s football program concluded that the program’s medical staff failed to promptly intervene, diagnose, and treat Jordan McNair’s exertional heatstroke symptoms. (10) According to an independent medical report, University staff failed to assess Jordan McNair’s vitals, recognize and monitor heat-related illness symptoms, provide adequate cooling devices and respiratory aids, and generate an emergency plan to coordinate with emergency responders. (11) The University of Maryland has taken significant steps to prevent and treat heat-related injuries among their student athletes, making cold water immersion tubs available at every practice and game, installing and maintaining readily accessible automatic defibrillators in every venue, increasing the number of doctors and trainers at practices and games, providing more recovery breaks, and increasing the training and reporting structure of athletic trainers, among other reforms in line with the priorities of this legislation. (12) The McNair family is devoted to honoring Jordan’s legacy and founded the Jordan McNair Foundation, which provides an educational tool to help coaches, student athletes, and parents identify symptoms of exertional heatstroke and heat-related illnesses. (13) Heat-related illnesses and fatalities are preventable if caught early. Medical staff, coaches, and athletes must be knowledgeable of the warning signs for heat-related illness in order to protect student athletes from injury, and even death. 3. Venue-specific heat illness emergency action plan requirements Section 485 of the Higher Education Act of 1965 ( 20 U.S.C. 1092 (n) Venue-Specific heat illness emergency action plan requirement (1) In general Each institution of higher education that is participating in any program under this title and that is a member of an athletic association or athletic conference, shall— (A) not later than 1 year after the date of the enactment of this subsection and in consultation with local emergency responders, develop and implement a venue-specific heat illness emergency action plan, which shall include a plan for the operation and use of automatic external defibrillators and cold water immersion equipment; and (B) not later than 1 year after the date that such a plan is first implemented, and on an annual basis thereafter, submit to the Secretary and authorizing committees a report that demonstrates compliance with the requirements of this subsection with respect to the preceding year. (2) Requirements A venue-specific heat illness emergency action plan developed and implemented under paragraph (1), with respect to an institution of higher education, shall— (A) include a symptom identification structure and a coordination of care plan for student athletes exhibiting signs of heat illness, and be visibly posted in each— (i) locker room; (ii) athletic training facility; (iii) weight room; and (iv) outdoor sports complex and stadium; (B) be made available on the athletic program website or public website of the institution of higher education at the beginning of each academic year; (C) before the start of in-person training for each academic year, be distributed to, and rehearsed in person by all student athletes, certified athletic trainers, team physicians, athletic training students, athletic administrators, coaches, institutional safety personnel, and legal counsel at the institution; and (D) be distributed to local emergency responders. (3) Recommendations In developing a venue-specific heat illness emergency action plan under paragraph (1), an institution of higher education shall consider— (A) including guidelines formulated by the Wet-Bulb Globe Temperature index to assess environmental conditions and heat stress prevention for student athletes; (B) locating a readily accessible and properly maintained automatic external defibrillator within three minutes of each sporting venue; and (C) including the location of each automatic external defibrillator in the heat illness emergency action plan. (4) Authorized adjustments In the case of a facility described in paragraph (2)(A) that is undergoing a major physical alteration that would affect the implementation of a requirement of paragraph (2), such requirement may be adjusted with respect to the facility. .

Jordan McNair Student Athlete Heat Fatality Prevention Act

Reducing Exposure to Burn Pits Act This bill requires the Office of the Under Secretary of Defense for Acquisition and Sustainment within the Department of Defense to submit a report to Congress on incinerators and waste-to-energy waste disposal alternatives to burn pits (areas used for burning solid waste in open air without equipment). The report must be submitted not later than 60 days after the President submits the budget for FY2024.

118 S2083 IS: Reducing Exposure to Burn Pits Act U.S. Senate 2023-06-21 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 2083 IN THE SENATE OF THE UNITED STATES June 21, 2023 Mr. Welch Mr. Tillis Ms. Murkowski Committee on Armed Services A BILL To direct the Under Secretary of Defense for Acquisition and Sustainment to submit to Congress a report on incinerators and waste-to-energy waste disposal alternatives to burn pits. 1. Short title This Act may be cited as the Reducing Exposure to Burn Pits Act 2. Report by Department of Defense on alternatives to burn pits Not later than 60 days after the date on which the President submits the budget of the President under section 1105(a) of title 31, United States Code, for fiscal year 2024, the Under Secretary of Defense for Acquisition and Sustainment shall submit to Congress a report on incinerators and waste-to-energy waste disposal alternatives to burn pits.

Reducing Exposure to Burn Pits Act

Medicare Multi-Cancer Early Detection Screening Coverage Act This bill allows for Medicare coverage and payment for multi-cancer early detection screening tests that are approved by the Food and Drug Administration and that are used to screen for cancer across many cancer types, if the Centers for Medicare & Medicaid Services determines such coverage is appropriate.

118 S2085 IS: Medicare Multi-Cancer Early Detection Screening Coverage Act U.S. Senate 2023-06-21 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 2085 IN THE SENATE OF THE UNITED STATES June 21, 2023 Mr. Crapo Mr. Bennet Mr. Scott of South Carolina Mr. Cardin Committee on Finance A BILL To amend title XVIII of the Social Security Act to provide for Medicare coverage of multi-cancer early detection screening tests. 1. Short title This Act may be cited as the Medicare Multi-Cancer Early Detection Screening Coverage Act 2. Purpose The purpose of this Act is to create a covered benefit for multi-cancer early detection screening tests to ensure Medicare beneficiary access to these tests without unnecessary delay once approved under the Federal Food, Drug, and Cosmetic Act. 3. Medicare coverage of multi-cancer early detection screening tests (a) Coverage Section 1861 of the Social Security Act ( 42 U.S.C. 1395x (1) in subsection (s)(2)— (A) by striking the semicolon at the end of subparagraph (JJ) and inserting ; and (B) by adding at the end the following new subparagraph: (KK) multi-cancer early detection screening tests (as defined in subsection (nnn)); ; and (2) by adding at the end the following new subsection: (nnn) Multi-Cancer early detection screening tests The term multi-cancer early detection screening test (1) A genomic sequencing blood or blood product test that includes the analysis of cell-free nucleic acids. (2) Such other equivalent tests (which are based on blood, blood products, urine, or other sample of biological material) as the Secretary determines appropriate in providing results comparable to those obtained with a test described in paragraph (1). . (b) Payment and frequency limit (1) Payment under fee schedule Section 1833(h) of the Social Security Act ( 42 U.S.C. 1395l(h) (A) in paragraph (1)(A), by inserting after (including multi-cancer early detection screening tests under section 1861(nnn), and including (B) by adding at the end the following new paragraph: (10) No payment may be made under this part for a multi-cancer early detection screening test (as defined in section 1861(nnn)) for an individual if such a test was furnished to the individual during the previous 11 months. . (2) Conforming amendment Section 1862(a) of the Social Security Act ( 42 U.S.C. 1395y(a) (A) in paragraph (1)— (i) in subparagraph (O), by striking and (ii) in subparagraph (P), by striking the semicolon at the end and inserting , and (iii) by adding at the end the following new subparagraph: (Q) in the case of a multi-cancer early detection screening test (as defined in section 1861(nnn)), which is performed more frequently than is covered under section 1833(h)(10); ; and (B) in paragraph (7), by striking or (P) (P), or (Q) (c) Rule of construction relating to other cancer screening tests Nothing in this section, including the amendments made by this section, shall be construed— (1) in the case of an individual who undergoes a multi-cancer early detection screening test, to affect coverage under part B of title XVIII of the Social Security Act for other cancer screening tests covered under such title, such as screening tests for breast, cervical, colorectal, lung, or prostate cancer; or (2) in the case of an individual who undergoes another cancer screening test, to affect coverage under such part for a multi-cancer early detection screening test or the use of such a test as a diagnostic or confirmatory test for a result of the other cancer screening test.

Medicare Multi-Cancer Early Detection Screening Coverage Act

Wounded Knee Massacre Memorial and Sacred Site Act This bill directs the Department of the Interior to complete all actions necessary to place approximately 40 acres of land in Oglala Lakota County, South Dakota, into restricted fee status for the Oglala Sioux Tribe and the Cheyenne River Sioux Tribe. Restricted fee status refers to land that is owned by a tribe or tribal member but is subject to restrictions by the United States against alienation (i.e., sale or transfer) or encumbrance (e.g., liens, leases, or rights-of-way) by operation of law. The bill requires the land to be held and maintained as a memorial and sacred site, as outlined by the document titled Covenant Between the Oglala Sioux Tribe and the Cheyenne River Sioux Tribe and dated October 21, 2022. Further, it prohibits commercial development and gaming activity on the land.

118 S2088 IS: Wounded Knee Massacre Memorial and Sacred Site Act U.S. Senate 2023-06-21 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 2088 IN THE SENATE OF THE UNITED STATES June 21, 2023 Mr. Rounds Mr. Thune Committee on Indian Affairs A BILL To direct the Secretary of the Interior to complete all actions necessary for certain land to be held in restricted fee status by the Oglala Sioux Tribe and Cheyenne River Sioux Tribe, and for other purposes. 1. Short title This Act may be cited as the Wounded Knee Massacre Memorial and Sacred Site Act 2. Definitions In this Act: (1) Restricted fee status The term restricted fee status (A) shall continue to be owned by the Tribes; (B) shall be part of the Pine Ridge Indian Reservation and expressly made subject to the civil and criminal jurisdiction of the Oglala Sioux Tribe; (C) shall not be transferred without the consent of Congress and the Tribes; (D) shall not be subject to taxation by a State or local government; and (E) shall not be subject to any provision of law providing for the review or approval by the Secretary of the Interior before the Tribes may use the land for any purpose as allowed by the document titled Covenant Between the Oglala Sioux Tribe and the Cheyenne River Sioux Tribe (2) Secretary The term Secretary (3) Tribal land The term Tribal land Area of Interest Wounded Knee Sacred Site and Memorial Land (4) Tribes The term Tribes 3. Land held in restricted fee status by the Tribes (a) Action by secretary Not later than 365 days after enactment of this Act, the Secretary shall— (1) complete all actions, including documentation and minor corrections to the survey and legal description of Tribal land, necessary for the Tribal land to be held by the Tribes in restricted fee status; and (2) appropriately assign each applicable private and municipal utility and service right or agreement with regard to the Tribal land. (b) Conditions (1) Federal laws relating to Indian land Except as otherwise provided in this Act, the Tribal land shall be subject to Federal laws relating to Indian country, as defined by section 1151 of title 18, United States Code and protected by the restriction against alienation in section 177 of title 25, United States Code. (2) Use of land The Tribal land shall be used for the purposes allowed by the document titled Covenant Between the Oglala Sioux Tribe and the Cheyenne River Sioux Tribe (3) Encumbrances and agreements The Tribal land shall remain subject to any private or municipal encumbrance, right-of-way, restriction, easement of record, or utility service agreement in effect on the date of the enactment of this Act. (4) Gaming Pursuant to the document titled Covenant Between the Oglala Sioux Tribe and the Cheyenne River Sioux Tribe 25 U.S.C. 2701 et seq.

Wounded Knee Massacre Memorial and Sacred Site Act

Preserving Choice in Vehicle Purchases Act of 2023 This bill modifies the waiver process under the Clean Air Act related to state emission control standards for new motor vehicles (or new motor vehicle engines). Under current law, states are preempted from adopting or enforcing emission control standards for new motor vehicles (or new motor vehicle engines) unless the Environmental Protection Agency (EPA) provides a waiver authorizing a state to adopt such standards if certain requirements are met. The bill provides that state standards that directly or indirectly limit the sale or use of new motor vehicles with internal combustion engines are not eligible for waivers. The bill also prohibits the EPA from determining that any state standards amended after the bill's enactment are within the scope of an existing waiver. Additionally, the bill requires the EPA to revoke waivers granted between January 1, 2022, and the date of enactment of this bill if the standards directly or indirectly limit the sale or use of new motor vehicles with internal combustion engines.

118 S2090 IS: Preserving Choice in Vehicle Purchases Act of 2023 U.S. Senate 2023-06-21 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 2090 IN THE SENATE OF THE UNITED STATES June 21, 2023 Mr. Mullin Mr. Marshall Mr. Ricketts Mr. Cruz Mr. Barrasso Mr. Cramer Mr. Sullivan Mr. Wicker Mr. Hoeven Committee on Environment and Public Works A BILL To amend the Clean Air Act to prevent the elimination of the sale of motor vehicles with internal combustion engines, and for other purposes. 1. Short title This Act may be cited as the Preserving Choice in Vehicle Purchases Act of 2023 2. State standards (a) Amendments Section 209(b) of the Clean Air Act ( 42 U.S.C. 7543(b) (1) in paragraph (1)— (A) in subparagraph (A), by striking the comma at the end and inserting a semicolon; (B) in subparagraph (B), by striking , or (C) in subparagraph (C), by striking the period at the end and inserting ; or (D) by adding at the end the following: (D) the State standards directly or indirectly limit the sale or use of new motor vehicles with internal combustion engines (as defined in section 63.9375 of title 40, Code of Federal Regulations (as in effect on January 1, 2023)). ; and (2) by adding at the end the following: (4) Scope of waivers The Administrator may not determine that any State standard amended after the date of enactment of this paragraph is within the scope of a waiver granted under paragraph (1) before that date of enactment. . (b) Effect on certain existing waivers The Administrator of the Environmental Protection Agency shall revoke a waiver that was granted under section 209(b) of the Clean Air Act ( 42 U.S.C. 7543(b)

Preserving Choice in Vehicle Purchases Act of 2023

Child Tax Credit for Pregnant Moms Act of 2023 This bill allows a child tax credit for an unborn child who is born alive. It also allows the credit upon certification that a mother's pregnancy resulted in a miscarriage (the involuntary death of an unborn child who was carried in the womb for less than 20 weeks) or that the child was stillborn (the involuntary death of an unborn child who was carried in the womb for 20 weeks or more).

118 S2092 IS: Child Tax Credit for Pregnant Moms Act of 2023 U.S. Senate 2023-06-21 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 2092 IN THE SENATE OF THE UNITED STATES June 21, 2023 Mr. Daines Mr. Lankford Mr. Lee Mr. Scott of South Carolina Mrs. Hyde-Smith Mr. Cramer Mr. Hawley Mr. Rubio Mr. Budd Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to provide a child tax credit for pregnant moms with respect to their unborn children, and for other purposes. 1. Short title This Act may be cited as the Child Tax Credit for Pregnant Moms Act of 2023 2. Child tax credit allowed with respect to unborn children (a) In general Section 24 (l) Credit allowed with respect to unborn children For purposes of this section— (1) In general The term qualifying child (A) the taxable year immediately preceding the year in which such child is born alive, if the taxpayer includes on the return of tax for such taxable year a social security number for such child which is issued before the due date for such return of tax (without regard to extensions), or (B) the taxable year in which such child is miscarried or stillborn, if the taxpayer includes on the return of tax for the taxable year the identification number from a certificate of miscarriage or stillbirth issued for such child under section 229A(b) of the Public Health Service Act. (2) Retroactive or double credit allowed in certain cases to ensure equal access to the credit for unborn children (A) In general In the case of a qualifying child of an eligible taxpayer who is born alive and with respect to whom the credit under this section is not claimed under paragraph (1)(A) for the taxable year described in such paragraph, for the taxable year in which the child is born alive, with respect to such child— (i) the amount of the credit allowed (before the application of this subsection) under subsection (a), and (ii) the amount of the credit allowed (before the application of this subsection) under subsection (d)(1), shall each be increased by the amount of the credit which would have been allowed under each such subsection respectively with respect to such child for the preceding taxable year if such child had been treated as a qualifying child of the taxpayer for such preceding year. (B) Special rule for splitting of credit In the case of a child otherwise described in subparagraph (A) who, but for this subparagraph, would not be treated as a qualifying child of the eligible taxpayer for the taxable year in which such child is born alive— (i) subparagraph (A) shall not apply with respect to such child, (ii) such child shall be treated as a qualifying child for purposes of this section for such taxable year of— (I) the eligible taxpayer, and (II) any other taxpayer with respect to whom such child would, without regard to this subparagraph, be treated as a qualifying child, and (iii) in the case of the eligible taxpayer, the amount of the credit allowed under subsection (a) and the amount of the credit allowed under subsection (d)(1) for such taxable year shall each be equal to the amount of the credit which would have been allowed under each such subsection respectively with respect to such child for the preceding taxable year if such child had been treated as a qualifying child of the eligible taxpayer for such preceding year. (3) Definitions For purposes of this subsection— (A) Born alive The term born alive (B) Eligible taxpayer The term eligible taxpayer (i) with respect to a child, is the mother who— (I) carries or carried such child in the womb, and (II) is the biological mother of such child or initiated the pregnancy with the intention of bearing and retaining custody of and parental rights to such child (or acted to such effect), or (ii) in the case of a joint return, is the husband of such mother, but only if such taxpayer includes on the return of tax for the taxable year the social security number of such taxpayer (of at least 1 of such mother or husband, in the case of a joint return). (C) Social security number The term social security number (D) Unborn child The term unborn child . (b) Conforming amendment Subsection (a) of section 24 for which the taxpayer is allowed a deduction under section 151 (c) Application The amendments made by this section shall apply to children born alive, stillborn, or miscarried in taxable years beginning after the date of the enactment of this Act. 3. Miscarriage or stillbirth certificates Part A of title II of the Public Health Service Act ( 42 U.S.C. 202 et seq. 229A. Miscarriage or stillbirth certificates (a) Form certifying miscarriage or stillbirth Upon the request of a parent of an unborn child who dies pursuant to a miscarriage or stillbirth desiring a certificate described in subsection (b), a qualifying health care practitioner who attends or diagnoses such miscarriage or stillbirth may submit to the Secretary, acting through the Director for the National Center for Health Statistics (referred to in this section as the Director (1) the name of the unborn child (if provided by the requesting parent); (2) the sex of the child (if known); (3) the probable gestational age of the child; (4) identifying information of the parents of the unborn child; (5) a written certification from such practitioner stating, under penalty of perjury pursuant to section 1746 of title 28, that— (A) the mother was diagnosed as having been pregnant with the unborn child, according to standard medical practice, by such practitioner or another licensed health care practitioner; and (B) the unborn child died— (i) as a result of a miscarriage or stillbirth attended by or diagnosed by the certifying practitioner; and (ii) not as a result of an induced abortion or any other act that was intended by the mother to cause the death of the unborn child, including through the use of any abortion-inducing drug, but not including any treatment of an ectopic pregnancy; (6) a written certification from the mother of the unborn child stating, under penalty of perjury pursuant to section 1746 of title 28, United States Code, that the unborn child died as described in paragraph (5)(B); and (7) any other information as the Director may require. (b) Certificate of miscarriage or stillbirth Within 60 days of receipt of a form certifying a miscarriage or stillbirth submitted by a qualifying health care practitioner under subsection (a), the Secretary, acting through the Director, shall issue to the requesting parent a certificate of miscarriage or stillbirth that includes— (1) a unique identification number for the unborn child who was miscarried or stillborn; (2) (A) the name of the unborn child, as provided on the form under subsection (a); or (B) if a name does not appear on such original or amended form and the requesting parent does not wish to provide a name for the unborn child, baby boy baby girl baby (3) the probable gestational age of the child; (4) the following statement, which shall appear on the front of the certificate: This certificate is not proof of a live birth (5) the names of the parents; and (6) any other information as the Director may require. (c) Fees The Secretary, acting through the Director, may require payment of a fee from the requesting parent for obtaining a certificate of miscarriage or stillbirth under subsection (b), in an amount that is not greater than the actual cost of processing such certificate. (d) Disclosure Information submitted to the Secretary under subsection (a) and issued by the Secretary under subsection (b) shall be confidential, and shall not be disclosed other than as provided in such subsections or as otherwise used in the administration of the child tax credit allowed under section 24 (e) Definitions For purposes of this section— (1) Miscarriage The term miscarriage (2) Qualifying health care practitioner (A) In general The term qualifying health care practitioner (i) means an individual who is licensed to practice medicine and surgery, osteopathic medicine and surgery, or midwifery, or who is otherwise legally authorized to perform births and to diagnose and attend miscarriages or stillbirths; and (ii) excludes any such individual who is acting within the scope of employment with, self-employment as or with, or volunteer service for, an abortion center. (B) Abortion center For purposes of subparagraph (A)(ii), the term abortion center (i) means any entity for which at least one percent of its gross receipts are from performing abortions (including the use or prescription of any abortion-inducing drug, but excluding any procedure that is necessary to prevent the death of a pregnant mother whose life is endangered by a physical disorder, physical illness, or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy itself, so long as every reasonable effort is made to preserve the lives of both the pregnant mother and her unborn child); (ii) includes the entire legal entity described in clause (i), including any entity that controls, is controlled by, or is under common control with, such legal entity; and (iii) excludes any hospital (as defined in section 1861(e) of the Social Security Act). (3) Stillbirth The term stillbirth (4) Unborn child The term unborn child .

Child Tax Credit for Pregnant Moms Act of 2023

Disease X Act of 2023 This bill expands the priorities of the Biomedical Advanced Research and Development Authority (BARDA) to specifically include viral threats that have the potential to cause a pandemic. In particular, the bill expands the scope of innovation grants and contracts that may be awarded by BARDA to specifically include those that support research and development of certain manufacturing technology for medical countermeasures against viruses, including respiratory viruses, with pandemic potential. It also expands BARDA's authorized strategic initiatives to include advanced research, development, and procurement of countermeasures and products to address viruses with pandemic potential.

118 S2093 IS: Disease X Act of 2023 U.S. Senate 2023-06-21 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 2093 IN THE SENATE OF THE UNITED STATES June 21, 2023 Ms. Baldwin Mr. Tillis Committee on Health, Education, Labor, and Pensions A BILL To establish a program at BARDA for developing medical countermeasures for viral threats with pandemic potential. 1. Short title This Act may be cited as the Disease X Act of 2023 2. Medical countermeasures for viral threats with pandemic potential (a) In general Section 319L(c)(4) of the Public Health Service Act (42 U.S.C. 247d–7e(c)(4)) is amended— (1) in subparagraph (D)— (A) in clause (ii), by striking ; and (B) by redesignating clause (iii) as clause (v); and (C) by inserting after clause (ii) the following: (iii) the identification and development of platform manufacturing technologies needed for advanced development and manufacturing of medical countermeasures for viral families which have significant potential to cause a pandemic; (iv) advanced research and development of flexible medical countermeasures against priority respiratory virus families and other respiratory viral pathogens with a significant potential to cause a pandemic, with both pathogen-specific and pathogen-agnostic approaches; and ; and (2) in subparagraph (F)— (A) in clause (ii), by striking ; and (B) in clause (iii), by striking the period and inserting ; and (C) by adding at the end the following: (iv) priority virus families and other viral pathogens with a significant potential to cause a pandemic. . (b) Funding Section 319L(d)(2) of the Public Health Service Act (42 U.S.C. 247d–7e(d)(2)) is amended— (1) by striking To carry out (i) In general To carry out ; and (2) by adding at the end the following: (ii) Additional funding (I) In general In addition to the amounts appropriated under clause (i), there is authorized to be appropriated to the Fund $40,000,000 for each of fiscal years 2024 through 2028, which amounts shall be used solely for purposes of carrying out clauses (iii) and (iv) of subsection (c)(4)(D), such amounts to remain available until expended. (II) Restriction on use of funds Any product developed using funding appropriated pursuant to subclause (I) shall be substantially manufactured in the United States. The Secretary may waive the requirements of this subclause with respect to individual entities if the Secretary determines that requiring domestic research and development operations would be inconsistent with the public interest. .

Disease X Act of 2023

Community Wildfire Protection Act of 2023 This bill modifies the definition of at-risk community with respect to the hazardous fuel reduction program to eliminate the requirement that such a community be included on a specified list of interface communities or be within or adjacent to federal land.

118 S21 IS: Community Wildfire Protection Act of 2023 U.S. Senate 2023-01-23 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 21 IN THE SENATE OF THE UNITED STATES January 23 (legislative day, January 3), 2023 Mrs. Feinstein Mr. Daines Committee on Agriculture, Nutrition, and Forestry A BILL To amend the Healthy Forests Restoration Act of 2003 to modify the definition of the term at-risk community 1. Short title This Act may be cited as the Community Wildfire Protection Act of 2023 2. Definition of at-risk community Section 101(1)(A) of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6511(1)(A) (1) by striking is comprised of— a group comprises a group (2) by striking within or adjacent to Federal land;

Community Wildfire Protection Act of 2023

Intelligence Authorization Act for Fiscal Year 2024 This bill authorizes various intelligence-related activities for FY2024 and addresses related issues. For example, the bill modifies the requirements for a Department of Defense scholarship program for certain individuals pursuing cyber or digital technology degrees to allow scholarship recipients to fulfill their post-graduation employment obligation in the intelligence community; expands eligibility to receive in-state tuition rates at public institutions of higher education to members of the intelligence community on active duty for more than 30 days and their spouses and dependent children; requires the Office of the Director of National Intelligence (ODNI) to designate a senior official to serve as the intelligence community coordinator for accountability of China's atrocities (i.e., crimes against humanity, genocide, or war crimes); requires the ODNI to produce a national intelligence estimate on the implications of the ongoing war in Ukraine with respect to a long-term U.S. and NATO confrontation with Russia; requires the President to establish an office for analysis of global competition to carry out analysis and support policy development related to U.S. leadership in science, technology, and innovation relative to other countries; requires intelligence community Inspectors General to appoint security officers to provide confidential, security-related guidance to employees and contract employees who intend to make a complaint or provide information to Congress; defines circumstantial evidence that may be used in determining whether an adverse security clearance or access determination was a reprisal for the lawful disclosure of actions such as mismanagement, waste, abuse, or a violation of federal law; revises statutory requirements regarding classification and declassification of national security information; and defines the process whereby certain records of the President or Vice President may be designated as personal records in conjunction with the National Archives and Records Administration.

117 S2103 RS: Intelligence Authorization Act for Fiscal Year 2024 U.S. Senate text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II Calendar No. 106 118th CONGRESS 1st Session S. 2103 IN THE SENATE OF THE UNITED STATES June 22, 2023 Mr. Warner Select Committee on Intelligence A BILL To authorize appropriations for fiscal year 2024 for intelligence and intelligence-related activities of the United States Government, the Intelligence Community Management Account, and the Central Intelligence Agency Retirement and Disability System, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Intelligence Authorization Act for Fiscal Year 2024 (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—Intelligence activities Sec. 101. Authorization of appropriations. Sec. 102. Classified Schedule of Authorizations. Sec. 103. Intelligence Community Management Account. Sec. 104. Increase in employee compensation and benefits authorized by law. TITLE II—Central Intelligence Agency retirement and disability system Sec. 201. Authorization of appropriations. TITLE III—Intelligence community matters Subtitle A—General intelligence community matters Sec. 301. Post-graduate employment of Department of Defense Cyber and Digital Service Academy scholarship recipients in intelligence community. Sec. 302. Plan to recruit, train, and retain personnel with experience in financial intelligence and emerging technologies. Sec. 303. Policy and performance framework for mobility of intelligence community workforce. Sec. 304. In-State tuition rates for active duty members of the intelligence community. Sec. 305. Standards, criteria, and guidance for counterintelligence vulnerability assessments and surveys. Sec. 306. Improving administration of certain post-employment restrictions for intelligence community. Sec. 307. Mission of the National Counterintelligence and Security Center. Sec. 308. Prohibition relating to transport of individuals detained at United States Naval Station, Guantanamo Bay, Cuba. Sec. 309. Department of Energy review of certain foreign visitors and assignees to National Laboratories. Sec. 310. Congressional oversight of intelligence community risk assessments. Sec. 311. Inspector General review of dissemination by Federal Bureau of Investigation Richmond, Virginia, field office of certain document. Sec. 312. Office of Intelligence and Analysis. Subtitle B—Central Intelligence Agency Sec. 321. Protection of Central Intelligence Agency facilities and assets from unmanned aircraft. Sec. 322. Change to penalties and increased availability of mental health treatment for unlawful conduct on Central Intelligence Agency installations. Sec. 323. Modifications to procurement authorities of the Central Intelligence Agency. Sec. 324. Establishment of Central Intelligence Agency standard workplace sexual misconduct complaint investigation procedure. Sec. 325. Pay cap for diversity, equity, and inclusion staff and contract employees of the Central Intelligence Agency. TITLE IV—Matters concerning foreign countries Subtitle A—People’s Republic of China Sec. 401. Intelligence community coordinator for accountability of atrocities of the People's Republic of China. Sec. 402. Interagency working group and report on the malign efforts of the People's Republic of China in Africa. Sec. 403. Amendment to requirement for annual assessment by intelligence community working group for monitoring the economic and technological capabilities of the People's Republic of China. Sec. 404. Assessments of reciprocity in the relationship between the United States and the People’s Republic of China. Sec. 405. Annual briefing on intelligence community efforts to identify and mitigate Chinese Communist Party political influence operations and information warfare against the United States. Sec. 406. Assessment of threat posed to United States ports by cranes manufactured by countries of concern. Subtitle B—Russian Federation Sec. 411. Assessment of lessons learned by intelligence community with respect to conflict in Ukraine. Sec. 412. National intelligence estimate on long-term confrontation with Russia. Subtitle C—Other foreign countries Sec. 421. Report on efforts to capture and detain United States citizens as hostages. Sec. 422. Sense of Congress on priority of fentanyl in National Intelligence Priorities Framework. TITLE V—Matters pertaining to United States economic and emerging technology competition with United States adversaries Subtitle A—General matters Sec. 501. Office of Global Competition Analysis. Sec. 502. Assignment of detailees from intelligence community to Department of Commerce. Sec. 503. Threats posed by information and communications technology and services transactions and other activities. Sec. 504. Revision of regulations defining sensitive national security property for Committee on Foreign Investment in the United States reviews. Sec. 505. Support of intelligence community for export controls and other missions of the Department of Commerce. Sec. 506. Review regarding information collection and analysis with respect to economic competition. Subtitle B—Next-generation energy, biotechnology, and artificial intelligence Sec. 511. Expanded annual assessment of economic and technological capabilities of the People's Republic of China. Sec. 512. Procurement of public utility contracts. Sec. 513. Assessment of using civil nuclear energy for intelligence community capabilities. Sec. 514. Policies established by Director of National Intelligence for artificial intelligence capabilities. Sec. 515. Strategy for submittal of notice by private persons to Federal agencies regarding certain risks and threats relating to artificial intelligence. TITLE VI—Whistleblower matters Sec. 601. Submittal to Congress of complaints and information by whistleblowers in the intelligence community. Sec. 602. Prohibition against disclosure of whistleblower identity as reprisal against whistleblower disclosure by employees and contractors in intelligence community. Sec. 603. Establishing process parity for adverse security clearance and access determinations. Sec. 604. Elimination of cap on compensatory damages for retaliatory revocation of security clearances and access determinations. Sec. 605. Modification and repeal of reporting requirements. TITLE VII—Classification reform Subtitle A—Classification Reform Act of 2023 Chapter 1—Short title; definitions Sec. 701. Short title. Sec. 702. Definitions. Chapter 2—Governance and accountability for reform of the security classification system Sec. 711. Executive Agent for Classification and Declassification. Sec. 712. Executive Committee on Classification and Declassification Programs and Technology. Sec. 713. Advisory bodies for Executive Agent for Classification and Declassification. Sec. 714. Information Security Oversight Office. Chapter 3—Reducing overclassification Sec. 721. Classification and declassification of information. Sec. 722. Declassification working capital funds. Sec. 723. Transparency officers. Chapter 4—Preventing mishandling of classified information Sec. 731. Security review of certain records of the President and Vice President. Sec. 732. Mandatory counterintelligence risk assessments. Sec. 733. Minimum standards for Executive agency insider threat programs. Chapter 5—Other matters Sec. 741. Prohibitions. Sec. 742. Conforming amendment. Sec. 743. Clerical amendment. Subtitle B—Sensible Classification Act of 2023 Sec. 751. Short title. Sec. 752. Definitions. Sec. 753. Findings and sense of the Senate. Sec. 754. Classification authority. Sec. 755. Promoting efficient declassification review. Sec. 756. Training to promote sensible classification. Sec. 757. Improvements to Public Interest Declassification Board. Sec. 758. Implementation of technology for classification and declassification. Sec. 759. Studies and recommendations on necessity of security clearances. TITLE VIII—Security clearance and trusted workforce Sec. 801. Review of shared information technology services for personnel vetting. Sec. 802. Timeliness standard for rendering determinations of trust for personnel vetting. Sec. 803. Annual report on personnel vetting trust determinations. Sec. 804. Survey to assess strengths and weaknesses of Trusted Workforce 2.0. Sec. 805. Prohibition on denial of eligibility for access to classified information solely because of past use of cannabis. TITLE IX—Anomalous health incidents Sec. 901. Improved funding flexibility for payments made by the Central Intelligence Agency for qualifying injuries to the brain. Sec. 902. Clarification of requirements to seek certain benefits relating to injuries to the brain. Sec. 903. Intelligence community implementation of HAVANA Act of 2021 authorities. Sec. 904. Report and briefing on Central Intelligence Agency handling of anomalous health incidents. TITLE X—Election security Sec. 1001. Strengthening Election Cybersecurity to Uphold Respect for Elections through Independent Testing Act of 2023. Sec. 1002. Protecting Ballot Measures from Foreign Influence Act of 2023. TITLE XI—Other matters Sec. 1101. Modification of reporting requirement for All-domain Anomaly Resolution Office. Sec. 1102. Modifications to notification on the provision of defense sensitive support. Sec. 1103. Modification of congressional oversight of special access programs. Sec. 1104. Funding limitations relating to unidentified anomalous phenomena. 2. Definitions In this Act: (1) Congressional intelligence committees The term congressional intelligence committees 50 U.S.C. 3003 (2) Intelligence community The term intelligence community I Intelligence activities 101. Authorization of appropriations Funds are hereby authorized to be appropriated for fiscal year 2024 for the conduct of the intelligence and intelligence-related activities of the Federal Government. 102. Classified Schedule of Authorizations (a) Specifications of amounts The amounts authorized to be appropriated under section 101 for the conduct of the intelligence activities of the Federal Government are those specified in the classified Schedule of Authorizations prepared to accompany this Act. (b) Availability of classified Schedule of Authorizations (1) Availability The classified Schedule of Authorizations referred to in subsection (a) shall be made available to the Committee on Appropriations of the Senate, the Committee on Appropriations of the House of Representatives, and to the President. (2) Distribution by the President Subject to paragraph (3), the President shall provide for suitable distribution of the classified Schedule of Authorizations referred to in subsection (a), or of appropriate portions of such Schedule, within the executive branch of the Federal Government. (3) Limits on disclosure The President shall not publicly disclose the classified Schedule of Authorizations or any portion of such Schedule except— (A) as provided in section 601(a) of the Implementing Recommendations of the 9/11 Commission Act of 2007 ( 50 U.S.C. 3306(a) (B) to the extent necessary to implement the budget; or (C) as otherwise required by law. 103. Intelligence Community Management Account (a) Authorization of appropriations There is authorized to be appropriated for the Intelligence Community Management Account of the Director of National Intelligence for fiscal year 2024 the sum of $658,950,000. (b) Classified authorization of appropriations In addition to amounts authorized to be appropriated for the Intelligence Community Management Account by subsection (a), there are authorized to be appropriated for the Intelligence Community Management Account for fiscal year 2024 such additional amounts as are specified in the classified Schedule of Authorizations referred to in section 102(a). 104. Increase in employee compensation and benefits authorized by law Appropriations authorized by this Act for salary, pay, retirement, and other benefits for Federal employees may be increased by such additional or supplemental amounts as may be necessary for increases in such compensation or benefits authorized by law. II Central Intelligence Agency retirement and disability system 201. Authorization of appropriations There is authorized to be appropriated for the Central Intelligence Agency Retirement and Disability Fund $514,000,000 for fiscal year 2024. III Intelligence community matters A General intelligence community matters 301. Post-graduate employment of Department of Defense Cyber and Digital Service Academy scholarship recipients in intelligence community Section 1535(d) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 ( Public Law 117–263 or of an element of the intelligence community (as that term is defined in section 3 of the National Security Act of 1947 ( 50 U.S.C. 3003 missions of the Department 302. Plan to recruit, train, and retain personnel with experience in financial intelligence and emerging technologies (a) In general Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence, in coordination with the heads of human capital of the Central Intelligence Agency, the National Security Agency, and the Federal Bureau of Investigation, shall submit to the congressional intelligence committees a plan for the intelligence community to recruit, train, and retain personnel who have skills and experience in financial intelligence and emerging technologies in order to improve analytic tradecraft. (b) Elements The plan required by subsection (a) shall include the following elements: (1) An assessment, including measurable benchmarks of progress, of current initiatives of the intelligence community to recruit, train, and retain personnel who have skills and experience in financial intelligence and emerging technologies. (2) An assessment of whether personnel in the intelligence community who have such skills are currently well integrated into the analytical cadre of the relevant elements of the intelligence community that produce analyses with respect to financial intelligence and emerging technologies. (3) An identification of challenges to hiring or compensation in the intelligence community that limit progress toward rapidly increasing the number of personnel with such skills, and an identification of hiring or other reforms to resolve such challenges. (4) A determination of whether the National Intelligence University has the resources and expertise necessary to train existing personnel in financial intelligence and emerging technologies. (5) A strategy, including measurable benchmarks of progress, to, by January 1, 2025, increase by 10 percent the analytical cadre of personnel with expertise and previous employment in financial intelligence and emerging technologies. 303. Policy and performance framework for mobility of intelligence community workforce (a) In general Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence shall develop and implement a policy and performance framework to ensure the timely and effective mobility of employees and contractors of the Federal Government who are transferring employment between elements of the intelligence community. (b) Elements The policy and performance framework required by subsection (a) shall include processes with respect to the following: (1) Human resources. (2) Medical reviews. (3) Determinations of suitability or eligibility for access to classified information in accordance with Executive Order 13467 ( 50 U.S.C. 3161 304. In-State tuition rates for active duty members of the intelligence community (a) In general Section 135(d) of the Higher Education Act of 1965 ( 20 U.S.C. 1015d(d) Public Law 117–81 (1) in paragraph (1), by striking or (2) in paragraph (2), by striking the period at the end and inserting ; or (3) by adding at the end the following new paragraph: (3) a member of the intelligence community (as defined in section 3 of the National Security Act of 1947 ( 50 U.S.C. 3003 . (b) Effective date The amendments made by subsection (a) shall take effect at each public institution of higher education in a State that receives assistance under the Higher Education Act of 1965 ( 20 U.S.C. 1001 et seq. 305. Standards, criteria, and guidance for counterintelligence vulnerability assessments and surveys Section 904(d)(7)(A) of the Counterintelligence Enhancement Act of 2002 ( 50 U.S.C. 3383(d)(7)(A) (A) Counterintelligence vulnerability assessments and surveys To develop standards, criteria, and guidance for counterintelligence risk assessments and surveys of the vulnerability of the United States to intelligence threats, including with respect to critical infrastructure and critical technologies, in order to identify the areas, programs, and activities that require protection from such threats. . 306. Improving administration of certain post-employment restrictions for intelligence community Section 304 of the National Security Act of 1947 ( 50 U.S.C. 3073a (1) in subsection (c)(1)— (A) by striking A former (A) In general A former ; and (B) by adding at the end the following: (B) Prior disclosure to Director of National Intelligence (i) In general In the case of a former employee who occupies a covered post-service position in violation of subsection (a), whether the former employee voluntarily notified the Director of National Intelligence of the intent of the former employee to occupy such covered post-service position before occupying such post-service position may be used in determining whether the violation was knowing and willful for purposes of subparagraph (A). (ii) Procedures and guidance The Director of National Intelligence may establish procedures and guidance relating to the submittal of notice for purposes of clause (i). ; and (2) in subsection (d)— (A) in paragraph (1), by inserting the restrictions under subsection (a) and the report requirements (B) in paragraph (2), by striking ceases to occupy occupies (C) in paragraph (3)(B), by striking before the person ceases to occupy a covered intelligence position when the person occupies a covered intelligence position 307. Mission of the National Counterintelligence and Security Center (a) In general Section 904 of the Counterintelligence Enhancement Act of 2002 ( 50 U.S.C. 3383 (1) by redesignating subsections (d) through (i) as subsections (e) through (j), respectively; and (2) by inserting after subsection (c) the following: (d) Mission The mission of the National Counterintelligence and Security Center shall include organizing and leading strategic planning for counterintelligence activities of the United States Government by integrating instruments of national power as needed to counter foreign intelligence activities. . (b) Conforming amendments (1) Counterintelligence Enhancement Act of 2002 Section 904 of the Counterintelligence Enhancement Act of 2002 ( 50 U.S.C. 3383 (A) in subsection (e), as redesignated by subsection (a)(1), by striking Subject to subsection (e) Subject to subsection (f) (B) in subsection (f), as so redesignated— (i) in paragraph (1), by striking subsection (d)(1) subsection (e)(1) (ii) in paragraph (2), by striking subsection (d)(2) subsection (e)(2) (2) Counterintelligence and Security Enhancements Act of 1994 Section 811(d)(1)(B)(ii) of the Counterintelligence and Security Enhancements Act of 1994 ( 50 U.S.C. 3381(d)(1)(B)(ii) section 904(d)(2) of that Act ( 50 U.S.C. 3383(d)(2) section 904(e)(2) of that Act ( 50 U.S.C. 3383(e)(2) 308. Prohibition relating to transport of individuals detained at United States Naval Station, Guantanamo Bay, Cuba (a) Definition of individual detained at Guantanamo In this section, the term individual detained at Guantanamo Public Law 114–92 10 U.S.C. 801 (b) Prohibition on chartering private or commercial aircraft to transport individuals detained at United States Naval Station, Guantanamo Bay, Cuba No head of an element of the intelligence community may charter any private or commercial aircraft to transport an individual who is or was an individual detained at Guantanamo. 309. Department of Energy review of certain foreign visitors and assignees to National Laboratories (a) Definitions In this section: (1) Appropriate committees of Congress The term appropriate committees of Congress (A) the Select Committee on Intelligence of the Senate; (B) the Committee on Energy and Natural Resources of the Senate; (C) the Permanent Select Committee on Intelligence of the House of Representatives; and (D) the Committee on Energy and Commerce of the House of Representatives. (2) Director The term Director (3) Foreign national The term foreign national alien 8 U.S.C. 1101(a) (4) National Laboratory The term National Laboratory 42 U.S.C. 15801 (5) Sensitive country The term sensitive country (6) Sensitive country national The term sensitive country national (7) Sensitive country visitor or assignee (A) In general The term sensitive country visitor or assignee (B) Associated definitions For purposes of this paragraph: (i) Assignee The term assignee (ii) Visitor The term visitor (b) Recommendations with respect to sensitive country visitors or assignees (1) Notification and recommendation requirement On determination that a proposed sensitive country visitor or assignee poses a counterintelligence risk to a National Laboratory, the Director shall— (A) notify the National Laboratory of the determination; and (B) provide a recommendation to the National Laboratory on whether to grant or deny the proposed sensitive country visitor or assignee access to the premises, information, or technology of the National Laboratory. (2) Prohibition A National Laboratory may not allow a sensitive country visitor or assignee that the Director has identified as a counterintelligence risk under paragraph (1) to have any access to the premises, information, or technology of the National Laboratory until the Director has submitted the notification and recommendation to the National Laboratory as described in paragraph (1). (3) Application to other National Laboratories If the Director makes a recommendation under paragraph (1) that a sensitive country visitor or assignee should not be granted access to the premises, information, or technology of a National Laboratory— (A) the Director shall notify each National Laboratory of that recommendation; and (B) that recommendation shall apply to each National Laboratory with respect to that sensitive country visitor or assignee. (c) Notification to Director (1) In general After receiving a recommendation to deny access under subsection (b)(1)(B), a National Laboratory shall submit to the Director a notification of the decision of the National Laboratory to grant or deny access to the premises, information, or technology of the National Laboratory to the sensitive country visitor or assignee that is the subject of the recommendation. (2) Timing If a National Laboratory decides to grant access to a sensitive country visitor or assignee despite a recommendation to deny access, the notification under paragraph (1) shall be submitted to the Director before the sensitive country visitor or assignee is granted access to the premises, information, or technology of the National Laboratory. (d) Reports to Congress (1) In general The Director shall submit to the appropriate committees of Congress an unclassified quarterly report listing each instance in which a National Laboratory indicates in a notification submitted under subsection (c)(1) that the National Laboratory has decided to grant a sensitive country visitor or assignee access to the premises, information, or technology of the National Laboratory. (2) Requirement Each quarterly report under paragraph (1) shall include the recommendation of the Director under subsection (b)(1)(B) with respect to the applicable sensitive country visitor or assignee. 310. Congressional oversight of intelligence community risk assessments (a) Risk assessment documents and materials Except as provided in subsection (b), whenever an element of the intelligence community conducts a risk assessment arising from the mishandling or improper disclosure of classified information, the Director of National Intelligence shall, not later than 30 days after the date of the commencement of such risk assessment— (1) submit to the congressional intelligence committees copies of such documents and materials as are— (A) within the jurisdiction of such committees; and (B) subject to the risk assessment; and (2) provide such committees a briefing on such documents, materials, and risk assessment. (b) Exception If the Director determines, with respect to a risk assessment described in subsection (a), that the documents and other materials otherwise subject to paragraph (1) of such subsection (a) are of such a volume that submittal pursuant to such paragraph would be impracticable, the Director shall— (1) in lieu of submitting copies of such documents and materials, submit a log of such documents and materials; and (2) pursuant to a request by the Select Committee on Intelligence of the Senate or the Permanent Select Committee on Intelligence of the House of Representatives for a copy of a document or material included in such log, submit to such committee such copy. 311. Inspector General review of dissemination by Federal Bureau of Investigation Richmond, Virginia, field office of certain document (a) Review required Not later than 120 days after the date of the enactment of this Act, the Inspector General of the Department of Justice shall conduct a review of the actions and events, including any underlying policy direction, that served as a basis for the January 23, 2023, dissemination by the field office of the Federal Bureau of Investigation located in Richmond, Virginia, of a document titled Interest of Racially or Ethnically Motivated Violent Extremists in Radical-Traditionalist Catholic Ideology Almost Certainly Presents New Mitigation Opportunities. (b) Submittal to Congress The Inspector General of the Department of Justice shall submit to the congressional intelligence committees the findings of the Inspector General with respect to the review required by subsection (a). 312. Office of Intelligence and Analysis Section 201 of the Homeland Security Act of 2002 ( 6 U.S.C. 121 (h) Prohibition (1) Definition In this subsection, the term United States person (2) Collection of information from United States persons (A) In general Notwithstanding any other provision of law, the Office of Intelligence and Analysis may not engage in the collection of information or intelligence targeting any United States person except as provided in subparagraph (B). (B) Exception Subparagraph (A) shall not apply to any employee, officer, or contractor of the Office of Intelligence and Analysis who is responsible for collecting information from individuals working for a State, local, or Tribal territory government or a private employer. . B Central Intelligence Agency 321. Protection of Central Intelligence Agency facilities and assets from unmanned aircraft The Central Intelligence Agency Act of 1949 ( 50 U.S.C. 3501 et seq. 15A. Protection of certain facilities and assets from unmanned aircraft (a) Definitions In this section: (1) Budget The term budget (2) Congressional intelligence committees The term congressional intelligence committees 50 U.S.C. 3003 (3) Congressional judiciary committees The term congressional judiciary committees (A) the Committee on the Judiciary of the Senate; and (B) the Committee on the Judiciary of the House of Representatives. (4) Congressional transportation and infrastructure committees The term congressional transportation and infrastructure committees (A) the Committee on Commerce, Science, and Transportation of the Senate; and (B) the Committee on Transportation and Infrastructure of the House of Representatives. (5) Covered facility or asset The term covered facility or asset (A) is identified as high risk and a potential target for unlawful unmanned aircraft activity by the Director, in coordination with the Secretary of Transportation, with respect to potentially affected airspace, through a risk-based assessment for purposes of this section; (B) is located in the United States; and (C) directly relates to one or more functions authorized to be performed by the Agency, pursuant to the National Security Act of 1947 ( 50 U.S.C. 3001 et seq. (6) Electronic communication The term electronic communication (7) Intercept The term intercept (8) Radio communication The term radio communication 47 U.S.C. 153 (9) Risk-based assessment The term risk-based assessment (A) Potential effects on safety, efficiency, and use of the national airspace system, including potential effects on manned aircraft and unmanned aircraft systems, aviation safety, airport operations, infrastructure, and air navigation services relating to the use of any system or technology for carrying out the actions described in subsection (c)(1). (B) Options for mitigating any identified effects on the national airspace system relating to the use of any system or technology, including minimizing when possible the use of any system or technology that disrupts the transmission of radio or electronic signals, for carrying out the actions described in subsection (c)(1). (C) Potential consequences of any actions taken under subsection (c)(1) to the national airspace system and infrastructure, if not mitigated. (D) The ability to provide reasonable advance notice to aircraft operators consistent with the safety of the national airspace system and the needs of national security. (E) The setting and character of any covered facility or asset, including whether it is located in a populated area or near other structures, and any potential for interference with wireless communications or for injury or damage to persons or property. (F) Potential consequences to national security if threats posed by unmanned aircraft systems or unmanned aircraft are not mitigated or defeated. (10) Oral communication The term oral communication (11) United States The term United States (12) Unmanned aircraft and unmanned aircraft system The terms unmanned aircraft unmanned aircraft system (13) Wire communication The term wire communication (b) Authority Notwithstanding section 46502 of title 49, United States Code, section 32, 1030, or 1367 of title 18, United States Code, or chapter 119 or 206 of such title, the Director may take, and may authorize personnel of the Agency with assigned duties that include the security or protection of people, facilities, or assets within the United States, to take— (1) such actions described in subsection (c)(1) that are necessary to detect, identify, monitor, track, or mitigate a credible threat (as defined by the Director, in consultation with the Secretary of Transportation) that an unmanned aircraft system or unmanned aircraft poses to the safety or security of a covered facility or asset; and (2) such actions described in subsection (c)(2). (c) Actions (1) Actions described The actions described in this paragraph are the following: (A) During the operation of the unmanned aircraft system, detect, identify, monitor, and track the unmanned aircraft system or unmanned aircraft, without prior consent, including by means of intercept or other access of a wire communication, an oral communication, or an electronic communication used to control the unmanned aircraft system or unmanned aircraft. (B) Warn the operator of the unmanned aircraft system or unmanned aircraft, including by doing so passively or actively, and by direct or indirect physical, electronic, radio, and electromagnetic means. (C) Disrupt control of the unmanned aircraft system or unmanned aircraft, without prior consent, including by disabling the unmanned aircraft system or unmanned aircraft by intercepting, interfering with, or causing interference with wire, oral, electronic, or radio communications used to control the unmanned aircraft system or unmanned aircraft. (D) Seize or exercise control of the unmanned aircraft system or unmanned aircraft. (E) Seize or otherwise confiscate the unmanned aircraft system or unmanned aircraft. (F) Use reasonable force, if necessary, to seize or otherwise disable, damage, or destroy the unmanned aircraft system or unmanned aircraft. (2) Research, testing, training, and evaluation The Director shall conduct research, testing, and training on, and evaluation of, any equipment, including any electronic equipment, to determine the capability and utility of the equipment prior to the use of the equipment for any action described in paragraph (1). Personnel and contractors who do not have duties that include the safety, security, or protection of people, facilities, or assets may engage in research, testing, training, and evaluation activities pursuant to this section. (3) Coordination (A) Secretary of Transportation The Director shall develop the actions described in paragraph (1) in coordination with the Secretary of Transportation. (B) Administrator of Federal Aviation Administration The Director shall coordinate with the Administrator of the Federal Aviation Administration on any action described in paragraphs (1) and (3) so the Administrator may ensure that unmanned aircraft system detection and mitigation systems do not adversely affect or interfere with safe airport operations, navigation, air traffic services, or the safe and efficient operation of the national airspace system. (d) Forfeiture Any unmanned aircraft system or unmanned aircraft described in subsection (b) that is seized by the Director is subject to forfeiture to the United States. (e) Regulations and guidance (1) Issuance The Director and the Secretary of Transportation may each prescribe regulations, and shall each issue guidance, to carry out this section. (2) Coordination (A) Requirement The Director shall coordinate the development of guidance under paragraph (1) with the Secretary of Transportation. (B) Aviation safety The Director shall coordinate with the Secretary of Transportation and the Administrator of the Federal Aviation Administration before issuing any guidance, or otherwise implementing this section, so the Administrator may ensure that unmanned aircraft system detection and mitigation systems do not adversely affect or interfere with safe airport operations, navigation, air traffic services, or the safe and efficient operation of the national airspace system. (f) Privacy protection The regulations prescribed or guidance issued under subsection (e) shall ensure that— (1) the interception or acquisition of, access to, or maintenance or use of, communications to or from an unmanned aircraft system or unmanned aircraft under this section is conducted in a manner consistent with the First and Fourth Amendments to the Constitution of the United States and applicable provisions of Federal law; (2) communications to or from an unmanned aircraft system or unmanned aircraft are intercepted or acquired only to the extent necessary to support an action described in subsection (c); (3) records of such communications are maintained only for as long as necessary, and in no event for more than 180 days, unless the Director determines that maintenance of such records for a longer period is required under Federal law or necessary for the investigation or prosecution of a violation of law, to fulfill a duty, responsibility, or function of the Agency, or for the purpose of any litigation; (4) such communications are not disclosed outside the Agency unless the disclosure— (A) is necessary to investigate or prosecute a violation of law; (B) would support the Agency, the Department of Defense, a Federal law enforcement, intelligence, or security agency, or a State, local, tribal, or territorial law enforcement agency, or other relevant person or entity if such entity or person is engaged in a security or protection operation; (C) is necessary to support a department or agency listed in subparagraph (B) in investigating or prosecuting a violation of law; (D) would support the enforcement activities of a regulatory agency of the Federal Government in connection with a criminal or civil investigation of, or any regulatory, statutory, or other enforcement action relating to, an action described in subsection (c) that is necessary to fulfill a duty, responsibility, or function of the Agency; (E) is necessary to protect against dangerous or unauthorized activity by unmanned aircraft systems or unmanned aircraft; (F) is necessary to fulfill a duty, responsibility, or function of the Agency; or (G) is otherwise required by law. (g) Budget (1) In general The Director shall submit to the congressional intelligence committees, as a part of the budget requests of the Agency for each fiscal year after fiscal year 2024, a consolidated funding display that identifies the funding source for the actions described in subsection (c)(1) within the Agency. (2) Form The funding display shall be in unclassified form, but may contain a classified annex. (h) Semiannual briefings and notifications (1) Briefings Not later than 180 days after the date of the enactment of this section, and semiannually thereafter, the Director shall provide the congressional intelligence committees, the congressional judiciary committees, and the congressional transportation and infrastructure committees a briefing on the activities carried out pursuant to this section during the period covered by the briefing. (2) Requirement Each briefing under paragraph (1) shall be conducted jointly with the Secretary of Transportation. (3) Contents Each briefing under paragraph (1) shall include the following: (A) Policies, programs, and procedures to mitigate or eliminate effects of such activities on the national airspace system and other critical national transportation infrastructure. (B) A description of instances in which actions described in subsection (c)(1) have been taken, including all such instances that may have resulted in harm, damage, or loss to a person or to private property. (C) A description of the guidance, policies, or procedures established to address privacy, civil rights, and civil liberties issues implicated by the actions allowed under this section, as well as any changes or subsequent efforts that would significantly affect privacy, civil rights, or civil liberties. (D) A description of options considered and steps taken to mitigate any identified effects on the national airspace system relating to the use of any system or technology, including the minimization of the use of any technology that disrupts the transmission of radio or electronic signals, for carrying out the actions described in subsection (c)(1). (E) A description of instances in which communications intercepted or acquired during the course of operations of an unmanned aircraft system or unmanned aircraft were maintained for more than 180 days or disclosed outside the Agency. (F) How the Director and the Secretary of Transportation have informed the public as to the possible use of authorities under this section. (G) How the Director and the Secretary of Transportation have engaged with Federal, State, local, territorial, or tribal law enforcement agencies to implement and use such authorities. (H) An assessment of whether any gaps or insufficiencies remain in laws, regulations, and policies that impede the ability of the Agency to counter the threat posed by the malicious use of unmanned aircraft systems or unmanned aircraft, and any recommendations to remedy such gaps or insufficiencies. (4) Form Each briefing under paragraph (1) shall be in unclassified form, but may be accompanied by an additional classified report. (5) Notifications (A) Covered facilities and assets Not later than 30 days before exercising any authority under this section at a covered facility or asset for the first time doing so at such covered facility or asset, the Director shall submit to the congressional intelligence committees— (i) notice that the Director intends to exercise authority under this section at such covered facility or asset; and (ii) a list of every covered facility and asset. (B) Deployment of new technologies (i) In general Not later than 30 days after deploying any new technology to carry out the actions described in subsection (c)(1), the Director shall submit to the congressional intelligence committees a notification of the use of such technology. (ii) Contents Each notice submitted pursuant to clause (i) shall include a description of options considered to mitigate any identified effects on the national airspace system relating to the use of any system or technology, including the minimization of the use of any technology that disrupts the transmission of radio or electronic signals, for carrying out the actions described in subsection (c)(1). (i) Rule of construction Nothing in this section may be construed— (1) to vest in the Director any authority of the Secretary of Transportation or the Administrator of the Federal Aviation Administration; or (2) to vest in the Secretary of Transportation or the Administrator of the Federal Aviation Administration any authority of the Director. (j) Scope of authority Nothing in this section shall be construed to provide the Director or the Secretary of Transportation with additional authorities beyond those described in subsections (b) and (d). (k) Termination (1) In general The authority to carry out this section with respect to the actions specified in subparagraphs (B) through (F) of subsection (c)(1) shall terminate on the date that is 10 years after the date of enactment of the Intelligence Authorization Act for Fiscal Year 2024 (2) Extension The President may extend by 1 year the termination date specified in paragraph (1) if, before termination, the President certifies to Congress that such extension is in the national security interests of the United States. . 322. Change to penalties and increased availability of mental health treatment for unlawful conduct on Central Intelligence Agency installations Section 15(b) of the Central Intelligence Agency Act of 1949 ( 50 U.S.C. 3515(b) those specified in section 1315(c)(2) of title 40, United States Code the maximum penalty authorized for a Class B misdemeanor under section 3559 of title 18, United States Code 323. Modifications to procurement authorities of the Central Intelligence Agency Section 3 of the Central Intelligence Agency Act of 1949 ( 50 U.S.C. 3503 (1) in subsection (a), by striking sections session) sections 3201, 3203, 3204, 3206, 3207, 3302 through 3306, 3321 through 3323, 3801 through 3808, 3069, 3134, 3841, and 4752 of title 10, United States Code (2) in subsection (d), by striking in paragraphs 1947 in sections 3201 through 3204 of title 10, United States Code, shall not be delegable. Each determination or decision required by sections 3201 through 3204, 3321 through 3323, and 3841 of title 10, United States Code 324. Establishment of Central Intelligence Agency standard workplace sexual misconduct complaint investigation procedure (a) Workplace sexual misconduct defined The term workplace sexual misconduct (1) means unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when— (A) submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment; (B) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or (C) such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment; and (2) includes sexual harassment and sexual assault. (b) Standard complaint investigation procedure Not later than 90 days after the date of the enactment of this Act, the Director of the Central Intelligence Agency shall— (1) establish a standard workplace sexual misconduct complaint investigation procedure; (2) implement the standard workplace sexual misconduct complaint investigation procedure through clear workforce communication and education on the procedure; and (3) submit the standard workplace sexual misconduct complaint investigation procedure to the congressional intelligence committees. (c) Minimum requirements The procedure established pursuant to subsection (b)(1) shall, at a minimum— (1) identify the individuals and offices of the Central Intelligence Agency to which an employee of the Agency may bring a complaint of workplace sexual misconduct; (2) detail the steps each individual or office identified pursuant to paragraph (1) shall take upon receipt of a complaint of workplace sexual misconduct and the timeframes within which those steps shall be taken, including— (A) documentation of the complaint; (B) referral or notification to another individual or office; (C) measures to document or preserve witness statements or other evidence; and (D) preliminary investigation of the complaint; (3) set forth standard criteria for determining whether a complaint of workplace sexual misconduct will be referred to law enforcement and the timeframe within which such a referral shall occur; and (4) for any complaint not referred to law enforcement, set forth standard criteria for determining— (A) whether a complaint has been substantiated; and (B) for any substantiated complaint, the appropriate disciplinary action. (d) Annual reports On or before April 30 of each year, the Director shall submit to the congressional intelligence committees an annual report that includes, for the preceding calendar year, the following: (1) The number of workplace sexual misconduct complaints brought to each individual or office of the Central Intelligence Agency identified pursuant to subsection (c)(1), disaggregated by— (A) complaints referred to law enforcement; and (B) complaints substantiated. (2) For each complaint described in paragraph (1) that is substantiated, a description of the disciplinary action taken by the Director. 325. Pay cap for diversity, equity, and inclusion staff and contract employees of the Central Intelligence Agency (a) In general Notwithstanding any other provision of law— (1) the annual rate of basic pay for a staff employee of the Central Intelligence Agency with the duties described in subsection (b) shall not exceed the annual rate of basic pay for an officer of the Directorate of Operations in the Clandestine Service Trainee program of the Agency; and (2) the Director of the Central Intelligence Agency shall ensure that no contract employee performing duties described in subsection (b) under an Agency contract receives an annual amount for performing such duties that exceeds the annual rate of basic pay described in paragraph (1). (b) Duties described The duties described in this subsection are as follows: (1) Developing, refining, and implementing diversity, equity, and inclusion policy. (2) Leading working groups and councils to develop diversity, equity, and inclusion goals and objectives to measure performance and outcomes. (3) Creating and implementing diversity, equity, and inclusion education, training courses, and workshops for staff and contract employees. (c) Applicability to current employees (1) Staff employees Any staff employee of the Central Intelligence Agency in a position with duties described in subsection (b) receiving an annual rate of basic pay as of the date of the enactment of this Act that exceeds the rate allowed under subsection (a) shall be reassigned to another position not later than 180 days after such date. (2) Contract employees Any contract employee of the Central Intelligence Agency performing duties described in subsection (b) receiving an annual amount under an Agency contract for performing such duties as of the date of the enactment of this Act that exceeds the rate allowed under subsection (b) shall be reassigned to another position not later than 180 days after such date. IV Matters concerning foreign countries A People’s Republic of China 401. Intelligence community coordinator for accountability of atrocities of the People's Republic of China (a) Definitions In this section: (1) Appropriate committees of Congress The term appropriate committees of Congress (A) the congressional intelligence committees; (B) the Committee on Foreign Relations and the Subcommittee on Defense of the Committee on Appropriations of the Senate; and (C) the Committee on Foreign Affairs and the Subcommittee on Defense of the Committee on Appropriations of the House of Representatives. (2) Atrocity The term atrocity (A) means a crime against humanity, genocide, or a war crime; and (B) when used with respect to the People's Republic of China, means an atrocity that is committed by an individual who is— (i) a member of People’s Liberation Army, or the security or other defense services, including the Ministry of State Security, the Ministry of Public Security, and the United Front Work Department, of the People's Republic of China; (ii) an employee of any other element of the Government of the People's Republic of China, including the regional governments of Xinjiang, Tibet, and Hong Kong; (iii) a member of the Chinese Communist Party; or (iv) an agent or contractor of an individual specified in subparagraph (A), (B), or (C). (3) Commit The term commit (4) Foreign person The term foreign person (A) any person or entity that is not a United States person; or (B) any entity not organized under the laws of the United States or of any jurisdiction within the United States. (5) United states person The term United States person 50 U.S.C. 3039 (b) Intelligence community coordinator for accountability of atrocities of the People's Republic of China (1) Designation Not later than 90 days after the date of the enactment of this Act, the Director of National Intelligence shall designate a senior official of the Office of the Director of National Intelligence to serve as the intelligence community coordinator for accountability of atrocities of the People's Republic of China (in this section referred to as the Coordinator (2) Duties The Coordinator shall lead the efforts of and coordinate and collaborate with the intelligence community with respect to the following: (A) Identifying and addressing any gaps in intelligence collection relating to atrocities of the People's Republic of China, including by recommending the modification of the priorities of the intelligence community with respect to intelligence collection and by utilizing informal processes and collaborative mechanisms with key elements of the intelligence community to increase collection on atrocities of the People's Republic of China. (B) Prioritizing and expanding the intelligence analysis with respect to ongoing atrocities of the People's Republic of China and disseminating within the United States Government intelligence relating to the identification and activities of foreign persons suspected of being involved with or providing support to atrocities of the People's Republic of China, including genocide and forced labor practices in Xinjiang, in order to support the efforts of other Federal agencies, including the Department of State, the Department of the Treasury, the Office of Foreign Assets Control, the Department of Commerce, the Bureau of Industry and Security, U.S. Customs and Border Protection, and the National Security Council, to hold the People's Republic of China accountable for such atrocities. (C) Increasing efforts to declassify and share with the people of the United States and the international community information regarding atrocities of the People's Republic of China in order to expose such atrocities and counter the disinformation and misinformation campaign by the People's Republic of China to deny such atrocities. (D) Documenting and storing intelligence and other unclassified information that may be relevant to preserve as evidence of atrocities of the People's Republic of China for future accountability, and ensuring that other relevant Federal agencies, including the Atrocities Early Warning Task Force, receive appropriate support from the intelligence community with respect to the collection, analysis, preservation, and, as appropriate, dissemination, of intelligence related to atrocities of the People's Republic of China, which may include the information from the annual report required by section 6504 of the Intelligence Authorization Act for Fiscal Year 2023 ( Public Law 117–263 (E) Sharing information with the Forced Labor Enforcement Task Force, established under section 741 of the United States-Mexico-Canada Agreement Implementation Act ( 19 U.S.C. 4681 (3) Plan required Not later than 120 days after the date of the enactment of this Act, the Director shall submit to the appropriate committees of Congress— (A) the name of the official designated as the Coordinator pursuant to paragraph (1); and (B) the strategy of the intelligence community for the collection and dissemination of intelligence relating to ongoing atrocities of the People's Republic of China, including a detailed description of how the Coordinator shall support, and assist in facilitating the implementation of, such strategy. (4) Annual report to Congress (A) Reports required Not later than May 1, 2024, and annually thereafter until May 1, 2034, the Director shall submit to the appropriate committees of Congress a report detailing, for the year covered by the report— (i) the analytical findings, changes in collection, and other activities of the intelligence community with respect to ongoing atrocities of the People's Republic of China; (ii) the recipients of information shared pursuant to this section for the purpose of— (I) providing support to Federal agencies to hold the People's Republic of China accountable for such atrocities; and (II) sharing information with the people of the United States to counter the disinformation and misinformation campaign by the People's Republic of China to deny such atrocities; and (iii) with respect to clause (ii), the date of any such sharing. (B) Form Each report submitted under subparagraph (A) may be submitted in classified form, consistent with the protection of intelligence sources and methods. (c) Sunset This section shall cease to have effect on the date that is 10 years after the date of the enactment of this Act. 402. Interagency working group and report on the malign efforts of the People's Republic of China in Africa (a) Establishment (1) In general The Director of National Intelligence, in consultation with such heads of elements of the intelligence community as the Director considers appropriate, shall establish an interagency working group within the intelligence community to analyze the tactics and capabilities of the People’s Republic of China in Africa. (2) Establishment flexibility The working group established under paragraph (1) may be— (A) independently established; or (B) to avoid redundancy, incorporated into existing working groups or cross-intelligence efforts within the intelligence community. (b) Report (1) In general Not later than 120 days after the date of the enactment of this Act, and twice annually thereafter, the working group established under subsection (a) shall submit to the congressional intelligence committees a report on the specific tactics and capabilities of the People’s Republic of China in Africa. (2) Elements Each report required by paragraph (1) shall include the following elements: (A) An assessment of efforts by the Government of the People's Republic of China to exploit mining and reprocessing operations in Africa. (B) An assessment of efforts by the Government of the People's Republic of China to provide or fund technologies in Africa, including— (i) telecommunications and energy technologies, such as advanced reactors, transportation, and other commercial products; and (ii) by requiring that the People's Republic of China be the sole provider of such technologies. (C) An assessment of efforts by the Government of the People's Republic of China to expand intelligence capabilities in Africa. (D) A description of actions taken by the intelligence community to counter such efforts. (E) An assessment of additional resources needed by the intelligence community to better counter such efforts. (3) Form Each report required by paragraph (1) shall be submitted in unclassified form, but may include a classified annex if necessary. (c) Sunset The requirements of this section shall terminate on the date that is 5 years after the date of the enactment of this Act. 403. Amendment to requirement for annual assessment by intelligence community working group for monitoring the economic and technological capabilities of the People's Republic of China Section 6503(c)(3)(D) of the Intelligence Authorization Act for Fiscal Year 2023 (division F of Public Law 117–263 the top 200 all the known 404. Assessments of reciprocity in the relationship between the United States and the People’s Republic of China (a) In general Not later than 1 year after the date of the enactment of this Act, the Assistant Secretary of State for Intelligence and Research, in consultation with the Director of National Intelligence and such other heads of elements of the intelligence community as the Assistant Secretary considers relevant, shall submit to the congressional intelligence committees the following: (1) A comprehensive assessment that identifies critical areas in the security, diplomatic, economic, financial, technological, scientific, commercial, academic, and cultural spheres in which the United States does not enjoy a reciprocal relationship with the People's Republic of China. (2) A comprehensive assessment that describes how the lack of reciprocity between the People's Republic of China and the United States in the areas identified in the assessment required by paragraph (1) provides advantages to the People's Republic of China. (b) Form of assessments (1) Critical areas The assessment required by subsection (a)(1) shall be submitted in unclassified form. (2) Advantages The assessment required by subsection (a)(2) shall be submitted in classified form. 405. Annual briefing on intelligence community efforts to identify and mitigate Chinese Communist Party political influence operations and information warfare against the United States (a) Definitions In this section: (1) Chinese entities engaged in political influence operations and information warfare The term Chinese entities engaged in political influence operations and information warfare (A) the Ministry of State Security; (B) the intelligence services of the People’s Republic of China; (C) the United Front Work Department and other united front organs; (D) state-controlled media systems, such as the China Global Television Network (CGTN); and (E) any entity involved in information warfare operations by demonstrably and intentionally disseminating false information and propaganda of the Government of the People’s Republic of China or the Chinese Communist Party. (2) Political influence operation The term political influence operation (A) to coerce and corrupt United States interests, values, institutions, or individuals; and (B) to foster attitudes, behavior, decisions, or outcomes in the United States that support the interests of the Government of the People’s Republic of China or the Chinese Communist Party. (b) Briefing required Not later than 120 days after the date of the enactment of this Act and annually thereafter until the date that is 5 years after the date of the enactment of this Act, the Director of the Foreign Malign Influence Center shall, in collaboration with the heads of the elements of the intelligence community, provide the congressional intelligence committees a classified briefing on the ways in which the relevant elements of the intelligence community are working internally and coordinating across the intelligence community to identify and mitigate the actions of Chinese entities engaged in political influence operations and information warfare against the United States, including against United States persons. (c) Elements The classified briefing required by subsection (b) shall cover the following: (1) The Government of the People’s Republic of China and the Chinese Communist Party tactics, tools, and entities that spread disinformation, misinformation, and malign information and conduct influence operations, information campaigns, or other propaganda efforts. (2) The actions of the Foreign Malign Influence Center relating to early-warning, information sharing, and proactive risk mitigation systems, based on the list of entities identified in subsection (a)(1), to detect, expose, deter, and counter political influence operations of, and information warfare waged by, the Government of the People’s Republic of China or the Chinese Communist Party, against the United States. (3) The actions of the Foreign Malign Influence Center to conduct outreach to identify and counter tactics, tools, and entities described in paragraph (1) by sharing information with allies and partners of the United States, State and local governments, the business community, and civil society that exposes the political influence operations and information operations of the Government of the People’s Republic of China or the Chinese Communist Party carried out against individuals and entities in the United States. 406. Assessment of threat posed to United States ports by cranes manufactured by countries of concern (a) Definition of country of concern In this section, the term country of concern 22 U.S.C. 2651a(m)(1) (b) Assessment The Director of National Intelligence, in coordination with such other heads of the elements of the intelligence community as the Director considers appropriate and the Secretary of Defense, shall conduct an assessment of the threat posed to United States ports by cranes manufactured by countries of concern and commercial entities of those countries, including the Shanghai Zhenhua Heavy Industries Co. (ZPMC). (c) Report and briefing (1) In general Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence shall submit a report and provide a briefing to Congress on the findings of the assessment required by subsection (b). (2) Elements The report and briefing required by paragraph (1) shall outline the potential for the cranes described in subsection (b) to collect intelligence, disrupt operations at United States ports, and impact the national security of the United States. (3) Form of report The report required by paragraph (1) shall be submitted in unclassified form, but may include a classified annex. B Russian Federation 411. Assessment of lessons learned by intelligence community with respect to conflict in Ukraine (a) In general Not later than 180 days after the date of the enactment of this Act and semiannually thereafter for 3 years, the Director of National Intelligence shall produce and submit to the congressional intelligence committees an assessment of the lessons learned by the intelligence community with respect to the ongoing war in Ukraine, particularly in regards to the quality and timeliness of the information and intelligence support provided by the United States to Ukraine. (b) Form The assessment submitted pursuant to subsection (a) shall be submitted in unclassified form, but may include a classified annex. 412. National intelligence estimate on long-term confrontation with Russia (a) National intelligence estimate required Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence shall produce and submit to the congressional intelligence committees a national intelligence estimate on the implications of the ongoing war in Ukraine with respect to a long-term United States and North Atlantic Treaty Organization confrontation with Russia, including the continued threat to the United States, the North Atlantic Treaty Organization, and other allies of the United States from the conventional and strategic military forces, the intelligence activities, and the malign influence campaigns of Russia. (b) Elements The national intelligence estimate produced pursuant to subsection (a) shall include the following: (1) An assessment of the efficacy of the sanctions regime in effect on the day before the date of the enactment of this Act that is imposed upon Russia as a result of its illegal and unjustified invasion of Ukraine, including— (A) the effect that such sanctions have had on the economy of Russia, the defense industrial base of Russia, and the ability of Russia to maintain its war on Ukraine; and (B) the expected effect such sanctions would have on a potential long-term confrontation between Russia and the members of the North Atlantic Treaty Organization and other allies of the United States. (2) An updated assessment of the convergence of interests between Russia and China, an assessment of the assistance that China is providing to Russia’s economy and war effort, and an assessment of other collaboration between the two countries. (3) An assessment of potential friction points between China and Russia. (4) An assessment of assistance and potential assistance from other countries to Russia, including assistance from Iran and North Korea. (5) An assessment of other significant countries that have not joined the sanctions regime against Russia, why they have not done so, and what might induce them to change this policy. (c) Form The national intelligence estimate submitted pursuant to subsection (a) shall be submitted in unclassified form, but may include a classified annex. C Other foreign countries 421. Report on efforts to capture and detain United States citizens as hostages (a) In general Not later than 120 days after the date of the enactment of this Act, the Director of National Intelligence shall submit to the congressional intelligence committees a report on efforts by the Maduro regime in Venezuela to detain United States citizens and lawful permanent residents. (b) Elements The report required by subsection (a) shall include, regarding the arrest, capture, detainment, or imprisonment of United States citizens and lawful permanent residents, the following: (1) The names, positions, and institutional affiliation of Venezuelan individuals, or those acting on their behalf, who have engaged in such activities. (2) A description of any role played by transnational criminal organizations, and an identification of such organizations. (3) Where relevant, an assessment of whether and how United States citizens and lawful permanent residents have been lured to Venezuela. (4) An analysis of the motive for the arrest, capture, detainment, or imprisonment of United States citizens and lawful permanent residents. (5) The total number of United States citizens and lawful permanent residents detained or imprisoned in Venezuela as of the date on which the report is submitted. (c) Form The report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex. 422. Sense of Congress on priority of fentanyl in National Intelligence Priorities Framework It is the sense of Congress that the trafficking of illicit fentanyl, including precursor chemicals and manufacturing equipment associated with illicit fentanyl production and organizations that traffic or finance the trafficking of illicit fentanyl, originating from the People's Republic of China and Mexico should be among the highest priorities in the National Intelligence Priorities Framework of the Office of the Director of National Intelligence. V Matters pertaining to United States economic and emerging technology competition with United States adversaries A General matters 501. Office of Global Competition Analysis (a) Definitions In this section: (1) Executive agency The term Executive agency (2) Office The term Office (b) Establishment (1) In general The President shall establish an office for analysis of global competition. (2) Purposes The purposes of the Office are as follows: (A) To carry out a program of analysis relevant to United States leadership in science, technology, and innovation sectors critical to national security and economic prosperity relative to other countries, particularly those countries that are strategic competitors of the United States. (B) To support policy development and decision making across the Federal Government to ensure United States leadership in science, technology, and innovation sectors critical to national security and economic prosperity relative to other countries, particularly those countries that are strategic competitors of the United States. (3) Designation The office established under paragraph (1) shall be known as the Office of Global Competition Analysis (c) Activities In accordance with the priorities determined under subsection (d), the Office shall— (1) subject to subsection (f), acquire, access, use, and handle data or other information relating to the purposes of the Office under subsection (b); (2) conduct long- and short-term analyses regarding— (A) United States policies that enable technological competitiveness relative to those of other countries, particularly with respect to countries that are strategic competitors of the United States; (B) United States science and technology ecosystem elements, including regional and national research development and capacity, technology innovation, and science and engineering education and research workforce, relative to those of other countries, particularly with respect to countries that are strategic competitors of the United States; (C) United States technology development, commercialization, and advanced manufacturing ecosystem elements, including supply chain resiliency, scale-up manufacturing testbeds, access to venture capital and financing, technical and entrepreneurial workforce, and production, relative to those of other countries, particularly with respect to countries that are strategic competitors of the United States; (D) United States competitiveness in technology and innovation sectors critical to national security and economic prosperity relative to other countries, including the availability and scalability of United States technology in such sectors abroad, particularly with respect to countries that are strategic competitors of the United States; (E) trends and trajectories, including rate of change in technologies, related to technology and innovation sectors critical to national security and economic prosperity; (F) threats to United States national security interests as a result of any foreign country’s dependence on technologies of strategic competitors of the United States; and (G) threats to United States interests based on dependencies on foreign technologies critical to national security and economic prosperity; (3) solicit input on technology and economic trends, data, and metrics from relevant private sector stakeholders, including entities involved in financing technology development and commercialization, and engage with academia to inform the analyses under paragraph (2); and (4) to the greatest extent practicable and as may be appropriate, ensure that versions of the analyses under paragraph (2) are unclassified and available to relevant Federal agencies and offices. (d) Determination of priorities On a periodic basis, the Director of the Office of Science and Technology Policy, the Assistant to the President for Economic Policy, and the Assistant to the President for National Security Affairs shall, in coordination with such heads of Executive agencies as the Director of the Office of Science and Technology Policy and such Assistants jointly consider appropriate, jointly determine the priorities of the Office with respect to subsection (b)(2)(A), considering, as may be appropriate, the strategies and reports under subtitle B of title VI of the Research and Development, Competition, and Innovation Act ( Public Law 117–167 (e) Administration Subject to the availability of appropriations, to carry out the purposes set forth under subsection (b)(2), the Office shall enter into an agreement with a federally funded research and development center, a university-affiliated research center, or a consortium of federally funded research and development centers and university-affiliated research centers. (f) Acquisition, access, use, and handling of data or information In carrying out the activities under subsection (c), the Office— (1) shall acquire, access, use, and handle data or information in a manner consistent with applicable provisions of law and policy, including laws and policies providing for the protection of privacy and civil liberties, and subject to any restrictions required by the source of the information; (2) shall have access, upon written request, to all information, data, or reports of any Executive agency that the Office determines necessary to carry out the activities under subsection (c), provided that such access is— (A) conducted in a manner consistent with applicable provisions of law and policy of the originating agency, including laws and policies providing for the protection of privacy and civil liberties; and (B) consistent with due regard for the protection from unauthorized disclosure of classified information relating to sensitive intelligence sources and methods or other exceptionally sensitive matters; and (3) may obtain commercially available information that may not be publicly available. (g) Detailee support Consistent with applicable law, including sections 1341, 1517, and 1535 of title 31, United States Code, and section 112 of title 3, United States Code, the head of a department or agency within the executive branch of the Federal Government may detail personnel to the Office in order to assist the Office in carrying out any activity under subsection (c), consistent with the priorities determined under subsection (d). (h) Annual report Not less frequently than once each year, the Office shall submit to Congress a report on the activities of the Office under this section, including a description of the priorities under subsection (d) and any support, disaggregated by Executive agency, provided to the Office consistent with subsection (g) in order to advance those priorities. (i) Plans Before establishing the Office under subsection (b)(1), the President shall submit to the appropriate committees of Congress a report detailing plans for— (1) the administrative structure of the Office, including— (A) a detailed spending plan that includes administrative costs; and (B) a disaggregation of costs associated with carrying out subsection (e); (2) ensuring consistent and sufficient funding for the Office; and (3) coordination between the Office and relevant Executive agencies and offices. (j) Authorization of appropriations There is authorized to be appropriated to carry out this section $20,000,000 for fiscal year 2024. (k) Funding This section shall be carried out using amounts appropriated on or after the date of the enactment of this Act. 502. Assignment of detailees from intelligence community to Department of Commerce (a) Authority In order to better facilitate the sharing of actionable intelligence on foreign adversary intent, capabilities, threats, and operations that pose a threat to the interests or security of the United States, particularly as they relate to the procurement, development, and use of dual-use and emerging technologies, the Director of National Intelligence may assign or facilitate the assignment of members from across the intelligence community to serve as detailees to the Bureau of Industry and Security of the Department of Commerce. (b) Assignment Detailees assigned pursuant to subsection (a) shall be drawn from such elements of the intelligence community as the Director considers appropriate, in consultation with the Secretary of Commerce. (c) Expertise The Director shall ensure that detailees assigned pursuant to subsection (a) have subject matter expertise on countries of concern, including China, Iran, North Korea, and Russia, as well as functional areas such as illicit procurement, counterproliferation, emerging and foundational technology, economic and financial intelligence, information and communications technology systems, supply chain vulnerability, and counterintelligence. (d) Duty credit The detail of an employee of the intelligence community to the Department of Commerce under subsection (a) shall be without interruption or loss of civil service status or privilege. 503. Threats posed by information and communications technology and services transactions and other activities (a) Definitions In this section: (1) Covered transaction The term covered transaction (2) Emerging and foundational technologies The term emerging and foundational technologies 50 U.S.C. 4817(a)(1) (3) Executive Order 13873 The term Executive Order 13873 (4) Executive Order 13984 The term Executive Order 13984 (5) Executive Order 14034 The term Executive Order 14034 (6) Significant transaction The term significant transaction (A) involves emerging or foundational technologies; (B) poses an undue or unacceptable risk to national security; and (C) involves— (i) an individual who acts as an agent, representative, or employee, or any individual who acts in any other capacity at the order, request, or under the direction or control, of a foreign adversary or of an individual whose activities are directly or indirectly supervised, directed, controlled, financed, or subsidized in whole or in majority part by a foreign adversary; (ii) any individual, wherever located, who is a citizen or resident of a nation-state controlled by a foreign adversary; (iii) any corporation, partnership, association, or other organization organized under the laws of a nation-state controlled by a foreign adversary; or (iv) any corporation, partnership, association, or other organization, wherever organized or doing business, that is owned or controlled by a foreign adversary. (b) Threat assessment by Director of National Intelligence (1) In general The Director of National Intelligence shall expeditiously carry out a threat assessment of each significant transaction. (2) Identification of gaps Each assessment required by paragraph (1) shall include the identification of any recognized gaps in the collection of intelligence relevant to the assessment. (3) Views of intelligence community The Director of National Intelligence shall seek and incorporate into each assessment required by paragraph (1) the views of all affected or appropriate elements of the intelligence community with respect to the significant transaction or class of significant transactions. (4) Provision of assessment The Director of National Intelligence shall provide an assessment required by paragraph (1) to such agency heads and committees of Congress as the Director considers appropriate, as necessary, to implement Executive Order 13873, Executive Order 13984, Executive Order 14034, or any successor order. (c) Interaction with intelligence community (1) In general The Director of National Intelligence shall ensure that the intelligence community remains engaged in the collection, analysis, and dissemination to such agency heads as the Director considers appropriate of any additional relevant information that may become available during the course of any investigation or review process conducted under authority established under Executive Order 13873, Executive Order 13984, Executive Order 14034, or any successor order. (2) Elements The collection, analysis, and dissemination of information described in paragraph (1) shall include routine assessments of the following: (A) The intent, capability, and operations of foreign adversaries as related to a significant transaction or class of significant transactions. (B) Supply chains and procurement networks associated with the procurement of emerging and foundational technologies by foreign adversaries. (C) Emerging and foundational technologies pursued by foreign adversaries, including information on prioritization, spending, and technology transfer measures. (D) The intent, capability, and operations of the use by malicious cyber actors of infrastructure as a service (IaaS) against the United States. (E) The impact on the intelligence community of a significant transaction or class of significant transactions. (d) Information in civil actions (1) Protected information in civil actions If a civil action challenging an action or finding under Executive Order 13873, Executive Order 13984, Executive Order 14034, or any successor order is brought, and the court determines that protected information in the administrative record relating to the action or finding, including classified or other information subject to privilege or protections under any provision of law, is necessary to resolve the action, that information shall be submitted ex parte and in camera to the court and the court shall maintain that information under seal. This paragraph does not confer or imply any right to judicial review. (2) Nonapplicability of use of information provisions The use of information provisions of sections 106, 305, 405, and 706 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1806 (e) Rule of construction concerning right to access No provision of this section may be construed to create a right to obtain access to information in the possession of the Federal Government that was considered by the Secretary of Commerce under authority established under Executive Order 13873, Executive Order 13984, Executive Order 14034, or any successor order, including any classified information or sensitive but unclassified information. (f) Administrative record The following information may be included in the administrative record relating to an action or finding described in subsection (d)(1) and shall be submitted only to the court ex parte and in camera: (1) Sensitive security information, as defined in section 1520.5 of title 49, Code of Federal Regulations. (2) Privileged law enforcement information. (3) Information obtained or derived from any activity authorized under the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1801 et seq. 50 U.S.C. 1806 50 U.S.C. 1825 50 U.S.C. 1845 50 U.S.C. 1881e (4) Information subject to privilege or protection under any other provision of law, including the Currency and Foreign Transactions Reporting Act of 1970 ( 31 U.S.C. 5311 et seq. (g) Treatment consistent with section Any information that is part of the administrative record filed ex parte and in camera under subsection (d)(1), or cited by the court in any decision in a civil action described in such subsection, shall be treated by the court consistent with the provisions of this section. In no event shall such information be released to the petitioner or as part of the public record. (h) Inapplicability of Freedom of Information Act Any information submitted to the Federal Government by a party to a covered transaction in accordance with this section, as well as any information the Federal Government may create relating to review of the covered transaction, is exempt from disclosure under section 552 of title 5, United States Code (commonly referred to as the Freedom of Information Act 504. Revision of regulations defining sensitive national security property for Committee on Foreign Investment in the United States reviews Not later than 180 days after the date of the enactment of this Act, the Secretary of the Treasury shall revise section 802.211 of title 31, Code of Federal Regulations, to expand the definition of covered real estate 42 U.S.C. 15801 505. Support of intelligence community for export controls and other missions of the Department of Commerce (a) Definitions In this section: (1) Emerging and foundational technologies The term emerging and foundational technologies 50 U.S.C. 4817(a)(1) (2) Foreign adversary The term foreign adversary (b) Collection, analysis, and dissemination required (1) In general The Director of National Intelligence— (A) is authorized to collect, retain, analyze, and disseminate information or intelligence necessary to support the missions of the Department of Commerce, including with respect to the administration of export controls pursuant to the Export Control Reform Act of 2018 ( 50 U.S.C. 4801 et seq. (B) shall, through regular consultation with the Secretary of Commerce, ensure that the intelligence community is engaged in such collection, retention, analysis, and dissemination. (2) Information to be collected, analyzed, and disseminated The information to be collected, analyzed, and disseminated under subsection (a) shall include information relating to the following: (A) The intent, capability, and operations of foreign adversaries with respect to items under consideration to be controlled pursuant to the authority provided by part I of the Export Control Reform Act of 2018 ( 50 U.S.C. 4811 et seq. (B) Attempts by foreign adversaries to circumvent controls on items imposed pursuant to that part. (C) Supply chains and procurement networks associated with procurement and development of emerging and foundational technologies by foreign adversaries. (D) Emerging and foundational technologies pursued by foreign adversaries, including relevant information on prioritization, spending, and technology transfer measures with respect to such technologies. (E) The scope and application of the export control systems of foreign countries, including decisions with respect to individual export transactions. (F) Corporate and contractual relationships, ownership, and other equity interests, including monetary capital contributions, corporate investments, and joint ventures, resulting in end uses of items that threaten the national security and foreign policy interests of the United States, as described in the policy set forth in section 1752 of the Export Control Reform Act of 2018 ( 50 U.S.C. 4811 (G) The effect of export controls imposed pursuant to part I of that Act ( 50 U.S.C. 4811 et seq. (i) the effect of actions taken and planned to be taken by the Secretary of Commerce under the authority provided by that part; and (ii) the effectiveness of such actions in achieving the national security and foreign policy objectives of such actions. (c) Provision of analysis to Department of Commerce Upon the request of the Secretary of Commerce, the Director of National Intelligence shall expeditiously— (1) carry out analysis of any matter relating to the national security of the United States that is relevant to a mission of the Department of Commerce; and (2) consistent with the protection of sources and methods, make such analysis available to the Secretary and such individuals as the Secretary may designate to receive such analysis. (d) Identification of single office to support missions of Department of Commerce The Director of National Intelligence shall identify a single office within the intelligence community to be responsible for supporting the missions of the Department of Commerce. (e) Treatment of classified and sensitive information (1) In general A civil action challenging an action or finding of the Secretary of Commerce made on the basis of any classified or sensitive information made available to officials of the Department of Commerce pursuant to this section may be brought only in the United States Court of Appeals for the District of Columbia Circuit. (2) Consideration and treatment in civil actions If a civil action described in paragraph (1) is brought, and the court determines that protected information in the administrative record, including classified or other information subject to privilege or protections under any provision of law, is necessary to resolve the civil action, that information shall be submitted ex parte and in camera to the court and the court shall maintain that information under seal. This paragraph does not confer or imply any right to judicial review. (3) Administrative record (A) In general The following information may be included in the administrative record relating to an action or finding described in paragraph (1) and shall be submitted only to the court ex parte and in camera: (i) Sensitive security information, as defined by section 1520.5 of title 49, Code of Federal Regulations. (ii) Privileged law enforcement information. (iii) Information obtained or derived from any activity authorized under the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1801 et seq. (iv) Information subject to privilege or protection under any other provision of law. (B) Treatment consistent with section Any information that is part of the administrative record filed ex parte and in camera under subparagraph (A), or cited by the court in any decision in a civil action described in paragraph (1), shall be treated by the court consistent with the provisions of this subsection. In no event shall such information be released to the petitioner or as part of the public record. (4) Nonapplicability of use of information provisions The use of information provisions of sections 106, 305, 405, and 706 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1806 (5) Rule of construction concerning right to access No provision of this section shall be construed to create a right to obtain access to information in the possession of the Federal Government that was considered in an action or finding of the Secretary of Commerce, including any classified information or sensitive but unclassified information. (6) Exemption from Freedom of Information Act Any information made available to officials of the Department of Commerce pursuant to this section is exempt from disclosure under section 552 of title 5, United States Code (commonly referred to as the Freedom of Information Act 506. Review regarding information collection and analysis with respect to economic competition (a) Review (1) In general Not later than 30 days after the date of the enactment of this Act, the Director of National Intelligence shall complete a review of the requirements and access to commercial information used by elements of the intelligence community for analysis of capital flows, investment security, beneficial ownership of entities, and other transactions and functions related to identifying threats, gaps, and opportunities with respect to economic competition with foreign countries, including the People’s Republic of China. (2) Elements The review required by paragraph (1) shall include the following: (A) The length and expiration of licenses for access to commercial information. (B) The number of such licenses permitted for each element of the intelligence community. (C) The number of such licenses permitted for Federal departments and agencies that are not elements of the intelligence community, including the Department of Commerce. (b) Report; briefing (1) In general Not later than 60 days after the date on which the review required by subsection (a)(1) is completed, the Director of National Intelligence shall submit a report and provide a briefing to Congress on the findings of the review. (2) Elements The report and briefing required by paragraph (1) shall include the following: (A) The findings of the review required by subsection (a)(1). (B) Recommendations of the Director on whether and how the standardization of access to commercial information, the expansion of licenses for such access, the lengthening of license terms beyond 1 year, and the issuance of Government-wide (as opposed to agency-by-agency) licenses would advance the open-source collection and analytical requirements of the intelligence community with respect to economic competition with foreign countries, including the People's Republic of China. (C) An assessment of cost savings or increases that may result from the standardization described in subparagraph (B). (3) Form The report and briefing required by paragraph (1) may be classified. B Next-generation energy, biotechnology, and artificial intelligence 511. Expanded annual assessment of economic and technological capabilities of the People's Republic of China Section 6503(c)(3) of the Intelligence Authorization Act for Fiscal Year 2023 ( Public Law 117–263 (I) A detailed assessment, prepared in consultation with all elements of the working group— (i) of the investments made by the People’s Republic of China in— (I) artificial intelligence; (II) next-generation energy technologies, especially small modular reactors and advanced batteries; and (III) biotechnology; and (ii) that identifies— (I) competitive practices of the People’s Republic of China relating to the technologies described in clause (i); (II) opportunities to counter the practices described in subclause (I); (III) countries the People’s Republic of China is targeting for exports of civil nuclear technology; (IV) countries best positioned to utilize civil nuclear technologies from the United States in order to facilitate the commercial export of those technologies; (V) United States vulnerabilities in the supply chain of these technologies; and (VI) opportunities to counter the export by the People’s Republic of China of civil nuclear technologies globally. (J) An identification and assessment of any unmet resource or authority needs of the working group that affect the ability of the working group to carry out this section. . 512. Procurement of public utility contracts Subparagraph (B) of section 501(b)(1) of title 40, United States Code, is amended to read as follows: (B) Public utility contracts (i) In general A contract for public utility services may be made— (I) except as provided in subclause (II), for a period of not more than 10 years; or (II) for an executive agency that is, or has a component that is, an element of the intelligence community (as defined in section 3 of the National Security Act of 1947 ( 50 U.S.C. 3003 (ii) Payment The cost of a public utility services contract for any year may be paid from annual appropriations for that year. . 513. Assessment of using civil nuclear energy for intelligence community capabilities (a) Assessment required The Director of National Intelligence shall, in consultation with the heads of such other elements of the intelligence community as the Director considers appropriate, conduct an assessment of capabilities identified by the Intelligence Community Continuity Program established pursuant to section E(3) of Intelligence Community Directive 118, or any successor directive, or such other facilities or capabilities as may be determined by the Director to be critical to United States national security, that have unique energy needs— (1) to ascertain the feasibility and advisability of using civil nuclear reactors to meet such needs; and (2) to identify such additional resources, technologies, infrastructure, or authorities needed, or other potential obstacles, to commence use of a nuclear reactor to meet such needs. (b) Report Not later than 180 days after the date of the enactment of this Act, the Director shall submit to the congressional intelligence committees a report, which may be in classified form, on the findings of the Director with respect to the assessment conducted pursuant to subsection (a). 514. Policies established by Director of National Intelligence for artificial intelligence capabilities (a) In general Section 6702 of the Intelligence Authorization Act for Fiscal Year 2023 ( 50 U.S.C. 3334m (1) in subsection (a), in the matter preceding paragraph (1), by striking subsection (b) subsection (c) (2) by redesignating subsection (b) as subsection (c); and (3) by inserting after subsection (a) the following: (b) Policies (1) In general In carrying out subsection (a)(1), not later than 1 year after the date of the enactment of the Intelligence Authorization Act for Fiscal Year 2024 (2) Policies described The policies described in this paragraph are policies for the acquisition, adoption, development, use, coordination, and maintenance of artificial intelligence capabilities that— (A) establish a lexicon relating to the use of machine learning and artificial intelligence developed or acquired by elements of the intelligence community; (B) establish guidelines for evaluating the performance of models developed or acquired by elements of the intelligence community, such as by— (i) specifying conditions for the continuous monitoring of artificial intelligence capabilities for performance, including the conditions for retraining or retiring models based on performance; (ii) documenting performance objectives, including specifying how performance objectives shall be developed and contractually enforced for capabilities procured from third parties; (iii) specifying the manner in which models should be audited, as necessary, including the types of documentation that should be provided to any auditor; and (iv) specifying conditions under which models used by elements of the intelligence community should be subject to testing and evaluation for vulnerabilities to techniques meant to undermine the availability, integrity, or privacy of an artificial intelligence capability; (C) establish guidelines for tracking dependencies in adjacent systems, capabilities, or processes impacted by the retraining or sunsetting of any model described in subparagraph (B); (D) establish documentation requirements for capabilities procured from third parties, aligning such requirements, as necessary, with existing documentation requirements applicable to capabilities developed by elements of the intelligence community and, to the greatest extent possible, with industry standards; (E) establish standards for the documentation of imputed, augmented, or synthetic data used to train any model developed, procured, or used by an element of the intelligence community; and (F) provide guidance on the acquisition and usage of models that have previously been trained by a third party for subsequent modification and usage by such an element. (3) Policy review and revision The Director of National Intelligence shall periodically review and revise each policy established under paragraph (1). . (b) Conforming amendment Section 6712(b)(1) of such Act ( 50 U.S.C. 3024 section 6702(b) section 6702(c) 515. Strategy for submittal of notice by private persons to Federal agencies regarding certain risks and threats relating to artificial intelligence (a) Findings Congress finds the following: (1) Artificial intelligence systems demonstrate increased capabilities in the generation of synthetic media and computer programming code, and in areas such as object recognition, natural language processing, biological design, and workflow orchestration. (2) The growing capabilities of artificial intelligence systems in the areas described in paragraph (1), as well as the greater accessibility of large-scale artificial intelligence models to individuals, businesses, and governments, have dramatically increased the adoption of artificial intelligence products in the United States and globally. (3) The advanced capabilities of the systems described in paragraph (1), and their accessibility to a wide range of users, have increased the likelihood and effect of misuse or malfunction of these systems, such as to generate synthetic media for disinformation campaigns, develop or refine malware for computer network exploitation activity, design or develop dual-use biological entities such as toxic small molecules, proteins, or pathogenic organisms, enhance surveillance capabilities in ways that undermine the privacy of citizens of the United States, and increase the risk of exploitation or malfunction of information technology systems incorporating artificial intelligence systems in mission-critical fields such as health care, critical infrastructure, and transportation. (b) Strategy required Not later than 180 days after the date of the enactment of this Act, the President shall establish a strategy by which vendors and commercial users of artificial intelligence systems, as well as independent researchers and other third parties, may effectively notify appropriate elements of the United States Government of— (1) information security risks emanating from artificial intelligence systems, such as the use of an artificial intelligence system to develop or refine malicious software; (2) information security risks such as indications of compromise or other threat information indicating a compromise to the confidentiality, integrity, or availability of an artificial intelligence system, or to the supply chain of an artificial intelligence system, including training or test data, frameworks, computing environments, or other components necessary for the training, management, or maintenance of an artificial intelligence system; (3) biosecurity risks emanating from artificial intelligence systems, such as the use of an artificial intelligence system to design, develop, or acquire dual-use biological entities such as putatively toxic small molecules, proteins, or pathogenic organisms; (4) suspected foreign malign influence (as defined by section 119C of the National Security Act of 1947 ( 50 U.S.C. 3059(f) (5) any other unlawful activity facilitated by, or directed at, an artificial intelligence system. (c) Elements The strategy established pursuant to subsection (b) shall include the following: (1) An outline of a plan for Federal agencies to engage in industry outreach and public education on the risks posed by, and directed at, artificial intelligence systems. (2) Use of research and development, stakeholder outreach, and risk management frameworks established pursuant to provisions of law in effect on the day before the date of the enactment of this Act or Federal agency guidelines. VI Whistleblower matters 601. Submittal to Congress of complaints and information by whistleblowers in the intelligence community (a) Amendments to chapter 4 (1) Appointment of security officers Section 416 of title 5, United States Code, is amended by adding at the end the following: (i) Appointment of security officers Each Inspector General under this section, including the designees of the Inspector General of the Department of Defense pursuant to subsection (b)(3), shall appoint within their offices security officers to provide, on a permanent basis, confidential, security-related guidance and direction to an employee of their respective establishment, an employee assigned or detailed to such establishment, or an employee of a contractor of such establishment who intends to report to Congress a complaint or information, so that such employee can obtain direction on how to report to Congress in accordance with appropriate security practices. . (2) Procedures Subsection (e) of such section is amended— (A) in paragraph (1), by inserting or any other committee of jurisdiction of the Senate or the House of Representatives either or both of the intelligence committees (B) by amending paragraph (2) to read as follows: (2) Limitation (A) In general Except as provided in subparagraph (B), the employee may contact an intelligence committee or another committee of jurisdiction directly as described in paragraph (1) of this subsection or in subsection (b)(4) only if the employee— (i) before making such a contact, furnishes to the head of the establishment, through the Inspector General (or designee), a statement of the employee’s complaint or information and notice of the employee’s intent to contact an intelligence committee or another committee of jurisdiction of the Senate or the House of Representatives directly; and (ii) (I) obtains and follows, from the head of the establishment, through the Inspector General (or designee), procedural direction on how to contact an intelligence committee or another committee of jurisdiction of the Senate or the House of Representatives in accordance with appropriate security practices; or (II) obtains and follows such procedural direction from the applicable security officer appointed under subsection (i). (B) Lack of procedural direction If an employee seeks procedural direction under subparagraph (A)(ii) and does not receive such procedural direction within 30 days, or receives insufficient direction to report to Congress a complaint or information, the employee may contact an intelligence committee or any other committee of jurisdiction of the Senate or the House of Representatives directly without obtaining or following the procedural direction otherwise required under such subparagraph. ; and (C) by redesignating paragraph (3) as paragraph (4); and (D) by inserting after paragraph (2) the following: (3) Committee members and staff An employee of an element of the intelligence community who intends to report to Congress a complaint or information may report such complaint or information to the Chairman and Vice Chairman or Ranking Member, as the case may be, of an intelligence committee or another committee of jurisdiction of the Senate or the House of Representatives, a nonpartisan member of the committee staff designated for purposes of receiving complaints or information under this section, or a member of the majority staff and a member of the minority staff of the committee. . (3) Clarification of right to report directly to Congress Subsection (b) of such section is amended by adding at the end the following: (4) Clarification of right to report directly to Congress Subject to paragraphs (2) and (3) of subsection (e), an employee of an element of the intelligence community who intends to report to Congress a complaint or information may report such complaint or information directly to Congress, regardless of whether the complaint or information is with respect to an urgent concern— (A) in lieu of reporting such complaint or information under paragraph (1); or (B) in addition to reporting such complaint or information under paragraph (1). . (b) Amendments to National Security Act of 1947 (1) Appointment of security officers Section 103H(j) of the National Security Act of 1947 ( 50 U.S.C. 3033(j) (5) The Inspector General shall appoint within the Office of the Inspector General security officers as required by section 416(i) of title 5, United States Code. . (2) Procedures Subparagraph (D) of section 103H(k)(5) of such Act ( 50 U.S.C. 3033(k)(5) (A) in clause (i), by inserting or any other committee of jurisdiction of the Senate or the House of Representatives either or both of the congressional intelligence committees (B) by amending clause (ii) to read as follows: (ii) (I) Except as provided in subclause (II), an employee may contact a congressional intelligence committee or another committee of jurisdiction directly as described in clause (i) only if the employee— (aa) before making such a contact, furnishes to the Director, through the Inspector General, a statement of the employee’s complaint or information and notice of the employee’s intent to contact a congressional intelligence committee or another committee of jurisdiction of the Senate or the House of Representatives directly; and (bb) (AA) obtains and follows, from the Director, through the Inspector General, procedural direction on how to contact a congressional intelligence committee or another committee of jurisdiction of the Senate or the House of Representatives in accordance with appropriate security practices; or (BB) obtains and follows such procedural direction from the applicable security officer appointed under section 416(i) of title 5, United States Code. (II) If an employee seeks procedural direction under subclause (I)(bb) and does not receive such procedural direction within 30 days, or receives insufficient direction to report to Congress a complaint or information, the employee may contact a congressional intelligence committee or any other committee of jurisdiction of the Senate or the House of Representatives directly without obtaining or following the procedural direction otherwise required under such subclause. ; (C) by redesignating clause (iii) as clause (iv); and (D) by inserting after clause (ii) the following: (iii) An employee of an element of the intelligence community who intends to report to Congress a complaint or information may report such complaint or information to the Chairman and Vice Chairman or Ranking Member, as the case may be, of a congressional intelligence committee or another committee of jurisdiction of the Senate or the House of Representatives, a nonpartisan member of the committee staff designated for purposes of receiving complaints or information under this section, or a member of the majority staff and a member of the minority staff of the committee. . (3) Clarification of right to report directly to Congress Subparagraph (A) of such section is amended— (A) by inserting (i) An employee of (B) by adding at the end the following: (ii) Subject to clauses (ii) and (iii) of subparagraph (D), an employee of an element of the intelligence community who intends to report to Congress a complaint or information may report such complaint or information directly to Congress, regardless of whether the complaint or information is with respect to an urgent concern— (I) in lieu of reporting such complaint or information under clause (i); or (II) in addition to reporting such complaint or information under clause (i). . (c) Amendments to the Central Intelligence Agency Act of 1949 (1) Appointment of security officers Section 17(d)(5) of the Central Intelligence Agency Act of 1949 ( 50 U.S.C. 3517(d)(5) (I) The Inspector General shall appoint within the Office of the Inspector General security officers as required by section 416(i) of title 5, United States Code. . (2) Procedures Subparagraph (D) of such section is amended— (A) in clause (i), by inserting or any other committee of jurisdiction of the Senate or the House of Representatives either or both of the intelligence committees (B) by amending clause (ii) to read as follows: (ii) (I) Except as provided in subclause (II), an employee may contact an intelligence committee or another committee of jurisdiction directly as described in clause (i) only if the employee— (aa) before making such a contact, furnishes to the Director, through the Inspector General, a statement of the employee’s complaint or information and notice of the employee’s intent to contact an intelligence committee or another committee of jurisdiction of the Senate or the House of Representatives directly; and (bb) (AA) obtains and follows, from the Director, through the Inspector General, procedural direction on how to contact an intelligence committee or another committee of jurisdiction of the Senate or the House of Representatives in accordance with appropriate security practices; or (BB) obtains and follows such procedural direction from the applicable security officer appointed under section 416(i) of title 5, United States Code. (II) If an employee seeks procedural direction under subclause (I)(bb) and does not receive such procedural direction within 30 days, or receives insufficient direction to report to Congress a complaint or information, the employee may contact an intelligence committee or another committee of jurisdiction of the Senate or the House of Representatives directly without obtaining or following the procedural direction otherwise required under such subclause. ; (C) by redesignating clause (iii) as clause (iv); and (D) by inserting after clause (ii) the following: (iii) An employee of the Agency who intends to report to Congress a complaint or information may report such complaint or information to the Chairman and Vice Chairman or Ranking Member, as the case may be, of an intelligence committee or another committee of jurisdiction of the Senate or the House of Representatives, a nonpartisan member of the committee staff designated for purposes of receiving complaints or information under this section, or a member of the majority staff and a member of the minority staff of the committee. . (3) Clarification of right to report directly to congress Subparagraph (A) of such section is amended— (A) by inserting (i) An employee of (B) by adding at the end the following: (ii) Subject to clauses (ii) and (iii) of subparagraph (D), an employee of the Agency who intends to report to Congress a complaint or information may report such complaint or information directly to Congress, regardless of whether the complaint or information is with respect to an urgent concern— (I) in lieu of reporting such complaint or information under clause (i); or (II) in addition to reporting such complaint or information under clause (i). . (d) Rule of construction Nothing in this section or an amendment made by this section shall be construed to revoke or diminish any right of an individual provided by section 2303 of title 5, United States Code. 602. Prohibition against disclosure of whistleblower identity as reprisal against whistleblower disclosure by employees and contractors in intelligence community (a) In general Section 1104 of the National Security Act of 1947 ( 50 U.S.C. 3234 (1) in subsection (a)(3) of such section— (A) in subparagraph (I), by striking ; or (B) by redesignating subparagraph (J) as subparagraph (K); and (C) by inserting after subparagraph (I) the following: (J) a knowing and willful disclosure revealing the identity or other personally identifiable information of an employee or contractor employee so as to identify the employee or contractor employee as an employee or contractor employee who has made a lawful disclosure described in subsection (b) or (c); or ; (2) by redesignating subsections (f) and (g) as subsections (g) and (h), respectively; and (3) by inserting after subsection (e) the following: (f) Personnel actions involving disclosure of whistleblower identity A personnel action described in subsection (a)(3)(J) shall not be considered to be in violation of subsection (b) or (c) under the following circumstances: (1) The personnel action was taken with the express consent of the employee or contractor employee. (2) An Inspector General with oversight responsibility for a covered intelligence community element determines that— (A) the personnel action was unavoidable under section 103H(g)(3)(A) of this Act ( 50 U.S.C. 3033(g)(3)(A) 50 U.S.C. 3517(e)(3)(A) (B) the personnel action was made to an official of the Department of Justice responsible for determining whether a prosecution should be undertaken; or (C) the personnel action was required by statute or an order from a court of competent jurisdiction. . (b) Applicability to detailees Subsection (a) of section 1104 of such Act ( 50 U.S.C. 3234 (5) Employee The term employee . (c) Private right of action for unlawful disclosure of whistleblower identity Subsection (g) of such section, as redesignated by subsection (a)(2) of this section, is amended to read as follows: (g) Enforcement (1) In general Except as otherwise provided in this subsection, the President shall provide for the enforcement of this section. (2) Harmonization with other enforcement To the fullest extent possible, the President shall provide for enforcement of this section in a manner that is consistent with the enforcement of section 2302(b)(8) of title 5, United States Code, especially with respect to policies and procedures used to adjudicate alleged violations of such section. (3) Private right of action for disclosures of whistleblower identity in violation of prohibition against reprisals Subject to paragraph (4), in a case in which an employee of an agency takes a personnel action described in subsection (a)(3)(J) against an employee of a covered intelligence community element as a reprisal in violation of subsection (b) or in a case in which an employee or contractor employee takes a personnel action described in subsection (a)(3)(J) against another contractor employee as a reprisal in violation of subsection (c), the employee or contractor employee against whom the personnel action was taken may, consistent with section 1221 of title 5, United States Code, bring a private action for all appropriate remedies, including injunctive relief and compensatory and punitive damages, in an amount not to exceed $250,000, against the agency of the employee or contracting agency of the contractor employee who took the personnel action, in a Federal district court of competent jurisdiction. (4) Requirements (A) Review by inspector general and by external review panel Before the employee or contractor employee may bring a private action under paragraph (3), the employee or contractor employee shall exhaust administrative remedies by— (i) first, obtaining a disposition of their claim by requesting review by the appropriate inspector general; and (ii) second, if the review under clause (i) does not substantiate reprisal, by submitting to the Inspector General of the Intelligence Community a request for a review of the claim by an external review panel under section 1106. (B) Period to bring action The employee or contractor employee may bring a private right of action under paragraph (3) during the 180-day period beginning on the date on which the employee or contractor employee is notified of the final disposition of their claim under section 1106. . 603. Establishing process parity for adverse security clearance and access determinations Subparagraph (C) of section 3001(j)(4) of the Intelligence Reform and Terrorism Prevention Act of 2004 ( 50 U.S.C. 3341(j)(4) (C) Contributing factor (i) In general Subject to clause (iii), in determining whether the adverse security clearance or access determination violated paragraph (1), the agency shall find that paragraph (1) was violated if the individual has demonstrated that a disclosure described in paragraph (1) was a contributing factor in the adverse security clearance or access determination taken against the individual. (ii) Circumstantial evidence An individual under clause (i) may demonstrate that the disclosure was a contributing factor in the adverse security clearance or access determination taken against the individual through circumstantial evidence, such as evidence that— (I) the official making the determination knew of the disclosure; and (II) the determination occurred within a period such that a reasonable person could conclude that the disclosure was a contributing factor in the determination. (iii) Defense In determining whether the adverse security clearance or access determination violated paragraph (1), the agency shall not find that paragraph (1) was violated if, after a finding that a disclosure was a contributing factor, the agency demonstrates by clear and convincing evidence that it would have made the same security clearance or access determination in the absence of such disclosure. . 604. Elimination of cap on compensatory damages for retaliatory revocation of security clearances and access determinations Section 3001(j)(4)(B) of the Intelligence Reform and Terrorism Prevention Act of 2004 ( 50 U.S.C. 3341(j)(4)(B) not to exceed $300,000 605. Modification and repeal of reporting requirements (a) Modification of frequency of whistleblower notifications to Inspector General of the Intelligence Community Section 5334(a) of the Damon Paul Nelson and Matthew Young Pollard Intelligence Authorization Act for Fiscal Years 2018, 2019, and 2020 ( Public Law 116–92 50 U.S.C. 3033 in real time monthly (b) Repeal of requirement for Inspectors General reviews of enhanced personnel security programs (1) In general Section 11001 of title 5, United States Code, is amended— (A) by striking subsection (d); and (B) by redesignating subsection (e) as subsection (d). (2) Technical corrections Subsection (d) of section 11001 of such title, as redesignated by paragraph (1)(B), is amended— (A) in paragraph (3), by adding and (B) in paragraph (4), by striking ; and VII Classification reform A Classification Reform Act of 2023 1 Short title; definitions 701. Short title This subtitle may be cited as the Classification Reform Act of 2023 702. Definitions Title VIII of the National Security Act of 1947 ( 50 U.S.C. 3161 et seq. (1) in the title heading by striking Access to classified information procedures Protection of national security information (2) in the matter before section 801, by inserting the following: A Definitions 800. Definitions In this title: (1) Agency The term agency (2) Authorized investigative agency The term authorized investigative agency (3) Classify, classified, classification The terms classify classified classification (4) Classified information The term classified information (5) Computer The term computer (6) Consumer reporting agency The term consumer reporting agency 15 U.S.C. 1681a (7) Declassify, declassified, declassification The terms declassify declassified declassification (8) Document The term document (9) Employee The term employee (10) Executive Agent for Classification and Declassification The term Executive Agent for Classification and Declassification (11) Financial agency and holding company The terms financial agency financial institution holding company 12 U.S.C. 3401 (12) Foreign power and agent of a foreign power The terms foreign power agent of a foreign power 50 U.S.C. 1801 (13) Information The term information (14) Information Security Oversight Office The term Information Security Oversight Office (15) Original classification authority The term original classification authority (16) Records The term records (17) State The term State B Access to classified information procedures ; and (3) by striking section 805. 2 Governance and accountability for reform of the security classification system 711. Executive Agent for Classification and Declassification Title VIII of the National Security Act of 1947 ( 50 U.S.C. 3161 et seq. C Security classification governance 811. Executive Agent for Classification and Declassification (a) Establishment There is in the executive branch of the Federal Government an Executive Agent for Classification and Declassification who shall be responsible for promoting programs, processes, and systems relating to classification and declassification, including developing technical solutions for automating declassification review and directing resources for such purposes in the Federal Government. (b) Designation The Director of National Intelligence shall serve as the Executive Agent for Classification and Declassification. (c) Duties The duties of the Executive Agent for Classification and Declassification are as follows: (1) To promote classification and declassification programs, processes, and systems with the goal of ensuring that declassification activities keep pace with classification activities and that classified information is declassified at such time as it no longer meets the standard for classification. (2) To promote classification and declassification programs, processes, and systems that ensure secure management of and tracking of classified records. (3) To promote the establishment of a federated classification and declassification system to streamline, modernize, and oversee declassification across agencies. (4) To direct resources to develop, coordinate, and implement a federated classification and declassification system that includes technologies that automate declassification review and promote consistency in declassification determinations across the executive branch of the Federal Government. (5) To work with the Director of the Office of Management and Budget in developing a line item for classification and declassification in each budget of the President that is submitted for a fiscal year under section 1105(a) of title 31, United States Code. (6) To identify and support the development of— (A) best practices for classification and declassification among agencies; and (B) goal-oriented classification and declassification pilot programs. (7) To promote and implement technological and automated solutions relating to classification and declassification, with human input as necessary for key policy decisions. (8) To promote feasible, sustainable, and interoperable programs and processes to facilitate a federated classification and declassification system. (9) To direct the implementation across agencies of the most effective programs and approaches relating to classification and declassification. (10) To establish, oversee, and enforce acquisition and contracting policies relating to classification and declassification programs. (11) In coordination with the Information Security Oversight Office— (A) to issue policies and directives to the heads of agencies relating to directing resources and making technological investments in classification and declassification that include support for a federated system; (B) to ensure implementation of the policies and directives issued under subparagraph (A); (C) to collect information on classification and declassification practices and policies across agencies, including training, accounting, challenges to effective declassification, and costs associated with classification and declassification; (D) to develop policies for ensuring the accuracy of information obtained from Federal agencies; and (E) to develop accurate and relevant metrics for judging the success of classification and declassification policies and directives. (12) To work with appropriate agencies to oversee the implementation of policies, procedures, and processes governing the submission of materials for pre-publication review by persons obligated to submit materials for such review by the terms of a nondisclosure agreement signed in accordance with Executive Order 12968 ( 50 U.S.C. 3161 (A) include clear and consistent guidance on materials that must be submitted and the mechanisms for making such submissions; (B) produce timely and consistent determinations across agencies; and (C) incorporate mechanisms for the timely appeal of such determinations. (d) Consultation with Executive Committee on Classification and Declassification Programs and Technology In making decisions under this section, the Executive Agent for Classification and Declassification shall consult with the Executive Committee on Classification and Declassification Programs and Technology established under section 102(a). (e) Coordination with the National Declassification Center In implementing a federated classification and declassification system, the Executive Agent for Classification and Declassification shall act in coordination with the National Declassification Center established by section 3.7(a) of Executive Order 13526 ( 50 U.S.C. 3161 (f) Standards and directives of the Information Security Oversight Office The programs, policies, and systems promoted by the Executive Agent for Classification and Declassification shall be consistent with the standards and directives established by the Information Security Oversight Office. (g) Annual report (1) In general Not later than the end of the first full fiscal year beginning after the date of the enactment of the Classification Reform Act of 2023 (2) Coordination Each report submitted and made available under paragraph (1) shall be coordinated with the annual report of the Information Security Oversight Office issued pursuant to section 814(d). (3) Contents Each report submitted and made available under subsection (a) shall include, for the period covered by the report, the following: (A) The costs incurred by the Federal Government for classification and declassification. (B) A description of information systems of the Federal Government and technology programs, processes, and systems of agencies related to classification and declassification. (C) A description of the policies and directives issued by the Executive Agent for Classification and Declassification and other activities of the Executive Agent for Classification and Declassification. (D) A description of the challenges posed to agencies in implementing the policies and directives of the Executive Agent for Classification and Declassification as well as relevant implementing policies of the agencies. (E) A description of pilot programs and new investments in programs, processes, and systems relating to classification and declassification and metrics of effectiveness for such programs, processes, and systems. (F) A description of progress and challenges in achieving the goal described in (c)(1). (h) Funding (1) Authorization of appropriations There are authorized to be appropriated to carry out this section amounts as follows: (A) $5,000,000 for fiscal year 2024. (B) For fiscal year 2025 and each fiscal year thereafter, such sums as may be necessary to carry out this section. (2) Budget estimates In each budget that the President submits to Congress for a fiscal year under section 1105(a) of title 31, United States Code, the President shall include an estimate of the amounts required to carry out this section in that fiscal year. . 712. Executive Committee on Classification and Declassification Programs and Technology Subtitle C of title VIII of the National Security Act of 1947 ( 50 U.S.C. 3161 et seq. 812. Executive Committee on Classification and Declassification Programs and Technology (a) Establishment There is established a committee to provide direction, advice, and guidance to the Executive Agent for Classification and Declassification on matters relating to classification and declassification programs and technology. (b) Designation The committee established by subsection (a) shall be known as the Executive Committee on Classification and Declassification Programs and Technology Committee (c) Membership (1) Composition The Committee shall be composed of the following: (A) The Director of National Intelligence. (B) The Under Secretary of Defense for Intelligence. (C) The Secretary of Energy. (D) The Secretary of State. (E) The Director of the National Declassification Center. (F) The Director of the Information Security Oversight Board. (G) The Director of the Office of Management and Budget. (H) Such other members as the Executive Agent for Classification and Declassification considers appropriate. (2) Chairperson The President shall appoint the chairperson of the Committee. . 713. Advisory bodies for Executive Agent for Classification and Declassification Subtitle C of title VIII of the National Security Act of 1947 ( 50 U.S.C. 3161 et seq. 813. Advisory bodies for Executive Agent for Classification and Declassification The following are hereby advisory bodies for the Executive Agent for Classification and Declassification: (1) The Public Interest Declassification Board established by section 703(a) of the Public Interest Declassification Act of 2000 ( Public Law 106–567 (2) The Office of the Historian of the Department of State. (3) The Historical Office of the Secretary of Defense. (4) The Office of the Chief Historian of the Central Intelligence Agency. . 714. Information Security Oversight Office Subtitle C of title VIII of the National Security Act of 1947 ( 50 U.S.C. 3161 et seq. 814. Information Security Oversight Office (a) Establishment (1) In general There is hereby established in the executive branch of the Federal Government an office to ensure the Government protects and provides proper access to information to advance the national and public interest by standardizing and assessing the management of classified and controlled unclassified information through oversight, policy development, guidance, education, and reporting. (2) Designation The office established by paragraph (1) shall be known as the Information Security Oversight Office Office (b) Director There is in the Office a director who shall be the head of the Office and who shall be appointed by the President. (c) Duties The duties of the director of the Office, which the director shall carry out in coordination with the Executive Agent for Classification and Declassification, are as follows: (1) To develop directives to implement a uniform system across the United States Government for classifying, safeguarding, declassifying, and downgrading of national security information. (2) To oversee implementation of such directives by agencies through establishment of strategic goals and objectives and periodic assessment of agency performance vis-à-vis such goals and objectives. (d) Annual report Each fiscal year, the director of the Office shall submit to Congress a report on the execution of the duties of the director under subsection (c). (e) Funding (1) Authorization of appropriations There are authorized to be appropriated to carry out this section amounts as follows: (A) $5,000,000 for fiscal year 2024. (B) For fiscal year 2025 and each fiscal year thereafter, such sums as may be necessary to carry out this section. (2) Budget estimates In each budget that the President submits to Congress for a fiscal year under section 1105(a) of title 31, United States Code, the President shall include an estimate of the amounts required to carry out this section in that fiscal year. . 3 Reducing overclassification 721. Classification and declassification of information (a) In general Title VIII of the National Security Act of 1947, as amended by chapter 2 of this subtitle, is further amended by adding at the end the following: D Classification and declassification 821. Classification and declassification of information (a) In general The President may, in accordance with this title, protect from unauthorized disclosure any information owned by, produced by or for, or under the control of the executive branch when there is a demonstrable need to do so in order to protect the national security of the United States. (b) Establishment of standards and procedures for classification and declassification (1) Governmentwide procedures (A) Classification The President shall, to the extent necessary, establish categories of information that may be classified and procedures for classifying information under subsection (a). (B) Declassification At the same time the President establishes categories and procedures under subparagraph (A), the President shall establish procedures for declassifying information that was previously classified. (C) Minimum requirements The procedures established pursuant to subparagraphs (A) and (B) shall— (i) permit the classification of information only in cases in which the information meets the standard set forth in subsection (c) and require the declassification of information that does not meet such standard; (ii) provide for no more than two levels of classification; (iii) provide for the declassification of information classified under this title in accordance with subsection (d); (iv) provide for the automatic declassification of classified records with permanent historical value in accordance with subsection (e); and (v) provide for the timely review of materials submitted for pre-publication review in accordance with subsection (g). (2) Notice and comment (A) Notice The President shall publish in the Federal Register notice regarding the categories and procedures proposed to be established under paragraph (1). (B) Comment The President shall provide an opportunity for interested persons to submit comments on the categories and procedures covered by subparagraph (A). (C) Deadline The President shall complete the establishment of categories and procedures under this subsection not later than 60 days after publishing notice in the Federal Register under subparagraph (A). Upon completion of the establishment of such categories and procedures, the President shall publish in the Federal Register notice regarding such categories and procedures. (3) Modification In the event the President determines to modify any categories or procedures established under paragraph (1), subparagraphs (A) and (B) of paragraph (2) shall apply to the modification of such categories or procedures. (4) Agency standards and procedures (A) In general The head of each agency shall establish a single set of consolidated standards and procedures to permit such agency to classify and declassify information created by such agency in accordance with the categories and procedures established by the President under this section and otherwise to carry out this title. (B) Deadline Each agency head shall establish the standards and procedures under subparagraph (A) not later than 60 days after the date on which the President publishes notice under paragraph (2)(C) of the categories and standards established by the President under this subsection. (C) Submittal to Congress Each agency head shall submit to Congress the standards and procedures established by such agency head under this paragraph. (c) Standard for classification and declassification (1) In general Subject to paragraphs (2) and (3), information may be classified under this title, and classified information under review for declassification under this title may remain classified, only if the harm to national security that might reasonably be expected from disclosure of such information outweighs the public interest in disclosure of such information. (2) Default rules (A) Default with respect to classification In the event of significant doubt as to whether the harm to national security that might reasonably be expected from the disclosure of information would outweigh the public interest in the disclosure of such information, such information shall not be classified. (B) Default with respect to declassification In the event of significant doubt as to whether the harm to national security that might reasonably be expected from the disclosure of information previously classified under this title would outweigh the public interest in the disclosure of such information, such information shall be declassified. (3) Criteria For purposes of this subsection, in determining the harm to national security that might reasonably be expected from disclosure of information, and the public interest in the disclosure of information, the official making the determination shall consider the following: (A) With regard to the harm to national security that might reasonably be expected from disclosure of information, whether or not disclosure of the information would— (i) reveal the identity of a confidential human source, or reveal information about the application of an intelligence source or method, or reveal the identity of a human intelligence source when the unauthorized disclosure of that source would clearly and demonstrably damage the national security interests of the United States; (ii) reveal information that would assist in the development or use of weapons of mass destruction; (iii) reveal information that would impair United States cryptologic systems or activities; (iv) reveal information that would impair the application of state-of-the-art technology within a United States weapons system; (v) reveal actual United States military war plans that remain in effect; (vi) reveal information that would seriously and demonstrably impair relations between the United States and a foreign government, or seriously and demonstrably undermine ongoing diplomatic activities of the United States; (vii) reveal information that would clearly and demonstrably impair the current ability of United States Government officials to protect the President, Vice President, and other officials for whom protection services, in the interest of national security, are authorized; (viii) reveal information that would seriously and demonstrably impair current national security emergency preparedness plans; or (ix) violate a statute, treaty, or international agreement. (B) With regard to the public interest in disclosure of information— (i) whether or not disclosure of the information would better enable United States citizens to hold Government officials accountable for their actions and policies; (ii) whether or not disclosure of the information would assist the United States criminal justice system in holding persons responsible for criminal acts or acts contrary to the Constitution; (iii) whether or not disclosure of the information would assist Congress, or any committee or subcommittee thereof, in carrying out its oversight responsibilities with regard to the executive branch or in adequately informing itself of executive branch policies and activities in order to carry out its legislative responsibilities; (iv) whether the disclosure of the information would assist Congress or the public in understanding the interpretation of the Federal Government of a provision of law, including Federal regulations, Presidential directives, statutes, case law, and the Constitution of the United States; or (v) whether or not disclosure of the information would bring about any other significant benefit, including an increase in public awareness or understanding of Government activities or an enhancement of Government efficiency. (4) Written justification for classification (A) Original classification Each agency official who makes a decision to classify information not previously classified shall, at the time of the classification decision— (i) identify himself or herself; and (ii) provide in writing a detailed justification of that decision. (B) Derivative classification In any case in which an agency official or contractor employee classifies a document on the basis of information previously classified that is included or referenced in the document, the official or employee, as the case may be, shall— (i) identify himself or herself in that document; and (ii) use a concise notation, or similar means, to document the basis for that decision. (5) Classification prohibitions and limitations (A) In general In no case shall information be classified, continue to be maintained as classified, or fail to be declassified in order— (i) to conceal violations of law, inefficiency, or administrative error; (ii) to prevent embarrassment to a person, organization, or agency; (iii) to restrain competition; or (iv) to prevent or delay the release of information that does not require protection in the interest of national security. (B) Basic scientific research Basic scientific research information not clearly related to national security shall not be classified. (C) Reclassification Information may not be reclassified after being declassified and release to the public under proper authority unless personally approved by the President based on a determination that such reclassification is required to prevent significant and demonstrable damage to national security; (d) Declassification of information classified under Act (1) In general No information may remain classified indefinitely. (2) Maximum period of classification Except as provided in paragraphs (3), (4), and (5), information may not remain classified under this title after the date that is 25 years after the date of the original classification of the information. (3) Earlier declassification When classifying information under this title, an agency official may provide for the declassification of the information as of a date or event that is earlier than the date otherwise provided for under paragraph (2). (4) Later declassification When classifying information under this title, an agency official may provide for the declassification of the information on the date that is 50 years after the date of the classification if the head of the agency— (A) determines that there is no likely set of circumstances under which declassification would occur within the time otherwise provided for under paragraph (2); (B) (i) obtains the concurrence of the director of the Information Security Oversight Office in the determination; or (ii) seeks but is unable to obtain concurrence under clause (i), obtains the concurrence of the President; and (C) submits to the President a certification of the determination. (5) Postponement of declassification (A) In general The declassification of any information or category of information that would otherwise be declassified under paragraph (2) or (4) may be postponed, but only with the personal approval of the President based on a determination that such postponement is required to prevent significant and demonstrable damage to the national security of the United States. (B) General duration of postponement Information the declassification of which is postponed under this paragraph may remain classified not longer than 10 years after the date of the postponement, unless such classification is renewed by the President. (C) Congressional notification Within 30 days of any postponement or renewal of a postponement under this paragraph, the President shall provide written notification to Congress of such postponement or renewal that describes the significant and demonstrable damage to the national security of the United States that justifies such postponement or renewal. (6) Basis for determinations An agency official making a determination under this subsection with respect to the duration of classification of information, or the declassification of information, shall make the determination required under subsection (c) with respect to classification or declassification in accordance with an assessment of the criteria specified in paragraph (3) of such subsection (c) that is current as of the determination. (e) Automatic declassification of classified records (1) In general Except as provided in paragraph (2), all classified records that are more than 50 years old and have been determined to have permanent historical value under title 44, United States Code, shall be automatically declassified on December 31 of the year that is 50 years after the date on which the records were created, whether or not the records have been reviewed. (2) Postponement (A) Agency Postponement The head of an agency may postpone automatic declassification under paragraph (1) of specific records or information, or renew a period of postponed automatic declassification, if the agency head determines that disclosure of the records or information would clearly and demonstrably be expected— (i) to reveal the identity of a confidential human source or a human intelligence source; or (ii) to reveal information that would assist in the development, production, or use of weapons of mass destruction. (B) Presidential Postponement The President may postpone automatic declassification under paragraph (1) of specific records or information if the President determines that such postponement is required to prevent significant and demonstrable damage to the national security of the United States. (C) General duration of postponement A period of postponement of automatic declassification under this paragraph shall not exceed 10 years after the date of the postponement, unless renewed by the agency head who postponed the automatic declassification or the President. (D) Congressional notification Within 30 days of any postponement or renewal of a postponement under this paragraph, the President or the head of the agency responsible for the postponement shall provide written notification to Congress of such postponement or renewal that describes the justification for such postponement or renewal. (f) Declassification of current classified information (1) Procedures The President shall establish procedures for declassifying information that was classified before the date of the enactment of the Classification Reform Act of 2023 (2) Automatic declassification The procedures established under paragraph (1) shall include procedures for the automatic declassification of information referred to in paragraph (1) that has remained classified for more than 25 years as of such date. (3) Notice and comment (A) Notice The President shall publish notice in the Federal Register of the procedures proposed to be established under this subsection. (B) Comment The President shall provide an opportunity for interested persons to submit comments on the procedures covered by subparagraph (A). (C) Deadline The President shall complete the establishment of procedures under this subsection not later than 60 days after publishing notice in the Federal Register under subparagraph (A). Upon completion of the establishment of such procedures, the President shall publish in the Federal Register notice regarding such procedures. (g) Pre-publication review (1) In general The head of each agency that requires personnel to sign a nondisclosure agreement in accordance with Executive Order 12968 ( 50 U.S.C. 3161 (2) Requirements Each process established under paragraph (1) shall include the following: (A) Clear guidance on materials required to be submitted and the means of submission. (B) Mechanisms for ensuring consistent decision making across multiple agencies. (C) Mechanisms for appeal of decisions made in the course of the review process. (3) Centralized appeal The President shall establish a mechanism for centralized appeal of agency decisions made pursuant to this subsection. . (b) Conforming amendment to FOIA Section 552(b)(1) of title 5, United States Code, is amended to read as follows: (1) (A) specifically authorized to be classified under the title VIII of the National Security Act of 1947, or specifically authorized under criteria established by an Executive order to be kept secret in the interest of national security; and (B) are in fact properly classified pursuant to that title or Executive order; . (c) Effective date (1) In general Section 821 of the National Security Act of 1947, as added by subsection (a), and the amendment made by subsection (b), shall take effect on the date that is 180 days after the date of the enactment of this Act. (2) Relation to Presidential directives Presidential directives regarding classifying, safeguarding, and declassifying national security information, including Executive Order 13526 ( 50 U.S.C. 3161 722. Declassification working capital funds Subtitle D of title VIII of the National Security Act of 1947, as added by section 721, is amended by adding at the end the following: 822. Declassification working capital funds (a) Definition of covered agency In this section, the term covered agency (b) Programs required Not later than 90 days after the date of the enactment of the Classification Reform Act of 2023 (c) Estimates Each head of a covered agency shall ensure that the program established by the head pursuant to subsection (b) includes a mechanism for estimating the number of classified records generated by each subcomponent of the covered agency each fiscal year. (d) Declassification working capital funds (1) Establishment For each covered agency, there is established in the Treasury of the United States a fund to be known as the Declassification Working Capital Fund (2) Contents of funds Each fund established under paragraph (1) shall consist of the following: (A) Amounts transferred to the fund under subsection (e). (B) Amounts appropriated to the fund. (3) Availability and use of funds Subject to the concurrence of the Executive Agent for Classification and Declassification, amounts in a fund of a covered agency established by paragraph (1) shall be available, without fiscal year limitation, to promote and implement technological and automated solutions that are interoperable across covered agencies to support the programs of covered agencies established pursuant to subsection (b). (e) Transfers to the funds Each head of a covered agency shall issue regulations for the covered agency, subject to review and approval by the Executive Agent for Classification and Declassification, that require each subcomponent of the covered agency to transfer, on a periodic basis, to the fund established for the covered agency under subsection (c)(1), an amount for a period that bears the same ratio to the total amount transferred to the fund by all subcomponents of the covered agency for that period as the ratio of— (1) the estimate for the subcomponent pursuant to the mechanism required by subsection (c) for that period; bears to (2) the aggregate of all of the estimates for all subcomponents of the Executive agency under such mechanism for the same period. . 723. Transparency officers Section 1062(a) of the Intelligence Reform and Terrorism Prevention Act of 2004 ( 42 U.S.C. 2000ee–1(a) (1) in paragraph (3), by striking ; and (2) in paragraph (4)(C), by striking the period at the end and inserting ; and (3) by adding at the end the following: (5) assist the head of such department, agency, or element and other officials of such department, agency, or element in identifying records of significant public interest and prioritizing appropriate review of such records in order to facilitate the public disclosure of such records in redacted or unredacted form. ; (4) in paragraph (4), by redesignating subparagraphs (A) through (C) as clauses (i) through (iii), respectively, and indenting such clauses 2 ems to the right; (5) by redesignating paragraphs (1) through (5) as subparagraphs (A) through (E), respectively, and indenting such subparagraphs 2 ems to the right; (6) in the matter before subparagraph (A), as redesignated by paragraph (5), by striking The Attorney General (1) In general The Attorney General ; and (7) by adding at the end the following: (2) Determining public interest in disclosure In assisting the head of a department, agency, or element and other officials of such department, agency, or element in identifying records of significant public interest under subparagraph (E) of paragraph (1), a senior officer designated under such paragraph shall consider— (A) whether or not disclosure of the information would better enable United States citizens to hold Federal Government officials accountable for their actions and policies; (B) whether or not disclosure of the information would assist the United States criminal justice system in holding persons responsible for criminal acts or acts contrary to the Constitution; (C) whether or not disclosure of the information would assist Congress, or any committee or subcommittee thereof, in carrying out its oversight responsibilities with regard to the executive branch or in adequately informing itself of executive branch policies and activities in order to carry out its legislative responsibilities; (D) whether the disclosure of the information would assist Congress or the public in understanding the interpretation of the Federal Government of a provision of law, including Federal regulations, Presidential directives, statutes, case law, and the Constitution of the United States; or (E) whether or not disclosure of the information would bring about any other significant benefit, including an increase in public awareness or understanding of Government activities or an enhancement of Federal Government efficiency. . 4 Preventing mishandling of classified information 731. Security review of certain records of the President and Vice President Title VIII of the National Security Act of 1947, as amended by chapters 2 and 3 of this subtitle, is further amended by adding at the end the following: E Protection of classified information 831. Security review of certain records of the President and Vice President (a) Definitions In this section: (1) Archivist, documentary material, Presidential records, personal records The terms Archivist documentary material Presidential records personal records (2) Commingled or uncategorized records (A) In general Except as provided in subparagraph (B), the term commingled or uncategorized records (B) Exception The term commingled or uncategorized records (i) official records of an agency (as defined in section 552(f) of title 5, United States Code); (ii) stocks of publications and stationery; or (iii) extra copies of documents produced only for convenience of reference, when such copies are clearly so identified. (3) Official records of an agency The term official records of an agency (b) Presumption as Presidential records Commingled or uncategorized records shall be presumed to be Presidential records, unless the President or Vice President— (1) categorizes the commingled or uncategorized records as personal records in accordance with subsection (c); or (2) determines the commingled or uncategorized records are— (A) official records of an agency; (B) stocks of publications and stationery; or (C) extra copies of documents produced only for convenience of reference, when such copies are clearly so identified. (c) Categorizing commingled or uncategorized records as personal records At any time during the President or Vice President’s term of office, the President or Vice President may categorize commingled or uncategorized records as personal records if— (1) the Archivist performs a security review of the commingled or uncategorized records that is reasonably designed to identify records that contain standard markings indicating that records contain classified information; (2) the President obtains written confirmation from the Archivist that the review conducted pursuant to paragraph (1) did not identify any records that contain standard markings indicating that records contain classified information or, if such markings were improperly applied, that such markings have been corrected; and (3) the President obtains written confirmation from the Archivist that the Archivist is not aware of any other requirement that would preclude categorizing the commingled or uncategorized records as personal records. (d) Review of commingled or uncategorized records of former Presidents and Vice Presidents (1) Requests for review During the 180-day period following the end of the term of office of a former President or Vice President— (A) the former President or Vice President may request that the Archivist review the categorization of any commingled or uncategorized records created or received during the term of the former President or Vice President; and (B) the Archivist shall perform a security review of the commingled or uncategorized records pursuant to the request. (2) Actions upon completion of review If, pursuant to a review under paragraph (1), the Archivist determines that any commingled or uncategorized records reviewed are improperly categorized, the Archivist shall— (A) submit to the President a recommendation to correct the categorization of the records; and (B) notify the former President or Vice President of that recommendation. . 732. Mandatory counterintelligence risk assessments (a) In general Subtitle E of title VIII of the National Security Act of 1947, as added by section 731, is amended by adding at the end the following: 832. Mandatory counterintelligence risk assessments (a) Mishandling or unauthorized disclosure of classified information defined In this section, the term mishandling or unauthorized disclosure of classified information (b) Assessments The Director of the National Counterintelligence and Security Center shall prepare a written assessment of the risk to national security from any mishandling or unauthorized disclosure of classified information involving the conduct of the President, Vice President, or an official listed in Level I of the Executive Schedule under section 5312 of title 5, United States Code, within 90 days of the detection of such mishandling or unauthorized disclosure. (c) Description of risks A written assessment prepared pursuant to subsection (b) shall describe the risk to national security if the classified information were to be exposed in public or to a foreign adversary. (d) Submittal of assessments Each written assessment prepared pursuant to subsection (b) shall be submitted to Congress, in classified form, upon completion. . (b) Prospective application Section 832 of such Act, as added by subsection (a), shall apply to incidents of mishandling or unauthorized disclosure of classified information (as defined in such section) detected on or after the date of the enactment of this Act. 733. Minimum standards for Executive agency insider threat programs (a) Definitions In this section, the terms agency classified information (b) Establishment of insider threat programs Each head of an agency with access to classified information shall establish an insider threat program to protect classified information from unauthorized disclosure. (c) Minimum standards In carrying out an insider threat program established by the head of an agency pursuant to subsection (b), the head of the agency shall— (1) designate a senior official of the agency who shall be responsible for management of the program; (2) monitor user activity on all classified networks in order to detect activity indicative of insider threat behavior; (3) build and maintain an insider threat analytic and response capability to review, assess, and respond to information obtained pursuant to paragraph (2); and (4) provide insider threat awareness training to all cleared employees within 30 days of entry on duty or granting of access to classified information and annually thereafter. (d) Annual reports Not less frequently that once each year, the Director of National Intelligence shall, serving as the Security Executive Agent under section 803 of the National Security Act of 1947 ( 50 U.S.C. 3162a 5 Other matters 741. Prohibitions (a) Withholding information from congress Nothing in this subtitle or an amendment made by this subtitle shall be construed to authorize the withholding of information from Congress. (b) Judicial review Except in the case of the amendment to section 552 of title 5, United States Code, made by section 721(b), no person may seek or obtain judicial review of any provision of this subtitle or any action taken under a provision of this subtitle. 742. Conforming amendment Section 804 of the National Security Act of 1947 ( 50 U.S.C. 3163 this title sections 801 and 802 743. Clerical amendment The table of contents for the National Security Act of 1947 is amended by striking the items relating to title VIII and inserting the following: Title VIII—Protection of national security information Subtitle A—Definitions Sec. 800. Definitions. Subtitle B—Access to classified information procedures Sec. 801. Procedures. Sec. 802. Requests by authorized investigative agencies. Sec. 803. Security Executive Agent. Sec. 804. Exceptions. Subtitle C—Security classification governance Sec. 811. Executive Agent for Classification and Declassification. Sec. 812. Executive Committee on Classification and Declassification Programs and Technology. Sec. 813. Advisory bodies for Executive Agent for Classification and Declassification. Sec. 814. Information Security Oversight Office. Subtitle D—Classification and declassification Sec. 821. Classification and declassification of information. Sec. 822. Declassification working capital funds. Subtitle E—Protection of classified information Sec. 831. Security review of certain records of the President and Vice President. Sec. 832. Mandatory counterintelligence risk assessments. . B Sensible Classification Act of 2023 751. Short title This subtitle may be cited as the Sensible Classification Act of 2023 752. Definitions In this subtitle: (1) Agency The term agency Executive agency (2) Classification The term classification (3) Classified information The term classified information 50 U.S.C. 3161 (4) Declassification The term declassification (5) Document The term document (6) Downgrade The term downgrade (7) Information The term information (8) Originate, originating, and originated The term originate originating originated (9) Records The term records (10) Security clearance The term security clearance (11) Unauthorized disclosure The term unauthorized disclosure (12) Unclassified information The term unclassified information 753. Findings and sense of the Senate (a) Findings The Senate makes the following findings: (1) According to a report released by the Office of the Director of Intelligence in 2020 titled Fiscal Year 2019 Annual Report on Security Clearance Determinations (2) At least 1,300,000 of such individuals have been granted access to information classified at the Top Secret level. (b) Sense of the Senate It is the sense of the Senate that— (1) the classification system of the Federal Government is in urgent need of reform; (2) the number of people with access to classified information is exceedingly high and must be justified or reduced; (3) reforms are necessary to reestablish trust between the Federal Government and the people of the United States; and (4) classification should be limited to the minimum necessary to protect national security while balancing the public’s interest in disclosure. 754. Classification authority (a) In general The authority to classify information originally may be exercised only by— (1) the President and, in the performance of executive duties, the Vice President; (2) the head of an agency or an official of any agency authorized by the President pursuant to a designation of such authority in the Federal Register; and (3) an official of the Federal Government to whom authority to classify information originally has been delegated pursuant to subsection (c). (b) Scope of authority An individual authorized by this section to classify information originally at a specified level may also classify the information originally at a lower level. (c) Delegation of original classification authority An official of the Federal Government may be delegated original classification authority subject to the following: (1) Delegation of original classification authority shall be limited to the minimum required to administer this section. Agency heads shall be responsible for ensuring that designated subordinate officials have a demonstrable and continuing need to exercise this authority. (2) Authority to originally classify information at the level designated as Top Secret (3) Authority to originally classify information at the level designated as Secret Confidential 50 U.S.C. 3161 Top Secret (4) Each delegation of original classification authority shall be in writing and the authority shall not be redelegated except as provided by paragraphs (1), (2), and (3). Each delegation shall identify the official by name or position title. (d) Training required (1) In general An individual may not be delegated original classification authority under this section unless the individual has first received training described in paragraph (2). (2) Training described Training described in this paragraph is training on original classification that includes instruction on the proper safeguarding of classified information and of the criminal, civil, and administrative sanctions that may be brought against an individual who fails to protect classified information from unauthorized disclosure. (e) Exceptional cases (1) In general When an employee, contractor, licensee, certificate holder, or grantee of an agency who does not have original classification authority originates information believed by that employee, contractor, licensee, certificate holder, or grantee to require classification, the information shall be protected in a manner consistent with Executive Order 13526 ( 50 U.S.C. 3161 (2) Transmittal An employee, contractor, licensee, certificate holder, or grantee described in paragraph (1), who originates information described in such paragraph, shall promptly transmit such information to— (A) the agency that has appropriate subject matter interest and classification authority with respect to this information; or (B) if it is not clear which agency has appropriate subject matter interest and classification authority with respect to the information, the Director of the Information Security Oversight Office. (3) Agency decisions An agency that receives information pursuant to paragraph (2)(A) or (4) shall decide within 30 days whether to classify this information. (4) Information Security Oversight Office action If the Director of the Information Security Oversight Office receives information under paragraph (2)(B), the Director shall determine the agency having appropriate subject matter interest and classification authority and forward the information, with appropriate recommendations, to that agency for a classification determination. 755. Promoting efficient declassification review (a) In general Whenever an agency is processing a request pursuant to section 552 of title 5, United States Code (commonly known as the Freedom of Information Act 50 U.S.C. 3161 (b) Application Subsection (a) shall apply— (1) regardless of whether or not the record described in such subsection is in the legal custody of the National Archives and Records Administration; and (2) without regard for any other provisions of law or existing agreements or practices between agencies. 756. Training to promote sensible classification (a) Definitions In this section: (1) Over-classification The term over-classification (2) Sensible classification The term sensible classification (b) Training required Each head of an agency with classification authority shall conduct training for employees of the agency with classification authority to discourage over-classification and to promote sensible classification. 757. Improvements to Public Interest Declassification Board Section 703 of the Public Interest Declassification Act of 2000 ( 50 U.S.C. 3355a (1) in subsection (c), by adding at the end the following: (5) A member of the Board whose term has expired may continue to serve until a successor is appointed and sworn in. ; and (2) in subsection (f)— (A) by inserting (1) Any employee (B) by adding at the end the following: (2) (A) In addition to any employees detailed to the Board under paragraph (1), the Board may hire not more than 12 staff members. (B) There are authorized to be appropriated to carry out subparagraph (A) such sums as are necessary for fiscal year 2024 and each fiscal year thereafter. . 758. Implementation of technology for classification and declassification (a) In general Not later than 1 year after the date of the enactment of this Act, the Administrator of the Office of Electronic Government (in this section referred to as the Administrator (1) research a technology-based solution— (A) utilizing machine learning and artificial intelligence to support efficient and effective systems for classification and declassification; and (B) to be implemented on an interoperable and federated basis across the Federal Government; and (2) submit to the President a recommendation regarding a technology-based solution described in paragraph (1) that should be adopted by the Federal Government. (b) Staff The Administrator may hire sufficient staff to carry out subsection (a). (c) Report Not later than 540 days after the date of the enactment of this Act, the President shall submit to Congress a classified report on the technology-based solution recommended by the Administrator under subsection (a)(2) and the President’s decision regarding its adoption. 759. Studies and recommendations on necessity of security clearances (a) Agency studies on necessity of security clearances (1) Studies required The head of each agency that grants security clearances to personnel of such agency shall conduct a study on the necessity of such clearances. (2) Reports required (A) In general Not later than 1 year after the date of the enactment of this Act, each head of an agency that conducts a study under paragraph (1) shall submit to Congress a report on the findings of the agency head with respect to such study, which the agency head may classify as appropriate. (B) Required elements Each report submitted by the head of an agency under subparagraph (A) shall include, for such agency, the following: (i) The number of personnel eligible for access to information up to the Top Secret (ii) The number of personnel eligible for access to information up to the Secret (iii) Information on any reduction in the number of personnel eligible for access to classified information based on the study conducted under paragraph (1). (iv) A description of how the agency head will ensure that the number of security clearances granted by such agency will be kept to the minimum required for the conduct of agency functions, commensurate with the size, needs, and mission of the agency. (3) Industry This subsection shall apply to the Secretary of Defense in the Secretary's capacity as the Executive Agent for the National Industrial Security Program, and the Secretary shall treat contractors, licensees, and grantees as personnel of the Department of Defense for purposes of the studies and reports required by this subsection. (b) Director of National Intelligence review of sensitive compartmented information The Director of National Intelligence shall— (1) review the number of personnel eligible for access to sensitive compartmented information; and (2) submit to Congress a report on how the Director will ensure that the number of such personnel is limited to the minimum required. (c) Agency review of special access programs Each head of an agency who is authorized to establish a special access program by Executive Order 13526 ( 50 U.S.C. 3161 (1) review the number of personnel of the agency eligible for access to such special access programs; and (2) submit to Congress a report on how the agency head will ensure that the number of such personnel is limited to the minimum required. (d) Secretary of Energy review of Q and L clearances The Secretary of Energy shall— (1) review the number of personnel of the Department of Energy granted Q and L access; and (2) submit to Congress a report on how the Secretary will ensure that the number of such personnel is limited to the minimum required (e) Independent reviews Not later than 180 days after the date on which a study is completed under subsection (a) or a review is completed under subsections (b) through (d), the Director of the Information Security Oversight Office of the National Archives and Records Administration, the Director of National Intelligence, and the Public Interest Declassification Board shall each review the study or review, as the case may be. VIII Security clearance and trusted workforce 801. Review of shared information technology services for personnel vetting Not later than 1 year after the date of the enactment of this Act, the Director of National Intelligence shall submit to the congressional intelligence committees a review of the extent to which the intelligence community can use information technology services shared among the intelligence community for purposes of personnel vetting, including with respect to human resources, suitability, and security. 802. Timeliness standard for rendering determinations of trust for personnel vetting (a) Timeliness standard (1) In general The President shall, acting through the Security Executive Agent and the Suitability and Credentialing Executive Agent, establish and publish in the Federal Register new timeliness performance standards for processing personnel vetting trust determinations in accordance with the Federal personnel vetting performance management standards. (2) Quinquennial reviews Not less frequently than once every 5 years, the President shall, acting through the Security Executive Agent and the Suitability and Credentialing Executive Agent— (A) review the standards established pursuant to paragraph (1); and (B) pursuant to such review— (i) update such standards as the President considers appropriate; and (ii) publish in the Federal Register such updates as may be made pursuant to clause (i). (3) Conforming amendment Section 3001 of the Intelligence Reform and Terrorism Prevention Act of 2004 ( 50 U.S.C. 3341 (b) Quarterly reports on implementation (1) In general Not less frequently than quarterly, the Security Executive Agent and the Suitability and Credentialing Executive Agent shall jointly make available to the public a quarterly report on the compliance of Executive agencies (as defined in section 105 of title 5, United States Code) with the standards established pursuant to subsection (a). (2) Disaggregation Each report made available pursuant to paragraph (1) shall disaggregate data by appropriate category of personnel risk and between Government and contractor personnel. (c) Complementary standards for intelligence community The Director of National Intelligence may, in consultation with the Security, Suitability, and Credentialing Performance Accountability Council established pursuant to Executive Order 13467 ( 50 U.S.C. 3161 803. Annual report on personnel vetting trust determinations (a) Definition of personnel vetting trust determination In this section, the term personnel vetting trust determination (b) Annual report Not later than March 30, 2024, and annually thereafter for 5 years, the Director of National Intelligence, acting as the Security Executive Agent, and the Director of the Office of Personnel Management, acting as the Suitability and Credentialing Executive Agent, in coordination with the Security, Suitability, and Credentialing Performance Accountability Council, shall jointly make available to the public a report on specific types of personnel vetting trust determinations made during the fiscal year preceding the fiscal year in which the report is made available, disaggregated by the following: (1) Determinations of eligibility for national security-sensitive positions, separately noting— (A) the number of individuals granted access to national security information; and (B) the number of individuals determined to be eligible for but not granted access to national security information. (2) Determinations of suitability or fitness for a public trust position. (3) Status as a Government employee, a contractor employee, or other category. (c) Elimination of report requirement Section 3001 of the Intelligence Reform and Terrorism Prevention Act of 2004 ( 50 U.S.C. 3341 804. Survey to assess strengths and weaknesses of Trusted Workforce 2.0 Not later than 1 year after the date of the enactment of this Act, and once every 2 years thereafter until 2029, the Comptroller General of the United States shall administer a survey to such sample of Federal agencies, Federal contractors, and other persons that require security clearances to access classified information as the Comptroller General considers appropriate to assess— (1) the strengths and weaknesses of the implementation of the Trusted Workforce 2.0 initiative; and (2) the effectiveness of vetting Federal personnel while managing risk during the onboarding of such personnel. 805. Prohibition on denial of eligibility for access to classified information solely because of past use of cannabis (a) Definitions In this section: (1) Cannabis The term cannabis marihuana 21 U.S.C. 802 (2) Eligibility for access to classified information The term eligibility for access to classified information 50 U.S.C. 3161(a) (b) Prohibition Notwithstanding any other provision of law, the head of an element of the intelligence community may not make a determination to deny eligibility for access to classified information to an individual based solely on the use of cannabis by the individual prior to the submission of the application for a security clearance by the individual. IX Anomalous health incidents 901. Improved funding flexibility for payments made by the Central Intelligence Agency for qualifying injuries to the brain Section 19A(d) of the Central Intelligence Agency Act of 1949 ( 50 U.S.C. 3519b(d) (3) Funding (A) In general Payment under paragraph (2) in a fiscal year may be made using any funds— (i) appropriated in advance specifically for payments under such paragraph; or (ii) reprogrammed in accordance with section 504 of the National Security Act of 1947 ( 50 U.S.C. 3094 (B) Budget For each fiscal year, the Director shall include with the budget justification materials submitted to Congress in support of the budget of the President for that fiscal year pursuant to section 1105(a) of title 31, United States Code, an estimate of the funds required in that fiscal year to make payments under paragraph (2). . 902. Clarification of requirements to seek certain benefits relating to injuries to the brain (a) In general Section 19A(d) of the Central Intelligence Agency Act of 1949 ( 50 U.S.C. 3519b(d) A covered dependent, covered employee, or covered individual shall not be required to seek any other benefit furnished by the United States Government to be eligible for the payment authorized under paragraph (2). (b) Regulations Not later than 90 days after the date of the enactment of this Act, the Director of the Central Intelligence Agency shall— (1) revise the regulations of the Expanded Care Program of the Central Intelligence Agency to conform with the amendment made by subsection (a); and (2) submit to the congressional intelligence committees copies of such regulations, as revised pursuant to paragraph (1). 903. Intelligence community implementation of HAVANA Act of 2021 authorities (a) Regulations Except as provided in subsection (c), not later than 180 days after the date of the enactment of this Act, each head of an element of the intelligence community that has not already done so shall— (1) issue regulations and procedures to implement the authorities provided by section 19A(d) of the Central Intelligence Agency Act of 1949 ( 50 U.S.C. 3519b(d) 22 U.S.C. 2680b(i) (2) submit to the congressional intelligence committees copies of such regulations. (b) Reporting Not later than 210 days after the date of the enactment of this Act, each head of an element of the intelligence community shall submit to the congressional intelligence committees a report on— (1) the estimated number of individuals associated with their element that may be eligible for payment under the authorities described in subsection (a)(1); (2) an estimate of the obligation that the head of the intelligence community element expects to incur in fiscal year 2025 as a result of establishing the regulations pursuant to subsection (a)(1); and (3) any perceived barriers or concerns in implementing such authorities. (c) Alternative reporting Not later than 180 days after the date of the enactment of this Act, each head of an element of the intelligence community (other than the Director of the Central Intelligence Agency) who believes that the authorities described in subsection (a)(1) are not currently relevant for individuals associated with their element, or who are not otherwise in position to issue the regulations and procedures required by subsection (a)(1) shall provide written and detailed justification to the congressional intelligence committees to explain this position. 904. Report and briefing on Central Intelligence Agency handling of anomalous health incidents (a) Definitions In this section: (1) Agency The term Agency (2) Qualifying injury The term qualifying injury 50 U.S.C. 3519b(d)(1) (b) In general Not later than 60 days after the date of the enactment of this Act, the Director of the Central Intelligence Agency shall submit to the congressional intelligence committees a report on the handling of anomalous health incidents by the Agency. (c) Contents The report required by subsection (b) shall include the following: (1) HAVANA Act implementation (A) An explanation of how the Agency determines whether a reported anomalous health incident resulted in a qualifying injury or a qualifying injury to the brain. (B) The number of participants of the Expanded Care Program of the Central Intelligence Agency who— (i) have a certified qualifying injury or a certified qualifying injury to the brain; and (ii) as of September 30, 2023, applied to the Expanded Care Program due to a reported anomalous health incident. (C) A comparison of the number of anomalous health incidents reported by applicants to the Expanded Care Program that occurred in the United States and that occurred in a foreign country. (D) The specific reason each applicant was approved or denied for payment under the Expanded Care Program. (E) The number of applicants who were initially denied payment but were later approved on appeal. (F) The average length of time, from the time of application, for an applicant to receive a determination from the Expanded Care Program, aggregated by qualifying injuries and qualifying injuries to the brain. (2) Priority cases (A) A detailed list of priority cases of anomalous health incidents, including, for each incident, locations, dates, times, and circumstances. (B) For each priority case listed in accordance with subparagraph (A), a detailed explanation of each credible alternative explanation that the Agency assigned to the incident, including— (i) how the incident was discovered; (ii) how the incident was assigned within the Agency; and (iii) whether an individual affected by the incident is provided an opportunity to appeal the credible alternative explanation. (C) For each priority case of an anomalous health incident determined to be largely consistent with the definition of anomalous health incident (3) Anomalous health incident sensors (A) A list of all types of sensors that the Agency has developed or deployed with respect to reports of anomalous health incidents, including, for each type of sensor, the deployment location, the date and the duration of the employment of such type of sensor, and, if applicable, the reason for removal. (B) A list of entities to which the Agency has provided unrestricted access to data associated with anomalous health incidents. (C) A list of requests for support the Agency has received from elements of the Federal Government regarding sensor development, testing, or deployment, and a description of the support provided in each case. (D) A description of all emitter signatures obtained by sensors associated with anomalous health incidents in Agency holdings since 2016, including— (i) the identification of any of such emitters that the Agency prioritizes as a threat; and (ii) an explanation of such prioritization. (d) Additional submissions Concurrent with the submission of the report required by subsection (b), the Director of the Central Intelligence Agency shall submit to the congressional intelligence committees— (1) a template of each form required to apply for the Expanded Care Program, including with respect to payments for a qualifying injury or a qualifying injury to the brain; (2) copies of internal guidance used by the Agency to adjudicate claims for the Expanded Care Program, including with respect to payments for a qualifying injury to the brain; (3) the case file of each applicant to the Expanded Care Program who applied due to a reported anomalous health incident, including supporting medical documentation, with name and other identifying information redacted; (4) copies of all informational and instructional materials provided to employees of and other individuals affiliated with the Agency with respect to applying for the Expanded Care Program; and (5) copies of Agency guidance provided to employees of and other individuals affiliated with the Agency with respect to reporting and responding to a suspected anomalous health incident, and the roles and responsibilities of each element of the Agency tasked with responding to a report of an anomalous health incident. (e) Briefing Not later than 90 days after the date of the enactment of this Act, the Director of the Central Intelligence Agency shall brief the congressional intelligence committees on the report. X Election security 1001. Strengthening Election Cybersecurity to Uphold Respect for Elections through Independent Testing Act of 2023 (a) Short title This section may be cited as the Strengthening Election Cybersecurity to Uphold Respect for Elections through Independent Testing Act of 2023 SECURE IT Act of 2023 (b) Requiring penetration testing as part of the testing and certification of voting systems Section 231 of the Help America Vote Act of 2002 ( 52 U.S.C. 20971 (e) Required penetration testing (1) In general Not later than 180 days after the date of the enactment of this subsection, the Commission shall provide for the conduct of penetration testing as part of the testing, certification, decertification, and recertification of voting system hardware and software by accredited laboratories under this section. (2) Accreditation The Director of the National Institute of Standards and Technology shall recommend to the Commission entities the Director proposes be accredited to carry out penetration testing under this subsection and certify compliance with the penetration testing-related guidelines required by this subsection. The Commission shall vote on the accreditation of any entity recommended. The requirements for such accreditation shall be a subset of the requirements for accreditation of laboratories under subsection (b) and shall only be based on consideration of an entity's competence to conduct penetration testing under this subsection. . (c) Independent security testing and coordinated cybersecurity vulnerability disclosure program for election systems (1) In general Subtitle D of title II of the Help America Vote Act of 2002 ( 42 U.S.C. 15401 et seq. 7 Independent security testing and coordinated cybersecurity vulnerability disclosure pilot program for election systems 297. Independent security testing and coordinated cybersecurity vulnerability disclosure pilot program for election systems (a) In general (1) Establishment The Commission, in consultation with the Secretary, shall establish an Independent Security Testing and Coordinated Vulnerability Disclosure Pilot Program for Election Systems (VDP–E) (in this section referred to as the program (2) Duration The program shall be conducted for a period of 5 years. (3) Requirements In carrying out the program, the Commission, in consultation with the Secretary, shall— (A) establish a mechanism by which an election systems vendor may make their election system (including voting machines and source code) available to cybersecurity researchers participating in the program; (B) provide for the vetting of cybersecurity researchers prior to their participation in the program, including the conduct of background checks; (C) establish terms of participation that— (i) describe the scope of testing permitted under the program; (ii) require researchers to— (I) notify the vendor, the Commission, and the Secretary of any cybersecurity vulnerability they identify with respect to an election system; and (II) otherwise keep such vulnerability confidential for 180 days after such notification; (iii) require the good-faith participation of all participants in the program; (iv) require an election system vendor, after receiving notification of a critical or high vulnerability (as defined by the National Institute of Standards and Technology) in an election system of the vendor, to— (I) send a patch or propound some other fix or mitigation for such vulnerability to the appropriate State and local election officials, in consultation with the researcher who discovered it; and (II) notify the Commission and the Secretary that such patch has been sent to such officials; (D) in the case where a patch or fix to address a vulnerability disclosed under subparagraph (C)(ii)(I) is intended to be applied to a system certified by the Commission, provide— (i) for the expedited review of such patch or fix within 90 days after receipt by the Commission; and (ii) if such review is not completed by the last day of such 90-day period, that such patch or fix shall be deemed to be certified by the Commission; and (E) 180 days after the disclosure of a vulnerability under subparagraph (C)(ii)(I), notify the Director of the Cybersecurity and Infrastructure Security Agency of the vulnerability for inclusion in the database of Common Vulnerabilities and Exposures. (4) Voluntary participation; safe harbor (A) Voluntary participation Participation in the program shall be voluntary for election systems vendors and researchers. (B) Safe harbor When conducting research under this program, such research and subsequent publication shall be considered to be: (i) Authorized in accordance with section 1030 of title 18, United States Code (commonly known as the Computer Fraud and Abuse Act (ii) Exempt from the anti-circumvention rule of section 1201 of title 17, United States Code (commonly known as the Digital Millennium Copyright Act (C) Rule of construction Nothing in this paragraph may be construed to limit or otherwise affect any exception to the general prohibition against the circumvention of technological measures under subparagraph (A) of section 1201(a)(1) of title 17, United States Code, including with respect to any use that is excepted from that general prohibition by the Librarian of Congress under subparagraphs (B) through (D) of such section 1201(a)(1). (5) Exempt from disclosure Cybersecurity vulnerabilities discovered under the program shall be exempt from section 552 of title 5, United States Code (commonly referred to as the Freedom of Information Act (6) Definitions In this subsection: (A) Cybersecurity vulnerability The term cybersecurity vulnerability (B) Election infrastructure The term election infrastructure (i) storage facilities, polling places, and centralized vote tabulation locations used to support the administration of elections for public office; and (ii) related information and communications technology, including— (I) voter registration databases; (II) election management systems; (III) voting machines; (IV) electronic mail and other communications systems (including electronic mail and other systems of vendors who have entered into contracts with election agencies to support the administration of elections, manage the election process, and report and display election results); and (V) other systems used to manage the election process and to report and display election results on behalf of an election agency. (C) Election system The term election system (D) Election system vendor The term election system vendor (E) Information system The term information system (F) Secretary The term Secretary (G) Security vulnerability The term security vulnerability 6 U.S.C. 1501 . (2) Clerical amendment The table of contents of such Act is amended by adding at the end of the items relating to subtitle D of title II the following: PART 7—Independent security testing and coordinated cybersecurity vulnerability disclosure program for election systems Sec. 297. Independent security testing and coordinated cybersecurity vulnerability disclosure program for election systems. . 1002. Protecting Ballot Measures from Foreign Influence Act of 2023 (a) Short title This section may be cited as the Protecting Ballot Measures from Foreign Influence Act of 2023 (b) In general Section 319(a)(1)(A) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30121(a)(1)(A) election (c) Effective date The amendment made by subsection (b) shall apply with respect to contributions and donations made on or after the date of enactment of this Act. XI Other matters 1101. Modification of reporting requirement for All-domain Anomaly Resolution Office Section 1683(k)(1) of the National Defense Authorization Act for Fiscal Year 2022 ( 50 U.S.C. 3373(k)(1) Public Law 117–263 (1) in the heading, by striking Director of National Intelligence and Secretary of Defense All-domain Anomaly Resolution Office (2) in subparagraph (A), by striking Director of National Intelligence and the Secretary of Defense shall jointly Director of the Office shall 1102. Modifications to notification on the provision of defense sensitive support (a) Modification of when notification is required Paragraph (3) of section 1055(b) of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 10 U.S.C. 113 (1) in the paragraph heading, by inserting and extraordinary security protections support (2) in the matter preceding subparagraph (A), by inserting or requires extraordinary security protections time-sensitive (3) in subparagraph (A), by inserting or after the activity supported concludes providing the support (4) in subparagraph (B)— (A) by inserting or after the activity supported concludes providing such support (B) by inserting or after the activity supported concludes providing the support (b) Exemption Such section is amended by adding at the end the following: (6) Exemption The requirements of this subsection shall not apply to the provision of defense sensitive support for travel of the following: (A) The Director of National Intelligence. (B) The Principal Deputy Director of National Intelligence. (C) The Director of the Central Intelligence Agency. (D) The Deputy Director of the Central Intelligence Agency. . 1103. Modification of congressional oversight of special access programs Section 3236 of the National Nuclear Security Administration Act ( 50 U.S.C. 2426 (1) by striking congressional defense committees appropriate congressional committees (2) by adding at the end the following subsection: (g) Appropriate congressional committees defined In this section, the term appropriate congressional committees (1) the congressional defense committees; (2) the Select Committee on Intelligence of the Senate; and (3) the Permanent Select Committee on Intelligence of the House of Representatives. . 1104. Funding limitations relating to unidentified anomalous phenomena (a) Definitions In this section: (1) Appropriate committees of Congress The term appropriate committees of Congress (A) the Select Committee on Intelligence, the Committee on Armed Services, and the Committee on Appropriations of the Senate; and (B) the Permanent Select Committee on Intelligence, the Committee on Armed Services, and the Committee on Appropriations of the House of Representatives. (2) Congressional leadership The term congressional leadership (A) the majority leader of the Senate; (B) the minority leader of the Senate; (C) the Speaker of the House of Representatives; and (D) the minority leader of the House of Representatives. (3) Director The term Director (4) Unidentified anomalous phenomena The term unidentified anomalous phenomena 50 U.S.C. 3373(n) Public Law 117–263 (b) Sense of Congress It is the sense of Congress that, due to the increasing potential for technology surprise from foreign adversaries and to ensure sufficient integration across the United States industrial base and avoid technology and security stovepipes— (1) the United States industrial base must retain its global lead in critical advanced technologies; and (2) the Federal Government must expand awareness about any historical exotic technology antecedents previously provided by the Federal Government for research and development purposes. (c) Limitations (1) In general No amount authorized to be appropriated or appropriated by this Act or any other Act may be obligated or expended, directly or indirectly, in part or in whole, for, on, in relation to, or in support of activities involving unidentified anomalous phenomena protected under any form of special access or restricted access limitations that have not been formally, officially, explicitly, and specifically described, explained, and justified to the appropriate committees of Congress, congressional leadership, and the Director, including for any activities relating to the following: (A) Recruiting, employing, training, equipping, and operations of, and providing security for, government or contractor personnel with a primary, secondary, or contingency mission of capturing, recovering, and securing unidentified anomalous phenomena craft or pieces and components of such craft. (B) Analyzing such craft or pieces or components thereof, including for the purpose of determining properties, material composition, method of manufacture, origin, characteristics, usage and application, performance, operational modalities, or reverse engineering of such craft or component technology. (C) Managing and providing security for protecting activities and information relating to unidentified anomalous phenomena from disclosure or compromise. (D) Actions relating to reverse engineering or replicating unidentified anomalous phenomena technology or performance based on analysis of materials or sensor and observational information associated with unidentified anomalous phenomena. (E) The development of propulsion technology, or aerospace craft that uses propulsion technology, systems, or subsystems, that is based on or derived from or inspired by inspection, analysis, or reverse engineering of recovered unidentified anomalous phenomena craft or materials. (F) Any aerospace craft that uses propulsion technology other than chemical propellants, solar power, or electric ion thrust. (2) Future appropriations Paragraph (1) shall apply with respect to an amount appropriated after the date of the enactment of this Act, unless such paragraph is specifically waived for such amount, or such amount is specifically exempted from such paragraph, by an Act enacted after the date of the enactment of this Act. (d) Notification and reporting Any person currently or formerly under contract with the Federal Government that has in their possession material or information provided by or derived from the Federal Government relating to unidentified anomalous phenomena that formerly or currently is protected by any form of special access or restricted access shall— (1) not later than 60 days after the date of the enactment of this Act, notify the Director of such possession; and (2) not later than 180 days after the date of the enactment of this Act, make available to the Director for assessment, analysis, and inspection— (A) all such material and information; and (B) a comprehensive list of all non-earth origin or exotic unidentified anomalous phenomena material. (e) Liability No criminal or civil action may lie or be maintained in any Federal or State court against any person for receiving material or information described in subsection (d) if that person complies with the notification and reporting provisions described in such subsection. (f) Limitation regarding independent research and development (1) In general Consistent with Department of Defense Instruction Number 3204.01 (dated August 20, 2014, incorporating change 2, dated July 9, 2020; relating to Department policy for oversight of independent research and development), independent research and development funding relating to material or information described in subsection (c) shall not be allowable as indirect expenses for purposes of contracts covered by such instruction, unless such material and information is made available to the Director in accordance with subsection (d). (2) Effective date and applicability Paragraph (1) shall take effect on the date that is 60 days after the date of the enactment of this Act and shall apply with respect to funding from amounts appropriated before, on, or after such date. (g) Notice to Congress Not later than 30 days after the date on which the Director has received a notification under paragraph (1) of subsection (d) or information or material under paragraph (2) of such subsection, the Director shall provide written notification of such receipt to the appropriate committees of Congress and congressional leadership. June 22, 2023 Read twice and placed on the calendar

Intelligence Authorization Act for Fiscal Year 2024

Shelter Act This bill allows individual and business taxpayers a new tax credit for 25% of qualified disaster mitigation expenditures. The credit is limited to $2,500 and $5,000 for individual taxpayers and business taxpayers respectively. The bill defines qualified disaster mitigation expenditures to include expenditures to modify or improve a dwelling unit located in an area in which a federal natural disaster declaration has been made within the preceding five-year period.

118 S2106 IS: Shelter Act U.S. Senate 2023-06-22 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 2106 IN THE SENATE OF THE UNITED STATES June 22, 2023 Mr. Bennet Mr. Cassidy Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to provide a credit against tax for disaster mitigation expenditures. 1. Short title This Act may be cited as the Shelter Act 2. Nonrefundable personal credit for disaster mitigation expenditures (a) In general Subpart A of part IV of subchapter A of chapter 1 25F. Disaster mitigation expenditures (a) Allowance of credit In the case of an individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to 25 percent of the qualified disaster mitigation expenditures made by the taxpayer during such taxable year. (b) Maximum credit (1) In general Subject to paragraphs (2) and (3), the credit allowed under subsection (a) for any taxable year shall not exceed $2,500. (2) Phaseout (A) In general The amount under paragraph (1) for the taxable year shall be reduced (but not below zero) by an amount which bears the same ratio to the amount under such paragraph as— (i) the amount (not less than zero) equal to the adjusted gross income of the taxpayer for such taxable year minus $100,000, bears to (ii) $50,000. (B) Inflation adjustment In the case of any taxable year after 2024, each of the dollar amounts under 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 calendar year 2023 calendar year 2016 (C) Rounding If any reduction determined under subparagraph (A) is not a multiple of $50, or any increase under subparagraph (B) is not a multiple of $50, such amount shall be rounded to the nearest multiple of $50. (3) Joint return If a joint return is filed by the taxpayer for any taxable year— (A) for purposes of determining the amount of any credit allowed under subsection (a) for such taxable year, the dollar amount under paragraph (1) shall be doubled, and (B) for purposes of determining the amount of any reduction under paragraph (2)(A) for any taxable year, the dollar amounts under such paragraph (after application of subparagraphs (B) and (C) of paragraph (2)) shall be doubled. (c) Definitions For purposes of this section— (1) Qualified disaster mitigation expenditure (A) In general The term qualified disaster mitigation expenditure (i) for property to— (I) improve the strength of a roof deck attachment, (II) create a secondary water barrier to prevent water intrusion or mitigate against potential water intrusion from wind-driven rain, (III) improve the durability, impact resistance (not less than class 3 or 4 rating), or fire resistance (not less than class A rating) of a roof covering, (IV) brace gable-end walls, (V) reinforce the connection between a roof and supporting wall, (VI) protect openings from penetration by wind-borne debris, (VII) protect exterior doors and garages from natural hazards, (VIII) complete measures contained in the publication of the Federal Emergency Management Agency entitled Wind Retrofit Guide for Residential Buildings (IX) elevate the qualified dwelling unit, as well as utilities, machinery, or equipment, above the base flood elevation or other applicable minimum elevation requirement, (X) seal walls in the basement of the qualified dwelling unit using waterproofing compounds, or (XI) protect propane tanks or other external fuel sources, (ii) to install— (I) check valves to prevent flood water from backing up into drains, (II) flood vents, breakaway walls or open lattice for homes located in V zones, (III) a stormwater drainage system or improve an existing system, (IV) natural or nature-based features for flood control, including living shorelines, (V) roof coverings, sheathing, flashing, roof and attic vents, eaves, or gutters that conform to ignition-resistant construction standards, (VI) wall components for wall assemblies that conform to ignition-resistant construction standards, (VII) a wall-to-foundation anchor or connector, or a shear transfer anchor or connector, (VIII) wood structural panel sheathing for strengthening cripple walls, (IX) anchorage of the masonry chimney to the framing, (X) prefabricated lateral resisting systems, (XI) a standby generator system consisting of a standby generator and an automatic transfer switch, (XII) a storm shelter that meets the design and construction standards established by the International Code Council and the National Storm Shelter Association (ICC–500), or a safe room that satisfies the criteria contained in— (aa) the publication of the Federal Emergency Management Agency entitled Safe Rooms for Tornadoes and Hurricanes (bb) the publication of the Federal Emergency Management Agency entitled Taking Shelter from the Storm (XIII) a lightning protection system, (XIV) exterior walls, doors, windows, or other exterior dwelling unit elements that conform to ignition-resistant construction standards, (XV) exterior deck or fence components that conform to ignition-resistant construction standards, (XVI) structure-specific water hydration systems, including fire mitigation systems such as interior and exterior sprinkler systems, (XVII) water capture and delivery systems to accommodate drought events or to decrease water use, including the design of such systems, (XVIII) flood openings for fully enclosed areas below the lowest floor of the dwelling unit, (XIX) lateral bracing for wall elements, foundation elements, and garage doors or other large openings to resist seismic loads, or (XX) automatic shutoff valves for water and gas lines, or (iii) for services or equipment to— (I) create buffers around the qualified dwelling unit through the removal or reduction of flammable vegetation, including vertical clearance of tree branches, (II) create buffers around the dwelling unit through— (aa) the removal of exterior deck or fence components or ignition-prone landscape features, or (bb) replacement of the components or features described in item (aa) with components or features that conform to ignition-resistant construction standards, (III) perform fire maintenance procedures identified by the Federal Emergency Management Agency or the United States Forest Service, including fuel management techniques such as creating fuel and fire breaks, (IV) gather and analyze water and weather data to better understand the local climate and drought history, (V) replace flammable vegetation with less flammable species, (VI) determine the risk of natural disasters which may occur in the area in which the qualified dwelling unit is located, or (VII) prevent smoke inhalation, such as air filters or other equipment designed to prevent smoke from entering the dwelling unit, (iv) for property relating to satisfying the standards required for receipt of a FORTIFIED designation from the Insurance Institute for Business and Home Safety, provided that the qualified dwelling unit receives such designation following installation of such property, or (v) for any other hazard mitigation activity which has been identified by the Secretary, in consultation with the Administrator of the Federal Emergency Management Agency, for mitigation of a natural hazard. (B) Exception The term qualified disaster mitigation expenditure (2) Qualified dwelling unit The term qualified dwelling unit (A) located— (i) in the United States or in a territory of the United States, and (ii) in an area— (I) in which a Federal natural disaster declaration has been made within the preceding 5-year period, (II) which is adjacent to an area described in subclause (I), (III) which, during the taxable year or the period of the 5 taxable years preceding such taxable year, has received hazard mitigation assistance through the Federal Emergency Management Agency in regard to any natural disaster which, with respect to the expenditure described in paragraph (1) which is made by the taxpayer, is applicable to such expenditure, or (IV) which, with respect to any taxable year, has been designated as a community disaster resilience zone (as defined in section 206(a) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5136(a) (B) used as a residence by the taxpayer. (d) Limitation (1) In general In the case of an expenditure described in clause (i) or (ii) of subsection (c)(1)(A), such expenditure shall be taken into account in determining the qualified disaster mitigation expenditures made by the taxpayer during the taxable year only if the onsite preparation, assembly, or original installation of the property with respect to which such expenditure is made has been completed in a manner that is deemed to be in compliance with the latest published editions of relevant consensus-based codes, specifications, and standards or any more restrictive Federal, State, or local floodplain management standards and consistent with floodplain management regulations for the local jurisdiction in which the qualified dwelling unit is located. (2) Latest published editions The term latest published editions (e) Labor costs For purposes of this section, expenditures for labor costs properly allocable to the onsite preparation, assembly, or original installation of the property described in clause (i) or (ii) of subsection (c)(1)(A) shall be taken into account in determining the qualified disaster mitigation expenditures made by the taxpayer during the taxable year. (f) Inspection costs For purposes of this section, expenditures for the cost of any inspection required under subsection (d) which is properly allocable to the inspection of the preparation, assembly, or installation of the property described in clause (i) or (ii) of subsection (c)(1)(A) shall be taken into account in determining the qualified disaster mitigation expenditures made by the taxpayer during the taxable year. (g) Carryforward of unused credit (1) In general If the credit allowable under subsection (a) for any taxable year exceeds the applicable tax limit for such taxable year, such excess shall be a carryover to each of the 5 succeeding taxable years and, subject to the limitations of paragraph (2), shall be added to the credit allowable by subsection (a) for such succeeding taxable year. (2) Limitation The amount of the unused credit which may be taken into account under paragraph (1) for any taxable year shall not exceed the amount (if any) by which the applicable tax limit for such taxable year exceeds the sum of— (A) the credit allowable under subsection (a) for such taxable year determined without regard to this subsection, and (B) the amounts which, by reason of this subsection, are carried to such taxable year and are attributable to taxable years before the unused credit year. (3) Applicable tax limit For purposes of this subsection, the term applicable tax limit (h) Documentation Any taxpayer claiming the credit under this section shall provide the Secretary with adequate documentation regarding the specific qualified disaster mitigation expenditures made by the taxpayer during the taxable year, as well as such other information or documentation as the Secretary may require. . (b) Conforming amendment The table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 25E the following new item: Sec. 25F. Disaster mitigation expenditures. . (c) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2023. 3. Business-related credit for disaster mitigation (a) In general Subpart D of part IV of subchapter A of chapter 1 45BB. Disaster mitigation credit (a) General rule For purposes of section 38, the disaster mitigation credit determined under this section for any taxable year is an amount equal to 25 percent of the qualified disaster mitigation expenditures made by the taxpayer during the taxable year. (b) Maximum credit (1) In general Subject to paragraph (2), the amount of the credit determined under subsection (a) for any taxable year shall not exceed $5,000. (2) Phaseout (A) In general The amount under paragraph (1) for the taxable year shall be reduced (but not below zero) by an amount which bears the same ratio to the amount under such paragraph as— (i) the amount (not less than zero) equal to the average gross receipts of the taxpayer over the 3 preceding taxable years minus $5,000,000, bears to (ii) $5,000,000. (B) Inflation adjustment In the case of any taxable year after 2024, each of the dollar amounts under 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 calendar year 2023 calendar year 2016 (C) Rounding If any reduction determined under subparagraph (A) is not a multiple of $50, or any increase under subparagraph (B) is not a multiple of $50, such amount shall be rounded to the nearest multiple of $50. (c) Qualified disaster mitigation expenditure (1) In general For purposes of this section, the term qualified disaster mitigation expenditure place of business qualified dwelling unit (2) Place of business For purposes of this section, an expenditure shall not be treated as a qualified disaster mitigation expenditure (as defined in paragraph (1)) unless the taxpayer's place of business is located— (A) in the United States or in a territory of the United States, and (B) in an area— (i) in which a Federal natural disaster declaration has been made within the preceding 5-year period, (ii) which is adjacent to an area described in clause (i), (iii) which, during the taxable year or the period of the 5 taxable years preceding such taxable year, has received hazard mitigation assistance through the Federal Emergency Management Agency in regard to any natural disaster which, with respect to the expenditure described in section 25F(c)(1) which is made by the taxpayer, is applicable to such expenditure, or (iv) which, with respect to any taxable year, has been designated as a community disaster resilience zone (as defined in section 206(a) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5136(a) (d) Special rules Rules similar to the rules of subsections (d) through (g) of section 25F shall apply for purposes of this section. (e) No double benefit No credit shall be determined under this section with respect to any expenditures for which a credit was allowed under section 25F. . (b) Conforming amendments (1) Section 38(b) of such Code is amended by striking plus , plus (42) the disaster mitigation credit determined under section 45BB(a). . (2) The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 45AA the following new item: Sec. 45BB. Disaster mitigation credit. . (c) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2023.

Shelter Act

Flood Insurance Transparency Act of 2023 This bill requires the Federal Emergency Management Agency (FEMA) make publicly available all data, models, assessments, analytical tools, and other information relating to the National Flood Insurance Program that is used in assessing flood risk or identifying and establishing flood elevations and premiums. This includes data relating to the risks of individual properties, loss ratio information, and current and historical policy and claims information. To accomplish this, FEMA must establish an open source data system through which all such information may be electronically accessed by the public. Further, FEMA must establish a public database that provides information regarding each community participating in the program.

118 S2108 IS: Flood Insurance Transparency Act of 2023 U.S. Senate 2023-06-22 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 2108 IN THE SENATE OF THE UNITED STATES June 22, 2023 Mr. Scott of Florida Committee on Banking, Housing, and Urban Affairs A BILL To amend the National Flood Insurance Act of 1968 to require that certain information is made publicly available, and for other purposes. 1. Short title This Act may be cited as the Flood Insurance Transparency Act of 2023 2. Public availability of program information Part C of chapter II of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4081 et seq. 1349. Public availability of program information (a) Definitions In this section— (1) the term loss ratio (2) the term multiple-loss property (A) a repetitive loss structure; or (B) a severe repetitive loss structure, as that term is defined in section 1366(h). (b) Flood risk information (1) In general To facilitate the national flood insurance program becoming a source of information and data for research and development of technology that better understands flooding, the risk of flooding, and the predictability of the perils of flooding, the Administrator shall make publicly available all data, models, assessments, analytical tools, and other information in the possession of the Administrator relating to that program under this title that is used in assessing flood risk or identifying and establishing flood elevations and premiums, including— (A) data relating to risk on individual properties, loss ratio information, and other information identifying losses under that program; (B) current and historical policy information, limited to the amount and term only, for properties covered by flood insurance under the national flood insurance program (as of the date on which the information is made available) and for properties that are no longer covered by flood insurance under the national flood insurance program (as of the date on which the information is made available); (C) current and historical claims information, limited to the date and amount paid only, for properties covered by flood insurance under the national flood insurance program (as of the date on which the information is made available) and for properties that are no longer covered by flood insurance under the national flood insurance program (as of the date on which the information is made available); (D) identification of whether a property was constructed before or after the effective date of the first flood insurance rate map for the community in which that property is located; (E) identification of properties that have been mitigated through elevation, a buyout, or any other mitigation action; and (F) identification of multiple-loss properties with respect to which mitigation measures have not been undertaken. (2) Open source data system In carrying out paragraph (1), the Administrator shall establish an open source data system by which all information required to be made publicly available by that paragraph may be accessed by the public on an immediate basis by electronic means. (c) Community information Not later than 1 year after the date of enactment of this section, the Administrator shall establish and maintain a publicly searchable database that provides information about each community participating in the national flood insurance program, which shall include the following information: (1) The status of the compliance by that community with the requirements of that program, including any findings of noncompliance, the status of any enforcement actions initiated by a State or by the Administrator, and the number of days of any such continuing noncompliance. (2) The number of properties located in areas having special flood hazards in the community that were built before the effective date of the first flood insurance rate map for the community. (3) The number of properties located in areas having special flood hazards in the community that were built after the effective date of the first flood insurance rate map for the community. (4) The total number of current and historical claims located outside areas having special flood hazards in the community. (5) The total number of multiple-loss properties in the community. (6) The portion of the community, stated as a percentage and in terms of square miles, that is located within areas having special flood hazards. (d) Identification of properties The information provided pursuant to subsections (b) and (c) shall— (1) be based on data that identifies properties at the zip code or census block level; and (2) with respect to a property, include the name of the community and State in which the property is located. (e) Protection of personally identifiable information The information provided pursuant to subsections (b) and (c) shall be disclosed in a format that does not reveal individually identifiable information about property owners in accordance with section 552a of title 5, United States Code. .

Flood Insurance Transparency Act of 2023

Flood Insurance Consumer Choice Act of 2023 This bill directs the Federal Emergency Management Agency (FEMA) to consider any period during which a property was continuously covered by private flood insurance to be a period of continuous insurance coverage, including for the purposes of National Flood Insurance Program subsidies.

118 S2110 IS: Flood Insurance Consumer Choice Act of 2023 U.S. Senate 2023-06-22 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 2110 IN THE SENATE OF THE UNITED STATES June 22, 2023 Mr. Scott of Florida Committee on Banking, Housing, and Urban Affairs A BILL To allow National Flood Insurance Program policyholders who leave the program to purchase a private insurance flood policy to return to the National Flood Insurance Program without penalty, and for other purposes. 1. Short title This Act may be cited as the Flood Insurance Consumer Choice Act of 2023 2. Effect of private flood insurance coverage on continuous coverage requirements Section 1308 of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4015 (n) Effect of private flood insurance coverage on continuous coverage requirements For purposes of applying any statutory, regulatory, or administrative continuous coverage requirement, including under section 1307(g)(1), the Administrator shall consider any period during which a property was continuously covered by a flood insurance policy through the private market that was used to satisfy the requirements under section 102(a) of the Flood Disaster Protection Act of 1973 ( 42 U.S.C. 4012a(a) .

Flood Insurance Consumer Choice Act of 2023

Taxpayer Notification and Privacy Act of 2023 This bill modifies requirements for notifying a taxpayer of information that the Internal Revenue Service is seeking from third parties for tax administration purposes. Specifically it requires the notice to identify each specific item of information sought, extends the period during which the taxpayer must be notified, and gives the taxpayer a 45-days period during which the taxpayer may respond to the notice.

118 S2111 IS: Taxpayer Notification and Privacy Act of 2023 U.S. Senate 2023-06-22 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 2111 IN THE SENATE OF THE UNITED STATES June 22, 2023 Mr. Barrasso Mr. Cardin Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to require the Internal Revenue Service to notify taxpayers of specific information being sought from third parties for purposes of tax administration, and for other purposes. 1. Short title This Act may be cited as the Taxpayer Notification and Privacy Act of 2023 2. Specificity of taxpayer notice (a) In general Paragraph (1) of section 7602(c) (1) by striking and (2) by redesignating subparagraph (B) as subparagraph (C) and by inserting after subparagraph (A) the following new subparagraph: (B) identifies each specific item of information, and any specific source or medium for such information, intended to be sought from such persons, , (3) by striking the period at the end of subparagraph (C), as so redesignated, and inserting , and (4) by adding at the end the following new subparagraph: (D) provides the taxpayer with reasonable opportunity and a period of not less than 45 days (or more, if the taxpayer requests additional time and shows reasonable cause) before the beginning of such period to respond, including by providing the information described in subparagraph (B) before contact is made with the persons described in subparagraphs (A) and (B). . (b) Time for notification Subparagraph (C) of section 7602(c)(1) 45 days before the beginning of such period 60 days before the intended beginning of such period (without regard to any additional time which may be granted under subparagraph (D)) (c) Effective date The amendments made by this section shall apply to notices provided under section 7602(c)

Taxpayer Notification and Privacy Act of 2023

Foreign Adversary Communications Transparency Act This bill requires the Federal Communications Commission (FCC) to annually publish a list of entities that hold a license or other authorization granted by the FCC and have ties to specified countries. An entity must be listed if the government of China, Cuba, Iran, North Korea, Russia, or Venezuela (or an organization subject to the jurisdiction of any of those governments) owns an equity interest in the entity. The FCC may list additional entities that do not meet these requirements after consulting with an appropriate national security agency.

118 S2114 IS: Foreign Adversary Communications Transparency Act U.S. Senate 2023-06-22 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 2114 IN THE SENATE OF THE UNITED STATES June 22, 2023 Mr. Rubio Committee on Commerce, Science, and Transportation A BILL To direct the Federal Communications Commission to publish a list of entities that hold authorizations, licenses, or other grants of authority issued by the Commission and that have certain foreign ownership, and for other purposes. 1. Short title This Act may be cited as the Foreign Adversary Communications Transparency Act 2. List of entities holding FCC authorizations, licenses, or other grants of authority and having certain foreign ownership (a) Definitions In this section: (1) Appropriate national security agency The term appropriate national security agency 47 U.S.C. 1608 (2) Commission The term Commission (3) Covered country The term covered country (A) the People’s Republic of China; (B) Russia; (C) Iran; (D) North Korea; (E) Cuba; and (F) Venezuela. (4) Covered entity The term covered entity (A) the government of a covered country; (B) an entity organized under the laws of a covered country or otherwise subject to the jurisdiction of the government of a covered country; and (C) a subsidiary or affiliate of an entity described in subparagraph (B) that is not organized under the laws of a covered country or otherwise subject to the jurisdiction of the government of a covered country. (b) Publication of list Not later than 120 days after the date of enactment of this Act, the Commission shall publish on the internet website of the Commission a list of each entity— (1) that holds— (A) an authorization issued by the Commission; (B) a license issued by the Commission; or (C) any other grant of authority issued by the Commission; and (2) either— (A) any of the equity interest (or equivalent thereof) of which is owned by a covered entity; or (B) that is not covered by subparagraph (A) but that the Commission, in consultation with an appropriate national security agency, considers appropriate. (c) Annual updates The Commission shall update the list published under subsection (b) not less frequently than annually.

Foreign Adversary Communications Transparency Act

Firefighter Cancer Registry Reauthorization Act of 2023 This bill reauthorizes through FY2028 the National Firefighter Registry. This is a voluntary registry maintained by the National Institute of Occupational Safety & Health that collects relevant health and occupational information to better understand and reduce cancers among firefighters.

118 S2119 IS: Firefighter Cancer Registry Reauthorization Act of 2023 U.S. Senate 2023-06-22 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 2119 IN THE SENATE OF THE UNITED STATES June 22, 2023 Mr. Menendez Ms. Murkowski Ms. Klobuchar Mrs. Fischer Mr. Tester Mr. Rubio Mr. Brown Committee on Health, Education, Labor, and Pensions A BILL To reauthorize the Firefighter Cancer Registry Act of 2018. 1. Short title This Act may be cited as the Firefighter Cancer Registry Reauthorization Act of 2023 2. Reauthorization of voluntary registry for firefighter cancer incidence Section 2(h) of the Firefighter Cancer Registry Act of 2018 ( 42 U.S.C. 280e–5(h) $2,500,000 for each of the fiscal years 2018 through 2022 $5,500,000 for each of fiscal years 2024 through 2028

Firefighter Cancer Registry Reauthorization Act of 2023

Military Construction, Veterans Affairs, and Related Agencies Appropriations Act, 2024 This bill provides FY2024 appropriations for military construction, the Department of Veterans Affairs (VA), and related agencies. The bill provides appropriations to the Department of Defense (DOD) for military construction for the Army; the Navy and Marine Corps; the Air Force; Defense-wide agencies and activities; the Army and Air National Guard; and the Army, Navy, and Air Force Reserves. The bill also provides appropriations to DOD for the North Atlantic Treaty Organization (NATO) Security Investment Program; the Base Closure Account; Construction and Operation and Maintenance of Family Housing for the Army, the Navy and Marine Corps, the Air Force, and Defense-wide agencies and activities; the Family Housing Improvement Fund; and the Military Unaccompanied Housing Improvement Fund. Within the VA budget, the bill provides appropriations for the Veterans Benefits Administration, the Veterans Health Administration, the National Cemetery Administration, and Departmental Administration. The bill provides appropriations for related agencies and programs, including the American Battle Monuments Commission, the U.S. Court of Appeals for Veterans Claims, Cemeterial Expenses of the Army, and the Armed Forces Retirement Home. The bill also sets forth requirements and restrictions for using funds provided by this and other appropriations acts.

118 S2127 RS: Military Construction, Veterans Affairs, and Related Agencies Appropriations Act, 2024 U.S. Senate 2023-06-22 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II Calendar No. 110 118th CONGRESS 1st Session S. 2127 [Report No. 118–43] IN THE SENATE OF THE UNITED STATES June 22, 2023 Mrs. Murray Committee on Appropriations A BILL Making appropriations for military construction, the Department of Veterans Affairs, and related agencies for the fiscal year ending September 30, 2024, and for other purposes. That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for military construction, the Department of Veterans Affairs, and related agencies for the fiscal year ending September 30, 2024, and for other purposes, namely: I DEPARTMENT OF DEFENSE Military construction, army For acquisition, construction, installation, and equipment of temporary or permanent public works, military installations, facilities, and real property for the Army as currently authorized by law, including personnel in the Army Corps of Engineers and other personal services necessary for the purposes of this appropriation, and for construction and operation of facilities in support of the functions of the Commander in Chief, $1,876,875,000, to remain available until September 30, 2028: Provided, Provided further, Military construction, navy and marine corps For acquisition, construction, installation, and equipment of temporary or permanent public works, naval installations, facilities, and real property for the Navy and Marine Corps as currently authorized by law, including personnel in the Naval Facilities Engineering Command and other personal services necessary for the purposes of this appropriation, $6,046,309,000, to remain available until September 30, 2028: Provided, Provided further, Military construction, air force For acquisition, construction, installation, and equipment of temporary or permanent public works, military installations, facilities, and real property for the Air Force as currently authorized by law, $2,802,924,000, to remain available until September 30, 2028: Provided, Provided further, Military construction, defense-Wide (INCLUDING TRANSFER OF FUNDS) For acquisition, construction, installation, and equipment of temporary or permanent public works, installations, facilities, and real property for activities and agencies of the Department of Defense (other than the military departments), as currently authorized by law, $3,132,782,000, to remain available until September 30, 2028: Provided, Provided further, Provided further, Military construction, army national guard For construction, acquisition, expansion, rehabilitation, and conversion of facilities for the training and administration of the Army National Guard, and contributions therefor, as authorized by chapter 1803 Provided, Provided further, Military construction, air national guard For construction, acquisition, expansion, rehabilitation, and conversion of facilities for the training and administration of the Air National Guard, and contributions therefor, as authorized by chapter 1803 Provided, Provided further, Military construction, army reserve For construction, acquisition, expansion, rehabilitation, and conversion of facilities for the training and administration of the Army Reserve as authorized by chapter 1803 Provided, Provided further, Military construction, navy reserve For construction, acquisition, expansion, rehabilitation, and conversion of facilities for the training and administration of the reserve components of the Navy and Marine Corps as authorized by chapter 1803 Provided, Military construction, air force reserve For construction, acquisition, expansion, rehabilitation, and conversion of facilities for the training and administration of the Air Force Reserve as authorized by chapter 1803 Provided, Provided further, North atlantic treaty organization Security investment program For the United States share of the cost of the North Atlantic Treaty Organization Security Investment Program for the acquisition and construction of military facilities and installations (including international military headquarters) and for related expenses for the collective defense of the North Atlantic Treaty Area as authorized by section 2806 of title 10, United States Code, and Military Construction Authorization Acts, $293,434,000, to remain available until expended. Department of defense base closure account For deposit into the Department of Defense Base Closure Account, established by section 2906(a) of the Defense Base Closure and Realignment Act of 1990 ( 10 U.S.C. 2687 Family housing construction, army For expenses of family housing for the Army for construction, including acquisition, replacement, addition, expansion, extension, and alteration, as authorized by law, $304,895,000, to remain available until September 30, 2028. Family housing operation and maintenance, army For expenses of family housing for the Army for operation and maintenance, including debt payment, leasing, minor construction, principal and interest charges, and insurance premiums, as authorized by law, $385,485,000. Family housing construction, navy and marine corps For expenses of family housing for the Navy and Marine Corps for construction, including acquisition, replacement, addition, expansion, extension, and alteration, as authorized by law, $277,142,000, to remain available until September 30, 2028. Family housing operation and maintenance, navy and marine corps For expenses of family housing for the Navy and Marine Corps for operation and maintenance, including debt payment, leasing, minor construction, principal and interest charges, and insurance premiums, as authorized by law, $363,854,000. Family housing construction, air force For expenses of family housing for the Air Force for construction, including acquisition, replacement, addition, expansion, extension, and alteration, as authorized by law, $237,097,000, to remain available until September 30, 2028. Family housing operation and maintenance, air force For expenses of family housing for the Air Force for operation and maintenance, including debt payment, leasing, minor construction, principal and interest charges, and insurance premiums, as authorized by law, $314,386,000. Family housing operation and maintenance, defense-Wide For expenses of family housing for the activities and agencies of the Department of Defense (other than the military departments) for operation and maintenance, leasing, and minor construction, as authorized by law, $50,785,000. Department of defense Family housing improvement fund For the Department of Defense Family Housing Improvement Fund, $6,611,000, to remain available until expended, for family housing initiatives undertaken pursuant to section 2883 of title 10, United States Code, providing alternative means of acquiring and improving military family housing and supporting facilities. Department of defense Military unaccompanied housing improvement fund For the Department of Defense Military Unaccompanied Housing Improvement Fund, $496,000, to remain available until expended, for unaccompanied housing initiatives undertaken pursuant to section 2883 of title 10, United States Code, providing alternative means of acquiring and improving military unaccompanied housing and supporting facilities. Administrative provisions 101. None of the funds made available in this title shall be expended for payments under a cost-plus-a-fixed-fee contract for construction, where cost estimates exceed $25,000, to be performed within the United States, except Alaska, without the specific approval in writing of the Secretary of Defense setting forth the reasons therefor. 102. Funds made available in this title for construction shall be available for hire of passenger motor vehicles. 103. Funds made available in this title for construction may be used for advances to the Federal Highway Administration, Department of Transportation, for the construction of access roads as authorized by section 210 of title 23, United States Code, when projects authorized therein are certified as important to the national defense by the Secretary of Defense. 104. None of the funds made available in this title may be used to begin construction of new bases in the United States for which specific appropriations have not been made. 105. None of the funds made available in this title shall be used for purchase of land or land easements in excess of 100 percent of the value as determined by the Army Corps of Engineers or the Naval Facilities Engineering Command, except: (1) where there is a determination of value by a Federal court; (2) purchases negotiated by the Attorney General or the designee of the Attorney General; (3) where the estimated value is less than $25,000; or (4) as otherwise determined by the Secretary of Defense to be in the public interest. 106. None of the funds made available in this title shall be used to: (1) acquire land; (2) provide for site preparation; or (3) install utilities for any family housing, except housing for which funds have been made available in annual Acts making appropriations for military construction. 107. None of the funds made available in this title for minor construction may be used to transfer or relocate any activity from one base or installation to another, without prior notification to the Committees on Appropriations of both Houses of Congress. 108. None of the funds made available in this title may be used for the procurement of steel for any construction project or activity for which American steel producers, fabricators, and manufacturers have been denied the opportunity to compete for such steel procurement. 109. None of the funds available to the Department of Defense for military construction or family housing during the current fiscal year may be used to pay real property taxes in any foreign nation. 110. None of the funds made available in this title may be used to initiate a new installation overseas without prior notification to the Committees on Appropriations of both Houses of Congress. 111. None of the funds made available in this title may be obligated for architect and engineer contracts estimated by the Government to exceed $500,000 for projects to be accomplished in Japan, in any North Atlantic Treaty Organization member country, or in countries bordering the Arabian Gulf, unless such contracts are awarded to United States firms or United States firms in joint venture with host nation firms. 112. None of the funds made available in this title for military construction in the United States territories and possessions in the Pacific and on Kwajalein Atoll, or in countries bordering the Arabian Gulf, may be used to award any contract estimated by the Government to exceed $1,000,000 to a foreign contractor: Provided, Provided further, 113. The Secretary of Defense shall inform the appropriate committees of both Houses of Congress, including the Committees on Appropriations, of plans and scope of any proposed military exercise involving United States personnel 30 days prior to its occurring, if amounts expended for construction, either temporary or permanent, are anticipated to exceed $100,000. 114. Funds appropriated to the Department of Defense for construction in prior years shall be available for construction authorized for each such military department by the authorizations enacted into law during the current session of Congress. 115. For military construction or family housing projects that are being completed with funds otherwise expired or lapsed for obligation, expired or lapsed funds may be used to pay the cost of associated supervision, inspection, overhead, engineering and design on those projects and on subsequent claims, if any. 116. Notwithstanding any other provision of law, any funds made available to a military department or defense agency for the construction of military projects may be obligated for a military construction project or contract, or for any portion of such a project or contract, at any time before the end of the fourth fiscal year after the fiscal year for which funds for such project were made available, if the funds obligated for such project: (1) are obligated from funds available for military construction projects; and (2) do not exceed the amount appropriated for such project, plus any amount by which the cost of such project is increased pursuant to law. (INCLUDING TRANSFER OF FUNDS) 117. Subject to 30 days prior notification, or 14 days for a notification provided in an electronic medium pursuant to sections 480 and 2883 of title 10, United States Code, to the Committees on Appropriations of both Houses of Congress, such additional amounts as may be determined by the Secretary of Defense may be transferred to: (1) the Department of Defense Family Housing Improvement Fund from amounts appropriated for construction in Family Housing Military Construction Provided, chapter 169 (INCLUDING TRANSFER OF FUNDS) 118. In addition to any other transfer authority available to the Department of Defense, amounts may be transferred from the Department of Defense Base Closure Account to the fund established by section 1013(d) of the Demonstration Cities and Metropolitan Development Act of 1966 ( 42 U.S.C. 3374 42 U.S.C. 3374(a)(1)(A) 119. Notwithstanding any other provision of law, funds made available in this title for operation and maintenance of family housing shall be the exclusive source of funds for repair and maintenance of all family housing units, including general or flag officer quarters: Provided, Provided further, 120. Amounts contained in the Ford Island Improvement Account established by subsection (h) of section 2814 of title 10, United States Code, are appropriated and shall be available until expended for the purposes specified in subsection (i)(1) of such section or until transferred pursuant to subsection (i)(3) of such section. (INCLUDING TRANSFER OF FUNDS) 121. During the 5-year period after appropriations available in this Act to the Department of Defense for military construction and family housing operation and maintenance and construction have expired for obligation, upon a determination that such appropriations will not be necessary for the liquidation of obligations or for making authorized adjustments to such appropriations for obligations incurred during the period of availability of such appropriations, unobligated balances of such appropriations may be transferred into the appropriation Foreign Currency Fluctuations, Construction, Defense (INCLUDING TRANSFER OF FUNDS) 122. Amounts appropriated or otherwise made available in an account funded under the headings in this title may be transferred among projects and activities within the account in accordance with the reprogramming guidelines for military construction and family housing construction contained in Department of Defense Financial Management Regulation 7000.14–R, Volume 3, Chapter 7, of March 2011, as in effect on the date of enactment of this Act. 123. None of the funds made available in this title may be obligated or expended for planning and design and construction of projects at Arlington National Cemetery. 124. For an additional amount for the accounts and in the amounts specified, to remain available until September 30, 2028: Military Construction, Army Military Construction, Navy and Marine Corps Military Construction, Air Force Military Construction, Defense-Wide Military Construction, Army National Guard Military Construction, Air National Guard Military Construction, Army Reserve Provided, Provided further, Provided further, 125. All amounts appropriated to the Department of Defense—Military Construction, Army Department of Defense—Military Construction, Navy and Marine Corps Department of Defense—Military Construction, Air Force Department of Defense—Military Construction, Defense-Wide 126. Notwithstanding section 116 of this Act, funds made available in this Act or any available unobligated balances from prior appropriations Acts may be obligated before October 1, 2025 for fiscal year 2017, 2018, and 2019 military construction projects for which project authorization has not lapsed or for which authorization is extended for fiscal year 2024 by a National Defense Authorization Act: Provided, 127. For the purposes of this Act, the term congressional defense committees 128. For an additional amount for the accounts and in the amounts specified for planning and design and unspecified minor construction, for improving military installation resilience, to remain available until September 30, 2028: Military Construction, Army Military Construction, Navy and Marine Corps Military Construction, Air Force Provided, Provided further, 129. For an additional amount for Military Construction, Air Force Provided, 130. For an additional amount for the accounts and in the amounts specified for planning and design and authorized major construction projects, for child development centers, to remain available until September 30, 2028: Military Construction, Army Military Construction, Navy and Marine Corps Military Construction, Air Force Provided, 131. For an additional amount for Military Construction, Air National Guard Provided, 132. For an additional amount for Military Construction, Air Force Provided, (INCLUDING TRANSFER OF FUNDS) 133. Of the proceeds credited to the Department of Defense Family Housing Improvement Fund pursuant to subsection (c)(1)(D) of section 2883 of title 10, United States Code, pursuant to a Department of Navy investment, the Secretary of Defense shall transfer $18,800,000 to the Secretary of the Navy under paragraph (3) of subsection (d) of such section for use by the Secretary of the Navy as provided in paragraph (1) of such subsection until expended. 134. For an additional amount for the accounts and in the amounts specified for authorized major construction projects, to remain available until September 30, 2028: Military Construction, Navy Military Construction, Defense-Wide Provided, 135. None of the funds made available by this Act may be used to carry out the closure or realignment of the United States Naval Station, Guantánamo Bay, Cuba. II DEPARTMENT OF VETERANS AFFAIRS Veterans benefits administration COMPENSATION AND PENSIONS (INCLUDING TRANSFER OF FUNDS) For the payment of compensation benefits to or on behalf of veterans and a pilot program for disability examinations as authorized by section 107 and chapters 11, 13, 18, 51, 53, 55, and 61 of title 38, United States Code; pension benefits to or on behalf of veterans as authorized by chapters 15, 51, 53, 55, and 61 of title 38, United States Code; and burial benefits, the Reinstated Entitlement Program for Survivors, emergency and other officers' retirement pay, adjusted-service credits and certificates, payment of premiums due on commercial life insurance policies guaranteed under the provisions of title IV of the Servicemembers Civil Relief Act (50 U.S.C. App. 541 et seq.) and for other benefits as authorized by sections 107, 1312, 1977, and 2106, and chapters 23, 51, 53, 55, and 61 of title 38, United States Code, $4,655,879,000, which shall be in addition to funds previously appropriated under this heading that become available on October 1, 2023, to remain available until expended; and, in addition, $181,390,281,000, which shall become available on October 1, 2024, to remain available until expended: Provided, General Operating Expenses, Veterans Benefits Administration Information Technology Systems Compensation and Pensions Provided further, Medical Care Collections Fund READJUSTMENT BENEFITS For the payment of readjustment and rehabilitation benefits to or on behalf of veterans as authorized by chapters 21, 30, 31, 33, 34, 35, 36, 39, 41, 51, 53, 55, and 61 of title 38, United States Code, $11,523,134,000, which shall become available on October 1, 2024, to remain available until expended: Provided, VETERANS INSURANCE AND INDEMNITIES For military and naval insurance, national service life insurance, servicemen's indemnities, service-disabled veterans insurance, and veterans mortgage life insurance as authorized by chapters 19 and 21 of title 38, United States Code, $12,701,000, which shall be in addition to funds previously appropriated under this heading that become available on October 1, 2023, to remain available until expended; and, in addition, $135,119,422, which shall become available on October 1, 2024, to remain available until expended. VETERANS HOUSING BENEFIT PROGRAM FUND For the cost of direct and guaranteed loans, such sums as may be necessary to carry out the program, as authorized by subchapters I through III of chapter 37 Provided, Provided further, In addition, for administrative expenses to carry out the direct and guaranteed loan programs, $316,742,419. VOCATIONAL REHABILITATION LOANS PROGRAM ACCOUNT For the cost of direct loans, $78,337, as authorized by chapter 31 Provided, Provided further, In addition, for administrative expenses necessary to carry out the direct loan program, $460,698, which may be paid to the appropriation for General Operating Expenses, Veterans Benefits Administration NATIVE AMERICAN VETERAN HOUSING LOAN PROGRAM ACCOUNT For administrative expenses to carry out the direct loan program authorized by subchapter V of chapter 37 GENERAL OPERATING EXPENSES, VETERANS BENEFITS ADMINISTRATION For necessary operating expenses of the Veterans Benefits Administration, not otherwise provided for, including hire of passenger motor vehicles, reimbursement of the General Services Administration for security guard services, and reimbursement of the Department of Defense for the cost of overseas employee mail, $3,899,000,000: Provided, Provided further, Veterans health administration MEDICAL SERVICES For necessary expenses for furnishing, as authorized by law, inpatient and outpatient care and treatment to beneficiaries of the Department of Veterans Affairs and veterans described in section 1705(a) of title 38, United States Code, including care and treatment in facilities not under the jurisdiction of the Department, and including medical supplies and equipment, bioengineering services, food services, and salaries and expenses of healthcare employees hired under title 38, United States Code, assistance and support services for caregivers as authorized by section 1720G of title 38, United States Code, loan repayments authorized by section 604 of the Caregivers and Veterans Omnibus Health Services Act of 2010 ( Public Law 111–163 38 U.S.C. 7681 Provided, Provided further Public Law 117–328 Provided further, Provided further, Provided further, Provided further, Provided further, Provided further MEDICAL COMMUNITY CARE For necessary expenses for furnishing health care to individuals pursuant to chapter 17 Provided, Provided further Public Law 117–328 MEDICAL SUPPORT AND COMPLIANCE For necessary expenses in the administration of the medical, hospital, nursing home, domiciliary, construction, supply, and research activities, as authorized by law; administrative expenses in support of capital policy activities; and administrative and legal expenses of the Department for collecting and recovering amounts owed the Department as authorized under chapter 17 42 U.S.C. 2651 et seq. Provided, MEDICAL FACILITIES For necessary expenses for the maintenance and operation of hospitals, nursing homes, domiciliary facilities, and other necessary facilities of the Veterans Health Administration; for administrative expenses in support of planning, design, project management, real property acquisition and disposition, construction, and renovation of any facility under the jurisdiction or for the use of the Department; for oversight, engineering, and architectural activities not charged to project costs; for repairing, altering, improving, or providing facilities in the several hospitals and homes under the jurisdiction of the Department, not otherwise provided for, either by contract or by the hire of temporary employees and purchase of materials; for leases of facilities; and for laundry services; $1,000,000,000, which shall be in addition to funds previously appropriated under this heading that become available on October 1, 2023; and, in addition, $9,400,000,000, plus reimbursements, which shall become available on October 1, 2024, and shall remain available until September 30, 2025: Provided, MEDICAL AND PROSTHETIC RESEARCH For necessary expenses in carrying out programs of medical and prosthetic research and development as authorized by chapter 73 Provided, National cemetery administration For necessary expenses of the National Cemetery Administration for operations and maintenance, not otherwise provided for, including uniforms or allowances therefor; cemeterial expenses as authorized by law; purchase of one passenger motor vehicle for use in cemeterial operations; hire of passenger motor vehicles; and repair, alteration or improvement of facilities under the jurisdiction of the National Cemetery Administration, $480,000,000, of which not to exceed 10 percent shall remain available until September 30, 2025. Departmental administration GENERAL ADMINISTRATION (INCLUDING TRANSFER OF FUNDS) For necessary operating expenses of the Department of Veterans Affairs, not otherwise provided for, including administrative expenses in support of Department-wide capital planning, management and policy activities, uniforms, or allowances therefor; not to exceed $25,000 for official reception and representation expenses; hire of passenger motor vehicles; and reimbursement of the General Services Administration for security guard services, $475,000,000, of which not to exceed 10 percent shall remain available until September 30, 2025: Provided, General Operating Expenses, Veterans Benefits Administration BOARD OF VETERANS APPEALS For necessary operating expenses of the Board of Veterans Appeals, $287,000,000, of which not to exceed 10 percent shall remain available until September 30, 2025. INFORMATION TECHNOLOGY SYSTEMS (INCLUDING TRANSFER OF FUNDS) For necessary expenses for information technology systems and telecommunications support, including developmental information systems and operational information systems; for pay and associated costs; and for the capital asset acquisition of information technology systems, including management and related contractual costs of said acquisitions, including contractual costs associated with operations authorized by section 3109 of title 5, United States Code, $6,401,000,000, plus reimbursements: Provided, Provided further, Construction, Major Projects Construction, Minor Projects Medical Facilities National Cemetery Administration General Operating Expenses, Veterans Benefits Administration General Administration Provided further Provided further, Provided further, Information Technology Systems Provided further, Provided further, VETERANS ELECTRONIC HEALTH RECORD For activities related to implementation, preparation, development, interface, management, rollout, and maintenance of a Veterans Electronic Health Record system, including contractual costs associated with operations authorized by section 3109 of title 5, United States Code, and salaries and expenses of employees hired under titles 5 and 38, United States Code, $1,334,142,000, to remain available until September 30, 2026: Provided, Provided further, Provided further, (1) providing the Committees on Appropriations a report, no later than 60 days after enactment of this Act, outlining the measureable operational metrics that will be used to determine when it is appropriate to re-start deployments; (2) providing the Committees on Appropriations a report on the reset process as of March 1, 2024, including progress on achieving the necessary targets on the operational metrics identified in paragraph (1) and the current performance at all Department of Veterans Affairs facilities using the new electronic health record on or before September 2023 compared to pre-deployment baselines; and (3) certifying in writing no later than 30 days prior to July 1, 2024, whether the system is stable, ready, and optimized for further deployment at VA sites, and if not, an estimate of the timeline required for further deployment. OFFICE OF INSPECTOR GENERAL For necessary expenses of the Office of Inspector General, to include information technology, in carrying out the provisions of the Inspector General Act of 1978 (5 U.S.C. App.), $296,000,000, of which not to exceed 10 percent shall remain available until September 30, 2025. CONSTRUCTION, MAJOR PROJECTS For constructing, altering, extending, and improving any of the facilities, including parking projects, under the jurisdiction or for the use of the Department of Veterans Affairs, or for any of the purposes set forth in sections 316, 2404, 2406 and chapter 81 Provided, Provided further Provided further, General Administration Provided further, Provided further, Provided further, CONSTRUCTION, MINOR PROJECTS For constructing, altering, extending, and improving any of the facilities, including parking projects, under the jurisdiction or for the use of the Department of Veterans Affairs, including planning and assessments of needs which may lead to capital investments, architectural and engineering services, maintenance or guarantee period services costs associated with equipment guarantees provided under the project, services of claims analysts, offsite utility and storm drainage system construction costs, and site acquisition, or for any of the purposes set forth in sections 316, 2404, 2406 and chapter 81 Construction, Minor Projects Provided, GRANTS FOR CONSTRUCTION OF STATE EXTENDED CARE FACILITIES For grants to assist States to acquire or construct State nursing home and domiciliary facilities and to remodel, modify, or alter existing hospital, nursing home, and domiciliary facilities in State homes, for furnishing care to veterans as authorized by sections 8131 through 8137 of title 38, United States Code, $164,000,000, to remain available until expended. GRANTS FOR CONSTRUCTION OF VETERANS CEMETERIES For grants to assist States and tribal organizations in establishing, expanding, or improving veterans cemeteries as authorized by section 2408 of title 38, United States Code, $60,000,000, to remain available until expended. Administrative provisions (INCLUDING TRANSFER OF FUNDS) 201. Any appropriation for fiscal year 2024 for Compensation and Pensions Readjustment Benefits Veterans Insurance and Indemnities Provided, (INCLUDING TRANSFER OF FUNDS) 202. Amounts made available for the Department of Veterans Affairs for fiscal year 2024, in this or any other Act, under the Medical Services Medical Community Care Medical Support and Compliance Medical Facilities Provided, Medical Services Medical Community Care Medical Support and Compliance Provided further, Medical Services Medical Community Care Medical Support and Compliance Provided further, Medical Facilities 203. Appropriations available in this title for salaries and expenses shall be available for services authorized by section 3109 of title 5, United States Code; hire of passenger motor vehicles; lease of a facility or land or both; and uniforms or allowances therefore, as authorized by sections 5901 through 5902 of title 5, United States Code. 204. No appropriations in this title (except the appropriations for Construction, Major Projects Construction, Minor Projects 205. No appropriations in this title shall be available for health care treatment or examination of any persons (except beneficiaries entitled to such health care treatment or examination under the laws providing such benefits to veterans, and persons receiving such treatment under sections 7901 through 7904 of title 5, United States Code, or the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 et seq. Medical Services 206. Appropriations available in this title for Compensation and Pensions Readjustment Benefits Veterans Insurance and Indemnities 207. Appropriations available in this title shall be available to pay prior year obligations of corresponding prior year appropriations accounts resulting from sections 3328(a), 3334, and 3712(a) of title 31, United States Code, except that if such obligations are from trust fund accounts they shall be payable only from Compensation and Pensions (INCLUDING TRANSFER OF FUNDS) 208. Notwithstanding any other provision of law, during fiscal year 2024, the Secretary of Veterans Affairs shall, from the National Service Life Insurance Fund under section 1920 of title 38, United States Code, the Veterans' Special Life Insurance Fund under section 1923 of title 38, United States Code, and the United States Government Life Insurance Fund under section 1955 of title 38, United States Code, reimburse the General Operating Expenses, Veterans Benefits Administration Information Technology Systems Provided, Provided further, Provided further, 209. Amounts deducted from enhanced-use lease proceeds to reimburse an account for expenses incurred by that account during a prior fiscal year for providing enhanced-use lease services shall be available until expended. (INCLUDING TRANSFER OF FUNDS) 210. Funds available in this title or funds for salaries and other administrative expenses shall also be available to reimburse the Office of Resolution Management, Diversity and Inclusion, the Office of Employment Discrimination Complaint Adjudication, and the Alternative Dispute Resolution function within the Office of Human Resources and Administration for all services provided at rates which will recover actual costs but not to exceed $145,408,000 for the Office of Resolution Management, Diversity and Inclusion, $6,960,000 for the Office of Employment Discrimination Complaint Adjudication, and $7,772,000 for the Alternative Dispute Resolution function within the Office of Human Resources and Administration: Provided, Provided further, General Administration Information Technology Systems 211. No funds of the Department of Veterans Affairs shall be available for hospital care, nursing home care, or medical services provided to any person under chapter 17 Provided, Provided further, (INCLUDING TRANSFER OF FUNDS) 212. Notwithstanding any other provision of law, proceeds or revenues derived from enhanced-use leasing activities (including disposal) may be deposited into the Construction, Major Projects Construction, Minor Projects Construction, Major Projects Construction, Minor Projects 213. Amounts made available under Medical Services (1) for furnishing recreational facilities, supplies, and equipment; and (2) for funeral expenses, burial expenses, and other expenses incidental to funerals and burials for beneficiaries receiving care in the Department. (INCLUDING TRANSFER OF FUNDS) 214. Such sums as may be deposited into the Medical Care Collections Fund pursuant to section 1729A of title 38, United States Code, may be transferred to the Medical Services Medical Community Care 215. The Secretary of Veterans Affairs may enter into agreements with Federally Qualified Health Centers in the State of Alaska and Indian Tribes and Tribal organizations which are party to the Alaska Native Health Compact with the Indian Health Service, to provide healthcare, including behavioral health and dental care, to veterans in rural Alaska. The Secretary shall require participating veterans and facilities to comply with all appropriate rules and regulations, as established by the Secretary. The term rural Alaska (INCLUDING TRANSFER OF FUNDS) 216. Such sums as may be deposited into the Department of Veterans Affairs Capital Asset Fund pursuant to section 8118 of title 38, United States Code, may be transferred to the Construction, Major Projects Construction, Minor Projects 217. Not later than 30 days after the end of each fiscal quarter, the Secretary of Veterans Affairs shall submit to the Committees on Appropriations of both Houses of Congress a report on the financial status of the Department of Veterans Affairs for the preceding quarter: Provided, Quarterly reporting General Administration Public Law 114–223 (INCLUDING TRANSFER OF FUNDS) 218. Amounts made available under the Medical Services Medical Community Care Medical Support and Compliance Medical Facilities General Operating Expenses, Veterans Benefits Administration Board of Veterans Appeals General Administration National Cemetery Administration Information Technology Systems Provided, Information Technology Systems Provided further, (INCLUDING TRANSFER OF FUNDS) 219. Of the amounts appropriated to the Department of Veterans Affairs for fiscal year 2024 for Medical Services Medical Community Care Medical Support and Compliance Medical Facilities Construction, Minor Projects Information Technology Systems Public Law 111–84 Public Law 110–417 Provided, Provided further, Public Law 117–328 (INCLUDING TRANSFER OF FUNDS) 220. Of the amounts appropriated to the Department of Veterans Affairs which become available on October 1, 2024, for Medical Services Medical Community Care Medical Support and Compliance Medical Facilities Public Law 111–84 Public Law 110–417 Provided, (INCLUDING TRANSFER OF FUNDS) 221. Such sums as may be deposited into the Medical Care Collections Fund pursuant to section 1729A of title 38, United States Code, for healthcare provided at facilities designated as combined Federal medical facilities as described by section 706 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 ( Public Law 110–417 Public Law 111–84 Public Law 110–417 Provided, Public Law 111–84 (INCLUDING TRANSFER OF FUNDS) 222. Of the amounts available in this title for Medical Services Medical Community Care Medical Support and Compliance Medical Facilities 223. None of the funds available to the Department of Veterans Affairs, in this or any other Act, may be used to replace the current system by which the Veterans Integrated Service Networks select and contract for diabetes monitoring supplies and equipment. 224. The Secretary of Veterans Affairs shall notify the Committees on Appropriations of both Houses of Congress of all bid savings in a major construction project that total at least $5,000,000, or 5 percent of the programmed amount of the project, whichever is less: Provided, Provided further, 225. None of the funds made available for Construction, Major Projects 226. Not later than 30 days after the end of each fiscal quarter, the Secretary of Veterans Affairs shall submit to the Committees on Appropriations of both Houses of Congress a quarterly report containing performance measures and data from each Veterans Benefits Administration Regional Office: Provided, Disability claims backlog General Operating Expenses, Veterans Benefits Administration Public Law 114–223 Provided further, 227. The Secretary of Veterans Affairs shall provide written notification to the Committees on Appropriations of both Houses of Congress 15 days prior to organizational changes which result in the transfer of 25 or more full-time equivalents from one organizational unit of the Department of Veterans Affairs to another. 228. The Secretary of Veterans Affairs shall provide on a quarterly basis to the Committees on Appropriations of both Houses of Congress notification of any single national outreach and awareness marketing campaign in which obligations exceed $1,000,000. (INCLUDING TRANSFER OF FUNDS) 229. The Secretary of Veterans Affairs, upon determination that such action is necessary to address needs of the Veterans Health Administration, may transfer to the Medical Services General Operating Expenses, Veterans Benefits Administration Provided, Provided further, Provided further, Provided further, Provided further, Provided further, (INCLUDING TRANSFER OF FUNDS) 230. Amounts made available for the Department of Veterans Affairs for fiscal year 2024, under the Board of Veterans Appeals General Operating Expenses, Veterans Benefits Administration Provided, 231. The Secretary of Veterans Affairs may not reprogram funds among major construction projects or programs if such instance of reprogramming will exceed $7,000,000, unless such reprogramming is approved by the Committees on Appropriations of both Houses of Congress. 232. (a) The Secretary of Veterans Affairs shall ensure that the toll-free suicide hotline under section 1720F(h) of title 38, United States Code— (1) provides to individuals who contact the hotline immediate assistance from a trained professional; and (2) adheres to all requirements of the American Association of Suicidology. (b) (1) None of the funds made available by this Act may be used to enforce or otherwise carry out any Executive action that prohibits the Secretary of Veterans Affairs from appointing an individual to occupy a vacant civil service position, or establishing a new civil service position, at the Department of Veterans Affairs with respect to such a position relating to the hotline specified in subsection (a). (2) In this subsection— (A) the term civil service (B) the term Executive action (i) any Executive order, Presidential memorandum, or other action by the President; and (ii) any agency policy, order, or other directive. (c) (1) The Secretary of Veterans Affairs shall conduct a study on the effectiveness of the hotline specified in subsection (a) during the 5-year period beginning on January 1, 2016, based on an analysis of national suicide data and data collected from such hotline. (2) At a minimum, the study required by paragraph (1) shall— (A) determine the number of veterans who contact the hotline specified in subsection (a) and who receive follow up services from the hotline or mental health services from the Department of Veterans Affairs thereafter; (B) determine the number of veterans who contact the hotline who are not referred to, or do not continue receiving, mental health care who commit suicide; and (C) determine the number of veterans described in subparagraph (A) who commit or attempt suicide. 233. Effective during the period beginning on October 1, 2018, and ending on January 1, 2025, none of the funds made available to the Secretary of Veterans Affairs by this or any other Act may be obligated or expended in contravention of the Veterans Health Administration Clinical Preventive Services Guidance Statement on the Veterans Health Administration’s Screening for Breast Cancer Guidance 234. (a) Notwithstanding any other provision of law, the amounts appropriated or otherwise made available to the Department of Veterans Affairs for the Medical Services (1) fertility counseling and treatment using assisted reproductive technology to a covered veteran or the spouse of a covered veteran; or (2) adoption reimbursement to a covered veteran. (b) In this section: (1) The term service-connected (2) The term covered veteran (3) The term assisted reproductive technology Policy for Assisted Reproductive Services for the Benefit of Seriously or Severely Ill/Injured (Category II or III) Active Duty Service Members (A) the time periods regarding embryo cryopreservation and storage set forth in part III(G) and in part IV(H) of such memorandum shall not apply; and (B) such term includes embryo cryopreservation and storage without limitation on the duration of such cryopreservation and storage. (4) The term adoption reimbursement (c) Amounts made available for the purposes specified in subsection (a) of this section are subject to the requirements for funds contained in section 508 of division H of the Consolidated Appropriations Act, 2018 ( Public Law 115–141 235. None of the funds appropriated or otherwise made available by this Act or any other Act for the Department of Veterans Affairs may be used in a manner that is inconsistent with: (1) section 842 of the Transportation, Treasury, Housing and Urban Development, the Judiciary, the District of Columbia, and Independent Agencies Appropriations Act, 2006 ( Public Law 109–115 236. Section 842 of Public Law 109–115 237. (a) The Secretary of Veterans Affairs, in consultation with the Secretary of Defense and the Secretary of Labor, shall discontinue collecting and using Social Security account numbers to authenticate individuals in all information systems of the Department of Veterans Affairs for all individuals not later than September 30, 2024. (b) The Secretary of Veterans Affairs may collect and use a Social Security account number to identify an individual, in accordance with section 552a of title 5, United States Code, in an information system of the Department of Veterans Affairs if and only if the use of such number is necessary to: (1) obtain or provide information the Secretary requires from an information system that is not under the jurisdiction of the Secretary; (2) comply with a law, regulation, or court order; (3) perform anti-fraud activities; or (4) identify a specific individual where no adequate substitute is available. (c) The matter in subsections (a) and (b) shall supersede section 237 of division J of Public Law 117–328 238. For funds provided to the Department of Veterans Affairs for each of fiscal year 2024 and 2025 for Medical Services Public Law 114–223 239. None of the funds appropriated in this or prior appropriations Acts or otherwise made available to the Department of Veterans Affairs may be used to transfer any amounts from the Filipino Veterans Equity Compensation Fund to any other account within the Department of Veterans Affairs. 240. Of the funds provided to the Department of Veterans Affairs for each of fiscal year 2024 and fiscal year 2025 for Medical Services Public Law 111–163 241. None of the funds appropriated or otherwise made available in this title may be used by the Secretary of Veterans Affairs to enter into an agreement related to resolving a dispute or claim with an individual that would restrict in any way the individual from speaking to members of Congress or their staff on any topic not otherwise prohibited from disclosure by Federal law or required by Executive order to be kept secret in the interest of national defense or the conduct of foreign affairs. 242. For funds provided to the Department of Veterans Affairs for each of fiscal year 2024 and 2025, section 258 of division A of Public Law 114–223 243. (a) None of the funds appropriated or otherwise made available by this Act may be used to deny an Inspector General funded under this Act timely access to any records, documents, or other materials available to the department or agency over which that Inspector General has responsibilities under the Inspector General Act of 1978 (5 U.S.C. App.), or to prevent or impede the access of the Inspector General to such records, documents, or other materials, under any provision of law, except a provision of law that expressly refers to such Inspector General and expressly limits the right of access. (b) A department or agency covered by this section shall provide its Inspector General access to all records, documents, and other materials in a timely manner. (c) Each Inspector General shall ensure compliance with statutory limitations on disclosure relevant to the information provided by the establishment over which that Inspector General has responsibilities under the Inspector General Act of 1978 (5 U.S.C. App.). (d) Each Inspector General covered by this section shall report to the Committee on Appropriations of the Senate and the Committee on Appropriations of the House of Representatives within 5 calendar days of any failure by any department or agency covered by this section to comply with this requirement. 244. None of the funds made available in this Act may be used in a manner that would increase wait times for veterans who seek care at medical facilities of the Department of Veterans Affairs. 245. None of the funds appropriated or otherwise made available by this Act to the Veterans Health Administration may be used in fiscal year 2024 to convert any program which received specific purpose funds in fiscal year 2023 to a general purpose funded program unless the Secretary of Veterans Affairs submits written notification of any such proposal to the Committees on Appropriations of both Houses of Congress at least 30 days prior to any such action and an approval is issued by the Committees. 246. For funds provided to the Department of Veterans Affairs for each of fiscal year 2024 and 2025, section 248 of division A of Public Law 114–223 247. (a) None of the funds appropriated or otherwise made available by this Act may be used to conduct research commencing on or after October 1, 2019, that uses any canine, feline, or non-human primate unless the Secretary of Veterans Affairs approves such research specifically and in writing pursuant to subsection (b). (b) (1) The Secretary of Veterans Affairs may approve the conduct of research commencing on or after October 1, 2019, using canines, felines, or non-human primates if the Secretary determines that— (A) the scientific objectives of the research can only be met by using such canines, felines, or non-human primates; (B) such scientific objectives are directly related to an illness or injury that is combat-related; and (C) the research is consistent with the revised Department of Veterans Affairs canine research policy document dated December 15, 2017, including any subsequent revisions to such document. (2) The Secretary may not delegate the authority under this subsection. (c) If the Secretary approves any new research pursuant to subsection (b), not later than 30 days before the commencement of such research, the Secretary shall submit to the Committees on Appropriations of the Senate and House of Representatives a report describing— (1) the nature of the research to be conducted using canines, felines, or non-human primates; (2) the date on which the Secretary approved the research; (3) the justification for the determination of the Secretary that the scientific objectives of such research could only be met using canines, felines, or non-human primates; (4) the frequency and duration of such research; and (5) the protocols in place to ensure the necessity, safety, and efficacy of the research. (d) Not later than 180 days after the date of the enactment of this Act, and biannually thereafter, the Secretary shall submit to such Committees a report describing— (1) any research being conducted by the Department of Veterans Affairs using canines, felines, or non-human primates as of the date of the submittal of the report; (2) the circumstances under which such research was conducted using canines, felines, or non-human primates; (3) the justification for using canines, felines, or non-human primates to conduct such research; and (4) the protocols in place to ensure the necessity, safety, and efficacy of such research. (e) The Department shall implement a plan under which the Secretary will eliminate or reduce the research conducted using canines, felines, or non-human primates by not later than 5 years after the date of enactment of Public Law 116–94 248. (a) The Secretary of Veterans Affairs may use amounts appropriated or otherwise made available in this title to ensure that the ratio of veterans to full-time employment equivalents within any program of rehabilitation conducted under chapter 31 (b) Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to Congress a report on the programs of rehabilitation conducted under chapter 31 (1) an assessment of the veteran-to-staff ratio for each such program; and (2) recommendations for such action as the Secretary considers necessary to reduce the veteran-to-staff ratio for each such program. 249. Amounts made available for the Veterans Health Administration, Medical Community Care 38 U.S.C. 1701 250. Obligations and expenditures applicable to the Medical Services Medical Community Care 251. Of the amounts made available for the Department of Veterans Affairs for fiscal year 2024, in this or any other Act, under the Veterans Health Administration—Medical Services Veterans Health Administration—Medical Community Care Veterans Health Administration—Medical Support and Compliance Veterans Health Administration—Medical Facilities 252. Of the unobligated balances available in fiscal year 2024 in the Recurring Expenses Transformational Fund Public Law 114–113 Provided 253. Not later than 30 days after the end of each fiscal quarter, the Secretary of Veterans Affairs shall submit to the Committees on Appropriations of both Houses of Congress a quarterly report on the status of the Cost of War Toxic Exposures Fund Provided, Provided further, Medical Services Medical Community Care Medical Support and Compliance Medical and Prosthetics Research 254. Any amounts transferred to the Secretary and administered by a corporation referred to in section 7364(b) of title 38, United States Code, between October 1, 2017 and September 30, 2018 for purposes of carrying out an order placed with the Department of Veterans Affairs pursuant to section 1535 of title 31, United States Code, that are available for obligation pursuant to section 7364(b)(1) of title 38, United States Code, are to remain available for the liquidation of valid obligations incurred by such corporation during the period of performance of such order, provided that the Secretary of Veterans Affairs determines that such amounts need to remain available for such liquidation. (RESCISSION OF FUNDS) 255. Of the unobligated balances from amounts made available under the heading Departmental Administration—Veterans Electronic Health Record Public Law 117–328 (RESCISSIONS OF FUNDS) 256. Of the unobligated balances available to the Department of Veterans Affairs from prior appropriations Acts, the following funds are hereby rescinded from the following accounts in the amounts specified: Veterans Health Administration—Medical Services, $1,000,000,000; and Veterans Health Administration—Medical Community Care, $976,005,000: Provided, 257. None of the funds in this or any other Act may be used to close Department of Veterans Affairs hospitals, domiciliaries, or clinics, conduct an environmental assessment, or to diminish healthcare services at existing Veterans Health Administration medical facilities as part of a planned realignment of services until the Secretary provides to the Committees on Appropriations of both Houses of Congress a report including an analysis of how any such planned realignment of services will impact access to care for veterans living in rural or highly rural areas, including travel distances and transportation costs to access a Department medical facility and availability of local specialty and primary care. 258. Unobligated balances available under the headings Construction, Major Projects Construction, Minor Projects Public Law 114–294 38 U.S.C. 8103 Provided, Provided further, Public Law 114–294 259. (a) In general None of the funds appropriated by this Act or otherwise made available for fiscal year 2024 for the Department of Veterans Affairs may be obligated or expended to procure or purchase computers, printers, software, hardware, connecting cables, or other information technology equipment needed for an office environment in which the manufacturer, bidder, or offeror, or any subsidiary or parent entity of the manufacturer, bidder, or offeror, of the equipment or software is an entity, or is a subsidiary or parent company of an entity— (1) in which the People’s Republic of China has any ownership stake; (2) that has been organized under the laws of the People’s Republic of China; or (3) that contributes to the defense industry of the Chinese Communist Party. (b) Applicability to third parties The prohibition in subsection (a) also applies in cases in which the Secretary has contracted with a third party for the procurement, purchase, or expenditure of funds on any of the equipment and software described in such subsection. 260. None of the funds appropriated or otherwise made available to the Department of Veterans Affairs in this Act may be used in a manner that would— (1) interfere with the ability of a veteran to participate in a medicinal marijuana program approved by a State; (2) deny any services from the Department to a veteran who is participating in such a program; or (3) limit or interfere with the ability of a health care provider of the Department to make appropriate recommendations, fill out forms, or take steps to comply with such a program. III RELATED AGENCIES American battle monuments commission SALARIES AND EXPENSES For necessary expenses, not otherwise provided for, of the American Battle Monuments Commission, including the acquisition of land or interest in land in foreign countries; purchases and repair of uniforms for caretakers of national cemeteries and monuments outside of the United States and its territories and possessions; rent of office and garage space in foreign countries; purchase (one-for-one replacement basis only) and hire of passenger motor vehicles; not to exceed $15,000 for official reception and representation expenses; and insurance of official motor vehicles in foreign countries, when required by law of such countries, $158,630,000, to remain available until expended. FOREIGN CURRENCY FLUCTUATIONS ACCOUNT For necessary expenses, not otherwise provided for, of the American Battle Monuments Commission, such sums as may be necessary, to remain available until expended, for purposes authorized by section 2109 of title 36, United States Code. United states court of appeals for veterans claims SALARIES AND EXPENSES For necessary expenses for the operation of the United States Court of Appeals for Veterans Claims as authorized by sections 7251 through 7298 of title 38, United States Code, $47,200,000: Provided, Public Law 102–229 Department of defense—Civil Cemeterial expenses, army SALARIES AND EXPENSES For necessary expenses for maintenance, operation, and improvement of Arlington National Cemetery and Soldiers’ and Airmen’s Home National Cemetery, including the purchase or lease of passenger motor vehicles for replacement on a one-for-one basis only, and not to exceed $2,000 for official reception and representation expenses, $99,880,000, of which not to exceed $15,000,000 shall remain available until September 30, 2026. In addition, such sums as may be necessary for parking maintenance, repairs and replacement, to be derived from the Lease of Department of Defense Real Property for Defense Agencies CONSTRUCTION For necessary expenses for planning and design and construction at Arlington National Cemetery and Soldiers' and Airmen's Home National Cemetery, $88,600,000, to remain available until expended, for planning and design and construction associated with the Southern Expansion project at Arlington National Cemetery. Armed forces retirement home TRUST FUND For expenses necessary for the Armed Forces Retirement Home to operate and maintain the Armed Forces Retirement Home—Washington, District of Columbia, and the Armed Forces Retirement Home—Gulfport, Mississippi, to be paid from funds available in the Armed Forces Retirement Home Trust Fund, $77,000,000, to remain available until September 30, 2025, of which $8,940,000 shall remain available until expended for construction and renovation of the physical plants at the Armed Forces Retirement Home—Washington, District of Columbia, and the Armed Forces Retirement Home—Gulfport, Mississippi: Provided, Administrative provision 301. Amounts deposited into the special account established under 10 U.S.C. 7727 are appropriated and shall be available until expended to support activities at the Army National Military Cemeteries. IV GENERAL PROVISIONS 401. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein. 402. None of the funds made available in this Act may be used for any program, project, or activity, when it is made known to the Federal entity or official to which the funds are made available that the program, project, or activity is not in compliance with any Federal law relating to risk assessment, the protection of private property rights, or unfunded mandates. 403. All departments and agencies funded under this Act are encouraged, within the limits of the existing statutory authorities and funding, to expand their use of E-Commerce 404. Unless stated otherwise, all reports and notifications required by this Act shall be submitted to the Subcommittee on Military Construction and Veterans Affairs, and Related Agencies of the Committee on Appropriations of the House of Representatives and the Subcommittee on Military Construction and Veterans Affairs, and Related Agencies of the Committee on Appropriations of the Senate. 405. None of the funds made available in this Act may be transferred to any department, agency, or instrumentality of the United States Government except pursuant to a transfer made by, or transfer authority provided in, this or any other appropriations Act. 406. (a) Any agency receiving funds made available in this Act, shall, subject to subsections (b) and (c), post on the public Web site of that agency any report required to be submitted by the Congress in this or any other Act, upon the determination by the head of the agency that it shall serve the national interest. (b) Subsection (a) shall not apply to a report if— (1) the public posting of the report compromises national security; or (2) the report contains confidential or proprietary information. (c) The head of the agency posting such report shall do so only after such report has been made available to the requesting Committee or Committees of Congress for no less than 45 days. 407. (a) None of the funds made available in this Act may be used to maintain or establish a computer network unless such network blocks the viewing, downloading, and exchanging of pornography. (b) Nothing in subsection (a) shall limit the use of funds necessary for any Federal, State, tribal, or local law enforcement agency or any other entity carrying out criminal investigations, prosecution, or adjudication activities. 408. None of the funds made available in this Act may be used by an agency of the executive branch to pay for first-class travel by an employee of the agency in contravention of sections 301–10.122 through 301–10.124 of title 41, Code of Federal Regulations. 409. None of the funds made available in this Act may be used to execute a contract for goods or services, including construction services, where the contractor has not complied with Executive Order No. 12989. 410. None of the funds made available by this Act may be used in contravention of section 101(e)(8) of title 10, United States Code. 411. (a) In general None of the funds appropriated or otherwise made available to the Department of Defense in this Act may be used to construct, renovate, or expand any facility in the United States, its territories, or possessions to house any individual detained at United States Naval Station, Guantánamo Bay, Cuba, for the purposes of detention or imprisonment in the custody or under the control of the Department of Defense. (b) The prohibition in subsection (a) shall not apply to any modification of facilities at United States Naval Station, Guantánamo Bay, Cuba. (c) An individual described in this subsection is any individual who, as of June 24, 2009, is located at United States Naval Station, Guantánamo Bay, Cuba, and who— (1) is not a citizen of the United States or a member of the Armed Forces of the United States; and (2) is— (A) in the custody or under the effective control of the Department of Defense; or (B) otherwise under detention at United States Naval Station, Guantánamo Bay, Cuba. This Act may be cited as the Military Construction, Veterans Affairs, and Related Agencies Appropriations Act, 2024 June 22, 2023 Read twice and placed on the calendar

Military Construction, Veterans Affairs, and Related Agencies Appropriations Act, 2024

Keep Our Promises Act This bill authorizes Medicare and Social Security payments to be made in full even if the federal debt limit is reached. Such payments do not count against the debt limit until after the debt limit has been raised by authorizing legislation.

118 S213 IS: Keep Our Promises Act U.S. Senate 2023-02-01 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 213 IN THE SENATE OF THE UNITED STATES February 1, 2023 Mr. Hawley Committee on Finance A BILL To authorize the Secretary of the Treasury to issue obligations to make Medicare and Social Security payments, despite the debt limit being reached. 1. Short title This Act may be cited as the Keep Our Promises Act 2. Social Security and Medicare programs and the debt limit (a) Finding Congress finds that Social Security and Medicare beneficiaries should be assured that their benefits will be paid in full and on time. (b) Exemption Section 3101 of title 31, United States Code, is amended— (1) in subsection (b), by striking The face Subject to subsection (d), the face (2) by adding at the end the following: (d) (1) If the face value of the amount of obligations described in subsection (b) reaches the limit on such obligations under subsection (b), to the extent necessary to make timely payment of the full amount of benefits authorized under the Medicare program established under title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq. 42 U.S.C. 401 et seq. (2) With respect to each instance in which the Secretary of the Treasury begins issuing obligations in accordance with paragraph (1), the face value of such obligations issued during such instance shall not be taken into account in determining the face value of obligations for purposes of subsection (b) during the period— (A) beginning on the date on which the Secretary began issuing obligations in accordance with paragraph (1) during such instance; and (B) ending on the day after the date of enactment of the first law enacted after the date described in subparagraph (A) increasing the limit under subsection (b). .

Keep Our Promises Act

Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2024 This bill provides FY2024 appropriations for the Department of Agriculture (USDA), the Food and Drug Administration, and related agencies. The bill provides appropriations to USDA for agricultural programs, including the Office of the Secretary, Executive Operations, the Economic Research Service, the National Agricultural Statistics Service, the Agricultural Research Service, the National Institute of Food and Agriculture, the Animal and Plant Health Inspection Service, the Agricultural Marketing Service, and the Food Safety and Inspection Service. The bill also provides appropriations to USDA for farm production and conservation programs, including the Farm Production and Conservation Business Center, the Farm Service Agency, the Risk Management Agency, and the Natural Resources Conservation Service. The bill provides appropriations to the Federal Crop Insurance Corporation Fund and the Commodity Credit Corporation Fund. For USDA rural development programs, the bill includes appropriations for Salaries and Expenses, the Rural Housing Service, the Rural Business-Cooperative Service, and the Rural Utilities Service. The bill provides appropriations to the Food and Nutrition Service for Child Nutrition Programs; the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC); the Supplemental Nutrition Assistance Program (SNAP); the Commodity Assistance Program; and Nutrition Programs Administration. The bill provides appropriations to the Foreign Agricultural Service for (1) Food for Peace Title II Grants, and (2) McGovern-Dole International Food for Education and Child Nutrition Program Grants. The bill also provides appropriations for (1) the Food and Drug Administration, and (2) the Farm Credit Administration. Additionally, the bill sets forth requirements and restrictions for using funds provided by this and other appropriations acts.

118 S2131 RS: Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2024 U.S. Senate 2023-06-22 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II Calendar No. 111 118th CONGRESS 1st Session S. 2131 [Report No. 118–44] IN THE SENATE OF THE UNITED STATES June 22, 2023 Mr. Heinrich Committee on Appropriations A BILL Making appropriations for Agriculture, Rural Development, Food and Drug Administration, and Related Agencies for the fiscal year ending September 30, 2024, and for other purposes. That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for Agriculture, Rural Development, Food and Drug Administration, and Related Agencies for the fiscal year ending September 30, 2024, and for other purposes, namely: I AGRICULTURAL PROGRAMS Processing, research, and marketing Office of the secretary (INCLUDING TRANSFERS OF FUNDS) For necessary expenses of the Office of the Secretary, $65,067,000 of which not to exceed $7,432,000 shall be available for the immediate Office of the Secretary; not to exceed $1,396,000 shall be available for the Office of Homeland Security; not to exceed $5,190,000 shall be available for the Office of Tribal Relations, of which $1,000,000 shall be to continue a Tribal Public Health Resource Center at a land grant university with existing indigenous public health expertise to expand current partnerships and collaborative efforts with indigenous groups, including but not limited to, tribal organizations and institutions such as tribal colleges, tribal technical colleges, tribal community colleges and tribal universities, to improve the delivery of culturally appropriate public health services and functions in American Indian communities focusing on indigenous food sovereignty; not to exceed $9,280,000 shall be available for the Office of Partnerships and Public Engagement, of which $1,500,000 shall be for 7 U.S.C. 2279(c)(5) Provided, Provided further, Provided further, Provided further, Provided further, Provided further, Provided further, Provided further, Executive operations OFFICE OF THE CHIEF ECONOMIST For necessary expenses of the Office of the Chief Economist, $30,181,000, of which $10,000,000 shall be for grants or cooperative agreements for policy research under 7 U.S.C. 3155: Provided, Provided further, 7 U.S.C. 6924 Public Law 115–334 OFFICE OF HEARINGS AND APPEALS For necessary expenses of the Office of Hearings and Appeals, $16,703,000. OFFICE OF BUDGET AND PROGRAM ANALYSIS For necessary expenses of the Office of Budget and Program Analysis, $14,967,000. Office of the chief information officer For necessary expenses of the Office of the Chief Information Officer, $92,284,000, of which not less than $77,428,000 is for cybersecurity requirements of the department. Office of the chief financial officer For necessary expenses of the Office of the Chief Financial Officer, $7,367,000. Office of the assistant secretary for civil rights For necessary expenses of the Office of the Assistant Secretary for Civil Rights, $1,466,000: Provided, Office of civil rights For necessary expenses of the Office of Civil Rights, $37,595,000. Agriculture buildings and facilities (INCLUDING TRANSFERS OF FUNDS) For payment of space rental and related costs pursuant to Public Law 92–313 40 U.S.C. 121 Hazardous materials management (INCLUDING TRANSFERS OF FUNDS) For necessary expenses of the Department of Agriculture, to comply with the Comprehensive Environmental Response, Compensation, and Liability Act ( 42 U.S.C. 9601 et seq. 42 U.S.C. 6901 et seq. Provided, Office of safety, security, and protection For necessary expenses of the Office of Safety, Security, and Protection, $21,800,000. Office of inspector general For necessary expenses of the Office of Inspector General, including employment pursuant to the Inspector General Act of 1978 ( Public Law 95–452 section 6(a)(9) Public Law 95–452 Public Law 95–452 Public Law 97–98 Office of the general counsel For necessary expenses of the Office of the General Counsel, $60,537,000. Office of ethics For necessary expenses of the Office of Ethics, $5,556,000. Office of the under secretary for research, education, and economics For necessary expenses of the Office of the Under Secretary for Research, Education, and Economics, $2,384,000: Provided, Provided further, Economic research service For necessary expenses of the Economic Research Service, $92,183,000. National agricultural statistics service For necessary expenses of the National Agricultural Statistics Service, $200,563,000, of which up to $55,900,000 shall be available until expended for the Census of Agriculture: Provided, 7 U.S.C. 2204g(d) Agricultural research service SALARIES AND EXPENSES For necessary expenses of the Agricultural Research Service and for acquisition of lands by donation, exchange, or purchase at a nominal cost not to exceed $100, and for land exchanges where the lands exchanged shall be of equal value or shall be equalized by a payment of money to the grantor which shall not exceed 25 percent of the total value of the land or interests transferred out of Federal ownership, $1,792,879,000: Provided, Provided further, Provided further, Provided further, Provided further, Provided further, 21 U.S.C. 113a Provided further, Provided further, BUILDINGS AND FACILITIES For the acquisition of land, construction, repair, improvement, extension, alteration, and purchase of fixed equipment or facilities as necessary to carry out the agricultural research programs of the Department of Agriculture, where not otherwise provided, $88,869,000 to remain available until expended, of which $47,464,000 shall be for the purposes, and in the amounts, specified for this account in the table titled Congressionally Directed Spending National institute of food and agriculture RESEARCH AND EDUCATION ACTIVITIES For payments to agricultural experiment stations, for cooperative forestry and other research, for facilities, and for other expenses, $1,084,600,000 which shall be for the purposes, and in the amounts, specified in the table titled National Institute of Food and Agriculture, Research and Education Activities Provided, Provided further, Provided further, Provided further, Provided further, Provided further, NATIVE AMERICAN INSTITUTIONS ENDOWMENT FUND For the Native American Institutions Endowment Fund authorized by Public Law 103–382 7 U.S.C. 301 EXTENSION ACTIVITIES For payments to States, the District of Columbia, Puerto Rico, Guam, the Virgin Islands, Micronesia, the Northern Marianas, and American Samoa, $567,410,000 which shall be for the purposes, and in the amounts, specified in the table titled National Institute of Food and Agriculture, Extension Activities Provided, Provided further, Provided further, 7 U.S.C. 343(b) Public Law 93–471 INTEGRATED ACTIVITIES For the integrated research, education, and extension grants programs, including necessary administrative expenses, $41,500,000, which shall be for the purposes, and in the amounts, specified in the table titled National Institute of Food and Agriculture, Integrated Activities Provided, Provided further, 7 U.S.C. 7626 Office of the under secretary for marketing and regulatory programs For necessary expenses of the Office of the Under Secretary for Marketing and Regulatory Programs, $1,617,000: Provided, Animal and plant health inspection service SALARIES AND EXPENSES (INCLUDING TRANSFERS OF FUNDS) For necessary expenses of the Animal and Plant Health Inspection Service, including up to $30,000 for representation allowances and for expenses pursuant to the Foreign Service Act of 1980 ( 22 U.S.C. 4085 Congressionally Directed Spending contingency fund 15 U.S.C. 1831 Provided, Provided further, Provided further, Provided further, Provided further, Provided further, 7 U.S.C. 2250 In fiscal year 2024, the agency is authorized to collect fees to cover the total costs of providing technical assistance, goods, or services requested by States, other political subdivisions, domestic and international organizations, foreign governments, or individuals, provided that such fees are structured such that any entity's liability for such fees is reasonably based on the technical assistance, goods, or services provided to the entity by the agency, and such fees shall be reimbursed to this account, to remain available until expended, without further appropriation, for providing such assistance, goods, or services. BUILDINGS AND FACILITIES For plans, construction, repair, preventive maintenance, environmental support, improvement, extension, alteration, and purchase of fixed equipment or facilities, as authorized by 7 U.S.C. 2250 7 U.S.C. 2268a Agricultural marketing service MARKETING SERVICES For necessary expenses of the Agricultural Marketing Service, $229,891,000, of which $7,500,000 shall be available for the purposes of section 12306 of Public Law 113–79 Public Law 117–103 Provided, Public Law 115–334 Public Law 116–6 Provided further, 7 U.S.C. 2250 Fees may be collected for the cost of standardization activities, as established by regulation pursuant to law ( 31 U.S.C. 9701 7 U.S.C. 71 et seq. LIMITATION ON ADMINISTRATIVE EXPENSES Not to exceed $62,596,000 (from fees collected) shall be obligated during the current fiscal year for administrative expenses: Provided, FUNDS FOR STRENGTHENING MARKETS, INCOME, AND SUPPLY (SECTION 32) (INCLUDING TRANSFERS OF FUNDS) Funds available under section 32 of the Act of August 24, 1935 ( 7 U.S.C. 612c 16 U.S.C. 742a et seq. Public Law 87–128 PAYMENTS TO STATES AND POSSESSIONS For payments to departments of agriculture, bureaus and departments of markets, and similar agencies for marketing activities under section 204(b) of the Agricultural Marketing Act of 1946 ( 7 U.S.C. 1623(b) LIMITATION ON INSPECTION AND WEIGHING SERVICES EXPENSES Not to exceed $55,000,000 (from fees collected) shall be obligated during the current fiscal year for inspection and weighing services: Provided, Office of the under secretary for food safety For necessary expenses of the Office of the Under Secretary for Food Safety, $1,117,000: Provided, Food safety and inspection service For necessary expenses to carry out services authorized by the Federal Meat Inspection Act, the Poultry Products Inspection Act, and the Egg Products Inspection Act, including not to exceed $10,000 for representation allowances and for expenses pursuant to section 8 of the Act approved August 3, 1956 ( 7 U.S.C. 1766 7 U.S.C. 138f Provided, Provided further, 7 U.S.C. 1901 et seq. Provided further, Public Law 110–246 Public Law 113–79 Provided further, 7 U.S.C. 2250 II FARM PRODUCTION AND CONSERVATION PROGRAMS Office of the under secretary for farm production and conservation For necessary expenses of the Office of the Under Secretary for Farm Production and Conservation, $1,727,000: Provided, Farm production and conservation business center SALARIES AND EXPENSES (INCLUDING TRANSFERS OF FUNDS) For necessary expenses of the Farm Production and Conservation Business Center, $249,684,000, of which $1,000,000 shall be for the implementation of section 773 of Public Law 117–328 Provided 16 U.S.C. 3841(a) Farm service agency SALARIES AND EXPENSES (INCLUDING TRANSFERS OF FUNDS) For necessary expenses of the Farm Service Agency, $1,215,307,000, of which not less than $15,000,000 shall be for the hiring of new employees to fill vacancies and anticipated vacancies at Farm Service Agency county offices and farm loan officers and shall be available until September 30, 2025: Provided, Provided further, Provided further, Provided further, Provided further, Provided further, Provided further, Provided further, STATE MEDIATION GRANTS For grants pursuant to section 502(b) of the Agricultural Credit Act of 1987, as amended ( 7 U.S.C. 5101–5106 Provided, States GRASSROOTS SOURCE WATER PROTECTION PROGRAM For necessary expenses to carry out wellhead or groundwater protection activities under section 1240O of the Food Security Act of 1985 ( 16 U.S.C. 3839bb–2 DAIRY INDEMNITY PROGRAM (INCLUDING TRANSFER OF FUNDS) For necessary expenses involved in making indemnity payments to dairy farmers and manufacturers of dairy products under a dairy indemnity program, such sums as may be necessary, to remain available until expended: Provided, Public Law 106–387 GEOGRAPHICALLY DISADVANTAGED FARMERS AND RANCHERS For necessary expenses to carry out direct reimbursement payments to geographically disadvantaged farmers and ranchers under section 1621 of the Food Conservation, and Energy Act of 2008 ( 7 U.S.C. 8792 AGRICULTURAL CREDIT INSURANCE FUND PROGRAM ACCOUNT (INCLUDING TRANSFERS OF FUNDS) For gross obligations for the principal amount of direct and guaranteed farm ownership ( 7 U.S.C. 1922 et seq. 7 U.S.C. 1941 et seq. 7 U.S.C. 1961 et seq. 25 U.S.C. 5136 7 U.S.C. 1989 7 U.S.C. 1924 et seq. 7 U.S.C. 1936c 25 U.S.C. 5136 Provided, For the cost of direct and guaranteed loans and grants, including the cost of modifying loans as defined in section 502 of the Congressional Budget Act of 1974, as follows: $3,507,000 for emergency loans, to remain available until expended; and $27,598,000 for direct farm operating loans, $1,483,000 for unsubsidized guaranteed farm operating loans, $19,368,000 for the relending program, $1,577,000 for Indian highly fractionated land loans, and $258,000 for boll weevil eradication program loans. In addition, for administrative expenses necessary to carry out the direct and guaranteed loan programs, $341,871,000: Provided, Farm Service Agency, Salaries and Expenses Funds appropriated by this Act to the Agricultural Credit Insurance Program Account for farm ownership, operating and conservation direct loans and guaranteed loans may be transferred among these programs: Provided, Risk management agency SALARIES AND EXPENSES For necessary expenses of the Risk Management Agency, $66,870,000: Provided, 7 U.S.C. 1516(b)(2)(C) Provided further, 7 U.S.C. 1506(i) Natural resources conservation service CONSERVATION OPERATIONS For necessary expenses for carrying out the provisions of the Act of April 27, 1935 (16 U.S.C. 590a–f), including preparation of conservation plans and establishment of measures to conserve soil and water (including farm irrigation and land drainage and such special measures for soil and water management as may be necessary to prevent floods and the siltation of reservoirs and to control agricultural related pollutants); operation of conservation plant materials centers; classification and mapping of soil; dissemination of information; acquisition of lands, water, and interests therein for use in the plant materials program by donation, exchange, or purchase at a nominal cost not to exceed $100 pursuant to the Act of August 3, 1956 ( 7 U.S.C. 2268a Provided, Provided further, 7 U.S.C. 2250a WATERSHED AND FLOOD PREVENTION OPERATIONS For necessary expenses to carry out preventive measures, including but not limited to surveys and investigations, engineering operations, works of improvement, and changes in use of land, in accordance with the Watershed Protection and Flood Prevention Act (16 U.S.C. 1001–1005 and 1007–1009) and in accordance with the provisions of laws relating to the activities of the Department, $90,405,000, to remain available until expended, of which up to $20,405,000 shall be for the purposes, and in the amounts, specified for this account in the table titled Congressionally Directed Spending Provided, Provided further, Public Law 78–534 Provided further, WATERSHED REHABILITATION PROGRAM Under the authorities of section 14 of the Watershed Protection and Flood Prevention Act, $2,000,000 is provided. CORPORATIONS The following corporations and agencies are hereby authorized to make expenditures, within the limits of funds and borrowing authority available to each such corporation or agency and in accord with law, and to make contracts and commitments without regard to fiscal year limitations as provided by section 104 of the Government Corporation Control Act as may be necessary in carrying out the programs set forth in the budget for the current fiscal year for such corporation or agency, except as hereinafter provided. Federal crop insurance corporation fund For payments as authorized by section 516 of the Federal Crop Insurance Act ( 7 U.S.C. 1516 Commodity credit corporation fund REIMBURSEMENT FOR NET REALIZED LOSSES (INCLUDING TRANSFERS OF FUNDS) For the current fiscal year, such sums as may be necessary to reimburse the Commodity Credit Corporation for net realized losses sustained, but not previously reimbursed, pursuant to section 2 of the Act of August 17, 1961 ( 15 U.S.C. 713a–11 Provided, 15 U.S.C. 714i Provided further, HAZARDOUS WASTE MANAGEMENT (LIMITATION ON EXPENSES) For the current fiscal year, the Commodity Credit Corporation shall not expend more than $15,000,000 for site investigation and cleanup expenses, and operations and maintenance expenses to comply with the requirement of section 107(g) of the Comprehensive Environmental Response, Compensation, and Liability Act ( 42 U.S.C. 9607(g) 42 U.S.C. 6961 III RURAL DEVELOPMENT PROGRAMS Office of the under secretary for rural development For necessary expenses of the Office of the Under Secretary for Rural Development, $1,620,000: Provided, Rural development SALARIES AND EXPENSES (INCLUDING TRANSFERS OF FUNDS) For necessary expenses for carrying out the administration and implementation of Rural Development programs, including activities with institutions concerning the development and operation of agricultural cooperatives; and for cooperative agreements; $351,087,000: Provided, Provided further, Provided further, Provided further, 42 U.S.C. 1472(i) Rural housing service RURAL HOUSING INSURANCE FUND PROGRAM ACCOUNT (INCLUDING TRANSFERS OF FUNDS) For gross obligations for the principal amount of direct and guaranteed loans as authorized by title V of the Housing Act of 1949, to be available from funds in the rural housing insurance fund, as follows: $850,000,000 shall be for direct loans, $7,500,000 shall be for a Single Family Housing Relending demonstration program for Native American Tribes; and $30,000,000,000, which shall remain available until September 30, 2025 shall be for unsubsidized guaranteed loans; $28,000,000 for section 504 housing repair loans; $60,000,000 for section 515 rental housing; $400,000,000 for section 538 guaranteed multi-family housing loans; $10,000,000 for credit sales of single family housing acquired property; $5,000,000 for section 523 self-help housing land development loans; and $5,000,000 for section 524 site development loans. For the cost of direct and guaranteed loans, including the cost of modifying loans, as defined in section 502 of the Congressional Budget Act of 1974, as follows: section 502 loans, $62,637,000 shall be for direct loans; Single Family Housing Relending demonstration program for Native American Tribes, $3,432,000; section 504 housing repair loans, $4,858,000; section 523 self-help housing land development loans, $637,000; section 524 site development loans, $477,000; and repair, rehabilitation, and new construction of section 515 rental housing, $20,988,000, to remain available until expended: Provided, 2 U.S.C. 661 et seq. Provided further, 42 U.S.C. 1490q Provided further, Provided further, Asset Management Fee In addition, for the cost of direct loans and grants, including the cost of modifying loans, as defined in section 502 of the Congressional Budget Act of 1974, $35,000,000, to remain available until expended, for a demonstration program for the preservation and revitalization of the sections 514, 515, and 516 multi-family rental housing properties to restructure existing USDA multi-family housing loans, as the Secretary deems appropriate, expressly for the purposes of ensuring the project has sufficient resources to preserve the project for the purpose of providing safe and affordable housing for low-income residents and farm laborers including reducing or eliminating interest; deferring loan payments, subordinating, reducing or re-amortizing loan debt; and other financial assistance including advances, payments and incentives (including the ability of owners to obtain reasonable returns on investment) required by the Secretary: Provided, In addition, for the cost of direct loans, grants, and contracts, as authorized by sections 514 and 516 of the Housing Act of 1949 ( 42 U.S.C. 1484 In addition, for administrative expenses necessary to carry out the direct and guaranteed loan programs, $412,254,000 shall be paid to the appropriation for Rural Development, Salaries and Expenses RENTAL ASSISTANCE PROGRAM For rental assistance agreements entered into or renewed pursuant to the authority under section 521(a)(2) of the Housing Act of 1949 or agreements entered into in lieu of debt forgiveness or payments for eligible households as authorized by section 502(c)(5)(D) of the Housing Act of 1949, $1,608,000,000, and in addition such sums as may be necessary, as authorized by section 521(c) of the Act, to liquidate debt incurred prior to fiscal year 1992 to carry out the rental assistance program under section 521(a)(2) of the Act: Provided, Provided further, Provided further, Provided further, 42 U.S.C. 1437f Provided further, Provided further, Provided further, Provided further, Provided further, Provided further, Provided further, Provided further, RURAL HOUSING VOUCHER ACCOUNT For the rural housing voucher program as authorized under section 542 of the Housing Act of 1949, but notwithstanding subsection (b) of such section, $48,000,000, to remain available until expended: Provided, Provided further, Provided further, Provided further, Provided further, MUTUAL AND SELF-HELP HOUSING GRANTS For grants and contracts pursuant to section 523(b)(1)(A) of the Housing Act of 1949 ( 42 U.S.C. 1490c RURAL HOUSING ASSISTANCE GRANTS For grants for very low-income housing repair and rural housing preservation made by the Rural Housing Service, as authorized by 42 U.S.C. 1474 RURAL COMMUNITY FACILITIES PROGRAM ACCOUNT (INCLUDING TRANSFERS OF FUNDS) For gross obligations for the principal amount of direct and guaranteed loans as authorized by section 306 and described in section 381E(d)(1) of the Consolidated Farm and Rural Development Act, $2,800,000,000 for direct loans and $650,000,000 for guaranteed loans. For the cost of direct loans, loan guarantees and grants, including the cost of modifying loans, as defined in section 502 of the Congressional Budget Act of 1974, for rural community facilities programs as authorized by section 306 and described in section 381E(d)(1) of the Consolidated Farm and Rural Development Act, $253,134,000, to remain available until expended, of which up to $205,134,000 shall be for the purposes, and in the amounts, specified for this account in the table titled Congressionally Directed Spending Provided, Provided further, Provided further, Provided further, Provided further, Provided further, Congressionally Directed Spending Provided further, Provided further, Rural business—Cooperative service RURAL BUSINESS PROGRAM ACCOUNT For the cost of loan guarantees and grants, for the rural business development programs authorized by section 310B and described in subsections (a), (c), (f) and (g) of section 310B of the Consolidated Farm and Rural Development Act, $77,728,000, to remain available until expended: Provided, 7 U.S.C. 2009aa et seq. 40 U.S.C. 15101 et seq. 40 U.S.C. 15301 et seq. 40 U.S.C. 14101 et seq. Provided further, Provided further, INTERMEDIARY RELENDING PROGRAM FUND ACCOUNT (INCLUDING TRANSFER OF FUNDS) For the principal amount of direct loans, as authorized by the Intermediary Relending Program Fund Account ( 7 U.S.C. 1936b For the cost of direct loans, $5,733,000, as authorized by the Intermediary Relending Program Fund Account ( 7 U.S.C. 1936b Public Law 100–460 Provided, In addition, for administrative expenses to carry out the direct loan programs, $4,468,000 shall be paid to the appropriation for Rural Development, Salaries and Expenses RURAL ECONOMIC DEVELOPMENT LOANS PROGRAM ACCOUNT For the principal amount of direct loans, as authorized under section 313B(a) of the Rural Electrification Act, for the purpose of promoting rural economic development and job creation projects, $75,000,000. The cost of grants authorized under section 313B(a) of the Rural Electrification Act, for the purpose of promoting rural economic development and job creation projects shall not exceed $15,000,000. RURAL COOPERATIVE DEVELOPMENT GRANTS For rural cooperative development grants authorized under section 310B(e) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1932 Provided, Public Law 107–171 RURAL MICROENTREPRENEUR ASSISTANCE PROGRAM For the principal amount of direct loans as authorized by section 379E of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 2008s For the cost of loans and grants, $6,000,000 under the same terms and conditions as authorized by section 379E of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 2008s RURAL ENERGY FOR AMERICA PROGRAM For the principal amount of loan guarantees, under the same terms and conditions as authorized by section 9007 of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 8107 HEALTHY FOOD FINANCING INITIATIVE For the cost of loans and grants that is consistent with section 243 of subtitle D of title II of the Department of Agriculture Reorganization Act of 1994 ( 7 U.S.C. 6953 Provided, Rural utilities service RURAL WATER AND WASTE DISPOSAL PROGRAM ACCOUNT (INCLUDING TRANSFERS OF FUNDS) For gross obligations for the principal amount of direct and guaranteed loans as authorized by section 306 and described in section 381E(d)(2) of the Consolidated Farm and Rural Development Act, as follows: $880,000,000 for direct loans; and $50,000,000 for guaranteed loans. For the cost of direct loans, loan guarantees and grants, including the cost of modifying loans, as defined in section 502 of the Congressional Budget Act of 1974, for rural water, waste water, waste disposal, and solid waste management programs authorized by sections 306, 306A, 306C, 306D, 306E, and 310B and described in sections 306C(a)(2), 306D, 306E, and 381E(d)(2) of the Consolidated Farm and Rural Development Act, $671,560,000, to remain available until expended, of which not to exceed $1,000,000 shall be available for the rural utilities program described in section 306(a)(2)(B) of such Act, and of which not to exceed $5,000,000 shall be available for the rural utilities program described in section 306E of such Act: Provided, Provided further, Provided further, Public Law 105–83 Provided further, Public Law 105–83 Provided further, Provided further, Provided further, Provided further, Provided further, Provided further, Provided further, 7 U.S.C. 918a Provided further, RURAL ELECTRIFICATION AND TELECOMMUNICATIONS LOANS PROGRAM ACCOUNT (INCLUDING TRANSFER OF FUNDS) The principal amount of loans and loan guarantees as authorized by sections 4, 305, 306, 313A, and 317 of the Rural Electrification Act of 1936 ( 7 U.S.C. 904 Provided, For the cost of direct loans as authorized by section 305(d)(2) of the Rural Electrification Act of 1936 ( 7 U.S.C. 935(d)(2) In addition, $10,734,000 to remain available until expended, to carry out section 6407 of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 8107a Provided, In addition, for administrative expenses necessary to carry out the direct and guaranteed loan programs, $33,270,000, which shall be paid to the appropriation for Rural Development, Salaries and Expenses DISTANCE LEARNING, TELEMEDICINE, AND BROADBAND PROGRAM For grants for telemedicine and distance learning services in rural areas, as authorized by 7 U.S.C. 950aaa et seq. Congressionally Directed Spending Provided, Provided further, For the cost to continue a broadband loan and grant pilot program established by section 779 of division A of the Consolidated Appropriations Act, 2018 ( Public Law 115–141 7 U.S.C. 901 et seq. Provided, 7 U.S.C. 950bb(a) Provided further, Provided further, Provided further, Provided further, Provided further, Provided further, Provided further, Provided further, 7 U.S.C. 950cc In addition, $35,000,000, to remain available until expended, for the Community Connect Grant Program authorized by 7 U.S.C. 950bb–3 IV DOMESTIC FOOD PROGRAMS Office of the under secretary for food, nutrition, and consumer services For necessary expenses of the Office of the Under Secretary for Food, Nutrition, and Consumer Services, $1,376,000: Provided, Food and nutrition service CHILD NUTRITION PROGRAMS (INCLUDING TRANSFERS OF FUNDS) For necessary expenses to carry out the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq. 42 U.S.C. 1771 et seq. Public Law 110–246 Provided, 42 U.S.C. 1771 et seq. Provided further, Provided further, 42 U.S.C. 1769(g) Provided further, 42 U.S.C. 1769(g)(3)(c) Provided further, Provided further, 42 U.S.C. 1769b–1(a)(2) Provided further, 42 U.S.C. 1769g(d) 2010 through 2024 2010 through 2025 Provided further, 42 U.S.C. 1758(h)(3) For fiscal year 2023 For fiscal year 2024 Provided further, 42 U.S.C. 1758(h)(4) For fiscal year 2023 For fiscal year 2024 SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS, AND CHILDREN (WIC) For necessary expenses to carry out the special supplemental nutrition program as authorized by section 17 of the Child Nutrition Act of 1966 ( 42 U.S.C. 1786 Provided, 42 U.S.C. 1786(h)(10) Provided further, Provided further, Provided further, Provided further, SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM For necessary expenses to carry out the Food and Nutrition Act of 2008 ( 7 U.S.C. 2011 et seq. Provided, Provided further, Provided further, Public Law 115–334 Provided further, Public Law 115–334 Provided further, Provided further, Provided further, Provided further, 8 U.S.C. 1183A Provided further, COMMODITY ASSISTANCE PROGRAM For necessary expenses to carry out disaster assistance and the Commodity Supplemental Food Program as authorized by section 4(a) of the Agriculture and Consumer Protection Act of 1973 ( 7 U.S.C. 612c Public Law 108–188 Provided, Provided further, Provided further, 7 U.S.C. 2036(a) NUTRITION PROGRAMS ADMINISTRATION For necessary administrative expenses of the Food and Nutrition Service for carrying out any domestic nutrition assistance program, $184,348,000: Provided, Public Law 107–171 Public Law 110–246 V FOREIGN ASSISTANCE AND RELATED PROGRAMS Office of the under secretary for trade and foreign agricultural affairs For necessary expenses of the Office of the Under Secretary for Trade and Foreign Agricultural Affairs, $932,000: Provided, OFFICE OF CODEX ALIMENTARIUS For necessary expenses of the Office of Codex Alimentarius, $4,922,000, including not to exceed $40,000 for official reception and representation expenses. Foreign agricultural service SALARIES AND EXPENSES (INCLUDING TRANSFERS OF FUNDS) For necessary expenses of the Foreign Agricultural Service, including not to exceed $250,000 for representation allowances and for expenses pursuant to section 8 of the Act approved August 3, 1956 ( 7 U.S.C. 1766 Provided, 7 U.S.C. 1737 Provided further, FOOD FOR PEACE TITLE II GRANTS For expenses during the current fiscal year, not otherwise recoverable, and unrecovered prior years’ costs, including interest thereon, under the Food for Peace Act ( Public Law 83–480 MCGOVERN-DOLE INTERNATIONAL FOOD FOR EDUCATION AND CHILD NUTRITION PROGRAM GRANTS For necessary expenses to carry out the provisions of section 3107 of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 1736o–1 Provided, Provided further, 7 U.S.C. 1736o–1(a)(2) COMMODITY CREDIT CORPORATION EXPORT (LOANS) CREDIT GUARANTEE PROGRAM ACCOUNT (INCLUDING TRANSFERS OF FUNDS) For administrative expenses to carry out the Commodity Credit Corporation's Export Guarantee Program, GSM 102 and GSM 103, $6,063,000, to cover common overhead expenses as permitted by section 11 of the Commodity Credit Corporation Charter Act and in conformity with the Federal Credit Reform Act of 1990, which shall be transferred to and merged with the appropriation for Foreign Agricultural Service, Salaries and Expenses VI RELATED AGENCY AND FOOD AND DRUG ADMINISTRATION Department of health and human services FOOD AND DRUG ADMINISTRATION SALARIES AND EXPENSES (INCLUDING TRANSFERS OF FUNDS) For necessary expenses of the Food and Drug Administration, including hire and purchase of passenger motor vehicles; for payment of space rental and related costs pursuant to Public Law 92–313 Public Law 114–255 Public Law 107–188 Provided, 21 U.S.C. 379h 21 U.S.C. 379j 21 U.S.C. 379j–42 21 U.S.C. 379j–52 21 U.S.C. 379j–12 21 U.S.C. 379j–21 21 U.S.C. 387s Provided further, Provided further, Provided further, Provided further, Provided further, Provided further, Provided further, 21 U.S.C. 379dd(n) Provided further, other activities Department of Health and Human Services—Office of Inspector General Provided further, In addition, mammography user fees authorized by 42 U.S.C. 263b 21 U.S.C. 381 21 U.S.C. 379j–31 21 U.S.C. 379j–62 21 U.S.C. 353(e)(3) 21 U.S.C. 360eee–3(c)(1) 21 U.S.C. 384d(c)(8) BUILDINGS AND FACILITIES For plans, construction, repair, improvement, extension, alteration, demolition, and purchase of fixed equipment or facilities of or used by the Food and Drug Administration, where not otherwise provided, $12,788,000, to remain available until expended. FDA INNOVATION ACCOUNT, CURES ACT (INCLUDING TRANSFER OF FUNDS) For necessary expenses to carry out the purposes described under section 1002(b)(4) of the 21st Century Cures Act, in addition to amounts available for such purposes under the heading Salaries and Expenses Provided, Department of Health and Human Services Food and Drug Administration Salaries and Expenses Provided further, Provided further, INDEPENDENT AGENCY Farm credit administration LIMITATION ON ADMINISTRATIVE EXPENSES Not to exceed $94,300,000 (from assessments collected from farm credit institutions, including the Federal Agricultural Mortgage Corporation) shall be obligated during the current fiscal year for administrative expenses as authorized under 12 U.S.C. 2249: Provided, Provided further, Provided further, 12 U.S.C. 2128(b)(2)(A)(i) VII GENERAL PROVISIONS (INCLUDING RESCISSIONS AND TRANSFERS OF FUNDS) 701. The Secretary may use any appropriations made available to the Department of Agriculture in this Act to purchase new passenger motor vehicles, in addition to specific appropriations for this purpose, so long as the total number of vehicles purchased in fiscal year 2024 does not exceed the number of vehicles owned or leased in fiscal year 2018: Provided, Provided further, 702. Notwithstanding any other provision of this Act, the Secretary of Agriculture may transfer unobligated balances of discretionary funds appropriated by this Act or any other available unobligated discretionary balances that are remaining available of the Department of Agriculture to the Working Capital Fund for the acquisition of property, plant and equipment and for the improvement, delivery, and implementation of Department financial, and administrative information technology services, and other support systems necessary for the delivery of financial, administrative, and information technology services, including cloud adoption and migration, of primary benefit to the agencies of the Department of Agriculture, such transferred funds to remain available until expended: Provided, Provided further, Provided further, Provided further, Provided further, Provided further, Provided further, Provided further, Provided further, 703. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein. 704. No funds appropriated by this Act may be used to pay negotiated indirect cost rates on cooperative agreements or similar arrangements between the United States Department of Agriculture and nonprofit institutions in excess of 10 percent of the total direct cost of the agreement when the purpose of such cooperative arrangements is to carry out programs of mutual interest between the two parties. This does not preclude appropriate payment of indirect costs on grants and contracts with such institutions when such indirect costs are computed on a similar basis for all agencies for which appropriations are provided in this Act. 705. Appropriations to the Department of Agriculture for the cost of direct and guaranteed loans made available in the current fiscal year shall remain available until expended to disburse obligations made in the current fiscal year for the following accounts: the Rural Development Loan Fund program account, the Rural Electrification and Telecommunication Loans program account, and the Rural Housing Insurance Fund program account. 706. None of the funds made available to the Department of Agriculture by this Act may be used to acquire new information technology systems or significant upgrades, as determined by the Office of the Chief Information Officer, without the approval of the Chief Information Officer and the concurrence of the Executive Information Technology Investment Review Board: Provided, Provided further, Provided further, Public Law 113–235 707. Funds made available under section 524(b) of the Federal Crop Insurance Act ( 7 U.S.C. 1524(b) 708. Notwithstanding any other provision of law, any former Rural Utilities Service borrower that has repaid or prepaid an insured, direct or guaranteed loan under the Rural Electrification Act of 1936, or any not-for-profit utility that is eligible to receive an insured or direct loan under such Act, shall be eligible for assistance under section 313B(a) of such Act in the same manner as a borrower under such Act. 709. Except as otherwise specifically provided by law, not more than $20,000,000 in unobligated balances from appropriations made available for salaries and expenses in this Act for the Farm Service Agency shall remain available through September 30, 2025, for information technology expenses. 710. None of the funds appropriated or otherwise made available by this Act may be used for first-class travel by the employees of agencies funded by this Act in contravention of sections 301–10.122 through 301–10.124 of title 41, Code of Federal Regulations. 711. In the case of each program established or amended by the Agricultural Act of 2014 ( Public Law 113–79 (1) such funds shall be available for salaries and related administrative expenses, including technical assistance, associated with the implementation of the program, without regard to the limitation on the total amount of allotments and fund transfers contained in section 11 of the Commodity Credit Corporation Charter Act ( 15 U.S.C. 714i (2) the use of such funds for such purpose shall not be considered to be a fund transfer or allotment for purposes of applying the limitation on the total amount of allotments and fund transfers contained in such section. 712. Of the funds made available by this Act, not more than $2,900,000 shall be used to cover necessary expenses of activities related to all advisory committees, panels, commissions, and task forces of the Department of Agriculture, except for panels used to comply with negotiated rule makings and panels used to evaluate competitively awarded grants. 713. (a) None of the funds made available in this Act may be used to maintain or establish a computer network unless such network blocks the viewing, downloading, and exchanging of pornography. (b) Nothing in subsection (a) shall limit the use of funds necessary for any Federal, State, tribal, or local law enforcement agency or any other entity carrying out criminal investigations, prosecution, or adjudication activities. 714. Notwithstanding subsection (b) of section 14222 of Public Law 110–246 7 U.S.C. 612c–6 section 14222 7 U.S.C. 612c section 32 Provided, Provided further, 715. None of the funds appropriated by this or any other Act shall be used to pay the salaries and expenses of personnel who prepare or submit appropriations language as part of the President's budget submission to the Congress for programs under the jurisdiction of the Appropriations Subcommittees on Agriculture, Rural Development, Food and Drug Administration, and Related Agencies that assumes revenues or reflects a reduction from the previous year due to user fees proposals that have not been enacted into law prior to the submission of the budget unless such budget submission identifies which additional spending reductions should occur in the event the user fees proposals are not enacted prior to the date of the convening of a committee of conference for the fiscal year 2024 appropriations Act. 716. (a) None of the funds provided by this Act, or provided by previous appropriations Acts to the agencies funded by this Act that remain available for obligation or expenditure in the current fiscal year, or provided from any accounts in the Treasury derived by the collection of fees available to the agencies funded by this Act, shall be available for obligation or expenditure through a reprogramming, transfer of funds, or reimbursements as authorized by the Economy Act, or in the case of the Department of Agriculture, through use of the authority provided by section 702(b) of the Department of Agriculture Organic Act of 1944 ( 7 U.S.C. 2257 Public Law 89–106 7 U.S.C. 2263 (1) creates new programs; (2) eliminates a program, project, or activity; (3) increases funds or personnel by any means for any project or activity for which funds have been denied or restricted; (4) relocates an office or employees; (5) reorganizes offices, programs, or activities; or (6) contracts out or privatizes any functions or activities presently performed by Federal employees; unless the Secretary of Agriculture or the Secretary of Health and Human Services (as the case may be) notifies in writing and receives approval from the Committees on Appropriations of both Houses of Congress at least 30 days in advance of the reprogramming of such funds or the use of such authority. (b) None of the funds provided by this Act, or provided by previous Appropriations Acts to the agencies funded by this Act that remain available for obligation or expenditure in the current fiscal year, or provided from any accounts in the Treasury derived by the collection of fees available to the agencies funded by this Act, shall be available for obligation or expenditure for activities, programs, or projects through a reprogramming or use of the authorities referred to in subsection (a) involving funds in excess of $500,000 or 10 percent, whichever is less, that— (1) augments existing programs, projects, or activities; (2) reduces by 10 percent funding for any existing program, project, or activity, or numbers of personnel by 10 percent as approved by Congress; or (3) results from any general savings from a reduction in personnel which would result in a change in existing programs, activities, or projects as approved by Congress; unless the Secretary of Agriculture or the Secretary of Health and Human Services (as the case may be) notifies in writing and receives approval from the Committees on Appropriations of both Houses of Congress at least 30 days in advance of the reprogramming or transfer of such funds or the use of such authority. (c) The Secretary of Agriculture or the Secretary of Health and Human Services shall notify in writing and receive approval from the Committees on Appropriations of both Houses of Congress before implementing any program or activity not carried out during the previous fiscal year unless the program or activity is funded by this Act or specifically funded by any other Act. (d) None of the funds provided by this Act, or provided by previous Appropriations Acts to the agencies funded by this Act that remain available for obligation or expenditure in the current fiscal year, or provided from any accounts in the Treasury derived by the collection of fees available to the agencies funded by this Act, shall be available for— (1) modifying major capital investments funding levels, including information technology systems, that involves increasing or decreasing funds in the current fiscal year for the individual investment in excess of $500,000 or 10 percent of the total cost, whichever is less; (2) realigning or reorganizing new, current, or vacant positions or agency activities or functions to establish a center, office, branch, or similar entity with ten or more personnel; or (3) carrying out activities or functions that were not described in the budget request; unless the agencies funded by this Act notify, in writing, the Committees on Appropriations of both Houses of Congress at least 30 days in advance of using the funds for these purposes. (e) As described in this section, no funds may be used for any activities unless the Secretary of Agriculture or the Secretary of Health and Human Services receives from the Committee on Appropriations of both Houses of Congress written or electronic mail confirmation of receipt of the notification as required in this section. 717. Notwithstanding section 310B(g)(5) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1932(g)(5) 718. None of the funds appropriated or otherwise made available to the Department of Agriculture, the Food and Drug Administration or the Farm Credit Administration shall be used to transmit or otherwise make available reports, questions, or responses to questions that are a result of information requested for the appropriations hearing process to any non-Department of Agriculture, non-Department of Health and Human Services, or non-Farm Credit Administration employee. 719. Unless otherwise authorized by existing law, none of the funds provided in this Act, may be used by an executive branch agency to produce any prepackaged news story intended for broadcast or distribution in the United States unless the story includes a clear notification within the text or audio of the prepackaged news story that the prepackaged news story was prepared or funded by that executive branch agency. 720. No employee of the Department of Agriculture may be detailed or assigned from an agency or office funded by this Act or any other Act to any other agency or office of the Department for more than 60 days in a fiscal year unless the individual's employing agency or office is fully reimbursed by the receiving agency or office for the salary and expenses of the employee for the period of assignment. 721. Not later than 30 days after the date of enactment of this Act, the Secretary of Agriculture, the Commissioner of the Food and Drug Administration and the Chairman of the Farm Credit Administration shall submit to the Committees on Appropriations of both Houses of Congress a detailed spending plan by program, project, and activity for all the funds made available under this Act including appropriated user fees, as defined in the report accompanying this Act. 722. None of the funds made available by this Act may be used to propose, promulgate, or implement any rule, or take any other action with respect to, allowing or requiring information intended for a prescribing health care professional, in the case of a drug or biological product subject to section 503(b)(1) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 353(b)(1) 723. For the purposes of determining eligibility or level of program assistance for Rural Housing Service programs the Secretary shall not include incarcerated prison populations. 724. For loans and loan guarantees that do not require budget authority and the program level has been established in this Act, the Secretary of Agriculture may increase the program level for such loans and loan guarantees by not more than 25 percent: Provided, 725. None of the credit card refunds or rebates transferred to the Working Capital Fund pursuant to section 729 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2002 ( 7 U.S.C. 2235a Public Law 107–76 Provided, 726. None of the funds made available by this Act may be used to implement, administer, or enforce the variety Enhancing Retailer Standards in the Supplemental Nutrition Assistance Program (SNAP) variety variety staple food Provided, Public Law 113–79 727. In carrying out subsection (h) of section 502 of the Housing Act of 1949 ( 42 U.S.C. 1472 42 U.S.C. 1490p–2 728. None of the funds appropriated or otherwise made available by this Act shall be available for the United States Department of Agriculture to propose, finalize or implement any regulation that would promulgate new user fees pursuant to 31 U.S.C. 9701 after the date of the enactment of this Act. 729. Of the unobligated balances from amounts made available for the Broadband Treasury Rate Loan program, authorized in section 601 of the Rural Electrification Act of 1936 ( 7 U.S.C. 950bb Provided, 730. Notwithstanding any provision of law that regulates the calculation and payment of overtime and holiday pay for FSIS inspectors, the Secretary may charge establishments subject to the inspection requirements of the Poultry Products Inspection Act, 21 U.S.C. 451 et seq. 21 U.S.C. 1031 et seq. Provided, Public Law 117–2 Provided further, 731. (a) The Secretary of Agriculture shall— (1) conduct audits in a manner that evaluates the following factors in the country or region being audited, as applicable— (A) veterinary control and oversight; (B) disease history and vaccination practices; (C) livestock demographics and traceability; (D) epidemiological separation from potential sources of infection; (E) surveillance practices; (F) diagnostic laboratory capabilities; and (G) emergency preparedness and response; and (2) promptly make publicly available the final reports of any audits or reviews conducted pursuant to paragraph (1). (b) This section shall be applied in a manner consistent with United States obligations under its international trade agreements. 732. Of the unobligated balances from amounts made available in prior Acts for the rural housing voucher program authorized by section 542 of the Housing Act of 1949, ( 42 U.S.C. 1471 et seq. Provided, 733. Of the unobligated balances from amounts made available in prior Acts under the heading Rural Cooperative Development Grants 7 U.S.C. 1632b Provided, 734. (a) (1) No Federal funds made available for this fiscal year for the rural water, waste water, waste disposal, and solid waste management programs authorized by sections 306, 306A, 306C, 306D, 306E, and 310B of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1926 et seq. (2) In this section, the term iron and steel products (b) Subsection (a) shall not apply in any case or category of cases in which the Secretary of Agriculture (in this section referred to as the Secretary (1) applying subsection (a) would be inconsistent with the public interest; (2) iron and steel products are not produced in the United States in sufficient and reasonably available quantities or of a satisfactory quality; or (3) inclusion of iron and steel products produced in the United States will increase the cost of the overall project by more than 25 percent. (c) If the Secretary or the designee receives a request for a waiver under this section, the Secretary or the designee shall make available to the public on an informal basis a copy of the request and information available to the Secretary or the designee concerning the request, and shall allow for informal public input on the request for at least 15 days prior to making a finding based on the request. The Secretary or the designee shall make the request and accompanying information available by electronic means, including on the official public Internet Web site of the Department. (d) This section shall be applied in a manner consistent with United States obligations under international agreements. (e) The Secretary may retain up to 0.25 percent of the funds appropriated in this Act for Rural Utilities Service—Rural Water and Waste Disposal Program Account (f) Subsection (a) shall not apply with respect to a project for which the engineering plans and specifications include use of iron and steel products otherwise prohibited by such subsection if the plans and specifications have received required approvals from State agencies prior to the date of enactment of this Act. (g) For purposes of this section, the terms United States State 735. None of the funds appropriated by this Act may be used in any way, directly or indirectly, to influence congressional action on any legislation or appropriation matters pending before Congress, other than to communicate to Members of Congress as described in 18 U.S.C. 1913 736. Of the total amounts made available by this Act for direct loans and grants under the following headings: Rural Housing Service—Rural Housing Insurance Fund Program Account Rural Housing Service—Mutual and Self-Help Housing Grants Rural Housing Service—Rural Housing Assistance Grants Rural Housing Service—Rural Community Facilities Program Account Rural Business-Cooperative Service—Rural Business Program Account Rural Business-Cooperative Service—Rural Economic Development Loans Program Account Rural Business-Cooperative Service—Rural Cooperative Development Grants Rural Business-Cooperative Service—Rural Microentrepreneur Assistance Program Rural Utilities Service—Rural Water and Waste Disposal Program Account Rural Utilities Service—Rural Electrification and Telecommunications Loans Program Account Rural Utilities Service—Distance Learning, Telemedicine, and Broadband Program Provided, persistent poverty counties Provided further, 737. None of the funds made available by this Act may be used to notify a sponsor or otherwise acknowledge receipt of a submission for an exemption for investigational use of a drug or biological product under section 505(i) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355(i) 42 U.S.C. 262(a)(3) 738. None of the funds made available by this or any other Act may be used to enforce the final rule promulgated by the Food and Drug Administration entitled Standards for the Growing, Harvesting, Packing, and Holding of Produce for Human Consumption 739. There is hereby appropriated $3,000,000, to remain available until September 30, 2025, for a pilot program for the National Institute of Food and Agriculture to provide grants to nonprofit organizations for programs and services to establish and enhance farming and ranching opportunities for military veterans. 740. For school years 2023–2024 and 2024–2025, none of the funds made available by this Act may be used to implement or enforce the matter following the first comma in the second sentence of footnote (c) of section 220.8(c) of title 7, Code of Federal Regulations, with respect to the substitution of vegetables for fruits under the school breakfast program established under section 4 of the Child Nutrition Act of 1966 ( 42 U.S.C. 1773 741. None of the funds made available by this Act or any other Act may be used— (1) in contravention of section 7606 of the Agricultural Act of 2014 ( 7 U.S.C. 5940 (2) to prohibit the transportation, processing, sale, or use of hemp, or seeds of such plant, that is grown or cultivated in accordance with section 7606 of the Agricultural Act of 2014 or subtitle G of the Agricultural Marketing Act of 1946, within or outside the State in which the hemp is grown or cultivated. 742. The Secretary of Agriculture may waive the matching funds requirement under section 412(g) of the Agricultural Research, Extension, and Education Reform Act of 1998 ( 7 U.S.C. 7632(g) 743. There is hereby appropriated $2,000,000, to remain available until expended, for a pilot program for the Secretary to provide grants to qualified non-profit organizations and public housing authorities to provide technical assistance, including financial and legal services, to RHS multi-family housing borrowers to facilitate the acquisition of RHS multi-family housing properties in areas where the Secretary determines a risk of loss of affordable housing, by non-profit housing organizations and public housing authorities as authorized by law that commit to keep such properties in the RHS multi-family housing program for a period of time as determined by the Secretary. 744. Of the unobligated balances from amounts made available in prior Acts under the heading Rural Housing Assistance Grants 42 U.S.C. 1474 Provided, 745. Of the unobligated balances of the amounts made available for fiscal year 2022 for the National Institute of Food and Agriculture—Research and Extension Activities Provided, 746. Funds made available under title II of the Food for Peace Act ( 7 U.S.C. 1721 et seq. 747. None of the funds made available by this Act may be used to procure raw or processed poultry products imported into the United States from the People’s Republic of China for use in the school lunch program under the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq. 42 U.S.C. 1766 42 U.S.C. 1761 42 U.S.C. 1771 et seq. 748. For school year 2024–2025, only a school food authority that had a negative balance in the nonprofit school food service account as of June 30, 2023, shall be required to establish a price for paid lunches in accordance with section 12(p) of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1760(p) 749. Any funds made available by this or any other Act that the Secretary withholds pursuant to section 1668(g)(2) of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 5921(g)(2) Provided, 750. Notwithstanding any other provision of law, no funds available to the Department of Agriculture may be used to move any staff office or any agency from the mission area in which it was located on August 1, 2018, to any other mission area or office within the Department in the absence of the enactment of specific legislation affirming such move. 751. The Secretary, acting through the Chief of the Natural Resources Conservation Service, may use funds appropriated under this Act or any other Act for the Watershed and Flood Prevention Operations Program and the Watershed Rehabilitation Program carried out pursuant to the Watershed Protection and Flood Prevention Act ( 16 U.S.C. 1001 et seq. 16 U.S.C. 2203 16 U.S.C. 3851(a)(1) 752. In administering the pilot program established by section 779 of division A of the Consolidated Appropriations Act, 2018 ( Public Law 115–141 Areas Rural in Character Provided, Distance Learning, Telemedicine, and Broadband Program Public Law 115–141 753. In addition to amounts otherwise made available by this Act and notwithstanding the last sentence of 16 U.S.C. 1310 16 U.S.C. 1301–1311 754. Out of amounts appropriated to the Food and Drug Administration under title VI, the Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, shall, not later than September 30, 2024, and following the review required under Executive Order No. 12866 ( 5 U.S.C. 601 Advice About Eating Fish, From the Environmental Protection Agency and Food and Drug Administration; Revised Fish Advice; Availability 755. There is hereby appropriated $2,000,000, to remain available until expended, to carry out section 2103 of Public Law 115–334 Provided, 756. Notwithstanding any other provision of law, the acceptable market name of any engineered animal approved prior to the effective date of the National Bioengineered Food Disclosure Standard (February 19, 2019) shall include the words genetically engineered 757. The Secretary shall set aside for Rural Economic Area Partnership (REAP) Zones, until August 15, 2024, an amount of funds made available in title III under the headings of Rural Housing Insurance Fund Program Account, Mutual and Self-Help Housing Grants, Rural Housing Assistance Grants, Rural Community Facilities Program Account, Rural Business Program Account, Rural Development Loan Fund Program Account, and Rural Water and Waste Disposal Program Account, equal to the amount obligated in REAP Zones with respect to funds provided under such headings in the most recent fiscal year any such funds were obligated under such headings for REAP Zones, excluding the funding provided through any Congressionally Directed Spending/Community Project Funding. 758. There is hereby appropriated $500,000 to carry out the duties of the working group established under section 770 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2019 ( Public Law 116–6 759. For an additional amount for the Office of the Secretary, $9,000,000, to remain available until expended, to continue the Institute for Rural Partnerships as established in section 778 of Public Law 117–103 Provided, Provided further, Provided further, 760. Funds made available in the Consolidated Appropriations Act, 2018 ( Public Law 115–141 Rural Community Facilities Program Account 7 U.S.C. 1926 761. Section 523 of the Housing Act of 1949 ( 42 U.S.C. 1490c two years five years 762. Section 524 of the Housing Act of 1949 ( 42 U.S.C. 1490d two years five years 763. Section 592 of the Stewart B. McKinney Homeless Assistance Act ( 42 U.S.C. 11408a (1) in the section heading by striking FMHA USDA (2) in subsection (a), by, in the matter preceding paragraph (1), striking program and nonprogram (3) by striking subsection (b) and inserting the following: (b) Priority The priority uses of inventory property under this section shall be given priority equal to or higher than the disposition of such property in accordance with priorities determined by the Secretary as necessary to protect the best interests of the Federal Government. . 764. Section 363 of the Multifamily Mortgage Foreclosure Act of 1981 ( 12 U.S.C. 3702 Secretary of Housing Urban Development and the Secretary of Agriculture 765. There is hereby appropriated $3,000,000, to remain available until September 30, 2025, for a Bison Production and Marketing Grant Program that the Agricultural Marketing Service shall develop and maintain: Provided, 7 U.S.C. 1627a(c) 766. Notwithstanding the Agricultural Marketing Act of 1946 ( 7 U.S.C. 1622 et seq. 767. Of the unobligated balances available to the Department of Agriculture for the Rural Water Operation Program under the heading Natural Resources Conservation Service—Watershed and Flood Prevention Operations Provided, 768. If services performed by APHIS employees are determined by the Administrator of the Animal and Plant Health Inspection Service to be in response to an animal disease outbreak, any premium pay that is funded, either directly or through reimbursement, shall be exempted from the aggregate of basic pay and premium pay calculated under section 5547 of title 5, United States Code, and any other provision of law limiting the aggregate amount of premium pay payable on a biweekly or calendar year basis: Provided, 769. None of the funds appropriated or otherwise made available by this or any other Act may be used by the Food Safety and Inspection Service to take any action that would result in the permanent relocation, demotion, or termination of any Supervisory Public Heath Veterinarian (SPHV), solely as result of the creation of the District Veterinary Medical Officer position, prior to completing a 1010 package and cost-benefit analysis, and briefing the Committees on Appropriations of both Houses of Congress. 770. None of the funds appropriated or otherwise made available by this or any other Act may be used to purchase, deploy, or train third parties on the use of M–44 sodium cyanide ejector devices ( M–44s Compound 1080 771. Notwithstanding section 521(a)(1)(B) of the Housing Act of 1949 ( 42 U.S.C. 1490a(a)(1)(B) 42 U.S.C. 1472 42 U.S.C. 1490a(a)(1)(A) 772. Any rule-making, notice or guidance of or regarding USDA Proposed Rule (Child Nutrition Programs: Revisions to Meal Patterns Consistent With the 2020 Dietary Guidelines for Americans; RIN 0584–AE88) shall allow and provide meal reimbursement for (or low fat or fat free 773. Weekly sodium limits that may be included in any rule-making, notice or guidance of or regarding USDA Proposed Rule (Child Nutrition Programs: Revisions to Meal Patterns Consistent With the 2020 Dietary Guidelines for Americans; RIN 0584–AE88) shall exclude sodium used for food safety and functional purposes in cheese-making, as determined by the Secretary, in consultation with FDA. Sodium limits will not take effect until the Secretary determines the amounts which shall be excluded. 774. Notwithstanding section 521(a)(1)(B) of the Housing Act of 1949 (42 U.S.C 1490a(a)(1)(B)), for loans made under section 502 ( 42 U.S.C. 1472 42 U.S.C. 1490a(a)(1)(A) 775. Section 542(b)(2) of the Housing Act, ( 42 U.S.C. 1490r 5,000 10,000 776. None of the funds made available by this Act may be used to pay the salaries or expenses of personnel— (1) to inspect horses under section 3 of the Federal Meat Inspection Act ( 21 U.S.C. 603 (2) to inspect horses under section 903 of the Federal Agriculture Improvement and Reform Act of 1996 ( 7 U.S.C. 1901 Public Law 104–127 (3) to implement or enforce section 352.19 of title 9, Code of Federal Regulations (or a successor regulation). This Act may be cited as the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2024 June 22, 2023 Read twice and placed on the calendar

Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2024

Catastrophic Wildfire Prevention Act of 2023 This bill directs the Forest Service to establish a pilot program to implement treatments and conduct related fire-suppression activities in areas of the National Forest System that are west of the 100th meridian and near communities that may benefit from such treatments and activities.

118 S2132 IS: Catastrophic Wildfire Prevention Act of 2023 U.S. Senate 2023-06-22 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 2132 IN THE SENATE OF THE UNITED STATES June 22, 2023 Mr. Lee Committee on Energy and Natural Resources A BILL To require the Secretary of Agriculture to establish a pilot program for the establishment and use of a pre-fire-suppression stand density index, and for other purposes. 1. Short title This Act may be cited as the Catastrophic Wildfire Prevention Act of 2023 2. Pilot program (a) Definitions In this section: (1) Area of the National Forest System The term area of the National Forest System (2) Pilot program The term pilot program (3) Pre-fire-suppression stand density index The term pre-fire-suppression stand density index (4) Secretary The term Secretary (5) Stand density index The term stand density index (6) Treatment The term treatment (A) a mechanical treatment of hazardous fuels; (B) a stewardship end-result contracting project; (C) restoration services; or (D) timber harvesting. (b) Establishment The Secretary shall establish a pilot program under which the Secretary shall— (1) collaborate with State or local forest management agencies— (A) to identify areas of the National Forest System for potential selection under paragraph (3) for inclusion in the pilot program; and (B) to research and establish a pre-fire-suppression stand density index for each area of the National Forest System identified under subparagraph (A); (2) evaluate how closely each pre-fire-suppression stand density index established under paragraph (1)(B) reflects current forest conditions and current published resource management objectives established by the Secretary for the applicable area of the National Forest System; and (3) select, in consultation with State or local forest management agencies, not fewer than 8 areas of the National Forest System identified under paragraph (1)(A) with respect to which the area and neighboring communities may benefit from using a pre-fire-suppression stand density index as a benchmark for treatments by— (A) reducing the chances of catastrophic wildfire; (B) increasing forest health; (C) increasing forest resilience; (D) increasing ecological diversity; or (E) improving such other criteria as the Secretary, in consultation with State or local forest management agencies, determine to be appropriate. (c) Implementation Not later than 2 years after the date of enactment of this Act, the Secretary shall begin to conduct treatments on areas of the National Forest System selected under subsection (b)(3), and update applicable land and resource management plans to include objectives and benchmarks, in accordance with the applicable pre-fire-suppression stand density index established under subsection (b)(1)(B). (d) Selection of areas In selecting areas of the National Forest System for inclusion in the pilot program under subsection (b)(3) and conducting treatments under subsection (c), the Secretary shall— (1) give priority to an area— (A) within the wildland-urban interface (as defined in section 101 of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6511 (B) constituting a community watershed; (C) vulnerable to erosion; (D) hosting multiple-use activities; (E) critical to supporting wildlife or plant species health; or (F) with respect to which a treatment is necessary to prevent catastrophic wildfire; and (2) select a geographically diverse sample of areas of the National Forest System, which shall include not fewer than 3 areas of the National Forest System in the southwest United States. (e) Funding The Secretary shall carry out this section using funds otherwise made available to the Secretary for fuels reduction treatments.

Catastrophic Wildfire Prevention Act of 2023

Smoke Exposure Research Act of 2023 This bill directs the Agricultural Research Service (ARS) to conduct research relating to smoke exposure and wine grapes. This research must be done in coordination with land-grant colleges and universities that are located in California, Oregon, and Washington and have researched the effects of smoke exposure on viticulture and enology operations and practices. Specifically, ARS must conduct research to identify the compounds responsible for smoke taint, conduct research to establish standard methodologies for sampling and testing smoke-exposed wine grapes and smoke-affected wines, establish a reliable database of background levels of smoke taint compounds that occur naturally in wine grapes, develop risk assessment tools or mitigation methods to reduce or eliminate smoke taint, and study compounds that can act as a barrier between wine grapes and smoke compounds.

118 S2135 IS: Smoke Exposure Research Act of 2023 U.S. Senate 2023-06-22 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 2135 IN THE SENATE OF THE UNITED STATES June 22, 2023 Mr. Padilla Mr. Merkley Mrs. Feinstein Mr. Wyden Committee on Agriculture, Nutrition, and Forestry A BILL To require the Agricultural Research Service to conduct research relating to wildfire smoke exposure on wine grapes, and for other purposes. 1. Short title This Act may be cited as the Smoke Exposure Research Act of 2023 2. Wildfire smoke exposure research on wine grapes (a) Research (1) In general The Secretary of Agriculture, acting through the Administrator of the Agricultural Research Service, shall— (A) conduct research— (i) to identify the compounds responsible for smoke taint; and (ii) to establish standard methodologies for sampling and testing smoke-exposed wine grapes and smoke-affected wines, including fast and inexpensive screening methods; (B) establish a reliable database of background levels of smoke taint compounds that occur naturally in wine grapes; (C) develop risk assessment tools or mitigation methods to reduce or eliminate smoke taint; and (D) study compounds that can act as a barrier between wine grapes and smoke compounds. (2) Coordination The Secretary of Agriculture, acting through the Administrator of the Agricultural Research Service, shall carry out paragraph (1) in coordination with land-grant colleges and universities (as defined in section 1404 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 ( 7 U.S.C. 3103 (b) Authorization of appropriations There is authorized to be appropriated to carry out this section $6,500,000 for each of fiscal years 2024 through 2028, to remain available until expended.

Smoke Exposure Research Act of 2023

Constitutional Concealed Carry Reciprocity Act of 2023 This bill allows a qualified individual to carry a concealed handgun into or possess a concealed handgun in another state that allows its residents to carry concealed firearms. A qualified individual must (1) be eligible to possess, transport, or receive a firearm under federal law; (2) carry a valid photo identification document; and (3) carry a valid state-issued concealed carry permit, or be eligible to carry a concealed firearm in his or her state of residence.

118 S214 PCS: Constitutional Concealed Carry Reciprocity Act of 2023 U.S. Senate 2023-02-02 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II Calendar No. 10 118th CONGRESS 1st Session S. 214 IN THE SENATE OF THE UNITED STATES February 1, 2023 Mr. Cornyn Mr. McConnell Mr. Hagerty Mr. Cotton Mr. Tillis Mrs. Hyde-Smith Mr. Grassley Mr. Kennedy Mr. Moran Mr. Cramer Mr. Cassidy Mr. Cruz Mr. Crapo Mr. Scott of Florida Mr. Boozman Mr. Hawley Mr. Hoeven Mrs. Blackburn Mr. Marshall Mr. Rubio Mr. Barrasso Mr. Thune Mrs. Fischer Mr. Tuberville Mr. Scott of South Carolina Mr. Graham Mr. Mullin Mr. Budd Mr. Ricketts, Mr. Young Ms. Lummis Mr. Schmitt Mr. Braun Mr. Vance Mr. Wicker Mr. Risch Mr. Johnson Mrs. Britt Mrs. Capito Ms. Ernst Mr. Daines Mr. Lankford Mr. Lee Mr. Rounds Mr. Sullivan February 2, 2023 Read the second time and placed on the calendar A BILL To allow reciprocity for the carrying of certain concealed firearms. 1. Short title This Act may be cited as the Constitutional Concealed Carry Reciprocity Act of 2023 2. Reciprocity for the carrying of certain concealed firearms (a) In general Chapter 44 section 926C 926D. Reciprocity for the carrying of certain concealed firearms (a) In general Notwithstanding any provision of the law of any State or political subdivision thereof to the contrary— (1) an individual who is not prohibited by Federal law from possessing, transporting, shipping, or receiving a firearm, and who is carrying a government-issued photographic identification document and a valid license or permit which is issued pursuant to the law of a State and which permits the individual to carry a concealed firearm, may possess or carry a concealed handgun (other than a machinegun or destructive device) that has been shipped or transported in interstate or foreign commerce in any State other than the State of residence of the individual that— (A) has a statute that allows residents of the State to obtain licenses or permits to carry concealed firearms; or (B) does not prohibit the carrying of concealed firearms by residents of the State for lawful purposes; and (2) an individual who is not prohibited by Federal law from possessing, transporting, shipping, or receiving a firearm, and who is carrying a government-issued photographic identification document and is entitled and not prohibited from carrying a concealed firearm in the State in which the individual resides otherwise than as described in paragraph (1), may possess or carry a concealed handgun (other than a machinegun or destructive device) that has been shipped or transported in interstate or foreign commerce in any State other than the State of residence of the individual that— (A) has a statute that allows residents of the State to obtain licenses or permits to carry concealed firearms; or (B) does not prohibit the carrying of concealed firearms by residents of the State for lawful purposes. (b) Conditions and limitations The possession or carrying of a concealed handgun in a State under this section shall be subject to the same conditions and limitations, except as to eligibility to possess or carry, imposed by or under Federal or State law or the law of a political subdivision of a State, that apply to the possession or carrying of a concealed handgun by residents of the State or political subdivision who are licensed by the State or political subdivision to do so, or not prohibited by the State from doing so. (c) Unrestricted license or permit In a State that allows the issuing authority for licenses or permits to carry concealed firearms to impose restrictions on the carrying of firearms by individual holders of such licenses or permits, an individual carrying a concealed handgun under this section shall be permitted to carry a concealed handgun according to the same terms authorized by an unrestricted license of or permit issued to a resident of the State. (d) Rule of construction Nothing in this section shall be construed to preempt any provision of State law with respect to the issuance of licenses or permits to carry concealed firearms. . (b) Clerical amendment The table of sections for chapter 44 section 926C 926D. Reciprocity for the carrying of certain concealed firearms. . (c) Severability Notwithstanding any other provision of this Act, if any provision of this Act, or any amendment made by this Act, or the application of such provision or amendment to any person or circumstance is held to be unconstitutional, this Act and amendments made by this Act and the application of such provision or amendment to other persons or circumstances shall not be affected thereby. (d) Effective date The amendments made by this Act shall take effect 90 days after the date of enactment of this Act. February 2, 2023 Read the second time and placed on the calendar

Constitutional Concealed Carry Reciprocity Act of 2023

Patent Eligibility Restoration Act of 2023 This bill amends the law relating to patent subject matter eligibility to establish that only specified subject matter (e.g., a natural process wholly independent of human activity) is ineligible for patenting. (Currently, subject matter eligibility is determined by examining whether the claimed invention is directed to certain ineligible categories, and if so, whether there is an inventive concept. Subject matter eligibility is one of several requirements that an invention must satisfy in order to receive patent protection.) Under this bill, an invention shall be considered to involve patent-ineligible subject matter only if it falls within specified categories, such as (1) a mathematical formula that is not part of a useful process, machine, manufacture, or composition; (2) a mental process that is performed solely in the human mind; or (3) an unmodified human gene as the gene exists in the human body.

118 S2140 IS: Patent Eligibility Restoration Act of 2023 U.S. Senate 2023-06-22 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 2140 IN THE SENATE OF THE UNITED STATES June 22, 2023 Mr. Tillis Mr. Coons Committee on the Judiciary A BILL To amend title 35, United States Code, to address matters relating to patent subject matter eligibility, and for other purposes. 1. Short title This Act may be cited as the Patent Eligibility Restoration Act of 2023 2. Findings Congress finds the following: (1) As of the day before the date of enactment of this Act, patent eligibility jurisprudence interpreting section 101 of title 35, United States Code, requires significant modification and clarification. (2) For many years after the original enactment of section 101 of title 35, United States Code, the Supreme Court of the United States and other courts created judicial exceptions to the wording of that section, thereby rendering an increasing number of inventions ineligible for patent protection. (3) Efforts by judges of district courts and courts of appeals of the United States to apply the exceptions described in paragraph (2) to specific circumstances have led to extensive confusion and a lack of consistency— (A) throughout the judicial branch of the Federal Government and Federal agencies; and (B) among patent practitioners. (4) Many judges of the United States Court of Appeals for the Federal Circuit and of various district courts of the United States have explicitly expressed the need for more guidance with respect to the meaning of section 101 of title 35, United States Code, and many patent owners, and persons that engage with patent owners, complain that the interpretation of that section is extremely confusing and difficult to discern and apply with any confidence. (5) Under this Act, and the amendments made by this Act, the state of the law shall be as follows: (A) All judicial exceptions to patent eligibility are eliminated. (B) Any invention or discovery that can be claimed as a useful process, machine, manufacture, or composition of matter, or any useful improvement thereof, is eligible for patent protection, except as explicitly provided in section 101 of title 35, United States Code, as amended by this Act, as described in subparagraphs (D) and (E) of this paragraph. (C) Sections 102, 103, and 112 of title 35, United States Code, will continue to prescribe the requirements for obtaining a patent, but no such requirement will be used in determining patent eligibility. (D) The following inventions shall not be eligible for patent protection: (i) A mathematical formula that is not part of an invention that is in a category described in subparagraph (B). (ii) A mental process performed solely in the mind of a human being. (iii) An unmodified human gene, as that gene exists in the human body. (iv) An unmodified natural material, as that material exists in nature. (v) A process that is substantially economic, financial, business, social, cultural, or artistic. (E) Under the exception described in subparagraph (D)(v)— (i) process claims drawn solely to the steps undertaken by human beings in methods of doing business, performing dance moves, offering marriage proposals, and the like shall not be eligible for patent coverage, and adding a non-essential reference to a computer by merely stating, for example, do it on a computer (ii) any process that cannot be practically performed without the use of a machine (including a computer) or manufacture shall be eligible for patent coverage. 3. Patent eligibility (a) In general Chapter 10 (1) in section 100— (A) in subsection (b), by striking includes a new use of a known process includes a use, application, or method of manufacture of a known or naturally-occurring process (B) by adding at the end the following: (k) The term useful ; and (2) by amending section 101 to read as follows: 101. Patent eligibility (a) In general Whoever invents or discovers any useful process, machine, manufacture, or composition of matter, or any useful improvement thereof, may obtain a patent therefor, subject only to the exclusions in subsection (b) and to the further conditions and requirements of this title. (b) Eligibility exclusions (1) In general Subject to paragraph (2), a person may not obtain a patent for any of the following, if claimed as such: (A) A mathematical formula that is not part of a claimed invention in a category described in subsection (a). (B) (i) Subject to clause (ii), a process that is substantially economic, financial, business, social, cultural, or artistic, even though not less than 1 step in the process refers to a machine or manufacture. (ii) The process described in clause (i) shall not be excluded from eligibility for a patent if the process cannot practically be performed without the use of a machine or manufacture. (C) A process that— (i) is a mental process performed solely in the human mind; or (ii) occurs in nature wholly independent of, and prior to, any human activity. (D) An unmodified human gene, as that gene exists in the human body. (E) An unmodified natural material, as that material exists in nature. (2) Conditions For the purposes of subparagraphs (D) and (E) of paragraph (1), a human gene or natural material shall not be considered to be unmodified if the gene or material, as applicable, is— (A) isolated, purified, enriched, or otherwise altered by human activity; or (B) otherwise employed in a useful invention or discovery. (c) Eligibility (1) In general In determining whether, under this section, a claimed invention is eligible for a patent, eligibility shall be determined— (A) by considering the claimed invention as a whole and without discounting or disregarding any claim element; and (B) without regard to— (i) the manner in which the claimed invention was made; (ii) whether a claim element is known, conventional, routine, or naturally occurring; (iii) the state of the applicable art, as of the date on which the claimed invention is invented; or (iv) any other consideration in section 102, 103, or 112. (2) Infringement action (A) In general In an action brought for infringement under this title, the court, at any time, may determine whether an invention or discovery that is a subject of the action is eligible for a patent under this section, including on motion of a party when there are no genuine issues of material fact. (B) Limited discovery With respect to a determination described in subparagraph (A), the court may consider limited discovery relevant only to the eligibility described in that subparagraph before ruling on a motion described in that subparagraph. . (b) Technical and conforming amendment The table of sections for chapter 10 101. Patent eligibility. .

Patent Eligibility Restoration Act of 2023

National Flood Insurance Program Reauthorization and Reform Act of 2023 This bill generally revises the National Flood Insurance Program (NFIP) and reauthorizes the program through FY2026. The bill addresses NFIP coverage, cost, and availability, including by generally prohibiting the Federal Emergency Management Agency (FEMA) from raising certain premiums, surcharges, and fees more than 9% a year for five years; revising flood insurance coverage limits; establishing a means-tested program to provide financial assistance to low-income households through policy discounts; and revising standards and certification requirements for flood insurance rate maps. The bill also revises administrative provisions of the NFIP, including by allowing for the continuous operation of the NFIP during a lapse in appropriations, and prohibiting the Department of the Treasury from charging FEMA interest for NFIP debt for five years. The bill sets forth requirements for Write Your Own companies related to reimbursements, agent commissions, and penalties for underpayment of claims. (A Write Your Own company writes and services federal standard flood insurance policies in its own name.) The bill establishes state or tribal government revolving funds for flood mitigation activities and also provides for loans, grants, and other incentives regarding mitigation. The bill also requires the creation of an appeals process for disputing NFIP premium rates.

