Public Law 117-263 National Defense Authorization Act for Fiscal Year 2023

H. R. 7776

One Hundred Seventeenth Congress
of the
United States of America
AT T H E S E C O N D S E S S I O N
Begun and held at the City of Washington on Monday,
the third day of January, two thousand and twenty-two

An Act
To authorize appropriations for fiscal year 2023 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year,
and for other purposes.

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.

(a) IN GENERAL.—This Act may be cited as the ‘‘James M.
Inhofe National Defense Authorization Act for Fiscal Year 2023’’.
(b) REFERENCES.—Any reference in this or any other Act to
the ‘‘National Defense Authorization Act for Fiscal Year 2023’’ shall
be deemed to be a reference to the ‘‘James M. Inhofe National
Defense Authorization Act for Fiscal Year 2023’’.
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.

(a) DIVISIONS.—This Act is organized into 11 divisions as follows:
(1) Division A—Department of Defense Authorizations.
(2) Division B—Military Construction Authorizations.
(3) Division C—Department of Energy National Security
Authorizations and Other Authorizations.
(4) Division D—Funding Tables.
(5) Division E—Non-Department of Defense Matters.
(6) Division F—Intelligence Authorization Act for Fiscal
Year 2023.
(7) Division G—Homeland Security.
(8) Division H—Water Resources.
(9) Division I—Department of State Authorizations.
(10) Division J—Oceans and Atmosphere.
(11) Division K—Don Young Coast Guard Authorization
Act of 2022.
(b) TABLE OF CONTENTS.—The table of contents for this Act
is as follows:
Sec.
Sec.
Sec.
Sec.
Sec.

1.
2.
3.
4.
5.

Short title.
Organization of Act into divisions; table of contents.
Congressional defense committees.
Budgetary effects of this Act.
Explanatory statement.
DIVISION A—DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I—PROCUREMENT
Subtitle A—Authorization of Appropriations

Sec. 101. Authorization of appropriations.

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Subtitle B—Army Programs
Sec. 111. Limitations on production of Extended Range Cannon Artillery howitzers.
Subtitle C—Navy Programs
Sec. 121. Requirements relating to EA–18G aircraft of the Navy.
Sec. 122. Navy shipbuilding workforce development special incentive.
Sec. 123. Extension of prohibition on availability of funds for Navy port waterborne
security barriers.
Sec. 124. Limitation on authority to modify capabilities and fleet configuration of
E–6B aircraft.
Sec. 125. Multiyear procurement authority for Arleigh Burke class destroyers.
Sec. 126. Procurement authority for Ship-to-Shore Connector program.
Sec. 127. Procurement authority for CH–53K heavy lift helicopter program.
Sec. 128. Procurement authorities for John Lewis-class fleet replenishment oiler
ships.
Sec. 129. Procurement authorities for certain amphibious shipbuilding programs.
Sec. 130. Contracts for design and construction of the DDG(X) destroyer program.
Sec. 131. Tomahawk and Standard Missile–6 capability on FFG–62 class vessels.
Sec. 132. Report on advance procurement for CVN–82 and CVN–83.
Sec. 133. Quarterly briefings on the CH–53K King Stallion helicopter program.
Subtitle D—Air Force Programs
Sec. 141. Modification of inventory requirements for aircraft of the combat air
forces.
Sec. 142. Inventory and other requirements relating to air refueling tanker aircraft.
Sec. 143. Requirements relating to F–22 aircraft.
Sec. 144. Modification of exception to prohibition on certain reductions to B–1
bomber aircraft squadrons.
Sec. 145. Repeal of Air Force E–8C force presentation requirement.
Sec. 146. Minimum inventory of C–130 aircraft.
Sec. 147. Prohibition on availability of funds for retirement of C–40 aircraft.
Sec. 148. Prohibition on availability of funds for termination of production lines for
HH–60W aircraft.
Sec. 149. Prohibition on certain reductions to inventory of E–3 airborne warning
and control system aircraft.
Sec. 150. Limitation on divestment of F–15 aircraft.
Sec. 151. Authority to procure upgraded ejection seats for certain T–38A aircraft.
Sec. 152. Procurement authority for digital mission operations platform for the
Space Force.
Sec. 153. Digital transformation commercial software acquisition.
Sec. 154. Requirements study and strategy for the combat search and rescue mission of the Air Force.
Sec. 155. Plan for transfer of KC–135 aircraft to the Air National Guard.
Sec. 156. Annual reports on T–7A Advanced Pilot Training System.
Subtitle E—Defense-wide, Joint, and Multiservice Matters
Sec. 161. Increase in Air Force and Navy use of used commercial dual-use parts in
certain aircraft and engines.
Sec. 162. Assessment and strategy for fielding capabilities to counter threats posed
by unmanned aerial system swarms.
Sec. 163. Assessment and report on military rotary wing aircraft industrial base.
Sec. 164. Comptroller General audit of efforts to modernize the propulsion, power,
and thermal management systems of F–35 aircraft.
TITLE II—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A—Authorization of Appropriations
Sec. 201. Authorization of appropriations.
Subtitle B—Program Requirements, Restrictions, and Limitations
Sec. 211. Modification of cooperative research and development project authority.
Sec. 212. Clarification of role of senior official with principal responsibility for artificial intelligence and machine learning.
Sec. 213. Inclusion of Office of Under Secretary of Defense for Research and Engineering in personnel management authority to attract experts in science
and engineering.
Sec. 214. Modification of limitation on cancellation of designation of Executive
Agent for a certain Defense Production Act program.
Sec. 215. Support for research and development of bioindustrial manufacturing
processes.

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Sec. 216. Air-breathing and rocket booster testing capacity upgrades to support
critical hypersonic weapons development.
Sec. 217. Competitively awarded demonstrations and tests of electromagnetic warfare technology.
Sec. 218. Administration of the Advanced Sensor Applications Program.
Sec. 219. Quantifiable assurance capability for security of microelectronics.
Sec. 220. Government-Industry-Academia Working Group on Microelectronics.
Sec. 221. Target date for deployment of 5G wireless broadband infrastructure at all
military installations.
Sec. 222. Outreach to historically Black colleges and universities and other minority-serving institutions regarding National Security Innovation Network
programs that promote entrepreneurship and innovation at institutions
of higher education.
Sec. 223. Report and pilot program based on recommendations regarding defense
research capacity at historically Black colleges and universities and
other minority-serving institutions.
Sec. 224. Pilot program to support the development of patentable inventions in the
Department of the Navy.
Sec. 225. Pilot program to facilitate the development of battery technologies for
warfighters.
Subtitle C—Plans, Reports, and Other Matters
Sec. 231. Modification to annual reports of the Director of Operational Test and
Evaluation.
Sec. 232. Extension of requirement for quarterly briefings on strategy for fifth generation information and communications technologies.
Sec. 233. Plan for investments to support the development of novel processing approaches for defense applications.
Sec. 234. Plans to accelerate the transition to 5G information and communications
technology within the military departments.
Sec. 235. Plan for Defense Advanced Research Projects Agency Innovation Fellowship Program.
Sec. 236. Strategy and plan for fostering and strengthening the defense innovation
ecosystem.
Sec. 237. Assessment and strategy relating to hypersonic testing capacity of the Department of Defense.
Sec. 238. Annual report on studies and reports of federally funded research and development centers.
Sec. 239. Report on recommendations from Army Futures Command Research Program Realignment Study.
Sec. 240. Report on potential for increased utilization of the Electronic Proving
Grounds testing range.
Sec. 241. Study on costs associated with underperforming software and information
technology.
Sec. 242. Study and report on sufficiency of operational test and evaluation resources supporting certain major defense acquisition programs.
TITLE III—OPERATION AND MAINTENANCE
Subtitle A—Authorization of Appropriations
Sec. 301. Authorization of appropriations.
Subtitle B—Energy and Environment
Sec. 311. Center for Excellence in Environmental Security.
Sec. 312. Participation in pollutant banks and water quality trading.
Sec. 313. Consideration under Defense Environmental Restoration Program for
State-owned facilities of the National Guard with proven exposure of
hazardous substances and waste.
Sec. 314. Renewal of annual environmental and energy reports of Department of
Defense.
Sec. 315. Aggregation of energy conservation measures and funding.
Sec. 316. Additional special considerations for energy performance goals and energy
performance master plan.
Sec. 317. Purchase or lease of electric, zero emission, advanced-biofuel-powered, or
hydrogen-powered vehicles for the Department of Defense.
Sec. 318. Clarification and requirement for Department of Defense relating to renewable biomass and biogas.
Sec. 319. Programs of military departments on reduction of fuel reliance and promotion of energy-aware behaviors.
Sec. 320. Establishment of joint working group to determine joint requirements for
future operational energy needs of Department of Defense.

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Sec. 321. Amendment to budgeting of Department of Defense relating to extreme
weather.
Sec. 322. Prototype and demonstration projects for energy resilience at certain military installations.
Sec. 323. Pilot program for development of electric vehicle charging solutions to
mitigate grid stress.
Sec. 324. Pilot program on use of sustainable aviation fuel.
Sec. 325. Policy to increase disposition of spent advanced batteries through recycling.
Sec. 326. Guidance and target goal relating to formerly used defense sites programs.
Sec. 327. Analysis and plan for addressing heat island effect on military installations.
Sec. 328. Limitation on replacement of non-tactical vehicle fleet of Department of
Defense with electric vehicles, advanced-biofuel-powered vehicles, or hydrogen-powered vehicles.
Subtitle C—Red Hill Bulk Fuel Storage Facility
Sec. 331. Defueling of Red Hill Bulk Fuel Storage Facility.
Sec. 332. Authorization of closure of underground storage tank system at Red Hill
Bulk Fuel Storage Facility.
Sec. 333. Report on bulk fuel requirements applicable to United States Indo-Pacific
Command.
Sec. 334. Placement of sentinel or monitoring wells in proximity to Red Hill Bulk
Fuel Storage Facility.
Sec. 335. Studies relating to water needs of the Armed Forces on Oahu.
Sec. 336. Study on alternative uses for Red Hill Bulk Fuel Storage Facility.
Sec. 337. Briefing on Department of Defense efforts to track health implications of
fuel leaks at Red Hill Bulk Fuel Storage Facility.
Subtitle D—Treatment of Perfluoroalkyl Substances and Polyfluoroalkyl Substances
Sec. 341. Department of Defense research relating to perfluoroalkyl or
polyfluoroalkyl substances.
Sec. 342. 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. 343. Prizes for development of non-PFAS-containing turnout gear.
Sec. 344. Modification of limitation on disclosure of results of testing for
perfluoroalkyl or polyfluoroalkyl substances on private property.
Sec. 345. Restriction on procurement or purchasing by Department of Defense of
turnout gear for firefighters containing perfluoroalkyl substances or
polyfluoroalkyl substances.
Sec. 346. Annual report on PFAS contamination at certain military installations
from sources other than aqueous film-forming foam.
Sec. 347. Report on critical PFAS uses; briefings on Department of Defense procurement of certain items containing PFOS or PFOA.
Subtitle E—Logistics and Sustainment
Sec. 351. Resources required for achieving materiel readiness metrics and objectives for major defense acquisition programs.
Sec. 352. Annual plan for maintenance and modernization of naval vessels.
Sec. 353. Inclusion of information regarding joint medical estimates in readiness
reports.
Sec. 354. Inapplicability of advance billing dollar limitation for relief efforts following major disasters or emergencies.
Sec. 355. Repeal of Comptroller General review on time limitations on duration of
public-private competitions.
Sec. 356. Implementation of Comptroller General recommendations regarding Shipyard Infrastructure Optimization Plan of the Navy.
Sec. 357. Limitation on availability of funds for military information support operations.
Sec. 358. Notification of modification to policy regarding retention rates for Navy
ship repair contracts.
Sec. 359. Research and analysis on capacity of private shipyards in United States
and effect of those shipyards on Naval fleet readiness.
Sec. 360. Independent study relating to fuel distribution logistics across United
States Indo-Pacific Command.
Sec. 361. Quarterly briefings on expenditures for establishment of fuel distribution
points in United States Indo-Pacific Command area of responsibility.
Subtitle F—Matters Relating to Depots and Ammunition Production Facilities
Sec. 371. Budgeting for depot and ammunition production facility maintenance and
repair: annual report.

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Sec. 372. Extension of authorization of depot working capital funds for unspecified
minor military construction.
Sec. 373. Five-year plans for improvements to depot and ammunition production facility infrastructure.
Sec. 374. Modification to minimum capital investment for certain depots.
Sec. 375. Continuation of requirement for biennial report on core depot-level maintenance and repair.
Sec. 376. Continuation of requirement for annual report on funds expended for performance of depot-level maintenance and repair workloads.
Sec. 377. Clarification of calculation for certain workload carryover of Department
of the Army.
Subtitle G—Other Matters
Sec. 381. Annual reports by Deputy Secretary of Defense on activities of Joint Safety Council.
Sec. 382. Accountability for Department of Defense contractors using military
working dogs.
Sec. 383. Membership of Coast Guard on Joint Safety Council.
Sec. 384. Inclusion in report on unfunded priorities National Guard responsibilities
in connection with natural and man-made disasters.
Sec. 385. Support for training of National Guard personnel on wildfire prevention
and response.
Sec. 386. Interagency collaboration and extension of pilot program on military
working dogs and explosives detection.
Sec. 387. Amendment to the Sikes Act.
Sec. 388. National standards for Federal fire protection at military installations.
Sec. 389. Pilot programs for tactical vehicle safety data collection.
Sec. 390. Requirements relating to reduction of out-of-pocket costs of members of
the Armed Forces for uniform items.
Sec. 391. Implementation of recommendations relating to animal facility sanitation
and plan for housing and care of horses.
Sec. 392. Continued designation of Secretary of the Navy as executive agent for
Naval Small Craft Instruction and Technical Training School.
Sec. 393. Prohibition on use of funds for retirement of legacy maritime mine countermeasures platforms.
TITLE IV—MILITARY PERSONNEL AUTHORIZATION
Subtitle A—Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. End strength level matters.
Sec. 403. Additional authority to vary Space Force end strength.
Sec.
Sec.
Sec.
Sec.

411.
412.
413.
414.

Subtitle B—Reserve Forces
End strengths for Selected Reserve.
End strengths for reserves on active duty in support of the Reserves.
End strengths for military technicians (dual status).
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 strengths for Space Force officers on active duty in grades of
major, lieutenant colonel, and colonel.
Sec. 502. Distribution of commissioned officers on active duty in general officer and
flag officer grades.
Sec. 503. Redistribution of Naval officers serving on active duty in the grades of O8 and O-9.
Sec. 504. Authorized strength after December 31, 2022: general officers and flag officers on active duty.
Sec. 505. Extension of grade retention for certain officers awaiting retirement.
Sec. 506. Exclusion of officers serving as lead special trial counsel from limitations
on authorized strengths for general and flag officers.
Sec. 507. Constructive service credit for certain officers of the Armed Forces.
Sec. 508. Improvements to the selection of warrant officers in the military departments for promotion.
Sec. 509. Advice and consent requirement for waivers of mandatory retirement for
Superintendents of military service academies.

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Sec. 509A. Modification of reports on Air Force personnel performing duties of a
Nuclear and Missile Operations Officer (13N).
Sec. 509B. Assessments of staffing in the Office of the Secretary of Defense and
other Department of Defense headquarters offices.
Sec. 509C. GAO review of certain officer performance evaluations.
Sec. 509D. Study of chaplains.
Subtitle B—Reserve Component Management
Sec. 511. Inclusion of additional information on the Senior Reserve Officers’ Training Corps in reports accompanying the national defense strategy.
Sec. 512. Expansion of eligibility to serve as an instructor in the Junior Reserve Officers’ Training Corps.
Sec. 513. Backdating of effective date of rank for reserve officers in the National
Guard due to undue delays in Federal recognition.
Sec. 514. Inspections of the National Guard.
Sec. 515. Authority to waive requirement that performance of Active Guard and
Reserve duty at the request of a Governor may not interfere with certain duties.
Sec. 516. Continued National Guard support for FireGuard program.
Sec. 517. Enhancement of National Guard Youth Challenge Program.
Sec. 518. Notice to Congress before certain actions regarding units of certain reserve components.
Sec. 519. Independent study on Federal recognition of National Guard officers.
Sec. 519A. Review and update of report on geographic dispersion of Junior Reserve
Officers’ Training Corps.
Sec. 519B. Briefing on duties of the Army Interagency Training and Education
Center.
Subtitle C—General Service Authorities and Military Records
Sec. 521. Consideration of adverse information by special selection review boards.
Sec. 522. Expansion of eligibility for direct acceptance of gifts by members of the
Armed Forces and Department of Defense and Coast Guard employees
and their families.
Sec. 523. Limitation of extension of period of active duty for a member who accepts
a fellowship, scholarship, or grant.
Sec. 524. Expansion of mandatory characterizations of administrative discharges of
certain members on the basis of failure to receive COVID-19 vaccine.
Sec. 525. Rescission of COVID-19 vaccination mandate.
Sec. 526. Temporary exemption from end strength grade restrictions for the Space
Force.
Sec. 527. Notification to next of kin upon the death of a member of the Armed
Forces: study; update; training; report.
Sec. 528. Gender-neutral fitness physical readiness standards for military occupational specialties of the Army.
Sec. 529. Recurring report regarding COVID-19 mandate.
Sec. 530. Sense of Congress regarding women involuntarily separated from the
Armed Forces due to pregnancy or parenthood.
Subtitle D—Recruitment and Retention
Sec. 531. Treatment of personally identifiable information regarding prospective recruits.
Sec. 532. Revival and extension of temporary authority for targeted recruitment incentives.
Sec. 533. Report on recruiting efforts of certain Armed Forces.
Sec. 534. Review of marketing and recruiting of the Department of Defense.
Sec. 535. Report on Department of Defense recruitment advertising to racial and
ethnic minority communities.
Sec. 536. Improving oversight of military recruitment practices in public secondary
schools.
Sec. 537. Best practices for the retention of certain female members of the Armed
Forces.
Sec. 538. Review of certain personnel policies of special operations forces.
Sec. 539. Support for members who perform duties regarding remotely piloted aircraft: study; report.
Sec. 539A. Retention and recruitment of members of the Army who specialize in air
and missile defense systems.
Subtitle E—Military Justice and Other Legal Matters
Sec. 541. Matters in connection with special trial counsel.
Sec. 542. Technical corrections relating to special trial counsel.
Sec. 543. Randomization of court-martial panels.

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Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

544.
545.
546.
547.
548.

Jurisdiction of Courts of Criminal Appeals.
Special trial counsel of the Department of the Air Force.
Independent investigation of sexual harassment.
Primary prevention research agenda and workforce.
Limitation on availability of funds for relocation of Army CID special
agent training course.
549. Review of titling and indexing practices of the Army and certain other organizations.
549A. Briefing and report on resourcing required for implementation of military justice reform.
549B. Report on sharing information with counsel for victims of offenses under
the Uniform Code of Military Justice.
549C. Dissemination of civilian legal services information.

Subtitle F—Member Education
Sec. 551. Authorization of certain support for military service academy foundations.
Sec. 552. Individuals from the District of Columbia who may be considered for appointment to military service academies.
Sec. 553. Agreement by a cadet or midshipman to play professional sport constitutes a breach of agreement to serve as an officer.
Sec. 554. Naval Postgraduate School and United States Air Force Institute of Technology: terms of Provosts and Chief Academic Officers.
Sec. 555. Naval Postgraduate School: attendance by enlisted members.
Sec. 556. Modification of annual report on demographics of military service academy applicants.
Sec. 557. Study and report on professional military education.
Sec. 558. Report on treatment of China in curricula of professional military education.
Subtitle G—Member Training and Transition
Sec. 561. Codification of Skillbridge program.
Sec. 562. Pilot program on remote personnel processing in the Army.
Sec. 563. Annual report on members separating from active duty who file claims
for disability benefits.
Sec. 564. Female members of certain Armed Forces and civilian employees of the
Department of Defense in STEM.
Subtitle H—Military Family Readiness and Dependents’ Education
Sec. 571. Clarification and expansion of authorization of support for chaplain-led
programs for members of the Armed Forces.
Sec. 572. Pilot program to expand eligibility for enrollment at domestic dependent
elementary and secondary schools: extension; report.
Sec. 573. Commercial air waiver for next of kin regarding transportation of remains of casualties.
Sec. 574. Certain assistance to local educational agencies that benefit dependents
of military and civilian personnel.
Sec. 575. 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. 576. Pilot program on hiring of special needs inclusion coordinators for Department of Defense child development centers.
Sec. 577. Promotion of certain child care assistance.
Sec. 578. Industry roundtable on military spouse hiring.
Sec. 579. Recommendations for the improvement of the Military Interstate Children’s Compact.
Sec. 579A. Feasibility of inclusion of au pairs in pilot program to provide financial
assistance to members of the Armed Forces for in-home child care.
Sec. 579B. Briefing on policies regarding single parents serving as members of the
Armed Forces.
Sec. 579C. Public reporting on certain military child care programs.
Sec. 579D. Briefing on verification of eligible federally connected children for purposes of Federal impact aid programs.
Sec. 579E. Sense of Congress on rights of parents of children attending schools operated by the Department of Defense Education Activity.
Subtitle I—Decorations, Awards, and Other Honors
Sec. 581. Clarification of procedure for boards for the correction of military records
to review determinations regarding certain decorations.
Sec. 582. Authorizations for certain awards.
Sec. 583. Posthumous appointment of Ulysses S. Grant to grade of General of the
Armies of the United States.