108 S2142 IS: National Flood Insurance Program Reauthorization and Reform Act of 2023 U.S. Senate 2023-06-22 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 2142 IN THE SENATE OF THE UNITED STATES June 22, 2023 Mr. Menendez Mr. Cassidy Mr. Booker Mr. Kennedy Mr. Van Hollen Mrs. Hyde-Smith Mrs. Gillibrand Mr. Wicker Mr. Rubio Committee on Banking, Housing, and Urban Affairs A BILL To reauthorize the National Flood Insurance Program, and for other purposes. 1. Short title This Act may be cited as the National Flood Insurance Program Reauthorization and Reform Act of 2023 2. Table of contents The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. Sec. 3. Definitions. TITLE I—Reauthorization and affordability Sec. 101. Reauthorization. Sec. 102. Cap on annual premium increases. Sec. 103. Targeted means-tested assistance. Sec. 104. Optional monthly installment premium payment plans. Sec. 105. Study on business interruption coverage. Sec. 106. Cooperative coverage fairness. Sec. 107. Coverage limits. Sec. 108. Study on participation rates. Sec. 109. National Flood Insurance Act definitions regarding the Write Your Own Program. TITLE II—Mitigation and mapping Sec. 201. Mitigation for high-risk properties. Sec. 202. Increased cost of compliance coverage. Sec. 203. Flood mitigation assistance grants. Sec. 204. Urban mitigation opportunities. Sec. 205. Community Rating System Regional Coordinator. Sec. 206. Mitigation loan program. Sec. 207. Revolving loan funds. Sec. 208. Mapping modernization. Sec. 209. Appeals. Sec. 210. Levee-protected areas. Sec. 211. Community-wide flood mitigation activities. Sec. 212. Premium calculator. Sec. 213. Consideration of mitigation projects in flood insurance premium rates. TITLE III—Solvency Sec. 301. Forbearance on NFIP interest payments. Sec. 302. Cap on Write Your Own company compensation. Sec. 303. Third-party service provider costs; transparency. Sec. 304. Availability of NFIP claims data. Sec. 305. Refusal of mitigation assistance. Sec. 306. Multiple structure mitigation. TITLE IV—Policyholder protection and fairness Sec. 401. Earth movement fix and engineer standards. Sec. 402. Coverage of pre-FIRM condominium basements and study on street raising. Sec. 403. Guidance on remediation and policyholder duties. Sec. 404. Appeal of decisions relating to flood insurance coverage. Sec. 405. Accountability for underpayments and overpayments by Write Your Own companies. Sec. 406. Policyholders’ right to know. Sec. 407. Termination of certain contracts under the National Flood Insurance Program. Sec. 408. Deadline for claim processing. Sec. 409. No manipulation of engineer reports. Sec. 410. Improved training of floodplain managers, agents, and adjusters. Sec. 411. Flood insurance continuing education and training. Sec. 412. Shifting of attorney fees and other expenses. Sec. 413. DOJ defense against policyholder lawsuits. Sec. 414. Reforming use of proof of loss forms. Sec. 415. Agent Advisory Council. Sec. 416. Disclosure of flood risk information prior to transfer of property. Sec. 417. Grace period for renewal of coverage at renewal offer rate. 3. Definitions In this Act: (1) Administrator The term Administrator (2) National Flood Insurance Program The term National Flood Insurance Program 42 U.S.C. 4001 et seq. (3) National Flood Mitigation Fund The term National Flood Mitigation Fund 42 U.S.C. 4104d (4) Write Your Own Company The term Write Your Own Company 42 U.S.C. 4121(a) I Reauthorization and affordability 101. Reauthorization (a) In general (1) Financing Section 1309(a) of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4016(a) September 30, 2023 September 30, 2028 (2) Program expiration Section 1319 of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4026 September 30, 2023 September 30, 2028 (3) Retroactive effective date If this Act is enacted after September 30, 2023, the amendments made by paragraphs (1) and (2) shall take effect as if enacted on September 30, 2023. (b) Continued operation during lapse of appropriations Section 1310(f) of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4017(f) (1) by inserting (1) (f) (2) by adding at the end the following: (2) (A) In this paragraph, the term period of a lapse in appropriations from the Fund (B) Notwithstanding paragraph (1), during a period of a lapse in appropriations from the Fund, amounts in the Fund not otherwise appropriated shall be available to the Administrator to carry out the flood insurance program under this title, subject to the same terms and conditions (except with respect to the period of availability), and in an amount not greater than the rate for operations, provided for the Fund in the most recently enacted regular or continuing appropriation Act. (C) Amounts in the Fund shall be available under subparagraph (B) for a fiscal year during the period beginning on the first day of a period of a lapse in appropriations from the Fund during the fiscal year and ending on the date on which the regular appropriation Act for the fiscal year with respect to the Fund is enacted (whether or not such law makes amounts available from the Fund) or a law making continuing appropriations with respect to the Fund is enacted, as the case may be. (D) Expenditures and obligations made under this paragraph shall be charged to the amounts made available from the Fund under the regular appropriation Act, or law making continuing appropriations, with respect to the Fund that is enacted for the applicable fiscal year. . 102. Cap on annual premium increases (a) Definition In this section, the term covered cost (1) means— (A) the amount of an annual premium with respect to any policy for flood insurance under the National Flood Insurance Program; (B) any surcharge imposed with respect to a policy described in subparagraph (A) (other than a surcharge imposed under section 1304(b) of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4011(b) 42 U.S.C. 4015a(a) (C) a fee described in paragraph (1)(B)(iii) or (2) of section 1307(a) of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4014(a) (2) does not include any cost associated with the purchase of insurance under section 1304(b) of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4011(b) (b) Limitation on increases (1) Limitation (A) In general During the 5-year period beginning on the date of enactment of this Act, notwithstanding section 1308(e) of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4015(e) (B) Decrease of amount of deductible or increase in amount of coverage In the case of a policyholder described in section 1308(e)(1)(C)(ii) of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4015(e)(1)(C)(ii) (i) proportional to the relative change in risk based on the action taken by the policyholder; and (ii) in compliance with subparagraph (A). (2) New rating systems (A) Classification With respect to a property, the limitation under paragraph (1) shall remain in effect for each year until the covered costs with respect to the property reflect full actuarial rates, without regard to whether, at any time until the year in which those covered costs reflect full actuarial rates, the property is rated or classified under the Risk Rating 2.0 methodology (or any substantially similar methodology). (B) New policyholder If a property to which the limitation under paragraph (1) applies is sold before the covered costs for the property reflect full actuarial rates determined under the Risk Rating 2.0 methodology (or any substantially similar methodology), that limitation shall remain in effect for each year until the year in which those full actuarial rates take effect. (c) Rule of construction Nothing in subsection (b) may be construed as prohibiting the Administrator from reducing, in any year, the amount of any covered cost, as compared with the amount of the covered cost during the previous year. (d) Average historical loss year Section 1308 of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4015 (h) Rule of construction For purposes of this section, the calculation of an average historical loss year . (e) Disclosure with respect to the affordability standard Section 1308(j) of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4015(j) and shall include in the report the number of those exceptions as of the date on which the Administrator submits the report and the location of each policyholder insured under those exceptions, organized by county and State of the Senate 103. Targeted means-tested assistance (a) Means-Tested program (1) In general Chapter I of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4011 et seq. 42 U.S.C. 4015a 1308B. Flood insurance assistance (a) Definitions In this section: (1) Covered property The term covered property (A) a primary residential dwelling designed for the occupancy of from 1 to 4 families; or (B) personal property relating to a dwelling described in subparagraph (A). (2) Eligible policyholder The term eligible policyholder (3) Housing expenses The term housing expenses (A) mortgage payments or rent; (B) property taxes; (C) homeowners insurance; and (D) premiums for flood insurance under the national flood insurance program. (4) Insurance costs The term insurance costs (A) risk premiums and fees estimated under section 1307 and charged under section 1308; (B) surcharges assessed under sections 1304 and 1308A; and (C) any amount established under section 1310A(c). (b) Authority Subject to the availability of appropriations, the Administrator is authorized to carry out a means-tested program under which the Administrator provides assistance to eligible policyholders in the form of graduated discounts for insurance costs with respect to covered properties. (c) Eligibility To determine eligibility for means-tested assistance under this section, the Administrator may accept any of the following with respect to an eligible policyholder: (1) Income verification from the National Directory of New Hires established under section 453(i) of the Social Security Act ( 42 U.S.C. 653(i) (2) A self-certification of eligibility by the eligible policyholder that is provided under penalty of perjury pursuant to section 1746 of title 28, United States Code. (3) Any other method identified by the Administrator in interim guidance, or a final rule, issued under subsection (e). (d) Discount The Administrator may establish graduated discounts available to eligible policyholders under this section, which shall be based on the following factors: (1) The percentage by which the household income of an eligible policyholder is equal to, or less than, 140 percent of the area median income for the area in which the property to which the policy applies is located. (2) The housing expenses of an eligible policyholder. (3) The number of eligible policyholders participating in the program established under this section. (4) The availability of funding. (5) Any other factor that the Administrator finds reasonable and necessary to carry out the purposes of this section. (e) Implementation (1) In general The Administrator shall issue final rules to implement this section. (2) Interim guidance (A) In general Not later than 1 year after the date of enactment of this section, the Administrator shall issue interim guidance to implement this section, which shall— (i) include— (I) a description of how the Administrator will determine— (aa) eligibility for households to participate in the program established under this section; and (bb) assistance levels for eligible households to which assistance is provided under this section; (II) the methodology that the Administrator will use to determine the amount of assistance provided to eligible households under this section; and (III) any requirements to which eligible policyholders to which assistance is provided under this section will be subject; and (ii) expire on the later of— (I) the date that is 84 months after the date of enactment of this section; or (II) the date on which the final rules issued under paragraph (1) take effect. (B) Rule of construction Nothing in subparagraph (A) may be construed to preclude the Administrator from amending the interim guidance issued under that subparagraph. (f) Collection of demographic information The Administrator, in order to evaluate and monitor the effectiveness of this section, and to comply with the reporting requirements under subsection (g), may request demographic information, and other information, with respect to an eligible policyholder to which assistance is provided under this section, which may include— (1) the income of the eligible policyholder, as compared with the area median income for the area in which the property to which the policy applies is located; and (2) demographic characteristics of the eligible policyholder, including the race and ethnicity of the eligible policyholder. (g) Reports to Congress (1) In general Not later than 2 years after the date of enactment of this section, and biennially thereafter, the Administrator shall submit to Congress a report regarding the implementation and effectiveness of this section. (2) Contents Each report submitted under paragraph (1) shall include information regarding, for the period covered by the report— (A) the distribution of household area median income for eligible policyholders to which assistance is provided under this section; (B) the number of eligible policyholders to which assistance is provided under this section, which shall be disaggregated by income and demographic characteristics; (C) the cost of providing assistance under this section; and (D) the average amount of assistance provided to an eligible policyholder under this section, which shall be disaggregated as described in subparagraph (B). (h) Risk communication For the purposes of the communication required under section 1308(l), the Administrator shall provide to an eligible policyholder to which assistance is provided under this section a full flood risk determination with respect to the property of the eligible policyholder, which shall reflect the insurance costs with respect to the property before that assistance is provided. (i) Funding (1) Authorization of appropriations There is authorized to be appropriated to the Administrator to carry out this section— (A) $250,000,000 for fiscal year 2024; (B) $340,000,000 for fiscal year 2025; (C) $400,000,000 for fiscal year 2026; (D) $500,000,000 for fiscal year 2027; and (E) $600,000,000 for fiscal year 2028. (2) Notification If, in a fiscal year, the Administrator determines that the amount made available to carry out this section is insufficient to provide assistance under this section, the Administrator shall submit to Congress a notification of the remaining amounts necessary to provide that assistance for that fiscal year. (3) Distribution of premium With respect to the amount of the discounts provided under this section in a fiscal year, and any administrative expenses incurred in carrying out this section for that fiscal year, the Administrator shall, from amounts made available to carry out this section for that fiscal year, deposit in the National Flood Insurance Fund established under section 1310 an amount equal to those discounts and administrative expenses, except to the extent that section 1310A applies to any portion of those discounts or administrative expenses, in which case the Administrator shall deposit an amount equal to those amounts to which section 1310A applies in the National Flood Insurance Reserve Fund established under section 1310A. . (2) Use of savings In addition to any amounts made available to the Administrator to carry out section 1308B of the National Flood Insurance Act of 1968, as added by paragraph (1), the Administrator shall use any amounts saved as a direct result of the amendments made by section 302(a) of this Act to carry out such section 1308B. (b) National Flood Insurance Act of 1968 The National Flood Insurance Act of 1968 ( 42 U.S.C. 4001 et seq. (1) in section 1308(e) ( 42 U.S.C. 4015(e) (A) in paragraph (1)— (i) in subparagraph (B), by striking or (ii) in subparagraph (C)(iii), by adding or (iii) by adding at the end the following: (D) in the case of a property with respect to which assistance is provided under section 1308B, if— (i) the applicable policyholder is no longer eligible to receive assistance under that section; (ii) the assistance so provided has been decreased under that section; or (iii) the Administrator is not authorized, or lacks appropriated funds, to carry out that section; ; and (B) in paragraph (3), by striking period; and period, except in the case of a property with respect to which assistance is provided under section 1308B if a condition described in clause (i), (ii), or (iii) of paragraph (1)(D) is applicable; and (2) in section 1366(d) ( 42 U.S.C. 4104c(d) (A) by redesignating paragraph (3) as paragraph (4); and (B) by inserting after paragraph (2) the following: (3) Flood insurance assistance In the case of mitigation activities to structures insured by policyholders that are eligible for assistance under section 1308B, in an amount up to 100 percent of all eligible costs. . (c) Information comparisons with the national directory of new hires for flood insurance assistance income verification Section 453(j) of the Social Security Act ( 42 U.S.C. 653(j) (12) Information comparisons for flood insurance assistance (A) Furnishing of information by fema The Administrator of the Federal Emergency Management Agency (in this paragraph, referred to as the Administrator (B) Requirement to seek minimum information The Administrator shall seek information pursuant to this paragraph only to the extent necessary to verify the employment and income of individuals described in subparagraph (A). (C) Duties of the secretary (i) Information disclosure The Secretary, in cooperation with the Administrator, shall compare information in the National Directory of New Hires with information provided by the Administrator with respect to individuals described in subparagraph (A), and shall disclose information in such Directory regarding such individuals to the Administrator, in accordance with this paragraph, for the purposes specified in this paragraph. (ii) Condition on disclosure The Secretary shall make disclosures in accordance with clause (i) only to the extent that the Secretary determines that such disclosures do not interfere with the effective operation of the program under this part. (D) Use of information by fema The Administrator may use information resulting from a data match pursuant to this paragraph only— (i) for the purpose of verifying the employment and income of individuals described in subparagraph (A); and (ii) after removal of personal identifiers, to conduct analyses of the employment and income reporting of individuals described in subparagraph (A). (E) Disclosure of information by fema (i) Purpose of disclosure The Administrator may make a disclosure under this subparagraph only for the purpose of verifying the employment and income of individuals described in subparagraph (A). (ii) Disclosures permitted Subject to clause (iii), the Administrator may disclose information resulting from a data match pursuant to this paragraph only to contractors of the Federal Emergency Management Agency, private insurance companies participating in the Write Your Own Program of the Federal Emergency Management Agency, the Inspector General of the Department of Homeland Security, and the Attorney General, in connection with the administration of a program described in subparagraph (A). Information obtained by the Administrator pursuant to this paragraph shall not be made available under section 552 of title 5, United States Code. (iii) Conditions on disclosure Disclosures under this paragraph shall be— (I) made in accordance with data security and control policies established by the Administrator and approved by the Secretary; (II) subject to audit in a manner satisfactory to the Secretary; and (III) subject to the sanctions under subsection (l)(2). (iv) Restrictions on redisclosure A person or entity to which information is disclosed under this subparagraph may use or disclose such information only as needed for verifying the employment and income of individuals described in subparagraph (A), subject to the conditions in clause (iii) and such additional conditions as agreed to by the Secretary and the Administrator. (F) Reimbursement of HHS costs The Administrator shall reimburse the Secretary, in accordance with subsection (k)(3), for the costs incurred by the Secretary in furnishing the information requested under this paragraph. (G) Consent The Administrator shall not seek, use, or disclose information under this paragraph relating to an individual without the prior written consent of such individual (or of a person legally authorized to consent on behalf of such individual). . 104. Optional monthly installment premium payment plans Section 1308(g) of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4015(g) (1) by striking With respect to (1) Annual or monthly option Subject to paragraph (2), with respect to ; and (2) by adding at the end the following: (2) Monthly installment With respect to a policyholder that opts under paragraph (1) to pay premiums on a monthly basis, the Administrator may charge the policyholder an annual fee of not more than $15. (3) Exemption from rule making; pilot program During the period beginning on the date of enactment of this paragraph and ending on the date on which the Administrator promulgates regulations carrying out paragraph (1), the Administrator may, notwithstanding any other provision of law— (A) adopt policies and procedures to carry out that paragraph without— (i) undergoing notice and comment rule making under section 553 of title 5, United States Code; or (ii) conducting regulatory analyses otherwise required by statute, regulation, or Executive order; or (B) carry out that paragraph by establishing a pilot program that gradually implements the requirements of that paragraph. . 105. Study on business interruption coverage (a) In general The Administrator shall conduct a study on the feasibility and soundness of offering coverage under the National Flood Insurance Program for interruption business losses caused by a flood (referred to in this section as business interruption coverage (b) Contents In conducting the study under subsection (a), the Administrator shall, at a minimum— (1) evaluate insurance industry best practices for offering business interruption coverage, including the types of coverage provided and the utilization rate; (2) estimate the potential risk premium rates for business interruption coverage based on the flood risk reflected in the flood insurance rate map or other risk metrics in effect at the time of purchase; (3) analyze the operational and administrative expenses associated with providing business interruption coverage and adjusting claims; (4) identify potential obstacles that may prevent the Administrator from offering business interruption coverage; (5) evaluate the benefits of providing business interruption coverage; (6) analyze any potential impacts on the financial position of the National Flood Insurance Program; and (7) develop a feasibility implementation plan and projected timelines for offering business interruption coverage. (c) Availability of experts In conducting the study under subsection (a), the Administrator may accept and utilize the personnel and services of any other Federal agency, and appoint and fix the compensation of temporary personnel without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, or employ experts and consultants in accordance with the provisions of section 3109 of such title, without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates. (d) Deadline The Administrator shall complete the study required under subsection (a) not later than September 30 of the second full fiscal year after the date of enactment of this Act. 106. Cooperative coverage fairness (a) In general Section 1306 of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4013 (e) Cooperatives (1) Definition In this subsection, the term cooperative building (2) Equal treatment with condominiums Notwithstanding any other provision of law, an owner of a share of a cooperative building shall be eligible to purchase flood insurance coverage under the national flood insurance program on the same terms as a condominium owner. . (b) Payment of claims Section 1312 of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4019 (1) in subsection (c)— (A) in the subsection heading, by inserting and cooperative condominium (B) by inserting , or owners of a share of a cooperative building, condominium owners (C) by inserting or cooperative association condominium association (2) by adding at the end the following: (k) Definitions In this section, the terms cooperative association cooperative building . 107. Coverage limits (a) In general Section 1306 of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4013 (1) in subsection (b)— (A) in the matter preceding paragraph (1), by striking In addition to any other terms and conditions under subsection (a), such regulations The Administrator (B) in paragraph (2)— (i) by striking shall be made may be made (ii) by striking $250,000 the baseline amount (C) in paragraph (3)— (i) by striking shall be made may be made (ii) by striking $100,000 50 percent of the baseline amount (D) in paragraph (4)— (i) by striking shall be made may be made (ii) by striking $500,000 200 percent of the baseline amount (2) by adding at the end the following: (f) Definition Subject to paragraph (2), in this section, the term baseline amount 12 U.S.C. 1717(b)(2) (1) increase more than once every 5 years; (2) increase with respect to any particular property pursuant to the 11th or 12th sentence of such section 302(b)(2); or (3) decrease. . (b) Authority of Administrator To sell policies The Administrator may sell a policy for flood insurance under the National Flood Insurance Program that meets the requirements of paragraphs (2), (3), and (4) of section 1306(b) of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4013(b) (1) section 61.6 of title 44, Code of Federal Regulations, as in effect on the day before the date of enactment of this Act; or (2) any other provision of law. 108. Study on participation rates (a) Definitions In this section— (1) the term 500-year floodplain 40 U.S.C. 4004(a) (2) the terms Federal agency lender improved real estate regulated lending institution 42 U.S.C. 4003(a) (3) the term property with a Federally backed mortgage (A) made by a regulated lending institution or Federal agency lender; or (B) purchased by the Federal National Mortgage Association or the Federal Home Loan Mortgage Corporation. (b) Study The Comptroller General of the United States shall conduct a study that proposes to address, through programmatic and regulatory changes, how to increase the rate at which properties in the United States are covered by flood insurance. (c) Considerations In conducting the study required under subsection (b), the Comptroller General of the United States shall— (1) consider— (A) expanding participation in the National Flood Insurance Program beyond areas having special flood hazards to areas of moderate or minimum risk with respect to flooding; (B) automatically enrolling consumers in the National Flood Insurance Program and providing those consumers with the opportunity to decline such enrollment; and (C) bundling flood insurance coverage that diversifies risk across all or multiple forms of peril; (2) determine— (A) the percentage of properties with Federally backed mortgages located in an area having special flood hazards that are covered by flood insurance that satisfies the requirement under section 102(b) of the Flood Disaster Protection Act of 1973 ( 42 U.S.C. 4012a(b) (B) the percentage of properties with Federally backed mortgages located in the 500-year floodplain that are covered by flood insurance that would satisfy the requirement described in subparagraph (A) if that requirement applied to such properties; and (3) conduct a comprehensive assessment of the economic and social impacts of implementing Risk Rating 2.0 (or any substantially similar methodology) during the 20-year period beginning in the year in which the assessment is made, which shall include an evaluation of the effect that such implementation will have, during that 20-year period, on— (A) the affordability and availability of flood insurance under the National Flood Insurance Program; (B) property values; (C) the amount of Federal disaster aid for properties that are not covered by flood insurance, whether under the National Flood Insurance Program or otherwise; and (D) non-Federal Government revenues. (d) Report Not later than 18 months after the date of enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives a report regarding the results of the study conducted under subsection (b). 109. National Flood Insurance Act definitions regarding the Write Your Own Program Section 1370(a) of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4121(a) (1) in paragraph (14), by striking and (2) in paragraph (15), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following: (16) the term Write Your Own Program (A) sell contracts for Federal flood insurance under their own business lines of insurance; and (B) adjust and pay claims arising under the contracts described in subparagraph (A); and (17) the term Write Your Own Company . II Mitigation and mapping 201. Mitigation for high-risk properties (a) In general Section 203 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5133 (n) Flood mitigation activities The President shall set aside from the Disaster Relief Fund an amount equal to 10 percent of the average amount appropriated to the Fund during the preceding 10 fiscal years to provide assistance for mitigation activities under section 1366 of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4104c (1) severe repetitive loss structures; and (2) properties insured under the national flood insurance program with the largest increase in the actuarial risk for the property compared to the actuarial risk for the previous fiscal year as a result of Risk Rating 2.0, as in effect on October 1, 2021. . (b) Applicability The amendment made to section 203 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5133 (c) Technical and conforming amendment Effective on October 5, 2023, section 203 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5133 202. Increased cost of compliance coverage Section 1304(b) of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4011(b) (1) in paragraph (4), by redesignating subparagraphs (A) through (D) as clauses (i) through (iv), respectively, and adjusting the margins accordingly; (2) by redesignating paragraphs (1) through (3) as subparagraphs (A) through (C), respectively, and adjusting the margins accordingly; (3) in subparagraph (C), as so redesignated, by striking the period at the end and inserting a semicolon; (4) by redesignating paragraph (4) as subparagraph (F), and adjusting the margins accordingly; (5) by inserting after subparagraph (C), as so redesignated, the following: (D) properties identified by the Administrator as priorities for mitigation activities before the occurrence of damage to or loss of property which is covered by flood insurance; (E) properties outside an area having special flood hazards if the communities in which the properties are located have, under section 1361, established land use and control measures for the areas in which the properties are located; and ; (6) by inserting before The national flood insurance program (1) In general (7) in the flush text following subparagraph (F)(iv), as so redesignated, by striking The Administrator (2) Premium The Administrator ; and (8) by adding at the end the following: (3) Amount of coverage Each policy for flood insurance coverage made available under this title shall provide coverage under this subsection having an aggregate liability for any single property of $120,000. (4) Eligible mitigation activities (A) In general Eligible mitigation methods the cost of which is covered by coverage provided under this subsection shall include— (i) alternative methods of mitigation identified in the guidelines issued pursuant to section 1361(d); (ii) pre-disaster mitigation projects for eligible structures; and (iii) costs associated with the purchase, clearing, and stabilization of property that is part of an acquisition or relocation project that complies with subparagraph (B). (B) Acquisition and relocation project eligibility and requirements (i) In general An acquisition or relocation project shall be eligible to receive assistance pursuant to subparagraph (A)(iii) only if— (I) any property acquired, accepted, or from which a structure will be removed shall be dedicated and maintained in perpetuity for a use that is compatible with open space, recreational, or wetland and natural floodplain management practices; and (II) any new structure erected on such property will be— (aa) a public facility that is open on all sides and functionally related to a designated open space; (bb) a restroom; or (cc) a structure that the Administrator approves in writing before the commencement of the construction of the structure. (ii) Further assistance If an acquisition or relocation project is assisted pursuant to subparagraph (A)(iii)— (I) no person may apply to a Federal entity for disaster assistance with regard to any property acquired, accepted, or from which a structure was removed as part of such acquisition or relocation project; and (II) no Federal entity may provide disaster assistance for such property. (iii) Requirement to maintain flood insurance coverage (I) In general Notwithstanding any other provision of law, any assisted structure shall, at all times, maintain insurance against flood damage, in accordance with Federal law, for the life of such structure. (II) Transfer of property (aa) Duty to notify If any part of a property on which an assisted structure is located is transferred, the transferor shall, not later than the date on which such transfer occurs, notify the transferee in writing, including in all documents evidencing the transfer of ownership of the property, that such transferee is required to— (AA) obtain flood insurance in accordance with applicable Federal law with respect to such assisted structure, if such structure is not so insured on the date on which the structure is transferred; and (BB) maintain flood insurance in accordance with applicable Federal law with respect to such structure. (bb) Failure to notify If a transferor fails to make a notification in accordance with item (aa) and such assisted structure is damaged by a flood disaster, the transferor shall pay the Federal Government an amount equal to the amount of any disaster relief provided by the Federal Government with respect to such assisted structure. (III) Assisted structure defined For the purposes of this clause, the term assisted structure (aa) altered; (bb) improved; (cc) replaced; (dd) repaired; or (ee) restored. (C) Eligible structure defined For purposes of this paragraph, the term eligible structure (i) was constructed in compliance with the Flood Insurance Rate Map and local building and zoning codes in effect on the date of construction of the structure; and (ii) has not previously been altered, improved, replaced, or repaired using assistance provided under this subsection. (5) Treatment of coverage limits Any amount of coverage provided for a property pursuant to this subsection shall not be considered or counted for purposes of any limitation on coverage applicable to such property under section 1306(b) and any claim on such coverage shall not be considered a claim for purposes of section 1307(h) or subsection (a)(3) or (h)(3) of section 1366. (6) Implementation Notwithstanding any other provision of law, the Administrator may implement this subsection by adopting 1 or more standard endorsements to the Standard Flood Insurance Policy by publication of such standards in the Federal Register, or by comparable means. . 203. Flood mitigation assistance grants (a) Flood Mitigation Assistance Grant Program priority Section 1366 of the National Flood Insurance Act ( 42 U.S.C. 4104c (1) in subsection (a)— (A) by redesignating paragraphs (1), (2), and (3) as subparagraphs (A), (B), and (C), respectively, and adjusting the margins accordingly; (B) in the second sentence of the matter preceding subparagraph (A), as so redesignated, by striking assistance shall be assistance shall— (1) be ; (C) in paragraph (1)(C), as so redesignated, by striking the period at the end and inserting ; and (D) by adding at the end the following: (2) in addition to the requirement under paragraph (1)(C), give priority to properties— (A) that are repetitive loss structures; (B) with respect to which the Administrator makes a determination that the premium rates with respect to a policy for flood insurance coverage under this title— (i) are unaffordable; or (ii) will soon become unaffordable as a result of a risk adjustment under Risk Rating 2.0, as in effect on the date of that determination; and (C) for which aggregate losses exceed the replacement value of the properties. ; and (2) in subsection (h), by adding at the end the following: (4) Unaffordable The term unaffordable section 62 . (b) Additional mitigation assistance (1) Appropriations from general fund of Treasury For each of the first 5 full fiscal years after the date of enactment of this Act, there is authorized to be appropriated $1,000,000,000 to the National Flood Mitigation Fund to provide mitigation assistance under this subsection. (2) Rule of construction The authorization of appropriations under subparagraph (A) shall not be construed to authorize the transfer or crediting to the National Flood Mitigation Fund of any amounts from the National Flood Insurance Fund. 204. Urban mitigation opportunities (a) Mitigation strategies Section 1361(d)(1) of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4102(d)(1) (1) in subparagraph (A), by striking and (2) in subparagraph (B), by striking and (3) by inserting after subparagraph (B) the following: (C) with respect to buildings in dense urban environments, methods that can be deployed on a block or neighborhood scale; and (D) elevation of mechanical systems; and . (b) Mitigation credit Section 1308(k) of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4015(k) (1) by striking shall take into account shall— (1) take into account ; (2) in paragraph (1), as so designated, by striking the period at the end and inserting ; and (3) by adding at the end the following: (2) offer a reduction of the risk premium rate charged to a policyholder in an amount that is not less than 10 percent of that rate if the policyholder implements any mitigation method described in paragraph (1). . 205. Community Rating System Regional Coordinator Section 1315(b) of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4022(b) (5) Regional coordinator (A) In general The Administrator shall appoint a regional coordinator in each region served by a Regional Office (as defined in section 501 of the Homeland Security Act of 2002 ( 6 U.S.C. 311 (B) Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out this paragraph, which shall remain available until expended. . 206. Mitigation loan program (a) Definition In this section, the term mitigation measure (b) Establishment The Administrator may establish a pilot program through which the Administrator may provide low-interest loans to policyholders under the National Flood Insurance Program for the purposes described in subsection (c). (c) Purposes of loans A loan provided to a policyholder under the pilot program established under subsection (b) shall be used to undertake mitigation measures with respect to the insured property that cost less than the cost of the estimated amount of premiums that would be paid with respect to the property during the 50-year period beginning in the year in which the loan is made and if those mitigation measures were not undertaken. (d) Sale of property If a property with respect to which a loan has been made under this section is sold, upon that sale, the outstanding loan balance shall— (1) be repaid using the proceeds of the sale; or (2) carry over to the purchaser of the property if the purchaser so consents before the execution of the sale. 207. Revolving loan funds (a) In general Chapter I of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4011 et seq. 1326. State or Tribal government revolving loan funds for flood mitigation (a) Definitions In this section: (1) Community rating system The term Community Rating System (2) Intended use plan The term intended use plan (3) Low-income geographic area The term low-income geographic area 42 U.S.C. 3161(a) (4) Low-income homeowner The term low-income homeowner (5) Participating entity The term participating entity (A) has entered into an agreement under subsection (b)(1); and (B) agrees to comply with the requirements of this section. (6) Pre-FIRM building The term pre-FIRM building (A) December 31, 1974; or (B) the effective date of the rate map published by the Administrator under section 1360 for the area in which the building is located. (7) State or Tribal government loan fund The term State or Tribal government loan fund (8) Tribal government The term Tribal government (b) General authority (1) In general The Administrator may enter into an agreement with a State or Tribal government to provide a capitalization grant for the State or Tribal government to establish a revolving fund that will provide funding assistance to help homeowners, businesses, nonprofit organizations, and communities reduce flood risk in order to decrease— (A) the loss of life and property; (B) the cost of flood insurance; and (C) Federal disaster payments. (2) Timing of deposit and agreements for distribution of funds (A) In general Not later than the last day of the fiscal year following the fiscal year in which a capitalization grant is made to a participating entity under paragraph (1), the participating entity shall— (i) deposit the grant in the State or Tribal government loan fund of the participating entity; and (ii) enter into 1 or more binding agreements that provide for the participating entity to distribute the grant funds for purposes authorized under subsection (c) such that— (I) in the case of the initial grant made to a participating entity under this section, not less than 75 percent of the amount of the grant shall be distributed before the end of the 2-year period beginning on the date on which the funds are deposited in the State or Tribal government loan fund of the participating entity; and (II) in the case of any subsequent grant made to a participating entity under this section, not less than 90 percent of the amount of the grant shall be distributed before the end of the 1-year period beginning on the date on which the funds are deposited in the State or Tribal government loan fund of the participating entity. (B) Noncompliance Except as provided in subparagraph (C), if a participating entity does not comply with subparagraph (A) with respect to a grant, the Administrator shall reallocate the grant in accordance with paragraph (3)(B). (C) Exception The Administrator may not reallocate any funds under subparagraph (B) to a participating entity that violated subparagraph (A) with respect to a grant made during the same fiscal year in which the funds to be reallocated were originally made available. (3) Allocation (A) In general The Administrator shall allocate amounts made available to carry out this section to participating entities— (i) for the participating entities to deposit in the State or Tribal government loan fund established by the participating entity; and (ii) except as provided in paragraph (6), in accordance with the requirements described in subparagraph (B). (B) Requirements The requirements described in this subparagraph are as follows: (i) Fifty percent of the total amount made available under subparagraph (A) shall be allocated so that each participating entity receives the percentage amount that is obtained by dividing the number of properties that were insured under the national flood insurance program in that State or Tribal government jurisdiction, as applicable, in the fiscal year preceding the fiscal year in which the amount is allocated by the total number of properties that were insured under the national flood insurance program in the fiscal year preceding the fiscal year in which the amount is allocated. (ii) Fifty percent of the total amount made available under subparagraph (A) shall be allocated so that each participating entity receives a percentage of funds that is equal to the product obtained under clause (iii)(IV) with respect to that participating entity after following the procedures described in clause (iii). (iii) The procedures described in this clause are as follows: (I) Divide the total amount collected in premiums for properties insured under the national flood insurance program in each participating entity during the previous fiscal year by the number of properties insured under the national flood insurance program in that State or Tribal government jurisdiction, as applicable, for that fiscal year. (II) Add together each quotient obtained under subclause (I). (III) For each participating entity, divide the quotient obtained under subclause (I) with respect to that State or Tribal government jurisdiction, as applicable, by the sum obtained under subclause (II). (IV) For each participating entity, multiply the amount that is 50 percent of the total amount made available under subparagraph (A) by the quotient obtained under subclause (III). (iv) Except as provided in paragraph (5), in a fiscal year— (I) a participating entity may not receive more than 15 percent of the total amount that is made available under subparagraph (A) in that fiscal year; and (II) if a participating entity, based on the requirements under clauses (i) through (iii), would, but for the limitation under subclause (I) of this clause, receive an amount that is greater than the amount that the State or Tribal government jurisdiction, as applicable, is authorized to receive under that subclause, the difference between the authorized amount and the amount otherwise due to the State or Tribal government jurisdiction, as applicable, under clauses (i) through (iii) shall be allocated to other participating entities— (aa) that, in that fiscal year, have not received an amount under subparagraph (A) that is more than the authorized amount under subclause (I) of this clause; and (bb) by using the requirements under clauses (i) through (iii), except that a participating entity may receive an allocation under this subclause only if the allocation does not result in the State or Tribal government jurisdiction, as applicable, receiving a total amount for the fiscal year under subparagraph (A) that is greater than the authorized amount under subclause (I). (4) No revolving fund required (A) In general Notwithstanding any other provision of this section, and subject to subparagraph (B), a participating entity that receives less than $4,000,000 under paragraph (3)(B) in a fiscal year may distribute the funds directly in the form of grants or technical assistance for a purpose described in subsection (c)(2), without regard to whether the participating entity has established a State or Tribal government loan fund. (B) Matching A participating entity that exercises the authority under subparagraph (A) in a fiscal year shall provide matching funds from non-Federal sources in an amount that is equal to 25 percent of the amount that the participating entity receives under paragraph (3)(B) in that fiscal year for purposes described in subparagraph (A). (5) Allocation of remaining funds After allocating amounts made available to carry out this section for a fiscal year in accordance with paragraph (3), the Administrator shall allocate any remaining amounts made available for that fiscal year to participating entities, using the procedures described in clauses (i) through (iii) of paragraph (3)(B). (6) Reservation of funds The Administrator shall reserve not more than 1.5 percent of the amount made available to carry out this section in a fiscal year— (A) for administrative costs incurred by the Federal Emergency Management Agency in carrying out this section; (B) to provide technical assistance to recipients of grants under this section; and (C) to enter into grant agreements with insular areas, with the grant funds to be distributed— (i) according to criteria established by the Administrator; and (ii) for a purpose described in subsection (c)(2). (c) Use of funds (1) In general Amounts deposited in a State or Tribal government loan fund, including repayments of loans made from the fund and interest earned on the amounts in the fund, shall be used— (A) consistent with paragraph (2) and subsection (g), to provide financial assistance for— (i) homeowners, businesses, and nonprofit organizations that are eligible to participate in the national flood insurance program; and (ii) any local government that participates in the national flood insurance program; (B) as a source of revenue and security for leveraged loans, the proceeds of which shall be deposited in the State or Tribal government loan fund; or (C) for the sale of bonds as security for payment of the principal and interest on revenue or general obligation bonds issued by the participating entity to provide matching funds under subsection (f), if the proceeds from the sale of the bonds are deposited in the State or Tribal government loan fund. (2) Purposes A recipient of financial assistance provided through amounts from a State or Tribal government loan fund— (A) shall use the amounts to reduce— (i) flood risk; or (ii) potential claims for losses covered under the national flood insurance program; (B) shall use the amounts in a cost-effective manner under requirements established by the participating entity, which may require an applicant for financial assistance to submit any information that the participating entity considers relevant or necessary before the date on which the applicant receives the assistance; (C) shall use the amounts for projects that— (i) meet design and construction standards established by the Administrator; (ii) are located in communities that— (I) participate in the national flood insurance program; and (II) have developed a community flood risk mitigation plan that has been approved by the Administrator under section 1366; (iii) address— (I) a repetitive loss structure or a severe repetitive loss property; or (II) flood risk in the 500-year floodplain, areas of residual flood risk, or other areas of potential flood risk, as identified by the Administrator; and (iv) address current risk and anticipate future risk, such as sea-level rise, and flood risk resulting from wildfire; (D) may use the amounts— (i) for projects relating to— (I) structural elevation; (II) floodproofing; (III) the relocation or removal of buildings from the 100-year floodplain or other areas of flood risk, including the acquisition of properties for such a purpose; (IV) environmental restoration activities that directly reduce flood risk, including green infrastructure; (V) any eligible activity described in subparagraphs (A) through (G) of section 1366(c)(3); or (VI) other activities determined appropriate by the Administrator; (ii) with respect to a project described in clause (i), only for expenditures directly related to a project described in that clause, including expenditures for planning, design, and associated pre-construction activities; (iii) to acquire, for the purposes of permanent protection, land, buildings, or a conservation easement from a willing seller or grantor, provided that— (I) the use of the land will be committed in perpetuity, with assurances from the recipient, that the land will only be used for open spaces, recreational use, or wetland management practices; and (II) no new structure will be erected on the property acquired other than— (aa) a public facility that is open on all sides and functionally related to a designated open space; (bb) a restroom; or (cc) a structure that the Administrator approves in writing before the commencement of a construction of the structure; and (iv) the recipient may make no subsequent application for disaster assistance for any purpose and no such assistance will be provided to the applicant from any Federal source; (E) may not use the amounts— (i) to construct buildings or expand existing buildings, unless the activity is for the purpose of flood mitigation; (ii) to improve any structure, unless the recipient has obtained flood insurance coverage, which shall be maintained for the useful life of the structure, in an amount that is not less than the lesser of— (I) the eligible project costs with respect to the structure; and (II) the maximum insurable limit for the structure under the national flood insurance program coverage for the structure; (iii) to improve a residential property with an appraised value that is not less than 125 percent of the limitation on the maximum original principal obligation of a conventional mortgage that may be purchased by the Federal National Mortgage Association or the Federal Home Loan Mortgage Corporation in the area in which the property is located, as established under section 302(b)(2) of the Federal National Mortgage Association Charter Act ( 12 U.S.C. 1717(b)(2) 12 U.S.C. 1454(a)(2) (iv) for the direct benefit of a homeowner if the annual household adjusted gross income of the homeowner during the previous fiscal year was not less than $200,000, as annually adjusted by the Administrator to reflect changes in the Consumer Price Index for All Urban Consumers, as published by the Bureau of Labor Statistics of the Department of Labor and rounded to the nearest $25; or (v) to acquire real property or an interest in real property unless the property is purchased from a willing seller; and (F) to the maximum extent practicable, shall, in using those amounts, give priority to projects that assist low-income homeowners and low-income geographical areas. (d) Intended use plans (1) In general After providing the opportunity for public review and comment, each participating entity shall annually prepare a plan that identifies, for the year following the date of issuance of the intended use plan, the intended uses of the amounts available in the State or Tribal government loan fund of the participating entity. (2) Consultation during preparation Each participating entity, in preparing an intended use plan, shall ensure that the State or Tribal government agency with primary responsibility for floodplain management— (A) provides oversight with respect to the preparation of the intended use plan; and (B) consults with any other appropriate State or Tribal government agency, including agencies responsible for coastal and environmental management. (3) Contents A participating entity shall, in each intended use plan— (A) include— (i) an explanation of the mitigation and resiliency benefits the participating entity intends to achieve, including by— (I) reducing future damage and loss associated with flooding; (II) reducing the number of severe repetitive loss properties and repetitive loss structures in the State or Tribal government jurisdiction, as applicable; (III) decreasing the number of flood insurance claims in the State or Tribal government jurisdiction, as applicable; and (IV) increasing the rating under the Community Rating System for communities in the State or Tribal government jurisdiction, as applicable; (ii) information with respect to the availability of, and the application process for receiving, financial assistance from the State or Tribal government loan fund of the participating entity; (iii) the criteria and methods established for the distribution of amounts from the State or Tribal government loan fund of the participating entity; (iv) the amount of financial assistance that the participating entity anticipates providing to— (I) local government projects; and (II) projects for homeowners, business, or nonprofit organizations; (v) the expected terms of the assistance provided under clause (iv); and (vi) a description of the financial status of the State or Tribal government loan fund and the short-term and long-term goals of the State or Tribal government loan fund; and (B) provide, to the maximum extent practicable, that priority for the use of amounts from the State or Tribal government loan fund shall be given to projects that— (i) address severe repetitive loss properties and repetitive loss structures; (ii) assist low-income homeowners and low-income geographic areas; and (iii) address flood risk for pre-FIRM buildings. (4) Publication Each participating entity shall publish and periodically update a list of all projects receiving funding from the State or Tribal government loan fund of the participating entity, which shall include identification of— (A) the community in which the project is located; (B) the type and amount of assistance provided for each project; and (C) the expected funding schedule and date of completion of each project. (e) Fund management Amounts in a State or Tribal government loan fund shall— (1) remain available for providing financial assistance under this section until distributed; (2) if the amounts are not required for immediate distribution or expenditure, be invested in interest-bearing obligations; and (3) except as provided in subsection (i), include only— (A) amounts received from capitalization grants made under this section; (B) repayments of loans made from the fund; and (C) interest earned on amounts in the fund. (f) Matching funds (1) Full grant On or before the date on which a participating entity receives a capitalization grant, the participating shall deposit into the State or Tribal government loan fund of the participating entity, in addition to the amount of the capitalization grant, an amount from non-Federal sources that is not less than 20 percent of the total amount of the capitalization grant. (2) Reduced grant If, with respect to a capitalization grant, a participating entity deposits in the State or Tribal government loan fund of the participating entity an amount from non-Federal sources that is less than 20 percent of the total amount of the capitalization grant that the participating entity would otherwise receive, the Administrator shall— (A) reduce the amount of the capitalization grant received by the participating entity to the amount that is 5 times the amount so deposited; and (B) in accordance with subsection (b)(5), allocate the difference between the amount that the participating entity would have received if the participating entity had complied with paragraph (1) and the amount of the reduced grant that the participating entity receives under subparagraph (A). (g) Types of assistance Unless otherwise prohibited by law of a participating entity, the participating entity may use the amounts deposited into a State or Tribal government loan fund under this section only— (1) to make a loan, on the condition that— (A) the interest rate for the loan is not more than the market interest rate; (B) the recipient of the loan will begin making principal and interest payments on the loan not later than 1 year after the date on which the project for which the loan was made is completed; (C) the loan will be fully amortized not later than 20 years after the date on which the project for which the loan was made is completed, except that, in the case of a loan made for a project in a low-income geographic area or to a low-income homeowner, the State may provide a longer amortization period for the loan if that longer period— (i) ends on a date that is not later than 30 years after the date on which the project is completed; and (ii) is not longer than the expected design life of the project; (D) the recipient of the loan demonstrates, based on verified and documented information that, as of the date on which the loan is made, the recipient has a reasonable ability to repay the loan, according to the terms of the loan, except that this subparagraph may not be construed to authorize any reduction or limitation in efforts to comply with the requirements of subsection (c)(2)(F); and (E) payments of principal and interest with respect to the loan will be deposited into the State or Tribal government loan fund; (2) to buy or refinance the debt obligation of a local government at an interest rate that is not more than the market interest rate; (3) to guarantee, or purchase insurance for, a local obligation, the proceeds of which finance a project eligible for assistance under this section, if the guarantee or purchase, as applicable, would— (A) improve credit market access; or (B) reduce the interest rate with respect to the obligation; (4) as a source of revenue or as security for the payment of principal and interest on revenue or general obligation bonds issued by the participating entity if the proceeds of the sale of the bonds will be deposited into the State or Tribal government loan fund; or (5) to earn interest on those amounts. (h) Assistance for low-Income homeowners and low-Income geographic areas (1) In general Notwithstanding any other provision of this section, if a participating entity uses amounts from a State or Tribal government loan fund to provide financial assistance under subsection (c) in a low-income geographic area or to a low-income homeowner, the participating entity may provide additional subsidization to the recipient of the assistance, including forgiveness of the principal of a loan. (2) Limitation For each fiscal year, the total amount of additional subsidization provided by a participating entity under paragraph (1) may not exceed 30 percent of the amount of the capitalization grant allocated to the participating entity for that fiscal year. (i) Administration of fund (1) In general A participating entity may combine the financial administration of a State or Tribal government loan fund with the financial administration of any other revolving fund established by the participating entity if— (A) combining the administration of the funds would— (i) be convenient and avoid administrative costs; and (ii) not violate the law of the participating entity; and (B) the Administrator determines that— (i) amounts obtained from a grant made under this section, amounts obtained from the repayment of a loan made from a State or Tribal government loan fund, and interest earned on amounts in a State or Tribal government loan fund will be— (I) accounted for separately from amounts from other revolving funds; and (II) used only for purposes authorized under this section; and (ii) after consulting with the appropriate State or Tribal government agencies, the authority to establish assistance priorities and carry out oversight and related activities, other than financial administration, with respect to flood assistance remains with the State or Tribal government agency with primary responsibility for floodplain management. (2) Administrative and technical costs (A) In general For each fiscal year, a participating entity may use the amount described in subparagraph (B) to— (i) pay the reasonable costs of administration of the programs under this section, including the recovery of reasonable costs incurred in establishing a State or Tribal government loan fund; (ii) provide appropriate oversight of projects authorized under this section; and (iii) provide technical assistance and outreach to recipients in the State or Tribal government jurisdiction of amounts under this section, including with respect to updating hazard mitigation plans and participating in the Community Rating System, in an amount that is not more than 4 percent of the funds made available to the State or Tribal government jurisdiction under this section. (B) Description The amount described in this subparagraph is an amount equal to the sum of— (i) any fees collected by a participating entity to recover the costs described in subparagraph (A)(i), regardless of the source; and (ii) the greatest of— (I) $400,000; (II) 0.2 percent of the value of the State or Tribal government loan fund of a participating entity, as of the date on which the valuation is made; and (III) an amount equal to 7 percent of all grant awards made to a participating entity for the State or Tribal government loan fund of the participating entity under this section for the fiscal year. (3) Audit and report (A) Audit requirement Not less frequently than biennially, each participating entity shall conduct an audit of the State or Tribal government loan fund of the participating entity. (B) Report Each participating entity shall submit to the Administrator a biennial report regarding the activities of the participating entity under this section during the period covered by the report, including— (i) the result of any audit conducted by the participating entity under subparagraph (A); and (ii) a review of the effectiveness of the State or Tribal government loan fund of the participating entity with respect to— (I) the intended use plans of the participating entity; and (II) meeting the objectives described in subsection (b)(1). (4) Oversight In conducting oversight with respect to State or Tribal government loan funds established under this section, the Administrator— (A) shall— (i) periodically audit the funds in accordance with procedures established by the Comptroller General of the United States; and (ii) not less frequently than once every 4 years, review each State or Tribal government loan fund to determine the effectiveness of the fund in reducing flood risk; and (B) may, at any time— (i) make recommendations to a participating entity with respect to the administration of the State or Tribal government loan fund of the participating entity; or (ii) require specific changes with respect to a State or Tribal government loan fund of the participating entity in order to improve the effectiveness of the fund. (j) Liability protections The Federal Emergency Management Agency shall not be liable for any claim based on the exercise or performance of, or the failure to exercise or perform, a discretionary function or duty by the Agency, or an employee of the Agency, in carrying out this section. (k) Regulations The Administrator shall promulgate such guidance or regulations as may be necessary to carry out this section, including guidance or regulations that— (1) ensure that each participating entity to which funds are allocated under this section uses the funds as efficiently as possible; (2) reduce, to the maximum extent practicable, waste, fraud, and abuse with respect to the implementation of this section; and (3) require any party that receives funds directly or indirectly under this section, including a participating entity and a recipient of amounts from a State or Tribal government loan fund, to use procedures with respect to the management of the funds that conform to generally accepted accounting standards. (l) Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out this section for fiscal years 2024 through 2033. . (b) Consideration of mitigation measures funded by State loan funds in flood insurance premium rates (1) Estimated rates Section 1307(a)(1)(A)(ii) of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4014(a)(1)(A)(ii) and similar measures similar measures, any activities funded through amounts from a State or Tribal government loan fund established under section 1327 (2) Chargeable rates Section 1308(b)(1) of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4015(b)(1) and similar measures similar measures, any activities funded through amounts from a State or Tribal government loan fund established under section 1327 208. Mapping modernization (a) Amendments to the Biggert-Waters Flood Insurance Reform Act of 2012 The Biggert-Waters Flood Insurance Reform Act of 2012 ( 42 U.S.C. 4004 et seq. (1) in section 100215 ( 42 U.S.C. 4101a (A) in subsection (b)— (i) in paragraph (1)— (I) by redesignating subparagraphs (A) through (E) as subparagraphs (B) through (F), respectively; (II) by inserting before subparagraph (B), as so redesignated, the following: (A) the Director of the United States Geological Survey; ; and (III) in subparagraph (F), as so redesignated— (aa) in the matter preceding clause (i), by striking 16 17 (bb) in clause (xiii), by striking and (cc) in clause (xiv), by striking the period at the end and inserting ; and (dd) by adding at the end the following: (xv) an expert in the field of catastrophic risk modeling. ; (ii) in paragraph (2), in the second sentence, by striking paragraph (1)(E) paragraph (1)(F) (iii) by adding at the end the following: (3) Conflicts of interest A member of the Council— (A) may not, while serving on the Council, be employed or retained by— (i) a Federal Emergency Management Agency contractor or consultant; or (ii) a nongovernmental entity that was awarded a Federal grant during the 5-year period preceding the date on which the member was appointed to the Council; and (B) may not have been employed by a Federal Emergency Management Agency contractor or consultant during the 5-year period preceding the date on which the member was appointed to the Council. ; and (B) by adding at the end the following: (m) Private or community flood maps (1) Standards and procedures In addition to the other duties of the Council under this section, not later than 1 year after the date of enactment of this subsection, the Council shall develop and establish a set of standards, guidelines, and procedures for— (A) State and local governments, federally or State-recognized metropolitan planning organizations (commonly known as MPOs (B) certification, by the Administrator not later than 90 days after the date on which a map developed under subparagraph (A) is submitted to the Administrator, for use under the National Flood Insurance Program in the case of any area covered by a flood insurance rate map developed or approved by the Administrator that has not been updated or reissued during the preceding 3-year period. (2) Treatment On and after the date on which the Administrator certifies a map under paragraph (1)(B), and subject to the requirements of section 1363 of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4104 (A) shall be considered the flood insurance rate map in effect for all purposes of the National Flood Insurance Program with respect to the area covered by the map; and (B) may not be revised, updated, or replaced in accordance with the standards, guidelines, and procedures established under paragraph (1) before the expiration of the 3-year period beginning on that date of certification. (3) Exemption from rulemaking Until the date on which the Administrator promulgates regulations implementing paragraphs (1) and (2), the Administrator may adopt policies and procedures, notwithstanding any other provision of law, necessary to implement those paragraphs without regard to section 553 of title 5, United States Code, and without conducting regulatory analyses otherwise required by statute, regulation, or Executive order. ; and (2) in section 100216 ( 42 U.S.C. 4101b (A) in subsection (b)— (i) in paragraph (1)— (I) in subparagraph (A)— (aa) in clause (v), by striking and (bb) in clause (vi), by adding and (cc) by inserting after clause (vi) the following: (vii) all other areas of the United States that are not described in clauses (i) through (vi); ; (II) in subparagraph (B), by striking and (III) in subparagraph (C), by striking the period at the end and inserting , including the most recently available and best remote sensing technology; (IV) by adding at the end the following: (D) when appropriate, partner with other Federal agencies, States, and private entities in order to meet the objectives of the program; and (E) consult and coordinate with the Secretary of Defense, the Director of the United States Geological Survey, the Director of the Fish and Wildlife Service, and the Administrator of the National Oceanic and Atmospheric Administration to obtain the most up-to-date maps and other information of those agencies, including information relating to topography, water flow, watershed characteristics, and any other issues that are relevant to identifying, reviewing, updating, maintaining, and publishing National Flood Insurance Program rate maps. ; and (ii) in paragraph (3)— (I) in subparagraph (A), by redesignating clauses (i) and (ii) as subclauses (I) and (II), respectively, and adjusting the margins accordingly; (II) by redesignating subparagraphs (A) through (E) as clauses (i) through (v), respectively, and adjusting the margins accordingly; (III) in the matter preceding clause (i), as so redesignated, by striking Administrator shall include— Administrator— (A) shall include— ; (IV) in subparagraph (A)(v), as so redesignated, by striking the period at the end and inserting ; and (V) by adding at the end the following: (B) may include— (i) any relevant information that is obtained under paragraph (1)(E); and (ii) cadastral features, including, for each cadastral feature— (I) the associated parcel identification data for that feature; and (II) to the maximum extent practicable, using public and private sector address data, the address of that feature. ; (B) in subsection (c)(2)— (i) in subparagraph (B), by striking and (ii) in subparagraph (C), by striking the period at the end and inserting a semicolon; and (iii) by adding at the end the following: (D) not later than 5 years after the date on which the National Geodetic Survey completes the modernization of the National Spatial Reference System in 2022, updated to conform with the geospatial data provided by that system; and (E) spatially accurate in accordance with the common protocols for geographic information systems under applicable law. ; (C) by redesignating subsection (f) as subsection (g); (D) by inserting after subsection (e) the following: (f) Incorporating building-Specific flood risk information (1) Establishment (A) In general Not later than 5 years after the date of enactment of the National Flood Insurance Program Reauthorization and Reform Act of 2023 (B) Consultation with States and communities In designing and constructing the environment under subparagraph (A), the Administrator shall— (i) leverage and partner with States and communities that have successfully implemented the same approach; and (ii) consider adopting the techniques and technologies used by States and communities described in clause (i) and applying them nationwide. (2) Digital display (A) In general In carrying out paragraph (1), the Administrator shall create a digital display prompted through dynamic querying of a spatial, relational building database that includes— (i) special flood hazard areas and base flood elevations for purposes of lender compliance with the requirements under section 102 of the Flood Disaster Protection Act of 1973 ( 42 U.S.C. 4012a (ii) structure-specific flood risk information, including, for each property address— (I) the spatial footprint and elevation of the structure relative to special flood hazard areas and base flood elevations; (II) elevation data applicable to the property; (III) any letter of map changes; (IV) to the maximum extent practicable, the full risk premium rate estimated for the structure under section 1307(a)(1) of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4014(a)(1) (V) the disclosure described in section 1308(l) of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4015(l) (aa) the extent to which, if any, the chargeable premium rate applicable to the property is less than the full risk premium rate under section 1307(a)(1) of that Act ( 42 U.S.C. 4014(a)(1) (bb) an explanation of the difference described in item (aa) and the methodology used to rate the property; (VI) the estimated cost to repair the structure in the case of damage from floods with recurrence intervals ranging from the 10 percent annual chance event to the 0.2 percent annual chance event; (VII) the cost-effectiveness of mitigating the structure using common methods and how the chargeable premium rate would change based on each mitigation method; and (VIII) the claims history of the structure, including the amount and date of each loss. (B) Privacy requirements With respect to the database described in subparagraph (A), including any data used to create that database, the Administrator may not disseminate the database to any person other than the owner or leaseholder of a property identified in the database. (3) Database (A) In general The Administrator shall— (i) develop a spatial, relational database of buildings for which flood hazard has been identified through the National Flood Insurance Program; and (ii) obtain the data necessary to support the digital display created under paragraph (2). (B) Data The data obtained under subparagraph (A) shall include, at a minimum— (i) footprints and elevations (including lowest adjacent grade and first floor) from Light Detection and Ranging (commonly known as LiDAR (ii) elevation data; (iii) parcel, address, and imagery data necessary for the identification, assessment, and reduction of flood hazards for individual properties; (iv) flood insurance rate maps, studies, and supporting data; (v) letters of map change; and (vi) any other data that the Administrator determines necessary to collect to meet the objectives of this section. (4) Data procurement The Administrator shall obtain any data necessary to establish the environment under paragraph (1), including by— (A) directing communities participating in the National Flood Insurance Program, by regulation, to collect and supply information, including elevation data, for each structure that obtains a construction or other development permit within— (i) a special flood hazard area; or (ii) an advisory special flood hazard area adopted by the community; (B) issuing guidelines and standards, as determined by the Administrator; (C) partnering with other Federal, State, local, and private stakeholders to the greatest extent possible to obtain and share existing data that meets or exceeds the standards determined by the Administrator under subparagraph (B); and (D) contracting with private companies to obtain new LiDAR data collections or elevation data. (5) NFIP premium credit The Administrator shall provide a 1-time premium credit of not more than $500 to a policyholder for the purchase of an elevation certificate. (6) Mass letters of map change In coordination with States and communities that have successfully implemented a dynamic, database-derived digital display environment for flood hazard risk production and dissemination, the Administrator shall issue guidelines for the adoption and integration into the program established under subsection (a) of LiDAR-based letter of map amendment approaches. (7) Annual report The Administrator shall submit to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives an annual progress report on the implementation of this subsection, which shall include recommendations to reduce the cost and improve the implementation of this subsection. ; and (E) in subsection (g), as so redesignated— (i) by striking this section $400,000,000 this section— (1) $500,000,000 ; and (ii) by striking the period at the end and inserting the following: ; and (2) $500,000,000 for each of fiscal years 2024 through 2029. . (b) Appeals (1) In general (A) Right to appeal Section 1360 of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4101 (k) Appeals of existing maps (1) Right to appeal Subject to paragraph (6), a State or local government, or the owner or lessee of real property, that makes a formal request to the Administrator to update a flood insurance rate map that the Administrator denies may at any time appeal the denial in accordance with this subsection. (2) Basis for appeal The basis for an appeal under this subsection shall be the possession of knowledge or information that— (A) the base flood elevation level or designation of any aspect of a flood insurance rate map is scientifically or technically inaccurate; or (B) factors exist that mitigate the risk of flooding, including ditches, banks, walls, vegetation, levees, lakes, dams, reservoirs, basin, retention ponds, and other natural or manmade topographical features. (3) Appeals process (A) Administrative adjudication The Administrator shall determine an appeal under this subsection by making a final adjudication on the record, after providing an opportunity for an administrative hearing. (B) Rights upon adverse decision (i) Optional arbitration If an appeal determined under subparagraph (A) does not result in a decision in favor of the State, local government, owner, or lessee, that party may request that an appeal of the adverse decision be heard— (I) through independent, non-binding arbitration; or (II) by the Scientific Resolution Panel provided for in section 1363A. (ii) Process Notwithstanding any provision of section 1363A(c)(4) regarding the binding nature of the recommendations of the Scientific Resolution Panel, the Administrator shall establish a process for the purposes of clause (i) under which an arbitrator or the Scientific Resolution Panel, as applicable, provides a non-binding recommendation to the Administrator. (4) Relief (A) Wholly successful appeals If the Administrator determines in an appeal under this subsection that the property of a policyholder that had been included in a special flood hazard area under the flood insurance rate map is actually not in a special flood hazard area— (i) the policyholder may cancel the policy at any time during the year in which the Administrator makes the determination; and (ii) the Administrator shall provide the policyholder a refund equal to the amount of— (I) any premiums that the policyholder paid during the year described in clause (i); and (II) any premiums that the policyholder paid for flood insurance coverage that the policyholder was required to purchase or maintain during the 2-year period preceding the year described in clause (i). (B) Partially successful appeals If the Administrator determines in an appeal under this subsection that mitigating factors have reduced, but not eliminated, the risk of flooding to a property, the Administrator shall— (i) reduce the amount of flood insurance coverage required to be maintained for the property by the ratio of the successful portion of the appeal as compared to the entire appeal; and (ii) provide the policyholder a refund equal to the difference between— (I) the amount of any premiums that the policyholder paid during the period— (aa) beginning on the later of— (AA) the date on which the mitigating factor was created; or (BB) January 1 of the second year preceding the date on which the determination is made; and (bb) ending on the date on which the reduction in the amount of flood insurance required, as described in clause (i), takes effect; and (II) the amount of premiums that the policyholder would have been required to pay if the reduced amount of flood insurance coverage required, as described in clause (i), had been in effect during the period described in subclause (I) of this clause. (C) Additional relief The Administrator may provide additional refunds in excess of the amounts required under subparagraphs (A) and (B) if the Administrator determines that such additional refunds are warranted. (5) Recovery of costs (A) Appeal expenses If a State or local government, or the owner or lessee of real property, incurs any expense in connection with an appeal under this subsection that is based on a scientific or technical error made by the Administrator and that is successful in whole or part regarding the designation of the base flood elevation or any aspect of a flood insurance rate map, including elevation or designation of a special flood hazard area, the Administrator shall reimburse the State, local government, owner, or lessee in accordance with subparagraph (B). (B) Reimbursable expenses The Administrator— (i) may reimburse a party under subparagraph (A) for reasonable expenses described in that subparagraph— (I) including for a service provided by a surveyor, engineer, or scientific expert; and (II) to the extent measured by the ratio of the successful portion of the appeal as compared to the entire appeal; and (ii) may not reimburse a party under subparagraph (A) for— (I) the cost of legal services; or (II) the payment of any fee or expense, the payment of which was agreed to be contingent upon the result of the appeal. (6) Guidance The Administrator shall issue guidance to implement this subsection, which shall not be subject to the notice and comment requirements under section 553 of title 5, United States Code. . (B) Technical and conforming amendments Section 1310(a) of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4017(a) (i) in paragraph (7), by striking and (ii) in paragraph (8), by striking the period at the end and inserting ; and (iii) by adding at the end the following: (9) for providing reimbursements of expenses of flood insurance rate map appeals under section 1360(k)(5). . (2) Deadline for issuance of guidance Not later than 180 days after the date of enactment of this Act, the Administrator shall issue the guidance required under subsection (k)(6) of section 1360 of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4101 (3) Issuance of regulations for map appeals Not later than 180 days after the date of enactment of this Act, the Administrator shall issue the regulations required to be issued under subsection (f) of section 1363 of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4104 209. Appeals Not later than 180 days after the date of enactment of this Act, the Administrator shall establish a fair, transparent, and streamlined process to manage disputes regarding chargeable premium rates prescribed under section 1308 of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4015 (1) the distance of the property from an ocean, coastline, lake, or river; (2) the elevation of the property; (3) the ground elevation of the property; (4) the first floor height of the property; (5) the type of foundation with respect to the property; or (6) the quality of any levee on the property. 210. Levee-protected areas Section 100216(b) of the Biggert-Waters Flood Insurance Reform Act of 2012 ( 42 U.S.C. 4101b(b) (4) Areas protected by levee systems (A) Applicability To facilitate the implementation of this section, and notwithstanding any other provision of law, this paragraph shall apply to a community in which the Administrator establishes rates for flood insurance under the National Flood Insurance Program in a levee-protected area. (B) Non-accredited levee systems (i) Assessment of protection provided by non-accredited levee systems With respect to an area in which the pertinent levee system fails to meet the minimum design, operation, and maintenance standards of the National Flood Insurance Program described in section 65.10 of title 44, Code of Federal Regulations, or any successor regulation, for levee accreditation on a National Flood Insurance Program rate map under the Risk Rating 2.0 methodology (or any substantially similar methodology), the Administrator shall, not later than 1 year after the date of enactment of this paragraph— (I) through rules issued under section 553 of title 5, United States Code, establish— (aa) the analysis that the Administrator will perform to determine the level of protection provided by the non-accredited levee system; and (bb) the procedure by which the Administrator will establish rates for flood insurance under the National Flood Insurance Program for that area; and (II) (aa) issue guidance with respect to the matters described in items (aa) and (bb) of subclause (I); or (bb) use the levee analysis and mapping procedure of the Federal Emergency Management Agency, as in effect on the date of enactment of this paragraph, for purposes of updating flood insurance rate maps and establishing rates for flood insurance under the National Flood Insurance Program, working with established Local Levee Partnership Teams or their equivalent for verification of accurate results. (ii) Rate for areas without sufficient data With respect to a structure that is located in an area described in clause (i), and for which the Administrator does not have sufficient data to assess risk, the Administrator may not increase the rates for flood insurance under the National Flood Insurance Program for that structure until the Administrator— (I) carries out clause (i) with respect to that area; and (II) makes available to all parties affected by the increased rate the data on which the Administrator is relying in establishing that increased rate. (C) Mandatory purchase requirement for levee systems In any area in which the pertinent levee system meets the minimum design, operation, and maintenance standards described in section 65.10 of title 44, Code of Federal Regulations, or any successor regulation, the Administrator may not— (i) designate the levee-protected area a special flood hazard area; or (ii) impose any requirement to purchase flood insurance for a structure located in the area. (D) Appeals process (i) In general Not later than 1 year after the date of enactment of this paragraph, the Administrator shall develop an appeals process for communities located within a levee-protected area described in this paragraph that disputes the assessment made by the Administrator of the level of protection provided by the levee or the residual risk associated with the levee. (ii) Definition requirements With respect to the appeals process established under clause (i)— (I) subject to subclause (II), the Administrator shall make clear which definition of the terms levee residual risk (II) an appellant in an appeal brought under that process may require that the Administrator use the definition of the term levee . 211. Community-wide flood mitigation activities It is the sense of Congress that the Administrator should consider flood mitigation activities that— (1) provide benefits to an entire floodplain or community, or to a portion of such a community; (2) consider all available and practicable approaches; and (3) the Administrator determines— (A) are technically feasible; (B) have the highest net benefits; and (C) are consistent with mitigation plans approved by the Administrator. 212. Premium calculator (a) Definitions In this section— (1) the term covered property (2) the term premium rates 42 U.S.C. 4015 (b) Requirements The Administrator shall take the following actions: (1) Not later than 60 days after the date of enactment of this Act, make public all formulas used by the Administrator to calculate the value of mitigation credits provided with respect to covered properties, including, at a minimum, credits for— (A) installing a flood opening; (B) elevating such a property onto a post, pile, or pier; and (C) elevating machinery and equipment above the lowest floor of such a property. (2) Not later than 90 days after the date of enactment of this Act, establish a tool that allows members of the public to estimate premium rates for covered properties under the Risk Rating 2.0 program (or any similar methodology) within a reasonable margin of error based on user inputs, which shall include a mechanism for determining how the premium rates for a covered property would change based on taking a particular mitigation action, including an action described in subparagraph (A), (B), or (C) of paragraph (1) with respect to the covered property. (3) Not later than 1 year after the date of enactment of this Act, and annually thereafter, publish online, for each State, county, and ZIP Code in the United States, a distribution showing the median, mean, lower and upper quartiles, maximum, and minimum— (A) premium rates; and (B) full risk premium rates under section 1307(a)(1) of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4014(a)(1) 213. Consideration of mitigation projects in flood insurance premium rates (a) Estimated rates Section 1307(a)(1)(A)(ii) of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4014(a)(1)(A)(ii) section 1327 , and any mitigation project carried out by the Army Corps of Engineers or under the community development block grant program for disaster recovery or mitigation, section 203 or 205 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5133 (b) Chargeable rates Section 1308(b)(1) of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4015(b)(1) section 1327 , and any mitigation project carried out by the Army Corps of Engineers or under the community development block grant program for disaster recovery or mitigation, section 203 or 205 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5133 III Solvency 301. Forbearance on NFIP interest payments (a) In general During the 5-year period beginning on the date of enactment of this Act, the Secretary of the Treasury may not charge the Administrator interest on amounts borrowed by the Administrator under section 1309(a) of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4016(a) (b) Use of saved amounts There shall be deposited into the National Flood Mitigation Fund an amount equal to the interest that would have accrued on the borrowed amounts during the 5-year period described in subsection (a) at the time at which those interest payments would have otherwise been paid, which, notwithstanding any provision of section 1367 of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4104d 42 U.S.C. 4104c (c) No retroactive accrual After the 5-year period described in subsection (a), the Secretary of the Treasury shall not require the Administrator to repay any interest that, but for that subsection, would have accrued on the borrowed amounts described in that subsection during that 5-year period. 302. Cap on Write Your Own company compensation (a) In general Section 1311 of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4018 (1) by redesignating subsection (b) as subsection (c); and (2) by inserting after subsection (a) the following: (b) Limitation on compensation; minimum agent commissions In negotiating with appropriate representatives of the insurance industry under subsection (a), the Administrator shall ensure that— (1) any reimbursement paid to a property and casualty insurance company for selling, writing, and servicing flood insurance policies is not more than 22.46 percent of the aggregate amount of premiums charged by the insurance company; and (2) an insurance company pays a portion of the reimbursement described in paragraph (1) to agents of the company as a commission, in an amount that is not less than 15 percent of the aggregate amount of the premiums sold by the agent. . (b) Technical and conforming amendments Section 1311 of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4018 (1) in subsection (a), by striking The Administrator In general (2) in subsection (c), as so redesignated by subsection (a) of this section, by striking For purposes of subsection (a) Definitions 303. Third-party service provider costs; transparency (a) In general Section 100224(d) of the Biggert-Waters Flood Insurance Reform Act of 2012 ( 42 U.S.C. 4081 (1) by striking Not later than 12 months after the date of enactment of this Act, the Administrator (1) In general The Administrator ; and (2) by adding at the end the following: (2) Vendor costs; transparency In issuing the rule under paragraph (1), the Administrator shall— (A) develop a schedule to determine the actual costs of Write Your Own third-party service providers, including claims adjusters and engineering companies; (B) provide that if a Write Your Own company requests reimbursement for the costs of a service or product provided to the company by a vendor, the Administrator only reimburses the company for the actual costs of the service or products; and (C) require that all reimbursements to Write Your Own companies be made public, including a description of the product or service provided to which the reimbursement pertains. . (b) Deadline for revised rule Not later than 90 days after the date of enactment of this Act, the Administrator shall issue a revised rule under section 100224(d) of the Biggert-Waters Flood Insurance Reform Act of 2012 ( 42 U.S.C. 4081 304. Availability of NFIP claims data (a) Study required (1) In general The Administrator shall study the feasibility of selling or licensing the use of historical structure-specific National Flood Insurance Program claims data (referred to in this section as covered claims data (2) Contents In conducting the study required under paragraph (1), the Administrator shall, at a minimum— (A) investigate 1 or more methods of providing the most specific covered claims data possible while reasonably protecting policyholder privacy; (B) review existing means, as of the date of enactment of this Act, by which the Federal Government and nongovernmental entities provide leases or licenses to private persons, and the various regulations, terms, conditions, and guidance employed; (C) identify potential uses for covered claims data and any known risks concerning those uses, including the risk that private insurance companies will use the data to issue flood insurance policies with respect to properties that have the lowest level of flood risk, which would require the National Flood Insurance Program to issue those policies with respect to properties with higher levels of flood risk; (D) identify mechanisms for determining the likely market value for access to covered claims data; (E) consider whether selling or licensing the use of covered claims data, as described in paragraph (1), would be in compliance with section 552a of title 5, United States Code (commonly known as the Privacy Act of 1974 (F) review the costs of researching, developing, and producing previous releases of covered claims data and identify if releasing this data has benefitted the National Flood Insurance Program in a tangible way that benefits policyholders; and (G) recommend actions the Administrator could take, if any, to prevent unintended consequences associated with the sale or licensing for private insurance purposes covered claims data. (b) Report by Administrator Not later than 1 year after the date of enactment of this Act, the Administrator shall submit to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives a report that contains the results and conclusions of the study conducted under subsection (a), which shall include an analysis of any recommendations made by the study. 305. Refusal of mitigation assistance Section 1366 of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4104c (1) in subsection (a), in the matter preceding paragraph (1), in the first sentence, by inserting and, with respect to financial assistance described in paragraph (2), using amounts made available from the Disaster Relief Fund in accordance with section 203(n) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5133(n) section 1367 (2) by redesignating subsection (h) as subsection (i); and (3) by inserting after subsection (g) the following: (h) Refusal of assistance (1) Definition In this subsection, the term bona fide offer of assistance (A) relates to mitigation activities with respect to the structure insured under that program; (B) covers 100 percent of the cost of the mitigation activities described in subparagraph (A); (C) permits the policyholder to continue to live in the structure to which the policy relates; and (D) is carried out under a mitigation plan. (2) Penalty If, after the date of enactment of the National Flood Insurance Program Reauthorization and Reform Act of 2023 (A) the policyholder accepts the bona fide offer of assistance; or (B) that chargeable risk premium rate is actuarially sound. . 306. Multiple structure mitigation Section 1308A(a) of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4015a(a) (1) in the first sentence, by striking The Administrator (1) In general Except as provided in paragraph (2), the Administrator ; and (2) by adding at the end the following: (2) Relief for small businesses and nonprofits (A) Definition In this paragraph, the term covered small business or nonprofit organization 15 U.S.C. 632 section 501(c)(3) (B) Relief The Administrator may not impose a surcharge under this section for a policy for flood insurance coverage under the National Flood Insurance Program for a covered small business concern or nonprofit organization with respect to more than 2 detached units or buildings located on a single property if the covered small business or nonprofit organization certifies to the Administrator that the savings from the surcharge not being imposed shall be used for flood mitigation on the property on which the units or buildings are located. (C) Rules Not later than 1 year after the date of enactment of this paragraph, the Administrator shall issue rules establishing the process for submitting a certification described in subparagraph (B). . IV Policyholder protection and fairness 401. Earth movement fix and engineer standards (a) Rebuttable presumption for foundation and structural damage (1) In general Section 1312 of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4019 (d) Rebuttable presumption for foundation and structural damage (1) In general For the purposes of the Administrator determining coverage under the standard flood insurance policy under the national flood insurance program, a rebuttable presumption that physical damage to the foundation of, or structural damage to, a structure was not caused by earth movement shall apply if— (A) flood caused direct physical change to the structure; and (B) there is damage to the foundation of, or structural damage to, the structure that was not present before the flood, as demonstrated by a certification from the policyholder. (2) Rebuttal In determining coverage as a result of the rebuttable presumption under paragraph (1), an insurance company may rebut the presumption only by providing the Administrator with an engineering report that— (A) meets standards issued by the Administrator under paragraph (3); and (B) clearly demonstrates that the physical damage to the foundation of, or structural damage to, a structure described in paragraph (1) was caused directly by earth movement that was not— (i) caused by the horizontal pressure from standing or slow-moving floodwater (commonly known as hydrostatic pressure (ii) caused by the force of floodwater that causes the vertical uplift from the underside of a horizontal foundation component, such as a concrete slab, footer, or structural floor assembly (commonly known as buoyancy (iii) caused by pressure imposed on an object, such as a wall of a building, by high-velocity floodwater or waves flowing against and around the building (commonly known as hydrodynamic force (iv) caused by floodwater moving along the surface of the ground causing soil to suddenly erode or undermine, resulting in failure of a foundation or to one of the structural components of the foundation (commonly known as scouring (v) otherwise caused by flood. (3) Minimum standards for engineering reports The Administrator shall issue minimum standards— (A) regarding the form and content of engineering reports used to assist insurance claims adjusters with respect to carrying out this subsection; and (B) that— (i) include a requirement that any such engineering report shall be signed and have a seal affixed by an engineer who is licensed in the State in which the property to which the claim relates is located; and (ii) are consistent with generally accepted practices in— (I) the field of forensic engineering; and (II) the insurance industry. (4) Documentation of condition of foundation (A) In general If the holder of a policy for flood insurance coverage made available under this title documents the condition of the foundation of a structure covered by the policy with a photograph, video recording, or otherwise, and submits the documentation to the Administrator or the Write Your Own Company that sold the policy, as applicable, the Administrator or Write Your Own Company, respectively, shall keep the documentation and use the documentation when adjusting a claim that arises under the policy. (B) Notice to policyholders The Administrator shall notify a policyholder, when the policyholder purchases or renews a flood insurance policy sold under this title, that the policyholder may document the condition of the foundation of a structure covered by the policy in accordance with subparagraph (A). (5) Rule of construction Nothing in this subsection may be construed to modify the terms and conditions of the standard flood insurance policy. . (2) Application The amendment made by paragraph (1) shall apply with respect to a claim with a date of loss that is on or after the date that is 90 days after the date of enactment of this Act. (b) Regulations Not later than 90 days after the date of enactment of this Act, the Administrator shall issue the standards required under subsection (d)(3) of section 1312 of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4019 402. Coverage of pre-FIRM condominium basements and study on street raising (a) Basement clarification (1) In general Section 1305 of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4012 (e) Availability of insurance for pre-FIRM condominium basements (1) Definition In this subsection, the term pre-FIRM condominium building (A) December 31, 1974; or (B) the effective date of the initial flood insurance rate map published by the Administrator under section 1360 for the area in which the building is located. (2) Coverage The Administrator shall offer an optional rider to a contract for flood insurance made available under this title that covers the basement of a pre-FIRM condominium building that serves as a separate residential unit within that condominium building. . (2) Amendments to regulations Not later than 180 days after the date of enactment of this Act, the Administrator shall make any amendments to the regulations of the Federal Emergency Management Agency that are necessary as a result of the amendment made by paragraph (1). (b) Study on consequences of street-Raising (1) Definition In this subsection, the term affected property (A) the floor of which was located at or above grade before the community raised the street adjacent to the property; and (B) after the street-raising described in subparagraph (A), that was designated as a basement because of the street-raising. (2) Study; report Not later than 1 year after the date of enactment of this Act, the Administrator shall study and submit to Congress a report on the consequences of street-raising on flood insurance coverage for an affected property under the National Flood Insurance Program, including the cost implications for the property owner. 403. Guidance on remediation and policyholder duties (a) In general Section 1312 of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4019 (e) Guidance on mold remediation (1) In general The Administrator shall issue guidance relating to the identification of reasonable actions that a policyholder of coverage for flood insurance made available under this title may take to inspect and maintain the property to which that coverage applies— (A) after a flood recedes; and (B) in order to avoid damage to the property that is caused by mold, mildew, moisture, or water. (2) Considerations In developing guidance under paragraph (1), the Administrator shall consider— (A) any applicable laws and regulations; (B) the terms and conditions of the standard flood insurance policy; (C) technical best practices; (D) the costs of remediation in relation to the condition of a property described in that paragraph; and (E) the actions that the Administrator may reasonably expect a policyholder described in that paragraph to take, given the likely challenges faced by the policyholder after a flood. (3) Regular review The Administrator shall— (A) regularly review the guidance issued under paragraph (1); and (B) revise the guidance issued under paragraph (1) as the Administrator determines appropriate. (4) Annual distribution The Administrator shall provide a copy of the guidance issued under paragraph (1) to a policyholder at the time of the purchase or renewal of a flood insurance policy sold under this title. . (b) Initial issuance Not later than 1 year after the date of enactment of this Act, the Administrator shall issue the guidance required under subsection (e) of section 1312 of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4019 (c) Accessibility, reasonableness, and degree of damage Section 1312 of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4019 (f) Exclusion of certain damage For purposes of determining whether damage caused by mold, mildew, moisture, or water to a property shall be excluded from coverage under the standard flood insurance policy— (1) subject to paragraph (2), only the degree of damage caused by mold, mildew, moisture, or water that could have been avoided through inspection and maintenance may be excluded from that coverage; and (2) the condition of the property to which the damage relates may not be considered to be attributable to the policyholder with respect to the property, including any failure by the policyholder to inspect and maintain the property after a flood recedes, if— (A) the policyholder was denied access to the property after the flood receded because of— (i) a lawful government order; (ii) a determination by local authorities that the property— (I) is unsafe or unstable; or (II) shall be condemned; or (iii) otherwise unsafe conditions; (B) a reasonable individual exercising reasonable judgment could not be expected to inspect, maintain, or mitigate the damage to the property under the circumstances; or (C) the policyholder faced particular challenges, including— (i) practical or financial difficulty in inspecting or maintaining the property; (ii) the need to address other more immediate priorities, including— (I) the health and well-being of the policyholder and the family of the policyholder; (II) the preservation of basic items; (III) displacement; and (IV) other issues that make inspection and maintenance of the property a near-term challenge for the policyholder; and (iii) the unavailability of contractors or other individuals to perform any required inspection and maintenance. . 404. Appeal of decisions relating to flood insurance coverage (a) Enhanced policyholder appeals process (1) In general Part C of chapter II of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4081 et seq. 1349. Appeal of decisions relating to flood insurance coverage (a) Definition In this section, the term Office (b) Independent Office for Policyholder Appeals Not later than 180 days after the date of enactment of this section, the Administrator shall establish an Independent Office for Policyholder Appeals to provide for a non-adversarial and fair administrative review of appeals submitted under subsection (c)(1). (c) Appeals process (1) Right to appeal A policyholder of a flood insurance policy issued under the national flood insurance program may appeal the denial of a claim arising under the policy in writing to the Office not later than 1 year after receipt of the denial. (2) Exhaustion of administrative appeals required before filing civil action A policyholder of a flood insurance policy issued under the national flood insurance program may not institute an action on a denied claim arising under the policy against the Administrator in a United States district court under section 1333 or 1341, as applicable, unless the policyholder has exhausted the appeals process under this section. (d) Duties and responsibilities In administering appeals submitted under subsection (c)(1), the Office shall— (1) issue final appeal decisions through an appeal process established by the Office; (2) disseminate information to appellants concerning the information that an appellant may include in the appeal submissions; (3) provide an appellant with an opportunity to discuss any issue on appeal with a claims expert in the Office; (4) provide aggregated appeals data to the Office of the Flood Insurance Advocate for use in fulfilling the duties and responsibilities of that office under section 24(b) of the Homeowner Flood Insurance Affordability Act of 2014 ( 42 U.S.C. 4033(b) (5) publish final appeal decisions to a public-facing website— (A) to inform the public; and (B) for awareness to support transparency and training for Write Your Own Companies and contractors of the Federal Emergency Management Agency. (e) Regulations (1) In general For purposes of implementing the appeals process under this section, the Administrator may promulgate new regulations or use regulations that were in effect on the date of enactment of this section, except that— (A) the Administrator may not declare any appeal ineligible if the policyholder submits the appeal to the Office not later than 1 year after the date on which the policyholder receives the denial of the applicable claim, as required under subsection (c)(1); (B) upon receiving all information necessary to complete an appeal, the Office shall notify the appellant that the Office will make a final decision not later than 90 days after receipt of that information; and (C) not later than 90 days after receipt of all information necessary to complete an appeal, the Office shall make a final decision on the appeal. (2) Enforcement of final decision deadline If the Office does not comply with the deadline under paragraph (1)(C) with respect to an appeal, and the policyholder that brought the appeal is ultimately successful, the Administrator shall pay to the policyholder interest on the claim that is the subject of the appeal, which shall— (A) begin accruing on the date on which the policyholder submits the appeal; and (B) be calculated using the rate of return on a 3-year Treasury bill, as in effect on the date described in subparagraph (A). (3) All information necessary For purposes of paragraph (1), the term all information necessary (4) Liability protection No cause of action shall lie or be maintained in any court against the United States, and any such action shall be promptly dismissed, for violation of the notification requirement under paragraph (1)(B). . (2) Effective date for new appeals process Subsection (c) of section 1349 of the National Flood Insurance Act of 1968, as added by paragraph (1), shall take effect on the date that is 180 days after the date of enactment of this Act. (b) Repeal and transfer (1) In general Effective on the date that is 180 days after the date of enactment of this Act, section 205 of the Bunning-Bereuter-Blumenauer Flood Insurance Reform Act of 2004 ( 42 U.S.C. 4011 Public Law 108–264 (2) Technical and conforming amendments (A) Table of contents The table of contents for the Bunning-Bereuter-Blumenauer Flood Insurance Reform Act of 2004 ( Public Law 108–264 (B) Other amendment Section 204(a)(3) of the Bunning-Bereuter-Blumenauer Flood Insurance Reform Act of 2004 ( 42 U.S.C. 4011 Public Law 108–264 section 205 section 1349 of the National Flood Insurance Act of 1968 (c) Judicial review reform (1) Government Program With Industry Assistance Section 1341 of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4072 (A) by striking In the event the program (a) In general If the program ; (B) in subsection (a), as so designated— (i) by inserting or the Administrator’s fiscal agent upon the disallowance by the Administrator (ii) by striking within one year after the date of mailing of notice of disallowance or partial disallowance by the Administrator, may institute an action against the Administrator on such claim not later than 1 year after exhausting available administrative remedies, may institute an action against the insurer on such claim (C) by adding at the end the following: (b) Exhaustion of administrative remedies (1) In general For the purposes of subsection (a), a claimant exhausts available administrative remedies if— (A) the claimant submits an appeal and complies with all requirements of the appeal process established under section 1349 and other applicable requirements; and (B) the Administrator— (i) issues a final decision on the appeal that partially or fully concurs with the insurer’s disallowance or partial disallowance of the claim; or (ii) makes no finding regarding the appeal by the date that is 90 days after the date on which the Administrator acknowledges receipt and acceptance of the appeal. (c) Limitations (1) Issues raised on appeal An action may not be instituted under this section for any issue of a claim that was not presented to the Administrator on appeal. (2) Weight of Administrator's disposition For purposes of this section, disposition of an appeal by the Administrator shall not be competent evidence of liability or the amount of damages. . (2) Industry program with Federal financial assistance Section 1333 of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4053 (A) by striking The insurance companies and other insurers (a) In general The insurance companies and other insurers ; (B) in subsection (a), as so designated, by striking within one year after the date of mailing of notice of disallowance or partial disallowance of the claim, may institute an action on such claim against such company or other insurer not later than 1 year after exhausting available administrative remedies, may institute an action on the claim against the company or other insurer (C) by adding at the end the following: (b) Exhaustion of administrative remedies For the purposes of subsection (a), a claimant exhausts available administrative remedies if— (1) the claimant submits an appeal and complies with all requirements of the appeal process established under section 1349 and other applicable requirements; and (2) the Administrator— (A) issues a final decision on the appeal that partially or fully concurs with the insurer’s disallowance or partial disallowance of the claim; or (B) makes no finding regarding the appeal by the date that is 90 days after the date on which the Administrator acknowledges receipt and acceptance of the appeal. (c) Limitations (1) Issues raised on appeal An action may not be instituted under this section for any issue of a claim that was not presented to the Administrator on appeal. (2) Weight of Administrator's disposition For purposes of this section, disposition of an appeal by the Administrator shall not be competent evidence of liability or the amount of damages. . 405. Accountability for underpayments and overpayments by Write Your Own companies Section 1348 of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4084 (c) Underpayments and overpayments (1) Accountability for underpayments If the Administrator determines through any audit that the pool or an insurance company or other private organization described in subsection (a) has not adjusted a claim in accordance with adjusting standards that are in effect as of the date on which the adjustment is performed and, as a result of that failure, has underpaid or overpaid a claim of a policyholder, the penalty imposed by the Administrator with respect to such a failure may not be less for an overpayment of a claim than for an underpayment of a claim. (2) Safe harbor for certain overpayments The Administrator may not impose a penalty on the pool or an insurance company or other private organization described in subsection (a) for overpayment of a claim of a policyholder for reasons described in paragraph (1) of this subsection if— (A) the overpayment was not in bad faith; and (B) the amount of the overpayment was not more than 4 percent of the coverage limit of the policy. (d) GAO report Not later than 2 years after the date of enactment of this subsection, and triennially thereafter, the Comptroller General of the United States shall submit to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives a report regarding any penalties imposed by the Administrator under subsection (c)(1). . 406. Policyholders’ right to know (a) Use Section 1312 of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4019 (g) Use of technical assistance reports When adjusting claims for any damage to or loss of property that is covered by flood insurance made available under this title, the Administrator may rely upon technical assistance reports, as defined in section 1312A(a), only if the reports are final and are prepared in compliance with applicable State and Federal laws regarding professional licensure and conduct. . (b) Disclosure Chapter I of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4011 et seq. 42 U.S.C. 4019 1312A. Disclosure of claims documents and technical assistance reports (a) Definitions In this section— (1) the term policyholder (2) the term technical assistance report (b) Provision of copies (1) In general Notwithstanding section 552a of title 5, United States Code, not later than 1 week after the date on which the Administrator receives a written request, or a request submitted online, from a policyholder, and with respect to a claim for loss submitted by the policyholder for any damage to or loss of property that is covered by the policy, the Administrator shall provide a true, complete, and unredacted copy of— (A) all documents that constitute the claim file of the insurance company with respect to the claim, in accordance with the memorandum issued by the Administrator on June 1, 2018, entitled Guidance for the Release of Claim File Information to Policyholders (B) any document created by any adjuster in scoping the loss, including measurements, photographs, and notes; (C) any estimates of damages with respect to the claim; (D) any draft and final technical assistance report relating to adjusting and paying or denying the claim; (E) any proof of loss, supplemental proofs of loss, or any equivalent notices, together with supporting documentation, with respect to the claim; and (F) any document relating to the denial or partial denial of the claim. (2) Rule of construction Nothing in paragraph (1) may be construed to limit the right of a policyholder to receive a disclosure under section 552a of title 5, United States Code, or any other provision of law. (c) Direct disclosure by Write Your Own companies and direct servicing agents (1) In general A Write Your Own Company or direct servicing agent in possession of any technical assistance report that is subject to disclosure under subsection (b) may disclose such technical assistance report without further review or approval by the Administrator. (2) Affirmative notification A Write Your Own Company, or any other entity servicing a claim under the national flood insurance program, shall, not later than 30 days after the date on which the company or entity receives notice of a claim, notify the claimant that the claimant or an authorized representative of the claimant may obtain, upon request, a copy of any claim-related document described in subsection (b)(1) that pertains to the claimant. . (c) Transmission of report without approval (1) Definition In this subsection, the term final engineering report 42 U.S.C. 4001 et seq. (A) is based on an on-site inspection; (B) contains final conclusions with respect to an engineering issue or issues involved in the claim; and (C) is signed by the responsible in charge or affixed with the seal of the responsible in charge, or both. (2) Transmission A Write Your Own Company or a National Flood Insurance Program direct servicer may, without obtaining further review or approval by the Administrator, transmit to a policyholder a final engineering report in the possession of the Write Your Own Company or the direct servicer in connection with a claim submitted by the policyholder. 407. Termination of certain contracts under the National Flood Insurance Program (a) In general Part C of chapter II of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4081 et seq. 1350. Termination of contracts (a) Definitions In this section— (1) the term covered entity (2) the term Write Your Own company (b) Termination (1) In general Notwithstanding any other provision of law, the Administrator may terminate a contract or other agreement between a covered entity and a Write Your Own company if the Administrator— (A) determines that the covered entity has engaged in conduct that is detrimental to the flood insurance program authorized under chapter I; and (B) not later than 14 days before terminating the contract or other agreement, provides notice to the covered entity of the termination. (2) Appeal The Administrator shall establish a process for a covered entity to appeal a termination of a contract or other agreement under paragraph (1). (3) Early termination payouts The Administrator or a Write Your Own company is not required to make any early termination payout to a covered entity with respect to a contract or agreement with the Write Your Own company that the Administrator terminates under paragraph (1). . (b) Effective date; applicability The amendment made by subsection (a) shall— (1) take effect on the date of enactment of this Act; and (2) apply to any contract or other agreement between a covered entity and a Write Your Own company (as those terms are defined in section 1349(a) of the National Flood Insurance Act of 1968, as added by subsection (a)) entered into on or after the date of enactment of this Act. 408. Deadline for claim processing (a) In general Section 1312 of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4019 (h) Deadline for approval of claims (1) In general The Administrator shall provide that, in the case of a claim for damage to or loss of property that is covered by a policy for flood insurance made available under this title— (A) except as provided in paragraph (2), not later than 60 days after the date on which a proof of loss or comparable submission is provided to the Administrator— (i) an initial determination regarding approval of the claim for payment or disapproval of the claim shall be made; and (ii) notification of the determination described in clause (i) shall be provided to the policyholder making the claim; and (B) payment of an approved claim shall be made as soon as possible after that approval. (2) Extension of deadline The Administrator shall— (A) provide that the period described in paragraph (1)(A) may be extended by an additional period of 30 days under extraordinary circumstances; and (B) by regulation— (i) establish criteria for— (I) demonstrating the extraordinary circumstances described in subparagraph (A); and (II) determining to which claims the extraordinary circumstances described in subparagraph (A) apply; and (ii) provide that, if the deadline imposed under paragraph (1)(A), as extended under subparagraph (A), if applicable, is not satisfied the amount of the claim to which the deadline relates shall be increased with interest, which shall begin accruing on the date on which the initial claim is filed. (3) Deadline tolled during certain communication with policyholder The deadline under paragraph (1) shall be tolled during any period during which the Administrator or a Write Your Own Company is trying to obtain more information from a policyholder regarding a claim made by the policyholder, or is otherwise working with a policyholder to develop such a claim. . (b) Applicability The amendment made by subsection (a) shall apply to any claim for damage to or loss of property that is covered by a policy for flood insurance made available under the National Flood Insurance Program that is made after the date of enactment of this Act. 409. No manipulation of engineer reports Section 1312 of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4019 (i) Final engineering reports (1) Definitions In this subsection— (A) the term covered claim (B) the term final engineering report (i) is based on an on-site inspection; (ii) contains final conclusions with respect to an engineering issue or issues involved in the claim; and (iii) is signed by the responsible in charge or affixed with the seal of the responsible in charge, or both. (2) Prohibition on manipulation and transmission to third parties The Administrator shall require that, in the case of any on-site inspection of a property by an engineer for the purpose of assessing any covered claim, the final engineering report— (A) may not— (i) include alterations by, or at the request of, anyone other than the person responsible for the report; or (ii) be transmitted to any other person before the final engineering report is transmitted to the policyholder who submitted the covered claim; and (B) shall include a certification, signed by the person responsible for the final engineering report, that the final engineering report does not contain any alterations described in subparagraph (A). . 410. Improved training of floodplain managers, agents, and adjusters (a) Local floodplain managers Each regional office of the Federal Emergency Management Agency shall— (1) provide training to local floodplain managers, agents, and claim adjusters in the region regarding the responsibilities and procedures of local floodplain managers with respect to conducting substantial damage and substantial improvement determinations; (2) work with applicable State agencies to provide the training described in paragraph (1); and (3) verify that the individuals described in paragraph (1) are completing the training described in that paragraph. (b) Major disaster training After a flood that is declared a major disaster by the President under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170 (1) refresher training to prepare insurance claims adjusters for the unique circumstances of the major disaster; and (2) any briefings that are necessary to prepare and inform floodplain managers, agents, and claim adjusters regarding any atypical circumstances and issues arising from the natural disaster. 411. Flood insurance continuing education and training (a) In general The Bunning-Bereuter-Blumenauer Flood Insurance Reform Act of 2004 ( Public Law 108–264 (1) in section 201 ( 42 U.S.C. 4011 (A) in paragraph (1), by striking Director of the Administrator of the (B) in paragraph (2), by inserting 4001 U.S.C. (2) by striking section 207 ( 42 U.S.C. 4011 207. Continuing education requirements for insurance agents (a) In general The Director shall require each insurance agent who sells flood insurance policies under the Program to, once every 2 years, complete a 3-hour continuing education course that— (1) subject to subsection (c), is approved by the insurance commissioner of the State in which the agent is a legal resident; and (2) focuses on issues with respect to the Program. (b) Failure To complete course If an insurance agent who sells flood insurance policies does not complete a continuing education course required under subsection (a), the agent, until the date on which the agent completes the course in accordance with the requirements of this section, may not— (1) sell flood insurance policies; or (2) perform any duties with respect to the Program. (c) Agents licensed in multiple States (1) In general If an insurance agent who sells flood insurance policies is licensed to sell insurance in more than 1 State— (A) the agent shall submit proof of completion of a continuing education course required under subsection (a) to the insurance commissioner of each State in which the agent is licensed; and (B) each insurance commissioner to whom an insurance agent submits a proof of completion under subparagraph (A) may determine whether the course to which that proof of completion relates meets the minimum standards established by that insurance commissioner. (2) Effect of denial If an insurance commissioner of a State (referred to in this paragraph as the rejecting commissioner (d) Rule of construction Any reference in this section to an insurance commissioner of a State shall be construed as a reference to an equivalent official with respect to any State in which there is no official who has the title of insurance commissioner. . (b) Technical and conforming amendment The table of contents for the Bunning-Bereuter-Blumenauer Flood Insurance Reform Act of 2004 ( Public Law 108–264 Sec. 207. Continuing education requirements for insurance agents. . 412. Shifting of attorney fees and other expenses Section 1341 of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4072 (d) Attorney fees and other expenses A Write Your Own Company against which an action is instituted under this subsection shall be considered an agency of the United States for the purposes of section 2412(d) of title 28, United States Code. . 413. DOJ defense against policyholder lawsuits Subsection (b) of section 1341 of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4072 (2) Representation by Department of Justice If a claimant institutes an action under this section— (A) the Administrator shall refer the matter to the Attorney General; and (B) the Attorney General— (i) shall represent the Administrator or the Write Your Own company, as applicable, in the action; and (ii) may not seek to have the court dismiss an action with potentially meritorious claims based on good faith errors or omissions by the claimant in the claimant's proof of loss. . 414. Reforming use of proof of loss forms (a) In general Section 1312 of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4019 (j) No condition of payment of undisputed claim on proof of loss (1) In general Notwithstanding any other provision of law, or any term or condition of a standard flood insurance policy, the Administrator— (A) may not condition payment of an undisputed claim based on the submission of a proof of loss; and (B) may instead accept a report submitted by the insurance adjuster the Administrator hires to investigate the claim, if the report is signed by the policyholder, unless the Administrator determines that conditions make signature impracticable. (2) Refusal to accept amount paid Upon the refusal of a policyholder to accept the amount paid under paragraph (1), the Administrator may require the policyholder to submit a proof of loss within a timeframe determined by the Administrator. . (b) Guidance to defense attorneys The Administrator shall issue guidance for best practices for attorneys defending actions instituted under section 1333 or 1341, as applicable, of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4053 415. Agent Advisory Council Part C of chapter II of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4081 et seq. 1351. Agent Advisory Council (a) Establishment There is established a council to be known as the Agent Advisory Council (in this section referred to as the Council (b) Membership (1) Members The Council shall consist of— (A) the Administrator, or the designee of the Administrator; and (B) 11 additional members appointed by the Administrator or the designee of the Administrator, of whom— (i) 1 shall be a member of the National Association of Insurance Commissioners; (ii) 2 shall be members of the Independent Insurance Agents and Brokers of America; (iii) 1 shall be a member of United Policyholders; (iv) 1 shall be a representative of the Emergency Management Institute of the Federal Emergency Management Agency; (v) 1 shall be a representative of the Office of the Flood Insurance Advocate of the Federal Emergency Management Agency; (vi) 2 shall be members of the National Association of Professional Insurance Agents; (vii) 1 shall be a representative of a recognized professional association or organization representing homebuilders or land developers; (viii) 1 shall be a representative of a recognized professional association or organization representing the real estate industry; and (ix) 1 of whom shall be a representative of a recognized consumer protection group. (2) Qualifications (A) In general Each member of the Council shall have experience with— (i) contacting policyholders under the national flood insurance program, including with respect to applying for flood insurance and processing a claim for damage to or loss of property that is covered by flood insurance; and (ii) riverine and coastal flood insurance policies. (B) Considerations The Administrator shall, to the maximum extent practicable, ensure that the membership of the Council has a balance of governmental and private members, and includes geographic diversity. (C) Conflicts of interest A member of the Council— (i) may not, while serving on the Council, be employed or retained— (I) by a Federal Emergency Management Agency contractor or consultant; or (II) by a nongovernmental entity that was awarded a Federal grant during the 5-year period preceding the date on which the member was appointed to the Council; and (ii) may not have been employed by a Federal Emergency Management Agency contractor or consultant during the 5-year period preceding the date on which the member was appointed to the Council. (3) Consultation In appointing a member of the Council from an entity described in clauses (i) through (ix) of paragraph (1)(B), the Administrator or the designee of the Administrator, as applicable, shall consult with the entity. (4) Chairperson The members of the Council shall elect 1 member to serve as the chairperson of the Council (in this section referred to as the Chairperson (c) Duties The Council shall— (1) provide recommendations to the Administrator on— (A) improving the customer experience for policyholders under the national flood insurance program; (B) training insurance agents that issue flood insurance policies; and (C) improving the processing and handling of claims for damage to or loss of property that is covered by flood insurance; and (2) submit to the Administrator an annual report that includes— (A) a description of the activities of the Council; and (B) a summary of recommendations made by the Council to the Administrator. (d) Compensation (1) In general Except as provided in paragraph (2), a member of the Council shall receive no additional compensation for serving on the Council. (2) Travel expenses Each member of the Council may be allowed travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code, while away from their homes or regular places of business in performance of services for the Council. (e) Meetings and actions (1) Meetings (A) In general The Council shall meet not less frequently than twice each year at the request of the Chairperson or a majority of the members of the Council. (B) Initial meeting The Administrator, or a designee of the Administrator, shall request and coordinate the initial meeting of the Council. (2) Action by majority vote The Council may take action by a vote of the majority of the members. (f) Officers The Chairperson may appoint officers to assist in carrying out the duties of the Council under subsection (c). (g) Staff Upon the request of the Chairperson, the Administrator may detail, on a nonreimbursable basis, personnel of the Office of the Flood Insurance Advocate of the Federal Emergency Management Agency to assist the Council in carrying out the duties of the Council. (h) Powers In carrying out this section, the Council may hold hearings, receive evidence and assistance, provide information, and conduct research as the Council considers appropriate. (i) Report to Congress and OMB The Administrator shall submit to the Committee on Banking, Housing, and Urban Affairs of the Senate, the Committee on Financial Services of the House of Representatives, and the Director of the Office of Management and Budget an annual report on— (1) the recommendations made by the Council; and (2) any recommendations made by the Council during the year covered by the report that, as of the date on which the report is submitted, have been deferred or not acted upon, together with an explanatory statement with respect to those recommendations. (j) Applicability of the Federal Advisory Committee Act Section 1013 of title 5, United States Code, shall not apply to the Council. . 416. Disclosure of flood risk information prior to transfer of property (a) In general Chapter I of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4011 et seq. 1327. Disclosure of flood risk information prior to transfer of property (a) In general After September 30, 2024, no new flood insurance coverage may be provided under this title for any real property unless an appropriate public body has imposed, by statute or regulation, a duty on any seller or lessor of improved real estate to provide to any purchaser or lessee (with respect to a lease for a term that is not shorter than 30 days) of the property a property flood hazard disclosure that the Administrator has determined meets the requirements of subsection (b). (b) Disclosure requirements (1) Requirements for sellers A property flood hazard disclosure for the sale of a property shall meet the requirements of this subsection only if the disclosure— (A) is made in writing; (B) discloses any actual knowledge of the seller of— (i) any prior physical damage caused by flood to a structure located on the property; (ii) any prior insurance claim for a loss covered under the national flood insurance program or private flood insurance with respect to the property; (iii) any previous notification regarding the designation of the property as a repetitive loss structure or severe repetitive loss structure (as defined in section 1366(h)); (iv) any Federal legal obligation to obtain and maintain flood insurance running with the property; (v) whether the property is located in a wetland; (vi) whether a National Flood Insurance Program Elevation Certificate has been completed for the property; and (vii) whether the property has received disaster assistance from the Federal Emergency Management Agency, the Small Business Administration, or the Department of Housing and Urban Development; (C) discloses to the maximum extent feasible, in a manner to be determined by the Administrator— (i) the relative flood risk associated with the property as indicated in flood hazard data maintained by the Administrator under this title; and (ii) the availability of and approximate cost of flood insurance for the property; and (D) is delivered by, or on behalf of, the seller to the purchaser before the purchaser becomes obligated under any contract to purchase the property. (2) Requirements for lessors A property flood hazard disclosure for a rental property with a lease for a term that is not shorter than 30 days shall meet the requirements of this subsection only if the disclosure— (A) is made in writing; (B) discloses any actual knowledge of the lessor— (i) of any Federal legal obligation to obtain and maintain flood insurance running with the property; (ii) regarding any prior physical damage caused by flood with respect to the unit being leased; and (iii) of the availability of coverage under this title for contents located in a structure on the property; and (C) is delivered by, or on behalf of, the lessor to the lessee before the lessee becomes obligated under any contract to lease the property. (3) Rule of construction Nothing in this section may be construed as preventing a State from adopting disclosure requirements in addition to the requirements of this section. . (b) Availability of flood insurance coverage Section 1305(c) of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4012(c) (1) in paragraph (1), by striking , and (2) in paragraph (2), by striking the period at the end and inserting ; and (3) by adding at the end the following: (3) given satisfactory assurance that, not later than October 1, 2024, property flood hazard disclosure requirements will have been adopted for the area (or subdivision) that meet the requirements of section 1327. . 417. Grace period for renewal of coverage at renewal offer rate Section 1308 of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4015 (n) Grace period for renewal of coverage at renewal offer rate Notwithstanding section 1307(g)(1), if a policyholder renews a policy for flood insurance under this title not later than 90 days after the date on which the policy lapsed in coverage, the Administrator shall charge the same rate for the policy that the Administrator would have charged if the policyholder had renewed the policy before the lapse in coverage. .

National Flood Insurance Program Reauthorization and Reform Act of 2023

National Council on African American History and Culture Act of 2023 This bill establishes within the National Endowment for the Humanities (NEH) a National Council on African American History and Culture. The council shall prepare an annual report to be submitted to NEH on the work of NEH to preserve and celebrate African-American history and culture; gather timely and authoritative information concerning historical developments and cultural trends in African-American history and culture and take other specified steps; evaluate the various programs and activities of NEH to determine the extent to which such programs and activities are contributing to the successful preservation and celebration of African-American history and culture and make recommendations to the President; develop and recommend national policies to foster and promote the understanding and preservation of African-American culture and the celebration of African Americans as contributors to the country's success; and make and furnish such studies, reports thereon, and recommendations with respect to matters of cultural preservation and African-American history. The bill terminates the council 10 years after its enactment.

118 S215 IS: National Council on African American History and Culture Act of 2023 U.S. Senate 2023-02-01 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 215 IN THE SENATE OF THE UNITED STATES February 1, 2023 Mr. Cardin Committee on Health, Education, Labor, and Pensions A BILL To establish a National Council on African American History and Culture within the National Endowment for the Humanities, and for other purposes. 1. Short title This Act may be cited as the National Council on African American History and Culture Act of 2023 2. Council on African American history and culture (a) Establishment There is established in the National Endowment for the Humanities a National Council on African American History and Culture (referred to in this section as the Council (b) Membership (1) Number and appointment The Council shall be composed of 12 members appointed by the President, by and with the advice and consent of the Senate. (2) Qualifications The members of the Council shall be individuals who— (A) are selected from among private citizens of the United States who are recognized for their broad knowledge of, expertise in, or commitment to the preservation and celebration of African-American history and culture; (B) are not currently employees of the Federal Government; and (C) have established records of distinguished service, scholarship, or creativity. (3) Considerations In appointing members to the Council under paragraph (1), the President— (A) shall give due regard to equitable representation of women, people of color, and individuals with disabilities who are involved in the humanities; and (B) shall select such members in a manner that ensures a comprehensive representation of the views of scholars and professional practitioners in the humanities and of the public throughout the United States. (4) Chairperson; vice chairperson The Chairperson and Vice Chairperson of the Council shall be designated by the President from among the members of the Council. The Vice Chairperson shall act as Chairperson in the absence of the Chairperson. (5) Term of office; vacancies; reappointment (A) In general Each member shall be appointed for a term of 5 years, except as provided in subparagraphs (B) and (C). (B) Terms of initial appointees As designated by the President at the time of the appointment, of the members first appointed to the Council under paragraph (1)— (i) 6 shall be appointed for terms of 3 years; and (ii) 6 shall be appointed for terms of 5 years. (C) Vacancies Any member appointed to fill a vacancy occurring before the expiration of the term for which the member’s predecessor was appointed shall be appointed only for the remainder of that term. A member may serve after the expiration of that member’s term until a successor has taken office. (D) Reappointment No member shall be eligible for reappointment during the 2-year period following the expiration of such member’s term. (6) Basic pay (A) Rates of pay Members shall receive compensation at a rate of 50 percent of the daily rate of the highest rate of basic pay payable for the senior-level positions classified above GS–15 pursuant to section 5108 of title 5, United States Code, for each day (including travel time) during which they are engaged in the actual performance of duties vested in the Council. (B) Travel expenses Each member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter 1 of chapter 57 (7) Quorum Nine members of the Council shall constitute a quorum. The Council cannot hold hearings without a full quorum. (8) Meetings The Council shall meet at the call of the Chairperson but not less frequently than twice during each calendar year. (c) Duties The duties of the Council shall be— (1) to prepare an annual report to be submitted to the Chairperson of the National Endowment for the Humanities on the work of the National Endowment to preserve and celebrate African-American history and culture; (2) to gather timely and authoritative information concerning historical developments and cultural trends in African-American history and culture, as well as to monitor the work of museums and organizations dedicated to the preservation of African-American history and culture, and to analyze and interpret such information for the purpose of determining whether national policy is necessary to further support those efforts; (3) to evaluate the various programs and activities of the National Endowment for the Humanities for the purpose of determining the extent to which such programs and activities are contributing, and the extent to which they are not contributing, to the successful preservation and celebration of African-American history and culture, and to make recommendations to the President with respect to such programs and activities; (4) to develop and recommend to the Chairperson national policies to foster and promote the understanding of African-American history, the preservation of African-American culture, and the celebration of African Americans as contributors to the country’s economic, cultural, and political success; and (5) to make and furnish such studies, reports thereon, and recommendations with respect to matters of cultural preservation and African-American history as the Chairperson may request. (d) Applicability of FACA Section 14 of the Federal Advisory Committee Act (5 U.S.C. App.; relating to termination of advisory committees) shall not apply to the Council. (e) Termination The Council shall terminate 10 years after the date of the enactment of this Act.

National Council on African American History and Culture Act of 2023

Utah Wildfire Research Institute Act of 2023 This bill requires the establishment of a Southwest Ecological Restoration Institute in Utah. Such institutes currently exist in Arizona, New Mexico, and Colorado and promote the use of adaptive ecosystem management to reduce the risk of wildfires and restore the health of forest and woodland ecosystems.

118 S2151 IS: Utah Wildfire Research Institute Act of 2023 U.S. Senate 2023-06-22 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 2151 IN THE SENATE OF THE UNITED STATES June 22, 2023 Mr. Lee Committee on Energy and Natural Resources A BILL To amend the Southwest Forest Health and Wildfire Prevention Act of 2004 to require the establishment of an additional Institute under that Act. 1. Short title This Act may be cited as the Utah Wildfire Research Institute Act of 2023 2. Additional Institute (a) In general Section 5(b)(2) of the Southwest Forest Health and Wildfire Prevention Act of 2004 ( 16 U.S.C. 6704(b)(2) (1) in subparagraph (B), by striking and (2) in subparagraph (C), by striking the period at the end and inserting ; and (3) by adding at the end the following: (D) the State of Utah. . (b) Conforming amendment Section 5(e)(1) of the Southwest Forest Health and Wildfire Prevention Act of 2004 ( 16 U.S.C. 6704(e)(1) and Colorado Colorado, and Utah

Utah Wildfire Research Institute Act of 2023

Student Mental Health Rights Act This bill addresses mental health and substance use at institutions of higher education (IHEs). Specifically, the bill requires the Department of Education (ED) to solicit information from students and conduct a study on mental health disabilities and substance use disorders at IHEs. In addition, ED must issue guidance on IHEs' (1) compliance with federal law on mental health, (2) legal obligations to students with mental health disabilities and students with substance use disorders, and (3) policies that may have a discriminatory impact on such students.

118 S2163 IS: Student Mental Health Rights Act U.S. Senate 2023-06-22 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 2163 IN THE SENATE OF THE UNITED STATES June 22, 2023 Mr. Markey Committee on Health, Education, Labor, and Pensions A BILL To direct the Secretary of Education to study student mental health at institutions of higher education and to issue guidance on compliance with the Americans with Disabilities Act of 1990 for mental health and substance use disorder policies of institutions of higher education, and for other purposes. 1. Short title This Act may be cited as the Student Mental Health Rights Act 2. Findings Congress finds the following: (1) Nearly all institutions of higher education are subject to— (A) the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. (B) section 504 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794 (C) the Fair Housing Act ( 42 U.S.C. 3601 et seq. (2) The laws described in paragraph (1) prohibit discrimination on the basis of disability, defined as with respect to an individual, a physical or mental impairment that substantially limits one or more major life activities of such individual, a record of such an impairment, or being regarded as having such an impairment 42 U.S.C. 12102(1) (3) Under section 2(a)(3) of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101(a)(3) discrimination against individuals with disabilities persists in such critical areas as employment, housing, public accommodations, education, transportation, communication, recreation, institutionalization, health services, voting, and access to public services (4) The laws described in paragraph (1) prohibit institutions of higher education from discriminating against students with disabilities, including by failing to provide reasonable accommodations or reasonable modifications to such students so that such students are able to fully participate in postsecondary life. (5) The laws described in paragraph (1) prohibit institutions of higher education from discriminating against students with mental health disabilities, including by failing to provide reasonable accommodations or reasonable modifications to such a student. (6) The vast majority of institutions of higher education lack a comprehensive plan for addressing and preventing discrimination against students with mental health disabilities or who are experiencing crises, in many cases— (A) requiring such students to leave the institution of higher education; (B) evicting such students from on-campus housing; and (C) establishing excessive and unnecessary impediments to the re-enrollment of such students to the institution of higher education. 3. Study and report (a) Voluntary reporting Not later than 120 days after the date of the enactment of this Act, the Secretary shall solicit from students at institutions of higher education, on a voluntary basis and in a manner that protects the confidentiality of such students, information with respect to mental health disabilities and substance use disorders at such institutions of higher education. (b) Study and report Not later than 1 year after the date of the enactment of this Act, the Secretary shall— (1) complete a study on mental health disabilities and substance use disorders at institutions of higher education, including— (A) using the information voluntarily reported by students under subsection (a), the prevalence of such disabilities and disorders, disaggregated by type of disability or disorder (including disabilities and disorders related to hearing, vision, cognition, ambulatory, self-care, independent living, mental health, and any other category determined appropriate by the Secretary), among students at institutions of higher education and policies to support students with respect to such disabilities and disorders; (B) the policies of institutions of higher education with respect to students who, due to such a condition, are considering a voluntary leave of absence or are required to take a mandatory or involuntary leave of absence, or return from such an absence, and compliance by institutions of higher education with such policies; and (C) best practices for supporting students at institutions of higher education in managing such disabilities and disorders, including the effect such practices have on graduation rates and degree completion; and (2) submit to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a report on the findings of the study completed under paragraph (1). 4. Guidance Not later than 180 days after the date on which the report is submitted under section 3(b), the Secretary shall, in consultation with the Assistant Attorney General of the Civil Rights Division of the Department of Justice, issue guidance on— (1) the compliance of institutions of higher education with the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. 29 U.S.C. 794 (2) the legal obligations of institutions of higher education with respect to accommodating students with mental health disabilities and students with substance use disorders; and (3) policies of institutions of higher education which may have a discriminatory impact on students with mental health disabilities and students with substance use disorders. 5. Definitions In this Act: (1) Institution of Higher Education The term institution of higher education 20 U.S.C. 1001(a) (2) Secretary The term Secretary

Student Mental Health Rights Act

Nicaragua Political Prisoner Support Act This bill provides various immigration-related benefits to certain Nicaraguan nationals who are in the United States as part of a political prisoner release. Specifically, such individuals shall be eligible to receive (1) certain benefits that are available to admitted refugees, such as resettlement assistance; (2) certain assistance available to refugee children; and (3) a driver's license or identification card. An eligible individual is a non-U.S. national (alien under federal law) who (1) is a citizen or national of Nicaragua (or an individual with no nationality who had resided in Nicaragua), (2) arrived in the United States on February 9, 2023, as part of a political prisoner release, (3) received a two-year humanitarian parole from the U.S. government, and (4) has completed the relevant security and law enforcement background checks. The parent, spouse, or child of such an eligible individual shall also be eligible for benefits under this bill.

109 S2165 IS: Nicaragua Political Prisoner Support Act U.S. Senate 2023-06-22 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 2165 IN THE SENATE OF THE UNITED STATES June 22, 2023 Mr. Cassidy Mr. Kaine Committee on the Judiciary A BILL To provide Nicaraguan political prisoners who arrived in the United States on February 9, 2023, and their immediate family members with certain benefits available to refugees. 1. Short title This Act may be cited as the Nicaragua Political Prisoner Support Act 2. Defined term In this section, the term eligible Nicaraguan national (1) (A) (i) who is a citizen or national of Nicaragua; or (ii) in the case of an alien having no nationality, whose former or last habitual residence was in Nicaragua; and (B) who arrived in the United States on February 9, 2023, as part of a political prisoner release, and was granted a 2-year humanitarian parole by the United States Government; or (2) who is the parent, spouse, or child of an individual described in paragraph (1). 3. Eligibility requirements Notwithstanding any other provision of law, an eligible Nicaraguan national is eligible for the benefits described in section 4 if— (1) such individual has completed security and law enforcement background checks to the satisfaction of the Secretary of Homeland Security; and (2) such individual’s parole— (A) has not been terminated by the Secretary of Homeland Security; or (B) was terminated while a renewal application was pending for such parole and the sole reason for such termination was that the renewal application had not yet been processed. 4. Benefits An individual described in section 3 is eligible for— (1) resettlement assistance, entitlement programs, and other benefits that are available to refugees admitted under section 207 of the Immigration and Nationality Act ( 8 U.S.C. 1157 (2) child welfare services described in section 412(d)(2) of such Act ( 8 U.S.C. 1522(d)(2) (3) a driver’s license or identification card under section 202 of the REAL ID Act of 2005 (division B of Public Law 109–13 49 U.S.C. 30301 5. Rules of construction Nothing in this Act may be construed— (1) to preclude an eligible Nicaraguan national from applying for or receiving any immigration benefits to which such individual is otherwise eligible; or (2) to entitle an eligible Nicaraguan national to lawful permanent resident status. 6. Exemption from the Paperwork Reduction Act The requirements under chapter 35 Paperwork Reduction Act

Nicaragua Political Prisoner Support Act

Refund Equality Act of  2023 This bill permits legally married same sex couples to amend their tax returns to file as married filing jointly for returns outside of the statute of limitations.

118 S2171 IS: Refund Equality Act of 2023 U.S. Senate 2023-06-22 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 2171 IN THE SENATE OF THE UNITED STATES June 22, 2023 Ms. Warren Ms. Collins Mr. Schumer Ms. Cantwell Mr. Carper Mr. Blumenthal Ms. Hirono Ms. Smith Ms. Baldwin Mrs. Shaheen Mr. Merkley Mr. Murphy Mr. Markey Mr. Sanders Mr. Booker Mr. Durbin Mr. Van Hollen Mr. Reed Mr. Whitehouse Ms. Cortez Masto Mrs. Feinstein Mr. Menendez Mr. Brown Ms. Duckworth Mrs. Gillibrand Ms. Klobuchar Mrs. Murray Mr. Cardin Mr. Kaine Mr. Warner Mr. Peters Mr. Wyden Mr. Casey Mr. Bennet Mr. Schatz Ms. Rosen Ms. Stabenow Mr. Padilla Mr. Warnock Mr. Coons Mr. King Mr. Hickenlooper Mr. Heinrich Mr. Fetterman Mr. Welch Mr. Kelly Mr. Luján Mr. Ossoff Committee on Finance A BILL To permit legally married same-sex couples to amend their filing status for tax returns outside the statute of limitations. 1. Short title This Act may be cited as the Refund Equality Act of 2023 2. Extension of period of limitation for certain legally married couples (a) In general In the case of an individual first treated as married for purposes of the Internal Revenue Code of 1986 by the application of the holdings of Revenue Ruling 2013–17— (1) if such individual filed a return (other than a joint return) for a taxable year ending before September 16, 2013, for which a joint return could have been made by the individual and the individual's spouse but for the fact that such holdings were not effective at the time of filing, such return shall be treated as a separate return within the meaning of section 6013(b) of such Code and the time prescribed by section 6013(b)(2)(A) for filing a joint return after filing a separate return shall not expire before the date prescribed by law (including extensions) for filing the return of tax for the taxable year that includes the date of the enactment of this Act; and (2) in the case of a joint return filed pursuant to paragraph (1)— (A) the period of limitation prescribed by section 6511(a) of such Code for any such taxable year shall be extended until the date prescribed by law (including extensions) for filing the return of tax for the taxable year that includes the date of the enactment of this Act; and (B) section 6511(b)(2) shall not apply to any claim of credit or refund with respect to such return. (b) Amendments, etc. restricted to change in marital status Subsection (a) shall apply only with respect to amendments to the return of tax, and claims for credit or refund, relating to a change in the marital status for purposes of the Internal Revenue Code of 1986 of the individual.

Refund Equality Act of 2023

Trademark Licensing Protection Act of 2023 This bill establishes that licensing a trademark or trademark registration for use by a related company does not contribute to establishing an employment relationship between the licensor and the licensee, nor does a licensor's exercise of control over how the licensed trademark is used.

118 S2173 IS: Trademark Licensing Protection Act of 2023 U.S. Senate 2023-06-22 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 2173 IN THE SENATE OF THE UNITED STATES June 22, 2023 Mr. King Mr. Lankford Mr. Manchin Mr. Braun Ms. Sinema Mr. Tillis Mr. Cornyn Ms. Collins Committee on the Judiciary A BILL To amend the Trademark Act of 1946 to provide that the licensing of a mark for use by a related company may not be construed as establishing an employment relationship between the owner of the mark, or an authorizing person, and either that related company or the employees of that related company, and for other purposes. 1. Short title This Act may be cited as the Trademark Licensing Protection Act of 2023 2. Safe harbor Section 5 of the Act entitled An Act to provide for the registration and protection of trademarks used in commerce, to carry out the provisions of certain international conventions, and for other purposes Trademark Act of 1946 15 U.S.C. 1055 (1) in the first sentence, by striking Where a (a) In general Where a ; and (2) by adding at the end the following: (b) Consistency in use (1) Definitions In this subsection— (A) the term authorizing person (B) the term communicate (C) the term employment relationship (D) the term exercise control over the mark (i) includes, but is not limited to, requiring a related company to— (I) complete training conducted for the purpose of preserving or enhancing goodwill, a reputation, uniformity, or the expectation of the public with respect to the nature and quality of goods or services associated with a mark; or (II) communicate with the owner of a mark, or an authorizing person, with respect to preserving or enhancing goodwill, a reputation, uniformity, or the expectation of the public with respect to the nature and quality of goods or services associated with a mark; and (ii) does not include any personnel or employment policy or procedure that is communicated— (I) by— (aa) the owner of a mark; or (bb) an authorizing person; and (II) to— (aa) a related company with respect to the mark; or (bb) any employee of a related company described in item (aa); (E) the term franchise (i) in section 436.1(h) of title 16, Code of Federal Regulations, as in effect on the date of enactment of this subsection; or (ii) under an applicable State franchise law; (F) the term franchisee (i) in section 436.1(i) of title 16, Code of Federal Regulations, as in effect on the date of enactment of this subsection; or (ii) under an applicable State franchise law; (G) the term franchisor (i) in section 436.1(k) of title 16, Code of Federal Regulations, as in effect on the date of enactment of this subsection; or (ii) under an applicable State franchise law; and (H) the term personnel or employment policy or procedure (i) any contractually retained right of the owner of a mark, or an authorizing person, to directly control a related company’s hiring, promotion, firing, or discipline of the employees of such related company; (ii) any contractually retained right of the owner of a mark, or an authorizing person, to directly control a related company’s rates of pay, including wages and fringe benefits; (iii) any contractually retained right of the owner of a mark, or an authorizing person, to directly control a related company’s assignment of employee work schedules; (iv) any contractually retained right of the owner of a mark, or an authorizing person, to directly control collective bargaining procedures or labor relations; and (v) any contractually retained right of the owner of a mark, or an authorizing person, to directly supervise the employees of a related company. (2) Applicability For the purposes of the National Labor Relations Act ( 29 U.S.C. 151 et seq. 29 U.S.C. 201 et seq. (A) The licensing of the mark for use by that related company or the employees of that related company. (B) Any exercise of control over the mark by that owner or authorizing person, as applicable— (i) with respect to the use of the mark by that related company or the employees of that related company; and (ii) for the purpose of preserving or enhancing goodwill, a reputation, uniformity, or the expectation of the public with respect to the nature and quality of goods or services associated with the mark. . 3. Applicability This Act, and the amendments made by this Act, shall not apply to any proceeding before the National Labor Relations Board that is commenced before the date of enactment of this Act.

Trademark Licensing Protection Act of 2023

Department of Veterans Affairs Minor Construction Threshold Adjustment Act of 2023 This bill raises the threshold above which a project for the construction, alteration, or acquisition of a medical facility of the Department of Veterans Affairs (VA) is considered a major medical facility project. Under existing law, such projects must be specifically authorized by law. Specifically, the bill sets the threshold to $30 million and requires the VA to develop a mechanism to adjust the threshold to account for relevant factors, such as economic and labor conditions. At least once every two years, the VA must adjust the threshold amount or publish notice indicating that no adjustment is warranted.

118 S2174 IS: Department of Veterans Affairs Minor Construction Threshold Adjustment Act of 2023 U.S. Senate 2023-06-22 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 2174 IN THE SENATE OF THE UNITED STATES June 22, 2023 Mr. Tester Mr. Moran Mr. Reed Mr. Rounds Mr. Hoeven Committee on Veterans' Affairs A BILL To amend title 38, United States Code, to adjust the threshold amount for minor medical facility construction projects of the Department of Veterans Affairs, and for other purposes. 1. Short title This Act may be cited as the Department of Veterans Affairs Minor Construction Threshold Adjustment Act of 2023 2. Adjustment of threshold amount for minor medical facility projects of Department of Veterans Affairs Section 8104(a) of title 38, United States Code, is amended— (1) in paragraph (3)(A), by striking $20,000,000 the amount specified in paragraph (4) (2) by adding at the end the following new paragraph: (4) (A) The amount specified in this paragraph is $30,000,000, as adjusted pursuant to this paragraph. (B) (i) The Secretary shall develop, through regulations, a mechanism to adjust the amount under subparagraph (A) to account for relevant factors relating to construction, cost of land, real estate, economic conditions, labor conditions, inflation, and other relevant factors the Secretary considers necessary to ensure such amount keeps pace with all economic conditions that impact the price of construction projects, to include planning, management, and delivery of the project. (ii) In developing the mechanism under clause (i), the Secretary may— (I) use a mechanism or index already relied upon by the Department for other relevant programs, a mechanism or index used by another Federal agency, or a commercial mechanism or index if such mechanism or index satisfactorily addresses the intent of this subparagraph; or (II) create a new mechanism or index if the Secretary considers it appropriate and necessary to do so. (C) (i) Not less frequently than once every two years, the Secretary shall— (I) adjust the amount under subparagraph (A); or (II) publish a notice in the Federal Register indicating that no adjustment is warranted. (ii) Not later than 30 days before adjusting an amount pursuant to clause (i)(I) or publishing a notice pursuant to clause (i)(II), the Secretary shall notify the Committee on Veterans’ Affairs and the Committee on Appropriations of the Senate and the Committee on Veterans’ Affairs and the Committee on Appropriations of the House of Representatives. (D) The Secretary shall determine a logical schedule for adjustments under this paragraph to take effect so that the amounts for and types of construction projects requested by the Department in the budget of the President under section 1105(a) of title 31 are consistent with the threshold for construction projects as so adjusted. .

Department of Veterans Affairs Minor Construction Threshold Adjustment Act of 2023

Protecting and Securing Chemical Facilities from Terrorist Attacks Act of 2023 This bill extends the authorization of the Chemical Facility Anti-Terrorism Standards Program of the Department of Homeland Security until October 1, 2028.

118 S2178 PCS: Protecting and Securing Chemical Facilities from Terrorist Attacks Act of 2023 U.S. Senate 2023-07-10 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II Calendar No. 116 118th CONGRESS 1st Session S. 2178 IN THE SENATE OF THE UNITED STATES June 22, 2023 Mr. Peters Mrs. Capito Mr. Carper Mr. Lankford July 10, 2023 Read the second time and placed on the calendar A BILL To extend the Chemical Facility Anti-Terrorism Standards Program of the Department of Homeland Security, and for other purposes. 1. Short title This Act may be cited as the Protecting and Securing Chemical Facilities from Terrorist Attacks Act of 2023 2. Extension of chemical facility anti-terrorism standards program of the department of homeland security Section 5 of the Protecting and Securing Chemical Facilities from Terrorist Attacks Act of 2014 ( 6 U.S.C. 621 July 27, 2023 October 1, 2028 July 10, 2023 Read the second time and placed on the calendar

Protecting and Securing Chemical Facilities from Terrorist Attacks Act of 2023

Protecting America's Strategic Petroleum Reserve from China Act This bill prohibits the sale and export of crude oil from the Strategic Petroleum Reserve (SPR) to China. Specifically, the bill prohibits the Department of Energy (DOE) from selling petroleum products (e.g., crude oil) from the SPR to any entity that is under the ownership or control of China. Further, DOE must require as a condition of any sale of crude oil from the SPR that the oil not be exported to China.

118 S218 IS: Protecting America’s Strategic Petroleum Reserve from China Act U.S. Senate 2023-02-01 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 218 IN THE SENATE OF THE UNITED STATES February 1, 2023 Mr. Cruz Mr. Manchin Mr. Sullivan Mr. King Mr. Braun Mr. Bennet Mr. Cotton Ms. Hassan Mrs. Hyde-Smith Mr. Boozman Mr. Hoeven Mr. Cornyn Ms. Ernst Mr. Moran Mr. Marshall Mr. Scott of Florida Mr. Lee Ms. Sinema Mr. Wicker Mr. Hawley Mr. Scott of South Carolina Ms. Lummis Committee on Energy and Natural Resources A BILL To prohibit the Secretary of Energy from sending petroleum products from the Strategic Petroleum Reserve to China, and for other purposes. 1. Short title This Act may be cited as the Protecting America’s Strategic Petroleum Reserve from China Act 2. Prohibition on sales of petroleum products from the Strategic Petroleum Reserve to China Notwithstanding any other provision of law, the Secretary of Energy shall not draw down and sell petroleum products from the Strategic Petroleum Reserve— (1) to any entity that is under the ownership or control of the Chinese Communist Party or the People's Republic of China; or (2) except on the condition that such petroleum products will not be exported to the People’s Republic of China.

Protecting America’s Strategic Petroleum Reserve from China Act

Women's Business Centers Improvement Act of 2023 This bill reauthorizes the Women's Business Center Program through FY2027, raises the cap on individual center grants, establishes an accreditation program for grant recipients, and revises the duties of the Office of Women's Business Ownership. Specifically, the bill modifies the Women's Business Center Program to enable the Small Business Administration (SBA) to provide initial and continuation grants to eligible entities to operate women's business centers for the benefit of women-owned small businesses. The SBA must also publish standards for a program to accredit entities that receive grants from the Women's Business Center Program, and such entities' receipt of continuation grants shall be contingent upon their obtaining accreditation.

118 S2184 IS: Women’s Business Centers Improvement Act of 2023 U.S. Senate 2023-06-22 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 2184 IN THE SENATE OF THE UNITED STATES June 22, 2023 Mr. Cardin Committee on Small Business and Entrepreneurship A BILL To amend the Small Business Act to improve the Women’s Business Center Program, and for other purposes. 1. Short title This Act may be cited as the Women’s Business Centers Improvement Act of 2023 2. Amendments to Women’s Business Center Program Section 29 of the Small Business Act ( 15 U.S.C. 656 29. Women’s Business Center Program (a) Definitions In this section: (1) Assistant Administrator The term Assistant Administrator (2) Eligible entity The term eligible entity (A) an organization described in section 501(c) (B) a State, regional, or local economic development organization, if the organization certifies that grant funds received under this section will not be commingled with other funds; (C) an institution of higher education, as defined in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 (D) a development, credit, or finance corporation chartered by a State, if the corporation certifies that grant funds received under this section will not be commingled with other funds; or (E) any combination of entities listed in subparagraphs (A) through (D). (3) Relevant organizations The term relevant organizations (A) organizations that advocate for or work with women entrepreneurs, women’s business ownership, or women’s business centers; and (B) other organizations as the Administrator determines appropriate. (4) Resource partners The term resource partners (5) Women’s business center The term women’s business center (6) Women’s Business Center Organization The term Women’s Business Center Organization (b) Authority (1) Establishment There is established a Women’s Business Center Program under which the Administrator may enter into a cooperative agreement with an eligible entity to provide a grant to the eligible entity to operate 1 or more women’s business centers for the benefit of small business concerns owned and controlled by women. (2) Use of funds A women’s business center established using funds made available under this section shall be designed to provide entrepreneurial counseling and training that meets the needs of the small business concerns owned and controlled by women, especially concerns owned and controlled by women who are both socially and economically disadvantaged, as defined in section 8(a), and shall provide— (A) financial assistance, including counseling and training on how to— (i) apply for and secure business credit and investment capital; (ii) prepare and present financial statements; and (iii) manage cash flow and other financial operations of a small business concern; (B) management assistance, including counseling and training on how to plan, organize, staff, direct, and control each major activity and function of a small business concern; (C) marketing assistance, including counseling and training on how to— (i) identify and segment domestic and international market opportunities; (ii) prepare and execute marketing plans; (iii) develop pricing strategies; (iv) locate contract opportunities; (v) negotiate contracts; and (vi) use various public relations and advertising techniques; and (D) other services, as needed, in order to meet the changing and evolving needs of the small business community. (3) Types of grants (A) Initial grant The amount of an initial grant, which shall be for a 5-year term, provided under this section to an eligible entity shall be not more than $300,000 annually (as that amount is annually adjusted by the Administrator to reflect the change in inflation). (B) Continuation grants (i) In general The Administrator may award a continuation grant, which shall be for a 5-year term, of not more than $300,000 annually (as that amount is annually adjusted by the Administrator to reflect the change in inflation) to an eligible entity that received an initial grant under subparagraph (A). (ii) No limitation There shall be no limitation on the number of continuation grants an eligible entity may receive under this section. (c) Application (1) Initial grants and continuation grants To receive an initial grant or continuation grant under this section, an eligible entity shall submit an application to the Administrator in such form, in such manner, and containing such information as the Administrator may require, including— (A) a certification that the eligible entity— (i) has designated an executive director or program manager, who may be compensated using grant funds awarded under this section or other sources, to manage each women’s business center for which a grant under subsection (b) is sought; and (ii) meets accounting and reporting requirements established by the Director of the Office of Management and Budget; (B) information demonstrating the experience and effectiveness of the eligible entity in— (i) providing entrepreneurial counseling and training described in subsection (b)(2); (ii) providing training and services to a representative number of women who are both socially and economically disadvantaged; and (iii) working with resource partners, offices of the Administration, and other public and private entities engaging in entrepreneurial and small business development; and (C) a 5-year plan that— (i) includes information relating to the assistance to be provided by each women’s business center in the area in which each center is located; (ii) describes the ability of the eligible entity to meet the needs of the market to be served by each women’s business center; (iii) describes the ability of the eligible entity to obtain the matching funds required under subsection (e); and (iv) describes the ability of the eligible entity to provide entrepreneurial counseling and training described in subsection (b)(2), including to a representative number of women who are both socially and economically disadvantaged. (2) Record retention (A) In general The Administrator shall maintain a copy of each application submitted under this subsection for not less than 5 years. (B) Paperwork reduction The Administrator shall take steps to reduce, to the maximum extent practicable, the paperwork burden associated with carrying out subparagraph (A). (d) Selection of eligible entities (1) In general In selecting recipients of initial grants, the Administrator shall consider— (A) the experience of the applicant in providing entrepreneurial counseling and training; (B) the amount of time needed for the applicant to commence operation of a women’s business center; (C) the capacity of the applicant to meet the accreditation standards established under subsection (j)(4) in a timely manner and the likelihood that the recipient will become accredited; (D) the ability of the applicant to sustain operations, including the applicant’s ability to obtain matching funds under subsection (e), for a 5-year period; (E) the proposed location of a women’s business center to be operated by the applicant and the location’s proximity to Veteran Business Outreach Centers and to recipients of grants under section 8(b)(1) or 21; (F) the counsel of a Women's Business Center Organization or another relevant organization on the level of unmet need in the area where the women’s business center is to be located; and (G) whether the applicant has received trainings conducted by, utilized services provided by, or engaged with a Women’s Business Center Organization or another relevant organization in the preparation of the application. (2) Selection criteria (A) Rulemaking The Administrator shall issue regulations to specify the criteria for review and selection of applicants under this subsection. (B) Effect of regulations at time of application Unless otherwise required by an Act of Congress or an order of a Federal court, any application for an opportunity to award a grant under this section shall be governed by the regulations issued pursuant to subparagraph (A) that are in effect at the time of the public announcement of such opportunity made by the Administrator pursuant to subsection (k)(1). (C) Rule of construction Nothing in this paragraph may be construed as prohibiting the Administrator from modifying the regulations issued pursuant to subparagraph (A) as the regulations apply to an opportunity to be awarded a grant under this section that the Administrator has not yet publicly announced pursuant to subsection (k)(1). (e) Matching requirements (1) In general Subject to paragraph (5), upon approval of an application submitted under subsection (c), the eligible entity shall agree to obtain contributions from non-Federal sources— (A) in the first and second year of the term of an initial grant, if applicable, 1 non-Federal dollar for every 2 Federal dollars; and (B) in each subsequent year of the term of an initial grant, if applicable, or for the term of a continuation grant, 1 non-Federal dollar for each Federal dollar. (2) Form of matching funds Not more than one-half of non-Federal matching funds described in paragraph (1) may be in the form of in-kind contributions that are budget line items only, including office equipment and office space. (3) Solicitation Notwithstanding any other provision of law, an eligible entity may— (A) solicit cash and in-kind contributions from private individuals and entities to be used to operate a women’s business center; and (B) use amounts made available by the Administrator under this section for the cost of solicitation and management of the contributions received, subject to the limitations set by the Administrator. (4) Disbursement of funds The Administrator may disburse an amount not greater than 25 percent of the total amount of a grant awarded to an eligible entity before the eligible entity obtains the matching funds described in paragraph (1). (5) Failure to obtain matching funds (A) In general If an eligible entity fails to obtain the required matching funds described in paragraph (1), the eligible entity may not be eligible to receive advance disbursements pursuant to paragraph (4) during the remainder of the term, if applicable, of an initial grant awarded under this section. (B) Continuation grant Before approving the eligible entity for a continuation grant under this section, the Administrator shall make a written determination, including the reasons for the determination, of whether the Administrator believes that the eligible entity will be able to obtain the requisite matching funding under paragraph (1) for the continuation grant. (6) Waiver of non-Federal share (A) In general Upon request by an eligible entity and in accordance with this paragraph, the Administrator may waive, in whole or in part, the requirement to obtain matching funds under paragraph (1) for a grant awarded under this section for the eligible entity for a 1-year term of the grant. (B) Considerations In determining whether to issue a waiver under this paragraph, the Administrator shall consider— (i) the economic conditions affecting the eligible entity; (ii) the demonstrated ability of the eligible entity to raise non-Federal funds; and (iii) the performance of the eligible entity under the initial grant. (C) Limitation The Administrator may not issue a waiver under this paragraph if the Administrator determines that granting the waiver would undermine the credibility of the Women’s Business Center Program. (7) Excess non-Federal dollars The amount of non-Federal dollars obtained by an eligible entity that is greater than the amount that is required to be obtained by the eligible entity under this subsection shall not be subject to the requirements of part 200 of title 2, Code of Federal Regulations, or any successor thereto, if the amount of non-Federal dollars— (A) is not used as matching funds for purposes of implementing the Women’s Business Center Program; and (B) was not obtained by using funds granted under the Women’s Business Center Program. (8) Carryover An eligible entity may use excess non-Federal dollars described in paragraph (7) to satisfy the matching funds requirement under paragraph (1) for the subsequent 1-year grant term, if applicable, except that the amounts shall be subject to the requirements of part 200 of title 2, Code of Federal Regulations, or any successor thereto. (f) Other requirements (1) Separation of funds An eligible entity shall— (A) operate a women’s business center under this section separately from other projects, if any, of the eligible entity; and (B) separately maintain and account for any grant funds received under this section. (2) Examination of eligible entities (A) Required site visit Before receiving an initial grant under this section, each applicant shall have a site visit by an employee of the Administration in order to ensure that the applicant has sufficient resources to provide the services for which the grant is being provided. (B) Annual review An employee of the Administration shall— (i) conduct an annual programmatic and financial examination of each eligible entity, as described in subsection (g); and (ii) provide the results of the examination to the eligible entity. (3) Remediation of problems (A) Plan of action If an examination of an eligible entity conducted under paragraph (2)(B) identifies any problems, the eligible entity shall, not later than 45 calendar days after receiving a copy of the results of the examination, provide the Assistant Administrator with a plan of action, including specific milestones, for correcting those problems. (B) Plan of action review by the Assistant Administrator Not later than 30 days after receipt of the plan of action, the Assistant Administrator shall review the plan of action submitted under subparagraph (A), and if the Assistant Administrator determines that the plan— (i) will bring the eligible entity into compliance with all the terms of a cooperative agreement described in subsection (b), the Assistant Administrator shall approve the plan; or (ii) is inadequate to remedy the problems identified in the annual examination to which the plan of action relates, the Assistant Administrator shall set forth the reasons in writing and provide the determination to the eligible entity not later than 15 calendar days after the date of determination. (C) Amendment to plan of action An eligible entity receiving a determination under subparagraph (B)(ii) shall have 30 calendar days from the receipt of the determination to amend the plan of action to satisfy the problems identified by the Assistant Administrator and resubmit the plan to the Assistant Administrator. (D) Amended plan review by the Assistant Administrator Not later than 15 calendar days after receipt of an amended plan of action under subparagraph (C), the Assistant Administrator shall approve or reject the plan and provide the approval or rejection in writing to the eligible entity. (E) Appeal of Assistant Administrator determination (i) In general If the Assistant Administrator rejects an amended plan of action under subparagraph (D), the eligible entity shall have the opportunity to appeal the decision to the Administrator, who may delegate the appeal to an appropriate officer of the Administration. (ii) Opportunity for explanation Any appeal described in clause (i) shall provide an opportunity for the eligible entity to provide, in writing, an explanation of why the amended plan of action of the eligible entity remedies the problems identified in the annual examination conducted under paragraph (2)(B). (iii) Notice of determination The Administrator shall provide to the eligible entity a determination of the appeal, in writing, not later than 15 calendar days after the eligible entity files an appeal under this subparagraph. (iv) Effect of failure to act If the Administrator fails to act on an appeal made under this subparagraph within the 15-day period specified under clause (iii), the amended plan of action of the eligible entity submitted under subparagraph (C) shall be deemed to be approved. (4) Termination of grant (A) In general The Administrator shall terminate a grant to an eligible entity under this section if the eligible entity fails to comply with— (i) a plan of action approved by the Assistant Administrator under paragraph (3)(B)(i); or (ii) an amended plan of action approved by the Assistant Administrator under paragraph (3)(D) or approved on appeal under paragraph (3)(E). (B) Appeal of termination An eligible entity shall have the opportunity to challenge the termination of a grant under subparagraph (A) on the record and after an opportunity for a hearing. (C) Final agency action A determination made pursuant to subparagraph (B) shall be considered final agency action for the purposes of chapter 7 (5) Engagement with majority Women’s Business Center Organization, women's business centers, and other relevant organizations If, on the date of enactment of the Women’s Business Centers Improvement Act of 2023 (A) recognize the existence and activities of the Organization; and (B) consult with the Organization, and to the extent practicable, women's business centers and other relevant organizations, on the development of documents with respect to— (i) announcing the annual scope of activities pursuant to this section; (ii) requesting proposals to deliver assistance as provided in this section; and (iii) the governance, general operations, and administration of the Women's Business Center Program, including general best practices in the operation of that Program and the development of regulations and financial examinations under that Program. (6) Enforcement (A) Grants The Assistant Administrator shall develop policies and procedures to minimize the possibility of awarding a grant to an eligible entity that will operate a women’s business center that likely will not remain in compliance with program and financial requirements. (B) Individual cooperative agreements The Assistant Administrator shall enforce the terms of any individual cooperative agreement described in paragraph (5)(B)(iii). (g) Program examination (1) In general The Administration shall— (A) develop and implement an annual programmatic and financial examination of each eligible entity receiving a grant under this section, under which each eligible entity shall provide to the Administration— (i) an itemized cost breakdown of actual expenditures for costs incurred during the preceding year; and (ii) documentation regarding the amount of matching assistance from non-Federal sources obtained and expended by the eligible entity during the preceding year in order to meet the requirements of subsection (e) and, with respect to any in-kind contributions described in subsection (e)(2) that were used to satisfy the requirements of subsection (e), verification of the existence and valuation of those contributions; and (B) analyze the results of each examination and, based on that analysis, make a determination regarding the programmatic and financial viability of each women’s business center operated by the eligible entity. (2) Conditions for continued funding In determining whether to award a continuation grant to an eligible entity, the Administrator shall— (A) consider the results of the most recent examination of the eligible entity under paragraph (1); (B) determine if— (i) the eligible entity has failed to provide, or provided inadequate, information under paragraph (1)(A); or (ii) the eligible entity has failed to provide any information required to be provided by a women’s business center for purposes of the management report under subsection (l)(1), or the information provided by the center is inadequate; and (C) consider the accreditation status as described in subsection (j)(4). (h) Contract authority (1) Eligible entity An eligible entity that receives a grant under this section may enter into a contract with a Federal department or agency to provide specific assistance to small business concerns owned and controlled by women and other underserved small business concerns, if performance of that contract does not hinder the ability of the eligible entity to carry out the terms of a grant received under this section. (2) Administrator (A) In general The authority of the Administrator to enter into contracts shall be in effect for each fiscal year only to the extent and in the amounts as are provided in advance in appropriations Acts. (B) Adverse contract action After the Administrator has entered into a contract, either as a grant or a cooperative agreement, with any applicant under this section, the Administrator shall not suspend, terminate, or fail to renew or extend the contract unless the Administrator provides the applicant with written notification setting forth the reasons therefore and affords the applicant an opportunity for a hearing, appeal, or other administrative proceeding under chapter 5 (i) Privacy requirements (1) In general A women’s business center may not disclose the name, address, email address, or telephone number of any individual or small business concern receiving assistance under this section without the consent of that individual or small business concern, unless— (A) the Administrator orders the disclosure after the Administrator is ordered to make a disclosure by a court in any civil or criminal enforcement action initiated by a Federal or State agency; or (B) the Administrator considers a disclosure to be necessary for the purpose of conducting a financial audit of a women’s business center, except that the disclosure shall be limited to the information necessary for the audit. (2) Administration use of information This subsection shall not— (A) restrict the access of the Administration to women’s business center data; or (B) prevent the Administration from using information about individuals who use women’s business centers to conduct surveys of those individuals. (3) Regulations The Administrator shall issue regulations to establish standards for disclosures for purposes of a financial audit described in paragraph (1)(B). (j) Office of Women’s Business Ownership (1) Establishment There is established within the Administration an Office of Women’s Business Ownership, which shall be— (A) responsible for the administration of the Administration’s programs for the development of women’s business enterprises, as defined in section 408 of the Women’s Business Ownership Act of 1988 ( 15 U.S.C. 7108 (B) administered by an Assistant Administrator, who shall be appointed by the Administrator. (2) Assistant Administrator of the Office of Women’s Business Ownership (A) Qualification The position of Assistant Administrator shall be— (i) a Senior Executive Service position under section 3132(a)(2) of title 5, United States Code; and (ii) a noncareer appointee, as defined in section 3132(a)(7) of that title. (B) Duties The Assistant Administrator shall administer the programs and services of the Office of Women’s Business Ownership and perform the following functions: (i) Recommend the annual administrative and program budgets of the Office and eligible entities receiving a grant under the Women’s Business Center Program. (ii) Review the annual budgets submitted by each eligible entity receiving a grant under the Women’s Business Center Program. (iii) Collaborate with other Federal departments and agencies, State and local governments, nonprofit organizations, and for-profit organizations to maximize utilization of taxpayer dollars and reduce or eliminate any duplication among the programs overseen by the Office of Women’s Business Ownership and those of other entities that provide similar services to women entrepreneurs. (iv) Maintain a clearinghouse to provide for the dissemination and exchange of information between women’s business centers. (v) Serve as the vice chairperson of the Interagency Committee on Women’s Business Enterprise and as the liaison for the National Women’s Business Council. (3) Mission The mission of the Office of Women’s Business Ownership shall be to assist women entrepreneurs to start, grow, and compete in global markets by providing quality support with access to capital, access to markets, job creation, growth, and counseling by— (A) fostering participation of women entrepreneurs in the economy by overseeing a network of women’s business centers throughout States and territories; (B) creating public-private partnerships to support women entrepreneurs and conduct outreach and education to small business concerns owned and controlled by women; and (C) working with other programs of the Administrator to— (i) ensure women are well-represented in those programs and being served by those programs; and (ii) identify gaps where participation by women in those programs could be increased. (4) Accreditation program (A) Establishment Not later than 270 days after the date of enactment of the Women’s Business Centers Improvement Act of 2023 (B) Public comment; transition Before publishing the standards under subparagraph (A), the Administrator— (i) shall provide a period of not less than 60 days for public comment on the standards; and (ii) may not terminate a grant under this section absent evidence of fraud or other criminal misconduct by the recipient. (C) Contracting authority The Administrator may provide financial support, by contract or otherwise, to a Women’s Business Center Organization to provide assistance in establishing the standards required under subparagraph (A) or for carrying out an accreditation program pursuant to those standards. (5) Continuation grant considerations (A) In general In determining whether to award a continuation grant under this section, the Administrator shall consider the results of the annual programmatic and financial examination conducted under subsection (g) and the accreditation program. (B) Accreditation requirement On and after the date that is 2 years after the date of enactment of the Women’s Business Centers Improvement Act of 2023 (6) Annual conference (A) In general Each women’s business center shall participate in annual professional development at an annual conference facilitated by the Administrator. (B) Collaboration The Administrator shall collaborate with 1 or more Women’s Business Center Organizations, women’s business centers, or other relevant organizations in carrying out the responsibilities of the Administrator under subparagraph (A). (k) Notification requirements under the Women’s Business Center Program The Administrator shall provide the following: (1) A public announcement of any opportunity to be awarded grants under this section, to include the selection criteria under subsection (d) and any applicable regulations. (2) To any applicant for a grant under this section that failed to obtain a grant, an opportunity to debrief with the Administrator to review the reasons for the failure of the applicant. (3) To an eligible entity that receives an initial grant under this section, if a site visit or review of the eligible entity is carried out by an officer or employee of the Administration (other than the Inspector General), a copy of the site visit report or evaluation, as applicable, not later than 30 calendar days after the completion of the visit or evaluation. (l) Annual management report (1) In general The Administrator shall prepare and submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives an annual report on the effectiveness of women’s business centers operated through a grant awarded under this section. (2) Information for report Each women’s business center shall, annually and upon request, provide the Administrator with sufficient information to complete the report required under paragraph (1), including the information described in paragraph (3). (3) Contents Each report submitted under paragraph (1) shall summarize— (A) information concerning, with respect to each women’s business center established pursuant to a grant awarded under this section, the most recent analysis of the annual programmatic and financial examination of the applicable eligible entity, as required under subsection (g)(1)(B), and the subsequent determination made by the Administration under that subsection; (B) the total number of individuals and the number of unique individuals counseled or trained through the Women's Business Center Program; (C) the total number of hours of counseling and training services provided through the Program; (D) to the extent practicable, the demographics of Program participants to include the gender, race, ethnicity, and age of each participant; (E) the number of Program participants who are veterans; (F) the number of new businesses started by participants in the Program; (G) to the extent practicable, the number of jobs supported, created, or retained with assistance from women’s business centers; (H) the total amount of capital secured by participants in the Program, including through loans and equity investment of the Administration; (I) the number of participants in the Program receiving financial assistance, including the type and dollar amount, under a loan program of the Administration; (J) an estimate of gross receipts, including to the extent practicable a description of any change in revenue of small business concerns assisted through the Program; (K) the number of referrals of individuals to other resources and programs of the Administration; (L) the results of satisfaction surveys of participants, including a summary of any comments received from those participants; and (M) any recommendations by the Administrator to improve the delivery of services by women’s business centers. (m) Authorization of appropriations (1) In general There are authorized to be appropriated to the Administration to carry out this section, to remain available until expended, $31,500,000 for each of fiscal years 2024 through 2027. (2) Use of amounts (A) In general Except as provided in subparagraph (B), amounts made available under this subsection for fiscal year 2024, and each fiscal year thereafter, may only be used for grant awards and may not be used for costs incurred by the Administration in connection with the management and administration of the program under this section. (B) Exceptions Of the amount made available under this subsection for a fiscal year, for the fiscal year beginning after the date of enactment of the Women’s Business Centers Improvement Act of 2023 (C) Accreditation and annual conference Of the amounts made available in any fiscal year to carry out this section, not more than $250,000 may be used by the Administration to pay for expenses related to carrying out paragraphs (4) and (6) of subsection (j). (3) Expedited acquisition Notwithstanding any other provision of law, the Administrator may use expedited acquisition methods as the Administrator determines to be appropriate to carry out this section, except that the Administrator shall ensure that all small business concerns are provided a reasonable opportunity to submit proposals. . 3. Effect on existing grants (a) Terms and conditions A nonprofit organization receiving a grant under section 29(m) of the Small Business Act ( 15 U.S.C. 656(m) 15 U.S.C. 656(m)(5) (b) Length of continuation grant The Administrator of the Small Business Administration may award a grant under section 29 of the Small Business Act ( 15 U.S.C. 656 (1) beginning on the day after the last day of the grant agreement under such section 29(m); and (2) ending at the end of the third fiscal year beginning after the date of enactment of this Act. 4. Regulations Not later than 270 days after the date of enactment of this Act, the Administrator of Small Business Administration shall issue rules as are necessary to carry out section 29 of the Small Business Act ( 15 U.S.C. 656

Women’s Business Centers Improvement Act of 2023

Improving Access to Transfusion Care for Hospice Patients Act of 2023 This bill requires the Center for Medicare and Medicaid Innovation (CMMI) to test a model under which blood transfusions furnished to an individual receiving hospice care are paid separately from the hospice all-inclusive per diem payment under Medicare. The CMMI must evaluate the model by comparing patients participating in the model with those outside of the model in relation to specified metrics, such as hospital utilization and days of hospice care before the end of life.

118 S2186 IS: Improving Access to Transfusion Care for Hospice Patients Act of 2023 U.S. Senate 2023-06-22 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 2186 IN THE SENATE OF THE UNITED STATES June 22, 2023 Ms. Rosen Mr. Barrasso Ms. Baldwin Committee on Finance A BILL To require the Center for Medicare and Medicaid Innovation to test allowing blood transfusions to be paid separately from the Medicare hospice all-inclusive per diem payment. 1. Short title This Act may be cited as the Improving Access to Transfusion Care for Hospice Patients Act of 2023 2. Center for Medicare and Medicaid Innovation testing of allowing blood transfusions to be paid separately from the Medicare hospice all-inclusive per diem payment Section 1115A of the Social Security Act ( 42 U.S.C. 1315a (1) in subsection (b)(2)(A), by adding at the end the following new sentence: “The models selected under this subparagraph shall include the testing of the model described in subsection (h).”; and (2) by adding at the end the following new subsection: (h) Testing of allowing blood transfusions To be paid separately from the Medicare hospice all-Inclusive per diem payment (1) In general Not later than 1 year after the date of enactment of this subsection, the CMI shall establish and implement a model under which blood transfusions furnished to an individual receiving hospice care are paid separately from the hospice all-inclusive per diem payment under section 1814(i). The separate payment amount for such blood transfusion shall be the amount that would otherwise apply under title XVIII if the transfusion was not furnished as part of hospice care. (2) Requirements for evaluation In conducting any evaluation of the model described in paragraph (1) pursuant to subsection (b)(4), the CMI shall ensure it compares participants under the model with similar patients outside of the model with respect to the following metrics: (A) The number of chemotherapy services furnished in the last 14 days of life. (B) Hospital utilization in the last 30 days of life, including emergency department visits, in-patient and observation status stays (including the length of the stays), and intensive care unit (ICU) days. (C) How many days receiving hospice care before the end of life. (D) The number of patients receiving hospice care who received a transfusion compared to patients with similar diagnoses not receiving hospice care. (E) The average frequency of transfusion for patients receiving hospice care compared to patients not receiving hospice care. (F) The number of transfusions for patients receiving hospice care compared to patients not receiving hospice care. (G) Other areas determined appropriate by the CMI. .

Improving Access to Transfusion Care for Hospice Patients Act of 2023

Endowment Transparency Act This bill requires certain actions regarding institutions of higher education (IHEs) and the management of their assets. Specifically, the bill requires the Department of Education to annually update the College Navigator website with information on the assets of IHEs, including information about investments with minority- or women-owned firms. The bill also requires the Minority Business Development Agency to (1) report on recommended changes for substantially increasing the use of minority- or women-owned firms in the investment and bond transactions of IHEs, and (2) convene a conference every two years.

118 S2187 IS: Endowment Transparency Act U.S. Senate 2023-06-22 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 2187 IN THE SENATE OF THE UNITED STATES June 22, 2023 Mr. Booker Committee on Health, Education, Labor, and Pensions A BILL To amend the Higher Education Act of 1965 to require annual reporting on assets of institutions of higher education. 1. Short title This Act may be cited as the Endowment Transparency Act 2. Reporting on assets of institutions of higher education (a) Consumer information (1) Asset reporting Section 132(i) of the Higher Education Act of 1965 ( 20 U.S.C. 1015a(i)(1) (A) by redesignating paragraphs (2) through (6) as paragraphs (3) through (7); and (B) by adding after paragraph (1) the following: (2) Assets (A) In General Not later than one year after the date of enactment of the Endowment Transparency Act (i) The total assets of the institution that are managed— (I) by an investment adviser, disaggregated by asset class; and (II) by a minority- or women-owned investment adviser, disaggregated by asset class and race of the investment adviser. (ii) With respect to investment advisers employed by the institution, the number of those investment advisers, disaggregated by gender and race. (iii) The percent of bond issuances by the institution that are underwritten by minority- or women-owned asset management firms. (B) Definitions In this paragraph— (i) the term investment adviser 15 U.S.C. 80b–2(a) (ii) the term minority 12 U.S.C. 1463 (iii) the term minority- or women-owned (I) is owned more than 50 percent by 1 or more individuals who are women or minorities; and (II) is managed by, and the daily business operations of which are controlled by, 1 or more individuals who are women or minorities. . (2) Technical amendments Section 132(i) of the Higher Education Act of 1965 ( 20 U.S.C. 1015a(i)(4) (A) in paragraph (3), as redesignated by paragraph (1), by striking paragraph (1) paragraphs (1) and (2) (B) in paragraph (4), as redesignated by paragraph (1), by striking paragraph (1) paragraphs (1) and (2) (C) in paragraph (6)(A), as redesignated by paragraph (1)— (i) in clause (iii) by striking paragraph (6) paragraph (7) (ii) in clause (vi) by striking paragraph (1) paragraphs (1) and (2) (3) Data collection Paragraph (5) of section 132(i) of the Higher Education Act of 1965 ( 20 U.S.C. 1015a(i)(4) (A) by striking The Commissioner (A) In general The Commissioner ; and (B) by adding at the end the following: (B) Rules for asset reporting With respect to the information described in clauses (i), (ii), and (iii) of paragraph (2)(A), the Secretary of Education (acting through the Commissioner for Education Statistics), the Securities and Exchange Commission, and the Under Secretary of Commerce for Minority Business Development shall, jointly, issue rules to establish a standardized form and manner for collecting and reporting such information. . (4) Rule of construction Nothing in the amendments made by this section may be construed to limit the authority of the Secretary of Education to collect additional diversity information not specifically described in the amendments made by this section. (b) Analysis and report by the Minority Business Development Agency (1) In general After the end of the 1-year period beginning on the date that information is first reported under section 132(i)(2) of the Higher Education Act of 1965 (as added by subsection (a)), the Under Secretary of Commerce for Minority Business Development shall, in consultation with representatives from industry (including minority- or women-owned investment advisers and minority- or women-owned asset management firms)— (A) analyze all information reported under that paragraph (2); and (B) issue a report to the Congress, and make such report available to the public, containing— (i) any recommended best practices the Under Secretary may have for substantially increasing the use of minority- or women-owned investment advisers and minority- or women-owned asset management firms in the investment and bond transactions of institutions of higher education; and (ii) any recommendations the Under Secretary may have for regulatory or legislative changes to increase the use of such advisers and firms. (2) Updated reports The Under Secretary of Commerce for Minority Business Development shall update the report required under paragraph (1)(B) every 2 years. (3) Definitions In this subsection, the terms investment advisor minority minority- or women-owned 3. MBDA Conference (a) In general The Under Secretary of Commerce for Minority Business Development shall, in consultation with the Secretary of Education, every 2 years, convene a conference of institutions of higher education, minority- or women-owned investment advisers, minority- or women-owned asset management firms, and investment consultants to help those institutions, advisers, and firms to share best practices for investment and bond transactions, including increasing opportunities for such advisers and asset management firms, and learn about the benefits of using such advisers and firms for investment and bond transactions. (b) Definitions In this section, the terms investment advisor minority minority- or women-owned (c) Authorization of appropriations There is authorized to be appropriated to the Under Secretary of Commerce for Minority Business Development $3,000,000 to carry out this section.

Endowment Transparency Act

PrEP Access and Coverage Act of 2023 This bill requires private health insurance plans to cover prescription drugs that prevent HIV, including related screenings, diagnostic procedures, administrative fees, and clinical follow-ups, without any cost-sharing obligation for the plan holder. Further, insurance plans must not impose any preauthorization requirement for this coverage. These coverage requirements also apply to public health insurance programs, including Medicare, Medicaid, and the Children's Health Insurance Program. Additionally, the bill prohibits denying, limiting, or qualifying coverage or increasing premiums for disability insurance, long-term care insurance, or life insurance policies based on an individual taking medication for HIV prevention. The bill further requires the Department of Health and Human Services (HHS) to award grants to states, or directly to eligible local organizations, to provide uninsured individuals and underinsured individuals access to prescription drugs and related services that prevent HIV. The Centers for Disease Control and Prevention also must develop a public awareness campaign that focuses efforts in communities with a high need for HIV prevention treatment. HHS, the Department of Labor, and the Department of Treasury must enforce and report on private insurers' compliance with the bill's requirements.

103 S2188 IS: PrEP Access and Coverage Act of 2023 U.S. Senate 2023-06-22 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 2188 IN THE SENATE OF THE UNITED STATES June 22, 2023 Ms. Smith Committee on Health, Education, Labor, and Pensions A BILL To increase access to pre-exposure prophylaxis to reduce the transmission of HIV. 1. Short title This Act may be cited as the PrEP Access and Coverage Act of 2023 2. Findings; sense of Congress (a) Findings Congress finds the following: (1) The Centers for Disease Control and Prevention estimates that approximately 1,200,000 individuals in the United States are living with HIV. (2) In 2021, there were 36,136 new diagnoses of HIV in the United States. (3) HIV disproportionately impacts gay and bisexual men, transgender women, and, in particular, people of color. In 2021, approximately 71 percent of new HIV diagnoses were estimated to be among gay and bisexual men, 40 percent of new HIV diagnoses were among Black people, and 29 percent of new HIV diagnoses were among Latinx people. Recent studies suggest that transgender women are up to 49 times more likely to be diagnosed with HIV than the general population. Members of communities at the intersections of these groups are most heavily impacted. (4) Pre-exposure prophylaxis (referred to in this section as PrEP (5) Many individuals at risk of exposure to HIV do not use PrEP. Of the approximately 1,200,000 individuals in the United States who could benefit from PrEP, only 31 percent, or 382,364 individuals, filled prescriptions for the drug in 2022. (6) PrEP usage is inconsistent across racial and gender lines. In 2022, only 11 percent of Black/African American and 21 percent of Hispanic/Latinx individuals who were eligible for PrEP were prescribed it, compared to 82 percent of eligible White individuals. PrEP usage is low among women, in particular among heterosexual women of color. Slightly less than 12 percent of women eligible for PrEP received a prescription in 2022. (7) PrEP use helps strengthen families by allowing couples with partners of different HIV statuses to prevent the transmission of HIV. (8) There are currently 2 brand name drugs and 1 generic drug approved by the Food and Drug Administration for the use of PrEP on a daily basis. A long-acting injectable PrEP drug has also been approved by the Food and Drug Administration. Other types of HIV prevention treatments, including other long-acting injectables, long-acting oral pills, implants, and vaginal rings are in the research pipeline. These innovations can increase widespread use of PrEP along with adherence, which can speed the Nation’s goal to end HIV and address inequities in health care. (9) Section 2713 of the Public Health Service Act ( 42 U.S.C. 300gg–13 A B A (10) Joint guidance issued by the Department of Labor, the Department of Health and Human Services, and the Department of the Treasury on July 19, 2021, clarifies that ancillary services necessary to maintain the PrEP regime, including subsequent provider visits, clinical testing, and other services, is required to be covered by health insurers without cost-sharing. (11) Permanently expanding access to cost-free PrEP and ancillary services for all individuals, including individuals who do not have health insurance, through legislation, is a critical step towards eliminating HIV transmission. (12) Post-exposure prophylaxis (referred to in this section as PEP (13) The Centers for Disease Control and Prevention recommends PEP for an individual who has experienced a high-risk exposure incident, provided that the individual tests HIV-negative, initiates such treatment not later than 72 hours after exposure, and continues the treatment for 28 days. (14) Despite PEP’s proven effectiveness in preventing HIV transmission after high-risk sexual exposures, including sexual assault, awareness of PEP is low among individuals who would benefit from the treatment. Studies suggest that awareness of PEP and of the importance of its prompt initiation is particularly low among young gay and bisexual men of color, transgender individuals, and women of all gender identities. (15) Adequate knowledge of guidelines issued by the Centers for Disease Control and Prevention for assessing indications for PEP and for initiating and sustaining PEP are low among health care providers and staff. Because PEP is an emergency intervention, insufficient knowledge among providers and staff in hospital emergency rooms, urgent care centers, community health centers, and primary care physicians is of particular concern. (16) Private and public health insurance plans and programs frequently impose requirements for coverage of PEP, including pre-authorization requirements and requirements to obtain the medications through designated specialty pharmacies and mail-order programs that pose significant obstacles to timely initiation of treatment. (17) Insurance deductibles and co-payments for PEP medications create significant barriers to PEP utilization by many individuals who have experienced high-risk incidents. (18) The Federal Government has a compelling interest in preventing new cases of HIV. Lowering the prevalence of HIV protects public health and saves on the cost of HIV treatment. (b) Sense of Congress It is the sense of Congress that the Department of Labor, the Department of Health and Human Services, and the Department of the Treasury should ensure compliance with the requirements described in paragraphs (9) and (10) of subsection (a). 3. Coverage of HIV testing and prevention services (a) Private insurance (1) In general Section 2713(a) of the Public Health Service Act ( 42 U.S.C. 300gg–13(a) (A) in paragraph (2), by striking ; and (B) in paragraph (3), by striking the period and inserting a semicolon; (C) in paragraph (4), by striking the period and inserting a semicolon; (D) in paragraph (5), by striking the period and inserting ; and (E) by adding at the end the following: (6) any prescription drug approved by the Food and Drug Administration for the prevention of HIV (other than a drug subject to preauthorization requirements consistent with section 2729A), administrative fees for such drugs, laboratory and other diagnostic procedures associated with the use of such drugs, and clinical follow-up and monitoring, including any related services recommended in current United States Public Health Service clinical practice guidelines, without limitation. . (2) Prohibition on preauthorization requirements Subpart II of part A of title XXVII of the Public Health Service Act ( 42 U.S.C. 300gg–11 et seq. 2729A. Prohibition on preauthorization requirements with respect to certain services A group health plan or a health insurance issuer offering group or individual health insurance coverage shall not impose any preauthorization requirements with respect to coverage of the services described in section 2713(a)(6), except that a plan or issuer may impose preauthorization requirements with respect to coverage of a particular drug approved under section 505(c) of the Federal Food, Drug, and Cosmetic Act or section 351(a) of this Act if such plan or issuer provides coverage without any preauthorization requirements for a drug that is therapeutically equivalent. . (b) Coverage under Federal Employees Health Benefits program Section 8904 of title 5, United States Code, is amended by adding at the end the following: (c) Any health benefits plan offered under this chapter shall include benefits for, and may not impose any cost-sharing requirements for, any prescription drug approved by the Food and Drug Administration for the prevention of HIV, administrative fees for such drugs, laboratory and other diagnostic procedures associated with the use of such drugs, and clinical follow-up and monitoring, including any related services recommended in current United States Public Health Service clinical practice guidelines, without limitation. . (c) Medicaid (1) In general Section 1905 of the Social Security Act ( 42 U.S.C. 1396d (A) in subsection (a)(4)— (i) by striking ; and (D) ; (D) (ii) by striking ; and (E) ; (E) (iii) by striking ; and (F) ; (F) (iv) by striking the semicolon at the end and inserting ; and (G) HIV prevention services; (B) by adding at the end the following new subsection: (jj) HIV prevention services For purposes of subsection (a)(4)(G), the term HIV prevention services . (2) No cost-sharing Title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. (A) in section 1916, by inserting HIV prevention services described in section 1905(a)(4)(G), section 1905(a)(4)(C), (B) in section 1916A(b)(3)(B), by adding at the end the following new clause: (xv) HIV prevention services described in section 1905(a)(4)(G). . (3) Inclusion in benchmark coverage Section 1937(b)(7) of the Social Security Act ( 42 U.S.C. 1396u–7(b)(7) (A) in the paragraph header, by inserting and HIV prevention services supplies (B) by striking includes for any individual described in section 1905(a)(4)(C), medical assistance for family planning services and supplies in accordance with such section includes medical assistance for HIV prevention services described in section 1905(a)(4)(G), and includes, for any individual described in section 1905(a)(4)(C), medical assistance for family planning services and supplies in accordance with such section (d) CHIP (1) In general Section 2103 of the Social Security Act ( 42 U.S.C. 1397cc Public Law 117–169 (A) in subsection (a), by striking and (8) (8), (10), (11), and (13) (B) in subsection (c), by adding at the end the following new paragraph: (13) HIV prevention services Regardless of the type of coverage elected by a State under subsection (a), the child health assistance provided for a targeted low-income child, and, in the case of a State that elects to provide pregnancy-related assistance pursuant to section 2112, the pregnancy-related assistance provided for a targeted low-income pregnant woman (as such terms are defined for purposes of such section), shall include coverage of HIV prevention services (as defined in section 1905(jj)). . (2) No cost-sharing Section 2103(e)(2) of the Social Security Act ( 42 U.S.C. 1397cc(e)(2) HIV prevention services described in subsection (c)(13), or for pregnancy-related assistance (3) Effective date (A) In general Subject to subparagraph (B), the amendments made by subsection (c) and this subsection shall take effect on January 1, 2025. (B) Delay permitted if State legislation required In the case of a State plan approved under title XIX or XXI of the Social Security Act which the Secretary of Health and Human Services determines requires State legislation (other than legislation appropriating funds) in order for the plan to meet the additional requirements imposed by this section, the State plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of the failure of the plan to meet such additional requirements before the 1st day of the 1st calendar quarter beginning after the close of the 1st regular session of the State legislature that ends after the 1-year period beginning with the date of the enactment of this section. For purposes of the preceding sentence, in the case of a State that has a 2-year legislative session, each year of the session is deemed to be a separate regular session of the State legislature. (e) Coverage and elimination of cost-Sharing under Medicare (1) Coverage of HIV prevention services under Part B (A) Coverage (i) In general Section 1861(s)(2) of the Social Security Act ( 42 U.S.C. 1395x(s)(2) (I) in subparagraph (II), by striking and (II) in subparagraph (JJ), by inserting and (III) by adding at the end the following new subparagraph: (KK) HIV prevention services (as defined in subsection (nnn)); . (ii) Definition Section 1861 of the Social Security Act ( 42 U.S.C. 1395x (nnn) HIV prevention services The term HIV prevention services (1) drugs or biologicals approved by the Food and Drug Administration for the prevention of HIV; (2) administrative fees for such drugs; (3) laboratory and other diagnostic procedures associated with the use of such drugs; and (4) clinical follow-up and monitoring, including any related services recommended in current United States Public Health Service clinical practice guidelines, without limitation. . (B) Elimination of coinsurance Section 1833(a)(1) of the Social Security Act ( 42 U.S.C. 1395l(a)(1) (i) by striking and (HH) (HH) (ii) by inserting before the semicolon at the end the following: , and (II) with respect to HIV prevention services (as defined in section 1861(nnn)), the amount paid shall be 100 percent of (i) except as provided in clause (ii), the lesser of the actual charge for the service or the amount determined under the fee schedule that applies to such services under this part, and (ii) in the case of such services that are covered OPD services (as defined in subsection (t)(1)(B)), the amount determined under subsection (t) (C) Exemption from Part B deductible The first sentence of section 1833(b) of the Social Security Act ( 42 U.S.C. 1395l(b) (i) by striking , and (13) (13) (ii) by striking 1861(n).. 1861(n), and (14) such deductible shall not apply with respect to HIV prevention services (as defined in section 1861(nnn)(1)). (D) Effective date The amendments made by this paragraph shall apply to items and services furnished on or after January 1, 2025. (2) Elimination of cost-sharing for drugs for the prevention of HIV under part D (A) In general Section 1860D–2 of the Social Security Act ( 42 U.S.C. 1395w–102(b) (i) in subsection (b)— (I) in paragraph (1)(A), by striking and (9) , (9), and (10) (II) in paragraph (2)— (aa) in subparagraph (A), by striking and (9) , (9), and (10) (bb) in subparagraph (C)(i), in the matter preceding subclause (I), by striking and (9) (9), and (10) (cc) in subparagraph (D)(i), in the matter preceding subclause (I), by striking and (9) (9), and (10) (III) in paragraph (3)(A), in the matter preceding clause (i), by striking and (9) (9), and (10) (IV) in paragraph (4)(A)(i), by striking and (9) , (9), and (10) (V) by adding at the end the following new paragraph: (10) Elimination of cost-sharing for drugs for the prevention of HIV For plan years beginning on or after January 1, 2025, with respect to a covered part D drug that is for the prevention of HIV— (A) the deductible under paragraph (1) shall not apply; and (B) there shall be no coinsurance or other cost-sharing under this part with respect to such drug. ; and (ii) in subsection (c), by adding at the end the following new paragraph: (7) Treatment of cost-sharing for drugs for the prevention of HIV The coverage is provided in accordance with subsection (b)(10). . (B) Conforming amendments to cost-sharing for low-income individuals Section 1860D–14(a) of the Social Security Act ( 42 U.S.C. 1395w–114(a) (i) in paragraph (1)(D), in each of clauses (ii) and (iii), by striking paragraph (6) paragraphs (6) and (7) (ii) in paragraph (2)— (I) in subparagraph (B), by striking and (9) , (9), and (10) (II) in subparagraph (D), by striking paragraph (6) paragraphs (6) and (7) (III) in subparagraph (E), by striking paragraph (6) paragraphs (6) and (7) (iii) by adding at the end the following new paragraph: (7) No application of cost-sharing or deductible for drugs for the prevention of HIV For plan years beginning on or after January 1, 2025, with respect to a covered part D drug that is for the prevention of HIV— (A) the deductible under section 1860D–2(b)(1) shall not apply; and (B) there shall be no cost-sharing under this section with respect to such drug. . (f) Coverage of HIV prevention treatment by Department of Veterans Affairs (1) Elimination of medication copayments Section 1722A(a) of title 38, United States Code, is amended by adding at the end the following new paragraph: (5) Paragraph (1) does not apply to a medication for the prevention of HIV. . (2) Elimination of hospital care and medical services copayments Section 1710 of such title is amended— (A) in subsection (f)— (i) by redesignating paragraph (5) as paragraph (6); and (ii) by inserting after paragraph (4) the following new paragraph (5): (5) A veteran shall not be liable to the United States under this subsection for any amounts for laboratory and other diagnostic procedures associated with the use of any prescription drug approved by the Food and Drug Administration for the prevention of HIV, administrative fees for such drugs, or for laboratory or other diagnostic procedures associated with the use of such drugs, or clinical follow-up and monitoring, including any related services recommended in current United States Public Health Service clinical practice guidelines, without limitation. ; and (B) in subsection (g)(3), by adding at the end the following new subparagraph: (C) Any prescription drug approved by the Food and Drug Administration for the prevention of HIV, administrative fees for such drugs, laboratory and other diagnostic procedures associated with the use of such drugs, and clinical follow-up and monitoring, including any related services recommended in current United States Public Health Service clinical practice guidelines, without limitation. . (3) Inclusion as preventive health service Section 1701(9) of such title is amended— (A) in subparagraph (K), by striking ; and (B) by redesignating subparagraph (L) as subparagraph (M); and (C) by inserting after subparagraph (K) the following new subparagraph (L): (L) any prescription drug approved by the Food and Drug Administration for the prevention of HIV, administrative fees for such drugs, laboratory and other diagnostic procedures associated with the use of such drugs, and clinical follow-up and monitoring, including any related services recommended in current United States Public Health Service clinical practice guidelines, without limitation; and . (g) Coverage of HIV prevention treatment by Department of Defense (1) In general Chapter 55 section 1074o 1074p. Coverage of HIV prevention treatment (a) In general The Secretary of Defense shall ensure coverage under the TRICARE program of HIV prevention treatment described in subsection (b) for any beneficiary under section 1074(a) of this title. (b) HIV prevention treatment described HIV prevention treatment described in this subsection includes any prescription drug approved by the Food and Drug Administration for the prevention of HIV, administrative fees for such drugs, laboratory and other diagnostic procedures associated with the use of such drugs, and clinical follow-up and monitoring, including any related services recommended in current United States Public Health Service clinical practice guidelines, without limitation. (c) No cost-Sharing Notwithstanding section 1075, 1075a, or 1074g(a)(6) of this title or any other provision of law, there is no cost-sharing requirement for HIV prevention treatment covered under this section. . (2) Clerical amendment The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1074o the following new item: 1074p. Coverage of HIV prevention treatment. . (h) Indian health service testing, monitoring, and prescription drugs for the prevention of HIV Title II of the Indian Health Care Improvement Act is amended by inserting after section 223 ( 25 U.S.C. 1621v 224. Testing, monitoring, and prescription drugs for the prevention of HIV (a) In general The Secretary, acting through the Director of HIV/AIDS Prevention and Treatment under section 832, Indian tribes, and tribal organizations, shall provide, without limitation, funding for any prescription drug approved by the Food and Drug Administration for the prevention of human immunodeficiency virus (commonly known as HIV (b) Authorization of appropriations There are authorized to be appropriated such sums as are necessary to carry out this section. . (i) Effective date The amendments made by subsections (a), (b), (e), (f), (g), and (h) shall take effect with respect to plan years beginning on or after January 1, 2025. 4. Prohibition on denial of coverage or increase in premiums of life, disability, or long-term care insurance for individuals taking medication for the prevention of HIV acquisition (a) Prohibition Notwithstanding any other provision of law, it shall be unlawful to— (1) decline or limit coverage of an individual under any life insurance policy, disability insurance policy, or long-term care insurance policy, on account of the individual taking medication for the purpose of preventing the acquisition of HIV; (2) preclude an individual from taking medication for the purpose of preventing the acquisition of HIV as a condition of receiving a life insurance policy, disability insurance policy, or long-term care insurance policy; (3) consider whether an individual is taking medication for the purpose of preventing the acquisition of HIV in determining the premium rate for coverage of such individual under a life insurance policy, disability insurance policy, or long-term care insurance policy; or (4) otherwise discriminate in the offering, issuance, cancellation, amount of such coverage, price, or any other condition of a life insurance policy, disability insurance policy, or long-term care insurance policy for an individual, based solely and without any additional actuarial risks upon whether the individual is taking medication for the purpose of preventing the acquisition of HIV. (b) Enforcement A State insurance regulator may take such actions to enforce subsection (a) as are specifically authorized under the laws of such State. (c) Definitions In this section: (1) Disability insurance policy The term disability insurance policy (2) Life insurance policy The term life insurance policy (3) Long-term care insurance policy The term long-term care insurance policy section 7702B(c) 5. Public education campaign Part P of title III of the Public Health Service Act ( 42 U.S.C. 280g et seq. 399V–8. Pre-exposure prophylaxis and post-exposure prophylaxis education campaigns (a) Public education campaign (1) In general The Secretary, acting through the Director of the Centers for Disease Control and Prevention, in consultation with the Director of the Office of Infectious Disease and HIV/AIDS Policy, shall establish a public health campaign for the purpose of educating the public on medication for the prevention of HIV acquisition. (2) Requirements In carrying out this subsection, the Secretary shall ensure cultural competency and efficacy within high-need communities in which PrEP or PEP are underutilized by developing the campaign in collaboration with organizations that are indigenous to communities that are overrepresented in the domestic HIV epidemic, including communities of color and the lesbian, gay, bisexual, transgender, and queer community. The Secretary shall ensure that the campaign is designed to increase awareness of the safety and effectiveness of PrEP and PEP, the recommended clinical practices for providing PrEP-related and PEP-related clinical care, and the local availability of PrEP and PEP providers, and to counter stigma associated with the use of PrEP and PEP. (3) Evaluation of program The Secretary shall develop measures to evaluate the effectiveness of activities conducted under this subsection that are aimed at reducing disparities in access to PrEP and PEP and supporting the local community. Such measures shall evaluate community outreach activities, language services, workforce cultural competence, and other areas as determined by the Secretary. (b) Provider education campaign (1) In general The Secretary, acting through the Director of the Centers for Disease Control and Prevention, the Administrator of the Health Resources and Services Administration, and the Office of Infectious Disease and HIV/AIDS Policy, shall establish a provider campaign for the purpose of educating prescribers and other associated health professionals on medication for the prevention of HIV acquisition. (2) Requirements In carrying out this subsection, the Secretary shall increase awareness and readiness among health care providers to offer PrEP or PEP, as appropriate, with a focus on areas of high-need communities in which PrEP or PEP is underutilized by developing an educational campaign with input from health care providers and organizations that are indigenous to communities that are overrepresented in the domestic HIV epidemic, including communities of color and the lesbian, gay, bisexual, transgender, and queer community. The Secretary shall ensure that the campaign is designed to increase awareness of the safety and effectiveness of PrEP and PEP, the recommended clinical practices for providing PrEP-related and PEP-related clinical care, cultural competency among PrEP and PEP prescribers, and to counter stigma associated with the use of PrEP and PEP. (3) Evaluation of program The Secretary shall develop measures to evaluate the effectiveness of activities conducted under this subsection that are aimed at increasing the number of health care professionals offering PrEP and PEP and reducing disparities in access to PrEP and PEP. Such measures shall evaluate availability of PrEP and PEP services, education and outreach activities, language services, workforce cultural competence, and other areas as determined by the Secretary. (c) Definitions In this section and section 399V–9— (1) the term PEP (2) the term PrEP (d) Authorization of appropriations To carry out this section, there are authorized to be appropriated such sums as may be necessary for each of fiscal years 2024 through 2029. . 6. Patient confidentiality The Secretary of Health and Human Services shall amend the regulations promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996 ( 42 U.S.C. 1320d–2 7. Pre-exposure prophylaxis and post-exposure prophylaxis funding Part P of title III of the Public Health Service Act ( 42 U.S.C. 280g et seq. 399V–9. Pre-exposure prophylaxis and post-exposure prophylaxis funding (a) In general Not later than 1 year after the date of the enactment of the PrEP Access and Coverage Act of 2023 PrEP PEP (b) Applications To be eligible to receive a grant under subsection (a), a State, territory, Indian Tribe, or directly eligible entity shall— (1) submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require, including a plan describing how any funds awarded will be used to increase access to PrEP for uninsured and underinsured individuals and reduce disparities in access to PrEP and PEP for uninsured and underinsured individuals and reduce disparities in access to PrEP and PEP; and (2) appoint a PrEP and PEP grant administrator to manage the program. (c) Directly eligible entity For purposes of this section, the term directly eligible entity (1) means a Federally qualified health center or other nonprofit entity engaged in providing PrEP and PEP information and services; and (2) may include— (A) a Federally qualified health center (as defined in section 1861(aa)(4) of the Social Security Act); (B) a family planning grantee (other than States) funded under section 1001; (C) a rural health clinic (as defined in section 1861(aa)(2) of the Social Security Act); (D) a health facility operated by or pursuant to a contract with the Indian Health Service; (E) a community-based organization, clinic, hospital, or other health facility that provides services to individuals at risk for or living with HIV; and (F) a nonprofit private entity providing comprehensive primary care to populations at risk of HIV, including faith-based and community-based organizations. (d) Awards In determining whether to award a grant, and the grant amount for each grant awarded, the Secretary shall consider the grant application and the need for PrEP and PEP services in the area, the number of uninsured and underinsured individuals in the area, and how the State, territory, or Indian Tribe coordinates PrEP and PEP activities with the directly funded entity, if the State, territory, or Indian Tribe applies for the funds. (e) Use of funds (1) In general Any State, territory, Indian Tribe, or directly eligible entity that is awarded funds under subsection (a) shall use such funds for eligible PrEP and PEP expenses. (2) Eligible prep expenses The Secretary shall publish a list of expenses that qualify as eligible PrEP and PEP expenses for purposes of this section, which shall include— (A) any prescription drug approved by the Food and Drug Administration for the prevention of HIV, administrative fees for such drugs, laboratory and other diagnostic procedures associated with the use of such drugs, and clinical follow-up and monitoring, including any related services recommended in current United States Public Health Service clinical practice guidelines, without limitation; (B) outreach and public education activities directed toward populations overrepresented in the domestic HIV epidemic that increase awareness about the existence of PrEP and PEP, provide education about access to and health care coverage of PrEP and PEP, PrEP and PEP adherence programs, and counter stigma associated with the use of PrEP and PEP; (C) outreach activities directed toward physicians and other providers that provide education about PrEP and PEP; and (D) adherence services and counseling, including personnel costs for PrEP navigators to retain patients in care. (f) Report to Congress The Secretary shall, in each of the first 5 years beginning one year after the date of the enactment of the PrEP Access and Coverage Act of 2023 (g) Authorization of appropriations To carry out this section, there are authorized to be appropriated such sums as may be necessary for each of fiscal years 2024 through 2029. . 8. Clarification This Act, including the amendments made by this Act, shall apply notwithstanding any other provision of law, including Public Law 103–141 9. Private right of action Any person aggrieved by a violation of this Act, including the amendments made by this Act, may commence a civil action in an appropriate United States District Court or other court of competent jurisdiction to obtain relief as allowed by law as either an individual or member of a class. If the plaintiff is the prevailing party in such an action, the court shall order the defendant to pay the costs and reasonable attorney fees of the plaintiff. 10. Enforcement (a) In general The Secretary of Health and Human Services, in consultation with the Centers for Disease Control and Prevention, shall— (1) issue guidance regarding the implementation of the coverage requirements established under this Act, including the amendments made by this Act, including with respect to implementation of such coverage requirements; (2) develop and disseminate educational materials, including billing and coding documents; (3) provide technical assistance to State insurance commissioners; (4) provide technical assistance to eligible entities regarding responding to consumer complaints and assisting in resolving such complaints; and (5) work with other Federal agencies to assist in enforcement and compliance. (b) Compliance (1) In general The Secretary of Health and Human Services, the Secretary of Labor, and the Secretary of the Treasury, in consultation with the Director of the Centers for Disease Control and Prevention, shall monitor compliance by group health plans and health insurance issuers with coverage requirements established under title XXVII of the Public Health Service Act ( 42 U.S.C. 300gg et seq. (2) Insurer submissions to the Secretary Beginning not later than 1 year after the date of enactment of this Act, each group health plan and health insurance issuer offering group or individual health insurance coverage shall submit to the Secretary of Health and Human Services, at such time as such secretary, in coordination with the Secretary of Labor and the Secretary of the Treasury, shall require, but not less frequently than annually for the 10-year period beginning on such date of enactment, data demonstrating compliance with the coverage requirements described in paragraph (1), including aggregate data on the number of claims received by such plans and issuers for HIV prevention services and the cost-sharing for enrollees with respect to such claims. (3) Reports to Congress Not later than 2 years after the enactment of this Act and every 2 years thereafter for the 10-year period beginning on such date of enactment, the Secretary of Health and Human Services, the Secretary of Labor, and the Secretary of the Treasury (collectively referred to in this section as the Secretaries (A) aggregate information about group health plans and health insurance issuers that the Secretaries determine to be out of compliance with such requirements; and (B) steps the Secretaries have taken to address incidences of such noncompliance. (4) Definitions In this subsection, the terms group health plan health insurance coverage health insurance issuer 42 U.S.C. 300gg–91

PrEP Access and Coverage Act of 2023

Consensual Donation and Research Integrity Act of 2023 This bill requires certain entities that acquire human bodies and sell for profit a whole human body or human body part to register with the Department of Health and Human Services. Registered entities must comply with record-keeping, labeling, packaging, and disposition requirements. The registration and related requirements do not apply to the Organ Transplantation Network (a public-private partnership that links the professionals involved in the U.S. donation and transplantation system) or its members; the preparation, transportation, and final disposition of human bodies or body parts by funeral service professionals; and schools of medicine, dentistry, and mortuary science and other research and training entities that do not sell whole human bodies or body parts for profit.

118 S2191 IS: Consensual Donation and Research Integrity Act of 2023 U.S. Senate 2023-06-22 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 2191 IN THE SENATE OF THE UNITED STATES June 22, 2023 Mr. Murphy Mr. Tillis Committee on Health, Education, Labor, and Pensions A BILL To amend the Public Health Service Act to ensure the consensual donation and respectful disposition of human bodies and human body parts donated or transferred for education, research, or the advancement of medical, dental, or mortuary science and not for use in human transplantation, and for other purposes. 1. Short title This Act may be cited as the Consensual Donation and Research Integrity Act of 2023 2. Human bodies and human body parts donated or transferred for education, research, or the advancement of medical, dental, or mortuary science and not for use in human transplantation (a) In general Title III of the Public Health Service Act ( 42 U.S.C. 241 et seq. 373A. Human bodies and human body parts donated or transferred for education, research, or the advancement of medical, dental, or mortuary science and not for use in human transplantation (a) Registration (1) In general A person who acquires human bodies and sells for profit a whole human body or human body part in or affecting interstate commerce shall register with the Secretary at such time and in such manner as the Secretary may require. (2) Exception Paragraph (1) does not apply to the Organ Procurement and Transplantation Network under section 372 and any entity that is a member of the Network pursuant to section 121.3 of title 42, Code of Federal Regulations (or any successor regulations), funeral service professionals in regard to the preparation, transportation, and final disposition of the human body or body parts, and schools of medicine, dentistry, and mortuary science and research, training organizations, and other entities that do not sell for profit a whole body or body part. (3) Contents of application An applicant for registration or renewal of registration under this section shall submit an application to the Secretary containing such information as the Secretary may by regulation require on the activities to be carried out pursuant to the registration. Unless the Secretary specifies otherwise by regulation, an application shall include— (A) the name of the applicant, including all trade names under which the applicant conducts business; (B) the date on which the applicant first began or will begin commencing activities described in paragraph (1); (C) a list of all addresses at which the applicant conducts business; (D) a description of the premises and equipment used by the applicant; (E) a description of the types of service provided by the applicant; (F) an identification of a representative of the applicant who has attained the age of 18 and has the authority to ensure that the applicant complies with this section; (G) an assurance that the Secretary will be permitted to inspect the premises and records of the applicant at the times and in the manners prescribed under subsection (b); (H) an assurance that the applicant will keep records in accordance with subsection (c); (I) an assurance that the applicant will label and package all human bodies or human body parts in accordance with subsection (d); and (J) an assurance that the applicant will limit the use and disclosure of information in accordance with the regulations promulgated pursuant to subsection (e). (4) Fees (A) Authority The Secretary shall establish a fee for registration under paragraph (1) and renewal under paragraph (5) in an amount in accordance with subparagraph (B). (B) Amount The Secretary shall determine the amount of the fees authorized by subparagraph (A) on an annual basis based on the projected cost of implementing and enforcing this section, including the cost of inspections under subsection (b). (C) Collections and appropriations acts The fees authorized by subparagraph (A) shall be available for obligation only to the extent and in the amounts provided in advance in appropriations Acts. (5) Registration renewal The Secretary shall require that the registration of a registrant be renewed by such registrant at such intervals as the Secretary determines appropriate. (6) Change of information Not later than 30 days after any change of any information listed in paragraph (3), an applicant or registrant shall notify the Secretary of such change in writing as prescribed by regulation by the Secretary. (b) Inspections The Secretary shall inspect at regular intervals (to be prescribed by the Secretary) the premises described in subsection (a)(3)(D). (c) Record keeping (1) In general A registrant shall maintain a record for each case in which the registrant acquires a human body or human body part. (2) Record requirements A record under paragraph (1) shall contain such information as the Secretary may by regulation require. Unless the Secretary specifies otherwise by regulation, a record under paragraph (1) shall include the following: (A) Documentation that the donor has knowingly consented to the transfer of the human body or human body part (not for use in transplantation) involved for education, research, or the advancement of medical, dental, or mortuary science in accordance with all applicable laws pertaining to the disposition of human remains. (B) Documentation that the donor has been informed of the obligation of the registrant under subsection (e) to dispose of the human body or human body part. (C) The date and time of the donation or transfer from the donor. (D) The name of the person, including any trade or business name, who transferred the human body or human body part to the registrant, if applicable. (E) The full name and most recent address of the donor. (F) A description of the human body or human body part being acquired or transferred. (G) The medical history of the donor, including the autopsy report if an autopsy was conducted. (H) The identity and address of each person that has been in possession of the human body or human body part prior to the registrant, including any funeral home, coroner, hospital, organ procurement organization, or tissue bank. (I) Documentation of the use and disposition of each human body or human body part by the registrant. (J) Documentation of the name and address of each person to whom the registrant transfers such human body or human body part. (d) Labeling and packaging (1) In general A registrant shall ensure that all human bodies and human body parts in the possession of, or transferred by, a registrant are labeled and packaged in accordance with paragraphs (2) and (3) and that a proper chain of custody is maintained. (2) Labeling requirements (A) Placement The labeling required by paragraph (1) shall be affixed beneath the outer packaging. (B) Contents The labeling required by paragraph (1) shall contain such information as the Secretary may by regulation require consistent with any applicable Federal privacy provisions. Unless the Secretary specifies otherwise by regulation, a label under paragraph (1) shall include the following: (i) The proper name of the donor. (ii) A description of the contents of the packaging, indicating whether it is a human body or human body parts, including a list of all such parts. (iii) The name, address, and any applicable license or registration number of the person transferring the human body or human body part. (iv) The tissue types of the human body or human body part. (v) The cause of death of the donor, if applicable and known. (vi) Serological test results, if any such results exist. (vii) Record of the presence of radioactive materials or implants. (viii) Any known infectious disease agents of such human body or human body part. (ix) A statement about the use of personal protective equipment and universal precautions when handling a human body or human body part as required by law. (x) The statement not for transplantation (3) Packaging requirements Each human body or human body part described in paragraph (1) shall be wrapped and packaged in such manner as the Secretary may by regulation require. Unless the Secretary specifies otherwise by regulation, each such human body or human body part shall be wrapped and packaged in a manner that— (A) mitigates potential contamination and cross contamination; (B) mitigates potential safety hazards; (C) is sealed to prevent leakage; and (D) ensures the integrity of the human body or human body part. (e) Limitations on use and disclosure of information Individually identifiable information relating to the donor of a human body or human body part acquired or transferred pursuant to a registration under this section shall be used and disclosed only for such purposes (including the return of remains for burial) as the Secretary may explicitly authorize by regulation. (f) Disposition The registrant shall ensure the proper disposition of a human body or human body part, in accordance with applicable Federal and State law, by— (1) returning the human body or human body part to a relative or personal representative of the donor or carrying out the disposition of such human body or human body part in accordance with the written instructions of the person or persons with the right to control the disposition of the human body or body parts; or (2) if the registrant is transferring the human body or human body part to another person, contracting with such person to assume the obligation described in paragraph (1). (g) Violations (1) In general Any person who violates a requirement of this section shall be fined in accordance with title 18, United States Code. (2) Revocation of registration The Secretary may suspend or revoke the registration of any registrant found to be in violation of this section. (3) Alteration or falsification of label It shall be a violation of this section for any person to alter or falsify any information in a label required by subsection (d). (h) Definitions In this section: (1) Donor The term donor (2) Education The term education (3) Human body The term human body (4) Human body part The terms human body part body part (A) blood drawn for medical purposes; or (B) a growing cell line. (5) Research The term research . (b) Rule of applicability The amendments made by this section shall apply with respect to any acquisition or transfer of a human body or human body parts after the date that is 2 years after the date of the enactment of this Act.

Consensual Donation and Research Integrity Act of 2023

Georgia Citrus Development Act of 2023 This bill modifies the membership of the Citrus Disease Subcommittee of the Department of Agriculture's Specialty Crop Committee and reauthorizes the subcommittee through FY2028. Specifically, the bill increases the subcommittee membership (domestic producers of citrus in a state) to 12 members and requires one of the members to represent Georgia. Currently, the subcommittee must include 11 members, with 5 members representing Arizona or California, 5 representing Florida, and 1 member representing Texas.

118 S2192 IS: Georgia Citrus Development Act of 2023 U.S. Senate 2023-06-22 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 2192 IN THE SENATE OF THE UNITED STATES June 22, 2023 Mr. Ossoff Committee on Agriculture, Nutrition, and Forestry A BILL To amend the National Agricultural Research, Extension, and Teaching Policy Act of 1977 to include representation of the State of Georgia on the Citrus Disease Subcommittee of the Specialty Crops Committee, and for other purposes. 1. Short title This Act may be cited as the Georgia Citrus Development Act of 2023 2. Representation of Georgia on Citrus Disease Subcommittee Section 1408A(a)(2) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 ( 7 U.S.C. 3123a(a)(2) (1) in subparagraph (B)— (A) in the matter preceding clause (i), by striking 11 12 (B) by adding at the end the following: (iv) One of such members shall represent Georgia. ; and (2) in subparagraph (D), by striking 2023 2028

Georgia Citrus Development Act of 2023

Diesel Emissions Reduction Act of 2023 This bill reauthorizes through FY2029 a diesel emissions reduction program under which the Environmental Protection Agency provides grants, rebates, or loans for replacing diesel engines or retrofitting the engines with pollution control technologies.

118 S2195 IS: Diesel Emissions Reduction Act of 2023 U.S. Senate 2023-06-22 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 2195 IN THE SENATE OF THE UNITED STATES June 22, 2023 Mr. Carper Mrs. Capito Mr. Booker Mr. Barrasso Committee on Environment and Public Works A BILL To amend the Energy Policy Act of 2005 to reauthorize the diesel emissions reduction program. 1. Short title This Act may be cited as the Diesel Emissions Reduction Act of 2023 2. Reauthorization of diesel emissions reduction act Section 797(a) of the Energy Policy Act of 2005 ( 42 U.S.C. 16137(a) 2024 2029

Diesel Emissions Reduction Act of 2023

Supporting Military Voters Act This bill requires the Government Accountability Office (GAO) to study and report on access to voting for uniformed services voters. Specifically, the GAO must analyze the effectiveness of the federal government in carrying out the Uniformed and Overseas Citizens Absentee Voting Act to promote access to voting for absent uniformed services voters, and study ways to improve access to voter registration information and assistance for members of the Armed Forces and their family members.

118 S2197 IS: Supporting Military Voters Act U.S. Senate 2023-06-22 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 2197 IN THE SENATE OF THE UNITED STATES June 22, 2023 Ms. Klobuchar Mrs. Fischer Committee on Rules and Administration A BILL To require the Comptroller General of the United States to conduct a study of the effectiveness of the Federal Government in carrying out its responsibilities under the Uniformed and Overseas Citizens Absentee Voting Act to promote access to voting for absent uniformed services voters and an analysis of means for improving access to voter registration information and assistance for members of the Armed Forces and their family members, and for other purposes. 1. Short title This Act may be cited as the Supporting Military Voters Act 2. Government Accountability Office report on implementation of Uniformed and Overseas Citizens Absentee Voting Act and improving access to voter registration information and assistance for absent uniformed services voters (a) In general The Comptroller General of the United States shall conduct— (1) an analysis of the effectiveness of the Federal Government in carrying out its responsibilities under the Uniformed and Overseas Citizens Absentee Voting Act ( 52 U.S.C. 20301 et seq. (2) a study on means for improving access to voter registration information and assistance for members of the Armed Forces and their family members. (b) Elements (1) Analysis The analysis required by subsection (a)(1) shall include analysis of the following: (A) Data and information pertaining to the transmission of ballots to absent uniformed services voters. (B) Data and information pertaining to the methods of transmission of voted ballots from absent uniformed services voters, including the efficacy and security of such methods. (C) Data and information pertaining to the treatment by election officials of voted ballots transmitted by absent uniformed services voters, including— (i) the rate at which such ballots are counted in elections; (ii) the rate at which such ballots are rejected in elections; and (iii) the reasons for such rejections. (D) An analysis of the effectiveness of the assistance provided to absent uniformed services voters by Voting Assistance Officers of the Federal Voting Assistance Program of the Department of Defense. (E) A review of the extent of coordination between Voting Assistance Officers and State and local election officials. (F) Information regarding such other issues relating to the ability of absent uniformed services voters to register to vote, vote, and have their ballots counted in elections for Federal office. (G) Data and information pertaining to— (i) the awareness of members of the Armed Forces and their family members of the requirement under section 1566a of title 10, United States Code, that the Secretaries of the military departments provide voter registration information and assistance; and (ii) whether members of the Armed Forces and their family members received such information and assistance at the times required by subsection (c) of that section. (2) Study The study required by subsection (a)(2) shall include the following: (A) An assessment of potential actions to be undertaken by the Secretary of each military department to increase access to voter registration information and assistance for members of the Armed Forces and their family members. (B) An estimate of the costs and requirements to fully meet the needs of members of the Armed Forces for access to voter registration information and assistance. (c) Methods In conducting the analysis and study required by subsection (a), the Comptroller General shall, in cooperation and consultation with the Secretaries of the military departments— (1) use existing information from available government and other public sources; and (2) acquire, through the Comptroller General’s own investigations, interviews, and analysis, such other information as the Comptroller General requires to conduct the analysis and study. (d) Report required Not later than September 30, 2025, the Comptroller General shall submit to the Committee on Rules and Administration of the Senate and the Committee on House Administration of the House of Representatives a report on the analysis and study required by subsection (a). (e) Definitions In this section: (1) Absent uniformed services voter The term absent uniformed services voter 52 U.S.C. 20310 (2) Family member The term family member

Supporting Military Voters Act

Pollinator-Friendly Plant Labeling Act This bill directs the Department of Agriculture (USDA) to establish a voluntary pollinator-friendly plant labeling and certification program. Specifically, a producer (i.e., a nursery or farmer growing a plant or cultivating a seed for sale) may submit an application to USDA for approval to sell or label a plant as a USDA pollinator-friendly plant. To qualify, a plant must (1) be living; (2) have a Natural Resources Conservation Service determination that it is native to the United States and known to be beneficial to pollinators (including providing habitat and forage for pollinators); and (3) be produced without any pesticide or substance prohibited from being used in the production or handling of organic products under the Organic Foods Production Act of 1990. USDA must approve an application for certification if the producer meets the requirements and has been third-party certified. Further, a plant labeled as USDA pollinator-friendly must comply with additional labeling requirements (e.g., include the name of the plant producer and an instruction specifying that distributors and retailers are not permitted to apply any pesticide product to the plant). The bill also provides for USDA investigation and enforcement authority. Any person who knowingly mislabels a plant as USDA pollinator-friendly is subject to a civil penalty.

118 S2199 IS: Pollinator-Friendly Plant Labeling Act U.S. Senate 2023-06-22 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 2199 IN THE SENATE OF THE UNITED STATES June 22, 2023 Mr. Merkley Mr. Wyden Mr. Heinrich Mr. Welch Mr. Padilla Mr. Blumenthal Mrs. Feinstein Mr. Booker Committee on Agriculture, Nutrition, and Forestry A BILL To amend the Agricultural Marketing Act of 1946 to establish a pollinator-friendly plant labeling program, and for other purposes. 1. Short title This Act may be cited as the Pollinator-Friendly Plant Labeling Act 2. Pollinator-friendly plant labeling program Subtitle A of the Agricultural Marketing Act of 1946 ( 7 U.S.C. 1621 et seq. 210B. Pollinator-friendly plant labeling program (a) Definitions In this section: (1) Pesticide The term pesticide 7 U.S.C. 6502 (2) Producer The term producer (3) Secretary The term Secretary (b) Establishment The Secretary shall establish a certification program for producers of pollinator-friendly plants. (c) Certification (1) Applications To be certified under this section, a producer may voluntarily submit to the Secretary an application for the certification. (2) Approval The Secretary shall approve an application for certification submitted under paragraph (1) if the producer— (3) meets the requirements under this section; and (4) has been third-party certified. (d) Eligibility To be sold or labeled as a USDA pollinator-friendly (1) shall be living; (2) shall be, as determined by the Chief of the Natural Resources Conservation Service— (A) native to the United States; and (B) known to be beneficial to pollinators, including providing habitat and forage for pollinators; and (3) may not have been produced using any pesticide or substance (within the meaning of the term in the Organic Foods Production Act of 1990 ( 7 U.S.C. 6501 et seq. (e) Compliance requirements (1) In general A person may sell or label a plant as USDA pollinator-friendly (2) Labeling No person may affix a label to, or provide other market information concerning, a plant if the label or information implies, directly or indirectly, that the plant is USDA pollinator-friendly, except in accordance with this section. (f) Labeling A label affixed, or other market information provided, in accordance with subsection (e)(2)— (1) shall indicate that the plant meets Department of Agriculture standards for being pollinator-friendly; (2) may incorporate the Department of Agriculture seal; (3) shall include the scientific name of the plant and the common name of the plant, if any; (4) shall include the county or ecoregion that the plant species is native to and locally adapted to; (5) shall include the name of the producer of the plant; (6) shall include an instruction that distributors and retailers are not permitted to apply any pesticide product to the plant; (7) shall include a statement relating to the importance of supporting pollinator conservation efforts; and (8) may include— (A) instructions for planting and maintaining the plant to ensure its effectiveness as a resource for pollinators; (B) advice on protecting pollinators visiting the plant from pesticide exposure; and (C) a weblink or digital code, such as a quick response (QR) code, to access a webpage with additional educational information about the plant. (g) Investigations and enforcement Subsections (b) and (c) of section 2120 of the Organic Foods Production Act of 1990 ( 7 U.S.C. 6519 7 U.S.C. 6501 et seq. (h) Effect Nothing in this section supersedes or otherwise affects any State or Federal plant protection or plant quarantine program. .

Pollinator-Friendly Plant Labeling Act

West Coast Ocean Protection Act of 2023 This bill prohibits the Department of the Interior from issuing a lease for the exploration, development, or production of oil or natural gas in any area of the Outer Continental Shelf off the coast of California, Oregon, or Washington.

118 S22 IS: West Coast Ocean Protection Act of 2023 U.S. Senate 2023-01-23 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 22 IN THE SENATE OF THE UNITED STATES January 23 (legislative day, January 3), 2023 Mrs. Feinstein Mr. Padilla Mr. Wyden Mr. Merkley Mrs. Murray Ms. Cantwell Mr. Menendez Mr. Booker Mr. Markey Mr. Sanders Committee on Energy and Natural Resources A BILL To amend the Outer Continental Shelf Lands Act to permanently prohibit the conduct of offshore drilling on the outer Continental Shelf off the coast of California, Oregon, and Washington. 1. Short title This Act may be cited as the West Coast Ocean Protection Act of 2023 2. Prohibition of oil and gas leasing on the outer Continental Shelf off the coast of California, Oregon, and Washington Section 8 of the Outer Continental Shelf Lands Act ( 43 U.S.C. 1337 (q) Prohibition of Oil and Gas Leasing in Certain Areas of the Outer Continental Shelf Notwithstanding any other provision of this section or any other law, the Secretary shall not issue a lease for the exploration, development, or production of oil or natural gas in any area of the outer Continental Shelf off the coast of the State of California, Oregon, or Washington. .

West Coast Ocean Protection Act of 2023

Workforce Mobility Act of 2023 This bill prohibits the use of noncompete agreements in the context of commercial enterprises except under certain circumstances. The first exception is that the seller of a business entity may enter into an agreement to refrain from engaging in a similar business in the geographic area where the business being sold has conducted business prior to the agreement. This exception extends to agreements by senior executive officials who have a severance agreement as part of the conditions of sale (i.e., a buyout provision). Second, a partner of an enterprise may enter into an agreement that, upon dissolution of the partnership or dissociation of the partner from the partnership, the partner will refrain from engaging in a similar business in the geographic areas where the partnership has conducted business prior to the agreement. Commercial enterprises must post notice of the prohibition of noncompete agreements under this bill in a conspicuous area of the workplace and conduct a public awareness campaign to inform the public of the provisions of this bill. The Federal Trade Commission or the Department of Labor shall investigate or enforce the provisions of the bill. Individuals and state attorneys general may also bring civil actions to enforce the provisions of the bill.

118 S220 IS: Workforce Mobility Act of 2023 U.S. Senate 2023-02-01 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 220 IN THE SENATE OF THE UNITED STATES February 1, 2023 Mr. Murphy Mr. Young Mr. Kaine Mr. Cramer Committee on Health, Education, Labor, and Pensions A BILL To prohibit certain noncompete agreements, and for other purposes. 1. Short title This Act may be cited as the Workforce Mobility Act of 2023 2. Findings Congress finds the following: (1) The proliferation of noncompete agreements throughout sectors, occupational categories, and income brackets is contrary to the commitment of Congress to foster stronger wage growth for workers in the United States. Economists now estimate that 1 in 5 workers is covered by a noncompete agreement. (2) Noncompete agreements are blunt instruments that crudely protect employer interests and place a drag on national productivity by forcing covered workers to either idle for long periods of time or leave the industries in which the workers have honed their skills altogether. (3) Enforceable noncompete agreements also reduce wages, restrict worker mobility, impinge on the freedom of a worker to maximize labor market potential, and slow the pace of innovation in the United States. (4) Employers have access to legal recourses to protect their legitimate interests and property, including trade secret protections, intellectual property protections, and nondisclosure agreements that do not inflict broad collateral harm on the labor market prospects for workers. (5) Employers that rely on a list or lists of vendors, customers, or clients that are not easily obtained by an individual through means other than the work relationship have adequate legal protection through the use of trade secret protections and nondisclosure agreements. (6) Noncompete agreements broadly restrict employment options for workers in the United States when more narrowly targeted remedies are readily available to employers. (7) Fostering an environment where employers can flourish is necessary to promote vitality and prosperity in the economy. (8) Employers may retain critical skilled employees while ensuring that disincentives affecting mobility, including noncompete agreements, do not negatively impact the workforce in the United States. 3. Prohibiting noncompete agreements (a) Prohibition (1) In general Except as provided in subsection (b), no person shall enter into, enforce, or attempt to enforce a noncompete agreement with any individual who is employed by, or performs work under contract with, such person with respect to the activities of such person in or affecting commerce. (2) Effect of agreements Except as provided in subsection (b), a noncompete agreement described in paragraph (1) shall have no force or effect. (b) Exceptions (1) Sale of goodwill or ownership interest (A) In general A seller of a business entity may enter into an agreement with the buyer to refrain from carrying on a like business within a specified geographic area described in subparagraph (C), if the buyer, or any person deriving title to the goodwill of the business entity or an ownership interest in the business entity from the buyer, carries on a like business in such specified geographic area. (B) Senior executive officials with severance agreements (i) In general Subject to clause (ii), a buyer or seller of a business entity may enter into a noncompete agreement with a senior executive official who has a severance agreement described in clause (iii) that restricts the senior executive official from performing, within a specified geographic area described in subparagraph (C), any work that is similar to the work that the senior executive official performed for the buyer or seller, if the buyer, or any person deriving title to the goodwill of the business entity or an ownership interest in the business entity from the buyer, carries on a like business in such specified geographic area. (ii) Time-limited agreement A noncompete agreement described in clause (i) may not restrict the senior executive official as described in such clause for a period that is more than one year. (iii) Severance agreement A severance agreement described in this clause is an agreement between the buyer or seller of a business entity and a senior executive official that— (I) is part of the terms and conditions of the sale; and (II) requires monetary compensation for the senior executive official in the event of termination of the employment of the senior executive official at an amount that is not less than the compensation that the senior executive official is or would be reasonably expected to receive from the buyer during the 1-year period following the sale. (C) Specified geographic area A specified geographic area described in this subparagraph is a geographic area— (i) that is specified in an agreement described in subparagraph (A), or a noncompete agreement described in subparagraph (B), regarding a business entity; and (ii) in which such business entity, including any division or subsidiary of such business entity, conducted business prior to the agreement or noncompete agreement. (2) Partnership dissolution or disassociation (A) In general Any partner of a partnership may enter into an agreement with any other member of the partnership that, upon the dissolution of the partnership or dissociation of the partner from such partnership, the partner will refrain from carrying on a like business within a specified geographic area described in subparagraph (B), if any other member of the partnership, or any person deriving title to the partnership or the goodwill of the partnership from any other member of the partnership, carries on a like business in such specified geographic area. (B) Specified geographic area A specified geographic area described in this subparagraph is a geographic area— (i) that is specified in an agreement described in subparagraph (A); and (ii) in which any business of the partnership has been transacted prior to the agreement. 4. Trade secrets Nothing in this Act shall preclude a person from entering into an agreement with an individual who is employed by, or performs work under contract with, such person with respect to the activities of such person in or affecting commerce to not disclose any information (including after the individual is no longer employed or performing work for the person) regarding the person, or the work performed by the individual for the person, that is a trade secret. 5. Notice; public awareness campaign (a) Notice Any person who engages an individual who is employed by, or performs work under contract with, such person with respect to the activities of such person in or affecting commerce shall post and maintain notice of the provisions of this Act— (1) in a conspicuous place on the premises of such person; or (2) in a conspicuous place where notices to employees and applicants for employment are customarily posted physically or electronically by such person. (b) Public awareness campaign The Secretary of Labor may carry out activities to make the public aware of the provisions of this Act. 6. Enforcement (a) Federal Trade Commission (1) Unfair or deceptive acts or practices A violation of section 3 or 5(a) shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act ( 15 U.S.C. 57a(a)(1)(B) (2) Powers of Commission (A) In general The Federal Trade Commission shall enforce sections 3 and 5(a) in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. (B) Privileges and immunities Any person who violates section 3 or 5(a) shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. (C) Authority preserved Nothing in this Act shall be construed to limit the authority of the Federal Trade Commission under any other provision of law. (b) Department of Labor (1) In general The Secretary of Labor— (A) shall investigate as the Secretary determines necessary to determine violations of section 3 or 5(a) by an employer; and (B) may, subject to paragraph (2), bring an action in any court of competent jurisdiction to obtain the legal or equitable relief against an employer on behalf of an individual aggrieved by the violation as may be appropriate to effectuate the purposes of such sections. (2) Statute of limitations An action described in paragraph (1)(B) may not be commenced later than 4 years after the date on which the violation occurred. (3) Regulations Not later than 18 months after the date of enactment of this Act, the Secretary of Labor, in consultation with the Chair of the Federal Trade Commission, shall issue regulations as necessary to carry out this Act, including with respect to the authority of the Secretary of Labor to enforce violations of section 3 or 5(a) in accordance with paragraph (1). (c) Standards for dual enforcement Not later than 1 year after the date of enactment of this Act, the Federal Trade Commission and the Secretary of Labor shall, for the purposes of enforcing this Act— (1) develop shared standards for consistent enforcement; and (2) identify the scope of responsibility of the Federal Trade Commission and such scope of the Secretary of Labor to ensure complementary enforcement of this Act. (d) Reporting violations (1) In general The Federal Trade Commission and the Secretary of Labor shall each establish a system to receive complaints by individuals regarding alleged violations of section 3. (2) Confidentiality Except as otherwise required by law, the Federal Trade Commission and the Secretary of Labor may not disclose the identity or identifying information of any individual providing a complaint under paragraph (1), without explicit consent from the individual. (e) Private right of action (1) In general An individual who is aggrieved by a violation of this Act may bring a civil action in any appropriate district court of the United States. (2) Relief In a civil action under paragraph (1), a court may award— (A) any actual damages sustained by the individual as a result of the violation; and (B) in the case of any successful action, the costs of the action and reasonable attorney’s fees, as determined by the court. (f) Enforcement by States (1) In general In any case in which the attorney general of a State has reason to believe that an interest of the residents of the State has been or is threatened or adversely affected by any person who violates any provision of section 3 or 5(a) or any rule promulgated under this Act to carry out such section, the attorney general of the State, as parens patriae, may bring a civil action on behalf of the residents of the State in an appropriate State court or an appropriate district court of the United States to— (A) enjoin any further such violation by the person; (B) compel compliance with section 3 or 5(a) or any such rule; (C) obtain a permanent, temporary, or preliminary injunction; (D) obtain damages, restitution, or other compensation on behalf of the residents of the State; or (E) obtain any other appropriate equitable relief. (2) Preservation of state powers Nothing in this subsection shall be construed as altering, limiting, or affecting the authority of the attorney general of a State to— (A) bring an action or other regulatory proceeding arising solely under the laws in effect in that State; or (B) exercise the powers conferred on the attorney general by the laws of the State, including the ability to conduct investigations, administer oaths or affirmations, or compel the attendance of witnesses or the production of documentary or other evidence. (g) Arbitration and class action Notwithstanding any other provision of law, no predispute arbitration agreement or predispute joint-action waiver shall be valid or enforceable with respect to any alleged violation of section 3 or 5(a). 7. Reports Not later than 1 year after the date on which the Secretary of Labor issues any regulations under section 6(b)(3), the Federal Trade Commission and the Secretary of Labor shall each submit to Congress a report on any actions taken by the Federal Trade Commission or Secretary, respectively, to enforce the provisions of this Act. 8. Definitions For purposes of this Act: (1) Business entity The term business entity (2) Buyer The term buyer (3) Class action The term class action (4) Commerce The term commerce 29 U.S.C. 203 (5) Employ; Employee; employer The terms employ employee employer 29 U.S.C. 203 (6) Noncompete agreement The term noncompete agreement (A) any work for another person for a specified period of time; (B) any work in a specified geographical area; or (C) any work for another person that is similar to such individual's work for the person that is a party to such agreement. (7) Owner of a business entity The term owner of a business entity (A) in the case of a business entity that is a partnership (including a limited partnership or a limited liability partnership), any partner; (B) in the case of a business entity that is a limited liability company (including a series of a limited liability company formed under the laws of a jurisdiction that recognizes such a series), any member of such company; or (C) in the case of a business entity that is a corporation, a capital stockholder of the business entity who owns not less than 5 percent of the capital stock. (8) Ownership interest The term ownership interest (A) in the case of a business entity that is a partnership (including a limited partnership or a limited liability partnership), a partnership interest; (B) in the case of a business entity that is a limited liability company (including a series of a limited liability company formed under the laws of a jurisdiction that recognizes such a series), a membership interest; or (C) in the case of a business entity that is a corporation, not less than 5 percent of the capital stock of the business entity or, as applicable, a subsidiary of the business entity. (9) Person The term person 29 U.S.C. 203 (10) Predispute arbitration agreement The term predispute arbitration agreement (11) Predispute joint-action waiver The term predispute joint-action waiver (12) Qualified asset or interest The term qualified asset or interest (A) all or substantially all of the operating assets and the goodwill of the business entity; (B) all or substantially all of the operating assets of a division, or a subsidiary, of the business entity and the goodwill of that division or subsidiary; or (C) all of the ownership interest of any subsidiary of the business entity. (13) Sale The term sale (14) Seller The term seller (15) Senior executive official The term senior executive official (A) who was employed by the seller in such sale; (B) who was responsible for making or directing major decisions of the seller; and (C) whose rate of compensation was in the highest 10 percent of the compensation rates for all employees of the seller. (16) Trade secret The term trade secret

Workforce Mobility Act of 2023

American Cybersecurity Literacy Act This bill requires the National Institute of Standards and Technology to develop and conduct a cybersecurity literacy campaign to increase knowledge and awareness of best practices to reduce cybersecurity risks.

117 S2699 IS: American Cybersecurity Literacy Act U.S. Senate 2021-08-10 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 117th CONGRESS 1st Session S. 2699 IN THE SENATE OF THE UNITED STATES August 10, 2021 Ms. Klobuchar Mr. Thune Committee on Commerce, Science, and Transportation A BILL To establish a cybersecurity literacy campaign, and for other purposes. 1. Short title This Act may be cited as the American Cybersecurity Literacy Act 2. Sense of Congress It is the sense of the Congress that the United States has a national security and economic interest in promoting cybersecurity literacy amongst the general public. 3. Establishment of cybersecurity literacy campaign (a) In general The Assistant Secretary for Communications and Information (referred to in this section as the Assistant Secretary (b) Campaign To reduce cybersecurity risks, the Assistant Secretary shall— (1) identify the critical areas of an IT system that present cybersecurity risks and educate people in the United States on how to prevent and mitigate such attacks by— (A) instructing such people on how to identify— (i) phishing emails; and (ii) secure websites; (B) instructing such people on the need to change default passwords on hardware and software technology; (C) encouraging the use of cybersecurity tools, including— (i) multi-factor authentication; (ii) complex passwords; (iii) firewalls; and (iv) anti-virus software; (D) identifying the devices that could pose possible cybersecurity risks, including— (i) personal computers; (ii) smartphones; (iii) tablets; (iv) Wi-Fi routers; and (v) smart home appliances; (E) encouraging such people to— (i) regularly review mobile application permissions; (ii) decline privilege requests from mobile applications that are unnecessary; (iii) download applications only from trusted vendors or sources; and (iv) connect internet of things or devices to a separate and dedicated network; and (F) identifying the potential cybersecurity risks of using publicly available Wi-Fi networks and the methods a user may utilize to limit such risks; and (2) direct people and businesses in the United States to Federal resources to help mitigate the cybersecurity risks identified in this subsection.

American Cybersecurity Literacy Act

Atmospheric Rivers Reconnaissance, Observation, and Warning Act or the ARROW Act This bill requires the 53rd Weather Reconnaissance Squadron of the Air Force Reserve Command and the National Oceanic and Atmospheric Administration to provide aircraft, personnel, and equipment to meet the mission requirements for winter season atmospheric river reconnaissance on the U.S. west coast annually from November 1 through March 31. Among other activities, the squadron must improve the accuracy and timeliness of atmospheric river forecasts and warning services on the west coast.

118 S2736 IS: ARROW Act U.S. Senate 2023-09-07 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 2736 IN THE SENATE OF THE UNITED STATES September 7, 2023 Mr. Barrasso Mrs. Blackburn Mr. Braun Mr. Budd Mr. Cotton Mr. Crapo Mr. Cruz Mr. Daines Ms. Ernst Mrs. Fischer Mr. Graham Mrs. Hyde-Smith Mr. Kennedy Ms. Lummis Mr. Marshall Mr. Scott of Florida Mr. Ricketts Mr. Risch Mr. Rounds Mr. Schmitt Mr. Sullivan Mr. Wicker Mr. Hawley Mr. Cramer Mr. Thune Ms. Collins Ms. Murkowski Committee on Health, Education, Labor, and Pensions A BILL To clarify that section 8526(7) of the Elementary and Secondary Education Act of 1965 does not apply with respect to the use of funds for sports clubs, teams, training, or related activities provided for students. 1. Short title This Act may be cited as the Allowing for Recreational Resources for Outdoor Wellness Act ARROW Act 2. Exception Section 8526(7) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7906(7) , except that this paragraph shall not apply to the use of funds under this Act for sports clubs, teams, training, or related activities provided for students

ARROW Act

Manufactured Housing Tenant's Bill of Rights Act of 2023 This bill requires manufactured housing communities and home parks to meet minimum consumer protections to be eligible for certain federally-backed loans for the construction, substantial rehabilitation, or purchase of these communities. Specifically, the Department of Housing and Urban Development is prohibited from insuring such a loan, and Fannie Mae and Freddie Mac are prohibited from purchasing such a loan, unless a borrower provides specified tenant protections, including one-year renewable lease terms, unless there is good cause for nonrenewal; at least a 60-day advance notice of any increase in rent, or of a sale or closure of the community; a five-day grace period for rent payments; and a right for a tenant to sell a manufactured home within a reasonable time period after eviction. The bill sets forth penalties for violations of these protections. The bill also establishes the Manufactured Home Company Lending Standards Commission to propose additional consumer protection standards.

118 S2204 IS: Manufactured Housing Tenant’s Bill of Rights Act of 2023 U.S. Senate 2023-06-22 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 2204 IN THE SENATE OF THE UNITED STATES June 22, 2023 Mrs. Shaheen Mr. Blumenthal Mr. Fetterman Committee on Banking, Housing, and Urban Affairs A BILL To ensure that federally backed financing for the construction, rehabilitation, or purchase of manufactured home communities is available only for communities whose owner has implemented minimum consumer protections in the lease agreements with residents of all manufactured home communities owned by such owner, and for other purposes. 1. Short title This Act may be cited as the Manufactured Housing Tenant’s Bill of Rights Act of 2023 2. Definitions For purposes of this Act, the following definitions shall apply: (1) Affiliate Except as provided by the Secretary or the Director, as applicable, the term affiliate (2) Covered loan program The term covered loan program (A) The program under section 207 of the National Housing Act ( 12 U.S.C. 1713 (B) The program of the Federal National Mortgage Association for multifamily loans for manufactured housing communities. (C) The program of the Federal Home Loan Mortgage Corporation for loans for manufactured housing communities. (3) Covered pricing incentive The term covered pricing incentive (4) Director The term Director (5) Enterprise The term enterprise 12 U.S.C. 4502 (6) Manufactured home The term manufactured home (A) has the meaning given the term in section 603 of the National Manufactured Housing Construction Safety and Standards Act of 1976 ( 42 U.S.C. 5402 (B) includes any structure described in such section 603 without regard to— (i) whether the structure complies with any standards under such Act; and (ii) the date of the manufacture of the structure. (7) Manufactured home community The term manufactured home community (8) Secretary The term Secretary 3. Requirements for covered loan programs (a) Requirements On and after the date that is 180 days after the date of enactment of this Act, no loan shall be eligible for insurance by the Secretary or purchase by an enterprise, as applicable, under a covered loan program unless— (1) the borrower under the loan certifies to the Secretary or the applicable enterprise that the borrower will include, in any lease agreement for a pad site, or a pad site and manufactured home, located in any manufactured home community that the borrower or an affiliate of the borrower owns, the minimum consumer protections described in subsection (b); and (2) the borrower complies with regulations issued by the Secretary or the Director, as applicable, that require the borrower to submit documentation to the Secretary, or to the applicable enterprise and the Director, that is sufficient, as determined by the Secretary or the Director, to ensure that the borrower is complying with the certification described in paragraph (1), which shall include a copy of the standard lease agreement used by the borrower that includes the minimum protections described in subsection (b). (b) Minimum consumer protections (1) In general The minimum consumer protections described in this subsection are as follows: (A) 1-year lease terms that are renewable for additional 1-year terms unless there is good cause for non-renewal. (B) (i) A right to receive written notice of any newly required charges (including water and other utilities) or increase in the rents for pad sites, or pad sites and manufactured homes, located in the community, including a written justification of the increase with information on increases in the costs of operating, maintaining, or improving the community. (ii) A written notice described in clause (i) shall— (I) be provided to the tenant not less than 60 days before the effective date of any newly required charge or increase in the rents, except that, in the case of any increase exceeding 5 percent of the previous monthly rent, an additional 30-days notice shall be provided for each additional 2.5-percent increase in the rent; and (II) include identification of the amount of, and a description of, any newly required charges (including water and other utilities) that the tenant is not currently responsible for but will be responsible for upon the rent increase and, if available, an estimate of the monthly amount of those charges. (iii) For purposes of the calculation in clause (i)(I)— (I) the amount of any increase in the monthly rent for a dwelling unit shall be considered to include any newly required charges described in clause (i)(II); and (II) any newly required charges without an estimate of the monthly amount shall be estimated at 5 percent of the previous monthly rent. (C) A 5-day grace period for rent payments. (D) A right to cure defaults on rent payments within 15 days of the due date. (E) A right for a tenant who owns a manufactured home to sell a manufactured home owned by the tenant without having to first relocate the manufactured home out of the community. (F) A right for a tenant who owns a manufactured home to sell a manufactured home owned by the tenant in place within a reasonable time period, but not earlier than 45 days, after eviction by the owner of the manufactured housing community. (G) A right for a tenant who owns a manufactured home— (i) to sublease or assign the pad site lease for the unexpired term to a new buyer of the manufactured home unless the prospective tenant fails to meet the reasonable and uniformly applied application criteria of the manufactured housing community; and (ii) in such a case of denial, a right to written notice provided by the owner of the manufactured housing community informing the tenant of the denial and the prospective tenant of the denial and the specific reason or reasons for denial. (H) A right for a tenant who owns a manufactured home to post For Sale (I) A right to receive 60-day advance written notice of the planned sale or closure of the manufactured housing community, which shall— (i) include the price, terms and conditions for the sale of the manufactured housing community; and (ii) provide that— (I) no final acceptance of an offer to sell the manufactured housing community may be made for 60 days; and (II) the owner shall negotiate in good faith with the tenants if they wish to purchase the manufactured housing community during that 60-day period; (J) (i) A right against termination of tenancy except in cases in which a tenant engages in a material noncompliance with the rental agreement, a tenant commits a material violation of the manufactured home community reasonable rules or regulations, or the community has a material, legitimate, and uniformly applied business reason for termination that was included in the lease agreement as grounds for termination. (ii) In the case of a termination described in clause (i), a right to written notice provided by the owner of the community informing the tenant of the termination and the specific reason or reasons for termination. (2) Rule of construction Nothing in this subsection may be construed to annul, alter, or affect any State or local law providing greater protections to tenants of manufactured home communities than the protections afforded under this subsection. (c) Pricing incentives (1) In general Any covered pricing incentive offered for loans purchased under a covered loan program on or after the date that is 180 days after the date of enactment of this Act shall reward implementation of resident protections that are more protective than those specified in subsection (b). (2) Prohibition Any covered pricing incentive described in paragraph (1) that does not comply with the requirement described in that paragraph may not be offered for any loan purchased under a covered loan program on or after the date that is 180 days after the date of enactment of this Act. (d) Publication (1) In general The Secretary and Director shall make the list of properties covered by the protections described in subsection (b) publicly available on a single website. (2) Other covered properties Properties that are covered as of the date of enactment of this Act by the Federal National Mortgage Association’s Tenant Site Lease Protections or the Federal Home Loan Mortgage Corporation’s MHC Tenant Protections shall— (A) be made publicly available; and (B) include an explanation of the differences between those protections and the minimum consumer protections described in subsection (b). (e) Penalties (1) In general The Secretary and Director shall— (A) prohibit a borrower or an affiliate of the borrower from securing future federally backed financing or other housing-related Federal assistance for a period of not less than 2 years beginning on the date of the violation or failure if the borrower or affiliate, as applicable, willfully and materially— (i) violates a consumer protection described in subsection (b); or (ii) fails to include the consumer protections described in subsection (b) in any lease agreement; and (B) determine appropriate penalties for any borrower who fails to— (i) include the consumer protections described in subsection (b) in any lease agreement; or (ii) comply with a lease agreement including the protections described in subsection (b). (2) Nature of penalties The penalties determined under paragraph (1)(B) shall be in addition to minimum payments to the injured tenant as follows: (A) For a material violation of subparagraph (A) or (J) of subsection (b)(1), 6 months of the current monthly rent. (B) For a material violation of subsection (b)(1)(B), any increased rent must be paid back to the tenant with interest, plus 25 percent. (C) For a material violation of subsection (b)(1)(C), any penalties or late fees must be paid back to the tenant with interest, plus 25 percent. (D) For a material violation of subparagraph (D), (E), or (F) of subsection (b)(1), the greater of— (i) the sale price of the manufactured home, if the borrower or an affiliate sells it within 12 months of the violation; or (ii) 12 months of the prior monthly rent. (E) For a material violation of subparagraph (G) or (H) of subsection (b)(1), the total remaining monthly rent owed on the tenant’s lease. (F) For a material violation of subsection (b)(1)(I), the greater of 2 months rent or 10 percent of the sale price of the community divided by the number of tenants in the manufactured housing community. 4. Manufactured Home Company Lending Standards Commission (a) Establishment There is established a commission to be known as the Manufactured Home Company Lending Standards Commission. (b) Duties (1) Proposed standards Not later than 1 year after the date of enactment of this Act, the Commission shall submit to Congress, the Secretary, and the Director a report that sets forth proposed consumer protection standards for covered loan programs that— (A) are in addition to and provide greater protection than the requirements described in section 3(b); and (B) could be used as a basis for establishing covered pricing incentives under the covered loan programs that comply with section 3(c). (2) Standard for determinations Any determination by the Commission to approve a consumer protection in the proposed standards required under paragraph (1) shall be made by a vote of a simple majority of the members of the Commission. (c) Membership (1) Number and appointment The Commission shall be composed of 16 members, as follows: (A) The Secretary (or the Secretary’s designee). (B) The Director (or the Director’s designee). (C) 1 representative from each enterprise. (D) 3 each shall be appointed by the Speaker of the House of Representatives, the minority leader of the House of Representatives, the majority leader of the Senate, and the minority leader of the Senate. Of the 3 members appointed by each such officer— (i) 1 shall be employed at the time of appointment as a professor or academic researcher with demonstrated background in housing and consumer protection issues, especially as they relate to manufactured housing; (ii) 1 shall be a current or former member of Congress; and (iii) 1 shall be a current resident and homeowner at a manufactured housing community. (2) Chairperson and co-chairperson (A) Chairperson The chairperson of the Commission shall be designated by the President from among the members of the Commission. (B) Co-chairperson The co-chairperson of the Commission shall be selected as follows: (i) Designation by Speaker of the House If, on the date of appointment, the Speaker of the House of Representatives is of a different political party than the President, the Speaker of the House of Representatives shall designate the co-chairperson from among the members of the Commission. (ii) Designation by minority leader of the House If, on the date of appointment, the Speaker of the House of Representatives is of the same political party as the President, the minority leader of the House of Representatives shall designate the co-chairperson from among the members of the Commission. (3) Timing of appointments Appointments to the Commission shall be made not later than 45 days after the date of enactment of this Act. (4) Terms; vacancies (A) Terms Each member shall be appointed for the life of the Commission. (B) Vacancies Any vacancy in the Commission shall— (i) not affect the powers of the Commission; and (ii) be filled within 45 days of the vacancy in the manner in which the original appointment was made. (5) Hearings (A) In general In carrying out the duties of the Commission under this section, the Commission is authorized to hold such hearings and take testimony with respect to matters to which it has a responsibility under this section. (B) Oaths The chairperson of the Commission, or any member of the Commission authorized by the chairperson, may administer oaths or affirmations to witnesses appearing before the Commission. (6) Prohibition of compensation Members of the Commission shall serve without pay. (d) Operation and powers (1) Meetings The Commission shall meet not later than 30 days after the date upon which a majority of the members of the Commission have been appointed and at such times thereafter as the chairperson or co-chairperson shall determine. Detailed minutes of each meeting of the Commission, except for any closed session, shall be kept and shall include a record of the persons present and a complete and accurate description of matters discussed. (2) Rules of procedure The chairperson and co-chairperson of the Commission shall, with the approval of a majority of the members of the Commission, establish written rules of procedure for the Commission, which shall include a quorum requirement to conduct the business of the Commission. (3) Hearings (A) Frequency The Commission shall hold no fewer than 2 hearings on matters to carry out the duties of the Commission under subsection (b). (B) Testimony The Commission may take testimony and receive evidence as the Commission considers appropriate. (C) Notice (i) Hearings Timely public notice of each hearing of the Commission, including the time, place, and agenda of the meeting, shall be provided by any means determined by the Commission to provide for wide publicity. (ii) Meetings Timely notice of each regular meeting of the Commission shall be published in the Federal Register. (iii) Comments Interested persons shall be permitted to submit written statements regarding the matters on the agenda of the hearings of the Commission. 5. Funding (a) Prohibition No additional funds are authorized to be appropriated to carry out this Act. (b) Use of existing funds Any expenses required to carry out this Act shall be funded using amounts otherwise available to the Department of Housing and Urban Development or to the Federal Housing Finance Agency. 6. Termination The Commission shall terminate upon the submission of the report required under section 4(b). 7. Standard lease (a) In general The Director shall, in consultation with the enterprises, develop a standard site-lease agreement that the enterprises will certify provides sufficient certainty to ensure that homes in manufacture housing communities utilizing the standard lease will be eligible for purchase under the single-family mortgage programs of the enterprises. (b) Submission to Congress Not later than 1 year after the date of enactment of this Act, the Director shall submit to the Committee on Banking, Housing, and Urban Affairs and the Committee on Financial Services of the House of Representatives a copy of the standard site-lease agreement developed under subsection (a).

Manufactured Housing Tenant’s Bill of Rights Act of 2023

DEI Pay Cap Act of 2023 This bill prohibits the Department of Defense (DOD) from appointing or employing a military or civilian employee with a rank or grade in excess of E-5 base pay or GS-5 (not adjusted for locality) for any position with specified diversity, equity, and inclusion components. Specifically, DOD may not appoint such individuals to positions with duties that include (1) developing and implementing diversity, equity and inclusion policy; (2) leading working groups and councils to develop diversity, equity, and inclusion goals and objectives to measure performance and outcomes; and (3) creating and implementing diversity, equity, and inclusion education, training, and workshops for military and civilian personnel. Any military or civilian employee who has been appointed to such a position and holds a rank or grade in excess of E-5 or GS-5 must be reassigned to another position not later than 180 days after the enactment of this bill.

118 S221 IS: DEI Pay Cap Act of 2023 U.S. Senate 2023-02-01 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 221 IN THE SENATE OF THE UNITED STATES February 1, 2023 Mr. Cotton Committee on Armed Services A BILL To restrict the appointment of certain military personnel to diversity, equity, and inclusion positions. 1. Short title This Act may be cited as the DEI Pay Cap Act of 2023 2. Diversity, equity, and inclusion personnel grade cap (a) In general The Secretary of Defense may not appoint to, or otherwise employ in, any position with duties as described in subsection (b) a military or civilian employee with a rank or grade in excess of E–5 base pay or GS–5 not adjusted for locality. (b) Covered duties The duties referred to in subsection (a) are as follows: (1) Developing, refining, and implementing diversity, equity, and inclusion policy. (2) Leading working groups and councils to develop diversity, equity, and inclusion goals and objectives to measure performance and outcomes. (3) Creating and implementing diversity, equity, and inclusion education, training courses, and workshops for military and civilian personnel. (c) Applicability to current employees Any military or civilian employee appointed to a position with duties described in subsection (b) who holds a rank or grade in excess of that allowed under subsection (a) shall be reassigned to another position not later than 180 days after the date of the enactment of this Act.

DEI Pay Cap Act of 2023

Iran Sanctions Relief Review Act This bill restricts the President's authority to unilaterally undertake certain actions with respect to Iran and increases congressional oversight of those actions. Specifically, the President must report to Congress before terminating or waiving sanctions related to Iran or taking a licensing action that significantly alters U.S. foreign policy with respect to Iran. Each report must (1) describe the proposed action and its rationale, and (2) indicate whether or not the action is intended to significantly alter foreign policy concerning Iran. If the intention is to alter that policy, the report must provide additional information about the policy objectives and anticipated effects of the action. After the President submits a report, the bill provides Congress with a 30-day period to review it; this period is extended to 60 days for reports submitted between July 10 and September 7. During this period, Congress may enact a joint resolution approving or disapproving the action. During the review period, the President may not take the action unless Congress passes a joint resolution of approval; if Congress enacts a joint resolution of disapproval, the bill prohibits the President from taking the action. The bill also outlines procedures for the introduction and consideration of these types of joint resolutions.

104 S2210 IS: Iran Sanctions Relief Review Act U.S. Senate 2023-06-22 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 2210 IN THE SENATE OF THE UNITED STATES June 22, 2023 Mr. Hagerty Mr. Risch Mr. Wicker Mr. Rubio Mr. Scott of South Carolina Mr. Thune Mr. Cruz Mr. Cotton Mr. Graham Mr. Cornyn Mr. Barrasso Mr. Grassley Mr. Young Mr. Cassidy Mr. Lankford Mr. Marshall Mr. Kennedy Mr. Crapo Mr. Tuberville Mr. Rounds Mr. Braun Mr. Hoeven Ms. Collins Mrs. Hyde-Smith Mr. Boozman Mrs. Capito Mr. Tillis Mr. Ricketts Mr. Hawley Mr. Moran Mrs. Britt Mr. Romney Mr. Scott of Florida Committee on Foreign Relations A BILL To provide for congressional review of actions to terminate or waive sanctions imposed with respect to Iran. 1. Short title This Act may be cited as the Iran Sanctions Relief Review Act 2. Congressional review of certain actions relating to sanctions imposed with respect to Iran (a) Submission to congress of proposed action (1) In general Notwithstanding any other provision of law, before taking any action described in paragraph (2), the President shall submit to the appropriate congressional committees and leadership a report that describes the proposed action and the reasons for that action. (2) Actions described (A) In general An action described in this paragraph is— (i) an action to terminate the application of any sanctions described in subparagraph (B); (ii) with respect to sanctions described in subparagraph (B) imposed by the President with respect to a person, an action to waive the application of those sanctions with respect to that person; or (iii) a licensing action that significantly alters United States foreign policy with respect to Iran. (B) Sanctions described The sanctions described in this subparagraph are sanctions with respect to Iran provided for under— (i) the Iran Sanctions Act of 1996 ( Public Law 104–172 50 U.S.C. 1701 (ii) the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 ( 22 U.S.C. 8501 et seq. (iii) section 1245 of the National Defense Authorization Act for Fiscal Year 2012 ( 22 U.S.C. 8513a (iv) the Iran Threat Reduction and Syria Human Rights Act of 2012 ( 22 U.S.C. 8701 et seq. (v) the Iran Freedom and Counter-Proliferation Act of 2012 ( 22 U.S.C. 8801 et seq. (vi) the International Emergency Economic Powers Act ( 50 U.S.C. 1701 (vii) any other statute or Executive order that requires or authorizes the imposition of sanctions with respect to Iran. (3) Description of type of action Each report submitted under paragraph (1) with respect to an action described in paragraph (2) shall include a description of whether the action— (A) is not intended to significantly alter United States foreign policy with respect to Iran; or (B) is intended to significantly alter United States foreign policy with respect to Iran. (4) Inclusion of additional matter (A) In general Each report submitted under paragraph (1) that relates to an action that is intended to significantly alter United States foreign policy with respect to Iran shall include a description of— (i) the significant alteration to United States foreign policy with respect to Iran; (ii) the anticipated effect of the action on the national security interests of the United States; and (iii) the policy objectives for which the sanctions affected by the action were initially imposed. (B) Requests from banking and financial services committees The Committee on Banking, Housing, and Urban Affairs of the Senate or the Committee on Financial Services of the House of Representatives may request the submission to the Committee of the matter described in clauses (ii) and (iii) of subparagraph (A) with respect to a report submitted under paragraph (1) that relates to an action that is not intended to significantly alter United States foreign policy with respect to Iran. (5) Confidentiality of proprietary information Proprietary information that can be associated with a particular person with respect to an action described in paragraph (2) may be included in a report submitted under paragraph (1) only if the appropriate congressional committees and leadership provide assurances of confidentiality, unless that person otherwise consents in writing to such disclosure. (6) Rule of construction Paragraph (2)(A)(iii) shall not be construed to require the submission of a report under paragraph (1) with respect to the routine issuance of a license that does not significantly alter United States foreign policy with respect to Iran. (b) Period for review by congress (1) In general During the period of 30 calendar days beginning on the date on which the President submits a report under subsection (a)(1)— (A) in the case of a report that relates to an action that is not intended to significantly alter United States foreign policy with respect to Iran, the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives should, as appropriate, hold hearings and briefings and otherwise obtain information in order to fully review the report; and (B) in the case of a report that relates to an action that is intended to significantly alter United States foreign policy with respect to Iran, the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives should, as appropriate, hold hearings and briefings and otherwise obtain information in order to fully review the report. (2) Exception The period for congressional review under paragraph (1) of a report required to be submitted under subsection (a)(1) shall be 60 calendar days if the report is submitted on or after July 10 and on or before September 7 in any calendar year. (3) Limitation on actions during initial congressional review period Notwithstanding any other provision of law, during the period for congressional review provided for under paragraph (1) of a report submitted under subsection (a)(1) proposing an action described in subsection (a)(2), including any additional period for such review as applicable under the exception provided in paragraph (2), the President may not take that action unless a joint resolution of approval with respect to that action is enacted in accordance with subsection (c). (4) Limitation on actions during presidential consideration of a joint resolution of disapproval Notwithstanding any other provision of law, if a joint resolution of disapproval relating to a report submitted under subsection (a)(1) proposing an action described in subsection (a)(2) passes both Houses of Congress in accordance with subsection (c), the President may not take that action for a period of 12 calendar days after the date of passage of the joint resolution of disapproval. (5) Limitation on actions during congressional reconsideration of a joint resolution of disapproval Notwithstanding any other provision of law, if a joint resolution of disapproval relating to a report submitted under subsection (a)(1) proposing an action described in subsection (a)(2) passes both Houses of Congress in accordance with subsection (c), and the President vetoes the joint resolution, the President may not take that action for a period of 10 calendar days after the date of the President’s veto. (6) Effect of enactment of a joint resolution of disapproval Notwithstanding any other provision of law, if a joint resolution of disapproval relating to a report submitted under subsection (a)(1) proposing an action described in subsection (a)(2) is enacted in accordance with subsection (c), the President may not take that action. (c) Joint resolutions of disapproval or approval (1) Definitions In this subsection: (A) Joint resolution of approval The term joint resolution of approval (i) the title of which is as follows: A joint resolution approving the President's proposal to take an action relating to the application of certain sanctions with respect to Iran. (ii) the sole matter after the resolving clause of which is the following: Congress approves of the action relating to the application of sanctions imposed with respect to Iran proposed by the President in the report submitted to Congress under section 2(a)(1) of the Iran Sanctions Relief Review Act (B) Joint resolution of disapproval The term joint resolution of disapproval (i) the title of which is as follows: A joint resolution disapproving the President's proposal to take an action relating to the application of certain sanctions with respect to Iran. (ii) the sole matter after the resolving clause of which is the following: Congress disapproves of the action relating to the application of sanctions imposed with respect to Iran proposed by the President in the report submitted to Congress under section 2(a)(1) of the Iran Sanctions Relief Review Act (2) Introduction During the period of 30 calendar days provided for under subsection (b)(1), including any additional period as applicable under the exception provided in subsection (b)(2), a joint resolution of approval or joint resolution of disapproval may be introduced— (A) in the House of Representatives, by the majority leader or the minority leader; and (B) in the Senate, by the majority leader (or the majority leader's designee) or the minority leader (or the minority leader's designee). (3) Floor consideration in house of representatives If a committee of the House of Representatives to which a joint resolution of approval or joint resolution of disapproval has been referred has not reported the joint resolution within 10 calendar days after the date of referral, that committee shall be discharged from further consideration of the joint resolution. (4) Consideration in the senate (A) Committee referral A joint resolution of approval or joint resolution of disapproval introduced in the Senate shall be— (i) referred to the Committee on Banking, Housing, and Urban Affairs if the joint resolution relates to a report under subsection (a)(3)(A) that relates to an action that is not intended to significantly alter United States foreign policy with respect to Iran; and (ii) referred to the Committee on Foreign Relations if the joint resolution relates to a report under subsection (a)(3)(B) that relates to an action that is intended to significantly alter United States foreign policy with respect to Iran. (B) Reporting and discharge If the committee to which a joint resolution of approval or joint resolution of disapproval was referred has not reported the joint resolution within 10 calendar days after the date of referral of the joint resolution, that committee shall be discharged from further consideration of the joint resolution and the joint resolution shall be placed on the appropriate calendar. (C) Proceeding to consideration Notwithstanding Rule XXII of the Standing Rules of the Senate, it is in order at any time after the Committee on Banking, Housing, and Urban Affairs or the Committee on Foreign Relations, as the case may be, reports a joint resolution of approval or joint resolution of disapproval to the Senate or has been discharged from consideration of such a joint resolution (even though a previous motion to the same effect has been disagreed to) to move to proceed to the consideration of the joint resolution, and all points of order against the joint resolution (and against consideration of the joint resolution) are waived. The motion to proceed is not debatable. The motion is not subject to a motion to postpone. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. (D) Rulings of the chair on procedure Appeals from the decisions of the Chair relating to the application of the rules of the Senate, as the case may be, to the procedure relating to a joint resolution of approval or joint resolution of disapproval shall be decided without debate. (E) Consideration of veto messages Debate in the Senate of any veto message with respect to a joint resolution of approval or joint resolution of disapproval, including all debatable motions and appeals in connection with the joint resolution, shall be limited to 10 hours, to be equally divided between, and controlled by, the majority leader and the minority leader or their designees. (5) Rules relating to senate and house of representatives (A) Treatment of senate joint resolution in house In the House of Representatives, the following procedures shall apply to a joint resolution of approval or a joint resolution of disapproval received from the Senate (unless the House has already passed a joint resolution relating to the same proposed action): (i) The joint resolution shall be referred to the appropriate committees. (ii) If a committee to which a joint resolution has been referred has not reported the joint resolution within 2 calendar days after the date of referral, that committee shall be discharged from further consideration of the joint resolution. (iii) Beginning on the third legislative day after each committee to which a joint resolution has been referred reports the joint resolution to the House or has been discharged from further consideration thereof, it shall be in order to move to proceed to consider the joint resolution in the House. All points of order against the motion are waived. Such a motion shall not be in order after the House has disposed of a motion to proceed on the joint resolution. The previous question shall be considered as ordered on the motion to its adoption without intervening motion. The motion shall not be debatable. A motion to reconsider the vote by which the motion is disposed of shall not be in order. (iv) The joint resolution shall be considered as read. All points of order against the joint resolution and against its consideration are waived. The previous question shall be considered as ordered on the joint resolution to final passage without intervening motion except 2 hours of debate equally divided and controlled by the sponsor of the joint resolution (or a designee) and an opponent. A motion to reconsider the vote on passage of the joint resolution shall not be in order. (B) Treatment of house joint resolution in senate (i) Receipt before passage If, before the passage by the Senate of a joint resolution of approval or joint resolution of disapproval, the Senate receives an identical joint resolution from the House of Representatives, the following procedures shall apply: (I) That joint resolution shall not be referred to a committee. (II) With respect to that joint resolution— (aa) the procedure in the Senate shall be the same as if no joint resolution had been received from the House of Representatives; but (bb) the vote on passage shall be on the joint resolution from the House of Representatives. (ii) Receipt after passage If, following passage of a joint resolution of approval or joint resolution of disapproval in the Senate, the Senate receives an identical joint resolution from the House of Representatives, that joint resolution shall be placed on the appropriate Senate calendar. (iii) No companion measure If a joint resolution of approval or a joint resolution of disapproval is received from the House, and no companion joint resolution has been introduced in the Senate, the Senate procedures under this subsection shall apply to the House joint resolution. (C) Application to revenue measures The provisions of this paragraph shall not apply in the House of Representatives to a joint resolution of approval or joint resolution of disapproval that is a revenue measure. (6) Rules of house of representatives and senate This subsection is enacted by Congress— (A) as an exercise of the rulemaking power of the Senate and the House of Representatives, respectively, and as such is deemed a part of the rules of each House, respectively, and supersedes other rules only to the extent that it is inconsistent with such rules; and (B) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House. (d) Appropriate congressional committees and leadership defined In this section, the term appropriate congressional committees and leadership (1) the Committee on Banking, Housing, and Urban Affairs, the Committee on Foreign Relations, and the majority and minority leaders of the Senate; and (2) the Committee on Financial Services, the Committee on Foreign Affairs, and the Speaker, the majority leader, and the minority leader of the House of Representatives.

Iran Sanctions Relief Review Act

SBIC Advisory Committee Act of 2023 This bill requires the Small Business Administration (SBA) to establish an advisory committee to develop recommendations for expanding SBA assistance provided through Small Business Investment Companies (SBICs). SBICs are privately owned companies, licensed and regulated by the SBA, which invest in small businesses through debt and equity. Composed in part of representatives of and partners with small businesses in low-income communities and rural areas, the advisory committee must make recommendations for SBICs to invest in (1) underlicensed and underfinanced states; and (2) small businesses owned by socially or economically disadvantaged individuals, veterans, and women.

118 S2212 IS: SBIC Advisory Committee Act of 2023 U.S. Senate 2023-06-22 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 2212 IN THE SENATE OF THE UNITED STATES June 22, 2023 Mr. Cardin Committee on Small Business and Entrepreneurship A BILL To require the Administrator of the Small Business Administration to establish an SBIC Advisory Committee, and for other purposes. 1. Short title This Act may be cited as the SBIC Advisory Committee Act of 2023 2. SBIC Advisory Committee (a) Definitions In this section— (1) the terms Administration Administrator (2) the term Advisory Committee (3) the term covered Members (A) the Committee on Small Business and Entrepreneurship of the Senate; and (B) the Committee on Small Business of the House of Representatives; (4) the terms licensee small business investment company underlicensed State 15 U.S.C. 662 (5) the term low-income community section 45D(e) (6) the term rural area (7) the terms small business concern small business concern owned and controlled by veterans small business concern owned and controlled by women 15 U.S.C. 632 (8) the term socially or economically disadvantaged individual 15 U.S.C. 637(a) (9) the term underfinanced State (10) the term underserved community (A) a HUBZone, as defined in section 31(b) of the Small Business Act ( 15 U.S.C. 657a(b) (B) a community that has been designated as an empowerment zone or an enterprise community under section 1391 (C) a community that has been designated as a promise zone by the Secretary of Housing and Urban Development; and (D) a community that has been designated as a qualified opportunity zone under section 1400Z–1 (b) Establishment The Administrator shall establish an SBIC Advisory Committee to convene outside experts to advise on the small business investment program under title III of the Small Business Investment Act of 1958 ( 15 U.S.C. 681 et seq. (c) Composition (1) Membership The Advisory Committee shall be composed of 16 members appointed by the Administrator as follows: (A) The Associate Administrator of the Office of Investment and Innovation of the Administration, or another designee of the Associate Administrator as determined by the Administrator. (B) 7 members with competence, interest, or knowledge of the small business investment program under title III of the Small Business Investment Act of 1958 ( 15 U.S.C. 681 et seq. (i) not fewer than 3 shall have a demonstrated record of expertise in investing in— (I) low-income communities; (II) communities that have been designated as qualified opportunity zones under section 1400Z–1 (III) businesses primarily engaged in research and development; (IV) manufacturers; (V) businesses primarily owned or controlled by individuals in underserved communities before receiving capital from the licensee; (VI) rural areas; or (VII) underfinanced States; and (ii) not fewer than 1 shall be a representative from a trade association for the small business investment program under title III of the Small Business Investment Act of 1958 ( 15 U.S.C. 681 et seq. (C) 8 members appointed by the Administrator as follows: (i) 2 members shall be selected from among the individuals in the list submitted by the Chair of the Committee on Small Business and Entrepreneurship of the Senate under paragraph (2). (ii) 2 members shall be selected from among the individuals in the list submitted by the Ranking Member of the Committee on Small Business and Entrepreneurship of the Senate under paragraph (2). (iii) 2 members shall be selected from among the individuals in the list submitted by the Chair of the Committee on Small Business of the House of Representatives under paragraph (2). (iv) 2 members shall be selected from among the individuals in the list submitted by the Ranking Member of the Committee on Small Business of the House of Representatives under paragraph (2). (2) Recommendations Not later than 30 days after the date of enactment of this Act, each of the covered Members shall provide to the Administrator a list of 3 candidates for membership on the Advisory Committee, who shall be individuals who have no conflict of interest in the small business investment program under title III of the Small Business Investment Act of 1958 ( 15 U.S.C. 681 et seq. (A) a relevant industry trade association; (B) the investment industry with expertise in pensions, endowments, and other non-banking institutions; (C) academia with expertise in the investment industry; or (D) a nonprofit institution, including a nonprofit institution that serves any of the entities described in subclauses (I) through (VII) of paragraph (1)(B)(i). (3) Private sector members Not fewer than 2 and not more than 4 of the members of the Advisory Committee shall be investors in the private sector who— (A) invest in small business concerns; and (B) as of the date of appointment, do not participate in the small business investment program under title III of the Small Business Investment Act of 1958 ( 15 U.S.C. 681 et seq. (4) Chairperson The Chairperson of the Advisory Committee shall be the member of the Advisory Committee appointed under paragraph (1)(A). (5) Period of appointment Members of the Advisory Committee shall be appointed for the life of the Advisory Committee. (6) Vacancies Any vacancy in the Advisory Committee shall be filled in the same manner as the original appointment. (d) Deadline for appointment Not later than 60 days after the date on which the covered Members provide the lists to the Administrator under subsection (c)(2), the Administrator shall— (1) appoint the members of the Advisory Committee; and (2) submit to Congress a list of the members so appointed. (e) Duties The Advisory Committee shall provide advice and recommendations to the Administrator concerning— (1) policy and program development and other matters of significance concerning activities under the Small Business Act ( 15 U.S.C. 631 et seq. 15 U.S.C. 661 et seq. (2) incentives for small business investment companies to— (A) invest and locate in underlicensed States and underfinanced States; and (B) invest in small business concerns, including those owned and controlled by socially or economically disadvantaged individuals, small business concerns owned and controlled by veterans, and small business concerns owned and controlled by women; (3) metrics of success, and benchmarks for success, with respect to the goals described in this section; and (4) the impact of the small business investment program under title III of the Small Business Investment Act of 1958 ( 15 U.S.C. 681 et seq. (f) Report Not later than 18 months after the date on which the Administrator establishes the Advisory Committee under subsection (b), the Advisory Committee shall submit to the Administrator, the Committee on Small Business and Entrepreneurship of the Senate, and the Committee on Small Business of the House of Representatives a report that includes the recommendations of the Advisory Committee described in subsection (e). (g) Termination The Advisory Committee shall terminate on the date on which the Advisory Committee submits the report required under subsection (f).

SBIC Advisory Committee Act of 2023

Fort Gordon Cyber Center Enhancement Act This bill authorizes FY2024 appropriations for the Department of Defense to construct a cyber instructional facility, including classrooms, at Fort Gordon in Georgia.

118 S2215 IS: Fort Gordon Cyber Center Enhancement Act U.S. Senate 2023-07-10 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 2215 IN THE SENATE OF THE UNITED STATES July 10, 2023 Mr. Ossoff Committee on Armed Services A BILL To authorize the appropriation of amounts for the construction of a cyber instructional facility at Fort Gordon, Georgia. 1. Short title This Act may be cited as the Fort Gordon Cyber Center Enhancement Act 2. Authorization of amounts for construction of a cyber instructional facility at Fort Gordon, Georgia There is authorized to be appropriated to the Secretary of Defense for fiscal year 2024 $163,000,000 for the construction of a cyber instructional facility, including classrooms, at Fort Gordon, Georgia.

Fort Gordon Cyber Center Enhancement Act

Robins Air Force Base Battle Management Enhancement Act This bill authorizes FY2024 appropriations for the Department of Defense to construct a battle management combined operations complex at Robins Air Force Base in Georgia.

118 S2218 IS: Robins Air Force Base Battle Management Enhancement Act U.S. Senate 2023-07-10 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 2218 IN THE SENATE OF THE UNITED STATES July 10, 2023 Mr. Ossoff Committee on Armed Services A BILL To authorize the appropriation of amounts for the construction of a battle management combined operations complex at Robins Air Force Base, Georgia. 1. Short title This Act may be cited as the Robins Air Force Base Battle Management Enhancement Act 2. Authorization of amounts for construction of battle management combined operations complex at Robins Air Force Base, Georgia There is authorized to be appropriated to the Secretary of Defense for fiscal year 2024 $115,000,000 for the construction of a battle management combined operations complex at Robins Air Force Base, Georgia.

Robins Air Force Base Battle Management Enhancement Act

Border Airport Fairness Act of 2023 This bill requires the President to designate certain primary airports near the border as ports of entry and terminate the user fee requirement for customs services at these airports.

118 S222 IS: Border Airport Fairness Act of 2023 U.S. Senate 2023-02-01 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 222 IN THE SENATE OF THE UNITED STATES February 1, 2023 Mr. Cruz Committee on Finance A BILL To require the designation of certain airports as ports of entry. 1. Short title This Act may be cited as the Border Airport Fairness Act of 2023 2. Designation of certain airports as ports of entry (a) In general The President shall— (1) pursuant to the Act of August 1, 1914 (38 Stat. 623, chapter 223; 19 U.S.C. 2 (2) terminate the application of the user fee requirement under section 236 of the Trade and Tariff Act of 1984 ( 19 U.S.C. 58b (b) Airports described An airport described in this subsection is an airport that— (1) is a primary airport (as defined in section 47102 of title 49, United States Code); (2) is located not more than 30 miles from the northern or southern international land border of the United States; (3) is associated, through a formal, legal instrument, including a valid contract or governmental ordinance, with a land border crossing or a seaport not more than 30 miles from the airport; and (4) through such association, meets the numerical criteria considered by U.S. Customs and Border Protection for establishing a port of entry, as set forth in— (A) Treasury Decision 82–37 (47 Fed. Reg. 10137; relating to revision of customs criteria for establishing ports of entry and stations), as revised by Treasury Decisions 86–14 (51 Fed. Reg. 4559) and 87–65 (52 Fed. Reg. 16328); or (B) any successor guidance or regulation.

Border Airport Fairness Act of 2023

Equal Dignity for Married Taxpayers Act of 2023 This bill modifies several tax provisions that refer to married couples to make the provisions equally applicable to legally married same-sex couples.

118 S2221 IS: Equal Dignity for Married Taxpayers Act of 2023 U.S. Senate 2023-07-10 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 2221 IN THE SENATE OF THE UNITED STATES July 10, 2023 Mr. Wyden Ms. Collins Mr. Carper Mr. King Ms. Hirono Mr. Durbin Mr. Coons Mrs. Murray Ms. Cantwell Ms. Klobuchar Mr. Casey Ms. Warren Mr. Whitehouse Mr. Schatz Mr. Kaine Mr. Booker Ms. Cortez Masto Mr. Van Hollen Mr. Markey Mr. Brown Mr. Sanders Ms. Baldwin Mr. Schumer Mr. Bennet Mr. Blumenthal Mr. Reed Mr. Fetterman Mr. Cardin Mr. Menendez Mr. Welch Mr. Kelly Mr. Merkley Mr. Heinrich Mr. Murphy Mrs. Gillibrand Ms. Duckworth Ms. Stabenow Mrs. Shaheen Ms. Smith Ms. Rosen Mr. Warner Mr. Hickenlooper Mr. Peters Mr. Padilla Mrs. Feinstein Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to clarify that all provisions shall apply to legally married same-sex couples in the same manner as other married couples, and for other purposes. 1. Short title This Act may be cited as the Equal Dignity for Married Taxpayers Act of 2023 2. Rules relating to all legally married couples (a) In general The Internal Revenue Code of 1986 is amended— (1) in section 21(d)(2)— (A) by striking himself self (B) by striking any husband and wife any married couple (2) in section 22(e)(1)— (A) by striking husband and wife who live married couple who lives (B) by striking the taxpayer and his spouse the taxpayer and the spouse of the taxpayer (3) in section 38(c)(6)(A), by striking husband or wife who files married individual who files (4) in section 42(j)(5)(C), by striking clause (i) and inserting the following new clause: (i) Married couple treated as 1 partner For purposes of subparagraph (B), individuals married to one another (and their estates) shall be treated as 1 partner. ; (5) in section 62(b)(3)— (A) in subparagraph (A)— (i) by striking husband and wife who lived apart married couple who lived apart (ii) by striking the taxpayer and his spouse the taxpayer and the spouse of the taxpayer (B) in subparagraph (D), by striking husband and wife married couple (6) in section 121— (A) in subsection (b)(2), by striking husband and wife who make married couple who makes (B) in subsection (d)(1), by striking husband and wife make married couple makes (7) in section 165(h)(4)(B), by striking husband and wife married couple (8) in section 179(b)(4), by striking a husband and wife filing individuals married to one another who file (9) in section 213(d)(8), by striking (relating to determination of status as husband and wife) (10) in section 219(g)(4), by striking A husband and wife Married individuals (11) in section 274(b)(2)(B), by striking husband and wife married couple (12) in section 643(f), by striking husband and wife married couple (13) in section 761(f)— (A) in paragraph (1), by striking husband and wife married couple (B) in paragraph (2)(A), by striking husband and wife married couple (14) in section 911— (A) in subsection (b)(2), by striking subparagraph (C) and inserting the following new subparagraph: (C) Treatment of community income In applying subparagraph (A) with respect to amounts received from services performed by a married individual which are community income under community property laws applicable to such income, the aggregate amount which may be excludable from the gross income of such individual and such individual's spouse under subsection (a)(1) for any taxable year shall equal the amount which would be so excludable if such amounts did not constitute community income. ; and (B) in subsection (d)(9)(A), by striking where a husband and wife each have where both spouses have (15) in section 1244(b)(2), by striking a husband and wife filing a joint return for such year under section 6013 a joint return (16) in section 1272(a)(2)(D), by striking clause (iii) and inserting after clause (ii) the following new clause: (iii) Treatment of a married couple For purposes of this subparagraph, a married couple shall be treated as 1 person. The preceding sentence shall not apply where the spouses lived apart at all times during the taxable year in which the loan is made. ; (17) in section 1313(c)(1), by striking husband and wife spouses (18) in section 1361(c)(1)(A)(i), by striking a husband and wife a married couple (19) in section 2040(b), by striking Certain joint interests of husband and wife Certain joint interests of married couple (20) in section 2513— (A) by striking Gift by husband or wife to third party Gift by one spouse to third party (B) by striking paragraph (1) of subsection (a) and inserting before paragraph (2) the following new paragraph: (1) In general A gift made by one individual to any person other than such individual's spouse shall, for the purposes of this chapter, be considered as made one-half by the individual and one-half by such individual's spouse, but only if at the time of the gift each spouse is a citizen or resident of the United States. This paragraph shall not apply with respect to a gift by an individual of an interest in property if such individual creates in the individual's spouse a general power of appointment, as defined in section 2514(c), over such interest. For purposes of this section, an individual shall be considered as the spouse of another only if the individual is married to the individual's spouse at the time of the gift and does not remarry during the remainder of the calendar year. ; (21) in section 2516— (A) by striking his or her (B) by striking Where a husband and wife enter (a) In general Where a married couple enters ; and (C) by adding at the end the following new subsection: (b) Spouse For purposes of this section, if the spouses referred to are divorced, wherever appropriate to the meaning of this section, the term spouse former spouse ; (22) in section 5733(d), by striking paragraph (2) and inserting after paragraph (1) the following new paragraph: (2) a spouse succeeding to the business of a living spouse; ; (23) in section 6013— (A) by striking Joint returns of income tax by husband and wife Joint returns of income tax by a married couple (B) in subsection (a), in the matter preceding paragraph (1), by striking husband and wife married couple (C) in subsection (a)(1), by striking either the husband or wife either spouse (D) in subsection (a)(2)— (i) in the first sentence, by striking husband and wife spouses (ii) in the second sentence, by striking his taxable year such spouse's taxable year (E) in subsection (a)(3)— (i) in the first sentence, by striking his executor or administrator the decedent's executor or administrator (ii) in the first sentence, by striking with respect to both himself and the decedent with respect to both the surviving spouse and the decedent (iii) in the second sentence, by striking constitute his separate return constitute the survivor's separate return (F) in subsection (b), by striking paragraph (1) and inserting the following new paragraph: (1) In general Except as provided in paragraph (2), if an individual has filed a separate return for a taxable year for which a joint return could have been made by the individual and the individual's spouse under subsection (a) and the time prescribed by law for filing the return for such taxable year has expired, such individual and such spouse may nevertheless make a joint return for such taxable year. A joint return filed under this subsection shall constitute the return of the individual and the individual's spouse for such taxable year, and all payments, credits, refunds, or other repayments made or allowed with respect to the separate return of either spouse for such taxable year shall be taken into account in determining the extent to which the tax based upon the joint return has been paid. If a joint return is made under this subsection, any election (other than the election to file a separate return) made by either spouse in a separate return for such taxable year with respect to the treatment of any income, deduction, or credit of such spouse shall not be changed in the making of the joint return where such election would have been irrevocable if the joint return had not been made. If a joint return is made under this subsection after the death of either spouse, such return with respect to the decedent can be made only by the decedent's executor or administrator. ; (G) in subsection (c), by striking husband and wife spouses (H) in subsection (d)(1), by striking as husband and wife as married (I) in subsection (d)(2), by striking his spouse the spouse of the individual (J) in subsection (f)(2)(B), by striking such individual, his spouse, and his estate shall be determined as if he were alive such individual, the individual's spouse, and the individual's estate shall be determined as if the individual were alive (K) in subsection (f)(3)— (i) in subparagraph (A), by striking for which he is entitled for which such member is entitled (ii) in subparagraph (B), by striking for which he is entitled for which such employee is entitled (24) in section 6014(b), by striking husband and wife a married couple (25) in section 6017, by striking husband and wife married couple (26) in section 6096(a), by striking of husband and wife having reporting (27) in section 6166(b)(2), by striking subparagraph (B) and inserting the following new subparagraph: (B) Certain interests held by married couple Stock or a partnership interest which— (i) is community property of a married couple (or the income from which is community income) under the applicable community property law of a State, or (ii) is held by a married couple as joint tenants, tenants by the entirety, or tenants in common, shall be treated as owned by 1 shareholder or 1 partner, as the case may be. ; (28) in section 6212(b)(2)— (A) by striking return filed by husband and wife return (B) by striking his last known address the last known address of such spouse (29) in section 7428(c)(2)(A), by striking husband and wife married couple (30) in section 7701(a)— (A) by striking paragraph (17); and (B) in paragraph (38), by striking husband and wife married couple (31) in section 7872(f), by striking paragraph (7) and inserting the following new paragraph: (7) Married couple treated as 1 person A married couple shall be treated as 1 person. . (b) Conforming amendments (1) The table of sections for subchapter B of chapter 12 section 2513 Sec. 2513. Gift by one spouse to third party. . (2) The table of sections for subpart B of part II of subchapter A of chapter 61 of such Code is amended by striking the item relating to section 6013 and inserting the following new item: Sec. 6013. Joint returns of income tax by a married couple. . 3. Rules relating to the gender of spouses, etc (a) In general The following provisions of the Internal Revenue Code of 1986 are each amended by striking his spouse the individual's spouse (1) Subsections (a)(1) and (d) of section 1. (2) Section 2(b)(2)(A). (3) Subsections (d)(1)(B) and (e)(3) of section 21. (4) Section 36(c)(5). (5) Section 71(b)(1)(C). (6) Section 179(d)(2)(A). (7) Section 318(a)(1)(A)(i). (8) Section 408(d)(6). (9) Section 469(i)(5)(B)(ii). (10) Section 507(d)(2)(B)(iii). (11) Clauses (ii) and (iii) of section 613A(c)(8)(D). (12) Section 672(e)(2). (13) Section 704(e)(2). (14) Subparagraphs (A) and (B)(ii) of section 911(c)(3). (15) Section 1235(c)(2). (16) Section 1563(e)(5). (17) Section 3121(b)(3)(B). (18) Section 4946(d). (19) Section 4975(e)(6). (20) Subparagraphs (A)(iv) and (B) of section 6012(a)(1). (21) Section 7703(a). (b) Conforming amendments (1) The following provisions of the Internal Revenue Code of 1986 are each amended by striking his spouse the taxpayer's spouse (A) Section 2(a)(2)(B). (B) Subparagraphs (B) and (C) of section 2(b)(2). (C) Paragraphs (2) and (6)(A) of section 21(e). (D) Section 36B(e)(1). (E) Section 63(e)(3)(B). (F) Section 86(c)(1)(C)(ii). (G) Section 105(c)(1). (H) Section 135(d)(3). (I) Section 151(b). (J) Subsections (a) and (d)(7) of section 213. (K) Section 1233(e)(2)(C). (L) Section 1239(b)(2). (M) Section 6504(2). (2) The following provisions of the Internal Revenue Code of 1986 are each amended by striking his spouse the employee's spouse (A) Section 132(m)(1). (B) Section 401(h)(6). (C) Section 3402(l)(3). (3) The following provisions of the Internal Revenue Code of 1986 are each amended by striking his taxable year the individual's taxable year (A) Section 2(b)(1). (B) Section 7703(a)(1). (4) The following provisions of the Internal Revenue Code of 1986 are each amended by striking his taxable year the taxpayer's taxable year (A) Subparagraphs (B) and (C) of section 2(b)(2) (as amended by paragraph (1)(B)). (B) Section 63(f)(1)(A). (5) The following provisions of the Internal Revenue Code of 1986 are each amended by striking his home the individual's home (A) Section 2(b)(1)(A). (B) Section 21(e)(4)(A)(i). (C) Section 7703(b)(1). (6) The Internal Revenue Code of 1986, as amended by this section, is amended— (A) in section 2(a)(1)(A), by striking his two taxable years the taxpayer's two taxable years (B) in section 2(a)(1)(B), by striking his home the taxpayer's home (C) in paragraphs (1)(A) and (2)(A) of section 63(f), by striking for himself if he for the taxpayer if the taxpayer (D) in section 63(f)(4), by striking his the individual's (E) in section 105(b)— (i) by striking his spouse, his dependents the taxpayer's spouse, the taxpayer's dependents (ii) by striking by him (F) in the heading of section 119(a), by striking , his spouse, and his dependents and the employee's spouse and dependents (G) in section 119(a), by striking him, his spouse, or any of his dependents by or on behalf of his employer the employee or the employee's spouse or dependents by or on behalf of the employer of the employee (H) in section 119(a)(2), by striking his the employee's (I) in section 119(d)(3)(B), by striking his spouse, and any of his dependents the employee's spouse, and any of the employee's dependents (J) in section 129(b)(2), by striking himself the spouse's self (K) in section 170(b)(1)(F)(iii)— (i) by striking his spouse the spouse of such donor (ii) by striking his death or after the death of his surviving spouse if she the death of the donor or after the death of the donor's surviving spouse if such surviving spouse (L) in section 213(c)(1)— (i) by striking his estate the estate of the taxpayer (ii) by striking his death the death of the taxpayer (M) in section 213(d)(7), by striking he the taxpayer (N) in section 217(g)— (i) by striking , his spouse, or his dependents or the spouse or dependents of such member (ii) by striking his dependents dependents (iii) by striking his spouse the member's spouse (O) in section 217(i)(3)(A), by striking his (P) in section 267(c), by striking his the individual's (Q) in section 318(a)(1)(A)(ii), by striking his the individual's (R) in section 402(l)(4)(D), by striking , his spouse, and dependents and the spouse and dependents of such officer (S) in section 415(l)(2)(B), by striking , his spouse, or his dependents or the participant's spouse or dependents (T) in section 420(f)(6)(A), by striking his covered spouse and dependents the covered spouse and dependents of such retiree (U) in section 424(d)(1), by striking his the individual's (V) in section 544(a)(2), by striking his the individual's (W) in section 911(c)(3), by striking him the individual (X) in section 1015(d)(3), by striking his spouse the donor's spouse (Y) in section 1563(e)— (i) by striking his children the individual's children (ii) by striking his parents the individual's parents (Z) in section 1563(f)(2)(B), by striking him the individual (AA) in section 2012(c), by striking his spouse the decedent's spouse (BB) in section 2032A(e)(10), by striking his surviving spouse the decedent's surviving spouse (CC) in section 2035(b)— (i) by striking his estate the decedent's estate (ii) by striking his spouse the decedent's spouse (DD) in subsections (a) and (b)(5) of section 2056, by striking his (EE) in section 2523(b)— (i) by striking (or his heirs or assigns) or such person (or his heirs or assigns) (or the donor's heirs or assigns) or such person (or such person's heirs or assigns) (ii) by striking himself the donor's self (iii) by striking he the donor (iv) by striking him the donor (FF) in section 2523(d), by striking himself the donor's self (GG) in section 2523(e), by striking his spouse the donor's spouse (HH) in section 3121(b)(3)— (i) by striking his father the child's father (ii) by striking his father the individual's father (iii) by striking his son the individual's son (II) in section 3306(c)(5)— (i) by striking his son the individual's son (ii) by striking his father the child's father (JJ) in section 3402(l)— (i) by striking he the employee (ii) by striking his taxable year the employee's taxable year (KK) in section 4905(a), by striking his spouse such person's spouse (LL) in section 6046(c), by striking his the individual's (MM) in section 6103(e)(1)(A)(ii), by striking him the individual (NN) in section 7448(a)(8), by striking his death the individual's death (OO) in subsections (d) and (n) of section 7448, by striking his the individual's (PP) in section 7448(m)(1)(A)(i), by striking he such judge or special trial judge (QQ) in section 7448(q)— (i) by striking his such judge's (ii) by striking to bring himself to come

Equal Dignity for Married Taxpayers Act of 2023

Stop Predatory Investing Act This bill denies taxpayers owning 50 or more single family properties any tax deduction for interest paid or accrued in connection with any single family residential rental property. It also disallows depreciation of residential rental property owned by such taxpayers.

118 S2224 IS: Stop Predatory Investing Act U.S. Senate 2023-07-11 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 2224 IN THE SENATE OF THE UNITED STATES July 11, 2023 Mr. Brown Mr. Wyden Mr. Reed Ms. Smith Mr. Merkley Mr. Fetterman Ms. Warren Ms. Baldwin Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to deny interest and depreciation deductions for taxpayers owning 50 or more single family properties. 1. Short title This Act may be cited as the Stop Predatory Investing Act 2. Disallowance of interest deduction for disqualified single family property owners (a) In general Section 163 (n) Interest paid by certain disqualified single family property owners (1) In general In the case of a disqualified single family property owner, no deduction shall be allowed under this chapter for any interest paid or accrued in connection with any single family residential rental property owned (directly or indirectly) by such disqualified single family property owner. (2) Exception (A) In general Paragraph (1) shall not apply with respect to interest paid or accrued in the taxable year in which such single family residential rental property is sold. (B) Exception Subparagraph (A) shall not apply unless the sale described in such subparagraph is— (i) a sale to an individual for use as the principle residence of the individual (within the meaning of section 121), or (ii) a sale to any qualified nonprofit organization. (C) Qualified nonprofit organization (i) In general For purposes of this paragraph, the term qualified nonprofit organization (I) is not organized for profit, and (II) has as a principal purpose the creation, development, or preservation of affordable housing. (ii) Certain organizations included The term qualified nonprofit organization (I) any community development corporation (as defined in section 204(b) of the Department of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1997 (12 U.S.C. 1715z–11a(b)), (II) any community housing development organization (as defined in section 104 of the Cranston-Gonzales National Affordable Housing Act ( 42 U.S.C. 12704 (III) any community-based development organization qualified under section 570.204 of title 24, Code of Federal Regulations, as in effect on the date of the enactment of this subsection, (IV) any land bank, (V) any resident-owned cooperative or community land trust, and (VI) any subsidiary of a public housing agency (as defined in section 3(b)(6) of the United States Housing Act of 1937 ( 42 U.S.C. 1437a(b)(6) (iii) Land bank For purposes of this subparagraph, the term land bank (iv) Community land trust For purposes of this subparagraph, the term community land trust (I) use a ground lease or deed covenant with an affordability period of at least 30 years or more to— (aa) make rental and homeownership units affordable to households; and (bb) stipulate a preemptive option to purchase the affordable rentals or homeownership units so that the affordability of the units is preserved for successive income-eligible households; and (II) monitors properties to ensure affordability is preserved. (3) Disqualified single family property owner For purposes of this subsection— (A) In general The term disqualified single family property owner (B) Aggregation rules All persons treated as a single employer under subsection (a) or (b) of section 52, or subsection (m) or (o) of section 414, shall be treated as one taxpayer for purposes of this section. (C) Modifications (i) In general For purposes of applying subparagraph (B)— (I) section 52(a) shall be applied by substituting component members members (II) for purposes of applying section 52(b), the term trade or business To the extent provided in regulations (ii) Component member For purposes of this paragraph, the term component member (iii) No inference The modifications made by clause (i) shall not be construed to create any inference with respect to the proper application of section 52 with respect to any other provision of this title. (4) Single family residential rental property For purposes of this subsection— (A) In general The term single family residential rental property (i) any residential rental property (as defined in section 168(e)(2)(A)(i)) which contains 4 or fewer dwelling units (as defined in section 168(e)(2)(A)(ii)(I)), and (ii) improvements to real property directly related to such dwelling units located on the site of such dwelling units. For purposes of clause (i), each townhouse or rowhouse shall be treated as a separate building. (B) Exception for certain properties Such term shall not include any residential rental property (as so defined)— (i) with respect to which a credit is allowed under section 42 for such taxable year or any property, or (ii) which— (I) was constructed by the taxpayer, or (II) acquired by the taxpayer after its construction but before the first date on which any dwelling unit in such property was occupied by a resident. (5) Regulations The Secretary shall prescribe such regulations as may be necessary or appropriate to carry out the purposes of this subsection, including regulations to prevent the avoidance of the purposes of this subsection. . (b) Application to capitalized amounts (1) In general Section 263A(f)(2) (D) Exception for certain interest of disqualified single family property owners Subparagraph (A) shall not apply to any interest for which a deduction would be disallowed under section 163(n). . (2) Carrying charges Section 266 of such Code is amended— (A) by striking No deduction (a) In general No deduction , and (B) by adding at the end the following new subsection: (b) Special rule for certain interest of disqualified single family property owners No election may be made under this section to treat as chargeable to capital account any interest for which a deduction would be disallowed under section 163(n). . (c) Effective date The amendments made by this section shall apply to indebtedness incurred in taxable years beginning after the date of the enactment of this Act. 3. Disallowance of depreciation in connection with property used by disqualified single family property owners (a) In general Section 167 (i) Deduction disallowed for disqualified single family property owners (1) In general In the case of a disqualified single family property owner, no deduction shall be allowed under this section for any single family residential rental property owned by such disqualified single family property owner. (2) Exception (A) In general Paragraph (1) shall not apply with respect to depreciation deduction which is allowable— (i) in connection with a single family residential rental property, and (ii) in the taxable year in which such single family residential rental property is sold. (B) Exception Subparagraph (A) shall not apply unless the sale described in clause (ii) thereof is— (i) a sale to an individual for use as the principle residence of the individual (within the meaning of section 121), or (ii) a sale to any qualified nonprofit organization (as defined in section 163(n)(2)(C)). (3) Definitions For purposes of this subsection, the terms disqualified single family property owner single family residential rental property (4) Regulations The Secretary shall prescribe such regulations as may be necessary or appropriate to carry out the purposes of this subsection, including regulations to prevent the avoidance of the purposes of this subsection. . (b) Effective date The amendments made by this section shall apply to property placed in service in taxable years beginning after the date of the enactment of this Act.

Stop Predatory Investing Act

National Defense Authorization Act for Fiscal Year 2024 This bill authorizes FY2024 appropriations and sets forth policies for Department of Defense (DOD) programs and activities, military construction, the national security programs of the Department of Energy (DOE), and the Maritime Administration, as well as the Department of State and the Central Intelligence Agency (CIA). It also authorizes appropriations for the Defense Nuclear Safety Board and the Naval Petroleum Reserves, and sets policy for several other agencies, including the Department of Homeland Security (DHS). The bill authorizes appropriations, but it does not provide budget authority, which is provided by appropriations legislation. For additional information on the National Defense Authorization Act (NDAA) see CRS In Focus IF10516, Defense Primer: Navigating the NDAA, CRS In Focus IF10515, Defense Primer: The NDAA Process, and CRS Insight IN12210, FY2024 NDAA: Status of Legislative Activity. TITLE I--PROCUREMENT This title authorizes appropriations for the acquisition or modification of various military items (such as aircraft, ships, tracked combat vehicles, missiles, and ammunition) and sets policy for certain procurement programs. Below are some examples of provisions in this title. Sec. 113 requires the Army to submit a strategy for FY2025 and every five years afterwards for its tactical wheeled vehicle program. Sec. 123 authorizes the Navy to enter into multiyear procurement contracts for 10 Virginia class attack submarines. Sec. 131 prohibits the Air Force from retiring RQ-4 Global Hawk unmanned aerial vehicles until after the end of FY2028 and limits the Air Force from reducing the fleet below 10 aircraft. Sec. 132 limits the Air Force from retiring T-1A training aircraft until the Air Force certifies the implementation of the Undergraduate Pilot Training 2.5 curriculum. Sec. 133 reduces the minimum number of A-10 aircraft that the Air Force must maintain. Sec. 134 reduces the total minimum number of fighter aircraft that the Air Force must maintain. Sec. 137 prohibits the Air Force from retiring E-3 Airborne Warning and Control System (AWACS) aircraft to a fleet size below 16 until the Air Force (1) submits a plan to Congress for maintaining mission readiness with a reduced fleet, or (2) procures sufficient numbers of E-7 Wedgetail aircraft to accomplish the required mission load. Sec. 142 requires DOD to develop and implement a department-wide datalink strategy. For additional information see CRS In Focus IF10599, Defense Primer: Procurement, CRS Report RL32418, Navy Virginia-Class Submarine Program and AUKUS Submarine Proposal: Background and Issues for Congress, CRS Report R47188, Unmanned Aircraft Systems: Roles, Missions, and Future Concepts, and CRS Report R41909, Multiyear Procurement (MYP) and Block Buy Contracting in Defense Acquisition: Background and Issues for Congress. TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION This title authorizes appropriations for research, development, test, and evaluation (RDT&E) and sets policy for certain RDT&E activities, such as microelectronics and artificial intelligence. Below are some examples of provisions in this title. Sec. 211 requires DOD to ensure that military acquisition program guidance for major defense acquisition programs and middle-tier acquisition programs integrates planning for exportability features. Exportability refers to technology protection features in defense systems developed early in acquisition life cycles to facilitate earlier foreign sales. Sec. 212 authorizes DOD to provide funds to sustain U.S. participation in the NATO Defence Innovation Accelerator for the North Atlantic (DIANA) Initiative. Sec. 214 removes the Navy as the resource sponsor of the Advanced Sensors Application Program and establishes the Air Force as resource sponsor, in consultation with the Navy. Sec. 216 requires DOD to establish a program within the National Security Agency to determine standards and requirements in procuring commercial-off-the-shelf microelectronics, field programmable gate arrays, and custom integrated circuits. Sec. 218 requires DOD to establish a competition to award cash prizes and other types of prizes to evaluate technologies for the detection and watermarking of generative artificial intelligence (AI). Sec. 221 requires DOD to award cash prizes and other types of prizes to support DOD business modernization goals. When carrying out the competition to award such prizes, DOD must consider various areas, such as (1) integration of artificial intelligence or machine learning capabilities; (2) data analytics or business intelligence, or related visualization capability (3) automated updating of business architecture, business systems integration, or documentation related to existing systems or manuals; (4) updates or replacements for legacy systems; and (5) systems supporting industrial base and supply chain visibility. Sec. 229 authorizes Air Force Global Strike Command to establish a program for technology transition for the Air Force nuclear enterprise. The U.S. Air Force nuclear enterprise consists of people, processes, procedures, and systems to conduct, execute, and support nuclear weapon systems and operations. For additional information see CRS In Focus IF10553, Defense Primer: RDT&E, CRS Report R45403, The Global Research and Development Landscape and Implications for the Department of Defense, CRS In Focus IF11333, Deep Fakes and National Security, and CRS Report R45178, Artificial Intelligence and National Security. TITLE III--OPERATION AND MAINTENANCE This title authorizes appropriations for operation and maintenance (O&M) and sets policy for certain O&M programs, such as sustainable aviation fuel and the treatment of perfluoroalkyl and polyfluoroalkyl substances (PFAS). Below are some examples of provisions in this title. Sec. 312 expands the number of federal agencies that may take part in the Sentinel Landscapes Partnership, a program in which government agencies work with private entities and landowners to advance sustainable land management practices around military installations and ranges. Sec. 313 modifies and adds definitions for various terms associated with DOD's pilot program on sustainable aviation fuel. Sec. 315 requires DOD to provide technical assistance to communities and individuals potentially affected by pollutant releases at current and former DOD facilities. The section also authorizes grants for technical assistance in those communities. Sec. 321 authorizes DOD to treat materials contaminated with PFAS if the treatment occurs through remediation or disposal technology approved by the relevant Federal regulatory agency, until the Environmental Protection Agency publishes a final rule on destruction and disposal of such materials. Sec. 324 limits the Office of the Under Secretary of Defense for Acquisition and Sustainment from using a portion of its travel funds until the office submits to Congress a plan to restore data sharing pertaining to the testing of water for PFAS. Sec. 328 requires the Government Accountability Office (GAO) to report on DOD's efforts to test and remediate PFAS contamination on current or former military installations. Sec. 331 requires DOD to establish a pilot program to evaluate and assess military installations for cyber resiliency. The pilot program shall also address other issues, such as (1) how to prioritize the restoration of power, water, and telecommunications in case of an attack; and (2) recommend priorities for the order of recovery for the installation in the case of a significant cyberattack. Sec. 332 requires the Navy to develop and implement a strategy to utilize automation and artificial intelligence in shipyards. Sec. 352 prohibits U.S. Special Operations Command from retiring U-28 aircraft until it certifies to Congress that its intelligence, surveillance, and reconnaissance capacity and capability, in a DOD estimate of its programs in its future-years defense program (FYDP), is equal to or greater than that provided by the current fleet of U-28 aircraft. Sec. 357 limits the Navy in spending more than 50% of its Administration and Service-wide Activities account for FY2024 until it submits to Congress a 30-year shipbuilding plan that maintains at least 31 amphibious warships. For additional information see CRS Report R47171, Sustainable Aviation Fuel (SAF): In Brief, CRS In Focus IF10537, Defense Primer: Cyberspace Operations, and CRS Report RL32665, Navy Force Structure and Shipbuilding Plans: Background and Information for Congress. TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS This title authorizes appropriations for military personnel and sets active component and reserve component end-strength levels. Below are some examples of provisions in this title. Sec. 401 authorizes the maximum number of active duty personnel as of September 30, 2024, for each of the armed forces as follows: o Army - 452,000, o Navy - 342,000, o Marine Corps - 172,300, o Air Force - 320,000, and o Space Force - 9,400. Sec. 411 authorizes the maximum number of Selected Reserve personnel as of September 30, 2024, for each of the reserve components: o Army National Guard - 325,000, o Army Reserve - 174,800, o Navy Reserve - 57,200, o Marine Corps Reserve - 33,600, o Air National Guard of the United States - 105,000, o Air Force Reserve - 69,600, and o Coast Guard Reserve - 7,000. TITLE V--MILITARY PERSONNEL POLICY This title sets policy regarding military personnel, including officer personnel policy, promotions, assignments, junior reserve officers' training corps, and recruiting. Below are some examples of provisions in this title. Sec. 506 makes permanent the authority of military departments to order military retirees to active duty if they agree to serve in certain high-demand or critical positions. Sec. 513 allows DOD to vary the duration of appointments for seven senior military officers (the Chairman and Vice Chairman of the Joint Chiefs of Staff, and each of the Service Chiefs) by up to six months in the interests of national defense or to ensure appropriate staggering of terms. Sec. 525 specifies that the Vice Chief of the National Guard Bureau shall hold the grade of General. (This position currently carries the grade of Lieutenant General, as set by executive branch determination.) Sec. 535 prohibits DOD from requiring any member of the armed forces, military dependent, or DOD civilian employee to affirm that any sex, race, ethnicity, religion, or national origin is inherently superior or inferior. This section also requires that all DOD personnel actions (such as accessions, promotions, and assignments) be based exclusively on individual merit and demonstrated performance. Sec. 537 prohibits the military departments from employing military or civilian personnel with a rank or grade above GS-10 to a position whose sole duties include certain diversity, equity, and inclusion duties. If any personnel in such a position are currently above the GS-10 level, they must be reassigned to another position within 180 days of this bill's passage. Sec. 551 requires a military service to establish a future servicemember preparatory course if more than 10% of that service's active duty non-prior service enlistees in a fiscal year score in the 10th to 30th percentiles on the Armed Forces Qualification Test. (A future servicemember preparatory course focuses on improving the physical fitness and aptitude scores of participants to facilitate meeting enlistment requirements.) Sec. 571 requires DOD to establish and support between 3,400 and 4,000 Junior Reserve Officer Training Corps (JROTC) units except in specified circumstances. (There were 3,499 JROTC units in FY2023.) This section also eliminates the requirement that there be a fair and equitable distribution of JROTC units throughout the nation. For additional information see CRS Insight IN12205, FY2024 NDAA: Junior Reserve Officer Training Corps (JROTC) Matters. TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS This title sets policy regarding various aspects of military compensation, including allowances, bonus and incentive pays, and other compensation matters. Below are some examples of provisions in this title. Sec. 604 authorizes certain members of the reserve components who are ordered to active duty for training to receive two housing allowances, one for their duty location and one for the location of their primary residence, even when the member is authorized transportation of household goods to their duty location. This authority applies to reservists who (1) have no dependents, (2) are ordered to active duty for training purposes for a period of 140 to 364 days, and (3) either own or are responsible for rental payments on their primary residence. Sec. 605 allows DOD to, in cases of demonstrated need, exclude a servicemember's Basic Allowance for Housing from the calculation of gross household income used to determine eligibility for the Basic Needs Allowance. (The Basic Needs Allowance is provided to servicemembers with dependents and typically having a gross household income less than or equal to 150% of the federal poverty guidelines. Currently, amounts received as a Basic Allowance for Housing are typically included when calculating a servicemember's gross household income.) Sec. 607 lowers the minimum threshold for high cost area used to determine locations eligible for Continental United States Cost-of Living Allowance (CONUS COLA) from 8% above the average cost of living in the continental United States to 5%. Sec. 623 extends by one year (through December 31, 2024) a variety of compensation authorities for the uniformed services, including bonuses for enlisted and officer personnel, hazardous duty pay, special duty pay, and skill incentive pay. For additional information see CRS In Focus IF12196, FY2024 NDAA: Basic Needs Allowance and Military Food Insecurity. TITLE VII--HEALTH CARE PROVISIONS This title sets policy regarding military health care, including TRICARE (the medical and dental care program for members and former members of the uniformed services and their dependents). Below are some examples of provisions in this title. Sec. 701 extends from six months to three years the period of eligibility for surviving family members to receive TRICARE Reserve Select health care coverage after the death of an enrolled servicemember. Sec. 704 requires DOD to provide intensive outpatient programs to treat members of the Armed Forces suffering posttraumatic stress disorder, traumatic brain injury, and co-occurring disorders related to military sexual trauma. Sec. 705 allows DOD to waive cost-sharing requirements for the first three outpatient mental health visits per year for active duty family members enrolled in the TRICARE Select and TRICARE Prime health care programs, and certain other dependents in the TRICARE Select program. For additional information see CRS In Focus IF10530, Defense Primer: Military Health System, CRS Insight 12215, FY2024 NDAA: TRICARE for Reservists, and CRS Insight IN12242, FY2024 NDAA: Military Mental Health Care and Research Provisions. TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED MATTERS This title sets policy regarding acquisitions and acquisition management, including contracting authorities and small businesses. Below are some examples of provisions in this title. Sec. 815 requires DOD to update certain policies related to Earned Value Management (EVM), a program management tool used to assess cost, schedule, and technical progress on programs. Specifically, the policies must (1) exempt all software contracts and subcontracts from EVM requirements, (2) increase contract value threshold associated with requiring EVM from $20 million to $50 million on cost or incentive contracts, and (3) increase the contract value threshold for the contractor to use the EVM System from $50 million to $100 million. Sec. 819 requires DOD to amend its acquisition regulations to require entities that provide management, scientific, and technical consulting services to certify that either (1) the entity and its subsidiaries do not have contracts with covered foreign entities or (2) the entity has a conflict of interest mitigation surveillance plan. The covered foreign entities include the governments (including state-owned entities) of China, Russia, or any country that has repeatedly provided support for international terrorism. Sec. 820 prohibits DOD from requiring defense contractors to provide any information about greenhouse gas (e.g., carbon dioxide, methane, or hydrofluorocarbons) emissions. This prohibition shall be (1) permanent with respect to nontraditional defense contractors (generally an entity that has not worked on a DOD contract that is subject to full cost accounting standards coverage), and (2) for the two-year period starting from this bill's enactment date for all other types of contractors. Sec. 844 requires DOD prime contractors to notify the contracting officer if the prime contractor pays a reduced price or is more than 30 days past due on payments to certain small business subcontractors. This section also requires DOD prime contractors to cooperate with the contracting officer to correct or mitigate any unjustified failure to make full or timely payments to such subcontractors. For additional information see CRS Insight IN12225, FY2024 NDAA: Department of Defense Acquisition Policy, and CRS Insight IN12221, FY2024 NDAA: Defense Industrial Base Policy. TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT This title sets policy regarding the Office of the Secretary of Defense and DOD organization and management. Below are some examples of provisions in this title. Sec. 901 establishes an Office of Strategic Capital within the Office of the Secretary of Defense, with duties that include (1) developing and integrating capital strategies of DOD partners, (2) identifying and prioritizing promising critical technologies and assets in need of capital assistance such as certain loans or equity investments, and (3) funding investments in such technologies and assets. Sec. 902 reinstates the position of Chief Management Officer of the Department of Defense, to be appointed by the President from civilian life with the advice and consent of the Senate (this position was eliminated by Sec. 901 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021). Responsibilities of the Chief Management Officer include (1) managing the enterprise business operations and shared services of DOD, (2) serving as principal advisor on enterprise business operations, and (3) exercising authority over those defense agencies and field agencies providing shared business services for DOD. Sec. 903 changes the duties of the Director of Cost Assessment and Program Evaluation (CAPE), eliminating a requirement to assess the effect of DOD spending on the U.S. economy and adding a requirement to lead the standardization of analytical methodologies and establish a centralized knowledge repository of data for modeling and simulation. This section also requires DOD to establish an analytical team, reporting only to the Secretary of Defense, which shall critically assess methodologies, assumptions and data used in certain analyses conducted by the CAPE Director. For additional information see CRS Insight IN12254, FY2024 NDAA: Department of Defense Office of Cost Assessment and Program Evaluation (CAPE). TITLE X--GENERAL PROVISIONS This title sets policy in various areas, including counterdrug activity, naval vessels, and servicemember rights to readmission at institutions of higher education. Below are some examples of provisions in this title. Sec. 1013 increases the maximum cost of small-scale construction projects (from $750,000 to $1,500,000) that DOD may fund to support the activities of foreign law enforcement agencies to counter transnational organized crime and drug-related activities. Sec. 1022 requires the Navy to maintain at least 24 amphibious warfare ships operationally available for worldwide deployment. (Amphibious warfare ships include general purpose amphibious assault ships, multi-purpose amphibious assault ships, amphibious transport docks, or dock landing ships.) Sec. 1023 bars funds authorized to be appropriated under this bill to be obligated or expended to retire, prepare for retirement, or place in storage the following naval vessels: USS Germantown (LSD 42), USS Gunston Hall (LSD 44), USS Tortuga (LSD 46) or USS Shiloh (CG 67). Sec. 1082 bars funds authorized to be appropriated under this bill or otherwise made available from being obligated or expended for the destruction of antipersonnel mines (except in the case of unsafe mines) until DOD submits a report to Congress on DOD policy regarding the use of antipersonnel mines and projected inventory levels of such mines over the next 10 years. Sec. 1090K eliminates a requirement that servicemembers must serve on active duty for more than 30 days to be covered under a law that mandates institutions of higher education readmit members of the armed forces who are absent due to active duty service. TITLE XI--CONNECTING OCEANIA'S NATIONS WITH VANGUARD EXERCISES AND NATIONAL EMPOWERMENT Connecting Oceania's Nations with Vanguard Exercises and National Empowerment or the CONVENE Act of 2023 This title authorizes the Department of State to engage with Micronesia, the Marshall Islands, and Palau to advise and provide assistance to each country's national security council or similar coordinating body. The assistance is intended to help these counties better coordinate with the U.S. government and armed forces and to increase cohesion on activities such as emergency response and maritime security. TITLE XII--CIVILIAN PERSONNEL MATTERS This title sets policy for various matters related to DOD civilian employees. Below are some examples of provisions in this title. Sec. 1206 expands a direct hiring authority for certain DOD laboratories, increasing the number of direct appointments to scientific and engineering positions from 6% to 11% of the total positions. Sec. 1207 expands a DOD direct hiring authority to apply to DOD positions for which there is a critical hiring need or shortage of candidates in support of (1) aircraft operations; (2) the safety of the public, law enforcement, or first response; or (3) the DOD Office of the Inspector General relating to oversight of the conflict in Ukraine. Sec. 1210 expands the Department of the Air Force's authority to hire civilians as instructors at the Air University to include hiring for the Space Delta 13, (the U.S. Space Force organization for developing and educating its leaders. (The Department of the Air Force includes both the Air Force and the Space Force.) TITLE XIII--MATTERS RELATING TO FOREIGN NATIONS This title sets policy for various matters related to DOD interactions with foreign nations, including security cooperation initiatives. It includes subtitles related to (1) security assistance and training; (2) Syria, Iraq, and Iran; (3) Europe and Russia; and (4) the Indo-Pacific region. Below are some examples of provisions in this title. Subtitle A--Assistance and Training Sec. 1301 requires DOD to seek to develop a regional Middle East integrated maritime domain awareness capability that includes Israel to protect the people, infrastructure, and territory of countries in the region against Iran and nonstate actors, such as violent extremist organizations and criminal networks. DOD must report to Congress a strategy and feasibility study for achieving an integrated regional maritime domain awareness capability. Sec. 1302 authorizes DOD to provide friendly foreign militaries with persistent advanced networked training and exercise activities, subject to restrictions in current law. Sec. 1303 increases the amount allowed for small-scale construction projects in DOD security cooperation programs, projects specifically intended to build the capacity of partner nations' national security forces to conduct a variety of operations. The section also expands DOD security cooperation programs by authorizing such programs to build the capacity of foreign forces in (1) counterillicit trafficking operations, and (2) foreign internal defense operations. Sec. 1304 extends the authority for DOD to continue an initiative of legal institutional capacity building with the defense ministries of foreign countries through 2028. Sec. 1306 extends the authority for DOD to continue to provide logistical support for stabilization activities in Iraq, Syria, Afghanistan, and Somalia through 2025. Sec. 1307 extends the authority for DOD to continue to enter into cross-servicing agreements to loan military coalition partners personnel protection and personnel survivability equipment through 2029. Sec. 1308 limits the authority of DOD to spend more than 75% of Operations and Maintenance funds for FY2024 until DOD submits a security cooperation strategy for each combatant command as required by the National Defense Authorization Act for Fiscal Year 2022. Sec. 1309 establishes additional requirements for the DOD Security Cooperation Workforce Development Program. Specifically, the section requires the program to provide comprehensive personnel tracking and accounting for all DOD employees engaged in the security cooperation enterprise. Through the program, DOD must also ensure that all DOD security cooperation personnel assigned to U.S. embassies are trained to a level of proficiency equal to those trained to be defense attaches. This section also establishes a Foreign Military Sales Center of Excellence and a Defense Security Cooperation University. Sec. 1310 authorizes DOD to support, on a reimbursement basis, border security operations conducted by Tajikistan, Uzbekistan and Turkmenistan on their borders with Afghanistan. Sec. 1312 requires the Air Force to train Israeli Air Force personnel to operate the KC-46 aerial refueling aircraft and to establish a military personnel exchange program with Israel for training on the KC-46 aircraft. The section also requires DOD to rotationally deploy KC-46 aircraft to Israel if the government of Israel consents to the deployment. Subtitle B--Matters Relating to Syria, Iraq, and Iran Sec. 1321 extends the authority for DOD to continue to provide training and equipment to vetted Syrian groups and individuals through 2024. Sec. 1322 extends the authority for DOD to continue to operate an office of security cooperation in Iraq through FY2024 and reduces the amount of authorized funds. Sec. 1323 extends the authority for DOD to provide assistance to Iraqi and local security forces fighting the Islamic State of Iraq and Syria through 2024. The section also authorizes assistance to counter threats from unmanned aerial systems. Sec. 1325 renews a requirement for an executive branch official to coordinate the U.S. government response to issues related to Islamic State of Iraq and Syria (ISIS) members in the custody of Syrian Democratic Forces. The section also modifies aspects of this coordinator position, such as by expanding the scope to include issues concerning relevant displaced individuals who are not ISIS members. Specifically, the section renews the requirement to have this coordinator position through January 31, 2025. Under current law, this requirement expired on January 31, 2021. Subtitle C--Matters Relating to Europe and the Russian Federation Sec. 1331 extends through 2027 the authority for DOD to continue the Ukraine Security Assistance Initiative, which (among other authorizations) provides security assistance to Ukraine. Sec. 1332 extends through 2026 the authority for DOD to continue to provide assistance for training certain eastern European national security forces in multilateral exercises, and adds Kosovo as an eligible country. Sec. 1334 extends the authority for DOD to continue to enter into multiyear procurement contracts to replace certain weapons and munitions transferred to Ukraine through FY2025 and authorizes multiyear procurement for additional types of munitions. Sec. 1335 requires DOD to prioritize U.S. military basing, training, and exercises among NATO allies to those countries spending at least 2% of gross domestic product on defense unless waived due to U.S. national security interests. Subtitle D--Matters Relating to the Indo-Pacific Region Sec. 1341 establishes an Indo-Pacific campaigning initiative, seeking to ensure the U.S. Indo-Pacific Command conducts logically linked military activities to achieve strategy-aligned objectives. The initiative's goals shall include (1) strengthening U.S. military alliances and partnerships in the region, (2) deterring military aggression by potential adversaries, and (3) shaping the perception of potential adversaries with respect to U.S. military capabilities. Sec. 1342 requires DOD to establish a comprehensive training, advising, and institutional capacity-building program for Taiwan's military forces. Sec. 1343 requires DOD to seek to establish an initiative with allies and partners to bolster maritime domain awareness in the Indo-Pacific region. Sec. 1344 extends the authority for DOD to continue the Pacific Deterrence Initiative (a program to enhance the United States deterrence and defense posture in the Indo-Pacific region) through the end of FY2024. Sec. 1346 extends the authority for DOD to continue a program to improve cyber cooperation with foreign military partners in southeast Asia through 2029. The section also adds the Philippines and Malaysia to the program. Sec. 1347 authorizes DOD to enter into multiyear procurement contracts to replace certain munitions transferred to Taiwan and to authorize DOD to enter into agreements with Taiwan and other foreign allies to provide materiel and related services in support of Taiwan. This authority matches current law regarding Ukraine. The section also extends the authority for DOD to enter into these contracts and agreements through fiscal year 2028. Sec. 1351 requires DOD to seek to ensure that India is appropriately considered for security cooperation benefits as a major defense partner of the United States. Sec. 1352 requires DOD to seek to engage with Taiwan to expand military cybersecurity activities. Sec. 1353 requires DOD to designate a senior civilian official to oversee the U.S.-Australia-United Kingdom security partnership (AUKUS). Sec. 1361 prohibits funds authorized by this bill to be used to support any film, television, or other entertainment project if is likely to comply with a demand from China to censor the project's content. Sec. 1362 prohibits funds authorized by this bill to be made available to the Wuhan Institute of Virology for any purpose. Subtitle E--Securing Maritime Data From China Securing Maritime Data from China Act of 2023 Sec. 1373 prohibits DOD from entering into or renewing contracts with entities that use LOGLINK or any logistics platform associated with the Chinese government. Subtitle G--Other Matters Sec. 1392 requires DOD to establish a partnership program with other countries to develop and maintain military-wide transformational strategies for operational energy. Sec. 1393 authorizes DOD to expend funds to support foreign forces, irregular forces, or individuals engaged in supporting or facilitating irregular warfare operations by U.S. special operations forces. Sec. 1394 assigns to the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict (SO/LIC) primary oversight responsibility of DOD's clandestine activities in likely or potential operational areas to set conditions for mission execution. The section also requires DOD to establish procedures to ensure coordination, legal review, and adherence to policy for clandestine activities. Sec. 1397 increases the amount authorized for RDT&E for cooperative programs with Israel on military directed energy capabilities, with a corresponding offset decrease in the amount authorized for the Air Force's VC-2B presidential aircraft program. Sec. 1399A extends the prohibition for DOD to provide in-flight refueling to non-U.S. aircraft that engage in hostilities in the ongoing civil war in Yemen, for one year beginning on the date of enactment. Sec. 1399B extends the authority for DOD to jointly carry out research, development, test, and evaluation to establish anti-tunnel capabilities with Israel through 2026. Sec. 1399C prohibits the Secretary of Defense from delegating the authority to designate foreign partner forces as eligible for collective self-defense support by U.S. Armed Forces. Sec. 1399E requires DOD to seek to cooperate with allies and partners in the Middle East to develop an integrated regional cybersecurity architecture and deepen military cybersecurity partnerships. Sec. 1399F authorizes DOD to establish a foreign advance acquisition account to accelerate the production of U.S.-produced defense items in anticipation of transfer through the Foreign Military Sales or Direct Commercial Sales processes. Sec. 1399G limits DOD in expending travel funds for the Office of the Secretary of Defense until it submits to Congress (1) plans for establishing a joint force headquarters in the U.S. Indo-Pacific Command area of responsibility, (2) a plan relating to strategic competition in the U.S. Southern Command and the U.S. Africa Command areas of responsibility, and (3) a strategy and posture review relating to operations in the information environment. Sec. 1399J requires DOD to increase resources allocated to its security cooperation workforce to streamline and expedite the Foreign Military Sales process. The section authorizes DOD to establish the Foreign Military Sales Continuous Process Improvement Board. Sec. 1399K requires DOD to respond to Foreign Military Sales requests for pricing and availability from foreign purchasers no later than 45 days from receipt. Ending China's Developing Nation Status Act Sec. 1399L requires the Department of State to (1) pursue changing China's status from developing nation to developed nation in international organizations if a mechanism exists to make such a change, or (2) propose a new mechanism to make such a change. (Generally, international organizations provide developing nations certain rights and beneficial treatment. For example, the World Trade Organization provides developing nations with so-called special and differential treatment, which includes measures that aim to increase trading opportunities for those nations.) International Port Security Enforcement Act Sec. 1399N prohibits the Department of Homeland Security (DHS) and the Coast Guard, in conducing foreign port security assessments in current law, to enter into agreements with a foreign government that is a state sponsor or terrorism or a foreign terrorist organization. DHS must also deem any port under the jurisdiction of a state sponsor of terrorism as not having effective antiterrorism measures and apply sanctions in current law to the port. Subtitle H--Limitation on Withdrawal From NATO Subtitle H prohibits the President from withdrawing from NATO by suspending, terminating, denouncing, or withdrawing the United States from the North Atlantic Treaty except (1) by and with the advice and consent of the Senate with two-thirds of the Senators present concurring, or (2) pursuant to an act of Congress. The subtitle also limits the use of any authorized funds from this bill to support any decision by a U.S. government official to attempt to withdraw the United States from NATO. Subtitle I--Combating Global Corruption Combating Global Corruption Act Subtitle I requires the State Department to evaluate and annually publish a list of countries that fail to meet certain standards to combat corruption. The subtitle also requires State Department to designate an anticorruption point of contact at each U.S. diplomatic post in each country identified as having failed to meet such standards. Subtitle J--International Children With Disabilities Protection International Children with Disabilities Protection Act of 2023 Subtitle J authorizes the State Department to establish a program for protecting children with disabilities internationally. For additional information see CRS Insight IN12256, FY2024 NDAA: Security Cooperation, CRS Report R41409, Multiyear Procurement (MYP) and Block Buy Contracting in Defense Acquisition: Background and Issues for Congress, CRS In Focus IF11426, Department of Defense Counter-Unmanned Aircraft Systems, CRS In Focus IF12040, U.S. Security Assistance to Ukraine, CRS In Focus IF11080, Syria Conflict Overview: 2011-2021, CRS In Focus IF12438, India-U.S.: Major Arms Transfers and Military Exercises, CRS Report RS21048, U.S. Special Operations Forces (SOF): Background and Considerations for Congress, CRS Report R46066, NATO: Key Issues for the 117th Congress, CRS In Focus IF12481, Taiwan: Defense and Military Issues, CRS In Focus IF10537, Defense Primer: Cyberspace Operations, CRS In Focus IF11437, Transfer of Defense Articles: Foreign Military Sales (FMS), CRS Report R46337, Transfer of Defense Articles: U.S. Sale and Export of U.S.-Made Arms to Foreign Entities, CRS In Focus IF11064, U.S. Efforts to Combat Money Laundering, Terrorist Financing, and Other Illicit Financial Threats: An Overview, and CRS Report R46925, Department of Defense Directed Energy Weapons: Background and Issues for Congress. TITLE XIV--COOPERATIVE THREAT REDUCTION This title allocates amounts authorized for the Cooperative Threat Reduction Program for specified purposes. TITLE XV--OTHER AUTHORIZATIONS This title authorizes appropriations for specified working capital and revolving funds and for other programs, including chemical agents and munitions destruction, drug interdiction and counter-drug activities, and the defense health program. It also sets policy regarding national defense stockpile requirements. Below are some examples of provisions in this title. Sec. 1511 requires DOD to establish policies and procedures to recycle rare earth elements and other strategic and critical materials contained in DOD equipment that has reached the end of its useful life. Sec. 1513 authorizes the National Defense Stockpile to dispose of specified materials, including 8 short tons of beryllium, 5,000 kilograms of germanium, and 154,043 short dry tons of metallurgical grade manganese ore. Sec. 1522 authorizes appropriations for the Armed Forces Retirement Home Trust Fund. For additional information see CRS Report R46618, An Overview of Rare Earth Elements and Related Issues for Congress. TITLE XVI--SPACE ACTIVITIES, STRATEGIC PROGRAMS, AND INTELLIGENCE MATTERS This title sets policy for various matters related to space activities, nuclear forces, missile defense, and intelligence. Below are examples of provisions in this title. Subtitle A--Space Activities Sec. 1601 requires DOD to establish a third lane for Phase 3 of National Security Space Launch (NSSL) acquisition while authorizing DOD's current two lanes of NSSL acquisition for FY2025 through FY2029. The third lane, for FY2027 through FY2029, requires DOD to establish an acquisition program meeting the requirements for the current Lane 2 to obtain five launches of GPS Block IIIF satellites or satellites where the launches are complex, high-energy missions. Sec. 1602 requires the Department of the Air Force to designate a date for the initial operating capability of the Advanced Tracking and Launch Analysis System (ATLAS), and to terminate the program if it does not achieve initial operating capability by that date. Sec. 1603 designates the Department of the Air Force as responsible for tasking of space-based ground and airborne moving target indication systems. Sec. 1605 requires the Space Development Agency to use the middle tier of acquisition authority (typically used to rapidly develop fieldable prototypes to demonstrate new capabilities or rapidly field production quantities of systems that require minimal development) for the rapid fielding of satellites and associated systems for the first three tranches of the agency's proliferated warfighter space architecture. Sec. 1606 authorizes the military services to provide space launch support services to civil and commercial space entities. Sec. 1609 limits the Department of the Air Force in expending military construction funds on a headquarters for the U.S. Space Command until it submits a report to Congress justifying the selection of a permanent location for that headquarters. This section also limits the Department of the Air Force from expending a portion of its travel funds until the report has been submitted. Subtitle B--Nuclear Forces Sec. 1611 prohibits DOD from reducing the number of deployed intercontinental ballistic missiles (ICBMs) to below 400. Sec. 1612 requires DOD to refurbish at least 150 silos at certain locations for use by the LGM-25A Sentinel ICBM program. Sec. 1613 authorizes multiyear procurement contracts and advance procurement for the Sentinel ICBM program and imposes certain requirements related to such procurement. Sec. 1618 requires DOD to establish a nuclear sea-launched cruise missile (SLCM-N) program. This section also requires the National Nuclear Security Administration to initiate the feasibility study and design option phase for the warhead that would be used with the SLCM-N. Sec. 1619 requires the Air Force to develop a replacement for the Strategic Automated Command and Control System (SACCS) by the time the LGM-25A Sentinel ICBM reaches initial operational capability. Sec. 1623 limits DOD in using operation and maintenance funds until it fully complies with information requests from the GAO regarding a study on DOD strategic nuclear weapons capabilities, force structure, employment policy, and targeting requirements. Sec. 1624 requires the Office of the Director of National Intelligence (ODNI) to notify Congress within 48 hours after assessing that Iran has any amount of uranium-235 enriched to greater than 60% purity or has engaged in significant enrichment activity. For the purposes of this notification requirement, significant enrichment activity is enrichment of uranium-235 (1) to a purity percentage 5% or higher than indicated in any prior notification to Congress, or (2) in a quantity exceeding 10 kilograms. Subtitle C--Missile Defense Sec. 1634 authorizes the Missile Defense Agency to procure components from Israel for the Iron Dome short-range rocket system. The section also authorizes funds and coproduction with Israel for the David's Sling weapon system and the Arrow 3 upper tier interceptor program. Sec. 1637 requires U.S. Indo-Pacific Command to develop a comprehensive strategy to acquire and establish an integrated air and missile defense architecture for the command's area of responsibility. Sec. 1641 statutorily requires DOD to establish an electronic warfare executive committee to inform, coordinate, and evaluate matters of electronic warfare. The section also requires DOD to establish (1) processes and procedures for electronic warfare and joint electromagnetic spectrum operations across DOD, and (2) an Electromagnetic Spectrum Enterprise Operational Lead for Joint Electromagnetic Spectrum Operations at the U.S. Strategic Command. DOD must also report to Congress annually on various issues, including (1) DOD's electronic warfare strategy, (2) an evaluation of whether sufficient funds exist in the President's annual budget submission for electromagnet battle management and joint electromagnetic spectrum operations cells, and (3) an electromagnetic spectrum superiority implementation plan. Sec. 1645 requires DOD to establish requirements for protecting sensor, navigation, and communications systems against jamming, spoofing, and unintended interference from military systems. DOD must also prioritize such protection efforts. DOD must also require the military departments and combat support agencies to take actions to ensure that certain radar, signals intelligence, navigation, and communications systems are able to withstand jamming, spoofing, and unintended interference. Such actions shall include periodically testing each system and retrofitting as necessary. Sec. 1646 limits DOD spending in support of activities involving unidentified anomalous phenomena protected under any form of restricted or special access that have not been formally described, explained, and justified to Congress. Sec. 1647 extends through 2025 the authority of DOD to engage in commercial activities necessary to provide security for authorized intelligence collection activities abroad. The section also requires DOD to pre-coordinate with the Central Intelligence Agency when engaging in such activities. For additional information see CRS In Focus IF11531, Defense Primer: National Security Space Launch, CRS In Focus IF11495, Defense Primer: The United States Space Force, CRS In Focus IF11681, Defense Primer: LGM-35A Sentinel Intercontinental Ballistic Missile, CRS In Focus IF12084, Nuclear-Armed Sea-Launched Cruise Missile (SLCM-N), CRS In Focus IF11118, Defense Primer: Electronic Warfare, CRS Report R41409, Multiyear Procurement (MYP) and Block Buy Contracting in Defense Acquisition: Background and Issues for Congress, and CRS In Focus IF12106, Iran and Nuclear Weapons Production. TITLE XVII--CYBERSPACE-RELATED MATTERS This title sets policy for various matters related to U.S. military cyber activities, DOD's cyber work force, and cyber acquisition. Below are examples of provisions in this title. Subtitle A--Matters Relating to Cyber Operations and Cyber Forces Sec. 1701 requires DOD to develop a plan to standardize enlistment lengths, tour lengths, and training standards for cyber personnel across the military services. The U.S. Cyber Command must commence a pilot program to assess the feasibility and advisability of acquiring the services of skilled personnel in critical work roles of the Cyber Mission Force. Sec. 1702 requires DOD to establish a dedicated cyber intelligence capability to support the requirements of the U.S. Cyber Command and various other parts of DOD relating to intelligence on cyber technology development, capabilities, and plans and intentions of cyber threat actors. DOD may establish an all-source analysis center to provide this capability. Sec. 1704 requires DOD to modernize its cyber red teams with a focus on utilizing cyber threat intelligence and threat modeling. Sec. 1706 authorizes DOD to conduct cyber operations with Mexico to detect and monitor Mexican transnational criminal organizations engaged in illegal activities such as drug smuggling, human trafficking, or weapons trafficking. Sec. 1707 requires DOD to establish a pilot program to collaborate with U.S. semiconductor manufacturers on improving the cybersecurity of the supply chain for semiconductor design and manufacturing. Sec. 1708 requires DOD to seek to enter into an agreement with the National Academy of Public Administration for a study to evaluate the feasibility and desirability of establishing a Cyber Force as a separate military service. Subtitle B--Matters Relating to Department of Defense Cybersecurity and Information Technology Sec 1711 requires DOD to create a process for enabling public network service providers of fifth generation (5G) information and communications capabilities to provide commercial subscriber services to government and contractor personnel on DOD bases and facilities. Sec. 1712 requires DOD to carry out a modernization program for network boundary and cross-domain defense against cyber attacks, expanding on an FY2023 pilot program. Sec. 1715 assigns responsibility for DOD-wide cyber incident reporting and notification to the Department of Defense Information Network. DOD must also ensure that DOD components document instances in which DOD personnel are affected by a privacy data breach and notify those individuals within 72 hours of discovery of the breach. Sec. 1717 requires DOD to establish a cross-functional team to develop and direct the implementation of a threat-driven cyber defense construct for systems and networks supporting the nuclear command, control, and communications mission. Sec. 1719 establishes the Identity, Credential, and Access Management initiative as a DOD program of record. This would require DOD to list this program in the Future Years Defense Program (FYDP) and to abide by certain federal and DOD regulations for acquisition. Sec. 1722 requires DOD to establish a pilot program to assess the feasibility and advisability of implementing industry open technical standards for digital content provenance for publicly-released DOD photographic and video content. This section also requires the Defense Media Activity to establish a course at the Defense Information School to teach practical concepts and skills related to issues related to digital content provenance, including the challenges posed to DOD operations by digital content forgery. Sec. 1723 authorizes certain postgraduation recipients of Cyber Service Academy scholarship grants to meet the obligations of their postaward employment through employment in the Intelligence Community, including in elements that are not part of DOD. To satisfy these obligations, the employment must be with an element of the Intelligence Community that has entered into an agreement with DOD concerning such postaward employment. Sec. 1725 requires DOD to establish a chief digital and artificial intelligence officer governing council to ensure the responsible, coordinated, and ethical employment of data and artificial intelligence capabilities across DOD. Sec. 1726 requires DOD to provide support to selected institutions of higher learning that offer programs to future military and civilian DOD leaders for operational cyber expertise. Such support shall include (1) expanding cyber educational programs focused on enhancing the transition of civilian and military DOD leaders into cyber fields within DOD, (2) hands-on cyber opportunities, and (3) direct financial assistance to civilian and military students at DOD. Sec. 1728 requires the GAO to report on DOD efforts to protect personal information of DOD personnel from exploitation by foreign adversaries. For additional information see CRS In Focus IF10537, Defense Primer: Cyberspace Operations. TITLE XVIII--SPACE FORCE PERSONNEL MANAGEMENT Space Force Personnel Management Act This title sets policy with regards to the management of Space Force military personnel. Below are some examples of provisions in this title. Sec. 1803 requires DOD to seek to enter into an agreement with a federal funded research and development center to conduct an independent study to assess the feasibility and advisability of moving all National Guard units performing core space functions or otherwise integral to the Space Force mission into a single-component Space Force. The study must include an analysis of several options, including creating a National Guard component of the Space Force. Sec. 1811 specifies that all members of the Space Force shall be managed through a single personnel management system without component (i.e., there will not be separate personnel systems for a full-time regular component and a mostly part-time reserve component). Sec. 1812 eliminates the Regular Space Force from a statute describing the composition of the Space Force, thereby eliminating a distinction between active component and reserve component personnel that is found in other military services. Sec. 1814 specifies that each member of the Space Force will be assigned to one of three duty statuses: (1) active status, (2) inactive status, or (3) retired status. This section also addresses how the minimum service requirement for new members of the armed forces will be applied to members of the Space Force. Sec. 1841 sets a transition period, ending on the last day of the fourth fiscal year beginning after the date of enactment of the bill, for the U.S. Space Force to transition to the new personnel management system specified in this title (i.e., the single personnel management system without component required by Sec. 1811). Sec. 1845 requires the Department of the Air Force to disestablish the Regular Space Force once all Space Force personnel are transitioned to the Space Force without component (but no later than the end of the transition period specified in Section 1841). DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS Military Construction Authorization Act for Fiscal Year 2024 TITLE XXI--ARMY MILITARY CONSTRUCTION This title authorizes appropriations for (1) specified Army construction and land acquisition projects, and (2) new construction, improvements, and planning for Army family housing. This title also extends the authorization of certain projects from previous fiscal years. Below are some examples of provisions in this title. Sec. 2101 authorizes various Army military construction projects. Sec. 2102 authorizes various Army family housing projects. Sec. 2103 authorizes appropriations for the previously specified Army military construction and family housing projects. Sec. 2105 extends a 2018 project authorization for an unmanned aerial vehicle hangar at Kunsan Air Base, South Korea. TITLE XXII--NAVY MILITARY CONSTRUCTION This title authorizes appropriations for (1) specified Navy construction and land acquisition projects, and (2) new construction, improvements, and planning for Navy family housing. This title also extends the authorization of certain projects from previous fiscal years. Below are some examples of provisions in this title. Sec. 2201 authorizes various Navy military construction projects. Sec. 2202 authorizes various Navy family housing projects. Sec. 2203 authorizes appropriations for the previously specified Navy military construction and family housing projects. Sec. 2205 extends several 2021 project authorizations, including a wastewater treatment plant at Twentynine Palms, CA. TITLE XXIII--AIR FORCE MILITARY CONSTRUCTION This title authorizes appropriations for (1) specified Air Force construction and land acquisition projects, and (2) improvements and planning for Air Force family housing. This title also extends the authorization of certain projects from previous fiscal years. Below are some examples of provisions in this title. Sec. 2301 authorizes various Air Force military construction projects. Sec. 2302 authorizes various Air Force family housing projects. Sec. 2303 authorizes appropriations for the previously specified Air Force military construction and family housing projects. Sec. 2304 extends several 2017 project authorizations, including a C-130J corrosion control hangar at Yokota Air Base, Japan. TITLE XXIV--DEFENSE AGENCIES MILITARY CONSTRUCTION This title authorizes appropriations for (1) specified Defense Agency construction and land acquisition projects, and (2) specified energy conservation and utility system projects. This title also extends or modifies the authorization of certain projects from previous fiscal years. Below are some examples of provisions in this title. Sec. 2401 authorizes various DOD agency military construction projects. Sec. 2402 authorizes various energy resilience and conservation investment program projects. Sec.2403 authorizes appropriations for the previously specified DOD agency military construction and energy resilience and conservation investment program projects. Sec. 2405 extends several 2019 project authorizations, including an elementary school at Camp McTureous, Japan. TITLE XXV--INTERNATIONAL PROGRAMS This title authorizes DOD to make specified contributions to NATO for construction and land acquisition projects, and to accept specified military construction projects from South Korea and Poland as in-kind contributions. Below are some examples of provisions in this title. Sec. 2501 authorizes DOD to make contributions for authorized NATO military construction projects. Sec. 2502 authorizes appropriations for the contributions authorized in section 2501. Sec. 2511 authorizes DOD to accept certain military construction projects in South Korea, with in-kind funding contributions from the South Korean government. Sec. 2512 authorizes DOD to accept certain military construction projects in Poland, with in-kind funding contributions from the Polish government. TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES This title authorizes appropriations for specified construction and land acquisition projects for the Army National Guard, Army Reserve, Navy Reserve, Marine Corps Reserve, Air National Guard, and Air Force Reserve. This title also extends or modifies the authorization of certain projects from previous fiscal years. Below are some examples of provisions in this title. Sec. 2601 authorizes various Army National Guard military construction projects. Sec. 2602 authorizes various Army Reserve military construction projects. Sec. 2603 authorizes various Navy Reserve and Marine Corps Reserve military construction projects. Sec. 2604 authorizes various Air National Guard military construction projects. Sec. 2605 authorizes various Air Force Reserve military construction projects. Sec. 2606 authorizes appropriations for the previously specified National Guard and Reserve military construction projects. Sec. 2607 extends a 2018 project authorization at Hulman Regional Airport, IN. TITLE XXVII--BASE REALIGNMENT AND CLOSURE ACTIVITIES This title authorizes appropriations for base realignment and closure activities as authorized by the Defense Base Closure and Realignment Act of 1990. TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS This title sets policy in such areas as military construction and military housing. This title also authorizes specified land conveyances. Below are some examples of provisions in this title. Sec. 2801 authorizes U.S. Indo-Pacific Command to carry out military construction projects not otherwise authorized by law, with a cost of any such project not to exceed $15 million, to (1) support the rotational deployment of the armed forces, (2) enhance facility preparedness and installation resilience in support of national defense activities, or (3) provide for prepositioning and storage of equipment and supplies. Sec. 2813 authorizes the military departments to carry out pilot programs under which existing enlisted barracks in substandard condition may be replaced with new enlisted barracks not otherwise authorized by law. Sec. 2842 requires DOD to implement the recommendations contained in the GAO report entitled DOD Can Further Strengthen Oversight of Its Privatized Housing Program or, if DOD does not implement all of the recommendations, to submit a report to Congress explaining the reasons for not implementing those recommendations. Sec. 2852 requires DOD to include certain questions related to living accommodation satisfaction in its annual status of forces survey. Sec. 2862 authorizes the Department of theArmy to convey a parcel of property known as the Wetzel County Memorial Army Reserve Center to the City of Martinsville, WV, for the purposes of providing emergency management response or law enforcement services. For additional information see CRS Insight IN12229, FY2024 NDAA: Military Construction and Housing Authorities. DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND OTHER AUTHORIZATIONS TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS This title authorizes appropriations for the activities of the National Nuclear Security Administration (NNSA), defense environmental cleanup, nuclear energy, and other defense activities. This title also sets policy for certain nuclear related matters and authorizes new plant projects for the NNSA at specified locations. Below are some examples of provisions in this title. Sec. 3119 limits funds authorized to be appropriated for FY2024 under this bill for operations of the Office of the Administrator for Nuclear Security. Under this section, no more than 50% of such funds may be obligated or expended until the NNSA submits a report to Congress on the spend plan for the warhead associated with the sea-launched cruise missile. Sec. 3143 prohibits the Department of Energy (DOE) from drawing down and selling petroleum products from the Strategic Petroleum Reserve (1) to any entity under the control of the Chinese Communist Party, China, Russia, North Korea, or Iran; or (2) except on the condition that such products not be exported to China, Russia, North Korea, or Iran. Sec. 3144 establishes new programs and expands existing programs to increase domestic supplies of certain types of low-enriched uranium. For example, the DOE must establish a program to increase the production of certain types of low-enriched uranium by U.S. nuclear energy companies. TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD This title authorizes appropriations for the Defense Nuclear Facilities Safety Board. TITLE XXXV--MARITIME ADMINISTRATION This title makes editorial changes to a statutory provision that defines certain aspects of the Maritime Administration, such as the administration's organization and powers. DIVISION D--FUNDING TABLES TITLE XLI--PROCUREMENT This title sets forth amounts requested and authorized for procurement. TITLE XLII--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION This title sets forth amounts requested and authorized for research, development, test, and evaluation. TITLE XLIII--OPERATION AND MAINTENANCE This title sets forth amounts requested and authorized for operation and maintenance. TITLE XLIV--MILITARY PERSONNEL This title sets forth amounts requested and authorized for military personnel. TITLE XLV--OTHER AUTHORIZATIONS This title sets forth amounts requested and authorized for the National Defense Stockpile Transaction Fund, various working capital funds, chemical agents and munitions destruction, drug interdiction and counterdrug activities, the Office of the Inspector General, and the defense health program. TITLE XLVI--MILITARY CONSTRUCTION This title sets forth amounts requested and authorized for military construction. TITLE XLVII--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS This title sets forth amounts requested and authorized for DOE national security programs. For additional information see CRS Insight IN12209, FY2024 NDAA: Summary of Funding Authorizations. DIVISION E--ADDITIONAL PROVISIONS TITLE LI--PROCUREMENT This title contains the additional provisions related to procurement. For example, Sec. 5133 prohibits DOD from expending funds on retiring F-15E aircraft through fiscal year 2029. TITLE LII--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION This title contains the additional provisions related to RDT&E. Below are some examples of provisions in this title. Sec. 5201 authorizes DOD to establish public-private exchange programs, each with up to 10 participants, focused on private sector entities working on quantum information sciences and technology research applications. Sec. 5203 authorizes DOD to establish a fellowship program in quantum information science and technology research for individuals with a graduate or postgraduate degree. Sec. 5206 authorizes the military departments to, upon receiving DOD approval, use rapid acquisition and funding authorities to leverage emerging technological advancements or to provide a rapid response to an emerging threat. This section also includes various requirements related to such authorities, such as the information a military department must provide to DOD when requesting approval to use such authorities. For additional information see CRS In Focus IF11836, Defense Primer: Quantum Technology, and CRS Insight IN12225, FY2024 NDAA: Department of Defense Acquisition Policy. TITLE LIII--OPERATION AND MAINTENANCE This title requires a report to Congress from the Office of the Undersecretary of Defense for Acquisition and Sustainment on incinerators and waste-to-energy waste disposal alternatives to burn pits. TITLE LVI--COMPENSATION AND OTHER PERSONNEL BENEFITS This title contains the following additional provisions related to military compensation. Sec. 5631 expands a program that provides transitional compensation to dependents of servicemembers separated from active duty for dependent abuse. Specifically, this section authorizes the program to provide compensation in cases where the servicemember was convicted of dependent abuse in a federal district court or state court and was separated from active duty for an offense other than the dependent abuse offense. (The current program is generally limited to cases where the servicemember is separated from active duty or forfeits all pay and allowances as a result of the dependent abuse offense.) Sec. 5632 requires DOD to report to Congress on the effect of a 2019 law that phased out a requirement that certain DOD survivor benefits be reduced if the survivor also received payments under a Department of Veterans Affairs (VA) program that provides a tax-free cash benefit to eligible survivors of certain deceased servicemembers. Specifically, the report must assess the effects, including any unintended consequences, of phasing out the requirement that payments under the DOD Survivor Benefit Plan be offset by payments received through the VA's Dependency and Indemnity Compensation program. For additional information see CRS Report R45325, Military Survivor Benefit Plan: Background and Issues for Congress. TITLE LVII--HEALTH CARE PROVISIONS This title contains additional provisions related military health care. Below are some examples of provisions in this title. Sec. 5701 expands the authority to provide hearing aids at uniformed services medical facilities to include certain dependents of military retirees enrolled in family coverage under the TRICARE Prime health care plan. Sec. 5724 authorizes DOD to expand a demonstration project (intended to evaluate the cost, quality, and impact of doulas and lactation consultants) to add coverage of labor doula care, or reimbursement for such care, for all beneficiaries under the TRICARE health care program. (Currently, the demonstration project is only for TRICARE Prime or TRICARE Select enrollees.) This section also authorizes military medical treatment facilities to hire doulas. TITLE LVIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED MATTERS This title contains the following additional provisions related to acquisitions and acquisition management. Sec. 5841 requires DOD to issue guidance to enhance the ability of small businesses to compete for DOD contracts, including by allowing the temporary waiver of certain requirements to bid on a contract. Sec. 5851 requires DOD to brief Congress on the designation of certain parts as proprietary in the Defense Logistics Agency system over the past five years. For additional information see CRS In Focus IF11543, Defense Primer: The Defense Logistics Agency. TITLE LX--OTHER MATTERS This title addresses a variety of topics, including DOD efforts related to artificial intelligence (AI), child abuse, and visas for foreign nationals employed by the U.S. government abroad. Below are some examples of provisions in this title. Sec. 6079 requires DHS to transfer to California without reimbursement seven Coast Guard HC-130H aircraft (a fixed wing search-and-rescue aircraft), along with initial spares and necessary ground support equipment, if the governor of California submits a written request for such aircraft. The transferred aircraft must be demilitarized and used only for wildfire suppression purposes. Sec. 6082, the Preventing Child Sex Abuse Act of 2023, makes changes to the federal law prohibiting child sexual tourism. This section (1) revises the specific intent required for certain offenses involving interstate or foreign travel to engage in or facilitate illicit sexual conduct; (2) establishes new criminal offenses for acts in furtherance of illicit sexual conduct by an officer, director, employee, or agent of an organization through his or her connection to or affiliation with the organization; and (3) specifies that the term sexual activity for which any person can be charged with a criminal offense does not require interpersonal physical contact. Sec. 6097 authorizes DOD to implement a bug bounty program for foundational AI models (an adaptive generative model that is trained on a broad set of unlabeled data sets that can be used for different tasks, with minimal fine-tuning) being integrated into DOD missions and operations. (Current DOD bug bounty programs pay certain individuals to identify and resolve security vulnerabilities in websites and other systems.) Sec. 6098 requires DOD to conduct a study analyzing certain vulnerabilities to AI-enabled military applications. Subtitle H--Granting Recognition to Accomplished Talented Employees for Unwavering Loyalty Act Granting Recognition to Accomplished Talented Employees For Unwavering Loyalty Act or the GRATEFUL Act Sec. 6093 makes additional visas available under a program that provides special immigrant visas to eligible foreign nationals who were employed by the U.S. government abroad. Generally, under this program, a foreign national (and their spouse and children) may receive a special immigrant visa if (1) the foreign national has been employed by the U.S. government abroad for at least 15 years, and (2) the Department of State has found that it is in the national interest to award the visa. There are a limited number of such visas available each fiscal year. This section makes additional special immigrant visas available if no visas are immediately available. Up to 3,500 additional visas shall be made available for FY2024, and up to 3,000 shall be made available in each subsequent fiscal year. TITLE LXII--MATTERS RELATING TO FOREIGN NATIONS This title contains additional provisions related to DOD interactions with foreign nations. Subtitle C--Matters Relating to Europe and the Russian Federation Sec. 6231, the Black Sea Security Act of 2023, requires the National Security Council to prepare a strategy for Black Sea security and development to (1) increase coordination with NATO and the European Union, (2) deepen economic ties, (3) strengthen energy security, (4) support efforts to bolster regional democratic resilience, and (5) enhance security assistance with regional partners. Subtitle D--Matters Relating to the Indo-Pacific Region Sec. 6242 requires the President to stake steps to treat Taiwan as if it were included in the countries eligible for a strategic trade authorization exception for the purposes of export controls. Before Taiwan receives such treatment, the President must ensure that Taiwan meets certain criteria, particularly with respect with aligning Taiwan's export control policies with those of the United States. Subtitle G--Other Matters Sec. 6292 requires the Office of the Director of National Intelligence to assess and report on the top five technologies that originate in the United States and are not currently subject to export controls, in order to identify the risk from those technologies that could be used for espionage by foreign adversaries. Sec. 6293 requires the President to certify to Congress, prior to transferring any Virginia-class submarines to Australia, that the submarines would be used for joint security interests and that Australia is ready to support their operations and nuclear power procedures. For additional information see CRS Report R46458, Emerging Military Technologies: Background and Issues for Congress, and CRS Report RL32418, Navy Virginia-Class Submarine Program and AUKUS Submarine Proposal: Background and Issues for Congress. TITLE LXV--SPACE ACTIVITIES, STRATEGIC PROGRAMS, AND INTELLIGENCE MATTERS This title contains the following additional provision related to nuclear forces. Sec. 6511 requires the National Nuclear Security Administration (NNSA) to report to Congress annually on the joint development of the long-range stand-off weapon, including the Air Force-developed missile and the NNSA W80-4 warhead life extension program. For additional information see CRS In Focus IF10519, Defense Primer: Strategic Nuclear Forces. TITLE LXVIII--FEND OFF FENTANYL ACT Fentanyl Eradication and Narcotics Deterrence Off Fentanyl Act or the FEND Off Fentanyl Act. This title contains provisions related to trafficking of fentanyl and other illicit opioids. Below are some examples of provisions in this title. Sec. 6813 requires that the sanctions specified in Executive Order 14059 (relating to sanctions on foreign persons involved in the global illicit drug trade), as well as any amendments to or directives issued pursuant to that executive order before the date of the enactment of this bill, shall remain in effect. Sec. 6814 requires the President to impose property-blocking sanctions on any foreign person knowingly involved in (1) significant trafficking of fentanyl, fentanyl precursors, or other related opioids, including such trafficking by a transnational criminal organization; or (2) significant activities of a transnational criminal organization relating to the trafficking of fentanyl, fentanyl precursors, or other related opioids. Sec. 6831 authorizes the Department of the Treasury to take certain actions relating to certain financial institutions, classes of transactions, or types of accounts that (1) involve a non-U.S. jurisdiction, and (2) are primary money laundering concerns in connection with illicit opioid trafficking. Specifically, for such institutions, transaction classes, or account types, Treasury may require domestic financial institutions to (1) take certain special measures, (2) prohibit certain transmittals of funds, or (3) impose conditions on transmittals of funds. Sec. 6832 requires Treasury's Financial Crimes Enforcement Network to issue guidance to U.S. financial institutions for filing reports of suspicious transactions related to suspect fentanyl trafficking by transnational criminal organizations. For additional information see CRS In Focus 122260, The Opioid Crisis in the United States: A Brief History, and CRS In Focus 10890, China Primer: Illicit Fentanyl and China's Role. TITLE LXXVIII--MILITARY CONSTRUCTION AND GENERAL PROVISIONS This title contains the following additional provisions related to military construction. Sec. 7851 requires the Army to submit a report to Congress on the Army's plan to replace houses at Fort Leonard Wood that are in need of repair. Sec. 7881 requires DOD to conduct a study, using an outside organization, on the correlation between certain construction projects that affect servicemember quality of life and (1) active duty retention, (2) the physical health of servicemembers, and (3) the mental health of servicemembers. Sec. 7882 limits to Major Range and Test Facility Bases a pilot program that requires the establishment of accounts for select Air Force installations for the purpose of receiving reimbursements for the use of those installation's testing facilities. (Such bases are part of the core set of DOD test and evaluation infrastructure and associated workforce that must be preserved as a national asset to provide test and evaluation capabilities to support the DOD acquisition system.) This section also gives the commander at installations in the pilot program greater oversight of the expenditure of the reimbursement amounts, and prohibits the reduction of certain appropriated funding on the basis of pilot program participation or usage of reimbursements. TITLE LXXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS Accelerating Deployment of Versatile, Advanced Nuclear for Clean Energy Act of 2023 or the ADVANCE Act of 2023. This title sets forth provisions to develop and deploy advanced nuclear fuel for the United States and certain allied countries, restrict the possession or ownership of enriched uranium from Russia or China, clean up hazardous land, and establish related requirements. For example, this title provides incentives for developing and deploying new nuclear technologies, such as reduced licensing fees and prize awards for deploying such technologies. It also extends through 2045 the indemnification policy under the Price-Anderson Act that limits liability related to the nuclear industry. DIVISION F--DEPARTMENT OF STATE AUTHORIZATION ACT OF 2023 Department of State Authorization Act of 2023 This division authorizes FY2024 appropriations and sets forth policies for Department of State programs and activities. Below are examples of provisions in this division. For additional information see CRS In Focus IF10293, Foreign Relations Reauthorization: Background and Issues. TITLE LXI--DIPLOMATIC SECURITY AND CONSULAR AFFAIRS Sec. 6101 authorizes the State Department to directly appoint up to 80 candidates under a special hiring authority to positions in the competitive (civil) service for passport and visa examining during a three-year period following this bill's enactment. Sec. 6103 requires the State Department to place certain travel advisory information on the first three pages of U.S. regular passports, such as a reminder that many countries deny entry to travelers during the last six months of their passport validity period. Sec. 6104 requires the State Department to submit to Congress a strategy on reducing passport processing time and providing urgent in-person passport services. Sec. 6105 requires the GAO to review National Passport Information Center operations and customer service. Sec. 6108 establishes a statutory right for State Department employees to appeal assignment-related decisions, including denials of an assignment based on a restriction or preclusion. This right to appeal shall be the same as the right of an employee to appeal a denial or revocation of a security clearance. The section also establishes various requirements related to assignments and denials, such as requiring the State Department to (1) notify its personnel of assignment request denials due to assignment restrictions, (2) establish reasonable time lines to complete adjudications of ongoing assignment reviews, and (3) establish a security appeal panel for those denied an assignment due to an assignment restriction. Sec. 6109 requires the State Department to ensure that all foreign language instructors at the Foreign Service Institute are subject to suitability reviews and background investigations. The section also requires the State Department to conduct continuous vetting or reinvestigations for those personnel. Sec. 6110 authorizes the State Department to establish diplomatic security fellowship programs to provide grants to undergraduate students who commit to pursuing a career in diplomatic security. For additional information see CRS In Focus IF12044, The U.S. Department of State: Background and Selected Issues for the 118th Congress, and CRS In Focus IF12466, State Department Passport Services: Background and Issues for Congress. TITLE LXII--PERSONNEL MATTERS Sec. 6202 authorizes the State Department to, during the three-year period after this bill's enactment, directly appoint up to 80 candidates under a special hiring authority to positions in the competitive (civil) service positions relating to (1) data science, (2) information technology, and (3) human resources management. Sec. 6204 extends authority for the State Department Lateral Entry Program, a program established in 2016 targeting midcareer individuals from the civil service and private sector with valuable skills and experience for appointment to the Foreign Service for two years. The section also requires the State Department to include no fewer than 30 participants in the program each year and not to use Foreign Service-limited or other noncareer Foreign Service hiring authorities in the program. Sec. 6205 authorizes the State Department to establish a midcareer mentoring program for selected members of the Foreign Service. Sec. 6207 requires the State Department to provide an annual list to the President of 5-10 career civil servants serving at the State Department or the U.S. Agency for International Development (USAID) who are qualified to serve as chiefs of mission. Sec. 6208 requires the State Department to establish a pilot program to provide qualified civil servants at the State Department opportunities to serve at a U.S. embassy. Sec. 6211 allows the continuation of retirement annuity payments to individuals who become employed by the State Department. Specifically, this section applies to individuals who are receiving a retirement annuity under the Foreign Service Retirement and Disability System or the Foreign Service Pension System. Sec. 6212 requires the State Department to take a number of actions regarding the reporting and resolution of allegations of discrimination, bullying, and harassment, such as conducting various surveys relating to such issues. Furthermore, if an employee has made allegations of discrimination, bullying, or harassment against the superior responsible for reviewing the performance of the employee, the employee shall instead be reviewed by the superior's supervisor. Sec. 6214 authorizes the State Department and USAID to increase the number of diplomats in the Diplomats in Residence Program. Subtitle B--Pay, Benefits, and Workforce Matters Sec. 6222 requires the State Department to pay a per diem allowance to certain newly hired Foreign Service employees in initial training in the Washington, DC area. Sec. 6223 requires the State Department to seek to increase the number of personnel in the Bureau of Medical Services to address mental health needs. Sec. 6224 authorizes the State Department and USAID to provide for unanticipated nonmedical care, including childcare, eldercare, and essential services directly related to caring for an acute injury or illness for employees and their family members. Sec. 6225 authorizes the State Department to provide overseas physical and mental health care services to certain otherwise ineligible individuals in special circumstances if necessary to preserve life or limb or if intended to facilitate an overseas evacuation, recovery, or return. Sec. 6230 requires the State Department to adopt policies and procedures to facilitate the assignment of tandem Foreign Service personnel (generally, couples where both spouses are career or career-candidate Foreign Service employees) to the same diplomatic post or country. The section also requires the State Department to update antinepotism policies so that such rules apply only when an employee and a relative are placed in positions where they jointly and exclusively control government resources or establish government policy. TITLE LXIII--INFORMATION SECURITY AND CYBER DIPLOMACY Sec. 6302 requires the State Department to establish a bureau chief data officer program. The program's goals shall include promoting data fluency across the State Department and increasing the use of data analytics in critical decision-making areas. Sec. 6303 establishes in the State Department a Senior Executive Service position for chief artificial intelligence officer. Sec. 6306 authorizes the State Department to establish a digital connectivity and cybersecurity partnership program with foreign countries. The program's duties shall include helping foreign countries (1) expand and increase secure internet access and digital infrastructure in emerging markets; (2) adopt policies that foster open, interoperable, and secure internet; and (3) access U.S. exports of information and communications technology products and services. Sec. 6307 authorizes the State Department to establish a fund and provide assistance to foreign governments and organizations for cyberspace activities, cyber protection, and the development of technology standards that reinforce human rights and democratic values. Sec. 6308 requires the State Department to offer cyber protection support for personal technology devices and personal accounts of at-risk personnel. TITLE LXIV--ORGANIZATION AND OPERATIONS Sec. 6401 authorizes the State Department to enter into contracts for up to 100 personal services contractors to respond to exigent circumstances and urgent crises abroad. Sec. 6405 requires the President to appoint a special envoy to the Pacific Islands Forum. Sec. 6406 requires the President to appoint a special envoy for Belarus. Sec. 6408 requires the State Department to fund travel through 2027 for family members of persons unlawfully or wrongfully detained abroad to Washington, DC, to facilitate meetings with officials. The section also requires the State Department to make available mental health services to individuals unlawfully or wrongfully detained abroad and their family members. TITLE LXV--ECONOMIC DIPLOMACY Sec. 6504 provides guidance for deal teams in U.S. embassies and consulates abroad. TITLE LXVI--PUBLIC DIPLOMACY Sec. 6601 requires public affairs sections at U.S. embassies and USAID mission program officers abroad to coordinate and prioritize resources for public diplomacy campaigns, including through new media technology and comprehensive community outreach. Sec. 6603 addresses issues relating to the governance of the Voice of America (VOA) and the U.S. Agency for Global Media (USAGM). For example, the bill establishes under statute that the director of VOA has responsibility for all VOA operations. The bill also provides the International Broadcasting Advisory Board with statutory authority to oversee the USAGM and the sole authority to appoint an acting Chief Executive Officer of the USAGM when a vacancy arises. Sec. 6604 establishes the John Lewis Civil Rights Fellowship Program within the J. William Fulbright educational exchange program (commonly referred to as the Fulbright Program). The fellowship program shall honor the legacy of Representative John Lewis and advance U.S. foreign policy priorities by promoting studies, research, and international exchange in the subject of nonviolent civil rights movements around the world. Sec. 6606 extends the authority for the State Department's Global Engagement Center through the end of FY2026. For additional information see CRS Report R46968, U.S. Agency for Global Media: Background, Governance, and Issues for Congress. TITLE LXVII--OTHER MATTERS Sec. 6701 authorizes the State Department to award grants to U.S. college students and educational institutions involved in intern programs at the United Nations and other international organizations. Sec. 6702 requires the State Department to establish training courses on (1) diplomacy at international and multilateral institutions, and (2) broad-based multilateral negotiations. Sec. 6707 authorizes the State Department to enter into a public-private partnership to establish a U.S.-Association of Southeast Asian Nations (ASEAN) center to support U.S. economic and cultural engagement with Southeast Asia. Sec. 6710 requires the U.S. International Development Finance Corporation to prioritize projects advancing U.S. core national security interests with respect to China. For additional information see CRS In Focus IF11436, U.S. International Development Finance Corporation (DFC). TITLE LXVIII--AUKUS MATTERS Sec. 6812 requires the State Department to establish the positions of senior advisor for the AUKUS partnership and supporting staff. Sec. 6823 authorizes the President to transfer or export defense services to private individuals in Australia to support the development of Australia's submarine industrial base to fulfil AUKUS commitments. Sec. 6831 requires the President to prioritize transferring defense articles and services to Australia and the United Kingdom under AUKUS ahead of all others other than Taiwan and Ukraine. Sec. 6833 authorizes the State Department to exempt certain licensing or other approval requirements for certain defense articles and services between the United States, Australia, and the United Kingdom. Sec. 6834 requires the State Department to establish an expedited decision-making process for the transfer of commercial advanced-technology defense articles and services not covered by an exemption under the International Traffic in Arms Regulations (ITAR). Sec. 6835 exempts Australia and the United Kingdom from a congressional reporting requirement for presidential exemptions granted in periodic reviews of the U.S. Munitions List (USML). For additional information see CRS In Focus IF12113, AUKUS and Indo-Pacific Security, CRS Report R47599, AUKUS Pillar 2: Background and Issues for Congress, and CRS In Focus IF12483, U.S. Arms Transfer Restrictions and AUKUS Cooperation. DIVISION G--UNIDENTIFIED ANOMALOUS PHENOMENA DISCLOSURE Unidentified Anomalous Phenomena Disclosure Act of 2023 or the UAP Disclosure Act of 2023 This title sets policy regarding Unidentified Anomalous Phenomena (UAP). Below are some examples of provisions in this title. Sec. 9004 requires the National Archives to establish a collection of records to be known as the Unidentified Anomalous Phenomena Records Collection, consisting of record copies of all government, government-provided, and government-funded records relating to unidentified anomalous phenomena, technologies of unknown origin, and nonhuman intelligence. This section also specifies certain requirements for disclosure of these records to the public. Sec. 9007 establishes an Unidentified Anomalous Phenomena Records Review Board, consisting of nine U.S. citizens appointed by the President with the advice and consent of the Senate. The purpose of this board is to ensure and facilitate the review, transmission to the National Archives, and public disclosure of government records relating to UAP. Sec. 9010 requires the federal government to exercise eminent domain (government seizure of private property for public use without the consent of the property owner) over all recovered technologies of unknown origin and biological evidence of non-human intelligence that may be controlled by private persons or entities. Any such material shall be made available to the UAP Records Review Board. DIVISION H--ARCHITECT OF THE CAPITOL APPOINTMENT ACT OF 2023 Architect of the Capitol Appointment Act of 2023 This division modifies procedures for appointing and removing the Architect of the Capitol (who is responsible for the operation and care of the Capitol grounds, facilities and art). Sec. 10002 establishes a bipartisan congressional commission to, by majority vote, appoint, reappoint , and remove the Architect. (Currently, the Architect is appointed by the President and confirmed by the Senate.) The Architect shall be appointed for a 10-year term and may be reappointed for additional 10-year terms. Sec. 10003 specifies procedures related to the appointment of the Deputy Architect of the Capitol. Specifically, the Architect must appoint a deputy within 120 days of that Architect's appointment or a vacancy in the deputy position. If the Architect fails to appoint a deputy within that time, the commission must appoint one. The Architect must also immediately notify the commission if the deputy position is vacant. Sec. 10004 provides that the Deputy Architect must serve as acting Architect in the event the Architect is absent, disabled, or otherwise unavailable. The section also requires the commission to appoint an acting Architect if there are vacancies in both the Architect and Deputy Architect positions. DIVISION I--FAIR DEBT COLLECTION PRACTICES FOR SERVICEMEMBERS Fair Debt Collection Practices for Servicemembers Act Sec. 11002 prohibits a debt collector from threatening a servicemember with a reduction of rank, revocation of their security clearance, or military prosecution in the course of collecting a debt. Sec. 11003 requires the GAO to report on the impact of this prohibition on the timely delivery of information to servicemembers, military readiness, and national security. DIVISION J--NATIVE AMERICAN HOUSING ASSISTANCE AND SELF-DETERMINATION REAUTHORIZATION ACT OF 2023 Native American Housing Assistance and Self-Determination Reauthorization Act of 2023 This division provides federal housing assistance to Indians and Native Hawaiians. Below are some examples of provisions in this title. Sec. 11003 reauthorizes through FY2030 the Indian Housing Block Grant program. Sec. 11014 reauthorizes through FY2030 the Native Hawaiian Housing Block Grant program. Sec. 11017 authorizes the Department of Housing and Urban Development (HUD) to guarantee housing loans for Indians through FY2030. Sec. 11018 authorizes HUD to guarantee housing loans for Native Hawaiians through FY2030. Sec. 11019 authorizes HUD to make grants for use in eliminating drug-related and violent crime. Recipients of such grants must be eligible to receive assistance under the Native American Housing Assistance and Self-Determination Act of 1996. Sec. 11020 provides statutory authority for the Tribal HUD-VASH program, which provides rental assistance and supportive services to Indian veterans who are homeless or at risk of homelessness and living in or near an area where a tribe or tribally designated housing entity provides assistance for affordable housing. DIVISION K--FORT BELKNAP INDIAN COMMUNITY WATER RIGHTS SETTLEMENT ACT OF 2023 Fort Belknap Indian Community Water Rights Settlement Act of 2023 This division modifies and ratifies a specified water rights settlement agreement entered into by the United States, Montana, and the Fort Belknap Indian Community (i.e., the Gros Ventre and Assiniboine Tribes). Below are some examples of provisions in this title. Sec. 11004 authorizes, ratifies, and confirms the water rights settlement agreement between the parties. Sec. 11005 requires the community's water rights to be held in trust for the benefit of the community and its allottees. The community must enact a tribal water code to regulate its water rights. Sec. 11006 authorizes the Department of the Interior and the Department of Agriculture (as applicable) to enter negotiations with Montana to exchange certain state lands for federal lands to be held in trust for the benefit of the community. Sec. 11012 establishes the Aaniiih Nakoda Settlement Trust Fund (and specified accounts) for purposes of carrying out this division. Sec. 11013 establishes the Fort Belknap Indian Community Water Settlement Implementation Fund (and specified accounts) for purposes of carrying out this division. Sec. 11014 provides funding for specified accounts established in the settlement funds. DIVISION L--COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS TITLE LXIX--FEDERAL DATA AND INFORMATION SECURITY This title modifies requirements relating to federal agency data centers. Subtitle A--Federal Data Center Enhancement Act of 2023 Federal Data Center Enhancement Act of 2023 Sec. 11002 requires the General Services Administration (GSA) to establish minimum requirements for new data centers, including regarding the availability and use of new data centers; the use of sustainable energy sources; uptime percentage; protections against power failures, including on-site energy generation and access to multiple transmission paths; protections against physical intrusions and natural disasters; and information security protections. TITLE LXX--STEMMING THE FLOW OF ILLICIT NARCOTICS This title addresses various issues related to border security and DHS. Below are examples of provisions in this title. Subtitle A--Enhancing DHS Drug Seizures Act Enhancing DHS Drug Seizures Act Sec. 11103 authorizes DHS employees to receive danger pay while stationed in a foreign area while that area is experiencing certain conditions, such as civil war, that threaten physical harm or imminent danger to the employee. The danger pay may be for up to 35% of the employee's basic pay. Sec. 11104 authorizes DHS to waive reimbursement for the salaries of DHS employees providing training to foreign-vetted law enforcement or national security units under an agreement with DOD. Sec. 11105 authorizes U.S. Customs and Border Protection to provide air and marine support to foreign governments for certain operations, such as an operation to deter illegal drugs from entering the United States. Sec. 11108 makes it a crime to destroy or significantly damage physical or electronic devices (e.g., fences or cameras) used by the federal government to control a U.S. international border with the intent to achieve certain goals relating to securing financial gain and breaking federal laws. Such crimes shall be punishable by fines, imprisonment of up to five years, or both. Subtitle B--Non-Intrusive Inspection Expansion Act Non-Intrusive Inspection Expansion Act This subtitle requires U.S. Customs and Border Protection (CBP) to increase its use of nonintrusive inspection systems to scan passenger and commercial vehicles at land ports of entry. Sec. 11112 requires CBP to use such systems at land ports of entry to scan at least 40% of passenger vehicles and 90% of commercial vehicles entering the United States. Sec. 11113 requires CBP to use such systems to scan at least 10% of all vehicles exiting the United States through a land port of entry. Subtitle C--Securing America's Ports of Entry Act of 2023 Securing America's Ports of Entry Act of 2023 Sec. 11122 requires CBP to increase the number of CBP officers to specified levels. If CBP does not adequately increase personnel, the GAO must submit to Congress a review of CBP hiring practices. Subtitle D--Border Patrol Enhancement Act Border Patrol Enhancement Act Sec. 11132 requires the U.S. Border Patrol to complete a personnel requirements determination model and contract with a research entity to analyze the validity of the model. After the model has been validated, if the Border Patrol does not have enough active agents to meet the staffing level recommended by the model, DHS may hire 600 or more Border Patrol agents above the attrition level during each fiscal year until the staffing level has reached the recommended level. Sec. 11133 establishes a special overtime rate for scheduled overtime hours work for Border Patrol agents in a specified grade. This special overtime rate shall be higher than the standard overtime rate. Sec. 11135 requires Border Patrol agents, employees, and certain contract employees to participate in continuing education on various topics, including (1) the nonlethal use of force policies and deescalation strategies; (2) identifying and responding to vulnerable populations, such as children and victims of human trafficking; and (3) relevant cultural, societal, racial, and religious training. Subtitle E--END FENTANYL Act Eradicating Narcotic Drugs and Formulating Effective New Tools to Address National Yearly Losses of Life Act or the END FENTANYL Act Sec. 11142 requires CBP to review and update, as necessary, manuals and policies related to inspections at ports of entry to ensure the uniformity of inspection practices to effectively detect illegal activity along the border, such as the smuggling of drugs and humans. TITLE LXXI--IMPROVING LOBBYING DISCLOSURE REQUIREMENTS Subtitle A--Lobbying Disclosure Improvement Act Lobbying Disclosure Improvement Act This subtitle requires registered lobbyists to disclose whether they are exempt from having to register as foreign agents due to their lobbying activities and status as registered lobbyists. Subtitle B--Disclosing Foreign Influence in Lobbying Act Disclosing Foreign Influence in Lobbying Act This subtitle requires registered lobbyists to disclose any foreign countries or political parties that are involved in the direction, planning, supervision, or control of the lobbyist's activities. TITLE LXXII--PROTECTING OUR DOMESTIC WORKFORCE AND SUPPLY CHAIN This title addresses various issues related to supply chains and military spouse employment. Below are some examples of provisions in this title. Subtitle B--Intergovernmental Critical Minerals Task Force Act Intergovernmental Critical Minerals Task Force Act This subtitle requires the President to establish a task force to assess the extent to which the United States relies on China and certain other nations for critical minerals, the resulting national security risks associated with this, and to make recommendations to secure United States and global supply chains for critical minerals. (Currently, the U.S. Geological Survey lists 50 such minerals.) Subtitle C--Customs Trade Partnership Against Terrorism Pilot Program Act of 2023 Customs Trade Partnership Against Terrorism Pilot Program Act of 2023 or the CTPAT Pilot Program Act of 2023 This subtitle requires DHS to carry out a pilot program that assesses whether allowing certain third-party logistics providers to participate in the Customs Trade Partnership Against Terrorism (CTPAT) would meet the goals of CTPAT, such as enhancing port security and combating terrorism. Third-party logistics providers eligible for the pilot program are either (1) non-asset-based providers that arrange international freight transportation and are licensed by the Department of Transportation; or (2) asset-based providers that facilitate cross-border activity, execute logistics services using their own warehousing assets and resources, and are licensed or bonded by specified federal agencies. Subtitle D--Military Spouse Employment Act Military Spouse Employment Act Sec. 11332 allows executive agencies to appoint military spouses to remote work positions. (The current appointment authority does not specifically extend to remote positions.) Sec. 11333 requires the GAO to report on the general use of remote work by agencies, including the number and location of employees working remotely and the effects on recruitment, retention, and office space utilization and spending. For additional information see CRS Insight IF12217, FY2024 NDAA: Military Spouse Employment Matters, and CRS Report R46498, Military Spouse Employment. DIVISION M--INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2024 Intelligence Authorization Act for Fiscal Year 2024 This division authorizes various intelligence-related activities for FY2024 and addresses related issues. TITLE I--INTELLIGENCE ACTIVITIES This title authorizes appropriations for FY2024 for (1) the conduct of intelligence and intelligence-related activities by the federal government, (2) the intelligence community management account, and (3) increases in employee compensation and benefits authorized by law. TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM This title authorizes appropriations for the Central Intelligence Agency Retirement and Disability Fund. TITLE III--INTELLIGENCE COMMUNITY MATTERS This title sets policy on various matters related to the intelligence community (there are 18 component organizations within the intelligence community). Below are some examples of provisions in this title. Sec. 301 requires the Office of the Director of National Intelligence to submit to Congress a plan for the intelligence community to recruit, train and retain personnel with skills and experience in financial intelligence and emerging technologies. Sec. 303 expands eligibility to receive in-state tuition rates at public institutions of higher education to active duty members of the intelligence community in the state where the member is domiciled or stationed. The spouses and dependent children of such members shall also be eligible for in-state tuition. Sec. 306 specifies that the mission of the National Counterintelligence and Security Center shall include organizing and leading strategic planning for U.S. government counterintelligence activities by integrating instruments of national power as needed to counter foreign intelligence activities. Sec. 307 prohibits the elements of the intelligence community from chartering any private or commercial aircraft to transport an individual who is or was detained at Guantanamo Bay, Cuba. Sec. 323 requires the CIA to establish and implement a standard workplace sexual misconduct complaint investigation procedure. TITLE IV--MATTERS CONCERNING FOREIGN COUNTRIES This title sets policy for the intelligence community regarding certain foreign countries. Below are some examples of provisions in this title. Sec. 401 requires the Office of the Director of National Intelligence (ODNI) to designate a senior official to serve as the intelligence community coordinator for accountability of China's atrocities (i.e., crimes against humanity, genocide, or war crimes). Sec. 402 requires the Office of the Director of National Intelligence to establish an interagency working group within the intelligence community to analyze China's tactics and capabilities in Africa, including efforts to (1) exploit mining and reprocessing operations, (2) provide or fund telecommunications and energy technologies, and (3) expand intelligence capabilities. For additional information see CRS In Focus IF11735, China's "One Belt, One Road" Initiative: Economic Issues, CRS In Focus IF12469, China and the Middle East and North Africa (MENA), and CRS In Focus IF12265,China Primer: Human Rights. TITLE V--MATTERS PERTAINING TO UNITED STATES ECONOMIC AND EMERGING TECHNOLOGY COMPETITION WITH UNITED STATES ADVERSARIES This title sets policy for the intelligence community with regards to competition with certain foreign adversaries. Below are some examples of provisions in this title. Sec. 501 authorizes the ODNI to assign or facilitate the assignment of members from across the intelligence community to serve as detailees to the Bureau of Industry and Security at the Department of Commerce. Sec. 511 expands an existing reporting requirement for an intelligence community working group on China's economic and technological capabilities. Specifically, the working group's annual report to Congress must include an assessment of China's investments in certain technologies, such as artificial intelligence, next-generation energy technologies, and biotechnology. TITLE VI--WHISTLEBLOWER MATTERS This title addresses protections for whistleblowers (generally, federal government employees or contractors who disclose their reasonable belief of certain issues such as a violation of law or a substantial danger to public health and safety), including issues involving individuals who lose their security clearances as retaliation for their whistleblowing activities. Below are some examples of provisions in this title. Sec. 601 requires intelligence community inspectors general to appoint security officers to provide confidential, security-related guidance to employees and contract employees who intend to make a complaint or provide information to Congress. The section also modifies procedures for employees and contractors to report such complaints or information directly to Congress. Sec. 603 modifies provisions relating to determining whether an adverse security clearance (or access) determination was reprisal for whistleblowing activity. For example, this section raises the standard of proof that the agency must meet to raise the defense that it would have made the adverse security clearance determination even without the whistleblowing activity. The section also amends the statute to explicitly state that circumstantial evidence may be used to establish that the whistleblowing activity was a contributing factor in the adverse security determination, and provides examples of such circumstantial evidence. TITLE VII--CLASSIFICATION REFORM This title sets policy with regards to classified information. Subtitle A--Classification Reform Act of 2023 Classification Reform Act of 2023 This subtitle requires the President to take certain actions related to classifying information, including by narrowing exemptions to rules that require the automatic declassification of certain information. Sec. 703 provides statutory authority for the President to protect national security information from unauthorized disclosure. The section also requires the President to establish categories of classified information and procedures to both classify and declassify such information. Such procedures must meet certain requirements, such as narrowing the criteria for classification and providing for narrower exemptions from automatic declassification than Executive Order 13526, which currently controls classified national security information. Executive Order 13526 shall remain in effect until superseded by the procedures required by this section. Sec. 704 requires certain federal agencies (including the Department of Justice, the Department of Defense, and the Central Intelligence Agency) to designate at least one senior officer to serve as the principal advisor for identifying records of significant public interest and prioritizing review of such records to facilitate public disclosure in redacted or unredacted form. Subtitle B--Sensible Classification Act of 2023 Sensible Classification Act of 2023 This subtitle provides statutory authority with regards to requirements pertaining to classifying information, including who is authorized to classify information originally (that is, in the first instance). Sec. 714 establishes under statute that only certain individuals have the authority to classify information in the first instance, such as the President, the Vice President when exercising executive authority, and certain other officials who have been delegated such authority. The section also establishes statutory limits and requirements related to the delegation of such authority. For example, the section establishes that delegation of such authority must be limited to the minimum required to administer this section. Under this section, individuals designated with such authority must receive training on safeguarding classified information and sanctions that may be applied to those who fail to protect classified information from unauthorized disclosure. Sec. 715 requires executive branch agencies to review and process records for declassification and release if the records are over 25 years old and responsive to certain requests for information (such as a request under the Freedom of Information Act). Furthermore, the section requires executive branch agencies to conduct training for employees with classification authority to promote classification at the minimum level sufficient to protect U.S. national security and discourage overclassification. TITLE VIII--SECURITY CLEARANCE AND TRUSTED WORKFORCE This title sets policy with regards to personnel vetting and security clearances. Below are some examples of provisions in this title. Sec. 801 requires the ODNI to submit a review to Congress on the extent to which the intelligence community can use information technology services shared among the intelligence community for personnel vetting, including with respect to human resources, suitability, and security. Sec. 802 requires the Security Executive Agent and the Suitability and Credentialing Executive Agent to establish timeliness performance standards for processing personnel vetting trust determinations. (Trust determinations include determinations about suitability, fitness, and eligibility for access to classified information). The section also authorizes the ODNI to establish complementary standards for the intelligence community. Sec. 805 prohibits any element of the intelligence community from denying eligibility to access classified information to an individual solely based on the individual's use of cannabis prior to applying for a security clearance. TITLE IX--ANOMALOUS HEALTH INCIDENTS This title sets policy with regards to payments to certain government personnel and their dependents who incur certain brain injuries while on assignment. (Since 2016, some intelligence, diplomatic, and other governmental personnel have reported experiencing unusual cognitive and neurological impairments while on assignment, particularly abroad, the source of which is currently under investigation.) Below are some examples of provisions in this title. Sec. 901 permits certain reprogrammed funds to be used to make disability payments for certain brain injuries sustained by CIA officers and employees (and their dependents). Sec. 902 specifies that eligibility for a special payment for certain brain injuries incurred by CIA officers and employees is not contingent on the claimant first applying for federal workers compensation benefits. Sec. 903 requires each element of the intelligence community to implement two statutory authorities related to compensation for certain brain injuries, or to provide a report to Congress explaining why those authorities are not relevant to a given element. TITLE X--ELECTION SECURITY This title directs the Election Assistance Commission (EAC) to conduct penetration testing as part of the testing, certification, decertification, and recertification of voting system hardware and software by accredited laboratories. The National Institute of Standards and Technology must recommend entities to the EAC to carry out this penetration testing and the EAC must vote on the accreditation of any recommended entity. The title also directs the EAC to create a five-year pilot program for participating cybersecurity researchers to test for and disclose cybersecurity vulnerabilities in election systems. TITLE XI--OTHER MATTERS This title includes provisions related to Unidentified Anomalous Phenomena (UAP). For example, Sec. 1102 prohibits the use of appropriated funds in support of classified or restricted activities related to UAP, unless such activities have been officially explained and justified to Congress and the All-domain Anomaly Resolution Office.