H. R. 7776—8
Sec. 584. Enhanced information related to awarding of the Purple Heart.
Subtitle J—Miscellaneous Reports and Other Matters
Sec. 591. Report on non-citizen members of the Armed Forces.
Sec. 592. Notification on manning of afloat naval forces: modifications; codification.
Sec. 593. Clarification of authority of NCMAF to update Chaplains Hill at Arlington National Cemetery.
Sec. 594. Disinterment of remains of Andrew Chabrol from Arlington National
Cemetery.
Sec. 595. Pilot program on safe storage of personally owned firearms.
Sec. 596. Pilot program on car sharing on remote or isolated military installations.
Sec. 597. Briefing on the effects of economic inflation on members of the Armed
Forces.
Sec. 598. Study on improvement of access to voting for members of the Armed
Forces overseas.
Sec. 599. Report on incidence of military suicides by military job code.
Sec. 599A. Report on efforts to prevent and respond to deaths by suicide in the
Navy.
Sec. 599B. Report on officer personnel management and the development of the
professional military ethic of the Space Force.
TITLE VI—COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A—Bonus and Incentive Pays
Sec. 601. One-year extension of certain expiring bonus and special pay authorities.
Sec. 602. Increase to maximum amounts of certain bonus and special pay authorities.
Sec. 603. Cold weather duty: authorization of assignment or special duty pay; travel allowance for members of the Armed Forces assigned to Alaska.
Sec. 604. Air Force rated officer retention demonstration program.
Subtitle B—Allowances Other Than Travel and Transportation Allowances
Sec. 611. Increases in maximum allowable income for purposes of eligibility for
basic needs allowance.
Sec. 612. Extension of authority to temporarily adjust basic allowance for housing
in certain areas.
Sec. 613. Temporary continuation of rate of basic allowance for housing for members of the Armed Forces whose sole dependent dies while residing with
the member.
Sec. 614. Basic allowance for housing for members without dependents when home
port change would financially disadvantage member.
Sec. 615. Revival and redesignation of provision establishing benefits for certain
members assigned to the Defense Intelligence Agency.
Sec. 616. Extension of one-time uniform allowance for officers who transfer to the
Space Force.
Sec. 617. OCONUS cost of living allowance: adjustments; notice to certain congressional committees.
Subtitle C—Travel and Transportation Allowances
Sec. 621. Allowable travel and transportation allowances: complex overhaul.
Sec. 622. Expansion of authority to reimburse a member of the uniformed services
for spousal business costs arising from a permanent change of station.
Sec. 623. Extension of authority to reimburse members for spouse relicensing costs
pursuant to a permanent change of station.
Sec. 624. Reimbursement of a member of the uniformed services for costs to relocate a pet that arise from a permanent change of station.
Sec. 625. Travel and transportation allowances for certain members of the Armed
Forces who attend a professional military education institution or training classes.
Sec. 626. Conforming amendments to update references to travel and transportation authorities.
Sec. 627. Pilot program to reimburse members of the Armed Forces for certain
child care costs incident to a permanent change of station or assignment.
Subtitle D—Leave
Sec. 631. Technical amendments to leave entitlement and accumulation.
Sec. 632. Modification of authority to allow members of the Armed Forces to accumulate leave in excess of 60 days.
Sec. 633. Convalescent leave for a member of the Armed Forces.
Subtitle E—Family and Survivor Benefits
Sec. 641. Claims relating to the return of personal effects of a deceased member of
the Armed Forces.

H. R. 7776—9
Sec.
Sec.
Sec.
Sec.

642.
643.
644.
645.

Extension of parent fee discount to child care employees.
Survivor Benefit Plan open season.
Military installations with limited child care: briefing.
Food insecurity among military families: data collection; training; report.

Subtitle F—Defense Resale Matters
Sec. 651. Prohibition of the sale of certain goods from the Xinjiang Uyghur Autonomous Region in commissaries and exchanges.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

661.
662.
663.
664.
665.
666.

Subtitle G—Miscellaneous Studies, Briefings and Reports
Study on basic pay.
Report on accuracy of basic allowance for housing.
Review of dislocation and relocation allowances.
Complex overhaul pay: briefing.
Studies on compensation for DOD child care providers.
Barriers to home ownership for members of the Armed Forces: study; report.
TITLE VII—HEALTH CARE PROVISIONS

Sec. 701.
Sec. 702.
Sec. 703.
Sec. 704.
Sec. 705.
Sec. 706.
Sec. 707.
Sec. 708.
Sec. 709.

Subtitle A—TRICARE and Other Health Care Benefits
Improvements to TRICARE dental program.
Health benefits for members of the National Guard following required
training or other duty to respond to a national emergency.
Improvement of referrals for specialty care under TRICARE Prime during
permanent changes of station.
Confidentiality requirements for mental health care services for members
of the Armed Forces.
Audit of behavioral health care network providers listed in TRICARE directory.
Independent analysis of quality and patient safety review process under
direct care component of TRICARE program.
Study on providing benefits under TRICARE Reserve Select and
TRICARE dental program to members of the Selected Reserve and dependents thereof.
GAO study on certain contracts relating to TRICARE program and oversight of such contracts.
GAO study on coverage of mental health services under TRICARE program and relationship to certain mental health parity laws.

Subtitle B—Health Care Administration
Sec. 711. Accountability for wounded warriors undergoing disability evaluation.
Sec. 712. Inclusion of level three trauma care capabilities in requirements for medical centers.
Sec. 713. Centers of excellence for specialty care in military health system.
Sec. 714. Maintenance of Core Casualty Receiving Facilities to improve medical
force readiness.
Sec. 715. Congressional notification requirement to modify scope of services provided at military medical treatment facilities.
Sec. 716. Improvements to processes to reduce financial harm caused to civilians
for care provided at military medical treatment facilities.
Sec. 717. Authority to carry out studies and demonstration projects relating to delivery of health and medical care through use of other transaction authority.
Sec. 718. Licensure requirement for certain health-care professionals providing
services as part of mission relating to emergency, humanitarian, or refugee assistance.
Sec. 719. Authorization of permanent program to improve opioid management in
the military health system.
Sec. 720. Modification of requirement to transfer research and development and
public health functions to Defense Health Agency.
Sec. 721. Access to certain dependent medical records by remarried former spouses.
Sec. 722. Authority for Department of Defense program to promote early literacy
among certain young children.
Sec. 723. Plan for Accountable Care Organization demonstration.
Sec. 724. Feasibility study and plan on establishing a Military Health System Medical Logistics Directorate and Military Health System Education and
Training Directorate.
Subtitle C—Reports and Other Matters
Sec. 731. Briefing and report on reduction or realignment of military medical manning and medical billets.

H. R. 7776—10
Sec. 732. Independent analysis of Department of Defense Comprehensive Autism
Care Demonstration program.
Sec. 733. Clarification of membership requirements and compensation authority for
independent suicide prevention and response review committee.
Sec. 734. Termination of veterans’ advisory board on radiation dose reconstruction.
Sec. 735. Brain health initiative of Department of Defense.
Sec. 736. Establishment of partnership program between United States and
Ukraine for military trauma care and research.
Sec. 737. Improvements relating to behavioral health care available under military
health system.
Sec. 738. Certification program in provision of mental health services to members
of the Armed Forces and military families.
Sec. 739. Standardization of policies relating to service in Armed Forces by individuals diagnosed with HBV.
Sec. 740. Suicide cluster: standardized definition for use by Department of Defense;
congressional notification.
Sec. 741. Limitation on reduction of military medical manning end strength: certification requirement and other reforms.
Sec. 742. Feasibility study on establishment of Department of Defense internship
programs relating to civilian behavioral health providers.
Sec. 743. Updates to prior feasibility studies on establishment of new command on
defense health.
Sec. 744. Capability assessment and action plan with respect to effects of exposure
to open burn pits and other environmental hazards.
Sec. 745. Kyle Mullen Navy SEAL medical training review.
Sec. 746. Reports on composition of medical personnel of each military department
and related matters.
Sec. 747. Report on effects of low recruitment and retention on operational tempo
and physical and mental health of members of the Armed Forces.
Sec. 748. Guidance for addressing healthy relationships and intimate partner violence through TRICARE Program.
Sec. 749. Briefing on suicide prevention reforms for members of the Armed Forces.
TITLE VIII—ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND
RELATED MATTERS
Subtitle A—Acquisition Policy and Management
Sec. 801. Writing award to encourage curiosity and persistence in overcoming obstacles in acquisition.
Sec. 802. Task and delivery order contracting for architectural and engineering
services.
Sec. 803. Data requirements for commercial products for major weapon systems.
Sec. 804. Revision of authority for procedures to allow rapid acquisition and deployment of capabilities needed under specified high-priority circumstances.
Sec. 805. Treatment of certain clauses implementing Executive orders.
Sec. 806. Life cycle management and product support.
Sec. 807. Amendments to contractor employee protections from reprisal for disclosure of certain information.
Sec. 808. Use of fixed-price type contracts for certain major defense acquisition programs.
Sec. 809. Acquisition reporting system.
Subtitle B—Amendments to General Contracting Authorities, Procedures, and
Limitations
Sec. 811. Inclusion in budget justification materials of enhanced reporting on proposed cancellations and modifications to multiyear contracts.
Sec. 812. Comptroller General assessment of acquisition programs and related efforts.
Sec. 813. Extension of Defense Modernization Account authority.
Sec. 814. Clarification to fixed-price incentive contract references.
Sec. 815. Modification of reporting requirement in connection with requests for
multiyear procurement authority for large defense acquisitions.
Sec. 816. Modification of provision relating to determination of certain activities
with unusually hazardous risks.
Sec. 817. Modification to prohibition on operation or procurement of foreign-made
unmanned aircraft systems.
Sec. 818. Extension of pilot program to accelerate contracting and pricing processes.
Sec. 819. Extension of pilot program for distribution support and services for weapons systems contractors.
Sec. 820. Extension and modification of Never Contract with the Enemy.

H. R. 7776—11
Sec. 821. Repeal of requirement for Inspector General of the Department of Defense to conduct certain reviews.
Sec. 822. Modification of contracts to provide extraordinary relief due to inflation
impacts.
Subtitle C—Provisions Relating to Acquisition Workforce
Sec. 831. Key experiences and enhanced pay authority for acquisition workforce excellence.
Sec. 832. Defense Acquisition University reforms.
Sec. 833. Modifications to Defense Civilian Training Corps.
Sec. 834. Acquisition workforce incentives relating to training on, and agreements
with, certain start-up businesses.
Sec. 835. Curricula on software acquisitions and cybersecurity software or hardware acquisitions for covered individuals.
Sec. 836. Department of Defense national imperative for industrial skills program.
Subtitle D—Provisions Relating to Software and Technology
Sec. 841. Guidelines and resources on the acquisition or licensing of intellectual
property.
Sec. 842. Modification of authority of the Department of Defense to carry out certain prototype projects.
Sec. 843. Other transaction authority clarification.
Sec. 844. Prizes for advanced technology achievements.
Sec. 845. Congressional notification for pilot program to accelerate the procurement
and fielding of innovative technologies.
Sec. 846. Report on software delivery times.
Subtitle E—Industrial Base Matters
Sec. 851. Modification to the national technology and industrial base.
Sec. 852. Modification to miscellaneous limitations on the procurement of goods
other than United States goods.
Sec. 853. Requirements for the procurement of certain components for certain naval
vessels and auxiliary ships.
Sec. 854. Modifications to the procurement technical assistance program.
Sec. 855. Codification of prohibition on certain procurements from the Xinjiang
Uyghur Autonomous Region.
Sec. 856. Codification of the Department of Defense Mentor–Protege Program.
Sec. 857. Procurement requirements relating to rare earth elements and strategic
and critical materials.
Sec. 858. Analyses of certain activities for action to address sourcing and industrial
capacity.
Sec. 859. Demonstration exercise of enhanced planning for industrial mobilization
and supply chain management.
Sec. 860. Risk management for Department of Defense pharmaceutical supply
chains.
Sec. 861. Strategy for increasing competitive opportunities for certain critical technologies.
Sec. 862. Key advanced system development industry days.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

871.
872.
873.
874.
875.
876.

Subtitle F—Small Business Matters
Codification of Small Business Administration scorecard.
Modifications to the SBIR and STTR programs.
Access to data on bundled or consolidated contracts.
Small business integration working group.
Demonstration of commercial due diligence for small business programs.
Development and assessment of mission effectiveness metrics.

Subtitle G—Other Matters
Sec. 881. Technical correction to effective date of the transfer of certain title 10 acquisition provisions.
Sec. 882. Security clearance bridge pilot program.
Sec. 883. Existing agreement limits for Operation Warp Speed.
Sec. 884. Incorporation of controlled unclassified information guidance into program classification guides and program protection plans.
TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT
Subtitle A—Office of the Secretary of Defense and Related Matters
Sec. 901. Increase in authorized number of Assistant and Deputy Assistant Secretaries of Defense.

H. R. 7776—12
Sec. 902. Conforming amendments relating to repeal of position of Chief Management Officer.
Sec. 903. Limitation on use of funds pending demonstration of product to identify,
task, and manage congressional reporting requirements.
Sec. 904. Limitation on use of funds pending compliance with requirements relating to alignment of Close Combat Lethality Task Force.
Subtitle B—Other Department of Defense Organization and Management Matters
Sec. 911. Updates to management reform framework.
Sec. 912. Briefing on changes to Unified Command Plan.
Sec. 913. Clarification of peacetime functions of the Navy.
Sec. 914. Responsibilities and functions relating to electromagnetic spectrum operations.
Sec. 915. Joint all domain command and control.
Sec. 916. Strategic management dashboard demonstration.
Sec. 917. Demonstration program for component content management systems.
Sec. 918. Report on potential transition of all members of the Space Force into a
single component.
TITLE X—GENERAL PROVISIONS
Subtitle A—Financial Matters
Sec. 1001. General transfer authority.
Sec. 1002. Sense of Congress relating to the corrective action plans review process.
Sec. 1003. Annual reports on budgetary effects of inflation.
Subtitle B—Counterdrug Activities
Sec. 1011. Extension of authority to support a unified counterdrug and counterterrorism campaign in Colombia.
Subtitle C—Naval Vessels and Shipyards
Sec. 1021. Modification to annual naval vessel construction plan.
Sec. 1022. Navy consultation with Marine Corps on major decisions directly concerning Marine Corps amphibious force structure and capability.
Sec. 1023. Amphibious warship force structure.
Sec. 1024. Modification to limitation on decommissioning or inactivating battle
force ships before end of expected service life.
Sec. 1025. Amphibious warfare ship assessment and requirements.
Sec. 1026. Battle force ship employment, maintenance, and manning baseline
plans.
Sec. 1027. Withholding of certain information about sunken military crafts.
Sec. 1028. Business case analyses on disposition of certain Government-owned drydocks.
Sec. 1029. Prohibition on retirement of certain naval vessels.
Subtitle D—Counterterrorism
Sec. 1031. 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. 1032. 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. 1033. Modification and extension of prohibition on use of funds for transfer or
release of individuals detained at United States Naval Station, Guantanamo Bay, Cuba, to certain countries.
Sec. 1034. Extension of prohibition on use of funds to close or relinquish control of
United States Naval Station, Guantanamo Bay, Cuba.
Subtitle E—Miscellaneous Authorities and Limitations
Sec. 1041. Submission of national defense strategy in classified and unclassified
form.
Sec. 1042. Department of Defense support for funerals and memorial events for
Members and former Members of Congress.
Sec. 1043. Modification of authority for humanitarian demining assistance and
stockpiled conventional munitions assistance.
Sec. 1044. Modification of provisions relating to anomalous health incidents.
Sec. 1045. Security clearances for recently separated members of the Armed Forces
and civilian employees of the Department of Defense.
Sec. 1046. Integrated and authenticated access to Department of Defense systems
for certain congressional staff for oversight purposes.

H. R. 7776—13
Sec. 1047. Introduction of entities in transactions critical to national security.
Sec. 1048. Joint training pipeline between United States Navy and Royal Australian Navy.
Sec. 1049. Standardization of sectional barge construction for Department of Defense use on rivers and intercoastal waterways.
Sec. 1050. Department of Defense support for recently enacted commissions.
Subtitle F—Studies and Reports
Sec. 1051. Modification of annual report on unfunded priorities.
Sec. 1052. Congressional notification of military information support operations in
the information environment.
Sec. 1053. Modification and continuation of reporting requirement relating to humanitarian assistance.
Sec. 1054. Briefing on Global Force Management Allocation Plan.
Sec. 1055. Report and budget details regarding Operation Spartan Shield.
Sec. 1056. Annual report on civilian casualties in connection with United States
military operations.
Sec. 1057. Extension of certain reporting deadlines.
Sec. 1058. Extension and modification of reporting requirement regarding enhancement of information sharing and coordination of military training between Department of Homeland Security and Department of Defense.
Sec. 1059. Continuation of requirement for annual report on National Guard and
reserve component equipment.
Sec. 1060. Modification of authority of Secretary of Defense to transfer excess aircraft to other departments of the Federal Government and authority to
transfer excess aircraft to States.
Sec. 1061. Combatant command risk assessment for airborne intelligence, surveillance, and reconnaissance.
Sec. 1062. Study on military training routes and special use air space near wind
turbines.
Sec. 1063. Annual reports on safety upgrades to the high mobility multipurpose
wheeled vehicle fleets.
Sec. 1064. Department of Defense delays in providing comments on Government
Accountability Office reports.
Sec. 1065. Justification for transfer or elimination of certain flying missions.
Sec. 1066. Reports on United States military force presence in Europe.
Sec. 1067. Report on Department of Defense practices regarding distinction between combatants and civilians in United States military operations.
Sec. 1068. Report on strategy and improvement of community engagement efforts
of Armed Forces in Hawaii.
Sec. 1069. Report on Department of Defense military capabilities in the Caribbean.
Sec. 1070. Quarterly briefings on Department of Defense support for civil authorities to address immigration at the southwest border.
Sec. 1071. Annual report on procurement of equipment by State and local governments through the Department of Defense.
Sec. 1072. Briefing on financial oversight of certain educational institutions receiving Department of Defense funds.
Sec. 1073. Report on effects of certain ethics requirements on Department of Defense hiring, retention, and operations.
Sec. 1074. Joint Concept for Competing.
Sec. 1075. Analysis of feasibility and advisability of relocating major units of the
United States Armed Forces to certain European countries.
Sec. 1076. Report on effects of strategic competitor naval facilities in Africa.
Sec.
Sec.
Sec.
Sec.

1081.
1082.
1083.
1084.

Sec. 1085.
Sec. 1086.
Sec. 1087.
Sec. 1088.
Sec. 1089.
Sec. 1090.
Sec. 1091.

Subtitle G—Other Matters
Technical and conforming amendments.
Department of Defense Civilian Protection Center of Excellence.
Ronald V. Dellums Memorial Fellowship in STEM.
Amendment to memorial for members of the Armed Forces killed in attack on Hamid Karzai International Airport.
Public availability of cost of certain military operations.
Combating military reliance on Russian energy.
Establishment of joint force headquarters in area of operations of United
States Indo-Pacific Command.
National tabletop exercise.
Personnel supporting the Office of the Assistant Secretary of Defense for
Special Operations and Low Intensity Conflict.
Sense of Congress on redesignation of the Africa Center for Strategic
Studies as the James M. Inhofe Center for Africa Strategic Studies.
Integration of electronic warfare into Tier 1 and Tier 2 joint training exercises.

H. R. 7776—14
Sec. 1092. National Commission on the Future of the Navy.
Sec. 1093. Dynamic airspace pilot program.
TITLE XI—CIVILIAN PERSONNEL MATTERS
Sec. 1101. Restricted reporting option for Department of Defense civilian employees
choosing to report experiencing adult sexual assault.
Sec. 1102. Modification and extension of authority to waive annual limitation on
premium pay and aggregate limitation on pay for Federal civilian employees working overseas.
Sec. 1103. One-year extension of temporary authority to grant allowances, benefits,
and gratuities to civilian personnel on official duty in a combat zone.
Sec. 1104. Standardized credentials for law enforcement officers of the Department
of Defense.
Sec. 1105. Temporary extension of authority to provide security for former Department of Defense officials.
Sec. 1106. Enhanced pay authority for certain research and technology positions in
science and technology reinvention laboratories.
Sec. 1107. Flexible workplace programs.
Sec. 1108. Eligibility of Department of Defense employees in time-limited appointments to compete for permanent appointments.
Sec. 1109. Modification to personnel management authority to attract experts in
science and engineering.
Sec. 1110. Modification and extension of pilot program on dynamic shaping of the
workforce to improve the technical skills and expertise at certain department of defense laboratories.
Sec. 1111. Modification of temporary expansion of authority for noncompetitive appointments of military spouses by federal agencies.
Sec. 1112. Modification to pilot program for the temporary assignment of cyber and
information technology personnel to private sector organizations.
TITLE XII—MATTERS RELATING TO FOREIGN NATIONS
Sec. 1201.
Sec. 1202.
Sec. 1203.
Sec. 1204.
Sec. 1205.
Sec. 1206.
Sec. 1207.
Sec. 1208.
Sec. 1209.
Sec. 1210.
Sec. 1211.
Sec. 1212.

Subtitle A—Assistance and Training
Payment of personnel expenses necessary for participation in training
program conducted by Colombia under the United States-Colombia Action Plan for Regional Security.
Modifications to Reports on Security Cooperation.
Modification of authority for participation in multinational centers of
excellence.
Modification of existing authorities to provide for an Irregular Warfare
Center and a Regional Defense Fellowship Program.
Modification to authority to provide support for conduct of operations.
Extension and modification of authority for reimbursement of certain
coalition nations for support provided to United States military operations.
Modification and extension of authority to support border security operations of certain foreign countries.
Security cooperation programs with foreign partners to advance women,
peace, and security.
Review of implementation of prohibition on use of funds for assistance
to units of foreign security forces that have committed a gross violation
of human rights.
Independent assessment of United States efforts to train, advise, assist,
and equip the military forces of Somalia.
Security cooperation activities at Counter-UAS University.
Defense Operational Resilience International Cooperation Pilot Program.

Subtitle B—Matters Relating to Afghanistan and Pakistan
Sec. 1221. Extension of authority for certain payments to redress injury and loss.
Sec. 1222. Additional matters for inclusion in reports on oversight in Afghanistan.
Sec. 1223. Prohibition on transporting currency to the Taliban and the Islamic
Emirate of Afghanistan.
Subtitle C—Matters Relating to Syria, Iraq, and Iran
Modification of annual report on the military capabilities of Iran and
related activities.
Sec. 1232. Extension of authority to support operations and activities of the Office
of Security Cooperation in Iraq.
Sec. 1233. Extension of authority to provide assistance to vetted Syrian groups and
individuals.
Sec. 1231.