117 S2226 ES: National Defense Authorization Act for Fiscal Year 2024 U.S. Senate text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. 118th CONGRESS 1st Session S. 2226 IN THE SENATE OF THE UNITED STATES AN ACT To authorize appropriations for fiscal year 2024 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; table of contents (a) Short title This Act may be cited as the National Defense Authorization Act for Fiscal Year 2024 (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. 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. Report on Army requirements and acquisition strategy for night vision devices. Sec. 112. Army plan for ensuring sources of cannon tubes. Sec. 113. Strategy for Army tactical wheeled vehicle program. Sec. 114. Extension and modification of annual updates to master plans and investment strategies for Army ammunition plants. Sec. 115. Report on acquisition strategies of the logistics augmentation program of the Army. Subtitle C—Navy programs Sec. 121. Reduction in the minimum number of Navy carrier air wings and carrier air wing headquarters required to be maintained. Sec. 122. Extension of prohibition on availability of funds for Navy port waterborne security barriers. Sec. 123. Multiyear procurement authority for Virginia class submarine program. Sec. 124. Sense of Senate on procurement of outstanding F/A–18 Super Hornet platforms. Subtitle D—Air Force programs Sec. 131. Limitations and minimum inventory requirement relating to RQ–4 aircraft. Sec. 132. Limitation on divestiture of T–1A training aircraft. Sec. 133. Modification to minimum inventory requirement for A–10 aircraft. Sec. 134. Modification to minimum requirement for total primary mission aircraft inventory of Air Force fighter aircraft. Sec. 135. Modification of limitation on divestment of F–15 aircraft. Sec. 136. Report on Air Force executive aircraft. Sec. 137. Prohibition on certain reductions to inventory of E–3 airborne warning and control system aircraft. Subtitle E—Defense-wide, joint, and multiservice matters Sec. 141. Pilot program to accelerate the procurement and fielding of innovative technologies. Sec. 142. Requirement to develop and implement policies to establish the datalink strategy of the Department of Defense. Sec. 143. Report on contract for cybersecurity capabilities and briefing. 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. Updated guidance on planning for exportability features for future programs. Sec. 212. Support to the Defence Innovation Accelerator for the North Atlantic. Sec. 213. Modification to personnel management authority to attract experts in science and engineering. Sec. 214. Administration of the Advanced Sensors Application Program. Sec. 215. Delegation of responsibility for certain research programs. Sec. 216. Program of standards and requirements for microelectronics. Sec. 217. Clarifying role of partnership intermediaries to promote defense research and education. Sec. 218. Competition for technology that detects and watermarks the use of generative artificial intelligence. Subtitle C—Plans, reports, and other matters Sec. 221. Department of Defense prize competitions for business systems modernization. Sec. 222. Update to plans and strategies for artificial intelligence. Sec. 223. Western regional range complex demonstration. Sec. 224. Report on feasibility and advisability of establishing a quantum computing innovation center. Sec. 225. Briefing on the impediments to the transition of the Semantic Forensics program to operational use. Sec. 226. Annual report on Department of Defense hypersonic capability funding and investment. Sec. 227. Limitation on availability of funds for travel for office of Under Secretary of Defense for Personnel and Readiness pending a plan for modernizing Defense Travel System. Sec. 228. Annual report on unfunded priorities for research, development, test, and evaluation activities. Sec. 229. Establishment of technology transition program for strategic nuclear deterrence. Sec. 230. Review of artificial intelligence investment. TITLE III—Operation and Maintenance Subtitle A—Authorization of Appropriations Sec. 301. Authorization of appropriations. Subtitle B—Energy and Environment Sec. 311. Requirement for approval by Under Secretary of Defense for Acquisition and Sustainment of any waiver for a system that does not meet fuel efficiency key performance parameter. Sec. 312. Improvement and codification of Sentinel Landscapes Partnership program authority. Sec. 313. Modification of definition of sustainable aviation fuel for purpose of pilot program on use of such fuel. Sec. 314. Payment to Environmental Protection Agency of stipulated penalties in connection with Naval Air Station Moffett Field, California. Sec. 315. Technical assistance for communities and individuals potentially affected by releases at current and former Department of Defense facilities. Subtitle C—Treatment of Perfluoroalkyl Substances and Polyfluoroalkyl Substances Sec. 321. Treatment of certain materials contaminated with perfluoroalkyl substances or polyfluoroalkyl substances. Sec. 322. 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. 323. Modification of authority for environmental restoration projects at National Guard facilities. Sec. 324. Limitation on availability of travel funds until submittal of plan for restoring data sharing on testing of water for perfluoroalkyl or polyfluoroalkyl substances. Sec. 325. Dashboard of funding relating to perfluoroalkyl substances and polyfluoroalkyl substances. Sec. 326. Report on schedule and cost estimates for completion of testing and remediation of contaminated sites and publication of cleanup information. Sec. 327. Modification of timing of report on activities of PFAS Task Force. Sec. 328. Government Accountability Office report on testing and remediation of perfluoroalkyl substances and polyfluoroalkyl substances. Subtitle D—Logistics and Sustainment Sec. 331. Assuring Critical Infrastructure Support for Military Contingencies Pilot Program. Sec. 332. Strategy and assessment on use of automation and artificial intelligence for shipyard optimization. Subtitle E—Briefings and Reports Sec. 341. Critical infrastructure conditions at military installations. Sec. 342. Report on establishing sufficient stabling, pasture, and training area for the Old Guard Caisson Platoon equines. Sec. 343. Quarterly briefings on operational status of amphibious warship fleet of Department of the Navy. Sec. 344. Briefing on plan for maintaining proficiency in emergency movement of munitions in Joint Region Marianas, Guam. Subtitle F—Other Matters Sec. 351. Continued designation of Secretary of the Navy as executive agent for Naval Small Craft Instruction and Technical Training School. Sec. 352. Restriction on retirement of U–28 Aircraft. Sec. 353. Tribal liaisons. Sec. 354. Limitation on use of funds to expand leased facilities for the Joint Military Information Support Operations Web Operations Center. Sec. 355. Modifications to the Contested Logistics Working Group of the Department of Defense. Sec. 356. Establishment of Caisson Platoon to support military and State funeral services. Sec. 357. Limitation on availability of funds pending 30-year shipbuilding plan that maintains 31 amphibious warships for the Department of the Navy. Sec. 358. Modification of rule of construction regarding provision of support and services to non-Department of Defense organizations and activities. Sec. 359. Modifications to military aviation and installation assurance clearinghouse for review of mission obstructions. TITLE IV—Military personnel authorizations Subtitle A—Active forces Sec. 401. End strengths for active forces. Sec. 402. End strength level matters. Sec. 403. Extension of additional authority to vary Space Force end strength. Subtitle B—Reserve forces Sec. 411. End strengths for Selected Reserve. Sec. 412. End strengths for Reserves on active duty in support of the Reserves. Sec. 413. End strengths for military technicians (dual status). Sec. 414. Maximum number of reserve personnel authorized to be on active duty for operational support. Subtitle C—Authorization of appropriations Sec. 421. Military personnel. TITLE V—Military personnel policy Subtitle A—Officer personnel policy Sec. 501. Authorized strength: general and flag officers on active duty. Sec. 502. Prohibition on appointment or nomination of certain officers who are subject to special selection review boards. Sec. 503. Exclusion of officers who are licensed behavioral health providers from limitations on active duty commissioned officer end strengths. Sec. 504. Updating authority to authorize promotion transfers between components of the same service or a different service. Sec. 505. Effect of failure of selection for promotion. Sec. 506. Permanent authority to order retired members to active duty in high-demand, low-density appointments. Sec. 507. Waiver authority expansion for the extension of service obligation for Marine Corps cyberspace operations officers. Sec. 508. Removal of active duty prohibition for members of the Air Force Reserve Policy Committee. Sec. 509. Extension of authority to vary number of Space Force officers considered for promotion to major general. Sec. 510. Realignment of Navy spot-promotion quotas. Sec. 511. Modification of limitation on promotion selection board rates. Sec. 512. Time in grade requirements. Sec. 513. Flexibility in determining terms of appointment for certain senior officer positions. Subtitle B—Reserve component management Sec. 521. Alternative promotion authority for reserve officers in designated competitive categories. Sec. 522. Selected Reserve and Ready Reserve order to active duty to respond to a significant cyber incident. Sec. 523. Mobilization of Selected Reserve for preplanned missions in support of the combatant commands. Sec. 524. Alternating selection of officers of the National Guard and the Reserves as deputy commanders of certain combatant commands. Sec. 525. Grade of Vice Chief of the National Guard Bureau. Subtitle C—General service authorities and military records Sec. 531. Modification of limitation on enlistment and induction of persons whose score on the Armed Forces Qualification Test is below a prescribed level. Sec. 532. Non-medical counseling services for military families. Sec. 533. Primacy of needs of the service in determining individual duty assignments. Sec. 534. Requirement to use qualifications, performance, and merit as basis for promotions, assignments, and other personnel actions. Sec. 535. Requirement to base treatment in the military on merit and performance. Sec. 536. Tiger team for outreach to former members. Sec. 537. Diversity, equity, and inclusion personnel grade cap. Subtitle D—Military justice and other legal matters Sec. 541. Establishment of staggered terms for members of the Military Justice Review Panel. Sec. 542. Technical and conforming amendments to the Uniform Code of Military Justice. Sec. 543. Annual report on initiative to enhance the capability of military criminal investigative organizations to prevent and combat child sexual exploitation. Subtitle E—Member Education, Training, Transition Sec. 551. Future servicemember preparatory course. Sec. 552. Determination of active duty service commitment for recipients of fellowships, grants, and scholarships. Sec. 553. Military service academy professional sports pathway report and legislative proposal required. Sec. 554. Community college Enlisted Training Corps demonstration program. Sec. 555. Language training centers for members of the Armed Forces and civilian employees of the Department of Defense. Sec. 556. Limitation on availability of funds for relocation of Army CID special agent training course. Sec. 557. Army Physical Fitness Test. Sec. 558. Opt-out sharing of information on members retiring or separating from the Armed Forces with community-based organizations and related entities. Sec. 559. Establishment of program to promote participation of foreign students in the Senior Reserve Officers' Training Corps. Sec. 560. Consideration of standardized test scores in military service academy application process. Sec. 560A. Extension of Troops for Teachers program to the Job Corps. Subtitle F—Military Family Readiness and Dependents' Education Sec. 561. Pilot program on recruitment and retention of employees for child development programs. Sec. 562. Certain assistance to local educational agencies that benefit dependents of military and civilian personnel. Sec. 563. Modifications to 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. 564. Assistance for military spouses to obtain doula certifications. Subtitle G—Junior Reserve Officers' Training Corps Sec. 571. Expansion of Junior Reserve Officers’ Training Corps. Sec. 572. JROTC program certification. Sec. 573. Memorandum of understanding required. Sec. 574. Junior Reserve Officers’ Training Corps instructor compensation. Sec. 575. Annual report on allegations of sexual misconduct in JROTC programs. Sec. 576. Comptroller General report on efforts to increase transparency and reporting on sexual violence in the Junior Reserve Officers’ Training Corps Program. Subtitle H—Decorations and other awards, miscellaneous reports and other matters Sec. 581. Extension of deadline for review of World War I valor medals. Sec. 582. Prohibition on former members of the Armed Forces accepting post-service employment with certain foreign governments. Sec. 583. Prohibition on requiring listing of gender or pronouns in official correspondence. Subtitle I—Enhanced recruiting efforts Sec. 591. Short title. Sec. 592. Increased access to potential recruits at secondary schools. Sec. 593. Increased access to potential recruits at institutions of higher education. TITLE VI—COMPENSATION AND OTHER PERSONNEL BENEFITS Subtitle A—Pay and Allowances Sec. 601. Pay of members of reserve components for inactive-duty training to obtain or maintain an aeronautical rating or designation. Sec. 602. Modification of calculation method for basic allowance for housing to more accurately assess housing costs of junior members of uniformed services. Sec. 603. Basic allowance for housing for members assigned to vessels undergoing maintenance. Sec. 604. Dual basic allowance for housing for training for certain members of reserve components. Sec. 605. Modification of calculation of gross household income for basic needs allowance to address areas of demonstrated need. Sec. 606. Expansion of eligibility for reimbursement of qualified licensure, certification, and business relocation costs incurred by military spouses. Sec. 607. Cost-of-living allowance in the continental United States: high cost areas. Sec. 608. OCONUS cost-of-living allowance: adjustments. Sec. 609. Extension of one-time uniform allowance for officers who transfer to the Space Force. Sec. 610. Review of rates of military basic pay. Sec. 611. Government Accountability Office study on process for determining cost-of-living allowances for members of the uniformed services assigned to the continental United States, Hawaii, Alaska, and overseas locations. Subtitle B—Bonus and Incentive Pays Sec. 621. Modification of special and incentive pay authorities for members of reserve components. Sec. 622. Expansion of continuation pay eligibility. Sec. 623. One-year extension of certain expiring bonus and special pay authorities. Sec. 624. Requirement to establish remote and austere condition assignment incentive pay program for Air Force. Sec. 625. Extension of travel allowance for members of the Armed Forces assigned to Alaska. Subtitle C—Other Matters Sec. 631. Modification of requirements for approval of foreign employment by retired and reserve members of uniformed services. Sec. 632. Restrictions on retired and reserve members of the Armed Forces receiving employment and compensation indirectly from foreign governments through private entities. TITLE VII—Health Care Provisions Subtitle A—TRICARE and Other Health Care Benefits Sec. 701. Extension of period of eligibility for health benefits under TRICARE Reserve Select for survivors of a member of the Selected Reserve. Sec. 702. Authority to provide dental care for dependents located at certain remote or isolated locations. Sec. 703. Inclusion of assisted reproductive technology and artificial insemination as required primary and preventive health care services for members of the uniformed services and dependents. Sec. 704. Program on treatment of members of the Armed Forces for post-traumatic stress disorder, traumatic brain injuries, and co-occurring disorders related to military sexual trauma. Sec. 705. Waiver of cost-sharing for three mental health outpatient visits for certain beneficiaries under the TRICARE program. Sec. 706. Expansion of doula care furnished by Department of Defense. Sec. 707. Sense of Congress on access to mental health services through TRICARE. Subtitle B—Health Care Administration Sec. 711. Increase in stipend for participants in health professions scholarship and financial assistance programs. Sec. 712. Financial relief for civilians treated in military medical treatment facilities. Sec. 713. Department of Defense Overdose Data Act of 2023. Sec. 714. Modification of administration of medical malpractice claims by members of the uniformed services. Subtitle C—Reports and Other Matters Sec. 721. Modification of partnership program between United States and Ukraine for military trauma care and research. Sec. 722. Requirement that Department of Defense disclose expert reports with respect to medical malpractice claims by members of the uniformed services. Sec. 723. Comptroller General study on impact of perinatal mental health conditions of members of the Armed Forces and their dependents on military readiness and retention. Sec. 724. Report on mental and behavioral health services provided by Department of Defense. Sec. 725. Report on activities of Department of Defense to prevent, intervene, and treat perinatal mental health conditions of members of the Armed Forces and their dependents. Sec. 726. Study on family planning and cryopreservation of gametes to improve retention of members of the Armed Forces. TITLE VIII—Acquisition policy, acquisition management, and related matters Subtitle A—Acquisition policy and management Sec. 801. Amendments to multiyear procurement authority. Sec. 802. Modernizing the Department of Defense requirements process. Sec. 803. Head of Contracting Authority for Strategic Capabilities Office. Sec. 804. Pilot program for the use of innovative intellectual property strategies. Sec. 805. Focused commercial solutions openings opportunities. Sec. 806. Study on reducing barriers to acquisition of commercial products and services. Sec. 807. Sense of the Senate on independent cost assessment. Sec. 808. Emergency acquisition authority for purposes of replenishing United States stockpiles. Subtitle B—Amendments to general contracting authorities, procedures, and limitations Sec. 811. Commander initiated rapid contracting actions. Sec. 812. Extension and revisions to never contract with the enemy. Sec. 813. Enhancement of Department of Defense capabilities to prevent contractor fraud. Sec. 814. Modification of approval authority for high dollar other transaction agreements for prototypes. Sec. 815. Modifications to Earned Value Management system requirements. Sec. 816. Inventory of inflation and escalation indices. Sec. 817. Pilot program to incentivize progress payments. Sec. 818. Extension of pilot program to accelerate contracting and pricing processes. Sec. 819. Preventing conflicts of interest for Department of Defense consultants. Sec. 820. Prohibition on requiring defense contractors to provide information relating to greenhouse gas emissions. Sec. 821. Prohibition on contracts for the provision of online tutoring services by entities owned by the People's Republic of China. Sec. 822. Modification of truthful cost or pricing data submissions and report. Sec. 823. Repeal of bonafide office rule for 8(a) contracts with the Department of Defense. Subtitle C—Industrial base matters Sec. 831. Defense industrial base advanced capabilities pilot program. Sec. 832. Department of Defense notification of certain transactions. Sec. 833. Analyses of certain activities for action to address sourcing and industrial capacity. Sec. 834. Pilot program on capital assistance to support defense investment in the industrial base. Sec. 835. Requirement to buy certain satellite components from national technology and industrial base. Sec. 836. Sense of Congress relating to rubber supply. Subtitle D—Small business matters Sec. 841. Amendments to Defense Research and Development Rapid Innovation Program. Sec. 842. Department of Defense Mentor-Protégé Program. Sec. 843. Consideration of the past performance of affiliate companies of small businesses. Sec. 844. Timely payments for Department of Defense small business subcontractors. Sec. 845. Extension of Pilot Program for streamlined technology transition from the SBIR and STTR Programs of the Department of Defense. Sec. 846. Annual reports regarding the SBIR program of the Department of Defense. Sec. 847. Modifications to the Procurement Technical Assistance Program. Sec. 848. Extension of pilot program to incentivize contracting with employee-owned businesses. Sec. 849. Eliminating self-certification for service-disabled veteran-owned small businesses. Sec. 850. Payment of subcontractors. Sec. 851. Increase in Governmentwide goal for participation in Federal contracts by small business concerns owned and controlled by service-disabled veterans. Sec. 852. Amendments to contracting authority for certain small business concerns. Subtitle E—Other matters Sec. 861. Limitation on the availability of funds pending a plan for implementing the replacement for the Selected Acquisition Reporting system. Sec. 862. Extension of pilot program for distribution support and services for weapons systems contractors. Sec. 863. Modification of effective date for expansion on the prohibition on acquiring certain metal products. Sec. 864. Foreign sources of specialty metals. Sec. 865. University Affiliated Research Center for critical minerals. Sec. 866. Enhanced domestic content requirement for navy shipbuilding programs. Sec. 867. Addition of Administrator of the Small Business Administration to the Federal Acquisition Regulatory Council. Sec. 868. Modifications to rights in technical data. TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT Subtitle A—Office of the Secretary of Defense and Related Matters Sec. 901. Establishment of Office of Strategic Capital. Sec. 902. Reinstatement of position of Chief Management Officer of Department of Defense. Sec. 903. Modification of responsibilities of Director of Cost Assessment and Program Evaluation. Sec. 904. Roles and responsibilities for components of Office of Secretary of Defense for joint all-domain command and control in support of integrated joint warfighting. Sec. 905. Principal Deputy Assistant Secretaries to support Assistant Secretary of Defense for Special Operations and Low Intensity Conflict. Sec. 906. Modification of cross-functional team to address emerging threat relating to directed energy capabilities. Sec. 907. Pilot program on protecting access to critical assets. Sec. 908. Extension of mission management pilot program. Sec. 909. Conforming amendments to carry out elimination of position of Chief Management Officer. Subtitle B—Other Department of Defense Organization and Management Matters Sec. 921. Joint Energetics Transition Office. Sec. 922. Transition of oversight responsibility for the Defense Technology Security Administration. Sec. 923. Integrated and authenticated access to Department of Defense systems for certain congressional staff for oversight purposes. Sec. 924. Integration of productivity software suites for scheduling data. Sec. 925. Operationalizing audit readiness. Sec. 926. Next generation business health metrics. Sec. 927. Independent assessment of defense business enterprise architecture. Sec. 928. Limitation on establishment of new diversity, equity, and inclusion positions; hiring freeze. TITLE X—General provisions Subtitle A—Financial matters Sec. 1001. General transfer authority. Sec. 1002. Annual report on budget prioritization by Secretary of Defense and military departments. Sec. 1003. Additional reporting requirements related to unfunded priorities. Sec. 1004. Sense of the Senate on need for emergency supplemental appropriations. Subtitle B—Counterdrug activities Sec. 1011. Disruption of fentanyl trafficking. Sec. 1012. Enhanced support for counterdrug activities and activities to counter transnational organized crime. Sec. 1013. Modification of support for counterdrug activities and activities to counter transnational organized crime: increase in cap for small scale construction projects. Sec. 1014. Building the capacity of armed forces of Mexico to counter the threat posed by transnational criminal organizations. Subtitle C—Naval vessels Sec. 1021. Modification of authority to purchase used vessels under the National Defense Sealift Fund. Sec. 1022. Amphibious warship force availability. Sec. 1023. Prohibition on retirement of certain naval vessels. Sec. 1024. Report on the potential for an Army and Navy joint effort for watercraft vessels. Subtitle D—Counterterrorism Sec. 1031. Extension of prohibition on use of funds to close or relinquish control of United States Naval Station, Guantanamo Bay, Cuba. 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 for transfer or release of individuals detained at United States Naval Station, Guantanamo Bay, Cuba, to certain countries. Subtitle E—Miscellaneous authorities and limitations Sec. 1041. Extension of admission to Guam or the Commonwealth of the Northern Mariana Islands for certain nonimmigrant H–2B workers. Sec. 1042. Authority to include funding requests for the chemical and biological defense program in budget accounts of military departments. Sec. 1043. Unfavorable security clearance eligibility determinations and appeals. Sec. 1044. Assistance in support of Department of Defense accounting for missing United States Government personnel. Sec. 1045. Implementation of arrangements to build transparency, confidence, and security. Sec. 1046. Access to and use of military post offices by United States citizens employed overseas by the North Atlantic Treaty Organization who perform functions in support of military operations of the Armed Forces. Sec. 1047. Removal of time limitations of temporary protection and authorization of reimbursement for security services and equipment for former or retired Department of Defense personnel. Sec. 1048. Annual Defense POW/MIA Accounting Agency (DPAA) capabilities required to expand accounting for persons missing from designated past conflicts. Sec. 1049. Access to commissary and exchange privileges for remarried spouses. Subtitle F—Studies and reports Sec. 1051. Annual report and briefing on implementation of Force Design 2030. Sec. 1052. Plan for conversion of Joint Task Force North into Joint Interagency Task Force North. Sec. 1053. Report on use of tactical fighter aircraft and bomber aircraft for deployments and homeland defense missions. Sec. 1054. Modifications of reporting requirements. Sec. 1055. Report on equipping certain ground combat units with small unmanned aerial systems. Sec. 1056. Comprehensive assessment of Marine Corps Force Design 2030. Sec. 1057. Strategy to achieve critical mineral supply chain independence for the Department of Defense. Sec. 1058. Quarterly briefing on homeland defense planning. Sec. 1059. Special operations force structure. Sec. 1060. Briefing on commercial tools employed by the Department of Defense to assess foreign ownership, control, or influence. Sec. 1061. Plan on countering human trafficking. Sec. 1062. Briefing and report on use and effectiveness of United States Naval Station, Guantanamo Bay, Cuba. Sec. 1063. Ensuring reliable supply of critical minerals. Subtitle G—Other matters Sec. 1071. Matters related to irregular warfare. Sec. 1072. Joint concept for competing implementation updates. Sec. 1073. Limitation on certain funding until submission of the Chairman’s Risk Assessment and briefing requirement. Sec. 1074. Notification of safety and security concerns at certain Department of Defense laboratories. Sec. 1075. Assessment and recommendations relating to infrastructure, capacity, resources, and personnel in Guam. Sec. 1076. Program and processes relating to foreign acquisition. Sec. 1077. Technical and conforming amendments related to the Space Force. Sec. 1078. Authority to establish commercial integration cells within certain combatant commands. Sec. 1079. Modification on limitation on funding for institutions of higher education hosting Confucius Institutes. Sec. 1080. Modification of definition of domestic source for title III of Defense Production Act of 1950. Sec. 1081. Comprehensive strategy for talent development and management of Department of Defense computer programming workforce. Sec. 1082. Limitation on availability of funds for destruction of landmines. Sec. 1083. Nogales wastewater improvement. Sec. 1084. Authorization of amounts to support initiatives for mobile mammography services for veterans. Sec. 1085. Protection of covered sectors. Sec. 1086. Review of agriculture-related transactions by Committee on Foreign Investment in the United States. Sec. 1087. 9/11 Responder and Survivor Health Funding Correction Act of 2023. Sec. 1088. Reauthorization of voluntary registry for firefighter cancer incidence. Sec. 1089. Requirement for unqualified opinion on financial statement. Sec. 1090. Briefing on Air National Guard active associations. Sec. 1090A. Informing Consumers about Smart Devices Act. Sec. 1090B. Improving processing by Department of Veterans Affairs of disability claims for post-traumatic stress disorder through improved training. Sec. 1090C. U.S. Hostage and Wrongful Detainee Day Act of 2023. Sec. 1090D. Prohibition on provision of airport improvement grant funds to certain entities that have violated intellectual property rights of United States entities. Sec. 1090E. Conduct of winter season reconnaissance of atmospheric rivers in the western United States. Sec. 1090F. National Cold War Center designation. Sec. 1090G. Semiconductor program. Sec. 1090H. Prohibition of demand for bribe. Sec. 1090I. Studies and reports on treatment of service of certain members of the Armed Forces who served in female cultural support teams. Sec. 1090J. Global cooperative framework to end human rights abuses in sourcing critical minerals. Sec. 1090K. Readmission requirements for servicemembers. Subtitle H—Drone security Sec. 1091. Short title. Sec. 1092. Definitions. Sec. 1093. Prohibition on procurement of covered unmanned aircraft systems from covered foreign entities. Sec. 1094. Prohibition on operation of covered unmanned aircraft systems from covered foreign entities. Sec. 1095. Prohibition on use of Federal funds for procurement and operation of covered unmanned aircraft systems from covered foreign entities. Sec. 1096. Prohibition on use of Government-issued Purchase Cards to purchase covered unmanned aircraft systems from covered foreign entities. Sec. 1097. Management of existing inventories of covered unmanned aircraft systems from covered foreign entities. Sec. 1098. Comptroller General report. Sec. 1099. Government-wide policy for procurement of unmanned aircraft systems. Sec. 1099A. State, local, and territorial law enforcement and emergency service exemption. Sec. 1099B. Study. Sec. 1099C. Exceptions. Sec. 1099D. Sunset. Subtitle I—Radiation Exposure Compensation Act PART I—Manhattan Project waste Sec. 1099AA. Claims relating to Manhattan Project waste. PART II—Compensation for workers involved in uranium mining Sec. 1099BB. Short title. Sec. 1099CC. References. Sec. 1099DD. Extension of fund. Sec. 1099EE. Claims relating to atmospheric testing. Sec. 1099FF. Claims relating to uranium mining. Sec. 1099GG. Expansion of use of affidavits in determination of claims; regulations. Sec. 1099HH. Limitation on claims. Sec. 1099II. Grant program on epidemiological impacts of uranium mining and milling. Sec. 1099JJ. Energy Employees Occupational Illness Compensation Program. Subtitle J—Crypto assets Sec. 1099AAA. Crypto asset anti-money laundering examination standards. Sec. 1099BBB. Combating anonymous crypto asset transactions. Subtitle K—Combating Cartels on Social Media Act of 2023 Sec. 1099AAAA. Short title. Sec. 1099BBBB. Definitions. Sec. 1099CCCC. Assessment of illicit usage. Sec. 1099DDDD. Strategy to combat cartel recruitment on social media and online platforms. Sec. 1099EEEE. Rule of construction. Sec. 1099FFFF. No additional funds. TITLE XI—Connecting Oceania’s Nations with Vanguard Exercises and National Empowerment Sec. 1101. Short title; table of contents. Sec. 1102. Definitions. Sec. 1103. National security councils of specified countries. TITLE XII—Civilian personnel matters Sec. 1201. One-year extension of authority to waive annual limitation on premium pay and aggregate limitation on pay for Federal civilian employees working overseas. Sec. 1202. One-year extension of temporary authority to grant allowances, benefits, and gratuities to civilian personnel on official duty in a combat zone. Sec. 1203. Exclusion of positions in nonappropriated fund instrumentalities from limitations on dual pay. Sec. 1204. Exception to limitation on number of Senior Executive Service positions for the Department of Defense. Sec. 1205. Removal of Washington Headquarters Services direct support from personnel limitation on the Office of the Secretary of Defense. Sec. 1206. Consolidation of direct hire authorities for candidates with specified degrees at science and technology reinvention laboratories. Sec. 1207. Expansion and extension of direct hire authority for certain personnel of the Department of Defense. Sec. 1208. Extension of direct hire authority for the Department of Defense for post-secondary students and recent graduates. Sec. 1209. Extension of direct hire authority for domestic industrial base facilities and Major Range and Test Facilities Base. Sec. 1210. Authority to employ civilian faculty members at Space Force schools. Sec. 1211. Report and sunset relating to inapplicability of certification of executive qualifications by qualification review boards of Office of Personnel Management. Sec. 1212. Extension of date of first employment for acquisition of competitive status for employees of Inspectors General for overseas contingency operations. Sec. 1213. Expansion of noncompetitive appointment eligibility to spouses of Department of Defense civilians. Sec. 1214. Elimination of Government Accountability Office review requirement relating to Department of Defense personnel authorities. Sec. 1215. Amendments to the John S. McCain Strategic Defense Fellows Program. Sec. 1216. Civilian Cybersecurity Reserve pilot project. TITLE XIII—Matters relating to foreign nations Subtitle A—Assistance and training Sec. 1301. Middle East integrated maritime domain awareness and interdiction capability. Sec. 1302. Authority to provide mission training through distributed simulation. Sec. 1303. Increase in small-scale construction limit and modification of authority to build capacity. Sec. 1304. Extension of legal institutional capacity building initiative for foreign defense institutions. Sec. 1305. Extension and modification of authority for reimbursement of certain coalition nations for support provided to United States military operations. Sec. 1306. Extension of authority for Department of Defense support for stabilization activities in national security interest of the United States. Sec. 1307. Extension of cross servicing agreements for loan of personnel protection and personnel survivability equipment in coalition operations. Sec. 1308. Limitation on availability of funds for International Security Cooperation Program. Sec. 1309. Modification of Department of Defense security cooperation workforce development. Sec. 1310. Modification of authority to provide support to certain governments for border security operations. Sec. 1311. Modification of Defense Operational Resilience International Cooperation Pilot Program. Sec. 1312. Assistance to Israel for aerial refueling. Sec. 1313. Report on coordination with private entities and State governments with respect to the State Partnership Program. Subtitle B—Matters relating to Syria, Iraq, and Iran Sec. 1321. Extension and modification of authority to provide assistance to vetted Syrian groups and individuals. Sec. 1322. Extension of authority to support operations and activities of the Office of Security Cooperation in Iraq. Sec. 1323. Extension and modification of authority to provide assistance to counter the Islamic State of Iraq and Syria. Sec. 1324. Briefing on nuclear capability of Iran. Sec. 1325. Modification of establishment of coordinator for detained ISIS members and relevant populations in Syria. Subtitle C—Matters relating to Europe and the Russian Federation Sec. 1331. Extension and modification of Ukraine Security Assistance Initiative. Sec. 1332. Extension and modification of training for Eastern European national security forces in the course of multilateral exercises. Sec. 1333. Extension of prohibition on availability of funds relating to sovereignty of the Russian Federation over internationally recognized territory of Ukraine. Sec. 1334. Extension and modification of temporary authorizations related to Ukraine and other matters. Sec. 1335. Prioritization for basing, training, and exercises in North Atlantic Treaty Organization member countries. Sec. 1336. Study and report on lessons learned regarding information operations and deterrence. Sec. 1337. Report on progress on multi-year strategy and plan for the Baltic Security Initiative. Sec. 1338. Sense of the Senate on the North Atlantic Treaty Organization. Sec. 1339. Sense of the Senate on Defence Innovation Accelerator for the North Atlantic (DIANA) in the North Atlantic Treaty Organization. Sec. 1340. Sense of the Senate regarding the arming of Ukraine. Subtitle D—Matters relating to the Indo-Pacific region Sec. 1341. Indo-Pacific Campaigning Initiative. Sec. 1342. Training, advising, and institutional capacity-building program for military forces of Taiwan. Sec. 1343. Indo-Pacific Maritime Domain Awareness Initiative. Sec. 1344. Extension of Pacific Deterrence Initiative. Sec. 1345. Extension of authority to transfer funds for Bien Hoa dioxin cleanup. Sec. 1346. Extension and modification of pilot program to improve cyber cooperation with foreign military partners in Southeast Asia. Sec. 1347. Extension and modification of certain temporary authorizations. Sec. 1348. Plan for enhanced security cooperation with Japan. Sec. 1349. Plan for improvements to certain operating locations in Indo-Pacific region. Sec. 1350. Strategy for improving posture of ground-based theater-range missiles in Indo-Pacific region. Sec. 1351. Enhancing major defense partnership with India. Sec. 1352. Military cybersecurity cooperation with Taiwan. Sec. 1353. Designation of senior official for Department of Defense activities relating to, and implementation plan for, security partnership among Australia, the United Kingdom, and the United States. Sec. 1354. Report and notification relating to transfer of operational control on Korean Peninsula. Sec. 1355. Report on range of consequences of war with the People’s Republic of China. Sec. 1356. Study and report on command structure and force posture of United States Armed Forces in Indo-Pacific region. Sec. 1357. Studies on defense budget transparency of the People’s Republic of China and the United States. Sec. 1358. Briefing on provision of security assistance by the People’s Republic of China and summary of Department of Defense mitigation activities. Sec. 1359. Semiannual briefings on bilateral agreements supporting United States military posture in the Indo-Pacific region. Sec. 1360. Semiannual briefings on military of the People's Republic of China. Sec. 1361. Prohibition on use of funds to support entertainment projects with ties to the Government of the People's Republic of China. Sec. 1362. Prohibition on use of funds for the Wuhan Institute of Virology. Sec. 1363. Audit to identify diversion of Department of Defense funding to China's research labs. Sec. 1364. Prohibiting Federal funding for EcoHealth Alliance Inc. Sec. 1365. Assessment relating to contingency operational plan of United States Indo-Pacific Command. Sec. 1366. Assessment of absorptive capacity of military forces of Taiwan. Sec. 1367. Analysis of risks and implications of potential sustained military blockade of Taiwan by the People's Republic of China. Sec. 1368. Sense of the Senate on defense alliances and partnerships in the Indo-Pacific region. Sec. 1369. Assessment of gifts and grants to United States institutions of higher education from entities on the Non-SDN Chinese Military-Industrial Complex Companies List. Sec. 1370. Extension of export prohibition on munitions items to the Hong Kong Police Force. Subtitle E—Securing maritime data from China Sec. 1371. Short title. Sec. 1372. LOGINK defined. Sec. 1373. Countering the spread of LOGINK. Subtitle F—Reports Sec. 1381. Report on Department of Defense roles and responsibilities in support of National Strategy for the Arctic Region. Subtitle G—Other matters Sec. 1391. Military intelligence collection and analysis partnerships. Sec. 1392. Collaboration with partner countries to develop and maintain military-wide transformational strategies for operational energy. Sec. 1393. Modification of support of special operations for irregular warfare. Sec. 1394. Modification of authority for expenditure of funds for clandestine activities that support operational preparation of the environment. Sec. 1395. Modification of initiative to support protection of national security academic researchers from undue influence and other security threats. Sec. 1396. Modification of authority for certain payments to redress injury and loss. Sec. 1397. Modification of authority for cooperation on directed energy capabilities. Sec. 1398. Modification of Arctic Security Initiative. Sec. 1399. Termination of authorization of non-conventional assisted recovery capabilities. Sec. 1399A. Extension of prohibition on in-flight refueling to non-United States aircraft that engage in hostilities in the ongoing civil war in Yemen. Sec. 1399B. Extension of United States-Israel anti-tunnel cooperation. Sec. 1399C. 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. 1399D. Participation by military departments in interoperability programs with military forces of Australia, Canada, New Zealand, and the United Kingdom. Sec. 1399E. Cooperation with allies and partners in Middle East on development of integrated regional cybersecurity architecture. Sec. 1399F. Foreign Advance Acquisition Account. Sec. 1399G. Limitation on availability of funds for travel expenses of the Office of the Secretary of Defense. Sec. 1399H. Plans related to rapid transfer of certain missiles and defense capabilities. Sec. 1399I. Ensuring peace through strength in Israel. Sec. 1399J. Improvements to security cooperation workforce and defense acquisition workforce. Sec. 1399K. Modification of foreign military sales processing. Sec. 1399L. Ending China's developing nation status. Sec. 1399M. Sharing of information with respect to suspected violations of intellectual property rights. Sec. 1399N. Foreign port security assessments. Sec. 1399O. Legal preparedness for servicemembers abroad. Subtitle H—Limitation on withdrawal from NATO Sec. 1399AA. Opposition of Congress to suspension, termination, denunciation, or withdrawal from North Atlantic Treaty. Sec. 1399BB. Limitation on the use of funds. Sec. 1399CC. Notification of treaty action. Sec. 1399DD. Authorization of Legal Counsel to represent Congress. Sec. 1399EE. Reporting requirement. Sec. 1399FF. Rule of construction. Sec. 1399GG. Severability. Sec. 1399HH. Definitions. Subtitle I—Combating global corruption Sec. 1399AAA. Short title. Sec. 1399BBB. Definitions. Sec. 1399CCC. Publication of tiered ranking list. Sec. 1399DDD. Minimum standards for the elimination of corruption and assessment of efforts to combat corruption. Sec. 1399EEE. Imposition of sanctions under Global Magnitsky Human Rights Accountability Act. Sec. 1399FFF. Designation of embassy anti-corruption points of contact. Subtitle J—International children with disabilities protection Sec. 1399AAAA. Short title. Sec. 1399BBBB. Sense of Congress. Sec. 1399CCCC. Definitions. Sec. 1399DDDD. Statement of policy. Sec. 1399EEEE. International Children with Disabilities Protection Program and capacity building. Sec. 1399FFFF. Annual report on implementation. Sec. 1399GGGG. Promoting international protection and advocacy for children with disabilities. Subtitle K—Western Hemisphere Partnership Act of 2023 Sec. 1399AAAAA. Short title. Sec. 1399BBBBB. United States policy in the Western Hemisphere. Sec. 1399CCCCC. Promoting security and the rule of law in the Western Hemisphere. Sec. 1399DDDDD. Promoting digitalization and cybersecurity in the Western Hemisphere. Sec. 1399EEEEE. Promoting economic and commercial partnerships in the Western Hemisphere. Sec. 1399FFFFF. Promoting transparency and democratic governance in the Western Hemisphere. Sec. 1399GGGGG. Investment, trade, and development in Africa and Latin America and the Caribbean. Sec. 1399HHHHH. Sense of Congress on prioritizing nomination and confirmation of qualified ambassadors. Sec. 1399IIIII. Western Hemisphere defined. Sec. 1399JJJJJ. Report on efforts to capture and detain united states citizens as hostages. TITLE XIV—COOPERATIVE THREAT REDUCTION Sec. 1401. Cooperative Threat Reduction funds. TITLE XV—Other authorizations Subtitle A—Military programs Sec. 1501. Working capital funds. Sec. 1502. Chemical Agents and Munitions Destruction, Defense. Sec. 1503. Drug Interdiction and Counter-Drug Activities, Defense-wide. Sec. 1504. Defense Inspector General. Sec. 1505. Defense Health Program. Subtitle B—National Defense Stockpile Sec. 1511. Recovery of rare earth elements and other strategic and critical materials through end-of-life equipment recycling. Sec. 1512. Improvements to Strategic and Critical Materials Stock Piling Act. Sec. 1513. Authority to dispose of materials from the National Defense Stockpile. Sec. 1514. Beginning balances of the National Defense Stockpile Transaction Fund for audit purposes. Subtitle C—Other matters Sec. 1521. Authority for transfer of funds to joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund for Captain James A. Lovell Health Care Center, Illinois. Sec. 1522. Authorization of appropriations for Armed Forces Retirement Home. Sec. 1523. Modification of leasing authority of Armed Forces Retirement Home. TITLE XVI—Space activities, strategic programs, and intelligence matters Subtitle A—Space activities Sec. 1601. Acquisition strategy for Phase 3 of the National Security Space Launch program. Sec. 1602. Initial operating capability for Advanced Tracking and Launch Analysis System and system-level review. Sec. 1603. Department of the Air Force responsibility for space-based ground and airborne moving target indication. Sec. 1604. Principal Military Deputy for Space Acquisition and Integration. Sec. 1605. Use of middle tier acquisition authority for Space Development Agency acquisition program. Sec. 1606. Special authority for provision of commercial space launch support services. Sec. 1607. Treatment of Positioning, Navigation, and Timing Resiliency, Modifications, and Improvements program as acquisition category 1D program. Sec. 1608. Briefing on classification practices and foreign disclosure policies required for combined space operations. Sec. 1609. Limitation on availability of certain funds relating to selection of permanent location for headquarters of United States Space Command. Subtitle B—Nuclear forces Sec. 1611. Prohibition on reduction of the intercontinental ballistic missiles of the United States. Sec. 1612. Sentinel intercontinental ballistic missile program silo activity. Sec. 1613. Matters relating to the acquisition and deployment of the Sentinel intercontinental ballistic missile weapon system. Sec. 1614. Plan for decreasing the time to upload additional warheads to the intercontinental ballistic missile fleet. Sec. 1615. Tasking and oversight authority with respect to intercontinental ballistic missile site activation task force for Sentinel Program. Sec. 1616. Long-term sustainment of Sentinel ICBM guidance system. Sec. 1617. Sense of Senate on Polaris Sales Agreement. Sec. 1618. Matters relating to the nuclear-armed sea-launched cruise missile. Sec. 1619. Operational timeline for Strategic Automated Command and Control System. Sec. 1620. Amendment to annual report on the plan for the nuclear weapons stockpile, nuclear weapons complex, nuclear weapons delivery systems, and nuclear weapons command and control systems. Sec. 1621. Technical amendment to additional report matters on strategic delivery systems. Sec. 1622. Amendment to study of weapons programs that allow Armed Forces to address hard and deeply buried targets. Sec. 1623. Limitation on use of funds until provision of Department of Defense information to Government Accountability Office. Sec. 1624. Monitoring Iranian enrichment. Subtitle C—Missile defense Sec. 1631. Designation of official responsible for missile defense of Guam. Sec. 1632. Selection of a Director of the Missile Defense Agency. Sec. 1633. Modification of requirement for Comptroller General of the United States review and assessment of missile defense acquisition programs. Sec. 1634. Iron Dome short-range rocket defense system and Israeli cooperative missile defense program co-development and co-production. Sec. 1635. Modification of scope of program accountability matrices requirements for next generation interceptors for missile defense of the United States homeland. Sec. 1636. Limitation on availability of funds for Office of Cost Assessment and Program Evaluation until submission of missile defense roles and responsibilities report. Sec. 1637. Integrated air and missile defense architecture for the Indo-Pacific region. Sec. 1638. Modification of National Missile Defense policy. Subtitle D—Other matters Sec. 1641. Electronic warfare. Sec. 1642. Study on the future of the Integrated Tactical Warning Attack Assessment System. Sec. 1643. Comprehensive review of electronic warfare test ranges and future capabilities. Sec. 1644. Extension of authorization for protection of certain facilities and assets from unmanned aircraft. Sec. 1645. Addressing serious deficiencies in electronic protection of systems that operate in the radio frequency spectrum. Sec. 1646. Funding limitation on certain unreported programs. Sec. 1647. Revision of Secretary of Defense authority to engage in commercial activities as security for intelligence collection activities. TITLE XVII—Cyberspace-related matters Subtitle A—Matters relating to cyber operations and cyber forces Sec. 1701. Measures to enhance the readiness and effectiveness of the Cyber Mission Force. Sec. 1702. Cyber intelligence center. Sec. 1703. Performance metrics for pilot program for sharing cyber capabilities and related information with foreign operational partners. Sec. 1704. Next generation cyber red teams. Sec. 1705. Management of data assets by Chief Digital Officer. Sec. 1706. Authority for countering illegal trafficking by Mexican transnational criminal organizations in cyberspace. Sec. 1707. Pilot program for cybersecurity collaboration center inclusion of semiconductor manufacturers. Sec. 1708. Independent evaluation regarding potential establishment of United States Cyber Force and further evolution of current model for management and execution of cyber mission. Subtitle B—Matters relating to Department of Defense cybersecurity and information technology Sec. 1711. Requirements for deployment of fifth generation information and communications capabilities to Department of Defense bases and facilities. Sec. 1712. Department of Defense information network boundary and cross-domain defense. Sec. 1713. Policy and guidance on memory-safe software programming. Sec. 1714. Development of regional cybersecurity strategies. Sec. 1715. Cyber incident reporting. Sec. 1716. Management by Department of Defense of mobile applications. Sec. 1717. Security enhancements for the nuclear command, control, and communications network. Sec. 1718. Guidance regarding securing laboratories of the Armed Forces. Sec. 1719. Establishing Identity, Credential, and Access Management initiative as a program of record. Sec. 1720. Strategy on cybersecurity resiliency of Department of Defense space enterprise. Sec. 1721. Requirements for implementation of user activity monitoring for cleared personnel and operational and information technology administrators and other privileged users. Sec. 1722. Department of Defense digital content provenance. Sec. 1723. Post-graduate employment of Cyber Service Academy scholarship recipients in intelligence community. Sec. 1724. Minimum number of scholarships to be awarded annually through Cyber Service Academy. Sec. 1725. Control and management of Department of Defense data and establishment of Chief Digital and Artificial Intelligence Officer Governing Council. Sec. 1726. Requirement to support for cyber education and workforce development at institutions of higher learning. Sec. 1727. Improvements relating to cyber protection support for Department of Defense personnel in positions highly vulnerable to cyber attack. Sec. 1728. Comptroller General report on efforts to protect personal information of Department of Defense personnel from exploitation by foreign adversaries. TITLE XVIII—Space Force personnel management Sec. 1801. Short title. Sec. 1802. Space Force Personnel Management Act transition plan. Sec. 1803. Comprehensive assessment of Space Force equities in the National Guard. Subtitle A—Space Force military personnel system without component Sec. 1811. Establishment of military personnel management system for the Space Force. Sec. 1812. Composition of the Space Force without component. Sec. 1813. Definitions for single personnel management system for the Space Force. Sec. 1814. Basic policies relating to service in the Space Force. Sec. 1815. Status and participation. Sec. 1816. Officers. Sec. 1817. Enlisted members. Sec. 1818. Retention and separation generally. Sec. 1819. Separation of officers for substandard performance of duty or for certain other reasons. Sec. 1820. Retirement. Subtitle B—Conforming amendments related to Space Force military personnel system Sec. 1831. Amendments to Department of the Air Force provisions of title 10, United States Code. Sec. 1832. Amendments to subtitle A of title 10, United States Code. Sec. 1833. Title 38, United States Code (veterans’ benefits). Subtitle C—Transition provisions Sec. 1841. Transition period. Sec. 1842. Change of duty status of members of the Space Force. Sec. 1843. Transfer to the Space Force of members of the Air Force Reserve and the Air National Guard. Sec. 1844. Placement of officers on the Space Force officer list. Sec. 1845. Disestablishment of regular Space Force. Sec. 1846. End strength flexibility. Sec. 1847. Promotion authority flexibility. Subtitle D—Other amendments related to the Space Force Sec. 1851. Title 10, United States Code. Sec. 1852. Other provisions of law. 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 of authority to use cash payments in special account from land conveyance, Natick Soldier Systems Center, Massachusetts. Sec. 2105. Extension of authority to carry out fiscal year 2018 project at Kunsan Air Base, Korea. Sec. 2106. Extension of authority to carry out certain fiscal year 2019 projects. Sec. 2107. Extension of authority to carry out certain fiscal year 2021 projects. TITLE XXII—Navy military construction Sec. 2201. Authorized Navy construction and land acquisition projects. Sec. 2202. Family housing. Sec. 2203. Authorization of appropriations, Navy. Sec. 2204. Extension of authority to carry out certain fiscal year 2019 projects. Sec. 2205. Extension of authority to carry out certain fiscal year 2021 projects. 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 2017 projects. Sec. 2305. Extension of authority to carry out certain fiscal year 2018 projects. Sec. 2306. Extension of authority to carry out certain fiscal year 2019 projects. Sec. 2307. Extension of authority to carry out certain fiscal year 2021 projects. TITLE XXIV—Defense Agencies military construction Sec. 2401. Authorized Defense Agencies construction and land acquisition projects. Sec. 2402. Authorized Energy Resilience and Conservation Investment Program projects. Sec. 2403. Authorization of appropriations, Defense Agencies. Sec. 2404. Extension of authority to carry out certain fiscal year 2018 projects. Sec. 2405. Extension and modification of authority to carry out certain fiscal year 2019 projects. Sec. 2406. Extension of authority to carry out certain fiscal year 2021 projects. Sec. 2407. Additional authority to carry out certain fiscal year 2022 projects. Sec. 2408. Additional authority to carry out certain fiscal year 2023 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. Republic of Poland funded construction projects. 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 fiscal year 2018 project at Hulman Regional Airport, Indiana. Sec. 2608. Extension of authority to carry out fiscal year 2019 project at Francis S. Gabreski Airport, New York. Sec. 2609. Extension of authority to carry out certain fiscal year 2021 projects. Sec. 2610. Modification of authority to carry out fiscal year 2022 project at Nickell Memorial Armory, Kansas. Sec. 2611. Modification of authority to carry out fiscal year 2023 project at Camp Pendleton, California. Sec. 2612. Authority to conduct restoration and modernization projects at the First City Troop Readiness Center in Philadelphia, Pennsylvania. 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. Sec. 2703. Closure and disposal of the Pueblo Chemical Depot, Pueblo County, Colorado. TITLE XXVIII—Military construction general provisions Subtitle A—Military Construction Program Sec. 2801. Authority for Indo-Pacific posture military construction projects. Sec. 2802. Ordering authority for maintenance, repair, and construction of facilities of Department of Defense. Sec. 2803. Application of area construction cost indices outside the United States. Sec. 2804. Authorization of cost-plus incentive-fee contracting for military construction projects to mitigate risk to the Sentinel Program schedule and cost. Sec. 2805. Extensions to the Military Lands Withdrawal Act relating to Barry M. Goldwater range. Sec. 2806. Authority to lease land parcel for hospital and medical campus, Barrigada Transmitter Site, Guam. Sec. 2807. Revision to access and management of Air Force memorial. Sec. 2808. Development and operation of the Marine Corps Heritage Center and the National Museum of the Marine Corps. Sec. 2809. Authority for acquisition of real property interest in park land owned by the Commonwealth of Virginia. Sec. 2810. Movement or consolidation of Joint Spectrum Center to Fort Meade, Maryland, or another appropriate location. Sec. 2811. Temporary expansion of authority for use of one-step turn-key selection procedures for repair projects. Sec. 2812. Modification of temporary increase of amounts in connection with authority to carry out unspecified minor military construction. Sec. 2813. Pilot program on replacement of substandard enlisted barracks. Sec. 2814. Expansion of Defense Community Infrastructure Pilot Program to include installations of the Coast Guard. Sec. 2815. Modification of pilot program on increased use of sustainable building materials in military construction. Subtitle B—Military Housing PART I—Military Unaccompanied Housing Sec. 2821. Uniform condition index for military unaccompanied housing. Sec. 2822. Certification of habitability of military unaccompanied housing. Sec. 2823. Maintenance work order management process for military unaccompanied housing. Sec. 2824. Expansion of uniform code of basic standards for military housing to include military unaccompanied housing. Sec. 2825. Oversight of military unaccompanied housing. Sec. 2826. Elimination of flexibilities for adequacy or construction standards for military unaccompanied housing. Sec. 2827. Design standards for military unaccompanied housing. Sec. 2828. Termination of habitability standard waivers and assessment and plan with respect to military unaccompanied housing. Sec. 2829. Requirement for security cameras in common areas and entry points of military unaccompanied housing. Sec. 2830. Annual report on military unaccompanied housing. PART II—Privatized Military Housing Sec. 2841. Improvements to privatized military housing. Sec. 2842. Implementation of Comptroller General Recommendations relating to strengthening oversight of privatized military housing. Sec. 2843. Treatment of nondisclosure agreements with respect to privatized military housing. PART III—Other Housing Matters Sec. 2851. Department of Defense Military Housing Readiness Council. Sec. 2852. Inclusion in annual status of forces survey of questions regarding living conditions of members of the Armed Forces. Subtitle C—Land Conveyances Sec. 2861. Land conveyance, BG J Sumner Jones Army Reserve Center, Wheeling, West Virginia. Sec. 2862. Land conveyance, Wetzel County Memorial Army Reserve Center, New Martinsville, West Virginia. Subtitle D—Other Matters Sec. 2871. Authority to conduct energy resilience and conservation projects at installations where non-Department of Defense funded energy projects have occurred. Sec. 2872. Limitation on authority to modify or restrict public access to Greenbury Point Conservation Area at Naval Support Activity Annapolis, Maryland. Sec. 2873. Authorization for the Secretary of the Navy to resolve the electrical utility operations at Former Naval Air Station Barbers Point (currently known as Kalaeloa Sec. 2874. Clarification of other transaction authority for installation or facility prototyping. Sec. 2875. Requirement that Department of Defense include military installation resilience in real property management and installation master planning of Department. Sec. 2876. Increase of limitation on fee for architectural and engineering services procured by military departments. Sec. 2877. Requirement that all material types be considered for design-bid-build military construction projects. Sec. 2878. Continuing education curriculum for members of the military construction planning and design workforce and acquisition workforce of the Department of Defense. Sec. 2879. Guidance on Department of Defense-wide standards for access to installations of the Department. Sec. 2880. Deployment of existing construction materials. Sec. 2881. Technical corrections. 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. Limitation on use of funds for naval nuclear fuel systems based on low-enriched uranium. Sec. 3112. Prohibition on ARIES expansion before realization of 30 pit per year base capability. Sec. 3113. Plutonium Modernization Program management. Sec. 3114. Pantex explosives manufacturing capability. Sec. 3115. Limitation on establishing an enduring bioassurance program within the National Nuclear Security Administration. Sec. 3116. Extension of authority on acceptance of contributions for acceleration or removal or security of fissile materials, radiological materials, and related equipment at vulnerable sites worldwide. Sec. 3117. Modification of reporting requirements for program on vulnerable sites. Sec. 3118. Implementation of enhanced mission delivery initiative. Sec. 3119. Limitation on use of funds until provision of spend plan for W80–4 ALT weapon development. Sec. 3120. Analyses of nuclear programs of foreign countries. Sec. 3121. Enhancing National Nuclear Security Administration supply chain reliability. Sec. 3122. Transfer of cybersecurity responsibilities to Administrator for Nuclear Security. Sec. 3123. Redesignating duties related to departmental radiological and nuclear incident responses. Sec. 3124. Modification of authority to establish certain contracting, program management, scientific, engineering, and technical positions. Sec. 3125. Technical amendments to the Atomic Energy Defense Act. Sec. 3126. Amendment to period for briefing requirements. Sec. 3127. Repeal of reporting requirements for Uranium Capabilities Replacement Project. Subtitle C—Budget and financial management matters Sec. 3131. Updated financial integration policy. Subtitle D—Other matters Sec. 3141. Integration of technical expertise of Department of Energy into policymaking. Sec. 3142. Amendments to the Energy Employees Occupational Illness Compensation Program Act of 2000. Sec. 3143. Prohibition on sales of petroleum products from the Strategic Petroleum Reserve to certain countries. Sec. 3144. U.S. nuclear fuel security initiative. TITLE XXXII—Defense Nuclear Facilities Safety Board Sec. 3201. Authorization. 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. DIVISION E—Additional Provisions TITLE LI—Procurement Subtitle D—Air Force programs Sec. 5131. Inventory of C–130 aircraft. Sec. 5132. Extension of prohibition on certain reductions to B–1 bomber aircraft squadrons. Sec. 5133. Prohibition on divestment of F–15E aircraft. TITLE LII—Research, development, test, and evaluation Sec. 5201. Application of public-private talent exchange programs in the Department of Defense to quantum information sciences and technology research. Sec. 5202. Briefing on Science, Mathematics, and Research for Transformation (SMART) Defense Education Program. Sec. 5203. Improvements to defense quantum information science and technology research and development program. Sec. 5204. Improvements to National Quantum Initiative Program. Sec. 5205. Annual review of status of implementation plan for digital engineering career tracks. Sec. 5206. Rapid response to emergent technology advancements or threats. TITLE LIII—Operation and maintenance Subtitle A—Briefings and reports Sec. 5341. Report by Department of Defense on alternatives to burn pits. TITLE LVI—Compensation and other personnel benefits Subtitle C—Other matters Sec. 5631. Modifications to transitional compensation for dependents of members separated for dependent abuse. Sec. 5632. Report on effect of phase-out of reduction of survivor benefit plan survivor annuities by amount of dependency and indemnity compensation. TITLE LVII—Health care provisions Subtitle A—TRICARE and other health care benefits Sec. 5701. Expansion of eligibility for hearing aids to include children of certain retired members of the uniformed services. Subtitle B—Health care administration Sec. 5711. Modification of requirement to transfer research and development and public health functions to Defense Health Agency. Subtitle C—Reports and other matters Sec. 5721. Report on military mental health care referral policies. Sec. 5722. Comptroller General study on biomedical research and development funded by Department of Defense. Sec. 5723. Report on provision of mental health services via telehealth to members of the Armed Forces and their dependents. Sec. 5724. Expansion of doula care furnished by Department of Defense. TITLE LVIII—Acquisition policy, acquisition management, and related matters Subtitle D—Small business matters Sec. 5841. Competition of small business concerns for Department of Defense contracts. Subtitle E—Other matters Sec. 5851. Briefing on the redesignation of National Serial Number (NSN) parts as proprietary. TITLE LX—Other matters Subtitle D—Counterterrorism Sec. 6031. Establishing a coordinator for countering Mexico's criminal cartels. Subtitle F—Studies and reports Sec. 6051. Report on food purchasing by the Department of Defense. Subtitle G—Other matters Sec. 6071. Improvements to Department of Veterans Affairs-Department of Defense Joint Executive Committee. Sec. 6072. Grave markers at Santa Fe National Cemetery, New Mexico. Sec. 6073. Modification of compensation for members of the Afghanistan War Commission. Sec. 6074. Red Hill health impacts. Sec. 6075. Permanent authorization of Undetectable Firearms Act of 1988. Sec. 6076. Sense of Congress on the importance of non-governmental recognition of military enlistees to improve community support for military recruitment. Sec. 6077. Adjustment of threshold amount for minor medical facility projects of Department of Veterans Affairs. Sec. 6078. Designation of National Museum of the Mighty Eighth Air Force. Sec. 6079. Revision of requirement for transfer of certain aircraft to State of California for wildfire suppression purposes. Sec. 6080. Extension of active duty term for Attending Physician at United States Capitol. Sec. 6081. Disclosures by directors, officers, and principal stockholders. Sec. 6082. Preventing Child Sex Abuse. Sec. 6083. Senate National Security Working Group. Sec. 6084. Recognition as corporation and grant of Federal charter for National American Indian Veterans, Incorporated. Subtitle H—Granting Recognition to Accomplished Talented Employees for Unwavering Loyalty Act Sec. 6091. Short title. Sec. 6092. Findings; sense of Congress. Sec. 6093. Visa availability for Government Employee Immigrant Visa program. Subtitle I—Additional matters relating to artificial intelligence Sec. 6096. Report on artificial intelligence regulation in financial services industry. Sec. 6097. Artificial intelligence bug bounty programs. Sec. 6098. Vulnerability analysis study for artificial intelligence-enabled military applications. Sec. 6099. Report on data sharing and coordination. TITLE LXII—Matters relating to foreign nations Subtitle C—Matters relating to Europe and the Russian Federation Sec. 6231. Black Sea security and development strategy. Subtitle D—Matters relating to the Indo-Pacific region Sec. 6241. Sense of Congress on the renewal of the Compacts of Free Association with the Republic of Palau, the Federated States of Micronesia, and the Republic of the Marshall Islands. Sec. 6242. Eligibility of Taiwan for the strategic trade authorization exception to certain export control licensing requirements. Sec. 6243. Audit to identify diversion of Department of Defense funding to China's research labs. Subtitle G—Other matters Sec. 6291. Sense of the Senate on digital trade and the digital economy. Sec. 6292. Assessment of certain United States-origin technology used by foreign adversaries. Sec. 6293. Virginia class submarine transfer certification. TITLE LXV—Space activities, strategic programs, and intelligence matters Subtitle B—Nuclear forces Sec. 6511. Annual report on development of long-range stand-off weapon. TITLE LXVIII—FEND Off Fentanyl Act Sec. 6801. Short title. Sec. 6802. Sense of Congress. Sec. 6803. Definitions. Subtitle A—Sanctions Matters PART I—Sanctions in Response to National Emergency relating to Fentanyl Trafficking Sec. 6811. Finding; policy. Sec. 6812. Use of national emergency authorities; reporting. Sec. 6813. Codification of Executive order imposing sanctions with respect to foreign persons involved in global illicit drug trade. Sec. 6814. Imposition of sanctions with respect to fentanyl trafficking by transnational criminal organizations. Sec. 6815. Penalties; waivers; exceptions. Sec. 6816. Treatment of forfeited property of transnational criminal organizations. PART II—Other Matters Sec. 6821. Ten-year statute of limitations for violations of sanctions. Sec. 6822. Classified report and briefing on staffing of Office of Foreign Assets Control. Sec. 6823. Report on drug transportation routes and use of vessels with mislabeled cargo. Sec. 6824. Report on actions of People’s Republic of China with respect to persons involved in fentanyl supply chain. Subtitle B—Anti-Money Laundering Matters Sec. 6831. Designation of illicit fentanyl transactions of sanctioned persons as of primary money laundering concern. Sec. 6832. Treatment of transnational criminal organizations in suspicious transactions reports of the Financial Crimes Enforcement Network. Sec. 6833. Report on trade-based money laundering in trade with Mexico, the People's Republic of China, and Burma. Subtitle C—Exception Relating to Importation of Goods Sec. 6841. Exception relating to importation of goods. TITLE LXXVIII—Military construction and general provisions Subtitle B—Military housing PART III—Other housing matters Sec. 7851. Report on plan to replace houses at Fort Leonard Wood. Subtitle D—Other matters Sec. 7881. Study on impact on members of the Armed Forces and dependents of construction projects that affect quality of life. Sec. 7882. Modification of pilot program on establishment of account for reimbursement for use of testing facilities at installations of the Department of the Air Force. TITLE LXXXI—Department of Energy national security programs Subtitle D—Other matters Sec. 8141. Accelerating Deployment of Versatile, Advanced Nuclear for Clean Energy. DIVISION F—Department of State Authorization Act of 2023 Sec. 6001. Short title; table of contents. Sec. 6002. Definitions. TITLE LXI—Diplomatic security and consular affairs Sec. 6101. Special hiring authority for passport services. Sec. 6102. Quarterly report on passport wait times. Sec. 6103. Passport travel advisories. Sec. 6104. Strategy to ensure access to passport services for all Americans. Sec. 6105. Strengthening the National Passport Information Center. Sec. 6106. Strengthening passport customer visibility and transparency. Sec. 6107. Annual Office of Authentications report. Sec. 6108. Increased accountability in assignment restrictions and reviews. Sec. 6109. Suitability reviews for Foreign Service Institute instructors. Sec. 6110. Diplomatic security fellowship programs. TITLE LXII—Personnel matters Subtitle A—Hiring, promotion, and development Sec. 6201. Adjustment to promotion precepts. Sec. 6202. Hiring authorities. Sec. 6203. Extending paths to service for paid student interns. Sec. 6204. Lateral Entry Program. Sec. 6205. Mid-Career Mentoring Program. Sec. 6206. Report on the Foreign Service Institute’s language program. Sec. 6207. Consideration of career civil servants as chiefs of missions. Sec. 6208. Civil service rotational program. Sec. 6209. Reporting requirement on chiefs of mission. Sec. 6210. Report on chiefs of mission and deputy chiefs of mission. Sec. 6211. Protection of retirement annuity for reemployment by Department. Sec. 6212. Efforts to improve retention and prevent retaliation. Sec. 6213. National advertising campaign. Sec. 6214. Expansion of diplomats in residence programs. Subtitle B—Pay, benefits, and workforce matters Sec. 6221. Education allowance. Sec. 6222. Per diem allowance for newly hired members of the Foreign Service. Sec. 6223. Improving mental health services for foreign and civil servants. Sec. 6224. Emergency back-up care. Sec. 6225. Authority to provide services to non-chief of mission personnel. Sec. 6226. Exception for government-financed air transportation. Sec. 6227. Enhanced authorities to protect locally employed staff during emergencies. Sec. 6228. Internet at hardship posts. Sec. 6229. Competitive local compensation plan. Sec. 6230. Supporting tandem couples in the Foreign Service. Sec. 6231. Accessibility at diplomatic missions. Sec. 6232. Report on breastfeeding accommodations overseas. Sec. 6233. Determining the effectiveness of knowledge transfers between Foreign Service Officers. Sec. 6234. Education allowance for dependents of Department of State employees located in United States territories. TITLE LXIII—Information security and cyber diplomacy Sec. 6301. Data-informed diplomacy. Sec. 6302. Establishment and expansion of the Bureau Chief Data Officer Program. Sec. 6303. Establishment of the Chief Artificial Intelligence Officer of the Department of State. Sec. 6304. Strengthening the Chief Information Officer of the Department of State. Sec. 6305. Sense of Congress on strengthening enterprise governance. Sec. 6306. Digital connectivity and cybersecurity partnership. Sec. 6307. Establishment of a cyberspace, digital connectivity, and related technologies (CDT) fund. Sec. 6308. Cyber protection support for personnel of the Department of State in positions highly vulnerable to cyber attack. TITLE LXIV—Organization and operations Sec. 6401. Personal services contractors. Sec. 6402. Hard-to-fill posts. Sec. 6403. Enhanced oversight of the Office of Civil Rights. Sec. 6404. Crisis response operations. Sec. 6405. Special Envoy to the Pacific Islands Forum. Sec. 6406. Special Envoy for Belarus. Sec. 6407. Overseas placement of special appointment positions. Sec. 6408. Resources for United States nationals unlawfully or wrongfully detained abroad. TITLE LXV—Economic diplomacy Sec. 6501. Report on recruitment, retention, and promotion of Foreign Service economic officers. Sec. 6502. Mandate to revise Department of State metrics for successful economic and commercial diplomacy. Sec. 6503. Chief of mission economic responsibilities. Sec. 6504. Direction to embassy deal teams. Sec. 6505. Establishment of a Deal Team of the Year TITLE LXVI—Public diplomacy Sec. 6601. Public diplomacy outreach. Sec. 6602. Modification on use of funds for Radio Free Europe/Radio Liberty. Sec. 6603. International broadcasting. Sec. 6604. John Lewis Civil Rights Fellowship program. Sec. 6605. Domestic engagement and public affairs. Sec. 6606. Extension of Global Engagement Center. Sec. 6607. Paperwork Reduction Act. Sec. 6608. Modernization and enhancement strategy. TITLE LXVII—Other matters Sec. 6701. Internships of United States nationals at international organizations. Sec. 6702. Training for international organizations. Sec. 6703. Modification to transparency on international agreements and non-binding instruments. Sec. 6704. Report on partner forces utilizing United States security assistance identified as using hunger as a weapon of war. Sec. 6705. Infrastructure projects and investments by the United States and People’s Republic of China. Sec. 6706. Special envoys. Sec. 6707. US–ASEAN Center. Sec. 6708. Briefings on the United States-European Union Trade and Technology Council. Sec. 6709. Modification and repeal of reports. Sec. 6710. Modification of Build Act of 2018 to prioritize projects that advance national security. Sec. 6711. Permitting for international bridges. TITLE LXVIII—AUKUS matters Sec. 6801. Definitions. Subtitle A—Outlining the AUKUS partnership Sec. 6811. Statement of policy on the AUKUS partnership. Sec. 6812. Senior Advisor for the AUKUS partnership at the Department of State. Subtitle B—Authorization for AUKUS submarine training Sec. 6823. Australia, United Kingdom, and United States submarine security training. Subtitle C—Streamlining and protecting transfers of United States military technology from compromise Sec. 6831. Priority for Australia and the United Kingdom in Foreign Military Sales and Direct Commercial Sales. Sec. 6832. Identification and pre-clearance of platforms, technologies, and equipment for sale to Australia and the United Kingdom through Foreign Military Sales and Direct Commercial Sales. Sec. 6833. Export control exemptions and standards. Sec. 6834. Expedited review of export licenses for exports of advanced technologies to Australia, the United Kingdom, and Canada. Sec. 6835. United States Munitions List. Subtitle D—Other AUKUS matters Sec. 6841. Reporting related to the AUKUS partnership. DIVISION G—Unidentified anomalous phenomena disclosure Sec. 9001. Short title. Sec. 9002. Findings, declarations, and purposes. Sec. 9003. Definitions. Sec. 9004. Unidentified Anomalous Phenomena Records Collection at the National Archives and Records Administration. Sec. 9005. Review, identification, transmission to the National Archives, and public disclosure of unidentified anomalous phenomena records by Government offices. Sec. 9006. Grounds for postponement of public disclosure of unidentified anomalous phenomena records. Sec. 9007. Establishment and powers of the Unidentified Anomalous Phenomena Records Review Board. Sec. 9008. Unidentified Anomalous Phenomena Records Review Board personnel. Sec. 9009. Review of records by the Unidentified Anomalous Phenomena Records Review Board. Sec. 9010. Disclosure of recovered technologies of unknown origin and biological evidence of non-human intelligence. Sec. 9011. Disclosure of other materials and additional study. Sec. 9012. Rules of construction. Sec. 9013. Termination of effect of division. Sec. 9014. Authorization of appropriations. Sec. 9015. Severability. DIVISION H—Architect of the Capitol Appointment Act of 2023 Sec. 10001. Short title. Sec. 10002. Appointment and term of service of Architect of the Capitol. Sec. 10003. Appointment of Deputy Architect of the Capitol; vacancy in Architect or Deputy Architect. Sec. 10004. Deputy Architect of the Capitol to serve as acting in case of absence, disability, or vacancy. DIVISION I—Fair debt collection practices for servicemembers Sec. 11001. Short title. Sec. 11002. Enhanced protection against debt collector harassment of servicemembers. Sec. 11003. GAO study. DIVISION J—Native American Housing Assistance and Self-Determination Reauthorization Act of 2023 Sec. 11001. Short title. Sec. 11002. Consolidation of environmental review requirements. Sec. 11003. Authorization of appropriations. Sec. 11004. Student housing assistance. Sec. 11005. Application of rent rule only to units owned or operated by Indian tribe or tribally designated housing entity. Sec. 11006. De minimis exemption for procurement of goods and services. Sec. 11007. Homeownership or lease-to-own low-income requirement and income targeting. Sec. 11008. Lease requirements and tenant selection. Sec. 11009. Indian Health Service. Sec. 11010. Statutory authority to suspend grant funds in emergencies. Sec. 11011. Reports to Congress. Sec. 11012. 99-year leasehold interest in trust or restricted lands for housing purposes. Sec. 11013. Amendments for block grants for affordable housing activities. Sec. 11014. Reauthorization of Native Hawaiian homeownership provisions. Sec. 11015. Total development cost maximum project cost. Sec. 11016. Community-based development organizations and special activities by Indian Tribes. Sec. 11017. Section 184 Indian Home Loan Guarantee program. Sec. 11018. Loan guarantees for Native Hawaiian housing. Sec. 11019. Drug elimination program. Sec. 11020. Rental assistance for homeless or at-risk Indian veterans. Sec. 11021. Continuum of care. Sec. 11022. Leveraging. DIVISION K—Fort Belknap Indian Community Water Rights Settlement Act of 2023 Sec. 11001. Short title. Sec. 11002. Purposes. Sec. 11003. Definitions. Sec. 11004. Ratification of Compact. Sec. 11005. Tribal water rights. Sec. 11006. Exchange and transfer of land. Sec. 11007. Storage allocation from Lake Elwell. Sec. 11008. Milk River Project mitigation. Sec. 11009. Fort Belknap Indian Irrigation Project System. Sec. 11010. Satisfaction of claims. Sec. 11011. Waivers and releases of claims. Sec. 11012. Aaniiih Nakoda Settlement Trust Fund. Sec. 11013. Fort Belknap Indian Community Water Settlement Implementation Fund. Sec. 11014. Funding. Sec. 11015. Miscellaneous provisions. Sec. 11016. Antideficiency. DIVISION L—Committee on Homeland Security and Governmental Affairs TITLE LXIX—Federal data and information security Subtitle A—Federal Data Center Enhancement Act of 2023 Sec. 11001. Short title. Sec. 11002. Federal Data Center Consolidation Initiative Amendments. TITLE LXX—Stemming the Flow of Illicit Narcotics Subtitle A—Enhancing DHS Drug Seizures Act Sec. 11101. Short title. Sec. 11102. Coordination and information sharing. Sec. 11103. Danger pay for Department of Homeland Security personnel deployed abroad. Sec. 11104. Improving training to foreign-vetted law enforcement or national security units. Sec. 11105. Enhancing the operations of U.S. Customs and Border Protection in foreign countries. Sec. 11106. Drug seizure data improvement. Sec. 11107. Drug performance measures. Sec. 11108. Penalties for hindering immigration, border, and customs controls. Subtitle B—Non-Intrusive Inspection Expansion Act Sec. 11111. Short title. Sec. 11112. Use of non-intrusive inspection systems at land ports of entry. Sec. 11113. Non-intrusive inspection systems for outbound inspections. Sec. 11114. GAO review and report. Subtitle C—Securing America's Ports of Entry Act of 2023 Sec. 11121. Short title. Sec. 11122. Additional U.S. Customs and Border Protection personnel. Sec. 11123. Ports of entry infrastructure enhancement report. Sec. 11124. Reporting requirements. Sec. 11125. Authorization of appropriations. Subtitle D—Border Patrol Enhancement Act Sec. 11131. Short title. Sec. 11132. Authorized staffing level for the United States Border Patrol. Sec. 11133. Establishment of higher rates of regularly scheduled overtime pay for United States Border Patrol agents classified at GS–12. Sec. 11134. GAO assessment of recruiting efforts, hiring requirements, and retention of law enforcement personnel. Sec. 11135. Continuing training. Sec. 11136. Reporting requirements. Subtitle E—END FENTANYL Act Sec. 11141. Short titles. Sec. 11142. Ensuring timely updates to U.S. Customs and Border Protection field manuals. TITLE LXXI—Improving Lobbying Disclosure Requirements Subtitle A—Lobbying Disclosure Improvement Act Sec. 11201. Short title. Sec. 11202. Registrant disclosure regarding foreign agent registration exemption. Subtitle B—Disclosing Foreign Influence in Lobbying Act Sec. 11211. Short title. Sec. 11212. Clarification of contents of registration. TITLE LXXII—Protecting Our Domestic Workforce and Supply Chain Subtitle A—Government-wide study relating to high-security leased space Sec. 11301. Government-wide study. Subtitle B—Intergovernmental Critical Minerals Task Force Sec. 11311. Short title. Sec. 11312. Findings. Sec. 11313. Intergovernmental critical minerals task force. Subtitle C—Customs Trade Partnership Against Terrorism Pilot Program Act of 2023 Sec. 11321. Short title. Sec. 11322. Definitions. Sec. 11323. Pilot program on participation of third-party logistics providers in ctpat. Sec. 11324. Report on effectiveness of CTPAT. Sec. 11325. No additional funds authorized. Subtitle D—Military Spouse Employment Act Sec. 11331. Short title. Sec. 11332. Appointment of military spouses. Sec. 11333. GAO study and report. Subtitle E—Designation of airports Sec. 11341. Designation of additional port of entry for the importation and exportation of wildlife and wildlife products by the United States Fish and Wildlife Service. DIVISION M—Intelligence Authorization Act for Fiscal Year 2024 Sec. 1. Short title; table of contents. Sec. 2. Definitions. TITLE I—Intelligence activities Sec. 101. Authorization of appropriations. Sec. 102. Classified Schedule of Authorizations. Sec. 103. Intelligence Community Management Account. Sec. 104. Increase in employee compensation and benefits authorized by law. TITLE II—Central Intelligence Agency retirement and disability system Sec. 201. Authorization of appropriations. TITLE III—Intelligence community matters Subtitle A—General intelligence community matters Sec. 301. Plan to recruit, train, and retain personnel with experience in financial intelligence and emerging technologies. Sec. 302. Policy and performance framework for mobility of intelligence community workforce. Sec. 303. In-State tuition rates for active duty members of the intelligence community. Sec. 304. Standards, criteria, and guidance for counterintelligence vulnerability assessments and surveys. Sec. 305. Improving administration of certain post-employment restrictions for intelligence community. Sec. 306. Mission of the National Counterintelligence and Security Center. Sec. 307. Prohibition relating to transport of individuals detained at United States Naval Station, Guantanamo Bay, Cuba. Sec. 308. Department of Energy science and technology risk assessments. Sec. 309. Congressional oversight of intelligence community risk assessments. Sec. 310. Inspector General review of dissemination by Federal Bureau of Investigation Richmond, Virginia, field office of certain document. Sec. 311. Office of Intelligence and Analysis. Subtitle B—Central Intelligence Agency Sec. 321. Change to penalties and increased availability of mental health treatment for unlawful conduct on Central Intelligence Agency installations. Sec. 322. Modifications to procurement authorities of the Central Intelligence Agency. Sec. 323. Establishment of Central Intelligence Agency standard workplace sexual misconduct complaint investigation procedure. TITLE IV—Matters concerning foreign countries Subtitle A—People’s Republic of China Sec. 401. Intelligence community coordinator for accountability of atrocities of the People's Republic of China. Sec. 402. Interagency working group and report on the malign efforts of the People's Republic of China in Africa. Sec. 403. Amendment to requirement for annual assessment by intelligence community working group for monitoring the economic and technological capabilities of the People's Republic of China. Sec. 404. Assessments of reciprocity in the relationship between the United States and the People’s Republic of China. Sec. 405. Annual briefing on intelligence community efforts to identify and mitigate Chinese Communist Party and Russian foreign malign influence operations against the United States. Sec. 406. Assessment of threat posed to United States ports by cranes manufactured by countries of concern. Subtitle B—Other foreign countries Sec. 411. Report on efforts to capture and detain United States citizens as hostages. Sec. 412. Sense of Congress on priority of fentanyl in National Intelligence Priorities Framework. TITLE V—Matters pertaining to United States economic and emerging technology competition with United States adversaries Subtitle A—General matters Sec. 501. Assignment of detailees from intelligence community to Department of Commerce. Subtitle B—Next-generation energy, biotechnology, and artificial intelligence Sec. 511. Expanded annual assessment of economic and technological capabilities of the People's Republic of China. Sec. 512. Assessment of using civil nuclear energy for intelligence community capabilities. Sec. 513. Policies established by Director of National Intelligence for artificial intelligence capabilities. TITLE VI—Whistleblower matters Sec. 601. Submittal to Congress of complaints and information by whistleblowers in the intelligence community. Sec. 602. Prohibition against disclosure of whistleblower identity as reprisal against whistleblower disclosure by employees and contractors in intelligence community. Sec. 603. Establishing process parity for adverse security clearance and access determinations. Sec. 604. Elimination of cap on compensatory damages for retaliatory revocation of security clearances and access determinations. Sec. 605. Modification and repeal of reporting requirements. TITLE VII—Classification reform Subtitle A—Classification Reform Act of 2023 Sec. 701. Short title. Sec. 702. Definitions. Sec. 703. Classification and declassification of information. Sec. 704. Transparency officers. Subtitle B—Sensible Classification Act of 2023 Sec. 711. Short title. Sec. 712. Definitions. Sec. 713. Findings and sense of the Senate. Sec. 714. Classification authority. Sec. 715. Promoting efficient declassification review. Sec. 716. Training to promote sensible classification. Sec. 717. Improvements to Public Interest Declassification Board. Sec. 718. Implementation of technology for classification and declassification. Sec. 719. Studies and recommendations on necessity of security clearances. TITLE VIII—Security clearance and trusted workforce Sec. 801. Review of shared information technology services for personnel vetting. Sec. 802. Timeliness standard for rendering determinations of trust for personnel vetting. Sec. 803. Annual report on personnel vetting trust determinations. Sec. 804. Survey to assess strengths and weaknesses of Trusted Workforce 2.0. Sec. 805. Prohibition on denial of eligibility for access to classified information solely because of past use of cannabis. TITLE IX—Anomalous health incidents Sec. 901. Improved funding flexibility for payments made by the Central Intelligence Agency for qualifying injuries to the brain. Sec. 902. Clarification of requirements to seek certain benefits relating to injuries to the brain. Sec. 903. Intelligence community implementation of HAVANA Act of 2021 authorities. Sec. 904. Report and briefing on Central Intelligence Agency handling of anomalous health incidents. TITLE X—Election security Sec. 1001. Strengthening Election Cybersecurity to Uphold Respect for Elections through Independent Testing Act of 2023. TITLE XI—Other matters Sec. 1101. Modification of reporting requirement for All-domain Anomaly Resolution Office. Sec. 1102. Funding limitations relating to unidentified anomalous phenomena. 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: 3. Congressional defense committees In this Act, the term congressional defense committees 4. Budgetary effects of this Act The budgetary effects of this Act, for the purposes 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 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 2024 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. Report on Army requirements and acquisition strategy for night vision devices (a) Report required Not later than February 29, 2024, the Secretary of the Army shall submit to the congressional defense committees a report on night vision devices. (b) Elements The report required by subsection (a) shall include the following elements: (1) An identification of the specific capabilities the Army is seeking to achieve in night vision. (2) An identification of the capabilities in night vision required by unit, including the number and type of units for each capability. (3) An identification of the total requirement for night vision devices in the Army, disaggregated by number and type of unit. (4) A description of the acquisition strategy of the Army for achieving the capabilities described in paragraph (1), including a description of each of the following: (A) The acquisition objective for each type of night vision device. (B) The programmed purchase quantities for night vision devices required each year. (C) The contract type of each procurement of night vision devices. (D) The expected date for achieving the capabilities. (E) The industrial base constraints on each type of night vision device. (F) The modernization plan for each type of night vision device. 112. Army plan for ensuring sources of cannon tubes (a) Updated assessment The Secretary of the Army shall update the assessment of the Secretary on the sufficiency of the development, production, procurement, and modernization of the defense industrial base for cannon and large caliber weapons tubes. (b) Submittal to Congress Not later than February 29, 2024, 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 update to the report submitted to Congress in March 2022 entitled Army Plan for Ensuring Sources of Cannon Tubes 113. Strategy for Army tactical wheeled vehicle program (a) Strategy required In the budget justification materials submitted in support of the budget of the Department of Defense (as submitted with the budget of the President under section 1105(a) of title 31, United States Code) for fiscal year 2025 and every five years thereafter, the Secretary of the Army shall include a report on the strategy of the Army for tactical wheeled vehicles. (b) Requirements for strategy Each strategy required by subsection (a) shall— (1) align with the applicable national defense strategy under section 113(g) of title 10, United States Code, and applicable policies; (2) be designed so that the force of tactical wheeled vehicles provided under the strategy supports the national security strategy of the United States as set forth in the most recent national security strategy report of the President under section 108 of the National Security Act of 1947 ( 50 U.S.C. 3043 (3) define capabilities and capacity requirements across the entire fleet of tactical wheeled vehicles, including— (A) light, medium, and heavy tactical wheeled vehicles; and (B) associated trailer and support equipment. (c) Strategy elements Each strategy required by subsection (a) shall include the following: (1) A detailed program for the construction of light, medium, and heavy tactical wheeled vehicles for the Army over the next five fiscal years. (2) A description of the necessary force structure and capabilities of tactical wheeled vehicles to meet the requirements of the national security strategy described in subsection (b)(2). (3) The estimated levels of annual funding, by vehicle class, in both graphical and tabular form, necessary to carry out the program described in paragraph (1), together with a discussion of the procurement strategies on which such estimated levels of annual funding are based. (4) The estimated total cost of construction for each vehicle class used to determine the estimated levels of annual funding described in paragraph (3). (d) Considerations In developing each strategy required by subsection (a), the Secretary of the Army shall consider the following objectives and factors: (1) Objectives relating to protection, fleet operations, mission command, mobility, and the industrial base. (2) Technological advances that will increase efficiency of and reduce demand for tactical wheeled vehicles. (3) Technological advances that allow for the operation of tactical wheeled vehicles in a variety of climate and geographic conditions. (4) Existing commercial technologies such as vehicle electrification, autonomous capabilities, and predictive maintenance, among others. (5) The capabilities of autonomous equivalents to tactical wheeled vehicles. (e) Briefing requirements Not later than 15 days after each budget submission described in subsection (a), in conjunction with the submission of each strategy required by such subsection, the Secretary of the Army shall provide a briefing to the congressional defense committees that addresses the investment needed for each platform of tactical wheeled vehicle across the future-years defense program. 114. Extension and modification of annual updates to master plans and investment strategies for Army ammunition plants Section 2834(d) of the Military Construction Authorization Act for Fiscal Year 2022 (division B of Public Law 117–81 (1) in the matter preceding paragraph (1), by striking March 31, 2026 March 31, 2030 (2) by adding at the end the following new paragraph: (5) A description of any changes made to the master plan based upon current global events, including pandemics and armed conflicts. . 115. Report on acquisition strategies of the logistics augmentation program of the Army (a) In general Not later than 90 days after the date of the enactment of this Act, the Secretary of the Army, in conjunction with the Office of the Secretary of Defense and in coordination with the geographic combatant commanders, shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report reviewing the proposed recompete of the operational task orders of the geographic combatant commands under the contract for the logistics augmentation program of the Army that will expire in 2028 (commonly referred to as LOGCAP V (b) Elements The report required by subsection (a) shall include the following: (1) A business case analysis of the cost and operational benefit of recompeting the task orders described in subsection (a). (2) Input from stakeholders, including Army Sustainment Command, the geographic combatant commanders, and Army service component commanders, on the desirability and operational impacts of the proposed recompete described in subsection (a). (3) Detailed cost estimates and timelines, including projected transition costs and timelines for the task orders described in subsection (a). (4) An assessment of the potential impacts related to quality and timing of transitioning to the new logistics augmentation program (commonly referred to as LOGCAP VI (5) An analysis of recompeting the task orders described in subsection (a) compared to transitioning to LOGCAP VI. (6) An overview of potential innovations and efficiencies derived from a competition for LOGCAP VI. (7) An explanation of the benefit of recompeting the task orders described in subsection (a) compared to an open competition for LOGCAP VI. (8) A breakdown of additional authorities needed to move directly to LOGCAP VI. C Navy programs 121. Reduction in the minimum number of Navy carrier air wings and carrier air wing headquarters required to be maintained Section 8062(e) of title 10, United States Code, is amended— (1) in paragraph (1), by striking until the earlier of until the date on which additional operationally deployable aircraft carriers can fully support a 10th carrier air wing; (2) in paragraph (2), by striking the earlier of and (B) of the date referred to in 122. Extension of prohibition on availability of funds for Navy port waterborne security barriers Section 130(a) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 Public Law 117–263 through 2023 through 2024 123. Multiyear procurement authority for Virginia class submarine program (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 10 Virginia class submarines. (b) Authority for advance procurement and economic order quantity The Secretary of the Navy may enter into one or more contracts, beginning in fiscal year 2024, for advance procurement associated with the Virginia class submarines for which authorization to enter into a multiyear procurement contract is provided under subsection (a) and for equipment or subsystems associated with the Virginia class submarine program, including procurement of— (1) long lead time material; or (2) material or equipment 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 2025 is subject to the availability of appropriations or funds for that purpose for such later fiscal year. (d) Limitation on termination liability A contract for the construction of Virginia class submarines entered into under subsection (a) shall include a clause that limits the liability of the United States to the contractor for any termination of the contract. The maximum liability of the United States under the clause shall be the amount appropriated for the submarines covered by the contract regardless of the amount obligated under the contract. 124. Sense of Senate on procurement of outstanding F/A–18 Super Hornet platforms (a) Findings Congress finds that Congress appropriated funds for twelve F/A–18 Super Hornet platforms in fiscal year 2022 and eight F/A–18 Super Hornet platforms in fiscal year 2023, but the Navy has yet to enter into any contracts for the procurement of such platforms. (b) Sense of Senate It is the sense of the Senate that— (1) the Secretary of the Navy and the contractor team should expeditiously enter into contractual agreements to procure the twenty F/A–18 Super Hornet platforms for which funds have been appropriated; and (2) the Senate urges the Secretary of the Navy and the contractor team to comply with congressional intent and applicable law with appropriate expediency to bolster the Navy’s fleet of strike fighter aircraft and avoid further disruption to the defense industrial base. D Air Force programs 131. Limitations and minimum inventory requirement relating to RQ–4 aircraft Section 9062 of title 10, United States Code, is amended by adding at the end the following new subsection: (l) (1) During the period beginning on the date of the enactment of the National Defense Authorization Act for Fiscal Year 2024 (A) retire an RQ–4 aircraft; (B) reduce funding for unit personnel or weapon system sustainment activities for RQ–4 aircraft in a manner that presumes future congressional authority to divest such aircraft; (C) keep an RQ–4 aircraft in a status considered excess to the requirements of the possessing command and awaiting disposition instructions (commonly referred to as XJ (D) decrease the total aircraft inventory of RQ–4 aircraft below 10 aircraft. (2) The prohibition under paragraph (1) shall not apply to individual RQ–4 aircraft that the Secretary of the Air Force determines, on a case-by-case basis, to be no longer mission capable and uneconomical to repair because of aircraft accidents, mishaps, or excessive material degradation and non-airworthiness status of certain aircraft. . 132. Limitation on divestiture of T–1A training aircraft No divestiture of any T–1A training aircraft may occur until the Chief of Staff of the Air Force submits to the congressional defense committees a certification of— (1) the fleet-wide implementation of the Undergraduate Pilot Training 2.5 curriculum and the effect of such implementation on the undergraduate pilot training pipeline; and (2) how the divestiture would affect existing programs of the Air Force that accelerate pilot training. 133. Modification to minimum inventory requirement for A–10 aircraft (a) Fiscal year 2017 Section 134(d) of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 Public Law 117–263 153 A–10 aircraft 135 A–10 aircraft (b) Fiscal year 2016 Section 142(b)(2) of the National Defense Authorization Act for Fiscal Year 2016 ( Public Law 114–92 Public Law 117–263 153 A–10 aircraft 135 A–10 aircraft 134. Modification to minimum requirement for total primary mission aircraft inventory of Air Force fighter aircraft Section 9062(i)(1) of title 10, United States Code, is amended by striking 1,145 fighter aircraft 1,112 fighter aircraft 135. Modification of limitation on divestment of F–15 aircraft Section 150 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 ( Public Law 117–263 (1) in subsection (b)(1)— (A) in subparagraph (C)(ii), by striking ; and (B) in subparagraph (D), by striking the period at the end and inserting ; and (C) by adding at the end the following new subparagraph: (E) for each covered F–15 aircraft that the Secretary plans to divest, a description of— (i) the upgrades and modifications done to the aircraft, including the date of each modification and the value amount of each modification in current year dollars; and (ii) the estimated remaining service life of— (I) the aircraft; and (II) the onboard systems of the aircraft. ; and (2) by redesignating subsection (c) as subsection (d); and (3) by inserting after subsection (b) the following new subsection (c): (c) Updates Not later than October 1 of each year through October 1, 2028, the Secretary of the Air Force shall— (1) update the report required under subsection (b); and (2) submit such update to the congressional defense committees. . 136. Report on Air Force executive aircraft (a) In general Not later than January 1, 2025, the Secretary of the Air Force shall submit to the congressional defense committees a report that includes the following: (1) An overview of the total missions flown by executive aircraft of the Air Force during the five fiscal years preceding the fiscal year in which the report is submitted, disaggregated by fiscal year, including the mission types and Government agencies supported. (2) An identification of each mission flown by executive aircraft of the Air Force during the five fiscal years preceding the fiscal year in which the report is submitted, disaggregated by fiscal year, including the mission type, overall cost, average flight hour cost, and Government agency supported, disaggregated by wing and by type of aircraft. (3) The projected mission capacity for executive aircraft of the Air Force for the five fiscal years following the fiscal year in which the report is submitted, disaggregated by fiscal year, factoring in any planned changes to aircraft inventory. (4) A description of any anomalous conditions that may have impacted the availability, with respect to executive aircraft of the Air Force, of a specific aircraft type or wing during the five fiscal years preceding the fiscal year in which the report is submitted, such as unavailability of a specific aircraft type due to block upgrades or fleetwide maintenance issues. (5) A description of the impact of the capacity of executive aircraft of the Air Force on the overall capacity of the Department of Defense to meet demand for executive aircraft. (6) The total outlays of the Department of the Air Force for missions flown by executive aircraft of the Air Force, after factoring in reimbursements received from Government agencies supported, during the five fiscal years preceding the fiscal year in which the report is submitted, disaggregated by fiscal year and by account. (7) The projected budgets for the executive aircraft of the Air Force through the future years defense program. (8) A narrative description of how the Air Force plans and budgets for missions flown by executive aircraft. (9) Any other information the Secretary considers to be important. (b) Form The report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex for the purposes of describing classified missions supported by the executive aircraft of the Air Force. 137. Prohibition on certain reductions to inventory of E–3 airborne warning and control system aircraft (a) Prohibition None of the funds authorized to be appropriated by this Act for fiscal year 2024 for the Air Force may be obligated or expended to retire, prepare to retire, or place in storage or in backup aircraft inventory any E–3 aircraft if such actions would reduce the total aircraft inventory for such aircraft below 16. (b) Exception for plan If the Secretary of the Air Force submits to the congressional defense committees a plan for maintaining readiness and ensuring there is no lapse in mission capabilities, the prohibition under subsection (a) shall not apply to actions taken to reduce the total aircraft inventory for E–3 aircraft to below 16, beginning 30 days after the date on which the plan is so submitted. (c) Exception for E–7 procurement If the Secretary of the Air Force procures enough E–7 Wedgetail aircraft to accomplish the required mission load, the prohibition under subsection (a) shall not apply to actions taken to reduce the total aircraft inventory for E–3 aircraft to below 16 after the date on which such E–7 Wedgetail aircraft are delivered. E Defense-wide, joint, and multiservice matters 141. Pilot program to accelerate the procurement and fielding of innovative technologies Section 834(b) of the National Defense Authorization Act for Fiscal Year 2022 ( Public Law 117–81 10 U.S.C. 4061 (3) The Secretary of Defense may waive the priority established pursuant to paragraph (1) for up to two solicitations for proposals per fiscal year. . 142. Requirement to develop and implement policies to establish the datalink strategy of the Department of Defense (a) Policies required (1) In general The Secretary of Defense shall develop and implement policies to establish the unified datalink strategy of the Department of Defense (in this section referred to as the strategy (2) Elements The policies required by paragraph (1) shall include the following: (A) The designation of an organization that will act as the lead coordinator of datalink activities across the entire Department of Defense. (B) Prioritization and coordination across services of the strategy within the requirements generation process of the Department. (C) The use of a common standardized datalink network or transport protocol that ensures interoperability between independently developed datalinks, regardless of physical medium used, and ensures mesh routing. The Secretary of Defense shall consider the use of a subset of Internet Protocol. (D) A programmatic decoupling of the physical method used to transmit data, the network or transport protocols used in the transmission and reception of data, and the applications used to process and use data. (E) The coordination of weapon systems executing the same mission types across services of the strategy, including through the use of a common set of datalink waveforms. The Secretary shall evaluate the use of redundant datalinks for line-of-sight and beyond-line-of-sight information exchange for each weapon systems platform. (F) Coordination between the Department and the intelligence community (as defined in section 3 of the National Security Act of 1947 ( 50 U.S.C. 3003 (G) Methods to support the rapid integration of common datalinks across the force. (H) Support for modularity of specific datalink waveforms to enable rapid integration of future datalinks, including the use of software defined radios compliant with modular open system architecture and sensor open system architecture. (b) Information to Congress Not later than June 1, 2024, the Secretary of Defense shall provide to the congressional defense committees the following: (1) A briefing on the proposed policies required by subsection (a)(1), with timelines for implementation. (2) An estimated timeline of implementations of datalinks. (3) A list of any additional resources and authorities required to execute the strategy. (4) A determination of whether a common set of datalinks can and should be implemented across all major weapon systems within the Department of Defense. 143. Report on contract for cybersecurity capabilities and briefing (a) Report (1) In general Not later than 180 days after the date of the enactment of this Act, the Chief Information Officer of the Department of Defense shall submit to the congressional defense committees a report on the decision to exercise options on an existing contract to use cybersecurity capabilities to protect assets and networks across the Department of Defense. (2) Elements The report required by paragraph (1) shall include the following: (A) A description of the potential effects on innovation and competition among cybersecurity vendors of the decision to exercise the cybersecurity options on the contract described in paragraph (1). (B) A description of the risks and benefits associated with an integrated enterprise-wide cybersecurity solution from a single vendor. (C) A description of future plans of the Department of Defense to recompete the acquisition of integrated and interoperable cybersecurity tools and applications that would allow multiple vendors to compete separately and as teams. (D) A copy of the analysis conducted by the Director of Cost Assessment and Program Evaluation of the Department of the costs and effectiveness of the cybersecurity capabilities covered by the contract described in paragraph (1). (E) A copy of the analysis conducted by the Director of Operational Test and Evaluation of the Department of the effectiveness of the cybersecurity capabilities covered by the contract described in paragraph (1) compared to other commercially available products and vendors. (b) Briefing Not later than 60 days after the date of the enactment of this Act, the Chief Information Officer of the Department of Defense shall brief the congressional defense committees on the plans of the Department to ensure competition and interoperability in the security and identity and access management product market segments. II Research, development, test, and evaluation A Authorization of appropriations 201. Authorization of appropriations Funds are hereby authorized to be appropriated for fiscal year 2024 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. Updated guidance on planning for exportability features for future programs (a) Program guidance on planning for exportability features The Under Secretary of Defense for Acquisition and Sustainment shall ensure that program guidance is updated to integrate planning for exportability features called for by section 4067 of title 10, United States Code, for the following activities: (1) Major defense acquisition programs (MDAPs) (as defined in section 4201 of title 10, United States Code), which shall include in the initial cost estimates for the programs a requirement to capture potential exportability needs. (2) Middle tier acquisition (MTA) programs described in section 804(a) of the National Defense Authorization Act for Fiscal Year 2016 ( Public Law 114–92 10 U.S.C. 3201 (b) Revision of guidance for program protection plans The Under Secretary shall revise guidance for program protection plans to integrate a requirement to determine exportability for the programs covered by such plans. 212. Support to the Defence Innovation Accelerator for the North Atlantic (a) Authority To the extent and in such amounts as provided in appropriations Acts for the purposes set forth in this section, the Secretary of Defense may, acting through the Under Secretary of Defense for Research and Engineering, provide funds of not more than $15,000,000 per year to sustain the participation of the United States in the North Atlantic Treaty Organization (NATO) Defence Innovation Accelerator for the North Atlantic (DIANA) Initiative (in this section the Initiative (b) Notification (1) In general Not later than 15 days after the date on which the Secretary makes a decision to provide funds pursuant to subsection (a), the Under Secretary shall submit to the congressional defense committees a written notification of such decision. (2) Contents Notification submitted pursuant to paragraph (1) shall include the following: (A) A detailed breakout of the funding provided. (B) The intended purposes of such funds. (C) The timeframe covered by such funds. (c) Strategy (1) In general Not later than July 1, 2024, the Under Secretary shall submit to the congressional defense committees a strategy for participation by the United States in the Initiative. (2) Contents The strategy submitted pursuant to paragraph (1) shall include the following: (A) A description for how the Initiative fits into the innovation ecosystem for the North Atlantic Treaty Organization, as well as how it is synchronized with and will interact with other science, technology, and innovation activities within the Department of Defense. (B) Anticipated funding profile across the future years defense program (FYDP). (C) Identification of key technology focus areas to be addressed each year across the future years defense program. (D) Anticipated areas for expansion for key nodes or locations for the Initiative, including how the Initiative will contribute to fostering the spread of innovation throughout the United States. (d) Annual report Not later than February 1, 2024, and February 1 of each year thereafter through 2026, the Secretary shall submit to the congressional defense committees an annual report for Department supported activities of the Initiative, including the breakdown of funding provided for the previous fiscal year, and key milestones or achievements during that timeframe. (e) Sunset The authority provided by subsection (a) shall terminate on September 30, 2026. 213. Modification to personnel management authority to attract experts in science and engineering Section 4092(b) of title 10, United States code is amended— (1) in paragraph (1)(B), by striking of which not more than 5 such positions may be positions of administration or management of the Agency (2) in paragraph (4), by inserting , including, upon separation, pay the travel, transportation, and relocation expenses to return to the location of origin, at the time of the initial appointment, within the United States 214. Administration of the Advanced Sensors Application Program Section 218 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 ( Public Law 117–263 (1) in subsection (a)— (A) in paragraph (1), by striking The Commander of Naval Air Systems Command and the Director of Air Warfare shall jointly serve The Under Secretary of Defense for Intelligence and Security, acting through the Director of the Air Force Office of Concepts, Development, and Management Office, shall serve (B) in paragraph (2), by striking The resource sponsors of the Program shall be responsible The resource sponsor, in consultation with the Commander of Naval Air Systems Command, shall be responsible (2) in subsection (b), by striking Only the Secretary of the Navy, the Under Secretary of the Navy, and the Commander of Naval Air Systems Command may Only the Under Secretary of Defense for Intelligence and Security and the Director of the Air Force Concepts, Development, and Management Office, in consultation with the Commander of Naval Air Systems Command, may (3) in subsection (d)(3), by striking exercised by the Commander of Naval Air Systems Command, the Secretary of the Navy, or the Under Secretary of the Navy exercised by the Under Secretary of Defense for Intelligence and Security and the Director of the Air Force Concepts, Development, and Management Office 215. Delegation of responsibility for certain research programs Section 980(b) of title 10, United Stated Code, is amended— (1) by inserting (1) The Secretary (2) by adding to the end the following new paragraph: (2) The Secretary may delegate the authority provided by paragraph (1) to the Under Secretary of Defense for Research and Engineering. . 216. Program of standards and requirements for microelectronics (a) Program required The Secretary of Defense shall establish, not later than 180 days after the date of the enactment of this Act, a program within the National Security Agency to develop and continuously update, as the Secretary determines necessary, standards, commercial best practices, and requirements for the design, manufacture, packaging, test, and distribution of microelectronics acquired by the Department of Defense to provide acceptable levels of confidentiality, integrity, and availability for Department commercial-off-the-shelf (COTS) microelectronics, field programmable gate arrays (FPGAs), and custom integrated circuits (CICs). (b) Advice and assessment The Secretary shall ensure that the program established pursuant to subsection (a) is advised and assessed by the Government-Industry-Academia Working Group on Microelectronics established under section 220 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 ( Public Law 117–263 (c) Requirements The program established by subsection (a) shall develop— (1) evidence-based assurance processes and techniques that sustain, build on, automate, and scale up the results and accomplishments of the Rapid Assured Microelectronics Prototypes (RAMP), RAMP-Commercial (RAMP-C), and State-of-the-Art Heterogeneous Integrated Packaging (SHIP) programs to enhance the confidentiality, integrity, and availability of microelectronics while minimizing costs and impacts to commercial manufacturing practices; (2) validation methods for such processes and techniques, in coordination with the developmental and operational test and evaluation community, as the Secretary determines necessary; (3) threat models that comprehensively characterize the threat to microelectronics confidentiality, integrity, and availability across the entire supply chain, and the design, production, packaging, and deployment cycle to support risk management and risk mitigation, based on the principle of reducing risk to as low a level as reasonably practicable, including— (A) comparative risk assessments; and (B) balanced and practical investments in assurance based on risks and returns; (4) levels of assurance and associated requirements for the production and acquisition of commercial-off-the-shelf integrated circuits, integrated circuits subject to International Traffic in Arms Regulations (ITAR) under subchapter M of chapter I of title 22, Code of Federal Regulations, or successor regulations, and classified integrated circuits using commercial foundry manufacturing process flows; (5) guides for Federal Government program evaluators, program offices, and industry to meet microelectronics assurance requirements; and (6) guidance for the creation of a government organizational structure and plan to support the acquisition of fit-for-purpose microelectronics, including the role of the Defense Microelectronics Activity, the Crane Division of the Naval Surface Warfare Center, and the Joint Federated Assurance Center. (d) Microelectronics assurance standard The program established pursuant to subsection (a) shall establish a Department microelectronics assurance standard that includes an overarching assurance framework as well as the guides developed under subsection (c)(5), for commercial-off-the-shelf integrated circuits, integrated circuits subject to the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations, or successor regulations, and classified microelectronics developed under subsection (c)(4). (e) Microelectronics Assurance Executive Agent The Secretary shall designate one individual from a military department as the Microelectronics Assurance Executive Agent to assist Federal Government program offices in acquiring fit-for-purpose microelectronics. (f) Management of RAMP and SHIP programs Effective on the date of the establishment of the program required by subsection (a), such program shall assume management of the Rapid Assured Microelectronics Prototypes, Rapid Assured Microelectronics Prototypes-Commercial (RAMP-C), and State-of-the-Art Heterogeneous Integrated Packaging programs that were in effect on the day before the date of the enactment of this Act and executed by the Under Secretary of Defense for Research and Engineering. (g) Oversight The Under Secretary of Defense for Research and Engineering shall provide oversight of the planning and execution of the program required by subsection (a). (h) Requirements for contracting for application-specific integrated circuits The Secretary shall ensure that, for contracts for application-specific integrated circuits designed by defense industrial base contractors— (1) the use of evidence-based assurance processes and techniques are included in the contract data requirements list; (2) commercial best industry practices for confidentiality, integrity, and availability are used; (3) a library of certified third-party intellectual property is established for reuse, including reuse of transistor layouts, cells, and macrocells; (4) legal mechanisms are in place for data collection and sharing; and (5) automation technology is adopted to achieve efficiency. 217. Clarifying role of partnership intermediaries to promote defense research and education Section 4124(f)(2) of title 10, United States Code, is amended— (1) by striking that assists (A) assists ; (2) in subparagraph (A), as designated by paragraph (1), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following new subparagraphs: (B) facilitates technology transfer from industry or academic institutions to the Center; or (C) assists and facilitates workforce development in critical technology areas and technology transition to fulfill unmet needs of a Center. . 218. Competition for technology that detects and watermarks the use of generative artificial intelligence (a) Establishment (1) In general The Secretary of Defense shall establish and carry out a prize competition under section 4025 of title 10, United States Code, to evaluate technology, including applications, tools, and models, for the detection and watermarking of generative artificial intelligence (AI)— (A) to facilitate the research, development, testing, evaluation, and competition of secure generative artificial intelligence detection and watermark technologies that can support each Secretary of a military department and the commanders of combatant commands to support warfighting requirements; and (B) 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) Participation The participants in the competition carried out pursuant to paragraph (1) may include Federally-funded research and development centers (FFRDCs), the private sector, the defense industrial base, academia, government agencies, and such other participants as the Secretary considers appropriate. (3) Commencement The competition will begin within 270 days of passage of this Act. (4) Designation The competition established and carried out pursuant to paragraph (1) shall be known as the Generative AI Detection and Watermark Competition (b) Administration The Under Secretary of Defense for Research and Engineering shall administer the competition required by subsection (a). (c) Framework Not later than 120 days after the date of the enactment of this Act, the Secretary shall provide the congressional defense committees a briefing on the framework the Secretary will use to carry out the competition required by subsection (a). (d) Annual reports Not later than October 1 of each year until the termination of the competition established and carried out under subsection (a), the Secretary shall submit to the congressional defense committees a report on the results of the competition. (e) Definitions In this section: (1) The term detection (2) The term watermarking (f) Termination The competition established and carried out pursuant to subsection (a) shall terminate on December 31, 2025. C Plans, reports, and other matters 221. Department of Defense prize competitions for business systems modernization (a) In general Not later than September 30, 2028, the Secretary of Defense and the Secretaries of the military departments shall complete one or more prize competitions under section 4025 of title 10, United States Code, in order to support the business systems modernization goals of the Department of Defense. (b) Scope (1) In general Each prize competition carried out under subsection (a) shall be structured to complement, and to the degree practicable, accelerate delivery or expand functionality of business systems capabilities being pursued by the affected Secretary, either currently in operation, in development, or for broad classes of systems covered by the business enterprise architecture required by section 2222(e) of title 10, United States Code. (2) Areas for consideration In carrying out subsection (a), the Secretary of Defense and the Secretaries of the military departments shall each consider the following: (A) Integration of artificial intelligence or machine learning capabilities. (B) Data analytics or business intelligence, or related visualization capability. (C) Automated updating of business architectures, business systems integration, or documentation related to existing systems or manuals. (D) Improvements to interfaces or processes for interacting with other non-Department of Defense business systems. (E) Updates or replacements for legacy business systems to improve operational effectiveness and efficiency, such as the Mechanization of Contract Administration Services (MOCAS). (F) Contract writing systems or expanded capability that could be integrated into existing systems. (G) Pay and personnel systems, or expanded capability, that could be integrated into existing systems. (H) Other finance and accounting systems, or expanded capability, that could be integrated into existing systems. (I) Systems supporting industrial base and supply chain visibility, analytics, and management. 222. Update to plans and strategies for artificial intelligence (a) In general The Secretary of Defense shall, in consultation with the Deputy Secretary of Defense— (1) establish and document procedures, including timelines, for the periodic review of the 2018 Department of Defense Artificial Intelligence Strategy, or any successor strategy, and associated annexes of the military departments to assess the implementation of the strategy and whether any revision is necessary; (2) issue Department of Defense-wide guidance that defines outcomes of near-term and long-term strategies and plans relating to— (A) the adoption of artificial intelligence; (B) adoption and enforcement of policies on the ethical use of artificial intelligence systems; and (C) the identification and mitigation of bias in artificial intelligence algorithms; (3) issue Department-wide guidance regarding— (A) methods to monitor accountability for artificial intelligence-related activity, including artificial intelligence performance indicators and metrics; (B) means to enforce and update ethics policy and guidelines across all adopted artificial intelligence systems; and (C) means to identify, monitor, and mitigate bias in artificial intelligence algorithms; (4) develop a strategic plan for the development, use, and cybersecurity of generative artificial intelligence, including a policy for use of, and defense against adversarial use of, generative artificial intelligence; (5) assess technical workforce needs across the future years defense plan to support the continued development of artificial intelligence capabilities, including recruitment and retention policies and programs; (6) assess the availability and adequacy of the basic artificial intelligence training and education curricula available to the broader Department civilian workforce and military personnel to promote artificial intelligence literacy to the nontechnical workforce and senior leadership with responsibilities adjacent to artificial intelligence technical development; (7) develop and issue a timeline and guidance for the Chief Digital and Artificial Intelligence Officer of the Department and the Secretaries of the military departments to establish a common terminology for artificial intelligence-related activities; (8) develop and implement a plan to protect and secure the integrity, availability, and privacy of artificial intelligence systems and models, including large language models, data libraries, data repositories, and algorithms, in training, development, and production environments; (9) develop and implement a plan— (A) to identify commercially available and relevant large language models; and (B) to make those available, as appropriate, on classified networks; (10) develop a plan to defend the people, organizations, and systems of the Department against adversarial artificial intelligence, including identification of organizations within the Department that could provide red teams capabilities for operational and developmental needs; (11) develop and implement a policy for use by contracting officials to protect the intellectual property of commercial entities that provide their artificial intelligence algorithms to a Department repository established pursuant to section 232 of the National Defense Authorization Act for Fiscal Year 2022 ( Public Law 117–81 10 U.S.C. 4001 (12) issue guidance and directives for how the Chief Digital and Artificial Intelligence Officer of the Department will exercise authority to access, control, and maintain, on behalf of the Secretary, data collected, acquired, accessed, or utilized by Department components consistent with section 1513 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 ( Public Law 117–263 10 U.S.C. 4001 (13) clarify guidance on the instances for and role of human intervention and oversight in the exercise of artificial intelligence algorithms for use in the generation of offensive or lethal courses of action for tactical operations. (b) Due date for procedures, guidance, plans, assessment, and timelines (1) Due date The Secretary shall develop the procedures, guidance, plans, assessment, and timelines required under subsection (a) not later than 120 days after the date of enactment of this Act. (2) Briefing Not later than 150 days after the date of the enactment of this Act, the Secretary shall provide to the congressional defense committees a briefing on the procedures, guidance, plans, assessment, and timelines established, issued, carried out, or developed under subsection (a). 223. Western regional range complex demonstration (a) Demonstration required The Secretary shall carry out a demonstration of a joint multi-domain nonkinetic testing and training environment across military departments by interconnecting existing ranges and training sites in the western States to improve joint multi-domain nonkinetic training and further testing, research, and development. (b) Use of existing ranges and capabilities The demonstration carried out pursuant to subsection (a) shall use existing ranges and range capability, unless capability gaps are identified in the process of planning specific demonstration activities. (c) Activities The demonstration carried out pursuant to subsection (a) shall include the following: (1) Electromagnetic spectrum operations. (2) Electromagnetic warfare. (3) Operations in the information environment. (4) Joint All Domain Command and Control (JADC2). (5) Information warfare, including the following: (A) Intelligence, surveillance, and reconnaissance. (B) Offensive and defense cyber operations. (C) Electromagnetic warfare. (D) Space operations. (E) Psychological operations. (F) Public affairs. (G) Weather operations. (d) Timeline for completion of initial demonstration In carrying out subsection (a), the Secretary shall seek to complete an initial demonstration, interconnecting two or more ranges or testing sites of two or more military departments in the western States, subject to availability of appropriations, not later than one year after the date of the enactment of this Act. (e) Briefing Not later than 180 days after the date of the enactment of this Act, the Secretary shall provide the congressional defense committees a briefing on— (1) a phased implementation plan and design to connect ranges and testing sites in the western States, including the initial demonstration required by subsection (d); (2) how the design architecture of the plan is in alignment with recommendations of the 2020 Department of Defense Electromagnetic Spectrum Superiority Strategy; and (3) how the design architecture will support high-periodicity training, testing, research, and development. (f) Definition In this section: (1) Information environment The term information environment (2) Secretary The term Secretary (g) Termination This section shall terminate on September 30, 2028. 224. Report on feasibility and advisability of establishing a quantum computing innovation center (a) In general Not later than 1 year after the date of the enactment of this Act, the Secretary of Defense shall, in coordination with the Under Secretary of Defense for Research and Engineering and the Chief Digital and Artificial Intelligence Officer, submit to the congressional defense committees a report on the feasibility and advisability of establishing a quantum computing innovation center within the Department of Defense— (1) to identify and pursue the development of quantum computing applications to enhance military operations; (2) to harness the talent and skills of physicists and scientists within the Department to develop quantum computing applications; and (3) to coordinate and synchronize quantum computing research across the Department. (b) Elements The report required under subsection (a) shall include the following: (1) An assessment of the ongoing activities of the Department that are part of the National Quantum Initiative. (2) An evaluation of the plans of the Department to develop quantum computing, sensing, and networking applications. (3) The level of funding and resources invested by the Department to enable quantum military applications. (4) Any established metrics or performance indicators to track the progress of quantum technology developments. (5) The extent to which the Department is partnering with commercial entities engaging in quantum research and development. (6) An evaluation of any plans establishing how commercial advances in quantum technology can be leveraged for military operations. (7) An assessment of the maturity of United States competitor efforts to develop quantum applications for adversarial use. (8) An assessment of any processes to harmonize or coordinate activities across the Department to develop quantum computing applications. (9) An evaluation of any Department-issued policy guidance regarding quantum computing applications. (10) An evaluation of any Department plans to defend against adversarial use of quantum computing applications. 225. Briefing on the impediments to the transition of the Semantic Forensics program to operational use (a) In general Not later than 180 days after the date of the enactment of this Act, the Under Secretary of Defense for Research and Engineering shall, in consultation with the Office of General Counsel of the Department of Defense and the Director of the Defense Advanced Research Projects Agency, 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 impediments to the transition of the Semantic Forensics program to operational use. (b) Elements The briefing provided pursuant to subsection (a) shall include the following: (1) Identification of policy and legal challenges associated with the transition described in subsection (a) and implementation of the Semantic Forensics program, including with respect to the use and operational testing of publicly available information. (2) Identification of other Federal agencies with legal authorities that may be able to resolve the challenges identified pursuant to paragraph (1). (3) Recommendations for legislative or administrative action to mitigate the challenges identified pursuant to paragraph (1). 226. Annual report on Department of Defense hypersonic capability funding and investment (a) In general Not later than March 1 of fiscal year 2024 and March 1 of each of fiscal year thereafter through 2030, the Secretary of Defense shall submit to the congressional defense committees an annual report on funding and investments of the Department of Defense relating to hypersonic capabilities, including with respect to procurement, research, development, operations, and maintenance of offensive and defensive hypersonic weapons. (b) Requirements Each report submitted pursuant to subsection (a) shall— (1) include cost data on the vehicles, testing, hypersonic sensors, command and control architectures, infrastructure, testing infrastructure, software, workforce, training, ranges, integration costs, and such other items as the Secretary considers appropriate; (2) disaggregate information reported by offensive and defensive hypersonic capabilities; (3) for research relating to hypersonic capabilities, include the program element and the name of the entity that is conducting the research, a description of the purpose of the research, and any Uniform Resource Locators to weapon programs associated with the research; and (4) to the degree applicable, include all associated hypersonic program elements and line items. (c) Form Each report submitted pursuant to subsection (a) shall be submitted in unclassified form, but may include a classified annex. 227. Limitation on availability of funds for travel for office of Under Secretary of Defense for Personnel and Readiness pending a plan for modernizing Defense Travel System (a) Limitation Of the funds authorized to be appropriated by this Act for fiscal year 2024 for travel for the office of the Under Secretary of Defense for Personnel and Readiness, not more than 85 percent may be obligated or expended until the Secretary of Defense submits to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives supporting justification material underpinning the decision to cease current modernization efforts for the Defense Travel System (DTS), and a plan going forward for modernizing or replacing such system (b) Contents The justification material and plan described in subsection (a) shall include the following: (1) The documentation from the Milestone Decision Authority (MDA) justifying cancellation of the current modernization contract, including— (A) specific metrics used to make that determination; (B) a timeline for decisions leading to the final cancellation; (C) notification from the military departments when they were unable to make the desired usage rates using the current modernization prototype; (D) identification of system requirements for audit readiness, as well as interface needs for other enterprise resource planning systems, in the current modernization contract; and (E) alternatives considered prior to cancellation. (2) An assessment by the Cost Assessment of Program Evaluation office comparing— (A) costs of continuing with the current modernization prototype across the future years defense plan (FYDP); and (B) costs of sustainment of the Defense Travel System across the future years defense plan, factoring potential costs of restarting modernization efforts. (3) A description from the Milestone Decision Authority on what the current plan is for modernizing the Defense Travel System, including timelines and potential costs. 228. Annual report on unfunded priorities for research, development, test, and evaluation activities (a) In general Chapter 9 section 222d 222e. Unfunded priorities for research, development, test, and evaluation activities (a) Annual report Not later than 10 days after the date on which the budget of the President for a fiscal year is submitted to Congress pursuant to section 1105 of title 31, the Secretary of Defense shall submit to the congressional defense committees a report on the unfunded priorities of the Department of Defense-wide research, development, test, and evaluation activities. (b) Contents (1) In general Except as provided in subsection (c), each report submitted under subsection (a) shall specify, for each unfunded priority covered by such report, the following: (A) A summary description of such priority, including the objectives to be achieved if such priority is funded (whether in whole or in part). (B) The additional amount of funds recommended in connection with the objectives under subparagraph (A). (C) Account information with respect to such priority, including the following (as applicable): (i) Line Item Number (LIN) for applicable procurement accounts. (ii) Program Element (PE) number for applicable research, development, test, and evaluation accounts. (2) Prioritization of priorities The report under subsection (a) shall present the unfunded priorities covered by such report in order of urgency of priority. (c) Exclusion of priorities covered in other reports The report submitted under subsection (a) shall not include unfunded priorities or requirements covered in reports submitted under— (1) section 222a or 222b; or (2) section 2806 of the National Defense Authorization Act for Fiscal Year 2018 ( Public Law 115–91 10 U.S.C. 222a (d) Form Each report submitted pursuant to subsection (a) shall be submitted in classified format, but the Secretary may also submit an unclassified version as the Secretary considers appropriate. (e) Unfunded priority defined In this section, the term unfunded priority (1) is not funded in the budget of the President for the fiscal year as submitted to Congress pursuant to section 1105 of title 31; and (2) would have been recommended for funding through that budget if— (A) additional resources had been available for the budget to fund the program, activity, or mission requirement; or (B) the program, activity, or mission requirement has emerged since the budget was formulated. . (b) Clerical amendment The table of sections at the beginning of chapter 9 of such title is amended by inserting after the item relating to section 222d the following new item: 222e. Annual report on unfunded priorities for research, development, test, and evaluation activities. . 229. Establishment of technology transition program for strategic nuclear deterrence (a) In general The Commander of Air Force Global Strike Command may, through the use of a partnership intermediary, establish a program— (1) to carry out technology transition, digital engineering projects, and other innovation activities supporting the Air Force nuclear enterprise; and (2) to discover capabilities that have the potential to generate life-cycle cost savings and provide data-driven approaches to resource allocation. (b) Termination The program established under subsection (a) shall terminate on September 30, 2029. (c) Partnership intermediary defined The term partnership intermediary 15 U.S.C. 3715(c) 230. Review of artificial intelligence investment (a) In general Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall— (1) review the current investment into applications of artificial intelligence to the platforms, processes, and operations of the Department of Defense; and (2) categorize the types of artificial intelligence investments by categories including but not limited to the following: (A) Automation. (B) Machine learning. (C) Autonomy. (D) Robotics. (E) Deep learning and neural network. (F) Natural language processing. (b) Report to Congress Not later than 120 days after the completion of the review and categorization required by subsection (a), the Secretary of Defense shall submit to the congressional defense committees a report on— (1) the findings of the Secretary with respect to the review and any action taken or proposed to be taken by the Secretary to address such findings; and (2) an evaluation of how the findings of the Secretary align with stated strategies of the Department of Defense with regard to artificial intelligence and performance objectives established in the Department of Defense Data, Analytics, and Artificial Intelligence Adoption Strategy. III Operation and Maintenance A Authorization of Appropriations 301. Authorization of appropriations Funds are hereby authorized to be appropriated for fiscal year 2024 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. Requirement for approval by Under Secretary of Defense for Acquisition and Sustainment of any waiver for a system that does not meet fuel efficiency key performance parameter Section 332(b) of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 ( Public Law 110–417 10 U.S.C. 2911 (1) by striking The Secretary of Defense (1) In general The Secretary of Defense ; and (2) by adding at the end the following new paragraph: (2) Waiver of fuel efficiency key performance parameter (A) In general The fuel efficiency key performance parameter implemented under paragraph (1) may be waived for a system only if such waiver is approved by the Under Secretary of Defense for Acquisition and Sustainment. (B) Nondelegation The waiver authority under subparagraph (A) may not be delegated. . 312. Improvement and codification of Sentinel Landscapes Partnership program authority (a) Codification of existing statute Section 317 of the National Defense Authorization Act for Fiscal Year 2018 ( Public Law 115–91 10 U.S.C. 2684a (1) by transferring such section to appear after section 2692 of title 10, United States Code; (2) by redesignating such section as section 2693; and (3) by amending the section heading to read as follows: 2693. Sentinel Landscapes Partnership . (b) Improvements to Sentinel Landscapes Partnership program Section 2693 of title 10, United States Code, as transferred and redesignated by subsection (a), is further amended— (1) in subsection (a), by striking and the Secretary of the Interior , the Secretary of the Interior, and the heads of other Federal departments and agencies that elect to become full partners (2) in subsection (b), by striking and the Secretary of the Interior, may, as the Secretaries the Secretary of the Interior, and the heads of other Federal departments and agencies that elect to become full partners may, as they (3) by amending subsection (c) to read as follows: (c) Coordination of activities The Secretaries and the heads of Federal departments and agencies, in carrying out this section, may coordinate actions between their departments and agencies and with other Federal, State, interstate, and local agencies, Indian Tribes, and private entities to more efficiently work together for the mutual benefit of conservation, resilience, working lands, and national defense, and to encourage owners and managers of land to engage in voluntary land management, resilience, and conservation activities that contribute to the sustainment of military installations, State-owned National Guard installations, and associated airspace. ; (4) in subsection (d)— (A) by striking the first sentence and inserting The Secretaries and the heads of Federal departments and agencies, in carrying out this section, may give to any eligible owner or manager of land within a designated sentinel landscape priority consideration for participation in any easement, grant, or assistance programs administered by that Secretary or head. (B) in the second sentence, by striking eligible landowner or agricultural producer eligible owner or manager of land (5) by redesignating subsection (f) as subsection (g); (6) by inserting after subsection (e) the following new subsection (f): (f) Rule of construction Nothing in this section may be construed to require an owner or manager of land, including a private landowner or agricultural producer, to participate in any land management, resilience, or conservation activity under this section. ; (7) in subsection (g), as redesigned by paragraph (5)— (A) in paragraph (1), by striking section 670(1) of title 16, United States Code section 100(1) of the Sikes Act ( 16 U.S.C. 670(1) (B) in paragraph (2), by striking section 670(3) of title 16, United States Code section 100(3) of the Sikes Act ( 16 U.S.C. 670(3) (C) in paragraph (3), by amending subparagraph (B) to read as follows: (B) the publicly and privately owned lands that serve to protect and support the rural economy, the natural environment, outdoor recreation, and the national defense missions of a military installation or State-owned National Guard installation. . (c) Clerical amendment The table of sections at the beginning of chapter 159 section 2692 2693. Sentinel Landscapes Partnership. . 313. Modification of definition of sustainable aviation fuel for purpose of pilot program on use of such fuel Section 324(g) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 ( Public Law 117–263 (1) by striking paragraph (2); (2) by redesignating paragraph (1) as paragraph (2); (3) by inserting before paragraph (2), as redesignated by paragraph (2) of this section, the following new paragraph: (1) The term applicable material (A) monoglycerides, diglycerides, and triglycerides; (B) free fatty acids; or (C) fatty acid esters. ; and (4) by adding at the end the following new paragraphs: (3) The term biomass section 45K(c)(3) (4) The term lifecycle greenhouse gas emissions reduction percentage (A) the most recent Carbon Offsetting and Reduction Scheme for International Aviation that has been adopted, as of the date of the enactment of the National Defense Authorization Act for Fiscal Year 2024 (B) the most recent determinations, as of the date of the enactment of the National Defense Authorization Act for Fiscal Year 2024 (5) The term sustainable aviation fuel (A) meets the requirements of— (i) ASTM International Standard D7566; or (ii) the Fischer Tropsch provisions of ASTM International Standard D1655, Annex A1; (B) is not derived from coprocessing an applicable material (or materials derived from an applicable material) with a feedstock that is not biomass; (C) is not derived from palm fatty acid distillates or petroleum; and (D) has been certified pursuant to a scheme or model under paragraph (4) as having a lifecycle greenhouse gas emissions reduction percentage of not less than 50 percent. . 314. Payment to Environmental Protection Agency of stipulated penalties in connection with Naval Air Station Moffett Field, California (a) Authority to transfer funds (1) Transfer amount (A) In general The Secretary of the Navy may transfer an amount not to exceed $438,250 to the Hazardous Substance Superfund established under section 9507 (B) Inapplicability of limitation Any transfer under subparagraph (A) shall be made without regard to section 2215 of title 10, United States Code. (2) Source of funds Any transfer under paragraph (1)(A) shall be made using funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2024 for the Department of Defense Base Closure Account established under section 2906(a) of the Defense Base Closure and Realignment Act of 1990 ( Public Law 101–510 10 U.S.C. 2687 (b) Purpose of transfer Any transfer under subsection (a)(1)(A) shall be for the purpose of satisfying a stipulated penalty assessed by the Environmental Protection Agency on May 4, 2018, regarding former Naval Air Station, Moffett Field, California, under the Federal Facility Agreement for Naval Air Station, Moffett Field, which was entered into between the Navy and the Environmental Protection Agency in 1990 pursuant to section 120 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9620 (c) Acceptance of payment If the Secretary of the Navy makes a transfer under subsection (a)(1)(A), the Administrator of the Environmental Protection Agency shall accept the amount transferred as payment in full of the penalty described in subsection (b). 315. Technical assistance for communities and individuals potentially affected by releases at current and former Department of Defense facilities (a) Technical assistance for navigation of response actions (1) In general Beginning not later than 180 days after the date of the enactment of this Act, and subject to such amounts as are provided in appropriations Acts, the Secretary of Defense, acting through the Director of the Office of Local Defense Community Cooperation, shall furnish technical assistance services described in paragraph (3) through the Technical Assistance for Public Participation (TAPP) Program of the Department of Defense to communities, or individuals who are members thereof, that have been affected by a release of a pollutant affirmatively determined to have originated from a facility under the jurisdiction of, or formerly used by or under the jurisdiction of, the Department. (2) Implementation The Secretary, acting through the Director of the Office of Local Defense Community Cooperation, may furnish technical assistance services pursuant to paragraph (1) through a Federal interagency agreement, a private service provider, or a cooperative agreement entered into with a nonprofit organization. (3) Services provided The technical assistance services described in this paragraph are services to improve public participation in, or assist in the navigation of, environmental response efforts, including— (A) the provision of advice and guidance to a community or individual specified in paragraph (1) regarding additional technical assistance with respect to which such community or individual may be eligible (including pursuant to subsection (b)); (B) the interpretation of site-related documents; (C) the interpretation of health-related information; (D) assistance with the preparation of public comments; and (E) the development of outreach materials to improve public participation. (b) Grants for technical assistance (1) Authority Beginning not later than 180 days after the date of the enactment of this Act, and subject to such amounts as are provided in appropriations Acts, the Secretary of Defense, acting through the Director of the Office of Local Defense Community Cooperation, shall administer a grant program under which the Director may award a grant to a community, or individuals who are members thereof, that have been affected by a release of a pollutant affirmatively determined to have originated from a facility under the jurisdiction of, or formerly used by or under the jurisdiction of, the Department of Defense. (2) Use of amounts Funds provided under a grant awarded pursuant to paragraph (1) in connection with a release of a pollutant at a facility may be used by the grant recipient only to obtain technical assistance and services for public participation in various stages of the processes of response, remediation, and removal actions at the facility, including— (A) interpreting the nature of the release, including monitoring and testing plans and reports associated with site assessment and characterization at the facility; (B) interpreting documents, plans, proposed actions, and final decisions related to— (i) an interim remedial action; (ii) a remedial investigation or feasibility study; (iii) a record of decision; (iv) a remedial design; (v) the selection and construction of remedial action; (vi) operation and maintenance; and (vii) a five-year review at the facility. (C) a removal action at such facility; and (D) services specified under subsection (a)(3). (c) Prohibition on use of amounts None of the amounts made available under this section may be used for the purpose of conducting— (1) lobbying activities; or (2) legal challenges of final decisions of the Department of Defense. C Treatment of Perfluoroalkyl Substances and Polyfluoroalkyl Substances 321. Treatment of certain materials contaminated with perfluoroalkyl substances or polyfluoroalkyl substances (a) In general The Secretary of Defense may treat covered materials, including soils that have been contaminated with PFAS, until the date on which the Secretary adopts the final rule required under section 343(b) of the National Defense Authorization Act for Fiscal Year 2022 ( Public Law 117–81 10 U.S.C. 2701 (b) Definitions In this section, the terms covered material PFAS Public Law 117–81 10 U.S.C. 2701 322. 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 Public Law 115–232 Public Law 116–92 Public Law 116–283 Public Law 117–81 Public Law 117–263 (iv) Without regard to section 2215 of title 10, United States Code, the Secretary of Defense may transfer not more than $5,000,000 during fiscal year 2024 to the Secretary of Health and Human Services to pay for the study and assessment required by this section. . 323. Modification of authority for environmental restoration projects at National Guard facilities (a) Clarification of definition of National Guard facilities Paragraph (4) of section 2700 of title 10, United States Code, is amended— (1) by striking State-owned (2) by striking owned and operated by a State when such land is (3) by striking even though such land is not under the jurisdiction of the Department of Defense. without regard to— (A) the owner or operator of the facility; or (B) whether the facility is under the jurisdiction of the Department of Defense or a military department. . (b) Inclusion under Defense Environmental Restoration Program Section 2701(a)(1) of such title is amended by striking State-owned (c) Response actions at National Guard facilities Section 2701(c)(1)(D) of such title is amended by striking State-owned (d) Services of other entities Section 2701(d)(1) of such title is amended, in the second sentence, by inserting or at a National Guard facility (e) Environmental restoration accounts Section 2703(g)(1) of such title is amended by inserting , a National Guard facility, Department of Defense (f) Technical and conforming amendments (1) Repeal Section 2707 of such title is amended by striking subsection (e). (2) Reference update Section 345(f)(1) of the National Defense Authorization Act for Fiscal Year 2022 ( Public Law 117–81 10 U.S.C. 2715 facility where military activities are conducted by the National Guard of a State pursuant to section 2707(e) of title 10, United States Code National Guard facility, as such term is defined in section 2700 of title 10, United States Code 324. Limitation on availability of travel funds until submittal of plan for restoring data sharing on testing of water for perfluoroalkyl or polyfluoroalkyl substances (a) In general Of the funds authorized to be appropriated by this Act for operation and maintenance, defense-wide, for travel for the Office of the Under Secretary of Defense for Acquisition and Sustainment, not more than 85 percent may be obligated or expended until the Under Secretary of Defense for Acquisition and Sustainment submits to the congressional defense committees a plan to restore data sharing pertaining to the testing of water for perfluoroalkyl or polyfluoroalkyl substances, as required under section 345 of the National Defense Authorization Act for Fiscal Year 2022 ( Public Law 117–81 10 U.S.C. 2715 (1) A plan to restore data sharing with each relevant State agency tasked with regulation of environmental contamination by perfluoroalkyl or polyfluoroalkyl substances in each State or territory of the United States. (2) A plan to restore data sharing with restoration advisory boards established under section 2705(d) of title 10, United States Code. (3) Information on the geographic specificity of the data to be provided under paragraphs (1) and (2) and a timeline for the implementation of the plans under such paragraphs. (b) Inability to meet transparency requirements If the Under Secretary of Defense for Acquisition and Sustainment determines that they are unable to meet the requirements under subsection (a), the Under Secretary shall brief the congressional defense committees on the rationale for why the restoration of data sharing required under such subsection is not possible, including a description of any legislative action required to restore such data sharing. 325. Dashboard of funding relating to perfluoroalkyl substances and polyfluoroalkyl substances The Secretary of Defense shall include 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, a separate budget justification document that consolidates all information pertaining to activities of the Department of Defense relating to perfluoroalkyl substances and polyfluoroalkyl substances, including funding for and descriptions of— (1) research and development efforts; (2) testing; (3) remediation; (4) contaminant disposal; and (5) community outreach. 326. Report on schedule and cost estimates for completion of testing and remediation of contaminated sites and publication of cleanup information (a) Report (1) In general Not later than 270 days after the date of the enactment of this Act, and once every two years thereafter through December 31, 2029, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report detailing— (A) a proposed schedule for the completion of testing and remediation activities, including remediation of perfluoroalkyl substances and polyfluoroalkyl substances, at military installations, facilities of the National Guard, and formerly used defense sites in the United States where the Secretary obligated funding for environmental restoration activities in fiscal year 2022; (B) detailed cost estimates to complete such activities, if such estimates are available; and (C) if such estimates are not available, estimated costs to complete such activities based on historical costs of remediation for— (i) sites remediated under the Defense Environmental Restoration Program under section 2701 of title 10, United States Code; (ii) other Federally-funded sites; or (iii) privately-funded sites. (2) Inclusion of remedial investigations and feasibility studies The schedule and cost estimates required under paragraph (1) shall include a schedule and estimated costs for the completion of remedial investigations and feasibility studies at all sites covered under such paragraph for which such investigations and studies are anticipated or planned. (3) Military installation defined In this subsection, the term military installation (b) Publication of information Beginning not later than one year after the date of the enactment of this Act, the 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 327. Modification of timing of report on activities of PFAS Task Force Section 2714(f) of title 10, United States Code, is amended by striking and quarterly thereafter, and annually thereafter through 2029, 328. Government Accountability Office report on testing and remediation of perfluoroalkyl substances and polyfluoroalkyl substances Not later than one year after the date of the enactment of this Act, and not later than five years thereafter, the Comptroller General of the United States shall submit to the congressional defense committees a report assessing the state of ongoing testing and remediation by the Department of Defense of current or former military installations contaminated with perfluoroalkyl substances or polyfluoroalkyl substances, including— (1) assessments of the thoroughness, pace, and cost-effectiveness of efforts of the Department to conduct testing and remediation relating to those substances; (2) recommendations to improve those efforts; and (3) such other matters as the Comptroller General determines appropriate. D Logistics and Sustainment 331. Assuring Critical Infrastructure Support for Military Contingencies Pilot Program (a) Establishment of pilot program Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall establish a pilot program to be known as the Assuring Critical Infrastructure Support for Military Contingencies Pilot Program (b) Selection of installations (1) In general Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense, acting through the Assistant Secretary of Defense for Homeland Defense and Hemispheric Affairs, shall select not fewer than four geographically diverse military installations at which to carry out the pilot program under subsection (a). (2) Prioritization (A) In general In selecting military installations under paragraph (1), the Secretary of Defense shall give priority to any military installation that is a key component of not fewer than two Contingency Plans (CONPLANs) or Operational Plans (OPLANs), with priority given to such plans in the area of responsibility of the United States Indo-Pacific Command or the United States European Command. (B) Additional priority If two or more military installations are given equal priority under subparagraph (A), priority for selection under paragraph (1) shall be given to the military installations that are— (i) connected to national-level infrastructure; (ii) located near a commercial port; or (iii) located near a national financial hub. (c) Activities In carrying out the pilot program under subsection (a), the Secretary of Defense, acting through the Assistant Secretary of Defense for Homeland Defense and Hemispheric Affairs, shall— (1) without duplicating or disrupting existing cyber exercise activities under the National Cyber Exercise Program under section 2220B of the Homeland Security Act of 2002 ( 6 U.S.C. 665h (A) to assess how to prioritize restoration of power, water, and telecommunications for a military installation in the event of a significant cyberattack on regional critical infrastructure that has similar impacts on State and local infrastructure; and (B) to determine the recovery process needed to ensure the military installation can function and support an overseas contingency operation or a homeland defense mission, as appropriate; (2) map dependencies of power, water, and telecommunications at the military installation and the connections to distribution and generation outside the military installation; (3) recommend priorities for the order of recovery for the military installation in the event of a significant cyberattack, considering both the requirements needed for operations of the military installation and the potential participation of personnel at the military installation in an overseas contingency operation or a homeland defense mission; and (4) create a lessons-learned database from the exercises conducted under paragraph (1) across all installations participating in the pilot program to share with the appropriate committees of Congress. (d) Coordination with related programs The Secretary of Defense, acting through the Assistant Secretary of Defense for Homeland Defense and Hemispheric Affairs, shall ensure that activities under subsection (c) are coordinated with— (1) private entities that operate power, water, and telecommunications for a military installation participating in the pilot program under subsection (a); (2) relevant military and civilian personnel; and (3) any other entity that the Assistant Secretary of Defense for Homeland Defense and Hemispheric Affairs determines is relevant to the execution of activities under subsection (c). (e) Report Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the Assistant to the President for Homeland Security, the National Cyber Director, the head of any other relevant Sector Risk Management Agency, the Committees on Armed Services of the Senate and the House of Representatives, and, if appropriate, relevant private sector owners and operators of critical infrastructure a report on the activities carried out under pilot program under subsection (a), including a description of any operational challenges identified. (f) Definitions In this section: (1) Critical infrastructure The term critical infrastructure 42 U.S.C. 5195c (2) Sector Risk Management Agency The term Sector Risk Management Agency 6 U.S.C. 650 332. Strategy and assessment on use of automation and artificial intelligence for shipyard optimization (a) Strategy The Secretary of Navy, in coordination with the Shipyard Infrastructure Optimization Program, shall develop and implement a strategy to leverage commercial best practices used in shipyards to make operations more efficient and demonstrate a digital maintenance artificial intelligence platform that analyzes data on the maintenance and health of shipboard assets of the Navy at shipyards, which shall improve readiness of the Armed Forces, predict and diagnose issues before they occur, and lower maintenance costs. (b) Assessment The Secretary of Navy shall assess the costs of maintenance delays on shipboard assets of the Navy and assess the potential cost savings of adopting artificial intelligence predictive maintenance technology techniques that help determine the condition of in-service equipment to estimate when maintenance should be performed rather than waiting until failure or end of life, including— (1) an analysis of maintenance delays and costs due to unplanned and unpredicted maintenance issues; (2) an evaluation of opportunities to demonstrate commercial best practices at shipyards, including artificial intelligence technologies to ensure timely predictions for maintainers and planners at shipyards by connecting datasets, executing models, and providing outputs in near real-time; (3) an identification of shipyard assets of the Navy with sufficient data available to enable near-term demonstrations of artificial intelligence predictive maintenance and an estimate of resources needed within the Navy to accelerate the demonstration of predictive artificial intelligence capabilities with respect to those assets; and (4) an identification of any policy or technical challenges to implementing artificial intelligence or machine learning for purposes of carrying out the Shipyard Infrastructure Optimization Program. (c) Briefing to committee Not later than 180 days after the date of the enactment of this Act, the Secretary of Navy shall provide to the congressional defense committees a briefing on— (1) the strategy developed by the Secretary under subsection (a); (2) the results of the assessment under subsection (b); and (3) a plan to execute any measures pursuant to such assessment. E Briefings and Reports 341. Critical infrastructure conditions at military installations (a) Plan Not later than one year after the date of the enactment of this Act, the Secretary of Defense, in coordination with the head of each military department, shall submit to the Committees on Armed Services of the Senate and the House of Representatives a plan to implement a standardized system to measure and report on the condition and performance of, level of investment in, and any applicable risks to critical infrastructure systems owned by the Federal Government that— (1) have not been privatized pursuant to a conveyance under section 2688 of title 10, United States Code; and (2) are located on a military installation. (b) Report (1) In general Beginning on February 1 of the year immediately following the date on which the plan under subsection (a) is submitted, and annually thereafter, the Secretary of Defense, in coordination with the head of each military department, shall submit to the Committees on Armed Services of the Senate and the House of Representatives a consolidated report on the condition of critical infrastructure systems owned by the Federal Government at military installations. (2) Elements Each report required by paragraph (1) shall include the following: (A) Installation-level critical infrastructure system data for each critical infrastructure system owned by the Federal Government located at a military installation that includes the following for each such system: (i) All instances of noncompliance with any applicable Federal or State law (including regulations) with which the system has been required to comply during the preceding five-year period, including information on any prior or current consent order or equivalent compliance agreement with any regulatory agency. (ii) The year of original installation of major critical infrastructure system components, including treatment facilities, pump stations, and storage tanks. (iii) The average age of distribution system piping and wiring. (iv) The rate of system recapitalization, represented as an annual percentage replacement rate of all critical infrastructure system assets. (v) The percentage of key system operational components inspected, and determined through actual testing to be fully operational, during the preceding one-year period, including fire hydrants, valves, and backflow preventors. (vi) The absolute number, and a normalized measure for comparative purposes, of all unplanned system outages during the preceding one-year period. (vii) The absolute duration, and a normalized measure for comparative purposes, of all unplanned system outages during the preceding one-year period. (viii) The absolute number, and a normalized measure for comparative purposes, of all critical infrastructure system main breaks and leaks during the preceding one-year period. (B) A standardized risk assessment for each military installation, identifying the current and projected level of risk related to the following: (i) The ability to maintain compliance with all current and known future regulatory agency regulations and standards and all applicable regulations and policies of the Department of Defense and the military departments related to critical infrastructure, and the ability to operate systems in accordance with accepted industry standards. (ii) The ability to maintain a consistent and compliant supply of water for current and projected future installation needs based on current and projected source water availability and quality, including an assessment of source water contamination risks. (iii) The ability to withstand severe weather events, including drought, flooding, and temperature fluctuations. (iv) The ability for utility industrial controls systems to maintain compliance with current and future cybersecurity standards and regulations. 342. Report on establishing sufficient stabling, pasture, and training area for the Old Guard Caisson Platoon equines (a) In general Not later than March 1, 2024, the Secretary of the Army shall submit to the congressional defense committees a report containing the results of a study to address the feasibility and advisability of establishing sufficient stabling, pasture, and training area for the equines in the Caisson Platoon of the 3rd United States Infantry (commonly known as the Old Guard (b) Inclusion of recommendations The report required under subsection (a) shall include— (1) any recommendations determined necessary and appropriate by the Secretary— (A) to implement the plan required under section 391(b) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 ( Public Law 117–263 (B) to ensure proper animal facility sanitation for the equines in the Caisson Platoon of the 3rd United States Infantry; and (2) plans for the housing and care of such equines. (c) Locations (1) Review of military construction authorization The report required under subsection (a) shall include a review of all physical locations under consideration as stabling, pasture, or training area described in such subsection for any withdrawals or projects that would require individual military construction authorization. (2) Consideration In considering locations for stabling, pasture, or training area under subsection (a), the Secretary of the Army shall consider all viable options within a reasonable distance to Arlington National Cemetery. (d) Elements The report required under subsection (a) shall include, for each location under consideration as stabling, pasture, or training area described in such subsection— (1) a brief environmental assessment of the location; (2) estimated costs for preparing the location for construction; (3) a narrative of how the location will be beneficial and conducive the health of the equines in the Caisson Platoon of the 3rd United States Infantry; (4) a narrative of how, if necessary, the location can be expanded; and (5) a narrative of how the location will affect community access to outdoor recreation. 343. Quarterly briefings on operational status of amphibious warship fleet of Department of the Navy (a) In general Not later than October 1, 2023, and quarterly thereafter until September 30, 2024, the Secretary of the Navy shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the operational status of the amphibious warship fleet of the Department of the Navy. (b) Elements Each briefing under subsection (a) shall include, with respect to each amphibious warship, the following: (1) Average quarterly Operational Availability (AO). (2) Number of days underway as follows: (A) Training for the purpose of supporting Mission Essential Tasks (in this section referred to as MET (B) Deployed, which shall not include scheduled or unscheduled in port maintenance. (3) Expected completion date for in-work and scheduled and unscheduled maintenance. (4) An update on any delays in completion of scheduled and unscheduled maintenance and casualty reports impacting the following: (A) Scheduled unit level well-deck and flight-deck operations training of the Marine Corps. (B) MET certifications of the Marine Corps, including mobility, communications, amphibious well-deck operations, aviation operations, and warfare training. (C) Composition and deployment dates of scheduled and deployed Amphibious Ready Groups and Marine Expeditionary Units. (c) Definitions In this section: (1) Amphibious warship The term amphibious warship (2) Amphibious Ready Group; Marine Expeditionary Unit The terms Amphibious Ready Group Marine Expeditionary Unit (A) three amphibious assault ships (general purpose) (LHA) or amphibious assault ships (multi-purpose) (LHD); and (B) one amphibious transport dock (LPD) Flight I. 344. Briefing on plan for maintaining proficiency in emergency movement of munitions in Joint Region Marianas, Guam Not later than 90 days after the date of the enactment of this Act, the Secretary of the Navy and the Secretary of the Air Force shall brief the congressional defense committees on a plan for maintaining the proficiency of the Navy and the Air Force, respectively, in executing the emergency movement of munitions stored in weapons storage areas in Joint Region Marianas, Guam, onto aircraft and naval vessels, including plans to regularly exercise such capabilities. F Other Matters 351. 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 2024— (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) in coordination with the Commander of the United States Special Operations Command, to provide such support, as necessary, for the continued operation of such school. 352. Restriction on retirement of U–28 Aircraft None of the funds authorized to be appropriated by this Act may be used to retire U–28 aircraft until the Secretary of Defense certifies to the congressional defense committees that the future-years defense program submitted to Congress under section 221 of title 10, United States Code, with respect to the United States Special Operations Command provides for intelligence, surveillance, and reconnaissance capacity and capability that is equal to or greater than such capacity and capability provided by the current fleet of U–28 aircraft for such Command. 353. Tribal liaisons (a) In general The Secretary of Defense shall ensure that each installation of the Department of Defense that has an Indian Tribe, Native Hawaiian organization, or Tribal interests in the area surrounding the installation, including if an Indian Tribe or Native Hawaiian organization is historically or culturally affiliated with the land or water managed or directly impacted by the installation, has a dedicated Tribal liaison located at the installation. (b) Definitions In this section: (1) Indian Tribe The term Indian Tribe 25 U.S.C. 5304(e) (2) Native Hawaiian organization The term Native Hawaiian organization 20 U.S.C. 7517 354. Limitation on use of funds to expand leased facilities for the Joint Military Information Support Operations Web Operations Center None of the amounts authorized by this Act for operation and maintenance, Defense-wide to expand leased facilities for the Joint Military Information Support Operations Web Operations Center may be obligated or expended until the Secretary of Defense, acting through the Assistant Secretary of Defense for Special Operations and Low-Intensity Conflict and the Commander of the United States Special Operations Command, submits to the congressional defense committees a validated manpower study for such center that includes the following: (1) Validated estimates of the number of personnel from the United States Special Operations Command and the other combatant commands that will be housed in leased facilities of such center. (2) An explanation of how such estimates are aligned with and support the priorities established by the national defense strategy under 113(g) of title 10, United States Code. 355. Modifications to the Contested Logistics Working Group of the Department of Defense (a) Expansion of working group (1) In general Paragraph (3) of section 2926(d) of title 10, United States Code, is amended by adding at the end the following new subparagraph: (D) A representative appointed by the Secretary of Defense from each of the following: (i) The Defense Logistics Agency. (ii) The Strategic Capabilities Office. (iii) The Defense Advanced Research Projects Agency. (iv) The Office of the Under Secretary of Defense for Research and Engineering. . (2) Timing Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall appoint the additional members of the working group required under paragraph (3)(D) of such section, as added by paragraph (1) of this subsection. (b) Meetings Such section is further amended by adding at the end the following new paragraph: (6) The working group under paragraph (1) shall meet not less frequently than quarterly. . (c) Reports Such section is further amended by adding at the end the following new paragraph: (7) Not later than February 1 of each year, the working group under paragraph (1) shall submit to the congressional defense committees a report that contains a description of any shortfalls in personnel, equipment, infrastructure, energy and storage, or capabilities required to support the operational plans of the Department of Defense. . 356. Establishment of Caisson Platoon to support military and State funeral services (a) In general There is established in the Department of the Army an equine unit, to be known as the Caisson Platoon, assigned to the 3rd Infantry Regiment of the Army, for the purposes of conducting military and State funerals and for other purposes. (b) Prohibition on elimination The Secretary of the Army may not eliminate the Caisson Platoon of the 3rd Infantry Regiment of the Army established under subsection (a). (c) Briefing (1) In general Not later than 60 days after the date of the enactment of this Act, and not less frequently than every 180 days thereafter until March 31, 2027, the Secretary of the Army shall provide to the congressional defense committees a briefing on the health, welfare, and sustainment of military working equids. (2) Elements The briefing required by paragraph (1) shall include the following: (A) An assessment of the ability of the Caisson Platoon of the 3rd Infantry Regiment of the Army to support military funeral operations within Arlington National Cemetery, including milestones associated with achieving full operational capability for the Caisson Platoon. (B) An update on the plan of the task force of the Army on military working equids to promote, support, and sustain animal health and welfare. (C) An update on the plan of such task force to ensure that support by the Caisson Platoon of Arlington National Cemetery and State funerals is never suspended again. 357. Limitation on availability of funds pending 30-year shipbuilding plan that maintains 31 amphibious warships for the Department of the Navy (a) Limitation Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2024 for Administration and Servicewide Activities, Operation and Maintenance, Navy, not more than 50 percent may be obligated or expended until the date on which the Secretary of the Navy submits to the congressional defense committees a 30-year shipbuilding plan that meets the statutory requirement in section 8062(b) of title 10, United States Code, to maintain 31 amphibious warships. (b) Amphibious warship defined In this section, the term amphibious warship 358. Modification of rule of construction regarding provision of support and services to non-Department of Defense organizations and activities Section 2012(i) of title 10, United States Code, is amended— (1) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively; (2) in the matter preceding subparagraph (A), as redesignated by paragraph (1), by striking Nothing in this section (1) Nothing in this section (3) in subparagraph (A), as so redesignated, by inserting , except as provided in paragraph (2), for response (4) by adding at the end the following new paragraph: (2) Funds available to the Secretary of a military department for operation and maintenance for the Innovative Readiness Training program may be expended under this section, upon approval by the Secretary concerned, to assist in demolition, clearing of roads, infrastructure improvements, and construction to restore an area after a natural disaster. . 359. Modifications to military aviation and installation assurance clearinghouse for review of mission obstructions (a) Projects proposed within two nautical miles of any active intercontinental ballistic missile launch facility or control center Section 183a of title 10, United States Code, is amended— (1) in subsection (d)(2)— (A) in subparagraph (B), by inserting or any active intercontinental ballistic missile launch facility or control center military training routes (B) in subparagraph (E), by striking or a Deputy Under Secretary of Defense a Deputy Under Secretary of Defense, or, in the case of a geographic area of concern related to an active intercontinental ballistic missile launch facility or control center, the Assistant Secretary of Defense for Energy, Installations, and Environment (2) in subsection (e)(1)— (A) in the first sentence— (i) by striking The Secretary (A) The Secretary (ii) by inserting or antenna structure project energy project (B) in the second sentence, by striking The Secretary of Defense's finding of unacceptable risk to national security (C) Any finding of unacceptable risk to national security by the Secretary of Defense under this paragraph ; and (C) by inserting after subparagraph (A), as designated by subparagraph (A)(i) of this paragraph, the following new subparagraph: (B) (i) In the case of any energy project or antenna structure project with proposed structures more than 200 feet above ground level located within two nautical miles of an active intercontinental ballistic missile launch facility or control center, the Secretary of Defense shall issue a finding of unacceptable risk to national security for such project if the mitigation actions identified pursuant to this section do not include removal of all such proposed structures from such project after receiving notice of presumed risk from the Clearinghouse under subsection (c)(2). (ii) Clause (i) does not apply to structures approved before the date of the enactment of the National Defense Authorization Act for Fiscal Year 2024 . (b) Inclusion of antenna structure projects (1) In general Such section is further amended— (A) by inserting or antenna structure projects energy projects (B) by inserting or antenna structure project energy project (2) Antenna structure project defined Section 183a(h) of such title is amended— (A) by redesignating paragraphs (2) through (9) as paragraphs (3) through (10), respectively; and (B) by inserting after paragraph (1) the following new paragraph: (2) The term antenna structure project (A) means a project to construct a structure located within two nautical miles of any intercontinental ballistic missile launch facility or control center that is constructed or used to transmit radio energy or that is constructed or used for the primary purpose of supporting antennas to transmit or receive radio energy (or both), and any antennas and other appurtenances mounted on the structure, from the time construction of the supporting structure begins until such time as the supporting structure is dismantled; and (B) does not include any project in support of or required by an intercontinental ballistic missile launch facility or control center. . 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, 2024, as follows: (1) The Army, 452,000. (2) The Navy, 342,000. (3) The Marine Corps, 172,300. (4) The Air Force, 320,000. (5) The Space Force, 9,400. 402. End strength level matters Section 115 of title 10, United States Code, is amended— (1) in subsection (f)(2), by striking not more than 2 percent not more than 3 percent (2) in subsection (g)(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; (B) vary the end strength pursuant to subsection (a)(1)(B) 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 (C) vary the end strength pursuant to subsection (a)(2) for a fiscal year for the Selected Reserve of the reserve component of the armed force or forces under the jurisdiction of that Secretary by a number equal to not more than 2 percent of such authorized end strength. . 403. Extension of additional authority to vary Space Force end strength Section 403(b) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 ( Public Law 117–263 December 31, 2023 October 1, 2025 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, 2024, as follows: (1) The Army National Guard of the United States, 325,000. (2) The Army Reserve, 174,800. (3) The Navy Reserve, 57,200. (4) The Marine Corps Reserve, 33,600. (5) The Air National Guard of the United States, 105,000. (6) The Air Force Reserve, 69,600. (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, 2024, 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, 10,327. (4) The Marine Corps Reserve, 2,355. (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 2024 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, 7,990. (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 2024, 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 2024 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 2024. V Military personnel policy A Officer personnel policy 501. Authorized strength: general and flag officers on active duty (a) Repeal of obsolete authority; redesignation Chapter 32 (1) by repealing section 526; (2) by redesignating section 526a as section 526; (3) in the table of sections for such chapter, by striking the item relating to section 526a; and (4) in the section heading for section 526, as redesignated by paragraph (2), by striking after December 31, 2022 (b) Increased authorized strength Section 526 of title 10, United States Code, as redesignated and amended by subsection (a), is further amended— (1) in subsection (a)— (A) by striking after December 31, 2022, (B) in paragraph (1), by striking 218 219 (C) in paragraph (2), by striking 149 150 (D) in paragraph (3), by striking 170 171 (E) in paragraph (4), by striking 62 64 (2) by redesignating the second subsection designated as subsection (i) as subsection (j). (c) Repeal of exclusion of officers serving as lead special trial counsel from limitations on authorized strengths Section 506 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 is hereby repealed. 502. Prohibition on appointment or nomination of certain officers who are subject to special selection review boards (a) Officers on active-duty list Section 628a(a)(2)(B) of title 10, United States Code, is amended to read as follows: (B) shall not be forwarded for appointment or nomination to the Secretary of Defense, the President, or the Senate, as applicable. . (b) Officers on reserve active-status list Section 14502a(a)(2)(B) of title 10, United States Code, is amended to read as follows: (B) shall not be forwarded for appointment or nomination to the Secretary of Defense, the President, or the Senate, as applicable. . 503. Exclusion of officers who are licensed behavioral health providers from limitations on active duty commissioned officer end strengths Section 523(b) of title 10, United States Code, is amended by adding at the end the following new paragraph: (10) Officers who are licensed behavioral health providers, including clinical psychologists, social workers, and mental health nurse practitioners. . 504. Updating authority to authorize promotion transfers between components of the same service or a different service (a) Warrant officers transferred between components within the same or a different uniformed service Section 578 of title 10, United States Code, is amended by adding at the end the following new subsection: (g) Notwithstanding subsection (d), and subject to regulations prescribed by the Secretary of Defense, in the case of a warrant officer who is selected for promotion by a selection board convened under this chapter, and prior to the placement of the warrant officer’s name on the applicable promotion list is approved for transfer to a new component within the same or a different uniformed service, the Secretary concerned may place the warrant officer’s name on a corresponding promotion list of the new component without regard to the warrant officer’s competitive category. A warrant officer’s promotion under this subsection shall be made pursuant to section 12242 of this title. . (b) Officers transferred to reserve active status list (1) In general Section 624 of such title is amended by adding at the end the following new subsections: (e) Notwithstanding subsection (a)(2), in the case of an officer who is selected for promotion by a selection board convened under this chapter, and prior to the placement of the officer’s name on the applicable promotion list is approved for transfer to the reserve active status list of the same or a different uniformed service, the Secretary concerned may place the officer’s name on a corresponding promotion list on the reserve active-status list without regard to the officer’s competitive category. An officer’s promotion under this subsection shall be made pursuant to section 14308 of this title. (f) Notwithstanding subsection (a)(3), in the case of an officer who is placed on an all-fully-qualified-officers list, and is subsequently approved for transfer to the reserve active status list, the Secretary concerned may place the officer’s name on an appropriate all-fully-qualified-officers list on the reserve active status list. An officer’s promotion under this subsection shall be made pursuant to section 14308 of this title. . (2) Date of rank Section 14308(c) of such title is amended— (A) by redesignating paragraph (3) as paragraph (4); and (B) by inserting after paragraph (2) the following new paragraph: (3) The Secretary concerned may adjust the date of rank of an officer whose name is placed on a reserve active status promotion list pursuant to subsection (e) or (f) of section 624 of this title. . 505. Effect of failure of selection for promotion (a) Effect of failure of selection for promotion: captains and majors of the Army, Air Force, Marine Corps, and Space Force and lieutenants and lieutenant commanders of the Navy (1) In general Section 632 of title 10, United States Code, is amended— (A) in the section heading, by striking and Marine Corps Marine Corps, and Space Force (B) in subsection (a)(1), by striking President approves the report of the board which considered him for the second time Secretary concerned releases the promotion results of the board which considered the officer for the second time to the public (2) Clerical amendment The table of sections at the beginning of chapter 36 632. Effect of failure of selection for promotion: captains and majors of the Army, Air Force, Marine Corps, and Space Force and lieutenants and lieutenant commanders of the Navy. . (b) Retirement of regular officers of the Navy for length of service or failure of selection for promotion Section 8372(a)(2)(A) of title 10, United States Code, is amended by striking President approves the report of the board which considered him for the second time Secretary concerned releases the promotion results of the board which considered the officer for the second time to the public 506. Permanent authority to order retired members to active duty in high-demand, low-density appointments (a) In general Section 688a of title 10, United States Code, is amended— (1) in the section heading, by striking Retired aviators: temporary authority Authority (2) by striking subsection (f); (3) by redesignating subsections (g) and (h) as subsections (f) and (g), respectively; and (4) in subsection (f), as redesignated by paragraph (3), by striking limitations in subsections (c) and (f) limitation in subsection (c) (b) Clerical amendment The table of sections at the beginning of chapter 39 688a. Authority to order to active duty in high-demand, low-density assignments. . 507. Waiver authority expansion for the extension of service obligation for Marine Corps cyberspace operations officers (a) Required service Section 651(c) of title 10, United States Code, is amended— (1) in paragraph (1), by inserting or in the case of an unrestricted officer designated within a cyberspace occupational specialty (2) in paragraph (2)— (A) in subparagraph (A), by striking ; or (B) in subparagraph (B), by striking the period and inserting ; or (C) by adding at the end the following new subparagraph: (C) in the case of an unrestricted officer who has been designated with a cyberspace occupational specialty, the period of obligated service specified in such contract or agreement. . (b) Minimum service requirement for certain cyberspace occupational specialties (1) In general Chapter 37 section 653 654. Minimum service requirement for certain cyberspace occupational specialties (a) Cyberspace operations officer The minimum service obligation for any member who successfully completes training in the armed forces in direct accession to the cyberspace operations officer occupational specialty of the Marine Corps shall be 8 years. (b) Service obligation defined In this section, the term service obligation . (2) Table of sections amendment The table of sections at the beginning of such chapter 37 is amended by inserting after the item relating to section 653 the following new item: 654. Minimum service requirement for certain cyberspace occupational specialties. . 508. Removal of active duty prohibition for members of the Air Force Reserve Policy Committee Section 10305 of title 10, United States Code, is amended― (1) in subsection (b), by striking not on active duty (2) in subsection (c)— (A) by inserting of the reserve components among the members (B) by striking not on active duty 509. Extension of authority to vary number of Space Force officers considered for promotion to major general Subsection (b) of section 503 of the National Defense Authorization Act for Fiscal Year 2022 ( Public Law 117–81 shall terminate on December 31, 2022 shall terminate on December 31, 2024 510. Realignment of Navy spot-promotion quotas Section 605(g)(4)(B) of title 10, United States Code, is amended by striking 325 425 511. Modification of limitation on promotion selection board rates Section 616 of title 10, United States Code, is amended— (1) in subsection (d)— (A) by striking The number (1) Except as provided in paragraph (2), the number (B) by adding at the end the following new paragraph: (2) If a promotion zone established under section 623 of this title includes less than 50 officers and is established with respect to promotions to a grade below the grade of colonel or Navy captain, the Secretary concerned may authorize selection boards convened under section 611(a) of this title to recommend for promotion a number equal to not more than 100 percent of the number of officers included in such promotion zone. ; and (2) in subsection (e), by striking unless he unless the officer 512. Time in grade requirements Section 1305 of title 10, United States Code, is amended— (1) in subsection (a)(3), by inserting or a Marine Corps Marine Gunner warrant officer in such grade, chief warrant officer, W–5, (2) in subsection (b), by striking when he when the warrant officer (3) in subsection (c)— (A) by striking as he as the Secretary concerned (B) by striking after he after the warrant officer 513. Flexibility in determining terms of appointment for certain senior officer positions (a) In general Chapter 35 section 601 602. Flexibility in determining terms of appointment for certain senior officer positions The Secretary of Defense may extend or reduce the duration of an appointment made under section 152, 154, 7033, 8033, 8043, 9033, and 9082 of this title by up to six months if the Secretary determines that such an extension or reduction is necessary either in the interests of national defense, or to ensure an appropriate staggering of terms of senior military leadership. . (b) Clerical amendment The table of sections at the beginning of chapter 35 section 601 602. Flexibility in determining terms of appointment for certain senior officer positions. . B Reserve component management 521. Alternative promotion authority for reserve officers in designated competitive categories (a) In general Part III of subtitle E of title 10, United States Code, is amended by adding at the end the following new chapter: 1413 Alternative promotion authority for officers in designated competitive categories Sec. 15101. Officers in designated competitive categories. 15102. Selection for promotion. 15103. Eligibility for consideration for promotion. 15104. Opportunities for consideration for promotion. 15105. Promotions. 15106. Failure of selection for promotion. 15107. Retirement: retirement for years of service; selective early retirement. 15108. Continuation on the Reserve Active-Status List. 15109. Other administrative authorities. 15110. Regulations. 15101. Officers in designated competitive categories (a) Authority to designate competitive categories of officers Each Secretary of a military department may designate one or more competitive categories for promotion of officers under section 14005 of this title that are under the jurisdiction of such Secretary as a competitive category of officers whose promotion, retirement, and continuation on the reserve active-status list shall be subject to the provisions of this chapter. (b) Limitation on exercise of authority The Secretary of a military department may not designate a competitive category of officers for purposes of this chapter until 60 days after the date on which the Secretary submits to the Committees on Armed Services of the Senate and the House of Representatives a report on the designation of the competitive category. The report on the designation of a competitive category shall set forth the following: (1) A detailed description of officer requirements for officers within the competitive category. (2) An explanation of the number of opportunities for consideration for promotion to each particular grade, and an estimate of promotion timing, within the competitive category. (3) An estimate of the size of the promotion zone for each grade within the competitive category. (4) A description of any other matters the Secretary considered in determining to designate the competitive category for purposes of this chapter. 15102. Selection for promotion (a) In general Except as provided in this section, the selection for promotion of officers in any competitive category of officers designated for purposes of this chapter shall be governed by the provisions under chapter 1403 of this title. (b) No recommendation for promotion of officers below promotion zone Section 14301(d) of this title shall not apply to the selection for promotion of officers described in subsection (a). (c) Recommendation for officers to be excluded from future consideration for promotion In making recommendations pursuant to chapter 1403 of this title for purposes of the administration of this chapter, a selection board convened under section 14101(a) of this title may recommend that an officer considered by the board be excluded from future consideration for promotion under this chapter. 15103. Eligibility for consideration for promotion (a) In general Except as provided by this section, eligibility for promotion of officers in any competitive category of officers designated for purposes of this chapter shall be governed by the provisions of sections 14301, 14303, and 14304 of this title. (b) Inapplicability of certain time-in-grade requirements Sections 14303 and 14304 of this title shall not apply to the promotion of officers described in subsection (a). (c) Inapplicability to officers above and below promotion zone The following provisions of this title shall not apply to the promotion of officers described in subsection (a): (1) The reference in section 14301(b) to an officer above the promotion zone. (2) Section 14301(d). (d) Ineligibility of certain officers The following officers are not eligible for promotion under this chapter: (1) An officer described in section 14301(c) of this title. (2) An officer not included within the promotion zone. (3) An officer who has failed of promotion to a higher grade the maximum number of times specified for opportunities for promotion for such grade within the competitive category concerned pursuant to section 15104 of this title. (4) An officer recommended by a selection board to be removed from consideration for promotion in accordance with section 15102(c) of this title. 15104. Opportunities for consideration for promotion (a) Specification of number of opportunities for consideration for promotion In designating a competitive category of officers pursuant to section 15101 of this title, the Secretary of a military department shall specify the number of opportunities for consideration for promotion to be afforded officers of the armed force concerned within the category for promotion to each grade above the grade of first lieutenant or lieutenant (junior grade), as applicable. (b) Limited authority of secretary of military department to modify number of opportunities The Secretary of a military department may modify the number of opportunities for consideration for promotion to be afforded officers of an armed force within a competitive category for promotion to a particular grade, as previously specified by the Secretary pursuant subsection (a) of this subsection, not more frequently than once every five years. (c) Discretionary authority of Secretary of defense to modify number of opportunities The Secretary of Defense may modify the number of opportunities for consideration for promotion to be afforded officers of an armed force within a competitive category for promotion to a particular grade, as previously specified or modified pursuant to any provision of this section, at the discretion of the Secretary. (d) Limitation on number of opportunities specified The number of opportunities for consideration for promotion to be afforded officers of an armed force within a competitive category for promotion to a particular grade, as specified or modified pursuant to any provision of this section, may not exceed five opportunities. (e) Effect of certain reduction in number of opportunities specified If, by reason of a reduction in the number of opportunities for consideration for promotion under this section, an officer would no longer have one or more opportunities for consideration for promotion that were available to the officer before the reduction, the officer shall be afforded one additional opportunity for consideration for promotion after the reduction. 15105. Promotions Sections 14307 through 14317 of this title shall apply in promotions of officers in competitive categories of officers designated for purposes of this chapter. 15106. Failure of selection for promotion (a) In general Except as provided in this section, sections 14501 through 14513 of this title shall apply to promotions of officers in competitive categories of officers designated for purposes of this chapter. (b) Inapplicability of failure of selection for promotion to officers above promotion zone The reference in section 14501 of this title to an officer above the promotion zone shall not apply in the promotion of officers described in subsection (a). (c) Special selection board matters The reference in section 14502(a)(1) of this title to a person above the promotion zone shall not apply in the promotion of officers described in subsection (a). (d) Effect of failure of selection In the administration of this chapter pursuant to subsection (a)— (1) an officer described in subsection (a) shall not be deemed to have failed twice of selection for promotion for purposes of section 14502(b) of this title until the officer has failed selection of promotion to the next higher grade the maximum number of times specified for opportunities for promotion to such grade within the competitive category concerned pursuant to section 15104 of this title; and (2) any reference in sections 14504 through 14506 of this title to an officer who has failed of selection for promotion to the next higher grade for the second time shall be deemed to refer instead to an officer described in subsection (a) who has failed of selection for promotion to the next higher grade for the maximum number of times specified for opportunities for promotion to such grade within the competitive category concerned pursuant to such section 15104. 15107. Retirement: retirement for years of service; selective early retirement (a) Retirement for years of service Sections 14507 through 14515 of this title shall apply to the retirement of officers in competitive categories of officers designated for purposes of this chapter. (b) Selective early retirement Section 14101(b) of this title shall apply to the retirement of officers described in subsection (a). 15108. Continuation on the Reserve Active-Status List Sections 14701 through 14703 of this title shall apply in continuation or retention on a reserve active-status list of officers designated for purposes of this chapter. 15109. Other administrative authorities (a) In general The following provisions of this title shall apply to officers in competitive categories of officers designated for purposes of this chapter: (1) Section 14518, relating to continuation of officers to complete disciplinary action. (2) Section 14519, relating to deferment of retirement or separation for medical reasons. (3) Section 14704, relating to the selective early removal from the reserve active-status list. (4) Section 14705, relating to the selective early retirement of reserve general and flag officers of the Navy and Marine Corps. 15110. Regulations The Secretary of Defense shall prescribe regulations regarding the administration of this chapter. The elements of such regulations shall include mechanisms to clarify the manner in which provisions of other chapters of this part of the title shall be used in the administration of this chapter in accordance with the provisions of this chapter. . (b) Table of chapters amendment The table of chapters at the beginning of part III of subtitle E of title 10, United States Code, is amended by adding at the end the following new item: 1413. Alternative promotion authority for officers in designated competitive categories 15101 . 522. 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), by striking for any named operational mission (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 and the Secretary of the Department in which the Coast Guard is operating 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 or, with respect to the Coast Guard, the Secretary of the Department in which the Coast Guard is operating determines it is necessary to augment the active forces for the respective responses from the Department of Defense or the Department of Homeland Security to a covered incident. ; (4) in paragraph (1) of subsection (d), as redesignated by paragraph (2) of this section, by inserting or subsection (c) 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 (1) Whenever any (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 the Secretary of the Department in which the Coast Guard is operating; 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 (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 involving a Department of Homeland Security information system or a breach of a Department of Homeland Security system that involves personally identifiable information that the Secretary of Homeland Security 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; (C) a cyber incident or collection of related cyber incidents that the President determines is 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 (D) a significant incident declared pursuant to section 2233 of the Homeland Security Act of 2002 ( 6 U.S.C. 677b . 523. Mobilization of Selected Reserve for preplanned missions in support of the combatant commands Section 12304b(b)(1) of title 10, United States Code, is amended— (1) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively; (2) by striking Units (A) Except as provided under subparagraph (B), units (3) by adding at the end the following new subparagraph: (B) In the event the President's budget is delivered later than April 1st in the year prior to the year of the mobilization of one or more units under this section, the Secretary concerned may submit to Congress the information required under subparagraph (A) in a separate notice. . 524. Alternating selection of officers of the National Guard and the Reserves as deputy commanders of certain combatant commands Section 164(e)(4) of title 10, United States Code, is amended— (1) by inserting (A) At least one deputy commander (2) by adding at the end the following new subparagraphs: (B) In carrying out the requirement in subparagraph (A) pertaining to the selection of an officer of the reserve component, the Secretary of Defense shall alternate between selecting an officer of the National Guard and an officer of the Reserves no less frequently than every two terms. (C) The Secretary of Defense may waive the requirement under subparagraph (B) regarding the alternating selection of reserve component officers if the Secretary of Defense determines that such action is in the national interest. . 525. Grade of Vice Chief of the National Guard Bureau Section 10505 of title 10, United States Code, is amended by adding at the end the following new subsection: (c) Grade and Exclusion From General and Flag Officer Authorized Strength (1) The Vice Chief of the National Guard Bureau shall be appointed to serve in the grade of general. (2) The Secretary of Defense shall designate, pursuant to subsection (b) of section 526a of this title, the position of Vice Chief of the National Guard Bureau as one of the general officer and flag officer positions to be excluded from the limitations in subsection (a) of such section. . C General service authorities and military records 531. Modification of limitation on enlistment and induction of persons whose score on the Armed Forces Qualification Test is below a prescribed level Section 520(a) of title 10, United States Code, is amended— (1) by striking The number of persons (1) The number of persons (2) by striking may not exceed 20 percent may not exceed 4 percent (3) by adding at the end the following new paragraph: (2) Upon the request of the Secretary concerned, the Secretary of Defense may authorize an armed force to increase the limitation specified in paragraph (1) to not exceed 20 percent of the total number of persons originally enlisted or inducted to serve on active duty (other than active duty for training) in such armed forced during such fiscal year. The Secretary of Defense shall notify the Committees on Armed Services of the Senate and the House of Representatives not later than 30 days after using such authority. . 532. Non-medical counseling services for military families Section 1781 of title 10, United States Code, is amended by adding at the end the following new subsection: (d) Non-medical counseling services (1) In carrying out its duties under subsection (b), the Office may coordinate programs and activities to provide non-medical counseling services to military families through the Department of Defense Military and Family Life Counseling Program. (2) A mental health care professional described in paragraph (3) may provide non-medical counseling services at any location in a State, the District of Columbia, or a territory or possession of the United States, without regard to where the professional or recipient of such services is located or delivery of such services is provided (including face-to-face and telehealth), if the provision of such services is within the scope of the authorized Federal duties of the professional. (3) A non-medical mental health professional described in this subsection is a person who is— (A) a currently licensed mental health care provider who holds a license that is— (i) issued by a State, the District of Columbia, or a territory or possession of the United States; and (ii) recognized by the Secretary of Defense as an appropriate license for the provision of non-medical counseling services; (B) a member of the armed forces, a civilian employee of the Department of Defense, or a contractor designated by the Secretary; and (C) performing authorized duties for the Department of Defense under a program or activity referred to in paragraph (1). (4) The authority under this subsection shall terminate three years after the date of the enactment of this subsection. (5) In this subsection, the term non-medical counseling services . 533. Primacy of needs of the service in determining individual duty assignments (a) In general Chapter 39 section 674 675. Primacy of needs of the service in determining individual duty assignments (a) In general The Secretaries of the military departments shall make duty assignments of individual members based on the needs of the military services. (b) Assignments based on service needs A servicemember’s opinion on State laws shall not take precedence over the needs of the military services in determining individual duty assignments. (c) Rule of construction Nothing in this section shall be construed as prohibiting the Secretaries of the military departments from considering the general preferences of members of the armed forces in making determinations about individual duty assignments. . (b) Clerical amendment The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 674 the following new item: 675. Primacy of needs of the service in determining individual duty assignments. . 534. Requirement to use qualifications, performance, and merit as basis for promotions, assignments, and other personnel actions The Secretary of Defense shall ensure that all promotions, assignments, and other personnel actions of the Armed Forces are based primarily on qualifications, performance, and merit. 535. Requirement to base treatment in the military on merit and performance (a) Findings Congress makes the following findings: (1) The United States Armed Forces is the greatest civil rights program in the history of the world. (2) Former Chairman of the Joint Chiefs General Colin Powell wrote that the military [has] given African-Americans more equal opportunity than any other institution in American society (3) Today’s Armed Forces is the most diverse large public institution in the country, and brings together Americans from every background in the service of defending the country. (4) Military readiness depends on the guarantee of equal opportunity, without the promise of an equal outcome, because warfare is a competitive endeavor and the nation’s enemies must know that the United States Armed Forces is led by the best, brightest, and bravest Americans. (5) The tenets of critical race theory are antithetical to the merit-based, all-volunteer, military that has served the country with great distinction for the last 50 years. (b) Definition of equity For the purposes of any Department of Defense Diversity, Equity, and Inclusion directive, program, policy, or instruction, the term equity the right of all persons to have the opportunity to participate in, and benefit from, programs, and activities for which they are qualified (c) Prohibitions (1) Directives The Department of Defense shall not direct or otherwise compel any member of the Armed Forces, military dependent, or civilian employee of the Department of Defense to personally affirm, adopt, or adhere to the tenet that any sex, race, ethnicity, religion or national origin is inherently superior or inferior. (2) Training and instruction No organization or institution under the authority of the Secretary of Defense may provide courses, training, or any other type of instruction that directs, compels, or otherwise suggests that members of the Armed Forces, military dependents, or civilian employees of the Department of Defense should affirm, adopt, or adhere to the tenet described in paragraph (1). (3) Distinctions and classifications (A) In general No organization or institution under the authority of the Secretary of Defense shall make a distinction or classification of members of the Armed Forces, military dependents, or civilian employees of the Department of Defense based on account of race, ethnicity, or national origin. (B) Rule of construction Nothing in this paragraph shall be construed to prohibit the required collection or reporting of demographic information by the Department of Defense. (d) Merit requirement All Department of Defense personnel actions, including accessions, promotions, assignments and training, shall be based exclusively on individual merit and demonstrated performance. 536. Tiger team for outreach to former members (a) Establishment of tiger team (1) In general Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall establish a team (commonly known as a tiger team Tiger Team Public Law 116–92 10 U.S.C. 1552 (2) Tiger team leader One of the persons assigned to the Tiger Team under paragraph (1) shall be a senior-level officer or employee of the Department who shall serve as the lead official of the Tiger Team (in this section referred to as the Tiger Team Leader (3) Report on composition Not later than 90 days after the date of the enactment of this Act, the Secretary shall submit to Congress a report setting forth the names of the personnel of the Department assigned to the Tiger Team pursuant to this subsection, including the positions to which assigned. The report shall specify the name of the individual assigned as Tiger Team Leader. (b) Duties (1) In general The Tiger Team shall conduct outreach to build awareness among veterans of the process established pursuant to section 527 of the National Defense Authorization Act for Fiscal Year 2020 for the review of discharge characterizations by appropriate discharge boards. (2) Collaboration In conducting activities under this subsection, the Tiger Team Leader shall identify appropriate external stakeholders with whom the Tiger Team shall work to carry out such activities. Such stakeholders shall include representatives of veterans service organizations and such other stakeholders as the Tiger Team Leader considers appropriate. (3) Initial report Not later than 210 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress the following: (A) A plan setting forth the following: (i) A description of the manner in which the Secretary, working through the Tiger Team and in collaboration with external stakeholders described in paragraph (2), shall identify individuals who meet the criteria in section 527(b) of the National Defense Authorization Act for Fiscal Year 2020 for review of discharge characterization. (ii) A description of the manner in which the Secretary, working through the Tiger Team and in collaboration with the external stakeholders, shall improve outreach to individuals who meet the criteria in section 527(b) of the National Defense Authorization Act for Fiscal Year 2020 for review of discharge characterization, including through— (I) obtaining contact information on such individuals; and (II) contacting such individuals on the process established pursuant to section 527 of the National Defense Authorization Act for Fiscal Year 2020 for the review of discharge characterizations. (B) A description of the manner in which the work described in clauses (i) and (ii) of subparagraph (A) will be carried out, including an allocation of the work among the Tiger Team and the external stakeholders. (C) A schedule for the implementation, carrying out, and completion of the plan required under subparagraph (A). (D) A description of the additional funding, personnel, or other resources of the Department required to carry out the plan required under subparagraph (A), including any modification of applicable statutory or administrative authorities. (4) Implementation of plan (A) In general The Secretary shall implement and carry out the plan submitted under subparagraph (A) of paragraph (3) in accordance with the schedule submitted under subparagraph (C) of that paragraph. (B) Updates Not less frequently than once every 90 days after the submittal of the report under paragraph (3), the Tiger Team shall submit to Congress an update on the carrying out of the plan submitted under subparagraph (A) of that paragraph. (5) Final report Not later than 3 years after the date of the enactment of this Act, the Tiger Team shall submit to the Committees on Armed Services of the Senate and the House of Representatives a final report on the activities of the Tiger Team under this subsection. The report shall set forth the following: (A) The number of individuals discharged under Don't Ask, Don't Tell or a similar policy prior to the enactment of Don't Ask, Don't Tell. (B) The number of individuals described in subparagraph (A) who availed themselves of a review of discharge characterization (whether through discharge review or correction of military records) through a process established prior to the enactment of this Act. (C) The number of individuals contacted through outreach conducted pursuant to this section. (D) The number of individuals described in subparagraph (A) who availed themselves of a review of discharge characterization through the process established pursuant to section 527 of the National Defense Authorization Act for Fiscal Year 2020. (E) The number of individuals described in subparagraph (D) whose review of discharge characterization resulted in a change of characterization to honorable discharge. (F) The total number of individuals described in subparagraph (A), including individuals also covered by subparagraph (E), whose review of discharge characterization since September 20, 2011 (the date of repeal of Don't Ask, Don't Tell), resulted in a change of characterization to honorable discharge. (6) Termination On the date that is 60 days after the date on which the final report required by paragraph (5) is submitted, the Secretary shall terminate the Tiger Team. (c) Additional reports (1) Review The Secretary of Defense shall conduct a review of the consistency and uniformity of the reviews conducted pursuant to section 527 of the National Defense Authorization Act for Fiscal Year 2020. (2) Reports Not later than 270 days after the date of the enactment of this Act, and each year thereafter for a four-year period, the Secretary shall submit to Congress a report on the reviews under paragraph (1). Such reports shall include any comments or recommendations for continued actions. (d) Don't ask, don't tell defined In this section, the term Don’t Ask, Don’t Tell Public Law 111–321 537. Diversity, equity, and inclusion personnel grade cap (a) In general The Secretary concerned may not appoint to, or otherwise employ in, any position with sole duties as described in subsection (b) a military or civilian employee paid annual pay at a rate that exceeds the equivalent of the rate payable for GS–10, not adjusted for locality. (b) Covered duties The duties referred to in subsection (a) are as follows: (1) Developing, refining, and implementing diversity, equity, and inclusion policy. (2) Leading working groups and councils to developing diversity, equity, and inclusion goals and objectives to measure performance and outcomes. (3) Creating and implementing diversity, equity, and inclusion education, training courses, and workshops for military and civilian personnel. (c) Applicability to current employees Any military or civilian employee appointed to a position with duties described in subsection (b) who is paid annual pay at a rate that exceeds the amount allowed under subsection (a) shall be reassigned to another position not later than 180 days after the date of the enactment of this Act. D Military justice and other legal matters 541. Establishment of staggered terms for members of the Military Justice Review Panel (a) Appointment to staggered terms Subsection (b) of section 946 of title 10, United States Code (article 146 of the Uniform Code of Military Justice), is amended by adding at the end the following new paragraph: (4) Establishment of staggered terms Notwithstanding subsection (e), members of the Panel appointed to serve on the Panel to fill vacancies that exist due to terms of appointment expiring during the period beginning on August 1, 2030, and ending on August 31, 2030, shall be appointed to terms as follows: (A) Three members designated by the Secretary of Defense shall serve a term of two years. (B) Three members designated by the Secretary of Defense shall serve a term of four years. (C) Three members designated by the Secretary of Defense shall serve a term of six years. (D) Four members designated by the Secretary of Defense shall serve a term of eight years. . (b) Term; vacancies Subsection (e) of such section is amended to read as follows: (e) Term; vacancies (1) Term Subject to subsection (b)(4) and paragraphs (2) and (3) of this subsection, each member shall be appointed for a term of eight years, and no member may serve more than one term. (2) Vacancy Any vacancy in the Panel shall be filled in the same manner as the original appointment. A member appointed to fill a vacancy in the Panel that occurs before the expiration of the term of appointment of the predecessor of such member shall be appointed for the remainder of the term of such predecessor. (3) Availability of reappointment for certain members Notwithstanding paragraph (1), a member of the Panel may be appointed to a single additional term if— (A) the appointment of the member is to fill a vacancy described in subsection (b)(4); or (B) the member was initially appointed to— (i) a term of four years or less in accordance with subsection (b)(4); or (ii) fill a vacancy that occurs before the expiration of the term of the predecessor of such member and for which the remainder of the term of such predecessor is four years or less. . 542. Technical and conforming amendments to the Uniform Code of Military Justice (a) Technical amendment relating to guilty pleas for murder Section 918 of title 10, United States Code (article 118 of the Uniform Code of Military Justice), is amended— (1) by striking he such person (2) in the matter following paragraph (4), by striking the period and inserting , unless such person is otherwise sentenced in accordance with a plea agreement entered into between the parties under section 853a (article 53a). (b) Technical amendments relating to the military justice reforms in the National Defense Authorization Act for Fiscal Year 2022 (1) Article 16 Subsection (c)(2)(A) of section 816 of title 10, United States Code (article 16 of the Uniform Code of Military Justice), is amended by striking by the convening authority (2) Article 25 Section 825 of title 10, United States Code (article 25 of the Uniform Code of Military Justice), is amended— (A) in subsection (d)— (i) in paragraph (1), by striking may, after the findings are announced and before any matter is presented in the sentencing phase, request, orally on the record or in writing, sentencing by the members shall be sentenced by the military judge (ii) by amending paragraph (2) to read as follows: (2) In a capital case, if the accused is convicted of an offense for which the court-martial may sentence the accused to death, the accused shall be sentenced in accordance with section 853(c) of this title (article 53(c)). ; (B) in subsection (e)— (i) in paragraph (1), by striking him the member being tried (ii) in paragraph (2)— (I) in the first sentence, by striking his opinion the opinion of the convening authority (II) in the second sentence, by striking he the member (C) in subsection (f)— (i) by striking his authority the authority of the convening authority (ii) by striking his staff judge advocate or legal officer the staff judge advocate or legal officer of the convening authority (c) Authority of special trial counsel with respect to certain offenses occurring before effective date of military justice reforms enacted in the National Defense Authorization Act for Fiscal Year 2022 (1) Authority Section 824a of title 10, United States Code, as added by section 531 of the National Defense Authorization Act for Fiscal Year 2022 ( Public Law 117–81 (d) Special trial counsel authority over certain other offenses (1) Offenses occurring before effective date A special trial counsel may, at the sole and exclusive discretion of the special trial counsel, exercise authority over the following offenses: (A) An offense under section 917a (article 117a), 918 (article 118), section 919 (article 119), section 920 (article 120), section 920b (article 120b), section 920c (article 120c), section 928b (article 128b), or the standalone offense of child pornography punishable under section 934 (article 134) of this title that occurred on or before December 27, 2023. (B) An offense under section 925 (article 125), section 930 (article 130), or section 932 (article 132) of this title that occurred on or after January 1, 2019, and before December 28, 2023. (C) An offense under section 920a (article 120a) of this title, an offense under section 925 (article 125) of this title alleging an act of nonconsensual sodomy, or the standalone offense of kidnapping punishable under section 934 (article 134) of this title that occurred before January 1, 2019. (D) A conspiracy to commit an offense specified in subparagraph (A), (B), or (C) as punishable under section 881 of this title (article 81). (E) A solicitation to commit an offense specified in subparagraph (A), (B), or (C) as punishable under section 882 of this title (article 82). (F) An attempt to commit an offense specified in subparagraph (A), (B), (C), (D), or (E) as punishable under section 880 of this title (article 80). (2) Effect of exercise of authority (A) Treatment as covered offense If a special trial counsel exercises authority over an offense pursuant to paragraph (1), the offense over which the special trial counsel exercises authority shall be considered a covered offense for purposes of this chapter. (B) Known or related offenses If a special trial counsel exercises authority over an offense pursuant to paragraph (1), the special trial counsel may exercise the authority of the special trial counsel under subparagraph (B) of subsection (c)(2) with respect to other offenses described in that subparagraph without regard to the date on which the other offenses occur. . (2) Conforming amendment to effective date Section 539C(a) of the National Defense Authorization Act for Fiscal Year 2022 ( 10 U.S.C. 801 Public Law 117–81 and shall and, except as provided in section 824a(d) of title 10, United States Code (article 24a of the Uniform Code of Military Justice), shall (d) Clarification of applicability of domestic violence and stalking to dating partners (1) Article 128b; domestic violence Section 928b of title 10, United States Code (article 128b of the Uniform Code of Military Justice), is amended— (A) in the matter preceding paragraph (1), by striking Any person (a) In general.— (B) in subsection (a), as designated by paragraph (1) of this section, by inserting a dating partner, an intimate partner, (C) by adding at the end the following new subsection: (b) Definitions In this section (article), the terms dating partner immediate family intimate partner . (2) Article 130; stalking Section 930 of such title (article 130 of the Uniform Code of Military Justice) is amended— (A) in subsection (a), by striking or to his or her intimate partner to his or her intimate partner, or to his or her dating partner (B) in subsection (b)— (i) by redesignating paragraphs (3) through (5) as paragraphs (4) through (6), respectively; and (ii) by inserting after paragraph (2) the following new paragraph: (3) The term dating partner (A) the length of the relationship; (B) the type of relationship; (C) the frequency of interaction between the persons involved in the relationship; and (D) the extent of physical intimacy or sexual contact between the persons involved in the relationship. . (e) Effective date The amendments made by subsection (b) and subsection (c)(1) shall take effect immediately after the coming into effect of the amendments made by part 1 of subtitle D of title V of the National Defense Authorization Act for Fiscal Year 2022 ( Public Law 117–81 10 U.S.C. 801 543. Annual report on initiative to enhance the capability of military criminal investigative organizations to prevent and combat child sexual exploitation In order to effectively carry out the initiative under section 550D of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 10 U.S.C. 1561 (1) Not later than 90 days after the date of the enactment of this Act, and annually thereafter, 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 the progress of the initiative carried out under such section, outlining specific actions taken and planned to detect, combat, and stop the use of the Department of Defense network to further online child sexual exploitation (CSE). (2) Develop partnerships and execute collaborative agreements with functional experts, including highly qualified national child protection organizations or law enforcement training centers with demonstrated expertise in the delivery of law enforcement training, to identify, investigate and prosecute individuals engaged in online CSE. (3) Establish mandatory training for Department of Defense criminal investigative organizations and personnel at military installations to maintain capacity and address turnover and relocation issues. E Member Education, Training, Transition 551. Future servicemember preparatory course (a) Requirement If the number of nonprior service enlisted personnel covered under section 520 of title 10, United States Code, exceeds 10 percent of the total number of persons originally enlisted in an Armed Force during a fiscal year, the Secretary concerned shall establish a future servicemember preparatory course within the Armed Force concerned. (b) Purpose The course established under subsection (a) shall be designed to improve the physical and aptitude qualifications of military recruits. (c) Criteria Each course established under this section shall comply with the following requirements: (1) Enrollment All nonprior service enlisted persons whose score on the Armed Forces Qualification Test is at or above the twentieth percentile and below the thirty-first percentile must be enrolled in the course prior to attending initial basic training. (2) Graduation requirement Prior to attending initial basic training, all enlisted persons attending the course established under this section must achieve a score that exceeds the thirty-first percentile of the Armed Forces Qualification Test. (3) Effect of course failure Any enlisted person who fails to achieve course graduation requirements within 180 days of enlistment shall be separated under regulations prescribed by the Secretary concerned. 552. Determination of active duty service commitment for recipients of fellowships, grants, and scholarships Section 2603(b) of title 10, United States Code, is amended by striking at least three times the length of the period of the education or training. determined by the Secretary concerned. Notwithstanding sections 2004(c), 2004a(f), and 2004b(e) of this title, the service obligation required under this subsection may run concurrently with any service obligations incurred under chapter 101 of this title in accordance with regulations established by the Secretary concerned. 553. Military service academy professional sports pathway report and legislative proposal required (a) Legislative proposal Not later than March 1, 2024, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report including the following elements: (1) A legislative proposal that would— (A) update and clarify the legislative framework related to the ability of military service academy graduates to pursue employment as a professional athlete prior to serving at least 5 years on active duty; and (B) retain the existing requirement that all military service academy graduates must serve for 2 years on active duty before affiliating with the reserves to pursue employment as a professional athlete. (2) A description of amendments to current law that would be necessary to implement the legislative proposal described under paragraph (1). (b) Report required Not later than March 1, 2024, and annually thereafter, the Secretary of Defense shall provide to the Committees on Armed Services of the Senate and the House of Representatives a report that includes the following information: (1) The name, military service, and sport of each military service graduate released or deferred from active service in order to participate in professional sports. (2) A description of the sports career progress of each participant, such as drafted, signed, released, or returned to military service. (3) A summary by participant of marketing strategy and recruiting related activities conducted. (4) A description by participant of the assessments conducted by the military services to determine the recruiting value associated with approved releases from active duty. (5) The current status of each participant, including, as appropriate, affiliated franchise. 554. Community college Enlisted Training Corps demonstration program (a) Demonstration program (1) In general Not later than August 1, 2025, the Secretary concerned shall establish within each military department an Enlisted Training Corps demonstration program for the purpose of introducing students to the military, and preparing selected students for enlisted service in the Army, Navy, Air Force, Marine Corps, or Space Force. (2) Location Demonstration programs established under this section shall be located at a community or junior college. No program may be established at a military college or military junior college as defined for purposes of section 2107a of title 10, United States Code. (b) Eligibility for membership To be eligible for membership in a program under this section, a person must be a student at an institution where a unit of the Enlisted Training Corps is located. (c) Instructors The Secretary concerned may assign as an instructor for a unit established under this section an individual eligible to serve as an instructor under section 2111 or section 2031 of title 10, United States Code. Instructors who are not currently members on active duty shall be paid in a manner consistent with section 2031 of title 10, United States Code. (d) Financial assistance The Secretary of the military department concerned may provide financial assistance to persons enrolled in a unit of the Enlisted Training Corps in exchange for an agreement in writing that the person enlist in the active component of the military department concerned upon graduation or disenrollment from the community college. Financial assistance provided under this subsection may include tuition, living expenses, stipend, or other payment. (e) Curriculum The Secretary concerned shall ensure that any programs created under this section include as part of the curriculum the following: (1) An introduction to the benefits of military service. (2) Military history. (3) Military customs and courtesies. (4) Physical fitness requirements. (5) Instruction on ethical behavior and decisionmaking. (f) Reporting requirement Not later than one year after the date of the enactment of this Act, and annually thereafter until the date specified by subsection (g), the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the status of the demonstration program required by this section. (g) Sunset The requirements of this provision shall sunset on September 30, 2030. 555. Language training centers for members of the Armed Forces and civilian employees of the Department of Defense Section 529 of the National Defense Authorization Act for Fiscal Year 2010 ( Public Law 111–84 10 U.S.C. 2001 (1) in subsection (a), by striking may carry out a program shall carry out a program (2) by redesignating subsection (e) as subsection (f); (3) by inserting after subsection (d) the following new subsection: (e) Contract authority The Secretary of Defense may enter into one or more contracts, cooperative agreements, or grants with private national organizations having an expertise in foreign languages, area studies, and other international fields, for the awarding of grants to accredited universities, senior military colleges, or other similar institutions of higher education to establish and maintain language training centers authorized by subsection (a). ; and (4) in subsection (f), as redesignated by paragraph (2)— (A) by striking one year after the date of the establishment of the program authorized by subsection (a) 180 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2024 (B) by striking report on the program report on the Language Training Center program (C) by redesignating paragraph (4) as paragraph (5); (D) by inserting after paragraph (3) the following new paragraph: (4) An assessment of the resources required to carry out the Language Training Center program by year through fiscal year 2027. ; and (E) in paragraph (5), as redesignated by subparagraph (C), by striking A recommendation whether the program should be continued and, if so, recommendations as to any modifications of the program Recommendations as to any modifications to the Language Training Center program 556. Limitation on availability of funds for relocation of Army CID special agent training course (a) Limitation None of the funds authorized to be appropriated by this Act for fiscal year 2024 for the Army to relocate an Army CID special agent training course may be obligated or expended until— (1) the Secretary of the Army submits to the Committees on Armed Services of the Senate and the House of Representatives a separate report on any plans of the Secretary to relocate an Army CID special agent training course, including an explanation of the business case for any transfer of training personnel proposed as part of such plan; and (2) the Secretary provides to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the contents of the report specified in paragraph (1). (b) Definitions In this section: (1) The term relocate (2) The term Army CID special agent training course 557. Army Physical Fitness Test (a) In general The physical fitness test of record for the United States Army in compliance with Department of Defense Instruction 1308.03, or any successor regulation, is the Army Physical Fitness Test according to the grading and evaluation scale as it existed on January 1, 2020. This test shall be the baseline test of physical fitness for members of the Army and administered at least annually, except when operational requirements or contingency operations would make such test administration impracticable. (b) Updates and modifications Notwithstanding subsection (a), the Army may update, replace, or modify the events and scoring standards in the Army Physical Fitness Test as the needs of the Army require after a robust pilot and testing period of at least 24 months. Such modifications shall not take effect until the date that is one year after the Secretary of the Army has provided a briefing on the planned changes to the Committees on Armed Services of the Senate and the House of Representatives. (c) Rule of construction Nothing in this section prohibits the Army from using the Army Combat Fitness Test, or any other physical assessment the Army may develop, as a supplemental tool to assess physical fitness for all or parts of the force. Army Commanders may also require higher standards than the Army-wide grading scale for promotions, awards, schools and similar actions. Such supplemental assessment shall not constitute the baseline physical fitness assessment of record for the Army unless it is incorporated into the Army Physical Fitness Test using the procedure described in subsection (b). 558. Opt-out sharing of information on members retiring or separating from the Armed Forces with community-based organizations and related entities Section 570F of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 10 U.S.C. 1142 (1) in subsection (c)— (A) by striking out the form to indicate an email address (1) an email address; and ; and (B) by adding at the end the following new paragraph: (2) if the individual would like to opt-out of the transmittal of the individual’s information to and through a State veterans agency as described in subsection (a). ; and (2) by amending subsection (d) to read as follows: (d) Opt-out of information sharing Information on an individual shall be transmitted to and through a State veterans agency as described in subsection (a) unless the individual indicates pursuant to subsection (c)(2) that the individual would like to opt out of such transmittal. . 559. Establishment of program to promote participation of foreign students in the Senior Reserve Officers' Training Corps (a) Establishment (1) In general Not later than January 1, 2025, the Secretary of Defense shall establish a program using the authority provided under section 2103(b) of title 10, United States Code, to promote the participation of foreign students in the Senior Reserve Officers' Training Corps (in this section referred to as the Program (2) Organization The Secretary of Defense, in consultation with the Director of the Defense Security Cooperation Agency, the Secretaries of the military departments, the commanders of the combatant commands, the participant institutions in the Senior Reserve Officers' Training Corps program, and any other individual the Secretary of Defense considers appropriate, shall be responsible for, and shall oversee, the Program. (b) Objective The objective of the Program is to promote the readiness and interoperability of the United States Armed Forces and the military forces of partner countries by providing a high-quality, cost effective military-based educational experience for foreign students in furtherance of the military-to-military program objectives of the Department of Defense and to enhance the educational experience and preparation of future United States military leaders through increased, extended interaction with highly qualified potential foreign military leaders. (c) Activities (1) In general Under the Program, the Secretary of Defense shall— (A) identify to the military services’ Senior Reserve Officers' Training Corps program the foreign students who, based on criteria established by the Secretary, the Secretary recommends be considered for admission under the Program; (B) coordinate with partner countries to evaluate interest in and promote awareness of the Program; (C) establish a mechanism for tracking an alumni network of foreign students who participate in the Program; and (D) to the extent practicable, work with the participant institutions in the Senior Reserve Officers' Training Corps program and partner countries to identify academic institutions and programs that— (i) have specialized academic programs in areas of study of interest to participating countries; or (ii) have high participation from or significant diaspora populations from participating countries. (d) Strategy (1) In general Not later than September 30, 2024, 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 strategy for the implementation of the Program. (2) Elements The strategy required by paragraph (1) shall include the following elements: (A) A governance structure for the Program, including— (i) the officials tasked to oversee the Program; (ii) the format of the governing body of the Program; (iii) the functions and duties of such governing body with respect to establishing and maintaining the Program; and (iv) mechanisms for coordinating with partner countries whose students are selected to participate in the Program. (B) A list of additional authorities, appropriations, or other congressional support necessary to ensure the success of the Program. (C) A description of targeted partner countries and participant institutions in the Senior Reserve Officers’ Training Corps for the first three fiscal years of the Program, including a rationale for selecting such initial partners. (D) A description of opportunities and potential timelines for future Program expansion, as appropriate. (E) A description of the mechanism for tracking the alumni network of participants of the Program. (F) Any other information the Secretary of Defense considers appropriate. (e) Report (1) In general Not later than September 20, 2025, and annually thereafter, the Secretary of Defense shall submit to the congressional defense committees (as defined in section 101 of title 10, United States Code) a report on the Program. (2) Elements Each report required by paragraph (1) shall include the following elements: (A) A narrative summary of activities conducted as part of the Program during the preceding fiscal year. (B) An overview of participant Senior Reserve Officers’ Training Corps programs, individuals, and countries, to include a description of the areas of study entered into by the students participating in the Program. (C) A description of opportunities and potential timelines for future Program expansion, as appropriate. (D) Any other information the Secretary of Defense considers appropriate. (f) Limitation on authority The Secretary of Defense may not use the authority provided under this section to pay for tuition or room and board for foreign students who participate in the Program. (g) Termination The Program shall terminate on December 31, 2029. 560. Consideration of standardized test scores in military service academy application process The Secretary of Defense shall ensure that the United States Military Academy, the United States Naval Academy, and the United States Air Force Academy require the submission and consideration of standardized test scores as part of the their application processes. 560A. Extension of Troops for Teachers program to the Job Corps Section 1154 of title 10, United States Code, is amended— (1) in subsection (a)— (A) in paragraph (2)— (i) in subparagraph (A)(ii), by striking ; or (ii) in subparagraph (B), by striking the period at the end and inserting ; or (iii) by adding at the end the following new subparagraph: (C) a Job Corps center as defined in section 147 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3197 ; and (B) in paragraph (3)— (i) in subparagraph (B), by striking ; or (ii) in subparagraph (C), by striking the period at the end and inserting ; or (iii) by adding at the end the following new subparagraph: (D) a Job Corps center as defined in section 147 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3197 ; (2) in subsection (d)(4)(A)(ii), by inserting or Job Corps centers secondary schools (3) in subsection (e)(2)(E), by inserting or Job Corps center secondary school F Military Family Readiness and Dependents' Education 561. Pilot program on recruitment and retention of employees for child development programs (a) In general The Secretary of Defense may develop and implement a pilot program to assess the effectiveness of increasing compensation for employees of child development programs on military installations in improving the ability of such programs to recruit and retain such employees. (b) Compensation If the Secretary implements the pilot program authorized by subsection (a), the Secretary shall provide for the payment of compensation to employees of child development programs under the pilot program at a fair and competitive wage in keeping with market conditions. (c) Selection of locations (1) In general If the Secretary implements the pilot program authorized by subsection (a), the Secretary shall select not fewer than five military installations for purposes of carrying out the pilot program. (2) Considerations In selecting military installations under paragraph (1), the Secretary shall consider military installations with child development programs— (A) with a shortage of qualified employees; or (B) subject to other conditions identified by the Secretary that affect the ability of the programs to operate at full capacity. (d) Regulations The Secretary may prescribe such regulations as are necessary to carry out this section. (e) Duration of pilot program If the Secretary implements the pilot program authorized by subsection (a), the pilot program shall— (1) commence on the date on which the Secretary prescribes regulations under subsection (d); and (2) terminate on the date that is 3 years after the date described in paragraph (1). (f) Briefings required (1) Initial briefing If the Secretary implements the pilot program authorized by subsection (a), the Secretary shall, when the pilot program commences in accordance with subsection (e)(1), brief the Committees on Armed Services of the Senate and the House of Representatives on— (A) the military installations selected under subsection (c) for purposes of carrying out the pilot program; and (B) the data that informed those selections. (2) Final briefing If the Secretary implements the pilot program authorized by subsection (a), the Secretary shall, not later than 180 days before the pilot program terminates in accordance with subsection (e)(2), brief the Committees on Armed Services of the Senate and the House of Representatives on the outcomes and findings of the pilot program, including— (A) data collected and analyses conducted under the pilot program with respect to the relationship between increased compensation for employees of child development programs and improved recruitment or retention of those employees; and (B) any recommendations with respect to increases in compensation for employees of child development programs across the Department of Defense as a result of the pilot program. (g) Child development program defined In this section, the term child development program 562. 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 2024 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 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 2024 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 20 U.S.C. 7703a (2) Additional amount Of the amount authorized to be appropriated for fiscal year 2024 pursuant to section 301 and available for operation and maintenance for Defense-wide activities as specified in the funding table in section 4301, $20,000,000 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, 2024, 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. 563. Modifications to 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) In general Section 575 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 ( 20 U.S.C. 7703d (1) in subsection (a)— (A) by striking year, the local educational agency (as determined year, the local educational agency had (as determined (B) by striking paragraph (2); (C) by redesignating subparagraphs (A) and (B) as paragraphs (1) and (2), respectively, and by moving such paragraphs, as so redesignated, two ems to the left; and (D) in paragraph (2), as redesignated by subparagraph (C), by striking ; or (2) in subsection (f)— (A) by striking The Secretary of Defense (1) In general The Secretary of Defense, acting through the Director of the Office of Local Defense Community Cooperation, ; and (B) by adding at the end the following: (2) Method of disbursement The Director shall make disbursements under paragraph (1) using existing authorities of the Office. ; (3) by striking subsection (h); and (4) by redesignating subsections (i) and (j) as subsections (h) and (i), respectively. (b) Briefing required Not later than March 1, 2024, the Director of the Office of Local Defense Community Cooperation shall brief the Committees of the Armed Services of the Senate and the House of Representatives on— (1) any additional authorities that would be helpful to the Office in its efforts to better support local educational agencies; and (2) any actions taken to implement the recommendations outlined in the March 2008 report entitled Update to the Report on Assistance to Local Educational Agencies for Defense Dependents Education Public Law 109–364 564. Assistance for military spouses to obtain doula certifications Section 1784a of title 10, United States Code, is amended by adding at the end the following new subsection: (f) Doula certifications In carrying out the programs authorized by subsection (a), the Secretary shall provide assistance to the spouse of a member of the armed forces described in subsection (b) in obtaining a doula certification provided by an organization that receives reimbursement under the extramedical maternal health providers demonstration project required by 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 . G Junior Reserve Officers' Training Corps 571. Expansion of Junior Reserve Officers’ Training Corps Section 2031 of title 10, United States Code, is amended— (1) in subsection (a)(1)— (A) by striking The President shall promulgate The Secretary of Defense shall promulgate (B) by striking maintained, and shall provide maintained. (2) by adding at the end the following new subsection: (g) (1) The Secretary of Defense shall establish and support not less than 3,400, and not more than 4,000, units of the Junior Reserve Officers’ Training Corps. (2) The requirement under paragraph (1) shall not apply— (A) if the Secretary fails to receive an adequate number of requests for Junior Reserve Officer’s Training Corps units by public and private secondary educational institutions; and (B) during a time of national emergency when the Secretaries of the military departments determine that funding must be allocated elsewhere. . 572. JROTC program certification Section 2031 of title 10, United States Code, is amended by adding at the end the following new subsection: (i) (1) The Secretary of Defense may suspend or place on probation a Junior Reserve Officers’ Training Corps unit that fails to comply with provisions of the standardized memorandum of understanding required pursuant to subsection (b). (2) Not later than one year after the date of the enactment of this subsection, and annually thereafter for four years, 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 including information on units suspended or placed on probation pursuant to this subsection and a justification for the reinstatement of any such unit. (3) A unit may be placed on probation for a period of up to three years for failing to comply with the provisions of the standardized memorandum of understanding or any other requirement in this section. A unit may be suspended if, after the three-year probationary period, such unit remains out of compliance with the requirements of this section, and the Secretary of the military department concerned determines that such suspension is necessary to mitigate program deficiencies or to protect the safety of program participants. . 573. Memorandum of understanding required Section 2031(b) of title 10, United States Code, is amended— (1) by redesignating paragraphs (1) through (5) as subparagraphs (A) through (E); (2) by inserting (1) (b) (3) in subparagraph (A), as redesignated by paragraph (1)— (A) by striking (A) (i) (B) by striking (B) (ii) (4) by amending subparagraph (E), as so redesignated, to read as follows: the unit meets such other requirements as the Secretary of the military department concerned proscribes in the memorandum of understanding required under this subsection. (5) by adding at the end the following new paragraph: (2) The Secretary of Defense shall issue regulations establishing a standardized memorandum of understanding to be signed by the Secretary of the military department concerned and each institution operating a unit under this section. The memorandum shall address the following matters: (A) A requirement for institutions to notify the appropriate armed force of allegations of misconduct against an instructor receiving retired or other pay from such armed force, including procedures that would require such institutions to report allegations of sexual misconduct, including harassment, against an instructor, within 48 hours of learning of such allegations; (B) Processes by which the military departments certify instructors, including the conduct of appropriate background checks by the military service and the institution concerned. (C) Processes by which the military service will conduct oversight of their certified instructors, including the requirement to recertify instructors not less often than once every five years. (D) Processes by which such institution’s program will be inspected by the military department concerned prior to establishment of a new unit, or not less often than once every four years in the case of units existing as of January 1, 2024, staggered as the Secretary determines appropriate. (E) A requirement that each institution certifies it— (i) has created a process for students to report violations of their rights under title IX of the Education Amendments of 1972 ( 20 U.S.C. 1681 et seq. 42 U.S.C. 2000d et seq. (ii) has implemented policies ensuring students and instructors are notified of those rights, as well as the process for reporting violations of those rights, including information on available mandatory reporters, if such laws apply to the institution; (iii) has implemented annual training to inform students of methods to prevent, respond to, and report sexual assault and harassment; (iv) agrees to report all allegations of violations described under this subparagraph to the military department concerned and, if subject to the jurisdiction of the Department of Education, the Department of Education’s Office of Civil Rights not less often than annually; (v) has developed processes to ensure that each student enrolled in a unit under this section has done so voluntarily; and (vi) agrees to provide the data necessary to compile the report required under subsection (j). . 574. Junior Reserve Officers’ Training Corps instructor compensation Section 2031 of title 10, United States Code, is amended— (1) by amending subsection (d) to read as follows: (d) (1) Instead of, or in addition to, detailing officers and noncommissioned officers on active duty under subsection (c)(1), the Secretary of the military department concerned may authorize qualified institutions to employ, as administrators and instructors in the program— (A) retired officers and noncommissioned officers whose qualifications are approved by the Secretary and the institution concerned and who request such employment; (B) officers and noncommissioned officers who are separated with an honorable discharge within the past 5 years with at least 8 years of service and are approved by the Secretary and the institution concerned and who request such employment; or (C) officers and noncommissioned officers who 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 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 Standardized Instructor Pay Scale (JSIPS) 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). ; (2) by striking subsections (e) and (f); and (3) by redesignating subsections (g) and (h) as subsections (e) and (f), respectively. 575. Annual report on allegations of sexual misconduct in JROTC programs Section 2031 of title 10, United States Code, as amended by section 572 of this Act, is further amended by adding at the end the following new subsection: (j) (1) Not later than March 31, 2024, and annually thereafter through March 31, 2029, the Secretary of Defense shall submit to Committees on Armed Services of the Senate and the House of Representatives a report on allegations of sexual misconduct, sexual harassment, and sex discrimination in JROTC programs during the preceding year. (2) Each report required under paragraph (1) shall set forth the following: (A) The number of reported allegations of violations under title IX of the Education Amendments of 1972 ( 20 U.S.C. 1681 et seq. (i) the number of such reported allegations that were investigated; (ii) the outcome of those investigations; and (iii) the number of such reported allegations by State, the District of Columbia, or overseas location where these reports occurred. (B) The number of reports that the Department of Defense or military services have received during the reporting period involving allegations of acts of violence, including sexual abuse or harassment, by instructors against students in the JROTC program, including— (i) the offense involved; (ii) the military service involved; (iii) the number of instructors and number of allegations they each received; (iv) the number of reports of sexual misconduct and harassment that have been investigated; (v) the number of reports or investigations that have led to the removal of instructors from JROTC programs; and (vi) the number of such reported allegations by State, the District of Columbia, or overseas location where these reports occurred. (C) Any steps the Department of Defense has taken to mitigate sexual misconduct and harassment in JROTC programs during the preceding year. (3) Each report required under paragraph (1) shall be submitted in unclassified form and may not be marked as controlled unclassified information. (4) The Secretary shall annually report to the Committees on Armed Services of the Senate and the House of Representatives regarding compliance with this subsection by the JROTC program, including an up-to-date report on the Secretary’s monitoring of such compliance. (5) The Secretary may seek the advice and counsel of the Attorney General and the Secretary of Health and Human Services concerning the development and dissemination to the JROTC program of best practices information about preventing and responding to incidents of domestic violence, dating violence, sexual assault, and stalking, including elements of institutional policies that have proven successful based on evidence-based outcome measurements. (6) No officer, employee, or agent of an institution participating in any program under this chapter shall retaliate, intimidate, threaten, coerce, or otherwise discriminate against any individual for exercising their rights or responsibilities under any provision of this subsection. . 576. Comptroller General report on efforts to increase transparency and reporting on sexual violence in the Junior Reserve Officers’ Training Corps Program (a) In general Not later than one year after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the appropriate congressional committees a report on efforts to increase transparency and reporting on sexual violence in the Junior Reserve Officers’ Training Corps Program. (b) Elements The report required under subsection (a) shall include a description of the following: (1) The implementation of section 2031 of title 10, United States Code, as amended by sections 572, 573, and 575 of this Act. (2) The adequacy of the Department of Defense’s vetting process for Junior Reserve Officers’ Training Corps instructors. (3) The Department of Defense and the Department of Education’s oversight of compliance of units with respect to title IX of the Education Amendments of 1972 ( 20 U.S.C. 1681 et seq. 42 U.S.C. 2000d et seq. (4) Any changes in the numbers of sexual harassment, assault, or stalking incidents reported to institutions or law enforcement agencies. (5) The sufficiency of military department unit inspections. (c) Appropriate congressional committees defined In this section, the term appropriate congressional committees H Decorations and other awards, miscellaneous reports and other matters 581. Extension of deadline for review of World War I valor medals Section 584(f) of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 10 U.S.C. 7271 six years after the date of the enactment of this Act December 31, 2028 582. Prohibition on former members of the Armed Forces accepting post-service employment with certain foreign governments (a) In general Chapter 49 989. Prohibition on former members of the armed forces accepting post-service employment with certain foreign governments (a) In general Except as provided by subsection (b), a covered individual may not occupy a covered post-service position. (b) Temporary waiver (1) In general The Secretary of Defense shall establish a process under which a covered individual may be granted a temporary waiver of the prohibition under subsection (a) if— (A) the individual, or a Federal agency on behalf of, and with the consent of, the individual, submits to the Secretary a written application for a waiver in such form and manner as the Secretary determines appropriate; and (B) the Secretary determines that the waiver is necessary to advance the national security interests of the United States. (2) Period of waiver A waiver issued under paragraph (1) shall apply for a period not exceeding 5 years. The Secretary may renew such a waiver. (3) Revocation The Secretary may revoke a waiver issued under paragraph (1) to a covered individual with respect to a covered-post service position if the Secretary determines that the employment of the individual in the covered-post service position poses a threat to national security. (4) Notification (A) In general Not later than 30 days after the date on which the Secretary issues a waiver under paragraph (1) or revokes a waiver under paragraph (3), the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives written notification of the waiver or revocation, as the case may be. (B) Elements A notification required by subparagraph (A) shall include the following: (i) With respect to a waiver issued to a covered individual— (I) the details of the application, including the position held by the individual in the armed forces; (II) the nature of the post-service position of the individual; (III) a description of the national security interests that will be advanced by reason of issuing such a waiver; and (IV) the specific reasons why the Secretary determines that issuing the waiver will advance such interests. (ii) With respect to a revocation of a waiver issued to a covered individual— (I) the details of the waiver, including any renewals of the waiver, and the dates of such waiver and renewals; and (II) the specific reasons why the Secretary determined that the revocation is warranted. (c) Certification of prohibition In implementing the prohibition under subsection (a), the Secretary shall establish a process under which each member of the armed forces is, before the member retires or is otherwise separated from the armed forces— (1) informed in writing of the prohibition, and the penalties for violations of the prohibition; and (2) is required to certify that the member understands the prohibition and those penalties. (d) Penalties In the case of a covered individual who knowingly and willfully fails to comply with the prohibition under subsection (a), the Secretary shall, as applicable— (1) withhold any pay, allowances, or benefits that would otherwise be provided to the individual by the Department of Defense; and (2) revoke any security clearance of the individual. (e) Annual reports (1) Requirement Not later than March 31, 2024, and annually thereafter, the Secretary shall submit to the congressional defense committees a report on covered post-service employment occurring during the year covered by the report. (2) Elements Each report required by paragraph (1) shall include the following: (A) The number of former covered individuals who occupy a covered post-service position, broken down by— (i) the name of the employer; (ii) the foreign government, including by the specific foreign individual, agency, or entity, for whom the covered post-service employment is being performed; and (iii) the nature of the services provided as part of the covered post-service employment. (B) An assessment by the Secretary of whether— (i) the Department of Defense maintains adequate systems and processes for ensuring that former members of the armed forces are submitting required reports relating to their employment by foreign governments; (ii) all covered individuals who occupy a covered post-service position are in compliance with this section; (iii) the services provided by the covered individuals who occupy a covered post-service position pose a current or future threat to the national security of the United States; and (iv) there is any credible information or reporting that any covered individual who occupies a covered post-service position has engaged in activities that violate Federal law. (3) Form of report Each report required by paragraph (1) shall be submitted in unclassified form, but may include a classified annex. (f) Notifications of determinations of certain threats (1) Requirement In addition to the annual reports under subsection (d), if the Secretary determines that the services provided by a covered individual who occupies a covered post-service position pose a threat described in clause (iii) of paragraph (2)(B) of that subsection, or include activities described in clause (iv) of such paragraph, the Secretary shall notify the congressional defense committees of that determination by not later than 30 days after making the determination. (2) Elements A notification required by paragraph (1) shall include the following: (A) The name of the covered individual. (B) The name of the employer. (C) The foreign government, including the specific foreign individual, agency, or entity, for whom the covered post-service employment is being performed. (D) As applicable, a description of the risk to national security and the activities that may violate Federal law. (g) Rule of construction Nothing in this section may be construed to indemnify or shield covered individuals from prosecution under any relevant provision of title 18. (h) Definitions In this section: (1) Covered individual The term covered individual (2) Covered post-service employment The term covered post-service employment (A) the government of— (i) a country of concern (as defined in section 1(m) of the State Department Basic Authorities Act of 1956 ( 22 U.S.C. 2651a(m) (ii) a country the Secretary of Defense determines acts as a proxy or passthrough for services for a country of concern; or (B) any company, entity, or other person the activities of which are directly or indirectly supervised, directed, controlled, financed, or subsidized, in whole or in major part, by a government described in subparagraph (A). (3) Covered post-service position The term covered post-service position . (b) Clerical amendment The table of sections at the beginning of chapter 49 of such title is amended by adding at the end the following new item: 989. Prohibition on former members of the armed forces accepting post-service employment with certain foreign governments. . (c) Conforming amendment Section 908 of title 37, United States Code, is amended by adding at the end the following new subsection: (f) Prohibition on former members of armed forces accepting employment with certain foreign governments For a provision of law prohibiting former members of the armed forces from accepting post-service employment with certain foreign governments, see section 989 of title 10. . 583. Prohibition on requiring listing of gender or pronouns in official correspondence The Department of Defense is prohibited from requiring members of the Armed Forces or civilian employees of the Department of Defense to list their gender or pronouns in official correspondence, whether such correspondence is written or electronic. I Enhanced recruiting efforts 591. Short title This subtitle may be cited as the Military Service Promotion Act of 2023 592. Increased access to potential recruits at secondary schools Section 503(c) of title 10, United States Code, is amended— (1) in paragraph (1)— (A) in subparagraph (A)— (i) in clause (i), by striking ; and (ii) by redesignating clause (ii) as clause (iii); (iii) by inserting after clause (i) the following new clause: (ii) shall provide to military recruiters access to career fairs or similar events upon a request made by military recruiters for military recruiting purposes; and ; and (iv) in clause (iii), as redesignated by subparagraph (B), by inserting , not later than 60 days after receiving such request, provide (B) in subparagraph (B), by striking subparagraph (A)(ii) subparagraph (A)(iii) (2) by redesignating paragraph (6) as paragraph (7); and (3) by inserting after paragraph (5) the following new paragraph: (6) The Secretary of Defense shall submit an annual report to Congress not later than February 1 each calendar year, detailing each notification of denial of recruiting access issued under paragraph (3). . 593. Increased access to potential recruits at institutions of higher education Section 983(b) of title 10, United States Code, is amended— (1) in paragraph (1), by striking ; or (2) in paragraph (2)— (A) by striking to the following information pertaining , with respect (B) by striking institution): institution)— (C) in subparagraph (A)— (i) by striking Names names (ii) by striking telephone listings. telephone listings, which information shall be made available not later than the 60th day following the date of a request; and (D) in subparagraph (B), by striking Date date VI COMPENSATION AND OTHER PERSONNEL BENEFITS A Pay and Allowances 601. Pay of members of reserve components for inactive-duty training to obtain or maintain an aeronautical rating or designation (a) In general Chapter 3 section 206 206a. Pay of members of reserve components for inactive-duty training to obtain or maintain an aeronautical rating or designation Under regulations prescribed by the Secretary concerned, a member of the National Guard or a member of a reserve component of a uniformed service who is receiving aviation incentive pay under section 334(a) of this title and is entitled to compensation under section 206 of this title is entitled to such compensation for a number of periods of inactive-duty training each month sufficient for the member to obtain or maintain an aeronautical rating or designation. . (b) Clerical amendment The table of sections at the beginning of chapter 3 of such title is amended by inserting after the item relating to section 206 the following new item: 206a. Pay of members of reserve components for inactive-duty training to obtain or maintain an aeronautical rating or designation. . 602. Modification of calculation method for basic allowance for housing to more accurately assess housing costs of junior members of uniformed services Section 403(b)(5) of title 37, United States Code, is amended, in the second sentence, by striking and shall be based on the following: determined in subparagraph (A) 603. Basic allowance for housing for members assigned to vessels undergoing maintenance Section 403(f)(2) of title 37, United States Code, is amended— (1) in subparagraph (A), by striking subparagraphs (B) and (C) subparagraphs (B), (C), and (D) (2) by adding at the end the following new subparagraph: (D) (i) Under regulations prescribed by the Secretary concerned, the Secretary may authorize the payment of a basic allowance for housing to a member of a uniformed service without dependents who is serving in a pay grade below E–6 and has orders to a naval vessel during a shipyard availability or maintenance period. (ii) In prescribing regulations under clause (i), the Secretary concerned shall consider the availability of quarters for members serving in pay grades below E–6 before authorizing the payment of a basic allowance for housing for such members. . 604. Dual basic allowance for housing for training for certain members of reserve components Section 403(g)(3) of title 37, United States Code, is amended— (1) by striking Paragraphs (A) Except as provided by subparagraph (B), paragraphs (2) by adding at the end the following new subparagraph: (B) Paragraphs (1) and (2) shall apply with respect to a member of a reserve component without dependents who is called or ordered to active duty to attend training for a period of 140 days or more but fewer than 365 days and for whom transportation of household goods is authorized under section 453(c) of this title as part of the call or order to active duty. . 605. Modification of calculation of gross household income for basic needs allowance to address areas of demonstrated need (a) In general Section 402b(k)(1)(B) of title 37, United States Code, is amended by inserting or that otherwise has a demonstrated need high cost of living (b) Implementation guidance The Secretary of Defense shall revise the guidance issued with respect to implementation of the basic needs allowance under section 402b of title 37, United States Code, to reflect the amendment made by subsection (a). 606. Expansion of eligibility for reimbursement of qualified licensure, certification, and business relocation costs incurred by military spouses Section 453(g)(1) of title 37, United States Code, is amended— (1) in subparagraph (A)— (A) by striking member is reassigned (i) reassigned ; (B) by striking ; and ; or (C) by adding at the end the following new clause: (ii) transferred from a regular component of a uniformed service into the Selected Reserve of the Ready Reserve of a uniformed service, if the member is authorized a final move from the last duty station to the new jurisdiction or geographic area; and ; and (2) in subparagraph (B), by inserting or transfer reassignment 607. Cost-of-living allowance in the continental United States: high cost areas Section 403b(c) of title 37, United States Code, is amended— (1) in the second sentence, by striking 8 percent 5 percent (2) in the third sentence, by striking shall prescribe may prescribe 608. OCONUS cost-of-living allowance: adjustments Section 617 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 ( Public Law 117–263 (1) in the section heading, by striking ; notice to certain congressional committees (2) by striking subsections (a), (b), and (c) and inserting the following: (a) In general Subject to subsections (b) and (c), the Secretary of Defense may announce reductions in the cost-of-living allowance for a member of the uniformed services assigned to a duty station located outside the continental United States— (1) not more than two times per year; or (2) in connection with a permanent change of station for such member. (b) Limitation on size of reductions The Secretary may not make a reduction under subsection (a) in the allowance described in that subsection by an amount that exceeds 10 percent of the amount of the allowance before the reduction. (c) Treatment of reductions relating to foreign currency exchange rates The limitations under subsections (a) and (b) shall not apply to reductions in the allowance described in subsection (a) relating to changes in foreign currency exchange rates. (d) Implementation of reductions The Secretary may phase in the reductions described in subsection (a). (e) Increases The Secretary may increase the allowance described in subsection (a) for a member of the uniformed services at any time. . 609. Extension of one-time uniform allowance for officers who transfer to the Space Force Section 606(d)(1) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 37 U.S.C. 416 September 30, 2023 September 30, 2025 610. Review of rates of military basic pay (a) In general The Secretary of Defense shall conduct a review of the rates of monthly basic pay authorized for members of the uniformed services to determine if the current basic pay table adequately compensates junior enlisted personnel in pay grades E–1 through E–4. (b) Factors for review In conducting the review required by subsection (a), the Secretary shall conduct the following: (1) An assessment of the adequacy of the rates of monthly basic pay for members of the uniformed services in light of current and predicted recruiting difficulties. (2) An analysis of how such basic pay, when combined with other elements of regular compensation for members of the uniformed services, compares with private sector wages for potential recruits to the uniformed services. (3) An assessment of how sustained periods of cost inflation affect pay for the uniformed services and comparable private sector wages. (4) An historical analysis of how percentage differences between junior enlisted basic pay, senior enlisted basic pay, junior officer basic pay, and senior officer basic pay, have changed since the rates of basic pay for members of the uniformed services were authorized by section 601 of the John Warner National Defense Authorization Act for Fiscal Year 2007 ( Public Law 109–364 37 U.S.C. 1009 (c) Report and legislative proposal required Not later than March 1, 2024, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives— (1) a report on the results of the review required by subsection (a); and (2) a comprehensive legislative proposal for the rates of basic pay for members of the uniformed services. 611. Government Accountability Office study on process for determining cost-of-living allowances for members of the uniformed services assigned to the continental United States, Hawaii, Alaska, and overseas locations (a) In general The Comptroller General of the United States shall conduct a study on the process for determining cost-of-living allowances for members of the uniformed services stationed in the continental United States, Hawaii, Alaska, and at overseas locations. (b) Elements In conducting the study required by subsection (a), the Comptroller General shall assess— (1) the fairness and equity of the process for determining cost-of-living allowances described in subsection (a) and methods for improving that process; (2) the advantages and disadvantages of averaging the results of continental United States Living Pattern Surveys and Retail Price Schedules without regard to the geographic concentration of members of the uniformed services within the continental United States when determining the baseline cost of living for the continental United States; (3) if additional out-of-pocket expenses, including the costs for a member of the uniformed services to travel to and from the home of record of the member from the assigned duty station of the member, should be included in the calculations of the Department of Defense for determining overseas cost-of-living allowances to better equalize the true costs of living for members stationed outside the continental United States with such costs for members stationed inside the continental United States; and (4) the process by which the Department of Defense conducts Living Pattern Surveys and develops Retail Price Schedules. (c) Report required Not later than one year after the date of the enactment of this Act, the Comptroller General shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report— (1) setting forth the results of the study required by subsection (a); and (2) making any recommendations the Comptroller General considers appropriate based on those results, including any recommendations for changes to section 403b or 405 of title 37, United States Code. B Bonus and Incentive Pays 621. Modification of special and incentive pay authorities for members of reserve components (a) In general Section 357 of title 37, United States Code, is amended— (1) by striking incentive pay special or incentive pay (2) by striking the period at the end and inserting the following: “if the Secretary concerned is paying the member of the reserve component the special or incentive pay for the purpose of— (1) maintaining a skill certification or proficiency identical to a skill certification or proficiency required of the member in the regular component; or (2) compensating the member of the reserve component for exposure to hazards or risks identical to hazards or risks to which the member in the regular component was exposed. . (b) Conforming and clerical amendments (1) Conforming amendment The section heading for section 357 of title 37, United States Code, is amended by striking Incentive Special and incentive (2) Clerical amendment The table of sections for chapter 5 of such title is amended by striking the item relating to section 357 and inserting the following new item: 357. Special and incentive pay authorities for members of the reserve components of the armed forces. . (c) Modification of implementation determination Section 602(d) of the National Defense Authorization Act for Fiscal Year 2022 ( Public Law 117–81 37 U.S.C. 357 (1) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and by moving such subparagraphs, as so redesignated, two ems to the right; (2) by striking The Secretary may (1) In general The Secretary shall ; (3) in subparagraph (A), as redesignated by paragraph (1), by striking subsection (b) subsection (c) (4) by adding at the end the following new paragraph: (2) Evaluation of types of special and incentive pay In making the determination and certification described in paragraph (1)(B), the Secretary shall evaluate each type or category of special and incentive pay separately and may make the determination and certification based on the effect on an Armed Force concerned of a particular type or category of special or incentive pay. . 622. Expansion of continuation pay eligibility (a) Continuation pay: full TSP members with 8 to 12 years of service Section 356 of title 37, United States Code, is amended— (1) in the section heading, by striking 8 7 (2) in subsections (a)(1) and (d), by striking 8 7 (b) Clerical amendment The table of sections at the beginning of chapter 5 of such title is amended by striking the item relating to section 356 and inserting the following new item: 356. Continuation pay: full TSP members with 7 to 12 years of service. . 623. 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, 2023 December 31, 2024 (b) Title 10 authorities relating to health care professionals The following sections of title 10, United States Code, are amended by striking December 31, 2023 December 31, 2024 (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, 2023 December 31, 2024 (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, 2023 December 31, 2024 (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 351(h), relating to hazardous duty pay. (7) Section 352(g), relating to assignment pay or special duty pay. (8) Section 353(i), relating to skill incentive pay or proficiency bonus. (9) Section 355(h), relating to retention incentives for members qualified in critical military skills or assigned to high priority units. (e) Authorities to provide temporary increase in rates of basic allowance for housing Section 403(b) of title 37, United States Code, is amended— (1) in paragraph (7)(E), relating to temporary increases in rates of basic allowance for areas covered by a major disaster declaration or containing an installation experiencing a sudden influx of military personnel, by striking December 31, 2023 December 31, 2024 (2) in paragraph (8)(C), relating to temporary adjustments in rates of basic allowance for housing for localities where actual housing costs differ from current rates of basic allowance for housing by more than 20 percent, by striking September 30, 2023 December 31, 2024 624. Requirement to establish remote and austere condition assignment incentive pay program for Air Force The Secretary of the Air Force shall— (1) evaluate the Remote and Austere Condition Assignment Incentive Pay program of the Army; and (2) not later than October 1, 2025, establish a similar program for the Air Force, unless the Secretary can certify to Congress that there are no critically manned units at any Air Force installation in Alaska. 625. Extension of travel allowance for members of the Armed Forces assigned to Alaska Section 603(b)(5)(B) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 ( Public Law 117–263 December 31, 2023 June 30, 2024 C Other Matters 631. Modification of requirements for approval of foreign employment by retired and reserve members of uniformed services Section 908 of title 37, United States Code, is amended— (1) in subsection (b)— (A) by striking A person (1) A person (B) by inserting after determining that such approval is not contrary to the national interests of the United States approve the employment (C) by adding at the end the following new paragraph: (2) The Secretary of a military department may delegate the determination of the Secretary required by paragraph (1) only to an official of the military department at or above the level of an Assistant Secretary or, in the event of a vacancy in the position of such an official, a civilian official performing the duties of that position. ; and (2) in subsection (d)— (A) in paragraph (2)— (i) in the matter preceding subparagraph (A), by striking an officer a person (ii) by striking subparagraphs (B) and (C) and inserting the following new subparagraphs: (B) A description of the duties, if any, the person is to perform and the compensation the person is to receive for such duties, as reflected in the person’s application for approval of the employment or compensation or payment or award. (C) The position the person held or holds in the armed forces, including the rank of the person and the armed force in which the person served. (D) Any other information the Secretaries of the military departments consider relevant, except that such information may not include the person’s date of birth, Social Security number, home address, phone number, or any other personal identifier other than the name and rank of the person and the armed force in which the person served. ; and (B) by adding at the end the following new paragraph: (3) Not later than 60 days after the date on which a report required by paragraph (1) is submitted, the Secretaries of the military departments shall make the report, and all contents of the report, available on a publicly accessible internet website. . 632. Restrictions on retired and reserve members of the Armed Forces receiving employment and compensation indirectly from foreign governments through private entities Section 908(a) of title 37, United States Code, is amended— (1) by redesignating paragraphs (1), (2), and (3) as subparagraphs (A), (B), and (C), respectively, and by moving such subparagraphs, as so redesignated, 2 ems to the right; (2) by striking Subject to (1) In general Subject to ; (3) in subparagraph (C), as redesignated, by striking Commissioned Reserve Corps Ready Reserve Corps (4) by adding at the end the following new paragraph: (2) Application to private entities (A) In general The acceptance by a person described in subparagraph (B) of employment (and compensation related to that employment) or payments or awards for work performed for a foreign government through a private entity shall be subject to the provisions of this section to the same extent and in the same manner as such provisions apply to employment (and compensation related to that employment) and payments and awards described in paragraph (1). (B) Persons described A person described in this subparagraph is— (i) a retired member of the Army, Navy, Air Force, Marine Corps, or Space Force; or (ii) a member of a reserve component of an armed force specified in clause (i), except a member serving on active duty under a call or order to active duty for a period in excess of 30 days. . VII Health Care Provisions A TRICARE and Other Health Care Benefits 701. Extension of period of eligibility for health benefits under TRICARE Reserve Select for survivors of a member of the Selected Reserve (a) In general Section 1076d(c) of title 10, United States Code, is amended by striking six months three years (b) Effective date The amendment made by subsection (a) shall take effect on October 1, 2025. 702. Authority to provide dental care for dependents located at certain remote or isolated locations Section 1077(c) of title 10, United States Code, is amended— (1) in paragraph (1), by striking paragraph (2) paragraphs (2) and (3) (2) by adding at the end the following new paragraph: (3) (A) Dependents who reside within a specified geographic area and are covered by a dental plan established under section 1076a may receive dental care in a dental treatment facility of the uniformed services on a space available basis if the Secretary of Defense determines that— (i) civilian dental care within the specified geographic area is inadequate or is not sufficiently available; and (ii) adequate resources exist to provide space available dental care to the dependents at the facility. (B) Care under subparagraph (A) shall be provided on a reimbursable basis. . 703. Inclusion of assisted reproductive technology and artificial insemination as required primary and preventive health care services for members of the uniformed services and dependents (a) Members of the uniformed services Section 1074d of title 10, United States Code, is amended— (1) in subsection (a)(2)— (A) by striking entitled to preventive (A) preventive ; (B) in subparagraph (A), as designated by subparagraph (A) of this paragraph, by striking the period at the end and inserting ; and (C) by adding at the end the following new subparagraph: (B) for male members of the uniformed services (excluding former members of the uniformed services), services relating to infertility described in subsection (b)(4). ; and (2) by adding at the end the following new subsection: (c) Infertility services included for members of the uniformed services Services relating to infertility required to be provided under subsections (a)(2)(B) and (b)(4) for members of the uniformed services (excluding former members of the uniformed services) shall include the following: (1) Treatments or procedures using assisted reproductive technology (as defined in section 8 of the Fertility Clinic Success Rate and Certification Act of 1992 ( 42 U.S.C. 263a–7(1) (2) The provision of artificial insemination, including intrauterine insemination, without regard to coital conception. . (b) Dependents Section 1077(a) (19) Services relating to infertility, including the services specified in section 1074d(c) . (c) Exclusion from contracts for former members and their dependents Section 1086 (1) in subsection (c), in the matter preceding paragraph (1), by striking subsection (d) subsections (d) and (j) (2) by adding at the end the following new subsection: (j) A plan contracted for under subsection (a) may not include coverage for services under section 1077(a)(19) . (d) Application The amendments made by this section shall apply to services provided on or after January 1, 2025. (e) Rule of construction Nothing in this section or the amendments made by this section shall be construed provide new benefits to or alter existing benefits for former members of the uniformed services or the dependents of former members of the uniformed services. 704. Program on treatment of members of the Armed Forces for post-traumatic stress disorder, traumatic brain injuries, and co-occurring disorders related to military sexual trauma (a) Establishment of program (1) In general Chapter 55 section 1074o 1074p. Program on treatment of members of the armed forces for post-traumatic stress disorder, traumatic brain injuries, and co-occurring disorders related to military sexual trauma (a) In general The Secretary of Defense shall carry out a program to provide intensive outpatient programs to treat members of the Armed Forces suffering from post-traumatic stress disorder, traumatic brain injuries, and co-occurring disorders related to military sexual trauma, including treatment for substance abuse, depression, and other issues related to such conditions. (b) Discharge through partnerships The Secretary shall carry out the program under subsection (a) through partnerships with public, private, and non-profit health care organizations, universities, and institutions that— (1) provide health care to members of the armed forces; (2) provide evidence-based treatment for psychological and neurological conditions that are common among members of the armed forces, including post-traumatic stress disorder, traumatic brain injury, substance abuse, and depression; (3) provide health care, support, and other benefits to family members of members of the armed forces; and (4) provide health care under the TRICARE program. (c) Program activities Each organization, university, or institution that participates in a partnership under the program under subsection (a) shall— (1) carry out intensive outpatient programs of short duration to treat members of the armed forces suffering from post-traumatic stress disorder, traumatic brain injuries, and co-occurring disorders related to military sexual trauma, including treatment for substance abuse, depression, and other issues related to such conditions; (2) use evidence-based and evidence-informed treatment strategies in carrying out such programs; (3) share clinical and outreach best practices with other organizations, universities, and institutions participating in the program under subsection (a); and (4) annually assess outcomes for members of the armed forces individually and among the organizations, universities, and institutions participating in the program under subsection (a) with respect to the treatment of conditions described in paragraph (1). . (2) Clerical amendment The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1074o the following new item: 1074p. Program on treatment of members of the armed forces for post-traumatic stress disorder, traumatic brain injuries, and co-occurring disorders related to military sexual trauma. . (b) Reports (1) Initial report Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the program under section 1074p of title 10, United States Code, as added by subsection (a), which shall include a description of the program and such other matters on the program as the Secretary considers appropriate. (2) Additional report Not later than two years after commencement of implementation of the program under section 1074p of title 10, United States Code, as added by subsection (a), the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the program, which shall include the following: (A) A description of the program, including the partnerships under the program as described in subsection (b) of such section, as so added. (B) An assessment of the effectiveness of the program and the activities under the program. (C) Such recommendations for legislative or administrative action as the Secretary considers appropriate in light of the program. (c) Conforming repeal (1) In general Section 702 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 10 U.S.C. 1092 (2) Clerical amendment The table of contents at the beginning of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 705. Waiver of cost-sharing for three mental health outpatient visits for certain beneficiaries under the TRICARE program (a) TRICARE Select Section 1075(c) of title 10, United States Code, is amended by adding at the end the following new paragraph: (4) (A) Consistent with other provisions of this chapter and subject to requirements to be prescribed by the Secretary, the Secretary may waive cost-sharing requirements for the first three outpatient mental health visits each year of any of the following beneficiaries: (i) Beneficiaries in the active-duty family member category. (ii) Beneficiaries covered by section 1110b (B) This paragraph shall terminate on the date that is five years after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2024 . (b) TRICARE Prime Section 1075a(a) (4) (A) Consistent with other provisions of this chapter and subject to requirements to be prescribed by the Secretary, the Secretary may waive cost-sharing requirements for the first three outpatient mental health visits each year of a beneficiary in the active-duty family member category (as described in section 1075(b)(1)(A) (B) This paragraph shall terminate on the date that is five years after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2024 . 706. Expansion of doula care furnished by Department of Defense (a) Expansion of extramedical maternal health providers demonstration project 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 (1) by redesignating subsections (e) through (h) as subsections (f) through (i), respectively; and (2) by inserting after subsection (d) the following new subsection (e): (e) Coverage of doula care Not later than 90 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2024 (1) by members of the Armed Forces on active duty; (2) by beneficiaries outside the continental United States; and (3) at military medical treatment facilities. . (b) Hiring of doulas The hiring authority for each military medical treatment facility may hire a team of doulas to work in coordination with lactation support personnel or labor and delivery units at such facility. 707. Sense of Congress on access to mental health services through TRICARE It is the sense of Congress that the Secretary of Defense should take all necessary steps to ensure members of the National Guard and the members of their families who are enrolled in TRICARE have timely access to mental and behavioral health care services through the TRICARE program. B Health Care Administration 711. Increase in stipend for participants in health professions scholarship and financial assistance programs Section 2121(d) of title 10, United States Code, is amended, in the matter preceding paragraph (1), by striking $30,000 $50,000 712. Financial relief for civilians treated in military medical treatment facilities (a) Interim final rule required The Secretary of Defense shall issue an interim final rule to implement as soon as possible after the date of the enactment of this Act section 1079b of title 10, United States Code. (b) Treatment of claims (1) In general Except as provided in paragraph (2), the Secretary shall hold in abeyance any claims under section 1079b of title 10, United States Code, until the interim final rule required under subsection (a) is in effect. (2) Exception Paragraph (1) does not apply to— (A) claims to third-party payers; or (B) administrative support provided to the Secretary by another Federal agency to assist the Secretary in the administration of section 1079b of title 10, United States Code. 713. Department of Defense Overdose Data Act of 2023 (a) Short title This section may be cited as the Department of Defense Overdose Data Act of 2023 (b) Annual report on military overdoses (1) In general Not later than 1 year after the date of the enactment of this Act, and annually thereafter, the Secretary of Defense shall submit to the appropriate congressional committees a report on the number of annual overdoses among servicemembers. (2) Contents The report required by paragraph (1) shall include the following: (A) The total number of servicemembers who suffered a fatal or nonfatal overdose during the previous calendar year, including— (i) demographic information, including gender, race, age, military department, military rank, pay grade, and station; (ii) the location of the fatal overdose, including whether the overdose was on a military base; and (iii) a list of the substances involved in the fatal overdose. (B) Of the servicemembers identified in subparagraph (A)— (i) the number of servicemembers who received mental health or substance use disorder services prior to a fatal or nonfatal overdose, including a description of whether such services were received from a private sector provider; (ii) the number of servicemembers with comorbid mental health diagnoses; (iii) the number of servicemembers who had been prescribed opioids, benzodiazepines, or stimulants; (iv) the number of servicemembers who had been categorized as high-risk and prescribed or provided naloxone prior to a fatal or nonfatal overdose; (v) the number of servicemembers who had a positive drug test prior to the fatal overdose, including any substance identified in such test; (vi) the number of servicemembers referred to, including by self-referral, or engaged in medical treatment, including medication treatment for opioid use disorder; (vii) with respect to each servicemember identified in clause (vi), whether the servicemember was referred after a positive drug test and the source of such referral; and (viii) the number of fatal overdoses and intentional overdoses. (C) An analysis of discernable patterns in fatal and nonfatal overdoses of servicemembers. (D) A description of existing or anticipated response efforts to fatal and nonfatal overdoses at military bases that have rates of fatal overdoses that exceed the average rate of fatal overdoses in the United States. (E) An assessment of the availability of substance use disorder treatment for servicemembers. (F) The number of medical facilities of, or affiliated with, the Department of Defense that have opioid treatment programs. (G) A description of punitive measures taken by the Secretary of Defense in response to substance misuse, substance use disorder, or overdose by servicemembers. (3) Privacy (A) In general Nothing in this subsection shall be construed to authorize the disclosure by the Secretary of Defense of personally identifiable information of servicemembers or military family members, including anonymized personal information that could be used to re-identify servicemembers or military family members. (B) Application of HIPAA In carrying out this subsection, the Secretary of Defense shall take steps to protect the privacy of servicemembers and military family members pursuant to regulations promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996 ( 42 U.S.C. 1320d–2 Public Law 104–191 (c) Standards for the use of materials to prevent overdose and substance use disorder Not later than 1 year after the date of the enactment of this Act, the Secretary of Defense shall establish standards for the distribution of, and training for the use of, naloxone or other medication for overdose reversal, opioid disposal materials, fentanyl test strips, and other materials to prevent or reverse overdoses, substance use disorder, or impacts related to substance misuse. (d) Sunset This section shall terminate on the date that is 5 years after the date of the enactment of this Act. (e) Definitions In this section: (1) Appropriate congressional committees The term appropriate congressional committees (A) the Committee on Armed Services of the Senate; and (B) the Committee on Armed Services of the House of Representatives. (2) Military family member The term military family member (3) Servicemember The term servicemember (A) a member of the Armed Forces; or (B) a member of the National Guard. 714. Modification of administration of medical malpractice claims by members of the uniformed services (a) In general Section 2733a of title 10, United States Code, is amended— (1) in subsection (a), by striking subsection (f) subsection (j) (2) in subsection (b)(6), by striking subsection (f) subsection (j) (3) in subsection (d)(1), by striking subsection (f) subsection (j) (4) by redesignating subsections (f) through (i) as subsections (j) through (m), respectively; and (5) by inserting after subsection (e) the following new subsections: (f) Expert medical opinions (1) The Secretary of Defense may not use an expert medical opinion from an individual in determining whether to allow, settle, and pay a claim under this section unless the individual is a board-certified physician. (2) No claim under this section may be denied on medical grounds until the Secretary obtains an expert medical opinion on the medical malpractice alleged under such claim from an individual who— (A) is not a member of the uniformed services or a civilian employee of the Department of Defense; and (B) does not have a business, medical, or personal relationship with the claimant. (3) If a claim under this section is denied, the Secretary shall provide to the claimant information regarding the identity and qualifications of any individual who provided an expert medical opinion upon which such denial is based. (g) Justification of denial If a claim under this section is denied, the Secretary of Defense shall provide the claimant with detailed reasoning justifying the denial of the claim, including— (1) copies of any written reports prepared by any expert upon which the denial is based; and (2) all records and documents relied upon in preparing such written reports. (h) Appeals (1) Any appeal from the denial of a claim under this section shall be considered by a third-party review board jointly established by the Chief Judge of the United States Court of Appeals for the Armed Forces and the Secretary of Defense. (2) The third-party review board established under paragraph (1) shall consist of not more than five members, all of whom who possess sufficient legal or medical background, or both. (3) A claimant under this section that seeks an appeal under paragraph (1) may submit the appeal directly to the third-party review board established under such paragraph. (4) In considering an appeal from the denial of a claim under this section, the third-party review board established under paragraph (1) shall, at the request of the claimant, allow for a hearing on the merits of the appeal in an adversarial nature. (5) The Secretary of Defense shall provide to a claimant seeking an appeal under paragraph (1) a copy of any response to the appeal that is submitted on behalf of the Department of Defense. (6) The third-party review board established under paragraph (1) shall not consist of any member of the uniformed services or civilian employee of the Department of Defense. (i) Treatment of non-economic damages (1) Any non-economic damages provided to a member of the uniformed services under this section may not be offset by compensation provided or expected to be provided by the Department of Defense or the Department of Veterans Affairs. (2) (A) The Secretary of Defense shall establish a cap on non-economic damages to be provided with respect to a claim under this section. (B) (i) The cap established under subparagraph (A) shall be determined by calculating the average of non-economic damage caps for medical malpractice claims applicable in California, Texas, North Carolina, and Virginia. (ii) If a State specified in clause (i) provides a different cap for cases involving death and cases not involving death, the cap for cases not involving death shall be used. (C) The cap established under paragraph (1) shall be recalculated not less frequently than once every three years. . (b) Appointment of members Not later than 180 days after the date of the enactment of this Act, the Chief Judge of the United States Court of Appeals for the Armed Forces and the Secretary of Defense shall jointly appoint members to the board established under subsection (h)(1) of section 2733a of title 10, United States Code, as added by subsection (a)(5). (c) Report Not later than 180 days after the establishment of the board required under subsection (h)(1) of section 2733a of title 10, United States Code, as added by subsection (a)(5), the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report indicating— (1) the membership of the board; (2) the qualifying background of each member of the board; and (3) a statement indicating the independence of each member of the board from the Department of Defense. C Reports and Other Matters 721. Modification of partnership program between United States and Ukraine for military trauma care and research Section 736 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 ( Public Law 117–263 (1) by redesignating paragraphs (7) through (9) as paragraphs (8) through (10), respectively; and (2) by inserting after paragraph (6) the following new paragraph (7): (7) The provision of training and support to Ukraine for the treatment of individuals with extremity trauma, amputations, post-traumatic stress disorder, traumatic brain injuries, and any other mental health conditions associated with post-traumatic stress disorder or traumatic brain injuries, including— (A) the exchange of subject matter expertise; (B) training and support relating to advanced clinical skills development; and (C) training and support relating to clinical case management support. . 722. Requirement that Department of Defense disclose expert reports with respect to medical malpractice claims by members of the uniformed services Section 2733a of title 10, United States Code, as amended by section 714, is further amended— (1) by redesignating subsections (l) and (m) as subsections (m) and (n), respectively; and (2) by inserting after subsection (k) the following new subsection (l): (l) Disclosure by Department of Defense (1) The Secretary of Defense shall disclose to a claimant under this section a copy of all written reports, other than medical quality assurance records (as defined in section 1102(j) (2) Any disclosure under paragraph (1) with respect to an expert described in such paragraph shall include the following: (A) The records and documents considered by the expert. (B) A description of the bases and reasons for the opinion of the expert. (C) The opinion or opinions of the expert regarding standard of care. (D) The opinion or opinions of the expert regarding causation. (E) A description of any disagreement by the expert with any opinion or opinions of the expert of the claimant. (3) Any disclosure under paragraph (1) with respect to an expert described in such paragraph shall not include an identification of the expert. (4) If an expert described in paragraph (1) does not prepare a written report, the Secretary shall disclose the information required under this section to the claimant in writing. . 723. Comptroller General study on impact of perinatal mental health conditions of members of the Armed Forces and their dependents on military readiness and retention (a) Study (1) In general The Comptroller General of the United States shall conduct a study on perinatal mental health conditions among members of the Armed Forces and dependents of such members during the five-year period preceding the date of the enactment of this Act. (2) Elements The study required under paragraph (1) shall include the following: (A) An assessment of beneficiaries under the TRICARE program, including members of the Armed Forces and dependents of such members, who attempted suicide or died by suicide or substance use overdose during the perinatal period. (B) An assessment of members of the Armed Forces discharged from active duty due to a mental health condition within two years after the perinatal period. (C) An assessment of beneficiaries under the TRICARE program, including members of the Armed Forces and dependents of such members, diagnosed with a perinatal mental health condition who were relocated during the perinatal period. (D) An assessment of the effects of retention and promotion policies of the Department of Defense relating to perinatal mental health conditions on members of the Armed Forces seeking and accessing screening, referral, and treatment. (E) The number of members of the Armed Forces who were separated from the Armed Forces or did not receive a promotion due to a diagnosed perinatal mental health condition. (F) An assessment of whether policies of the Department can be modified to provide clear standards for retention and pathways for promotion of members of the Armed Forces diagnosed with a perinatal mental health condition. (G) An assessment of resources needed to integrate behavioral health specialists into all obstetric care practices, pediatric practices, and women’s clinics. (H) A disaggregated demographic assessment of the population included in the study with respect to race, ethnicity, sex, age, family status (including dual service and single parent families), military occupation, military service, and rank, as applicable. (b) Report Not later than one year after the date of the enactment of this Act, the Comptroller General shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the findings of the study conducted under subsection (a), including— (1) recommendations for actions to be taken by the Secretary of Defense to improve mental health among members of the Armed Forces and dependents of such members during the perinatal period; (2) recommendations for legislative or administrative action to mitigate the effects of retention and promotion policies of the Department of Defense on members of the Armed Forces seeking and accessing mental health care during the perinatal period; and (3) such other recommendations as the Comptroller General determines appropriate. (c) Definitions In this section: (1) Dependent; TRICARE program The terms dependent TRICARE program (2) Perinatal mental health condition The term perinatal mental health condition (3) Perinatal period The term perinatal period 724. Report on mental and behavioral health services provided by Department of Defense Not later than 90 days after the date of the enactment of this Act, the Director of the Defense Health Agency shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report that contains the following: (1) The current wait times for members of the Armed Forces, including members of the Selected Reserve of the Ready Reserve of a reserve component of the Armed Forces who are enrolled in TRICARE Reserve Select under section 1076d of title 10, United States Code, to receive mental and behavioral health services, disaggregated by State. (2) An assessment of the number of additional mental and behavioral health care providers needed for the Department of Defense to meet established metrics associated with access to mental and behavioral health services. (3) An explanation of the credentialing standards for mental and behavioral health care providers of the Department, including a comparison of those standards to the standards for other Federal and private sector health care providers. 725. Report on activities of Department of Defense to prevent, intervene, and treat perinatal mental health conditions of members of the Armed Forces and their dependents (a) In general Not later than 90 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 on the activities of the Department of Defense to address the mental health of pregnant and postpartum members of the Armed Forces and dependents of such members. (b) Elements The report required by subsection (a) shall include the following (1) An identification of the military medical treatment facilities at which the Secretary offers members of the Armed Forces and their dependents evidence-based programs during the perinatal period that are proven to prevent perinatal mental health conditions. (2) An assessment of such programs offered at such facilities, including an assessment of— (A) the types of programs; (B) the number and location of programs; (C) the number of members of the Armed Forces and their dependents who have participated in such programs, disaggregated by Armed Force, military occupation, sex, age, race, and ethnicity, when applicable; and (D) whether such programs are delivered in-person or virtually and the frequency of the availability of such programs; (3) The number of behavioral health specialists for pregnant and postpartum members of the Armed Forces and dependents integrated into obstetric care practices, pediatrics, and women’s clinics at military medical treatment facilities. (4) An assessment of the implementation of, or plans to implement, a pilot program to provide a reproductive behavioral health consultation service by the Secretary as outlined in the White House Blueprint for Addressing the Maternal Health Crisis, dated June 2022, including— (A) the number of providers the pilot program has served or plans to serve, disaggregated by provider type, specialty, and location; (B) the number and type of trainings providers received or will receive through the consultation line on evidence-based practices to prevent, screen, refer, and treat perinatal mental health conditions; (C) the locations that have had or will have access to the pilot program; (D) the types of expertise services that the consultation line provides or will provide; and (E) methods currently used or that will be used to promote the availability of the consultation line to providers. (5) Any recommendations for legislative or administrative action to improve prevention, intervention, and treatment of perinatal mental health conditions for members of the Armed Forces and their dependents. (c) Definitions In this section: (1) Dependent The term dependent (2) Perinatal mental health condition The term perinatal mental health condition 726. Study on family planning and cryopreservation of gametes to improve retention of members of the Armed Forces (a) In general The Secretary of Defense shall conduct a study on— (1) the number of members of the Armed Forces who elect to leave the Armed Forces for family planning reasons, disaggregated by gender, age, and military occupational specialty; (2) whether the option of cryopreservation of gametes would lead to greater retention of members of the Armed Forces; (3) methods for the Department of Defense to offer cryopreservation of gametes for the purposes of retention of members of the Armed Forces; (4) the cost to the Department of offering cryopreservation of gametes to active duty members of the Armed Forces; and (5) such other matters relating to family planning and cryopreservation of gametes for members of the Armed Forces as the Secretary considers relevant. (b) Briefing Not later than April 1, 2024, the Secretary shall brief the Committees on Armed Services of the Senate and the House of Representatives on the results of the study conducted under subsection (a). VIII Acquisition policy, acquisition management, and related matters A Acquisition policy and management 801. Amendments to multiyear procurement authority Section 3501 of title 10, United States Code, is amended— (1) in subsection (a)(1)— (A) by striking will result in significant savings (A) significant savings ; and (B) by striking annual contracts. (B) necessary industrial base stability not otherwise achievable through annual contracts. ; and (2) by striking $500,000,000 $1,000,000,000 802. Modernizing the Department of Defense requirements process (a) Modernizing the department of defense requirements process Not later than October 1, 2025, the Secretary of Defense, acting through the Vice Chairman of the Joint Chiefs of Staff, in cooperation with the Secretaries of the military departments and the commanders of the combatant commands, and in coordination with the Under Secretary of Defense for Acquisition and Sustainment, shall develop and implement a streamlined Department of Defense requirements process, to include modernizing the Joint Capabilities Integration and Development System, in order to improve alignment between modern warfare concepts, technologies, and system development and reduce the time to delivery of needed capabilities to Department users. (b) Reform elements The modernization activities conducted under subsection (a) shall include the following elements: (1) Streamlining requirements documents, reviews, and approval processes, especially for programs below the major defense acquisition program threshold described in section 4201 of title 10, United Stated Code. (2) Revisiting requirements management practices from a first principles perspective based on mission outcomes and assessed threats, enabling a more iterative and collaborative approach with the services to shape requirements and technology driven opportunities. (3) Developing a capability needs and requirements framework and pathways that are aligned to the Department’s Adaptive Acquisition Framework pathways, and better aligned and integrated with the Department’s science and technology processes. (4) Enabling the military departments to develop an enduring set of requirements according to a set of capability portfolios to provide a structure across acquisition programs and research, which shall be articulated in a concise model and document with a set of mission impact measures that capability deliveries will seek to continuously improve. (5) Establishing a process to rapidly validate the military utility of commercial solutions to meet capability needs or opportunities in lieu of the traditional program-centric requirements definition. (6) Retiring and replacing the Department of Defense Architecture Framework with a new structure focused on enabling interoperability through application program interfaces, enterprise architectures and platforms, and government and commercial standards. (7) Ensuring that requirements processes for software, artificial intelligence, data, and related capability areas enable a rapid, dynamic, and iterative approach than traditional hardware systems. (c) Elements The implementation of streamlined requirements shall include the following elements: (1) Collaboration with industry, traditional and non-traditional defense companies, and the science and technology community to capture their inputs and feedback on shaping the Department’s requirements processes to ensure it effectively harnesses the innovation ecosystem. (2) Development of a formal career path, training, and structure for requirements management professionals and chief architects. (3) Publication of new policies, guidance, and templates for the operational, requirements, and acquisition workforce in online digital formats instead of large policy documents. (d) Interim report Not later than October 1, 2024, the Secretary of Defense shall submit to the congressional defense committees an interim report on the modernization conducted by the Secretary under subsection (a), including— (1) a description of the modernization efforts; (2) the Department of Defense’s plans to implement, communicate, and continuously improve the modernization of the Department’s requirements processes and structure; and (3) any additional recommendations for legislation that the Secretary determines appropriate. (e) Final report Not later than October 1, 2025, the Secretary of Defense shall submit to the Secretary of Defense and the congressional defense committees a final report describing activities carried out pursuant to subsections (b) and (c). 803. Head of Contracting Authority for Strategic Capabilities Office (a) Authority The Director of the Strategic Capabilities Office shall have the authority to conduct acquisition activities within the Strategic Capabilities Office. (b) Acquisition executive – (1) In general The staff of the Director shall include an acquisition executive, who shall be responsible for the overall supervision of acquisition matters for the Strategic Capabilities Office. The acquisition executive shall have the authority— (A) to negotiate memoranda of agreement with the military departments and Department of Defense components to carry out the acquisition of equipment, capabilities, and services on behalf of the Office; (B) to supervise the acquisition of equipment, capabilities, and services on behalf of the Office; (C) to represent the Office in discussions with the military departments regarding acquisition programs for which the Office is a customer; and (D) to work with the military departments to ensure that the Office is appropriately represented in any joint working group or integrated product team regarding acquisition programs for which the Office is a customer. (2) Delivery of acquisition solutions The acquisition executive of the Strategic Capabilities Office shall be— (A) responsible to the Director for rapidly delivering acquisition solutions to meet validated cyber operations-peculiar requirements; (B) subordinate to the defense acquisition executive in matters of acquisition; (C) subject to the same oversight as the service acquisition executives; and (D) included on the distribution list for acquisition directives and instructions of the Department of Defense. (c) Implementation plan required The authority granted in subsection (a) shall become effective 30 days after the date on which the Secretary of Defense provides to the congressional defense committees a plan for implementation of those authorities under subsection (a). The plan shall include the following: (1) Summaries of the components to be negotiated in the memoranda of agreement with the military departments and other Department of Defense components to carry out the development, acquisition, and sustainment of equipment, capabilities, and services described in subsection (b)(1). (2) Negotiation and approval timelines for memorandum of agreement. (3) A plan for oversight of the acquisition executive established under subsection (b). (4) An assessment of the acquisition workforce needs of the Strategic Capabilities Office to support the authority provided under subsection (a) until 2028. (5) Other matters as appropriate. (d) Annual end-of-year assessment Each year, the Under Secretary of Defense for Acquisition and Sustainment shall review and assess the acquisition activities of the Strategic Capabilities Office, including contracting and acquisition documentation, for the previous fiscal year and provide any recommendations or feedback to the acquisition executive of the Strategic Capabilities Office. (e) Sunset (1) In general The authority provided under this section shall terminate on September 30, 2028. (2) Limitation on duration of acquisitions The authority under this section does not include major defense acquisition programs, major automated information system programs, or acquisitions of foundational infrastructure or software architectures the duration of which is expected to last more than five years. 804. Pilot program for the use of innovative intellectual property strategies (a) In general As soon as practicable, the Secretary of each military department shall designate one acquisition program within their service and the Under Secretary of Defense for Acquisition and Sustainment shall designate one acquisition program within the Department of Defense Agencies and Field Activities for the use of innovative intellectual property strategies in order to acquire the necessary technical data rights required for the operations and maintenance of that system. (b) Briefing requirement Not later than 180 days after the date of the enactment of this Act, the Under Secretary of Defense for Acquisition and Sustainment, in coordination with the Secretaries of the military departments, shall provide a briefing to the Committees on Armed Services of the Senate and the House of Representatives with a detailed plan to implement the requirements of this section. (c) Annual report Upon selection of the programs to be covered by this section and until the termination of this authority, the Under Secretary of Defense for Acquisition and Sustainment, in coordination with the Secretaries of the military departments, shall provide an annual report to the Committees on Armed Services of the Senate and the House of Representatives on the effectiveness of the pilot program in acquiring the data necessary to support timely, cost-effective maintenance and sustainment of the system and any recommendations for the applicability of lessons learned from this pilot program to future acquisition programs. (d) Definitions In this section: (1) Department of Defense Agencies and Field Activities The terms Department of Defense Agency Department of Defense Field Activity (2) Innovative intellectual property strategies The term innovative intellectual property strategies (A) The use of an escrow account to verify and hold intellectual property data. (B) The use of royalties or licenses. (C) Other innovative strategies to acquire the necessary level of intellectual property and data rights to support the operations, maintenance, installation, and training (OMIT) of the selected program. (e) Sunset The authority to initiate a program under this section shall terminate on December 31, 2028. 805. Focused commercial solutions openings opportunities (a) Requirement The Secretary of Defense, in coordination with the service acquisition executives of each military department, shall create not less than three new commercial solutions opening (CSO) opportunities pursuant to section 3458 of title 10, United States Code, each fiscal year. Each such CSO opportunities shall be dedicated to addressing the mission needs and integrated priority lists of a single geographic combatant command. (b) Execution In creating the CSO opportunities required under subsection (a), the Secretary of Defense shall— (1) assign the responsibility for issuing a CSO to a single military department, with a program executive officer from that military department assigned as lead; and (2) ensure that any program executive office (PEO) assignment should be made to align the needs of the CSO with a PEO that has similar existing requirements and funding for transitioning technologies within the focus area. (c) Sunset The requirement in subsection (a) shall expire on September 30, 2027. 806. Study on reducing barriers to acquisition of commercial products and services (a) In general The Secretary of Defense, acting through the Under Secretary of Defense for Acquisition and Sustainment, shall conduct a study on the feasibility and advisability of— (1) establishing a default determination that products and services acquired by the Department of Defense are commercial and do not require commercial determination as provided under section 3456 of title 10, United States Code; (2) establishing a requirement for non-commercial determinations to be made for acquisitions to use procedures other than part 12 of the Federal Acquisition Regulation; and (3) mandating use of commercial procedures under part 12 of the Federal Acquisition Regulation unless a justification of non-commerciality is determined. (b) Report Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the findings of the study conducted under subsection (a). The report shall include specific findings with relevant data and proposed recommendations, including for any necessary and desirable modifications to applicable statute for any changes the Department seeks to make regarding paragraphs (1) through (3) of subsection (a). 807. Sense of the Senate on independent cost assessment It is the sense of the Senate that— (1) to implement the National Defense Strategy, the Department of Defense requires thoughtful and thorough analysis to ensure efficient and effective use of each taxpayer dollar to inform tradeoff analysis that delivers the optimum portfolio of military capabilities; (2) the Secretary of Defense requires timely, insightful, and unbiased analysis on cost estimation for major defense acquisition programs; and (3) the Office of the Director of Cost Assessment and Program Evaluation supports implementation of the National Defense Strategy by— (A) providing insight into the costs of major defense acquisition programs and other technology development initiatives that enables responsible budgeting and proactive management decisions so that the Department can control cost, drive efficiency, and achieve savings; (B) ensuring that the cost estimation workforce of the Department of Defense is using the most modern and realistic cost estimation methodologies, tools, and tradecraft, including the collection and distribution of data through the Cost Assessment Data Enterprise; and (C) providing timely review and oversight of cost estimates performed by the defense agencies and military departments. 808. Emergency acquisition authority for purposes of replenishing United States stockpiles Section 3601(a)(1) of title 10, United States Code, is amended— (1) in subparagraph (A)(iv), by striking ; or (2) in subparagraph (B), by striking the period at the end and inserting ; or (3) by adding at the end the following new subparagraph: (C) for purposes of— (i) replenishing United States stockpiles with like defense articles when those stockpiles are diminished as a result of the United States providing defense articles in response to an armed attack by a country of concern (as that term is defined in section 1(m) of the State Department Basic Authorities Act of 1956 ( 22 U.S.C. 2651a(m) (I) a United States ally (as that term is defined in section 201(d) of the Act of December 2, 1942, entitled, To provide benefits for the injury, disability, death, or enemy detention of employees of contractors with the United States, and for other purposes 42 U.S.C. 1711(d) (II) a United States partner; or (ii) contracting for the movement or delivery of defense articles transferred to such ally or partner through the President's drawdown authorities in connection with such response, provided that the United States is not a party to the hostilities. . B Amendments to general contracting authorities, procedures, and limitations 811. Commander initiated rapid contracting actions (a) In general The commander of a combatant command, upon providing a written determination to a supporting head (or heads) of contracting activity (HCA), may request emergency, rapid contracting response using special authorities described in subsection (b)— (1) in support of a contingency operation (as defined in section 101(a) of title 10, United States Code); (2) to facilitate the defense against or recovery from cyber, nuclear, biological, chemical, or radiological attack against the United States; (3) in support of a humanitarian or peacekeeping operation (as the term is defined in section 3015(2) of title 10, United States Code); and (4) for purposes of protecting the national security interests of the United States during directed operations that fall below the level of armed conflict. (b) Applicability In carrying out subsection (a), the HCA may utilize the following authorities to rapidly respond to time-sensitive or unplanned emergency situations: (1) For actions taken under subsection (a) in the case of a contract to be awarded and performed, or purchase to be made, in the United States, simplified procedures for a single contracting action may be used up to $15,000. (2) For actions taken under subsection (a) in the case of a contract to be awarded and performed, or purchase to be made, outside the United States, simplified procedures for a single contracting action may be used up to $25,000. (3) For purposes of section 3205(a)(2) of title 10, United States Code, the applicable threshold is deemed to be $10,000,000. (4) The property or service being procured may be treated as a commercial product or a commercial service for the purpose of carrying out the procurement. (c) Determination A written determination required under subsection (a) may be used to cover more than one requested action, and may be directed to more than one HCA, and shall include: (1) The rationale for initiating the request in accordance with paragraphs (1) though (4) of such subsection. (2) A description of the actions being requested of the HCA. (3) A declaration that funds are available for such requested contracting support. (d) Sunset The authority under subsection (a) shall terminate on September 30, 2028. (e) Annual report Not later than January 15, 2025, and annually thereafter for four years, the Chairman of the Joint Chiefs of Staff, in coordination with the Under Secretary of Defense for Acquisition and Sustainment, shall provide a report to the congressional defense committees on the use of the authority under this section for the previous fiscal year. The report shall include a summary of each instance of the authority being used, including— (1) the combatant command initiating the action or actions; (2) the supporting HCA or HCAs; and (3) the specific actions requested, including the contract performer and value of contracting action. 812. Extension and revisions to never contract with the enemy (a) In general Section 841 of the Carl Levin and Howard P. Buck Public Law 113–291 10 U.S.C. 4871 (1) by striking the section heading and inserting Threat mitigation in commercial support to operations (2) in subsection (a)— (A) by striking the subsection heading and inserting Program established (B) by striking and in consultation with the Secretary of State and the Secretary of State, establish a program to enable combatant commanders to identify and manage risks introduced by covered persons and entities providing commercial support to military operations. The Secretary of Defense shall publish policy establishing this program with responsibilities for program execution and oversight and procedures for use of available intelligence, security, and law enforcement information to identify threats and employment of a range of strategies, including the covered procurement actions described in this section, to manage risks posed by covered persons and entities that are engaged in covered activities. (3) by amending subsection (b) to read as follows: (b) Authority (1) Identification The combatant commander shall identify covered persons or entities engaged in covered activities through the program established under subsection (a). Upon identification of a covered person or entity, combatant commanders, or their designated deputies, shall notify and provide rationale for such an identification to the Under Secretary of Defense for Acquisition and Sustainment, the Under Secretary of Defense for Intelligence and Security, and the Under Secretary of Defense for Policy. (2) Covered procurement actions (A) In general The head of a contracting activity may exercise a covered procurement action on a covered persons or entity. (B) Limitation on covered procurement actions The head of a contracting activity may exercise a covered procurement action only after receiving a notification and recommendation from the Under Secretary of Defense for Acquisition and Sustainment, based on a risk assessment by the identifying combatant commander, that states that— (i) the person or entity identified by the combatant commander meets the criteria for a covered person or entity and was or is actively engaged in one or more covered activities; and (ii) less intrusive measures are not reasonably available to manage the risk. ; (4) by amending subsection (c) to read as follows: (c) Notification to covered person or entity (1) Advance notice Contracting activities shall notify covered persons and entities through covered solicitations and contracts, grants, or cooperative agreements of the following matters: (A) The program established under subsection (a). (B) The authorities established under subsection (b). (C) The responsibilities of covered persons or entities to exercise due diligence to mitigate their engagement in covered activities. (2) Notice of covered procurement actions (A) In general Upon exercising a covered procurement action, the head of a contracting activity shall notify the covered person or entity of the action. The covered person or entity shall be permitted the opportunity to challenge the covered procurement action by requesting an administrative review of the action under the procedures of the Department of Defense not later than 30 days after receipt of notice of the action. (B) Limitation on disclosure of information Full disclosure of information to a covered person or entity justifying an identification made under subsection (b)(1) or a covered procurement action need not be provided when such a disclosure would compromise national security or would pose an unacceptable threat to personnel of the United States or partners and allies. (C) Protection of classified information Classified information relied upon to exercise a covered procurement action may not be disclosed to a covered person or entity, or to their representatives, unless a protective order issued by a court of competent jurisdiction established under article I or article III of the Constitution of the United States specifically addresses the conditions under which such classified information may be disclosed. ; (5) by amending subsection (d) to read as follows: (d) Covered procurement action reporting All covered procurement actions shall be reported to the Under Secretary of Defense for Acquisition and Sustainment and reported in the Federal Awardee Performance and Integrity Information System (FAPIIS) or other formal systems or record. Exclusions shall also be reported in the System for Award Management (SAM). ; (6) by amending subsection (e) to read as follows: (e) Annual review The Secretary of Defense, in coordination with the Director of National Intelligence and the Secretary of State, shall, on an annual basis, review the lists of persons and entities having been subject to a covered procurement action under subsection (b)(2) to determine whether or not such persons and entities continue to warrant use of the covered procurement action. ; (7) by amending subsection (f) to read as follows: (f) Waiver The Secretary of Defense, in conjunction with the Secretary of State, may grant a waiver for actions taken under subsection (b) if it is in the best interest of national security. ; (8) by amending subsection (g) to read as follows: (g) Delegation of authority The authority provided by subsection (b) to make a determination to use a covered procurement action, in whole or in part, may not be delegated below the level of head of contracting activity, or equivalent official for purposes of grants or cooperative agreements. ; (9) by amending subsection (h) to read as follows: (h) Updating regulations The Federal Acquisition Regulation and the Defense Federal Acquisition Regulation Supplement shall be revised to implement the provisions of this subtitle. ; (10) in subsection (i)— (A) in paragraph (1)— (i) by striking Director of the Office of Management and Budget Secretary of Defense (ii) by striking appropriate committees of Congress congressional defense committees (iii) in subparagraph (A)— (I) by striking an executive agency exercised the authority to terminate, void, or restrict a contract, grant, and cooperative agreement pursuant to subsection (c), based on a notification under subsection (b) a head of contracting activity exercised a covered procurement action (II) in clause (i) by striking executive agency head of contracting activity (III) in clause (ii), by striking the action taken exercising the covered procurement action (IV) in clause (iii), by striking voided or terminated subject to the covered procurement action (V) in clause (iv)— (aa) by striking executive agency in force Department of Defense has (bb) by striking concerned at the time the contract, grant, or cooperative agreement was terminated or voided at the time of exercise of the covered procurement action (iv) in subparagraph (B)— (I) by striking an executive agency did not exercise the authority to terminate, void, or restrict a contract, grant, and cooperative agreement pursuant to subsection (c), based on a notification under subsection (b) a head of contracting activity did not exercise a covered procurement action following an identification from a combatant commander (II) in clause (i), by striking executive agency head of contracting activity (III) in clause (ii), by inserting covered procurement action (B) in paragraph (2), by striking Director Secretary of Defense (11) by striking subsection (j) and (m) and redesignating subsections (k), (l), and (n) as subsections (j), (k), and (l), respectively; (12) in subsection (k), as redesignated by paragraph (11), by striking Except as provided in subsection (l), the The (13) in subsection (l), as so redesignated, by striking December 31, 2025 December 31, 2033 (b) Access to records Section 842 of the Carl Levin and Howard P. Buck (a) Additional access to records The Secretary of Defense may examine any records of persons or entities that have existing contracts with, or are active recipients of a grant or cooperative agreement from, the Department of Defense, including any subcontractors or subgrantees, to the extent necessary to support the program established under section 841 of this Act. (b) Limitation The examination authorized under subsection (a) may only take place after a written determination is made by the contracting officer, informed by a finding from the combatant commander, stating that this examination will support the program established under such section 841, and less intrusive measures are not reasonably available to manage the risk. . (c) Definitions Section 843 of the Carl Levin and Howard P. Buck (1) by striking paragraphs (1), (2), (3), (4), (7), and (9) and redesignating paragraphs (5), (6), and (8) as paragraphs (2), (3), and (6); (2) by inserting before paragraph (2), as redesignated by paragraph (1) of this section, the following new paragraph: (1) Covered activities The term covered activities (A) engaging in acts of violence against personnel of the United States or partners and allies; (B) providing financing, logistics, training, or intelligence to a person described in subparagraph (A); (C) engaging in foreign intelligence activities against the United States or partners and allies; (D) engaging in transnational organized crime or criminal activities; or (E) engaging in other activities that present a direct or indirect risk to United States or partner and allied missions and forces. ; (3) in paragraph (2), as so redesignated, by striking with an estimated value in excess of $50,000 that is performed outside the United States, including its territories and possessions, in support that is performed outside the United States, including its territories and possessions. (4) by amending paragraph (3), as so redesignated, to read as follows: (3) Covered person or entity The term covered person or entity ; and (5) by inserting after paragraph (3), as so redesignated, the following new paragraphs: (4) Covered procurement action The term covered procurement action (A) exclude a person or commercial entity from award with or without an existing contract, grant, or cooperative agreement; (B) terminate an existing contract, grant, or cooperative agreement for default; or (C) void in whole or in part an existing contract, grant, or cooperative agreement. (5) Covered solicitation The term covered solicitation . (d) Effective date The amendments made by this section shall take effect not later than 180 days after the enactment of this Act, and shall apply to covered solicitations issued and covered contracts, grants, or cooperative agreements (as that term is defined in section 843 of the Carl Levin and Howard P. Buck 813. Enhancement of Department of Defense capabilities to prevent contractor fraud (a) Withholding of contractual payments Subsection (a) of section 4651 of title 10, United States Code, is amended— (1) in paragraph (1), by striking ; and (2) in paragraph (2)— (A) by striking clause (1) paragraph (1) (B) by striking at least three, but not more than 10, as determined by the Secretary or his designee, times the cost incurred by the contractor in giving gratuities to the officer, official, or employee concerned. of up to 10 percent of the total contract award amount; (3) by inserting after paragraph (2) the following new paragraphs: (3) with respect to a contract that could have been terminated under paragraph (1) but for the completion of performance of the contract, the United States is entitled to exemplary damages as set forth in paragraph (2); and (4) the Secretary of Defense or the Secretary of a military department may, after providing notice to the contractor and pending the determination concerning exemplary damages referred to in paragraph (2), withhold from payments otherwise due to the contractor under any contract between the contractor and the United States an amount not to exceed 10 percent of the total contract award amount. ; and (4) in the matter following paragraph (4), as added by paragraph (3) of this subsection, by striking clause (1) paragraph (1) (b) Burden of proof Paragraph (1) of section 4651(a) of title 10, United States Code, as amended by subsection (a) of this section, is further amended by inserting and by a preponderance of the evidence after notice and hearing 814. Modification of approval authority for high dollar other transaction agreements for prototypes (a) Amendments relating to authority Section 4022(a)(2)(C)(i)(I) of title 10, United States Code, is amended by inserting after subsection (d) were met for the prior transaction for the prototype project that provided for the award of the follow-on production contract or transaction, and the requirements of subsection (f) (b) Amendment relating to appropriate use of authority Section 4022(d) (3) The requirements of this subsection do not apply to follow-on production contracts or transactions under subsection (f). . 815. Modifications to Earned Value Management system requirements (a) In general Not later than 180 days after the date of the enactment of this Act, the Under Secretary for Acquisition and Sustainment shall update appropriate policies related to Earned Value Management (EVM) as follows: (1) Update subpart 234.2 of the Defense Federal Acquisition Regulation Supplement (DFARS) to exempt all software contracts and subcontracts from EVM requirements. (2) Update sections 234.201, 234.203, 252.234–7001, and 252.242–7002 of the DFARS— (A) to increase contract value thresholds associated with requiring EVM on cost or incentive contracts from $20,000,000 to $50,000,000; and (B) to increase the contract value threshold for the contractor to use an EVM System from $50,000,000 to $100,000,000. (b) Implementation If the Under Secretary of Defense for Acquisition and Sustainment is unable to update the regulations specified in subsection (a) before the deadline specified in such subsection, the Under Secretary of Defense for Acquisition and Sustainment shall providing to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a briefing explaining the timeline for implementation. 816. Inventory of inflation and escalation indices (a) Inventory required (1) In general Not later than September 30, 2024, the Under Secretary of Defense for Acquisition and Sustainment, in coordination with the Service Acquisition Executives, shall conduct an inventory of inflation and escalation indices currently used for contracting and pricing purposes across the Department and make the inventory available as a resource for all government and industry contracting and pricing professionals. (2) Elements The inventory required under paragraph (1)— (A) shall include indices used for products and indices used for services, including accessibility instructions; (B) may include relevant indices derived from or leveraged by commercial, academic, or nongovernmental sources; and (C) shall separately identify indices for which the Department of Defense purchases access. (b) Assessment As part of the inventory required under subsection (a), the Under Secretary of Defense for Acquisition and Sustainment shall also conduct an assessment of the available inflation and escalation indices in order to determine— (1) gaps in any available indices where identification or development of new indices may be necessary; and (2) in instances where there are multiple indices being used— (A) whether consolidation on a single index or smaller subset of indices is possible or advisable; and (B) whether commercial, academic, or nongovernmental indices have any comparative benefit or advantage over governmental sources. (c) Periodic updates The Under Secretary of Defense for Acquisition and Sustainment shall periodically, and not less than once every 5 years, review and update the inventory required under subsection (a). (d) Guidance Not later than March 30, 2025, the Under Secretary of Defense for Acquisition and Sustainment, in coordination with the Service Acquisition Executives, shall issue guidance providing for the consistent application and maintenance of data included in the inventory required under subsection (a) for use by government contracting and pricing personnel. 817. Pilot program to incentivize progress payments (a) Pilot program The Under Secretary of Defense for Acquisition and Sustainment shall establish and implement a pilot program to incentivize large business concerns awarded Department of Defense contracts to qualify for progress payments up to 10 percentage points higher than the standard progress payment rate. (b) Incentives The Under Secretary for Acquisition and Sustainment shall establish clear and measurable criteria to provide for the payment to contractors of higher progress payments as described in subsection (a), including meeting one or more of the following criteria: (1) Adherence to delivery dates for contract end items and contract data requirement lists or compliance with the performance milestone schedule during the preceding fiscal year. (2) The lack of any open level III or IV corrective action requests. (3) Acceptability of the contractor's business systems without significant deficiencies. (4) Meeting small business subcontracting goals during the preceding fiscal year. (c) Report The Under Secretary for Acquisition and Sustainment shall submit to the Committees on Armed Services of the Senate and House of Representatives an annual report on the implementation of the pilot program established under subsection (a), including a comprehensive list of contractors and the contracts that received the increased progress payments. (d) Definitions In this section: (1) Standard progress payment rate The term standard progress payment rate (2) Large business concerns The term large business concerns (e) Sunset The authority to carry out the pilot program established under subsection (a) shall terminate on January 1, 2026. 818. Extension of pilot program to accelerate contracting and pricing processes Section 890 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 January 2, 2024 January 2, 2028 819. Preventing conflicts of interest for Department of Defense consultants (a) In general Not later than 180 days after the date of enactment of this Act, the Secretary of Defense shall amend the Defense Federal Acquisition Regulation— (1) to require any entity that provides the services described in North American Industry Classification System (NAICS) code 5416, prior to entering into the Department of Defense contract, to certify that— (A) neither the entity nor any of its subsidiaries or affiliates hold a contract with one or more covered foreign entities; or (B) the entity maintains a Conflict of Interest Mitigation Surveillance Plan described under subsection (b) that is auditable by contract oversight entities; and (2) to restrict Department of Defense contracts from being awarded to an entity that provides the services described under the NAICS 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 unless such contractor maintains an enforceable Conflict of Interest Mitigation Surveillance Plan. (b) Conflict of Interest Mitigation Surveillance Plan Contractors that are unable to certify under subsection (a)(1)(A) that neither they nor any of their subsidiaries or affiliates hold a contract with one or more covered foreign entities shall maintain a Conflict of Interest Mitigation Surveillance Plan that is updated annually and shall be provided to applicable contract oversight entities upon request. The plan shall include— (1) identification of the contracts with the covered foreign entity (or entities) including the specific entity, the dollar value of the contract, and the specific personnel working on the contract; (2) mitigation measures being taken to prevent conflicts of interest (corporately as well as for individuals working on the contract) that might arise by also supporting Department of Defense contracts; and (3) notification procedures to the contract oversight entities within 15 days of determining an unmitigated conflict of interest has arisen. (c) Waiver The Secretary of Defense, or designee, shall have the authority to waive conflicts of interest restrictions under subsection (a) on a case-by-case basis as may be necessary to continue contracting for certain national security requirements. The Secretary of Defense may not delegate such authority to an official below the level of a Presidentially appointed, Senate-confirmed official. (d) Waiver notification Not later than 30 days after issuing a waiver under subsection (c) of this section, the Secretary of Defense shall provide a written notification to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives regarding the use of such waiver authority. The notification shall include— (1) the specific justification for providing the waiver; (2) the covered foreign entity with which the waiver recipient is working which gives rise to the conflict of interest; (3) the number of bidders on a contract on which the waiver was required; (4) the number of bidders on a contract for which a waiver would not have been required to have been issued; and (5) the total dollar value of the contract. (e) Definitions In this section: (1) Covered foreign entity The term covered foreign entity (A) The Government of the People’s Republic of China, any Chinese state-owned entity, or other entity under the ownership, or control, directly or indirectly, of the Government of the People’s Republic of China or the Chinese Communist Party that is engaged in one or more national security industries. (B) 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 titled Blocking Property of Additional Persons Contributing to the Situation in Ukraine (C) The government or any state-owned entity of any country if the Secretary of State determines that such government has repeatedly provided support for acts of international terrorism pursuant to— (i) section 1754(c)(1)(A) of the Export Control Reform Act of 2018 ( 50 U.S.C. 4318(c)(1)(A) (ii) section 620A of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2371 (iii) section 40 of the Arms Export Control Act ( 22 U.S.C. 2780 (iv) any other provision of law. (D) 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. (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. (2) Contract oversight entities The term contract oversight entities (A) The contracting officer. (B) The contracting officer representative. (C) The Defense Contract Management Agency. (D) The Defense Contract Audit Agency. (E) The Office of Inspector General (OIG) of the Department of Defense or any subcomponent of OIG. (F) The Government Accountability Office. 820. Prohibition on requiring defense contractors to provide information relating to greenhouse gas emissions (a) Definitions In this section: (1) Greenhouse Gas The term greenhouse gas (A) carbon dioxide; (B) methane; (C) nitrous oxide; (D) nitrogen trifluoride; (E) hydrofluorocarbons; (F) perfluorcarbons; or (G) sulfur hexafluoride. (2) Greenhouse gas inventory The term greenhouse gas inventory (3) Nontraditional defense contractor The term nontraditional defense contractor (b) Prohibition on disclosure requirements (1) Nontraditional defense contractors The Secretary of Defense may not require any nontraditional defense contractor recipient of a defense contract to provide a greenhouse gas inventory or to provide any other report on greenhouse gas emissions. (2) Other than nontraditional defense contractors During the two-year period beginning on the date of the enactment of this Act, the Secretary of Defense may not require any other than nontraditional defense contractor recipient of a defense contract to provide a greenhouse gas inventory or to provide any other report on greenhouse gas emissions. 821. Prohibition on contracts for the provision of online tutoring services by entities owned by the People's Republic of China (a) In general The Secretary of Defense may not, on or after the date of the enactment of this Act, enter into or renew a contract for the provision of online tutoring services by an entity owned or controlled by the Government of the People's Republic of China. (b) Waiver (1) In general The Secretary may waive the prohibition under subsection (a). (2) Nondelegation The Secretary may not delegate the authority to issue a waiver under paragraph (1). 822. Modification of truthful cost or pricing data submissions and report Section 3705(b)(2)(B) of title 10, United States Code, is amended by striking should-cost analysis. past performance. should-cost analysis and shall identify such offerors that incur a delay greater than 200 days in submitting such cost or pricing data. The Secretary of Defense shall include a public notation on such offerors. 823. Repeal of bonafide office rule for 8(a) contracts with the Department of Defense Section 8(a)(11) of the Small Business Act ( 15 U.S.C. 637(a)(11) (1) by inserting (A) To the maximum (2) by adding at the end the following: (B) Subparagraph (A) shall not apply with respect to a contract entered into under this subsection with the Department of Defense. . C Industrial base matters 831. Defense industrial base advanced capabilities pilot program (a) Establishment (1) In general The Under Secretary of Defense for Acquisition and Sustainment shall carry out a pilot program through a public-private partnership to accelerate the scaling, production, and acquisition of advanced defense capabilities determined by the Under Secretary to be critical to the national security by creating incentives for investment in domestic small businesses or nontraditional businesses to create a robust and resilient defense industrial base. (2) Goals The goals of the public-private partnership pilot program are as follows: (A) To bolster the defense industrial base through acquisition and deployment of advanced capabilities necessary to field Department of Defense modernization programs and priorities. (B) To strengthen domestic defense supply chain resilience and capacity by investing in innovative defense companies. (C) To leverage private equity capital to accelerate domestic defense scaling, production, and manufacturing. (b) Public-private partnerships (1) In general In carrying out subsection (a), the Under Secretary shall enter into one or more public-private partnerships, consistent with the phased implementation provided for in subsection (e), with for-profit persons using the criteria set forth in paragraph (2). (2) Criteria The Under Secretary shall establish criteria for entering into one or more public-private partnerships and shall submit to the congressional defense committees such criteria, which shall not take effect for the purposes of entering into any agreement until 30 days after submission. (3) Operating agreement The Under Secretary and a person or persons with whom the Under Secretary enters a partnership under paragraph (1) shall enter into an operating agreement that sets forth the roles, responsibilities, authorities, reporting requirements, term, and governance framework for the partnership and its operations. Such operating agreements may not take effect until 30 days after they have been submitted to the congressional defense committees. (c) Investment of equity (1) In general Pursuant to public-private partnerships entered into under subsection (b), a person or persons with whom the Under Secretary has entered into a partnership may invest equity in domestic small businesses or nontraditional businesses consistent with subsection (a), with investments selected based on technical merit, economic value, and the Department’s modernization priorities. The partnership shall require investment in not less than 10 businesses, with no business representing greater than 20 percent of total investment and no capability area exceeding 40 percent of total investment (2) Authorities A person or persons described in paragraph (1) shall have sole authority to operate, manage, and invest. (d) Loan guarantee (1) In general Pursuant to the authority established under section __ (2) Pilot program authority The temporary loan guarantee authority described under paragraph (1) is exclusively for the public-private partnerships authorized under this section and may not be utilized for other programs or purposes. (3) Subject to operating agreement The loan guarantee under paragraph (1) shall be subject to the operating agreement entered into under subsection (b)(3). (4) Use of funds Obligations incurred by the Under Secretary under this paragraph shall be subject to the availability of funds provided in advance specifically for the purpose of such loan guarantees. (e) Phased implementation schedule and required reports and briefings The program established under subsection (a) shall be carried out in two phases as follows: (1) Phase 1 (A) In general Phase 1 shall consist of an initial pilot program with one public-private partnership, consistent with subsection (b), to assess the feasibility and advisability of expanding the scope of the program. The Under Secretary shall begin implementation of phase 1 not later than 180 days after the date of the enactment of this Act. (B) Implementation schedule and framework Not later than 90 days after the date of the enactment of this Act, the Secretary shall submit an implementation plan to the congressional defense committees on the design of phase 1. The plan shall include— (i) an overview of, and the activities undertaken, to execute the public-private partnership; (ii) a description of the advanced capabilities and defense industrial base areas under consideration for investment; (iii) an overview of the operating agreement described in subsection (b)(3); and (iv) implementation milestones and metrics. (C) Report and briefing required Not later than 27 months after the date of the enactment of this Act, the Secretary shall provide to the congressional defense committees a report and briefing on the implementation of this section and the feasibility and advisability of expanding the scope of the pilot program. The report and briefing shall include, at minimum— (i) an overview of program performance, and implementation and execution milestones and outcomes; (ii) an overview of progress in— (I) achieving new products in production aligned with Department of Defense needs; (II) scaling businesses aligned to targeted industrial base and capability areas; (III) generating defense industrial base job growth; (IV) increasing supply chain resilience and capacity; and (V) enhancing competition on advanced capability programs; (iii) an accounting of activities undertaken and outline of the opportunities and benefits of expanding the scope of the pilot program; and (iv) a recommendation by the Secretary regarding the feasibility and desirability of expanding the pilot program. (2) Phase 2 (A) In general Not later than 30 months after the date of the enactment of this Act, the Secretary may expand the scope of the phase 1 pilot program with the ability to increase to not more than three public-private partnerships, consistent with subsection (b). (B) Report and briefing required Not later than five years after the date of the enactment of this Act, the Secretary shall provide to the congressional defense committees a report and briefing on the outcomes of the pilot program under subsection (a), including the elements described in paragraph (1)(C), and the feasibility and advisability of making the program permanent. (f) Termination The authority to enter into an agreement to carry out the pilot program under subsection (a) shall terminate on the date that is five years after the date of the enactment of this Act. (g) Definitions In this section: (1) Domestic business The term domestic business U.S. business (2) Domestic small businesses or nontraditional businesses The term domestic small businesses or nontraditional businesses (A) a small business that is a domestic business; or (B) a nontraditional business that is a domestic business. (3) Nontraditional business The term nontraditional business nontraditional defense contractor (4) Small business The term small business small business concern 15 U.S.C. 632 832. Department of Defense notification of certain transactions (a) In general The parties to a covered transaction required to file the notification and provide supplementary information to the Department of Justice or the Federal Trade Commission under section 7A of the Clayton Act ( 15 U.S.C. 18a 15 U.S.C. 18a (b) Definitions In this section: (1) Covered transaction The term covered transaction (A) for which the parties are required to file a notification under section 7A of the Clayton Act ( 15 U.S.C. 18a (B) any party to which is, owns, or controls a major defense supplier. (2) Major defense supplier The term major defense supplier (A) a current prime contractor of a major defense acquisition program as defined in chapter 201 (B) a current prime contractor of a middle tier acquisition as defined pursuant to section 804 of the National Defense Authorization Act for Fiscal Year 2016 ( Public Law 114–92 (C) a current prime contractor of a software acquisition program described under section 800 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 (D) a current prime contractor of a defense business system as defined in section 2222 of title 10, United States Code; or (E) a current prime contractor of a service contract with the Department of Defense, as defined in part 237 of the Defense Federal Acquisition Regulation Supplement, above the simplified acquisition threshold. 833. 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 50 U.S.C. 4501 et seq. (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) Briefing required Not later than January 15, 2025, the Secretary of Defense shall submit to the congressional defense committees, in writing— (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 during the 2025 calendar year: (A) The annual report or quarterly briefings to Congress required under section 4814 of title 10, United States Code. (B) The annual report on unfunded priorities of the national technology and industrial base required under section 4815 (C) Department of Defense technology and industrial base policy guidance prescribed under section 4811(c) (D) Activities to modernize acquisition processes to ensure the integrity of the industrial base pursuant to section 4819 (E) Defense memoranda of understanding and related agreements considered in accordance with section 4851 (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 Committees on Armed Services of the Senate and 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) Traveling Wave Tubes and Traveling Wave Tube Amplifiers. 834. Pilot program on capital assistance to support defense investment in the industrial base (a) In general The Secretary of Defense may carry out a pilot program under this section to use capital assistance to support the duties and elements of sections 901 and 907. (b) Eligibility and application process (1) In general An eligible entity seeking capital assistance for an eligible investment under this section shall submit to the Secretary of Defense an application at such time, in such manner, and containing such information as the Secretary may require. (2) Selection of investments The Secretary shall establish criteria for selecting among eligible investments for which applications are submitted under subsection (c)(2). The criteria shall include— (A) the extent to which an investment supports the national security of the United States; (B) the likelihood that capital assistance provided for an investment would enable the investment to proceed sooner than the investment would otherwise be able to proceed; and (C) the creditworthiness of an investment. (c) Capital assistance (1) Loans and loan guarantees (A) In general The Secretary may provide loans or loan guarantees to finance or refinance the costs of an eligible investment selected pursuant to subsection (b)(2). (B) Administration of loans (i) Interest rate (I) In general Except as provided under subclause (II), the interest rate on a loan provided under subparagraph (A) shall be not less than the yield on marketable United States Treasury securities of a similar maturity to the maturity of the loan on the date of execution of the loan agreement. (II) Exception The Secretary may waive the requirement under subclause (I) with respect to an investment if the investment is determined by the Secretary of Defense to be vital to the national security of the United States. (III) Criteria The Secretary shall establish separate and distinct criteria for interest rates for loan guarantees with private sector lending institutions. (ii) Final maturity date The final maturity date of a loan provided under subparagraph (A) shall be not later than 50 years after the date of substantial completion of the investment for which the loan was provided. (iii) Prepayment A loan provided under subparagraph (A) may be paid earlier than is provided for under the loan agreement without a penalty. (iv) Nonsubordination (I) In general A loan provided under subparagraph (A) shall not be subordinated to the claims of any holder of investment obligations in the event of bankruptcy, insolvency, or liquidation of the obligor. (II) Exception The Secretary may waive the requirement under subclause (I) with respect to the investment in order to mitigate risks to loan repayment. (v) Sale of loans The Secretary may sell to another entity or reoffer into the capital markets a loan provided under subparagraph (A) if the Secretary determines that the sale or reoffering can be made on favorable terms. (vi) Loan guarantees Any loan guarantee provided under subparagraph (A) shall specify the percentage of the principal amount guaranteed. If the Secretary determines that the holder of a loan guaranteed by the Department of Defense defaults on the loan, the Secretary shall pay the holder as specified in the loan guarantee agreement. (vii) Investment-grade rating The Secretary shall establish a credit rating system to ensure a reasonable reassurance of repayment. The system may include use of existing credit rating agencies where appropriate. (viii) Terms and conditions Loans and loan guarantees provided under subparagraph (A) shall be subject to such other terms and conditions and contain such other covenants, representations, warranties, and requirements (including requirements for audits) as the Secretary determines appropriate. (ix) Applicability of Federal Credit Reform Act of 1990 Loans and loan guarantees provided under subparagraph (A) shall be subject to the requirements of the Federal Credit Reform Act of 1990 ( 2 U.S.C. 661 et seq. (2) Equity investments (A) In general The Secretary may, as a minority investor, support an eligible investment selected pursuant to subsection (b)(2) with funds or use other mechanisms for the purpose of purchasing, and may make and fund commitments to purchase, invest in, make pledges in respect of, or otherwise acquire, equity or quasi-equity securities (such as warrants), or shares or financial interests of the eligible entity receiving support for the eligible investment, including as a limited partner or other investor in investment funds, upon such terms and conditions as the Secretary may determine. (B) Sales and liquidation of position The Secretary shall seek to sell and liquidate any support for an investment provided under subparagraph (A) as soon as commercially feasible, commensurate with other similar investors in the investment and taking into consideration the national security interests of the United States. (3) Technical assistance Subjection to Appropriations acts, the Secretary may provide technical assistance with respect to developing and financing investments to eligible entities seeking capital assistance for eligible investments and eligible entities receiving capital assistance under this section. (4) Terms and conditions (A) Amount of capital assistance The Secretary shall provide to an eligible investment selected pursuant to subsection (b)(2) the amount of assistance necessary to carry out the investment. (B) Use of United States dollars All financial transactions conducted under this section shall be conducted in United States dollars. (d) Establishment of accounts (1) Credit program account (A) Establishment There is established in the Treasury of the United States a Department of Defense Credit Program Account to execute loans and loan guarantees in accordance with section 502 of the Federal Credit Reform Act of 1990 ( 2 U.S.C. 661a (B) Funding The Credit Program Account shall consist of amounts appropriated pursuant to the authorization of appropriations and fees collected pursuant to subparagraph (C). (C) Fee authority The Secretary may charge and collect fees for providing capital assistance in amounts to be determined by the Secretary. The Secretary shall establish the amount of such fees in regulations at an amount sufficient to cover but not exceed the administrative costs to the Office of providing capital assistance. (2) Equity account (A) Establishment There is established in the Treasury of the United States a Department of Defense Strategic Capital Equity Account. (B) Funding The Strategic Capital Equity Account shall consist of all amounts appropriated pursuant to the authorization of appropriations. (3) Use of funds Subject to appropriations Acts, the Secretary is authorized to pay, from the Department of Defense Credit Program Account or the Department of Defense Strategic Capital Equity Account— (A) the cost, as defined in section 502 of the Federal Credit Reform Act of 1990 ( 2 U.S.C. 661a (B) administrative expenses associated with activities under this section; (C) project-specific transaction costs; (D) the cost of providing support authorized by this section; and (E) the costs of equity investments. (e) Regulations The Secretary of Defense shall prescribe such regulations as are necessary to carry out this section. The Secretary may not exercise the authorities available under this section until such time as these regulations have been issued and adopted by the Department. (f) Annual report Not later than the first Monday in February of a fiscal year, the Secretary of Defense shall submit to the congressional defense committees an annual report describing activities carried out pursuant to this section in the preceding fiscal year and the goals of the Department of Defense in accordance with this section for the next fiscal year. (g) Notification requirement The Secretary of Defense shall notify the congressional defense committees not later than 30 days after a use of loans, loan guarantees, equity investments, insurance, or reinsurance under this section. (h) Sunset The authorities provided under this section shall expire on October 1, 2028. (i) Definitions In this section: (1) Capital assistance The term capital assistance (2) Eligible entity The term eligible entity (A) an individual; (B) a corporation, including a limited liability corporation; (C) a partnership, including a public-private, limited, or general partnership; (D) a joint venture, including a strategic alliance; (E) a trust; (F) a State of the United States, including a political subdivision or any other instrumentality of a State; (G) a Tribal government or consortium of Tribal governments; (H) any other governmental entity or public agency in the United States, including a special purpose district or public authority, including a port authority; or (I) a multi-State or multi-jurisdictional group of public entities within the United States. (3) Eligible investment The term eligible investment (A) to identify, accelerate, and sustain the establishment, research, development, construction, procurement, leasing, consolidation, alteration, improvement, or repair of tangible and intangible assets vital to national security; or (B) to protect vital tangible and intangible assets from theft, acquisition, and transfer by adversaries of the United States. (4) Obligor The term obligor 835. Requirement to buy certain satellite components from national technology and industrial base (a) In general Section 4864(a) of title 10, United States Code, is amended by adding at the end the following new paragraph: (6) Traveling-wave tube and traveling wave tube amplifiers A traveling-wave tube and traveling wave tube amplifier, that meets established technical and reliability requirements, used in a satellite weighing more than 400 pounds whose principle purpose is to support the national security, defense, or intelligence needs of the United States Government. . (b) Exception Paragraph (6) of section 4864(a) of title 10, United States Code, as added by subsection (a), shall not apply with respect to programs that received Milestone A approval (as defined in section 2431a (c) Clarification of delegation authority Subject to subsection (i) of section 4864 of title 10, United States Code, the Secretary of Defense may delegate to a service acquisition executive the authority to make a waiver under subsection (d) of such section with respect to the limitation under subsection (a)(6) of such section, as added by subsection (a) of this section. 836. Sense of Congress relating to rubber supply It is the sense of Congress that— (1) the Department of Defense should take all appropriate action to lessen the dependence of the Armed Forces on adversarial nations for the procurement of strategic and critical materials, and that one such material in short supply according to the most recent report from Defense Logistics Agency Strategic Material is natural rubber, undermining our national security and jeopardizing the military’s ability to rely on a stable source of natural rubber for tire manufacturing and production of other goods; and (2) the Secretary of Defense should take all appropriate action, pursuant with the authority provided by the Strategic and Critical Materials Stock Piling Act ( 50 U.S.C. 98a et seq. D Small business matters 841. Amendments to Defense Research and Development Rapid Innovation Program Section 4061 of title 10, United States Code, is amended— (1) in subsection (a)— (A) in paragraph (1)— (i) by inserting to enable and assist small businesses merit-based program (ii) by striking fielding of technologies commercialization of various technologies, including critical technologies (iii) by inserting capabilities developed through competitively awarded prototype agreements defense laboratories, (B) in paragraph (2), by inserting support full-scale integration, evaluation outcomes, (2) in subsection (b)— (A) in paragraph (1), by inserting primarily major defense acquisition programs, but also other candidate proposals in support of (B) in paragraph (2), by striking by each military department by each component small business office of each military department (3) in subsection (d)(2), by striking $3,000,000 $6,000,000 842. Department of Defense Mentor-Protégé Program Section 4902(e) of title 10, United States Code, is amended— (1) in paragraph (1), by redesignating subparagraphs (A) through (D) as clauses (i) through (iv), respectively; (2) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively; (3) by striking Before providing assistance (1) Before providing assistance (4) by adding at the end the following new paragraph: (2) An agreement under this subsection may be a contract, cooperative agreement, or a partnership intermediary agreement. . 843. Consideration of the past performance of affiliate companies of small businesses Not later than July 1, 2024, the Secretary of Defense shall amend section 215.305 of the Defense Federal Acquisition Supplement (or any successor regulation) to require that when small business concerns bid on Department of Defense contracts, the past performance evaluation and source selection processes shall consider, if relevant, the past performance information of affiliate companies of the small business concerns. 844. Timely payments for Department of Defense small business subcontractors (a) Reduction in time for contractor explanation and past performance consideration of unjustified withholding of payments to Department of Defense small business subcontractors Section 8(d)(13)(B)(i) of the Small Business Act ( 15 U.S.C. 637(d)(13)(B)(i) , or, for a covered contract awarded by the Department of Defense, more than 30 days past due, 90 days past due (b) Clarification that contracting officers of the Department of Defense are authorized to enter or modify past performance information related to unjustified non-payment or reduced payment before or after contract close-out Section 8(d)(13)(C) of the Small Business Act ( 15 U.S.C. 637(d)(13)(C) (1) by striking A contracting officer (i) In general A contracting officer ; and (2) by adding at the end the following: (ii) Past performance information for DOD contracts The contracting officer for a covered contract awarded by the Department of Defense may enter or modify past performance information of the prime contractor in connection with the unjustified failure to make a full or timely payment to a subcontractor before or after close-out of the covered contract. . (c) Duty of cooperation to correct and mitigate unjustified failure by Department of Defense prime contractors to make full or timely payments to subcontractors Section 8(d)(13) of the Small Business Act ( 15 U.S.C. 637(d)(13) (1) by redesignating subparagraph (E) as subparagraph (F); (2) by inserting after subparagraph (D) the following: (E) Cooperation on DOD contracts (i) In general If a contracting officer of the Department of Defense determines, with respect to a prime contractor’s past performance, that there was an unjustified failure by the prime contractor on a covered contract awarded by the Department of Defense to make a full or timely payment to a subcontractor covered by subparagraph (B) or (C), such prime contractor is required to cooperate with the contracting officer, who shall consult with the Director of Small Business Programs or Director of Small and Disadvantaged Business Utilization acting pursuant to section 15(k)(6) and other representatives of the Department of Defense, with regards to correcting and mitigating such unjustified failure to make a full or timely payment to the subcontractor. (ii) Period The duty of cooperation under this subparagraph continues until the subcontractor is made whole or the contracting officer’s determination is no longer effective, and regardless of performance or close-out status of the covered contract. ; and (3) in subparagraph (D), by striking subparagraph (E) subparagraph (F) (d) Applicability The amendments made by this section shall apply to any covered contract (as defined in section 8(d)(13)(A) of the Small Business Act ( 15 U.S.C. 637(d)(13)(A) 845. Extension of Pilot Program for streamlined technology transition from the SBIR and STTR Programs of the Department of Defense Section 1710(e) of the National Defense Authorization Act for Fiscal Year 2018 ( Public Law 115–91 September 30, 2023 September 30, 2028 846. Annual reports regarding the SBIR program of the Department of Defense Section 279(a) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 each fiscal years 2021, 2022, and 2023 each fiscal year through fiscal year 2028 847. Modifications to the Procurement Technical Assistance Program (a) Definitions Section 4951 of title 10, United States Code, is amended— (1) in paragraph (1)(C), by striking private, nonprofit organization nonprofit organization (2) by adding at the end the following new paragraph: (5) The term business entity . (b) Cooperative agreements Section 4954 of title 10, United States Code, is amended— (1) in subsection (b)— (A) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B); (B) by inserting (1) Under (C) by adding at the end the following new paragraph: (2) The Secretary shall have the ability to waive or modify the percentages specified in paragraph (1), on a case-by-case basis, if the Secretary determines that it would be in the best interest of the program. ; (2) by striking subsection (c) and redesignating subsections (d), (e), and (f) as subsections (e), (f), and (h); and (3) by inserting after subsection (f), as redesignated by paragraph (2), the following new subsection: (g) Waiver of Government cost share restriction If the Secretary of Defense determines it to be in the best interests of the Federal Government, the Secretary may waive the restrictions on the percentage of eligible costs covered by the program under section (b). The Secretary shall submit to the congressional defense committees a written justification for such determination. . (c) Authority to provide certain types of technical assistance Section 4958(c) of title 10, United States Code, is amended— (1) in paragraph (1), by striking ; and (2) in paragraph (2), by striking the period at the end and inserting ; and (3) by adding at the end the following new paragraphs: (3) under clause 252.204–7012 of the Defense Acquisition Regulation Supplement, or any successor regulation, and on compliance with those requirements (and any successor requirements); and (4) under section 847 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 . 848. Extension of pilot program to incentivize contracting with employee-owned businesses Section 874 of the National Defense Authorization Act for Fiscal Year 2022 ( Public Law 117–81 10 U.S.C. 3204 (1) in subsection (b)— (A) in paragraph (1), by inserting and prescribe regulations establish a pilot program (B) in paragraph (3), by striking A qualified Each contract held by a qualified (2) in subsection (c)(2), by striking expended on subcontracts, subject to such necessary and reasonable waivers (A) to the extent subcontracted amounts exceeding 50 percent are subcontracted to other qualified businesses wholly-owned through an Employee Stock Ownership Plan; (B) in the case of contracts for products, to the extent subcontracted amounts exceeding 50 percent are for materials not available from another qualified business wholly-owned through an Employee Stock Ownership Plan; or (C) pursuant to such necessary and reasonable waivers ; and (3) in subsection (e), by striking five years after eight years after 849. Eliminating self-certification for service-disabled veteran-owned small businesses (a) Definitions In this section: (1) Administrator The term Administrator (2) Small business concern; small business concerns owned and controlled by service-disabled veterans The terms small business concern small business concerns owned and controlled by service-disabled veterans 15 U.S.C. 632 (b) Eliminating Self-Certification in Prime Contracting and Subcontracting for SDVOSBs (1) In general Each prime contract award and subcontract award that is counted for the purpose of meeting the goals for participation by small business concerns owned and controlled by service-disabled veterans in procurement contracts for Federal agencies, as established in section 15(g)(2) of the Small Business Act ( 15 U.S.C. 644(g)(2) 15 U.S.C. 657f (2) Effective date Paragraph (1) shall take effect on October 1 of the fiscal year beginning after the Administrator promulgates the regulations required under subsection (d). (c) Phased Approach to Eliminating Self-Certification for SDVOSBs Notwithstanding any other provision of law, any small business concern that self-certified as a small business concern owned and controlled by service-disabled veterans may— (1) if the small business concern files a certification application with the Administrator before the end of the 1-year period beginning on the date of enactment of this Act, maintain such self-certification until the Administrator makes a determination with respect to such certification; and (2) if the small business concern does not file a certification application before the end of the 1-year period beginning on the date of enactment of this Act, lose, at the end of such 1-year period, any self-certification of the small business concern as a small business concern owned and controlled by service-disabled veterans. (d) Rulemaking Not later than 180 days after the date of enactment of this Act, the Administrator shall promulgate regulations to carry out this section. 850. Payment of subcontractors Section 8(d)(13) of the Small Business Act ( 15 U.S.C. 637(d)(13) (1) in subparagraph (B)(i), by striking 90 days 30 days (2) in subparagraph (C)— (A) by striking contractor shall contractor— (i) shall ; (B) in clause (i), as so designated, by striking the period at the end and inserting ; and (C) by adding at the end the following: (i) may enter or modify past performance information of the prime contractor in connection with the unjustified failure to make a full or timely payment to a subcontractor subject to this paragraph before or after close-out of the covered contract. . (3) in subparagraph (D), by striking subparagraph (E) subparagraph (F) (4) by redesignating subparagraph (E) as subparagraph (F); and (5) by inserting after subparagraph (D) the following”: (E) Cooperation (i) In general Once a contracting officer determines, with respect to the past performance of a prime contractor, that there was an unjustified failure by the prime contractor on a covered contract to make a full or timely payment to a subcontractor covered by subparagraph (B) or (C), the prime contractor is required to cooperate with the contracting officer, who shall consult with the Director of Small Business Programs or the Director of Small and Disadvantaged Business Utilization acting pursuant to section 15(k)(6) and other representatives of the Government, regarding correcting and mitigating the unjustified failure to make a full or timely payment to a subcontractor. (ii) Duration The duty of cooperation under this subparagraph for a prime contractor described in clause (i) continues until the subcontractor is made whole or the determination of the contracting officer determination is no longer effective, and regardless of performance or close-out status of the covered contract. . 851. Increase in Governmentwide goal for participation in Federal contracts by small business concerns owned and controlled by service-disabled veterans Section 15(g)(1)(A)(ii) of the Small Business Act ( 15 U.S.C. 644(g)(1)(A)(ii) 3 percent 5 percent 852. Amendments to contracting authority for certain small business concerns (a) Socially and economically disadvantaged small business concerns Section 8(a)(1)(D)(i)(II) of the Small Business Act ( 15 U.S.C. 637(a)(1)(D)(i)(II) (1) by inserting (or $10,000,000, in the case of a Department of Defense contract, as adjusted for inflation by the Federal Acquisition Regulatory Council under section 1.109 of the Federal Acquisition Regulation) $7,000,000 (2) by inserting (or $8,000,000, in the case of a Department of Defense contract, as adjusted for inflation by the Federal Acquisition Regulatory Council under section 1.109 of the Federal Acquisition Regulation) $3,000,000 (b) Certain small business concerns owned and controlled by women Section 8(m) of the Small Business Act (15 U.S.C.637(m)) is amended— (1) in paragraph (7)(B)— (A) in clause (i), by inserting (or $10,000,000, in the case of a Department of Defense contract, as adjusted for inflation by the Federal Acquisition Regulatory Council under section 1.109 of the Federal Acquisition Regulation) $7,000,000 (B) in clause (ii), by inserting (or $8,000,000, in the case of a Department of Defense contract, as adjusted for inflation by the Federal Acquisition Regulatory Council under section 1.109 of the Federal Acquisition Regulation) $4,000,000 (2) in paragraph (8)(B)— (A) in clause (i), by inserting (or $10,000,000, in the case of a Department of Defense contract, as adjusted for inflation by the Federal Acquisition Regulatory Council under section 1.109 of the Federal Acquisition Regulation) $7,000,000 (B) in clause (ii), by inserting (or $8,000,000, in the case of a Department of Defense contract, as adjusted for inflation by the Federal Acquisition Regulatory Council under section 1.109 of the Federal Acquisition Regulation) $4,000,000 (c) Qualified hubzone small business concerns Section 31(c)(2)(A)(ii) of the Small Business Act ( 15 U.S.C. 657a(c)(2)(A)(ii) (1) in subclause (I), by inserting (or $10,000,000, in the case of a Department of Defense contract, as adjusted for inflation by the Federal Acquisition Regulatory Council under section 1.109 of the Federal Acquisition Regulation) $7,000,000 (2) in subclause (II), by inserting (or $8,000,000, in the case of a Department of Defense contract, as adjusted for inflation by the Federal Acquisition Regulatory Council under section 1.109 of the Federal Acquisition Regulation) $3,000,000 (d) Small business concerns owned and controlled by service-disabled veterans Section 36(c)(2) of the Small Business Act ( 15 U.S.C. 657f(c)(2) (1) in subparagraph (A), by inserting (or $10,000,000, in the case of a Department of Defense contract, as adjusted for inflation by the Federal Acquisition Regulatory Council under section 1.109 of the Federal Acquisition Regulation) $7,000,000 (2) in subparagraph (B), by inserting (or $8,000,000, in the case of a Department of Defense contract, as adjusted for inflation by the Federal Acquisition Regulatory Council under section 1.109 of the Federal Acquisition Regulation) $3,000,000 (e) Certain veteran-owned concerns Section 8127(c) of title 38, United States Code, is amended by striking $5,000,000 15 U.S.C. 657f(c)(2) E Other matters 861. Limitation on the availability of funds pending a plan for implementing the replacement for the Selected Acquisition Reporting system Of the funds authorized to be appropriated by this Act for Operation and Maintenance, Defense-Wide, for travel for the Office of the Under Secretary of Defense for Acquisition and Sustainment, not more than 85 percent may be obligated or expended until the Secretary of Defense submits to the congressional defense committees a plan for implementing the replacement for the Selected Acquisition Reporting system as required by section 809 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 ( Public Law 117–263 (1) a timeline and process for implementing the requirements of such section 809; (2) a timeline and process for implementing quarterly reporting versus annually for the replacement system, including identification of policy, procedural, or technical challenges to implementing that reporting periodicity; (3) a timeline and process for providing access to the replacement reporting system to congressional staff; and (4) a timeline and process for providing access to the replacement reporting system to the Government Accountability Office, the public, and other relevant stakeholders. 862. 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 (1) in subsection (a), by striking seven-year pilot program eight-year pilot program (2) in subsection (g), by striking seven years eight years 863. Modification of effective date for expansion on the prohibition on acquiring certain metal products Section 844(b) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 5 years 6 years 864. Foreign sources of specialty metals Section 4863(d) of title 10, United States Code, is amended— (1) in paragraph (1), by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively; (2) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively; (3) by inserting (1) Subsection (a)(1) (4) by adding at the end the following new paragraph: (2) Any specialty metal procured as mill product or incorporated into a component other than an end item pursuant to this subsection shall be melted or produced— (A) in the United States; (B) in the country from which the mill product or component is procured; or (C) in another country covered under paragraph (1)(A)(ii). . 865. University Affiliated Research Center for critical minerals (a) Plan to establish a university affiliated research center for critical minerals (1) In general The Secretary of Defense, in consultation with the Under Secretary of Defense for Research and Engineering, shall develop a plan to establish a new University Affiliated Research Center (UARC), or to expand a current relevant UARC or consortia of universities, for the purposes of contributing to the capacity of the Department to conduct research, development, engineering or workforce expansion related to critical minerals for national security needs. The plan should focus on institutional capacity at a mining school or schools with expertise in engineering, applied research, commercial and workforce development activities related to critical minerals. (2) Elements The plan required by paragraph (1) shall include the following: (A) An assessment of the engineering, applied research, commercialization, and workforce development capabilities relating to critical minerals of mining schools, including an assessment of the workforce and physical research infrastructure of such schools. (B) An assessment of the ability of mining schools— (i) to participate in defense-related engineering, applied research, commercialization, and workforce development activities relating to critical minerals; (ii) to effectively compete for defense-related engineering, applied research, commercialization, and workforce development contracts and grants; and (iii) to support the mission of the Under Secretary to extend the capabilities of current war fighting systems, develop breakthrough capabilities, hedge against an uncertain future through a set of scientific and engineering options, and counter strategic surprise. (C) An assessment of the activities and investments necessary— (i) to augment facilities or educational programming at mining schools or a consortium of mining schools— (I) to support the mission of the Under Secretary; (II) to access, secure, and conduct research relating to sensitive or classified information; and (III) to respond quickly to emerging engineering, applied research, commercialization, and workforce needs relating to critical minerals. (ii) to increase the participation of mining schools in defense-related engineering, applied research, commercialization, and workforce development activities; and (iii) to increase the ability of mining schools to effectively compete for defense-related engineering, applied research, commercialization, and workforce development contracts and grants. (D) Recommendations identifying actions that may be taken by the Secretary, the Under Secretary, Congress, mining schools, and other organizations to increase the participation of mining schools in defense-related engineering, applied research, commercialization, and workforce development activities, contracts, and grants. (E) The specific goals, incentives, and metrics developed by the Secretary under subparagraph (D) to increase and measure the capacity of mining schools to address the engineering, applied research, commercialization, and workforce development needs of the Department of Defense. (3) Consultations In developing the plan required by paragraph (1), the Secretary and the Under Secretary shall consult with such other public and private sector organizations as the Secretary and the Under Secretary determine appropriate. (4) Report required Not later than one year after the date of the enactment of this Act, the Secretary shall— (A) submit to the congressional defense committees a report that includes the plan developed under paragraph (1); and (B) make the plan available on a publicly accessible website of the Department of Defense. (b) Activities to support the engineering, applied research, commercialization, and workforce development capacity of mining schools (1) In general Subject to the availability of appropriations, the Under Secretary may establish a program to award contracts, grants, or other agreements on a competitive basis, and to perform other appropriate activities, for the purposes described in paragraph (2). (2) Purposes The purposes described in this paragraph are the following: (A) Developing the capability, including workforce and research infrastructure, for mining schools to more effectively compete for Federal engineering, applied research, commercialization, and workforce development funding opportunities. (B) Improving the capability of mining schools to recruit and retain research faculty, and to participate in appropriate personnel exchange programs and educational and career development activities. (C) Any other purposes the Under Secretary determines appropriate for enhancing the defense-related engineering, applied research, commercialization, and development capabilities of mining schools. (c) Increasing partnerships for mining schools with national security research and engineering organizations (1) In general Chapter 305 4145. Research and educational programs and activities: critical minerals (a) Program established (1) In general The Secretary of Defense, acting through the Under Secretary of Defense for Research and Engineering and the Secretary of each military department, shall carry out a program to provide assistance to covered educational institutions to assist the Department of Defense in defense-related critical minerals engineering, applied research, commercialization, and workforce development activities. (2) Limitation on delegation The Secretary of Defense may not delegate or transfer to an individual outside the Office of the Secretary of Defense the authority regarding the programming or budgeting of the program established by this section that is carried out by the Under Secretary of Defense for Research and Engineering. (b) Program objective The objective of the program established by subsection (a)(1) is to enhance defense-related critical minerals research and education at covered educational institutions. Such objective shall be accomplished through initiatives designed to— (1) enhance the critical minerals research and educational capabilities of such institutions in areas of importance to national defense, as determined by the Secretary; (2) encourage the participation of such institutions in the research, development, testing, and evaluation programs and activities of the Department of Defense relating to critical minerals; (3) increase the number of graduates from such institutions engaged in critical minerals-related disciplines important to the national security functions of the Department of Defense, as determined by the Secretary; and (4) encourage research and educational collaborations between such institutions and other institutions of higher education, Government defense organizations, and the defense industry relating to critical minerals. (c) Assistance provided Under the program established under subsection (a)(1), the Secretary of Defense may provide covered educational institutions with funding or technical assistance, including any of the following: (1) Support for research, development, testing, evaluation, or educational enhancements in areas important to national defense through the competitive awarding of grants, cooperative agreements, contracts, scholarships, fellowships, or the acquisition of research equipment or instrumentation. (2) Support to assist in the attraction and retention of faculty in scientific disciplines important to the national security functions of the Department of Defense. (3) Establishing partnerships between such institutions and defense laboratories, Government defense organizations, the defense industry, and other institutions of higher education in research, development, testing, and evaluation in areas important to the national security functions of the Department of Defense. (4) Other such non-monetary assistance as the Secretary finds appropriate to enhance defense-related research, development, testing, and evaluation activities at such institutions. (d) Incentives (1) In general The Secretary of Defense may develop incentives to encourage critical minerals-related research and educational collaborations between covered educational institutions and other institutions of higher education. (2) Goals The Secretary of Defense shall establish goals and incentives to encourage Federally funded research and development centers, science and technology reinvention laboratories, and University Affiliated Research Centers funded by the Department of Defense— (A) to assess the capacity of covered educational institutions to address the critical minerals research and development needs of the Department through partnerships and collaborations; and (B) if appropriate, to enter into partnerships and collaborations with such institutions. (e) Criteria for funding The Secretary of Defense may establish procedures under which the Secretary may limit funding under this section to institutions that have not otherwise received a significant amount of funding from the Department of Defense for research, development, testing, and evaluation programs supporting the national security functions of the Department. (f) Definition of covered educational institution (1) In general In this section, the term covered educational institution (A) a mining, metallurgical, geological, or mineral engineering program— (i) accredited by the Accreditation Board for Engineering and Technology, Inc.; and (ii) located at an institution of higher education; or (B) an institution of higher learning or community college with a geology or engineering program or department that has experience in mining research or work with the mining industry. (2) Institution of higher education For purposes of paragraph (1), the term institution of higher education 20 U.S.C. 1001 . (2) Clerical amendment The table of sections at the beginning of chapter 305 4145. Research and educational programs and activities: critical minerals. . (d) Mining school defined (1) In general In this section, the term mining school (A) a mining, metallurgical, geological, or mineral engineering program— (i) accredited by the Accreditation Board for Engineering and Technology, Inc.; and (ii) located at an institution of higher education; or (B) an institution of higher learning or community college with a geology or engineering program or department that has experience in mining research or work with the mining industry. (2) Institution of higher education For purposes of paragraph (1), the term institution of higher education 20 U.S.C. 1001 866. Enhanced domestic content requirement for navy shipbuilding programs (a) Enhanced domestic content requirement (1) Contracting requirements Except as provided in paragraph (2), for purposes of chapter 83 (A) supplied during the period beginning January 1, 2026, and ending December 31, 2027, exceeds 65 percent of the cost of the manufactured articles, materials, or supplies; (B) supplied during the period beginning January 1, 2028, and ending December 31, 2032, exceeds 75 percent of the cost of the manufactured articles, materials, or supplies; and (C) supplied on or after January 1, 2033, equals 100 percent of the cost of the manufactured articles, materials, or supplies. (2) Applicability to research, development, test, and evaluation activities Contracts related to shipbuilding programs entered into under paragraph (1) to carry out research, development, test, and evaluation activities shall require that these activities and the components specified during these activities must meet the domestic content requirements delineated under paragraph (1). (3) Exclusion for certain manufactured articles Paragraph (1) shall not apply to manufactured articles that consist wholly or predominantly of iron, steel, or a combination of iron and steel. (4) Waiver The Secretary of Defense may request a waiver from the requirements under paragraph (1) in order to expand sourcing to members of the national technical industrial base (as that term is defined in section 4801 of title 10, United States Code). Any such waiver shall be subject to the approval of the Director of the Made in America Office and may only be requested if it is determined that any of the following apply: (A) Application of the limitation would increase the cost of the overall acquisition by more than 25 percent or cause unreasonable delays to be incurred. (B) Satisfactory quality items manufactured by a domestic entity are not available or domestic production of such items cannot be initiated without significantly delaying the project for which the item is to be acquired. (C) It is inconsistent with the public interest. (5) Rulemaking Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in concurrence with the Director of the Made in America Office, shall issue rules to determine the treatment of the lowest price offered for a foreign end product for which 55 percent or more of the component articles, materials, or supplies of such foreign end product are manufactured substantially all from articles, materials, or supplies mined, produced, or manufactured in the United States if— (A) the application of paragraph (1) results in an unreasonable cost; or (B) no offers are submitted to supply manufactured articles, materials, or supplies manufactured substantially all from articles, materials, or supplies mined, produced, or manufactured in the United States. (6) Applicability The requirements of this subsection shall apply to contracts entered into on or after January 1, 2026. (b) Reporting on country of origin manufacturing Not later than one year after the date of the enactment of this Act, and annually thereafter, the Secretary of Defense shall submit to Congress a report on country of origin tracking and reporting as it relates to manufactured content procured as part of Navy shipbuilding programs, including through primary contracts and subcontracts at the second and third tiers. The report shall describe measures taken to ensure that the country of origin information pertaining to such content is reported accurately in terms of the location of manufacture and not determined by the location of sale. 867. Addition of Administrator of the Small Business Administration to the Federal Acquisition Regulatory Council Section 1302(b)(1) of title 41, United States Code, is amended— (1) in subparagraph (C), by striking ; and (2) in subparagraph (D), by striking the period at the end and inserting ; and (3) by adding at the end the following new subparagraph: (E) the Administrator of the Small Business Administration. . 868. Modifications to rights in technical data Section 3771(b) of title 10, United States Code, is amended— (1) in paragraph (3)(C), by inserting for which the United States shall have government purpose rights, unless the Government and the contractor negotiate different license rights component) (2) in paragraph (4)(A)— (A) in clause (ii), by striking ; or (B) by redesignating clause (iii) as clause (iv); and (C) by inserting after clause (ii) the following new clause (iii): (iii) is a release, disclosure, or use of detailed manufacturing or process data— (I) that is necessary for operation, maintenance, installation, or training and shall be used only for operation, maintenance, installation, or training purposes supporting wartime operations or contingency operations; and (II) for which the head of an agency determines that the original supplier of such data will be unable to satisfy military readiness or operational requirements for such operations; or . IX DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT A Office of the Secretary of Defense and Related Matters 901. Establishment of Office of Strategic Capital (a) In general Chapter 4 148. Office of Strategic Capital (a) Establishment There is in the Office of the Secretary of Defense an office to be known as the Office of Strategic Capital (in this section referred to as the Office (b) Director The Office shall be headed by a Director (in this section referred to as the Director (c) Duties The Office shall— (1) develop, integrate, and implement proven capital strategies of partners of the Department of Defense to shape and scale investment in critical technologies and assets; (2) identify and prioritize promising critical technologies and assets for the Department in need of capital assistance; and (3) fund investments in such technologies and assets, including supply chain technologies not always supported through direct investment. (d) Applications An eligible entity seeking capital assistance for an eligible investment shall submit to the Director an application at such time, in such manner, and containing such information as the Director may require. (e) Selection of investments (1) In general The Director shall establish criteria for selecting among eligible investments for which applications are submitted under subsection (d). Such criteria shall include— (A) the extent to which an investment is significant to the national security of the United States; (B) the likelihood that capital assistance provided for an investment would enable the investment to proceed sooner than the investment would otherwise be able to proceed; and (C) the creditworthiness of an investment. (2) Notice and wait requirement The criteria established under paragraph (1) shall not apply until— (A) the Secretary of Defense submits the criteria to the congressional defense committees; and (B) a period of 30 days has elapsed after such submission. (f) Notification Not less than 30 days before exercising the authority provided by section 834 of the National Defense Authorization Act for Fiscal Year 2024, the Director, in coordination with the Under Secretary of Defense for Acquisition and Sustainment and the Under Secretary of Defense for Research and Engineering, shall notify the congressional defense committees of the purpose and terms of any capital assistance proposed to be provided under that section. Such notification may be made in classified form, if necessary. (g) Strategic Capital Advisory Board The Secretary of Defense shall establish a Strategic Capital Advisory Board to advise the Director with respect to activities carried out under this section. (h) Regulations The Secretary shall prescribe such regulations as are necessary to carry out this section, including regulations to ensure internal and external coordination to avoid duplication of effort, reduce inefficiency, and ensure policy coherence across the Department. (i) Effective date The authorities made available under this section may not be exercised until the date that is 30 days after the regulations required by subsection (i) have been— (1) prescribed and adopted by the Department; and (2) submitted to the congressional defense committees. (j) Annual report Not later than December 31 of each ye ar, the Director shall submit to the congressional defense committees a report that— (1) describes the activities of the Office during the most recent fiscal year ending before submission of the report, including— (A) an identification of entities that received capital assistance from the Office during that fiscal year; (B) a description of the status of the financial obligations of those entities as a result of receiving such assistance; and (C) any success stories as a result of such assistance; (2) assesses the status of the finances of the Office as of the end of that fiscal year; and (3) describes the goals of the Office for the fiscal year that begins after submission of the report. (k) Definitions In this section: (1) Capital assistance The term capital assistance (2) Eligible entity The term eligible entity (A) an individual; (B) a corporation; (C) a partnership, including a public-private partnership; (D) a joint venture; (E) a trust; (F) a State, including a political subdivision or any other instrumentality of a State; (G) a Tribal government or consortium of Tribal governments; (H) any other governmental entity or public agency in the United States, including a special purpose district or public authority, including a port authority; or (I) a multi-State or multi-jurisdictional group of public entities. (3) Eligible investment The term eligible investment (A) to identify, accelerate, and sustain the establishment, research, development, construction, procurement, leasing, consolidation, alteration, improvement, or repair of tangible and intangible assets vital to United States national security; or (B) to protect tangible and intangible assets vital to United States national security from theft, acquisition, and transfer by countries that are adversaries of the United States. . (b) 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 of Strategic Capital. . 902. Reinstatement of position of Chief Management Officer of Department of Defense (a) Reinstatement of position (1) In general Chapter 4 section 132 132a. Chief Management Officer (a) Appointment and qualifications (1) There is a Chief Management Officer of the Department of Defense, appointed from civilian life by the President, by and with the advice and consent of the Senate. (2) The Chief Management Officer shall be appointed from among persons who have an extensive management or business background and experience with managing large or complex organizations. A person may not be appointed as Chief Management Officer within seven years after relief from active duty as a commissioned officer of a regular component of an armed force. (b) Responsibilities Subject to the authority, direction, and control of the Secretary of Defense and the Deputy Secretary of Defense, the Chief Management Officer shall perform such duties and exercise such powers as the Secretary or the Deputy Secretary may prescribe, including the following: (1) Serving as the chief management officer of the Department of Defense with the mission of managing enterprise business operations and shared services of the Department of Defense. (2) Serving as the principal advisor to the Secretary and the Deputy Secretary on establishing policies for, and directing, all enterprise business operations of the Department, including planning and processes, business transformation, and performance measurement and management activities and programs, including the allocation of resources for enterprise business operations and unifying business management efforts across the Department. (3) Exercising authority, direction, and control over the Defense Agencies and Department of Defense Field Activities providing shared business services for the Department. (4) Authority to direct the Secretaries of the military departments and the heads of all other elements of the Department with regard to matters for which the Chief Management Officer has responsibility under this section. (5) Serving as the official with principal responsibility in the Department for minimizing the duplication of efforts, maximizing efficiency and effectiveness, and establishing metrics for performance among and for all organizations and elements of the Department. (c) Budget authority (1) (A) Beginning in fiscal year 2025, the Secretary of Defense, acting through the Under Secretary of Defense (Comptroller), shall require the head of each Defense Agency and Department of Defense Field Activity (other than such agencies and activities that are under the direction of the Director of National Intelligence or are elements of the intelligence community) to transmit the proposed budget of such Agency or Activity for enterprise business operations for a fiscal year, and for the period covered by the future-years defense program submitted to Congress under section 221 of this title for that fiscal year, to the Chief Management Officer for review under subparagraph (B) at the same time the proposed budget is submitted to the Under Secretary of Defense (Comptroller). (B) The Chief Management Officer shall review each proposed budget transmitted under subparagraph (A) and, not later than January 31 of the year preceding the fiscal year for which the budget is proposed, shall submit to the Secretary a report containing the comments of the Chief Management Officer with respect to all such proposed budgets, together with the certification of the Chief Management Officer regarding whether each such proposed budget achieves the required level of efficiency and effectiveness for enterprise business operations, consistent with guidance for budget review established by the Chief Management Officer. (C) Not later than March 31 each year, the Secretary shall submit to Congress a report that includes the following: (i) Each proposed budget for the enterprise business operations of a Defense Agency or Department of Defense Field Activity that was transmitted to the Chief Management Officer under subparagraph (A). (ii) Identification of each proposed budget contained in the most recent report submitted under subparagraph (B) that the Chief Management Officer did not certify as achieving the required level of efficiency and effectiveness for enterprise business operations. (iii) A discussion of the actions that the Secretary proposes to take, together with any recommended legislation that the Secretary considers appropriate, to address inadequate levels of efficiency and effectiveness for enterprise business operations achieved by the proposed budgets identified in the report. (iv) Any additional comments that the Secretary considers appropriate regarding inadequate levels of efficiency and effectiveness for enterprise business operations achieved by the proposed budgets. (2) Nothing in this subsection shall be construed to modify or interfere with the budget-related responsibilities of the Director of National Intelligence. (d) Precedence The Chief Management Officer takes precedence in the Department of Defense after the Secretary of Defense and the Deputy Secretary of Defense. (e) Enterprise business operation defined In this section, the term enterprise business operations . (2) Clerical amendment The table of sections at the beginning of chapter 4 of such title is amended by inserting after the item relating to section 132 the following new item: 132a. Chief Management Officer. . (b) Management and oversight of defense business systems Section 2222 of such title is amended— (1) in subsection (c)(2), by striking the Chief Information Officer of the Department of Defense the Chief Management Officer of the Department of Defense (2) in subsection (e)— (A) in paragraph (1), by striking the Chief Information Officer the Chief Management Officer (B) in paragraph (6)— (i) in subparagraph (A), in the matter preceding clause (i)— (I) in the first sentence, by striking The Chief Information Officer of the Department of Defense, in coordination with the Chief Data and Artificial Intelligence Officer, The Chief Management Officer of the Department of Defense (II) in the second sentence, by striking the Chief Information Officer shall the Chief Management Officer shall (ii) in subparagraph (B), in the matter preceding clause (i), by striking The Chief Information Officer The Chief Management Officer (3) in subsection (f)(1), in the second sentence, by inserting the Chief Management Officer and chaired by (4) in subsection (g)(2), by striking the Chief Information Officer of the Department of Defense the Chief Management Officer of the Department of Defense (5) in subsection (i)(5)(B), by striking the Chief Information Officer the Chief Management Officer (c) Conforming amendment Section 131(b) of title 10, United States Code, is amended by inserting after paragraph (1) the following new paragraph (2): (2) The Chief Management Officer of the Department of Defense. . (d) Guidance required Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall— (1) issue guidance to clearly delineate the authorities and responsibilities of the Chief Management Officer of the Department of Defense; and (2) provide a charter for the position of the Chief Management Officer to fully vest the authority of the Chief Management Officer within the Department of Defense. (e) Report on effect of lapse in management oversight on defense business systems (1) In general Not later than 180 days after the date of the enactment of this Act, the Deputy Secretary of Defense shall submit to the congressional defense committees a report on the effect on defense business systems of the abolishment of the position of Chief Management Officer and the failure to reassign the responsibilities of the Chief Management Officer with respect to defense business systems for two years. (2) Defense business system defined In this subsection, the term defense business system 903. Modification of responsibilities of Director of Cost Assessment and Program Evaluation (a) In general Subsection (d) of section 139a of title 10, United States Code, is amended— (1) in paragraph (5)— (A) by striking , ensuring and ensuring (B) by striking , and assessing economy (2) in paragraph (8), by inserting after defense resources , including the standardization of analytical methodologies and the establishment and maintenance of a centralized knowledge repository of physical attributes or other data for modeling and simulation purposes (b) Annual reports Such section is amended by adding at the end the following new subsection: (e) Annual reports (1) In general Not later than February 1, 2024, and annually thereafter, the Director shall submit to the congressional defense committees a report on activities to conduct strategic and operational analysis under paragraphs (2), (3), (6), (7), and (8) of subsection (d) that includes— (A) a review of strategic portfolio reviews completed in the fiscal year preceding submission of the report and a description of such reviews planned for the fiscal year that begins after submission of the report; (B) a review of analyses of alternatives completed in the fiscal year preceding submission of the report and a description of such analyses planned for the fiscal year that begins after submission of the report; and (C) a review of defense program projections completed in the fiscal year preceding submission of the report and a description of such projections planned for the fiscal year that begins after submission of the report. (2) Form Each report required by paragraph (1) shall be submitted in classified form, but shall include an unclassified summary. (3) Briefings Not later than 15 days after submission of each report required by paragraph (1), the Director shall brief the congressional defense committees on the contents of the report. . (c) Program evaluation competitive analysis cell Such section is further amended by adding after subsection (e), as added by subsection (b), the following new subsection: (f) Program evaluation competitive analysis cell (1) In general Not later than June 1, 2024, the Secretary of Defense shall— (A) establish a team, to be known as the Program Evaluation Competitive Analysis Cell (B) ensure that the team has a sufficient number of personnel to carry out the duties of the team. (2) Independence The Program Evaluation Competitive Analysis Cell shall be independent of the Director and shall report only to the Secretary of Defense. . (d) Pilot program on alternative analysis (1) In general The Director of Cost Assessment and Program Evaluation shall establish a pilot program on alternative analysis. (2) Structure The Director shall establish, under the pilot program established under paragraph (1), three analytical groups, focused on programmatic analysis in the following: (A) Year 1 of the future-years defense program under section 221 of title 10, United States Code. (B) Years 2 through 5 of the future-years defense program. (C) Years outside the future-years defense program. (3) Requirements The pilot program established under paragraph (1) shall run at least one strategic portfolio review or equivalent analytical effort per year. (e) Establishment of Analysis Working Group (1) In general Not later than May 1, 2024, the Secretary of Defense shall— (A) establish the Analysis Working Group in the Department of Defense; and (B) ensure that the Analysis Working Group possesses sufficient full-time equivalent support personnel to carry out the duties of the Group. (2) Membership The Analysis Working Group shall be composed of representatives of the following components of the Department of Defense: (A) The Office of the Director of Cost Assessment and Program Evaluation. (B) The Directorate for Joint Force Development (J7) of the Joint Staff. (C) The Directorate for Force Structure, Resources, and Assessment (J8) of the Joint Staff. (D) The Office of the Secretary of Defense for Policy. (E) The Chief Data and Artificial Intelligence Office. (F) The Office of the Chief Information Officer. (G) The United States Indo-Pacific Command. (H) The United States European Command. (3) Duties The Analysis Working Group shall— (A) establish clear priorities and standards to focus analysts on decision support; (B) improve transparency of methodologies, tools, and tradecraft across the analytic community, including testing and validation for new or emerging methodologies, tools, and tradecraft; (C) improve quality of and expand access to data, including evaluation of new data sets, or application of existing data sets in new or novel ways; (D) evolve the methodologies, tools, and tradecraft methods and tools used in strategic analysis; (E) resolve classified access and infrastructure challenges; (F) foster a workforce and organizations that are innovative, creative, and provide high-quality strategic decision support; and (G) conduct such other tasks as the Secretary of Defense considers appropriate. (f) Rule of construction Nothing in this section shall be construed to interfere with the requirements of the Chiefs of Staff of the Armed Forces to establish military requirements, performance requirements, and joint performance requirements, or the requirement of the Joint Requirements Oversight Council to validate such requirements under section 181 of title 10, United States Code. 904. Roles and responsibilities for components of Office of Secretary of Defense for joint all-domain command and control in support of integrated joint warfighting (a) In general The Secretary of Defense shall establish the roles and responsibilities of components of the Office of the Secretary of Defense for development and delivery to combatant commands of capabilities that are essential to integrated joint warfighting capabilities, as follows: (1) The Deputy Chief Technology Officer for Mission Capabilities of the Office of the Under Secretary of Defense for Research and Engineering shall be responsible for— (A) identifying new technology and operational concepts for experimentation and prototyping for delivery to the Joint Force to address key operational challenges; (B) providing technical support for the Joint Force in exploring and analyzing new capabilities, operational concepts, and systems-of-systems composition, including through advanced modeling and simulation; and (C) executing associated experimentation, through the Rapid Defense Experimentation Reserve (RDER) or another mechanism. (2) The Executive Director for Acquisition, Integration, and Interoperability of the Office of the Under Secretary of Defense for Acquisition and Sustainment shall be responsible for— (A) enabling the acquisition of cross-domain, joint, and cross-system kill chains and mission capabilities, including resourcing of modifications necessary for integration and interoperability among kill chain and mission components; and (B) ensuring the effectiveness of cross-domain, joint, and cross-system kill chains and mission capabilities through analysis and testing. (3) The Chief Digital and Artificial Intelligence Officer shall be responsible for creating and operating a factory-based approach for software development that allows for iterative, secure, and continuous deployment of developmental, prototype, and operational tools and capabilities from multiple vendors to test networks and operational networks for combatant commanders to— (A) gain operational awareness, make decisions, and take actions; (B) integrate relevant data sources to support target selection, target prioritization, and weapon-target pairing; and (C) prosecute targets through military service and combat support agency networks, tools, and systems. (b) Coordination The officials referred to in paragraphs (1), (2), and (3) of subsection (a) shall coordinate and align their plans and activities to implement subsection (a) among themselves and with the combatant commanders. (c) Initial prioritization In developing an initial set of capabilities described in subsection (a), the officials referred to in paragraphs (1), (2), and (3) of that subsection shall prioritize the requirements of the United States Indo-Pacific Command. (d) Briefings required Not later than 90 days after the date of the enactment of this Act, and every 180 days thereafter through December 31, 2026, the officials referred to in paragraphs (1), (2), and (3) of subsection (a) shall provide briefings to the congressional defense committees on their plans and activities to implement subsection (a). (e) Report required Not later than March 1, 2024, the Chief Data and Artificial Intelligence Officer, in consultation with the Deputy Chief Technology Officer for Mission Capabilities of the Office of the Under Secretary of Defense for Research and Engineering and the Executive Director for Acquisition, Integration, and Interoperability of the Office of the Under Secretary of Defense for Acquisition and Sustainment, shall submit to the congressional defense committees a report that includes— (1) a plan and associated timelines for deploying and demonstrating a joint data integration layer prototype in the United States Indo-Pacific Command area of operations; (2) a plan and associated timelines for transitioning such a prototype, upon its successful demonstration, to fielding as soon as practicable given the urgent need for a joint all-domain command and control (commonly referred to as JADC2 (3) a plan and associated timelines for reaching initial operational capability for a joint data integration layer within the United States Indo-Pacific Command area of operations; (4) a plan and associated timelines for scaling that capability to future areas of operation across the combatant commands; (5) an assessment of the required type and number of personnel at the United States Indo-Pacific Command to enable sustained growth in JADC2 capabilities; and (6) a plan and associated timelines for— (A) identifying specific critical effects chains necessary to overcome anti-access and area denial capabilities and offensive military operations of foreign adversaries; and (B) creating, demonstrating, deploying, and sustaining such chains. 905. Principal Deputy Assistant Secretaries to support Assistant Secretary of Defense for Special Operations and Low Intensity Conflict The Secretary of Defense may appoint two Principal Deputy Assistant Secretaries to report to the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict— (1) one of whom may be assigned to support the Assistant Secretary in the discharge of responsibilities specified in clause (i) of section 138(b)(2)(A) of title 10, United States Code; and (2) one of whom may be assigned to support the Assistant Secretary in the discharge of responsibilities specified in clause (ii) of that section. 