H. R. 7776—15
Sec. 1234. Extension and modification of authority to provide assistance to counter
the Islamic State of Iraq and Syria.
Sec. 1235. Prohibition on transfers to Iran.
Sec. 1236. Report on Islamic Revolutionary Guard Corps-affiliated operatives
abroad.
Sec. 1237. Assessment of support to Iraqi Security Forces and Kurdish Peshmerga
Forces to counter air and missile threats.
Sec. 1238. Interagency strategy to disrupt and dismantle narcotics production and
trafficking and affiliated networks linked to the regime of Bashar alAssad in Syria.
Sec. 1239. Prohibition on transfers to Badr Organization.
Sec. 1240. Report on United Nations arms embargo on Iran.
Subtitle D—Matters Relating to Russia
Sec. 1241. Modification and extension of Ukraine Security Assistance Initiative.
Sec. 1242. Extension of limitation on military cooperation between the United
States and Russia.
Sec. 1243. Modification to annual report on military and security developments involving the Russian Federation.
Sec. 1244. Temporary authorizations related to Ukraine and other matters.
Sec. 1245. Prohibition on availability of funds relating to sovereignty of the Russian Federation over internationally recognized territory of Ukraine.
Sec. 1246. Report on Department of Defense plan for the provision of short and
medium-term security assistance to Ukraine.
Sec. 1247. Oversight of United States assistance to Ukraine.
Subtitle E—Matters Relating to the Indo-Pacific Region
Sec. 1251. Modification to annual report on military and security developments involving the People’s Republic of China.
Sec. 1252. Modification of Indo-Pacific Maritime Security Initiative to authorize
use of funds for the Coast Guard.
Sec. 1253. Modification of prohibition on participation of the People’s Republic of
China in rim of the Pacific (RIMPAC) naval exercises to include cessation of genocide by China.
Sec. 1254. Extension and modification of Pacific Deterrence Initiative.
Sec. 1255. Extension of authority to transfer funds for Bien Hoa dioxin cleanup.
Sec. 1256. Enhanced indications and warning for deterrence and dissuasion.
Sec. 1257. Prohibition on use of funds to support entertainment projects with ties
to the Government of the People’s Republic of China.
Sec. 1258. Reporting on institutions of higher education domiciled in the People’s
Republic of China that provide support to the People’s Liberation Army.
Sec. 1259. Review of port and port-related infrastructure purchases and investments made by the Government of the People’s Republic of China and
entities directed or backed by the Government of the People’s Republic
of China.
Sec. 1260. Enhancing major defense partnership with India.
Sec. 1261. Pilot program to develop young civilian defense leaders in the Indo-Pacific region.
Sec. 1262. Report on bilateral agreements supporting United States military posture in the Indo-Pacific region.
Sec. 1263. Statement of policy on Taiwan.
Sec. 1264. Sense of congress on joint exercises with Taiwan.
Sec. 1265. Sense of Congress on defense alliances and partnerships in the IndoPacific region.
Subtitle F—Other Matters
Sec. 1271. North Atlantic Treaty Organization Special Operations Headquarters.
Sec. 1272. Sense of Congress on NATO and United States defense posture in Europe.
Sec. 1273. Report on Fifth Fleet capabilities upgrades.
Sec. 1274. Report on use of social media by foreign terrorist organizations.
Sec. 1275. Report and feasibility study on collaboration to meet shared national security interests in East Africa.
Sec. 1276. Assessment of challenges to implementation of the partnership among
Australia, the United Kingdom, and the United States.
Sec. 1277. Modification and extension of United States-Israel cooperation to
counter unmanned aerial systems.
Sec. 1278. Sense of Congress and briefing on multinational force and observers.
Sec. 1279. Briefing on Department of Defense program to protect United States
students against foreign agents.

H. R. 7776—16
TITLE XIV—OTHER AUTHORIZATIONS
Sec.
Sec.
Sec.
Sec.
Sec.

1401.
1402.
1403.
1404.
1405.

Subtitle A—Military Programs
Working capital funds.
Chemical agents and munitions destruction, defense.
Drug interdiction and counter-drug activities, defense-wide.
Defense Inspector General.
Defense health program.

Subtitle B—National Defense Stockpile
Sec. 1411. Reform of the Strategic and Critical Materials Stock Piling Act.
Sec. 1412. Modification of acquisition authority under Strategic and Critical Materials Stock Piling Act.
Sec. 1413. Briefings on shortfalls in National Defense Stockpile.
Sec. 1414. Authority to acquire materials for the National Defense Stockpile.
Sec. 1415. Department of Defense readiness to support prolonged conflict.
Subtitle C—Other Matters
Sec. 1421. 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. 1422. Authorization of appropriations for Armed Forces Retirement Home.
TITLE XV—CYBER AND INFORMATION OPERATIONS MATTERS
Subtitle A—Cyber Matters
Sec. 1501. Improvements to Principal Cyber Advisors.
Sec. 1502. Annual reports on support by military departments for United States
Cyber Command.
Sec. 1503. Modification of office of primary responsibility for strategic cybersecurity
program.
Sec. 1504. Tailored cyberspace operations organizations.
Sec. 1505. Establishment of support center for consortium of universities that advise Secretary of Defense on cybersecurity matters.
Sec. 1506. Alignment of Department of Defense cyber international strategy with
National Defense Strategy and Department of Defense Cyber Strategy.
Sec. 1507. Enhancement of cyberspace training and security cooperation.
Sec. 1508. Military Cybersecurity Cooperation with Hashemite Kingdom of Jordan.
Sec. 1509. Management and oversight of Joint Cyber Warfighting Architecture.
Sec. 1510. Integrated non-kinetic force development.
Sec. 1511. Protection of critical infrastructure.
Sec. 1512. Budget display for cryptographic modernization activities for certain systems of the Department of Defense.
Sec. 1513. Establishing projects for data management, artificial intelligence, and
digital solutions.
Sec. 1514. Operational testing for commercial cybersecurity capabilities.
Subtitle B—Information Operations
Sec. 1521. Requirement to notify Chief of Mission of military operation in the information environment.
Sec. 1522. Assessment and optimization of Department of Defense information and
influence operations conducted through cyberspace.
Sec. 1523. Joint information operations course.
Sec. 1524. Limitation on availability of certain funds until submission of joint lexicon for terms related to information operations.
Sec. 1525. Limitation on availability of funds pending submittal of information operations strategy and posture review.
Sec. 1526. Limitation on availability of certain funds until submission of assessments relating to cybersecurity of the defense industrial base.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

1531.
1532.
1533.
1534.
1535.
1536.
1537.

Subtitle C—Personnel
Cyber operations-peculiar awards.
Establishment of Cyber Operations Designator and rating for the Navy.
Total force generation for the Cyberspace Operations Forces.
Correcting cyber mission force readiness shortfalls.
Department of Defense Cyber and Digital Service Academy.
Report on recommendations from Navy Civilian Career Path study.
Study to determine optimal strategy for structuring and manning elements of Joint Force Headquarters–Cyber Organizations, Joint Mission
Operations Centers, and Cyber Operations-Integrated Planning Elements.

H. R. 7776—17
Sec. 1538. Manning review of Space Force cyber squadrons.
Sec. 1539. Independent review of posture and staffing levels of Office of the Chief
Information Officer.
Sec. 1540. Independent assessment of Civilian Cybersecurity Reserve for Department of Defense.
Sec. 1541. Comprehensive review of Cyber Excepted Service.
Subtitle D—Reports and Other Matters
Sec. 1551. Pilot program for sharing cyber capabilities and related information with
foreign operational partners.
Sec. 1552. Demonstration program for cyber and information technology budget
data analytics.
Sec. 1553. Plan for commercial cloud test and evaluation.
Sec. 1554. Roadmap and implementation plan for cyber adoption of artificial intelligence.
Sec. 1555. Review of Department of Defense implementation of recommendations
from Defense Science Board cyber report.
Sec. 1556. Annual briefing on relationship between National Security Agency and
United States Cyber Command.
Sec. 1557. Review of definitions associated with Cyberspace Operations Forces.
Sec. 1558. Annual assessments and reports on assignment of certain budget control
responsibility to Commander of United States Cyber Command.
Sec. 1559. Assessments of weapons systems vulnerabilities to radio-frequency enabled cyber attacks.
Sec. 1560. Briefing on Department of Defense plan to deter and counter adversaries
in the information environment.
TITLE XVI—SPACE ACTIVITIES, STRATEGIC PROGRAMS, AND
INTELLIGENCE MATTERS
Subtitle A—Space Activities
Sec. 1601. Requirements for protection of satellites.
Sec. 1602. Strategy on protection of satellites.
Sec. 1603. Modification of reports on integration of acquisition and capability delivery schedules for segments of major satellite acquisitions programs and
funding for such programs.
Sec. 1604. Tactically responsive space capability.
Sec. 1605. Extension of annual report on Space Command and Control.
Sec. 1606. Allied responsive space capabilities.
Sec. 1607. Applied research and educational activities to support space technology
development.
Sec. 1608. Review of Space Development Agency exemption from Joint Capabilities
Integration and Development System.
Sec. 1609. Update to plan to manage Integrated Tactical Warning and Attack Assessment System and multi-domain sensors.
Sec. 1610. Report on space debris.
Subtitle B—Defense Intelligence and Intelligence-Related Activities
Sec. 1621. Congressional oversight of clandestine activities that support operational
preparation of the environment.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

1631.
1632.
1633.
1634.
1635.
1636.

Sec. 1637.
Sec. 1638.
Sec. 1639.
Sec. 1640.
Sec. 1641.
Sec. 1642.

Subtitle C—Nuclear Forces
Biannual briefing on nuclear weapons and related activities.
Industrial base monitoring for B–21 and Sentinel programs.
Improvements to Nuclear Weapons Council.
Portfolio management framework for nuclear forces.
Extension of requirement to report on nuclear weapons stockpile.
Modification and extension of annual assessment of cyber resilience of
nuclear command and control system.
Modification of reports on Nuclear Posture Review implementation.
Establishment of intercontinental ballistic missile site activation task
force for Sentinel program.
Prohibition on reduction of the intercontinental ballistic missiles of the
United States.
Plan for development of reentry vehicles.
Treatment of nuclear modernization and hypersonic missile programs
within Defense Priorities and Allocations System.
Matters relating to nuclear-capable sea-launched cruise missile.

Subtitle D—Missile Defense Programs
Sec. 1651. Biannual briefing on missile defense and related activities.

H. R. 7776—18
Sec. 1652. Improvements to acquisition accountability reports on the ballistic missile defense system.
Sec. 1653. Making permanent prohibitions relating to missile defense information
and systems.
Sec. 1654. Next generation interceptors for missile defense of United States homeland.
Sec. 1655. Termination of requirement to transition ballistic missile defense programs to the military departments.
Sec. 1656. Persistent cybersecurity operations for ballistic missile defense systems
and networks.
Sec. 1657. Fire control architectures.
Sec. 1658. Middle East integrated air and missile defense.
Sec. 1659. Iron Dome short-range rocket defense system and Israeli cooperative
missile defense program co-development and co-production.
Sec. 1660. Integrated air and missile defense architecture for defense of Guam.
Sec. 1661. Limitation on availability of certain funds until submission of report on
implementation of the cruise missile defense architecture for the homeland.
Sec. 1662. Strategy to use asymmetric capabilities to defeat hypersonic missile
threats.
Sec. 1663. Plan on delivering Shared Early Warning System data to certain allies
and partners of the United States.
Sec. 1664. Reports on ground-based interceptors.
Sec. 1665. Report on missile defense interceptor site in contiguous United States.
Subtitle E—Other Matters
Sec. 1671. Cooperative threat reduction funds.
Sec. 1672. Department of Defense support for requirements of the White House
Military Office.
Sec. 1673. Unidentified anomalous phenomena reporting procedures.
Sec. 1674. Study of weapons programs that allow Armed Forces to address hard
and deeply buried targets.
TITLE XVII—MUNITIONS REPLENISHMENT AND FUTURE PROCUREMENT
Sec. 1701. Annual report on industrial base constraints for munitions.
Sec. 1702. Modification to Special Defense Acquisition Fund.
Sec. 1703. Quarterly briefings on replenishment and revitalization of weapons provided to Ukraine.
Sec. 1704. Assessment of requirements and acquisition objectives for Patriot air
and missile defense battalions.
Sec. 1705. Independent assessment of department of defense capability and capacity needs for munitions production and stockpiling.
DIVISION B—MILITARY CONSTRUCTION AUTHORIZATIONS
Sec. 2001. Short title.
Sec. 2002. Expiration of authorizations and amounts required to be specified by
law.
Sec. 2803. Effective date and automatic execution of conforming changes to tables
of sections, tables of contents, and similar tabular entries.
TITLE XXI—ARMY MILITARY CONSTRUCTION
Authorized Army construction and land acquisition projects.
Family housing.
Authorization of appropriations, Army.
Demolition of District of Columbia Fort McNair Quarters 4, 13, and 15.
Modification of authority to carry out fiscal year 2019 project at Camp
Tango, Korea.
Sec. 2106. Extension and modification of authority to carry out certain fiscal year
2018 projects.
Sec.
Sec.
Sec.
Sec.
Sec.

2101.
2102.
2103.
2104.
2105.

Sec.
Sec.
Sec.
Sec.
Sec.

2201.
2202.
2203.
2204.
2205.

TITLE XXII—NAVY MILITARY CONSTRUCTION
Authorized Navy construction and land acquisition projects.
Family housing.
Authorization of appropriations, Navy.
Extension of authority to carry out certain fiscal year 2018 project.
Transfer of customers from Navy electrical utility system at former
Naval Air Station Barber’s Point, Hawaii, to new electrical system in
Kalaeloa, Hawaii.

TITLE XXIII—AIR FORCE MILITARY CONSTRUCTION
Sec. 2301. Authorized Air Force construction and land acquisition projects.

H. R. 7776—19
Sec.
Sec.
Sec.
Sec.
Sec.

2302.
2303.
2304.
2305.
2306.

Family housing.
Authorization of appropriations, Air Force.
Extension of authority to carry out certain fiscal year 2018 projects.
Modification of authority to carry out certain fiscal year 2021 project.
Modification of authority to carry out certain military construction
projects at Tyndall Air Force Base, Florida.

TITLE XXIV—DEFENSE AGENCIES MILITARY CONSTRUCTION
Sec. 2401. Authorized Defense Agencies construction and land acquisition projects.
Sec. 2402. Authorized energy resilience and conservation investment program
projects.
Sec. 2403. Authorization of appropriations, defense agencies.
Sec. 2404. Extension of authority to carry out certain fiscal year 2018 projects.
TITLE XXV—INTERNATIONAL PROGRAMS
Subtitle A—North Atlantic Treaty Organization Security Investment Program
Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.
Subtitle B—Host Country In-Kind Contributions
Sec. 2511. Republic of Korea funded construction projects.
Sec. 2512. Repeal of authorized approach to certain construction project.
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. Corrections to authority to carry out certain fiscal year 2022 projects.
Sec. 2608. Extension of authority to carry out certain fiscal year 2018 projects.
TITLE XXVII—BASE REALIGNMENT AND CLOSURE ACTIVITIES
Sec. 2701. Authorization of appropriations for base realignment and closure activities funded through Department of Defense Base Closure Account.
Sec. 2702. Authorization to fund certain demolition and removal activities through
Department of Defense Base Closure Account.
Sec. 2703. Prohibition on conducting additional base realignment and closure
(BRAC) round.
TITLE XXVIII—MILITARY CONSTRUCTION GENERAL PROVISIONS
Subtitle A—Military Construction Program
Sec. 2801. Temporary increase of amounts in connection with authority to carry out
unspecified minor military construction.
Sec. 2802. Modification of annual locality adjustment of dollar thresholds applicable
to unspecified minor military construction authorities.
Sec. 2803. Permanent authority for defense laboratory modernization program.
Sec. 2804. Elimination of sunset of authority to conduct unspecified minor military
construction for lab revitalization.
Sec. 2805. Military construction projects for innovation, research, development,
test, and evaluation.
Sec. 2806. Supervision of large military construction projects.
Sec. 2807. Specification of Assistant Secretary of Defense for Energy, Installations,
and Environment as Chief Housing Officer.
Sec. 2808. Clarification of exceptions to limitations on cost variations for military
construction projects and military family housing projects.
Sec. 2809. Use of operation and maintenance funds for certain construction projects
outside the United States.
Sec. 2810. Consideration of installation of integrated solar roofing to improve energy resiliency of military installations.
Sec. 2811. Revision of Unified Facilities Guide Specifications and Unified Facilities
Criteria to include specifications on use of gas insulated switchgear and
criteria and specifications on microgrids and microgrid converters.
Sec. 2812. Determination and notification relating to Executive orders that impact
cost and scope of work of military construction projects.

H. R. 7776—20
Sec. 2813. Requirement for inclusion of Department of Defense Forms 1391 with
annual budget submission by President.
Sec. 2814. Use of integrated project delivery contracts.
Subtitle B—Military Housing Reforms
Sec. 2821. Standardization of military installation Housing Requirements and Market Analyses.
Sec. 2822. Notice requirement for MHPI ground lease extensions.
Sec. 2823. Annual briefings on military housing privatization projects.
Sec. 2824. Mold inspection of vacant housing units.
Sec. 2825. Implementation of recommendations from audit of medical conditions of
residents in privatized military housing.
Subtitle C—Real Property and Facilities Administration
Sec. 2831. Authorized land and facilities transfer to support contracts with federally funded research and development centers.
Sec. 2832. Limitation on use of funds pending completion of military installation
resilience component of master plans for at-risk major military installations.
Sec. 2833. Physical entrances to certain military installations.
Subtitle D—Land Conveyances
Sec. 2841. Extension of time frame for land conveyance, Sharpe Army Depot,
Lathrop, California.
Sec. 2842. Land conveyance, Joint Base Charleston, South Carolina.
Sec. 2843. Land conveyance, Naval Air Station Oceana, Dam Neck Annex, Virginia
Beach, Virginia.
Sec. 2844. Land exchange, Marine Reserve Training Center, Omaha, Nebraska.
Sec. 2845. Land Conveyance, Starkville, Mississippi.
Subtitle E—Miscellaneous Studies and Reports
Sec. 2851. Study on practices with respect to development of military construction
projects.
Sec. 2852. Report on capacity of Department of Defense to provide survivors of natural disasters with emergency short-term housing.
Sec. 2853. Reporting on lead service lines and lead plumbing.
Sec. 2854. Briefing on attempts to acquire land near United States military installations by the People’s Republic of China.
Subtitle F—Other Matters
Sec. 2861. Required consultation with State and local entities for notifications related to the basing decision-making process.
Sec. 2862. Inclusion in Defense Community Infrastructure Pilot Program of certain
projects for ROTC training.
Sec. 2863. Inclusion of infrastructure improvements identified in the report on strategic seaports in Defense Community Infrastructure Pilot Program.
Sec. 2864. Inclusion of certain property for purposes of defense community infrastructure pilot program.
Sec. 2865. Expansion of pilot program on increased use of sustainable building materials in military construction to include locations throughout the
United States.
Sec. 2866. Basing decision scorecard consistency and transparency.
Sec. 2867. Temporary authority for acceptance and use of funds for certain construction projects in the Republic of Korea.
Sec. 2868. Repeal of requirement for Interagency Coordination Group of Inspectors
General for Guam Realignment.
Sec. 2869. Lease or use agreement for category 3 subterranean training facility.
Sec. 2870. Limitation on use of funds for closure of combat readiness training centers.
Sec. 2871. Required investments in improving child development centers.
Sec. 2872. Interagency Regional Coordinator for Resilience Pilot Project.
Sec. 2873. Access to military installations for Homeland Security Investigations
personnel in Guam.
Sec. 2874. Prohibition on joint use of Homestead Air Reserve Base with civil aviation.
Sec. 2875. Electrical charging capability construction requirements relating to
parking for Federal Government motor vehicles.
TITLE XXIX—FALLON RANGE TRAINING COMPLEX
Subtitle A—Fallon Range Training Complex
Sec. 2901. Military land withdrawal for Fallon Range Training Complex.

H. R. 7776—21
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

2902.
2903.
2904.
2905.
2906.
2907.
2908.

Numu Newe Special Management Area.
National conservation areas.
Collaboration with State and county.
Wilderness areas in Churchill County, Nevada.
Release of wilderness study areas.
Land conveyances and exchanges.
Checkerboard resolution.

Subtitle B—Lander County Economic Development and Conservation
Sec. 2911. Definitions.
PART I—LANDER COUNTY PUBLIC PURPOSE LAND CONVEYANCES
Sec. 2921. Definitions.
Sec. 2922. Conveyances to Lander County, Nevada.
PART II—LANDER COUNTY WILDERNESS AREAS
Sec. 2931. Definitions.
Sec. 2932. Designation of wilderness areas.
Sec. 2933. Release of wilderness study areas.
DIVISION C—DEPARTMENT OF ENERGY NATIONAL SECURITY
AUTHORIZATIONS AND OTHER AUTHORIZATIONS
TITLE XXXI—DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Sec.
Sec.
Sec.
Sec.

3101.
3102.
3103.
3104.

Subtitle A—National Security Programs and Authorizations
National Nuclear Security Administration.
Defense environmental cleanup.
Other defense activities.
Nuclear energy.

Subtitle B—Program Authorizations, Restrictions, and Limitations
Sec. 3111. Requirements for specific request for new or modified nuclear weapons.
Sec. 3112. Modifications to long-term plan for meeting national security requirements for unencumbered uranium.
Sec. 3113. Modification of minor construction threshold for plant projects.
Sec. 3114. Update to plan for deactivation and decommissioning of nonoperational
defense nuclear facilities.
Sec. 3115. Use of alternative technologies to eliminate proliferation threats at vulnerable sites.
Sec. 3116. Unavailability for overhead costs of amounts specified for laboratory-directed research and development.
Sec. 3117. Workforce enhancement for National Nuclear Security Administration.
Sec. 3118. Modification of cost baselines for certain projects.
Sec. 3119. Purchase of real property options.
Sec. 3120. Prohibition on availability of funds to reconvert or retire W76–2 warheads.
Sec. 3121. Acceleration of depleted uranium manufacturing processes.
Sec. 3122. Assistance by the National Nuclear Security Administration to the Air
Force for the development of the Mark 21A fuse.
Sec. 3123. Determination of standardized indirect cost elements.
Sec. 3124. Certification of completion of milestones with respect to plutonium pit
aging.
Sec. 3125. National Nuclear Security Administration facility advanced manufacturing development.
Sec. 3126. Authorization of workforce development and training partnership programs within National Nuclear Security Administration.
Subtitle C—Reports and Other Matters
Sec. 3131. Modification to certain reporting requirements.
Sec. 3132. Repeal of obsolete provisions of the Atomic Energy Defense Act and
other provisions.
TITLE XXXII—DEFENSE NUCLEAR FACILITIES SAFETY BOARD
Sec. 3201. Authorization.
Sec. 3202. Continuation of functions and powers during loss of quorum.
TITLE XXXIV—NAVAL PETROLEUM RESERVES
Sec. 3401. Authorization of appropriations.
TITLE XXXV—MARITIME ADMINISTRATION
Subtitle A—Maritime Administration
Sec. 3501. Authorization of appropriations for the Maritime Administration.

H. R. 7776—22
Sec. 3502. Secretary of Transportation responsibility with respect to cargoes procured, furnished, or financed by other Federal departments and agencies.
Subtitle B—Merchant Marine Academy
Sec. 3511. Exemption of certain students from requirement to obtain merchant
mariner license.
Sec. 3512. Board of Visitors.
Sec. 3513. Protection of cadets from sexual assault onboard vessels.
Sec. 3514. Service academy faculty parity of use of United States Government
works.
Sec. 3515. Reports on matters relating to the United States Merchant Marine
Academy.
Sec. 3516. Study on Capital Improvement Program at the USMMA.
Sec. 3517. Requirements relating to training of Merchant Marine Academy cadets
on certain vessels.
Sec.
Sec.
Sec.
Sec.

3521.
3522.
3523.
3524.

Sec. 3525.
Sec. 3526.
Sec. 3527.
Sec. 3528.
Sec. 3529.

Sec.
Sec.
Sec.
Sec.

3531.
3532.
3533.
3534.

Subtitle C—Maritime Infrastructure
United States marine highway program.
Port infrastructure development grants.
Project selection criteria for port infrastructure development program.
Infrastructure improvements identified in the report on strategic seaports.
GAO review of Government efforts to promote growth and modernization
of United States Merchant Fleet.
GAO review of Federal efforts to enhance port infrastructure resiliency
and disaster preparedness.
Study on foreign investment in shipping.
Report on alternate marine fuel bunkering facilities at ports.
Study of cybersecurity and national security threats posed by foreign
manufactured cranes at United States ports.
Subtitle D—Maritime Workforce
Improving Protections for Midshipmen.
Maritime Technical Advancement Act.
Ensuring diverse mariner recruitment.
Low emissions vessels training.