906. Modification of cross-functional team to address emerging threat relating to directed energy capabilities Section 910 of the National Defense Authorization Act for Fiscal Year 2022 ( Public Law 117–81 10 U.S.C. 111 (1) in the section heading, by striking anomalous health incidents directed energy capabilities (2) in subsection (a), by striking anomalous health incidents (as defined by the Secretary) emerging directed energy capabilities, including such capabilities that could plausibly result in anomalous health incidents (as defined by the Secretary), (3) in subsection (b)— (A) in the matter preceding paragraph (1), by inserting to assist the Secretary of Defense shall be (B) by amending paragraph (1) to read as follows: (1) to address the threat posed by emerging directed energy capabilities, such as anti-personnel weapons, including the detection and mitigation of, and development of countermeasures for, such capabilities; ; (C) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; (D) by inserting after paragraph (1) the following new paragraph (2): (2) to conduct necessary investigation and activities to understand the causation, attribution, mitigation, identification, and treatment for anomalous health incidents; ; and (E) in paragraph (4), as redesignated by subparagraph (C), by striking any other efforts regarding such incidents with any other efforts regarding emerging directed energy capabilities, hazards of electromagnetic radiation to personnel, and anomalous health incidents (4) in subsection (d), by striking in consultation with the Director of National Intelligence and (5) in subsection (e)(2)— (A) by striking March 1, 2026 March 1, 2028 (B) by striking anomalous health incidents emerging directed energy capabilities, including such capabilities that could plausibly result in anomalous health incidents 907. Pilot program on protecting access to critical assets (a) In general The Secretary of Defense shall establish a pilot program within the Office of the Under Secretary of Defense for Acquisition and Sustainment under which the Under Secretary will conduct and coordinate assessments, support industrial base decision-making, and provide mitigation measures to counter adversarial capital flows into industries or businesses of interest to the Department of Defense intended to undermine or deny— (1) the access of the United States to key capabilities; or (2) the ability of the United States to place such capabilities in physical locations necessary for national security functions. (b) Elements (1) In general Under the pilot program required by subsection (a), the Under Secretary may perform the following tasks: (A) Conduct coordinated and integrated analysis of adversarial capital flows into industries or businesses of interest to the Department of Defense. (B) Support coordination and outreach with technology scouting and acquisition elements of the Department to support the investment decision-making of those elements and consideration of how to counteract entities employing adversarial capital flows against industries or businesses described in subparagraph (A), including the employment of relevant authorities vested in other components of the Department and the Federal Government. (C) Identify, accelerate, and sustain the establishment, research, development, construction, procurement, leasing, consolidation, alteration, improvement, modernization, and repair of tangible and intangible assets vital to the national security of the United States. (D) Protect tangible and intangible assets vital to the national security of the United States from theft, acquisition, and transfer by adversaries or strategic competitors of the United States. (E) Provide capital assistance to entities engaged in investments that facilitate the efforts of the Under Secretary under subparagraphs (C) and (D) utilizing existing authorities available to the Department, such as the authority provided under section 834. (F) Experiment, prototype, test, or validate Government-developed or commercially developed analytical tools, processes, and tradecraft to improve the due diligence and investment analysis processes for the Department. (2) Use of certain financial instruments The Under Secretary may perform the tasks described in paragraph (1) using the authorities provided by section 834. (c) Coordination In establishing the pilot program required by subsection (a), the Secretary shall coordinate the activities being carried out under the pilot program with the following entities: (1) The Air Force Office of Concepts, Development, and Management. (2) The Air Force Office of Commercial and Economic Analysis. (3) The Special Operations Command. (4) The Defense Innovation Unit. (5) The Office of Strategic Capital established under section 148 of title 10, United States Code, as added by section 901. (6) Such other entities as the Secretary considers appropriate. (d) Regulations The Secretary of Defense shall prescribe such regulations as are necessary to carry out this section. (e) Effective date The Secretary may not carry out activities or exercise authorities under this section until the date that is 30 days after the date on which the Secretary submits to the congressional defense committees the regulations required by subsection (d). (f) Briefing required Not later than 90 days after the date of the enactment of this Act, the Under Secretary shall provide a briefing to the congressional defense committees that details implementation of the pilot program required by subsection (a). (g) Termination The pilot program required by subsection (a) shall terminate on September 30, 2028. (h) Definitions In this section: (1) Adversarial capital flow The term adversarial capital flow (A) the government of a country that is an adversary of the United States; or (B) an entity organized under the laws of, or otherwise subject to the jurisdiction of, such a country. (2) Capital assistance The term capital assistance 908. Extension of mission management pilot program Section 871 of the National Defense Authorization Act for Fiscal Year 2022 ( Public Law 117–81 10 U.S.C. 191 (1) in subsection (b)— (A) in paragraph (1)— (i) by striking In general In general (A) Selection Except ; and (ii) by adding at the end the following new subparagraph: (B) Delegation of oversight and management The Deputy Secretary of Defense may delegate one or more mission managers to oversee the selected missions and provide management around mission outcomes. ; and (B) by adding at the end the following new paragraph: (4) Identification of funding For each mission selected under paragraph (1), the Deputy Secretary of Defense shall identify funding sources in detail in defense budget materials for budgets submitted to Congress pursuant to section 1105 of title 31, United States Code, with selected missions and solution detailed in materials for each budgetary item associated with a selected mission. ; (2) in subsection (c)(2)— (A) in subparagraph (E), by striking ; and (B) by redesignating subparagraph (F) as subparagraph (G); and (C) by inserting after subparagraph (E) the following new subparagraph: (F) assist the Deputy Secretary of Defense in the identification of funding that could contribute to the mission, including through existing authorized methods to realign, reprogram, or transfer funds; and ; (3) in subsection (f)(1)(A), by striking every six months thereafter until the date that is five years after the date of the enactment of this Act annually thereafter until September 30, 2031 (4) in subsection (h), by striking terminate on the date that is five years after the date of the enactment of this Act terminate on September 30, 2031 909. Conforming amendments to carry out elimination of position of Chief Management Officer (a) Removal of references to Chief Management Officer in provisions of law relating to precedence Chapter 4 (1) in section 133a(c)— (A) in paragraph (1), by striking , the Deputy Secretary of Defense, and the Chief Management Officer of the Department of Defense and the Deputy Secretary of Defense (B) in paragraph (2), by striking the Chief Management Officer, (2) in section 133b(c)— (A) in paragraph (1), by striking the Chief Management Officer of the Department of Defense, (B) in paragraph (2), by striking the Chief Management Officer, (3) in section 137a(d), by striking the Chief Management Officer of the Department of Defense, (4) in section 138(d), by striking the Chief Management Officer of the Department of Defense, (b) Assignment of periodic review of Defense Agencies and Department of Defense field activities to Secretary of Defense Section 192(c) of such title is amended— (1) in paragraph (1)— (A) in subparagraph (A), in the first sentence, by striking the Chief Management Officer of the Department of Defense the Secretary of Defense (B) in subparagraphs (B) and (C), by striking the Chief Management Officer the Secretary (2) in paragraph (2), by striking the Chief Management Officer the Secretary (c) Assignment of responsibility for financial improvement and audit remediation to under Secretary of Defense (Comptroller) Section 240b of such title is amended— (1) in subsection (a)(1), by striking The Chief Management Officer of the Department of Defense shall, in consultation with the Under Secretary of Defense (Comptroller), The Under Secretary of Defense (Comptroller) shall, in consultation with the Performance Improvement Officer of the Department of Defense, (2) in subsection (b)(1)(C)(ii), by striking the Chief Management Officer the Performance Improvement Officer (d) Removal of Chief Management Officer as recipient of reports of audits by external auditors Section 240d(d)(1)(A) of such title is amended by striking and the Chief Management Officer of the Department of Defense (e) Conforming amendments to provisions of law related to Freedom of Information Act exemptions Such title is further amended— (1) in section 130e— (A) by striking subsection (d); (B) by redesignating subsections (e) and (f) as subsections (d) and (e), respectively; and (C) in subsection (d), as so redesignated— (i) in the first sentence, by striking , or the Secretary's designee, (ii) in the second sentence, by striking , through the Office of the Director of Administration and Management (2) in section 2254a— (A) by striking subsection (c); (B) by redesignating subsection (d) as subsection (c); and (C) in subsection (c), as so redesignated— (i) in the first sentence, by striking , or the Secretary's designee, (ii) in the second sentence, by striking , through the Office of the Director of Administration and Management (f) Removal of Chief Management Officer as required coordinator on defense resale matters Section 631(a) of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 10 U.S.C. 2481 , in coordination with the Chief Management Officer of the Department of Defense, B Other Department of Defense Organization and Management Matters 921. Joint Energetics Transition Office (a) In general The Secretary of Defense shall realign roles, responsibilities, and resources as necessary to establish a Joint Energetics Transition Office (in this section referred to as the Office (b) Responsibilities The Office shall— (1) develop and periodically update an energetic materials strategic plan and investment strategy to guide current and future investments in new and legacy energetic materials and technologies, including by— (A) developing or supporting the development of strategies and roadmaps, under the future-years defense program under section 221 of title 10, United States Code, and the program objective memorandum process, for energetic materials and technologies; and (B) initiating special studies or analyses to inform the program objective memorandum process; (2) coordinate and synchronize existing research, development, test, and evaluation efforts in energetic materials across the Department of Defense to identify promising new energetic materials and technologies— (A) to mature, integrate, prototype, and demonstrate novel energetic materials and technologies, including classification and characterization testing of new materials and manufacturing technologies; (B) to expedite testing, evaluation, and acquisition of energetic materials and technologies to meet the emergent needs of the Department, including the rapid integration of promising new materials and other promising energetic compounds into existing and planned weapons platforms; and (C) to identify existing or establish new prototyping demonstration venues to integrate advanced technologies that speed the maturation and deployment of future energetic materials; (3) oversee a process to expedite the qualification process for energetic materials, from discovery through integration into weapon systems, and recommend changes to laws, regulations, and policies that present barriers that extend timelines for that process; and (4) carry out such other responsibilities relating to energetic materials as the Secretary shall specify. (c) Report required The Deputy Secretary of Defense shall submit to the congressional defense committees— (1) not later than 60 days after the date of the enactment of this Act, a report on the status of the establishment of the Office under subsection (a); and (2) not later than one year after such date of enactment, a report on the measures taken to provide the Office with the staff and resources necessary for the Office to carry out its responsibilities under subsection (b). 922. Transition of oversight responsibility for the Defense Technology Security Administration (a) Plan required Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall develop a transition plan to realign the Defense Technology Security Administration under the authority, direction, and control of the Assistant Secretary of Defense for Industrial Base Policy. (b) Submission of plan Not later than 7 days after the date on which the Secretary completes development of the plan required by subsection (a), the Secretary shall submit the plan to the congressional defense committees. (c) Implementation of plan Not later than 180 days after the date on which the Secretary completes development of the plan required by subsection (a), the Secretary shall realign the Defense Technology Security Administration under the authority, direction, and control of the Assistant Secretary of Defense for Industrial Base Policy. 923. Integrated and authenticated access to Department of Defense systems for certain congressional staff for oversight purposes Section 1046(a) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 ( Public Law 117–263 (1) in paragraph (1)(B), by striking ; and (2) in paragraph (2), by striking the period at the end and inserting ; and (3) by adding at the end the following new paragraph: (3) to the extent feasible, be integrated with software used by the Department of Defense Parking Management Office to validate parking requests. . 924. Integration of productivity software suites for scheduling data The Secretary of Defense shall ensure that the Department of Defense is capable of scheduling congressional engagements in a digitally interoperable manner by not later than February 25, 2024, either through— (1) integrating the productivity software suite of the Department of Defense with the productivity software suite of the congressional defense committees; or (2) enabling the automated transmission of scheduling data through another software solution. 925. Operationalizing audit readiness (a) Metrics required (1) In general The Secretary of Defense, in coordination with the Secretaries of the military departments, shall develop a set of command audit metrics that link existing audit readiness goals and metrics for the financial management community with unit leadership goals and metrics to provide operationally relevant performance measures for use by unit commanders. (2) Leveraging support In developing the metrics required by paragraph (1), the Secretary may leverage support from an existing federally funded research and development center or university-affiliated research center. (3) Deadline An initial set of metrics shall be developed and implemented under paragraph (1) not later than April 30, 2025. (b) Training (1) In general The President of the Defense Acquisition University shall develop training curricula to support the workforce of the Department of Defense in understanding, implementing, and utilizing the metrics developed under subsection (a) in the day-to-day performance of their command and leadership duties. (2) Deadline An initial training curriculum shall be developed and implemented under paragraph (1) not later than April 30, 2025. (c) Leader performance assessments (1) In general The Secretary of Defense, in coordination with the Secretaries of the military departments, shall evaluate means by which the metrics developed under subsection (a) can be used in the performance evaluation of unit commanders. (2) Briefing required Not later than September 30, 2024, the Secretary shall provide a briefing to the Committees on Armed Services of the Senate and the House of Representatives on the evaluation conducted under paragraph (1). The briefing shall include the following elements: (A) Identification of the appropriate command echelon at which to assess unit leader performance using the metrics developed under subsection (a). (B) Evaluations of available measures to reward superior or above average performance with respect to such metrics. (C) Assessment of the potential value, and challenges, to integrating such measures into the annual performance evaluations for designated unit leaders. (D) Any other issues the Secretary considers appropriate. 926. Next generation business health metrics (a) Metrics required The Secretary of Defense, acting through the Director of Administration and Management and in coordination with the Secretaries of the military departments, shall develop an updated set of business health metrics to inform decision-making by senior leaders of the Department of Defense. (b) Elements In developing the metrics required by subsection (a), the Director shall— (1) using the current literature on performance measurement, determine what additional new metrics should be implemented, or current metrics should be adapted, to reduce output-based measures and emphasize objective, measurable indicators aligned to enduring strategic goals of the Department of Defense; (2) assess the current business processes of the Department and provide recommendations to align the metrics with available data sources to determine what gaps might exist in such processes; (3) ensure that data can be collected automatically and, on a long-term basis, in a manner that provides for longitudinal analysis; (4) link the metrics with the Strategic Management Plan and other performance documents guiding the Department; (5) identify any shortfalls in resources, data, training, policy, or law that could be an impediment to implementing the metrics; (6) revise leading and lagging indicators associated with each such metric to provide a benchmark against which to assess progress; (7) improve visualization of and comprehension for the use of the metrics in data-driven decision-making, including adoption of new policies and training as needed; (8) incorporate the ability to aggregate and disaggregate data to provide the ability to focus on functional, component-level metrics; and (9) increase standardization of the use and collection of business health metrics across the Department. (c) Additional support In developing the metrics required by subsection (a), the Director may leverage support from an existing federally funded research and development center or university-affiliated research center. (d) Briefing required Not later than January 30, 2025, the Director shall brief the Committees on Armed Services of the Senate and the House of Representatives on the development of the metrics required by subsection (a). 927. Independent assessment of defense business enterprise architecture (a) In general The Secretary of Defense shall select a federally funded research and development center or a university affiliated research center to conduct an independent assessment of the defense business enterprise architecture developed under section 2222(e) of title 10, United States Code. (b) Elements The assessment required by subsection (a) shall include the following elements: (1) An assessment of the effectiveness of the defense business enterprise architecture as of the date of the enactment of this Act in providing an adequate and useful framework for planning, managing, and integrating the business systems of the Department of Defense. (2) A comparison of the defense business enterprise architecture with similar models in use by other government agencies in the United States, foreign governments, and major commercial entities, including an assessment of any lessons from such models that might be applied to the defense business enterprise architecture. (3) An assessment of the adequacy of the defense business enterprise architecture in informing business process reengineering and being sufficiently responsive to changes in business processes over time. (4) An identification of any shortfalls or implementation challenges in the utility of the defense business enterprise architecture. (5) Recommendations for replacement of the existing defense business enterprise architecture or for modifications to the existing architecture to make that architecture and the process for updating that architecture more effective and responsive to the business process needs of the Department. (c) Interim briefing Not later than April 1, 2024, the Secretary shall brief the Committees on Armed Services of the Senate and the House of Representatives on the status of the assessment required by subsection (a). (d) Final report Not later than January 30, 2025, 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 assessment required by subsection (a). 928. Limitation on establishment of new diversity, equity, and inclusion positions; hiring freeze (a) In general During the period described in subsection (b), the Secretary of Defense may not— (1) establish any new positions within the Department of Defense with responsibility for matters relating to diversity, equity, and inclusion; or (2) fill any vacancies in positions in the Department with responsibility for such matters. (b) Period described The period described in this subsection is the period— (1) beginning on the date of the enactment of this Act; and (2) ending on the date on which the Comptroller General of the United States submits to Congress the review of the Department of Defense diversity, equity, and inclusion workforce required by the report of the Committee on Armed Services of the Senate accompanying the National Defense Authorization Act for Fiscal Year 2024. 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 2024 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. Annual report on budget prioritization by Secretary of Defense and military departments (a) In general Chapter 9 section 222d 222e. Programs, projects, and activities that were internally reduced or eliminated in the submission of the President’s budget: annual report (a) In general The Secretary of Defense, acting through the Secretaries of the military departments and the officers of Department of Defense agencies and offices not under the control of a Secretary of a military department, shall submit to the congressional defense committees each year, not later than 15 days after the submission of the budget of the President for the fiscal year beginning in such year under section 1105(a) of title 31, a report that includes organized tabulations of programs, projects, and activities the total obligational authority for which was reduced or eliminated in the current budget year proposal compared to the prior-year projection for the current year. (b) Elements The tabulations required under subsection (a) shall include, for each program, project, or activity that was internally reduced or eliminated, the following elements: (1) Whether the program, project, or activity was eliminated or reduced and which fiscal year it was eliminated or reduced in. (2) Appropriations sub-account. (3) The appropriate program element, line item number, or sub-activity group. (4) Program, project, or activity name. (5) Prior year enacted appropriation. (6) Prior year projected current year budget. (7) Current year budget request. (8) If applicable, the amount reduced or saved by the current year elimination or reduction over the future years defense plan. (9) The rationale for reduction or elimination. (c) Form The report required under subsection (a) shall be submitted in machine readable, electronic form. . (b) Clerical amendment The table of sections at the beginning of chapter 9 of such title is amended by inserting after the item relating to section 222d the following new item: 222e. Programs, projects, and activities that were internally reduced or eliminated in the submission of the President’s budget: annual report. . 1003. Additional reporting requirements related to unfunded priorities Section 222a(c)(1) of title 10, United States Code, is amended by adding at the end the following new subparagraph: (E) For each priority— (i) the requirement that will be addressed which is not in the base budget request; (ii) the reason why the priority was not included in the base budget request; (iii) a description of previous funding to address the requirement; (iv) an assessment of the impact of the priority on the future years defense plan. . 1004. Sense of the Senate on need for emergency supplemental appropriations It is the sense of the Senate that— (1) section 101 of the Fiscal Responsibility Act of 2023 ( Public Law 118–5 (2) if those spending limits for either category are breached, then across-the-board sequestration cuts are triggered on that category to eliminate the breach; (3) the enactment of authorization and appropriations legislation for the Department of Defense will provide inherent cost savings that continuing resolutions do not provide; (4) there are growing national security concerns that require additional funds beyond the revised security spending limit, to include continued support to the Ukrainian armed forces, additional munitions production, additional large surface combatants, shipbuilding industrial base modernization investments, submarine industrial base and supply chain management, additional production of wheeled and tracked combat vehicles, and emergent capabilities and exercises in the United States Indo-Pacific Command; (5) as the Senate Majority Leader Chuck Schumer stated on June 1, 2023, This debt ceiling deal does nothing to limit the Senate’s ability to appropriate emergency/supplemental funds to ensure our military capabilities are sufficient to deter China, Russia, and our other adversaries and respond to ongoing and growing national security threats, including Russia’s ongoing war of aggression against Ukraine, our ongoing competition with China and its growing threat to Taiwan, Iranian threats to American interests and those of our partners in the Middle East, or any other emerging security crisis; nor does this debt ceiling deal limit the Senate’s ability to appropriate emergency/supplemental funds to respond to various national issues, such as disaster relief, or combating the fentanyl crisis, or other issues of national importance. (6) the President should expeditiously send emergency funding requests to the Senate for consideration so that those needs can receive sufficient and additional funds. B Counterdrug activities 1011. Disruption of fentanyl trafficking (a) Sense of Senate It is the sense of the Senate that— (1) fentanyl trafficking across the borders of the United States, and the consequences of that trafficking, constitute an unprecedented, nontraditional, and long-term threat to the national security of the United States; (2) transnational criminal organizations have established effective control over significant areas within Mexico, which has enabled the development of fentanyl production and trafficking infrastructure; (3) combating fentanyl trafficking demands— (A) improved interagency command, control, communications, and intelligence sharing to enhance the effectiveness of the interdiction of fentanyl at the borders of the United States; and (B) whole-of-government solutions comprised of an integrated and synchronized interagency organizational construct committed to dismantling the process of trafficking fentanyl from chemical precursor to production to delivery in the United States and enabling partner nations to do the same; (4) it is within the national security interest of the United States for Federal, State, and local law enforcement agencies, the Department of Defense, the Department of State, other counter-drug agencies, and stakeholders to effectively communicate and that the failure of effective communication affects the prevention, interdiction, and prosecution of fentanyl trafficking and distribution into and within the United States; and (5) the United States must partner with Mexico and Canada to combat fentanyl trafficking through institution building, the dismantling of cartels, and seizures of fentanyl in Mexico, Canada, and intrastate transit zones. (b) Development of strategy to counter fentanyl trafficking and report (1) Strategy (A) In general Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with other Federal agencies as the Secretary considers appropriate, shall develop and submit to the appropriate congressional committees a strategy to use existing authorities, including the authorities under section 124 of title 10, United States Code, as appropriate, to target, disrupt, or degrade threats to the national security of the United States caused or exacerbated by fentanyl trafficking. (B) Contents The strategy required by subparagraph (A) shall outline how the Secretary of Defense will— (i) leverage existing authorities regarding counterdrug and counter-transnational organized crime activities with a counter-fentanyl nexus to detect and monitor activities related to fentanyl trafficking; (ii) support operations to counter fentanyl trafficking carried out by other Federal agencies, State, Tribal, and local law enforcement agencies, or foreign security forces; (iii) coordinate efforts of the Department of Defense for the detection and monitoring of aerial, maritime, and surface traffic suspected of carrying fentanyl bound for the United States, including efforts to unify the use of technology, surveillance, and related resources across air, land, and maritime domains to counter fentanyl trafficking, including with respect to data collection, data processing, and integrating sensors across such domains; (iv) provide military-unique capabilities to support activities by the United States Government and foreign security forces to detect and monitor the trafficking of fentanyl and precursor chemicals used in fentanyl production, consistent with section 284(b)(10) of title 10, United States Code; (v) leverage existing counterdrug and counter-transnational organized crime programs of the Department to counter fentanyl trafficking; (vi) assess existing training programs of the Department and provide training for Federal, State, Tribal, and local law enforcement agencies conducted by special operations forces to counter fentanyl trafficking, consistent with section 284(b) of title 10, United States Code; (vii) engage with foreign security forces to ensure the counterdrug and counter-transnational organized crime programs of the Department— (I) support efforts to counter fentanyl trafficking; and (II) build capacity to interdict fentanyl in foreign countries, including programs to train security forces in partner countries to counter fentanyl trafficking, including countering illicit flows of fentanyl precursors, consistent with sections 284(c) and 333 of title 10, United States Code; (viii) use the North American Defense Ministerial and the bilateral defense working groups and bilateral military cooperation round tables with Canada and Mexico to increase domain awareness to detect and monitor fentanyl trafficking; and (ix) evaluate existing policies, procedures, processes, and resources that affect the ability of the Department to counter fentanyl trafficking consistent with existing counterdrug and counter-transnational organized crime authorities. (C) Form The strategy required by subparagraph (A) shall be submitted in unclassified form, but may include a classified annex. (D) Briefing Not later than 45 days after the submission of the strategy required by subparagraph (A), the Secretary shall provide to the appropriate congressional committees a briefing on the strategy and plans for its implementation. (2) Report on law enforcement reimbursement The Secretary of Defense shall submit to the appropriate congressional committees a report on— (A) any goods or services provided under section 1535 of title 31, United States Code (commonly known as the Economy Act (B) any payments made for such goods or services under such section during such period. (c) Cooperation with Mexico (1) In general The Secretary of Defense shall seek to enhance cooperation with defense officials of the Government of Mexico to target, disrupt, and degrade transnational criminal organizations within Mexico that traffic fentanyl. (2) Report on enhanced security cooperation (A) In general Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the appropriate congressional committees a report on efforts to enhance cooperation with defense officials of the Government of Mexico specified in paragraph (1). (B) Contents The report required by subparagraph (A) shall include— (i) an assessment of the impact of the efforts to enhance cooperation described in paragraph (1) on targeting, disrupting, and degrading fentanyl trafficking; (ii) a description of limitations on such efforts, including limitations imposed by the Government of Mexico; (iii) recommendations by the Secretary on actions to further improve cooperation with defense officials of the Government of Mexico; (iv) recommendations by the Secretary on actions of the Department of Defense to further improve the capabilities of the Government of Mexico to target, disrupt, and degrade fentanyl trafficking; and (v) any other matter the Secretary considers relevant. (C) Form The report required by subparagraph (A) may be submitted in unclassified form but shall include a classified annex. (d) Definitions In this section: (1) Appropriate congressional committees The term appropriate congressional committees (A) the Committee on Armed Services of the Senate; and (B) the Committee on Armed Services of the House of Representatives. (2) Fentanyl The term fentanyl (3) Fentanyl-related substance The term fentanyl-related substance (A) means any substance that is structurally related to fentanyl by 1 or more modifications of— (i) replacement of the phenyl portion of the phenethyl group by any monocycle, whether or not further substituted in or on the monocycle; (ii) substitution in or on the phenethyl group with alkyl, alkenyl, alkoxyl, hydroxyl, halo, haloalkyl, amino, or nitro groups; (iii) substitution in or on the piperidine ring with alkyl, alkenyl, alkoxyl, ester, ether, hydroxyl, halo, haloalkyl, amino, or nitro groups; (iv) replacement of the aniline ring with any aromatic monocycle whether or not further substituted in or on the aromatic monocycle; and (v) replacement of the N-propionyl group with another acyl group; and (B) does not include a substance described in subparagraph (A) that is— (i) controlled by action of the Attorney General pursuant to section 201 of the Controlled Substances Act ( 21 U.S.C. 811 (ii) expressly listed in Schedule I of section 202(c) of that Act ( 21 U.S.C. 812 (iii) removed from Schedule I, or rescheduled to another schedule, pursuant to section 201(k) of that Act ( 21 U.S.C. 811(k) (4) Illegal means The term illegal means (5) Security cooperation program The term security cooperation program (6) Transnational criminal organization (A) In general The term transnational criminal organization (B) Additional organizations The term transnational criminal organization 1012. Enhanced support for counterdrug activities and activities to counter transnational organized crime Section 284(b)(9) of title 10, United States Code, is amended by striking linguist and intelligence analysis linguist, intelligence analysis, and planning 1013. Modification of support for counterdrug activities and activities to counter transnational organized crime: increase in cap for small scale construction projects Section 284(i)(3) of title 10, United States Code, is amended by striking $750,000 $1,500,000 1014. Building the capacity of armed forces of Mexico to counter the threat posed by transnational criminal organizations (a) Pilot program Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Secretary of State, shall establish a pilot program to assess the feasibility and advisability of building the capacity of armed forces of Mexico in the United States on goals, jointly agreed to by the Governments of the United States and Mexico, to counter the threat posed by transnational criminal organizations, including through— (1) operations designed, at least in part, by the United States, to counter that threat; and (2) in consultation with the appropriate civilian government agencies specializing in countering transnational criminal organizations— (A) joint network analysis; (B) counter threat financing; (C) counter illicit trafficking (including narcotics, weapons, and human trafficking, and illicit trafficking in natural resources); and (D) assessments of key nodes of activity of transnational criminal organizations. (b) Plan (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 appropriate congressional committees a plan for implementing the pilot program required by subsection (a) over a period of five years, including the costs of administering the program during such period. (2) Definition of appropriate congressional committees In this subsection, the term appropriate congressional committees (A) the Committee on Armed Services, the Committee on Foreign Relations, and the Committee on Appropriations of the Senate; and (B) the Committee on Armed Services, the Committee on Foreign Affairs, and the Committee on Appropriations of the House of Representatives. C Naval vessels 1021. Modification of authority to purchase used vessels under the National Defense Sealift Fund Section 2218(f)(3) of title 10, United States Code, is amended— (1) by striking subparagraphs (C), (E) and (G); and (2) by redesignating subparagraphs (D) and (F) as subparagraphs (C) and (D), respectively. 1022. Amphibious warship force availability Section 8062 of title 10, United States Code, is amended— (1) in subsection (e)— (A) in paragraph (2), by striking and (B) in paragraph (3), by striking the period at the end and inserting ; 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 (2) by redesignating the second subsection (g) (defining amphibious warfare ship) as subsection (h). 1023. Prohibition on retirement of certain naval vessels None of the funds authorized to be appropriated by this Act for fiscal year 2024 may be obligated or expended to retire, prepare to retire, or place in storage any of the following naval vessels: (1) USS Germantown (LSD 42). (2) USS Gunston Hall (LSD 44). (3) USS Tortuga (LSD 46). (4) USS Shiloh (CG 67). 1024. Report on the potential for an Army and Navy joint effort for watercraft vessels (a) Report required Not later than February 29, 2024, the Secretary of the Navy, in coordination with the Secretary of the Army, shall submit to the congressional defense committees a report on the feasibility of conducting a joint Army and Navy effort to develop and field a family of watercraft vessels to support the implementation of the Marine Corps concept of expeditionary advanced base operations and Army operations in maritime environments. (b) Elements The report required by subsection (a) shall include an assessment of whether a shared base platform could meet requirements of the Department of the Navy and the Department of the Army, and, if so, an assessment of the benefits and challenges of procuring a technical data package to allow simultaneous construction of such platform by multiple builders and using block buy authorities. D Counterterrorism 1031. 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 Public Law 117–263 2023 2024 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 Public Law 117–263 December 31, 2023 December 31, 2024 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 Public Law 117–263 December 31, 2023 December 31, 2024 1034. 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 Public Law 117–263 December 31, 2023 December 31, 2024 E Miscellaneous authorities and limitations 1041. 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 48 U.S.C. 1806(b)(1)(B) December 31, 2023 December 31, 2029 1042. Authority to include funding requests for the chemical and biological defense program in budget accounts of military departments Section 1701(d)(2) of the National Defense Authorization Act for Fiscal Year 1994 ( 50 U.S.C. 1522(d)(2) may not be included in the budget accounts may be included in the budget accounts 1043. Unfavorable security clearance eligibility determinations and appeals (a) Administrative due process procedures for covered individuals seeking or having access to classified information or sensitive compartment information (1) In general Each head of a component of the Department of Defense shall provide to each covered individual described in paragraph (2) of such component seeking or having access to classified information or sensitive compartment information with administrative due process procedures described in paragraph (3) through the Defense Office of Hearings and Appeals. (2) Covered individual described A covered individual described in this paragraph is a member of the Armed Forces, a civilian employee employed by a component of the Department of Defense, or a contractor employee described in Department of Defense Manual 5220.22, Volume 2 (relating to National Industrial Security Program: Industrial Security Procedures for Government Activities), or successor manual. (3) Administrative due process procedures described The administrative due process procedures described in this paragraph are the administrative due process procedures described in Department of Defense Directive 5220.6 (relating to Defense Industrial Personnel Security Clearance Review Program), or successor directive, and Executive Order 10865 ( 50 U.S.C. 3161 (b) Hearings, appeals, and final denials and revocations of security clearance eligibility In order to simplify, centralize, and unify the administrative processes for unfavorable security clearance eligibility determinations for covered individuals described in subsection (a)(2), the Secretary of Defense shall ensure that all hearings, appeals, and final denials and revocations of security clearance eligibility are performed by the Defense Office of Hearings and Appeals with administrative due process procedures. (c) Updates to Department of Defense manuals The Secretary of Defense shall update Department of Defense Manual 5200.02 (relating to procedures for Department of Defense Personnel Security Program) and Department of Defense Manual 5220.22, Volume 2 (relating to National Industrial Security Program: Industrial Security Procedures for Government Activities) to conform with the requirements of subsections (a) and (b). (d) Authority of Director of Defense Office of Hearings and Appeals to render eligibility determinations for access to classified information and sensitive compartmented information The Director of the Defense Office of Hearings and Appeals may render eligibility determinations for access to classified information and sensitive compartmented information pursuant to procedures and guidelines that the Director shall issue in consultation with the Director of National Intelligence. (e) Dissemination of security relevant information (1) Request for sharing required In a case in which a contractor or civilian employee of the Federal Government holding an active security clearance is seeking to transfer that clearance for a new position in the Department of Defense and in which an agency or department of the Federal Government possesses security relevant information about that clearance holder that is related to eligibility for access to classified information and makes known the existence of such security relevant information in the commonly accessible security clearance databases of the Federal Government, but without taking any action to suspend or revoke that clearance holder’s security clearance, the Department of Defense component considering the transfer of a clearance shall promptly make a request to receive the security relevant information from the agency or department in possession of such information. (2) Failure to share In a case in which an agency or department of the Federal Government receives a request to share security relevant information about a clearance holder pursuant to paragraph (1) but fails to do so within 30 days of the date on which the request is made, such failure shall trigger procedural and substantive due process rights, established for the purposes of carrying out this section, for the clearance holder to challenge the security relevant information as if the information were the equivalent of a suspension, denial, or revocation of the underlying clearance. (f) Protections Members of the Armed Forces and civilian employees of the Department of Defense may not be suspended without pay because a security clearance is suspended or revoked prior to the conclusion of any appeal process to enable such members and employee to support themselves during an appeal process and to support themselves without resigning from Government employment and thereby losing standing to appeal the suspension or revocation of access to classified information. (g) Effective date; applicability (1) Effective date This section shall take effect on the earlier of— (A) the date on which the General Counsel of the Department of Defense certifies to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives that the Defense Office of Hearings and Appeals is prepared for the provisions of this section to take effect; or (B) September 30, 2024. (2) Applicability This section shall apply to revocations of eligibility to access classified information or sensitive compartmented information that occur on or after the date on which this section takes effect pursuant to paragraph (1). (h) Rule of construction Nothing in this section shall be construed to diminish or otherwise affect the authority of the head of a component of the Department to suspend access to classified information or a special access program, including sensitive compartmented information, in exigent circumstances, should the head determine that continued access of a covered individual is inconsistent with protecting the national security of the United States. 1044. Assistance in support of Department of Defense accounting for missing United States Government personnel (a) In general Section 408 of title 10, United States Code, is amended— (1) in the section heading, by striking Equipment and training of foreign personnel to assist in Assistance in support of (2) in subsection (b), by adding at the end the following new paragraph: (5) Funds. ; (3) by striking subsections (d) and (f); (4) by redesignating subsection (e) as subsection (d); and (5) by adding at the end the following new subsection: (e) Annual report Not later than December 31 of each year, the Secretary of Defense shall submit to the congressional defense committees a report on the assistance provided under this section during the preceding fiscal year. . (b) Table of sections amendment The table of sections at the beginning of chapter 20 408. Assistance in support of Department of Defense accounting for missing United States Government personnel. . 1045. Implementation of arrangements to build transparency, confidence, and security Section 2241 of title 10, United States Code, is amended by adding at the end the following new subsection: (d) Implementation of Vienna Document 2011 Amounts appropriated for operation and maintenance may be used by the Secretary of Defense for travel, transportation, and subsistence expenses for meetings and demonstrations hosted by the Department of Defense for the implementation of the Vienna Document 2011 on Confidence and Security-Building Measures. . 1046. Access to and use of military post offices by United States citizens employed overseas by the North Atlantic Treaty Organization who perform functions in support of military operations of the Armed Forces (a) Requirement to authorize use of post office Section 406 of title 39, United States Code, is amended by striking may authorize the use shall authorize the use (b) Briefing requirement Not later than March 1, 2024, the Secretary of Defense shall brief the Committees on Armed Services of the Senate and House of Representatives on the revision of the Financial Management Regulation to authorize individuals under subparagraph (A) of section 406(c)(1) of title 39, United States Code, as amended by subsection (a), to utilize the authority provided under such subparagraph. If there is a determination that this authority is not feasible for a legal or financial reason, the Secretary shall include the background for those determinations in the briefing. 1047. Removal of time limitations of temporary protection and authorization of reimbursement for security services and equipment for former or retired Department of Defense personnel (a) Removal of time limitations Section 714(b) of title 10, United States Code, is amended— (1) by redesignating paragraph (6) as paragraph (7); (2) in paragraph (5)— (A) by redesignating subparagraph (C) as paragraph (6) and moving such paragraph, as so redesignated, two ems to the left; and (B) by striking Duration of protection Duration of protection (3) in subparagraph (A) of paragraph (7), as redesignated by paragraph (1) of this subsection, by striking and of each determination under paragraph (5)(B) to extend such protection and security (b) Authorization of reimbursement or acquisition of security services Section 714 of title 10, United States Code, is further amended by adding at the end the following new subsection: (e) Reimbursement The Secretary of Defense may reimburse a former or retired official who faces serious and credible threats arising from duties performed while employed by the Department for security services and equipment procured at the personal expense of the official, not to exceed an aggregate of $15,000,000 in any fiscal year for all former and retired officials authorized by the Secretary of Defense for such reimbursement. . 1048. Annual Defense POW/MIA Accounting Agency (DPAA) capabilities required to expand accounting for persons missing from designated past conflicts (a) In general Not later than March 1, 2024, and annually thereafter, the Defense POW/MIA Accounting Agency (DPAA) shall post on a publicly available internet website a list of capabilities required to expand accounting for persons missing from designated past conflicts and provide a briefing to Congress on those capabilities. (b) Authority to enter into agreements The Defense POW/MIA Accounting Agency may enter into agreements with universities or research organizations to provide additional capabilities for specialized missions or research requirements. 1049. Access to commissary and exchange privileges for remarried spouses (a) Benefits Section 1062 of title 10, United States Code, is amended— (1) by striking The Secretary of Defense (a) Certain unremarried former spouses The Secretary of Defense ; (2) by striking commissary and exchange privileges use commissary stores and MWR retail facilities (3) by adding at the end the following new subsection: (b) Certain remarried surviving spouses The Secretary of Defense shall prescribe such regulations as may be necessary to provide that a surviving spouse of a deceased member of the armed forces, regardless of the marital status of the surviving spouse, is entitled to use commissary stores and MWR retail facilities to the same extent and on the same basis as an unremarried surviving spouse of a member of the uniformed services. ; and (4) by adding at the end the following new subsection: (c) MWR retail facilities defined In this section, the term MWR retail facilities . (b) Clerical amendments (1) Section heading The heading of section 1062 of title 10, United States Code, is amended to read as follows: 1062. Certain former spouses and surviving spouses . (2) Table of sections The table of sections at the beginning of chapter 54 1062. Certain former spouses and surviving spouses. . (c) Regulations The Secretary of Defense shall publish the regulations required under section 1062(b) of title 10, United States Code, as added by subsection (a)(3), by not later than October 1, 2025. F Studies and reports 1051. Annual report and briefing on implementation of Force Design 2030 (a) In general Not later than March 31, 2024, and annually thereafter through March 31, 2030, the Commandant of the Marine Corps shall submit to the congressional defense committees a report detailing the programmatic choices made to implement Force Design 2030, including both new developmental and fielded capabilities, as well as capabilities and capacity divested to accelerate implementation of Force Design 2030. (b) Briefing requirement Not later than September 30, 2024, and annually thereafter through September 30, 2030, the Commandant of the Marine Corps shall provide a briefing on the elements described under subsection (c). (c) Elements The report required under subsection (a) and briefing required under subsection (b) shall include the following elements: (1) An assessment of changes in the National Defense Strategy, Defense Planning Guidance, Joint Warfighting Concept (and associated Concept Required Capabilities), and other planning processes that informed Force Design 2030. (2) An inventory and assessment of Force Design-related exercises and experimentation beginning in fiscal year 2020, including which capabilities were involved and the extent to which such exercises and experiments validated or militated against proposed capability investments. (3) An inventory of divestments of capability or capacity, whether force structure or equipment, starting in fiscal year 2020, including— (A) a timeline of the progress of each divestment; (B) the type of force structure or equipment divested or reduced; (C) the percentage of force structure or equipment divested or reduced, including any equipment entered into inventory management or another form of storage; (D) the rationale and context behind such divestment; (E) an identification of whether such divestment affects the Marine Corps’ ability to meet the requirements of Global Force Management process and the operational plans, including an explanation of how the Marine Corps plans to mitigate the loss of such capability or capacity if the divestment affects the Marine Corps’ ability to meet the requirements of the Global Force Management process and the operational plans, including through new investments, additional joint planning and training, or other methods; and (F) an assessment of the Marine Corps’ recruitment and retention actual and projected percentages starting in fiscal year 2020. (4) An inventory of extant or planned investments as a part of Force Design 2030, disaggregated by integrated air and missile defense, littoral mobility and maneuver, sea denial, and reconnaissance and counter-reconnaissance forces, including— (A) capability name; (B) capability purpose and context; (C) capability being replaced (or not applicable); (D) date of initial operational capability; (E) date of full operational capability; (F) deliveries of units by year; and (G) approved acquisition objective or similar inventory objective. (5) A description of the amphibious warfare ship and maritime mobility requirements the Marine Corps submitted to the Department of the Navy in support of the Marine Corps organization and concepts under Force Design 2030 and its statutory requirements, including a detailed statement of the planning assumptions about readiness of amphibious warfare ships and maritime mobility platforms that were used in developing the requirements. (6) An assessment of how the capability investments described in paragraph (4) contribute to joint force efficacy in new ways, including through support of other military services. (7) An assessment of the ability of the Marine Corps to generate required force elements for the Immediate Ready Force and the Contingency Ready Force over the previous two fiscal years and the expected ability to generate forces for the next two fiscal years. (8) An assessment of Marine Corps force structure and the readiness of Marine Expeditionary Units compared to availability of amphibious ships comprising an Amphibious Ready Group over the previous two fiscal years and the expected availability for the next two fiscal years. (9) An assessment by the Marine Corps of its compliance with the statutory organization prescribed in section 8063 of title 10, United States Code, that [t]he Marine Corps, within the Department of the Navy, shall be so organized as to include not less than three combat divisions and three air wings, and such other land combat, aviation, and other services as may be organic therein (10) An assessment by the Marine Corps of its compliance with the statutory functions prescribed in section 8063 of title 10, United States Code, that [t]he Marine Corps shall be organized, trained, and equipped to provide fleet marine forces of combined arms, together with supporting air components, for service with the fleet in the seizure or defense of advanced naval bases and for the conduct of such land operations as may be essential to the prosecution of a naval campaign 1052. Plan for conversion of Joint Task Force North into Joint Interagency Task Force North (a) In general Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the head of any relevant Federal department or agency and acting through the Under Secretary of Defense for Policy, shall submit to the congressional defense committees a plan for converting the Joint Task Force North of the United States Northern Command into a joint interagency task force to be known as the Joint Interagency Task Force North (b) Elements The plan required by subsection (a) shall include the following: (1) A description of the mission of the Joint Interagency Task Force North. (2) A detailed description of the resources of the Department of Defense, including personnel, facilities, and operating costs, necessary to convert the Joint Task Force North into a joint interagency task force. (3) An identification of— (A) each relevant department and agency of the United States Government the participation in the Joint Interagency Task Force North of which is necessary in order to enable the Joint Interagency Task Force North to effectively carry out its mission; and (B) the interagency arrangements necessary to ensure effective participation by each such department and agency. (4) An identification of each international liaison necessary for the Joint Interagency Task Force North to effectively carry out its mission. (5) A description of the bilateral and multilateral agreements with foreign partners and regional and international organizations that would support the implementation of the mission of the Joint Interagency Task Force North. (6) A description of the relationship between the Joint Interagency Task Force North and the Joint Interagency Task Force South of the United States Southern Command. (7) A description of the relationship between the Joint Interagency Task Force North and the relevant security forces of the Government of Mexico and the Government of the Bahamas. (8) A recommendation on whether the Joint Interagency Task Force North should be an enduring entity and a discussion of the circumstances under which the mission of the Joint Interagency Task Force North would transition to one or more entities within the United States Government other than the United States Northern Command. (9) Any recommendations for additional legal authority needed for the Joint Interagency Task Force North to effectively carry out its mission. (c) Form The plan required by subsection (a) shall be submitted in unclassified form but may include a classified annex. (d) Interim briefing Not later than 60 days after the date of the enactment of this Act, the Secretary shall provide a briefing to the congressional defense committees on progress made in developing the plan required by subsection (a). 1053. Report on use of tactical fighter aircraft and bomber aircraft for deployments and homeland defense missions (a) In general Not later than May 1, 2024, the Secretary of Defense shall submit to the congressional defense committees a report including the results of a study on the use of tactical fighter aircraft and bomber aircraft for deployments and homeland defense missions. (b) Scope The study conducted pursuant to subsection (a) shall— (1) review both deployment and exercise requirements for tactical fighter aircraft and bomber aircraft levied by each geographic combatant command; (2) assess deployable forces currently available to fulfill each of those requirements, and whether those forces are adequate to meet the global requirements; (3) review any relevant tactical fighter forces or bomber forces that are not considered deployable or available to meet combatant command requirements, and consider whether that status can or should change; (4) assess whether adequate consideration has been put into fighter coverage of the homeland during these deployments, in particular within the Alaska Area of Responsibility and the Hawaii Area of Responsibility; and (5) assess Air Force and Navy active duty, Air National Guard, and reserve land-based tactical fighter units that could be considered for inclusion into homeland defense mission requirements. 1054. Modifications of reporting requirements (a) Consolidated budget quarterly report on use of funds Section 381(b) of title 10, United States Code, is amended— (1) in the subsection heading, by striking Quarterly report Semiannual report (2) by striking calendar quarter calendar half (3) by striking such calendar quarter such calendar half (b) Monthly counterterrorism operations briefing (1) In general Section 485 of title 10, United States Code, is amended— (A) in the section heading, by striking Monthly Quarterly (B) in subsection (a), by striking monthly quarterly (2) Clerical amendment The table of sections at the beginning of chapter 23 of such title is amended by striking the item relating to section 485 and inserting the following new item: 485. Quarterly counterterrorism operations briefings. . (c) National security strategy for the National Technology and Industrial Base Section 4811(a) of title 10, United States Code, is amended by striking The Secretary shall submit such strategy to Congress not later than 180 days after the date of submission of the national security strategy report required under section 108 of the National Security Act of 1947 ( 50 U.S.C. 3043 The Secretary shall submit such strategy to Congress as an integrated part of the report submitted under section 4814 of this title. (d) National Technology and Industrial Base report and quarterly briefing (1) In general Section 4814 of title 10, United States Code, is amended— (A) by amending the section heading to read as follows: 4814. National Technology and Industrial Base: biennial report ; (B) by striking (a) Annual report.— (C) by striking March 1 of each year March 1 of each odd-numbered year (D) by striking subsection (b). (2) Clerical amendment The table of sections at the beginning of chapter 382 of such title is amended by striking the item relating to section 4814 and inserting the following: 4814. National Technology and Industrial Base: biennial report. . (3) Conforming amendment Section 858(b)(2) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 ( Public Law 117–263 (e) Annual military cyberspace operations report Section 1644 of the National Defense Authorization Act for Fiscal Year 2020 ( 10 U.S.C. 394 Public Law 116–92 (1) in subsection (a) in the matter preceding paragraph (1) in the first sentence— (A) by inserting effects all named military cyberspace (B) by striking , operations, cyber effects enabling operations, and cyber operations conducted as defensive operations conducted for either offensive or defensive purposes (2) in subsection (c), by inserting or cyber effects operations for which Congress has otherwise been provided notice (f) Independent studies regarding potential cost savings with respect to the nuclear security enterprise and force structure Section 1753 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 (g) Extension and modification of authority to provide assistance to the vetted syrian opposition Section 1231(d) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 (1) in the subsection heading, by striking Quarterly Semiannual (2) in paragraph (1)— (A) in the matter preceding subparagraph (A), by striking quarterly semiannual (B) in subparagraph (A), by striking 90-day 180-day (h) Extension of authority to provide assistance to counter the islamic state of Iraq and Syria Section 1233(e) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 (1) in the heading, by striking Quarterly Semiannual (2) in paragraph (1) in the second sentence of the matter preceding subparagraph (A), by striking quarterly semiannual (i) Theft, loss, or release of biological select agents or toxins involving Department of Defense Section 1067(a) of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 50 U.S.C. 1528(a) (a) Notification (1) Subject to paragraph (2), not later than 45 days after a covered report of any theft, loss, or release of a biological select agent or toxin involving the Department of Defense is filed with the Centers for Disease Control and Prevention or the Animal and Plant Health Inspection Service, the Secretary of Defense, acting through the Assistant Secretary of Defense for Nuclear, Chemical, and Biological Defense Programs, shall provide to the congressional defense committees notice of such theft, loss, or release. (2) The Secretary shall provide to the congressional defense committees notice of a release under paragraph (1) only if the Secretary, acting through the Assistant Secretary, determines that the release is outside the barriers of secondary containment into the ambient air or environment or is causing occupational exposure that presents a threat to public safety. (3) In this subsection, the term covered report (A) Section 331.19 of title 7, Code of Federal Regulations. (B) Section 121.19 of title 9, Code of Federal Regulations. (C) Section 73.19 of title 42, Code of Federal Regulations. . (j) Department of Defense security cooperation workforce development Section 1250(b) of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 (1) in paragraph (1), by striking each year every other year (2) in paragraph (2) in the matter preceding subparagraph (A), by striking for the fiscal year for the fiscal years (k) Audit of Department of Defense financial statements Section 240a of title 10, United States Code, is amended— (1) by striking (a) Annual audit required.— (2) by striking subsection (b). (l) Financial improvement and audit remediation plan Section 240b(b) of title 10, United States Code, is amended— (1) in paragraph (1)— (A) in subparagraph (A), by striking June 30, 2019, and annually thereafter July 31 each year (B) in subparagraph (B)— (i) by striking clauses (vii) through (x); and (ii) by redesignating clauses (xi), (xii), and (xiii) as clauses (vii), (viii), and (ix), respectively; and (C) by striking subparagraph (C); and (2) in paragraph (2)— (A) in subparagraph (A)— (i) by striking June 30 July 31 (ii) by striking the second sentence; and (B) in subparagraph (b)— (i) by striking June 30 July 31 (ii) by striking the second sentence. (m) Annual reports on funding Section 1009(c) of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 10 U.S.C. 240b five days 10 days 1055. Report on equipping certain ground combat units with small unmanned aerial systems (a) Report required Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall, in consultation with the Secretaries of the military departments, submit to the congressional defense committees a report on equipping platoon-sized ground combat formations with covered small unmanned aerial systems. (b) Elements The report submitted pursuant to subsection (a) shall address the following: (1) The use of covered small unmanned aerial systems in the Ukraine conflict and best practices learned. (2) The potential use of covered small unmanned aerial systems to augment small unit tactics and lethality in the ground combat forces. (3) Procurement challenges, legal restrictions, training shortfalls, operational limitations, or other impediments to fielding covered small unmanned aerial systems at the platoon level. (4) A plan to equip platoon-sized ground combat formations in the close combat force with covered small unmanned aerial systems at a basis of issue deemed appropriate by the relevant secretary, including a proposed timeline and fielding strategy. (5) A plan to equip such other ground combat units with covered small unmanned aerial systems as deemed appropriate by the relevant secretaries. (6) An assessment of appropriate mission allocation between Group 3 unmanned aerial systems, Group 1 unmanned aerial systems, and covered small unmanned aerial systems. (c) Definition of covered small unmanned aerial system In this section, the term covered small unmanned aerial system (1) intelligence, surveillance, target acquisition, and reconnaissance; (2) conducting offensive strikes; or (3) other functions as deemed appropriate by the relevant secretaries. 1056. Comprehensive assessment of Marine Corps Force Design 2030 (a) In general Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall enter into a contract with a Federally Funded Research and Development Center to conduct an independent review, assessment, and analysis of the Marine Corps modernization initiatives. The required report shall be submitted to the congressional defense committees in written report form not later than one year after entering into the contract. (b) Elements The report required under subsection (a) shall include the following elements: (1) An assessment of changes in the National Defense Strategy, Defense Planning Guidance, the Joint Warfighting Concept, and other strategic documents and concepts that informed Force Design modernization requirements. (2) An assessment of how the Marine Corps, consistent with authorized end strength, can be structured, organized, trained, equipped, and postured to meet the challenges of future competition, crisis, and conflict to include discussion of multiple structural options as relevant and the tradeoffs between different options. (3) An assessment of the ability of the defense innovation base and defense industrial base to develop and produce the technologies required to implement the Marine Corps’ published Force Design modernization plan on a timeline and at production rates sufficient to sustain military operations. (4) An assessment of forward infrastructure and the extent to which installations are operationalized to deter, compete, and prevail during conflict in support of the Marine Corps modernization. (5) An assessment of whether the Marine Corps is in compliance with the statutory organization and functions prescribed in section 8063 of title 10, United States Code. (6) An assessment of the current retention and recruiting environment and the ability of the Marine Corps to sustain manpower requirements necessary for operational requirements levied by title 10, in light of the published Force Design plan. (7) The extent to which the modernization initiatives within the Marine Corps are nested within applicable joint warfighting concepts. (8) An assessment of whether the Marine Corps’ modernization is consistent with the strategy of integrated deterrence. (9) An assessment of the ability of the Marine Corps to generate required force elements for the Immediate Ready Force and the Contingency Ready Force, based on current and planned end strength and structure. (10) The extent to which the Marine Corps’ published plan for modernized capabilities can be integrated across the Joint Force, to include warfighting concepts at the combatant command level. (11) The extent to which the Marine Corps’ modernization efforts currently meet the requirements of combatant commanders’ current plans and global force management operations, to include a description of what mechanisms exist to ensure geographic combatant requirements inform Marine Corps modernization efforts. (12) The extent to which modeling and simulation, experimentation, wargaming, and other analytic methods support the changes incorporated into the Marine Corps’ modernization initiatives, to include underlying assumptions and outcomes of such analyses. (13) An inventory of extant or planned investments as part of the Marine Corps’ modernization efforts, disaggregated by the following capability areas and including actual or projected dates of Initial Operational Capability and Full Operational Capability: (A) Command and Control. (B) Information. (C) Intelligence. (D) Fires. (E) Movement and Maneuver. (F) Protection. (G) Sustainment. (14) An inventory of divestments of capability or capacity, whether force structure or equipment, starting in fiscal year 2020, including— (A) a timeline of the progress of each divestment; (B) the type of force structure or equipment divested or reduced; (C) the percentage of force structure of equipment divested or reduced, including any equipment entered into inventory management or other form of storage; (D) the rationale and context behind such divestment; and (E) an identification of whether such divestment affects the Marine Corps’ ability to meet the requirements of Global Force Management process and the operational plans. (15) An assessment of how observations regarding the invasion and defense of Ukraine affect the feasibility, advisability, and suitability of the Marine Corps’ published modernization plans. (c) Classification of report The report required under subsection (a) shall be submitted in unclassified form, but may include a classified appendix to the extent required to ensure that the report is accurate and complete. 1057. Strategy to achieve critical mineral supply chain independence for the Department of Defense (a) Strategy required (1) In general Not later than 180 days after the date of the enactment of this Act, the Under Secretary of Defense for Acquisition and Sustainment shall submit to the appropriate committees of Congress a strategy to develop supply chains for the Department of Defense that are not dependent on mining or processing of critical minerals in or by covered countries, prioritizing production and processing in the United States, in order to achieve critical mineral supply chain independence from covered countries for the Department by 2035. (2) Elements The strategy required by paragraph (1) shall— (A) identify and assess significant vulnerabilities in the supply chains of contractors and subcontractors of the Department of Defense involving critical minerals that are mined or processed in or by covered countries; (B) identify and recommend changes to the acquisition laws, regulations, and policies of the Department of Defense to ensure contractors and subcontractors of the Department use supply chains involving critical minerals that are not mined or processed in or by covered countries to the greatest extent practicable, prioritizing production and processing in the United States; (C) evaluate the utility and desirability of using authorities provided by the Defense Production Act of 1950 ( 50 U.S.C. 4501 et seq. (D) evaluate the utility and desirability of expanding authorities provided by the Defense Production Act of 1950 to be used to expand supply chains and processing capacity for critical minerals by countries that are allies or partners of the United States; (E) evaluate the utility and desirability of leveraging the process for acquiring shortfall materials for the National Defense Stockpile under the Strategic and Critical Materials Stock Piling Act ( 50 U.S.C. 98 et seq. (F) identify areas of potential engagement and partnership with the governments of countries that are allies or partners of the United States to jointly reduce dependence on critical minerals mined or processed in or by covered countries; (G) identify and recommend other policy changes that may be needed to achieve critical mineral supply chain independence from covered countries for the Department; (H) identify and recommend measures to streamline authorities and policies with respect to critical minerals and supply chains for critical minerals; and (I) prioritize the recommendations made in the strategy to achieve critical mineral supply chain independence from covered countries for the Department, prioritizing production and processing in the United States, and taking into consideration economic costs and varying degrees of vulnerability posed to the national security of the United States by reliance on different types of critical minerals. (3) Form of strategy The strategy required by paragraph (1) shall be submitted in classified form but shall include an unclassified summary. (b) Definitions In this section: (1) Appropriate committees of Congress The term appropriate committees of Congress (A) the Committee on Armed Services of the Senate; and (B) the Committee on Armed Services of the House of Representatives. (2) Covered country The term covered country (A) a covered nation, as defined in section 4872, title 10, United States Code; and (B) any other country determined by the Secretary of Defense to be a geostrategic competitor or adversary of the United States for purposes of this Act. (3) Critical mineral The term critical mineral 30 U.S.C. 1606(a) (4) Shortfall material The term shortfall material 50 U.S.C. 98h–5 1058. Quarterly briefing on homeland defense planning (a) In general Not later than February 1, 2024, and every 90 days thereafter through February 1, 2026, the Secretary of Defense shall provide a briefing to the congressional defense committees on efforts to bolster homeland defense, which is the top priority under the 2022 National Defense Strategy. (b) Contents Each briefing required by subsection (a) shall include the following: (1) A summary of any update made to the homeland defense planning guidance of the Department of Defense during the preceding quarter. (2) An update on the latest threats to the homeland posed by the Government of the People's Republic of China, the Government of the Russian Federation, the Government of the Democratic People's Republic of Korea, the Government of Iran, and any other adversary. (3) A description of actions taken by the Department during the preceding quarter to mitigate such threats. (4) An assessment of threats to the homeland in the event of a conflict with any adversary referred to in paragraph (2). (5) A description of actions taken by the Department during the preceding quarter to bolster homeland defense in the event of such a conflict. (6) An update on coordination by the Department with Federal, State, and Tribal agencies to bolster homeland defense. (7) Any other matter the Secretary considers relevant. 1059. Special operations force structure (a) Sense of Senate It is the sense of the Senate that— (1) special operations forces have a vital and increasing role to play in strategic competition in addition to conducting counterterrorism operations and responding to crises; (2) the demand for special operations forces and related capabilities by combatant commanders continues to exceed supply; (3) special operations forces cannot be mass produced during a crisis; (4) most special operations require non-special operations forces support, including engineers, technicians, intelligence analysts, and logisticians; (5) reductions to special operations forces, including critical enablers, would dramatically and negatively impact available options for combatant commanders to engage in strategic competition, carry out counterterrorism operations, and respond to crises; and (6) the Secretary of Defense should not consider any reductions to special operations force structure until after the completion of a comprehensive analysis of special operations force structure and a determination that any planned changes would not have a negative impact on the ability of combatant commanders to support strategic competition, counter terrorism, and respond to crises. (b) Report Not later than March 1, 2024, the Secretary of Defense shall submit to the congressional defense committees a report assessing the optimal force structure for special operations forces that includes the following elements: (1) A description of the role of special operations forces in implementing the most recent national defense strategy under section 113(g) of title 10, United States Code. (2) A description of ongoing special operations activities, as described in section 167(k) of title 10, United States Code. (3) An assessment of potential future national security threats to the United States across the spectrum of competition and conflict. (4) A description of ongoing counterterrorism and contingency operations of the United States. (5) A detailed accounting of the demand for special operations forces by geographic combatant command. (6) A description of the role of emerging technology on special operations forces. (7) An assessment of current and projected capabilities of other United States Armed Forces that could affect force structure capability and capacity requirements of special operations forces. (8) An assessment of the size, composition, and organizational structure of the military services’ special operations command headquarters and subordinate headquarters elements. (9) An assessment of the readiness of special operations forces for assigned missions and future conflicts. (10) An assessment of the adequacy of special operations force structure for meeting the goals of the National Military Strategy under section 153(b) of title 10, United States Code. (11) A description of the role of special operations forces in supporting the Joint Concept for Competing. (12) Any other matters deemed relevant by the Secretary. 1060. Briefing on commercial tools employed by the Department of Defense to assess foreign ownership, control, or influence (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 countering industrial espionage. (b) Elements The request required under subsection (a) shall include the following elements: (1) A description of commercial and organically developed tools employed by the Department of Defense to— (A) assess the risks of foreign malign ownership, control, or influence within the defense industrial base; (B) mitigate vulnerability associated with, but no limited to, the People's Republic of China's, the Russian Federation's, Iran's, or North Korea's foreign ownership, control, or influence of any part of the acquisition supply chain; and (C) vet program personnel to identify technologies and program components most at risk for industrial espionage. (2) A description of specific commercial solutions the Department is currently leveraging to assess and mitigate these risks. 1061. Plan on countering human trafficking (a) Plan Not later than 120 days after the date of enactment of this Act, the Secretary of Defense shall submit a plan to the congressional defense committees for coordinating with defense partners in North America and South America and supporting interagency departments and agencies, as appropriate, in countering human trafficking operations, including human trafficking by transnational criminal organizations. (b) Elements of plan The plan under subsection (a) shall include— (1) a description of the threat to United States security from human trafficking operations; (2) a description of the authorities of the Department of Defense for the purposes specified in subsection (a); (3) a description of any current or proposed Department of Defense programs or activities to coordinate with defense partners or provide support to interagency departments and agencies as described in subsection (a); and (4) any recommendations of the Secretary of Defense for additional authorities for the purposes of countering human trafficking, including by transnational criminal organizations. (c) Briefing Not later than 180 days after the submission of the plan required under subsection (a), the Secretary of Defense shall brief the congressional defense committees regarding the authorities, programs, and activities of the Department of Defense to counter human trafficking operations. 1062. Briefing and report on use and effectiveness of United States Naval Station, Guantanamo Bay, Cuba (a) In general Not later than April 30, 2024, 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 and report on whether United States Naval Station, Guantanamo Bay, Cuba, is being used effectively to defend the national security interests of the United States. (b) Elements The briefing and report required by subsection (a) shall— (1) consider— (A) the presence and activities in Cuba of the militaries of foreign governments, such as the Russian Federation and the People's Republic of China; and (B) to what extent the presence and activities of those militaries could compromise the national security of the United States or of United States allies and partners; and (2) discuss— (A) options for dealing with the presence and activities of those militaries in Cuba; and (B) how different use by the United States of United States Naval Station, Guantanamo Bay, might mitigate risk. 1063. Ensuring reliable supply of critical minerals (a) Sense of Congress It is the sense of Congress that— (1) the People's Republic of China’s dominant share of the global minerals market is a threat to the economic stability, well being, and competitiveness of key industries in the United States; (2) the United States should reduce reliance on the People's Republic of China for critical minerals through— (A) strategic investments in development projects, production technologies, and refining facilities in the United States; and (B) in partnership with strategic allies of the United States that are reliable trading partners, including members of the Quadrilateral Security Dialogue; and (3) the United States Trade Representative should initiate multilateral talks among the countries of the Quadrilateral Security Dialogue to promote shared investment and development of critical minerals. (b) Report required (1) In general Not later than 120 days after the date of the enactment of this Act, the United States Trade Representative, in consultation with the officials specified in paragraph (3), shall submit to the appropriate congressional committees a report on the work of the Trade Representative to address the national security threat posed by the People’s Republic of China’s control of nearly 2/3 (2) Elements The report required by paragraph (1) shall include— (A) a description of the extent of the engagement of the United States with the other countries of the Quadrilateral Security Dialogue to promote shared investment and development of critical minerals during the period beginning on the date of the enactment of this Act and ending on the date of the report; and (B) a description of the plans of the President to leverage the partnership of the countries of the Quadrilateral Security Dialogue to produce a more reliable and secure global supply chain of critical minerals. (3) Officials specified The officials specified in this paragraph are the following: (A) The Secretary of Commerce. (B) The Chief Executive Officer of the United States International Development Finance Corporation. (C) The Secretary of Energy. (D) The Director of the United States Geological Survey. (4) Appropriate congressional committees defined In this subsection, the term appropriate congressional committees (A) the Committee on Finance and the Committee on Energy and Natural Resources of the Senate; and (B) the Committee on Ways and Means and the Committee on Energy and Commerce of the House of Representatives. G Other matters 1071. Matters related to irregular warfare (a) Affirming the authority of the Secretary of Defense to conduct irregular warfare Congress affirms that the Secretary of Defense is authorized to conduct irregular warfare operations, including clandestine irregular warfare operations, to defend the United States, allies of the United States, and interests of the United States. (b) Definition required Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall, for the purposes of joint doctrine, define the term irregular warfare (c) Rule of construction Nothing in this section shall be construed to constitute a specific statutory authorization for any of the following: (1) The conduct of a covert action, as such term is defined in section 503(e) of the National Security Act of 1947 ( 50 U.S.C. 3093(e) (2) The introduction of United States Armed Forces, within the meaning of the War Powers Resolution ( Public Law 93–148 50 U.S.C. 1541 et seq. 1072. Joint concept for competing implementation updates (a) Implementation update and briefings required Not later than March 1, 2024, and every 180 days thereafter through March 1, 2026, the Chairman of the Joint Chiefs of Staff shall provide the congressional defense committees with a written update with accompanying briefing on the implementation of the Joint Concept for Competing, released on February 10, 2023. (b) Elements At a minimum, the written updates and briefings required by subsection (a) shall include— (1) a detailed description of the Joint Staff’s efforts to develop integrated competitive strategies to address the challenges posed by specific adversaries, including those designed to— (A) deter aggression; (B) prepare for armed conflict, if necessary; (C) counter the competitive strategies of adversaries; and (D) support the efforts of interagency, allies and foreign partners, and interorganizational partners; (2) an identification of relevant updates to joint doctrine and professional military education; (3) an update on the Joint Concept for Competing’s concept required capabilities; (4) an explanation of the integration of the Joint Concept for Competing with other ongoing and future joint force development and design efforts; (5) a description of efforts to operationalize the Joint Concept for Competing through a structured approach, including to provide strategic guidance and direction, identify and optimize Joint Force interdependencies with interagency and allied partners, and inform and guide joint force development and design processes; (6) an articulation of concept-required capabilities that are necessary for joint force development and design in support of the Joint Concept for Competing; (7) a description of efforts to coordinate and synchronize Department of Defense activities with those of other interagency and foreign partners for the purpose of integrated campaigning; (8) an identification of any recommendations to better integrate the role of the Joint Force, as identified by the Joint Concept for Competing, with national security efforts of other interagency and foreign partners; (9) an identification of any changes to authorities and resources necessary to fully implement the Joint Concept for Competing; and (10) a description of any other matters deemed relevant by the Chairman of the Joint Chiefs of Staff. 1073. Limitation on certain funding until submission of the Chairman’s Risk Assessment and briefing requirement (a) Office of the Chairman of the Joint Chiefs of Staff Of the amounts authorized to be appropriated by this Act for fiscal year 2024 for operation and maintenance, Defense-wide, and available for the Office of the Chairman of the Joint Chiefs of Staff, not more than 50 percent may be obligated or expended until the date that is 15 days after the date on which the following reports are submitted to the Committees on Armed Services of the Senate and the House of Representatives: (1) The 2021 risk assessment mandated by paragraph (2) of subsection (b) of section 153 of title 10, United States Code, and required to be delivered pursuant to paragraph (3) of such subsection by not later than February 15, 2021. (2) The 2023 risk assessment mandated by paragraph (2) of subsection (b) of section 153 of title 10, United States Code, and required to be delivered pursuant to paragraph (3) of such subsection by not later than February 15, 2023. (b) Office of the Secretary of Defense Of the amounts authorized to be appropriated by this Act for fiscal year 2024 for operation and maintenance, Defense-wide, and available for the Office of the Secretary of Defense, not more than 50 percent may be obligated or expended until the date that is 15 days after the date on which the Secretary submits to the Committees on Armed Services of the Senate and the House of Representatives: (1) The risk mitigation plan required to be submitted as part of the assessment described under subsection (a)(1), if applicable. (2) The risk mitigation plan required to be submitted as part of the assessment described under subsection (a)(2), if applicable. (c) Briefing requirement Section 153 of title 10, United States Code, is amended by adding at the end the following new subsection: (d) Briefing requirement (1) Not later than 15 days after the submission of the risk assessment required under subsection (b)(2) or March 1 of each year, whichever is earlier, the Chairman shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the activities of the Chairman under this section. (2) The briefing shall include— (A) a detailed review of the risk assessment required under paragraph (2) of subsection (b), including how it addresses the elements required in subparagraph (B) of such paragraph; (B) an analysis of how the risk assessment informs, and supports, other Joint Staff assessments, including joint capability development assessments, joint force development assessments, comprehensive joint readiness assessments, and global military integration assessments; and (C) if the risk assessment is not delivered at the time of the briefing, a timeline for when the risk assessment will be submitted to the Committees on Armed Services of the Senate and the House of Representatives. . 1074. Notification of safety and security concerns at certain Department of Defense laboratories (a) In general The Secretary of Defense shall notify the congressional defense committees within 7 days after ceasing operations at any Department of Defense laboratory or facility rated at biosafety level (BSL)–3 or higher for safety or security reasons. (b) Content The notification required under subsection (a) shall include— (1) the reason why operations have ceased at the laboratory or facility; (2) whether appropriate notification to other Federal agencies has occurred; (3) a description of the actions taken to determine the root cause of the cessation; and (4) a description of the actions taken to restore operations at the laboratory or facility. 1075. Assessment and recommendations relating to infrastructure, capacity, resources, and personnel in Guam (a) Assessment The Secretary of Defense, in coordination with the Commander of United States Indo-Pacific Command, shall assess the capacity of existing infrastructure, resources, and personnel available in Guam to meet Indo-Pacific Command strategic objectives. (b) Elements The assessment under subsection (a) shall include the following elements: (1) An appraisal of the potential role Guam could play as a key logistics and operational hub for the United States military in the Indo-Pacific region. (2) An assessment of whether current infrastructure, capacity, resources, and personnel in Guam is sufficient to meet the expected demands during relevant operations and contingency scenarios. (3) An assessment of the adequacy of civilian infrastructure in Guam for supporting the requirements of United States Indo-Pacific Command, including the resilience of such infrastructure in the event of a natural disaster and the vulnerability of such infrastructure to cyber threats. (4) Recommendations to improve current infrastructure, capacity, resources, and personnel in Guam, to include the need for recruiting and retention programs, such as cost-of-living adjustments, initiatives for dealing with any shortages of civilian employees, and programs to improve quality-of-life for personnel assigned to Guam. (5) An assessment of the implementation of Joint Task Force Micronesia, including the Commander’s assessment of requirements for funding, resources, and personnel as compared to what has been programmed in the fiscal year 2024 Future Years Defense Program. (6) Timeline and estimated costs by location and project to support both existing and future roles in the region. (7) Any other matters determined relevant by the Secretary. (c) Report Not later than March 1, 2024, the Secretary of Defense shall submit to the congressional defense committees a report including the results of the assessment required under subsection (a). 1076. Program and processes relating to foreign acquisition (a) Pilot program for combatant command use of Defense Acquisition Workforce Development Account Each geographic combatant command may use amounts from the Defense Acquisition Workforce Development Account established under section 1705 of title 10, United States Code, to hire not more than two acquisition specialists or contracting officers to advise the combatant command on foreign arms transfer processes, including the foreign military sales and direct commercial sales processes, for the purpose of facilitating the effective implementation of such processes. (b) Industry day (1) In general Not later than March 1, 2024, and not less frequently than annually thereafter, the Secretary of Defense shall conduct an industry day— (A) to raise awareness and understanding among officials of foreign governments, embassy personnel, and industry representatives with respect to the role of the Department of Defense in implementing the foreign military sales and direct commercial sales processes; and (B) to raise awareness— (i) within the United States private sector with respect to— (I) foreign demand for United States weapon systems; and (II) potential foreign industry partnering opportunities; and (ii) among officials of foreign governments and embassy personal with respect to potential United States material solutions for capability needs. (2) Format In conducting each industry day under paragraph (1), the Secretary of Defense, to the extent practicable, shall seek to maximize participation by representatives of the commercial defense industry and government officials while minimizing cost, by— (A) convening the industry day at the unclassified security level; (B) making the industry day publicly accessible through teleconference or other virtual means; and (C) disseminating any supporting materials by posting the materials on a publicly accessible internet website. (c) Senior-level industry advisory group (1) In general Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with representatives of the commercial defense industry, shall establish a senior-level industry advisory group, modeled on the Defense Trade Advisory Group of the Department of State and the Industry Trade Advisory Committees of the Department of Commerce, for the purpose of focusing on the role of the Department of Defense in the foreign military sales process. (2) Briefing Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall provide a briefing to the Committees on Armed Services of the Senate and the House of Representatives on plans to establish the group described in paragraph (1). (d) Department of Defense points of contact for foreign military sales (1) In general Not later than 90 days after the date of the enactment of this Act, the Under Secretary of Defense for Acquisition and Sustainment and the Secretary of each military department shall each establish a single point of contact— (A) to coordinate information and outreach on Department of Defense implementation of the foreign military sales process; and (B) to respond to inquiries from representatives of the commercial defense industry and partner countries. (2) Points of contact The Under Secretary of Defense for Acquisition and Sustainment and the Secretary of each military department shall each ensure that the contact information for the corresponding point of contact established under paragraph (1) is— (A) publicized at each industry day conducted under subsection (b); and (B) disseminated among the members of the advisory group established under subsection (f). (e) Combatant command needs for exportability Not later than July 1 each year until 2030, the commander of each geographic combatant command shall provide to the Under Secretary of Defense for Acquisition and Sustainment a list of systems relating to research and development or sustainment that would benefit from investment for exportability features in support of the security cooperation objectives of the commander. (f) Sunset This section shall cease to have effect on December 31, 2028. 1077. Technical and conforming amendments related to the Space Force (a) Appointment of Chairman; grade and rank Section 152(c) of title 10, United States Code, is amended by striking or, in the case of an officer of the Space Force, the equivalent grade, (b) Joint Requirements Oversight Council Section 181(c)(1)(F) of such title is amended by striking in the grade equivalent to the grade of general in the Army, Air Force, or Marine Corps, or admiral in the Navy in the grade of general (c) Original appointments of commissioned officers Section 531(a) of such title is amended— (1) in paragraph (1), by striking and Regular Marine Corps in the grades of ensign, lieutenant (junior grade), and lieutenant in the Regular Navy, and in the equivalent grades in the Regular Space Force Regular Marine Corps, and Regular Space Force, and in the grades of ensign, lieutenant (junior grade), and lieutenant in the Regular Navy (2) in paragraph (2), by striking and Regular Marine Corps in the grades of lieutenant commander, commander, and captain in the Regular Navy, and in the equivalent grades in the Regular Space Force Regular Marine Corps, and Regular Space Force, and in the grades of lieutenant commander, commander, and captain in the Regular Navy (d) Service credit upon original appointment as a commissioned officer Section 533(b)(2) of such title is amended— (1) by striking , or Marine Corps, captain in the Navy, or an equivalent grade in the Space Force Marine Corps, or Space Force or captain in the Navy (e) Positions of importance and responsibility Section 601(e) of such title is amended— (1) by striking or Marine Corps Marine Corps, or Space Force, or (2) by striking or the commensurate grades in the Space Force, (f) Convening of selection boards Section 611(a) of such title is amended by striking or Marine Corps Marine Corps, or Space Force (g) Information furnished to selection boards Section 615(a)(3) of such title is amended— (1) in subparagraph (B)(i), by striking , in the case of the Navy, lieutenant, or in the case of the Space Force, the equivalent grade or, in the case of the Navy, lieutenant (2) in subparagraph (D), by striking in the case of the Navy, rear admiral, or, in the case of the Space Force, the equivalent grade or, in the case of the Navy, rear admiral (h) Special selection review boards Section 628a(a)(1)(A) of such title is amended by striking , rear admiral in the Navy, or an equivalent grade in the Space Force or rear admiral in the Navy (i) Rank: commissioned officers of the armed forces Section 741(a) of such title is amended in the table by striking and Marine Corps Marine Corps, and Space Force (j) Regular commissioned officers Section 1370 of such title is amended— (1) in subsection (a)(2), by striking rear admiral in the Navy, or the equivalent grade in the Space Force or rear admiral in the Navy (2) in subsection (b)— (A) in paragraph (1)— (i) in the matter preceding subparagraph (A), by striking or Marine Corps, lieutenant in the Navy, or the equivalent grade in the Space Force Marine Corps, or Space Force, or lieutenant in the Navy (ii) in subparagraph (B), by striking or Marine Corps, rear admiral in the Navy, or an equivalent grade in the Space Force Marine Corps, or Space Force, or rear admiral in the Navy (B) in paragraph (4), by striking or Marine Corps, captain in the Navy, or the equivalent grade in the Space Force Marine Corps, or Space Force, or captain in the Navy (C) in paragraph (5)— (i) in subparagraph (A), by striking or Marine Corps, lieutenant commander in the Navy, or the equivalent grade in the Space Force Marine Corps, or Space Force, or lieutenant commander in the Navy (ii) in subparagraph (B), by striking or Marine Corps, commander or captain in the Navy, or an equivalent grade in the Space Force Marine Corps, or Space Force, or commander or captain in the Navy (iii) in subparagraph (C), by striking or Marine Corps, rear admiral (lower half) or rear admiral in the Navy Marine Corps, or Space Corps, or rear admiral (lower half) or rear admiral in the Navy (D) in paragraph (6), by striking , or an equivalent grade in the Space Force, (3) in subsection (c)(1), by striking or Marine Corps, vice admiral or admiral in the Navy, or an equivalent grade in the Space Force Marine Corps, or Space Force, or vice admiral or admiral in the Navy (4) in subsection (d)— (A) in paragraph (1), by striking or Marine Corps, rear admiral in the Navy, or an equivalent grade in the Space Force Marine Corps, or Space Force, or rear admiral in the Navy (B) in paragraph (3), by striking or Marine Corps, captain in the Navy, or the equivalent grade in the Space Force Marine Corps, or Space Force, or captain in the Navy (5) in subsection (e)(2), by striking or Marine Corps, vice admiral or admiral in the Navy, or an equivalent grade in the Space Force Marine Corps, or Space Force, or vice admiral or admiral in the Navy (6) in subsection (f)— (A) in paragraph (3)— (i) in subparagraph (A), by striking or Marine Corps, rear admiral in the Navy, or the equivalent grade in the Space Force Marine Corps, or Space Force, or rear admiral in the Navy (ii) in subparagraph (B), by striking or Marine Corps, vice admiral or admiral in the Navy, or an equivalent grade in the Space Force Marine Corps, or Space Force, or vice admiral or admiral in the Navy (B) in paragraph (6)— (i) in subparagraph (A), by striking or Marine Corps, rear admiral in the Navy, or the equivalent grade in the Space Force , Marine Corps, or Space Force, or rear admiral in the Navy (ii) in subparagraph (B), by striking or Marine Corps, vice admiral or admiral in the Navy, or an equivalent grade in the Space Force Marine Corps, or Space Force, or vice admiral or admiral in the Navy (7) in subsection (g), by striking or Marine Corps, rear admiral in the Navy, or an equivalent grade in the Space Force Marine Corps, or Space Force, or rear admiral in the Navy (k) Officers entitled to retired pay for non-regular service Section 1370a of such title is amended— (1) in subsection (d)(1), by striking or Marine Corps Marine Corps, or Space Force (2) in subsection (h), by striking or Marine Corps Marine Corps, or Space Force (l) Retired base pay Section 1406(i)(3)(B)(v) of such title is amended by striking The senior enlisted advisor of the Space Force Chief Master Sergeant of the Space Force (m) Financial assistance program for specially selected members Section 2107 of such title is amended— (1) in subsection (a)— (A) by striking , as a or as a (B) by striking or Marine Corps, or as an officer in the equivalent grade in the Space Force Marine Corps, or Space Force (2) in subsection (d), by striking lieutenant, ensign, or an equivalent grade in the Space Force, lieutenant or ensign, (n) Designation of Space Systems Command as a field command of the United States Space Force Section 9016(b)(6)(B)(iv)(II) of title 10, United States Code, is amended by striking Space and Missile Systems Center Space Systems Command (o) Chief of Space Operations Section 9082 of such title is amended— (1) in subsection (a), by striking , flag, or equivalent (2) in subsection (b), by striking grade in the Space Force equivalent to the grade of general in the Army, Air Force, and Marine Corps, or admiral in the Navy grade of general (p) Distinguished flying cross Section 9279(a) of such title is amended– (1) by adding or Space Force Air Force (2) by adding or space aerial (q) Airman’s medal Section 9280(a)(1) of such title is amended by adding or Space Force Air Force (r) Retired grade of commissioned officers Section 9341 of such title is amended— (1) in subsection (a)(2), by striking or the Space Force (2) in subsection (b), by striking or Reserve (s) United States Air Force Institute of Technology: Administration Section 9414b(a)(2)(B) of such title is amended by striking or the equivalent grade in the Space Force (t) Air Force Academy permanent professors; Director of Admissions Section 9436 of such title is amended— (1) in subsection (a)— (A) in the first sentence, by striking in the Air Force or the equivalent grade in the Space Force (B) in the second sentence— (i) by inserting or Regular Space Force Regular Air Force (ii) by striking and a permanent professor appointed from the Regular Space Force has the grade equivalent to the grade of colonel in the Regular Air Force (C) in the third sentence, by striking in the Air Force or the equivalent grade in the Space Force (2) in subsection (b)— (A) in the first sentence, by striking in the Air Force or the equivalent grade in the Space Force (B) in the second sentence— (i) by inserting or Regular Space Force Regular Air Force (ii) by striking and a permanent professor appointed from the Regular Space Force has the grade equivalent to the grade of colonel in the Regular Air Force (u) Cadets: degree and commission on graduation Section 9453(b) of such title is amended by striking in the equivalent grade in (v) Basic pay rates for enlisted members Footnote 2 of the table titled ENLISTED MEMBERS Public Law 109–364 37 U.S.C. 1009 the senior enlisted advisor of the Space Force Chief Master Sergeant of the Space Force (w) Pay of senior enlisted members Section 210(c)(5) of title 37, United States Code, is amended by striking the senior enlisted advisor of the Space Force the Chief Master Sergeant of the Space Force (x) Personal money allowance Section 414(b) of title 37, United States Code, is amended by striking the senior enlisted advisor of the Space Force the Chief Master Sergeant of the Space Force 1078. Authority to establish commercial integration cells within certain combatant commands (a) In general The Commander of the United States Africa Command, the Commander of the United States European Command, the Commander of the United States Indo-Pacific Command, the Commander of the United States Northern Command, and the Commander of the United States Southern Command may each establish— (1) a commercial integration cell within their respective combatant command for the purpose of closely integrating public and private entities with capabilities relevant to the area of operation of such combatant command; and (2) a chief technology officer position within their respective combatant command, who may— (A) oversee such commercial integration cell; and (B) report directly to the commander of the applicable combatant command. (b) Requirements and authorities In establishing the commercial integration cells under subsection (a)(1), each commander described in that paragraph may— (1) make the applicable commercial integration cell available to commercial entities with existing Government contracts up to the Top Secret/Sensitive Compartmented Information clearance level; (2) ensure that such commercial integration cell is an information-sharing partnership rather than a service contract; (3) in the case of a solution identified within the commercial integration cell that requires resources, work within existing resources or processes to request such resources; and (4) integrate lessons learned from the commercial integration cells of the United States Space Command and the United States Central Command. (c) Briefing Not later than 90 days after the date of the enactment of this Act, the Commander of the United States Africa Command, the Commander of the United States European Command, the Commander of the United States Indo-Pacific Command, the Commander of the United States Northern Command, and the Commander of the United States Southern Command shall each provide to the Committees on Armed Services of the Senate and the House of Representatives— (1) a briefing on whether a commercial integration cell was implemented and any related progress, including any challenges to implementation; (2) in the case of a commander of a combatant command who chooses not to use the authority provided in this section to establish a commercial integration cell or a chief technology officer— (A) an explanation for not using such authority; and (B) a description of the manner in which such commander is otherwise addressing the need to integrate commercial solutions; and (3) in the case of a combatant command that has an official performing a role similar to the role described for a chief technology officer under subsection (a)(2), a detailed description of the role performed by such official. 1079. Modification on limitation on funding for institutions of higher education hosting Confucius Institutes Section 1062 of the William M. ( Mac Public Law 116–283 10 U.S.C. 2241 1080. Modification of definition of domestic source for title III of Defense Production Act of 1950 (a) In general Section 702(7) of such Act ( 50 U.S.C. 4552(7) (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 term (A) In general Except as provided in subparagraph (B), the term ; (3) in clause (ii), as redesignated by paragraph (1), by striking subparagraph (A) clause (i) (4) by adding at the end the following new subparagraph (B): (B) Domestic source for title III (i) In general For purposes of title III, the term domestic source (I) performs substantially all of the research and development, engineering, manufacturing, and production activities required of such business concern under a contract with the United States relating to a critical component or a critical technology item in— (aa) the United States or Canada; or (bb) subject to clause (ii), Australia or the United Kingdom; and (II) procures from business concerns described in subclause (I) substantially all of any components or assemblies required under a contract with the United States relating to a critical component or critical technology item. (ii) Limitations on use of business concerns in Australia and United Kingdom (I) In general A business concern described in clause (i)(I)(bb) may be treated as a domestic source only for purposes of the exercise of authorities under title III relating to national defense matters that cannot be fully addressed with business concerns described in clause (i)(I)(aa). (II) National defense matters For purposes of subclause (I), a national defense matter is a matter relating to the development or production of— (aa) a defense article, as defined in section 301 of title 10, United States Code; or (bb) a material critical to national defense or national security, as defined in section 10(f) of the Strategic and Critical Materials Stock Piling Act ( 50 U.S.C. 98h–1(f) . (b) Reports on exercise of title III authorities Title III of the Defense Production Act of 1950 ( 50 U.S.C. 4531 et seq. 305. Reports on exercise of authorities (a) In general The President, or the head of an agency to which the President has delegated authorities under this title, shall submit a report and provide a briefing to the appropriate congressional committees with respect to any action taken pursuant to such authorities— (1) except as provided by paragraph (2), not later than 30 days after taking the action; and (2) in the case of an action that involves a business concern in the United Kingdom or Australia, not later than 30 days before taking the action. (b) Elements (1) In general Each report and briefing required by subsection (a) with respect to an action described in that subsection shall include— (A) a justification of the necessity of the use of authorities under this title; and (B) a description of the financial terms of any related financial transaction. (2) Additional elements relating to business concerns in the United Kingdom or Australia Each report and briefing required by subsection (a) with respect to an action described in paragraph (2) of that subsection shall include, in addition to the elements under paragraph (1)— (A) a certification that business concerns in the United States or Canada were not available with respect to the action; and (B) an analysis of why such business concerns were not available. (c) Appropriate congressional committees defined In this section, the term appropriate congressional committees (1) the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives; and (2) in the case of an action described in subsection (a) involving strategic and critical materials relating to national defense matters (as described in section 702(7)(B)(ii)(II)), the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives. . 1081. Comprehensive strategy for talent development and management of Department of Defense computer programming workforce (a) Policy It shall be a policy of the Armed Forces, including the reserve components, to establish appropriate and effective talent development and management policies and practices that allow for the military departments to present an adaptable, qualified workforce training and education standard with respect to computer programming skill needs for the workforce of the Department of Defense, including technical and nontechnical skills related to artificial intelligence and software coding. (b) Strategy required (1) In general The Secretary of Defense, in consultation with the Secretaries of each military department and the Chairman of the Joint Chiefs of Staff, shall develop a strategy to achieve the policy set forth in subsection (a). (2) Elements The strategy required by paragraph (1) shall include— (A) the development, funding, and execution of a coherent approach and transparent strategy across digital platforms and applications that enable development and presentation of forces with appropriate programmatic oversight for both active and reserve component workforces; (B) the evaluation of the potential need for career field occupational codes or other service-specific talent management mechanisms aligned with the work roles related to computer programming, artificial intelligence and machine learning competency, and software engineering under the Department of Defense Cyber Workforce Framework to allow for the military departments to identify, assess, track, manage, and assign personnel with computer programming, coding, and artificial intelligence skills through established mechanisms, under the policies of the military departments with respect to career field management, including— (i) development, modification, or revalidation of a career field or separate occupational code for computer programming occupational areas aligned with such work roles; and (ii) development, modification, or revalidation of a unique special skills or experience designator or qualification, tracked independently of a career field, for computer programming occupational areas aligned with such work roles; (C) the evaluation of current talent management processes to incorporate equivalency assessment as part of the qualification standard to accommodate experiences, training, or skills developed as a result of other work experience or training opportunities, including potentially from civilian occupations or commercially-available training courses (D) assessment of members of the Armed Forces who have completed the qualification process of the military department concerned or who qualify based on existing skills and training across computer programming occupational areas; and (E) maintaining data on, and longitudinal tracking of, members of the Armed Forces described in subparagraph (D). (c) Responsibilities The Secretary of each military department, in consultation with the Assistant Secretary of the military department for Manpower and Reserve Affairs, the Chief Information Officer of the Department of Defense, and the Chief Digital and Artificial Intelligence Officer of the Office of the Secretary of Defense, shall— (1) be responsible for development and implementation of the policy set forth in subsection (a) and strategy required by subsection (b); and (2) carry out that responsibility through an officer or employee of the military department assigned by the Secretary for that purpose. (d) Duties In developing and providing for the implementation of the policy set forth in subsection (a) and strategy required by subsection (b), the Secretary of each military department, in consultation with the Assistant Secretary of the military department for Manpower and Reserve Affairs, the Chief Information Officer of the military department, the Chief Information Officer of the Department of Defense, and the Chief Digital and Artificial Intelligence Officer of the Office of the Secretary of Defense, shall establish and update relevant policies and practices to enable the talent development and management to provide a workforce capable of conducting computer programming, software coding, and artificial intelligence activities, including by meeting related manning, systems, training, and other related funding requirements. (e) Strategy and implementation plans (1) In general Not later than 180 days after the date of the enactment of this Act, the Secretary of each military department shall submit to the Committees on Armed Services of the Senate and the House of Representatives the strategy required by subsection (b). (2) Implementation plans required Not later than one year after the date of the enactment of this Act, the Secretary of each military department shall submit to the Committees on Armed Services of the Senate and the House of Representatives a implementation plan for the strategy required by subsection (b), including identification of resource needs and areas where current internal policy or legal statutes may need to be updated. (f) Definitions In this section: (1) Computer programming occupational area The term computer programming occupational area (A) Data scientists. (B) Data engineers. (C) Data analysts. (D) Software developers. (E) Machine learning engineers. (F) Program managers. (G) Acquisition professionals. (2) Digital platform or application The term digital platform or application (3) Qualification process The term qualification process (A) means the process, modeled on a streamlined version of the process for obtaining joint qualifications, for training and verifying members of the Armed Forces to receive career field or occupational codes associated with computer programming occupational areas; and (B) may include— (i) experiences, education, and training received as a part of military service, including fellowships, talent exchanges, positions within government, and educational courses; and (ii) in the case of members of the reserve components, experiences, education, and training received in their civilian occupations. (4) Standard The term standard 1082. Limitation on availability of funds for destruction of landmines (a) Limitation Except as provided in subsection (b), none of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2024 for the Department of Defense may be obligated or expended for the destruction of anti-personnel landmine munitions before the date on which the Secretary of Defense submits the report required by subsection (c). (b) Exception for safety Subsection (a) shall not apply to any anti-personnel landmine munitions that the Secretary of Defense determines are unsafe or could pose a safety risk to the United States Armed Forces if not demilitarized or destroyed. (c) Report required (1) In general Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report that includes each of the following: (A) A description of the policy of the Department of Defense regarding the use of anti-personnel landmines, including methods for commanders to seek waivers to use such munitions. (B) Projections covering the period of 10 years following the date of the report of— (i) the inventory levels for all anti-personnel landmine munitions, taking into account future production of anti-personnel landmine munitions, any plans for demilitarization of such munitions, the age of the munitions, storage and safety considerations, and any other factors that are expected to impact the size of the inventory; (ii) the cost to achieve the inventory levels projected in clause (i), including the cost for potential demilitarization or disposal of such munitions; and (iii) the cost to develop and produce new anti-personnel landmine munitions the Secretary determines are necessary to meet the demands of operational plans. (C) An assessment by the Chairman of the Joint Chiefs of Staff of the effects of the inventory levels projected under subparagraph (B)(i) on operational plans. (D) Any inputs by the Chairman and the commanders of the combatant commands to a policy process that resulted in a change in landmine policy during the calendar year preceding the date of the enactment of this Act. (E) Any other matters that the Secretary determines appropriate for inclusion in the report. (2) Form of report The report required by paragraph (1) shall be submitted in unclassified form, but may include a classified annex. (d) Briefing required (1) In general Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall provide to the congressional defense committees a briefing on the status, as of the date of the briefing, of research and development into operational alternatives to anti-personnel landmine munitions. (2) Form of briefing The briefing required by paragraph (1) may contain classified information. (e) Anti-personnel landmine munitions defined In this section, the term anti-personnel landmine munitions 1083. Nogales wastewater improvement (a) 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 : Provided further (b) Nogales sanitation project (1) Definitions In this subsection: (A) City The term City (B) Commission The term Commission (C) International Outfall Interceptor The term International Outfall Interceptor (D) Nogales International Wastewater Treatment Plant The term Nogales International Wastewater Treatment Plant (i) is operated by the Commission; (ii) is located in Rio Rico, Santa Cruz County, Arizona, after manhole 99; and (iii) treats sewage and wastewater originating from— (I) Nogales, Sonora, Mexico; and (II) Nogales, Arizona. (2) Ownership and control (A) In general Subject to subparagraph (B) 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. (B) Agreements required The Commission shall assume full ownership and control over the International Outfall Interceptor under subparagraph (A) after all applicable governing bodies in the State of Arizona, including the City, have— (i) 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; (ii) entered into an agreement with respect to the flows entering the International Outfall Interceptor that are controlled by the City; and (iii) 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. (3) Operations and maintenance (A) In general Beginning on the date on which the Commission assumes full ownership and control of the International Outfall Interceptor under paragraph (2)(A), but subject to paragraph (5), the Commission shall be responsible for the operations and maintenance of the International Outfall Interceptor. (B) Authorization of appropriations There are authorized to be appropriated to the Commission to carry out this paragraph, to remain available until expended— (i) $6,500,000 for fiscal year 2025; and (ii) not less than $2,500,000 for fiscal year 2026 and each fiscal year thereafter. (4) Debris screen (A) Debris screen required (i) 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. (ii) Requirement In constructing and operating the debris screen under clause (i), 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. (B) Authorization of appropriations There are authorized to be appropriated to the Commission, to remain available until expended— (i) for fiscal year 2025— (I) $8,000,000 for construction of the debris screen described in subparagraph (A)(i); and (II) not less than $1,000,000 for the operations and maintenance of the debris screen described in subparagraph (A)(i); and (ii) not less than $1,000,000 for fiscal year 2026 and each fiscal year thereafter for the operations and maintenance of the debris screen described in subparagraph (A)(i). (5) Limitation of claims Chapter 171 section 1346(b) Federal Tort Claims Act (c) Effective date This section (including the amendments made by this section) takes effect on October 1, 2024. 1084. Authorization of amounts to support initiatives for mobile mammography services for veterans There is authorized to be appropriated to the Secretary of Veterans Affairs $10,000,000 for the Office of Women's Health of the Department of Veterans Affairs under section 7310 of title 38, United States Code, to be used by the Secretary to expand access of women veterans to— (1) mobile mammography initiatives; (2) advanced mammography equipment; and (3) outreach activities to publicize those initiatives and equipment. 1085. Protection of covered sectors The Defense Production Act of 1950 ( 50 U.S.C. 4501 et seq. VIII Protection of covered sectors 801. Definitions In this title: (1) Appropriate congressional committees The term appropriate congressional committees (A) the Committee on Armed Services, the Committee on Finance, the Committee on Banking, Housing, and Urban Affairs, the Select Committee on Intelligence, and the Committee on Foreign Relations of the Senate; and (B) the Committee on Armed Services, the Committee on Ways and Means, the Committee on Financial Services, the Permanent Select Committee on Intelligence, and the Committee on Foreign Affairs of the House of Representatives. (2) Country of concern The term country of concern (3) Covered activity (A) In general Subject to such regulations as may be prescribed in accordance with section 806, and except as provided in subparagraph (B), the term covered activity (i) an acquisition by such United States person of an equity interest or contingent equity interest, or monetary capital contribution, in a covered foreign entity, directly or indirectly, by contractual commitment or otherwise, with the goal of generating income or gain; (ii) an arrangement for an interest held by such United States person in the short- or long-term debt obligations of a covered foreign entity that includes governance rights that are characteristic of an equity investment, management, or other important rights, as defined in regulations prescribed in accordance with section 806; (iii) the establishment of a wholly owned subsidiary in a country of concern, such as a greenfield investment, for the purpose of production, design, testing, manufacturing, fabrication, or development related to one or more covered sectors; (iv) the establishment by such United States person of a joint venture in a country of concern or with a covered foreign entity for the purpose of production, design, testing, manufacturing, fabrication, or research involving one or more covered sectors, or other contractual or other commitments involving a covered foreign entity to jointly research and develop new innovation, including through the transfer of capital or intellectual property or other business proprietary information; or (v) the acquisition by a United States person with a covered foreign entity of— (I) operational cooperation, such as through supply or support arrangements; (II) the right to board representation (as an observer, even if limited, or as a member) or an executive role (as may be defined through regulation) in a covered foreign entity; (III) the ability to direct or influence such operational decisions as may be defined through such regulations; (IV) formal governance representation in any operating affiliate, like a portfolio company, of a covered foreign entity; or (V) a new relationship to share or provide business services, such as but not limited to financial services, marketing services, maintenance, or assembly functions, related to a covered sectors. (B) Exceptions The term covered activity (i) any transaction the value of which the Secretary of the Treasury determines is de minimis, as defined in regulations prescribed in accordance with section 806; (ii) any category of transactions that the Secretary determines is in the national interest of the United States, as may be defined in regulations prescribed in accordance with section 806; or (iii) any ordinary or administrative business transaction as may be defined in such regulations. (4) Covered foreign entity (A) In general Subject to regulations prescribed in accordance with section 806, and except as provided in subparagraph (B), the term covered foreign entity (i) any entity that is incorporated in, has a principal place of business in, or is organized under the laws of a country of concern; (ii) any entity the equity securities of which are primarily traded in the ordinary course of business on one or more exchanges in a country of concern; (iii) any entity in which any entity described in subclause (i) or (ii) holds, individually or in the aggregate, directly or indirectly, an ownership interest of greater than 50 percent; or (iv) any other entity that is not a United States person and that meets such criteria as may be specified by the Secretary of the Treasury in such regulations. (B) Exception The term covered foreign entity (i) nationals of the United States; or (ii) nationals of such countries (other than countries of concern) as are identified for purposes of this subparagraph pursuant to regulations prescribed in accordance with section 806. (5) covered sectors Subject to regulations prescribed in accordance with section 806, the term covered sectors (A) Advanced semiconductors and microelectronics. (B) Artificial intelligence. (C) Quantum information science and technology. (D) Hypersonics. (E) Satellite-based communications. (F) Networked laser scanning systems with dual-use applications. (6) Party The term party (7) United States The term United States (8) United States person The term United States person (A) an individual who is a citizen or national of the United States or an alien lawfully admitted for permanent residence in the United States; and (B) any corporation, partnership, or other entity organized under the laws of the United States or the laws of any jurisdiction within the United States. 802. Administration of United States investment notification (a) In general The President shall delegate the authorities and functions under this title to the Secretary of the Treasury. (b) Coordination In carrying out the duties of the Secretary under this title, the Secretary shall— (1) coordinate with the Secretary of Commerce; and (2) consult with the United States Trade Representative, the Secretary of Defense, the Secretary of State, and the Director of National Intelligence. 803. Mandatory notification of covered activities (a) Mandatory notification (1) In general Subject to regulations prescribed in accordance with section 806, beginning on the date that is 90 days after such regulations take effect, a United States person that plans to engage in a covered activity shall— (A) if such covered activity is not a secured transaction, submit to the Secretary of the Treasury a complete written notification of the activity not later than 14 days before the anticipated completion date of the activity; and (B) if such covered activity is a secured transaction, submit to the Secretary of the Treasury a complete written notification of the activity not later than 14 days after the completion date of the activity. (2) Circulation of notification (A) In general The Secretary shall, upon receipt of a notification under paragraph (1), promptly inspect the notification for completeness. (B) Incomplete notifications If a notification submitted under paragraph (1) is incomplete, the Secretary shall promptly inform the United States person that submits the notification that the notification is not complete and provide an explanation of relevant material respects in which the notification is not complete. (3) Identification of non-notified activity The Secretary shall establish a process to identify covered activity for which— (A) a notification is not submitted to the Secretary under paragraph (1); and (B) information is reasonably available. (b) Confidentiality of information (1) In general Except as provided in paragraph (2), any information or documentary material filed with the Secretary of the Treasury pursuant to this section shall be exempt from disclosure under section 552 of title 5, United States Code, and no such information or documentary material may be made public by any government agency or Member of Congress. (2) Exceptions The exemption from disclosure provided by paragraph (1) shall not prevent the disclosure of the following: (A) Information relevant to any administrative or judicial action or proceeding. (B) Information provided to Congress or any of the appropriate congressional committees. (C) Information important to the national security analysis or actions of the President to any domestic governmental entity, or to any foreign governmental entity of an ally or partner of the United States, under the direction and authorization of the President or the Secretary, only to the extent necessary for national security purposes, and subject to appropriate confidentiality and classification requirements. (D) Information that the parties have consented to be disclosed to third parties. 804. Reporting requirements (a) In general Not later than 360 days after the date on which the regulations prescribed under section 806 take effect, and not less frequently than annually thereafter, the Secretary of the Treasury shall submit to the appropriate congressional committees a report that— (1) lists all notifications submitted under section 803(a) during the year preceding submission of the report and includes, with respect to each such notification— (A) basic information on each party to the covered activity with respect to which the notification was submitted; and (B) the nature of the covered activity that was the subject to the notification, including the elements of the covered activity that necessitated a notification; (2) includes a summary of those notifications, disaggregated by sector, by covered activity, and by country of concern; (3) provides additional context and information regarding trends in the sectors, the types of covered activities, and the countries involved in those notifications; (4) includes a description of the national security risks associated with— (A) the covered activities with respect to which those notifications were submitted; or (B) categories of such activities; and (5) assesses the overall impact of those notifications, including recommendations for— (A) expanding existing Federal programs to support the production or supply of covered sectors in the United States, including the potential of existing authorities to address any related national security concerns; (B) investments needed to enhance covered sectors and reduce dependence on countries of concern regarding those sectors; and (C) the continuation, expansion, or modification of the implementation and administration of this title, including recommendations with respect to whether the definition of country of concern (b) Form of report Each report required by this section shall be submitted in unclassified form, but may include a classified annex. (c) Testimony required Not later than one year after the date of enactment of this title, and annually thereafter, the Secretary of the Treasury and the Secretary of Commerce shall each provide to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives testimony with respect to the national security threats relating to investments by the United States persons in countries of concern and broader international capital flows. 805. Penalties and enforcement (a) Penalties with respect to unlawful acts Subject to regulations prescribed in accordance with section 806, it shall be unlawful— (1) to fail to submit a notification under subsection (a) of section 803 with respect to a covered activity or to submit other information as required by the Secretary of the Treasury; or (2) to make a material misstatement or to omit a material fact in any information submitted to the Secretary under this title. (b) Enforcement The President may direct the Attorney General to seek appropriate relief in the district courts of the United States, in order to implement and enforce this title. 806. Requirement for regulations (a) In general Not later than 360 days after the date of the enactment of this title, the Secretary of the Treasury shall finalize regulations to carry out this title. (b) Elements Regulations prescribed to carry out this title shall include specific examples of the types of— (1) activities that will be considered to be covered activities; and (2) the specific sectors and subsectors that may be considered to be covered sectors. (c) Requirements for certain regulations The Secretary of the Treasury shall prescribe regulations further defining the terms used in this title, including covered activity covered foreign entity party chapter 7 Administrative Procedure Act (d) Public participation in rulemaking The provisions of section 709 shall apply to any regulations issued under this title. (e) Low-burden regulations In prescribing regulations under this section, the Secretary of the Treasury shall structure the regulations— (1) to minimize the cost and complexity of compliance for affected parties;. (2) to ensure the benefits of the regulations outweigh their costs; (3) to adopt the least burdensome alternative that achieves regulatory objectives; (4) to prioritize transparency and stakeholder involvement in the process of prescribing the regulations; and (5) to regularly review and streamline existing regulations to reduce redundancy and complexity. 807. Multilateral engagement and coordination (a) In general The President shall delegate the authorities and functions under this section to the Secretary of State. (b) Authorities The Secretary of State, in coordination with the Secretary of the Treasury, the Secretary of Commerce, the United States Trade Representative, and the Director of National Intelligence, shall— (1) conduct bilateral and multilateral engagement with the governments of countries that are allies and partners of the United States to ensure coordination of protocols and procedures with respect to covered activities with countries of concern and covered foreign entities; and (2) upon adoption of protocols and procedures described in paragraph (1), work with those governments to establish mechanisms for sharing information, including trends, with respect to such activities. (c) Strategy for development of outbound investment screening mechanisms The Secretary of State, in coordination with the Secretary of the Treasury and in consultation with the Attorney General, shall— (1) develop a strategy to work with countries that are allies and partners of the United States to develop mechanisms comparable to this title for the notification of covered activities; and (2) provide technical assistance to those countries with respect to the development of those mechanisms. (d) Report Not later than 90 days after the development of the strategy required by subsection (b), and annually thereafter for a period of 5 years, the Secretary of State shall submit to the appropriate congressional committees a report that includes the strategy, the status of implementing the strategy, and a description of any impediments to the establishment of mechanisms comparable to this title by allies and partners, 808. Authorization of appropriations (a) In general There are authorized to be appropriated such sums as may be necessary to carry out this title, including to provide outreach to industry and persons affected by this title. (b) Hiring authority The head of any agency designated as a lead agency under section 802(b) may appoint, without regard to the provisions of sections 3309 through 3318 of title 5, United States Code, not more than 25 candidates directly to positions in the competitive service (as defined in section 2102 of that title) in that agency. The primary responsibility of individuals in positions authorized under the preceding sentence shall be to administer this title. 809. Rule of construction with respect to free and fair commerce Nothing in this title may be construed to restrain or deter foreign investment in the United States, United States investment abroad, or trade in goods or services, if such investment and trade do not pose a risk to the national security of the United States. . 1086. Review of agriculture-related transactions by Committee on Foreign Investment in the United States Section 721 of the Defense Production Act of 1950 ( 50 U.S.C. 4565 (1) in subsection (a)— (A) in paragraph (4)— (i) in subparagraph (A)— (I) in clause (i), by striking ; and (II) in clause (ii), by striking the period at the end and inserting ; and (III) by adding at the end the following: (iii) any transaction described in clause (vi) or (vii) of subparagraph (B) proposed or pending on or after the date of the enactment of this clause. ; (ii) in subparagraph (B), by adding at the end the following: (vi) Any other investment, subject to regulations prescribed under subparagraphs (D) and (E), by a foreign person in any unaffiliated United States business that is engaged in agriculture or biotechnology related to agriculture. (vii) Subject to subparagraphs (C) and (E), the purchase or lease by, or a concession to, a foreign person of private real estate that is— (I) located in the United States; (II) used in agriculture; and (III) more than 320 acres or valued in excess of $5,000,000. ; (iii) in subparagraph (C)(i), by striking subparagraph (B)(ii) clause (ii) or (vii) of subparagraph (B) (iv) in subparagraph (D)— (I) in clause (i), by striking subparagraph (B)(iii) clauses (iii) and (vi) of subparagraph (B) (II) in clause (iii)(I), by striking subparagraph (B)(iii) clauses (iii) and (vi) of subparagraph (B) (III) in clause (iv)(I), by striking subparagraph (B)(iii) clauses (iii) and (vi) of subparagraph (B) (IV) in clause (v), by striking subparagraph (B)(iii) clauses (iii) and (vi) of subparagraph (B) (v) in subparagraph (E), by striking clauses (ii) and (iii) clauses (ii), (iii), (iv), and (vii) (B) by adding at the end the following: (14) Agriculture The term agriculture 29 U.S.C. 203 ; (2) in subsection (k)(2)— (A) by redesignating subparagraphs (H), (I), and (J), as subparagraphs (I), (J), and (K), respectively; and (B) inserting after subparagraph (G) the following new subparagraph: (H) The Secretary of Agriculture (nonvoting, ex officio). ; and (3) by adding at the end the following: (r) Prohibition with respect to agricultural companies and real estate (1) In general Notwithstanding any other provision of this section, if the Committee, in conducting a review and investigation under this section, determines that a transaction described in clause (i), (vi), or (vii) of subsection (a)(4)(B) would result in control by a covered foreign person of or investment by a covered foreign person in a United States business engaged in agriculture or private real estate used in agriculture, the President shall prohibit such transaction. (2) Waiver The President may waive, on a case-by-case basis, the requirement to prohibit a transaction under paragraph (1), not less than 30 days after the President determines and reports to the relevant committees of jurisdiction that it is vital to the national security interests of the United States to waive such prohibition. (3) Defined terms In this subsection: (A) Covered person (i) In general Except as provided by clause (ii), the term covered person (I) has the meaning given the term a person owned by, controlled by, or subject to the jurisdiction or direction of a foreign adversary foreign adversary (II) includes an entity that— (aa) is registered in or organized under the laws of a covered country; (bb) has a principal place of business in a covered country; or (cc) has a subsidiary with a principal place of business in a covered country. (ii) Exclusions The term covered person (B) Covered country The term covered country (i) The People's Republic of China. (ii) The Russian Federation. (iii) The Islamic Republic of Iran. (iv) The Democratic People's Republic of Korea. . 1087. 9/11 Responder and Survivor Health Funding Correction Act of 2023 (a) Department of Defense, Armed Forces, or other Federal worker responders to the September 11 attacks at the Pentagon and Shanksville, Pennsylvania Title XXXIII of the Public Health Service Act ( 42 U.S.C. 300mm et seq. (1) in section 3306 ( 42 U.S.C. 300mm–5 (A) by redesignating paragraphs (5) through (11) and paragraphs (12) through (17) as paragraphs (6) through (12) and paragraphs (14) through (19), respectively; (B) by inserting after paragraph (4) the following: (5) The term Federal agency ; and (C) by inserting after paragraph (12), as so redesignated, the following: (13) The term uniformed services ; and (2) in section 3311(a) ( 42 U.S.C. 300mm–21(a) (A) in paragraph (2)(C)(i)— (i) in subclause (I), by striking ; or (ii) in subclause (II), by striking ; and (iii) by adding at the end the following: (III) was an employee of the Department of Defense or any other Federal agency, worked during the period beginning on September 11, 2001, and ending on September 18, 2001, for a contractor of the Department of Defense or any other Federal agency, or was a member of a regular or reserve component of the uniformed services; and performed rescue, recovery, demolition, debris cleanup, or other related services at the Pentagon site of the terrorist-related aircraft crash of September 11, 2001, during the period beginning on September 11, 2001, and ending on the date on which the cleanup of the site was concluded, as determined by the WTC Program Administrator; or (IV) was an employee of the Department of Defense or any other Federal agency, worked during the period beginning on September 11, 2001, and ending on September 18, 2001, for a contractor of the Department of Defense or any other Federal agency, or was a member of a regular or reserve component of the uniformed services; and performed rescue, recovery, demolition, debris cleanup, or other related services at the Shanksville, Pennsylvania, site of the terrorist-related aircraft crash of September 11, 2001, during the period beginning on September 11, 2001, and ending on the date on which the cleanup of the site was concluded, as determined by the WTC Program Administrator; and ; and (B) in paragraph (4)(A)— (i) by striking (A) In general (A) Limit (i) In general The ; (ii) by inserting or subclause (III) or (IV) of paragraph (2)(C)(i) or (2)(A)(ii) (iii) by adding at the end the following: (ii) Certain responders to the September 11 attacks at the Pentagon and Shanksville, Pennsylvania The total number of individuals who may be enrolled under paragraph (3)(A)(ii) based on eligibility criteria described in subclause (III) or (IV) of paragraph (2)(C)(i) shall not exceed 500 at any time. . (b) Additional funding for the World Trade Center Health Program Title XXXIII of the Public Health Service Act ( 42 U.S.C. 300mm et seq. 3353. Special Fund (a) In general There is established a fund to be known as the World Trade Center Health Program Special Fund (referred to in this section as the Special Fund (b) Amount Out of any money in the Treasury not otherwise appropriated, there is appropriated for fiscal year 2024 $444,000,000 for deposit into the Special Fund, which amounts shall remain available in such Fund through fiscal year 2033. (c) Uses of funds Amounts deposited into the Special Fund under subsection (b) shall be available, without further appropriation and without regard to any spending limitation under section 3351(c), to the WTC Program Administrator as needed at the discretion of such Administrator, for carrying out any provision in this title (including sections 3303 and 3341(c)). (d) Remaining amounts Any amounts that remain in the Special Fund on September 30, 2033, shall be deposited into the Treasury as miscellaneous receipts. 3354. Pentagon/Shanksville Fund (a) In general There is established a fund to be known as the World Trade Center Health Program Fund for Certain WTC Responders at the Pentagon and Shanksville, Pennsylvania (referred to in this section as the Pentagon/Shanksville Fund (b) Amount Out of any money in the Treasury not otherwise appropriated, there is appropriated for fiscal year 2024 $232,000,000 for deposit into the Pentagon/Shanksville Fund, which amounts shall remain available in such Fund through fiscal year 2033. (c) Uses of funds (1) In general Amounts deposited into the Pentagon/Shanksville Fund under subsection (b) shall be available, without further appropriation and without regard to any spending limitation under section 3351(c), to the WTC Program Administrator for the purpose of carrying out section 3312 with regard to WTC responders enrolled in the WTC Program based on eligibility criteria described in subclause (III) or (IV) of section 3311(a)(2)(C)(i). (2) Limitation on other funding Notwithstanding sections 3331(a), 3351(b)(1), 3352(c), and 3353(c), and any other provision in this title, for the period of fiscal years 2024 through 2033, no amounts made available under this title other than those amounts appropriated under subsection (b) may be available for the purpose described in paragraph (1). (d) Remaining amounts Any amounts that remain in the Pentagon/Shanksville Fund on September 30, 2033, shall be deposited into the Treasury as miscellaneous receipts. . (c) Conforming amendments Title XXXIII of the Public Health Service Act ( 42 U.S.C. 300mm et seq. (1) in section 3311(a)(4)(B)(i)(II) ( 42 U.S.C. 300mm–21(a)(4)(B)(i)(II) sections 3351 and 3352 this title (2) in section 3321(a)(3)(B)(i)(II) ( 42 U.S.C. 300mm–31(a)(3)(B)(i)(II) sections 3351 and 3352 this title (3) in section 3331 ( 42 U.S.C. 300mm–41 (A) in subsection (a), by striking the World Trade Center Health Program Fund and the World Trade Center Health Program Supplemental Fund (as applicable) the Funds established under sections 3351, 3352, 3353, and 3354 (B) in subsection (d)— (i) in paragraph (1)(A), by inserting or the World Trade Center Health Program Special Fund under section 3353 section 3351 (ii) in paragraph (1)(B), by inserting or the World Trade Center Health Program Fund for Certain WTC Responders at the Pentagon and Shanksville, Pennsylvania under section 3354 section 3352 (iii) in paragraph (2), in the flush text following subparagraph (C), by inserting or the World Trade Center Health Program Fund for Certain WTC Responders at the Pentagon and Shanksville, Pennsylvania under section 3354 section 3352 (4) in section 3351(b) ( 42 U.S.C. 300mm–61(b) (A) in paragraph (2), by inserting , the World Trade Center Health Program Special Fund under section 3353, or the World Trade Center Health Program Fund for Certain WTC Responders at the Pentagon and Shanksville, Pennsylvania under section 3354 (B) in paragraph (3), by inserting , the World Trade Center Health Program Special Fund under section 3353, or the World Trade Center Health Program Fund for Certain WTC Responders at the Pentagon and Shanksville, Pennsylvania under section 3354 (d) Ensuring timely access to generics Section 505(q) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355(q) (1) in paragraph (1)— (A) in subparagraph (A)(i), by inserting , 10.31, 10.30 (B) in subparagraph (E)— (i) by striking application and application or (ii) by striking If the Secretary (i) In general If the Secretary ; and (iii) by striking the second sentence and inserting the following: (ii) Primary purpose of delaying (I) In general In determining whether a petition was submitted with the primary purpose of delaying an application, the Secretary may consider the following factors: (aa) Whether the petition was submitted in accordance with paragraph (2)(B), based on when the petitioner knew the relevant information relied upon to form the basis of such petition. (bb) When the petition was submitted in relation to when the petitioner reasonably should have known the relevant information relied upon to form the basis of such petition. (cc) Whether the petitioner has submitted multiple or serial petitions or supplements to petitions raising issues that reasonably could have been known to the petitioner at the time of submission of the earlier petition or petitions. (dd) Whether the petition was submitted close in time to a known, first date upon which an application under subsection (b)(2) or (j) of this section or section 351(k) of the Public Health Service Act could be approved. (ee) Whether the petition was submitted without relevant data or information in support of the scientific positions forming the basis of such petition. (ff) Whether the petition raises the same or substantially similar issues as a prior petition to which the Secretary has responded substantively already, including if the subsequent submission follows such response from the Secretary closely in time. (gg) Whether the petition requests changing the applicable standards that other applicants are required to meet, including requesting testing, data, or labeling standards that are more onerous or rigorous than the standards the Secretary has determined to be applicable to the listed drug, reference product, or petitioner’s version of the same drug. (hh) The petitioner's record of submitting petitions to the Food and Drug Administration that have been determined by the Secretary to have been submitted with the primary purpose of delay. (ii) Other relevant and appropriate factors, which the Secretary shall describe in guidance. (II) Guidance The Secretary may issue or update guidance, as appropriate, to describe factors the Secretary considers in accordance with subclause (I). ; (C) by striking subparagraph (F); (D) by redesignating subparagraphs (G) through (I) as subparagraphs (F) through (H), respectively; and (E) in subparagraph (H), as so redesignated, by striking submission of this petition submission of this document (2) in paragraph (2)— (A) by redesignating subparagraphs (A) through (C) as subparagraphs (C) through (E), respectively; (B) by inserting before subparagraph (C), as so redesignated, the following: (A) In general A person shall submit a petition to the Secretary under paragraph (1) before filing a civil action in which the person seeks to set aside, delay, rescind, withdraw, or prevent submission, review, or approval of an application submitted under subsection (b)(2) or (j) of this section or section 351(k) of the Public Health Service Act. Such petition and any supplement to such a petition shall describe all information and arguments that form the basis of the relief requested in any civil action described in the previous sentence. (B) Timely submission of citizen petition A petition and any supplement to a petition shall be submitted within 180 days after the person knew the information that forms the basis of the request made in the petition or supplement. ; (C) in subparagraph (C), as so redesignated— (i) in the heading, by striking within 150 days (ii) in clause (i), by striking during the 150-day period referred to in paragraph (1)(F), (iii) by amending clause (ii) to read as follows: (ii) on or after the date that is 151 days after the date of submission of the petition, the Secretary approves or has approved the application that is the subject of the petition without having made such a final decision. ; (D) by amending subparagraph (D), as so redesignated, to read as follows: (D) Dismissal of certain civil actions (i) Petition If a person files a civil action against the Secretary in which a person seeks to set aside, delay, rescind, withdraw, or prevent submission, review, or approval of an application submitted under subsection (b)(2) or (j) of this section or section 351(k) of the Public Health Service Act without complying with the requirements of subparagraph (A), the court shall dismiss without prejudice the action for failure to exhaust administrative remedies. (ii) Timeliness If a person files a civil action against the Secretary in which a person seeks to set aside, delay, rescind, withdraw, or prevent submission, review, or approval of an application submitted under subsection (b)(2) or (j) of this section or section 351(k) of the Public Health Service Act without complying with the requirements of subparagraph (B), the court shall dismiss with prejudice the action for failure to timely file a petition. (iii) Final response If a civil action is filed against the Secretary with respect to any issue raised in a petition timely filed under paragraph (1) in which the petitioner requests that the Secretary take any form of action that could, if taken, set aside, delay, rescind, withdraw, or prevent submission, review, or approval of an application submitted under subsection (b)(2) or (j) of this section or section 351(k) of the Public Health Service Act before the Secretary has taken final agency action on the petition within the meaning of subparagraph (C), the court shall dismiss without prejudice the action for failure to exhaust administrative remedies. ; and (E) in clause (iii) of subparagraph (E), as so redesignated, by striking as defined under subparagraph (2)(A) within the meaning of subparagraph (C) (3) in paragraph (4)— (A) by striking Exceptions This subsection does Exceptions.— (B) by striking subparagraph (B); and (C) by redesignating clauses (i) and (ii) as subparagraphs (A) and (B), respectively, and adjusting the margins accordingly. 1088. Reauthorization of voluntary registry for firefighter cancer incidence Section 2(h) of the Firefighter Cancer Registry Act of 2018 ( 42 U.S.C. 280e–5(h) $2,500,000 for each of the fiscal years 2018 through 2022 $5,500,000 for each of fiscal years 2024 through 2028 1089. Requirement for unqualified opinion on financial statement The Secretary of Defense shall ensure that the Department of Defense has received an unqualified opinion on its financial statements by October 1, 2027. 1090. Briefing on Air National Guard active associations Not later than November 1, 2023, the Secretary of the Air Force shall brief the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives on the potential increase in air refueling capacity and cost savings, including manpower, to be achieved by making all Air National Guard KC–135 units active associations. 1090A. Informing Consumers about Smart Devices Act (a) Required disclosure of a camera or recording capability in certain internet-connected devices Each manufacturer of a covered device shall disclose, clearly and conspicuously and prior to purchase, whether the covered device manufactured by the manufacturer contains a camera or microphone as a component of the covered device. (b) Enforcement by the Federal Trade Commission (1) Unfair or deceptive acts or practices A violation of subsection (a) shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act ( 15 U.S.C. 57a(a)(1)(B) (2) Actions by the Commission (A) In general The Federal Trade Commission (in this section referred to as the Commission 15 U.S.C. 41 et seq. (B) Penalties and privileges Any person who violates this section or a regulation promulgated under this section shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. (C) Savings clause Nothing in this section shall be construed to limit the authority of the Commission under any other provision of law. (3) Commission guidance Not later than 180 days after the date of enactment of this section, the Commission, through outreach to relevant private entities, shall issue guidance to assist manufacturers in complying with the requirements of this section, including guidance about best practices for making the disclosure required by subsection (a) as clear and conspicuous and age appropriate as practicable and about best practices for the use of a pictorial (as defined in section 2(a) of the Consumer Review Fairness Act of 2016 ( 15 U.S.C. 45b(a) (4) Tailored guidance A manufacturer of a covered device may petition the Commission for tailored guidance as to how to meet the requirements of subsection (a) consistent with existing rules of practice or any successor rules. (5) Limitation on Commission Guidance No guidance issued by the Commission with respect to this section shall confer any rights on any person, State, or locality, nor shall operate to bind the Commission or any person to the approach recommended in such guidance. In any enforcement action brought pursuant to this section, the Commission shall allege a specific violation of a provision of this section. The Commission may not base an enforcement action on, or execute a consent order based on, practices that are alleged to be inconsistent with any such guidelines, unless the practices allegedly violate subsection (a). (c) Definition of covered device In this section, the term covered device (1) means a consumer product, as defined by section 3(a) of the Consumer Product Safety Act ( 15 U.S.C. 2052(a) (2) does not include— (A) a telephone (including a mobile phone), a laptop, tablet, or any device that a consumer would reasonably expect to have a microphone or camera; (B) any device that is specifically marketed as a camera, telecommunications device, or microphone; or (C) any device or apparatus described in sections 255, 716, and 718, and subsections (aa) and (bb) of section 303 of the Communications Act of 1934 ( 47 U.S.C. 255 (d) Effective date This section shall apply to all covered devices manufactured after the date that is 180 days after the date on which guidance is issued by the Commission under subsection (b)(3), and shall not apply to covered devices manufactured or sold before such date, or otherwise introduced into interstate commerce before such date. 1090B. Improving processing by Department of Veterans Affairs of disability claims for post-traumatic stress disorder through improved training (a) Short title This section may be cited as the Department of Veterans Affairs Post-Traumatic Stress Disorder Processing Claims Improvement Act of 2023 (b) Formal process for conduct of annual analysis of training needs based on trends Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs, acting through the Under Secretary for Benefits, shall establish a formal process to analyze, on an annual basis, training needs of employees of the Department who review claims for disability compensation for service-connected post-traumatic stress disorder, based on identified processing error trends. (c) Formal process for conduct of annual studies to support annual analysis (1) In general Not later than 180 days after the date of the enactment of this Act, the Secretary, acting through the Under Secretary, shall establish a formal process to conduct, on an annual basis, studies to help guide the process established under subsection (b). (2) Elements Each study conducted under paragraph (1) shall cover the following: (A) Military post-traumatic stress disorder stressors. (B) Decision-making claims for claims processors. 1090C. U.S. Hostage and Wrongful Detainee Day Act of 2023 (a) Short title This section may be cited as the U.S. Hostage and Wrongful Detainee Day Act of 2023 (b) Designation (1) Hostage and Wrongful Detainee Day (A) In general Chapter 1 (i) by redesignating the second section 146 (relating to Choose Respect Day) as section 147; and (ii) by adding at the end the following: 148. U.S. Hostage and Wrongful Detainee Day (a) Designation March 9 is U.S. Hostage and Wrongful Detainee Day. (b) Proclamation The President is requested to issue each year a proclamation calling on the people of the United States to observe U.S. Hostage and Wrongful Detainee Day with appropriate ceremonies and activities. . (B) Technical and conforming amendment The table of sections for chapter 1 147. Choose Respect Day. 148. U.S. Hostage and Wrongful Detainee Day. . (2) Hostage and Wrongful Detainee flag (A) In general Chapter 9 904. Hostage and Wrongful Detainee flag (a) Designation The Hostage and Wrongful Detainee flag championed by the Bring Our Families Home Campaign is designated as the symbol of the commitment of the United States to recognizing, and prioritizing the freedom of, citizens and lawful permanent residents of the United States held as hostages or wrongfully detained abroad. (b) Required display (1) In general The Hostage and Wrongful Detainee flag shall be displayed at the locations specified in paragraph (3) on the days specified in paragraph (2). (2) Days specified The days specified in this paragraph are the following: (A) U.S. Hostage and Wrongful Detainee Day, March 9. (B) Flag Day, June 14. (C) Independence Day, July 4. (D) Any day on which a citizen or lawful permanent resident of the United States— (i) returns to the United States from being held hostage or wrongfully detained abroad; or (ii) dies while being held hostage or wrongfully detained abroad. (3) Locations specified The locations specified in this paragraph are the following: (A) The Capitol. (B) The White House. (C) The buildings containing the official office of— (i) the Secretary of State; and (ii) the Secretary of Defense. (c) Display To be in a manner visible to the public Display of the Hostage and Wrongful Detainee flag pursuant to this section shall be in a manner designed to ensure visibility to the public. (d) Limitation This section may not be construed or applied so as to require any employee to report to work solely for the purpose of providing for the display of the Hostage and Wrongful Detainee flag. . (B) Technical and conforming amendment The table of sections for chapter 9 904. Hostage and Wrongful Detainee flag. . 1090D. Prohibition on provision of airport improvement grant funds to certain entities that have violated intellectual property rights of United States entities (a) In general During the period beginning on the date that is 30 days after the date of the enactment of this section, amounts provided as project grants under subchapter I of chapter 471 (b) Contract described A contract described in this subsection is a contract or other agreement for the procurement of infrastructure or equipment for a passenger boarding bridge at an airport. (c) List required (1) In general Not later than 30 days after the date of enactment of this Act, and thereafter as required by paragraph (2), the United States Trade Representative, and the Administrator of the Federal Aviation Administration shall make available to the Administrator of the Federal Aviation Administration a publicly-available a list of entities manufacturing airport passenger boarding infrastructure or equipment that— (A) are owned, directed by, or subsidized in whole, or in part by the People’s Republic of China; (B) have been determined by a Federal court to have misappropriated intellectual property or trade secrets from an entity organized under the laws of the United States or any jurisdiction within the United States; (C) own or control, are owned or controlled by, are under common ownership or control with, or are successors to, an entity described in subparagraph (A); (D) own or control, are under common ownership or control with, or are successors to, an entity described in subparagraph (A); or (E) have entered into an agreement with or accepted funding from, whether in the form of minority investment interest or debt, have entered into a partnership with, or have entered into another contractual or other written arrangement with, an entity described in subparagraph (A). (2) Updates to list The United States Trade Representative shall update the list required by paragraph (1), based on information provided by the Administrator of the Federal Aviation Administration, in consultation with the Attorney General— (A) not less frequently than every 90 days during the 180-day period following the initial publication of the list under paragraph (1); and (B) not less frequently than annually thereafter. (d) Definitions In this section, the definitions in section 47102 of title 49, United States Code, shall apply. 1090E. Conduct of winter season reconnaissance of atmospheric rivers in the western United States (a) Conduct of reconnaissance (1) In general Subject to the availability of appropriations, the 53rd Weather Reconnaissance Squadron of the Air Force Reserve Command and the Administrator of the National Oceanic and Atmospheric Administration may use aircraft, personnel, and equipment necessary to meet the mission requirements of the 53rd Weather Reconnaissance Squadron of the Air Force Reserve Command and the National Oceanic and Atmospheric Administration if those aircraft, personnel, and equipment are not otherwise needed for hurricane monitoring and response. (2) Activities In carrying out paragraph (1), the 53rd Weather Reconnaissance Squadron of the Air Force Reserve Command, in consultation with the Administrator of the National Oceanic and Atmospheric Administration and appropriate line offices of the National Oceanic and Atmospheric Administration, may— (A) improve the accuracy and timeliness of observations to support the forecast and warning services of the National Weather Service for the coasts of the United States; (B) collect data in data-sparse regions where conventional, upper-air observations are lacking; (C) support water management decisions and flood forecasting through the execution of targeted airborne dropsonde, buoys, autonomous platform observations, satellite observations, remote sensing observations, and other observation platforms as appropriate, including enhanced assimilation of the data from those observations over the eastern, central, and western north Pacific Ocean, the Gulf of Mexico, and the western Atlantic Ocean to improve forecasts of large storms for civil authorities and military decision makers; (D) participate in the research and operations partnership that guides flight planning and uses research methods to improve and expand the capabilities and effectiveness of weather reconnaissance over time; and (E) undertake such other additional activities as the Administrator of the National Oceanic and Atmospheric Administration, in collaboration with the 53rd Weather Reconnaissance Squadron, considers appropriate to further prediction of dangerous weather events. (b) Reports (1) Air Force (A) In general Not later than 90 days after the date of the enactment of this Act, the Secretary of the Air Force, in consultation with the Administrator of the National Oceanic and Atmospheric Administration, shall submit to the appropriate committees of Congress a comprehensive report on the resources necessary for the 53rd Weather Reconnaissance Squadron of the Air Force Reserve Command to continue to support, through December 31, 2035— (i) the National Hurricane Operations Plan; (ii) the National Winter Season Operations Plan; and (iii) any other operational requirements relating to weather reconnaissance. (B) Appropriate committees of Congress In this paragraph, the term appropriate committees of Congress (i) the Committee on Armed Services of the Senate; (ii) the Subcommittee on Defense of the Committee on Appropriations of the Senate; (iii) the Committee on Commerce, Science, and Transportation of the Senate; (iv) the Committee on Science, Space, and Technology of the House of Representatives; (v) the Committee on Armed Services of the House of Representatives; and (vi) the Subcommittee on Defense of the Committee on Appropriations of the House of Representatives. (2) Commerce Not later than 90 days after the date of the enactment of this Act, the Secretary of Commerce shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science, Space, and Technology of the House of Representatives a comprehensive report on the resources necessary for the National Oceanic and Atmospheric Administration to continue to support, through December 31, 2035— (A) the National Hurricane Operations Plan; (B) the National Winter Season Operations Plan; and (C) any other operational requirements relating to weather reconnaissance. 1090F. National Cold War Center designation (a) Purposes The purposes of this section are— (1) to designate the museum located at Blytheville/Eaker Air Force Base in Blytheville, Arkansas, including its future and expanded exhibits, collections, and educational programs, as a National Cold War Center (2) to recognize the preservation, maintenance, and interpretation of the artifacts, documents, images, and history collected by the Center; (3) to enhance the knowledge of the American people of the experience of the United States during the Cold War years; and (4) to ensure that all future generations understand the sacrifices made to preserve freedom and democracy, and the benefits of peace for all future generations in the 21st century and beyond. (b) Designation (1) In general The museum located at Blytheville/Eaker Air Force Base in Blytheville, Arkansas, is designated as a National Cold War Center (2) Rule of construction Nothing in this section shall preclude the designation of other national centers or museums in the United States interpreting the Cold War. (c) Effect of designation The National Cold War Center designated by this section is not a unit of the National Park System, and the designation of the center as a National Cold War Center shall not be construed to require or permit Federal funds to be expended for any purpose related to the designation made by this section. 1090G. Semiconductor program Title XCIX of division H of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( 15 U.S.C. 4651 et seq. (1) in section 9902 ( 15 U.S.C. 4652 (A) by redesignating subsections (h) and (i) as subsections (i) and (j), respectively; and (B) by inserting after subsection (g) the following: (h) Authority relating to environmental review (1) In general Notwithstanding any other provision of law, the provision by the Secretary of Federal financial assistance for a project described in this section that satisfies the requirements under subsection (a)(2)(C)(i) of this section shall not be considered to be a major Federal action under NEPA or an undertaking for the purposes of division A of subtitle III of title 54, United States Code, if— (A) the activity described in the application for that project has commenced not later than 1 year after the date of enactment of the National Defense Authorization Act for Fiscal Year 2024; (B) the Federal financial assistance provided is in the form of a loan or loan guarantee; or (C) the Federal financial assistance provided, excluding any loan or loan guarantee, comprises not more than 10 percent of the total estimated cost of the project. (2) Savings clause Nothing in this subsection may be construed as altering whether an activity described in subparagraph (A), (B), or (C) of paragraph (1) is considered to be a major Federal action under NEPA, or an undertaking under division A of subtitle III of title 54, United States Code, for a reason other than that the activity is eligible for Federal financial assistance provided under this section. ; and (2) in section 9909 ( 15 U.S.C. 4659 (c) Lead Federal agency and cooperating agencies (1) Definition In this subsection, the term lead agency (2) Option to serve as lead agency With respect to a covered activity that is a major Federal action under NEPA, and with respect to which the Department of Commerce is authorized or required by law to issue an authorization or take action for or relating to that covered activity, the Department of Commerce shall have the first right to serve as the lead agency with respect to that covered activity under NEPA. (d) Categorical exclusions (1) Establishment of categorical exclusions Each of the following categorical exclusions is established for the National Institute of Standards and Technology with respect to a covered activity and, beginning on the date of enactment of this subsection, is available for use by the Secretary with respect to a covered activity: (A) Categorical exclusion 17.04.d (relating to the acquisition of machinery and equipment) in the document entitled EDA Program to Implement the National Environmental Policy Act of 1969 and Other Federal Environmental Mandates As Required (B) Categorical exclusion A9 in Appendix A to subpart D of part 1021 of title 10, Code of Federal Regulations, or any successor regulation. (C) Categorical exclusions B1.24, B1.31, B2.5, and B5.1 in Appendix B to subpart D of part 1021 of title 10, Code of Federal Regulations, or any successor regulation. (D) The categorical exclusions described in paragraphs (4) and (13) of section 50.19(b) of title 24, Code of Federal Regulations, or any successor regulation. (E) Categorical exclusion (c)(1) in Appendix B to part 651 of title 32, Code of Federal Regulations, or any successor regulation. (F) Categorical exclusions A2.3.8 and A2.3.14 in Appendix B to part 989 of title 32, Code of Federal Regulations, or any successor regulation. (2) Additional categorical exclusions Notwithstanding any other provision of law, each of the following shall be treated as a category of action categorically excluded from the requirements relating to environmental assessments and environmental impact statements under section 1501.4 of title 40, Code of Federal Regulations, or any successor regulation: (A) The provision by the Secretary of any Federal financial assistance for a project described in section 9902, if the facility that is the subject of the project is on or adjacent to a site— (i) that is owned or leased by the covered entity to which Federal financial assistance is provided for that project; and (ii) on which, as of the date on which the Secretary provides that Federal financial assistance, substantially similar construction, expansion, or modernization is being or has been carried out, such that the facility would not more than double existing developed acreage or on-site supporting infrastructure. (B) The provision by the Secretary of Defense of any Federal financial assistance relating to— (i) the creation, expansion, or modernization of one or more facilities described in the second sentence of section 9903(a)(1); or (ii) carrying out section 9903(b), as in effect on the date of enactment of this subsection. (C) Any activity undertaken by the Secretary relating to carrying out section 9906, as in effect on the date of enactment of this subsection. (e) Incorporation of prior planning decisions (1) Definition In this subsection, the term prior studies and decisions (2) Reliance on prior studies and decisions In completing an environmental review under NEPA for a covered activity, the Secretary may consider and, as appropriate, rely on or adopt prior studies and decisions, if the Secretary determines that— (A) those prior studies and decisions meet the standards for an adequate statement, assessment, or determination under applicable procedures of the Department of Commerce implementing the requirements of NEPA; (B) in the case of prior studies and decisions completed under the laws and procedures of a State or Indian Tribe, those laws and procedures are of equal or greater rigor than those of each applicable Federal law, including NEPA, implementing procedures of the Department of Commerce; or (C) if applicable, the prior studies and decisions are informed by other analysis or documentation that would have been prepared if the prior studies and decisions were prepared by the Secretary under NEPA. (f) Definitions In this section: (1) Covered activity The term covered activity (2) NEPA The term NEPA 42 U.S.C. 4321 et seq. . 1090H. Prohibition of demand for bribe Section 201 of title 18, United States Code, is amended— (1) in subsection (a)— (A) in paragraph (2), by striking and (B) in paragraph (3), by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following: (4) the term foreign official (A) (i) any official or employee of a foreign government or any department, agency, or instrumentality thereof; or (ii) any senior foreign political figure, as defined in section 1010.605 of title 31, Code of Federal Regulations, or any successor regulation; (B) any official or employee of a public international organization; (C) any person acting in an official capacity for or on behalf of— (i) a government, department, agency, or instrumentality described in subparagraph (A)(i); or (ii) a public international organization; or (D) any person acting in an unofficial capacity for or on behalf of— (i) a government, department, agency, or instrumentality described in subparagraph (A)(i); or (ii) a public international organization; and (5) the term public international organization (A) an organization that is designated by Executive order pursuant to section 1 of the International Organizations Immunities Act ( 22 U.S.C. 288 (B) any other international organization that is designated by the President by Executive order for the purposes of this section, effective as of the date of publication of such order in the Federal Register. ; and (2) by adding at the end the following: (f) Prohibition of demand for a bribe (1) Offense It shall be unlawful for any foreign official or person selected to be a foreign official to corruptly demand, seek, receive, accept, or agree to receive or accept, directly or indirectly, anything of value personally or for any other person or nongovernmental entity, by making use of the mails or any means or instrumentality of interstate commerce, from any person (as defined in section 104A of the Foreign Corrupt Practices Act of 1977 ( 15 U.S.C. 78dd–3 15 U.S.C. 78c(a) 15 U.S.C. 78dd–2 (A) being influenced in the performance of any official act; (B) being induced to do or omit to do any act in violation of the official duty of such foreign official or person; or (C) conferring any improper advantage, in connection with obtaining or retaining business for or with, or directing business to, any person. (2) Penalties Any person who violates paragraph (1) shall be fined not more than $250,000 or 3 times the monetary equivalent of the thing of value, imprisoned for not more than 15 years, or both. (3) Jurisdiction An offense under paragraph (1) shall be subject to extraterritorial Federal jurisdiction. (4) Report Not later than 1 year after the date of enactment of the Foreign Extortion Prevention Act, and annually thereafter, the Attorney General, in consultation with the Secretary of State as relevant, shall submit to the Committee on the Judiciary and the Committee on Foreign Relations of the Senate and the Committee on the Judiciary and the Committee on Foreign Affairs of the House of Representatives, and post on the publicly available website of the Department of Justice, a report— (A) focusing, in part, on demands by foreign officials for bribes from entities domiciled or incorporated in the United States, and the efforts of foreign governments to prosecute such cases; (B) addressing United States diplomatic efforts to protect entities domiciled or incorporated in the United States from foreign bribery, and the effectiveness of those efforts in protecting such entities; (C) summarizing major actions taken under this section in the previous year, including enforcement actions taken and penalties imposed; (D) evaluating the effectiveness of the Department of Justice in enforcing this section; and (E) detailing what resources or legislative action the Department of Justice needs to ensure adequate enforcement of this section. (5) Rule of construction This subsection shall not be construed as encompassing conduct that would violate section 30A of the Securities Exchange Act of 1934 ( 15 U.S.C. 78dd–1 15 U.S.C. 78dd–2 15 U.S.C. 78dd–3 . 1090I. Studies and reports on treatment of service of certain members of the Armed Forces who served in female cultural support teams (a) Findings Congress finds the following: (1) In 2010, the Commander of United States Special Operations Command established the Cultural Support Team Program to overcome significant intelligence gaps during the Global War on Terror. (2) From 2010 through 2021, approximately 310 female members, from every Armed Force, passed and were selected as members of female cultural support teams, and deployed with special operations forces. (3) Members of female cultural support teams served honorably, demonstrated commendable courage, overcame such intelligence gaps, engaged in direct action, and suffered casualties during the Global War on Terror. (4) The Federal Government has a duty to recognize members and veterans of female cultural support teams who volunteered to join the Armed Forces, to undergo arduous training for covered service, and to execute dangerous and classified missions in the course of such covered service. (5) Members who performed covered service have sought treatment from the Department of Veterans Affairs for traumatic brain injuries, post-traumatic stress, and disabling physical trauma incurred in the course of such covered service, but have been denied such care. (b) Sense of Congress It is the Sense of Congress that— (1) individuals who performed covered service performed exceptional service to the United States; and (2) the Secretary of Defense should ensure that the performance of covered service is included in the military service record of each individual who performed covered service so that those with service-connected injuries can receive proper care and benefits for their service. (c) Secretary of Defense study and report (1) In general Not later than March 31, 2024, the Secretary of Defense shall— (A) carry out a study on the treatment of covered service for purposes of retired pay under laws administered by the Secretary; and (B) submit to the appropriate committees of Congress a report on the findings of the Secretary with respect to the study carried out under paragraph (1). (2) List The report submitted under paragraph (1)(B) shall include a list of each individual who performed covered service whose military service record should be modified on account of covered service. (d) Secretary of Veterans Affairs study and report (1) In general Not later than March 31, 2024, the Secretary of Veterans Affairs shall— (A) carry out a study on the treatment of covered service for purposes of compensation under laws administered by the Secretary; and (B) submit to the appropriate committees of Congress a report on the findings of the Secretary with respect to the study carried out under paragraph (1). (2) Contents The report submitted under paragraph (1)(B) shall include the following: (A) A list of each veteran who performed covered service whose claim for disability compensation under a law administered by the Secretary was denied due to the inability of the Department of Veterans Affairs to determine the injury was service-connected. (B) An estimate of the cost that would be incurred by the Department to provide veterans described in subparagraph (A) with the health care and benefits they are entitled to under the laws administered by the Secretary on account of their covered service. (e) Definitions In this section: (1) Appropriate committees of Congress The term appropriate committees of Congress (A) the Committee on Armed Services and the Committee on Veterans' Affairs of the Senate; and (B) the Committee on Armed Services and the Committee on Veterans' Affairs of the House of Representatives. (2) Covered service The term covered service (A) as a member of the Armed Forces; (B) in a female cultural support team; (C) with the personnel development skill identifier of R2J or 5DK, or any other validation methods, such as valid sworn statements, officer and enlisted performance evaluations, training certificates, or records of an award from completion of tour with a cultural support team; and (D) during the period beginning on January 1, 2010, and ending on August 31, 2021. 1090J. Global cooperative framework to end human rights abuses in sourcing critical minerals (a) In general The Secretary of State shall seek to convene a meeting of foreign leaders to establish a multilateral framework to end human rights abuses, including the exploitation of forced labor and child labor, related to the mining and sourcing of critical minerals. (b) Implementation report The Secretary shall lead the development of an annual global report on the implementation of the framework under subsection (a), including progress and recommendations to fully end human rights abuses, including the exploitation of forced labor and child labor, related to the extraction of critical minerals around the world. (c) Consultations The Secretary shall consult closely on a timely basis with the following with respect to developing and implementing the framework under subsection (a): (1) The Forced Labor Enforcement Task Force established under section 741 of the United States-Mexico-Canada Agreement Implementation Act ( 19 U.S.C. 4681 (2) Congress. (d) Relationship to United States law Nothing in the framework under subsection (a) shall be construed— (1) to amend or modify any law of the United States; or (2) to limit any authority conferred under any law of the United States. (e) Extractive Industries Transparency Initiative and Certain Provisions of the Dodd-Frank Wall Street Reform and Consumer Protection Act Nothing in this section shall— (1) affect the authority of the President to take any action to join and subsequently comply with the terms and obligations of the Extractive Industries Transparency Initiative (EITI); or (2) affect section 1502 of the Dodd-Frank Wall Street Reform and Consumer Protection Act ( 15 U.S.C. 78m 15 U.S.C. 78m Public Law 111–203 (f) Critical mineral defined In this section, the term critical mineral 30 U.S.C. 1606(a) 1090K. Readmission requirements for servicemembers Section 484C(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1091c(a) (a) Definition of Service in the Uniformed Services In this section, the term service in the uniformed services . H Drone security 1091. Short title This subtitle may be cited as the American Security Drone Act of 2023 1092. Definitions In this subtitle: (1) Covered foreign entity The term covered foreign entity (A) An entity included on the Consolidated Screening List. (B) Any entity that is subject to extrajudicial direction from a foreign government, as determined by the Secretary of Homeland Security. (C) Any entity the Secretary of Homeland Security, in coordination with the Attorney General, Director of National Intelligence, and the Secretary of Defense, determines poses a national security risk. (D) Any entity domiciled in the People’s Republic of China or subject to influence or control by the Government of the People’s Republic of China or the Communist Party of the People’s Republic of China, as determined by the Secretary of Homeland Security. (E) Any subsidiary or affiliate of an entity described in subparagraphs (A) through (D). (2) Covered unmanned aircraft system The term covered unmanned aircraft system unmanned aircraft system (3) Intelligence; intelligence community The terms intelligence intelligence community 50 U.S.C. 3003 1093. Prohibition on procurement of covered unmanned aircraft systems from covered foreign entities (a) In general Except as provided under subsections (b) through (f), the head of an executive agency may not procure any covered unmanned aircraft system that is manufactured or assembled by a covered foreign entity, which includes associated elements related to the collection and transmission of sensitive information (consisting of communication links and the components that control the unmanned aircraft) that enable the operator to operate the aircraft in the National Airspace System. The Federal Acquisition Security Council, in coordination with the Secretary of Transportation, shall develop and update a list of associated elements. (b) Exemption The Secretary of Homeland Security, the Secretary of Defense, the Director of National Intelligence, and the Attorney General are exempt from the restriction under subsection (a) if the procurement is required in the national interest of the United States and— (1) is for the sole purposes of research, evaluation, training, testing, or analysis for electronic warfare, information warfare operations, cybersecurity, or development of unmanned aircraft system or counter-unmanned aircraft system technology; (2) is for the sole purposes of conducting counterterrorism or counterintelligence activities, protective missions, or Federal criminal or national security investigations, including forensic examinations, or for electronic warfare, information warfare operations, cybersecurity, or development of an unmanned aircraft system or counter-unmanned aircraft system technology; or (3) is an unmanned aircraft system that, as procured or as modified after procurement but before operational use, can no longer transfer to, or download data from, a covered foreign entity and otherwise poses no national security cybersecurity risks as determined by the exempting official. (c) Department of Transportation and Federal Aviation Administration exemption The Secretary of Transportation is exempt from the restriction under subsection (a) if the operation or procurement is deemed to support the safe, secure, or efficient operation of the National Airspace System or maintenance of public safety, including activities carried out under the Federal Aviation Administration’s Alliance for System Safety of UAS through Research Excellence (ASSURE) Center of Excellence (COE) and any other activity deemed to support the safe, secure, or efficient operation of the National Airspace System or maintenance of public safety, as determined by the Secretary or the Secretary’s designee. (d) National Transportation Safety Board exemption The National Transportation Safety Board, in consultation with the Secretary of Homeland Security, is exempt from the restriction under subsection (a) if the operation or procurement is necessary for the sole purpose of conducting safety investigations. (e) National Oceanic and Atmospheric Administration exemption The Administrator of the National Oceanic and Atmospheric Administration (NOAA), in consultation with the Secretary of Homeland Security, is exempt from the restriction under subsection (a) if the procurement is necessary for the purpose of meeting NOAA’s science or management objectives or operational mission. (f) Waiver The head of an executive agency may waive the prohibition under subsection (a) on a case-by-case basis— (1) with the approval of the Director of the Office of Management and Budget, after consultation with the Federal Acquisition Security Council; and (2) upon notification to— (A) the Committee on Homeland Security and Governmental Affairs of the Senate; (B) the Committee on Oversight and Reform in the House of Representatives; and (C) other appropriate congressional committees of jurisdiction. 1094. Prohibition on operation of covered unmanned aircraft systems from covered foreign entities (a) Prohibition (1) In general Beginning on the date that is two years after the date of the enactment of this Act, no Federal department or agency may operate a covered unmanned aircraft system manufactured or assembled by a covered foreign entity. (2) Applicability to contracted services The prohibition under paragraph (1) applies to any covered unmanned aircraft systems that are being used by any executive agency through the method of contracting for the services of covered unmanned aircraft systems. (b) Exemption The Secretary of Homeland Security, the Secretary of Defense, the Director of National Intelligence, and the Attorney General are exempt from the restriction under subsection (a) if the operation is required in the national interest of the United States and— (1) is for the sole purposes of research, evaluation, training, testing, or analysis for electronic warfare, information warfare operations, cybersecurity, or development of unmanned aircraft system or counter-unmanned aircraft system technology; (2) is for the sole purposes of conducting counterterrorism or counterintelligence activities, protective missions, or Federal criminal or national security investigations, including forensic examinations, or for electronic warfare, information warfare operations, cybersecurity, or development of an unmanned aircraft system or counter-unmanned aircraft system technology; or (3) is an unmanned aircraft system that, as procured or as modified after procurement but before operational use, can no longer transfer to, or download data from, a covered foreign entity and otherwise poses no national security cybersecurity risks as determined by the exempting official. (c) Department of Transportation and Federal Aviation Administration exemption The Secretary of Transportation is exempt from the restriction under subsection (a) if the operation is deemed to support the safe, secure, or efficient operation of the National Airspace System or maintenance of public safety, including activities carried out under the Federal Aviation Administration’s Alliance for System Safety of UAS through Research Excellence (ASSURE) Center of Excellence (COE) and any other activity deemed to support the safe, secure, or efficient operation of the National Airspace System or maintenance of public safety, as determined by the Secretary or the Secretary’s designee. (d) National Transportation Safety Board exemption The National Transportation Safety Board, in consultation with the Secretary of Homeland Security, is exempt from the restriction under subsection (a) if the operation is necessary for the sole purpose of conducting safety investigations. (e) National Oceanic and Atmospheric Administration exemption The Administrator of the National Oceanic and Atmospheric Administration (NOAA), in consultation with the Secretary of Homeland Security, is exempt from the restriction under subsection (a) if the procurement is necessary for the purpose of meeting NOAA’s science or management objectives or operational mission. (f) Waiver The head of an executive agency may waive the prohibition under subsection (a) on a case-by-case basis— (1) with the approval of the Director of the Office of Management and Budget, after consultation with the Federal Acquisition Security Council; and (2) upon notification to— (A) the Committee on Homeland Security and Governmental Affairs of the Senate; (B) the Committee on Oversight and Reform in the House of Representatives; and (C) other appropriate congressional committees of jurisdiction. (g) Regulations and guidance Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security, in consultation with the Attorney General and the Secretary of Transportation, shall prescribe regulations or guidance to implement this section. 1095. Prohibition on use of Federal funds for procurement and operation of covered unmanned aircraft systems from covered foreign entities (a) In general Beginning on the date that is two years after the date of the enactment of this Act, except as provided in subsection (b), no Federal funds awarded through a contract, grant, or cooperative agreement, or otherwise made available may be used— (1) to procure a covered unmanned aircraft system that is manufactured or assembled by a covered foreign entity; or (2) in connection with the operation of such a drone or unmanned aircraft system. (b) Exemption The Secretary of Homeland Security, the Secretary of Defense, the Director of National Intelligence, and the Attorney General are exempt from the restriction under subsection (a) if the procurement or operation is required in the national interest of the United States and— (1) is for the sole purposes of research, evaluation, training, testing, or analysis for electronic warfare, information warfare operations, cybersecurity, or development of unmanned aircraft system or counter-unmanned aircraft system technology; (2) is for the sole purposes of conducting counterterrorism or counterintelligence activities, protective missions, or Federal criminal or national security investigations, including forensic examinations, or for electronic warfare, information warfare operations, cybersecurity, or development of an unmanned aircraft system or counter-unmanned aircraft system technology; or (3) is an unmanned aircraft system that, as procured or as modified after procurement but before operational use, can no longer transfer to, or download data from, a covered foreign entity and otherwise poses no national security cybersecurity risks as determined by the exempting official. (c) Department of Transportation and Federal Aviation Administration exemption The Secretary of Transportation is exempt from the restriction under subsection (a) if the operation or procurement is deemed to support the safe, secure, or efficient operation of the National Airspace System or maintenance of public safety, including activities carried out under the Federal Aviation Administration’s Alliance for System Safety of UAS through Research Excellence (ASSURE) Center of Excellence (COE) and any other activity deemed to support the safe, secure, or efficient operation of the National Airspace System or maintenance of public safety, as determined by the Secretary or the Secretary’s designee. (d) National Oceanic and Atmospheric Administration exemption The Administrator of the National Oceanic and Atmospheric Administration (NOAA), in consultation with the Secretary of Homeland Security, is exempt from the restriction under subsection (a) if the operation or procurement is necessary for the purpose of meeting NOAA’s science or management objectives or operational mission. (e) Waiver The head of an executive agency may waive the prohibition under subsection (a) on a case-by-case basis— (1) with the approval of the Director of the Office of Management and Budget, after consultation with the Federal Acquisition Security Council; and (2) upon notification to— (A) the Committee on Homeland Security and Governmental Affairs of the Senate; (B) the Committee on Oversight and Reform in the House of Representatives; and (C) other appropriate congressional committees of jurisdiction. (f) Regulations Not later than 180 days after the date of the enactment of this Act, the Federal Acquisition Regulatory Council shall prescribe regulations or guidance, as necessary, to implement the requirements of this section pertaining to Federal contracts. 1096. Prohibition on use of Government-issued Purchase Cards to purchase covered unmanned aircraft systems from covered foreign entities Effective immediately, Government-issued Purchase Cards may not be used to procure any covered unmanned aircraft system from a covered foreign entity. 1097. Management of existing inventories of covered unmanned aircraft systems from covered foreign entities (a) In general All executive agencies must account for existing inventories of covered unmanned aircraft systems manufactured or assembled by a covered foreign entity in their personal property accounting systems, within one year of the date of enactment of this Act, regardless of the original procurement cost, or the purpose of procurement due to the special monitoring and accounting measures necessary to track the items’ capabilities. (b) Classified tracking Due to the sensitive nature of missions and operations conducted by the United States Government, inventory data related to covered unmanned aircraft systems manufactured or assembled by a covered foreign entity may be tracked at a classified level, as determined by the Secretary of Homeland Security or the Secretary’s designee. (c) Exceptions The Department of Defense, the Department of Homeland Security, the Department of Justice, the Department of Transportation, and the National Oceanic and Atmospheric Administration may exclude from the full inventory process, covered unmanned aircraft systems that are deemed expendable due to mission risk such as recovery issues, or that are one-time-use covered unmanned aircraft due to requirements and low cost. 1098. Comptroller General report Not later than 275 days after the date of the enactment of this Act, the Comptroller General of the United States shall submit to Congress a report on the amount of commercial off-the-shelf drones and covered unmanned aircraft systems procured by Federal departments and agencies from covered foreign entities. 1099. Government-wide policy for procurement of unmanned aircraft systems (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 Department of Homeland Security, Department of Transportation, the Department of Justice, and other Departments as determined by the Director of the Office of Management and Budget, and in consultation with the National Institute of Standards and Technology, shall establish a government-wide policy for the procurement of an unmanned aircraft system— (1) for non-Department of Defense and non-intelligence community operations; and (2) through grants and cooperative agreements entered into with non-Federal entities. (b) Information security The policy developed under subsection (a) shall include the following specifications, which to the extent practicable, shall be based on industry standards and technical guidance from the National Institute of Standards and Technology, to address the risks associated with processing, storing, and transmitting Federal information in an unmanned aircraft system: (1) Protections to ensure controlled access to an unmanned aircraft system. (2) Protecting software, firmware, and hardware by ensuring changes to an unmanned aircraft system are properly managed, including by ensuring an unmanned aircraft system can be updated using a secure, controlled, and configurable mechanism. (3) Cryptographically securing sensitive collected, stored, and transmitted data, including proper handling of privacy data and other controlled unclassified information. (4) Appropriate safeguards necessary to protect sensitive information, including during and after use of an unmanned aircraft system. (5) Appropriate data security to ensure that data is not transmitted to or stored in non-approved locations. (6) The ability to opt out of the uploading, downloading, or transmitting of data that is not required by law or regulation and an ability to choose with whom and where information is shared when it is required. (c) Requirement The policy developed under subsection (a) shall reflect an appropriate risk-based approach to information security related to use of an unmanned aircraft system. (d) Revision of acquisition regulations Not later than 180 days after the date on which the policy required under subsection (a) is issued— (1) the Federal Acquisition Regulatory Council shall revise the Federal Acquisition Regulation, as necessary, to implement the policy; and (2) any Federal department or agency or other Federal entity not subject to, or not subject solely to, the Federal Acquisition Regulation shall revise applicable policy, guidance, or regulations, as necessary, to implement the policy. (e) Exemption In developing the policy required under subsection (a), the Director of the Office of Management and Budget shall— (1) incorporate policies to implement the exemptions contained in this subtitle; and (2) incorporate an exemption to the policy in the case of a head of the procuring department or agency determining, in writing, that no product that complies with the information security requirements described in subsection (b) is capable of fulfilling mission critical performance requirements, and such determination— (A) may not be delegated below the level of the Deputy Secretary, or Administrator, of the procuring department or agency; (B) shall specify— (i) the quantity of end items to which the waiver applies and the procurement value of those items; and (ii) the time period over which the waiver applies, which shall not exceed three years; (C) shall be reported to the Office of Management and Budget following issuance of such a determination; and (D) not later than 30 days after the date on which the determination is made, shall be provided to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Reform of the House of Representatives. 1099A. State, local, and territorial law enforcement and emergency service exemption (a) Rule of construction Nothing in this subtitle shall prevent a State, local, or territorial law enforcement or emergency service agency from procuring or operating a covered unmanned aircraft system purchased with non-Federal dollars. (b) Continuity of arrangements The Federal Government may continue entering into contracts, grants, and cooperative agreements or other Federal funding instruments with State, local, or territorial law enforcement or emergency service agencies under which a covered unmanned aircraft system will be purchased or operated if the agency has received approval or waiver to purchase or operate a covered unmanned aircraft system pursuant to section 1095. 1099B. Study (a) Study on the Supply Chain for Unmanned Aircraft Systems and Components (1) Report required Not later than one year after the date of the enactment of this Act, the Under Secretary of Defense for Acquisition and Sustainment shall provide to the appropriate congressional committees a report on the supply chain for covered unmanned aircraft systems, including a discussion of current and projected future demand for covered unmanned aircraft systems. (2) Elements The report under paragraph (1) shall include the following: (A) A description of the current and future global and domestic market for covered unmanned aircraft systems that are not widely commercially available except from a covered foreign entity. (B) A description of the sustainability, availability, cost, and quality of secure sources of covered unmanned aircraft systems domestically and from sources in allied and partner countries. (C) The plan of the Secretary of Defense to address any gaps or deficiencies identified in subparagraph (B), including through the use of funds available under the Defense Production Act of 1950 ( 50 U.S.C. 4501 et seq. (D) Such other information as the Under Secretary of Defense for Acquisition and Sustainment determines to be appropriate. (3) Appropriate congressional committees defined In this section the term appropriate congressional committees (A) The Committees on Armed Services of the Senate and the House of Representatives. (B) The Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Reform of the House of Representatives. (C) The Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science, Space, and Technology of the House of Representatives. (D) The Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives. (E) The Committee on Transportation and Infrastructure of the House of Representatives. (F) The Committee on Homeland Security of the House of Representatives. 1099C. Exceptions (a) Exception for wildfire management operations and search and rescue operations The appropriate Federal agencies, in consultation with the Secretary of Homeland Security, are exempt from the procurement and operation restrictions under sections 1093, 1094, and 1095 to the extent the procurement or operation is necessary for the purpose of supporting the full range of wildfire management operations or search and rescue operations. (b) Exception for intelligence activities The elements of the intelligence community, in consultation with the Director of National Intelligence, are exempt from the procurement and operation restrictions under sections 1093, 1094, and 1095 to the extent the procurement or operation is necessary for the purpose of supporting intelligence activities. (c) Exception for tribal law enforcement or emergency service agency Tribal law enforcement or Tribal emergency service agencies, in consultation with the Secretary of Homeland Security, are exempt from the procurement, operation, and purchase restrictions under sections 1093, 1094, and 1095 to the extent the procurement or operation is necessary for the purpose of supporting the full range of law enforcement operations or search and rescue operations on Indian lands. 1099D. Sunset Sections 1093, 1094, and 1095 shall cease to have effect on the date that is five years after the date of the enactment of this Act. I Radiation Exposure Compensation Act I Manhattan Project waste 1099AA. Claims relating to Manhattan Project waste (a) Short title This section may be cited as the Radiation Exposure Compensation Expansion Act (b) Claims relating to Manhattan Project waste The Radiation Exposure Compensation Act ( Public Law 101–426 42 U.S.C. 2210 5A. Claims relating to Manhattan Project waste (a) In general A claimant shall receive compensation for a claim made under this Act, as described in subsection (b) or (c), if— (1) a claim for compensation is filed with the Attorney General— (A) by an individual described in paragraph (2); or (B) on behalf of that individual by an authorized agent of that individual, if the individual is deceased or incapacitated, such as— (i) an executor of estate of that individual; or (ii) a legal guardian or conservator of that individual; (2) that individual, or if applicable, an authorized agent of that individual, demonstrates that the individual— (A) was physically present in an affected area for a period of at least 2 years after January 1, 1949; and (B) contracted a specified disease after such period of physical presence; (3) the Attorney General certifies that the identity of that individual, and if applicable, the authorized agent of that individual, is not fraudulent or otherwise misrepresented; and (4) the Attorney General determines that the claimant has satisfied the applicable requirements of this Act. (b) Losses available to living affected individuals (1) In general In the event of a claim qualifying for compensation under subsection (a) that is submitted to the Attorney General to be eligible for compensation under this section at a time when the individual described in subsection (a)(2) is living, the amount of compensation under this section shall be in an amount that is the greater of $50,000 or the total amount of compensation for which the individual is eligible under paragraph (2). (2) Losses due to medical expenses A claimant described in paragraph (1) shall be eligible to receive, upon submission of contemporaneous written medical records, reports, or billing statements created by or at the direction of a licensed medical professional who provided contemporaneous medical care to the claimant, additional compensation in the amount of all documented out-of-pocket medical expenses incurred as a result of the specified disease suffered by that claimant, such as any medical expenses not covered, paid for, or reimbursed through— (A) any public or private health insurance; (B) any employee health insurance; (C) any workers’ compensation program; or (D) any other public, private, or employee health program or benefit. (c) Payments to beneficiaries of deceased individuals In the event that an individual described in subsection (a)(2) who qualifies for compensation under subsection (a) is deceased at the time of submission of the claim— (1) a surviving spouse may, upon submission of a claim and records sufficient to satisfy the requirements of subsection (a) with respect to the deceased individual, receive compensation in the amount of $25,000; or (2) in the event that there is no surviving spouse, the surviving children, minor or otherwise, of the deceased individual may, upon submission of a claim and records sufficient to satisfy the requirements of subsection (a) with respect to the deceased individual, receive compensation in the total amount of $25,000, paid in equal shares to each surviving child. (d) Affected area For purposes of this section, the term affected area (e) Specified disease For purposes of this section, the term specified disease (1) Any leukemia, other than chronic lymphocytic leukemia, provided that the initial exposure occurred after the age of 20 and the onset of the disease was at least 2 years after first exposure. (2) Any of the following diseases, provided that the onset was at least 2 years after the initial exposure: (A) Multiple myeloma. (B) Lymphoma, other than Hodgkin’s disease. (C) Type 1 or type 2 diabetes. (D) Systemic lupus erythematosus. (E) Multiple sclerosis. (F) Hashimoto’s disease. (G) Primary cancer of the— (i) thyroid; (ii) male or female breast; (iii) esophagus; (iv) stomach; (v) pharynx; (vi) small intestine; (vii) pancreas; (viii) bile ducts; (ix) gall bladder; (x) salivary gland; (xi) urinary bladder; (xii) brain; (xiii) colon; (xiv) ovary; (xv) liver, except if cirrhosis or hepatitis B is indicated; (xvi) lung; (xvii) bone; or (xviii) kidney. (f) Physical presence For purposes of this section, the Attorney General shall not determine that a claimant has satisfied the requirements of subsection (a) unless demonstrated by submission of contemporaneous written residential documentation and at least one additional employer-issued or government-issued document or record that the claimant, for a period of at least 2 years after January 1, 1949, was physically present in an affected area. (g) Disease contraction in affected areas For purposes of this section, the Attorney General shall not determine that a claimant has satisfied the requirements of subsection (a) unless demonstrated by submission of contemporaneous written medical records or reports created by or at the direction of a licensed medical professional who provided contemporaneous medical care to the claimant, that the claimant, after such period of physical presence, contracted a specified disease. . II Compensation for workers involved in uranium mining 1099BB. Short title This part may be cited as the Radiation Exposure Compensation Act Amendments of 2023 1099CC. References Except as otherwise specifically provided, whenever in this part an amendment or repeal is expressed in terms of an amendment to or repeal of a section or other provision of law, the reference shall be considered to be made to a section or other provision of the Radiation Exposure Compensation Act ( Public Law 101–426 42 U.S.C. 2210 1099DD. Extension of fund Section 3(d) is amended— (1) by striking the first sentence and inserting The Fund shall terminate 19 years after the date of the enactment of the Radiation Exposure Compensation Act Amendments of 2023 (2) by striking 2-year 19-year 1099EE. Claims relating to atmospheric testing (a) Leukemia claims relating to Trinity Test in New Mexico and tests at the Nevada site and in the Pacific Section 4(a)(1)(A) is amended— (1) in clause (i)— (A) in subclause (I), by striking October 31, 1958 November 6, 1962 (B) in subclause (II)— (i) by striking in the affected area in an affected area (ii) by striking or (C) by redesignating subclause (III) as subclause (V); and (D) by inserting after subclause (II) the following: (III) was physically present in an affected area for a period of at least 1 year during the period beginning on September 24, 1944, and ending on November 6, 1962; (IV) was physically present in an affected area— (aa) for a period of at least 1 year during the period beginning on July 1, 1946, and ending on November 6, 1962; or (bb) for the period beginning on April 25, 1962, and ending on November 6, 1962; or ; and (2) in clause (ii)(I), by striking physical presence described in subclause (I) or (II) of clause (i) or onsite participation described in clause (i)(III) physical presence described in subclause (I), (II), (III), or (IV) of clause (i) or onsite participation described in clause (i)(V) (b) Amounts for claims related to leukemia Section 4(a)(1) is amended— (1) in subparagraph (A), by striking an amount the amount (2) by striking subparagraph (B) and inserting the following: (B) Amount If the conditions described in subparagraph (C) are met, an individual who is described in subparagraph (A) shall receive $150,000. . (c) Conditions for claims related to leukemia Section 4(a)(1)(C) is amended— (1) by striking clause (i); and (2) by redesignating clauses (ii) and (iii) as clauses (i) and (ii), respectively. (d) Specified diseases claims relating to Trinity Test in New Mexico and tests at the Nevada site and in the Pacific Section 4(a)(2) is amended— (1) in subparagraph (A)— (A) by striking in the affected area in an affected area (B) by striking 2 years 1 year (C) by striking October 31, 1958 November 6, 1962 (2) in subparagraph (B)— (A) by striking in the affected area in an affected area (B) by striking or (3) by redesignating subparagraph (C) as subparagraph (E); and (4) by inserting after subparagraph (B) the following: (C) was physically present in an affected area for a period of at least 1 year during the period beginning on September 24, 1944, and ending on November 6, 1962; (D) was physically present in an affected area— (i) for a period of at least 1 year during the period beginning on July 1, 1946, and ending on November 6, 1962; or (ii) for the period beginning on April 25, 1962, and ending on November 6, 1962; or . (e) Amounts for claims related to specified diseases Section 4(a)(2) is amended in the matter following subparagraph (E) (as redesignated by subsection (d) of this section) by striking $50,000 (in the case of an individual described in subparagraph (A) or (B)) or $75,000 (in the case of an individual described in subparagraph (C)), $150,000 (f) Medical Benefits Section 4(a) is amended by adding at the end the following: (5) Medical Benefits An individual receiving a payment under this section shall be eligible to receive medical benefits in the same manner and to the same extent as an individual eligible to receive medical benefits under section 3629 of the Energy Employees Occupational Illness Compensation Program Act of 2000 ( 42 U.S.C. 7384t . (g) Downwind States Section 4(b)(1) is amended to read as follows: (1) affected area (A) except as provided under subparagraphs (B) and (C), Arizona, Colorado, Idaho, Montana, Nevada, New Mexico, Utah, and Guam; (B) with respect to a claim by an individual under subsection (a)(1)(A)(i)(III) or subsection (a)(2)(C), only New Mexico; and (C) with respect to a claim by an individual under subsection (a)(1)(A)(i)(IV) or subsection (a)(2)(D), only Guam. . (h) Chronic lymphocytic leukemia as a specified disease Section 4(b)(2) is amended by striking other than chronic lymphocytic leukemia including chronic lymphocytic leukemia 1099FF. Claims relating to uranium mining (a) Employees of mines and mills Section 5(a)(1)(A)(i) is amended— (1) by inserting (I) (i) (2) by striking December 31, 1971; and December 31, 1990; or (3) by adding at the end the following: (II) was employed as a core driller in a State referred to in subclause (I) during the period described in such subclause; and . (b) Miners Section 5(a)(1)(A)(ii)(I) is amended by inserting or renal cancer or any other chronic renal disease, including nephritis and kidney tubal tissue injury nonmalignant respiratory disease (c) Millers, core drillers, and ore transporters Section 5(a)(1)(A)(ii)(II) is amended— (1) by inserting , core driller, was a miller (2) by inserting , or was involved in remediation efforts at such a uranium mine or uranium mill, ore transporter (3) by inserting (I) clause (i) (4) by striking all that follows nonmalignant respiratory disease or renal cancer or any other chronic renal disease, including nephritis and kidney tubal tissue injury; or (d) Combined work histories Section 5(a)(1)(A)(ii) is further amended— (1) by striking or (2) by adding at the end the following: (III) (aa) does not meet the conditions of subclause (I) or (II); (bb) worked, during the period described in clause (i)(I), in two or more of the following positions: miner, miller, core driller, and ore transporter; (cc) meets the requirements of paragraph (4) or (5), or both; and (dd) submits written medical documentation that the individual developed lung cancer or a nonmalignant respiratory disease or renal cancer or any other chronic renal disease, including nephritis and kidney tubal tissue injury after exposure to radiation through work in one or more of the positions referred to in item (bb); . (e) Dates of operation of uranium mine Section 5(a)(2)(A) is amended by striking December 31, 1971 December 31, 1990 (f) Special rules relating to combined work histories Section 5(a) is amended by adding at the end the following: (4) Special rule relating to combined work histories for individuals with at least one year of experience An individual meets the requirements of this paragraph if the individual worked in one or more of the positions referred to in paragraph (1)(A)(ii)(III)(bb) for a period of at least one year during the period described in paragraph (1)(A)(i)(I). (5) Special rule relating to combined work histories for miners An individual meets the requirements of this paragraph if the individual, during the period described in paragraph (1)(A)(i)(I), worked as a miner and was exposed to such number of working level months that the Attorney General determines, when combined with the exposure of such individual to radiation through work as a miller, core driller, or ore transporter during the period described in paragraph (1)(A)(i)(I), results in such individual being exposed to a total level of radiation that is greater or equal to the level of exposure of an individual described in paragraph (4) . (g) Definition of Core driller Section 5(b) is amended— (1) by striking and (2) by striking the period at the end of paragraph (8) and inserting ; and (3) by adding at the end the following: (9) the term core driller . 1099GG. Expansion of use of affidavits in determination of claims; regulations (a) Affidavits Section 6(b) is amended by adding at the end the following: (3) Affidavits (A) Employment History For purposes of this Act, the Attorney General shall accept a written affidavit or declaration as evidence to substantiate the employment history of an individual as a miner, miller, core driller, or ore transporter if the affidavit— (i) is provided in addition to other material that may be used to substantiate the employment history of the individual; (ii) attests to the employment history of the individual; (iii) is made subject to penalty for perjury; and (iv) is made by a person other than the individual filing the claim. (B) Physical Presence in Affected Area For purposes of this Act, the Attorney General shall accept a written affidavit or declaration as evidence to substantiate an individual’s physical presence in an affected area during a period described in section 4(a)(1)(A)(i) or section 4(a)(2) if the affidavit— (i) is provided in addition to other material that may be used to substantiate the individual’s presence in an affected area during that time period; (ii) attests to the individual’s presence in an affected area during that period; (iii) is made subject to penalty for perjury; and (iv) is made by a person other than the individual filing the claim. (C) Participation at Testing Site For purposes of this Act, the Attorney General shall accept a written affidavit or declaration as evidence to substantiate an individual’s participation onsite in a test involving the atmospheric detonation of a nuclear device if the affidavit— (i) is provided in addition to other material that may be used to substantiate the individual’s participation onsite in a test involving the atmospheric detonation of a nuclear device; (ii) attests to the individual’s participation onsite in a test involving the atmospheric detonation of a nuclear device; (iii) is made subject to penalty for perjury; and (iv) is made by a person other than the individual filing the claim. . (b) Technical and conforming amendments Section 6 (1) in subsection (b)(2)(C), by striking section 4(a)(2)(C) section 4(a)(2)(E) (2) in subsection (c)(2)— (A) in subparagraph (A)— (i) in the matter preceding clause (i), by striking subsection (a)(1), (a)(2)(A), or (a)(2)(B) of section 4 subsection (a)(1), (a)(2)(A), (a)(2)(B), (a)(2)(C), or (a)(2)(D) of section 4 (ii) in clause (i), by striking subsection (a)(1), (a)(2)(A), or (a)(2)(B) of section 4 subsection (a)(1), (a)(2)(A), (a)(2)(B), (a)(2)(C), or (a)(2)(D) of section 4 (B) in subparagraph (B), by striking section 4(a)(2)(C) section 4(a)(2)(E) (3) in subsection (e), by striking subsection (a)(1), (a)(2)(A), or (a)(2)(B) of section 4 subsection (a)(1), (a)(2)(A), (a)(2)(B), (a)(2)(C), or (a)(2)(D) of section 4 (c) Regulations (1) In general Section 6(k) Not later than 180 days after the date of enactment of the Radiation Exposure Compensation Act Amendments of 2023 (2) Considerations in revisions In issuing revised regulations under section 6(k) of the Radiation Exposure Compensation Act ( Public Law 101–426 42 U.S.C. 2210 1099HH. Limitation on claims (a) Extension of filing time Section 8(a) (1) by striking 2 years 19 years (2) by striking 2022 2023 (b) Resubmittal of claims Section 8(b) (b) Resubmittal of claims (1) Denied claims After the date of enactment of the Radiation Exposure Compensation Act Amendments of 2023 Radiation Exposure Compensation Act Amendments of 2023 (2) Previously successful claims (A) In general After the date of enactment of the Radiation Exposure Compensation Act Amendments of 2023 (i) the claimant’s name, social security number, and date of birth; (ii) the amount of award received under this Act before the date of enactment of the Radiation Exposure Compensation Act Amendments of 2023 (iii) any additional benefits and compensation sought through such request; and (iv) any additional information required by the Attorney General. (B) Additional Compensation If the claimant received compensation under this Act before the date of enactment of the Radiation Exposure Compensation Act Amendments of 2023 subparagraph (A) (i) pay the claimant the amount that is equal to any excess of— (I) the amount the claimant is eligible to receive under this Act (as amended by the Radiation Exposure Compensation Act Amendments of 2023 (II) the aggregate amount paid to the claimant under this Act before the date of enactment of the Radiation Exposure Compensation Act Amendments of 2023 (ii) in any case in which the claimant was compensated under section 4, provide the claimant with medical benefits under section 4(a)(5). . 1099II. Grant program on epidemiological impacts of uranium mining and milling (a) Definitions In this section— (1) the term institution of higher education 20 U.S.C. 1001 (2) the term program (3) the term Secretary (b) Establishment The Secretary shall establish a grant program relating to the epidemiological impacts of uranium mining and milling. Grants awarded under the program shall be used for the study of the epidemiological impacts of uranium mining and milling among non-occupationally exposed individuals, including family members of uranium miners and millers. (c) Administration The Secretary shall administer the program through the National Institute of Environmental Health Sciences. (d) Eligibility and application Any institution of higher education or nonprofit private entity shall be eligible to apply for a grant. To apply for a grant an eligible institution or entity shall submit to the Secretary an application at such time, in such manner, and containing or accompanied by such information as the Secretary may reasonably require. (e) Authorization of appropriations There are authorized to be appropriated to carry out this section $3,000,000 for each of fiscal years 2024 through 2026. 1099JJ. Energy Employees Occupational Illness Compensation Program (a) Covered employees with cancer Section 3621(9) of the Energy Employees Occupational Illness Compensation Program Act of 2000 ( 42 U.S.C. 7384l(9) (A) An individual with a specified cancer who is a member of the Special Exposure Cohort, if and only if— (i) that individual contracted that specified cancer after beginning employment at a Department of Energy facility (in the case of a Department of Energy employee or Department of Energy contractor employee) or at an atomic weapons employer facility (in the case of an atomic weapons employee); or (ii) that individual— (I) contracted that specified cancer after beginning employment in a uranium mine or uranium mill described under section 5(a)(1)(A)(i) of the Radiation Exposure Compensation Act ( 42 U.S.C. 2210 (II) was employed in a uranium mine or uranium mill described under subclause (I) (including any individual who was employed in core drilling or the transport of uranium ore or vanadium-uranium ore from such mine or mill) at any time during the period beginning on January 1, 1942, and ending on December 31, 1990. . (b) Members of Special Exposure Cohort Section 3626 of the Energy Employees Occupational Illness Compensation Program Act of 2000 ( 42 U.S.C. 7384q (1) in subsection (a), by striking paragraph (1) and inserting the following: (1) The Advisory Board on Radiation and Worker Health under section 3624 shall advise the President whether there is a class of employees— (A) at any Department of Energy facility who likely were exposed to radiation at that facility but for whom it is not feasible to estimate with sufficient accuracy the radiation dose they received; and (B) employed in a uranium mine or uranium mill described under section 5(a)(1)(A)(i) of the Radiation Exposure Compensation Act ( 42 U.S.C. 2210 ; and (2) by striking subsection (b) and inserting the following: (b) Designation of additional members (1) Subject to the provisions of section 3621(14)(C), the members of a class of employees at a Department of Energy facility, or at an atomic weapons employer facility, may be treated as members of the Special Exposure Cohort for purposes of the compensation program if the President, upon recommendation of the Advisory Board on Radiation and Worker Health, determines that— (A) it is not feasible to estimate with sufficient accuracy the radiation dose that the class received; and (B) there is a reasonable likelihood that such radiation dose may have endangered the health of members of the class. (2) Subject to the provisions of section 3621(14)(C), the members of a class of employees employed in a uranium mine or uranium mill described under section 5(a)(1)(A)(i) of the Radiation Exposure Compensation Act ( 42 U.S.C. 2210 (A) it is not feasible to estimate with sufficient accuracy the radiation dose that the class received; and (B) there is a reasonable likelihood that such radiation dose may have endangered the health of members of the class. . J Crypto assets 1099AAA. Crypto asset anti-money laundering examination standards Not later than 2 years after the date of enactment of this Act, the Secretary of the Treasury, in consultation with the Conference of State Bank Supervisors and Federal functional regulators, as defined in section 1010.100 of title 31, Code of Federal Regulations, shall establish a risk-focused examination and review process for financial institutions, as defined in that section, to assess the following relating to crypto assets, as determined by the Secretary: (1) The adequacy of reporting obligations and anti-money laundering programs under subsections (g) and (h) of section 5318 of title 31, United States Code, respectively as applied to those institutions. (2) Compliance of those institutions with anti-money laundering and countering the financing of terrorism requirements under subchapter II of chapter 53 1099BBB. Combating anonymous crypto asset transactions Not later than 1 year after the date of enactment of this Act, the Secretary of the Treasury shall submit a report and provide a briefing, as determined by the Secretary, to the Committee on Banking, Housing and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives that assess the following issues: (1) Categories of anonymity-enhancing technologies or services used in connection with crypto assets, such as mixers and tumblers, in use as of the date on which the report is submitted. (2) As data are available, estimates of the magnitude of transactions related to the categories in paragraph (1) that are believed to be connected, directly or indirectly, to illicit finance, including crypto asset transaction volumes associated with sanctioned entities and entities subject to special measures pursuant to section 5318A of title 31, United States Code, and a description of any limitations applicable to the data used in such estimates. (3) Categories of privacy-enhancing technologies or services used in connection with crypto assets in use as of the date on which the report is submitted. (4) Legislative and regulatory approaches employed by other jurisdictions relating to the technologies and services described in paragraphs (1) and (3). (5) Recommendations for legislation or regulation relating to the technologies and services described in paragraphs (1) and (3). K Combating Cartels on Social Media Act of 2023 1099AAAA. Short title This subtitle may be cited as the Combating Cartels on Social Media Act of 2023 1099BBBB. Definitions In this subtitle: (1) Appropriate congressional committees The term appropriate congressional committees (A) the Committee on Homeland Security and Governmental Affairs and the Committee on Foreign Relations of the Senate; and (B) the Committee on Homeland Security and the Committee on Foreign Affairs of the House of Representatives. (2) Covered operator The term covered operator (3) Covered service The term covered service (A) a social media platform; (B) a mobile or desktop service with direct or group messaging capabilities, but not including text messaging services without other substantial social functionalities or electronic mail services, that the Secretary of Homeland Security determines is being or has been used by transnational criminal organizations in connection with matters described in section 1093; and (C) a digital platform, or an electronic application utilizing the digital platform, involving real-time interactive communication between multiple individuals, including multi-player gaming services and immersive technology platforms or applications, that the Secretary of Homeland Security determines is being or has been used by transnational criminal organizations in connection with matters described in section 1093. (4) Criminal enterprise The term criminal enterprise continuing criminal enterprise 21 U.S.C. 848 (5) Illicit activities The term illicit activities (A) A violation of section 401 of the Controlled Substances Act ( 21 U.S.C. 841 (B) Narcotics trafficking, as defined in section 808 of the Foreign Narcotics Kingpin Designation Act ( 21 U.S.C. 1907 (C) Trafficking of weapons, as defined in section 922 of title 18, United States Code. (D) Migrant smuggling, defined as a violation of section 274(a)(1)(A)(ii) of the Immigration and Nationality Act ( 8 U.S.C. 1324(a)(1)(A)(ii) (E) Human trafficking, defined as— (i) a violation of section 1590, 1591, or 1592 of title 18, United States Code; or (ii) engaging in severe forms of trafficking in persons, as defined in section 103 of the Victims of Trafficking and Violence Protection Act of 2000 ( 22 U.S.C. 7102 (F) Cyber crime, defined as a violation of section 1030 of title 18, United States Code. (G) A violation of any provision that is subject to intellectual property enforcement, as defined in section 302 of the Prioritizing Resources and Organization for Intellectual Property Act of 2008 ( 15 U.S.C. 8112 (H) Bulk cash smuggling of currency, defined as a violation of section 5332 of title 31, United States Code. (I) Laundering the proceeds of the criminal activities described in subparagraphs (A) through (H). (6) Transnational criminal organization The term transnational criminal organization 1099CCCC. Assessment of illicit usage Not later than 180 days after the date of enactment of this Act, the Secretary of Homeland Security and the Secretary of State shall submit to the appropriate congressional committees a joint assessment describing— (1) the use of covered services by transnational criminal organizations, or criminal enterprises acting on behalf of transnational criminal organizations, to engage in recruitment efforts, including the recruitment of individuals, including individuals under the age of 18, located in the United States to engage in or provide support with respect to illicit activities occurring in the United States, Mexico, or otherwise in proximity to an international boundary of the United States; (2) the use of covered services by transnational criminal organizations to engage in illicit activities or conduct in support of illicit activities, including— (A) smuggling or trafficking involving narcotics, other controlled substances, precursors thereof, or other items prohibited under the laws of the United States, Mexico, or another relevant jurisdiction, including firearms; (B) human smuggling or trafficking, including the exploitation of children; and (C) transportation of bulk currency or monetary instruments in furtherance of smuggling activity; and (3) the existing efforts of the Secretary of Homeland Security, the Secretary of State, and relevant government and law enforcement entities to counter, monitor, or otherwise respond to the usage of covered services described in paragraphs (1) and (2). 1099DDDD. Strategy to combat cartel recruitment on social media and online platforms (a) In general Not later than 1 year after the date of enactment of this Act, the Secretary of Homeland Security and the Secretary of State shall submit to the appropriate congressional committees a joint strategy, to be known as the National Strategy to Combat Illicit Recruitment Activity by Transnational Criminal Organizations on Social Media and Online Platforms, to combat the use of covered services by transnational criminal organizations, or criminal enterprises acting on behalf of transnational criminal organizations, to recruit individuals located in the United States to engage in or provide support with respect to illicit activities occurring in the United States, Mexico, or otherwise in proximity to an international boundary of the United States. (b) Elements (1) In general The strategy required under subsection (a) shall, at a minimum, include the following: (A) A proposal to improve cooperation and thereafter maintain cooperation between the Secretary of Homeland Security, the Secretary of State, and relevant law enforcement entities with respect to the matters described in subsection (a). (B) Recommendations to implement a process for the voluntary reporting of information regarding the recruitment efforts of transnational criminal organizations in the United States involving covered services. (C) A proposal to improve intragovernmental coordination with respect to the matters described in subsection (a), including between the Department of Homeland Security, the Department of State, and State, Tribal, and local governments. (D) A proposal to improve coordination within the Department of Homeland Security and the Department of State and between the components of those Departments with respect to the matters described in subsection (a). (E) Activities to facilitate increased intelligence analysis for law enforcement purposes of efforts of transnational criminal organizations to utilize covered services for recruitment to engage in or provide support with respect to illicit activities. (F) Activities to foster international partnerships and enhance collaboration with foreign governments and, as applicable, multilateral institutions with respect to the matters described in subsection (a). (G) Activities to specifically increase engagement and outreach with youth in border communities, including regarding the recruitment tactics of transnational criminal organizations and the consequences of participation in illicit activities. (H) A detailed description of the measures used to ensure— (i) law enforcement and intelligence activities focus on the recruitment activities of transitional criminal organizations not individuals the transnational criminal organizations attempt to or successfully recruit; and (ii) the privacy rights, civil rights, and civil liberties protections in carrying out the activities described in clause (i), with a particular focus on the protections in place to protect minors and constitutionally protected activities. (2) Limitation The strategy required under subsection (a) shall not include legislative recommendations or elements predicated on the passage of legislation that is not enacted as of the date on which the strategy is submitted under subsection (a). (c) Consultation In drafting and implementing the strategy required under subsection (a), the Secretary of Homeland Security and the Secretary of State shall, at a minimum, consult and engage with— (1) the heads of relevant components of the Department of Homeland Security, including— (A) the Under Secretary for Intelligence and Analysis; (B) the Under Secretary for Strategy, Policy, and Plans; (C) the Under Secretary for Science and Technology; (D) the Commissioner of U.S. Customs and Border Protection; (E) the Director of U.S. Immigration and Customs Enforcement; (F) the Officer for Civil Rights and Civil Liberties; (G) the Privacy Officer; and (H) the Assistant Secretary of the Office for State and Local Law Enforcement; (2) the heads of relevant components of the Department of State, including— (A) the Assistant Secretary for International Narcotics and Law Enforcement Affairs; (B) the Assistant Secretary for Western Hemisphere Affairs; and (C) the Coordinator of the Global Engagement Center; (3) the Attorney General; (4) the Secretary of Health and Human Services; and (5) the Secretary of Education; and (6) as selected by the Secretary of Homeland Security, or his or her designee in the Office of Public Engagement, representatives of border communities, including representatives of— (A) State, Tribal, and local governments, including school districts and local law enforcement; and (B) nongovernmental experts in the fields of— (i) civil rights and civil liberties; (ii) online privacy; (iii) humanitarian assistance for migrants; and (iv) youth outreach and rehabilitation. (d) Implementation (1) In general Not later than 90 days after the date on which the strategy required under subsection (a) is submitted to the appropriate congressional committees, the Secretary of Homeland Security and the Secretary of State shall commence implementation of the strategy. (2) Report (A) In general Not later than 180 days after the date on which the strategy required under subsection (a) is implemented under paragraph (1), and semiannually thereafter for 5 years, the Secretary of Homeland Security and the Secretary of State shall submit to the appropriate congressional committees a joint report describing the efforts of the Secretary of Homeland Security and the Secretary of State to implement the strategy required under subsection (a) and the progress of those efforts, which shall include a description of— (i) the recommendations, and corresponding implementation of those recommendations, with respect to the matters described in subsection (b)(1)(B); (ii) the interagency posture with respect to the matters covered by the strategy required under subsection (a), which shall include a description of collaboration between the Secretary of Homeland Security, the Secretary of State, other Federal entities, State, local, and Tribal entities, and foreign governments; and (iii) the threat landscape, including new developments related to the United States recruitment efforts of transnational criminal organizations and the use by those organizations of new or emergent covered services and recruitment methods. (B) Form Each report required under subparagraph (A) shall be submitted in unclassified form, but may contain a classified annex. (3) Civil rights, civil liberties, and privacy assessment Not later than 2 years after the date on which the strategy required under subsection (a) is implemented under paragraph (1), the Office for Civil Rights and Civil Liberties and the Privacy Office of the Department of Homeland Security shall submit to the appropriate congressional committees a joint report that includes— (A) a detailed assessment of the measures used to ensure the protection of civil rights, civil liberties, and privacy rights in carrying out this section; and (B) recommendations to improve the implementation of the strategy required under subsection (a). (4) Rulemaking Prior to implementation of the strategy required under subsection (a) at the Department of Homeland Security, the Secretary of Homeland Security shall issue rules to carry out this section in accordance with section 553 of title 5, United States Code. 1099EEEE. Rule of construction Nothing in this subtitle shall be construed to expand the statutory law enforcement or regulatory authority of the Department of Homeland Security or the Department of State. 1099FFFF. No additional funds No additional funds are authorized to be appropriated for the purpose of carrying out this subtitle. XI Connecting Oceania’s Nations with Vanguard Exercises and National Empowerment 1101. Short title; table of contents (a) Short title This title may be cited as the Connecting Oceania’s Nations with Vanguard Exercises and National Empowerment CONVENE Act of 2023 (b) Table of contents The table of contents for this title is as follows: TITLE XI—Connecting Oceania’s Nations with Vanguard Exercises and National Empowerment Sec. 1101. Short title; table of contents. Sec. 1102. Definitions. Sec. 1103. National security councils of specified countries. 1102. Definitions In this title: (1) Appropriate committees of Congress The term appropriate committees of Congress (A) the Committee on Foreign Relations and the Committee on Armed Services of the Senate; and (B) the Committees on Foreign Affairs and the Committee on Armed Services of the House of Representatives. (2) Congressional defense committees The term congressional defense committees (3) National security council The term national security council (4) Specified country The term specified country (A) the Federated States of Micronesia; (B) the Republic of the Marshall Islands; and (C) the Republic of Palau. 1103. National security councils of specified countries (a) In general The Secretary of State, in consultation with other relevant Federal departments and agencies, as appropriate, may consult and engage with each specified country to advise and provide assistance to a national security council (including by developing a national security council, if appropriate), or to identify a similar coordinating body for national security matters, comprised of citizens of the specified country— (1) that enables the specified country— (A) to better coordinate with the United States Government, including the Armed Forces, as appropriate; (B) to increase cohesion on activities, including emergency humanitarian response, law enforcement, and maritime security activities; and (C) to provide trained professionals to serve as members of the committees of the specified country established under the applicable Compact of Free Association; and (2) for the purpose of enhancing resilience capabilities and protecting the people, infrastructure, and territory of the specified country from malign actions. (b) Composition The Secretary of State, respecting the unique needs of each specified country, may seek to ensure that the national security council, or other identified coordinating body, of the specified country is composed of sufficient staff and members to enable the activities described in subsection (f). (c) Access to sensitive information The Secretary of State, with the concurrence of the Director of National Intelligence, may establish, as appropriate, for use by the members and staff of the national security council, or other identified coordinating body, of each specified country standards and a process for vetting and sharing sensitive information. (d) Standards for equipment and services The Secretary of State may work with the national security council, or other identified coordinating body, of each specified country to ensure that— (1) the equipment and services used by the national security council or other identified coordinating body are compliant with security standards so as to minimize the risk of cyberattacks or espionage; (2) the national security council or other identified coordinating body takes all reasonable efforts not to procure or use systems, equipment, or software that originates from any entity identified under 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 (3) to the extent practicable, the equipment and services used by the national security council or other identified coordinating body are interoperable with the equipment and services used by the national security councils, or other identified coordinating bodies, of the other specified countries. (e) Report on implementation (1) In general Not later than 180 days after the date of the enactment of this Act, and annually thereafter for two years, the Secretary of State shall submit to the appropriate committees of Congress a report that includes— (A) an assessment as to whether a national security council or a similar formal coordinating body is helping or would help achieve the objectives described in subsection (a) at acceptable financial and opportunity cost; (B) a description of all actions taken by the United States Government to assist in the identification or maintenance of a national security council, or other identified coordinating body, in each specified country; (C) with respect to each specified country, an assessment as to whether— (i) the specified country has appropriately staffed its national security council or other identified coordinating body; and (ii) the extent to which the national security council, or other identified coordinating body, of the specified country is capable of carrying out the activities described in subsection (f); (D) an assessment of— (i) any challenge to cooperation and coordination with the national security council, or other identified coordinating body, of any specified country; (ii) current efforts by the Secretary of State to coordinate with the specified countries on the activities described in subsection (f); and (iii) existing governmental entities within each specified country that are capable of supporting such activities; (E) a description of any challenge with respect to— (i) the implementation of the national security council, or other identified coordinating body, of any specified country; and (ii) the implementation of subsections (a) through (d); (F) an assessment of any attempt or campaign by a malign actor to influence the political, security, or economic policy of a specified country, a member of a national security council or other identified coordinating body, or an immediate family member of such a member; and (G) any other matter the Secretary of State considers relevant. (2) Form Each report required by paragraph (1) may be submitted in unclassified form and may include a classified annex. (f) Activities described The activities described in this subsection are the following: (1) Homeland security activities (A) Coordination of— (i) the prosecution and investigation of transnational criminal enterprises; (ii) responses to national emergencies, such as natural disasters; (iii) counterintelligence and counter-coercion responses to foreign threats; and (iv) efforts to combat illegal, unreported, or unregulated fishing. (B) Coordination with United States Government officials on humanitarian response, military exercises, law enforcement, and other issues of security concern. (C) Identification and development of an existing governmental entity to support homeland defense and civil support activities. XII Civilian personnel matters 1201. One-year extension of authority to waive annual limitation on premium pay and aggregate limitation on pay for Federal civilian employees working overseas Subsection (a) of section 1101 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 ( Public Law 110–417 Public Law 117–263 through 2023 through 2024 1202. 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 Public Law 110–417 Public Law 117–263 2024 2025 1203. Exclusion of positions in nonappropriated fund instrumentalities from limitations on dual pay Section 5531(2) of title 5, United States Code, is amended by striking Government corporation and Government corporation, but excluding 1204. Exception to limitation on number of Senior Executive Service positions for the Department of Defense Section 1109(a) of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 5 U.S.C. 3133 (3) Exception The limitation under this subsection shall not apply to positions described in this subsection that are fully funded through amounts appropriated to an agency other than the Department of Defense. . 1205. Removal of Washington Headquarters Services direct support from personnel limitation on the Office of the Secretary of Defense Section 143(b) of title 10, United States Code, is amended by striking “(including Direct Support Activities of that Office and the Washington Headquarters Services of the Department of Defense)”. 1206. Consolidation of direct hire authorities for candidates with specified degrees at science and technology reinvention laboratories Section 4091 of title 10, United States Code, is amended— (1) in subsection (a)(1), by striking bachelor’s degree bachelor’s or advanced degree (2) in subsection (c)— (A) in the subsection heading, by striking calendar year fiscal year (B) in the matter preceding paragraph (1), by striking calendar year fiscal year (C) in paragraph (1), by striking 6 percent 11 percent (D) in paragraphs (1), (2), and (3), by striking the fiscal year last ending before the start of such calendar year the preceding fiscal year (3) by striking subsection (f); and (4) by redesignating subsection (g) as subsection (f). 1207. Expansion and extension of direct hire authority for certain personnel of the Department of Defense Section 9905 of title 5, United States Code, is amended— (1) in subsection (a), by adding at the end the following new paragraphs: (12) Any position in support of aircraft operations for which the Secretary determines there is a critical hiring need and shortage of candidates. (13) Any position in support of the safety of the public, law enforcement, or first response for which the Secretary determines there is a critical hiring need and shortage of candidates. (14) Any position in support of the Office of the Inspector General of the Department relating to oversight of the conflict in Ukraine for which the Secretary determines there is a critical hiring need and shortage of candidates. ; and (2) in subsection (b)(1), by striking September 30, 2025 September 30, 2030 1208. Extension of direct hire authority for the Department of Defense for post-secondary students and recent graduates Section 1106(d) of the National Defense Authorization Act for Fiscal Year 2017 ( 10 U.S.C. 1580 September 30, 2025 September 30, 2030 1209. Extension of direct hire authority for domestic industrial base facilities and Major Range and Test Facilities Base Section 1125(a) of the National Defense Authorization Act for Fiscal Year 2017 ( 10 U.S.C. 1580 Public Law 114–328 through 2025, through 2028, 1210. Authority to employ civilian faculty members at Space Force schools (a) In general Section 9371 of title 10, United States Code, is amended— (1) in the section heading, by inserting and Space Delta 13 Air University (2) in subsection (a), by inserting or of the Space Delta 13 Air University (3) in subsection (c)— (A) in paragraphs (1), by inserting or of the Space Delta 13 Air University (B) in paragraph (2), by inserting or of the Space Delta 13 Air University (b) Clerical amendment The table of sections at the beginning of chapter 947 of such title is amended by striking the item relating to section 9371 and inserting the following new item: 9371. Air University and Space Delta 13: civilian faculty members. . 1211. Report and sunset relating to inapplicability of certification of executive qualifications by qualification review boards of Office of Personnel Management Section 1109 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( 5 U.S.C. 3393 (1) in subsection (d)— (A) in paragraph (1), in the matter preceding subparagraph (A), by striking paragraph (3) paragraph (4) (B) in paragraph (2), in the matter preceding subparagraph (A), by striking paragraph (3) paragraph (4) (C) by redesignating paragraph (3) as paragraph (4); and (D) by inserting after paragraph (2) the following new paragraph (3): (3) Additional report Not later than December 1, 2024, the Secretary shall submit to the committees of Congress specified in paragraph (4) and the Comptroller General of the United States a report on the use of the authority provided in this section. The report shall include the following: (A) The number and type of appointments made under this section between August 13, 2018, and the date of the report. (B) Data on and an assessment of whether appointments under the authority in this section reduced the time to hire when compared with the time to hire under the review system of the Office of Personnel Management in use as of the date of the report. (C) An assessment of the utility of the appointment authority and process under this section. (D) An assessment of whether the appointments made under this section resulted in higher quality new executives for the Senior Executive Service of the Department when compared with the executives produced in the Department under the review system in use between August 13, 2013, and August 13, 2018. (E) Any recommendation for the improvement of the selection and qualification process for the Senior Executive Service of the Department that the Secretary considers necessary in order to attract and hire highly qualified candidates for service in that Senior Executive Service. ; and (2) in subsection (e), by striking August 13, 2023 September 30, 2025 1212. Extension of date of first employment for acquisition of competitive status for employees of Inspectors General for overseas contingency operations Section 419(d)(5)(B) of title 5, United States Code, is amended by striking 2 years 5 years 1213. Expansion of noncompetitive appointment eligibility to spouses of Department of Defense civilians (a) In general Section 3330d of title 5, United States Code, is amended— (1) in the section heading, by inserting and Department of Defense civilian military (2) in subsection (a), by adding at the end the following: (4) The term spouse of an employee of the Department of Defense ; and (3) in subsection (b)— (A) in paragraph (1), by striking or (B) in paragraph (2), by striking the period at the end and inserting ; or (C) by adding at the end the following: (3) a spouse of an employee of the Department of Defense. . (b) Technical and conforming amendment The table of sections for subchapter I of chapter 33 3330d. Appointment of military and Department of Defense civilian spouses. . (c) OPM limitation and reports (1) Relocating spouses With respect to the noncompetitive appointment of a relocating spouse of an employee of the Department of Defense under paragraph (3) of section 3330d(b) of title 5, United States Code, as added by subsection (a), the Director of the Office of Personnel Management shall— (A) monitor the number of those appointments; (B) require the head of each agency with the authority to make those appointments under that provision to submit to the Director an annual report on those appointments, including information on the number of individuals so appointed, the types of positions filled, and the effectiveness of the authority for those appointments; and (C) not later than 18 months after the date of enactment of this Act, submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Accountability of the House of Representatives a report on the use and effectiveness of the authority described in subparagraph (B). (2) Non-relocating spouses With respect to the noncompetitive appointment of a spouse of an employee of the Department of Defense other than a relocating spouse described in paragraph (1), the Director of the Office of Personnel Management— (A) shall treat the spouse as a relocating spouse under paragraph (1); and (B) may limit the number of those appointments. (d) Sunset Effective on December 31, 2028— (1) the authority provided by this section, and the amendments made by this section, shall expire; and (2) the provisions of section 3330d of title 5, United States Code, amended or repealed by this section are restored or revived as if this section had not been enacted. 1214. Elimination of Government Accountability Office review requirement relating to Department of Defense personnel authorities Section 9902(h) of title 5, United States Code, is amended— (1) in paragraph (1)(B), by striking and the Comptroller General, (2) by striking paragraph (2); and (3) by redesignating paragraph (3) as paragraph (2). 1215. Amendments to the John S. McCain Strategic Defense Fellows Program (a) Selection of participants Subsection (d)(2) of section 932 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( 10 U.S.C. 1580 Public Law 115–232 (2) Geographical representation Out of the total number of individuals selected to participate in the fellows program in any year, not more than 20 percent may be from any of the following geographic regions: (A) The Northeast United States. (B) The Southeast United States. (C) The Midwest United States. (D) The Southwest United States. (E) The Western United States. (F) Alaska, Hawaii, United States territories, and areas outside the United States. . (b) Appointment and career development Such section is further amended— (1) in subsection (d)(3)— (A) by striking assigned appointed (B) by striking assignment appointment (2) by amending subsections (e) and (f) to read as follows: (e) Appointment during participation in fellows program (1) In general The Secretary of Defense shall appoint each individual who participates in the fellows program to an excepted service position in an element of the Department. (2) Placement opportunities Each year, the head of each element of the Department shall submit to the Secretary an identification of placement opportunities for participants in the fellows program. Such placement opportunities shall provide for leadership development and potential commencement of a career track toward a position of senior leadership in the Department. (3) Qualification requirements The Secretary, in coordination with the heads of elements of the Department, shall establish qualification requirements for the appointment of participants under paragraph (1). (4) Matching qualifications, skills, and requirements In making appointments under paragraph (1), the Secretary shall seek to best match the qualifications and skills of the participants with the requirements for positions available for appointment. (5) Term The term of each appointment under the fellows program shall be one year, but the Secretary may extend a term of appointment up to one additional year. (6) Grade The Secretary shall appoint an individual under paragraph (1) to a position at the level of GS–10, GS–11, or GS–12 of the General Schedule based on the directly related qualifications, skills, and professional experience of the individual. (7) Education loan repayment To the extent that funds are provided in advance in appropriations Acts, the Secretary may repay a loan of a participant in the fellows program if the loan is described by subparagraph (A), (B), or (C) of section 16301(a)(1) of title 10, United States Code. Any repayment of a loan under this paragraph may require a minimum service agreement, as determined by the Secretary. (8) Element of the Department defined In this subsection, the term element of the Department (f) Career development (1) In general The Secretary of Defense shall ensure that participants in the fellows program— (A) receive career development opportunities and support appropriate for the commencement of a career track within the Department leading toward a future position of senior leadership within the Department, including ongoing mentorship support through appropriate personnel from entities within the Department; and (B) are provided appropriate employment opportunities for excepted service positions in the Department upon successful completion of the fellows program. (2) Publication of selection The Secretary shall publish, on an internet website of the Department available to the public, the names of the individuals selected to participate in the fellows program. . 1216. Civilian Cybersecurity Reserve pilot project (a) Definition In this section, the term temporary position (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 United States Cyber Command to effectively— (A) preempt, defeat, deter, or respond to malicious cyber activity; (B) conduct cyberspace operations; (C) secure information and systems of the Department of Defense against malicious cyber activity; and (D) assist in solving cyber workforce-related challenges. (3) Hiring authority In carrying out this section, 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. (4) 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 this section, provided that such regulations shall include, at a minimum, those rights and obligations set forth under chapter 43 (5) 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 this section, 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 this section for any topic or product that would create a conflict of interest; and (B) require each individual appointed under this section 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) Implementation plan (1) In general Not later than 180 days after the date on which the Secretary of Defense submits to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives the report required under section 1540(d)(2) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 ( Public Law 117–263 (A) submit to the congressional defense committees an implementation plan for the pilot project required under subsection (b)(1); and (B) provide to the congressional defense committees a briefing on the implementation plan. (2) Prohibition The Secretary of the Army 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 (1). (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 on which the guidance required under subsection (f) is issued, 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 congressional defense 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; 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 congressional defense 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. XIII Matters relating to foreign nations A Assistance and training 1301. Middle East integrated maritime domain awareness and interdiction capability (a) In general The Secretary of Defense, using existing authorities, shall seek to build upon the incorporation of Israel into the area of responsibility of the United States Central Command to develop a Middle East integrated maritime domain awareness and interdiction capability for the purpose of protecting the people, infrastructure, and territory of such countries from— (1) manned and unmanned naval systems, undersea warfare capabilities, and anti-ship missiles of Iran and groups affiliated with Iran; and (2) violent extremist organizations, criminal networks, and piracy activities that threaten lawful commerce in the waterways within the area of responsibility of the United States Naval Forces Central Command. (b) Strategy (1) In general Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Secretary of State, shall submit to the appropriate committees of Congress a strategy for the cooperation described in subsection (a). (2) Matters to be included The strategy required by paragraph (1) shall include the following: (A) An assessment of the threats posed to ally or partner countries in the Middle East by— (i) manned and unmanned naval systems, undersea warfare capabilities, and anti-ship missiles of Iran and groups affiliated with Iran; and (ii) violent extremist organizations, criminal networks, and piracy activities that threaten lawful commerce in the waterways within the area of responsibility of the United States Naval Forces Central Command. (B) A description of existing multilateral maritime partnerships currently led by the United States Naval Forces Central Command, including the Combined Maritime Forces (including its associated Task Forces 150, 151, 152, and 153), the International Maritime Security Construct, and the Navy's Task Force 59, and a discussion of the role of such partnerships in building an integrated maritime security capability. (C) A description of progress made in advancing the integration of Israel into the existing multilateral maritime partnerships described in subparagraph (B). (D) A description of efforts among countries in the Middle East to coordinate intelligence, reconnaissance, and surveillance capabilities and indicators and warnings with respect to the threats described in subparagraph (A), and a description of any impediment to optimizing such efforts. (E) A description of the current Department of Defense systems that, in coordination with ally and partner countries in the Middle East— (i) provide awareness of and defend against such threats; and (ii) address current capability gaps. (F) An explanation of the manner in which an integrated maritime domain awareness and interdiction architecture would improve collective security in the Middle East. (G) A description of existing and planned efforts to engage ally and partner countries in the Middle East in establishing such an architecture. (H) An identification of the elements of such an architecture that may be acquired and operated by ally and partner countries in the Middle East, and a list of such elements for each such ally and partner. (I) An identification of the elements of such an architecture that may only be provided and operated by members of the United States Armed Forces. (J) An identification of any challenge to optimizing such an architecture in the Middle East. (K) An assessment of progress and key challenges in the implementation of the strategy required by paragraph (1) using the metrics identified in accordance with paragraph (3). (L) Recommendations for improvements in the implementation of such strategy based on such metrics. (M) An assessment of any capabilities or lessons from the Navy’s Task Force 59 that may be leveraged to support an integrated maritime domain awareness and interdiction capability in the Middle East. (N) Any other matter the Secretary of Defense considers relevant. (3) Metrics The Secretary of Defense shall identify metrics to assess progress in the implementation of the strategy required by paragraph (1). (4) Format The strategy required by paragraph (1) shall be submitted in unclassified form but may include a classified annex. (c) Feasibility study (1) In general The Secretary of Defense shall conduct a study on the feasibility and advisability of establishing an integrated maritime domain awareness and interdiction capability to protect the people, infrastructure, and territory of ally and partner countries in the Middle East from— (A) manned and unmanned naval systems, undersea warfare capabilities, and anti-ship missiles of Iran and groups affiliated with Iran; and (B) violent extremist organizations, criminal networks, and piracy activities that threaten lawful commerce in the waterways of the Middle East. (2) Elements The study required by paragraph (1) shall include— (A) an assessment of funds that could be contributed by ally and partner countries of the United States; and (B) a cost estimate of establishing such an integrated maritime domain awareness and interdiction capability. (3) Report Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the appropriate committees of Congress a report on the results of the study conducted under paragraph (1). (d) Protection of sensitive information Any activity carried out under this section shall be conducted in a manner that appropriately protects sensitive information and the national security interests of the United States. (e) Appropriate committees of Congress defined In this section, the term appropriate committees of Congress (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. 1302. Authority to provide mission training through distributed simulation (a) Authority for training and distribution To enhance the interoperability and integration between the United States Armed Forces and the military forces of friendly foreign countries, the Secretary of Defense, with the concurrence of the Secretary of State, is authorized— (1) to provide to military personnel of a friendly foreign government persistent advanced networked training and exercise activities (in this section referred to as mission training through distributed simulation (2) to provide information technology, including hardware and computer software developed for mission training through distributed simulation activities. (b) Scope of mission training Mission training through distributed simulation provided under subsection (a) may include advanced distributed network training events and computer-assisted exercises. (c) Applicability of export control authorities The provision of mission training through distributed simulation and information technology under this section shall be subject to the Arms Export Control Act ( 22 U.S.C. 2751 et seq. (d) Guidance on use of authority Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall develop and issue guidance on the procedures for the use of the authority provided in this section. (e) Report (1) In general Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the appropriate committees of Congress a report on the use of mission training through distributed simulation by military personnel of friendly foreign countries. (2) Elements The report required by paragraph (1) shall include the following: (A) A description of ongoing mission training through distributed simulation activities between the United States Armed Forces and the military forces of friendly foreign countries. (B) A description of the current capabilities of the military forces of friendly foreign countries to support mission training through distributed simulation activities with the United States Armed Forces. (C) A description of the manner in which the Department intends to use mission training through distributed simulation activities to support implementation of the National Defense Strategy, including in areas of responsibility of the United States European Command and the United States Indo-Pacific Command. (D) Any recommendation of the Secretary of Defense for legislative proposals or policy guidance regarding the use of mission training through distributed simulation activities. (3) Appropriate committees of Congress defined In this subsection, the term appropriate committees of Congress (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. (f) Sunset The authority provided in this section shall terminate on December 31, 2025. 1303. Increase in small-scale construction limit and modification of authority to build capacity (a) Definition of small-scale construction Section 301(8) of title 10, United States Code, is amended by striking $1,500,000 $2,000,000 (b) Modification of authority to build capacity (1) In general Subsection (a) of section 333 of title 10, United States Code, is amended— (A) in paragraph (3), by inserting or other counter-illicit trafficking operations (B) by adding at the end the following new paragraph: (10) Foreign internal defense operations. . (2) Increase in threshold for small-scale construction projects requiring additional documentation Subsection (e)(8) of such section is amended by striking $750,000 $1,000,000 (3) Equipment disposition Such section is further amended by adding at the end the following new subsection: (h) Equipment disposition The Secretary of Defense may treat as stocks of the Department of Defense— (1) equipment procured to carry out a program pursuant to subsection (a) that has not yet been transferred to a foreign country and is no longer needed to support such program or any other program carried out pursuant to such subsection; and (2) equipment that has been transferred to a foreign country to carry out a program pursuant to subsection (a) and is returned by the foreign country to the United States. . (4) International agreements Such section is further amended by adding at the end the following new subsection: (i) International agreements (1) In general The Secretary of Defense, with the concurrence of the Secretary of State, may— (A) allow a foreign country to provide sole-source direction for assistance in support of a program carried out pursuant to subsection (a); and (B) enter into an agreement with a foreign country to provide such sole-source direction. (2) Notification Not later than 72 hours after the Secretary of Defense enters into an agreement under paragraph (1), the Secretary shall submit to the congressional defense committees a written notification that includes the following: (A) A description of the parameters of the agreement, including types of support, objectives, and duration of support and cooperation under the agreement. (B) A description and justification of any anticipated use of sole-source direction pursuant to such agreement. (C) A determination as to whether the anticipated costs to incurred under the agreement are fair and reasonable. (D) A certification that the agreement is in the national security interests of the United States. (E) Any other matter relating to the agreement, as determined by the Secretary of Defense. . (5) Foreign internal defense defined Such section is further amended by adding at the end of the following new subsection: (j) Foreign internal defense defined In this section, the term foreign internal defense Joint Publication 3–22 Foreign Internal Defense . 1304. Extension of legal institutional capacity building initiative for foreign defense institutions Section 1210(e) of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 December 31, 2024 December 31, 2028 1305. 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 beginning on October 1, 2022, and ending on December 31, 2023 beginning on October 1, 2023, and ending on December 31, 2024 (b) Modification to limitation Subsection (d)(1) of such section is amended— (1) by striking beginning on October 1, 2022, and ending on December 31, 2023 beginning on October 1, 2023, and ending on December 31, 2024 (2) by striking $30,000,000 $15,000,000 1306. Extension of authority for Department of Defense support for stabilization activities in national security interest of the United States Section 1210A(h) of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 December 31, 2023 December 31, 2025 1307. Extension of cross servicing agreements for loan of personnel protection and personnel survivability equipment in coalition operations Section 1207(f) of the Carl Levin and Howard P. Buck Public Law 113–291 10 U.S.C. 2342 December 31, 2024 December 31, 2029 1308. Limitation on availability of funds for International Security Cooperation Program Of the funds authorized to be appropriated by this Act for fiscal year 2024 for operation and maintenance, Defense-wide, and available for the Defense Security Cooperation Agency for the International Security Cooperation Program, not more than 75 percent may be obligated or expended until the Secretary of Defense submits the security cooperation strategy for each covered combatant command required by section 1206 of the National Defense Authorization Act for Fiscal Year 2022 ( Public Law 117–81 1309. Modification of Department of Defense security cooperation workforce development Section 384 of title 10, United States Code, is amended— (1) in subsection (d)— (A) by striking The Program (1) In general The Program ; and (B) by adding at the end the following new paragraphs: (2) Managing entity (A) Designation The Secretary of Defense, acting through the Under Secretary of Defense for Policy and the Director of the Defense Security Cooperation Agency, shall designate an entity within the Department of Defense to serve as the lead entity for managing the implementation of the Program. (B) Duties The entity designated under subparagraph (A) shall carry out the management and implementation of the Program, consistent with objectives formulated by the Secretary of Defense, which shall include the following: (i) Providing for comprehensive tracking of and accounting for all Department of Defense employees engaged in the security cooperation enterprise. (ii) Providing training requirements specified at the requisite proficiency levels for each position. (C) Reporting The Secretary of Defense shall ensure that, not less frequently than annually, each military department, combatant command, defense agency, and any other entity involved in managing the security cooperation workforce submits to the entity designated under subparagraph (A) a report containing information necessary for the management and career development of the security cooperation workforce, as determined by the Director of the Defense Security Cooperation Agency. (3) Security cooperation workforce management information system The Secretary of Defense, acting through the Director of the Defense Security Cooperation Agency, shall prescribe regulations to ensure that each military department, combatant command, and defense agency provides standardized information and data to the Secretary on persons serving in positions within the security cooperation workforce. ; (2) in subsection (e), by adding at the end the following new paragraph: (4) Updated guidance (A) In general Not later than 270 days after the date of the enactment of this paragraph, and biannually thereafter through fiscal year 2028, the Secretary of Defense, in coordination with the Secretary of State, shall issue updated guidance for the execution and administration of the Program. (B) Scope The updated guidance required by subparagraph (A) shall— (i) fulfill each requirement set forth in paragraph (3), as appropriate; and (ii) include an identification of the manner in which the Department of Defense shall ensure that personnel assigned to security cooperation offices within embassies of the United States are trained and managed to a level of proficiency that is at least equal to the level of proficiency provided to the attaché workforce by the Defense Attaché Service. ; (3) by redesignating subsections (f) through (h) as subsections (h) through (j), respectively; and (4) by inserting after subsection (e) the following new subsections (f) and (g): (f) Foreign Military Sales Center of Excellence (1) Establishment The Secretary of Defense shall direct an existing schoolhouse within the Department of Defense to serve as a Foreign Military Sales Center of Excellence to improve the training and education of personnel engaged in foreign military sales planning and execution. (2) Objectives The objectives of the Foreign Military Sales Center of Excellence shall include— (A) conducting research on and promoting best practices for ensuring that foreign military sales are timely and effective; and (B) enhancing existing curricula for the purpose of ensuring that the foreign military sales workforce is fully trained and prepared to execute the foreign military sales program. (g) Defense Security Cooperation University (1) Charter The Secretary of Defense shall develop and promulgate a charter for the operation of the Defense Security Cooperation University. (2) Mission The charter required by paragraph (1) shall set forth the mission, and associated structures and organizations, of the Defense Security Cooperation University, which shall include— (A) management and implementation of international military training and education security cooperation programs and authorities executed by the Department of Defense; (B) management and provision of institutional capacity-building services executed by the Department of Defense; and (C) advancement of the profession of security cooperation through research, data collection, analysis, publication, and learning. (3) Cooperative research and development arrangements (A) In general In engaging in research and development projects pursuant to subsection (a) of section 4001 of this title by a contract, cooperative agreement, or grant pursuant to subsection (b)(1) of such section, the Secretary of Defense may enter into such contract or cooperative agreement, or award such grant, through the Defense Security Cooperation University. (B) Treatment as Government-operated Federal laboratory The Defense Security Cooperation University shall be considered a Government-operated Federal laboratory for purposes of section 12 of the Stevenson-Wydler Technology Innovation Act of 1980 ( 15 U.S.C. 3710a (4) Acceptance of research grants (A) In general The Secretary of Defense, through the Under Secretary of Defense for Policy, may authorize the President of the Defense Security Cooperation University to accept qualifying research grants. Any such grant may only be accepted if the work under the grant is to be carried out by a professor or instructor of the Defense Security Cooperation University for a scientific, literary, or educational purpose. (B) Qualifying grants A qualifying research grant under this paragraph is a grant that is awarded on a competitive basis by an entity described in subparagraph (C) for a research project with a scientific, literary, or educational purpose. (C) Entities from which grants may be accepted A grant may be accepted under this paragraph only from a corporation, fund, foundation, educational institution, or similar entity that is organized and operated primarily for scientific, literary, or educational purposes. (D) Administration of grant funds The Director of the Defense Security Cooperation Agency shall establish an account for administering funds received as research grants under this section. The President of the Defense Security Cooperation University shall use the funds in the account in accordance with applicable provisions of the regulations and the terms and condition of the grants received. (E) Related expenses Subject to such limitations as may be provided in appropriations Acts, appropriations available for the Defense Security Cooperation University may be used to pay expenses incurred by the Defense Security Cooperation University in applying for, and otherwise pursuing, the award of qualifying research grants. (F) Regulations The Secretary of Defense, through the Under Secretary of Defense for Policy, shall prescribe regulations for the administration of this section. . 1310. Modification of authority to provide support to certain governments for border security operations Section 1226(a)(1) of the National Defense Authorization Act for Fiscal Year 2016 ( 22 U.S.C. 2151 (G) To the Government of Tajikistan for purposes of supporting and enhancing efforts of the armed forces of Tajikistan to increase security and sustain increased security along the border of Tajikistan and Afghanistan. (H) To the Government of Uzbekistan for purposes of supporting and enhancing efforts of the armed forces of Uzbekistan to increase security and sustain increased security along the border of Uzbekistan and Afghanistan. (I) To the Government of Turkmenistan for purposes of supporting and enhancing efforts of the armed forces of Turkmenistan to increase security and sustain increased security along the border of Turkmenistan and Afghanistan. . 1311. Modification of Defense Operational Resilience International Cooperation Pilot Program Section 1212 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 ( Public Law 117–263 10 U.S.C. 311 (1) in subsection (a), by striking military forces national security forces (2) in subsection (c)— (A) in paragraph (1)— (i) in subparagraph (A), by striking military-to-military relationships relationships with the national security forces of partner countries (ii) in subparagraph (C), by striking military forces national security forces (B) by adding at the end the following new paragraph: (4) Sustainment and non-lethal assistance A program under subsection (a) may include the provision of sustainment and non-lethal assistance, including training, defense services, supplies (including consumables), and small-scale construction (as such terms are defined in section 301 of title 10, United States Code). ; (3) in subsection (e)(3)(A), by striking military force national security forces (4) by adding at the end the following new subsection: (g) National security forces defined In this section, the term national security forces . 1312. Assistance to Israel for aerial refueling (a) Training Israeli pilots to operate KC–46 aircraft (1) In general The Secretary of the Air Force shall— (A) make available sufficient resources and accommodations within the United States to train members of the Israeli Air Force on the operation of KC–46 aircraft; (B) conduct training for members of the Israeli Air Force, including— (i) training for pilots and crew on the operation of the KC–46 aircraft in accordance with standards considered sufficient to conduct coalition operations of the United States Air Force and the Israeli Air Force; and (ii) training for ground personnel on the maintenance and sustainment requirements of the KC–46 aircraft considered sufficient for such operations; and (C) conduct the timing of such training so as to ensure that the first group of trainee members of the Israeli Air Force is anticipated to complete the training not later than 2 weeks after the date on which the first KC–46 aircraft is delivered to Israel. (2) United States Air Force military personnel exchange program The Secretary of Defense shall, with respect to members of the Israeli Air Force associated with the operation of KC–46 aircraft— (A) before the completion of the training required by paragraph (1)(B), authorize the participation of such members of the Israeli Air Force in the United States Air Force Military Personnel Exchange Program; (B) make available billets in the United States Air Force Military Personnel Exchange Program necessary for such members of the Israeli Air Force to participate in such program; and (C) to the extent practicable, ensure that such members of the Israeli Air Force are able to participate in the United States Air Force Military Personnel Exchange Program immediately after such members complete such training. (3) Termination This subsection shall cease to have effect on the date that is ten years after the date of the enactment of this Act. (b) Briefing Not later than 90 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 that includes the following: (1) An assessment of— (A) the current operational requirements of the Government of Israel for aerial refueling; and (B) any gaps in current or near-term capabilities. (2) The estimated date of delivery to Israel of KC–46 aircraft procured by the Government of Israel. (3) A detailed description of— (A) any actions the United States Government is taking to expedite the delivery to Israel of KC–46 aircraft procured by the Government of Israel, while minimizing adverse impacts to United States defense readiness, including strategic forces readiness; (B) any additional actions the United States Government could take to expedite such delivery; and (C) additional authorities Congress could provide to help expedite such delivery. (4) A description of the availability of any United States aerial refueling tanker aircraft that is retired or is expected to be retired during the two-year period beginning on the date of the enactment of this Act that could be provided to Israel. (c) Forward deployment of United States KC–46 aircraft to Israel (1) Briefing Not later than 90 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 that describes the capacity of and requirements for the United States Air Force to forward deploy KC–46 aircraft to Israel on a rotational basis until the date on which a KC–46 aircraft procured by the Government of Israel is commissioned into the Israeli Air Force and achieves full combat capability. (2) Rotational forces (A) In general Subject to subparagraphs (B) and (C), the Secretary of Defense shall, consistent with maintaining United States defense readiness, rotationally deploy one or more KC–46 aircraft to Israel until the earlier of— (i) the date on which a KC–46 aircraft procured by the military forces of Israel is commissioned into such military forces and achieves full combat capability; or (ii) five years after the date of the enactment of this Act. (B) Limitation The Secretary of Defense may only carry out a rotational deployment under subparagraph (A) if the Government of Israel consents to the deployment. (C) Presence The Secretary of Defense shall consult with the Government of Israel to determine the length of rotational deployments of United States KC–46 aircraft to Israel until the applicable date under subparagraph (A). 1313. Report on coordination with private entities and State governments with respect to the State Partnership Program (a) In general The Secretary of Defense shall submit to Congress a report on the feasibility of coordinating with private entities and State governments to provide resources and personnel to support technical exchanges under the Department of Defense State Partnership Program established under section 341 of title 10, United States Code. (b) Elements The report required by subsection (a) shall include the following: (1) An analysis of the limitations of the State Partnership Program. (2) The types of personnel and expertise that could be helpful to partner country participants in the State Partnership Program. (3) Any authority needed to leverage such expertise from private entities and State governments, as applicable. B Matters relating to Syria, Iraq, and Iran 1321. Extension and modification 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 Public Law 113–291 December 31, 2023 December 31, 2024 (b) Limitation on cost of construction and repair projects Subsection (l)(3) of such section is amended— (1) in subparagraph (A), by striking The President if the President The Secretary of Defense may waive the limitations under paragraph (1) for the purposes of providing support under subsection (a)(4) if the Secretary (2) by striking subparagraph (B); (3) in subparagraph (C), by striking as required by subparagraph (B)(ii)(I) (4) in subparagraph (D), by striking December 31, 2023 December 31, 2024 (5) by redesignating subparagraphs (C) and (D) as subparagraphs (B) and (C), respectively. 1322. Extension 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 (1) by striking fiscal year 2023 fiscal year 2024 (2) by striking $25,000,000 $18,000,000 (b) Source of funds Subsection (d) of such section is amended by striking fiscal year 2023 fiscal year 2024 1323. 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 Public Law 113–291 (1) by inserting equipment and training to counter threats from unmanned aerial systems, and sustainment (2) by striking December 31, 2023 December 31, 2024 (b) Funding Subsection (g) of such section is amended by striking Overseas Contingency Operations for fiscal year 2023, there are authorized to be appropriated $358,000,000 fiscal year 2024, there is authorized to be appropriated $241,950,000 (c) Foreign contributions Subsection (h) of such section is amended— (1) by striking The Secretary (1) In general The Secretary ; and (2) by adding at the end the following new paragraph: (2) Use of contributions The limitations on costs under subsections (a) and (m) shall not apply with respect to the expenditure of foreign contributions in excess of such limitations. . (d) Waiver authority Subsection (o) of such section is amended— (1) in paragraph (1), by striking The President if the President The Secretary of Defense may waive the limitations on costs under subsection (a) or (m) if the Secretary (2) by striking paragraph (3); (3) in paragraph (4), by striking as required by paragraph (3)(B)(i) (4) in paragraph (5), by striking December 31, 2023 December 31, 2024 (5) by redesignating paragraphs (4) and (5) as paragraphs (3) and (4), respectively. (e) Notification of provision of counter unmanned aerial systems training and assistance Such section is further amended by adding at the end the following new subsection: (p) Notification of provision of counter unmanned aerial systems training and assistance (1) In general Not later than 30 days after providing assistance under this section for countering threats from unmanned aerial systems, the Secretary of Defense shall notify the appropriate congressional committees of such provision of assistance. (2) Elements The notification required by paragraph (1) shall include the following: (A) An identification of the military forces being provided such assistance. (B) A description of the type of such assistance, including the types of training and equipment, being provided. . 1324. Briefing on nuclear capability of Iran Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall provide the Committees on Armed Services of the Senate and the House of Representatives with— (1) a briefing on— (A) threats to global security posed by the nuclear weapon capability of Iran; and (B) progress made by Iran in enriching uranium at levels proximate to or exceeding weapons grade; and (2) recommendations for actions the United States may take to ensure that Iran does not acquire a nuclear weapon capability. 1325. Modification of establishment of coordinator for detained ISIS members and relevant populations in Syria (a) Definitions In this section: (1) Appropriate committees of Congress The term appropriate committees of Congress (A) the Committee on Armed Services, the Committee on Foreign Relations, the Committee on the Judiciary, the Committee on Banking, Housing, and Urban Affairs, the Select Committee on Intelligence, and the Committee on Appropriations of the Senate; and (B) the Committee on Armed Services, the Committee on Foreign Affairs, the Committee on the Judiciary, the Committee on Financial Services, the Permanent Select Committee on Intelligence, and the Committee on Appropriations of the House of Representatives. (2) ISIS member The term ISIS member (3) Senior Coordinator The term Senior Coordinator Public Law 116–92 (b) Sense of Congress It is the sense of Congress that— (A) ISIS detainees held by the Syrian Democratic Forces and ISIS-affiliated individuals located within displaced persons camps in Syria pose a significant and growing humanitarian challenge and security threat to the region; (B) the vast majority of individuals held in displaced persons camps in Syria are women and children, approximately 50 percent of whom are under the age of 12 at the al-Hol camp, and they face significant threats of violence and radicalization, as well as lacking access to adequate sanitation and health care facilities; (C) there is an urgent need to seek a sustainable solution to such camps through repatriation and reintegration of the inhabitants; (D) the United States should work closely with international allies and partners to facilitate the repatriation and reintegration efforts required to provide a long-term solution for such camps and prevent the resurgence of ISIS; and (E) if left unaddressed, such camps will continue to be drivers of instability that jeopardize the long-term prospects for peace and stability in the region. (c) Statement of policy It is the policy of the United States that— (1) ISIS-affiliated individuals located within displacement camps in Syria, and other inhabitants of displacement camps in Syria, be repatriated and, where appropriate, prosecuted, or where possible, reintegrated into their country of origin, consistent with all relevant domestic laws and applicable international laws prohibiting refoulement; and (2) the camps will be closed as soon as is practicable. (d) Modification of establishment of coordinator for detained ISIS members and relevant displaced populations in Syria Section 1224 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 (1) by striking subsection (a); (2) by amending subsection (b) to read as follows: (a) Designation (1) In general The President, in consultation with the Secretary of Defense, the Secretary of State, the Director of National Intelligence, the Secretary of the Treasury, the Administrator of the United States Agency for International Development, and the Attorney General, shall designate an existing official to serve within the executive branch as senior-level coordinator to coordinate, in conjunction with other relevant agencies, matters related to ISIS members who are in the custody of the Syrian Democratic Forces and other relevant displaced populations in Syria, including— (A) by engaging foreign partners to support the repatriation and disposition of such individuals, including by encouraging foreign partners to repatriate, transfer, investigate, and prosecute such ISIS members, and share information; (B) coordination of all multilateral and international engagements led by the Department of State and other agencies that are related to the current and future handling, detention, and prosecution of such ISIS members; (C) the funding and coordination of the provision of technical and other assistance to foreign countries to aid in the successful investigation and prosecution of such ISIS members, as appropriate, in accordance with relevant domestic laws, international humanitarian law, and other internationally recognized human rights and rule of law standards; (D) coordination of all multilateral and international engagements related to humanitarian access and provision of basic services to, and freedom of movement and security and safe return of, displaced persons at camps or facilities in Syria that hold family members of such ISIS members; (E) coordination with relevant agencies on matters described in this section; and (F) any other matter the President considers relevant. (2) Rule of construction If, on the date of the enactment of the National Defense Authorization Act for Fiscal Year 2024 ; (3) in subsection (c), by striking subsection (b) subsection (a) (4) in subsection (d), by striking subsection (b) subsection (a) (5) in subsection (e), by striking January 31, 2021 January 31, 2025 (6) in subsection (f)— (A) by redesignating paragraph (2) as paragraph (3); (B) by inserting after paragraph (1) the following new paragraph (2): (2) Senior Coordinator The term Senior Coordinator ; and (C) by adding at the end the following new paragraph: (4) Relevant agencies The term relevant agencies (A) the Department of State; (B) the Department of Defense; (C) the Department of the Treasury; (D) the Department of Justice; (E) the United States Agency for International Development; (F) the Office of the Director of National Intelligence; and (G) any other agency the President considers relevant. ; and (7) by redesignating subsections (c) through (f) as subsections (b) through (e), respectively. (e) Strategy on ISIS-Related detainee and displacement camps in Syria (1) In general Not later than 180 days after the date of the enactment of this Act, the Secretary of State, in coordination with the Secretary of Defense, the Director of National Intelligence, the Secretary of the Treasury, the Administrator of the United States Agency for International Development, and the Attorney General, shall submit to the appropriate committees of Congress an interagency strategy with respect to ISIS-affiliated individuals and ISIS-related detainee and other displaced persons camps in Syria. (2) Elements The strategy required by paragraph (1) shall include— (A) methods to address— (i) disengagement from and prevention of recruitment into violence, violent extremism, and other illicit activity in such camps; (ii) efforts to encourage and facilitate repatriation and, as appropriate, investigation and prosecution of foreign nationals from such camps, consistent with all relevant domestic and applicable international laws; (iii) the return and reintegration of displaced Syrian and Iraqi women and children into their communities of origin; (iv) international engagement to develop processes for repatriation and reintegration of foreign nationals from such camps; (v) contingency plans for the relocation of detained and displaced persons who are not able to be repatriated from such camps; (vi) efforts to improve the humanitarian conditions in such camps, including through the delivery of medicine, psychosocial support, clothing, education, and improved housing; and (vii) assessed humanitarian and security needs of all camps and detainment facilities based on prioritization of such camps and facilities most at risk of humanitarian crises, external attacks, or internal violence; (B) an assessment of— (i) rehabilitation centers in northeast Syria, including humanitarian conditions and processes for admittance and efforts to improve both humanitarian conditions and admittance processes for such centers and camps, as well as on the prevention of youth radicalization; and (ii) processes for being sent to, and resources directed towards, rehabilitation centers and programs in countries that receive returned ISIS affiliated individuals, with a focus on the prevention of radicalization of minor children; (C) a plan to improve, in such camps— (i) security conditions, including by training of personnel and through construction; and (ii) humanitarian conditions; (D) a framework for measuring progress of humanitarian, security, and repatriation efforts with the goal of closing such camps; and (E) any other matter the Secretary of State considers appropriate. (3) Form The strategy required by paragraph (1) shall be submitted in unclassified form but may include a classified annex that is transmitted separately. (f) Annual interagency report (1) In general Not later than 180 days after the date of the enactment of this Act, and not less frequently than annually thereafter through January 31, 2025, the Senior Coordinator, in coordination with the relevant agencies, shall submit to the appropriate committees of Congress a detailed report that includes the following: (A) A detailed description of the facilities and camps where detained ISIS members, and families with perceived ISIS affiliation, are being held and housed, including— (i) a description of the security and management of such facilities and camps; (ii) an assessment of resources required for the security of such facilities and camps; (iii) an assessment of the adherence by the operators of such facilities and camps to international humanitarian law standards; and (iv) an assessment of children held within such facilities and camps that may be used as part of smuggling operations to evade security at the facilities and camps. (B) A description of all efforts undertaken by, and the resources needed for, the United States Government to address deficits in the humanitarian environment and security of such facilities and camps. (C) A description of all multilateral and international engagements related to humanitarian access and provision of basic services to, and freedom of movement and security and safe return of, displaced persons at camps or facilities in Iraq, Syria, and any other area affected by ISIS activity, including a description of— (i) support for efforts by the Syrian Democratic Forces to facilitate the return and reintegration of displaced people from Iraq and Syria; (ii) repatriation efforts with respect to displaced women and children and male children aging into adults while held in these facilities and camps; (iii) any current or future potential threat to United States national security interests posed by detained ISIS members or displaced families, including an analysis of the al-Hol camp and annexes; and (iv) United States Government plans and strategies to respond to any threat identified under clause (iii). (D) The number of individuals repatriated from the custody of the Syrian Democratic Forces. (E) An analysis of factors on the ground in Syria and Iraq that may result in the unintended release of detained or displaced ISIS members, and an assessment of any measures available to mitigate such releases. (F) A detailed description of efforts to encourage the final disposition and security of detained or displaced ISIS members with other countries and international organizations. (G) A description of foreign repatriation and rehabilitation programs deemed successful systems to model, and an analysis of the long-term results of such programs. (H) A description of the manner in which the United States Government communicates regarding repatriation and disposition efforts with the families of United States citizens believed to have been victims of a criminal act by a detained or displaced ISIS member, in accordance with section 503(c) of the Victims' Rights and Restitution Act of 1990 ( 34 U.S.C. 20141(c) (I) An analysis of all efforts between the United States and partner countries within the Global Coalition to Defeat ISIS or other countries to share related information that may aid in resolving the final disposition of ISIS members, and any obstacles that may hinder such efforts. (J) Any other matter the Coordinator considers appropriate. (2) Form The report required by paragraph (1) shall be submitted in unclassified form but may include a classified annex that is transmitted separately. (g) Rule of construction Nothing in this section, or an amendment made by this section, may be construed— (1) to limit the authority of any Federal agency to independently carry out the authorized functions of such agency; or (2) to impair or otherwise affect the activities performed by that agency as granted by law. C Matters relating to Europe and the Russian Federation 1331. Extension and modification of Ukraine Security Assistance Initiative (a) Funding Subsection (f) of section 1250 of the National Defense Authorization Act for Fiscal Year 2016 ( Public Law 114–92 (1) in the matter preceding paragraph (1), by striking for overseas contingency operations (2) by adding at the end the following new paragraph: (9) For fiscal year 2024, $300,000,000. . (b) Termination of authority Subsection (h) of such section is amended by striking December 31, 2024 December 31, 2027 1332. Extension and modification of training for Eastern European national security forces in the course of multilateral exercises Section 1251 of the National Defense Authorization Act for Fiscal Year 2016 ( 10 U.S.C. 333 (1) in subsection (c)(1), by adding at the end the following new subparagraph: (C) The Republic of Kosovo. ; and (2) in subsection (h)— (A) in the first sentence, by striking December 31, 2024 December 31, 2026 (B) in the second sentence, by striking December 31, 2024. December 31, 2026 1333. Extension of prohibition on availability of funds relating to sovereignty of the Russian Federation over internationally recognized territory of Ukraine Section 1245(a) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 ( Public Law 117–263 None of the funds 2023 None of the funds authorized to be appropriated for fiscal year 2023 or 2024 1334. Extension and modification of temporary authorizations related to Ukraine and other matters Section 1244 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 ( Public Law 117–263 (1) in subsection (a)(7), by striking September 30, 2024 September 30, 2025 (2) in subsection (c)(1)— (A) in the matter preceding subparagraph (A), by inserting or fiscal year 2024 fiscal year 2023 (B) in subparagraph (P), by striking ; and (C) in subparagraph (Q), by striking the period at the end and inserting ; and (D) by inserting at the end the following new subparagraphs: (R) 3,300 Tomahawk Cruise Missiles; (S) 1,100 Precision Strike Missiles (PrSM); (T) 550 Mark 48 Torpedoes; (U) 1,650 RIM–162 Evolved Sea Sparrow Missiles (ESSM); (V) 1,980 RIM–116 Rolling Airframe Missiles (RAM); and (W) 11,550 Small Diameter Bomb IIs (SDB–II). . 1335. Prioritization for basing, training, and exercises in North Atlantic Treaty Organization member countries (a) In general Subject to subsection (b), when considering decisions related to United States military basing, training, and exercises, the Secretary of Defense shall prioritize those North Atlantic Treaty Organization member countries that have achieved defense spending of not less than 2 percent of their gross domestic product by 2024. (b) Waiver The Secretary of Defense may waive subsection (a) if the Secretary submits a certification to the congressional defense committees that a waiver is in the national security interests of the United States. 1336. Study and report on lessons learned regarding information operations and deterrence (a) Study (1) In general The Secretary of Defense shall seek to enter into a contract or other agreement with an eligible entity to conduct an independent study on lessons learned from information operations conducted by the United States, Ukraine, the Russian Federation, and member countries of the North Atlantic Treaty Organization during the lead-up to the Russian Federation's full-scale invasion of Ukraine in 2022 and throughout the conflict. (2) Element The study required by paragraph (1) shall include recommendations for improvements to United States information operations to enhance effectiveness, as well as recommendations on how information operations may be improved to support the maintenance of deterrence. (b) Report (1) In general Not later than one year after the date of the enactment of this Act, Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the results of the study in its entirety, along with any such comments as the Secretary considers relevant. (2) Form The report required by paragraph (1) shall be submitted in unclassified form but may include a classified annex. (c) Eligible entity defined In this section, the term eligible entity (1) means an entity independent of the Department of Defense that is not under the direction or control of the Secretary of Defense; and (2) an independent, nongovernmental institute described in section 501(c)(3) 1337. Report on progress on multi-year strategy and plan for the Baltic Security Initiative (a) In general Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretary of State, shall submit to the congressional defense committees a report on the progress made in the implementation of the multi-year strategy and spending plan set forth in the June 2021 report of the Department of Defense entitled Report to Congress on the Baltic Security Initiative (b) Elements The report required by subsection (a) shall include the following: (1) An identification of any significant change to the goals, objectives, and milestones identified in the June 2021 report described in subsection (a), in light of the radically changed security environment in the Baltic region after the full-scale invasion of Ukraine by the Russian Federation on February 24, 2022, and with consideration to enhancing the deterrence and defense posture of the North Atlantic Treaty Organization in the Baltic region, including through the implementation of the regional defense plans of the North Atlantic Treaty Organization. (2) An update on the Department of Defense funding allocated for such strategy and spending plan for fiscal years 2022 and 2023 and projected funding requirements for fiscal years 2024, 2025, and 2026 for each goal identified in such report. (3) An update on the host country funding allocated and planned for each such goal. (4) An assessment of the progress made in the implementation of the recommendations set forth in the fiscal year 2020 Baltic Defense Assessment, and reaffirmed in the June 2021 report described in subsection (a), that each Baltic country should— (A) increase its defense budget; (B) focus on and budget for sustainment of capabilities in defense planning; and (C) consider combined units for expensive capabilities such as air defense, rocket artillery, and engineer assets. 1338. 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 is critical to advancing United States national security objectives in Europe, the Indo-Pacific region, and around the world; (2) the North Atlantic Treaty Organization 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 United States reaffirms its ironclad commitment— (A) to the North Atlantic Treaty Organization as the foundation of transatlantic security; and (B) to upholding its obligations under the North Atlantic Treaty, including Article 5; (4) the unprovoked and illegal invasion of Ukraine by the Russian Federation has upended security in Europe and requires the full attention of the transatlantic alliance; (5) welcoming Finland as the 31st member of the North Atlantic Treaty Organization has made the North Atlantic Treaty Organization Alliance stronger and the remaining North Atlantic Treaty Organization member countries should swiftly ratify the accession protocols of Sweden so as to bolster the collective security of the North Atlantic Treaty Organization by increasing the security and stability of the Baltic Sea region and Northern Europe; (6) the North Atlantic Treaty Organization member countries that have not yet met the two-percent defense spending pledge, as agreed to at the 2014 Wales Summit, should endeavor to meet the timeline as expeditiously as possible, but certainly within the five-year period beginning on the date of the enactment of this Act; (7) the United States and North Atlantic Treaty Organization allies and partners should continue efforts to identify, synchronize, and deliver needed assistance to Ukraine as Ukraine continues the fight against the illegal and unjust war of the Russian Federation; (8) the Strategic Concept, agreed to by all North Atlantic Treaty Organization member countries at the Madrid Summit in 2022, outlined the focus of the North Atlantic Treaty Organization for the upcoming decade, and North Atlantic Treaty Organization allies should continue to implement the strategies outlined, including by making efforts to address the challenges posed by the coercive policies of the People's Republic of China that undermine the interests, security, and shared values of the North Atlantic Treaty Organization Alliance; (9) the United States and North Atlantic Treaty Organization allies should continue long-term efforts— (A) to improve interoperability among the military forces of member countries of the North Atlantic Treaty Organization so as to enhance collective operations, including the divestment of Soviet-era capabilities; (B) to enhance security sector cooperation and explore opportunities to reinforce civil sector preparedness and resilience measures that may be likely targets of malign influence campaigns; (C) to mitigate the impact of hybrid warfare operations, particularly those in the information and cyber domains; and (D) to expand joint research and development initiatives with a focus on emerging technologies such as quantum computing, artificial intelligence, and machine learning, including through the work of the Defence Innovation Accelerator for the North Atlantic initiative (commonly known as DIANA (10) the European Deterrence Initiative remains critically important and has demonstrated its unique value to the United States and North Atlantic Treaty Organization allies during the current Russian Federation-created war against Ukraine; (11) the United States should continue to work with North Atlantic Treaty Organization allies, and other allies and partners, to build permanent mechanisms to strengthen supply chains, enhance supply chain security, and fill supply chain gaps; (12) the United States should prioritize collaboration with North Atlantic Treaty Organization allies to secure enduring and robust critical munitions supply chains so as to increase military readiness; (13) the United States and the North Atlantic Treaty Organization should expand cooperation efforts on cybersecurity issues to prevent adversaries and criminals from compromising critical systems and infrastructure; and (14) it is in the interest of the United States that the North Atlantic Treaty Organization adopt a robust strategy toward the Black Sea, and the United States should also consider working with interested partner countries to advance a coordinated strategy inclusive of diverse elements of transatlantic security architecture in the Black Sea region. 1339. Sense of the Senate on Defence Innovation Accelerator for the North Atlantic (DIANA) in the North Atlantic Treaty Organization It is the sense of the Senate that— (1) the new initiative within the North Atlantic Treaty Organization (NATO) to establish a new research and development initiative, known as the Defence Innovation Accelerator for the North Atlantic (DIANA), is an important step in aligning the industry and academic innovation communities of the NATO member states towards common goals for identifying, experimenting, and transitioning critical technologies of importance to NATO; (2) DIANA will spur increased defense research and development funding to rapidly adapt to a new era of strategic competition by bringing defense personnel together with NATO’s leading entrepreneurs and academic researchers; (3) DIANA will also increase opportunities for engagement on NATO’s priority technology areas, including artificial intelligence, data, autonomy, quantum-enabled technologies, biotechnology, hypersonic technologies, space, novel materials and manufacturing, and energy and propulsion; and (4) through DIANA, NATO allies will foster innovative ecosystems and develop talent for dual use technologies to maintain NATO’s strategic advantage. 1340. Sense of the Senate regarding the arming of Ukraine It is the sense of the Senate that Ukraine would derive military benefit from the provision of munitions such as the dual-purpose improved conventional munition (DPICM). Such weapons could be fired from systems in the existing Ukrainian inventory and would enhance Ukraine’s stockpile of available munitions and would bolster Ukraine’s efforts to end Russia’s illegal and unjust war. The Department of Defense, in concert with the other members of the Ukraine Defense Contract Group, should continue to support Ukraine’s brave fight to defeat the invasion of the Russian Federation. The Department of Defense, in close coordination with the State Department, should assess the feasibility and advisability of providing such munitions, including giving appropriate attention to humanitarian considerations, including supporting Ukraine’s effort to end the widespread suffering of the Ukrainian people by bringing Russia’s war of choice to an end as soon as possible on terms favorable to Ukraine, as well as the views of other members of the Ukraine Defense Contract Group. D Matters relating to the Indo-Pacific region 1341. Indo-Pacific Campaigning Initiative (a) In general The Secretary of Defense shall establish, and the Commander of the United States Indo-Pacific Command shall carry out, an Indo-Pacific Campaigning Initiative (in this section referred to as the Initiative (1) strengthening United States alliances and partnerships with foreign military partners in the Indo-Pacific region; (2) deterring military aggression by potential adversaries against the United States and allies and partners of the United States; (3) dissuading strategic competitors from seeking to achieve their objectives through the conduct of military activities below the threshold of traditional armed conflict; (4) improving the understanding of the United States Armed Forces with respect to the operating environment in the Indo-Pacific region; (5) shaping the perception of potential adversaries with respect to United States military capabilities and the military capabilities of allies and partners of the United States in the Indo-Pacific region; and (6) improving the ability of the United States Armed Forces to coordinate and operate with foreign military partners in the Indo-Pacific region. (b) Briefing and report (1) Briefing Not later than March 1, 2024, the Secretary shall provide the congressional defense committees with a briefing that describes ongoing and planned campaigning activities in the Indo-Pacific region for fiscal year 2024. (2) Report Not later than December 1, 2024, the Secretary shall submit to the congressional defense committees a report that— (A) summarizes the campaigning activities conducted in the Indo-Pacific region during fiscal year 2024; and (B) includes— (i) a value assessment of each such activity; (ii) lessons learned in carrying out such activities; (iii) any identified resource or authority gap that has negatively impacted the implementation of the Initiative; and (iv) proposed plans for additional campaigning activities in the Indo-Pacific region to fulfill the purposes described in subsection (a). (c) Campaigning defined In this section, the term campaigning (1) means the conduct and sequencing of logically linked military activities to achieve strategy-aligned objectives, including modifying the security environment over time to the benefit of the United States and the allies and partners of the United States while limiting, frustrating, and disrupting competitor activities; and (2) includes deliberately planned military activities in the Indo-Pacific region involving bilateral and multilateral engagements with foreign partners, training, exercises, demonstrations, experiments, and other activities to achieve the objectives described in subsection (a). 1342. Training, advising, and institutional capacity-building program for military forces of Taiwan (a) Establishment Consistent with the Taiwan Relations Act ( 22 U.S.C. 3301 et seq. Public Law 117–263 chapter 16 (b) Purposes The purposes of the program established under subsection (a) shall be— (1) to enable a layered defense of Taiwan by the military forces of Taiwan, including in support of the use of an asymmetric defense strategy; (2) to enhance interoperability between the United States Armed Forces and the military forces of Taiwan; (3) to encourage information sharing between the United States Armed Forces and the military forces of Taiwan; (4) to promote joint force employment; and (5) to improve professional military education and the civilian control of the military. (c) Elements The program established under subsection (a) shall include efforts to improve— (1) the tactical proficiency of the military forces of Taiwan; (2) the operational employment of the military forces of Taiwan to conduct a layered defense of Taiwan, including in support of an asymmetric defense strategy; (3) the employment of joint military capabilities by the military forces of Taiwan, including through joint military training, exercises, and planning; (4) the reform and integration of the reserve military forces of Taiwan; (5) the use of defense articles and services transferred from the United States to Taiwan; (6) the integration of the military forces of Taiwan with relevant civilian agencies, including the All-Out Defense Mobilization Agency; (7) the ability of Taiwan to participate in bilateral and multilateral military exercises, as appropriate; (8) the defensive cyber capabilities and practices of the Ministry of National Defense of Taiwan; and (9) any other matter the Secretary of Defense considers relevant. (d) Deconfliction, coordination, and concurrence The Secretary of Defense shall deconflict, coordinate, and seek the concurrence of the Secretary of State and the heads of other relevant departments and agencies with respect to activities carried out under the program required by subsection (a), in accordance with the requirements of the authorities provided in chapter 16 (e) Reporting As part of each annual report on Taiwan defensive military capabilities and intelligence support required by section 1248 of the National Defense Authorization Act for Fiscal Year 2022 ( Public Law 117–81 (1) an update on efforts made to address each element under subsection (c); and (2) an identification of any authority or resource shortfall that inhibits such efforts. 1343. Indo-Pacific Maritime Domain Awareness Initiative (a) Establishment Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Secretary of State, shall seek to establish an initiative with allies and partners of the United States, including Australia, Japan, and India, to be known as the Indo-Pacific Maritime Domain Awareness Initiative Initiative (b) Use of authorities In carrying out the Initiative, the Secretary of Defense may use the authorities provided in chapter 16 (c) Purposes The purposes of the Initiative are as follows: (1) To enhance the ability of allies and partners of the United States in the Indo-Pacific region to fully monitor the maritime domain of such region. (2) To leverage emerging technologies to support maritime domain awareness objectives. (3) To provide a comprehensive understanding of the maritime domain in the Indo-Pacific region, including by facilitating information sharing among such allies and partners. (d) Report Not later than March 1, 2024, the Secretary of Defense shall submit to the congressional defense committees a report that outlines ongoing and planned activities of the Initiative, and the resources needed to carry out the such activities, for fiscal year 2025. 1344. Extension of Pacific Deterrence Initiative (a) Extension Subsection (c) of section 1251 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( 10 U.S.C. 113 (1) by striking the National Defense Authorization Act for Fiscal Year 2023 the National Defense Authorization Act for Fiscal Year 2024 (2) by striking fiscal year 2023 fiscal year 2024 (b) Report on resourcing United States defense requirements for the Indo-Pacific region and study on competitive strategies Subsection (d)(1)(A) of such section is amended by striking fiscal years 2023 and 2024 fiscal years 2024 and 2025 1345. 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 fiscal year 2023 fiscal year 2024 1346. Extension and modification of pilot program to improve cyber cooperation with foreign military partners in Southeast Asia (a) In general Subsection (a) of section 1256 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 10 U.S.C. 333 (1) in the matter preceding paragraph (1), by striking in Vietnam, Thailand, and Indonesia with covered foreign military partners (2) in paragraph (1), by striking Vietnam, Thailand, and Indonesia covered foreign military partners (3) in paragraph (2), by striking Vietnam, Thailand, and Indonesia on covered foreign military partners on defensive (b) Elements Subsection (b) of such section is amended— (1) in paragraph (1), by striking Vietnam, Thailand, and Indonesia covered foreign military partners (2) in paragraph (2), by striking Vietnam, Thailand, and Indonesia covered foreign military partners (c) Reports Subsection (c)(2)(B) of such title is amended by striking Vietnam, Thailand, and Indonesia covered foreign military partners (d) Certification Subsection (d) of such section is amended— (1) by inserting with any covered foreign military partner scheduled to commence (2) by striking Vietnam, Indonesia, or Thailand the covered foreign military partner (e) Extension Subsection (e) of such section is amended by striking December 31, 2024 December 31, 2029 (f) Definitions Subsection (f) of such section is amended to read as follows: (f) Definitions In this section: (1) Appropriate committees of Congress The term appropriate committees of Congress (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. (2) Covered foreign military partner The term covered foreign military partner (A) Vietnam. (B) Thailand. (C) Indonesia. (D) The Philippines. (E) Malaysia. . (g) Conforming amendments (1) Section 1256 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 10 U.S.C. 333 Vietnam, Thailand, and Indonesia covered foreign military partners in Southeast Asia (2) The table of contents for the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 Sec. 1256. Pilot program to improve cyber cooperation with covered foreign military partners in Southeast Asia. . (3) The table of contents for title XII of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 Sec. 1256. Pilot program to improve cyber cooperation with covered foreign military partners in Southeast Asia. . 1347. Extension and modification of certain temporary authorizations (a) In general Section 1244 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 ( Public Law 117–263 (1) in the section heading, by striking other matters Taiwan (2) in subsection (a)— (A) in paragraph (1)— (i) in subparagraph (B), by inserting or the Government of Taiwan the Government of Ukraine (ii) in subparagraph (C), by inserting or the Government of Taiwan the Government of Ukraine (B) in paragraph (5)— (i) by striking subparagraph (A) and inserting the following: (A) the replacement of defense articles from stocks of the Department of Defense provided to— (i) the Government of Ukraine; (ii) foreign countries that have provided support to Ukraine at the request of the United States; (iii) the Government of Taiwan; or (iv) foreign countries that have provided support to Taiwan at the request of the United States; or ; and (ii) in subparagraph (B), by inserting or the Government of Taiwan (C) in paragraph (7), by striking September 30, 2024 September 30, 2028 (D) by redesignating paragraph (7) as paragraph (8); and (E) by inserting after paragraph (6) the following new paragraph (7): (7) Notification Not later than 7 days after the exercise of authority under subsection (a) the Secretary of Defense shall notify the congressional defense committees of the specific authority exercises, the relevant contract, and the estimated reductions in schedule. . (b) Clerical amendments (1) The table of contents at the beginning of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 ( Public Law 117–263 Sec. 1244. Temporary authorizations related to Ukraine and Taiwan. . (2) The table of contents at the beginning of title XII of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 ( Public Law 117–263 Sec. 1244. Temporary authorizations related to Ukraine and Taiwan. . 1348. Plan for enhanced security cooperation with Japan (a) In general Not later than June 1, 2024, the Secretary of Defense, in coordination with the Secretary of State, shall submit to the appropriate committees of Congress a plan for enhancing United States security cooperation with Japan. (b) Elements The plan required by subsection (a) shall include the following: (1) A plan for— (A) increased bilateral training, exercises, combined patrols, and other activities between the United States Armed Forces and the Self-Defense Forces of Japan; (B) increasing multilateral military-to-military engagements involving the United States Armed Forces, the Self-Defense Forces of Japan, and the military forces of other regional allies and partners, including Australia, India, the Republic of Korea, and the Philippines, as appropriate; (C) increased sharing of intelligence and other information, including the adoption of enhanced security protocols; (D) current mechanisms, processes, and plans to coordinate and engage with the Joint Headquarters of the Self-Defense Forces of Japan; and (E) enhancing cooperation on advanced technology initiatives, including artificial intelligence, cyber, space, undersea, hypersonic, and related technologies. (2) An analysis of the feasibility and advisability of— (A) increasing combined planning efforts between the United States and Japan to address potential regional contingencies; (B) modifying United States command structures in Japan— (i) to coordinate all United States military activities and operations in Japan; (ii) to complement similar changes by the Self-Defense Forces of Japan; and (iii) to facilitate integrated planning and implementation of combined activities; and (C) additional modifications to the force posture of the United States Armed Forces in Japan, including the establishment of additional main operating locations, cooperative security locations, contingency locations, and other forward operating sites. (3) An identification of challenges to the implementation of the plan required by subsection (a) and any recommended legislative changes, resourcing requirements, bilateral agreements, or other measures that would facilitate the implementation of such plan. (c) Form The plan required by subsection (a) shall be submitted in unclassified form but may include a classified annex. (d) Appropriate committees of Congress defined In this section, the term appropriate committees of Congress (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. 1349. Plan for improvements to certain operating locations in Indo-Pacific region (a) Identification of operating locations (1) In general The Secretary of Defense shall conduct a classified survey to identify each United States operating location within the area of responsibility of the United States Indo-Pacific Command, including in the First, Second, and Third Island Chains, that— (A) may be used to respond militarily to aggression by the People’s Republic of China; and (B) is considered to not be sufficiently capable of mitigating damage to aircraft of the United States Armed Forces in the event of a missile, aerial drone, or other form of attack by the People’s Republic of China. (2) Report Not later than 120 days after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a report on the results of the survey under paragraph (1). (b) Plan Not later than 60 days after the date on which the report required by paragraph (2) of subsection (a) is submitted, the Secretary shall submit to the congressional defense committees a plan— (1) to implement improvements, as appropriate, to operating locations identified under that subsection so as to increase the survivability of aircraft of the United States Armed Forces in the event of a missile, aerial drone, or other form of attack b3y the People’s Republic of China; and (2) that includes an articulation of other means for increasing survivability of such aircraft in the event of such an attack, including dispersal and deception. (c) Form The report and plan required by this section shall be submitted in classified form. 1350. Strategy for improving posture of ground-based theater-range missiles in Indo-Pacific region (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 strategy for improving the posture of ground-based theater-range missile capabilities in the Indo-Pacific region. (b) Elements The strategy required by subsection (a) shall include the following: (1) An assessment of gaps in conventional ground-based theater-range precision strike capabilities in the area of responsibility of the United States Indo-Pacific Command. (2) An identification of military requirements for conventional ground-based theater-range missile systems, including range, propulsion, payload, launch platform, weapon effects, and other operationally relevant factors in the Indo-Pacific region. (3) An identification of prospective basing locations in the area of responsibility of the United States Indo-Pacific Command, including an articulation of the bilateral agreements necessary to support such deployments. (4) A description of operational concepts for employment, including integration with short-range and multi-domain fires, in denial operations in the Western Pacific. (5) An identification of prospective foreign partners and institutional mechanisms for co-development and co-production of new theater-range conventional missiles. (6) An assessment of the cost and schedule of developmental ground-based theater-range missiles programs, including any potential cost-sharing arrangements with foreign partners through existing institutional mechanisms. (7) The designation of a theater component commander or joint task force commander within the United States Indo-Pacific Command responsible for developing a theater missile strategy. (8) Any other matter the Secretary considers relevant. (c) Form The strategy required by subsection (a) may be submitted in classified form but shall include an unclassified summary. (d) Ground-based theater-range missile defined In this section, the term ground-based theater-range missile 1351. Enhancing major defense partnership with India (a) In general The Secretary of Defense, in coordination with the Secretary of State and the head of any other relevant Federal department or agency, shall seek to ensure that India is appropriately considered for security cooperation benefits consistent with the status of India as a major defense partner of the United States, including with respect to the following lines of effort: (1) Eligibility for funding to initiate or facilitate cooperative research, development, testing, or evaluation projects with the Department of Defense, with priority given to projects in the areas of— (A) artificial intelligence; (B) undersea domain awareness; (C) air combat and support; (D) munitions; and (E) mobility. (2) Eligibility to enter into reciprocal agreements with the Department of Defense for the cooperative provision of training on a bilateral or multilateral basis in support of programs for the purpose of building capacity in the areas of— (A) counterterrorism operations; (B) counter-weapons of mass destruction operations; (C) counter-illicit drug trafficking operations; (D) counter-transnational organized crime operations; (E) maritime and border security operations; (F) military intelligence operations; (G) air domain awareness operations; and (H) cyberspace security and defensive cyberspace operations. (3) Eligibility to enter into a memorandum of understanding or other formal agreement with the Department of Defense for the purpose of conducting cooperative research and development projects on defense equipment and munitions. (4) Eligibility for companies from India to bid on contracts for the maintenance, repair, or overhaul of Department of Defense equipment located outside the United States. (b) Briefing Not later than March 1, 2024, the Secretary of Defense, in coordination with the Secretary of State and the head of any other relevant Federal department or agency, shall provide the congressional defense committees, the Committee on Foreign Relations of the Senate, and the Committee on Foreign Affairs of the House of Representatives with a briefing on the status of security cooperation activities with India, including the lines of effort specified in subsection (a). 1352. Military cybersecurity cooperation with Taiwan (a) Requirement Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, acting through the Under Secretary of Defense for Policy, with the concurrence of the Secretary of State and in coordination with the Commander of the United States Cyber Command and the Commander of the United States Indo-Pacific Command, shall seek to engage with appropriate officials of Taiwan for the purpose of expanding cooperation on military cybersecurity activities using the authorities under chapter 16 (b) Cooperation efforts In expanding the cooperation of military cybersecurity activities between the Department of Defense and the military forces of Taiwan under subsection (a), the Secretary of Defense may carry out efforts— (1) to actively defend military networks, infrastructure, and systems; (2) to eradicate malicious cyber activity that has compromised such networks, infrastructure, and systems; (3) to leverage United States commercial and military cybersecurity technology and services to harden and defend such networks, infrastructure, and systems; and (4) to conduct combined cybersecurity training activities and exercises. (c) Briefings (1) Requirement Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Secretary of State, shall provide to the appropriate committees of Congress a briefing on the implementation of this section. (2) Contents The briefing under paragraph (1) shall include the following: (A) A description of the feasibility and advisability of expanding the cooperation on military cybersecurity activities between the Department of Defense and the military forces of Taiwan. (B) An identification of any challenges and resources that need to be addressed so as to expand such cooperation. (C) An overview of efforts undertaken pursuant to this section. (D) Any other matter the Secretary considers relevant. (d) Appropriate committees of Congress defined In this section, the term appropriate committees of Congress (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. 1353. Designation of senior official for Department of Defense activities relating to, and implementation plan for, security partnership among Australia, the United Kingdom, and the United States (a) Designation of senior official Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall designate a senior civilian official of the Department of Defense who shall be responsible for overseeing Department of Defense activities relating to the security partnership among Australia, the United Kingdom, and the United States (commonly known as the AUKUS partnership (b) Plan (1) In general Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Administrator for Nuclear Security and the Secretary of State, shall submit to the appropriate committees of Congress an implementation plan outlining Department efforts relating to the AUKUS partnership. (2) Elements The plan required by paragraph (1) shall include the following: (A) Timelines and major anticipated milestones for the implementation of the AUKUS partnership. (B) An identification of dependencies of such milestones on defense requirements that are— (i) unrelated to the AUKUS partnership; and (ii) solely within the decisionmaking responsibility of Australia or the United Kingdom. (C) Recommendations for adjustments to statutory and regulatory export authorities or frameworks, including technology transfer and protection, necessary to efficiently implement the AUKUS partnership. (D) A consideration of the implications of the plan on the industrial base with respect to— (i) the expansion of existing United States submarine construction capacity to fulfill United States, United Kingdom, and Australia requirements; (ii) acceleration of the restoration of United States capabilities for producing highly enriched uranium to fuel submarine reactors; (iii) stabilization of commodity markets and expanding supplies of high-grade steel, construction materials, and other resources required for improving shipyard condition and expanding throughput capacity; and (iv) coordination and synchronization of industrial sourcing opportunities among Australia, the United Kingdom, and the United States. (E) A description of resourcing and personnel requirements, including the hiring of additional foreign disclosure officers. (F) A plan for improving information sharing, including— (i) recommendations for modifications to foreign disclosure policies and processes; (ii) the promulgation of written information-sharing guidelines or policies to improve information sharing under the AUKUS partnership; (iii) the establishment of an information handling caveat specific to the AUKUS partnership; and (iv) the reduction in use of the Not Releasable to Foreign Nations (NOFORN) information handling caveat. (G) Processes for the protection of privately held intellectual property, including patents. (H) A plan to leverage, for the AUKUS partnership, any relevant existing cybersecurity or technology partnership or cooperation activity between the United States and the United Kingdom or between the United States and Australia. (I) Recommended updates to other statutory, regulatory, policy, or process frameworks. (J) Any other matter the Secretary of Defense considers appropriate. (c) Semiannual updates Not later than 60 days after the date on which the plan required by subsection (b) is submitted, and semiannually thereafter on April 1 and October 1 each year through 2029, the senior civilian official designated under subsection (a) shall provide the congressional defense committees with a briefing on the status of all Department activities to implement the AUKUS partnership. (d) Appropriate committees of Congress defined In this section, the term appropriate committees of Congress (1) the Committee on Armed Services, the Committee on Foreign Relations, and the Committee on Appropriations of the Senate; and (2) the Committees on Armed Services, the Committee on Foreign Affairs, and the Committee on Appropriations of the House of Representatives. 1354. Report and notification relating to transfer of operational control on Korean Peninsula (a) Report Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Secretary of State, shall submit to the appropriate committees of Congress a report that— (1) describes the conditions under which the military forces of the Republic of Korea would be prepared to assume wartime operational control of the United States and Republic of Korea Combined Forces Command; and (2) includes an assessment of the extent to which the military forces of the Republic of Korea meet such conditions as of the date on which the report is submitted. (b) Notification (1) In general Not later than 30 days before the date on which wartime operational control of the United States and Republic of Korea Combined Forces Command is transferred to the Republic of Korea, the Secretary of Defense, in coordination with the Secretary of State, shall notify the appropriate committees of Congress of such transfer. (2) Elements The notification required by paragraph (1) shall include the following: (A) An assessment of the extent to which the military forces of the Republic of Korea meet the conditions described in the report submitted under subsection (a), including with respect to the acquisition by the Republic of Korea of necessary military capabilities to counter the capabilities of the Democratic People's Republic of Korea. (B) A description of the command relationship among the United Nations Command, the United States and Republic of Korea Combined Forces Command, the United States Forces Korea, and the military forces of the Republic of Korea. (C) An assessment of the extent to which such transfer impacts the security of the United States, the Republic of Korea, and other regional allies and partners. (c) Appropriate committees of Congress defined In this section, the term appropriate committees of Congress (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. 1355. Report on range of consequences of war with the People’s Republic of China (a) In general Not later than December 1, 2024, the Director of the Office of Net Assessment shall submit to the congressional defense committees a report on the range of geopolitical and economic consequences of a United States-People’s Republic of China conflict in 2030. (b) Elements The report required by subsection (a) shall— (1) account for potential— (A) attacks within the homelands of the United States and the People's Republic of China, including cyber threats and the potential disruption of critical infrastructure; (B) impacts on the United States Armed Forces and the military forces of United States allies and partners, including loss of life, capabilities, United States force posture, and United States alliances in the Indo-Pacific region; (C) impacts on the military forces of the People's Republic of China, including loss of life and capabilities; (D) impacts on the civilian populations of Japan, Taiwan, Australia, and other countries in the Indo-Pacific region; (E) disruption of the global economy; and (F) any other matter the Director of the Office of Net Assessment considers relevant; and (2) include a review of previous attempts in history to forecast the consequences and costs of war. (c) Form The report required by subsection (a) shall be submitted in unclassified form but may include a classified annex. (d) Briefing Not less than 14 days before the date on which the report required by subsection (a) is submitted, the Director of the Office of Net Assessment shall provide a briefing to the congressional defense committees on the conclusions of the report. 1356. Study and report on command structure and force posture of United States Armed Forces in Indo-Pacific region (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 an independent study for the purpose of improving the current command structure and force posture of the United States Armed Forces in the area of responsibility of the United States Indo-Pacific Command. (2) Report to Secretary (A) In general Not later than 180 days after the date of the enactment of this Act, the federally funded research and development center selected to conduct the study required by paragraph (1) shall submit to the Secretary a report on the findings of the study. (B) Elements The report required by subparagraph (A) shall include the following: (i) An assessment of— (I) the current command structure of the United States Armed Forces in the area of responsibility of the United States Indo-Pacific Command; (II) the current force posture, basing, access, and overflight agreements of the United States Armed Forces in such area of responsibility; and (III) any operational or command and control challenge resulting from the geography, current force posture of the United States Armed Forces, or current command structure of the United States Armed Forces in the area of responsibility of the United States Indo-Pacific Command. (ii) Any recommendation for— (I) adjustments to the force posture of the United States Armed Forces in such area of responsibility, including an identification of any additional basing, access, and overflight agreement that may be necessary in response to the changing security environment in such area of responsibility; (II) modifying the current organizational and command structure of the United States Indo-Pacific Command, including United States Forces Japan and United States Forces Korea, in response to such changing security environment; or (III) improving the ability to better coordinate with allies and partners during peacetime and conflict. (b) Report to Congress (1) In general Not later than February 1, 2025, the Secretary shall submit to the congressional defense committees an unaltered copy of the report submitted to the Secretary under subsection (a)(2), together with the views of the Secretary on the findings set forth in such report and any corresponding recommendation. (2) Form The report required by paragraph (1) shall be submitted in unclassified form but may contain a classified annex. (3) Public availability The Secretary shall make available to the public the unclassified form of the report required by paragraph (1). 1357. Studies on defense budget transparency of the People’s Republic of China and the United States (a) Studies required (1) Defense Intelligence Agency Study Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, acting through the Director of the Defense Intelligence Agency, shall— (A) complete a study on the defense budget of the People’s Republic of China; (B) submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the results of the study; and (C) make the results of the study available to the public on the internet website of the Department of Defense. (2) Secretary of Defense study Not later than 90 days after the date on which the study required by paragraph (1) is submitted, the Secretary of Defense shall— (A) complete a comparative study on the defense budgets of the People’s Republic of China and the United States; (B) submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the results of the study; and (C) make the results of the study available to the public on the internet website of the Department of Defense. (3) Methodology The studies required by paragraphs (1) and (2) shall each employ a robust methodology that— (A) does not depend on the official pronouncements of the Government of the People’s Republic of China or the Chinese Communist Party; (B) takes into account the military-civil fusion present in the People’s Republic of China; and (C) employs the building-block method of analysis or a similar method of analysis, as appropriate. (4) Objective The objective of the studies required by paragraphs (1) and (2) shall be to provide the people of the United States with an accurate comparison of the defense spending of the People’s Republic of China and the United States. (b) Elements At a minimum, the studies required by this section shall do the following: (1) Determine the amounts invested by each subject country across functional categories for spending, including— (A) defense-related research and development; (B) weapons procurement from domestic and foreign sources; (C) operations and maintenance; (D) pay and benefits; (E) military pensions; and (F) any other category the Secretary considers relevant. (2) Consider the effects of purchasing power parity and market exchange rates, particularly on nontraded goods. (3) Estimate the magnitude of omitted spending from official defense budget information and account for such spending in the comparison. (4) Exclude spending related to veterans’ benefits, other than military pensions provided to veterans. (c) Considerations The studies required by this section may take into consideration the following: (1) The effects of state-owned enterprises on the defense expenditures of the People’s Republic of China. (2) The role of differing acquisition policies and structures with respect to the defense expenditures of each subject country. (3) Any other matter relevant to evaluating the resources dedicated to the defense spending or the various military-related outlays of the People’s Republic of China. (d) Form The studies required by this section shall be submitted in unclassified form, free of handling restrictions, but may include classified annexes. 1358. Briefing on provision of security assistance by the People’s Republic of China and summary of Department of Defense mitigation activities (a) Briefing Not later than March 1, 2024, the Secretary of Defense, in coordination with the Secretary of State, shall provide to the appropriate committees of Congress a briefing that describes the provision of security assistance and training by the People’s Republic of China to foreign military forces for the purpose of achieving the national objectives of the People's Republic of China. (b) Summary of mitigation activities As part of the first report submitted under section 1206(c)(2) of the National Defense Authorization Act for Fiscal Year 2022 ( Public Law 117–81 10 U.S.C. 301 (1) strengthen United States alliances and partnerships with foreign military partners; (2) identify countries or governments to which the People’s Republic of China provides such security assistance or military training; (3) dissuade countries and governments from relying on the People’s Republic of China as a partner for such security assistance and military training; (4) identify any manner in which the United States, or close allies of the United States, may engage with countries and governments to be the preferred partner for security assistance and military training; and (5) improve the ability of the United States Armed Forces to coordinate and operate with allies and partners for purposes of mitigating the provision of security assistance and military training by the People’s Republic of China. (c) Appropriate committees of Congress In this section, the term appropriate committees of Congress (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. 1359. Semiannual briefings on bilateral agreements supporting United States military posture in the Indo-Pacific region (a) In general Not later than 30 days after the date of the enactment of this Act, and every 180 days thereafter through fiscal year 2027, the Secretary of Defense, in coordination with the Secretary of State, shall provide the appropriate committees of Congress with a briefing on bilateral agreements supporting the United States military posture in the Indo-Pacific region. (b) Elements Each briefing required by subsection (a) shall include the following: (1) An update on notable changes to elements described in section 1262(b) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 ( Public Law 117–263 (2) An assessment of the impact on United States military operations if any individual or combination of allies and partners were to deny continued access, basing, or overflight rights, including with respect to— (A) forward presence; (B) agile basing; (C) pre-positioned materials; or (D) fueling and resupply. (c) Appropriate committees of Congress defined In this section, the term appropriate committees of Congress (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. 1360. Semiannual briefings on military of the People's Republic of China (a) In general Not later than 60 days after the date of the enactment of this Act, and not less frequently than every 180 days thereafter through March 30, 2027, the Secretary of Defense shall provide to the congressional defense committees a briefing on— (1) the military activities of the People’s Republic of China with respect to Taiwan and the South China Sea; (2) efforts by the Department of Defense to engage with the People’s Liberation Army; and (3) United States efforts to enable the defense of Taiwan and bolster maritime security in the South China Sea. (b) Elements Each briefing required by subsection (a) shall include the following: (1) An update on— (A) military developments of the People’s Republic of China relating to any possible Taiwan or South China Sea contingency, including upgrades to the weapon systems of the People’s Republic of China, the procurement of new weapons by the People’s Republic of China, and changes to the posture of the People’s Liberation Army; (B) military equipment acquired by Taiwan pursuant to the Presidential drawdown authority under section 506(a) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2318(a) (C) United States efforts to deter aggression by the People's Republic of China in the Indo-Pacific region, including any campaigning or exercise activities conducted by the United States; and (D) United States efforts to train the military forces of Taiwan and allies and partners in Southeast Asia. (2) The most recent information regarding the readiness of or preparations by the People's Liberation Army to potentially conduct aggressive military action against Taiwan. (3) A description of any military activity carried out during the preceding quarter by the People's Republic of China in the vicinity of Taiwan. (4) A description of engagements by Department of Defense officials with the People's Liberation Army, including with respect to maintaining open lines of communication, establishing crisis management capabilities, and deconfliction of military activities. (5) Any other matter the Secretary considers relevant. 1361. 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 if the Secretary of Defense has demonstrable evidence that the project has complied or is likely to comply with a demand from the Government of the People’s Republic of China or the Chinese Communist Party, or an entity under the direction of the People’s Republic of China or the Chinese Communist Party, to censor the content of the project in a material manner to advance the national interest of the People’s Republic of China. 1362. Prohibition on use of funds for the Wuhan Institute of Virology None of the funds authorized to be appropriated under this Act may be made available for the Wuhan Institute of Virology for any purpose. 1363. Audit to identify diversion of Department of Defense funding to China's research labs (a) In general Not later than 180 days after the date of the enactment of this Act, the Department of Defense Office of Inspector General shall conduct a study, and submit a report to Congress, regarding the amount of Federal funds awarded by the Department of Defense (whether directly or indirectly) through grants, contracts, subgrants, subcontracts, or any other type of agreement or collaboration, during the 10-year period immediately preceding such date of enactment, that— (1) was provided, whether purposely or inadvertently, to— (A) the People’s Republic of China; (B) the Communist Party of China; (C) the Wuhan Institute of Virology or any other organization administered by the Chinese Academy of Sciences; (D) EcoHealth Alliance Inc., including any subsidiaries and related organizations that are directly controlled by EcoHealth Alliance, Inc.; or (E) any other lab, agency, organization, individual, or instrumentality that is owned, controlled (directly or indirectly), or overseen (officially or unofficially) by any of the entities listed in subparagraphs (A) through (D); or (2) was used to fund research or experiments that could have reasonably resulted in the enhancement of any coronavirus, influenza, Nipah, Ebola, or other pathogen of pandemic potential or chimeric versions of such a virus or pathogen in the People’s Republic of China or any other foreign country. (b) Identification of countries and pathogens The report required under subsection (a) shall specify— (1) the countries in which the research or experiments described in subsection (a)(2) was conducted; and (2) the pathogens involved in such research or experiments. 1364. Prohibiting Federal funding for EcoHealth Alliance Inc None of the funds authorized to be appropriated under this Act may be made available for any purpose to— (1) EcoHealth Alliance, Inc.; (2) any subsidiary of EcoHealth Alliance Inc; (3) any organization that is directly controlled by EcoHealth Alliance Inc; or (4) any organization or individual that is a subgrantee or subcontractor of EcoHealth Alliance Inc. 1365. Assessment relating to contingency operational plan of United States Indo-Pacific Command (a) In general The Secretary of Defense shall conduct an assessment, based on the contingency operational plan for a major conflict in the area of operations of the United States Indo-Pacific Command, to identify and characterize the dependencies of such plan on specific critical infrastructure facilities, capabilities, and services for the successful mobilization, deployment, and sustainment of forces. (b) Briefings The Secretary shall provide to the congressional defense committees— (1) before the date on which the Secretary commences the assessment required by subsection (a), a briefing that sets forth the terms of reference and a plan for such assessment; and (2) a briefing on the results of such assessment, not later than the earlier of— (A) the date on which Secretary completes such assessment; or (B) the date that is 180 days after the enactment of this Act. 1366. Assessment of absorptive capacity of military forces of Taiwan (a) Report (1) In general Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretary of State, shall submit to the appropriate committees of Congress a report on the absorptive capacity of the military forces of Taiwan for military capabilities provided and approved by the United States for delivery to Taiwan in the last 10 years, including the date of projected or achieved initial and full operational capabilities. (2) Briefing requirement Not later than 30 days after the delivery of the required report, the Secretary shall provide a briefing on the report to the appropriate committees of Congress. (3) Form The required report shall be provided in classified form with an unclassified cover letter. (b) Definitions In this section: (1) Absorptive capacity The term absorptive capacity (2) Appropriate committees of Congress The term appropriate committees of Congress (A) the Committee on Appropriations, the Committee on Armed Services, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate; and (B) the Committee on Appropriations, the Committee on Armed Services, the Committee on Foreign Affairs, and the Permanent Select Committee on Intelligence of the House of Representatives. 1367. Analysis of risks and implications of potential sustained military blockade of Taiwan by the People's Republic of China (a) Analysis required (1) In general 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, in coordination with the Director of National Intelligence, shall complete a comprehensive analysis of the risks and implications of a sustained military blockade of Taiwan by the People’s Republic of China. (2) Elements The analysis required by paragraph (1) shall include the following: (A) An assessment of the means by which the People’s Republic of China could execute a sustained military blockade of Taiwan, including the most likely courses of action through which the People's Republic of China could accomplish such a blockade. (B) An identification of indications and warnings of a potential sustained military blockade of Taiwan by the People's Republic of China, and the likely timelines for such indications and warnings. (C) An identification of other coercive actions the People's Republic of China may potentially take before or independently of such a blockade, including the seizure of outlying islands of Taiwan. (D) An assessment of the impact of such a blockade on the ability of Taiwan to sustain its military capabilities, economy, and population. (E) An assessment of threats to, and other potential negative impacts on, the United States homeland during such a blockade scenario. (F) An assessment of key military operational problems presented by such a blockade. (G) An assessment of the concept-required military capabilities necessary to address the problems identified under subparagraph (F). (H) An assessment of challenges to escalation management. (I) An assessment of military or nonmilitary options to counter or retaliate against such a blockade or the seizure of outlying islands of Taiwan, including through horizontal escalation. (J) An assessment of the extent to which such a blockade is addressed by the Joint Warfighting Concept and Joint Concept for Competing. (K) An identification of necessary changes to United States Armed Forces force design, doctrine, and tactics, techniques, and procedures for responding to or mitigating the impact of such a blockade. (L) An assessment of the role of United States partners and allies in addressing the threats and challenges posed by a such a potential blockade. (M) Any other matter the Secretary of Defense considers relevant. (b) Interagency engagement Not later than 270 days after the date of the enactment of this Act, the Secretary of Defense shall seek to engage with the head of any other appropriate Federal department or agency— (1) regarding the threats and challenges posed by a potential sustained military blockade of Taiwan by the People's Republic of China; and (2) to better understand potential options for a response by the United States Government to such a blockade. (c) Report Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the appropriate committees of Congress a classified report— (1) on the assessment required by paragraph (1) of subsection (a), including all elements described in paragraph (2) of that subsection; and (2) the interagency engagements conducted under subsection (b). (d) Appropriate committees of Congress defined In this section, the term appropriate committees of Congress (1) the Committee on Armed Services, the Committee on Foreign Relations, the Select Committee on Intelligence, and the Committee on Appropriations of the Senate; and (2) the Committee on Armed Services, the Committee on Foreign Affairs, the Permanent Select Committee on Intelligence, and the Committee on Appropriations of the House of Representatives. 1368. Sense of the Senate on defense alliances and partnerships in the Indo-Pacific region (a) Findings The Senate makes the following findings: (1) The 2022 National Defense Strategy states, [m]utually-beneficial Alliances and partnerships are our greatest global strategic advantage. (2) 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. (3) Secretary of Defense Lloyd Austin testified on March 28, 2023, that our allies and partners are a huge force multiplier. They magnify our power, advance our shared security interests, and help uphold a world that is free, open, prosperous, and secure. (4) Chairman of the Joint Chiefs of Staff General Milley testified on March 28, 2023, that our alliances and partnerships are key to maintaining the rules-based international order and a stable and open international system promoting peace and prosperity…We are stronger when we operate closely with our allies and partners. (5) Commander of the United States Indo-Pacific Command Admiral Aquilino testified on April 20, 2023, that a robust network of allies and partners, built on the strength of our shared interests, is our greatest advantage. United States Indo-Pacific Command is strengthening all layers of our security network: allies, multilateral arrangements, partners, friends, and the Five Eyes nations. We execute security cooperation activities, training, and exercises to strengthen those relationships, build partner capacity, and enhance interoperability. (b) Sense of the Senate It is the sense of the Senate 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; (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. (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. 1369. Assessment of gifts and grants to United States institutions of higher education from entities on the Non-SDN Chinese Military-Industrial Complex Companies List (a) In general Not later than 180 days after the date of the enactment of this Act, the Secretary of the Treasury shall submit to the appropriate congressional committees an assessment of gifts and grants to United States institutions of higher education from entities on the Non-SDN Chinese Military-Industrial Complex Companies List maintained by the Office of Foreign Assets Control. (b) Elements The Secretary, in consultation with the Secretary of Education, shall include in the assessment required by subsection (a) an estimate of— (1) a list and description of each of the gifts and grants provided to United States institutions of higher education by entities described in subsection (a); and (2) the monetary value of each of those gifts and grants. (c) Definitions In this section: (1) Appropriate congressional committees The term appropriate congressional committees (2) Gifts and grants The term gifts and grants 1370. Extension of export prohibition on munitions items to the Hong Kong Police Force Section 3 of the Act entitled An Act to prohibit the commercial export of covered munitions items to the Hong Kong Police Force Public Law 116–77 shall expire on December 31, 2024 (1) the Secretary of State has, on or after the date of the enactment of this paragraph, certified under section 205 of the United States-Hong Kong Policy Act of 1992 ( 22 U.S.C. 5701 et seq. (2) the Hong Kong Police have not engaged in gross violations of human rights during the 1-year period ending on the date of such certification; and (3) there has been an independent examination of human rights concerns related to the crowd control tactics of the Hong Kong Police and the Government of the Hong Kong Special Administrative Region has adequately addressed those concerns. . E Securing maritime data from China 1371. Short title This subtitle may be cited as the Securing Maritime Data from China Act of 2023 1372. LOGINK defined In this subtitle, the term LOGINK 1373. Countering the spread of LOGINK (a) Contracting prohibition The Department of Defense may not enter into or renew any contract with any entity that uses— (1) LOGINK; (2) any logistics platform controlled by, affiliated with, or subject to the jurisdiction of the Chinese Communist Party or the Government of the People’s Republic of China; or (3) any logistics platform that shares data with a system described in paragraph (1) or (2). (b) Applicability Subsection (a) applies with respect to any contract entered into or renewed on or after the date that is 2 years after the date of the enactment of this Act. F Reports 1381. Report on Department of Defense roles and responsibilities in support of National Strategy for the Arctic Region 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 Department of Defense roles and responsibilities in support of the National Strategy for the Arctic Region that includes— (1) an identification of the Department's lines of effort to support the implementation of the National Strategy for the Arctic Region, including the implementation plan for each applicable military department; (2) a plan for the execution of, and a projected timeline and the resource requirements for, each such line of effort; and (3) any other matter the Secretary considers relevant. G Other matters 1391. Military intelligence collection and analysis partnerships (a) Use of funds other than appropriated funds (1) In general Subject to paragraph (2), the Director of the Defense Intelligence Agency, in coordination with the Secretary of State and the Director of National Intelligence, may accept and expend foreign partner funds in order for the foreign partner or partners to share with the Defense Intelligence Agency the expenses of joint and combined military intelligence collection and analysis activities. (2) Limitations (A) Previously denied funds Funds accepted under this section may not be expended, in whole or in part, by or for the benefit of the Defense Intelligence Agency for any purpose for which Congress has previously denied funds. (B) Joint benefit The authority provided by paragraph (1) may not be used to acquire items or services for the sole benefit of the United States. (b) Annual Report Not later than March 1, 2025, and annually thereafter for four years, the Director of the Defense Intelligence Agency shall submit to the appropriate committees of Congress a report on any funds accepted or expended under this section during the preceding calendar year, including an identification of the foreign partner or partners involved and a description of the purpose of such funds. (c) Termination The authority to accept and expend foreign partner funds pursuant to this section shall terminate on December 31, 2028. (d) Appropriate committees of Congress defined In this section, the term appropriate committees of Congress (1) the Committee on Armed Services, the Committee on Appropriations, and the Select Committee on Intelligence of the Senate; and (2) the Committee on Armed Services, the Committee on Appropriations, and the Permanent Select Committee on Intelligence of the House of Representatives. 1392. Collaboration with partner countries to develop and maintain military-wide transformational strategies for operational energy (a) Establishment (1) In general Not later than January 1, 2025, the Secretary of Defense shall establish a partnership program using existing authorities to collaborate with the military forces of partner countries in developing and maintaining military-wide transformational strategies for operational energy (in this section referred to as the Program (2) Organization The Assistant Secretary of Defense for Energy, Installations, and Environment, in coordination with the Under Secretary of Defense for Policy and in consultation with the Secretaries of the military departments, the commanders of the combatant commands, and any other individual the Secretary of Defense considers appropriate, shall be responsible for, and shall oversee, the Program. (b) Objective The objective of the Program is to promote the readiness of the United States Armed Forces and the military forces of partner countries for missions in contested logistics environments by focusing on demand reduction and employing more diverse and renewable operational energy sources so as to enhance energy security, energy resilience, and energy conservation, reduce logistical vulnerabilities, and ensure that supply lines are resilient to extreme weather, disruptions to energy supplies, and direct or indirect cyber attacks. (c) Activities (1) In general Under the Program, the United States Armed Forces and the military forces of each participating partner country shall, in coordination— (A) establish policies to improve warfighting capability through energy security and energy resilience; (B) integrate efforts to mitigate mutual contested logistics challenges through the reduction of operational energy demand; (C) identify and mitigate operational energy challenges presented by any contested logistics environment, including through developing innovative delivery systems, distributed storage, flexible contracting, and improved automation; (D) assess and integrate, to the extent practicable, any technology, including electric, hydrogen, nuclear, biofuels, and any other sustainable fuel technology or renewable energy technology, that may reduce operational energy demand in the near term or long term; (E) assess and consider any infrastructure investment of allied and partner countries that may affect operational energy availability in the event of a conflict with a near-peer adversary; and (F) assess and integrate, to the extent practicable— (i) any technology that increases sustainability; and (ii) any practice, technology, or strategy that reduces negative impacts on human health. (2) Country considerations In carrying out any activity under paragraph (1), to the extent practicable, the relevant existing and past military conflicts and cultural practices of, and beliefs prevalent in, the participating country shall be taken into account. (d) Strategy (1) In general Not later than September 30, 2024, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a strategy for the implementation of the Program. (2) Elements The strategy required by paragraph (1) shall include the following: (A) A governance structure for the Program, including— (i) the officials tasked to oversee the Program; (ii) the format of the governing body of the Program; (iii) the functions and duties of such governing body with respect to establishing and maintaining the Program; and (iv) mechanisms for coordinating with partner countries selected to participate in the Program. (B) With respect to the selection of partner countries initially selected to participate in the Program— (i) an identification of each such country; (ii) the rationale for selecting each such country, including a description of— (I) the benefits to the military forces of the partner country; and (II) the benefits to the United States Armed Forces of participation by such country; (iii) a description of any limitation on the participation of a selected partner country; and (iv) any other information the Secretary considers appropriate. (C) A list of additional authorities, appropriations, or other congressional support necessary to ensure the success of the Program. (D) A campaign of objectives for the first three fiscal years of the Program, including— (i) a description of, and a rationale for selecting, such objectives; (ii) an identification of milestones toward achieving such objectives; and (iii) metrics for evaluating success in achieving such objectives. (E) A description of opportunities and potential timelines for future Program expansion, as appropriate. (F) Any other information the Secretary considers appropriate. (3) Form The strategy required by paragraph (1) shall be submitted in unclassified form but may include a classified annex. (e) Report (1) In general Not later than September 20, 2025, and annually thereafter, the Secretary of Defense shall submit to the congressional defense committees a report on the Program. (2) Elements Each report required by paragraph (1) shall include the following: (A) A narrative summary of activities conducted as part of the Program during the preceding fiscal year. (B) Except in the case of the initial report, an assessment of progress toward the objectives established for the preceding fiscal year described in the preceding report under this subsection using the metrics established in such report. (C) A campaign of objectives for the three fiscal years following the date of submission of the report, including— (i) a description of, and a rationale for selecting, such objectives; (ii) an identification of milestones toward achieving such objectives; and (iii) metrics for evaluating success in achieving such objectives. (D) A description of opportunities and potential timelines for future Program expansion, as appropriate. (E) Any other information the Secretary considers appropriate. (3) Form Each report required by paragraph (1) shall be submitted in unclassified form but may include a classified annex. (f) Termination The Program shall terminate on December 31, 2029. (g) Contested logistics environment defined In this section, the term contested logistics environment 1393. Modification of support of special operations for irregular warfare (a) In general Chapter 3 section 127c 127d. Support of special operations for irregular warfare (a) Authority The Secretary of Defense may, with the concurrence of the relevant Chief of Mission, expend up to $20,000,000 during any fiscal year to provide support to foreign forces, irregular forces, groups, or individuals engaged in supporting or facilitating ongoing and authorized irregular warfare operations by United States Special Operations Forces. (b) Funds Funds for support under this section in a fiscal year shall be derived from amounts authorized to be appropriated for that fiscal year for the Department of Defense for operation and maintenance. (c) Procedures (1) In general The authority in this section shall be exercised in accordance with such procedures as the Secretary shall establish for purposes of this section. (2) Elements The procedures required under paragraph (1) shall establish, at a minimum, the following: (A) Policy guidance for the execution of, and constraints within, activities under the authority in this section. (B) The processes through which activities under the authority in this section are to be developed, validated, and coordinated, as appropriate, with relevant entities of the United States Government. (C) The processes through which legal reviews and determinations are made to comply with the authority in this section and ensure that the exercise of such authority is consistent with the national security of the United States. (D) The processes to ensure, to the extent practicable, that before a decision to provide support is made, the recipients of support do not pose a counterintelligence or force protection threat and have not engaged in gross violations of human rights. (E) The processes by which the Department shall keep the congressional defense committees fully and currently informed of— (i) the requirements for the use of the authority in this section; and (ii) activities conducted under such authority. (3) Notice to Congress on procedures and material modifications The Secretary shall notify the congressional defense committees of the procedures established pursuant to this section before any exercise of the authority in this section, and shall notify such committee of any material modification of the procedures. (d) Construction of authority Nothing in this section shall be construed to constitute a specific statutory authorization for any of the following: (1) The conduct of a covert action, as such term is defined in section 503(e) of the National Security Act of 1947 ( 50 U.S.C. 3093(e) (2) The introduction of United States Armed Forces (including as such term is defined in section 8(c) of the War Powers Resolution ( 50 U.S.C. 1547(c) (3) The provision of support to regular forces, irregular forces, groups, or individuals for the conduct of operations that United States Special Operations Forces are not otherwise legally authorized to conduct themselves. (4) The conduct or support of activities, directly or indirectly, that are inconsistent with the laws of armed conflict. (e) Limitation on delegation The authority of the Secretary to make funds available under this section for support of a military operation may not be delegated. (f) Programmatic and policy oversight The Assistant Secretary of Defense for Special Operations and Low-Intensity Conflict shall have primary programmatic and policy oversight within the Office of the Secretary of Defense of support to irregular warfare activities authorized by this section. (g) Notification (1) In general Not later than 15 days before exercising the authority in this section to make funds available to initiate support of an ongoing and authorized operation or changing the scope or funding level of any support under this section for such an operation by $500,000 or an amount equal to 10 percent of such funding level (whichever is less), the Secretary shall notify the congressional defense committees of the use of such authority with respect to such operation. Any such notification shall be in writing. (2) Elements A notification required by this subsection shall include the following: (A) The type of support to be provided to United States Special Operations Forces, and a description of the ongoing and authorized operation to be supported. (B) A description of the foreign forces, irregular forces, groups, or individuals engaged in supporting or facilitating the ongoing and authorized operation that is to be the recipient of funds. (C) The type of support to be provided to the recipient of the funds, and a description of the end-use monitoring to be used in connection with the use of the funds. (D) The amount obligated under the authority to provide support. (E) The duration for which the support is expected to be provided, and an identification of the timeframe in which the provision of support will be reviewed by the commander of the applicable combatant command for a determination with respect to the necessity of continuing such support. (F) The determination of the Secretary that the provision of support does not constitute any of the following: (i) An introduction of United States Armed Forces (including as such term is defined in section 8(c) of the War Powers Resolution ( 50 U.S.C. 1547(c) 50 U.S.C. 1544(b) (ii) A covert action, as such term is defined in section 503(e) of the National Security Act of 1947 ( 50 U.S.C. 3093(e) (iii) An authorization for the provision of support to regular forces, irregular forces, groups, or individuals for the conduct of operations that United States Special Operations Forces are not otherwise legally authorized to conduct themselves. (iv) The conduct or support of activities, directly or indirectly, that are inconsistent with the laws of armed conflict. (h) Notification of suspension or termination of support (1) In general Not later than 48 hours after suspending or terminating support to any foreign force, irregular force, group, or individual provided pursuant to the authority in this section, the Secretary shall submit to the congressional defense committees a written notice of such suspension or termination. (2) Elements The written notice required by paragraph (1) shall include each of the following: (A) A description of the reasons for the suspension or termination of such support. (B) A description of any effect on regional, theater, or global campaign plan objectives anticipated to result from such suspension or termination. (C) A plan for such suspension or termination, and, in the case of support that is planned to be transitioned to any other program of the Department of Defense or to a program of any other Federal department or agency, a detailed description of the transition plan, including the resources, equipment, capabilities, and personnel associated with such plan. (i) Biannual reports (1) Report on preceding fiscal year Not later than 120 days after the close of each fiscal year in which subsection (a) is in effect, the Secretary shall submit to the congressional defense committees a report on the support provided under this section during the preceding fiscal year. (2) Report on current calendar year Not later than 180 days after the submittal of each report required by paragraph (1), the Secretary shall submit to the congressional defense committees a report on the support provided under this section during the first half of the fiscal year in which the report under this paragraph is submitted. (3) Elements Each report required by this subsection shall include the following: (A) A summary of the ongoing irregular warfare operations, and associated authorized campaign plans, being conducted by United States Special Operations Forces that were supported or facilitated by foreign forces, irregular forces, groups, or individuals for which support was provided under this section during the period covered by such report. (B) A description of the support or facilitation provided by such foreign forces, irregular forces, groups, or individuals to United States Special Operations Forces during such period. (C) The type of recipients that were provided support under this section during such period, identified by authorized category (foreign forces, irregular forces, groups, or individuals). (D) A detailed description of the support provided to the recipients under this section during such period. (E) The total amount obligated for support under this section during such period, including budget details. (F) The intended duration of support provided under this section during such period. (G) An assessment of value of the support provided under this section during such period, including a summary of significant activities undertaken by foreign forces, irregular forces, groups, or individuals to support irregular warfare operations by United States Special Operations Forces. (H) The total amount obligated for support under this section in prior fiscal years. (j) Quarterly briefings (1) In general Not less frequently than quarterly, the Secretary shall provide to the congressional defense committees a briefing on the use of the authority provided by this section, and other matters relating to irregular warfare, with the primary purposes of— (A) keeping the congressional defense committees fully and currently informed of irregular warfare requirements and activities, including emerging combatant commands requirements; and (B) consulting with the congressional defense committees regarding such matters. (2) Elements Each briefing required by paragraph (1) shall include the following: (A) An update on irregular warfare activities within each geographic combatant command and a description of the manner in which such activities support the respective theater campaign plan and the National Defense Strategy. (B) An overview of relevant authorities and legal issues, including limitations. (C) An overview of irregular warfare-related interagency activities and initiatives. (D) A description of emerging combatant command requirements for the use of the authority provided by this section. (k) Irregular warfare defined Subject to subsection (f), in this section, the term irregular warfare . (b) Clerical amendment The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 127c the following new item: 127d. Support of special operations for irregular warfare. . (c) Repeal Section 1202 of the National Defense Authorization Act for Fiscal Year 2018 is repealed. 1394. Modification of authority for expenditure of funds for clandestine activities that support operational preparation of the environment Section 127f of title 10, United States Code, is amended— (1) by redesignating subsections (c), (d), (e), and (f) as subsections (d), (e), (g), and (h), respectively; (2) by inserting after subsection (b) the following new subsection (c): (c) Procedures (1) In general The authority in this section shall be exercised in accordance with such procedures as the Secretary shall establish for purposes of this section. (2) Elements The procedures required under paragraph (1) shall establish, at a minimum, each of the following: (A) Policy, strategy, or other guidance for the execution of, and constraints within, activities conducted under this section. (B) The processes through which activities conducted under this section are to be developed, validated, and coordinated, as appropriate, with relevant entities of the United States Government. (C) The processes through which legal reviews and determinations are made to comply with the authority in this section and ensure that the exercise of such authority is consistent with the national security interests of the United States. (D) The processes by which the Department of Defense shall keep the congressional defense committees fully and currently informed of— (i) the requirements for the use of the authority in this section; and (ii) activities conducted under such authority. (3) Notice to Congress The Secretary shall notify the congressional defense committees of any material modification to the procedures established under paragraph (1). ; (3) by inserting after subsection (e), as redesignated, the following new subsection (f): (f) Notification Not later than 15 days before exercising the authority in this section to make funds available to initiate a new operational preparation of the environment activity or changing the scope or funding level of any support for such an operation by $1,000,000 or an amount equal to 20 percent of such funding level (whichever is less), or not later than 48 hours after exercising such authority if the Secretary determines that extraordinary circumstances that impact the national security of the United States exist, the Secretary shall notify the congressional defense committees of the use of such authority with respect to that activity. Any such notification shall be in writing. ; and (4) by adding at the end the following new subsections: (i) Oversight by Assistant Secretary of Defense for Special Operations and Low Intensity Conflict The Assistant Secretary of Defense for Special Operations and Low Intensity Conflict shall have primary responsibility within the Office of the Secretary of Defense for oversight of policies and programs authorized by this section. (j) Construction of authority Nothing in this section may be construed to constitute authority to conduct, or provide statutory authorization for, any of the following: (1) Execution of operational activities. (2) A covert action, as such term is defined in section 503(e) of the National Security Act of 1947 ( 50 U.S.C. 3093(e) (3) An introduction of the armed forces, (including the introduction of United States Armed Forces as such term is defined in section 8(c) of the War Powers Resolution ( 50 U.S.C. 1547(c) 50 U.S.C. 1544(b) (4) Activities or support for activities, directly or indirectly, that are inconsistent with the laws of armed conflict. (k) Operational preparation of the environment defined In this section, the term operational preparation of the environment . 1395. Modification of initiative to support protection of national security academic researchers from undue influence and other security threats Section 1286 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( 10 U.S.C. 4001 (1) in subsection (c)— (A) by redesignating paragraphs (7) through (9) as paragraphs (8) through (10), respectively; (B) by inserting after paragraph (6) the following new paragraph (7): (7) Policies to limit or prohibit funding provided by the Department of Defense for institutions or individual researchers who knowingly contract or make other financial arrangements with entities identified in the list described in paragraph (9), which policies shall include— (A) use of such list as part of a risk assessment decision matrix during proposal evaluations, including the development of a question for proposers or broad area announcements that require proposers to disclose any contractual or financial connections with such entities; (B) a requirement that the Department shall notify a proposer of suspected noncompliance with a policy issued under this paragraph and provide not less than 30 days to take actions to remedy such noncompliance; (C) the establishment of an appeals procedure under which a proposer may appeal a negative decision on a proposal if the decision is based on a determination informed by such list; and (D) a requirement that each awardee of funding provided by the Department shall disclose to the Department any contract or financial arrangement made with such an entity during the period of the award. ; and (C) by adding at the end the following new paragraph: (11) Development of measures of effectiveness and performance to assess and track progress of the Department of Defense across the initiative, which measures shall include— (A) the evaluation of currently available data to support the assessment of such measures, including the identification of areas in which gaps exist that may require collection of completely new data, or modifications to existing data sets; (B) current means and methods for the collection of data in an automated manner, including the identification of areas in which gaps exist that may require new means for data collection or visualization of such data; and (C) the development of an analysis and assessment methodology framework to make tradeoffs between the measures developed under this paragraph and other metrics related to assessing undue foreign influence on the Department of Defense research enterprise, such as commercial due diligence, beneficial ownership, and foreign ownership, control, and influence. ; and (2) in subsection (e)(2), by adding at the end the following new subparagraph: (G) A description of the status of the measures of effectiveness and performance described in subsection (c)(11) for the period covered by such report, including an analytical assessment of the impact of such measures on the goals of the initiative. . 1396. Modification of authority for certain payments to redress injury and loss Section 1213(h) of the National Defense Authorization Act for Fiscal Year 2020 ( 10 U.S.C. 2731 (1) in paragraph (1), by redesignating subparagraphs (A) through (D) as clauses (i) through (iv), and moving such clauses, as redesignated, two ems to the right; (2) by redesignating paragraph (1) as subparagraph (A) and moving such subparagraph, as redesignated, two ems to the right; (3) by amending paragraph (2) to read as follows: (B) A description of any denied or refused ex gratia payment or request, including— (i) the date on which any such request was made; (ii) the steps the Department of Defense has taken to respond to the request; (iii) in the case of a refused payment, the reason for such refusal, if known; and (iv) any other reason for which a payment was not offered or made. ; (4) by redesignating paragraph (3) as subparagraph (C) and moving such subparagraph, as redesignated, two ems to the right; (5) by striking Not later than (1) In general Not later than ; and (6) by adding at the end the following new paragraph (2): (2) Public availability (A) In general Not later than 15 days after the date on which the Secretary of Defense submits each report required by paragraph (1), the Secretary shall make the report available to the public in an electronic format. (B) Privacy The Secretary of Defense shall exclude from each report made available to the public under subparagraph (A)— (i) confidential or personally identifiable information pertaining to specific payment recipients so as to ensure the safety and privacy of such recipients; and (ii) any confidential or classified information that would undermine Department of Defense operational security. . 1397. Modification of authority for cooperation on directed energy capabilities (a) Program authorization Section 1280 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 22 U.S.C. 8606 (1) in subsection (d), in the first sentence— (A) by inserting acting through the Under Secretary of Defense for Research and Engineering, the Secretary of Defense, (B) by striking may establish a program is authorized (2) by adding at the end the following new subsection: (e) Notification (1) In general Not later than 120 days after the date of the enactment of this Act, the Under Secretary of Defense for Research and Engineering shall submit to the appropriate committees of Congress an assessment detailing— (A) the most promising directed energy missile defense technologies available for co-development with the Government of Israel; (B) any risks relating to the implementation of a directed energy missile defense technology co-development program with the Government of Israel; (C) an anticipated spending plan for fiscal year 2024 funding authorized by the National Defense Authorization Act for Fiscal Year 2024 to carry out this section; and (D) initial projections for likely funding requirements to carry out a directed energy missile defense technology co-development program with the Government of Israel over the five fiscal years beginning after the date of the enactment of that Act, as applicable. (2) Appropriate committees of Congress defined In this subsection, the term appropriate committees of Congress (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. . (b) Additional funding The amount authorized to be appropriated for fiscal year 2024 by section 4201 for research, development, test, and evaluation for Advanced Component Development and Prototypes is hereby increased by $25,000,000, with the amount of the increase to be available for Israeli Cooperative Programs (PE 0603913C). (c) Offset The amount authorized to be appropriated for fiscal year 2024 by section 4201 for research, development, test, and evaluation for the Air Force is hereby decreased by $25,000,000, with the amount of the decrease to be taken from the amounts available for VC–25B (PE 0401319F). 1398. Modification of Arctic Security Initiative Section 1090(b)(2) of the National Defense Authorization Act for Fiscal Year 2022 ( Public Law 117–81 (1) in subparagraph (A), by striking the Secretary may the Secretary shall (2) in subparagraph (B)(i), by striking If the Initiative is established On the establishment of the Initiative 1399. Termination of authorization of non-conventional assisted recovery capabilities Section 943(g) of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 ( Public Law 110–417 (g) Termination The authority under this section shall terminate on December 31, 2023. . 1399A. 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 1273. Prohibition on in-flight refueling to non-United States aircraft that engage in hostilities in the ongoing civil war in Yemen For the one-year period beginning on the date of the enactment of the National Defense Authorization Act for Fiscal Year 2024, 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 the United States Armed Forces has been enacted. . 1399B. Extension of United States-Israel anti-tunnel cooperation Section 1279(f) of the National Defense Authorization Act for Fiscal Year 2016 ( 22 U.S.C. 8606 December 31, 2024 December 31, 2026 1399C. 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) In general 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 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 with a certification with respect to whether each such designation remains valid. (c) Waiver (1) In general The Secretary may waive the prohibition under subsection (a) if the Secretary determines that there are compelling circumstances that necessitate the waiver of such prohibition. (2) Notice Not later than 48 hours after the Secretary exercises the waiver authority under paragraph (1), the Secretary shall submit to the congressional defense committees a notice of the waiver, which shall include— (A) a description of the compelling circumstances that necessitated the wavier; (B) a description of the United States national security interests served by the waiver; (C) an identification of any named operation related to the waiver; and (D) an articulation of any temporal, geographic, or other limitations on the waiver. (d) 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. (e) Collective self-defense defined In this section, the term collective self-defense 1399D. Participation by military departments in interoperability programs with military forces of Australia, Canada, New Zealand, and the United Kingdom (a) In general Section 1274 of the National Defense Authorization Act for Fiscal Year 2013 ( 10 U.S.C. 2350a (1) in the section heading, by striking Administration of the American, British, Canadian, and Australian Armies' Program Participation by military departments in interoperability programs with military forces of Australia, Canada, New Zealand, and the United Kingdom (2) in subsection (a)— (A) by inserting a military department of the participation by (B) by striking the land-force program known as the American, British, Canadian, and Australian Armies’ Program an interoperability program with the military forces of one or more participating countries specified in subsection (b) (b) Clerical amendments (1) The table of contents of the National Defense Authorization Act for Fiscal Year 2013 ( Public Law 112–239 Sec. 1274. Participation by military departments in interoperability programs with military forces of Australia, Canada, New Zealand, and the United Kingdom. . (2) The table of contents for title XII of the National Defense Authorization Act for Fiscal Year 2013 ( Public Law 112–239 Sec. 1274. Participation by military departments in interoperability programs with military forces of Australia, Canada, New Zealand, and the United Kingdom. . 1399E. Cooperation with allies and partners in Middle East on development of integrated regional cybersecurity architecture (a) Cooperation (1) In general The Secretary of Defense, using existing authorities and in consultation with the head of any other Federal agency, as appropriate, shall seek to cooperate with allies and partners in the Middle East with respect to developing an integrated regional cybersecurity architecture and deepening military cybersecurity partnerships to defend military networks, infrastructure, and systems against hostile cyber activity. (2) Protection of sensitive information Any activity carried out under paragraph (1)shall be conducted in a manner that— (A) is consistent with the protection of intelligence sources and methods; and (B) appropriately protects sensitive information and the national security interests of the United States. (b) Strategy (1) In general Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretary of State, shall submit to the appropriate committees of Congress a strategy for cooperation with allies and partners in the Middle East to develop an integrated regional cybersecurity architecture to defend military networks, infrastructure, and systems against hostile cyber activity. (2) Elements The strategy submitted under paragraph (1) shall include the following: (A) An assessment of the threat landscape of cyberattacks, military networks, infrastructure, and systems against allies and partners within the Middle East. (B) A description of current efforts to share, between the United States and allies and partners within the Middle East, indicators and warnings, tactics, techniques, procedures, threat signatures, planning efforts, training, and other similar information about cyber threats. (C) An analysis of current bilateral and multilateral defense protocols protecting military networks, infrastructure, and systems and sharing sensitive cyber threat information between the United States and allies and partners in the Middle East. (D) An assessment of whether a multinational integrated military cybersecurity partnership, including establishing a center in the Middle East to facilitate such activities, would improve collective security in the Middle East. (E) An assessment of gaps in ally and partner capabilities that would have to be remedied in order to establish such a center. (F) A description of any prior or ongoing effort to engage allies and partners in the Middle East in establishing— (i) a multinational integrated cybersecurity partnership or other bilateral or multilateral defensive cybersecurity information sharing and training partnership; or (ii) other cooperative defensive cybersecurity measures. (G) An identification of elements of a potential multinational military cybersecurity partnership, or other bilateral or multilateral defensive cybersecurity measures, that— (i) can be acquired and operated by specified foreign partners within the area of responsibility of the United States Central Command; (ii) can only be provided and operated by the United States; and (iii) can be provided by a third party entity contracted by the United States Central Command jointly with specified foreign partners. (H) Any other matter the Secretary of Defense considers relevant. (3) Form The strategy required by paragraph (1) shall be submitted in unclassified form but may include a classified annex. (c) Appropriate committees of Congress defined In this section, the term appropriate committees of Congress (1) the Committee on Armed Services, the Committee on Appropriations, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate; and (2) the Committee on Armed Services, the Committee on Appropriations, the Committee on Foreign Affairs, and the Permanent Select Committee on Intelligence of the House of Representatives. 1399F. Foreign Advance Acquisition Account (a) Establishment The Secretary of Defense may establish, within the Special Defense Acquisition Fund established pursuant to chapter 5 of the Arms Export Control Act ( 22 U.S.C. 2795 et seq. Foreign Advance Acquisition Account Account (b) Use of funds Amounts in the Account shall be made available to the Secretary of Defense for the following purposes: (1) To finance the acquisition, using the procedures of the Special Defense Acquisition Fund, of defense articles and services in advance of the transfer of such articles and services to covered countries through the foreign military sales process. (2) To provide a mechanism for covered countries to contribute funds, including before the completion of a letter of offer under the procedures of the Arms Export Control Act ( 22 U.S.C. 2751 et seq. (3) To pay for storage, maintenance, and other costs related to the storage, preservation, and preparation for transfer of defense articles and services acquired using amounts in the Account prior to their transfer, and to pay for the administrative costs of the Department of Defense incurred in the acquisition of such items to the extent not reimbursed pursuant to section 43(b) of the Arms Export Control Act ( 22 U.S.C. 2792(b) (c) Contributions from covered countries The Secretary of Defense may accept contributions of amounts to the Account from any foreign person, entity, or government of a covered country. (d) Limitations (1) Applicability of other law Defense articles and services acquired by the Secretary of Defense using amounts in the Account may not be transferred to any foreign country unless such transfer is authorized by the Arms Export Control Act ( 22 U.S.C. 2751 et seq. 22 U.S.C. 2151 et seq. (2) Previously denied funds Amounts in the Account may not be expended, in whole or in part, by or for the benefit of the Department of Defense for a purpose for which Congress has previously denied funds. (3) Additional limitation Amounts in the Account may not be used to acquire items or services for the sole benefit of the United States. (e) Annual report Not later than 60 days after the date on which each fiscal year ends, the Secretary of Defense shall submit to the appropriate committees of Congress a report on the use of the Account that includes, for such fiscal year— (1) an identification of each covered country that contributed to the Account; (2) the amount deposited into the Account by each such covered country; and (3) for each such covered country, the designated defense articles or services acquired or to be acquired. (f) Quarterly report Not later than 90 days after the date of the enactment of this Act, and quarterly thereafter, the Secretary of Defense shall submit to the appropriate committees of Congress a report on the use of the Account that includes, for each transaction— (1) a description of the transaction; (2) the amount of the transaction; (3) the covered country concerned; (4) an identification of any storage, maintenance, or other costs associated with the transaction; and (5) the anticipated date of delivery of the applicable defense articles or services. (g) Termination The authority under subsection (b) to use funds in the Account shall terminate on January 1, 2028. (h) Rule of construction Nothing in this section shall be construed to limit or impair the responsibilities conferred on the Secretary of State or the Secretary of Defense under the Arms Export Control Act ( 22 U.S.C. 2751 et seq. 22 U.S.C. 2151 et seq. (i) Definitions In this section: (1) Appropriate committees of Congress The term appropriate committees of Congress (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) Covered country The term covered country (A) a country, other than the United States, that is a participant in the security partnership among Australia, the United Kingdom, and the United States (commonly known as the AUKUS (B) a member country of the North Atlantic Treaty Organization; and (C) any other country, as designated by the Secretary of Defense. 1399G. Limitation on availability of funds for travel expenses of the Office of the Secretary of Defense Of the funds authorized to be appropriated by this Act for fiscal year 2024 for operation and maintenance, Defense-wide, and available for the Office of the Secretary of Defense for travel expenses, not more than 75 percent may be obligated or expended until the Secretary of Defense submits— (1) the implementation plan required by section 1087 of the National Defense Authorization Act for Fiscal Year 2023 ( Public Law 117–263 10 U.S.C. 161 (2) the plan required by section 1332(g)(2) of the National Defense Authorization Act for Fiscal Year 2022 ( Public Law 117–81 (3) the strategy and posture review required by section 1631(g) of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 10 U.S.C. 397 1399H. Plans related to rapid transfer of certain missiles and defense capabilities (a) In general The Assistant Secretary of the Navy for Research, Development and Acquisition shall— (1) develop a plan to prepare Navy Harpoon block IC missiles in a sundown deep stow demilitarized (2) establish a plan that would enable the rapid transfer of additional enhanced coastal defense capabilities that have tactical significance in assisting partners and allies in reclaiming sovereign territory, deterring maritime resupply of illegally seized territory, or aiding in preventing an amphibious invasion of sovereign territory. (b) Submission to Congress Not later than 90 days after the date of the enactment of this Act, the Assistant Secretary shall submit to the congressional defense committees the plans required by paragraphs (1) and (2) of subsection (a). 1399I. Ensuring peace through strength in Israel (a) Extension of authorities (1) War reserves stockpile authority Section 12001(d) of the Department of Defense Appropriations Act, 2005 ( Public Law 108–287 September 30, 2025 January 1, 2028 (2) Rules governing the transfer of precision-guided munitions to Israel above the annual restriction Section 1275(e) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 22 U.S.C. 2321h on the date that is three years after the date of the enactment of this Act on January 1, 2028 (b) Department of Defense assessment of type and quantity of precision-guided munitions and other munitions for use by Israel (1) In general Not later than 180 days after the date of the enactment of this Act, and annually thereafter through December 31, 2028, the Secretary of Defense shall conduct an assessment with respect to the following: (A) The current quantity and type of precision-guided munitions in the stockpile pursuant to section 12001(d) of the Department of Defense Appropriations Act, 2005 ( Public Law 108–287 (B) The quantity and type of precision-guided munitions necessary for Israel to protect its homeland and counter Hezbollah, Hamas, Palestinian Islamic Jihad, or any other armed terror group or hostile forces in the region in the event of a sustained armed confrontation. (C) The quantity and type of other munitions necessary for Israel to protect its homeland and counter Hezbollah, Hamas, Palestinian Islamic Jihad, or any other armed group or hostile forces in the region in the event of a sustained armed confrontation. (D) The quantity and type of munitions, including precision-guided munitions, necessary for Israel to protect its homeland and counter any combination of Hezbollah, Hamas, Palestinian Islamic Jihad, and any other armed terror groups or hostile forces in the region in the event of a multi-front, sustained armed confrontation. (E) The resources the Government of Israel would need to dedicate to acquire the quantity and type of munitions, including precision-guided munitions, described in subparagraphs (B) through (D). (F) Whether, as of the date on which the applicable assessment is completed, sufficient quantities and types of munitions, including precision-guided munitions, to conduct operations described in subparagraphs (B) through (D) are present in— (i) the inventory of the military forces of Israel; (ii) the War Reserves Stock Allies-Israel; (iii) any other United States stockpile or depot within the area of responsibility of United States Central Command, as the Secretary considers appropriate to disclose to the Government of Israel; or (iv) the inventory of the United States Armed Forces, as the Secretary considers appropriate to disclose to the Government of Israel. (G) The current inventory of such munitions, including precision-guided munitions, possessed by the United States, and whether, as of the date on which the applicable assessment is completed, the United States is assessed to have sufficient munitions to meet the requirements of current operation plans of the United States or global other munitions requirements. (H) United States planning and steps being taken— (i) to assist Israel to prepare for the contingencies, and to conduct the operations, described in subparagraphs (B) through (D); and (ii) to resupply Israel with the quantity and type of such munitions described in such subparagraphs in the event of a sustained armed confrontation described in such subparagraphs. (I) The quantity and pace at which the United States is capable of pre-positioning, increasing, stockpiling, or rapidly replenishing, or assisting in the rapid replenishment of, such munitions in preparation for, and in the event of, such a sustained armed confrontation. (2) Consultation In carrying out the assessment required by paragraph (1), the Secretary shall consult with the Israeli Ministry of Defense, provided that the Israeli Ministry of Defense agrees to be so consulted. (c) Reports (1) Department of Defense assessment Not later than 15 days after the date on which each Department of Defense assessment required by subsection (b) is completed, the Secretary shall submit to the appropriate committees of Congress a report on such assessment. (2) Pre-positioning and stockpile implementation report Not later than 180 days after the date on which the report required by paragraph (1) is submitted, and every 180 days thereafter through December 31, 2028, the Secretary shall submit to the appropriate committees of Congress a report that— (A) details the actions being taken by the United States, if any, to pre-position, increase, stockpile, address shortfalls, and otherwise ensure that the War Reserves Stock Allies-Israel has, and assist Israel in ensuring that Israel has, sufficient quantities and types of munitions, including precision-guided munitions, to conduct the operations described in subparagraphs (B) through (D) of subsection (b)(1); and (B) includes a description of procedures implemented by the United States, if any, for rapidly replenishing, or assisting in the rapid replenishment of, stockpiles of such munitions for use by Israel as may be necessary. (3) Form The report required by paragraph (1) shall be submitted in unclassified form but may contain a classified annex. (4) Appropriate committees of Congress defined In this subsection, the term appropriate committees of Congress (A) the Committee on Foreign Relations and the Committee on Armed Services of the Senate; and (B) the Committee on Foreign Affairs and the Committee on Armed Services of the House of Representatives. (d) Consolidation of reports (1) Section 1273 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 (2) Section 1275 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 22 U.S.C. 2321h 1399J. Improvements to security cooperation workforce and defense acquisition workforce (a) Responsibilities of Secretary of Defense (1) In general The Secretary of Defense shall, consistent with the requirements of section 384 of title 10, United States Code, as amended by section 1209 of this Act— (A) carry out activities to professionalize, and increase the resources available to, the security cooperation workforce so as to enable the streamlining and expediting of the foreign military sales process; and (B) seek to ensure that— (i) members of the defense acquisition workforce involved in the foreign military sales process are aware of evolving United States regional and country-level defense capability-building priorities; and (ii) members of the defense acquisition workforce are professionally evaluated using metrics to measure— (I) responsiveness to foreign partner requests; (II) ability to meet foreign partner capability and delivery schedule requirements; and (III) advancement of foreign capability-building priorities described in the guidance updated under subsection (b). (2) Report Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the resources necessary to implement paragraph (1), including— (A) the anticipated costs of new personnel and training to carry out such paragraph; (B) the estimated increase in foreign military sales administrative user fees necessary to offset such costs; and (C) the feasibility and advisability of establishing, at the Department of Defense level or the military department level, a contracting capacity that— (i) is specific to the execution of contracts for foreign military sales; (ii) is fully funded by the Defense Security Cooperation Agency using foreign military sales administrative funds so as to ensure that such capacity is dedicated solely to foreign military sales contracting; (iii) is monitored by the Defense Security Cooperation Agency Chief Performance Office, in coordination with the Under Secretary of Defense for Acquisition and Sustainment, to ensure effectiveness in meeting foreign military sales contracting requirements; and (iv) empowers the Director of the Defense Security Cooperation Agency, in coordination with the Under Secretary of Defense for Policy and the Under Secretary of Defense for Acquisition and Sustainment, to increase or decrease foreign military sales contracting capacity through the guidance updated under subsection (b). (b) Guidance (1) In general Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall update, as necessary, Department of Defense guidance governing the execution of foreign military sales by the Department to ensure that such guidance— (A) incorporates the National Security Strategy and the National Defense Strategy; (B) is informed by the theater campaign plans and theater security cooperation strategies of the combatant commands; and (C) is disseminated to the security cooperation workforce and the defense acquisition workforce. (2) Elements The updated guidance required by paragraph (1) shall— (A) identify— (i) regional and country-level foreign defense capability-building priorities; and (ii) levels of urgency and desired timelines for achieving foreign capability-building objectives; and (B) provide guidance to the defense acquisition workforce regarding levels of resourcing, innovation, and risk tolerance that should be considered in meeting urgent needs. (c) Foreign Military Sales Continuous Process Improvement Board (1) Establishment The Secretary of Defense may establish a Foreign Military Sales Continuous Process Improvement Board (in this section referred to as the Board (A) improving the understanding, among officials of the Department, of ally and partner requirements; (B) enabling efficient reviews for release of technology; (C) providing allies and partner countries with relevant priority equipment; (D) accelerating acquisition and contracting support; (E) expanding the capacity of the defense industrial base; and (F) working with other departments and agencies to promote broad United States Government support. (2) Membership (A) In general The Board shall be composed of not fewer than seven members, each of whom shall have expertise in the foreign military sales process. (B) Restriction The Board may not have as a member— (i) an officer or employee of the Department of Defense; or (ii) a member of the United States Armed Forces. (d) Definitions In this section: (1) Defense acquisition workforce The term defense acquisition workforce chapter 87 (2) Security cooperation workforce The term security cooperation workforce 1399K. Modification of foreign military sales processing (a) Responses (1) Letters of request for pricing and availability The Secretary of Defense shall seek to ensure that an eligible foreign purchaser that has submitted a letter of request for pricing and availability data receives a response to the letter not later than 45 days after the date on which the letter is received by a United States security cooperation organization, the Defense Security Cooperation Agency, or other implementing agency. (2) Letters of request for letters of offer and acceptance The Secretary of Defense shall seek to ensure that an eligible foreign purchaser that has submitted a letter of request for a letter of offer and acceptance receives a response— (A) in the case of a letter of request for a blanket-order letter of offer and acceptance, cooperative logistics supply support arrangements, or associated amendments and modifications, not later than 45 days after the date on which the letter of request is received by a United States security cooperation organization, the Defense Security Cooperation Agency, or other implementing agency; (B) in the case of a letter of request for a defined-order letter of offer and acceptance or associated amendments and modifications, not later than 100 days after such date; and (C) in the case of a letter of request for a defined-order letter of offer and acceptance or associated amendments that involve extenuating factors, as approved by the Director of the Defense Security Cooperation Agency, not later than 150 days after such date. (3) Waiver The Secretary of Defense may waive paragraphs (1) and (2) if— (A) such a waiver is in the national security interests of the United States; and (B) not later than 5 days after exercising such waiver authority, the Secretary provides to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives notice of the exercise of such authority, including an explanation of the one or more reasons for failing to meet the applicable deadline. (b) Expansion of country prioritization With respect to foreign military sales to member countries of the North Atlantic Treaty Organization, major non-NATO allies, major defense partners, and major security partners, the Secretary of Defense may assign a Defense Priorities and Allocations System order rating of DX (within the meaning of section 700.11 of title 15, Code of Federal Regulations (as in effect on the date of the enactment of this Act)). (c) Definitions In this section: (1) Blanket-order letter of offer and acceptance The term blanket-order letter of offer and acceptance (A) does not include a definitive listing of items or quantities; and (B) specifies a maximum dollar amount against which orders for defense articles and services may be placed. (2) Cooperative logistics supply support arrangement The term cooperative logistics supply support arrangement (3) Defined-order letter of offer and acceptance The term defined-order letter of offer and acceptance (4) Implementing agency The term implementing agency (A) preparing a letter of offer and acceptance; (B) implementing a foreign military sales case; and (C) carrying out the overall management of the activities that— (i) will result in the delivery of the defense articles or services set forth in the letter of offer and acceptance; and (ii) was accepted by an eligible foreign purchaser. (5) Letter of request The term letter of request (A) means a written document— (i) submitted to a United States security cooperation organization, the Defense Security Cooperation Agency, or an implementing agency by an eligible foreign purchaser for the purpose of requesting to purchase or otherwise obtain a United States defense article or defense service through the foreign military sales process; and (ii) that contains all relevant information in such form as may be required by the Secretary of Defense; and (B) includes— (i) a formal letter; (ii) an e-mail; (iii) signed meeting minutes from a recognized official of the government of an eligible foreign purchaser; and (iv) any other form of written document, as determined by the Secretary of Defense or the Director of the Defense Security Cooperation Agency. (6) Major defense partner The term major defense partner (A) India; and (B) any other country, as designated by the Secretary of Defense. (7) Major non-NATO ally The term major non-NATO ally (A) has the meaning given the term in section 644 of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2403 (B) includes Taiwan, as required by section 1206 of the Security Assistance Act of 2002 ( Public Law 107–228 (8) Major security partner The term major security partner (A) the United Arab Emirates; (B) Bahrain; (C) Saudi Arabia; and (D) any other country, as designated by the Secretary of Defense, in consultation with the Secretary of State and the Director of National Intelligence. 1399L. Ending China's developing nation status (a) Short title This section may be cited as the Ending China's Developing Nation Status Act (b) Finding; statement of policy (1) Finding Congress finds that the People’s Republic of China is still classified as a developing nation under multiple treaties and international organization structures, even though China has grown to be the second largest economy in the world. (2) Statement of policy It is the policy of the United States— (A) to oppose the labeling or treatment of the People’s Republic of China as a developing nation in current and future treaty negotiations and in each international organization of which the United States and the People’s Republic of China are both current members; (B) to pursue the labeling or treatment of the People’s Republic of China as a developed nation in each international organization of which the United States and the People’s Republic of China are both current members; and (C) to work with allies and partners of the United States to implement the policies described in paragraphs (1) and (2). (c) Definitions In this section: (1) Appropriate committees of congress The term appropriate committees of Congress (A) the Committee on Foreign Relations of the Senate Committee on Foreign Affairs of the House of Representatives (i) reports produced by the Secretary of State; and (ii) a waiver exercised pursuant to subsection (f)(2), except with respect to any international organization for which the United States Trade Representative is the chief representative of the United States; and (B) the Committee on Finance of the Senate Committee on Ways and Means of the House of Representatives (i) reports produced by the United States Trade Representative; and (ii) a waiver exercised pursuant to subsection (f)(2) with respect to any international organization for which the United States Trade Representative is the chief representative of the United States. (2) Secretary (A) In general Except as provided in subparagraph (B), the term Secretary (B) Exception The term Secretary (d) Report on development status in current treaty negotiations Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit a report to the appropriate committees of Congress that— (1) identifies all current treaty negotiations in which— (A) the proposed treaty would provide for different treatment or standards for enforcement of the treaty based on respective development status of the states that are party to the treaty; and (B) the People's Republic of China is actively participating in the negotiations, or it is reasonably foreseeable that the People's Republic of China would seek to become a party to the treaty; and (2) for each treaty negotiation identified pursuant to paragraph (1), describes how the treaty under negotiation would provide different treatment or standards for enforcement of the treaty based on development status of the states parties. (e) Report on development status in existing organizations and treaties Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit a report to the appropriate committees of Congress that— (1) identifies all international organizations or treaties, of which the United States is a member, that provide different treatment or standards for enforcement based on the respective development status of the member states or states parties; (2) describes the mechanisms for changing the country designation for each relevant treaty or organization; and (3) for each of the organizations or treaties identified pursuant to paragraph (1)— (A) includes a list of countries that— (i) are labeled as developing nations or receive the benefits of a developing nation under the terms of the organization or treaty; and (ii) meet the World Bank classification for upper middle income or high-income countries; and (B) describes how the organization or treaty provides different treatment or standards for enforcement based on development status of the member states or states parties. (f) Mechanisms for changing development status (1) In general In any international organization of which the United States and the People's Republic of China are both current members, the Secretary, in consultation with allies and partners of the United States, shall pursue— (A) changing the status of the People's Republic of China from developing nation to developed nation if a mechanism exists in such organization to make such status change; or (B) proposing the development of a mechanism described in paragraph (1) to change the status of the People's Republic of China in such organization from developing nation to developed nation. (2) Waiver The President may waive the application of subparagraph (A) or (B) of paragraph (1) with respect to any international organization if the President notifies the appropriate committees of Congress that such a waiver is in the national interests of the United States. 1399M. Sharing of information with respect to suspected violations of intellectual property rights Section 628A of the Tariff Act of 1930 ( 19 U.S.C. 1628a (1) in subsection (a)(1), by inserting , packing materials, shipping containers, its packaging (2) in subsection (b)— (A) in paragraph (3), by striking ; and (B) in paragraph (4), by striking the period at the end and inserting ; and (C) by adding at the end the following: (5) any other party with an interest in the merchandise, as determined appropriate by the Commissioner. . 1399N. Foreign port security assessments (a) Short title This section may be cited as the International Port Security Enforcement Act (b) In general Section 70108 of title 46, United States Code, is amended— (1) in subsection (f)— (A) in paragraph (1), by striking provided that (A) the Secretary certifies that the foreign government or international organization— (i) has conducted the assessment in accordance with subsection (b); and (ii) has provided the Secretary with sufficient information pertaining to its assessment (including information regarding the outcome of the assessment); and (B) the foreign government that conducted the assessment is not a state sponsor of terrorism (as defined in section 3316(h). ; and (B) by amending paragraph (3) to read as follows: (3) Limitations Nothing in this section may be construed— (A) to require the Secretary to treat an assessment conducted by a foreign government or an international organization as an assessment that satisfies the requirement under subsection (a); (B) to limit the discretion or ability of the Secretary to conduct an assessment under this section; (C) to limit the authority of the Secretary to repatriate aliens to their respective countries of origin; or (D) to prevent the Secretary from requesting security and safety measures that the Secretary considers necessary to safeguard Coast Guard personnel during the repatriation of aliens to their respective countries of origin. ; and (2) by adding at the end the following: (g) State sponsors of terrorism and international terrorist organizations The Secretary— (1) may not enter into an agreement under subsection (f)(2) with— (A) a foreign government that is a state sponsor of terrorism; or (B) a foreign terrorist organization; and (2) shall— (A) deem any port that is under the jurisdiction of a foreign government that is a state sponsor of terrorism as not having effective antiterrorism measures for purposes of this section and section 70109; and (B) immediately apply the sanctions described in section 70110(a) to such port. . 1399O. Legal preparedness for servicemembers abroad (a) Review required Not later than December 31, 2024, the Secretary of State, in coordination with the Secretary of Defense, shall— (1) review the 10 largest foreign countries by United States Armed Forces presence and evaluate local legal systems, protections afforded by bilateral agreements between the United States and countries being evaluated, and how the rights and privileges afforded under such agreements may differ from United States law; and (2) brief the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives and the Committee on Armed Services and the Committee on Foreign Relations of the Senate on the findings of the review. (b) Training required The Secretary of Defense shall review and improve as necessary training and educational materials for members of the Armed Forces, their spouses, and dependents, as appropriate, who are stationed in a country reviewed pursuant to subsection (a)(1) regarding relevant foreign laws, how such foreign laws may differ from the laws of the United States, and the rights of accused in common scenarios under such foreign laws. (c) Translation standards and readiness The Secretary of Defense, in coordination with the Secretary of State, shall review foreign language standards for servicemembers and employees of the Department of Defense and Department of State who are responsible for providing foreign language translation services in situations involving foreign law enforcement where a servicemember may be being detained, to ensure such persons maintain an appropriate proficiency in the legal terminology and meaning of essential terms in a relevant language. H Limitation on withdrawal from NATO 1399AA. Opposition of Congress to suspension, termination, denunciation, or withdrawal from North Atlantic Treaty The President shall not suspend, terminate, denounce, or withdraw the United States from the North Atlantic Treaty, done at Washington, DC, April 4, 1949, except by and with the advice and consent of the Senate, provided that two-thirds of the Senators present concur, or pursuant to an Act of Congress. 1399BB. Limitation on the use of funds No funds authorized or appropriated by any Act may be used to support, directly or indirectly, any decision on the part of any United States Government official to suspend, terminate, denounce, or withdraw the United States from the North Atlantic Treaty, done at Washington, DC, April 4, 1949, until such time as both the Senate and the House of Representatives pass, by an affirmative vote of two-thirds of Members, a joint resolution approving the withdrawal of the United States from the treaty, or pursuant to an Act of Congress. 1399CC. Notification of treaty action (a) Consultation Prior to the notification described in subsection (b), the President shall consult with the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives in relation to any initiative to suspend, terminate, denounce, or withdraw the United States from the North Atlantic Treaty. (b) Notification The President shall notify the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives in writing of any deliberation or decision to suspend, terminate, denounce, or withdraw the United States from the North Atlantic Treaty, as soon as possible but in no event later than 180 days prior to taking such action. 1399DD. Authorization of Legal Counsel to represent Congress (a) In general By adoption of a resolution of the Senate or the House of Representatives, respectively, the Senate Legal Counsel or the General Counsel to the House of Representatives may be authorized to initiate, or intervene in, in the name of the Senate or the House of Representatives, as the case may be, independently, or jointly, any judicial proceedings in any Federal court of competent jurisdiction in order to oppose any action to suspend, terminate, denounce, or withdraw the United States from the North Atlantic Treaty in a manner inconsistent with this subtitle. (b) Consideration Any resolution or joint resolution introduced relating to any action to suspend, terminate, denounce or withdraw the United States from the North Atlantic Treaty and introduced pursuant to section 4(a) of this title shall be considered in accordance with the procedures of section 601(b) of the International Security Assistance and Arms Export Control Act of 1976 ( Public Law 94–329 1399EE. Reporting requirement Any legal counsel operating pursuant to section 1299R shall report as soon as practicable to the Committee on Foreign Relations of the Senate or the Committee on Foreign Affairs of the House of Representatives with respect to any judicial proceedings which the Senate Legal Counsel or the General Counsel to the House of Representatives, as the case may be, initiates or in which it intervenes pursuant to section 1299R. 1399FF. Rule of construction Nothing in this subtitle shall be construed to authorize, imply, or otherwise indicate that the President may suspend, terminate, denounce, or withdraw from any treaty to which the Senate has provided its advice and consent without the advice and consent of the Senate to such act or pursuant to an Act of Congress. 1399GG. Severability If any provision of this subtitle or the application of such provision is held by a Federal court to be unconstitutional, the remainder of this subtitle and the application of such provisions to any other person or circumstance shall not be affected thereby. 1399HH. Definitions In this subtitle, the terms withdrawal denunciation suspension termination I Combating global corruption 1399AAA. Short title This subtitle may be cited as the Combating Global Corruption Act 1399BBB. Definitions In this subtitle: (1) Corrupt actor The term corrupt actor (A) any foreign person or entity that is a government official or government entity responsible for, or complicit in, an act of corruption; and (B) any company, in which a person or entity described in subparagraph (A) has a significant stake, which is responsible for, or complicit in, an act of corruption. (2) Corruption The term corruption (3) Significant corruption The term significant corruption (A) Illegitimately distorts major decision-making, such as policy or resource determinations, or other fundamental functions of governance. (B) Involves economically or socially large-scale government activities. 1399CCC. Publication of tiered ranking list (a) In general The Secretary of State shall annually publish, on a publicly accessible website, a tiered ranking of all foreign countries. (b) Tier 1 countries A country shall be ranked as a tier 1 country in the ranking published under subsection (a) if the government of such country is complying with the minimum standards set forth in section 1299R. (c) Tier 2 countries A country shall be ranked as a tier 2 country in the ranking published under subsection (a) if the government of such country is making efforts to comply with the minimum standards set forth in section 1299R, but is not achieving the requisite level of compliance to be ranked as a tier 1 country. (d) Tier 3 countries A country shall be ranked as a tier 3 country in the ranking published under subsection (a) if the government of such country is making de minimis or no efforts to comply with the minimum standards set forth in section 1299R. 1399DDD. Minimum standards for the elimination of corruption and assessment of efforts to combat corruption (a) In general The government of a country is complying with the minimum standards for the elimination of corruption if the government— (1) has enacted and implemented laws and established government structures, policies, and practices that prohibit corruption, including significant corruption; (2) enforces the laws described in paragraph (1) by punishing any person who is found, through a fair judicial process, to have violated such laws; (3) prescribes punishment for significant corruption that is commensurate with the punishment prescribed for serious crimes; and (4) is making serious and sustained efforts to address corruption, including through prevention. (b) Factors for assessing government efforts To combat corruption In determining whether a government is making serious and sustained efforts to address corruption, the Secretary of State shall consider, to the extent relevant or appropriate, factors such as— (1) whether the government of the country has criminalized corruption, investigates and prosecutes acts of corruption, and convicts and sentences persons responsible for such acts over which it has jurisdiction, including, as appropriate, incarcerating individuals convicted of such acts; (2) whether the government of the country vigorously investigates, prosecutes, convicts, and sentences public officials who participate in or facilitate corruption, including nationals of the country who are deployed in foreign military assignments, trade delegations abroad, or other similar missions, who engage in or facilitate significant corruption; (3) whether the government of the country has adopted measures to prevent corruption, such as measures to inform and educate the public, including potential victims, about the causes and consequences of corruption; (4) what steps the government of the country has taken to prohibit government officials from participating in, facilitating, or condoning corruption, including the investigation, prosecution, and conviction of such officials; (5) the extent to which the country provides access, or, as appropriate, makes adequate resources available, to civil society organizations and other institutions to combat corruption, including reporting, investigating, and monitoring; (6) whether an independent judiciary or judicial body in the country is responsible for, and effectively capable of, deciding corruption cases impartially, on the basis of facts and in accordance with the law, without any improper restrictions, influences, inducements, pressures, threats, or interferences (direct or indirect); (7) whether the government of the country is assisting in international investigations of transnational corruption networks and in other cooperative efforts to combat significant corruption, including, as appropriate, cooperating with the governments of other countries to extradite corrupt actors; (8) whether the government of the country recognizes the rights of victims of corruption, ensures their access to justice, and takes steps to prevent victims from being further victimized or persecuted by corrupt actors, government officials, or others; (9) whether the government of the country protects victims of corruption or whistleblowers from reprisal due to such persons having assisted in exposing corruption, and refrains from other discriminatory treatment of such persons; (10) whether the government of the country is willing and able to recover and, as appropriate, return the proceeds of corruption; (11) whether the government of the country is taking steps to implement financial transparency measures in line with the Financial Action Task Force recommendations, including due diligence and beneficial ownership transparency requirements; (12) whether the government of the country is facilitating corruption in other countries in connection with state-directed investment, loans or grants for major infrastructure, or other initiatives; and (13) such other information relating to corruption as the Secretary of State considers appropriate. (c) Assessing government efforts to combat corruption in relation to relevant international commitments In determining whether a government is making serious and sustained efforts to address corruption, the Secretary of State shall consider the government of a country’s compliance with the following, as relevant: (1) The Inter-American Convention against Corruption of the Organization of American States, done at Caracas March 29, 1996. (2) The Convention on Combating Bribery of Foreign Public Officials in International Business Transactions of the Organisation of Economic Co-operation and Development, done at Paris December 21, 1997 (commonly referred to as the Anti-Bribery Convention (3) The United Nations Convention against Transnational Organized Crime, done at New York November 15, 2000. (4) The United Nations Convention against Corruption, done at New York October 31, 2003. (5) Such other treaties, agreements, and international standards as the Secretary of State considers appropriate. 