Subtitle E—Other Matters
Waiver of navigation and vessel inspection laws.
National maritime strategy.
Maritime Environmental and Technical Assistance Program.
Definition of qualified vessel.
Establishing a capital construction fund.
Recapitalization of National Defense Reserve Fleet.
Sense of Congress on Merchant Marine.
Analysis of effects of chemicals in stormwater runoff on Pacific salmon
and steelhead.
Sec. 3549. Report on effective vessel quieting measures.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

3541.
3542.
3543.
3544.
3545.
3546.
3547.
3548.

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.

H. R. 7776—23
TITLE XLVII—DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
Sec. 4701. Department of Energy National Security Programs.
DIVISION E—NON-DEPARTMENT OF DEFENSE MATTERS
TITLE LI—VETERANS AFFAIRS MATTERS
Subtitle A—Advisory Committees
Sec. 5101. Annual report from Advisory Committee on Women Veterans.
Sec. 5102. Department of Veterans Affairs Advisory Committee on United States
Outlying Areas and Freely Associated States.
Subtitle B—Studies and Reports
Sec. 5111. Secretary of Veterans Affairs study on dissemination of information on
Department of Veterans Affairs home loan benefits.
Sec. 5112. GAO study on post-market surveillance of medical devices by Department of Veterans Affairs.
Sec. 5113. Department of Veterans Affairs report on supportive services and housing insecurity.
Sec. 5114. Report on handling of certain records of the Department of Veterans Affairs.
Subtitle C—Other Matters
Sec. 5121. Improved application of employment and reemployment rights of all
members of uniformed services.
Sec. 5122. Competitive pay for health care providers of Department of Veterans Affairs.
Sec. 5123. Definition of land use revenue under West Los Angeles Leasing Act of
2016.
Sec. 5124. Technical corrections to Honoring our PACT Act of 2022.
Sec. 5125. Improving pilot program on acceptance by the Department of Veterans
Affairs of donated facilities and related improvements.
Sec. 5126. Improvement of Vet Centers at Department of Veterans Affairs.
Sec. 5127. Information on certain veterans with prior medical occupations; program
on intermediate care technicians of Department of Veterans Affairs.
TITLE LII—INSPECTOR GENERAL INDEPENDENCE AND EMPOWERMENT
MATTERS
Subtitle A—Inspector General Independence
Sec. 5201. Short title.
Sec. 5202. Removal or transfer of Inspectors General; placement on non-duty status.
Sec. 5203. Vacancy in position of Inspector General.
Sec. 5204. Office of Inspector General whistleblower complaints.
Subtitle B—Presidential Explanation of Failure to Nominate an Inspector General
Sec. 5221. Presidential explanation of failure to nominate an Inspector General.
Subtitle C—Integrity Committee of the Council of Inspectors General on Integrity
and Efficiency Transparency
Sec. 5231. Short title.
Sec. 5232. Additional information to be included in requests and reports to Congress.
Sec. 5233. Availability of information to Congress on certain allegations of wrongdoing closed without referral.
Sec. 5234. Semiannual report.
Sec. 5235. Additional reports.
Sec. 5236. Requirement to report final disposition to Congress.
Sec. 5237. Investigations of Offices of Inspector General of establishments by the
Integrity Committee.
Subtitle D—Notice of Ongoing Investigations When There Is a Change in Status of
Inspector General
Sec. 5241. Notice of ongoing investigations when there is a change in status of Inspector General.
Subtitle E—Council of the Inspectors General on Integrity and Efficiency Report on
Expenditures
Sec. 5251. CIGIE report on expenditures.

H. R. 7776—24
Subtitle F—Notice of Refusal to Provide Inspectors General Access
Sec. 5261. Notice of refusal to provide information or assistance to Inspectors General.
Subtitle G—Training Resources for Inspectors General and Other Matters
5271. Training resources for Inspectors General.
5272. Definition of appropriate congressional committees.
5273. Semiannual reports.
5274. Submission of reports that specifically identify non-governmental organizations or business entities.
Sec. 5275. Review relating to vetting, processing, and resettlement of evacuees
from Afghanistan and the Afghanistan special immigrant visa program.
Sec.
Sec.
Sec.
Sec.

TITLE LIII—OVERSIGHT AND REFORM MATTERS
Subtitle A—General Provisions
Access for Veterans to Records.
ONDCP supplemental strategies.
Performance Enhancement.
Appeals to merit systems protection board relating to FBI reprisal allegations; salary of Special Counsel.
Sec. 5305. Fairness for Federal firefighters.
Sec.
Sec.
Sec.
Sec.

5301.
5302.
5303.
5304.

Subtitle B—PLUM Act of 2022
Sec. 5321. Short title.
Sec. 5322. Establishment of public website on government policy and supporting
positions.
TITLE LIV—21ST CENTURY ASSISTIVE TECHNOLOGY ACT
Sec. 5401. Short title.
Sec. 5402. Reauthorization.
Sec. 5403. Effective date.
TITLE LV—FOREIGN AFFAIRS MATTERS
Subtitle A—Taiwan Enhanced Resilience Act
Sec. 5501. Short title.
PART 1—IMPLEMENTATION
Sec. 5502.
Sec. 5503.
Sec. 5504.
Sec. 5505.
Sec. 5506.
Sec. 5507.
Sec. 5508.
Sec. 5509.
Sec. 5510.
Sec. 5511.
Sec. 5512.

ENHANCED DEFENSE PARTNERSHIP BETWEEN THE
UNITED STATES AND TAIWAN
Modernizing Taiwan’s security capabilities to deter and, if necessary, defeat aggression by the People’s Republic of China.
Increase in annual regional contingency stockpile additions and support
for Taiwan.
International military education and training cooperation with Taiwan.
Additional authorities to support Taiwan.
Multi-year plan to fulfill defensive requirements of military forces of Taiwan.
Fast-tracking sales to Taiwan under Foreign Military Sales program.
Arms exports delivery solutions for Taiwan and United States allies in
the Indo-Pacific.
Assessment of Taiwan’s needs for civilian defense and resilience.
Annual report on Taiwan defensive military capabilities and intelligence
support.
Findings and statement of policy.
Sense of Congress on Taiwan defense relations.
OF AN

PART 2—COUNTERING PEOPLE’S REPUBLIC OF CHINA’S COERCION AND INFLUENCE
CAMPAIGNS
Sec. 5513. Strategy to respond to influence and information operations targeting
Taiwan.
Sec. 5514. Task force to counter economic coercion by the People’s Republic of
China.
Sec. 5515. China censorship monitor and action group.
PART 3—INCLUSION OF TAIWAN IN INTERNATIONAL ORGANIZATIONS
Sec. 5516. Findings.
Sec. 5517. Sense of Congress on Taiwan’s meaningful participation in the international community.

H. R. 7776—25
Sec. 5518. Strategy to support Taiwan’s meaningful participation in international
organizations.
Sec. 5519. Meaningful participation of Taiwan in the International Civil Aviation
Organization.
PART 4—MISCELLANEOUS PROVISIONS
Sec. 5520. Report on Taiwan Travel Act.
Sec. 5521. Amendments to the Taiwan Allies International Protection and Enhancement Initiative (Taipei) Act of 2019.
Sec. 5522. Report on role of People’s Republic of China’s nuclear threat in escalation dynamics.
Sec. 5523. Report analyzing the impact of Russia’s war against Ukraine on the objectives of the People’s Republic of China with respect to Taiwan.
Sec. 5524. Expanding United States-Taiwan development cooperation.
Sec. 5525. Sense of congress on expanding United States economic relations with
Taiwan.
PART 5—SUPPORTING UNITED STATES EDUCATIONAL AND EXCHANGE PROGRAMS WITH
TAIWAN
Sec. 5526. Short title.
Sec. 5527. Findings.
Sec. 5528. Purposes.
Sec. 5529. Definitions.
Sec. 5530. Taiwan Fellowship Program.
Sec. 5531. Reports and audits.
Sec. 5532. Taiwan fellows on detail from government service.
Sec. 5533. Funding.
Sec. 5534. Study and report.
Sec. 5535. Supporting United States educational and exchange programs with Taiwan.
PART 6—UNITED STATES-TAIWAN PUBLIC HEALTH PROTECTION
Sec. 5536. Short title.
Sec. 5537. Definitions.
Sec. 5538. Study on an infectious disease monitoring center.
PART 7—RULES OF CONSTRUCTION
Sec. 5539. Rule of construction.
Sec. 5540. Rule of construction regarding the use of military force.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

5541.
5542.
5543.
5544.
5545.
5546.
5547.
5548.
5549.
5550.

Subtitle B—United States-Ecuador Partnership Act of 2022
Short title.
Sense of Congress.
Facilitating economic and commercial ties.
Promoting inclusive economic development.
Combating illicit economies, corruption, and negative foreign influence.
Strengthening democratic governance.
Fostering conservation and stewardship.
Authorization to transfer excess Coast Guard vessels.
Reporting requirements.
Sunset.

Subtitle C—FENTANYL Results Act
Sec. 5551. Short title.
Sec. 5552. Prioritization of efforts of the Department of State to combat international trafficking in covered synthetic drugs.
Sec. 5553. Program to provide assistance to build the capacity of foreign law enforcement agencies with respect to covered synthetic drugs.
Sec. 5554. Exchange program on demand reduction matters relating to illicit use of
covered synthetic drugs.
Sec. 5555. Amendments to international narcotics control program.
Sec. 5556. Sense of Congress.
Sec. 5557. Rule of construction.
Sec. 5558. Definitions.
Sec.
Sec.
Sec.
Sec.

5559.
5560.
5561.
5562.

Subtitle D—International Pandemic Preparedness
Short title.
Definitions.
Enhancing the United States’ international response to pandemics.
International pandemic prevention and preparedness.

H. R. 7776—26
Sec. 5563. Financial Intermediary Fund for Pandemic Prevention, Preparedness,
and Response.
Sec. 5564. General provisions.
Sec. 5565. Sunset.
Sec. 5566. Rule of construction.
Subtitle E—Burma Act of 2022
Sec. 5567. Short title.
Sec. 5568. Definitions.
PART 1—MATTERS RELATING
Sec. 5569. Statement of policy.

TO THE

CONFLICT

IN

BURMA

PART 2—SANCTIONS AND POLICY COORDINATION WITH RESPECT TO BURMA
Sec. 5570. Definitions.
Sec. 5571. Imposition of sanctions with respect to human rights abuses and perpetration of a coup in Burma.
Sec. 5572. Sanctions and policy coordination for Burma.
Sec. 5573. Support for greater United Nations action with respect to Burma.
Sec. 5574. Sunset.
PART 3—AUTHORIZATIONS OF APPROPRIATIONS FOR ASSISTANCE
Sec. 5575. General authorization of appropriations.
Sec. 5576. Limitations.
Sec. 5577. Appropriate congressional committees defined.

FOR

BURMA

PART 4—EFFORTS AGAINST HUMAN RIGHTS ABUSES
Sec. 5578. Authorization to provide technical assistance for efforts against human
rights abuses.
PART 5—SANCTIONS EXCEPTION RELATING TO IMPORTATION
Sec. 5579. Sanctions exception relating to importation of goods.