1399EEE. Imposition of sanctions under Global Magnitsky Human Rights Accountability Act (a) In general The Secretary of State, in coordination with the Secretary of the Treasury, should evaluate whether there are foreign persons engaged in significant corruption for the purposes of potential imposition of sanctions under the Global Magnitsky Human Rights Accountability Act (subtitle F of title XII of Public Law 114–328 22 U.S.C. 2656 (1) in all countries identified as tier 3 countries under section 1299Q(d); or (2) in relation to the planning or construction or any operation of the Nord Stream 2 pipeline. (b) Report required Not later than 180 days after publishing the list required by section 1299Q(a) and annually thereafter, the Secretary of State shall submit to the committees specified in subsection (e) a report that includes— (1) a list of foreign persons with respect to which the President imposed sanctions pursuant to the evaluation under subsection (a); (2) the dates on which such sanctions were imposed; (3) the reasons for imposing such sanctions; and (4) a list of all foreign persons that have been engaged in significant corruption in relation to the planning, construction, or operation of the Nord Stream 2 pipeline. (c) Form of report Each report required by subsection (b) shall be submitted in unclassified form but may include a classified annex. (d) Briefing in lieu of report The Secretary of State, in coordination with the Secretary of the Treasury, may (except with respect to the list required by subsection (b)(4)) provide a briefing to the committees specified in subsection (e) instead of submitting a written report required under subsection (b), if doing so would better serve existing United States anti-corruption efforts or the national interests of the Untied States. (e) Termination of requirements relating to nord stream 2 The requirements under subsections (a)(2) and (b)(4) shall terminate on the date that is 5 years after the date of the enactment of this Act. (f) Committees specified The committees specified in this subsection are— (1) the Committee on Foreign Relations, the Committee on Appropriations, the Committee on Banking, Housing, and Urban Affairs, and the Committee on the Judiciary of the Senate; and (2) the Committee on Foreign Affairs, the Committee on Appropriations, the Committee on Financial Services, and the Committee on the Judiciary of the House of Representatives. 1399FFF. Designation of embassy anti-corruption points of contact (a) In general The Secretary of State shall annually designate an anti-corruption point of contact at the United States diplomatic post to each country identified as tier 2 or tier 3 under section 1299Q, or which the Secretary otherwise determines is in need of such a point of contact. The point of contact shall be the chief of mission or the chief of mission's designee. (b) Responsibilities Each anti-corruption point of contact designated under subsection (a) shall be responsible for enhancing coordination and promoting the implementation of a whole-of-government approach among the relevant Federal departments and agencies undertaking efforts to— (1) promote good governance in foreign countries; and (2) enhance the ability of such countries— (A) to combat public corruption; and (B) to develop and implement corruption risk assessment tools and mitigation strategies. (c) Training The Secretary of State shall implement appropriate training for anti-corruption points of contact designated under subsection (a). J International children with disabilities protection 1399AAAA. Short title This subtitle may be cited as the International Children with Disabilities Protection Act of 2023 1399BBBB. Sense of Congress It is the sense of Congress that— (1) stigma and discrimination against children with disabilities, particularly intellectual and other developmental disabilities, and lack of support for community inclusion have left people with disabilities and their families economically and socially marginalized; (2) organizations of persons with disabilities and family members of persons with disabilities are often too small to apply for or obtain funds from domestic or international sources or ineligible to receive funds from such sources; (3) as a result of the factors described in paragraphs (1) and (2), key stakeholders have often been left out of public policymaking on matters that affect children with disabilities; and (4) financial support, technical assistance, and active engagement of persons with disabilities and their families is needed to ensure the development of effective policies that protect families, ensure the full inclusion in society of children with disabilities, and promote the ability of persons with disabilities to live in the community with choices equal to others. 1399CCCC. Definitions In this subtitle: (1) Department The term Department (2) Eligible implementing partner The term eligible implementing partner (A) has the capacity to administer grants directly or through subgrants that can be effectively used by local organizations of persons with disabilities; and (B) has international expertise in the rights of persons with disabilities, including children with disabilities and their families. (3) Organization of persons with disabilities The term organization of persons with disabilities 1399DDDD. Statement of policy It is the policy of the United States to— (1) assist partner countries in developing policies and programs that recognize, support, and protect the civil and political rights of and enjoyment of fundamental freedoms by persons with disabilities, including children, such that the latter may grow and thrive in supportive family environments and make the transition to independent living as adults; (2) promote the development of advocacy and leadership skills among persons with disabilities and their families in a manner that enables effective civic engagement, including at the local, national, and regional levels, and promote policy reforms and programs that support full economic and civic inclusion of persons with disabilities and their families; (3) promote the development of laws and policies that— (A) strengthen families and protect against the unnecessary institutionalization of children with disabilities; and (B) create opportunities for children and youth with disabilities to access the resources and support needed to achieve their full potential to live independently in the community with choices equal to others; (4) promote the participation of persons with disabilities and their families in advocacy efforts and legal frameworks to recognize, support, and protect the civil and political rights of and enjoyment of fundamental freedoms by persons with disabilities; and (5) promote the sustainable action needed to bring about changes in law, policy, and programs to ensure full family inclusion of children with disabilities and the transition of children with disabilities to independent living as adults. 1399EEEE. International Children with Disabilities Protection Program and capacity building (a) International Children with Disabilities Protection Program (1) In general There is authorized to be established within the Department of State a program to be known as the International Children with Disabilities Protection Program Program section _4 (2) Criteria In carrying out the Program under this section, the Secretary of State, in consultation with leading civil society groups with expertise in the protection of civil and political rights of and enjoyment of fundamental freedoms by persons with disabilities, may establish criteria for priority activities under the Program in selected countries. (3) Disability inclusion grants The Secretary of State may award grants to eligible implementing partners to administer grant amounts directly or through subgrants. (4) Subgrants An eligible implementing partner that receives a grant under paragraph (3) should provide subgrants and, in doing so, shall prioritize local organizations of persons with disabilities working within a focus country or region to advance the policy described in section _4 (b) Authorization of appropriations (1) In general Of funds made available in fiscal years 2024 through 2029 to carry out the purposes of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq), there are authorized to be appropriated to carry out this subtitle amounts as follows: (A) $2,000,000 for fiscal year 2024. (B) $5,000,000 for each of fiscal years 2025 through 2029. (2) Capacity-building and technical assistance programs Of the amounts authorized to be appropriated by paragraph (1), not less than $1,000,000 for each of fiscal years 2024 through 2029 should be available for capacity-building and technical assistance programs to— (A) develop the leadership skills of persons with disabilities, legislators, policymakers, and service providers in the planning and implementation of programs to advance the policy described in section _4 (B) increase awareness of successful models of the promotion of civil and political rights and fundamental freedoms, family support, and economic and civic inclusion among organizations of persons with disabilities and allied civil society advocates, attorneys, and professionals to advance the policy described in section _4 (C) create online programs to train policymakers, advocates, and other individuals on successful models to advance reforms, services, and protection measures that enable children with disabilities to live within supportive family environments and become full participants in society, which— (i) are available globally; (ii) offer low-cost or no-cost training accessible to persons with disabilities, family members of such persons, and other individuals with potential to offer future leadership in the advancement of the goals of family inclusion, transition to independent living as adults, and protection measures for children with disabilities; and (iii) should be targeted to government policymakers, advocates, and other potential allies and supporters among civil society groups. 1399FFFF. Annual report on implementation (a) Annual report required (1) In general Not less frequently than annually through fiscal year 2029, the Secretary of State shall submit to the Committee on Foreign Relations and the Committee on Appropriations of the Senate and the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives a report on— (A) the programs and activities carried out to advance the policy described in section _4 (B) any broader work of the Department in advancing that policy. (2) Elements Each report required by paragraph (1) shall include, with respect to each program carried out under section _5 (A) the rationale for the country and program selection; (B) the goals and objectives of the program, and the kinds of participants in the activities and programs supported; (C) a description of the types of technical assistance and capacity building provided; and (D) an identification of any gaps in funding or support needed to ensure full participation of organizations of persons with disabilities or inclusion of children with disabilities in the program. (3) Consultation In preparing each report required by paragraph (1), the Secretary of State shall consult with organizations of persons with disabilities. 1399GGGG. Promoting international protection and advocacy for children with disabilities (a) Sense of Congress on programming and programs It is the sense of Congress that— (1) all programming of the Department and the United States Agency for International Development related to health systems strengthening, primary and secondary education, and the protection of civil and political rights of persons with disabilities should seek to be consistent with the policy described in section _4 (2) programs of the Department and the United States Agency for International Development related to children, global health, and education— (A) should— (i) engage organizations of persons with disabilities in policymaking and program implementation; and (ii) support full inclusion of children with disabilities in families; and (B) should aim to avoid support for residential institutions for children with disabilities except in situations of conflict or emergency in a manner that protects family connections as described in subsection (b). (b) Sense of Congress on conflict and emergencies It is the sense of Congress that— (1) programs of the Department and the United States Agency for International Development serving children in situations of conflict or emergency, among displaced or refugee populations, or in natural disasters should seek to ensure that children with and without disabilities can maintain family ties; and (2) in situations of emergency, if children are separated from parents or have no family, every effort should be made to ensure that children are placed with extended family, in kinship care, or in an adoptive or foster family. K Western Hemisphere Partnership Act of 2023 1399AAAAA. Short title This subtitle may be cited as the Western Hemisphere Partnership Act of 2023 1399BBBBB. United States policy in the Western Hemisphere It is the policy of the United States to promote economic competitiveness, democratic governance, and security in the Western Hemisphere by— (1) encouraging stronger economic relations, respect for property rights, the rule of law, and enforceable investment rules and labor and environmental standards; (2) advancing the principles and practices expressed in the Charter of the Organization of American States, the American Declaration on the Rights and Duties of Man, and the Inter-American Democratic Charter; and (3) enhancing the capacity and technical capabilities of democratic partner nation government institutions, including civilian law enforcement, the judiciary, attorneys general, and security forces. 1399CCCCC. Promoting security and the rule of law in the Western Hemisphere (a) Sense of Congress It is the sense of Congress that the United States should strengthen security cooperation with democratic partner nations in the Western Hemisphere to promote a secure hemisphere and to address the negative impacts of transnational criminal organizations and malign external state actors. (b) Collaborative efforts The Secretary of State, in coordination with the heads of other relevant Federal agencies, should support the improvement of security conditions and the rule of law in the Western Hemisphere through collaborative efforts with democratic partners that— (1) enhance the institutional capacity and technical capabilities of defense and security institutions in democratic partner nations to conduct national or regional security missions, including through regular bilateral and multilateral engagements, foreign military sales and financing, international military education and training programs, expanding the National Guard State Partnership Programs, and other means; (2) provide technical assistance and material support (including, as appropriate, radars, vessels, and communications equipment) to relevant security forces to disrupt, degrade, and dismantle organizations involved in the illicit trafficking of narcotics and precursor chemicals, transnational criminal activities, illicit mining, and illegal, unreported, and unregulated fishing, and other illicit activities; (3) enhance the institutional capacity, legitimacy, and technical capabilities of relevant civilian law enforcement, attorneys general, and judicial institutions to— (A) strengthen the rule of law and transparent governance; (B) combat corruption and kleptocracy in the region; and (C) improve regional cooperation to disrupt, degrade, and dismantle transnational organized criminal networks and terrorist organizations, including through training, anticorruption initiatives, anti-money laundering programs, and strengthening cyber capabilities and resources; (4) enhance port management and maritime security partnerships and airport management and aviation security partnerships to disrupt, degrade, and dismantle transnational criminal networks and facilitate the legitimate flow of people, goods, and services; (5) strengthen cooperation to improve border security across the Western Hemisphere, dismantle human smuggling and trafficking networks, and increase cooperation to demonstrably strengthen migration management systems; (6) counter the malign influence of state and non-state actors and disinformation campaigns; (7) disrupt illicit domestic and transnational financial networks; (8) foster mechanisms for cooperation on emergency preparedness and rapid recovery from natural disasters, including by— (A) supporting regional preparedness, recovery, and emergency management centers to facilitate rapid response to survey and help maintain planning on regional disaster anticipated needs and possible resources; (B) training disaster recovery officials on latest techniques and lessons learned from United States experiences; (C) making available, preparing, and transferring on-hand nonlethal supplies, and providing training on the use of such supplies, for humanitarian or health purposes to respond to unforeseen emergencies; and (D) conducting medical support operations and medical humanitarian missions, such as hospital ship deployments and base-operating services, to the extent required by the operation; (9) foster regional mechanisms for early warning and response to pandemics in the Western Hemisphere, including through— (A) improved cooperation with and research by the United States Centers for Disease Control and Prevention through regional pandemic response centers; (B) personnel exchanges for technology transfer and skills development; and (C) surveying and mapping of health networks to build local health capacity; (10) promote the meaningful participation of women across all political processes, including conflict prevention and conflict resolution and post-conflict relief and recovery efforts; and (11) hold accountable actors that violate political and civil rights. (c) Limitations on use of technologies Operational technologies transferred pursuant to subsection (b) to partner governments for intelligence, defense, or law enforcement purposes shall be used solely for the purposes for which the technology was intended. The United States shall take all necessary steps to ensure that the use of such operational technologies is consistent with United States law, including protections of freedom of expression, freedom of movement, and freedom of association. (d) Strategy (1) In general Not later than 180 days after the date of the enactment of this Act, the Secretary of State, in coordination with the heads of other relevant Federal agencies, shall submit to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives a 5-year strategy to promote security and the rule of law in the Western Hemisphere in accordance to this section. (2) Elements The strategy required under paragraph (1) shall include the following elements: (A) A detailed assessment of the resources required to carry out such collaborative efforts. (B) Annual benchmarks to track progress and obstacles in undertaking such collaborative efforts. (C) A public diplomacy component to engage the people of the Western Hemisphere with the purpose of demonstrating that the security of their countries is enhanced to a greater extent through alignment with the United States and democratic values rather than with authoritarian countries such as the People’s Republic of China, the Russian Federation, and the Islamic Republic of Iran. (3) Briefing Not later than 1 year after submission of the strategy required under paragraph (1), and annually thereafter, the Secretary of State shall provide to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives a briefing on the implementation of the strategy. 1399DDDDD. Promoting digitalization and cybersecurity in the Western Hemisphere (a) Sense of Congress It is the sense of Congress that the United States should support digitalization and expand cybersecurity cooperation in the Western Hemisphere to promote regional economic prosperity and security. (b) Promotion of digitalization and cybersecurity The Secretary of State, in coordination with the heads of other relevant Federal agencies, should promote digitalization and cybersecurity in the Western Hemisphere through collaborative efforts with democratic partners that— (1) promote digital connectivity and facilitate e-commerce by expanding access to information and communications technology (ICT) supply chains that adhere to high-quality security and reliability standards, including— (A) to open market access on a national treatment, nondiscriminatory basis; and (B) to strengthen the cybersecurity and cyber resilience of partner countries; (2) advance the provision of digital government services (e-government) that, to the greatest extent possible, promote transparency, lower business costs, and expand citizens’ access to public services and public information; and (3) develop robust cybersecurity partnerships to— (A) promote the inclusion of components and architectures in information and communications technology (ICT) supply chains from participants in initiatives that adhere to high-quality security and reliability standards; (B) share best practices to mitigate cyber threats to critical infrastructure from ICT architectures by technology providers that supply equipment and services covered under section 2 of the Secure and Trusted Communications Networks Act of 2019 ( 47 U.S.C. 1601 (C) effectively respond to cybersecurity threats, including state-sponsored threats; and (D) to strengthen resilience against cyberattacks and cybercrime. 1399EEEEE. Promoting economic and commercial partnerships in the Western Hemisphere (a) Sense of Congress It is the sense of Congress that the United States should enhance economic and commercial ties with democratic partners to promote prosperity in the Western Hemisphere by modernizing and strengthening trade capacity-building and trade facilitation initiatives, encouraging market-based economic reforms that enable inclusive economic growth, strengthening labor and environmental standards, addressing economic disparities of women, and encouraging transparency and adherence to the rule of law in investment dealings. (b) In general The Secretary of State, in coordination with the United States Trade Representative, the Chief Executive Officer of the Development Finance Corporation, and the heads of other relevant Federal agencies, should support the improvement of economic conditions in the Western Hemisphere through collaborative efforts with democratic partners that— (1) facilitate a more open, transparent, and competitive environment for United States businesses and promote robust and comprehensive trade capacity-building and trade facilitation by— (A) reducing trade and nontariff barriers between the countries in the region, establishing a mechanism for pursuing Mutual Recognition Agreements and Formalized Regulatory Cooperation Agreements in priority sectors of the economy; (B) establishing a forum for discussing and evaluating technical and other assistance needs to help establish streamlined single window (C) building relationships and exchanges between relevant regulatory bodies in the United States and democratic partners in the Western Hemisphere to promote best practices and transparency in rulemaking, implementation, and enforcement, and provide training and assistance to help improve supply chain management in the Western Hemisphere; (D) establishing regional fora for identifying, raising, and addressing supply chain management issues, including infrastructure needs and strengthening of investment rules and regulatory frameworks; (E) establishing a dedicated program of trade missions and reverse trade missions to increase commercial contacts and ties between the United States and Western Hemisphere partner countries; and (F) strengthening labor and environmental standards in the region; (2) establish frameworks or mechanisms to review and address the long-term financial sustainability and national security implications of foreign investments in strategic sectors or services; (3) establish competitive and transparent infrastructure project selection and procurement processes that promote transparency, open competition, financial sustainability, and robust adherence to global standards and norms; and (4) advance robust and comprehensive energy production and integration, including through a more open, transparent, and competitive environment for United States companies competing in the Western Hemisphere, including by— (A) facilitating further development of integrated regional energy markets; (B) improving management of grids, including technical capability to ensure the functionality, safe and responsible management, and quality of service of electricity providers, carriers, and management and distribution systems; (C) facilitating private sector-led development of reliable and affordable power generation capacity; (D) establishing a process for surveying grid capacity and management focused on identifying electricity service efficiencies and establishing cooperative mechanisms for providing technical assistance for— (i) grid management, power pricing, and tariff issues; (ii) establishing and maintaining appropriate regulatory best practices; and (iii) proposals to establish regional power grids for the purpose of promoting the sale of excess supply to consumers across borders; (E) assessing the viability and effectiveness of decentralizing power production and transmission and building micro-grid power networks to improve, when feasible, access to electricity, particularly in rural and underserved communities where centralized power grid connections may not be feasible in the short to medium term; and (F) exploring opportunities to partner with the private sector and multilateral institutions, such as the World Bank and the Inter-American Development Bank, to promote universal access to reliable and affordable electricity in the Western Hemisphere. 1399FFFFF. Promoting transparency and democratic governance in the Western Hemisphere (a) Sense of Congress It is the sense of Congress that the United States should support efforts to strengthen the capacity and legitimacy of democratic institutions and inclusive processes in the Western Hemisphere to promote a more transparent, democratic, and prosperous region. (b) In general The Secretary of State, in coordination with the Administrator of the United States Agency for International Development and heads of other relevant Federal agencies, should support transparent, accountable, and democratic governance in the Western Hemisphere through collaborative efforts with democratic partners that— (1) strengthen the capacity of national electoral institutions to ensure free, fair, and transparent electoral processes, including through pre-election assessment missions, technical assistance, and independent local and international election monitoring and observation missions; (2) enhance the capabilities of democratically elected national legislatures, parliamentary bodies, and autonomous regulatory institutions to conduct oversight; (3) strengthen the capacity of subnational government institutions to govern in a transparent, accountable, and democratic manner, including through training and technical assistance; (4) combat corruption at local and national levels, including through trainings, cooperation agreements, initiatives aimed at dismantling corrupt networks, and political support for bilateral or multilateral anticorruption mechanisms that strengthen attorneys general and prosecutors’ offices; (5) strengthen the capacity of civil society to conduct oversight of government institutions, build the capacity of independent professional journalism, facilitate substantive dialogue with government and the private sector to generate issue-based policies, and mobilize local resources to carry out such activities; (6) promote the meaningful and significant participation of women in democratic processes, including in national and subnational government and civil society; and (7) support the creation of procedures for the Organization of American States (OAS) to create an annual forum for democratically elected national legislatures from OAS member States to discuss issues of hemispheric importance, as expressed in section 4 of the Organization of American States Legislative Engagement Act of 2020 ( Public Law 116–343 1399GGGGG. Investment, trade, and development in Africa and Latin America and the Caribbean (a) Strategy required (1) In general The President shall establish a comprehensive United States strategy for public and private investment, trade, and development in Africa and Latin America and the Caribbean. (2) Focus of strategy The strategy required by paragraph (1) shall focus on increasing exports of United States goods and services to Africa and Latin America and the Caribbean by 200 percent in real dollar value by the date that is 10 years after the date of the enactment of this Act. (3) Consultations In developing the strategy required by paragraph (1), the President shall consult with— (A) Congress; (B) each agency that is a member of the Trade Promotion Coordinating Committee; (C) the relevant multilateral development banks, in coordination with the Secretary of the Treasury and the respective United States Executive Directors of such banks; (D) each agency that participates in the Trade Policy Staff Committee established; (E) the President’s Export Council; (F) each of the development agencies; (G) any other Federal agencies with responsibility for export promotion or financing and development; and (H) the private sector, including businesses, nongovernmental organizations, and African and Latin American and Caribbean diaspora groups. (4) Submission to appropriate congressional committees (A) Strategy Not later than 200 days after the date of the enactment of this Act, the President shall submit to Congress the strategy required by subsection (a). (B) Progress report Not later than 3 years after the date of the enactment of this Act, the President shall submit to Congress a report on the implementation of the strategy required by paragraph (1). (b) Special africa and latin america and the caribbean export strategy coordinators The Secretary of Commerce shall designate an individual within the Department of Commerce to serve as Special Africa Export Strategy Coordinator and an individual within the Department of Commerce to serve as Special Latin America and the Caribbean Export Strategy Coordinator— (1) to oversee the development and implementation of the strategy required by subsection (a); (2) to coordinate developing and implementing the strategy with— (A) the Trade Promotion Coordinating Committee; (B) the Director General for the U.S. and Foreign Commercial Service and the Assistant Secretary for Global Markets; (C) the Assistant United States Trade Representative for African Affairs or the Assistant United States Trade Representative for the Western Hemisphere, as appropriate; (D) the Assistant Secretary of State for African Affairs or the Assistant Secretary of State for Western Hemisphere Affairs, as appropriate; (E) the Foreign Agricultural Service of the Department of Agriculture; (F) the Export-Import Bank of the United States; (G) the United States International Development Finance Corporation; and (H) the development agencies; and (3) considering and reflecting the impact of promotion of United States exports on the economy and employment opportunities of importing country, with a view to improving secure supply chains, avoiding economic disruptions, and stabilizing economic growth in a trade and export strategy. (c) Trade missions to Africa and Latin America and the Caribbean It is the sense of Congress that, not later than one year after the date of the enactment of this Act, the Secretary of Commerce and other high-level officials of the United States Government with responsibility for export promotion, financing, and development should conduct joint trade missions to Africa and to Latin America and the Caribbean. (d) Training The President shall develop a plan— (1) to standardize the training received by United States and Foreign Commercial Service officers, economic officers of the Department of State, and economic officers of the United States Agency for International Development with respect to the programs and procedures of the Export-Import Bank of the United States, the United States International Development Finance Corporation, the Small Business Administration, and the United States Trade and Development Agency; and (2) to ensure that, not later than one year after the date of the enactment of this Act— (A) all United States and Foreign Commercial Service officers that are stationed overseas receive the training described in paragraph (1); and (B) in the case of a country to which no United States and Foreign Commercial Service officer is assigned, any economic officer of the Department of State stationed in that country receives that training. (e) Definitions In this section: (1) Appropriate congressional committees The term appropriate congressional committees (A) the Committee on Foreign Relations, the Committee on Finance, the Committee on Commerce, Science, and Transportation, and the Committee on Banking, Housing, and Urban Affairs of the Senate; and (B) the Committee on Foreign Affairs, the Committee on Ways and Means, and the Committee on Energy and Commerce of the House of Representatives. (2) Development agencies The term development agencies (3) Multilateral development banks The term multilateral development banks 22 U.S.C. 262r(c)(4) (4) Trade policy staff committee The term Trade Policy Staff Committee (5) Trade promotion coordinating committee The term Trade Promotion Coordinating Committee 15 U.S.C. 4727 (6) United states and foreign commercial service The term United States and Foreign Commercial Service 15 U.S.C. 4721 1399HHHHH. Sense of Congress on prioritizing nomination and confirmation of qualified ambassadors It is the sense of Congress that it is critically important that both the President and the Senate play their respective roles to nominate and confirm qualified ambassadors as quickly as possible. 1399IIIII. Western Hemisphere defined In this subtitle, the term Western Hemisphere 1399JJJJJ. 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 Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives a report on efforts by the Maduro regime of Venezuela to detain United States citizens and lawful permanent residents. (b) Elements The report required by subsection (a) shall include, regarding the arrest, capture, detainment, and imprisonment of United States citizens and lawful permanent residents— (1) the names, positions, and institutional affiliation of Venezuelan individuals, or those acting on their behalf, who have engaged in such activities; (2) a description of any role played by transnational criminal organizations, and an identification of such organizations; and (3) where relevant, an assessment of whether and how United States citizens and lawful permanent residents 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, which shall include a list of the total number of United States citizens and lawful permanent residents detained or imprisoned in Venezuela as of the date on which the report is submitted. XIV COOPERATIVE THREAT REDUCTION 1401. Cooperative Threat Reduction funds (a) Funding allocation Of the $350,999,000 authorized to be appropriated to the Department of Defense for fiscal year 2024 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 (1) For strategic offensive arms elimination, $6,815,000. (2) For chemical weapons destruction, $16,400,000. (3) For global nuclear security, $19,406,000. (4) For cooperative biological engagement, $228,030,000. (5) For proliferation prevention, $46,324,000. (6) For activities designated as Other Assessments/Administrative Costs, $34,024,000. (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 2024, 2025, and 2026. XV Other authorizations A Military programs 1501. Working capital funds Funds are hereby authorized to be appropriated for fiscal year 2024 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. 1502. 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 2024 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 (2) the destruction of chemical warfare materiel of the United States that is not covered by section 1412 of such Act. 1503. Drug Interdiction and Counter-Drug Activities, Defense-wide Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2024 for expenses, not otherwise provided for, for Drug Interdiction and Counter-Drug Activities, Defense-wide, as specified in the funding table in section 4501. 1504. Defense Inspector General Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2024 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. 1505. Defense Health Program Funds are hereby authorized to be appropriated for fiscal year 2024 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 1511. Recovery of rare earth elements and other strategic and critical materials through end-of-life equipment recycling The Secretary of Defense shall establish policies and procedures— (1) to identify end-of-life equipment of the Department of Defense that contains rare earth elements and other materials determined pursuant to section 3(a) of the Strategic and Critical Materials Stock Piling Act ( 50 U.S.C. 98b(a) (2) to identify, establish, and implement policies and procedures to recover such materials from such equipment for the purposes of reuse by the Department of Defense. 1512. Improvements to Strategic and Critical Materials Stock Piling Act (a) Purposes Section 2 of the Strategic and Critical Materials Stock Piling Act ( 50 U.S.C. 98a (d) To the maximum extent practicable and to reduce the reliance of the National Defense Stockpile program on appropriated funds, the National Defense Stockpile Manager shall seek to achieve positive cash flows from the recovery of strategic and critical materials pursuant to section 6(a)(5). . (b) Stockpile management Section 6 of such Act ( 50 U.S.C. 98e (1) in subsection (a)(5), by striking from excess from other Federal agencies, either directly as materials or embedded in excess-to-need, end-of-life items, or waste streams; (2) in subsection (c)(1), by striking subsection (a)(5) or (a)(6) subsection (a)(6) or (a)(7) (3) in subsection (d)(2), by striking subsection (a)(5) subsection (a)(6) (4) by adding at the end the following new subsections: (g) (1) The National Defense Stockpile Manager shall establish a pilot program to use, to the maximum extent practicable, commercial best practices in the acquisition and disposal of strategic and critical materials for the stockpile. (2) (A) The Stockpile Manager shall brief the congressional defense committees (as defined in section 101(a) of title 10, United States Code)— (i) as soon as practicable after the establishment of the pilot program under paragraph (1); and (ii) annually thereafter until the termination of the pilot program under paragraph (3). (B) The briefing required by subparagraph (A)(i) shall address— (i) the commercial best practices selected for use under the pilot program; (ii) how the Stockpile Manager determined which commercial best practices to select; and (iii) the plan of the Stockpile Manager for using such practices. (C) Each briefing required by subparagraph (A)(ii) shall provide a summary of— (i) how the Stockpile Manager has used commercial best practices under the pilot program during the year preceding the briefing; (ii) how many times the Stockpile Manager has used such practices; (iii) the outcome of each use of such practices; and (iv) any savings achieved or lessons learned as a result of the use of such practices. (3) The pilot program established under paragraph (1) shall terminate effective on the date that is 5 years after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2024. (h) Unless otherwise necessary for national defense, the National Defense Stockpile Manager shall implement recovery programs under subsection (a)(5) to be cash flow positive. . (c) Development and conservation of reliable sources (1) In general Section 15 of such Act ( 50 U.S.C. 98h–6 15. Development and conservation of reliable sources (a) Duties Subject to subsection (c), the National Defense Stockpile Manager shall encourage the development and appropriate conservation of reliable sources of strategic and critical materials— (1) by purchasing, or making a commitment to purchase, strategic and critical materials from reliable sources when such materials are needed for the stockpile; (2) by contracting with facilities located in and owned and controlled by reliable sources, or making a commitment to contract with such facilities, for the processing or refining of strategic and critical materials in the stockpile when processing or refining is necessary to convert such materials into a form more suitable for storage or disposition or meeting stockpile requirements; (3) by qualifying facilities located in and owned and controlled by reliable sources, or qualifying strategic and critical materials produced by such facilities, to meet stockpile requirements; (4) by contracting with facilities located in and owned and controlled by reliable sources to recycle strategic and critical materials to meet stockpile requirements or increase the balance of the National Defense Stockpile Transaction Fund under section 9; and (5) by entering into an agreement to co-fund a bankable feasibility study for a project for the development of strategic and critical materials located in and owned and controlled by a reliable source, if the agreement— (A) limits the liability of the stockpile to not more than the total funding provided by the Federal Government; (B) limits the funding contribution of the Federal Government to not more than 50 percent of the cost of the bankable feasibility study; and (C) does not obligate the Federal Government to purchase strategic and critical materials from the reliable source. (b) Additional authorities (1) Extended contracting authority (A) In general The term of a contract or commitment made under subsection (a) may not exceed ten years. (B) Preexisting contracts A contract entered into before the date of the enactment of the National Defense Authorization Act for Fiscal Year 2024 for a term of more than ten years may be extended, on or after such date of enactment, for a total of not more than an additional ten years pursuant to any option or options set forth in the contract. (2) Matters relating to co-funding of bankable feasibility studies To the extent authorized by Congress pursuant to the Defense Production Act of 1950 ( 50 U.S.C. 4501 et seq. (c) Proposed transactions included in annual materials plan Descriptions of proposed transactions under subsection (a) shall be included in the Annual Materials and Operations Plan. Changes to any such transaction, or the addition of a transaction not included in such plan, shall be made in accordance with section 5. (d) Availability of funds The authority of the National Defense Stockpile Manager to enter into obligations under this section is effective for any fiscal year only to the extent that funds in the National Defense Stockpile Transaction Fund under section 9 are adequate to meet such obligations. (e) Bankable feasibility study defined In this section, the term bankable feasibility study (1) of the selected development option for a strategic and critical materials project that includes appropriately detailed assessments of realistically assumed extraction, processing, metallurgical, economic, marketing, legal, environmental, social, and governmental considerations and any other relevant operational factors and detailed financial analysis, that are necessary to demonstrate at the time of reporting that production is reasonably justified; and (2) that may reasonably serve as the basis for a final decision by a proponent of a project or financial institution to proceed with, or finance, the development of the project. . (2) Conforming amendments (A) Materials research and development Section 8(a) of such Act ( 50 U.S.C. 98g(a) (i) in paragraph (1)(A), by striking or in its territories or possessions, its territories or possessions, or in a reliable source (ii) in paragraph (2), by striking in order to— mineral products. in order to develop new sources of strategic and critical materials, develop substitutes, or conserve domestic sources and reliable sources of supply for such strategic and critical materials. (B) Definitions Section 12 of such Act ( 50 U.S.C. 98h–3 (i) The term reliable source (I) the United States or any territory or possession of the United States; (II) a country of the national technology and industrial base, as defined in section 4801 of title 10, United States Code; or (III) a qualifying country, as defined in section 225.003 of the Defense Federal Acquisition Regulation Supplement. . (d) Technical amendment Subsection (e) of section 10 of such Act ( 50 U.S.C. 98h–1 (e) Application of provisions relating to Federal advisory committees Section 1013 of title 5, United States Code, shall not apply to the Board. . 1513. Authority to dispose of materials from the National Defense Stockpile Pursuant to section 5(b) of the Strategic and Critical Materials Stock Piling Act ( 50 U.S.C. 98d(b) (1) 8 short tons of beryllium. (2) 154,043 short dry tons of metallurgical grade manganese ore. (3) 5,000 kilograms of germanium. (4) 91,413 pounds of pan-based carbon fibers. (5) Not more than 1,000 short tons of materials transferred from another department or agency of the United States to the National Defense Stockpile under section 4(b) of such Act ( 50 U.S.C. 98c(b) 1514. Beginning balances of the National Defense Stockpile Transaction Fund for audit purposes For purposes of an audit conducted under chapter 9A 50 U.S.C. 98h (1) the ending balance of $313,633,491.15 reported in the Central Accounting Reporting System of the Department of the Treasury for September 30, 2021, is the Fund Balance with Treasury ending balance on that date; (2) the Total Actual Resources–Collected opening balance for October 1, 2021, for United States Standard General Ledger Account 420100 is $314,548,154.42, as recorded in official accounting records; and (3) the Unapportioned–Unexpired Authority ending balance for September 30, 2021, for United States Standard General Ledger Account 445000 is $216,976,300.69, as recorded in official accounting records. C Other matters 1521. 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, $172,000,000 may be transferred by the Secretary of Defense to the Joint Department of Defense–Department of Veterans Affairs Medical Facility Demonstration Fund established by subsection (a)(1) of section 1704 of the National Defense Authorization Act for Fiscal Year 2010 ( Public Law 111–84 (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 1522. Authorization of appropriations for Armed Forces Retirement Home There is hereby authorized to be appropriated for fiscal year 2024 from the Armed Forces Retirement Home Trust Fund the sum of $77,000,000 for the operation of the Armed Forces Retirement Home. 1523. Modification of leasing authority of Armed Forces Retirement Home (a) Agreements; approval and notification Section 1511(i) of the Armed Forces Retirement Home Act of 1991 ( 24 U.S.C. 411(i) (9) Before entering into a lease described in this subsection, the Chief Operating Officer may enter into an agreement with a potential lessee providing for a period of exclusivity, access, study, or for similar purposes. The agreement shall provide for the payment (in cash or in kind) by the potential lessee of consideration for the agreement unless the Chief Operating Officer determines that payment of consideration will not promote the purpose and financial stability of the Retirement Home or be in the public interest. (10) No further approval by the Secretary of Defense, nor notification or report to Congress, shall be required for subordinate leases under this subsection unless the facts or terms of the original lease have materially changed. . (b) Administration of funds Section 1511(i)(7) of the Armed Forces Retirement Home Act of 1991 ( 24 U.S.C. 411(i) (1) by inserting an agreement with a potential lessee or The proceeds from (2) by striking the period at the end and inserting , to remain available for obligation and expenditure to finance expenses of the Retirement Home related to the formation and administration of agreements and leases entered into under the provisions of this subsection. XVI Space activities, strategic programs, and intelligence matters A Space activities 1601. Acquisition strategy for Phase 3 of the National Security Space Launch program (a) Fiscal years 2025 through 2029 With respect to the acquisition strategy for Phase 3 of the National Security Space Launch program, for fiscal years 2025 through 2029, the Secretary of Defense shall establish— (1) a low-risk launch program, to be known as Lane One (2) a launch program, similar to the Phase Two National Security Assured Access Launch program, to be known as Lane Two (b) Fiscal years 2027 through 2029 With respect to the acquisition strategy for Phase 3 of the National Security Space Launch program, for fiscal years 2027 through 2029, the Secretary of Defense shall establish an accession launch program, to be known as Lane Two A 1602. Initial operating capability for Advanced Tracking and Launch Analysis System and system-level review (a) Advanced tracking and launch analysis system (1) Date for initial operating capability Not later than 90 days after the date of the enactment of this Act, the Secretary of the Air Force shall— (A) designate a date for the delivery of the initial operating capability for the Advanced Tracking and Launch Analysis System (ATLAS); and (B) notify the congressional defense committees of such date. (2) Effect of failure to timely deliver If the initial operating capability for ATLAS is not achieved by the date designated under paragraph (1)(A), the Secretary shall— (A) terminate the ATLAS program; (B) designate an alternative program option that provides a comparable capability to the capability intended to be provided by ATLAS; and (C) not later than 30 days after such date, notify the congressional defense committees with respect to— (i) such termination; (ii) the designated alternative program option; (iii) the justification for selecting such option; and (iv) the estimated time and total costs to completion of such option. (b) System-level review (1) In general The Secretary shall enter into a contract with a federally funded research and development center under which the federally funded research and development center shall, not less frequently than every 2 years through 2032, conduct a review of the space command and control software acquisition program to assess the ability of such program to build a software framework that integrates multiple aspects of space operations to enable the warfighter to command and control space assets in a time of conflict. (2) Elements Each review under paragraph (1) shall consider the integration into such software framework of the following: (A) Sensor data applicable to the command and control of space assets. (B) Information contained in the Unified Data Library relating to the number and location of space objects. (C) The ability to control space assets based on such data and information. (D) Any other matter the Secretary considers necessary. (3) Briefing The Secretary shall provide the congressional defense committees with a briefing on the findings of each review under paragraph (1), including— (A) an assessment of any deficiency identified in the review; and (B) a plan to address such deficiency in a timely manner. 1603. Department of the Air Force responsibility for space-based ground and airborne moving target indication (a) In general The Department of the Air Force shall be responsible for— (1) serving as the final authority for the tasking of space-based ground and airborne moving target indication systems that— (A) are primarily or fully funded by the Department of Defense; and (B) provide near real-time, direct support to satisfy theater operations; and (2) presenting such capability to the combatant commands to accomplish the warfighting missions of the combatant commands under the Unified Command Plan. (b) Milestone development authority Subject to section 4204 of title 10, United States Code, the Secretary of the Air Force, in consultation with the Director of National Intelligence, shall be the Milestone A approval (as defined in section 4211 of such title) decision authority for space-related acquisition programs for ground and airborne moving target indication collection assets described in subsection (a) that are primarily or fully funded within the Military Intelligence Program. 1604. Principal Military Deputy for Space Acquisition and Integration Section 9016(b)(6) of title 10, United States Code, is amended— (1) by redesignating subparagraph (B) as subparagraph (C); and (2) by inserting after subparagraph (A) the following new subparagraph (B): (B) The Assistant Secretary of the Air Force for Space Acquisition and Integration shall have a Principle Military Deputy for Space Acquisition and Integration, who shall be an officer of the Space Force on active duty. The Principal Military Deputy for Space Acquisition and Integration shall be appointed from among officers who have significant experience in the areas of acquisition and program management. The position of Principal Military Deputy for Space Acquisition and Integration shall be designated as a critical acquisition position under section 1731 of this title. In the event of a vacancy in the position of Assistant Secretary of the Air Force for Space Acquisition and Integration, the Principal Military Deputy for Space Acquisition and Integration may serve as Acting Assistant Secretary for Space Acquisition and Integration for a period of not more than one year. . 1605. Use of middle tier acquisition authority for Space Development Agency acquisition program (a) In general The Director of the Space Development Agency shall use the middle tier of acquisition authority, consistent with section 804 of the National Defense Authorization Act for Fiscal Year 2016 ( Public Law 114–92 10 U.S.C. 3201 Operation of the Middle Tier of Acquisition (MTA) (b) Rapid prototyping and fielding Any tranche of satellites or associated systems developed and fielded under subsection (a) shall have a level of maturity that allows such satellites or systems to be rapidly prototyped within an acquisition program or rapidly fielded within five years of the development of an approved requirement. (c) Designation as major capability acquisition (1) In general The Under Secretary of Defense for Acquisition and Sustainment may designate a tranche described in subsection (a) as a major capability acquisition program, consistent with Department of Defense Instruction 5000.80, entitled Operation of the Middle Tier of Acquisition (MTA) (2) Notice to Congress Not later than 90 days before the date on which a designation under paragraph (1) is made, the Under Secretary of Defense for Acquisition and Sustainment shall notify the congressional defense committees of the intent to so designate and provide a justification for such designation. 1606. Special authority for provision of commercial space launch support services (a) In general Chapter 135 section 2276 2276a. Special authority for provision of commercial space launch support services (a) In general The Secretary of a military department, pursuant to the authority provided by this section and any other provision of law, may support Federal and commercial space launch capacity on any domestic real property under the control of the Secretary through the provision of space launch support services. (b) Provision of launch equipment and services to commercial entities (1) Agreement authority (A) In general The Secretary concerned may enter into a contract, or conduct any other transaction, with a commercial entity that intends to conduct space launch activities on a military installation under the jurisdiction of the Secretary, including a contract or other transaction for the provision of supplies, services, equipment, and construction needed for commercial space launch. (B) Nondelegation The Secretary may not delegate the authority provided in subparagraph (A). (2) Agreement costs (A) Direct costs A contract entered into, or a transaction conducted, under paragraph (1) shall include a provision that requires the commercial entity entering into the contract or conducting the transaction to reimburse the Department of Defense for all direct costs to the United States that are associated with the goods, services, and equipment provided to the commercial entity under the contract or transaction. (B) Indirect costs A contract entered into, or a transaction conducted, under paragraph (1) may— (i) include a provision that requires the commercial entity to reimburse the Department of Defense for such indirect costs as the Secretary concerned considers to be fair and reasonable; and (ii) provide for the recovery of indirect costs through establishment of a rate, fixed price, or similar mechanism the Secretary concerned considers to be fair and reasonable. (3) Retention of funds collected from commercial users Amounts collected from a commercial entity under paragraph (2) shall be credited to the appropriation accounts under which the costs associated with the contract (direct and indirect) were incurred. (4) Regulations The Secretary shall promulgate regulations to carry out this subsection. (c) Definitions In this section: (1) Space launch The term space launch (2) Commercial entity; commercial The terms commercial entity commercial . (b) Clerical amendment The table of sections for chapter 135 section 2276 2276a. Special authority for provision of commercial space launch support services. . 1607. Treatment of Positioning, Navigation, and Timing Resiliency, Modifications, and Improvements program as acquisition category 1D program The Under Secretary of Defense for Acquisition and Sustainment shall treat the Positioning, Navigation, and Timing Resiliency, Modifications, and Improvements program of the Air Force (Program Element 0604201F) as an acquisition category 1D program, and the authority to manage such program may not be delegated. 1608. Briefing on classification practices and foreign disclosure policies required for combined space operations (a) In general Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense and the Director of National Intelligence shall provide a briefing to the appropriate committees of Congress on the classification practices and foreign disclosure policies required to enable the development and conduct of combined space operations among the following countries: (1) Australia. (2) Canada. (3) France. (4) Germany. (5) New Zealand. (6) The United Kingdom. (7) The United States. (8) Any other ally or partner country, as determined by the Secretary of Defense or the Director of National Intelligence. (b) Elements The briefing required by subsection (a) shall include the following: (1) The military and national intelligence information required to be shared with the countries described in subsection (a) so as to enable the development and conduct combined space operations. (2) The policy, organizational, or other barriers that currently prevent such information sharing for combined space operations. (3) The actions being taken by the Department of Defense and the intelligence community (as defined in section 3 of the National Security Act of 1947 ( 50 U.S.C. 3003 (4) Any statutory changes required to remove such barriers. (5) Any other matter, as determined by the Secretary of Defense or the Director of National Intelligence. (c) Implementation update Not later than 270 days after the date of the enactment of this Act, the Secretary of Defense and the Director of National Intelligence shall provide a briefing to the appropriate committees of Congress on the implementation of the actions described in subsection (b)(3). (d) Appropriate committees of Congress In this section, the term appropriate committees of Congress (1) the congressional defense committees; and (2) the congressional intelligence committees (as defined in section 3 of the National Security Act of 1947 ( 50 U.S.C. 3003 1609. Limitation on availability of certain funds relating to selection of permanent location for headquarters of United States Space Command (a) Limitation on availability of funds for military construction projects None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2024 for the Air Force may be obligated or expended for a military construction project (as described in section 2801(b) of title 10, United States Code) for the construction or modification of facilities for temporary or permanent use by the United States Space Command for headquarters operations until the report required under subsection (c) is submitted. (b) Limitation on availability of funds for travel expenditures Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2024 to the Office of the Secretary of the Air Force for travel expenditures, not more than 50 percent may be obligated or expended until the report required under subsection (c) is submitted. (c) Report The Secretary of the Air Force shall submit to the congressional defense committees a report on the justification for the selection of a permanent location for headquarters of the United States Space Command. B Nuclear forces 1611. 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 2024 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. 1612. Sentinel intercontinental ballistic missile program silo activity The LGM–35A Sentinel intercontinental ballistic missile program shall refurbish and make operable not fewer than 150 silos for intercontinental ballistic missiles at each of the following locations: (1) Francis E. Warren Air Force Base, Laramie County, Wyoming. (2) Malmstrom Air Force Base, Cascade County, Montana. (3) Minot Air Force Base, Ward County, North Dakota. 1613. Matters relating to the acquisition and deployment of the Sentinel intercontinental ballistic missile weapon system (a) Authority for multi-year procurement Subject to section 3501 of title 10, United States Code, the Secretary of the Air Force may enter into one or more multi-year contracts for the procurement of up to 659 Sentinel intercontinental ballistic missiles and for subsystems associated with such missiles. (b) Authority for advance procurement The Secretary of the Air Force may enter into one or more contracts, beginning in fiscal year 2024, for advance procurement associated with the Sentinel intercontinental ballistic missiles for which authorization to enter into a multi-year procurement contract is provided under subsection (a), and for subsystems associated with such missiles 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 2024 is subject to the availability of appropriations or funds for that purpose for such later fiscal year. (d) Mandatory inclusion of pre-priced option in certain circumstances (1) In general If the total base quantity of Sentinel intercontinental ballistic missiles to be procured through all contracts entered into under subsection (a) is less than 659, the Secretary of the Air Force shall ensure that one or more of the contracts includes a pre-priced option for the procurement of additional Sentinel intercontinental ballistic missiles such that the sum of such base quantity and the number of such missiles that may be procured through the exercise of such options is equal to 659 missiles. (2) Definitions In this subsection: (A) Base quantity The term base quantity (B) Pre-priced option The term pre-priced option (e) Limitation The Secretary of the Air Force may not modify a contract entered into under subsection (a) if the modification would increase the per unit price of the Sentinel intercontinental ballistic missiles by more than 10 percent above the target per unit price specified in the original contract for such missiles under subsection (a). (f) Modifications to the Intercontinental Ballistic Missile Site Activation Task Force Section 1638 of the National Defense Authorization Act for Fiscal Year 2023 ( Public Law 117–263 (1) in subsection (b)(1), by inserting , who shall report directly to the Commander of Air Force Global Strike Command Modernization (2) by striking subsection (d)(1) and inserting the following: (1) Weapon system For purposes of nomenclature and acquisition life cycle activities ranging from development through sustainment and demilitarization, each wing level configuration of the LGM–35A Sentinel intercontinental ballistic missile shall be a weapon system. . 1614. Plan for decreasing the time to upload additional warheads to the intercontinental ballistic missile fleet (a) In general The Secretary of the Air Force, in coordination with the Commander of the United States Strategic Command, shall develop a plan to decrease the amount of time required to upload additional warheads to the intercontinental ballistic missile force. (b) Elements The plan required by subsection (a) shall include the following: (1) An assessment of the storage capacity of weapons storage areas and any weapons generation facilities at covered bases, including the capacity of each covered base to store additional warheads. (2) An assessment of the current nuclear warhead transportation capacity of the National Nuclear Security Administration and associated timelines for transporting additional nuclear warheads to covered bases. (3) An evaluation of the capacity of the maintenance squadrons and security forces at covered bases and the associated timelines for adding warheads to the intercontinental ballistic missile force. (4) An identification of actions that would address any identified limitations and increase the readiness of the intercontinental ballistic missile force to upload additional warheads. (5) An evaluation of courses of actions to upload additional warheads to a portion of the intercontinental ballistic missile force. (6) An assessment of the feasibility and advisability of initiating immediate deployment of W78 warheads to a single wing of the intercontinental ballistic missile force as a hedge against delay of the LGM–35A Sentinel intercontinental ballistic missile. (7) A funding plan for carrying out actions identified in paragraphs (4) and (5). (c) Submission to Congress Not later than 90 days after the date of the enactment of this Act, the Secretary of the Air Force and the Commander of the United States Strategic Command shall submit to the congressional defense committees the plan required by subsection (a). (d) Form The plan required by subsection (a) shall be submitted in unclassified form, but may include a classified annex. (e) Briefing Not later than 30 days after the submission of the plan required by subsection (a), the Secretary of the Air Force and the Commander of the United States Strategic Command shall brief the congressional defense committees on the actions being pursued to implement the plan. (f) Covered base defined The term covered base (1) Francis E. Warren Air Force Base, Laramie County, Wyoming. (2) Malmstrom Air Force Base, Cascade County, Montana. (3) Minot Air Force Base, Ward County, North Dakota. 1615. Tasking and oversight authority with respect to intercontinental ballistic missile site activation task force for Sentinel Program Section 1638 of the National Defense Authorization Act for Fiscal Year 2023 ( Public Law 117–263 (1) redesignating subsection (e) as subsection (f); and (2) inserting after subsection (d), the following new subsection (e): (e) Delegation of authority The Secretary of Defense shall— (1) not later than 120 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2024, delegate to the Commander of the Air Force Global Strike Command such tasking and oversight authorities, as the Secretary considers necessary, with respect to other components of the Department of Defense participating in the Task Force; and (2) not later than 30 days after the date of such delegation of authority, notify the congressional defense committees of the delegation. . 1616. Long-term sustainment of Sentinel ICBM guidance system (a) In general Prior to issuing a Milestone C decision for the program to develop the LGM–35A Sentinel intercontinental ballistic missile system (referred to in this section as the Sentinel (b) Certification elements The certification described in subsection (a) shall include a list of capabilities to maintain and advance— (1) accelerometers; (2) gyroscopes; (3) guidance computers; (4) specialized mechanical and retaining assemblies; (5) test equipment; and (6) such other components to ensure the guidance system will be maintained and modernized over the life of the Sentinel. 1617. Sense of Senate on Polaris Sales Agreement (a) Findings The Senate finds the following: (1) On December 21, 1962, President John F. Kennedy and Prime Minister of the United Kingdom Harold Macmillan met in Nassau, Bahamas, and issued a joint statement (commonly referred to as the Statement on Nuclear Defense Systems (2) On April 6, 1963, Secretary of State Dean Rusk and Her Majesty's Ambassador to the United States David Ormsby-Gore signed the Polaris Sales Agreement, reaffirming the Statement on Nuclear Defense Systems and agreeing that the United States Government shall provide and the Government of the United Kingdom shall purchase from the United States Government Polaris missiles, equipment, and supporting services. (3) The HMS Resolution launched the first Polaris missile of the United Kingdom on February 15, 1968, and, in 1969, commenced the first strategic deterrent patrol for the United Kingdom, initiating a continuous at-sea deterrent posture for the United Kingdom that remains in effect. (4) The Polaris Sales Agreement was amended to include the Trident II (D5) strategic weapon system on October 19, 1982, in Washington, D.C., through an exchange of notes between Secretary of State Jonathan Howe and Her Majesty's Ambassador to the United States Oliver Wright. (5) Through an exchange of letters in 2008 between the Secretary of Defense the Honorable Robert Gates and the Secretary of State for Defence of the United Kingdom the Right Honorable Desmond Browne and under the auspices of the Polaris Sales Agreement, the United States Government and the Government of the United Kingdom agreed to continue cooperation to design a common missile compartment for the follow-on ballistic missile submarines of each nation. (b) Sense of the Senate It is the sense of the Senate that the Senate— (1) recognizes the 60th anniversary of the Polaris Sales Agreement between the United States and the United Kingdom of Great Britain and Northern Ireland; (2) congratulates the Royal Navy for steadfastly maintaining the Continuous At-Sea Deterrent; (3) Recognizes the important contribution of the Continuous At-Sea Deterrent to the North Atlantic Treaty Organization; (4) reaffirms that the United Kingdom is a valued and special ally of the United States; and (5) looks forward to continuing and strengthening the shared commitment of the United States and the United Kingdom to sustain submarine-based strategic deterrents well into the future. 1618. Matters relating to the nuclear-armed sea-launched cruise missile (a) Program treatment Not later than 90 days after the date of the enactment of this Act, the Under Secretary of Defense for Acquisition and Sustainment shall— (1) establish a program for the development of a nuclear-armed, sea-launched cruise missile capability; (2) designate such program as an acquisition category 1D program, to be managed consistent with the provisions of Department of Defense Instruction 5000.85 (relating to major capability acquisition); (3) initiate a nuclear weapon project for the W80–4 ALT warhead, at phase 6.2 of the phase 6.X process (relating to feasibility study and down select), to align with the program described in paragraph (1); (4) submit to the National Nuclear Security Administration a formal request, through the Nuclear Weapons Council, for participation in and support for the W80–4 ALT warhead project; and (5) designate the Department of the Navy as the military department to lead the W80–4 ALT nuclear weapon program for the Department of Defense. (b) Initial operational capability The Secretary of Defense and the Administrator for Nuclear Security shall take such actions as necessary to ensure the program described in subsection (a) achieves initial operational capability, as defined jointly by the Secretary of the Navy and the Commander of United States Strategic Command, by not later than fiscal year 2035. (c) Limitation The Under Secretary of Defense for Acquisition and Sustainment may not approve a Full Rate Production Decision or authorize Full Scale Production (as those terms are defined in the memorandum of the Nuclear Weapons Council entitled Procedural Guidelines for the Phase 6.X Process (d) Briefing (1) In general Beginning not later than November 1, 2023, and on March 1 and September 1 of each year thereafter, the Under Secretary of Defense for Acquisition and Sustainment, in coordination with the Secretary of the Navy, the Administrator for Nuclear Security, and the Commander of the United States Strategic Command, shall jointly brief the congressional defense committees on the progress of the program described in subsection (a). (2) Contents Each briefing required under paragraph (1) shall include— (A) a description of significant achievements of the program described in subsection (a) completed during the period specified in paragraph (3) and any planned objectives that were not achieved during such period; (B) for the 180-day period following the briefing— (i) planned objectives for the programs; and (ii) anticipated spending plans for the programs; (C) a description of any notable technical hurdles that could impede timely completion of the programs; and (D) any other information the Under Secretary of Defense for Acquisition and Sustainment considers appropriate. (3) Period specified The period specified in this paragraph is— (A) in the case of the first briefing required by paragraph (1), the 180-day period preceding the briefing; and (B) in the case of any subsequent such briefing, the period since the previous such briefing. (4) Termination The requirement to provide briefings under paragraph (1) shall terminate on the date that the program described in subsection (a) achieve initial operational capability, as defined jointly by the Secretary of the Navy and the Commander of United States Strategic Command. (e) Phase 6.X process defined In this section, the term phase 6.X process Procedural Guidelines for the Phase 6.X Process 1619. Operational timeline for Strategic Automated Command and Control System (a) In general The Secretary of the Air Force shall develop a replacement of the Strategic Automated Command and Control System (SACCS) by not later than the date that the LGM–35A Sentinel intercontinental ballistic missile program reaches initial operational capability. (b) Replacement capabilities The replacement required by subsection (a) shall— (1) replace the SACCS base processors; (2) replace the SACCS processors at launch control centers; (3) provide internet protocol connectivity for wing-wide command centers of the LGM–35A Sentinel intercontinental ballistic missile program; (4) include such other capabilities necessary to address the evolving requirements of the LGM–35A Sentinel intercontinental ballistic missile program as the Secretary considers appropriate. 1620. Amendment to annual report on the plan for the nuclear weapons stockpile, nuclear weapons complex, nuclear weapons delivery systems, and nuclear weapons command and control systems Section 492a of title 10, United States Code, is amended by adding at the end the following new subsection: (d) Independent assessment by United States Strategic Command (1) In general Not later than 150 days after the submission to Congress of the budget of the President under section 1105(a) of title 31, United States Code, the Commander of United States Strategic Command shall complete an independent assessment of the sufficiency of the execution of acquisition, construction, and recapitalization programs of the Department of Defense and the National Nuclear Security Administration to modernize the nuclear forces of the United States and meet current and future deterrence requirements. (2) Contents The assessment required under paragraph (1) shall evaluate the ongoing execution of modernization programs associated with— (A) the nuclear weapons design, production, and sustainment infrastructure; (B) the nuclear weapons stockpile; (C) the delivery systems for nuclear weapons; and (D) the nuclear command, control, and communications system. (3) Routing and submission (A) Submission to Nuclear Weapons Council Not later than 15 days after completion of the assessment required by paragraph (1), the Commander of United States Strategic Command shall— (i) submit the assessment to the Chairman of the Nuclear Weapons Council; and (ii) notify the congressional defense committees that the assessment has been submitted to the Chairman of the Nuclear Weapons Council. (B) Submission to Congress Not later than 15 days after the Chairman of the Nuclear Weapons Council receives the assessment required by paragraph (1), the Chairman shall transmit the assessment, without change, to the congressional defense committees. . 1621. 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)— (1) by striking before fiscal year 2020 prior to the expiration of the Treaty between the United States of America and the Russian Federation on Measures for the Further Reduction and Limitation of Strategic Offensive Arms, signed on April 8, 2010, and entered into force on February 5, 2011 (commonly referred to as the New START Treaty (2) by striking 1043 of the National Defense Authorization Act for Fiscal Year 2012 492(a) of title 10, United States Code, 1622. Amendment to study of weapons programs that allow Armed Forces to address hard and deeply buried targets Section 1674 of the National Defense Authorization Act for Fiscal Year 2023 ( Public Law 117–263 (1) in subsection (e)— (A) in the heading, by striking on Use of Funds (B) by striking none of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2023 for the Department of Defense or the Department of Energy for the deactivation, dismantlement, or retirement of the B83–1 nuclear gravity bomb may be obligated or expended neither the Secretary of Defense nor the Secretary of Energy may take any action (2) in subsection (f), by striking on the use of funds under in 1623. Limitation on use of funds until provision of Department of Defense information to Government Accountability Office Of the funds authorized to be appropriated by this Act for fiscal year 2024 for Operation and Maintenance, Defense-wide, and available for the Office of the Under Secretary of Defense for Policy, not more than 50 percent may be obligated or expended until the date on which the Comptroller General of the United States notifies the congressional defense committees that the Secretary of Defense has fully complied with information requests by the Government Accountability Office with respect to the conduct of the study required by section 1652 of the National Defense Authorization Act for Fiscal Year 2022 ( Public Law 117–81 1624. Monitoring Iranian enrichment (a) Significant enrichment activity defined In this section, the term significant enrichment activity (1) any enrichment of any amount of uranium–235 to a purity percentage that is 5 percent higher than the purity percentage indicated in the prior submission to Congress under subsection (b)(1); or (2) any enrichment of uranium–235 in a quantity exceeding 10 kilograms. (b) Submission to Congress (1) In general Not later than 48 hours after the Director of National Intelligence assesses that the Islamic Republic of Iran has produced or possesses any amount of uranium–235 enriched to greater than 60 percent purity or has engaged in significant enrichment activity, the Director of National Intelligence shall submit to Congress such assessment, consistent with the protection of intelligence sources and methods. (2) Duplication For any submission required by this subsection, the Director of National Intelligence may rely upon existing products that reflect the current analytic judgment of the intelligence community, including reports or products produced in response to congressional mandate or requests from executive branch officials. C Missile defense 1631. Designation of official responsible for missile defense of Guam Paragraph (1) of section 1660(b) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 ( Public Law 117–263 (1) Designation The Secretary of Defense shall designate the Under Secretary of Defense for Acquisition and Sustainment as the senior official of the Department of Defense who shall be responsible for the missile defense of Guam during the period preceding the date specified in paragraph (5). . 1632. Selection of a Director of the Missile Defense Agency Subsection (a) of section 205 of title 10, United States Code, is amended to read as follows: (a) Director of the Missile Defense Agency There is a Director of the Missile Defense Agency who shall be appointed for a period of six years by the President from among the general officers on active duty in the Army, Air Force, Marine Corps, or Space Force or from among the flag officers on active duty in the Navy. . 1633. Modification of requirement for Comptroller General of the United States review and assessment of missile defense acquisition programs Section 232(a) of the National Defense Authorization Act for Fiscal Year 2012 ( Public Law 112–81 Public Law 114–92 Public Law 116–283 (1) in paragraph (1), by striking through 2025 through 2030 (2) in paragraph (2), by striking through 2026 through 2031 (3) in paragraph (3)— (A) in the paragraph heading, by striking emerging other Department of Defense missile defense acquisition efforts and related (B) by striking emerging issues and emerging issues, any Department of Defense missile defense acquisition efforts, and any other related issue and (C) by inserting on a mutually agreed upon date 1634. 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 2024 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 2024 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 2024 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 (1) The congressional defense committees. (2) The Committee on Foreign Relations of the Senate and the (3) Committee on Foreign Affairs of the House of Representatives. 1635. Modification of scope of program accountability matrices requirements for next generation interceptors for missile defense of the United States homeland Section 1668(f) of the National Defense Authorization Act for Fiscal Year 2022 ( Public Law 117–81 (1) by inserting and the product development phase technology development phase (2) in paragraph (7), by striking enter the product development phase enter the production phase 1636. Limitation on availability of funds for Office of Cost Assessment and Program Evaluation until submission of missile defense roles and responsibilities report Of the funds authorized to be appropriated for fiscal year 2024 by section 301 for operation and maintenance, Defense-wide, and available for the Office of Cost Assessment and Program Evaluation, not more than 50 percent may be obligated or expended until the date on which the Secretary of Defense submits to the congressional defense committees the report required by section 1675(b) of the National Defense Authorization Act for Fiscal Year 2022 ( Public Law 117–81 1637. Integrated air and missile defense architecture for the Indo-Pacific region (a) Strategy required The Commander of United States Indo-Pacific Command shall, in coordination with the Under Secretary of Defense for Acquisition and Sustainment, the Commander of United States Northern Command, the Director of the Missile Defense Agency, and the Director of the Joint Integrated Air and Missile Defense Organization, develop a comprehensive strategy for developing, acquiring, and operationally establishing an integrated air and missile defense architecture for the United States Indo-Pacific Command area of responsibility. (b) Strategy components At a minimum, the strategy required by subsection (a) shall address the following: (1) The sensing, tracking, and intercepting capabilities required to address the full range of credible missile threats to— (A) the Hawaiian Islands; (B) the island of Guam and other islands in the greater Marianas region, as determined necessary by the Commander of United States Indo-Pacific Command; (C) other United States territories within the area of responsibility of United States Indo-Pacific Command; and (D) United States forces deployed within the territories of other nations within such area of responsibility. (2) The appropriate balance of missile detection, tracking, defense, and defeat capabilities within such area of responsibility. (3) A command and control network for integrating missile detection, tracking, defense, and defeat capabilities across such area of responsibility. (4) A time-phased scheduling construct for fielding the constituent systems that will comprise the integrated air and missile defense architecture for such area of responsibility. (c) Annual report (1) In general Not later than March 15, 2024, and not less frequently than once each year thereafter, the Commander of United States Indo-Pacific Command shall, in coordination with the Under Secretary of Defense for Acquisition and Sustainment, the Commander of United States Northern Command, the Director of the Missile Defense Agency, and the Director of the Joint Integrated Air and Missile Defense Organization, submit to the congressional defense committees an annual report outlining the following with regard to the strategy developed pursuant to subsection (a): (A) The activities conducted and progress made in developing and implementing the strategy over the previous calendar year. (B) The planned activities for developing and implementing the strategy in the upcoming year. (C) A description of likely risks and impediments to the successful implementation of the strategy. (2) Termination The requirements of paragraph (1) shall terminate on the earlier of the following: (A) March 15, 2029. (B) The date on which a comprehensive integrated air and missile defense architecture for the area of responsibility of United States Indo-Pacific Command has achieved initial operational capability, as determined jointly by the Commander of United States Indo-Pacific Command and the Director of the Missile Defense Agency. (d) Limitations Of the equipment and components previously procured by the Department of Defense for the purposes of constructing the Homeland Defense Radar–Hawaii, none of such assets may be repurposed for other uses until the first annual report required by subsection (c)(1) is submitted to the congressional defense committees pursuant to such subsection. 1638. Modification of National Missile Defense policy Section 1681(a) of the of the National Defense Authorization Act for fiscal year 2017 ( Public Law 114–328 10 U.S.C. 4205 (a) Policy It is the policy of the United States to— (1) maintain and improve, with funding subject to the annual authorization of appropriations and the annual appropriation of funds for National Missile Defense— (A) an effective, layered missile defense system capable of defending the territory of the United States against the developing and increasingly complex missile threat; and (B) an effective regional missile defense system capable of defending the allies, partners, and deployed forces of the United States against increasingly complex missile threats; and (2) rely on nuclear deterrence to address more sophisticated and larger quantity near-peer intercontinental missile threats to the homeland of the United States. . D Other matters 1641. Electronic warfare (a) In general Part I of subtitle A of title 10, United States Code, is amended by adding at the end the following new chapter: 25 Electronic Warfare Sec. 500. Electronic Warfare Executive Committee. 500a. Guidance on the electronic warfare mission area and joint electromagnetic spectrum operations. 500b. Annual report on electronic warfare strategy of the Department of Defense. 500c. Annual assessment of budget with respect to electronic warfare capabilities. 500d. Electromagnetic spectrum superiority implementation plan. 500e. Electromagnetic Spectrum Enterprise Operational Lead for Joint Electromagnetic Spectrum Operations. 500f. Evaluations of abilities of armed forces and combatant commands to perform electromagnetic spectrum operations missions. 500. Electronic Warfare Executive Committee (a) In general There is within the Department of Defense an Electronic Warfare Executive Committee (in this section referred to as the Executive Committee (b) Purposes The Executive Committee shall— (1) serve as the principal forum within the Department of Defense to inform, coordinate, and evaluate matters relating to electronic warfare; (2) provide senior oversight, coordination, and budget and capability harmonization with respect to such matters; and (3) act as an advisory body to the Secretary of Defense, the Deputy Secretary of Defense, and the Management Action Group of the Deputy Secretary with respect to such matters. (c) Responsibilities The Executive Committee shall— (1) advise key senior level decision-making bodies of the Department of Defense with respect to the development and implementation of acquisition investments relating to electronic warfare and electromagnetic spectrum operations of the Department, including relevant acquisition policies, projects, programs, modeling, and test and evaluation infrastructure; (2) provide a forum to enable synchronization and integration support with respect to the development and acquisition of electronic warfare capabilities— (A) by aligning the processes of the Department for requirements, research, development, acquisition, testing, and sustainment; and (B) carrying out other related duties; and (3) act as the senior level review forum for the portfolio of capability investments of the Department relating to electronic warfare and electromagnetic spectrum operations and other related matters. (d) Coordination with intelligence community The Executive Committee, acting through the Under Secretary of Defense for Intelligence and Security, shall coordinate with the intelligence community (as defined in section 3 of the National Security Act of 1947 ( 50 U.S.C. 3003 (e) Meetings (1) Frequency The Executive Committee shall hold meetings not less frequently than quarterly and as necessary to address particular issues. (2) Form The Executive Committee may hold meetings by videoconference. (f) Membership (1) In general The Executive Committee shall be composed of the following principal members: (A) The Under Secretary of Defense for Acquisition and Sustainment. (B) The Vice Chairman of the Joint Chiefs of Staff. (C) The Under Secretary of Defense for Intelligence and Security. (D) The Under Secretary of Defense for Policy. (E) The Commander of the United States Strategic Command. (F) The Chief Information Officer of the Department of Defense. (G) Such other Federal officers or employees as the Secretary of Defense considers appropriate, consistent with other authorities of the Department of Defense and publications of the Joint Staff, including the Charter for the Electronic Warfare Executive Committee, dated March 17, 2015. (g) Co-chairs of Executive Committee (1) In general The Under Secretary of Defense for Acquisition and Sustainment and the Vice Chairman of the Joint Chiefs of Staff, or their designees, shall serve as co-chairs of the Executive Committee. (2) Responsibilities of co-chairs The co-chairs of the Executive Committee shall— (A) preside at all Executive Committee meetings or have their designees preside at such meetings; (B) provide administrative control of the Executive Committee; (C) jointly guide the activities and actions of the Executive Committee; (D) approve all agendas for and summaries of meetings of the Executive Committee; (E) charter tailored working groups to conduct mission area analysis, as required, under subsection (i); and (F) perform such other duties as may be necessary to ensure the good order and functioning of the Executive Committee. (h) Electronic warfare capability team (1) In general There is within the Executive Committee an electronic warfare capability team, which shall— (A) serve as a flag officer level focus group and executive secretariat subordinate to the Executive Committee; and (B) in that capacity— (i) provide initial senior level coordination on key electronic warfare issues; (ii) prepare recommended courses of action to present to the Executive Committee; and (iii) perform other related duties. (2) Co-chairs The electronic warfare capability team shall be co-chaired by one representative from the Office of the Under Secretary of Defense for Acquisition and Sustainment and one representative from the Force Structure, Resources, and Assessment Directorate of the Joint Staff (J–8). (3) Staff The principal members of the Executive Committee shall designate representatives from their respective staffs to the electronic warfare capability team. (i) Mission area working groups (1) In general The Executive Committee shall establish mission area working groups on a temporary basis— (A) to address specific issues and mission areas relating to electronic warfare and electromagnetic spectrum operations; (B) to involve subject matter experts and components of the Department of Defense with expertise in electronic warfare and electromagnetic spectrum operations; and (C) to perform other related duties. (2) Dissolution The Executive Committee shall dissolve a mission area working group established under paragraph (1) once the issue the working group was established to address is satisfactorily resolved. (j) Administration The Under Secretary of Defense for Acquisition and Sustainment shall administratively support the Executive Committee, including by designating not fewer than two officials of the Department of Defense to support the day-to-day operations of the Executive Committee. (k) Report to Congress Not later than February 28, 2024, and annually thereafter through 2030, the Executive Committee shall submit to the congressional defense committees a summary of activities of the Executive Committee during the preceding fiscal year. 500a. Guidance on the electronic warfare mission area and joint electromagnetic spectrum operations The Secretary of Defense shall— (1) establish processes and procedures to develop, integrate, and enhance the electronic warfare mission area and the conduct of joint electromagnetic spectrum operations in all domains across the Department of Defense; and (2) ensure that such processes and procedures provide for integrated defense-wide strategy, planning, and budgeting with respect to the conduct of such operations by the Department, including activities conducted to counter and deter such operations by malign actors. 500b. Annual report on electronic warfare strategy of the Department of Defense (a) In general At the same time as the President submits to Congress the budget of the President under section 1105(a) of title 31 for each of fiscal years 2025 through 2029, the Secretary of Defense, in coordination with the Chairman of the Joint Chiefs of Staff and the Secretary of each of the military departments, shall submit to the congressional defense committees an annual report on the electronic warfare strategy of the Department of Defense. (b) Contents of report Each report required under subsection (a) shall include each of the following: (1) A description and overview of— (A) the electronic warfare strategy of the Department of Defense; (B) how such strategy supports the National Defense Strategy; and (C) the organizational structure assigned to oversee the development of the Department's electronic warfare strategy, requirements, capabilities, programs, and projects. (2) A list of all the electronic warfare acquisition programs and research and development projects of the Department of Defense and a description of how each program or project supports the Department's electronic warfare strategy. (3) For each unclassified program or project on the list required by paragraph (2)— (A) the senior acquisition executive and organization responsible for oversight of the program or project; (B) whether or not validated requirements exist for the program or project and, if such requirements do exist, the date on which the requirements were validated and the organizational authority that validated such requirements; (C) the total amount of funding appropriated, obligated, and forecasted by fiscal year for the program or project, including the program element or procurement line number from which the program or project receives funding; (D) the development or procurement schedule for the program or project; (E) an assessment of the cost, schedule, and performance of the program or project as it relates to the program baseline for the program or project, as of the date of the submission of the report, and the original program baseline for such program or project, if such baselines are not the same; (F) the technology readiness level of each critical technology that is part of the program or project; (G) whether or not the program or project is redundant or overlaps with the efforts of another military department; and (H) the capability gap that the program or project is being developed or procured to fulfill. (4) A classified annex that contains the items described in subparagraphs (A) through (H) of paragraph (3) for each classified program or project on the list required by paragraph (2). 500c. Annual assessment of budget with respect to electronic warfare capabilities At the same time as the President submits to Congress the budget of the President under section 1105(a) of title 31 for each of fiscal years 2025 through 2029, the Secretary of Defense shall submit to the congressional defense committees an assessment by the Director of Cost Assessment and Program Evaluation as to whether sufficient funds are requested in such budget for anticipated activities in such fiscal year for each of the following: (1) The development of an electromagnetic battle management capability for joint electromagnetic spectrum operations. (2) The establishment and operation of associated joint electromagnetic spectrum operations cells. 500d. Electromagnetic spectrum superiority implementation plan (a) In general The Chief Information Officer of the Department of Defense shall be responsible for oversight of the electromagnetic superiority implementation plan. (b) Report required Concurrent with the submission of the budget of the President to Congress under section 1105(a) of title 31 for each of fiscal years 2025 through 2029, the Chief Information Officer shall submit to the congressional defense committees a report that includes the following with respect to the electromagnetic superiority implementation plan: (1) The implementation plan in effect as of the date of the report, noting any revisions from the preceding plan. (2) A statement of the elements of the implementation plan that have been achieved. (3) For each element that has been achieved, an assessment of whether the element is having its intended effect. (4) For any element that has not been achieved, an assessment of progress made in achieving the element, including a description of any obstacles that may hinder further progress. (5) For any element that has been removed from the implementation plan, a description of the reason for the removal of the element and an assessment of the impact of not pursuing achievement of the element. (6) Such additional matters as the Chief Information Officer considers appropriate. (c) Electromagnetic superiority implementation plan defined In this section, the term electromagnetic superiority implementation plan 500e. Electromagnetic Spectrum Enterprise Operational Lead for Joint Electromagnetic Spectrum Operations (a) In general Not later than 30 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2024, the Secretary of Defense shall establish an Electromagnetic Spectrum Enterprise Operational Lead for Joint Electromagnetic Spectrum Operations (in this section referred to as the operational lead (b) Function The operational lead shall be responsible for synchronizing, assessing, and making recommendations to the Chairman of the Joint Chiefs of Staff with respect to the readiness of the combatant commands to conduct joint electromagnetic spectrum operations. (c) Briefings required Concurrent with the submission of the budget of the President to Congress under section 1105(a) of title 31 for each of fiscal years 2025 through 2029, the Chairman, acting through the operational lead, shall brief to the congressional defense committees on the following: (1) Progress made in achieving full operational capability to conduct joint electromagnetic spectrum operations and any impediments to achieving such capability. (2) The readiness of the combatant commands to conduct such operations. (3) Recommendations for overcoming any deficiencies in the readiness of the combatant commands to conduct such operations and any material gaps contributing to such deficiencies. (4) Such other matters as the Chairman considers important to ensuring that the combatant commands are capable of conducting such operations. 500f. Evaluations of abilities of armed forces and combatant commands to perform electromagnetic spectrum operations missions (a) Evaluations of armed forces (1) In general Not later than October 1, 2024, and annually thereafter through 2029, the Chief of Staff of the Army, the Chief of Naval Operations, the Chief of Staff of the Air Force, the Commandant of the Marine Corps, and the Chief of Space Operations shall each carry out an evaluation of the ability of the armed force concerned to perform electromagnetic spectrum operations missions required by each of the following: (A) The Electromagnetic Spectrum Superiority Strategy. (B) The Joint Staff-developed concept of operations for electromagnetic spectrum operations. (C) The operations and contingency plans of the combatant commands. (2) Certification required Not later than December 31 of each year in which evaluations are required under paragraph (1), each official specified in that paragraph shall certify to the congressional defense committees that the evaluation required to be carried out by that official has occurred. (3) Elements Each evaluation under paragraph (1) shall include an assessment of the following: (A) Current programs of record, including— (i) the ability of weapon systems to perform missions in contested electromagnetic spectrum environments; and (ii) the ability of electronic warfare capabilities to disrupt adversary operations. (B) Future programs of record, including— (i) the need for distributed or network-centric electronic warfare and signals intelligence capabilities; and (ii) the need for automated and machine learning- or artificial intelligence-assisted electronic warfare capabilities. (C) Order of battle. (D) Individual and unit training. (E) Tactics, techniques, and procedures, including— (i) maneuver, distribution of assets, and the use of decoys; and (ii) integration of non-kinetic and kinetic fires. (F) Other matters relevant to evaluating the ability of the armed force concerned to perform electromagnetic spectrum operations missions described in paragraph (1). (b) Evaluations of combatant commands (1) In general Not later than October 1, 2024, and annually thereafter through 2029, the Chairman of the Joint Chiefs of Staff, acting through the Electromagnetic Spectrum Enterprise Operational Lead for Joint Electromagnetic Spectrum Operations established under section 500e (in this section referred to as the operational lead (A) The Electromagnetic Spectrum Superiority Strategy. (B) The Joint Staff-developed concept of operations for electromagnetic spectrum operations. (2) Elements Each evaluation under paragraph (1) shall include an assessment, as relevant, of the following: (A) Operation and contingency plans. (B) The manning, organizational alignment, and capability of joint electromagnetic spectrum operations cells. (C) Mission rehearsal and exercises. (D) Force positioning, posture, and readiness. (3) Briefing required Not later than December 31 of each year in which an evaluation is required under paragraph (A), the Chairman of the Joint Chiefs of Staff, acting through the operational lead, shall brief the congressional defense committees on the results of the evaluation. . (b) Clerical amendment The tables of chapters at the beginning of subtitle A of title 10, United States Code, and at the beginning of part I of such subtitle, are each amended by inserting after the item relating to chapter 24 the following new item: 25. Electronic Warfare 500 . (c) Conforming repeal Section 1053 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 10 U.S.C. 113 1642. Study on the future of the Integrated Tactical Warning Attack Assessment System (a) In general The Chairman of the Joint Chiefs of Staff shall enter into an agreement with a federally funded research and development center— (1) to conduct a study on the future of the Integrated Tactical Warning Attack Assessment System (ITW/AA); and (2) to submit to the Chairman a report on the findings of the center with respect to the study conducted under paragraph (1). (b) Elements The study conducted pursuant to an agreement under subsection (a) shall cover the following: (1) Future air and missile threats to the United States. (2) The integration of multi-domain sensor data and their ground systems with the existing architecture of the Integrated Tactical Warning Attack Assessment System. (3) The effect of the integration described in paragraph (2) on the data reliability standards of the Integrated Tactical Warning Attack Assessment System. (4) Future data visualization, conferencing, and decisionmaking capabilities of such system. (5) Such other matters as the Chairman considers relevant to the study. (c) Report Not later than 270 days after the date of the enactment of this Act, the Chairman shall submit to the congressional defense committees— (1) the report submitted to the Chairman under subsection (a)(2); and (2) the assessment of the Chairman with respect to the findings in such report and the recommendations of the Chairman with respect to modernizing the Integrated Tactical Warning Attack Assessment System. 1643. Comprehensive review of electronic warfare test ranges and future capabilities (a) In general The Under Secretary of Defense for Research and Engineering, in consultation with the Chairman of the Joint Chiefs of Staff, shall conduct a comprehensive review of any deficiencies in the capacity of the electronic warfare test ranges and future electronic warfare capabilities of the Department of Defense relating to current and future global threats, research and development efforts, modeling, and electromagnetic and physical encroachment of the test ranges. (b) Elements The review required by subsection (a) shall consider the following: (1) Each electronic warfare test range, its size, any distinguishing features, and its electronic warfare capabilities. (2) The electronic warfare capabilities that are best practiced at which range and any encroachment issues between ranges. (3) Future electronic warfare capabilities and planned acquisitions. (4) Any modeling the Test Resource Management Center has done on incorporating future or planned electronic warfare capabilities into the current test ranges. (5) Any other matter the Under Secretary considers necessary. (c) Briefing required Not later than March 31, 2024, the Under Secretary shall provide the congressional defense committees with a briefing on the findings of the review required by subsection (a) that includes— (1) an assessment of any deficiency in the electronic warfare test ranges and future electronic warfare capabilities of the Department of Defense identified in the review; and (2) a plan to address any such deficiency in a timely manner. 1644. 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 2026 1645. Addressing serious deficiencies in electronic protection of systems that operate in the radio frequency spectrum (a) In general The Secretary of Defense shall take such actions as the Secretary considers necessary and practicable— (1) to establish requirements for and assign sufficient priority to ensuring electronic protection of sensor, navigation, and communications systems and subsystems against jamming, spoofing, and unintended interference from military systems; and (2) to provide management oversight and supervision of the military departments to ensure electronic protection of military systems that emit and receive in radio frequencies against modern threats and interference from military systems operating in the same or adjacent radio frequency of Federal spectrum. (b) Specific required actions The Secretary shall require the military departments and combat support agencies to— (1) develop and approve requirements, through the Joint Requirements Oversight Council as appropriate, within 270 days of the date of the enactment of this Act, for every radar, signals intelligence, navigation, and communications system and subsystem subject to the Global Force Management process to be able to withstand threat-realistic levels of jamming, spoofing, and unintended interference, which includes self-generated interference; (2) test every system and subsystem described in paragraph (1) at a test range that permits threat-realistic electronic warfare attacks against the system or subsystem by a red team or opposition force at least once every 4 years, with the first set of highest priority systems to be initially tested no later than fiscal year 2025; (3) retrofit every system and subsystem described in paragraph (1) that fails to meet electronic protection requirements during testing with electronic protection measures that can withstand threat-realistic jamming, spoofing, and unintended interference within 3 years from the date of the testing, and to retest such systems and subsystems within 4 years of the initial failed test; (4) survey, identify, and test available technology that can be practically and affordably retro-fitted on the systems described in paragraph (1) and which provides robust protection against threat-realistic jamming, spoofing, and unintended interference; and (5) design and build electronic protection into ongoing and future development programs to withstand expected jamming and spoofing threats and unintended interference. (c) Waiver The Secretary may establish a process for issuing waivers on a case-by-case basis for the testing requirement established in paragraph (2) of subsection (b) and for the retrofit requirement established in paragraph (3) of such subsection. (d) Annual reports Each fiscal year, coinciding with the submission of the President’s budget request to Congress pursuant to section 1105(a) of title 31, United States Code, through fiscal year 2030, the Director of Operational Test and Evaluation shall submit to the Electronic Warfare Executive Committee, the Committee on Armed Services of the Senate, and the Committee on Armed Services of the House of Representatives a comprehensive annual report aggregating reporting from the military departments and combat support agencies that describes— (1) the implementation of the requirements of this section; (2) the systems subject to testing in the previous year and the results of such tests, including a description of the requirements for electronic protection established for the tested systems; and (3) each waiver issued in the previous year with respect to such requirements, together with a detailed rationale for the waiver and a plan for addressing the basis for the waiver request. 1646. Funding limitation on certain unreported programs (a) Limitation on availability of funds None of the funds authorized to be appropriated by this Act for fiscal year 2024 may be obligated or expended, directly or indirectly, in part or in whole, for, on, in relation to, or in support of activities involving unidentified anomalous phenomena protected under any form of special access or restricted access limitations that have not been formally, officially, explicitly, and specifically described, explained, and justified to the appropriate committees of Congress, congressional leadership, and the Director, including for any activities relating to the following: (1) Recruiting, employing, training, equipping, and operations of, and providing security for, Government or contractor personnel with a primary, secondary, or contingency mission of capturing, recovering, and securing unidentified anomalous phenomena craft or pieces and components of such craft. (2) Analyzing such craft or pieces or components thereof, including for the purpose of determining properties, material composition, method of manufacture, origin, characteristics, usage and application, performance, operational modalities, or reverse engineering of such craft or component technology. (3) Managing and providing security for protecting activities and information relating to unidentified anomalous phenomena from disclosure or compromise. (4) Actions relating to reverse engineering or replicating unidentified anomalous phenomena technology or performance based on analysis of materials or sensor and observational information associated with unidentified anomalous phenomena. (5) The development of propulsion technology, or aerospace craft that uses propulsion technology, systems, or subsystems that is based on or derived from or inspired by inspection, analysis, or reverse engineering of recovered unidentified anomalous phenomena craft or materials. (6) Any aerospace craft that uses propulsion technology other than chemical propellants, solar power, and electric ion thrust. (b) Notification and reporting (1) In general Any person currently or formerly under contract with the Federal Government that has in their possession material or information provided by or derived from the Federal Government relating to unidentified anomalous phenomena that formerly or currently is protected by any form of special access or restricted access shall— (A) not later than 60 days after the date of the enactment of this Act, notify the Director of such possession; and (B) not later than 180 days after the date of the enactment of this Act, make available to the Director for assessment, analysis, and inspection— (i) all such material and information; and (ii) a comprehensive list of all non-earth origin or exotic unidentified anomalous phenomena materiel. (2) Protections The provision of notice and the making available of material and information under paragraph (1) shall be treated as an authorized disclosure under section 1673(b) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 ( 50 U.S.C. 3373b (c) Limitation regarding independent research and development Consistent with Department of Defense Instruction Number 3204.01 (dated August 20, 2014, incorporating change 2, dated July 9, 2020; relating to Department policy for oversight of independent research and development), independent research and development funding relating to material or information described in subsection (a) shall not be allowable as indirect expenses for purposes of contracts covered by such instruction, unless such material and information is made available to the Director in accordance with subsection (b). (d) Notice to Congress Not later than 30 days after the date on which the Director has received a notification under subparagraph (A) of subsection (b)(1) or information or material under paragraph (B) of such subsection, the Director shall provide a written notification of such receipt to the appropriate committees of Congress and congressional leadership. (e) Definitions In this section: (1) The term appropriate committees of Congress (A) the Select Committee on Intelligence, the Committee on Armed Services, and the Committee on Appropriations of the Senate; and (B) the Permanent Select Committee on Intelligence, the Committee on Armed Services, and the Committee on Appropriations of the House of Representatives. (2) The term congressional leadership (A) the majority leader of the Senate; (B) the minority leader of the Senate; (C) the Speaker of the House of Representatives; and (D) the minority leader of the House of Representatives. (3) The term Director (4) The term unidentified anomalous phenomena 50 U.S.C. 3373(n) Public Law 117–263 1647. Revision of Secretary of Defense authority to engage in commercial activities as security for intelligence collection activities (a) Extension of authority Section 431(a) of title 10, United States Code, is amended by striking December 31, 2023 December 31, 2025 (b) Interagency coordination and support Paragraph (1) of section 431(b) of such title is amended to read as follows: (1) be pre-coordinated with the Director of the Central Intelligence Agency using procedures mutually agreed upon by the Secretary of Defense and the Director, and, where appropriate, be supported by the Director; and . XVII Cyberspace-related matters A Matters relating to cyber operations and cyber forces 1701. Measures to enhance the readiness and effectiveness of the Cyber Mission Force (a) Personnel requirements and training for critical work roles The Secretary of Defense shall— (1) develop a plan to require— (A) a term of enlistment that is— (i) common across the military departments for critical work roles of the Cyber Mission Force; (ii) appropriate given the value of the training required for such work roles; and (iii) sufficient and extensive enough to meet the readiness requirements established by the Commander of United States Cyber Command; (B) tour lengths for personnel in the Cyber Mission Force that are— (i) common across the military departments; and (ii) sufficient and extensive enough to meet the readiness requirements established by the Commander of United States Cyber Command; (C) the military departments to present Cyber Mission Force personnel to the Commander of United States Cyber Command who are fully trained to the standards required by the work roles established by the Commander, including the critical work roles of the Cyber Mission Force, prior to their attachment or assignment to a unit of United States Cyber Command; (D) obligated service for members who receive the training contemplated in paragraph (C) which is commensurate with the significant financial and time investments made by the military service for the training received; and (E) facilitation of consecutive assignments at the same unit while not inhibiting the advancement or promotion potential of any member of the Armed Forces. (2) direct the Secretaries of the military departments to implement the plan developed under paragraph (1); and (3) establish curriculum and capacity within one or more military departments to train sufficient numbers of personnel from all of the military departments who can effectively perform the critical Cyber Mission Force work roles to achieve the readiness requirements established by the Commander of United States Cyber Command. (b) Pilot program on acquiring contract services for critical work roles (1) Pilot program required Not later than 180 days after the date of the enactment of this Act, the Commander of United States Cyber Command shall commence a pilot program to assess the feasibility and advisability of acquiring the services of skilled personnel in the critical work roles of the Cyber Mission Force by contracting with one or more persons to enhance the readiness and effectiveness of the Cyber Mission Force. (2) Pilot program duration The Commander shall carry out the pilot program required by subsection paragraph (1) during the three-year period beginning on the date of the commencement of the pilot program and may, after such period— (A) continue carrying out such pilot program after such period for such duration as the Commander considers appropriate; or (B) transition such pilot program to a permanent program. (c) Plan on hiring, training, and retaining civilians to serve in critical work roles Not later than 120 days after the date of the enactment of this Act, the Commander shall— (1) develop a plan to hire, train, and retain civilians to serve in the critical work roles of the Cyber Mission Force and other positions of the Cyber Mission Force to enhance the readiness and effectiveness of the Cyber Mission Force; and (2) provide the congressional defense committees a briefing on the plan developed under paragraph (1). (d) Definition of critical work roles of the Cyber Mission Force The term critical work roles of the Cyber Mission Force 1702. Cyber intelligence center (a) Establishment of capability required The Secretary of Defense shall establish a dedicated cyber intelligence capability to support the requirements of United States Cyber Command, the other combatant commands, the military departments, defense agencies, the Joint Staff, and the Office of the Secretary of Defense for foundational, scientific and technical, and all-source intelligence on cyber technology development, capabilities, concepts of operation, operations, and plans and intentions of cyber threat actors. (b) Establishment of center authorized (1) Authorization Subject to paragraph (2), the Secretary may establish an all-source analysis center under the administration of the Defense Intelligence Agency to provide foundational intelligence for the capability established under subsection (a). (2) Limitation Information technology services for a center established under paragraph (1) may not be provided by the National Security Agency. (c) Resources (1) In general The Secretary shall direct and provide resources to the Commander of United States Cyber Command within the Military Intelligence Program to fund collection and analysis by the National Security Agency to meet the specific requirements established by the Commander for signals intelligence support. (2) Transfer of activities The Secretary may transfer the activities required under paragraph (1) to the National Intelligence Program if the Director of National Intelligence concurs and the transfer is specifically authorized in an intelligence authorization Act. (d) Briefing Not later than 180 days after the date of the enactment of this Act, the Commander shall— (1) develop an estimate of the signals intelligence collection and analysis required of the National Security Agency and the cost of such collection and analysis; and (2) provide the congressional defense committees, the Select Committee on Intelligence of the Senate, and the Permanent Select Committee on Intelligence of the House of Representatives a briefing on the estimate developed under paragraph (1). 1703. Performance metrics for pilot program for sharing cyber capabilities and related information with foreign operational partners (a) In general The section 398 of title 10, United States Code (relating to pilot program for sharing cyber capabilities and related information with foreign operational partners), as added by section 1551(a) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 ( Public Law 117–263 (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): (f) Performance metrics (1) The Secretary of Defense shall maintain performance metrics to track the results of sharing cyber capabilities and related information with foreign operational partners under a pilot program authorized by subsection (a). (2) The performance metrics under paragraph (1) shall include the following: (A) Who the cyber capability was used against. (B) The effect of the cyber capability, including whether and how the transfer of the cyber capability improved the operational cyber posture of the United States and achieved operational objectives of the United States, or had no effect. (C) Such other outcome-based or appropriate performance metrics as the Secretary considers appropriate for evaluating the effectiveness of a pilot program carried out under subsection (a). . (b) Technical correction Chapter 19 of such title is amended— (1) in the table of sections for such chapter by striking the item relating to such section 398 and inserting the following: 398a. Pilot program for sharing cyber capabilities and related information with foreign operational partners. ; and (2) by redesignating such section 398 as section 398a. 1704. Next generation cyber red teams (a) Development and submission of plans Not later than 180 days after the date of the enactment of this Act, the Under Secretary of Defense for Policy shall direct the appropriate Assistant Secretary of Defense in the Office of the Under Secretary of Defense for Policy, in consultation with the Principal Cyber Advisors of the military departments, to oversee the development and submission of a plan described in subsection (b) to the Director of Operational Test and Evaluation (OT&E) and the Director of the National Security Agency (NSA) for assessment under subsection (c). (b) Plans described The plan described in this subsection is a plan— (1) to modernize cyber red teams ( CRTs (2) to establish joint service standards and metrics to ensure cyber red teams are adequately trained, staffed, and equipped to emulate advanced nation-state threats; and (3) to expand partnerships between the Department of Defense, particularly existing cyber red teams, and academia to expand the cyber talent workforce. (c) Assessment The Director of Operational Test and Evaluation shall, in coordination with the Director of the National Security Agency, review the plan submitted pursuant to subsection (a) and in doing so shall conduct an assessment of the plan with consideration of the following: (1) Opportunities for cyber red team operations to expand across the competition continuum, including during the cooperation and competition phases, strongly emphasizing pre-conflict preparation of the battlespace to better match adversary positioning and cyber activities, including operational security assessments to strengthen the ability of the Department to gain and maintain a tactical advantage. (2) The extent to which critical and emerging technologies and concepts such as artificial intelligence and machine learning enabled analysis and process automation can reduce the amount of person hours operators spend on maintenance and reporting to maximize research and training time. (3) 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 sustainability of the next generation of cyber red teams. (4) The extent to which additional resources or partnerships may be needed to remediate personnel shortfalls in cyber red teams, including funding for internship programs, hiring, and contracting. (d) Implementation Not later than one year after the date of enactment of this Act, the Secretary of Defense shall issue such policies and guidance and prescribe such regulations as the Secretary determines necessary to carry out the plan required by subsection (a). (e) Annual reports Not later than January 31, 2025, and not less frequently than annually thereafter until January 31, 2031, the Director of Operational Test and Evaluation shall include in the annual report required by section 139(h) of title 10, United States Code, the following: (1) The findings of the Director with respect to the assessment carried out pursuant to subsection (c). (2) The results of test and evaluation events, including any resource and capability shortfalls limiting the ability of cyber red teams to meet operational requirements. (3) The extent to which operations of cyber red teams have expanded across the competition continuum, including during cooperation and competition phases, to match adversary positioning and cyber activities. (4) A summary of identified categories of common gaps and shortfalls across military department and Defense Agency cyber red teams. (5) Any identified lessons learned that would affect training or operational employment decisions relating to cyber red teams. 1705. Management of data assets by Chief Digital Officer (a) In general The Secretary of Defense shall, acting through the Chief Data and Artificial Intelligence Officer of the Department of Defense (CDAO), provide data assets and data analytics capabilities necessary for understanding the global cyber-social terrain to support the planning and execution of defensive and offensive information operations, defensive and offensive cyber operations, indications and warning of adversary military activities and operations, and calibration of actions and reactions in great power competition. (b) Responsibilities of chief data and artificial intelligence officer The Chief Data and Artificial Intelligence Officer shall— (1) develop a baseline of data assets maintained by all defense intelligence agencies, military departments, combatant commands, and any other components of the Department; and (2) develop and oversee the implementation of plans to enhance data assets that are essential to support the purposes set forth in subsection (a). (c) Other matters The Chief Data and Artificial Intelligence Officer shall— (1) designate or establish one or more executive agents for enhancing data assets and the acquisition of data analytic tools for users; (2) ensure that data assets in the possession of a component of the Department are accessible for the purposes described in subsection (a); and (3) ensure that advanced analytics, including artificial intelligence technology, are developed and applied to the analysis of data assets in support of the purposes described in subsection (a). (d) Semiannual briefings Not later than 120 days after the date of the enactment of this Act and not less frequently semiannually thereafter, the Chief Data and Artificial Intelligence Officer shall provide the congressional defense committees, the Select Committee on Intelligence of the Senate, and the Permanent Select Committee on Intelligence of the House of Representatives a briefing on the implementation of this section. (e) Prior approval reprogramming After the date of the enactment of this Act, the Secretary may transfer funds to begin implementation of this section, subject to established limitations and approval procedures. 1706. Authority for countering illegal trafficking by Mexican transnational criminal organizations in cyberspace (a) Authority (1) In general In accordance with sections 124 and 394 of title 10, United States Code, the Secretary of Defense may, in coordination with other relevant Federal departments and agencies and in consultation with the Government of Mexico as appropriate, conduct detection, monitoring, and other operations in cyberspace to counter Mexican transnational criminal organizations that are engaged in any of the following activities that cross the southern border of the United States: (A) Smuggling of illegal drugs, controlled substances, or precursors thereof. (B) Human trafficking. (C) Weapons trafficking. (D) Other illegal activities. (2) Certain entities The authority provided by paragraph (1) may be used to counter Mexican transnational criminal organizations, including entities cited in the most recent National Drug Threat Assessment published by the United States Drug Enforcement Administration, that are engaged in the activities described in (1). (b) Cyber strategy for countering illegal trafficking by transnational criminal organizations affecting the security of United States southern border (1) Strategy required Not later than 60 days after the date of the enactment of this Act, the Secretary shall, in consultation with the National Cyber Director and the heads of such other Federal departments and agencies as the Secretary considers appropriate, submit to the appropriate congressional committees a strategy for conducting operations in cyberspace under subsection (a). (2) Elements The strategy submitted pursuant to paragraph (1) shall include the following: (A) A description of the cyberspace presence and activities, including any information operations, of the entities described under subsection (a)(2) pose to the national security of the United States. (B) A description of any previous actions taken by the Department of Defense to conduct operations in cyberspace to counter illegal activities by transnational criminal organizations, and a description of those actions. (C) An assessment of the financial, technological, and personnel resources that the Secretary can deploy to exercise the authority provided in subsection (a) to counter illegal trafficking by transnational criminal organizations. (D) Recommendations, if any, for additional authorities as may be required to enhance the exercise of the authority provided in subsection (a). (E) A description of the extent to which the Secretary has worked, or intends to work, with the Government of Mexico, interagency partners, and the private sector to enable operations in cyberspace against illegal trafficking by transnational criminal organizations. (F) A description of the security cooperation programs in effect on the day before the date of the enactment of this Act that would enable the Secretary to cooperate with Mexican defense partners against illegal trafficking by transnational criminal organizations in cyberspace. (G) An assessment of the potential risks associated with cooperating with Mexican counterparts against transnational criminal organizations in cyberspace and ways that those risks can be mitigated, including in cooperation with Mexican partners. (H) A description of any cooperation agreements or initiatives in effect on the day before the date of the enactment of this Act with interagency partners and the government of Mexico to counter transnational criminal organizations in cyberspace. (c) Quarterly monitoring briefing The Secretary shall, on a quarterly basis in conjunction with the briefings required by section 484 of title 10, United States Code, provide to the appropriate congressional committees a briefing setting forth, for the preceding calendar quarter, the following: (1) Each country in which an operation was conducted under subsection (a). (2) The purpose and nature of each operation set forth pursuant to paragraph (1). (3) The start date and end date or expected duration of each operation set forth pursuant to paragraph (1). (4) The elements of the Department of Defense down to O–6 command level who conducted or are conducting the operations set forth pursuant to paragraph (1). (d) Rule of construction Nothing in this section shall be construed to supersede any standing prohibitions on collection of information on United States persons. 1707. Pilot program for cybersecurity collaboration center inclusion of semiconductor manufacturers (a) Establishment of pilot program The Secretary of Defense shall, in coordination with the Director of the National Security Agency, establish a pilot program to assess the feasibility and advisability of improving the semiconductor manufacturing supply chain by enabling the National Security Agency Cybersecurity Collaboration Center to collaborate with semiconductor manufacturers in the United States. (b) Program scope The pilot program established pursuant to subsection (a) shall focus on improving the cybersecurity of the supply chain for semiconductor design and manufacturing, including the following: (1) The cybersecurity of design and manufacturing processes, as well as assembly, packaging, and testing. (2) Protecting against cyber-driven intellectual property theft. (3) Reducing the risk of supply chain disruptions caused by cyberattacks. (c) Eligibility Persons who directly support the manufacture, packaging, and assembly of semiconductors within the United States and who provide semiconductor components for the Department of Defense, national security systems (as defined in section 3552(b) of title 44, United States Code), or the defense industrial base are eligible to participate in the pilot program. (d) Briefings (1) Initial (A) In general Not later than one year after the date of the enactment of this Act, the Secretary shall provide the appropriate committees of Congress a briefing on the pilot program required under subsection (a). (B) Elements The briefing required under subparagraph (A) shall include the following: (i) The plans of the Secretary for the implementation of the pilot program. (ii) Identification of key priorities for the pilot program. (iii) Identification of any potential challenges in standing up the pilot program or impediments to semiconductor manufacturer or semiconductor component supplier participation in the pilot program. (2) Annual (A) In general Not later than one year after the date of the enactment of this Act and annually thereafter for the duration of the pilot program required by subsection (a), the Secretary shall provide the appropriate committees of Congress a briefing on the progress of the pilot program. (B) Elements Each briefing required under subparagraph (A) shall include the following: (i) Recommendations for addressing relevant policy, budgetary, security, and legislative gaps to increase the effectiveness of the pilot program. For the first annual briefing, this shall include an assessment of the resources necessary for the pilot to be successful. (ii) Recommendations for increasing semiconductor manufacturer or semiconductor component supplier participation in the pilot program. (iii) A description of the challenges encountered in carrying out the pilot program, including any concerns expressed by semiconductor manufacturers or semiconductor component supplier. (iv) The findings of the Secretary with respect to the feasibility and advisability of extending or expanding the pilot program. (v) Such other matters as the Secretary considers appropriate. (e) Termination The pilot program required by subsection (a) shall terminate on the date that is four years after the date of the enactment of this Act. (f) Appropriate congressional committees defined In this section, the term appropriate congressional committees (1) the Committee on Armed Services and the Select Committee on Intelligence of the Senate; and (2) the Committee on Armed Services and the Permanent Select Committee on Intelligence of the House of Representatives. 1708. Independent evaluation regarding potential establishment of United States Cyber Force and further evolution of current model for management and execution of cyber mission (a) Agreement (1) In general The Secretary of Defense shall seek to enter into an agreement with the National Academy of Public Administration (in this section referred to as the National Academy (2) Timing The Secretary shall seek to enter into the agreement described in paragraph (1) by not later than 60 days after the date of the enactment of this Act. (b) Evaluation (1) In general Under an agreement between the Secretary and the National Academy entered into pursuant to subsection (a), the National Academy shall conduct an evaluation regarding the advisability of— (A) establishing a separate Armed Force dedicated to operations in the cyber domain (in this section referred to as the United States Cyber Force (B) refining and further evolving the current organization approach, which is based on the Special Operations Command model for United States Cyber Command. (2) Scope The evaluation conducted pursuant to paragraph (1) shall include consideration of— (A) the potential establishment of a United States Cyber Force as a separate Armed Force commensurate with the Army, Navy, Marine Corps, Air Force, and Space Force, for the purpose of organizing, training, and equipping the personnel required to enable and conduct operations in the cyber domain through positions aligned to the United States Cyber Command and the other unified combatant commands; (B) a United States Cyber Force able to devise and implement recruiting and retention policies and standards specific to the range of skills and career fields required to enable and conduct cyberspace operations, as determined by the United States Cyber Command and the other unified combatant commands; (C) the performance and efficacy of the Armed Forces to date, and potential improvements thereto from extending the model described in paragraph (1)(B), in satisfying the requirements of the combatant commands to enable and conduct operations in the cyber domain through positions aligned to the United States Cyber Command and other unified combatant commands, and any expected differences in that performance based on the creation of a United States Cyber Force as compared to evolutionary modifications to the current model; (D) the performance and efficacy of the Armed Forces to date, and potential improvements thereto from extending the model described in paragraph (1)(B), in devising and implementing recruitment and retention policies specific to the range of skills and career fields required to enable and conduct cyberspace operations, as determined by the United States Cyber Command and the other unified combatant commands, and any expected differences in that performance based on the creation of a United States Cyber Force as compared to evolutionary modifications to the current model; (E) potential and recommended delineations of responsibility between the other Armed Forces and a United States Cyber Force and an enhanced model described in paragraph (1)(B) with respect to network management, resourcing, and operations; (F) potential and recommended delineations of responsibility between the other Armed Forces and a United States Cyber Force and an enhancement of the model described in paragraph (1)(B) for United States Cyber Command with respect to organizing, training, and equipping members of the Cyberspace Operations Forces, not serving in positions aligned under the Cyber Mission Force, to the extent necessary to support network management and operations; (G) views and perspectives of members of the Armed Forces, in each grade, serving in the Cyber Mission Force with experience in operational work roles (as defined by the Commander of the United States Cyber Command), and military and civilian leaders across the Department regarding the establishment of a Cyber Force and a further evolution of the model described in paragraph (1)(B) for United States Cyber Command; (H) the extent to which each of the other Armed Forces is formed towards, and organized around, operations within a given warfighting domain, and the potential applicability of such formation and organizing constructs to a United States Cyber Force with respect to the cyber domain; (I) findings from previous relevant assessments, analyses, and studies conducted by the Secretary, the Comptroller General of the United States, or other entities determined relevant by the National Academy on the establishment of a United States Cyber Force and a further evolution of the model described in paragraph (1)(B) for United States Cyber Command; (J) the organizing constructs for effective and operationally mature cyber forces of foreign countries and the relevance of such constructs to the potential creation of a United States Cyber Force and a further evolution of the model described in paragraph (1)(B) for United States Cyber Command; (K) lessons learned from the creation of the United States Space Force that should be applied to the creation of a United States Cyber Force; (L) recommendations for approaches to the creation of a United States Cyber Force and the further evolution of the model described in paragraph (1)(B) for United States Cyber Command that would minimize disruptions to Department of Defense cyber operations; (M) the histories of the Armed Forces, including an analysis of the conditions that preceded the establishment of each new Armed Force established since 1900; and (N) a comparison between the potential service secretariat leadership structures for a United States Cyber Force and the further evolution of the model described in paragraph (1) for United States Cyber Command, including establishing the United States Cyber Force within an existing military department, standing up a new military department, and evolving the service secretary-like function of the Principal Cyber Advisor in the Office of the Under Secretary of Defense for Policy. (3) Considerations The evaluation conducted pursuant to paragraph (1) shall include an evaluation of how a potential United States Cyber Force dedicated to the cyber domain would compare in performance and efficacy to the current model and a further evolution of the model described in paragraph (1)(B) for United States Cyber Command, with respect to the following functions and potential objective end states, as well as an evaluation of the importance of the functions and potential end states: (A) Organizing, training, and equipping the size of a force necessary to satisfy existing and projected requirements of the Department of Defense. (B) Harmonizing training requirements and programs in support of cyberspace operations. (C) Recruiting and retaining qualified officers and enlisted members of the Armed Forces at the levels necessary to execute cyberspace operations. (D) Using reserve component forces in support of cyberspace operations. (E) Sustaining persistent force readiness. (F) Generating foundational intelligence in support of cyberspace operations. (G) Acquiring and providing cyber capabilities in support of cyberspace operations. (H) Establishing pay parity among members of the Armed Forces serving in and qualified for work roles in support of cyberspace operations. (I) Establishing pay parity among civilians serving in and qualified for work roles in support of cyberspace operations. (J) Establishing advancement parity for members of the Armed Forces serving in and qualified for work roles in support of cyberspace operations. (K) Establishing advancement parity for civilians serving in and qualified for work roles in support of cyberspace operations. (L) Developing professional military education content and curricula focused on the cyber domain. (c) Support from federally funded research and development center (1) In general Upon a request from the National Academy, the Secretary shall seek to enter into an agreement with a federally funded research and development center described in paragraph (2) under which such federally funded research and development center shall support the National Academy in conducting the evaluation under subsection (b). (2) Federally funded research and development center described A federally funded research and development center described in this paragraph is a federally funded research and development center the staff of which includes subject matter experts with appropriate security clearances and expertise in— (A) cyber warfare; (B) personnel management; (C) military training processes; and (D) acquisition management. (d) Access to Department of Defense personnel, information, and resources Under an agreement entered into between the Secretary and the National Academies under subsection (a)— (1) the Secretary shall agree to provide to the National Academy access to such personnel, information, and resources of the Department of Defense as may be determined necessary by the National Academy in furtherance of the conduct of the evaluation under subsection (b); and (2) if the Secretary does not provide such access, or any other major obstacle to such access occurs, the National Academy shall agree to notify the congressional defense committees not later than seven days after the date of such refusal or other occurrence. (e) Report (1) Submission to Congress Under an agreement entered into between the Secretary and the National Academy under subsection (a), the National Academy shall submit to the congressional defense committees a report containing the findings of the National Academy with respect to the evaluation under subsection (b) not later than 210 days after the date of the execution of the agreement. (2) Prohibition against interference No personnel of the Department of Defense, nor any other officer or employee of the United States Government, may interfere, exert undue influence, or in any way seek to alter the findings of the National Academy specified in paragraph (1) prior to the submission thereof under such paragraph. (3) Form The report under paragraph (1) shall be submitted in an unclassified form, but may include a classified annex. B Matters relating to Department of Defense cybersecurity and information technology 1711. Requirements for deployment of fifth generation information and communications capabilities to Department of Defense bases and facilities (a) In general The Secretary of Defense shall— (1) develop and implement a strategy for deploying private networks, based on fifth generation information and communications capabilities (5G) and Open Radio Access Network (ORAN) architecture, to military bases and facilities that are tailored to the specific mission, security, and performance requirements of those bases and facilities; (2) create a common, transparent, and streamlined process for enabling public network service providers of fifth generation information and communications capabilities to gain access to military bases and facilities to provide commercial subscriber services to government and contractor personnel and organizations located on those bases and facilities; and (3) decide, on a case-by-case basis or as a common requirement, whether to contract for— (A) neutral hosting, whereby infrastructure and services will be provided to companies deploying private networks and public network services through Multi-Operator Core Network architectures; or (B) separate private network and public network infrastructure. (b) International cooperation activities The Secretary may engage in cooperation activities with foreign allies and partners of the United States, using an authority provided by another provision of law, to inform the efficient and effective deployment of Open Radio Access Network architecture and to implement the strategy required under subsection (a)(1). (c) Due date for strategy and briefing (1) Strategy The Secretary shall develop the strategy required in subsection (a)(1) not later than 120 days after the date of the enactment of this Act. (2) Briefing Not later than 150 days after the date of the enactment of this Act, the Secretary shall provide to the congressional defense committees a briefing on the strategy developed under paragraph (1) of subsection (a) and the activities of the Secretary under such subsection. (d) Definition of Open Radio Access Network The term Open Radio Access Network 1712. Department of Defense information network boundary and cross-domain defense (a) Modernization program required The Secretary of Defense shall carry out a modernization program for network boundary and cross-domain defense against cyber attacks, expanding upon the fiscal year 2023 pilot program and initial deployment to the primary Department of Defense internet access points (IAPs) managed by the Defense Information Systems Agency (DISA). (b) Program phases (1) In general The modernization program required by subsection (a) shall be implemented in phases, with the objective of completing the program by October 1, 2028. (2) Objectives The phases required by paragraph (1) shall include the following objectives: (A) By the end of fiscal year 2026, completion of— (i) a pilot of modernized boundary defense capabilities and initial and full deployment of the capabilities to internet access points managed by the Defense Information Systems Agency; and (ii) the extension of modernized boundary defense capabilities to all additional internet access points of the Department of Defense information network (DODIN). (B) By the end of fiscal year 2027, survey, pilot, and deploy modernized boundary defense capabilities to the access points and cross-domain capabilities of the Secret Internet Protocol Network. (C) By the end of fiscal year 2028, survey, pilot, and deploy modernized boundary defense capabilities to remaining classified networks and enclaves of the Department information network. (c) Briefing required Not later than 60 days after the date of the enactment of this Act, the Secretary shall provide the congressional defense committees a briefing on— (1) the findings of the Secretary with respect to the pilot and initial deployment under subsection (b)(2)(A)(i); and (2) the plans of the Secretary for the phased deployment to other internet access points and classified networks pursuant to subsection (b). 1713. Policy and guidance on memory-safe software programming (a) Policy and guidance Not later than 270 days after the date of the enactment of this Act, the Secretary of Defense shall develop a Department of Defense-wide policy and guidance in the form of a directive memorandum to implement the recommendations of the National Security Agency contained in the Software Memory Safety Cybersecurity Information Sheet published by the Agency in November, 2022, regarding memory-safe software programming languages and testing to identify memory-related vulnerabilities in software developed, acquired by, and used by the Department of Defense. (b) Requirements The policy required in subsection (a) shall— (1) establish the conditions and associated approval processes under which a component of the Department may— (A) contract for the development of custom software that includes open source and reused software written in programming languages that are not classified as memory-safe by the Agency; (B) acquire commercial software items that use programming languages that are not classified as memory-safe by the Agency; (C) contract for software-as-a-service where the contractor uses programming languages that are not classified as memory-safe by the Agency; and (D) develop software in Federal Government-owned software factories programming languages that are not classified as memory-safe by the Agency; and (2) establish requirements and processes for employing static and dynamic application security testing that can identify memory-use issues and vulnerabilities and resolve them for software contracted for, developed, or acquired as described in paragraph (1). (c) Briefing required Not later than 300 days after the date of the enactment of this Act, the Secretary shall provide the congressional defense committees a briefing on the policy and guidance developed under subsection (a). 1714. Development of regional cybersecurity strategies (a) Development of strategies required Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall, in coordination with the Commander of United States Cyber Command and each commander of a geographic combatant command, develop, for each geographic combatant command, a regional cybersecurity strategy to support the operations of such command. (b) Elements Each regional cybersecurity strategy developed under subsection (a) for a geographic combatant command shall include the following: (1) A description or an outline of methods to identify both nation-state and non-state cyber threat actors. (2) Processes to enhance the targeting, intelligence, and cyber capabilities of the combatant command. (3) Plans to increase the number of cyber planners embedded in the combatant command. (4) Processes to integrate cyber forces into other warfare domains. (5) A plan to assist, train, advise, and participate in cyber capacity building with international partners. (6) A prioritization of cyber risks and vulnerabilities within the geographic region. (7) Processes to coordinate cyber activities with interagency partners with activities in the geographic region. (8) Specific plans to assist in the defense of foreign infrastructure that is critical to the national security interests of the United States. (9) Means by which the Cybersecurity and Infrastructure Security Agency will be integrated into each strategy. 1715. Cyber incident reporting (a) Cyber incident reporting requirement (1) Department governance Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall, in consultation with the Chief Information Officer of the Department of Defense, the Commander of United States Cyber Command, and the Commander of the Joint Force Headquarters Department of Defense Information Network— (A) assign responsibility to the Commander of the Joint Force Headquarters Department of Defense Information Network to oversee cyber incident reporting and notification of cyber incidents to Department leadership; (B) align policy and system requirements to enable the Department to have enterprise-wide visibility of cyber incident reporting to support rapid and appropriate response; and (C) distribute new guidance to Department personnel on cyber incident reporting, which shall include detailed procedures for identifying, reporting, and notifying Department leadership of critical cyber incidents. (2) Defense industrial base Not later than 180 days after the date of the enactment of this Act, the Secretary shall ensure that the Chief Information Officer determines what actions need to be taken to encourage more complete and timely mandatory cyber incident reporting from persons in the defense industrial base. (3) Data breach notification The Secretary shall ensure that components of the Department document instances in which Department personnel affected by a privacy data breach are notified of the breach within 72 hours of the discovery of the breach. (b) Assessment on establishing office of cyber statistics (1) In general Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall complete an assessment of the feasibility and suitability of establishing, and resourcing required to establish, an office of cyber statistics to track cyber incidents and measure the response time of defense agencies and the military departments to address cyber threats, risks, and vulnerabilities. (2) Elements The assessment required under paragraph (1) shall include an evaluation of the feasibility, suitability, and resourcing required for defense agencies and the military departments— (A) to collect data on the amount of time it takes to detect a cyber incident; (B) to respond to a cyber incident; (C) to fully mitigate the risk of high-impact cyber vulnerabilities; (D) to recover data following a malicious cyber intrusion; and (E) to collect such other metrics as the Secretary determines would help improve cyber incident reporting practices. 1716. Management by Department of Defense of mobile applications (a) Implementation of recommendations (1) In general The Secretary of Defense shall evaluate and implement to the maximum practicable extent the recommendations of the Inspector General of the Department of Defense with respect to managing mobile applications contained in the report set forth by the Inspector General dated February 9, 2023, and entitled Management Advisory: The DoD's Use of Mobile Applications (2) Deadline The Secretary shall implement the recommendations specified in subsection (a) by not later than one year after the date of the enactment of this Act, unless the Secretary notifies the congressional defense committees in writing of specific recommendations that the Secretary chooses not to implement or to implement after the date that is one year after the date of the enactment of this Act. (b) Briefing on requirements related to covered applications (1) In general Not later than 120 days after the date of the enactment of this Act, the Secretary shall brief the congressional defense committees on actions taken by the Secretary to enforce compliance with existing policy of the Department of Defense that prohibits— (A) the installation and use of covered applications on Federal Government devices; and (B) the use of covered applications on the Department of Defense Information Network on personal devices. (2) Covered applications defined In this subsection, the term covered applications 1717. Security enhancements for the nuclear command, control, and communications network (a) Required establishment of cross-functional team (1) In general Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall establish a cross-functional team, in accordance with section 911(c) of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 10 U.S.C. 111 NC3 (2) Participation in the cross-functional team The Secretary shall ensure that each of the military departments, the Defense Information Systems Agency, the National Security Agency, United States Cyber Command, and the Nuclear Command, Control, and Communications Enterprise Center of United States Strategic Command provide staff for the cross-functional team. (3) Scope The cross-functional team shall work to enhance the cyber defense of the nuclear command, control, and communications network during the period beginning on the date of the enactment of this Act and ending on October 31, 2028, or a subsequent date as the Secretary may determine. (b) Required construct and plan of action and milestones Not later than one year after the date of the enactment of this Act, the head of the cross-functional team established pursuant to subsection (a)(1) shall develop a cyber defense construct and associated plans of actions and milestones to enhance the security of the systems and networks that support the nuclear command, control, and communications mission that are based on— (1) the application of the principles of the Zero Trust Architecture approach to security; (2) analysis of appropriately comprehensive endpoint and network telemetry data; and (3) control capabilities enabling rapid investigation and remediation of indicators of compromise and threats to mission execution. (c) Annual briefings During the 60-day period beginning on the date that is 30 days before the date on which the President submits to Congress the budget of the President for fiscal year 2025 pursuant to section 1105(a) of title 31, United States Code, and for each of fiscal years 2026 through 2028, the Secretary shall provide the congressional defense committees a briefing on the implementation of this section. 1718. Guidance regarding securing laboratories of the Armed Forces (a) 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 Chief Information Officer of the Department of Defense, the Chief Digital and Artificial Intelligence Officer of the Department, the Under Secretary of Defense for Research and Engineering, and the Under Secretary of Defense for Intelligence and Security, issue guidance throughout the Department regarding methods and processes to secure laboratories of the Armed Forces from— (1) unauthorized access and intrusion; (2) damage to, and destruction, manipulation, or theft of, physical and digital laboratory assets; (3) accidental or intentional release or disclosure of sensitive information; and (4) cyber sabotage. (b) Methods and processes At a minimum, the methods and processes required under subsection (a) shall include guidance to— (1) secure laboratory operations through zero trust principles; (2) control access of devices to laboratory information networks; (3) secure inventory management processes; (4) control or limit access to laboratories of the Armed Forces to authorized individuals; (5) maintain the security and integrity of data libraries, repositories, and other digital assets; (6) report and remediate cyber incidents or other unauthorized intrusions; (7) train and educate personnel of the Department on laboratory security; (8) develop an operations security (OPSEC) plan to secure laboratory operations that can be used to implement the appropriate countermeasures given the mission, assessed risk, and resources available to the unit and provides guidelines for implementation of routine procedures and measures to be employed during daily operations or activities of the unit; and (9) develop and train applicable units on individualized secure laboratory critical information and indicator lists to aid in protecting critical information about Department activities, intentions, capabilities, or limitations that an adversary seeks to gain a military, political, diplomatic, economic, or technological advantage. 1719. Establishing Identity, Credential, and Access Management initiative as a program of record (a) In general Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall establish the Identity, Credential, and Access Management (ICAM) initiative as a program of record subject to milestone reviews, compliance with requirements, and operational testing. (b) Elements The program of record established pursuant to subsection (a) shall encompass, at a minimum, the following: (1) Correcting the authentication and credentialing security weaknesses, including in the Public Key Infrastructure program, identified by the Director of Operational Test and Evaluation in a report submitted to Congress in April, 2023, entitled FY14–21 Observations of the Compromise of Cyber Credentials (2) Implementing improved authentication technologies, such as biometric and behavioral authentication techniques and other non-password-based solutions. (c) Briefing Not later than 150 days after the date of the enactment of this Act, the Secretary shall provide the congressional defense committees a briefing on the parameters of the program of record established pursuant to subsection (a). 1720. Strategy on cybersecurity resiliency of Department of Defense space enterprise (a) Strategy Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall, in coordination with the Chief Information Officer of the Department of Defense, the Commander of United States Cyber Command, the Secretary of the Air Force, and the Commander of United States Space Command, develop and commence implementation of a Department-wide strategy regarding cyber protection activities for the Department of Defense space enterprise. (b) Elements The strategy developed and implemented pursuant to subsection (a) shall, at a minimum, address the following elements: (1) The coordination and synchronization of cyber protection activities across combatant commands, the military departments, and defense agencies. (2) The adoption and implementation of zero trust architecture on legacy and new space-based systems. (3) How the Department will prioritize the mitigation of known cyber risks and vulnerabilities to legacy and new space-based systems. (4) How the Department will accelerate the development of capabilities to protect space-based systems from cyber threats. (c) Briefing Not later than 150 days after the date of the enactment of this Act, the Secretary shall provide the congressional defense committees a briefing on the strategy developed and implemented pursuant to subsection (a). 1721. Requirements for implementation of user activity monitoring for cleared personnel and operational and information technology administrators and other privileged users (a) In general The Secretary of Defense shall require each head of a component of the Department of Defense to fully implement directives, policies, and program requirements for user activity monitoring and least privilege access controls for Federal Government and contractor personnel granted access to classified information and classified networks. (b) Specific user activity control requirements The Secretary shall require each head of a Department component to fully implement the detection, collection, and auditing of the following: (1) Sent and received emails, including sent attachments and emails sent outside of Federal Government domains. (2) Screen captures and print jobs, with focused attention on unusual volumes and times. (3) Accesses to World Wide Web Uniform Resource Locators and uploads and downloads involving nongovernment domains. (4) All instances in which a user creates, copies, moves to, or renames a file on removable media. (5) Secure file transfers, including on nonstandard ports. (6) Keystrokes. (7) Unauthorized research on user activity monitoring agents and techniques to disable user activity monitoring agents. (8) Attempts to clear event logs on devices. (9) Unauthorized applications being installed or run on an endpoint. (10) Installation and use of mounted drives, including serial numbers of such drives. (11) Initiation and control of an interactive session on a remote computer or virtual machine. (12) Instances where monitored users are denied access to a network location or resource. (13) Users uploading to or downloading from cloud services. (14) Administrative actions by privileged users, including remote and after-hour administrative actions, as well as document viewing, copy and paste activity, and file copying to new locations. (c) Additional requirements The Secretary shall require each head of a Department component to implement the following: (1) Automated controls to prohibit privileged user accounts from performing general user activities not requiring privileged access. (2) Two-person control whereby privileged users attempt to initiate data transfers from a classified domain and removable media-based data transfer activities on classified networks. (d) Establishing user activity monitoring behavior thresholds (1) In general The Secretary shall require each head of a Department component to implement standard triggers, alerts, and controls developed by the Under Secretary of Defense for Intelligence and Security based on insider threat behavior models approved by the Under Secretary. (2) Approval of deviations A head of a Department component that seeks to adopt a practice pursuant to paragraph (1) that deviates from standard triggers, alerts, and controls described in such paragraph by being less stringent shall submit to the Under Secretary a request for approval for such deviation along with a written justification for such deviation. (e) Periodic testing The Secretary shall require each head of a Department component, not less frequently than once every two years— (1) to conduct insider threat testing using threat-realistic tactics, techniques, and procedures; and (2) to submit to the Under Secretary and the Director of Operational Test and Evaluation a report on the findings of the head with respect to the testing conducted pursuant to paragraph (1). (f) Periodic reviews and updates The Secretary shall review and update the standard set of triggers, alerts, and controls described in subsection (d)(1) at least once every three years to account for new technology, new insider threat behaviors, and the results of testing conducted pursuant to subsection (e)(1). (g) Report Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the Committee on Armed Services and the Select Committee on Intelligence of the Senate and the Committee on Armed Services and the Permanent Select Committee on Intelligence of the House of Representatives a report on the implementation of the requirements of this section. (h) Definition of triggers In this section, the term trigger 1722. Department of Defense digital content provenance (a) Briefing (1) In general Not later than 90 days after the date of the enactment of this Act, the Director of the Defense Media Activity (DMA) shall provide a to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a briefing on developing a course of education at the Defense Information School (DINFOS) to teach the practical concepts and skills needed by Department of Defense public affairs, audiovisual, visual information, and records management specialists. (2) Elements The briefing provided pursuant to paragraph (1) shall cover the following: (A) The expertise and qualifications of the Department personnel who will be responsible for teaching the proposed course of education. (B) The list of sources that will be consulted and used to develop the proposed curriculum for the course of education. (C) A description of the industry open technical standards under subsection (b)(1)(C). (D) The status of the implementation of the course of education. (b) Course of education required (1) In general Not later than one year after the date of the enactment of this Act, the Director of the Defense Media Activity shall establish a course of education at the Defense Information School to teach the practical concepts and skills needed by public affairs, audiovisual, visual information, and records management specialists to understand the following: (A) Digital content provenance for applicable Department media content. (B) The challenges posed to Department missions and operations by a digital content forgery. (C) How existing industry open technical standards may be used to authenticate the digital content provenance of applicable Department media content. (2) Matters covered The course of education established pursuant to paragraph (1) shall cover the following: (A) The challenges to Department missions and operations posed by a digital content forgery. (B) The development of industry open technical standards for verifying the digital content provenance of applicable Department media content. (C) Hands-on training techniques for capturing secure and authenticated digital content for documenting and communicating Department themes and messages. (D) Training for completing post-production tasks by using industry open technical standards for digital content provenance and transmitting applicable Department media content in both operational and nonoperational environments. (E) Such other matters as the Director considers appropriate. (3) Report Not later than one year after the date of the establishment of the course required in paragraph (1), the Director shall provide the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report on the following: (A) The status of the development of a curriculum to carry out the course of education required by paragraph (1). (B) The implementation plan of the Director for such course of education, including the following: (i) The expertise and qualifications of the Department personnel responsible for teaching the course of education. (ii) The list of sources consulted and used to develop the curriculum for the course of education. (iii) A description of the industry open technical standards under subsection (b)(1)(C). (iv) The status of the implementation of the course of education. (C) The resources available to the Director to carry out this subsection and whether the Director requires any additional resources to carry out this subsection. (c) Pilot program on implementing digital content provenance standards (1) Pilot program required Not later than one year after the date of the enactment of this Act, the Director shall commence a pilot program to assess the feasibility and advisability of implementing industry open technical standards for digital content provenance for official Department photographic and video visual documentation that is publicly released by the Defense Visual Information Distribution Service (DVIDS) and other distribution platforms, systems, and services used by the Department. (2) Elements In carrying out the pilot program required by paragraph (1), the Director shall— (A) establish a process for using industry open technical standards for verifying the digital content provenance of applicable Department media content; (B) apply technology solutions on photographs and videos of the Department publicly released after the date of the enactment of this section, that comport with industry open technical standard for digital content provenance; (C) assess the feasibility and advisability of applying an industry open technical standard for digital content provenance on historical visual information records of the Department stored at the Defense Visual Information Records Center; and (D) develop and apply measure of effectiveness for the execution of the pilot program. (3) Consultation In carrying out the pilot program required by paragraph (1), the Director may consult with federally funded research and development centers, private industry, academia, and such others as the Director considers appropriate. (4) Termination The pilot program carried out pursuant to paragraph (1) shall terminate on January 1, 2027. (5) Report (A) In general Not later than January 1, 2026, the Director 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 pilot program. (B) Contents The report submitted pursuant to subparagraph (A) shall include the following: (i) The findings of the Director with respect to the pilot program. (ii) The names of all entities the Director consulted with in carrying out the pilot program as authorized under paragraph (3). (iii) Assessment of the effectiveness of the pilot. (iv) A recommendation as to whether the pilot program should be made permanent. (d) Definitions In this section: (1) The term applicable Department media content (2) The term digital content forgery (3) The term digital content provenance 1723. Post-graduate employment of Cyber Service Academy scholarship recipients in intelligence community Section 1535 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 ( Public Law 117–263 10 U.S.C. 2200 (1) in subsection (a)— (A) in paragraph (1), by inserting , the heads of the elements of the intelligence community, the Secretary of Homeland Security (B) in paragraph (3), by striking Department of Defense Cyber and Digital Service Academy Cyber Service Academy (2) in subsection (d), by inserting or an element of the intelligence community missions of the Department (3) in subsection (e)— (A) by striking Secretary head concerned (B) by inserting , or within an element of the intelligence community, as the case may be United States Code (4) in subsections (h), (j), and (k), by striking Secretary head concerned (5) by adding at the end of the following new subsections: (p) Interagency considerations (1) In general The Secretary of Defense shall enter into an agreement with the head of an element of the intelligence community to allow a scholarship recipient to satisfy the recipient's post-award employment obligations under this section by working for an element of the intelligence community that is not part of the Department of Defense if the head of that element agrees to reimburse the Department of Defense for the scholarship program costs associated with that scholarship recipient. (2) Limitations (A) A scholarship recipient may not serve the recipient's post-award employment obligation under this section at an element of the intelligence community that is not part of the Department of Defense before an agreement under paragraph (1) is reached. (B) Not more than 10 percent of scholarship recipients in each class may be placed in positions outside the Department of Defense unless the Secretary certifies that the Department of Defense cannot facilitate a placement within the Department of Defense. (q) Definitions In this section: (1) The term head concerned (A) The Secretary of Defense, with respect to matters concerning the Department of Defense; or (B) the head of an element of the intelligence community, with respect to matters concerning that element. (2) The term intelligence community 50 U.S.C. 3003 . 1724. Minimum number of scholarships to be awarded annually through Cyber Service Academy Section 1535(c) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 ( Public Law 117–263 10 U.S.C. 2200 (5) Minimum number of scholarship awards (A) In general The Secretary of Defense shall award not fewer than 1,000 scholarships through the Program in fiscal year 2026 and in each fiscal year thereafter. (B) Waiver The Secretary of Defense may award fewer than the number of scholarships required under subparagraph (A) in a fiscal year if the Secretary determines and notifies the congressional defense committees that fewer scholarships are necessary to address workforce needs. . 1725. Control and management of Department of Defense data and establishment of Chief Digital and Artificial Intelligence Officer Governing Council (a) Control and management of Department of Defense data The Chief Digital and Artificial Intelligence Officer of the Department of Defense shall maintain the authority, but not the requirement, to access and control, on behalf of the Secretary of Defense, of all data collected, acquired, accessed, or utilized by Department of Defense components consistent with section 1513 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 ( Public Law 117–263 10 U.S.C. 4001 (b) Chief Digital and Artificial Intelligence Officer Governing Council Paragraph (3) of section 238(d) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 (3) Chief Digital and Artificial Intelligence Officer Governing Council (A) Establishment (i) The Secretary shall establish a council to provide policy oversight to ensure the responsible, coordinated, and ethical employment of data and artificial intelligence capabilities across Department of Defense missions and operations. (ii) The council established pursuant to clause (i) shall be known as the Chief Digital and Artificial Intelligence Officer Governing Council Council (B) Membership The Council shall be composed of the following: (i) Joint Staff J–6. (ii) The Under Secretary of Defense for Acquisition and Sustainment. (iii) The Under Secretary of Defense for Research and Evaluation. (iv) The Under Secretary of Defense for Intelligence and Security. (v) The Under Secretary of Defense for Policy. (vi) The Director of Cost Analysis and Program Evaluation. (vii) The Chief Information Officer of the Department. (viii) The Director of Administration and Management. (ix) The service acquisition executives of each of the military departments. (C) Head of Council The Council shall be headed by the Chief Digital and Artificial Intelligence Officer of the Department. (D) Meetings The Council shall meet not less frequently than twice each fiscal year. (E) Duties of Council The duties of the Council are as follows: (i) To streamline the organizational structure of the Department as it relates to artificial intelligence development, implementation, and oversight. (ii) To improve coordination on artificial intelligence governance with the defense industry sector. (iii) To establish and oversee artificial intelligence guidance on ethical requirements and protections for usage of artificial intelligence supported by Department funding and reduces or mitigates instances of unintended bias in artificial intelligence algorithms. (iv) To identify, monitor, and periodically update appropriate recommendations for operational usage of artificial intelligence. (v) To review, as the head of the Council considers necessary, artificial intelligence program funding to ensure that any Department investment in an artificial intelligence tool, system, or algorithm adheres to all Department established policy related to artificial intelligence. (vi) To provide periodic status updates on the efforts of the Department to develop and implement artificial intelligence into existing Department programs and processes. (vii) To provide guidance on access and distribution restrictions relating to data, models, tool sets, or testing or validation infrastructure. (viii) to implement and oversee a data and artificial intelligence educational program for the purpose of familiarizing the Department at all levels on the applications of artificial intelligence in their operations. (ix) To implement and oversee a data decree scorecard. (x) Such other duties as the Council determines appropriate. (F) Periodic reports Not later than 180 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2024 . 1726. Requirement to support for cyber education and workforce development at institutions of higher learning (a) Authority The Secretary of Defense shall support the development of foundational expertise in critical cyber operational skills at institutions of higher learning, selected by the Secretary under subsection (b), for current and future members of the Armed Forces and civilian employees of the Department of Defense. (b) Selection The Secretary shall select institutions of higher learning to receive support under subsection (a) from among institutions of higher learning that meet the following eligibility criteria: (1) The institution offers a program from beginning through advanced skill levels to provide future military and civilian leaders of the Armed Forces with operational cyber expertise. (2) The institution includes instruction and practical experiences that lead to recognized certifications and degrees in the cyber field. (3) The institution has and maintains an educational partnership with an active component of the Armed Forces or a Department component designed to facilitate the development of critical cyber skills for students who may pursue a military career. (4) The institution is located in close proximity to a military installation with a cyber mission defined by the Department or the Armed Forces. (c) Support Under subsection (a), the Secretary shall provide, at a minimum, to each institution of higher learning selected by the Secretary under subsection (b) the following support for civilian and military leaders of the Department transitioning into cyber fields at the Department: (1) Expansion of cyber educational programs focused on enhancing such transition. (2) Hands-on cyber opportunities, including laboratories and security operations centers. (3) Direct financial assistance to civilian and military students at the Department to increase access to courses and hands-on opportunities under paragraphs (1) and (2). (d) Authorization of appropriations There is authorized to be appropriated to carry out this section $10,000,000 for fiscal year 2024. 1727. Improvements relating to cyber protection support for Department of Defense personnel in positions highly vulnerable to cyber attack Section 1645 of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 10 U.S.C. 2224 (1) in subsection (a)— (A) in paragraph (1)— (i) by inserting and personal accounts personal technology devices (ii) by inserting and shall provide such support to any such personnel who request the support in paragraph (2) (B) in paragraph (2)(B), by inserting or personal accounts personal technology devices (2) in subsection (c)— (A) in paragraph (1), by inserting or personal accounts personal technology devices (B) in paragraph (2), by striking and networks , personal networks, and personal accounts (3) by striking subsections (d) and (e) and inserting the following new subsection (d): (d) Definitions In this section: (1) The term personal accounts (2) The term personal technology devices . 1728. Comptroller General report on efforts to protect personal information of Department of Defense personnel from exploitation by foreign adversaries (a) In general Not later than 180 days after the date of the enactment of this Act, the Comptroller General of the United States shall brief the appropriate congressional committees on Department of Defense efforts to protect personal information of its personnel from exploitation by foreign adversaries. (b) Elements The briefing required under subsection (a) shall include any observations on the following elements: (1) An assessment of efforts by the Department of Defense to protect the personal information, including location data generated by smart phones, of members of the Armed Forces, civilian employees of the Department of Defense, veterans, and their families from exploitation by foreign adversaries. (2) Recommendations to improve Department of Defense policies and programs to meaningfully address this threat. (c) Report The Comptroller General shall publish on its website an unclassified report, which may contain a classified annex submitted to the congressional defense and intelligence committees, on the elements described in subsection (b) at a time mutually agreed upon. (d) Appropriate congressional committees In this section, the term appropriate congressional committees (1) the congressional defense committees; (2) the Select Committee on Intelligence of the Senate; and (3) the Permanent Select Committee on Intelligence of the House of Representatives. XVIII Space Force personnel management 1801. Short title This title may be cited as the Space Force Personnel Management Act 1802. Space Force Personnel Management Act transition plan (a) Conditions required for enactment (1) In general None of the authorities provide by this title shall take effect until the later of— (A) the Secretary of the Air Force— (i) certifies to the congressional defense committees that any State National Guard affected by the transfer of units, personnel billets, equipment, and resources into the Space Force will be made whole by the transfer of additional assets under the control of the Secretary of the Air Force into the affected State National Guard; and (ii) submits to the congressional defense committees a report that includes a transition plan to move all units, personnel billets, equipment, and resources performing core Space Force functions, under the operational control of the Space Force, or otherwise integral to the Space Force mission that may exist in the reserve components of the Department of the Air Force into the Space Force; and (B) one year after the Secretary of Defense provides the briefing on the study required under section 1703(c). (2) Elements The transition plan required under paragraph (1)(B) shall include the following elements: (A) An identification of any units, personnel billets, equipment, and resources currently residing in the Air Force Reserve and Air National Guard that will be transferred into the Space Force, including, for items currently in the Air National Guard, a breakdown of assets by State. (B) A timeline for the implementation of the authorities provided by this title. (C) An explanation of any units personnel billets, equipment, and resources transferred between the Regular Air Force, Air Force Reserve, Air National Guard, and Space Force, including, for any assets transferred into or out of the Air National Guard, a breakdown of transfers by State. (b) Personnel protections (1) In general In enacting the authorities provided by this title, the Secretary of the Air Force shall not require any currently serving member of the Air National Guard to enlist or commission into the Space Force. (2) Job placement The Secretary of the Air Force shall provide employment opportunities within the Air National Guard to any currently serving member of the Air National Guard who, as a direct result of the enactment of this title, declines to affiliate with the Space Force. (3) Space Force affiliation The Secretary of the Air Force shall guarantee in writing that any member of the Air National Guard who joins the Space Force as a result of the enactment of this title will not lose rank or pay upon transferring to the Space Force. (c) National Guard protections The Secretary of the Air Force shall ensure that no State National Guard loses Federal resources, including net personnel billets and Federal funding, as a result of the enactment of the authorities provided by this title. 1803. Comprehensive assessment of Space Force equities in the National Guard (a) Study required Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall seek to enter into an agreement with a Federally funded research and development center under which such center will conduct an independent study to assess the feasibility and advisability of moving all units, personnel billets, equipment, and resources performing core space functions, under the operational control of the Space Force, or otherwise integral to the Space Force mission that may exist in the National Guard and into a single-component Space Force and provide to the Secretary a report on the findings of the study. The conduct of such study shall include the following elements: (1) An analysis and recommendations associated with at least the three following possible courses of action: (A) Maintaining the current model in which the Air National Guard has units and personnel performing core space functions. (B) Transitioning such units and personnel to the Space Force. (C) The creation of a new National Guard component of the Space Force. (2) A cost-benefit analysis for each of the analyzed courses of action. (3) With respect to the course of action described in paragraph (1)(B), an analysis of the ideal personnel, units, and resources that could be transitioned to the respective Air National Guards of States that may lose space-related personnel, units, and resources as a result of the consolidation of space-related personnel, units, and resources into the Space Force component. (b) Deadline for completion An agreement entered into pursuant to subsection (a) shall specify that the study conducted under the agreement shall be completed by not later than February 1, 2025. (c) Briefing and report (1) In general Upon completion of a study conducted under an agreement entered into pursuant to subsection (a), the Secretary shall provide to the Committees on Armed Services of the Senate and House of Representatives a briefing and report on the findings of the study, including a description of any proposed personnel, unit, or resource realignments related to the creation of the Space Force single component or recommended by such study. (2) Classification of report The report required under paragraph (1) shall be submitted in unclassified form but may include classified appendices as required. A Space Force military personnel system without component 1811. Establishment of military personnel management system for the Space Force Title 10, United States Code, is amended by adding at the end the following new subtitle: F Alternative military personnel systems I Space Force Chap. 2001. Space Force Personnel System 20001 2003. Status and Participation 20101 2005. Officers 20201 2007. Enlisted Members 20301 2009. Retention and Separation Generally 20401 2011. Separation of Officers for Substandard Performance of Duty or for Certain Other Reasons 20501 2013. Retirement 20601 2001 Space Force personnel system Sec. 20001. Single military personnel management system. 20002. Members: duty status. 20003. Members: minimum service requirement as applied to Space Force. 20001. Single military personnel management system Members of the Space Force shall be managed through a single military personnel management system, without component. . 1812. Composition of the Space Force without component (a) Composition of the Space Force Section 9081(b) of title 10, United States Code, is amended— (1) by striking paragraph (1); (2) by redesignating paragraphs (2) and (3) as paragraphs (1) and (2), respectively; and (3) in paragraph (1), as so redesignated, by striking , including emergency (b) Effective date The amendments made by subsection (a) shall take effect on the date of the certification by the Secretary of the Air Force under section 1745. 1813. Definitions for single personnel management system for the Space Force (a) Space Force definitions Section 101 of title 10, United States Code, is amended— (1) by redesignating subsections (e), (f), and (g) as subsections (f), (g), and (h), respectively; and (2) by inserting after subsection (d) the following new subsection (e): (e) Space Force The following definitions relating to members of the Space Force apply in this title: (1) The term Space Force active status (2) The term Space Force inactive status (3) The term Space Force retired status (A) is receiving retired pay; or (B) but for being under the eligibility age applicable under section 12731 of this title, would be eligible for retired pay under chapter 1223 of this title. (4) The term sustained duty (A) in the case of an officer— (i) to fulfill the terms of an active-duty service commitment incurred by the officer under any provision of law; or (ii) with the consent of the officer; and (B) in the case of an enlisted member, with the consent of the enlisted member as specified in the terms of the member’s enlistment or reenlistment agreement. . (b) Amendments to existing duty status definitions Subsection (d) of such section is amended— (1) in paragraph (1), by inserting , including sustained duty in the Space Force United States (2) in paragraph (7), by inserting , or a member of the Space Force, Reserves 1814. Basic policies relating to service in the Space Force Chapter 2001 20002. Members: duty status Under regulations prescribed by the Secretary of the Air Force, each member of the Space Force shall be placed in one of the following duty statuses: (1) Space Force active status. (2) Space Force inactive status. (3) Space Force retired status. 20003. Members: minimum service requirement as applied to Space Force (a) Inapplicability of active/reserve service distinction In applying section 651 of this title to a person who becomes a member of the Space Force, the provisions of the second sentence of subsection (a) and of subsection (b) of that section (relating to service in a reserve component) are inapplicable. (b) Treatment upon transfer out of space force A member of the Space Force who transfers to one of the other armed forces before completing the service required by subsection (a) of section 651 of this title shall upon such transfer be subject to section 651 of this title in the same manner as if such member had initially entered the armed force to which the member transfers. . 1815. Status and participation Subtitle F of title 10, United States Code, as added by section 1711, is amended by adding at the end the following new chapter: 2003 Status and participation Sec. 20101. Members in Space Force active status: amount of annual training or active duty service required. 20102. Individual ready guardians: designation; mobilization category. 20103. Members not on sustained duty: agreements concerning conditions of service. 20104. Orders to active duty: with consent of member. 20105. Sustained duty. 20106. Orders to active duty: without consent of member. 20107. Transfer to inactive status: initial service obligation not complete. 20108. Members of Space Force: credit for service for purposes of laws providing pay and benefits for members, dependents, and survivors. 20109. Policy for order to active duty based upon determination by Congress. 20101. Members in Space Force active status: amount of annual training or active duty service required Except as specifically provided in regulations prescribed by the Secretary of Defense, a member of the Space Force in a Space Force active status who is not serving on sustained duty shall be required to— (1) participate in at least 48 scheduled drills or training periods during each year and serve on active duty for not less than 14 days (exclusive of travel time) during each year; or (2) serve on active duty for not more than 30 days during each year. 20102. Individual ready guardians: designation; mobilization category (a) In general Under regulations prescribed by the Secretary of Defense, the Secretary of the Air Force may designate a member of the Space Force in a Space Force active status as an Individual Ready Guardian. (b) Mobilization category (1) In general Among members of the Space Force designated as Individual Ready Guardians, there is a category of members (referred to as a mobilization category (2) Limitations on placement in mobilization category A member designated as an Individual Ready Guardian may not be placed in the mobilization category referred to in paragraph (1) unless— (A) the member volunteers to be placed in that mobilization category; and (B) the member is selected by the Secretary of the Air Force, based upon the needs of the Space Force and the grade and military skills of that member. (3) Limitation on time in mobilization category A member of the Space Force in a Space Force active status may not remain designated an Individual Ready Guardian in such mobilization category after the end of the 24-month period beginning on the date of the separation of the member from active service. (4) Designation of grades and military skills or specialties The Secretary of the Air Force shall designate the grades and military skills or specialties of members to be eligible for placement in such mobilization category. (5) Benefits A member in such mobilization category shall be eligible for benefits (other than pay and training) on the same basis as are available to members of the Individual Ready Reserve who are in the special mobilization category under section 10144(b) of this title, as determined by the Secretary of Defense. 20103. Members not on sustained duty: agreements concerning conditions of service (a) Agreements The Secretary of the Air Force may enter into a written agreement with a member of the Space Force not on sustained duty— (1) requiring the member to serve on active duty for a definite period of time; (2) specifying the conditions of the member’s service on active duty; and (3) for a member serving in a Space Force inactive status, specifying the conditions for the member’s continued service as well as order to active duty with and without the consent of the member. (b) Conditions of service An agreement under subsection (a) shall specify the conditions of service. The Secretary of the Air Force shall prescribe regulations establishing— (1) what conditions of service may be specified in the agreement; (2) the obligations of the parties; and (3) the consequences of failure to comply with the terms of the agreement. (c) Authority for retention on active duty during war or national emergency If the period of service on active duty of a member under an agreement under subsection (a) expires during a war or during a national emergency declared by Congress or the President, the member concerned may be kept on active duty, without the consent of the member, as otherwise prescribed by law. 20104. Orders to active duty: with consent of member (a) Authority A member of the Space Force who is serving in a Space Force active status and is not on sustained duty, or who is serving in a Space Force inactive status, may, with the consent of the member, be ordered to active duty, or retained on active duty, under the following sections of chapter 1209 of this title in the same manner as applies to a member of a reserve component ordered to active duty, or retained on active duty, under that section with the consent of the member: (1) Section 12301(d), relating to orders to active duty at any time with the consent of the member. (2) Section 12301(h), relating to orders to active duty in connection with medical or health care matters. (3) Section 12322, relating to active duty for health care. (4) Section 12323, relating to active duty pending line of duty determination required for response to sexual assault. (b) Applicable provisions of law The following sections of chapter 1209 of this title pertaining to a member of a reserve component ordered to active duty with the consent of the member apply to a member of the Space Force who is ordered to active duty under this section in the same manner as to such a reserve component member: (1) Section 12308, relating to retention after becoming qualified for retired pay. (2) Section 12309, relating to use of Reserve officers in expansion of armed forces. (3) Section 12313, relating to release of reserve members from active duty. (4) Section 12314, relating to kinds of duty. (5) Section 12315, relating to duty with or without pay. (6) Section 12316, relating to payment of certain Reserves while on duty. (7) Section 12318, relating to duties and funding of reserve members on active duty. (8) Section 12320, relating to grade in which ordered to active duty. (9) Section 12321, relating to a limitation on number of reserve members assigned to Reserve Officer Training Corps units. 20105. Sustained duty (a) Enlisted members An authority designated by the Secretary of the Air Force may order an enlisted member of the Space Force in a Space Force active status to sustained duty, or retain an enlisted member on sustained duty, with the consent of that member, as specified in the terms of the member’s enlistment or reenlistment agreement. (b) Officers (1) An authority designated by the Secretary of the Air Force may order a Space Force officer in a Space Force active status to sustained duty— (A) with the consent of the officer; or (B) to fulfill the terms of an active-duty service commitment incurred by the officer under any provision of law. (2) An officer ordered to sustained duty under paragraph (1) may not be released from sustained duty without the officer’s consent except as provided in chapter 2009 or 2011 of this title. 20106. Orders to active duty: without consent of member (a) Members in a Space Force active status (1) A member of the Space Force in a Space Force active status who is not on sustained duty, may, without the consent of the member, be ordered to active duty or inactive duty in the same manner as a member of a reserve component ordered to active duty or inactive duty under the provisions of chapter 1209 of this title and any other provision of law authorizing the order to active duty of a member of a reserve component in an active status without the consent of the member. (2) The provisions of chapter 1209 of this title, or other applicable provisions of law, pertaining to a member of the Ready Reserve when ordered to active duty shall apply to a member of the Space Force who is in a Space Force active status when ordered to active duty under paragraph (1). (3) The provisions of section 12304 of this title pertaining to members in the Individual Ready Reserve mobilization category shall apply to a member of the Space Force who is designated an Individual Ready Guardian when ordered to active duty who meets the provisions of section 20102(b) of this title. (b) Members in a Space Force inactive status (1) A member of the Space Force in a Space Force inactive status may be ordered to active duty under— (A) the provisions of chapter 1209 of this title; (B) any other provision of law authorizing the order to active duty of a member of a reserve component in an inactive status; and (C) the terms of any agreement entered into by the member under section 20103 of this title. (2) The provisions of chapter 1209 of this title, or other applicable provisions of law, pertaining to the Standby Reserve shall apply to a member of the Space Force who is in a Space Force inactive service when ordered to active duty. (c) Members in a Space Force retired status (1) Chapters 39 and 1209 of this title include provisions authorizing the order to active duty of a member of the Space Force in a Space Force retired status. (2) The provisions of sections 688, 688a, and 12407 of this title pertaining to a retired member or a member of the Retired Reserve shall apply to a member of the Space Force in a Space Force retired status when ordered to active duty. (3) The provisions of section 689 of this title pertaining to a retired member ordered to active duty shall apply to a member of the Space Force in a Space Force retired status who is ordered to active duty. (d) Other applicable provisions The following provisions of chapter 1209 of this title pertaining shall apply to a member of the Space Force ordered to active duty in the same manner as to a Reserve or member of the Retired Reserve ordered to active duty: (1) Section 12305, relating to the authority of the President to suspend certain laws relating to promotion, retirement, and separation. (2) Section 12308, relating to retention after becoming qualified for retired pay. (3) Section 12313, relating to release from active duty. (4) Section 12314, relating to kinds of duty. (5) Section 12315, relating to duty with or without pay. (6) Section 12316, relating to payment of certain Reserves while on duty. (7) Section 12317, relating to theological students; limitations. (8) Section 12320, relating to grade in which ordered to active duty. 20107. Transfer to inactive status: initial service obligation not complete (a) General rule A member of the Space Force who has not completed the required minimum service obligation referred to in section 20003 of this title shall, if terminating Space Force active status, be transferred to a Space Force inactive status and, unless otherwise designated an Individual Ready Guardian under section 20102 of this title, shall remain subject to order to active duty without the member’s consent under section 20106 of this title. (b) Exception Subsection (a) does not apply to a member who is separated from the Space Force by the Secretary of the Air Force under section 20503 of this title. 20108. Members of Space Force: credit for service for purposes of laws providing pay and benefits for members, dependents, and survivors For the purposes of laws providing pay and benefits for members of the Armed Forces and their dependents and beneficiaries: (1) Military training, duty, or other service performed by a member of the Space Force in a Space Force active status not on sustained duty shall be considered military training, duty, or other service, as the case may be, as a member of a reserve component. (2) Sustained duty performed by a member of the Space Force under section 20105 of this title shall be considered active duty as a member of a regular component. (3) Active duty performed by a member of the Space Force in a Space Force active status not on sustained duty shall be considered active duty as a member of a reserve component. (4) Inactive-duty training performed by a member of the Space Force shall be considered inactive-duty training as a member of a reserve component. 20109. Policy for order to active duty based upon determination by Congress Whenever Congress determines that more units and organizations capable of conducting space operations are needed for the national security than are available among those units comprised of members of the Space Force serving on active duty, members of the Space Force not serving on active duty shall be ordered to active duty and retained as long as so needed. . 1816. Officers (a) Original appointments Subtitle F of title 10, United States Code, as amended by section 1715, is further amended by adding at the end the following new chapter: 2005 Officers Subchapter Sec. I. Original appointments 20201 II. Selection boards 20211 III. Promotions 20231 IV. Persons not considered for promotion and other promotion-related provisions 20241 V. Applicability of other laws 20251 I Original appointments Sec. 20201. Original appointments: how made. 20202. Original appointments: qualifications. 20203. Original appointments: service credit. 20201. Original appointments: how made The provisions of section 531 of this title shall apply to original appointments of commissioned officers in the Space Force. 20202. Original appointments: qualifications (a) In general An original appointment as a commissioned officer in the Space Force may be given only to a person who— (1) is a citizen of the United States; (2) is at least 18 years of age; and (3) has such other physical, mental, moral, professional, and age qualifications as the Secretary of the Air Force may prescribe by regulation. (b) Exception A person who is otherwise qualified, but who has a physical condition that the Secretary of the Air Force determines will not interfere with the performance of the duties to which that person may be assigned, may be appointed as an officer in the Space Force. 20203. Original appointments: service credit The provisions of section 533 of this title shall apply to the crediting of prior active commissioned service for original appointments of commissioned officers. . (b) Conforming amendments relating to original appointments (1) Definitions Section 101 of title 10, United States Code, is amended in subsection (b)(10) by inserting before the period at the end the following: and, with respect to the appointment of a member of the armed forces in the Space Force, refers to that member’s most recent appointment in the Space Force that is neither a promotion nor a demotion (2) Original appointments of commissioned officers Section 531 of such title is amended by striking Regular Space Force (3) Qualifications for original appointment as a commissioned officer Section 532(a) of such title is amended by striking Regular Marine Corps, or Regular Space Force or Regular Marine Corps (4) Service credit upon original appointment as a commissioned officer Section 533 of such title is amended by striking Regular Space Force (c) Selection boards and promotions Chapter 205 II Selection boards Sec. 20211. Convening of selection boards. 20212. Composition of selection boards. 20213. Notice of convening of selection boards. 20214. Information furnished to selection boards. 20215. Recommendations for promotion by selection boards. 20216. Reports of selection boards. 20217. Action on reports of selection boards for promotion to brigadier general or major general. 20211. Convening of selection boards (a) In general Whenever the needs of the service require, the Secretary of the Air Force shall convene selection boards to recommend for promotion to the next higher permanent grade officers of the Space Force in each permanent grade from first lieutenant through brigadier general. (b) Exception for officers in grade of first lieutenant Subsection (a) does not require the convening of a selection board in the case of Space Force officers in the permanent grade of first lieutenant when the Secretary of the Air Force recommends for promotion to the grade of captain under section 20238(a)(4)(A) of this title all such officers whom the Secretary finds to be fully qualified for promotion. (c) Section 20404 The Secretary of the Air Force may convene selection boards to recommend officers for early retirement under section 20404(a) of this title or for discharge under section 20404(b) of this title. (d) Regulations The convening of selection boards under subsection (a) shall be under regulations prescribed by the Secretary of the Defense. 20212. Composition of selection boards — (a) Appointment and composition of boards (1) In general Members of a selection board shall be appointed by the Secretary of Air Force in accordance with this section. A selection board shall consist of five or more officers of the Space Force. Each member of a selection board must be serving in a grade higher than the grade of the officers under consideration by the board, except that no member of a board may be serving in a grade below major. The members of a selection board shall include at least one member serving on sustained duty and at least one member in a Space Force active status who is not serving on sustained duty. The ratio of the members of a selection board serving on sustained duty to members serving in a Space Force active status not on sustained duty shall, to the extent practicable, reflect the ratio of officers serving in each of those statuses who are being considered for promotion by the board. The members of a selection board shall represent the diverse population of the Space Force to the extent practicable. (2) Representation from competitive categories (A) Except as provided in subparagraph (B), a selection board shall include at least one officer from each competitive category of officers to be considered by the board. (B) A selection board need not include an officer from a competitive category when there are no officers of that competitive category on the Space Force officer list in a grade higher than the grade of the officers to be considered by the board and eligible to serve on the board. (3) Retired officers If qualified officers on the Space Force officer list are not available in sufficient number to comprise a selection board, the Secretary of the Air Force shall complete the membership of the board by appointing as members of the board— (A) Space Force officers who hold a grade higher than the grade of the officers under consideration by the board and who are retired officers; and (B) if sufficient Space Force officers are not available pursuant to subparagraph (A), Air Force officers who hold a grade higher than the grade of the officers under consideration by the board and who are retired officers, but only if the Air Force officer to be appointed to the board has served in a space-related career field of the Air Force for sufficient time such that the Secretary of the Air Force determines that the retired Air Force officer has adequate knowledge concerning the standards of performance and conduct required of an officer of the Space Force. (4) Exclusion of retired general officers on active duty to serve on a board from numeric general officer active-duty limitations A retired general officer who is on active duty for the purpose of serving on a selection board shall not, while so serving, be counted against any limitation on the number of general and flag officers who may be on active duty. (b) Limitation on membership on consecutive boards (1) General rule Except as provided in paragraph (2), no officer may be a member of two successive selection boards convened under section 20211 of this title for the consideration of officers of the same grade. (2) Exception for general officer boards Paragraph (1) does not apply with respect to selection boards convened under section 20211 of this title for the consideration of officers in the grade of colonel or brigadier general. (c) Joint qualified officers (1) Each selection board convened under section 20211 of this title that will consider an officer described in paragraph (2) shall include at least one officer designated by the Chairman of the Joint Chiefs of Staff who is a joint qualified officer. (2) Paragraph (1) applies with respect to an officer who— (A) is serving on, or has served on, the Joint Staff; or (B) is a joint qualified officer. (3) The Secretary of Defense may waive the requirement in paragraph (1) for any selection board of the Space Force. 20213. Notice of convening of selection boards (a) Notice to eligible officers At least 30 days before a selection board is convened under section 20211 of this title to recommend officers in a grade for promotion to the next higher grade, the Secretary of the Air Force shall— (1) notify in writing the officers eligible for consideration for promotion of the date on which the board is to convene and the name and date of rank of the junior officer, and of the senior officer, in the promotion zone as of the date of the notification; or (2) issue a general written notice to the Space Force regarding the convening of the board which shall include the convening date of the board and the name and date of rank of the junior officer, and of the senior officer, in the promotion zone as of the date of the notification. (b) Communication from officers An officer eligible for consideration by a selection board convened under section 20211 of this title (other than an officer who has been excluded under section 20231(d) of this title from consideration by the board) may send a written communication to the board, to arrive not later than 10 calendar days before the date on which the board convenes, calling attention to any matter concerning the officer that the officer considers important to the officer’s case. The selection board shall give consideration to any timely communication under this subsection. (c) Notice of intent of certain officers To serve on or off active duty An officer on the Space Force officer list in the grade of colonel or brigadier general who receives a notice under subsection (a) shall inform the Secretary of the officer’s preference to serve either on or off active duty if promoted to the grade of brigadier general or major general, respectively. 20214. Information furnished to selection boards The provisions of section 615 of this title shall apply to information furnished to selection boards. 20215. Recommendations for promotion by selection boards The provisions of section 616 of this title shall apply to recommendations for promotion by selection boards. 20216. Reports of selection boards The provisions of section 617 of this title shall apply to reports of selection boards. 20217. Action on reports of selection boards for promotion to brigadier general or major general The provisions of section 618 of this title shall apply to action on reports of selection boards. III Promotions Sec. 20231. Eligibility for consideration for promotion: time-in-grade and other requirements. 20232. Eligibility for consideration for promotion: designation as joint qualified officer required before promotion to brigadier general; exceptions. 20233. Opportunities for consideration for promotion. 20234. Space Force officer list. 20235. Competitive categories. 20236. Numbers to be recommended for promotion. 20237. Establishment of promotion zones. 20238. Promotions: how made; authorized delay of promotions. 20231. Eligibility for consideration for promotion: time-in-grade and other requirements (a) Time-in-grade requirements (1) An officer who is in a Space Force active status on the Space Force officer list and holds a permanent appointment in the grade of second lieutenant or first lieutenant may not be promoted to the next higher permanent grade until the officer has completed the following period of service in the grade in which the officer holds a permanent appointment: (A) Eighteen months, in the case of an officer holding a permanent appointment in the grade of second lieutenant. (B) Two years, in the case of an officer holding a permanent appointment in the grade of first lieutenant. (2) Subject to paragraph (5), an officer who is in a Space Force active status on the Space Force officer list and holds a permanent appointment in a grade above first lieutenant may not be considered for selection for promotion to the next higher permanent grade until the officer has completed the following period of service in the grade in which the officer holds a permanent appointment: (A) Three years, in the case of an officer holding a permanent appointment in the grade of captain, major, or lieutenant colonel. (B) One year, in the case of an officer holding a permanent appointment in the grade of colonel or brigadier general. (3) When the needs of the service require, the Secretary of the Air Force may prescribe a longer period of service in grade for eligibility for promotion, in the case of officers to whom paragraph (1) applies, or for eligibility for consideration for promotion, in the case of officers to whom paragraph (2) applies. (4) When the needs of the service require, the Secretary of the Air Force may prescribe a shorter period of service in grade, but not less than two years, for eligibility for consideration for promotion, in the case of officers designated for limited duty to whom paragraph (2) applies. (5) The Secretary of the Air Force may waive paragraph (2) to the extent necessary to assure that officers described in subparagraph (A) of such paragraph have at least two opportunities for consideration for promotion to the next higher grade as officers below the promotion zone. (6) In computing service in grade for purposes of this section, service in a grade held as a result of assignment to a position is counted as service in the grade in which the officer would have served except for such assignment or appointment. (b) Continued eligibility for consideration for promotion of officers who have previously failed of selection (1) Except as provided in paragraph (2), an officer who has failed of selection for promotion to the next higher grade remains eligible for consideration for promotion to that grade as long as the officer continues on active duty in other than a retired status and is not promoted. (2) Paragraph (1) does not apply to an officer on active status who is ineligible for consideration for promotion under section 631(c) of this title for the second time. (c) Officers To Be considered by promotion boards (1) Each time a selection board is convened under section 20211 of this title for consideration of officers in a competitive category for promotion to the next higher grade, each officer in the promotion zone (except as provided under paragraph (2)), and each officer above the promotion zone, for the grade and competitive category under consideration shall be considered for promotion. (2) The Secretary of the Air Force— (A) may, in accordance with standards and procedures prescribed by the Secretary of Defense in regulations which shall apply uniformly among the military departments, limit the officers to be considered by a selection board from below the promotion zone to those officers who are determined to be exceptionally well qualified for promotion; (B) may, by regulation, prescribe a period of time, not to exceed one year, from the time an officer on the Space Force officer list transfers on or off of sustained duty during which the officer shall be ineligible for consideration for promotion; and (C) may, by regulation, preclude from consideration by a selection board by which the officer would otherwise be eligible to be considered, an officer who has an established separation date that is within 90 days after the date on which the board is to be convened. (3) (A) The Secretary of Defense may authorize the Secretary of the Air Force to preclude from consideration by selection boards for promotion to the grade of brigadier general, officers in the grade of colonel who— (i) have been considered and not selected for promotion to the grade of brigadier general or by at least two selection boards; and (ii) are determined, in accordance with standards and procedures prescribed pursuant to subparagraph (B), as not being exceptionally well qualified for promotion. (B) If the Secretary of Defense authorizes the Secretary of the Air Force to have the authority described in subparagraph (A), the Secretary shall prescribe by regulation the standards and procedures for the exercise of such authority. Those regulations shall apply uniformly among the military departments and shall include the following provisions: (i) A requirement that the Secretary of the Air Force may exercise such authority in the case of a particular selection board only if the Secretary of Defense approves the exercise of that authority for that board. (ii) A requirement that an officer may be precluded from consideration by a selection board under this paragraph only upon the recommendation of a preselection board of officers convened by the Secretary of the military department concerned and composed of at least three officers all of whom are serving in a grade higher than the grade of such officer. (iii) A requirement that such a preselection board may not recommend that an officer be precluded from such consideration unless the Secretary of the Air Force has given the officer advance written notice of the convening of such board and of the military records that will be considered by the board and has given the officer a reasonable period before the convening of the board in which to submit comments to the board. (iv) A requirement that the Secretary of the Air Force shall provide general guidance to the board in accordance with standards and procedures prescribed by the Secretary of Defense in those regulations. (v) A requirement that the preselection board may recommend that an officer be precluded from consideration by a selection board only on the basis of the general guidance provided by the Secretary Air Force, information in the officer's official military personnel records that has been described in the notice provided the officer as required pursuant to clause (iii), and any communication to the board received from that officer before the board convenes. (d) Certain officers not To Be considered A selection board convened under section 20211 of this title may not consider for promotion to the next higher grade any of the following officers: (1) An officer whose name is on a promotion list for that grade as a result of the officer’s selection for promotion to that grade by an earlier selection board convened under that section. (2) An officer who is recommended for promotion to that grade in the report of an earlier selection board convened under that section, in the case of such a report that has not yet been approved by the President. (3) An officer in the grade of first lieutenant who is on an approved all-fully-qualified-officers list under section 20238(a)(4) of this title. (4) An officer in the grade of captain who is not a citizen of the United States. (5) An officer excluded under subsection (e). (e) Authority To allow officers To opt out of selection board consideration (1) The Secretary of the Air Force may provide that an officer on the Space Force officer list may, upon the officer’s request and with the approval of the Secretary, be excluded from consideration by a selection board convened under section 20211 of this title to consider officers for promotion to the next higher grade. (2) The Secretary of the Air Force may only approve a request under paragraph (1) if— (A) (i) the basis for the request is to allow an officer to complete a broadening assignment, advanced education, another assignment of significant value to the Department, a career progression requirement delayed by the assignment or education; (ii) the Secretary determines the exclusion from consideration is in the best interest of the Space Force; and (iii) the officer has not previously failed of selection for promotion to the grade for which the officer requests the exclusion from consideration; or (B) (i) the officer is serving in a critical skill position that cannot be filled by another Space Force officer serving in the same grade; (ii) the Secretary determines that it is in the best interests of the Space Force for the officer to continue to serve in their current position and grade; and (iii) the officer has not previously opted out of a promotion board under this authority. 20232. Eligibility for consideration for promotion: designation as joint qualified officer required before promotion to brigadier general; exceptions The provisions of section 619a of this title shall apply to officers of the Space Force. 20233. Opportunities for consideration for promotion (a) Specification of number of opportunities for consideration for promotion Under regulations prescribed by the Secretary of Defense, the Secretary of the Air Force shall specify the number of opportunities for consideration for promotion to be afforded to Space Force officers for promotion to each grade above the grade of captain. (b) Limitation on number of opportunities that may be specified The number of opportunities for consideration for promotion to be afforded officers of the Space Force for promotion to a particular grade may not exceed five. (c) Limited authority of secretary of the air force To modify number of opportunities The Secretary of the Air Force may change the number of opportunities for consideration for promotion to a particular grade not more frequently than once every five years. (d) Authority of secretary of defense To modify number of opportunities The Secretary of Defense may modify the number of opportunities for consideration for promotion to be afforded officers of the Space Force for promotion to a particular grade. 20234. Space Force officer list (a) Single list The Secretary of the Air Force shall maintain a single list of all Space Force officers serving in a Space Force active status. The list shall be known as the Space Force officer list. (b) Order of officers on list Officers shall be carried on the Space Force officer list in the order of seniority of the grade in which they are serving. Officers serving in the same grade shall be carried in the order of their rank in that grade. (c) Effect of service in a temporary appointment An officer whose position on the Space Force officer list results from service under a temporary appointment or in a grade held by reason of assignment to a position has, when that appointment or assignment ends, the grade and position on the Space Force officer list that the officer would have held if the officer had not received that appointment or assignment. 20235. Competitive categories (a) Requirement To establish competitive categories for promotion Under regulations prescribed by the Secretary of Defense, the Secretary of the Air Force shall establish at least one competitive category for promotion for officers on the Space Force officer list. Each officer whose name appears on the Space Force officer list shall be carried in a competitive category of officers. Officers in the same competitive category shall compete among themselves for promotion. (b) Single competitive category for promotion to general officer grades The Secretary of the Air Force shall establish a single competitive category for all officers on the Space Force officer list who will be considered by a selection board convened under section 20211 of this title for promotion to the grade of brigadier general or major general. 20236. Numbers to be recommended for promotion (a) Promotion to grades below brigadier general (1) Before convening a selection board under section 20211 of this title to consider officers for recommendation for promotion to a grade below brigadier general and in any competitive category, the Secretary of the Air Force shall determine— (A) the number of positions needed to accomplish mission objectives which require officers of that competitive category in the grade to which the board will recommend officers for promotion; (B) the estimated number of officers needed to fill vacancies in those positions during the period in which it is anticipated that officers selected for promotion will be promoted; and (C) the number of officers in a Space Force active status authorized by the Secretary of the Air Force to serve both on sustained duty and not on sustained duty in the grade and competitive category under consideration. (2) Based on the determinations under paragraph (1), the Secretary of the Air Force shall determine the maximum number of officers in that competitive category which the selection board may recommend for promotion. (b) Promotion to brigadier general and major general (1) Before convening a selection board under section 20211 of this title to consider officers for recommendation for promotion to the grade of brigadier general or major general, the Secretary of the Air Force shall determine— (A) the number of positions needed to accomplish mission objectives which require officers serving in a Space Force active status on sustained duty, and in a Space Force active status not on sustained duty, in the grade to which the board will recommend officers for promotion; and (B) the estimated number of officers on sustained duty and not on sustained duty needed to fill vacancies in those positions over the 24-month period beginning on the date on which the selection board convenes. (2) Based on the determinations under paragraph (1), the Secretary of the Air Force shall determine the maximum number of officers serving in a Space Force active status on sustained duty, and the maximum number of officers serving in a Space Force active status not on sustained duty, which the selection board may recommend for promotion. 20237. Establishment of promotion zones (a) In general Before convening a selection board under section 20211 of this title to consider officers for promotion to any grade above first lieutenant or lieutenant (junior grade), the Secretary of the Air Force shall establish a promotion zone for officers serving in each grade and competitive category to be considered by the board. (b) Determination of number The Secretary of the Air Force shall determine the number of officers in the promotion zone for officers serving in any grade and competitive category from among officers who are eligible for promotion in that grade and competitive category. Such determination shall be made on the basis of an estimate of— (1) the number of officers needed in that competitive category in the next higher grade in each of the next five years; (2) the number of officers to be serving in that competitive category in the next higher grade in each of the next five years; (3) in the case of a promotion zone for officers to be promoted to a grade to which section 523 of this title is applicable, the number of officers authorized for such grade under such section to be on active duty on the last day of each of the next five fiscal years; and (4) the number of officers that should be placed in that promotion zone in each of the next five years to provide to officers in those years relatively similar opportunity for promotion. 20238. Promotions: how made; authorized delay of promotions (a) Procedure for promotion of officers on an approved promotion list (1) Placement of names on promotion list When the report of a selection board convened under section 20211 of this title is approved by the President, the Secretary of the Air Force shall place the names of all officers approved for promotion within a competitive category on a single list for that competitive category, to be known as a promotion list, in the order of the seniority of such officers on the list or based on particular merit, as determined by the promotion board. A promotion list is considered to be established under this section as of the date of the approval of the report of the selection board under the preceding sentence. (2) Order and timing of promotions Except as provided in subsection (d), officers on a promotion list for a competitive category shall be promoted to the next higher grade when additional officers in that grade and competitive category are needed. Promotions shall be made in the order in which the names of officers appear on the promotion list and after officers previously selected for promotion in that competitive category have been promoted. Officers to be promoted to the grade of first lieutenant shall be promoted in accordance with regulations prescribed by the Secretary of the Air Force. (3) Limitation on promotions to general officer grades to comply with strength limitations Under regulations prescribed by the Secretary of Defense, the promotion of an officer on the Space Force officer list to a general officer grade shall be delayed if that promotion would cause any strength limitation of section 526 of this title to be exceeded. The delay shall expire when the Secretary of the Air Force determines that the delay is no longer required to ensure compliance with the strength limitation. (4) Promotion of first lieutenants on an all-fully-qualified officers list (A) Except as provided in subsection (d), officers on the Space Force officer list in the grade of first lieutenant who are on an approved all-fully-qualified-officers list shall be promoted to the grade of captain in accordance with regulations prescribed by the Secretary of the Air Force. (B) An all-fully-qualified-officers list shall be considered to be approved for purposes of subparagraph (A) when the list is approved by the President. When so approved, such a list shall be treated in the same manner as a promotion list under this chapter. (C) The Secretary of the Air Force may make a recommendation to the President for approval of an all-fully-qualified-officers list only when the Secretary determines that all officers on the list are needed in the next higher grade to accomplish mission objectives. (D) For purposes of this paragraph, an all-fully-qualified-officers list is a list of all officers on the Space Force officers list in a grade who the Secretary of the Air Force determines— (i) are fully qualified for promotion to the next higher grade; and (ii) would be eligible for consideration for promotion to the next higher grade by a selection board convened under section 20211 of this title upon the convening of such a board. (E) If the Secretary of the Air Force determines that one or more officers or former officers were not placed on an all-fully-qualified-list under this paragraph because of administrative error, the Secretary may prepare a supplemental all-fully-qualified-officers list containing the names of any such officers for approval in accordance with this paragraph. (b) Date of rank The date of rank of an officer appointed to a higher grade under this section is determined under section 741(d) of this title. (c) Appointment authority Appointments under this section shall be made by the President, by and with the advice and consent of the Senate, except that appointments under this section in the grade of first lieutenant or captain shall be made by the President alone. (d) Authority To delay appointments for specified reasons The provisions of subsection (d) of section 624 of this title shall apply to the appointment of an officer under this section in the same manner as they apply to an appointment of an officer under that section, and any reference in that subsection to an active-duty list shall be treated for purposes of applicability to an officer of the Space Force as referring to the Space Force officer list. IV Persons not considered for promotion and other promotion-related provisions Sec. 20241. Persons not considered for promotion and other promotion-related provisions. 20241. Persons not considered for promotion and other promotion-related provisions Subchapter III of chapter 36 of this title shall apply to officers of the Space Force. V Applicability of other laws Sec. 20251. Applicability of certain DOPMA officer personnel policy provisions. 20251. Applicability of certain DOPMA officer personnel policy provisions Except as otherwise modified or provided for in this chapter, the following provisions of chapter 36 of this title (relating to promotion, separation, and involuntary retirement of officers on the active-duty list) shall apply to Space Force officers and officer promotions: (1) Subchapter I (relating to selection boards). (2) Subchapter II (relating to promotions). (3) Subchapter III (relating to failure of selection for promotion and retirement for years of service). (4) Subchapter IV (relating to continuation on active duty and selective early retirement). (5) Subchapter V (additional provisions relating to promotion, separation, and retirement). (6) Subchapter VI (relating to alternative promotion authority for officers in designated competitive categories). . (d) Temporary ( brevet Section 605 of title 10, United States Code, is amended as follows: (1) Coverage of Space Force officers Subsections (a), (b)(2)(A), (f)(1), and (f)(2) are amended by striking or Marine Corps, Marine Corps, or Space Force, (2) Disaggregation of air force maximum numbers Subsection (g) is amended— (A) by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively; and (B) by striking paragraph (2) and inserting the following new paragraphs (2) and (3): (2) In the case of the Air Force— (A) as captain, 95; (B) as major, 305; (C) as lieutenant colonel, 165; and (D) as colonel, 75. (3) In the case of the Space Force— (A) as captain, 5; (B) as major, 20; (C) as lieutenant colonel, 10; and (D) as colonel, 5. . 1817. Enlisted members (a) In general Subtitle F of title 10, United States Code, as amended by section 1716, is further amended by adding at the end the following new chapter: 2007 Enlisted members Sec. 20301. Original enlistments: qualifications; grade. 20302. Enlisted members: term of enlistment. 20303. Reference to chapter 31. 20301. Original enlistments: qualifications; grade (a) Original enlistments (1) Authority to accept The Secretary of the Air Force may accept original enlistments in the Space Force of qualified, effective, and able-bodied persons. (2) Age A person accepted for original enlistment shall be not less than seventeen years of age. However, no person under eighteen years of age may be originally enlisted without the written consent of the person’s parent or guardian, if the person has a parent or guardian entitled to the person’s custody and control. (b) Grade A person is enlisted in the Space Force in the grade prescribed by the Secretary of the Air Force. 20302. Enlisted members: term of enlistment (a) Term of original enlistments The Secretary of the Air Force may accept original enlistments of persons for the duration of their minority or for a period of at least two but not more than eight years in the Space Force. (b) Term of reenlistments The Secretary of the Air Force may accept a reenlistment in the Space Force for a period determined in accordance with paragraphs (2), (3), and (4) of section 505(d) of this title. 20303. Reference to chapter 31 For other provisions of this title applicable to enlistments in the Space Force, see chapter 31 of this title. . (b) Amendments to title 10 chapter relating to enlistments Chapter 31 of such title is amended as follows: (1) Recruiting campaigns Section 503(a) is amended by striking and Regular Coast Guard Regular Coast Guard, and the Space Force (2) Qualifications, term, grade Section 505 is amended— (A) by striking Regular Space Force, (B) by adding at the end the following new subsection: (e) For enlistments in the Space Force, see sections 20301 and 20302 of this title. . (3) Extension of enlistments during war Section 506 is amended by striking Regular Space Force (4) Reenlistment Section 508 is amended striking Regular Space Force (5) Enlistment incentives for pursuit of skills to facilitate national service Section 510(c) is amended— (A) in paragraph (2), by inserting or the Space Force Selected Reserve (B) in paragraph (3)— (i) by redesignating subparagraphs (D) and (E) as subparagraphs (E) and (F), respectively; (ii) by inserting after subparagraph (C) the following new subparagraph (D): (D) in the Space Force; ; and (iii) in subparagraph (F), as so redesignated, by striking subparagraphs (A) through (D) subparagraphs (A) through (E) (6) College first program Section 511(b)(1)(A) is amended by inserting or as a member of the Space Force, reserve component, (7) Delayed entry program Section 513(a) is amended— (A) by inserting, , or who is qualified under section 20301 of this title and applicable regulations for enlistment in the Space Force, armed force (B) by inserting , or be enlisted as a member of the Space Force, Coast Guard Reserve (8) Effect upon enlisted status of acceptance of appointment as cadet or midshipman Section 516(b) is amended by inserting or in the Space Force, armed force 1818. Retention and separation generally (a) In general Subtitle F of title 10, United States Code, as amended by section 1717, is further amended by adding at the end the following new chapter: 2009 Retention and separation generally Sec. 20401. Applicability of certain provisions of law related to separation. 20402. Enlisted members: standards and qualifications for retention. 20403. Officers: standards and qualifications for retention. 20404. Selection of officers for early retirement or discharge. 20405. Force shaping authority. 20401. Applicability of certain provisions of law related to separation (a) Officer separation Except as specified in this section or otherwise modified in this chapter, the provisions of chapter 59 of this title applicable to officers of a regular component shall apply to officers of the Space Force. (b) Enlisted member separation Except as specified in this section or otherwise modified in this chapter, the provisions of chapter 59 of this title applicable to enlisted members of a regular component shall apply to enlisted members of the Space Force. (c) Separation pay upon involuntary discharge or release from active duty The provisions of section 1174 of this title— (1) pertaining to a regular officer shall apply to a Space Force officer serving on sustained duty; (2) pertaining to a regular enlisted member shall apply to an enlisted member of the Space Force serving on sustained duty; and (3) pertaining to other members shall apply to members of the Space Force not serving on sustained duty. (d) Voluntary separation incentive The provisions of section 1175 of this title pertaining to a voluntary appointment, enlistment, or transfer to a reserve component shall apply to the voluntary release from active duty of a member of the Space Force on sustained duty. (e) Voluntary separation pay and benefits The provisions of section 1176 of this title— (1) pertaining to a regular enlisted member shall apply to an enlisted member of the Space Force serving on sustained duty; and (2) pertaining to a reserve enlisted member serving in an active status shall apply to an enlisted member of the Space Force serving in a Space Force active status or on sustained duty. 20402. Enlisted members: standards and qualifications for retention (a) Standards and qualifications for retention Subject to such limitations as the Secretary of Defense may prescribe, the Secretary of the Air Force shall, by regulation, prescribe— (1) standards and qualifications for the retention of enlisted members of the Space Force; and (2) equitable procedures for the periodic determination of the compliance of each such member with those standards and qualifications. (b) Effect of failure To comply with standards and qualifications If an enlisted member serving in Space Force active status fails to comply with the standards and qualifications prescribed under subsection (a), the member shall— (1) if qualified, be transferred to Space Force inactive status; (2) if qualified, be retired in accordance with section 20603 of this title; or (3) have the member’s enlistment terminated. 20403. Officers: standards and qualifications for retention (a) Standards and qualifications To be retained in an active status, a Space Force officer must— (1) in any applicable yearly period, attain the number of points specified under section 12732(a)(2) of this title; and (2) conform to such other standards and qualifications as the Secretary may prescribe for officers of the Space Force. (b) Result of failure To comply A Space Force officer who fails to attain the number of points prescribed under subsection (a)(1), or to conform to the standards and qualifications prescribed under subsection (a)(2), may be referred to a board convened under section 20501(a) of this title. 20404. Selection of officers for early retirement or discharge (a) Consideration for early retirement The Secretary of the Air Force may convene selection boards under section 20211(b) of this title to consider for early retirement officers on the Space Force officer list as follows: (1) Officers in the grade of lieutenant colonel who have failed of selection for promotion at least one time and whose names are not on a list of officers recommended for promotion. (2) Officers in the grade of colonel who have served in that grade for at least two years and whose names are not on a list of officers recommended for promotion. (3) Officers, other than those described in paragraphs (1) and (2), holding a grade below the grade of colonel— (A) who are eligible for retirement under section 20601 of this title or who after two additional years or less of active service would be eligible for retirement under that section; and (B) whose names are not on a list of officers recommended for promotion. (b) Consideration for discharge (1) Subject to such limitations as the Secretary of Defense may prescribe, the Secretary of the Air Force may convene selection boards under section 20211 of this title to consider for discharge officers on the Space Force officer list— (A) who have served at least one year of active status in the grade currently held; (B) whose names are not on a list of officers recommended for promotion; and (C) who are not eligible to be retired under any provision of law (other than by reason of eligibility pursuant to section 4403 of the National Defense Authorization Act for Fiscal Year 1993 ( Public Law 102–484 (2) An officer who is recommended for discharge by a selection board convened pursuant to the authority of paragraph (1) and whose discharge is approved by the Secretary of the Air Force shall be discharged on a date specified by the Secretary. (3) Selection of officers for discharge under paragraph (1) shall be based on the needs of the service. (c) Discharges and retirements considered To Be involuntary The discharge or retirement of an officer pursuant to this section shall be considered to be involuntary for purposes of any other provision of law. 20405. Force shaping authority (a) Authority The Secretary of the Air Force may, solely for the purpose of restructuring the Space Force— (1) discharge an officer described in subsection (b); or (2) involuntarily release such an officer from sustained duty. (b) Covered officers (1) The authority under this section may be exercised in the case of an officer of the Space Force serving on sustained duty who— (A) has completed not more than six years of service as a commissioned officer in the armed forces; or (B) has completed more than six years of service as a commissioned officer in the armed forces, but has not completed the minimum service obligation applicable to that officer. (2) In this subsection, the term minimum service obligation (c) Regulations The Secretary of the Air Force shall prescribe regulations for the exercise of the Secretary's authority under this section. . (b) Conforming amendments Section 647 of title 10, United States Code, is amended— (1) in subsection (b)(1), by inserting (other than an officer of the Space Force) in the case of an officer (2) in subsection (c), by striking Regular Marine Corps, of Regular Space Force or Regular Marine Corps (3) by adding at the end the following new subsection: (e) Space Force For a similar provision with respect to officers of the Space Force, see section 20405 of this title. . 1819. Separation of officers for substandard performance of duty or for certain other reasons Subtitle F of title 10, United States Code, as amended by section 1718, is further amended by adding at the end the following new chapter: 2011 Separation of officers for substandard performance of duty or for certain other reasons Sec. 20501. Authority to establish procedures to consider the separation of officers for substandard performance of duty and for certain other reasons. 20502. Retention boards. 20503. Removal of officer: action by secretary upon recommendation of retention board. 20504. Rights and procedures. 20505. Officer considered for removal: voluntary retirement or discharge. 20506. Officers eligible to serve on retention boards. 20501. Authority to establish procedures to consider the separation of officers for substandard performance of duty and for certain other reasons (a) Procedures for review of record of officers relating to standards of performance of duty (1) The Secretary of the Air Force shall prescribe, by regulation, procedures for the review at any time of the record of any commissioned officer (other than a retired officer) of the Space Force in a Space Force active status to determine whether the officer shall be required, because of a reason stated in paragraph (2), to show cause for the officer’s retention in a Space Force active status. (2) The reasons referred to in paragraph (1) are the following: (A) The officer’s performance of duty has fallen below standards prescribed by the Secretary of Defense. (B) The officer has failed to satisfy the standards and qualifications established under section 20403 (b) Procedures for review of record of officers relating to certain other reasons (1) The Secretary of the Air Force shall prescribe, by regulation, procedures for the review at any time of the record of any commissioned officer (other than a retired officer) of the Space Force in a Space Force active status to determine whether the officer should be required, because of a reason stated in paragraph (2), to show cause for the officer’s retention in a Space Force active status. (2) The reasons referred to in paragraph (1) are the following: (A) Misconduct. (B) Moral or professional dereliction. (C) The officer’s retention is not clearly consistent with the interests of national security. (c) Secretary of defense limitations Regulations prescribed by the Secretary of the Air Force under this section are subject to such limitations as the Secretary of Defense may prescribe. 20502. Retention boards (a) Convening of boards To consider officers required To show cause The Secretary of the Air Force shall convene retention boards at such times and places as the Secretary may prescribe to receive evidence and make findings and recommendations as to whether an officer who is required under section 20501 section 20506 (b) Fair and impartial hearing A retention board shall give a fair and impartial hearing to each officer required under section 20501 (c) Effect of board determination that an officer has failed To establish that the officer should be retained (1) If a retention board determines that the officer has failed to establish that the officer should be retained in a Space Force active status, the board shall recommend to the Secretary of the Air Force one of the following: (A) That the officer be transferred to an inactive status. (B) That the officer, if qualified under any provision of law, be retired. (C) That the officer be discharged from the Space Force. (2) Under regulations prescribed by the Secretary of the Air Force, an officer as to whom a retention board makes a recommendation under paragraph (1) that the officer not be retained in a Space Force active status may be required to take leave pending the completion of the officer's case under this chapter. The officer may be required to begin such leave at any time following the officer's receipt of the report of the retention board, including the board's recommendation for removal from a Space Force active status, and the expiration of any period allowed for submission by the officer of a rebuttal to that report. The leave may be continued until the date on which action by the Secretary of the Air Force on the officer's case is completed or may be terminated at any earlier time. (d) Effect of board determination that an officer has established that the officer should be retained (1) If a retention board determines that the officer has established that the officer should be retained in a Space Force active status, the officer's case is closed. (2) An officer who is required to show cause for retention in a Space Force active status under subsection (a) of section 20501 (3) (A) Subject to subparagraph (B), an officer who is required to show cause for retention in a Space Force active status under subsection (b) of section 20501 (B) An officer who has been required to show cause for retention in a Space Force active status under subsection (b) of section 20501 (4) In the case of an officer described in paragraph (2) or paragraph (3)(A), the retention board may recommend that the officer be required to complete additional training, professional education, or such other developmental programs as may be available to correct any identified deficiencies and improve the officer’s performance within the Space Force. 20503. Removal of officer: action by Secretary upon recommendation of retention board The Secretary of the Air Force may remove an officer from Space Force active status if the removal of such officer from Space Force active status is recommended by a retention board convened under section 20502 20504. Rights and procedures (a) In general Under regulations prescribed by the Secretary of the Air Force, each officer required under section 20501 (1) shall be notified in writing, at least 30 days before the hearing of the officer’s case by a retention board, of the reasons for which the officer is being required to show cause for retention in a Space Force active status; (2) shall be allowed a reasonable time, as determined by the board, to prepare the officer’s showing of cause for retention in a Space Force active status; (3) shall be allowed to appear either in person or through electronic means and to be represented by counsel at proceedings before the board; and (4) shall be allowed full access to, and shall be furnished copies of, records relevant to the officer’s case, except that the board shall withhold any record that the Secretary determines should be withheld in the interest of national security. (b) Summary of records withheld in interest of national security When a record is withheld under subsection (a)(4), the officer whose case is under consideration shall, to the extent that the interest of national security permits, be furnished a summary of the record so withheld. 20505. Officer considered for removal: voluntary retirement or discharge (a) In general At any time during proceedings under this chapter with respect to the removal of an officer from a Space Force active status, the Secretary of the Air Force may grant a request by the officer— (1) for voluntary retirement, if the officer is qualified for retirement; or (2) for discharge in accordance with subsection (b)(2). (b) Retirement or discharge An officer removed from a Space Force active status under section 20503 (1) if eligible for voluntary retirement under any provision of law on the date of such removal, be retired in the grade and with the retired pay for which the officer would be eligible if retired under such provision; and (2) if ineligible for voluntary retirement under any provision of law on the date of such removal— (A) be honorably discharged in the grade then held, in the case of an officer whose case was brought under subsection (a) of section 20501 (B) be discharged in the grade then held, in the case of an officer whose case was brought under subsection (b) of section 20501 (c) Separation pay for discharged officer An officer who is discharged under subsection (b)(2) is entitled, if eligible therefor, to separation pay under section 1174(a)(2) 20506. Officers eligible to serve on retention boards (a) In general The provisions of section 1187 chapter 60 (b) Retired air force officers (1) Authority In applying subsection (b) of section 1187 (2) Limitation A retired officer of the Air Force may be appointed to a board under paragraph (1) only if the officer served in a space-related career field of the Air Force for sufficient time such that the Secretary of the Air Force determines that the retired Air Force officer has adequate knowledge concerning the standards of performance and conduct required of an officer of the Space Force. . 1820. Retirement (a) In general Subtitle F of title 10, United States Code, as amended by section 1719, is further amended by adding at the end the following new chapter: 2013 Voluntary retirement for length of service Sec. 20601. Officers: voluntary retirement for length of service. 20602. Officers: computation of years of service for voluntary retirement. 20603. Enlisted members: voluntary retirement for length of service. 20604. Enlisted members: computation of years of service for voluntary retirement. 20605. Applicability of other provisions of law relating to retirement. 20601. Officers: voluntary retirement for length of service (a) Twenty years or more The Secretary of the Air Force may, upon the officer's request, retire a commissioned officer of the Space Force who has at least 20 years of service computed under section 20602 (b) Thirty years or more A commissioned officer of the Space Force who has at least 30 years of service computed under section 20602 (c) Forty years or more Except as provided in section 20503 section 20602 20602. Officers: computation of years of service for voluntary retirement (a) Years of active service For the purpose of determining whether an officer of the Space Force may be retired under section 20601 (b) Reference to section excluding service during certain periods Section 972(b) 20603. Enlisted members: voluntary retirement for length of service (a) Twenty to thirty years Under regulations to be prescribed by the Secretary of the Air Force, an enlisted member of the Space Force who has at least 20, but less than 30, years of service computed under section 20604 (b) Thirty years or more An enlisted member of the Space Force who has at least 30 years of service computed under section 20604 20604. Enlisted members: computation of years of service for voluntary retirement (a) Years of active service For the purpose of determining whether an enlisted member of the Space Force may be retired under section 20603 (b) Reference to section excluding counting of certain service required To Be made up Time required to be made up under section 972(a) 20605. Applicability of other provisions of law relating to retirement (a) Applicability to members of the Space Force Except as specifically provided for by this chapter, the provisions of this title specified in subsection (b) apply to members of the Space Force as follows: (1) Provisions pertaining to an officer of the Air Force shall apply to an officer of the Space Force. (2) Provisions pertaining to an enlisted member of the Air Force shall apply to an enlisted member of the Space Force. (3) Provisions pertaining to a regular officer shall apply to an officer who is on sustained duty in the Space Force. (4) Provisions pertaining to a regular enlisted member shall apply to an enlisted member who is on sustained duty in the Space Force. (5) Provisions pertaining to a reserve officer shall apply to an officer who is in a Space Force active status but not on sustained duty. (6) Provisions pertaining to a reserve enlisted member shall apply to an enlisted member who is in a Space Force active status but not on sustained duty. (7) Provisions pertaining to service in a regular component shall apply to service on sustained duty. (8) Provisions pertaining to service in a reserve component shall apply to service in a Space Force active status not on sustained duty. (9) Provisions pertaining to a member of the Ready Reserve shall apply to a member of the Space Force who is in a Space Force active status prior to being ordered to active duty. (10) Provisions pertaining to a member of the Retired Reserve shall apply to a member of the Space Force who has retired under chapter 1223 (b) Provisions of law The provisions of this title referred to in subsection (a) are the following: (1) Chapter 61, relating to retirement or separation for physical disability. (2) Chapter 63, relating to retirement for age. (3) Chapter 69, relating to retired grade. (4) Chapter 71, relating to computation of retired pay. (5) Chapter 941, relating to retirement from the Air Force for length of service. (6) Chapter 945, relating to computation of retired pay. (7) Chapter 1223, relating to retired pay for non-regular service. (8) Chapter 1225, relating to retired grade. . (b) Conforming amendments Title 10, United States Code, is amended as follows: (1) Retired members ordered to active duty Section 688(b) (A) in paragraph (1), by striking Regular Marine Corps, or Regular Space Force or Regular Marine Corps (B) by adding at the end the following new paragraph: (4) A retired member of the Space Force. . (2) Retired grade Section 9341 (A) in subsection (a), by striking or the Space Force (B) in subsection (b), by striking or a Regular or Reserve of the Space Force (C) by adding at the end the following new subsection: (c) Space Force (1) The retired grade of a commissioned officer of the Space Force who retires other than for physical disability is determined under section 1370 1370a (2) Unless entitled to a higher retired grade under some other provision of law, a member of the Space Force not covered by paragraph (1) who retires other than for physical disability retires in the grade that the member holds on the date of the member's retirement. . (3) Retired grade of enlisted members after 30 years of service Section 9344(b)(2) Regular Space Force (4) Retired lists Section 9346 (A) in subsection (a), by striking or the Regular Space Force and a separate retired list containing the name of each retired commissioned officer of the Space Force (other than an officer whose name is on the list maintained under subsection (b)(2)) (B) in subsection (b)— (i) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively; (ii) by inserting (1) (b) (iii) in subparagraph (A), as redesignated by clause (i), by striking , or for commissioned officers of the Space Force other than of the Regular Space Force (iv) in subparagraph (B), as so redesignated, by striking or the Space Force (v) by adding at the end the following new paragraph: (2) The Secretary shall maintain a retired list containing the name of— (A) each person entitled to retired pay who as a member of the Space Force qualified for retirement under section 20601 (B) each retired warrant officer or enlisted member of the Space Force who is advanced to a commissioned grade. ; (C) in subsection (c), by striking or the Space Force and a separate retired list containing the name of each retired warrant officer of the Space Force (D) in subsection (d), by striking or the Regular Space Force and a separate retired list containing the name of each retired enlisted member of the Space Force B Conforming amendments related to Space Force military personnel system 1831. Amendments to Department of the Air Force provisions of title 10, United States Code (a) Provisions relating to personnel Part II of subtitle D of title 10, United States Code, is amended as follows: (1) Gender-free basis for acceptance of original enlistments (A) Section 9132 Regular Space Force (B) The heading of such section is amended by striking Regular Space Force Space Force (2) Reenlistment after service as an officer (A) Section 9138(a) Regular Space Force (B) The heading of section 9138 Regular Space Force Space Force (3) Warrant officers: original appointment; qualifications Section 9160 Regular (4) Service as an officer to be counted as enlisted service Section 9252 Regular Space Force (5) Chapter heading (A) The heading of chapter 915 915 Appointments in the regular air force and in the Space Force . (B) The tables of chapters at the beginning of subtitle D, and at the beginning of part II of subtitle D of such title, are each amended by striking the item relating to chapter 915 and inserting the following new item: 915. Appointments in the Regular Air Force and in the Space Force 9151. . (b) Provisions relating to training generally Section 9401 (1) in subsection (b)— (A) by striking or the Regular Space Force Regular Air Force (B) by inserting or one of the Space Force in a Space Force active status not on sustained duty, on the active-duty list, (2) in subsection (c)— (A) by striking or Reserve of the Space Force or member of the Space Force in a Space Force active status not on sustained duty (B) by striking the Reserve’s consent the member’s consent (3) in subsection (f)— (A) by striking the Regular Space Force of Space Force members on sustained duty (B) by striking the Space Force Reserve of Space Force members in an active status not on sustained duty (c) Provisions relating to the air force academy Chapter 953 (1) Permanent professors; director of admissions Section 9436 (A) in subsection (a)— (i) by striking the equivalent grade in (ii) by inserting or the Space Force Regular Air Force (iii) by striking and a permanent in the Regular Air Force (B) in subsection (b)— (i) by striking the equivalent grade in the grade of lieutenant colonel in (ii) by striking Regular Space Force has the grade equivalent to the grade of colonel in the Regular Air Force Space Force has the grade of colonel in the Space Force (2) Appointment of cadets Section 9442(b) (A) in paragraph (1)(C), by inserting , or the Space Force, members of reserve components (B) in paragraph (2), by striking Regular Space Force (3) Agreement of cadets to serve as officers Section 9448(a) (A) in paragraph (2)(A), by striking Regular Space Force (B) in paragraph (3)— (i) in the matter preceding subparagraph (A), by inserting , or to terminate the officer’s order to sustained duty in the Space Force resign as a regular officer (ii) in subparagraph (A), by striking or as a Reserve in the Space Force for service in the Space Force Reserve or will accept further assignment in a Space Force active status (iii) in subparagraph (B), by inserting , or the Space Force, that reserve component (4) Hazing Section 9452(c) Marine Corps, or Space Force, or Marine Corps, or in the Space Force, (5) Commission upon graduation Section 9453(b) (A) by striking or in the equivalent grade in the Regular Space Force (B) by inserting before the period the following: or a second lieutenant in the Space Force under section 531 20201 (d) Provisions relating to schools and camps Chapter 957 (1) Purpose Section 9481 (A) by striking to qualify them for appointment (1) appointment ; (B) by striking or the Space Force Reserve. ; or (C) by adding at the end the following new paragraph: (2) appointment as officers, or enlistment as noncommissioned officers, for service in the Space Force in a Space Force active status. . (2) Operation Section 9482(4) or the Regular Space Force or members of the Space Force in an active status 1832. Amendments to subtitle A of title 10, United States Code (a) Provisions relating to organization and general military powers Part I of subtitle A of title 10, Untied States Code, is amended as follows: (1) Annual defense manpower report Section 115a(d)(3)(F) or, in the case of the Space Force, officers ordered to active duty other than under section 20105(b) (2) Suspension of end-strength and other strength limitations in time of war or national emergency Section 123a(a)(2) or the Space Force a reserve component (3) Deputy commander of usnorthcom Section 164(e)(4) (A) by inserting (A) (4) (B) by striking shall be a (i) a qualified officer of a reserve component who is eligible for promotion to the grade of lieutenant general or, in the case of the Navy, vice admiral; or (ii) a qualified officer of the Space Force whose prior service includes service in a Space Force active status other than sustained duty and who is eligible for promotion to the grade of lieutenant general. ; and (C) by adding at the end the following new subparagraph: (B) The requirement in subparagraph (A) does not apply when the officer serving as commander of the combatant command described in that subparagraph is— (i) a reserve component officer; or (ii) an officer of the Space Force whose prior service includes service in a Space Force active status other than sustained duty. . (4) Readiness reports Section 482(a) and the Space Force active and reserve components (b) Dopma officer personnel provisions Chapter 36 (1) Nondisclosure of board proceedings Section 613a 573, 611, or 628 573, 611, 628, or 20211 (2) Information furnished to selection boards Section 615(a) (A) in paragraph (1), by inserting or 20211 section 611(a) (B) in paragraph (3)— (i) in subparagraph (B)(i), by striking regular officer regular officer or an officer in the Space Force, a grade above captain or, in the case of the Navy, lieutenant. (ii) in subparagraph (D)— (I) by striking major general, major general or (II) by striking or, in the case of the Space Force, the equivalent grade, (3) Eligibility for consideration for promotion: time-in-grade and other requirements Section 619(a) Marine Corps, or Space Force or Marine Corps (4) Authority to vacate promotions to grades of brigadier general and rear admiral (lower half) Section 625(b) (A) by striking Marine Corps, or Space Force or Marine Corps (B) by adding at the end the following new sentence: An officer of the Space Force whose promotion is vacated under this section holds the grade of colonel. (5) Acceptance of promotions; oath of office Section 626 section 624 section 624 or 20241 (6) Special selection review board Section 628a (A) in subsection (a)(1)(A)— (i) by striking major general, major general or (ii) by striking , or an equivalent grade in the Space Force (B) in subsection (e)(2), by adding at the end the following new sentence: However, in the case of an officer on the Space Force officer list, the provisions of section 618 section 20211 (C) in subsection (f)(1), by adding at the end the following new sentence: However, if the report of a special selection review board convened under this section recommends the sustainment of the recommendation for promotion to the next higher grade of an officer on the Space Force officer list who was referred to it for review under this section, and the President approves the report, the officer shall, as soon as practicable, be appointed to the grade in accordance with subsections (b) and (c) of section 20241 (7) Removal from list of officers recommended for promotion Section 629 (A) in subsection (b), by inserting or 20241(c) section 624(c) (B) in subsection (c)— (i) by inserting or 20241(a) section 624(a) (ii) by inserting or 20241(c) section 624(c) (8) Retirement for years of service (A) Lieutenant colonels Section 633(a) (i) by inserting (1) Except as (ii) by striking Regular Marine Corps, or Regular Space Force or Regular Marine Corps (iii) by adding at the end the following new paragraph: (2) Except as provided under section 637(b) 637a . (B) Colonels Section 634(a) (i) by inserting (1) Except as (ii) by striking Regular Marine Corps, or Regular Space Force or Regular Marine Corps (iii) by adding at the end the following new paragraph: (2) Except as provided under section 637(b) 637a . (C) Brigadier generals Section 635 (i) by inserting (a) Army, navy, air force, and marine corps Except as (ii) by striking Regular Marine Corps, or Regular Space Force or Regular Marine Corps (iii) by adding at the end the following new subsection: (b) Space Force Except as provided under section 637(b) 637a . (D) Officers in grades above brigadier general Section 636(a) (i) by inserting (1) Except as (ii) by striking Regular Marine Corps, or Regular Space Force or Regular Marine Corps (iii) by adding at the end the following new paragraph: (2) Except as provided in subsection (b) or (c) and under section 637(b) 637a . (E) Section headings (i) The heading of section 633 lieutenant colonels and and Space Force lieutenant colonels; regular Navy (ii) The heading of section 634 colonels and and Space Force colonels; regular (iii) The heading of section 635 brigadier generals and and Space Force brigadier generals; regular Navy (iv) The heading of section 636 officers in grades above brigadier general and and Space Force officers in grades above brigadier general; regular Navy officers in grades above (c) Management policies for joint qualified officers Section 661(a) (1) by striking Marine Corps, and Space Force and Marine Corps (2) by inserting , and officers of the Space Force on the Space Force officer list, active-duty list (d) Leave Chapter 40 (1) Entitlement and accumulation Section 701 (A) in subsection (h)— (i) by inserting at the end of paragraph (2) the following new subparagraph: (D) A member of the Space Force in a Space Force active status on sustained duty or subject to a call or order to active duty for a period in excess of 12 months. ; and (ii) in paragraphs (5)(B) and (6), by inserting , or of the Space Force, member of a reserve component (B) in subsection (i), by inserting , or of the Space Force, member of a reserve component (2) Payment upon disapproval of certain board of inquiry recommendations for excess leave required to be taken Section 707a(a)(1) or 20503 section 1182(c)(2) (3) Career flexibility to enhance retention of members Section 710 (A) in subsection (a), by inserting or of the Space Force regular components (B) in subsection (b)(2), by inserting , or a Space Force officer in a Space Force active status not on active duty under section 20105(b) officer (C) in subsection (c)(1), by inserting before the period at the end the following: or, in the case of a member of the Space Force on sustained duty, to accept release from sustained duty orders and to serve in a Space Force active status (D) in subsection (g)(1)(A), by striking chapter 36 or 1405 chapter 36, 1405, or 2005 (e) Limitation on number of officers who may be frocked to a higher grade Section 777(d)(2) , or for the Space Force, the Space Force officer list, active-duty list (f) Uniform code of military justice Chapter 47 (1) Persons subject to ucmj Section 802 (article 2) is amended— (A) in subsection (a)— (i) in paragraph (1), by inserting and members of the Space Force on active duty under section 20105 regular component of the armed forces, (ii) in paragraph (3)(A)(i), by inserting or the Space Force reserve component (iii) in paragraph (5), by inserting , or retired members of the Space Force who qualified for a non-regular retirement and are receiving retired pay, a reserve component (iv) by adding at the end the following new paragraph: (14) Retired members of the Space Force who qualified for a regular retirement under section 20603 ; and (B) in subsection (d)— (i) in paragraph (1), by inserting or the Space Force reserve component (ii) in paragraph (2), by inserting or the Space Force a reserve component (iii) in paragraph (4), by inserting or the Space Force in a regular component of the armed forces (2) Jurisdiction to try certain personnel Subsection (d) of section 803 (article 3) is amended by inserting, or the Space Force reserve component (3) Articles to be explained Section 937 (article 137) is amended— (A) in subsection (a)(1)— (i) by striking or (ii) by striking the period at the end of subparagraph (B) and inserting ; or (iii) by adding at the end the following new subparagraph: (C) the member’s initial entrance on active duty or into a Space Force active status. ; (B) in subsection (a)(2)— (i) by striking and (ii) by redesignating subparagraph (B) as subparagraph (C); and (iii) by inserting after subparagraph (A) the following new subparagraph: (B) after a member of Space Force has completed six months of sustained duty or in the case of a member not on sustained duty, after the member has completed basic or recruit training; and ; (C) in subsection (b)(1)(B), by inserting or the Space Force in a reserve component (D) in subsection (d)(1), by striking or to a member of a reserve component, , to a member of a reserve component, or to a member of the Space Force, (g) Restriction on performance of civil functions by officers on active duty Section 973(b)(1) (1) by striking and (2) by striking the period at the end of subparagraph (C) and inserting ; and (3) by adding at the end the following new subparagraph: (D) to an officer on the Space Force officer list serving on active duty under section 20105(b) . (h) Use of commissary stores and mwr retail facilities Section 1063 (1) in subsection (c)— (A) in the heading, by inserting and space force reserve (B) by inserting or the Space Force reserve component (2) by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; (3) by inserting after subsection (c) the following new subsection (d): (d) Members of the Space Force A member of the Space Force in a Space Force active status who is not on sustained duty shall be permitted to use commissary stores and MWR retail facilities under the same conditions as specified in subsection (a) for a member of the Selected Reserve. ; and (4) in subsection (e), as redesignated by paragraph (2), by striking subsection (a) or (b) subsection (a), (b), or (d) (i) Members involuntary separated (1) Eligibility for certain benefits and services Section 1141 (A) by striking and (B) by striking the period at the end of paragraph (4) and inserting a semicolon; and (C) by adding at the end the following new paragraphs: (5) in the case of an officer of the Space Force (other than a retired officer), the officer is involuntarily discharged or released from active duty under other than adverse conditions, as characterized by the Secretary of the Air Force; and (6) in the case of an enlisted member of the Space Force, the member is— (A) denied reenlistment; or (B) involuntarily discharged or released from active duty under other than adverse conditions, as characterized by the Secretary of the Air Force. . (2) Separation pay Section 1174(a)(2) , Marine Corps, or Space Force or Marine Corps (j) Boards for the correction of military records Chapter 79 (1) Review of actions of selection boards and correction of military records Section 1558 (A) inserting , or the Space Force, reserve component (B) in subsection (b)— (i) in paragraph (1)(C), by striking section 628 or 14502 section 628, 14502, or 20252 (ii) in paragraph (2)(A), by striking or 14705 14507, or 20403 (iii) in paragraph (2)(B)(i), by striking or 14101(a) 14101(a), or 20211 (2) Title of air force service review agency (A) Sections 1555(c)(3) 1557(f)(3) the Department of Air Force, (B) Section 1556(a) the Department of the Army Review Boards Agency, (C) Section 1559(c)(3) the Department of Air Force, (k) Military family programs Chapter 88 (1) Members of department of defense military readiness council Section 1781a(b)(1)(B)(iii) (A) by striking member and member, (B) by inserting , and one of whom shall be the spouse or parent of a member of the Space Force parent of a reserve component member (2) Department of defense policy and plans for military family readiness Section 1781b (A) in subsection (b)(3), by striking military families of members of the regular components and military families of members of the reserve components military families of members of the regular components, the reserve components, and the Space Force (B) in subsection (c)(2)— (i) by striking both (ii) by striking military families of members of the regular components and military families of members of the reserve components military families of members of the regular components, members of the reserve components, and members of the Space Force (l) Training and education programs (1) Payment of tuition for off-duty training or education Section 2007 (g) The provisions of this section pertaining to members of the Ready Reserve, the Selected Reserve, or the Individual Ready Reserve also apply to members of the Space Force in a Space Force active status who are not on active duty. . (2) Rotc financial assistant program for specially selected members Section 2107 (A) in subsection (a)— (i) by striking Navy, Navy or (ii) by striking Marine Corps, or as an officer in the equivalent grade in the Space Force or Marine Corps (B) by adding at the end the following new subsection: (k) Applicability to Space Force (1) Provisions of this section referring to a regular commission, regular officer, or a commission in a regular component shall be treated as also referring to the commission of an officer, or an officer, who is a commissioned officer in the Space Force serving on active duty pursuant to section 20105(b) (2) Provisions of this section referring to a reserve commission, reserve officer, or a commission in a reserve component shall be treated as also referring to the commission of an officer, or an officer, who is a commissioned officer in the Space Force not serving on active duty pursuant to section 20105(b) . (3) Duty as rotc administrators and instructors Section 2111 The Secretary of the Air Force may detail members of the Space Force in the same manner as regular and reserve members of the Air Force. 1833. Title 38, United States Code (veterans’ benefits) (a) Definitions (1) General definitions Section 101 of title 38, United States Code, is amended— (A) in paragraph (23), by inserting , or for members of the Space Force in a Space Force active status (as defined in section 101(e)(1) of title 10), (including commissioned officers of the Reserve Corps of the Public Health Service) (B) in paragraph (27)— (i) by striking subparagraph (E); and (ii) by redesignating subparagraphs (F), (G), and (H) as subparagraphs (E), (F), and (G), respectively. (2) Definitions for purposes of sgli Section 1965 (A) in paragraph (2)(A), by inserting , or by members of the Space Force in a Space Force active status (as defined in section 101(e)(1) of title 10) but not on sustained duty under section 20105 of title 10, for Reserves (B) in paragraph (3)(A), by inserting , or for members of the Space Force in a Space Force active status (as defined in section 101(e)(1) of title 10), (including commissioned officers of the Reserve Corps of the Public Health Service) (b) Persons eligible for interment in national cemeteries Section 2402(a) any member of the Space Force, a Reserve component of the Armed Forces, (c) Educational assistance (1) Montgomery gi bill Section 3011(a)(3)(D) or for further service in the Space Force in a Space Force active status not on sustained duty under section 20105 of title 10 of the Armed Forces, (2) Post 9–11 gi bill Section 3311(c)(3) , or for further service in the Space Force in a Space Force active status not on sustained duty under section 20105 of title 10, of the Armed Forces C Transition provisions 1841. Transition period In this subtitle, the term transition period 1842. Change of duty status of members of the Space Force (a) Change of duty status (1) Conversion of status and order to sustained duty During the transition period, the Secretary of the Air Force shall change the duty status of each member of the Regular Space Force to Space Force active status and shall, at the same time, order the member to sustained duty under section 20105 of title 10, United States Code, as added by section 1715 of this Act. Any such order may be made without regard to any otherwise applicable requirement that such an order be made only with the consent of the member or as specified in an enlistment agreement or active-duty service commitment. (2) Definitions For purposes of this section, the terms Space Force active status sustained duty (b) Effective date of change of duty status The change of a member’s duty status and order to sustained duty in accordance with subsection (a) shall be effective on the date specified by the Secretary of the Air Force, but not later than the last day of the transition period. 1843. Transfer to the Space Force of members of the Air Force Reserve and the Air National Guard (a) Transfer of members of the air force reserve (1) Officers During the transition period, the Secretary of Defense may, with the officer’s consent, transfer a covered officer of the Air Force Reserve or the Air National Guard to, and appoint the officer in, the Space Force. (2) Enlisted members During the transition period, the Secretary of the Air Force may transfer each covered enlisted member of the Air Force Reserve or the Air National Guard to the Space Force, other than those members who do not consent to the transfer. (3) Effective date of transfers Each transfer under this subsection shall be effective on the date specified by the Secretary of Defense, in the case of an officer, or the Secretary of the Air Force, in the case of an enlisted member, but not later than the last day of the transition period. (b) Regulations Transfers under subsection (a) shall be carried out under regulations prescribed by the Secretary of Defense. In the case of an officer, applicable regulations shall include those prescribed pursuant to section 716 of title 10, United States Code. (c) Term of initial enlistment in Space Force In the case of a covered enlisted member who is transferred to the Space Force in accordance with subsection (a), the Secretary of the Air Force may accept the initial enlistment of the member in the Space Force for a period of less than 2 years, but only if the period of enlistment in the Space Force is not less than the period remaining, as of the date of the transfer, in the member’s term of enlistment in the Air Force Reserve. (d) End strength adjustments upon transfers from air force reserve or Air National Guard to Space Force During the transition period, upon the transfer of a mission of the Air Force Reserve or the Air National Guard to the Space Force— (1) the end strength authorized for the Space Force pursuant to section 115(a)(1)(A) of title 10, United States Code, for the fiscal year during which the transfer occurs shall be increased by the number of billets associated with that mission; and (2) the end strength authorized for the Air Force Reserve and the Air National Guard pursuant to section 115(a)(2) (e) Administrative provisions For purposes of the transfer of covered members of the Air Force Reserve in accordance with subsection (a)— (1) the Air Force Reserve, the Air National Guard, and the Space Force shall be considered to be components of the same Armed Force; and (2) the Space Force officer list shall be considered to be an active-duty list of an Armed Force. (f) Retraining and reassignment for members not transferring If a covered member of the Air Force Reserve or the Air National Guard does not consent to transfer to the Space Force in accordance with subsection (a), the Secretary of the Air Force may, as determined appropriate by the Secretary in the case of the individual member, provide the member retraining and reassignment within the Air Force Reserve. (g) Covered members For purposes of this section, the term covered (1) a member who as of the date of the enactment of this Act holds an Air Force specialty code for a specialty held by members of the Space Force; and (2) any other member designated by the Secretary of the Air Force for the purposes of this section. 1844. Placement of officers on the Space Force officer list (a) Placement on list Officers of the Space Force whose duty status is changed in accordance with section 1742, and officers of the Air Force Reserve or the Air National Guard who transfer to the Space Force in accordance with section 1743, shall be placed on the Space Force officer list in an order determined by their respective grades and dates of rank. (b) Officers of same grade and date of rank Among officers of the same grade and date of rank, placement on the Space Force officer list shall be in the order of their rank as determined in accordance with section 741(c) of title 10, United States Code. 1845. Disestablishment of regular Space Force (a) Disestablishment The Secretary of the Air Force shall disestablish the Regular Space Force not later than the end of the transition period, once there are no longer any members remaining in the Regular Space Force. The Regular Space Force shall be disestablished upon the completion of the change of duty status of all members of the Space Force pursuant to section 1742 and certification by the Secretary of the Air Force to the congressional defense committees that there are no longer any members of the Regular Space Force. (b) Publication of notice in federal register The Secretary shall publish in the Federal Register notice of the disestablishment of the Regular Space Force, including the date thereof, together with any certification submitted pursuant to subsection (a). (c) Conforming repeal (1) Repeal Section 9085 of title 10, United States Code, relating to the composition of the Regular Space Force, is repealed. (2) Effective date The amendment made by this subsection shall take effect on the date on which the certification is submitted under subsection (a). 1846. End strength flexibility (a) Additional authority To vary end strengths (1) Authority 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 a fiscal year as follows: (A) Increase the end strength authorized pursuant to section 115(a)(1)(A) (B) Decrease the end strength authorized pursuant to section 115(a)(1)(A) (2) Termination The authority provided under paragraph (1) shall terminate on the last day of the transition period. (b) Temporary exemption for the Space Force from end strength grade restrictions Sections 517 and 523 of title 10, United States Code, shall not apply to the Space Force during the transition period. 1847. Promotion authority flexibility (a) Promotion authority flexibility During the transition period, the Secretary of the Air Force may convene selection boards to consider officers on the Space Force officer list for promotion, and may promote Space Force officers selected by such boards, in accordance with any of the following provisions of title 10, United States Code: (1) Chapter 36. (2) Part III of subtitle E. (3) Chapter 2005, as added by section 1716. (b) Coordination of provisions (1) For a selection board convened pursuant to subsection (a) to consider members of the Space Force for promotion in accordance with chapter 36 (A) provisions that apply to an officer of a regular component of the Armed Forces shall apply to an officer of the Space Force; and (B) the Space Force officer list shall be considered to be an active-duty list. (2) For a selection board convened pursuant to subsection (a) to consider members of the Space Force for promotion in accordance with part III of subtitle E of such title— (A) provisions that apply to an officer of a reserve component of the Armed Forces shall apply to an officer of the Space Force; and (B) the Space Force officer list shall be considered to be a reserve active-status list. (3) For a selection board convened pursuant to subsection (a) to consider members of the Space Force for promotion in accordance with either chapter 36 or part III of subtitle E of such title— (A) section 20213 of such title, as added by section 1716 if this Act, shall apply to the composition of the selection board; (B) the provisions of chapter 2005 (C) section 20216 of such title, as so added, shall apply; and (D) the provisions of chapter 36 or part III of subtitle E of such title, as the case may be, regarding failure of selection for promotion shall apply. (c) Effect of using new chapter 2005 authorities If the Secretary of the Air Force convenes a selection board under chapter 2005 D Other amendments related to the Space Force 1851. Title 10, United States Code (a) Amendments relating to the designation of grades for Space Force officers Title 10, United States Code, is amended as follows: (1) Commissioned officer grades Section 9151 and in the Space Force in the Regular Air Force (2) Rank Section 741(a) and Marine Corps Marine Corps, and Space Force (3) Definition of general officer Section 101(b)(4) or Marine Corps Marine Corps, or Space Force (4) Temporary appointments to positions designated to carry the grade of general or lieutenant general Section 601(e) (A) by striking or Marine Corps, Marine Corps, or Space Force or (B) by striking or the commensurate grades in the Space Force, (5) Retired grade of officers Section 1370 (A) Subsection (a)(2) is amended by striking rear admiral in the Navy, or the equivalent grade in the Space Force or rear admiral in the Navy (B) Subsection (b) is amended — (i) in paragraph (1)— (I) by striking or Marine Corps the Space Force, Marine Corps, or Space Force or lieutenant in the Navy, (II) in subparagraph (B), by striking major general Space Force major general or rear admiral (ii) in paragraph (4), by striking or Marine Corps Space Force, Marine Corps, or Space Force or captain in the Navy, (iii) in paragraph (5)— (I) in subparagraph (A), by striking or Marine Corps Space Force, Marine Corps, or Space Force or lieutenant commander in the Navy, (II) in subparagraph (B), by striking or Marine Corps Space Force, Marine Corps, or Space Force or commander or captain in the Navy, (III) in subparagraph (C), by striking or Marine Corps Space Force, Marine Corps, or Space Force or rear admiral (lower half) or rear admiral in the Navy, (iv) in paragraph (6), by striking , or an equivalent grade in the Space Force, (C) Subsection (c)(1) is amended by striking or Marine Corps Space Force Marine Corps, or Space Force or vice admiral or admiral in the Navy (D) Subsection (d) is amended— (i) in paragraph (1), by striking or Marine Corps Space Force Marine Corps, or Space Force or rear admiral in the Navy (ii) in paragraph (3), by striking or Marine Corps Space Force, Marine Corps, or Space Force or captain in the Navy, (E) Subsection (e)(2) is amended by striking or Marine Corps Space Force, Marine Corps, or Space Force or vice admiral or admiral in the Navy, (F) Subsection (f) is amended — (i) in paragraph (3)— (I) in subparagraph (A), by striking or Marine Corps Space Force, Marine Corps, or Space Force or rear admiral in the Navy (II) in subparagraph (B), by striking or Marine Corps Space Force Marine Corps, or Space Force or vice admiral or admiral in the Navy (ii) in paragraph (6)— (I) in subparagraph (A), by striking or Marine Corps Space Force, Marine Corps, or Space Force or rear admiral in the Navy (II) in subparagraph (B), by striking or Marine Corps Space Force, Marine Corps, or Space Force or vice admiral or admiral in the Navy (6) Honorary promotions Sections 1563(c)(1) 1563a(a)(1) (A) by striking general, general or (B) by striking , or an equivalent grade in the Space Force (7) Air force inspector general Section 9020(a) the general, flag, or equivalent officers of (b) Other title 10 amendments Such title is further amended as follows: (1) Limitation on number of retired members ordered to active duty Section 690(a) or Marine Corps, Marine Corps, or Space Force, (2) The uniform Section 772(i) (A) by striking an Air Force School an Air Force or Space Force school (B) by striking aviation badges of the Air Force aviation or space badges of the Air Force or Space Force (3) Membership in military unions, organizing of military unions, and recognition of military unions prohibited Section 976(a)(1)(C) or the Space Force member of a Reserve component (4) Limitation on enlisted aides Section 981 (A) in subsection (a), by striking Marine Corps, Air Force, Air Force, Marine Corps, Space Force, (B) in subsection (b), by striking and Marine Corps Marine Corps, and Space Force (C) in subsection (c)(1), by inserting Space Force, Marine Corps, (5) Definition of veteran for purposes of funeral honors Section 1491(h)(1) or air service air, or space service (6) Housing for recruits Section 9419(d) or the Space Force training program of the Air Force (7) Charter of chief of space operations Section 9082 (A) Cross-reference correction Subsection (d)(5) is amended by striking sections of law sections 171 and 3104 of this title and other provisions of law (B) Elapsed-time provision Subsection (e)(1) is amended by striking Commencing the Chief The Chief 1852. Other provisions of law (a) Trade act of 1974 Section 233(i)(1) of the Trade Act of 1974 ( 19 U.S.C. 2293(i)(1) , or a member of the Space Force, a member of a reserve component of the Armed Forces (b) Title 28, united states code (judiciary and judicial procedure) Section 631(c) of title 28, United States Code is amended by inserting , members of the Space Force , and members of the Army National Guard (c) Servicemembers civil relief act The Servicemembers Civil Relief Act ( 50 U.S.C. 3901 et seq. (1) Definition of military service Section 101(2)(A) ( 50 U.S.C. 3911(2)(A) Space Force, Marine Corps, (2) Same rights and protections as reserves ordered to report for military service Section 106 ( 50 U.S.C. 3917 (c) Treatment of members of Space Force The provisions of subsection (a) apply to a member of the Space Force who is ordered to report for military service in the same manner as to a member of a reserve component who is ordered to report for military service. . (3) Exercise of rights under scra Section 108(5) ( 50 U.S.C. 3919(5) or as a member of the Space Force B Military construction authorizations 2001. Short title This division may be cited as the Military Construction Authorization Act for Fiscal Year 2024 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, 2026; or (2) the date of the enactment of an Act authorizing funds for military construction for fiscal year 2027. (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, 2026; or (2) the date of the enactment of an Act authorizing funds for fiscal year 2027 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, 2023; 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 $50,000,000 Georgia Fort Eisenhower $163,000,000 Hawaii Aliamanu Military Reservation $20,000,000 Fort Shafter $23,000,000 Helemano Military Reservation $33,000,000 Schofield Barracks $37,000,000 Kansas Fort Riley $105,000,000 Kentucky Fort Campbell $38,000,000 Louisiana Fort Johnson $13,400,000 Massachusetts Soldier Systems Center Natick $18,500,000 Michigan Detroit Arsenal $72,000,000 North Carolina Fort Liberty $154,500,000 Pennsylvania Letterkenny Army Depot $89,000,000 Texas Fort Bliss $74,000,000 Red River Army Depot $113,000,000 Washington Joint Base Lewis-McChord $100,000,000 (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 Grafenwoehr $10,400,000 Hohenfels $56,000,000 (c) Prototype project Using amounts appropriated pursuant to the authorization of appropriations in section 2103(a) and available for military construction projects as specified in the funding table in section 4601, the Secretary of the Army may carry out a military construction project for the installation, and in the amount, set forth in the following table as a prototype project under the pilot program under section 4022(i) of title 10, United States Code, notwithstanding subchapters I and III of chapter 169 and chapters 221 and 223 of title 10, United States Code: Army Prototype Project State Installation Amount North Carolina Fort Liberty $85,000,000 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 or Location Units Amount Germany Baumholder Family Housing New Construction $78,746,000 Kwajalein Kwajalein Atoll Family Housing Replacement Construction $98,600,000 (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 2103(a) and available for military family housing functions as specified in the funding table in section 4601, the Secretary of the Army may improve existing military family housing units in an amount not to exceed $100,000,000. (c) 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 $27,549,000. 2103. Authorization of appropriations, Army (a) Authorization of appropriations Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2023, 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 of authority to use cash payments in special account from land conveyance, Natick Soldier Systems Center, Massachusetts Section 2844(c)(2)(C) of the Military Construction Authorization Act for Fiscal Year 2018 (division B of Public Law 115–91 October 1, 2025 October 1, 2027 2105. Extension of authority to carry out fiscal year 2018 project at Kunsan Air Base, Korea (a) Extension Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2018 (division B of Public Law 115–91 Public Law 117–263 (b) Table The table referred to in subsection (a) is as follows: Army: Extension of 2018 Project Authorization Country Installation or Location Project Original Authorized Amount Korea Kunsan Air Base Unmanned Aerial Vehicle Hangar $53,000,000 2106. Extension of authority to carry out certain fiscal year 2019 projects (a) Army construction and land acquisition (1) Extension Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2019 (division B of Public Law 115–232 (2) Table The table referred to in paragraph (1) is as follows: Army: Extension of 2019 Project Authorizations State/Country Installation or Location Project Original Authorized Amount Korea Camp Tango Command and Control Facility $17,500,000 Maryland Fort Meade Cantonment Area Roads $16,500,000 (b) Overseas contingency operations (1) Extension Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2019 (division B of Public Law 115–232 (2) Table The table referred to in paragraph (1) is as follows: Army: Extension of 2019 Project Authorizations Country Installation or Location Project Original Authorized Amount Bulgaria Nevo Selo FOS EDI: Ammunition Holding Area $5,200,000 Romania Mihail Kogalniceanu FOS EDI: Explosives & Ammo Load/Unload Apron. $21,651,000 2107. Extension of authority to carry out certain fiscal year 2021 projects (a) Army construction and land acquisition (1) Extension Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2021 (division B of Public Law 116–283 (2) Table The table referred to in paragraph (1) is as follows: Army: Extension of 2021 Project Authorizations State Installation or Location Project Original Authorized Amount Arizona Yuma Proving Ground Ready Building $14,000,000 Georgia Fort Gillem Forensic Lab $71,000,000 Louisiana Fort Johnson Information Systems Facility $25,000,000 (b) Child development center, Georgia (1) Extension Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2021 (division B of Public Law 116–283 10 U.S.C. 2802 (2) Project described The project described in this paragraph is the following: Army: Extension of 2021 Project Authorization State Installation or Location Project Original Authorized Amount Georgia Fort Eisenhower Child Development Center $21,000,000 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 Installation or Location Amount California Marine Corps Air Ground Combat Center Twentynine Palms $42,100,000 Port Hueneme $110,000,000 Connecticut Naval Submarine Base New London $331,718,000 District of Columbia Marine Barracks Washington $131,800,000 Florida Naval Air Station Whiting Field $141,500,000 Guam Andersen Air Force Base $497,620,000 Joint Region Marianas $174,540,000 Naval Base Guam $946,500,000 Hawaii Marine Corps Base Kaneohe Bay $227,350,000 Maryland Fort Meade $186,480,000 Naval Air Station Patuxent River $141,700,000 North Carolina Marine Corps Air Station Cherry Point $270,150,000 Marine Corps Base Camp Lejeune $183,780,000 Pennsylvania Naval Surface Warfare Center Philadelphia $88,200,000 Virginia Dam Neck Annex $109,680,000 Joint Expeditionary Base Little Creek - Fort Story $35,000,000 Marine Corps Base Quantico $127,120,000 Naval Station Norfolk $158,095,000 Naval Weapons Station Yorktown $221,920,000 Washington Naval Base Kitsap $245,000,000 (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 Djibouti Camp Lemonnier $106,600,000 Italy Naval Air Station Sigonella $77,072,000 (c) Prototype project Using amounts appropriated pursuant to the authorization of appropriations in section 2203(a) and available for military construction projects as specified in the funding table in section 4601, the Secretary of the Navy may carry out a military construction project for the installation, and in the amount, set forth in the following table as a prototype project under the pilot program under section 4022(i) of title 10, United States Code, notwithstanding subchapters I and III of chapter 169 and chapters 221 and 223 of title 10, United States Code: Navy Prototype Project State Installation Amount Virginia Joint Expeditionary Base Little Creek - Fort Story $35,000,000 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 Country Installation or Location Units Amount Guam Joint Region Marianas Replace Andersen Housing Ph 8 $121,906,000 Mariana Islands Replace Andersen Housing (AF) PH7 $83,126,000 (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 $57,740,000. (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 $14,370,000. 2203. Authorization of appropriations, Navy (a) Authorization of appropriations Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2023, 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 2019 projects (a) Navy construction and land acquisition projects (1) Extension Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2019 (division B of Public Law 115–232 (2) Table The table referred to in paragraph (1) is as follows: Navy: Extension of 2019 Project Authorizations State/Country Installation or Location Project Original Authorized Amount Bahrain SW Asia Fleet Maintenance Facility & TOC $26,340,000 North Carolina Marine Corps Base Camp Lejeune 2nd Radio BN Complex, Phase 2 $51,300,000 South Carolina Marine Corps Air Station Beaufort Recycling/Hazardous Waste Facility $9,517,000 Washington Bangor Pier and Maintenance Facility $88,960,000 (b) Laurel bay fire station, South Carolina (1) Extension Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2019 (division B of Public Law 115–232 (2) Project described The project described in this paragraph is the following:: Navy: Extension of 2019 Project Authorization State Installation or Location Project Original Authorized Amount South Carolina Marine Corps Air Station Beaufort Laurel Bay Fire Station $10,750,000 (c) Overseas contingency operations (1) Extension Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2019 (division B of Public Law 115–232 (2) Table The table referred to in paragraph (1) is as follows: Navy: Extension of 2019 Project Authorizations Country Installation or Location Project Original Authorized Amount Greece Naval Support Activity Souda Bay EDI: Joint Mobility Processing Center $41,650,000 2205. Extension of authority to carry out certain fiscal year 2021 projects (a) Extension Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2021 (division B of Public Law 116–283 (b) Table The table referred to in subsection (a) is as follows: Navy: Extension of 2021 Project Authorizations State/Country Installation or Location Project Original Authorized Amount California Twentynine Palms Wastewater Treatment Plant $76,500,000 Guam Joint Region Marianas Joint Communication Upgrade $166,000,000 Maine NCTAMS LANT Detachment Cutler Perimeter Security $26,100,000 Nevada Fallon Range Training Complex, Phase I $29,040,000 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 Florida MacDill Air Force Base $131,000,000 Patrick Space Force Base $27,000,000 Tyndall Air Force Base $252,000,000 Georgia Robins Air Force Base $115,000,000 Guam Joint Region Marianas $411,000,000 Massachusetts Hanscom Air Force Base $37,000,000 Mississippi Columbus Air Force Base $39,500,000 South Dakota Ellsworth Air Force Base $235,000,000 Texas Joint Base San Antonio-Lackland $20,000,000 Utah Hill Air Force Base $82,000,000 Wyoming F.E. Warren Air Force Base $85,000,000 (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 Australia Royal Australian Air Force Base Darwin $26,000,000 Royal Australian Air Force Base Tindal $130,500,000 Norway Rygge Air Station $119,000,000 Philippines Cesar Basa Air Base $35,000,000 Spain Morón Air Base $26,000,000 United Kingdom Royal Air Force Fairford $47,000,000 Royal Air Force Lakenheath $78,000,000 (c) Prototype project Using amounts appropriated pursuant to the authorization of appropriations in section 2303(a) and available for military construction projects as specified in the funding table in section 4601, the Secretary of the Air Force may carry out a military construction project for the installation, and in the amount, set forth in the following table as a prototype project under the pilot program under section 4022(i) of title 10, United States Code, notwithstanding subchapters I and III of chapter 169 and chapters 221 and 223 of title 10, United States Code: Air Force Prototype Project State Installation Amount Massachusetts Hanscom Air Force Base $37,000,000 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 $229,282,000. (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 $7,815,000. 2303. Authorization of appropriations, Air Force (a) Authorization of appropriations Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2023, 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 2017 projects (a) Air Force construction and land acquisition projects (1) Extension Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2017 (division B of Public Law 114–328 Public Law 117–181 (2) Table The table referred to in paragraph (1) is as follows: Air Force: Extension of 2017 Project Authorizations Country Installation or Location Project Original Germany Ramstein Air Base 37 AS Squadron Operations/Aircraft Maintenance Unit $13,437,000 Spangdahlem Air Base Upgrade Hardened Aircraft Shelters for F/A–22 $2,700,000 Japan Yokota Air Force Base C–130J Corrosion Control Hangar $23,777,000 (b) Overseas contingency operations (1) Extension Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2017 (division B of Public Law 114–328 Public Law 117–181 (2) Table The table referred to in paragraph (1) is as follows: Air Force: Extension of 2017 Project Authorizations Country Installation or Location Project Original Germany Spangdahlem Air Base F/A–22 Low Observable/Composite Repair Facility $12,000,000 2305. Extension of authority to carry out certain fiscal year 2018 projects (a) Air Force construction and land acquisition projects (1) Extension Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2018 (division B of Public Law 115–91 Public Law 117–263 (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 Florida Tyndall Air Force Base Fire Station $17,000,000 (b) Overseas contingency operations (1) Extension Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2018 (division B of Public Law 115–91 Public Law 117–263 (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 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 2306. Extension of authority to carry out certain fiscal year 2019 projects (a) Air Force construction and land acquisition projects (1) Extension Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2019 (division B of Public Law 115–232 (2) Table The table referred to in paragraph (1) is as follows: Air Force: Extension of 2019 Project Authorizations State/Country Installation or Location Project Original Mariana Islands Tinian APR-Cargo Pad with Taxiway Extension. $46,000,000 Tinian APR-Maintenance Support Facility $4,700,000 Maryland Joint Base Andrews Child Development Center $13,000,000 Joint Base Andrews PAR Relocate Haz Cargo Pad and EOD Range. $37,000,000 New Mexico Holloman Air Force Base MQ–9 FTU Ops Facility $85,000,000 Kirtland Air Force Base Wyoming Gate Upgrade for Anti-Terrorism Compliance $7,000,000 United Kingdom Royal Air Force Lakenheath F–35 ADAL Conventional Munitions MX $9,204,000 Utah Hill Air Force Base Composite Aircraft Antenna Calibration Fac. $26,000,000 (b) Overseas contingency operations (1) Extension Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2019 (division B of Public Law 115–232 (2) Table The table referred to in paragraph (1) is as follows: Air Force: Extension of 2019 Project Authorizations Country Installation or Location Project Original Slovakia Malacky EDI: Regional Munitions Storage Area $59,000,000 United Kingdom RAF Fairford EDI: Construct DABS–FEV Storage $87,000,000 RAF Fairford EDI: Munitions Holding Area $19,000,000 2307. Extension of authority to carry out certain fiscal year 2021 projects (a) Air Force construction and land acquisition project (1) Extension Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2021 (division B of Public Law 116–283 (2) Table The table referred to in paragraph (1) is as follows: Air Force: Extension of 2021 Project Authorization State Installation or Location Project Original Virginia Joint Base Langley-Eustis Access Control Point Main Gate with Lang Acq. $19,500,00 (b) Overseas contingency operations (1) Extension Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2021 (division B of Public Law 116–283 (2) Table The table referred to in paragraph (1) is as follows: Air Force: Extension of 2021 Project Authorizations Country Installation or Location Project Original Germany Ramstein EDI: Rapid Airfield Damage Repair Storage $36,345,000 Spangdahlem Air Base EDI: Rapid Airfield Damage Repair Storage $25,824,000 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 $147,975,000 California Marine Corps Air Station Miramar $103,000,000 Naval Base Coronado $51,000,000 Naval Base San Diego $101,644,000 Delaware Dover Air Force Base $30,500,000 Maryland Fort Meade $885,000,000 Joint Base Andrews $38,300,000 Montana Great Falls International Airport $30,000,000 North Carolina Marine Corps Base Camp Lejeune $70,000,000 Utah Hill Air Force Base $14,200,000 Virginia Fort Belvoir $185,000,000 Joint Expeditionary Base Little Creek – Fort Story $61,000,000 Pentagon $30,600,000 Washington Joint Base Lewis – McChord $62,000,000 Manchester $71,000,000 Naval Undersea Warfare Center Keyport $37,000,000 (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 Cuba Guantanamo Bay Naval Station $257,000,000 Germany Baumholder $57,700,000 Ramstein Air Base $181,764,000 Honduras Soto Cano Air Base $41,300,000 Japan Kadena Air Base $100,300,000 Spain Naval Station Rota $80,000,000 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 ERCIP Projects: Inside the United States State Installation or Location Amount California Marine Corps Air Station Miramar $30,550,000 Naval Base San Diego $6,300,000 Vandenberg Space Force Base $57,000,000 Colorado Buckley Space Force Base $14,700,000 Georgia Naval Submarine Base Kings Bay $49,500,000 Kansas Forbes Field $5,850,000 Missouri Lake City Army Ammunition Plant $80,100,000 Nebraska Offutt Air Force Base $41,000,000 North Carolina Fort Liberty (Camp Mackall) $10,500,000 Oklahoma Fort Sill $76,650,000 Puerto Rico Fort Buchanan $56,000,000 Texas Fort Cavazos $18,250,000 Virginia Pentagon $2,250,000 Washington Joint Base Lewis – McChord $49,850,000 Wyoming F.E. Warren Air Force Base $25,000,000 (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 ERCIP Projects: Outside the United States Country Installation or Location Amount Korea K–16 Air Base $5,650,000 Kuwait Camp Buehring $18,850,000 (c) Improvement of conveyed utility systems In the case of a utility system that is conveyed under section 2688 of title 10, United States Code, and that only provides utility services to a military installation, notwithstanding subchapters I and III of chapter 169 and chapters 221 and 223 of title 10, United States Code, the Secretary of Defense or the Secretary of a military department may authorize a contract with the conveyee of the utility system to carry out the military construction projects set forth in the following table: Improvement of Conveyed Utility Systems State Installation or Location Project Nebraska Offutt Air Force Base Microgrid and Backup Power North Carolina Fort Liberty (Camp Mackall) Microgrid and Backup Power Texas Fort Cavazos Microgrid and Backup Power Washington Joint Base Lewis – McChord Power Generation and Microgrid 2403. Authorization of appropriations, Defense Agencies (a) Authorization of appropriations Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2023, 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 Public Law 117–263 (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 Punta Borinquen Ramey Unit School Replacement $61,071,000 2405. Extension and modification of authority to carry out certain fiscal year 2019 projects (a) Extension (1) In general Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2019 (division B of Public Law 115–232 (2) Table The table referred to in paragraph (1) is as follows: Defense Agencies: Extension of 2019 Project Authorizations Country Installation or Location Project Original Authorized Amount Germany Baumholder SOF Joint Parachute Rigging Facility $11,504,000 Japan Camp McTureous Betchel Elementary School $94,851,000 Iwakuni Fuel Pier $33,200,000 (b) Modification of authority to carry out fiscal year 2019 project in Baumholder, Germany (1) Modification of project authority In the case of the authorization contained in the table in section 2401(b) of the Military Construction Authorization Act for Fiscal Year 2019 (division B of Public Law 115–232 (2) Modification of project amounts (A) Division B table The authorization table in section 2401(b) of the Military Construction Defense Authorization Act for Fiscal Year 2019 (division B of Public Law 115–232 $11,504,000 $23,000,000 (B) Division D table The funding table in section 4601 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 $11,504 $23,000 2406. Extension of authority to carry out certain fiscal year 2021 projects (a) Defense Agencies construction and land acquisition project (1) Extension Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2021 (division B of Public Law 116–283 (2) Table The table referred to in paragraph (1) is as follows: Defense Agencies: Extension of 2021 Project Authorization Country Installation or Location Project Original Authorized Amount Japan Def Fuel Support Point Tsurumi Fuel Wharf $49,500,000 (b) Energy Resilience and Conservation Investment Program projects (1) Extension Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2021 (division B of Public Law 116–283 (2) Table The table referred to in subsection (a) is as follows: ERCIP Projects: Extension of 2021 Project Authorizations State/Country Installation or Location Project Original Authorized Amount Arkansas Ebbing Air National Guard Base PV Arrays and Battery Storage $2,600,000 California Marine Corps Air Ground Combat Center Twentynine Palms Install 10 Mw Battery Energy Storage for Various Buildings $11,646,000 Military Ocean Terminal Concord Military Ocean Terminal Concord Microgrid $29,000,000 Naval Support Activity Monterey Cogeneration Plant at B236 $10,540,000 Italy Naval Support Activity Naples Smart Grid $3,490,000 Nevada Creech Air Force Base Central Standby Generators $32,000,000 Virginia Naval Medical Center Portsmouth Retro Air Handling Units From Constant Volume; Reheat to Variable Air Volume $611,000 2407. Additional authority to carry out certain fiscal year 2022 projects In the case of a utility system that is conveyed under section 2688 of title 10, United States Code, and that only provides utility services to a military installation, notwithstanding subchapters I and III of chapter 169 and chapters 221 and 223 of title 10, United States Code, the Secretary of Defense or the Secretary of a military department may authorize a contract with the conveyee of the utility system to carry out the military construction projects set forth in the following table: Improvement of Conveyed Utility Systems State Installation or Location Project Alabama Fort Novosel Construct a 10 MW RICE Generator Plant and Micro-Grid Controls Georgia Fort Moore Construct 4.8MW Generation and Microgrid Fort Stewart Construct a 10 MW Generation Plant, with Microgrid Controls New York Fort Drum Well Field Expansion Project North Carolina Fort Liberty Construct 10 MW Microgrid Utilizing Existing and New Generators Fort Liberty Fort Liberty Emergency Water System 2408. Additional authority to carry out certain fiscal year 2023 projects In the case of a utility system that is conveyed under section 2688 of title 10, United States Code, and that only provides utility services to a military installation, notwithstanding subchapters I and III of chapter 169 and chapters 221 and 223 of title 10, United States Code, the Secretary of Defense or the Secretary of a military department may authorize a contract with the conveyee of the utility system to carry out the military construction projects set forth in the following table: Improvement of Conveyed Utility Systems State Installation or Location Project Georgia Fort Stewart – Hunter Army Airfield Power Generation and Microgrid Kansas Fort Riley Power Generation and Microgrid Texas Fort Cavazos Power Generation and Microgrid 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, 2023, 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 Component Installation or Location Project Amount Army Camp Bonifas Vehicle Maintenance Shop $7,700,000 Army Camp Carroll Humidity-Controlled Warehouse $189,000,000 Army Camp Humphreys Airfield Services Storage Warehouse $7,100,000 Army Camp Walker Consolidated Fire and Military Police Station $48,000,000 Army Pusan Warehouse Facility $40,000,000 Navy Chinhae Electrical Switchgear Building $6,000,000 Air Force Osan Air Base Consolidated Operations Group and Maintenance Group Headquarters $46,000,000 Air Force Osan Air Base Flight Line Dining Facility $6,800,000 Air Force Osan Air Base Reconnaissance Squadron Operations and Avionics Facility $30,000,000 Air Force Osan Air Base Repair Aircraft Maintenance Hangar B1732 $8,000,000 Air Force Osan Air Base Upgrade Electrical Distribution East, Phase 2 $46,000,000 Air Force Osan Air Base Water Supply Treatment Facility $22,000,000 2512. Republic of Poland funded construction projects Pursuant to agreement with the Republic of Poland for required in-kind contributions, the Secretary of Defense may accept military construction projects for the installations or locations in the Republic of Poland, and in the amounts, set forth in the following table: Republic of Poland Funded Construction Projects Country Installation or Location Project Amount Army Powidz Barracks and Dining Facility $93,000,000 Army Powidz Rotary Wing Aircraft Apron $35,000,000 Army Swietoszow Bulk Fuel Storage $35,000,000 Army Swietoszow Rail Extension and Railhead $7,300,000 Air Force Wroclaw Aerial Port of Debarkation Ramp $59,000,000 Air Force Wroclaw Taxiways to Aerial Port of Debarkation Ramp $39,000,000 Defense-wide Lubliniec Special Operations Forces Company Operations Facility $16,200,000 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 Location Amount Arizona Surprise Readiness Center $15,000,000 Florida Camp Blanding $11,000,000 Idaho Jerome County Regional Site $17,000,000 Illinois North Riverside Armory $24,000,000 Kentucky Burlington $16,400,000 Mississippi Southaven $22,000,000 Missouri Belle Fontaine $28,000,000 New Hampshire Littleton $23,000,000 New Mexico Rio Rancho Training Site $11,000,000 New York Lexington Avenue Armory $90,000,000 Ohio Camp Perry Joint Training Center $19,200,000 Oregon Washington County Readiness Center $26,000,000 Pennsylvania Hermitage Readiness Center $13,600,000 Rhode Island North Kingstown $30,000,000 South Carolina Aiken County Readiness Center $20,000,000 McCrady Training Center $7,900,000 Virginia Sandston RC & FMS 1 $20,000,000 Wisconsin Viroqua $18,200,000 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 Location Amount Alabama Birmingham $57,000,000 Arizona Queen Creek $12,000,000 California Fort Hunter Liggett $40,000,000 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 Michigan Battle Creek $24,549,000 Virginia Marine Forces Reserve Dam Neck Virginia Beach $12,400,000 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 Montgomery Regional Airport $7,000,000 Alaska Joint Base Elmendorf – Richardson $7,000,000 Arizona Tucson International Airport $11,600,000 Arkansas Ebbing Air National Guard Base $76,000,000 Colorado Buckley Space Force Base $12,000,000 Indiana Fort Wayne International Airport $8,900,000 Oregon Portland International Airport $71,500,000 Pennsylvania Harrisburg International Airport $8,000,000 Wisconsin Truax Field $5,200,000 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 $8,500,000 California March Air Reserve Base $226,500,000 Guam Joint Region Marianas $27,000,000 Louisiana Barksdale Air Force Base $7,000,000 Texas Naval Air Station Joint Reserve Base Fort Worth $16,000,000 2606. Authorization of appropriations, National Guard and Reserve Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2023, 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 2607. Extension of authority to carry out fiscal year 2018 project at Hulman Regional Airport, Indiana (a) Extension Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2018 (division B of Public Law 115–91 Public Law 117–263 (b) Table The table referred to in subsection (a) is as follows: National Guard and Reserve: Extension of 2018 Project Authorization State Installation or Location Project Original Authorized Amount Indiana Hulman Regional Airport Construct Small Arms Range $8,000,000 2608. Extension of authority to carry out fiscal year 2019 project at Francis S. Gabreski Airport, New York (a) Extension Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2019 (division B of Public Law 115–232 (b) Table The table referred to in subsection (a) is as follows: National Guard and Reserve: Extension of 2019 Project Authorization State Installation or Location Project Original Authorized Amount New York Francis S. Gabreski Airport Security Forces/Comm. Training Facility $20,000,000 2609. Extension of authority to carry out certain fiscal year 2021 projects (a) Extension Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2021 (division B of Public Law 116–283 (b) Table The table referred to in subsection (a) is as follows: National Guard and Reserve: Extension of 2021 Project Authorizations State/Country Installation or Location Project Original Authorized Amount Arkansas Fort Chaffee National Guard Readiness Center $15,000,000 California Bakersfield National Guard Vehicle Maintenance Shop $9,300,000 Colorado Peterson Space Force Base National Guard Readiness Center $15,000,000 Guam Joint Region Marianas Space Control Facility #5 $20,000,000 Ohio Columbus National Guard Readiness Center $15,000,000 Massachusetts Devens Reserve Forces Training Area Automated Multipurpose Machine Gun Range $8,700,000 North Carolina Asheville Army Reserve Center/Land $24,000,000 Puerto Rico Fort Allen National Guard Readiness Center $37,000,000 South Carolina Joint Base Charleston National Guard Readiness Center $15,000,000 Texas Fort Worth Aircraft Maintenance Hangar Addition/Alt. $6,000,000 Joint Base San Antonio F–16 Mission Training Center $10,800,000 Virgin Islands St. Croix Army Aviation Support Facility (AASF) $28,000,000 CST Ready Building $11,400,000 2610. Modification of authority to carry out fiscal year 2022 project at Nickell Memorial Armory, Kansas (a) Transfer authority From amounts appropriated for Military Construction, Army National Guard Public Law 117–81 Military Construction, Air National Guard (b) Merger of amounts transferred Any amount transferred under subsection (a) shall be merged with and available for the same purposes, and for the same time period, as the Military Construction, Air National Guard (c) Authority Using amounts transferred pursuant to subsection (a), the Secretary of the Air Force may carry out study, planning, design, and architect and engineer services activities for a sensitive compartmented information facility project at Nickell Memorial Armory, Kansas. 2611. Modification of authority to carry out fiscal year 2023 project at Camp Pendleton, California In the case of the authorization contained in the table in section 2602 of the Military Construction Authorization Act for Fiscal Year 2023 (division B of Public Law 117–263 Public Law 117–263 2612. Authority to conduct restoration and modernization projects at the First City Troop Readiness Center in Philadelphia, Pennsylvania The Chief of the National Guard Bureau may expend amounts available to the Army National Guard for facilities sustainment, restoration, and modernization to conduct restoration and modernization projects at the First City Troop Readiness Center in Philadelphia, Pennsylvania, if— (1) the Commonwealth of Pennsylvania has a sufficient remaining lease term for such center to realize the full lifecycle benefit of such a project; (2) the Federal contribution for such a project does not exceed 50 percent of the cost of the project (inclusive of all project costs); and (3) the Chief of the National Guard Bureau notifies the Committees on Armed Services of the Senate and the House of Representatives not less than 15 days before awarding a contract for such a project, which shall include an explanation of the sufficiency of remaining lease term to justify the investment. 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, 2023, 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 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. 2703. Closure and disposal of the Pueblo Chemical Depot, Pueblo County, Colorado (a) In general The Secretary of the Army shall close the Pueblo Chemical Depot in Pueblo County, Colorado (in this section referred to as the Depot Chemical Weapons Convention (b) Procedures The Secretary of the Army shall carry out the closure and subsequent related property management and disposal of the Depot, including the land, buildings, structures, infrastructure, and associated equipment, installed equipment, material, and personal property that comprise the Chemical Agent–Destruction Pilot Plant, in accordance with the procedures and authorities for the closure, management, and disposal of property under the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101–510 10 U.S.C. 2687 (c) Office of Local Defense Community Cooperation activities The Office of Local Defense Community Cooperation of the Department of Defense may make grants and supplement other Federal funds pursuant to section 2391 of title 10, United States Code, to support closure and reuse activities of the Depot. (d) Treatment of existing permits Nothing in this section shall be construed to prevent the removal or demolition by the Program Executive Office, Assembled Chemical Weapons Alternatives of the Department of the Army of existing buildings, structures, infrastructure, and associated equipment, installed equipment, material, and personal property of the Chemical Agent–Destruction Pilot Plant at the Depot in accordance with Hazardous Waste Permit Number CO–20–09–02–01 under the Solid Waste Disposal Act ( 42 U.S.C. 6901 et seq. Resource Conservation and Recovery Act of 1976 (e) Homeless use Given the nature of activities undertaken at the Chemical Agent–Destruction Pilot Plant at the Depot, such land, buildings, structures, infrastructure, and associated equipment, installed equipment, material, and personal property comprising the Chemical Agent–Destruction Pilot Plant is deemed unsuitable for homeless use and, in carrying out any closure, management, or disposal of property under this section, need not be screened for homeless use purposes pursuant to section 2905(b)(7) of the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101–510 10 U.S.C. 2687 XXVIII Military construction general provisions A Military Construction Program 2801. Authority for Indo-Pacific posture military construction projects (a) Authority The Commander of the United States Indo-Pacific Command (in this section referred to as the Commander (b) Scope of project authority A project carried out under this section may include any planning, designing, construction, development, conversion, extension, renovation, or repair, whether to satisfy temporary or permanent requirements, and, to the extent necessary, any acquisition of land. (c) Purposes A project carried out under this section shall be for the purpose of— (1) supporting the rotational deployments of the Armed Forces; (2) enhancing facility preparedness and military installation resilience (as defined in section 101(e)(8) of title 10, United States Code) in support of potential, planned, or anticipated national defense activities; or (3) providing for prepositioning and storage of equipment and supplies. (d) Location of projects A project carried out under this section— (1) may be located— (A) at a cooperative security location, forward operating site, or contingency location for use by the Armed Forces; or (B) at a location used by the Armed Forces that is owned or operated by Guam, American Samoa, or the Commonwealth of the Northern Mariana Islands; and (2) may be carried out without regard to whether the real property or facilities at the location are under the jurisdiction of the Department of Defense if the Commander determines that the United States has a sufficient interest in the property or facility to support the project. (e) Maximum amount The cost of any project carried out under this section may not exceed $15,000,000. (f) Available amounts In carrying out a project under this section, the Commander, or the Secretary of a military department when authorized by the Commander, may use amounts authorized for— (1) the INDOPACOM Military Construction Pilot Program fund; and (2) operation and maintenance that are made available to the Commander, not to exceed 200 percent of the amount specified in section 2805(c) of title 10, United States Code. (g) Notice to Congress (1) In general If the Commander decides to carry out a project under this section with a cost exceeding $2,000,000, the Commander shall notify the congressional defense committees of that determination in an electronic medium pursuant to section 480 of title 10, United States Code. (2) Relevant details Notice under paragraph (1) with respect to a project shall include relevant details of the project, including the estimated cost, and may include a classified annex. (3) Timing A project under this section covered by paragraph (1) may not be carried out until the end of the 14-day period beginning on the date the notification under such paragraph is received by the congressional defense committees. (h) Annual report Not later than December 31 of each year, the Commander shall submit to the congressional defense committees a report containing a list of projects funded, lessons learned, and, subject to the concurrence of the President, recommended adjustments to the authority under this section for the most recently ended fiscal year. (i) Project execution (1) Project supervision Subsections (a) and (b) of section 2851 of title 10, United States Code, shall not apply to projects carried out under this section. (2) Application of chapter 169 When exercising the authority under subsection (a), the Commander shall, for purposes of chapter 169 (j) Sunset The authority to carry out a project under this section expires on March 31, 2029. 2802. Ordering authority for maintenance, repair, and construction of facilities of Department of Defense (a) In general Subchapter I of chapter 169 2817. Ordering authority (a) In general The head of a department or organization within the Department of Defense may place an order, on a reimbursable basis, with any other such department or organization for a project for the maintenance and repair of a facility of the Department of Defense or for a minor military construction project. (b) Obligations An order placed by the head of a department or organization under subsection (a) is deemed to be an obligation of such department or organization in the same manner as a similar order or contract placed with a private contractor. (c) Contingency expenses An order placed under subsection (a) for a project may include an amount for contingency expenses that shall not exceed 10 percent of the cost of the project. (d) Availability of amounts Amounts appropriated or otherwise made available to a department or organization of the Department of Defense shall be available to pay an obligation of such department or organization under this section in the same manner and to the same extent as those amounts are available to pay an obligation to a private contractor. . (b) Clerical amendment The table of sections at the beginning of such subchapter is amended by adding at the end the following new item: 2817. Ordering authority. . 2803. Application of area construction cost indices outside the United States Section 2805(f) of title 10, United States Code, is amended— (1) in paragraph (1), by striking inside the United States (2) by striking paragraph (2); and (3) by redesignating paragraph (3) as paragraph (2). 2804. Authorization of cost-plus incentive-fee contracting for military construction projects to mitigate risk to the Sentinel Program schedule and cost (a) In general Notwithstanding section 3323(a) of title 10, United States Code, the Secretary of Defense may authorize the use of contracts using cost-plus incentive-fee contracting for military construction projects associated with launch facilities, launch centers, and related infrastructure of the Sentinel Program of the Department of Defense for not more than one low-rate initial production lot at each of the following locations: (1) F.E. Warren Air Force Base. (2) Malmstrom Air Force Base. (3) Minot Air Force Base. (b) Briefing Not later than 90 days after the date of the enactment of this Act, and not less frequently than quarterly thereafter, the Secretary of Defense shall brief the congressional defense committees on the following: (1) Uncertainties with site conditions at locations specified under subsection (a). (2) The plan of the Department of Defense to transition to firm, fixed price contracts for military construction following any military construction projects carried out under subsection (a). (3) The acquisition process for military construction projects carried out under subsection (a). (4) Updates on the execution of military construction projects carried out under subsection (a). 2805. Extensions to the Military Lands Withdrawal Act relating to Barry M. Goldwater range (a) Renewal of current withdrawal and reservation Section 3031(d)(1) of the Military Lands Withdrawal Act of 1999 ( Public Law 106–65 25 years after the date of the enactment of this Act on October 5, 2049 (b) Extension Section 3031(e) of the Military Lands Withdrawal Act of 1999 ( Public Law 106–65 (1) in the subsection heading, by striking Initial (2) in paragraph (1), by striking initial 2806. Authority to lease land parcel for hospital and medical campus, Barrigada Transmitter Site, Guam (a) No-cost lease authorized The Secretary of the Navy (in this section referred to as the Secretary (b) Description of property The exact acreage and legal description of the property to be leased under subsection (a) shall be determined by a survey satisfactory to the Secretary. (c) Appraisal not required The lease under subsection (a) shall not require an appraisal. (d) Conditions of lease (1) Subject to certain existing encumbrances A lease of property under subsection (a) shall be subject to all existing easements, restrictions, and covenants of record, including restrictive covenants, that the Secretary determines are necessary to ensure that— (A) the use of the property is compatible with continued military activities by the Armed Forces of the United States in Guam; (B) the environmental condition of the property is compatible with the use of the property as a public hospital and medical campus; (C) access is available to the United States to conduct environmental remediation or monitoring as required under section 120(h) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9620(h) (D) the property is used only for a public hospital and medical campus, which may include ancillary facilities to support the hospital and campus, or as set forth in subsection (e); and (E) the public hospital and medical campus to be constructed on the property shall— (i) include— (I) an MV–22-capable helipad; (II) recompression chamber capability; and (III) perimeter fencing; and (ii) allow for the relocation of weather radar equipment owned by the United States at the hospital or campus. (2) Funding The Secretary is not required to fund the construction or operation of a hospital or medical campus on the property leased under subsection (a). (3) Payment of administrative costs All direct and indirect administrative costs, including for surveys, title work, document drafting, closing, and labor, incurred by the Secretary related to any lease of the property under subsection (a) shall be borne by the Government of Guam. (e) Additional terms The Secretary may require such additional terms and conditions in connection with the lease under subsection (a) as the Secretary considers appropriate to protect the interests of the United States. (f) Not to be considered excess, transferred, or disposed of The property subject to any lease under subsection (a) may not be declared to be excess real property to the needs of the Navy or transferred or otherwise disposed of by the Navy or any Federal agency. 2807. Revision to access and management of Air Force memorial Section 2863(e) of the Military Construction Authorization Act for Fiscal Year 2002 (division B of Public Law 107–107 the Foundation non-Federal Government entities, the Secretary of the Air Force, or both 2808. Development and operation of the Marine Corps Heritage Center and the National Museum of the Marine Corps (a) In general Chapter 861 section 8617 8618. Marine Corps Heritage Center and the National Museum of the Marine Corps (a) Joint venture for development and continued maintenance and operation The Secretary of the Navy (in this section referred to as the Secretary Foundation Facility (b) Design and construction For each phase of development of the Facility, the Secretary may— (1) permit the Foundation to contract for the design, construction, or both of such phase of development; or (2) accept funds from the Foundation for the design, construction, or both of such phase of development. (c) Acceptance authority Upon completion of construction of any phase of development of the Facility by the Foundation to the satisfaction of the Secretary, and the satisfaction of any financial obligations incident thereto by the Foundation, the Facility shall become the real property of the Department of the Navy with all right, title, and interest in and to the Facility belonging to the United States. (d) Maintenance, operation, and support (1) In general The Secretary may, for the purpose of maintenance and operation of the Facility— (A) enter into contracts or cooperative agreements, on a sole-source basis, with the Foundation for the procurement of property or services for the direct benefit or use of the Facility; and (B) notwithstanding the requirements of subsection (h) of section 2667 (2) Consideration for lease In making a determination of fair market value under section 2667(b)(4) section 2667(c) (3) Use for revenue-generating activities (A) In general Subject to subparagraph (B), the Secretary may authorize the Foundation to use real or personal property within the Facility to conduct revenue-generating activities in addition to those authorized under paragraph (1)(B), as the Secretary considers appropriate considering the work of the Foundation and the needs of the Facility. (B) Limitation The Secretary may only authorize the use of the Facility for a revenue-generating activity if the Secretary determines the activity will not interfere with activities and personnel of the armed forces or the activities of the Facility. (4) Retention of lease payments The Secretary shall retain lease payments received under paragraph (1)(B), other than in-kind consideration authorized under paragraph (2) or section 2667(c) (e) Use of certain gifts (1) In general Under regulations prescribed by the Secretary, the Commandant of the Marine Corps may, without regard to section 2601 (2) Expenses The Secretary may pay or authorize the payment of any reasonable and necessary expense in connection with the conveyance or transfer of a gift, devise, or bequest under paragraph (1). (f) Additional terms and conditions The Secretary may require such additional terms and conditions in connection with the joint venture authorized under subsection (a) as the Secretary considers appropriate to protect the interests of the United States. . (b) Clerical amendment The table of sections at the beginning of chapter 861 8618. Marine Corps Heritage Center and the National Museum of the Marine Corps. . (c) Conforming repeal Section 2884 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 ( Public Law 106–398 2809. Authority for acquisition of real property interest in park land owned by the Commonwealth of Virginia (a) Authority The Secretary of the Navy (in this section referred to as the Secretary (b) Terms and conditions The acquisition of property under subsection (a) shall be subject to the following terms and conditions: (1) The Secretary shall pay the Commonwealth of Virginia fair market value for the property to be acquired, as determined by the Secretary. (2) Such other terms and conditions as considered appropriate by the Secretary. (c) Description of property The legal description of the property to be acquired under subsection (a) shall be determined by a survey that is satisfactory to the Secretary and the Commonwealth of Virginia. (d) Applicability of the Land and Water Conservation Fund Act The provisions of chapter 2003 (e) Reimbursement The Secretary shall reimburse the Commonwealth of Virginia for the reasonable and documented administrative costs incurred by the Commonwealth of Virginia to execute the acquisition by the Secretary of property under subsection (a). (f) Termination of real property interest The real property interest acquired by the Secretary under subsection (a) shall terminate, and be released without cost to the Commonwealth of Virginia, when the Secretary determines such real property interest is no longer required for national security purposes. 2810. Movement or consolidation of Joint Spectrum Center to Fort Meade, Maryland, or another appropriate location (a) Leaving current location Not later than September 30, 2026, the Secretary of Defense shall completely vacate the offices of the Joint Spectrum Center of the Department of Defense in Annapolis, Maryland. (b) Movement or consolidation The Secretary shall take appropriate action to move, consolidate, or both, the offices of the Joint Spectrum Center to the headquarters building of the Defense Information Systems Agency at Fort Meade, Maryland, or another appropriate location chosen by the Secretary for national security purposes to ensure the physical and cybersecurity protection of personnel and missions of the Department of Defense. (c) Status update Not later than January 31 and July 31 of each year until the Secretary has completed the requirements under subsections (a) and (b), the Commander of the Defense Information Systems Agency shall provide an in-person and written update on the status of the completion of those requirements to the Committees on Armed Services of the Senate and the House of Representatives and the congressional delegation of Maryland. (d) Termination of existing lease Upon vacating the offices of the Joint Spectrum Center in Annapolis, Maryland, pursuant to subsection (a), all right, title, and interest of the United States in and to the existing lease for the Joint Spectrum Center in such location shall be terminated. (e) Repeal of obsolete authority Section 2887 of the Military Construction Authorization Act for Fiscal Year 2008 (division B of Public Law 110–181 2811. Temporary expansion of authority for use of one-step turn-key selection procedures for repair projects During the five-year period beginning on the date of the enactment of this Act, section 2862(a)(2) of title 10, United States Code, shall be applied and administered by substituting $12,000,000 $4,000,000 2812. Modification of temporary increase of amounts in connection with authority to carry out unspecified minor military construction (a) In general Section 2801 of the Military Construction Authorization Act for Fiscal Year 2023 (division B of Public Law 117–263 (1) by redesignating paragraphs (2) through (4) as paragraphs (3) through (5), respectively; and (2) by inserting after paragraph (1) the following new paragraph (2): (2) in subsection (b)(2), by substituting $4,000,000 $2,000,000 . (b) Effective date The amendments made by subsection (a) shall apply as if included in the enactment of the Military Construction Authorization Act for Fiscal Year 2023 (division B of Public Law 117–263 2813. Pilot program on replacement of substandard enlisted barracks (a) In general The Secretary concerned may, in accordance with this section, carry out a pilot program under which the Secretary concerned may replace an existing enlisted barracks with a new enlisted barracks not otherwise authorized by law. (b) Facility requirements A new facility for an enlisted barracks replaced under subsection (a)— (1) may not have a greater personnel capacity than the facility being replaced but may be physically larger than the facility being replaced; (2) must be replacing a facility that is in a substandard condition, as determined by the Secretary concerned, and which determination may not be delegated, in advance of project approval; (3) must be designed and utilized for the same purpose as the facility being replaced; (4) must be located on the same installation as the facility being replaced; and (5) must be designed to meet, at a minimum, current standards for construction, utilization, and force protection. (c) Source of funds The Secretary concerned, in using the authority under this section, may spend amounts available to the Secretary concerned for operation and maintenance or unspecified military construction. (d) Congressional notification When a decision is made to carry out a replacement project under this section with an estimated cost in excess of $10,000,000, the Secretary concerned shall submit, in an electronic medium pursuant to section 480 of title 10, United States Code, to the appropriate committees of Congress a report containing— (1) the justification for the replacement project and the current estimate of the cost of the project; and (2) a description of the elements of military construction, including the elements specified in section 2802(b) (e) Definitions In this section: (1) Appropriate committees of Congress; facility; Secretary concerned The terms appropriate committees of Congress facility Secretary concerned (2) Enlisted barracks The term enlisted barracks (3) Personnel capacity The term personnel capacity (4) Substandard condition The term substandard condition (f) Sunset The authority under this section shall terminate on the date that is five years after the date of the enactment of this Act. 2814. Expansion of Defense Community Infrastructure Pilot Program to include installations of the Coast Guard Section 2391 of title 10, United States Code, is amended— (1) in subsection (d)— (A) in paragraph (1)(B), in the matter preceding clause (i), by inserting , in consultation with the Commandant of the Coast Guard, The Secretary (B) by adding at the end the following new paragraph: (5) In considering grants, agreements, or other funding under paragraph (1)(A) with respect to community infrastructure supportive of a military installation of the Coast Guard, the Secretary of Defense shall consult with the Commandant of the Coast Guard to assess the selection and prioritization of the project concerned. ; and (2) in subsection (e)(1), by adding at the end the following new sentence: For purposes of subsection (d), the term military installation 2815. Modification of pilot program on increased use of sustainable building materials in military construction Section 2861 of the National Defense Authorization Act for Fiscal Year 2022 ( Public Law 117–81 10 U.S.C. 2802 (1) in subsection (b)(1), by striking the period at the end and inserting “to include, under the pilot program as a whole, at a minimum— (A) one project for mass timber; and (B) one project for low carbon concrete. ; (2) in subsection (d), by striking September 30, 2024 September 30, 2025 (3) by redesignating subsections (e) and (f) as subsections (f) and (g), respectively; (4) by inserting after subsection (d) the following new subsection (e): (e) Commencement of construction Each military construction project carried out under the pilot program must commence construction by not later than January 1, 2025. ; and (5) in subsection (f)(1), as redesignated by paragraph (3), by striking December 31, 2024 December 31, 2025 B Military Housing I Military Unaccompanied Housing 2821. Uniform condition index for military unaccompanied housing (a) In general Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall prescribe regulations requiring the Assistant Secretary of Defense for Energy, Installations, and Environment to complete and issue a uniform facility condition index for military unaccompanied housing, including such housing that is existing as of the date of the enactment of this Act and any such housing constructed or used on or after such date of enactment. (b) Completion of index The uniform facility condition index required under subsection (a) shall be completed and issued by not later than October 1, 2024. (c) Military unaccompanied housing defined In this section, the term military unaccompanied housing (1) Military housing intended to be occupied by members of the Armed Forces serving a tour of duty unaccompanied by dependents. (2) Transient housing intended to be occupied by members of the Armed Forces on temporary duty. 2822. Certification of habitability of military unaccompanied housing (a) In general The Secretary of Defense shall include with the submission to Congress by the President of the annual budget of the Department of Defense under section 1105(a) of title 31, United States Code, a certification from the Secretary of each military department to the congressional defense committees that the cost for all needed repairs and improvements for each occupied military unaccompanied housing facility under the jurisdiction of such Secretary does not exceed 20 percent of the replacement cost of such facility, as mandated by Department of Defense Manual 4165.63, DoD Housing Management (b) Military unaccompanied housing defined In this section, the term military unaccompanied housing (1) Military housing intended to be occupied by members of the Armed Forces serving a tour of duty unaccompanied by dependents. (2) Transient housing intended to be occupied by members of the Armed Forces on temporary duty. 2823. Maintenance work order management process for military unaccompanied housing (a) In general Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall prescribe regulations to establish for each military department a process associated with maintenance work order management for military unaccompanied housing under the jurisdiction of such military department, including such housing that is existing as of the date of the enactment of this Act and any such housing constructed or used on or after such date of enactment. (b) Use of process The processes required under subsection (a) shall clearly define requirements for effective and timely maintenance work order management, including requirements with respect to— (1) quality assurance for maintenance completed; (2) communication of maintenance progress and resolution with management of military unaccompanied housing, barracks managers, and residents; and (3) standardized performance metrics, such as the timeliness of completion of work orders. (c) Administration The Secretary of each military department shall administer the work order process required under subsection (a) for such military department and shall issue or update relevant guidance as necessary. (d) Military unaccompanied housing defined In this section, the term military unaccompanied housing (1) Military housing intended to be occupied by members of the Armed Forces serving a tour of duty unaccompanied by dependents. (2) Transient housing intended to be occupied by members of the Armed Forces on temporary duty. 2824. Expansion of uniform code of basic standards for military housing to include military unaccompanied housing (a) In general Section 2818 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 10 U.S.C. 2871 (1) in the section heading, by striking family (2) in subsection (a)— (A) by striking family (B) by inserting , including military unaccompanied housing (as defined in section 2871 of title 10, United States Code) (b) Implementation (1) In general In implementing the amendments made by subsection (a), the Secretary of Defense shall ensure that the standards required under section 2818 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 10 U.S.C. 2871 (2) Military unaccompanied housing defined In this subsection, the term military unaccompanied housing (A) Military housing intended to be occupied by members of the Armed Forces serving a tour of duty unaccompanied by dependents. (B) Transient housing intended to be occupied by members of the Armed Forces on temporary duty. 2825. Oversight of military unaccompanied housing (a) Civilian oversight (1) In general Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall prescribe regulations to require that the Secretary of each military department establish a civilian employee of the Department of Defense, or of the military department concerned, at the housing office for each installation of the Department under the jurisdiction of such Secretary to oversee military unaccompanied housing at that installation. (2) Supervisory chain For any installation of the Department for which the unaccompanied housing manager is a member of the Armed Forces, the civilian employee established under paragraph (1) at such installation shall report to a civilian employee at the housing office for such installation. (b) Barracks or dormitory manager requirements (1) Limitation on role by members of the Armed Forces No enlisted member of the Armed Forces or commissioned officer may be designated as a barracks manager or supervisor in charge of overseeing, managing, accepting, or compiling maintenance records for any military unaccompanied housing as a collateral duty. (2) Position designation The function of a barracks manager or supervisor described in paragraph (1) for an installation of the Department shall be completed by a civilian employee or contractor of the Department who shall report to the government housing office of the installation. (c) Military unaccompanied housing defined In this section, the term military unaccompanied housing (1) Military housing intended to be occupied by members of the Armed Forces serving a tour of duty unaccompanied by dependents. (2) Transient housing intended to be occupied by members of the Armed Forces on temporary duty. 2826. Elimination of flexibilities for adequacy or construction standards for military unaccompanied housing (a) In general Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall modify all directives, instructions, manuals, regulations, policies, and other guidance and issuances of the Department of Defense to eliminate the grant of any flexibilities to— (1) minimum adequacy standards for configuration, privacy, condition, health, and safety for existing permanent party military unaccompanied housing to be considered suitable for assignment or occupancy; and (2) standards for the construction of new military unaccompanied housing. (b) Matters included The requirement under subsection (a) shall include modifications that remove the flexibility provided to the military departments with respect to standards for adequacy for assignment and new construction standards for military unaccompanied housing, including modification of the Housing Management Manual of the Department of Defense and Department of Defense Manual 4165.63, DoD Housing Management (c) Military unaccompanied housing defined In this section, the term military unaccompanied housing (1) Military housing intended to be occupied by members of the Armed Forces serving a tour of duty unaccompanied by dependents. (2) Transient housing intended to be occupied by members of the Armed Forces on temporary duty. 2827. Design standards for military unaccompanied housing (a) Uniform standards for floor space, number of members allowed, and habitability (1) In general Section 2856 of title 10, United States Code, is amended— (A) in the section heading, by striking local comparability of floor areas standards (B) by striking In (a) Local comparability in floor areas (C) in subsection (a), as designated by subparagraph (B), by inserting , except for purposes of meeting minimum area requirements under subsection (b)(1)(A), exceed (D) by adding at the end the following new subsection: (b) Floor space, number of members allowed, and habitability (1) In general In the design, assignment, and use of military unaccompanied housing, the Secretary of Defense shall establish uniform standards that— (A) provide a minimum area of floor space, not including bathrooms or closets, per individual occupying a unit of military unaccompanied housing; (B) ensure that not more than two individuals may occupy such a unit; and (C) provide definitions and measures for habitability, specifying criteria of design and materiel quality to be applied and levels of maintenance to be required. (2) Waiver Standards established under paragraph (1) may be waived for specific units of military unaccompanied housing by the Secretary concerned (who may not delegate such waiver) for a period not longer than one year and may not be renewed. . (2) Clerical amendment The table of sections at the beginning of subchapter III of chapter 169 2856. Military unaccompanied housing: standards. . (b) Completion and issuance of uniform standards Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall— (1) (A) ensure that the uniform standards required under section 2856(b)(1) of title 10, United States Code, as added by subsection (a)(1)(D), are completed and issued; and (B) submit to the congressional defense committees a copy of those standards; or (2) submit to the congressional defense committees a report, under the Secretary’s signature— (A) explaining in detail why those standards are not completed and issued; (B) indicating when those standards are expected to be completed and issued; and (C) specifying the names of the personnel responsible for the failure of the Department of Defense to comply with paragraph (1). (c) Compliance with uniform standards (1) In general Not later than two years after the date of the enactment of this Act, the Secretary of each military department shall ensure that all military unaccompanied housing, including privatized military housing under subchapter IV of chapter 169 (2) No waiver The requirement under paragraph (1) may not be waived. (3) Military unaccompanied housing defined In this subsection, the term military unaccompanied housing (d) Certification of budget requirements The Under Secretary of Defense (Comptroller) shall include with the submission to Congress by the President of the annual budget of the Department of Defense for each of fiscal years 2025 through 2029 under section 1105(a) of title 31, United States Code, a signed certification that the Department of Defense and each of the military departments has requested sufficient funds to comply with this section and the amendments made by this section. 2828. Termination of habitability standard waivers and assessment and plan with respect to military unaccompanied housing (a) Termination of habitability standard waivers On and after February 1, 2025, any waiver by the Department of Defense of habitability standards for military unaccompanied housing in effect as of such date shall terminate. (b) Assessment Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Secretary of each military department, shall submit to the congressional defense committees an assessment on the following: (1) The number of waivers currently in place for any standards for military unaccompanied housing as it relates to occupancy and habitability, disaggregated by Armed Force, location, and facility. (2) A list of each such waiver, disaggregated by Armed Force, with a notation of which official appointed by the President and confirmed by the Senate approved the waiver. (3) The number of members of the Armed Forces impacted by each such waiver, disaggregated by location. (c) Plan (1) In general Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Secretary of each military department, shall submit to the Committees on Armed Services of the Senate and the House of Representatives and the Comptroller General of the United States a plan on addressing the deficiencies of military unaccompanied housing, including barracks and dormitories, that led to the use of waivers described in subsection (b)(1). (2) Elements The plan required under paragraph (1) shall include— (A) a timeline for repairs, renovations, or minor or major military construction; (B) the cost of any such repair, renovation, or construction; and (C) an installation-by-installation get-well plan. (3) Implementation Not later than 60 days after receiving the plan required under paragraph (1), the Comptroller General shall brief the Committees on Armed Services of the Senate and the House of Representatives on— (A) the ability of the Department of Defense to execute the plan; and (B) any recommendations of the Comptroller General for modifying the plan. (d) Military unaccompanied housing defined In this section, the term military unaccompanied housing (1) Military housing intended to be occupied by members of the Armed Forces serving a tour of duty unaccompanied by dependents. (2) Transient housing intended to be occupied by members of the Armed Forces on temporary duty. 2829. Requirement for security cameras in common areas and entry points of military unaccompanied housing (a) New housing The Secretary of Defense shall ensure that all renovations of military unaccompanied housing authorized on or after the date of the enactment of this Act that exceed 20 percent of the replacement cost of such facility and all construction of new military unaccompanied housing authorized on or after such date are designed and executed with security cameras in all common areas and entry points as part of a closed circuit television system. (b) Retrofitting Not later than three years after the date of the enactment of this Act, the Secretary shall ensure that all military unaccompanied housing facilities are retrofitted with security cameras in all common areas and entry points as part of a closed circuit television system. (c) Definitions In this section: (1) Common area The term common area (2) Military unaccompanied housing The term military unaccompanied housing (A) Military housing intended to be occupied by members of the Armed Forces serving a tour of duty unaccompanied by dependents. (B) Transient housing intended to be occupied by members of the Armed Forces on temporary duty. 2830. Annual report on military unaccompanied housing (a) In general Not later than one year after the date of the enactment of this Act, and annually thereafter for the following four years, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on military unaccompanied housing, excluding privatized military housing under subchapter IV of chapter 169 (b) Elements Each report required under subsection (a) shall contain a section provided by each Secretary of a military department that— (1) is certified by the Secretary concerned; (2) includes a list of all military unaccompanied housing facilities located on each installation under the jurisdiction of the Secretary concerned; (3) identifies the replacement cost for each such facility; (4) identifies the percentage of repair costs as it compares to the total replacement cost for each such facility; and (5) specifies the funding required to conduct all needed repairs and improvements at each such facility. (c) Military unaccompanied housing defined In this section, the term military unaccompanied housing II Privatized Military Housing 2841. Improvements to privatized military housing (a) Limitation on housing enhancement payments Section 606(a)(2) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 10 U.S.C. 2871 (1) in subparagraph (A)— (A) by striking Each month Except as provided in subparagraph (D), each month (B) by striking one of more one or more (2) by adding at the end the following new subparagraph: (D) Limitation on payment (i) In general Subject to clause (ii), the Secretary of a military department may not make a payment under subparagraph (A) to a lessor unless the Assistant Secretary of Defense for Energy, Installations, and Environment determines the lessor is in compliance with the Military Housing Privatization Initiative Tenant Bill of Rights developed under section 2890 of title 10, United States Code. (ii) Application The limitation under clause (i) shall apply to any payment under a housing agreement entered into on or after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2024 . (b) Inclusion of information on compliance with tenant bill of rights in notice of lease extension Section 2878(f)(2) of title 10, United States Code, is amended by adding at the end the following new subparagraph: (E) An assessment of compliance by the lessor with the Military Housing Privatization Initiative Tenant Bill of Rights developed under section 2890 . (c) Modification of authority To investigate reprisals Subsection (e) of section 2890 (1) in paragraph (1)— (A) by striking Assistant Secretary of Defense for Sustainment Inspector General of the Department of Defense (B) by striking member of the armed forces tenant (2) in paragraph (2)— (A) in the matter preceding subparagraph (A)— (i) by striking Assistant Secretary of Defense for Sustainment Inspector General (ii) by striking member of the armed forces tenant (iii) by striking Assistant Secretary Inspector General (B) in subparagraph (B), by striking Assistant Secretary Inspector General (3) in paragraph (3)— (A) by striking Assistant Secretary of Defense for Sustainment Inspector General of the Department of Defense (B) by striking Secretary of the military department concerned Inspector General of the military department concerned 2842. Implementation of Comptroller General Recommendations relating to strengthening oversight of privatized military housing Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall— (1) implement the recommendations of the Comptroller General of the United States contained in the report published by the Comptroller General on April 6, 2023, reissued with revisions on April 20, 2023, and titled DOD Can Further Strengthen Oversight of Its Privatized Housing Program (2) if the Secretary does not implement any such recommendation, submit to the Committees on Armed Services of the Senate and the House of Representatives a report explaining why the Secretary has not implemented those recommendations. 2843. Treatment of nondisclosure agreements with respect to privatized military housing Section 2890(f)(1) of title 10, United States Code, is amended— (1) by striking A tenant or prospective tenant of a housing unit may not be required to sign A landlord may not request that a tenant or prospective tenant of a housing unit sign (2) by inserting at the end the following: The military services should seek to inform members of the armed forces of the possible consequences of entering into a nondisclosure agreement and encourage members to seek legal counsel before entering into such an agreement if they have questions about specific contractual terms. III Other Housing Matters 2851. Department of Defense Military Housing Readiness Council (a) In general Subchapter I of chapter 88 section 1781c 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 a member of each of the Army, Navy, Air Force, Marine Corps, and Space Force on active duty, not fewer than two of which shall be the spouse of an enlisted member. (D) One professional from each of the following fields, each of whom shall possess expertise in State and Federal housing standards in their respective field: (i) Plumbing. (ii) Electrical. (iii) Heating, ventilation, and air conditioning (HVAC). (iv) Certified home inspection. (v) Roofing. (vi) Structural engineering. (vii) Window fall prevention and safety. (E) Two representatives of organizations that advocate on behalf of military families with respect to military housing. (F) One individual appointed by the Secretary of Defense among representatives of the International Code Council. (G) One individual appointed by the Secretary of Defense among representatives of the Institute of Inspection Cleaning and Restoration Certification. (H) One individual appointed by the Secretary of Defense among representatives of a voluntary consensus standards body that develops construction standards (such as building, plumbing, mechanical, or electrical). (I) One individual appointed by the Secretary of Defense among representatives of a voluntary consensus standards body that develops personnel certification standards for building maintenance or restoration. (2) Terms The term on the Council of the members specified under subparagraphs (B) through (M) 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. (4) Additional requirements for certain members Each member appointed under paragraph (1)(D) may not be affiliated with— (A) any organization that provides privatized military housing; or (B) the Department of Defense. (c) Meetings The Council shall meet two 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 of Defense with and effective implementation by the Department of statutory and regulatory improvements to policies for privatized military housing, including the Military Housing Privatization Initiative Tenant Bill of Rights developed under section 2890 section 2894a (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, and other support services among policymakers, providers of such accommodations and other support services, and targeted beneficiaries of such accommodations and other support services. (e) Public reporting (1) Availability of documents Subject to section 552 of title 5 (commonly known as the Freedom of Information Act (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; and (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 section 2871 (2) Privatized military housing The term privatized military housing chapter 169 . (b) Clerical amendment The table of sections at the beginning of such subchapter is amended by inserting after the item relating to section 1781c the following new item: 1781d. Department of Defense Military Housing Readiness Council. . 2852. Inclusion in annual status of forces survey of questions regarding living conditions of members of the Armed Forces The Secretary of Defense shall include in each status of forces survey of the Department of Defense conducted on or after the date of the enactment of this Act questions specifically targeting the following areas: (1) Overall satisfaction of members of the Armed Forces with their current living accommodation. (2) Satisfaction of such members with the physical condition of their current living accommodation. (3) Satisfaction of such members with the affordability of their current living accommodation. (4) Whether the current living accommodation of such members has impacted any decision related to reenlistment in the Armed Forces. C Land Conveyances 2861. Land conveyance, BG J Sumner Jones Army Reserve Center, Wheeling, West Virginia (a) Conveyance authorized (1) In general The Secretary of the Army (in this section referred to as the Secretary City (2) Continuation of existing easements, restrictions, and covenants The conveyance of the property under paragraph (1) shall be subject to any easement, restriction, or covenant of record applicable to the property and in existence on the date of the enactment of this Act. (b) Revisionary interest (1) In general If the Secretary determines at any time that the property conveyed under subsection (a) is not being used in accordance with the purpose of the conveyance specified in such subsection, all right, title, and interest in and to the property, including any improvements thereto, may, at the option of the Secretary, revert to and become the property of the United States, and the United States may have the right of immediate entry onto such property. (2) Determination A determination by the Secretary under paragraph (1) may be made on the record after an opportunity for a hearing. (c) Payment of costs of conveyance (1) Payment required The Secretary may require the City to cover all costs (except costs for environmental remediation of the property) 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 costs for environmental and real estate due diligence and any other administrative costs related to the conveyance. (2) Refund of excess amounts If amounts are collected from the City under paragraph (1) in advance of the Secretary incurring the actual costs, and the amount collected exceeds the costs actually incurred by the Secretary to carry out the conveyance under subsection (a), the Secretary shall refund the excess amount to the City. (d) Limitation on source of funds The City may not use Federal funds to cover any portion of the costs required to be paid by the City under this section. (e) 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. (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. 2862. Land conveyance, Wetzel County Memorial Army Reserve Center, New Martinsville, West Virginia (a) Conveyance authorized (1) In general The Secretary of the Army (in this section referred to as the Secretary City (2) Continuation of existing easements, restrictions, and covenants The conveyance of the property under paragraph (1) shall be subject to any easement, restriction, or covenant of record applicable to the property and in existence on the date of the enactment of this Act. (b) Revisionary interest (1) In general If the Secretary determines at any time that the property conveyed under subsection (a) is not being used in accordance with the purpose of the conveyance specified in such subsection, all right, title, and interest in and to the property, including any improvements thereto, may, at the option of the Secretary, revert to and become the property of the United States, and the United States may have the right of immediate entry onto such property. (2) Determination A determination by the Secretary under paragraph (1) may be made on the record after an opportunity for a hearing. (c) Payment of costs of conveyance (1) Payment required The Secretary may require the City to cover all costs (except costs for environmental remediation of the property) 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 costs for environmental and real estate due diligence and any other administrative costs related to the conveyance. (2) Refund of excess amounts If amounts are collected from the City under paragraph (1) in advance of the Secretary incurring the actual costs, and the amount collected exceeds the costs actually incurred by the Secretary to carry out the conveyance under subsection (a), the Secretary shall refund the excess amount to the City. (d) Limitation on source of funds The City may not use Federal funds to cover any portion of the costs required to be paid by the City under this section. (e) 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. (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. D Other Matters 2871. Authority to conduct energy resilience and conservation projects at installations where non-Department of Defense funded energy projects have occurred Subsection (k) of section 2688 of title 10, United States Codes, is amended to read as follows: (k) Improvement of conveyed utility system (1) In the case of a utility system that has been conveyed under this section and that only provides utility services to a military installation, the Secretary of Defense or the Secretary of a military department may authorize a contract on a sole source basis with the conveyee of the utility system to carry out a military construction project as authorized and appropriated for by law for an infrastructure improvement that enhances the reliability, resilience, efficiency, physical security, or cybersecurity of the utility system. (2) The Secretary of Defense or the Secretary of a military Department may convey under subsection (j) any infrastructure constructed under paragraph (1) that is in addition to the utility system conveyed under such paragraph. . 2872. Limitation on authority to modify or restrict public access to Greenbury Point Conservation Area at Naval Support Activity Annapolis, Maryland (a) In general Except as provided in subsection (b), the Secretary of the Navy may not modify or restrict public access to the Greenbury Point Conservation Area at Naval Support Activity Annapolis, Maryland, until— (1) the Secretary submits to Congress a report describing the manner in which such access will be modified or restricted; and (2) a law is enacted permitting such modifications or restrictions. (b) Exceptions Subsection (a) shall not apply to— (1) temporary restrictions to protect public safety that are necessitated by emergent situations, hazardous conditions, maintenance of existing facilities, or live fire exercises; or (2) the lease or transfer of the Greenbury Point Conservation Area to another public entity. 2873. Authorization for the Secretary of the Navy to resolve the electrical utility operations at Former Naval Air Station Barbers Point (currently known as Kalaeloa (a) In general The Secretary of the Navy (in this section referred to as the Secretary Kalaeloa (b) Elements of agreement An agreement entered into under subsection (a) shall include a requirement that the Secretary— (1) assist with— (A) the transfer of customers of the Navy off of the electrical utility system of the Navy in the location specified in such subsection; and (B) the enhancement of the new surrounding electrical system to accept any additional load from such transfer, with a priority in the downtown area, which is home to nine large customers, including the Hawaii Army National Guard; (2) provide the instantaneous peak demand analysis and design necessary to conduct such transfer; (3) provide rights of way and easements necessary to support the construction of replacement electrical infrastructure; and (4) be responsible for all environmental assessments and remediation and costs related to the removal and disposal of the electrical utility system of the Navy once it is no longer in use. (c) Limitation on expenditure of amounts The Secretary may expend not more than $48,000,000 during any fiscal year to provide support for an agreement entered into under subsection (a). (d) Notification Not later than 180 days after the date of the enactment of this Act, and not less frequently than every 180 days thereafter, the Secretary shall submit to the congressional defense committees a report on progress made in initiating and executing an agreement under subsection (a). 2874. Clarification of other transaction authority for installation or facility prototyping Section 4022(i) of title 10, United States Code, is amended— (1) in paragraph (2)— (A) in subparagraph (A), by striking ; and (B) by striking subparagraph (B); and (C) by striking paragraph (1) not more paragraph (1), except for projects carried out for the purpose of repairing a facility, not more (2) by redesignating paragraph (3) as paragraph (4); and (3) by inserting after paragraph (2) the following new paragraph (3): (3) Use of amounts The Secretary of Defense or the Secretary of a military department may carry out prototype projects under the pilot program established under paragraph (1) using amounts available for military construction, notwithstanding— (A) subchapters I and III of chapter 169 (B) chapters 221 and 223 of this title. . 2875. Requirement that Department of Defense include military installation resilience in real property management and installation master planning of Department Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall— (1) update Department of Defense Instruction 4165.70 (relating to real property management) and Unified Facilities Criteria 2–100–01 (relating to installation master planning) to— (A) include a requirement to incorporate the impact of military installation resilience in all installation master plans; (B) include a list of all sources of information approved by the Department of Defense; (C) define the 17 military installation resilience hazards to ensure that the impacts from such hazards are reported consistently across the Department; (D) require military installations to address the rationale for determining that any such hazard is not applicable to the installation; (E) standardize reporting formats for military installation resilience plans; (F) establish and define standardized risk rating categories for the use by all military departments; and (G) define criteria for determining the level of risk to an installation to compare hazards between military departments; and (2) require the Secretary of each military department to update the handbook for the military department concerned to incorporate the requirements under paragraph (1). 2876. Increase of limitation on fee for architectural and engineering services procured by military departments (a) Army Section 7540(b) of title 10, United States Code, is amended by striking 6 percent 10 percent (b) Navy Section 8612(b) 6 percent 10 percent (c) Air Force Section 9540(b) 6 percent 10 percent 2877. Requirement that all material types be considered for design-bid-build military construction projects (a) In general The Secretary concerned may not proceed from the design phase of a design-bid-build military construction project or solicit bids for the construction phase of a design-bid-build military construction project until the Secretary of Defense certifies that all materials included in the Unified Facilities Criteria of the Department of Defense have been equally considered for such project. (b) Annual report Not later than January 1 of each year, the Under Secretary of Defense for Acquisition and Sustainment shall submit to the congressional defense committees a report— (1) detailing the primary construction material for each design-bid-build military construction project for which a contract was awarded during the previous fiscal year in an amount that exceeds $6,000,000; and (2) identifying whether each such project was designed or constructed based off a shelf design used at another installation of the Department of Defense. (c) Secretary concerned defined In this section, the term Secretary concerned 2878. Continuing education curriculum for members of the military construction planning and design workforce and acquisition workforce of the Department of Defense (a) In general Not later than 270 days after the date of the enactment of this Act, the Secretary of Defense shall establish a continuing education curriculum for members of the military construction planning and design workforce of the Department of Defense and the acquisition workforce of the Department responsible for military construction projects. (b) Curriculum The continuing education curriculum required under subsection (a)— (1) shall be focused on improving the understanding, awareness, and utilization of innovative products for construction systems with increased benefits relating to— (A) construction speed; (B) anti-terrorism force protection; (C) lateral wind, seismic activity, and fire performance standards; (D) designs that factor in military installation resilience and protection against extreme weather events; (E) life-cycle cost effectiveness and sustainability; (F) renewability; and (G) carbon sequestration; and (2) shall include instruction relating to— (A) all sustainable building materials, such as innovative wood products and mass timber systems; and (B) designs to improve military installation resilience using projection data against extreme weather events. (c) Availability and update The Secretary shall ensure that— (1) the continuing education curriculum required under subsection (a) is made available to each element of the military construction community not later than 60 days after completion of the curriculum; and (2) such curriculum is updated whenever a new construction material is approved by the Unified Facilities Criteria of the Department. (d) Academia input In developing the continuing education curriculum required under subsection (a), the Secretary shall consult with academic institutions. (e) Timing Not later than January 1, 2025, the Secretary shall ensure that— (1) not less than 75 percent of the workforce described in subsection (a) has completed the first iteration of the continuing education curriculum required under such subsection; and (2) such workforce receives updated information on innovative construction techniques on a continuing basis. (f) Report Not later than June 1, 2024, the Secretary shall submit to appropriate committees of Congress a report containing an update on the status of the continuing education curriculum required under subsection (a). (g) Definitions In this section: (1) Appropriate committees of Congress The term appropriate committees of Congress (A) the Committee on Armed Services and the Subcommittee on Military Construction, Veterans Affairs and Related Agencies of the Committee on Appropriations of the Senate; and (B) the Committee on Armed Services and the Subcommittee on Military Construction, Veterans Affairs and Related Agencies of the Committee on Appropriations of the House of Representatives. (2) Military installation resilience The term military installation resilience 2879. Guidance on Department of Defense-wide standards for access to installations of the Department (a) Interim guidance Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall promulgate interim guidance to the appropriate official or officials within the Department of Defense for purposes of establishing final standards of the Department for fitness of individuals for access to installations of the Department, which shall include modifying Department of Defense Manual 5200.08, Physical Security Program: Access to DoD Installations (b) Final guidance Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall promulgate final guidance described in subsection (a). (c) Briefing Not later than 60 days after promulgating interim guidance required under subsection (a), the Secretary of Defense shall brief the Committees on Armed Services of the Senate the House of Representatives on such guidance, which shall include a timeline for promulgation of final guidance as required under subsection (b). 2880. Deployment of existing construction materials (a) Plan Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a plan to utilize, transfer, or donate to States on the southern border of the United States all existing excess border wall construction materials, including bollards, for constructing a permanent physical barrier to stop illicit human and vehicle traffic along the border of the United States with Mexico. (b) Execution of plan Not later than 15 days after submitting to Congress the plan required under subsection (a), taking into account ongoing audits being conducted by the Defense Contract Audit Agency and ongoing construction contract negotiations by the Army Corps of Engineers, so long as any ongoing audits or construction contract negotiations are not a cause for delay, the Secretary shall work with the Defense Logistics Agency to execute that plan until the Department of Defense is no longer incurring any costs to maintain, store, or protect the materials specified under such subsection. (c) Requirements of requesting States Any State requesting border wall construction materials made available under this section must certify, in writing, that the materials it accepts will be exclusively used for the construction of a permanent physical barrier along the border of the United States with Mexico. (d) Report Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report containing the following: (1) A detailed description of the decision process of the Secretary to forgo the excess property disposal process of the Department of Defense and instead pay to store border wall panels. (2) A list of entities the Department is paying for use of their privately owned land to store unused border wall construction materials, with appropriate action taken to protect personally identifiable information, such as by making the list of entities available in an annex that is labeled as controlled unclassified information. (3) An explanation of the process through which the Department contracted with private landowners to store unused border wall construction materials, including whether there was a competitive contracting process and whether the landowners have instituted an inventory review system. (4) A description of any investigations by the Inspector General of the Department that have been opened related to storing border wall construction materials. 2881. Technical corrections (a) Numu Newe Special Management Area Section 2902(c) of the Military Construction Authorization Act for Fiscal Year 2023 ( 16 U.S.C. 460gggg(c) 217,845 209,181 (b) Reduction of impact of Fallon Range Training Complex modernization Section 2995(a)(3)(A) of the Military Land Withdrawals Act of 2013 (title XXIX of Public Law 113–66 Public Law 117–263 Gas Basin 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 2024 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 24–D–513, Z-Pinch Experimental Underground System Test Bed Facilities Improvement, Nevada National Security Site, Nye County, Nevada, $80,000,000. Project 24–D–512, TA–46 Protective Force Facility, Los Alamos National Laboratory, Los Alamos, New Mexico, $48,500,000. Project 24–D–511, Plutonium Production Building, Los Alamos National Laboratory, Los Alamos, New Mexico, $48,500,000. Project 24–D–510, Analytic Gas Laboratory, Pantex Plant, Panhandle, Texas, $35,000,000. Project 24–D–530, Naval Reactors Facility Medical Science Complex, Idaho Falls, Idaho, $36,584,000. 3102. Defense environmental cleanup (a) Authorization of appropriations Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2024 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 24–D–401, Environmental Restoration Disposal Facility Super Cell 11 Expansion Project, Hanford Site, Richland, Washington, $1,000,000. 3103. Other defense activities Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2024 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 2024 for nuclear energy as specified in the funding table in section 4701. B Program authorizations, restrictions, and limitations 3111. Limitation on use of funds for naval nuclear fuel systems based on low-enriched uranium None of the funds authorized to be appropriated by this Act for fiscal year 2024 for the National Nuclear Security Administration for the purpose 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 (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. 3112. Prohibition on ARIES expansion before realization of 30 pit per year base capability Section 4219 of the Atomic Energy Defense Act ( 50 U.S.C. 2538a (a) redesignating subsection (f) as subsection (g); and (b) inserting after subsection (e) the following new subsection (f): (f) Prohibition on ARIES expansion before realization of 30 pit per year base capability (1) In general Unless the Administrator certifies to the congressional defense committees that the base capability to produce 30 plutonium pits per year has been established at Los Alamos National Laboratory, the Advanced Recovery and Integrated Extraction System (commonly known as ARIES PF–4 (2) Exceptions Paragraph (1) shall not apply with respect to— (A) the planning and design of an additional ARIES capability; or (B) the transfer of the ARIES capability to a location other than PF–4. . 3113. Plutonium Modernization Program management Section 4219 of the Atomic Energy Defense Act ( 50 U.S.C. 2538a (h) Not later than 570 days after the date of the enactment of this Act, the Administrator for Nuclear Security shall ensure that the plutonium modernization program established by the Office of Defense Programs of the National Nuclear Security Administration, or any subsequently developed program designed to meet the requirements under subsection (a), is managed in accordance with the requirements of the Enhanced Management A program management category described in the execution instruction of the Office of Defense Programs entitled DP Program Execution Instruction: NA–10 Program Management Tools and Processes . 3114. Pantex explosives manufacturing capability Subtitle A of title XLII of the Atomic Energy Defense Act ( 50 U.S.C. 2521 et seq. 4225. Pantex explosives manufacturing capability (a) In general Not later than the date on which the W87–1 modification program enters into phase 6.5 of the joint nuclear weapons life cycle process (as defined in section 4220), the Administrator shall establish at the Pantex Plant a conventional high explosives production capability with sufficient capacity to support full rate production of the main explosives used for the W87–1 warhead. (b) Briefing On the day after the date that the budget of the President is submitted to Congress under section 1105(a) of title 31, United States Code, for fiscal year 2025 and each fiscal year thereafter, the Administrator shall brief the congressional defense committees on the progress of the Administration in achieving the capability described in subsection (a). (c) Termination Subsection (b) shall terminate upon the date that the Administrator certifies to the congressional defense committees that the capability described in subsection (a) has been achieved. . 3115. Limitation on establishing an enduring bioassurance program within the National Nuclear Security Administration (a) In general Subtitle B of title XLVIII of the Atomic Energy Defense Act ( 50 U.S.C. 2791 et seq. 4815. Limitation on establishing an enduring bioassurance program within the Administration (a) In general The Administrator may not establish a program within the Administration for the purposes of executing an enduring national security research and development effort to broaden the role of the Department of Energy in national biodefense. (b) Rule of construction The limitation described in subsection (a) shall not be interpreted— (1) to prohibit the establishment of a bioassurance program for the purpose of executing enduring national security research and development in any component of the Department of Energy other than the Administration or in any other Federal agency; or (2) to impede the use of resources of the Administration, including resources provided by a national security laboratory or a nuclear weapons production facility site, to support the execution of a bioassurance program, if such support is provided— (A) on a cost-reimbursable basis to an entity that is not a component of the Department of Energy; and (B) in a manner that does not interfere with mission of such laboratory or facility. . (b) Clerical amendment The table of contents for the Atomic Energy Defense Act is amended by inserting after the item relating to section 4814 the following new item: Sec. 4815. Limitation on establishing an enduring bioassurance program within the Administration. . 3116. Extension of authority on acceptance of contributions for acceleration or removal or security of fissile materials, radiological materials, and related equipment at vulnerable sites worldwide Section 4306B(f)(6) of the Atomic Energy Defense Act ( 50 U.S.C. 2569(f)(6) 2028 2033 3117. Modification of reporting requirements for program on vulnerable sites (a) In general Section 4306B of the Atomic Energy Defense Act ( 50 U.S.C. 2569 (1) by striking subsection (d); (2) by redesignating subsections (e), (f), and (g) as subsections (d), (e), and (f), respectively; and (3) in paragraph (6) of subsection (e), as so redesignated, by striking 2028 2030 (b) Conforming amendment Section 4309(c)(7) of the Atomic Energy Defense Act ( 50 U.S.C. 2575(c)(7) section 3132(f) of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 ( 50 U.S.C. 2569(f) section 4306B(e) 3118. Implementation of enhanced mission delivery initiative (a) In general Concurrent with the submission of the budget of the President to Congress under section 1105(a) of title 31, United States Code, for each of fiscal years 2025 through 2029, the Administrator for Nuclear Security, acting through the Director for Cost Estimating and Program Evaluation, shall brief the congressional defense committees on the status of implementing the 18 principal recommendations and associated subelements of the report entitled Evolving the Nuclear Security Enterprise: A Report of the Enhanced Mission Delivery Initiative (b) Elements of briefings Each briefing required by subsection (a) shall address— (1) the status of implementing each recommendation described in subsection (a); (2) with respect to each recommendation that has been implemented, whether the outcome of such implementation is achieving the desired result; (3) with respect to each recommendation that has not been implemented, the reason for not implementing such recommendation; (4) whether additional legislation is required in order to implement a recommendation; and (5) such other matters as the Administrator considers necessary. 3119. Limitation on use of funds until provision of spend plan for W80–4 ALT weapon development Of the funds authorized to be appropriated by this Act for fiscal year 2024 for operations of the Office of the Administrator for Nuclear Security, not more than 50 percent may be obligated or expended until the date on which the Administrator for Nuclear Security submits to the congressional defense committees the spend plan for the warhead associated with the sea-launched cruise missile required by section 1642(d) of the National Defense Authorization Act for Fiscal Year 2023 ( Public Law 117–263 3120. Analyses of nuclear programs of foreign countries (a) Capability to conduct analyses of nuclear programs The Secretary of Energy shall, using existing authorities of the Secretary, take such actions as are necessary to improve the ability of the Department of Energy to conduct comprehensive, integrated analyses of the nuclear programs of foreign countries. (b) Additional analyses required The Secretary shall conduct analyses of— (1) countries that may pursue nuclear weapons programs in the future; (2) developing technologies that make it easier for the governments of countries or for non-state actors to acquire nuclear weapons; and (3) entities that may be developing the ability to supply sensitive nuclear technologies but may not yet have effective programs in place to ensure compliance with export controls. 3121. Enhancing National Nuclear Security Administration supply chain reliability (a) In general Subtitle A of title XLVIII of the Atomic Energy Defense Act ( 50 U.S.C. 2781 et seq. 4808. Supply chain reliability assurance program The Administrator shall establish a supply chain reliability assurance program— (1) to facilitate collaboration with the Department of Defense and industrial partners to maintain a reliable domestic supplier base for critical materials to meet engineering and performance requirements of the Administration and the Department of Defense; and (2) to improve coordination with the Infrastructure and Operations Program and the Programmatic Recapitalization Working Group to improve planning for material requirements and potential disruptions to commercial or contractor supply chains, including with respect to— (A) assisting in coordination for forecasting future needs in both legacy inventories and new procurements; (B) establishing clear requirements for nuclear security enterprise assurance and, when cost-effective, to use capabilities of the Administration to restore mission schedules at risk; and (C) collaborating with the Department of Defense and industrial partners to establish processes to mitigate manufacturing challenges and to develop strategies to lower long-term costs, while identifying and preserving production of materials and components by the Administration. . (b) Clerical amendment The table of contents for the Atomic Energy Defense Act is amended by inserting after the item relating to section 4807 the following new item: Sec. 4808. Supply chain reliability assurance program. . 3122. Transfer of cybersecurity responsibilities to Administrator for Nuclear Security The National Nuclear Security Administration Act ( 50 U.S.C. 2401 et seq. (1) in section 3212(b) ( 50 U.S.C. 2402(b) (20) Information resources management, including cybersecurity. ; and (2) in section 3232(b)(3)( 50 U.S.C. 2422(b)(3) and cyber 3123. Redesignating duties related to departmental radiological and nuclear incident responses (a) Deputy Administrator for Defense Programs Section 3214(b) of the National Nuclear Security Administration Act (50 U.S.C. 2404 (b)) is amended by striking paragraph (3). (b) Administrator for Nuclear Security Section 3212(b)(7) of the National Nuclear Security Administration Act ( 50 U.S.C. 2402(b)(7) and Nuclear Emergency Support Team capabilities, including all field-deployed and remote technical support to public health and safety missions, countering weapons of mass destruction operations, technical and operational nuclear forensics, and responses to United States nuclear weapon accidents management 3124. Modification of authority to establish certain contracting, program management, scientific, engineering, and technical positions Section 3241 of the National Nuclear Security Administration Act ( 50 U.S.C. 2441 800 1,200 3125. Technical amendments to the Atomic Energy Defense Act The Atomic Energy Defense Act ( 50 U.S.C. 2501 et seq. (1) in section 4306(d)— (A) in paragraph (1), by striking Not later than March 15, 2005, the The (B) in paragraph (2), by striking Not later than January 1, 2006, the The (2) in section 4807(f)(1), by striking 2022 2030 3126. Amendment to period for briefing requirements Section 4807(f)(1) of the Atomic Energy Defense Act ( 50 U.S.C. 2787(f)(1) 2022 2032 3127. Repeal of reporting requirements for Uranium Capabilities Replacement Project Section 3123(g) of the National Defense Authorization Act for Fiscal Year 2013 ( Public Law 112–239 C Budget and financial management matters 3131. Updated financial integration policy Not later than 180 days after the date of the enactment of this Act, the Administrator for Nuclear Security shall issue an updated financial integration policy, which shall include the following: (1) Updated responsibilities for offices of the National Nuclear Security Administration and requirements for management and operating contractors, including contractors at sites that are not sites of the Administration. (2) Guidance for how offices of the Administration should use common financial data, including guidance requiring that such data be used as the primary source of financial data by program offices, to the extent practicable. (3) Processes recommended by the Government Accountability Office to improve financial integration efforts of the Administration, including an internal process to verify how management and operating contractors crosswalk data from their systems to the appropriate work breakdown structure of the Administration and apply common cost element definitions. (4) Any other matters the Administrator considers appropriate. D Other matters 3141. Integration of technical expertise of Department of Energy into policymaking The Secretary of Energy shall take such measures as are necessary to improve the integration of the scientific and technical expertise of the Department of Energy, especially the expertise of the national laboratories, into policymaking, including by— (1) ensuring that such expertise is involved during interagency discussions, regardless of the topic of such discussions; (2) decreasing restrictions on personnel of laboratories and other facilities of the Department working in the Department headquarters for 2- to 3-year rotations; (3) increasing collaboration among program managers and personnel of laboratories and other facilities of the Department during policy deliberations; and (4) creating mechanisms for providing technical advice to officials of the Department responsible for nonproliferation policy. 3142. Amendments to the Energy Employees Occupational Illness Compensation Program Act of 2000 (a) Short title This section may be cited as the Beryllium Testing Fairness Act (b) Modification of demonstration of beryllium sensitivity Section 3621(8)(A) of the Energy Employees Occupational Illness Compensation Program Act of 2000 ( 42 U.S.C. 7384l(8)(A) (1) by striking established by an abnormal established by— (i) an abnormal ; (2) by striking the period at the end and inserting ; or (3) by adding at the end the following: (ii) three borderline beryllium lymphocyte proliferation tests performed on blood cells over a period of 3 years. . (c) Extension of Advisory Board on Toxic Substances and Worker Health Section 3687(j) of the Energy Employees Occupational Illness Compensation Program Act of 2000 ( 42 U.S.C. 7385s–16(j) 10 years 15 years 3143. Prohibition on sales of petroleum products from the Strategic Petroleum Reserve to certain countries (a) Prohibitions Notwithstanding any other provision of law, unless a waiver has been issued under subsection (b), the Secretary of Energy shall not draw down and sell petroleum products from the Strategic Petroleum Reserve— (1) to any entity that is under the ownership or control of the Chinese Communist Party, the People’s Republic of China, the Russian Federation, the Democratic People’s Republic of Korea, or the Islamic Republic of Iran; or (2) except on the condition that such petroleum products will not be exported to the People’s Republic of China, the Russian Federation, the Democratic People’s Republic of Korea, or the Islamic Republic of Iran. (b) Waiver (1) In general On application by a bidder, the Secretary of Energy may waive, prior to the date of the applicable auction, the prohibitions described in subsection (a) with respect to the sale of crude oil to that bidder at that auction. (2) Requirement The Secretary of Energy may issue a waiver under this subsection only if the Secretary determines that the waiver is in the interest of the national security of the United States. (3) Applications A bidder seeking a waiver under this subsection shall submit to the Secretary of Energy an application by such date, in such form, and containing such information as the Secretary of Energy may require. (4) Notice to Congress Not later than 15 days after issuing a waiver under this subsection, the Secretary of Energy shall provide a copy of the waiver to the Committee on Energy and Natural Resources of the Senate and the Committee on Energy and Commerce of the House of Representatives. 3144. U.S. nuclear fuel security initiative (a) Short title This section may be cited as the Nuclear Fuel Security Act of 2023 (b) Sense of Congress It is the sense of Congress that— (1) the Department should— (A) prioritize activities to increase domestic production of low-enriched uranium; and (B) accelerate efforts to establish a domestic high-assay, low-enriched uranium enrichment capability; and (2) if domestic enrichment of high-assay, low-enriched uranium will not be commercially available at the scale needed in time to meet the needs of the advanced nuclear reactor demonstration projects of the Department, the Secretary shall consider and implement, as necessary— (A) all viable options to make high-assay, low-enriched uranium produced from inventories owned by the Department available in a manner that is sufficient to maximize the potential for the Department to meet the needs and schedules of advanced nuclear reactor developers, without impacting existing Department missions, until such time that commercial enrichment and deconversion capability for high-assay, low-enriched uranium exists at a scale sufficient to meet future needs; and (B) all viable options for partnering with countries that are allies or partners of the United States to meet those needs and schedules until that time. (c) Objectives The objectives of this section are— (1) to expeditiously increase domestic production of low-enriched uranium; (2) to expeditiously increase domestic production of high-assay, low-enriched uranium by an annual quantity, and in such form, determined by the Secretary to be sufficient to meet the needs of— (A) advanced nuclear reactor developers; and (B) the consortium; (3) to ensure the availability of domestically produced, converted, enriched, deconverted, and reduced uranium in a quantity determined by the Secretary, in consultation with U.S. nuclear energy companies, to be sufficient to address a reasonably anticipated supply disruption; (4) to address gaps and deficiencies in the domestic production, conversion, enrichment, deconversion, and reduction of uranium by partnering with countries that are allies or partners of the United States if domestic options are not practicable; (5) to ensure that, in the event of a supply disruption in the nuclear fuel market, a reserve of nuclear fuels is available to serve as a backup supply to support the nuclear nonproliferation and civil nuclear energy objectives of the Department; (6) to support enrichment, deconversion, and reduction technology deployed in the United States; and (7) to ensure that, until such time that domestic enrichment and deconversion of high-assay, low-enriched uranium is commercially available at the scale needed to meet the needs of advanced nuclear reactor developers, the Secretary considers and implements, as necessary— (A) all viable options to make high-assay, low-enriched uranium produced from inventories owned by the Department available in a manner that is sufficient to maximize the potential for the Department to meet the needs and schedules of advanced nuclear reactor developers; and (B) all viable options for partnering with countries that are allies or partners of the United States to meet those needs and schedules. (d) Definitions In this section: (1) Advanced nuclear reactor The term advanced nuclear reactor 42 U.S.C. 16271(b) (2) Associated entity The term associated entity (A) is owned, controlled, or dominated by— (i) the government of a country that is an ally or partner of the United States; or (ii) an associated individual; or (B) is organized under the laws of, or otherwise subject to the jurisdiction of, a country that is an ally or partner of the United States, including a corporation that is incorporated in such a country. (3) Associated individual The term associated individual (4) Consortium The term consortium 42 U.S.C. 16281(a)(2)(F) (5) Department The term Department (6) High-assay, low-enriched uranium; HALEU The term high-assay, low-enriched uranium HALEU 42 U.S.C. 16281(d) (7) Low-enriched uranium; LEU The term low-enriched uranium LEU (A) low-enriched uranium (as defined in section 3102 of the USEC Privatization Act ( 42 U.S.C. 2297h (B) low-enriched uranium (as defined in section 3112A(a) of that Act (42 U.S.C. 2297h–10a(a))). (8) Programs The term Programs (A) the Nuclear Fuel Security Program established under subsection (e)(1); (B) the American Assured Fuel Supply Program of the Department; and (C) the HALEU for Advanced Nuclear Reactor Demonstration Projects Program established under subsection (e)(3). (9) Secretary The term Secretary (10) U.S. nuclear energy company The term U.S. nuclear energy company (A) is organized under the laws of, or otherwise subject to the jurisdiction of, the United States; and (B) is involved in the nuclear energy industry. (e) Establishment and expansion of programs The Secretary, consistent with the objectives described in subsection (c), shall— (1) establish a program, to be known as the Nuclear Fuel Security Program (2) expand the American Assured Fuel Supply Program of the Department to ensure the availability of domestically produced, converted, enriched, deconverted, and reduced uranium in the event of a supply disruption; and (3) establish a program, to be known as the HALEU for Advanced Nuclear Reactor Demonstration Projects Program (A) to maximize the potential for the Department to meet the needs and schedules of advanced nuclear reactor developers until such time that commercial enrichment and deconversion capability for HALEU exists in the United States at a scale sufficient to meet future needs; and (B) where practicable, to partner with countries that are allies or partners of the United States to meet those needs and schedules until that time. (f) Nuclear Fuel Security Program (1) In general In carrying out the Nuclear Fuel Security Program, the Secretary— (A) shall— (i) not later than 180 days after the date of enactment of this Act, enter into 2 or more contracts to begin acquiring not less than 100 metric tons per year of LEU by December 31, 2026 (or the earliest operationally feasible date thereafter), to ensure diversity of supply in domestic uranium mining, conversion, enrichment, and deconversion capacity and technologies, including new capacity, among U.S. nuclear energy companies; (ii) not later than 180 days after the date of enactment of this Act, enter into 2 or more contracts with members of the consortium to begin acquiring not less than 20 metric tons per year of HALEU by December 31, 2027 (or the earliest operationally feasible date thereafter), from U.S. nuclear energy companies; (iii) utilize only uranium produced, converted, enriched, deconverted, and reduced in— (I) the United States; or (II) if domestic options are not practicable, a country that is an ally or partner of the United States; and (iv) to the maximum extent practicable, ensure that the use of domestic uranium utilized as a result of that program does not negatively affect the economic operation of nuclear reactors in the United States; and (B) (i) may not make commitments under this subsection (including cooperative agreements (used in accordance with section 6305 of title 31, United States Code), purchase agreements, guarantees, leases, service contracts, or any other type of commitment) for the purchase or other acquisition of HALEU or LEU unless— (I) funds are specifically provided for those purposes in advance in appropriations Acts enacted after the date of enactment of this Act; or (II) the commitment is funded entirely by funds made available to the Secretary from the account described in subsection (j)(2)(B); and (ii) may make a commitment described in clause (i) only— (I) if the full extent of the anticipated costs stemming from the commitment is recorded as an obligation at the time that the commitment is made; and (II) to the extent of that up-front obligation recorded in full at that time. (2) Considerations In carrying out paragraph (1)(A)(ii), the Secretary shall consider and, if appropriate, implement— (A) options to ensure the quickest availability of commercially enriched HALEU, including— (i) partnerships between 2 or more commercial enrichers; and (ii) utilization of up to 10-percent enriched uranium as feedstock in demonstration-scale or commercial HALEU enrichment facilities; (B) options to partner with countries that are allies or partners of the United States to provide LEU and HALEU for commercial purposes; (C) options that provide for an array of HALEU— (i) enrichment levels; (ii) output levels to meet demand; and (iii) fuel forms, including uranium metal and oxide; and (D) options— (i) to replenish, as necessary, Department stockpiles of uranium that were intended to be downblended for other purposes, but were instead used in carrying out activities under the HALEU for Advanced Nuclear Reactor Demonstration Projects Program; (ii) to continue supplying HALEU to meet the needs of the recipients of an award made pursuant to the funding opportunity announcement of the Department numbered DE–FOA–0002271 for Pathway 1, Advanced Reactor Demonstrations; and (iii) to make HALEU available to other advanced nuclear reactor developers and other end-users. (3) Avoidance of market disruptions In carrying out the Nuclear Fuel Security Program, the Secretary, to the extent practicable and consistent with the purposes of that program, shall not disrupt or replace market mechanisms by competing with U.S. nuclear energy companies. (g) Expansion of the American Assured Fuel Supply Program The Secretary, in consultation with U.S. nuclear energy companies, shall— (1) expand the American Assured Fuel Supply Program of the Department by merging the operations of the Uranium Reserve Program of the Department with the American Assured Fuel Supply Program; and (2) in carrying out the American Assured Fuel Supply Program of the Department, as expanded under paragraph (1)— (A) maintain, replenish, diversify, or increase the quantity of uranium made available by that program in a manner determined by the Secretary to be consistent with the purposes of that program and the objectives described in subsection (c); (B) utilize only uranium produced, converted, enriched, deconverted, and reduced in— (i) the United States; or (ii) if domestic options are not practicable, a country that is an ally or partner of the United States; (C) make uranium available from the American Assured Fuel Supply, subject to terms and conditions determined by the Secretary to be reasonable and appropriate; (D) refill and expand the supply of uranium in the American Assured Fuel Supply, including by maintaining a limited reserve of uranium to address a potential event in which a domestic or foreign recipient of uranium experiences a supply disruption for which uranium cannot be obtained through normal market mechanisms or under normal market conditions; and (E) take other actions that the Secretary determines to be necessary or appropriate to address the purposes of that program and the objectives described in subsection (c). (h) HALEU for Advanced Nuclear Reactor Demonstration Projects Program (1) Activities On enactment of this Act, the Secretary shall immediately accelerate and, as necessary, initiate activities to make available from inventories or stockpiles owned by the Department and made available to the consortium, HALEU for use in advanced nuclear reactors that cannot operate on uranium with lower enrichment levels or on alternate fuels, with priority given to the awards made pursuant to the funding opportunity announcement of the Department numbered DE–FOA–0002271 for Pathway 1, Advanced Reactor Demonstrations, with additional HALEU to be made available to other advanced nuclear reactor developers, as the Secretary determines to be appropriate. (2) Quantity In carrying out activities under this subsection, the Secretary shall consider and implement, as necessary, all viable options to make HALEU available in quantities and forms sufficient to maximize the potential for the Department to meet the needs and schedules of advanced nuclear reactor developers, including by seeking to make available— (A) by September 30, 2024, not less than 3 metric tons of HALEU; (B) by December 31, 2025, not less than an additional 8 metric tons of HALEU; and (C) by June 30, 2026, not less than an additional 10 metric tons of HALEU. (3) Factors for consideration In carrying out activities under this subsection, the Secretary shall take into consideration— (A) options for providing HALEU from a stockpile of uranium owned by the Department, including— (i) uranium that has been declared excess to national security needs during or prior to fiscal year 2023; (ii) uranium that— (I) directly meets the needs of advanced nuclear reactor developers; but (II) has been previously used or fabricated for another purpose; (iii) uranium that can meet the needs of advanced nuclear reactor developers after removing radioactive or other contaminants that resulted from previous use or fabrication of the fuel for research, development, demonstration, or deployment activities of the Department, including activities that reduce the environmental liability of the Department by accelerating the processing of uranium from stockpiles designated as waste; (iv) uranium from a high-enriched uranium stockpile (excluding stockpiles intended for national security needs), which can be blended with lower assay uranium to become HALEU to meet the needs of advanced nuclear reactor developers; and (v) uranium from stockpiles intended for other purposes (excluding stockpiles intended for national security needs), but for which uranium could be swapped or replaced in time in such a manner that would not negatively impact the missions of the Department; (B) options for expanding, or establishing new, capabilities or infrastructure to support the processing of uranium from Department inventories; (C) options for accelerating the availability of HALEU from HALEU enrichment demonstration projects of the Department; (D) options for providing HALEU from domestically enriched HALEU procured by the Department through a competitive process pursuant to the Nuclear Fuel Security Program established under subsection (e)(1); (E) options to replenish, as needed, Department stockpiles of uranium made available pursuant to subparagraph (A) with domestically enriched HALEU procured by the Department through a competitive process pursuant to the Nuclear Fuel Security Program established under subsection (e)(1); and (F) options that combine 1 or more of the approaches described in subparagraphs (A) through (E) to meet the deadlines described in paragraph (2). (4) Limitations (A) Certain services The Secretary shall not barter or otherwise sell or transfer uranium in any form in exchange for services relating to— (i) the final disposition of radioactive waste from uranium that is the subject of a contract for sale, resale, transfer, or lease under this subsection; or (ii) environmental cleanup activities. (B) Certain commitments In carrying out activities under this subsection, the Secretary— (i) may not make commitments under this subsection (including cooperative agreements (used in accordance with section 6305 of title 31, United States Code), purchase agreements, guarantees, leases, service contracts, or any other type of commitment) for the purchase or other acquisition of HALEU or LEU unless— (I) funds are specifically provided for those purposes in advance in appropriations Acts enacted after the date of enactment of this Act; or (II) the commitment is funded entirely by funds made available to the Secretary from the account described in subsection (j)(2)(B); and (ii) may make a commitment described in clause (i) only— (I) if the full extent of the anticipated costs stemming from the commitment is recorded as an obligation at the time that the commitment is made; and (II) to the extent of that up-front obligation recorded in full at that time. (5) Sunset The authority of the Secretary to carry out activities under this subsection shall terminate on the date on which the Secretary notifies Congress that the HALEU needs of advanced nuclear reactor developers can be fully met by commercial HALEU suppliers in the United States, as determined by the Secretary, in consultation with U.S. nuclear energy companies. (i) Domestic sourcing considerations (1) In general Except as provided in paragraph (2), the Secretary may only carry out an activity in connection with 1 or more of the Programs if— (A) the activity promotes manufacturing in the United States associated with uranium supply chains; or (B) the activity relies on resources, materials, or equipment developed or produced— (i) in the United States; or (ii) in a country that is an ally or partner of the United States by— (I) the government of that country; (II) an associated entity; or (III) a U.S. nuclear energy company. (2) Waiver The Secretary may waive the requirements of paragraph (1) with respect to an activity if the Secretary determines a waiver to be necessary to achieve 1 or more of the objectives described in subsection (c). (j) Reasonable compensation (1) In general In carrying out activities under this section, the Secretary shall ensure that any LEU and HALEU made available by the Secretary under 1 or more of the Programs is subject to reasonable compensation, taking into account the fair market value of the LEU or HALEU and the purposes of this section. (2) Availability of certain funds (A) In general Notwithstanding section 3302(b) of title 31, United States Code, revenues received by the Secretary from the sale or transfer of fuel feed material acquired by the Secretary pursuant to a contract entered into under clause (i) or (ii) of subsection (f)(1)(A) shall— (i) be deposited in the account described in subparagraph (B); (ii) be available to the Secretary for carrying out the purposes of this section, to reduce the need for further appropriations for those purposes; and (iii) remain available until expended. (B) Revolving fund There is established in the Treasury an account into which the revenues described in subparagraph (A) shall be— (i) deposited in accordance with clause (i) of that subparagraph; and (ii) made available in accordance with clauses (ii) and (iii) of that subparagraph. (k) Nuclear regulatory commission The Nuclear Regulatory Commission shall prioritize and expedite consideration of any action related to the Programs to the extent permitted under the Atomic Energy Act of 1954 42 U.S.C. 2011 et seq. (l) USEC Privatization Act The requirements of section 3112(d)(2) of the USEC Privatization Act ( 42 U.S.C. 2297h–10(d)(2) (m) National security needs The Secretary shall only make available to a member of the consortium under this section for commercial use or use in a demonstration project material that the President has determined is not necessary for national security needs during or prior to fiscal year 2023, subject to the condition that the material made available shall not include any material that the Secretary determines to be necessary for the National Nuclear Security Administration or any critical mission of the Department. (n) International agreements This section shall be applied in a manner consistent with the obligations of the United States under international agreements. (o) Report on civil nuclear credit program Not later than 180 days after the date of enactment of this Act, the Secretary shall submit to the appropriate committees of Congress a report that identifies the anticipated funding requirements for the civil nuclear credit program described in section 40323 of the Infrastructure Investment and Jobs Act ( 42 U.S.C. 18753 (1) the zero-emission nuclear power production credit authorized by section 45U (2) any increased fuel costs associated with the use of domestic fuel that may arise from the implementation of that program. (p) Supply chain infrastructure and workforce capacity building (1) Supply chain infrastructure Section 10781(b)(1) of Public Law 117–167 CHIPS and Science Act of 2022 42 U.S.C. 19351(b)(1) and demonstration of advanced nuclear reactors demonstration, and deployment of advanced nuclear reactors and associated supply chain infrastructure (2) Workforce capacity building Section 954(b) of the Energy Policy Act of 2005 ( 42 U.S.C. 16274(b) (A) in the subsection heading, by striking Graduate (B) by striking graduate (C) in paragraph (2)(A), by inserting community colleges, trade schools, registered apprenticeship programs, pre-apprenticeship programs, universities, (D) in paragraph (3), by striking 2021 through 2025 2023 through 2027 (E) by redesignating paragraph (3) as paragraph (4); and (F) by inserting after paragraph (2) the following: (A) Focus areas In carrying out the subprogram under this subsection, the Secretary may implement traineeships in focus areas that, in the determination of the Secretary, are necessary to support the nuclear energy sector in the United States, including— (i) research and development; (ii) construction and operation; (iii) associated supply chains; and (iv) workforce training and retraining to support transitioning workforces. . XXXII Defense Nuclear Facilities Safety Board 3201. Authorization There are authorized to be appropriated for fiscal year 2024, $47,230,000 for the operation of the Defense Nuclear Facilities Safety Board under chapter 21 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2286 et seq. 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 Line Item FY 2024 Senate AIRCRAFT PROCUREMENT, ARMY FIXED WING 3 FUTURE UAS FAMILY 53,453 53,453 5 SMALL UNMANNED AIRCRAFT SYSTEMS 20,769 20,769 ROTARY 6 AH–64 APACHE BLOCK IIIA REMAN 718,578 718,578 7 AH–64 APACHE BLOCK IIIA REMAN 110,360 110,360 8 UH–60 BLACKHAWK M MODEL (MYP) 668,258 668,258 9 UH–60 BLACKHAWK M MODEL (MYP) 92,494 92,494 10 UH–60 BLACK HAWK L AND V MODELS 153,196 153,196 11 CH–47 HELICOPTER 202,487 202,487 12 CH–47 HELICOPTER 18,936 18,936 MODIFICATION OF AIRCRAFT 13 MQ–1 PAYLOAD 13,650 13,650 14 GRAY EAGLE MODS2 14,959 14,959 16 AH–64 MODS 113,127 113,127 17 CH–47 CARGO HELICOPTER MODS (MYP) 20,689 20,689 22 UTILITY HELICOPTER MODS 35,879 35,879 23 NETWORK AND MISSION PLAN 32,418 32,418 24 COMMS, NAV SURVEILLANCE 74,912 74,912 25 DEGRADED VISUAL ENVIRONMENT 16,838 16,838 26 AVIATION ASSURED PNT 67,383 67,383 27 GATM ROLLUP 8,924 8,924 29 UAS MODS 2,258 2,258 GROUND SUPPORT AVIONICS 30 AIRCRAFT SURVIVABILITY EQUIPMENT 161,731 161,731 31 SURVIVABILITY CM 6,526 6,526 32 CMWS 72,041 72,041 33 COMMON INFRARED COUNTERMEASURES (CIRCM) 261,384 261,384 OTHER SUPPORT 34 COMMON GROUND EQUIPMENT 25,752 25,752 35 AIRCREW INTEGRATED SYSTEMS 22,097 22,097 36 AIR TRAFFIC CONTROL 21,216 21,216 37 LAUNCHER, 2.75 ROCKET 2,125 2,125 TOTAL AIRCRAFT PROCUREMENT, ARMY 3,012,440 3,012,440 MISSILE PROCUREMENT, ARMY SURFACE-TO-AIR MISSILE SYSTEM 1 LOWER TIER AIR AND MISSILE DEFENSE (AMD) SEN 6,625 6,625 3 M-SHORAD—PROCUREMENT 400,697 400,697 4 MSE MISSILE 1,212,832 1,212,832 6 PRECISION STRIKE MISSILE (PRSM) 384,071 384,071 7 INDIRECT FIRE PROTECTION CAPABILITY INC 2–I 313,189 313,189 8 MID-RANGE CAPABILITY (MRC) 169,519 169,519 AIR-TO-SURFACE MISSILE SYSTEM 9 HELLFIRE SYS SUMMARY 21,976 21,976 10 JOINT AIR-TO-GROUND MSLS (JAGM) 303,409 303,409 12 LONG-RANGE HYPERSONIC WEAPON 156,821 156,821 ANTI-TANK/ASSAULT MISSILE SYS 13 JAVELIN (AAWS-M) SYSTEM SUMMARY 199,509 199,509 14 TOW 2 SYSTEM SUMMARY 120,475 120,475 15 GUIDED MLRS ROCKET (GMLRS) 886,367 886,367 16 GUIDED MLRS ROCKET (GMLRS) 55,913 55,913 17 MLRS REDUCED RANGE PRACTICE ROCKETS (RRPR) 10,334 10,334 18 HIGH MOBILITY ARTILLERY ROCKET SYSTEM (HIMARS 179,230 179,230 19 ARMY TACTICAL MSL SYS (ATACMS)—SYS SUM 7,307 7,307 MODIFICATIONS 21 PATRIOT MODS 212,247 212,247 22 STINGER MODS 36,484 36,484 23 AVENGER MODS 22,274 22,274 25 MLRS MODS 168,198 168,198 26 HIMARS MODIFICATIONS 76,266 76,266 SPARES AND REPAIR PARTS 27 SPARES AND REPAIR PARTS 6,573 6,573 SUPPORT EQUIPMENT & FACILITIES 28 AIR DEFENSE TARGETS 11,701 11,701 TOTAL MISSILE PROCUREMENT, ARMY 4,962,017 4,962,017 PROCUREMENT OF W&TCV, ARMY TRACKED COMBAT VEHICLES 1 ARMORED MULTI PURPOSE VEHICLE (AMPV) 554,777 554,777 3 MOBILE PROTECTED FIREPOWER 394,635 394,635 MODIFICATION OF TRACKED COMBAT VEHICLES 4 STRYKER UPGRADE 614,282 614,282 5 BRADLEY FIRE SUPPORT TEAM (BFIST) VEHICLE 5,232 5,232 6 BRADLEY PROGRAM (MOD) 158,274 158,274 7 M109 FOV MODIFICATIONS 90,986 90,986 8 PALADIN INTEGRATED MANAGEMENT (PIM) 469,152 469,152 9 IMPROVED RECOVERY VEHICLE (M88 HERCULES) 41,058 41,058 12 JOINT ASSAULT BRIDGE 159,804 159,804 13 ABRAMS UPGRADE PROGRAM 697,883 697,883 14 ABRAMS UPGRADE PROGRAM 102,440 102,440 WEAPONS & OTHER COMBAT VEHICLES 16 PERSONAL DEFENSE WEAPON (ROLL) 510 510 17 M240 MEDIUM MACHINE GUN (7.62MM) 425 425 19 MACHINE GUN, CAL .50 M2 ROLL 3,420 3,420 20 MORTAR SYSTEMS 8,013 8,013 21 LOCATION & AZIMUTH DETERMINATION SYSTEM (LADS 3,174 3,174 22 XM320 GRENADE LAUNCHER MODULE (GLM) 14,143 14,143 23 PRECISION SNIPER RIFLE 5,248 5,248 24 CARBINE 571 571 25 NEXT GENERATION SQUAD WEAPON 292,850 292,850 26 HANDGUN 32 32 MOD OF WEAPONS AND OTHER COMBAT VEH 28 M777 MODS 18,920 18,920 31 M119 MODIFICATIONS 13,097 13,097 32 MORTAR MODIFICATION 423 423 SUPPORT EQUIPMENT & FACILITIES 33 ITEMS LESS THAN $5.0M (WOCV-WTCV) 1,148 1,148 34 PRODUCTION BASE SUPPORT (WOCV-WTCV) 115,024 115,024 TOTAL PROCUREMENT OF W&TCV, ARMY 3,765,521 3,765,521 PROCUREMENT OF AMMUNITION, ARMY SMALL/MEDIUM CAL AMMUNITION 1 CTG, 5.56MM, ALL TYPES 90,853 90,853 2 CTG, 7.62MM, ALL TYPES 65,370 65,370 3 NEXT GENERATION SQUAD WEAPON AMMUNITION 191,244 191,244 4 CTG, HANDGUN, ALL TYPES 6,597 6,597 5 CTG, .50 CAL, ALL TYPES 41,534 41,534 6 CTG, 20MM, ALL TYPES 7,925 7,925 7 CTG, 25MM, ALL TYPES 38,760 38,760 8 CTG, 30MM, ALL TYPES 107,805 107,805 9 CTG, 40MM, ALL TYPES 148,970 148,970 10 CTG, 50MM, ALL TYPES 28,000 28,000 MORTAR AMMUNITION 11 60MM MORTAR, ALL TYPES 35,160 35,160 12 81MM MORTAR, ALL TYPES 40,562 40,562 13 120MM MORTAR, ALL TYPES 106,784 106,784 TANK AMMUNITION 14 CARTRIDGES, TANK, 105MM AND 120MM, ALL TYPES 300,368 300,368 ARTILLERY AMMUNITION 15 ARTILLERY CARTRIDGES, 75MM & 105MM, ALL TYPES 21,298 21,298 16 ARTILLERY PROJECTILE, 155MM, ALL TYPES 150,839 150,839 18 PRECISION ARTILLERY MUNITIONS 96,406 96,406 19 ARTILLERY PROPELLANTS, FUZES AND PRIMERS, ALL 172,947 172,947 MINES 20 MINES & CLEARING CHARGES, ALL TYPES 71,182 71,182 21 CLOSE TERRAIN SHAPING OBSTACLE 55,374 55,374 ROCKETS 22 SHOULDER LAUNCHED MUNITIONS, ALL TYPES 18,630 18,630 23 ROCKET, HYDRA 70, ALL TYPES 87,293 87,293 OTHER AMMUNITION 24 CAD/PAD, ALL TYPES 6,564 6,564 25 DEMOLITION MUNITIONS, ALL TYPES 24,238 24,238 26 GRENADES, ALL TYPES 48,374 48,374 27 SIGNALS, ALL TYPES 23,252 23,252 28 SIMULATORS, ALL TYPES 11,309 11,309 MISCELLANEOUS 30 AMMO COMPONENTS, ALL TYPES 3,976 3,976 31 NON-LETHAL AMMUNITION, ALL TYPES 3,281 3,281 32 ITEMS LESS THAN $5 MILLION (AMMO) 17,436 17,436 33 AMMUNITION PECULIAR EQUIPMENT 13,133 13,133 34 FIRST DESTINATION TRANSPORTATION (AMMO) 18,068 18,068 35 CLOSEOUT LIABILITIES 102 102 PRODUCTION BASE SUPPORT 36 INDUSTRIAL FACILITIES 726,135 726,135 37 CONVENTIONAL MUNITIONS DEMILITARIZATION 183,752 183,752 38 ARMS INITIATIVE 4,057 4,057 TOTAL PROCUREMENT OF AMMUNITION, ARMY 2,967,578 2,967,578 OTHER PROCUREMENT, ARMY TACTICAL VEHICLES 1 SEMITRAILERS, FLATBED: 22,751 22,751 2 SEMITRAILERS, TANKERS 40,359 40,359 3 HI MOB MULTI-PURP WHLD VEH (HMMWV) 25,904 25,904 4 GROUND MOBILITY VEHICLES (GMV) 36,223 36,223 6 JOINT LIGHT TACTICAL VEHICLE FAMILY OF VEHICL 839,413 839,413 7 TRUCK, DUMP, 20T (CCE) 20,075 20,075 8 FAMILY OF MEDIUM TACTICAL VEH (FMTV) 110,734 110,734 9 FAMILY OF COLD WEATHER ALL-TERRAIN VEHICLE (C 28,745 28,745 10 FIRETRUCKS & ASSOCIATED FIREFIGHTING EQUIP 55,340 55,340 11 FAMILY OF HEAVY TACTICAL VEHICLES (FHTV) 66,428 66,428 12 PLS ESP 51,868 51,868 14 TACTICAL WHEELED VEHICLE PROTECTION KITS 3,792 3,792 15 MODIFICATION OF IN SVC EQUIP 80,326 80,326 NON-TACTICAL VEHICLES 16 PASSENGER CARRYING VEHICLES 2,203 2,203 17 NONTACTICAL VEHICLES, OTHER 8,246 8,246 COMM—JOINT COMMUNICATIONS 18 SIGNAL MODERNIZATION PROGRAM 161,585 161,585 19 TACTICAL NETWORK TECHNOLOGY MOD IN SVC 358,646 358,646 20 DISASTER INCIDENT RESPONSE COMMS TERMINAL (DI 254 254 21 JCSE EQUIPMENT (USRDECOM) 5,097 5,097 COMM—SATELLITE COMMUNICATIONS 24 DEFENSE ENTERPRISE WIDEBAND SATCOM SYSTEMS 101,181 101,181 25 TRANSPORTABLE TACTICAL COMMAND COMMUNICATIONS 54,849 54,849 26 SHF TERM 41,634 41,634 27 ASSURED POSITIONING, NAVIGATION AND TIMING 202,370 202,370 28 EHF SATELLITE COMMUNICATION 19,122 19,122 30 GLOBAL BRDCST SVC—GBS 531 531 COMM—C3 SYSTEM 31 COE TACTICAL SERVER INFRASTRUCTURE (TSI) 77,999 77,999 COMM—COMBAT COMMUNICATIONS 32 HANDHELD MANPACK SMALL FORM FIT (HMS) 765,109 765,109 33 ARMY LINK 16 SYSTEMS 60,767 60,767 35 UNIFIED COMMAND SUITE 18,999 18,999 36 COTS COMMUNICATIONS EQUIPMENT 492,001 492,001 37 FAMILY OF MED COMM FOR COMBAT CASUALTY CARE 1,374 1,374 38 ARMY COMMUNICATIONS & ELECTRONICS 52,485 52,485 COMM—INTELLIGENCE COMM 39 CI AUTOMATION ARCHITECTURE-INTEL 16,767 16,767 41 MULTI-DOMAIN INTELLIGENCE 119,989 119,989 INFORMATION SECURITY 42 INFORMATION SYSTEM SECURITY PROGRAM-ISSP 701 701 43 COMMUNICATIONS SECURITY (COMSEC) 159,712 159,712 44 DEFENSIVE CYBER OPERATIONS 13,848 13,848 45 INSIDER THREAT PROGRAM—UNIT ACTIVITY MONITO 1,502 1,502 47 BIOMETRIC ENABLING CAPABILITY (BEC) 453 453 COMM—LONG HAUL COMMUNICATIONS 49 BASE SUPPORT COMMUNICATIONS 23,278 23,278 COMM—BASE COMMUNICATIONS 50 INFORMATION SYSTEMS 32,608 32,608 51 EMERGENCY MANAGEMENT MODERNIZATION PROGRAM 4,949 4,949 52 INSTALLATION INFO INFRASTRUCTURE MOD PROGRAM 243,011 243,011 ELECT EQUIP—TACT INT REL ACT (TIARA) 55 JTT/CIBS-M 8,543 8,543 56 TERRESTRIAL LAYER SYSTEMS (TLS) 85,486 85,486 58 DCGS-A-INTEL 2,980 2,980 60 TROJAN 30,649 30,649 61 MOD OF IN-SVC EQUIP (INTEL SPT) 4,169 4,169 62 BIOMETRIC TACTICAL COLLECTION DEVICES 932 932 ELECT EQUIP—ELECTRONIC WARFARE (EW) 63 EW PLANNING & MANAGEMENT TOOLS (EWPMT) 21,278 21,278 64 AIR VIGILANCE (AV) 6,641 6,641 65 MULTI-FUNCTION ELECTRONIC WARFARE (MFEW) SYST 15,941 15,941 67 COUNTERINTELLIGENCE/SECURITY COUNTERMEASURES 22,833 22,833 68 CI MODERNIZATION 434 434 ELECT EQUIP—TACTICAL SURV. (TAC SURV) 69 SENTINEL MODS 161,886 161,886 70 NIGHT VISION DEVICES 141,143 141,143 71 SMALL TACTICAL OPTICAL RIFLE MOUNTED MLRF 15,484 15,484 73 FAMILY OF WEAPON SIGHTS (FWS) 185,634 185,634 74 ENHANCED PORTABLE INDUCTIVE ARTILLERY FUZE SE 3,652 3,652 75 FORWARD LOOKING INFRARED (IFLIR) 20,438 20,438 76 COUNTER SMALL UNMANNED AERIAL SYSTEM (C-SUAS) 365,376 365,376 77 JOINT BATTLE COMMAND—PLATFORM (JBC-P) 215,290 215,290 78 JOINT EFFECTS TARGETING SYSTEM (JETS) 8,932 8,932 79 COMPUTER BALLISTICS: LHMBC XM32 2,965 2,965 80 MORTAR FIRE CONTROL SYSTEM 8,024 8,024 81 MORTAR FIRE CONTROL SYSTEMS MODIFICATIONS 7,399 7,399 82 COUNTERFIRE RADARS 99,782 99,782 ELECT EQUIP—TACTICAL C2 SYSTEMS 83 ARMY COMMAND POST INTEGRATED INFRASTRUCTURE ( 78,512 78,512 84 FIRE SUPPORT C2 FAMILY 10,052 10,052 85 AIR & MSL DEFENSE PLANNING & CONTROL SYS 68,892 68,892 86 IAMD BATTLE COMMAND SYSTEM 412,556 412,556 87 LIFE CYCLE SOFTWARE SUPPORT (LCSS) 4,270 4,270 88 NETWORK MANAGEMENT INITIALIZATION AND SERVICE 37,194 37,194 89 GLOBAL COMBAT SUPPORT SYSTEM-ARMY (GCSS-A) 1,987 1,987 90 INTEGRATED PERSONNEL AND PAY SYSTEM-ARMY (IPP 5,318 5,318 91 MOD OF IN-SVC EQUIPMENT (ENFIRE) 4,997 4,997 ELECT EQUIP—AUTOMATION 92 ARMY TRAINING MODERNIZATION 10,130 10,130 93 AUTOMATED DATA PROCESSING EQUIP 61,489 61,489 94 ACCESSIONS INFORMATION ENVIRONMENT (AIE) 4,198 4,198 96 HIGH PERF COMPUTING MOD PGM (HPCMP) 76,053 76,053 97 CONTRACT WRITING SYSTEM 6,061 6,061 98 CSS COMMUNICATIONS 56,804 56,804 CLASSIFIED PROGRAMS 9999 CLASSIFIED PROGRAMS 1,781 1,781 CHEMICAL DEFENSIVE EQUIPMENT 102 BASE DEFENSE SYSTEMS (BDS) 70,781 70,781 103 CBRN DEFENSE 63,198 63,198 BRIDGING EQUIPMENT 104 TACTICAL BRIDGING 1,157 1,157 105 TACTICAL BRIDGE, FLOAT-RIBBON 82,228 82,228 106 BRIDGE SUPPLEMENTAL SET 4,414 4,414 ENGINEER (NON-CONSTRUCTION) EQUIPMENT 110 ROBOTICS AND APPLIQUE SYSTEMS 68,893 68,893 112 FAMILY OF BOATS AND MOTORS 4,785 4,785 COMBAT SERVICE SUPPORT EQUIPMENT 113 HEATERS AND ECU'S 7,617 7,617 115 PERSONNEL RECOVERY SUPPORT SYSTEM (PRSS) 5,356 5,356 116 GROUND SOLDIER SYSTEM 167,129 167,129 117 MOBILE SOLDIER POWER 15,967 15,967 118 FORCE PROVIDER 34,200 34,200 120 CARGO AERIAL DEL & PERSONNEL PARACHUTE SYSTEM 45,792 45,792 121 FAMILY OF ENGR COMBAT AND CONSTRUCTION SETS 12,118 12,118 PETROLEUM EQUIPMENT 123 QUALITY SURVEILLANCE EQUIPMENT 2,507 2,507 124 DISTRIBUTION SYSTEMS, PETROLEUM & WATER 40,989 40,989 MEDICAL EQUIPMENT 125 COMBAT SUPPORT MEDICAL 86,829 86,829 MAINTENANCE EQUIPMENT 126 MOBILE MAINTENANCE EQUIPMENT SYSTEMS 17,287 17,287 CONSTRUCTION EQUIPMENT 128 TRACTOR, FULL TRACKED 29,878 29,878 129 ALL TERRAIN CRANES 27,725 27,725 131 FAMILY OF DIVER SUPPORT EQUIPMENT 1,811 1,811 132 CONST EQUIP ESP 8,898 8,898 RAIL FLOAT CONTAINERIZATION EQUIPMENT 133 ARMY WATERCRAFT ESP 30,592 30,592 134 MANEUVER SUPPORT VESSEL (MSV) 149,449 149,449 GENERATORS 136 GENERATORS AND ASSOCIATED EQUIP 78,364 78,364 137 TACTICAL ELECTRIC POWER RECAPITALIZATION 11,088 11,088 MATERIAL HANDLING EQUIPMENT 138 FAMILY OF FORKLIFTS 12,982 12,982 TRAINING EQUIPMENT 139 COMBAT TRAINING CENTERS SUPPORT 56,619 56,619 140 TRAINING DEVICES, NONSYSTEM 226,379 226,379 141 SYNTHETIC TRAINING ENVIRONMENT (STE) 234,965 234,965 142 GAMING TECHNOLOGY IN SUPPORT OF ARMY TRAINING 9,698 9,698 TEST MEASURE AND DIG EQUIPMENT (TMD) 143 INTEGRATED FAMILY OF TEST EQUIPMENT (IFTE) 36,149 36,149 144 TEST EQUIPMENT MODERNIZATION (TEMOD) 32,623 32,623 OTHER SUPPORT EQUIPMENT 145 PHYSICAL SECURITY SYSTEMS (OPA3) 132,739 132,739 146 BASE LEVEL COMMON EQUIPMENT 34,460 34,460 147 MODIFICATION OF IN-SVC EQUIPMENT (OPA–3) 35,239 35,239 148 BUILDING, PRE-FAB, RELOCATABLE 31,011 31,011 149 SPECIAL EQUIPMENT FOR TEST AND EVALUATION 52,481 52,481 OPA2 151 INITIAL SPARES—C&E 9,169 9,169 TOTAL OTHER PROCUREMENT, ARMY 8,672,979 8,672,979 AIRCRAFT PROCUREMENT, NAVY COMBAT AIRCRAFT 1 F/A–18E/F (FIGHTER) HORNET 41,329 41,329 2 JOINT STRIKE FIGHTER CV 2,410,569 2,410,569 3 JOINT STRIKE FIGHTER CV 189,425 189,425 4 JSF STOVL 2,126,317 2,126,317 5 JSF STOVL 193,125 193,125 6 CH–53K (HEAVY LIFT) 1,698,050 1,698,050 7 CH–53K (HEAVY LIFT) 456,567 456,567 8 V–22 (MEDIUM LIFT) 27,216 27,216 9 H–1 UPGRADES (UH–1Y/AH–1Z) 4,292 4,292 10 P–8A POSEIDON 31,257 31,257 11 E–2D ADV HAWKEYE 182,817 182,817 TRAINER AIRCRAFT 13 MULTI-ENGINE TRAINING SYSTEM (METS) 289,141 289,141 OTHER AIRCRAFT 15 KC–130J 241,291 241,291 17 MQ–4 TRITON 416,010 416,010 19 MQ–8 UAV 1,546 1,546 21 MQ–25 545,697 545,697 22 MQ–25 50,576 50,576 23 MARINE GROUP 5 UAS 89,563 89,563 MODIFICATION OF AIRCRAFT 24 F–18 A-D UNIQUE 116,551 116,551 25 F–18E/F AND EA–18G MODERNIZATION AND SUSTAINM 605,416 605,416 26 MARINE GROUP 5 UAS SERIES 98,063 98,063 27 AEA SYSTEMS 24,110 24,110 28 AV–8 SERIES 22,829 22,829 29 INFRARED SEARCH AND TRACK (IRST) 179,193 179,193 30 ADVERSARY 69,336 69,336 31 F–18 SERIES 640,236 640,236 32 H–53 SERIES 41,414 41,414 33 MH–60 SERIES 106,495 106,495 34 H–1 SERIES 114,284 114,284 35 EP–3 SERIES 8,548 8,548 36 E–2 SERIES 183,246 183,246 37 TRAINER A/C SERIES 16,376 16,376 39 C–130 SERIES 198,220 198,220 40 FEWSG 651 651 41 CARGO/TRANSPORT A/C SERIES 13,930 13,930 42 E–6 SERIES 164,571 164,571 43 EXECUTIVE HELICOPTERS SERIES 60,498 60,498 44 T–45 SERIES 170,357 170,357 45 POWER PLANT CHANGES 21,079 21,079 46 JPATS SERIES 28,005 28,005 48 COMMON ECM EQUIPMENT 53,614 53,614 49 COMMON AVIONICS CHANGES 136,199 136,199 50 COMMON DEFENSIVE WEAPON SYSTEM 6,585 6,585 51 ID SYSTEMS 13,085 13,085 52 P–8 SERIES 316,168 316,168 53 MAGTF EW FOR AVIATION 24,901 24,901 54 MQ–8 SERIES 14,700 14,700 55 V–22 (TILT/ROTOR ACFT) OSPREY 215,997 215,997 56 NEXT GENERATION JAMMER (NGJ) 426,396 426,396 57 F–35 STOVL SERIES 311,921 311,921 58 F–35 CV SERIES 166,909 166,909 59 QRC 28,206 28,206 60 MQ–4 SERIES 93,951 93,951 AIRCRAFT SPARES AND REPAIR PARTS 62 SPARES AND REPAIR PARTS 2,451,244 2,451,244 AIRCRAFT SUPPORT EQUIP & FACILITIES 63 COMMON GROUND EQUIPMENT 566,156 566,156 64 AIRCRAFT INDUSTRIAL FACILITIES 133,815 133,815 65 WAR CONSUMABLES 44,632 44,632 66 OTHER PRODUCTION CHARGES 49,907 49,907 67 SPECIAL SUPPORT EQUIPMENT 404,178 404,178 TOTAL AIRCRAFT PROCUREMENT, NAVY 17,336,760 17,336,760 WEAPONS PROCUREMENT, NAVY MODIFICATION OF MISSILES 1 CONVENTIONAL PROMPT STRIKE 341,434 341,434 2 TRIDENT II MODS 1,284,705 1,284,705 SUPPORT EQUIPMENT & FACILITIES 3 MISSILE INDUSTRIAL FACILITIES 7,954 7,954 STRATEGIC MISSILES 4 TOMAHAWK 72,908 72,908 TACTICAL MISSILES 5 AMRAAM 439,153 439,153 6 SIDEWINDER 78,165 78,165 7 STANDARD MISSILE 969,525 969,525 8 STANDARD MISSILE 227,320 227,320 9 SMALL DIAMETER BOMB II 65,863 65,863 10 RAM 114,896 114,896 11 JOINT AIR GROUND MISSILE (JAGM) 79,292 79,292 12 HELLFIRE 6,923 6,923 13 AERIAL TARGETS 176,588 176,588 14 OTHER MISSILE SUPPORT 3,687 3,687 15 LRASM 639,636 639,636 16 NAVAL STRIKE MISSILE (NSM) 29,925 29,925 17 NAVAL STRIKE MISSILE (NSM) 5,755 5,755 MODIFICATION OF MISSILES 18 TOMAHAWK MODS 540,944 540,944 19 ESSM 290,129 290,129 20 AARGM-ER 162,429 162,429 21 AARGM-ER 33,273 33,273 22 STANDARD MISSILES MODS 89,255 89,255 SUPPORT EQUIPMENT & FACILITIES 23 WEAPONS INDUSTRIAL FACILITIES 2,037 2,037 ORDNANCE SUPPORT EQUIPMENT 25 ORDNANCE SUPPORT EQUIPMENT 208,154 208,154 TORPEDOES AND RELATED EQUIP 26 SSTD 4,830 4,830 27 MK–48 TORPEDO 308,497 308,497 28 ASW TARGETS 14,817 14,817 MOD OF TORPEDOES AND RELATED EQUIP 29 MK–54 TORPEDO MODS 104,086 104,086 30 MK–48 TORPEDO ADCAP MODS 20,714 20,714 31 MARITIME MINES 58,800 58,800 SUPPORT EQUIPMENT 32 TORPEDO SUPPORT EQUIPMENT 133,187 133,187 33 ASW RANGE SUPPORT 4,146 4,146 DESTINATION TRANSPORTATION 34 FIRST DESTINATION TRANSPORTATION 5,811 5,811 GUNS AND GUN MOUNTS 35 SMALL ARMS AND WEAPONS 14,165 14,165 MODIFICATION OF GUNS AND GUN MOUNTS 36 CIWS MODS 4,088 4,088 37 COAST GUARD WEAPONS 55,172 55,172 38 GUN MOUNT MODS 82,682 82,682 39 LCS MODULE WEAPONS 3,264 3,264 40 AIRBORNE MINE NEUTRALIZATION SYSTEMS 14,357 14,357 SPARES AND REPAIR PARTS 42 SPARES AND REPAIR PARTS 177,819 177,819 TOTAL WEAPONS PROCUREMENT, NAVY 6,876,385 6,876,385 PROCUREMENT OF AMMO, NAVY & MC NAVY AMMUNITION 1 GENERAL PURPOSE BOMBS 43,519 43,519 2 JDAM 73,689 73,689 3 AIRBORNE ROCKETS, ALL TYPES 67,423 67,423 4 MACHINE GUN AMMUNITION 11,862 11,862 5 PRACTICE BOMBS 52,481 52,481 6 CARTRIDGES & CART ACTUATED DEVICES 72,426 72,426 7 AIR EXPENDABLE COUNTERMEASURES 104,529 104,529 8 JATOS 7,433 7,433 9 5 INCH/54 GUN AMMUNITION 30,871 30,871 10 INTERMEDIATE CALIBER GUN AMMUNITION 41,261 41,261 11 OTHER SHIP GUN AMMUNITION 44,044 44,044 12 SMALL ARMS & LANDING PARTY AMMO 48,478 48,478 13 PYROTECHNIC AND DEMOLITION 9,521 9,521 14 AMMUNITION LESS THAN $5 MILLION 1,679 1,679 15 EXPEDITIONARY LOITERING MUNITIONS 249,575 249,575 MARINE CORPS AMMUNITION 16 MORTARS 61,274 61,274 17 DIRECT SUPPORT MUNITIONS 73,338 73,338 18 INFANTRY WEAPONS AMMUNITION 178,240 178,240 19 COMBAT SUPPORT MUNITIONS 15,897 15,897 20 AMMO MODERNIZATION 17,941 17,941 21 ARTILLERY MUNITIONS 82,452 82,452 22 ITEMS LESS THAN $5 MILLION 5,340 5,340 TOTAL PROCUREMENT OF AMMO, NAVY & MC 1,293,273 1,293,273 SHIPBUILDING AND CONVERSION, NAVY FLEET BALLISTIC MISSILE SHIPS 1 OHIO REPLACEMENT SUBMARINE 2,443,598 2,443,598 2 OHIO REPLACEMENT SUBMARINE 3,390,734 3,390,734 OTHER WARSHIPS 3 CARRIER REPLACEMENT PROGRAM 1,115,296 1,115,296 4 CVN–81 800,492 800,492 5 VIRGINIA CLASS SUBMARINE 7,129,965 7,129,965 6 VIRGINIA CLASS SUBMARINE 3,215,539 3,215,539 8 CVN REFUELING OVERHAULS 817,646 817,646 9 DDG 1000 410,400 410,400 10 DDG–51 4,199,179 4,199,179 11 DDG–51 284,035 284,035 13 FFG-FRIGATE 2,173,698 2,173,698 AMPHIBIOUS SHIPS 14 LPD FLIGHT II 0 1,863,000 Program increase for LPD–33—USMC UFR [1,863,000] 18 LHA REPLACEMENT 1,830,149 1,830,149 AUXILIARIES, CRAFT AND PRIOR YR PROGRAM COST 21 AS SUBMARINE TENDER 1,733,234 1,733,234 22 TAO FLEET OILER 815,420 815,420 25 LCU 1700 62,532 62,532 26 OUTFITTING 557,365 557,365 28 SERVICE CRAFT 63,815 63,815 29 AUXILIARY PERSONNEL LIGHTER 0 72,000 Additional APL–67 class berthing barge [72,000] 30 LCAC SLEP 15,286 15,286 31 AUXILIARY VESSELS (USED SEALIFT) 142,008 142,008 32 COMPLETION OF PY SHIPBUILDING PROGRAMS 1,648,559 1,648,559 TOTAL SHIPBUILDING AND CONVERSION, NAVY 32,848,950 34,783,950 OTHER PROCUREMENT, NAVY SHIP PROPULSION EQUIPMENT 1 SURFACE POWER EQUIPMENT 14,003 14,003 GENERATORS 2 SURFACE COMBATANT HM&E 105,441 105,441 NAVIGATION EQUIPMENT 3 OTHER NAVIGATION EQUIPMENT 110,286 110,286 OTHER SHIPBOARD EQUIPMENT 4 SUB PERISCOPE, IMAGING AND SUPT EQUIP PROG 262,951 262,951 5 DDG MOD 628,532 628,532 6 FIREFIGHTING EQUIPMENT 34,782 34,782 7 COMMAND AND CONTROL SWITCHBOARD 2,458 2,458 8 LHA/LHD MIDLIFE 104,369 104,369 9 LCC 19/20 EXTENDED SERVICE LIFE PROGRAM 10,529 10,529 10 POLLUTION CONTROL EQUIPMENT 23,272 23,272 11 SUBMARINE SUPPORT EQUIPMENT 112,526 112,526 12 VIRGINIA CLASS SUPPORT EQUIPMENT 32,076 32,076 13 LCS CLASS SUPPORT EQUIPMENT 18,832 18,832 14 SUBMARINE BATTERIES 28,221 28,221 15 LPD CLASS SUPPORT EQUIPMENT 91,890 91,890 16 DDG 1000 CLASS SUPPORT EQUIPMENT 232,124 232,124 17 STRATEGIC PLATFORM SUPPORT EQUIP 25,058 25,058 18 DSSP EQUIPMENT 4,623 4,623 20 LCAC 10,794 10,794 21 UNDERWATER EOD EQUIPMENT 19,549 19,549 22 ITEMS LESS THAN $5 MILLION 86,001 86,001 23 CHEMICAL WARFARE DETECTORS 3,288 3,288 REACTOR PLANT EQUIPMENT 24 SHIP MAINTENANCE, REPAIR AND MODERNIZATION 2,746,313 2,746,313 25 REACTOR POWER UNITS 2,016 2,016 26 REACTOR COMPONENTS 390,148 390,148 OCEAN ENGINEERING 27 DIVING AND SALVAGE EQUIPMENT 18,086 18,086 SMALL BOATS 28 STANDARD BOATS 74,963 74,963 PRODUCTION FACILITIES EQUIPMENT 29 OPERATING FORCES IPE 187,495 187,495 OTHER SHIP SUPPORT 30 LCS COMMON MISSION MODULES EQUIPMENT 49,060 49,060 31 LCS MCM MISSION MODULES 93,961 93,961 33 LCS SUW MISSION MODULES 12,102 12,102 34 LCS IN-SERVICE MODERNIZATION 171,704 171,704 35 SMALL & MEDIUM UUV 61,951 61,951 LOGISTIC SUPPORT 36 LSD MIDLIFE & MODERNIZATION 7,594 7,594 SHIP SONARS 37 SPQ–9B RADAR 7,267 7,267 38 AN/SQQ–89 SURF ASW COMBAT SYSTEM 138,065 138,065 39 SSN ACOUSTIC EQUIPMENT 463,577 463,577 40 UNDERSEA WARFARE SUPPORT EQUIPMENT 23,452 23,452 ASW ELECTRONIC EQUIPMENT 41 SUBMARINE ACOUSTIC WARFARE SYSTEM 46,726 46,726 42 SSTD 14,560 14,560 43 FIXED SURVEILLANCE SYSTEM 420,069 420,069 44 SURTASS 33,910 33,910 ELECTRONIC WARFARE EQUIPMENT 45 AN/SLQ–32 329,513 329,513 RECONNAISSANCE EQUIPMENT 46 SHIPBOARD IW EXPLOIT 379,230 379,230 47 AUTOMATED IDENTIFICATION SYSTEM (AIS) 4,082 4,082 OTHER SHIP ELECTRONIC EQUIPMENT 48 COOPERATIVE ENGAGEMENT CAPABILITY 37,677 37,677 49 NAVAL TACTICAL COMMAND SUPPORT SYSTEM (NTCSS) 15,374 15,374 50 ATDLS 50,148 50,148 51 NAVY COMMAND AND CONTROL SYSTEM (NCCS) 3,918 3,918 52 MINESWEEPING SYSTEM REPLACEMENT 16,814 16,814 54 NAVSTAR GPS RECEIVERS (SPACE) 37,319 37,319 55 AMERICAN FORCES RADIO AND TV SERVICE 2,750 2,750 56 STRATEGIC PLATFORM SUPPORT EQUIP 6,437 6,437 AVIATION ELECTRONIC EQUIPMENT 57 ASHORE ATC EQUIPMENT 89,237 89,237 58 AFLOAT ATC EQUIPMENT 90,487 90,487 59 ID SYSTEMS 59,234 59,234 60 JOINT PRECISION APPROACH AND LANDING SYSTEM ( 3,343 3,343 61 NAVAL MISSION PLANNING SYSTEMS 39,180 39,180 OTHER SHORE ELECTRONIC EQUIPMENT 62 MARITIME INTEGRATED BROADCAST SYSTEM 6,994 6,994 63 TACTICAL/MOBILE C4I SYSTEMS 52,026 52,026 64 DCGS-N 16,579 16,579 65 CANES 467,587 467,587 66 RADIAC 16,475 16,475 67 CANES-INTELL 48,207 48,207 68 GPETE 25,761 25,761 69 MASF 16,475 16,475 70 INTEG COMBAT SYSTEM TEST FACILITY 6,345 6,345 71 EMI CONTROL INSTRUMENTATION 4,282 4,282 73 IN-SERVICE RADARS AND SENSORS 255,256 255,256 SHIPBOARD COMMUNICATIONS 74 BATTLE FORCE TACTICAL NETWORK 74,180 74,180 75 SHIPBOARD TACTICAL COMMUNICATIONS 29,776 29,776 76 SHIP COMMUNICATIONS AUTOMATION 96,916 96,916 77 COMMUNICATIONS ITEMS UNDER $5M 14,107 14,107 SUBMARINE COMMUNICATIONS 78 SUBMARINE BROADCAST SUPPORT 73,791 73,791 79 SUBMARINE COMMUNICATION EQUIPMENT 83,178 83,178 SATELLITE COMMUNICATIONS 80 SATELLITE COMMUNICATIONS SYSTEMS 72,871 72,871 81 NAVY MULTIBAND TERMINAL (NMT) 37,921 37,921 SHORE COMMUNICATIONS 82 JOINT COMMUNICATIONS SUPPORT ELEMENT (JCSE) 5,065 5,065 CRYPTOGRAPHIC EQUIPMENT 83 INFO SYSTEMS SECURITY PROGRAM (ISSP) 154,890 154,890 84 MIO INTEL EXPLOITATION TEAM 1,079 1,079 CRYPTOLOGIC EQUIPMENT 85 CRYPTOLOGIC COMMUNICATIONS EQUIP 17,483 17,483 OTHER ELECTRONIC SUPPORT 86 COAST GUARD EQUIPMENT 77,458 77,458 SONOBUOYS 88 SONOBUOYS—ALL TYPES 311,177 311,177 AIRCRAFT SUPPORT EQUIPMENT 89 MINOTAUR 5,396 5,396 90 WEAPONS RANGE SUPPORT EQUIPMENT 147,556 147,556 91 AIRCRAFT SUPPORT EQUIPMENT 162,273 162,273 92 ADVANCED ARRESTING GEAR (AAG) 11,930 11,930 93 ELECTROMAGNETIC AIRCRAFT LAUNCH SYSTEM (EMALS 17,836 17,836 94 METEOROLOGICAL EQUIPMENT 19,703 19,703 95 LEGACY AIRBORNE MCM 12,202 12,202 97 AVIATION SUPPORT EQUIPMENT 82,115 82,115 98 UMCS-UNMAN CARRIER AVIATION(UCA)MISSION CNTRL 152,687 152,687 99 ARCHITECT & CAP FOR AUTONOMY IN NAV ENTER (AR 1,612 1,612 SHIP GUN SYSTEM EQUIPMENT 100 SHIP GUN SYSTEMS EQUIPMENT 6,404 6,404 SHIP MISSILE SYSTEMS EQUIPMENT 101 HARPOON SUPPORT EQUIPMENT 227 227 102 SHIP MISSILE SUPPORT EQUIPMENT 294,511 294,511 103 TOMAHAWK SUPPORT EQUIPMENT 92,432 92,432 FBM SUPPORT EQUIPMENT 104 STRATEGIC MISSILE SYSTEMS EQUIP 325,318 325,318 ASW SUPPORT EQUIPMENT 105 SSN COMBAT CONTROL SYSTEMS 133,063 133,063 106 ASW SUPPORT EQUIPMENT 27,469 27,469 OTHER ORDNANCE SUPPORT EQUIPMENT 107 EXPLOSIVE ORDNANCE DISPOSAL EQUIP 27,864 27,864 108 ITEMS LESS THAN $5 MILLION 6,171 6,171 OTHER EXPENDABLE ORDNANCE 109 ANTI-SHIP MISSILE DECOY SYSTEM 56,630 56,630 110 SUBMARINE TRAINING DEVICE MODS 76,954 76,954 111 SURFACE TRAINING EQUIPMENT 209,487 209,487 CIVIL ENGINEERING SUPPORT EQUIPMENT 112 PASSENGER CARRYING VEHICLES 3,827 3,827 113 GENERAL PURPOSE TRUCKS 4,570 4,570 114 CONSTRUCTION & MAINTENANCE EQUIP 56,829 56,829 115 FIRE FIGHTING EQUIPMENT 16,583 16,583 116 TACTICAL VEHICLES 24,236 24,236 117 AMPHIBIOUS EQUIPMENT 4,504 4,504 118 POLLUTION CONTROL EQUIPMENT 3,898 3,898 119 ITEMS LESS THAN $5 MILLION 67,286 67,286 120 PHYSICAL SECURITY VEHICLES 1,286 1,286 SUPPLY SUPPORT EQUIPMENT 121 SUPPLY EQUIPMENT 33,258 33,258 122 FIRST DESTINATION TRANSPORTATION 6,977 6,977 123 SPECIAL PURPOSE SUPPLY SYSTEMS 659,529 659,529 TRAINING DEVICES 124 TRAINING SUPPORT EQUIPMENT 2,083 2,083 125 TRAINING AND EDUCATION EQUIPMENT 106,542 106,542 COMMAND SUPPORT EQUIPMENT 126 COMMAND SUPPORT EQUIPMENT 44,448 44,448 127 MEDICAL SUPPORT EQUIPMENT 12,529 12,529 129 NAVAL MIP SUPPORT EQUIPMENT 5,408 5,408 130 OPERATING FORCES SUPPORT EQUIPMENT 12,105 12,105 131 C4ISR EQUIPMENT 7,670 7,670 132 ENVIRONMENTAL SUPPORT EQUIPMENT 52,597 52,597 133 PHYSICAL SECURITY EQUIPMENT 108,901 108,901 134 ENTERPRISE INFORMATION TECHNOLOGY 42,154 42,154 OTHER 139 NEXT GENERATION ENTERPRISE SERVICE 177,585 177,585 140 CYBERSPACE ACTIVITIES 23,176 23,176 CLASSIFIED PROGRAMS 9999 CLASSIFIED PROGRAMS 16,290 16,290 SPARES AND REPAIR PARTS 142 SPARES AND REPAIR PARTS 645,900 645,900 143 VIRGINIA CLASS (VACL) SPARES AND REPAIR PARTS 470,000 470,000 TOTAL OTHER PROCUREMENT, NAVY 14,535,257 14,535,257 PROCUREMENT, MARINE CORPS TRACKED COMBAT VEHICLES 1 AAV7A1 PIP 3,353 3,353 2 AMPHIBIOUS COMBAT VEHICLE FAMILY OF VEHICLES 557,564 557,564 3 LAV PIP 42,052 42,052 ARTILLERY AND OTHER WEAPONS 4 155MM LIGHTWEIGHT TOWED HOWITZER 489 489 5 ARTILLERY WEAPONS SYSTEM 165,268 165,268 6 WEAPONS AND COMBAT VEHICLES UNDER $5 MILLION 14,004 14,004 GUIDED MISSILES 7 TOMAHAWK 105,192 105,192 8 NAVAL STRIKE MISSILE (NSM) 169,726 169,726 9 NAVAL STRIKE MISSILE (NSM) 39,244 39,244 10 GROUND BASED AIR DEFENSE 249,103 253,603 Program increase [4,500] 11 ANTI-ARMOR MISSILE-JAVELIN 54,883 54,883 12 FAMILY ANTI-ARMOR WEAPON SYSTEMS (FOAAWS) 23,627 23,627 13 ANTI-ARMOR MISSILE-TOW 2,007 2,007 14 GUIDED MLRS ROCKET (GMLRS) 8,867 8,867 COMMAND AND CONTROL SYSTEMS 15 COMMON AVIATION COMMAND AND CONTROL SYSTEM (C 75,382 75,382 REPAIR AND TEST EQUIPMENT 16 REPAIR AND TEST EQUIPMENT 53,590 53,590 OTHER SUPPORT (TEL) 17 MODIFICATION KITS 1,782 1,782 COMMAND AND CONTROL SYSTEM (NON-TEL) 18 ITEMS UNDER $5 MILLION (COMM & ELEC) 122,917 122,917 19 AIR OPERATIONS C2 SYSTEMS 23,744 23,744 RADAR + EQUIPMENT (NON-TEL) 20 GROUND/AIR TASK ORIENTED RADAR (G/ATOR) 66,291 66,291 INTELL/COMM EQUIPMENT (NON-TEL) 21 ELECTRO MAGNETIC SPECTRUM OPERATIONS (EMSO) 177,270 177,270 22 GCSS-MC 4,144 4,144 23 FIRE SUPPORT SYSTEM 58,483 58,483 24 INTELLIGENCE SUPPORT EQUIPMENT 148,062 148,062 26 UNMANNED AIR SYSTEMS (INTEL) 52,273 52,273 27 DCGS-MC 68,289 68,289 28 UAS PAYLOADS 19,088 19,088 OTHER SUPPORT (NON-TEL) 31 EXPEDITIONARY SUPPORT EQUIPMENT 2,010 2,010 32 MARINE CORPS ENTERPRISE NETWORK (MCEN) 259,044 259,044 33 COMMON COMPUTER RESOURCES 27,966 27,966 34 COMMAND POST SYSTEMS 71,109 71,109 35 RADIO SYSTEMS 544,059 544,059 36 COMM SWITCHING & CONTROL SYSTEMS 46,276 46,276 37 COMM & ELEC INFRASTRUCTURE SUPPORT 27,111 27,111 38 CYBERSPACE ACTIVITIES 27,583 27,583 40 UNMANNED EXPEDITIONARY SYSTEMS 13,564 13,564 CLASSIFIED PROGRAMS 9999 CLASSIFIED PROGRAMS 2,799 2,799 ADMINISTRATIVE VEHICLES 43 COMMERCIAL CARGO VEHICLES 34,169 34,169 TACTICAL VEHICLES 44 MOTOR TRANSPORT MODIFICATIONS 17,299 17,299 45 JOINT LIGHT TACTICAL VEHICLE 232,501 232,501 46 TRAILERS 2,034 2,034 ENGINEER AND OTHER EQUIPMENT 47 TACTICAL FUEL SYSTEMS 12,956 12,956 48 POWER EQUIPMENT ASSORTED 28,899 28,899 49 AMPHIBIOUS SUPPORT EQUIPMENT 15,691 15,691 50 EOD SYSTEMS 41,200 41,200 MATERIALS HANDLING EQUIPMENT 51 PHYSICAL SECURITY EQUIPMENT 53,949 53,949 GENERAL PROPERTY 52 FIELD MEDICAL EQUIPMENT 5,457 5,457 53 TRAINING DEVICES 96,577 96,577 54 FAMILY OF CONSTRUCTION EQUIPMENT 29,883 29,883 55 ULTRA-LIGHT TACTICAL VEHICLE (ULTV) 17,034 17,034 OTHER SUPPORT 56 ITEMS LESS THAN $5 MILLION 27,691 27,691 SPARES AND REPAIR PARTS 57 SPARES AND REPAIR PARTS 35,657 35,657 TOTAL PROCUREMENT, MARINE CORPS 3,979,212 3,983,712 AIRCRAFT PROCUREMENT, AIR FORCE STRATEGIC OFFENSIVE 1 B–21 RAIDER 1,617,093 1,617,093 2 B–21 RAIDER 708,000 708,000 TACTICAL FORCES 3 F–35 4,877,121 4,877,121 4 F–35 402,000 402,000 5 F–15EX 2,670,039 2,469,591 DAF requested realignment of funds [–200,448] 6 F–15EX 228,000 228,000 TACTICAL AIRLIFT 7 KC–46A MDAP 2,882,590 2,882,590 OTHER AIRLIFT 8 C–130J 34,921 34,921 HELICOPTERS 11 MH–139A 228,807 228,807 12 COMBAT RESCUE HELICOPTER 282,533 282,533 MISSION SUPPORT AIRCRAFT 13 CIVIL AIR PATROL A/C 3,013 3,013 OTHER AIRCRAFT 15 TARGET DRONES 42,226 42,226 17 E–11 BACN/HAG 67,367 67,367 STRATEGIC AIRCRAFT 19 B–2A 107,980 107,980 20 B–1B 12,757 9,782 DAF requested realignment of funds [–2,975] 21 B–52 65,815 51,798 DAF requested realignment of funds [–14,017] 22 LARGE AIRCRAFT INFRARED COUNTERMEASURES 21,723 21,723 TACTICAL AIRCRAFT 24 E–11 BACN/HAG 58,923 58,923 25 F–15 34,830 155,278 DAF requested realignment of funds [120,448] 26 F–16 297,342 297,342 27 F–22A 794,676 794,676 28 F–35 MODIFICATIONS 451,798 451,798 29 F–15 EPAW 280,658 280,658 AIRLIFT AIRCRAFT 31 C–5 24,377 24,377 32 C–17A 140,560 140,560 33 C–32A 19,060 19,060 34 C–37A 13,454 13,454 TRAINER AIRCRAFT 35 GLIDER MODS 5,270 5,270 36 T–6 2,942 2,942 37 T–1 10,950 10,950 38 T–38 125,340 125,340 OTHER AIRCRAFT 40 U–2 MODS 54,727 54,727 42 C–12 446 446 44 VC–25A MOD 29,707 29,707 45 C–40 8,921 8,921 46 C–130 71,177 71,177 47 C–130J MODS 121,258 121,258 48 C–135 153,595 153,595 49 COMPASS CALL 144,686 144,686 50 COMBAT FLIGHT INSPECTION—CFIN 446 446 51 RC–135 220,138 240,138 RC–135 alternate PNT upgrades [20,000] 52 E–3 1,350 1,350 53 E–4 13,055 13,055 56 H–1 816 816 57 H–60 4,207 4,207 60 HC/MC–130 MODIFICATIONS 101,055 101,055 61 OTHER AIRCRAFT 54,134 73,403 DAF requested realignment of funds [11,619] DAF requested realignment of funds for SLPA-A [7,650] 62 MQ–9 MODS 98,063 98,063 64 SENIOR LEADER C3 SYSTEM—AIRCRAFT 24,847 24,847 65 CV–22 MODS 153,006 153,006 AIRCRAFT SPARES AND REPAIR PARTS 66 INITIAL SPARES/REPAIR PARTS 781,521 772,877 DAF requested realignment of funds [–8,644] COMMON SUPPORT EQUIPMENT 67 AIRCRAFT REPLACEMENT SUPPORT EQUIP 157,664 157,664 POST PRODUCTION SUPPORT 68 B–2A 1,838 1,838 69 B–2B 15,207 15,207 72 MC–130J 10,117 10,117 74 F–16 1,075 1,075 75 F–22A 38,418 38,418 INDUSTRIAL PREPAREDNESS 79 INDUSTRIAL RESPONSIVENESS 18,874 18,874 WAR CONSUMABLES 80 WAR CONSUMABLES 27,482 27,482 OTHER PRODUCTION CHARGES 81 OTHER PRODUCTION CHARGES 1,478,044 1,558,044 DAF requested realignment of funds [80,000] CLASSIFIED PROGRAMS 9999 CLASSIFIED PROGRAMS 17,165 17,165 TOTAL AIRCRAFT PROCUREMENT, AIR FORCE 20,315,204 20,328,837 MISSILE PROCUREMENT, AIR FORCE MISSILE REPLACEMENT EQUIPMENT—BALLISTIC 1 MISSILE REPLACEMENT EQ-BALLISTIC 69,319 69,319 BALLISTIC MISSILES 3 GROUND BASED STRATEGIC DETERRENT 539,300 539,300 STRATEGIC TACTICAL 4 LONG RANGE STAND-OFF WEAPON 66,816 66,816 5 REPLAC EQUIP & WAR CONSUMABLES 37,318 37,318 6 JOINT AIR-SURFACE STANDOFF MISSILE 915,996 915,996 7 JOINT AIR-SURFACE STANDOFF MISSILE 769,672 769,672 8 JOINT STRIKE MISSILE 161,011 161,011 9 LRASM0 87,796 87,796 10 LRASM0 99,871 99,871 11 SIDEWINDER (AIM–9X) 95,643 95,643 12 AMRAAM 489,049 489,049 13 AMRAAM 212,410 212,410 14 PREDATOR HELLFIRE MISSILE 1,049 1,049 15 SMALL DIAMETER BOMB 48,734 48,734 16 SMALL DIAMETER BOMB II 291,553 291,553 17 STAND-IN ATTACK WEAPON (SIAW) 41,947 41,947 INDUSTRIAL FACILITIES 18 INDUSTRIAL PREPAREDNESS/POL PREVENTION 793 793 CLASS IV 19 ICBM FUZE MOD 115,745 115,745 20 ICBM FUZE MOD 43,044 43,044 21 MM III MODIFICATIONS 48,639 48,639 22 AIR LAUNCH CRUISE MISSILE (ALCM) 41,494 41,494 MISSILE SPARES AND REPAIR PARTS 23 MSL SPRS/REPAIR PARTS (INITIAL) 6,840 6,840 24 MSL SPRS/REPAIR PARTS (REPLEN) 75,191 75,191 SPECIAL PROGRAMS 29 SPECIAL UPDATE PROGRAMS 419,498 419,498 CLASSIFIED PROGRAMS 9999 CLASSIFIED PROGRAMS 851,718 851,718 TOTAL MISSILE PROCUREMENT, AIR FORCE 5,530,446 5,530,446 PROCUREMENT OF AMMUNITION, AIR FORCE ROCKETS 1 ROCKETS 18,483 18,483 CARTRIDGES 2 CARTRIDGES 101,104 101,104 BOMBS 4 GENERAL PURPOSE BOMBS 142,118 142,118 5 MASSIVE ORDNANCE PENETRATOR (MOP) 14,074 14,074 6 JOINT DIRECT ATTACK MUNITION 132,364 132,364 7 B–61 68 68 8 B61–12 TRAINER 10,100 10,100 OTHER ITEMS 9 CAD/PAD 51,487 51,487 10 EXPLOSIVE ORDNANCE DISPOSAL (EOD) 6,707 6,707 11 SPARES AND REPAIR PARTS 585 585 13 FIRST DESTINATION TRANSPORTATION 2,299 2,299 14 ITEMS LESS THAN $5,000,000 5,115 5,115 FLARES 15 EXPENDABLE COUNTERMEASURES 79,786 79,786 FUZES 16 FUZES 109,562 109,562 SMALL ARMS 17 SMALL ARMS 29,306 29,306 TOTAL PROCUREMENT OF AMMUNITION, AIR FORCE 703,158 703,158 PROCUREMENT, SPACE FORCE SPACE PROCUREMENT, SF 1 AF SATELLITE COMM SYSTEM 64,345 64,345 3 COUNTERSPACE SYSTEMS 52,665 52,665 4 FAMILY OF BEYOND LINE-OF-SIGHT TERMINALS 25,057 25,057 5 FABT FORCE ELEMENT TERMINAL 121,634 121,634 7 GENERAL INFORMATION TECH—SPACE 3,451 3,451 8 GPSIII FOLLOW ON 119,700 119,700 9 GPS III SPACE SEGMENT 121,770 121,770 10 GLOBAL POSTIONING (SPACE) 893 893 11 HERITAGE TRANSITION 6,110 6,110 12 JOINT TACTICAL GROUND STATIONS 580 580 13 SPACEBORNE EQUIP (COMSEC) 83,168 83,168 14 MILSATCOM 44,672 44,672 15 SBIR HIGH (SPACE) 39,438 39,438 16 SPECIAL SPACE ACTIVITIES 840,913 380,213 Space Force realignment of funds [–497,000] Space Force Unfunded Priorities List Classified Program A [36,300] 17 MOBILE USER OBJECTIVE SYSTEM 101,147 101,147 18 NATIONAL SECURITY SPACE LAUNCH 2,142,846 2,142,846 20 PTES HUB 56,482 56,482 21 ROCKET SYSTEMS LAUNCH PROGRAM 74,848 74,848 22 SPACE DEVELOPMENT AGENCY LAUNCH 529,468 529,468 23 SPACE MODS 166,596 166,596 24 SPACELIFT RANGE SYSTEM SPACE 114,505 114,505 SPARES 25 SPARES AND REPAIR PARTS 906 906 SUPPORT EQUIPMENT 26 POWER CONDITIONING EQUIPMENT 3,100 3,100 TOTAL PROCUREMENT, SPACE FORCE 4,714,294 4,253,594 OTHER PROCUREMENT, AIR FORCE PASSENGER CARRYING VEHICLES 1 PASSENGER CARRYING VEHICLES 6,123 6,123 CARGO AND UTILITY VEHICLES 2 MEDIUM TACTICAL VEHICLE 3,961 3,961 3 CAP VEHICLES 1,027 1,027 4 CARGO AND UTILITY VEHICLES 45,036 47,338 DAF requested realignment of funds [328] DAF requested realignment of funds from OMAF SAG 11R [1,974] SPECIAL PURPOSE VEHICLES 5 JOINT LIGHT TACTICAL VEHICLE 57,780 57,780 6 SECURITY AND TACTICAL VEHICLES 390 390 7 SPECIAL PURPOSE VEHICLES 79,023 82,803 DAF requested realignment of funds [340] DAF requested realignment of funds from OMAF SAG 11R [3,440] FIRE FIGHTING EQUIPMENT 8 FIRE FIGHTING/CRASH RESCUE VEHICLES 70,252 70,252 MATERIALS HANDLING EQUIPMENT 9 MATERIALS HANDLING VEHICLES 73,805 75,895 DAF requested realignment of funds from OMAF SAG 11R [1,805] DAF requested realignment of funds from OPAF line 11 [285] BASE MAINTENANCE SUPPORT 10 RUNWAY SNOW REMOV AND CLEANING EQU 22,030 22,030 11 BASE MAINTENANCE SUPPORT VEHICLES 223,354 240,634 DAF requested realignment of funds [–953] DAF requested realignment of funds from OMAF SAG 11R [18,233] COMM SECURITY EQUIPMENT(COMSEC) 13 COMSEC EQUIPMENT 98,600 98,600 INTELLIGENCE PROGRAMS 15 INTERNATIONAL INTEL TFECH & ARCHITECTURES 5,393 5,393 16 INTELLIGENCE TRAINING EQUIPMENT 5,012 5,012 17 INTELLIGENCE COMM EQUIPMENT 40,042 40,042 ELECTRONICS PROGRAMS 18 AIR TRAFFIC CONTROL & LANDING SYS 67,581 67,581 19 NATIONAL AIRSPACE SYSTEM 3,841 3,841 20 BATTLE CONTROL SYSTEM—FIXED 1,867 1,867 22 3D EXPEDITIONARY LONG-RANGE RADAR 83,735 83,735 23 WEATHER OBSERVATION FORECAST 28,530 28,530 24 STRATEGIC COMMAND AND CONTROL 73,593 73,593 25 CHEYENNE MOUNTAIN COMPLEX 8,221 8,221 26 MISSION PLANNING SYSTEMS 17,078 17,078 29 STRATEGIC MISSION PLANNING & EXECUTION SYSTEM 3,861 3,861 SPCL COMM-ELECTRONICS PROJECTS 30 GENERAL INFORMATION TECHNOLOGY 206,142 237,093 DAF requested realignment of funds [30,951] 31 AF GLOBAL COMMAND & CONTROL SYS 2,582 2,582 32 BATTLEFIELD AIRBORNE CONTROL NODE (BACN) 30 30 33 MOBILITY COMMAND AND CONTROL 3,768 3,768 34 AIR FORCE PHYSICAL SECURITY SYSTEM 208,704 208,704 35 COMBAT TRAINING RANGES 346,340 346,340 36 MINIMUM ESSENTIAL EMERGENCY COMM N 84,102 84,102 37 WIDE AREA SURVEILLANCE (WAS) 11,594 11,594 38 C3 COUNTERMEASURES 148,818 148,818 44 AIR & SPACE OPERATIONS CENTER (AOC) 5,032 5,032 AIR FORCE COMMUNICATIONS 46 BASE INFORMATION TRANSPT INFRAST (BITI) WIRED 108,532 322,704 DAF requested realignment of funds [214,172] 47 AFNET 154,911 154,911 48 JOINT COMMUNICATIONS SUPPORT ELEMENT (JCSE) 5,381 5,381 49 USCENTCOM 18,025 18,025 50 USSTRATCOM 4,436 4,436 51 USSPACECOM 27,073 27,073 ORGANIZATION AND BASE 52 TACTICAL C-E EQUIPMENT 226,819 226,819 53 RADIO EQUIPMENT 30,407 30,407 54 BASE COMM INFRASTRUCTURE 113,563 113,563 MODIFICATIONS 55 COMM ELECT MODS 98,224 98,224 PERSONAL SAFETY & RESCUE EQUIP 56 PERSONAL SAFETY AND RESCUE EQUIPMENT 60,473 60,473 DEPOT PLANT+MTRLS HANDLING EQ 57 POWER CONDITIONING EQUIPMENT 9,235 9,235 58 MECHANIZED MATERIAL HANDLING EQUIP 15,662 15,662 BASE SUPPORT EQUIPMENT 59 BASE PROCURED EQUIPMENT 77,875 77,875 60 ENGINEERING AND EOD EQUIPMENT 280,734 288,968 DAF requested realignment of funds [2,284] DAF requested realignment of funds from OMAF SAG 11R [5,950] 61 MOBILITY EQUIPMENT 207,071 232,271 DAF requested realignment of funds from OMAF SAG 11R [25,200] 62 FUELS SUPPORT EQUIPMENT (FSE) 218,790 218,790 63 BASE MAINTENANCE AND SUPPORT EQUIPMENT 51,914 51,914 SPECIAL SUPPORT PROJECTS 65 DARP RC135 28,882 28,882 66 DCGS-AF 129,655 129,655 70 SPECIAL UPDATE PROGRAM 1,042,833 1,042,833 CLASSIFIED PROGRAMS 9999 CLASSIFIED PROGRAMS 25,456,490 25,456,490 SPARES AND REPAIR PARTS 71 SPARES AND REPAIR PARTS (CYBER) 1,032 1,032 72 SPARES AND REPAIR PARTS 12,628 12,628 TOTAL OTHER PROCUREMENT, AIR FORCE 30,417,892 30,721,901 PROCUREMENT, DEFENSE-WIDE MAJOR EQUIPMENT, DCSA 29 MAJOR EQUIPMENT 2,135 2,135 MAJOR EQUIPMENT, DHRA 43 PERSONNEL ADMINISTRATION 3,704 3,704 MAJOR EQUIPMENT, DISA 11 INFORMATION SYSTEMS SECURITY 12,275 12,275 12 TELEPORT PROGRAM 42,399 42,399 14 ITEMS LESS THAN $5 MILLION 47,538 47,538 15 DEFENSE INFORMATION SYSTEM NETWORK 39,472 39,472 16 WHITE HOUSE COMMUNICATION AGENCY 118,523 118,523 17 SENIOR LEADERSHIP ENTERPRISE 94,591 94,591 18 JOINT REGIONAL SECURITY STACKS (JRSS) 22,714 15,714 Program reduction [–7,000] 19 JOINT SERVICE PROVIDER 107,637 107,637 20 FOURTH ESTATE NETWORK OPTIMIZATION (4ENO) 33,047 33,047 MAJOR EQUIPMENT, DLA 28 MAJOR EQUIPMENT 30,355 30,355 MAJOR EQUIPMENT, DMACT 50 MAJOR EQUIPMENT 13,012 13,012 MAJOR EQUIPMENT, DODEA 49 AUTOMATION/EDUCATIONAL SUPPORT & LOGISTICS 1,358 1,358 MAJOR EQUIPMENT, DPAA 1 MAJOR EQUIPMENT, DPAA 516 516 MAJOR EQUIPMENT, DEFENSE THREAT REDUCTION AGENCY 46 VEHICLES 366 366 47 OTHER MAJOR EQUIPMENT 12,787 12,787 48 DTRA CYBER ACTIVITIES 21,413 21,413 MAJOR EQUIPMENT, MISSILE DEFENSE AGENCY 31 THAAD 216,782 216,782 33 AEGIS BMD 374,756 374,756 35 BMDS AN/TPY–2 RADARS 29,108 29,108 36 SM–3 IIAS 432,824 432,824 37 ARROW 3 UPPER TIER SYSTEMS 80,000 80,000 38 SHORT RANGE BALLISTIC MISSILE DEFENSE (SRBMD) 40,000 40,000 39 DEFENSE OF GUAM PROCUREMENT 169,627 169,627 40 AEGIS ASHORE PHASE III 2,390 2,390 41 IRON DOME 80,000 80,000 42 AEGIS BMD HARDWARE AND SOFTWARE 27,825 27,825 MAJOR EQUIPMENT, OSD 2 MAJOR EQUIPMENT, OSD 186,006 186,006 MAJOR EQUIPMENT, TJS 30 MAJOR EQUIPMENT, TJS 3,747 3,747 MAJOR EQUIPMENT, USCYBERCOM 51 CYBERSPACE OPERATIONS 129,082 160,082 Modernization of Department of Defense Internet Gateway Cyber Defense [31,000] CLASSIFIED PROGRAMS 9999 CLASSIFIED PROGRAMS 658,529 658,529 AVIATION PROGRAMS 53 ARMED OVERWATCH/TARGETING 266,846 266,846 54 MANNED ISR 7,000 7,000 55 MC–12 600 600 57 ROTARY WING UPGRADES AND SUSTAINMENT 261,012 261,012 58 UNMANNED ISR 26,997 26,997 59 NON-STANDARD AVIATION 25,782 25,782 60 U–28 7,198 7,198 61 MH–47 CHINOOK 149,883 149,883 62 CV–22 MODIFICATION 75,981 75,981 63 MQ–9 UNMANNED AERIAL VEHICLE 17,684 17,684 64 PRECISION STRIKE PACKAGE 108,497 108,497 65 AC/MC–130J 319,754 319,754 66 C–130 MODIFICATIONS 18,796 18,796 SHIPBUILDING 67 UNDERWATER SYSTEMS 66,111 78,171 Seal Delivery Vehicle (SDV) Sonar Payload for Subsea Seabed Acceleration [12,060] AMMUNITION PROGRAMS 68 ORDNANCE ITEMS <$5M 147,831 147,831 OTHER PROCUREMENT PROGRAMS 69 INTELLIGENCE SYSTEMS 203,400 203,400 70 DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS 5,718 5,718 71 OTHER ITEMS <$5M 108,816 108,816 72 COMBATANT CRAFT SYSTEMS 55,064 55,064 73 SPECIAL PROGRAMS 20,412 20,412 74 TACTICAL VEHICLES 56,561 56,561 75 WARRIOR SYSTEMS <$5M 329,837 344,637 Counter Uncrewed Aerial Systems (CUAS) Group 3 Defeat Acceleration [14,800] 76 COMBAT MISSION REQUIREMENTS 4,987 4,987 77 OPERATIONAL ENHANCEMENTS INTELLIGENCE 23,639 23,639 78 OPERATIONAL ENHANCEMENTS 322,341 322,341 CBDP 79 CHEMICAL BIOLOGICAL SITUATIONAL AWARENESS 159,884 159,884 80 CB PROTECTION & HAZARD MITIGATION 231,826 236,826 Chemical nerve agent countermeasures [5,000] TOTAL PROCUREMENT, DEFENSE-WIDE 6,056,975 6,112,835 TOTAL PROCUREMENT 167,988,341 169,840,643 XLII RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION Line Program Item FY 2024 Senate RESEARCH, DEVELOPMENT, TEST & EVAL, ARMY BASIC RESEARCH 1 0601102A DEFENSE RESEARCH SCIENCES 296,670 296,670 2 0601103A UNIVERSITY RESEARCH INITIATIVES 75,672 75,672 3 0601104A UNIVERSITY AND INDUSTRY RESEARCH CENTERS 108,946 108,946 4 0601121A CYBER COLLABORATIVE RESEARCH ALLIANCE 5,459 5,459 5 0601601A ARTIFICIAL INTELLIGENCE AND MACHINE LEARNING BASIC RESEARCH 10,708 10,708 SUBTOTAL BASIC RESEARCH 497,455 497,455 APPLIED RESEARCH 6 0602002A ARMY AGILE INNOVATION AND DEVELOPMENT-APPLIED RESEARCH 5,613 5,613 8 0602134A COUNTER IMPROVISED-THREAT ADVANCED STUDIES 6,242 6,242 9 0602141A LETHALITY TECHNOLOGY 85,578 85,578 10 0602142A ARMY APPLIED RESEARCH 34,572 34,572 11 0602143A SOLDIER LETHALITY TECHNOLOGY 104,470 114,470 Airborne Pathfinder [10,000] 12 0602144A GROUND TECHNOLOGY 60,005 80,005 Critical hybrid advanced materials processing [7,000] Engineered repair materials for roadways [3,000] Polar proving ground and training program [5,000] Titanium metal powder production technology [5,000] 13 0602145A NEXT GENERATION COMBAT VEHICLE TECHNOLOGY 166,500 181,500 Fuel cells for next generation combat vehicles [5,000] Hydrogen fuel source research and development [10,000] 14 0602146A NETWORK C3I TECHNOLOGY 81,618 81,618 15 0602147A LONG RANGE PRECISION FIRES TECHNOLOGY 34,683 34,683 16 0602148A FUTURE VERTICLE LIFT TECHNOLOGY 73,844 73,844 17 0602150A AIR AND MISSILE DEFENSE TECHNOLOGY 33,301 38,301 Counter-Unmanned Aircraft Systems technology [5,000] 18 0602180A ARTIFICIAL INTELLIGENCE AND MACHINE LEARNING TECHNOLOGIES 24,142 24,142 19 0602181A ALL DOMAIN CONVERGENCE APPLIED RESEARCH 14,297 14,297 20 0602182A C3I APPLIED RESEARCH 30,659 30,659 21 0602183A AIR PLATFORM APPLIED RESEARCH 48,163 48,163 22 0602184A SOLDIER APPLIED RESEARCH 18,986 18,986 23 0602213A C3I APPLIED CYBER 22,714 22,714 24 0602386A BIOTECHNOLOGY FOR MATERIALS—APPLIED RESEARCH 16,736 16,736 25 0602785A MANPOWER/PERSONNEL/TRAINING TECHNOLOGY 19,969 19,969 26 0602787A MEDICAL TECHNOLOGY 66,266 71,266 Preventing trauma-related stress disorder [5,000] SUBTOTAL APPLIED RESEARCH 948,358 1,003,358 ADVANCED TECHNOLOGY DEVELOPMENT 27 0603002A MEDICAL ADVANCED TECHNOLOGY 4,147 4,147 28 0603007A MANPOWER, PERSONNEL AND TRAINING ADVANCED TECHNOLOGY 16,316 16,316 29 0603025A ARMY AGILE INNOVATION AND DEMONSTRATION 23,156 23,156 30 0603040A ARTIFICIAL INTELLIGENCE AND MACHINE LEARNING ADVANCED TECHNOLOGIES 13,187 18,187 Tactical artificial intelligence and machine learning [5,000] 31 0603041A ALL DOMAIN CONVERGENCE ADVANCED TECHNOLOGY 33,332 33,332 32 0603042A C3I ADVANCED TECHNOLOGY 19,225 19,225 33 0603043A AIR PLATFORM ADVANCED TECHNOLOGY 14,165 14,165 34 0603044A SOLDIER ADVANCED TECHNOLOGY 1,214 1,214 36 0603116A LETHALITY ADVANCED TECHNOLOGY 20,582 20,582 37 0603117A ARMY ADVANCED TECHNOLOGY DEVELOPMENT 136,280 136,280 38 0603118A SOLDIER LETHALITY ADVANCED TECHNOLOGY 102,778 102,778 39 0603119A GROUND ADVANCED TECHNOLOGY 40,597 45,597 Advanced composites and multi-material protective systems [5,000] 40 0603134A COUNTER IMPROVISED-THREAT SIMULATION 21,672 21,672 41 0603386A BIOTECHNOLOGY FOR MATERIALS—ADVANCED RESEARCH 59,871 59,871 42 0603457A C3I CYBER ADVANCED DEVELOPMENT 28,847 28,847 43 0603461A HIGH PERFORMANCE COMPUTING MODERNIZATION PROGRAM 255,772 265,772 High Performance Computing Modernization Program increase [10,000] 44 0603462A NEXT GENERATION COMBAT VEHICLE ADVANCED TECHNOLOGY 217,394 224,394 Advanced Manufacturing Center of Excellence [7,000] 45 0603463A NETWORK C3I ADVANCED TECHNOLOGY 105,549 105,549 46 0603464A LONG RANGE PRECISION FIRES ADVANCED TECHNOLOGY 153,024 158,024 Aluminum-Lithium Alloy Solid Rocket Motor [5,000] 47 0603465A FUTURE VERTICAL LIFT ADVANCED TECHNOLOGY 158,795 158,795 48 0603466A AIR AND MISSILE DEFENSE ADVANCED TECHNOLOGY 21,015 26,015 Rapid Assurance Modernization Program-Test [5,000] 49 0603920A HUMANITARIAN DEMINING 9,068 9,068 SUBTOTAL ADVANCED TECHNOLOGY DEVELOPMENT 1,455,986 1,492,986 ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES 51 0603305A ARMY MISSLE DEFENSE SYSTEMS INTEGRATION 12,904 12,904 52 0603308A ARMY SPACE SYSTEMS INTEGRATION 19,120 19,120 54 0603619A LANDMINE WARFARE AND BARRIER—ADV DEV 47,537 47,537 55 0603639A TANK AND MEDIUM CALIBER AMMUNITION 91,323 91,323 56 0603645A ARMORED SYSTEM MODERNIZATION—ADV DEV 43,026 43,026 57 0603747A SOLDIER SUPPORT AND SURVIVABILITY 3,550 3,550 58 0603766A TACTICAL ELECTRONIC SURVEILLANCE SYSTEM—ADV DEV 65,567 65,567 59 0603774A NIGHT VISION SYSTEMS ADVANCED DEVELOPMENT 73,675 73,675 60 0603779A ENVIRONMENTAL QUALITY TECHNOLOGY—DEM/VAL 31,720 31,720 61 0603790A NATO RESEARCH AND DEVELOPMENT 4,143 4,143 62 0603801A AVIATION—ADV DEV 1,502,160 1,502,160 63 0603804A LOGISTICS AND ENGINEER EQUIPMENT—ADV DEV 7,604 7,604 64 0603807A MEDICAL SYSTEMS—ADV DEV 1,602 1,602 65 0603827A SOLDIER SYSTEMS—ADVANCED DEVELOPMENT 27,681 27,681 66 0604017A ROBOTICS DEVELOPMENT 3,024 3,024 67 0604019A EXPANDED MISSION AREA MISSILE (EMAM) 97,018 97,018 68 0604020A CROSS FUNCTIONAL TEAM (CFT) ADVANCED DEVELOPMENT & PROTOTYPING 117,557 117,557 69 0604035A LOW EARTH ORBIT (LEO) SATELLITE CAPABILITY 38,851 38,851 70 0604036A MULTI-DOMAIN SENSING SYSTEM (MDSS) ADV DEV 191,394 191,394 71 0604037A TACTICAL INTEL TARGETING ACCESS NODE (TITAN) ADV DEV 10,626 10,626 72 0604100A ANALYSIS OF ALTERNATIVES 11,095 11,095 73 0604101A SMALL UNMANNED AERIAL VEHICLE (SUAV) (6.4) 5,144 5,144 74 0604103A ELECTRONIC WARFARE PLANNING AND MANAGEMENT TOOL (EWPMT) 2,260 2,260 75 0604113A FUTURE TACTICAL UNMANNED AIRCRAFT SYSTEM (FTUAS) 53,143 53,143 76 0604114A LOWER TIER AIR MISSILE DEFENSE (LTAMD) SENSOR 816,663 816,663 77 0604115A TECHNOLOGY MATURATION INITIATIVES 281,314 281,314 78 0604117A MANEUVER—SHORT RANGE AIR DEFENSE (M-SHORAD) 281,239 281,239 79 0604119A ARMY ADVANCED COMPONENT DEVELOPMENT & PROTOTYPING 204,914 204,914 80 0604120A ASSURED POSITIONING, NAVIGATION AND TIMING (PNT) 40,930 40,930 81 0604121A SYNTHETIC TRAINING ENVIRONMENT REFINEMENT & PROTOTYPING 109,714 109,714 82 0604134A COUNTER IMPROVISED-THREAT DEMONSTRATION, PROTOTYPE DEVELOPMENT, AND TESTING 16,426 16,426 83 0604135A STRATEGIC MID-RANGE FIRES 31,559 31,559 84 0604182A HYPERSONICS 43,435 43,435 85 0604403A FUTURE INTERCEPTOR 8,040 8,040 86 0604531A COUNTER—SMALL UNMANNED AIRCRAFT SYSTEMS ADVANCED DEVELOPMENT 64,242 64,242 87 0604541A UNIFIED NETWORK TRANSPORT 40,915 40,915 9999 9999999999 CLASSIFIED PROGRAMS 19,200 19,200 SUBTOTAL ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES 4,420,315 4,420,315 SYSTEM DEVELOPMENT & DEMONSTRATION 91 0604201A AIRCRAFT AVIONICS 13,673 13,673 92 0604270A ELECTRONIC WARFARE DEVELOPMENT 12,789 12,789 93 0604601A INFANTRY SUPPORT WEAPONS 64,076 64,076 94 0604604A MEDIUM TACTICAL VEHICLES 28,226 28,226 95 0604611A JAVELIN 7,827 7,827 96 0604622A FAMILY OF HEAVY TACTICAL VEHICLES 44,197 44,197 97 0604633A AIR TRAFFIC CONTROL 1,134 1,134 98 0604641A TACTICAL UNMANNED GROUND VEHICLE (TUGV) 142,125 142,125 99 0604642A LIGHT TACTICAL WHEELED VEHICLES 53,564 53,564 100 0604645A ARMORED SYSTEMS MODERNIZATION (ASM)—ENG DEV 102,201 102,201 101 0604710A NIGHT VISION SYSTEMS—ENG DEV 48,720 56,220 Enhanced Night Vision Goggle—Binocular capability enhancements [7,500] 102 0604713A COMBAT FEEDING, CLOTHING, AND EQUIPMENT 2,223 2,223 103 0604715A NON-SYSTEM TRAINING DEVICES—ENG DEV 21,441 21,441 104 0604741A AIR DEFENSE COMMAND, CONTROL AND INTELLIGENCE—ENG DEV 74,738 74,738 105 0604742A CONSTRUCTIVE SIMULATION SYSTEMS DEVELOPMENT 30,985 30,985 106 0604746A AUTOMATIC TEST EQUIPMENT DEVELOPMENT 13,626 13,626 107 0604760A DISTRIBUTIVE INTERACTIVE SIMULATIONS (DIS)—ENG DEV 8,802 8,802 108 0604798A BRIGADE ANALYSIS, INTEGRATION AND EVALUATION 20,828 20,828 109 0604802A WEAPONS AND MUNITIONS—ENG DEV 243,851 243,851 110 0604804A LOGISTICS AND ENGINEER EQUIPMENT—ENG DEV 37,420 42,420 Ultra-Lightweight Camouflage Net System [5,000] 111 0604805A COMMAND, CONTROL, COMMUNICATIONS SYSTEMS—ENG DEV 34,214 34,214 112 0604807A MEDICAL MATERIEL/MEDICAL BIOLOGICAL DEFENSE EQUIPMENT—ENG DEV 6,496 6,496 113 0604808A LANDMINE WARFARE/BARRIER—ENG DEV 13,581 13,581 114 0604818A ARMY TACTICAL COMMAND & CONTROL HARDWARE & SOFTWARE 168,574 168,574 115 0604820A RADAR DEVELOPMENT 94,944 94,944 116 0604822A GENERAL FUND ENTERPRISE BUSINESS SYSTEM (GFEBS) 2,965 2,965 117 0604827A SOLDIER SYSTEMS—WARRIOR DEM/VAL 11,333 11,333 118 0604852A SUITE OF SURVIVABILITY ENHANCEMENT SYSTEMS—EMD 79,250 79,250 119 0604854A ARTILLERY SYSTEMS—EMD 42,490 42,490 120 0605013A INFORMATION TECHNOLOGY DEVELOPMENT 104,024 104,024 121 0605018A INTEGRATED PERSONNEL AND PAY SYSTEM-ARMY (IPPS-A) 102,084 102,084 123 0605030A JOINT TACTICAL NETWORK CENTER (JTNC) 18,662 18,662 124 0605031A JOINT TACTICAL NETWORK (JTN) 30,328 30,328 125 0605035A COMMON INFRARED COUNTERMEASURES (CIRCM) 11,509 11,509 126 0605036A COMBATING WEAPONS OF MASS DESTRUCTION (CWMD) 1,050 1,050 128 0605041A DEFENSIVE CYBER TOOL DEVELOPMENT 27,714 27,714 129 0605042A TACTICAL NETWORK RADIO SYSTEMS (LOW-TIER) 4,318 4,318 130 0605047A CONTRACT WRITING SYSTEM 16,355 16,355 131 0605049A MISSILE WARNING SYSTEM MODERNIZATION (MWSM) 27,571 27,571 132 0605051A AIRCRAFT SURVIVABILITY DEVELOPMENT 24,900 24,900 133 0605052A INDIRECT FIRE PROTECTION CAPABILITY INC 2—BLOCK 1 196,248 196,248 134 0605053A GROUND ROBOTICS 35,319 35,319 135 0605054A EMERGING TECHNOLOGY INITIATIVES 201,274 201,274 137 0605144A NEXT GENERATION LOAD DEVICE—MEDIUM 36,970 36,970 139 0605148A TACTICAL INTEL TARGETING ACCESS NODE (TITAN) EMD 132,136 132,136 140 0605203A ARMY SYSTEM DEVELOPMENT & DEMONSTRATION 81,657 81,657 141 0605205A SMALL UNMANNED AERIAL VEHICLE (SUAV) (6.5) 31,284 31,284 142 0605206A CI AND HUMINT EQUIPMENT PROGRAM-ARMY (CIHEP-A) 2,170 2,170 143 0605216A JOINT TARGETING INTEGRATED COMMAND AND COORDINATION SUITE (JTIC2S) 9,290 9,290 144 0605224A MULTI-DOMAIN INTELLIGENCE 41,003 41,003 146 0605231A PRECISION STRIKE MISSILE (PRSM) 272,786 272,786 147 0605232A HYPERSONICS EMD 900,920 900,920 148 0605233A ACCESSIONS INFORMATION ENVIRONMENT (AIE) 27,361 27,361 149 0605235A STRATEGIC MID-RANGE CAPABILITY 348,855 348,855 150 0605236A INTEGRATED TACTICAL COMMUNICATIONS 22,901 22,901 151 0605450A JOINT AIR-TO-GROUND MISSILE (JAGM) 3,014 3,014 152 0605457A ARMY INTEGRATED AIR AND MISSILE DEFENSE (AIAMD) 284,095 284,095 153 0605531A COUNTER—SMALL UNMANNED AIRCRAFT SYSTEMS SYS DEV & DEMONSTRATION 36,016 36,016 154 0605625A MANNED GROUND VEHICLE 996,653 996,653 155 0605766A NATIONAL CAPABILITIES INTEGRATION (MIP) 15,129 15,129 156 0605812A JOINT LIGHT TACTICAL VEHICLE (JLTV) ENGINEERING AND MANUFACTURING DEVELOPMENT PH 27,243 27,243 157 0605830A AVIATION GROUND SUPPORT EQUIPMENT 1,167 1,167 158 0303032A TROJAN—RH12 3,879 3,879 159 0304270A ELECTRONIC WARFARE DEVELOPMENT 137,186 137,186 SUBTOTAL SYSTEM DEVELOPMENT & DEMONSTRATION 5,639,364 5,651,864 MANAGEMENT SUPPORT 160 0604256A THREAT SIMULATOR DEVELOPMENT 38,492 38,492 161 0604258A TARGET SYSTEMS DEVELOPMENT 11,873 11,873 162 0604759A MAJOR T&E INVESTMENT 76,167 76,167 163 0605103A RAND ARROYO CENTER 37,078 37,078 164 0605301A ARMY KWAJALEIN ATOLL 314,872 314,872 165 0605326A CONCEPTS EXPERIMENTATION PROGRAM 95,551 95,551 167 0605601A ARMY TEST RANGES AND FACILITIES 439,118 449,118 Radar Range Replacement Program [10,000] 168 0605602A ARMY TECHNICAL TEST INSTRUMENTATION AND TARGETS 42,220 42,220 169 0605604A SURVIVABILITY/LETHALITY ANALYSIS 37,518 37,518 170 0605606A AIRCRAFT CERTIFICATION 2,718 2,718 172 0605706A MATERIEL SYSTEMS ANALYSIS 26,902 26,902 173 0605709A EXPLOITATION OF FOREIGN ITEMS 7,805 7,805 174 0605712A SUPPORT OF OPERATIONAL TESTING 75,133 75,133 175 0605716A ARMY EVALUATION CENTER 71,118 71,118 176 0605718A ARMY MODELING & SIM X-CMD COLLABORATION & INTEG 11,204 11,204 177 0605801A PROGRAMWIDE ACTIVITIES 93,895 93,895 178 0605803A TECHNICAL INFORMATION ACTIVITIES 31,327 31,327 179 0605805A MUNITIONS STANDARDIZATION, EFFECTIVENESS AND SAFETY 50,409 50,409 180 0605857A ENVIRONMENTAL QUALITY TECHNOLOGY MGMT SUPPORT 1,629 1,629 181 0605898A ARMY DIRECT REPORT HEADQUARTERS—R&D - MHA 55,843 55,843 182 0606002A RONALD REAGAN BALLISTIC MISSILE DEFENSE TEST SITE 91,340 91,340 183 0606003A COUNTERINTEL AND HUMAN INTEL MODERNIZATION 6,348 6,348 185 0606942A ASSESSMENTS AND EVALUATIONS CYBER VULNERABILITIES 6,025 6,025 SUBTOTAL MANAGEMENT SUPPORT 1,624,585 1,634,585 OPERATIONAL SYSTEMS DEVELOPMENT 187 0603778A MLRS PRODUCT IMPROVEMENT PROGRAM 14,465 14,465 188 0605024A ANTI-TAMPER TECHNOLOGY SUPPORT 7,472 7,472 189 0607131A WEAPONS AND MUNITIONS PRODUCT IMPROVEMENT PROGRAMS 8,425 8,425 190 0607136A BLACKHAWK PRODUCT IMPROVEMENT PROGRAM 1,507 11,507 Program increase [10,000] 191 0607137A CHINOOK PRODUCT IMPROVEMENT PROGRAM 9,265 19,265 Program increase [10,000] 192 0607139A IMPROVED TURBINE ENGINE PROGRAM 201,247 201,247 193 0607142A AVIATION ROCKET SYSTEM PRODUCT IMPROVEMENT AND DEVELOPMENT 3,014 3,014 194 0607143A UNMANNED AIRCRAFT SYSTEM UNIVERSAL PRODUCTS 25,393 25,393 195 0607145A APACHE FUTURE DEVELOPMENT 10,547 20,547 Apache future development program increase [10,000] 196 0607148A AN/TPQ–53 COUNTERFIRE TARGET ACQUISITION RADAR SYSTEM 54,167 54,167 197 0607150A INTEL CYBER DEVELOPMENT 4,345 4,345 198 0607312A ARMY OPERATIONAL SYSTEMS DEVELOPMENT 19,000 19,000 199 0607313A ELECTRONIC WARFARE DEVELOPMENT 6,389 6,389 200 0607315A ENDURING TURBINE ENGINES AND POWER SYSTEMS 2,411 2,411 201 0607665A FAMILY OF BIOMETRICS 797 797 202 0607865A PATRIOT PRODUCT IMPROVEMENT 177,197 177,197 203 0203728A JOINT AUTOMATED DEEP OPERATION COORDINATION SYSTEM (JADOCS) 42,177 42,177 204 0203735A COMBAT VEHICLE IMPROVEMENT PROGRAMS 146,635 146,635 205 0203743A 155MM SELF-PROPELLED HOWITZER IMPROVEMENTS 122,902 122,902 207 0203752A AIRCRAFT ENGINE COMPONENT IMPROVEMENT PROGRAM 146 146 208 0203758A DIGITIZATION 1,515 1,515 209 0203801A MISSILE/AIR DEFENSE PRODUCT IMPROVEMENT PROGRAM 4,520 4,520 210 0203802A OTHER MISSILE PRODUCT IMPROVEMENT PROGRAMS 10,044 10,044 211 0205412A ENVIRONMENTAL QUALITY TECHNOLOGY—OPERATIONAL SYSTEM DEV 281 281 212 0205778A GUIDED MULTIPLE-LAUNCH ROCKET SYSTEM (GMLRS) 75,952 75,952 213 0208053A JOINT TACTICAL GROUND SYSTEM 203 203 216 0303028A SECURITY AND INTELLIGENCE ACTIVITIES 301 301 217 0303140A INFORMATION SYSTEMS SECURITY PROGRAM 15,323 15,323 218 0303141A GLOBAL COMBAT SUPPORT SYSTEM 13,082 13,082 219 0303142A SATCOM GROUND ENVIRONMENT (SPACE) 26,838 26,838 222 0305179A INTEGRATED BROADCAST SERVICE (IBS) 9,456 9,456 225 0305219A MQ–1C GRAY EAGLE UAS 6,629 6,629 227 0708045A END ITEM INDUSTRIAL PREPAREDNESS ACTIVITIES 75,317 75,317 9999 9999999999 CLASSIFIED PROGRAMS 8,786 8,786 SUBTOTAL OPERATIONAL SYSTEMS DEVELOPMENT 1,105,748 1,135,748 SOFTWARE AND DIGITAL TECHNOLOGY PILOT PROGRAMS 228 0608041A DEFENSIVE CYBER—SOFTWARE PROTOTYPE DEVELOPMENT 83,570 83,570 SUBTOTAL SOFTWARE AND DIGITAL TECHNOLOGY PILOT PROGRAMS 83,570 83,570 TOTAL RESEARCH, DEVELOPMENT, TEST & EVAL, ARMY 15,775,381 15,919,881 RESEARCH, DEVELOPMENT, TEST & EVAL, NAVY BASIC RESEARCH 1 0601103N UNIVERSITY RESEARCH INITIATIVES 96,355 96,355 2 0601153N DEFENSE RESEARCH SCIENCES 540,908 540,908 SUBTOTAL BASIC RESEARCH 637,263 637,263 APPLIED RESEARCH 3 0602114N POWER PROJECTION APPLIED RESEARCH 23,982 23,982 4 0602123N FORCE PROTECTION APPLIED RESEARCH 142,148 142,148 5 0602131M MARINE CORPS LANDING FORCE TECHNOLOGY 59,208 59,208 6 0602235N COMMON PICTURE APPLIED RESEARCH 52,090 52,090 7 0602236N WARFIGHTER SUSTAINMENT APPLIED RESEARCH 74,722 82,722 Research on foreign malign influence operations [8,000] 8 0602271N ELECTROMAGNETIC SYSTEMS APPLIED RESEARCH 92,473 92,473 9 0602435N OCEAN WARFIGHTING ENVIRONMENT APPLIED RESEARCH 80,806 87,806 Intelligent Autonomous Systems for Seabed Warfare [7,000] 10 0602651M JOINT NON-LETHAL WEAPONS APPLIED RESEARCH 7,419 7,419 11 0602747N UNDERSEA WARFARE APPLIED RESEARCH 61,503 61,503 12 0602750N FUTURE NAVAL CAPABILITIES APPLIED RESEARCH 182,662 182,662 13 0602782N MINE AND EXPEDITIONARY WARFARE APPLIED RESEARCH 30,435 30,435 14 0602792N INNOVATIVE NAVAL PROTOTYPES (INP) APPLIED RESEARCH 133,828 133,828 15 0602861N SCIENCE AND TECHNOLOGY MANAGEMENT—ONR FIELD ACITIVITIES 85,063 85,063 SUBTOTAL APPLIED RESEARCH 1,026,339 1,041,339 ADVANCED TECHNOLOGY DEVELOPMENT 16 0603123N FORCE PROTECTION ADVANCED TECHNOLOGY 29,512 29,512 17 0603271N ELECTROMAGNETIC SYSTEMS ADVANCED TECHNOLOGY 8,418 8,418 18 0603273N SCIENCE & TECHNOLOGY FOR NUCLEAR RE-ENTRY SYSTEMS 112,329 112,329 19 0603640M USMC ADVANCED TECHNOLOGY DEMONSTRATION (ATD) 308,217 323,217 Adaptive Future Force [5,000] Hardware In the Loop capabilities [5,000] Next generation unmanned aerial system distribution platform [5,000] 20 0603651M JOINT NON-LETHAL WEAPONS TECHNOLOGY DEVELOPMENT 15,556 15,556 21 0603673N FUTURE NAVAL CAPABILITIES ADVANCED TECHNOLOGY DEVELOPMENT 264,700 264,700 22 0603680N MANUFACTURING TECHNOLOGY PROGRAM 61,843 61,843 23 0603729N WARFIGHTER PROTECTION ADVANCED TECHNOLOGY 5,100 9,100 Balloon catheter hemorrhage control device [4,000] 24 0603758N NAVY WARFIGHTING EXPERIMENTS AND DEMONSTRATIONS 75,898 75,898 25 0603782N MINE AND EXPEDITIONARY WARFARE ADVANCED TECHNOLOGY 2,048 2,048 26 0603801N INNOVATIVE NAVAL PROTOTYPES (INP) ADVANCED TECHNOLOGY DEVELOPMENT 132,931 132,931 SUBTOTAL ADVANCED TECHNOLOGY DEVELOPMENT 1,016,552 1,035,552 ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES 27 0603128N UNMANNED AERIAL SYSTEM 108,225 108,225 28 0603178N LARGE UNMANNED SURFACE VEHICLES (LUSV) 117,400 117,400 29 0603207N AIR/OCEAN TACTICAL APPLICATIONS 40,653 40,653 30 0603216N AVIATION SURVIVABILITY 20,874 20,874 31 0603239N NAVAL CONSTRUCTION FORCES 7,821 7,821 32 0603254N ASW SYSTEMS DEVELOPMENT 17,090 17,090 33 0603261N TACTICAL AIRBORNE RECONNAISSANCE 3,721 3,721 34 0603382N ADVANCED COMBAT SYSTEMS TECHNOLOGY 6,216 6,216 35 0603502N SURFACE AND SHALLOW WATER MINE COUNTERMEASURES 34,690 34,690 36 0603506N SURFACE SHIP TORPEDO DEFENSE 730 730 37 0603512N CARRIER SYSTEMS DEVELOPMENT 6,095 6,095 38 0603525N PILOT FISH 916,208 916,208 39 0603527N RETRACT LARCH 7,545 7,545 40 0603536N RETRACT JUNIPER 271,109 271,109 41 0603542N RADIOLOGICAL CONTROL 811 811 42 0603553N SURFACE ASW 1,189 1,189 43 0603561N ADVANCED SUBMARINE SYSTEM DEVELOPMENT 88,415 88,415 44 0603562N SUBMARINE TACTICAL WARFARE SYSTEMS 15,119 15,119 45 0603563N SHIP CONCEPT ADVANCED DESIGN 89,939 89,939 46 0603564N SHIP PRELIMINARY DESIGN & FEASIBILITY STUDIES 121,402 121,402 47 0603570N ADVANCED NUCLEAR POWER SYSTEMS 319,656 319,656 48 0603573N ADVANCED SURFACE MACHINERY SYSTEMS 133,911 133,911 49 0603576N CHALK EAGLE 116,078 116,078 50 0603581N LITTORAL COMBAT SHIP (LCS) 32,615 32,615 51 0603582N COMBAT SYSTEM INTEGRATION 18,610 18,610 52 0603595N OHIO REPLACEMENT 257,076 262,076 Advanced composites for wet submarine applications [5,000] 53 0603596N LCS MISSION MODULES 31,464 31,464 54 0603597N AUTOMATED TEST AND RE-TEST (ATRT) 10,809 10,809 55 0603599N FRIGATE DEVELOPMENT 112,972 112,972 56 0603609N CONVENTIONAL MUNITIONS 9,030 9,030 57 0603635M MARINE CORPS GROUND COMBAT/SUPPORT SYSTEM 128,782 128,782 58 0603654N JOINT SERVICE EXPLOSIVE ORDNANCE DEVELOPMENT 44,766 44,766 59 0603713N OCEAN ENGINEERING TECHNOLOGY DEVELOPMENT 10,751 10,751 60 0603721N ENVIRONMENTAL PROTECTION 24,457 24,457 61 0603724N NAVY ENERGY PROGRAM 72,214 72,214 62 0603725N FACILITIES IMPROVEMENT 10,149 10,149 63 0603734N CHALK CORAL 687,841 687,841 64 0603739N NAVY LOGISTIC PRODUCTIVITY 4,712 4,712 65 0603746N RETRACT MAPLE 420,455 420,455 66 0603748N LINK PLUMERIA 2,100,474 2,100,474 67 0603751N RETRACT ELM 88,036 88,036 68 0603764M LINK EVERGREEN 547,005 547,005 69 0603790N NATO RESEARCH AND DEVELOPMENT 6,265 6,265 70 0603795N LAND ATTACK TECHNOLOGY 1,624 1,624 71 0603851M JOINT NON-LETHAL WEAPONS TESTING 31,058 31,058 72 0603860N JOINT PRECISION APPROACH AND LANDING SYSTEMS—DEM/VAL 22,590 22,590 73 0603925N DIRECTED ENERGY AND ELECTRIC WEAPON SYSTEMS 52,129 52,129 74 0604014N F/A –18 INFRARED SEARCH AND TRACK (IRST) 32,127 32,127 75 0604027N DIGITAL WARFARE OFFICE 181,001 181,001 76 0604028N SMALL AND MEDIUM UNMANNED UNDERSEA VEHICLES 110,506 110,506 77 0604029N UNMANNED UNDERSEA VEHICLE CORE TECHNOLOGIES 71,156 71,156 78 0604030N RAPID PROTOTYPING, EXPERIMENTATION AND DEMONSTRATION. 214,100 214,100 79 0604031N LARGE UNMANNED UNDERSEA VEHICLES 6,900 6,900 80 0604112N GERALD R. FORD CLASS NUCLEAR AIRCRAFT CARRIER (CVN 78—80) 118,182 118,182 82 0604127N SURFACE MINE COUNTERMEASURES 16,127 16,127 83 0604272N TACTICAL AIR DIRECTIONAL INFRARED COUNTERMEASURES (TADIRCM) 34,684 34,684 84 0604289M NEXT GENERATION LOGISTICS 5,991 5,991 85 0604292N FUTURE VERTICAL LIFT (MARITIME STRIKE) 2,100 2,100 86 0604320M RAPID TECHNOLOGY CAPABILITY PROTOTYPE 131,763 131,763 87 0604454N LX (R) 21,319 21,319 88 0604536N ADVANCED UNDERSEA PROTOTYPING 104,328 104,328 89 0604636N COUNTER UNMANNED AIRCRAFT SYSTEMS (C-UAS) 11,567 11,567 90 0604659N PRECISION STRIKE WEAPONS DEVELOPMENT PROGRAM 5,976 195,976 Nuclear-armed sea-launched cruise missile [190,000] 91 0604707N SPACE AND ELECTRONIC WARFARE (SEW) ARCHITECTURE/ENGINEERING SUPPORT 9,993 9,993 92 0604786N OFFENSIVE ANTI-SURFACE WARFARE WEAPON DEVELOPMENT 237,655 237,655 93 0605512N MEDIUM UNMANNED SURFACE VEHICLES (MUSVS)) 85,800 85,800 94 0605513N UNMANNED SURFACE VEHICLE ENABLING CAPABILITIES 176,261 176,261 95 0605514M GROUND BASED ANTI-SHIP MISSILE 36,383 36,383 96 0605516M LONG RANGE FIRES 36,763 36,763 97 0605518N CONVENTIONAL PROMPT STRIKE (CPS) 901,064 901,064 98 0303354N ASW SYSTEMS DEVELOPMENT—MIP 10,167 10,167 99 0304240M ADVANCED TACTICAL UNMANNED AIRCRAFT SYSTEM 539 539 100 0304270N ELECTRONIC WARFARE DEVELOPMENT—MIP 1,250 1,250 SUBTOTAL ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES 9,734,483 9,929,483 SYSTEM DEVELOPMENT & DEMONSTRATION 101 0603208N TRAINING SYSTEM AIRCRAFT 44,120 44,120 102 0604038N MARITIME TARGETING CELL 30,922 30,922 103 0604212M OTHER HELO DEVELOPMENT 101,209 101,209 104 0604212N OTHER HELO DEVELOPMENT 2,604 2,604 105 0604214M AV–8B AIRCRAFT—ENG DEV 8,263 8,263 106 0604215N STANDARDS DEVELOPMENT 4,039 4,039 107 0604216N MULTI-MISSION HELICOPTER UPGRADE DEVELOPMENT 62,350 62,350 108 0604221N P–3 MODERNIZATION PROGRAM 771 771 109 0604230N WARFARE SUPPORT SYSTEM 109,485 109,485 110 0604231N COMMAND AND CONTROL SYSTEMS 87,457 87,457 111 0604234N ADVANCED HAWKEYE 399,919 399,919 112 0604245M H–1 UPGRADES 29,766 29,766 113 0604261N ACOUSTIC SEARCH SENSORS 51,531 51,531 114 0604262N V–22A 137,597 137,597 115 0604264N AIR CREW SYSTEMS DEVELOPMENT 42,155 42,155 116 0604269N EA–18 172,507 172,507 117 0604270N ELECTRONIC WARFARE DEVELOPMENT 171,384 171,384 118 0604273M EXECUTIVE HELO DEVELOPMENT 35,376 35,376 119 0604274N NEXT GENERATION JAMMER (NGJ) 40,477 40,477 120 0604280N JOINT TACTICAL RADIO SYSTEM—NAVY (JTRS-NAVY) 451,397 451,397 121 0604282N NEXT GENERATION JAMMER (NGJ) INCREMENT II 250,577 250,577 122 0604307N SURFACE COMBATANT COMBAT SYSTEM ENGINEERING 453,311 453,311 124 0604329N SMALL DIAMETER BOMB (SDB) 52,211 52,211 125 0604366N STANDARD MISSILE IMPROVEMENTS 418,187 418,187 126 0604373N AIRBORNE MCM 11,368 11,368 127 0604378N NAVAL INTEGRATED FIRE CONTROL—COUNTER AIR SYSTEMS ENGINEERING 66,445 66,445 128 0604419N ADVANCED SENSORS APPLICATION PROGRAM (ASAP) 0 13,000 Program increase [13,000] 129 0604501N ADVANCED ABOVE WATER SENSORS 115,396 115,396 130 0604503N SSN–688 AND TRIDENT MODERNIZATION 93,435 93,435 131 0604504N AIR CONTROL 42,656 42,656 132 0604512N SHIPBOARD AVIATION SYSTEMS 10,442 10,442 133 0604518N COMBAT INFORMATION CENTER CONVERSION 11,359 11,359 134 0604522N AIR AND MISSILE DEFENSE RADAR (AMDR) SYSTEM 90,307 90,307 135 0604530N ADVANCED ARRESTING GEAR (AAG) 10,658 10,658 136 0604558N NEW DESIGN SSN 234,356 234,356 137 0604562N SUBMARINE TACTICAL WARFARE SYSTEM 71,516 71,516 138 0604567N SHIP CONTRACT DESIGN/ LIVE FIRE T&E 22,462 22,462 139 0604574N NAVY TACTICAL COMPUTER RESOURCES 4,279 4,279 140 0604601N MINE DEVELOPMENT 104,731 104,731 141 0604610N LIGHTWEIGHT TORPEDO DEVELOPMENT 229,668 229,668 142 0604654N JOINT SERVICE EXPLOSIVE ORDNANCE DEVELOPMENT 9,064 9,064 143 0604657M USMC GROUND COMBAT/SUPPORTING ARMS SYSTEMS—ENG DEV 62,329 62,329 144 0604703N PERSONNEL, TRAINING, SIMULATION, AND HUMAN FACTORS 9,319 9,319 145 0604727N JOINT STANDOFF WEAPON SYSTEMS 1,964 1,964 146 0604755N SHIP SELF DEFENSE (DETECT & CONTROL) 158,426 158,426 147 0604756N SHIP SELF DEFENSE (ENGAGE: HARD KILL) 47,492 47,492 148 0604757N SHIP SELF DEFENSE (ENGAGE: SOFT KILL/EW) 125,206 125,206 149 0604761N INTELLIGENCE ENGINEERING 19,969 19,969 150 0604771N MEDICAL DEVELOPMENT 6,061 6,061 151 0604777N NAVIGATION/ID SYSTEM 45,262 45,262 154 0604850N SSN(X) 361,582 361,582 155 0605013M INFORMATION TECHNOLOGY DEVELOPMENT 22,663 22,663 156 0605013N INFORMATION TECHNOLOGY DEVELOPMENT 282,138 282,138 157 0605024N ANTI-TAMPER TECHNOLOGY SUPPORT 8,340 8,340 158 0605180N TACAMO MODERNIZATION 213,743 213,743 159 0605212M CH–53K RDTE 222,288 222,288 160 0605215N MISSION PLANNING 86,448 86,448 161 0605217N COMMON AVIONICS 81,076 81,076 162 0605220N SHIP TO SHORE CONNECTOR (SSC) 1,343 1,343 163 0605327N T-AO 205 CLASS 71 71 164 0605414N UNMANNED CARRIER AVIATION (UCA) 220,404 220,404 165 0605450M JOINT AIR-TO-GROUND MISSILE (JAGM) 384 384 166 0605500N MULTI-MISSION MARITIME AIRCRAFT (MMA) 36,027 36,027 167 0605504N MULTI-MISSION MARITIME (MMA) INCREMENT III 132,449 132,449 168 0605611M MARINE CORPS ASSAULT VEHICLES SYSTEM DEVELOPMENT & DEMONSTRATION 103,236 103,236 169 0605813M JOINT LIGHT TACTICAL VEHICLE (JLTV) SYSTEM DEVELOPMENT & DEMONSTRATION 2,609 2,609 170 0204202N DDG–1000 231,778 231,778 171 0301377N COUNTERING ADVANCED CONVENTIONAL WEAPONS (CACW) 17,531 17,531 172 0304785N ISR & INFO OPERATIONS 174,271 174,271 173 0306250M CYBER OPERATIONS TECHNOLOGY DEVELOPMENT 2,068 2,068 SUBTOTAL SYSTEM DEVELOPMENT & DEMONSTRATION 6,962,234 6,975,234 MANAGEMENT SUPPORT 174 0604256N THREAT SIMULATOR DEVELOPMENT 22,918 22,918 175 0604258N TARGET SYSTEMS DEVELOPMENT 18,623 18,623 176 0604759N MAJOR T&E INVESTMENT 74,221 74,221 177 0605152N STUDIES AND ANALYSIS SUPPORT—NAVY 3,229 3,229 178 0605154N CENTER FOR NAVAL ANALYSES 45,672 45,672 180 0605804N TECHNICAL INFORMATION SERVICES 1,000 1,000 181 0605853N MANAGEMENT, TECHNICAL & INTERNATIONAL SUPPORT 124,328 124,328 182 0605856N STRATEGIC TECHNICAL SUPPORT 4,053 4,053 183 0605863N RDT&E SHIP AND AIRCRAFT SUPPORT 203,447 203,447 184 0605864N TEST AND EVALUATION SUPPORT 481,975 484,975 Atlantic Undersea Test and Evaluation Center improvements [3,000] 185 0605865N OPERATIONAL TEST AND EVALUATION CAPABILITY 29,399 29,399 186 0605866N NAVY SPACE AND ELECTRONIC WARFARE (SEW) SUPPORT 27,504 27,504 187 0605867N SEW SURVEILLANCE/RECONNAISSANCE SUPPORT 9,183 9,183 188 0605873M MARINE CORPS PROGRAM WIDE SUPPORT 34,976 34,976 189 0605898N MANAGEMENT HQ—R&D 41,331 41,331 190 0606355N WARFARE INNOVATION MANAGEMENT 37,340 37,340 191 0305327N INSIDER THREAT 2,246 2,246 192 0902498N MANAGEMENT HEADQUARTERS (DEPARTMENTAL SUPPORT ACTIVITIES) 2,168 2,168 SUBTOTAL MANAGEMENT SUPPORT 1,163,613 1,166,613 OPERATIONAL SYSTEMS DEVELOPMENT 196 0604840M F–35 C2D2 544,625 544,625 197 0604840N F–35 C2D2 543,834 543,834 198 0605520M MARINE CORPS AIR DEFENSE WEAPONS SYSTEMS 99,860 99,860 199 0607658N COOPERATIVE ENGAGEMENT CAPABILITY (CEC) 153,440 153,440 200 0101221N STRATEGIC SUB & WEAPONS SYSTEM SUPPORT 321,648 331,648 Fleet Ballistic Missile Strategic Weapon System [10,000] 201 0101224N SSBN SECURITY TECHNOLOGY PROGRAM 62,694 62,694 202 0101226N SUBMARINE ACOUSTIC WARFARE DEVELOPMENT 92,869 92,869 203 0101402N NAVY STRATEGIC COMMUNICATIONS 51,919 51,919 204 0204136N F/A–18 SQUADRONS 333,783 333,783 205 0204228N SURFACE SUPPORT 8,619 8,619 206 0204229N TOMAHAWK AND TOMAHAWK MISSION PLANNING CENTER (TMPC) 122,834 122,834 207 0204311N INTEGRATED SURVEILLANCE SYSTEM 76,279 76,279 208 0204313N SHIP-TOWED ARRAY SURVEILLANCE SYSTEMS 1,103 1,103 209 0204413N AMPHIBIOUS TACTICAL SUPPORT UNITS (DISPLACEMENT CRAFT) 1,991 1,991 210 0204460M GROUND/AIR TASK ORIENTED RADAR (G/ATOR) 92,674 92,674 211 0204571N CONSOLIDATED TRAINING SYSTEMS DEVELOPMENT 115,894 115,894 212 0204575N ELECTRONIC WARFARE (EW) READINESS SUPPORT 61,677 61,677 213 0205601N ANTI-RADIATION MISSILE IMPROVEMENT 59,555 59,555 214 0205620N SURFACE ASW COMBAT SYSTEM INTEGRATION 29,973 29,973 215 0205632N MK–48 ADCAP 213,165 213,165 216 0205633N AVIATION IMPROVEMENTS 143,277 143,277 217 0205675N OPERATIONAL NUCLEAR POWER SYSTEMS 152,546 152,546 218 0206313M MARINE CORPS COMMUNICATIONS SYSTEMS 192,625 192,625 219 0206335M COMMON AVIATION COMMAND AND CONTROL SYSTEM (CAC2S) 12,565 12,565 220 0206623M MARINE CORPS GROUND COMBAT/SUPPORTING ARMS SYSTEMS 83,900 83,900 221 0206624M MARINE CORPS COMBAT SERVICES SUPPORT 27,794 27,794 222 0206625M USMC INTELLIGENCE/ELECTRONIC WARFARE SYSTEMS (MIP) 47,762 47,762 223 0206629M AMPHIBIOUS ASSAULT VEHICLE 373 373 224 0207161N TACTICAL AIM MISSILES 36,439 36,439 225 0207163N ADVANCED MEDIUM RANGE AIR-TO-AIR MISSILE (AMRAAM) 29,198 29,198 226 0208043N PLANNING AND DECISION AID SYSTEM (PDAS) 3,565 3,565 230 0303138N AFLOAT NETWORKS 49,995 49,995 231 0303140N INFORMATION SYSTEMS SECURITY PROGRAM 33,390 33,390 232 0305192N MILITARY INTELLIGENCE PROGRAM (MIP) ACTIVITIES 7,304 7,304 233 0305204N TACTICAL UNMANNED AERIAL VEHICLES 11,235 11,235 234 0305205N UAS INTEGRATION AND INTEROPERABILITY 16,409 16,409 235 0305208M DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS 51,192 51,192 236 0305220N MQ–4C TRITON 12,094 12,094 237 0305231N MQ–8 UAV 29,700 29,700 238 0305232M RQ–11 UAV 2,107 2,107 239 0305234N SMALL (LEVEL 0) TACTICAL UAS (STUASL0) 2,999 2,999 240 0305241N MULTI-INTELLIGENCE SENSOR DEVELOPMENT 49,460 49,460 241 0305242M UNMANNED AERIAL SYSTEMS (UAS) PAYLOADS (MIP) 13,005 13,005 242 0305251N CYBERSPACE OPERATIONS FORCES AND FORCE SUPPORT 2,000 2,000 243 0305421N RQ–4 MODERNIZATION 300,378 300,378 244 0307577N INTELLIGENCE MISSION DATA (IMD) 788 788 245 0308601N MODELING AND SIMULATION SUPPORT 10,994 10,994 246 0702207N DEPOT MAINTENANCE (NON-IF) 23,248 23,248 247 0708730N MARITIME TECHNOLOGY (MARITECH) 3,284 3,284 9999 9999999999 CLASSIFIED PROGRAMS 2,021,376 2,021,376 SUBTOTAL OPERATIONAL SYSTEMS DEVELOPMENT 6,359,438 6,369,438 SOFTWARE AND DIGITAL TECHNOLOGY PILOT PROGRAMS 249 0608013N RISK MANAGEMENT INFORMATION—SOFTWARE PILOT PROGRAM 11,748 11,748 250 0608231N MARITIME TACTICAL COMMAND AND CONTROL (MTC2)—SOFTWARE PILOT PROGRAM 10,555 10,555 SUBTOTAL SOFTWARE AND DIGITAL TECHNOLOGY PILOT PROGRAMS 22,303 22,303 TOTAL RESEARCH, DEVELOPMENT, TEST & EVAL, NAVY 26,922,225 27,177,225 RESEARCH, DEVELOPMENT, TEST & EVAL, AF BASIC RESEARCH 1 0601102F DEFENSE RESEARCH SCIENCES 401,486 401,486 2 0601103F UNIVERSITY RESEARCH INITIATIVES 182,372 182,372 SUBTOTAL BASIC RESEARCH 583,858 583,858 APPLIED RESEARCH 3 0602020F FUTURE AF CAPABILITIES APPLIED RESEARCH 90,713 90,713 4 0602022F UNIVERSITY AFFILIATED RESEARCH CENTER (UARC)—TACTICAL AUTONOMY 8,018 8,018 5 0602102F MATERIALS 142,325 151,325 Advanced materials science for manufacturing research [9,000] 6 0602201F AEROSPACE VEHICLE TECHNOLOGIES 161,268 161,268 7 0602202F HUMAN EFFECTIVENESS APPLIED RESEARCH 146,921 146,921 8 0602203F AEROSPACE PROPULSION 184,867 184,867 9 0602204F AEROSPACE SENSORS 216,269 216,269 11 0602298F SCIENCE AND TECHNOLOGY MANAGEMENT— MAJOR HEADQUARTERS ACTIVITIES 10,303 10,303 12 0602602F CONVENTIONAL MUNITIONS 160,599 160,599 13 0602605F DIRECTED ENERGY TECHNOLOGY 129,961 118,452 DAF requested realignment of funds to 6601SF [–11,509] 14 0602788F DOMINANT INFORMATION SCIENCES AND METHODS 182,076 220,076 Distributed quantum information sciences networking testbed [5,000] Future Flag experimentation testbed [15,000] Ion trapped quantum information sciences computer [8,000] Multi-domain radio frequency spectrum testing environment [5,000] Secure interference-avoiding connectivity of autonomous artificially intelligent machines [5,000] SUBTOTAL APPLIED RESEARCH 1,433,320 1,468,811 ADVANCED TECHNOLOGY DEVELOPMENT 15 0603032F FUTURE AF INTEGRATED TECHNOLOGY DEMOS 255,855 213,655 Program reduction [–42,200] 16 0603112F ADVANCED MATERIALS FOR WEAPON SYSTEMS 30,372 30,372 17 0603199F SUSTAINMENT SCIENCE AND TECHNOLOGY (S&T) 10,478 10,478 18 0603203F ADVANCED AEROSPACE SENSORS 48,046 48,046 19 0603211F AEROSPACE TECHNOLOGY DEV/DEMO 51,896 61,896 Semiautonomous adversary air platform [10,000] 20 0603216F AEROSPACE PROPULSION AND POWER TECHNOLOGY 56,789 56,789 21 0603270F ELECTRONIC COMBAT TECHNOLOGY 32,510 32,510 22 0603273F SCIENCE & TECHNOLOGY FOR NUCLEAR RE-ENTRY SYSTEMS 70,321 70,321 23 0603444F MAUI SPACE SURVEILLANCE SYSTEM (MSSS) 2 2 24 0603456F HUMAN EFFECTIVENESS ADVANCED TECHNOLOGY DEVELOPMENT 15,593 15,593 25 0603601F CONVENTIONAL WEAPONS TECHNOLOGY 132,311 132,311 26 0603605F ADVANCED WEAPONS TECHNOLOGY 102,997 102,997 27 0603680F MANUFACTURING TECHNOLOGY PROGRAM 44,422 49,422 Additive manufacturing for aerospace parts [5,000] 28 0603788F BATTLESPACE KNOWLEDGE DEVELOPMENT AND DEMONSTRATION 37,779 37,779 29 0207412F CONTROL AND REPORTING CENTER (CRC) 2,005 2,005 SUBTOTAL ADVANCED TECHNOLOGY DEVELOPMENT 891,376 864,176 ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES 30 0603036F MODULAR ADVANCED MISSILE 105,238 105,238 31 0603260F INTELLIGENCE ADVANCED DEVELOPMENT 6,237 6,237 32 0603742F COMBAT IDENTIFICATION TECHNOLOGY 21,298 21,298 33 0603790F NATO RESEARCH AND DEVELOPMENT 2,208 2,208 34 0603851F INTERCONTINENTAL BALLISTIC MISSILE—DEM/VAL 45,319 75,319 Enhanced ICBM guidance capability and testing [30,000] 35 0604001F NC3 ADVANCED CONCEPTS 10,011 10,011 37 0604003F ADVANCED BATTLE MANAGEMENT SYSTEM (ABMS) 500,575 500,575 38 0604004F ADVANCED ENGINE DEVELOPMENT 595,352 595,352 39 0604005F NC3 COMMERCIAL DEVELOPMENT & PROTOTYPING 78,799 78,799 40 0604006F DEPT OF THE AIR FORCE TECH ARCHITECTURE 2,620 0 DAF requested realignment of funds to 64858F [–2,620] 41 0604007F E–7 681,039 681,039 42 0604009F AFWERX PRIME 83,336 83,336 43 0604015F LONG RANGE STRIKE—BOMBER 2,984,143 2,984,143 44 0604025F RAPID DEFENSE EXPERIMENTATION RESERVE (RDER) 154,300 154,300 45 0604032F DIRECTED ENERGY PROTOTYPING 1,246 1,246 46 0604033F HYPERSONICS PROTOTYPING 150,340 0 Air-Launched Rapid Response Weapon reduction [–150,340] 47 0604183F HYPERSONICS PROTOTYPING—HYPERSONIC ATTACK CRUISE MISSILE (HACM) 381,528 381,528 48 0604201F PNT RESILIENCY, MODS, AND IMPROVEMENTS 18,041 18,041 49 0604257F ADVANCED TECHNOLOGY AND SENSORS 27,650 27,650 50 0604288F SURVIVABLE AIRBORNE OPERATIONS CENTER (SAOC) 888,829 888,829 51 0604317F TECHNOLOGY TRANSFER 26,638 26,638 52 0604327F HARD AND DEEPLY BURIED TARGET DEFEAT SYSTEM (HDBTDS) PROGRAM 19,266 19,266 53 0604414F CYBER RESILIENCY OF WEAPON SYSTEMS-ACS 37,121 37,121 55 0604668F JOINT TRANSPORTATION MANAGEMENT SYSTEM (JTMS) 37,026 37,026 56 0604776F DEPLOYMENT & DISTRIBUTION ENTERPRISE R&D 31,833 31,833 57 0604858F TECH TRANSITION PROGRAM 210,806 235,476 DAF requested realignment of funds from OMAF SAG 11R [17,550] DAF requested realignment of funds from OMAF SAG 11Z [4,500] DAF requested realignment of funds from RDAF 64006F [2,620] 58 0604860F OPERATIONAL ENERGY AND INSTALLATION RESILIENCE 46,305 46,305 59 0605164F AIR REFUELING CAPABILITY MODERNIZATION 19,400 19,400 61 0207110F NEXT GENERATION AIR DOMINANCE 2,326,128 2,326,128 62 0207179F AUTONOMOUS COLLABORATIVE PLATFORMS 118,826 101,013 DAF requested realignment of funds [–17,813] 63 0207420F COMBAT IDENTIFICATION 1,902 1,902 64 0207455F THREE DIMENSIONAL LONG-RANGE RADAR (3DELRR) 19,763 19,763 65 0207522F AIRBASE AIR DEFENSE SYSTEMS (ABADS) 78,867 78,867 66 0208030F WAR RESERVE MATERIEL—AMMUNITION 8,175 8,175 68 0305236F COMMON DATA LINK EXECUTIVE AGENT (CDL EA) 25,157 25,157 69 0305601F MISSION PARTNER ENVIRONMENTS 17,727 17,727 72 0708051F RAPID SUSTAINMENT MODERNIZATION (RSM) 43,431 43,431 73 0808737F INTEGRATED PRIMARY PREVENTION 9,364 9,364 74 0901410F CONTRACTING INFORMATION TECHNOLOGY SYSTEM 28,294 28,294 75 1206415F U.S. SPACE COMMAND RESEARCH AND DEVELOPMENT SUPPORT 14,892 14,892 SUBTOTAL ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES 9,859,030 9,742,927 SYSTEM DEVELOPMENT & DEMONSTRATION 76 0604200F FUTURE ADVANCED WEAPON ANALYSIS & PROGRAMS 9,757 9,757 77 0604201F PNT RESILIENCY, MODS, AND IMPROVEMENTS 163,156 163,156 78 0604222F NUCLEAR WEAPONS SUPPORT 45,884 45,884 79 0604270F ELECTRONIC WARFARE DEVELOPMENT 13,804 13,804 80 0604281F TACTICAL DATA NETWORKS ENTERPRISE 74,023 79,023 DAF requested realignment of funds [5,000] 81 0604287F PHYSICAL SECURITY EQUIPMENT 10,605 10,605 82 0604602F ARMAMENT/ORDNANCE DEVELOPMENT 5,918 5,918 83 0604604F SUBMUNITIONS 3,345 3,345 84 0604617F AGILE COMBAT SUPPORT 21,967 21,967 85 0604706F LIFE SUPPORT SYSTEMS 39,301 39,301 86 0604735F COMBAT TRAINING RANGES 152,569 152,569 87 0604932F LONG RANGE STANDOFF WEAPON 911,406 891,406 DAF realignment of funds [–20,000] 88 0604933F ICBM FUZE MODERNIZATION 71,732 71,732 89 0605030F JOINT TACTICAL NETWORK CENTER (JTNC) 2,256 2,256 90 0605031F JOINT TACTICAL NETWORK (JTN) 452 452 91 0605056F OPEN ARCHITECTURE MANAGEMENT 36,582 36,582 92 0605057F NEXT GENERATION AIR-REFUELING SYSTEM 7,928 7,928 93 0605223F ADVANCED PILOT TRAINING 77,252 77,252 94 0605229F HH–60W 48,268 48,268 95 0605238F GROUND BASED STRATEGIC DETERRENT EMD 3,746,935 3,739,285 DAF requested realignment of funds [–7,650] 96 0207171F F–15 EPAWSS 13,982 13,982 97 0207279F ISOLATED PERSONNEL SURVIVABILITY AND RECOVERY 56,225 56,225 98 0207328F STAND IN ATTACK WEAPON 298,585 298,585 99 0207701F FULL COMBAT MISSION TRAINING 7,597 7,597 100 0208036F MEDICAL C-CBRNE PROGRAMS 2,006 2,006 102 0305205F ENDURANCE UNMANNED AERIAL VEHICLES 30,000 30,000 103 0401221F KC–46A TANKER SQUADRONS 124,662 124,662 104 0401319F VC–25B 490,701 470,701 5G interference mitigation for critical aircraft navigation and sensor systems on the Presidential Aircraft Fleet [30,000] Program reduction [–50,000] 105 0701212F AUTOMATED TEST SYSTEMS 12,911 12,911 106 0804772F TRAINING DEVELOPMENTS 1,922 1,922 SUBTOTAL SYSTEM DEVELOPMENT & DEMONSTRATION 6,481,731 6,439,081 MANAGEMENT SUPPORT 107 0604256F THREAT SIMULATOR DEVELOPMENT 16,626 16,626 108 0604759F MAJOR T&E INVESTMENT 31,143 31,143 109 0605101F RAND PROJECT AIR FORCE 38,398 38,398 110 0605502F SMALL BUSINESS INNOVATION RESEARCH 1,466 1,466 111 0605712F INITIAL OPERATIONAL TEST & EVALUATION 13,736 13,736 112 0605807F TEST AND EVALUATION SUPPORT 913,213 946,026 DAF requested realignment of funds [32,813] 113 0605827F ACQ WORKFORCE- GLOBAL VIG & COMBAT SYS 317,901 317,901 114 0605828F ACQ WORKFORCE- GLOBAL REACH 541,677 541,677 115 0605829F ACQ WORKFORCE- CYBER, NETWORK, & BUS SYS 551,213 536,513 DAF requested realignment of funds [–14,700] 117 0605831F ACQ WORKFORCE- CAPABILITY INTEGRATION 243,780 273,780 DAF requested realignment of funds [30,000] 118 0605832F ACQ WORKFORCE- ADVANCED PRGM TECHNOLOGY 109,030 77,030 DAF requested realignment of funds [–32,000] 119 0605833F ACQ WORKFORCE- NUCLEAR SYSTEMS 336,788 336,788 120 0605898F MANAGEMENT HQ—R&D 5,005 6,705 DAF requested realignment of funds [1,700] 121 0605976F FACILITIES RESTORATION AND MODERNIZATION—TEST AND EVALUATION SUPPORT 87,889 87,889 122 0605978F FACILITIES SUSTAINMENT—TEST AND EVALUATION SUPPORT 35,065 35,065 123 0606017F REQUIREMENTS ANALYSIS AND MATURATION 89,956 89,956 124 0606398F MANAGEMENT HQ—T&E 7,453 7,453 126 0303255F COMMAND, CONTROL, COMMUNICATION, AND COMPUTERS (C4)—STRATCOM 20,871 40,871 NC3 network sensor demonstration [10,000] NC3 Rapid Engineering Architecture Collaboration Hub (REACH) [10,000] 127 0308602F ENTEPRISE INFORMATION SERVICES (EIS) 100,357 100,357 128 0702806F ACQUISITION AND MANAGEMENT SUPPORT 20,478 20,478 129 0804731F GENERAL SKILL TRAINING 796 6,796 Security Work Readiness for Duty [6,000] 132 1001004F INTERNATIONAL ACTIVITIES 3,917 3,917 SUBTOTAL MANAGEMENT SUPPORT 3,486,758 3,530,571 OPERATIONAL SYSTEMS DEVELOPMENT 134 0604233F SPECIALIZED UNDERGRADUATE FLIGHT TRAINING 41,464 41,464 135 0604283F BATTLE MGMT COM & CTRL SENSOR DEVELOPMENT 40,000 40,000 136 0604445F WIDE AREA SURVEILLANCE 8,018 8,018 137 0604617F AGILE COMBAT SUPPORT 5,645 5,645 139 0604840F F–35 C2D2 1,275,268 1,270,268 DAF requested realignment of funds [–5,000] 140 0605018F AF INTEGRATED PERSONNEL AND PAY SYSTEM (AF-IPPS) 40,203 40,203 141 0605024F ANTI-TAMPER TECHNOLOGY EXECUTIVE AGENCY 49,613 49,613 142 0605117F FOREIGN MATERIEL ACQUISITION AND EXPLOITATION 93,881 93,881 143 0605278F HC/MC–130 RECAP RDT&E 36,536 36,536 144 0606018F NC3 INTEGRATION 22,910 22,910 145 0101113F B–52 SQUADRONS 950,815 964,832 DAF requested realignment of funds [14,017] 146 0101122F AIR-LAUNCHED CRUISE MISSILE (ALCM) 290 290 147 0101126F B–1B SQUADRONS 12,619 12,619 148 0101127F B–2 SQUADRONS 87,623 87,623 149 0101213F MINUTEMAN SQUADRONS 33,237 33,237 150 0101316F WORLDWIDE JOINT STRATEGIC COMMUNICATIONS 24,653 24,653 151 0101318F SERVICE SUPPORT TO STRATCOM—GLOBAL STRIKE 7,562 7,562 153 0101328F ICBM REENTRY VEHICLES 475,415 475,415 155 0102110F MH–139A 25,737 25,737 156 0102326F REGION/SECTOR OPERATION CONTROL CENTER MODERNIZATION PROGRAM 831 831 157 0102412F NORTH WARNING SYSTEM (NWS) 102 102 158 0102417F OVER-THE-HORIZON BACKSCATTER RADAR 428,754 428,754 159 0202834F VEHICLES AND SUPPORT EQUIPMENT—GENERAL 15,498 19,498 DAF requested realignment of funds [4,000] 160 0205219F MQ–9 UAV 81,123 81,123 161 0205671F JOINT COUNTER RCIED ELECTRONIC WARFARE 2,303 2,303 162 0207040F MULTI-PLATFORM ELECTRONIC WARFARE EQUIPMENT 7,312 7,312 164 0207133F F–16 SQUADRONS 98,633 98,633 165 0207134F F–15E SQUADRONS 50,965 50,965 166 0207136F MANNED DESTRUCTIVE SUPPRESSION 16,543 16,543 167 0207138F F–22A SQUADRONS 725,889 725,889 168 0207142F F–35 SQUADRONS 97,231 97,231 169 0207146F F–15EX 100,006 100,006 170 0207161F TACTICAL AIM MISSILES 41,958 41,958 171 0207163F ADVANCED MEDIUM RANGE AIR-TO-AIR MISSILE (AMRAAM) 53,679 53,679 172 0207227F COMBAT RESCUE—PARARESCUE 726 726 173 0207238F E–11A 64,888 64,888 174 0207247F AF TENCAP 25,749 25,749 175 0207249F PRECISION ATTACK SYSTEMS PROCUREMENT 11,872 11,872 176 0207253F COMPASS CALL 66,932 66,932 177 0207268F AIRCRAFT ENGINE COMPONENT IMPROVEMENT PROGRAM 55,223 55,223 178 0207325F JOINT AIR-TO-SURFACE STANDOFF MISSILE (JASSM) 132,937 132,937 179 0207327F SMALL DIAMETER BOMB (SDB) 37,518 37,518 180 0207410F AIR & SPACE OPERATIONS CENTER (AOC) 72,059 72,059 181 0207412F CONTROL AND REPORTING CENTER (CRC) 17,498 17,498 183 0207418F AFSPECWAR—TACP 2,106 2,106 185 0207431F COMBAT AIR INTELLIGENCE SYSTEM ACTIVITIES 72,010 72,010 186 0207438F THEATER BATTLE MANAGEMENT (TBM) C4I 6,467 6,467 187 0207439F ELECTRONIC WARFARE INTEGRATED REPROGRAMMING (EWIR) 10,388 10,388 188 0207444F TACTICAL AIR CONTROL PARTY-MOD 10,060 10,060 189 0207452F DCAPES 8,233 8,233 190 0207521F AIR FORCE CALIBRATION PROGRAMS 2,172 2,172 192 0207573F NATIONAL TECHNICAL NUCLEAR FORENSICS 2,049 2,049 193 0207590F SEEK EAGLE 33,478 33,478 195 0207605F WARGAMING AND SIMULATION CENTERS 11,894 11,894 197 0207697F DISTRIBUTED TRAINING AND EXERCISES 3,811 3,811 198 0208006F MISSION PLANNING SYSTEMS 96,272 96,272 199 0208007F TACTICAL DECEPTION 26,533 26,533 201 0208087F DISTRIBUTED CYBER WARFARE OPERATIONS 50,122 50,122 202 0208088F AF DEFENSIVE CYBERSPACE OPERATIONS 113,064 113,064 208 0208288F INTEL DATA APPLICATIONS 967 967 209 0301025F GEOBASE 1,514 1,514 211 0301113F CYBER SECURITY INTELLIGENCE SUPPORT 8,476 8,476 218 0301401F AF MULTI-DOMAIN NON-TRADITIONAL ISR BATTLESPACE AWARENESS 2,890 3,390 Military Cyber Cooperation Activities with the Kingdom of Jordan [500] 219 0302015F E–4B NATIONAL AIRBORNE OPERATIONS CENTER (NAOC) 39,868 39,868 220 0303004F EIT CONNECT 32,900 32,900 221 0303089F CYBERSPACE OPERATIONS SYSTEMS 4,881 4,881 222 0303131F MINIMUM ESSENTIAL EMERGENCY COMMUNICATIONS NETWORK (MEECN) 33,567 33,567 223 0303133F HIGH FREQUENCY RADIO SYSTEMS 40,000 40,000 224 0303140F INFORMATION SYSTEMS SECURITY PROGRAM 95,523 95,523 226 0303248F ALL DOMAIN COMMON PLATFORM 71,296 71,296 227 0303260F JOINT MILITARY DECEPTION INITIATIVE 4,682 4,682 228 0304100F STRATEGIC MISSION PLANNING & EXECUTION SYSTEM (SMPES) 64,944 64,944 230 0304260F AIRBORNE SIGINT ENTERPRISE 108,947 108,947 231 0304310F COMMERCIAL ECONOMIC ANALYSIS 4,635 4,635 234 0305015F C2 AIR OPERATIONS SUITE—C2 INFO SERVICES 13,751 13,751 235 0305020F CCMD INTELLIGENCE INFORMATION TECHNOLOGY 1,660 1,660 236 0305022F ISR MODERNIZATION & AUTOMATION DVMT (IMAD) 18,680 18,680 237 0305099F GLOBAL AIR TRAFFIC MANAGEMENT (GATM) 5,031 5,031 238 0305103F CYBER SECURITY INITIATIVE 301 301 239 0305111F WEATHER SERVICE 26,329 35,329 Weather service data migration [9,000] 240 0305114F AIR TRAFFIC CONTROL, APPROACH, AND LANDING SYSTEM (ATCALS) 8,751 8,751 241 0305116F AERIAL TARGETS 6,915 6,915 244 0305128F SECURITY AND INVESTIGATIVE ACTIVITIES 352 352 245 0305146F DEFENSE JOINT COUNTERINTELLIGENCE ACTIVITIES 6,930 6,930 246 0305179F INTEGRATED BROADCAST SERVICE (IBS) 21,588 21,588 247 0305202F DRAGON U–2 16,842 16,842 248 0305206F AIRBORNE RECONNAISSANCE SYSTEMS 43,158 43,158 249 0305207F MANNED RECONNAISSANCE SYSTEMS 14,330 14,330 250 0305208F DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS 88,854 88,854 251 0305220F RQ–4 UAV 1,242 1,242 252 0305221F NETWORK-CENTRIC COLLABORATIVE TARGETING 12,496 12,496 253 0305238F NATO AGS 2 2 254 0305240F SUPPORT TO DCGS ENTERPRISE 31,589 31,589 255 0305600F INTERNATIONAL INTELLIGENCE TECHNOLOGY AND ARCHITECTURES 15,322 15,322 256 0305881F RAPID CYBER ACQUISITION 8,830 8,830 257 0305984F PERSONNEL RECOVERY COMMAND & CTRL (PRC2) 2,764 2,764 258 0307577F INTELLIGENCE MISSION DATA (IMD) 7,090 7,090 259 0401115F C–130 AIRLIFT SQUADRON 5,427 5,427 260 0401119F C–5 AIRLIFT SQUADRONS (IF) 29,502 29,502 261 0401130F C–17 AIRCRAFT (IF) 2,753 2,753 262 0401132F C–130J PROGRAM 19,100 19,100 263 0401134F LARGE AIRCRAFT IR COUNTERMEASURES (LAIRCM) 5,982 5,982 264 0401218F KC–135S 51,105 51,105 265 0401318F CV–22 18,127 18,127 266 0408011F SPECIAL TACTICS / COMBAT CONTROL 9,198 9,198 268 0708610F LOGISTICS INFORMATION TECHNOLOGY (LOGIT) 17,520 17,520 269 0801380F AF LVC OPERATIONAL TRAINING (LVC-OT) 25,144 25,144 270 0804743F OTHER FLIGHT TRAINING 2,265 2,265 272 0901202F JOINT PERSONNEL RECOVERY AGENCY 2,266 2,266 273 0901218F CIVILIAN COMPENSATION PROGRAM 4,006 4,006 274 0901220F PERSONNEL ADMINISTRATION 3,078 3,078 275 0901226F AIR FORCE STUDIES AND ANALYSIS AGENCY 5,309 5,309 276 0901538F FINANCIAL MANAGEMENT INFORMATION SYSTEMS DEVELOPMENT 4,279 4,279 277 0901554F DEFENSE ENTERPRISE ACNTNG AND MGT SYS (DEAMS) 45,925 45,925 278 1202140F SERVICE SUPPORT TO SPACECOM ACTIVITIES 9,778 9,778 9999 9999999999 CLASSIFIED PROGRAMS 16,814,245 16,814,245 SUBTOTAL OPERATIONAL SYSTEMS DEVELOPMENT 23,829,283 23,851,800 TOTAL RESEARCH, DEVELOPMENT, TEST & EVAL, AF 46,565,356 46,481,224 RESEARCH, DEVELOPMENT, TEST & EVAL, SF APPLIED RESEARCH 4 1206601SF SPACE TECHNOLOGY 206,196 350,663 Advanced analog microelectronics [8,600] Advanced isotope power systems [5,000] DAF requested realignment of funds [84,397] Ground-based interferometry [16,000] Lunar surface-based domain awareness [5,000] Solar cruiser [10,000] Space modeling, simulation, and analysis hub [15,470] SUBTOTAL APPLIED RESEARCH 206,196 350,663 ADVANCED TECHNOLOGY DEVELOPMENT 5 1206310SF SPACE SCIENCE AND TECHNOLOGY RESEARCH AND DEVELOPMENT 472,493 477,493 Human performance optimization [5,000] 6 1206616SF SPACE ADVANCED TECHNOLOGY DEVELOPMENT/DEMO 110,033 158,033 DAF requested realignment of funds [40,000] Modular multi-mode propulsion system [8,000] SUBTOTAL ADVANCED TECHNOLOGY DEVELOPMENT 582,526 635,526 ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES 7 0604002SF SPACE FORCE WEATHER SERVICES RESEARCH 849 849 8 1203010SF SPACE FORCE IT, DATA ANALYTICS, DIGITAL SOLUTIONS 61,723 61,723 9 1203164SF NAVSTAR GLOBAL POSITIONING SYSTEM (USER EQUIPMENT) (SPACE) 353,807 353,807 10 1203622SF SPACE WARFIGHTING ANALYSIS 95,541 95,541 11 1203710SF EO/IR WEATHER SYSTEMS 95,615 112,115 Weather satellite risk reduction [16,500] 13 1206410SF SPACE TECHNOLOGY DEVELOPMENT AND PROTOTYPING 2,081,307 2,081,307 16 1206427SF SPACE SYSTEMS PROTOTYPE TRANSITIONS (SSPT) 145,948 105,948 DAF requested realignment of funds to 6616SF [–40,000] 17 1206438SF SPACE CONTROL TECHNOLOGY 58,374 58,374 18 1206458SF TECH TRANSITION (SPACE) 164,649 179,649 Encouraging the establishment of the outernet [15,000] 19 1206730SF SPACE SECURITY AND DEFENSE PROGRAM 59,784 59,784 20 1206760SF PROTECTED TACTICAL ENTERPRISE SERVICE (PTES) 76,554 76,554 21 1206761SF PROTECTED TACTICAL SERVICE (PTS) 360,126 360,126 22 1206855SF EVOLVED STRATEGIC SATCOM (ESS) 632,833 632,833 23 1206857SF SPACE RAPID CAPABILITIES OFFICE 12,036 12,036 24 1206862SF TACTICALLY RESPONSE SPACE 30,000 30,000 SUBTOTAL ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES 4,229,146 4,220,646 SYSTEM DEVELOPMENT & DEMONSTRATION 25 1203269SF GPS III FOLLOW-ON (GPS IIIF) 308,999 308,999 27 1206421SF COUNTERSPACE SYSTEMS 36,537 36,537 28 1206422SF WEATHER SYSTEM FOLLOW-ON 79,727 79,727 29 1206425SF SPACE SITUATION AWARENESS SYSTEMS 372,827 372,827 30 1206431SF ADVANCED EHF MILSATCOM (SPACE) 4,068 4,068 31 1206432SF POLAR MILSATCOM (SPACE) 73,757 73,757 32 1206433SF WIDEBAND GLOBAL SATCOM (SPACE) 49,445 49,445 33 1206440SF NEXT-GEN OPIR—GROUND 661,367 661,367 34 1206442SF NEXT GENERATION OPIR 222,178 222,178 35 1206443SF NEXT-GEN OPIR—GEO 719,731 719,731 36 1206444SF NEXT-GEN OPIR—POLAR 1,013,478 1,013,478 37 1206445SF COMMERCIAL SATCOM (COMSATCOM) INTEGRATION 73,501 73,501 38 1206446SF RESILIENT MISSILE WARNING MISSILE TRACKING—LOW EARTH ORBIT (LEO) 1,266,437 1,519,222 DAF requested realignment of funds [252,785] 39 1206447SF RESILIENT MISSILE WARNING MISSILE TRACKING—MEDIUM EARTH ORBIT (MEO) 538,208 790,992 DAF requested realignment of funds [252,784] 40 1206448SF RESILIENT MISSILE WARNING MISSILE TRACKING—INTEGRATED GROUND SEGMENT 505,569 0 DAF requested realignment of funds to 6446SF [–252,785] DAF requested realignment of funds to 6447SF [–252,784] 41 1206853SF NATIONAL SECURITY SPACE LAUNCH PROGRAM (SPACE)—EMD 82,188 82,188 SUBTOTAL SYSTEM DEVELOPMENT & DEMONSTRATION 6,008,017 6,008,017 MANAGEMENT SUPPORT 43 1203622SF SPACE WARFIGHTING ANALYSIS 3,568 3,568 46 1206392SF ACQ WORKFORCE—SPACE & MISSILE SYSTEMS 258,969 276,500 DAF requested realignment of funds [17,531] 47 1206398SF SPACE & MISSILE SYSTEMS CENTER—MHA 13,694 15,053 DAF requested realignment of funds [1,359] 48 1206601SF SPACE TECHNOLOGY 91,778 0 DAF requested realignment of funds [–91,778] 49 1206759SF MAJOR T&E INVESTMENT—SPACE 146,797 146,797 50 1206860SF ROCKET SYSTEMS LAUNCH PROGRAM (SPACE) 18,023 18,023 52 1206864SF SPACE TEST PROGRAM (STP) 30,192 30,192 SUBTOTAL MANAGEMENT SUPPORT 563,021 490,133 OPERATIONAL SYSTEMS DEVELOPMENT 55 1203001SF FAMILY OF ADVANCED BLOS TERMINALS (FAB-T) 91,369 91,369 56 1203040SF DCO-SPACE 76,003 76,003 57 1203109SF NARROWBAND SATELLITE COMMUNICATIONS 230,785 230,785 58 1203110SF SATELLITE CONTROL NETWORK (SPACE) 86,465 86,465 59 1203154SF LONG RANGE KILL CHAINS 243,036 243,036 61 1203173SF SPACE AND MISSILE TEST AND EVALUATION CENTER 22,039 22,039 62 1203174SF SPACE INNOVATION, INTEGRATION AND RAPID TECHNOLOGY DEVELOPMENT 41,483 41,483 63 1203182SF SPACELIFT RANGE SYSTEM (SPACE) 11,175 11,175 65 1203330SF SPACE SUPERIORITY ISR 28,730 28,730 67 1203873SF BALLISTIC MISSILE DEFENSE RADARS 20,752 28,752 Perimeter Acquisition Radar Attack Characterization System (PARCS) radar [8,000] 68 1203906SF NCMC—TW/AA SYSTEM 25,545 25,545 69 1203913SF NUDET DETECTION SYSTEM (SPACE) 93,391 93,391 70 1203940SF SPACE SITUATION AWARENESS OPERATIONS 264,966 264,966 71 1206423SF GLOBAL POSITIONING SYSTEM III—OPERATIONAL CONTROL SEGMENT 317,309 317,309 75 1206770SF ENTERPRISE GROUND SERVICES 155,825 155,825 76 1208053SF JOINT TACTICAL GROUND SYSTEM 14,568 14,568 9999 9999999999 CLASSIFIED PROGRAMS 5,764,667 6,225,367 Space Force realignment of funds for classified program [270,000] Space Force Unfunded Priorities List Classified Program B [83,000] Space Force Unfunded Priorities List Classified Program C [53,000] Space Force Unfunded Priorities List Classified Program D [54,700] SUBTOTAL OPERATIONAL SYSTEMS DEVELOPMENT 7,488,108 7,956,808 SOFTWARE AND DIGITAL TECHNOLOGY PILOT PROGRAMS 78 1208248SF SPACE COMMAND & CONTROL—SOFTWARE PILOT PROGRAM 122,326 122,326 SUBTOTAL SOFTWARE AND DIGITAL TECHNOLOGY PILOT PROGRAMS 122,326 122,326 TOTAL RESEARCH, DEVELOPMENT, TEST & EVAL, SF 19,199,340 19,784,119 RESEARCH, DEVELOPMENT, TEST & EVAL, DW BASIC RESEARCH 1 0601000BR DTRA BASIC RESEARCH 14,761 14,761 2 0601101E DEFENSE RESEARCH SCIENCES 311,531 311,531 3 0601108D8Z HIGH ENERGY LASER RESEARCH INITIATIVES 16,329 16,329 4 0601110D8Z BASIC RESEARCH INITIATIVES 71,783 96,783 Defense Established Program to Stimulate Competitive Research (DEPSCoR) [25,000] 5 0601117E BASIC OPERATIONAL MEDICAL RESEARCH SCIENCE 50,430 50,430 6 0601120D8Z NATIONAL DEFENSE EDUCATION PROGRAM 159,549 169,549 Enhanced civics education program [10,000] 7 0601228D8Z HISTORICALLY BLACK COLLEGES AND UNIVERSITIES/MINORITY INSTITUTIONS 100,467 100,467 8 0601384BP CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM 36,235 36,235 SUBTOTAL BASIC RESEARCH 761,085 796,085 APPLIED RESEARCH 9 0602000D8Z JOINT MUNITIONS TECHNOLOGY 19,157 19,157 10 0602115E BIOMEDICAL TECHNOLOGY 141,081 141,081 11 0602128D8Z PROMOTION AND PROTECTION STRATEGIES 3,219 3,219 12 0602230D8Z DEFENSE TECHNOLOGY INNOVATION 55,160 55,160 13 0602234D8Z LINCOLN LABORATORY RESEARCH PROGRAM 46,858 46,858 14 0602251D8Z APPLIED RESEARCH FOR THE ADVANCEMENT OF S&T PRIORITIES 66,866 66,866 15 0602303E INFORMATION & COMMUNICATIONS TECHNOLOGY 333,029 333,029 17 0602384BP CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM 240,610 240,610 18 0602668D8Z CYBER SECURITY RESEARCH 17,437 20,437 Semiconductor industry cybersecurity research [3,000] 19 0602675D8Z SOCIAL SCIENCES FOR ENVIRONMENTAL SECURITY 4,718 4,718 20 0602702E TACTICAL TECHNOLOGY 234,549 234,549 21 0602715E MATERIALS AND BIOLOGICAL TECHNOLOGY 344,986 344,986 22 0602716E ELECTRONICS TECHNOLOGY 572,662 572,662 23 0602718BR COUNTER WEAPONS OF MASS DESTRUCTION APPLIED RESEARCH 208,870 208,870 24 0602751D8Z SOFTWARE ENGINEERING INSTITUTE (SEI) APPLIED RESEARCH 11,168 11,168 25 0602890D8Z HIGH ENERGY LASER RESEARCH 48,804 48,804 26 0602891D8Z FSRM MODELLING 2,000 2,000 27 1160401BB SOF TECHNOLOGY DEVELOPMENT 52,287 52,287 SUBTOTAL APPLIED RESEARCH 2,403,461 2,406,461 ADVANCED TECHNOLOGY DEVELOPMENT 28 0603000D8Z JOINT MUNITIONS ADVANCED TECHNOLOGY 37,706 37,706 29 0603021D8Z NATIONAL SECURITY INNOVATION CAPITAL 15,085 15,085 30 0603121D8Z SO/LIC ADVANCED DEVELOPMENT 30,102 30,102 31 0603122D8Z COMBATING TERRORISM TECHNOLOGY SUPPORT 75,593 105,593 Loitering munition development [5,000] U.S.-Israel defense collaboration on emerging technologies [25,000] 32 0603133D8Z FOREIGN COMPARATIVE TESTING 27,078 27,078 33 0603160BR COUNTER WEAPONS OF MASS DESTRUCTION ADVANCED TECHNOLOGY DEVELOPMENT 400,947 405,947 Advanced manufacturing of energetic materials [5,000] 34 0603176BR ADVANCED CONCEPTS AND PERFORMANCE ASSESSMENT 7,990 7,990 35 0603176C ADVANCED CONCEPTS AND PERFORMANCE ASSESSMENT 17,825 17,825 36 0603180C ADVANCED RESEARCH 21,461 21,461 37 0603183D8Z JOINT HYPERSONIC TECHNOLOGY DEVELOPMENT &TRANSITION 52,292 52,292 38 0603225D8Z JOINT DOD-DOE MUNITIONS TECHNOLOGY DEVELOPMENT 19,567 19,567 39 0603260BR INTELLIGENCE ADVANCED DEVELOPMENT 10,000 10,000 40 0603286E ADVANCED AEROSPACE SYSTEMS 331,753 331,753 41 0603287E SPACE PROGRAMS AND TECHNOLOGY 134,809 134,809 42 0603288D8Z ANALYTIC ASSESSMENTS 24,328 24,328 43 0603289D8Z ADVANCED INNOVATIVE ANALYSIS AND CONCEPTS 55,626 55,626 44 0603330D8Z QUANTUM APPLICATION 75,000 75,000 46 0603342D8Z DEFENSE INNOVATION UNIT (DIU) 104,729 104,729 47 0603375D8Z TECHNOLOGY INNOVATION 123,837 123,837 48 0603379D8Z ADVANCED TECHNICAL INTEGRATION 11,000 11,000 49 0603384BP CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM—ADVANCED DEVELOPMENT 267,073 292,073 Generative Unconstrained Intelligent Drug Engineering-Enhanced Biodefense [25,000] 50 0603527D8Z RETRACT LARCH 57,401 57,401 51 0603618D8Z JOINT ELECTRONIC ADVANCED TECHNOLOGY 19,793 19,793 53 0603662D8Z NETWORKED COMMUNICATIONS CAPABILITIES 11,197 11,197 54 0603680D8Z DEFENSE-WIDE MANUFACTURING SCIENCE AND TECHNOLOGY PROGRAM 252,965 264,965 Additive manufacturing at scale [7,000] Digital manufacturing modernization [5,000] 55 0603680S MANUFACTURING TECHNOLOGY PROGRAM 46,404 46,404 56 0603712S GENERIC LOGISTICS R&D TECHNOLOGY DEMONSTRATIONS 16,580 16,580 57 0603716D8Z STRATEGIC ENVIRONMENTAL RESEARCH PROGRAM 60,387 60,387 58 0603720S MICROELECTRONICS TECHNOLOGY DEVELOPMENT AND SUPPORT 144,707 144,707 59 0603727D8Z JOINT WARFIGHTING PROGRAM 2,749 2,749 60 0603739E ADVANCED ELECTRONICS TECHNOLOGIES 254,033 254,033 61 0603760E COMMAND, CONTROL AND COMMUNICATIONS SYSTEMS 321,591 321,591 62 0603766E NETWORK-CENTRIC WARFARE TECHNOLOGY 885,425 885,425 63 0603767E SENSOR TECHNOLOGY 358,580 358,580 65 0603781D8Z SOFTWARE ENGINEERING INSTITUTE 16,699 16,699 66 0603838D8Z DEFENSE INNOVATION ACCELERATION (DIA) 257,110 257,110 67 0603924D8Z HIGH ENERGY LASER ADVANCED TECHNOLOGY PROGRAM 111,799 111,799 68 0603941D8Z TEST & EVALUATION SCIENCE & TECHNOLOGY 345,384 345,384 69 0603945D8Z AUKUS INNOVATION INITIATIVES 25,000 25,000 70 0603950D8Z NATIONAL SECURITY INNOVATION NETWORK 21,575 28,575 National Security Innovation Network [7,000] 71 0604055D8Z OPERATIONAL ENERGY CAPABILITY IMPROVEMENT 171,668 181,668 Increase for tristructural-isotrophic fuel [10,000] 72 1160402BB SOF ADVANCED TECHNOLOGY DEVELOPMENT 156,097 156,097 SUBTOTAL ADVANCED TECHNOLOGY DEVELOPMENT 5,380,945 5,469,945 ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES 74 0603161D8Z NUCLEAR AND CONVENTIONAL PHYSICAL SECURITY EQUIPMENT RDT&E ADC&P 76,764 76,764 75 0603600D8Z WALKOFF 143,486 143,486 76 0603851D8Z ENVIRONMENTAL SECURITY TECHNICAL CERTIFICATION PROGRAM 117,196 123,196 Sustainable Technology Evaluation and Demonstration program increase [6,000] 77 0603881C BALLISTIC MISSILE DEFENSE TERMINAL DEFENSE SEGMENT 220,311 220,311 78 0603882C BALLISTIC MISSILE DEFENSE MIDCOURSE DEFENSE SEGMENT 903,633 903,633 79 0603884BP CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM—DEM/VAL 316,853 316,853 80 0603884C BALLISTIC MISSILE DEFENSE SENSORS 239,159 239,159 81 0603890C BMD ENABLING PROGRAMS 597,720 597,720 82 0603891C SPECIAL PROGRAMS—MDA 552,888 552,888 83 0603892C AEGIS BMD 693,727 693,727 84 0603896C BALLISTIC MISSILE DEFENSE COMMAND AND CONTROL, BATTLE MANAGEMENT AND COMMUNICATI 554,201 554,201 85 0603898C BALLISTIC MISSILE DEFENSE JOINT WARFIGHTER SUPPORT 48,248 48,248 86 0603904C MISSILE DEFENSE INTEGRATION & OPERATIONS CENTER (MDIOC) 50,549 50,549 87 0603906C REGARDING TRENCH 12,564 27,564 Program increase—MDA UFR [15,000] 88 0603907C SEA BASED X-BAND RADAR (SBX) 177,868 177,868 89 0603913C ISRAELI COOPERATIVE PROGRAMS 300,000 325,000 U.S.-Israel cooperation on directed energy capabilities [25,000] 90 0603914C BALLISTIC MISSILE DEFENSE TEST 360,455 360,455 91 0603915C BALLISTIC MISSILE DEFENSE TARGETS 570,258 580,258 Hypersonic Targets and Countermeasures Program [10,000] 92 0603923D8Z COALITION WARFARE 12,103 12,103 93 0604011D8Z NEXT GENERATION INFORMATION COMMUNICATIONS TECHNOLOGY (5G) 179,278 179,278 94 0604016D8Z DEPARTMENT OF DEFENSE CORROSION PROGRAM 3,185 3,185 95 0604102C GUAM DEFENSE DEVELOPMENT 397,578 397,578 97 0604124D8Z CHIEF DIGITAL AND ARTIFICIAL INTELLIGENCE OFFICER (CDAO)—MIP 34,350 34,350 98 0604181C HYPERSONIC DEFENSE 208,997 208,997 99 0604250D8Z ADVANCED INNOVATIVE TECHNOLOGIES 1,085,826 1,085,826 100 0604294D8Z TRUSTED & ASSURED MICROELECTRONICS 810,839 810,839 101 0604331D8Z RAPID PROTOTYPING PROGRAM 110,291 110,291 102 0604331J RAPID PROTOTYPING PROGRAM 9,880 9,880 104 0604400D8Z DEPARTMENT OF DEFENSE (DOD) UNMANNED SYSTEM COMMON DEVELOPMENT 2,643 2,643 105 0604551BR CATAPULT INFORMATION SYSTEM 8,328 8,328 106 0604555D8Z OPERATIONAL ENERGY CAPABILITY IMPROVEMENT—NON S&T 53,726 53,726 108 0604682D8Z WARGAMING AND SUPPORT FOR STRATEGIC ANALYSIS (SSA) 3,206 3,206 109 0604790D8Z RAPID DEFENSE EXPERIMENTATION RESERVE (RDER) 79,773 79,773 110 0604826J JOINT C5 CAPABILITY DEVELOPMENT, INTEGRATION AND INTEROPERABILITY ASSESSMENTS 28,517 28,517 111 0604873C LONG RANGE DISCRIMINATION RADAR (LRDR) 103,517 103,517 112 0604874C IMPROVED HOMELAND DEFENSE INTERCEPTORS 2,130,838 2,130,838 113 0604876C BALLISTIC MISSILE DEFENSE TERMINAL DEFENSE SEGMENT TEST 47,577 47,577 114 0604878C AEGIS BMD TEST 193,484 193,484 115 0604879C BALLISTIC MISSILE DEFENSE SENSOR TEST 111,049 111,049 116 0604880C LAND-BASED SM–3 (LBSM3) 22,163 22,163 117 0604887C BALLISTIC MISSILE DEFENSE MIDCOURSE SEGMENT TEST 41,824 41,824 118 0202057C SAFETY PROGRAM MANAGEMENT 2,484 2,484 119 0208059JCY CYBERCOM ACTIVITIES 65,484 65,484 120 0208085JCY ROBUST INFRASTRUCTURE AND ACCESS 170,182 170,182 121 0208086JCY CYBER TRAINING ENVIRONMENT (CTE) 114,980 114,980 122 0300206R ENTERPRISE INFORMATION TECHNOLOGY SYSTEMS 2,156 2,156 123 0305103C CYBER SECURITY INITIATIVE 2,760 2,760 124 0305245D8Z INTELLIGENCE CAPABILITIES AND INNOVATION INVESTMENTS 3,000 3,000 125 0305251JCY CYBERSPACE OPERATIONS FORCES AND FORCE SUPPORT 2,669 2,669 126 0901579D8Z OFFICE OF STRATEGIC CAPITAL (OSC) 99,000 99,000 129 1206895C BALLISTIC MISSILE DEFENSE SYSTEM SPACE PROGRAMS 109,483 109,483 SUBTOTAL ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES 12,187,050 12,243,050 SYSTEM DEVELOPMENT & DEMONSTRATION 130 0604123D8Z CHIEF DIGITAL AND ARTIFICIAL INTELLIGENCE OFFICER (CDAO)—DEM/VAL ACTIVITIES 615,246 615,246 131 0604161D8Z NUCLEAR AND CONVENTIONAL PHYSICAL SECURITY EQUIPMENT RDT&E SDD 6,229 6,229 132 0604384BP CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM—EMD 382,977 382,977 133 0604771D8Z JOINT TACTICAL INFORMATION DISTRIBUTION SYSTEM (JTIDS) 9,775 9,775 134 0605000BR COUNTER WEAPONS OF MASS DESTRUCTION SYSTEMS DEVELOPMENT 14,414 14,414 135 0605013BL INFORMATION TECHNOLOGY DEVELOPMENT 6,953 6,953 136 0605021SE HOMELAND PERSONNEL SECURITY INITIATIVE 9,292 9,292 137 0605022D8Z DEFENSE EXPORTABILITY PROGRAM 18,981 18,981 138 0605027D8Z OUSD(C) IT DEVELOPMENT INITIATIVES 5,456 5,456 140 0605080S DEFENSE AGENCY INITIATIVES (DAI)—FINANCIAL SYSTEM 32,629 32,629 141 0605141BR MISSION ASSURANCE RISK MANAGEMENT SYSTEM (MARMS) 9,316 9,316 142 0605210D8Z DEFENSE-WIDE ELECTRONIC PROCUREMENT CAPABILITIES 6,899 6,899 143 0605294D8Z TRUSTED & ASSURED MICROELECTRONICS 297,586 297,586 145 0605772D8Z NUCLEAR COMMAND, CONTROL, & COMMUNICATIONS 4,110 4,110 146 0305304D8Z DOD ENTERPRISE ENERGY INFORMATION MANAGEMENT (EEIM) 8,159 8,159 147 0305310D8Z CWMD SYSTEMS: SYSTEM DEVELOPMENT AND DEMONSTRATION 14,471 14,471 148 0505167D8Z DOMESTIC PREPAREDNESS AGAINST WEAPONS OF MASS DESTRUCTION 3,770 3,770 SUBTOTAL SYSTEM DEVELOPMENT & DEMONSTRATION 1,446,263 1,446,263 MANAGEMENT SUPPORT 149 0603829J JOINT CAPABILITY EXPERIMENTATION 12,402 12,402 150 0604774D8Z DEFENSE READINESS REPORTING SYSTEM (DRRS) 12,746 12,746 151 0604875D8Z JOINT SYSTEMS ARCHITECTURE DEVELOPMENT 8,426 8,426 152 0604940D8Z CENTRAL TEST AND EVALUATION INVESTMENT DEVELOPMENT (CTEIP) 833,792 833,792 153 0604942D8Z ASSESSMENTS AND EVALUATIONS 5,810 5,810 154 0605001E MISSION SUPPORT 99,090 99,090 155 0605100D8Z JOINT MISSION ENVIRONMENT TEST CAPABILITY (JMETC) 187,421 187,421 156 0605126J JOINT INTEGRATED AIR AND MISSILE DEFENSE ORGANIZATION (JIAMDO) 61,477 61,477 158 0605142D8Z SYSTEMS ENGINEERING 39,949 39,949 159 0605151D8Z STUDIES AND ANALYSIS SUPPORT—OSD 6,292 6,292 160 0605161D8Z NUCLEAR MATTERS-PHYSICAL SECURITY 21,043 21,043 161 0605170D8Z SUPPORT TO NETWORKS AND INFORMATION INTEGRATION 10,504 10,504 162 0605200D8Z GENERAL SUPPORT TO OUSD(INTELLIGENCE AND SECURITY) 2,980 2,980 163 0605384BP CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM 74,382 74,382 170 0605790D8Z SMALL BUSINESS INNOVATION RESEARCH (SBIR)/ SMALL BUSINESS TECHNOLOGY TRANSFER 3,831 3,831 171 0605797D8Z MAINTAINING TECHNOLOGY ADVANTAGE 38,923 38,923 172 0605798D8Z DEFENSE TECHNOLOGY ANALYSIS 60,404 60,404 173 0605801KA DEFENSE TECHNICAL INFORMATION CENTER (DTIC) 65,715 60,715 Information Analysis Centers reduction [–5,000] 174 0605803SE R&D IN SUPPORT OF DOD ENLISTMENT, TESTING AND EVALUATION 26,037 26,037 175 0605804D8Z DEVELOPMENT TEST AND EVALUATION 37,353 37,353 176 0605898E MANAGEMENT HQ—R&D 14,833 14,833 177 0605998KA MANAGEMENT HQ—DEFENSE TECHNICAL INFORMATION CENTER (DTIC) 3,752 3,752 178 0606005D8Z SPECIAL ACTIVITIES 18,088 18,088 179 0606100D8Z BUDGET AND PROGRAM ASSESSMENTS 14,427 14,427 180 0606114D8Z ANALYSIS WORKING GROUP (AWG) SUPPORT 4,200 4,200 181 0606135D8Z CHIEF DIGITAL AND ARTIFICIAL INTELLIGENCE OFFICER (CDAO) ACTIVITIES 17,247 17,247 182 0606225D8Z ODNA TECHNOLOGY AND RESOURCE ANALYSIS 3,386 3,386 183 0606300D8Z DEFENSE SCIENCE BOARD 2,352 2,352 184 0606301D8Z AVIATION SAFETY TECHNOLOGIES 213 213 186 0606771D8Z CYBER RESILIENCY AND CYBERSECURITY POLICY 45,194 45,194 187 0606853BR MANAGEMENT, TECHNICAL & INTERNATIONAL SUPPORT 11,919 11,919 188 0203345D8Z DEFENSE OPERATIONS SECURITY INITIATIVE (DOSI) 3,112 3,112 189 0204571J JOINT STAFF ANALYTICAL SUPPORT 4,916 4,916 190 0208045K C4I INTEROPERABILITY 66,152 66,152 195 0305172K COMBINED ADVANCED APPLICATIONS 5,366 5,366 197 0305208K DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS 3,069 3,069 199 0804768J COCOM EXERCISE ENGAGEMENT AND TRAINING TRANSFORMATION (CE2T2)—NON-MHA 101,319 101,319 200 0808709SE DEFENSE EQUAL OPPORTUNITY MANAGEMENT INSTITUTE (DEOMI) 740 740 201 0901598C MANAGEMENT HQ—MDA 28,363 28,363 202 0903235K JOINT SERVICE PROVIDER (JSP) 5,177 5,177 9999 9999999999 CLASSIFIED PROGRAMS 36,315 63,315 All Domain Anomaly Resolution Office [27,000] SUBTOTAL MANAGEMENT SUPPORT 1,998,717 2,020,717 OPERATIONAL SYSTEMS DEVELOPMENT 203 0604130V ENTERPRISE SECURITY SYSTEM (ESS) 42,482 42,482 205 0607210D8Z INDUSTRIAL BASE ANALYSIS AND SUSTAINMENT SUPPORT 1,017,141 1,045,141 Domestic advanced microelectronics packaging [5,000] Rapid Innovation Program [20,000] Shipbuilding and ship repair workforce development [3,000] 206 0607310D8Z COUNTERPROLIFERATION SPECIAL PROJECTS: OPERATIONAL SYSTEMS DEVELOPMENT 12,713 12,713 207 0607327T GLOBAL THEATER SECURITY COOPERATION MANAGEMENT INFORMATION SYSTEMS (G-TSCMIS) 8,503 8,503 208 0607384BP CHEMICAL AND BIOLOGICAL DEFENSE (OPERATIONAL SYSTEMS DEVELOPMENT) 80,495 80,495 209 0208097JCY CYBER COMMAND AND CONTROL (CYBER C2) 95,733 95,733 210 0208099JCY DATA AND UNIFIED PLATFORM (D&UP) 138,558 138,558 214 0302019K DEFENSE INFO INFRASTRUCTURE ENGINEERING AND INTEGRATION 19,299 19,299 215 0303126K LONG-HAUL COMMUNICATIONS—DCS 37,726 37,726 216 0303131K MINIMUM ESSENTIAL EMERGENCY COMMUNICATIONS NETWORK (MEECN) 5,037 5,037 218 0303140D8Z INFORMATION SYSTEMS SECURITY PROGRAM 97,171 97,171 220 0303140K INFORMATION SYSTEMS SECURITY PROGRAM 8,351 8,351 222 0303153K DEFENSE SPECTRUM ORGANIZATION 35,995 35,995 223 0303171K JOINT PLANNING AND EXECUTION SERVICES 5,677 5,677 224 0303228K JOINT REGIONAL SECURITY STACKS (JRSS) 3,196 3,196 228 0305104D8Z DEFENSE INDUSTRIAL BASE (DIB) CYBER SECURITY INITIATIVE 25,655 25,655 232 0305133V INDUSTRIAL SECURITY ACTIVITIES 2,134 2,134 235 0305146V DEFENSE JOINT COUNTERINTELLIGENCE ACTIVITIES 2,295 2,295 236 0305172D8Z COMBINED ADVANCED APPLICATIONS 52,736 52,736 239 0305186D8Z POLICY R&D PROGRAMS 6,263 6,263 240 0305199D8Z NET CENTRICITY 23,275 23,275 242 0305208BB DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS 6,214 6,214 249 0305327V INSIDER THREAT 2,971 2,971 250 0305387D8Z HOMELAND DEFENSE TECHNOLOGY TRANSFER PROGRAM 1,879 1,879 257 0306250JCY CYBER OPERATIONS TECHNOLOGY SUPPORT 469,385 480,385 Locked Shield Exercise [4,000] Modernization of Department of Defense Internet Gateway Cyber Defense [7,000] 261 0505167D8Z DOMESTIC PREPAREDNESS AGAINST WEAPONS OF MASS DESTRUCTION 1,760 1,760 262 0708012K LOGISTICS SUPPORT ACTIVITIES 1,420 1,420 263 0708012S PACIFIC DISASTER CENTERS 1,905 1,905 264 0708047S DEFENSE PROPERTY ACCOUNTABILITY SYSTEM 3,249 3,249 265 1105219BB MQ–9 UAV 37,188 37,188 267 1160403BB AVIATION SYSTEMS 216,174 216,174 268 1160405BB INTELLIGENCE SYSTEMS DEVELOPMENT 86,737 86,737 269 1160408BB OPERATIONAL ENHANCEMENTS 216,135 216,135 270 1160431BB WARRIOR SYSTEMS 263,374 280,514 Counter Uncrewed Aerial Systems (CUAS) Group 3 Defeat Acceleration [11,250] Next-Generation Blue Force Tracker [5,890] 271 1160432BB SPECIAL PROGRAMS 529 529 272 1160434BB UNMANNED ISR 6,727 6,727 273 1160480BB SOF TACTICAL VEHICLES 9,335 9,335 274 1160483BB MARITIME SYSTEMS 158,231 158,231 275 1160490BB OPERATIONAL ENHANCEMENTS INTELLIGENCE 15,749 15,749 9999 9999999999 CLASSIFIED PROGRAMS 8,463,742 8,463,742 SUBTOTAL OPERATIONAL SYSTEMS DEVELOPMENT 11,683,139 11,739,279 SOFTWARE AND DIGITAL TECHNOLOGY PILOT PROGRAMS 278 0608648D8Z ACQUISITION VISIBILITY—SOFTWARE PILOT PROGRAM 21,355 21,355 279 0303150K GLOBAL COMMAND AND CONTROL SYSTEM 33,166 33,166 9999 9999999999 CLASSIFIED PROGRAMS 270,653 270,653 SUBTOTAL SOFTWARE AND DIGITAL TECHNOLOGY PILOT PROGRAMS 325,174 325,174 TOTAL RESEARCH, DEVELOPMENT, TEST & EVAL, DW 36,185,834 36,446,974 OPERATIONAL TEST & EVAL, DEFENSE MANAGEMENT SUPPORT 1 0605118OTE OPERATIONAL TEST AND EVALUATION 169,544 169,544 2 0605131OTE LIVE FIRE TEST AND EVALUATION 103,252 103,252 3 0605814OTE OPERATIONAL TEST ACTIVITIES AND ANALYSES 58,693 58,693 SUBTOTAL MANAGEMENT SUPPORT 331,489 331,489 TOTAL OPERATIONAL TEST & EVAL, DEFENSE 331,489 331,489 TOTAL RDT&E 144,979,625 146,140,912 XLIII OPERATION AND MAINTENANCE 4301. OPERATION AND MAINTENANCE SEC. 4301. OPERATION AND MAINTENANCE Line Item FY 2024 Senate OPERATION & MAINTENANCE, ARMY OPERATING FORCES 010 MANEUVER UNITS 3,943,409 3,943,409 020 MODULAR SUPPORT BRIGADES 225,238 225,238 030 ECHELONS ABOVE BRIGADE 947,395 947,395 040 THEATER LEVEL ASSETS 2,449,141 2,449,141 050 LAND FORCES OPERATIONS SUPPORT 1,233,070 1,233,070 060 AVIATION ASSETS 2,046,144 2,046,144 070 FORCE READINESS OPERATIONS SUPPORT 7,149,427 7,149,427 080 LAND FORCES SYSTEMS READINESS 475,435 475,435 090 LAND FORCES DEPOT MAINTENANCE 1,423,560 1,423,560 100 MEDICAL READINESS 951,499 951,499 110 BASE OPERATIONS SUPPORT 9,943,031 9,943,031 120 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION 5,381,757 5,381,757 130 MANAGEMENT AND OPERATIONAL HEADQUARTERS 313,612 313,612 140 ADDITIONAL ACTIVITIES 454,565 454,565 150 RESET 447,987 447,987 160 US AFRICA COMMAND 414,680 414,680 170 US EUROPEAN COMMAND 408,529 408,529 180 US SOUTHERN COMMAND 285,692 285,692 190 US FORCES KOREA 88,463 88,463 200 CYBERSPACE ACTIVITIES—CYBERSPACE OPERATIONS 507,845 507,845 210 CYBERSPACE ACTIVITIES—CYBERSECURITY 704,667 704,667 SUBTOTAL OPERATING FORCES 39,795,146 39,795,146 MOBILIZATION 230 STRATEGIC MOBILITY 470,143 470,143 240 ARMY PREPOSITIONED STOCKS 433,909 433,909 250 INDUSTRIAL PREPAREDNESS 4,244 4,244 SUBTOTAL MOBILIZATION 908,296 908,296 TRAINING AND RECRUITING 260 OFFICER ACQUISITION 178,428 178,428 270 RECRUIT TRAINING 78,235 78,235 280 ONE STATION UNIT TRAINING 114,777 114,777 290 SENIOR RESERVE OFFICERS TRAINING CORPS 551,462 551,462 300 SPECIALIZED SKILL TRAINING 1,147,431 1,147,431 310 FLIGHT TRAINING 1,398,415 1,398,415 320 PROFESSIONAL DEVELOPMENT EDUCATION 200,779 200,779 330 TRAINING SUPPORT 682,896 682,896 340 RECRUITING AND ADVERTISING 690,280 833,336 Army Enlisted Training Corps [5,000] Recruiting and advertising increase [138,056] 350 EXAMINING 195,009 195,009 360 OFF-DUTY AND VOLUNTARY EDUCATION 260,235 260,235 370 CIVILIAN EDUCATION AND TRAINING 250,252 250,252 380 JUNIOR RESERVE OFFICER TRAINING CORPS 204,895 204,895 SUBTOTAL TRAINING AND RECRUITING 5,953,094 6,096,150 ADMIN & SRVWIDE ACTIVITIES 400 SERVICEWIDE TRANSPORTATION 718,323 718,323 410 CENTRAL SUPPLY ACTIVITIES 900,624 900,624 420 LOGISTIC SUPPORT ACTIVITIES 828,059 828,059 430 AMMUNITION MANAGEMENT 464,029 464,029 440 ADMINISTRATION 537,837 537,837 450 SERVICEWIDE COMMUNICATIONS 1,962,059 1,962,059 460 MANPOWER MANAGEMENT 361,553 361,553 470 OTHER PERSONNEL SUPPORT 829,248 829,248 480 OTHER SERVICE SUPPORT 2,370,107 2,370,107 490 ARMY CLAIMS ACTIVITIES 203,323 203,323 500 REAL ESTATE MANAGEMENT 286,682 286,682 510 FINANCIAL MANAGEMENT AND AUDIT READINESS 455,928 455,928 520 DEF ACQUISITION WORKFORCE DEVELOPMENT ACCOUNT 39,867 39,867 530 INTERNATIONAL MILITARY HEADQUARTERS 610,201 610,201 540 MISC. SUPPORT OF OTHER NATIONS 38,948 38,948 999 CLASSIFIED PROGRAMS 2,291,229 2,291,229 SUBTOTAL ADMIN & SRVWIDE ACTIVITIES 12,898,017 12,898,017 UNDISTRIBUTED 998 UNDISTRIBUTED 0 –337,600 Foreign currency fluctuations [–208,000] Unobligated balances [–129,600] SUBTOTAL UNDISTRIBUTED 0 –337,600 TOTAL OPERATION & MAINTENANCE, ARMY 59,554,553 59,360,009 OPERATION & MAINTENANCE, ARMY RES OPERATING FORCES 010 MODULAR SUPPORT BRIGADES 15,208 15,208 020 ECHELONS ABOVE BRIGADE 720,802 720,802 030 THEATER LEVEL ASSETS 143,400 143,400 040 LAND FORCES OPERATIONS SUPPORT 707,654 707,654 050 AVIATION ASSETS 134,346 134,346 060 FORCE READINESS OPERATIONS SUPPORT 451,178 451,178 070 LAND FORCES SYSTEMS READINESS 97,564 97,564 080 LAND FORCES DEPOT MAINTENANCE 45,711 45,711 090 BASE OPERATIONS SUPPORT 608,079 608,079 100 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION 495,435 495,435 110 MANAGEMENT AND OPERATIONAL HEADQUARTERS 28,783 28,783 120 CYBERSPACE ACTIVITIES—CYBERSPACE OPERATIONS 3,153 3,153 130 CYBERSPACE ACTIVITIES—CYBERSECURITY 19,591 19,591 SUBTOTAL OPERATING FORCES 3,470,904 3,470,904 ADMIN & SRVWD ACTIVITIES 140 SERVICEWIDE TRANSPORTATION 19,155 19,155 150 ADMINISTRATION 21,668 21,668 160 SERVICEWIDE COMMUNICATIONS 44,118 44,118 170 MANPOWER MANAGEMENT 7,127 7,127 180 RECRUITING AND ADVERTISING 67,976 74,651 Recruiting and advertising increase [6,675] SUBTOTAL ADMIN & SRVWD ACTIVITIES 160,044 166,719 UNDISTRIBUTED 998 UNDISTRIBUTED 0 –14,300 Foreign currency fluctuations [–10,900] Unobligated balances [–3,400] SUBTOTAL UNDISTRIBUTED 0 –14,300 TOTAL OPERATION & MAINTENANCE, ARMY RES 3,630,948 3,623,323 OPERATION & MAINTENANCE, ARNG OPERATING FORCES 010 MANEUVER UNITS 925,071 925,071 020 MODULAR SUPPORT BRIGADES 201,781 201,781 030 ECHELONS ABOVE BRIGADE 840,373 840,373 040 THEATER LEVEL ASSETS 107,392 107,392 050 LAND FORCES OPERATIONS SUPPORT 62,908 62,908 060 AVIATION ASSETS 1,113,908 1,113,908 070 FORCE READINESS OPERATIONS SUPPORT 832,946 832,946 080 LAND FORCES SYSTEMS READINESS 50,696 50,696 090 LAND FORCES DEPOT MAINTENANCE 231,784 231,784 100 BASE OPERATIONS SUPPORT 1,249,066 1,249,066 110 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION 1,081,561 1,081,561 120 MANAGEMENT AND OPERATIONAL HEADQUARTERS 1,468,857 1,468,857 130 CYBERSPACE ACTIVITIES—CYBERSPACE OPERATIONS 9,566 9,566 140 CYBERSPACE ACTIVITIES—CYBERSECURITY 15,710 15,710 SUBTOTAL OPERATING FORCES 8,191,619 8,191,619 ADMIN & SRVWD ACTIVITIES 150 SERVICEWIDE TRANSPORTATION 7,251 7,251 160 ADMINISTRATION 66,025 66,025 170 SERVICEWIDE COMMUNICATIONS 113,366 113,366 180 MANPOWER MANAGEMENT 8,663 8,663 190 OTHER PERSONNEL SUPPORT 292,426 343,146 Recruiting and advertising increase [50,720] 200 REAL ESTATE MANAGEMENT 3,754 3,754 SUBTOTAL ADMIN & SRVWD ACTIVITIES 491,485 542,205 UNDISTRIBUTED 998 UNDISTRIBUTED 0 –52,400 Foreign currency fluctuations [–29,000] Unobligated balances [–23,400] SUBTOTAL UNDISTRIBUTED 0 –52,400 TOTAL OPERATION & MAINTENANCE, ARNG 8,683,104 8,681,424 COUNTER ISIS TRAIN AND EQUIP FUND (CTEF) COUNTER ISIS TRAIN AND EQUIP FUND (CTEF) 010 IRAQ 241,950 241,950 020 SYRIA 156,000 156,000 SUBTOTAL COUNTER ISIS TRAIN AND EQUIP FUND (CTEF) 397,950 397,950 TOTAL COUNTER ISIS TRAIN AND EQUIP FUND (CTEF) 397,950 397,950 OPERATION & MAINTENANCE, NAVY OPERATING FORCES 010 MISSION AND OTHER FLIGHT OPERATIONS 7,882,504 7,882,504 020 FLEET AIR TRAINING 2,773,957 2,773,957 030 AVIATION TECHNICAL DATA & ENGINEERING SERVICES 73,047 73,047 040 AIR OPERATIONS AND SAFETY SUPPORT 213,862 213,862 050 AIR SYSTEMS SUPPORT 1,155,463 1,158,463 Advanced nucleated foam engine performance and restoration program [3,000] 060 AIRCRAFT DEPOT MAINTENANCE 1,857,021 1,857,021 070 AIRCRAFT DEPOT OPERATIONS SUPPORT 66,822 66,822 080 AVIATION LOGISTICS 1,871,670 1,871,670 090 MISSION AND OTHER SHIP OPERATIONS 7,015,796 7,015,796 100 SHIP OPERATIONS SUPPORT & TRAINING 1,301,108 1,301,108 110 SHIP DEPOT MAINTENANCE 11,164,249 11,164,249 120 SHIP DEPOT OPERATIONS SUPPORT 2,728,712 2,728,712 130 COMBAT COMMUNICATIONS AND ELECTRONIC WARFARE 1,776,881 1,776,881 140 SPACE SYSTEMS AND SURVEILLANCE 389,915 389,915 150 WARFARE TACTICS 1,005,998 1,005,998 160 OPERATIONAL METEOROLOGY AND OCEANOGRAPHY 455,330 455,330 170 COMBAT SUPPORT FORCES 2,350,089 2,356,089 Naval Small Craft Instruction and Technical Training School [6,000] 180 EQUIPMENT MAINTENANCE AND DEPOT OPERATIONS SUPPORT 189,044 189,044 200 COMBATANT COMMANDERS CORE OPERATIONS 92,504 92,504 210 COMBATANT COMMANDERS DIRECT MISSION SUPPORT 352,980 352,980 230 CYBERSPACE ACTIVITIES 522,180 522,180 240 FLEET BALLISTIC MISSILE 1,763,238 1,763,238 250 WEAPONS MAINTENANCE 1,640,642 1,640,642 260 OTHER WEAPON SYSTEMS SUPPORT 696,653 696,653 270 ENTERPRISE INFORMATION 1,780,645 1,780,645 280 SUSTAINMENT, RESTORATION AND MODERNIZATION 4,406,192 4,406,192 290 BASE OPERATING SUPPORT 6,223,827 6,271,827 Navy divestment of electrical utility operations at former Naval Air Station Barbers Point [48,000] SUBTOTAL OPERATING FORCES 61,750,329 61,807,329 MOBILIZATION 300 SHIP PREPOSITIONING AND SURGE 475,255 475,255 310 READY RESERVE FORCE 701,060 701,060 320 SHIP ACTIVATIONS/INACTIVATIONS 302,930 302,930 330 EXPEDITIONARY HEALTH SERVICES SYSTEMS 151,966 151,966 340 COAST GUARD SUPPORT 21,464 21,464 SUBTOTAL MOBILIZATION 1,652,675 1,652,675 TRAINING AND RECRUITING 350 OFFICER ACQUISITION 201,555 201,555 360 RECRUIT TRAINING 16,521 16,521 370 RESERVE OFFICERS TRAINING CORPS 175,171 175,171 380 SPECIALIZED SKILL TRAINING 1,238,894 1,238,894 390 PROFESSIONAL DEVELOPMENT EDUCATION 335,603 335,603 400 TRAINING SUPPORT 390,931 390,931 410 RECRUITING AND ADVERTISING 269,483 355,328 Navy Enlisted Training Corps [5,000] Recruiting and advertising increase [80,845] 420 OFF-DUTY AND VOLUNTARY EDUCATION 90,452 90,452 430 CIVILIAN EDUCATION AND TRAINING 73,406 73,406 440 JUNIOR ROTC 58,970 58,970 SUBTOTAL TRAINING AND RECRUITING 2,850,986 2,936,831 ADMIN & SRVWD ACTIVITIES 450 ADMINISTRATION 1,350,449 1,350,449 460 CIVILIAN MANPOWER AND PERSONNEL MANAGEMENT 242,760 242,760 470 MILITARY MANPOWER AND PERSONNEL MANAGEMENT 745,666 745,666 490 MEDICAL ACTIVITIES 323,978 323,978 500 DEF ACQUISITION WORKFORCE DEVELOPMENT ACCOUNT 67,357 67,357 510 SERVICEWIDE TRANSPORTATION 248,822 248,822 530 PLANNING, ENGINEERING, AND PROGRAM SUPPORT 616,816 616,816 540 ACQUISITION, LOGISTICS, AND OVERSIGHT 850,906 850,906 550 INVESTIGATIVE AND SECURITY SERVICES 888,508 888,508 999 CLASSIFIED PROGRAMS 655,281 655,281 SUBTOTAL ADMIN & SRVWD ACTIVITIES 5,990,543 5,990,543 UNDISTRIBUTED 998 UNDISTRIBUTED 0 –498,400 Foreign currency fluctuations [–236,300] Unobligated balances [–262,100] SUBTOTAL UNDISTRIBUTED 0 –498,400 TOTAL OPERATION & MAINTENANCE, NAVY 72,244,533 71,888,978 OPERATION & MAINTENANCE, MARINE CORPS OPERATING FORCES 010 OPERATIONAL FORCES 1,799,964 1,799,964 020 FIELD LOGISTICS 1,878,228 1,878,228 030 DEPOT MAINTENANCE 211,460 211,460 040 MARITIME PREPOSITIONING 137,831 137,831 060 CYBERSPACE ACTIVITIES 205,449 205,449 070 SUSTAINMENT, RESTORATION & MODERNIZATION 1,211,183 1,211,183 080 BASE OPERATING SUPPORT 3,124,551 3,124,551 SUBTOTAL OPERATING FORCES 8,568,666 8,568,666 TRAINING AND RECRUITING 090 RECRUIT TRAINING 26,284 26,284 100 OFFICER ACQUISITION 1,316 1,316 110 SPECIALIZED SKILL TRAINING 133,176 133,176 120 PROFESSIONAL DEVELOPMENT EDUCATION 66,213 66,213 130 TRAINING SUPPORT 570,152 570,152 140 RECRUITING AND ADVERTISING 246,586 300,903 Marine Corps Enlisted Training Corps [5,000] Recruiting and advertising increase [49,317] 150 OFF-DUTY AND VOLUNTARY EDUCATION 55,230 55,230 160 JUNIOR ROTC 29,616 29,616 SUBTOTAL TRAINING AND RECRUITING 1,128,573 1,182,890 ADMIN & SRVWD ACTIVITIES 180 SERVICEWIDE TRANSPORTATION 90,366 90,366 190 ADMINISTRATION 428,650 428,650 999 CLASSIFIED PROGRAMS 65,658 65,658 SUBTOTAL ADMIN & SRVWD ACTIVITIES 584,674 584,674 UNDISTRIBUTED 998 UNDISTRIBUTED 0 –108,900 Foreign currency fluctuations [–33,800] Unobligated balances [–75,100] SUBTOTAL UNDISTRIBUTED 0 –108,900 TOTAL OPERATION & MAINTENANCE, MARINE CORPS 10,281,913 10,227,330 OPERATION & MAINTENANCE, NAVY RES OPERATING FORCES 010 MISSION AND OTHER FLIGHT OPERATIONS 731,113 731,113 020 INTERMEDIATE MAINTENANCE 10,122 10,122 030 AIRCRAFT DEPOT MAINTENANCE 167,811 167,811 040 AIRCRAFT DEPOT OPERATIONS SUPPORT 103 103 050 AVIATION LOGISTICS 29,185 29,185 060 COMBAT COMMUNICATIONS 20,806 20,806 070 COMBAT SUPPORT FORCES 186,590 186,590 080 CYBERSPACE ACTIVITIES 296 296 090 ENTERPRISE INFORMATION 32,467 32,467 100 SUSTAINMENT, RESTORATION AND MODERNIZATION 63,726 63,726 110 BASE OPERATING SUPPORT 121,064 121,064 SUBTOTAL OPERATING FORCES 1,363,283 1,363,283 ADMIN & SRVWD ACTIVITIES 120 ADMINISTRATION 2,025 2,025 130 MILITARY MANPOWER AND PERSONNEL MANAGEMENT 13,401 13,401 140 ACQUISITION AND PROGRAM MANAGEMENT 2,101 2,101 SUBTOTAL ADMIN & SRVWD ACTIVITIES 17,527 17,527 UNDISTRIBUTED 998 UNDISTRIBUTED 0 –8,100 Foreign currency fluctuations [–3,900] Unobligated balances [–4,200] SUBTOTAL UNDISTRIBUTED 0 –8,100 TOTAL OPERATION & MAINTENANCE, NAVY RES 1,380,810 1,372,710 OPERATION & MAINTENANCE, MC RESERVE OPERATING FORCES 010 OPERATING FORCES 128,468 128,468 020 DEPOT MAINTENANCE 20,967 20,967 030 SUSTAINMENT, RESTORATION AND MODERNIZATION 46,589 46,589 040 BASE OPERATING SUPPORT 120,808 120,808 SUBTOTAL OPERATING FORCES 316,832 316,832 ADMIN & SRVWD ACTIVITIES 050 ADMINISTRATION 12,563 12,563 SUBTOTAL ADMIN & SRVWD ACTIVITIES 12,563 12,563 UNDISTRIBUTED 998 UNDISTRIBUTED 0 –4,900 Foreign currency fluctuations [–3,900] Unobligated balances [–1,000] SUBTOTAL UNDISTRIBUTED 0 –4,900 TOTAL OPERATION & MAINTENANCE, MC RESERVE 329,395 324,495 OPERATION & MAINTENANCE, AIR FORCE OPERATING FORCES 010 PRIMARY COMBAT FORCES 980,768 966,068 DAF requested realignment of funds [–14,700] 020 COMBAT ENHANCEMENT FORCES 2,665,924 2,665,924 030 AIR OPERATIONS TRAINING (OJT, MAINTAIN SKILLS) 1,630,552 1,630,552 040 DEPOT PURCHASE EQUIPMENT MAINTENANCE 4,632,693 4,632,693 050 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION 4,252,815 4,194,663 DAF requested realignment of funds [–58,152] 060 CYBERSPACE SUSTAINMENT 229,440 229,440 070 CONTRACTOR LOGISTICS SUPPORT AND SYSTEM SUPPORT 9,537,192 9,537,192 080 FLYING HOUR PROGRAM 6,697,549 6,697,549 090 BASE SUPPORT 11,633,510 11,425,018 DAF requested realignment of funds [–223,192] DAF requested realignment of funds from SAG 11A [14,700] 100 GLOBAL C3I AND EARLY WARNING 1,350,827 1,319,876 DAF requested realignment of funds [–30,951] 110 OTHER COMBAT OPS SPT PROGRAMS 1,817,941 1,817,941 120 CYBERSPACE ACTIVITIES 807,966 807,966 130 TACTICAL INTEL AND OTHER SPECIAL ACTIVITIES 267,615 267,615 160 US NORTHCOM/NORAD 245,263 245,263 170 US STRATCOM 541,720 541,720 190 US CENTCOM 335,220 329,220 Office of Security Cooperation-Iraq reduction [–6,000] 200 US SOCOM 27,511 27,511 210 US TRANSCOM 607 607 220 CENTCOM CYBERSPACE SUSTAINMENT 1,415 1,415 230 USSPACECOM 373,989 373,989 240 MEDICAL READINESS 564,880 562,596 DAF requested realignment of funds [–2,284] 999 CLASSIFIED PROGRAMS 1,465,926 1,465,926 SUBTOTAL OPERATING FORCES 51,527,249 51,206,670 MOBILIZATION 260 AIRLIFT OPERATIONS 3,012,287 3,012,287 270 MOBILIZATION PREPAREDNESS 241,918 241,918 SUBTOTAL MOBILIZATION 3,254,205 3,254,205 TRAINING AND RECRUITING 280 OFFICER ACQUISITION 202,769 202,769 290 RECRUIT TRAINING 28,892 28,892 300 RESERVE OFFICERS TRAINING CORPS (ROTC) 137,647 137,647 310 SPECIALIZED SKILL TRAINING 588,131 588,131 320 FLIGHT TRAINING 875,230 875,230 330 PROFESSIONAL DEVELOPMENT EDUCATION 301,262 301,262 340 TRAINING SUPPORT 194,609 194,609 350 RECRUITING AND ADVERTISING 204,318 250,182 Air Force Enlisted Training Corps [5,000] Recruiting and advertising increase [40,864] 360 EXAMINING 7,775 7,775 370 OFF-DUTY AND VOLUNTARY EDUCATION 263,421 263,421 380 CIVILIAN EDUCATION AND TRAINING 343,039 343,039 390 JUNIOR ROTC 75,666 75,666 SUBTOTAL TRAINING AND RECRUITING 3,222,759 3,268,623 ADMIN & SRVWD ACTIVITIES 400 LOGISTICS OPERATIONS 1,062,199 1,062,199 410 TECHNICAL SUPPORT ACTIVITIES 162,919 162,919 420 ADMINISTRATION 1,409,015 1,409,015 430 SERVICEWIDE COMMUNICATIONS 30,268 30,268 440 OTHER SERVICEWIDE ACTIVITIES 1,851,856 1,856,376 DAF requested realignment of funds [4,520] 450 CIVIL AIR PATROL 30,901 30,901 460 DEF ACQUISITION WORKFORCE DEVELOPMENT ACCOUNT 42,759 42,759 480 INTERNATIONAL SUPPORT 115,267 115,267 999 CLASSIFIED PROGRAMS 1,506,624 1,506,624 SUBTOTAL ADMIN & SRVWD ACTIVITIES 7,718,432 7,722,952 UNDISTRIBUTED 998 UNDISTRIBUTED 0 –442,200 Foreign currency fluctuations [–208,500] Unobligated balances [–233,700] SUBTOTAL UNDISTRIBUTED 0 –442,200 TOTAL OPERATION & MAINTENANCE, AIR FORCE 65,722,645 65,010,250 OPERATION & MAINTENANCE, SPACE FORCE OPERATING FORCES 010 GLOBAL C3I & EARLY WARNING 642,201 642,201 020 SPACE LAUNCH OPERATIONS 356,162 356,162 030 SPACE OPERATIONS 866,547 866,547 040 EDUCATION & TRAINING 199,181 217,353 DAF requested realignment of funds [18,172] 050 SPECIAL PROGRAMS 383,233 383,233 060 DEPOT MAINTENANCE 67,757 67,757 070 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION 678,648 678,648 080 CONTRACTOR LOGISTICS AND SYSTEM SUPPORT 1,380,350 1,380,350 090 SPACE OPERATIONS -BOS 188,760 188,760 999 CLASSIFIED PROGRAMS 71,475 71,475 SUBTOTAL OPERATING FORCES 4,834,314 4,852,486 ADMINISTRATION AND SERVICE WIDE ACTIVITIES 100 LOGISTICS OPERATIONS 34,046 34,046 110 ADMINISTRATION 149,108 130,936 DAF requested realignment of funds [–18,172] SUBTOTAL ADMINISTRATION AND SERVICE WIDE ACTIVITIES 183,154 164,982 UNDISTRIBUTED 998 UNDISTRIBUTED 0 –87,100 Foreign currency fluctuations [–14,100] Unobligated balances [–73,000] SUBTOTAL UNDISTRIBUTED 0 –87,100 TOTAL OPERATION & MAINTENANCE, SPACE FORCE 5,017,468 4,930,368 OPERATION & MAINTENANCE, AF RESERVE OPERATING FORCES 010 PRIMARY COMBAT FORCES 2,088,949 2,116,429 Military technician (dual status) end strength [27,480] 020 MISSION SUPPORT OPERATIONS 198,213 198,213 030 DEPOT PURCHASE EQUIPMENT MAINTENANCE 647,758 647,758 040 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION 122,314 122,314 050 CONTRACTOR LOGISTICS SUPPORT AND SYSTEM SUPPORT 374,442 374,442 060 BASE SUPPORT 543,962 543,962 070 CYBERSPACE ACTIVITIES 1,742 1,742 SUBTOTAL OPERATING FORCES 3,977,380 4,004,860 ADMINISTRATION AND SERVICEWIDE ACTIVITIES 080 ADMINISTRATION 107,281 107,281 090 RECRUITING AND ADVERTISING 9,373 11,248 Recruiting and advertising increase [1,875] 100 MILITARY MANPOWER AND PERS MGMT (ARPC) 15,563 15,563 110 OTHER PERS SUPPORT (DISABILITY COMP) 6,174 6,174 120 AUDIOVISUAL 485 485 SUBTOTAL ADMINISTRATION AND SERVICEWIDE ACTIVITIES 138,876 140,751 UNDISTRIBUTED 998 UNDISTRIBUTED 0 –46,700 Foreign currency fluctuations [–12,500] Unobligated balances [–34,200] SUBTOTAL UNDISTRIBUTED 0 –46,700 TOTAL OPERATION & MAINTENANCE, AF RESERVE 4,116,256 4,098,911 OPERATION & MAINTENANCE, ANG OPERATING FORCES 010 AIRCRAFT OPERATIONS 2,498,675 2,498,675 020 MISSION SUPPORT OPERATIONS 656,714 796,394 Military technician (dual status) end strength [139,680] 030 DEPOT PURCHASE EQUIPMENT MAINTENANCE 1,171,901 1,171,901 040 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION 370,188 370,188 050 CONTRACTOR LOGISTICS SUPPORT AND SYSTEM SUPPORT 1,280,003 1,280,003 060 BASE SUPPORT 1,089,579 1,089,579 070 CYBERSPACE SUSTAINMENT 19,708 19,708 080 CYBERSPACE ACTIVITIES 49,476 49,476 SUBTOTAL OPERATING FORCES 7,136,244 7,275,924 ADMINISTRATION AND SERVICE-WIDE ACTIVITIES 090 ADMINISTRATION 68,417 68,417 100 RECRUITING AND ADVERTISING 49,033 72,433 Recruiting and advertising increase [23,400] SUBTOTAL ADMINISTRATION AND SERVICE-WIDE ACTIVITIES 117,450 140,850 UNDISTRIBUTED 998 UNDISTRIBUTED 0 –46,200 Foreign currency fluctuations [–24,300] Unobligated balances [–21,900] SUBTOTAL UNDISTRIBUTED 0 –46,200 TOTAL OPERATION & MAINTENANCE, ANG 7,253,694 7,370,574 OPERATION AND MAINTENANCE, DEFENSE-WIDE OPERATING FORCES 010 JOINT CHIEFS OF STAFF 461,370 457,770 Unobligated balances [–3,600] 020 JOINT CHIEFS OF STAFF—JTEEP 701,081 701,081 030 JOINT CHIEFS OF STAFF—CYBER 8,210 8,210 040 OFFICE OF THE SECRETARY OF DEFENSE—MISO 252,480 252,480 060 SPECIAL OPERATIONS COMMAND COMBAT DEVELOPMENT ACTIVITIES 2,012,953 2,012,953 070 SPECIAL OPERATIONS COMMAND MAINTENANCE 1,210,930 1,206,930 MQ–9 Unmanned Aerial Vehicle unjustified increase [–4,000] 080 SPECIAL OPERATIONS COMMAND MANAGEMENT/OPERATIONAL HEADQUARTERS 202,574 202,574 090 SPECIAL OPERATIONS COMMAND THEATER FORCES 3,346,004 3,351,004 Special Operations Forces cyber training [5,000] 100 SPECIAL OPERATIONS COMMAND CYBERSPACE ACTIVITIES 49,757 49,757 110 SPECIAL OPERATIONS COMMAND INTELLIGENCE 1,391,402 1,391,402 120 SPECIAL OPERATIONS COMMAND OPERATIONAL SUPPORT 1,438,967 1,438,967 130 CYBERSPACE OPERATIONS 1,318,614 1,328,614 Modernization of Department of Defense Internet Gateway Cyber Defense [10,000] 140 USCYBERCOM HEADQUARTERS 332,690 332,690 SUBTOTAL OPERATING FORCES 12,727,032 12,734,432 TRAINING AND RECRUITING 150 DEFENSE ACQUISITION UNIVERSITY 183,342 183,342 160 JOINT CHIEFS OF STAFF 118,172 118,172 170 SPECIAL OPERATIONS COMMAND/PROFESSIONAL DEVELOPMENT EDUCATION 33,855 33,855 SUBTOTAL TRAINING AND RECRUITING 335,369 335,369 ADMIN & SRVWIDE ACTIVITIES 180 CIVIL MILITARY PROGRAMS 142,240 139,740 Unobligated balances [–2,500] 190 DEFENSE CONTRACT AUDIT AGENCY—CYBER 4,870 4,870 200 DEFENSE CONTRACT AUDIT AGENCY 667,943 665,243 Unobligated balances [–2,700] 210 DEFENSE CONTRACT MANAGEMENT AGENCY 1,567,119 1,551,619 Unobligated balances [–15,500] 220 DEFENSE CONTRACT MANAGEMENT AGENCY—CYBER 30,279 20,279 Cybersecurity Maturity Model Certification program reduction [–10,000] 230 DEFENSE COUNTERINTELLIGENCE AND SECURITY AGENCY 1,062,123 1,062,123 250 DEFENSE COUNTERINTELLIGENCE AND SECURITY AGENCY—CYBER 9,835 9,835 260 DEFENSE HUMAN RESOURCES ACTIVITY—CYBER 27,517 27,517 270 DEFENSE HUMAN RESOURCES ACTIVITY 1,033,789 1,033,789 300 DEFENSE INFORMATION SYSTEMS AGENCY 2,567,698 2,557,798 Unobligated balances [–9,900] 310 DEFENSE INFORMATION SYSTEMS AGENCY—CYBER 526,893 526,893 320 DEFENSE LEGAL SERVICES AGENCY 241,779 219,379 Unobligated balances [–22,400] 330 DEFENSE LOGISTICS AGENCY 446,731 446,731 340 DEFENSE MEDIA ACTIVITY 246,840 246,840 360 DEFENSE POW/MIA OFFICE 195,959 195,959 370 DEFENSE SECURITY COOPERATION AGENCY 2,379,100 2,389,100 Irregular Warfare Functional Center [10,000] 380 DEFENSE TECHNOLOGY SECURITY ADMINISTRATION 41,722 41,722 390 DEFENSE THREAT REDUCTION AGENCY 984,272 984,272 410 DEFENSE THREAT REDUCTION AGENCY—CYBER 70,548 70,548 420 DEPARTMENT OF DEFENSE EDUCATION ACTIVITY 3,451,625 3,531,625 Impact Aid [50,000] Impact Aid for children with severe disabilities [30,000] 430 MISSILE DEFENSE AGENCY 564,078 564,078 440 OFFICE OF THE LOCAL DEFENSE COMMUNITY COOPERATION 118,216 138,216 Defense Manufacturing Community Support Program [20,000] 480 OFFICE OF THE SECRETARY OF DEFENSE—CYBER 92,176 92,176 490 OFFICE OF THE SECRETARY OF DEFENSE 2,676,416 2,718,116 Bien Hoa dioxin cleanup [15,000] Centers for Disease Control and Prevention Nation-wide human health assessment [5,000] Readiness and Environmental Protection Integration program [20,200] United States Telecommunications Training Institute [1,500] 530 WASHINGTON HEADQUARTERS SERVICES 440,947 440,947 999 CLASSIFIED PROGRAMS 20,114,447 20,114,447 SUBTOTAL ADMIN & SRVWIDE ACTIVITIES 39,705,162 39,793,862 TOTAL OPERATION AND MAINTENANCE, DEFENSE-WIDE 52,767,563 52,863,663 UNDISTRIBUTED OPERATION & MAINTENANCE, DEFENSE-WIDE 997 UNDISTRIBUTED 0 –51,000 Program reduction—USSOCOM [–51,000] 998 UNDISTRIBUTED 0 –15,000 Unobligated balances [–15,000] SUBTOTAL UNDISTRIBUTED 0 –66,000 TOTAL OPERATION & MAINTENANCE, DEFENSE-WIDE 0 –66,000 MISCELLANEOUS APPROPRIATIONS US COURT OF APPEALS FOR THE ARMED FORCES, DEF 010 US COURT OF APPEALS FOR THE ARMED FORCES, DEFENSE 16,620 16,620 SUBTOTAL US COURT OF APPEALS FOR THE ARMED FORCES, DEF 16,620 16,620 TOTAL MISCELLANEOUS APPROPRIATIONS 16,620 16,620 MISCELLANEOUS APPROPRIATIONS OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID 010 OVERSEAS HUMANITARIAN, DISASTER AND CIVIC AID 114,900 114,900 SUBTOTAL OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID 114,900 114,900 TOTAL MISCELLANEOUS APPROPRIATIONS 114,900 114,900 MISCELLANEOUS APPROPRIATIONS COOPERATIVE THREAT REDUCTION ACCOUNT 010 COOPERATIVE THREAT REDUCTION 350,999 350,999 SUBTOTAL COOPERATIVE THREAT REDUCTION ACCOUNT 350,999 350,999 TOTAL MISCELLANEOUS APPROPRIATIONS 350,999 350,999 MISCELLANEOUS APPROPRIATIONS ACQUISITION WORKFORCE DEVELOPMENT 010 ACQ WORKFORCE DEV FD 54,977 54,977 SUBTOTAL ACQUISITION WORKFORCE DEVELOPMENT 54,977 54,977 TOTAL MISCELLANEOUS APPROPRIATIONS 54,977 54,977 MISCELLANEOUS APPROPRIATIONS ENVIRONMENTAL RESTORATION, ARMY 050 ENVIRONMENTAL RESTORATION, ARMY 198,760 198,760 SUBTOTAL ENVIRONMENTAL RESTORATION, ARMY 198,760 198,760 TOTAL MISCELLANEOUS APPROPRIATIONS 198,760 198,760 MISCELLANEOUS APPROPRIATIONS ENVIRONMENTAL RESTORATION, NAVY 060 ENVIRONMENTAL RESTORATION, NAVY 335,240 335,240 SUBTOTAL ENVIRONMENTAL RESTORATION, NAVY 335,240 335,240 TOTAL MISCELLANEOUS APPROPRIATIONS 335,240 335,240 MISCELLANEOUS APPROPRIATIONS ENVIRONMENTAL RESTORATION, AIR FORCE 070 ENVIRONMENTAL RESTORATION, AIR FORCE 349,744 349,744 SUBTOTAL ENVIRONMENTAL RESTORATION, AIR FORCE 349,744 349,744 TOTAL MISCELLANEOUS APPROPRIATIONS 349,744 349,744 MISCELLANEOUS APPROPRIATIONS ENVIRONMENTAL RESTORATION, DEFENSE 080 ENVIRONMENTAL RESTORATION, DEFENSE 8,965 8,965 SUBTOTAL ENVIRONMENTAL RESTORATION, DEFENSE 8,965 8,965 TOTAL MISCELLANEOUS APPROPRIATIONS 8,965 8,965 MISCELLANEOUS APPROPRIATIONS ENVIRONMENTAL RESTORATION FORMERLY USED SITES 090 ENVIRONMENTAL RESTORATION FORMERLY USED SITES 232,806 232,806 SUBTOTAL ENVIRONMENTAL RESTORATION FORMERLY USED SITES 232,806 232,806 TOTAL MISCELLANEOUS APPROPRIATIONS 232,806 232,806 TOTAL OPERATION & MAINTENANCE 293,043,843 291,746,996 XLIV MILITARY PERSONNEL 4401. MILITARY PERSONNEL SEC. 4401. MILITARY PERSONNEL Item FY 2024 Senate MILITARY PERSONNEL MILITARY PERSONNEL APPROPRIATIONS MILITARY PERSONNEL APPROPRIATIONS 168,320,510 166,779,670 Air Force end strength underexecution [–564,000] Air National Guard AGR end strength underexecution [–45,600] Air National Reserve AGR end strength underexecution [–8,040] Navy end strength underexecution [–600,000] Unobligated balances [–323,200] SUBTOTAL MILITARY PERSONNEL APPROPRIATIONS 168,320,510 166,779,670 MEDICARE-ELIGIBLE RETIREE HEALTH CARE FUND CONTRIBUTIONS MEDICARE-ELIGIBLE RETIREE HEALTH CARE FUND CONTRIBUTIONS 10,553,456 10,553,456 SUBTOTAL MEDICARE-ELIGIBLE RETIREE HEALTH CARE FUND CONTRIBUTIONS 10,553,456 10,553,456 TOTAL MILITARY PERSONNEL 178,873,966 177,333,126 XLV OTHER AUTHORIZATIONS 4501. OTHER AUTHORIZATIONS SEC. 4501. OTHER AUTHORIZATIONS Line Item FY 2024 Senate WORKING CAPITAL FUND WORKING CAPITAL FUND, ARMY 010 INDUSTRIAL OPERATIONS 27,551 27,551 020 SUPPLY MANAGEMENT—ARMY 1,662 1,662 SUBTOTAL WORKING CAPITAL FUND, ARMY 29,213 29,213 WORKING CAPITAL FUND, AIR FORCE 020 SUPPLIES AND MATERIALS 83,587 83,587 SUBTOTAL WORKING CAPITAL FUND, AIR FORCE 83,587 83,587 NATIONAL DEFENSE STOCKPILE TRANSACTION FUND 010 DEFENSE STOCKPILE 7,629 7,629 SUBTOTAL NATIONAL DEFENSE STOCKPILE TRANSACTION FUND 7,629 7,629 WORKING CAPITAL FUND, DEFENSE-WIDE 010 DEFENSE AUTOMATION & PRODUCTION SERVICES 4 4 040 ENERGY MANAGEMENT—DEF 114,663 114,663 SUBTOTAL WORKING CAPITAL FUND, DEFENSE-WIDE 114,667 114,667 WORKING CAPITAL FUND, DECA 010 WORKING CAPITAL FUND, DECA 1,447,612 1,447,612 SUBTOTAL WORKING CAPITAL FUND, DECA 1,447,612 1,447,612 TOTAL WORKING CAPITAL FUND 1,682,708 1,682,708 CHEM AGENTS & MUNITIONS DESTRUCTION OPERATION & MAINTENANCE 1 CHEM DEMILITARIZATION—O&M 89,284 89,284 SUBTOTAL OPERATION & MAINTENANCE 89,284 89,284 RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 2 CHEM DEMILITARIZATION—RDT&E 1,002,560 1,002,560 SUBTOTAL RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 1,002,560 1,002,560 TOTAL CHEM AGENTS & MUNITIONS DESTRUCTION 1,091,844 1,091,844 DRUG INTERDICTION & CTR-DRUG ACTIVITIES, DEF DRUG INTRDCTN 010 COUNTER-NARCOTICS SUPPORT 643,848 643,848 SUBTOTAL DRUG INTRDCTN 643,848 643,848 DRUG DEMAND REDUCTION PROGRAM 020 DRUG DEMAND REDUCTION PROGRAM 134,313 134,313 SUBTOTAL DRUG DEMAND REDUCTION PROGRAM 134,313 134,313 NATIONAL GUARD COUNTER-DRUG PROGRAM 030 NATIONAL GUARD COUNTER-DRUG PROGRAM 102,272 102,272 SUBTOTAL NATIONAL GUARD COUNTER-DRUG PROGRAM 102,272 102,272 NATIONAL GUARD COUNTER-DRUG SCHOOLS 040 NATIONAL GUARD COUNTER-DRUG SCHOOLS 5,993 5,993 SUBTOTAL NATIONAL GUARD COUNTER-DRUG SCHOOLS 5,993 5,993 TOTAL DRUG INTERDICTION & CTR-DRUG ACTIVITIES, DEF 886,426 886,426 OFFICE OF THE INSPECTOR GENERAL OFFICE OF THE INSPECTOR GENERAL 010 OPERATION AND MAINTENANCE 518,919 518,919 020 OPERATION AND MAINTENANCE 1,948 1,948 030 RDT&E 3,400 3,400 040 PROCUREMENT 1,098 1,098 SUBTOTAL OFFICE OF THE INSPECTOR GENERAL 520,867 520,867 SUBTOTAL OFFICE OF THE INSPECTOR GENERAL 3,400 3,400 SUBTOTAL OFFICE OF THE INSPECTOR GENERAL 1,098 1,098 TOTAL OFFICE OF THE INSPECTOR GENERAL 525,365 525,365 DEFENSE HEALTH PROGRAM OPERATION & MAINTENANCE 010 IN-HOUSE CARE 10,044,342 10,044,342 020 PRIVATE SECTOR CARE 19,893,028 19,893,028 030 CONSOLIDATED HEALTH SUPPORT 2,007,012 2,007,012 040 INFORMATION MANAGEMENT 2,327,816 2,327,816 050 MANAGEMENT ACTIVITIES 347,446 347,446 060 EDUCATION AND TRAINING 336,111 336,111 070 BASE OPERATIONS/COMMUNICATIONS 2,144,551 2,144,551 SUBTOTAL OPERATION & MAINTENANCE 37,100,306 37,100,306 RDT&E 080 R&D RESEARCH 40,311 40,311 090 R&D EXPLORATRY DEVELOPMENT 178,892 178,892 100 R&D ADVANCED DEVELOPMENT 327,040 327,040 110 R&D DEMONSTRATION/VALIDATION 172,351 172,351 120 R&D ENGINEERING DEVELOPMENT 107,753 107,753 130 R&D MANAGEMENT AND SUPPORT 87,096 87,096 140 R&D CAPABILITIES ENHANCEMENT 18,330 18,330 SUBTOTAL RDT&E 931,773 931,773 PROCUREMENT 150 PROC INITIAL OUTFITTING 22,344 22,344 160 PROC REPLACEMENT & MODERNIZATION 238,435 238,435 170 PROC JOINT OPERATIONAL MEDICINE INFORMATION SYSTEM 29,537 29,537 180 PROC MILITARY HEALTH SYSTEM—DESKTOP TO DATACENTER 74,055 74,055 190 PROC DOD HEALTHCARE MANAGEMENT SYSTEM MODERNIZATION 17,510 17,510 SUBTOTAL PROCUREMENT 381,881 381,881 TOTAL DEFENSE HEALTH PROGRAM 38,413,960 38,413,960 TOTAL OTHER AUTHORIZATIONS 42,600,303 42,600,303 XLVI MILITARY CONSTRUCTION 4601. MILITARY CONSTRUCTION SEC. 4601. MILITARY CONSTRUCTION Account State/Country and Installation Project Title FY 2024 Senate MILITARY CONSTRUCTION ARMY Alabama Army Anniston Army Depot OPEN STORAGE (P&D) 0 270 Army Redstone Arsenal SUBSTATION 50,000 50,000 Alaska Army Fort Wainwright COST TO COMPLETE: ENLISTED UNACCOMPANIED PERS HSG 34,000 34,000 Army Fort Wainwright SOLDER PERFORMANCE READINESS CENTER (P&D) 0 7,900 Georgia Army Fort Eisenhower CYBER INSTRUCTIONAL FACILITY (CLASSROOMS) 163,000 73,000 Germany Army Grafenwoehr AUTOMATED MULTIPURPOSE MACHINE GUN RANGE 10,400 10,400 Army Hohenfels SIMULATIONS CENTER 56,000 56,000 Hawaii Army Aliamanu Military Reservation WATER STORAGE TANK 20,000 20,000 Army Fort Shafter CLEARWELL AND BOOSTER PUMP 0 23,000 Army Helemano Military Reservation WELLS AND STORAGE TANK 0 33,000 Army Schofield Barracks ELEVATED TANK AND DISTRIBUTION LINE 0 21,000 Army Schofield Barracks WATER STORAGE TANK 0 16,000 Army Wheeler Army Airfield AIR TRAFFIC CONTROL TOWER (P&D) 0 5,400 Indiana Army Crane Army Ammunition Plant EARTH COVERED MAGAZINES (P&D) 0 1,195 Kansas Army Fort Riley AIR TRAFFIC CONTROL TOWER (P&D) 0 1,600 Army Fort Riley AIRCRAFT MAINTENANCE HANGER 105,000 105,000 Kentucky Army Blue Grass Army Depot SMALL ARMS MODERNIZATION (P&D) 0 3,300 Army Fort Campbell AIR TRAFFIC CONTROL TOWER (P&D) 0 2,500 Army Fort Campbell MULTIPURPOSE TRAINING RANGE 38,000 38,000 Army Fort Knox MIDDLE SCHOOL ADDITION (P&D) 0 6,600 Kwajalein Army Kwajalein Atoll COST TO COMPLETE: PIER 0 15,000 Louisiana Army Fort Johnson MULTIPURPOSE ATHLETIC FIELD 0 13,400 Massachusetts Army Soldier Systems Center Natick BARRACKS ADDITION 18,500 18,500 Michigan Army Detroit Arsenal GROUND TRANSPORT EQUIPMENT BUILDING 72,000 72,000 New Mexico Army White Sands Missile Range J-DETC DIRECTED ENERGY FACILITY (P&D) 0 5,500 New York Army Watervliet Arsenal TANK FARM (P&D) 0 160 North Carolina Army Fort Liberty AUTOMATED RECORD FIRE RANGE 19,500 19,500 Army Fort Liberty BARRACKS 50,000 50,000 Army Fort Liberty BARRACKS (FACILITY PROTOTYPING) 85,000 85,000 Oklahoma Army McAlester Army Ammunition Plant WATER TREATMENT PLANT (P&D) 0 1,194 Pennsylvania Army Letterkenny Army Depot ANECHOIC CHAMBER (P&D) 0 275 Army Letterkenny Army Depot GUIDED MISSILE MAINTENANCE BUILDING 89,000 89,000 Army Tobyhanna Army Depot HELIPAD (P&D) 0 311 Army Tobyhanna Army Depot RADAR MAINTENANCE SHOP (P&D) 0 259 Poland Army Various Locations PLANNING & DESIGN 0 25,710 South Carolina Army Fort Jackson COST TO COMPLETE: RECEPTION BARRACKS COMPLEX, PHASE 2 0 66,000 Texas Army Fort Bliss RAIL YARD 74,000 74,000 Army Fort Cavazos BARRACKS (P&D) 0 20,000 Army Fort Cavazos TACTICAL EQUIPMENT MAINTENANCE FACILITIES (P&D) 0 5,800 Army Red River Army Depot COMPONENT REBUILD SHOP 113,000 46,400 Army Red River Army Depot NON-DESTRUCTIVE TESTING FACILITY (P&D) 0 280 Army Red River Army Depot STANDBY GENERATOR (P&D) 0 270 Virginia Army Fort Belvoir EQUINE TRAINING FACILITY (P&D) 0 4,000 Washington Army Joint Base Lewis-McChord BARRACKS 100,000 100,000 Army Joint Base Lewis-McChord VEHICLE MAINTENANCE SHOP (P&D) 0 7,500 Worldwide Unspecified Army Unspecified Worldwide BARRACKS REPLACEMENT FUND 0 50,000 Army Unspecified Worldwide Locations HOST NATION SUPPORT 26,000 26,000 Army Unspecified Worldwide Locations MINOR CONSTRUCTION 76,280 76,280 Army Unspecified Worldwide Locations PLANNING & DESIGN 270,875 270,875 Subtotal Military Construction, Army 1,470,555 1,651,379 NAVY Australia Navy Royal Australian Air Force Base Darwin PDI: AIRCRAFT PARKING APRON (INC) 134,624 134,624 California Navy Marine Corps Air Ground Combat Center Twentynine Palms COMMUNICATIONS TOWERS 42,100 42,100 Navy Port Hueneme LABORATORY COMPOUND FACILITIES IMPROVEMENTS 110,000 15,000 Connecticut Navy Naval Submarine Base New London SUBMARINE PIER 31 EXTENSION 112,518 36,718 Navy Naval Submarine Base New London WEAPONS MAGAZINE & ORDNANCE OPERATIONS FAC. 219,200 19,200 District of Columbia Navy Marine Barracks Washington BACHELOR ENLISTED QUARTERS & SUPPORT FACILITY 131,800 16,800 Djibouti Navy Camp Lemonnier ELECTRICAL POWER PLANT 0 20,000 Florida Navy Naval Air Station Whiting Field AHTS HANGAR 0 50,000 Guam Navy Andersen Air Force Base PDI: CHILD DEVELOPMENT CENTER 105,220 55,220 Navy Andersen Air Force Base PDI: JOINT CONSOL. COMM. CENTER (INC) 107,000 107,000 Navy Joint Region Marianas PDI: JOINT COMMUNICATION UPGRADE (INC) 292,830 31,330 Navy Joint Region Marianas PDI: MISSILE INTEGRATION TEST FACILITY 174,540 44,540 Navy Naval Base Guam PDI: 9TH ESB TRAINING COMPLEX 23,380 23,380 Navy Naval Base Guam PDI: ARTILLERY BATTERY FACILITIES 137,550 67,550 Navy Naval Base Guam PDI: CONSOLIDATED MEB HQ/NCIS PHII 19,740 19,740 Navy Naval Base Guam PDI: RECREATION CENTER 34,740 34,740 Navy Naval Base Guam PDI: RELIGIOUS MINISTRY SERVICES FACILITY 46,350 46,350 Navy Naval Base Guam PDI: SATELLITE COMMUNICATIONS FACILITY (INC) 166,159 56,159 Navy Naval Base Guam PDI: TRAINING CENTER 89,640 89,640 Hawaii Navy Joint Base Pearl Harbor-Hickam DRY DOCK 3 REPLACEMENT (INC) 1,318,711 1,318,711 Navy Joint Base Pearl Harbor-Hickam WATERFRONT PRODUCTION FACILITY (P&D) 0 60,000 Navy Marine Corps Base Kaneohe Bay WATER RECLAMATION FACILITY COMPLIANCE UPGRADE 0 40,000 Italy Navy Naval Air Station Sigonella EDI: ORDNANCE MAGAZINES 77,072 77,072 Maine Navy Portsmouth Naval Shipyard MULTI-MISSION DRYDOCK #1 EXTENSION (INC) 544,808 544,808 Maryland Navy Fort Meade CYBERSECURITY OPERATIONS FACILITY 186,480 60,580 Navy Naval Air Station Patuxent River AIRCRAFT DEVELOPMENT AND MAINTENANCE FACILITIES 141,700 62,000 North Carolina Navy Marine Corps Air Station Cherry Point 2D LAAD MAINTENANCE AND OPERATIONS FACILITIES 0 50,000 Navy Marine Corps Air Station Cherry Point AIRCRAFT MAINTENANCE HANGAR (INC) 19,529 19,529 Navy Marine Corps Air Station Cherry Point MAINTENANCE FACILITY & MARINE AIR GROUP HQS 125,150 40,150 Navy Marine Corps Base Camp Lejeune 10TH MARINES MAINTENANCE & OPERATIONS COMPLEX 0 20,000 Navy Marine Corps Base Camp Lejeune CORROSION REPAIR FACILITY REPLACEMENT 0 20,000 Pennsylvania Navy Naval Surface Warfare Center Philadelphia AI MACHINERY CONTROL DEVELOPMENT CENTER 0 88,200 Virginia Navy Dam Neck Annex MARITIME SURVEILLANCE SYSTEM FACILITY 109,680 109,680 Navy Joint Expeditionary Base Little Creek—Fort Story CHILD DEVELOPMENT CENTER 35,000 35,000 Navy Marine Corps Base Quantico WATER TREATMENT PLANT 127,120 37,120 Navy Naval Station Norfolk CHILD DEVELOPMENT CENTER 43,600 43,600 Navy Naval Station Norfolk MQ–25 AIRCRAFT LAYDOWN FACILITIES 114,495 11,495 Navy Naval Station Norfolk SUBMARINE PIER 3 (INC) 99,077 99,077 Navy Naval Weapons Station Yorktown WEAPONS MAGAZINES 221,920 46,920 Navy Norfolk Naval Shipyard DRY DOCK SALTWATER SYSTEM FOR CVN–78 (INC) 81,082 81,082 Washington Navy Naval Base Kitsap ALTERNATE POWER TRANSMISSION LINE 0 19,000 Navy Naval Base Kitsap ARMORED FIGHTING VEHICLE SUPPORT FACILITY 0 31,000 Navy Naval Base Kitsap SHIPYARD ELECTRICAL BACKBONE 195,000 15,000 Worldwide Unspecified Navy Unspecified Worldwide BARRACKS REPLACEMENT FUND 0 75,000 Navy Unspecified Worldwide INDOPACOM PLANNING & DESIGN 0 69,000 Navy Unspecified Worldwide SIOP (P&D) 0 50,000 Navy Unspecified Worldwide Locations PLANNING & DESIGN 578,942 578,942 Navy Unspecified Worldwide Locations PLANNING & DESIGN 21,000 21,000 Navy Unspecified Worldwide Locations UNSPECIFIED MINOR CONSTRUCTION 34,430 34,430 Subtotal Military Construction, Navy 6,022,187 4,668,487 AIR FORCE Alaska Air Force Eielson Air Force Base CONSOLIDATED MUNITIONS COMPLEX (P&D) 0 1,200 Air Force Eielson Air Force Base JOINT PACIFIC ALASKA RANGE COMPLEX (JPARC) OPS FACILITY (P&D) 0 1,100 Air Force Joint Base Elmendorf-Richardson EXTEND RUNWAY 16/34 (INC 3) 107,500 107,500 Air Force Joint Base Elmendorf-Richardson PRECISION GUIDED MISSILE COMPLEX (P&D) 0 6,100 Arizona Air Force Luke Air Force Base GILA BEND (P&D) 0 2,600 Australia Air Force Royal Australian Air Force Base Darwin PDI: SQUADRON OPERATIONS FACILITY 26,000 26,000 Air Force Royal Australian Air Force Base Tindal PDI: AIRCRAFT MAINTENANCE SUPPORT FACILITY 17,500 17,500 Air Force Royal Australian Air Force Base Tindal PDI: SQUADRON OPERATIONS FACILITY 20,000 20,000 Air Force Royal Australian Air Force Base Tindal PDI: BOMBER APRON 93,000 93,000 Florida Air Force MacDill Air Force Base KC–46A ADAL AIRCRAFT CORROSION CONTROL 25,000 25,000 Air Force MacDill Air Force Base KC–46A ADAL AIRCRAFT MAINTENANCE HANGAR 27,000 27,000 Air Force MacDill Air Force Base KC–46A ADAL APRON & HYDRANT FUELING PITS 61,000 61,000 Air Force MacDill Air Force Base KC–46A ADAL FUEL SYSTEM MAINTENANCE DOCK 18,000 18,000 Air Force Patrick Space Force Base COMMERCIAL VEHICLE INSPECTION 15,000 15,000 Air Force Patrick Space Force Base COST TO COMPLETE: CONSOLIDATED COMMUNICATIONS CENTER 15,000 15,000 Air Force Patrick Space Force Base FINAL DENIAL BARRIERS, SOUTH GATE 12,000 12,000 Air Force Tyndall Air Force Base NATURAL DISASTER RECOVERY 0 252,000 Georgia Air Force Robins Air Force Base BATTLE MANAGEMENT COMBINED OPERATIONS COMPLEX 115,000 115,000 Guam Air Force Joint Region Marianas PDI: NORTH AIRCRAFT PARKING RAMP (INC) 109,000 109,000 Japan Air Force Kadena Air Base PDI: HELO RESCUE OPS MAINTENANCE HANGAR (INC 3) 46,000 46,000 Air Force Kadena Air Base PDI: THEATER A/C CORROSION CONTROL CTR (INC) 42,000 42,000 Louisiana Air Force Barksdale Air Force Base CHILD DEVELOPMENT CENTER (P&D) 0 2,000 Air Force Barksdale Air Force Base DORMITORY (P&D) 0 7,000 Air Force Barksdale Air Force Base WEAPONS GENERATION FACILITY (INC 3) 112,000 112,000 Mariana Islands Air Force Tinian PDI: AIRFIELD DEVELOPMENT, PHASE 1 (INC 3) 26,000 26,000 Air Force Tinian PDI: FUEL TANKS W/PIPELINE & HYDRANT (INC 3) 20,000 20,000 Air Force Tinian PDI: PARKING APRON (INC 3) 32,000 32,000 Massachusetts Air Force Hanscom Air Force Base CHILD DEVELOPMENT CENTER 37,000 37,000 Air Force Hanscom Air Force Base MIT-LINCOLN LAB (WEST LAB CSL/MIF) (INC 4) 70,000 70,000 Mississippi Air Force Columbus Air Force Base T–7A GROUND BASED TRAINING SYSTEM FACILITY 30,000 30,000 Air Force Columbus Air Force Base T–7A UNIT MAINTENANCE TRAINING FACILITY 9,500 9,500 Air Force Keesler Air Force Base AIR TRAFFIC CONTROL TOWER (P&D) 0 2,000 Nebraska Air Force Offutt Air Force Base 55 CES MAINTENANCE/WAREHOUSE (P&D) 0 4,500 Air Force Offutt Air Force Base BASE OPERATIONS/MOBILITY CENTER (P&D) 0 5,000 Air Force Offutt Air Force Base LOGISTICS READINESS SQUADRON TRANSPORTATION FACILITY (P&D) 0 3,500 Nevada Air Force Nellis Air Force Base F–35 COALITION HANGAR (P&D) 0 5,500 Air Force Nellis Air Force Base F–35 DATA LAB SUPPORT FACILITY (P&D) 0 700 New Mexico Air Force Cannon Air Force Base SATELLITE FIRE STATION (P&D) 0 5,000 Air Force Kirtland Air Force Base COST TO COMPLETE: WYOMING GATE UPGRADE FOR ANTITERRORISM COMPLIANCE 0 24,400 Norway Air Force Rygge Air Station EDI: DABS-FEV STORAGE 88,000 88,000 Air Force Rygge Air Station EDI: MUNITIONS STORAGE AREA 31,000 31,000 Ohio Air Force Wright-Patterson Air Force Base ACQUISITION MANAGEMENT COMPLEX PHASE V (P&D) 0 19,500 Oklahoma Air Force Tinker Air Force Base KC–46 3–BAY DEPOT MAINTENANCE HANGAR (INC 3) 78,000 78,000 Air Force Vance Air Force Base CONSOLIDATED UNDERGRADUATE PILOT TRAINING CENTER (P&D) 0 8,400 Philippines Air Force Cesar Basa Air Base PDI: TRANSIENT AIRCRAFT PARKING APRON 35,000 35,000 South Dakota Air Force Ellsworth Air Force Base B–21 FUEL SYSTEM MAINTENANCE DOCK 75,000 75,000 Air Force Ellsworth Air Force Base B–21 PHASE HANGAR 160,000 160,000 Air Force Ellsworth Air Force Base B–21 WEAPONS GENERATION FACILITY (INC) 160,000 160,000 Spain Air Force Morón Air Base EDI: MUNITIONS STORAGE 26,000 26,000 Texas Air Force Joint Base San Antonio-Lackland CHILD DEVELOPMENT CENTER 20,000 20,000 United Kingdom Air Force Royal Air Force Fairford COST TO COMPLETE: EDI DABS-FEV STORAGE 0 28,000 Air Force Royal Air Force Fairford COST TO COMPLETE: EDI MUNITIONS HOLDING AREA 0 20,000 Air Force Royal Air Force Fairford EDI: RADR STORAGE FACILITY 47,000 47,000 Air Force Royal Air Force Lakenheath EDI: RADR STORAGE FACILITY 28,000 28,000 Air Force Royal Air Force Lakenheath SURETY DORMITORY 50,000 50,000 Utah Air Force Hill Air Force Base F–35 T–7A EAST CAMPUS INFRASTRUCTURE 82,000 82,000 Worldwide Unspecified Air Force Unspecified Worldwide BARRACKS REPLACEMENT FUND 0 50,000 Air Force Unspecified Worldwide Locations EDI: PLANNING & DESIGN 5,648 5,648 Air Force Unspecified Worldwide Locations PLANNING & DESIGN 338,985 338,985 Air Force Unspecified Worldwide Locations PLANNING & DESIGN 90,281 90,281 Air Force Unspecified Worldwide Locations UNSPECIFIED MINOR MILITARY CONSTRUCTION 64,900 64,900 Wyoming Air Force F.E. Warren Air Force Base COST TO COMPLETE: CONSOLIDATED HELO/TRF OPS/AMU AND ALERT FACILITY 0 18,000 Air Force F.E. Warren Air Force Base GBSD INTEGRATED COMMAND CENTER (INC 2) 27,000 27,000 Air Force F.E. Warren Air Force Base GBSD INTEGRATED TRAINING CENTER 85,000 85,000 Air Force F.E. Warren Air Force Base GBSD MISSILE HANDLING COMPLEX (INC 2) 28,000 28,000 Subtotal Military Construction, Air Force 2,605,314 3,071,814 DEFENSE-WIDE Alabama Defense-Wide Redstone Arsenal GROUND TEST FACILITY INFRASTRUCTURE 147,975 77,975 California Defense-Wide Marine Corps Air Station Miramar AMBULATORY CARE CENTER—DENTAL CLINIC ADD//ALT 103,000 20,600 Defense-Wide Marine Corps Air Station Miramar ELECTRICAL INFRASTRUCTURE, ON-SITE GENERATION, AND MICROGRID IMPROVEMENTS 0 30,550 Defense-Wide Monterey COST TO COMPLETE: COGEN PLANT AT B236 0 5,460 Defense-Wide Naval Base Coronado COST TO COMPLETE: ATC OPERATIONS SUPPORT FACILITY 0 11,400 Defense-Wide Naval Base Coronado SOF NAVAL SPECIAL WARFARE COMMAND OPERATIONS SUPPORT FACILITY, PHASE 2 0 51,000 Defense-Wide Naval Base San Diego AMBULATORY CARE CENTER—DENTAL CLINIC REPLMT 101,644 22,185 Defense-Wide Naval Base San Diego MICROGRID AND BACKUP POWER 0 6,300 Defense-Wide Naval Base Ventura County COST TO COMPLETE: GROUND MOUNTED SOLAR PV 0 16,840 Defense-Wide Vandenberg Space Force Base MICROGRID WITH BACKUP POWER 0 57,000 Colorado Defense-Wide Buckley Space Force Base REDUNDANT ELECTRICAL SUPPLY 0 9,000 Defense-Wide Buckley Space Force Base REPLACEMENT WATER WELL 0 5,700 Cuba Defense-Wide Guantanamo Bay Naval Station AMBULATORY CARE CENTER (INC 1) 60,000 60,000 Delaware Defense-Wide Dover Air Force Base ARMED SERVICES WHOLE BLOOD PROCESSING LABORATORY 0 30,500 Djibouti Defense-Wide Camp Lemonnier COST TO COMPLETE: ENHANCE ENERGY SECURITY AND CONTROL SYSTEMS 0 5,200 Georgia Defense-Wide Naval Submarine Base Kings Bay ELECTRICAL TRANSMISSION AND DISTRIBUTION IMPROVEMENTS, PHASE 2 0 49,500 Germany Defense-Wide Baumholder HUMAN PERFORMANCE TRAINING CENTER 0 16,700 Defense-Wide Baumholder SOF COMPANY OPERATIONS FACILITY 41,000 41,000 Defense-Wide Baumholder SOF JOINT PARACHUTE RIGGING FACILITY 23,000 23,000 Defense-Wide Kaiserslautern Air Base KAISERSLAUTERN MIDDLE SCHOOL 21,275 21,275 Defense-Wide Ramstein Air Base RAMSTEIN MIDDLE SCHOOL 181,764 181,764 Defense-Wide Rhine Ordnance Barracks MEDICAL CENTER REPLACEMENT (INC 11) 77,210 77,210 Defense-Wide Stuttgart ROBINSON BARRACKS ELEM SCHOOL REPLACEMENT 8,000 8,000 Hawaii Defense-Wide Joint Base Pearl Harbor-Hickam COST TO COMPLETE: FY20 500 KW PV COVERED PARKING EV CHARGING STATION 0 7,476 Defense-Wide Joint Base Pearl Harbor-Hickam COST TO COMPLETE: PRIMARY ELECTRICAL DISTRIBUTION 0 13,040 Honduras Defense-Wide Soto Cano Air Base FUEL FACILITIES 41,300 41,300 Italy Defense-Wide Naples COST TO COMPLETE: SMART GRID 0 7,610 Japan Defense-Wide Fleet Activities Yokosuka KINNICK HIGH SCHOOL (INC) 70,000 70,000 Defense-Wide Kadena Air Base PDI SOF MAINTENANCE HANGAR 88,900 88,900 Defense-Wide Kadena Air Base PDI: SOF COMPOSITE MAINTENANCE FACILITY 11,400 11,400 Kansas Defense-Wide Forbes Field MICROGRID AND BACKUP POWER 0 5,850 Defense-Wide Fort Riley COST TO COMPLETE: POWER GENERATION AND MICROGRID 0 15,468 Korea Defense-Wide K–16 Air Base K–16 EMERGENCY BACKUP POWER 0 5,650 Kuwait Defense-Wide Camp Arifjan COST TO COMPLETE: POWER GENERATION AND MICROGRID 0 8,197 Defense-Wide Camp Buehring MICROGRID AND BACKUP POWER 0 18,850 Louisiana Defense-Wide Naval Air Station Joint Reserve Base New Orleans COST TO COMPLETE: DISTRIBUTION SWITCHGEAR 0 6,453 Maryland Defense-Wide Bethesda Naval Hospital MEDICAL CENTER ADDITION/ALTERATION (INC 7) 101,816 101,816 Defense-Wide Fort Meade NSAW MISSION OPS AND RECORDS CENTER (INC) 105,000 105,000 Defense-Wide Fort Meade NSAW RECAP BUILDING 4 (INC) 315,000 315,000 Defense-Wide Fort Meade NSAW RECAP BUILDING 5 (ECB 5) (INC) 65,000 65,000 Defense-Wide Joint Base Andrews HYDRANT FUELING SYSTEM 38,300 38,300 Missouri Defense-Wide Lake City Army Ammunition Plant MICROGRID AND BACKUP POWER 0 80,100 Montana Defense-Wide Great Falls International Airport FUEL FACILITIES 30,000 30,000 Nebraska Defense-Wide Offutt Air Force Base DEFENSE POW/MIA ACCOUNTABILITY AGENCY LABORATORY (P&D) 0 5,000 Defense-Wide Offutt Air Force Base MICROGRID AND BACKUP POWER 0 41,000 North Carolina Defense-Wide Fort Liberty (Camp Mackall) MICROGRID AND BACKUP POWER 0 10,500 Defense-Wide Marine Corps Base Camp Lejeune MARINE RAIDER BATTALION OPERATIONS FACILITY 0 70,000 Oklahoma Defense-Wide Fort Sill MICROGRID AND BACKUP POWER 0 76,650 Pennsylvania Defense-Wide Fort Indiantown Gap COST TO COMPLETE: GEOTHERMAL AND SOLAR PV 0 9,250 Puerto Rico Defense-Wide Fort Buchanan MICROGRID AND BACKUP POWER 0 56,000 Defense-Wide Juana Díaz COST TO COMPLETE: MICROGRID CONTROLS, 690 KW PV, 275KW GEN, 570 KWH BESS 0 7,680 Defense-Wide Ramey COST TO COMPLETE: MICROGRID CONTROL SYSTEM, 460 KW PV, 275KW GEN, 660 KWH BESS 0 6,360 Spain Defense-Wide Naval Station Rota BULK TANK FARM, PHASE 1 80,000 80,000 Texas Defense-Wide Fort Cavazos COST TO COMPLETE: POWER GENERATION AND MICROGRID 0 18,900 Defense-Wide Fort Cavazos MICROGRID AND BACKUP POWER 0 18,250 Utah Defense-Wide Hill Air Force Base OPEN STORAGE 14,200 14,200 Virginia Defense-Wide Fort Belvoir DIA HEADQUARTERS ANNEX 185,000 25,000 Defense-Wide Hampton Roads COST TO COMPLETE: BACKUP POWER GENERATION 0 1,200 Defense-Wide Joint Expeditionary Base Little Creek—Fort Story SOF SDVT2 OPERATIONS SUPPORT FACILITY 61,000 61,000 Defense-Wide Fort Belvoir (NGA Campus East) COST TO COMPLETE: CHILLED WATER REDUNDANCY 0 550 Defense-Wide Pentagon HVAC EFFICIENCY UPGRADES 0 2,250 Defense-Wide Pentagon SEC OPS AND PEDESTRIAN ACCESS FACS 30,600 30,600 Washington Defense-Wide Joint Base Lewis-McChord POWER GENERATION AND MICROGRID 0 49,850 Defense-Wide Joint Base Lewis-McChord SOF CONSOLIDATED RIGGING FACILITY 62,000 62,000 Defense-Wide Manchester BULK STORAGE TANKS, PHASE 2 71,000 71,000 Defense-Wide Naval Undersea Warfare Center Keyport SOF COLD WATER TRAINING AUSTERE ENVIRONMENT FACILITY 0 37,000 Worldwide Unspecified Defense-Wide Unspecified Worldwide INDOPACOM UNSPECIFIED MINOR MILITARY CONSTRUCTION 0 62,000 Defense-Wide Unspecified Worldwide Locations ENERGY RESILIENCE AND CONSERV. INVEST. PROG. 548,000 0 Defense-Wide Unspecified Worldwide Locations ERCIP PLANNING & DESIGN 86,250 86,250 Defense-Wide Unspecified Worldwide Locations EXERCISE RELATED MINOR CONSTRUCTION 11,107 11,107 Defense-Wide Unspecified Worldwide Locations PLANNING & DESIGN 49,610 49,610 Defense-Wide Unspecified Worldwide Locations PLANNING & DESIGN 32,579 32,579 Defense-Wide Unspecified Worldwide Locations PLANNING & DESIGN 30,215 30,215 Defense-Wide Unspecified Worldwide Locations PLANNING & DESIGN 25,130 25,130 Defense-Wide Unspecified Worldwide Locations PLANNING & DESIGN 24,000 24,000 Defense-Wide Unspecified Worldwide Locations PLANNING & DESIGN 8,568 8,568 Defense-Wide Unspecified Worldwide Locations PLANNING & DESIGN 3,068 3,068 Defense-Wide Unspecified Worldwide Locations PLANNING & DESIGN 2,000 2,000 Defense-Wide Unspecified Worldwide Locations PLANNING & DESIGN 1,035 1,035 Defense-Wide Unspecified Worldwide Locations PLANNING & DESIGN 590 590 Defense-Wide Unspecified Worldwide Locations UNSPECIFIED MINOR CONSTRUCTION 19,271 19,271 Defense-Wide Unspecified Worldwide Locations UNSPECIFIED MINOR CONSTRUCTION 3,000 3,000 Defense-Wide Various Worldwide Locations UNSPECIFIED MINOR CONSTRUCTION 4,875 4,875 Wyoming Defense-Wide F.E. Warren Air Force Base MICROGRID AND BATTERY STORAGE 0 25,000 Subtotal Military Construction, Defense-Wide 2,984,682 3,006,107 ARMY NATIONAL GUARD Alabama Army National Guard Fort McClellan COST TO COMPLETE: ENLISTED BARRACKS, TT 0 7,000 Army National Guard Huntsville COST TO COMPLETE: NATIONAL GUARD READINESS CENTER 0 4,650 Arizona Army National Guard Surprise Readiness Center NATIONAL GUARD READINESS CENTER 15,000 15,000 Arkansas Army National Guard Fort Chaffee COST TO COMPLETE: NATIONAL GUARD READINESS CENTER 0 610 California Army National Guard Bakersfield COST TO COMPLETE: VEHICLE MAINTENANCE SHOP 0 1,000 Army National Guard Camp Roberts COST TO COMPLETE: AUTOMATED MULTIPURPOSE MACHINE GUN (MPMG) RANGE 0 5,000 Colorado Army National Guard Peterson Space Force Base COST TO COMPLETE: NATIONAL GUARD READINESS CENTER 0 3,000 Connecticut Army National Guard Putnam COST TO COMPLETE: NATIONAL GUARD READINESS CENTER 0 6,125 Florida Army National Guard Camp Blanding MULTIPURPOSE MACHINE GUN RANGE 0 11,000 Guam Army National Guard Barrigada COST TO COMPLETE: NATIONAL GUARD READINESS CENTER 0 6,900 Idaho Army National Guard Jerome COST TO COMPLETE: NATIONAL GUARD READINESS CENTER 0 1,250 Army National Guard Jerome County Regional Site NATIONAL GUARD VEHICLE MAINTENANCE SHOP 17,000 17,000 Illinois Army National Guard Bloomington COST TO COMPLETE: NATIONAL GUARD VEHICLE MAINTENANCE SHOP 0 5,250 Army National Guard North Riverside Armory NATIONAL GUARD VEHICLE MAINTENANCE SHOP 24,000 24,000 Indiana Army National Guard Shelbyville COST TO COMPLETE: NATIONAL GUARD READINESS CENTER ADD/ALT 0 5,000 Kansas Army National Guard Topeka COST TO COMPLETE: NATIONAL GUARD/RESERVE CENTER BUILDING 0 5,856 Kentucky Army National Guard Burlington VEHICLE MAINTENANCE SHOP 0 16,400 Army National Guard Frankfort COST TO COMPLETE: NATIONAL GUARD/RESERVE CENTER BUILDING 0 2,000 Louisiana Army National Guard Camp Beauregard COLLECTIVE TRAINING UNACCOMPANIED HOUSING OPEN-BAY (P&D) 0 2,400 Army National Guard Camp Beauregard COST TO COMPLETE: NATIONAL GUARD READINESS CENTER 0 2,000 Army National Guard Camp Minden COST TO COMPLETE: COLLECTIVE TRAINING UNACCOMPANIED HOUSING, OPEN BAY 0 3,718 Maine Army National Guard Northern Maine Range Complex AUTOMATED MULTIPURPOSE MACHINE GUN RANGE (P&D) 0 2,800 Army National Guard Saco COST TO COMPLETE: NATIONAL GUARD VEHICLE MAINTENANCE SHOP 0 7,420 Massachusetts Army National Guard Camp Edwards COST TO COMPLETE: AUTOMATED MULTIPURPOSE MACHINE GUN (MPMG) RANGE 0 3,000 Mississippi Army National Guard Camp Shelby CAMP SHELBY JFTC RAILHEAD EXPANSION (P&D) 0 2,200 Army National Guard Camp Shelby COST TO COMPLETE: MANEUVER AREA TRAINING EQUIPMENT SITE ADDITION 0 5,425 Army National Guard Southaven NATIONAL GUARD READINESS CENTER 0 22,000 Missouri Army National Guard Belle Fontaine NATIONAL GUARD READINESS CENTER 28,000 28,000 Nebraska Army National Guard Bellevue COST TO COMPLETE: NATIONAL GUARD READINESS CENTER 0 9,090 Army National Guard Greenlief Training Site COLLECTIVE TRAINING UNACCOMPANIED HOUSING OPEN-BAY (P&D) 0 1,200 Army National Guard Mead Training Site COST TO COMPLETE: COLLECTIVE TRAINING UNACCOMPANIED HOUSING, OPEN BAY 0 1,913 Army National Guard North Platte COST TO COMPLETE: NATIONAL GUARD VEHICLE MAINTENANCE SHOP 0 400 New Hampshire Army National Guard Concord COST TO COMPLETE: NATIONAL GUARD READINESS CENTER 0 200 Army National Guard Littleton NATIONAL GUARD VEHICLE MAINTENANCE SHOP ADD 23,000 23,000 New Jersey Army National Guard Joint Base McGuire-Dix-Lakehurst COST TO COMPLETE: NATIONAL GUARD READINESS CENTER 0 605 New Mexico Army National Guard Rio Rancho Training Site NATIONAL GUARD VEHICLE MAINTENANCE SHOP ADD 11,000 11,000 New York Army National Guard Lexington Avenue Armory NATIONAL GUARD READINESS CENTER 0 70,000 North Carolina Army National Guard Salisbury ARMY AVIATION SUPPORT FACILITIES (P&D) 0 2,200 North Dakota Army National Guard Camp Grafton INSTITUTIONAL POST-INITIAL MILITARY TRAINING, UNACCOMPANIED HOUSING (P&D) 0 1,950 Army National Guard Dickinson COST TO COMPLETE: NATIONAL GUARD READINESS CENTER 0 5,425 Ohio Army National Guard Camp Perry Joint Training Center NATIONAL GUARD READINESS CENTER 19,200 19,200 Army National Guard Columbus COST TO COMPLETE: NATIONAL GUARD READINESS CENTER 0 4,000 Oklahoma Army National Guard Ardmore COST TO COMPLETE: VEHICLE MAINTENANCE SHOP 0 400 Oregon Army National Guard Washington County Readiness Center NATIONAL GUARD READINESS CENTER 26,000 26,000 Pennsylvania Army National Guard Hermitage Readiness Center NATIONAL GUARD READINESS CENTER 13,600 13,600 Army National Guard Moon Township COST TO COMPLETE: COMBINED SUPPORT MAINTENANCE SHOP 0 3,100 Puerto Rico Army National Guard Fort Allen COST TO COMPLETE: NATIONAL GUARD READINESS CENTER 0 3,676 Rhode Island Army National Guard Camp Fogarty Training Site COLLECTIVE TRAINING UNACCOMPANIED HOUSING OPEN-BAY (P&D) 0 1,990 Army National Guard North Kingstown NATIONAL GUARD READINESS CENTER 0 30,000 South Carolina Army National Guard Aiken County Readiness Center NATIONAL GUARD READINESS CENTER 20,000 20,000 Army National Guard Joint Base Charleston COST TO COMPLETE: NATIONAL GUARD READINESS CENTER 0 4,373 Army National Guard McCrady Training Center AUTOMATED MULTIPURPOSE MACHINE GUN RANGE 7,900 7,900 South Dakota Army National Guard Sioux Falls COST TO COMPLETE: NATIONAL GUARD READINESS CENTER 0 5,250 Tennessee Army National Guard Campbell Army Air Field ARMY AIR TRAFFIC CONTROL TOWERS (P&D) 0 2,500 Army National Guard McMinnville COST TO COMPLETE: NATIONAL GUARD READINESS CENTER 0 500 Texas Army National Guard Fort Cavazos GENERAL INSTRUCTION BUILDING (P&D) 0 2,685 Army National Guard Fort Worth COST TO COMPLETE: AIRCRAFT MAINTENANCE HANGAR ADD/ALT 0 6,489 Army National Guard Fort Worth COST TO COMPLETE: NATIONAL GUARD VEHICLE MAINTENANCE SHOP 0 381 Utah Army National Guard Camp Williams COLLECTIVE TRAINING UNACCOMPANIED HOUSING, SENIOR NCO AND OFFICER (P&D) 0 2,875 Vermont Army National Guard Bennington COST TO COMPLETE: NATIONAL GUARD READINESS CENTER 0 3,415 Virgin Islands Army National Guard St. Croix COST TO COMPLETE: ARMY AVIATION SUPPORT FACILITY 0 4,200 Army National Guard St. Croix COST TO COMPLETE: READY BUILDING 0 1,710 Virginia Army National Guard Sandston Rc & FMS 1 AIRCRAFT MAINTENANCE HANGAR 20,000 20,000 Army National Guard Troutville COST TO COMPLETE: COMBINED SUPPORT MAINTENANCE SHOP ADDITION 0 2,415 Army National Guard Troutville COST TO COMPLETE: NATIONAL GUARD READINESS CENTER ADDITION 0 2,135 West Virginia Army National Guard Parkersburg NATIONAL GUARD READINESS CENTER (P&D) 0 3,300 Wisconsin Army National Guard Viroqua NATIONAL GUARD READINESS CENTER 18,200 18,200 Worldwide Unspecified Army National Guard Unspecified Worldwide Locations PLANNING & DESIGN 34,286 34,286 Army National Guard Unspecified Worldwide Locations UNSPECIFIED MINOR CONSTRUCTION 63,000 63,000 Subtotal Military Construction, Army National Guard 340,186 650,567 ARMY RESERVE Alabama Army Reserve Birmingham ARMY RESERVE CENTER/AMSA/LAND 57,000 57,000 Arizona Army Reserve San Tan Valley AREA MAINTENANCE SUPPORT ACTIVITY 12,000 12,000 California Army Reserve Camp Pendleton COST TO COMPLETE: AREA MAINTENANCE SUPPORT ACTIVITY 0 3,000 Army Reserve Fort Hunter Liggett NETWORK ENTERPRISE CENTER 0 40,000 Florida Army Reserve Perrine COST TO COMPLETE: ARMY RESERVE CENTER 0 3,000 North Carolina Army Reserve Asheville COST TO COMPLETE: ARMY RESERVE CENTER 0 12,000 Ohio Army Reserve Wright-Patterson Air Force Base COST TO COMPLETE: ARMY RESERVE CENTER 0 5,000 Worldwide Unspecified Army Reserve Unspecified Worldwide Locations PLANNING & DESIGN 23,389 23,389 Army Reserve Unspecified Worldwide Locations UNSPECIFIED MINOR CONSTRUCTION 14,687 14,687 Subtotal Military Construction, Army Reserve 107,076 170,076 NAVY RESERVE & MARINE CORPS RESERVE Michigan Navy Reserve & Marine Corps Reserve Battle Creek ORGANIC SUPPLY FACILITIES 24,549 24,549 Virginia Navy Reserve & Marine Corps Reserve Marine Forces Reserve Dam Neck Virginia Beach G/ATOR SUPPORT FACILITIES 12,400 12,400 Worldwide Unspecified Navy Reserve & Marine Corps Reserve Unspecified Worldwide Locations MCNR PLANNING & DESIGN 6,495 6,495 Navy Reserve & Marine Corps Reserve Unspecified Worldwide Locations MCNR UNSPECIFIED MINOR CONSTRUCTION 7,847 7,847 Subtotal Military Construction, Navy Reserve & Marine Corps Reserve 51,291 51,291 AIR NATIONAL GUARD Alabama Air National Guard Montgomery Regional Airport F–35 ADAL SQ OPS BLDG 1303 7,000 7,000 Alaska Air National Guard Eielson Air Force Base AMC STANDARD DUAL BAY HANGAR (P&D) 0 3,700 Air National Guard Joint Base Elmendorf-Richardson ADAL ALERT CREW FACILITY HGR 18 0 7,000 Arizona Air National Guard Tucson International Airport MCCA: AIRCRAFT ARRESTING SYSTEM (NEW RWY) 11,600 11,600 Arkansas Air National Guard Ebbing Air National Guard Base 3–BAY HANGAR 0 54,000 Air National Guard Ebbing Air National Guard Base AIRCREW FLIGHT EQUIPMENT/STEP 0 9,300 Air National Guard Ebbing Air National Guard Base SPECIAL ACCESS PROGRAM FACILITY 0 12,700 Colorado Air National Guard Buckley Space Force Base AIRCRAFT CORROSION CONTROL 12,000 12,000 Indiana Air National Guard Fort Wayne International Airport FIRE STATION 8,900 8,900 Mississippi Air National Guard Field Air National Guard Base COST TO COMPLETE: 172ND AIRLIFT WING FIRE/CRASH RESCUE STATION 0 8,000 Missouri Air National Guard Rosecrans Air National Guard Base 139TH AIRLIFT WING ENTRY CONTROL POINT (P&D) 0 2,000 Air National Guard Rosecrans Air National Guard Base ENTRY CONTROL POINT (P&D) 0 2,000 Oregon Air National Guard Portland International Airport SPECIAL TACTICS COMPLEX, PHASE 1 22,000 22,000 Air National Guard Portland International Airport SPECIAL TACTICS COMPLEX, PHASE 2 18,500 18,500 Air National Guard Portland International Airport SPECIAL TACTICS COMPLEX, PHASE 3 0 20,000 Air National Guard Portland International Airport SPECIAL TACTICS COMPLEX, PHASE 4 0 11,000 Pennsylvania Air National Guard Harrisburg International Airport ENTRY CONTROL FACILITY 0 8,000 Wisconsin Air National Guard Truax Field F–35: MM&I FAC, B701 0 5,200 Air National Guard Volk Air National Guard Base FIRE/CRASH RESCUE STATION (P&D) 0 670 Worldwide Unspecified Air National Guard Unspecified Worldwide Locations PLANNING & DESIGN 35,600 35,600 Air National Guard Unspecified Worldwide Locations UNSPECIFIED MINOR CONSTRUCTION 63,122 63,122 Subtotal Military Construction, Air National Guard 178,722 322,292 AIR FORCE RESERVE Arizona Air Force Reserve Davis-Monthan Air Force Base GUARDIAN ANGEL POTFF FACILITY 0 8,500 California Air Force Reserve March Air Reserve Base KC–46 ADD/ALTER B1244 FUT/CARGO PALLET STORAGE 17,000 17,000 Air Force Reserve March Air Reserve Base KC–46 ADD/ALTER B6000 SIMULATOR FACILITY 8,500 8,500 Air Force Reserve March Air Reserve Base KC–46 TWO BAY MAINTENANCE/FUEL HANGAR 201,000 201,000 Guam Air Force Reserve Joint Region Marianas AERIAL PORT FACILITY 27,000 27,000 Louisiana Air Force Reserve Barksdale Air Force Base 307 BW MEDICAL FACILITY ADDITION 0 7,000 Ohio Air Force Reserve Youngstown Air Reserve Station BASE FIRE STATION (P&D) 0 2,500 Texas Air Force Reserve Naval Air Station Joint Reserve Base Fort Worth LRS WAREHOUSE 16,000 16,000 Worldwide Unspecified Air Force Reserve Unspecified Worldwide Locations PLANNING & DESIGN 12,146 12,146 Air Force Reserve Unspecified Worldwide Locations UNSPECIFIED MINOR MILITARY CONSTRUCTION 9,926 9,926 Subtotal Military Construction, Air Force Reserve 291,572 309,572 NATO SECURITY INVESTMENT PROGRAM Worldwide Unspecified NATO NATO Security Investment Program NATO SECURITY INVESTMENT PROGRAM 293,434 293,434 Subtotal NATO Security Investment Program 293,434 293,434 INDOPACIFIC COMBATANT COMMAND Worldwide Unspecified MILCON, INDOPACOM Unspecified Worldwide Locations INDOPACOM MILITARY CONSTRUCTION PILOT PROGRAM 0 150,000 Subtotal Base Realignment and Closure—Defense-Wide 0 150,000 TOTAL INDOPACIFIC COMBATANT COMMAND 0 150,000 TOTAL MILITARY CONSTRUCTION 14,345,019 14,345,019 FAMILY HOUSING FAMILY HOUSING CONSTRUCTION, ARMY Georgia Fam Hsg Con, Army Fort Eisenhower FORT EISENHOWER MHPI EQUITY INVESTMENT 50,000 50,000 Germany Fam Hsg Con, Army Baumholder FAMILY HOUSING NEW CONSTRUCTION 78,746 78,746 Kwajalein Fam Hsg Con, Army Kwajalein Atoll FAMILY HOUSING REPLACEMENT CONSTRUCTION 98,600 98,600 Missouri Fam Hsg Con, Army Fort Leonard Wood FORT LEONARD WOOD MHPI EQUITY INVESTMENT 50,000 50,000 Worldwide Unspecified Fam Hsg Con, Army Unspecified Worldwide Locations FAMILY HOUSING P&D 27,549 27,549 Subtotal Family Housing Construction, Army 304,895 304,895 FAMILY HOUSING O&M, ARMY Worldwide Unspecified Fam Hsg O&M, Army Unspecified Worldwide Locations FURNISHINGS 12,121 12,121 Fam Hsg O&M, Army Unspecified Worldwide Locations HOUSING PRIVATIZATION SUPPORT 86,019 86,019 Fam Hsg O&M, Army Unspecified Worldwide Locations LEASING 112,976 112,976 Fam Hsg O&M, Army Unspecified Worldwide Locations MAINTENANCE 86,706 86,706 Fam Hsg O&M, Army Unspecified Worldwide Locations MANAGEMENT 41,121 41,121 Fam Hsg O&M, Army Unspecified Worldwide Locations MISCELLANEOUS 554 554 Fam Hsg O&M, Army Unspecified Worldwide Locations SERVICES 7,037 7,037 Fam Hsg O&M, Army Unspecified Worldwide Locations UTILITIES 38,951 38,951 Subtotal Family Housing Operation And Maintenance, Army 385,485 385,485 FAMILY HOUSING CONSTRUCTION, NAVY & MARINE CORPS Guam Fam Hsg Con, Navy & Marine Corps Joint Region Marianas REPLACE ANDERSEN HOUSING, PHASE 8 121,906 121,906 Fam Hsg Con, Navy & Marine Corps Naval Support Activity Andersen REPLACE ANDERSEN HOUSING (AF), PHASE 7 83,126 83,126 Worldwide Unspecified Fam Hsg Con, Navy & Marine Corps Unspecified Worldwide Locations DESIGN, WASHINGTON DC 4,782 4,782 Fam Hsg Con, Navy & Marine Corps Unspecified Worldwide Locations IMPROVEMENTS, WASHINGTON DC 57,740 57,740 Fam Hsg Con, Navy & Marine Corps Unspecified Worldwide Locations USMC DPRI/GUAM PLANNING & DESIGN 9,588 9,588 Subtotal Family Housing Construction, Navy & Marine Corps 277,142 277,142 FAMILY HOUSING O&M, NAVY & MARINE CORPS Worldwide Unspecified Fam Hsg O&M, Navy & Marine Corps Unspecified Worldwide Locations FURNISHINGS 17,744 17,744 Fam Hsg O&M, Navy & Marine Corps Unspecified Worldwide Locations HOUSING PRIVATIZATION SUPPORT 65,655 65,655 Fam Hsg O&M, Navy & Marine Corps Unspecified Worldwide Locations LEASING 60,214 60,214 Fam Hsg O&M, Navy & Marine Corps Unspecified Worldwide Locations MAINTENANCE 101,356 101,356 Fam Hsg O&M, Navy & Marine Corps Unspecified Worldwide Locations MANAGEMENT 61,896 61,896 Fam Hsg O&M, Navy & Marine Corps Unspecified Worldwide Locations MISCELLANEOUS 419 419 Fam Hsg O&M, Navy & Marine Corps Unspecified Worldwide Locations SERVICES 13,250 13,250 Fam Hsg O&M, Navy & Marine Corps Unspecified Worldwide Locations UTILITIES 43,320 43,320 Subtotal Family Housing Operation & Maintenance, Navy & Marine Corps 363,854 363,854 FAMILY HOUSING CONSTRUCTION, AIR FORCE Alabama Fam Hsg Con, Air Force Maxwell Air Force Base MHPI RESTRUCTURE-AETC GROUP II 65,000 65,000 Colorado Fam Hsg Con, Air Force U.S. Air Force Academy CONSTRUCTION IMPROVEMENT—CARLTON HOUSE 9,282 9,282 Hawaii Fam Hsg Con, Air Force Joint Base Pearl Harbor-Hickam MHPI RESTRUCTURE-JOINT BASE PEARL HARBOR-HICKAM 75,000 75,000 Mississippi Fam Hsg Con, Air Force Keesler Air Force Base MHPI RESTRUCTURE-SOUTHERN GROUP 80,000 80,000 Worldwide Unspecified Fam Hsg Con, Air Force Unspecified Worldwide Locations PLANNING & DESIGN 7,815 7,815 Subtotal Family Housing Construction, Air Force 237,097 237,097 FAMILY HOUSING O&M, AIR FORCE Worldwide Unspecified Fam Hsg O&M, Air Force Unspecified Worldwide Locations FURNISHINGS 12,884 23,884 Fam Hsg O&M, Air Force Unspecified Worldwide Locations HOUSING PRIVATIZATION SUPPORT 31,803 31,803 Fam Hsg O&M, Air Force Unspecified Worldwide Locations LEASING 5,143 5,143 Fam Hsg O&M, Air Force Unspecified Worldwide Locations MAINTENANCE 135,410 124,410 Fam Hsg O&M, Air Force Unspecified Worldwide Locations MANAGEMENT 68,023 68,023 Fam Hsg O&M, Air Force Unspecified Worldwide Locations MISCELLANEOUS 2,377 2,377 Fam Hsg O&M, Air Force Unspecified Worldwide Locations SERVICES 10,692 10,692 Fam Hsg O&M, Air Force Unspecified Worldwide Locations UTILITIES 48,054 48,054 Subtotal Family Housing Operation And Maintenance, Air Force 314,386 314,386 FAMILY HOUSING O&M, DEFENSE-WIDE Worldwide Unspecified Fam Hsg O&M, Defense-Wide Unspecified Worldwide Locations FURNISHINGS 673 673 Fam Hsg O&M, Defense-Wide Unspecified Worldwide Locations FURNISHINGS 89 89 Fam Hsg O&M, Defense-Wide Unspecified Worldwide Locations LEASING 32,042 32,042 Fam Hsg O&M, Defense-Wide Unspecified Worldwide Locations LEASING 13,658 13,658 Fam Hsg O&M, Defense-Wide Unspecified Worldwide Locations MAINTENANCE 35 35 Fam Hsg O&M, Defense-Wide Unspecified Worldwide Locations UTILITIES 4,273 4,273 Fam Hsg O&M, Defense-Wide Unspecified Worldwide Locations UTILITIES 15 15 Subtotal Family Housing Operation And Maintenance, Defense-Wide 50,785 50,785 FAMILY HOUSING IMPROVEMENT FUND Worldwide Unspecified Family Housing Improvement Fund Unspecified Worldwide Locations ADMINISTRATIVE EXPENSES—FHIF 6,611 6,611 Subtotal Family Housing Improvement Fund 6,611 6,611 UNACCOMPANIED HOUSING IMPROVEMENT FUND Worldwide Unspecified Unaccompanied Housing Improvement Fund Unspecified Worldwide Locations ADMINISTRATIVE EXPENSES—UHIF 496 496 Subtotal Unaccompanied Housing Improvement Fund 496 496 TOTAL FAMILY HOUSING 1,940,751 1,940,751 DEFENSE BASE REALIGNMENT AND CLOSURE BASE REALIGNMENT AND CLOSURE, ARMY Worldwide Unspecified BRAC, Army Unspecified Worldwide Locations BASE REALIGNMENT AND CLOSURE 150,640 150,640 Subtotal Base Realignment and Closure—Army 150,640 150,640 BASE REALIGNMENT AND CLOSURE, NAVY Worldwide Unspecified BRAC, Navy Unspecified Worldwide Locations BASE REALIGNMENT AND CLOSURE 108,818 108,818 Subtotal Base Realignment and Closure—Navy 108,818 108,818 BASE REALIGNMENT AND CLOSURE, AIR FORCE Worldwide Unspecified BRAC, Air Force Unspecified Worldwide Locations BASE REALIGNMENT AND CLOSURE 123,990 123,990 Subtotal Base Realignment and Closure—Air Force 123,990 123,990 BASE REALIGNMENT AND CLOSURE, DEFENSE-WIDE Worldwide Unspecified BRAC, Defense-Wide Unspecified Worldwide Locations INT–4: DLA ACTIVITIES 5,726 5,726 Subtotal Base Realignment and Closure—Defense-Wide 5,726 5,726 TOTAL DEFENSE BASE REALIGNMENT AND CLOSURE 389,174 389,174 TOTAL MILITARY CONSTRUCTION, FAMILY HOUSING, AND BRAC 16,674,944 16,674,944 XLVII DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS Program FY 2024 Senate Discretionary Summary by Appropriation Energy and Water Development and Related Agencies Appropriation Summary: Energy Programs Nuclear Energy 177,733 177,733 Atomic Energy Defense Activities National Nuclear Security Administration: Weapons Activities 18,832,947 19,108,947 Defense Nuclear Nonproliferation 2,508,959 2,483,959 Naval Reactors 1,964,100 1,964,100 Federal Salaries and Expenses 538,994 538,994 Total, National Nuclear Security Administration 23,845,000 24,096,000 Defense Environmental Cleanup 7,073,587 7,073,587 Defense Uranium Enrichment D&D 427,000 0 Other Defense Activities 1,075,197 1,075,197 Total, Atomic Energy Defense Activities 32,420,784 32,244,784 Total, Discretionary Funding 32,598,517 32,422,517 Nuclear Energy Safeguards and security 177,733 177,733 Total, Nuclear Energy 177,733 177,733 National Nuclear Security Administration Weapons Activities Stockpile management Stockpile major modernization B61 Life extension program 449,850 449,850 W88 Alteration program 178,823 178,823 W80–4 Life extension program 1,009,929 1,009,929 W80–4 ALT Nuclear-armed sea-launched cruise missile 0 75,000 Program increase (75,000) W87–1 Modification Program 1,068,909 1,068,909 W93 389,656 389,656 Subtotal, Stockpile major modernization 3,097,167 3,172,167 Stockpile sustainment 1,276,578 1,276,578 Weapons dismantlement and disposition 53,718 53,718 Production operations 710,822 710,822 Nuclear enterprise assurance 66,614 66,614 Total, Stockpile management 5,204,899 5,279,899 Production Modernization Primary Capability Modernization Plutonium Modernization Los Alamos Plutonium Modernization Los Alamos Plutonium Operations 833,100 833,100 21–D–512 Plutonium Pit Production Project, LANL 670,000 670,000 15–D–302 TA–55 Reinvestments Project, Phase 3, LANL 30,000 30,000 07–D–220-04 Transuranic Liquid Waste Facility, LANL 0 0 04–D–125 Chemistry and Metallurgy Research Replacement Project, LANL 227,122 227,122 Subtotal, Los Alamos Plutonium Modernization 1,760,222 1,760,222 Savannah River Plutonium Modernization Savannah River Plutonium Operations 62,764 62,764 21–D–511 Savannah River Plutonium Processing Facility, SRS 858,235 858,235 Subtotal, Savannah River Plutonium Modernization 920,999 920,999 Enterprise Plutonium Support 87,779 87,779 Total, Plutonium Modernization 2,769,000 2,769,000 High Explosives & Energetics High Explosives & Energetics 93,558 93,558 23–D–516 Energetic Materials Characterization Facility, LANL 0 19,000 Restore project (19,000) 21–D–510 HE Synthesis, Formulation, and Production, PX 0 110,000 Restore project (110,000) 15–D–301 HE Science & Engineering Facility, PX 101,356 101,356 Subtotal, High Explosives & Energetics 194,914 323,914 Total, Primary Capability Modernization 2,963,914 3,092,914 Secondary Capability Modernization Secondary Capability Modernization 666,914 666,914 18–D–690 Lithium Processing Facility, Y–12 210,770 210,770 06–D–141 Uranium Processing Facility, Y–12 760,000 760,000 Total, Secondary Capability Modernization 1,637,684 1,637,684 Tritium and Domestic Uranium Enrichment Tritium and Domestic Uranium Enrichment 592,992 592,992 18–D–650 Tritium Finishing Facility, SRS 0 0 Total, Tritium and Domestic Uranium Enrichment 592,992 592,992 Non-Nuclear Capability Modernization Non-Nuclear Capability Modernization 166,990 166,990 22–D–513 Power Sources Capability, SNL 37,886 37,886 Total, Non-Nuclear Capability Modernization 204,876 204,876 Capability Based Investments 156,462 156,462 Total, Production Modernization 5,555,928 5,684,928 Stockpile research, technology, and engineering Assessment Science Assessment Science 917,751 926,751 Program increase for Krypton Fluoride laser (9,000) 14–D–640 U1a Complex Enhancements Project, NNSS 126,570 126,570 Total, Assessment Science 1,044,321 1,053,321 Engineering and integrated assessments 440,456 440,456 Inertial confinement fusion 601,650 641,650 Program increase (40,000) Advanced simulation and computing 782,472 792,472 Program increase (10,000) Weapon technology and manufacturing maturation 327,745 327,745 Academic programs 152,271 152,271 Total, Stockpile research, technology, and engineering 3,348,915 3,407,915 Infrastructure and operations Operating Operations of facilities 1,053,000 1,053,000 Safety and Environmental Operations 139,114 139,114 Maintenance and Repair of Facilities 718,000 718,000 Recapitalization Infrastructure and Safety 650,012 650,012 Subtotal, Recapitalization 650,012 650,012 Total, Operating 2,560,126 2,560,126 Mission enabling construction 22–D–510 Analytic Gas Laboratory, PX 35,000 35,000 22–D–511 Plutonium Production Building, LANL 48,500 48,500 22–D–512 TA–46 Protective Force Facility, LANL 48,500 48,500 22–D–517 Electrical Power Capacity Upgrade, LANL 75,000 75,000 22–D–518 Plutonium Modernization Ops & Waste Mngmt Office Bldg, LANL 0 0 23–D–519 Special Material Facility, Y–12 0 0 Total, Mission enabling construction 207,000 207,000 Total, Infrastructure and operations 2,767,126 2,767,126 Secure transportation asset Operations and equipment 239,008 239,008 Program direction 118,056 118,056 Total, Secure transportation asset 357,064 357,064 Defense nuclear security Operations and maintenance 988,756 991,756 Program increase (3,000) Construction: 17–D–710 West End Protected Area Reduction Project, Y–12 28,000 38,000 Program increase (10,000) Subtotal, Construction 28,000 38,000 Total, Defense nuclear security 1,016,756 1,029,756 Information technology and cybersecurity 578,379 578,379 Legacy contractor pensions 65,452 65,452 Total, Weapons Activities 18,894,519 19,170,519 Adjustments Use of prior year balances –61,572 –61,572 Total, Adjustments –61,572 –61,572 Total, Weapons Activities 18,832,947 19,108,947 Defense Nuclear Nonproliferation Material Management and Minimization Conversion (formerly HEU Reactor Conversion) 116,675 116,675 Nuclear material removal 47,100 47,100 Material disposition 282,250 282,250 Total, Material Management and Minimization 446,025 446,025 Global Material Security International nuclear security 84,707 84,707 Radiological security 258,033 258,033 Nuclear smuggling detection and deterrence 181,308 181,308 Total, Global Material Security 524,048 524,048 Nonproliferation and Arms Control 212,358 212,358 Defense Nuclear Nonproliferation R&D Proliferation detection 290,388 290,388 Nonproliferation stewardship program 107,437 107,437 Nuclear detonation detection 285,603 285,603 Forensics R&D 44,759 44,759 Nonproliferation fuels development 0 0 Total, Defense Nuclear Nonproliferation R&D 728,187 728,187 Nonproliferation Construction: 18–D–150 Surplus Plutonium Disposition Project, SRS 77,211 77,211 Total, Nonproliferation Construction 77,211 77,211 NNSA Bioassurance Program 25,000 0 Program reduction (–25,000) Legacy contractor pensions 22,587 22,587 Nuclear Counterterrorism and Incident Response Program Emergency Operations 19,123 19,123 Counterterrorism and Counterproliferation 474,420 474,420 Total, Nuclear Counterterrorism and Incident Response Program 493,543 493,543 Subtotal, Defense Nuclear Nonproliferation 2,528,959 2,503,959 Adjustments Use of prior year balances –20,000 –20,000 Total, Adjustments –20,000 –20,000 Total, Defense Nuclear Nonproliferation 2,508,959 2,483,959 Naval Reactors Naval reactors development 838,340 838,340 Columbia-Class reactor systems development 52,900 52,900 S8G Prototype refueling 0 0 Naval reactors operations and infrastructure 712,036 712,036 Program direction 61,540 61,540 Construction: 22–D–533 BL Component Test Complex 0 0 22–D–531 KL Chemistry & Radiological Health Building 10,400 10,400 21–D–530 KL Steam and Condensate Upgrade 53,000 53,000 14–D–901 Spent Fuel Handling Recapitalization Project, NRF 199,300 199,300 24–D–530 NRF Medical Science Complex 36,584 36,584 Total, Construction 299,284 262,700 Total, Naval Reactors 1,964,100 1,964,100 Federal Salaries and Expenses Program direction 538,994 538,994 Use of prior year balances 0 0 Total, Federal Salaries and Expenses 538,994 538,994 TOTAL, National Nuclear Security Administration 23,845,000 24,096,000 Defense Environmental Cleanup Closure sites administration 3,023 3,023 Richland River corridor and other cleanup operations 180,000 180,000 Central plateau remediation 684,289 684,289 Richland community and regulatory support 10,100 10,100 18–D–404 Modification of Waste Encapsulation and Storage Facility 0 0 22–D–401 L–888 Eastern Plateau Fire Station 7,000 7,000 22–D–402 L–897 200 Area Water Treatment Facility 11,200 11,200 23–D–404 181D Export Water System Reconfiguration and Upgrade 27,149 27,149 23–D–405 181B Export Water System Reconfiguration and Upgrade 462 462 24–D–401 Environmental Restoration Disposal Facility Supercell 11 Expans Proj 1,000 1,000 Total, Richland 921,200 921,200 Office of River Protection: Waste Treatment Immobilization Plant Commissioning 466,000 466,000 Rad liquid tank waste stabilization and disposition 813,625 813,625 Construction: 23–D–403 Hanford 200 West Area Tank Farms Risk Management Project 15,309 15,309 15–D–409 Low Activity Waste Pretreatment System 60,000 60,000 18–D–16 Waste Treatment and Immobilization Plant—LBL/Direct feed LAW 0 0 01–D–16D High-Level Waste Facility 600,000 600,000 01–D–16E Pretreatment Facility 20,000 20,000 Subtotal, Construction 695,309 695,309 ORP Low-level waste offsite disposal 0 0 Total, Office of River Protection 1,974,934 1,974,934 Idaho National Laboratory: Idaho cleanup and waste disposition 377,623 377,623 Idaho community and regulatory support 2,759 2,759 Construction: 22–D–403 Idaho Spent Nuclear Fuel Staging Facility 10,159 10,159 22–D–404 Addl ICDF Landfill Disposal Cell and Evaporation Ponds Project 46,500 46,500 22–D–402 Calcine Construction 10,000 10,000 Subtotal, Construction 66,659 66,659 Total, Idaho National Laboratory 447,041 447,041 NNSA sites and Nevada off-sites Lawrence Livermore National Laboratory 1,879 1,879 LLNL Excess Facilities D&D 20,195 20,195 Separations Processing Research Unit 15,300 15,300 Nevada Test Site 61,952 61,952 Sandia National Laboratory 2,264 2,264 Los Alamos National Laboratory 273,831 273,831 Los Alamos Excess Facilities D&D 13,648 13,648 Total, NNSA sites and Nevada off-sites 389,069 389,069 Oak Ridge Reservation: OR Nuclear Facility D&D 335,000 335,000 U233 Disposition Program 55,000 55,000 OR cleanup and waste disposition 72,000 72,000 Construction: 14–D–403 Outfall 200 Mercury Treatment Facility 10,000 10,000 17–D–401 On-site Waste Disposal Facility 24,500 24,500 Subtotal, Construction 34,500 34,500 OR community & regulatory support 5,500 5,500 OR technology development and deployment 3,000 3,000 Total, Oak Ridge Reservation 505,000 505,000 Savannah River Site: Savannah River risk management operations 453,109 453,109 Savannah River legacy pensions 65,898 65,898 Savannah River community and regulatory support 12,389 12,389 Savannah River National Laboratory O&M 42,000 42,000 Construction: 20-D–401 Saltstone Disposal Unit #10, 11, 12 56,250 56,250 19–D–701 SR Security Systems Replacement 0 0 18–D–401 Saltstone Disposal Unit #8, 9 31,250 31,250 18–D–402 Emergency Operations Center Replacement, SR 34,733 34,733 Subtotal, Construction 122,233 122,233 Radioactive liquid tank waste stabilization 880,323 880,323 Total, Savannah River Site 1,575,952 1,575,952 Waste Isolation Pilot Plant Waste Isolation Pilot Plant 369,961 369,961 Construction: 15–D–411 Safety Significant Confinement Ventilation System, WIPP 44,365 44,365 15–D–412 Utility Shaft, WIPP 50,000 50,000 Total, Construction 94,365 94,365 Total, Waste Isolation Pilot Plant 464,326 464,326 Program direction—Defense Environmental Cleanup 326,893 326,893 Program support—Defense Environmental Cleanup 103,504 103,504 Safeguards and Security—Defense Environmental Cleanup 332,645 332,645 Technology development and deployment 30,000 30,000 Subtotal, Defense Environmental Cleanup 7,073,587 7,073,587 TOTAL, Defense Environmental Cleanup 7,073,587 7,073,587 Defense Uranium Enrichment D&D 427,000 0 Program reduction (–427,000) Other Defense Activities Environment, health, safety and security Environment, health, safety and security mission support 144,705 144,705 Program direction 86,558 86,558 Total, Environment, health, safety and security 231,263 231,263 Office of Enterprise Assessments Enterprise assessments 30,022 30,022 Program direction 64,132 64,132 Total, Office of Enterprise Assessments 94,154 94,154 Specialized security activities 345,330 345,330 Legacy Management Legacy Management Activities—Defense 173,681 173,681 Program Direction 22,621 22,621 Total, Legacy Management 196,302 196,302 Defense-Related Administrative Support 203,649 203,649 Office of Hearings and Appeals 4,499 4,499 Subtotal, Other Defense Activities 1,075,197 1,075,197 Use of prior year balances 0 0 Total, Other Defense Activities 1,075,197 1,075,197 E Additional Provisions LI Procurement D Air Force programs 5131. Inventory of C–130 aircraft (a) Minimum inventory requirement Section 146(a)(3)(B) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 ( Public Law 117–263 2023 2024 (b) Prohibition on reduction of C–130 aircraft assigned to National Guard Section 146(b)(1) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 ( Public Law 117–263 fiscal year 2023 fiscal years 2023 and 2024 5132. Extension of prohibition on certain reductions to B–1 bomber aircraft squadrons Section 133(c)(1) of the National Defense Authorization Act for Fiscal Year 2022 ( Public Law 117–81 September 30, 2023 September 30, 2026 5133. Prohibition on divestment of F–15E aircraft None of the funds authorized to be appropriated by this Act for any of fiscal years 2024 through 2029 may be obligated or expended to divest any F–15E aircraft. LII Research, development, test, and evaluation 5201. Application of public-private talent exchange programs in the Department of Defense to quantum information sciences and technology research In carrying out section 1599g of title 10, United States Code, the Secretary of Defense may establish public-private exchange programs, each with up to 10 program participants, focused on private sector entities working on quantum information sciences and technology research applications. 5202. Briefing on Science, Mathematics, and Research for Transformation (SMART) Defense Education Program Not later than three years after the date of the enactment of this Act, the Secretary of Defense shall provide Congress with a briefing on participation and use of the program under section 4093 of title 10, United States Code, with a particular focus on levels of interest from students engaged in studying quantum fields. 5203. Improvements to defense quantum information science and technology research and development program (a) Fellowship program authorized Section 234 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 10 U.S.C. 4001 (1) by redesignating subsection (f) as subsection (g); and (2) by inserting after subsection (e) the following new subsection (f): (f) Fellowships (1) Program authorized In carrying out the program required by subsection (a) and subject to the availability of appropriations to carry out this subsection, the Secretary may carry out a program of fellowships in quantum information science and technology research and development for individuals who have a graduate or post-graduate degree. (2) Equal access In carrying out the program under paragraph (1), the Secretary may establish procedures to ensure that minority, geographically diverse, and economically disadvantaged students have equal access to fellowship opportunities under such program. . (b) Multidisciplinary partnerships with universities Such section is further amended— (1) by redesignating subsection (g), as redesignated by subsection (a)(1), as subsection (h); and (2) by inserting after subsection (f), as added by subsection (a)(2), the following new subsection (g): (g) Multidisciplinary partnerships with universities In carrying out the program under subsection (a), the Secretary of Defense may develop partnerships with universities to enable students to engage in multidisciplinary courses of study. . 5204. Improvements to National Quantum Initiative Program (a) Involvement of Department of Defense and intelligence community in National Quantum Initiative Advisory Committee (1) Qualifications Subsection (b) of section 104 of the National Quantum Initiative Act ( 15 U.S.C. 8814 and Federal laboratories Federal laboratories, and intelligence researchers (2) Integration Such section is amended— (A) by redesignating subsections (e) through (g) as subsection (f) through (h), respectively; and (B) by inserting after subsection (d) the following new subsection (e): (e) Integration of Department of Defense and intelligence community The Advisory Committee shall take such actions as may be necessary, including by modifying policies and procedures of the Advisory Committee, to ensure the full integration of the Department of Defense and the intelligence community (as defined in section 3 of the National Security Act of 1947 ( 50 U.S.C. 3003 . (b) Clarification of purpose of Multidisciplinary Centers for Quantum Research and Education Section 302(c) of the National Quantum Initiative Act ( 15 U.S.C. 8842(c) (1) in paragraph (2), by striking ; and (2) in paragraph (3), by striking the period at the end and inserting ; and (3) by adding at the end the following new paragraph: (4) encouraging workforce collaboration, both with private industry and among Federal entities, including Department of Defense components and the intelligence community (as defined in section 3 of the National Security Act of 1947 ( 50 U.S.C. 3003 . (c) Coordination of National Quantum Information Science Research Centers Section 402(d) of the National Quantum Initiative Act ( 15 U.S.C. 8852(d) (1) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and (2) by inserting after paragraph (1) the following new paragraph (2): (2) other research entities of the Federal government, including research entities in the intelligence community (as defined in section 3 of the National Security Act of 1947 ( 50 U.S.C. 3003 . (d) National Quantum Coordination Office, collaboration when reporting to Congress Section 102 of the National Quantum Initiative Act ( 15 U.S.C. 8812 (1) by redesignating subsection (c) as subsection (d); and (2) by inserting after subsection (b) the following new subsection (c): (c) Collaboration when reporting to Congress The Coordination Office shall ensure that when participants in the National Quantum Initiative Program prepare and submit reports to Congress that they do so in collaboration with each other and as appropriate Federal civilian, defense, and intelligence research entities. . (e) Reporting to additional committees of Congress Paragraph (2) of section 2 of such Act ( 15 U.S.C. 8801 (2) Appropriate committees of Congress The term appropriate committees of Congress (A) the Committee on Commerce, Science, and Transportation, the Committee on Energy and Natural Resources, the Committee on Armed Services, and the Select Committee on Intelligence of the Senate; and (B) the Committee on Energy and Commerce, the Committee on Science, Space, and Technology, the Committee on Armed Services, and the Permanent Select Committee on Intelligence of the House of Representatives. . 5205. Annual review of status of implementation plan for digital engineering career tracks (a) Annual review and report required Not less frequently than once each year until December 31, 2029, the Secretary of Defense shall— (1) conduct an internal review of the status of the implementation of the plan submitted pursuant to section 230(b) of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 (2) submit to the congressional defense committees— (A) a summary of the status described in paragraph (1); (B) a report on the findings of the Secretary with respect to the most recent review conducted pursuant to such paragraph; and (C) a plan for how the Department of Defense will plan for digital engineering personnel needs in the coming years. (b) Consideration The review conducted pursuant to subsection (a)(1) shall include consideration of the rapid rate of technological change in data science and machine learning. 5206. Rapid response to emergent technology advancements or threats (a) Authorities Upon approval by the Secretary of Defense of a determination described in subsection (b), the Secretary of a military department may use the rapid acquisition and funding authorities established pursuant to section 3601 of title 10, United States Code, to initiate urgent or emerging operational development activities for a period of up to one year, in order to— (1) leverage an emergent technological advancement of value to the national defense to address a military service-specific need; or (2) provide a rapid response to an emerging threat identified by a military service. (b) Determination A determination described in this subsection is a determination by the Secretary of a military department submitted in writing to the Secretary of Defense that provides the following: (1) Identification of a compelling urgent or emergency national security need to immediately initiate development activity in anticipation of a programming or budgeting action, in order to leverage an emergent technological advancement or provide a rapid response to an emerging threat. (2) Justification for why the effort cannot be delayed until the next submission of the budget of the President (under section 1105(a) of title 31, United States Code) without harming the national defense. (3) Funding is identified for the effort in the current fiscal year to initiative the activity. (4) An appropriate acquisition pathway and programmed funding for transition to continued development, integration, or sustainment is identified to on-ramp this activity within two years. (c) Additional procedures (1) In general Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall amend the procedures for the rapid acquisition and deployment of capabilities needed in response to urgent operational needs prescribed pursuant to such section 3601 to carry out this section. Such updated procedures shall be provided to the congressional defense committees concurrently with the promulgation to the rest of the Department of Defense. (2) Requirements to be included The procedures amended under paragraph (1) shall include the following requirements: (A) Funding (i) Subject to clause (ii), in any fiscal year in which a determination described in subsection (b) is made, the Secretary of the military department making the determination may initiate the activities authorized under subsection (a) using any funds available to the Secretary for such fiscal year for— (I) procurement; or (II) research, development, test, and evaluation. (ii) The total cost of all developmental activities within the Department of Defense, funded under this section, may not exceed $100,000,000 for any fiscal year. (B) Waiver authority (i) Subject to clause (ii), the Secretary of the military department making a determination under subsection (b) may issue a waiver under subsection (d) of such section 3601. (ii) Chapter 221 (C) Transition (i) Any acquisition initiated under subsection (a) shall transition to an appropriate acquisition pathway for transition and integration of the development activity, or be transitioned to a newly established program element or procurement line for completion of such activity. (ii) (I) Transition shall be completed within one year of initiation, but may be extended one time only at the discretion of the Secretary of the military department for one additional year. (II) In the event an extension determination is made under subclause (I), the affected Secretary of the military department shall submit to the congressional defense committees, not later than 30 days before the extension takes effect, written notification of the extension with a justification for the extension. (3) Submittal to Congress Concurrent with promulgation to the Department of the amendments to the procedures under paragraph (1), the Secretary shall submit to the congressional defense committees the procedures update by such amendments. (d) Congressional notification Within 15 days after the Secretary of Defense approves a determination described in subsection (b), the Secretary of the military department making the determination shall provide written notification of such determination to the congressional defense committees following the procedures for notification in subsections (c)(4)(D) and (c)(4)(F) of such section 3601. A notice under this subsection shall be sufficient to fulfill any requirement to provide notification to Congress for a new start program. LIII Operation and maintenance A Briefings and reports 5341. Report by Department of Defense on alternatives to burn pits Not later than 60 days after the date of the enactment of this Act, the Under Secretary of Defense for Acquisition and Sustainment shall submit to Congress a report on incinerators and waste-to-energy waste disposal alternatives to burn pits. LVI Compensation and other personnel benefits C Other matters 5631. Modifications to transitional compensation for dependents of members separated for dependent abuse (a) Covered punitive actions Subsection (b) of section 1059 of title 10, United States Code, is amended— (1) in paragraph (1)(B), by striking ; or (2) in paragraph (2), by striking the period at the end and inserting ; or (3) by adding at the end the following new paragraph: (3) who is— (A) convicted of a dependent-abuse offense in a district court of the United States or a State court; and (B) separated from active duty pursuant to a sentence of a court-martial, or administratively separated, voluntarily or involuntarily, from active duty, for an offense other than the dependent-abuse offense. . (b) Commencement of payment Subsection (e)(1) of such section is amended— (1) in subparagraph (A)— (A) in the matter preceding clause (i), by inserting after offense or an offense described in subsection (b)(3)(B) (B) in clause (ii), by striking ; and (2) in subparagraph (B), by striking (if the basis offense) (c) Definition of dependent child Subsection (l) of such section is amended, in the matter preceding paragraph (1)— (1) by striking resulting in the separation of the former member or referred to in subsection (b) or (2) by striking resulting in the separation of the former member and and (d) Delegation of determinations relating to exceptional eligibility Subsection (m)(4) of such section is amended to read as follows: (4) The Secretary concerned may delegate the authority under paragraph (1) to authorize eligibility for benefits under this section for dependents and former dependents of a member or former member to the first general or flag officer (or civilian equivalent) in the chain of command of the member. . 5632. Report on effect of phase-out of reduction of survivor benefit plan survivor annuities by amount of dependency and indemnity compensation (a) In general The Secretary of Defense shall submit to Congress a report on the effect of section 622 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 (b) Contents The report submitted pursuant to subsection (a) shall include the following: (1) An assessment on the effect that section 622 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 (2) An evaluation of the authority that the Secretary has in a situation when the Defense Finance Accounting Service cannot verify the eligibility of a spouse and payments are paused for the child. (3) Recommendations for legislative action to ensure the Secretary has the flexibility to make payments under subchapter II of chapter 73 (4) An assessment of the process of the Department for determining eligibility for survivor benefits under subchapter II of chapter 73 chapter 13 LVII Health care provisions A TRICARE and other health care benefits 5701. Expansion of eligibility for hearing aids to include children of certain retired members of the uniformed services Paragraph (16) of section 1077(a) of title 10, United States Code, is amended to read as follows: (16) Except as provided by subsection (g), a hearing aid, but only if the dependent has a profound hearing loss, as determined under standards prescribed in regulations by the Secretary of Defense in consultation with the administering Secretaries, and only for the following dependents: (A) A dependent of a member of the uniformed services on active duty. (B) A dependent under subparagraph (D) or (I) of section 1072(2) (i) is entitled to retired or retainer pay, or equivalent pay; and (ii) is enrolled in family coverage under TRICARE Prime. . B Health care administration 5711. Modification of requirement to transfer research and development and public health functions to Defense Health Agency Section 720(a) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 ( Public Law 117–263 10 U.S.C. 1073c February 1, 2024 February 1, 2025 C Reports and other matters 5721. Report on military mental health care referral policies (a) Report Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report— (1) detailing the mental health care referral policies of the Armed Forces; and (2) the impact of removing primary care referral requirements for outpatient mental health care on— (A) military readiness; (B) the uptake of outpatient mental health care services by members of the Armed Forces; and (C) suicide prevention. (b) Recommendations The report required by subsection (a) shall include recommendations and legislative proposals— (1) to improve resources and access for outpatient mental health care services by members of the Armed Forces; (2) to encourage the uptake of such services by such members; and (3) to maintain military readiness. 5722. Comptroller General study on biomedical research and development funded by Department of Defense (a) Study The Comptroller General of the United States shall conduct a study on the management by the Department of Defense of biomedical research and development funded by the Department, including a review of— (1) patents for drugs approved by the Food and Drug Administration that were supported with intramural or extramural funding from the Department; (2) requirements of the Department for how grant recipients, contractors, and labs of the Department should disclose support by the Department in patents generated with funding from the Department; and (3) the data systems of the Department for cataloging information about patents generated with funding from the Department. (b) Briefing Not later than March 31, 2024, the Comptroller General shall brief the Committees on Armed Services of the Senate and the House of Representatives on the study conducted under subsection (a). (c) Report Not later than one year after the date of the enactment of this Act, the Comptroller General shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the study conducted under subsection (a). 5723. Report on provision of mental health services via telehealth to members of the Armed Forces and their dependents Not later than March 31, 2024, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the provision by the Department of Defense of mental health services via telehealth that includes the following: (1) A summary of relevant Federal and State laws and policies of the Department governing the provision of mental health services via telehealth to members of the Armed Forces and their dependents. (2) An explanation of any challenges experienced by members of the Armed Forces and their dependents in receiving continuing care from a provider when assigned to a new State or location outside the United States. (3) An assessment of the value of receiving continuing care from the same mental health provider for various mental health conditions. (4) A description of how the Department accommodates members of the Armed Forces who would benefit from receiving continuing care from a specific mental health provider. (5) Such other matters as the Secretary considers relevant. 5724. Expansion of doula care furnished by Department of Defense The text of section 706 is hereby deemed to read as follows: 706 Expansion of doula care furnished by Department of Defense (a) Expansion of extramedical maternal health providers demonstration project 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 (1) by redesignating subsections (e) through (h) as subsections (f) through (i), respectively; and (2) by inserting after subsection (d) the following new subsection (e): (e) Coverage of doula care The Secretary may add coverage of labor doula care to the demonstration project, or reimbursement for such care, for all beneficiaries under the TRICARE program, including access— (1) by members of the Armed Forces on active duty; (2) by beneficiaries outside the continental United States; and (3) at military medical treatment facilities. . (b) Hiring of doulas The hiring authority for each military medical treatment facility may hire a team of doulas to work in coordination with lactation support personnel or labor and delivery units at such facility. . LVIII Acquisition policy, acquisition management, and related matters D Small business matters 5841. Competition of small business concerns for Department of Defense contracts (a) In general Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall issue guidance ensuring that covered small businesses are better able to compete for Department of Defense contracts. (b) Exemptions from capability requirements (1) Waiver authority The guidance issued under subsection (a) shall provide that the Department of Defense may waive capability requirements, including the waiver described in paragraph (2), to allow a covered small business that does not otherwise meet such requirements to bid on a contract, provided that it makes the certification described under paragraph (3). (2) Special consideration to provide interim access to classified information for Department of Defense contractors without security clearances Notwithstanding section 801 of the National Security Act of 1947 ( 50 U.S.C. 3161 (3) Certification requirement In order to qualify for a waiver under paragraph (1), a covered small business shall certify that it will be able to meet the exempted capability requirements within 180 days after the contract award date. The certification shall include a detailed project and financial plan outlining the tasks to be completed, milestones to be achieved, and resources required. (4) Monitoring and compliance (A) In general The contracting officer for a contract awarded pursuant to a waiver under paragraph (1) shall closely monitor the contract performance of the covered small business to ensure that sufficient progress is being made and that any issues that arise are promptly addressed. (B) Failure to meet capability requirements If a covered small business awarded a contract pursuant to a waiver under paragraph (1) fails to meet the requirements promised in the certification required under paragraph (3) within 180 days, the covered small business shall be subject to disqualification from consideration for future contracts of similar scope pursuant to Termination for Default (c) Covered small business defined In this section, the term covered small business (1) a nontraditional defense contractor, as that term is defined in section 3014 of title 10, United States Code; (2) a small business concern, as that term is defined in section 3(a) of the Small Business Act ( 15 U.S.C. 632(a) (3) any other contractor that has not been awarded a Department of Defense contract in the five-year period preceding the solicitation of sources by the Department of Defense. E Other matters 5851. Briefing on the redesignation of National Serial Number (NSN) parts as proprietary Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall provide a briefing to the congressional defense committees identifying which National Serial Number (NSN) parts in the Defense Logistics Agency system have had their designation changed to proprietary over the previous 5 years, including a description of which parts were, or continue to be, produced by small businesses before the proprietary designation was applied, and the justification for the changes in designation. LX Other matters D Counterterrorism 6031. Establishing a coordinator for countering Mexico's criminal cartels (a) In general Not later than 30 days after the date of the enactment of this Act, the President, in consultation with the Secretary of Defense, the Secretary of State, the Secretary of Homeland Security, the Attorney General, and the Secretary of the Treasury, shall designate an existing official within the executive branch to serve as senior-level coordinator to coordinate, in conjunction with other relevant agencies, all defense, diplomatic, intelligence, financial, and legal efforts to counter the drug- and human-trafficking activities of Mexico's criminal cartels. (b) Retention of authority The designation of a coordinator under subsection (a) shall not deprive any agency of any authority to independently perform functions of that agency. (c) Quarterly reports (1) In general Not later than 180 days after the date of the enactment of this Act, and every 90 days thereafter through January 31, 2029, the coordinator designated under subsection (a) shall submit to the appropriate committees of Congress a detailed report on the following: (A) Efforts taken during the previous quarter to bolster defense cooperation with the Government of Mexico against Mexico's criminal cartels, and any other activities of the Department of Defense with respect to countering the cartels, including in cooperation with the Government of Mexico or interagency partners. (B) Diplomatic efforts, including numbers of demarches and meetings, taken during the previous quarter to highlight and counter the human rights abuses of Mexico's criminal cartels, including human trafficking, sex trafficking, other exploitation of migrants, endangerment of children, and other abuses. (C) Diplomatic efforts taken during the previous quarter to improve cooperation with the Government of Mexico in countering Mexico's criminal cartels, and a detailed list and assessment of any actions that the Government of Mexico has taken during the previous quarter to counter the cartels. (D) Diplomatic efforts taken during the previous quarter to improve cooperation with partners and allies in countering Mexico’s criminal cartels. (E) Efforts taken during the previous quarter to bolster the screening process at ports of entry to prevent members and associates of Mexico's criminal cartels, and individuals who are working for the cartels, from entering or trafficking drugs, humans, and contraband into the United States. (F) Efforts taken during the previous quarter to encourage the Government of Mexico to improve its screening process along its own ports of entry in order to prevent illicit cash, weapons, and contraband that is destined for Mexico's criminal cartels from entering Mexico. (G) Efforts taken during the previous quarter to investigate and prosecute members and associates of Mexico's criminal cartels, including members and associates operating from within the United States. (H) Efforts taken during the previous quarter to encourage the Government of Mexico to increase its investigation and prosecution of leaders, members, and associates of Mexcio's criminal cartels within Mexico. (I) Efforts taken during the previous quarter to initiate or improve the sharing of intelligence with allies and partners, including the Government of Mexico, for the purpose of countering Mexico’s criminal cartels. (J) Efforts taken during the previous quarter to impose sanctions with respect to— (i) leaders, members, and associates of Mexico's criminal cartels; and (ii) any companies, banks, or other institutions that facilitate the cartels’ human-trafficking, drug-trafficking, and other criminal enterprises. (K) The total number of personnel and resources in the Department of Defense, the Department of State, the Department of Homeland Security, the Department of Justice, and the Department of the Treasury focused on countering Mexico's criminal cartels. (2) Form The report required by paragraph (1) shall be submitted in unclassified form, but may include a classified annex. (d) Definitions In this section: (1) Appropriate committees of Congress The term appropriate committees of Congress (A) the Committee on Armed Services, the Committee on Foreign Relations, the Committee on the Judiciary, the Committee on Homeland Security and Governmental Affairs, and the Committee on Banking, Housing, and Urban Affairs of the Senate; and (B) the Committee on Armed Services, the Committee on Foreign Affairs, the Committee on the Judiciary, the Committee on Homeland Security, and the Committee on Financial Services of the House of Representatives. (2) Mexico’s criminal cartels The term Mexico’s criminal cartels (A) Criminal organizations the operations of which include human-trafficking, drug-trafficking, and other types of smuggling operations across the southwest border of the United States and take place largely within Mexico, including the following: (i) The Sinaloa Cartel. (ii) The Jalisco New Generation Cartel. (iii) The Gulf Cartel. (iv) The Los Zetas Cartel. (v) The Northeast Cartel. (vi) The Juarez Cartel. (vii) The Tijuana Cartel. (viii) The Beltran-Leyva Cartel. (ix) The La Familia Michoacana, also known as the Knights Templar Cartel. (x) Las Moicas. (xi) La Empresa Nueva. (xii) MS–13. (xiii) The Medellin Cartel. (B) Any successor organization to an organization described in subparagraph (A). F Studies and reports 6051. Report on food purchasing by the Department of Defense 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 and make publicly available on the website of the Department of Defense a report on the following for each of fiscal years 2018, 2019, 2020, 2021, and 2022: (1) The total dollar amount spent by the Department of Defense on food service operations worldwide for all personnel, contractors, and families, including all food service provided at or through— (A) all facilities, such as combat operations, military posts, medical facilities; (B) all vessels (air, land, and sea); (C) all entertainment and hosting operations such as officers' clubs and other such facilities; and (D) all food programs provided to other Federal agencies, such as the Fresh Fruit and Vegetable Program of the Department of Agriculture and the Department of Defense. (2) The total dollar amount spent by the Department for each category described in paragraph (1). (3) The dollar amount spend by the Department for each of— (A) the 25 largest food service contractors or operators; and (B) the top 10 categories of food, such as meat and poultry, seafood, eggs, dairy product, produce (fruits, vegetables, and nuts), grains and legumes, and processed and packaged foods. (4) The percentage of all food purchased by the Department that was a product of the United States, pursuant to section 4862 of title 10, United States Code. (5) The dollar amount of third-party certified and verified foods (such as USDA Organic, Equitable Food Initiative, Fair Trade Certified, and other categories determined to be appropriate by the Secretary) purchased by the Department. (6) The dollar amount of contracts for food service, food, or food products entered into by the Department with woman-, minority-, and veteran-owned businesses. G Other matters 6071. Improvements to Department of Veterans Affairs-Department of Defense Joint Executive Committee (a) Short title This section may be cited as the Ensuring Interagency Cooperation to Support Veterans Act of 2023 (b) In general Section 320 of title 38, United States Code, is amended— (1) in subsection (a)— (A) in paragraph (2)— (i) in subparagraph (A), by striking ; and (ii) in subparagraph (B), by striking the period at the end and inserting a semicolon; and (iii) by adding at the end the following new subparagraphs: (C) the Assistant Secretary of Labor for Veterans' Employment and Training and such other officers and employees of the Department of Labor as the Secretary of Labor may designate; and (D) such officers and employees of other Executive agencies as the Secretary of Veterans Affairs and the Secretary of Defense jointly determine, with the consent of the heads of the Executive agencies of such officers and employees, necessary to carry out the goals and objectives of the Committee. ; (B) by adding at the end the following new paragraph: (3) The co-chairs of the Committee are the Deputy Secretary of Veterans Affairs and the Under Secretary of Defense for Personnel and Readiness. ; (2) in subsection (b)(2), by striking Job Training and Post-Service Placement Executive Committee Transition Executive Committee (3) in subsection (d), by adding at the end the following new paragraph: (6) Develop, implement, and oversee such other joint actions, initiatives, programs, and policies as the two Secretaries determine appropriate and consistent with the purpose of the Committee. ; and (4) in subsection (e)— (A) in the subsection heading, by striking Job Training and Post-Service Placement Transition (B) in the matter before paragraph (1)— (i) by striking Job Training and Post-Service Placement Transition (ii) by inserting , in addition to such other activities as may assigned to the committee under subsection (d)(6) shall (C) in paragraph (2), by inserting , transition from life in the Armed Forces to civilian life, job training 6072. Grave markers at Santa Fe National Cemetery, New Mexico (a) In general Section 612 of the Veterans Millennium Health Care and Benefits Act ( 38 U.S.C. 2404 Public Law 106–117 (b) Study required The Secretary of Veterans Affairs shall conduct a study on the cost to replace the flat grave markers that were provided under such section at the Santa Fe National Cemetery, New Mexico, with upright grave markers. 6073. Modification of compensation for members of the Afghanistan War Commission Section 1094(g)(1) of the National Defense Authorization Act for Fiscal Year 2022 ( Public Law 117–81 (1) Compensation of members (A) Non-Federal employees A member of the Commission who is not an officer or employee of the Federal Government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 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 Commission. (B) Federal employees (i) In general A member of the Commission who is an employee of the Federal Government may be compensated as provided for under subparagraph (a) for periods of time during which the member is engaged in the performance of the duties of the Commission that fall outside of ordinary agency working hours, as determined by the employing agency of such member. (ii) Rule of construction Nothing in this paragraph shall be construed to authorize dual pay for work performed on behalf of the Commission and for a Federal agency during the same hours of the same day. . 6074. Red Hill health impacts (a) Registry for impacted individuals of the Red Hill Incident (1) Establishment of registry The Secretary of Health and Human Services (referred to in this subsection as the Secretary (2) Other responsibilities (A) In general The Secretary, in coordination with the Director of the Centers for Disease Control and Prevention, and in consultation with the Secretary of Defense, the Secretary of Veterans Affairs, and such State and local authorities or other partners as the Secretary of Health and Human Services considers appropriate, shall— (i) review the Federal programs and services available to individuals exposed to petroleum; (ii) review current research on petroleum exposure in order to identify additional research needs; and (iii) undertake any other review or activities that the Secretary determines to be appropriate. (B) Report Not later than 1 year after the date of enactment of this Act, and annually thereafter for 6 additional years, the Secretary shall submit to the appropriate congressional committees a report on the review and activities undertaken under subparagraph (A) that includes— (i) strategies for communicating and engaging with stakeholders on the Red Hill Incident; (ii) the number of impacted and potentially impacted individuals enrolled in the registry established under paragraph (1); (iii) measures and frequency of follow-up to collect data and specimens related to exposure, health, and developmental milestones as appropriate; and (iv) a summary of data and analyses on exposure, health, and developmental milestones for impacted individuals. (C) Consultation In carrying out subparagraphs (A) and (B), the Secretary shall consult with non-Federal experts, including individuals with certification in epidemiology, toxicology, mental health, pediatrics, and environmental health, and members of the impacted community. (3) Funding Without regard to section 2215 of title 10, United States Code, the Secretary of the Defense is authorized to provide, from amounts made available to such Secretary, such sums as may be necessary for each of fiscal years 2024 through 2030 for the Secretary of Health and Human Services to carry out this subsection. (b) Red Hill epidemiological health outcomes study (1) Contracts The Secretary of Health and Human Services may contract with independent research institutes or consultants, nonprofit or public entities, laboratories, or medical schools, as the Secretary considers appropriate, that are not part of the Federal Government to assist with the feasibility assessment required by paragraph (2). (2) Feasibility assessment Not later than one year after the date of the enactment of this Act, the Secretary of Health and Human Services shall submit to the appropriate congressional committees the results of a feasibility assessment to inform the design of the epidemiological study or studies to assess health outcomes for impacted individuals, which may include— (A) a strategy to recruit impacted individuals to participate in the study or studies, including incentives for participation; (B) a description of protocols and methodologies to assess health outcomes from the Red Hill Incident, including data management protocols to secure the privacy and security of the personal information of impacted individuals; and (C) the periodicity for data collection that takes into account the differences between health care practices among impacted individuals who are— (i) members of the Armed Forces on active duty or spouses or dependents of such members; (ii) members of the Armed Forces separating from active duty or spouses or dependents of such members; (iii) veterans and other individuals with access to health care from the Department of Veterans Affairs; and (iv) individuals without access to health care from the Department of Defense or the Department of Veterans Affairs; (D) a description of methodologies to analyze data received from the study or studies to determine possible connections between exposure to water contaminated during the Red Hill Incident and adverse impacts to the health of impacted individuals; (E) an identification of exposures resulting from the Red Hill Incident that may qualify individuals to be eligible for participation in the study or studies as a result of those exposures; and (F) steps that will be taken to provide individuals impacted by the Red Hill Incident with information on available resources and services. (3) Notifications; briefings Not later than one year after the completion of the feasibility assessment under paragraph (2), the Secretary of Health and Human Services shall— (A) notify impacted individuals on the interim findings of the study or studies; and (B) brief the appropriate congressional committees on the interim findings of the study or studies. (c) Definitions In this section: (1) Appropriate congressional committees The term appropriate congressional committees (A) the Committee on Health, Education, Labor, and Pensions of the Senate; (B) the Committee on Armed Services and the Subcommittee on Defense of the Committee on Appropriations of the Senate; (C) the Committee on Veterans’ Affairs of the Senate; (D) the Committee on Energy and Commerce of the House of Representatives; (E) the Committee on Armed Services and the Subcommittee on Defense of the Committee on Appropriations of the House of Representatives; and (F) the Committee on Veterans’ Affairs of the House of Representatives. (2) Impacted individual The term impacted individual (3) Red Hill Incident The term Red Hill Incident 6075. Permanent authorization of Undetectable Firearms Act of 1988 Section 2(f) of the Undetectable Firearms Act of 1988 ( 18 U.S.C. 922 Public Law 100–649 (1) by striking Effective date and sunset provision This Act and the amendments Effective date (2) by striking paragraph (2). 6076. Sense of Congress on the importance of non-governmental recognition of military enlistees to improve community support for military recruitment (a) Sense of Congress It is the sense of Congress that— (1) publicly honoring and recognizing the young men and women who upon graduation from high-school enlist to serve in the Armed Forces is a meaningful way to indicate national and local support for those enlistees prior to initial accession training, express gratitude to their families, and enhance the partnerships between military recruiters and high school administrators and guidance counselors; (2) the intrinsic value of these community ceremonies should be formally recognized by the Office of the Secretary of Defense and the various military service recruiting commands; and (3) to the extent practicable, an appropriate level of joint military service support should be provided at these events, to include general officer and senior enlisted adviser participation, ceremonial unit involvement, musical support, and local recruiter presence. (b) Briefing Not later than March 23, 2024, the Secretary of Defense shall brief the congressional defense committees on the extent of Department of Defense and military service coordination and support rendered for the recognition events described in subsection (a), which are executed at no cost to the Federal Government under the independent, national direction of the Our Community Salutes 6077. Adjustment of threshold amount for minor medical facility projects of Department of Veterans Affairs (a) Short title This section may be cited as the Department of Veterans Affairs Minor Construction Threshold Adjustment Act of 2023 (b) Adjustment of threshold amount Section 8104(a) of title 38, United States Code, is amended— (1) in paragraph (3)(A), by striking $20,000,000 the amount specified in paragraph (4) (2) by adding at the end the following new paragraph: (4) (A) The amount specified in this paragraph is $30,000,000, as adjusted pursuant to this paragraph. (B) (i) The Secretary shall develop, through regulations, a mechanism to adjust the amount under subparagraph (A) to account for relevant factors relating to construction, cost of land, real estate, economic conditions, labor conditions, inflation, and other relevant factors the Secretary considers necessary to ensure such amount keeps pace with all economic conditions that impact the price of construction projects, to include planning, management, and delivery of the project. (ii) In developing the mechanism under clause (i), the Secretary may— (I) use a mechanism or index already relied upon by the Department for other relevant programs, a mechanism or index used by another Federal agency, or a commercial mechanism or index if such mechanism or index satisfactorily addresses the intent of this subparagraph; or (II) create a new mechanism or index if the Secretary considers it appropriate and necessary to do so. (C) (i) Not less frequently than once every two years, the Secretary shall— (I) adjust the amount under subparagraph (A); or (II) publish a notice in the Federal Register indicating that no adjustment is warranted. (ii) Not later than 30 days before adjusting an amount pursuant to clause (i)(I) or publishing a notice pursuant to clause (i)(II), the Secretary shall notify the Committee on Veterans’ Affairs and the Committee on Appropriations of the Senate and the Committee on Veterans’ Affairs and the Committee on Appropriations of the House of Representatives. (D) The Secretary shall determine a logical schedule for adjustments under this paragraph to take effect so that the amounts for and types of construction projects requested by the Department in the budget of the President under section 1105(a) of title 31 are consistent with the threshold for construction projects as so adjusted. . 6078. Designation of National Museum of the Mighty Eighth Air Force (a) Designation The National Museum of the Mighty Eighth Air Force located at 175 Bourne Avenue, Pooler, Georgia (or any successor location), is designated as the official National Museum of the Mighty Eighth Air Force of the United States (referred to in this section as the National Museum (b) Relation to National Park System The National Museum shall not be included as a unit of the National Park System. (c) Rule of construction This section shall not be construed to appropriate, or authorize the appropriation of, Federal funds for any purpose related to the National Museum. 6079. Revision of requirement for transfer of certain aircraft to State of California for wildfire suppression purposes (a) Transfer of excess Coast Guard HC–130H aircraft (1) Transfer to State of California If the Governor of the State of California submits to the Secretary of Homeland Security a written request to acquire, pursuant to this section, the Federal property described in this paragraph, the Secretary of Homeland Security shall transfer to the State of California without reimbursement— (A) all right, title, and interest of the United States in and to the seven HC–130H aircraft specified in paragraph (2); and (B) initial spares (calculated based on shelf stock support for seven HC–130H aircraft each flying 400 hours each year) and necessary ground support equipment for such aircraft. (2) Aircraft specified The aircraft specified in this paragraph are the HC–130H Coast Guard aircraft with serial numbers 1706, 1708, 1709, 1713, 1714, 1719, and 1721. (3) Timing; failure to submit request (A) In general The transfers under paragraph (1) shall be made as soon as practicable after the date on which the Secretary of Homeland Security receives a request under such paragraph. (B) Failure to submit request If the Governor of the State of California fails to submit a request under paragraph (1) before the date that is 120 days after the date of the enactment of this Act— (i) paragraph (1) shall have no force or effect; and (ii) the Secretary of Homeland Security may retain title and disposition of the Federal property described in paragraph (1). (4) Modifications (A) In general Except as provided in subparagraph (B), the transfers under paragraph (1) may be carried out without further modifications by the United States to the aircraft transferred under such paragraph. (B) Demilitarized Before an aircraft may be transferred under paragraph (1), the aircraft shall be demilitarized as determined necessary by the Secretary of Homeland Security. (b) Conditions of transfer Aircraft transferred to the State of California under subsection (a)(1)— (1) may be used only for wildfire suppression purposes; (2) may not be flown outside of, or otherwise removed from, the United States unless dispatched by the National Interagency Fire Center in support of an international agreement to assist in wildfire suppression efforts or for other disaster-related response purposes approved by the Governor of the State of California in writing in advance; (3) may be used for wildfire suppression purposes only after the aircraft is modified to conform with the standards and requirements for firefighting aircraft set forth by the National Interagency Aviation Committee and the Interagency Airtanker Board; and (4) may only be disposed of by the State of California pursuant to the statutes and regulations governing disposal of aircraft provided to the State of California through the Federal Excess Personal Property Program. (c) Transfer of residual kits and parts held by Air Force The Secretary of the Air Force may transfer to the State of California, without reimbursement, any residual kits and parts held by the Secretary of the Air Force that were procured in anticipation of the transfer to the Secretary of the Air Force of the aircraft specified in subsection (a)(2). (d) Costs after transfer Any costs of operation, maintenance, sustainment, and disposal of aircraft, initial spares, and ground support equipment transferred to the Governor of the State of California under this section that are incurred after the date of transfer shall be borne by the Governor of the State of California. (e) Conforming amendments (1) Section 1098 of Fiscal Year 2014 NDAA Section 1098 of the National Defense Authorization Act for Fiscal Year 2014 ( Public Law 113–66 Public Law 115–232 (A) by striking subsection (a); (B) in subsection (b)(1), in the matter preceding subparagraph (A), by striking and subject to the certification requirement under subsection (f), (C) in subsection (c), by striking or the Governor of California (D) in subsection (e), in the matter preceding paragraph (1)— (i) by striking Promptly following the completion of the certification requirement under subsection (f) and notwithstanding Notwithstanding (ii) by striking begin (E) by striking subsection (f). (2) Section 1083 of Fiscal Year 2019 NDAA Section 1083 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 6080. Extension of active duty term for Attending Physician at United States Capitol The present incumbent Attending Physician at the United States Capitol shall be continued on active duty until 10 years after the date of the enactment of this Act. 6081. Disclosures by directors, officers, and principal stockholders (a) In general Section 16(a)(1) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78p(a)(1) (including any such security of a foreign private issuer, as that term is defined in section 240.3b–4 of title 17, Code of Federal Regulations, or any successor regulation) pursuant to section 12 (b) Effect on regulation If any provision of section 240.3a12–3(b) of title 17, Code of Federal Regulations, or any successor regulation, is inconsistent with the amendment made by subsection (a), that provision of such section 240.3a12–3(b) (or such successor) shall have no force or effect. (c) Issuance or amendment of regulations Not later than 90 days after the date of enactment of this Act, the Securities and Exchange Commission shall issue final regulations (or amend existing regulations of the Commission) to carry out the amendment made by subsection (a). 6082. Preventing Child Sex Abuse (a) Short title This section may be cited as the Preventing Child Sex Abuse Act of 2023 (b) Sense of Congress The sense of Congress is the following: (1) The safety of children should be a top priority for public officials and communities in the United States. (2) According to the Rape, Abuse & Incest National Network, an individual in the United States is sexually assaulted every 68 seconds. And every 9 minutes, that victim is a child. Meanwhile, only 25 out of every 1,000 perpetrators will end up in prison. (3) The effects of child sexual abuse can be long-lasting and affect the victim’s mental health. (4) Victims are more likely than non-victims to experience the following mental health challenges: (A) Victims are about 4 times more likely to develop symptoms of drug abuse. (B) Victims are about 4 times more likely to experience post-traumatic stress disorder as adults. (C) Victims are about 3 times more likely to experience a major depressive episode as adults. (5) The criminal justice system should and has acted as an important line of defense to protect children and hold perpetrators accountable. (6) However, the horrific crimes perpetuated by Larry Nassar demonstrate firsthand the loopholes that still exist in the criminal justice system. While Larry Nassar was found guilty of several State-level offenses, he was not charged federally for his illicit sexual contact with minors, despite crossing State and international borders to commit this conduct. (7) The Department of Justice has also identified a growing trend of Americans who use charitable or missionary work in a foreign country as a cover for sexual abuse of children. (8) It is the intent of Congress to prohibit Americans from engaging in sexual abuse or exploitation of minors under the guise of work, including volunteer work, with an organization that affects interstate or foreign commerce, such as an international charity. (9) Federal law does not require that an abuser’s intention to engage in sexual abuse be a primary, significant, dominant, or motivating purpose of the travel. (10) Child sexual abuse does not require physical contact between the abuser and the child. This is especially true as perpetrators turn increasingly to internet platforms, online chat rooms, and webcams to commit child sexual abuse. (11) However, a decision of the United States Court of Appeals for the Seventh Circuit found the use of a webcam to engage in sexually provocative activity with a minor did not qualify as sexual activity (12) Congress can address this issue by amending the definition of the term sexual activity (13) It is the duty of Congress to provide clearer guidance to ensure that those who commit crimes against children are prosecuted to the fullest extent of the law. (c) Interstate child sexual abuse Section 2423 of title 18, United States Code, is amended— (1) in subsection (b), by striking with a motivating purpose of engaging in any illicit sexual conduct with another person with intent to engage in any illicit sexual conduct with another person (2) by redesignating subsections (d), (e), (f), and (g) as subsections (e), (f), (g), and (i), respectively; (3) in subsection (e), as so redesignated, by striking with a motivating purpose of engaging in any illicit sexual conduct with intent to engage in any illicit sexual conduct (4) by inserting after subsection (g), as so redesignated, the following: (h) Rule of construction As used in this section, the term intent . (d) Abuse under the guise of charity Section 2423 of title 18, United States Code, as amended by subsection (c) of this section, is amended— (1) by inserting after subsection (c) the following: (d) Illicit sexual conduct in connection with certain organizations Any citizen of the United States or alien admitted for permanent residence who— (1) is an officer, director, employee, or agent of an organization that affects interstate or foreign commerce; (2) makes use of the mails or any means or instrumentality of interstate or foreign commerce through the connection or affiliation of the person with such organization; and (3) commits an act in furtherance of illicit sexual conduct through the connection or affiliation of the person with such organization, shall be fined under this title, imprisoned for not more than 30 years, or both. ; (2) in subsection (f), as so redesignated, by striking or (d) (d), or (e) (3) in subsection (i), as so redesignated, by striking (f)(2) (g)(2) (e) Sexual activity with minors Section 2427 of title 18, United States Code, is amended by inserting does not require interpersonal physical contact, and includes 6083. Senate National Security Working Group (a) In general Section 21 of Senate Resolution 64 (113th Congress), agreed to March 5, 2013, is amended by striking subsection (d). (b) Effective date The amendment made by subsection (a) shall take effect as though enacted on December 31, 2022. 6084. Recognition as corporation and grant of Federal charter for National American Indian Veterans, Incorporated (a) In general Part B of subtitle II of title 36, United States Code, is amended by inserting after chapter 1503 the following: 1504 National American Indian Veterans, Incorporated Sec. 150401. Organization. 150402. Purposes. 150403. Membership. 150404. Board of directors. 150405. Officers. 150406. Nondiscrimination. 150407. Powers. 150408. Exclusive right to name, seals, emblems, and badges. 150409. Restrictions. 150410. Duty to maintain tax-exempt status. 150411. Records and inspection. 150412. Service of process. 150413. Liability for acts of officers and agents. 150414. Failure to comply with requirements. 150415. Annual report. 150401 Organization The National American Indian Veterans, Incorporated, a nonprofit corporation organized in the United States (referred to in this chapter as the corporation 150402. Purposes The purposes of the corporation are those stated in the articles of incorporation, constitution, and bylaws of the corporation, and include a commitment— (1) to uphold and defend the Constitution of the United States while respecting the sovereignty of the American Indian Nations; (2) to unite under one body all American Indian veterans who served in the Armed Forces of United States; (3) to be an advocate on behalf of all American Indian veterans without regard to whether they served during times of peace, conflict, or war; (4) to promote social welfare (including educational, economic, social, physical, and cultural values and traditional healing) in the United States by encouraging the growth and development, readjustment, self-respect, self-confidence, contributions, and self-identity of American Indian veterans; (5) to serve as an advocate for the needs of American Indian veterans and their families and survivors in their dealings with all Federal and State government agencies; (6) to promote, support, and utilize research, on a nonpartisan basis, pertaining to the relationship between American Indian veterans and American society; and (7) to provide technical assistance to the Bureau of Indian Affairs regional areas that are not served by any veterans committee or organization or program by— (A) providing outreach service to Indian Tribes in need; and (B) training and educating Tribal Veterans Service Officers for Indian Tribes in need. 150403. Membership Subject to section 150406, eligibility for membership in the corporation, and the rights and privileges of members, shall be as provided in the constitution and bylaws of the corporation. 150404. Board of directors Subject to section 150406, the board of directors of the corporation, and the responsibilities of the board, shall be as provided in the constitution and bylaws of the corporation and in conformity with the laws under which the corporation is incorporated. 150405. Officers Subject to section 150406, the officers of the corporation, and the election of such officers, shall be as provided in the constitution and bylaws of the corporation and in conformity with the laws of the jurisdiction under which the corporation is incorporated. 150406. Nondiscrimination In establishing the conditions of membership in the corporation, and in determining the requirements for serving on the board of directors or as an officer of the corporation, the corporation may not discriminate on the basis of race, color, religion, sex, national origin, handicap, or age. 150407. Powers The corporation shall have only those powers granted the corporation through its articles of incorporation, constitution, and bylaws, which shall conform to the laws of the jurisdiction under which the corporation is incorporated. 150408. Exclusive right to name, seals, emblems, and badges (a) In general The corporation shall have the sole and exclusive right to use the names National American Indian Veterans, Incorporated National American Indian Veterans (b) Effect Nothing in this section interferes or conflicts with any established or vested rights. 150409. Restrictions (a) Stock and dividends The corporation may not— (1) issue any shares of stock; or (2) declare or pay any dividends. (b) Distribution of income or assets (1) In general The income or assets of the corporation may not— (A) inure to any person who is a member, officer, or director of the corporation; or (B) be distributed to any such person during the life of the charter granted by this chapter. (2) Effect Nothing in this subsection prevents the payment of reasonable compensation to the officers of the corporation, or reimbursement for actual and necessary expenses, in amounts approved by the board of directors. (c) Loans The corporation may not make any loan to any officer, director, member, or employee of the corporation. (d) No federal endorsement The corporation may not claim congressional approval or Federal Government authority by virtue of the charter granted by this chapter for any of the activities of the corporation. 150410. Duty to maintain tax-exempt status The corporation shall maintain its status as an organization exempt from taxation under the Internal Revenue Code of 1986. 150411. Records and inspection (a) Records The corporation shall keep— (1) correct and complete books and records of accounts; (2) minutes of any proceeding of the corporation involving any of member of the corporation, the board of directors, or any committee having authority under the board of directors; and (3) at the principal office of the corporation, a record of the names and addresses of all members of the corporation having the right to vote. (b) Inspection (1) In general All books and records of the corporation may be inspected by any member having the right to vote, or by any agent or attorney of such a member, for any proper purpose, at any reasonable time. (2) Effect Nothing in this section contravenes— (A) the laws of the jurisdiction under which the corporation is incorporated; or (B) the laws of those jurisdictions within the United States and its territories within which the corporation carries out activities in furtherance of the purposes of the corporation. 150412. Service of process With respect to service of process, the corporation shall comply with the laws of— (1) the jurisdiction under which the corporation is incorporated; and (2) those jurisdictions within the United States and its territories within which the corporation carries out activities in furtherance of the purposes of the corporation. 150413. Liability for acts of officers and agents The corporation shall be liable for the acts of the officers and agents of the corporation acting within the scope of their authority. 150414. Failure to comply with requirements If the corporation fails to comply with any of the requirements of this chapter, including the requirement under section 150410 to maintain its status as an organization exempt from taxation, the charter granted by this chapter shall expire. 150415. Annual report (a) In general The corporation shall submit to Congress an annual report describing the activities of the corporation during the preceding fiscal year. (b) Submittal date Each annual report under this section shall be submitted at the same time as the report of the audit of the corporation required by section 10101(b). (c) Report not public document No annual report under this section shall be printed as a public document. . (b) Clerical amendment The table of chapters for subtitle II of title 36, United States Code, is amended by inserting after the item relating to chapter 1503 the following: 1504. National American Indian Veterans, Incorporated 150401 . H Granting Recognition to Accomplished Talented Employees for Unwavering Loyalty Act 6091. Short title This subtitle may be cited as the Granting Recognition to Accomplished Talented Employees for Unwavering Loyalty Act GRATEFUL Act 6092. Findings; sense of Congress (a) Findings Congress makes the following findings: (1) In 1952, with the enactment of the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. Government Employee Immigrant Visa program (2) For 71 years, the Government Employee Immigrant Visa program has allowed foreign nationals with at least 15 years of exceptional service to the United States to immigrate to the United States with their families. (3) Such foreign national employees of the United States Government are the bulwark of United States foreign policy, risking their lives year after year through civil unrest, terrorism, natural disasters, and war. (4) The work of such foreign nationals— (A) ensures the safety and well-being of United States citizens; (B) provides security and logistics for visiting delegations; and (C) supports United States Government operations abroad. (5) Such foreign nationals include employees of the Department of State, the United States Agency for International Development, the Department of Defense, the Department of Homeland Security, the Department of Justice, the Department of Commerce, and the Department of Agriculture. (b) Sense of Congress It is the sense of Congress that the United States should preserve the immigrant visa program for foreign nationals who are employees of the United States Government abroad or of the American Institute in Taiwan, and who have provided exceptional service over a long term to the United States, by providing a dedicated allocation of visas for such employees and their immediate family members when visas are not immediately available in the corresponding visa category. 6093. Visa availability for Government Employee Immigrant Visa program (a) In general Beginning in fiscal year 2024, subject to subsection (b), visas shall be made available to a special immigrant described in section 101(a)(27)(D) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(27)(D) 8 U.S.C. 1153(b)(4) (b) Numerical limitations (1) Fiscal year 2024 For fiscal year 2024, not more than 3,500 visas shall be made available under subsection (a). (2) Subsequent fiscal years For fiscal year 2025 and each fiscal year thereafter, not more than 3,000 visas shall be made available under subsection (a). (c) Temporary reduction in diversity visas Section 203(d)(2) of the Nicaraguan Adjustment and Central America Relief Act ( 8 U.S.C. 1151 Public Law 105–100 (1) by amending paragraph (2) to read as follows: (2) In no case shall the reduction under paragraph (1) for a fiscal year exceed the amount by which— (A) the sum of— (i) one-half of the total number of individuals described in subclauses (I), (II), (III), and (IV) of section 309(c)(5)(C)(i) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1101 Public Law 104–208 Public Law 105–100 8 U.S.C. 1255 (ii) the total number of individuals described in section 101(a)(27)(D) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(27)(D) Granting Recognition to Accomplished Talented Employees for Unwavering Loyalty Act (B) the total of the reductions in available visas under this subsection for all previous fiscal years. ; and (2) by adding at the end the following: (3) (A) Paragraph (1) shall not apply in a fiscal year following a fiscal year for which the total number of aliens described in subparagraph (B) is zero. (B) For a fiscal year, the total number of aliens described in this subparagraph is the total number of individuals described in section 101(a)(27)(D) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(27)(D) Granting Recognition to Accomplished Talented Employees for Unwavering Loyalty Act (C) Nothing in this paragraph may be construed— (i) to repeal, modify, or render permanently inapplicable paragraph (1); or (ii) to prevent the offsetting of the number of visas described in that paragraph for the purpose of providing visa availability for aliens described in subparagraph (B). (4) In the event that the number of visas available for a fiscal year under section 201(e) of the Immigration and Nationality Act ( 8 U.S.C. 1151(e) Granting Recognition to Accomplished Talented Employees for Unwavering Loyalty Act . (d) Rule of construction Nothing in this section or the amendments made by this section may be construed to modify the number of visas available under section 203(b)(4) of the Immigration and Nationality Act ( 8 U.S.C. 1153(b)(4) 8 U.S.C. 1101(a)(27)(D) I Additional matters relating to artificial intelligence 6096. Report on artificial intelligence regulation in financial services industry (a) In general Not later than 90 days after the date of enactment of this Act, each of the Board of Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation, the Office of the Comptroller of the Currency, the National Credit Union Administration, and the Bureau of Consumer Financial Protection shall submit to the Committee on Banking, Housing and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives a report on its gap in knowledge relating to artificial intelligence, including an analysis on— (1) which tasks are most frequently being assisted or completed with artificial intelligence in the institutions the agency regulates; (2) current governance standards in place for artificial intelligence use at the agency and current standards in place for artificial intelligence oversight by the agency; (3) potentially additional regulatory authorities required by the agency to continue to successfully execute its mission; (4) where artificial intelligence may lead to overlapping regulatory issues between agencies that require clarification; (5) how the agency is currently using artificial intelligence, how the agency plans to use such artificial intelligence the next 3 years, and the expected impact, including fiscal and staffing, of those plans; and (6) what resources, monetary or other resources, if any, the agency requires to both adapt to the changes that artificial intelligence will bring to the regulatory landscape and to adequately adopt and oversee the use of artificial intelligence across its operations described in paragraph (5). (b) Rule of construction Nothing in this section may be construed to require an agency to include confidential supervisory information or pre-decisional or deliberative non-public information in a report under this section. 6097. Artificial intelligence bug bounty programs (a) Program for foundational artificial intelligence products being incorporated by Department of Defense (1) Development required Not later than 180 days after the date of the enactment of this Act and subject to the availability of appropriations, the Chief Data and Artificial Intelligence Officer of the Department of Defense shall develop a bug bounty program for foundational artificial intelligence models being integrated into Department of Defense missions and operations. (2) Collaboration In developing the program required by paragraph (1), the Chief may collaborate with the heads of other government agencies that have expertise in cybersecurity and artificial intelligence. (3) Implementation authorized The Chief may carry out the program developed pursuant to subsection (a). (4) Contracts The Secretary of Defense shall ensure, as may be appropriate, that whenever the Department of Defense enters into any contract, the contract allows for participation in the bug bounty program developed pursuant to paragraph (1). (5) Rule of construction Nothing in this subsection shall be construed to require— (A) the use of any foundational artificial intelligence model; or (B) the implementation of the program developed pursuant to paragraph (1) in order for the Department to incorporate a foundational artificial intelligence model. (b) Briefing Not later than one year after the date of the enactment of this Act, the Chief shall provide the congressional defense committees a briefing on— (1) the development and implementation of bug bounty programs the Chief considers relevant to the matters covered by this section; and (2) long-term plans of the Chief with respect to such bug bounty programs. (c) Definition of foundational artificial intelligence model In this section, the term foundational artificial intelligence model 6098. Vulnerability analysis study for artificial intelligence-enabled military applications (a) Study required Not later than one year after the date of the enactment of this Act, the Chief Digital and Artificial Intelligence Officer (CDAO) of the Department of Defense shall complete a study analyzing the vulnerabilities to the privacy, security, and accuracy of, and capacity to assess, artificial intelligence-enabled military applications, as well as research and development needs for such applications. (b) Elements The study required by subsection (a) shall cover the following: (1) Research and development needs and transition pathways to advance explainable and interpretable artificial intelligence-enabled military applications, including the capability to assess the underlying algorithms and data models of such applications. (2) Assessing the potential risks to the privacy, security, and accuracy of underlying architectures and algorithms of artificial intelligence-enabled military applications, including the following: (A) Individual foundational artificial intelligence models, including the adequacy of existing testing, training, and auditing for such models to ensure models can be properly assessed over time. (B) The interactions of multiple artificial intelligence-enabled military applications, and the ability to detect and assess new, complex, and emergent behavior amongst individual agents, as well as the collective impact, including how such changes may affect risk to privacy, security, and accuracy over time. (C) The impact of increased agency in artificial intelligence-enabled military applications and how such increased agency may affect the ability to detect and assess new, complex, and emergent behavior, as well risks to the privacy, security, and accuracy of such applications over time. (3) Assessing the survivability and traceability of decision support systems that are integrated with artificial intelligence-enabled military applications and used in a contested environment, including— (A) potential benefits and risks to Department of Defense missions and operations of implementing such applications; and (B) other technical or operational constraints to ensure such decision support systems that are integrated with artificial intelligence-enabled military applications are able to adhere to the Department of Defense Ethical Principles for Artificial Intelligence. (4) Identification of existing artificial intelligence metrics, developmental, testing and audit capabilities, personnel, and infrastructure within the Department of Defense, including test and evaluation facilities, needed to enable ongoing identification and assessment under paragraphs (1) through (3), and other factors such as— (A) implications for deterrence systems based on systems warfare; and (B) vulnerability to systems confrontation on the system and system-of-systems level. (5) Identification of gaps or research needs to sufficiently respond to the elements outlined in this subsection that are not currently, or not sufficiently, funded within the Department of Defense. (c) Coordination In carrying out the study required by subsection (a), the Chief Digital and Artificial Intelligence Officer shall coordinate with the following: (1) The Director of the Defense Advanced Research Projects Agency (DARPA). (2) The Under Secretary of Defense for Research and Evaluation. (3) The Under Secretary of Defense for Policy. (4) The Director for Operational Test and Evaluation (DOT&E) of the Department. (5) As the Chief Digital and Artificial Intelligence Officer considers appropriate, the following: (A) The Secretary of Energy. (B) The Director of the National Institute of Standards and Technology. (C) The Director of the National Science Foundation. (D) The head of the National Artificial Intelligence Initiative Office of the Office of Science and Technology Policy. (E) Members and representatives of industry. (F) Members and representatives of academia. (d) Interim briefing Not later than 180 days after the date of the enactment of this Act, the Chief Digital and Artificial Intelligence Officer shall provide the congressional defense committees a briefing on the interim findings of the Chief Digital and Artificial Intelligence Officer with respect to the study being conducted pursuant to subsection (a). (e) Final report (1) In general Not later than one year after the date of the enactment of this Act, the Chief Digital and Artificial Intelligence Officer shall submit to the congressional defense committees a final report on the findings of the Chief Digital and Artificial Intelligence Officer with respect to the study conducted pursuant to subsection (a). (2) Form The final report submitted pursuant to paragraph (1) shall be submitted in unclassified for, but may include a classified annex. (f) Definition of foundational artificial intelligence model In this section, the term foundational artificial intelligence model 6099. Report on data sharing and coordination (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 ways to improve data sharing, interoperability, and quality, as may be appropriate, across the Department of Defense. (b) Contents The report submitted pursuant to subsection (a) shall include the following: (1) A description of policies, practices, and cultural barriers that impede data sharing and interoperability, and lead to data quality issues, among components of the Department. (2) The impact a lack of appropriate levels of data sharing, interoperability, and quality has on Departmental collaboration, efficiency, interoperability, and joint-decisionmaking. (3) A review of current efforts to promote appropriate data sharing, including to centralize data management, such as the ADVANA program. (4) A description of near-, mid-, and long-term efforts that the Office of the Secretary of Defense plans to implement to promote data sharing and interoperability, including efforts to improve data quality. (5) A detailed plan to implement a data sharing and interoperability strategy that supports effective development and employment of artificial intelligence-enabled military applications. (6) A detailed assessment of the implementation of the Department of Defense Data Strategy issued in 2020, as well as the use of data decrees to improve management rigor in the Department when it comes to data sharing and interoperability. (7) Any recommendations for Congress with respect to assisting the Department in these efforts. LXII Matters relating to foreign nations C Matters relating to Europe and the Russian Federation 6231. Black Sea security and development strategy (a) Short title This section may be cited as the Black Sea Security Act of 2023 (b) Sense of Congress on Black Sea security It is the sense of Congress that— (1) it is in the interest of the United States to support efforts to prevent the spread of further armed conflict in Europe by recognizing the Black Sea region as an arena of Russian aggression; (2) littoral states of the Black Sea are critical in countering aggression by the Government of the Russian Federation and contributing to the collective security of NATO; (3) the repeated, illegal, unprovoked, and violent attempts of the Russian Federation to expand its territory and control access to the Mediterranean Sea through the Black Sea constitutes a threat to the national security of the United States and NATO; (4) the United States condemns attempts by the Russian Federation to change or alter boundaries in the Black Sea region by force or any means contrary to international law and to impose a sphere of influence across the region; (5) the United States condemns Russia’s illegitimate territorial claims, including those on the Crimean Peninsula, along Ukraine’s territorial waters in the Black Sea and the Sea of Azov, in the Black Sea’s international waters, and in the territories it is illegally occupying in Ukraine; (6) the United States should continue to work within NATO and with NATO allies to develop a long-term strategy to enhance security, establish a permanent, sustainable presence along NATO's eastern flank, and bolster the democratic resilience of its allies and partners in the region; (7) the United States should consider whether it should work within NATO and with NATO allies to develop a regular, rotational maritime presence in the Black Sea; (8) the United States should work with the European Union on coordinating a strategy to support democratic initiatives and economic prosperity in the region, which includes 2 European Union members and 4 European Union aspirant nations; (9) the United States should work to foster dialogue among countries within the Black Sea region to improve communication and intelligence sharing and increase cyber defense capabilities; (10) countries with historic and economic ties to Russia are looking to the United States and Europe to provide a positive economic presence in the broader region as a counterbalance to the Russian Federation’s malign influence in the region; (11) it is in the interest of the United States to support and bolster the economic ties between the United States and Black Sea states; (12) the United States should support the initiative undertaken by central and eastern European states to advance the Three Seas Initiative Fund to strengthen transport, energy, and digital infrastructure connectivity in the region between the Adriatic Sea, Baltic Sea, and Black Sea; (13) there are mutually beneficial opportunities for increased investment and economic expansion, particularly on energy and transport infrastructure initiatives, between the United States and Black Sea states and the broader region; (14) improved economic ties between the United States and the Black Sea states and the broader region can lead to a strengthened strategic partnership; (15) the United States must seek to address the food security challenges arising from disruption of Ukraine’s Black Sea and Azov Sea ports, as this global challenge will have critical national security implications for the United States, our partners, and allies; (16) Turkey, in coordination with the United Nations, has played an important role in alleviating global food insecurity by negotiating two agreements to allow grain exports from Ukrainian ports through a safe corridor in the Black Sea; (17) Russia has a brutal history of using hunger as a weapon and must be stopped; and (18) countering the PRC’s coercive economic pursuits remains an important policy imperative in order to further integrate the Black Sea states into western economies and improve regional stability. (c) United States policy It is the policy of the United States— (1) to actively deter the threat of Russia’s further escalation in the Black Sea region and defend freedom of navigation in the Black Sea to prevent the spread of further armed conflict in Europe; (2) to advocate within NATO, among NATO allies, and within the European Union to develop a long-term coordinated strategy to enhance security, establish a sustainable presence in the eastern flank, and bolster the democratic resilience of United States allies and partners in the region; (3) to consider whether to advocate within NATO and among NATO allies to develop a regular, rotational maritime presence in the Black Sea; (4) to support and bolster the economic ties between the United States and Black Sea partners and mobilize the Department of State, the Department of Defense, and other relevant Federal departments and agencies by enhancing the United States presence and investment in Black Sea states; (5) to provide economic alternatives to the PRC’s coercive economic options that destabilize and further erode economic integration of the Black Sea states; (6) to ensure that the United States continues to support Black Sea states' efforts to strengthen their democratic institutions to prevent corruption and accelerate their advancement into the Euroatlantic community; and (7) to encourage the initiative undertaken by central and eastern European states to advance the Three Seas Initiative to strengthen transport, energy, and digital infrastructure connectivity in the region between the Adriatic Sea, Baltic Sea, and Black Sea. (d) Definitions In this section: (1) Appropriate committees of Congress The term appropriate committees of Congress (A) the Committee on Foreign Relations of the Senate (B) the Committee on Armed Services of the Senate (C) the Committee on Appropriations of the Senate (D) the Select Committee on Intelligence of the Senate; (E) the Committee on Energy and Natural Resources of the Senate; (F) the Committee on Foreign Affairs of the House of Representatives (G) the Committee on Armed Services of the House of Representatives (H) the Committee on Appropriations of the House of Representatives (I) the Permanent Select Committee on Intelligence of the House of Representatives; and (J) the Committee on Energy and Commerce of the House of Representatives. (2) Black Sea states The term Black Sea states (3) PRC The term PRC (e) Black Sea security and development strategy Not later than 180 days after the date of the enactment of this Act, the National Security Council, in coordination with the Department of State, the Department of Defense, and other relevant Federal departments and agencies, shall direct an interagency strategy with a classified annex— (1) to increase coordination with NATO and the European Union; (2) to deepen economic ties; (3) to strengthen energy security; (4) to support efforts to bolster their democratic resilience; and (5) to enhance security assistance with our regional partners in accordance with the values and interests of the United States. (f) Purpose and objectives The strategy authorized under subsection (e) shall have the following goals and objectives: (1) Ensuring the efficient and effective delivery of security assistance to regional partners in accordance with the values and interests of the United States, prioritizing assistance that will bolster defenses and improve interoperability with NATO forces. (2) Bolstering United States support for the region’s energy security and integration with Europe and reducing their dependence on Russia while supporting energy diversification. (3) Mitigating the impact of economic coercion by the Russian Federation and the PRC on Black Sea states and identifying new opportunities for foreign direct investment from the United States and cooperating countries and the enhancement of United States business ties with regional partners in accordance with the values and interests of the United States. (4) Increasing high-level engagement between the United States and regional partners, and reinforcing economic growth, financing quality infrastructure, and reinforcing trade with a focus on improving high-level economic cooperation. (5) Increasing United States coordination with the European Union and NATO to maximize effectiveness and minimize duplication. (g) Activities (1) Security The strategy authorized under subsection (e) should include the following elements related to security: (A) A plan to increase interagency coordination on the Black Sea region. (B) An assessment of whether a United States-led initiative with NATO allies to increase coordination, presence, and regional engagement among Black Sea states is advisable. (C) An assessment of whether there is a need to increase security assistance or security cooperation with Black Sea states, focused on Ukraine, Romania, Bulgaria, Moldova, and Georgia. (D) An assessment of the value of establishing a United States or multinational headquarters on the Black Sea, responsible for planning, readiness, exercises, and coordination of military activity in the greater Black Sea region. (E) An assessment of the challenges and opportunities of establishing a regular, rotational NATO maritime presence in the Black Sea. (F) An overview of Foreign Military Financing, International Military Education and Training, and other United States security assistance to the Black Sea region. (G) A plan for combating Russian disinformation and propaganda in the Black Sea region that utilizes the resources of the United States Government. (H) A plan to promote greater freedom of navigation to allow for greater security and economic Black Sea access. (2) Economic prosperity The strategy authorized under subsection (e) shall include the following elements related to economic prosperity: (A) A strategy to foster dialogue between experts from the United States and from the Black Sea states on economic expansion, foreign direct investment, strengthening rule of law initiatives, and mitigating economic coercion by Russia and the PRC. (B) A strategy for all the relevant Federal departments and agencies that contribute to United States economic statecraft to expand their presence and identify new opportunities for private investment with regional partners in accordance with the values and interests of the United States. (C) Assessments on energy diversification, focusing on the immediate need to replace energy supplies from Russia, and recognizing the long-term importance of broader energy diversification. (D) Assessments of potential food security solutions, including sustainable, long-term arrangements beyond the Black Sea Grain Initiative. (3) Democratic resilience The strategy authorized under subsection (e) shall include the following elements related to democratic resilience: (A) A strategy to increase independent media and United States-supported media initiatives to combat foreign malign influence in the Black Sea region. (B) Greater mobilization of initiatives spearheaded by the Department of State and the United States Agency for International Development to counter Russian propaganda and disinformation in the Black Sea region. (4) Regional connectivity The strategy authorized under subsection (e) shall promote regional connectivity by sending high-level representatives of the Department of State or other agency partners to— (A) the Black Sea region not less frequently than twice per year; and (B) major regional fora on infrastructure and energy security, including the Three Seas Initiative Summit. (h) Identification of necessary programs and resources Not later than 360 days after the date of the enactment of this Act, the interagency strategy shall identify any necessary program, policy, or budgetary resources required, by agency, to support the implementation of the Black Sea Security Strategy for fiscal years 2024, 2025, and 2026. (i) Responsibilities of Federal departments and agencies Nothing under this section may be construed to authorize the National Security Council to assume any of the responsibilities or authorities of the head of any Federal department, agency, or office, including the foreign affairs responsibilities and authorities of the Secretary of State, to oversee the implementation of programs and policies under this section. D Matters relating to the Indo-Pacific region 6241. Sense of Congress on the renewal of the Compacts of Free Association with the Republic of Palau, the Federated States of Micronesia, and the Republic of the Marshall Islands (a) Findings Congress finds that— (1) in 1947, the United Nations entrusted the United States with the defense and security of the region that now comprises— (A) the Republic of Palau; (B) the Federated States of Micronesia; and (C) the Republic of the Marshall Islands; (2) in 1983, the United States signed Compacts of Free Association with the Federated States of Micronesia and the Republic of the Marshall Islands; (3) in 1985, the United States signed a Compact of Free Association with the Republic of Palau; (4) in 1986, Congress— (A) enacted the Compact of Free Association Act of 1985 ( 48 U.S.C. 1901 Public Law 99–239 (B) enacted Public Law 99–658 48 U.S.C. 1931 (5) in 2003, Congress enacted the Compact of Free Association Amendments Act of 2003 ( 48 U.S.C. 1921 Public Law 108–188 (6) in 2010, the United States and the Republic of Palau agreed to terms for renewing the Compact of Free Association with the Republic of Palau in the Palau Compact Review Agreement, which was approved by Congress in section 1259C of the National Defense Authorization Act for Fiscal Year 2018 ( 48 U.S.C. 1931 Public Law 115–91 (7) on January 11, 2023, the United States signed a Memorandum of Understanding with the Republic of the Marshall Islands on funding priorities for the Compact of Free Association with the Republic of the Marshall Islands; (8) on May 22, 2023, the United States signed the U.S.-Palau 2023 Agreement, following the Compact of Free Association Section 432 Review; (9) on May 23, 2023, the United States signed 3 agreements relating to the U.S.–FSM Compact of Free Association, which included— (A) an Agreement to Amend the Compact, as amended; (B) a new fiscal procedures agreement; and (C) a new trust fund agreement; and (10) the United States is undergoing negotiations relating to the Compact of Free Association with the Republic of the Marshall Islands. (b) Sense of congress It is the sense of Congress that— (1) the close and strategic partnerships of the United States with the Republic of Palau, the Federated States of Micronesia, and the Republic of the Marshall Islands are vital to international peace and security in the Indo-Pacific region; (2) the Compacts of Free Association with the Republic of Palau, the Federated States of Micronesia, and the Republic of the Marshall Islands form the political, economic, and security architecture that bolsters and sustains security and drives regional development and the prosperity of the larger Indo-Pacific community of nations; (3) certain provisions of the current Compacts of Free Association with the Federated States of Micronesia and the Republic of the Marshall Islands expire on September 30, 2023; (4) certain provisions of the Compact of Free Association with the Republic of Palau expire on September 30, 2024; (5) it is in the national interest of the United States to successfully renegotiate and renew the Compacts of Free Association with the Republic of Palau, the Federated States of Micronesia, and the Republic of the Marshall Islands; and (6) enacting legislation to approve amended Compacts of Free Association with the Republic of Palau, the Federated States of Micronesia, and the Republic of the Marshall Islands is the most important way for Congress to support United States strategic partnerships with the 3 countries. 6242. Eligibility of Taiwan for the strategic trade authorization exception to certain export control licensing requirements (a) Findings Congress makes the following findings: (1) Taiwan has adopted high standards in the field of export controls. (2) Taiwan has declared its unilateral adherence to the Missile Technology Control Regime, the Wassenaar Arrangement, the Australia Group, and the Nuclear Suppliers Group. (3) At the request of President George W. Bush, section 1206 of the Foreign Relations Authorization Act, Fiscal Year 2003 ( Public Law 107–228 22 U.S.C. 2321k 22 U.S.C. 2403(q) (b) Eligibility for strategic trade authorization The President, consistent with the commitments of the United States under international arrangements, shall take steps so that Taiwan may be treated as if it were included in the list of countries eligible for the strategic trade authorization exception under section 740.20(c)(1) of the Export Administration Regulations to the requirement for a license for the export, re-export, or in-country transfer of an item subject to controls under the Export Administration Regulations. (c) Criteria Before the President may treat Taiwan as eligible for the exception described in subsection (b), the President shall ensure that Taiwan satisfies any applicable criteria normally required for inclusion in the Country Group A:5 list set forth in Supplement No. 1 to part 740 of the Export Administration Regulations, particularly with respect to alignment of export control policies with such policies of the United States. (d) Export administration regulations defined In this section, the term Export Administration Regulations 50 U.S.C. 4801 6243. Audit to identify diversion of Department of Defense funding to China's research labs Section 1263 is deemed to read as follows: 1263. Audit to identify diversion of Department of Defense funding to China's research labs (a) In general Not later than 180 days after the date of the enactment of this Act, the Department of Defense Office of Inspector General shall conduct a study, and submit a report to Congress, regarding the amount of Federal funds awarded by the Department of Defense (whether directly or indirectly) through grants, contracts, subgrants, subcontracts, or any other type of agreement or collaboration, during the 10-year period immediately preceding such date of enactment, that— (1) was provided, whether purposely or inadvertently, to— (A) the People’s Republic of China; (B) the Communist Party of China; (C) the Wuhan Institute of Virology or any other organization administered by the Chinese Academy of Sciences; (D) EcoHealth Alliance Inc., including any subsidiaries and related organizations that are directly controlled by EcoHealth Alliance, Inc.; (E) the Academy of Military Medical Sciences or any of its research institutes, including the Beijing Institute of Microbiology and Epidemiology; or (F) any other lab, agency, organization, individual, or instrumentality that is owned, controlled (directly or indirectly), or overseen (officially or unofficially) by any of the entities listed in subparagraphs (A) through (D); or (2) was used to fund research or experiments that could have reasonably resulted in the enhancement of any coronavirus, influenza, Nipah, Ebola, or other pathogen of pandemic potential or chimeric versions of such a virus or pathogen in the People’s Republic of China or any other foreign country. (b) Identification of countries and pathogens The report required under subsection (a) shall specify— (1) the countries in which the research or experiments described in subsection (a)(2) was conducted; and (2) the pathogens involved in such research or experiments. . G Other matters 6291. Sense of the Senate on digital trade and the digital economy (a) Findings Congress makes the following findings: (1) Over half of the world’s population, totaling more than 5,000,000,000 people, use the internet. (2) The digital economy encompasses the economic and social activity from billions of online connections among people, businesses, devices, and data as a result of the internet, mobile technology, and the internet of things. (3) The Bureau of Economic Analysis found that the digital economy contributed nearly 10.3 percent of United States gross domestic product and supported 8,000,000 United States jobs in 2020. (4) The digital sector added 1,400,000 new jobs between 2019 and 2022. (5) United States jobs supported by the digital economy have sustained annual wage growth at a rate of 5.9 percent since 2010, as compared to a 4.2 percent for all jobs. (6) In 2021, United States exports of digital services surpassed $594,000,000,000, accounting for more than half of all United States services exports and generating a digital services trade surplus for the United States of $262,300,000,000. (7) Digital trade bolsters the digital economy by enabling the sale of goods on the internet and the supply of online services across borders and depends on the free flow of data across borders to promote commerce, manufacturing, and innovation. (8) Digital trade has become increasingly vital to United States workers and businesses of all sizes, including the countless small and medium-sized enterprises that use digital technology, data flows, and e-commerce to export goods and services across the world. (9) Digital trade has advanced entrepreneurship opportunities for women, people of color, and individuals from otherwise underrepresented backgrounds and enabled the formation of innovative start-ups. (10) International supply chains are becoming increasingly digitized and data driven and businesses in a variety of industries, such as construction, healthcare, transportation, and aerospace, invested heavily in digital supply chain technologies in 2020. (11) United States Trade Representative Katherine Tai said, [T]here is no bright line separating digital trade from the digital economy—or the traditional (12) Industries outside of the technology sector, such as manufacturing and agriculture, are integrating digital technology into their businesses in order to increase efficiency, improve safety, reach new customers, and remain globally competitive. (13) The increasing reliance on digital technologies has modernized legacy processes, accelerated workflows, increased access to information and services, and strengthened security in a variety of industries, leading to better health, environmental, and safety outcomes. (14) The COVID–19 pandemic has led to increased uptake and reliance on digital technologies, data flows, and e-commerce. (15) Ninety percent of adults in the United States say that the internet has been essential or important for them personally during the COVID–19 pandemic. (16) United States families, workers, and business owners have seen how vital access to the internet has been to daily life, as work, education, medicine, and communication with family and friends have shifted increasingly online. (17) Many individuals and families, especially in rural and Tribal communities, struggle to participate in the digital economy because of a lack of access to a reliable internet connection. (18) New developments in technology must be deployed with consideration to the unique access challenges of rural, urban underserved, and vulnerable communities. (19) Digital trade has the power to help level the playing field and uplift those in traditionally unrepresented or underrepresented communities. (20) Countries have negotiated international rules governing digital trade in various bilateral and plurilateral agreements, but those rules remain fragmented, and no multilateral agreement on digital trade exists within the World Trade Organization. (21) The United States, through free trade agreements or other digital agreements, has been a leader in developing a set of rules and standards on digital governance and e-commerce that has helped allies and partners of the United States unlock the full economic and social potential of digital trade. (22) Congress recognizes the need for agreements on digital trade, as indicated by its support for a robust digital trade chapter in the United States-Mexico-Canada Agreement. (23) Other countries are operating under their own digital rules, some of which are contrary to democratic values shared by the United States and many allies and partners of the United States. (24) Those countries are attempting to advance their own digital rules on a global scale. (25) Examples of the plethora of nontariff barriers to digital trade that have emerged around the globe include— (A) overly restrictive data localization requirements and limitations on cross border data flows that do not achieve legitimate public policy objectives; (B) intellectual property rights infringement; (C) policies that make market access contingent on forced technology transfers or voluntary transfers subject to coercive terms; (D) web filtering; (E) economic espionage; (F) cybercrime exposure; and (G) government-directed theft of trade secrets. (26) Certain countries are pursuing or have implemented digital policies that unfairly discriminate against innovative United States technology companies and United States workers that create and deliver digital products and services. (27) The Government of the People’s Republic of China is currently advancing a model for digital governance and the digital economy domestically and abroad through its Digital Silk Road Initiative that permits censorship, surveillance, human and worker rights abuses, forced technology transfers, and data flow restrictions at the expense of human and worker rights, privacy, the free flow of data, and an open internet. (28) The 2022 Country Reports on Human Rights Practices of the Department of State highlighted significant human rights issues committed by the People’s Republic of China in the digital realm, including arbitrary interference with privacy including pervasive and intrusive technical surveillance and monitoring including the use of COVID–19 tracking apps for nonpublic-health purposes; punishment of family members for offenses allegedly committed by an individual; serious restrictions on free expression and media, including physical attacks on and criminal prosecution of journalists, lawyers, writers, bloggers, dissidents, petitioners, and others; serious restrictions on internet freedom, including site blocking (29) The United States discourages digital authoritarianism, including practices that undermine human and worker rights and result in other social and economic coercion. (30) Allies and trading partners of the United States in the Indo-Pacific region have urged the United States to deepen economic engagement in the region by negotiating rules on digital trade and technology standards. (31) The digital economy has provided new opportunities for economic development, entrepreneurship, and growth in developing countries around the world. (32) Negotiating strong digital trade principles and commitments with allies and partners across the globe enables the United States to unite like-minded economies around common standards and ensure that principles of democracy, rule of law, freedom of speech, human and worker rights, privacy, and a free and open internet are at the very core of digital governance. (33) United States leadership and substantive engagement is necessary to ensure that global digital rules reflect United States values so that workers are treated fairly, small businesses can compete and win in the global economy, and consumers are guaranteed the right to privacy and security. (34) The United States supports rules that reduce digital trade barriers, promote free expression and the free flow of information, enhance privacy protections, protect sensitive information, defend human and worker rights, prohibit forced technology transfer, and promote digitally enabled commerce. (35) The United States supports efforts to cooperate with allies and trading partners to mitigate the risks of cyberattacks, address potentially illegal or deceptive business activities online, promote financial inclusion and digital workforce skills, and develop rules to govern the use of artificial intelligence and other emerging and future technologies. (b) Sense of the Senate It is the sense of the Senate that— (1) the United States should negotiate strong, inclusive, forward-looking, and enforceable rules on digital trade and the digital economy with like-minded countries as part of a broader trade and economic strategy to address digital barriers and ensure that the United States values of democracy, rule of law, freedom of speech, human and worker rights, privacy, and a free and open internet are at the very core of the digital world and advanced technology; (2) in conducting such negotiations, the United States must— (A) pursue digital trade rules that— (i) serve the best interests of workers, consumers, and small and medium-sized enterprises; (ii) empower United States workers; (iii) fuel wage growth; and (iv) lead to materially positive economic outcomes for all people in the United States; (B) ensure that any future agreement prevents the adoption of non-democratic, coercive, or overly restrictive policies that would be obstacles to a free and open internet and harm the ability of the e-commerce marketplace to continue to grow and thrive; (C) coordinate sufficient trade-related assistance to ensure that developing countries can improve their capacity and benefit from increased digital trade; and (D) consult closely with all relevant stakeholders, including workers, consumers, small and medium-sized enterprises, civil society groups, and human rights advocates; and (3) with respect to any negotiations for an agreement facilitating digital trade, the United States Trade Representative and the heads of other relevant Federal agencies must consult closely and on a timely basis with Congress. 6292. Assessment of certain United States-origin technology used by foreign adversaries (a) In general The Director of National Intelligence shall conduct an assessment to evaluate the top five technologies that originate in the United States and are not currently subject to export controls as prioritized by the Director of National Intelligence, in order to identify and assess the risk from those specified technologies that could be or are being used by foreign adversaries in foreign espionage programs targeting the United States. (b) Report required Not later than 270 days after the date of the enactment of this Act, the Director shall submit a report on the assessment required by subsection (a) to— (1) the Committee on Armed Services and the Select Committee on Intelligence of the Senate; and (2) the Committee on Armed Services and the Permanent Select Committee on Intelligence of the House of Representatives. 6293. Virginia class submarine transfer certification (a) Certification required (1) In general Not less than 60 days prior to transferring one or more Virginia class submarines from the inventory of the United States Navy to the Government of Australia, under section 21 of the Arms Export Control Act ( 22 U.S.C. 2761 (A) any submarine transferred under such authority shall be used to support the joint security interests and military operations of the United States and Australia; (B) Submarine Rotational Forces-West Full Operational Capability to support 4 rotationally deployed Virginia-class submarines and one Astute-class submarine has been achieved, including the Government of Australia having demonstrated the domestic capacity to fully perform all the associated activities necessary for the safe hosting and operation of nuclear-powered submarines; and (C) Australia Sovereign-Ready Initial Operational Capability to support a Royal Australian Navy Virginia-class submarine has been achieved, including the Government of Australia having demonstrated the domestic capacity to fully perform all the associated— (i) activities necessary for the safe hosting and operation of nuclear-powered submarines; (ii) crewing; (iii) operations; (iv) regulatory and emergency procedures, including those specific to nuclear power plants; and (v) detailed planning for enduring Virginia-class submarine ownership, including each significant event leading up to and including nuclear defueling. (b) Definitions In this section: (1) Activities necessary for the safe hosting or operation of nuclear-powered submarines The term activities necessary for the safe hosting and operation of nuclear-powered submarines (A) Maintenance. (B) Training. (C) Technical oversight. (D) Safety certifications. (E) Physical, communications, operational, cyber, and other security measures. (F) Port operations and infrastructure support. (G) Storage, including spare parts, repair parts, and munitions. (H) Hazardous material handling and storage. (I) Information technology systems. (J) Support functions, including those related to medical, quality-of-life, and family needs. (K) Such other related tasks as may be specified by the Secretary of Defense. (2) Appropriate congressional committees The term appropriate congressional committees (A) the Committee on Foreign Relations, the Committee on Armed Services, and the Committee on Appropriations of the Senate; and (B) the Committee on Foreign Affairs, the Committee on Armed Services, and the Committee on Appropriations of the House of Representatives. LXV Space activities, strategic programs, and intelligence matters B Nuclear forces 6511. Annual report on development of long-range stand-off weapon (a) Report required Not later than March 1, 2024, and annually thereafter until the date on which long-range stand-off weapon reaches initial operational capability, the Administrator for Nuclear Security, in coordination with the Secretary of the Air Force and the Chairman of the Nuclear Weapons Council, shall submit to the congressional defense committees a report on the joint development of the long-range stand-off weapon, including the missile developed by the Air Force and the W80–4 warhead life extension program conducted by the National Nuclear Security Administration. (b) Elements The report under subsection (a) shall include the following: (1) An estimate of the date on which the long-range stand-off weapon will reach initial operational capability. (2) A description of any development milestones for the missile developed by the Air Force or the warhead developed by the National Nuclear Security Administration that depend on corresponding progress at the other agency. (3) A description of coordination efforts between the Air Force and the National Nuclear Security Administration during the period covered by the report. (4) A description of any schedule delays projected by the Air Force or the National Nuclear Security Administration and the anticipated effect such delays would have on the schedule of work of the other agency. (5) Plans to mitigate the effects of any delays described in paragraph (4). (6) A description of any ways, including through the availability of additional funding or authorities, in which the development milestones described in paragraph (2) or the estimated date of initial operational capability referred to in paragraph (1), could be achieved more quickly. (7) An estimate of the acquisition costs for the long-range stand-off weapon and the W80–4 warhead life extension program. (c) Form The report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex. LXVIII FEND Off Fentanyl Act 6801. Short title This title may be cited as the Fentanyl Eradication and Narcotics Deterrence Off Fentanyl Act FEND Off Fentanyl Act 6802. Sense of Congress It is the sense of Congress that— (1) the proliferation of fentanyl is causing an unprecedented surge in overdose deaths in the United States, fracturing families and communities, and necessitating a comprehensive policy response to combat its lethal flow and to mitigate the drug’s devastating consequences; (2) the trafficking of fentanyl into the United States is a national security threat that has killed hundreds of thousands of United States citizens; (3) transnational criminal organizations, including cartels primarily based in Mexico, are the main purveyors of fentanyl into the United States and must be held accountable; (4) precursor chemicals sourced from the People’s Republic of China are— (A) shipped from the People’s Republic of China by legitimate and illegitimate means; (B) transformed through various synthetic processes to produce different forms of fentanyl; and (C) crucial to the production of illicit fentanyl by transnational criminal organizations, contributing to the ongoing opioid crisis; (5) the United States Government must remain vigilant to address all new forms of fentanyl precursors and drugs used in combination with fentanyl, such as Xylazine, which attribute to overdose deaths of people in the United States; (6) to increase the cost of fentanyl trafficking, the United States Government should work collaboratively across agencies and should surge analytic capability to impose sanctions and other remedies with respect to transnational criminal organizations (including cartels), including foreign nationals who facilitate the trade in illicit fentanyl and its precursors from the People’s Republic of China; and (7) the Department of the Treasury should focus on fentanyl trafficking and its facilitators as one of the top national security priorities for the Department. 6803. Definitions In this title: (1) Appropriate congressional committees The term appropriate congressional committees (A) the Committee on Banking, Housing, and Urban Affairs and the Committee on Foreign Relations of the Senate; and (B) the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives. (2) Foreign person The term foreign person (A) means— (i) any citizen or national of a foreign country; or (ii) any entity not organized under the laws of the United States or a jurisdiction within the United States; and (B) does not include the government of a foreign country. (3) Knowingly The term knowingly (4) Trafficking The term trafficking opioid trafficking 21 U.S.C. 2302 (5) Transnational criminal organization The term transnational criminal organization (A) any organization designated as a significant transnational criminal organization under part 590 of title 31, Code of Federal Regulations; (B) any of the organizations known as— (i) the Sinaloa Cartel; (ii) the Jalisco New Generation Cartel; (iii) the Gulf Cartel; (iv) the Los Zetas Cartel; (v) the Juarez Cartel; (vi) the Tijuana Cartel; (vii) the Beltran-Leyva Cartel; or (viii) La Familia Michoacana; or (C) any other organization that the President determines is a transnational criminal organization; or (D) any successor organization to an organization described in subparagraph (B) or as otherwise determined by the President. (6) United States person The term United States person (A) a United States citizen or an alien lawfully admitted for permanent residence to the United States; (B) an entity organized under the laws of the United States or of any jurisdiction within the United States, including a foreign branch of such an entity; or (C) any person in the United States. A Sanctions Matters I Sanctions in Response to National Emergency relating to Fentanyl Trafficking 6811. Finding; policy (a) Finding Congress finds that international trafficking of fentanyl, fentanyl precursors, or other related opioids constitutes an unusual and extraordinary threat to the national security, foreign policy, and economy of the United States, and is a national emergency. (b) Policy It shall be the policy of the United States to apply economic and other financial sanctions to those who engage in the international trafficking of fentanyl, fentanyl precursors, or other related opioids to protect the national security, foreign policy, and economy of the United States. 6812. Use of national emergency authorities; reporting (a) In general The President may exercise all authorities provided under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out this part. (b) Report required (1) In general Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the President shall submit to the appropriate congressional committees a report on actions taken by the executive branch pursuant to this part and any national emergency declared with respect to the trafficking of fentanyl and trade in other illicit drugs, including— (A) the issuance of any new or revised regulations, policies, or guidance; (B) the imposition of sanctions; (C) the collection of relevant information from outside parties; (D) the issuance or closure of general licenses, specific licenses, and statements of licensing policy by the Office of Foreign Assets Control; (E) a description of any pending enforcement cases; or (F) the implementation of mitigation procedures. (2) Form of report Each report required by paragraph (1) shall be submitted in unclassified form, but may include the matters required by subparagraphs (C), (D), (E), and (F) of that paragraph in a classified annex. 6813. Codification of Executive order imposing sanctions with respect to foreign persons involved in global illicit drug trade United States sanctions provided for in Executive Order 14059 ( 50 U.S.C. 1701 6814. Imposition of sanctions with respect to fentanyl trafficking by transnational criminal organizations (a) In general The President shall impose the sanctions described in subsection (b) with respect to any foreign person the President determines— (1) is knowingly involved in the significant trafficking of fentanyl, fentanyl precursors, or other related opioids, including such trafficking by a transnational criminal organization; or (2) otherwise is knowingly involved in significant activities of a transnational criminal organization relating to the trafficking of fentanyl, fentanyl precursors, or other related opioids. (b) Sanctions described The President may, pursuant to the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. (c) Report required Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the President shall submit to the appropriate congressional committees a report on actions taken by the executive branch with respect to the foreign persons identified under subsection (a). 6815. Penalties; waivers; exceptions (a) Penalties A person that violates, attempts to violate, conspires to violate, or causes a violation of this part or any regulation, license, or order issued to carry out this part shall be subject to the penalties set forth in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act ( 50 U.S.C. 1705 (b) National security waiver The President may waive the application of sanctions under this part with respect to a foreign person if the President determines that the waiver is in the national security interest of the United States. (c) Exceptions (1) Exception for intelligence activities This part shall not apply with respect to activities subject to the reporting requirements under title V of the National Security Act of 1947 ( 50 U.S.C. 3091 et seq. (2) Exception for compliance with international obligations and law enforcement activities Sanctions under this part shall not apply with respect to an alien if admitting or paroling the alien into the United States is necessary— (A) to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success on June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable international obligations of the United States; or (B) to carry out or assist law enforcement activity of the United States. (3) Humanitarian exemption The President may not impose sanctions under this part with respect to any person for conducting or facilitating a transaction for the sale of agricultural commodities, food, medicine, or medical devices or for the provision of humanitarian assistance. 6816. Treatment of forfeited property of transnational criminal organizations (a) Transfer of forfeited property to forfeiture funds (1) In general Any covered forfeited property shall be deposited into the Department of the Treasury Forfeiture Fund established under section 9705 of title 31, United States Code, or the Department of Justice Assets Forfeiture Fund established under section 524(c) of title 28, United States Code. (2) Report required Not later than 180 days after the date of the enactment of this Act, and every 180 days thereafter, the President shall submit to the appropriate congressional committees a report on any deposits made under paragraph (1) during the 180-day period preceding submission of the report. (3) Covered forfeited property defined In this subsection, the term covered forfeited property (A) forfeited to the United States under chapter 46 or section 1963 of title 18, United States Code; and (B) that belonged to or was possessed by an individual affiliated with or connected to a transnational criminal organization subject to sanctions under— (i) this part; (ii) the Fentanyl Sanctions Act ( 21 U.S.C. 2301 et seq. (iii) Executive Order 14059 ( 50 U.S.C. 1701 (b) Blocked assets under Terrorism Risk Insurance Act of 2002 Nothing in this part affects the treatment of blocked assets of a terrorist party described in subsection (a) of section 201 of the Terrorism Risk Insurance Act of 2002 ( 28 U.S.C. 1610 II Other Matters 6821. Ten-year statute of limitations for violations of sanctions (a) International Emergency Economic Powers Act Section 206 of the International Emergency Economic Powers Act ( 50 U.S.C. 1705 (d) Statute of limitations (1) Time for commencing proceedings (A) In general An action, suit, or proceeding for the enforcement of any civil fine, penalty, or forfeiture, pecuniary or otherwise, under this section shall not be entertained unless commenced within ten years after the latest date of the violation upon which the civil fine, penalty, or forfeiture is based. (B) Commencement For purposes of this paragraph, the commencement of an action, suit, or proceeding includes the issuance of a pre-penalty notice or finding of violation. (2) Time for indictment No person shall be prosecuted, tried, or punished for any offense under subsection (c) unless the indictment is found or the information is instituted within ten years after the latest date of the violation upon which the indictment or information is based. . (b) Trading with the Enemy Act Section 16 of the Trading with the Enemy Act ( 50 U.S.C. 4315 (d) Statute of limitations (1) Time for commencing proceedings (A) In general An action, suit, or proceeding for the enforcement of any civil fine, penalty, or forfeiture, pecuniary or otherwise, under this section shall not be entertained unless commenced within ten years after the latest date of the violation upon which the civil fine, penalty, or forfeiture is based. (B) Commencement For purposes of this paragraph, the commencement of an action, suit, or proceeding includes the issuance of a pre-penalty notice or finding of violation. (2) Time for indictment No person shall be prosecuted, tried, or punished for any offense under subsection (a) unless the indictment is found or the information is instituted within ten years after the latest date of the violation upon which the indictment or information is based. . 6822. Classified report and briefing on staffing of Office of Foreign Assets Control Not later than 180 days after the date of the enactment of this Act, the Director of the Office of Foreign Assets Control shall provide to the appropriate congressional committees a classified report and briefing on the staffing of the Office of Foreign Assets Control, disaggregated by staffing dedicated to each sanctions program and each country or issue. 6823. Report on drug transportation routes and use of vessels with mislabeled cargo Not later than 180 days after the date of the enactment of this Act, the Secretary of the Treasury, in conjunction with the heads of other relevant Federal agencies, shall provide to the appropriate congressional committees a classified report and briefing on efforts to target drug transportation routes and modalities, including an assessment of the prevalence of false cargo labeling and shipment of precursor chemicals without accurate tracking of the customers purchasing the chemicals. 6824. Report on actions of People’s Republic of China with respect to persons involved in fentanyl supply chain Not later than 180 days after the date of the enactment of this Act, the Secretary of the Treasury, in conjunction with the heads of other relevant Federal agencies, shall provide to the appropriate congressional committees a classified report and briefing on actions taken by the Government of the People’s Republic of China with respect to persons involved in the shipment of fentanyl, fentanyl analogues, fentanyl precursors, precursors for fentanyl analogues, and equipment for the manufacturing of fentanyl and fentanyl-laced counterfeit pills. B Anti-Money Laundering Matters 6831. Designation of illicit fentanyl transactions of sanctioned persons as of primary money laundering concern Subtitle A of the Fentanyl Sanctions Act ( 21 U.S.C. 2311 et seq. 7213A. Designation of transactions of sanctioned persons as of primary money laundering concern (a) In general If the Secretary of the Treasury determines that reasonable grounds exist for concluding that one or more financial institutions operating outside of the United States, 1 or more classes of transactions within, or involving, a jurisdiction outside of the United States, or 1 or more types of accounts within, or involving, a jurisdiction outside of the United States, is of primary money laundering concern in connection with illicit opioid trafficking, the Secretary of the Treasury may, by order, regulation, or otherwise as permitted by law— (1) require domestic financial institutions and domestic financial agencies to take 1 or more of the special measures provided for in section 9714(a)(1) of the National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 31 U.S.C. 5318A (2) prohibit, or impose conditions upon, certain transmittals of funds (to be defined by the Secretary) by any domestic financial institution or domestic financial agency, if such transmittal of funds involves any such institution, class of transaction, or type of accounts. (b) Classified information In any judicial review of a finding of the existence of a primary money laundering concern, or of the requirement for 1 or more special measures with respect to a primary money laundering concern made under this section, if the designation or imposition, or both, were based on classified information (as defined in section 1(a) of the Classified Information Procedures Act (18 U.S.C. App.)), such information may be submitted by the Secretary to the reviewing court ex parte and in camera. This subsection does not confer or imply any right to judicial review of any finding made or any requirement imposed under this section. (c) Availability of information The exemptions from, and prohibitions on, search and disclosure referred to in section 9714(c) of the National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 31 U.S.C. 5318A (d) Penalties The penalties referred to in section 9714(d) of the National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 31 U.S.C. 5318A (e) Injunctions The Secretary of the Treasury may bring a civil action to enjoin a violation of any order, regulation, special measure, or other requirement imposed under subsection (a) in the same manner and to the same extent as described in section 9714(e) of the National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 31 U.S.C. 5318A . 6832. Treatment of transnational criminal organizations in suspicious transactions reports of the Financial Crimes Enforcement Network (a) Filing instructions Not later than 180 days after the date of the enactment of this Act, the Director of the Financial Crimes Enforcement Network shall issue guidance or instructions to United States financial institutions for filing reports on suspicious transactions required by section 1010.320 of title 31, Code of Federal Regulations, related to suspected fentanyl trafficking by transnational criminal organizations. (b) Prioritization of reports relating to fentanyl trafficking or transnational criminal organizations The Director shall prioritize research into reports described in subsection (a) that indicate a connection to trafficking of fentanyl or related synthetic opioids or financing of suspected transnational criminal organizations. 6833. Report on trade-based money laundering in trade with Mexico, the People's Republic of China, and Burma (a) In general In the first update to the national strategy for combating the financing of terrorism and related forms of illicit finance submitted to Congress after the date of the enactment of this Act, the Secretary of the Treasury shall include a report on trade-based money laundering originating in Mexico or the People’s Republic of China and involving Burma. (b) Definition In this section, the term national strategy for combating the financing of terrorism and related forms of illicit finance Public Law 115–44 Public Law 117–81 C Exception Relating to Importation of Goods 6841. Exception relating to importation of goods (a) In general The authority or a requirement to block and prohibit all transactions in all property and interests in property under this title shall not include the authority or a requirement to impose sanctions on the importation of goods. (b) Good defined In this section, the term good LXXVIII Military construction and general provisions B Military housing III Other housing matters 7851. Report on plan to replace houses at Fort Leonard Wood Not later than 90 days after the date of the enactment of this Act, the Secretary of the Army shall submit to Congress an unclassified report on the plan of the Army to replace all 1,142 houses at Fort Leonard Wood that the Army has designated as being in need of repair. D Other matters 7881. Study on impact on members of the Armed Forces and dependents of construction projects that affect quality of life (a) In general The Secretary of Defense shall conduct a study, through the use of an independent and objective organization outside the Department of Defense, on the correlation between military construction projects and facilities sustainment, restoration, and modernization projects at installations of the Department of Defense that affect the quality of life of members of the Armed Forces and their dependents and the following: (1) Retention of members of the Armed Forces on active duty. (2) Physical health of members of the Armed Forces, including an identification of whether the age, condition, and deferred maintenance of a dormitory or barracks is in any way related to the frequency of sexual assaults and other crimes at installations of the Department. (3) Mental health of members of the Armed Forces. (b) Report Not later than one year after the date of the enactment of this Act, 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 study conducted under subsection (a). 7882. Modification of pilot program on establishment of account for reimbursement for use of testing facilities at installations of the Department of the Air Force (a) In general Section 2862 of the Military Construction Authorization Act for Fiscal Year 2022 (division B of Public Law 117–81 10 U.S.C. 9771 (1) in subsection (a), by striking testing Major Range and Test Facility Base (MRTFB) (2) in subsection (b), by inserting , have Major Range and Test Facility Base facilities, construct (3) by amending subsection (c) to read as follows: (c) Oversight of funds (1) Use of amounts The commander of an installation selected to participate in the pilot program may obligate or expend amounts reimbursed under the pilot program for projects at the installation. (2) Designation of maintenance costs (A) In general The commander of an installation selected to participate in the pilot program may designate the appropriate amount of maintenance costs to be charged to users of Major Range and Test Facility Base facilities under the pilot program. (B) Use of maintenance cost reimbursements Maintenance cost reimbursements under subparagraph (A) for an installation may be used either singly or in combination with appropriated funds to satisfy the costs of maintenance projects at the installation. (3) Oversight The commander of an installation selected for the pilot program shall have direct oversight over amounts reimbursed to the installation under the pilot program for Facility, Sustainment, Restoration, and Modernization. ; (4) by redesignating subsection (e) as subsection (f); (5) by inserting after subsection (d) the following new subsection (e): (e) No reduction of appropriation In order to allow full assessment of the viability of the pilot program, appropriations to installations selected to participate in the pilot program for Facility, Sustainment, Restoration, and Modernization shall not be reduced on the basis of participation in the pilot program or usage of the pilot program reimbursements and realized reimbursements from customers under the pilot program shall not be used as a basis for reduction of such appropriations. ; and (6) in subsection (f) as redesignated by paragraph (2), by striking December 1, 2026 December 1, 2027 (b) Clerical amendments (1) Section header The header for such section is amended to read as follows: 2862. Pilot program to augment appropriated amounts with maintenance reimbursements from Major Range and Test Facility Base users at installations of the Department of the Air Force . (2) Table of Contents The table of contents for the National Defense Authorization Act for Fiscal Year 2022 ( Public Law 117–81 Public Law 117–81 Sec. 2862. Pilot program to augment appropriated amounts with maintenance reimbursements from Major Range and Test Facility Base users at installations of the Department of the Air Force. . LXXXI Department of Energy national security programs D Other matters 8141. Accelerating Deployment of Versatile, Advanced Nuclear for Clean Energy (a) Short title This section may be cited as the Accelerating Deployment of Versatile, Advanced Nuclear for Clean Energy Act of 2023 ADVANCE Act of 2023 (b) Definitions In this section: (1) Accident tolerant fuel The term accident tolerant fuel Public Law 115–439 (2) Administrator The term Administrator (3) Advanced nuclear fuel The term advanced nuclear fuel (A) advanced nuclear reactor fuel; and (B) accident tolerant fuel. (4) Advanced nuclear reactor The term advanced nuclear reactor 42 U.S.C. 2215 Public Law 115–439 (5) Advanced nuclear reactor fuel The term advanced nuclear reactor fuel 42 U.S.C. 2215 Public Law 115–439 (6) Appropriate committees of C The term appropriate committees of Congress (A) the Committee on Environment and Public Works of the Senate; and (B) the Committee on Energy and Commerce of the House of Representatives. (7) Commission The term Commission (8) Institution of higher education The term institution of higher education Higher Education Act of 1965 20 U.S.C. 1001(a) (9) National Laboratory The term National Laboratory 42 U.S.C. 15801 (c) International nuclear reactor export and innovation activities (1) Coordination (A) In general The Commission shall— (i) coordinate all work of the Commission relating to— (I) nuclear reactor import and export licensing; and (II) international regulatory cooperation and assistance relating to nuclear reactors, including with countries that are members of— (aa) the Organisation for Economic Co-operation and Development; or (bb) the Nuclear Energy Agency; and (ii) support interagency and international coordination with respect to— (I) the consideration of international technical standards to establish the licensing and regulatory basis to assist the design, construction, and operation of nuclear systems; (II) efforts to help build competent nuclear regulatory organizations and legal frameworks in countries seeking to develop nuclear power; and (III) exchange programs and training provided, in coordination with the Secretary of State, to other countries relating to nuclear regulation and oversight to improve nuclear technology licensing, in accordance with subparagraph (B). (B) Exchange programs and training With respect to the exchange programs and training described in subparagraph (A)(ii)(III), the Commission shall coordinate, as applicable, with— (i) the Secretary of Energy; (ii) the Secretary of State; (iii) National Laboratories; (iv) the private sector; and (v) institutions of higher education. (2) Authority To establish branch The Commission may establish within the Office of International Programs a branch, to be known as the International Nuclear Reactor Export and Innovation Branch (3) Exclusion of international activities from the fee base (A) In general Section 102 of the Nuclear Energy Innovation and Modernization Act ( 42 U.S.C. 2215 (i) in subsection (a), by adding at the end the following: (4) International nuclear reactor export and innovation activities The Commission shall identify in the annual budget justification international nuclear reactor export and innovation activities described in subsection (c)(1) of the ADVANCE Act of 2023 ; and (ii) in subsection (b)(1)(B), by adding at the end the following: (iv) Costs for international nuclear reactor export and innovation activities described in subsection (c)(1) of the ADVANCE Act of 2023 . (B) Effective date The amendments made by subparagraph (A) shall take effect on October 1, 2024. (4) Coordination The Commission shall coordinate all international activities under this subsection with the Secretary of State and other applicable agencies, as appropriate. (5) Savings clause Nothing in this subsection alters the authority of the Commission to license and regulate the civilian use of radioactive materials. (d) Denial of certain domestic licenses for national security purposes (1) Definition of covered fuel In this subsection, the term covered fuel (A) is owned or controlled by the Government of the Russian Federation or the Government of the People’s Republic of China; or (B) is organized under the laws of, or otherwise subject to the jurisdiction of, the Russian Federation or the People’s Republic of China. (2) Prohibition on unlicensed possession or ownership of covered fuel Unless specifically authorized by the Commission in a license issued under section 53 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2073 (3) License To possess or own covered fuel (A) Consultation required prior to issuance The Commission shall not issue a license to possess or own covered fuel under section 53 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2073 (B) Prohibition on issuance of license (i) In general Subject to clause (iii), a license to possess or own covered fuel shall not be issued if the Secretary of Energy and the Secretary of State make the determination described in clause (ii)(I)(aa). (ii) Determination (I) In general The determination referred to in clause (i) is a determination that possession or ownership, as applicable, of covered fuel— (aa) poses a threat to the national security of the United States, including because of an adverse impact on the physical and economic security of the United States; or (bb) does not pose a threat to the national security of the United States. (II) Joint determination A determination described in subclause (I) shall be jointly made by the Secretary of Energy and the Secretary of State. (III) Timeline (aa) Notice of application Not later than 30 days after the date on which the Commission receives an application for a license to possess or own covered fuel, the Commission shall notify the Secretary of Energy and the Secretary of State of the application. (bb) Determination The Secretary of Energy and the Secretary of State shall have a period of 180 days, beginning on the date on which the Commission notifies the Secretary of Energy and the Secretary of State under item (aa) of an application for a license to possess or own covered fuel, in which to make the determination described in subclause (I). (cc) Commission notification On making the determination described in subclause (I), the Secretary of Energy and the Secretary of State shall immediately notify the Commission. (dd) Congressional notification Not later than 30 days after the date on which the Secretary of Energy and the Secretary of State notify the Commission under item (cc), the Commission shall notify the appropriate committees of Congress, the Committee on Foreign Relations of the Senate, the Committee on Energy and Natural Resources of the Senate, and the Committee on Foreign Affairs of the House of Representatives of the determination. (ee) Public notice Not later than 15 days after the date on which the Commission notifies Congress under item (dd) of a determination made under subclause (I), the Commission shall make that determination publicly available. (iii) Effect of no determination The Commission shall not issue a license if the Secretary of Energy and the Secretary of State have not made a determination described in clause (ii). (4) Savings clause Nothing in this subsection alters any treaty or international agreement in effect on the date of enactment of this Act or that enters into force after the date of enactment of this Act. (e) Export license requirements (1) Definition of low-Enriched uranium In this subsection, the term low-enriched uranium (2) Requirement The Commission shall not issue an export license for the transfer of any item described in paragraph (4) to a country described in paragraph (3) unless the Commission, in consultation with the Secretary of State and any other relevant agencies, makes a determination that such transfer will not be inimical to the common defense and security of the United States. (3) Countries described A country referred to in paragraph (2) is a country that— (A) has not concluded and ratified an Additional Protocol to its safeguards agreement with the International Atomic Energy Agency; or (B) has not ratified or acceded to the amendment to the Convention on the Physical Protection of Nuclear Material, adopted at Vienna October 26, 1979, and opened for signature at New York March 3, 1980 (TIAS 11080), described in the information circular of the International Atomic Energy Agency numbered INFCIRC/274/Rev.1/Mod.1 and dated May 9, 2016 (TIAS 16–508). (4) Items described An item referred to in paragraph (2) includes— (A) unirradiated nuclear fuel containing special nuclear material (as defined in section 11 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2014 (B) a nuclear reactor that uses nuclear fuel described in subparagraph (A); and (C) any plant or component listed in Appendix I to part 110 of title 10, Code of Federal Regulations (or successor regulations), that is involved in— (i) the reprocessing of irradiated nuclear reactor fuel elements; (ii) the separation of plutonium; or (iii) the separation of the uranium-233 isotope. (5) Notification If the Commission, in consultation with the Secretary of State and any other relevant agencies, makes a determination, in accordance with applicable laws and regulations, under paragraph (2) that the transfer of any item described in paragraph (4) to a country described in paragraph (3) will not be inimical to the common defense and security of the United States, the Commission shall notify the appropriate committees of Congress, the Committee on Foreign Relations of the Senate, the Committee on Energy and Natural Resources of the Senate, and the Committee on Foreign Affairs of the House of Representatives. (f) Fees for advanced nuclear reactor application review (1) Definitions Section 3 of the Nuclear Energy Innovation and Modernization Act ( 42 U.S.C. 2215 Public Law 115–439 (A) by redesignating paragraphs (2) through (15) as paragraphs (3), (6), (7), (8), (9), (10), (12), (15), (16), (17), (18), (19), (20), and (21), respectively; (B) by inserting after paragraph (1) the following: (2) Advanced nuclear reactor applicant The term advanced nuclear reactor applicant 42 U.S.C. 2011 et seq. ; (C) by inserting after paragraph (3) (as so redesignated) the following: (4) Advanced nuclear reactor pre-applicant The term advanced nuclear reactor pre-applicant 42 U.S.C. 2011 et seq. (5) Agency support The term agency support FY 2023 Final Fee Rule Work Papers ; (D) by inserting after paragraph (10) (as so redesignated) the following: (11) Hourly rate for mission-direct program salaries and benefits for the Nuclear Reactor Safety Program The term hourly rate for mission-direct program salaries and benefits for the Nuclear Reactor Safety Program (A) the full-time equivalent rate (within the meaning of the document of the Commission entitled FY 2023 Final Fee Rule Work Papers (B) the productive hours assumption for that fiscal year, determined in accordance with the formula established in the document referred to in subparagraph (A) (or a successor document). ; and (E) by inserting after paragraph (12) (as so redesignated) the following: (13) Mission-direct program salaries and benefits for the Nuclear Reactor Safety Program The term mission-direct program salaries and benefits for the Nuclear Reactor Safety Program FY 2023 Final Fee Rule Work Papers (14) Mission-indirect program support The term mission-indirect program support FY 2023 Final Fee Rule Work Papers . (2) Excluded activities Section 102(b)(1)(B) of the Nuclear Energy Innovation and Modernization Act ( 42 U.S.C. 2215(b)(1)(B) (v) The total costs of mission-indirect program support and agency support that, under paragraph (2)(B), may not be included in the hourly rate charged for fees assessed to advanced nuclear reactor applicants. (vi) The total costs of mission-indirect program support and agency support that, under paragraph (2)(C), may not be included in the hourly rate charged for fees assessed to advanced nuclear reactor pre-applicants. . (3) Fees for service or thing of value Section 102(b) of the Nuclear Energy Innovation and Modernization Act ( 42 U.S.C. 2215(b) (2) Fees for service or thing of value (A) In general In accordance with section 9701 of title 31, United States Code, the Commission shall assess and collect fees from any person who receives a service or thing of value from the Commission to cover the costs to the Commission of providing the service or thing of value. (B) Advanced nuclear reactor applicants The hourly rate charged for fees assessed to advanced nuclear reactor applicants under this paragraph relating to the review of a submitted application described in section 3(1) shall not exceed the hourly rate for mission-direct program salaries and benefits for the Nuclear Reactor Safety Program. (C) Advanced nuclear reactor pre-applicants The hourly rate charged for fees assessed to advanced nuclear reactor pre-applicants under this paragraph relating to the review of submitted materials as described in the licensing project plan of an advanced nuclear reactor pre-applicant shall not exceed the hourly rate for mission-direct program salaries and benefits for the Nuclear Reactor Safety Program. . (4) Sunset Section 102 of the Nuclear Energy Innovation and Modernization Act ( 42 U.S.C. 2215 (g) Cessation of effectiveness Paragraphs (1)(B)(vi) and (2)(C) of subsection (b) shall cease to be effective on September 30, 2029. . (5) Effective date The amendments made by this subsection shall take effect on October 1, 2024. (g) Advanced nuclear reactor prizes Section 103 of the Nuclear Energy Innovation and Modernization Act ( Public Law 115–439 (f) Prizes for advanced nuclear reactor licensing (1) Definition of eligible entity In this subsection, the term eligible entity (A) a non-Federal entity; and (B) the Tennessee Valley Authority. (2) Prize for advanced nuclear reactor licensing (A) In general Notwithstanding section 169 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2209 (i) to which the Commission issues an operating license for an advanced nuclear reactor under part 50 of title 10, Code of Federal Regulations (or successor regulations), for which an application has not been approved by the Commission as of the date of enactment of this subsection; or (ii) for which the Commission makes a finding described in section 52.103(g) of title 10, Code of Federal Regulations (or successor regulations), with respect to a combined license for an advanced nuclear reactor— (I) that is issued under subpart C of part 52 of that title (or successor regulations); and (II) for which an application has not been approved by the Commission as of the date of enactment of this subsection. (B) Amount of award An award under subparagraph (A) shall be in an amount equal to the total amount assessed by the Commission and collected under section 102(b)(2) from the eligible entity receiving the award for costs relating to the issuance of the license described in that subparagraph, including, as applicable, costs relating to the issuance of an associated construction permit described in section 50.23 of title 10, Code of Federal Regulations (or successor regulations), or early site permit (as defined in section 52.1 (C) Award categories An award under subparagraph (A) may be made for— (i) the first advanced nuclear reactor for which the Commission— (I) issues a license in accordance with clause (i) of subparagraph (A); or (II) makes a finding in accordance with clause (ii) of that subparagraph; (ii) an advanced nuclear reactor that— (I) uses isotopes derived from spent nuclear fuel (as defined in section 2 of the Nuclear Waste Policy Act of 1982 ( 42 U.S.C. 10101 (II) is the first advanced nuclear reactor described in subclause (I) for which the Commission— (aa) issues a license in accordance with clause (i) of subparagraph (A); or (bb) makes a finding in accordance with clause (ii) of that subparagraph; (iii) an advanced nuclear reactor that— (I) is a nuclear integrated energy system— (aa) that is composed of 2 or more co-located or jointly operated subsystems of energy generation, energy storage, or other technologies; (bb) in which not fewer than 1 subsystem described in item (aa) is a nuclear energy system; and (cc) the purpose of which is— (AA) to reduce greenhouse gas emissions in both the power and nonpower sectors; and (BB) to maximize energy production and efficiency; and (II) is the first advanced nuclear reactor described in subclause (I) for which the Commission— (aa) issues a license in accordance with clause (i) of subparagraph (A); or (bb) makes a finding in accordance with clause (ii) of that subparagraph; (iv) an advanced reactor that— (I) operates flexibly to generate electricity or high temperature process heat for nonelectric applications; and (II) is the first advanced nuclear reactor described in subclause (I) for which the Commission— (aa) issues a license in accordance with clause (i) of subparagraph (A); or (bb) makes a finding in accordance with clause (ii) of that subparagraph; and (v) the first advanced nuclear reactor for which the Commission grants approval to load nuclear fuel pursuant to the technology-inclusive regulatory framework established under subsection (a)(4). (3) Federal funding limitations (A) Exclusion of TVA funds In this paragraph, the term Federal funds (B) Limitation on amounts expended An award under this subsection shall not exceed the total amount expended (excluding any expenditures made with Federal funds received for the applicable project and an amount equal to the minimum cost-share required under section 988 of the Energy Policy Act of 2005 ( 42 U.S.C. 16352 (C) Repayment and dividends not required Notwithstanding section 9104(a)(4) of title 31, United States Code, or any other provision of law, an eligible entity that receives an award under this subsection shall not be required— (i) to repay that award or any part of that award; or (ii) to pay a dividend, interest, or other similar payment based on the sum of that award. . (h) Report on unique licensing considerations relating to the use of nuclear energy for nonelectric applications (1) In general Not later than 270 days after the date of enactment of this Act, the Commission shall submit to the appropriate committees of Congress a report (referred to in this subsection as the report (A) the flexible operation of nuclear reactors, such as ramping power output and switching between electricity generation and nonelectric applications; (B) the use of advanced nuclear reactors exclusively for nonelectric applications; and (C) the colocation of nuclear reactors with industrial plants or other facilities. (2) Stakeholder input In developing the report, the Commission shall seek input from— (A) the Secretary of Energy; (B) the nuclear energy industry; (C) technology developers; (D) the industrial, chemical, and medical sectors; (E) nongovernmental organizations; and (F) other public stakeholders. (3) Contents (A) In general The report shall describe— (i) any unique licensing issues or requirements relating to the matters described in subparagraphs (A) through (C) of paragraph (1), including, with respect to the nonelectric applications referred to in subparagraphs (A) and (B) of that paragraph, any licensing issues or requirements relating to the use of nuclear energy in— (I) hydrogen or other liquid and gaseous fuel or chemical production; (II) water desalination and wastewater treatment; (III) heat for industrial processes; (IV) district heating; (V) energy storage; (VI) industrial or medical isotope production; and (VII) other applications, as identified by the Commission; (ii) options for addressing those issues or requirements— (I) within the existing regulatory framework of the Commission; (II) as part of the technology-inclusive regulatory framework required under subsection (a)(4) of section 103 of the Nuclear Energy Innovation and Modernization Act ( 42 U.S.C. 2133 Public Law 115–439 Public Law 115–439 (III) through a new rulemaking; and (iii) the extent to which Commission action is needed to implement any matter described in the report. (B) Cost estimates, budgets, and timeframes The report shall include cost estimates, proposed budgets, and proposed timeframes for implementing risk-informed and performance-based regulatory guidance in the licensing of nuclear reactors for nonelectric applications. (i) Enabling preparations for the demonstration of advanced nuclear reactors on Department of Energy sites or critical national security infrastructure sites (1) In general Section 102(b)(1)(B) of the Nuclear Energy Innovation and Modernization Act ( 42 U.S.C. 2215(b)(1)(B) (vii) Costs for— (I) activities to review and approve or disapprove an application for an early site permit (as defined in section 52.1 of title 10, Code of Federal Regulations (or a successor regulation)) to demonstrate an advanced nuclear reactor on a Department of Energy site or critical national security infrastructure (as defined in section 327(d) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 (II) pre-application activities relating to an early site permit (as defined in section 52.1 of title 10, Code of Federal Regulations (or a successor regulation)) to demonstrate an advanced nuclear reactor on a Department of Energy site or critical national security infrastructure (as defined in section 327(d) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 . (2) Effective date The amendment made by paragraph (1) shall take effect on October 1, 2024. (j) Clarification on fusion regulation Section 103(a)(4) of the Nuclear Energy Innovation and Modernization Act ( 42 U.S.C. 2133 Public Law 115–439 (1) by striking Not later (A) In general Not later ; and (2) by adding at the end the following: (B) Exclusion of fusion reactors For purposes of subparagraph (A), the term advanced reactor applicant . (k) Regulatory issues for nuclear facilities at brownfield sites (1) Definitions (A) Brownfield site The term brownfield site 42 U.S.C. 9601 (B) Production facility The term production facility 42 U.S.C. 2014 (C) Retired fossil fuel site The term retired fossil fuel site (D) Utilization facility The term utilization facility 42 U.S.C. 2014 (2) Identification of regulatory issues (A) In general Not later than 1 year after the date of enactment of this Act, the Commission shall evaluate the extent to which modification of regulations, guidance, or policy is needed to enable timely licensing reviews for, and to support the oversight of, production facilities or utilization facilities at brownfield sites. (B) Requirement In carrying out subparagraph (A), the Commission shall consider how licensing reviews for production facilities or utilization facilities at brownfield sites may be expedited by considering matters relating to siting and operating a production facility or a utilization facility at or near a retired fossil fuel site to support— (i) the reuse of existing site infrastructure, including— (I) electric switchyard components and transmission infrastructure; (II) heat-sink components; (III) steam cycle components; (IV) roads; (V) railroad access; and (VI) water availability; (ii) the use of early site permits; (iii) the utilization of plant parameter envelopes or similar standardized site parameters on a portion of a larger site; and (iv) the use of a standardized application for similar sites. (C) Report Not later than 14 months after the date of enactment of this Act, the Commission shall submit to the appropriate committees of Congress a report describing any regulations, guidance, and policies identified under subparagraph (A). (3) Licensing (A) In general Not later than 2 years after the date of enactment of this Act, the Commission shall— (i) develop and implement strategies to enable timely licensing reviews for, and to support the oversight of, production facilities or utilization facilities at brownfield sites, including retired fossil fuel sites; or (ii) initiate a rulemaking to enable timely licensing reviews for, and to support the oversight of, of production facilities or utilization facilities at brownfield sites, including retired fossil fuel sites. (B) Requirements In carrying out subparagraph (A), consistent with the mission of the Commission, the Commission shall consider matters relating to— (i) the use of existing site infrastructure; (ii) existing emergency preparedness organizations and planning; (iii) the availability of historical site-specific environmental data; (iv) previously approved environmental reviews required by the National Environmental Policy Act of 1969 42 U.S.C. 4321 et seq. (v) activities associated with the potential decommissioning of facilities or decontamination and remediation at brownfield sites; and (vi) community engagement and historical experience with energy production. (4) Report Not later than 3 years after the date of enactment of this Act, the Commission shall submit to the appropriate committees of Congress a report describing the actions taken by the Commission under paragraph (3). (l) Appalachian Regional Commission nuclear energy development (1) In general Subchapter I of chapter 145 of subtitle IV of title 40, United States Code, is amended by adding at the end the following: 14512. Appalachian Regional Commission nuclear energy development (a) Definitions In this section: (1) Brownfield site The term brownfield site 42 U.S.C. 9601 (2) Production facility The term production facility 42 U.S.C. 2014 (3) Retired Fossil Fuel Site The term retired fossil fuel site (4) Utilization facility The term utilization facility 42 U.S.C. 2014 (b) Authority The Appalachian Regional Commission may provide technical assistance to, make grants to, enter into contracts with, or otherwise provide amounts to individuals or entities in the Appalachian region for projects and activities— (1) to conduct research and analysis regarding the economic impact of siting, constructing, and operating a production facility or a utilization facility at a brownfield site, including a retired fossil fuel site; (2) to assist with workforce training or retraining to perform activities relating to the siting and operation of a production facility or a utilization facility at a brownfield site, including a retired fossil fuel site; and (3) to engage with the Nuclear Regulatory Commission, the Department of Energy, and other Federal agencies with expertise in civil nuclear energy. (c) Limitation on available amounts Of the cost of any project or activity eligible for a grant under this section— (1) except as provided in paragraphs (2) and (3), not more than 50 percent may be provided from amounts made available to carry out this section; (2) in the case of a project or activity to be carried out in a county for which a distressed county designation is in effect under section 14526, not more than 80 percent may be provided from amounts made available to carry out this section; and (3) in the case of a project or activity to be carried out in a county for which an at-risk county designation is in effect under section 14526, not more than 70 percent may be provided from amounts made available to carry out this section. (d) Sources of assistance Subject to subsection (c), a grant provided under this section may be provided from amounts made available to carry out this section, in combination with amounts made available— (1) under any other Federal program; or (2) from any other source. (e) Federal share Notwithstanding any provision of law limiting the Federal share under any other Federal program, amounts made available to carry out this section may be used to increase that Federal share, as the Appalachian Regional Commission determines to be appropriate. . (2) Authorization of appropriations Section 14703 of title 40, United States Code, is amended— (A) by redesignating subsections (e) and (f) as subsections (f) and (g), respectively; and (B) by inserting after subsection (d) the following: (e) Appalachian Regional Commission nuclear energy development Of the amounts made available under subsection (a), $5,000,000 may be used to carry out section 14512 for each of fiscal years 2023 through 2026. . (3) Clerical amendment The analysis for subchapter I of chapter 145 of subtitle IV of title 40, United States Code, is amended by striking the item relating to section 14511 and inserting the following: 14511. Appalachian regional energy hub initiative. 14512. Appalachian Regional Commission nuclear energy development. . (m) Foreign ownership (1) In general The prohibitions against issuing certain licenses for utilization facilities to certain corporations and other entities described in the second sentence of section 103 d. of the Atomic Energy Act of 1954 ( 42 U.S.C. 2133(d) 42 U.S.C. 2134(d) (A) the common defense and security; or (B) the health and safety of the public. (2) Entities described (A) In general An entity referred to in paragraph (1) is a corporation or other entity that is owned, controlled, or dominated by— (i) the government of— (I) a country that is a member of the Organisation for Economic Co-operation and Development on the date of enactment of this Act, subject to subparagraph (B); or (II) the Republic of India; (ii) a corporation that is incorporated in a country described in subclause (I) or (II) of clause (i); or (iii) an alien who is a national of a country described in subclause (I) or (II) of clause (i). (B) Exclusion An entity described in subparagraph (A)(i)(I) is not an entity referred to in paragraph (1), and paragraph (1) shall not apply to that entity, if, on the date of enactment of this Act— (i) the entity (or any department, agency, or instrumentality of the entity) is a person subject to sanctions under section 231 of the Countering America’s Adversaries Through Sanctions Act ( 22 U.S.C. 9525 (ii) any citizen of the entity, or any entity organized under the laws of, or otherwise subject to the jurisdiction of, the entity, is a person subject to sanctions under that section. (3) Technical amendment Section 103 d. of the Atomic Energy Act of 1954 ( 42 U.S.C. 2133(d) any any any (4) Savings clause Nothing in this subsection affects the requirements of section 721 of the Defense Production Act of 1950 ( 50 U.S.C. 4565 (n) Extension of the Price-Anderson Act (1) Extension Section 170 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2210 Price-Anderson Act December 31, 2025 December 31, 2045 (2) Liability Section 170 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2210 Price-Anderson Act (A) in subsection d. (5), by striking $500,000,000 $2,000,000,000 (B) in subsection e. (4), by striking $500,000,000 $2,000,000,000 (3) Report Section 170 p. of the Atomic Energy Act of 1954 ( 42 U.S.C. 2210(p) Price-Anderson Act December 31, 2021 December 31, 2041 (4) Definition of nuclear incident Section 11 q. of the Atomic Energy Act of 1954 ( 42 U.S.C. 2014(q) if such occurrence United States: (o) Report on advanced methods of manufacturing and construction for nuclear energy applications (1) In general Not later than 180 days after the date of enactment of this Act, the Commission shall submit to the appropriate committees of Congress a report (referred to in this subsection as the report (2) Stakeholder input In developing the report, the Commission shall seek input from— (A) the Secretary of Energy; (B) the nuclear energy industry; (C) National Laboratories; (D) institutions of higher education; (E) nuclear and manufacturing technology developers; (F) the manufacturing and construction industries, including manufacturing and construction companies with operating facilities in the United States; (G) standards development organizations; (H) labor unions; (I) nongovernmental organizations; and (J) other public stakeholders. (3) Contents (A) In general The report shall— (i) examine any unique licensing issues or requirements relating to the use of innovative— (I) advanced manufacturing processes; (II) advanced construction techniques; and (III) rapid improvement or iterative innovation processes; (ii) examine— (I) the requirements for nuclear-grade components in manufacturing and construction for nuclear energy applications; (II) opportunities to use standard materials, parts, or components in manufacturing and construction for nuclear energy applications; (III) opportunities to use standard materials that are in compliance with existing codes to provide acceptable approaches to support or encapsulate new materials that do not yet have applicable codes; and (IV) requirements relating to the transport of a fueled advanced nuclear reactor core from a manufacturing licensee to a licensee that holds a license to construct and operate a facility at a particular site; (iii) identify any safety aspects of innovative advanced manufacturing processes and advanced construction techniques that are not addressed by existing codes and standards, so that generic guidance may be updated or created, as necessary; (iv) identify options for addressing the issues, requirements, and opportunities examined under clauses (i) and (ii)— (I) within the existing regulatory framework; or (II) through a new rulemaking; (v) identify how addressing the issues, requirements, and opportunities examined under clauses (i) and (ii) will impact opportunities for domestic nuclear manufacturing and construction developers; and (vi) describe the extent to which Commission action is needed to implement any matter described in the report. (B) Cost estimates, budgets, and timeframes The report shall include cost estimates, proposed budgets, and proposed timeframes for implementing risk-informed and performance-based regulatory guidance for manufacturing and construction for nuclear energy applications. (p) Nuclear energy traineeship Section 313 of division C of the Omnibus Appropriations Act, 2009 ( 42 U.S.C. 16274a (1) in subsection (a), by striking Nuclear Regulatory (2) in subsection (b)(1), in the matter preceding subparagraph (A), by inserting and subsection (c) paragraph (2) (3) in subsection (c)— (A) by redesignating paragraph (2) as paragraph (5); and (B) by striking paragraph (1) and inserting the following: (1) Advanced nuclear reactor The term advanced nuclear reactor 42 U.S.C. 16271(b) (2) Commission The term Commission (3) Institution of higher education The term institution of higher education 42 U.S.C. 15801 (4) National Laboratory The term National Laboratory 42 U.S.C. 16271(b) ; (4) in subsection (d)(2), by striking Nuclear Regulatory (5) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; and (6) by inserting after subsection (b) the following: (c) Nuclear energy traineeship subprogram (1) In general The Commission shall establish, as a subprogram of the Program, a nuclear energy traineeship subprogram under which the Commission, in coordination with institutions of higher education and trade schools, shall competitively award traineeships that provide focused training to meet critical mission needs of the Commission and nuclear workforce needs, including needs relating to the nuclear tradecraft workforce. (2) Requirements In carrying out the nuclear energy traineeship subprogram described in paragraph (1), the Commission shall— (A) coordinate with the Secretary of Energy to prioritize the funding of traineeships that focus on— (i) nuclear workforce needs; and (ii) critical mission needs of the Commission; (B) encourage appropriate partnerships among— (i) National Laboratories; (ii) institutions of higher education; (iii) trade schools; (iv) the nuclear energy industry; and (v) other entities, as the Commission determines to be appropriate; and (C) on an annual basis, evaluate nuclear workforce needs for the purpose of implementing traineeships in focused topical areas that— (i) address the workforce needs of the nuclear energy community; and (ii) support critical mission needs of the Commission. . (q) Report on Commission readiness and capacity to license additional conversion and enrichment capacity to reduce reliance on uranium from Russia (1) In general Not later than 180 days after the date of enactment of this Act, the Commission shall submit to the appropriate committees of Congress, the Committee on Foreign Relations of the Senate, the Committee on Energy and Natural Resources of the Senate, and the Committee on Foreign Affairs of the House of Representatives a report on the readiness and capacity of the Commission to license additional conversion and enrichment capacity at existing and new fuel cycle facilities to reduce reliance on nuclear fuel that is recovered, converted, enriched, or fabricated by an entity that— (A) is owned or controlled by the Government of the Russian Federation; or (B) is organized under the laws of, or otherwise subject to the jurisdiction of, the Russian Federation. (2) Contents The report required under paragraph (1) shall analyze how the capacity of the Commission to license additional conversion and enrichment capacity at existing and new fuel cycle facilities may conflict with or restrict the readiness of the Commission to review advanced nuclear reactor applications. (r) Annual report on the spent nuclear fuel and high-level radioactive waste inventory in the United States (1) Definitions In this subsection: (A) High-level radioactive waste The term high-level radioactive waste 42 U.S.C. 10101 (B) Spent nuclear fuel The term spent nuclear fuel 42 U.S.C. 10101 (C) Standard contract The term standard contract contract (2) Report Not later than January 1, 2025, and annually thereafter, the Secretary of Energy shall submit to Congress a report that describes— (A) the annual and cumulative amount of payments made by the United States to the holder of a standard contract due to a partial breach of contract under the Nuclear Waste Policy Act of 1982 42 U.S.C. 10101 et seq. (B) the cumulative amount spent by the Department of Energy since fiscal year 2008 to reduce future payments projected to be made by the United States to any holder of a standard contract due to a partial breach of contract under the Nuclear Waste Policy Act of 1982 42 U.S.C. 10101 et seq. (C) the cumulative amount spent by the Department of Energy to store, manage, and dispose of spent nuclear fuel and high-level radioactive waste in the United States as of the date of the report; (D) the projected lifecycle costs to store, manage, transport, and dispose of the projected inventory of spent nuclear fuel and high-level radioactive waste in the United States, including spent nuclear fuel and high-level radioactive waste expected to be generated from existing reactors through 2050; (E) any mechanisms for better accounting of liabilities for the lifecycle costs of the spent nuclear fuel and high-level radioactive waste inventory in the United States; (F) any recommendations for improving the methods used by the Department of Energy for the accounting of spent nuclear fuel and high-level radioactive waste costs and liabilities; (G) any actions taken in the previous fiscal year by the Department of Energy with respect to interim storage; and (H) any activities taken in the previous fiscal year by the Department of Energy to develop and deploy nuclear technologies and fuels that enhance the safe transportation or storage of spent nuclear fuel or high-level radioactive waste, including technologies to protect against seismic, flooding, and other extreme weather events. (s) Authorization of appropriations for superfund actions at abandoned mining sites on Tribal land (1) Definitions In this subsection: (A) Eligible non- NPL The term eligible non-NPL site (i) that is not on the National Priorities List; but (ii) with respect to which the Administrator determines that— (I) the site would be eligible for listing on the National Priorities List based on the presence of hazards from contamination at the site, applying the hazard ranking system described in section 105(c) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9605(c) (II) for removal site evaluations, engineering evaluations/cost analyses, remedial planning activities, remedial investigations and feasibility studies, and other actions taken pursuant to section 104(b) of that Act ( 42 U.S.C. 9604 (aa) has undergone a pre-CERCLA screening; and (bb) is included in the Superfund Enterprise Management System. (B) Indian Tribe The term Indian Tribe 25 U.S.C. 5304 (C) National Priorities List The term National Priorities List 42 U.S.C. 9605(a)(8)(B) (D) Remedial action; removal; response The terms remedial action removal response 42 U.S.C. 9601 (E) Tribal land The term Tribal land Indian country (2) Authorization of appropriations There are authorized to be appropriated for each of fiscal years 2023 through 2032, to remain available until expended— (A) $97,000,000 to the Administrator to carry out this subsection (except for paragraph (4)); and (B) $3,000,000 to the Administrator of the Agency for Toxic Substances and Disease Registry to carry out paragraph (4). (3) Uses of amounts Amounts appropriated under paragraph (2)(A) shall be used by the Administrator— (A) to carry out removal actions on abandoned mine land located on Tribal land; (B) to carry out response actions, including removal and remedial planning activities, removal and remedial studies, remedial actions, and other actions taken pursuant to section 104(b) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9604(b) (i) eligible non-NPL sites; and (ii) sites listed on the National Priorities List; and (C) to make grants under paragraph (5). (4) Health assessments Subject to the availability of appropriations, the Agency for Toxic Substances and Disease Registry, in coordination with Tribal health authorities, shall perform 1 or more health assessments at each eligible non-NPL site that is located on Tribal land, in accordance with section 104(i)(6) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9604(i)(6) (5) Tribal grants (A) In general The Administrator may use amounts appropriated under paragraph (2)(A) to make grants to eligible entities described in subparagraph (B) for the purposes described in subparagraph (C). (B) Eligible entities described An eligible entity referred to in subparagraph (A) is— (i) the governing body of an Indian Tribe; or (ii) a legally established organization of Indians that— (I) is controlled, sanctioned, or chartered by the governing bodies of 2 or more Indian Tribes to be served, or that is democratically elected by the adult members of the Indian community to be served, by that organization; and (II) includes the maximum participation of Indians in all phases of the activities of that organization. (C) Use of grant funds A grant under this paragraph shall be used— (i) in accordance with the second sentence of section 117(e)(1) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9617(e)(1) (ii) for obtaining technical assistance in carrying out response actions under clause (iii); or (iii) for carrying out response actions, if the Administrator determines that the Indian Tribe has the capability to carry out any or all of those response actions in accordance with the criteria and priorities established pursuant to section 105(a)(8) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9605(a)(8) (D) Applications An eligible entity desiring a grant under this paragraph shall submit to the Administrator an application at such time, in such manner, and containing such information as the Administrator may require. (E) Limitations A grant under this paragraph shall be governed by the rules, procedures, and limitations described in section 117(e)(2) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9617(e)(2) (i) Administrator of the Environmental Protection Agency President (ii) in the first sentence of that section, under subsection (s) of the ADVANCE Act of 2023 under this subsection (6) Statute of limitations If a remedial action described in paragraph (3)(B) is scheduled at an eligible non-NPL site, no action may be commenced for damages (as defined in section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 42 U.S.C. 9601 42 U.S.C. 9613(g)(1) (7) Coordination The Administrator shall coordinate with the Indian Tribe on whose land the applicable site is located in— (A) selecting and prioritizing sites for response actions under subparagraphs (A) and (B) of paragraph (3); and (B) carrying out those response actions. (t) Development, qualification, and licensing of advanced nuclear fuel concepts (1) In General The Commission shall establish an initiative to enhance preparedness and coordination with respect to the qualification and licensing of advanced nuclear fuel. (2) Agency Coordination Not later than 180 days after the date of enactment of this Act, the Commission and the Secretary of Energy shall enter into a memorandum of understanding— (A) to share technical expertise and knowledge through— (i) enabling the testing and demonstration of accident tolerant fuels for existing commercial nuclear reactors and advanced nuclear reactor fuel concepts to be proposed and funded, in whole or in part, by the private sector; (ii) operating a database to store and share data and knowledge relevant to nuclear science and engineering between Federal agencies and the private sector; (iii) leveraging expertise with respect to safety analysis and research relating to advanced nuclear fuel; and (iv) enabling technical staff to actively observe and learn about technologies, with an emphasis on identification of additional information needed with respect to advanced nuclear fuel; and (B) to ensure that— (i) the Department of Energy has sufficient technical expertise to support the timely research, development, demonstration, and commercial application of advanced nuclear fuel; (ii) the Commission has sufficient technical expertise to support the evaluation of applications for licenses, permits, and design certifications and other requests for regulatory approval for advanced nuclear fuel; (iii) (I) the Department of Energy maintains and develops the facilities necessary to enable the timely research, development, demonstration, and commercial application by the civilian nuclear industry of advanced nuclear fuel; and (II) the Commission has access to the facilities described in subclause (I), as needed; and (iv) the Commission consults, as appropriate, with the modeling and simulation experts at the Office of Nuclear Energy of the Department of Energy, at the National Laboratories, and within industry fuel vendor teams in cooperative agreements with the Department of Energy to leverage physics-based computer modeling and simulation capabilities. (3) Report (A) In general Not later than 1 year after the date of enactment of this Act, the Commission shall submit to the appropriate committees of Congress a report describing the efforts of the Commission under paragraph (1), including— (i) an assessment of the preparedness of the Commission to review and qualify for use— (I) accident tolerant fuel; (II) ceramic cladding materials; (III) fuels containing silicon carbide; (IV) high-assay, low-enriched uranium fuels; (V) molten-salt based liquid fuels; (VI) fuels derived from spent nuclear fuel or depleted uranium; and (VII) other related fuel concepts, as determined by the Commission; (ii) activities planned or undertaken under the memorandum of understanding described in paragraph (2); (iii) an accounting of the areas of research needed with respect to advanced nuclear fuel; and (iv) any other challenges or considerations identified by the Commission. (B) Consultation In developing the report under subparagraph (A), the Commission shall seek input from— (i) the Secretary of Energy; (ii) National Laboratories; (iii) the nuclear energy industry; (iv) technology developers; (v) nongovernmental organizations; and (vi) other public stakeholders. (u) Commission workforce (1) Definition of Chairman In this subsection, the term Chairman (2) Hiring bonus and appointment authority (A) In general Notwithstanding section 161 d. of the Atomic Energy Act of 1954 ( 42 U.S.C. 2201(d) (i) establish the positions described in subparagraph (B); and (ii) appoint persons to the positions established under clause (i). (B) Positions described The positions referred to in subparagraph (A)(i) are— (i) permanent or term-limited positions with highly specialized scientific, engineering, and technical competencies to address a critical licensing or regulatory oversight need for the Commission, including— (I) health physicist; (II) reactor operations engineer; (III) human factors analyst or engineer; (IV) risk and reliability analyst or engineer; (V) licensing project manager; (VI) reactor engineer for severe accidents; (VII) geotechnical engineer; (VIII) structural engineer; (IX) reactor systems engineer; (X) reactor engineer; (XI) radiation scientist; (XII) seismic engineer; and (XIII) electronics engineer; or (ii) permanent or term-limited positions to be filled by exceptionally well-qualified individuals that the Chairman, subject to paragraph (5), determines are necessary to fulfill the mission of the Commission. (C) Limitations (i) In general Appointments under subparagraph (A)(ii) may be made to not more than— (I) (aa) 15 permanent positions described in subparagraph (B)(i) during fiscal year 2024; and (bb) 10 permanent positions described in subparagraph (B)(i) during each fiscal year thereafter; (II) (aa) 15 term-limited positions described in subparagraph (B)(i) during fiscal year 2024; and (bb) 10 term-limited positions described in subparagraph (B)(i) during each fiscal year thereafter; (III) (aa) 15 permanent positions described in subparagraph (B)(ii) during fiscal year 2024; and (bb) 10 permanent positions described in subparagraph (B)(ii) during each fiscal year thereafter; and (IV) (aa) 15 term-limited positions described in subparagraph (B)(ii) during fiscal year 2024; and (bb) 10 term-limited positions described in subparagraph (B)(ii) during each fiscal year thereafter. (ii) Term of term-limited appointment If a person is appointed to a term-limited position described in clause (i) or (ii) of subparagraph (B), the term of that appointment shall not exceed 4 years. (iii) Staff positions Subject to paragraph (5), appointments made to positions established under this paragraph shall be to a range of staff positions that are of entry, mid, and senior levels, to the extent practicable. (D) Hiring bonus The Commission may pay a person appointed under subparagraph (A) a 1-time hiring bonus in an amount not to exceed the least of— (i) $25,000; (ii) the amount equal to 15 percent of the annual rate of basic pay of the employee; and (iii) the amount of the limitation that is applicable for a calendar year under section 5307(a)(1) of title 5, United States Code. (3) Compensation and appointment authority (A) In general Notwithstanding section 161 d. of the Atomic Energy Act of 1954 ( 42 U.S.C. 2201(d) (i) establish and fix the rates of basic pay for the positions described in subparagraph (B); and (ii) appoint persons to the positions established under clause (i). (B) Positions described The positions referred to in subparagraph (A)(i) are— (i) positions with highly specialized scientific, engineering, and technical competencies to address a critical need for the Commission, including— (I) health physicist; (II) reactor operations engineer; (III) human factors analyst or engineer; (IV) risk and reliability analyst or engineer; (V) licensing project manager; (VI) reactor engineer for severe accidents; (VII) geotechnical engineer; (VIII) structural engineer; (IX) reactor systems engineer; (X) reactor engineer; (XI) radiation scientist; (XII) seismic engineer; and (XIII) electronics engineer; or (ii) positions to be filled by exceptionally well-qualified persons that the Chairman, subject to paragraph (5), determines are necessary to fulfill the mission of the Commission. (C) Limitations (i) In general The annual rate of basic pay for a position described in subparagraph (B) may not exceed the per annum rate of salary payable for level III of the Executive Schedule under section 5314 of title 5, United States Code. (ii) Number of positions Appointments under subparagraph (A)(ii) may be made to not more than— (I) 10 positions described in subparagraph (B)(i) per fiscal year, not to exceed a total of 50 positions; and (II) 10 positions described in subparagraph (B)(ii) per fiscal year, not to exceed a total of 50 positions. (D) Performance bonus (i) In general Subject to clauses (ii) and (iii), an employee may be paid a 1-time performance bonus in an amount not to exceed the least of— (I) $25,000; (II) the amount equal to 15 percent of the annual rate of basic pay of the person; and (III) the amount of the limitation that is applicable for a calendar year under section 5307(a)(1) of title 5, United States Code. (ii) Performance Any 1-time performance bonus under clause (i) shall be made to a person who demonstrated exceptional performance in the applicable fiscal year, including— (I) leading a project team in a timely, efficient, and predictable licensing review to enable the safe use of nuclear technology; (II) making significant contributions to a timely, efficient, and predictable licensing review to enable the safe use of nuclear technology; (III) the resolution of novel or first-of-a-kind regulatory issues; (IV) developing or implementing licensing or regulatory oversight processes to improve the effectiveness of the Commission; and (V) other performance, as determined by the Chairman, subject to paragraph (5). (iii) Limitations The Commission may pay a 1-time performance bonus under clause (i) for not more than 15 persons per fiscal year, and a person who receives a 1-time performance bonus under that clause may not receive another 1-time performance bonus under that clause for a period of 5 years thereafter. (4) Annual solicitation for Nuclear Regulator Apprenticeship Network applications The Chairman, on an annual basis, shall solicit applications for the Nuclear Regulator Apprenticeship Network. (5) Application of merit system principles To the maximum extent practicable, appointments under paragraphs (2)(A) and (3)(A) and any 1-time performance bonus under paragraph (3)(D) shall be made in accordance with the merit system principles set forth in section 2301 of title 5, United States Code. (6) Delegation Pursuant to Reorganization Plan No. 1 of 1980 (94 Stat. 3585; 5 U.S.C. app.), the Chairman shall delegate, subject to the direction and supervision of the Chairman, the authority provided by paragraphs (2), (3), and (4) to the Executive Director for Operations of the Commission. (7) Annual report The Commission shall include in the annual budget justification of the Commission— (A) information that describes— (i) the total number of and the positions of the persons appointed under the authority provided by paragraph (2); (ii) the total number of and the positions of the persons paid at the rate determined under the authority provided by paragraph (3)(A); (iii) the total number of and the positions of the persons paid a 1-time performance bonus under the authority provided by paragraph (3)(D); (iv) how the authority provided by paragraphs (2) and (3) is being used, and has been used during the previous fiscal year, to address the hiring and retention needs of the Commission with respect to the positions described in those subsections to which that authority is applicable; (v) if the authority provided by paragraphs (2) and (3) is not being used, or has not been used, the reasons, including a justification, for not using that authority; and (vi) the attrition levels with respect to the term-limited appointments made under paragraph (2), including, with respect to persons leaving a position before completion of the applicable term of service, the average length of service as a percentage of the term of service; (B) an assessment of— (i) the current critical workforce needs of the Commission, including any critical workforce needs that the Commission anticipates in the subsequent 5 fiscal years; and (ii) further skillsets that are or will be needed for the Commission to fulfill the licensing and oversight responsibilities of the Commission; and (C) the plans of the Commission to assess, develop, and implement updated staff performance standards, training procedures, and schedules. (8) Report on attrition and effectiveness Not later than September 30, 2032, the Commission shall submit to the Committees on Appropriations and Environment and Public Works of the Senate and the Committees on Appropriations and Energy and Commerce of the House of Representatives a report that— (A) describes the attrition levels with respect to the term-limited appointments made under paragraph (2), including, with respect to persons leaving a position before completion of the applicable term of service, the average length of service as a percentage of the term of service; (B) provides the views of the Commission on the effectiveness of the authorities provided by paragraphs (2) and (3) in helping the Commission fulfill the mission of the Commission; and (C) makes recommendations with respect to whether the authorities provided by paragraphs (2) and (3) should be continued, modified, or discontinued. (v) Commission corporate support funding (1) Report Not later than 3 years after the date of enactment of this Act, the Commission shall submit to the appropriate committees of Congress and make publicly available a report that describes— (A) the progress on the implementation of section 102(a)(3) of the Nuclear Energy Innovation and Modernization Act ( 42 U.S.C. 2215(a)(3) (B) whether the Commission is meeting and is expected to meet the total budget authority caps required for corporate support under that section. (2) Limitation on corporate support costs Section 102(a)(3) of the Nuclear Energy Innovation and Modernization Act ( 42 U.S.C. 2215(a)(3) (B) 30 percent for fiscal year 2024 and each fiscal year thereafter. . (3) Corporate support costs clarification Paragraph (9) of section 3 of the Nuclear Energy Innovation and Modernization Act ( 42 U.S.C. 2215 Public Law 115–439 (A) by striking The term (A) In general The term ; and (B) by adding at the end the following: (B) Exclusions The term corporate support costs (i) costs for rent and utilities relating to any and all space in the Three White Flint North building that is not occupied by the Commission; or (ii) costs for salaries, travel, and other support for the Office of the Commission. . (w) Performance and reporting update Section 102(c) of the Nuclear Energy Innovation and Modernization Act ( 42 U.S.C. 2215(c) (1) in paragraph (3)— (A) in the paragraph heading, by striking 180 90 (B) by striking 180 90 (2) by adding at the end the following: (4) Periodic updates to metrics and schedules (A) Review and assessment Not less frequently than once every 3 years, the Commission shall review and assess, based on the licensing and regulatory activities of the Commission, the performance metrics and milestone schedules established under paragraph (1). (B) Revisions After each review and assessment under subparagraph (A), the Commission shall revise and improve, as appropriate, the performance metrics and milestone schedules described in that subparagraph to provide the most efficient metrics and schedules reasonably achievable. . (x) Nuclear closure communities (1) Definitions In this subsection: (A) Community advisory board The term community advisory board (B) Decommission The term decommission (C) Eligible recipient The term eligible recipient 42 U.S.C. 3122 (D) Licensee The term licensee (E) Nuclear closure community The term nuclear closure community (i) is not co-located with an operating nuclear power plant; (ii) is at a site with spent nuclear fuel; and (iii) as of the date of enactment of this Act— (I) has ceased operations; or (II) has provided a written notification to the Commission that it will cease operations. (F) Secretary The term Secretary (2) Establishment Not later than 180 days after the date of enactment of this Act, the Secretary shall establish a grant program to provide grants to eligible recipients— (A) to assist with economic development in nuclear closure communities; and (B) to fund community advisory boards in nuclear closure communities. (3) Requirement In carrying out this subsection, to the maximum extent practicable, the Secretary shall implement the recommendations described in the report submitted to Congress under section 108 of the Nuclear Energy Innovation and Modernization Act ( Public Law 115–439 Best Practices for Establishment and Operation of Local Community Advisory Boards Associated with Decommissioning Activities at Nuclear Power Plants (4) Distribution of funds The Secretary shall establish a formula to ensure, to the maximum extent practicable, geographic diversity among grant recipients under this subsection. (5) Authorization of appropriations (A) In general There are authorized to be appropriated to the Secretary— (i) to carry out paragraph (2)(A), $35,000,000 for each of fiscal years 2023 through 2028; and (ii) to carry out paragraph (2)(B), $5,000,000 for each of fiscal years 2023 through 2025. (B) Availability Amounts made available under this subsection shall remain available for a period of 5 years beginning on the date on which the amounts are made available. (C) No offset None of the funds made available under this subsection may be used to offset the funding for any other Federal program. (y) Technical correction Section 104 c. of the Atomic Energy Act of 1954 ( 42 U.S.C. 2134(c) (1) by striking the third sentence and inserting the following: (3) Limitation on utilization facilities The Commission may issue a license under this section for a utilization facility useful in the conduct of research and development activities of the types specified in section 31 if— (A) not more than 75 percent of the annual costs to the licensee of owning and operating the facility are devoted to the sale, other than for research and development or education and training, of— (i) nonenergy services; (ii) energy; or (iii) a combination of nonenergy services and energy; and (B) not more than 50 percent of the annual costs to the licensee of owning and operating the facility are devoted to the sale of energy. ; (2) in the second sentence, by striking The Commission (2) Regulation The Commission ; and (3) by striking c. The Commission c. Research and development activities (1) In general Subject to paragraphs (2) and (3), the Commission . (z) Report on engagement with the Government of Canada with respect to nuclear waste issues in the Great Lakes Basin Not later than 1 year after the date of enactment of this Act, the Commission shall submit to the appropriate committees of Congress, the Committee on Foreign Relations of the Senate, the Committee on Energy and Natural Resources of the Senate, and the Committee on Foreign Affairs of the House of Representatives a report describing any engagement between the Commission and the Government of Canada with respect to nuclear waste issues in the Great Lakes Basin. (aa) Savings clause Nothing in this section affects authorities of the Department of State. F Department of State Authorization Act of 2023 6001. Short title; table of contents (a) Short title This division may be cited as the Department of State Authorization Act of 2023 (b) Table of contents The table of contents for this division is as follows: DIVISION F—Department of State Authorization Act of 2023 Sec. 6001. Short title; table of contents. Sec. 6002. Definitions. TITLE LXI—Diplomatic security and consular affairs Sec. 6101. Special hiring authority for passport services. Sec. 6102. Quarterly report on passport wait times. Sec. 6103. Passport travel advisories. Sec. 6104. Strategy to ensure access to passport services for all Americans. Sec. 6105. Strengthening the National Passport Information Center. Sec. 6106. Strengthening passport customer visibility and transparency. Sec. 6107. Annual Office of Authentications report. Sec. 6108. Increased accountability in assignment restrictions and reviews. Sec. 6109. Suitability reviews for Foreign Service Institute instructors. Sec. 6110. Diplomatic security fellowship programs. TITLE LXII—Personnel matters Subtitle A—Hiring, promotion, and development Sec. 6201. Adjustment to promotion precepts. Sec. 6202. Hiring authorities. Sec. 6203. Extending paths to service for paid student interns. Sec. 6204. Lateral Entry Program. Sec. 6205. Mid-Career Mentoring Program. Sec. 6206. Report on the Foreign Service Institute’s language program . Sec. 6207. Consideration of career civil servants as chiefs of missions. Sec. 6208. Civil service rotational program. Sec. 6209. Reporting requirement on chiefs of mission. Sec. 6210. Report on chiefs of mission and deputy chiefs of mission. Sec. 6211. Protection of retirement annuity for reemployment by Department. Sec. 6212. Efforts to improve retention and prevent retaliation. Sec. 6213. National advertising campaign. Sec. 6214. Expansion of diplomats in residence programs. Subtitle B—Pay, benefits, and workforce matters Sec. 6221. Education allowance. Sec. 6222. Per diem allowance for newly hired members of the Foreign Service. Sec. 6223. Improving mental health services for foreign and civil servants. Sec. 6224. Emergency back-up care. Sec. 6225. Authority to provide services to non-chief of mission personnel. Sec. 6226. Exception for government-financed air transportation. Sec. 6227. Enhanced authorities to protect locally employed staff during emergencies. Sec. 6228. Internet at hardship posts. Sec. 6229. Competitive local compensation plan. Sec. 6230. Supporting tandem couples in the Foreign Service. Sec. 6231. Accessibility at diplomatic missions. Sec. 6232. Report on breastfeeding accommodations overseas. Sec. 6233. Determining the effectiveness of knowledge transfers between Foreign Service Officers. Sec. 6234. Education allowance for dependents of Department of State employees located in United States territories. TITLE LXIII—Information security and cyber diplomacy Sec. 6301. Data-informed diplomacy. Sec. 6302. Establishment and expansion of the Bureau Chief Data Officer Program. Sec. 6303. Establishment of the Chief Artificial Intelligence Officer of the Department of State. Sec. 6304. Strengthening the Chief Information Officer of the Department of State. Sec. 6305. Sense of Congress on strengthening enterprise governance. Sec. 6306. Digital connectivity and cybersecurity partnership. Sec. 6307. Establishment of a cyberspace, digital connectivity, and related technologies (CDT) fund. Sec. 6308. Cyber protection support for personnel of the Department of State in positions highly vulnerable to cyber attack. TITLE LXIV—Organization and operations Sec. 6401. Personal services contractors. Sec. 6402. Hard-to-fill posts. Sec. 6403. Enhanced oversight of the Office of Civil Rights. Sec. 6404. Crisis response operations. Sec. 6405. Special Envoy to the Pacific Islands Forum. Sec. 6406. Special Envoy for Belarus. Sec. 6407. Overseas placement of special appointment positions. Sec. 6408. Resources for United States nationals unlawfully or wrongfully detained abroad. TITLE LXV—Economic diplomacy Sec. 6501. Report on recruitment, retention, and promotion of Foreign Service economic officers. Sec. 6502. Mandate to revise Department of State metrics for successful economic and commercial diplomacy. Sec. 6503. Chief of mission economic responsibilities. Sec. 6504. Direction to embassy deal teams. Sec. 6505. Establishment of a Deal Team of the Year TITLE LXVI—Public diplomacy Sec. 6601. Public diplomacy outreach. Sec. 6602. Modification on use of funds for Radio Free Europe/Radio Liberty. Sec. 6603. International broadcasting. Sec. 6604. John Lewis Civil Rights Fellowship program. Sec. 6605. Domestic engagement and public affairs. Sec. 6606. Extension of Global Engagement Center. Sec. 6607. Paperwork Reduction Act. Sec. 6608. Modernization and enhancement strategy. TITLE LXVII—Other matters Sec. 6701. Internships of United States nationals at international organizations. Sec. 6702. Training for international organizations. Sec. 6703. Modification to transparency on international agreements and non-binding instruments. Sec. 6704. Report on partner forces utilizing United States security assistance identified as using hunger as a weapon of war. Sec. 6705. Infrastructure projects and investments by the United States and People’s Republic of China. Sec. 6706. Special envoys. Sec. 6707. US–ASEAN Center. Sec. 6708. Briefings on the United States-European Union Trade and Technology Council. Sec. 6709. Modification and repeal of reports. Sec. 6710. Modification of Build Act of 2018 to prioritize projects that advance national security. Sec. 6711. Permitting for international bridges. TITLE LXVIII—AUKUS matters Sec. 6801. Definitions. Subtitle A—Outlining the AUKUS partnership Sec. 6811. Statement of policy on the AUKUS partnership. Sec. 6812. Senior Advisor for the AUKUS partnership at the Department of State. Subtitle B—Authorization for AUKUS submarine training Sec. 6823. Australia, United Kingdom, and United States submarine security training. Subtitle C—Streamlining and protecting transfers of United States military technology from compromise Sec. 6831. Priority for Australia and the United Kingdom in Foreign Military Sales and Direct Commercial Sales. Sec. 6832. Identification and pre-clearance of platforms, technologies, and equipment for sale to Australia and the United Kingdom through Foreign Military Sales and Direct Commercial Sales. Sec. 6833. Export control exemptions and standards. Sec. 6834. Expedited review of export licenses for exports of advanced technologies to Australia, the United Kingdom, and Canada. Sec. 6835. United States Munitions List. Subtitle D—Other AUKUS matters Sec. 6841. Reporting related to the AUKUS partnership. 6002. Definitions In this division: (1) Appropriate congressional committees The term appropriate congressional committees (2) Department The term Department (3) Secretary The term Secretary LXI Diplomatic security and consular affairs 6101. Special hiring authority for passport services During the 3-year period beginning on the date of the enactment of this Act, the Secretary of State, without regard to the provisions under sections 3309 through 3318 of title 5, United States Code, may directly appoint up to 80 candidates to positions in the competitive service (as defined in section 2102 6102. Quarterly report on passport wait times Not later than 30 days after the date of the enactment of this Act, and quarterly thereafter for the following 3 years, the Secretary shall submit a report to the appropriate congressional committees that describes— (1) the current estimated wait times for passport processing; (2) the steps that have been taken by the Department to reduce wait times to a reasonable time; (3) efforts to improve the rollout of the online passport renewal processing program, including how much of passport revenues the Department is spending on consular systems modernization; (4) the demand for urgent passport services by major metropolitan area; (5) the steps that have been taken by the Department to reduce and meet the demand for urgent passport services, particularly in areas that are greater than 5 hours driving time from the nearest passport agency; and (6) how the Department details its staff and resources to passport services programs. 6103. Passport travel advisories Not later than 180 days after the date of the enactment of this Act, the Department shall make prominently available in United States regular passports, on the first three pages of the passport, the following information: (1) A prominent, clear advisory for all travelers to check travel.state.gov for updated travel warnings and advisories. (2) A prominent, clear notice urging all travelers to register with the Department prior to overseas travel. (3) A prominent, clear advisory— (A) noting that many countries deny entry to travelers during the last 6 months of their passport validity period; and (B) urging all travelers to renew their passport not later than 1 year prior to its expiration. 6104. Strategy to ensure access to passport services for all Americans Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit a strategy to the appropriate congressional committees, the Committee on Appropriations of the Senate, and the Committee on Appropriations of the House of Representatives for ensuring reasonable access to passport services for all Americans, which shall include— (1) a detailed strategy describing how the Department could— (A) by not later than 1 year after submission of the strategy, reduce passport processing times to an acceptable average for renewals and for expedited service; and (B) by not later than 2 years after the submission of the strategy, provide United States residents living in a significant population center more than a 5-hour drive from a passport agency with urgent, in-person passport services, including the possibility of building new passport agencies; and (2) a description of the specific resources required to implement the strategy. 6105. Strengthening the National Passport Information Center (a) Sense of Congress It is the sense of Congress that passport wait times since 2021 have been unacceptably long and have created frustration among those seeking to obtain or renew passports. (b) Online chat feature The Department should develop an online tool with the capability for customers to correspond with customer service representatives regarding questions and updates pertaining to their application for a passport or for the renewal of a passport. (c) GAO report Not later than 90 days after the date of the enactment of this Act, the Comptroller General of the United States shall initiate a review of NPIC operations, which shall include an analysis of the extent to which NPIC— (1) responds to constituent inquiries by telephone, including how long constituents are kept on hold and their ability to be placed in a queue; (2) provides personalized customer service; (3) maintains its telecommunications infrastructure to ensure it effectively handles call volumes; and (4) other relevant issues the Comptroller General deems appropriate. 6106. Strengthening passport customer visibility and transparency (a) Online status tool Not later than 2 years after the date of the enactment of this Act, the Department should modernize the online passport application status tool to include, to the greatest extent possible, step by step updates on the status of their application, including with respect to the following stages: (1) Submitted for processing. (2) In process at a lockbox facility. (3) Awaiting adjudication. (4) In process of adjudication. (5) Adjudicated with a result of approval or denial. (6) Materials shipped. (b) Additional information The tool pursuant to subsection (a) should include a display that informs each passport applicant of— (1) the date on which his or her passport application was received; and (2) the estimated wait time remaining in the passport application process. (c) Report Not later than 90 days after the date of the enactment of this Act, the Assistant Secretary of State for Consular Affairs shall submit a report to the appropriate congressional committees that outlines a plan for coordinated comprehensive public outreach to increase public awareness and understanding of— (1) the online status tool required under subsection (a); (2) passport travel advisories required under section 6103; and (3) passport wait times. 6107. Annual Office of Authentications report (a) Report The Assistant Secretary of State for Consular Affairs shall submit an annual report for 5 years to the appropriated congressional committees that describes— (1) the number of incoming authentication requests, broken down by month and type of request, to show seasonal fluctuations in demand; (2) the average time taken by the Office of Authentications of the Department of State to authenticate documents, broken down by month to show seasonal fluctuations in wait times; (3) how the Department of State details staff to the Office of Authentications; and (4) the impact that hiring additional, permanent, dedicated staff for the Office of Authentications would have on the processing times referred to in paragraph (2). (b) Authorization The Secretary of State is authorized to hire additional, permanent, dedicated staff for the Office of Authentications. 6108. Increased accountability in assignment restrictions and reviews (a) Sense of Congress It is the sense of Congress that— (1) the use of policies to restrict personnel from serving in certain assignments may undermine the Department’s ability to deploy relevant cultural and linguistic skills at diplomatic posts abroad if not applied judiciously; and (2) the Department should continuously evaluate all processes relating to assignment restrictions, assignment reviews, and preclusions at the Department. (b) Notification of status Beginning not later than 90 days after the date of the enactment of this Act, the Secretary shall— (1) provide a status update for all Department personnel who, prior to such date of enactment, were subject to a prior assignment restriction, assignment review, or preclusion for whom a review or decision related to assignment is pending; and (2) on an ongoing basis, provide a status update for any Department personnel who has been the subject of a pending assignment restriction or pending assignment review for more than 30 days. (c) Notification content The notification required under subsection (b) shall inform relevant personnel, as of the date of the notification— (1) whether any prior assignment restriction has been lifted; (2) if their assignment status is subject to ongoing review, and an estimated date for completion; and (3) if they are subject to any other restrictions on their ability to serve at posts abroad. (d) Adjudication of ongoing assignment reviews (1) Time limit The Department shall establish a reasonable time limit for the Department to complete an assignment review and establish a deadline by which it must inform personnel of a decision related to such a review. (2) Appeals For any personnel the Department determines are ineligible to serve in an assignment due to an assignment restriction or assignment review, a Security Appeal Panel shall convene not later than 120 days of an appeal being filed. (3) Entry-level bidding process The Department shall include a description of the assignment review process and critical human intelligence threat posts in a briefing to new officers as part of their entry-level bidding process. (4) Point of contact The Department shall designate point of contacts in the Bureau of Diplomatic Security and Bureau of Global Talent Management to answer employee and Career Development Officer questions about assignment restrictions, assignment reviews, and preclusions. (e) Security appeal panel Not later than 90 days after the date of the enactment of this Act, the Security Appeal Panel shall be comprised of— (1) the head of an office responsible for human resources or discrimination who reports directly to the Secretary; (2) the Principal Deputy Assistant Secretary for the Bureau of Global Talent Management; (3) the Principal Deputy Assistant Secretary for the Bureau of Intelligence and Research; (4) an Assistant Secretary or Deputy, or equivalent, from a third bureau as designated by the Under Secretary for Management; (5) a representative from the geographic bureau to which the restriction applies; and (6) a representative from the Office of the Legal Adviser and a representative from the Bureau of Diplomatic Security, who shall serve as non-voting advisors. (f) Appeal rights Section 414(a) of the Department of State Authorities Act, Fiscal Year 2017 ( 22 U.S.C. 2734c(a) The Secretary shall establish and maintain a right and process for employees to appeal a decision related to an assignment, based on a restriction, review, or preclusion. Such right and process shall ensure that any such employee shall have the same appeal rights as provided by the Department regarding denial or revocation of a security clearance. (g) FAM update Not later than 120 days after the date of the enactment of this Act, the Secretary shall amend all relevant provisions of the Foreign Service Manual, and any associated or related policies of the Department, to comply with this section. 6109. Suitability reviews for Foreign Service Institute instructors The Secretary shall ensure that all instructors at the Foreign Service Institute, including direct hires and contractors, who provide language instruction are— (1) subject to suitability reviews and background investigations; and (2) subject to continuous vetting or reinvestigations to the extend consistent with Department and Executive policy for other Department personnel. 6110. Diplomatic security fellowship programs (a) In general Section 47 of the State Department Basic Authorities Act of 1956 ( 22 U.S.C. 2719 (1) by striking The Secretary (a) In general The Secretary ; and (2) by adding at the end the following new subsection: (b) Diplomatic security fellowship programs (1) Establishment The Secretary of State, working through the Assistant Secretary for Diplomatic Security, is authorized to establish Diplomatic Security fellowship programs to provide grants to United States nationals pursuing undergraduate studies who commit to pursuing a career as a special agent, security engineering officer, or in the civil service in the Bureau of Diplomatic Security. (2) Rulemaking The Secretary is authorized to promulgate regulations for the administration of Diplomatic Security fellowship programs that set forth— (A) the eligibility requirements for receiving a grant under this subsection; (B) the process by which eligible applicants may request such a grant; (C) the maximum amount of such a grant; and (D) the educational progress to which all grant recipients are obligated. . (b) Authorization of appropriations There is authorized to be appropriated $2,000,000 for each of fiscal years 2024 through 2028 to carry out this section. LXII Personnel matters A Hiring, promotion, and development 6201. Adjustment to promotion precepts Section 603(b) of the Foreign Service Act of 1980 ( 22 U.S.C. 4003(b) (1) by redesignating paragraph (2), (3), and (4) as paragraphs (7), (8), and (9), respectively; and (2) by inserting after paragraph (1) the following new paragraphs: (2) experience serving at an international organization, multilateral institution, or engaging in multinational negotiations; (3) willingness to serve in hardship posts overseas or across geographically distinct regions; (4) experience advancing policies or developing expertise that enhance the United States’ competitiveness with regard to critical and emerging technologies; (5) willingness to participate in appropriate and relevant professional development opportunities offered by the Foreign Service Institute or other educational institutions associated with the Department; (6) willingness to enable and encourage subordinates at various levels to avail themselves of appropriate and relevant professional development opportunities offered by the Foreign Service Institute or other educational institutions associated with the Department; . 6202. Hiring authorities (a) Sense of Congress It is the sense of Congress that— (1) the Department should possess hiring authorities to enable recruitment of individuals representative of the nation with special skills needed to address 21st century diplomacy challenges; and (2) the Secretary shall conduct a survey of hiring authorities held by the Department to identify— (A) hiring authorities already authorized by Congress; (B) others authorities granted through Presidential decree or executive order; and (C) any authorities needed to enable recruitment of individuals with the special skills described in paragraph (1). (b) Report Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the appropriate congressional committees, the Committee on Homeland Security and Governmental Affairs of the Senate, and the Committee on Homeland Security of the House of Representatives a report that includes a description of all existing hiring authorities and legislative proposals on any new needed authorities. (c) Special hiring authority For an initial period of not more than 3 years after the date of the enactment of this Act, the Secretary may appoint, without regard to the provisions of sections 3309 through 3318 of title 5, United States Code, up to 80 candidates directly to positions in the competitive service at the Department, as defined in section 2102 6203. Extending paths to service for paid student interns For up to 2 years following the end of a compensated internship at the Department, the Department may offer employment to up to 25 such interns and appoint them directly to positions in the competitive service, as defined in section 2102 of title 5, United States Code, without regard to the provisions of sections 3309 through 3318 of such title. 6204. Lateral Entry Program (a) In general Section 404 of the Department of State Authorities Act, Fiscal Year 2017 ( Public Law 114–323 (1) in subsection (b)— (A) in the matter preceding paragraph (1), by striking 3-year 5-year (B) in paragraph (5), by striking ; and (C) in paragraph (6), by striking the period at the end and inserting a semicolon; and (D) by adding at the end the following new paragraphs: (7) does not include the use of Foreign Service-Limited or other noncareer Foreign Service hiring authorities; and (8) includes not fewer than 30 participants for each year of the pilot program. ; and (2) by adding at the end the following new subsection: (e) Certification If the Secretary does not commence the lateral entry program within 180 days after the date of the enactment of this subsection, the Secretary shall submit a report to the appropriate congressional committees— (1) certifying that progress is being made on implementation of the pilot program and describing such progress, including the date on which applicants will be able to apply; (2) estimating the date by which the pilot program will be fully implemented; (3) outlining how the Department will use the Lateral Entry Program to fill needed skill sets in key areas such as cyberspace, emerging technologies, economic statecraft, multilateral diplomacy, and data and other sciences. . 6205. Mid-Career Mentoring Program (a) Authorization The Secretary, in collaboration with the Director of the Foreign Service Institute, is authorized to establish a Mid-Career Mentoring Program (referred to in this section as the Program (b) Selection (1) Nominations The head of each bureau shall semiannually nominate participants for the Program from a pool of applicants in the positions described in paragraph (2)(B), including from posts both domestically and abroad. (2) Submission of slate of nominees to Secretary The Director of the Foreign Service Institute, in consultation with the Director General of the Foreign Service, shall semiannually— (A) vet the nominees most recently nominated pursuant to paragraph (1); and (B) submit to the Secretary a slate of applicants to participate in the Program, who shall consist of at least— (i) 10 Foreign Service Officers and specialists classified at the FS–03 or FS–04 level of the Foreign Service Salary Schedule; (ii) 10 Civil Service employees classified at GS–12 or GS–13 of the General Schedule; and (iii) 5 Foreign Service Officers from the United States Agency for International Development. (3) Final selection The Secretary shall select the applicants who will be invited to participate in the Program from the slate received pursuant to paragraph (2)(B) and extend such an invitation to each selected applicant. (4) Merit principles Section 105 of the Foreign Service Act of 1980 ( 22 U.S.C. 3905 (c) Program sessions (1) Frequency; duration All of the participants who accept invitations extended pursuant to subsection (b)(3) shall meet 3 to 4 times per year for training sessions with high-level leaders of the Department and USAID, including private group meetings with the Secretary and the Administrator of the United States Agency for International Development. (2) Themes Each session referred to in paragraph (1) shall focus on specific themes developed jointly by the Foreign Service Institute and the Executive Secretariat focused on substantive policy issues and leadership practices. (d) Mentoring program The Secretary and the Administrator each is authorized to establish a mentoring and coaching program that pairs a senior leader of the Department or USAID with each of the program participants who complete the Program during the 1-year period immediately following their participation in the Program. (e) Annual report Not later than one year after the date of the enactment of this Act, and annually thereafter for three years, the Secretary shall submit a report to the appropriate congressional committees that describes the activities of the Program during the most recent year and includes disaggregated demographic data on participants in the Program. 6206. Report on the Foreign Service Institute’s language program Not later than 60 days after the date of the enactment of this Act, the Secretary shall submit a report to the appropriate congressional committees that includes— (1) the average pass and fail rates for language programs at the Foreign Service Institute disaggregated by language during the 5-year period immediately preceding the date of the enactment of this Act; (2) the number of language instructors at the Foreign Service Institute, and a comparison of the instructor/student ratio in the language programs at the Foreign Service Institute disaggregated by language; (3) salaries for language instructors disaggregated by language, and a comparison to salaries for instructors teaching languages in comparable employment; (4) recruitment and retention plans for language instructors, disaggregated by language where necessary and practicable; and (5) any plans to increase pass rates for languages with high failure rates. 6207. Consideration of career civil servants as chiefs of missions Section 304(b) of the Foreign Service Act of 1980 ( 22 U.S.C. 3944 (1) by redesignating paragraph (2) as paragraph (3); and (2) by inserting after paragraph (1) the following new paragraph: (2) The Secretary shall also furnish to the President, on an annual basis and to assist the President in selecting qualified candidates for appointments or assignments as chief of mission, the names of between 5 and 10 career civil servants serving at the Department of State or the United States Agency for International Development who are qualified to serve as chiefs of mission, together with pertinent information about such individuals. . 6208. Civil service rotational program (a) Establishment of pilot rotational program for civil service Not later than 180 days after the date of the enactment of this Act, the Secretary shall establish a program to provide qualified civil servants serving at the Department an opportunity to serve at a United States embassy, including identifying criteria and an application process for such program. (b) Program The program established under this section shall— (1) provide at least 20 career civil servants the opportunity to serve for 2 to 3 years at a United States embassy to gain additional skills and experience; (2) offer such civil servants the opportunity to serve in a political or economic section at a United States embassy; and (3) include clear and transparent criteria for eligibility and selection, which shall include a minimum of 5 years of service at the Department. (c) Subsequent position and promotion Following a rotation at a United States embassy pursuant to the program established by this section, participants in the program must be afforded, at minimum, a position equivalent in seniority, compensation, and responsibility to the position occupied prior serving in the program. Successful completion of a rotation at a United States embassy shall be considered favorably with regard to applications for promotion in civil service jobs at the Department. (d) Implementation Not later than 2 years after the date of the enactment of this Act, the Secretary shall identify not less than 20 positions in United States embassies for the program established under this section and offered at least 20 civil servants the opportunity to serve in a rotation at a United States embassy pursuant to this section. 6209. Reporting requirement on chiefs of mission Not later than 30 days following the end of each calendar quarter, the Secretary shall submit to the appropriate congressional committees— (1) a list of every chief of mission or United States representative overseas with the rank of Ambassador who, during the prior quarter, was outside a country of assignment for more than 14 cumulative days for purposes other than official travel or temporary duty orders; and (2) the number of days each such chief of mission or United States representative overseas with the rank of Ambassador was outside a country of assignment during the previous quarter for purposes other than official travel or temporary duty orders. 6210. Report on chiefs of mission and deputy chiefs of mission Not later than April 1, 2024, and annually thereafter for the next 4 years, the Secretary shall submit to the appropriate congressional committees a report that includes— (1) the Foreign Service cone of each current chief of mission and deputy chief of mission (or whoever is acting in the capacity of chief or deputy chief if neither is present) for each United States embassy at which there is a Foreign Service office filling either of those positions; and (2) aggregated data for all chiefs of mission and deputy chiefs of mission described in paragraph (1), disaggregated by cone. 6211. Protection of retirement annuity for reemployment by Department (a) No termination or reduction of retirement annuity or pay for reemployment Notwithstanding section 824 of the Foreign Service Act of 1980 ( 22 U.S.C. 4064 (1) the payment of any retirement annuity, retired pay, or retainer pay otherwise payable to the covered annuitant shall not terminate; and (2) the amount of the retirement annuity, retired pay, or retainer pay otherwise payable to the covered annuitant shall not be reduced. (b) Covered annuitant defined In this section, the term covered annuitant (1) the Foreign Service Retirement and Disability System under subchapter I of chapter 8 of title I of the Foreign Service Act of 1980 ( 22 U.S.C. 4041 et seq. (2) the Foreign Service Pension System under subchapter II of such chapter ( 22 U.S.C. 4071 et seq. 6212. Efforts to improve retention and prevent retaliation (a) Streamlined reporting Not later than one year after the date of the enactment of this Act, the Secretary shall establish a single point of initial reporting for allegations of discrimination, bullying, and harassment that provides an initial review of the allegations and, if necessary, the ability to file multiple claims based on a single complaint. (b) Climate surveys of employees of the Department (1) Required biennial surveys Not later than 180 days after the date of the enactment of this Act and every 2 years thereafter, the Secretary shall conduct a Department-wide survey of all Department personnel regarding harassment, discrimination, bullying, and related retaliation that includes workforce perspectives on the accessibility and effectiveness of the Bureau of Global Talent Management and Office of Civil Rights in the efforts and processes to address these issues. (2) Required annual surveys (A) In general Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the Secretary shall conduct an annual employee satisfaction survey to assess the level of job satisfaction, work environment, and overall employee experience within the Department. (B) Open-ended responses The survey required under subparagraph (A) shall include options for open-ended responses. (C) Survey questions The survey shall include questions regarding— (i) work-life balance; (ii) compensation and benefits; (iii) career development opportunities; (iv) the performance evaluation and promotion process, including fairness and transparency; (v) communication channels and effectiveness; (vi) leadership and management; (vii) organizational culture; (viii) awareness and effectiveness of complaint measures; (ix) accessibility and accommodations; (x) availability of transportation to and from a work station; (xi) information technology infrastructure functionality and accessibility; (xii) the employee’s understanding of the Department’s structure, mission, and goals; (xiii) alignment and relevance of work to the Department’s mission; and (xiv) sense of empowerment to affect positive change. (3) Required exit surveys (A) In general Not later than 180 days after the date of the enactment of this Act, the Secretary shall develop and implement a standardized, confidential exit survey process that includes anonymous feedback and exit interviews with employees who voluntarily separate from the Department, whether through resignation, retirement, or other means. (B) Scope The exit surveys conducted pursuant to subparagraph (A)shall— (i) be designed to gather insights and feedback from departing employees regarding— (I) their reasons for leaving, including caretaking responsibilities, career limitations for partner or spouse, and discrimination, harassment, bullying, or retaliation; (II) their overall experience with the Department; and (III) any suggestions for improvement; and (ii) include questions related to— (I) the employee’s reasons for leaving; (II) job satisfaction; (III) work environment; (IV) professional growth opportunities; (V) leadership effectiveness; (VI) suggestions for enhancing the Department’s performance; and (VII) if applicable, the name and industry of the employee’s future employer. (C) Compilation of results The Secretary shall compile and analyze the anonymized exit survey data collected pursuant to this paragraph to identify trends, common themes, and areas needing improvement within the Department. (4) Pilot surveys Not later than 180 days after the date of the enactment of this Act, the Secretary shall conduct a Department-wide survey for Locally Employed Staff regarding retention, training, promotion, and other matters, including harassment, discrimination, bullying, and related retaliation, that includes workforce perspectives on the accessibility and effectiveness of complaint measures. (5) Report Not later than 60 days after the conclusion of each survey conducted pursuant to this subsection, the Secretary shall make the key findings available to the Department workforce and shall submit them to the appropriate congressional committees. (c) Retaliation prevention efforts (1) Employee evaluation (A) In general If there is a pending investigation of discrimination, bullying, or harassment against a superior who is responsible for rating or reviewing the complainant employee, the complainant shall be reviewed by the superior’s supervisor. (B) Effective date This paragraph shall take effect 90 days after the date of the enactment of this Act. (2) Retaliation prevention guidance Any Department employee against whom an allegation of discrimination, bullying, or harassment has been made shall receive written guidance (a retaliation hold 6213. National advertising campaign Not later than 270 days after the date of the enactment of this Act, the Secretary shall submit a strategy to the appropriate congressional committees that assesses the potential benefits and costs of a national advertising campaign to improve the recruitment in the Civil Service and the Foreign Service by raising public awareness of the important accomplishments of the Department. 6214. Expansion of diplomats in residence programs Not later than two years after the date of the enactment of this Act— (1) the Secretary is authorized to increase the number of diplomats in the Diplomats in Residence Program from 17 to at least 20; and (2) the Administrator of the United States Agency for International Development is authorized to increase the number of development diplomats in the Diplomats in Residence Program from 1 to at least 3. B Pay, benefits, and workforce matters 6221. Education allowance (a) In general Chapter 9 of title I of the Foreign Service Act of 1980 ( 22 U.S.C. 4081 et seq. 908. Education allowance A Department employee who is on leave to perform service in the uniformed services (as defined in section 4303(13) of title 38, United States Code) may receive an education allowance if the employee would, if not for such service, be eligible to receive the education allowance. . (b) Clerical amendment The table of contents in section 2 of the Foreign Service Act of 1980 ( 22 U.S.C. 3901 Sec. 908. Education allowance . 6222. Per diem allowance for newly hired members of the Foreign Service (a) Per diem allowance (1) In general Except as provided in paragraph (2), any newly hired Foreign Service employee who is in initial orientation training, or any other training expected to last less than 6 months before transferring to the employee’s first assignment, in the Washington, D.C., area shall, for the duration of such training, receive a per diem allowance at the levels prescribed under subchapter I of chapter 57 (2) Limitation on lodging expenses A newly hired Foreign Service employee may not receive any lodging expenses under the applicable per diem allowance pursuant to paragraph (1) if that employee— (A) has a permanent residence in the Washington, D.C., area (not including Government-supplied housing during such orientation training or other training); and (B) does not vacate such residence during such orientation training or other training. (b) Definitions In this section— (1) the term per diem allowance (2) the term Washington, D.C., area 6223. Improving mental health services for foreign and civil servants (a) Additional personnel to address mental health (1) In general The Secretary shall seek to increase the number of personnel within the Bureau of Medical Services to address mental health needs for both foreign and civil servants. (2) Employment targets Not later than 180 days after the date of the enactment of this Act, the Secretary shall seek to employ not fewer than 15 additional personnel in the Bureau of Medical Services, compared to the number of personnel employed as of the date of the enactment of this Act. (b) Study The Secretary shall conduct a study on the accessibility of mental health care providers and services available to Department personnel, including an assessment of— (1) the accessibility of mental health care providers at diplomatic posts and in the United States; (2) the accessibility of inpatient services for mental health care for Department personnel; (3) steps that may be taken to improve such accessibility; (4) the impact of the COVID–19 pandemic on the mental health of Department personnel, particularly those who served abroad between March 1, 2020, and December 31, 2022, and Locally Employed Staff, where information is available; (5) recommended steps to improve the manner in which the Department advertises mental health services to the workforce; and (6) additional authorities and resources needed to better meet the mental health needs of Department personnel. (c) Report Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to appropriate congressional committees a report containing the findings of the study under subsection (b). 6224. Emergency back-up care (a) In general The Secretary and the Administrator for the United States Agency for International Development are authorized to provide for unanticipated non-medical care, including childcare, eldercare, and essential services directly related to caring for an acute injury or illness, for USAID and Department employees and their family members, including through the provision of such non-medical services, referrals to care providers, and reimbursement of reasonable expenses for such services. (b) Limitation Services provided pursuant to this section shall not exceed $2,000,000 per fiscal year. 6225. Authority to provide services to non-chief of mission personnel Section 904 of the Foreign Service Act of 1980 ( 22 U.S.C. 4084 (1) in subsection (g), by striking abroad for employees and eligible family members under this section (2) by adding at the end the following new subsection: (a) Physical and mental health care services in special circumstances (1) In general The Secretary is authorized to direct health care providers employed under subsection (c) of this section to furnish physical and mental health care services to an individual otherwise ineligible for services under this section if necessary to preserve life or limb or if intended to facilitate an overseas evacuation, recovery, or return. Such services may be provided incidental to the following activities: (A) Activities undertaken abroad pursuant to section 3 and section 4 of the State Department Basic Authorities Act of 1956 ( 22 U.S.C. 2670 (B) Recovery of hostages or of wrongfully or unlawfully detained individuals abroad, including pursuant to section 302 of the Robert Levinson Hostage Recovery and Hostage-Taking Accountability Act ( 22 U.S.C. 1741 (C) Secretarial dispatches to international disaster sites deployed pursuant to section 207 of the Aviation Security Improvement Act of 1990 ( 22 U.S.C. 5506 (D) Deployments undertaken pursuant to section 606(a)(6)(A)(iii) of the Secure Embassy Construction and Counterterrorism Act of 1999 ( 22 U.S.C. 4865(a)(6)(A)(iii) (2) Prioritization of other functions The Secretary shall prioritize the allocation of Department resources to the health care program described in subsections (a) through (g) above the functions described in paragraph (1). (3) Regulations The Secretary should prescribe applicable regulations to implement this section, taking into account the prioritization in paragraph (2) and the activities described in paragraph (1). (4) Reimbursable basis Services rendered under this subsection shall be provided on a reimbursable basis to the extent practicable. . 6226. Exception for government-financed air transportation (a) Reducing hardship for transportation of domestic animals (1) In general Notwithstanding subsections (a) and (c) of section 40118 of title 49, United States Code, the Department is authorized to pay for the transportation by a foreign air carrier of Department personnel and any in-cabin or accompanying checked baggage or cargo if— (A) no air carrier holding a certificate under section 41102 (B) the transportation is from a place— (i) outside the United States to a place in the United States; (ii) in the United States to a place outside the United States; or (iii) outside the United States to another place outside the United States. (2) Limitation An amount paid pursuant to paragraph (1) for transportation by a foreign carrier may not be greater than the amount that would otherwise have been paid had the transportation been on an air carrier holding a certificate under section 41102 had that carrier been willing and able to provide such transportation. If the amount that would otherwise have been paid to such an air carrier is less than the cost of transportation on the applicable foreign carrier, the Department personnel may pay the difference of such amount. (3) Domestic animal defined In this subsection, the term domestic animal 6227. Enhanced authorities to protect locally employed staff during emergencies (a) Sense of congress It is the sense of Congress that— (1) locally employed staff provide essential contributions at United States diplomatic and consular posts around the world, including by providing— (A) security to United States government personnel serving in the country; (B) advice, expertise, and other services for the promotion of political, economic, public affairs, commercial, security, and other interests of critical importance to the United States; (C) a wide range of logistical and administrative support to every office in each mission working to advance United States interests around the world, including services and support vital to the upkeep and maintenance of United States missions; (D) consular services to support the welfare and well-being of United States citizens and to provide for the expeditious processing of visa applications; (E) institutional memory on a wide range of embassy engagements on bilateral issues; and (F) enduring connections to host country contacts, both inside and outside the host government, including within media, civil society, the business community, academia, the armed forces, and elsewhere; and (2) locally employed staff make important contributions that should warrant the United States Government to give due consideration for their security and safety when diplomatic missions face emergency situations. (b) Authorization to provide emergency support In emergency situations, in addition to other authorities that may be available in emergencies or other exigent circumstances, the Secretary is authorized to use funds made available to the Department to provide support to ensure the safety and security of locally employed staff and their immediate family members, including for— (1) providing transport or relocating locally employed staff and their immediate family members to a safe and secure environment; (2) providing short-term housing or lodging for up to six months for locally employed staff and their immediate family members; (3) procuring or providing other essential items and services to support the safety and security of locally employed staff and their immediate family members. (c) Temporary housing To ensure the safety and security of locally employed staff and their immediate family members consistent with this section, Chiefs of Missions are authorized to allow locally employed staff and their immediate family members to reside temporarily in the residences of United States direct hire employees, either in the host country or other countries, provided that such stays are offered voluntarily by United States direct hire employees. (d) Foreign affairs manual Not later than 180 days after the date of the enactment of this Act, the Secretary shall amend the Foreign Affairs Manual to reflect the authorizations and requirements of this section. (e) Emergency situation defined In this section, the term emergency situation (f) Report (1) In general Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the appropriate congressional committees, the Committee on Appropriations of the Senate, and the Committee on Appropriations of the House of Representatives a report describing prior actions the Department has taken with regard to locally employed staff and their immediate family members following suspensions or closures of United States diplomatic posts over the prior 10 years, including Kyiv, Kabul, Minsk, Khartoum, and Juba. (2) Elements The report required under paragraph (1) shall— (A) describe any actions the Department took to assist locally employed staff and their immediate family members; (B) identify any obstacles that made providing support or assistance to locally employed staff and their immediate family members difficult; (C) examine lessons learned and propose recommendations to better protect the safety and security of locally employed staff and their family members, including any additional authorities that may be required; and (D) provide an analysis of and offer recommendations on any other steps that could improve efforts to protect the safety and security of locally employed staff and their immediate family members. 6228. Internet at hardship posts Section 3 of the State Department Basic Authorities Act of 1956 ( 22 U.S.C. 2670 (1) in subsection (l), by striking ; and (2) in subsection (m) by striking the period at the end and by inserting ; and (3) by adding at the end the following new subsection: (n) pay expenses to provide internet services in residences owned or leased by the United States Government in foreign countries for the use of Department personnel where Department personnel receive a post hardship differential equivalent to 30 percent or more above basic compensation. . 6229. Competitive local compensation plan (a) Establishment and implementation of prevailing wage rates goal Section 401(a) of the Department of State Authorities Act, fiscal year 2017 ( 22 U.S.C. 3968a(a) periodically every 3 years (b) Report Not later than one year after the date of the enactment of this Act, the Secretary shall submit to the appropriate congressional committees, the Committee on Appropriations of the Senate, and the Committee on Appropriations of the House of Representatives a report that includes— (1) compensation (including position classification) plans for locally employed staff based upon prevailing wage rates and compensation practices for corresponding types of positions in the locality of employment; and (2) an assessment of the feasibility and impact of changing the prevailing wage rate goal for positions in the local compensation plan from the 50th percentile to the 75th percentile. 6230. Supporting tandem couples in the Foreign Service (a) Sense of Congress It is the sense of Congress that— (1) challenges finding and maintaining spousal employment and family dissatisfaction are one of the leading reasons employees cite for leaving the Department; (2) tandem Foreign Service personnel represent important members of the Foreign Service community, who act as force multipliers for our diplomacy; (3) the Department can and should do more to keep tandem couples posted together and consider family member employment needs when assigning tandem officers; and (4) common sense steps providing more flexibility in the assignments process would improve outcomes for tandem officers without disadvantaging other Foreign Service officers. (b) Definitions In this section: (1) Family togetherness The term family togetherness (2) Tandem foreign service personnel; tandem The terms tandem Foreign Service personnel tandem 22 U.S.C. 3922 (c) Family togetherness in assignments Not later than 90 days after the date of enactment of this Act, the Department shall amend and update its policies to further promote the principle of family togetherness in the Foreign Service, which shall include the following: (1) Entry-level foreign service personnel The Secretary shall adopt policies and procedures to facilitate the assignment of entry-level tandem Foreign Service personnel on directed assignments to the same diplomatic post or country as their tandem spouse if they request to be assigned to the same post or country. The Secretary shall also provide a written justification to the requesting personnel explaining any denial of a request that would result in a tandem couple not serving together at the same post or country. (2) Tenured foreign service personnel The Secretary shall add family togetherness to the criteria when making a needs of the Service determination, as defined by the Foreign Affairs Manual, for the placement of tenured tandem Foreign Service personnel at United States diplomatic posts. (3) Updates to antinepotism policy The Secretary shall update antinepotism policies so that nepotism rules only apply when an employee and a relative are placed into positions wherein they jointly and exclusively control government resources, property, or money or establish government policy. (4) Temporary supervision of tandem spouse The Secretary shall update policies to allow for a tandem spouse to temporarily supervise another tandem spouse for up to 90 days in a calendar year, including at a United States diplomatic mission. (d) Report Not later than 90 days after the date of enactment of this Act, and annually thereafter for two years, the Secretary shall submit to the appropriate congressional committees a report that includes— (1) the number of Foreign Service tandem couples currently serving; (2) the number of Foreign Service tandems currently serving in separate locations, or, to the extent possible, are on leave without pay (LWOP); and (3) an estimate of the cost savings that would result if all Foreign Service tandem couples were placed at a single post. 6231. Accessibility at diplomatic missions Not later than 180 days after the date of the enactment of this Act, the Department shall submit to the appropriate congressional committees, the Committee on Appropriations of the Senate, and the Committee on Appropriations of the House of Representatives a report that includes— (1) a list of the overseas United States diplomatic missions that, as of the date of the enactment of this Act, are not readily accessible to and usable by individuals with disabilities; (2) any efforts in progress to make such missions readily accessible to and usable by individuals with disabilities; and (3) an estimate of the cost to make all such missions readily accessible to and usable by individuals with disabilities. 6232. Report on breastfeeding accommodations overseas Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the appropriate congressional committees a report that includes— (1) a detailed report on the Department’s efforts to equip 100 percent of United States embassies and consulates with dedicated lactation spaces, other than bathrooms, that are shielded from view and free from intrusion from coworkers and the public for use by employees, including the expected demand for such space as well as the status of such rooms when there is no demand for such space; and (2) a description of costs and other resources needed to provide such spaces. 6233. Determining the effectiveness of knowledge transfers between Foreign Service Officers The Secretary shall assess the effectiveness of knowledge transfers between Foreign Service officers who are departing from overseas positions and Foreign Service Officers who are arriving at such positions, and make recommendations for approving such knowledge transfers, as appropriate, by— (1) not later than 90 days after the date of the enactment of this Act, conducting a written survey of a representative sample of Foreign Service Officers working in overseas assignments that analyzes the effectiveness of existing mechanisms to facilitate transitions, including training, mentorship, information technology, knowledge management, relationship building, the role of locally employed staff, and organizational culture; and (2) not later than 120 days after the date of the enactment of this Act, submitting to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives a report that includes a summary and analysis of results of the survey conducted pursuant to paragraph (1) that— (A) identifies best practices and areas for improvement; (B) describes the Department’s methodology for determining which Foreign Service Officers should receive familiarization trips before arriving at a new post; (C) includes recommendations regarding future actions the Department should take to maximize effective knowledge transfer between Foreign Service Officers; (D) identifies any steps taken, or intended to be taken, to implement such recommendations, including any additional resources or authorities necessary to implement such recommendations; and (E) provides recommendations to Congress for legislative action to advance the priority described in subparagraph (C). 6234. Education allowance for dependents of Department of State employees located in United States territories (a) In general An individual employed by the Department at a location described in subsection (b) shall be eligible for a cost-of-living allowance for the education of the dependents of such employee in an amount that does not exceed the educational allowance authorized by the Secretary of Defense for such location. (b) Location described A location is described in this subsection if— (1) such location is in a territory of the United States; and (2) the Secretary of Defense has determined that schools available in such location are unable to adequately provide for the education of— (A) dependents of members of the Armed Forces; or (B) dependents of employees of the Department of Defense. LXIII Information security and cyber diplomacy 6301. Data-informed diplomacy (a) Findings Congress makes the following findings: (1) In a rapidly evolving and digitally interconnected global landscape, access to and maintenance of reliable, readily available data is key to informed decisionmaking and diplomacy and therefore should be considered a strategic asset. (2) In order to achieve its mission in the 21st century, the Department must adapt to these trends by maintaining and providing timely access to high-quality data at the time and place needed, while simultaneously cultivating a data-savvy workforce. (3) Leveraging data science and data analytics has the potential to improve the performance of the Department’s workforce by providing otherwise unknown insights into program deficiencies, shortcomings, or other gaps in analysis. (4) While innovative technologies such as artificial intelligence and machine learning have the potential to empower the Department to analyze and act upon data at scale, systematized, sustainable data management and information synthesis remain a core competency necessary for data-driven decisionmaking. (5) The goals set out by the Department’s Enterprise Data Council (EDC) as the areas of most critical need for the Department, including Cultivating a Data Culture, Accelerating Decisions through Analytics, Establishing Mission-Driven Data Management, and Enhancing Enterprise Data Governance, are laudable and will remain critical as the Department develops into a data-driven agency. (b) Sense of Congress It is the sense of Congress that— (1) the Department should prioritize the recruitment and retainment of top data science talent in support of its data-informed diplomacy efforts as well as its broader modernization agenda; and (2) the Department should strengthen data fluency among its workforce, promote data collaboration across and within its bureaus, and enhance its enterprise data oversight. 6302. Establishment and expansion of the Bureau Chief Data Officer Program (a) Bureau Chief Data Officer Program (1) Establishment The Secretary shall establish a program, which shall be known as the Bureau Chief Data Officer Program Program (2) Goals The goals of the Program shall include the following: (A) Cultivating a data culture by promoting data fluency and data collaboration across the Department. (B) Promoting increased data analytics use in critical decisionmaking areas. (C) Promoting data integration and standardization. (D) Increasing efficiencies across the Department by incentivizing acquisition of enterprise data solutions and subscription data services to be shared across bureaus and offices and within bureaus. (b) Implementation plan Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the appropriate congressional committees, the Committee on Appropriations of the Senate, and the Committee on Appropriations of the House of Representatives an implementation plan that outlines strategies for— (1) advancing the goals described in subsection (a)(2); (2) hiring Bureau Chief Data Officers at the GS–14 or GS–15 grade or a similar rank; (3) assigning at least one Bureau Chief Data Officer to— (A) each regional bureau of the Department; (B) the Bureau of International Organization Affairs; (C) the Office of the Chief Economist; (D) the Office of the Science and Technology Advisor; (E) the Bureau of Cyber and Digital Policy; (F) the Bureau of Diplomatic Security; (G) the Bureau for Global Talent Management; and (H) the Bureau of Consular Affairs; and (4) allocation of necessary resources to sustain the Program. (c) Assignment In implementing the Bureau Chief Data Officer Program, Bureaus may not dual-hat currently employed personnel as Bureau Chief Data Officers. (d) Annual reporting requirement Not later than 180 days after the date of the enactment of this Act, and annually thereafter for the following 3 years, the Secretary shall submit a report to the appropriate congressional committees regarding the status of the implementation plan required under subsection (b). 6303. Establishment of the Chief Artificial Intelligence Officer of the Department of State Section 1 of the State Department Basic Authorities Act of 1956 ( 22 U.S.C. 2651a (n) Chief Artificial Intelligence Officer (1) In general There shall be within the Department of State a Chief Artificial Intelligence Officer, which may be dual-hatted as the Department’s Chief Data Officer, who shall be a member of the Senior Executive Service. (2) Duties described The principal duties and responsibilities of the Chief Artificial Intelligence Officer shall be— (A) to evaluate, oversee, and, if appropriate, facilitate the responsible adoption of artificial intelligence (AI) and machine learning applications to help inform decisions by policymakers and to support programs and management operations of the Department of State; and (B) to act as the principal advisor to the Secretary of State on the ethical use of AI and advanced analytics in conducting data-informed diplomacy. (3) Qualifications The Chief Artificial Intelligence Officer should be an individual with demonstrated skill and competency in— (A) the use and application of data analytics, AI, and machine learning; and (B) transformational leadership and organizational change management, particularly within large, complex organizations. (4) Partner with the Chief Information Officer on scaling artificial intelligence use cases To ensure alignment between the Chief Artificial Intelligence Officer and the Chief Information Officer, the Chief Information Officer will consult with the Chief Artificial Intelligence Officer on best practices for rolling out and scaling AI capabilities across the Bureau of Information and Resource Management’s broader portfolio of software applications. (5) Artificial intelligence defined In this subsection, the term artificial intelligence Public Law 115–232 10 U.S.C. 4001 . 6304. Strengthening the Chief Information Officer of the Department of State (a) In general The Chief Information Officer of the Department shall be consulted on all decisions to approve or disapprove, significant new unclassified information technology expenditures, including software, of the Department, including expenditures related to information technology acquired, managed, and maintained by other bureaus and offices within the Department, in order to— (1) encourage the use of enterprise software and information technology solutions where such solutions exist or can be developed in a timeframe and manner consistent with maintaining and enhancing the continuity and improvement of Department operations; (2) increase the bargaining power of the Department in acquiring information technology solutions across the Department; (3) reduce the number of redundant Authorities to Operate (ATO), which, instead of using one ATO-approved platform across bureaus, requires multiple ATOs for software use cases across different bureaus; (4) enhance the efficiency, reduce redundancy, and increase interoperability of the use of information technology across the enterprise of the Department; (5) enhance training and alignment of information technology personnel with the skills required to maintain systems across the Department; (6) reduce costs related to the maintenance of, or effectuate the retirement of, legacy systems; (7) ensure the development and maintenance of security protocols regarding the use of information technology solutions and software across the Department; and (8) improve end-user training on the operation of information technology solutions and to enhance end-user cybersecurity practices. (b) Strategy and implementation plan required (1) In general Not later than 180 days after the date of the enactment of this Act, the Chief Information Officer of the Department shall develop, in consultation with relevant bureaus and offices as appropriate, a strategy and a 5-year implementation plan to advance the objectives described in subsection (a). (2) Consultation No later than one year after the date of the enactment of this Act, the Chief Information Officer shall submit the strategy required by this subsection to the appropriate congressional committees and shall consult with the appropriate congressional committees, not less than on an annual basis for 5 years, regarding the progress related to the implementation plan required by this subjection. (c) Improvement plan for the Bureau for Information Resources Management (1) In general Not later than 180 days after the date of the enactment of this Act, the Chief Information Officer shall develop policies and protocols to improve the customer service orientation, quality and timely delivery of information technology solutions, and training and support for bureau and office-level information technology officers. (2) Survey Not later than one year after the date of the enactment of this Act, and annually thereafter for five years, the Chief Information Officer shall undertake a client satisfaction survey of bureau information technology officers to obtain feedback on metrics related to— (A) customer service orientation of the Bureau of Information Resources Management; (B) quality and timelines of capabilities delivered; (C) maintenance and upkeep of information technology solutions; (D) training and support for senior bureau and office-level information technology officers; and (E) other matters which the Chief Information Officer, in consultation with client bureaus and offices, determine appropriate. (3) Submission of findings Not later than 60 days after completing each survey required under paragraph (2), the Chief Information Officer shall submit a summary of the findings to the appropriate congressional committees. (d) Significant expenditure defined For purposes of this section, the term significant expenditure (e) Rule of construction Nothing in this section may be construed— (1) to alter the authorities of the United States Office of Management and Budget, Office of the National Cyber Director, the Department of Homeland Security, or the Cybersecurity and Infrastructure Security Agency with respect to Federal information systems; or (2) to alter the responsibilities and authorities of the Chief Information Officer of the Department of State as described in titles 40 or 44, United States Code, or any other law defining or assigning responsibilities or authorities to Federal Chief Information Officers. 6305. Sense of Congress on strengthening enterprise governance It is the sense of Congress that in order to modernize the Department, enterprise-wide governance regarding budget and finance, information technology, and the creation, analysis, and use of data across the Department is necessary to better align resources to strategy, including evaluating trade-offs, and to enhance efficiency and security in using data and technology as tools to inform and evaluate the conduct of United States foreign policy. 6306. Digital connectivity and cybersecurity partnership (a) Digital connectivity and cybersecurity partnership The Secretary is authorized to establish a program, which may be known as the Digital Connectivity and Cybersecurity Partnership (1) expand and increase secure internet access and digital infrastructure in emerging markets, including demand for and availability of high-quality information and communications technology (ICT) equipment, software, and services; (2) protect technological assets, including data; (3) adopt policies and regulatory positions that foster and encourage open, interoperable, reliable, and secure internet, the free flow of data, multi-stakeholder models of internet governance, and pro-competitive and secure ICT policies and regulations; (4) access United States exports of ICT goods and services; (5) expand interoperability and promote the diversification of ICT goods and supply chain services to be less reliant on PRC imports; (6) promote best practices and common standards for a national approach to cybersecurity; and (7) advance other priorities consistent with paragraphs (1) through (6), as determined by the Secretary. (b) Use of funds Funds made available to carry out this section may be used to strengthen civilian cybersecurity and information and communications technology capacity, including participation of foreign law enforcement and military personnel in non-military activities, notwithstanding any other provision of law, provided that such support is essential to enabling civilian and law enforcement of cybersecurity and information and communication technology related activities in their respective countries. (c) Implementation plan Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the appropriate congressional committees an implementation plan for the coming year to advance the goals identified in subsection (a). (d) Consultation In developing and operationalizing the implementation plan required under subsection (c), the Secretary shall consult with— (1) the appropriate congressional committees, the Committee on Appropriations of the Senate, and the Committee on Appropriations of the House of Representatives; (2) United States industry leaders; (3) other relevant technology experts, including the Open Technology Fund; (4) representatives from relevant United States Government agencies; and (5) representatives from like-minded allies and partners. (e) Authorization of appropriations There is authorized to be appropriated $100,000,000 for each of fiscal years 2024 through 2028 to carry out this section. Such funds, including funds authorized to be appropriated under the heading Economic Support Fund 6307. Establishment of a cyberspace, digital connectivity, and related technologies (CDT) fund Part II of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2301 et seq. 10 Cyberspace, digital connectivity, and related technologies (CDT) fund 591. Findings Congress makes the following findings: (1) Increasingly digitized and interconnected social, political, and economic systems have introduced new vulnerabilities for malicious actors to exploit, which threatens economic and national security. (2) The rapid development, deployment, and integration of information and communication technologies into all aspects of modern life bring mounting risks of accidents and malicious activity involving such technologies, and their potential consequences. (3) Because information and communication technologies are globally manufactured, traded, and networked, the economic and national security of the United State depends greatly on cybersecurity practices of other actors, including other countries. (4) United States assistance to countries and international organizations to bolster civilian capacity to address national cybersecurity and deterrence in cyberspace can help— (A) reduce vulnerability in the information and communication technologies ecosystem; and (B) advance national and economic security objectives. 592. Authorization of assistance and funding for cyberspace, digital connectivity, and related technologies (CDT) capacity building activities (a) Authorization The Secretary of State is authorized to provide assistance to foreign governments and organizations, including national, regional, and international institutions, on such terms and conditions as the Secretary may determine, in order to— (1) advance a secure and stable cyberspace; (2) protect and expand trusted digital ecosystems and connectivity; (3) build the cybersecurity capacity of partner countries and organizations; and (4) ensure that the development of standards and the deployment and use of technology supports and reinforces human rights and democratic values, including through the Digital Connectivity and Cybersecurity Partnership. (b) Scope of uses Assistance under this section may include programs to— (1) advance the adoption and deployment of secure and trustworthy information and communications technology (ICT) infrastructure and services, including efforts to grow global markets for secure ICT goods and services and promote a more diverse and resilient ICT supply chain; (2) provide technical and capacity building assistance to— (A) promote policy and regulatory frameworks that create an enabling environment for digital connectivity and a vibrant digital economy; (B) ensure technologies, including related new and emerging technologies, are developed, deployed, and used in ways that support and reinforce democratic values and human rights; (C) promote innovation and competition; and (D) support digital governance with the development of rights-respecting international norms and standards; (3) help countries prepare for, defend against, and respond to malicious cyber activities, including through— (A) the adoption of cybersecurity best practices; (B) the development of national strategies to enhance cybersecurity; (C) the deployment of cybersecurity tools and services to increase the security, strength, and resilience of networks and infrastructure; (D) support for the development of cybersecurity watch, warning, response, and recovery capabilities, including through the development of cybersecurity incident response teams; (E) support for collaboration with the Cybersecurity and Infrastructure Security Agency (CISA) and other relevant Federal agencies to enhance cybersecurity; (F) programs to strengthen allied and partner governments’ capacity to detect, investigate, deter, and prosecute cybercrimes; (G) programs to provide information and resources to diplomats engaging in discussions and negotiations around international law and capacity building measures related to cybersecurity; (H) capacity building for cybersecurity partners, including law enforcement and military entities as described in subsection (f); (I) programs that enhance the ability of relevant stakeholders to act collectively against shared cybersecurity threats; (J) the advancement of programs in support of the Framework of Responsible State Behavior in Cyberspace; and (K) the fortification of deterrence instruments in cyberspace; and (4) such other purpose and functions as the Secretary of State may designate. (c) Responsibility for policy decisions and justification The Secretary of State shall be responsible for policy decisions regarding programs under this chapter, with respect to— (1) whether there will be cybersecurity and digital capacity building programs for a foreign country or entity operating in that country; (2) the amount of funds for each foreign country or entity; and (3) the scope and nature of such uses of funding. (d) Detailed justification for uses and purposes of funds The Secretary of State shall provide, on an annual basis, a detailed justification for the uses and purposes of the amounts provided under this chapter, including information concerning— (1) the amounts and kinds of grants; (2) the amounts and kinds of budgetary support provided, if any; and (3) the amounts and kinds of project assistance provided for what purpose and with such amounts. (e) Assistance and funding under other authorities The authority granted under this section to provide assistance or funding for countries and organizations does not preclude the use of funds provided to carry out other authorities also available for such purpose. (f) Availability of funds Amounts appropriated to carry out this chapter may be used, notwithstanding any other provision of law, to strengthen civilian cybersecurity and information and communications technology capacity, including participation of foreign law enforcement and military personnel in non-military activities, provided that such support is essential to enabling civilian and law enforcement of cybersecurity and information and communication technology related activities in their respective countries. (g) Notification requirements Funds made available under this section shall be obligated in accordance with the procedures applicable to reprogramming notifications pursuant to section 634A of this Act. 593. Review of emergency assistance capacity (a) In general The Secretary of State, in consultation as appropriate with other relevant Federal departments and agencies is authorized to conduct a review that— (1) analyzes the United States Government’s capacity to promptly and effectively deliver emergency support to countries experiencing major cybersecurity and ICT incidents; (2) identifies relevant factors constraining the support referred to in paragraph (1); and (3) develops a strategy to improve coordination among relevant Federal agencies and to resolve such constraints. (b) Report Not later than one year after the date of the enactment of this chapter, the Secretary of State shall submit a report to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives that contains the results of the review conducted pursuant to subsection (a). 594. Authorization of appropriations There is authorized to be appropriated $150,000,000 during the 5-year period beginning on October 1, 2023, to carry out the purposes of this chapter. . 6308. Cyber protection support for personnel of the Department of State in positions highly vulnerable to cyber attack (a) Definitions In this section: (1) At-risk personnel The term at-risk personnel (A) whom the Secretary determines to be highly vulnerable to cyber attacks and hostile information collection activities because of their positions in the Department; and (B) whose personal technology devices or personal accounts are highly vulnerable to cyber attacks and hostile information collection activities. (2) Personal accounts The term personal accounts (3) Personal technology devices The term personal technology devices (b) Requirement to provide cyber protection support The Secretary, in consultation with the Secretary of Homeland Security and the Director of National Intelligence, as appropriate— (1) shall offer cyber protection support for the personal technology devices and personal accounts of at-risk personnel; and (2) may provide the support described in paragraph (1) to any Department personnel who request such support. (c) Nature of cyber protection support Subject to the availability of resources, the cyber protection support provided to personnel pursuant to subsection (b) may include training, advice, assistance, and other services relating to protection against cyber attacks and hostile information collection activities. (d) Privacy protections for personal devices The Department is prohibited pursuant to this section from accessing or retrieving any information from any personal technology device or personal account of Department employees unless— (1) access or information retrieval is necessary for carrying out the cyber protection support specified in this section; and (2) the Department has received explicit consent from the employee to access a personal technology device or personal account prior to each time such device or account is accessed. (e) Rule of construction Nothing in this section may be construed— (1) to encourage Department personnel to use personal technology devices for official business; or (2) to authorize cyber protection support for senior Department personnel using personal devices, networks, and personal accounts in an official capacity. (f) Report Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit a report to the appropriate congressional committees regarding the provision of cyber protection support pursuant to subsection (b), which shall include— (1) a description of the methodology used to make the determination under subsection (a)(1); and (2) guidance for the use of cyber protection support and tracking of support requests for personnel receiving cyber protection support pursuant to subsection (b). LXIV Organization and operations 6401. Personal services contractors (a) Exigent circumstances and crisis response To assist the Department in addressing and responding to exigent circumstances and urgent crises abroad, the Department is authorized to employ, domestically and abroad, a limited number of personal services contractors in order to meet exigent needs, subject to the requirements of this section. (b) Authority The authority to employ personal services contractors is in addition to any existing authorities to enter into personal services contracts and authority provided in the Afghanistan Supplemental Appropriations Act, 2022 (division C of Public Law 117–43 (c) Employing and allocation of personnel To meet the needs described in subsection (a) and subject to the requirements in subsection (d), the Department may— (1) enter into contracts to employ a total of up to 100 personal services contractors at any given time for each of fiscal years 2024, 2025, and 2026; and (2) allocate up to 20 personal services contractors to a given bureau, without regard to the sources of funding such office relies on to compensate individuals. (d) Limitation Employment authorized by this section shall not exceed two calendar years. (e) Notification and reporting to Congress (1) Notification Not later than 15 days after the use of authority under this section, the Secretary shall notify the appropriate congressional committees, the Committee on Appropriations of the Senate, and the Committee on Appropriations of the House of Representatives of the number of personal services contractors being employed, the expected length of employment, the relevant bureau, the purpose for using personal services contractors, and the justification, including the exigent circumstances requiring such use. (2) Annual reporting Not later than 60 days after the end of each fiscal year, the Department shall submit to the appropriate congressional committees, the Committee on Appropriations of the Senate, and the Committee on Appropriations of the House of Representatives a report describing the number of personal services contractors employed pursuant to this section for the prior fiscal year, the length of employment, the relevant bureau by which they were employed pursuant to this section, the purpose for using personal services contractors, disaggregated demographic data of such contractors, and the justification for the employment, including the exigent circumstances. 6402. Hard-to-fill posts (a) Sense of Congress It is the sense of Congress that— (1) the number of hard-to-fill vacancies at United States diplomatic missions is far too high, particularly in Sub-Saharan Africa; (2) these vacancies— (A) adversely impact the Department’s execution of regional strategies; (B) hinder the ability of the United States to effectively compete with strategic competitors, such as the People’s Republic of China and the Russian Federation; and (C) present a clear national security risk to the United States; and (3) if the Department is unable to incentivize officers to accept hard-to-fill positions, the Department should consider directed assignments, particularly for posts in Africa, and other means to more effectively advance the national interests of the United States. (b) Report on development of incentives for hard-to-fill posts Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit a report to the appropriate congressional committees on efforts to develop new incentives for hard-to-fill positions at United States diplomatic missions. The report shall include a description of the incentives developed to date and proposals to try to more effectively fill hard-to-fill posts. (c) Study on feasibility of allowing non-Consular Foreign Service officers given directed Consular posts to volunteer for hard-to-fill posts in understaffed regions (1) Study (A) In general Not later than 180 days after the date of the enactment of this Act, the Secretary shall conduct a study on— (i) the number of Foreign Service positions vacant for six months or longer at overseas posts, including for consular, political, and economic positions, over the last five years, broken down by region, and a comparison of the proportion of vacancies between regions; and (ii) the feasibility of allowing first-tour Foreign Service generalists in non-Consular cones, directed for a consular tour, to volunteer for reassignment at hard-to-fill posts in understaffed regions. (B) Matters to be considered The study conducted under subparagraph (A) shall consider whether allowing first-tour Foreign Service generalists to volunteer as described in such subparagraph would address current vacancies and what impact the new mechanism would have on consular operations. (2) Report Not later than 60 days after completing the study required under paragraph (1), the Secretary shall submit to the appropriate congressional committees a report containing the findings of the study. 6403. Enhanced oversight of the Office of Civil Rights (a) Report with recommendations and management structure Not later than 270 days after the date of the enactment of this Act, the Secretary shall submit to the appropriate congressional committees a report with any recommendations for the long-term structure and management of the Office of Civil Rights (OCR), including— (1) an assessment of the strengths and weaknesses of OCR’s investigative processes and procedures; (2) any changes made within OCR to its investigative processes to improve the integrity and thoroughness of its investigations; and (3) any recommendations to improve the management structure, investigative process, and oversight of the Office. 6404. Crisis response operations (a) In general Not later than 120 days after the date of the enactment of this Act, the Secretary shall institute the following changes and ensure that the following elements have been integrated into the ongoing crisis response management and response by the Crisis Management and Strategy Office: (1) The Department’s crisis response planning and operations shall conduct, maintain, and update on a regular basis contingency plans for posts and regions experiencing or vulnerable to conflict or emergency conditions, including armed conflict, national disasters, significant political or military upheaval, and emergency evacuations. (2) The Department’s crisis response efforts shall be led by an individual with significant experience responding to prior crises, who shall be so designated by the Secretary. (3) The Department’s crisis response efforts shall provide at least quarterly updates to the Secretary and other relevant senior officials, including a plan and schedule to develop contingency planning for identified posts and regions consistent with paragraph (1). (4) The decision to develop contingency planning for any particular post or region shall be made independent of any regional bureau. (5) The crisis response team shall develop and maintain best practices for evacuations, closures, and emergency conditions. (b) Update (1) In general Not later than 180 days after the date of the enactment of this Act, and every 180 days thereafter for the next five years, the Secretary shall submit to the appropriate congressional committees, the Committee on Appropriations of the Senate, and the Committee on Appropriations of the House of Representatives an update outlining the steps taken to implement this section, along with any other recommendations to improve the Department’s crisis management and response operations. (2) Contents Each update submitted pursuant to paragraph (1) should include— (A) a list of the posts whose contingency plans, including any noncombatant evacuation contingencies, has been reviewed and updated as appropriate during the preceding 180 days; and (B) an assessment of the Secretary’s confidence that each post— (i) has continuously reached out to United States persons in country to maintain and update contact information for as many such persons as practicable; and (ii) is prepared to communicate with such persons in an emergency or crisis situation. (3) Form Each update submitted pursuant to paragraph (1) shall be submitted in unclassified form, but may include a classified annex. 6405. Special Envoy to the Pacific Islands Forum (a) Sense of Congress It is the sense of Congress that— (1) the United States must increase its diplomatic activity and presence in the Pacific, particularly among Pacific Island nations; and (2) the Special Envoy to the Pacific Islands Forum— (A) should advance the United States partnership with Pacific Island Forum nations and with the organization itself on key issues of importance to the Pacific region; and (B) should coordinate policies across the Pacific region with like-minded democracies. (b) Appointment of Special Envoy to the Pacific Islands Forum Section 1 of the State Department Basic Authorities Act of 1956 ( 22 U.S.C. 2651a (o) Special envoy to the pacific islands forum (1) Appointment The President shall appoint, by and with the advice and consent of the Senate, a qualified individual to serve as Special Envoy to the Pacific Islands Forum (referred to in this section as the Special Envoy (2) Considerations (A) Selection The Special Envoy shall be— (i) a United States Ambassador to a country that is a member of the Pacific Islands Forum; or (ii) a qualified individual who is not described in clause (i). (B) Limitations If the President appoints an Ambassador to a country that is a member of the Pacific Islands Forum to serve concurrently as the Special Envoy to the Pacific Islands Forum, such Ambassador— (i) may not begin service as the Special Envoy until he or she has been confirmed by the Senate for an ambassadorship to a country that is a member of the Pacific Islands Forum; and (ii) shall not receive additional compensation for his or her service as Special Envoy. (3) Duties The Special Envoy shall— (A) represent the United States in its role as dialogue partner to the Pacific Islands Forum; and (B) carry out such other duties as the President or the Secretary of State may prescribe. . (c) Report Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit a report to the appropriate congressional committees that describes how the Department will increase its ability to recruit and retain highly-qualified ambassadors, special envoys, and other senior personnel in posts in Pacific island countries as the Department expands its diplomatic footprint throughout the region. 6406. Special Envoy for Belarus (a) Special Envoy The President shall appoint a Special Envoy for Belarus within the Department (referred to in this section as the Special Envoy (b) Central objective The central objective of the Special Envoy is to coordinate and promote efforts— (1) to improve respect for the fundamental human rights of the people of Belarus; (2) to sustain focus on the national security implications of Belarus’s political and military alignment for the United States; and (3) to respond to the political, economic, and security impacts of events in Belarus upon neighboring countries and the wider region. (c) Duties and responsibilities The Special Envoy shall— (1) engage in discussions with Belarusian officials regarding human rights, political, economic and security issues in Belarus; (2) support international efforts to promote human rights and political freedoms in Belarus, including coordination and dialogue between the United States and the United Nations, the Organization for Security and Cooperation in Europe, the European Union, Belarus, and the other countries in Eastern Europe; (3) consult with nongovernmental organizations that have attempted to address human rights and political and economic instability in Belarus; (4) make recommendations regarding the funding of activities promoting human rights, democracy, the rule of law, and the development of a market economy in Belarus; (5) review strategies for improving protection of human rights in Belarus, including technical training and exchange programs; (6) develop an action plan for holding to account the perpetrators of the human rights violations documented in the United Nations High Commissioner for Human Rights report on the situation of human rights in Belarus in the run-up to the 2020 presidential election and its aftermath (Human Rights Council Resolution 49/36); (7) engage with member countries of the North Atlantic Treaty Organization, the Organization for Security and Cooperation in Europe and the European Union with respect to the implications of Belarus’s political and security alignment for transatlantic security; and (8) work within the Department and among partnering countries to sustain focus on the political situation in Belarus. (d) Role The position of Special Envoy— (1) shall be a full-time position; (2) may not be combined with any other position within the Department; (3) shall only exist as long as United States diplomatic operations in Belarus at United States Embassy Minsk have been suspended; and (4) shall oversee the operations and personnel of the Belarus Affairs Unit. (e) Report on activities Not later than 180 days after the date of the enactment of this Act, and annually thereafter for the following 5 years, the Secretary, in consultation with the Special Envoy, shall submit a report to the appropriate congressional committees that describes the activities undertaken pursuant to subsection (c) during the reporting period. (f) Sunset The position of Special Envoy for Belarus Affairs and the authorities provided by this section shall terminate 5 years after the date of the enactment of this Act. 6407. Overseas placement of special appointment positions Not later than 90 days after the date of the enactment of this Act, the Secretary shall submit to the appropriate congressional committees a report on current special appointment positions at United States diplomatic missions that do not exercise significant authority, and all positions under schedule B or schedule C of subpart C of part 213 of title 5, Code of Federal Regulations, at United States diplomatic missions. The report shall include the title and responsibilities of each position, the expected duration of the position, the name of the individual currently appointed to the position, and the hiring authority utilized to fill the position. 6408. Resources for United States nationals unlawfully or wrongfully detained abroad Section 302(d) of the Robert Levinson Hostage Recovery and Hostage-Taking Accountability Act ( 22 U.S.C. 1741(d) (1) in the subsection heading, by striking Resource guidance Resources for United States nationals unlawfully or wrongfully detained abroad (2) in paragraph (1), by striking the paragraph heading and all that follows through Not later than (1) Resource guidance (A) In general Not later than ; (3) in paragraph (2), by redesignating subparagraphs (A), (B), (C), (D), and (E) and clauses (i), (ii), (iii), (iv), and (v), respectively, and moving such clauses (as so redesignated) 2 ems to the right; (4) by redesignating paragraph (2) as subparagraph (B) and moving such subparagraph (as so redesignated) 2 ems to the right; (5) in subparagraph (B), as redesignated by paragraph (4), by striking paragraph (1) subparagraph (A) (6) by adding at the end the following: (2) Travel assistance (A) Family advocacy For the purpose of facilitating meetings between the United States Government and the family members of United States nationals unlawfully or wrongfully detained abroad, the Secretary shall provide financial assistance to cover the costs of travel to Washington, D.C., including travel by air, train, bus, or other transit as appropriate, to any individual who— (i) is— (I) a family member of a United States national unlawfully or wrongfully detained abroad as determined by the Secretary under subsection (a); or (II) an appropriate individual who— (aa) is approved by the Special Presidential Envoy for Hostage Affairs; and (bb) does not represent in any legal capacity a United States national unlawfully or wrongfully detained abroad or the family of such United States national; (ii) has a permanent address that is more than 50 miles from Washington, D.C.; and (iii) requests such assistance. (B) Travel and lodging (i) In general For each such United States national unlawfully or wrongfully detained abroad, the financial assistance described in subparagraph (A) shall be provided for not more than 2 trips per fiscal year, unless the Special Presidential Envoy for Hostage Affairs determines that a third trip is warranted. (ii) Limitations Any trip described in clause (i) shall— (I) consist of not more than 2 family members or other individuals approved in accordance with subparagraph (A)(i)(II), unless the Special Presidential Envoy for Hostage Affairs determines that circumstances warrant an additional family member or other individual approved in accordance with subparagraph (A)(i)(II) and approves assistance to such third family member or other individual; and (II) not exceed more than 2 nights lodging, which shall not exceed the applicable government rate. (C) Return travel If other United States Government assistance is unavailable, the Secretary may provide to a United States national unlawfully or wrongfully detained abroad as determined by the Secretary under subsection (a), compensation and assistance, as necessary, for return travel to the United States upon release of such United States national. (3) Support The Secretary shall seek to make available operational psychologists and clinical social workers, to support the mental health and well-being of— (A) any United States national unlawfully or wrongfully detained abroad; and (B) any family member of such United States national, with regard to the psychological, social, and mental health effects of such unlawful or wrongful detention. (4) Notification requirement The Secretary shall notify the Committee on Foreign Relations of the Senate, the Committee on Foreign Affairs of the House of Representatives, and the Committees on Appropriations of the Senate and the House of Representatives of any amount spent above $250,000 for any fiscal year to carry out paragraphs (2) and (3). (5) Report Not later than 90 days after the end of each fiscal year, the Secretary shall submit to the Committees on Foreign Relations and Appropriations of the Senate and the Committee on Foreign Affairs and Appropriations of the House of Representatives a report that includes— (A) a detailed description of expenditures made pursuant to paragraphs (2) and (3); (B) a detailed description of support provided pursuant to paragraph (3) and the individuals providing such support; and (C) the number and location of visits outside of Washington, D.C., during the prior fiscal year made by the Special Presidential Envoy for Hostage Affairs to family members of each United States national unlawfully or wrongfully detained abroad. (6) Sunset The authority and requirements under paragraphs (2), (3), (4), and (5) shall terminate on December 31, 2027. (7) Family member defined In this subsection, the term family member . LXV Economic diplomacy 6501. Report on recruitment, retention, and promotion of Foreign Service economic officers (a) In general Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit a report to the appropriate congressional committees regarding the recruitment, retention, and promotion of economic officers in the Foreign Service. (b) Elements The report required under subsection (b) shall include— (1) an overview of the key challenges the Department faces in— (A) recruiting individuals to serve as economic officers in the Foreign Service; and (B) retaining individuals serving as economic officers in the Foreign Service, particularly at the level of GS–14 of the General Schedule and higher; (2) an overview of the key challenges in recruiting and retaining qualified individuals to serve in economic positions in the Civil Service; (3) a comparison of promotion rates for economic officers in the Foreign Service relative to other officers in the Foreign Service; (4) a summary of the educational history and training of current economic officers in the Foreign Service and Civil Service officers serving in economic positions; (5) the identification, disaggregated by region, of hard-to-fill posts and proposed incentives to improve staffing of economic officers in the Foreign Service at such posts; (6) a summary and analysis of the factors that lead to the promotion of— (A) economic officers in the Foreign Service; and (B) individuals serving in economic positions in the Civil Service; and (7) a summary and analysis of current Department-funded or run training opportunities and externally-funded programs, including the Secretary’s Leadership Seminar at Harvard Business School, for— (A) economic officers in the Foreign Service; and (B) individuals serving in economic positions in the Civil Service. 6502. Mandate to revise Department of State metrics for successful economic and commercial diplomacy (a) Mandate to revise department of state performance measures for economic and commercial diplomacy The Secretary shall, as part of the Department’s next regularly scheduled review on metrics and performance measures, include revisions of Department performance measures for economic and commercial diplomacy, by identifying outcome-oriented, and not process-oriented, performance metrics, including metrics that— (1) measure how Department efforts advanced specific economic and commercial objectives and led to successes for the United States or other private sector actors overseas; and (2) focus on customer satisfaction with Department services and assistance. (b) Plan for ensuring complete data for performance measures As part of the review required under subsection (a), the Secretary shall include a plan for ensuring that— (1) the Department, both at its main headquarters and at domestic and overseas posts, maintains and fully updates data on performance measures; and (2) Department leadership and the appropriate congressional committees can evaluate the extent to which the Department is advancing United States economic and commercial interests abroad through meeting performance targets. (c) Report on private sector surveys The Secretary shall prepare a report that lists and describes all the methods through which the Department conducts surveys of the private sector to measure private sector satisfaction with assistance and services provided by the Department to advance private sector economic and commercial goals in foreign markets. (d) Report Not later than 90 days after conducting the review pursuant to subsection (a), the Secretary shall submit to the appropriate congressional committees— (1) the revised performance metrics required under subsection (a); and (2) the report required under subsection (c). 6503. Chief of mission economic responsibilities Section 207 of the Foreign Service Act of 1980 ( 22 U.S.C. 3927 (e) Embassy economic team (1) Coordination and supervision Each chief of mission shall coordinate and supervise the implementation of all United States economic policy interests within the host country in which the diplomatic mission is located, among all United States Government departments and agencies present in such country. (2) Accountability The chief of mission is responsible for the performance of the diplomatic mission in advancing United States economic policy interests within the host country. (3) Mission economic team The chief of mission shall designate appropriate embassy staff to form a mission economic team that— (A) monitors notable economic, commercial, and investment-related developments in the host country; and (B) develops plans and strategies for advancing United States economic and commercial interests in the host country, including— (i) tracking legislative, regulatory, judicial, and policy developments that could affect United States economic, commercial, and investment interests; (ii) advocating for best practices with respect to policy and regulatory developments; (iii) conducting regular analyses of market systems, trends, prospects, and opportunities for value-addition, including risk assessments and constraints analyses of key sectors and of United States strategic competitiveness, and other reporting on commercial opportunities and investment climate; and (iv) providing recommendations for responding to developments that may adversely affect United States economic and commercial interests. . 6504. Direction to embassy deal teams (a) Purposes The purposes of deal teams at United States embassies and consulates are— (1) to promote a private sector-led approach— (A) to advance economic growth and job creation that is tailored, as appropriate, to specific economic sectors; and (B) to advance strategic partnerships; (2) to prioritize efforts— (A) to identify commercial and investment opportunities; (B) to advocate for improvements in the business and investment climate; (C) to engage and consult with private sector partners; and (D) to report on the activities described in subparagraphs (A) through (C), in accordance with the applicable requirements under sections 706 and 707 of the Championing American Business Through Diplomacy Act of 2019 (22 U.S.C. 9902 and 9903); (3) (A) (i) to identify trade and investment opportunities for United States companies in foreign markets; or (ii) to assist with existing trade and investment opportunities already identified by United States companies; and (B) to deploy United States Government economic and other tools to help such United States companies to secure their objectives; (4) to identify and facilitate opportunities for entities in a host country to increase exports to, or investment in, the United States in order to grow two-way trade and investment; (5) to modernize, streamline, and improve access to resources and services designed to promote increased trade and investment opportunities; (6) to identify and secure United States or allied government support of strategic projects, such as ports, railways, energy production and distribution, critical minerals development, telecommunications networks, and other critical infrastructure projects vulnerable to predatory investment by an authoritarian country or entity in such country where support or investment serves an important United States interest; (7) to coordinate across the Unites States Government to ensure the appropriate and most effective use of United States Government tools to support United States economic, commercial, and investment objectives; and (8) to coordinate with the multi-agency DC Central Deal Team, established in February 2020, on the matters described in paragraphs (1) through (7) and other relevant matters. (b) Clarification A deal team may be composed of the personnel comprising the mission economic team formed pursuant to section 207(e)(3) of the Foreign Service Act of 1980, as added by section 6503. (c) Restrictions A deal team may not provide support for, or assist a United States person with a transaction involving, a government, or an entity owned or controlled by a government, if the Secretary determines that such government— (1) has repeatedly provided support for acts of international terrorism, as described in— (A) section 1754(c)(1)(A)(i) of the Export Control Reform Act of 2018 (subtitle B of title XVII of Public Law 115–232 (B) section 620A(a) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2371(a) (C) section 40(d) of the Arms Export Control Act ( 22 U.S.C. 2780(d) (D) any other relevant provision of law; or (2) has engaged in an activity that would trigger a restriction under section 116(a) or 502B(a)(2) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2151n(a) (d) Further restrictions (1) Prohibition on support of sanctioned persons Deal teams may not carry out activities prohibited under United States sanctions laws or regulations, including dealings with persons on the list of specially designated persons and blocked persons maintained by the Office of Foreign Assets Control of the Department of the Treasury, except to the extent otherwise authorized by the Secretary of the Treasury or the Secretary. (2) Prohibition on support of activities subject to sanctions Any person receiving support from a deal team must be in compliance with all United States sanctions laws and regulations as a condition for receiving such assistance. (e) Chief of mission authority and accountability The chief of mission to a foreign country— (1) is the designated leader of a deal team in such country; and (2) shall be held accountable for the performance and effectiveness of United States deal teams in such country. (f) Guidance cable The Department shall send out regular guidance on Deal Team efforts by an All Diplomatic and Consular Posts (referred to in this section as ALDAC (1) describes the role of deal teams; and (2) includes relevant and up-to-date information to enhance the effectiveness of deal teams in a country. (g) Confidentiality of information (1) In general In preparing the cable required under subsection (f), the Secretary shall protect from disclosure any proprietary information of a United States person marked as business confidential information unless the person submitting such information— (A) had notice, at the time of submission, that such information would be released by; or (B) subsequently consents to the release of such information. (2) Treatment as trade secrets Proprietary information obtained by the United States Government from a United States person pursuant to the activities of deal teams shall be— (A) considered to be trade secrets and commercial or financial information (as such terms are used under section 552b(c)(4) of title 5, United States Code); and (B) exempt from disclosure without the express approval of the person. (h) Sunset The requirements under subsections (f) through (h) shall terminate on the date that is 5 years after the date of the enactment of this Act. 6505. Establishment of a Deal Team of the Year (a) Establishment The Secretary shall establish a new award, to be known as the Deal Team of the Year Award (b) Award content (1) Department of State Each member of a deal team receiving an award pursuant to subsection (a) shall receive a certificate that is signed by the Secretary and— (A) in the case of a member of the Foreign Service, is included in the next employee evaluation report; or (B) in the case of a Civil Service employee, is included in the next annual performance review. (2) Other Federal agencies If an award is presented pursuant to subsection (a) to a Federal Government employee who is not employed by the Department, the employing agency may determine whether to provide such employee any recognition or benefits in addition to the recognition or benefits provided by the Department. (c) Eligibility Any interagency economics team at a United States overseas mission under chief of mission authority that assists United States companies with identifying, navigating, and securing trade and investment opportunities in a foreign country or that facilitates beneficial foreign investment into the United States is eligible for an award under this section. (d) Report Not later than the last day of the fiscal year in which awards are presented pursuant to subsection (a), the Secretary shall submit a report to the appropriate congressional committees that includes— (1) each mission receiving a Deal Team of the Year Award. (2) the names and agencies of each awardee within the recipient deal teams; and (3) a detailed description of the reason such deal teams received such award. LXVI Public diplomacy 6601. Public diplomacy outreach (a) Coordination of resources The Administrator of the United States Agency for International Development and the Secretary shall direct public affairs sections at United States embassies and USAID Mission Program Officers at USAID missions to coordinate, enhance and prioritize resources for public diplomacy and awareness campaigns around United States diplomatic and development efforts, including through— (1) the utilization of new media technology for maximum public engagement; and (2) enact coordinated comprehensive community outreach to increase public awareness and understanding and appreciation of United States diplomatic and development efforts. (b) Development outreach and coordination officers USAID should prioritize hiring of additional Development Outreach and Coordination officers in USAID missions to support the purposes of subsection (a). (c) Best practices The Secretary and the Administrator of USAID shall identify 10 countries in which Embassies and USAID missions have successfully executed efforts, including monitoring and evaluation of such efforts, described in (a) and develop best practices to be turned into Department and USAID guidance. 6602. Modification on use of funds for Radio Free Europe/Radio Liberty In section 308(h) of the United States International Broadcasting Act of 1994 ( 22 U.S.C. 6207(h) (1) by striking subparagraphs (1), (3), and (5); and (2) by redesignating paragraphs (2) and (4) as paragraphs (1) and (2), respectively. 6603. International broadcasting (a) Voice of America Section 303 of the United States International Broadcasting Act of 1994 ( 22 U.S.C. 6202 (d) Voice of America operations and structure (1) Operations The Director of the Voice of America (VOA)— (A) shall direct and supervise the operations of VOA, including making all major decisions relating its staffing; and (B) may utilize any authorities made available to the United States Agency for Global Media or to its Chief Executive Officer under this Act or under any other Act to carry out its operations in an effective manner. (2) Plan Not later than 180 days after the date of the enactment of this Act, the Director of VOA shall submit to the Committee on Foreign Relations and of the Senate Committee on Foreign Affairs of the House of Representatives . (b) Appointment of Chief Executive Officer Section 304 of such Act ( 22 U.S.C. 6203 (1) in subsection (a), by striking as an entity described in section 104 of title 5, United States Code under the direction of the International Broadcasting Advisory Board (2) in subsection (b)(1), by striking the second sentence and inserting the following: Notwithstanding any other provision of law, when a vacancy arises, until such time as a Chief Executive Officer, to whom sections 3345 through 3349b of title 5, United States Code, shall not apply, is appointed and confirmed by the Senate, an acting Chief Executive Officer shall be appointed by the International Broadcasting Advisory Board and shall continue to serve and exercise the authorities and powers under this title as the sole means of filling such vacancy, for the duration of the vacancy. In the absence of a quorum on the International Broadcasting Advisory Board, the first principal deputy of the United States Agency for Global Media shall serve as acting Chief Executive Officer. (c) Chief Executive Officer authorities Section 305(a)(1) of such Act ( 22 U.S.C. 6204(a)(1) To supervise all To oversee, coordinate, and provide strategic direction for (d) International Broadcasting Advisory Board Section 306(a) of such Act ( 22 U.S.C. 6205(a) advise the Chief Executive Officer of oversee and advise the Chief Executive Officer and (e) Radio Free Africa; Radio Free Americas Not later than 180 days after the date of the enactment of this Act, the Chief Executive Officer of the United States Agency for Global Media shall submit a report to the Committee on Foreign Relations of the Senate Committee on Appropriations of the Senate Committee on Foreign Affairs of the House of Representatives Committee on Appropriations of the House of Representatives (1) the region of Africa, with respect to Radio Free Africa; and (2) the region of Latin America and the Caribbean, with respect to Radio Free Americas. 6604. John Lewis Civil Rights Fellowship program (a) In general The Mutual Educational and Cultural Exchange Act of 1961 ( 22 U.S.C. 2451 et seq. 115. John Lewis civil rights fellowship program (a) Establishment There is established the John Lewis Civil Rights Fellowship Program (referred to in this section as the Fellowship Program (b) Purposes The purposes of the Fellowship Program are— (1) to honor the legacy of Representative John Lewis by promoting a greater understanding of the history and tenets of nonviolent civil rights movements; and (2) to advance foreign policy priorities of the United States by promoting studies, research, and international exchange in the subject of nonviolent movements that established and protected civil rights around the world. (c) Administration The Bureau of Educational and Cultural Affairs (referred to in this section as the Bureau (d) Selection of fellows (1) In general The Board shall annually select qualified individuals to participate in the Fellowship Program. The Bureau may determine the number of fellows selected each year, which, whenever feasible, shall be not fewer than 25. (2) Outreach (A) In general To the extent practicable, the Bureau shall conduct outreach at institutions, including— (i) minority serving institutions, including historically Black colleges and universities; and (ii) other appropriate institutions, as determined by the Bureau. (B) Definitions In this paragraph: (i) Historically black college and university The term historically Black college and university part B institution 20 U.S.C. 1061 (ii) Minority serving institution The term minority-serving institution 20 U.S.C. 1067q(a) (e) Fellowship orientation Annually, the Bureau shall organize and administer a fellowship orientation, which shall— (1) be held in Washington, D.C., or at another location selected by the Bureau; and (2) include programming to honor the legacy of Representative John Lewis. (f) Structure (1) Work plan To carry out the purposes described in subsection (b)— (A) each fellow selected pursuant to subsection (d) shall arrange an internship or research placement— (i) with a nongovernmental organization, academic institution, or other organization approved by the Bureau; and (ii) in a country with an operational Fulbright U.S. Student Program; and (B) the Bureau shall, for each fellow, approve a work plan that identifies the target objectives for the fellow, including specific duties and responsibilities relating to those objectives. (2) Conferences; presentations Each fellow shall— (A) attend a fellowship orientation organized and administered by the Bureau under subsection (e); (B) not later than the date that is 1 year after the end of the fellowship period, attend a fellowship summit organized and administered by the Bureau, which— (i) whenever feasible, shall be held in Atlanta, Georgia, or another location of importance to the civil rights movement in the United States; and (ii) may coincide with other events facilitated by the Bureau; and (C) at such summit, give a presentation on lessons learned during the period of fellowship. (3) Fellowship period Each fellowship under this section shall continue for a period determined by the Bureau, which, whenever feasible, shall be not fewer than 10 months. (g) Fellowship award The Bureau shall provide each fellow under this section with an allowance that is equal to the amount needed for— (1) the reasonable costs of the fellow during the fellowship period; and (2) travel and lodging expenses related to attending the orientation and summit required under subsection (e)(2). (h) Annual report Not later than 1 year after the date of the completion of the Fellowship Program by the initial cohort of fellows selected under subsection (d), and annually thereafter, the Secretary of State shall submit to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives a report on the implementation of the Fellowship Program, including— (1) a description of the demographics of the cohort of fellows who completed a fellowship during the preceding 1-year period; (2) a description of internship and research placements, and research projects selected by such cohort, under the Fellowship Program, including feedback from— (A) such cohort on implementation of the Fellowship Program; and (B) the Secretary on lessons learned; and (3) an analysis of trends relating to the diversity of each cohort of fellows and the topics of projects completed since the establishment of the Fellowship Program. . (b) Technical and conforming amendments to the mutual educational and cultural exchange Act of 1961 Section 112(a) of the Mutual Educational and Cultural Exchange Act of 1961 ( 22 U.S.C. 2460(a) (1) in paragraph (8), by striking ; and (2) in paragraph (9), by striking the period and inserting ; and (3) by adding at the end the following new paragraph: (10) the John Lewis Civil Rights Fellowship Program established under section 115, which provides funding for international internships and research placements for early- to mid-career individuals from the United States to study nonviolent civil rights movements in self-arranged placements with universities or nongovernmental organizations in foreign countries. . 6605. Domestic engagement and public affairs (a) Strategy required Not later than 180 days after the date of the enactment of this Act, the Secretary shall develop a strategy to explain to the American people the value of the work of the Department and United States foreign policy to advancing the national security of the United States. The strategy shall include— (1) tools to inform the American people about the non-partisan importance of United States diplomacy and foreign relations and to utilize public diplomacy to meet the United States’ national security priorities; (2) efforts to reach the widest possible audience of Americans, including those who historically have not had exposure to United States foreign policy efforts and priorities; (3) additional staffing and resource needs including— (A) domestic positions within the Bureau of Global Public Affairs to focus on engagement with the American people as outlined in paragraph (1); (B) positions within the Bureau of Educational and Cultural Affairs to enhance program and reach the widest possible audience; (C) increasing the number of fellowship and detail programs that place Foreign Service and civil service employees outside the Department for a limited time, including Pearson Fellows, Reta Joe Lewis Local Diplomats, Brookings Fellows, and Georgetown Fellows; and (D) recommendations for increasing participation in the Hometown Diplomats program and evaluating this program as well as other opportunities for Department officers to engage with American audiences while traveling within the United States. 6606. Extension of Global Engagement Center Section 1287(j) of the National Defense Authorization Act for Fiscal Year 2017 ( 22 U.S.C. 2656 on the date that is 8 years after the date of the enactment of this Act on September 30, 2026 6607. Paperwork Reduction Act Section 5603(d) of the National Defense Authorization Act for Fiscal Year 2022 ( Public Law 117–81 (4) United States Information and Educational Exchange Act of 1948 ( Public Law 80–402 . 6608. Modernization and enhancement strategy Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit a strategy to the appropriate congressional committees for— (1) modernizing and increasing the operational and programming capacity of American Spaces and American Corners throughout the world, including by leveraging public-private partnerships; (2) providing salaries to locally employed staff of American Spaces and American Corners; and (3) providing opportunities for United States businesses and nongovernmental organizations to better utilize American Spaces. LXVII Other matters 6701. Internships of United States nationals at international organizations (a) In general The Secretary of State is authorized to bolster efforts to increase the number of United States citizens representative of the American people occupying positions in the United Nations system, agencies, and commissions, and in other international organizations, including by awarding grants to educational institutions and students. (b) Report Not later than 90 days after the date of the enactment of this Act, the Secretary of State shall submit a report to the appropriate congressional committees that identifies— (1) the number of United States citizens who are involved in internship programs at international organizations; (2) the distribution of the individuals described in paragraph (1) among various international organizations; and (3) grants, programs, and other activities that are being utilized to recruit and fund United States citizens to participate in internship programs at international organizations. (c) Eligibility An individual referred to in subsection (a) is an individual who— (1) is enrolled at or received their degree within two years from— (A) an institution of higher education; or (B) an institution of higher education based outside the United States, as determined by the Secretary of State; and (2) is a citizen of the United States. (d) Authorization of appropriations There is authorized to be appropriated $1,500,000 for the Department of State for fiscal year 2024 to carry out the grant program authorized under subsection (a). 6702. Training for international organizations (a) Training programs Section 708 of the Foreign Service Act of 1980 ( 22 U.S.C. 4028 (e) Training in multilateral diplomacy (1) In general The Secretary, in consultation with other senior officials as appropriate, shall establish training courses on— (A) the conduct of diplomacy at international organizations and other multilateral institutions; and (B) broad-based multilateral negotiations of international instruments. (2) Required training Members of the Service, including appropriate chiefs of mission and other officers who are assigned to United States missions representing the United States to international organizations and other multilateral institutions or who are assigned in other positions that have as their primary responsibility formulation of policy related to such organizations and institutions, or participation in negotiations of international instruments, shall receive specialized training in the areas described in paragraph (1) prior to the beginning of service for such assignment or, if receiving such training at that time is not practical, within the first year of beginning such assignment. . (b) Training for Department employees The Secretary of State shall ensure that employees of the Department of State who are assigned to positions described in paragraph (2) of subsection (e) of section 708 of the Foreign Service Act of 1980 (as added by subsection (a) of this section), including members of the civil service or general service, or who are seconded to international organizations for a period of at least one year, receive training described in such subsection and participate in other such courses as the Secretary may recommend to build or augment identifiable skills that would be useful for such Department officials representing United States interests at these institutions and organizations. 6703. Modification to transparency on international agreements and non-binding instruments Section 112b of title 1, United States Code, as most recently amended by section 5947 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 ( Public Law 117–263 (1) by redesignating subsections (h) through (l) as subsections (i) through (m), respectively; and (2) by inserting after subsection (g) the following: (h) (1) If the Secretary is aware or has reason to believe that the requirements of subsection (a), (b), or (c) have not been fulfilled with respect to an international agreement or qualifying non-binding instrument, the Secretary shall— (A) immediately bring the matter to the attention of the office or agency responsible for the agreement or qualifying non-binding instrument; and (B) request the office or agency to provide within 7 days the text or other information necessary to fulfill the requirements of the relevant subsection. (2) Upon receiving the text or other information requested pursuant to paragraph (1), the Secretary shall— (A) fulfill the requirements of subsection (a), (b), or (c), as the case may be, with respect to the agreement or qualifying non-binding instrument concerned— (i) by including such text or other information in the next submission required by subsection (a)(1); (ii) by providing such information in writing to the Majority Leader of the Senate, the Minority Leader of the Senate, the Speaker of the House of Representatives, the Minority Leader of the House of Representatives, and the appropriate congressional committees before provision of the submission described in clause (i); or (iii) in relation to subsection (b), by making the text of the agreement or qualifying non-binding instrument and the information described in subparagraphs (A)(iii) and (B)(iii) of subsection (a)(1) relating to the agreement or instrument available to the public on the website of the Department of State within 15 days of receiving the text or other information requested pursuant to paragraph (1); and (B) provide to the Majority Leader of the Senate, the Minority Leader of the Senate, the Speaker of the House of Representatives, the Minority Leader of the House of Representatives, and the appropriate congressional committees, either in the next submission required by subsection (a)(1) or before such submission, a written statement explaining the reason for the delay in fulfilling the requirements of subsection (a), (b), or (c), as the case may be. . 6704. Report on partner forces utilizing United States security assistance identified as using hunger as a weapon of war (a) Sense of Congress It is the sense of Congress that— (1) the United States recognizes the link between armed conflict and conflict-induced food insecurity; (2) Congress recognizes and condemns the role of nefarious security actors, including state and non-state armed groups, who have utilized hunger as a weapon of war, including through the unanimous adoption of House of Representatives Resolution 922 and Senate Resolution 669 relating to [c]ondemning the use of hunger as a weapon of war and recognizing the effect of conflict on global food security and famine (3) the United States should use the diplomatic and humanitarian tools at our disposal to not only fight global hunger, mitigate the spread of conflict, and promote critical, lifesaving assistance, but also hold perpetrators using hunger as a weapon of war to account. (b) Definitions In this paragraph: (1) Hunger as a weapon of war The term hunger as a weapon of war (A) intentional starvation of civilians; (B) intentional and reckless destruction, removal, looting, or rendering useless objects necessary for food production and distribution, such as farmland, markets, mills, food processing and storage facilities, food stuffs, crops, livestock, agricultural assets, waterways, water systems, drinking water facilities and supplies, and irrigation networks; (C) undue denial of humanitarian access and deprivation of objects indispensable to people’s survival, such as food supplies and nutrition resources; and (D) willful interruption of market systems for populations in need, including through the prevention of travel and manipulation of currency exchange. (2) Security assistance The term security assistance security assistance 22 U.S.C. 2304 (c) Report Not later than 180 days after the date of the enactment of this Act, the Secretary, in consultation with the Administrator of the United States Agency for International Development, and the Secretary of Defense shall submit a report to the appropriate congressional committees, the Committee on Armed Services of the Senate, and the Committee on Armed Services of the House of Representatives regarding— (1) United States-funded security assistance and cooperation; and (2) whether the governments and entities receiving such assistance have or are currently using hunger as a weapon of war. (d) Elements The report required under subsection (c) shall— (1) identify countries receiving United States-funded security assistance or participating in security programs and activities, including in coordination with the Department of Defense, that are currently experiencing famine-like conditions as a result of conflict; (2) describe the actors and actions taken by such actors in the countries identified pursuant to paragraph (1) who are utilizing hunger as a weapon of war; and (3) describe any current or existing plans to continue providing United States-funded security assistance to recipient countries. (e) Form The report required under subsection (c) shall be submitted in unclassified form, but may include a classified annex. 6705. Infrastructure projects and investments by the United States and People’s Republic of China Not later than 1 year after the date of the enactment of this Act, the Secretary, in coordination with the Administrator of the United States Agency for International Development and the Chief Executive Officer of the Development Finance Corporation, shall submit to the appropriate congressional committees, the Committee on Appropriations of the Senate, and the Committee on Appropriations of the House of Representatives a report regarding the opportunities and costs of infrastructure projects in Middle East, African, and Latin American and Caribbean countries, which shall— (1) describe the nature and total funding of United States infrastructure investments and construction in Middle East, African, and Latin American and Caribbean countries, and that of United States allies and partners in the same regions; (2) describe the nature and total funding of infrastructure investments and construction by the People’s Republic of China in Middle East, African, and Latin American and Caribbean countries; (3) assess the national security threats posed by the infrastructure investment gap between the People’s Republic of China and the United States and United States allies and partners, including— (A) infrastructure, such as ports; (B) access to critical and strategic minerals; (C) digital and telecommunication infrastructure; (D) threats to supply chains; and (E) general favorability towards the People’s Republic of China and the United States and United States’ allies and partners among Middle East, African, and Latin American and Caribbean countries; (4) assess the opportunities and challenges for companies based in the United States to invest in infrastructure projects in Middle East, African, and Latin American and Caribbean countries; (5) describe options for the United States Government to undertake to increase support for United States businesses engaged in large-scale infrastructure projects in Middle East, African, and Latin American and Caribbean countries; and (6) identify regional infrastructure priorities, ranked according to United States national interests, in Middle East, African, and Latin American and Caribbean countries. 6706. Special envoys (a) Review Not later than 180 days after the date of the enactment of this Act, the Secretary shall conduct a review of all special envoy positions to determine— (1) which special envoy positions are needed to accomplish the mission of the Department; (2) which special envoy positions could be absorbed into the Department’s existing bureau structure; (3) which special envoy positions were established by an Act of Congress; and (4) which special envoy positions were created by the Executive Branch without explicit congressional approval. (b) Report Not later than 60 days after the completion of the review required under subsection (a), the Secretary shall submit a report to the appropriate congressional committees that includes— (1) a list of every special envoy position in the Department; (2) a detailed justification of the need for each special envoy, if warranted; (3) a list of the special envoy positions that could be absorbed into the Department’s existing bureau structure without compromising the mission of the Department; (4) a list of the special envoy positions that were created by an Act of Congress; and (5) a list of the special envoy positions that are not expressly authorized by statute. 6707. US–ASEAN Center (a) Defined term In this section, the term ASEAN (b) Establishment The Secretary is authorized to enter into a public-private partnership for the purposes of establishing a US–ASEAN Center in the United States to support United States economic and cultural engagement with Southeast Asia. (c) Functions Notwithstanding any other provision of law, the US–ASEAN Center established pursuant to subsection (b) may— (1) provide grants for research to support and elevate the importance of the US–ASEAN partnership; (2) facilitate activities to strengthen US–ASEAN trade and investment; (3) expand economic and technological relationships between ASEAN countries and the United States into new areas of cooperation; (4) provide training to United States citizens and citizens of ASEAN countries that improve people-to-people ties; (5) develop educational programs to increase awareness for the United States and ASEAN countries on the importance of relations between the United States and ASEAN countries; and (6) carry out other activities the Secretary considers necessary to strengthen ties between the United States and ASEAN countries and achieve the objectives of the US–ASEAN Center. 6708. Briefings on the United States-European Union Trade and Technology Council It is the sense of Congress that the United States-European Union Trade and Technology Council is an important forum for the United States and in the European Union to engage on transatlantic trade, investment, and engagement on matters related to critical and emerging technology and that the Department should provide regular updates to the appropriate congressional committees on the deliverables and policy initiatives announced at United States-European Union Trade and Technology Council ministerials 6709. Modification and repeal of reports (a) Country reports on human rights practices (1) In general The Secretary shall examine the production of the 2023 and subsequent annual Country Reports on Human Rights Practices by the Assistant Secretary for Democracy, Human Rights, and Labor as required under sections 116(d) and 502B(b) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2151n(d) (A) cost and personnel efficiencies; (B) the potential use of data and analytic tools and visualization; and (C) advancement of the modernization agenda for the Department announced by the Secretary on October 27, 2021. (2) Transnational repression amendments to annual country reports on human rights practices Section 116(d) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2151n(d) (13) Wherever applicable, a description of the nature and extent of acts of transnational repression that occurred during the preceding year, including identification of— (A) incidents in which a government harassed, intimidated, or killed individuals outside of their internationally recognized borders and the patterns of such repression among repeat offenders; (B) countries in which such transnational repression occurs and the role of the governments of such countries in enabling, preventing, mitigating, and responding to such acts; (C) the tactics used by the governments of countries identified pursuant to subparagraph (A), including the actions identified and any new techniques observed; (D) in the case of digital surveillance and harassment, the type of technology or platform, including social media, smart city technology, health tracking systems, general surveillance technology, and data access, transfer, and storage procedures, used by the governments of countries identified pursuant to subparagraph (A) for such actions; and (E) groups and types of individuals targeted by acts of transnational repression in each country in which such acts occur. . (b) Elimination of obsolete reports (1) Annual reports relating to funding mechanisms for telecommunications security and semiconductors Division H of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 (A) in section 9202(a)(2) ( 47 U.S.C. 906(a)(2) (i) by striking subparagraph (C); and (ii) by redesignating subparagraph (D) as subparagraph (C); and (B) in section 9905 ( 15 U.S.C. 4655 (i) by striking subsection (c); and (ii) by redesignating subsection (d) as subsection (c). (2) Reports relating to foreign assistance to counter Russian influence and media organizations controlled by Russia The Countering Russian Influence in Europe and Eurasia Act of 2017 (title II of Public Law 115–44 (A) in section 254(e)— (i) in paragraph (1)— (I) by striking In general (II) by redesignating subparagraphs (A), (B), and (C) as paragraphs (1), (2), and (3), respectively, and moving such paragraphs 2 ems to the left; and (ii) by striking paragraph (2); and (B) by striking section 255. (3) Annual report on promoting the rule of law in the Russian Federation Section 202 of the Russia and Moldova Jackson-Vanik Repeal and Sergei Magnitsky Rule of Law Accountability Act of 2012 ( Public Law 112–208 (4) Annual report on advancing freedom and democracy Section 2121 of the Advance Democratic Values, Address Nondemocratic Countries, and Enhance Democracy Act of 2007 (title XXI of Public Law 110–53 (5) Annual reports on United States-Vietnam human rights dialogue meetings Section 702 of the Foreign Relations Authorization Act, Fiscal Year 2003 ( 22 U.S.C. 2151n 6710. Modification of Build Act of 2018 to prioritize projects that advance national security Section 1412 of the Build Act of 2018 ( 22 U.S.C. 9612 (d) Prioritization of national security interests The Corporation shall prioritize the provision of support under title II in projects that advance core national security interests of the United States with respect to the People’s Republic of China. . 6711. Permitting for international bridges The International Bridge Act of 1972 ( 33 U.S.C. 535 et seq. 6. Permitting for international bridges (a) Definitions In this section: (1) Eligible applicant The term eligible applicant (A) 1 or more international bridges in Webb County, Texas. (B) An international bridge in Cameron County, Texas. (C) An international bridge in Maverick County, Texas. (2) Presidential permit (A) In general The term Presidential permit (i) an approval by the President to construct, maintain, and operate an international bridge under section 4; or (ii) an approval by the President to construct, maintain, and operate an international bridge pursuant to a process described in Executive Order 13867 (84 Fed. Reg. 15491; relating to Issuance of Permits With Respect to Facilities and Land Transportation Crossings at the International Boundaries of the United States) (or any successor Executive Order). (B) Inclusion The term Presidential permit (3) Secretary The term Secretary (b) Application An eligible applicant for a Presidential permit to construct, maintain, and operate an international bridge shall submit an application for the permit to the Secretary. (c) Recommendation (1) In general Not later than 60 days after the date on which the Secretary receives an application under subsection (b), the Secretary shall make a recommendation to the President— (A) to grant the Presidential permit; or (B) to deny the Presidential permit. (2) Consideration The sole basis for a recommendation under paragraph (1) shall be whether the international bridge is in the foreign policy interests of the United States. (d) Presidential action (1) In general The President shall grant or deny the Presidential permit for an application under subsection (b) by not later than 60 days after the earlier of— (A) the date on which the Secretary makes a recommendation under subsection (c)(1); and (B) the date on which the Secretary is required to make a recommendation under subsection (c)(1). (2) No action (A) In general Subject to subparagraph (B), if the President does not grant or deny the Presidential permit for an application under subsection (b) by the deadline described in paragraph (1), the Presidential permit shall be considered to have been granted as of that deadline. (B) Requirement As a condition on a Presidential permit considered to be granted under subparagraph (A), the eligible applicant shall complete all applicable environmental documents required pursuant to Public Law 91–190 42 U.S.C. 4321 et seq. (e) Document requirements Notwithstanding any other provision of law, the Secretary shall not require an eligible applicant for a Presidential permit— (1) to include in the application under subsection (b) environmental documents prepared pursuant to Public Law 91–190 42 U.S.C. 4321 et seq. (2) to have completed any environmental review under Public Law 91–190 42 U.S.C. 4321 et seq. (f) Rules of construction Nothing in this section— (1) prohibits the President from granting a Presidential permit conditioned on the eligible applicant completing all environmental documents pursuant to Public Law 91–190 42 U.S.C. 4321 et seq. (2) prohibits the Secretary from requesting a list of all permits and approvals from Federal, State, and local agencies that the eligible applicant believes are required in connection with the international bridge, or a brief description of how those permits and approvals will be acquired; or (3) exempts an eligible applicant from the requirement to complete all environmental documents pursuant to Public Law 91–190 42 U.S.C. 4321 et seq. . LXVIII AUKUS matters 6801. Definitions In this title: (1) Appropriate congressional committees The term appropriate congressional committees (A) the Committee on Foreign Relations and the Committee on Armed Services of the Senate; and (B) the Committee on Foreign Affairs and the Committee on Armed Services of the House of Representatives. (2) AUKUS partnership (A) In general The term AUKUS partnership (B) Pillars The AUKUS partnership includes the following two pillars: (i) Pillar One is focused on developing a pathway for Australia to acquire conventionally armed, nuclear-powered submarines. (ii) Pillar Two is focused on enhancing trilateral collaboration on advanced defense capabilities, including hypersonic and counter hypersonic capabilities, quantum technologies, undersea technologies, and artificial intelligence. (3) International Traffic in Arms Regulations The term International Traffic in Arms Regulations A Outlining the AUKUS partnership 6811. Statement of policy on the AUKUS partnership (a) Statement of policy It is the policy of the United States that— (1) the AUKUS partnership is integral to United States national security, increasing United States and allied capability in the undersea domain of the Indo-Pacific, and developing cutting edge military capabilities; (2) the transfer of conventionally armed, nuclear-powered submarines to Australia, if implemented appropriately, will position the United States and its allies to maintain peace and security in the Indo-Pacific; (3) the transfer of conventionally armed, nuclear-powered submarines to Australia will be safely implemented with the highest nonproliferation standards in alignment with— (A) safeguards established by the International Atomic Energy Agency; and (B) the Additional Protocol to the Agreement between Australia and the International Atomic Energy Agency for the application of safeguards in connection with the Treaty on the Non-Proliferation of Nuclear Weapons, signed at Vienna September 23, 1997; (4) the United States will enter into a mutual defense agreement with Australia, modeled on the 1958 bilateral mutual defense agreement with the United Kingdom, for the sole purpose of facilitating the transfer of naval nuclear propulsion technology to Australia; (5) working with the United Kingdom and Australia to develop and provide joint advanced military capabilities to promote security and stability in the Indo-Pacific will have tangible impacts on United States military effectiveness across the world; (6) in order to better facilitate cooperation under Pillar 2 of the AUKUS partnership, it is imperative that every effort be made to streamline United States export controls consistent with necessary and reciprocal security safeguards on United States technology at least comparable to those of the United States; (7) the trade authorization mechanism for the AUKUS partnership administered by the Department is a critical first step in reimagining the United States export control system to carry out the AUKUS partnership and expedite technology sharing and defense trade among the United States, Australia, and the United Kingdom; and (8) the vast majority of United States defense trade with Australia is conducted through the Foreign Military Sales (FMS) process, the preponderance of defense trade with the United Kingdom is conducted through Direct Commercial Sales (DCS), and efforts to streamline United States export controls should focus on both Foreign Military Sales and Direct Commercial Sales. 6812. Senior Advisor for the AUKUS partnership at the Department of State (a) In general There shall be a Senior Advisor for the AUKUS partnership at the Department, who— (1) shall report directly to the Secretary; and (2) may not hold another position in the Department concurrently while holding the position of Senior Advisor for the AUKUS partnership. (b) Duties The Senior Advisor shall— (1) be responsible for coordinating efforts related to the AUKUS partnership across the Department, including the bureaus engaged in nonproliferation, defense trade, security assistance, and diplomatic relations in the Indo-Pacific; (2) serve as the lead within the Department for implementation of the AUKUS partnership in interagency processes, consulting with counterparts in the Department of Defense, the Department of Commerce, the Department of Energy, the Office of Naval Reactors, and any other relevant agencies; (3) lead diplomatic efforts related to the AUKUS partnership with other governments to explain how the partnership will enhance security and stability in the Indo-Pacific; and (4) consult regularly with the appropriate congressional committees, and keep such committees fully and currently informed, on issues related to the AUKUS partnership, including in relation to the AUKUS Pillar 1 objective of supporting Australia’s acquisition of conventionally armed, nuclear-powered submarines and the Pillar 2 objective of jointly developing advanced military capabilities to support security and stability in the Indo-Pacific, as affirmed by the President of the United States, the Prime Minister of the United Kingdom, and the Prime Minister of Australia on April 5, 2022. (c) Personnel to support the Senior Advisor The Secretary shall ensure that the Senior Advisor is adequately staffed, including through encouraging details, or assignment of employees of the Department, with expertise related to the implementation of the AUKUS partnership, including staff with expertise in— (1) nuclear policy, including nonproliferation; (2) defense trade and security cooperation, including security assistance; and (3) relations with respect to political-military issues in the Indo-Pacific and Europe. (d) Notification Not later than 180 days after the date of the enactment of this Act, and not later than 90 days after a Senior Advisor assumes such position, the Secretary shall notify the appropriate congressional committees of the number of full-time equivalent positions, relevant expertise, and duties of any employees of the Department or detailees supporting the Senior Advisor. (e) Sunset (1) In general The position of the Senior Advisor for the AUKUS partnership shall terminate on the date that is 8 years after the date of the enactment of this Act. (2) Renewal The Secretary may renew the position of the Senior Advisor for the AUKUS partnership for 1 additional period of 4 years, following notification to the appropriate congressional committees of the renewal. B Authorization for AUKUS submarine training 6823. Australia, United Kingdom, and United States submarine security training (a) In general The President may transfer or export directly to private individuals in Australia defense services that may be transferred to the Government of Australia under the Arms Export Control Act ( 22 U.S.C. 2751 et seq. (b) Security controls (1) In general Any defense service transferred or exported under subsection (a) shall be subject to appropriate security controls to ensure that any sensitive information conveyed by such transfer or export is protected from disclosure to persons unauthorized by the United States to receive such information. (2) Certification Not later than 30 days before the first transfer or export of a defense service under subsection (a), and annually thereafter, the President shall certify to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives that the controls described in paragraph (1) will protect the information described in such paragraph for the defense services so transferred or exported. (c) Application of requirements for retransfer and reexport Any person who receives any defense service transferred or exported under subsection (a) may retransfer or reexport such service to other persons only in accordance with the requirements of the Arms Export Control Act ( 22 U.S.C. 2751 et seq. C Streamlining and protecting transfers of United States military technology from compromise 6831. Priority for Australia and the United Kingdom in Foreign Military Sales and Direct Commercial Sales (a) In general The President shall institute policies and procedures for letters of request from Australia and the United Kingdom to transfer defense articles and services under section 21 of the Arms Export Control Act ( 22 U.S.C. 2761 (b) Technology transfer policy for Australia, Canada, and the United Kingdom (1) In general The Secretary, in consultation with the Secretary of Defense, shall create an anticipatory release policy for the transfer of technologies described in paragraph (2) to Australia, the United Kingdom, and Canada through Foreign Military Sales and Direct Commercial Sales that are not covered by an exemption under the International Traffic in Arms Regulations. (2) Capabilities described The capabilities described in this paragraph are— (A) Pillar One-related technologies associated with submarine and associated combat systems; and (B) Pillar Two-related technologies, including hypersonic missiles, cyber capabilities, artificial intelligence, quantum technologies, undersea capabilities, and other advanced technologies. (3) Expedited decision-making Review of a transfer under the policy established under paragraph (1) shall be subject to an expedited decision-making process. (c) Interagency policy and guidance The Secretary and the Secretary of Defense shall jointly review and update interagency policies and implementation guidance related to requests for Foreign Military Sales and Direct Commercial Sales, including by incorporating the anticipatory release provisions of this section. 6832. Identification and pre-clearance of platforms, technologies, and equipment for sale to Australia and the United Kingdom through Foreign Military Sales and Direct Commercial Sales Not later than 90 days after the date of the enactment of this Act, and on a biennial basis thereafter for 8 years, the President shall submit to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives a report that includes a list of advanced military platforms, technologies, and equipment that are pre-cleared and prioritized for sale and release to Australia, the United Kingdom and Canada through the Foreign Military Sales and Direct Commercial Sales programs without regard to whether a letter of request or license to purchase such platforms, technologies, or equipment has been received from any of such country. Each list may include items that are not related to the AUKUS partnership but may not include items that are not covered by an exemption under the International Traffic in Arms Regulations except unmanned aerial or hypersonic systems. 6833. Export control exemptions and standards (a) In general Section 38 of the Arms Export Control Act of 1976 ( 22 U.S.C. 2778 (l) AUKUS defense trade cooperation (1) Exemption from licensing and approval requirements Subject to paragraph (2) and notwithstanding any other provision of this section, the Secretary of State may exempt from the licensing or other approval requirements of this section exports and transfers (including reexports, retransfers, temporary imports, and brokering activities) of defense articles and defense services between or among the United States, the United Kingdom, and Australia that— (A) are not excluded by those countries; (B) are not referred to in subsection(j)(1)(C)(ii); and (C) involve only persons or entities that are approved by— (i) the Secretary of State; and (ii) the Ministry of Defense, the Ministry of Foreign Affairs, or other similar authority within those countries. (2) Limitation The authority provided in subparagraph (1) shall not apply to any activity, including exports, transfers, reexports, retransfers, temporary imports, or brokering, of United States defense articles and defense services involving any country or a person or entity of any country other than the United States, the United Kingdom, and Australia. . (b) Required standards of export controls The Secretary may only exercise the authority under subsection (l)(1) of section 38 of the Arms Export Control Act of 1976, as added by subsection (a) of this section, with respect to the United Kingdom or Australia 30 days after the Secretary submits to the appropriate congressional committees an unclassified certification and detailed unclassified assessment (which may include a classified annex) that the country concerned has implemented standards for a system of export controls that satisfies the elements of section 38(j)(2) of the Arms Export Control Act ( 22 U.S.C. 2778(j)(2) (c) Certain requirements not applicable (1) In general Paragraphs (1), (2), and (3) of section 3(d) of the Arms Export Control Act ( 22 U.S.C. 2753(d) (2) Quarterly reports The Secretary shall— (A) require all exports and transfers that would be subject to the requirements of paragraphs (1), (2), and (3) of section 3(d) of the Arms Export Control Act ( 22 U.S.C. 2753(d) (B) submit such reports to the Committee on Foreign Relations of the Senate and Committee on Foreign Affairs of the House of Representatives on a quarterly basis. (d) Sunset Any exemption under subsection (l)(1) of section 38 of the Arms Export Control Act of 1976, as added by subsection (a) of this section, shall terminate on the date that is 15 years after the date of the enactment of this Act. The Secretary of State may renew such exemption for 5 years upon a certification to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives that such exemption is in the vital national interest of the United States with a detailed justification for such certification. (e) Reports (1) Annual report (A) In general Not later than one year after the date of the enactment of this Act, and annually thereafter until no exemptions under subsection (l)(1) of section 38 of the Arms Export Control Act of 1976, as added by subsection (a) of this section, remain in effect, the Secretary shall submit to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives a report on the operation of exemptions issued under such subsection (l)(1), including whether any changes to such exemptions are likely to be made in the coming year. (B) Initial report The first report submitted under subparagraph (A) shall also include an assessment of key recommendations the United States Government has provided to the Governments of Australia and the United Kingdom to revise laws, regulations, and policies of such countries that are required to implement the AUKUS partnership. (2) Report on expedited review of export licenses for exports of advanced technologies Not later than 180 days after the date of the enactment of this Act, the Secretary of State, in coordination with the Secretary of Defense, shall report on the practical application of a possible fast track 6834. Expedited review of export licenses for exports of advanced technologies to Australia, the United Kingdom, and Canada (a) In general Not later than 180 days after the date of the enactment of this Act, the Secretary, in coordination with the Secretary of Defense, shall initiate a rulemaking to establish an expedited decision-making process, classified or unclassified, for applications to export to Australia, the United Kingdom, and Canada commercial, advanced-technology defense articles and defense services that are not covered by an exemption under the International Traffic in Arms Regulations. (b) Eligibility To qualify for the expedited decision-making process described in subsection (a), an application shall be for an export of defense articles or defense services that will take place wholly within or between the physical territory of Australia, Canada, or the United Kingdom and the United States and with governments or corporate entities from such countries. (c) Availability of expedited process The expedited decision-making process described in subsection (a) shall be available for both classified and unclassified items, and the process must satisfy the following criteria to the extent practicable: (1) Any licensing application to export defense articles and services that is related to a government to government agreement must be approved, returned, or denied within 30 days of submission. (2) For all other licensing requests, any review shall be completed not later than 45 calendar days after the date of application. 6835. United States Munitions List (a) Exemption for the governments of the United Kingdom and Australia from certification and congressional notification requirements applicable to certain transfers Section 38(f)(3) of the Arms Export Control Act ( 22 U.S.C. 2778(f)(3) , the United Kingdom, or Australia Canada (b) United States Munitions List periodic reviews (1) In general The Secretary, acting through authority delegated by the President to carry out periodic reviews of items on the United States Munitions List under section 38(f) of the Arms Export Control Act ( 22 U.S.C. 2778(f) (2) Scope The periodic reviews described in paragraph (1) shall focus on matters including— (A) interagency resources to address current threats faced by the United States; (B) the evolving technological and economic landscape; (C) the widespread availability of certain technologies and items on the United States Munitions List; and (D) risks of misuse of United States-origin defense articles. (3) Consultation The Department of State may consult with the Defense Trade Advisory Group (DTAG) and other interested parties in conducting the periodic review described in paragraph (1). D Other AUKUS matters 6841. Reporting related to the AUKUS partnership (a) Report on instruments (1) In general Not later than 30 days after the signature, conclusion, or other finalization of any non-binding instrument related to the AUKUS partnership, the President shall submit to the appropriate congressional committees the text of such instrument. (2) Non-duplication of efforts; rule of construction To the extent the text of a non-binding instrument is submitted to the appropriate congressional committees pursuant to subsection (a), such text does not need to be submitted to Congress pursuant to section 112b(a)(1)(A)(ii) of title 1, United States Code, as amended by section 5947 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 ( Public Law 117–263 (3) Definitions In this section: (A) In general The term text (i) any annex, appendix, codicil, side agreement, side letter, or any document of similar purpose or function to the aforementioned, regardless of the title of the document, that is entered into contemporaneously and in conjunction with the non-binding instrument; and (ii) any implementing agreement or arrangement, or any document of similar purpose or function to the aforementioned, regardless of the title of the document, that is entered into contemporaneously and in conjunction with the non-binding instrument. (B) Contemporaneously and in conjunction with As used in subparagraph (A), the term contemporaneously and in conjunction with (i) shall be construed liberally; and (ii) may not be interpreted to require any action to have occurred simultaneously or on the same day. (b) Report on AUKUS partnership (1) In general Not later than one year after the date of the enactment of this Act, and biennially thereafter, the Secretary, in coordination with the Secretary of Defense and other appropriate heads of agencies, shall submit to the appropriate congressional committees a report on the AUKUS partnership. (2) Elements Each report required under paragraph (1) shall include the following elements: (A) Strategy (i) An identification of the defensive military capability gaps and capacity shortfalls that the AUKUS partnership seeks to offset. (ii) An explanation of the total cost to the United States associated with Pillar One of the AUKUS partnership. (iii) A detailed explanation of how enhanced access to the industrial base of Australia is contributing to strengthening the United States strategic position in Asia. (iv) A detailed explanation of the military and strategic benefit provided by the improved access provided by naval bases of Australia. (v) A detailed assessment of how Australia’s sovereign conventionally armed nuclear attack submarines contribute to United States defense and deterrence objectives in the Indo-Pacific region. (B) Implement the AUKUS partnership (i) Progress made on achieving the Optimal Pathway established for Australia’s development of conventionally armed, nuclear-powered submarines, including the following elements: (I) A description of progress made by Australia, the United Kingdom, and the United States to conclude an Article 14 arrangement with the International Atomic Energy Agency. (II) A description of the status of efforts of Australia, the United Kingdom, and the United States to build the supporting infrastructure to base conventionally armed, nuclear-powered attack submarines. (III) Updates on the efforts by Australia, the United Kingdom, and the United States to train a workforce that can build, sustain, and operate conventionally armed, nuclear-powered attack submarines. (IV) A description of progress in establishing submarine support facilities capable of hosting rotational forces in western Australia by 2027. (V) A description of progress made in improving United States submarine production capabilities that will enable the United States to meet— (aa) its objectives of providing up to five Virginia Class submarines to Australia by the early to mid-2030’s; and (bb) United States submarine production requirements. (ii) Progress made on Pillar Two of the AUKUS partnership, including the following elements: (I) An assessment of the efforts of Australia, the United Kingdom, and the United States to enhance collaboration across the following eight trilateral lines of effort: (aa) Underseas capabilities. (bb) Quantum technologies. (cc) Artificial intelligence and autonomy. (dd) Advanced cyber capabilities. (ee) Hypersonic and counter-hypersonic capabilities. (ff) Electronic warfare. (gg) Innovation. (hh) Information sharing. (II) An assessment of any new lines of effort established. G Unidentified anomalous phenomena disclosure 9001. Short title This division may be cited as the Unidentified Anomalous Phenomena Disclosure Act of 2023 UAP Disclosure Act of 2023 9002. Findings, declarations, and purposes (a) Findings and declarations Congress finds and declares the following: (1) All Federal Government records related to unidentified anomalous phenomena should be preserved and centralized for historical and Federal Government purposes. (2) All Federal Government records concerning unidentified anomalous phenomena should carry a presumption of immediate disclosure and all records should be eventually disclosed to enable the public to become fully informed about the history of the Federal Government’s knowledge and involvement surrounding unidentified anomalous phenomena. (3) Legislation is necessary to create an enforceable, independent, and accountable process for the public disclosure of such records. (4) Legislation is necessary because credible evidence and testimony indicates that Federal Government unidentified anomalous phenomena records exist that have not been declassified or subject to mandatory declassification review as set forth in Executive Order 13526 ( 50 U.S.C. 3161 42 U.S.C. 2011 et seq. transclassified foreign nuclear information (5) Legislation is necessary because section 552 of title 5, United States Code (commonly referred to as the Freedom of Information Act (6) Legislation is necessary to restore proper oversight over unidentified anomalous phenomena records by elected officials in both the executive and legislative branches of the Federal Government that has otherwise been lacking as of the enactment of this Act. (7) Legislation is necessary to afford complete and timely access to all knowledge gained by the Federal Government concerning unidentified anomalous phenomena in furtherance of comprehensive open scientific and technological research and development essential to avoiding or mitigating potential technological surprise in furtherance of urgent national security concerns and the public interest. (b) Purposes The purposes of this division are— (1) to provide for the creation of the unidentified anomalous phenomena Records Collection at the National Archives and Records Administration; and (2) to require the expeditious public transmission to the Archivist and public disclosure of such records. 9003. Definitions In this division: (1) Archivist The term Archivist (2) Close observer The term close observer (3) Collection The term Collection (4) Controlled disclosure campaign plan The term Controlled Disclosure Campaign Plan (5) Controlling authority The term controlling authority (6) Director The term Director (7) Executive agency The term Executive agency (8) Government office The term Government office (9) Identification aid The term identification aid (10) Leadership of Congress The term leadership of Congress (A) the majority leader of the Senate; (B) the minority leader of the Senate; (C) the Speaker of the House of Representatives; and (D) the minority leader of the House of Representatives. (11) Legacy program The term legacy program (12) National Archives The term National Archives (13) Non-human intelligence The term non-human intelligence (14) Originating body The term originating body (15) Prosaic attribution The term prosaic attribution (16) Public interest The term public interest (17) Record The term record (18) Review Board The term Review Board (19) Technologies of unknown origin The term technologies of unknown origin (20) Temporarily non-attributed objects (A) In general The term temporarily non-attributed objects (B) Inclusion The term temporarily non-attributed objects (i) natural celestial, meteorological, and undersea weather phenomena; (ii) mundane human-made airborne objects, clutter, and marine debris; (iii) Federal, State, and local government, commercial industry, academic, and private sector aerospace platforms; (iv) Federal, State, and local government, commercial industry, academic, and private sector ocean-surface and undersea vehicles; and (v) known foreign systems. (21) Third agency The term third agency (22) Unidentified anomalous phenomena (A) In general The term unidentified anomalous phenomena (i) Instantaneous acceleration absent apparent inertia. (ii) Hypersonic velocity absent a thermal signature and sonic shockwave. (iii) Transmedium (such as space-to-ground and air-to-undersea) travel. (iv) Positive lift contrary to known aerodynamic principles. (v) Multispectral signature control. (vi) Physical or invasive biological effects to close observers and the environment. (B) Inclusions The term unidentified anomalous phenomena (i) flying discs; (ii) flying saucers; (iii) unidentified aerial phenomena; (iv) unidentified flying objects (UFOs); and (v) unidentified submerged objects (USOs). (23) Unidentified anomalous phenomena record The term unidentified anomalous phenomena record (A) the Executive Office of the President; (B) the Department of Defense and its progenitors, the Department of War and the Department of the Navy; (C) the Department of the Army; (D) the Department of the Navy; (E) the Department of the Air Force, specifically the Air Force Office of Special Investigations; (F) the Department of Energy and its progenitors, the Manhattan Project, the Atomic Energy Commission, and the Energy Research and Development Administration; (G) the Office of the Director of National Intelligence; (H) the Central Intelligence Agency and its progenitor, the Office of Strategic Services; (I) the National Reconnaissance Office; (J) the Defense Intelligence Agency; (K) the National Security Agency; (L) the National Geospatial-Intelligence Agency; (M) the National Aeronautics and Space Administration: (N) the Federal Bureau of Investigation; (O) the Federal Aviation Administration; (P) the National Oceanic and Atmospheric Administration; (Q) the Library of Congress; (R) the National Archives and Records Administration; (S) any Presidential library; (T) any Executive agency; (U) any independent office or agency; (V) any other department, office, agency, committee, or commission of the Federal Government; (W) any State or local government department, office, agency, committee, or commission that provided support or assistance or performed work, in connection with a Federal inquiry into unidentified anomalous phenomena, technologies of unknown origin, or non-human intelligence; and (X) any private sector person or entity formerly or currently under contract or some other agreement with the Federal Government. 9004. Unidentified Anomalous Phenomena Records Collection at the National Archives and Records Administration (a) Establishment (1) In general (A) Not later than 60 days after the date of the enactment of this Act, the Archivist shall commence establishment of a collection of records in the National Archives to be known as the Unidentified Anomalous Phenomena Records Collection (B) In carrying out subparagraph (A), the Archivist shall ensure the physical integrity and original provenance (or if indeterminate, the earliest historical owner) of all records in the Collection. (C) The Collection shall consist of record copies of all Government, Government-provided, or Government-funded records relating to unidentified anomalous phenomena, technologies of unknown origin, and non-human intelligence (or equivalent subjects by any other name with the specific and sole exclusion of temporarily non-attributed objects), which shall be transmitted to the National Archives in accordance with section 2107 of title 44, United States Code. (D) The Archivist shall prepare and publish a subject guidebook and index to the Collection. (2) Contents The Collection shall include the following: (A) All unidentified anomalous phenomena records, regardless of age or date of creation— (i) that have been transmitted to the National Archives or disclosed to the public in an unredacted form prior to the date of the enactment of this Act; (ii) that are required to be transmitted to the National Archives; and (iii) that the disclosure of which is postponed under this Act. (B) A central directory comprised of identification aids created for each record transmitted to the Archivist under section 9005. (C) All Review Board records as required by this Act. (b) Disclosure of records All unidentified anomalous phenomena records transmitted to the National Archives for disclosure to the public shall— (1) be included in the Collection; and (2) be available to the public— (A) for inspection and copying at the National Archives within 30 days after their transmission to the National Archives; and (B) digitally via the National Archives online database within a reasonable amount of time not to exceed 180 days thereafter. (c) Fees for copying (1) In general The Archivist shall— (A) charge fees for copying unidentified anomalous phenomena records; and (B) grant waivers of such fees pursuant to the standards established by section 552(a)(4) of title 5, United States Code. (2) Amount of fees The amount of a fee charged by the Archivist pursuant to paragraph (1)(A) for the copying of an unidentified anomalous phenomena record shall be such amount as the Archivist determines appropriate to cover the costs incurred by the National Archives in making and providing such copy, except that in no case may the amount of the fee charged exceed the actual expenses incurred by the National Archives in making and providing such copy. (d) Additional requirements (1) Use of funds The Collection shall be preserved, protected, archived, digitized, and made available to the public at the National Archives and via the official National Archives online database using appropriations authorized, specified, and restricted for use under the terms of this Act. (2) Security of records The National Security Program Office at the National Archives, in consultation with the National Archives Information Security Oversight Office, shall establish a program to ensure the security of the postponed unidentified anomalous phenomena records in the protected, and yet-to-be disclosed or classified portion of the Collection. (e) Oversight (1) Senate The Committee on Homeland Security and Governmental Affairs of the Senate shall have continuing legislative oversight jurisdiction in the Senate with respect to the Collection. (2) House of Representatives The Committee on Oversight and Accountability of the House of Representatives shall have continuing legislative oversight jurisdiction in the House of Representatives with respect to the Collection. 9005. Review, identification, transmission to the National Archives, and public disclosure of unidentified anomalous phenomena records by Government offices (a) Identification, organization, and preparation for transmission (1) In general As soon as practicable after the date of the enactment of this Act, each head of a Government office shall— (A) identify and organize records in the possession of the Government office or under the control of the Government office relating to unidentified anomalous phenomena; and (B) prepare such records for transmission to the Archivist for inclusion in the Collection. (2) Prohibitions (A) No unidentified anomalous phenomena record shall be destroyed, altered, or mutilated in any way. (B) No unidentified anomalous phenomena record made available or disclosed to the public prior to the date of the enactment of this Act may be withheld, redacted, postponed for public disclosure, or reclassified. (C) No unidentified anomalous phenomena record created by a person or entity outside the Federal Government (excluding names or identities consistent with the requirements of section 9006) shall be withheld, redacted, postponed for public disclosure, or reclassified. (b) Custody of unidentified anomalous phenomena records pending review During the review by the heads of Government offices under subsection (c) and pending review activity by the Review Board, each head of a Government office shall retain custody of the unidentified anomalous phenomena records of the office for purposes of preservation, security, and efficiency, unless— (1) the Review Board requires the physical transfer of the records for purposes of conducting an independent and impartial review; (2) transfer is necessary for an administrative hearing or other Review Board function; or (3) it is a third agency record described in subsection (c)(2)(C). (c) Review by heads of Government offices (1) In general Not later than 300 days after the date of the enactment of this Act, each head of a Government office shall review, identify, and organize each unidentified anomalous phenomena record in the custody or possession of the office for— (A) disclosure to the public; (B) review by the Review Board; and (C) transmission to the Archivist. (2) Requirements In carrying out paragraph (1), the head of a Government office shall— (A) determine which of the records of the office are unidentified anomalous phenomena records; (B) determine which of the unidentified anomalous phenomena records of the office have been officially disclosed or made publicly available in a complete and unredacted form; (C) (i) determine which of the unidentified anomalous phenomena records of the office, or particular information contained in such a record, was created by a third agency or by another Government office; and (ii) transmit to a third agency or other Government office those records, or particular information contained in those records, or complete and accurate copies thereof; (D) (i) determine whether the unidentified anomalous phenomena records of the office or particular information in unidentified anomalous phenomena records of the office are covered by the standards for postponement of public disclosure under this division; and (ii) specify on the identification aid required by subsection (d) the applicable postponement provision contained in section 9006; (E) organize and make available to the Review Board all unidentified anomalous phenomena records identified under subparagraph (D) the public disclosure of, which in-whole or in-part, may be postponed under this division; (F) organize and make available to the Review Board any record concerning which the office has any uncertainty as to whether the record is an unidentified anomalous phenomena record governed by this division; (G) give precedence of work to— (i) the identification, review, and transmission of unidentified anomalous phenomena records not already publicly available or disclosed as of the date of the enactment of this Act; (ii) the identification, review, and transmission of all records that most unambiguously and definitively pertain to unidentified anomalous phenomena, technologies of unknown origin, and non-human intelligence; (iii) the identification, review, and transmission of unidentified anomalous phenomena records that on the date of the enactment of this Act are the subject of litigation under section 552 of title 5, United States Code; and (iv) the identification, review, and transmission of unidentified anomalous phenomena records with earliest provenance when not inconsistent with clauses (i) through (iii) and otherwise feasible; and (H) make available to the Review Board any additional information and records that the Review Board has reason to believe the Review Board requires for conducting a review under this division. (3) Priority of expedited review for directors of certain archival depositories The Director of each archival depository established under section 2112 of title 44, United States Code, shall have as a priority the expedited review for public disclosure of unidentified anomalous phenomena records in the possession and custody of the depository, and shall make such records available to the Review Board as required by this division. (d) Identification aids (1) In general (A) Not later than 45 days after the date of the enactment of this Act, the Archivist, in consultation with the heads of such Government offices as the Archivist considers appropriate, shall prepare and make available to all Government offices a standard form of identification, or finding aid, for use with each unidentified anomalous phenomena record subject to review under this division whether in hardcopy (physical), softcopy (electronic), or digitized data format as may be appropriate. (B) The Archivist shall ensure that the identification aid program is established in such a manner as to result in the creation of a uniform system for cataloging and finding every unidentified anomalous phenomena record subject to review under this division where ever and how ever stored in hardcopy (physical), softcopy (electronic), or digitized data format. (2) Requirements for Government offices Upon completion of an identification aid using the standard form of identification prepared and made available under subparagraph (A) of paragraph (1) for the program established pursuant to subparagraph (B) of such paragraph, the head of a Government office shall— (A) attach a printed copy to each physical unidentified anomalous phenomena record, and an electronic copy to each softcopy or digitized data unidentified anomalous phenomena record, the identification aid describes; (B) transmit to the Review Board a printed copy for each physical unidentified anomalous phenomena record and an electronic copy for each softcopy or digitized data unidentified anomalous phenomena record the identification aid describes; and (C) attach a printed copy to each physical unidentified anomalous phenomena record, and an electronic copy to each softcopy or digitized data unidentified anomalous phenomena record the identification aid describes, when transmitted to the Archivist. (3) Records of the National Archives that are publicly available Unidentified anomalous phenomena records which are in the possession of the National Archives on the date of the enactment of this Act, and which have been publicly available in their entirety without redaction, shall be made available in the Collection without any additional review by the Review Board or another authorized office under this division, and shall not be required to have such an identification aid unless required by the Archivist. (e) Transmission to the National Archives Each head of a Government office shall— (1) transmit to the Archivist, and make immediately available to the public, all unidentified anomalous phenomena records of the Government office that can be publicly disclosed, including those that are publicly available on the date of the enactment of this Act, without any redaction, adjustment, or withholding under the standards of this division; and (2) transmit to the Archivist upon approval for postponement by the Review Board or upon completion of other action authorized by this division, all unidentified anomalous phenomena records of the Government office the public disclosure of which has been postponed, in whole or in part, under the standards of this division, to become part of the protected, yet-to-be disclosed, or classified portion of the Collection. (f) Custody of postponed unidentified anomalous phenomena records An unidentified anomalous phenomena record the public disclosure of which has been postponed shall, pending transmission to the Archivist, be held for reasons of security and preservation by the originating body until such time as the information security program has been established at the National Archives as required in section 9004(d)(2). (g) Periodic review of postponed unidentified anomalous phenomena records (1) In general All postponed or redacted records shall be reviewed periodically by the originating agency and the Archivist consistent with the recommendations of the Review Board in the Controlled Disclosure Campaign Plan under section 9009(c)(3)(B). (2) Requirements (A) A periodic review under paragraph (1) shall address the public disclosure of additional unidentified anomalous phenomena records in the Collection under the standards of this division. (B) All postponed unidentified anomalous phenomena records determined to require continued postponement shall require an unclassified written description of the reason for such continued postponement relevant to these specific records. Such description shall be provided to the Archivist and published in the Federal Register upon determination. (C) The time and release requirements specified in the Controlled Disclosure Campaign Plan shall be revised or amended only if the Review Board is still in session and concurs with the rationale for postponement, subject to the limitations in section 9009(d)(1). (D) The periodic review of postponed unidentified anomalous phenomena records shall serve to downgrade and declassify security classified information. (E) Each unidentified anomalous phenomena record shall be publicly disclosed in full, and available in the Collection, not later than the date that is 25 years after the date of the first creation of the record by the originating body, unless the President certifies, as required by this division, that— (i) continued postponement is made necessary by an identifiable harm to the military defense, intelligence operations, law enforcement, or conduct of foreign relations; and (ii) the identifiable harm is of such gravity that it outweighs the public interest in disclosure. (h) Requirements for Executive agencies (1) In general Executive agencies shall— (A) transmit digital records electronically in accordance with section 2107 of title 44, United States Code; (B) charge fees for copying unidentified anomalous phenomena records; and (C) grant waivers of such fees pursuant to the standards established by section 552(a)(4) of title 5, United States Code. (2) Amount of fees The amount of a fee charged by the head of an Executive agency pursuant to paragraph (1)(B) for the copying of an unidentified anomalous phenomena record shall be such amount as the head determines appropriate to cover the costs incurred by the Executive agency in making and providing such copy, except that in no case may the amount of the fee charged exceed the actual expenses incurred by the Executive agency in making and providing such copy. 9006. Grounds for postponement of public disclosure of unidentified anomalous phenomena records Disclosure of unidentified anomalous phenomena records or particular information in unidentified anomalous phenomena records to the public may be postponed subject to the limitations of this division if there is clear and convincing evidence that— (1) the threat to the military defense, intelligence operations, or conduct of foreign relations of the United States posed by the public disclosure of the unidentified anomalous phenomena record is of such gravity that it outweighs the public interest in disclosure, and such public disclosure would reveal— (A) an intelligence agent whose identity currently requires protection; (B) an intelligence source or method which is currently utilized, or reasonably expected to be utilized, by the Federal Government and which has not been officially disclosed, the disclosure of which would interfere with the conduct of intelligence activities; or (C) any other matter currently relating to the military defense, intelligence operations, or conduct of foreign relations of the United States, the disclosure of which would demonstrably and substantially impair the national security of the United States; (2) the public disclosure of the unidentified anomalous phenomena record would reveal the name or identity of a living person who provided confidential information to the Federal Government and would pose a substantial risk of harm to that person; (3) the public disclosure of the unidentified anomalous phenomena record could reasonably be expected to constitute an unwarranted invasion of personal privacy, and that invasion of privacy is so substantial that it outweighs the public interest; or (4) the public disclosure of the unidentified anomalous phenomena record would compromise the existence of an understanding of confidentiality currently requiring protection between a Federal Government agent and a cooperating individual or a foreign government, and public disclosure would be so harmful that it outweighs the public interest. 9007. Establishment and powers of the Unidentified Anomalous Phenomena Records Review Board (a) Establishment There is established as an independent agency a board to be known as the Unidentified Anomalous Phenomena Records Review Board (b) Appointment (1) In general The President, by and with the advice and consent of the Senate, shall appoint, without regard to political affiliation, 9 citizens of the United States to serve as members of the Review Board to ensure and facilitate the review, transmission to the Archivist, and public disclosure of government records relating to unidentified anomalous phenomena. (2) Period for nominations (A) The President shall make nominations to the Review Board not later than 90 calendar days after the date of the enactment of this Act. (B) If the Senate votes not to confirm a nomination to the Review Board, the President shall make an additional nomination not later than 30 days thereafter. (3) Consideration of recommendations (A) The President shall make nominations to the Review Board after considering persons recommended by the following: (i) The majority leader of the Senate. (ii) The minority leader of the Senate. (iii) The Speaker of the House of Representatives. (iv) The minority leader of the House of Representatives. (v) The Secretary of Defense. (vi) The National Academy of Sciences. (vii) Established nonprofit research organizations relating to unidentified anomalous phenomena. (viii) The American Historical Association. (ix) Such other persons and organizations as the President considers appropriate. (B) If an individual or organization described in subparagraph (A) does not recommend at least 2 nominees meeting the qualifications stated in paragraph (5) by the date that is 45 days after the date of the enactment of this Act, the President shall consider for nomination the persons recommended by the other individuals and organizations described in such subparagraph. (C) The President may request an individual or organization described in subparagraph (A) to submit additional nominations. (4) Qualifications Persons nominated to the Review Board— (A) shall be impartial citizens, none of whom shall have had any previous or current involvement with any legacy program or controlling authority relating to the collection, exploitation, or reverse engineering of technologies of unknown origin or the examination of biological evidence of living or deceased non-human intelligence; (B) shall be distinguished persons of high national professional reputation in their respective fields who are capable of exercising the independent and objective judgment necessary to the fulfillment of their role in ensuring and facilitating the review, transmission to the public, and public disclosure of records related to the government’s understanding of, and activities associated with unidentified anomalous phenomena, technologies of unknown origin, and non-human intelligence and who possess an appreciation of the value of such material to the public, scholars, and government; and (C) shall include at least— (i) 1 current or former national security official; (ii) 1 current or former foreign service official; (iii) 1 scientist or engineer; (iv) 1 economist; (v) 1 professional historian; and (vi) 1 sociologist. (5) Mandatory conflicts of interest review (A) In general The Director shall conduct a review of each individual nominated and appointed to the position of member of the Review Board to ensure the member does not have any conflict of interest during the term of the service of the member. (B) Reports During the course of the review under subparagraph (A), if the Director becomes aware that the member being reviewed possesses a conflict of interest to the mission of the Review Board, the Director shall, not later than 30 days after the date on which the Director became aware of the conflict of interest, submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Accountability of the House of Representatives a report on the conflict of interest. (c) Security clearances (1) In general All Review Board nominees shall be granted the necessary security clearances and accesses, including any and all relevant Presidential, departmental, and agency special access programs, in an accelerated manner subject to the standard procedures for granting such clearances. (2) Qualification for nominees All nominees for appointment to the Review Board under subsection (b) shall qualify for the necessary security clearances and accesses prior to being considered for confirmation by the Committee on Homeland Security and Governmental Affairs of the Senate. (d) Consideration by the Senate Nominations for appointment under subsection (b) shall be referred to the Committee on Homeland Security and Governmental Affairs of the Senate for consideration. (e) Vacancy A vacancy on the Review Board shall be filled in the same manner as specified for original appointment within 30 days of the occurrence of the vacancy. (f) Removal of Review Board member (1) In general No member of the Review Board shall be removed from office, other than— (A) by impeachment and conviction; or (B) by the action of the President for inefficiency, neglect of duty, malfeasance in office, physical disability, mental incapacity, or any other condition that substantially impairs the performance of the member’s duties. (2) Notice of removal (A) If a member of the Review Board is removed from office, and that removal is by the President, not later than 10 days after the removal, the President shall submit to the leadership of Congress, 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 specifying the facts found and the grounds for the removal. (B) The President shall publish in the Federal Register a report submitted under subparagraph (A), except that the President may, if necessary to protect the rights of a person named in the report or to prevent undue interference with any pending prosecution, postpone or refrain from publishing any or all of the report until the completion of such pending cases or pursuant to privacy protection requirements in law. (3) Judicial review (A) A member of the Review Board removed from office may obtain judicial review of the removal in a civil action commenced in the United States District Court for the District of Columbia. (B) The member may be reinstated or granted other appropriate relief by order of the court. (g) Compensation of members (1) In general A member of the Review Board, other than the Executive Director under section 9008(c)(1), shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 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 Review Board. (2) Travel expenses A member of the Review Board shall be allowed reasonable travel expenses, including per diem in lieu of subsistence, at rates for employees of agencies under subchapter I of chapter 57 (h) Duties of the Review Board (1) In general The Review Board shall consider and render decisions on a determination by a Government office to seek to postpone the disclosure of unidentified anomalous phenomena records. (2) Considerations and rendering of decisions In carrying out paragraph (1), the Review Board shall consider and render decisions— (A) whether a record constitutes a unidentified anomalous phenomena record; and (B) whether a unidentified anomalous phenomena record or particular information in a record qualifies for postponement of disclosure under this division. (i) Powers (1) In general The Review Board shall have the authority to act in a manner prescribed under this division, including authority— (A) to direct Government offices to complete identification aids and organize unidentified anomalous phenomena records; (B) to direct Government offices to transmit to the Archivist unidentified anomalous phenomena records as required under this division, including segregable portions of unidentified anomalous phenomena records and substitutes and summaries of unidentified anomalous phenomena records that can be publicly disclosed to the fullest extent; (C) (i) to obtain access to unidentified anomalous phenomena records that have been identified and organized by a Government office; (ii) to direct a Government office to make available to the Review Board, and if necessary investigate the facts surrounding, additional information, records, or testimony from individuals which the Review Board has reason to believe are required to fulfill its functions and responsibilities under this division; and (iii) request the Attorney General to subpoena private persons to compel testimony, records, and other information relevant to its responsibilities under this division; (D) require any Government office to account in writing for the destruction of any records relating to unidentified anomalous phenomena, technologies of unknown origin, or non-human intelligence; (E) receive information from the public regarding the identification and public disclosure of unidentified anomalous phenomena records; (F) hold hearings, administer oaths, and subpoena witnesses and documents; (G) use the Federal Acquisition Service in the same manner and under the same conditions as other Executive agencies; and (H) use the United States mails in the same manner and under the same conditions as other Executive agencies. (2) Enforcement of subpoena A subpoena issued under paragraph (1)(C)(iii) may be enforced by any appropriate Federal court acting pursuant to a lawful request of the Review Board. (j) Witness immunity The Review Board shall be considered to be an agency of the United States for purposes of section 6001 of title 18, United States Code. Witnesses, close observers, and whistleblowers providing information directly to the Review Board shall also be afforded the protections provided to such persons specified under section 1673(b) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 ( 50 U.S.C. 3373b(b) (k) Oversight (1) Senate The Committee on Homeland Security and Governmental Affairs of the Senate shall have continuing legislative oversight jurisdiction in the Senate with respect to the official conduct of the Review Board and the disposition of postponed records after termination of the Review Board, and shall have access to any records held or created by the Review Board. (2) House of Representatives Unless otherwise determined appropriate by the House of Representatives, the Committee on Oversight and Accountability of the House of Representatives shall have continuing legislative oversight jurisdiction in the House of Representatives with respect to the official conduct of the Review Board and the disposition of postponed records after termination of the Review Board, and shall have access to any records held or created by the Review Board. (3) Duty to cooperate The Review Board shall have the duty to cooperate with the exercise of oversight jurisdiction described in this subsection. (4) Security clearances The Chairmen and Ranking Members of the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Accountability of the House of Representatives, and staff of such committees designated by such Chairmen and Ranking Members, shall be granted all security clearances and accesses held by the Review Board, including to relevant Presidential and department or agency special access and compartmented access programs. (l) Support services The Administrator of the General Services Administration shall provide administrative services for the Review Board on a reimbursable basis. (m) Interpretive regulations The Review Board may issue interpretive regulations. (n) Termination and winding down (1) In general The Review Board and the terms of its members shall terminate not later than September 30, 2030, unless extended by Congress. (2) Reports Upon its termination, the Review Board shall submit to the President and Congress reports, including a complete and accurate accounting of expenditures during its existence and shall complete all other reporting requirements under this division. (3) Transfer of records Upon termination and winding down, the Review Board shall transfer all of its records to the Archivist for inclusion in the Collection, and no record of the Review Board shall be destroyed. 9008. Unidentified Anomalous Phenomena Records Review Board personnel (a) Executive Director (1) Appointment Not later than 45 days after the date of the enactment of this Act, the President shall appoint 1 citizen of the United States, without regard to political affiliation, to the position of Executive Director of the Review Board. This position counts as 1 of the 9 Review Board members under section 9007(b)(1). (2) Qualifications The person appointed as Executive Director shall be a private citizen of integrity and impartiality who— (A) is a distinguished professional; and (B) is not a present employee of the Federal Government; and (C) has had no previous or current involvement with any legacy program or controlling authority relating to the collection, exploitation, or reverse engineering of technologies of unknown origin or the examination of biological evidence of living or deceased non-human intelligence. (3) Mandatory conflicts of interest review (A) In general The Director shall conduct a review of each individual appointed to the position of Executive Director to ensure the Executive Director does not have any conflict of interest during the term of the service of the Executive Director. (B) Reports During the course of the review under subparagraph (A), if the Director becomes aware that the Executive Director possesses a conflict of interest to the mission of the Review Board, the Director shall, not later than 30 days after the date on which the Director became aware of the conflict of interest, submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Accountability of the House of Representatives a report on the conflict of interest. (4) Security clearances (A) A candidate for Executive Director shall be granted all the necessary security clearances and accesses, including to relevant Presidential and department or agency special access and compartmented access programs in an accelerated manner subject to the standard procedures for granting such clearances. (B) A candidate shall qualify for the necessary security clearances and accesses prior to being appointed by the President. (5) Functions The Executive Director shall— (A) serve as principal liaison to the Executive Office of the President and Congress; (B) serve as Chairperson of the Review Board; (C) be responsible for the administration and coordination of the Review Board’s review of records; (D) be responsible for the administration of all official activities conducted by the Review Board; (E) exercise tie-breaking Review Board authority to decide or determine whether any record should be disclosed to the public or postponed for disclosure; and (F) retain right-of-appeal directly to the President for decisions pertaining to executive branch unidentified anomalous phenomena records for which the Executive Director and Review Board members may disagree. (6) Removal The Executive Director shall not be removed for reasons other for cause on the grounds of inefficiency, neglect of duty, malfeasance in office, physical disability, mental incapacity, or any other condition that substantially impairs the performance of the responsibilities of the Executive Director or the staff of the Review Board. (b) Staff (1) In general The Review Board, without regard to the civil service laws, may appoint and terminate additional personnel as are necessary to enable the Review Board and its Executive Director to perform the duties of the Review Board. (2) Qualifications (A) In general Except as provided in subparagraph (B), a person appointed to the staff of the Review Board shall be a citizen of integrity and impartiality who has had no previous or current involvement with any legacy program or controlling authority relating to the collection, exploitation, or reverse engineering of technologies of unknown origin or the examination of biological evidence of living or deceased non-human intelligence. (B) Consultation with Director of the Office of Government Ethics In their consideration of persons to be appointed as staff of the Review Board under paragraph (1), the Review Board shall consult with the Director— (i) to determine criteria for possible conflicts of interest of staff of the Review Board, consistent with ethics laws, statutes, and regulations for employees of the executive branch of the Federal Government; and (ii) ensure that no person selected for such position of staff of the Review Board possesses a conflict of interests in accordance with the criteria determined pursuant to clause (i). (3) Security clearances (A) A candidate for staff shall be granted the necessary security clearances (including all necessary special access program clearances) in an accelerated manner subject to the standard procedures for granting such clearances. (B) (i) The Review Board may offer conditional employment to a candidate for a staff position pending the completion of security clearance background investigations. During the pendency of such investigations, the Review Board shall ensure that any such employee does not have access to, or responsibility involving, classified or otherwise restricted unidentified anomalous phenomena record materials. (ii) If a person hired on a conditional basis under clause (i) is denied or otherwise does not qualify for all security clearances necessary to carry out the responsibilities of the position for which conditional employment has been offered, the Review Board shall immediately terminate the person’s employment. (4) Support from National Declassification Center The Archivist shall assign one representative in full-time equivalent status from the National Declassification Center to advise and support the Review Board disclosure postponement review process in a non-voting staff capacity. (c) Compensation Subject to such rules as may be adopted by the Review Board, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service and without regard to the provisions of chapter 51 and subchapter III of chapter 53 (1) the Executive Director shall be compensated at a rate not to exceed the rate of basic pay for level II of the Executive Schedule and shall serve the entire tenure as one full-time equivalent; and (2) the Executive Director shall appoint and fix compensation of such other personnel as may be necessary to carry out this division. (d) Advisory committees (1) Authority The Review Board may create advisory committees to assist in fulfilling the responsibilities of the Review Board under this division. (2) FACA Any advisory committee created by the Review Board shall be subject to chapter 10 (e) Security clearance required An individual employed in any position by the Review Board (including an individual appointed as Executive Director) shall be required to qualify for any necessary security clearance prior to taking office in that position, but may be employed conditionally in accordance with subsection (b)(3)(B) before qualifying for that clearance. 9009. Review of records by the Unidentified Anomalous Phenomena Records Review Board (a) Custody of records reviewed by Review Board Pending the outcome of a review of activity by the Review Board, a Government office shall retain custody of its unidentified anomalous phenomena records for purposes of preservation, security, and efficiency, unless— (1) the Review Board requires the physical transfer of records for reasons of conducting an independent and impartial review; or (2) such transfer is necessary for an administrative hearing or other official Review Board function. (b) Startup requirements The Review Board shall— (1) not later than 90 days after the date of its appointment, publish a schedule in the Federal Register for review of all unidentified anomalous phenomena records; (2) not later than 180 days after the date of the enactment of this Act, begin its review of unidentified anomalous phenomena records under this division; and (3) periodically thereafter as warranted, but not less frequently than semiannually, publish a revised schedule in the Federal Register addressing the review and inclusion of any unidentified anomalous phenomena records subsequently discovered. (c) Determinations of the Review Board (1) In general The Review Board shall direct that all unidentified anomalous phenomena records be transmitted to the Archivist and disclosed to the public in the Collection in the absence of clear and convincing evidence that— (A) a Government record is not an unidentified anomalous phenomena record; or (B) a Government record, or particular information within an unidentified anomalous phenomena record, qualifies for postponement of public disclosure under this division. (2) Requirements In approving postponement of public disclosure of a unidentified anomalous phenomena record, the Review Board shall seek to— (A) provide for the disclosure of segregable parts, substitutes, or summaries of such a record; and (B) determine, in consultation with the originating body and consistent with the standards for postponement under this division, which of the following alternative forms of disclosure shall be made by the originating body: (i) Any reasonably segregable particular information in a unidentified anomalous phenomena record. (ii) A substitute record for that information which is postponed. (iii) A summary of a unidentified anomalous phenomena record. (3) Controlled disclosure campaign plan With respect to unidentified anomalous phenomena records, particular information in unidentified anomalous phenomena records, recovered technologies of unknown origin, and biological evidence for non-human intelligence the public disclosure of which is postponed pursuant to section 9006, or for which only substitutions or summaries have been disclosed to the public, the Review Board shall create and transmit to the President, the Archivist, the Committee on Homeland Security and Governmental Affairs of the Senate, and the Committee on Oversight and Accountability of the House of Representatives a Controlled Disclosure Campaign Plan, with classified appendix, containing— (A) a description of actions by the Review Board, the originating body, the President, or any Government office (including a justification of any such action to postpone disclosure of any record or part of any record) and of any official proceedings conducted by the Review Board with regard to specific unidentified anomalous phenomena records; and (B) a benchmark-driven plan, based upon a review of the proceedings and in conformity with the decisions reflected therein, recommending precise requirements for periodic review, downgrading, and declassification as well as the exact time or specified occurrence following which each postponed item may be appropriately disclosed to the public under this division. (4) Notice following review and determination (A) Following its review and a determination that a unidentified anomalous phenomena record shall be publicly disclosed in the Collection or postponed for disclosure and held in the protected Collection, the Review Board shall notify the head of the originating body of the determination of the Review Board and publish a copy of the determination in the Federal Register within 14 days after the determination is made. (B) Contemporaneous notice shall be made to the President for Review Board determinations regarding unidentified anomalous phenomena records of the executive branch of the Federal Government, and to the oversight committees designated in this division in the case of records of the legislative branch of the Federal Government. Such notice shall contain a written unclassified justification for public disclosure or postponement of disclosure, including an explanation of the application of any standards contained in section 9006. (d) Presidential authority over Review Board determination (1) Public disclosure or postponement of disclosure After the Review Board has made a formal determination concerning the public disclosure or postponement of disclosure of an unidentified anomalous phenomena record of the executive branch of the Federal Government or information within such a record, or of any information contained in a unidentified anomalous phenomena record, obtained or developed solely within the executive branch of the Federal Government, the President shall— (A) have the sole and nondelegable authority to require the disclosure or postponement of such record or information under the standards set forth in section 9006; and (B) provide the Review Board with both an unclassified and classified written certification specifying the President’s decision within 30 days after the Review Board’s determination and notice to the executive branch agency as required under this division, stating the justification for the President’s decision, including the applicable grounds for postponement under section 9006, accompanied by a copy of the identification aid required under section 9004. (2) Periodic review (A) Any unidentified anomalous phenomena record postponed by the President shall henceforth be subject to the requirements of periodic review, downgrading, declassification, and public disclosure in accordance with the recommended timeline and associated requirements specified in the Controlled Disclosure Campaign Plan unless these conflict with the standards set forth in section 9006. (B) This paragraph supersedes all prior declassification review standards that may previously have been deemed applicable to unidentified anomalous phenomena records. (3) Record of presidential postponement The Review Board shall, upon its receipt— (A) publish in the Federal Register a copy of any unclassified written certification, statement, and other materials transmitted by or on behalf of the President with regard to postponement of unidentified anomalous phenomena records; and (B) revise or amend recommendations in the Controlled Disclosure Campaign Plan accordingly. (e) Notice to public Every 30 calendar days, beginning on the date that is 60 calendar days after the date on which the Review Board first approves the postponement of disclosure of a unidentified anomalous phenomena record, the Review Board shall publish in the Federal Register a notice that summarizes the postponements approved by the Review Board or initiated by the President, the Senate, or the House of Representatives, including a description of the subject, originating agency, length or other physical description, and each ground for postponement that is relied upon to the maximum extent classification restrictions permitting. (f) Reports by the Review Board (1) In general The Review Board shall report its activities to the leadership of Congress, the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Oversight and Reform of the House of Representatives, the President, the Archivist, and the head of any Government office whose records have been the subject of Review Board activity. (2) First Report The first report shall be issued on the date that is 1 year after the date of enactment of this Act, and subsequent reports every 1 year thereafter until termination of the Review Board. (3) Contents A report under paragraph (1) shall include the following information: (A) A financial report of the expenses for all official activities and requirements of the Review Board and its personnel. (B) The progress made on review, transmission to the Archivist, and public disclosure of unidentified anomalous phenomena records. (C) The estimated time and volume of unidentified anomalous phenomena records involved in the completion of the Review Board’s performance under this division. (D) Any special problems, including requests and the level of cooperation of Government offices, with regard to the ability of the Review Board to operate as required by this division. (E) A record of review activities, including a record of postponement decisions by the Review Board or other related actions authorized by this division, and a record of the volume of records reviewed and postponed. (F) Suggestions and requests to Congress for additional legislative authority needs. (4) Copies and briefs Coincident with the reporting requirements in paragraph (2), or more frequently as warranted by new information, the Review Board shall provide copies to, and fully brief, at a minimum the President, the Archivist, leadership of Congress, the Chairmen and Ranking Members of the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Accountability of the House of Representatives, and the Chairs and Chairmen, as the case may be, and Ranking Members and Vice Chairmen, as the case may be, of such other committees as leadership of Congress determines appropriate on the Controlled Disclosure Campaign Plan, classified appendix, and postponed disclosures, specifically addressing— (A) recommendations for periodic review, downgrading, and declassification as well as the exact time or specified occurrence following which specific unidentified anomalous phenomena records and material may be appropriately disclosed; (B) the rationale behind each postponement determination and the recommended means to achieve disclosure of each postponed item; (C) any other findings that the Review Board chooses to offer; and (D) an addendum containing copies of reports of postponed records to the Archivist required under subsection (c)(3) made since the date of the preceding report under this subsection. (5) Notice At least 90 calendar days before completing its work, the Review Board shall provide written notice to the President and Congress of its intention to terminate its operations at a specified date. (6) Briefing the All-domain Anomaly Resolution Office Coincident with the provision in paragraph (5), if not accomplished earlier under paragraph (4), the Review Board shall brief the All-domain Anomaly Resolution Office established pursuant to section 1683 of the National Defense Authorization Act for Fiscal Year 2022 ( 50 U.S.C. 3373 9010. Disclosure of recovered technologies of unknown origin and biological evidence of non-human intelligence (a) Exercise of eminent domain The Federal Government shall exercise eminent domain over any and all recovered technologies of unknown origin and biological evidence of non-human intelligence that may be controlled by private persons or entities in the interests of the public good. (b) Availability to Review Board Any and all such material, should it exist, shall be made available to the Review Board for personal examination and subsequent disclosure determination at a location suitable to the controlling authority of said material and in a timely manner conducive to the objectives of the Review Board in accordance with the requirements of this division. (c) Actions of Review Board In carrying out subsection (b), the Review Board shall consider and render decisions— (1) whether the material examined constitutes technologies of unknown origin or biological evidence of non-human intelligence beyond a reasonable doubt; (2) whether recovered technologies of unknown origin, biological evidence of non-human intelligence, or a particular subset of material qualifies for postponement of disclosure under this division; and (3) what changes, if any, to the current disposition of said material should the Federal Government make to facilitate full disclosure. (d) Review Board access to testimony and witnesses The Review Board shall have access to all testimony from unidentified anomalous phenomena witnesses, close observers and legacy program personnel and whistleblowers within the Federal Government’s possession as of and after the date of the enactment of this Act in furtherance of Review Board disclosure determination responsibilities in section 9007(h) and subsection (c) of this section. (e) Solicitation of additional witnesses The Review Board shall solicit additional unidentified anomalous phenomena witness and whistleblower testimony and afford protections under section 1673(b) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 ( 50 U.S.C. 3373b(b) 9011. Disclosure of other materials and additional study (a) Materials under seal of court (1) Information held under seal of a court The Review Board may request the Attorney General to petition any court in the United States or abroad to release any information relevant to unidentified anomalous phenomena, technologies of unknown origin, or non-human intelligence that is held under seal of the court. (2) Information held under injunction of secretary of grand jury (A) The Review Board may request the Attorney General to petition any court in the United States to release any information relevant to unidentified anomalous phenomena, technologies of unknown origin, or non-human intelligence that is held under the injunction of secrecy of a grand jury. (B) A request for disclosure of unidentified anomalous phenomena, technologies of unknown origin, and non-human intelligence materials under this division shall be deemed to constitute a showing of particularized need under rule 6 of the Federal Rules of Criminal Procedure. (b) Sense of Congress It is the sense of the Congress that— (1) the Attorney General should assist the Review Board in good faith to unseal any records that the Review Board determines to be relevant and held under seal by a court or under the injunction of secrecy of a grand jury; (2) the Secretary of State should contact any foreign government that may hold material relevant to unidentified anomalous phenomena, technologies of unknown origin, or non-human intelligence and seek disclosure of such material; and (3) all heads of Executive agencies should cooperate in full with the Review Board to seek the disclosure of all material relevant to unidentified anomalous phenomena, technologies of unknown origin, and non-human intelligence consistent with the public interest. 9012. Rules of construction (a) Precedence over other law When this division requires transmission of a record to the Archivist or public disclosure, it shall take precedence over any other provision of law (except section 6103 (b) Freedom of Information Act Nothing in this division shall be construed to eliminate or limit any right to file requests with any executive agency or seek judicial review of the decisions pursuant to section 552 of title 5, United States Code. (c) Judicial review Nothing in this division shall be construed to preclude judicial review, under chapter 7 (d) Existing authority Nothing in this division revokes or limits the existing authority of the President, any executive agency, the Senate, or the House of Representatives, or any other entity of the Federal Government to publicly disclose records in its possession. (e) Rules of the Senate and House of Representatives To the extent that any provision of this division establishes a procedure to be followed in the Senate or the House of Representatives, such provision is adopted— (1) as an exercise of the rulemaking power of the Senate and House of Representatives, respectively, and is deemed to be part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House, and it supersedes other rules only to the extent that it is inconsistent with such rules; and (2) with full recognition of the constitutional right of either House to change the rules (so far as they relate to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House. 9013. Termination of effect of division (a) Provisions pertaining to the Review Board The provisions of this division that pertain to the appointment and operation of the Review Board shall cease to be effective when the Review Board and the terms of its members have terminated pursuant to section 9007(n). (b) Other provisions (1) The remaining provisions of this division shall continue in effect until such time as the Archivist certifies to the President and Congress that all unidentified anomalous phenomena records have been made available to the public in accordance with this division. (2) In facilitation of the provision in paragraph (1), the All-domain Anomaly Resolution Office established pursuant to section 1683 of the National Defense Authorization Act for Fiscal Year 2022 ( 50 U.S.C. 3373 9014. Authorization of appropriations There is authorized to be appropriated to carry out the provisions of this division $20,000,000 for fiscal year 2024. 9015. Severability If any provision of this division or the application thereof to any person or circumstance is held invalid, the remainder of this division and the application of that provision to other persons not similarly situated or to other circumstances shall not be affected by the invalidation. H Architect of the Capitol Appointment Act of 2023 10001. Short title This division may be cited as the Architect of the Capitol Appointment Act of 2023 10002. Appointment and term of service of Architect of the Capitol (a) Appointment The Architect of the Capitol shall be appointed, without regard to political affiliation and solely on the basis of fitness to perform the duties of the office, upon a majority vote of a congressional commission (referred to in this section as the commission (b) Term of Service The Architect of the Capitol shall be appointed for a term of 10 years and, upon a majority vote of the members of the commission, may be reappointed for additional 10-year terms. (c) Removal The Architect of the Capitol may be removed from office at any time upon a majority vote of the members of the commission. (d) Conforming amendments (1) Section 319 of the Legislative Branch Appropriations Act, 1990 ( 2 U.S.C. 1801 (2) The matter under the heading For the Capitol: DEPARTMENT OF THE INTERIOR. 2 U.S.C. 1811 , and he shall be appointed by the President (e) Effective Date This section, and the amendments made by this section, shall apply with respect to appointments made on or after the date of enactment of this Act. 10003. Appointment of Deputy Architect of the Capitol; vacancy in Architect or Deputy Architect Section 1203 of title I of division H of the Consolidated Appropriations Resolution, 2003 ( 2 U.S.C. 1805 (1) in subsection (a)— (A) by inserting (in this section referred to as the Architect The Architect of the Capitol (B) by inserting (in this section referred to as the Deputy Architect Deputy Architect of the Capitol (2) by redesignating subsection (b) as subsection (c); (3) by inserting after subsection (a) the following: (b) Deadline The Architect shall appoint a Deputy Architect under subsection (a) not later than 120 days after— (1) the date on which the Architect is appointed under section 10002 of the Architect of the Capitol Appointment Act of 2023 (2) the date on which a vacancy arises in the office of the Deputy Architect. ; (4) in subsection (c), as so redesignated, by striking of the Capitol (5) by adding at the end the following: (d) Failure To appoint If the Architect does not appoint a Deputy Architect on or before the applicable date specified in subsection (b), the congressional commission described in section 10002(a) of the Architect of the Capitol Appointment Act of 2023 (e) Notification If the position of Deputy Architect becomes vacant, the Architect shall immediately notify the members of the congressional commission described in section 10002(a) of the Architect of the Capitol Appointment Act of 2023 . 10004. Deputy Architect of the Capitol to serve as acting in case of absence, disability, or vacancy (a) In general The Deputy Architect of the Capitol (in this section referred to as the Deputy Architect Architect (b) Absence, disability, or vacancy in office of Deputy Architect For purposes of subsection (a), if the Deputy Architect is also absent or disabled or there is no Deputy Architect, the congressional commission described in section 10002(a) shall designate, by a majority vote of the members of the commission, an individual to serve as acting Architect until— (1) the end of the absence or disability of the Architect or the Deputy Architect; or (2) in the case of vacancies in both positions, an Architect has been appointed under section 10002(a). (c) Authority An officer serving as acting Architect under subsection (a) or (b) shall perform all the duties and exercise all the authorities of the Architect, including the authority to delegate the duties and authorities of the Architect in accordance with the matter under the heading Office of the Architect of the Capitol Architect of the Capitol 2 U.S.C. 1803 (d) Conforming amendment The matter under the heading Salaries Office of the Architect of the Capitol Architect of the Capitol 2 U.S.C. 1804 : Provided no Architect I Fair debt collection practices for servicemembers 11001. Short title This division may be cited as the Fair Debt Collection Practices for Servicemembers Act 11002. Enhanced protection against debt collector harassment of servicemembers (a) Communication in connection with debt collection Section 805 of the Fair Debt Collection Practices Act ( 15 U.S.C. 1692c (e) Communications concerning servicemember debts (1) Definition In this subsection, the term covered member (A) a covered member or a dependent as defined in section 987(i) of title 10, United States Code; and (B) (i) an individual who was separated, discharged, or released from duty described in such section 987(i)(1), but only during the 365-day period beginning on the date of separation, discharge, or release; or (ii) a person, with respect to an individual described in clause (i), described in subparagraph (A), (D), (E), or (I) of section 1072(2) of title 10, United States Code. (2) Prohibitions A debt collector may not, in connection with the collection of any debt of a covered member— (A) threaten to have the covered member reduced in rank; (B) threaten to have the covered member’s security clearance revoked; or (C) threaten to have the covered member prosecuted under chapter 47 . (b) Unfair practices Section 808 of the Fair Debt Collection Practices Act ( 15 U.S.C. 1692f (9) The representation to any covered member (as defined under section 805(e)(1)) that failure to cooperate with a debt collector will result in— (A) a reduction in rank of the covered member; (B) a revocation of the covered member’s security clearance; or (C) prosecution under chapter 47 . 11003. GAO study The Comptroller General of the United States shall conduct a study and submit a report to Congress on the impact of this division on— (1) the timely delivery of information to a covered member (as defined in section 805(e) of the Fair Debt Collection Practices Act, as added by this division); (2) military readiness; and (3) national security, including the extent to which covered members with security clearances would be impacted by uncollected debt. J Native American Housing Assistance and Self-Determination Reauthorization Act of 2023 11001. Short title This division may be cited as the Native American Housing Assistance and Self-Determination Reauthorization Act of 2023 11002. Consolidation of environmental review requirements Section 105 of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4115 (e) Consolidation of environmental review requirements (1) In general In the case of a recipient of grant amounts under this Act that is carrying out a project that qualifies as an affordable housing activity under section 202, if the recipient is using 1 or more additional sources of Federal funds to carry out the project, and the grant amounts received under this Act constitute the largest single source of Federal funds that the recipient reasonably expects to commit to the project at the time of environmental review, the Indian tribe of the recipient may assume, in addition to all of the responsibilities for environmental review, decision making, and action under subsection (a), all of the additional responsibilities for environmental review, decision making, and action under provisions of law that would apply to each Federal agency providing additional funding were the Federal agency to carry out the project as a Federal project. (2) Discharge The assumption by the Indian tribe of the additional responsibilities for environmental review, decision making, and action under paragraph (1) with respect to a project shall be deemed to discharge the responsibility of the applicable Federal agency for environmental review, decision making, and action with respect to the project. (3) Certification An Indian tribe that assumes the additional responsibilities under paragraph (1), shall certify, in addition to the requirements under subsection (c)— (A) the additional responsibilities that the Indian tribe has fully carried out under this subsection; and (B) that the certifying officer consents to assume the status of a responsible Federal official under the provisions of law that would apply to each Federal agency providing additional funding under paragraph (1). (4) Liability (A) In general An Indian tribe that completes an environmental review under this subsection shall assume sole liability for the content and quality of the review. (B) Remedies and sanctions Except as provided in subparagraph (C), if the Secretary approves a certification and release of funds to an Indian tribe for a project in accordance with subsection (b), but the Secretary or the head of another Federal agency providing funding for the project subsequently learns that the Indian tribe failed to carry out the responsibilities of the Indian tribe as described in subsection (a) or paragraph (1), as applicable, the Secretary or other head, as applicable, may impose appropriate remedies and sanctions in accordance with— (i) the regulations issued pursuant to section 106; or (ii) such regulations as are issued by the other head. (C) Statutory violation waivers If the Secretary waives the requirements under this section in accordance with subsection (d) with respect to a project for which an Indian tribe assumes additional responsibilities under paragraph (1), the waiver shall prohibit any other Federal agency providing additional funding for the project from imposing remedies or sanctions for failure to comply with requirements for environmental review, decision making, and action under provisions of law that would apply to the Federal agency. . 11003. Authorization of appropriations Section 108 of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4117 2009 through 2013 2024 through 2030 11004. Student housing assistance Section 202(3) of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4132(3) including college housing assistance self-sufficiency and other services, 11005. Application of rent rule only to units owned or operated by Indian tribe or tribally designated housing entity Section 203(a)(2) of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4133(a)(2) owned or operated by a recipient and residing in a dwelling unit 11006. De minimis exemption for procurement of goods and services Section 203(g) of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4133(g) $5,000 $7,000 11007. Homeownership or lease-to-own low-income requirement and income targeting Section 205 of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4135 (1) in subsection (a)(1)— (A) in subparagraph (C), by striking and (B) by adding at the end the following: (E) notwithstanding any other provision of this paragraph, in the case of rental housing that is made available to a current rental family for conversion to a homebuyer or a lease-purchase unit, that the current rental family can purchase through a contract of sale, lease-purchase agreement, or any other sales agreement, is made available for purchase only by the current rental family, if the rental family was a low-income family at the time of their initial occupancy of such unit; and ; and (2) in subsection (c)— (A) by striking The provisions (1) In general The provisions ; and (B) by adding at the end the following: (2) Applicability to improvements The provisions of subsection (a)(2) regarding binding commitments for the remaining useful life of property shall not apply to improvements of privately owned homes if the cost of the improvements do not exceed 10 percent of the maximum total development cost for the home. . 11008. Lease requirements and tenant selection Section 207 of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4137 (c) Notice of termination The notice period described in subsection (a)(3) shall apply to projects and programs funded in part by amounts authorized under this Act. . 11009. Indian Health Service (a) In general Subtitle A of title II of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4131 et seq. 211. IHS sanitation facilities construction Notwithstanding any other provision of law, the Director of the Indian Health Service, or a recipient receiving funding for a housing construction or renovation project under this title, may use funding from the Indian Health Service for the construction of sanitation facilities under that project. . (b) Clerical amendment The table of contents in section 1(b) of the Native American Housing Assistance and Self-Determination Act of 1996 ( Public Law 104–330 Sec. 211. IHS sanitation facilities construction. . 11010. Statutory authority to suspend grant funds in emergencies Section 401(a)(4) of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4161(a)(4) (1) in subparagraph (A), by striking may take an action described in paragraph (1)(C) may immediately take an action described in paragraph (1)(C) (2) by striking subparagraph (B) and inserting the following: (B) Procedural requirements (i) In general If the Secretary takes an action described in subparagraph (A), the Secretary shall provide notice to the recipient at the time that the Secretary takes that action. (ii) Notice requirements The notice under clause (i) shall inform the recipient that the recipient may request a hearing by not later than 30 days after the date on which the Secretary provides the notice. (iii) Hearing requirements A hearing requested under clause (ii) shall be conducted— (I) in accordance with subpart A of part 26 of title 24, Code of Federal Regulations (or successor regulations); and (II) to the maximum extent practicable, on an expedited basis. (iv) Failure to conduct a hearing If a hearing requested under clause (ii) is not completed by the date that is 180 days after the date on which the recipient requests the hearing, the action of the Secretary to limit the availability of payments shall no longer be effective. . 11011. Reports to Congress Section 407 of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4167 (1) in subsection (a), by striking Congress Committee on Indian Affairs and the Committee on Banking, Housing and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives (2) by adding at the end the following: (c) Public availability The report described in subsection (a) shall be made publicly available, including to recipients. . 11012. 99-year leasehold interest in trust or restricted lands for housing purposes Section 702 of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4211 (1) in the section heading, by striking 50-year 99-year (2) in subsection (b), by striking 50 years 99 years (3) in subsection (c)(2), by striking 50 years 99 years 11013. Amendments for block grants for affordable housing activities Section 802(e) of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4222(e) (1) by striking The Director (1) In general The Director ; and (2) by adding at the end the following: (2) Subawards Notwithstanding any other provision of law, including provisions of State law requiring competitive procurement, the Director may make subawards to subrecipients, except for for-profit entities, using amounts provided under this title to carry out affordable housing activities upon a determination by the Director that such subrecipients have adequate capacity to carry out activities in accordance with this Act. . 11014. Reauthorization of Native Hawaiian homeownership provisions Section 824 of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4243 such sums as may be necessary such sums as may be necessary for each of fiscal years 2024 through 2030. 11015. Total development cost maximum project cost Affordable housing (as defined in section 4 of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4103 25 U.S.C. 4111 11016. Community-based development organizations and special activities by Indian Tribes Section 105 of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5305 (i) Indian tribes and tribally designated housing entities as community-based development organizations (1) Definition In this subsection, the term tribally designated housing entity 25 U.S.C. 4103 (2) Qualification An Indian tribe, a tribally designated housing entity, or a tribal organization shall qualify as a community-based development organization for purposes of carrying out new housing construction under this subsection under a grant made under section 106(a)(1). (j) Special activities by Indian Tribes An Indian tribe receiving a grant under paragraph (1) of section 106(a)(1) shall be authorized to directly carry out activities described in paragraph (15) of such section 106(a)(1). . 11017. Section 184 Indian Home Loan Guarantee program (a) In general Section 184 of the Housing and Community Development Act of 1992 ( 12 U.S.C. 1715z–13a (1) by amending subsection (a) to read as follows: (a) Authority To provide access to sources of private financing to Indian families, Indian housing authorities, and Indian Tribes, who otherwise could not acquire housing financing because of the unique legal status of Indian lands and the unique nature of tribal economies, and to expand homeownership opportunities to Indian families, Indian housing authorities and Indian tribes on fee simple lands, the Secretary may guarantee not to exceed 100 percent of the unpaid principal and interest due on any loan eligible under subsection (b) made to an Indian family, Indian housing authority, or Indian Tribe on trust land and fee simple land. ; and (2) in subsection (b)— (A) by amending paragraph (2) to read as follows: (2) Eligible housing The loan shall be used to construct, acquire, refinance, or rehabilitate 1- to 4-family dwellings that are standard housing. ; (B) in paragraph (4)— (i) by redesignating subparagraphs (A) through (D) as clauses (i) through (iv), respectively, and adjusting the margins accordingly; (ii) by striking The loan (A) In general The loan ; (iii) in subparagraph (A), as so designated, by adding at the end the following: (v) Any other lender that is supervised, approved, regulated, or insured by any agency of the Federal Government, including any entity certified as a community development financial institution by the Community Development Financial Institutions Fund established under section 104(a) of the Riegle Community Development and Regulatory Improvement Act of 1994 ( 12 U.S.C. 4703(a) ; and (iv) by adding at the end the following: (B) Direct guarantee process (i) Authorization The Secretary may authorize qualifying lenders to participate in a direct guarantee process for approving loans under this section. (ii) Indemnification (I) In general If the Secretary determines that a mortgage guaranteed through a direct guarantee process under this subparagraph was not originated in accordance with the requirements established by the Secretary, the Secretary may require the lender approved under this subparagraph to indemnify the Secretary for the loss, irrespective of whether the violation caused the mortgage default. (II) Fraud or misrepresentation If fraud or misrepresentation is involved in a direct guarantee process under this subparagraph, the Secretary shall require the original lender approved under this subparagraph to indemnify the Secretary for the loss regardless of when an insurance claim is paid. (C) Review of mortgagees (i) In general The Secretary may periodically review the mortgagees originating, underwriting, or servicing single family mortgage loans under this section. (ii) Requirements In conducting a review under clause (i), the Secretary— (I) shall compare the mortgagee with other mortgagees originating or underwriting loan guarantees for Indian housing based on the rates of defaults and claims for guaranteed mortgage loans originated, underwritten, or serviced by that mortgagee; (II) may compare the mortgagee with such other mortgagees based on underwriting quality, geographic area served, or any commonly used factors the Secretary determines necessary for comparing mortgage default risk, provided that the comparison is of factors that the Secretary would expect to affect the default risk of mortgage loans guaranteed by the Secretary; (iii) shall implement such comparisons by regulation, notice, or mortgagee letter; and (I) may terminate the approval of a mortgagee to originate, underwrite, or service loan guarantees for housing under this section if the Secretary determines that the mortgage loans originated, underwritten, or serviced by the mortgagee present an unacceptable risk to the Indian Housing Loan Guarantee Fund established under subsection (i)— (aa) based on a comparison of any of the factors set forth in this subparagraph; or (bb) by a determination that the mortgagee engaged in fraud or misrepresentation. ; and (C) in paragraph (5)(A), by inserting before the semicolon at the end the following: except, as determined by the Secretary, when there is a loan modification under subsection (h)(1)(B), the term of the loan shall not exceed 40 years (b) Loan guarantees for Indian housing Section 184(i)(5) of the Housing and Community Development Act of 1992 (12 U.S.C. 1715z–13a(i)(5)) is amended— (1) in subparagraph (B), by inserting after the first sentence the following: There are authorized to be appropriated for those costs such sums as may be necessary for each of fiscal years 2024 through 2030. (2) in subparagraph (C), by striking 2008 through 2012 2024 through 2030 11018. Loan guarantees for Native Hawaiian housing Section 184A of the Housing and Community Development Act of 1992 ( 12 U.S.C. 1715z–13b (1) in subsection (b), by inserting , and to expand homeownership opportunities to Native Hawaiian families who are eligible to receive a homestead under the Hawaiian Homes Commission Act, 1920 (42 Stat. 108) on fee simple lands in the State of Hawaii markets (2) in subsection (c)— (A) by amending paragraph (2) to read as follows: (2) Eligible housing The loan shall be used to construct, acquire, refinance, or rehabilitate 1- to 4-family dwellings that are standard housing. ; (B) in paragraph (4)— (i) in subparagraph (B)— (I) by redesignating clause (iv) as clause (v); and (II) by adding after clause (iii) the following: (iv) Any other lender that is supervised, approved, regulated, or insured by any agency of the Federal Government, including any entity certified as a community development financial institution by the Community Development Financial Institutions Fund established under section 104(a) of the Riegle Community Development and Regulatory Improvement Act of 1994 ( 12 U.S.C. 4703(a) ; and (ii) by adding at the end the following: (C) Indemnification (i) In general If the Secretary determines that a mortgage guaranteed through a direct guarantee process under this section was not originated in accordance with the requirements established by the Secretary, the Secretary may require the lender approved under this section to indemnify the Secretary for the loss, irrespective of whether the violation caused the mortgage default. (ii) Direct guarantee endorsement The Secretary may, dependent on the availability of systems development and staffing resources, delegate to eligible lenders the authority to directly endorse loans under this section. (iii) Fraud or misrepresentation If fraud or misrepresentation was involved in the direct guarantee endorsement process by a lender under this section, the Secretary shall require the approved direct guarantee endorsement lender to indemnify the Secretary for any loss or potential loss, regardless of whether the fraud or misrepresentation caused or may cause the loan default. (iv) Implementation The Secretary may implement any requirements described in this subparagraph by regulation, notice, or Dear Lender Letter. . (C) in paragraph (5)(A), by inserting before the semicolon at the end the following: except, as determined by the Secretary, when there is a loan modification under subsection (i)(1)(B), the term of the loan shall not exceed 40 years (3) in subsection (d)— (A) in paragraph (1), by adding at the end the following: (C) Exception When the Secretary exercises its discretion to delegate direct guarantee endorsement authority pursuant to subsection (c)(4)(C)(ii), subparagraphs (A) and (B) of this paragraph shall not apply. ; (B) by amending paragraph (2) to read as follows: (2) Standard for approval (A) Approval The Secretary may approve a loan for guarantee under this section and issue a certificate under this subsection only if the Secretary determines that there is a reasonable prospect of repayment of the loan. (B) Exceptions When the Secretary exercises its discretion to delegate direct guarantee endorsement authority pursuant to subsection (c)(4)(C)(ii)— (i) subparagraph (A) shall not apply; and (ii) the direct guarantee endorsement lender may issue a certificate under this paragraph as evidence of the guarantee in accordance with requirements prescribed by the Secretary. ; and (C) in paragraph (3)(A), by inserting or, where applicable, the direct guarantee endorsement lender, Secretary (4) in subsection (j)(5)(B), by inserting after the first sentence the following: There are authorized to be appropriated for those costs such sums as may be necessary for each of fiscal years 2024 through 2030. 11019. Drug elimination program (a) Definitions In this section: (1) Controlled substance The term controlled substance 21 U.S.C. 802 (2) Drug-related crime The term drug-related crime (3) Recipient The term recipient (A) has the meaning given the term in section 4 of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4103 (B) includes a recipient of funds under title VIII of that Act ( 25 U.S.C. 4221 et seq. (4) Secretary The term Secretary (b) Establishment The Secretary may, in consultation with the Bureau of Indian Affairs and relevant Tribal law enforcement agencies, make grants under this section to recipients of assistance under the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4101 et seq. (c) Eligible activities Grants under this section may be used for— (1) the employment of security personnel; (2) reimbursement of State, local, Tribal, or Bureau of Indian Affairs law enforcement agencies for additional security and protective services; (3) physical improvements which are specifically designed to enhance security; (4) the employment of 1 or more individuals— (A) to investigate drug-related or violent crime in and around the real property comprising housing assisted under the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4101 et seq. (B) to provide evidence relating to such crime in any administrative or judicial proceeding; (5) the provision of training, communications equipment, and other related equipment for use by voluntary tenant patrols acting in cooperation with law enforcement officials; (6) programs designed to reduce use of drugs in and around housing communities funded under the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4101 et seq. (7) providing funding to nonprofit resident management corporations and resident councils to develop security and drug abuse prevention programs involving site residents; (8) sports programs and sports activities that serve primarily youths from housing communities funded through and are operated in conjunction with, or in furtherance of, an organized program or plan designed to reduce or eliminate drugs and drug-related problems in and around those communities; and (9) other programs for youth in school settings that address drug prevention and positive alternatives for youth, including education and activities related to science, technology, engineering, and math. (d) Applications (1) In general To receive a grant under this subsection, an eligible applicant shall submit an application to the Secretary, at such time, in such manner, and accompanied by— (A) a plan for addressing the problem of drug-related or violent crime in and around of the housing administered or owned by the applicant for which the application is being submitted; and (B) such additional information as the Secretary may reasonably require. (2) Criteria The Secretary shall approve applications submitted under paragraph (1) on the basis of thresholds or criteria such as— (A) the extent of the drug-related or violent crime problem in and around the housing or projects proposed for assistance; (B) the quality of the plan to address the crime problem in the housing or projects proposed for assistance, including the extent to which the plan includes initiatives that can be sustained over a period of several years; (C) the capability of the applicant to carry out the plan; and (D) the extent to which tenants, the Tribal government, and the Tribal community support and participate in the design and implementation of the activities proposed to be funded under the application. (e) High intensity drug trafficking areas In evaluating the extent of the drug-related crime problem pursuant to subsection (d)(2), the Secretary may consider whether housing or projects proposed for assistance are located in a high intensity drug trafficking area designated pursuant to section 707(b) of the Office of National Drug Control Policy Reauthorization Act of 1998 ( 21 U.S.C. 1706(b) (f) Reports (1) Grantee reports The Secretary shall require grantees under this section to provide periodic reports that include the obligation and expenditure of grant funds, the progress made by the grantee in implementing the plan described in subsection (d)(1)(A), and any change in the incidence of drug-related crime in projects assisted under section. (2) HUD reports Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to Congress a report describing the system used to distribute funding to grantees under this section, which shall include descriptions of— (A) the methodology used to distribute amounts made available under this section; and (B) actions taken by the Secretary to ensure that amounts made available under section are not used to fund baseline local government services, as described in subsection (h)(2). (g) Notice of funding awards The Secretary shall publish on the website of the Department a notice of all grant awards made pursuant to section, which shall identify the grantees and the amount of the grants. (h) Monitoring (1) In general The Secretary shall audit and monitor the program funded under this subsection to ensure that assistance provided under this subsection is administered in accordance with the provisions of section. (2) Prohibition of funding baseline services (A) In general Amounts provided under this section may not be used to reimburse or support any local law enforcement agency or unit of general local government for the provision of services that are included in the baseline of services required to be provided by any such entity pursuant to a local cooperative agreement pursuant under the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5301 et seq. (B) Description Each grantee under this section shall describe, in the report under subsection (f)(1), such baseline of services for the unit of Tribal government in which the jurisdiction of the grantee is located. (3) Enforcement The Secretary shall provide for the effective enforcement of this section, as specified in the program requirements published in a notice by the Secretary, which may include— (A) the use of on-site monitoring, independent public audit requirements, certification by Tribal or Federal law enforcement or Tribal government officials regarding the performance of baseline services referred to in paragraph (2); (B) entering into agreements with the Attorney General to achieve compliance, and verification of compliance, with the provisions of this section; and (C) adopting enforcement authority that is substantially similar to the authority provided to the Secretary under the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4101 et seq. (i) Authorization of appropriations There are authorized to be appropriated such sums as may be necessary for each fiscal years 2024 through 2030 to carry out this section. 11020. Rental assistance for homeless or at-risk Indian veterans Section 8(o)(19) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(o)(19) (E) Indian veterans housing rental assistance program (i) Definitions In this subparagraph: (I) Eligible Indian veteran The term eligible Indian veteran (aa) homeless or at risk of homelessness; and (bb) living— (AA) on or near a reservation; or (BB) in or near any other Indian area. (II) Eligible recipient The term eligible recipient 25 U.S.C. 4111 (III) Indian; Indian area The terms Indian Indian area 25 U.S.C. 4103 (IV) Indian veteran The term Indian veteran (V) Program The term Program (VI) Tribal organization The term tribal organization 25 U.S.C. 5304 (ii) Program specifications The Secretary shall use not less than 5 percent of the amounts made available for rental assistance under this paragraph to carry out a rental assistance and supported housing program, to be known as the Tribal HUD–VASH program (iii) Model (I) In general Except as provided in subclause (II), the Secretary shall model the Program on the rental assistance and supported housing program authorized under subparagraph (A) and applicable appropriations Acts, including administration in conjunction with the Secretary of Veterans Affairs. (II) Exceptions (aa) Secretary of Housing and Urban Development After consultation with Indian tribes, eligible recipients, and any other appropriate tribal organizations, the Secretary may make necessary and appropriate modifications to facilitate the use of the Program by eligible recipients to serve eligible Indian veterans. (bb) Secretary of Veterans Affairs After consultation with Indian tribes, eligible recipients, and any other appropriate tribal organizations, the Secretary of Veterans Affairs may make necessary and appropriate modifications to facilitate the use of the Program by eligible recipients to serve eligible Indian veterans. (iv) Eligible recipients The Secretary shall make amounts for rental assistance and associated administrative costs under the Program available in the form of grants to eligible recipients. (v) Funding criteria The Secretary shall award grants under the Program based on— (I) need; (II) administrative capacity; and (III) any other funding criteria established by the Secretary in a notice published in the Federal Register after consulting with the Secretary of Veterans Affairs. (vi) Administration Grants awarded under the Program shall be administered in accordance with the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4101 et seq. (I) submit to the Secretary, in a manner prescribed by the Secretary, reports on the utilization of rental assistance provided under the Program; and (II) provide to the Secretary information specified by the Secretary to assess the effectiveness of the Program in serving eligible Indian veterans. (vii) Consultation (I) Grant recipients; tribal organizations The Secretary, in coordination with the Secretary of Veterans Affairs, shall consult with eligible recipients and any other appropriate tribal organization on the design of the Program to ensure the effective delivery of rental assistance and supportive services to eligible Indian veterans under the Program. (II) Indian Health Service The Director of the Indian Health Service shall provide any assistance requested by the Secretary or the Secretary of Veterans Affairs in carrying out the Program. (viii) Waiver (I) In general Except as provided in subclause (II), the Secretary may waive or specify alternative requirements for any provision of law (including regulations) that the Secretary administers in connection with the use of rental assistance made available under the Program if the Secretary finds that the waiver or alternative requirement is necessary for the effective delivery and administration of rental assistance under the Program to eligible Indian veterans. (II) Exception The Secretary may not waive or specify alternative requirements under subclause (I) for any provision of law (including regulations) relating to labor standards or the environment. (ix) Renewal grants The Secretary may— (I) set aside, from amounts made available for tenant-based rental assistance under this subsection and without regard to the amounts used for new grants under clause (ii), such amounts as may be necessary to award renewal grants to eligible recipients that received a grant under the Program in a previous year; and (II) specify criteria that an eligible recipient must satisfy to receive a renewal grant under subclause (I), including providing data on how the eligible recipient used the amounts of any grant previously received under the Program. (x) Reporting (I) In general Not later than 1 year after the date of enactment of this subparagraph, and every 5 years thereafter, the Secretary, in coordination with the Secretary of Veterans Affairs and the Director of the Indian Health Service, shall— (aa) conduct a review of the implementation of the Program, including any factors that may have limited its success; and (bb) submit a report describing the results of the review under item (aa) to— (AA) the Committee on Indian Affairs, the Committee on Banking, Housing, and Urban Affairs, the Committee on Veterans' Affairs, and the Committee on Appropriations of the Senate; and (BB) the Subcommittee on Indian, Insular and Alaska Native Affairs of the Committee on Natural Resources, the Committee on Financial Services, the Committee on Veterans' Affairs, and the Committee on Appropriations of the House of Representatives. (II) Analysis of housing stock limitation The Secretary shall include in the initial report submitted under subclause (I) a description of— (aa) any regulations governing the use of formula current assisted stock (as defined in section 1000.314 of title 24, Code of Federal Regulations (or any successor regulation)) within the Program; (bb) the number of recipients of grants under the Program that have reported the regulations described in item (aa) as a barrier to implementation of the Program; and (cc) proposed alternative legislation or regulations developed by the Secretary in consultation with recipients of grants under the Program to allow the use of formula current assisted stock within the Program. . 11021. Continuum of care (a) Definitions In this section— (1) the terms collaborative applicant eligible entity 42 U.S.C. 11360 (2) the terms Indian tribe tribally designated housing entity 25 U.S.C. 4103 (b) Nonapplication of civil rights laws With respect to the funds made available for the Continuum of Care program authorized under subtitle C of title IV of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11381 et seq. Public Law 116–260 42 U.S.C. 11364a 42 U.S.C. 2000d et seq. 42 U.S.C. 3601 et seq. (1) on or off reservation or trust lands for awards made to Indian tribes or tribally designated housing entities; or (2) on reservation or trust lands for awards made to eligible entities. (c) Certification With respect to funds made available for the Continuum of Care program authorized under subtitle C of title IV of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11381 et seq. Homeless Assistance Grants 42 U.S.C. 11364a (1) applications for projects to be carried out on reservations or trust land shall contain a certification of consistency with an approved Indian housing plan developed under section 102 of the Native American Housing Assistance and Self-Determination Act ( 25 U.S.C. 4112 42 U.S.C. 12706 42 U.S.C. 11361 (2) Indian tribes and tribally designated housing entities that are recipients of awards for projects on reservations or trust land shall certify that they are following an approved housing plan developed under section 102 of the Native American Housing Assistance and Self-Determination Act ( 25 U.S.C. 4112 (3) a collaborative applicant for a Continuum of Care whose geographic area includes only reservation and trust land is not required to meet the requirement in section 402(f)(2) of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11360a(f)(2) 11022. Leveraging All funds provided under a grant made pursuant to this division or the amendments made by this division may be used for purposes of meeting matching or cost participation requirements under any other Federal housing program, provided that such grants made pursuant to the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4101 et seq. K Fort Belknap Indian Community Water Rights Settlement Act of 2023 11001. Short title This division may be cited as the Fort Belknap Indian Community Water Rights Settlement Act of 2023 11002. Purposes The purposes of this division are— (1) to achieve a fair, equitable, and final settlement of claims to water rights in the State of Montana for— (A) the Fort Belknap Indian Community of the Fort Belknap Reservation of Montana; and (B) the United States, acting as trustee for the Fort Belknap Indian Community and allottees; (2) to authorize, ratify, and confirm the water rights compact entered into by the Fort Belknap Indian Community and the State, to the extent that the Compact is consistent with this division; (3) to authorize and direct the Secretary— (A) to execute the Compact; and (B) to take any other actions necessary to carry out the Compact in accordance with this division; (4) to authorize funds necessary for the implementation of the Compact and this division; and (5) to authorize the exchange and transfer of certain Federal and State land. 11003. Definitions In this division: (1) Allottee The term allottee (A) located within the Reservation; and (B) held in trust by the United States. (2) Blackfeet tribe The term Blackfeet Tribe (3) Cercla The term CERCLA 42 U.S.C. 9601 et seq. (4) Commissioner The term Commissioner (5) Compact The term Compact (A) the Fort Belknap-Montana water rights compact dated April 16, 2001, as contained in section 85–20–1001 of the Montana Code Annotated (2021); and (B) any appendix (including appendix amendments), part, or amendment to the Compact that is executed to make the Compact consistent with this division. (6) Enforceability date The term enforceability date (7) Fort belknap indian community The term Fort Belknap Indian Community 25 U.S.C. 5131(a) (8) Fort belknap indian community council The term Fort Belknap Indian Community Council (9) Fort belknap indian irrigation project (A) In general The term Fort Belknap Indian Irrigation Project (i) the Three Mile unit; and (ii) the White Bear unit. (B) Inclusions The term Fort Belknap Indian Irrigation Project (10) Implementation Fund The term Implementation Fund (11) Indian tribe The term Indian Tribe 25 U.S.C. 5304 (12) Lake elwell The term Lake Elwell Flood Control Act of 1944 (13) Malta irrigation district The term Malta Irrigation District (A) created on December 28, 1923, pursuant to the laws of the State relating to irrigation districts; and (B) headquartered in Malta, Montana. (14) Milk river The term Milk River (A) Montana Water Court Basins 40F, 40G, 40H, 40I, 40J, 40K, 40L, 40M, 40N, and 40O; and (B) the portion of the Milk River and each tributary of the Milk River that flows through the Canadian Provinces of Alberta and Saskatchewan. (15) Milk river project (A) In general The term Milk River Project (B) Inclusions The term Milk River Project (i) the St. Mary Unit; (ii) the Fresno Dam and Reservoir; and (iii) the Dodson pumping unit. (16) Missouri river basin The term Missouri River Basin (17) Operations and maintenance The term operations and maintenance (18) Operations, maintenance, and replacement The term operations, maintenance, and replacement (A) any recurring or ongoing activity associated with the day-to-day operation of a project; (B) any activity relating to scheduled or unscheduled maintenance of a project; and (C) any activity relating to repairing, replacing, or rehabilitating a feature of a project. (19) Pick-sloan missouri river basin program The term Pick-Sloan Missouri River Basin Program Flood Control Act of 1944 (20) PMM The term PMM (21) Reservation (A) In general The term Reservation (B) Inclusions The term Reservation (i) all land and interests in land established by— (I) the Agreement with the Gros Ventre and Assiniboine Tribes of the Fort Belknap Reservation, ratified by the Act of May 1, 1888 (25 Stat. 113, chapter 212), as modified by the Agreement with the Indians of the Fort Belknap Reservation of October 9, 1895 (ratified by the Act of June 10, 1896) (29 Stat. 350, chapter 398); (II) the Act of March 3, 1921 (41 Stat. 1355, chapter 135); and (III) Public Law 94–114 ( 25 U.S.C. 5501 et seq. (ii) the land known as the Hancock lands (iii) all land transferred to the United States to be held in trust for the benefit of the Fort Belknap Indian Community under section 11006. (22) Secretary The term Secretary (23) St. mary unit (A) In general The term St. Mary Unit (B) Inclusions The term St. Mary Unit (i) Sherburne Dam and Reservoir; (ii) Swift Current Creek Dike; (iii) Lower St. Mary Lake; (iv) St. Mary Canal Diversion Dam; and (v) St. Mary Canal and appurtenances. (24) State The term State (25) Tribal water code The term Tribal water code (26) Tribal water rights The term Tribal water rights (27) Trust fund The term Trust Fund 11004. Ratification of Compact (a) Ratification of Compact (1) In general As modified by this division, the Compact is authorized, ratified, and confirmed. (2) Amendments Any amendment to the Compact is authorized, ratified, and confirmed to the extent that the amendment is executed to make the Compact consistent with this division. (b) Execution (1) In general To the extent that the Compact does not conflict with this division, the Secretary shall execute the Compact, including all appendices to, or parts of, the Compact requiring the signature of the Secretary. (2) Modifications Nothing in this division precludes the Secretary from approving any modification to an appendix to the Compact that is consistent with this division, to the extent that the modification does not otherwise require congressional approval under section 2116 of the Revised Statutes ( 25 U.S.C. 177 (c) Environmental compliance (1) In general In implementing the Compact and this division, the Secretary shall comply with all applicable provisions of— (A) the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. (B) the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. (C) other applicable Federal environmental laws and regulations. (2) Compliance (A) In general In implementing the Compact and this division, the Fort Belknap Indian Community shall prepare any necessary environmental documents, except for any environmental documents required under section 11008, consistent with all applicable provisions of— (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. 4231 et seq. (iii) all other applicable Federal environmental laws and regulations. (B) Authorizations The Secretary shall— (i) independently evaluate the documentation submitted under subparagraph (A); and (ii) be responsible for the accuracy, scope, and contents of that documentation. (3) Effect of execution The execution of the Compact by the Secretary under this section shall not constitute a major Federal action for purposes of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. (4) Costs Any costs associated with the performance of the compliance activities described in paragraph (2) shall be paid from funds deposited in the Trust Fund, subject to the condition that any costs associated with the performance of Federal approval or other review of such compliance work or costs associated with inherently Federal functions shall remain the responsibility of the Secretary. 11005. Tribal water rights (a) Confirmation of tribal water rights (1) In general The Tribal water rights are ratified, confirmed, and declared to be valid. (2) Use Any use of the Tribal water rights shall be subject to the terms and conditions of the Compact and this division. (3) Conflict In the event of a conflict between the Compact and this division, this division shall control. (b) Intent of congress It is the intent of Congress to provide to each allottee benefits that are equivalent to, or exceed, the benefits the allottees possess on the day before the date of enactment of this division, taking into consideration— (1) the potential risks, cost, and time delay associated with litigation that would be resolved by the Compact and this division; (2) the availability of funding under this division and from other sources; (3) the availability of water from the Tribal water rights; and (4) the applicability of section 7 of the Act of February 8, 1887 (24 Stat. 390, chapter 119; 25 U.S.C. 381 (c) Trust status of tribal water rights The Tribal water rights— (1) shall be held in trust by the United States for the use and benefit of the Fort Belknap Indian Community and allottees in accordance with this division; and (2) shall not be subject to loss through non-use, forfeiture, or abandonment. (d) Allottees (1) Applicability of the Act of february 8, 1887 The provisions of section 7 of the Act of February 8, 1887 (24 Stat. 390, chapter 119; 25 U.S.C. 381 (2) Entitlement to water Any entitlement to water of an allottee under Federal law shall be satisfied from the Tribal water rights. (3) Allocations An allottee shall be entitled to a just and equitable allocation of water for irrigation purposes. (4) Claims (A) Exhaustion of remedies Before asserting any claim against the United States under section 7 of the Act of February 8, 1887 (24 Stat. 390, chapter 119; 25 U.S.C. 381 (B) Action for relief After the exhaustion of all remedies available under the Tribal water code or other applicable Tribal law, an allottee may seek relief under section 7 of the Act of February 8, 1887 (24 Stat. 390, chapter 119; 25 U.S.C. 381 (5) Authority of the secretary The Secretary shall have the authority to protect the rights of allottees in accordance with this section. (e) Authority of the fort belknap indian community (1) In general The Fort Belknap Indian Community shall have the authority to allocate, distribute, and lease the Tribal water rights for use on the Reservation in accordance with the Compact, this division, and applicable Federal law. (2) Off-reservation use The Fort Belknap Indian Community may allocate, distribute, and lease the Tribal water rights for off-Reservation use in accordance with the Compact, this division, and applicable Federal law— (A) subject to the approval of the Secretary; or (B) pursuant to Tribal water leasing regulations consistent with the requirements of subsection (f). (3) Land leases by allottees Notwithstanding paragraph (1), an allottee may lease any interest in land held by the allottee, together with any water right determined to be appurtenant to the interest in land, in accordance with the Tribal water code. (f) Tribal water leasing regulations (1) In general At the discretion of the Fort Belknap Indian Community, any water lease of the Fort Belknap Indian Community of the Tribal water rights for use on or off the Reservation shall not require the approval of the Secretary if the lease— (A) is executed under tribal regulations, approved by the Secretary under this subsection; (B) is in accordance with the Compact; and (C) does not exceed a term of 100 years, except that a lease may include an option to renew for 1 additional term of not to exceed 100 years. (2) Authority of the secretary over tribal water leasing regulations (A) In general The Secretary shall have the authority to approve or disapprove any Tribal water leasing regulations issued in accordance with paragraph (1). (B) Considerations for approval The Secretary shall approve any Tribal water leasing regulations issued in accordance with paragraph (1) if the Tribal water leasing regulations— (i) provide for an environmental review process that includes— (I) the identification and evaluation of any significant effects of the proposed action on the environment; and (II) a process for ensuring that— (aa) the public is informed of, and has a reasonable opportunity to comment on, any significant environmental impacts of the proposed action identified by the Fort Belknap Indian Community; and (bb) the Fort Belknap Indian Community provides responses to relevant and substantive public comments on those impacts prior to its approval of a water lease; and (ii) are consistent with this division and the Compact. (3) Review process (A) In general Not later than 120 days after the date on which Tribal water leasing regulations under paragraph (1) are submitted to the Secretary, the Secretary shall review and approve or disapprove the regulations. (B) Written documentation If the Secretary disapproves the Tribal water leasing regulations described in subparagraph (A), the Secretary shall include written documentation with the disapproval notification that describes the basis for this disapproval. (C) Extension The deadline described in subparagraph (A) may be extended by the Secretary, after consultation with the Fort Belknap Indian Community. (4) Federal environmental review Notwithstanding paragraphs (2) and (3), if the Fort Belknap Indian Community carries out a project or activity funded by a Federal agency, the Fort Belknap Indian Community— (A) shall have the authority to rely on the environmental review process of the applicable Federal agency; and (B) shall not be required to carry out a tribal environmental review process under this subsection. (5) Documentation If the Fort Belknap Indian Community issues a lease pursuant to Tribal water leasing regulations under paragraph (1), the Fort Belknap Indian Community shall provide the Secretary and the State a copy of the lease, including any amendments or renewals to the lease. (6) Limitation of liability (A) In general The United States shall not be liable in any claim relating to the negotiation, execution, or approval of any lease or exchange agreement or storage agreement, including any claims relating to the terms included in such an agreement, made pursuant to Tribal water leasing regulations under paragraph (1). (B) Obligations The United States shall have no trust obligation or other obligation to monitor, administer, or account for— (i) any funds received by the Fort Belknap Indian Community as consideration under any lease or exchange agreement or storage agreement; or (ii) the expenditure of those funds. (g) Tribal water code (1) In general Notwithstanding Article IV.A.2. of the Compact, not later than 4 years after the date on which the Fort Belknap Indian Community approves the Compact in accordance with section 11011(f)(1), the Fort Belknap Indian Community shall enact a Tribal water code that provides for— (A) the administration, management, regulation, and governance of all uses of the Tribal water rights in accordance with the Compact and this division; and (B) the establishment by the Fort Belknap Indian Community of the conditions, permit requirements, and other requirements for the allocation, distribution, or use of the Tribal water rights in accordance with the Compact and this division. (2) Inclusions Subject to the approval of the Secretary, the Tribal water code shall provide— (A) that use of water by allottees shall be satisfied with water from the Tribal water rights; (B) a process by which an allottee may request that the Fort Belknap Indian Community provide water for irrigation use in accordance with this division, including the provision of water under any allottee lease under section 4 of the Act of June 25, 1910 (36 Stat. 856, chapter 431; 25 U.S.C. 403 (C) a due process system for the consideration and determination by the Fort Belknap Indian Community of any request of an allottee (or a successor in interest to an allottee) for an allocation of water for irrigation purposes on allotted land, including a process for— (i) appeal and adjudication of any denied or disputed distribution of water; and (ii) resolution of any contested administrative decision; (D) a requirement that any allottee asserting a claim relating to the enforcement of rights of the allottee under the Tribal water code, including to the quantity of water allocated to land of the allottee, shall exhaust all remedies available to the allottee under Tribal law before initiating an action against the United States or petitioning the Secretary pursuant to subsection (d)(4)(B); (E) a process by which an owner of fee land within the boundaries of the Reservation may apply for use of a portion of the Tribal water rights; and (F) a process for the establishment of a controlled Groundwater area and for the management of that area in cooperation with establishment of a contiguous controlled Groundwater area off the Reservation established pursuant to Section B.2. of Article IV of the Compact and State law. (3) Action by secretary (A) In general During the period beginning on the date of enactment of this Act and ending on the date on which a Tribal water code described in paragraphs (1) and (2) is enacted, the Secretary shall administer, with respect to the rights of allottees, the Tribal water rights in accordance with the Compact and this division. (B) Approval The Tribal water code described in paragraphs (1) and (2) shall not be valid unless— (i) the provisions of the Tribal water code required by paragraph (2) are approved by the Secretary; and (ii) each amendment to the Tribal water code that affects a right of an allottee is approved by the Secretary. (C) Approval period (i) In general The Secretary shall approve or disapprove the Tribal water code or an amendment to the Tribal water code by not later than 180 days after the date on which the Tribal water code or amendment to the Tribal water code is submitted to the Secretary. (ii) Extensions The deadline described in clause (i) may be extended by the Secretary, after consultation with the Fort Belknap Indian Community. (h) Administration (1) No alienation The Fort Belknap Indian Community shall not permanently alienate any portion of the Tribal water rights. (2) Purchases or grants of land from indians An authorization provided by this division for the allocation, distribution, leasing, or other arrangement entered into pursuant to this division shall be considered to satisfy any requirement for authorization of the action required by Federal law. (3) Prohibition on forfeiture The non-use of all or any portion of the Tribal water rights by any water user shall not result in the forfeiture, abandonment, relinquishment, or other loss of all or any portion of the Tribal water rights. (i) Effect Except as otherwise expressly provided in this section, nothing in this division— (1) authorizes any action by an allottee against any individual or entity, or against the Fort Belknap Indian Community, under Federal, State, Tribal, or local law; or (2) alters or affects the status of any action brought pursuant to section 1491(a) of title 28, United States Code. (j) Pick-Sloan missouri river basin program power rates (1) In general Notwithstanding any other provision of law, the Secretary, in cooperation with the Secretary of Energy, shall make available the Pick-Sloan Missouri River Basin Program irrigation project pumping power rates to the Fort Belknap Indian Community, the Fort Belknap Indian Irrigation Project, and any projects funded under this division. (2) Authorized purposes The power rates made available under paragraph (1) shall be authorized for the purposes of wheeling, administration, and payment of irrigation project pumping power rates, including project use power for gravity power. 11006. Exchange and transfer of land (a) Exchange of eligible land and State land (1) Definitions In this subsection: (A) Eligible land The term eligible land (i) public lands (as defined in section 103 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1702 (ii) land in the National Forest System (as defined in section 11(a) of the Forest and Rangeland Resources Planning Act of 1974 ( 16 U.S.C. 1609(a) (B) Secretary concerned The term Secretary concerned (i) the Secretary, with respect to the eligible land administered by the Bureau of Land Management; and (ii) the Secretary of Agriculture, with respect to eligible land managed by the Forest Service. (2) Negotiations authorized (A) In general The Secretary concerned shall offer to enter into negotiations with the State for the purpose of exchanging eligible land described in paragraph (4) for the State land described in paragraph (3). (B) Requirements Any exchange of land made pursuant to this subsection shall be subject to the terms and conditions of this subsection. (C) Priority (i) In general In carrying out this paragraph, the Secretary and the Secretary of Agriculture shall, during the 5-year period beginning on the date of enactment of this Act, give priority to an exchange of eligible land located within the State for State land. (ii) Secretary of Agriculture The responsibility of the Secretary of Agriculture under clause (i), during the 5-year period described in that clause, shall be limited to negotiating with the State an acceptable package of land in the National Forest System (as defined in section 11(a) of the Forest and Rangeland Resources Planning Act of 1974 ( 16 U.S.C. 1609(a) (3) State land The Secretary is authorized to accept the following parcels of State land located on and off the Reservation: (A) 717.56 acres in T. 26 N., R. 22 E., sec. 16. (B) 707.04 acres in T. 27 N., R. 22 E., sec. 16. (C) 640 acres in T. 27 N., R. 21 E., sec. 36. (D) 640 acres in T. 26 N., R. 23 E., sec. 16. (E) 640 acres in T. 26 N., R. 23 E., sec. 36. (F) 640 acres in T. 26 N., R. 26 E., sec. 16. (G) 640 acres in T. 26 N., R. 22 E., sec. 36. (H) 640 acres in T. 27 N., R. 23 E., sec. 16. (I) 640 acres in T. 27 N., R. 25 E., sec. 36. (J) 640 acres in T. 28 N., R. 22 E., sec. 36. (K) 640 acres in T. 28 N., R. 23 E., sec. 16. (L) 640 acres in T. 28 N., R. 24 E., sec. 36. (M) 640 acres in T. 28 N., R. 25 E., sec. 16. (N) 640 acres in T. 28 N., R. 25 E., sec. 36. (O) 640 acres in T. 28 N., R. 26 E., sec. 16. (P) 94.96 acres in T. 28 N., R. 26 E., sec. 36, under lease by the Fort Belknap Indian Community Council on the date of enactment of this Act, comprised of— (i) 30.68 acres in lot 5; (ii) 26.06 acres in lot 6; (iii) 21.42 acres in lot 7; and (iv) 16.8 acres in lot 8. (Q) 652.32 acres in T. 29 N., R. 22 E., sec. 16, excluding the 73.36 acres under lease by individuals who are not members of the Fort Belknap Indian Community, on the date of enactment of this Act. (R) 640 acres in T. 29 N., R. 22 E., sec. 36. (S) 640 acres in T. 29 N., R. 23 E., sec. 16. (T) 640 acres in T. 29 N., R. 24 E., sec. 16. (U) 640 acres in T. 29 N., R. 24 E., sec. 36. (V) 640 acres in T. 29 N., R. 25 E., sec. 16. (W) 640 acres in T. 29 N., R. 25 E., sec. 36. (X) 640 acres in T. 29 N., R. 26 E., sec. 16. (Y) 663.22 acres in T. 30 N., R. 22 E., sec. 16, excluding the 58.72 acres under lease by individuals who are not members of the Fort Belknap Indian Community on the date of enactment of this Act. (Z) 640 acres in T. 30 N., R. 22 E., sec. 36. (AA) 640 acres in T. 30 N., R. 23 E., sec. 16. (BB) 640 acres in T. 30 N., R. 23 E., sec. 36. (CC) 640 acres in T. 30 N., R. 24 E., sec. 16. (DD) 640 acres in T. 30 N., R. 24 E., sec. 36. (EE) 640 acres in T. 30 N., R. 25 E., sec. 16. (FF) 275.88 acres in T. 30 N., R. 26 E., sec. 36, under lease by the Fort Belknap Indian Community Council on the date of enactment of this Act. (GG) 640 acres in T. 31 N., R. 22 E., sec. 36. (HH) 640 acres in T. 31 N., R. 23 E., sec. 16. (II) 640 acres in T. 31 N., R. 23 E., sec. 36. (JJ) 34.04 acres in T. 31 N., R. 26 E., sec. 16, lot 4. (KK) 640 acres in T. 25 N., R. 22 E., sec. 16. (4) Eligible land (A) In general Subject to valid existing rights, the reservation of easements or rights-of-way deemed necessary to be retained by the Secretary concerned, and the requirements of this subsection, the Secretary is authorized and directed to convey to the State any eligible land within the State identified in the negotiations authorized by paragraph (2) and agreed to by the Secretary concerned. (B) Exceptions The Secretary concerned shall exclude from any conveyance any parcel of eligible land that is— (i) included within the National Landscape Conservation System established by section 2002(a) of the Omnibus Public Land Management Act of 2009 ( 16 U.S.C. 7202(a) (ii) designated as wilderness by Congress; (iii) within a component of the National Wild and Scenic Rivers System; or (iv) designated in the Forest Land and Resource Management Plan as a Research Natural Area. (C) Administrative responsibility The Secretary shall be responsible for meeting all substantive and any procedural requirements necessary to complete the exchange and the conveyance of the eligible land. (5) Land into trust On completion of the land exchange authorized by this subsection, the Secretary shall, as soon as practicable after the enforceability date, take the land received by the United States pursuant to this subsection into trust for the benefit of the Fort Belknap Indian Community. (6) Terms and conditions (A) Equal value The values of the eligible land and State land exchanged under this subsection shall be equal, except that the Secretary concerned may— (i) exchange land that is of approximately equal value if such an exchange complies with the requirements of section 206(h) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1716(h) (ii) make or accept an equalization payment, or waive an equalization payment, if such a payment or waiver of a payment complies with the requirements of section 206(b) of that Act ( 43 U.S.C. 1716(b) (B) Impacts on local governments In identifying eligible land to be exchanged with the State, the Secretary concerned and the State may— (i) consider the financial impacts of exchanging specific eligible land on local governments; and (ii) attempt to minimize the financial impact of the exchange on local governments. (C) Existing authorizations (i) Eligible land conveyed to the state (I) In general Any eligible land conveyed to the State under this subsection shall be subject to any valid existing rights, contracts, leases, permits, and rights-of-way, unless the holder of the right, contract, lease, permit, or right-of-way requests an earlier termination in accordance with existing law. (II) Assumption by State The State shall assume all benefits and obligations of the Forest Service or the Bureau of Land Management, as applicable, under the existing rights, contracts, leases, permits, and rights-of-way described in subclause (I). (ii) State land conveyed to the united states (I) In general Any State land conveyed to the United States under this subsection and taken into trust for the benefit of the Fort Belknap Indian Community subject shall be to any valid existing rights, contracts, leases, permits, and rights-of-way, unless the holder of the right, contract, lease, permit, or right-of-way requests an earlier termination in accordance with existing law. (II) Assumption by Bureau of Indian Affairs The Bureau of Indian Affairs shall— (aa) assume all benefits and obligations of the State under the existing rights, contracts, leases, permits, and rights-of-way described in subclause (I); and (bb) disburse to the Fort Belknap Indian Community any amounts that accrue to the United States from those rights, contracts, leases, permits, and rights-of-way, after the date of transfer from any sale, bonus, royalty, or rental relating to that land in the same manner as amounts received from other land held by the Secretary in trust for the benefit of the Fort Belknap Indian Community. (D) Personal property (i) In general Any improvements constituting personal property, as defined by State law, belonging to the holder of a right, contract, lease, permit, or right-of-way on land transferred to the United States under this subsection shall— (I) remain the property of the holder; and (II) be removed not later than 90 days after the date on which the right, contract, lease, permit, or right-of-way expires, unless the Fort Belknap Indian Community and the holder agree otherwise. (ii) Remaining property Any personal property described in clause (i) remaining with the holder described in that clause beyond the 90-day period described in subclause (II) of that clause shall— (I) become the property of the Fort Belknap Indian Community; and (II) be subject to removal and disposition at the discretion of the Fort Belknap Indian Community. (iii) Liability of previous holder The holder of personal property described in clause (i) shall be liable for costs incurred by the Fort Belknap Indian Community in removing and disposing of the personal property under clause (ii)(II). (7) Technical corrections Notwithstanding the descriptions of the parcels of land owned by the State under paragraph (3), the State may, with the consent of the Fort Belknap Indian Community, make technical corrections to the legal land descriptions to more specifically identify the State parcels to be exchanged. (8) Assistance The Secretary shall provide $10,000,000 of financial or other assistance to the State and the Fort Belknap Indian Community as may be necessary to obtain the appraisals, and to satisfy administrative requirements, necessary to accomplish the exchanges under paragraph (2). (b) Federal land transfers (1) In general Subject to valid existing rights and the requirements of this subsection, all right, title, and interest of the United States in and to the land described in paragraph (2) shall be held by the United States in trust for the benefit of the Fort Belknap Indian Community as part of the Reservation on the enforceability date. (2) Federal land (A) Bureau of land management parcels (i) 59.46 acres in T. 25 N., R. 22 E., sec. 4, comprised of— (I) 19.55 acres in lot 10; (II) 19.82 acres in lot 11; and (III) 20.09 acres in lot 16. (ii) 324.24 acres in the N 1⁄2 (iii) 403.56 acres in T. 25 N., R. 22 E., sec. 9, comprised of— (I) 20.39 acres in lot 2; (II) 20.72 acres in lot 7; (III) 21.06 acres in lot 8; (IV) 40.00 acres in lot 9; (V) 40.00 acres in lot 10; (VI) 40.00 acres in lot 11; (VII) 40.00 acres in lot 12; (VIII) 21.39 acres in lot 13; and (IX) 160 acres in SW 1/4 (iv) 70.63 acres in T. 25 N., R. 22 E., sec. 13, comprised of— (I) 18.06 acres in lot 5; (II) 18.25 acres in lot 6; (III) 18.44 acres in lot 7; and (IV) 15.88 acres in lot 8. (v) 71.12 acres in T. 25 N., R. 22 E., sec. 14, comprised of— (I) 17.65 acres in lot 5; (II) 17.73 acres in lot 6; (III) 17.83 acres in lot 7; and (IV) 17.91 acres in lot 8. (vi) 103.29 acres in T. 25 N., R. 22 E., sec. 15, comprised of— (I) 21.56 acres in lot 6; (II) 29.50 acres in lot 7; (III) 17.28 acres in lot 8; (IV) 17.41 acres in lot 9; and (V) 17.54 acres in lot 10. (vii) 160 acres in T. 26 N., R. 21 E., sec. 1, comprised of— (I) 80 acres in the S 1⁄2 1⁄4 (II) 80 acres in the W 1⁄2 1⁄4 (viii) 567.50 acres in T. 26 N., R. 21 E., sec. 2, comprised of— (I) 82.54 acres in the E 1⁄2 1⁄4 (II) 164.96 acres in the NE 1⁄4 (III) 320 acres in the S 1⁄2 (ix) 240 acres in T. 26 N., R. 21 E., sec. 3, comprised of— (I) 40 acres in the SE 1⁄4 1⁄4 (II) 160 acres in the SW 1⁄4 (III) 40 acres in the SW 1⁄4 1⁄4 (x) 120 acres in T. 26 N., R. 21 E., sec. 4, comprised of— (I) 80 acres in the E 1⁄2 1⁄4 (II) 40 acres in the NW 1⁄4 1⁄4 (xi) 200 acres in T. 26 N., R. 21 E., sec. 5, comprised of— (I) 160 acres in the SW 1⁄4 (II) 40 acres in the SW 1⁄4 1⁄4 (xii) 40 acres in the SE 1⁄4 1⁄4 (xiii) 240 acres in T. 26 N., R. 21 E., sec. 8, comprised of— (I) 40 acres in the NE 1⁄4 1⁄4 (II) 160 acres in the NW 1⁄4 (III) 40 acres in the NW 1⁄4 1⁄4 (xiv) 320 acres in the E 1⁄2 (xv) 640 acres in T. 26 N., R. 21 E., sec. 10. (xvi) 600 acres in T. 26 N., R. 21 E., sec. 11, comprised of— (I) 320 acres in the N 1⁄2 (II) 80 acres in the N 1⁄2 1⁄4 (III) 160 acres in the SW 1⁄4 (IV) 40 acres in the SW 1⁄4 1⁄4 (xvii) 525.81 acres in T. 26 N., R. 22 E., sec. 21, comprised of— (I) 6.62 acres in lot 1; (II) 5.70 acres in lot 2; (III) 56.61 acres in lot 5; (IV) 56.88 acres in lot 6; (V) 320 acres in the W 1/2 (VI) 80 acres in the W 1/2 1/4 (xviii) 719.58 acres in T. 26 N., R. 22 E., sec. 28. (xix) 560 acres in T. 26 N., R. 22 E., sec. 29, comprised of— (I) 320 acres in the N 1⁄2 (II) 160 acres in the N 1⁄2 1⁄2 (III) 80 acres in the S 1⁄2 1⁄4 (xx) 400 acres in T. 26 N., R. 22 E., sec. 32, comprised of— (I) 320 acres in the S 1⁄2 (II) 80 acres in the S 1⁄2 1⁄4 (xxi) 455.51 acres in T. 26 N., R. 22 E., sec. 33, comprised of— (I) 58.25 acres in lot 3; (II) 58.5 acres in lot 4; (III) 58.76 acres in lot 5; (IV) 40 acres in the NW 1⁄4 1⁄4 (V) 160 acres in the SW 1⁄4 (VI) 80 acres in the W 1⁄2 1⁄4 (xxii) 88.71 acres in T. 27 N., R. 21 E., sec. 1, comprised of— (I) 24.36 acres in lot 1; (II) 24.35 acres in lot 2; and (III) 40 acres in the SW 1⁄4 1⁄4 (xxiii) 80 acres in T. 27 N., R. 21 E., sec. 3, comprised of— (I) 40 acres in lot 11; and (II) 40 acres in lot 12. (xxiv) 80 acres in T. 27 N., R. 21 E., sec. 11, comprised of— (I) 40 acres in the NW 1⁄4 1⁄4 (II) 40 acres in the SW 1⁄4 1⁄4 (xxv) 200 acres in T. 27 N., R. 21 E., sec. 12, comprised of— (I) 80 acres in the E 1⁄2 1⁄4 (II) 40 acres in the NW 1⁄4 1⁄4 (III) 80 acres in the S 1⁄2 1⁄4 (xxvi) 40 acres in the SE 1⁄4 1⁄4 (xxvii) 320 acres in T. 27 N., R. 21 E., sec. 24, comprised of— (I) 80 acres in the E 1⁄2 1⁄4 (II) 160 acres in the NE 1⁄4 (III) 40 acres in the NE 1⁄4 1⁄4 (IV) 40 acres in the SW 1⁄4 1⁄4 (xxviii) 120 acres in T. 27 N., R. 21 E., sec. 25, comprised of— (I) 80 acres in the S 1⁄2 1⁄4 (II) 40 acres in the SE 1⁄4 1⁄4 (xxix) 40 acres in the NE 1⁄4 1⁄4 (xxx) 160 acres in the NW 1⁄4 (xxxi) 40 acres in the SW 1⁄4 1⁄4 (xxxii) 40 acres in the SW 1⁄4 1⁄4 (xxxiii) 120 acres in T. 27 N., R. 21 E., sec. 33, comprised of— (I) 40 acres in the SE 1⁄4 1⁄4 (II) 80 acres in the N 1⁄2 1⁄4 (xxxiv) 440 acres in T. 27 N., R. 21 E., sec. 34, comprised of— (I) 160 acres in the N 1⁄2 1⁄2 (II) 160 acres in the NE 1⁄4 (III) 80 acres in the S 1⁄2 1⁄4 (IV) 40 acres in the SE 1⁄4 1⁄4 (xxxv) 133.44 acres in T. 27 N., R. 22 E., sec. 4, comprised of— (I) 28.09 acres in lot 5; (II) 25.35 acres in lot 6; (III) 40 acres in lot 10; and (IV) 40 acres in lot 15. (xxxvi) 160 acres in T. 27 N., R. 22 E., sec. 7, comprised of— (I) 40 acres in the NE 1⁄4 1/4 (II) 40 acres in the NW 1⁄4 1⁄4 (III) 80 acres in the W 1⁄2 1⁄4 (xxxvii) 120 acres in T. 27 N., R. 22 E., sec. 8, comprised of— (I) 80 acres in the E 1⁄2 1⁄4 (II) 40 acres in the NE 1⁄4 1⁄4 (xxxviii) 40 acres in the SW 1⁄4 1⁄4 (xxxix) 40 acres in the NE 1⁄4 1⁄4 (xl) 40 acres in the NW 1⁄4 1⁄4 (xli) 40 acres in the SE 1⁄4 1⁄4 (xlii) 80 acres in the W 1⁄2 1⁄4 (xliii) 52.36 acres in the SE 1⁄4 1⁄4 (xliv) 40 acres in the NE 1⁄4 1⁄4 (xlv) 40 acres in the NE 1⁄4 1⁄4 (xlvi) 40 acres in the SW 1⁄4 1⁄4 (xlvii) 42.38 acres in the NW 1⁄4 1⁄4 (xlviii) 320 acres in the E 1⁄2 (xlix) 80 acres in the E 1⁄2 1⁄4 (l) 240 acres in T. 26 N., R. 22 E., sec. 30, comprised of— (I) 80 acres in the E 1⁄2 1⁄4 (II) 80 acres in the N 1⁄2 1⁄4 (III) 40 acres in the SE 1⁄4 1⁄4 (IV) 40 acres in the SW 1⁄4 1⁄4 (B) Bureau of indian affairs The parcels of approximately 3,519.3 acres of trust land that have been converted to fee land, judicially foreclosed on, acquired by the Department of Agriculture, and transferred to the Bureau of Indian Affairs, described in clauses (i) through (iii). (i) Parcel 1 The land described in this clause is 640 acres in T. 29 N., R. 26 E., comprised of— (I) 160 acres in the SW¼ of sec. 27; (II) 160 acres in the NE¼ of sec. 33; and (III) 320 acres in the W½ of sec. 34. (ii) Parcel 2 The land described in this clause is 320 acres in the N½ of T. 30 N., R. 23 E., sec. 28. (iii) Parcel 3 The land described in this clause is 2,559.3 acres, comprised of— (I) T. 28 N., R. 24 E., including— (aa) of sec. 16— (AA) 5 acres in the E 1/2 1/2 1/2 1/2 1/2 1/4 (BB) 10 acres in the E 1/2 1/2 1/2 1/2 1/4 (CC) 40 acres in the E 1/2 1/2 1/4 (DD) 40 acres in the W 1/2 1/2 1/4 (EE) 20 acres in the W 1/2 1/2 1/2 1/4 (FF) 5 acres in the W 1/2 1/2 1/2 1/2 1/2 1/4 (GG) 160 acres in the SE 1/4 (bb) 640 acres in sec. 21; (cc) 320 acres in the S 1/2 (dd) 320 acres in the W 1/2 (II) T. 29 N., R. 25 E., PMM, including— (aa) 320 acres in the S 1/2 (bb) 320 acres in the N 1/2 (III) 39.9 acres in T. 29 N., R. 26 E., PMM, sec. 6, lot 2; (IV) T. 30 N., R. 26 E., PMM, including— (aa) 39.4 acres in sec. 3, lot 2; (bb) 40 acres in the SW 1/4 1/4 (cc) 80 acres in the E 1/2 1/4 (dd) 80 acres in the S 1/2 1/4 (ee) 40 acres in the N 1/2 1/2 1/4 (V) 40 acres in T. 31 N., R. 26 E., PMM, the NW 1/4 1/4 (3) Terms and conditions (A) Existing authorizations (i) In general Federal land transferred under this subsection shall be conveyed and taken into trust subject to valid existing rights, contracts, leases, permits, and rights-of-way, unless the holder of the right, contract, lease, permit, and rights-of-way requests an earlier termination in accordance with existing law. (ii) Assumption by Bureau of Indian Affairs The Bureau of Indian Affairs shall— (I) assume all benefits and obligations of the previous land management agency under the existing rights, contracts, leases, permits, and rights-of-way described in clause (i); and (II) disburse to the Fort Belknap Indian Community any amounts that accrue to the United States from those rights, contracts, leases, permits, and rights-of-ways after the date of transfer from any sale, bonus, royalty, or rental relating to that land in the same manner as amounts received from other land held by the Secretary in trust for the Fort Belknap Indian Community. (B) Personal property (i) In general Any improvements constituting personal property, as defined by State law, belonging to the holder of a right, contract, lease, permit, or right-of-way on land transferred under this subsection shall— (I) remain the property of the holder; and (II) be removed from the land not later than 90 days after the date on which the right, contract, lease, permit, or right-of-way expires, unless the Fort Belknap Indian Community and the holder agree otherwise. (ii) Remaining property Any personal property described in clause (i) remaining with the holder described in that clause beyond the 90-day period described in subclause (II) of that clause shall— (I) become the property of the Fort Belknap Indian Community; and (II) be subject to removal and disposition at the discretion of the Fort Belknap Indian Community. (iii) Liability of previous holder The holder of personal property described in clause (i) shall be liable to the Fort Belknap Indian Community for costs incurred by the Fort Belknap Indian Community in removing and disposing of the property under clause (ii)(II). (C) Existing roads If any road within the Federal land transferred under this subsection is necessary for customary access to private land, the Bureau of Indian Affairs shall offer the owner of the private land to apply for a right-of-way along the existing road, at the expense of the landowner. (D) Limitation on the transfer of water rights Water rights that transfer with the land described in paragraph (2) shall not become part of the Tribal water rights, unless those rights are recognized and ratified in the Compact. (4) Withdrawal of Federal land (A) In general Subject to valid existing rights, effective on the date of enactment of this Act, all Federal land within the parcels described in paragraph (2) is withdrawn from all forms of— (i) entry, appropriation, or disposal under the public land laws; (ii) location, entry, and patent under the mining laws; and (iii) disposition under all laws pertaining to mineral and geothermal leasing or mineral materials. (B) Expiration The withdrawals pursuant to subparagraph (A) shall terminate on the date that the Secretary takes the land into trust for the benefit of the Fort Belknap Indian Community pursuant to paragraph (1). (C) No new reservation of Federal water rights Nothing in this paragraph establishes a new reservation in favor of the United States or the Fort Belknap Indian Community with respect to any water or water right on the land withdrawn by this paragraph. (5) Technical corrections Notwithstanding the descriptions of the parcels of Federal land in paragraph (2), the United States may, with the consent of the Fort Belknap Indian Community, make technical corrections to the legal land descriptions to more specifically identify the parcels. (6) Survey (A) In general Unless the United States or the Fort Belknap Indian Community request an additional survey for the transferred land or a technical correction is made under paragraph (5), the description of land under this subsection shall be controlling. (B) Additional survey If the United States or the Fort Belknap Indian Community requests an additional survey, that survey shall control the total acreage to be transferred into trust under this subsection. (C) Assistance The Secretary shall provide such financial or other assistance as may be necessary— (i) to conduct additional surveys under this subsection; and (ii) to satisfy administrative requirements necessary to accomplish the land transfers under this subsection. (7) Date of transfer The Secretary shall complete all land transfers under this subsection and shall take the land into trust for the benefit of the Fort Belknap Indian Community as expeditiously as practicable after the enforceability date, but not later than 10 years after the enforceability date. (c) Tribally owned fee land Not later than 10 years after the enforceability date, the Secretary shall take into trust for the benefit of the Fort Belknap Indian Community all fee land owned by the Fort Belknap Indian Community on or adjacent to the Reservation to become part of the Reservation, provided that— (1) the land is free from any liens, encumbrances, or other infirmities; and (2) no evidence exists of any hazardous substances on, or other environmental liability with respect to, the land. (d) Dodson land (1) In general Subject to paragraph (2), as soon as practicable after the enforceability date, but not later than 10 years after the enforceability date, the Dodson Land described in paragraph (3) shall be taken into trust by the United States for the benefit of the Fort Belknap Indian Community as part of the Reservation. (2) Restrictions The land taken into trust under paragraph (1) shall be subject to a perpetual easement, reserved by the United States for use by the Bureau of Reclamation, its contractors, and its assigns for— (A) the right of ingress and egress for Milk River Project purposes; (B) the right to— (i) seep, flood, and overflow the transferred land for Milk River Project purposes; (ii) conduct routine and non-routine operation, maintenance, and replacement activities on the Milk River Project facilities, including modification to the headworks at the upstream end of the Dodson South Canal in support of Dodson South Canal enlargement, to include all associated access, construction, and material storage necessary to complete those activities; and (iii) prohibit the construction of permanent structures on the transferred land, except— (I) as provided in the cooperative agreement under paragraph (4); and (II) to meet the requirements of the Milk River Project. (3) Description of Dodson land (A) In general The Dodson Land referred to in paragraphs (1) and (2) is the approximately 2,500 acres of land owned by the United States that is, as of the date of enactment of this Act, under the jurisdiction of the Bureau of Reclamation and located at the northeastern corner of the Reservation (which extends to the point in the middle of the main channel of the Milk River), where the Milk River Project facilities, including the Dodson Diversion Dam, headworks to the Dodson South Canal, and Dodson South Canal, are located, and more particularly described as follows: (i) Supplemental Plat of T. 30 N., R. 26 E., PMM, secs. 1 and 2. (ii) Supplemental Plat of T. 31 N., R. 25 E., PMM, sec. 13. (iii) Supplemental Plat of T. 31 N., R. 26 E., PMM, secs. 18, 19, 20, and 29. (iv) Supplemental Plat of T. 31 N., R. 26 E., PMM, secs. 26, 27, 35, and 36. (B) Clarification The supplemental plats described in clauses (i) through (iv) of subparagraph (A) are official plats, as documented by retracement boundary surveys of the General Land Office, approved on March 11, 1938, and on record at the Bureau of Land Management. (C) Technical corrections Notwithstanding the descriptions of the parcels of Federal land in subparagraph (A), the United States may, with the consent of the Fort Belknap Indian Community, make technical corrections to the legal land descriptions to more specifically identify the parcels to be transferred. (4) Cooperative agreement Not later than 3 years after the enforceability date, the Bureau of Reclamation, the Malta Irrigation District, the Bureau of Indian Affairs, and the Fort Belknap Indian Community shall negotiate and enter into a cooperative agreement that identifies the uses to which the Fort Belknap Indian Community may put the land described in paragraph (3), provided that the cooperative agreement may be amended by mutual agreement of the Fort Belknap Indian Community, Bureau of Reclamation, the Malta Irrigation District, and the Bureau of Indian Affairs, including to modify the perpetual easement to narrow the boundaries of the easement or to terminate the perpetual easement and cooperative agreement. (e) Land status All land held in trust by the United States for the benefit of the Fort Belknap Indian Community under this section shall be— (1) beneficially owned by the Fort Belknap Indian Community; and (2) part of the Reservation and administered in accordance with the laws and regulations generally applicable to land held in trust by the United States for the benefit of an Indian Tribe. 11007. Storage allocation from Lake Elwell (a) Storage allocation of water to Fort Belknap Indian Community The Secretary shall allocate to the Fort Belknap Indian Community 20,000 acre-feet per year of water stored in Lake Elwell for use by the Fort Belknap Indian Community for any beneficial purpose on or off the Reservation, under a water right held by the United States and managed by the Bureau of Reclamation for the benefit of the Fort Belknap Indian Community, as measured and diverted at the outlet works of the Tiber Dam or through direct pumping from Lake Elwell. (b) Treatment (1) In general The allocation to the Fort Belknap Indian Community under subsection (a) shall be considered to be part of the Tribal water rights. (2) Priority date The priority date of the allocation to the Fort Belknap Indian Community under subsection (a) shall be the priority date of the Lake Elwell water right held by the Bureau of Reclamation. (3) Administration The Fort Belknap Indian Community shall administer the water allocated under subsection (a) in accordance with the Compact and this division. (c) Allocation agreement (1) In general As a condition of receiving the allocation under this section, the Fort Belknap Indian Community shall enter into an agreement with the Secretary to establish the terms and conditions of the allocation, in accordance with the Compact and this division. (2) Inclusions The agreement under paragraph (1) shall include provisions establishing that— (A) the agreement shall be without limit as to term; (B) the Fort Belknap Indian Community, and not the United States, shall be entitled to all consideration due to the Fort Belknap Indian Community under any lease, contract, exchange, or agreement entered into by the Fort Belknap Indian Community pursuant to subsection (d); (C) the United States shall have no obligation to monitor, administer, or account for— (i) any funds received by the Fort Belknap Indian Community as consideration under any lease, contract, exchange, or agreement entered into by the Fort Belknap Indian Community pursuant to subsection (d); or (ii) the expenditure of those funds; (D) if the capacity or function of Lake Elwell facilities are significantly reduced, or are anticipated to be significantly reduced, for an extended period of time, the Fort Belknap Indian Community shall have the same storage rights as other storage contractors with respect to the allocation under this section; (E) the costs associated with the construction of the storage facilities at Tiber Dam allocable to the Fort Belknap Indian Community shall be nonreimbursable; (F) no water service capital charge shall be due or payable for any water allocated to the Fort Belknap Indian Community under this section or the allocation agreement, regardless of whether that water is delivered for use by the Fort Belknap Indian Community or under a lease, contract, exchange, or by agreement entered into by the Fort Belknap Indian Community pursuant to subsection (d); (G) the Fort Belknap Indian Community shall not be required to make payments to the United States for any water allocated to the Fort Belknap Indian Community under this section or the allocation agreement, except for each acre-foot of stored water leased or transferred for industrial purposes as described in subparagraph (H); and (H) for each acre-foot of stored water leased or transferred by the Fort Belknap Indian Community for industrial purposes— (i) the Fort Belknap Indian Community shall pay annually to the United States an amount necessary to cover the proportional share of the annual operations, maintenance, and replacement costs allocable to the quantity of water leased or transferred by the Fort Belknap Indian Community for industrial purposes; and (ii) the annual payments of the Fort Belknap Indian Community shall be reviewed and adjusted, as appropriate, to reflect the actual operations, maintenance, and replacement costs for Tiber Dam. (d) Agreement by fort Belknap Indian Community The Fort Belknap Indian Community may use, lease, contract, exchange, or enter into other agreements for the use of the water allocated to the Fort Belknap Indian Community under subsection (a) if— (1) the use of water that is the subject of such an agreement occurs within the Missouri River Basin; and (2) the agreement does not permanently alienate any water allocated to the Fort Belknap Indian Community under that subsection. (e) Effective date The allocation under subsection (a) takes effect on the enforceability date. (f) No carryover storage The allocation under subsection (a) shall not be increased by any year-to-year carryover storage. (g) Development and delivery costs The United States shall not be required to pay the cost of developing or delivering any water allocated under this section. 11008. Milk River Project mitigation (a) In general In complete satisfaction of the Milk River Project mitigation requirements provided for in Article VI.B. of the Compact, the Secretary, acting through the Commissioner— (1) in cooperation with the State and the Blackfeet Tribe, shall carry out appropriate activities concerning the restoration of the St. Mary Canal and associated facilities, including activities relating to the— (A) planning and design to restore the St. Mary Canal and appurtenances to convey 850 cubic-feet per second; and (B) rehabilitating, constructing, and repairing of the St. Mary Canal and appurtenances; and (2) in cooperation with the State and the Fort Belknap Indian Community, shall carry out appropriate activities concerning the enlargement of Dodson South Canal and associated facilities, including activities relating to the— (A) planning and design to enlarge Dodson South Canal and headworks at the upstream end of Dodson South Canal to divert and convey 700 cubic-feet per second; and (B) rehabilitating, constructing, and enlarging the Dodson South Canal and headworks at the upstream end of Dodson South Canal to divert and convey 700 cubic-feet per second. (b) Funding The total amount of obligations incurred by the Secretary, prior to any adjustments provided for in section 11014(b), shall not exceed $300,000,000 to carry out activities described in subsection (c)(1). (c) Satisfaction of mitigation requirement Notwithstanding any provision of the Compact, the mitigation required by Article VI.B. of the Compact shall be deemed satisfied if— (1) the Secretary has— (A) restored the St. Mary Canal and associated facilities to convey 850 cubic-feet per second; and (B) enlarged the Dodson South Canal and headworks at the upstream end of Dodson South Canal to divert and convey 700 cubic-feet per second; or (2) the Secretary— (A) has expended all of the available funding provided pursuant to section 11014(a)(1)(D) to rehabilitate the St. Mary Canal and enlarge the Dodson South Canal; and (B) despite diligent efforts, could not complete the activities described in subsection (a). (d) Nonreimbursability of costs The costs to the Secretary of carrying out this section shall be nonreimbursable. 11009. Fort Belknap Indian Irrigation Project System (a) In general Subject to the availability of appropriations, the Secretary shall rehabilitate, modernize, and expand the Fort Belknap Indian Irrigation Project, as generally described in the document of Natural Resources Consulting Engineers, Inc., entitled Fort Belknap Indian Community Comprehensive Water Development Plan (1) planning, studies, and designing of the existing and expanded Milk River unit, including the irrigation system, Pumping Plant, delivery pipe and canal, Fort Belknap Dam and Reservoir, and Peoples Creek Flood Protection Project; (2) the rehabilitation, modernization, and construction of the existing Milk River unit; and (3) construction of the expanded Milk River unit, including the irrigation system, Pumping Plant, delivery pipe and canal, Fort Belknap Dam and Reservoir, and Peoples Creek Flood Protection Project. (b) Lead agency The Bureau of Indian Affairs, in coordination with the Bureau of Reclamation, shall serve as the lead agency with respect to any activities carried out under this section. (c) Consultation with the Fort Belknap Indian Community The Secretary shall consult with the Fort Belknap Indian Community on appropriate changes to the final design and costs of any activity under this section. (d) Funding The total amount of obligations incurred by the Secretary in carrying out this section, prior to any adjustment provided for in section 11014(b), shall not exceed $415,832,153. (e) Nonreimbursability of costs All costs incurred by the Secretary in carrying out this section shall be nonreimbursable. (f) Administration The Secretary and the Fort Belknap Indian Community shall negotiate the cost of any oversight activity carried out by the Bureau of Indian Affairs or the Bureau of Reclamation under any agreement entered into under subsection (j), subject to the condition that the total cost for the oversight shall not exceed 3 percent of the total project costs for each project. (g) Project management committee Not later than 1 year after the date of enactment of this Act, the Secretary shall facilitate the formation of a project management committee composed of representatives of the Bureau of Indian Affairs, the Bureau of Reclamation, and the Fort Belknap Indian Community— (1) to review and make recommendations relating to cost factors, budgets, and implementing the activities for rehabilitating, modernizing, and expanding the Fort Belknap Indian Irrigation Project; and (2) to improve management of inherently governmental activities through enhanced communication. (h) Project efficiencies If the total cost of planning, studies, design, rehabilitation, modernization, and construction activities relating to the projects described in subsection (a) results in cost savings and is less than the amounts authorized to be obligated, the Secretary, at the request of the Fort Belknap Indian Community, shall deposit those savings in the Fort Belknap Indian Community Water Resources and Water Rights Administration, Operation, and Maintenance Account established under section 11012(b)(2). (i) Treatment Any activities carried out pursuant to this section that result in improvements, additions, or modifications to the Fort Belknap Indian Irrigation Project shall— (1) become a part of the Fort Belknap Indian Irrigation Project; and (2) be recorded in the inventory of the Secretary relating to the Fort Belknap Indian Irrigation Project. (j) Applicability of ISDEAA At the request of the Fort Belknap Indian Community, and in accordance with the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5301 et seq. (k) Effect Nothing in this section— (1) alters any applicable law under which the Bureau of Indian Affairs collects assessments or carries out the operations and maintenance of the Fort Belknap Indian Irrigation Project; or (2) impacts the availability of amounts under section 11014. (l) Satisfaction of Fort Belknap Indian Irrigation Project System requirement The obligations of the Secretary under subsection (a) shall be deemed satisfied if the Secretary— (1) has rehabilitated, modernized, and expanded the Fort Belknap Indian Irrigation Project in accordance with subsection (a); or (2) (A) has expended all of the available funding provided pursuant to paragraphs (1)(C) and (2)(A)(iv) of section 11014(a); and (B) despite diligent efforts, could not complete the activities described in subsection (a). 11010. Satisfaction of claims (a) In general The benefits provided under this division shall be in complete replacement of, complete substitution for, and full satisfaction of any claim of the Fort Belknap Indian Community against the United States that is waived and released by the Fort Belknap Indian Community under section 11011(a). (b) Allottees The benefits realized by the allottees under this division shall be in complete replacement of, complete substitution for, and full satisfaction of— (1) all claims waived and released by the United States (acting as trustee for the allottees) under section 11011(a)(2); and (2) any claims of the allottees against the United States similar to the claims described in section 11011(a)(2) that the allottee asserted or could have asserted. 11011. Waivers and releases of claims (a) In general (1) Waiver and release of claims by the fort belknap indian community and United States as trustee for the fort belknap indian community Subject to the reservation of rights and retention of claims under subsection (d), as consideration for recognition of the Tribal water rights and other benefits described in the Compact and this division, the Fort Belknap Indian Community, acting on behalf of the Fort Belknap Indian Community and members of the Fort Belknap Indian Community (but not any member of the Fort Belknap Indian Community as an allottee), and the United States, acting as trustee for the Fort Belknap Indian Community and the members of the Fort Belknap Indian Community (but not any member of the Fort Belknap Indian Community as an allottee), shall execute a waiver and release of all claims for water rights within the State that the Fort Belknap Indian Community, or the United States acting as trustee for the Fort Belknap Indian Community, asserted or could have asserted in any proceeding, including a State stream adjudication, on or before the enforceability date, except to the extent that such rights are recognized in the Compact and this division. (2) Waiver and release of claims by the United States as trustee for allottees Subject to the reservation of rights and the retention of claims under subsection (d), as consideration for recognition of the Tribal water rights and other benefits described in the Compact and this division, the United States, acting as trustee for the allottees, shall execute a waiver and release of all claims for water rights within the Reservation that the United States, acting as trustee for the allottees, asserted or could have asserted in any proceeding, including a State stream adjudication, on or before the enforceability date, except to the extent that such rights are recognized in the Compact and this division. (3) Waiver and release of claims by the Fort Belknap Indian Community against the United States Subject to the reservation of rights and retention of claims under subsection (d), the Fort Belknap Indian Community, acting on behalf of the Fort Belknap Indian Community and members of the Fort Belknap Indian Community (but not any member of the Fort Belknap Indian Community as an allottee), shall execute a waiver and release of all claims against the United States (including any agency or employee of the United States)— (A) first arising before the enforceability date relating to— (i) water rights within the State that the United States, acting as trustee for the Fort Belknap Indian Community, asserted or could have asserted in any proceeding, including a general stream adjudication in the State, except to the extent that such rights are recognized as Tribal water rights under this division; (ii) foregone benefits from nontribal use of water, on and off the Reservation (including water from all sources and for all uses); (iii) damage, loss, or injury to water, water rights, land, or natural resources due to loss of water or water rights, including damages, losses, or injuries to hunting, fishing, gathering, or cultural rights due to loss of water or water rights, claims relating to interference with, diversion of, or taking of water, or claims relating to a failure to protect, acquire, replace, or develop water, water rights, or water infrastructure) within the State; (iv) a failure to establish or provide a municipal rural or industrial water delivery system on the Reservation; (v) damage, loss, or injury to water, water rights, land, or natural resources due to construction, operation, and management of the Fort Belknap Indian Irrigation Project and other Federal land and facilities (including damages, losses, or injuries to Tribal fisheries, fish habitat, wildlife, and wildlife habitat); (vi) a failure to provide for operation and maintenance, or deferred maintenance, for the Fort Belknap Indian Irrigation Project or any other irrigation system or irrigation project; (vii) the litigation of claims relating to any water rights of the Fort Belknap Indian Community in the State; (viii) the negotiation, execution, or adoption of the Compact (including appendices) and this division; (ix) the taking or acquisition of land or resources of the Fort Belknap Indian Community for the construction or operation of the Fort Belknap Indian Irrigation Project or the Milk River Project; and (x) the allocation of water of the Milk River and the St. Mary River (including tributaries) between the United States and Canada pursuant to the International Boundary Waters Treaty of 1909 (36 Stat. 2448); and (B) relating to damage, loss, or injury to water, water rights, land, or natural resources due to mining activities in the Little Rockies Mountains prior to the date of trust acquisition, including damages, losses, or injuries to hunting, fishing, gathering, or cultural rights. (b) Effectiveness The waivers and releases under subsection (a) shall take effect on the enforceability date. (c) Objections in Montana water court Nothing in this division or the Compact prohibits the Fort Belknap Indian Community, a member of the Fort Belknap Indian Community, an allottee, or the United States in any capacity from objecting to any claim to a water right filed in any general stream adjudication in the Montana Water Court. (d) Reservation of rights and retention of claims Notwithstanding the waivers and releases under subsection (a), the Fort Belknap Indian Community, acting on behalf of the Fort Belknap Indian Community and members of the Fort Belknap Indian Community, and the United States, acting as trustee for the Fort Belknap Indian Community and the allottees shall retain— (1) all claims relating to— (A) the enforcement of water rights recognized under the Compact, any final court decree relating to those water rights, or this division or to water rights accruing on or after the enforceability date; (B) the quality of water under— (i) CERCLA, including damages to natural resources; (ii) the Safe Drinking Water Act ( 42 U.S.C. 300f et seq. (iii) the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq. (iv) any regulations implementing the Acts described in clauses (i) through (iii); (C) damage, loss, or injury to land or natural resources that are— (i) not due to loss of water or water rights (including hunting, fishing, gathering, or cultural rights); and (ii) not described in subsection (a)(3); and (D) an action to prevent any person or party (as defined in sections 29 and 30 of Article II of the Compact) from interfering with the enjoyment of the Tribal water rights; (2) all claims relating to off-Reservation hunting rights, fishing rights, gathering rights, or other rights; (3) all claims relating to the right to use and protect water rights acquired after the date of enactment of this Act; (4) all claims relating to the allocation of waters of the Milk River and the Milk River Project between the Fort Belknap Indian Community and the Blackfeet Tribe, pursuant to section 3705(e)(3) of the Blackfeet Water Rights Settlement Act ( Public Law 114–322 (5) all claims relating to the enforcement of this division, including the required transfer of land under section 11006; and (6) all rights, remedies, privileges, immunities, and powers not specifically waived and released pursuant to this division or the Compact. (e) Effect of Compact and division Nothing in the Compact or this division— (1) affects the authority of the Fort Belknap Indian Community to enforce the laws of the Fort Belknap Indian Community, including with respect to environmental protections; (2) affects the ability of the United States, acting as sovereign, to carry out any activity authorized by law, including— (A) the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq. (B) the Safe Drinking Water Act ( 42 U.S.C. 300f et seq. (C) CERCLA; and (D) any regulations implementing the Acts described in subparagraphs (A) through (C); (3) affects the ability of the United States to act as trustee for any other Indian Tribe or an allottee of any other Indian Tribe; (4) confers jurisdiction on any State court— (A) to interpret Federal law relating to health, safety, or the environment; (B) to determine the duties of the United States or any other party under Federal law relating to health, safety, or the environment; or (C) to conduct judicial review of any Federal agency action; (5) waives any claim of a member of the Fort Belknap Indian Community in an individual capacity that does not derive from a right of the Fort Belknap Indian Community; (6) revives any claim adjudicated in the decision in Gros Ventre Tribe v. United States, 469 F.3d 801 (9th Cir. 2006); or (7) revives any claim released by an allottee or member of the Fort Belknap Indian Community in the settlement in Cobell v. Salazar, No. 1:96CV01285–JR (D.D.C. 2012). (f) Enforceability date The enforceability date shall be the date on which the Secretary publishes in the Federal Register a statement of findings that— (1) the eligible members of the Fort Belknap Indian Community have voted to approve this division and the Compact by a majority of votes cast on the day of the vote; (2) (A) the Montana Water Court has approved the Compact in a manner from which no further appeal may be taken; or (B) if the Montana Water Court is found to lack jurisdiction, the appropriate district court of the United States has approved the Compact as a consent decree from which no further appeal may be taken; (3) all of the amounts authorized to be appropriated (4) the Secretary and the Fort Belknap Indian Community have executed the allocation agreement described in section 11007(c)(1); (5) the State has provided the required funding into the Fort Belknap Indian Community Tribal Irrigation and Other Water Resources Development Account of the Trust Fund pursuant to section 11014(a)(3); and (6) the waivers and releases under subsection (a) have been executed by the Fort Belknap Indian Community and the Secretary. (g) Tolling of claims (1) In general Each applicable period of limitation and time-based equitable defense relating to a claim described in this section shall be tolled for the period beginning on the date of enactment of this Act and ending on the enforceability date. (2) Effect of subsection Nothing in this subsection revives any claim or tolls any period of limitations or time-based equitable defense that expired before the date of enactment of this Act. (h) Expiration (1) In general This division shall expire in any case in which— (A) the amounts authorized to be appropriated (i) January 21, 2034; and (ii) such alternative later date as is agreed to by the Fort Belknap Indian Community and the Secretary; or (B) the Secretary fails to publish a statement of findings under subsection (f) by not later than— (i) January 21, 2035; and (ii) such alternative later date as is agreed to by the Fort Belknap Indian Community and the Secretary, after providing reasonable notice to the State. (2) Consequences If this division expires under paragraph (1)— (A) the waivers and releases under subsection (a) shall— (i) expire; and (ii) have no further force or effect; (B) the authorization, ratification, confirmation, and execution of the Compact under section 11004 shall no longer be effective; (C) any action carried out by the Secretary, and any contract or agreement entered into, pursuant to this division shall be void; (D) any unexpended Federal funds appropriated or made available to carry out the activities authorized by this division, together with any interest earned on those funds, and any water rights or contracts to use water and title to other property acquired or constructed with Federal funds appropriated or made available to carry out the activities authorized by this division shall be returned to the Federal Government, unless otherwise agreed to by the Fort Belknap Indian Community and the United States and approved by Congress; and (E) except for Federal funds used to acquire or construct property that is returned to the Federal Government under subparagraph (D), the United States shall be entitled to offset any Federal funds made available to carry out this division that were expended or withdrawn, or any funds made available to carry out this division from other Federal authorized sources, together with any interest accrued on those funds, against any claims against the United States— (i) relating to— (I) water rights in the State asserted by— (aa) the Fort Belknap Indian Community; or (bb) any user of the Tribal water rights; or (II) any other matter described in subsection (a)(3); or (ii) in any future settlement of water rights of the Fort Belknap Indian Community or an allottee. 11012. Aaniiih Nakoda Settlement Trust Fund (a) Establishment The Secretary shall establish a trust fund for the Fort Belknap Indian Community, to be known as the Aaniiih Nakoda Settlement Trust Fund (b) Accounts The Secretary shall establish in the Trust Fund the following accounts: (1) The Fort Belknap Indian Community Tribal Irrigation and Other Water Resources Development Account. (2) The Fort Belknap Indian Community Water Resources and Water Rights Administration, Operation, and Maintenance Account. (3) The Fort Belknap Indian Community Clean and Safe Domestic Water and Sewer Systems, and Lake Elwell Project Account. (c) Deposits The Secretary shall deposit— (1) in the Fort Belknap Indian Community Tribal Irrigation and Other Water Resources Development Account established under subsection (b)(1), the amounts made available pursuant to paragraphs (1)(A) and (2)(A)(i) of section 11014(a); (2) in the Fort Belknap Indian Community Water Resources and Water Rights Administration, Operation, and Maintenance Account established under subsection (b)(2), the amounts made available pursuant to section 11014(a)(2)(A)(ii); and (3) in the Fort Belknap Indian Community Clean and Safe Domestic Water and Sewer Systems, and Lake Elwell Project Account established under subsection (b)(3), the amounts made available pursuant to paragraphs (1)(B) and (2)(A)(iii) of section 11014(a). (d) Management and interest (1) Management On receipt and deposit of the funds into the accounts in the Trust Fund pursuant to subsection (c), the Secretary shall manage, invest, and distribute all amounts in the Trust Fund in accordance with the investment authority of the Secretary under— (A) the first section of the Act of June 24, 1938 ( 25 U.S.C. 162a (B) the American Indian Trust Fund Management Reform Act of 1994 ( 25 U.S.C. 4001 et seq. (C) this section. (2) Investment earnings In addition to the amounts deposited under subsection (c), any investment earnings, including interest, credited to amounts held in the Trust Fund shall be available for use in accordance with subsections (e) and (g). (e) Availability of amounts (1) In general Amounts appropriated to, and deposited in, the Trust Fund, including any investment earnings, including interest, earned on those amounts shall be made available— (A) to the Fort Belknap Indian Community by the Secretary beginning on the enforceability date; and (B) subject to the uses and restrictions in this section. (2) Exceptions Notwithstanding paragraph (1)— (A) amounts deposited in the Fort Belknap Indian Community Tribal Irrigation and Other Water Resources Development Account established under subsection (b)(1) shall be available to the Fort Belknap Indian Community on the date on which the amounts are deposited for uses described in subparagraph (A) and (B) of subsection (g)(1) (B) amounts deposited in the Fort Belknap Indian Community Water Resources and Water Rights Administration, Operation, and Maintenance Account established under subsection (b)(2) shall be made available to the Fort Belknap Indian Community on the date on which the amounts are deposited and the Fort Belknap Indian Community has satisfied the requirements of section 11011(f)(1), for the uses described in subsection (g)(2)(A); and (C) amounts deposited in the Fort Belknap Indian Community Clean and Safe Domestic Water and Sewer Systems, and Lake Elwell Project Account established under subsection (b)(3) shall be available to the Fort Belknap Indian Community on the date on which the amounts are deposited for the uses described in subsection (g)(3)(A). (f) Withdrawals (1) American Indian Trust Fund Management Reform Act of 1994 (A) In general The Fort Belknap Indian Community may withdraw any portion of the funds in the Trust Fund on approval by the Secretary of a Tribal management plan submitted by the Fort Belknap Indian Community in accordance with the American Indian Trust Fund Management Reform Act of 1994 ( 25 U.S.C. 4001 et seq. (B) Requirements In addition to the requirements under the American Indian Trust Fund Management Reform Act of 1994 ( 25 U.S.C. 4001 et seq. (C) Enforcement The Secretary may carry out such judicial and administrative actions as the Secretary determines to be necessary— (i) to enforce the Tribal management plan; and (ii) to ensure that amounts withdrawn from the Trust Fund by the Fort Belknap Indian Community under this paragraph are used in accordance with this division. (2) Withdrawals under expenditure plan (A) In general The Fort Belknap Indian Community may submit to the Secretary a request to withdraw funds from the Trust Fund pursuant to an approved expenditure plan. (B) Requirements To be eligible to withdraw funds under an expenditure plan under this paragraph, the Fort Belknap Indian Community shall submit to the Secretary for approval an expenditure plan for any portion of the Trust Fund that the Fort Belknap Indian Community elects to withdraw pursuant to this paragraph, subject to the condition that the funds shall be used for the purposes described in this division. (C) Inclusions An expenditure plan under this paragraph shall include a description of the manner and purpose for which the amounts proposed to be withdrawn from the Trust Fund will be used by the Fort Belknap Indian Community in accordance with subsections (e) and (g). (D) Approval On receipt of an expenditure plan under this paragraph, the Secretary shall approve the expenditure plan if the Secretary determines that the expenditure plan— (i) is reasonable; and (ii) is consistent with, and will be used for, the purposes of this division. (E) Enforcement The Secretary may carry out such judicial and administrative actions as the Secretary determines to be necessary to enforce an expenditure plan under this paragraph to ensure that amounts disbursed under this paragraph are used in accordance with this division. (g) Uses Amounts from the Trust Fund shall be used by the Fort Belknap Indian Community for the following purposes: (1) Fort Belknap Indian Community Tribal Irrigation and Other Water Resources Development Account Amounts in the Fort Belknap Indian Community Tribal Irrigation and Other Water Resources Development Account established under subsection (b)(1) shall be used to pay the cost of activities relating to— (A) planning, studies, and design of the Southern Tributary Irrigation Project and the Peoples Creek Irrigation Project, including the Upper Peoples Creek Dam and Reservoir, as generally described in the document of Natural Resources Consulting Engineers, Inc., entitled Fort Belknap Indian Community Comprehensive Water Development Plan (B) environmental compliance; (C) construction of the Southern Tributary Irrigation Project and the Peoples Creek Irrigation Project, including the Upper Peoples Creek Dam and Reservoir; (D) wetlands restoration and development; (E) stock watering infrastructure; and (F) on farm development support and reacquisition of fee lands within the Fort Belknap Indian Irrigation Project and Fort Belknap Indian Community irrigation projects within the Reservation. (2) Fort Belknap Indian Community Water Resources and Water Rights Administration, Operation, and Maintenance Account Amounts in the Fort Belknap Indian Community Water Resources and Water Rights Administration, Operation, and Maintenance Account established under subsection (b)(2), the principal and investment earnings, including interest, may only be used by the Fort Belknap Indian Community to pay the costs of activities described in subparagraphs (A) through (C) as follows: (A) $9,000,000 shall be used for the establishment, operation, and capital expenditures in connection with the administration of the Tribal water resources and water rights development, including the development or enactment of a Tribal water code. (B) Only investment earnings, including interest, on $29,299,059 shall be used and be available to pay the costs of activities for administration, operations, and regulation of the Tribal water resources and water rights department, in accordance with the Compact and this division. (C) Only investment earnings, including interest, on $28,331,693 shall be used and be available to pay the costs of activities relating to a portion of the annual assessment costs for the Fort Belknap Indian Community and Tribal members, including allottees, under the Fort Belknap Indian Irrigation Project and Fort Belknap Indian Community irrigation projects within the Reservation. (3) Fort Belknap Indian Community Clean and Safe Domestic Water and Sewer Systems, and Lake Elwell Project Account Amounts in the Fort Belknap Indian Community Clean and Safe Domestic Water and Sewer Systems, and Lake Elwell Project Account established under subsection (b)(3), the principal and investment earnings, including interest, may only be used by the Fort Belknap Indian Community to pay the costs of activities relating to— (A) planning, studies, design, and environmental compliance of domestic water supply, and sewer collection and treatment systems, as generally described in the document of Natural Resources Consulting Engineers, Inc., entitled Fort Belknap Indian Community Comprehensive Water Development Plan (B) construction of domestic water supply, sewer collection, and treatment systems; (C) construction, in accordance with applicable law, of infrastructure for delivery of Lake Elwell water diverted from the Missouri River to the southern part of the Reservation; and (D) planning, studies, design, environmental compliance, and construction of a Tribal wellness center for a work force health and wellbeing project. (h) Liability The Secretary shall not be liable for any expenditure or investment of amounts withdrawn from the Trust Fund by the Fort Belknap Indian Community pursuant to subsection (f). (i) Project efficiencies If the total cost of the activities described in subsection (g) results in cost savings and is less than the amounts authorized to be obligated under any of paragraphs (1) through (3) of that subsection required to carry out those activities, the Secretary, at the request of the Fort Belknap Indian Community, shall deposit those savings in the Trust Fund to be used in accordance with that subsection. (j) Annual report The Fort Belknap Indian Community shall submit to the Secretary an annual expenditure report describing accomplishments and amounts spent from use of withdrawals under a Tribal management plan or an expenditure plan described in this section. (k) No per capita payments No principal or interest amount in any account established by this section shall be distributed to any member of the Fort Belknap Indian Community on a per capita basis. (l) Effect Nothing in this division entitles the Fort Belknap Indian Community to judicial review of a determination of the Secretary regarding whether to approve a Tribal management plan under subsection (f)(1) or an expenditure plan under subsection (f)(2), except as provided under subchapter II of chapter 5, and chapter 7, of title 5, United States Code (commonly known as the Administrative Procedure Act 11013. Fort Belknap Indian Community Water Settlement Implementation Fund (a) Establishment There is established in the Treasury of the United States a non-trust, interest-bearing account to be known as the Fort Belknap Indian Community Water Settlement Implementation Fund (b) Accounts The Secretary shall establish in the Implementation Fund the following accounts: (1) The Fort Belknap Indian Irrigation Project System Account. (2) The Milk River Project Mitigation Account. (c) Deposits The Secretary shall deposit— (1) in the Fort Belknap Indian Irrigation Project System Account established under subsection (b)(1), the amount made available pursuant to paragraphs (1)(C) and (2)(A)(iv) of section 11014(a); and (2) in the Milk River Project Mitigation Account established under subsection (b)(2), the amount made available pursuant to section 11014(a)(1)(D). (d) Uses (1) Fort belknap indian irrigation project system account The Fort Belknap Indian Irrigation Project Rehabilitation Account established under subsection (b)(1) shall be used to carry out section 11009, except as provided in subsection (h) of that section. (2) Milk river project mitigation account The Milk River Project Mitigation Account established under subsection (b)(2) may only be used to carry out section 11008. (e) Management (1) In general Amounts in the Implementation Fund shall not be available to the Secretary for expenditure until the enforceability date. (2) Exception Notwithstanding paragraph (1), amounts deposited in the Fort Belknap Indian Irrigation Project System Account established under subsection (b)(1) shall be available to the Secretary on the date on which the amounts are deposited for uses described in paragraphs (1) and (2) of section 11009(a). (f) Interest In addition to the deposits under subsection (c), any interest credited to amounts unexpended in the Implementation Fund are authorized to be appropriated to be used in accordance with the uses described in subsection (d). 11014. Funding (a) Funding (1) Authorization of appropriations Subject to subsection (b), there are authorized to be appropriated to the Secretary— (A) for deposit in the Fort Belknap Indian Community Tribal Irrigation and Other Water Resources Development Account of the Trust Fund established under section 11012(b)(1), $89,643,100, to be retained until expended, withdrawn, or reverted to the general fund of the Treasury; (B) for deposit in the Fort Belknap Indian Community Clean and Safe Domestic Water and Sewer Systems, and Lake Elwell Project Account of the Trust Fund established under section 11012(b)(3), $331,885,220, to be retained until expended, withdrawn, or reverted to the general fund of the Treasury; (C) for deposit in the Fort Belknap Indian Irrigation Project System Account of the Implementation Fund established under section 11013(b)(1), such sums as are necessary, but not more than $187,124,469, for the Secretary to carry out section 11009, to be retained until expended, withdrawn, or reverted to the general fund of the Treasury; and (D) for deposit in the Milk River Project Mitigation Account of the Implementation Fund established under section 11013(b)(2), such sums as are necessary, but not more than $300,000,000, for the Secretary to carry out obligations of the Secretary under section 11008, to be retained until expended, withdrawn, or reverted to the general fund of the Treasury. (2) Mandatory appropriations (A) In general Out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall deposit— (i) in the Fort Belknap Indian Community Tribal Irrigation and Other Water Resources Development Account of the Trust Fund established under section 11012(b)(1), $29,881,034, to be retained until expended, withdrawn, or reverted to the general fund of the Treasury; (ii) in the Fort Belknap Indian Community Water Resources and Water Rights Administration, Operation, and Maintenance Account of the Trust Fund established under section 11012(b)(2), $66,630,752; (iii) in the Fort Belknap Indian Community Clean and Safe Domestic Water and Sewer Systems, and Lake Elwell Project Account of the Trust Fund established under section 11012(b)(3), $110,628,407; and (iv) in the Fort Belknap Indian Irrigation Project System Account of the Implementation Fund established under section 11013(b)(1), $228,707,684. (B) Availability Amounts deposited in the accounts under subparagraph (A) shall be available without further appropriation. (3) State cost share The State shall contribute $5,000,000, plus any earned interest, payable to the Secretary for deposit in the Fort Belknap Indian Community Tribal Irrigation and Other Water Resources Development Account of the Trust Fund established under section 11012(b)(1) on approval of a final decree by the Montana Water Court for the purpose of activities relating to the Upper Peoples Creek Dam and Reservoir under subparagraphs (A) through (C) of section 11012(g)(1). (b) Fluctuation in costs (1) In general The amounts authorized to be appropriated under paragraphs (1) and (2) of subsection (a) and this subsection shall be— (A) increased or decreased, as appropriate, by such amounts as may be justified by reason of ordinary fluctuations in costs occurring after the date of enactment of this Act as indicated by the Bureau of Reclamation Construction Cost Index—Composite Trend; and (B) adjusted to address construction cost changes necessary to account for unforeseen market volatility that may not otherwise be captured by engineering cost indices as determined by the Secretary, including repricing applicable to the types of construction and current industry standards involved. (2) Repetition The adjustment process under paragraph (1) shall be repeated for each subsequent amount appropriated until the amount authorized to be appropriated under subsection (a), as adjusted, has been appropriated. (3) Period of indexing (A) Trust fund With respect to the Trust Fund, the period of indexing adjustment under paragraph (1) for any increment of funding shall end on the date on which the funds are deposited into the Trust Fund. (B) Implementation fund With respect to the Implementation Fund, the period of adjustment under paragraph (1) for any increment of funding shall be annually. 11015. Miscellaneous provisions (a) Waiver of sovereign immunity by the united states Except as provided in subsections (a) through (c) of section 208 of the Department of Justice Appropriation Act, 1953 ( 43 U.S.C. 666 (b) Other tribes not adversely affected Nothing in this division quantifies or diminishes any land or water right, or any claim or entitlement to land or water, of an Indian Tribe, band, or community other than the Fort Belknap Indian Community. (c) Elimination of debts or liens against allotments of the fort belknap indian community members within the fort belknap indian irrigation project On the date of enactment of this Act, the Secretary shall cancel and eliminate all debts or liens against the allotments of land held by the Fort Belknap Indian Community and the members of the Fort Belknap Indian Community due to construction assessments and annual operation and maintenance charges relating to the Fort Belknap Indian Irrigation Project. (d) Effect on current law Nothing in this division affects any provision of law (including regulations) in effect on the day before the date of enactment of this Act with respect to pre-enforcement review of any Federal environmental enforcement action. (e) Effect on reclamation laws The activities carried out by the Commissioner under this division shall not establish a precedent or impact the authority provided under any other provision of the reclamation laws, including— (1) the Reclamation Rural Water Supply Act of 2006 ( 43 U.S.C. 2401 et seq. (2) the Omnibus Public Land Management Act of 2009 ( Public Law 111–11 (f) Additional funding Nothing in this division prohibits the Fort Belknap Indian Community from seeking— (1) additional funds for Tribal programs or purposes; or (2) funding from the United States or the State based on the status of the Fort Belknap Indian Community as an Indian Tribe. (g) Rights under state law Except as provided in section 1 of Article III of the Compact (relating to the closing of certain water basins in the State to new appropriations in accordance with the laws of the State), nothing in this division or the Compact precludes the acquisition or exercise of a right arising under State law (as defined in section 6 of Article II of the Compact) to the use of water by the Fort Belknap Indian Community, or a member or allottee of the Fort Belknap Indian Community, outside the Reservation by— (1) purchase of the right; or (2) submitting to the State an application in accordance with State law. (h) Water storage and importation Nothing in this division or the Compact prevents the Fort Belknap Indian Community from participating in any project to import water to, or to add storage in, the Milk River Basin. 11016. Antideficiency The United States shall not be liable for any failure to carry out any obligation or activity authorized by this division, including any obligation or activity under the Compact, if— (1) adequate appropriations are not provided by Congress expressly to carry out the purposes of this division; or (2) there are not enough funds available in the Reclamation Water Settlements Fund established by section 10501(a) of the Omnibus Public Land Management Act of 2009 ( 43 U.S.C. 407(a) L Committee on Homeland Security and Governmental Affairs LXIX Federal data and information security A Federal Data Center Enhancement Act of 2023 11001. Short title This subtitle may be cited as the Federal Data Center Enhancement Act of 2023 11002. Federal Data Center Consolidation Initiative Amendments (a) Findings Congress finds the following: (1) The statutory authorization for the Federal Data Center Optimization Initiative under section 834 of the Carl Levin and Howard P. Buck 44 U.S.C. 3601 Public Law 113–291 (2) The expiration of the authorization described in paragraph (1) presents Congress with an opportunity to review the objectives of the Federal Data Center Optimization Initiative to ensure that the initiative is meeting the current needs of the Federal Government. (3) The initial focus of the Federal Data Center Optimization Initiative, which was to consolidate data centers and create new efficiencies, has resulted in, since 2010— (A) the consolidation of more than 6,000 Federal data centers; and (B) cost savings and avoidance of $5,800,000,000. (4) The need of the Federal Government for access to data and data processing systems has evolved since the date of enactment in 2014 of subtitle D of title VIII of the Carl Levin and Howard P. Buck (5) Federal agencies and employees involved in mission critical functions increasingly need reliable access to secure, reliable, and protected facilities to house mission critical data and data operations to meet the immediate needs of the people of the United States. (6) As of the date of enactment of this subtitle, there is a growing need for Federal agencies to use data centers and cloud applications that meet high standards for cybersecurity, resiliency, and availability. (b) Minimum requirements for new data centers Section 834 of the Carl Levin and Howard P. Buck 44 U.S.C. 3601 Public Law 113–291 (1) in subsection (a), by striking paragraphs (3) and (4) and inserting the following: (3) New data center The term new data center (A) (i) a data center or a portion thereof that is owned, operated, or maintained by a covered agency; or (ii) to the extent practicable, a data center or portion thereof— (I) that is owned, operated, or maintained by a contractor on behalf of a covered agency on the date on which the contract between the covered agency and the contractor expires; and (II) with respect to which the covered agency extends the contract, or enters into a new contract, with the contractor; and (B) on or after the date that is 180 days after the date of enactment of the Federal Data Center Enhancement Act of 2023, a data center or portion thereof that is— (i) established; or (ii) substantially upgraded or expanded. ; (2) by striking subsection (b) and inserting the following: (b) Minimum requirements for new data centers (1) In general Not later than 180 days after the date of enactment of the Federal Data Center Enhancement Act of 2023, the Administrator shall establish minimum requirements for new data centers in consultation with the Administrator of General Services and the Federal Chief Information Officers Council. (2) Contents (A) In general The minimum requirements established under paragraph (1) shall include requirements relating to— (i) the availability of new data centers; (ii) the use of new data centers; (iii) uptime percentage; (iv) protections against power failures, including on-site energy generation and access to multiple transmission paths; (v) protections against physical intrusions and natural disasters; (vi) information security protections required by subchapter II of chapter 35 (vii) any other requirements the Administrator determines appropriate. (B) Consultation In establishing the requirements described in subparagraph (A)(vi), the Administrator shall consult with the Director of the Cybersecurity and Infrastructure Security Agency and the National Cyber Director. (3) Incorporation of minimum requirements into current data centers As soon as practicable, and in any case not later than 90 days after the Administrator establishes the minimum requirements pursuant to paragraph (1), the Administrator shall issue guidance to ensure, as appropriate, that covered agencies incorporate the minimum requirements established under that paragraph into the operations of any data center of a covered agency existing as of the date of enactment of the Federal Data Center Enhancement Act of 2023. (4) Review of requirements The Administrator, in consultation with the Administrator of General Services and the Federal Chief Information Officers Council, shall review, update, and modify the minimum requirements established under paragraph (1), as necessary. (5) Report on new data centers During the development and planning lifecycle of a new data center, if the head of a covered agency determines that the covered agency is likely to make a management or financial decision relating to any data center, the head of the covered agency shall— (A) notify— (i) the Administrator; (ii) Committee on Homeland Security and Governmental Affairs of the Senate (iii) Committee on Oversight and Accountability of the House of Representatives (B) describe in the notification with sufficient detail how the covered agency intends to comply with the minimum requirements established under paragraph (1). (6) Use of technology In determining whether to establish or continue to operate an existing data center, the head of a covered agency shall— (A) regularly assess the application portfolio of the covered agency and ensure that each at-risk legacy application is updated, replaced, or modernized, as appropriate, to take advantage of modern technologies; and (B) prioritize and, to the greatest extent possible, leverage commercial cloud environments rather than acquiring, overseeing, or managing custom data center infrastructure. (7) Public website (A) In general The Administrator shall maintain a public-facing website that includes information, data, and explanatory statements relating to the compliance of covered agencies with the requirements of this section. (B) Processes and procedures In maintaining the website described in subparagraph (A), the Administrator shall— (i) ensure covered agencies regularly, and not less frequently than biannually, update the information, data, and explanatory statements posed on the website, pursuant to guidance issued by the Administrator, relating to any new data centers and, as appropriate, each existing data center of the covered agency; and (ii) ensure that all information, data, and explanatory statements on the website are maintained as open Government data assets. ; and (3) in subsection (c), by striking paragraph (1) and inserting the following: (1) In general The head of a covered agency shall oversee and manage the data center portfolio and the information technology strategy of the covered agency in accordance with Federal cybersecurity guidelines and directives, including— (A) information security standards and guidelines promulgated by the Director of the National Institute of Standards and Technology; (B) applicable requirements and guidance issued by the Director of the Office of Management and Budget pursuant to section 3614 of title 44, United States Code; and (C) directives issued by the Secretary of Homeland Security under section 3553 of title 44, United States Code. . (c) Extension of sunset Section 834(e) of the Carl Levin and Howard P. Buck 44 U.S.C. 3601 Public Law 113–291 2022 2026 (d) GAO review Not later than 1 year after the date of the enactment of this subtitle, and annually thereafter, the Comptroller General of the United States shall review, verify, and audit the compliance of covered agencies with the minimum requirements established pursuant to section 834(b)(1) of the Carl Levin and Howard P. Buck 44 U.S.C. 3601 Public Law 113–291 LXX Stemming the Flow of Illicit Narcotics A Enhancing DHS Drug Seizures Act 11101. Short title This subtitle may be cited as the Enhancing DHS Drug Seizures Act 11102. Coordination and information sharing (a) Public-private partnerships (1) Strategy Not later than 180 days after the date of enactment of this Act, the Secretary of Homeland Security shall develop a strategy to strengthen existing and establish new public-private partnerships with shipping, chemical, and pharmaceutical industries to assist with early detection and interdiction of illicit drugs and precursor chemicals. (2) Contents The strategy required under paragraph (1) shall contain goals and objectives for employees of the Department of Homeland Security to ensure the tactics, techniques, and procedures gained from the public-private partnerships described in paragraph (1) are included in policies, best practices, and training for the Department. (3) Implementation plan Not later than 180 days after developing the strategy required under paragraph (1), the Secretary of Homeland Security shall develop an implementation plan for the strategy, which shall outline departmental lead and support roles, responsibilities, programs, and timelines for accomplishing the goals and objectives of the strategy. (4) Briefing The Secretary of Homeland Security shall provide annual briefings to the Committee on Homeland Security and Governmental Affairs of the Senate Committee on Homeland Security of the House of Representatives (b) Assessment of drug task forces (1) In general The Secretary of Homeland Security shall conduct an assessment of the counterdrug task forces in which the Department of Homeland Security, including components of the Department, participates in or leads, which shall include— (A) areas of potential overlap; (B) opportunities for sharing information and best practices; (C) how the Department’s processes for ensuring accountability and transparency in its vetting and oversight of partner agency task force members align with best practices; and (D) corrective action plans for any capability limitations and deficient or negative findings identified in the report for any such task forces led by the Department. (2) Coordination In conducting the assessment required under paragraph (1), with respect to counterdrug task forces that include foreign partners, the Secretary of Homeland Security shall coordinate with the Secretary of State. (3) Report (A) In general Not later than 180 days after the date of enactment of this Act, the Secretary of Homeland Security shall submit a report to the Committee on Homeland Security and Governmental Affairs of the Senate Committee on Homeland Security of the House of Representatives (B) Foreign partners If the report submitted under subparagraph (A) includes information about counterdrug forces that include foreign partners, the Secretary of Homeland Security shall submit the report to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives. (4) Corrective action plan The Secretary of Homeland Security shall— (A) implement the corrective action plans described in paragraph (1)(D) immediately after the submission of the report pursuant to paragraph (2); and (B) provide annual briefings to the Committee on Homeland Security and Governmental Affairs of the Senate Committee on Homeland Security of the House of Representatives (c) Combination of briefings The Secretary of Homeland Security may combine the briefings required under subsections (a)(4) and (b)(3)(B) and provide such combined briefings through fiscal year 2026. 11103. Danger pay for Department of Homeland Security personnel deployed abroad (a) In general Subtitle H of title VIII of the Homeland Security Act of 2002 ( 6 U.S.C. 451 et seq. 881A. Danger pay allowance (a) Authorization An employee of the Department, while stationed in a foreign area, may be granted a danger pay allowance, not to exceed 35 percent of the basic pay of such employee, for any period during which such foreign area experiences a civil insurrection, a civil war, ongoing terrorist acts, or wartime conditions that threaten physical harm or imminent danger to the health or well-being of such employee. (b) Notice Before granting or terminating a danger pay allowance to any employee pursuant to subsection (a), the Secretary, after consultation with the Secretary of State, shall notify the Committee on Homeland Security and Governmental Affairs of the Senate Committee on Foreign Relations of the Senate Committee on Homeland Security of the House of Representatives Committee on Foreign Affairs of the House of Representatives (1) the intent to make such payments and the circumstances justifying such payments; or (2) the intent to terminate such payments and the circumstances justifying such termination. . 11104. Improving training to foreign-vetted law enforcement or national security units The Secretary of Homeland Security, or the designee of the Secretary, may, with the concurrence of the Secretary of State, provide training to foreign-vetted law enforcement or national security units and may waive reimbursement for salary expenses of such Department of Homeland Security personnel, in accordance with an agreement with the Department of Defense pursuant to section 1535 of title 31, United States Code. 11105. Enhancing the operations of U.S. Customs and Border Protection in foreign countries Section 411(f) of the Homeland Security Act of 2002 ( 6 U.S.C. 211(f) (1) by redesignating paragraph (4) as paragraph (5); and (2) by inserting after paragraph (3) the following: (4) Permissible activities (A) In general Employees of U.S. Customs and Border Protection and other customs officers designated in accordance with the authorities granted to officers and agents of Air and Marine Operations may, with the concurrence of the Secretary of State, provide the support described in subparagraph (B) to authorities of the government of a foreign country if an arrangement has been entered into between the Government of the United States and the government of such country that permits such support by such employees and officers. (B) Support described The support described in this subparagraph is support for— (i) the monitoring, locating, tracking, and deterrence of— (I) illegal drugs to the United States; (II) the illicit smuggling of persons and goods into the United States; (III) terrorist threats to the United States; and (IV) other threats to the security or economy of the United States; (ii) emergency humanitarian efforts; and (iii) law enforcement capacity-building efforts. (C) Payment of claims (i) In general Subject to clauses (ii) and (iv), the Secretary, with the concurrence of the Secretary of State, may expend funds that have been appropriated or otherwise made available for the operating expenses of the Department to pay claims for money damages against the United States, in accordance with the first paragraph of section 2672 of title 28, United States Code, which arise in a foreign country in connection with U.S. Customs and Border Protection operations in such country. (ii) Submission deadline A claim may be allowed under clause (i) only if it is presented not later than 2 years after it accrues. (iii) Report Not later than 90 days after the date on which the expenditure authority under clause (i) expires pursuant to clause (iv), the Secretary shall submit a report to the Committee on Homeland Security and Governmental Affairs and the Committee on Foreign Relations of the Senate and the Committee on Homeland Security and Committee on Foreign Affairs of the House of Representatives that describes, for each of the payments made pursuant to clause (i)— (I) the foreign entity that received such payment; (II) the amount paid to such foreign entity; (III) the country in which such foreign entity resides or has its principal place of business; and (IV) a detailed account of the circumstances justify such payment. (iv) Sunset The expenditure authority under clause (i) shall expire on the date that is 5 years after the date of the enactment of the Enhancing DHS Drug Seizures Act. . 11106. Drug seizure data improvement (a) Study Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security shall conduct a study to identify any opportunities for improving drug seizure data collection. (b) Elements The study required under subsection (a) shall— (1) include a survey of the entities that use drug seizure data; and (2) address— (A) any additional data fields or drug type categories that should be added to U.S. Customs and Border Protection’s SEACATS, U.S. Border Patrol's e3 portal, and any other systems deemed appropriate by the Commissioner of U.S. Customs and Border Protection, in accordance with the first recommendation in the Government Accountability Office's report GAO–22–104725, entitled Border Security: CBP Could Improve How It Categorizes Drug Seizure Data and Evaluates Training (B) how all the Department of Homeland Security components that collect drug seizure data can standardize their data collection efforts and deconflict drug seizure reporting; (C) how the Department of Homeland Security can better identify, collect, and analyze additional data on precursor chemicals, synthetic drugs, novel psychoactive substances, and analogues that have been seized by U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement; and (D) how the Department of Homeland Security can improve its model of anticipated drug flow into the United States. (c) Implementation of findings Following the completion of the study required under subsection (a)— (1) the Secretary of Homeland Security, in accordance with the Office of National Drug Control Policy’s 2022 National Drug Control Strategy, shall modify Department of Homeland Security drug seizure policies and training programs, as appropriate, consistent with the findings of such study; and (2) the Commissioner of U.S. Customs and Border Protection, in consultation with the Director of U.S. Immigration and Customs Enforcement, shall make any necessary updates to relevant systems to include the results of confirmatory drug testing results. 11107. Drug performance measures Not later than 180 days after the date of enactment of this Act, the Secretary of Homeland Security shall develop and implement a plan to ensure that components of the Department of Homeland Security develop and maintain outcome-based performance measures that adequately assess the success of drug interdiction efforts and how to utilize the existing drug-related metrics and performance measures to achieve the missions, goals, and targets of the Department. 11108. Penalties for hindering immigration, border, and customs controls (a) Personnel and structures Title II of the Immigration and Nationality Act ( 8 U.S.C. 1151 et seq. 274E. Destroying or evading border controls (a) In general It shall be unlawful to knowingly and without lawful authorization— (1) (A) destroy or significantly damage any fence, barrier, sensor, camera, or other physical or electronic device deployed by the Federal Government to control an international border of, or a port of entry to, the United States; or (B) otherwise construct, excavate, or make any structure intended to defeat, circumvent or evade such a fence, barrier, sensor camera, or other physical or electronic device deployed by the Federal Government to control an international border of, or a port of entry to, the United States; and (2) in carrying out an act described in paragraph (1), have the intent to knowingly and willfully— (A) secure a financial gain; (B) further the objectives of a criminal organization; and (C) violate— (i) section 274(a)(1)(A)(i); (ii) the customs and trade laws of the United States (as defined in section 2(4) of the Trade Facilitation and Trade Enforcement Act of 2015 ( Public Law 114–125 (iii) any other Federal law relating to transporting controlled substances, agriculture, or monetary instruments into the United States; or (iv) any Federal law relating to border controls measures of the United States. (b) Penalty Any person who violates subsection (a) shall be fined under title 18, United States Code, imprisoned for not more than 5 years, or both. . (b) Clerical amendment The table of contents for the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. Sec. 274E. Destroying or evading border controls. . B Non-Intrusive Inspection Expansion Act 11111. Short title This subtitle may be cited as the Non-Intrusive Inspection Expansion Act 11112. Use of non-intrusive inspection systems at land ports of entry (a) Fiscal year 2026 Using non-intrusive inspection systems acquired through previous appropriations Acts, beginning not later than September 30, 2026, U.S. Customs and Border Protection shall use non-intrusive inspection systems at land ports of entry to scan, cumulatively, at ports of entry where systems are in place by the deadline, not fewer than— (1) 40 percent of passenger vehicles entering the United States; and (2) 90 percent of commercial vehicles entering the United States. (b) Subsequent fiscal years Beginning in fiscal year 2027, 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. (c) Briefing Not later than May 30, 2026, the Commissioner of U.S. Customs and Border Protection shall brief the Committee on Homeland Security and Governmental Affairs of the Senate Committee on Homeland Security of the House of Representatives (d) Report If the scanning benchmarks described in subsection (a) are not met by the end of fiscal year 2026, 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 Committee on Homeland Security of the House of Representatives (1) analyzes the causes for not meeting such requirements; (2) identifies any resource gaps and challenges; and (3) details the steps that will be taken to ensure compliance with such requirements in the subsequent fiscal year. 11113. Non-intrusive inspection systems for outbound inspections (a) Strategy Not later than 180 days after the date of the enactment of this Act, the Commissioner of U.S. Customs and Border Protection shall submit a strategy to the Committee on Homeland Security and Governmental Affairs of the Senate Committee on Homeland Security of the House of Representatives (1) the number of existing and planned outbound inspection lanes at each port of entry; (2) infrastructure limitations that limit the ability of U.S. Customs and Border Protection to deploy non-intrusive inspection systems for outbound inspections; (3) the number of additional non-intrusive inspection systems that are necessary to increase scanning capacity for outbound inspections; and (4) plans for funding and acquiring the systems described in paragraph (3). (b) Implementation Beginning not later than September 30, 2026, U.S. Customs and Border Protection shall use non-intrusive inspection systems at land ports of entry to scan not fewer than 10 percent of all vehicles exiting the United States through land ports of entry. 11114. GAO review and report (a) Review (1) In general The Comptroller General of the United States shall conduct a review of the use by U.S. Customs and Border Protection of non-intrusive inspection systems for border security. (2) Elements The review required under paragraph (1) shall— (A) identify— (i) the number and types of non-intrusive inspection systems deployed by U.S. Customs and Border Protection; and (ii) the locations to which such systems have been deployed; and (B) examine the manner in which U.S. Customs and Border Protection— (i) assesses the effectiveness of such systems; and (ii) uses such systems in conjunction with other border security resources and assets, such as border barriers and technology, to detect and interdict drug smuggling and trafficking at the southwest border of the United States. (b) Report Not later than 2 years after the date of the enactment of this Act, the Comptroller General shall submit a report to the Committee on Homeland Security and Governmental Affairs of the Senate Committee on Homeland Security of the House of Representatives C Securing America's Ports of Entry Act of 2023 11121. Short title This subtitle may be cited as the Securing America's Ports of Entry Act of 2023 11122. Additional U.S. Customs and Border Protection personnel (a) Officers Subject to appropriations, the Commissioner of U.S. Customs and Border Protection shall hire, train, and assign not fewer than 600 new U.S. Customs and Border Protection officers above the current attrition level during every fiscal year until the total number of U.S. Customs and Border Protection officers equals and sustains the requirements identified each year in the Workload Staffing Model. (b) Support staff The Commissioner is authorized to hire, train, and assign support staff, including technicians and Enterprise Services mission support, to perform non-law enforcement administrative functions to support the new U.S. Customs and Border Protection officers hired pursuant to subsection (a). (c) Traffic forecasts In calculating the number of U.S. Customs and Border Protection officers needed at each port of entry through the Workload Staffing Model, the Commissioner shall— (1) rely on data collected regarding the inspections and other activities conducted at each such port of entry; (2) consider volume from seasonal surges, other projected changes in commercial and passenger volumes, the most current commercial forecasts, and other relevant information; (3) consider historical volume and forecasts prior to the COVID–19 pandemic and the impact on international travel; and (4) incorporate personnel requirements for increasing the rate of outbound inspection operations at land ports of entry. (d) GAO report If the Commissioner does not hire the 600 additional U.S. Customs and Border Protection officers authorized under subsection (a) during fiscal year 2024, or during any subsequent fiscal year in which the hiring requirements set forth in the Workload Staffing Model have not been achieved, the Comptroller General of the United States shall— (1) conduct a review of U.S. Customs and Border Protection hiring practices to determine the reasons that such requirements were not achieved and other issues related to hiring by U.S. Customs and Border Protection; and (2) submit a report to the Committee on Homeland Security and Governmental Affairs of the Senate Committee on Finance of the Senate Committee on Homeland Security of the House of Representatives Committee on Ways and Means of the House of Representatives 11123. Ports of entry infrastructure enhancement report Not later than 90 days after the date of the enactment of this Act, 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 Committee on Finance of the Senate Committee on Homeland Security of the House of Representatives Committee on Ways and Means of the House of Representatives (1) infrastructure improvements at ports of entry that would enhance the ability of U.S. Customs and Border Protection officers to interdict opioids and other drugs that are being illegally transported into the United States, including a description of circumstances at specific ports of entry that prevent the deployment of technology used at other ports of entry; (2) detection equipment that would improve the ability of such officers to identify opioids, including precursors and derivatives, that are being illegally transported into the United States; and (3) safety equipment that would protect such officers from accidental exposure to such drugs or other dangers associated with the inspection of potential drug traffickers. 11124. Reporting requirements (a) Temporary duty assignments (1) Quarterly report The Commissioner of U.S. Customs and Border Protection shall submit a quarterly report to the appropriate congressional committees that includes, for the reporting period— (A) the number of temporary duty assignments; (B) the number of U.S. Customs and Border Protection officers required for each temporary duty assignment; (C) the ports of entry from which such officers were reassigned; (D) the ports of entry to which such officers were reassigned; (E) the ports of entry at which reimbursable service agreements have been entered into that may be affected by temporary duty assignments; (F) the duration of each temporary duty assignment; (G) the cost of each temporary duty assignment; and (H) the extent to which the temporary duty assignments within the reporting period were in support of the other U.S. Customs and Border Protection activities or operations along the southern border of the United States, including the specific costs associated with such temporary duty assignments. (2) Notice Not later than 10 days before redeploying employees from 1 port of entry to another, absent emergency circumstances— (A) the Commissioner shall notify the director of the port of entry from which employees will be reassigned of the intended redeployments; and (B) the port director shall notify impacted facilities (including airports, seaports, and land ports) of the intended redeployments. (3) Staff briefing The Commissioner shall brief all affected U.S. Customs and Border Protection employees regarding plans to mitigate vulnerabilities created by any planned staffing reductions at ports of entry. (b) Reports on U.S. Customs and Border Protection agreements Section 907(a) of the Trade Facilitation and Trade Enforcement Act of 2015 ( 19 U.S.C. 4451(a) (1) in paragraph (3), by striking and an assessment (2) by redesignating paragraphs (4) through (12) as paragraphs (5) through (13), respectively; (3) by inserting after paragraph (3) the following: (4) A description of the factors that were considered before entering into the agreement, including an assessment of how the agreement provides economic benefits and security benefits (if applicable) at the port of entry to which the agreement relates. ; and (4) in paragraph (5), as redesignated by paragraph (2), by inserting after the report , including the locations of such services and the total hours of reimbursable services under the agreement, if any (c) Annual workload staffing model report As part of the Annual Report on Staffing required under section 411(g)(5)(A) of the Homeland Security Act of 2002 ( 6 U.S.C. 211(g)(5)(A) (1) information concerning the progress made toward meeting the U.S. Customs and Border Protection officer and support staff hiring targets set forth in section 2, while accounting for attrition; (2) an update to the information provided in the Resource Optimization at the Ports of Entry report, which was submitted to Congress on September 12, 2017, pursuant to the Department of Homeland Security Appropriations Act, 2017 (division F of Public Law 115–31 (3) a summary of the information included in the reports required under subsection (a) and section 907(a) of the Trade Facilitation and Trade Enforcement Act of 2015, as amended by subsection (b). (d) CBP One mobile application During the 2-year period beginning on the date of the enactment of this Act, the Commissioner of U.S. Customs and Border Protection shall publish a monthly report on the use of the CBP One mobile application, including, with respect to each reporting period— (1) the number of application registration attempts made through CBP One pursuant to the Circumvention of Lawful Pathways final rule (88 Fed. Reg. 31314 (May 16, 2023)) that resulted in a system error, disaggregated by error type; (2) the total number of noncitizens who successfully registered appointments through CBP One pursuant to such rule; (3) the total number of appointments made through CBP One pursuant to such rule that went unused; (4) the total number of individuals who have been granted parole with a Notice to Appear subsequent to appointments scheduled for such individuals through CBP One pursuant to such rule; and (5) the total number of noncitizens who have been issued a Notice to Appear and have been transferred to U.S. Immigration and Customs Enforcement custody subsequent to appointments scheduled for such noncitizens through CBP One pursuant to such rule. (e) Defined term In this section, the term appropriate congressional committees (1) the Committee on Homeland Security and Governmental Affairs of the Senate (2) the Committee on Appropriations of the Senate (3) the Committee on Finance of the Senate (4) the Committee on Homeland Security of the House of Representatives (5) the Committee on Appropriations of the House of Representatives (6) the Committee on Ways and Means of the House of Representatives. 11125. Authorization of appropriations There is authorized to be appropriated to carry out this subtitle— (1) $136,292,948 for fiscal year 2024; and (2) $156,918,590 for each of the fiscal years 2025 through 2029. D Border Patrol Enhancement Act 11131. Short title This subtitle may be cited as the Border Patrol Enhancement Act 11132. Authorized staffing level for the United States Border Patrol (a) Defined term In this subtitle, the term validated personnel requirements determination model (b) United States Border Patrol personnel requirements determination model (1) Completion; notice Not later than 180 days after the date of the enactment of this Act, the Commissioner shall complete a personnel requirements determination model for United States Border Patrol that builds on the 5-year United States Border Patrol staffing and deployment plan referred to on page 33 of House of Representatives Report 112–91 (May 26, 2011) and submit a notice of completion to— (A) the Committee on Homeland Security and Governmental Affairs of the Senate (B) the Committee on Homeland Security of the House of Representatives (C) the Director of the Office of Personnel Management; and (D) the Comptroller General of the United States. (2) Certification Not later than 30 days after the completion of the personnel requirements determination model described in paragraph (1), the Commissioner shall submit a copy of such model, an explanation of its development, and a strategy for obtaining independent verification of such model, to— (A) the Committee on Homeland Security and Governmental Affairs of the Senate (B) the Committee on Homeland Security of the House of Representatives (C) the Office of Personnel Management; and (D) the Comptroller General of the United States. (c) Independent study of personnel requirements determination model (1) Requirement for study Not later than 90 days after the completion of the personnel requirements determination model pursuant to subsection (b)(1), the Secretary of Homeland Security shall select an entity that is technically, managerially, and financially independent from the Department of Homeland Security to conduct an independent verification and validation of the model. (2) Reports (A) To secretary Not later than 1 year after the completion of the personnel requirements determination model under subsection (b)(1), the entity performing the independent verification and validation of the model shall submit a report to the Secretary of Homeland Security that includes— (i) the results of the study conducted pursuant to paragraph (1); and (ii) any recommendations regarding the model that such entity considers to be appropriate. (B) To congress Not later than 30 days after receiving the report described in subparagraph (A), the Secretary of Homeland Security shall submit such report, along with any additional views or recommendations regarding the personnel requirements determination model, to the Committee on Homeland Security and Governmental Affairs of the Senate Committee on Homeland Security of the House of Representatives (d) Authority To hire additional personnel Beginning on the date that is 180 days after receiving a report from a qualified research entity pursuant to subsection (c)(2) that validates the personnel requirements determination model and after implementing any recommendations to improve or update such model, the Secretary of Homeland Security may hire, train, and assign 600 or more United States Border Patrol agents above the attrition level during every fiscal year until the number of active agents meets the level recommended by the validated personnel requirements determination model. 11133. Establishment of higher rates of regularly scheduled overtime pay for United States Border Patrol agents classified at GS–12 Section 5550 of title 5, United States Code, is amended by adding at the end the following: (h) Special overtime pay for GS–12 border patrol agents (1) In general Notwithstanding paragraphs (1)(F), (2)(C), and (3)(C) of subsection (b), a border patrol agent encumbering a position at grade GS–12 shall receive a special overtime payment under this subsection for hours of regularly scheduled work described in paragraph (2)(A)(ii) or (3)(A)(ii) of subsection (b), as applicable, that are credited to the agent through actual performance of work, crediting under rules for canine agents under subsection (b)(1)(F), or substitution of overtime hours in the same work period under subsection (f)(2)(A), except that no such payment may be made for periods of absence resulting in an hours obligation under paragraph (3) or (4) of subsection (f). (2) Computation The special overtime payment authorized under paragraph (1) shall be computed by multiplying the credited hours by 50 percent of the border patrol agent’s hourly rate of basic pay, rounded to the nearest cent. (3) Limitations The special overtime payment authorized under paragraph (1)— (A) is not considered basic pay for retirement under section 8331(3) or 8401(4) or for any other purpose; (B) is not payable during periods of paid leave or other paid time off; and (C) is not considered in computing an agent’s lump-sum annual leave payment under sections 5551 and 5552. . 11134. GAO assessment of recruiting efforts, hiring requirements, and retention of law enforcement personnel The Comptroller General of the United States shall— (1) conduct an assessment of U.S. Customs and Border Protection’s— (A) efforts to recruit law enforcement personnel; (B) hiring process and job requirements relating to such recruitment; and (C) retention of law enforcement personnel, including the impact of employee compensation on such retention efforts; and (2) not later than 2 years after the date of the enactment of this Act, submit a report containing the results of such assessment to— (A) the Committee on Homeland Security and Governmental Affairs of the Senate (B) the Committee on Homeland Security of the House of Representatives 11135. Continuing training (a) In general The Commissioner shall require all United States Border Patrol agents and other employees or contracted employees designated by the Commissioner, to participate in annual continuing training to maintain and update their understanding of— (1) Department of Homeland Security policies, procedures, and guidelines; (2) the fundamentals of law, ethics, and professional conduct; (3) applicable Federal law and regulations; (4) precedential legal rulings, including Federal Circuit Court and United States Supreme Court opinions relating to the duty of care and treatment of persons in the custody of the United States Border Patrol that the Commissioner determines are relevant to active duty agents; (5) applicable migration trends that the Commissioner determines are relevant; (6) best practices for coordinating with community stakeholders; and (7) any other information that the Commissioner determines to be relevant to active duty agents. (b) Training subjects Continuing training under this subsection shall include training regarding— (1) non-lethal use of force policies available to United States Border Patrol agents and de-escalation strategies and methods; (2) identifying, screening, and responding to vulnerable populations, such as children, persons with diminished mental capacity, victims of human trafficking, pregnant mothers, victims of gender-based violence, victims of torture or abuse, and the acutely ill; (3) trends in transnational criminal organization activities that impact border security and migration; (4) policies, strategies, and programs— (A) to protect due process, the civil, human, and privacy rights of individuals, and the private property rights of land owners; (B) to reduce the number of migrant and agent deaths; and (C) to improve the safety of agents on patrol; (5) personal resilience; (6) anti-corruption and officer ethics training; (7) current migration trends, including updated cultural and societal issues of nations that are a significant source of migrants who are— (A) arriving at a United States port of entry to seek humanitarian protection; or (B) encountered at a United States international boundary while attempting to enter without inspection; (8) the impact of border security operations on natural resources and the environment, including strategies to limit the impact of border security operations on natural resources and the environment; (9) relevant cultural, societal, racial, and religious training, including cross-cultural communication skills; (10) training authorized under the Prison Rape Elimination Act of 2003 ( 42 U.S.C. 15601 et seq. (11) risk management and safety training that includes agency protocols for ensuring public safety, personal safety, and the safety of persons in the custody of the Department of Homeland Security; (12) non-lethal, self-defense training; and (13) any other training that meets the requirements to maintain and update the subjects identified in subsection (a). (c) Course requirements Courses offered under this section— (1) shall be administered by the United States Border Patrol, in consultation with the Federal Law Enforcement Training Center; and (2) shall be approved in advance by the Commissioner of U.S. Customs and Border Protection to ensure that such courses satisfy the requirements for training under this section. (d) Assessment Not later than 2 years after the date of the enactment of this Act, the Comptroller General of the United States shall submit a report to the Committee on Homeland Security and Governmental Affairs of the Senate Committee on Homeland Security of the House of Representatives (e) Frequency requirements Training offered as part of continuing education under this section shall include— (1) annual courses focusing on the curriculum described in paragraphs (1) through (6) of subsection (b); and (2) biannual courses focusing on curriculum described in paragraphs (7) through (12) of subsection (b). 11136. Reporting requirements (a) Recruitment and retention report The Comptroller General of the United States shall— (1) conduct a study of the recruitment and retention of female agents in the United States Border Patrol that examines— (A) the recruitment, application processes, training, promotion, and other aspects of employment for women in the United States Border Patrol; (B) the training, complaints system, and redress for sexual harassment and assault; and (C) additional issues related to recruitment and retention of female Border Patrol agents; and (2) not later than 1 year after the date of the enactment of this Act, submit a report containing the results of such study and recommendations for addressing any identified deficiencies or opportunities for improvement to— (A) the Commissioner of U.S. Customs and Border Protection; (B) the Committee on Homeland Security and Governmental Affairs of the Senate (C) the Committee on Homeland Security of the House of Representatives (b) Implementation report Not later than 90 days after receiving the recruitment and retention report required under subsection (a), the Commissioner shall submit a report to the Committee on Homeland Security and Governmental Affairs of the Senate Committee on Homeland Security of the House of Representatives E END FENTANYL Act 11141. Short titles This subtitle may be cited as the Eradicating Narcotic Drugs and Formulating Effective New Tools to Address National Yearly Losses of Life Act END FENTANYL Act 11142. Ensuring timely updates to U.S. Customs and Border Protection field manuals (a) In general Not less frequently than triennially, the Commissioner of U.S. Customs and Border Protection shall review and update, as necessary, the current policies and manuals of the Office of Field Operations related to inspections at ports of entry to ensure the uniform implementation of inspection practices that will effectively respond to technological and methodological changes designed to disguise illegal activity, such as the smuggling of drugs and humans, along the border. (b) Reporting requirement Shortly after each update required under subsection (a), 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 Committee on Homeland Security of the House of Representatives LXXI Improving Lobbying Disclosure Requirements A Lobbying Disclosure Improvement Act 11201. Short title This subtitle may be cited as the Lobbying Disclosure Improvement Act 11202. Registrant disclosure regarding foreign agent registration exemption Section 4(b) of the Lobbying Disclosure Act of 1995 ( 2 U.S.C. 1603(b) (1) in paragraph (6), by striking ; and (2) in paragraph (7), by striking the period at the end and inserting ; and (3) by adding at the end the following: (8) a statement as to whether the registrant is exempt under section 3(h) of the Foreign Agents Registration Act of 1938, as amended ( 22 U.S.C. 613(h) . B Disclosing Foreign Influence in Lobbying Act 11211. Short title This subtitle may be cited as the Disclosing Foreign Influence in Lobbying Act 11212. Clarification of contents of registration Section 4(b) of the Lobbying Disclosure Act of 1995 ( 2 U.S.C. 1603(b) section 11202 (1) in paragraph (8), as added by section 11202 ; and (2) by adding at the end the following: (9) notwithstanding paragraph (4), the name and address of each government of a foreign country (including any agency or subdivision of a government of a foreign country, such as a regional or municipal unit of government) and foreign political party, other than the client, that participates in the direction, planning, supervision, or control of any lobbying activities of the registrant. . LXXII Protecting Our Domestic Workforce and Supply Chain A Government-wide study relating to high-security leased space 11301. Government-wide study (a) Definitions In this section: (1) Administrator The term Administrator (2) Beneficial owner (A) In general The term beneficial owner (i) exercises substantial control over the covered entity; or (ii) owns or controls not less than 25 percent of the ownership interests of, or receives substantial economic benefits from the assets of, the covered entity. (B) Exclusions The term beneficial owner (i) a minor; (ii) a person acting as a nominee, intermediary, custodian, or agent on behalf of another person; (iii) a person acting solely as an employee of the covered entity and whose control over or economic benefits from the covered entity derives solely from the employment status of the person; (iv) a person whose only interest in the covered entity is through a right of inheritance, unless the person also meets the requirements of subparagraph (A); or (v) a creditor of the covered entity, unless the creditor also meets the requirements of subparagraph (A). (C) Anti-abuse rule The exclusions under subparagraph (B) shall not apply if, in the determination of the Administrator, an exclusion is used for the purpose of evading, circumventing, or abusing the requirements of this Act. (3) Control The term control (A) having the authority or ability to determine how the covered entity is utilized; or (B) having some decisionmaking power for the use of the covered entity. (4) Covered entity The term covered entity (A) a person, corporation, company, business association, partnership, society, trust, or any other nongovernmental entity, organization, or group; or (B) any governmental entity or instrumentality of a government. (5) Executive agency The term Executive agency (6) Federal agency The term Federal agency (A) an Executive agency; and (B) any establishment in the legislative or judicial branch of the Federal Government. (7) Federal lessee (A) In general The term Federal lessee (i) the Administrator; (ii) the Architect of the Capitol; and (iii) the head of any other Federal agency that has independent statutory leasing authority. (B) Exclusions The term Federal lessee (i) the head of an element of the intelligence community; or (ii) the Secretary of Defense. (8) Federal tenant (A) In general The term Federal tenant (B) Exclusion The term Federal tenant (9) Foreign entity The term foreign entity (A) a corporation, company, business association, partnership, society, trust, or any other nongovernmental entity, organization, or group that is headquartered in or organized under the laws of— (i) a country that is not the United States; or (ii) a State, unit of local government, or Indian Tribe that is not located within or a territory of the United States; or (B) a government or governmental instrumentality that is not— (i) the United States Government; or (ii) a State, unit of local government, or Indian Tribe that is located within or a territory of the United States. (10) Foreign person The term foreign person (11) High-security leased adjacent space The term high-security leased adjacent space (12) High-security leased space The term high-security leased space (A) will be occupied by Federal employees for nonmilitary activities; and (B) has a facility security level of III, IV, or V, as determined by the Federal tenant in consultation with the Interagency Security Committee, the Secretary of Homeland Security, and the Administrator. (13) Highest-level owner The term highest-level owner (A) an immediate owner of the offeror of a lease for a high-security leased adjacent space; or (B) 1 or more entities that control an immediate owner of the offeror of a lease described in subparagraph (A). (14) Immediate owner The term immediate owner (A) ownership or interlocking management; (B) identity of interests among family members; (C) shared facilities and equipment; and (D) the common use of employees. (15) Intelligence community The term intelligence community 50 U.S.C. 3003 (16) Substantial economic benefits The term substantial economic benefits (17) United states person The term United States person (A) is a citizen of the United States; or (B) is an alien lawfully admitted for permanent residence in the United States. (b) Government-wide study (1) Coordination study The Administrator, in coordination with the Director of the Federal Protective Service, the Secretary of Homeland Security, the Director of the Office of Management and Budget, and any other relevant entities, as determined by the Administrator, shall carry out a Government-wide study examining options to assist agencies (as defined in section 551 of title 5, United States Code) to produce a security assessment process for high-security leased adjacent space before entering into a lease or novation agreement with a covered entity for the purposes of accommodating a Federal tenant located in a high-security leased space. (2) Contents The study required under paragraph (1)— (A) shall evaluate how to produce a security assessment process that includes a process for assessing the threat level of each occupancy of a high-security leased adjacent space, including through— (i) site-visits; (ii) interviews; and (iii) any other relevant activities determined necessary by the Director of the Federal Protective Service; and (B) may include a process for collecting and using information on each immediate owner, highest-level owner, or beneficial owner of a covered entity that seeks to enter into a lease with a Federal lessee for a high-security leased adjacent space, including— (i) name; (ii) current residential or business street address; and (iii) an identifying number or document that verifies identity as a United States person, a foreign person, or a foreign entity. (3) Working group (A) In general Not later than 90 days after the date of enactment of this Act, the Administrator, in coordination with the Director of Federal Protective Service, the Secretary of Homeland Security, the Director of the Office of Management and Budget, and any other relevant entities, as determined by the Administrator, shall establish a working group to assist in the carrying out of the study required under paragraph (1). (B) No compensation A member of the working group established under subparagraph (A) shall receive no compensation as a result of serving on the working group. (C) Sunset The working group established under subparagraph (A) shall terminate on the date on which the report required under paragraph (6) is submitted. (4) Protection of information The Administrator shall ensure that any information collected pursuant to the study required under paragraph (1) shall not be made available to the public. (5) Limitation Nothing in this subsection requires an entity located in the United States to provide information requested pursuant to the study required under paragraph (1). (6) Report Not later than 2 years after the date of enactment of this Act, the Administrator, in coordination with the Director of Federal Protective Service, the Secretary of Homeland Security, the Director of the Office of Management and Budget, and any other relevant entities, as determined by the Administrator, shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report describing— (A) the results of the study required under paragraph (1); and (B) how all applicable privacy laws and rights relating to the First and Fourth Amendments to the Constitution of the United States would be upheld and followed in— (i) the security assessment process described in subparagraph (A) of paragraph (2); and (ii) the information collection process described in subparagraph (B) of that paragraph. (7) Limitation Nothing in this subsection authorizes a Federal entity to mandate information gathering unless specifically authorized by law. (8) Prohibition No information collected pursuant the security assessment process described in paragraph (2)(A) may be used for law enforcement purposes. (9) No additional funding No additional funds are authorized to be appropriated to carry out this subsection. B Intergovernmental Critical Minerals Task Force 11311. Short title This subtitle may be cited as the Intergovernmental Critical Minerals Task Force Act 11312. Findings Congress finds that— (1) current supply chains of critical minerals pose a great risk to the national security of the United States; (2) critical minerals are necessary for transportation, technology, renewable energy, military equipment and machinery, and other relevant sectors crucial for the homeland and national security of the United States; (3) in 2022, the United States was 100 percent import reliant for 12 out of 50 critical minerals and more than 50 percent import reliant for an additional 31 critical mineral commodities classified as critical (4) as of July, 2023, companies based in the People’s Republic of China that extract critical minerals around the world have received hundreds of charges of human rights violations; (5) on March 26, 2014, the World Trade Organization ruled that the export restraints by the People's Republic of China on rare earth metals violated obligations under the protocol of accession to the World Trade Organization, which harmed manufacturers and workers in the United States; and (6) the President has yet to submit to Congress the plans and recommendations that were due on the December 27, 2022, deadline under section 5(a) of the National Materials and Minerals Policy, Research and Development Act of 1980 ( 30 U.S.C. 1604(a) 11313. Intergovernmental critical minerals task force (a) In general Section 5 of the National Materials and Minerals Policy, Research and Development Act of 1980 ( 30 U.S.C. 1604 (g) Intergovernmental Critical Minerals Task Force (1) Purposes The purposes of the task force established under paragraph (3)(B) are— (A) to assess the reliance of the United States on the People's Republic of China, and other covered countries, for critical minerals, and the resulting national security risks associated with that reliance, at each level of the Federal Government, Indian Tribes, and State, local, and territorial governments; (B) to make recommendations to the President for the implementation of this Act with regard to critical minerals, including— (i) the congressional declarations of policies in section 3; and (ii) revisions to the program plan of the President and the initiatives required under this section; (C) to make recommendations to secure United States and global supply chains for critical minerals; (D) to make recommendations to reduce the reliance of the United States, and partners and allies of the United States, on critical mineral supply chains involving covered countries; and (E) to facilitate cooperation, coordination, and mutual accountability among each level of the Federal Government, Indian Tribes, and State, local, and territorial governments, on a holistic response to the dependence on covered countries for critical minerals across the United States. (2) Definitions In this subsection: (A) Appropriate committees of Congress The term appropriate committees of Congress (i) the Committees on Homeland Security and Governmental Affairs, Energy and Natural Resources, Armed Services, Environment and Public Works, Commerce, Science, and Transportation, Finance, and Foreign Relations of the Senate; and (ii) the Committees on Oversight and Accountability, Natural Resources, Armed Services, Ways and Means, and Foreign Affairs of the House of Representatives. (B) Chair The term Chair (C) Covered country The term covered country (i) a covered nation (as defined in section 4872(d) of title 10, United States Code); and (ii) any other country determined by the task force to be a geostrategic competitor or adversary of the United States with respect to critical minerals. (D) Critical mineral The term critical mineral 30 U.S.C. 1606(a) (E) Indian Tribe The term Indian Tribe 25 U.S.C. 5304 (F) Task force The term task force (3) Establishment Not later than 90 days after the date of enactment of this subsection, the President shall— (A) designate a Chair for the task force; and (B) acting through the Executive Office of the President, establish a task force. (4) Composition; meetings (A) Appointment The Chair, in consultation with key intergovernmental, private, and public sector stakeholders, shall appoint to the task force representatives with expertise in critical mineral supply chains from Federal agencies, Indian Tribes, and State, local, and territorial governments, including not less than 1 representative from each of— (i) the Bureau of Indian Affairs; (ii) the Bureau of Land Management; (iii) the Critical Minerals Subcommittee of the National Science and Technology Council; (iv) the Department of Agriculture; (v) the Department of Commerce; (vi) the Department of Defense; (vii) the Department of Energy; (viii) the Department of Homeland Security; (ix) the Department of the Interior; (x) the Department of Labor; (xi) the Department of State; (xii) the Department of Transportation; (xiii) the Environmental Protection Agency; (xiv) the Export-Import Bank of the United States; (xv) the Forest Service; (xvi) the General Services Administration; (xvii) the National Science Foundation; (xviii) the Office of the United States Trade Representative; (xix) the United States International Development Finance Corporation; (xx) the United States Geological Survey; and (xxi) any other relevant Federal entity, as determined by the Chair. (B) Consultation The task force shall consult individuals with expertise in critical mineral supply chains, individuals from States whose communities, businesses, and industries are involved in aspects of critical mineral supply chains, including mining and processing operations, and individuals from a diverse and balanced cross-section of— (i) intergovernmental consultees, including— (I) State governments; (II) local governments; (III) territorial governments; and (IV) Indian Tribes; and (ii) other stakeholders, including— (I) academic research institutions; (II) corporations; (III) nonprofit organizations; (IV) private sector stakeholders; (V) trade associations; (VI) mining industry stakeholders; and (VII) labor representatives. (C) Meetings (i) Initial meeting Not later than 90 days after the date on which all representatives of the task force have been appointed, the task force shall hold the first meeting of the task force. (ii) Frequency The task force shall meet not less than once every 90 days. (5) Duties (A) In general The duties of the task force shall include— (i) facilitating cooperation, coordination, and mutual accountability for the Federal Government, Indian Tribes, and State, local, and territorial governments to enhance data sharing and transparency to build more robust and secure domestic supply chains for critical minerals in support of the purposes described in paragraph (1); (ii) providing recommendations with respect to— (I) increasing capacities for mining, processing, refinement, reuse, and recycling of critical minerals in the United States to facilitate the environmentally responsible production of domestic resources to meet national critical mineral needs, in consultation with Tribal and local communities; (II) identifying how statutes, regulations, and policies related to the critical mineral supply chain, such as stockpiling and development finance, could be modified to accelerate environmentally responsible domestic and international production of critical minerals, in consultation with Indian Tribes and local communities; (III) strengthening the domestic workforce to support growing critical mineral supply chains with good-paying, safe jobs in the United States; (IV) identifying alternative domestic and global sources to critical minerals that the United States currently relies on the People’s Republic of China or other covered countries for mining, processing, refining, and recycling, including the availability, cost, and quality of those domestic alternatives; (V) identifying critical minerals and critical mineral supply chains that the United States can onshore, at a competitive availability, cost, and quality, for those minerals and supply chains that the United States relies on the People’s Republic of China or other covered countries to provide; (VI) opportunities for the Federal Government, Indian Tribes, and State, local, and territorial governments to mitigate risks to the national security of the United States with respect to supply chains for critical minerals that the United States currently relies on the People’s Republic of China or other covered countries for mining, processing, refining, and recycling; and (VII) evaluating and integrating the recommendations of the Critical Minerals Subcommittee of the National Science and Technology Council into the recommendations of the task force. (iii) prioritizing the recommendations in clause (ii), taking into consideration economic costs and focusing on the critical mineral supply chains with vulnerabilities posing the most significant risks to the national security of the United States; (iv) recommending specific strategies, to be carried out in coordination with the Secretary of State and the Secretary of Commerce, to strengthen international partnerships in furtherance of critical minerals supply chain security with international allies and partners, including a strategy to collaborate with governments of the allies and partners described in subparagraph (B) to develop advanced mining, refining, separation and processing technologies; and (v) other duties, as determined by the Chair. (B) Allies and partners The allies and partners referred to subparagraph (A) include— (i) countries participating in the Quadrilateral Security Dialogue; (ii) countries that are— (I) signatories to the Abraham Accords; or (II) participants in the Negev Forum; (iii) countries that are members of the North Atlantic Treaty Organization; and (iv) other countries or multilateral partnerships the task force determines to be appropriate. (C) Report The Chair shall— (i) not later than 60 days after the date of enactment of this subsection, and every 60 days thereafter until the requirements under subsection (a) are satisfied, brief the appropriate committees of Congress on the status of the compliance of the President with completing the requirements under that subsection. (ii) not later than 2 years after the date of enactment of this Act, submit to the appropriate committees of Congress a report, which shall be submitted in unclassified form, but may include a classified annex, that describes any findings, guidelines, and recommendations created in performing the duties under subparagraph (A); (iii) not later than 120 days after the date on which the Chair submits the report under clause (ii), publish that report in the Federal Register and on the website of the Office of Management and Budget, except that the Chair shall redact information from the report that the Chair determines could pose a risk to the national security of the United States by being publicly available; and (iv) brief the appropriate committees of Congress twice per year. (6) Sunset The task force shall terminate on the date that is 90 days after the date on which the task force completes the requirements under paragraph (5)(C). . (b) GAO study (1) Definition of critical minerals In this subsection, the term critical mineral 30 U.S.C. 1606(a) (2) Study required The Comptroller General of the United States shall conduct a study examining the Federal and State regulatory landscape related to improving domestic supply chains for critical minerals in the United States. (3) Report Not later than 18 months 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 that describes the results of the study under paragraph (2). C Customs Trade Partnership Against Terrorism Pilot Program Act of 2023 11321. Short title This subtitle may be cited as the Customs Trade Partnership Against Terrorism Pilot Program Act of 2023 CTPAT Pilot Program Act of 2023 11322. Definitions In this subtitle: (1) Appropriate congressional committees The term appropriate congressional committees (A) the Committee on Homeland Security and Governmental Affairs and the Committee on Finance of the Senate; and (B) the Committee on Homeland Security and the Committee on Ways and Means of the House of Representatives. (2) Ctpat The term CTPAT 6 U.S.C. 961 et seq. 11323. Pilot program on participation of third-party logistics providers in ctpat (a) Establishment (1) In general The Secretary of Homeland Security shall carry out a pilot program to assess whether allowing entities described in subsection (b) to participate in CTPAT would enhance port security, combat terrorism, prevent supply chain security breaches, or otherwise meet the goals of CTPAT. (2) Federal register notice Not later than one year after the date of the enactment of this Act, the Secretary shall publish in the Federal Register a notice specifying the requirements for the pilot program required by paragraph (1). (b) Entities described An entity described in this subsection is— (1) a non-asset-based third-party logistics provider that— (A) arranges international transportation of freight and is licensed by the Department of Transportation; and (B) meets such other requirements as the Secretary specifies in the Federal Register notice required by subsection (a)(2); or (2) an asset-based third-party logistics provider that— (A) facilitates cross border activity and is licensed or bonded by the Federal Maritime Commission, the Transportation Security Administration, U.S. Customs and Border Protection, or the Department of Transportation; (B) manages and executes logistics services using its own warehousing assets and resources on behalf of its customers; and (C) meets such other requirements as the Secretary specifies in the Federal Register notice required by subsection (a)(2). (c) Requirements In carrying out the pilot program required by subsection (a)(1), the Secretary shall— (1) ensure that— (A) not more than 10 entities described in paragraph (1) of subsection (b) participate in the pilot program; and (B) not more than 10 entities described in paragraph (2) of that subsection participate in the program; (2) provide for the participation of those entities on a voluntary basis; (3) continue the program for a period of not less than one year after the date on which the Secretary publishes the Federal Register notice required by subsection (a)(2); and (4) terminate the pilot program not more than 5 years after that date. (d) Report required Not later than 180 days after the termination of the pilot program under subsection (c)(4), the Secretary shall submit to the appropriate congressional committees a report on the findings of, and any recommendations arising from, the pilot program concerning the participation in CTPAT of entities described in subsection (b), including an assessment of participation by those entities. 11324. Report on effectiveness of CTPAT (a) In general Not later than 1 year after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the appropriate congressional committees a report assessing the effectiveness of CTPAT. (b) Elements The report required by subsection (a) shall include the following: (1) An analysis of— (A) security incidents in the cargo supply chain during the 5-year period preceding submission of the report that involved criminal activity, including drug trafficking, human smuggling, commercial fraud, or terrorist activity; and (B) whether those incidents involved participants in CTPAT or entities not participating in CTPAT. (2) An analysis of causes for the suspension or removal of entities from participating in CTPAT as a result of security incidents during that 5-year period. (3) An analysis of the number of active CTPAT participants involved in one or more security incidents while maintaining their status as participants. (4) Recommendations to the Commissioner of U.S. Customs and Border Protection for improvements to CTPAT to improve prevention of security incidents in the cargo supply chain involving participants in CTPAT. 11325. No additional funds authorized No additional funds are authorized to be appropriated for the purpose of carrying out this subtitle. D Military Spouse Employment Act 11331. Short title This subtitle may be cited as the Military Spouse Employment Act 11332. Appointment of military spouses Section 3330d of title 5, United States Code, is amended— (1) in subsection (a)— (A) by redesignating paragraph (3) as paragraph (4); (B) by inserting after paragraph (2) the following: (3) The term remote work ; and (C) by adding at the end the following: (5) The term telework ; (2) in subsection (b)— (A) in paragraph (1), by striking or (B) in paragraph (2), by striking the period at the end and inserting ; or (C) by adding at the end the following: (3) a spouse of a member of the Armed Forces on active duty, or a spouse of a disabled or deceased member of the Armed Forces, to a position in which the spouse will engage in remote work. ; and (3) in subsection (c)(1), by striking subsection (a)(3) subsection (a)(4) 11333. GAO study and report (a) Definitions In this section— (1) the terms agency (2) the term employee (3) the term remote work (4) the term telework (b) Requirement Not later than 18 months after the date of enactment of this Act, the Comptroller General of the United States shall conduct a study and publish a report regarding the use of remote work by agencies, which shall include a discussion of what is known regarding— (1) the number of employees who are engaging in remote work; (2) the role of remote work in agency recruitment and retention efforts; (3) the geographic location of employees who engage in remote work; (4) the effect that remote work has had on how often employees are reporting to officially established agency locations to perform the duties and responsibilities of the positions of those employees and other authorized activities; and (5) how the use of remote work has affected Federal office space utilization and spending. E Designation of airports 11341. Designation of additional port of entry for the importation and exportation of wildlife and wildlife products by the United States Fish and Wildlife Service (a) In general Subject to appropriations and in accordance with subsection (b), the Director of the United States Fish and Wildlife Service shall designate 1 additional port as a port of entry designated for the importation and exportation of wildlife and wildlife products (b) Criteria for selecting additional designated port The Director shall select the additional port to be designated pursuant to subsection (a) from among the United States airports that handled more than 8,000,000,000 pounds of cargo during 2021, as reported by the Federal Aviation Administration Air Carrier Activity Information System, and based upon the analysis submitted to Congress by the Director pursuant to the Wildlife Trafficking reporting directive under title I of Senate Report 114–281. M Intelligence Authorization Act for Fiscal Year 2024 1. Short title; table of contents (a) Short title This division may be cited as the Intelligence Authorization Act for Fiscal Year 2024 (b) Table of contents The table of contents for this division is as follows: DIVISION M—Intelligence Authorization Act for Fiscal Year 2024 Sec. 1. Short title; table of contents. Sec. 2. Definitions. TITLE I—Intelligence activities Sec. 101. Authorization of appropriations. Sec. 102. Classified Schedule of Authorizations. Sec. 103. Intelligence Community Management Account. Sec. 104. Increase in employee compensation and benefits authorized by law. TITLE II—Central Intelligence Agency retirement and disability system Sec. 201. Authorization of appropriations. TITLE III—Intelligence community matters Subtitle A—General intelligence community matters Sec. 301. Plan to recruit, train, and retain personnel with experience in financial intelligence and emerging technologies. Sec. 302. Policy and performance framework for mobility of intelligence community workforce. Sec. 303. In-State tuition rates for active duty members of the intelligence community. Sec. 304. Standards, criteria, and guidance for counterintelligence vulnerability assessments and surveys. Sec. 305. Improving administration of certain post-employment restrictions for intelligence community. Sec. 306. Mission of the National Counterintelligence and Security Center. Sec. 307. Prohibition relating to transport of individuals detained at United States Naval Station, Guantanamo Bay, Cuba. Sec. 308. Department of Energy science and technology risk assessments. Sec. 309. Congressional oversight of intelligence community risk assessments. Sec. 310. Inspector General review of dissemination by Federal Bureau of Investigation Richmond, Virginia, field office of certain document. Sec. 311. Office of Intelligence and Analysis. Subtitle B—Central Intelligence Agency Sec. 321. Change to penalties and increased availability of mental health treatment for unlawful conduct on Central Intelligence Agency installations. Sec. 322. Modifications to procurement authorities of the Central Intelligence Agency. Sec. 323. Establishment of Central Intelligence Agency standard workplace sexual misconduct complaint investigation procedure. TITLE IV—Matters concerning foreign countries Subtitle A—People’s Republic of China Sec. 401. Intelligence community coordinator for accountability of atrocities of the People's Republic of China. Sec. 402. Interagency working group and report on the malign efforts of the People's Republic of China in Africa. Sec. 403. Amendment to requirement for annual assessment by intelligence community working group for monitoring the economic and technological capabilities of the People's Republic of China. Sec. 404. Assessments of reciprocity in the relationship between the United States and the People’s Republic of China. Sec. 405. Annual briefing on intelligence community efforts to identify and mitigate Chinese Communist Party and Russian foreign malign influence operations against the United States. Sec. 406. Assessment of threat posed to United States ports by cranes manufactured by countries of concern. Subtitle B—Other foreign countries Sec. 411. Report on efforts to capture and detain United States citizens as hostages. Sec. 412. Sense of Congress on priority of fentanyl in National Intelligence Priorities Framework. TITLE V—Matters pertaining to United States economic and emerging technology competition with United States adversaries Subtitle A—General matters Sec. 501. Assignment of detailees from intelligence community to Department of Commerce. Subtitle B—Next-generation energy, biotechnology, and artificial intelligence Sec. 511. Expanded annual assessment of economic and technological capabilities of the People's Republic of China. Sec. 512. Assessment of using civil nuclear energy for intelligence community capabilities. Sec. 513. Policies established by Director of National Intelligence for artificial intelligence capabilities. TITLE VI—Whistleblower matters Sec. 601. Submittal to Congress of complaints and information by whistleblowers in the intelligence community. Sec. 602. Prohibition against disclosure of whistleblower identity as reprisal against whistleblower disclosure by employees and contractors in intelligence community. Sec. 603. Establishing process parity for adverse security clearance and access determinations. Sec. 604. Elimination of cap on compensatory damages for retaliatory revocation of security clearances and access determinations. Sec. 605. Modification and repeal of reporting requirements. TITLE VII—Classification reform Subtitle A—Classification Reform Act of 2023 Sec. 701. Short title. Sec. 702. Definitions. Sec. 703. Classification and declassification of information. Sec. 704. Transparency officers. Subtitle B—Sensible Classification Act of 2023 Sec. 711. Short title. Sec. 712. Definitions. Sec. 713. Findings and sense of the Senate. Sec. 714. Classification authority. Sec. 715. Promoting efficient declassification review. Sec. 716. Training to promote sensible classification. Sec. 717. Improvements to Public Interest Declassification Board. Sec. 718. Implementation of technology for classification and declassification. Sec. 719. Studies and recommendations on necessity of security clearances. TITLE VIII—Security clearance and trusted workforce Sec. 801. Review of shared information technology services for personnel vetting. Sec. 802. Timeliness standard for rendering determinations of trust for personnel vetting. Sec. 803. Annual report on personnel vetting trust determinations. Sec. 804. Survey to assess strengths and weaknesses of Trusted Workforce 2.0. Sec. 805. Prohibition on denial of eligibility for access to classified information solely because of past use of cannabis. TITLE IX—Anomalous health incidents Sec. 901. Improved funding flexibility for payments made by the Central Intelligence Agency for qualifying injuries to the brain. Sec. 902. Clarification of requirements to seek certain benefits relating to injuries to the brain. Sec. 903. Intelligence community implementation of HAVANA Act of 2021 authorities. Sec. 904. Report and briefing on Central Intelligence Agency handling of anomalous health incidents. TITLE X—Election security Sec. 1001. Strengthening Election Cybersecurity to Uphold Respect for Elections through Independent Testing Act of 2023. TITLE XI—Other matters Sec. 1101. Modification of reporting requirement for All-domain Anomaly Resolution Office. Sec. 1102. Funding limitations relating to unidentified anomalous phenomena. 2. Definitions In this Act: (1) Congressional intelligence committees The term congressional intelligence committees 50 U.S.C. 3003 (2) Intelligence community The term intelligence community I Intelligence activities 101. Authorization of appropriations Funds are hereby authorized to be appropriated for fiscal year 2024 for the conduct of the intelligence and intelligence-related activities of the Federal Government. 102. Classified Schedule of Authorizations (a) Specifications of amounts The amounts authorized to be appropriated under section 101 for the conduct of the intelligence activities of the Federal Government are those specified in the classified Schedule of Authorizations prepared to accompany this division. (b) Availability of classified Schedule of Authorizations (1) Availability The classified Schedule of Authorizations referred to in subsection (a) shall be made available to the Committee on Appropriations of the Senate, the Committee on Appropriations of the House of Representatives, and to the President. (2) Distribution by the President Subject to paragraph (3), the President shall provide for suitable distribution of the classified Schedule of Authorizations referred to in subsection (a), or of appropriate portions of such Schedule, within the executive branch of the Federal Government. (3) Limits on disclosure The President shall not publicly disclose the classified Schedule of Authorizations or any portion of such Schedule except— (A) as provided in section 601(a) of the Implementing Recommendations of the 9/11 Commission Act of 2007 ( 50 U.S.C. 3306(a) (B) to the extent necessary to implement the budget; or (C) as otherwise required by law. 103. Intelligence Community Management Account (a) Authorization of appropriations There is authorized to be appropriated for the Intelligence Community Management Account of the Director of National Intelligence for fiscal year 2024 the sum of $658,950,000. (b) Classified authorization of appropriations In addition to amounts authorized to be appropriated for the Intelligence Community Management Account by subsection (a), there are authorized to be appropriated for the Intelligence Community Management Account for fiscal year 2024 such additional amounts as are specified in the classified Schedule of Authorizations referred to in section 102(a). 104. Increase in employee compensation and benefits authorized by law Appropriations authorized by this division for salary, pay, retirement, and other benefits for Federal employees may be increased by such additional or supplemental amounts as may be necessary for increases in such compensation or benefits authorized by law. II Central Intelligence Agency retirement and disability system 201. Authorization of appropriations There is authorized to be appropriated for the Central Intelligence Agency Retirement and Disability Fund $514,000,000 for fiscal year 2024. III Intelligence community matters A General intelligence community matters 301. Plan to recruit, train, and retain personnel with experience in financial intelligence and emerging technologies (a) In general Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence, in coordination with the heads of human capital of the Central Intelligence Agency, the National Security Agency, and the Federal Bureau of Investigation, shall submit to the congressional intelligence committees, the Committee on Appropriations of the Senate, and the Committee on Appropriations of the House of Representatives a plan for the intelligence community to recruit, train, and retain personnel who have skills and experience in financial intelligence and emerging technologies in order to improve analytic tradecraft. (b) Elements The plan required by subsection (a) shall include the following elements: (1) An assessment, including measurable benchmarks of progress, of current initiatives of the intelligence community to recruit, train, and retain personnel who have skills and experience in financial intelligence and emerging technologies. (2) An assessment of whether personnel in the intelligence community who have such skills are currently well integrated into the analytical cadre of the relevant elements of the intelligence community that produce analyses with respect to financial intelligence and emerging technologies. (3) An identification of challenges to hiring or compensation in the intelligence community that limit progress toward rapidly increasing the number of personnel with such skills, and an identification of hiring or other reforms to resolve such challenges. (4) A determination of whether the National Intelligence University has the resources and expertise necessary to train existing personnel in financial intelligence and emerging technologies. (5) A strategy, including measurable benchmarks of progress, to, by January 1, 2025, increase by 10 percent the analytical cadre of personnel with expertise and previous employment in financial intelligence and emerging technologies. 302. Policy and performance framework for mobility of intelligence community workforce (a) In general Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence shall, in coordination with the Secretary of Defense and the Director of the Office of Personnel Management as the Director of National Intelligence considers appropriate, develop and implement a policy and performance framework to ensure the timely and effective mobility of employees and contractors of the Federal Government who are transferring employment between elements of the intelligence community. (b) Elements The policy and performance framework required by subsection (a) shall include processes with respect to the following: (1) Human resources. (2) Medical reviews. (3) Determinations of suitability or eligibility for access to classified information in accordance with Executive Order 13467 ( 50 U.S.C. 3161 303. In-State tuition rates for active duty members of the intelligence community (a) In general Section 135(d) of the Higher Education Act of 1965 ( 20 U.S.C. 1015d(d) Public Law 117–81 (1) in paragraph (1), by striking or (2) in paragraph (2), by striking the period at the end and inserting ; or (3) by adding at the end the following new paragraph: (3) a member of the intelligence community (as defined in section 3 of the National Security Act of 1947 ( 50 U.S.C. 3003 . (b) Effective date The amendments made by subsection (a) shall take effect at each public institution of higher education in a State that receives assistance under the Higher Education Act of 1965 ( 20 U.S.C. 1001 et seq. 304. Standards, criteria, and guidance for counterintelligence vulnerability assessments and surveys Section 904(d)(7)(A) of the Counterintelligence Enhancement Act of 2002 ( 50 U.S.C. 3383(d)(7)(A) (A) Counterintelligence vulnerability assessments and surveys To develop standards, criteria, and guidance for counterintelligence risk assessments and surveys of the vulnerability of the United States to intelligence threats, including with respect to critical infrastructure and critical technologies, in order to identify the areas, programs, and activities that require protection from such threats. . 305. Improving administration of certain post-employment restrictions for intelligence community Section 304 of the National Security Act of 1947 ( 50 U.S.C. 3073a (1) in subsection (c)(1)— (A) by striking A former (A) In general A former ; and (B) by adding at the end the following: (B) Prior disclosure to Director of National Intelligence (i) In general In the case of a former employee who occupies a covered post-service position in violation of subsection (a), whether the former employee voluntarily notified the Director of National Intelligence of the intent of the former employee to occupy such covered post-service position before occupying such post-service position may be used in determining whether the violation was knowing and willful for purposes of subparagraph (A). (ii) Procedures and guidance The Director of National Intelligence may establish procedures and guidance relating to the submittal of notice for purposes of clause (i). ; and (2) in subsection (d)— (A) in paragraph (1), by inserting the restrictions under subsection (a) and the report requirements (B) in paragraph (2), by striking ceases to occupy occupies (C) in paragraph (3)(B), by striking before the person ceases to occupy a covered intelligence position when the person occupies a covered intelligence position 306. Mission of the National Counterintelligence and Security Center (a) In general Section 904 of the Counterintelligence Enhancement Act of 2002 ( 50 U.S.C. 3383 (1) by redesignating subsections (d) through (i) as subsections (e) through (j), respectively; and (2) by inserting after subsection (c) the following: (d) Mission The mission of the National Counterintelligence and Security Center shall include organizing and leading strategic planning for counterintelligence activities of the United States Government by integrating instruments of national power as needed to counter foreign intelligence activities. . (b) Conforming amendments (1) Counterintelligence Enhancement Act of 2002 Section 904 of the Counterintelligence Enhancement Act of 2002 ( 50 U.S.C. 3383 (A) in subsection (e), as redesignated by subsection (a)(1), by striking Subject to subsection (e) Subject to subsection (f) (B) in subsection (f), as so redesignated— (i) in paragraph (1), by striking subsection (d)(1) subsection (e)(1) (ii) in paragraph (2), by striking subsection (d)(2) subsection (e)(2) (2) Counterintelligence and Security Enhancements Act of 1994 Section 811(d)(1)(B)(ii) of the Counterintelligence and Security Enhancements Act of 1994 ( 50 U.S.C. 3381(d)(1)(B)(ii) section 904(d)(2) of that Act ( 50 U.S.C. 3383(d)(2) section 904(e)(2) of that Act ( 50 U.S.C. 3383(e)(2) 307. Prohibition relating to transport of individuals detained at United States Naval Station, Guantanamo Bay, Cuba (a) Definition of individual detained at Guantanamo In this section, the term individual detained at Guantanamo Public Law 114–92 10 U.S.C. 801 (b) Prohibition on chartering private or commercial aircraft to transport individuals detained at United States Naval Station, Guantanamo Bay, Cuba No head of an element of the intelligence community may charter any private or commercial aircraft to transport an individual who is or was an individual detained at Guantanamo. 308. Department of Energy science and technology risk assessments (a) Definitions In this section: (1) Country of risk (A) In general The term country of risk (B) Determination In making a determination under subparagraph (A), the Secretary, in coordination with the Director of the Office of Intelligence and Counterintelligence, shall take into consideration— (i) the most recent World Wide Threat Assessment of the United States Intelligence Community, prepared by the Director of National Intelligence; and (ii) the most recent National Counterintelligence Strategy of the United States. (2) Covered support The term covered support (3) Entity of concern The term entity of concern (A) identified under section 1237(b) of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 ( 50 U.S.C. 1701 Public Law 105–261 (B) identified under section 1260H of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( 10 U.S.C. 113 Public Law 116–283 (C) 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; (D) included in the list required by section 9(b)(3) of the Uyghur Human Rights Policy Act of 2020 ( Public Law 116–145 (E) identified by the Secretary, in coordination with the Director of the Office of Intelligence and Counterintelligence and the applicable office that would provide, or is providing, covered support, as posing an unmanageable threat— (i) to the national security of the United States; or (ii) of theft or loss of United States intellectual property. (4) National The term national 8 U.S.C. 1101 (5) Secretary The term Secretary (b) Science and technology risk assessment (1) In general The Secretary shall develop and maintain tools and processes to manage and mitigate research security risks, such as a science and technology risk matrix, informed by threats identified by the Director of the Office of Intelligence and Counterintelligence, to facilitate determinations of the risk of loss of United States intellectual property or threat to the national security of the United States posed by activities carried out under any covered support. (2) Content and implementation In developing and using the tools and processes developed under paragraph (1), the Secretary shall— (A) deploy risk-based approaches to evaluating, awarding, and managing certain research, development, demonstration, and deployment activities, including designations that will indicate the relative risk of activities; (B) assess, to the extent practicable, ongoing high-risk activities; (C) designate an officer or employee of the Department of Energy to be responsible for tracking and notifying recipients of any covered support of unmanageable threats to United States national security or of theft or loss of United States intellectual property posed by an entity of concern; (D) consider requiring recipients of covered support to implement additional research security mitigations for higher-risk activities if appropriate; and (E) support the development of research security training for recipients of covered support on the risks posed by entities of concern. (3) Annual updates The tools and processes developed under paragraph (1) shall be evaluated annually and updated as needed, with threat-informed input from the Office of Intelligence and Counterintelligence, to reflect changes in the risk designation under paragraph (2)(A) of research, development, demonstration, and deployment activities conducted by the Department of Energy. (c) Entity of concern (1) Prohibition Except as provided in paragraph (2), no entity of concern, or individual that owns or controls, is owned or controlled by, or is under common ownership or control with an entity of concern, may receive, or perform work under, any covered support. (2) Waiver of prohibition (A) In general The Secretary may waive the prohibition under paragraph (1) if determined by the Secretary to be in the national interest. (B) Notification to Congress Not less than 2 weeks prior to issuing a waiver under subparagraph (A), the Secretary shall notify Congress of the intent to issue the waiver, including a justification for the waiver. (3) Penalty (A) Termination of support On finding that any entity of concern or individual described in paragraph (1) has received covered support and has not received a waiver under paragraph (2), the Secretary shall terminate all covered support to that entity of concern or individual, as applicable. (B) Penalties An entity of concern or individual identified under subparagraph (A) shall be— (i) prohibited from receiving or participating in covered support for a period of not less than 1 year but not more than 10 years, as determined by the Secretary; or (ii) instead of the penalty described in clause (i), subject to any other penalties authorized under applicable law or regulations that the Secretary determines to be in the national interest. (C) Notification to Congress Prior to imposing a penalty under subparagraph (B), the Secretary shall notify Congress of the intent to impose the penalty, including a description of and justification for the penalty. (4) Coordination The Secretary shall— (A) share information about the unmanageable threats described in subsection (a)(3)(E) with other Federal agencies; and (B) develop consistent approaches to identifying entities of concern. (d) International agreements This section shall be applied in a manner consistent with the obligations of the United States under international agreements. (e) Report required Not later than 240 days after the date of enactment of this Act, the Secretary shall submit to Congress a report that— (1) describes— (A) the tools and processes developed under subsection (b)(1) and any updates to those tools and processes; and (B) if applicable, the science and technology risk matrix developed under that subsection and how that matrix has been applied; (2) includes a mitigation plan for managing risks posed by countries of risk with respect to future or ongoing research and development activities of the Department of Energy; and (3) defines critical research areas, designated by risk, as determined by the Secretary. 309. Congressional oversight of intelligence community risk assessments (a) Risk assessment documents and materials Except as provided in subsection (b), whenever an element of the intelligence community conducts a risk assessment arising from the mishandling or improper disclosure of classified information, the Director of National Intelligence shall, not later than 30 days after the date of the commencement of such risk assessment— (1) submit to the congressional intelligence committees copies of such documents and materials as are— (A) within the jurisdiction of such committees; and (B) subject to the risk assessment; and (2) provide such committees a briefing on such documents, materials, and risk assessment. (b) Exception If the Director determines, with respect to a risk assessment described in subsection (a), that the documents and other materials otherwise subject to paragraph (1) of such subsection (a) are of such a volume that submittal pursuant to such paragraph would be impracticable, the Director shall— (1) in lieu of submitting copies of such documents and materials, submit a log of such documents and materials; and (2) pursuant to a request by the Select Committee on Intelligence of the Senate or the Permanent Select Committee on Intelligence of the House of Representatives for a copy of a document or material included in such log, submit to such committee such copy. 310. Inspector General review of dissemination by Federal Bureau of Investigation Richmond, Virginia, field office of certain document (a) Review required Not later than 120 days after the date of the enactment of this Act, the Inspector General of the Department of Justice shall conduct a review of the actions and events, including any underlying policy direction, that served as a basis for the January 23, 2023, dissemination by the field office of the Federal Bureau of Investigation located in Richmond, Virginia, of a document titled Interest of Racially or Ethnically Motivated Violent Extremists in Radical-Traditionalist Catholic Ideology Almost Certainly Presents New Mitigation Opportunities. (b) Submittal to Congress The Inspector General of the Department of Justice shall submit the findings of the Inspector General with respect to the review required by subsection (a) to the following: (1) The congressional intelligence committees. (2) The Committee on the Judiciary, Committee on Homeland Security and Governmental Affairs, and the Committee on Appropriations of the Senate. (3) The Committee on the Judiciary, the Committee on Oversight and Accountability, and the Committee on Appropriations of the House of Representatives. 311. Office of Intelligence and Analysis Section 201 of the Homeland Security Act of 2002 ( 6 U.S.C. 121 (h) Prohibition (1) Definition In this subsection, the term United States person (2) Collection of information from United States persons (A) In general Notwithstanding any other provision of law, the Office of Intelligence and Analysis may not engage in the collection of information or intelligence targeting any United States person except as provided in subparagraph (B). (B) Exception Subparagraph (A) shall not apply to any employee, officer, or contractor of the Office of Intelligence and Analysis who is responsible for collecting information from individuals working for a State, local, or Tribal territory government or a private employer. . B Central Intelligence Agency 321. Change to penalties and increased availability of mental health treatment for unlawful conduct on Central Intelligence Agency installations Section 15(b) of the Central Intelligence Agency Act of 1949 ( 50 U.S.C. 3515(b) those specified in section 1315(c)(2) of title 40, United States Code the maximum penalty authorized for a Class B misdemeanor under section 3559 of title 18, United States Code 322. Modifications to procurement authorities of the Central Intelligence Agency Section 3 of the Central Intelligence Agency Act of 1949 ( 50 U.S.C. 3503 (1) in subsection (a), by striking sections session) sections 3201, 3203, 3204, 3206, 3207, 3302 through 3306, 3321 through 3323, 3801 through 3808, 3069, 3134, 3841, and 4752 of title 10, United States Code (2) in subsection (d), by striking in paragraphs 1947 in sections 3201 through 3204 of title 10, United States Code, shall not be delegable. Each determination or decision required by sections 3201 through 3204, 3321 through 3323, and 3841 of title 10, United States Code 323. Establishment of Central Intelligence Agency standard workplace sexual misconduct complaint investigation procedure (a) Workplace sexual misconduct defined The term workplace sexual misconduct (1) means unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when— (A) submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment; (B) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or (C) such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment; and (2) includes sexual harassment and sexual assault. (b) Standard complaint investigation procedure Not later than 90 days after the date of the enactment of this Act, the Director of the Central Intelligence Agency shall— (1) establish a standard workplace sexual misconduct complaint investigation procedure; (2) implement the standard workplace sexual misconduct complaint investigation procedure through clear workforce communication and education on the procedure; and (3) submit the standard workplace sexual misconduct complaint investigation procedure to the congressional intelligence committees. (c) Minimum requirements The procedure established pursuant to subsection (b)(1) shall, at a minimum— (1) identify the individuals and offices of the Central Intelligence Agency to which an employee of the Agency may bring a complaint of workplace sexual misconduct; (2) detail the steps each individual or office identified pursuant to paragraph (1) shall take upon receipt of a complaint of workplace sexual misconduct and the timeframes within which those steps shall be taken, including— (A) documentation of the complaint; (B) referral or notification to another individual or office; (C) measures to document or preserve witness statements or other evidence; and (D) preliminary investigation of the complaint; (3) set forth standard criteria for determining whether a complaint of workplace sexual misconduct will be referred to law enforcement and the timeframe within which such a referral shall occur; and (4) for any complaint not referred to law enforcement, set forth standard criteria for determining— (A) whether a complaint has been substantiated; and (B) for any substantiated complaint, the appropriate disciplinary action. (d) Annual reports On or before April 30 of each year, the Director shall submit to the congressional intelligence committees, the Subcommittee on Defense of the Committee on Appropriations of the Senate, and the Subcommittee on Defense of the Committee on Appropriations of the House of Representatives an annual report that includes, for the preceding calendar year, the following: (1) The number of workplace sexual misconduct complaints brought to each individual or office of the Central Intelligence Agency identified pursuant to subsection (c)(1), disaggregated by— (A) complaints referred to law enforcement; and (B) complaints substantiated. (2) For each complaint described in paragraph (1) that is substantiated, a description of the disciplinary action taken by the Director. IV Matters concerning foreign countries A People’s Republic of China 401. Intelligence community coordinator for accountability of atrocities of the People's Republic of China (a) Definitions In this section: (1) Atrocity The term atrocity (2) Foreign person The term foreign person (A) any person or entity that is not a United States person; or (B) any entity not organized under the laws of the United States or of any jurisdiction within the United States. (3) United states person The term United States person 50 U.S.C. 3039 (b) Intelligence community coordinator for accountability of atrocities of the People's Republic of China (1) Designation Not later than 90 days after the date of the enactment of this Act, the Director of National Intelligence shall designate a senior official of the Office of the Director of National Intelligence to serve as the intelligence community coordinator for accountability of atrocities of the People's Republic of China (in this section referred to as the Coordinator (2) Duties The Coordinator shall lead the efforts of and coordinate and collaborate with the intelligence community with respect to the following: (A) Identifying and addressing any gaps in intelligence collection relating to atrocities of the People's Republic of China, including by recommending the modification of the priorities of the intelligence community with respect to intelligence collection and by utilizing informal processes and collaborative mechanisms with key elements of the intelligence community to increase collection on atrocities of the People's Republic of China. (B) Prioritizing and expanding the intelligence analysis with respect to ongoing atrocities of the People's Republic of China and disseminating within the United States Government intelligence relating to the identification and activities of foreign persons suspected of being involved with or providing support to atrocities of the People's Republic of China, including genocide and forced labor practices in Xinjiang, in order to support the efforts of other Federal agencies, including the Department of State, the Department of Justice, the Department of the Treasury, the Office of Foreign Assets Control, the Department of Commerce, the Bureau of Industry and Security, U.S. Customs and Border Protection, and the National Security Council, to hold the People's Republic of China accountable for such atrocities. (C) Increasing efforts to declassify and share with the people of the United States and the international community information regarding atrocities of the People's Republic of China in order to expose such atrocities and counter the disinformation and misinformation campaign by the People's Republic of China to deny such atrocities. (D) Documenting and storing intelligence and other unclassified information that may be relevant to preserve as evidence of atrocities of the People's Republic of China for future accountability, and ensuring that other relevant Federal agencies receive appropriate support from the intelligence community with respect to the collection, analysis, preservation, and, as appropriate, dissemination, of intelligence related to atrocities of the People's Republic of China, which may include the information from the annual report required by section 6504 of the Intelligence Authorization Act for Fiscal Year 2023 ( Public Law 117–263 (E) Sharing information with the Forced Labor Enforcement Task Force, established under section 741 of the United States-Mexico-Canada Agreement Implementation Act ( 19 U.S.C. 4681 (3) Plan required Not later than 120 days after the date of the enactment of this Act, the Director shall submit to the appropriate committees of Congress— (A) the name of the official designated as the Coordinator pursuant to paragraph (1); and (B) the strategy of the intelligence community for the collection and dissemination of intelligence relating to ongoing atrocities of the People's Republic of China, including a detailed description of how the Coordinator shall support, and assist in facilitating the implementation of, such strategy. (4) Annual report to Congress (A) Reports required Not later than May 1, 2024, and annually thereafter until May 1, 2034, the Director shall submit to Congress a report detailing, for the year covered by the report— (i) the analytical findings, changes in collection, and other activities of the intelligence community with respect to ongoing atrocities of the People's Republic of China; (ii) the recipients of information shared pursuant to this section for the purpose of— (I) providing support to Federal agencies to hold the People's Republic of China accountable for such atrocities; and (II) sharing information with the people of the United States to counter the disinformation and misinformation campaign by the People's Republic of China to deny such atrocities; and (iii) with respect to clause (ii), the date of any such sharing. (B) Form Each report submitted under subparagraph (A) may be submitted in classified form, consistent with the protection of intelligence sources and methods. (c) Sunset This section shall cease to have effect on the date that is 10 years after the date of the enactment of this Act. 402. Interagency working group and report on the malign efforts of the People's Republic of China in Africa (a) Establishment (1) In general The Director of National Intelligence, in consultation with such heads of elements of the intelligence community as the Director considers appropriate, shall establish an interagency working group within the intelligence community to analyze the tactics and capabilities of the People’s Republic of China in Africa. (2) Establishment flexibility The working group established under paragraph (1) may be— (A) independently established; or (B) to avoid redundancy, incorporated into existing working groups or cross-intelligence efforts within the intelligence community. (b) Report (1) Definition of appropriate committees of Congress In this subsection, the term appropriate committees of Congress (A) the congressional intelligence committees; (B) the Committee on Foreign Relations and the Subcommittee on Defense of the Committee on Appropriations of the Senate; and (C) the Committee on Foreign Affairs and the Subcommittee on Defense of the Committee on Appropriations of the House of Representatives. (2) In general Not later than 120 days after the date of the enactment of this Act, and twice annually thereafter, the working group established under subsection (a) shall submit to the appropriate committees of Congress a report on the specific tactics and capabilities of the People’s Republic of China in Africa. (3) Elements Each report required by paragraph (2) shall include the following elements: (A) An assessment of efforts by the Government of the People's Republic of China to exploit mining and reprocessing operations in Africa. (B) An assessment of efforts by the Government of the People's Republic of China to provide or fund technologies in Africa, including— (i) telecommunications and energy technologies, such as advanced reactors, transportation, and other commercial products; and (ii) by requiring that the People's Republic of China be the sole provider of such technologies. (C) An assessment of efforts by the Government of the People's Republic of China to expand intelligence capabilities in Africa. (D) A description of actions taken by the intelligence community to counter such efforts. (E) An assessment of additional resources needed by the intelligence community to better counter such efforts. (4) Form Each report required by paragraph (2) shall be submitted in unclassified form, but may include a classified annex if necessary. (c) Sunset The requirements of this section shall terminate on the date that is 5 years after the date of the enactment of this Act. 403. Amendment to requirement for annual assessment by intelligence community working group for monitoring the economic and technological capabilities of the People's Republic of China Section 6503(c)(3)(D) of the Intelligence Authorization Act for Fiscal Year 2023 (division F of Public Law 117–263 the top 200 all the known 404. Assessments of reciprocity in the relationship between the United States and the People’s Republic of China (a) In general Not later than 1 year after the date of the enactment of this Act, the Assistant Secretary of State for Intelligence and Research, in consultation with the Director of National Intelligence and such other heads of elements of the intelligence community as the Assistant Secretary considers relevant, shall submit to Congress the following: (1) A comprehensive assessment that identifies critical areas in the security, diplomatic, economic, financial, technological, scientific, commercial, academic, and cultural spheres in which the United States does not enjoy a reciprocal relationship with the People's Republic of China. (2) A comprehensive assessment that describes how the lack of reciprocity between the People's Republic of China and the United States in the areas identified in the assessment required by paragraph (1) provides advantages to the People's Republic of China. (b) Form of assessments (1) Critical areas The assessment required by subsection (a)(1) shall be submitted in unclassified form. (2) Advantages The assessment required by subsection (a)(2) shall be submitted in classified form. 405. Annual briefing on intelligence community efforts to identify and mitigate Chinese Communist Party and Russian foreign malign influence operations against the United States (a) Definitions In this section: (1) Chinese entities engaged in foreign malign influence operations The term hinese entities engaged in foreign malign influence operations (A) the Ministry of State Security; (B) other security services of the People's Republic of China; (C) the intelligence services of the People’s Republic of China; (D) the United Front Work Department and other united front organs; (E) state-controlled media systems, such as the China Global Television Network (CGTN); and (F) any entity involved in foreign malign influence operations that demonstrably and intentionally disseminate false information and propaganda of the Government of the People’s Republic of China or the Chinese Communist Party. (2) Russian malign influence actors The term Russian malign influence actors (A) the intelligence and security services of the Russian Federation (B) the Presidential Administration; (C) any other entity of the Government of the Russian Federation; or (D) Russian mercenary or proxy groups such as the Wagner Group. (3) Foreign malign influence operation The term foreign malign influence operation foreign malign influence 50 U.S.C. 3059 (A) to coerce and corrupt United States interests, values, institutions, or individuals; and (B) to foster attitudes, behavior, decisions, or outcomes in the United States that support the interests of the Government of the People’s Republic of China or the Chinese Communist Party. (b) Briefing required Not later than 120 days after the date of the enactment of this Act and annually thereafter until the date that is 5 years after the date of the enactment of this Act, the Director of the Foreign Malign Influence Center shall, in collaboration with the heads of the elements of the intelligence community, provide Congress a classified briefing on the ways in which the relevant elements of the intelligence community are working internally and coordinating across the intelligence community to identify and mitigate the actions of Chinese and Russian entities engaged in foreign malign influence operations against the United States, including against United States persons. (c) Elements The classified briefing required by subsection (b) shall cover the following: (1) The Government of the Russian Federation, the Government of the People’s Republic of China, and the Chinese Communist Party tactics, tools, and entities that spread disinformation, misinformation, and malign information and conduct influence operations, information campaigns, or other propaganda efforts. (2) A description of ongoing foreign malign influence operations and campaigns of the Russian Federation against the United States and an assessment of their objectives and effectiveness in meeting those objectives. (3) A description of ongoing foreign malign influence operations and campaigns of the People's Republic of China against the United States and an assessment of their objectives and effectiveness in meeting those objectives. (4) A description of any cooperation, information-sharing, amplification, or other coordination between the Russian Federation and the People's Republic of China in developing or carrying out foreign malign influence operations against the United States. (5) A description of front organizations, proxies, cut-outs, aligned third-party countries, or organizations used by the Russian Federation or the People's Republic of China to carry out foreign malign influence operations against the United States. (6) An assessment of the loopholes or vulnerabilities in United States law that Russia and the People's Republic of China exploit to carry out foreign malign influence operations. (7) The actions of the Foreign Malign Influence Center, in coordination with the Global Engagement Center, relating to early-warning, information sharing, and proactive risk mitigation systems, based on the list of entities identified in subsection (a)(1), to detect, expose, deter, and counter foreign malign influence operations of the Government of the People’s Republic of China or the Chinese Communist Party against the United States. (8) The actions of the Foreign Malign Influence Center to conduct outreach, to identify and counter tactics, tools, and entities described in paragraph (1) by sharing information with allies and partners of the United States, in coordination with the Global Engagement Center, as well as State and local governments, the business community, and civil society in order to expose the political influence operations and information operations of the Government of the Russian Federation and the Government of the People’s Republic of China or the Chinese Communist Party carried out against individuals and entities in the United States. 406. Assessment of threat posed to United States ports by cranes manufactured by countries of concern (a) Definitions In this section: (1) Appropriate committees of Congress The term appropriate committees of Congress (A) the congressional intelligence committees; (B) the Committee on Armed Services, the Committee on Homeland Security and Governmental Affairs, the Committee on Banking, Housing, and Urban Affairs, and the Subcommittee on Defense of the Committee on Appropriations of the Senate; and (C) the Committee on Armed Services, the Committee on Oversight and Accountability, the Committee on Financial Services, and the Subcommittee on Defense of the Committee on Appropriations of the House of Representatives. (2) Country of concern The term country of concern 22 U.S.C. 2651a(m)(1) (b) Assessment The Director of National Intelligence, in coordination with such other heads of the elements of the intelligence community as the Director considers appropriate and the Secretary of Defense, shall conduct an assessment of the threat posed to United States ports by cranes manufactured by countries of concern and commercial entities of those countries, including the Shanghai Zhenhua Heavy Industries Co. (ZPMC). (c) Report and briefing (1) In general Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence shall submit a report and provide a briefing to the appropriate committees of Congress on the findings of the assessment required by subsection (b). (2) Elements The report and briefing required by paragraph (1) shall outline the potential for the cranes described in subsection (b) to collect intelligence, disrupt operations at United States ports, and impact the national security of the United States. (3) Form of report The report required by paragraph (1) shall be submitted in unclassified form, but may include a classified annex. B Other foreign countries 411. Report on efforts to capture and detain United States citizens as hostages (a) Definition of appropriate committees of Congress In this section, the term appropriate committees of Congress (1) the congressional intelligence committees; (2) the Committee on Foreign Relations, the Committee on the Judiciary, and the Subcommittee on Defense of the Committee on Appropriations of the Senate; and (3) the Committee on Foreign Affairs, the Committee on the Judiciary, and the Subcommittee on Defense of the Committee on Appropriations of the House of Representatives. (b) In general Not later than 120 days after the date of the enactment of this Act, the Director of National Intelligence shall submit to the appropriate committees of Congress a report on efforts by the Maduro regime in Venezuela to detain United States citizens and lawful permanent residents. (c) Elements The report required by subsection (b) shall include, regarding the arrest, capture, detainment, or imprisonment of United States citizens and lawful permanent residents, the following: (1) The names, positions, and institutional affiliation of Venezuelan individuals, or those acting on their behalf, who have engaged in such activities. (2) A description of any role played by transnational criminal organizations, and an identification of such organizations. (3) Where relevant, an assessment of whether and how United States citizens and lawful permanent residents have been lured to Venezuela. (4) An analysis of the motive for the arrest, capture, detainment, or imprisonment of United States citizens and lawful permanent residents. (5) The total number of United States citizens and lawful permanent residents detained or imprisoned in Venezuela as of the date on which the report is submitted. (d) Form The report required by subsection (b) shall be submitted in unclassified form, but may include a classified annex. 412. Sense of Congress on priority of fentanyl in National Intelligence Priorities Framework It is the sense of Congress that the trafficking of illicit fentanyl, including precursor chemicals and manufacturing equipment associated with illicit fentanyl production and organizations that traffic or finance the trafficking of illicit fentanyl, originating from the People's Republic of China and Mexico should be among the highest priorities in the National Intelligence Priorities Framework of the Office of the Director of National Intelligence. V Matters pertaining to United States economic and emerging technology competition with United States adversaries A General matters 501. Assignment of detailees from intelligence community to Department of Commerce (a) Authority In order to better facilitate the sharing of actionable intelligence on foreign adversary intent, capabilities, threats, and operations that pose a threat to the interests or security of the United States, particularly as they relate to the procurement, development, and use of dual-use and emerging technologies, the Director of National Intelligence may assign or facilitate the assignment of members from across the intelligence community to serve as detailees to the Bureau of Industry and Security of the Department of Commerce. (b) Assignment Detailees assigned pursuant to subsection (a) shall be drawn from such elements of the intelligence community as the Director considers appropriate, in consultation with the Secretary of Commerce. (c) Expertise The Director shall ensure that detailees assigned pursuant to subsection (a) have subject matter expertise on countries of concern, including China, Iran, North Korea, and Russia, as well as functional areas such as illicit procurement, counterproliferation, emerging and foundational technology, economic and financial intelligence, information and communications technology systems, supply chain vulnerability, and counterintelligence. (d) Duty credit The detail of an employee of the intelligence community to the Department of Commerce under subsection (a) shall be without interruption or loss of civil service status or privilege. B Next-generation energy, biotechnology, and artificial intelligence 511. Expanded annual assessment of economic and technological capabilities of the People's Republic of China Section 6503(c)(3) of the Intelligence Authorization Act for Fiscal Year 2023 ( Public Law 117–263 (I) A detailed assessment, prepared in consultation with all elements of the working group— (i) of the investments made by the People’s Republic of China in— (I) artificial intelligence; (II) next-generation energy technologies, especially small modular reactors and advanced batteries; and (III) biotechnology; and (ii) that identifies— (I) competitive practices of the People’s Republic of China relating to the technologies described in clause (i); (II) opportunities to counter the practices described in subclause (I); (III) countries the People’s Republic of China is targeting for exports of civil nuclear technology; (IV) countries best positioned to utilize civil nuclear technologies from the United States in order to facilitate the commercial export of those technologies; (V) United States vulnerabilities in the supply chain of these technologies; and (VI) opportunities to counter the export by the People’s Republic of China of civil nuclear technologies globally. (J) An identification and assessment of any unmet resource or authority needs of the working group that affect the ability of the working group to carry out this section. . 512. Assessment of using civil nuclear energy for intelligence community capabilities (a) Assessment required The Director of National Intelligence shall, in consultation with the heads of such other elements of the intelligence community as the Director considers appropriate, conduct an assessment of capabilities identified by the Intelligence Community Continuity Program established pursuant to section E(3) of Intelligence Community Directive 118, or any successor directive, or such other intelligence community facilities or intelligence community capabilities as may be determined by the Director to be critical to United States national security, that have unique energy needs— (1) to ascertain the feasibility and advisability of using civil nuclear reactors to meet such needs; and (2) to identify such additional resources, technologies, infrastructure, or authorities needed, or other potential obstacles, to commence use of a nuclear reactor to meet such needs. (b) Report Not later than 180 days after the date of the enactment of this Act, the Director shall submit to the congressional intelligence committees, the Committee on Homeland Security and Governmental Affairs and the Committee on Appropriations of the Senate, and the Committee on Oversight and Accountability and the Committee on Appropriations of the House of Representatives a report, which may be in classified form, on the findings of the Director with respect to the assessment conducted pursuant to subsection (a). 513. Policies established by Director of National Intelligence for artificial intelligence capabilities (a) In general Section 6702 of the Intelligence Authorization Act for Fiscal Year 2023 ( 50 U.S.C. 3334m (1) in subsection (a), in the matter preceding paragraph (1), by striking subsection (b) subsection (c) (2) by redesignating subsection (b) as subsection (c); and (3) by inserting after subsection (a) the following: (b) Policies (1) In general In carrying out subsection (a)(1), not later than 1 year after the date of the enactment of the Intelligence Authorization Act for Fiscal Year 2024 (2) Policies described The policies described in this paragraph are policies for the acquisition, adoption, development, use, coordination, and maintenance of artificial intelligence capabilities that— (A) establish a lexicon relating to the use of machine learning and artificial intelligence developed or acquired by elements of the intelligence community; (B) establish guidelines for evaluating the performance of models developed or acquired by elements of the intelligence community, such as by— (i) specifying conditions for the continuous monitoring of artificial intelligence capabilities for performance, including the conditions for retraining or retiring models based on performance; (ii) documenting performance objectives, including specifying how performance objectives shall be developed and contractually enforced for capabilities procured from third parties; (iii) specifying the manner in which models should be audited, as necessary, including the types of documentation that should be provided to any auditor; and (iv) specifying conditions under which models used by elements of the intelligence community should be subject to testing and evaluation for vulnerabilities to techniques meant to undermine the availability, integrity, or privacy of an artificial intelligence capability; (C) establish guidelines for tracking dependencies in adjacent systems, capabilities, or processes impacted by the retraining or sunsetting of any model described in subparagraph (B); (D) establish documentation requirements for capabilities procured from third parties, aligning such requirements, as necessary, with existing documentation requirements applicable to capabilities developed by elements of the intelligence community; (E) establish standards for the documentation of imputed, augmented, or synthetic data used to train any model developed, procured, or used by an element of the intelligence community; and (F) provide guidance on the acquisition and usage of models that have previously been trained by a third party for subsequent modification and usage by such an element. (3) Policy review and revision The Director of National Intelligence shall periodically review and revise each policy established under paragraph (1). . (b) Conforming amendment Section 6712(b)(1) of such Act ( 50 U.S.C. 3024 section 6702(b) section 6702(c) VI Whistleblower matters 601. Submittal to Congress of complaints and information by whistleblowers in the intelligence community (a) Amendments to chapter 4 (1) Appointment of security officers Section 416 of title 5, United States Code, is amended by adding at the end the following: (i) Appointment of security officers Each Inspector General under this section, including the designees of the Inspector General of the Department of Defense pursuant to subsection (b)(3), shall appoint within their offices security officers to provide, on a permanent basis, confidential, security-related guidance and direction to employees and contractors described in subsection (b)(1) who intend to report to Congress complaints or information, so that such employees and contractors can obtain direction on how to report to Congress in accordance with appropriate security practices. . (2) Procedures Subsection (e) of such section is amended— (A) in paragraph (1), by inserting or any other committee of jurisdiction of the Senate or the House of Representatives either or both of the intelligence committees (B) by amending paragraph (2) to read as follows: (2) Limitation (A) In general Except as provided in subparagraph (B), the employee may contact an intelligence committee or another committee of jurisdiction directly as described in paragraph (1) of this subsection or in subsection (b)(4) only if the employee— (i) before making such a contact, furnishes to the head of the establishment, through the Inspector General (or designee), a statement of the employee’s complaint or information and notice of the employee’s intent to contact an intelligence committee or another committee of jurisdiction of the Senate or the House of Representatives directly; and (ii) (I) obtains and follows, from the head of the establishment, through the Inspector General (or designee), procedural direction on how to contact an intelligence committee or another committee of jurisdiction of the Senate or the House of Representatives in accordance with appropriate security practices; or (II) obtains and follows such procedural direction from the applicable security officer appointed under subsection (i). (B) Lack of procedural direction If an employee seeks procedural direction under subparagraph (A)(ii) and does not receive such procedural direction within 30 days, or receives insufficient direction to report to Congress a complaint or information, the employee may contact an intelligence committee or any other committee of jurisdiction of the Senate or the House of Representatives directly without obtaining or following the procedural direction otherwise required under such subparagraph. ; and (C) by redesignating paragraph (3) as paragraph (4); and (D) by inserting after paragraph (2) the following: (3) Committee members and staff An employee of an element of the intelligence community who intends to report to Congress a complaint or information may report such complaint or information to the Chairman and Vice Chairman or Ranking Member, as the case may be, of an intelligence committee or another committee of jurisdiction of the Senate or the House of Representatives, a nonpartisan member of the committee staff designated for purposes of receiving complaints or information under this section, or a member of the majority staff and a member of the minority staff of the committee. . (3) Clarification of right to report directly to Congress Subsection (b) of such section is amended by adding at the end the following: (4) Clarification of right to report directly to Congress Subject to paragraphs (2) and (3) of subsection (e), an employee of an element of the intelligence community who intends to report to Congress a complaint or information may report such complaint or information directly to Congress. . (b) Amendments to National Security Act of 1947 (1) Appointment of security officers Section 103H(j) of the National Security Act of 1947 ( 50 U.S.C. 3033(j) (5) The Inspector General shall appoint within the Office of the Inspector General security officers as required by section 416(i) of title 5, United States Code. . (2) Procedures Subparagraph (D) of section 103H(k)(5) of such Act ( 50 U.S.C. 3033(k)(5) (A) in clause (i), by inserting or any other committee of jurisdiction of the Senate or the House of Representatives either or both of the congressional intelligence committees (B) by amending clause (ii) to read as follows: (ii) (I) Except as provided in subclause (II), an employee may contact a congressional intelligence committee or another committee of jurisdiction directly as described in clause (i) only if the employee— (aa) before making such a contact, furnishes to the Director, through the Inspector General, a statement of the employee’s complaint or information and notice of the employee’s intent to contact a congressional intelligence committee or another committee of jurisdiction of the Senate or the House of Representatives directly; and (bb) (AA) obtains and follows, from the Director, through the Inspector General, procedural direction on how to contact a congressional intelligence committee or another committee of jurisdiction of the Senate or the House of Representatives in accordance with appropriate security practices; or (BB) obtains and follows such procedural direction from the applicable security officer appointed under section 416(i) of title 5, United States Code. (II) If an employee seeks procedural direction under subclause (I)(bb) and does not receive such procedural direction within 30 days, or receives insufficient direction to report to Congress a complaint or information, the employee may contact a congressional intelligence committee or any other committee of jurisdiction of the Senate or the House of Representatives directly without obtaining or following the procedural direction otherwise required under such subclause. ; (C) by redesignating clause (iii) as clause (iv); and (D) by inserting after clause (ii) the following: (iii) An employee of an element of the intelligence community who intends to report to Congress a complaint or information may report such complaint or information to the Chairman and Vice Chairman or Ranking Member, as the case may be, of a congressional intelligence committee or another committee of jurisdiction of the Senate or the House of Representatives, a nonpartisan member of the committee staff designated for purposes of receiving complaints or information under this section, or a member of the majority staff and a member of the minority staff of the committee. . (3) Clarification of right to report directly to Congress Subparagraph (A) of such section is amended— (A) by inserting (i) An employee of (B) by adding at the end the following: (ii) Subject to clauses (ii) and (iii) of subparagraph (D), an employee of an element of the intelligence community who intends to report to Congress a complaint or information may report such complaint or information directly to Congress, regardless of whether the complaint or information is with respect to an urgent concern— (I) in lieu of reporting such complaint or information under clause (i); or (II) in addition to reporting such complaint or information under clause (i). . (c) Amendments to the Central Intelligence Agency Act of 1949 (1) Appointment of security officers Section 17(d)(5) of the Central Intelligence Agency Act of 1949 ( 50 U.S.C. 3517(d)(5) (I) The Inspector General shall appoint within the Office of the Inspector General security officers as required by section 416(i) of title 5, United States Code. . (2) Procedures Subparagraph (D) of such section is amended— (A) in clause (i), by inserting or any other committee of jurisdiction of the Senate or the House of Representatives either or both of the intelligence committees (B) by amending clause (ii) to read as follows: (ii) (I) Except as provided in subclause (II), an employee may contact an intelligence committee or another committee of jurisdiction directly as described in clause (i) only if the employee— (aa) before making such a contact, furnishes to the Director, through the Inspector General, a statement of the employee’s complaint or information and notice of the employee’s intent to contact an intelligence committee or another committee of jurisdiction of the Senate or the House of Representatives directly; and (bb) (AA) obtains and follows, from the Director, through the Inspector General, procedural direction on how to contact an intelligence committee or another committee of jurisdiction of the Senate or the House of Representatives in accordance with appropriate security practices; or (BB) obtains and follows such procedural direction from the applicable security officer appointed under section 416(i) of title 5, United States Code. (II) If an employee seeks procedural direction under subclause (I)(bb) and does not receive such procedural direction within 30 days, or receives insufficient direction to report to Congress a complaint or information, the employee may contact an intelligence committee or another committee of jurisdiction of the Senate or the House of Representatives directly without obtaining or following the procedural direction otherwise required under such subclause. ; (C) by redesignating clause (iii) as clause (iv); and (D) by inserting after clause (ii) the following: (iii) An employee of the Agency who intends to report to Congress a complaint or information may report such complaint or information to the Chairman and Vice Chairman or Ranking Member, as the case may be, of an intelligence committee or another committee of jurisdiction of the Senate or the House of Representatives, a nonpartisan member of the committee staff designated for purposes of receiving complaints or information under this section, or a member of the majority staff and a member of the minority staff of the committee. . (3) Clarification of right to report directly to congress Subparagraph (A) of such section is amended— (A) by inserting (i) An employee of (B) by adding at the end the following: (ii) Subject to clauses (ii) and (iii) of subparagraph (D), an employee of the Agency who intends to report to Congress a complaint or information may report such complaint or information directly to Congress, regardless of whether the complaint or information is with respect to an urgent concern— (I) in lieu of reporting such complaint or information under clause (i); or (II) in addition to reporting such complaint or information under clause (i). . (d) Rule of construction Nothing in this section or an amendment made by this section shall be construed to revoke or diminish any right of an individual provided by section 2303 of title 5, United States Code. 602. Prohibition against disclosure of whistleblower identity as reprisal against whistleblower disclosure by employees and contractors in intelligence community (a) In general Section 1104 of the National Security Act of 1947 ( 50 U.S.C. 3234 (1) in subsection (a)(3) of such section— (A) in subparagraph (I), by striking ; or (B) by redesignating subparagraph (J) as subparagraph (K); and (C) by inserting after subparagraph (I) the following: (J) a knowing and willful disclosure revealing the identity or other personally identifiable information of an employee or contractor employee so as to identify the employee or contractor employee as an employee or contractor employee who has made a lawful disclosure described in subsection (b) or (c); or ; (2) by redesignating subsections (f) and (g) as subsections (g) and (h), respectively; and (3) by inserting after subsection (e) the following: (f) Personnel actions involving disclosure of whistleblower identity A personnel action described in subsection (a)(3)(J) shall not be considered to be in violation of subsection (b) or (c) under the following circumstances: (1) The personnel action was taken with the express consent of the employee or contractor employee. (2) An Inspector General with oversight responsibility for a covered intelligence community element determines that— (A) the personnel action was unavoidable under section 103H(g)(3)(A) of this Act ( 50 U.S.C. 3033(g)(3)(A) 50 U.S.C. 3517(e)(3)(A) section 420(b)(2)(B) (B) the personnel action was made to an official of the Department of Justice responsible for determining whether a prosecution should be undertaken; or (C) the personnel action was required by statute or an order from a court of competent jurisdiction. . (b) Applicability to detailees Subsection (a) of section 1104 of such Act ( 50 U.S.C. 3234 (5) Employee The term employee . (c) Harmonization of enforcement Subsection (g) of such section, as redesignated by subsection (a)(2) of this section, is amended to read as follows: (g) Enforcement (1) In general Except as otherwise provided in this subsection, the President shall provide for the enforcement of this section. (2) Harmonization with other enforcement To the fullest extent possible, the President shall provide for enforcement of this section in a manner that is consistent with the enforcement of section 2302(b)(8) of title 5, United States Code, especially with respect to policies and procedures used to adjudicate alleged violations of such section. . 603. Establishing process parity for adverse security clearance and access determinations Subparagraph (C) of section 3001(j)(4) of the Intelligence Reform and Terrorism Prevention Act of 2004 ( 50 U.S.C. 3341(j)(4) (C) Contributing factor (i) In general Subject to clause (iii), in determining whether the adverse security clearance or access determination violated paragraph (1), the agency shall find that paragraph (1) was violated if the individual has demonstrated that a disclosure described in paragraph (1) was a contributing factor in the adverse security clearance or access determination taken against the individual. (ii) Circumstantial evidence An individual under clause (i) may demonstrate that the disclosure was a contributing factor in the adverse security clearance or access determination taken against the individual through circumstantial evidence, such as evidence that— (I) the official making the determination knew of the disclosure; and (II) the determination occurred within a period such that a reasonable person could conclude that the disclosure was a contributing factor in the determination. (iii) Defense In determining whether the adverse security clearance or access determination violated paragraph (1), the agency shall not find that paragraph (1) was violated if, after a finding that a disclosure was a contributing factor, the agency demonstrates by clear and convincing evidence that it would have made the same security clearance or access determination in the absence of such disclosure. . 604. Elimination of cap on compensatory damages for retaliatory revocation of security clearances and access determinations Section 3001(j)(4)(B) of the Intelligence Reform and Terrorism Prevention Act of 2004 ( 50 U.S.C. 3341(j)(4)(B) not to exceed $300,000 605. Modification and repeal of reporting requirements (a) Modification of frequency of whistleblower notifications to Inspector General of the Intelligence Community Section 5334(a) of the Damon Paul Nelson and Matthew Young Pollard Intelligence Authorization Act for Fiscal Years 2018, 2019, and 2020 ( Public Law 116–92 50 U.S.C. 3033 in real time monthly (b) Repeal of requirement for Inspectors General reviews of enhanced personnel security programs (1) In general Section 11001 of title 5, United States Code, is amended— (A) by striking subsection (d); and (B) by redesignating subsection (e) as subsection (d). (2) Technical corrections Subsection (d) of section 11001 (A) in paragraph (3), by adding and (B) in paragraph (4), by striking ; and VII Classification reform A Classification Reform Act of 2023 701. Short title This subtitle may be cited as the Classification Reform Act of 2023 702. Definitions In this subtitle: (1) Agency The term agency section 102 (2) Classify, classified, classification The terms classify classified classification 50 U.S.C. 3161 (3) Classified information The term classified information 50 U.S.C. 3161 (4) Declassify, declassified, declassification The terms declassify declassified declassification 50 U.S.C. 3161 (5) Information The term information 703. Classification and declassification of information (a) In general The President may, in accordance with this section, protect from unauthorized disclosure any information owned by, produced by or for, or under the control of the executive branch of the Federal Government when there is a demonstrable need to do so in order to protect the national security of the United States. (b) Establishment of standards and procedures for classification and declassification (1) Governmentwide procedures (A) Classification The President shall, to the extent necessary, establish categories of information that may be classified and procedures for classifying information under subsection (a). (B) Declassification At the same time the President establishes categories and procedures under subparagraph (A), the President shall establish procedures for declassifying information that was previously classified. (C) Minimum requirements The procedures established pursuant to subparagraphs (A) and (B) shall— (i) provide that information may be classified under this section, and may remain classified under this section, only if the harm to national security that might reasonably be expected from disclosure of such information outweighs the public interest in disclosure of such information; (ii) establish standards and criteria for the classification of information; (iii) establish standards, criteria, and timelines for the declassification of information classified under this section; (iv) provide for the automatic declassification of classified records with permanent historical value; (v) provide for the timely review of materials submitted for pre-publication; (vi) narrow the criteria for classification set forth under section 1.4 of Executive Order 13526 ( 50 U.S.C. 3161 (vii) narrow the exemptions from automatic declassification set forth under section 3.3(b) of Executive Order 13526 ( 50 U.S.C. 3161 (viii) provide a clear and specific definition of harm to national security (ix) provide a clear and specific definition of intelligence sources and methods (2) Agency standards and procedures (A) In general The head of each agency shall establish a single set of consolidated standards and procedures to permit such agency to classify and declassify information created by such agency in accordance with the categories and procedures established by the President under this section and otherwise to carry out this section. (B) Submittal to Congress Each agency head shall submit to Congress the standards and procedures established by such agency head under subparagraph (A). (c) Conforming amendment to FOIA Section 552(b)(1) of title 5, United States Code, is amended to read as follows: (1) (A) specifically authorized to be classified under section 703 of the Intelligence Authorization Act for Fiscal Year 2024 (B) are in fact properly classified pursuant to that section or Executive order; . (d) Effective date (1) In general Subsections (a) and (b) shall take effect on the date that is 180 days after the date of the enactment of this Act. (2) Relation to Presidential directives Presidential directives regarding classifying, safeguarding, and declassifying national security information, including Executive Order 13526 ( 50 U.S.C. 3161 704. Transparency officers (a) Designation The Attorney General, the Secretary of Defense, the Secretary of State, the Secretary of the Treasury, the Secretary of Health and Human Services, the Secretary of Homeland Security, the Director of National Intelligence, the Director of the Central Intelligence Agency, the Director of the National Security Agency, the Director of the Federal Bureau of Investigation, and the head of any other department, agency, or element of the executive branch of the Federal Government determined by the Privacy and Civil Liberties Oversight Board established by section 1061 of the Intelligence Reform and Terrorism Prevention Act of 2004 ( 42 U.S.C. 2000ee (b) Determining public interest in disclosure In assisting the head of a department, agency, or element and other officials of such department, agency, or element in identifying records of significant public interest under subsection (a), the senior officer designated by the head under such subsection shall consider whether— (1) or not disclosure of the information would better enable United States citizens to hold Federal Government officials accountable for their actions and policies; (2) or not disclosure of the information would assist the United States criminal justice system in holding persons responsible for criminal acts or acts contrary to the Constitution; (3) or not disclosure of the information would assist Congress or any committee or subcommittee thereof, in carrying out its oversight responsibilities with regard to the executive branch of the Federal Government or in adequately informing itself of executive branch policies and activities in order to carry out its legislative responsibilities; (4) the disclosure of the information would assist Congress or the public in understanding the interpretation of the Federal Government of a provision of law, including Federal regulations, Presidential directives, statutes, case law, and the Constitution of the United States; or (5) or not disclosure of the information would bring about any other significant benefit, including an increase in public awareness or understanding of Government activities or an enhancement of Federal Government efficiency. (c) Periodic reports (1) In general Each senior officer designated under subsection (a) shall periodically, but not less frequently than annually, submit a report on the activities of the officer, including the documents determined to be in the public interest for disclosure under subsection (b), to— (A) the Committee on Homeland Security and Governmental Affairs and the Select Committee on Intelligence of the Senate; (B) the Committee on Oversight and Government Reform and the Permanent Select Committee on Intelligence of the House of Representatives; and (C) the head of the department, agency, or element of the senior officer. (2) Form Each report submitted pursuant to paragraph (1) shall be submitted, to the greatest extent possible, in unclassified form, with a classified annex as may be necessary. B Sensible Classification Act of 2023 711. Short title This subtitle may be cited as the Sensible Classification Act of 2023 712. Definitions In this subtitle: (1) Agency The term agency Executive agency (2) Classification The term classification (3) Classified information The term classified information 50 U.S.C. 3161 (4) Declassification The term declassification (5) Document The term document (6) Downgrade The term downgrade (7) Information The term information (8) Originate, originating, and originated The term originate originating originated (9) Records The term records (10) Security clearance The term security clearance (11) Unauthorized disclosure The term unauthorized disclosure (12) Unclassified information The term unclassified information 713. Findings and sense of the Senate (a) Findings The Senate makes the following findings: (1) According to a report released by the Office of the Director of Intelligence in 2020 titled Fiscal Year 2019 Annual Report on Security Clearance Determinations (2) At least 1,300,000 of such individuals have been granted access to information classified at the Top Secret level. (b) Sense of the Senate It is the sense of the Senate that— (1) the classification system of the Federal Government is in urgent need of reform; (2) the number of people with access to classified information is exceedingly high and must be justified or reduced; (3) reforms are necessary to reestablish trust between the Federal Government and the people of the United States; and (4) classification should be limited to the minimum necessary to protect national security while balancing the public’s interest in disclosure. 714. Classification authority (a) In general The authority to classify information originally may be exercised only by— (1) the President and, in the performance of executive duties, the Vice President; (2) the head of an agency or an official of any agency authorized by the President pursuant to a designation of such authority in the Federal Register; and (3) an official of the Federal Government to whom authority to classify information originally has been delegated pursuant to subsection (c). (b) Scope of authority An individual authorized by this section to classify information originally at a specified level may also classify the information originally at a lower level. (c) Delegation of original classification authority An official of the Federal Government may be delegated original classification authority subject to the following: (1) Delegation of original classification authority shall be limited to the minimum required to administer this section. Agency heads shall be responsible for ensuring that designated subordinate officials have a demonstrable and continuing need to exercise this authority. (2) Authority to originally classify information at the level designated as Top Secret (3) Authority to originally classify information at the level designated as Secret Confidential 50 U.S.C. 3161 Top Secret (4) Each delegation of original classification authority shall be in writing and the authority shall not be redelegated except as provided by paragraphs (1), (2), and (3). Each delegation shall identify the official by name or position title. (d) Training required (1) In general An individual may not be delegated original classification authority under this section unless the individual has first received training described in paragraph (2). (2) Training described Training described in this paragraph is training on original classification that includes instruction on the proper safeguarding of classified information and of the criminal, civil, and administrative sanctions that may be brought against an individual who fails to protect classified information from unauthorized disclosure. (e) Exceptional cases (1) In general When an employee, contractor, licensee, certificate holder, or grantee of an agency who does not have original classification authority originates information believed by that employee, contractor, licensee, certificate holder, or grantee to require classification, the information shall be protected in a manner consistent with Executive Order 13526 ( 50 U.S.C. 3161 (2) Transmittal An employee, contractor, licensee, certificate holder, or grantee described in paragraph (1), who originates information described in such paragraph, shall promptly transmit such information to— (A) the agency that has appropriate subject matter interest and classification authority with respect to this information; or (B) if it is not clear which agency has appropriate subject matter interest and classification authority with respect to the information, the Director of the Information Security Oversight Office. (3) Agency decisions An agency that receives information pursuant to paragraph (2)(A) or (4) shall decide within 30 days whether to classify this information. (4) Information Security Oversight Office action If the Director of the Information Security Oversight Office receives information under paragraph (2)(B), the Director shall determine the agency having appropriate subject matter interest and classification authority and forward the information, with appropriate recommendations, to that agency for a classification determination. 715. Promoting efficient declassification review (a) In general Whenever an agency is processing a request pursuant to section 552 of title 5, United States Code (commonly known as the Freedom of Information Act 50 U.S.C. 3161 (b) Application Subsection (a) shall apply— (1) regardless of whether or not the record described in such subsection is in the legal custody of the National Archives and Records Administration; and (2) without regard for any other provisions of law or existing agreements or practices between agencies. 716. Training to promote sensible classification (a) Definitions In this section: (1) Over-classification The term over-classification (2) Sensible classification The term sensible classification (b) Training required Each head of an agency with classification authority shall conduct training for employees of the agency with classification authority to discourage over-classification and to promote sensible classification. 717. Improvements to Public Interest Declassification Board Section 703 of the Public Interest Declassification Act of 2000 ( 50 U.S.C. 3355a (1) in subsection (c), by adding at the end the following: (5) A member of the Board whose term has expired may continue to serve until a successor is appointed and sworn in. ; and (2) in subsection (f)— (A) by inserting (1) Any employee (B) by adding at the end the following: (2) (A) In addition to any employees detailed to the Board under paragraph (1), the Board may hire not more than 12 staff members. (B) There are authorized to be appropriated to carry out subparagraph (A) such sums as are necessary for fiscal year 2024 and each fiscal year thereafter. . 718. Implementation of technology for classification and declassification (a) In general Not later than 1 year after the date of the enactment of this Act, the Administrator of the Office of Electronic Government (in this section referred to as the Administrator (1) research a technology-based solution— (A) utilizing machine learning and artificial intelligence to support efficient and effective systems for classification and declassification; and (B) to be implemented on an interoperable and federated basis across the Federal Government; and (2) submit to the President a recommendation regarding a technology-based solution described in paragraph (1) that should be adopted by the Federal Government. (b) Staff The Administrator may hire sufficient staff to carry out subsection (a). (c) Report Not later than 540 days after the date of the enactment of this Act, the President shall submit to Congress a classified report on the technology-based solution recommended by the Administrator under subsection (a)(2) and the President’s decision regarding its adoption. 719. Studies and recommendations on necessity of security clearances (a) Agency studies on necessity of security clearances (1) Studies required The head of each agency that grants security clearances to personnel of such agency shall conduct a study on the necessity of such clearances. (2) Reports required (A) In general Not later than 1 year after the date of the enactment of this Act, each head of an agency that conducts a study under paragraph (1) shall submit to Congress a report on the findings of the agency head with respect to such study, which the agency head may classify as appropriate. (B) Required elements Each report submitted by the head of an agency under subparagraph (A) shall include, for such agency, the following: (i) The number of personnel eligible for access to information up to the Top Secret (ii) The number of personnel eligible for access to information up to the Secret (iii) Information on any reduction in the number of personnel eligible for access to classified information based on the study conducted under paragraph (1). (iv) A description of how the agency head will ensure that the number of security clearances granted by such agency will be kept to the minimum required for the conduct of agency functions, commensurate with the size, needs, and mission of the agency. (3) Industry This subsection shall apply to the Secretary of Defense in the Secretary's capacity as the Executive Agent for the National Industrial Security Program, and the Secretary shall treat contractors, licensees, and grantees as personnel of the Department of Defense for purposes of the studies and reports required by this subsection. (b) Director of National Intelligence review of sensitive compartmented information The Director of National Intelligence shall— (1) review the number of personnel eligible for access to sensitive compartmented information; and (2) submit to Congress a report on how the Director will ensure that the number of such personnel is limited to the minimum required. (c) Agency review of special access programs Each head of an agency who is authorized to establish a special access program by Executive Order 13526 ( 50 U.S.C. 3161 (1) review the number of personnel of the agency eligible for access to such special access programs; and (2) submit to Congress a report on how the agency head will ensure that the number of such personnel is limited to the minimum required. (d) Secretary of Energy review of Q and L clearances The Secretary of Energy shall— (1) review the number of personnel of the Department of Energy granted Q and L access; and (2) submit to Congress a report on how the Secretary will ensure that the number of such personnel is limited to the minimum required (e) Independent reviews Not later than 180 days after the date on which a study is completed under subsection (a) or a review is completed under subsections (b) through (d), the Director of the Information Security Oversight Office of the National Archives and Records Administration, the Director of National Intelligence, and the Public Interest Declassification Board shall each review the study or review, as the case may be. VIII Security clearance and trusted workforce 801. Review of shared information technology services for personnel vetting (a) Definition of appropriate committees of Congress In this section, the term appropriate committees of Congress (1) the congressional intelligence committees; (2) the Committee on Armed Services and the Subcommittee on Defense of the Committee on Appropriations of the Senate; and (3) the Committee on Armed Services and the Subcommittee on Defense of the Committee on Appropriations of the House of Representatives. (b) In general Not later than 1 year after the date of the enactment of this Act, the Director of National Intelligence shall submit to the appropriate committees of Congress a review of the extent to which the intelligence community can use information technology services shared among the intelligence community for purposes of personnel vetting, including with respect to human resources, suitability, and security. 802. Timeliness standard for rendering determinations of trust for personnel vetting (a) Timeliness standard (1) In general The President shall, acting through the Security Executive Agent and the Suitability and Credentialing Executive Agent, establish and publish in such public venue as the President considers appropriate, new timeliness performance standards for processing personnel vetting trust determinations in accordance with the Federal personnel vetting performance management standards. (2) Quinquennial reviews Not less frequently than once every 5 years, the President shall, acting through the Security Executive Agent and the Suitability and Credentialing Executive Agent— (A) review the standards established pursuant to paragraph (1); and (B) pursuant to such review— (i) update such standards as the President considers appropriate; and (ii) publish in the Federal Register such updates as may be made pursuant to clause (i). (3) Conforming amendment Section 3001 of the Intelligence Reform and Terrorism Prevention Act of 2004 ( 50 U.S.C. 3341 (b) Quarterly reports on implementation (1) In general Not less frequently than quarterly, the Security Executive Agent and the Suitability and Credentialing Executive Agent shall jointly make available to the public a quarterly report on the compliance of Executive agencies (as defined in section 105 of title 5, United States Code) with the standards established pursuant to subsection (a). (2) Disaggregation Each report made available pursuant to paragraph (1) shall disaggregate, to the greatest extent practicable, data by appropriate category of personnel risk and between Government and contractor personnel. (c) Complementary standards for intelligence community The Director of National Intelligence may, in consultation with the Security, Suitability, and Credentialing Performance Accountability Council established pursuant to Executive Order 13467 ( 50 U.S.C. 3161 803. Annual report on personnel vetting trust determinations (a) Definition of personnel vetting trust determination In this section, the term personnel vetting trust determination (b) Annual report Not later than March 30, 2024, and annually thereafter for 5 years, the Director of National Intelligence, acting as the Security Executive Agent, and the Director of the Office of Personnel Management, acting as the Suitability and Credentialing Executive Agent, in coordination with the Security, Suitability, and Credentialing Performance Accountability Council, shall jointly make available to the public a report on specific types of personnel vetting trust determinations made during the fiscal year preceding the fiscal year in which the report is made available, disaggregated, to the greatest extent possible, by the following: (1) Determinations of eligibility for national security-sensitive positions, separately noting— (A) the number of individuals granted access to national security information; and (B) the number of individuals determined to be eligible for but not granted access to national security information. (2) Determinations of suitability or fitness for a public trust position. (3) Status as a Government employee, a contractor employee, or other category. (c) Elimination of report requirement Section 3001 of the Intelligence Reform and Terrorism Prevention Act of 2004 ( 50 U.S.C. 3341 804. Survey to assess strengths and weaknesses of Trusted Workforce 2.0 Not later than 1 year after the date of the enactment of this Act, and once every 2 years thereafter until 2029, the Comptroller General of the United States shall administer a survey to such sample of Federal agencies, Federal contractors, and other persons that require security clearances to access classified information as the Comptroller General considers appropriate to assess— (1) the strengths and weaknesses of the implementation of the Trusted Workforce 2.0 initiative; and (2) the effectiveness of vetting Federal personnel while managing risk during the onboarding of such personnel. 805. Prohibition on denial of eligibility for access to classified information solely because of past use of cannabis (a) Definitions In this section: (1) Cannabis The term cannabis marihuana 21 U.S.C. 802 (2) Eligibility for access to classified information The term eligibility for access to classified information 50 U.S.C. 3161(a) (b) Prohibition Notwithstanding any other provision of law, the head of an element of the intelligence community may not make a determination to deny eligibility for access to classified information to an individual based solely on the use of cannabis by the individual prior to the submission of the application for a security clearance by the individual. IX Anomalous health incidents 901. Improved funding flexibility for payments made by the Central Intelligence Agency for qualifying injuries to the brain Section 19A(d) of the Central Intelligence Agency Act of 1949 ( 50 U.S.C. 3519b(d) (3) Funding (A) In general Payment under paragraph (2) in a fiscal year may be made using any funds— (i) appropriated in advance specifically for payments under such paragraph; or (ii) reprogrammed in accordance with section 504 of the National Security Act of 1947 ( 50 U.S.C. 3094 (B) Budget For each fiscal year, the Director shall include with the budget justification materials submitted to Congress in support of the budget of the President for that fiscal year pursuant to section 1105(a) of title 31, United States Code, an estimate of the funds required in that fiscal year to make payments under paragraph (2). . 902. Clarification of requirements to seek certain benefits relating to injuries to the brain (a) In general Section 19A(d)(5) of the Central Intelligence Agency Act of 1949 ( 50 U.S.C. 3519b(d)(5) (1) by striking Payments made (A) In general Payments made ; and (2) by adding at the end the following: (B) Relation to certain Federal workers compensation laws Without regard to the requirements in sections (b) and (c), covered employees need not first seek benefits provided under chapter 81 . (b) Regulations Not later than 90 days after the date of the enactment of this Act, the Director of the Central Intelligence Agency shall— (1) revise applicable regulations to conform with the amendment made by subsection (a); and (2) submit to the congressional intelligence committees, the Subcommittee on Defense of the Committee on Appropriations of the Senate, and the Subcommittee on Defense of the Committee on Appropriations of the House of Representatives copies of such regulations, as revised pursuant to paragraph (1). 903. Intelligence community implementation of HAVANA Act of 2021 authorities (a) Regulations Except as provided in subsection (c), not later than 180 days after the date of the enactment of this Act, each head of an element of the intelligence community that has not already done so shall— (1) issue regulations and procedures to implement the authorities provided by section 19A(d) of the Central Intelligence Agency Act of 1949 ( 50 U.S.C. 3519b(d) 22 U.S.C. 2680b(i) (2) submit to the congressional intelligence, the Subcommittee on Defense of the Committee on Appropriations of the Senate, and the Subcommittee on Defense of the Committee on Appropriations of the House of Representatives committees copies of such regulations. (b) Reporting Not later than 210 days after the date of the enactment of this Act, each head of an element of the intelligence community shall submit to the congressional intelligence committees, the Subcommittee on Defense of the Committee on Appropriations of the Senate, and the Subcommittee on Defense of the Committee on Appropriations of the House of Representatives a report on— (1) the estimated number of individuals associated with their element that may be eligible for payment under the authorities described in subsection (a)(1); (2) an estimate of the obligation that the head of the intelligence community element expects to incur in fiscal year 2025 as a result of establishing the regulations pursuant to subsection (a)(1); and (3) any perceived barriers or concerns in implementing such authorities. (c) Alternative reporting Not later than 180 days after the date of the enactment of this Act, each head of an element of the intelligence community (other than the Director of the Central Intelligence Agency) who believes that the authorities described in subsection (a)(1) are not currently relevant for individuals associated with their element, or who are not otherwise in position to issue the regulations and procedures required by subsection (a)(1) shall provide written and detailed justification to the congressional intelligence committees, the Subcommittee on Defense of the Committee on Appropriations of the Senate, and the Subcommittee on Defense of the Committee on Appropriations of the House of Representatives to explain this position. 904. Report and briefing on Central Intelligence Agency handling of anomalous health incidents (a) Definitions In this section: (1) Agency The term Agency (2) Qualifying injury The term qualifying injury 50 U.S.C. 3519b(d)(1) (b) In general Not later than 60 days after the date of the enactment of this Act, the Director of the Central Intelligence Agency shall submit to the congressional intelligence committees a report on the handling of anomalous health incidents by the Agency. (c) Contents The report required by subsection (b) shall include the following: (1) HAVANA Act implementation (A) An explanation of how the Agency determines whether a reported anomalous health incident resulted in a qualifying injury or a qualifying injury to the brain. (B) The number of participants of the Expanded Care Program of the Central Intelligence Agency who— (i) have a certified qualifying injury or a certified qualifying injury to the brain; and (ii) as of September 30, 2023, applied to the Expanded Care Program due to a reported anomalous health incident. (C) A comparison of the number of anomalous health incidents reported by applicants to the Expanded Care Program that occurred in the United States and that occurred in a foreign country. (D) The specific reason each applicant was approved or denied for payment under the Expanded Care Program. (E) The number of applicants who were initially denied payment but were later approved on appeal. (F) The average length of time, from the time of application, for an applicant to receive a determination from the Expanded Care Program, aggregated by qualifying injuries and qualifying injuries to the brain. (2) Priority cases (A) A detailed list of priority cases of anomalous health incidents, including, for each incident, locations, dates, times, and circumstances. (B) For each priority case listed in accordance with subparagraph (A), a detailed explanation of each credible alternative explanation that the Agency assigned to the incident, including— (i) how the incident was discovered; (ii) how the incident was assigned within the Agency; and (iii) whether an individual affected by the incident is provided an opportunity to appeal the credible alternative explanation. (C) For each priority case of an anomalous health incident determined to be largely consistent with the definition of anomalous health incident (3) Anomalous health incident sensors (A) A list of all types of sensors that the Agency has developed or deployed with respect to reports of anomalous health incidents, including, for each type of sensor, the deployment location, the date and the duration of the employment of such type of sensor, and, if applicable, the reason for removal. (B) A list of entities to which the Agency has provided unrestricted access to data associated with anomalous health incidents. (C) A list of requests for support the Agency has received from elements of the Federal Government regarding sensor development, testing, or deployment, and a description of the support provided in each case. (D) A description of all emitter signatures obtained by sensors associated with anomalous health incidents in Agency holdings since 2016, including— (i) the identification of any of such emitters that the Agency prioritizes as a threat; and (ii) an explanation of such prioritization. (d) Additional submissions Concurrent with the submission of the report required by subsection (b), the Director of the Central Intelligence Agency shall submit to the congressional intelligence committees, the Subcommittee on Defense of the Committee on Appropriations of the Senate, and the Subcommittee on Defense of the Committee on Appropriations of the House of Representatives— (1) a template of each form required to apply for the Expanded Care Program, including with respect to payments for a qualifying injury or a qualifying injury to the brain; (2) copies of internal guidance used by the Agency to adjudicate claims for the Expanded Care Program, including with respect to payments for a qualifying injury to the brain; (3) the case file of each applicant to the Expanded Care Program who applied due to a reported anomalous health incident, including supporting medical documentation, with name and other identifying information redacted; (4) copies of all informational and instructional materials provided to employees of and other individuals affiliated with the Agency with respect to applying for the Expanded Care Program; and (5) copies of Agency guidance provided to employees of and other individuals affiliated with the Agency with respect to reporting and responding to a suspected anomalous health incident, and the roles and responsibilities of each element of the Agency tasked with responding to a report of an anomalous health incident. (e) Briefing Not later than 90 days after the date of the enactment of this Act, the Director of the Central Intelligence Agency shall brief the congressional intelligence committees, the Subcommittee on Defense of the Committee on Appropriations of the Senate, and the Subcommittee on Defense of the Committee on Appropriations of the House of Representatives on the report. X Election security 1001. Strengthening Election Cybersecurity to Uphold Respect for Elections through Independent Testing Act of 2023 (a) Requiring penetration testing as part of the testing and certification of voting systems Section 231 of the Help America Vote Act of 2002 ( 52 U.S.C. 20971 (e) Required penetration testing (1) In general Not later than 180 days after the date of the enactment of this subsection, the Commission shall provide for the conduct of penetration testing as part of the testing, certification, decertification, and recertification of voting system hardware and software by accredited laboratories under this section. (2) Accreditation The Director of the National Institute of Standards and Technology shall recommend to the Commission entities the Director proposes be accredited to carry out penetration testing under this subsection and certify compliance with the penetration testing-related guidelines required by this subsection. The Commission shall vote on the accreditation of any entity recommended. The requirements for such accreditation shall be a subset of the requirements for accreditation of laboratories under subsection (b) and shall only be based on consideration of an entity's competence to conduct penetration testing under this subsection. . (b) Independent security testing and coordinated cybersecurity vulnerability disclosure program for election systems (1) In general Subtitle D of title II of the Help America Vote Act of 2002 ( 42 U.S.C. 15401 et seq. 7 Independent security testing and coordinated cybersecurity vulnerability disclosure pilot program for election systems 297. Independent security testing and coordinated cybersecurity vulnerability disclosure pilot program for election systems (a) In general (1) Establishment The Commission, in consultation with the Secretary, shall establish an Independent Security Testing and Coordinated Vulnerability Disclosure Pilot Program for Election Systems (VDP–E) (in this section referred to as the program (2) Duration The program shall be conducted for a period of 5 years. (3) Requirements In carrying out the program, the Commission, in consultation with the Secretary, shall— (A) establish a mechanism by which an election systems vendor may make their election system (including voting machines and source code) available to cybersecurity researchers participating in the program; (B) provide for the vetting of cybersecurity researchers prior to their participation in the program, including the conduct of background checks; (C) establish terms of participation that— (i) describe the scope of testing permitted under the program; (ii) require researchers to— (I) notify the vendor, the Commission, and the Secretary of any cybersecurity vulnerability they identify with respect to an election system; and (II) otherwise keep such vulnerability confidential for 180 days after such notification; (iii) require the good faith participation of all participants in the program; (iv) require an election system vendor, within 180 days after validating notification of a critical or high vulnerability (as defined by the National Institute of Standards and Technology) in an election system of the vendor, to— (I) send a patch or propound some other fix or mitigation for such vulnerability to the appropriate State and local election officials, in consultation with the researcher who discovered it; and (II) notify the Commission and the Secretary that such patch has been sent to such officials; (D) in the case where a patch or fix to address a vulnerability disclosed under subparagraph (C)(ii)(I) is intended to be applied to a system certified by the Commission, provide— (i) for the expedited review of such patch or fix within 90 days after receipt by the Commission; and (ii) if such review is not completed by the last day of such 90 day period, that such patch or fix shall be deemed to be certified by the Commission, subject to any subsequent review of such determination by the Commission; and (E) 180 days after the disclosure of a vulnerability under subparagraph (C)(ii)(I), notify the Director of the Cybersecurity and Infrastructure Security Agency of the vulnerability for inclusion in the database of Common Vulnerabilities and Exposures. (4) Voluntary participation; safe harbor (A) Voluntary participation Participation in the program shall be voluntary for election systems vendors and researchers. (B) Safe harbor When conducting research under this program, such research and subsequent publication shall be considered to be: (i) Authorized in accordance with section 1030 of title 18, United States Code (commonly known as the Computer Fraud and Abuse Act (ii) Exempt from the anti-circumvention rule of section 1201 of title 17, United States Code (commonly known as the Digital Millennium Copyright Act (C) Rule of construction Nothing in this paragraph may be construed to limit or otherwise affect any exception to the general prohibition against the circumvention of technological measures under subparagraph (A) of section 1201(a)(1) of title 17, United States Code, including with respect to any use that is excepted from that general prohibition by the Librarian of Congress under subparagraphs (B) through (D) of such section 1201(a)(1). (5) Exempt from disclosure Cybersecurity vulnerabilities discovered under the program shall be exempt from section 552 of title 5, United States Code (commonly referred to as the Freedom of Information Act). (6) Definitions In this subsection: (A) Cybersecurity vulnerability The term cybersecurity vulnerability (B) Election infrastructure The term election infrastructure (i) storage facilities, polling places, and centralized vote tabulation locations used to support the administration of elections for public office; and (ii) related information and communications technology, including— (I) voter registration databases; (II) election management systems; (III) voting machines; (IV) electronic mail and other communications systems (including electronic mail and other systems of vendors who have entered into contracts with election agencies to support the administration of elections, manage the election process, and report and display election results); and (V) other systems used to manage the election process and to report and display election results on behalf of an election agency. (C) Election system The term election system (D) Election system vendor The term election system vendor (E) Information system The term information system (F) Secretary The term Secretary (G) Security vulnerability The term security vulnerability 6 U.S.C. 1501 . (2) Clerical amendment The table of contents of such Act is amended by adding at the end of the items relating to subtitle D of title II the following: PART 7—Independent security testing and coordinated cybersecurity vulnerability disclosure program for election systems Sec. 297. Independent security testing and coordinated cybersecurity vulnerability disclosure program for election systems. . XI Other matters 1101. Modification of reporting requirement for All-domain Anomaly Resolution Office Section 1683(k)(1) of the National Defense Authorization Act for Fiscal Year 2022 ( 50 U.S.C. 3373(k)(1) Public Law 117–263 (1) in the heading, by striking Director of National Intelligence and Secretary of Defense All-domain Anomaly Resolution Office (2) in subparagraph (A), by striking Director of National Intelligence and the Secretary of Defense shall jointly Director of the Office shall 1102. Funding limitations relating to unidentified anomalous phenomena (a) Definitions In this section: (1) Appropriate committees of Congress The term appropriate committees of Congress (A) the Select Committee on Intelligence, the Committee on Armed Services, and the Committee on Appropriations of the Senate; and (B) the Permanent Select Committee on Intelligence, the Committee on Armed Services, and the Committee on Appropriations of the House of Representatives. (2) Congressional leadership The term congressional leadership (A) the majority leader of the Senate; (B) the minority leader of the Senate; (C) the Speaker of the House of Representatives; and (D) the minority leader of the House of Representatives. (3) Director The term Director (4) Unidentified anomalous phenomena The term unidentified anomalous phenomena 50 U.S.C. 3373(n) Public Law 117–263 (b) Sense of Congress It is the sense of Congress that, due to the increasing potential for technology surprise from foreign adversaries and to ensure sufficient integration across the United States industrial base and avoid technology and security stovepipes— (1) the United States industrial base must retain its global lead in critical advanced technologies; and (2) the Federal Government must expand awareness about any historical exotic technology antecedents previously provided by the Federal Government for research and development purposes. (c) Limitations No amount authorized to be appropriated by this Act may be obligated or expended, directly or indirectly, in part or in whole, for, on, in relation to, or in support of activities involving unidentified anomalous phenomena protected under any form of special access or restricted access limitations that have not been formally, officially, explicitly, and specifically described, explained, and justified to the appropriate committees of Congress, congressional leadership, and the Director, including for any activities relating to the following: (1) Recruiting, employing, training, equipping, and operations of, and providing security for, government or contractor personnel with a primary, secondary, or contingency mission of capturing, recovering, and securing unidentified anomalous phenomena craft or pieces and components of such craft. (2) Analyzing such craft or pieces or components thereof, including for the purpose of determining properties, material composition, method of manufacture, origin, characteristics, usage and application, performance, operational modalities, or reverse engineering of such craft or component technology. (3) Managing and providing security for protecting activities and information relating to unidentified anomalous phenomena from disclosure or compromise. (4) Actions relating to reverse engineering or replicating unidentified anomalous phenomena technology or performance based on analysis of materials or sensor and observational information associated with unidentified anomalous phenomena. (5) The development of propulsion technology, or aerospace craft that uses propulsion technology, systems, or subsystems, that is based on or derived from or inspired by inspection, analysis, or reverse engineering of recovered unidentified anomalous phenomena craft or materials. (6) Any aerospace craft that uses propulsion technology other than chemical propellants, solar power, or electric ion thrust. (d) Notification and reporting Any person currently or formerly under contract with the Federal Government that has in their possession material or information provided by or derived from the Federal Government relating to unidentified anomalous phenomena that formerly or currently is protected by any form of special access or restricted access shall— (1) not later than 60 days after the date of the enactment of this Act, notify the Director of such possession; and (2) not later than 180 days after the date of the enactment of this Act, make available to the Director for assessment, analysis, and inspection— (A) all such material and information; and (B) a comprehensive list of all non-earth origin or exotic unidentified anomalous phenomena material. (e) Liability No criminal or civil action may lie or be maintained in any Federal or State court against any person for receiving material or information described in subsection (d) if that person complies with the notification and reporting provisions described in such subsection. (f) Limitation regarding independent research and development (1) In general Consistent with Department of Defense Instruction Number 3204.01 (dated August 20, 2014, incorporating change 2, dated July 9, 2020; relating to Department policy for oversight of independent research and development), independent research and development funding relating to material or information described in subsection (c) shall not be allowable as indirect expenses for purposes of contracts covered by such instruction, unless such material and information is made available to the Director in accordance with subsection (d). (2) Effective date and applicability Paragraph (1) shall take effect on the date that is 60 days after the date of the enactment of this Act and shall apply with respect to funding from amounts appropriated before, on, or after such date. (g) Notice to Congress Not later than 30 days after the date on which the Director has received a notification under paragraph (1) of subsection (d) or information or material under paragraph (2) of such subsection, the Director shall provide written notification of such receipt to the appropriate committees of Congress, the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Oversight and Accountability of the House of Representatives, and congressional leadership. Passed the Senate July 27, 2023. Secretary

National Defense Authorization Act for Fiscal Year 2024

Preventing the Financing of Illegal Synthetic Drugs Act This bill requires the Government Accountability Office to study illicit financing in connection with the trafficking of synthetic drugs, including fentanyl and methamphetamine, fentanyl- and methamphetamine-related substances, Captagon, and fentanyl and methamphetamine precursors, and to report to Congress.

118 S2227 IS: Preventing the Financing of Illegal Synthetic Drugs Act U.S. Senate 2023-07-11 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 2227 IN THE SENATE OF THE UNITED STATES July 11, 2023 Mr. Cornyn Ms. Cortez Masto Committee on Banking, Housing, and Urban Affairs A BILL To require the Comptroller General of the United States to carry out a study on the trafficking into the United States of synthetic drugs, and related illicit finance, and for other purposes. 1. Short title This Act may be cited as the Preventing the Financing of Illegal Synthetic Drugs Act 2. Findings The Congress finds the following: (1) According to the Centers for Disease Control and Prevention, over 107,000 people in the United States died from drug overdoses or drug poisonings in the 12-month period ending January 2022, with 67 percent of those deaths involving synthetic opioids like fentanyl. (2) According to the United National Office of Drugs and Crime in its Synthetic Drug Strategy 2021-2025 (3) In October 2022, F. Michael McDaniel, director of the Houston High Intensity Drug Trafficking Areas program testified in Congress that 1 kilogram of fentanyl can produce 1,000,000 counterfeit pills containing 1 milligram of fentanyl, saying, Currently in Houston, Texas, you can buy a kilogram of fentanyl for an average price of $25,000 to $30,000. This same kilogram of fentanyl in Culiacán (Mexico) could be purchased at an average price of $13,500. Currently, the price of a fentanyl pill in Houston ranges from $6 to $65. Therefore, an illicit investment of $30,000 or less could result in a return of $6 to $32.5 million. (4) According to Celina B. Realuyo, Adjunct Professor, The George Washington University Elliott School of International Affairs, in March 2022 Congressional testimony, Financing is essential to support and sustain the command and control, personnel, arms, communications, logistics and operations of organized crime groups. For this reason, following the money trail and depriving criminals of illicit financial flows can disrupt and disable these networks. 3. GAO study on synthetic drugs trafficking (a) Study The Comptroller General of the United States shall conduct a study on illicit financing in connection with the trafficking of synthetic drugs, including fentanyl and methamphetamine, fentanyl- and methamphetamine-related substances, Captagon, and fentanyl and methamphetamine precursors, that includes— (1) the business of the trafficking of synthetic drugs and related illicit finance, such as the participation of transnational criminal organizations and terror syndicates and their notable trafficking corridors, including source and transit countries; (2) the business models used by transnational criminal organizations, including United States domestic and foreign activities for precursor purchase or production, movement along the supply chain, manufacture of the completed product, marketing, distribution, sales, and return of proceeds; (3) the overlap of the business model of human trafficking and the trafficking of synthetic drugs and related illicit finance; (4) the use of online illicit drug markets and the use of social media for the marketing, sale, and payment for synthetic drugs; (5) financial methods used by transnational criminal organizations, including— (A) payment; (B) money laundering; and (C) repatriation of proceeds; (6) the use of social media applications like Snapchat, Discord, and Facebook and payment applications like Cash App to facilitate financial transactions for synthetic drug trafficking, especially among young people; and (7) United States Government activities to combat illicit finance related to the trafficking of synthetic drugs, including— (A) interagency collaboration, such as personnel detailed to other agencies to support the effort to combat synthetic drugs trafficking and related illicit finance; (B) intergovernmental collaboration; (C) intersectoral collaboration with the private sector, including the business and nongovernmental communities; and (D) identified gaps or resource deficiencies in combating the trafficking of synthetic drugs and related illicit finance in the coordination and collaboration activities described in subparagraphs (A) through (C). (b) Report Not later than 1 year after the date of enactment of this Act, the Comptroller General shall submit to Congress a report that contains all findings and determinations made in conducting the study required under subsection (a).

Preventing the Financing of Illegal Synthetic Drugs Act

Maternal and Child Health Stillbirth Prevention Act This bill expands the scope of the Maternal and Child Health Services Block Grant to include research and activities to prevent stillbirths.

118 S2231 ES: Maternal and Child Health Stillbirth Prevention Act U.S. Senate text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. 118th CONGRESS 1st Session S. 2231 IN THE SENATE OF THE UNITED STATES AN ACT To amend title V of the Social Security Act to support stillbirth prevention and research, and for other purposes. 1. Short title This Act may be cited as the Maternal and Child Health Stillbirth Prevention Act 2. Findings Congress finds the following: (1) According to the Centers for Disease Control and Prevention— (A) in the United States, 1 in 175 births are affected by stillbirth each year amounting to approximately 21,000 stillbirths annually; (B) of the 20,854 reported stillbirths in 2020, over 5,000 were experienced by Black mothers; (C) the number of stillbirths each year is greater than the number of babies that die during the first year of life; (D) annual stillbirths are more than ten times the number of annual deaths due to Sudden Infant Death Syndrome (SIDS); (E) stillbirth occurs across all demographics and in otherwise healthy pregnancies. It is most common, however, among women who— (i) are Black or African American, at two times more likely than White women to have a stillbirth; (ii) are of lower socioeconomic status; (iii) are diagnosed with high blood pressure, diabetes, obesity, or other medical conditions; (iv) are 35 years of age or older; (v) smoke cigarettes while pregnant; (vi) have previously experienced pregnancy loss; or (vii) have multiple pregnancies, for example triplets; and (F) while the rate of stillbirth has declined since the 1940s due to improvements in maternity care, in recent years, the decline has slowed or halted. (2) According to a study by researcher Wall-Wieler et al., published in Obstetrics and Gynecology, the risk of severe maternal morbidity among stillbirth deliveries was more than fourfold higher compared with live birth deliveries (3) According to a study by researcher McClure et al., published in the International Journal of Gynecology and Obstetrics, stillbirth was significantly associated with maternal mortality (4) According to a review article by Murphy and Cacciatore, published in Seminars in Fetal & Neonatal Medicine, stillbirth has psychological impacts on parents like grief, shame, and guilt and impacts to family functioning and well-being. (5) Stillbirth, and the disparity in those impacted by stillbirth requires further research, support, and prevention programming. 3. Clarification supporting permissible use of funds for stillbirth prevention activities Section 501(a) of the Social Security Act ( 42 U.S.C. 701(a) (1) in paragraph (1)(B), by inserting to reduce the incidence of stillbirth, among children, (2) in paragraph (2), by inserting after follow-up services , and for evidence-based programs and activities and outcome research to reduce the incidence of stillbirth (including tracking and awareness of fetal movements, improvement of birth timing for pregnancies with risk factors, initiatives that encourage safe sleeping positions during pregnancy, screening and surveillance for fetal growth restriction, efforts to achieve smoking cessation during pregnancy, community-based programs that provide home visits or other types of support, and any other research or evidence-based programming to prevent stillbirths) Passed the Senate September 30 (legislative day, September 22), 2023. Secretary

Maternal and Child Health Stillbirth Prevention Act

Deterring Egregious State Infiltration of Schools' Training Act This bill prohibits the U.S. military departments from establishing or maintaining a Junior Reserve Officers' Training Corps (JROTC) unit at an educational institution that is owned, operated, or controlled by China, a member of the Chinese Community Party or the Chinese military, or a Chinese military company.

118 S2234 IS: Deterring Egregious State Infiltration of Schools’ Training Act U.S. Senate 2023-07-11 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 2234 IN THE SENATE OF THE UNITED STATES July 11, 2023 Mr. Cruz Committee on Armed Services A BILL To amend title 10, United States Code, to prohibit the establishment or maintenance of a unit of the Junior Reserve Officers' Training Corps at an educational institution owned, operated, or controlled by the Chinese Communist Party. 1. Short title This Act may be cited as the Deterring Egregious State Infiltration of Schools’ Training Act 2. Prohibition of establishment or maintenance of a unit of the Junior Reserve Officers' Training Corps at an educational institution owned, operated, or controlled by the Chinese Communist Party Section 2031 of title 10, United States Code, is amended by adding at the end the following new subsection: (i) No unit may be established or maintained at an educational institution that is owned, operated, or controlled by a person that— (1) is the People’s Republic of China; (2) is a member of the Chinese Communist Party; (3) is a member of the People’s Liberation Army; (4) is identified by the Secretary of Defense under section 1260H(a) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( 10 U.S.C. 113 (5) is included in the Non-SDN Chinese Military-Industrial Complex Companies List published by the Department of the Treasury; or (6) is owned by or controlled by or is an agency or instrumentality of any person described in paragraphs (1) through (5). .

Deterring Egregious State Infiltration of Schools’ Training Act

Casualty Loss Deduction Restoration Act This bill eliminates the suspension period (2018 through 2025) for the tax deduction for personal casualty lossess and increases from $10,000 to $50,000 the limitation on allowable amount of the deduction.

118 S2236 IS: Casualty Loss Deduction Restoration Act U.S. Senate 2023-07-11 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 2236 IN THE SENATE OF THE UNITED STATES July 11, 2023 Mr. Blumenthal Mr. Cassidy Ms. Warren Mr. Markey Mr. Murphy Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to repeal the temporary limitation on personal casualty losses. 1. Short title This Act may be cited as the Casualty Loss Deduction Restoration Act 2. Repeal of temporary limitation on personal casualty losses; temporary dollar limitation added (a) In general Section 165(h) (5) Limitation for taxable years 2018 through 2025 (A) In general In the case of an individual, the aggregate amount of any personal casualty losses allowed under subsection (a) with respect to a taxable year beginning after December 31, 2017, and before January 1, 2026, shall not exceed $50,000 for each such taxable year. (B) Exception Subparagraph (A) shall not apply to any personal casualty loss attributable to a Federally declared disaster (as defined in subsection (i)(5)) allowed under subsection (a). . (b) Extension of period of limitation (1) In general In the case of a claim for credit or refund which is properly allocable to a loss which is described in paragraph (2)— (A) the period of limitation prescribed in section 6511(a) (B) any limitation described in section 6511(b)(2) shall not apply. (2) Loss described A loss is described in this paragraph if such loss is— (A) described in section 165(c)(3) (B) deductible under section 165(a) for a taxable year beginning after December 31, 2017. (c) Effective date The amendment made by subsection (a) shall apply to losses incurred in taxable years beginning after December 31, 2017. (d) Regulations The Secretary of the Treasury (or the Secretary’s delegate) shall issue such regulations or other guidance as are necessary to implement the amendment made by this section, including regulations or guidance consistent with Revenue Procedure 2017–60.

Casualty Loss Deduction Restoration Act

Illegitimate Court Counteraction Act of 2023 This bill imposes sanctions against International Criminal Court (ICC) employees and associates if the ICC investigates or pursues charges against certain individuals. The bill defines certain classes of individuals as protected individuals, including (1) members of the U.S. Armed Forces, (2) employees and contractors of the U.S. government who assist the U.S. Armed Forces, and (3) certain members of the armed forces of U.S. allies or partners. If the ICC investigates or pursues charges against a protected individual, the President must impose visa- and property-blocking sanctions against those foreign persons (individuals or entities) that, as ICC employees or associates, aided in the investigation, arrest, detention, or prosecution of a protected individual. Additionally, if the ICC investigates or pursues charges against protected individuals, the President must impose visa-blocking sanctions against any foreign individual who is (1) an employee of the ICC; (2) acting as an agent of the ICC; or (3) an immediate family member of those aiding the investigation, arrest, detention or prosecution of a protected individual. The property-blocking sanctions do not apply to the importation of goods. The visa-blocking sanctions do not apply to admissions to (1) further important U.S. law enforcement objectives; or (2) comply with international obligations, such as the United Nations Headquarters Agreement.

118 S224 IS: Illegitimate Court Counteraction Act of 2023 U.S. Senate 2023-02-01 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 224 IN THE SENATE OF THE UNITED STATES February 1, 2023 Mr. Cotton Mr. Cruz Mr. Rubio Committee on Foreign Relations A BILL To impose sanctions with respect to associates of the International Criminal Court engaged in investigations of personnel of the United States and its allies. 1. Short title This Act may be cited as the Illegitimate Court Counteraction Act of 2023 2. Sanctions with respect to the International Criminal Court (a) In general If the International Criminal Court is conducting an active investigation of, is engaged in a preliminary examination of, or is pursuing charges against a protected person, the President shall impose— (1) the sanctions described in subsection (b) with respect to a covered International Criminal Court employee or associate; and (2) the sanctions described in subsection (b)(2) with respect to any foreign person who is— (A) an employee of the International Criminal Court; (B) determined to be acting as an agent of the International Criminal Court or an employee of the International Criminal Court; or (C) an immediate family member of a covered International Criminal Court employee or associate. (b) Sanctions described The sanctions described in this subsection that shall be imposed with respect to a covered International Criminal Court employee or associate are the following: (1) Property blocking The President shall exercise all of the powers granted by the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. (2) Aliens inadmissible for visas, admission, or parole (A) Visas, admission, or parole In the case of an alien, the alien is— (i) inadmissible to the United States; (ii) ineligible to receive a visa or other documentation to enter the United States; and (iii) otherwise ineligible to be admitted or paroled into the United States or to receive any other benefit under the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. (B) Current visas revoked (i) In general The visa or other entry documentation of an alien described in subparagraph (A) shall be revoked, regardless of when such visa or other entry documentation was issued. (ii) Immediate effect A revocation under clause (i) shall— (I) take effect immediately; and (II) automatically cancel any other valid visa or entry documentation that is in the alien’s possession. (c) Implementation; penalties (1) Implementation The President may exercise all authorities provided under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out this section. (2) Penalties A person that violates, attempts to violate, conspires to violate, or causes a violation of this section or any regulation, license, or order issued to carry out this section shall be subject to the penalties set forth in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act ( 50 U.S.C. 1705 (d) Exceptions (1) Exception relating to importation of goods (A) In general A requirement to block and prohibit all transactions in all property and interests in property under this section shall not include the authority or a requirement to impose sanctions on the importation of goods. (B) Good In this paragraph, the term good (2) Exception to comply with United Nations headquarters agreement and law enforcement objectives Sanctions under subsection (b)(2) shall not apply with respect to an alien if admitting or paroling the alien into the United States— (A) would further important United States law enforcement objectives; or (B) is necessary to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable international obligations of the United States. 3. Definitions In this Act: (1) Admitted alien The terms admitted alien 8 U.S.C. 1101 (2) Covered International Criminal Court employee or associate The term covered International Criminal Court employee or associate (A) has directly or indirectly engaged in or otherwise aided any effort or action by the International Criminal Court to investigate, arrest, detain, or prosecute a protected person; (B) has materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services to or in support of such efforts by the International Criminal Court described in subparagraph (A); or (C) is owned or controlled by, or has acted or purports to have acted, directly or indirectly, for or on behalf of any person that engages in such efforts by the International Criminal Court described in subparagraph (A). (3) Foreign person The term foreign person (4) Immediate family member The term immediate family member (5) Protected person The term protected person (A) a member of the Armed Forces of the United States; (B) a former member of the Armed Forces of the United States who is being investigated by the International Criminal Court for alleged actions that occurred while the individual was a member of the Armed Forces; (C) an employee or contractor of the United States Government who— (i) assists the Armed Forces of the United States; or (ii) has any role in creating or implementing policies of the Armed Forces; (D) a former employee or contractor of the United States Government who— (i) as an employee or contractor, assisted the Armed Forces or had any role in creating or implementing policies of the Armed Forces; and (ii) is being investigated by the International Criminal Court for alleged actions that occurred while the individual was an employee or contractor of the United States Government; (E) a member of the armed forces of a country that— (i) is a treaty ally or partner of the United States; (ii) is not a state party to the Rome Statute of the International Criminal Court; and (iii) has not consented to the involvement of the International Criminal Court in the relevant investigation; or (F) an individual who— (i) is a former member of the armed forces of a country that— (I) is a treaty ally or partner of the United States; (II) is not a state party to the Rome Statute of the International Criminal Court; and (III) has not consented to the involvement of the International Criminal Court in the relevant investigation; and (ii) is being investigated by the International Criminal Court for alleged actions that occurred while the individual was a member of the armed forces of such country. (6) Treaty ally or partner of the United States The term treaty ally or partner of the United States (A) A foreign country that is a party to any of the following: (i) The North Atlantic Treaty, signed at Washington, April 4, 1949. (ii) The Security Treaty Between Australia, New Zealand, and the United States of America, signed at San Francisco, September 1, 1951. (iii) The Mutual Defense Treaty Between the United States of America and the Republic of the Philippines, signed at Washington, August 30, 1951. (iv) The Treaty of Mutual Cooperation and Security Between the United States of America and Japan, signed at Washington, January 19, 1960. (v) The Mutual Defense Treaty Between the United States of America and the Republic of Korea, signed at Washington, October 1, 1953. (B) Israel. (C) Taiwan. (D) Sweden. (E) Finland. (7) United states person The term United States person (A) an individual who is a United States citizen or an alien lawfully admitted for permanent residence to the United States; (B) an entity organized under the laws of the United States or any jurisdiction within the United States, including a foreign branch of such an entity; or (C) any person in the United States.

Illegitimate Court Counteraction Act of 2023

Women and Lung Cancer Research and Preventive Services Act of 2023 This bill requires the Department of Health and Human Services to conduct an interagency review of the status of women and lung cancer. The review must report on the status of existing research and current knowledge gaps; identify new opportunities for collaborative research to determine the causes of lung cancer and advance prevention, screening, diagnosis, and treatment; and provide recommendations for a national cancer screening strategy and public education campaign.

118 S2245 IS: Women and Lung Cancer Research and Preventive Services Act of 2023 U.S. Senate 2023-07-11 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 2245 IN THE SENATE OF THE UNITED STATES July 11, 2023 Mr. Rubio Mrs. Feinstein Mrs. Capito Mr. Manchin Mr. Padilla Ms. Smith Mr. Kelly Mr. Blumenthal Committee on Health, Education, Labor, and Pensions A BILL To require a review of women and lung cancer, and for other purposes. 1. Short title This Act may be cited as the Women and Lung Cancer Research and Preventive Services Act of 2023 2. Findings Congress finds as follows: (1) According to the American Cancer Society, in the United States, approximately 164 women die each day of lung cancer, or about one woman every 8.8 minutes. (2) Lung cancer is the leading cause of cancer death among women. (3) The American Cancer Society estimates that 59,910 women will die of lung cancer in 2023. (4) Studies have shown a higher incidence rate of lung cancer for women who were never smokers compared to men who were never smokers. (5) According to the American Cancer Society, new cases of lung cancer dropped by 3 percent per year in men from 2011 to 2015, while new cases in women only dropped 1.5 percent per year in the same time period. (6) According to the 2014 report, The Health Consequences of Smoking—50 Years of Progress: A Report of the Surgeon General, 2014 (7) According to the American Cancer Society, approximately 40 percent of lung cancers are adenocarcinoma, a subtype of non-small cell lung cancer, which is the most common type of cancer seen in non-smokers and is more common in women than in men. (8) According to the Environmental Protection Agency, exposure to radon accounts for approximately 21,000 deaths from lung cancer each year and is the second leading cause of lung cancer in non-smokers. (9) A Government Accountability Office report published on October 22, 2015, called for the National Institutes of Health to do more in evaluating gender differences in research. (10) Additional research strategies, including clinical trials, are necessary to explore the differences in lung cancer risk factors, incidence, and treatment response in women, and to address the disparate impact of lung cancer on women who have never smoked. (11) Lung cancer screening, which can detect lung cancer at its earliest, most curable stage, is a covered service available without cost-sharing for those at high risk. (12) Published peer-reviewed actuarial studies indicate that lung cancer screening individuals at high risk may be cost-effective. (13) The National Framework of Excellence in Lung Cancer Screening and Continuum of Care, launched in 2012, demonstrated that lung cancer screening can be safely and effectively carried out in community hospital settings around the Nation. (14) Information on the impact of lung cancer on women and the importance of early detection should be incorporated into all relevant public health awareness campaigns. 3. Sense of Congress concerning women and lung cancer It is the sense of Congress that— (1) there is a disparate impact of lung cancer on women and, in particular, on women who have never smoked; (2) additional research strategies to explore the differences in women with respect to lung cancer risk factors, incidence, histology, and response to treatment are justified and necessary; (3) the implementation of lung cancer preventive services for women should be accelerated; and (4) the public health agencies of the Federal Government should coordinate public education and awareness programs on the impact of lung cancer on women and the importance of early detection. 4. Interagency review to evaluate and identify opportunities for the acceleration of research on women and lung cancer, greater access to preventive services, and strategic public awareness and education campaigns (a) In general The Secretary of Health and Human Services, in consultation with the Secretary of Defense and Secretary of Veterans Affairs, shall conduct an interagency review to evaluate the status of, and identify opportunities related to— (1) research on women and lung cancer; (2) access to lung cancer preventive services; and (3) strategic public awareness and education campaigns on lung cancer. (b) Content The review and recommendations under subsection (a) shall include— (1) a review and comprehensive report on the outcomes of previous research, the status of existing research activities, and knowledge gaps related to women and lung cancer in all agencies of the Federal Government; (2) specific opportunities for collaborative, interagency, multidisciplinary, and innovative research, that would— (A) encourage innovative approaches to eliminate knowledge gaps in research; (B) evaluate environmental and genomic factors that may be related to the etiology of lung cancer in women; and (C) foster advances in imaging technology to improve risk assessment, diagnosis, treatment, and the simultaneous application of other preventive services; (3) opportunities regarding the development of a national lung cancer screening strategy with sufficient infrastructure and personnel resources to expand access to such screening, particularly among underserved populations; and (4) opportunities regarding the development of a national public education and awareness campaign on women and lung cancer and the importance of early detection of lung cancer. (c) Report Not later than one year after the date of enactment of this Act, the Secretary of Health and Human Services shall submit to Congress a report on the review conducted under subsection (a).

Women and Lung Cancer Research and Preventive Services Act of 2023

Upper Colorado and San Juan River Basins Endangered Fish Recovery Programs Reauthorization Act of 2023 This bill reauthorizes through FY2031 and revises the U.S. Fish and Wildlife Service's Upper Colorado River and San Juan River Basin recovery implementation programs to restore populations of certain endangered and threatened fish. The goal of the Upper Colorado River Endangered Fish Recovery Program is to recover the humpback chub (Gila Cypha), bonytail (Gila elegans), Colorado pikeminnow (Ptychocheilus lucius), and razorback sucker (Xyrauchen texanus). The states of Colorado, Utah, and Wyoming are partners in the program. The goal of the San Juan River Basin Recovery Implementation Program is to recover the Colorado pikeminnow (Ptychocheilus lucius) and razorback sucker (Xyrauchen texanus). The states of Colorado and New Mexico are partners in the program. The bill expands the programs to include the recovery of threatened fish stock. Thus, the bill requires the Upper Colorado River program to continue efforts to restore populations of the humpback chub, which was reclassified from an endangered species to a threatened species in 2001.

106 S2247 IS: Upper Colorado and San Juan River Basins Endangered Fish Recovery Programs Reauthorization Act of 2023 U.S. Senate 2023-07-11 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 2247 IN THE SENATE OF THE UNITED STATES July 11, 2023 Mr. Hickenlooper Mr. Romney Mr. Luján Mr. Heinrich Mr. Bennet Committee on Energy and Natural Resources A BILL To reauthorize the Bureau of Reclamation to provide cost-shared funding to implement the endangered and threatened fish recovery programs for the Upper Colorado and San Juan River Basins. 1. Short title This Act may be cited as the Upper Colorado and San Juan River Basins Endangered Fish Recovery Programs Reauthorization Act of 2023 2. Reauthorization of Upper Colorado and San Juan River Basins endangered fish and threatened fish recovery implementation programs (a) Purpose Section 1 of Public Law 106–392 and threatened endangered (b) Definitions Section 2 of Public Law 106–392 (1) in paragraph (1), by striking to implement the Recovery Implementation Program for the Endangered Fish Species in the Upper Colorado River dated September 29, 1987, and extended by the Extension of the Cooperative Agreement dated December 6, 2001, and the 1992 Cooperative Agreement to implement the San Juan River Recovery Implementation Program dated October 21, 1992, and as they may be amended for the Recovery Implementation Program for Endangered Species in the Upper Colorado River Basin dated September 29, 1987, and the 1992 Cooperative Agreement for the San Juan River Basin Recovery Implementation Program dated October 21, 1992, as the agreements may be amended and extended (2) in paragraph (6)— (A) by inserting or threatened endangered (B) by striking removal or translocation control (3) in paragraph (7), by striking long-term (4) in paragraph (8), in the second sentence, by striking 1988 Cooperative Agreement and the 1992 Cooperative Agreement Recovery Implementation Programs (5) in paragraph (9)— (A) by striking leases and agreements acquisitions (B) by inserting or threatened endangered (C) by inserting , as approved under the Recovery Implementation Programs nonnative fishes (6) in paragraph (10), by inserting pursuant to the Recovery Implementation Program for Endangered Species in the Upper Colorado River Basin Service (c) Authorization To fund recovery programs Section 3 of Public Law 106–392 Public Law 117–328 (1) in subsection (a)— (A) in paragraph (1), by striking (1) There is hereby authorized to be appropriated to the Secretary, $88,000,000 to undertake capital projects to carry out the purposes of this Act. Such funds (1) Authorization (A) In general Subject to subparagraph (B), there is authorized to be appropriated to the Secretary for use by the Bureau of Reclamation to undertake capital projects to carry out the purposes of this Act $50,000,000 for the period of fiscal years 2024 through 2031. (B) Inflation adjustment Each fiscal year, the amount authorized to be appropriated under subparagraph (A) shall be adjusted for inflation from the date of enactment of the Upper Colorado and San Juan River Basins Endangered Fish Recovery Programs Reauthorization Act of 2023 (C) Nonreimbursable funds Amounts made available pursuant to subparagraph (A) ; (B) in paragraph (2), by striking Program for Endangered Fish Species in the Upper Colorado River Basin shall expire in fiscal year 2024 Programs shall expire in fiscal year 2031 (C) by striking paragraph (3); (2) by striking subsections (b) and (c) and inserting the following: (b) Non-Federal Contributions to Capital Projects The Secretary, acting through the Bureau of Reclamation, may accept contributed funds, interests in land and water, or other contributions from the Upper Division States, political subdivisions of the Upper Division States, or individuals, entities, or organizations within the Upper Division States, pursuant to agreements that provide for the contributions to be used for capital projects costs. ; (3) by redesignating subsections (d) through (j) as subsections (c) through (i), respectively; (4) in subsection (c) (as so redesignated)— (A) in paragraph (1)(A), by striking $10,000,000 for each of fiscal years 2020 through 2024 $92,040,000 for the period of fiscal years 2024 through 2031 (B) in paragraph (2)— (i) in the first sentence, by striking $4,000,000 per year $61,100,000 for the period of fiscal years 2024 through 2031 (ii) in the second sentence— (I) by inserting Basin San Juan River (II) by striking $2,000,000 per year $30,940,000 for the period of fiscal years 2024 through 2031 (iii) in the third sentence, by striking in fiscal years commencing after the enactment of this Act for fiscal year 2024 and each fiscal year thereafter (C) by striking paragraph (3) and inserting the following: (3) Federal contributions to annual base funding (A) In general For each of fiscal years 2024 through 2031, the Secretary, acting through the Bureau of Reclamation, may accept funds from other Federal agencies, including power revenues collected pursuant to the Act of April 11, 1956 (commonly known as the “Colorado River Storage Project Act”) ( 43 U.S.C. 620 et seq. (B) Availability of funds Funds made available under subparagraph (A) shall be available for expenditure by the Secretary, as determined by the contributing agency in consultation with the Secretary. (C) Treatment of funds Funds made available under subparagraph (A) shall be treated as nonreimbursable Federal expenditures. (D) Treatment of power revenues Any power revenues accepted under subparagraph (A) shall be treated as having been repaid and returned to the general fund of the Treasury. (4) Non-Federal contributions to annual base funding The Secretary, acting through the Bureau of Reclamation, may accept contributed funds from the Upper Division States, political subdivisions of the Upper Division States, or individuals, entities, or organizations within the Upper Division States, pursuant to agreements that provide for the contributions to be used for annual base funding. (5) Replacement power Contributions of funds made pursuant to this subsection shall not include the cost of replacement power purchased to offset modifications to the operation of the Colorado River Storage Project to benefit threatened or endangered fish species under the Recovery Implementation Programs. ; (5) in subsection (f) (as so redesignated), in the first sentence, by inserting or threatened endangered (6) in subsection (g) (as so redesignated), by striking unless the time period for the respective Cooperative Agreement is extended to conform with this Act , as amended or extended (7) in subsection (h) (as so redesignated), in the first sentence, by striking Upper Colorado River Endangered Fish Recovery Program or the San Juan River Basin Recovery Implementation Program Recovery Implementation Programs (8) in subsection (i)(1) (as so redesignated)— (A) by striking 2022 2030 (B) by striking 2024 2031 (C) in subparagraph (C)(ii)(III), by striking contributions by the States, power customers, Tribes, water users, and environmental organizations non-Federal contributions (d) Repeal of limitation on travel for advocacy purposes Section 5 of Public Law 106–392

Upper Colorado and San Juan River Basins Endangered Fish Recovery Programs Reauthorization Act of 2023

Stop Settlement Slush Funds Act of 2023 This bill prohibits the federal government from entering into or enforcing a settlement agreement on behalf of the United States that provides for a payment to any person or entity other than the United States. The bill provides exceptions to allow payments that (1) remedy actual harm (including to the environment) caused by the party making the payment, or (2) constitute a payment for services rendered in connection with the case. Government officials or agents who violate this prohibition may be removed from office or required to forfeit to the government any money they hold for such purposes to which they may otherwise be entitled. Agencies must report annually for seven years to the Congressional Budget Office about the parties, funding sources, and distribution of funds for their settlement agreements permitted by the exceptions in this bill. The Office of Inspector General for each agency must also report annually on any settlement agreements that violate the bill's requirements.

118 S225 IS: Stop Settlement Slush Funds Act of 2023 U.S. Senate 2023-02-02 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 225 IN THE SENATE OF THE UNITED STATES February 2, 2023 Mr. Tuberville Mr. Tillis Mr. Cotton Mr. Scott of Florida Ms. Lummis Committee on the Judiciary A BILL To limit donations made pursuant to settlement agreements to which the United States is a party, and for other purposes. 1. Short title This Act may be cited as the Stop Settlement Slush Funds Act of 2023 2. Limitation on donations made pursuant to settlement agreements to which the united states is a party (a) Limitation on required donations An official or agent of the Government may not enter into or enforce any settlement agreement on behalf of the United States directing or providing for a payment to any person or entity other than the United States, other than a payment that provides restitution for or otherwise directly remedies actual harm (including to the environment) directly and proximately caused by the party making the payment, or constitutes payment for services rendered in connection with the case. (b) Penalty Any official or agent of the Government who violates subsection (a), shall be subject to the same penalties that would apply in the case of a violation of section 3302 of title 31, United States Code. (c) Effective date Subsections (a) and (b) apply only in the case of a settlement agreement entered on or after the date of enactment of this Act. (d) Definition The term settlement agreement (e) Reports on settlement agreements (1) In general Not later than the end of the first fiscal year that begins after the date of enactment of this Act, and annually thereafter, the head of each Federal agency shall submit electronically to the Congressional Budget Office a report on each settlement agreement entered into by that agency during that fiscal year that directs or provides for a payment to a person or entity other than the United States that is providing restitution for or otherwise directly remedies actual harm (including to the environment) directly and proximately caused by the party making the payment, or that constitutes payment for services rendered in connection with the case, which shall include the parties to each settlement agreement, the source of the settlement funds, and where and how such funds were and will be distributed. (2) Prohibition on additional funding No additional funds are authorized to be appropriated to carry out this subsection. (3) Sunset This subsection shall cease to be effective on the date that is 7 years after the date of enactment of this Act. (f) Annual audit requirement (1) In general Not later than the end of the first fiscal year that begins after the date of enactment of this Act, and annually thereafter, the Inspector General of each Federal agency shall submit a report on any settlement agreement entered into in violation of this section by that agency to— (A) the Committee on the Judiciary, the Committee on the Budget, and the Committee on Appropriations of the Senate; and (B) the Committee on the Judiciary, the Committee on the Budget, and the Committee on Appropriations of the House of Representatives. (2) Prohibition on additional funding No additional funds are authorized to be appropriated to carry out this subsection.

Stop Settlement Slush Funds Act of 2023

Promoting New and Diverse Depository Institutions Act This bill requires federal banking agencies to study and report on the challenges faced by entities attempting to become chartered depository institutions and to develop a strategic plan to assist in the application process. The strategic plan must (1) promote the chartering of minority depository institutions and entities that could be certified as community development financial institutions, and (2) describe actions to increase the number of depository institutions located in underserved areas.

118 S2252 IS: Promoting New and Diverse Depository Institutions Act U.S. Senate 2023-07-12 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 2252 IN THE SENATE OF THE UNITED STATES July 12, 2023 Mr. Kennedy Ms. Smith Committee on Banking, Housing, and Urban Affairs A BILL To require the Federal banking regulators to jointly conduct a study and develop a strategic plan to address challenges faced by proposed depository institutions seeking de novo depository institution charters, and for other purposes. 1. Short title This Act may be cited as the Promoting New and Diverse Depository Institutions Act 2. Definitions In this Act: (1) Depository institution The term depository institution (A) has the meaning given the term in section 3 of the Federal Deposit Insurance Act ( 12 U.S.C. 1813 (B) includes a Federal credit union and a State credit union, as those terms are defined in section 101 of the Federal Credit Union Act ( 12 U.S.C. 1752 (2) Community development financial institution The term community development financial institution 12 U.S.C. 4702 (3) Federal banking regulators The term Federal banking regulators (4) Minority depository institution The term minority depository institution 12 U.S.C. 1463 3. Study and strategic plan (a) In general The Federal banking regulators shall jointly— (1) conduct a study about the challenges faced by proposed depository institutions, including proposed minority depository institutions, seeking de novo depository institution charters; and (2) not later than 18 months after the date of enactment of this section, submit to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives and publish publically— (A) an analysis based on the study conducted pursuant to paragraph (1); (B) any findings from the study conducted pursuant to paragraph (1); and (C) any legislative recommendations that the Federal banking regulators developed based on the study conducted pursuant to paragraph (1). (b) Strategic plan (1) In general Not later than 18 months after the date of enactment of this section, the Federal banking regulators shall jointly submit to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives and publish publically a strategic plan based on the study conducted pursuant to subsection (a) and designed to help proposed depository institutions (including proposed minority depository institutions) successfully apply for de novo depository institution charters in a manner that promotes increased availability of banking and financial services, safety and soundness, consumer protection, community reinvestment, financial stability, and a level playing field. (2) Contents of strategic plan The strategic plan described in paragraph (1) shall— (A) promote the chartering of de novo depository institutions, including— (i) proposed minority depository institutions; and (ii) proposed depository institutions that could be certified as community development financial institutions; and (B) describe actions the Federal banking regulators may take that would increase the number of depository institutions located in geographic areas where consumers lack access to a branch of a depository institution. (c) Public involvement When conducting the study and developing the strategic plan required by this Act, the Federal banking regulators shall invite comments and other feedback from the public to inform the study and strategic plan.

Promoting New and Diverse Depository Institutions Act

Hot Foods Act of 2023 This bill expands the Supplemental Nutrition Assistance Program (SNAP) to permit the use of SNAP benefits to purchase hot foods or hot food products ready for immediate consumption.

118 S2258 IS: Hot Foods Act of 2023 U.S. Senate 2023-07-12 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 2258 IN THE SENATE OF THE UNITED STATES July 12, 2023 Mr. Bennet Mr. Padilla Mr. Blumenthal Mr. Welch Mrs. Gillibrand Mr. Hickenlooper Mr. Cardin Committee on Agriculture, Nutrition, and Forestry A BILL To amend the Food and Nutrition Act of 2008 to permit supplemental nutrition assistance program benefits to be used to purchase additional types of food items. 1. Short title This Act may be cited as the Hot Foods Act of 2023 2. Hot food under supplemental nutrition assistance program Section 3 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2012 (1) in subsection (k)(1), by striking consumption except alcoholic beverages, tobacco, hot foods or hot food products ready for immediate consumption other than those authorized pursuant to clauses (3), (4), (5), (7), (8), and (9) of this subsection consumption, including hot foods or hot food products ready for immediate consumption and excluding alcoholic beverages, tobacco (2) in subsection (o)(1)— (A) in the matter preceding subparagraph (A), by striking and consumption or home or immediate consumption (B) in subparagraph (A)— (i) by striking the subparagraph designation and all that follows through offers (A) (i) offers ; (ii) in clause (i) (as so designated), by striking or and (iii) by adding at the end the following: (ii) of which not more than 50 percent of the total gross sales are from hot foods or hot food products ready for immediate consumption; or ; and (3) in subsection (q)(2)— (A) by striking include accessory include— (A) accessory ; (B) in subparagraph (A) (as so designated), by striking the period at the end and inserting ; and (C) by adding at the end the following: (B) hot foods or hot food products ready for immediate consumption. .

Hot Foods Act of 2023

Senator Paul Simon Study Abroad Program Act of 2023 This bill expands access to study abroad for U.S. undergraduate students. It revises the Increase and Diversify Education Abroad for U.S. Students program (commonly known as the IDEAS program) and formally renames the program as the Senator Paul Simon Study Abroad Program.

108 S2261 IS: Senator Paul Simon Study Abroad Program Act of 2023 U.S. Senate 2023-07-12 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 2261 IN THE SENATE OF THE UNITED STATES July 12, 2023 Mr. Durbin Mr. Wicker Committee on Foreign Relations A BILL To ensure that significantly more students graduate college with the international knowledge and experience essential for success in today's global economy through the establishment of the Senator Paul Simon Study Abroad Program in the Department of State. 1. Short title This Act may be cited as the Senator Paul Simon Study Abroad Program Act of 2023 2. Findings Congress makes the following findings: (1) To prepare students for success in the modern global economy, opportunities for study abroad should be included as part of a well-rounded education. (2) Study abroad programs provide students with unparalleled access to international knowledge, an unmatched opportunity to learn world languages, and a unique environment for developing cultural understanding, all of which are knowledge and skills needed in today’s global economy. (3) Only 10 percent of United States college students study abroad before they graduate, leaving 90 percent of graduates entering the workforce without the global skills, knowledge, and experiences afforded by study abroad programs that will position them for success in the global economy. Minority students, first-generation college students, community college students, and students with disabilities are also significantly underrepresented in study abroad participation. (4) Congress authorized the establishment of the Commission on the Abraham Lincoln Study Abroad Fellowship Program (referred to in this section as the Lincoln Commission Public Law 108–199 (5) According to the Lincoln Commission, [e]xperience shows that leadership from administrators and faculty will drive the number of study abroad participants higher and improve the quality of programs. Such leadership is the only way that study abroad will become an integral part of the undergraduate experience. (6) Student health, safety, and security while studying abroad is, and must continue to be, a priority for institutions of higher education and study abroad programs. (7) The COVID–19 pandemic prevented students from participating in study abroad due to travel restrictions and reduced budgets. According to Open Doors 2022, published by the Institute of International Education in partnership with the Department of State, study abroad participation at colleges and universities in the United States plummeted by 91 percent during the 2020–2021 academic year. In the post-pandemic world, increasing access to study abroad for students at institutions of higher education across the United States is critical to ensuring that those students gain the skills, knowledge, and experiences necessary to maintain the leadership of the United States in tackling global challenges, such as pandemics, and succeeding in a global economy. 3. Purposes The purposes of this Act are— (1) to ensure that significantly more students have access to quality study abroad opportunities, especially among low-income students and students of color; (2) to ensure that the diversity of students studying abroad reflects the diversity of students and institutions of higher education in the United States; (3) to encourage greater diversity in study abroad destinations by increasing the portion of study abroad that takes place in nontraditional study abroad destinations, especially in developing countries; and (4) to encourage a greater commitment by United States institutions of higher education to expand study abroad opportunities. 4. Senator Paul Simon Study Abroad Program (a) Definitions In this section: (1) Consortium The term consortium (A) includes at least 1 institution of higher education; and (B) may include nongovernmental organizations that provide and promote study abroad opportunities for students. (2) Institution of higher education The term institution of higher education 20 U.S.C. 1001(a) (3) Nontraditional study abroad destination The term nontraditional study abroad destination (4) Student The term student (A) an alien lawfully admitted for permanent residence in the United States or a national of the United States or (as such terms are defined in paragraphs (20) and (22) of section 101(a) of the Immigration and Nationality Act of 1965 ( 8 U.S.C. 1101(a) (B) an individual who is an eligible noncitizen for Federal student aid, as determined by the Secretary of Education for purposes of the Federal student loan program under title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq. (5) Study abroad The term study abroad (A) is conducted outside of the United States; and (B) carries academic credit. (6) World language The term world language (A) languages determined by the Secretary of State to be critical to the national security interests of the United States; (B) classical languages; (C) American sign language; and (D) Native American languages. (b) Senator Paul Simon Study Abroad Program (1) Establishment Subject to the availability of appropriations and under the authority of the Mutual Educational and Cultural Exchange Act of 1961 22 U.S.C. 2451 et seq. (A) rename the Increase and Diversify Education Abroad for U.S. Students Program (commonly known as IDEAS Senator Paul Simon Study Abroad Program Program (B) enhance the program in accordance with this subsection. (2) Objectives The objectives of the Program are that not later than 10 years after the date of enactment of the Senator Paul Simon Study Abroad Program Act of 2023 (A) not fewer than 1,000,000 undergraduate students from the United States will study abroad annually; (B) the demographics of study abroad participation will reflect the demographics of the United States undergraduate population by increasing the participation rate of underrepresented groups; and (C) an increasing portion of study abroad will take place in nontraditional study abroad destinations, with a substantial portion of such increases in developing countries. (3) Competitive grants to institutions of higher education (A) In general In order to accomplish the objectives described in paragraph (2), the Secretary of State shall award grants, on a competitive basis, to institutions of higher education, either individually or as part of a consortium, based on applications by such institutions that— (i) set forth detailed plans for using grant funds to further such objectives; (ii) include an institutional commitment to expanding access to study abroad; (iii) include plans for evaluating progress made in increasing access to study abroad; (iv) describe how increases in study abroad participation achieved through the grant will be sustained in subsequent years; and (v) demonstrate that the study abroad programs have established health, safety, and security guidelines and procedures, informed by Department of State travel advisories and other appropriate Federal agencies and resources, including the Overseas Security Advisory Council and the Centers for Disease Control and Prevention. (B) Priority In awarding grants under subparagraph (A), the Secretary may give priority to— (i) minority-serving institutions listed under section 371(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1067q(a) (ii) eligible institutions (as defined in section 312(b) of the Higher Education Act of 1965 ( 20 U.S.C. 1058(b) (iii) institutions that offer study abroad programs with a significant world language learning component, as applicable. (4) Implementation of lincoln commission recommendations In administering the Program, the Secretary of State shall take fully into account the recommendations of the Lincoln Commission, including— (A) institutions of higher education applying for grants described in paragraph (3) shall use Program funds to support direct student costs; (B) diversity shall be a defining characteristic of the Program; and (C) quality control shall be a defining characteristic of the Program. (5) Consultation In carrying out this subsection, the Secretary of State shall consult with representatives of diverse institutions of higher education and educational policy organizations and other individuals with appropriate expertise. (c) Annual report Not later than December 31 of each year, the Secretary of State shall submit an annual report to the Committee on Foreign Relations of the Senate Committee on Foreign Affairs of the House of Representatives (d) Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out the Program for fiscal year 2024 and for each subsequent fiscal year.

Senator Paul Simon Study Abroad Program Act of 2023

Ensuring Interagency Cooperation to Support Veterans Act of 2023 This bill modifies the membership and certain purposes of the Department of Veterans Affairs-Department of Defense Joint Executive Committee. The bill includes additional individuals in the membership of the committee, including relevant Department of Labor officers and employees. The bill also renames the subordinate Job Training and Post-Service Placement Executive Committee as the Transition Executive Committee and updates its purpose to include assisting members of the Armed Forces with the transition to civilian life.

118 S2268 IS: Ensuring Interagency Cooperation to Support Veterans Act of 2023 U.S. Senate 2023-07-12 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 2268 IN THE SENATE OF THE UNITED STATES July 12, 2023 Mr. King Mr. Cassidy Committee on Veterans' Affairs A BILL To amend title 38, United States Code, to improve the Department of Veterans Affairs-Department of Defense Joint Executive Committee, and for other purposes. 1. Short title This Act may be cited as the Ensuring Interagency Cooperation to Support Veterans Act of 2023 2. Improvements to Department of Veterans Affairs-Department of Defense Joint Executive Committee Section 320 of title 38, United States Code, is amended— (1) in subsection (a)— (A) in paragraph (2)— (i) in subparagraph (A), by striking ; and (ii) in subparagraph (B), by striking the period at the end and inserting a semicolon; and (iii) by adding at the end the following new subparagraphs: (C) the Assistant Secretary of Labor for Veterans' Employment and Training and such other officers and employees of the Department of Labor as the Secretary of Labor may designate; and (D) such officers and employees of other Executive agencies as the Secretary of Veterans Affairs and the Secretary of Defense jointly determine, with the consent of the heads of the Executive agencies of such officers and employees, necessary to carry out the goals and objectives of the Committee. ; (B) by adding at the end the following new paragraph: (3) The co-chairs of the Committee are the Deputy Secretary of Veterans Affairs and the Under Secretary of Defense for Personnel and Readiness. ; (2) in subsection (b)(2), by striking Job Training and Post-Service Placement Executive Committee Transition Executive Committee (3) in subsection (d), by adding at the end the following new paragraph: (6) Develop, implement, and oversee such other joint actions, initiatives, programs, and policies as the two Secretaries determine appropriate and consistent with the purpose of the Committee. ; and (4) in subsection (e)— (A) in the subsection heading, by striking Job Training and Post-Service Placement Transition (B) in the matter before paragraph (1)— (i) by striking Job Training and Post-Service Placement Transition (ii) by inserting , in addition to such other activities as may assigned to the committee under subsection (d)(6) shall (C) in paragraph (2), by inserting , transition from life in the Armed Forces to civilian life, job training

Ensuring Interagency Cooperation to Support Veterans Act of 2023

Improving Access to Our Courts Act This bill adds Alpine to the list of places where court must be held in the Pecos Division of the Western District of Texas. Additionally, the bill adds Mount Vernon to the list of places where court must be held in the Western District of Washington.

118 S227 ES: Improving Access to Our Courts Act U.S. Senate text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. 118th CONGRESS 1st Session S. 227 IN THE SENATE OF THE UNITED STATES AN ACT To amend title 28, United States Code, to provide an additional place for holding court for the Pecos Division of the Western District of Texas, and for other purposes. 1. Short title This Act may be cited as the Improving Access to Our Courts Act 2. Additional places for holding court (a) Pecos Division of the Western District of Texas Section 124(d)(6) of title 28, United States Code, is amended, in the matter preceding paragraph (7), by inserting and Alpine Pecos (b) Western District of Washington Section 128(b) of title 28, United States Code, is amended by inserting Mount Vernon, Tacoma, Passed the Senate February 28, 2023. Secretary

Improving Access to Our Courts Act

Wildland Firefighter Paycheck Protection Act of 2023 This bill establishes specialized pay for federal wildland firefighters. Specifically, the bill provides for a specialized pay schedule for wildland firefighters in the Forest Service and the Department of the Interior. The specialized pay schedule is based on the General Schedule, increased by a specified percentage depending on the position grade (the higher the grade, the lower the percentage adjustment). The bill also provides for specialized premium pay for wildland firefighters who respond to certain prolonged fire incidents (i.e., those that are not contained within 36 hours). It also provides for paid rest and recuperation leave in conjunction with such responses.

117 S2272 IS: Wildland Firefighter Paycheck Protection Act of 2023 U.S. Senate 2023-07-12 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 2272 IN THE SENATE OF THE UNITED STATES July 12, 2023 Ms. Sinema Mr. Barrasso Mr. Manchin Mr. Daines Mr. Padilla Mr. Tester Committee on Homeland Security and Governmental Affairs A BILL To amend title 5, United States Code, to provide for special base rates of pay for wildland firefighters, and for other purposes. 1. Short title This Act may be cited as the Wildland Firefighter Paycheck Protection Act of 2023 2. Special base rates of pay for wildland firefighters (a) In general Subchapter III of chapter 53 section 5332 5332a. Special base rates of pay for wildland firefighters (a) Definitions In this section— (1) the term firefighter (A) is a firefighter within the meaning of section 8331(21) or section 8401(14); (B) in the case of an employee who holds a supervisory or administrative position and is subject to subchapter III of chapter 83, but who does not qualify to be considered a firefighter within the meaning of section 8331(21), would otherwise qualify if the employee had transferred directly to that position after serving as a firefighter within the meaning of that section; (C) in the case of an employee who holds a supervisory or administrative position and is subject to chapter 84, but who does not qualify to be considered a firefighter within the meaning of section 8401(14), would otherwise qualify if the employee had transferred directly to that position after performing duties described in section 8401(14)(A) for at least 3 years; or (D) in the case of an employee who is not subject to subchapter III of chapter 83 or chapter 84, holds a position that the Office of Personnel Management determines would satisfy subparagraph (A), (B), or (C) if the employee were subject to subchapter III of chapter 83 or chapter 84; (2) the term General Schedule base rate (3) the term special base rate (4) the term wildland firefighter (A) who is employed by the Forest Service or the Department of the Interior; and (B) the duties of the position of whom primarily relate to fires occurring in forests, range lands, or other wildlands, as opposed to structural fires. (b) Special base rates of pay (1) Entitlement to special rate Notwithstanding section 5332, a wildland firefighter is entitled to a special base rate at grades 1 through 15, which shall— (A) replace the otherwise applicable General Schedule base rate for the wildland firefighter; (B) be basic pay for all purposes, including the purpose of computing a locality-based comparability payment under section 5304 or 5304a; and (C) be computed as described in paragraph (2) and adjusted at the time of adjustments in the General Schedule. (2) Computation (A) In general The special base rate for a wildland firefighter shall be derived by increasing the otherwise applicable General Schedule base rate for the wildland firefighter by the following applicable percentage for the grade of the wildland firefighter and rounding the result to the nearest whole dollar: (i) For GS–1, 42 percent. (ii) For GS–2, 39 percent. (iii) For GS–3, 36 percent. (iv) For GS–4, 33 percent. (v) For GS–5, 30 percent. (vi) For GS–6, 27 percent. (vii) For GS–7, 24 percent. (viii) For GS–8, 21 percent. (ix) For GS–9, 18 percent. (x) For GS–10, 15 percent. (xi) For GS–11, 12 percent. (xii) For GS–12, 9 percent. (xiii) For GS–13, 6 percent. (xiv) For GS–14, 3 percent. (xv) For GS–15, 1.5 percent. (B) Hourly, daily, weekly, or biweekly rates When the special base rate with respect to a wildland firefighter is expressed as an hourly, daily, weekly, or biweekly rate, the special base rate shall be computed from the appropriate annual rate of basic pay derived under subparagraph (A) in accordance with the rules under section 5504(b). . (b) Clerical amendment The table of sections for subchapter III of chapter 53 section 5332 5332a. Special base rates of pay for wildland firefighters. . (c) Prevailing rate employees Section 5343 of title 5, United States Code, is amended by adding at the end the following: (g) (1) For a prevailing rate employee described in section 5342(a)(2)(A) who is a wildland firefighter, as defined in section 5332a(a), the Secretary of Agriculture or the Secretary of the Interior (as applicable) shall increase the wage rates of that employee by an amount (determined at the sole and exclusive discretion of the applicable Secretary after consultation with the other Secretary) that is generally consistent with the percentage increases given to wildland firefighters in the General Schedule under section 5332a. (2) An increased wage rate under paragraph (1) shall be basic pay for the same purposes as the wage rate otherwise established under this section. (3) An increase under this subsection may not cause the wage rate of an employee to increase to a rate that would produce an annualized rate in excess of the annual rate for level IV of the Executive Schedule. . (d) Effective date The amendments made by this section shall take effect on the first day of the first applicable pay period beginning on or after October 1, 2023. (e) Applicability Notwithstanding section 40803(d)(4)(B) of the Infrastructure Investment and Jobs Act ( 16 U.S.C. 6592(d)(4)(B) 3. Wildland fire incident response premium pay (a) In general Subchapter V of chapter 55 5545c. Incident response premium pay for employees engaged in wildland firefighting (a) Definitions In this section— (1) the term appropriate committees of Congress (A) the Committee on Homeland Security and Governmental Affairs of the Senate; (B) the Committee on Energy and Natural Resources of the Senate; (C) the Committee on Agriculture, Nutrition, and Forestry of the Senate; (D) the Committee on Appropriations of the Senate; (E) the Committee on Oversight and Accountability of the House of Representatives; (F) the Committee on Agriculture of the House of Representatives; (G) the Committee on Natural Resources of the House of Representatives; and (H) the Committee on Appropriations of the House of Representatives; (2) the term covered employee (A) a wildland firefighter, as defined in section 5332a(a); or (B) certified by the applicable agency to perform wildland fire incident-related duties during the period that employee is deployed to respond to a qualifying incident; (3) the term incident response premium pay (4) the term prescribed fire incident (5) the term qualifying incident (A) means— (i) a wildfire incident, a prescribed fire incident, or a severity incident; or (ii) an incident that the Secretary of Agriculture or the Secretary of the Interior determines is similar in nature to an incident described in clause (i); and (B) does not include an initial response incident that is contained within 36 hours; and (6) the term severity incident (b) Eligibility A covered employee is eligible for incident response premium pay under this section if— (1) the covered employee is deployed to respond to a qualifying incident; and (2) the deployment described in paragraph (1) is— (A) outside of the official duty station of the covered employee; or (B) within the official duty station of the covered employee and the covered employee is assigned to an incident-adjacent fire camp or other designated field location. (c) Entitlement to incident response premium pay (1) In general A covered employee who satisfies the conditions under subsection (b) is entitled to premium pay for the period in which the covered employee is deployed to respond to the applicable qualifying incident. (2) Computation (A) Formula Subject to subparagraphs (B) and (C), premium pay under paragraph (1) shall be paid to a covered employee at a daily rate of 450 percent of the hourly rate of basic pay of the covered employee for each day that the covered employee satisfies the requirements under subsection (b), rounded to the nearest whole cent. (B) Limitation Premium pay under this subsection may not be paid— (i) with respect to a covered employee for whom the annual rate of basic pay is greater than that for step 10 of GS–10, at a daily rate that exceeds the daily rate established under subparagraph (A) for step 10 of GS–10; or (ii) to a covered employee in a total amount that exceeds $9,000 in any calendar year. (C) Adjustments (i) Assessment The Secretary of Agriculture and the Secretary of the Interior shall assess the difference between the average total amount of compensation that was paid to covered employees, by grade, in fiscal years 2023 and 2024. (ii) Report Not later than 180 days after the date that is 1 year after the effective date of this section, the Secretary of Agriculture and the Secretary of the Interior shall jointly publish a report on the results of the assessment conducted under clause (i). (iii) Administrative actions After publishing the report required under clause (ii), the Secretary of Agriculture and the Secretary of the Interior, in consultation with the Director of the Office of Personnel Management, may, in the sole and exclusive discretion of the Secretaries acting jointly, administratively adjust the amount of premium pay paid under this subsection (or take other administrative action) to ensure that the average annual amount of total compensation paid to covered employees, by grade, is more consistent with such amount that was paid to those employees in fiscal year 2023. (iv) Congressional notification Not later than 3 days after an adjustment made, or other administrative action taken, under clause (iii) becomes final, the Secretary of Agriculture and the Secretary of the Interior shall jointly submit to the appropriate committees of Congress a notification regarding that adjustment or other administrative action, as applicable. (d) Treatment of incident response premium pay Incident response premium pay under this section— (1) is not considered part of the basic pay of a covered employee for any purpose; (2) may not be considered in determining a covered employee's lump-sum payment for accumulated and accrued annual leave under section 5551 or section 5552; (3) may not be used in determining pay under section 8114 (relating to compensation for work injuries); (4) may not be considered in determining pay for hours of paid leave or other paid time off during which the premium pay is not payable; and (5) shall be disregarded in determining the minimum wage and overtime pay to which a covered employee is entitled under the Fair Labor Standards Act of 1938 ( 29 U.S.C. 201 et seq. . (b) Additional premium pay amendments Subchapter V of chapter 55 (1) in section 5544— (A) by amending the section heading to read as follows: Wage-board overtime, Sunday rates, and other premium pay (B) by adding at the end the following: (d) A prevailing rate employee described in section 5342(a)(2)(A) shall receive incident response premium pay under the same terms and conditions that apply to a covered employee under section 5545c if that employee— (1) is employed by the Forest Service or the Department of the Interior; and (2) (A) is a wildland firefighter, as defined in section 5332a(a); or (B) is certified by the applicable agency to perform wildland fire incident-related duties during the period the employee is deployed to respond to a qualifying incident (as defined in section 5545c(a)). ; and (2) in section 5547(a), in the matter preceding paragraph (1), by inserting 5545c, 5545a, (c) Clerical amendments The table of sections for subchapter V of chapter 55 (1) by amending the item relating to section 5544 to read as follows: 5544. Wage-board overtime, Sunday rates, and other premium pay. ; and (2) by inserting after the item relating to section 5545b the following: 5545c. Incident response premium pay for employees engaged in wildland firefighting. . (d) Effective date The amendments made by this section shall take effect on the first day of the first applicable pay period beginning on or after October 1, 2023. 4. Rest and recuperation leave for employees engaged in wildland firefighting (a) In general Subchapter II of chapter 63 6329e. Rest and recuperation leave for employees engaged in wildland firefighting (a) Definitions In this section— (1) the term applicable Secretary (2) the term covered employee (A) qualifies as a wildland firefighter based on the definitions of the terms firefighter wildland firefighter employee employee (B) is certified by the applicable Secretary to perform wildland fire incident-related duties during the period the employee is deployed to respond to a qualifying incident; and (3) the term qualifying incident (b) Rest and recuperation leave (1) In general A covered employee may receive paid rest and recuperation leave following the completion of service in which the covered employee is deployed to respond to a qualifying incident, subject to the policies prescribed under this subsection. (2) Prescription of policies The Secretary of Agriculture and the Secretary of the Interior shall prescribe uniform policies described in paragraph (1) after consulting with the other applicable Secretary. (3) Content of policies The policies prescribed under paragraph (2) may include— (A) a maximum period of days in which a covered employee is deployed to respond to a qualifying incident, which shall— (i) begin on the date on which the covered employee departs from the official duty station of the covered employee and end on the date on which the covered employee returns to the official duty station of the covered employee; and (ii) be followed by a minimum number of days of rest and recuperation for the covered employee; or (B) a requirement that prohibits a covered employee from working more than 16 hours per day on average over a 14-day period during which the covered employee is deployed to respond to a qualifying incident. (c) Use of leave (1) In general Rest and recuperation leave granted under this section— (A) shall be used during scheduled hours within the tour of duty of the applicable covered employee established for leave-charging purposes; (B) shall be paid in the same manner as annual leave; (C) shall be used immediately after a qualifying incident; and (D) may not be set aside for later use. (2) No payment A covered employee may not receive any payment for unused rest and recuperation leave granted under this section. (d) Intermittent work schedule A covered employee with an intermittent work schedule— (1) shall be excused from duty during the same period of time that other covered employees in the same circumstances are entitled to rest and recuperation leave; and (2) shall receive a payment as if the covered employee were entitled to rest and recuperation leave under subsection (b). . (b) Technical and conforming amendment The table of sections for subchapter II of chapter 63 section 6329d 6329e. Rest and recuperation leave for employees engaged in wildland firefighting. . 5. Transfer authority Notwithstanding section 40803(c)(2) of the Infrastructure Investment and Jobs Act ( 16 U.S.C. 6592(c)(2) Wildland Fire Management Forest Service Department of Agriculture Public Law 117–58 16 U.S.C. 6592(c)(2)(B) 16 U.S.C. 6592(d)(4)(B) Wildland Fire Management Department-wide programs Department of the Interior Public Law 117–58

Wildland Firefighter Paycheck Protection Act of 2023

Border Enforcement, Security, and Trade (BEST) Facilitation Act of 2023 This bill establishes positions within U.S. Customs and Border Protection (CBP) to review inspection images of vehicles and cargo entering or exiting the United States. Specifically, the bill establishes the position of image adjudicator within the CBP Office of Field Operations. An image adjudicator must (1) review nonintrusive inspection images of vehicles and cargo entering or exiting the United States; (2) assess whether such vehicles and cargo contain contraband, illicit drugs, weapons, or persons seeking to unlawfully enter the United States; and (3) refer suspicious vehicles and cargo for further inspection by a CBP officer. The bill also establishes the position of supervisory image adjudicator with additional responsibilities, including receiving and reporting intelligence to the National Targeting Center about techniques used by malign actors to transport contraband, illicit drugs, weapons, and persons seeking to unlawfully enter the United States. The bill establishes annual training requirements for both image adjudicator and supervisory image adjudicator positions, including training on privacy and civil liberties and how to analyze inspection images. Within a year of this bill's enactment, CBP must develop a workforce staffing model for these positions. The Government Accountability Office must validate the model within six months of the model's completion.

118 S2278 IS: Border Enforcement, Security, and Trade (BEST) Facilitation Act of 2023 U.S. Senate 2023-07-12 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 2278 IN THE SENATE OF THE UNITED STATES July 12, 2023 Mr. Lankford Mr. Kelly Committee on Homeland Security and Governmental Affairs A BILL To establish Image Adjudicator and Supervisory Image Adjudicator positions in the U.S. Customs and Border Protection Office of Field Operations. 1. Short title This Act may be cited as the Border Enforcement, Security, and Trade (BEST) Facilitation Act of 2023 2. New Office of Field Operations positions authorized Section 411(g) of the Homeland Security Act of 2002 ( 6 U.S.C. 211(g) (6) Image adjudicator positions (A) Image adjudicator There shall be in the Office of Field Operations, the position of Image Adjudicator, who shall be appointed in accordance with the provisions under chapter 33 (relating to appointments in the competitive service) and chapters 51 and 53 (relating to classification and rates of pay) of title 5, United States Code. Each Image Adjudicator shall— (i) review non-intrusive inspection images of conveyances and containers entering or exiting the United States through a land, sea, or air port of entry or rail crossing; (ii) assess whether conveyances and containers contain contraband, illicit drugs, terrorist weapons, or persons who are seeking to unlawfully enter or exit the United States; (iii) recommend entry for all conveyances and containers that do not contain contraband, illicit drugs, terrorist weapons, or persons seeking to unlawfully enter the United States to the U.S. Customs and Border Protection Officer responsible for inspecting such cargo or conveyance; (iv) refer any conveyances and containers that the Image Adjudicator reasonably believes contains contraband, illicit drugs, terrorist weapons, or persons seeking to unlawfully enter or exit the United States to the U.S. Customs and Border Protection Officer who is responsible for inspecting such cargo or conveyance for further inspection; and (v) refer to a Supervisory Image Adjudicator any image of a vehicle or cargo that is difficult to adjudicate due to poor image quality or other factors. (B) Supervisory image adjudicator There shall be in the Office of Field Operations, the position of Supervisory Image Adjudicator, who shall be appointed in accordance with the provisions under chapter 33 (relating to appointments in the competitive service) and chapters 51 and 53 (relating to classification and rates of pay) of title 5, United States Code. Each Supervisory Image Adjudicator shall— (i) carry out all of the duties described in clauses (i) through (iii) of subparagraph (A); (ii) review and make a determination regarding images referred by an Image Adjudicator pursuant to subparagraph (A)(v); (iii) receive intelligence from the National Targeting Center regarding tactics, techniques, and procedures being used at ports of entry and in the border environment by malign actors to facilitate the unlawful entry or exit of contraband, illicit drugs, terrorist weapons, and persons who are seeking to unlawfully enter or exit the United States; and (iv) report new intelligence to the National Targeting Center regarding tactics, techniques, and procedures being used at ports of entry and in the border environment by malign actors to facilitate the unlawful entry or exit of contraband, illicit drugs, terrorist weapons, and persons who are seeking to unlawfully enter the United States. (C) Training requirements All Image Adjudicators and Supervisory Image Adjudicators shall receive annual training and additional ad hoc training, to the extent necessary based on current trends, regarding— (i) privacy and civil liberties, including the protections of the First and Fourth Amendments to the United States Constitution; (ii) analyzing images generated by non-intrusive inspection technologies deployed by U.S. Customs and Border Protection; and (iii) tactics, techniques, and procedures being used at ports of entry and in the border environment by malign actors to facilitate the unlawful entry or exit of contraband, illicit drugs, terrorist weapons, and persons who are seeking to unlawfully enter the United States. (D) Annual assessment All Image Adjudicators and Supervisory Image Adjudicators shall receive an annual assessment with respect to their— (i) accuracy in image analysis; (ii) timeliness in image analysis; and (iii) ability to ascertain tactics, techniques, and procedures being used at ports of entry and in the border environment by malign actors to facilitate the unlawful entry or exit of contraband, illicit drugs, terrorist weapons, and persons who are seeking to unlawfully enter the United States. . 3. Workforce staffing model (a) Development Not later than 1 year after the date of the enactment of this Act, the Commissioner of U.S. Customs and Border Protection shall develop a workforce staffing model for Image Adjudicators and Supervisory Image Adjudicators described in section 211(g)(6) of the Homeland Security Act of 2002, as amended by section 2, based upon— (1) the deployment of non-intrusive inspection technologies at ports of entry and international rail crossings; (2) border traffic patterns; and (3) scanning goals at each port of entry and international rail crossing. (b) Validation Not later than 6 months after the completion of the workforce staffing model described in subsection (a), the Comptroller General of the United States shall validate such workforce staffing model. 4. Reporting requirements Upon completion of the validation of the workforce staffing model pursuant to section 3(b), and quarterly thereafter, the Commissioner of U.S. Customs and Border Protection, in consultation with the Executive Assistant Commissioner, shall submit a report to the Committee on Homeland Security and Governmental Affairs of the Senate Committee on Homeland Security of the House of Representatives (1) the number of Image Adjudicators and Supervisory Image Adjudicators hired during the reporting period; (2) the number of Image Adjudicators and Supervisory Image Adjudicators currently employed by the Office of Field Operations, disaggregated by port of entry; (3) the average number of images scanned by each Image Adjudicator; (4) training methodologies utilized to train Image Adjudicators and Supervisory Image Adjudicators; (5) assessment passage rates of Image Adjudicators and Supervisory Image Adjudicators; and (6) the impact of Image Adjudicators and Supervisory Image Adjudicators on interdiction rates at ports of entry and international rail crossings at which Image Adjudicators or Supervisory Image Adjudicators are stationed, including— (A) throughput increases or decreases at such ports of entry and rail crossings; (B) increases or decreases in waiting times at such ports of entry and rail crossings; and (C) increases or decreases of seizures of contraband, illicit drugs, terrorist weapons, and persons seeking to unlawfully enter or exit the United States, broken down by type of seizure and port of entry or rail crossing.

Border Enforcement, Security, and Trade (BEST) Facilitation Act of 2023

Cattle Price Discovery and Transparency Act of 2023 This bill requires the Department of Agriculture (USDA) to take various actions to address transparency in contract terms and pricing in the cattle industry. Among these requirements, USDA must maintain a publicly available library or catalog of contracts entered into between meat packers and livestock producers for the purchase of cattle, including any schedules of premiums or discounts associated with the contracts and other specific details. USDA must make this information available to producers and other interested parties in a monthly report. The bill further requires USDA to establish five to seven regions encompassing the entire continental United States that reasonably reflect similar fed cattle purchase practices for processing plants and establish mandatory minimums for each region (i.e., the minimum percentage of cattle purchases that are required to be made through approved pricing mechanisms from producers that are not packers). Under the bill, approved pricing mechanisms are generally purchases of fed cattle made through a negotiated purchase, through a negotiated grid purchase, at a stockyard, or through trading systems or platforms where multiple buyers and sellers can regularly make and accept bids and offers. The bill also establishes a maximum penalty for mandatory minimum violations by covered packers. Under the bill, a covered packer is a packer that has slaughtered an average of 5% or more of the number of fed cattle slaughtered nationally during the immediately preceding five calendar years.

118 S228 IS: Cattle Price Discovery and Transparency Act of 2023 U.S. Senate 2023-02-02 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 228 IN THE SENATE OF THE UNITED STATES February 2, 2023 Mrs. Fischer Mr. Grassley Mr. Tester Mr. Wyden Ms. Ernst Mr. Braun Ms. Smith Mrs. Hyde-Smith Mr. Daines Mr. Cassidy Mr. Luján Mr. Durbin Mr. Heinrich Mr. Warnock Mr. Blumenthal Mrs. Gillibrand Ms. Lummis Mr. Hawley Mr. Brown Mr. Rounds Mr. Kennedy Mr. Ricketts Committee on Agriculture, Nutrition, and Forestry A BILL To amend the Agricultural Marketing Act of 1946 to establish a cattle contract library, and for other purposes. 1. Short title This Act may be cited as the Cattle Price Discovery and Transparency Act of 2023 2. Definitions (a) In general Section 212 of the Agricultural Marketing Act of 1946 ( 7 U.S.C. 1635a (1) in paragraph (5), by striking cattle, cattle (including fed cattle), (2) by redesignating paragraphs (1) through (14) as paragraphs (2), (3), (4), (6) through (8), (10), and (12) through (18), respectively; (3) by inserting before paragraph (2) (as so redesignated) the following: (1) Approved pricing mechanism The term approved pricing mechanism (A) through a negotiated purchase; (B) through a negotiated grid purchase; (C) at a stockyard (as defined in section 302 of the Packers and Stockyards Act, 1921 ( 7 U.S.C. 202 (D) through a trading system or platform for the purchase or sale of cattle, or for an arrangement to purchase or sell cattle, through any means in which multiple buyer and seller participants have the ability to, and regularly and consistently, make and accept bids and offers on or at the trading system or platform. ; (4) by inserting after paragraph (4) (as so redesignated) the following: (5) Fed cattle The term fed cattle ; (5) by inserting after paragraph (8) (as so redesignated) the following: (9) Mandatory minimum The term mandatory minimum ; and (6) by inserting after paragraph (10) (as so redesignated) the following: (11) Negotiated grid purchase The term negotiated grid purchase (A) involving the negotiation of a base price from which premiums are added and discounts are subtracted, determined by seller-buyer interaction and agreement on a delivery day; and (B) under which the cattle are scheduled for delivery to the packer not later than 14 days after the date on which the cattle are committed to the packer. . (b) Cattle reporting definitions Section 221 of the Agricultural Marketing Act of 1946 ( 7 U.S.C. 1635d (1) in paragraph (1), by striking 7-day 14-day (2) in paragraph (8)(B), by striking market marketing (3) by redesignating paragraphs (3), (4), (5), (6), (7), and (8) as paragraphs (5), (6), (8), (9), (11), and (12), respectively; (4) by inserting after paragraph (2) the following: (3) Covered contract (A) In general The term covered contract (B) Exclusion The term covered contract (4) Covered packer The term covered packer ; (5) by inserting after paragraph (6) (as so redesignated) the following: (7) Heifer The term heifer ; and (6) by inserting after paragraph (9) (as so redesignated) the following: (10) Steer The term ‘steer’ means a bovine male castrated before reaching sexual maturity. . 3. 14-Day cattle slaughter report Section 222(c) of the Agricultural Marketing Act of 1946 ( 7 U.S.C. 1635e(c) (1) in paragraph (1)— (A) by striking subparagraphs (B) and (C); and (B) by redesignating subparagraph (D) as subparagraph (B); (2) in paragraph (2), by striking the information information reported under this subsection (3) by redesignating paragraph (2) as paragraph (3); and (4) by inserting after paragraph (1) the following: (2) Prior day reporting (A) In general The corporate officers or officially designated representatives of each packer processing plant shall report to the Secretary, for each business day of the packer processing plant, not later than 10:00 a.m. Central Time on each reporting day, the information from the prior business day described in subparagraph (B). (B) Information required The information required under subparagraph (A) shall be, with respect to the prior business day, the number of cattle scheduled for delivery to a packer processing plant for slaughter for each of the next 14 calendar days. . 4. Expedited carcass weights reporting Section 222 of the Agricultural Marketing Act of 1946 ( 7 U.S.C. 1635e (f) Expedited carcass weights (1) Determination Not later than 180 days after the date of enactment of the Cattle Price Discovery and Transparency Act of 2023 (2) Reporting Not later than 180 days after the Secretary has made a determination under paragraph (1), the Secretary shall begin publicly reporting the information described in that paragraph within the time determined under that paragraph. . 5. Mandatory reporting of cutout yield Section 223 of the Agricultural Marketing Act of 1946 ( 7 U.S.C. 1635f (1) in subsection (a)— (A) in the subsection heading, by striking Daily reporting In General (B) in paragraph (3)— (i) in subparagraph (C), by striking the period at the end and inserting ; and (ii) by redesignating subparagraphs (A) through (C) as clauses (i) through (iii), respectively, and indenting appropriately; (C) by redesignating paragraphs (1) through (3) as subparagraphs (A) through (C), respectively, and indenting appropriately; (D) in the matter preceding subparagraph (A) (as so redesignated), by striking Secretary at least (1) at least ; and (E) by adding at the end the following: (2) at least once each year, at a time determined by the Secretary, cutout yield data. ; and (2) in subsection (b)— (A) by striking the information required to be reported under subsection (a) (B) by striking day. (1) the information required to be reported under subsection (a)(1); and (2) a composite price using the information required to be reported under paragraphs (1) and (2) of subsection (a). . 6. Cattle contract library The Agricultural Marketing Act of 1946 is amended— (1) by redesignating section 223 ( 7 U.S.C. 1635f (2) by inserting after section 222 ( 7 U.S.C. 1635e 223. Cattle contract library (a) In general Not later than 120 days after the date of enactment of the Cattle Price Discovery and Transparency Act of 2023 library (b) Information collection (1) In general To maintain the library, the Secretary shall obtain information from each packer on each type of existing covered contract of the packer by requiring a filing or other form of information submission from each packer. (2) Contract information Information submitted to the Secretary by a packer under paragraph (1) shall include, with respect to each existing covered contract of a packer— (A) the type of contract; (B) the duration of the contract; (C) a summary of the contract terms; (D) provisions in the contract that may affect the price of cattle covered by the contract, including schedules, premiums and discounts, financing and risk-sharing arrangements, and transportation arrangements; (E) the total number of cattle covered by the contract solely committed to the packer each week within the 6-month and 12-month periods following the date of the contract and the percentage of cattle each week that may vary for delivery or nondelivery at the discretion of the packer, organized by reporting region or in such other manner as the Secretary may determine; (F) in the case of a contract in which a specific number of cattle are not solely committed to the packer— (i) an indication that the contract is an open commitment; and (ii) any weekly, monthly, annual, or other limitations or requirements on the number of cattle that may be delivered to the packer under the contract, including the percentage of cattle that may vary for delivery or nondelivery in a given time period at the discretion of the packer; and (G) a description of the provisions in the contract that provide for expansion in the numbers of fed cattle to be delivered under the contract for the 6-month and 12-month periods following the date of the contract. (c) Availability of information (1) In general The Secretary shall make publicly available to producers and other interested persons information (including the information described in subsection (b)(2)), in a user-friendly format, on the types of covered contracts in the library, including notice (on a real-time basis, if practicable) of the types of covered contracts that are entered into between packers and producers for the purchase of fed cattle. (2) Monthly report (A) In general Beginning 30 days after the library is established, the Secretary shall make the information obtained each month in the library available in a monthly report to producers and other interested persons. (B) Contents The monthly report described in subparagraph (A) shall include— (i) based on the information collected under subsection (b)(2)(E), an estimate by the Secretary of the total number of fed cattle committed under covered contracts for delivery to packers within the 6-month and 12-month periods following the date of the report, organized by reporting region and type of contract; (ii) based on the information collected under subsection (b)(2)(F), the number of covered contracts with an open commitment and any weekly, monthly, annual, or other limitations or requirements on the number of cattle that may be delivered under such contracts, including the percentage of cattle that may vary for delivery or nondelivery in a given time period at the discretion of the packer; and (iii) based on the information collected under subsection (b)(2)(G), an estimate by the Secretary of the total maximum number of fed cattle that may be delivered within the 6-month and 12-month periods following the date of the report, organized by reporting region and type of contract. (d) Maintenance of library Information in the library about types of contracts that are no longer offered or in use shall be removed from the library. (e) Confidentiality The reporting requirements for packers under this section shall be subject to the confidentiality protections provided under section 251. (f) Violations It shall be unlawful and a violation of this Act for any packer to willfully fail or refuse— (1) to provide to the Secretary accurate information required under this section; or (2) to comply with any other requirement of this section. (g) Authorization of appropriations There are authorized to be appropriated to the Secretary such sums as are necessary to carry out this section. . 7. Market acquisition of fed cattle (a) Sense of the Senate It is the sense of the Senate that— (1) all participants in the fed cattle market have a responsibility to contribute to sufficient levels of negotiated trade of fed cattle in all cattle feeding regions in order to achieve competitive bidding and maximum transparency in all relevant markets and robust price discovery for the benefit of all market participants; (2) covered packers that use negotiated market prices or internal formulations thereof as the basis for formula marketing arrangements may have incentives to not participate in price discovery in fed cattle markets, including in order to influence the price, especially if the majority of the cattle purchases are under fed cattle formula marketing arrangements under which it is particularly important to have minimum participation; and (3) the Department of Agriculture should examine academic literature regarding minimum levels of negotiated transactions necessary to achieve robust price discovery, eliminate the potential for price manipulation, and enhance cattle producer leverage in the marketplace in each of the cattle marketing regions. (b) Penalties Section 253(a) of the Agricultural Marketing Act of 1946 ( 7 U.S.C. 1636b(a) (1) in paragraph (1)— (A) by striking the paragraph designation and heading and all that follows through Any packer (1) Penalty amount (A) In general Except as provided in subparagraph (B), any packer ; and (B) by adding at the end the following: (B) Mandatory minimum violation Any packer or other person that violates section 259 may be assessed a civil penalty by the Secretary of not more than $90,000 for each violation (as adjusted for inflation). ; and (2) in paragraph (2)— (A) by striking Each day (A) In general Except as provided in subparagraph (B), each day ; and (B) by adding at the end the following: (B) Mandatory minimum violation Each week during which a violation of section 259 continues shall be considered to be a separate violation. . (c) Mandatory minimums The Agricultural Marketing Act of 1946 is amended— (1) by redesignating sections 259 and 260 ( 7 U.S.C. 1636h (2) by inserting after section 258 ( 7 U.S.C. 1636g 259. Mandatory minimums (a) Purpose The purpose of this section is to establish mandatory minimums— (1) to enhance price discovery, transparency, and cattle producer leverage for cattle market participants; and (2) to minimize and mitigate conflicts of interest and other incentives for a covered packer to influence the base price of formula marketing arrangements for the benefit of the covered packer through action or inaction in the market in which the base price is determined. (b) Establishment (1) In general Not later than 2 years after the date of enactment of the Cattle Price Discovery and Transparency Act of 2023 (A) 5 to 7 contiguous regions (referred to in this section as covered regions (i) together encompass the entire continental United States; and (ii) to the extent practicable, reasonably reflect similar fed cattle purchase practices; (B) a mandatory minimum— (i) for each covered region established under subparagraph (A); and (ii) that shall be applicable with respect to each processing plant of a covered packer located in that covered region; and (C) a time period within which a covered packer shall be required to meet the applicable mandatory minimum, which shall be not less than 1 week but not more than 30 days. (2) Modifications The Secretary— (A) shall review the mandatory minimums established under paragraph (1) not later than 2 years after the date of establishment and periodically thereafter, but not less frequently than once every 5 years; and (B) modify any such mandatory minimum, as necessary, after consulting with representatives of the United States cattle and beef industry and in accordance with paragraph (4). (3) Public input In carrying out this subsection, the Secretary shall make all proposed mandatory minimums subject to notice and comment rulemaking and a cost-benefit analysis. (4) Considerations In establishing or modifying mandatory minimums under this subsection for any covered region, the Secretary shall consider the following factors: (A) The number of covered packers in the covered region. (B) The availability of fed cattle in the covered region. (C) Pre-existing contractual arrangements of packers in the covered region. (D) The number of pricing transactions (pens of cattle sold) in the covered region. (E) The proportion of fed cattle purchased in the covered region through negotiated purchases or negotiated grid purchases relative to the number of formula marketing arrangements that use the negotiated prices or negotiated grid prices as base prices. (5) Initial mandatory minimum requirement The initial mandatory minimum established under paragraph (1)(B) for each covered region shall be— (A) not less than the average percentage of negotiated purchases and negotiated grid purchases made in that covered region between January 1, 2020, and January 1, 2022; and (B) not more than 50 percent. (c) Purchases A covered packer shall, with respect to each processing plant of the covered packer, purchase through an approved pricing mechanism not less than the percentage of fed cattle required under the mandatory minimum established under subsection (b) for the covered region in which the processing plant is located. (d) Enforcement (1) In general On establishing mandatory minimums under subsection (b), the Secretary— (A) shall regularly monitor compliance by covered packers with those mandatory minimums; and (B) in the case of noncompliance by a covered packer in a given period, may allow the covered packer to remedy the noncompliance by purchasing the applicable shortfall in the approved pricing mechanism in 1 or more subsequent periods, subject to paragraph (2). (2) Nonremedy The Secretary shall not allow a covered packer to remedy noncompliance under paragraph (1)(B) if the covered packer has a pattern or practice of noncompliance, as determined by the Secretary. (e) Effect on premiums Nothing in this section prohibits a formula marketing arrangement from including a premium in addition to the base price, including a premium for meat quality, consistency, breed, production method, branding, or any other value-added effort. . 8. Alternative marketing arrangements feasibility report Not later than 180 days after the date of enactment of this Act, the Secretary of Agriculture, acting through the Administrator of the Agricultural Marketing Service, shall publish a report analyzing the feasibility of alternative marketing arrangements with a base price tied to the price of boxed beef, which shall include information on— (1) the benefits and limitations of such alternative marketing arrangements; (2) barriers limiting adoption of such alternative marketing arrangements; (3) potential educational needs relating to the use of such alternative marketing arrangements for industry participants; and (4) risk management needs to increase the adoption and facilitate the ongoing delivery of benefits of such alternative marketing arrangements to industry participants. 9. Modifications to livestock mandatory reporting regions Not later than 1 year after the date of enactment of this Act, the Secretary of Agriculture, acting through the Administrator of the Agricultural Marketing Service, shall realign the livestock mandatory reporting regions established pursuant to subtitle B of the Agricultural Marketing Act of 1946 ( 7 U.S.C. 1635 et seq. (1) modifying the existing Colorado cattle reporting region to include the State of Wyoming; and (2) modifying the existing Iowa-Minnesota cattle reporting region to include the States of Illinois and South Dakota.

Cattle Price Discovery and Transparency Act of 2023

Securing Semiconductor Supply Chains Act of 2023 This bill requires the SelectUSA program to solicit comments from state economic development organizations regarding federal efforts to increase foreign direct investment in semiconductor-related manufacturing and production. SelectUSA must then report to Congress on such comments and the strategies that SelectUSA may employ to increase such investment and to secure the U.S. semiconductor supply chain. SelectUSA is a Department of Commerce program established to coordinate federal efforts to attract and retain business investment in the United States.

118 S229 ES: Securing Semiconductor Supply Chains Act of 2023 U.S. Senate text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. 118th CONGRESS 1st Session S. 229 IN THE SENATE OF THE UNITED STATES AN ACT To require SelectUSA to coordinate with State-level economic development organizations to increase foreign direct investment in semiconductor-related manufacturing and production. 1. Short title This Act may be cited as the Securing Semiconductor Supply Chains Act of 2023 2. SelectUSA defined In this Act, the term SelectUSA 3. Findings Congress makes the following findings: (1) Semiconductors underpin the United States and global economies, including manufacturing sectors. Semiconductors are also essential to the national security of the United States. (2) A shortage of semiconductors, brought about by the COVID–19 pandemic and other complex factors impacting the overall supply chain, has threatened the economic recovery of the United States and industries that employ millions of United States citizens. (3) Addressing current challenges and building resilience against future risks requires ensuring a secure and stable supply chain for semiconductors that will support the economic and national security needs of the United States and its allies. (4) The supply chain for semiconductors is complex and global. While the United States plays a leading role in certain segments of the semiconductor industry, securing the supply chain requires onshoring, reshoring, or diversifying vulnerable segments, such as for— (A) fabrication; (B) advanced packaging; and (C) materials and equipment used to manufacture semiconductor products. (5) The Federal Government can leverage foreign direct investment and private dollars to grow the domestic manufacturing and production capacity of the United States for vulnerable segments of the semiconductor supply chain. (6) The SelectUSA program of the Department of Commerce, in coordination with other Federal agencies and State-level economic development organizations, is positioned to boost foreign direct investment in domestic manufacturing and to help secure the semiconductor supply chain of the United States. 4. Coordination with State-level economic development organizations Not later than 180 days after the date of the enactment of this Act, the Executive Director of SelectUSA shall solicit comments from State-level economic development organizations— (1) to review— (A) what efforts the Federal Government can take to support increased foreign direct investment in any segment of semiconductor-related production; (B) what barriers to such investment may exist and how to amplify State efforts to attract such investment; (C) public opportunities those organizations have identified to attract foreign direct investment to help increase investment described in subparagraph (A); and (D) resource gaps or other challenges that prevent those organizations from increasing such investment; and (2) to develop recommendations for— (A) how SelectUSA can increase such investment independently or through partnership with those organizations; and (B) working with countries that are allies or partners of the United States to ensure that foreign adversaries (as defined in section 8(c)(2) of the Secure and Trusted Communications Networks Act of 2019 ( 47 U.S.C. 1607(c)(2) 5. Report on increasing foreign direct investment in semiconductor-related manufacturing and production Not later than 2 years after the date of the enactment of this Act, the Executive Director of SelectUSA, in coordination with the Federal Interagency Investment Working Group established by Executive Order 13577 (76 Fed. Reg. 35,715; relating to establishment of the SelectUSA Initiative), shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report that includes— (1) a review of the comments SelectUSA received from State-level economic development organizations under section 4; (2) a description of activities SelectUSA is engaged in to increase foreign direct investment in semiconductor-related manufacturing and production; and (3) an assessment of strategies SelectUSA may implement to achieve an increase in such investment and to help secure the United States supply chain for semiconductors, including by— (A) working with other relevant Federal agencies; and (B) working with State-level economic development organizations and implementing any strategies or recommendations SelectUSA received from those organizations. 6. No additional funds No additional funds are authorized to be appropriated for the purpose of carrying out this Act. The Executive Director of SelectUSA shall carry out this Act using amounts otherwise available to the Executive Director for such purposes. Passed the Senate December 13, 2023. Secretary

Securing Semiconductor Supply Chains Act of 2023

Northern Border Coordination Act This bill establishes a center to coordinate border security activities along the U.S.-Canada border and addresses related issues. Specifically, the Department of Homeland Security (DHS) must establish the Northern Border Coordination Center to serve as the centralized coordination center for operations, domain awareness, intelligence, and engagement with federal, state, tribal, local, and international partners. The center must also (1) serve as a coordination mechanism for implementing, evaluating, and updating the Northern Border Security Strategy; and (2) support counter-unmanned aircraft systems operations. The bill also requires U.S. Customs and Border Protection's Air and Marine Operations to (1) establish capability at the center to support northern border missions, including in the Great Lakes region; (2) locate personnel and resources with the center to support air and maritime domain awareness; and (3) coordinate with relevant DHS components on various activities, including efforts to monitor unmanned aircraft systems.

118 S2291 IS: Northern Border Coordination Act U.S. Senate 2023-07-13 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 2291 IN THE SENATE OF THE UNITED STATES July 13, 2023 Mr. Peters Ms. Collins Committee on Homeland Security and Governmental Affairs A BILL To establish the Northern Border Coordination Center, and for other purposes. 1. Short title This Act may be cited as the Northern Border Coordination Act 2. Definitions In this Act: (1) Center The term Center (2) C–UAS The term C–UAS (3) Department The term Department (4) Northern border The term northern border (5) Secretary The term Secretary (6) Unmanned aircraft; unmanned aircraft systems The terms unmanned aircraft unmanned aircraft system 3. Northern Border Coordination Center (a) Establishment Not later than 1 year after the date of the enactment of this Act, the Secretary shall establish the Northern Border Coordination Center. (b) Purpose The purpose of the Center shall be to serve as the Department’s forward deployed centralized coordination center for operations, domain awareness, information sharing, intelligence, training, and stakeholder engagement with Federal, State, tribal, local, and international government partners along the northern border of the United States at a location that is collocated with an existing U.S. Border Patrol sector headquarters, the U.S. Border Patrol Northern Border Coordination Center, an Air and Marine Operations branch, and a United States Coast Guard air station. (c) Components (1) In general The Center shall collocate personnel and activities of— (A) U.S. Customs and Border Protection, including U.S. Border Patrol and Air and Marine Operations; (B) the United States Coast Guard; (C) Federal Law Enforcement Training Centers; (D) the Science and Technology Directorate; (E) other components and offices of the Department that the Secretary determines to be necessary; and (F) additional Federal, State, tribal, local, and international government partners, as the Secretary determines to be necessary and appropriate to support operations described in this Act. (d) Functions The Center shall perform the functions described in this subsection in addition to any other functions assigned by the Secretary. (1) Northern border security strategy The Center, in collaboration with relevant offices and components of the Department, shall— (A) serve as a coordination mechanism for operational components for the implementation, evaluation, and updating of the Northern Border Security Strategy and any successor strategy; and (B) support the development of best practices and policies for personnel at the northern border to support such implementation. (2) Training The Center shall serve as a training location to support the delivery of training or exercises for Department personnel and Federal, State, tribal, local, and international government partners. (3) Metrics The Center, in collaboration with relevant offices and components of the Department, shall coordinate the development and tracking of border security metrics for the northern border. (4) Resource and technological needs and challenges The Center, in collaboration with relevant offices and components of the Department, shall— (A) identify resource and technological needs or challenges affecting security along the northern border; (B) serve as a testing ground and demonstration location for the testing of border security technology, including determining such technology’s suitability and performance in the northern border and maritime environments; and (C) develop and test new technological capabilities to respond to the increased use of unmanned aircraft systems, including to specifically improve domain awareness along the northern border. (5) Air and marine operations (A) Quick reaction capabilities In support of the Center, U.S. Customs and Border Protection’s Air and Marine Operations— (i) shall establish and maintain capability that is collocated with the Center and available for quick deployment in support of the northern border missions of the Center, U.S. Customs and Border Protection, and the Department, specifically missions in the Great Lakes region; and (ii) in coordination with the Center and relevant offices and components of the Department, shall evaluate requirements and make recommendations to support the operations of large unmanned aircraft systems based at the Center. (B) Northern border domain awareness In order to coordinate with the Center and support its operations, the Air and Marine Operations Center shall establish a unit at the Center to provide the Center the capability— (i) to support air and maritime domain awareness and information sharing efforts along the northern border; (ii) to provide dedicated monitoring of northern border systems; and (iii) to lead, in coordination with other U.S. Customs and Border Protection components, Federal, State, tribal, local, and international governments, and private sector partners, the Center’s efforts to track and monitor legitimate cross-border traffic involving unmanned aircraft and unmanned aircraft systems. (6) Counter-unmanned aircraft systems The Center shall support counter-unmanned aircraft systems operations along the northern border to respond to the increased use of unmanned aircraft systems. (7) Privacy and civil rights The Center, in collaboration with the Chief Privacy Officer and the Office for Civil Rights and Civil Liberties of the Department, shall ensure that operations and practices of the Center comply with the privacy and civil rights policies of the Department and its components. (e) Annual reporting Not later than 180 days after the establishment of the Center, and annually thereafter, the Secretary shall submit a report to the Committee on Homeland Security and Governmental Affairs of the Senate Committee on Homeland Security of the House of Representatives (1) personnel levels; (2) additional resources that are needed to support the operations of the Center and northern border operations of the Department; and (3) any additional assets or authorities that are needed to increase security and domain awareness along the northern border.

Northern Border Coordination Act

Middle Class Borrower Protection Act of 2023 This bill rolls back changes made by the Federal Housing Finance Agency (FHFA) to the fees charged by Fannie Mae and Freddie Mac for a conventional single-family mortgage (i.e., loan-level pricing adjustments) and restricts future fee adjustments. These changes, effective May 1, 2023, revised the fee charts that provide percentage adjustments based on a mortgagor's credit score and down payment. The bill reinstates the fee structure that was in place prior to May 1, 2023. The Government Accountability Office (GAO) must report on the changes made by the FHFA. Further adjustments to the fee structure by FHFA are prohibited until 90 days after the publication of the GAO report. After this period, FHFA must follow Administrative Procedure Act requirements when proposing adjustments to the fee structure. The bill also requires that, to the greatest extent feasible, revisions to the fee schedule must be based on risk. Further, FHFA, Fannie Mae, and Freddie Mac are prohibited from imposing any loan-level pricing adjustment fee that is based on the ratio of the debt of the mortgagor to the income of the mortgagor.

118 S2296 IS: Middle Class Borrower Protection Act of 2023 U.S. Senate 2023-07-13 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 2296 IN THE SENATE OF THE UNITED STATES July 13, 2023 Mr. Braun Mr. Marshall Mr. Tillis Mrs. Hyde-Smith Mr. Moran Mr. Cotton Mr. Cornyn Mr. Barrasso Mr. Budd Mr. Wicker Mr. Cramer Mr. Thune Mr. Rubio Mr. Cruz Mr. Scott of Florida Committee on Banking, Housing, and Urban Affairs A BILL To cancel recent changes made by the Federal Housing Finance Agency to the up-front loan level pricing adjustments charged by Fannie Mae and Freddie Mac for guarantee of single-family mortgages, and for other purposes. 1. Short title This Act may be cited as the Middle Class Borrower Protection Act of 2023 2. Definitions In this Act: (1) Director The term Director (2) Enterprise The term enterprise 12 U.S.C. 4502 (3) Loan-level pricing adjustment fee The term loan-level pricing adjustment fee (4) Recalibrated single-family pricing framework The term recalibrated single-family pricing framework Updates to the Enterprises’ Single-Family Pricing Framework (5) Risk-based pricing The term risk-based pricing (6) Standard single-family pricing framework The term standard single-family pricing framework 3. Repeal of recalibrated single-family pricing framework Not later than 60 days after the date of the enactment of this Act, the Director shall revise the recalibrated single-family pricing framework charged by the enterprises for the guarantee of mortgages on single-family housing so that such fees are identical to the fees of the standard single-family pricing framework in effect immediately before May 1, 2023. 4. Restrictions on FHFA adjustments to single-family pricing framework (a) Temporary prohibition on further adjustments to single-Family pricing framework During the period beginning on the date of the revision of the recalibrated single-family pricing framework pursuant to section 3 and ending on the date that is 90 days after the date on which the Comptroller General of the United States submits to Congress the report required under section 6, the Director may not further revise the single-family pricing framework from the framework in effect pursuant to the revision required by section 3. (b) Administrative procedures for adoption of adjustments to the single-Family pricing framework After the expiration of the period described in subsection (a), when proposing adjustments to the single-family pricing framework, the Director shall follow procedures that are as close as practicable to those requirements for a Federal agency issuing a rule under chapter 5 Administrative Procedure Act (c) FHFA requirement for the use of risk-Based pricing Section 1367(b)(2) of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 ( 12 U.S.C. 4617(b)(2) (L) Additional powers as conservator The Agency shall, as conservator for an enterprise, to the greatest extent feasible, require that any modifications, including increases, decreases, or eliminations, approved to a loan-level pricing adjustment fee, as is defined in section 2 of the Middle Class Borrower Protection Act of 2023 . 5. Prohibition of loan-level price adjustments based on debt-to-income ratio The Director and the enterprises shall not impose any loan-level pricing adjustment fee that is based on the ratio of the debt of the mortgagor to the income of the mortgagor. 6. GAO study (a) Study The Comptroller General of the United States shall conduct a study of the revisions made by the Federal Housing Finance Agency to the standard single-family pricing framework under the recalibrated single-family pricing framework to— (1) analyze— (A) the methodology, policy considerations, and any other objectives used by the Federal Housing Finance Agency as the basis for those revisions, including the authority cited by the Director under the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 ( 12 U.S.C. 4501 et seq. (B) the data, econometric modeling, and other inputs supplied by the enterprises during the revision process; (C) the extent to which the revisions comply with the objectives of the Enterprise Regulatory Capital Framework, including the interaction with and treatment of any private mortgage insurance required in connection with a residential mortgage transaction; and (D) the economic impact of the revisions on various classes of lenders and borrowers affected by the revisions; (2) determine the extent to which the revisions— (A) were conducted on the basis of, and how they might deviate from, the principle of risk-based pricing; (B) deviate from the data, econometric modeling, and other inputs supplied by the enterprises during the revision process; (C) achieve the objectives of the Enterprise Regulatory Capital Framework, including if the revisions have resulted in either a negative profitability gap or negative rate of return on the targeted rate of return on capital for any business segment under the recalibrated single-family pricing framework; and (D) represent any increased risks to the safety and soundness of the enterprises; (3) assess the benefits that would accrue to first-time, low-income homebuyers based on the recalibrated single-family pricing framework taking effect; and (4) assess the impacts that the recalibrated single-family pricing framework taking effect would have on affordable housing preservation, rural housing, and manufactured housing. (b) Report Not later than 14 months after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress and make publicly available on a website of the Government Accountability Office a report setting forth the findings and conclusions of the study conducted under subsection (a).

Middle Class Borrower Protection Act of 2023

Promoting Cross-border Energy Infrastructure Act This bill establishes a new process for approving the construction and operation of energy infrastructure across an international border of the United States and replaces the existing process established under specified executive orders. Specifically, this bill requires a person to obtain a certificate of crossing before constructing, connecting, operating, or maintaining a border-crossing facility for the import or export of oil, natural gas, or electricity across a U.S. border between Canada or Mexico. A certificate must be obtained from the Federal Energy Regulatory Commission (FERC) for a facility consisting of oil or natural gas pipelines or the Department of Energy (DOE) for an electric transmission facility. As a condition of issuing a certificate, DOE must require that an electric transmission facility be constructed, connected, operated, or maintained consistent with specified policies and standards. FERC and DOE must meet a deadline for issuing a certificate as set forth by this bill. The bill also requires FERC to meet a deadline for approving applications to import or export natural gas to or from Canada or Mexico.

118 S23 IS: Promoting Cross-border Energy Infrastructure Act U.S. Senate 2023-01-23 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 23 IN THE SENATE OF THE UNITED STATES January 23 (legislative day, January 3), 2023 Mr. Mullin Committee on Energy and Natural Resources A BILL To establish a more uniform, transparent, and modern process to authorize the construction, connection, operation, and maintenance of international border-crossing facilities for the import and export of oil and natural gas and the transmission of electricity. 1. Short title This Act may be cited as the Promoting Cross-border Energy Infrastructure Act 2. Strengthening North American Energy Security (a) Definitions In this section: (1) Border-crossing facility The term border-crossing facility (2) Electric Reliability Organization; Regional entity The terms Electric Reliability Organization regional entity 16 U.S.C. 824o(a) (3) Independent System Operator; Regional Transmission Organization The terms Independent System Operator Regional Transmission Organization 16 U.S.C. 796 (4) Modification The term modification (5) Natural gas The term natural gas 15 U.S.C. 717a (6) Oil The term oil (b) Authorization of certain energy infrastructure projects at an international boundary of the United States (1) In general Except as provided in paragraph (3) and subsection (e), no person may construct, connect, operate, or maintain a border-crossing facility for the import or export of oil or natural gas, or the transmission of electricity, across an international border of the United States without obtaining a certificate of crossing for the border-crossing facility under this subsection. (2) Certificate of crossing (A) Requirement Not later than 120 days after the date on which final action is taken by the relevant official or agency described in subparagraph (B) under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. (B) Relevant official or agency described The relevant official or agency referred to in subparagraph (A) is— (i) the Federal Energy Regulatory Commission with respect to border-crossing facilities consisting of oil or natural gas pipelines; and (ii) the Secretary of Energy, with respect to border-crossing facilities consisting of electric transmission facilities. (C) Additional requirement for electric transmission facilities In the case of a request for a certificate of crossing for a border-crossing facility consisting of an electric transmission facility, the Secretary of Energy shall require, as a condition of issuing the certificate of crossing under subparagraph (A), that the border-crossing facility be constructed, connected, operated, or maintained consistent with all applicable policies and standards of— (i) the Electric Reliability Organization and the applicable regional entity; and (ii) any Regional Transmission Organization or Independent System Operator with operational or functional control over the border-crossing facility. (3) Exclusions (A) In general This subsection shall not apply to any construction, connection, operation, or maintenance of a border-crossing facility for the import or export of oil or natural gas, or the transmission of electricity if— (i) the border-crossing facility is operating for such import, export, or transmission as of the date of enactment of this Act; (ii) a permit described in subsection (e) for the construction, connection, operation, or maintenance has been issued; or (iii) subject to subparagraph (B), an application for a permit described in subsection (e) for the construction, connection, operation, or maintenance is pending on the date of enactment of this Act. (B) Pending applications With respect to an application described in clause (iii) of subparagraph (A), the exclusion described in that subparagraph shall apply until the earlier of— (i) the date on which the application is denied; or (ii) that date that is 2 years after the date of enactment of this Act, if the permit described in that clause has not been issued by that date. (4) Effect of other laws (A) Application to projects Nothing in this subsection or subsection (f) shall affect the application of any other Federal statute to a project for which a certificate of crossing for a border-crossing facility is requested under this subsection. (B) Natural Gas Act Nothing in this subsection or subsection (f) shall affect the requirement to obtain approval or authorization under sections 3 and 7 of the Natural Gas Act ( 15 U.S.C. 717b (C) Oil pipelines Nothing in this subsection or subsection (f) shall affect the authority of the Federal Energy Regulatory Commission with respect to oil pipelines under section 60502 of title 49, United States Code. (c) Importation or exportation of natural gas to canada and mexico Section 3(c) of the Natural Gas Act ( 15 U.S.C. 717b(c) In the case of an application for the importation of natural gas from, or the exportation of natural gas to, Canada or Mexico, the Commission shall grant the application not later than 30 days after the date on which the Commission receives the complete application. (d) Transmission of electric energy to Canada and Mexico (1) Repeal of requirement to secure order Section 202(e) of the Federal Power Act ( 16 U.S.C. 824a(e) (2) Conforming amendments (A) State regulations Section 202(f) of the Federal Power Act ( 16 U.S.C. 824a(f) insofar as such State regulation does not conflict with the exercise of the Commission's powers under or relating to subsection (e) (B) Seasonal diversity electricity exchange Section 602(b) of the Public Utility Regulatory Policies Act of 1978 ( 16 U.S.C. 824a–4(b) the Commission has conducted hearings and made the findings required under section 202(e) of the Federal Power Act the Secretary has conducted hearings and finds that the proposed transmission facilities would not impair the sufficiency of electric supply within the United States or would not impede or tend to impede the coordination in the public interest of facilities subject to the jurisdiction of the Secretary. (e) No presidential permit required No Presidential permit (or similar permit) required under Executive Order No. 10485 ( 42 U.S.C. 717b (f) Modifications to existing projects No certificate of crossing under subsection (b), or permit described in subsection (e), shall be required for a modification to— (1) an oil or natural gas pipeline or electric transmission facility that is operating for the import or export of oil or natural gas or the transmission of electricity as of the date of enactment of this Act; (2) an oil or natural gas pipeline or electric transmission facility for which a permit described in subsection (e) has been issued; or (3) a border-crossing facility for which a certificate of crossing has previously been issued under subsection (b). (g) Effective date; rulemaking deadlines (1) Effective date Subsections (b) through (f), and the amendments made by those subsections, shall take effect on the date that is 1 year after the date of enactment of this Act. (2) Rulemaking deadlines Each relevant official or agency described in subsection (b)(2)(B) shall— (A) not later than 180 days after the date of enactment of this Act, publish in the Federal Register a notice of proposed rulemaking to carry out the applicable requirements of subsection (b); and (B) not later than 1 year after the date of enactment of this Act, publish in the Federal Register a final rule to carry out the applicable requirements of subsection (b).

Promoting Cross-border Energy Infrastructure Act

Rural Physician Workforce Production Act of 2023 This bill allows certain hospitals to receive additional payment under Medicare for full-time equivalent residents who receive training in rural areas. Specifically, hospitals, critical access hospitals, sole community hospitals, and rural emergency hospitals may elect to receive payment for time spent by a resident in a rural training location if the resident trains for at least eight weeks in the location and the hospital pays the salary and benefits of the resident during this time. Additionally, hospitals may receive payment for all time spent by residents in a residency program in which 50% of all training is in rural locations, regardless of where the training occurs or specialty. Payments are based on the difference between the total amount of eligible payments (as determined by the Centers for Medicare &amp; Medicaid Services) and the amount of graduate medical education payments received (if applicable).

118 S230 IS: Rural Physician Workforce Production Act of 2023 U.S. Senate 2023-02-02 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 230 IN THE SENATE OF THE UNITED STATES February 2, 2023 Mr. Tester Mr. Barrasso Ms. Murkowski Ms. Collins Ms. Sinema Mrs. Hyde-Smith Mr. Cramer Mr. Kelly Mr. Heinrich Mrs. Capito Ms. Cortez Masto Committee on Finance A BILL To amend title XVIII of the Social Security Act to support rural residency training funding that is equitable for all States, and for other purposes. 1. Short title This Act may be cited as the Rural Physician Workforce Production Act of 2023 2. Elective rural sustainability per resident payment for residents training in rural training locations (a) In general Section 1886 of the Social Security Act ( 42 U.S.C. 1395ww (u) Elective rural sustainability per resident payment amount for residents training in rural training locations (1) Determination of elective rural sustainability per resident payment amount (A) In general The elective rural sustainability per resident payment amount determined under this subsection for an applicable hospital (as defined in paragraph (7)(A)) that makes an election under paragraph (2), with respect to each full-time-equivalent resident in an approved medical residency training program that receives training in a rural training location (as defined in paragraph (7)(C)), is an amount equal to the difference between— (i) the total elective rural sustainability amount determined under subparagraph (B) (or, in the case of an applicable hospital not located in a rural area, the total elective rural sustainability amount or urban total elective rural sustainability amount, as applicable, determined under such subparagraph); and (ii) the amount (if any) the applicable hospital otherwise receives for direct graduate medical education costs under subsection (h) or section 1814(l), as applicable, with respect to each such resident. (B) Total elective rural sustainability amount (i) Establishment for initial cost reporting periods (I) In general Subject to subclause (II), for cost reporting periods beginning during the first year beginning on or after the date of the enactment of this subsection, the Secretary shall establish a total elective rural sustainability amount for time spent by each full-time-equivalent resident in an approved medical residency training program that receives training in a rural training location. Such amount shall be the amount that the Secretary determines is equal to the median national direct GME training costs per full-time equivalent resident for 2015 described in table 9 on page 33 of the March 2018 GAO report on Physician Workforce (GAO–18–240), updated for each subsequent year through the first year beginning on or after the date of the enactment of this subsection, by the annual percentage increase in the consumer price index for all urban consumers (all items; United States city average). (II) Application to urban hospitals For cost reporting periods beginning during the first year beginning on or after the date of the enactment of this subsection, in the case of an applicable hospital that is not located in a rural area— (aa) with respect to such residents that receive training in a rural track or an integrated rural track, the total elective rural sustainability amount per resident shall be equal to the amount established under subclause (I); and (bb) with respect to such residents that receive training in a rural training location and who are not participating in a rural track or an integrated rural track, the total elective rural sustainability amount per resident shall be equal to 50 percent of the amount established under subclause (I) (referred to in this subsection as the urban total elective rural sustainability amount (ii) Updating for subsequent cost reporting periods For each subsequent cost reporting period, the total elective rural sustainability amount under clause (i)(I) and clause (i)(II)(aa) and the urban total elective rural sustainability amount under clause (i)(II)(bb), respectively, are equal to such amounts determined under such clause for the previous cost reporting period updated, through the midpoint of the period, by projecting the estimated percentage change in the consumer price index for all urban consumers (all items; United States city average) during the 12-month period ending at that midpoint, with appropriate adjustments to reflect previous under- or over-estimations under this clause in the projected percentage change in the consumer price index for medical care services. (C) Clarification The total elective rural sustainability amount, the urban total elective rural sustainability amount, and the elective rural sustainability per resident payment amount determined under this paragraph shall not be discounted or otherwise adjusted based on the Medicare patient load (as defined in subsection (h)(3)(C)) of an applicable hospital or discharges in a diagnosis-related group. (2) Election For cost reporting periods beginning on or after the date that is 1 year after the date of the enactment of this subsection, an applicable hospital may elect to receive the elective rural sustainability per resident payment amount for each full-time-equivalent resident in an approved medical residency training program that receives training in a rural training location in accordance with this subsection. An applicable hospital may make an election under the preceding sentence regardless of whether the applicable hospital is otherwise eligible for a payment or adjustment for indirect and direct graduate medical education costs under subsections (d)(5)(B) and (h) or section 1814(l), as applicable, with respect to such residents. (3) Application The provisions of this subsection, or the application of such provisions to an applicable hospital— (A) shall not result in— (i) the establishment of a limitation on the number of residents in allopathic or osteopathic medicine for purposes of subsections (d)(5)(B) and (h) with respect to an approved medical residency training program of an applicable hospital (or be taken into account in determining such a limitation during the cap building period of an applicable hospital); or (ii) the counting of any resident with respect to which the applicable hospital receives an elective rural sustainability per resident payment amount under this subsection towards the application of the limitation described in clause (i) for purposes of subsections (d)(5)(B) and (h); and (B) shall not have any effect on the determination of— (i) the additional payment amount under subsection (d)(5)(B); or (ii) hospital-specific approved FTE resident amounts under subsection (h). (4) Allocation of payments In providing for payments under this subsection, the Secretary shall provide for an allocation of such payments between parts A and part B (and the trust funds established under the respective parts) as reasonably reflects the proportion of such costs associated with the provision of services under each respective part. (5) Eligibility for payment (A) In general An applicable hospital shall be eligible for payment of the elective rural sustainability per resident payment amount under this subsection for time spent by a resident training in a rural training location if the following requirements are met: (i) The resident spends the equivalent of at least 8 weeks over the course of their training in a rural training location. (ii) The hospital pays the salary and benefits of the resident for the time spent training in a rural training location. (B) Treatment of time spent in rural tracks or integrated rural tracks An applicable hospital shall be eligible for payment of the elective rural sustainability per resident payment amount under this subsection for all time spent by residents in an approved medical residency program (or separately defined track within a program) that provides more than 50 percent of the total residency training time in rural training locations, regardless of where the training occurs and regardless of specialty. (6) Determination of full-time-equivalent residents The determination of full-time-equivalent residents for purposes of this subsection shall be made in the same manner as the determination of full-time-equivalent residents under subsection (h)(4), but not taking into account the limitation under subparagraph (F) of such subsection. (7) Definitions In this subsection: (A) Applicable hospital The term applicable hospital (B) Approved medical residency training program; direct graduate medical education costs; resident The terms approved medical residency training program direct graduate medical education costs resident (C) Rural training location The term rural training location (i) The training occurs in a location that is a rural area (as defined in section 1886(d)(2)(D)). (ii) The training occurs in a location that has a rural-urban commuting area code equal to or greater than 4.0. (iii) The training occurs in a sole community hospital (as defined in subsection (d)(5)(D)(iii)) or in a location that is within 10 miles of a sole community hospital. (8) Budget neutrality requirement The Secretary shall ensure that aggregate payments for direct medical education costs and indirect medical education costs under this title, including any payments under this subsection, for each year (effective beginning on or after the date that is 1 year after the date of enactment of this subsection) are not greater than the aggregate payments for such costs that would have been made under this title for the year without the application of this subsection. For purposes of carrying out the budget neutrality requirement under the preceding sentence, the Secretary may make appropriate adjustments to the amount of such payments for direct graduate medical education costs and indirect medical education costs under subsections (h) and (d)(5)(B), respectively. . (b) Treatment of critical access hospitals and sole community hospitals (1) Critical access hospitals Section 1814(l) of the Social Security Act ( 42 U.S.C. 1395f(l) (6) For cost reporting periods beginning on or after the date that is 1 year after the date of enactment of this paragraph, the following shall apply: (A) A critical access hospital may elect to be treated as a hospital or as a non-provider setting for purposes of counting resident time for indirect medical education costs and direct graduate medical education costs for the time spent by the resident in that setting under subsections (d)(5)(B) and (h), respectively, of section 1886. (B) Medical education costs shall not be considered reasonable costs of a critical access hospital for purposes of payment under paragraph (1), to the extent that the critical access hospital is treated as a non-provider setting of another hospital or another hospital receives payment for such costs for the time spent by the resident in that setting pursuant to subsection (d)(5)(B), subsection (h), or subsection (u) of section 1886. . (2) Sole community hospitals Section 1886(d)(5)(D) of the Social Security Act ( 42 U.S.C. 1395ww(d)(5)(D) (vi) For cost reporting periods beginning on or after the date that is 1 year after the date of enactment of this paragraph, the hospital-specific payment amount determined under clause (i)(I) with respect to a sole community hospital shall not include medical education costs, to the extent that the sole community hospital receives payment for such costs for the time spent by the resident in that setting pursuant to subsection (u). . (c) Conforming amendments (1) Section 1886 of the Social Security Act ( 42 U.S.C. 1395ww (A) in subsection (d)(5)(B), in the matter preceding clause (i), by striking The Secretary Subject to subsection (u), the Secretary (B) in subsection (h)— (i) in paragraph (1), by inserting subject to subsection (u) 1861(v), (ii) in paragraph (3), in the flush matter following subparagraph (B), by striking subsection (k) subsection (k) or subsection (u) 3. Supporting new, expanding, and existing rural training tracks (a) Direct graduate medical education Section 1886(h) of the Social Security Act ( 42 U.S.C. 1395ww(h) (1) in paragraph (4)— (A) in subparagraph (F)(i)— (i) by striking 130 percent for cost reporting periods beginning on or after October 1, 1997, and before the date that is 1 year after the date of enactment of the Rural Physician Workforce Production Act of 2023 (ii) by adding at the end the following: For cost reporting periods beginning on or after the date that is 1 year after the date of enactment of the Rural Physician Workforce Production Act of 2023 (B) in subparagraph (H)— (i) in clause (i), in the second sentence, by inserting the following before the period: , in accordance with the second sentence of clause (i) of such subparagraph (ii) in clause (iv)(II), by inserting the following before the period: , in accordance with the second sentence of clause (i) of such subparagraph (2) in paragraph (5), by adding at the end the following new subparagraph: (L) Special rules regarding application of elective rural sustainability per resident payment amount For special rules regarding application of the elective rural sustainability per resident payment amount under subsection (u), see paragraph (3) of such subsection. . (b) Indirect medical education Section 1886(d)(5)(B)(v) of such Act ( 42 U.S.C. 1395ww(d)(5)(B)(v) (1) by striking 130 percent for cost reporting periods beginning on or after October 1, 1997, and before the date that is 1 year after the date of enactment of the Rural Physician Workforce Production Act of 2023 (2) by adding at the end the following: For cost reporting periods beginning on or after the date that is 1 year after the date of enactment of the Rural Physician Workforce Production Act of 2023

Rural Physician Workforce Production Act of 2023

Legislative Branch Appropriations Act, 2024 This bill provides FY2024 appropriations for the legislative branch, including the Senate and joint items such as the Joint Economic Committee, Joint Congressional Committee on Inaugural Ceremonies of 2025, the Joint Committee on Taxation, the Office of the Attending Physician, and the Office of Congressional Accessibility Services. In addition, the bill provides FY2024 appropriations for the Capitol Police; the Office of Congressional Workplace Rights; the Congressional Budget Office; the Architect of the Capitol; the Library of Congress, including the Congressional Research Service and the Copyright Office; the Government Publishing Office; the Government Accountability Office; Congressional Office for International Leadership Fund; and the John C. Stennis Center for Public Service Training and Development. (Pursuant to the longstanding practice of each chamber of Congress determining its own requirements, funds for the House of Representatives are not included in the Senate bill.) The bill also sets forth requirements and restrictions for using funds provided by this bill.

118 S2302 RS: Legislative Branch Appropriations Act, 2024 U.S. Senate 2023-07-13 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II Calendar No. 130 118th CONGRESS 1st Session S. 2302 [Report No. 118–60] IN THE SENATE OF THE UNITED STATES July 13, 2023 Mr. Reed Committee on Appropriations A BILL Making appropriations for the Legislative Branch for the fiscal year ending September 30, 2024, and for other purposes. That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the Legislative Branch for the fiscal year ending September 30, 2024, and for other purposes, namely: I LEGISLATIVE BRANCH SENATE Expense Allowances For expense allowances of the Vice President, $20,000; the President Pro Tempore of the Senate, $40,000; Majority Leader of the Senate, $40,000; Minority Leader of the Senate, $40,000; Majority Whip of the Senate, $10,000; Minority Whip of the Senate, $10,000; President Pro Tempore Emeritus, $15,000; Chairmen of the Majority and Minority Conference Committees, $5,000 for each Chairman; and Chairmen of the Majority and Minority Policy Committees, $5,000 for each Chairman; in all, $195,000. For representation allowances of the Majority and Minority Leaders of the Senate, $15,000 for each such Leader; in all, $30,000. Salaries, Officers and Employees For compensation of officers, employees, and others as authorized by law, including agency contributions, $276,978,000, which shall be paid from this appropriation as follows: OFFICE OF THE VICE PRESIDENT For the Office of the Vice President, $2,944,000. OFFICE OF THE PRESIDENT PRO TEMPORE For the Office of the President Pro Tempore, $843,000. OFFICE OF THE PRESIDENT PRO TEMPORE EMERITUS For the Office of the President Pro Tempore Emeritus, $364,000. OFFICES OF THE MAJORITY AND MINORITY LEADERS For Offices of the Majority and Minority Leaders, $6,272,000. OFFICES OF THE MAJORITY AND MINORITY WHIPS For Offices of the Majority and Minority Whips, $3,934,000. COMMITTEE ON APPROPRIATIONS For salaries of the Committee on Appropriations, $18,688,000. CONFERENCE COMMITTEES For the Conference of the Majority and the Conference of the Minority, at rates of compensation to be fixed by the Chairman of each such committee, $1,914,000 for each such committee; in all, $3,828,000. OFFICES OF THE SECRETARIES OF THE CONFERENCE OF THE MAJORITY AND THE CONFERENCE OF THE MINORITY For Offices of the Secretaries of the Conference of the Majority and the Conference of the Minority, $952,000. POLICY COMMITTEES For salaries of the Majority Policy Committee and the Minority Policy Committee, $1,955,000 for each such committee; in all, $3,910,000. OFFICE OF THE CHAPLAIN For Office of the Chaplain, $606,000. OFFICE OF THE SECRETARY For Office of the Secretary, $30,288,000. OFFICE OF THE SERGEANT AT ARMS AND DOORKEEPER For Office of the Sergeant at Arms and Doorkeeper, $116,194,000. OFFICES OF THE SECRETARIES FOR THE MAJORITY AND MINORITY For Offices of the Secretary for the Majority and the Secretary for the Minority, $2,644,000. AGENCY CONTRIBUTIONS AND RELATED EXPENSES For agency contributions for employee benefits, as authorized by law, and related expenses, $86,003,000. Office of the Legislative Counsel of the Senate For salaries and expenses of the Office of the Legislative Counsel of the Senate, $8,460,000. Office of Senate Legal Counsel For salaries and expenses of the Office of Senate Legal Counsel, $1,365,000. Expense Allowances of the Secretary of the Senate, Sergeant at Arms and Doorkeeper of the Senate, and Secretaries for the Majority and Minority of the Senate For expense allowances of the Secretary of the Senate, $7,500; Sergeant at Arms and Doorkeeper of the Senate, $7,500; Secretary for the Majority of the Senate, $7,500; Secretary for the Minority of the Senate, $7,500; in all, $30,000. Contingent Expenses of the Senate INQUIRIES AND INVESTIGATIONS For expenses of inquiries and investigations ordered by the Senate, or conducted under paragraph 1 of rule XXVI of the Standing Rules of the Senate, section 112 of the Supplemental Appropriations and Rescission Act, 1980 ( Public Law 96–304 U.S. SENATE CAUCUS ON INTERNATIONAL NARCOTICS CONTROL For expenses of the United States Senate Caucus on International Narcotics Control, $582,000. SECRETARY OF THE SENATE For expenses of the Office of the Secretary of the Senate, $17,494,000, of which $13,000,000 shall remain available until September 30, 2028, and of which $4,500,000 shall remain available until expended: Provided Public Law 117–326 SERGEANT AT ARMS AND DOORKEEPER OF THE SENATE For expenses of the Office of the Sergeant at Arms and Doorkeeper of the Senate, $194,942,000, of which $185,934,000 shall remain available until September 30, 2028: Provided MISCELLANEOUS ITEMS For miscellaneous items, $26,517,000 which shall remain available until September 30, 2026. SENATORS' OFFICIAL PERSONNEL AND OFFICE EXPENSE ACCOUNT For Senators' Official Personnel and Office Expense Account, $534,510,000, of which $49,169,000 shall remain available until September 30, 2026, and of which $7,000,000 shall be allocated solely for the purpose of providing financial compensation to Senate interns. OFFICIAL MAIL COSTS For expenses necessary for official mail costs of the Senate, $300,000. Administrative Provisions REQUIRING AMOUNTS REMAINING IN SENATORS' OFFICIAL PERSONNEL AND OFFICE EXPENSE ACCOUNT TO BE USED FOR DEFICIT REDUCTION OR TO REDUCE THE FEDERAL DEBT 101. Notwithstanding any other provision of law, any amounts appropriated under this Act under the heading SENATE Contingent Expenses of the Senate senators’ official personnel and office expense account GENERAL PROVISION 2 U.S.C. 4107 SENATE NATIONAL SECURITY WORKING GROUP 102. (a) In general Section 21 of Senate Resolution 64 (113th Congress), agreed to March 5, 2013, is amended by striking subsection (d). (b) Effective date The amendment made by subsection (a) shall take effect as though enacted on December 31, 2022. NUMBER OF CONSULTANTS 103. Section 101(a) of the Supplemental Appropriations Act, 1977 ( 2 U.S.C. 6501(a) nine 12 AVAILABILITY OF AUTHORITY OF EXECUTIVE AGENCIES TO USE APPROPRIATED AMOUNTS FOR CHILD CARE TO LEGISLATIVE BRANCH 104. Section 590(g) of title 40, United States Code, is amended by adding at the end the following: (7) Application to senate and other legislative branch agencies This subsection shall apply with respect to the Senate and agencies in the legislative branch that are not entities of the Senate or of the House of Representatives (in this paragraph referred to as legislative branch agencies (A) the authority granted to the Office of Personnel Management shall be exercised— (i) with respect to a legislative branch agency, by the head of the legislative branch agency; or (ii) with respect to the Senate, by the Majority and Minority Leaders of the Senate, in accordance with regulations promulgated by the Committee on Rules and Administration of the Senate; and (B) amounts may be made available to implement this subsection with respect to the Senate without advance notice to the Committee on Appropriations of the House of Representatives. . SECURITY OF OFFICE SPACE RENTED BY SENATORS 105. Section 3 of the Legislative Branch Appropriations Act, 1975 ( 2 U.S.C. 6317 (1) in subsection (b)— (A) by redesignating paragraphs (1) through (12) as subparagraphs (A) through (L), respectively; (B) by striking The aggregate (1) Subject to paragraph (2), the aggregate (C) by adding at the end the following: (2) The aggregate square feet of an office space for purposes of paragraph (1) shall not include any portion of the office space used for security or safety enhancements that are— (A) of a kind authorized by the Committee on Rules and Administration of the Senate, which shall include an information technology security closet and a secure lobby or reception area; and (B) approved by the Sergeant at Arms and Doorkeeper of the Senate. ; and (2) in subsection (c)(1)— (A) by striking The maximum (A) Subject to subparagraph (B), the maximum (B) by adding at the end the following: (B) The portion of the cost of a rental described in subparagraph (A) that is attributable to building security and safety measures shall not be included in determining the annual rate paid for the rental for purposes of subparagraph (A) if— (i) the costs are for building security and safety measures— (I) of a kind authorized by the Committee on Rules and Administration of the Senate, which shall include guard services, access control, and facility monitoring; and (II) approved by the Sergeant at Arms and Doorkeeper of the Senate; and (ii) such costs are itemized separately in a manner approved by the Sergeant at Arms and Doorkeeper of the Senate. . JOINT ITEMS For Joint Committees, as follows: Joint Economic Committee For salaries and expenses of the Joint Economic Committee, $4,283,000, to be disbursed by the Secretary of the Senate. Joint congressional committee on inaugural ceremonies of 2025 For salaries and expenses associated with conducting the inaugural ceremonies of the President and Vice President of the United States, January 20, 2025, in accordance with such program as may be adopted by the joint congressional committee authorized to conduct the inaugural ceremonies of 2025, $3,675,000 to be disbursed by the Secretary of the Senate and to remain available until September 30, 2025: Provided, Provided further, Provided further, SENATE Contingent Expenses of the Senate inquiries and investigations Joint Committee on Taxation For salaries and expenses of the Joint Committee on Taxation, $14,125,000, to be disbursed by the Chief Administrative Officer of the House of Representatives. For other joint items, as follows: Office of the Attending Physician For medical supplies, equipment, and contingent expenses of the emergency rooms, and for the Attending Physician and his assistants, including: (1) an allowance of $3,500 per month to the Attending Physician; (2) an allowance of $2,500 per month to the Senior Medical Officer; (3) an allowance of $900 per month each to three medical officers while on duty in the Office of the Attending Physician; (4) an allowance of $900 per month to 2 assistants and $900 per month each not to exceed 11 assistants on the basis heretofore provided for such assistants; and (5) $3,054,000 for reimbursement to the Department of the Navy for expenses incurred for staff and equipment assigned to the Office of the Attending Physician, which shall be advanced and credited to the applicable appropriation or appropriations from which such salaries, allowances, and other expenses are payable and shall be available for all the purposes thereof, $6,000,000, to be disbursed by the Chief Administrative Officer of the House of Representatives. Office of Congressional Accessibility Services Salaries and Expenses For salaries and expenses of the Office of Congressional Accessibility Services, $1,766,000, to be disbursed by the Secretary of the Senate. CAPITOL POLICE Salaries For salaries of employees of the Capitol Police, including overtime, hazardous duty pay, and Government contributions for health, retirement, social security, professional liability insurance, and other applicable employee benefits, $588,627,000, to be disbursed by the Chief of the Capitol Police or a duly authorized designee: Provided, Provided further, General Expenses For necessary expenses of the Capitol Police, including motor vehicles, communications and other equipment, security equipment and installation, uniforms, weapons, supplies, materials, training, medical services, forensic services, Member protection-related activities and equipment, stenographic services, personal and professional services, the employee assistance program, the awards program, postage, communication services, travel advances, relocation of instructor and liaison personnel for the Federal Law Enforcement Training Centers, and not more than $5,000 to be expended on the certification of the Chief of the Capitol Police in connection with official representation and reception expenses, $203,846,000, to be disbursed by the Chief of the Capitol Police or a duly authorized designee: Provided, Provided further Provided further, OFFICE OF CONGRESSIONAL WORKPLACE RIGHTS Salaries and Expenses For salaries and expenses necessary for the operation of the Office of Congressional Workplace Rights, $8,300,000, of which $2,500,000 shall remain available until September 30, 2025, and of which not more than $1,000 may be expended on the certification of the Executive Director in connection with official representation and reception expenses. CONGRESSIONAL BUDGET OFFICE Salaries and Expenses For salaries and expenses necessary for operation of the Congressional Budget Office, including not more than $6,000 to be expended on the certification of the Director of the Congressional Budget Office in connection with official representation and reception expenses, $70,125,000: Provided, ARCHITECT OF THE CAPITOL Capital Construction and Operations For salaries for the Architect of the Capitol, and other personal services, at rates of pay provided by law; for all necessary expenses for surveys and studies, construction, operation, and general and administrative support in connection with facilities and activities under the care of the Architect of the Capitol, including the Botanic Garden; for electrical substations of the Capitol, Senate and House office buildings, and other facilities under the jurisdiction of the Architect of the Capitol; for furnishings and office equipment; for official reception and representation expenses of not more than $5,000, to be expended as the Architect of the Capitol may approve; for purchase or exchange, maintenance, and operation of a passenger motor vehicle, $161,833,000, of which $8,600,000 shall remain available until September 30, 2028: Provided, Provided further, Resiliency Efforts ARCHITECT OF THE CAPITOL Capitol Power Plant Public Law 117–328 Capitol Building For all necessary expenses for the maintenance, care and operation of the Capitol, $108,174,000, of which $52,500,000 shall remain available until September 30, 2028, and of which $21,300,000 shall remain available until expended. Capitol Grounds For all necessary expenses for care and improvement of grounds surrounding the Capitol, the Senate and House office buildings, and the Capitol Power Plant, $16,600,000, of which $2,000,000 shall remain available until September 30, 2028. Senate Office Buildings For all necessary expenses for the maintenance, care and operation of Senate office buildings; and furniture and furnishings to be expended under the control and supervision of the Architect of the Capitol, $147,501,000, of which $60,700,000 shall remain available until September 30, 2028, and of which $1,000,000 shall remain available until expended: Provided, Capitol Power Plant For all necessary expenses for the maintenance, care and operation of the Capitol Power Plant; lighting, heating, power (including the purchase of electrical energy) and water and sewer services for the Capitol, Senate and House office buildings, Library of Congress buildings, and the grounds about the same, Botanic Garden, Senate garage, and air conditioning refrigeration not supplied from plants in any of such buildings; heating the Government Publishing Office and Washington City Post Office, and heating and chilled water for air conditioning for the Supreme Court Building, the Union Station complex, the Thurgood Marshall Federal Judiciary Building and the Folger Shakespeare Library, expenses for which shall be advanced or reimbursed upon request of the Architect of the Capitol and amounts so received shall be deposited into the Treasury to the credit of this appropriation, $149,650,000, of which $44,400,000 shall remain available until September 30, 2028: Provided, Library Buildings and Grounds For all necessary expenses for the mechanical and structural maintenance, care and operation of the Library buildings and grounds, $78,578,000, of which $41,400,000 shall remain available until September 30, 2028. Capitol Police Buildings, Grounds and Security For all necessary expenses for the maintenance, care and operation of buildings, grounds and security enhancements of the United States Capitol Police, wherever located, the Alternate Computing Facility, and Architect of the Capitol security operations, $86,757,000, of which $27,719,000 shall remain available until September 30, 2028: Provided Provided further, Botanic Garden For all necessary expenses for the maintenance, care and operation of the Botanic Garden and the nurseries, buildings, grounds, and collections; and purchase and exchange, maintenance, repair, and operation of a passenger motor vehicle; all under the direction of the Joint Committee on the Library, $20,606,000, of which $5,000,000 shall remain available until September 30, 2028: Provided, 2 U.S.C. 2146 Capitol visitor center For all necessary expenses for the operation of the Capitol Visitor Center, $28,000,000. Administrative provision NO BONUSES FOR CONTRACTORS BEHIND SCHEDULE OR OVER BUDGET 120. None of the funds made available in this Act for the Architect of the Capitol may be used to make incentive or award payments to contractors for work on contracts or programs for which the contractor is behind schedule or over budget, unless the Architect of the Capitol, or agency-employed designee, determines that any such deviations are due to unforeseeable events, government-driven scope changes, or are not significant within the overall scope of the project and/or program. LIBRARY OF CONGRESS Salaries and Expenses For all necessary expenses of the Library of Congress not otherwise provided for, including development and maintenance of the Library's catalogs; custody and custodial care of the Library buildings; information technology services provided centrally; special clothing; cleaning, laundering and repair of uniforms; preservation of motion pictures in the custody of the Library; operation and maintenance of the American Folklife Center in the Library; preparation and distribution of catalog records and other publications of the Library; hire or purchase of one passenger motor vehicle; and expenses of the Library of Congress Trust Fund Board not properly chargeable to the income of any trust fund held by the Board, $596,101,000, and, in addition, amounts credited to this appropriation during fiscal year 2024 under the Act of June 28, 1902 (chapter 1301; 32 Stat. 480; 2 U.S.C. 150 Provided, Provided further, Provided further, Provided further, Provided further, Provided further, Provided further, Provided further, Copyright Office SALARIES AND EXPENSES For all necessary expenses of the Copyright Office, $103,128,000, of which not more than $38,025,000, to remain available until expended, shall be derived from collections credited to this appropriation during fiscal year 2024 under sections 708(d) and 1316 of title 17, United States Code: Provided, Provided further, Provided further, Provided further, Provided further, International Copyright Institute Provided further, Provided further, chapter 8 Congressional Research Service SALARIES AND EXPENSES For all necessary expenses to carry out the provisions of section 203 of the Legislative Reorganization Act of 1946 ( 2 U.S.C. 166 Provided, Provided further, Provided further, National Library Service for the Blind and Print Disabled SALARIES AND EXPENSES For all necessary expenses to carry out the Act of March 3, 1931 (chapter 400; 46 Stat. 1487; 2 U.S.C. 135a Provided, Administrative Provision REIMBURSABLE AND REVOLVING FUND ACTIVITIES 130. (a) In General For fiscal year 2024, the obligational authority of the Library of Congress for the activities described in subsection (b) may not exceed $324,110,000. (b) Activities The activities referred to in subsection (a) are reimbursable and revolving fund activities that are funded from sources other than appropriations to the Library in appropriations Acts for the legislative branch. GOVERNMENT PUBLISHING OFFICE Congressional Publishing (INCLUDING TRANSFER OF FUNDS) For authorized publishing of congressional information and the distribution of congressional information in any format; publishing of Government publications authorized by law to be distributed to Members of Congress; and publishing, and distribution of Government publications authorized by law to be distributed without charge to the recipient, $83,000,000: Provided, Provided further, Provided further, chapter 7 Provided further, Government Publishing Office Business Operations Revolving Fund Provided further, Public Information Programs of the Superintendent of Documents SALARIES AND EXPENSES (INCLUDING TRANSFER OF FUNDS) For expenses of the public information programs of the Office of Superintendent of Documents necessary to provide for the cataloging and indexing of Government publications in any format, and their distribution to the public, Members of Congress, other Government agencies, and designated depository and international exchange libraries as authorized by law, $36,476,000: Provided, Provided further, Government Publishing Office Business Operations Revolving Fund Government Publishing Office Business Operations Revolving Fund For payment to the Government Publishing Office Business Operations Revolving Fund, $12,090,000, to remain available until expended, for information technology development and facilities repair: Provided, Provided further, Provided further, Provided further, Provided further, Provided further, Provided further, Public Information Programs of the Superintendent of Documents GOVERNMENT ACCOUNTABILITY OFFICE Salaries and Expenses For necessary expenses of the Government Accountability Office, including not more than $12,500 to be expended on the certification of the Comptroller General of the United States in connection with official representation and reception expenses; temporary or intermittent services under section 3109(b) of title 5, United States Code, but at rates for individuals not more than the daily equivalent of the annual rate of basic pay for level IV of the Executive Schedule under section 5315 of such title; hire of one passenger motor vehicle; advance payments in foreign countries in accordance with section 3324 of title 31, United States Code; benefits comparable to those payable under sections 901(5), (6), and (8) of the Foreign Service Act of 1980 ( 22 U.S.C. 4081(5) Provided, Provided further, Provided further, CONGRESSIONAL OFFICE FOR INTERNATIONAL LEADERSHIP FUND For a payment to the Congressional Office for International Leadership Fund for financing activities of the Congressional Office for International Leadership under section 313 of the Legislative Branch Appropriations Act, 2001 ( 2 U.S.C. 1151 Provided, JOHN C. STENNIS CENTER FOR PUBLIC SERVICE TRAINING AND DEVELOPMENT For payment to the John C. Stennis Center for Public Service Development Trust Fund established under section 116 of the John C. Stennis Center for Public Service Training and Development Act ( 2 U.S.C. 1105 II GENERAL PROVISIONS MAINTENANCE AND CARE OF PRIVATE VEHICLES 201. No part of the funds appropriated in this Act shall be used for the maintenance or care of private vehicles, except for emergency assistance and cleaning as may be provided under regulations relating to parking facilities for the House of Representatives issued by the Committee on House Administration and for the Senate issued by the Committee on Rules and Administration. FISCAL YEAR LIMITATION 202. No part of the funds appropriated in this Act shall remain available for obligation beyond fiscal year 2024 unless expressly so provided in this Act. RATES OF COMPENSATION AND DESIGNATION 203. Whenever in this Act any office or position not specifically established by the Legislative Pay Act of 1929 (46 Stat. 32 et seq.) is appropriated for or the rate of compensation or designation of any office or position appropriated for is different from that specifically established by such Act, the rate of compensation and the designation in this Act shall be the permanent law with respect thereto: Provided, CONSULTING SERVICES 204. The expenditure of any appropriation under this Act for any consulting service through procurement contract, under section 3109 of title 5, United States Code, shall be limited to those contracts where such expenditures are a matter of public record and available for public inspection, except where otherwise provided under existing law, or under existing Executive order issued under existing law. COSTS OF LEGISLATIVE BRANCH FINANCIAL MANAGERS COUNCIL 205. Amounts available for administrative expenses of any legislative branch entity which participates in the Legislative Branch Financial Managers Council (LBFMC) established by charter on March 26, 1996, shall be available to finance an appropriate share of LBFMC costs as determined by the LBFMC, except that the total LBFMC costs to be shared among all participating legislative branch entities (in such allocations among the entities as the entities may determine) may not exceed $2,000. LIMITATION ON TRANSFERS 206. None of the funds made available in this Act may be transferred to any department, agency, or instrumentality of the United States Government, except pursuant to a transfer made by, or transfer authority provided in, this Act or any other appropriation Act. GUIDED TOURS OF THE CAPITOL 207. (a) Except as provided in subsection (b), none of the funds made available to the Architect of the Capitol in this Act may be used to eliminate or restrict guided tours of the United States Capitol which are led by employees and interns of offices of Members of Congress and other offices of the House of Representatives and Senate, unless through regulations as authorized by section 402(b)(8) of the Capitol Visitor Center Act of 2008 ( 2 U.S.C. 2242(b)(8) (b) At the direction of the Capitol Police Board, or at the direction of the Architect of the Capitol with the approval of the Capitol Police Board, guided tours of the United States Capitol which are led by employees and interns described in subsection (a) may be suspended temporarily or otherwise subject to restriction for security or related reasons to the same extent as guided tours of the United States Capitol which are led by the Architect of the Capitol. LIMITATION ON TELECOMMUNICATIONS EQUIPMENT PROCUREMENT 208. (a) None of the funds appropriated or otherwise made available under this Act may be used to acquire telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation for a high or moderate impact information system, as defined for security categorization in the National Institute of Standards and Technology’s (NIST) Federal Information Processing Standard Publication 199, Standards for Security Categorization of Federal Information and Information Systems (1) reviewed the supply chain risk for the information systems against criteria developed by NIST to inform acquisition decisions for high or moderate impact information systems within the Federal Government; (2) reviewed the supply chain risk from the presumptive awardee against available and relevant threat information provided by the Federal Bureau of Investigation and other appropriate agencies; and (3) in consultation with the Federal Bureau of Investigation or other appropriate Federal entity, conducted an assessment of any risk of cyber-espionage or sabotage associated with the acquisition of such telecommunications equipment for inclusion in a high or moderate impact system, including any risk associated with such system being produced, manufactured, or assembled by one or more entities identified by the United States Government as posing a cyber threat, including but not limited to, those that may be owned, directed, or subsidized by the People’s Republic of China, the Islamic Republic of Iran, the Democratic People’s Republic of Korea, or the Russian Federation. (b) None of the funds appropriated or otherwise made available under this Act may be used to acquire a high or moderate impact information system reviewed and assessed under subsection (a) unless the head of the assessing entity described in subsection (a) has— (1) developed, in consultation with NIST and supply chain risk management experts, a mitigation strategy for any identified risks; (2) determined, in consultation with NIST and the Federal Bureau of Investigation, that the acquisition of such telecommunications equipment for inclusion in a high or moderate impact system is in the vital national security interest of the United States; and (3) reported that determination to the Committees on Appropriations of the House of Representatives and the Senate in a manner that identifies the telecommunications equipment for inclusion in a high or moderate impact system intended for acquisition and a detailed description of the mitigation strategies identified in paragraph (1), provided that such report may include a classified annex as necessary. PROHIBITION ON CERTAIN OPERATIONAL EXPENSES 209. (a) None of the funds made available in this Act may be used to maintain or establish a computer network unless such network blocks the viewing, downloading, and exchanging of pornography. (b) Nothing in subsection (a) shall limit the use of funds necessary for any Federal, State, tribal, or local law enforcement agency or any other entity carrying out criminal investigations, prosecution, or adjudication activities or other official government activities. PLASTIC WASTE REDUCTION 210. All agencies and offices funded by this Act that contract with a food service provider or providers shall confer and coordinate with such food service provider or providers, in consultation with disability advocacy groups, to eliminate or reduce plastic waste, including waste from plastic straws, explore the use of biodegradable items, and increase recycling and composting opportunities. LIMITATION ON COST OF LIVING ADJUSTMENTS FOR MEMBERS 211. Notwithstanding any other provision of law, no adjustment shall be made under section 601(a) of the Legislative Reorganization Act of 1946 ( 2 U.S.C. 4501 EXTENSION OF PUMP ACT PROTECTIONS TO CONGRESSIONAL STAFF 212. Section 203(a)(1) of the Congressional Accountability Act of 1995 ( 2 U.S.C. 1313(a)(1) (1) by striking and section 12(c) section 12(c), and section 18D (2) by inserting , 218d 212(c) This Act may be cited as the Legislative Branch Appropriations Act, 2024 July 13, 2023 Read twice and placed on the calendar

Legislative Branch Appropriations Act, 2024

Stephanie Tubbs Jones Uterine Fibroid Research and Education Act of 2023 This bill directs the Department of Health and Human Services (HHS) to expand research on, and take other actions to address, uterine fibroids. These are muscular tumors that grow in the wall of the uterus and may cause pain, heavy menstrual bleeding, and reproductive issues. In coordination with the National Institutes of Health and appropriate federal agencies, HHS must undertake research activities on uterine fibroids. In addition, HHS must establish a database of services furnished to individuals diagnosed with uterine fibroids under Medicaid or the Children's Health Insurance Program and must develop a report on federal and state expenditures for such services. Additionally, HHS must disseminate information on uterine fibroids to the public and to health care providers, including information on the&nbsp;elevated risk for minority women and available treatments.

118 S2303 IS: Stephanie Tubbs Jones Uterine Fibroid Research and Education Act of 2023 U.S. Senate 2023-07-13 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 2303 IN THE SENATE OF THE UNITED STATES July 13, 2023 Mr. Booker Mrs. Capito Committee on Health, Education, Labor, and Pensions A BILL To provide for research and education with respect to uterine fibroids, and for other purposes. 1. Short title This Act may be cited as the Stephanie Tubbs Jones Uterine Fibroid Research and Education Act of 2023 2. Findings Congress finds as follows: (1) It is estimated that 20 percent to 50 percent of women of reproductive age currently have uterine fibroids, and up to 77 percent of women will develop fibroids before menopause. (2) In the United States, an estimated 26,000,000 women between the ages of 15 and 50 have uterine fibroids, and approximately 15,000,000 of these individuals experience symptoms. Uterine fibroids may cause significant morbidity through their presence in the uterus and pelvic cavity, and symptoms can include pelvic pain, severe menstrual bleeding, iron-deficiency anemia, fatigue, bladder or bowel dysfunction, infertility, and pregnancy complications and loss. (3) The pain, discomfort, stress, and other physical and emotional symptoms of living with fibroids may significantly interfere with a woman’s quality of life, compromising her ability to function normally or work or care for her family, and may lead to more severe health and wellness issues. (4) Most women will experience uterine fibroids by the age of 50, yet few data exist describing the overall patient experience with fibroids. (5) Many people with fibroids are likely undiagnosed. Patients wait on average 3.6 years before seeking treatment, and over 40 percent of patients see 2 or more health care providers prior to receiving a diagnosis, underscoring the need for improved awareness and education. (6) People of color are more likely to develop uterine fibroids. It is estimated that more than 80 percent of Black women and about 70 percent of White women develop fibroids by the time they reach menopause. Black individuals with fibroids have also been shown to have more severe symptoms and develop early-onset uterine fibroids that develop into larger tumors. (7) Current research and available data do not provide adequate information on the prevalence and incidence of fibroids in Asian, Hispanic, and Black individuals. (8) Symptomatic uterine fibroids can cause reproductive problems, including infertility. People with uterine fibroids are much more likely to miscarry during early pregnancy than people without them. (9) According to the Evidence Report Summary on the Management of Uterine Fibroids, as compiled by the Agency for Healthcare Research and Quality of the Department of Health and Human Services, there is a remarkable lack of high-quality evidence supporting the effectiveness of most interventions for symptomatic fibroids (10) Most medical options for managing fibroid symptoms regulate or suppress menstruation and prevent pregnancy. There is a great need for minimally invasive, fertility-friendly therapies, as well as biomarkers, imaging assessments, or risk-based algorithms that can help predict patient response to therapy. (11) The presence of symptomatic uterine fibroids is the most common reason for hysterectomies, accounting for 39 percent of hysterectomies annually in the United States. Approximately 42 per 1,000 women are hospitalized annually because of uterine fibroids, but Black patients have higher rates of hospitalization, hysterectomies, and myomectomies compared to White women. Uterine fibroids are also the leading cause of hospitalization related to a gynecological disorder. (12) The personal and societal costs of uterine fibroids in the United States are significant. Uterine fibroid tumors have been estimated to cost the United States $5,900,000,000 to $34,400,000,000 annually. The annual direct costs, including surgery, hospital admissions, outpatient visits, and medications, were estimated at $4,100,000,000 to $9,400,000,000 annually. Estimated lost work-hour costs ranged from $1,550,000,000 to $17,200,000,000 annually. Obstetric outcomes that were attributed to fibroid tumors resulted in costs of $238,000,000 to $7,760,000,000 annually. (13) At the Federal level, uterine fibroid research remains drastically underfunded as compared to patient disease burden. In 2019, fibroid research received about $17,000,000 in funding from the National Institutes of Health, putting it in the bottom 50 of 292 funded conditions. 3. Research with respect to uterine fibroids (a) Research The Secretary of Health and Human Services (referred to in this Act as the Secretary (b) Administration and coordination The Secretary shall carry out the conduct and support of research pursuant to subsection (a), in coordination with the appropriate institutes, offices, and centers of the National Institutes of Health and any other relevant Federal agency, as determined by the Director of the National Institutes of Health. (c) Authorization of appropriations For the purpose of carrying out this section, there are authorized to be appropriated $30,000,000 for each of fiscal years 2024 through 2028. 4. Research with respect to Medicaid coverage of uterine fibroids treatment (a) Research The Secretary (or the Secretary’s designee) shall establish a research database, or expand an existing research database, to collect data on services furnished to individuals diagnosed with uterine fibroids under a State plan (or a waiver of such a plan) under the Medicaid program under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. 42 U.S.C. 1397aa et seq. (b) Report (1) In general Not later than 2 years after the date of enactment of this Act, the Secretary shall submit to Congress a report on the amount of Federal and State expenditures with respect to services furnished for the treatment of uterine fibroids under State plans (or waivers of such plans) under the Medicaid program under such title XIX and State child health plans (or waivers of such plans) under the Children’s Health Insurance Program under such title XXI. (2) Coordination The Secretary shall coordinate the development and submission of the report required under paragraph (1) with any other relevant Federal agency, as determined by the Secretary. 5. Education and dissemination of information with respect to uterine fibroids (a) Uterine fibroids public education program The Secretary shall develop and disseminate to the public information regarding uterine fibroids, including information on— (1) the awareness, incidence, and prevalence of uterine fibroids among individuals, including all minority individuals; (2) the elevated risk for minority individuals to develop uterine fibroids; and (3) the availability, as medically appropriate, of the range of treatment options for symptomatic uterine fibroids, including non-hysterectomy treatments and procedures. (b) Dissemination of information The Secretary may disseminate information under subsection (a) directly or through arrangements with intra-agency initiatives, nonprofit organizations, consumer groups, institutions of higher education (as defined in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 (c) Authorization of appropriations For the purpose of carrying out this section, there are authorized to be appropriated such sums as may be necessary for each of fiscal years 2024 through 2028. 6. Information to health care providers with respect to uterine fibroids (a) Dissemination of information The Secretary shall, in consultation and in accordance with guidelines from relevant medical societies, work with health care-related specialty societies and health systems to promote evidence-based care for individuals with fibroids. Such efforts shall include minority individuals who have an elevated risk to develop uterine fibroids and the range of available options for the treatment of symptomatic uterine fibroids, including non-hysterectomy drugs and devices approved under the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 301 et seq. (b) Authorization of appropriations For the purpose of carrying out this section, there are authorized to be appropriated such sums as may be necessary for each of fiscal years 2024 through 2028. 7. Definition In this Act, the term minority individuals 42 U.S.C. 300u–6(g)

Stephanie Tubbs Jones Uterine Fibroid Research and Education Act of 2023

Fighter Force Preservation and Recapitalization Act of 2023 This bill establishes requirements related to the fighter aircraft capabilities of the Air National Guard. Specifically, the bill requires that the aircraft inventory of the Air National Guard must include at least 25 fighter aircraft squadrons, each of which must have a minimum of 18 primary aircraft authorized. Such requirement may be waived in extraordinary circumstances. Additionally, the Department of the Air Force must develop a fighter aircraft recapitalization plan that provides for (1) the replacement and modernization of Air National Guard fighter squadrons at a rate that ensures the full recapitalization of such fighter squadrons by the end of FY2034, and (2) the fielding of the Next Generation Air Dominance family of systems in the Air National Guard.

118 S2307 IS: Fighter Force Preservation and Recapitalization Act of 2023 U.S. Senate 2023-07-13 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 2307 IN THE SENATE OF THE UNITED STATES July 13, 2023 Mr. Crapo Mr. Hickenlooper Mr. Risch Mr. Van Hollen Committee on Armed Services A BILL To support and strengthen the fighter aircraft capabilities of the Air Force, and for other purposes. 1. Short title This Act may be cited as the Fighter Force Preservation and Recapitalization Act of 2023 2. Minimum number of aircraft and fighter squadrons in the Air National Guard Section 9062 of title 10, United States Code, is amended by adding at the end the following new subsection: (l) (1) The aircraft inventory of the Air National Guard shall include not fewer than 25 fighter aircraft squadrons each of which shall have a minimum of 18 primary aircraft authorized. (2) The Secretary of Defense may waive the requirements of paragraph (1) with respect to individual aircraft if the Secretary— (A) certifies to the congressional defense committees that compliance with such requirements is not feasible due to extraordinary circumstances; and (B) includes with such certification an explanation of such circumstances. . 3. Plan on fighter force recapitalization (a) Plan required The Secretary of the Air Force, in consultation with the Director of the Air National Guard, shall develop a fighter aircraft recapitalization plan that provides for— (1) the replacement and modernization of Air National Guard fighter squadrons at a rate that shall ensure the full, one-for-one, recapitalization of Air National Guard fighter squadrons by the end of fiscal year 2034; and (2) the fielding of the Next Generation Air Dominance family of systems in the Air National Guard. (b) Submittal to Congress Not later than 120 days after the date of the enactment of this Act, the Secretary of the Air Force shall submit to the congressional defense committees the plan developed under subsection (a). (c) Congressional defense committees defined In this section, the term congressional defense committees

Fighter Force Preservation and Recapitalization Act of 2023

Financial Services and General Government Appropriations Act, 2024 This bill provides FY2024 appropriations for several federal departments and agencies, including the Department of the Treasury, the Executive Office of the President, the judiciary, the District of Columbia, and several independent agencies. The independent agencies funded in the bill include the Administrative Conference of the United States, the Commodity Futures Trading Commission, the Consumer Product Safety Commission, the Council of the Inspectors General on Integrity and Efficiency, the Election Assistance Commission, the Federal Communications Commission, the Federal Deposit Insurance Corporation, the Federal Election Commission, the Federal Labor Relations Authority, the Federal Trade Commission, the General Services Administration, the Harry S. Truman Scholarship Foundation, the Merit Systems Protection Board, the Morris K. Udall and Stewart L. Udall Foundation, the National Archives and Records Administration, the National Credit Union Administration, the Office of Government Ethics, the Office of Personnel Management, the Office of Special Counsel, the Privacy and Civil Liberties Oversight Board, the Public Buildings Reform Board, the Securities and Exchange Commission, the Selective Service System, the Small Business Administration, the U.S. Postal Service, and the U.S. Tax Court. The bill also sets forth requirements and restrictions for using funds provided by this and other appropriations acts.

118 S2309 RS: Financial Services and General Government Appropriations Act, 2024 U.S. Senate 2023-07-13 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II Calendar No. 131 118th CONGRESS 1st Session S. 2309 [Report No. 118–61] IN THE SENATE OF THE UNITED STATES July 13, 2023 Mr. Van Hollen Committee on Appropriations A BILL Making appropriations for financial services and general government for the fiscal year ending September 30, 2024, and for other purposes. That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for financial services and general government for the fiscal year ending September 30, 2024, and for other purposes, namely: I DEPARTMENT OF THE TREASURY Departmental offices SALARIES AND EXPENSES For necessary expenses of the Departmental Offices including operation and maintenance of the Treasury Building and Freedman’s Bank Building; hire of passenger motor vehicles; maintenance, repairs, and improvements of, and purchase of commercial insurance policies for, real properties leased or owned overseas, when necessary for the performance of official business; executive direction program activities; international affairs and economic policy activities; domestic finance and tax policy activities, including technical assistance to State, local, and territorial entities; and Treasury-wide management policies and programs activities, $273,882,000, of which not less than $9,000,000 shall be available for the administration of financial assistance, in addition to amounts otherwise available for such purposes: Provided, (1) not to exceed $350,000 is for official reception and representation expenses; (2) not to exceed $258,000 is for unforeseen emergencies of a confidential nature to be allocated and expended under the direction of the Secretary of the Treasury and to be accounted for solely on the Secretary's certificate; and (3) not to exceed $42,000,000 shall remain available until September 30, 2025, for— (A) the Treasury-wide Financial Statement Audit and Internal Control Program; (B) information technology modernization requirements; (C) the audit, oversight, and administration of the Gulf Coast Restoration Trust Fund; (D) the development and implementation of programs within the Office of Cybersecurity and Critical Infrastructure Protection, including entering into cooperative agreements; (E) operations and maintenance of facilities; (F) international operations; and (G) investment security. COMMITTEE ON FOREIGN INVESTMENT IN THE UNITED STATES FUND (INCLUDING TRANSFER OF FUNDS) For necessary expenses of the Committee on Foreign Investment in the United States, $21,000,000, to remain available until expended: Provided, Provided further, 50 U.S.C. 4565 Provided further, Provided further, OFFICE OF TERRORISM AND FINANCIAL INTELLIGENCE SALARIES AND EXPENSES For the necessary expenses of the Office of Terrorism and Financial Intelligence to safeguard the financial system against illicit use and to combat rogue nations, terrorist facilitators, weapons of mass destruction proliferators, human rights abusers, money launderers, drug kingpins, and other national security threats, $221,059,000, of which not less than $3,000,000 shall be available for addressing human rights violations and corruption, including activities authorized by the Global Magnitsky Human Rights Accountability Act ( 22 U.S.C. 2656 Provided, CYBERSECURITY ENHANCEMENT ACCOUNT For salaries and expenses for enhanced cybersecurity for systems operated by the Department of the Treasury, $100,000,000, to remain available until September 30, 2026: Provided, Provided further, Provided further, DEPARTMENT-WIDE SYSTEMS AND CAPITAL INVESTMENTS PROGRAMS (INCLUDING TRANSFER OF FUNDS) For development and acquisition of automatic data processing equipment, software, and services and for repairs and renovations to buildings owned by the Department of the Treasury, $11,118,000, to remain available until September 30, 2026: Provided, Provided further, Provided further, Internal Revenue Service, Operations Support Internal Revenue Service, Business Systems Modernization OFFICE OF INSPECTOR GENERAL SALARIES AND EXPENSES For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978, $48,878,000, including hire of passenger motor vehicles; of which not to exceed $100,000 shall be available for unforeseen emergencies of a confidential nature, to be allocated and expended under the direction of the Inspector General of the Treasury; of which up to $2,800,000 to remain available until September 30, 2025, shall be for audits and investigations conducted pursuant to section 1608 of the Resources and Ecosystems Sustainability, Tourist Opportunities, and Revived Economies of the Gulf Coast States Act of 2012 ( 33 U.S.C. 1321 TREASURY INSPECTOR GENERAL FOR TAX ADMINISTRATION SALARIES AND EXPENSES For necessary expenses of the Treasury Inspector General for Tax Administration in carrying out the Inspector General Act of 1978, as amended, including purchase and hire of passenger motor vehicles ( 31 U.S.C. 1343(b) 5 U.S.C. 3109 Financial crimes enforcement network SALARIES AND EXPENSES For necessary expenses of the Financial Crimes Enforcement Network, including hire of passenger motor vehicles; travel and training expenses of non-Federal and foreign government personnel to attend meetings and training concerned with domestic and foreign financial intelligence activities, law enforcement, and financial regulation; services authorized by 5 U.S.C. 3109 Bureau of the fiscal service SALARIES AND EXPENSES For necessary expenses of operations of the Bureau of the Fiscal Service, $386,485,000; of which not to exceed $8,000,000, to remain available until September 30, 2026, is for information systems modernization initiatives; and of which $5,000 shall be available for official reception and representation expenses. In addition, $225,000, to be derived from the Oil Spill Liability Trust Fund to reimburse administrative and personnel expenses for financial management of the Fund, as authorized by section 1012 of Public Law 101–380 Alcohol and tobacco tax and trade bureau SALARIES AND EXPENSES For necessary expenses of carrying out section 1111 of the Homeland Security Act of 2002, including hire of passenger motor vehicles, $153,863,000; of which not to exceed $6,000 shall be available for official reception and representation expenses; and of which not to exceed $50,000 shall be available for cooperative research and development programs for laboratory services; and provision of laboratory assistance to State and local agencies with or without reimbursement: Provided, Provided further, 27 U.S.C. 201 et seq. United states mint UNITED STATES MINT PUBLIC ENTERPRISE FUND Pursuant to section 5136 of title 31, United States Code, the United States Mint is provided funding through the United States Mint Public Enterprise Fund for costs associated with the production of circulating coins, numismatic coins, and protective services, including both operating expenses and capital investments: Provided, Community development financial institutions fund To carry out the Riegle Community Development and Regulatory Improvement Act of 1994 (subtitle A of title I of Public Law 103–325 (1) not less than $191,000,000, notwithstanding section 108(e) of Public Law 103–325 12 U.S.C. 4707(e) Public Law 103–325 12 U.S.C. 4707(a)(1)(A) Public Law 103–325 12 U.S.C. 4708 Public Law 103–325 12 U.S.C. 4707(d) Provided Provided further Provided further Provided further high-poverty area (2) not less than $25,000,000, notwithstanding section 108(e) of Public Law 103–325 12 U.S.C. 4707(e) (3) not less than $40,000,000 is available until September 30, 2025, for the Bank Enterprise Award program; (4) not less than $24,000,000, notwithstanding subsections (d) and (e) of section 108 of Public Law 103–325 12 U.S.C. 4707(d) (5) not less than $9,000,000 is available until September 30, 2025, to provide grants for loan loss reserve funds and to provide technical assistance for small dollar loan programs under section 122 of Public Law 103–325 12 U.S.C. 4719 Provided (6) up to $35,000,000 is available for administrative expenses, including administration of CDFI Fund programs and the New Markets Tax Credit Program, of which not less than $1,000,000 is for the development of tools to better assess and inform CDFI investment performance and CDFI program impacts, and up to $300,000 is for administrative expenses to carry out the direct loan program; and (7) during fiscal year 2024, up to $10,000,000 is available until September 30, 2025 for the cost, as defined in section 502 of the Congressional Budget Act of 1974, of commitments to guarantee bonds and notes under section 114A of the Riegle Community Development and Regulatory Improvement Act of 1994 ( 12 U.S.C. 4713a Provided Provided further Provided further Provided further persistent poverty counties Internal revenue service TAXPAYER SERVICES For necessary expenses of the Internal Revenue Service to provide taxpayer services, including pre-filing assistance and education, filing and account services, taxpayer advocacy services, and other services as authorized by 5 U.S.C. 3109 Provided, ENFORCEMENT For necessary expenses for tax enforcement activities of the Internal Revenue Service to determine and collect owed taxes, to provide legal and litigation support, to conduct criminal investigations, to enforce criminal statutes related to violations of internal revenue laws and other financial crimes, to purchase and hire passenger motor vehicles ( 31 U.S.C. 1343(b) 5 U.S.C. 3109 Provided, Operations Support OPERATIONS SUPPORT For necessary expenses to operate the Internal Revenue Service to support taxpayer services and enforcement programs, including rent payments; facilities services; printing; postage; physical security; headquarters and other IRS-wide administration activities; research and statistics of income; telecommunications; information technology development, enhancement, operations, maintenance and security; the hire of passenger motor vehicles ( 31 U.S.C. 1343(b) 5 U.S.C. 3109 Provided, Provided further, ADMINISTRATIVE PROVISIONS—INTERNAL REVENUE SERVICE (INCLUDING TRANSFER OF FUNDS) 101. Not to exceed 5 percent of the appropriation made available in this Act to the Internal Revenue Service under the Enforcement 102. The Internal Revenue Service shall maintain an employee training program, which shall include the following topics: taxpayers' rights, dealing courteously with taxpayers, cross-cultural relations, ethics, and the impartial application of tax law. 103. The Internal Revenue Service shall institute and enforce policies and procedures that will safeguard the confidentiality of taxpayer information and protect taxpayers against identity theft. 104. Funds made available by this or any other Act to the Internal Revenue Service shall be available for improved facilities and increased staffing to provide sufficient and effective 1–800 help line service for taxpayers. The Commissioner shall continue to make improvements to the Internal Revenue Service 1–800 help line service a priority and allocate resources necessary to enhance the response time to taxpayer communications, particularly with regard to victims of tax-related crimes. 105. The Internal Revenue Service shall issue a notice of confirmation of any address change relating to an employer making employment tax payments, and such notice shall be sent to both the employer's former and new address and an officer or employee of the Internal Revenue Service shall give special consideration to an offer-in-compromise from a taxpayer who has been the victim of fraud by a third party payroll tax preparer. 106. None of the funds made available under this Act may be used by the Internal Revenue Service to target citizens of the United States for exercising any right guaranteed under the First Amendment to the Constitution of the United States. 107. None of the funds made available in this Act may be used by the Internal Revenue Service to target groups for regulatory scrutiny based on their ideological beliefs. 108. None of funds made available by this Act to the Internal Revenue Service shall be obligated or expended on conferences that do not adhere to the procedures, verification processes, documentation requirements, and policies issued by the Chief Financial Officer, Human Capital Office, and Agency-Wide Shared Services as a result of the recommendations in the report published on May 31, 2013, by the Treasury Inspector General for Tax Administration entitled Review of the August 2010 Small Business/Self-Employed Division's Conference in Anaheim, California 109. None of the funds made available in this Act to the Internal Revenue Service may be obligated or expended— (1) to make a payment to any employee under a bonus, award, or recognition program; or (2) under any hiring or personnel selection process with respect to re-hiring a former employee; unless such program or process takes into account the conduct and Federal tax compliance of such employee or former employee. 110. None of the funds made available by this Act may be used in contravention of section 6103 111. The Secretary of the Treasury (or the Secretary’s delegate) may use the funds made available in this Act, subject to such policies as the Secretary (or the Secretary’s delegate) may establish, to utilize direct hire authority to recruit and appoint qualified applicants, without regard to any notice or preference requirements, directly to positions in the competitive service to process backlogged tax returns and return information. 112. Notwithstanding section 1344 of title 31, United States Code, funds appropriated to the Internal Revenue Service in this Act may be used to provide passenger carrier transportation and protection between the Commissioner of Internal Revenue’s residence and place of employment. 113. The Secretary of the Treasury (or the Secretary's delegate) may use funds made available to the Internal Revenue Service in this Act or any other provision of law, subject to such policies as the Secretary (or the Secretary's delegate) may establish, to take such personnel actions as the Secretary (or the Secretary's delegate) determines necessary to administer the Internal Revenue Code of 1986, including (1) in addition to the authority under section 7812(1) Provided, Administrative provisions—Department of the treasury (INCLUDING TRANSFERS OF FUNDS) 114. Appropriations to the Department of the Treasury in this Act shall be available for uniforms or allowances therefor, as authorized by law ( 5 U.S.C. 5901 5 U.S.C. 3109 115. Not to exceed 2 percent of any appropriations in this title made available under the headings Departmental Offices—Salaries and Expenses Office of Inspector General Special Inspector General for the Troubled Asset Relief Program Financial Crimes Enforcement Network Bureau of the Fiscal Service Alcohol and Tobacco Tax and Trade Bureau Provided, 116. Not to exceed 2 percent of any appropriation made available in this Act to the Internal Revenue Service may be transferred to the Treasury Inspector General for Tax Administration's appropriation upon the advance approval of the Committees on Appropriations of the House of Representatives and the Senate: Provided, 117. None of the funds appropriated in this Act or otherwise available to the Department of the Treasury or the Bureau of Engraving and Printing may be used to redesign the $1 Federal Reserve note. 118. The Secretary of the Treasury may transfer funds from the Bureau of the Fiscal Service—Salaries and Expenses Provided, 119. None of the funds appropriated or otherwise made available by this or any other Act may be used by the United States Mint to construct or operate any museum without the explicit approval of the Committees on Appropriations of the House of Representatives and the Senate, the House Committee on Financial Services, and the Senate Committee on Banking, Housing, and Urban Affairs. 120. None of the funds appropriated or otherwise made available by this or any other Act or source to the Department of the Treasury, the Bureau of Engraving and Printing, and the United States Mint, individually or collectively, may be used to consolidate any or all functions of the Bureau of Engraving and Printing and the United States Mint without the explicit approval of the House Committee on Financial Services; the Senate Committee on Banking, Housing, and Urban Affairs; and the Committees on Appropriations of the House of Representatives and the Senate. 121. Funds appropriated by this Act, or made available by the transfer of funds in this Act, for the Department of the Treasury’s intelligence or intelligence related activities are deemed to be specifically authorized by the Congress for purposes of section 504 of the National Security Act of 1947 ( 50 U.S.C. 414 122. Not to exceed $5,000 shall be made available from the Bureau of Engraving and Printing's Industrial Revolving Fund for necessary official reception and representation expenses. 123. The Secretary of the Treasury shall submit a Capital Investment Plan to the Committees on Appropriations of the House of Representatives and the Senate not later than 30 days following the submission of the annual budget submitted by the President: Provided, Provided further, 124. During fiscal year 2024— (1) none of the funds made available in this or any other Act may be used by the Department of the Treasury, including the Internal Revenue Service, to issue, revise, or finalize any regulation, revenue ruling, or other guidance not limited to a particular taxpayer relating to the standard which is used to determine whether an organization is operated exclusively for the promotion of social welfare for purposes of section 501(c)(4) (2) the standard and definitions as in effect on January 1, 2010, which are used to make such determinations shall apply after the date of the enactment of this Act for purposes of determining status under section 501(c)(4) of such Code of organizations created on, before, or after such date. 125. Within 45 days after the date of enactment of this Act, the Secretary of the Treasury shall submit an itemized report to the Committees on Appropriations of the House of Representatives and the Senate on the amount of total funds charged to each office by the Franchise Fund including the amount charged for each service provided by the Franchise Fund to each office, a detailed description of the services, a detailed explanation of how each charge for each service is calculated, and a description of the role customers have in governing in the Franchise Fund. 126. (a) Not later than 60 days after the end of each quarter, the Office of Financial Research shall submit reports on their activities to the Committees on Appropriations of the House of Representatives and the Senate, the Committee on Financial Services of the House of Representatives, and the Senate Committee on Banking, Housing, and Urban Affairs. (b) The reports required under subsection (a) shall include— (1) the obligations made during the previous quarter by object class, office, and activity; (2) the estimated obligations for the remainder of the fiscal year by object class, office, and activity; (3) the number of full-time equivalents within each office during the previous quarter; (4) the estimated number of full-time equivalents within each office for the remainder of the fiscal year; and (5) actions taken to achieve the goals, objectives, and performance measures of each office. (c) At the request of any such Committees specified in subsection (a), the Office of Financial Research shall make officials available to testify on the contents of the reports required under subsection (a). 127. In addition to amounts otherwise available, there is appropriated to the Special Inspector General for Pandemic Recovery, $12,000,000, to remain available until expended, for necessary expenses in carrying out section 4018 of the Coronavirus Aid, Relief, and Economic Security Act ( Public Law 116–136 128. Not to exceed 5 percent of any appropriation made available in this Act for the Department of the Treasury may be transferred to the Department's information technology system modernization and working capital fund (IT WCF), as authorized by section 1077(b)(1) of title X of division A of the National Defense Authorization Act for Fiscal Year 2018 ( Public Law 115–91 Provided, 129. Up to $1,000,000 of any appropriation in this title may be transferred to the Special Inspector General for TARP or the Special Inspector General for Pandemic Recovery appropriations upon the prior notification of the Committees on Appropriations of the House of Representatives and the Senate. This title may be cited as the Department of the Treasury Appropriations Act, 2024 II EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE PRESIDENT The white house SALARIES AND EXPENSES For necessary expenses for the White House as authorized by law, including not to exceed $3,850,000 for services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 105 3 U.S.C. 105 3 U.S.C. 103 3 U.S.C. 107 Executive residence at the white house OPERATING EXPENSES For necessary expenses of the Executive Residence at the White House, $15,609,000, to be expended and accounted for as provided by 3 U.S.C. 105 REIMBURSABLE EXPENSES For the reimbursable expenses of the Executive Residence at the White House, such sums as may be necessary: Provided, Provided further, Provided further, Provided further, Provided further, Provided further, Provided further, Provided further, Provided further, Provided further, chapter 37 White house repair and restoration For the repair, alteration, and improvement of the Executive Residence at the White House pursuant to 3 U.S.C. 105(d) Council of economic advisers SALARIES AND EXPENSES For necessary expenses of the Council of Economic Advisers in carrying out its functions under the Employment Act of 1946 ( 15 U.S.C. 1021 et seq. National security council and homeland security council SALARIES AND EXPENSES For necessary expenses of the National Security Council and the Homeland Security Council, including services as authorized by 5 U.S.C. 3109 Office of administration SALARIES AND EXPENSES For necessary expenses of the Office of Administration, including services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 107 Provided, Provided further, Office of management and budget SALARIES AND EXPENSES For necessary expenses of the Office of Management and Budget, including hire of passenger motor vehicles and services as authorized by 5 U.S.C. 3109 chapter 35 Provided, 7 U.S.C. 601 et seq. Provided further, Provided further, Provided further, Provided further, Provided further, Provided further, Provided further, Intellectual property enforcement coordinator For necessary expenses of the Office of the Intellectual Property Enforcement Coordinator, as authorized by title III of the Prioritizing Resources and Organization for Intellectual Property Act of 2008 ( Public Law 110–403 5 U.S.C. 3109 Office of the national cyber director SALARIES AND EXPENSES For necessary expenses of the Office of the National Cyber Director, as authorized by section 1752 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 Office of national drug control policy SALARIES AND EXPENSES For necessary expenses of the Office of National Drug Control Policy; for research activities pursuant to the Office of National Drug Control Policy Reauthorization Act of 1998, as amended; not to exceed $10,000 for official reception and representation expenses; and for participation in joint projects or in the provision of services on matters of mutual interest with nonprofit, research, or public organizations or agencies, with or without reimbursement, $35,045,000: Provided, Provided further, Office of National Drug Control Policy—Salaries and Expenses Provided further, FEDERAL DRUG CONTROL PROGRAMS HIGH INTENSITY DRUG TRAFFICKING AREAS PROGRAM (INCLUDING TRANSFERS OF FUNDS) For necessary expenses of the Office of National Drug Control Policy's High Intensity Drug Trafficking Areas Program, $301,600,000, to remain available until September 30, 2025, for drug control activities consistent with the approved strategy for each of the designated High Intensity Drug Trafficking Areas ( HIDTAs Provided, Provided further, Provided further, Provided further, Provided further, OTHER FEDERAL DRUG CONTROL PROGRAMS (INCLUDING TRANSFERS OF FUNDS) For other drug control activities authorized by the Anti-Drug Abuse Act of 1988 and the Office of National Drug Control Policy Reauthorization Act of 1998, as amended, $142,520,000, to remain available until expended, which shall be available as follows: $109,000,000 for the Drug-Free Communities Program, of which not more than $12,780,000 is for administrative expenses, and of which $2,500,000 shall be made available as directed by section 4 of Public Law 107–82 Public Law 115–271 Public Law 114–198 21 U.S.C. 1708 Provided, Provided further, Unanticipated needs For expenses necessary to enable the President to meet unanticipated needs, in furtherance of the national interest, security, or defense which may arise at home or abroad during the current fiscal year, as authorized by 3 U.S.C. 108 Information technology oversight and reform (INCLUDING TRANSFER OF FUNDS) For necessary expenses for the furtherance of integrated, efficient, secure, and effective uses of information technology in the Federal Government, $13,700,000, to remain available until expended: Provided, Special assistance to the president SALARIES AND EXPENSES For necessary expenses to enable the Vice President to provide assistance to the President in connection with specially assigned functions; services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 106 3 U.S.C. 106 Official residence of the vice president OPERATING EXPENSES (INCLUDING TRANSFER OF FUNDS) For the care, operation, refurnishing, improvement, and to the extent not otherwise provided for, heating and lighting, including electric power and fixtures, of the official residence of the Vice President; the hire of passenger motor vehicles; and not to exceed $90,000 pursuant to 3 U.S.C. 106(b)(2) Provided, Administrative provisions—executive office of the president and funds appropriated to the president (INCLUDING TRANSFER OF FUNDS) 201. From funds made available in this Act under the headings The White House Executive Residence at the White House White House Repair and Restoration Council of Economic Advisers National Security Council and Homeland Security Council Office of Administration Special Assistance to the President Official Residence of the Vice President Provided, Provided further, Special Assistance to the President Official Residence of the Vice President 202. (a) During fiscal year 2023, any Executive order or Presidential memorandum issued or revoked by the President shall be accompanied by a written statement from the Director of the Office of Management and Budget on the budgetary impact, including costs, benefits, and revenues, of such order or memorandum. (b) Any such statement shall include— (1) a narrative summary of the budgetary impact of such order or memorandum on the Federal Government; (2) the impact on mandatory and discretionary obligations and outlays as the result of such order or memorandum, listed by Federal agency, for each year in the 5-fiscal-year period beginning in fiscal year 2023; and (3) the impact on revenues of the Federal Government as the result of such order or memorandum over the 5-fiscal-year period beginning in fiscal year 2023. (c) If an Executive order or Presidential memorandum is issued during fiscal year 2023 due to a national emergency, the Director of the Office of Management and Budget may issue the statement required by subsection (a) not later than 15 days after the date that such order or memorandum is issued. (d) The requirement for cost estimates for Presidential memoranda shall only apply for Presidential memoranda estimated to have a regulatory cost in excess of $100,000,000. 203. Not later than 30 days after the date of enactment of this Act, the Director of the Office of Management and Budget shall issue a memorandum to all Federal departments, agencies, and corporations directing compliance with the provisions in title VII of this Act. This title may be cited as the Executive Office of the President Appropriations Act, 2024 III THE JUDICIARY Supreme court of the united states SALARIES AND EXPENSES For expenses necessary for the operation of the Supreme Court, as required by law, excluding care of the building and grounds, including purchase and hire of passenger motor vehicles as authorized by 31 U.S.C. 1343 and 1344; not to exceed a purchase price of $45,000 per vehicle except for protective vehicles and vehicles acquired through the General Services Administration; not to exceed $10,000 for official reception and representation expenses; and for miscellaneous expenses, to be expended as the Chief Justice may approve, $119,389,000, of which $1,500,000 shall remain available until expended. In addition, there are appropriated such sums as may be necessary under current law for the salaries of the chief justice and associate justices of the court. CARE OF THE BUILDING AND GROUNDS For such expenditures as may be necessary to enable the Architect of the Capitol to carry out the duties imposed upon the Architect by 40 U.S.C. 6111 and 6112 under the direction of the Chief Justice, $20,688,000, to remain available until expended. United states court of appeals for the federal circuit SALARIES AND EXPENSES For salaries of officers and employees, and for necessary expenses of the court, as authorized by law, $36,735,000. In addition, there are appropriated such sums as may be necessary under current law for the salaries of the chief judge and judges of the court. United states court of international trade SALARIES AND EXPENSES For salaries of officers and employees of the court, services, and necessary expenses of the court, as authorized by law, $21,260,000. In addition, there are appropriated such sums as may be necessary under current law for the salaries of the chief judge and judges of the court. Courts of appeals, district courts, and other judicial services SALARIES AND EXPENSES For the salaries of judges of the United States Court of Federal Claims, magistrate judges, and all other officers and employees of the Federal Judiciary not otherwise specifically provided for, necessary expenses of the courts, and the purchase, rental, repair, and cleaning of uniforms for Probation and Pretrial Services Office staff, as authorized by law, $6,010,055,000 (including the purchase of firearms and ammunition); of which not to exceed $27,817,000 shall remain available until expended for space alteration projects and for furniture and furnishings related to new space alteration and construction projects. In addition, there are appropriated such sums as may be necessary under current law for the salaries of circuit and district judges (including judges of the territorial courts of the United States), bankruptcy judges, and justices and judges retired from office or from regular active service. In addition, for expenses of the United States Court of Federal Claims associated with processing cases under the National Childhood Vaccine Injury Act of 1986 ( Public Law 99–660 DEFENDER SERVICES For the operation of Federal Defender organizations; the compensation and reimbursement of expenses of attorneys appointed to represent persons under 18 U.S.C. 3006A and 3599, and for the compensation and reimbursement of expenses of persons furnishing investigative, expert, and other services for such representations as authorized by law; the compensation (in accordance with the maximums under 18 U.S.C. 3006A 28 U.S.C. 1875(d)(1) 18 U.S.C. 983(b)(1) 18 U.S.C. 4100(b) FEES OF JURORS AND COMMISSIONERS For fees and expenses of jurors as authorized by 28 U.S.C. 1871 and 1876; compensation of jury commissioners as authorized by 28 U.S.C. 1863 Provided, 5 U.S.C. 5332 COURT SECURITY (INCLUDING TRANSFER OF FUNDS) For necessary expenses, not otherwise provided for, incident to the provision of protective guard services for United States courthouses and other facilities housing Federal court or Administrative Office of the United States Courts operations, the procurement, installation, and maintenance of security systems and equipment for United States courthouses and other facilities housing Federal court or Administrative Office of the United States Courts operations, building ingress-egress control, inspection of mail and packages, directed security patrols, perimeter security, basic security services provided by the Federal Protective Service, and other similar activities as authorized by section 1010 of the Judicial Improvement and Access to Justice Act ( Public Law 100–702 Provided, Public Law 117–263 28 U.S.C. 604(a)(24) Administrative office of the united states courts SALARIES AND EXPENSES For necessary expenses of the Administrative Office of the United States Courts as authorized by law, including travel as authorized by 31 U.S.C. 1345 31 U.S.C. 1343(b) Federal judicial center SALARIES AND EXPENSES For necessary expenses of the Federal Judicial Center, as authorized by Public Law 90–219 United states sentencing commission SALARIES AND EXPENSES For the salaries and expenses necessary to carry out the provisions of chapter 58 Administrative provisions—The Judiciary (INCLUDING TRANSFER OF FUNDS) 301. Appropriations and authorizations made in this title which are available for salaries and expenses shall be available for services as authorized by 5 U.S.C. 3109 302. Not to exceed 5 percent of any appropriation made available for the current fiscal year for the Judiciary in this Act may be transferred between such appropriations, but no such appropriation, except Courts of Appeals, District Courts, and Other Judicial Services, Defender Services Courts of Appeals, District Courts, and Other Judicial Services, Fees of Jurors and Commissioners Provided, 303. Notwithstanding any other provision of law, the salaries and expenses appropriation for Courts of Appeals, District Courts, and Other Judicial Services Provided, 304. Section 3315(a) of title 40, United States Code, shall be applied by substituting Federal executive 305. In accordance with 28 U.S.C. 561–569 40 U.S.C. 1315(b)(2)(E) 306. (a) Section 203(c) of the Judicial Improvements Act of 1990 ( Public Law 101–650 28 U.S.C. 133 (1) in the second sentence (relating to the District of Kansas), by striking 32 years and 6 months 33 years and 6 months (2) in the sixth sentence (relating to the District of Hawaii), by striking 29 years and 6 months 30 years and 6 months (b) Section 406 of the Transportation, Treasury, Housing and Urban Development, the Judiciary, the District of Columbia, and Independent Agencies Appropriations Act, 2006 ( Public Law 109–115 28 U.S.C. 133 30 years and 6 months 31 years and 6 months (c) Section 312(c)(2) of the 21st Century Department of Justice Appropriations Authorization Act ( Public Law 107–273 28 U.S.C. 133 (1) in the first sentence by striking 21 years 22 years (2) in the second sentence (relating to the central District of California), by striking 20 years and 6 months 21 years and 6 months (3) in the third sentence (relating to the western district of North Carolina), by striking 19 years 20 years 307. Section 3006A(d)(1) of title 18, United States Code, is amended in the first sentence by inserting after Any attorney appointed pursuant to this section or the attorney’s law firm This title may be cited as the Judiciary Appropriations Act, 2024 IV DISTRICT OF COLUMBIA Federal funds FEDERAL PAYMENT FOR RESIDENT TUITION SUPPORT For a Federal payment to the District of Columbia, to be deposited into a dedicated account, for a nationwide program to be administered by the Mayor, for District of Columbia resident tuition support, $40,000,000, to remain available until expended: Provided, Provided further, Provided further, Provided further, Provided further, FEDERAL PAYMENT FOR EMERGENCY PLANNING AND SECURITY COSTS IN THE DISTRICT OF COLUMBIA For a Federal payment of necessary expenses, as determined by the Mayor of the District of Columbia in written consultation with the elected county or city officials of surrounding jurisdictions, $30,000,000, to remain available until expended, for the costs of providing public safety at events related to the presence of the National Capital in the District of Columbia, including support requested by the Director of the United States Secret Service in carrying out protective duties under the direction of the Secretary of Homeland Security, and for the costs of providing support to respond to immediate and specific terrorist threats or attacks in the District of Columbia or surrounding jurisdictions. FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA COURTS For salaries and expenses for the District of Columbia Courts, including the transfer and hire of motor vehicles, $291,068,000 to be allocated as follows: for the District of Columbia Court of Appeals, $15,055,000, of which not to exceed $2,500 is for official reception and representation expenses; for the Superior Court of the District of Columbia, $140,973,000, of which not to exceed $2,500 is for official reception and representation expenses; for the District of Columbia Court System, $88,290,000, of which not to exceed $2,500 is for official reception and representation expenses; and $46,750,000, to remain available until September 30, 2025, for capital improvements for District of Columbia courthouse facilities: Provided, Provided further, Provided further, Provided further, Provided further, chapter 35 FEDERAL PAYMENT FOR DEFENDER SERVICES IN DISTRICT OF COLUMBIA COURTS (INCLUDING RESCISSION OF FUNDS) For payments authorized under section 11–2604 and section 11–2605, D.C. Official Code (relating to representation provided under the District of Columbia Criminal Justice Act), payments for counsel appointed in proceedings in the Family Court of the Superior Court of the District of Columbia under chapter 23 chapter 3 Provided, Provided further, Provided further, FEDERAL PAYMENT TO THE COURT SERVICES AND OFFENDER SUPERVISION AGENCY FOR THE DISTRICT OF COLUMBIA For salaries and expenses, including the transfer and hire of motor vehicles, of the Court Services and Offender Supervision Agency for the District of Columbia, as authorized by the National Capital Revitalization and Self-Government Improvement Act of 1997, $285,016,000, of which not to exceed $2,000 is for official reception and representation expenses related to Community Supervision and Pretrial Services Agency programs, and of which not to exceed $25,000 is for dues and assessments relating to the implementation of the Court Services and Offender Supervision Agency Interstate Supervision Act of 2002: Provided, Provided further, Provided further, Provided further, FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA PUBLIC DEFENDER SERVICE For salaries and expenses, including the transfer and hire of motor vehicles, of the District of Columbia Public Defender Service, as authorized by the National Capital Revitalization and Self-Government Improvement Act of 1997, $53,629,000: Provided, Provided further, chapter 35 Provided further, Provided further, FEDERAL PAYMENT TO THE CRIMINAL JUSTICE COORDINATING COUNCIL For a Federal payment to the Criminal Justice Coordinating Council, $2,450,000, to remain available until expended, to support initiatives related to the coordination of Federal and local criminal justice resources in the District of Columbia. FEDERAL PAYMENT FOR JUDICIAL COMMISSIONS For a Federal payment, to remain available until September 30, 2025, to the Commission on Judicial Disabilities and Tenure, $330,000, and for the Judicial Nomination Commission, $300,000. FEDERAL PAYMENT FOR SCHOOL IMPROVEMENT For a Federal payment for a school improvement program in the District of Columbia, $52,500,000, to remain available until expended, for payments authorized under the Scholarships for Opportunity and Results Act (division C of Public Law 112–10 Provided, Public Law 112–10 Provided further, FEDERAL PAYMENT FOR THE DISTRICT OF COLUMBIA NATIONAL GUARD For a Federal payment to the District of Columbia National Guard, $600,000, to remain available until expended for the Major General David F. Wherley, Jr. District of Columbia National Guard Retention and College Access Program. FEDERAL PAYMENT FOR TESTING AND TREATMENT OF HIV/AIDS For a Federal payment to the District of Columbia for the testing of individuals for, and the treatment of individuals with, human immunodeficiency virus and acquired immunodeficiency syndrome in the District of Columbia, $4,000,000. FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA WATER AND SEWER AUTHORITY For a Federal payment to the District of Columbia Water and Sewer Authority, $8,000,000, to remain available until expended, to continue implementation of the Combined Sewer Overflow Long-Term Plan: Provided, District of columbia funds Local funds are appropriated for the District of Columbia for the current fiscal year out of the General Fund of the District of Columbia ( General Fund Provided, Provided further, Provided further, Provided further, This title may be cited as the District of Columbia Appropriations Act, 2024 V INDEPENDENT AGENCIES Administrative conference of the united states SALARIES AND EXPENSES For necessary expenses of the Administrative Conference of the United States, authorized by 5 U.S.C. 591 et seq. Commodity futures trading commission SALARIES AND EXPENSES (INCLUDING TRANSFER OF FUNDS) For necessary expenses to carry out the provisions of the Commodity Exchange Act ( 7 U.S.C. 1 et seq. Provided, 31 U.S.C. 1553 Provided further, 31 U.S.C. 1552 Consumer product safety commission SALARIES AND EXPENSES For necessary expenses of the Consumer Product Safety Commission, including hire of passenger motor vehicles, services as authorized by 5 U.S.C. 3109 5 U.S.C. 5376 Public Law 110–140 Public Law 117–103 ADMINISTRATIVE PROVISIONS—CONSUMER PRODUCT SAFETY COMMISSION 501. During fiscal year 2024, none of the amounts made available by this Act may be used to finalize or implement the Safety Standard for Recreational Off-Highway Vehicles published by the Consumer Product Safety Commission in the Federal Register on November 19, 2014 (79 Fed. Reg. 68964) until after— (1) the National Academy of Sciences, in consultation with the National Highway Traffic Safety Administration and the Department of Defense, completes a study to determine— (A) the technical validity of the lateral stability and vehicle handling requirements proposed by such standard for purposes of reducing the risk of Recreational Off-Highway Vehicle (referred to in this section as ROV (B) the number of ROV rollovers that would be prevented if the proposed requirements were adopted; (C) whether there is a technical basis for the proposal to provide information on a point-of-sale hangtag about a ROV’s rollover resistance on a progressive scale; and (D) the effect on the utility of ROVs used by the United States military if the proposed requirements were adopted; and (2) a report containing the results of the study completed under paragraph (1) is delivered to— (A) the Committee on Commerce, Science, and Transportation of the Senate; (B) the Committee on Energy and Commerce of the House of Representatives; (C) the Committee on Appropriations of the Senate; and (D) the Committee on Appropriations of the House of Representatives. 502. None of the funds provided may be used to promulgate, implement, administer, or enforce any regulation issued by the U.S. Consumer Product Safety Commission to ban gas stoves as a class of products. Council of the inspectors general on integrity and efficiency SALARIES AND EXPENSES For necessary expenses of the Council of the Inspectors General on Integrity and Efficiency to utilize and further develop the data analytics capabilities of the Pandemic Response Accountability Committee to enhance transparency, and to prevent, detect, and remediate waste, fraud and abuse in Federal spending, $8,000,000, to be available until expended, of which $1,400,000 is for enhancements to oversight.gov. Election assistance commission SALARIES AND EXPENSES For necessary expenses to carry out the Help America Vote Act of 2002 ( Public Law 107–252 ELECTION SECURITY GRANTS Notwithstanding section 104(c)(2)(B) of the Help America Vote Act of 2002 ( 52 U.S.C. 20904(c)(2)(B) Provided, Provided further, Administrator of General Services Administrator Election Assistance Commission Provided further, $5,000,000 $1,000,000 $1,000,000 $200,000 Provided further, Provided further, Provided further, Federal communications commission SALARIES AND EXPENSES For necessary expenses of the Federal Communications Commission, as authorized by law, including uniforms and allowances therefor, as authorized by 5 U.S.C. 5901–5902 5 U.S.C. 3109 Provided, Provided further, Provided further, 47 U.S.C. 309(j)(8)(B) Provided further, ADMINISTRATIVE PROVISIONS—FEDERAL COMMUNICATIONS COMMISSION 510. Section 302 of the Universal Service Antideficiency Temporary Suspension Act is amended by striking December 31, 2023 December 31, 2024 511. None of the funds appropriated by this Act may be used by the Federal Communications Commission to modify, amend, or change its rules or regulations for universal service support payments to implement the February 27, 2004, recommendations of the Federal-State Joint Board on Universal Service regarding single connection or primary line restrictions on universal service support payments. Federal deposit insurance corporation OFFICE OF THE INSPECTOR GENERAL For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978, $47,500,000, to be derived from the Deposit Insurance Fund or, only when appropriate, the FSLIC Resolution Fund. Federal election commission SALARIES AND EXPENSES For necessary expenses to carry out the provisions of the Federal Election Campaign Act of 1971, $81,674,000, of which not to exceed $5,000 shall be available for reception and representation expenses. Federal labor relations authority SALARIES AND EXPENSES For necessary expenses to carry out functions of the Federal Labor Relations Authority, pursuant to Reorganization Plan Numbered 2 of 1978, and the Civil Service Reform Act of 1978, including services authorized by 5 U.S.C. 3109 Provided, 5 U.S.C. 5703 Provided further, 31 U.S.C. 3302 Federal trade commission SALARIES AND EXPENSES For necessary expenses of the Federal Trade Commission, including uniforms or allowances therefor, as authorized by 5 U.S.C. 5901–5902 5 U.S.C. 3109 Provided, Provided further, 15 U.S.C. 18a Provided further, 15 U.S.C. 6101 et seq. Provided further, Provided further, 15 U.S.C. 18a Provided further, 12 U.S.C. 1831t General services administration REAL PROPERTY ACTIVITIES FEDERAL BUILDINGS FUND LIMITATIONS ON AVAILABILITY OF REVENUE (INCLUDING TRANSFERS OF FUNDS) Amounts in the Fund, including revenues and collections deposited into the Fund, shall be available for necessary expenses of real property management and related activities not otherwise provided for, including operation, maintenance, and protection of federally owned and leased buildings; rental of buildings in the District of Columbia; restoration of leased premises; moving governmental agencies (including space adjustments and telecommunications relocation expenses) in connection with the assignment, allocation, and transfer of space; contractual services incident to cleaning or servicing buildings, and moving; repair and alteration of federally owned buildings, including grounds, approaches, and appurtenances; care and safeguarding of sites; maintenance, preservation, demolition, and equipment; acquisition of buildings and sites by purchase, condemnation, or as otherwise authorized by law; acquisition of options to purchase buildings and sites; conversion and extension of federally owned buildings; preliminary planning and design of projects by contract or otherwise; construction of new buildings (including equipment for such buildings); and payment of principal, interest, and any other obligations for public buildings acquired by installment purchase and purchase contract; in the aggregate amount of $9,786,366,000, of which— (1) $406,402,000 shall remain available until expended for construction and acquisition (including funds for sites and expenses, and associated design and construction services) and remediation, in addition to amounts otherwise provided for such purposes, as follows: Maryland: Baltimore, Edward A. Garmatz U.S. Courthouse, $1,500,000; National Capital Region: Federal Bureau of Investigation Headquarters Consolidation, $375,000,000; Tennessee: Chattanooga, U.S. Courthouse, $20,902,000; Washington: Seattle, Design of Replacement Facility, $9,000,000: Provided, (2) $582,280,000 shall remain available until expended for repairs and alterations, including associated design and construction services, in addition to amounts otherwise provided for such purposes, of which— (A) $152,980,000 is for Major Repairs and Alterations as follows: Pennsylvania: Philadelphia, James A. Byrne U.S. Courthouse, $39,233,000; Virginia: Walter E. Hoffman U.S. Courthouse, $11,393,000; Washington: Tacoma, Union Station, $79,256,000; and West Virginia: Martinsburg, IRS Enterprise Computing Center, $23,098,000: (B) $425,000,000 is for Basic Repairs and Alterations; and (C) $4,300,000 is for Special Emphasis Programs as follows: Judiciary Capital Security Program, $4,300,000; Provided, Provided further, Provided further, Repairs and Alterations Provided further, Repairs and Alterations Basic Repairs and Alterations Provided further, Basic Repairs and Alterations Repairs and Alterations (3) $5,724,298,000 for rental of space to remain available until expended; and (4) $3,073,386,000 for building operations to remain available until expended: Provided 40 U.S.C. 3307(a) Provided further Provided further 40 U.S.C. 592(b)(2) 18 U.S.C. 3056 Provided further 40 U.S.C. 592(b)(2) GENERAL ACTIVITIES GOVERNMENT-WIDE POLICY For expenses authorized by law, not otherwise provided for, for Government-wide policy associated with the management of real and personal property assets and certain administrative services; Government-wide policy support responsibilities relating to acquisition, travel, motor vehicles, information technology management, and related technology activities; and services as authorized by 5 U.S.C. 3109 OPERATING EXPENSES For expenses authorized by law, not otherwise provided for, for Government-wide activities associated with utilization and donation of surplus personal property; disposal of real property; agency-wide policy direction, and management; and in addition to any other amounts made available to the General Services Administration for such purposes, the hire of zero-emission passenger motor vehicles and supporting charging or fueling infrastructure, $54,478,000, of which not to exceed $7,500 is for official reception and representation expenses. CIVILIAN BOARD OF CONTRACT APPEALS For expenses authorized by law, not otherwise provided for, for the activities associated with the Civilian Board of Contract Appeals, $10,352,000, of which $2,000,000 shall remain available until expended. OFFICE OF INSPECTOR GENERAL For necessary expenses of the Office of Inspector General and services authorized by 5 U.S.C. 3109 Provided, Provided further, Provided further, ALLOWANCES AND OFFICE STAFF FOR FORMER PRESIDENTS For carrying out the provisions of the Act of August 25, 1958 ( 3 U.S.C. 102 Public Law 95–138 FEDERAL CITIZEN SERVICES FUND (INCLUDING TRANSFER OF FUNDS) For necessary expenses authorized by 40 U.S.C. 323 and 44 U.S.C. 3604 Provided, Provided further, Provided further, Provided further, Public Law 115–435 Provided further, PRE-ELECTION PRESIDENTIAL TRANSITION For activities authorized by the Presidential Transition Act of 1963, as amended, not to exceed $10,413,000, to remain available until September 30, 2025: Provided, Acquisition Services Fund Federal Buildings Fund Provided further, WORKING CAPITAL FUND For the Working Capital Fund of the General Services Administration, $5,900,000, to remain available until expended, for necessary costs incurred by the Administrator to modernize rulemaking systems and to provide support services for Federal rulemaking agencies. ADMINISTRATIVE PROVISIONS—GENERAL SERVICES ADMINISTRATION (INCLUDING TRANSFER OF FUNDS) 520. Funds available to the General Services Administration shall be available for the hire of passenger motor vehicles. 521. Funds in the Federal Buildings Fund made available for fiscal year 2024 for Federal Buildings Fund activities may be transferred between such activities only to the extent necessary to meet program requirements: Provided, 522. Except as otherwise provided in this title, funds made available by this Act shall be used to transmit a fiscal year 2025 request for United States Courthouse construction only if the request: (1) meets the design guide standards for construction as established and approved by the General Services Administration, the Judicial Conference of the United States, and the Office of Management and Budget; (2) reflects the priorities of the Judicial Conference of the United States as set out in its approved Courthouse Project Priorities plan; and (3) includes a standardized courtroom utilization study of each facility to be constructed, replaced, or expanded. 523. None of the funds provided in this Act may be used to increase the amount of occupiable square feet, provide cleaning services, security enhancements, or any other service usually provided through the Federal Buildings Fund, to any agency that does not pay the rate per square foot assessment for space and services as determined by the General Services Administration in consideration of the Public Buildings Amendments Act of 1972 ( Public Law 92–313 524. From funds made available under the heading Federal Buildings Fund, Limitations on Availability of Revenue 525. In any case in which the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate adopt a resolution granting lease authority pursuant to a prospectus transmitted to Congress by the Administrator of the General Services Administration under 40 U.S.C. 3307 526. With respect to projects funded under the heading Federal Citizen Services Fund 527. Notwithstanding 31 U.S.C. 1535(d) 31 U.S.C. 1535 528. None of the funds made available in this or any other Act for the Federal Bureau of Investigation Headquarters Consolidation project may be used to plan or design any facility that does not meet the requirements of a new, fully-consolidated headquarters building in the National Capital Region at one of the three sites listed in the General Services Administration Fiscal Year 2017 PNCR–FBI–NCR 17 prospectus for a new fully-consolidated Federal Bureau of Investigation Headquarters, and that does not meet Interagency Security Committee Level V security standards as described in the General Services Administration Fiscal Year 2017 PNCR–FBI–NCR 17 prospectus. Harry S truman scholarship foundation SALARIES AND EXPENSES For payment to the Harry S Truman Scholarship Foundation Trust Fund, established by section 10 of Public Law 93–642 Merit systems protection board SALARIES AND EXPENSES (INCLUDING TRANSFER OF FUNDS) For necessary expenses to carry out functions of the Merit Systems Protection Board pursuant to Reorganization Plan Numbered 2 of 1978, the Civil Service Reform Act of 1978, and the Whistleblower Protection Act of 1989 ( 5 U.S.C. 5509 5 U.S.C. 3109 Morris K. udall and stewart L. udall foundation MORRIS K. UDALL AND STEWART L. UDALL TRUST FUND (INCLUDING TRANSFER OF FUNDS) For payment to the Morris K. Udall and Stewart L. Udall Foundation, pursuant to the Morris K. Udall and Stewart L. Udall Foundation Act ( 20 U.S.C. 5601 et seq. Public Law 102–259 Public Law 106–568 20 U.S.C. 5604(7) Provided, Public Law 107–289 Provided further, Public Law 107–289 ENVIRONMENTAL DISPUTE RESOLUTION FUND For payment to the Environmental Dispute Resolution Fund to carry out activities authorized in the Environmental Policy and Conflict Resolution Act of 1998, $3,943,000, to remain available until expended. National archives and records administration OPERATING EXPENSES For necessary expenses in connection with the administration of the National Archives and Records Administration and archived Federal records and related activities, as provided by law, and for expenses necessary for the review and declassification of documents, the activities of the Public Interest Declassification Board, the operations and maintenance of the electronic records archives, the hire of passenger motor vehicles, and for uniforms or allowances therefor, as authorized by law ( 5 U.S.C. 5901 OFFICE OF INSPECTOR GENERAL For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Reform Act of 2008, Public Law 110–409 REPAIRS AND RESTORATION For the repair, alteration, and improvement of archives facilities and museum exhibits, related equipment for public spaces, and to provide adequate storage for holdings, $25,500,000, to remain available until expended, of which no less than $17,500,000 is for improvements to the Eisenhower Presidential Library in Abilene, Kansas. NATIONAL HISTORICAL PUBLICATIONS AND RECORDS COMMISSION GRANTS PROGRAM For necessary expenses for allocations and grants for historical publications and records as authorized by 44 U.S.C. 2504 ADMINISTRATIVE PROVISION—NATIONAL ARCHIVES AND RECORDS ADMINISTRATION 530. For an additional amount for National Historical Publications and Records Commission Grants Program Administrative Provisions—National Archives and Records Administration Provided, National credit union administration COMMUNITY DEVELOPMENT REVOLVING LOAN FUND For the Community Development Revolving Loan Fund program as authorized by 42 U.S.C. 9812 Provided, Office of government ethics SALARIES AND EXPENSES For necessary expenses to carry out functions of the Office of Government Ethics pursuant to the Ethics in Government Act of 1978, the Ethics Reform Act of 1989, and the Representative Louise McIntosh Slaughter Stop Trading on Congressional Knowledge Act of 2012, including services as authorized by 5 U.S.C. 3109 Office of personnel management SALARIES AND EXPENSES (INCLUDING TRANSFERS OF TRUST FUNDS) For necessary expenses to carry out functions of the Office of Personnel Management (OPM) pursuant to Reorganization Plan Numbered 2 of 1978 and the Civil Service Reform Act of 1978, including services as authorized by 5 U.S.C. 3109 Provided, Provided further, 41 U.S.C. 4001 et seq. Provided further, Provided further, Provided further, Provided further, Provided further, Public Law 115–91 40 U.S.C. 11301 Provided further, Provided further, Provided further, OFFICE OF INSPECTOR GENERAL SALARIES AND EXPENSES (INCLUDING TRANSFER OF TRUST FUNDS) For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978, including services as authorized by 5 U.S.C. 3109 Provided, Office of special counsel SALARIES AND EXPENSES For necessary expenses to carry out functions of the Office of Special Counsel, including services as authorized by 5 U.S.C. 3109 Privacy and civil liberties oversight board SALARIES AND EXPENSES For necessary expenses of the Privacy and Civil Liberties Oversight Board, as authorized by section 1061 of the Intelligence Reform and Terrorism Prevention Act of 2004 ( 42 U.S.C. 2000ee Public buildings reform board SALARIES AND EXPENSES For salaries and expenses of the Public Buildings Reform Board in carrying out the Federal Assets Sale and Transfer Act of 2016 ( Public Law 114–287 Securities and exchange commission SALARIES AND EXPENSES For necessary expenses for the Securities and Exchange Commission, including services as authorized by 5 U.S.C. 3109 In addition to the foregoing appropriation, for move, replication, and related costs associated with a replacement leases for the Commission’s office facilities, not to exceed $39,658,000, to remain available until expended: Provided, For purposes of calculating the fee rate under section 31(j) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78ee(j) Provided, 15 U.S.C. 78ee Provided further, Provided further, Selective service system SALARIES AND EXPENSES For necessary expenses of the Selective Service System, including expenses of attendance at meetings and of training for uniformed personnel assigned to the Selective Service System, as authorized by 5 U.S.C. 4101–4118 for civilian employees; hire of passenger motor vehicles; services as authorized by 5 U.S.C. 3109 Provided, 31 U.S.C. 1341 Provided further, Small business administration SALARIES AND EXPENSES For necessary expenses, not otherwise provided for, of the Small Business Administration, including hire of passenger motor vehicles as authorized by sections 1343 and 1344 of title 31, United States Code, and not to exceed $3,500 for official reception and representation expenses, $381,246,000, of which not less than $12,000,000 shall be available for examinations, reviews, and other lender oversight activities: Provided, Provided further, 31 U.S.C. 3302 Provided further, Public Law 108–447 Provided further, Provided further, 15 U.S.C. 657f–1 Public Law 116–283 ENTREPRENEURIAL DEVELOPMENT PROGRAMS For necessary expenses of programs supporting entrepreneurial and small business development, $320,000,000, to remain available until September 30, 2025: Provided, Provided further, 15 U.S.C. 636(m)(4) Provided further, 15 U.S.C. 649(l) OFFICE OF INSPECTOR GENERAL For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978, $47,020,000. OFFICE OF ADVOCACY For necessary expenses of the Office of Advocacy in carrying out the provisions of title II of Public Law 94–305 15 U.S.C. 634a et seq. 5 U.S.C. 601 et seq. BUSINESS LOANS PROGRAM ACCOUNT (INCLUDING TRANSFER OF FUNDS) For the cost of direct loans, $6,000,000, to remain available until expended: Provided, Provided further, 15 U.S.C. 696(7) Provided further, Provided further, Provided further, DISASTER LOANS PROGRAM ACCOUNT (INCLUDING TRANSFERS OF FUNDS) For administrative expenses to carry out the direct loan program authorized by section 7(b) of the Small Business Act, $175,000,000, to be available until expended, of which $1,600,000 is for the Office of Inspector General of the Small Business Administration for audits and reviews of disaster loans and the disaster loan programs and shall be transferred to and merged with the appropriations for the Office of Inspector General; of which $165,000,000 is for direct administrative expenses of loan making and servicing to carry out the direct loan program, which may be transferred to and merged with the appropriations for Salaries and Expenses; and of which $8,400,000 is for indirect administrative expenses for the direct loan program, which may be transferred to and merged with the appropriations for Salaries and Expenses: Provided, 42 U.S.C. 5122(2) Provided further, Public Law 99–177 ADMINISTRATIVE PROVISIONS—SMALL BUSINESS ADMINISTRATION (INCLUDING TRANSFERS OF FUNDS) 540. Not to exceed 5 percent of any appropriation made available for the current fiscal year for the Small Business Administration in this Act may be transferred between such appropriations, but no such appropriation shall be increased by more than 10 percent by any such transfers: Provided, 541. Not to exceed 3 percent of any appropriation made available in this Act for the Small Business Administration under the headings Salaries and Expenses Business Loans Program Account Provided, 542. For an additional amount for Small Business Administration—Salaries and Expenses Administrative Provisions—Small Business Administration Provided, Provided further, United states postal service PAYMENT TO THE POSTAL SERVICE FUND For payment to the Postal Service Fund for revenue forgone on free and reduced rate mail, pursuant to subsections (c) and (d) of section 2401 of title 39, United States Code, $50,253,000: Provided, Provided further, Provided further, Provided further, Public Law 111–241 OFFICE OF INSPECTOR GENERAL SALARIES AND EXPENSES (INCLUDING TRANSFER OF FUNDS) For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978, $271,000,000, to be derived by transfer from the Postal Service Fund and expended as authorized by section 603(b)(3) of the Postal Accountability and Enhancement Act ( Public Law 109–435 United states tax court SALARIES AND EXPENSES For necessary expenses, including contract reporting and other services as authorized by 5 U.S.C. 3109 Provided, 26 U.S.C. 7473 Provided further, VI GENERAL PROVISIONS—THIS ACT (INCLUDING RESCISSIONS OF FUNDS) 601. None of the funds in this Act shall be used for the planning or execution of any program to pay the expenses of, or otherwise compensate, non-Federal parties intervening in regulatory or adjudicatory proceedings funded in this Act. 602. None of the funds appropriated in this Act shall remain available for obligation beyond the current fiscal year, nor may any be transferred to other appropriations, except for transfers made pursuant to the authority in section 3173(d) of title 40, United States Code, unless expressly so provided herein. 603. The expenditure of any appropriation under this Act for any consulting service through procurement contract pursuant to 5 U.S.C. 3109 604. None of the funds made available in this Act may be transferred to any department, agency, or instrumentality of the United States Government, except pursuant to a transfer made by, or transfer authority provided in, this Act or any other appropriations Act. 605. None of the funds made available by this Act shall be available for any activity or for paying the salary of any Government employee where funding an activity or paying a salary to a Government employee would result in a decision, determination, rule, regulation, or policy that would prohibit the enforcement of section 307 of the Tariff Act of 1930 ( 19 U.S.C. 1307 606. No funds appropriated pursuant to this Act may be expended by an entity unless the entity agrees that in expending the assistance the entity will comply with chapter 83 607. No funds appropriated or otherwise made available under this Act shall be made available to any person or entity that has been convicted of violating chapter 83 608. Except as otherwise provided in this Act, none of the funds provided in this Act, provided by previous appropriations Acts to the agencies or entities funded in this Act that remain available for obligation or expenditure in fiscal year 2024, or provided from any accounts in the Treasury derived by the collection of fees and available to the agencies funded by this Act, shall be available for obligation or expenditure through a reprogramming of funds that: (1) creates a new program; (2) eliminates a program, project, or activity; (3) increases funds or personnel for any program, project, or activity for which funds have been denied or restricted by the Congress; (4) proposes to use funds directed for a specific activity by the Committee on Appropriations of either the House of Representatives or the Senate for a different purpose; (5) augments existing programs, projects, or activities in excess of $5,000,000 or 10 percent, whichever is less; (6) reduces existing programs, projects, or activities by $5,000,000 or 10 percent, whichever is less; or (7) creates or reorganizes offices, programs, or activities unless prior approval is received from the Committees on Appropriations of the House of Representatives and the Senate: Provided, Provided further, Provided further, Provided further 609. Except as otherwise specifically provided by law, not to exceed 50 percent of unobligated balances remaining available at the end of fiscal year 2024 from appropriations made available for salaries and expenses for fiscal year 2024 in this Act, shall remain available through September 30, 2025, for each such account for the purposes authorized: Provided, Provided further, 610. (a) None of the funds made available in this Act may be used by the Executive Office of the President to request— (1) any official background investigation report on any individual from the Federal Bureau of Investigation; or (2) a determination with respect to the treatment of an organization as described in section 501(c) (b) Subsection (a) shall not apply— (1) in the case of an official background investigation report, if such individual has given express written consent for such request not more than 6 months prior to the date of such request and during the same presidential administration; or (2) if such request is required due to extraordinary circumstances involving national security. 611. The cost accounting standards promulgated under chapter 15 chapter 89 612. For the purpose of resolving litigation and implementing any settlement agreements regarding the nonforeign area cost-of-living allowance program, the Office of Personnel Management may accept and utilize (without regard to any restriction on unanticipated travel expenses imposed in an appropriations Act) funds made available to the Office of Personnel Management pursuant to court approval. 613. No funds appropriated by this Act shall be available to pay for an abortion, or the administrative expenses in connection with any health plan under the Federal employees health benefits program which provides any benefits or coverage for abortions. 614. The provision of section 613 shall not apply where the life of the mother would be endangered if the fetus were carried to term, or the pregnancy is the result of an act of rape or incest. 615. In order to promote Government access to commercial information technology, the restriction on purchasing nondomestic articles, materials, and supplies set forth in chapter 83 616. Notwithstanding section 1353 of title 31, United States Code, no officer or employee of any regulatory agency or commission funded by this Act may accept on behalf of that agency, nor may such agency or commission accept, payment or reimbursement from a non-Federal entity for travel, subsistence, or related expenses for the purpose of enabling an officer or employee to attend and participate in any meeting or similar function relating to the official duties of the officer or employee when the entity offering payment or reimbursement is a person or entity subject to regulation by such agency or commission, or represents a person or entity subject to regulation by such agency or commission, unless the person or entity is an organization described in section 501(c)(3) 617. (a) (1) Notwithstanding any other provision of law, an Executive agency covered by this Act otherwise authorized to enter into contracts for either leases or the construction or alteration of real property for office, meeting, storage, or other space must consult with the General Services Administration before issuing a solicitation for offers of new leases or construction contracts, and in the case of succeeding leases, before entering into negotiations with the current lessor. (2) Any such agency with authority to enter into an emergency lease may do so during any period declared by the President to require emergency leasing authority with respect to such agency. (b) For purposes of this section, the term Executive agency covered by this Act 618. (a) There are appropriated for the following activities the amounts required under current law: (1) Compensation of the President ( 3 U.S.C. 102 (2) Payments to— (A) the Judicial Officers' Retirement Fund ( 28 U.S.C. 377(o) (B) the Judicial Survivors' Annuities Fund ( 28 U.S.C. 376(c) (C) the United States Court of Federal Claims Judges' Retirement Fund ( 28 U.S.C. 178(l) (3) Payment of Government contributions— (A) with respect to the health benefits of retired employees, as authorized by chapter 89 (B) with respect to the life insurance benefits for employees retiring after December 31, 1989 (5 U.S.C. ch. 87). (4) Payment to finance the unfunded liability of new and increased annuity benefits under the Civil Service Retirement and Disability Fund ( 5 U.S.C. 8348 (5) Payment of annuities authorized to be paid from the Civil Service Retirement and Disability Fund by statutory provisions other than subchapter III of chapter 83 or chapter 84 (b) Nothing in this section may be construed to exempt any amount appropriated by this section from any otherwise applicable limitation on the use of funds contained in this Act. 619. None of the funds made available in this Act may be used by the Federal Trade Commission to complete the draft report entitled Interagency Working Group on Food Marketed to Children: Preliminary Proposed Nutrition Principles to Guide Industry Self-Regulatory Efforts 620. (a) The head of each executive branch agency funded by this Act shall ensure that the Chief Information Officer of the agency has the authority to participate in decisions regarding the budget planning process related to information technology. (b) Amounts appropriated for any executive branch agency funded by this Act that are available for information technology shall be allocated within the agency, consistent with the provisions of appropriations Acts and budget guidelines and recommendations from the Director of the Office of Management and Budget, in such manner as specified by, or approved by, the Chief Information Officer of the agency in consultation with the Chief Financial Officer of the agency and budget officials. 621. None of the funds made available in this Act may be used in contravention of chapter 29, 31, or 33 of title 44, United States Code. 622. None of the funds made available in this Act may be used by a governmental entity to require the disclosure by a provider of electronic communication service to the public or remote computing service of the contents of a wire or electronic communication that is in electronic storage with the provider (as such terms are defined in sections 2510 and 2711 of title 18, United States Code) in a manner that violates the Fourth Amendment to the Constitution of the United States. 623. No funds provided in this Act shall be used to deny an Inspector General funded under this Act timely access to any records, documents, or other materials available to the department or agency over which that Inspector General has responsibilities under the Inspector General Act of 1978, or to prevent or impede that Inspector General’s access to such records, documents, or other materials, under any provision of law, except a provision of law that expressly refers to the Inspector General and expressly limits the Inspector General's right of access. A department or agency covered by this section shall provide its Inspector General with access to all such records, documents, and other materials in a timely manner. Each Inspector General shall ensure compliance with statutory limitations on disclosure relevant to the information provided by the establishment over which that Inspector General has responsibilities under the Inspector General Act of 1978. Each Inspector General covered by this section shall report to the Committees on Appropriations of the House of Representatives and the Senate within 5 calendar days any failures to comply with this requirement. 624. None of the funds appropriated by this Act may be used by the Federal Communications Commission to modify, amend, or change the rules or regulations of the Commission for universal service high-cost support for competitive eligible telecommunications carriers in a way that is inconsistent with paragraph (e)(5) or (e)(6) of section 54.307 of title 47, Code of Federal Regulations, as in effect on July 15, 2015: Provided, Provided further, 625. (a) None of the funds made available in this Act may be used to maintain or establish a computer network unless such network blocks the viewing, downloading, and exchanging of pornography. (b) Nothing in subsection (a) shall limit the use of funds necessary for any Federal, State, Tribal, or local law enforcement agency or any other entity carrying out criminal investigations, prosecution, adjudication activities, or other law enforcement- or victim assistance-related activity. 626. None of the funds appropriated or other-wise made available by this Act may be used to pay award or incentive fees for contractors whose performance has been judged to be below satisfactory, behind schedule, over budget, or has failed to meet the basic requirements of a contract, unless the Agency determines that any such deviations are due to unforeseeable events, government-driven scope changes, or are not significant within the overall scope of the project and/or program and unless such awards or incentive fees are consistent with section 16.401(e)(2) of the Federal Acquisition Regulation. 627. (a) None of the funds made available under this Act may be used to pay for travel and conference activities that result in a total cost to an Executive branch department, agency, board or commission funded by this Act of more than $500,000 at any single conference unless the agency or entity determines that such attendance is in the national interest and advance notice is transmitted to the Committees on Appropriations of the House of Representatives and the Senate that includes the basis of that determination. (b) None of the funds made available under this Act may be used to pay for the travel to or attendance of more than 50 employees, who are stationed in the United States, at any single conference occurring outside the United States unless the agency or entity determines that such attendance is in the national interest and advance notice is transmitted to the Committees on Appropriations of the House of Representatives and the Senate that includes the basis of that determination. 628. None of the funds made available by this Act may be used for first-class or business-class travel by the employees of executive branch agencies funded by this Act in contravention of sections 301–10.122 through 301–10.125 of title 41, Code of Federal Regulations. 629. None of the funds made available by this Act may be obligated on contracts in excess of $5,000 for public relations, as that term is defined in Office and Management and Budget Circular A–87 (revised May 10, 2004), unless advance notice of such an obligation is transmitted to the Committees on Appropriations of the House of Representatives and the Senate. 630. Federal agencies funded under this Act shall clearly state within the text, audio, or video used for advertising or educational purposes, including emails or Internet postings, that the communication is printed, published, or produced and disseminated at U.S. taxpayer expense. The funds used by a Federal agency to carry out this requirement shall be derived from amounts made available to the agency for advertising or other communications regarding the programs and activities of the agency. 631. When issuing statements, press releases, requests for proposals, bid solicitations and other documents describing projects or programs funded in whole or in part with Federal money, all grantees receiving Federal funds included in this Act, shall clearly state— (1) the percentage of the total costs of the program or project which will be financed with Federal money; (2) the dollar amount of Federal funds for the project or program; and (3) percentage and dollar amount of the total costs of the project or program that will be financed by non-governmental sources. 632. None of the funds made available by this Act shall be used by the Securities and Exchange Commission to finalize, issue, or implement any rule, regulation, or order regarding the disclosure of political contributions, contributions to tax exempt organizations, or dues paid to trade associations. 633. Not later than 45 days after the last day of each quarter, each agency funded in this Act shall submit to the Committees on Appropriations of the House of Representatives and the Senate a quarterly budget report that includes total obligations of the Agency for that quarter for each appropriation, by the source year of the appropriation. 634. Of the unobligated balances available in the Department of the Treasury, Treasury Forfeiture Fund, established by section 9703 of title 31, United States Code, $150,000,000 shall be permanently rescinded not later than September 30, 2024. 635. Of the unobligated balances of amounts made available under section 4010 of the American Rescue Plan Act of 2021 ( Public Law 117–2 636. Of the unobligated balances of amounts made available under section 4011 of the American Rescue Plan Act of 2021 ( Public Law 117–2 637. Of the unobligated balances of amounts made available under section 10301(1)(A)(ii) of the Inflation Reduction Act ( Public Law 117–169 638. Title 44, United States Code, is amended as follows— (1) in subsection (a)(2) of section 2107, by striking the head of such agency has certified in writing to the Archivist the Archivist determines, after consulting with the head of such agency, (2) in subsection (d) of section 2904, by striking the first instance of digital or electronic (3) in subsection (e) of section 3303a, by striking the written consent of advance notice to (4) in section 3308, by striking empower direct 639. Of the unobligated balances for major repairs and alterations under the heading General Services Administration—Real Property Activities—Federal Buildings Fund Public Law 116–93 VII GENERAL PROVISIONS—GOVERNMENT-WIDE Departments, agencies, and corporations (INCLUDING TRANSFERS OF FUNDS) 701. No department, agency, or instrumentality of the United States receiving appropriated funds under this or any other Act for fiscal year 2024 shall obligate or expend any such funds, unless such department, agency, or instrumentality has in place, and will continue to administer in good faith, a written policy designed to ensure that all of its workplaces are free from the illegal use, possession, or distribution of controlled substances (as defined in the Controlled Substances Act ( 21 U.S.C. 802 702. Unless otherwise specifically provided, the maximum amount allowable during the current fiscal year in accordance with section 1343(c) of title 31, United States Code, for the purchase of any passenger motor vehicle (exclusive of buses, ambulances, vans, law enforcement vehicles, protective vehicles, undercover surveillance vehicles, and police-type vehicles), is hereby fixed annually at an amount to reflect average transaction prices paid for passenger vehicles, as determined by the Administrator of General Services by analyzing multiple published automotive industry prices paid indices, averaging the data, and adjusting for inflation: Provided, Provided further, Public Law 101–549 Provided further, 703. Appropriations of the executive departments and independent establishments for the current fiscal year available for expenses of travel, or for the expenses of the activity concerned, are hereby made available for quarters allowances and cost-of-living allowances, in accordance with 5 U.S.C. 5922–5924 704. Unless otherwise specified in law during the current fiscal year, no part of any appropriation contained in this or any other Act shall be used to pay the compensation of any officer or employee of the Government of the United States (including any agency the majority of the stock of which is owned by the Government of the United States) whose post of duty is in the continental United States unless such person: (1) is a citizen of the United States; (2) is a person who is lawfully admitted for permanent residence and is seeking citizenship as outlined in 8 U.S.C. 1324b(a)(3)(B) Provided, Provided further, Provided further, Provided further, Provided further, Provided further, Provided further, 705. Appropriations available to any department or agency during the current fiscal year for necessary expenses, including maintenance or operating expenses, shall also be available for payment to the General Services Administration for charges for space and services and those expenses of renovation and alteration of buildings and facilities which constitute public improvements performed in accordance with the Public Buildings Act of 1959 (73 Stat. 479), the Public Buildings Amendments of 1972 (86 Stat. 216), or other applicable law. 706. In addition to funds provided in this or any other Act, all Federal agencies are authorized to receive and use funds resulting from the sale of materials, including Federal records disposed of pursuant to a records schedule recovered through recycling or waste prevention programs. Such funds shall be available until expended for the following purposes: (1) Acquisition, waste reduction and prevention, and recycling programs as described in Executive Order No. 14057 (December 8, 2021), including any such programs adopted prior to the effective date of the Executive order. (2) Other Federal agency environmental management programs, including, but not limited to, the development and implementation of hazardous waste management and pollution prevention programs. (3) Other employee programs as authorized by law or as deemed appropriate by the head of the Federal agency. 707. Funds made available by this or any other Act for administrative expenses in the current fiscal year of the corporations and agencies subject to chapter 91 5 U.S.C. 3109 Provided, 708. No part of any appropriation contained in this or any other Act shall be available for interagency financing of boards (except Federal Executive Boards), commissions, councils, committees, or similar groups (whether or not they are interagency entities) which do not have a prior and specific statutory approval to receive financial support from more than one agency or instrumentality. 709. None of the funds made available pursuant to the provisions of this or any other Act shall be used to implement, administer, or enforce any regulation which has been disapproved pursuant to a joint resolution duly adopted in accordance with the applicable law of the United States. 710. During the period in which the head of any department or agency, or any other officer or civilian employee of the Federal Government appointed by the President of the United States, holds office, no funds may be obligated or expended in excess of $5,000 to furnish or redecorate the office of such department head, agency head, officer, or employee, or to purchase furniture or make improvements for any such office, unless advance notice of such furnishing or redecoration is transmitted to the Committees on Appropriations of the House of Representatives and the Senate. For the purposes of this section, the term office 711. Notwithstanding 31 U.S.C. 1346 712. (a) None of the funds made available by this or any other Act may be obligated or expended by any department, agency, or other instrumentality of the Federal Government to pay the salaries or expenses of any individual appointed to a position of a confidential or policy-determining character that is excepted from the competitive service under section 3302 of title 5, United States Code, (pursuant to schedule C of subpart C of part 213 of title 5 of the Code of Federal Regulations) unless the head of the applicable department, agency, or other instrumentality employing such schedule C individual certifies to the Director of the Office of Personnel Management that the schedule C position occupied by the individual was not created solely or primarily in order to detail the individual to the White House. (b) The provisions of this section shall not apply to Federal employees or members of the armed forces detailed to or from an element of the intelligence community (as that term is defined under section 3(4) of the National Security Act of 1947 ( 50 U.S.C. 3003(4) 713. No part of any appropriation contained in this or any other Act shall be available for the payment of the salary of any officer or employee of the Federal Government, who— (1) prohibits or prevents, or attempts or threatens to prohibit or prevent, any other officer or employee of the Federal Government from having any direct oral or written communication or contact with any Member, committee, or subcommittee of the Congress in connection with any matter pertaining to the employment of such other officer or employee or pertaining to the department or agency of such other officer or employee in any way, irrespective of whether such communication or contact is at the initiative of such other officer or employee or in response to the request or inquiry of such Member, committee, or subcommittee; or (2) removes, suspends from duty without pay, demotes, reduces in rank, seniority, status, pay, or performance or efficiency rating, denies promotion to, relocates, reassigns, transfers, disciplines, or discriminates in regard to any employment right, entitlement, or benefit, or any term or condition of employment of, any other officer or employee of the Federal Government, or attempts or threatens to commit any of the foregoing actions with respect to such other officer or employee, by reason of any communication or contact of such other officer or employee with any Member, committee, or subcommittee of the Congress as described in paragraph (1). 714. (a) None of the funds made available in this or any other Act may be obligated or expended for any employee training that— (1) does not meet identified needs for knowledge, skills, and abilities bearing directly upon the performance of official duties; (2) contains elements likely to induce high levels of emotional response or psychological stress in some participants; (3) does not require prior employee notification of the content and methods to be used in the training and written end of course evaluation; (4) contains any methods or content associated with religious or quasi-religious belief systems or new age (5) is offensive to, or designed to change, participants' personal values or lifestyle outside the workplace. (b) Nothing in this section shall prohibit, restrict, or otherwise preclude an agency from conducting training bearing directly upon the performance of official duties. 715. No part of any funds appropriated in this or any other Act shall be used by an agency of the executive branch, other than for normal and recognized executive-legislative relationships, for publicity or propaganda purposes, and for the preparation, distribution or use of any kit, pamphlet, booklet, publication, radio, television, or film presentation designed to support or defeat legislation pending before the Congress, except in presentation to the Congress itself. 716. None of the funds appropriated by this or any other Act may be used by an agency to provide a Federal employee's home address to any labor organization except when the employee has authorized such disclosure or when such disclosure has been ordered by a court of competent jurisdiction. 717. None of the funds made available in this or any other Act may be used to provide any non-public information such as mailing, telephone, or electronic mailing lists to any person or any organization outside of the Federal Government without the approval of the Committees on Appropriations of the House of Representatives and the Senate. 718. No part of any appropriation contained in this or any other Act shall be used directly or indirectly, including by private contractor, for publicity or propaganda purposes within the United States not heretofore authorized by Congress. 719. (a) In this section, the term agency (1) means an Executive agency, as defined under 5 U.S.C. 105 (2) includes a military department, as defined under section 102 of such title and the United States Postal Service. (b) Unless authorized in accordance with law or regulations to use such time for other purposes, an employee of an agency shall use official time in an honest effort to perform official duties. An employee not under a leave system, including a Presidential appointee exempted under 5 U.S.C. 6301(2) 720. Notwithstanding 31 U.S.C. 1346 and section 708 of this Act, funds made available for the current fiscal year by this or any other Act to any department or agency, which is a member of the Federal Accounting Standards Advisory Board (FASAB), shall be available to finance an appropriate share of FASAB administrative costs. 721. Notwithstanding 31 U.S.C. 1346 and section 708 of this Act, the head of each Executive department and agency is hereby authorized to transfer to or reimburse General Services Administration, Government-wide Policy Provided, Provided further, 31 U.S.C. 1120 Provided further, General Services Administration, Government-Wide Policy Provided further, Provided further, Provided further, 722. Notwithstanding any other provision of law, a woman may breastfeed her child at any location in a Federal building or on Federal property, if the woman and her child are otherwise authorized to be present at the location. 723. Notwithstanding 31 U.S.C. 1346 Provided, 724. Any request for proposals, solicitation, grant application, form, notification, press release, or other publications involving the distribution of Federal funds shall comply with any relevant requirements in part 200 of title 2, Code of Federal Regulations: Provided, 725. (a) Prohibition of federal agency monitoring of individuals' internet use None of the funds made available in this or any other Act may be used by any Federal agency— (1) to collect, review, or create any aggregation of data, derived from any means, that includes any personally identifiable information relating to an individual's access to or use of any Federal Government Internet site of the agency; or (2) to enter into any agreement with a third party (including another government agency) to collect, review, or obtain any aggregation of data, derived from any means, that includes any personally identifiable information relating to an individual's access to or use of any nongovernmental Internet site. (b) Exceptions The limitations established in subsection (a) shall not apply to— (1) any record of aggregate data that does not identify particular persons; (2) any voluntary submission of personally identifiable information; (3) any action taken for law enforcement, regulatory, or supervisory purposes, in accordance with applicable law; or (4) any action described in subsection (a)(1) that is a system security action taken by the operator of an Internet site and is necessarily incident to providing the Internet site services or to protecting the rights or property of the provider of the Internet site. (c) Definitions For the purposes of this section: (1) The term regulatory (2) The term supervisory 726. (a) None of the funds appropriated by this Act may be used to enter into or renew a contract which includes a provision providing prescription drug coverage, except where the contract also includes a provision for contraceptive coverage. (b) Nothing in this section shall apply to a contract with— (1) any of the following religious plans: (A) Personal Care's HMO; and (B) OSF HealthPlans, Inc.; and (2) any existing or future plan, if the carrier for the plan objects to such coverage on the basis of religious beliefs. (c) In implementing this section, any plan that enters into or renews a contract under this section may not subject any individual to discrimination on the basis that the individual refuses to prescribe or otherwise provide for contraceptives because such activities would be contrary to the individual's religious beliefs or moral convictions. (d) Nothing in this section shall be construed to require coverage of abortion or abortion-related services. 727. The United States is committed to ensuring the health of its Olympic, Pan American, and Paralympic athletes, and supports the strict adherence to anti-doping in sport through testing, adjudication, education, and research as performed by nationally recognized oversight authorities. 728. Notwithstanding any other provision of law, funds appropriated for official travel to Federal departments and agencies may be used by such departments and agencies, if consistent with Office of Management and Budget Circular A–126 regarding official travel for Government personnel, to participate in the fractional aircraft ownership pilot program. 729. Notwithstanding any other provision of law, none of the funds appropriated or made available under this or any other appropriations Act may be used to implement or enforce restrictions or limitations on the Coast Guard Congressional Fellowship Program, or to implement the proposed regulations of the Office of Personnel Management to add sections 300.311 through 300.316 to part 300 of title 5 of the Code of Federal Regulations, published in the Federal Register, volume 68, number 174, on September 9, 2003 (relating to the detail of executive branch employees to the legislative branch). 730. Notwithstanding any other provision of law, no executive branch agency shall purchase, construct, or lease any additional facilities, except within or contiguous to existing locations, to be used for the purpose of conducting Federal law enforcement training without the advance approval of the Committees on Appropriations of the House of Representatives and the Senate, except that the Federal Law Enforcement Training Centers is authorized to obtain the temporary use of additional facilities by lease, contract, or other agreement for training which cannot be accommodated in existing Centers facilities. 731. Unless otherwise authorized by existing law, none of the funds provided in this or any other Act may be used by an executive branch agency to produce any prepackaged news story intended for broadcast or distribution in the United States, unless the story includes a clear notification within the text or audio of the prepackaged news story that the prepackaged news story was prepared or funded by that executive branch agency. 732. None of the funds made available in this Act may be used in contravention of section 552a of title 5, United States Code (popularly known as the Privacy Act), and regulations implementing that section. 733. (a) In general None of the funds appropriated or otherwise made available by this or any other Act may be used for any Federal Government contract with any foreign incorporated entity which is treated as an inverted domestic corporation under section 835(b) of the Homeland Security Act of 2002 ( 6 U.S.C. 395(b) (b) Waivers (1) In general Any Secretary shall waive subsection (a) with respect to any Federal Government contract under the authority of such Secretary if the Secretary determines that the waiver is required in the interest of national security. (2) Report to congress Any Secretary issuing a waiver under paragraph (1) shall report such issuance to Congress. (c) Exception This section shall not apply to any Federal Government contract entered into before the date of the enactment of this Act, or to any task order issued pursuant to such contract. 734. During fiscal year 2024, for each employee who— (1) retires under section 8336(d)(2) or 8414(b)(1)(B) of title 5, United States Code; or (2) retires under any other provision of subchapter III of chapter 83 or chapter 84 of such title 5 and receives a payment as an incentive to separate, the separating agency shall remit to the Civil Service Retirement and Disability Fund an amount equal to the Office of Personnel Management's average unit cost of processing a retirement claim for the preceding fiscal year. Such amounts shall be available until expended to the Office of Personnel Management and shall be deemed to be an administrative expense under section 8348(a)(1)(B) of title 5, United States Code. 735. (a) None of the funds made available in this or any other Act may be used to recommend or require any entity submitting an offer for a Federal contract to disclose any of the following information as a condition of submitting the offer: (1) Any payment consisting of a contribution, expenditure, independent expenditure, or disbursement for an electioneering communication that is made by the entity, its officers or directors, or any of its affiliates or subsidiaries to a candidate for election for Federal office or to a political committee, or that is otherwise made with respect to any election for Federal office. (2) Any disbursement of funds (other than a payment described in paragraph (1)) made by the entity, its officers or directors, or any of its affiliates or subsidiaries to any person with the intent or the reasonable expectation that the person will use the funds to make a payment described in paragraph (1). (b) In this section, each of the terms contribution expenditure independent expenditure electioneering communication candidate election Federal office 52 U.S.C. 30101 et seq. 736. None of the funds made available in this or any other Act may be used to pay for the painting of a portrait of an officer or employee of the Federal Government, including the President, the Vice President, a Member of Congress (including a Delegate or a Resident Commissioner to Congress), the head of an executive branch agency (as defined in section 133 of title 41, United States Code), or the head of an office of the legislative branch. 737. (a) (1) Notwithstanding any other provision of law, and except as otherwise provided in this section, no part of any of the funds appropriated for fiscal year 2024, by this or any other Act, may be used to pay any prevailing rate employee described in section 5342(a)(2)(A) of title 5, United States Code— (A) during the period from the date of expiration of the limitation imposed by the comparable section for the previous fiscal years until the normal effective date of the applicable wage survey adjustment that is to take effect in fiscal year 2024, in an amount that exceeds the rate payable for the applicable grade and step of the applicable wage schedule in accordance with such section; and (B) during the period consisting of the remainder of fiscal year 2024, in an amount that exceeds the result of a wage survey adjustment, the rate payable under subparagraph (A) by more than the sum of— (i) the percentage adjustment taking effect in fiscal year 2024 under section 5303 of title 5, United States Code, in the rates of pay under the General Schedule; and (ii) the difference between the overall average percentage of the locality-based comparability payments taking effect in fiscal year 2024 under section 5304 of such title (whether by adjustment or otherwise), and the overall average percentage of such payments which was effective in the previous fiscal year under such section. (2) Notwithstanding any other provision of law, no prevailing rate employee described in subparagraph (B) or (C) of section 5342(a)(2) of title 5, United States Code, and no employee covered by section 5348 of such title, may be paid during the periods for which paragraph (1) is in effect at a rate that exceeds the rates that would be payable under paragraph (1) were paragraph (1) applicable to such employee. (3) Notwithstanding any other provision of law, rates of premium pay for employees subject to this subsection may not be changed from the rates in effect on September 30, 2023, except to the extent determined by the Office of Personnel Management to be consistent with the purpose of this subsection. (4) Notwithstanding any other provision of law, rates of premium pay for employees subject to this subsection may not be changed from the rates in effect on September 30, 2023, except to the extent determined by the Office of Personnel Management to be consistent with the purpose of this subsection. (5) This subsection shall apply with respect to pay for service performed after September 30, 2023. (6) For the purpose of administering any provision of law (including any rule or regulation that provides premium pay, retirement, life insurance, or any other employee benefit) that requires any deduction or contribution, or that imposes any requirement or limitation on the basis of a rate of salary or basic pay, the rate of salary or basic pay payable after the application of this subsection shall be treated as the rate of salary or basic pay. (7) Nothing in this subsection shall be considered to permit or require the payment to any employee covered by this subsection at a rate in excess of the rate that would be payable were this subsection not in effect. (8) The Office of Personnel Management may provide for exceptions to the limitations imposed by this subsection if the Office determines that such exceptions are necessary to ensure the recruitment or retention of qualified employees. (b) Notwithstanding subsection (a), the adjustment in rates of basic pay for the statutory pay systems that take place in fiscal year 2024 under sections 5344 and 5348 of title 5, United States Code, shall be— (1) not less than the percentage received by employees in the same location whose rates of basic pay are adjusted pursuant to the statutory pay systems under sections 5303 and 5304 of title 5, United States Code: Provided Rest of United States (2) effective as of the first day of the first applicable pay period beginning after September 30, 2023. 738. (a) The head of any Executive branch department, agency, board, commission, or office funded by this or any other appropriations Act shall submit annual reports to the Inspector General or senior ethics official for any entity without an Inspector General, regarding the costs and contracting procedures related to each conference held by any such department, agency, board, commission, or office during fiscal year 2024 for which the cost to the United States Government was more than $100,000. (b) Each report submitted shall include, for each conference described in subsection (a) held during the applicable period— (1) a description of its purpose; (2) the number of participants attending; (3) a detailed statement of the costs to the United States Government, including— (A) the cost of any food or beverages; (B) the cost of any audio-visual services; (C) the cost of employee or contractor travel to and from the conference; and (D) a discussion of the methodology used to determine which costs relate to the conference; and (4) a description of the contracting procedures used including— (A) whether contracts were awarded on a competitive basis; and (B) a discussion of any cost comparison conducted by the departmental component or office in evaluating potential contractors for the conference. (c) Within 15 days after the end of a quarter, the head of any such department, agency, board, commission, or office shall notify the Inspector General or senior ethics official for any entity without an Inspector General, of the date, location, and number of employees attending a conference held by any Executive branch department, agency, board, commission, or office funded by this or any other appropriations Act during fiscal year 2024 for which the cost to the United States Government was more than $20,000. (d) A grant or contract funded by amounts appropriated by this or any other appropriations Act may not be used for the purpose of defraying the costs of a conference described in subsection (c) that is not directly and programmatically related to the purpose for which the grant or contract was awarded, such as a conference held in connection with planning, training, assessment, review, or other routine purposes related to a project funded by the grant or contract. (e) None of the funds made available in this or any other appropriations Act may be used for travel and conference activities that are not in compliance with Office of Management and Budget Memorandum M–12–12 dated May 11, 2012 or any subsequent revisions to that memorandum. 739. None of the funds made available in this or any other appropriations Act may be used to increase, eliminate, or reduce funding for a program, project, or activity as proposed in the President's budget request for a fiscal year until such proposed change is subsequently enacted in an appropriation Act, or unless such change is made pursuant to the reprogramming or transfer provisions of this or any other appropriations Act. 740. None of the funds made available by this or any other Act may be used to implement, administer, enforce, or apply the rule entitled Competitive Area 741. None of the funds appropriated or otherwise made available by this or any other Act may be used to begin or announce a study or public-private competition regarding the conversion to contractor performance of any function performed by Federal employees pursuant to Office of Management and Budget Circular A–76 or any other administrative regulation, directive, or policy. 742. (a) None of the funds appropriated or otherwise made available by this or any other Act may be available for a contract, grant, or cooperative agreement with an entity that requires employees or contractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or contractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. (b) The limitation in subsection (a) shall not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information. 743. (a) No funds appropriated in this or any other Act may be used to implement or enforce the agreements in Standard Forms 312 and 4414 of the Government or any other nondisclosure policy, form, or agreement if such policy, form, or agreement does not contain the following provisions: These provisions are consistent with and do not supersede, conflict with, or otherwise alter the employee obligations, rights, or liabilities created by existing statute or Executive order relating to (1) classified information, (2) communications to Congress, (3) the reporting to an Inspector General or the Office of Special Counsel of a violation of any law, rule, or regulation, or mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety, or (4) any other whistleblower protection. The definitions, requirements, obligations, rights, sanctions, and liabilities created by controlling Executive orders and statutory provisions are incorporated into this agreement and are controlling. Provided, (b) A nondisclosure agreement may continue to be implemented and enforced notwithstanding subsection (a) if it complies with the requirements for such agreement that were in effect when the agreement was entered into. (c) No funds appropriated in this or any other Act may be used to implement or enforce any agreement entered into during fiscal year 2014 which does not contain substantially similar language to that required in subsection (a). 744. None of the funds made available by this or any other Act may be used to enter into a contract, memorandum of understanding, or cooperative agreement with, make a grant to, or provide a loan or loan guarantee to, any corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless a Federal agency has considered suspension or debarment of the corporation and has made a determination that this further action is not necessary to protect the interests of the Government. 745. None of the funds made available by this or any other Act may be used to enter into a contract, memorandum of understanding, or cooperative agreement with, make a grant to, or provide a loan or loan guarantee to, any corporation that was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless a Federal agency has considered suspension or debarment of the corporation and has made a determination that this further action is not necessary to protect the interests of the Government. 746. (a) During fiscal year 2024, on the date on which a request is made for a transfer of funds in accordance with section 1017 of Public Law 111–203 (b) Any notification required by this section shall be made available on the Bureau’s public website. 747. (a) Notwithstanding any official rate adjusted under section 104 of title 3, United States Code, the rate payable to the Vice President during calendar year 2024 shall be the rate payable to the Vice President on December 31, 2023, by operation of section 747 of division E of Public Law 117–328 (b) Notwithstanding any official rate adjusted under section 5318 of title 5, United States Code, or any other provision of law, the payable rate during calendar year 2024 for an employee serving in an Executive Schedule position, or in a position for which the rate of pay is fixed by statute at an Executive Schedule rate, shall be the rate payable for the applicable Executive Schedule level on December 31, 2023, by operation of section 747 of division E of Public Law 117–328 (c) Notwithstanding section 401 of the Foreign Service Act of 1980 ( Public Law 96–465 (d) (1) This subsection applies to— (A) a noncareer appointee in the Senior Executive Service paid a rate of basic pay at or above the official rate for level IV of the Executive Schedule; or (B) a limited term appointee or limited emergency appointee in the Senior Executive Service serving under a political appointment and paid a rate of basic pay at or above the official rate for level IV of the Executive Schedule. (2) Notwithstanding sections 5382 and 5383 of title 5, United States Code, an employee described in paragraph (1) may not receive a pay rate increase during calendar year 2024, except as provided in subsection (i). (e) Notwithstanding any other provision of law, any employee paid a rate of basic pay (including any locality based payments under section 5304 of title 5, United States Code, or similar authority) at or above the official rate for level IV of the Executive Schedule who serves under a political appointment may not receive a pay rate increase during calendar year 2024, except as provided in subsection (i). This subsection does not apply to employees in the General Schedule pay system or the Foreign Service pay system, to employees appointed under section 3161 of title 5, United States Code, or to employees in another pay system whose position would be classified at GS–15 or below if chapter 51 (f) Nothing in subsections (b) through (e) shall prevent employees who do not serve under a political appointment from receiving pay increases as otherwise provided under applicable law. (g) This section does not apply to an individual who makes an election to retain Senior Executive Service basic pay under section 3392(c) of title 5, United States Code, for such time as that election is in effect. (h) This section does not apply to an individual who makes an election to retain Senior Foreign Service pay entitlements under section 302(b) of the Foreign Service Act of 1980 ( Public Law 96–465 (i) Notwithstanding subsections (b) through (e), an employee in a covered position may receive a pay rate increase upon an authorized movement to a different covered position only if that new position has higher-level duties and a pre-established level or range of pay higher than the level or range for the position held immediately before the movement. Any such increase must be based on the rates of pay and applicable limitations on payable rates of pay in effect on December 31, 2023, by operation of section 747 of division E of Public Law 117–328 (j) Notwithstanding any other provision of law, for an individual who is newly appointed to a covered position during the period of time subject to this section, the initial pay rate shall be based on the rates of pay and applicable limitations on payable rates of pay in effect on December 31, 2023, by operation of section 747 of division E of Public Law 117–328 (k) If an employee affected by this section is subject to a biweekly pay period that begins in calendar year 2024 but ends in calendar year 2025, the bar on the employee’s receipt of pay rate increases shall apply through the end of that pay period. (l) For the purpose of this section, the term covered position (m) This section takes effect on the first day of the first applicable pay period beginning on or after January 1, 2024. 748. In the event of a violation of the Impoundment Control Act of 1974, the President or the head of the relevant department or agency, as the case may be, shall report immediately to the Congress all relevant facts and a statement of actions taken: Provided, 749. (a) Each department or agency of the executive branch of the United States Government shall notify the Committees on Appropriations and the Budget of the House of Representatives and the Senate and any other appropriate congressional committees if— (1) an apportionment is not made in the required time period provided in section 1513(b) of title 31, United States Code; (2) an approved apportionment received by the department or agency conditions the availability of an appropriation on further action; or (3) an approved apportionment received by the department or agency may hinder the prudent obligation of such appropriation or the execution of a program, project, or activity by such department or agency. (b) Any notification submitted to a congressional committee pursuant to this section shall contain information identifying the bureau, account name, appropriation name, and Treasury Appropriation Fund Symbol or fund account. 750. (a) Any non-Federal entity receiving funds provided in this or any other appropriations Act for fiscal year 2024 that are specified in the disclosure table submitted in compliance with clause 9 of rule XXI of the Rules of the House of Representatives or Rule XLIV of the Standing Rules of the Senate that is included in the report or explanatory statement accompanying any such Act shall be deemed to be a recipient of a Federal award with respect to such funds for purposes of the requirements of 2 CFR 200.334, regarding records retention, and 2 CFR 200.337, regarding access by the Comptroller General of the United States. (b) Nothing in this section shall be construed to limit, amend, supersede, or restrict in any manner any requirements otherwise applicable to non-Federal entities described in paragraph (1) or any existing authority of the Comptroller General. 751. Notwithstanding section 1346 of title 31, United States Code, or section 708 of this Act, funds made available by this or any other Act to any Federal agency may be used by that Federal agency for interagency funding for coordination with, participation in, or recommendations involving, activities of the U.S. Army Medical Research and Development Command, the Congressionally Directed Medical Research Programs and the National Institutes of Health research programs. 752. Notwithstanding 31 U.S.C. 1346 and section 708 of this Act, the head of each Executive department and agency is hereby authorized to transfer to or reimburse General Services Administration, Federal Citizen Services Fund Provided, Provided further, Provided further, General Services Administration, Federal Citizen Services Fund Provided further, Provided further, Provided further, 753. If, for fiscal year 2024, new budget authority provided in appropriations Acts exceeds the discretionary spending limit for any category set forth in section 251(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 due to estimating differences with the Congressional Budget Office, an adjustment to the discretionary spending limit in such category for fiscal year 2024 shall be made by the Director of the Office of Management and Budget in the amount of the excess but the total of all such adjustments shall not exceed 0.2 percent of the sum of the adjusted discretionary spending limits for all categories for that fiscal year. 754. Notwithstanding any other provision of law, the unobligated balances of funds made available in division J of the Infrastructure Investment and Jobs Act ( Public Law 117–58 16 U.S.C. 1531 et seq. Public Law 117–58 Provided, Provided further, Provided further Provided further, Provided further, Provided further, Provided further, 755. Except as expressly provided otherwise, any reference to this Act VIII GENERAL PROVISIONS—DISTRICT OF COLUMBIA (INCLUDING TRANSFERS OF FUNDS) 801. There are appropriated from the applicable funds of the District of Columbia such sums as may be necessary for making refunds and for the payment of legal settlements or judgments that have been entered against the District of Columbia government. 802. None of the Federal funds provided in this Act shall be used for publicity or propaganda purposes or implementation of any policy including boycott designed to support or defeat legislation pending before Congress or any State legislature. 803. (a) None of the Federal funds provided under this Act to the agencies funded by this Act, both Federal and District government agencies, that remain available for obligation or expenditure in fiscal year 2024, or provided from any accounts in the Treasury of the United States derived by the collection of fees available to the agencies funded by this Act, shall be available for obligation or expenditures for an agency through a reprogramming of funds which— (1) creates new programs; (2) eliminates a program, project, or responsibility center; (3) establishes or changes allocations specifically denied, limited or increased under this Act; (4) increases funds or personnel by any means for any program, project, or responsibility center for which funds have been denied or restricted; (5) re-establishes any program or project previously deferred through reprogramming; (6) augments any existing program, project, or responsibility center through a reprogramming of funds in excess of $3,000,000 or 10 percent, whichever is less; or (7) increases by 20 percent or more personnel assigned to a specific program, project or responsibility center, unless prior approval is received from the Committees on Appropriations of the House of Representatives and the Senate. (b) The District of Columbia government is authorized to approve and execute reprogramming and transfer requests of local funds under this title through November 7, 2024. 804. None of the Federal funds provided in this Act may be used by the District of Columbia to provide for salaries, expenses, or other costs associated with the offices of United States Senator or United States Representative under section 4(d) of the District of Columbia Statehood Constitutional Convention Initiatives of 1979 (D.C. Law 3–171; D.C. Official Code, sec. 1–123). 805. Except as otherwise provided in this section, none of the funds made available by this Act or by any other Act may be used to provide any officer or employee of the District of Columbia with an official vehicle unless the officer or employee uses the vehicle only in the performance of the officer's or employee's official duties. For purposes of this section, the term official duties (1) an officer or employee of the Metropolitan Police Department who resides in the District of Columbia or is otherwise designated by the Chief of the Department; (2) at the discretion of the Fire Chief, an officer or employee of the District of Columbia Fire and Emergency Medical Services Department who resides in the District of Columbia and is on call 24 hours a day; (3) at the discretion of the Director of the Department of Corrections, an officer or employee of the District of Columbia Department of Corrections who resides in the District of Columbia and is on call 24 hours a day; (4) at the discretion of the Chief Medical Examiner, an officer or employee of the Office of the Chief Medical Examiner who resides in the District of Columbia and is on call 24 hours a day; (5) at the discretion of the Director of the Homeland Security and Emergency Management Agency, an officer or employee of the Homeland Security and Emergency Management Agency who resides in the District of Columbia and is on call 24 hours a day; (6) the Mayor of the District of Columbia; and (7) the Chairman of the Council of the District of Columbia. 806. (a) None of the Federal funds contained in this Act may be used by the District of Columbia Attorney General or any other officer or entity of the District government to provide assistance for any petition drive or civil action which seeks to require Congress to provide for voting representation in Congress for the District of Columbia. (b) Nothing in this section bars the District of Columbia Attorney General from reviewing or commenting on briefs in private lawsuits, or from consulting with officials of the District government regarding such lawsuits. 807. None of the Federal funds contained in this Act may be used to distribute any needle or syringe for the purpose of preventing the spread of blood borne pathogens in any location that has been determined by the local public health or local law enforcement authorities to be inappropriate for such distribution. 808. Nothing in this Act may be construed to prevent the Council or Mayor of the District of Columbia from addressing the issue of the provision of contraceptive coverage by health insurance plans, but it is the intent of Congress that any legislation enacted on such issue should include a conscience clause 809. (a) None of the Federal funds contained in this Act may be used to enact or carry out any law, rule, or regulation to legalize or otherwise reduce penalties associated with the possession, use, or distribution of any schedule I substance under the Controlled Substances Act ( 21 U.S.C. 801 et seq. (b) No funds available for obligation or expenditure by the District of Columbia government under any authority may be used to enact any law, rule, or regulation to legalize or otherwise reduce penalties associated with the possession, use, or distribution of any schedule I substance under the Controlled Substances Act ( 21 U.S.C. 801 et seq. 810. No funds available for obligation or expenditure by the District of Columbia government under any authority shall be expended for any abortion except where the life of the mother would be endangered if the fetus were carried to term or where the pregnancy is the result of an act of rape or incest. 811. (a) No later than 30 calendar days after the date of the enactment of this Act, the Chief Financial Officer for the District of Columbia shall submit to the appropriate committees of Congress, the Mayor, and the Council of the District of Columbia, a revised appropriated funds operating budget in the format of the budget that the District of Columbia government submitted pursuant to section 442 of the District of Columbia Home Rule Act (D.C. Official Code, sec. 1–204.42), for all agencies of the District of Columbia government for fiscal year 2024 that is in the total amount of the approved appropriation and that realigns all budgeted data for personal services and other-than-personal services, respectively, with anticipated actual expenditures. (b) This section shall apply only to an agency for which the Chief Financial Officer for the District of Columbia certifies that a reallocation is required to address unanticipated changes in program requirements. 812. No later than 30 calendar days after the date of the enactment of this Act, the Chief Financial Officer for the District of Columbia shall submit to the appropriate committees of Congress, the Mayor, and the Council for the District of Columbia, a revised appropriated funds operating budget for the District of Columbia Public Schools that aligns schools budgets to actual enrollment. The revised appropriated funds budget shall be in the format of the budget that the District of Columbia government submitted pursuant to section 442 of the District of Columbia Home Rule Act (D.C. Official Code, sec. 1–204.42). 813. (a) Amounts appropriated in this Act as operating funds may be transferred to the District of Columbia's enterprise and capital funds and such amounts, once transferred, shall retain appropriation authority consistent with the provisions of this Act. (b) The District of Columbia government is authorized to reprogram or transfer for operating expenses any local funds transferred or reprogrammed in this or the four prior fiscal years from operating funds to capital funds, and such amounts, once transferred or reprogrammed, shall retain appropriation authority consistent with the provisions of this Act. (c) The District of Columbia government may not transfer or reprogram for operating expenses any funds derived from bonds, notes, or other obligations issued for capital projects. 814. None of the Federal funds appropriated in this Act shall remain available for obligation beyond the current fiscal year, nor may any be transferred to other appropriations, unless expressly so provided herein. 815. Except as otherwise specifically provided by law or under this Act, not to exceed 50 percent of unobligated balances remaining available at the end of fiscal year 2024 from appropriations of Federal funds made available for salaries and expenses for fiscal year 2024 in this Act, shall remain available through September 30, 2025, for each such account for the purposes authorized: Provided, Provided further, 816. (a) (1) During fiscal year 2025, during a period in which neither a District of Columbia continuing resolution or a regular District of Columbia appropriation bill is in effect, local funds are appropriated in the amount provided for any project or activity for which local funds are provided in the Act referred to in paragraph (2) (subject to any modifications enacted by the District of Columbia as of the beginning of the period during which this subsection is in effect) at the rate set forth by such Act. (2) The Act referred to in this paragraph is the Act of the Council of the District of Columbia pursuant to which a proposed budget is approved for fiscal year 2024 which (subject to the requirements of the District of Columbia Home Rule Act) will constitute the local portion of the annual budget for the District of Columbia government for fiscal year 2025 for purposes of section 446 of the District of Columbia Home Rule Act (sec. 1–204.46, D.C. Official Code). (b) Appropriations made by subsection (a) shall cease to be available— (1) during any period in which a District of Columbia continuing resolution for fiscal year 2025 is in effect; or (2) upon the enactment into law of the regular District of Columbia appropriation bill for fiscal year 2025. (c) An appropriation made by subsection (a) is provided under the authority and conditions as provided under this Act and shall be available to the extent and in the manner that would be provided by this Act. (d) An appropriation made by subsection (a) shall cover all obligations or expenditures incurred for such project or activity during the portion of fiscal year 2025 for which this section applies to such project or activity. (e) This section shall not apply to a project or activity during any period of fiscal year 2025 if any other provision of law (other than an authorization of appropriations)— (1) makes an appropriation, makes funds available, or grants authority for such project or activity to continue for such period; or (2) specifically provides that no appropriation shall be made, no funds shall be made available, or no authority shall be granted for such project or activity to continue for such period. (f) Nothing in this section shall be construed to affect obligations of the government of the District of Columbia mandated by other law. 817. (a) Section 244 of the Revised Statutes of the United States relating to the District of Columbia (sec. 9–1201.03, D.C. Official Code) does not apply with respect to any railroads installed pursuant to the Long Bridge Project. (b) In this section, the term Long Bridge Project 818. Not later than 45 days after the last day of each quarter, each Federal and District government agency appropriated Federal funds in this Act shall submit to the Committees on Appropriations of the House of Representatives and the Senate a quarterly budget report that includes total obligations of the Agency for that quarter for each Federal funds appropriation provided in this Act, by the source year of the appropriation. 819. Section 3 of the District of Columbia College Access Act of 1999 (sec. 38–2702, D.C. Official Code), is amended— (1) in subsection(a)(2)(A), by striking $10,000 $15,000 (2) in subsection (a)(2)(B), by striking $50,000 $75,000 (3) in subsection (b)(1)(A), by striking and (4) in subsection (b)(1), by redesignating subparagraph (B) as subparagraph (C) and inserting after subparagraph (A) the following new subparagraph: (B) after making reductions under subparagraph (A), ratably reduce the amount of the tuition and fee payment of each eligible student who receives more than $10,000 for the award year; and ; and (5) in subparagraph (C) of subsection (b)(1), as so redesignated, by striking subparagraph (A) subparagraphs (A) and (B) 820. Except as expressly provided otherwise, any reference to this Act This Act may be cited as the Financial Services and General Government Appropriations Act, 2024 July 13, 2023 Read twice and placed on the calendar

Financial Services and General Government Appropriations Act, 2024

Emergency Conservation Program Improvement Act of 2023 This bill revises the Emergency Conservation Program and the Emergency Forest Restoration Program to provide agricultural producers and owners of nonindustrial private forest land impacted by natural disasters the option to receive an advance on cost-sharing payments before carrying out emergency measures. The bill also expands eligibility for payments under the programs to include emergency measures to address damages caused by (1) a wildfire that is not caused naturally if the damage is caused by the spread of the wildfire due to natural causes, and (2) a wildfire that is caused by the federal government.

118 S231 IS: Emergency Conservation Program Improvement Act of 2023 U.S. Senate 2023-02-02 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 231 IN THE SENATE OF THE UNITED STATES February 2, 2023 Mrs. Fischer Mr. Luján Committee on Agriculture, Nutrition, and Forestry A BILL To amend the Agricultural Credit Act of 1978 to remove barriers to agricultural producers in accessing funds to carry out emergency measures under the emergency conservation program, and for other purposes. 1. Short title This Act may be cited as the Emergency Conservation Program Improvement Act of 2023 2. Improving the Emergency Conservation Program Section 401 of the Agricultural Credit Act of 1978 ( 16 U.S.C. 2201 (1) in subsection (b)— (A) in the subsection heading, by inserting and other emergency conservation measures fencing (B) in paragraph (1)— (i) by inserting or other emergency measures to replace or restore farmland or conservation structures requiring an immediate response (as determined by the Secretary), replacement of fencing, (ii) by striking option of receiving option of receiving, before the agricultural producer carries out the repair, replacement, or restoration— (A) with respect to a payment to the agricultural producer for a replacement, 75 percent of the cost of the replacement, as determined by the Secretary based on the fair market value of the cost of the replacement using the estimated cost of the applicable practice published in the Field Office Technical Guide of each State by the Natural Resources Conservation Service; and (B) with respect to a payment to the agricultural producer for a repair or restoration, 50 percent of the cost of the repair or restoration, as determined by the Secretary based on the fair market value of the cost of the repair or restoration using the estimated cost of the applicable practice published in the Field Office Technical Guide of each State by the Natural Resources Conservation Service. ; and (2) by adding at the end the following: (c) Wildfire determination A wildfire that causes damage eligible for a payment under subsection (a) includes— (1) a wildfire that is not caused naturally if the damage is caused by the spread of the wildfire due to natural causes; and (2) a wildfire that is caused by the Federal Government. . 3. Improving the Emergency Forest Restoration Program Section 407 of the Agricultural Credit Act of 1978 ( 16 U.S.C. 2206 (1) in subsection (a)(2), by striking wildfires, wildfires (including a wildfire that is not caused naturally if the damage is caused by the spread of the wildfire due to natural causes and a wildfire that is caused by the Federal Government), (2) by redesignating subsection (e) as subsection (f); and (3) by inserting after subsection (d) the following: (e) Advance payments (1) In general The Secretary shall give an owner of nonindustrial private forest land the option of receiving, before the owner carries out emergency measures under this section, not more than 75 percent of the cost of the emergency measures, as determined by the Secretary based on the fair market value of the cost of the emergency measures using the estimated cost of the applicable practice published in the Field Office Technical Guide of each State by the Natural Resources Conservation Service. (2) Return of funds If the funds provided under paragraph (1) are not expended by the end of the 60-day period beginning on the date on which the owner of nonindustrial private forest land receives those funds, the funds shall be returned within a reasonable timeframe, as determined by the Secretary. .

Emergency Conservation Program Improvement Act of 2023

Food Security is National Security Act of 2023 This bill places the Secretary of Agriculture and the Secretary of Health and Human Services on the Committee on Foreign Investment in the United States (CFIUS). Further, the bill requires CFIUS to consider the potential effects of a proposed or pending transaction on the security of the U.S. food and agriculture systems, including any effects on the availability of, access to, or safety and quality of food.

118 S2312 IS: Food Security is National Security Act of 2023 U.S. Senate 2023-07-13 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 2312 IN THE SENATE OF THE UNITED STATES July 13, 2023 Mr. Grassley Ms. Stabenow Ms. Ernst Mr. Tester Committee on Banking, Housing, and Urban Affairs A BILL To amend section 721 of the Defense Production Act of 1950 to include the Secretary of Agriculture and the Secretary of Health and Human Services as members of the Committee on Foreign Investment in the United States and to require the Committee to consider the security of the food and agriculture systems of the United States as a factor to be considered when determining to take action with respect to foreign investment, and for other purposes. 1. Short title This Act may be cited as the Food Security is National Security Act of 2023 2. Consideration of food insecurity in determinations of the Committee on Foreign Investment in the United States Section 721(f) of the Defense Production Act of 1950 ( 50 U.S.C. 4565(f) (1) in paragraph (10), by striking ; and (2) by redesignating paragraph (11) as paragraph (12); and (3) by inserting after paragraph (10) the following: (11) the potential effects of the proposed or pending transaction on the security of the food and agriculture systems of the United States, including any effects on the availability of, access to, or safety and quality of food; and . 3. Inclusion of Secretaries of Agriculture and Health and Human Services on the Committee on Foreign Investment in the United States Section 721(k)(2) of the Defense Production Act of 1950 ( 50 U.S.C. 4565(k)(2) (1) by redesignating subparagraphs (H), (I), and (J) as subparagraphs (J), (K), and (L), respectively; and (2) by inserting after subparagraph (G) the following: (H) The Secretary of Agriculture. (I) The Secretary of Health and Human Services. .

Food Security is National Security Act of 2023

Rings of Fire Act of 2023 This bill requires the Department of Defense to submit a strategy to Congress for deploying ground-based theater-range missiles in the Indo-Pacific region. Among other elements, the strategy must include an assessment of the gaps in conventional theater-range precision strike capabilities in the area of responsibility of the U.S. Indo-Pacific Command. The strategy may be submitted in classified form but must include an unclassified summary.

118 S2318 IS: Rings of Fire Act of 2023 U.S. Senate 2023-07-13 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 2318 IN THE SENATE OF THE UNITED STATES July 13, 2023 Ms. Ernst Committee on Armed Services A BILL To develop a strategy for deploying ground-based theater-range missiles in the Indo-Pacific region, and for other purposes. 1. Short title This Act may be cited as the Rings of Fire Act of 2023 2. Indo-Pacific missile strategy (a) Findings Congress makes the following findings: (1) The 2022 National Defense Strategy states: The [People’s Republic of China (PRC)] has expanded and modernized nearly every aspect of the [People’s Liberation Army (PLA)], with a focus on offsetting U.S. military advantages. The PRC is therefore the pacing challenge for the Department. (2) The 2020 report of the Department of Defense entitled Annual Report to Congress Involving the People’s Republic of China (A) [t]he PRC has more than 1,250 ground-launched ballistic missiles (GLBMs) and ground-launched cruise missiles (GLCMs) with ranges between 500 and 5,500 kilometers. The United States currently fields one type of conventional GLBM with a range of 70 to 300 kilometers and no GLCMs. (B) [i]n 2021, the [People's Liberation Army Rocket Force] launched approximately 135 ballistic missiles for testing and training. This was more than the rest of the world combined excluding ballistic missile employment in conflict zones. (3) In 2019, the United States withdrew from the Intermediate-Range Nuclear Forces Treaty, which eliminated ground-launched ballistic and cruise missiles with a range capability between 500 and 5,500 kilometers and their associated launchers, due to the Russian Federation’s continuing violation of the treaty. (4) The United States does not deploy or develop ground-based intermediate-range missiles. (5) In September 2021, the United States entered a security partnership with the United Kingdom and Australia (commonly known as AUKUS commence new trilateral cooperation on hypersonic technologies, counter-hypersonic defense systems, and electronic warfare capabilities, as well as to deepen cooperation … on defense innovation. (b) Sense of Congress It is the sense of Congress that— (1) United States conventional ground-based theater-range missile systems in the Indo-Pacific region provide operational and strategy utility in— (A) availability of persistent, prompt, and survivable strike options; (B) deterrence of enemy attack or escalation; (C) imposition of operational costs on enemy forces; (D) responsive strikes against time-critical enemy targets; and (E) destruction of high-value targets to enable other joint forces; and (2) an Indo-Pacific Missile Strategy should— (A) provide coherent direction to concept and capability development, including procurement, deployment, and employment; (B) distribute integrated capabilities at operationally relevant ranges; (C) coordinate and differentiate strike missions among United States military services and its allies; and (D) pursue co-development and co-production of capabilities with partners, including through existing institutional mechanisms. (c) Strategy (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 (as defined in section 101 of title 10, United States Code) a strategy for deploying ground-based theater-range missile in the Indo-Pacific region. (2) Elements The strategy required by paragraph (1) shall include the following: (A) An assessment of gaps in conventional theater-range precision strike capabilities in the area of responsibility of the United States Indo-Pacific Command. (B) An identification of military requirements for conventional ground-based theater-range missile systems, including range, propulsion, payload, launch platform, weapon effects, and other operationally relevant factors. (C) An identification of prospective basing locations in the area of responsibility of the United States Indo-Pacific Command. (D) A description of operational concepts for employment, including integration with short-range and multi-domain fires, in denial operations in the Western Pacific. (E) An identification of prospective allies and institutional mechanisms for co-development of new theater-range conventional missiles. (F) An assessment of the cost, schedule, and feasibility of ground-based theater-range missiles programs, including any potential cost-sharing structure through existing institutional mechanisms. (G) The designation of a theater component commander responsible for theater missile strategy. (3) Form The strategy required by paragraph (1) may be submitted in classified form but shall include an unclassified summary. (d) Definitions In this section: (1) Ground-Based Theater-Range Missile The term ground-based theater-range missile (2) Intermediate-range With respect to a missile system, the term intermediate-range

Rings of Fire Act of 2023

Commerce, Justice, Science, and Related Agencies Appropriations Act, 2024 This bill provides FY2024 appropriations to the Department of Commerce, the Department of Justice (DOJ), the science agencies, and several related agencies. The bill provides appropriations to the Department of Commerce for the International Trade Administration, the Bureau of Industry and Security, the Economic Development Administration, the Minority Business Development Agency, Economic and Statistical Analysis, the Bureau of the Census, the National Telecommunications and Information Administration, the U.S. Patent and Trademark Office, the National Institute of Standards and Technology, the National Oceanic and Atmospheric Administration, and Departmental Management. The bill provides appropriations to DOJ for Justice Operations, Management, and Accountability; the Executive Office for Immigration Review; the Office of Inspector General; the U.S. Parole Commission; Legal Activities; the U.S. Marshals Service; the National Security Division; Interagency Law Enforcement; the Federal Bureau of Investigation; the Drug Enforcement Administration; the Bureau of Alcohol, Tobacco, Firearms and Explosives; and the Federal Prison System. The bill also provides appropriations to DOJ for state and local law enforcement activities, including the Office on Violence Against Women, the Office of Justice Programs, and Community Oriented Policing Services (COPS). The bill provides appropriations for science agencies, including the Office of Science and Technology Policy, the National Space Council, National Aeronautics and Space Administration (NASA), and the National Science Foundation. The bill provides appropriations to related agencies, including the Commission on Civil Rights, the Equal Employment Opportunity Commission, the U.S. International Trade Commission, the Legal Services Corporation, the Marine Mammal Commission, the Office of the U.S. Trade Representative, and the State Justice Institute. The bill also sets forth requirements and restrictions for using funds provided by this and other appropriations acts.

118 S2321 RS: Commerce, Justice, Science, and Related Agencies Appropriations Act, 2024 U.S. Senate 2023-07-13 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II Calendar No. 132 118th CONGRESS 1st Session S. 2321 [Report No. 118–62] IN THE SENATE OF THE UNITED STATES July 13, 2023 Mrs. Shaheen Committee on Appropriations A BILL Making appropriations for the Departments of Commerce and Justice, Science, and Related Agencies for the fiscal year ending September 30, 2024, and for other purposes. That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the Departments of Commerce and Justice, Science, and Related Agencies for the fiscal year ending September 30, 2024, and for other purposes, namely: I DEPARTMENT OF COMMERCE International trade administration OPERATIONS AND ADMINISTRATION For necessary expenses for international trade activities of the Department of Commerce provided for by law, to carry out activities associated with facilitating, attracting, and retaining business investment in the United States, to carry out activities associated with title VI of division BB of the Consolidated Appropriations Act, 2023 ( Public Law 117–328 Provided, Provided further, Provided further, 22 U.S.C. 2455(f) Provided further, Provided further, Bureau of industry and security OPERATIONS AND ADMINISTRATION For necessary expenses for export administration and national security activities of the Department of Commerce, including costs associated with the performance of export administration field activities both domestically and abroad; full medical coverage for dependent members of immediate families of employees stationed overseas; employment of citizens of the United States and aliens by contract for services abroad; payment of tort claims, in the manner authorized in the first paragraph of section 2672 of title 28, United States Code, when such claims arise in foreign countries; not to exceed $13,500 for official representation expenses abroad; awards of compensation to informers under the Export Control Reform Act of 2018 (subtitle B of title XVII of the John S. McCain National Defense Authorization Act for Fiscal Year 2019; Public Law 115–232 50 U.S.C. 4801 et seq. 22 U.S.C. 401(b) Provided, 22 U.S.C. 2455(f) Provided further, Economic development administration ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS For grants for economic development assistance as provided by the Public Works and Economic Development Act of 1965, for trade adjustment assistance, and for grants authorized by sections 27, 28, and 30 of the Stevenson-Wydler Technology Innovation Act of 1980 ( 15 U.S.C. 3722 Provided, Provided further SALARIES AND EXPENSES For necessary expenses of administering the economic development assistance programs as provided for by law, $70,000,000: Provided, 15 U.S.C. 3722–3723 Minority business development agency MINORITY BUSINESS DEVELOPMENT For necessary expenses of the Minority Business Development Agency in fostering, promoting, and developing minority business enterprises, as authorized by law, $70,000,000. Economic and statistical analysis SALARIES AND EXPENSES For necessary expenses, as authorized by law, of economic and statistical analysis programs of the Department of Commerce, $130,000,000, to remain available until September 30, 2025. Bureau of the census CURRENT SURVEYS AND PROGRAMS For necessary expenses for collecting, compiling, analyzing, preparing, and publishing statistics, provided for by law, $346,000,000: Provided, PERIODIC CENSUSES AND PROGRAMS For necessary expenses for collecting, compiling, analyzing, preparing, and publishing statistics for periodic censuses and programs provided for by law, $1,155,000,000, to remain available until September 30, 2025: Provided, National telecommunications and information administration SALARIES AND EXPENSES For necessary expenses, as provided for by law, of the National Telecommunications and Information Administration (NTIA), $60,000,000, to remain available until September 30, 2025: Provided, 31 U.S.C. 1535(d) Provided further, PUBLIC TELECOMMUNICATIONS FACILITIES, PLANNING AND CONSTRUCTION For the administration of prior-year grants, recoveries and unobligated balances of funds previously appropriated are available for the administration of all open grants until their expiration. FACILITIES MANAGEMENT AND CONSTRUCTION For necessary expenses for the design, construction, alteration, improvement, maintenance, and repair of buildings and facilities managed by the National Telecommunications and Information Administration, not otherwise provided for, $2,000,000, to remain available until expended. United states patent and trademark office SALARIES AND EXPENSES (INCLUDING TRANSFERS OF FUNDS) For necessary expenses of the United States Patent and Trademark Office (USPTO) provided for by law, including defense of suits instituted against the Under Secretary of Commerce for Intellectual Property and Director of the USPTO, $4,195,799,000, to remain available until expended: Provided, Provided further, Provided further, Provided further, Provided further, Salaries and Expenses Provided further, Provided further, Provided further, Salaries and Expenses Provided further, Provided further, Public Law 112–29 Provided further, Office of Inspector General National institute of standards and technology SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES (INCLUDING TRANSFER OF FUNDS) For necessary expenses of the National Institute of Standards and Technology (NIST), $1,021,263,000, to remain available until expended, of which not to exceed $9,000,000 may be transferred to the Working Capital Fund Provided, NIST External Projects Provided further, Provided further, Provided further, INDUSTRIAL TECHNOLOGY SERVICES For necessary expenses for industrial technology services, $212,000,000, to remain available until expended, of which $175,000,000 shall be for the Hollings Manufacturing Extension Partnership, and of which $37,000,000 shall be for the Manufacturing USA Program. CONSTRUCTION OF RESEARCH FACILITIES For construction of new research facilities, including architectural and engineering design, and for renovation and maintenance of existing facilities, not otherwise provided for the National Institute of Standards and Technology, as authorized by sections 13 through 15 of the National Institute of Standards and Technology Act ( 15 U.S.C. 278c–278e Provided, Provided further NIST Extramural Construction Provided further, Provided further, Provided further, National oceanic and atmospheric administration OPERATIONS, RESEARCH, AND FACILITIES (INCLUDING TRANSFER OF FUNDS) For necessary expenses of activities authorized by law for the National Oceanic and Atmospheric Administration, including maintenance, operation, and hire of aircraft and vessels; pilot programs for State-led fisheries management, notwithstanding any other provision of law; grants, contracts, or other payments to nonprofit organizations for the purposes of conducting activities pursuant to cooperative agreements; and relocation of facilities, $4,528,430,000, to remain available until September 30, 2025: Provided, Provided further Provided further, Promote and Develop Fishery Products and Research Pertaining to American Fisheries Provided further, Department of Commerce Working Capital Fund Provided further, Provided further, NOAA Special Projects Provided further, Provided further, Provided further, PROCUREMENT, ACQUISITION AND CONSTRUCTION For procurement, acquisition and construction of capital assets, including alteration and modification costs, of the National Oceanic and Atmospheric Administration, $1,927,296,000, to remain available until September 30, 2026, except that funds provided for acquisition and construction of vessels and aircraft, and construction of facilities shall remain available until expended: Provided, Provided further Provided further, Provided further, PACIFIC COASTAL SALMON RECOVERY For necessary expenses associated with the restoration of Pacific salmon populations, $65,000,000, to remain available until September 30, 2025: Provided, Provided further, Provided further, FISHERIES DISASTER ASSISTANCE For necessary expenses of administering the fishery disaster assistance programs authorized by the Magnuson-Stevens Fishery Conservation and Management Act ( Public Law 94–265 Public Law 99–659 FISHERMEN'S CONTINGENCY FUND For carrying out the provisions of title IV of Public Law 95–372 FISHERIES FINANCE PROGRAM ACCOUNT Subject to section 502 of the Congressional Budget Act of 1974, during fiscal year 2024, obligations of direct loans may not exceed $24,000,000 for Individual Fishing Quota loans and not to exceed $150,000,000 for traditional direct loans as authorized by the Merchant Marine Act of 1936. Departmental management SALARIES AND EXPENSES For necessary expenses for the management of the Department of Commerce provided for by law, including not to exceed $4,500 for official reception and representation, $95,000,000: Provided, Provided further, RENOVATION AND MODERNIZATION For necessary expenses for the renovation and modernization of the Herbert C. Hoover Building, $1,142,000. OFFICE OF INSPECTOR GENERAL For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978 (5 U.S.C. App.), $48,000,000. General provisions—Department of commerce (INCLUDING TRANSFER OF FUNDS) 101. During the current fiscal year, applicable appropriations and funds made available to the Department of Commerce by this Act shall be available for the activities specified in the Act of October 26, 1949 ( 15 U.S.C. 1514 31 U.S.C. 3324 102. During the current fiscal year, appropriations made available to the Department of Commerce by this Act for salaries and expenses shall be available for hire of passenger motor vehicles as authorized by 31 U.S.C. 1343 and 1344; services as authorized by 5 U.S.C. 3109 5 U.S.C. 5901–5902 103. Not to exceed 5 percent of any appropriation made available for the current fiscal year for the Department of Commerce in this Act may be transferred between such appropriations, but no such appropriation shall be increased by more than 10 percent by any such transfers: Provided, Provided further, 104. The requirements set forth by section 105 of the Commerce, Justice, Science, and Related Agencies Appropriations Act, 2012 ( Public Law 112–55 Public Law 113–6 Provided, 105. Notwithstanding any other provision of law, the Secretary of Commerce may furnish services (including but not limited to utilities, telecommunications, and security services) necessary to support the operation, maintenance, and improvement of space that persons, firms, or organizations are authorized, pursuant to the Public Buildings Cooperative Use Act of 1976 or other authority, to use or occupy in the Herbert C. Hoover Building, Washington, DC, or other buildings, the maintenance, operation, and protection of which has been delegated to the Secretary from the Administrator of General Services pursuant to the Federal Property and Administrative Services Act of 1949 on a reimbursable or non-reimbursable basis. Amounts received as reimbursement for services provided under this section or the authority under which the use or occupancy of the space is authorized, up to $200,000, shall be credited to the appropriation or fund which initially bears the costs of such services. 106. Nothing in this title shall be construed to prevent a grant recipient from deterring child pornography, copyright infringement, or any other unlawful activity over its networks. 107. The Administrator of the National Oceanic and Atmospheric Administration is authorized to use, with their consent, with reimbursement and subject to the limits of available appropriations, the land, services, equipment, personnel, and facilities of any department, agency, or instrumentality of the United States, or of any State, local government, Indian Tribal government, Territory, or possession, or of any political subdivision thereof, or of any foreign government or international organization, for purposes related to carrying out the responsibilities of any statute administered by the National Oceanic and Atmospheric Administration. 108. The National Technical Information Service shall not charge any customer for a copy of any report or document generated by the Legislative Branch unless the Service has provided information to the customer on how an electronic copy of such report or document may be accessed and downloaded for free online. Should a customer still require the Service to provide a printed or digital copy of the report or document, the charge shall be limited to recovering the Service's cost of processing, reproducing, and delivering such report or document. 109. To carry out the responsibilities of the National Oceanic and Atmospheric Administration (NOAA), the Administrator of NOAA is authorized to: (1) enter into grants and cooperative agreements with; (2) use on a non-reimbursable basis land, services, equipment, personnel, and facilities provided by; and (3) receive and expend funds made available on a consensual basis from: a Federal agency, State or subdivision thereof, local government, Tribal government, Territory, or possession or any subdivisions thereof: Provided, National Oceanic and Atmospheric Administration—Operations, Research, and Facilities Provided further, 110. Amounts provided by this Act or by any prior appropriations Act that remain available for obligation, for necessary expenses of the programs of the Economics and Statistics Administration of the Department of Commerce, including amounts provided for programs of the Bureau of Economic Analysis and the Bureau of the Census, shall be available for expenses of cooperative agreements with appropriate entities, including any Federal, State, or local governmental unit, or institution of higher education, to aid and promote statistical, research, and methodology activities which further the purposes for which such amounts have been made available. 111. Amounts provided by this Act for the Hollings Manufacturing Extension Partnership under the heading National Institute of Standards and Technology—Industrial Technology Services 15 U.S.C. 278k(e)(2) Provided, 112. The Secretary of Commerce, or the designee of the Secretary, may waive— (1) in whole or in part, the matching requirements under sections 306 and 306A, and the cost sharing requirements under section 315, of the Coastal Zone Management Act of 1972 ( 16 U.S.C. 1455 Operations, Research, and Facilities National Oceanic and Atmospheric Administration (2) up to 50 percent of the matching requirements under sections 306 and 306A, and the cost sharing requirements under section 315, of the Coastal Zone Management Act of 1972 ( 16 U.S.C. 1455 Procurement, Acquisition and Construction National Oceanic and Atmospheric Administration 113. There is hereby established in the Treasury of the United States a fund to be known as the Recreational Quota Entity Fund Public Law 117–328 Provided, Provided further, 114. Any unobligated balances of expired discretionary funds transferred to the Department of Commerce Nonrecurring Expenses Fund, as authorized by section 111 of title I of division B of Public Law 116–93 115. The Under Secretary of Commerce for Oceans and Atmosphere is authorized to designate one or more Cooperative Aviation Centers for the purposes of recruiting aviators for the NOAA commissioned officer corps from institutions that provide a four-year baccalaureate program of professional flight and piloting instruction that is accredited by the Aviation Accreditation Board International: Provided, 116. The Administrator of the National Oceanic and Atmospheric Administration may accept payments from a non-Federal party during fiscal year 2024 for the purpose of altering or replacing fencing, and related activities, for the Administration’s port facility in Ketchikan, Alaska. Amounts accepted under this section may be credited to the appropriation account otherwise available for such purpose and shall remain available until expended. This title may be cited as the Department of Commerce Appropriations Act, 2024 II DEPARTMENT OF JUSTICE Justice Operations, Management, and Accountability SALARIES AND EXPENSES For expenses necessary for the operations, management, and accountability of the Department of Justice, $140,000,000, of which $4,000,000 shall remain available until September 30, 2025, and of which not to exceed $4,000,000 for security and construction of Department of Justice facilities shall remain available until expended: Provided, General Administration Justice Operations, Management, and Accountability JUSTICE INFORMATION SHARING TECHNOLOGY (INCLUDING TRANSFER OF FUNDS) For necessary expenses for information sharing technology, including planning, development, deployment and departmental direction, $50,000,000, to remain available until expended: Provided, Provided further, Provided further, Executive office for immigration review (INCLUDING TRANSFER OF FUNDS) For expenses necessary for the administration of immigration-related activities of the Executive Office for Immigration Review, $869,000,000, of which $4,000,000 shall be derived by transfer from the Executive Office for Immigration Review fees deposited in the Immigration Examinations Fee Office of inspector general For necessary expenses of the Office of Inspector General, $142,000,000, including not to exceed $10,000 to meet unforeseen emergencies of a confidential character: Provided, United states parole commission SALARIES AND EXPENSES For necessary expenses of the United States Parole Commission as authorized, $15,000,000: Provided, Legal activities SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES (INCLUDING TRANSFER OF FUNDS) For expenses necessary for the legal activities of the Department of Justice, not otherwise provided for, including not to exceed $20,000 for expenses of collecting evidence, to be expended under the direction of, and to be accounted for solely under the certificate of, the Attorney General; the administration of pardon and clemency petitions; and rent of private or Government-owned space in the District of Columbia, $1,157,300,000, of which not to exceed $50,000,000 for litigation support contracts and information technology projects, including cybersecurity and hardening of critical networks, shall remain available until expended: Provided, Provided further, Provided further, Provided further, Salaries and Expenses, General Legal Activities Provided further, Provided further, 52 U.S.C. 10305 Provided further, Provided further, 52 U.S.C. 10305 Provided further, In addition, for reimbursement of expenses of the Department of Justice associated with processing cases under the National Childhood Vaccine Injury Act of 1986, $22,700,000, to be appropriated from the Vaccine Injury Compensation Trust Fund and to remain available until expended. SALARIES AND EXPENSES, ANTITRUST DIVISION For expenses necessary for the enforcement of antitrust and kindred laws, $278,000,000, to remain available until expended, of which not to exceed $5,000 shall be available for official reception and representation expenses: Provided, 15 U.S.C. 18a Provided further, Provided further, Provided further, Provided further, Justice Operations, Management, and Accountability Provided further, SALARIES AND EXPENSES, UNITED STATES ATTORNEYS For necessary expenses of the Offices of the United States Attorneys, including inter-governmental and cooperative agreements, $2,670,000,000: Provided, Provided further, Provided further, UNITED STATES TRUSTEE SYSTEM FUND For necessary expenses of the United States Trustee Program, as authorized, $257,000,000, to remain available until expended: Provided, Provided further, Provided further, Provided further, SALARIES AND EXPENSES, FOREIGN CLAIMS SETTLEMENT COMMISSION For expenses necessary to carry out the activities of the Foreign Claims Settlement Commission, including services as authorized by section 3109 of title 5, United States Code, $2,600,000. FEES AND EXPENSES OF WITNESSES For fees and expenses of witnesses, for expenses of contracts for the procurement and supervision of expert witnesses, for private counsel expenses, including advances, and for expenses of foreign counsel, $270,000,000, to remain available until expended, of which not to exceed $16,000,000 is for construction of buildings for protected witness safesites; not to exceed $3,000,000 is for the purchase and maintenance of armored and other vehicles for witness security caravans; and not to exceed $35,000,000 is for the purchase, installation, maintenance, and upgrade of secure telecommunications equipment and a secure automated information network to store and retrieve the identities and locations of protected witnesses: Provided, SALARIES AND EXPENSES, COMMUNITY RELATIONS SERVICE (INCLUDING TRANSFER OF FUNDS) For necessary expenses of the Community Relations Service, $25,500,000: Provided, Provided further, ASSETS FORFEITURE FUND For expenses authorized by subparagraphs (B), (F), and (G) of section 524(c)(1) of title 28, United States Code, $20,514,000, to be derived from the Department of Justice Assets Forfeiture Fund. United states marshals service SALARIES AND EXPENSES For necessary expenses of the United States Marshals Service, $1,724,000,000, of which not to exceed $20,000 shall be available for official reception and representation expenses, and not to exceed $25,000,000 shall remain available until expended: Provided, CONSTRUCTION For construction in space that is controlled, occupied, or utilized by the United States Marshals Service for prisoner holding and related support, $18,000,000, to remain available until expended. FEDERAL PRISONER DETENTION For necessary expenses related to United States prisoners in the custody of the United States Marshals Service as authorized by section 4013 of title 18, United States Code, $2,100,000,000, to remain available until expended: Provided, Provided further funds appropriated for State and local law enforcement assistance Provided further, National security division SALARIES AND EXPENSES (INCLUDING TRANSFER OF FUNDS) For expenses necessary to carry out the activities of the National Security Division, $135,000,000, of which not to exceed $5,000,000 for information technology systems shall remain available until expended: Provided, Provided further, Interagency law enforcement Organized crime drug enforcement task forces For necessary expenses for the identification, investigation, and prosecution of individuals associated with the most significant drug trafficking organizations, transnational organized crime, and money laundering organizations not otherwise provided for, to include inter-governmental agreements with State and local law enforcement agencies engaged in the investigation and prosecution of individuals involved in transnational organized crime and drug trafficking, $550,458,000, of which $50,000,000 shall remain available until expended: Provided, Federal bureau of investigation SALARIES AND EXPENSES For necessary expenses of the Federal Bureau of Investigation for detection, investigation, and prosecution of crimes against the United States, $10,825,000,000, of which not to exceed $216,900,000 shall remain available until expended: Provided, revised nonsecurity category Public Law 99–177 Provided further, CONSTRUCTION For necessary expenses, to include the cost of equipment, furniture, and information technology requirements, related to construction or acquisition of buildings, facilities, and sites by purchase, or as otherwise authorized by law; conversion, modification, and extension of federally owned buildings; preliminary planning and design of projects; and operation and maintenance of secure work environment facilities and secure networking capabilities; $60,000,000, to remain available until expended. Drug enforcement administration SALARIES AND EXPENSES For necessary expenses of the Drug Enforcement Administration, including not to exceed $70,000 to meet unforeseen emergencies of a confidential character pursuant to section 530C of title 28, United States Code; and expenses for conducting drug education and training programs, including travel and related expenses for participants in such programs and the distribution of items of token value that promote the goals of such programs, $2,589,000,000, of which not to exceed $75,000,000 shall remain available until expended and not to exceed $90,000 shall be available for official reception and representation expenses: Provided, Provided further Public Law 106–310 Bureau of alcohol, tobacco, firearms and explosives SALARIES AND EXPENSES For necessary expenses of the Bureau of Alcohol, Tobacco, Firearms and Explosives, for training of State and local law enforcement agencies with or without reimbursement, including training in connection with the training and acquisition of canines for explosives and fire accelerants detection; and for provision of laboratory assistance to State and local law enforcement agencies, with or without reimbursement, $1,689,000,000, of which not to exceed $36,000 shall be for official reception and representation expenses, not to exceed $1,000,000 shall be available for the payment of attorneys' fees as provided by section 924(d)(2) of title 18, United States Code, and not to exceed $25,000,000 shall remain available until expended: Provided, Provided further Provided further, Provided further, Federal prison system SALARIES AND EXPENSES (INCLUDING TRANSFER OF FUNDS) For necessary expenses of the Federal Prison System for the administration, operation, and maintenance of Federal penal and correctional institutions, and for the provision of technical assistance and advice on corrections related issues to foreign governments, $8,477,000,000: Provided, Public Law 115–391 Research, Evaluation and Statistics Provided further, Provided further, Provided further, Provided further, Provided further, Provided further, BUILDINGS AND FACILITIES For planning, acquisition of sites, and construction of new facilities; purchase and acquisition of facilities and remodeling, and equipping of such facilities for penal and correctional use, including all necessary expenses incident thereto, by contract or force account; and constructing, remodeling, and equipping necessary buildings and facilities at existing penal and correctional institutions, including all necessary expenses incident thereto, by contract or force account, $209,000,000, to remain available until expended , of which $30,000,000 shall be available only for costs related to construction of new facilities: Provided Provided further, FEDERAL PRISON INDUSTRIES, INCORPORATED The Federal Prison Industries, Incorporated, is hereby authorized to make such expenditures within the limits of funds and borrowing authority available, and in accord with the law, and to make such contracts and commitments without regard to fiscal year limitations as provided by section 9104 of title 31, United States Code, as may be necessary in carrying out the program set forth in the budget for the current fiscal year for such corporation. LIMITATION ON ADMINISTRATIVE EXPENSES, FEDERAL PRISON INDUSTRIES, INCORPORATED Not to exceed $2,700,000 of the funds of the Federal Prison Industries, Incorporated, shall be available for its administrative expenses, and for services as authorized by section 3109 of title 5, United States Code, to be computed on an accrual basis to be determined in accordance with the corporation’s current prescribed accounting system, and such amounts shall be exclusive of depreciation, payment of claims, and expenditures which such accounting system requires to be capitalized or charged to cost of commodities acquired or produced, including selling and shipping expenses, and expenses in connection with acquisition, construction, operation, maintenance, improvement, protection, or disposition of facilities and other property belonging to the corporation or in which it has an interest. State and local law enforcement activities Office on violence against women VIOLENCE AGAINST WOMEN PREVENTION AND PROSECUTION PROGRAMS (INCLUDING TRANSFER OF FUNDS) For grants, contracts, cooperative agreements, and other assistance for the prevention and prosecution of violence against women, as authorized by the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10101 et seq. the 1968 Act Indian Civil Rights Act of 1968 Public Law 90–284 the Indian Civil Rights Act Public Law 103–322 the 1994 Act Public Law 101–647 the 1990 Act Public Law 108–21 34 U.S.C. 11101 et seq. the 1974 Act Public Law 106–386 the 2000 Act Public Law 108–405 the 2004 Act Public Law 109–162 the 2005 Act Public Law 113–4 the 2013 Act Public Law 114–22 the 2015 Act Public Law 115–392 Public Law 117–103 the 2022 Act Provided, Provided further, (1) $255,000,000 is for grants to combat violence against women, as authorized by part T of the 1968 Act, and any applicable increases for the amount of such grants, as authorized by section 5903 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023: Provided, (2) $51,000,000 is for transitional housing assistance grants for victims of domestic violence, dating violence, stalking, or sexual assault as authorized by section 40299 of the 1994 Act; (3) $2,500,000 is for the National Institute of Justice and the Bureau of Justice Statistics for research, evaluation, and statistics of violence against women and related issues addressed by grant programs of the Office on Violence Against Women, which shall be transferred to Research, Evaluation and Statistics (4) $17,000,000 is for a grant program to provide services to advocate for and respond to youth victims of domestic violence, dating violence, sexual assault, and stalking; assistance to children and youth exposed to such violence; and assistance to middle and high school students through education and other services related to such violence, of which $3,500,000 is to engage men and youth in preventing domestic violence, dating violence, sexual assault, and stalking: Provided, Provided further, Provided further, (5) $60,500,000 is for grants to improve the criminal justice response as authorized by part U of title I of the 1968 Act, of which up to $4,000,000 is for a homicide reduction initiative; and up to $4,000,000 is for a domestic violence lethality reduction initiative; (6) $80,000,000 is for sexual assault victims assistance, as authorized by section 41601 of the 1994 Act; (7) $51,000,000 is for rural domestic violence and child abuse enforcement assistance grants, as authorized by section 40295 of the 1994 Act; (8) $25,000,000 is for grants to reduce violent crimes against women on campus, as authorized by section 304 of the 2005 Act, of which $12,500,000 is for grants to Historically Black Colleges and Universities, Hispanic-Serving Institutions, and Tribal colleges and universities; (9) $56,000,000 is for legal assistance for victims, as authorized by section 1201 of the 2000 Act; (10) $9,000,000 is for enhanced training and services to end violence against and abuse of women in later life, as authorized by section 40801 of the 1994 Act; (11) $22,000,000 is for grants to support families in the justice system, as authorized by section 1301 of the 2000 Act: Provided, (12) $12,000,000 is for education and training to end violence against and abuse of women with disabilities, as authorized by section 1402 of the 2000 Act; (13) $1,000,000 is for the National Resource Center on Workplace Responses to assist victims of domestic violence, as authorized by section 41501 of the 1994 Act; (14) $1,000,000 is for analysis and research on violence against Indian women, including as authorized by section 904 of the 2005 Act: Provided Research, Evaluation and Statistics (15) $500,000 is for a national clearinghouse that provides training and technical assistance on issues relating to sexual assault of American Indian and Alaska Native women; (16) $15,000,000 is for programs to assist Tribal Governments in exercising special Tribal criminal jurisdiction, as authorized by section 204 of the Indian Civil Rights Act: Provided, (17) $1,500,000 is for the purposes authorized under the 2015 Act; (18) $15,000,000 is for a grant program to support restorative justice responses to domestic violence, dating violence, sexual assault, and stalking, including evaluations of those responses: Provided, (19) $11,000,000 is for culturally specific services for victims, as authorized by section 121 of the 2005 Act; (20) $3,000,000 is for an initiative to support cross-designation of tribal prosecutors as Tribal Special Assistant United States Attorneys: Provided (21) $1,000,000 is for an initiative to support victims of domestic violence, dating violence, sexual assault, and stalking, including through the provision of technical assistance, as authorized by section 206 of the 2022 Act: Provided, (22) $2,000,000 is for a National Deaf Services Line to provide remote services to Deaf victims of domestic violence, dating violence, sexual assault, and stalking: Provided (23) $5,000,000 is for grants for outreach and services to underserved populations, as authorized by section 120 of the 2005 Act; (24) $4,000,000 is for an initiative to provide financial assistance to victims, including evaluation of the effectiveness of funded projects: Provided (25) $5,000,000 is for trauma-informed, victim-centered training for law enforcement, and related research and evaluation activities, as authorized by section 41701 of the 1994 Act; (26) $20,000,000 is for grants to support access to sexual assault nurse examinations, as authorized by section 304 of title III of the 2004 Act: Provided (27) $6,000,000 is for local law enforcement grants for prevention, enforcement, and prosecution of cybercrimes against individuals, as authorized by section 1401 of the 2022 Act, and for a National Resource Center on Cybercrimes Against Individuals, as authorized by section 1402 of the 2022 Act: Provided Office of justice programs RESEARCH, EVALUATION AND STATISTICS For grants, contracts, cooperative agreements, and other assistance authorized by title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( the 1968 Act Public Law 103–322 the 1994 Act the 1974 Act 34 U.S.C. 11291 et seq. Public Law 108–21 the PROTECT Act Public Law 108–405 Public Law 109–162 the 2005 Act Public Law 101–647 Public Law 110–199 Public Law 98–473 Public Law 109–248 the Adam Walsh Act Public Law 110–401 Public Law 107–296 the 2002 Act Public Law 108–79 PREA Public Law 110–180 Public Law 113–4 the 2013 Act Public Law 114–198 Public Law 115–391 (1) $42,500,000 is for criminal justice statistics programs, and other activities, as authorized by part C of title I of the 1968 Act, and for civil justice statistics programs; and (2) $35,500,000 is for research, development, and evaluation programs, and other activities as authorized by part B of title I of the 1968 Act and subtitle C of title II of the 2002 Act, and for activities authorized by or consistent with the First Step Act of 2018, of which $1,500,000 is for research on multidisciplinary teams. STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE (INCLUDING TRANSFER OF FUNDS) For grants, contracts, cooperative agreements, and other assistance authorized by the Violent Crime Control and Law Enforcement Act of 1994 ( Public Law 103–322 the 1994 Act Public Law 90–351 the 1968 Act Public Law 108–405 Public Law 101–647 the 1990 Act Public Law 109–164 the TVPRA of 2005 Public Law 109–162 the 2005 Act Public Law 109–248 the Adam Walsh Act Public Law 106–386 the Victims of Trafficking Act Public Law 110–180 Public Law 107–296 the 2002 Act Public Law 108–79 PREA Public Law 110–199 Public Law 110–403 Public Law 98–473 Public Law 110–416 Public Law 113–4 the 2013 Act Public Law 114–198 CARA Public Law 114–324 Public Law 115–141 Kevin and Avonte’s Law Public Law 115–141 the Keep Young Athletes Safe Act Public Law 115–141 the STOP School Violence Act Public Law 115–141 Public Law 115–185 Public Law 115–271 Public Law 115–391 Public Law 111–84 Public Law 115–401 Public Law 116–277 34 U.S.C. 30507 Public Law 117–103 the 2022 Act (1) $799,139,000 for the Edward Byrne Memorial Justice Assistance Grant program as authorized by subpart 1 of part E of title I of the 1968 Act (except that section 1001(c), and the special rules for Puerto Rico under section 505(g), of title I of the 1968 Act shall not apply for purposes of this Act), of which, notwithstanding such subpart 1— (A) $13,000,000 is for an Officer Robert Wilson III memorial initiative on Preventing Violence Against Law Enforcement and Ensuring Officer Resilience and Survivability (VALOR); (B) $5,000,000 is for the operation, maintenance, and expansion of the National Missing and Unidentified Persons System; (C) $10,000,000 is for a grant program for State and local law enforcement to provide officer training on responding to individuals with mental illness or disabilities, including for purposes described in the Law Enforcement De-Escalation Training Act of 2022 ( Public Law 117–325 (D) $6,000,000 is for a student loan repayment assistance program pursuant to section 952 of Public Law 110–315 (E) $15,500,000 is for prison rape prevention and prosecution grants to States and units of local government, and other programs, as authorized by PREA; (F) $3,000,000 is for the Missing Americans Alert Program (title XXIV of the 1994 Act), as amended by Kevin and Avonte's Law; (G) $20,000,000 is for grants authorized under the Project Safe Neighborhoods Grant Authorization Act of 2018 ( Public Law 115–185 (H) $14,000,000 is for the Capital Litigation Improvement Grant Program, as authorized by section 426 of Public Law 108–405 (I) $3,000,000 is for a national center on restorative justice; (J) $1,000,000 is for the purposes of the Ashanti Alert Communications Network as authorized under the Ashanti Alert Act of 2018 ( Public Law 115–401 (K) $4,000,000 is for a grant program to replicate and support family-based alternative sentencing programs; (L) $2,000,000 is for a grant program to support child advocacy training in post-secondary education; (M) $8,000,000 is for a rural violent crime initiative, including assistance for law enforcement; (N) $7,000,000 is for grants authorized under the Missing Persons and Unidentified Remains Act of 2019 ( Public Law 116–277 (O) $2,500,000 is for grants to accredited institutions of higher education to support forensic ballistics programs; (P) $5,000,000 is for the purposes authorized under section 1506 of the 2022 Act; (Q) $100,000,000 is for grants for law enforcement activities associated with the presidential nominating conventions; and (R) $159,139,000 is for discretionary grants to improve the functioning of the criminal justice system, to prevent or combat juvenile delinquency, and to assist victims of crime (other than compensation), which shall be used for the projects, and in the amounts, specified in the table titled Byrne Discretionary Grants Provided (2) $97,000,000 for victim services programs for victims of trafficking, as authorized by section 107(b)(2) of the Victims of Trafficking Act, by the TVPRA of 2005, or by the 2013 Act, and related activities such as investigations and prosecutions; (3) $10,000,000 for a grant program to prevent and address economic, high technology, white collar, and Internet crime, including as authorized by section 401 of Public Law 110–403 (4) $20,000,000 for sex offender management assistance, as authorized by the Adam Walsh Act, and related activities; (5) $30,000,000 for the Patrick Leahy Bulletproof Vest Partnership Grant Program, as authorized by section 2501 of title I of the 1968 Act: Provided (6) $1,000,000 for the National Sex Offender Public Website; (7) $89,000,000 for grants to States to upgrade criminal and mental health records for the National Instant Criminal Background Check System, of which no less than $25,000,000 shall be for grants made under the authorities of the NICS Improvement Amendments Act of 2007 ( Public Law 110–180 (8) $35,000,000 for Paul Coverdell Forensic Sciences Improvement Grants under part BB of title I of the 1968 Act; (9) $170,000,000 for DNA-related and forensic programs and activities, of which— (A) $130,000,000 is for the purposes authorized under section 2 of the DNA Analysis Backlog Elimination Act of 2000 ( Public Law 106–546 Provided Public Law 108–405 (B) $20,000,000 for other local, State, and Federal forensic activities; (C) $15,000,000 is for the purposes described in the Kirk Bloodsworth Post-Conviction DNA Testing Grant Program ( Public Law 108–405 (D) $5,000,000 is for Sexual Assault Forensic Exam Program grants, including as authorized by section 304 of Public Law 108–405 (10) $55,000,000 for community-based grant programs to improve the response to sexual assault and apply enhanced approaches and techniques to reduce violent crime, including assistance for investigation and prosecution of related cold cases; (11) $15,000,000 for the court-appointed special advocate program, as authorized by section 217 of the 1990 Act; (12) $60,000,000 for assistance to Indian Tribes; (13) $125,000,000 for offender reentry programs and research, as authorized by the Second Chance Act of 2007 ( Public Law 110–199 Public Law 115–391 (A) $8,000,000 is for a program to improve State, local, and Tribal probation or parole supervision efforts and strategies; (B) $5,000,000 is for children of incarcerated parents demonstration programs to enhance and maintain parental and family relationships for incarcerated parents as a reentry or recidivism reduction strategy; (C) $5,000,000 is for additional replication sites employing the Project HOPE Opportunity Probation with Enforcement model implementing swift and certain sanctions in probation, of which no less than $500,000 shall be used for a project that provides training, technical assistance, and best practices; and (D) $10,000,000 is for a grant program for crisis stabilization and community reentry, as authorized by the Crisis Stabilization and Community Reentry Act of 2020 ( Public Law 116–281 Provided, (14) $445,000,000 for comprehensive opioid use reduction activities, including as authorized by CARA, and for the following programs, which shall address opioid, stimulant, and substance use disorders consistent with underlying program authorities, of which— (A) $95,000,000 is for Drug Courts, as authorized by section 1001(a)(25)(A) of title I of the 1968 Act; (B) $45,000,000 is for mental health courts and adult and juvenile collaboration program grants, as authorized by parts V and HH of title I of the 1968 Act, and the Mentally Ill Offender Treatment and Crime Reduction Reauthorization and Improvement Act of 2008 ( Public Law 110–416 (C) $45,000,000 is for a residential substance use disorder treatment program for state, local, and tribal prisoners and detainees, and for related services such as aftercare programs; (D) $35,000,000 is for a veterans treatment courts program, and for other services for veterans in the criminal justice system; (E) $35,000,000 is for a program to monitor prescription drugs and scheduled listed chemical products; and (F) $190,000,000 is for a comprehensive opioid, stimulant, and substance use disorder program; (15) $2,500,000 for a competitive grant program authorized by the Keep Young Athletes Safe Act; (16) $84,000,000 for grants to be administered by the Bureau of Justice Assistance for purposes authorized under the STOP School Violence Act; (17) $3,500,000 for grants to State and local law enforcement agencies for the expenses associated with the investigation and prosecution of criminal offenses involving civil rights, including as authorized by the Emmett Till Unsolved Civil Rights Crimes Reauthorization Act of 2016 ( Public Law 114–325 (18) $20,000,000 for grants to State, local, and Tribal law enforcement agencies to conduct educational outreach and training on hate crimes and to investigate and prosecute hate crimes, including as authorized by section 4704 of the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act ( Public Law 111–84 (19) $10,000,000 for grants to support community-based approaches to advancing justice and reconciliation, facilitating dialogue between all parties, building local capacity, de-escalating community tensions, and preventing hate crimes through conflict resolution and community empowerment and education; (20) $10,000,000 for programs combating hate crimes, including as authorized under the Jabara-Heyer NO HATE Act ( 34 U.S.C. 30507 (21) $120,000,000 for initiatives to improve police-community relations, of which $30,000,000 is for a competitive matching grant program for purchases of body-worn cameras and related expenses for State, local, and Tribal law enforcement; $35,000,000 is for a justice reinvestment initiative, for activities related to criminal justice reform and recidivism reduction; and $55,000,000 is for a community violence intervention and prevention initiative: Provided, Provided further, Provided further JUVENILE JUSTICE PROGRAMS For grants, contracts, cooperative agreements, and other assistance authorized by the Juvenile Justice and Delinquency Prevention Act of 1974 ( the 1974 Act the 1968 Act Public Law 109–162 the 2005 Act 34 U.S.C. 11291 et seq. Public Law 108–21 Public Law 101–647 the 1990 Act Public Law 109–248 the Adam Walsh Act Public Law 110–401 Public Law 113–4 the 2013 Act Public Law 114–324 Public Law 115–267 Public Law 115–385 Public Law 98–473 the 1984 Act Public Law 114–198 (1) $75,000,000 for programs authorized by section 221 of the 1974 Act, and for training and technical assistance to assist small, nonprofit organizations with the Federal grants process: Provided (2) $110,000,000 for youth mentoring grants; (3) $65,000,000 for delinquency prevention, of which, pursuant to sections 261 and 262 of the 1974 Act— (A) $5,000,000 shall be for grants to prevent trafficking of girls; (B) $18,000,000 shall be for the Tribal Youth Program; (C) $500,000 shall be for an Internet site providing information and resources on children of incarcerated parents; (D) $6,500,000 shall be for competitive grants focusing on girls in the juvenile justice system; (E) $12,500,000 shall be for an initiative relating to youth affected by opioids, stimulants, and substance use disorder; and (F) $10,000,000 shall be for an initiative relating to children exposed to violence; (4) $50,000,000 for programs authorized by the Victims of Child Abuse Act of 1990; (5) $108,000,000 for missing and exploited children programs, including as authorized by sections 404(b) and 405(a) of the 1974 Act (except that section 102(b)(4)(B) of the PROTECT Our Children Act of 2008 ( Public Law 110–401 (6) $4,500,000 for child abuse training programs for judicial personnel and practitioners, as authorized by section 222 of the 1990 Act; and (7) $2,500,000 for a program to improve juvenile indigent defense: Provided, Provided further, Provided further, PUBLIC SAFETY OFFICER BENEFITS (INCLUDING TRANSFER OF FUNDS) For payments and expenses authorized under section 1001(a)(4) of title I of the Omnibus Crime Control and Safe Streets Act of 1968, such sums as are necessary (including amounts for administrative costs), to remain available until expended; and $34,800,000 for payments authorized by section 1201(b) of such Act and for educational assistance authorized by section 1218 of such Act, to remain available until expended: Provided, Public Safety Officer Benefits Provided further, Community oriented policing services COMMUNITY ORIENTED POLICING SERVICES PROGRAMS (INCLUDING TRANSFER OF FUNDS) For activities authorized by the Violent Crime Control and Law Enforcement Act of 1994 ( Public Law 103–322 the 1968 Act Public Law 109–162 the 2005 Act Public Law 115–37 Public Law 115–113 the LEMHW Act Public Law 115–271 Public Law 116–32 the STOIC Act Public Law 117–325 Provided, Provided further, (1) $284,926,000 is for grants under section 1701 of title I of the 1968 Act ( 34 U.S.C. 10381 Provided 34 U.S.C. 10384(c) Provided further Provided further Research, Evaluation, and Statistics Provided further Provided further Provided further 34 U.S.C. 10381 (2) $13,000,000 is for activities authorized by the POLICE Act of 2016 ( Public Law 114–199 (3) $16,000,000 is for competitive grants to State law enforcement agencies in States with high seizures of precursor chemicals, finished methamphetamine, laboratories, and laboratory dump seizures: Provided (4) $38,000,000 is for competitive grants to statewide law enforcement agencies in States with high rates of primary treatment admissions for heroin and other opioids: Provided (5) $55,000,000 is for competitive grants to be administered by the Community Oriented Policing Services Office for purposes authorized under the STOP School Violence Act (title V of division S of Public Law 115–141 (6) $25,000,000 is for community policing development activities in furtherance of section 1701 of title I of the 1968 Act ( 34 U.S.C. 10381 (7) $82,953,000 is for a law enforcement technologies and interoperable communications program, and related law enforcement and public safety equipment, which shall be used for the projects, and in the amounts, specified in the table titled COPS Law Enforcement Technology and Equipment Provided Provided further 34 U.S.C. 10383 (8) $20,000,000 is for activities authorized by the Law Enforcement De-Escalation Training Act of 2022 ( Public Law 117–325 General provisions—Department of justice (INCLUDING TRANSFER OF FUNDS) 201. In addition to amounts otherwise made available in this title for official reception and representation expenses, a total of not to exceed $50,000 from funds appropriated to the Department of Justice in this title shall be available to the Attorney General for official reception and representation expenses. 202. None of the funds appropriated by this title shall be available to pay for an abortion, except where the life of the mother would be endangered if the fetus were carried to term, or in the case of rape or incest: Provided, 203. None of the funds appropriated under this title shall be used to require any person to perform, or facilitate in any way the performance of, any abortion. 204. Nothing in the preceding section shall remove the obligation of the Director of the Bureau of Prisons to provide escort services necessary for a female inmate to receive such service outside the Federal facility: Provided, 205. Not to exceed 5 percent of any appropriation made available for the current fiscal year for the Department of Justice in this Act may be transferred between such appropriations, but no such appropriation, except as otherwise specifically provided, shall be increased by more than 10 percent by any such transfers: Provided, Provided further, (1) paragraph 1(R) under the heading State and Local Law Enforcement Assistance (2) paragraph (7) under the heading Community Oriented Policing Services Programs 206. None of the funds made available under this title may be used by the Federal Bureau of Prisons or the United States Marshals Service for the purpose of transporting an individual who is a prisoner pursuant to conviction for crime under State or Federal law and is classified as a maximum or high security prisoner, other than to a prison or other facility certified by the Federal Bureau of Prisons as appropriately secure for housing such a prisoner. 207. (a) None of the funds appropriated by this Act may be used by Federal prisons to purchase cable television services, or to rent or purchase audiovisual or electronic media or equipment used primarily for recreational purposes. (b) Subsection (a) does not preclude the rental, maintenance, or purchase of audiovisual or electronic media or equipment for inmate training, religious, or educational programs. 208. None of the funds made available under this title shall be obligated or expended for any new or enhanced information technology program having total estimated development costs in excess of $100,000,000, unless the Deputy Attorney General and the investment review board certify to the Committees on Appropriations of the House of Representatives and the Senate that the information technology program has appropriate program management controls and contractor oversight mechanisms in place, and that the program is compatible with the enterprise architecture of the Department of Justice. 209. The notification thresholds and procedures set forth in section 505 of this Act shall apply to deviations from the amounts designated for specific activities in this Act and in the report accompanying this Act, and to any use of deobligated balances of funds provided under this title in previous years. 210. None of the funds appropriated by this Act may be used to plan for, begin, continue, finish, process, or approve a public-private competition under the Office of Management and Budget Circular A–76 or any successor administrative regulation, directive, or policy for work performed by employees of the Bureau of Prisons or of Federal Prison Industries, Incorporated. 211. Notwithstanding any other provision of law, no funds shall be available for the salary, benefits, or expenses of any United States Attorney assigned dual or additional responsibilities by the Attorney General or his designee that exempt that United States Attorney from the residency requirements of section 545 of title 28, United States Code. 212. At the discretion of the Attorney General, and in addition to any amounts that otherwise may be available (or authorized to be made available) by law, with respect to funds appropriated by this title under the headings Research, Evaluation and Statistics State and Local Law Enforcement Assistance Juvenile Justice Programs (1) up to 2 percent of funds made available to the Office of Justice Programs for grant or reimbursement programs may be used by such Office to provide training and technical assistance; and (2) up to 2 percent of funds made available for grant or reimbursement programs under such headings, except for amounts appropriated specifically for research, evaluation, or statistical programs administered by the National Institute of Justice and the Bureau of Justice Statistics, shall be transferred to and merged with funds provided to the National Institute of Justice and the Bureau of Justice Statistics, to be used by them for research, evaluation, or statistical purposes, without regard to the authorizations for such grant or reimbursement programs. This section shall not apply to paragraph 1(R) under the heading State and Local Law Enforcement Assistance 213. Upon request by a grantee for whom the Attorney General has determined there is a fiscal hardship, the Attorney General may, with respect to funds appropriated in this or any other Act making appropriations for fiscal years 2021 through 2024 for the following programs, waive the following requirements: (1) For the adult and juvenile offender State and local reentry demonstration projects under part FF of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10631 et seq. 34 U.S.C. 10631(g)(1) (2) For grants to protect inmates and safeguard communities as authorized by section 6 of the Prison Rape Elimination Act of 2003 ( 34 U.S.C. 30305(c)(3) 214. Notwithstanding any other provision of law, section 20109(a) of subtitle A of title II of the Violent Crime Control and Law Enforcement Act of 1994 ( 34 U.S.C. 12109(a) 215. None of the funds made available under this Act, other than for the national instant criminal background check system established under section 103 of the Brady Handgun Violence Prevention Act ( 34 U.S.C. 40901 216. (a) None of the income retained in the Department of Justice Working Capital Fund pursuant to title I of Public Law 102–140 28 U.S.C. 527 (b) Not to exceed $30,000,000 of the unobligated balances transferred to the capital account of the Department of Justice Working Capital Fund pursuant to title I of Public Law 102–140 28 U.S.C. 527 (c) Not to exceed $10,000,000 of the excess unobligated balances available under section 524(c)(8)(E) of title 28, United States Code, shall be available for obligation during fiscal year 2024, and any use, obligation, transfer or allocation of such funds shall be treated as a reprogramming of funds under section 505 of this Act. 217. Discretionary funds that are made available in this Act for the Office of Justice Programs may be used to participate in Performance Partnership Pilots authorized under such authorities as have been enacted for Performance Partnership Pilots in appropriations acts in prior fiscal years and the current fiscal year. 218. The Attorney General shall submit to the Committees on Appropriations of the House of Representatives and the Senate quarterly reports on the Crime Victims Fund, the Working Capital Fund, the Three Percent Fund, and the Asset Forfeiture Fund. Such quarterly reports shall contain at least the same level of information and detail for each Fund as was provided to the Committees on Appropriations of the House of Representatives and the Senate in fiscal year 2023. 219. None of the funds made available under this Act may be used to conduct, contract for, or otherwise support, live tissue training, unless the Attorney General issues a written, non-delegable determination that such training is medically necessary and cannot be replicated by alternatives. 220. (a) None of the funds appropriated by this Act to the Department of Justice shall be available for the performance of queries under section 702 of Foreign Intelligence Surveillance Act of 1978, unless the Federal Bureau of Investigation has in place remedial measures equivalent to or more rigorous than those described in Recent Efforts to Strengthen FISA Compliance (b) In fiscal year 2024, the Office of Internal Audit of the Federal Bureau of Investigation shall issue a quarterly report on compliance with the remedial measures established in the publication described in the preceding subsection. 221. None of the funds made available by this Act may be used by the Department of Justice to target or investigate parents who peacefully protest at school board meetings and are not suspected of engaging in unlawful activity. 222. None of the funds made available by this Act may be used to investigate or prosecute religious institutions on the basis of their religious beliefs. This title may be cited as the Department of Justice Appropriations Act, 2024 III SCIENCE Office of science and technology policy For necessary expenses of the Office of Science and Technology Policy, in carrying out the purposes of the National Science and Technology Policy, Organization, and Priorities Act of 1976 ( 42 U.S.C. 6601 et seq. National space council For necessary expenses of the National Space Council, in carrying out the purposes of title V of Public Law 100–685 Provided, National aeronautics and space administration SCIENCE For necessary expenses, not otherwise provided for, in the conduct and support of science research and development activities, including research, development, operations, support, and services; maintenance and repair, facility planning and design; space flight, spacecraft control, and communications activities; program management; personnel and related costs, including uniforms or allowances therefor, as authorized by sections 5901 and 5902 of title 5, United States Code; travel expenses; purchase and hire of passenger motor vehicles; and purchase, lease, charter, maintenance, and operation of mission and administrative aircraft, $7,340,920,000, to remain available until September 30, 2025. AERONAUTICS For necessary expenses, not otherwise provided for, in the conduct and support of aeronautics research and development activities, including research, development, operations, support, and services; maintenance and repair, facility planning and design; space flight, spacecraft control, and communications activities; program management; personnel and related costs, including uniforms or allowances therefor, as authorized by sections 5901 and 5902 of title 5, United States Code; travel expenses; purchase and hire of passenger motor vehicles; and purchase, lease, charter, maintenance, and operation of mission and administrative aircraft, $935,000,000, to remain available until September 30, 2025. SPACE TECHNOLOGY For necessary expenses, not otherwise provided for, in the conduct and support of space technology research and development activities, including research, development, operations, support, and services; maintenance and repair, facility planning and design; space flight, spacecraft control, and communications activities; program management; personnel and related costs, including uniforms or allowances therefor, as authorized by sections 5901 and 5902 of title 5, United States Code; travel expenses; purchase and hire of passenger motor vehicles; and purchase, lease, charter, maintenance, and operation of mission and administrative aircraft, $1,118,000,000, to remain available until September 30, 2025. EXPLORATION For necessary expenses, not otherwise provided for, in the conduct and support of Artemis Campaign Development activities, including research, development, operations, support, and services; maintenance and repair, facility planning and design; space flight, spacecraft control, and communications activities; program management; personnel and related costs, including uniforms or allowances therefor, as authorized by sections 5901 and 5902 of title 5, United States Code; travel expenses; purchase and hire of passenger motor vehicles; and purchase, lease, charter, maintenance, and operation of mission and administrative aircraft, $7,736,300,000, to remain available until September 30, 2025: Provided Provided further, SPACE OPERATIONS For necessary expenses, not otherwise provided for, in the conduct and support of space operations research and development activities, including research, development, operations, support and services; space flight, spacecraft control, and communications activities, including operations, production, and services; maintenance and repair, facility planning and design; program management; personnel and related costs, including uniforms or allowances therefor, as authorized by sections 5901 and 5902 of title 5, United States Code; travel expenses; purchase and hire of passenger motor vehicles; and purchase, lease, charter, maintenance, and operation of mission and administrative aircraft, $4,200,000,000, to remain available until September 30, 2025. SCIENCE, TECHNOLOGY, ENGINEERING, AND MATHEMATICS ENGAGEMENT For necessary expenses, not otherwise provided for, in the conduct and support of aerospace and aeronautical education research and development activities, including research, development, operations, support, and services; program management; personnel and related costs, including uniforms or allowances therefor, as authorized by sections 5901 and 5902 of title 5, United States Code; travel expenses; purchase and hire of passenger motor vehicles; and purchase, lease, charter, maintenance, and operation of mission and administrative aircraft, $143,500,000, to remain available until September 30, 2025, of which $26,000,000 shall be for the Established Program to Stimulate Competitive Research and $58,000,000 shall be for the National Space Grant College and Fellowship Program. SAFETY, SECURITY AND MISSION SERVICES For necessary expenses, not otherwise provided for, in the conduct and support of science, aeronautics, space technology, exploration, space operations and education research and development activities, including research, development, operations, support, and services; maintenance and repair, facility planning and design; space flight, spacecraft control, and communications activities; program management; personnel and related costs, including uniforms or allowances therefor, as authorized by sections 5901 and 5902 of title 5, United States Code; travel expenses; purchase and hire of passenger motor vehicles; not to exceed $63,000 for official reception and representation expenses; and purchase, lease, charter, maintenance, and operation of mission and administrative aircraft, $3,100,000,000, to remain available until September 30, 2025: Provided, Science, Space, and Technology Education Trust Fund Public Law 100–404 Public Law 103–327 Provided further, NASA Special Projects Provided further, CONSTRUCTION AND ENVIRONMENTAL COMPLIANCE AND RESTORATION For necessary expenses for construction of facilities including repair, rehabilitation, revitalization, and modification of facilities, construction of new facilities and additions to existing facilities, facility planning and design, and restoration, and acquisition or condemnation of real property, as authorized by law, and environmental compliance and restoration, $379,000,000, to remain available until September 30, 2029: Provided, Provided further Provided further, Provided further, OFFICE OF INSPECTOR GENERAL For necessary expenses of the Office of Inspector General in carrying out the Inspector General Act of 1978, $47,600,000, of which $500,000 shall remain available until September 30, 2025. ADMINISTRATIVE PROVISIONS (INCLUDING TRANSFERS OF FUNDS) Funds for any announced prize otherwise authorized shall remain available, without fiscal year limitation, until a prize is claimed or the offer is withdrawn. Not to exceed 5 percent of any appropriation made available for the current fiscal year for the National Aeronautics and Space Administration in this Act may be transferred between such appropriations, but no such appropriation, except as otherwise specifically provided, shall be increased by more than 10 percent by any such transfers. Any funds transferred to Construction and Environmental Compliance and Restoration Not to exceed 5 percent of any appropriation provided for the National Aeronautics and Space Administration under previous appropriations Acts that remains available for obligation or expenditure in fiscal year 2024 may be transferred between such appropriations, but no such appropriation, except as otherwise specifically provided, shall be increased by more than 10 percent by any such transfers. Any transfer pursuant to this provision shall retain its original availability and shall be treated as a reprogramming of funds under section 505 of this Act and shall not be available for obligation except in compliance with the procedures set forth in that section. The spending plan required by this Act shall be provided by the National Aeronautics and Space Administration at the theme, program, project, and activity level. The spending plan, as well as any subsequent change of an amount established in that spending plan that meets the notification requirements of section 505 of this Act, shall be treated as a reprogramming under section 505 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section. Not more than 20 percent or $25,000,000, whichever is less, of the amounts made available in the current-year Construction and Environmental Compliance and Restoration (CECR) appropriation may be applied to CECR projects funded under previous years’ CECR appropriations. Use of current-year funds under this provision shall be treated as a reprogramming of funds under section 505 of this Act and shall not be available for obligation except in compliance with the procedures set forth in that section. Of the amounts made available in this Act under the heading Science, Technology, Engineering, and Mathematics Engagement STEM Engagement Science Aeronautics Space Technology Exploration Space Operations Not to exceed $32,600,000 made available for the current fiscal year in this Act within Safety, Security and Mission Services For execution of the Commercial Crew Transportation Capability (CCtCap) contract, amounts that have expired but have not been cancelled in the Space Operations appropriations account shall remain available through fiscal year 2027 for the liquidation of valid obligations incurred during the period of fiscal year 2017 through fiscal year 2019. National science foundation RESEARCH AND RELATED ACTIVITIES For necessary expenses in carrying out the National Science Foundation Act of 1950 ( 42 U.S.C. 1861 et seq. Public Law 86–209 42 U.S.C. 1880 et seq. Provided, Provided further MAJOR RESEARCH EQUIPMENT AND FACILITIES CONSTRUCTION For necessary expenses for the acquisition, construction, commissioning, and upgrading of major research equipment, facilities, and other such capital assets pursuant to the National Science Foundation Act of 1950 ( 42 U.S.C. 1861 et seq. STEM EDUCATION For necessary expenses in carrying out science, mathematics, and engineering education and human resources programs and activities pursuant to the National Science Foundation Act of 1950 ( 42 U.S.C. 1861 et seq. AGENCY OPERATIONS AND AWARD MANAGEMENT For agency operations and award management necessary in carrying out the National Science Foundation Act of 1950 ( 42 U.S.C. 1861 et seq. Provided, Provided further, OFFICE OF THE NATIONAL SCIENCE BOARD For necessary expenses (including payment of salaries, authorized travel, hire of passenger motor vehicles, the rental of conference rooms in the District of Columbia, and the employment of experts and consultants under section 3109 of title 5, United States Code) involved in carrying out section 4 of the National Science Foundation Act of 1950 ( 42 U.S.C. 1863 Public Law 86–209 42 U.S.C. 1880 et seq. Provided, OFFICE OF INSPECTOR GENERAL For necessary expenses of the Office of Inspector General as authorized by the Inspector General Act of 1978, $23,393,000, of which $400,000 shall remain available until September 30, 2025. ADMINISTRATIVE PROVISIONS (INCLUDING TRANSFER OF FUNDS) Not to exceed 5 percent of any appropriation made available for the current fiscal year for the National Science Foundation in this Act may be transferred between such appropriations, but no such appropriation shall be increased by more than 10 percent by any such transfers. Any transfer pursuant to this paragraph shall be treated as a reprogramming of funds under section 505 of this Act and shall not be available for obligation except in compliance with the procedures set forth in that section. The Director of the National Science Foundation (NSF) shall notify the Committees on Appropriations of the House of Representatives and the Senate at least 30 days in advance of any planned divestment through transfer, decommissioning, termination, or deconstruction of any NSF-owned facilities or any NSF capital assets (including land, structures, and equipment) valued greater than $2,500,000. This title may be cited as the Science Appropriations Act, 2024 IV RELATED AGENCIES Commission on civil rights SALARIES AND EXPENSES For necessary expenses of the Commission on Civil Rights, including hire of passenger motor vehicles, $14,350,000: Provided, Provided further, Provided further, Provided further, 42 U.S.C. 1975a Provided further, Equal employment opportunity commission SALARIES AND EXPENSES For necessary expenses of the Equal Employment Opportunity Commission as authorized by title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, the Equal Pay Act of 1963, the Americans with Disabilities Act of 1990, section 501 of the Rehabilitation Act of 1973, the Civil Rights Act of 1991, the Genetic Information Nondiscrimination Act (GINA) of 2008 ( Public Law 110–233 Public Law 110–325 Public Law 111–2 Provided, Provided further, Provided further, International trade commission SALARIES AND EXPENSES For necessary expenses of the International Trade Commission, including hire of passenger motor vehicles and services as authorized by section 3109 of title 5, United States Code, and not to exceed $2,250 for official reception and representation expenses, $122,400,000, to remain available until expended. Legal services corporation PAYMENT TO THE LEGAL SERVICES CORPORATION For payment to the Legal Services Corporation to carry out the purposes of the Legal Services Corporation Act of 1974, $560,000,000, of which $516,100,000 is for basic field programs and required independent audits; $5,700,000 is for the Office of Inspector General, of which such amounts as may be necessary may be used to conduct additional audits of recipients; $26,200,000 is for management and grants oversight; $5,000,000 is for client self-help and information technology; $5,000,000 is for a Pro Bono Innovation Fund; and $2,000,000 is for loan repayment assistance: Provided, 42 U.S.C. 2996d(d) Provided further, Provided further, ADMINISTRATIVE PROVISION—LEGAL SERVICES CORPORATION None of the funds appropriated in this Act to the Legal Services Corporation shall be expended for any purpose prohibited or limited by, or contrary to any of the provisions of, sections 501, 502, 503, 504, 505, and 506 of Public Law 105–119 Provided, 42 U.S.C. 2996f(c) Public Law 104–134 Marine mammal commission SALARIES AND EXPENSES For necessary expenses of the Marine Mammal Commission as authorized by title II of the Marine Mammal Protection Act of 1972 ( 16 U.S.C. 1361 et seq. Office of the united states trade representative SALARIES AND EXPENSES For necessary expenses of the Office of the United States Trade Representative, including the hire of passenger motor vehicles and the employment of experts and consultants as authorized by section 3109 of title 5, United States Code, $61,000,000, of which $1,000,000 shall remain available until expended: Provided, TRADE ENFORCEMENT TRUST FUND (INCLUDING TRANSFER OF FUNDS) For activities of the United States Trade Representative authorized by section 611 of the Trade Facilitation and Trade Enforcement Act of 2015 ( 19 U.S.C. 4405 Provided, State justice institute SALARIES AND EXPENSES For necessary expenses of the State Justice Institute, as authorized by the State Justice Institute Act of 1984 ( 42 U.S.C. 10701 et seq. Provided, Provided further, V GENERAL PROVISIONS (INCLUDING TRANSFERS AND RESCISSIONS OF FUNDS) 501. No part of any appropriation contained in this Act shall be used for publicity or propaganda purposes not authorized by the Congress. 502. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein. 503. The expenditure of any appropriation under this Act for any consulting service through procurement contract, pursuant to section 3109 of title 5, United States Code, shall be limited to those contracts where such expenditures are a matter of public record and available for public inspection, except where otherwise provided under existing law, or under existing Executive order issued pursuant to existing law. 504. If any provision of this Act or the application of such provision to any person or circumstances shall be held invalid, the remainder of the Act and the application of each provision to persons or circumstances other than those as to which it is held invalid shall not be affected thereby. 505. None of the funds provided under this Act, or provided under previous appropriations Acts to the agencies funded by this Act that remain available for obligation or expenditure in fiscal year 2024, or provided from any accounts in the Treasury of the United States derived by the collection of fees available to the agencies funded by this Act, shall be available for obligation or expenditure through a reprogramming of funds that: (1) creates or initiates a new program, project, or activity; (2) eliminates a program, project, or activity; (3) increases funds or personnel by any means for any project or activity for which funds have been denied or restricted; (4) relocates an office or employees; (5) reorganizes or renames offices, programs, or activities; (6) contracts out or privatizes any functions or activities presently performed by Federal employees; (7) augments existing programs, projects, or activities in excess of $500,000 or 10 percent, whichever is less, or reduces by 10 percent funding for any program, project, or activity, or numbers of personnel by 10 percent; or (8) results from any general savings, including savings from a reduction in personnel, which would result in a change in existing programs, projects, or activities as approved by Congress; unless the House and Senate Committees on Appropriations are notified 15 days in advance of such reprogramming of funds. 506. (a) If it has been finally determined by a court or Federal agency that any person intentionally affixed a label bearing a Made in America (b) (1) To the extent practicable, with respect to authorized purchases of promotional items, funds made available by this Act shall be used to purchase items that are manufactured, produced, or assembled in the United States, its territories or possessions. (2) The term promotional items 507. (a) The Departments of Commerce and Justice, the National Science Foundation, and the National Aeronautics and Space Administration shall provide to the Committees on Appropriations of the House of Representatives and the Senate a quarterly report on the status of balances of appropriations at the account level. For unobligated, uncommitted balances and unobligated, committed balances the quarterly reports shall separately identify the amounts attributable to each source year of appropriation from which the balances were derived. For balances that are obligated, but unexpended, the quarterly reports shall separately identify amounts by the year of obligation. (b) The report described in subsection (a) shall be submitted within 30 days of the end of each quarter. (c) If a department or agency is unable to fulfill any aspect of a reporting requirement described in subsection (a) due to a limitation of a current accounting system, the department or agency shall fulfill such aspect to the maximum extent practicable under such accounting system and shall identify and describe in each quarterly report the extent to which such aspect is not fulfilled. 508. Any costs incurred by a department or agency funded under this Act resulting from, or to prevent, personnel actions taken in response to funding reductions included in this Act shall be absorbed within the total budgetary resources available to such department or agency: Provided, Provided further, Provided further, 509. None of the funds provided by this Act shall be available to promote the sale or export of tobacco or tobacco products, or to seek the reduction or removal by any foreign country of restrictions on the marketing of tobacco or tobacco products, except for restrictions which are not applied equally to all tobacco or tobacco products of the same type. 510. Notwithstanding any other provision of law, amounts deposited or available in the Fund established by section 1402 of chapter XIV of title II of Public Law 98–473 34 U.S.C. 20101 Provided, 511. None of the funds made available to the Department of Justice in this Act may be used to discriminate against or denigrate the religious or moral beliefs of students who participate in programs for which financial assistance is provided from those funds, or of the parents or legal guardians of such students. 512. None of the funds made available in this Act may be transferred to any department, agency, or instrumentality of the United States Government, except pursuant to a transfer made by, or transfer authority provided in, this Act or any other appropriations Act. 513. (a) The Inspectors General of the Department of Commerce, the Department of Justice, the National Aeronautics and Space Administration, the National Science Foundation, and the Legal Services Corporation shall conduct audits, pursuant to the Inspector General Act (5 U.S.C. App.), of grants or contracts for which funds are appropriated by this Act, and shall submit reports to Congress on the progress of such audits, which may include preliminary findings and a description of areas of particular interest, within 180 days after initiating such an audit and every 180 days thereafter until any such audit is completed. (b) Within 60 days after the date on which an audit described in subsection (a) by an Inspector General is completed, the Secretary, Attorney General, Administrator, Director, or President, as appropriate, shall make the results of the audit available to the public on the Internet website maintained by the Department, Administration, Foundation, or Corporation, respectively. The results shall be made available in redacted form to exclude— (1) any matter described in section 552(b) of title 5, United States Code; and (2) sensitive personal information for any individual, the public access to which could be used to commit identity theft or for other inappropriate or unlawful purposes. (c) Any person awarded a grant or contract funded by amounts appropriated by this Act shall submit a statement to the Secretary of Commerce, the Attorney General, the Administrator, Director, or President, as appropriate, certifying that no funds derived from the grant or contract will be made available through a subcontract or in any other manner to another person who has a financial interest in the person awarded the grant or contract. (d) The provisions of the preceding subsections of this section shall take effect 30 days after the date on which the Director of the Office of Management and Budget, in consultation with the Director of the Office of Government Ethics, determines that a uniform set of rules and requirements, substantially similar to the requirements in such subsections, consistently apply under the executive branch ethics program to all Federal departments, agencies, and entities. 514. (a) None of the funds appropriated or otherwise made available under this Act may be used by the Departments of Commerce and Justice, the National Aeronautics and Space Administration, or the National Science Foundation to acquire a high-impact or moderate-impact information system, as defined for security categorization in the National Institute of Standards and Technology's (NIST) Federal Information Processing Standard Publication 199, Standards for Security Categorization of Federal Information and Information Systems (1) reviewed the supply chain risk for the information systems against criteria developed by NIST and the Federal Bureau of Investigation (FBI) to inform acquisition decisions for high-impact and moderate-impact information systems within the Federal Government; (2) reviewed the supply chain risk from the presumptive awardee against available and relevant threat information provided by the FBI and other appropriate agencies; and (3) in consultation with the FBI or other appropriate Federal entity, conducted an assessment of any risk of cyber-espionage or sabotage associated with the acquisition of such system, including any risk associated with such system being produced, manufactured, or assembled by one or more entities identified by the United States Government as posing a cyber threat, including but not limited to, those that may be owned, directed, or subsidized by the People's Republic of China, the Islamic Republic of Iran, the Democratic People's Republic of Korea, or the Russian Federation. (b) None of the funds appropriated or otherwise made available under this Act may be used to acquire a high-impact or moderate-impact information system reviewed and assessed under subsection (a) unless the head of the assessing entity described in subsection (a) has— (1) developed, in consultation with NIST, the FBI, and supply chain risk management experts, a mitigation strategy for any identified risks; (2) determined, in consultation with NIST and the FBI, that the acquisition of such system is in the national interest of the United States; and (3) reported that determination to the Committees on Appropriations of the House of Representatives and the Senate and the agency Inspector General. 515. None of the funds made available in this Act shall be used in any way whatsoever to support or justify the use of torture by any official or contract employee of the United States Government. 516. None of the funds made available in this Act may be used to include in any new bilateral or multilateral trade agreement the text of— (1) paragraph 2 of article 16.7 of the United States–Singapore Free Trade Agreement; (2) paragraph 4 of article 17.9 of the United States–Australia Free Trade Agreement; or (3) paragraph 4 of article 15.9 of the United States–Morocco Free Trade Agreement. 517. None of the funds made available in this Act may be used to authorize or issue a national security letter in contravention of any of the following laws authorizing the Federal Bureau of Investigation to issue national security letters: The Right to Financial Privacy Act of 1978; The Electronic Communications Privacy Act of 1986; The Fair Credit Reporting Act; The National Security Act of 1947; USA PATRIOT Act; USA FREEDOM Act of 2015; and the laws amended by these Acts. 518. If at any time during any quarter, the program manager of a project within the jurisdiction of the Departments of Commerce or Justice, the National Aeronautics and Space Administration, or the National Science Foundation totaling more than $75,000,000 has reasonable cause to believe that the total program cost has increased by 10 percent or more, the program manager shall immediately inform the respective Secretary, Administrator, or Director. The Secretary, Administrator, or Director shall notify the House and Senate Committees on Appropriations within 30 days in writing of such increase, and shall include in such notice: the date on which such determination was made; a statement of the reasons for such increases; the action taken and proposed to be taken to control future cost growth of the project; changes made in the performance or schedule milestones and the degree to which such changes have contributed to the increase in total program costs or procurement costs; new estimates of the total project or procurement costs; and a statement validating that the project's management structure is adequate to control total project or procurement costs. 519. Funds appropriated by this Act, or made available by the transfer of funds in this Act, for intelligence or intelligence related activities are deemed to be specifically authorized by the Congress for purposes of section 504 of the National Security Act of 1947 ( 50 U.S.C. 3094 520. None of the funds appropriated or otherwise made available by this Act may be used to enter into a contract in an amount greater than $5,000,000 or to award a grant in excess of such amount unless the prospective contractor or grantee certifies in writing to the agency awarding the contract or grant that, to the best of its knowledge and belief, the contractor or grantee has filed all Federal tax returns required during the three years preceding the certification, has not been convicted of a criminal offense under the Internal Revenue Code of 1986, and has not, more than 90 days prior to certification, been notified of any unpaid Federal tax assessment for which the liability remains unsatisfied, unless the assessment is the subject of an installment agreement or offer in compromise that has been approved by the Internal Revenue Service and is not in default, or the assessment is the subject of a non-frivolous administrative or judicial proceeding. (RESCISSIONS) 521. (a) Of the unobligated balances from prior year appropriations available to the Department of Commerce under the heading Economic Development Administration, Economic Development Assistance Programs (b) Of the unobligated balances in the Department of Commerce Nonrecurring Expenses Fund Public Law 116–93 (c) Of the unobligated balances from prior year appropriations available to the Department of Justice, the following funds are hereby permanently rescinded, not later than September 30, 2024, from the following accounts in the specified amounts— (1) Federal Prison System, Buildings and Facilities (2) State and Local Law Enforcement Activities, Office on Violence Against Women, Violence Against Women Prevention and Prosecution Programs (3) State and Local Law Enforcement Activities, Office of Justice Programs (4) State and Local Law Enforcement Activities, Community Oriented Policing Services (d) Of the unobligated balances available to the Department of Justice, the following funds are hereby permanently rescinded, not later than September 30, 2024, from the following accounts in the specified amounts— (1) Working Capital Fund (2) Legal Activities, Assets Forfeiture Fund (e) The Departments of Commerce and Justice shall submit to the Committees on Appropriations of the House of Representatives and the Senate a report no later than September 1, 2024, specifying the amount of each rescission made pursuant to subsections (a), (b), (c) and (d). (f) The amounts rescinded in subsections (a), (b), (c) and (d) shall not be from amounts that were designated by the Congress as an emergency or disaster relief requirement pursuant to the concurrent resolution on the budget or the Balanced Budget and Emergency Deficit Control Act of 1985. (g) The amounts rescinded pursuant to subsections (c) and (d) shall not be from— (1) amounts provided under subparagraph (Q) of paragraph (1) under the heading State and Local Law Enforcement Activities—Office of Justice Programs—State and Local Law Enforcement Assistance Public Law 117–103 Public Law 117–328 (2) amounts provided under paragraph (7) under the heading State and Local Law Enforcement Activities—Community Oriented Policing Services—Community Oriented Policing Services Programs Public Law 117–103 Public Law 117–328 522. None of the funds made available in this Act may be used to purchase first class or premium airline travel in contravention of sections 301–10.122 through 301–10.124 of title 41 of the Code of Federal Regulations. 523. None of the funds made available in this Act may be used to send or otherwise pay for the attendance of more than 50 employees from a Federal department or agency, who are stationed in the United States, at any single conference occurring outside the United States unless— (1) such conference is a law enforcement training or operational conference for law enforcement personnel and the majority of Federal employees in attendance are law enforcement personnel stationed outside the United States; or (2) such conference is a scientific conference and the department or agency head determines that such attendance is in the national interest and notifies the Committees on Appropriations of the House of Representatives and the Senate within at least 15 days of that determination and the basis for that determination. 524. The Director of the Office of Management and Budget shall instruct any department, agency, or instrumentality of the United States receiving funds appropriated under this Act to track undisbursed balances in expired grant accounts and include in its annual performance plan and performance and accountability reports the following: (1) Details on future action the department, agency, or instrumentality will take to resolve undisbursed balances in expired grant accounts. (2) The method that the department, agency, or instrumentality uses to track undisbursed balances in expired grant accounts. (3) Identification of undisbursed balances in expired grant accounts that may be returned to the Treasury of the United States. (4) In the preceding 3 fiscal years, details on the total number of expired grant accounts with undisbursed balances (on the first day of each fiscal year) for the department, agency, or instrumentality and the total finances that have not been obligated to a specific project remaining in the accounts. 525. To the extent practicable, funds made available in this Act should be used to purchase light bulbs that are Energy Star Federal Energy Management Program 526. (a) None of the funds made available by this Act may be used for the National Aeronautics and Space Administration (NASA), the Office of Science and Technology Policy (OSTP), or the National Space Council (NSC) to develop, design, plan, promulgate, implement, or execute a bilateral policy, program, order, or contract of any kind to participate, collaborate, or coordinate bilaterally in any way with China or any Chinese-owned company unless such activities are specifically authorized by a law enacted after the date of enactment of this Act. (b) None of the funds made available by this Act may be used to effectuate the hosting of official Chinese visitors at facilities belonging to or utilized by NASA. (c) The limitations described in subsections (a) and (b) shall not apply to activities which NASA, OSTP, or NSC, after consultation with the Federal Bureau of Investigation, have certified— (1) pose no risk of resulting in the transfer of technology, data, or other information with national security or economic security implications to China or a Chinese-owned company; and (2) will not involve knowing interactions with officials who have been determined by the United States to have direct involvement with violations of human rights. (d) Any certification made under subsection (c) shall be submitted to the Committees on Appropriations of the House of Representatives and the Senate, and the Federal Bureau of Investigation, no later than 30 days prior to the activity in question and shall include a description of the purpose of the activity, its agenda, its major participants, and its location and timing. 527. (a) None of the funds made available in this Act may be used to maintain or establish a computer network unless such network blocks the viewing, downloading, and exchanging of pornography. (b) Nothing in subsection (a) shall limit the use of funds necessary for any Federal, State, Tribal, or local law enforcement agency or any other entity carrying out criminal investigations, prosecution, adjudication, or other law enforcement- or victim assistance-related activity. 528. The Departments of Commerce and Justice, the National Aeronautics and Space Administration, the National Science Foundation, the Commission on Civil Rights, the Equal Employment Opportunity Commission, the International Trade Commission, the Legal Services Corporation, the Marine Mammal Commission, the Offices of Science and Technology Policy and the United States Trade Representative, the National Space Council, and the State Justice Institute shall submit spending plans, signed by the respective department or agency head, to the Committees on Appropriations of the House of Representatives and the Senate not later than 45 days after the date of enactment of this Act. 529. Notwithstanding any other provision of this Act, none of the funds appropriated or otherwise made available by this Act may be used to pay award or incentive fees for contractor performance that has been judged to be below satisfactory performance or for performance that does not meet the basic requirements of a contract. 530. None of the funds made available by this Act may be used in contravention of section 7606 ( Legitimacy of Industrial Hemp Research Public Law 113–79 531. None of the funds made available under this Act to the Department of Justice may be used, with respect to any of the States of Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Illinois, Indiana, Iowa, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, and Wyoming, or with respect to the District of Columbia, the Commonwealth of the Northern Mariana Islands, the United States Virgin Islands, Guam, or Puerto Rico, to prevent any of them from implementing their own laws that authorize the use, distribution, possession, or cultivation of medical marijuana. 532. The Department of Commerce, the National Aeronautics and Space Administration, and the National Science Foundation shall provide a quarterly report to the Committees on Appropriations of the House of Representatives and the Senate on any official travel to China by any employee of such Department or agency, including the purpose of such travel. 533. Of the amounts made available by this Act, not less than 10 percent of each total amount provided, respectively, for Public Works grants authorized by the Public Works and Economic Development Act of 1965 and grants authorized by section 27 of the Stevenson-Wydler Technology Innovation Act of 1980 ( 15 U.S.C. 3722 Provided, persistent poverty counties 534. (a) Notwithstanding any other provision of law or treaty, none of the funds appropriated or otherwise made available under this Act or any other Act may be expended or obligated by a department, agency, or instrumentality of the United States to pay administrative expenses or to compensate an officer or employee of the United States in connection with requiring an export license for the export to Canada of components, parts, accessories or attachments for firearms listed in Category I, section 121.1 of title 22, Code of Federal Regulations (International Trafficking in Arms Regulations (ITAR), part 121, as it existed on April 1, 2005) with a total value not exceeding $500 wholesale in any transaction, provided that the conditions of subsection (b) of this section are met by the exporting party for such articles. (b) The foregoing exemption from obtaining an export license— (1) does not exempt an exporter from filing any Shipper's Export Declaration or notification letter required by law, or from being otherwise eligible under the laws of the United States to possess, ship, transport, or export the articles enumerated in subsection (a); and (2) does not permit the export without a license of— (A) fully automatic firearms and components and parts for such firearms, other than for end use by the Federal Government, or a Provincial or Municipal Government of Canada; (B) barrels, cylinders, receivers (frames) or complete breech mechanisms for any firearm listed in Category I, other than for end use by the Federal Government, or a Provincial or Municipal Government of Canada; or (C) articles for export from Canada to another foreign destination. (c) In accordance with this section, the District Directors of Customs and postmasters shall permit the permanent or temporary export without a license of any unclassified articles specified in subsection (a) to Canada for end use in Canada or return to the United States, or temporary import of Canadian-origin items from Canada for end use in the United States or return to Canada for a Canadian citizen. (d) The President may require export licenses under this section on a temporary basis if the President determines, upon publication first in the Federal Register, that the Government of Canada has implemented or maintained inadequate import controls for the articles specified in subsection (a), such that a significant diversion of such articles has and continues to take place for use in international terrorism or in the escalation of a conflict in another nation. The President shall terminate the requirements of a license when reasons for the temporary requirements have ceased. 535. Notwithstanding any other provision of law, no department, agency, or instrumentality of the United States receiving appropriated funds under this Act or any other Act shall obligate or expend in any way such funds to pay administrative expenses or the compensation of any officer or employee of the United States to deny any application submitted pursuant to 22 U.S.C. 2778(b)(1)(B) curios or relics 536. None of the funds made available by this Act may be used to pay the salaries or expenses of personnel to deny, or fail to act on, an application for the importation of any model of shotgun if— (1) all other requirements of law with respect to the proposed importation are met; and (2) no application for the importation of such model of shotgun, in the same configuration, had been denied by the Attorney General prior to January 1, 2011, on the basis that the shotgun was not particularly suitable for or readily adaptable to sporting purposes. 537. None of the funds made available by this Act may be obligated or expended to implement the Arms Trade Treaty until the Senate approves a resolution of ratification for the Treaty. 538. None of the funds appropriated or otherwise made available in this or any other Act may be used to transfer, release, or assist in the transfer or release to or within the United States, its territories, or possessions Khalid Sheikh Mohammed or any other detainee who— (1) is not a United States citizen or a member of the Armed Forces of the United States; and (2) is or was held on or after June 24, 2009, at the United States Naval Station, Guantanamo Bay, Cuba, by the Department of Defense. 539. (a) None of the funds appropriated or otherwise made available in this or any other Act may be used to construct, acquire, or modify any facility in the United States, its territories, or possessions to house any individual described in subsection (c) for the purposes of detention or imprisonment in the custody or under the effective control of the Department of Defense. (b) The prohibition in subsection (a) shall not apply to any modification of facilities at United States Naval Station, Guantanamo Bay, Cuba. (c) An individual described in this subsection is any individual who, as of June 24, 2009, is located at United States Naval Station, Guantanamo Bay, Cuba, and who— (1) is not a citizen of the United States or a member of the Armed Forces of the United States; and (2) is— (A) in the custody or under the effective control of the Department of Defense; or (B) otherwise under detention at United States Naval Station, Guantanamo Bay, Cuba. 540. (a) The remaining unobligated balances of funds as of September 30, 2024, from amounts made available to Office of the United States Trade Representative—Salaries and Expenses Public Law 117–328 Public Law 116–113 2023 Public Law 116–113 2026 Provided, Provided further, (b) The remaining unobligated balances of funds as of September 30, 2024, from amounts made available to Office of the United States Trade Representative—Trade Enforcement Trust Fund Public Law 117–328 Public Law 116–113 2023 Public Law 116–113 2026 Provided, Provided further, 541. Funds made available to the Department of Commerce and the Department of Justice in this Act and any remaining unobligated balances of funds made available to the Department of Commerce and the Department of Justice in prior year Acts, other than amounts designated by the Congress as being for an emergency requirement pursuant to a concurrent resolution on the budget or the Balanced Budget and Emergency Deficit Control Act of 1985, shall be available to provide payments pursuant to section 901(i)(2) of title IX of division J of the Further Consolidated Appropriations Act, 2020 ( 22 U.S.C. 2680b(i)(2) Provided, 542. (a) (1) Within 45 days of enactment of this Act, the Secretary of Commerce shall allocate amounts made available from the Creating Helpful Incentives to Produce Semiconductors (CHIPS) for America Fund for fiscal year 2024 pursuant to paragraphs (1) and (2) of section 102(a) of the CHIPS Act of 2022 (division A of Public Law 117–167 Department of Commerce Allocation of National Institute of Standards and Technology Funds: CHIPS Act Fiscal Year 2024 (2) Within 45 days of enactment of this Act, the Director of the National Science Foundation shall allocate amounts made available from the Creating Helpful Incentives to Produce Semiconductors (CHIPS) for America Workforce and Education Fund for fiscal year 2024 pursuant to section 102(d)(1) of the CHIPS Act of 2022 (division A of Public Law 117–167 National Science Foundation Allocation of Funds: CHIPS Act Fiscal Year 2024 (b) Neither the President nor his designee may allocate any amounts that are made available for any fiscal year under section 102(a)(2)(A) of the CHIPS Act of 2022 or under section 102(d)(2) of such Act if there is in effect an Act making or continuing appropriations for part of a fiscal year for the Departments of Commerce and Justice, Science, and Related Agencies: Provided, (c) Subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations of the House of Representatives and the Senate, and subject to the terms and conditions in section 505 of this Act— (1) the Secretary of Commerce may reallocate funds allocated to Industrial Technology Services for section 9906 of Public Law 116–283 (2) the Director of the National Science Foundation may reallocate funds allocated to the CHIPS for America Workforce and Education Fund by subsection (a)(2) of this section. (d) Concurrent with the annual budget submission of the President for fiscal year 2025, the Secretary of Commerce and the Director of the National Science Foundation, as appropriate, shall each submit to the Committees on Appropriations of the House of Representatives and the Senate proposed allocations by account and by program, project, or activity, with detailed justifications, for amounts made available under section 102(a)(2) and section 102(d)(2) of the CHIPS Act of 2022 for fiscal year 2025. (e) The Department of Commerce and the National Science Foundation, as appropriate, shall each provide the Committees on Appropriations of the House of Representatives and Senate quarterly reports on the status of balances of projects and activities funded by the CHIPS for America Fund for amounts allocated pursuant to subsection (a)(1) of this section and the status of balances of projects and activities funded by the CHIPS for America Workforce and Education Fund for amounts allocated pursuant to subsection (a)(2) of this section, including all uncommitted, committed, and unobligated funds. 543. Each amount designated in this Act by the Congress as an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985 shall be available (or rescinded, if applicable) only if the President subsequently so designates all such amounts and transmits such designations to the Congress. 544. Notwithstanding title II of division J of the Infrastructure Investment and Jobs Act ( Public Law 117–58 Provided, Public Law 116–260 Public Law 116–260 Provided further, Provided further, Provided further, Provided further, This Act may be cited as the Commerce, Justice, Science, and Related Agencies Appropriations Act, 2024 July 13, 2023 Read twice and placed on the calendar

Commerce, Justice, Science, and Related Agencies Appropriations Act, 2024