OF

GOODS

Subtitle F—Promotion of Freedom of Information and Countering of Censorship and
Surveillance in North Korea
Sec. 5580. Short title.
Sec. 5581. Findings; sense of Congress.
Sec. 5582. Statement of policy.
Sec. 5583. United States strategy to combat North Korea’s repressive information
environment.
Sec. 5584. Promoting freedom of information and countering censorship and surveillance in North Korea.
Subtitle G—Other Matters
Sec. 5585. Congressional notification for rewards paid using cryptocurrencies.
Sec. 5586. Secure access to sanitation facilities for women and girls.
Sec. 5587. Reauthorization of the Tropical Forest and Coral Reef Conservation Act
of 1998.
Sec. 5588. Global Food Security Reauthorization Act of 2022.
Sec. 5589. Extension and modification of certain export controls.
Sec. 5590. Imposition of sanctions with respect to the sale, supply, or transfer of
gold to or from Russia.
Sec. 5591. Renegotiation of Compacts of Free Association.
Sec. 5592. Secretary of State assistance for prisoners in Islamic Republic of Iran.
Sec. 5593. Iran Nuclear Weapons Capability and Terrorism Monitoring Act of 2022.
Subtitle H—Reports
Modification to peacekeeping operations report.
Report on Indo-Pacific region.
Report on humanitarian situation and food security in Lebanon.
Statement of policy and report on engaging with Niger.
Report on bilateral security and law enforcement cooperation with Mexico.
Sec. 5599. Report on Chinese support to Russia with respect to its unprovoked invasion of and full-scale war against Ukraine.
Sec. 5599A. Feasibility study on United States support for and participation in the
international counterterrorism academy in Coˆte d’Ivoire.
Sec. 5599B. Consultations on reuniting Korean Americans with family members in
North Korea.
Sec.
Sec.
Sec.
Sec.
Sec.

5594.
5595.
5596.
5597.
5598.

H. R. 7776—27
Subtitle I—Sense of Congress Provisions
5599C. Sense of Congress regarding the status of China.
5599D. Sense of Congress regarding Israel.
5599E. Sense of Congress relating to the NATO Parliamentary Assembly.
5599F. Condemning detention and indictment of Russian opposition leader
Vladimir Vladimirovich Kara-Murza.
Sec. 5599G. Sense of Congress regarding development of nuclear weapons by Iran.
Sec.
Sec.
Sec.
Sec.

Sec.
Sec.
Sec.
Sec.
Sec.

5601.
5602.
5603.
5604.
5605.

TITLE LVI—TRANSPORTATION AND INFRASTRUCTURE
Designation of small State and rural advocate.
Flexibility.
Preliminary damage assessment.
Letter of deviation authority.
Recognizing FEMA support.

TITLE LVII—FINANCIAL SERVICES MATTERS
Sec. 5701. United States policy on World Bank Group and Asian Development
Bank assistance to the People’s Republic of China.
Sec. 5702. Support for international initiatives to provide debt restructuring or relief to developing countries with unsustainable levels of debt.
Sec. 5703. Ukraine debt payment relief.
Sec. 5704. Isolate Russian Government Officials Act of 2022.
Sec. 5705. Fair hiring in banking.
Sec. 5706. Banking Transparency for Sanctioned Persons Act of 2022.
Sec. 5707. Flexibility in addressing rural homelessness.
Sec. 5708. Master account and services database.
TITLE LVIII—FINANCIAL DATA TRANSPARENCY
Sec. 5801. Short title.
Subtitle A—Data Standards for Covered Agencies; Department of the Treasury
Rulemaking
Sec. 5811. Data standards.
Sec. 5812. Open data publication by the Department of the Treasury.
Sec. 5813. No new disclosure requirements.
Subtitle B—Securities and Exchange Commission
Sec. 5821. Data standards requirements for the Securities and Exchange Commission.
Sec. 5822. Open data publication by the Securities and Exchange Commission.
Sec. 5823. Data transparency relating to municipal securities.
Sec. 5824. Data transparency at national securities associations.
Sec. 5825. Shorter-term burden reduction and disclosure simplification at the Securities and Exchange Commission; sunset.
Sec. 5826. No new disclosure requirements.
Subtitle C—Federal Deposit Insurance Corporation
Sec. 5831. Data standards requirements for the Federal Deposit Insurance Corporation.
Sec. 5832. Open data publication by the Federal Deposit Insurance Corporation.
Sec. 5833. Rulemaking.
Sec. 5834. No new disclosure requirements.
Subtitle D—Office of the Comptroller of the Currency
Sec. 5841. Data standards and open data publication requirements for the Office of
the Comptroller of the Currency.
Sec. 5842. Rulemaking.
Sec. 5843. No new disclosure requirements.
Subtitle E—Bureau of Consumer Financial Protection
Sec. 5851. Data standards and open data publication requirements for the Bureau
of Consumer Financial Protection.
Sec. 5852. Rulemaking.
Sec. 5853. No new disclosure requirements.
Subtitle F—Federal Reserve System
Sec. 5861. Data standards requirements for the Board of Governors of the Federal
Reserve System.
Sec. 5862. Open data publication by the Board of Governors of the Federal Reserve
System.

H. R. 7776—28
Sec. 5863. Rulemaking.
Sec. 5864. No new disclosure requirements.
Sec.
Sec.
Sec.
Sec.

5871.
5872.
5873.
5874.

Subtitle G—National Credit Union Administration
Data standards.
Open data publication by the National Credit Union Administration.
Rulemaking.
No new disclosure requirements.

Sec.
Sec.
Sec.
Sec.

5881.
5882.
5883.
5884.

Subtitle H—Federal Housing Finance Agency
Data standards requirements for the Federal Housing Finance Agency.
Open data publication by the Federal Housing Finance Agency.
Rulemaking.
No new disclosure requirements.

Subtitle I—Miscellaneous
Sec. 5891. Rules of construction.
Sec. 5892. Classified and protected information.
Sec. 5893. Report.
TITLE LIX—OTHER MATTERS
Subtitle A—Judiciary Matters
Sec. 5901. Extension of admission to Guam or the Commonwealth of the Northern
Mariana Islands for certain nonimmigrant H–2B workers.
Sec. 5902. Eligibility of Portuguese traders and investors for E–1 and E–2 nonimmigrant visas.
Sec. 5903. Incentives for States to create sexual assault survivors’ bill of rights.
Sec. 5904. Extending the statute of limitations for certain money laundering offenses.
Subtitle B—Science, Space, and Technology Matters
Sec. 5911. Financial assistance for construction of test beds and specialized facilities.
Sec. 5912. Reports on arctic research, budget, and spending.
Sec. 5913. National research and development strategy for distributed ledger technology.
Sec. 5914. Technical corrections.
Subtitle C—FedRamp Authorization Act
Sec. 5921. FedRAMP Authorization Act.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

5931.
5932.
5933.
5934.
5935.
5936.
5937.
5938.
5939.

Subtitle D—Judicial Security and Privacy
Short title.
Findings and purpose.
Definitions.
Protecting covered information in public records.
Training and education.
Vulnerability management capability.
Rules of construction.
Severability.
Effective date.

Subtitle E—Other Matters
Sec. 5941. Secretary of Agriculture report on improving supply chain shortfalls and
infrastructure needs at wholesale produce markets.
Sec. 5942. Extension of deadline for transfer of parcels of land in New Mexico.
Sec. 5943. Ending global wildlife poaching and trafficking.
Sec. 5944. Cost-sharing requirements applicable to certain Bureau of Reclamation
dams and dikes.
Sec. 5945. Transfer of National Oceanic and Atmospheric Administration property
in Norfolk, Virginia.
Sec. 5946. Other matters.
Sec. 5947. Enhancing transparency on international agreements and non-binding
instruments.
Sec. 5948. Ukraine Invasion War Crimes Deterrence and Accountability Act.
Sec. 5949. Prohibition on certain semiconductor products and services.
DIVISION F—INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2023
Sec. 6001. Short title; table of contents.

H. R. 7776—29
Sec. 6002. Definitions.
Sec. 6003. Explanatory statement.
Sec.
Sec.
Sec.
Sec.
Sec.

6101.
6102.
6103.
6104.
6105.

TITLE LXI—INTELLIGENCE ACTIVITIES
Authorization of appropriations.
Classified Schedule of Authorizations.
Intelligence Community Management Account.
Restriction on conduct of intelligence activities.
Increase in employee compensation and benefits authorized by law.

TITLE LXII—CENTRAL INTELLIGENCE AGENCY RETIREMENT AND
DISABILITY SYSTEM
Sec. 6201. Authorization of appropriations.
TITLE LXIII—GENERAL INTELLIGENCE COMMUNITY MATTERS
Sec. 6301. Modification of requirements for certain employment activities by former
intelligence officers and employees.
Sec. 6302. Counterintelligence and national security protections for intelligence
community grant funding.
Sec. 6303. Extension of Central Intelligence Agency law enforcement jurisdiction to
facilities of Office of Director of National Intelligence.
Sec. 6304. Annual reports on status of recommendations of Comptroller General of
the United States for the Director of National Intelligence.
Sec. 6305. Timely submission of classified intelligence budget justification materials.
Sec. 6306. Copyright protection for civilian faculty of the National Intelligence University.
Sec. 6307. Modifications to Foreign Malign Influence Response Center.
Sec. 6308. Requirement to offer cyber protection support for personnel of intelligence community in positions highly vulnerable to cyber attack.
Sec. 6309. Enforcement of cybersecurity requirements for national security systems.
Sec. 6310. Review and briefing on intelligence community activities under Executive Order 12333.
Sec. 6311. Assessing intelligence community open-source support for export controls and foreign investment screening.
Sec. 6312. Annual training requirement and report regarding analytic standards.
Sec. 6313. Review of Joint Intelligence Community Council.
Sec. 6314. Required policy for minimum insider threat standards.
Sec. 6315. Unfunded priorities of the intelligence community.
Sec. 6316. Submission of covered documents and classified annexes.
Sec. 6317. Improvements to program on recruitment and training.
Sec. 6318. Measures to mitigate counterintelligence threats from proliferation and
use of foreign commercial spyware.
Sec. 6319. Personnel vetting performance measures.
Sec. 6320. Proactive cybersecurity.
TITLE LXIV—MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE
COMMUNITY
Subtitle A—Office of the Director of National Intelligence
Sec. 6401. Modifications to responsibilities and authorities of Director of National
Intelligence.
Sec. 6402. Annual submission to Congress of National Intelligence Priorities
Framework.
Sec. 6403. Disposition of records of Office of the Director of National Intelligence.
Subtitle B—Central Intelligence Agency
Sec. 6411. Clarification regarding protection of Central Intelligence Agency functions.
Sec. 6412. Expansion of reporting requirements relating to authority to pay personnel of Central Intelligence Agency for certain injuries to the brain.
Sec. 6413. Historical Advisory Panel of Central Intelligence Agency.
Sec. 6414. Authority of Central Intelligence Agency to provide protection for certain
personnel.
Sec. 6415. Notification of use of certain expenditure authorities.
Sec. 6416. Office supporting Central Intelligence Agency workforce wellbeing.
Subtitle C—Elements of the Defense Intelligence Enterprise
Sec. 6421. Inclusion of Space Force as element of intelligence community.

H. R. 7776—30
Sec. 6422. Oversight of Defense Intelligence Agency culture.
Subtitle D—Other Elements
Sec. 6431. Modification of advisory board in National Reconnaissance Office.
Sec. 6432. Establishment of advisory board for National Geospatial-Intelligence
Agency.
Sec. 6433. Elevation of the commercial and business operations office of the National Geospatial-Intelligence Agency.
Sec. 6435. Study on personnel under Strategic Intelligence Partnership Program.
Sec. 6436. Briefing on coordination between intelligence community and Bureau of
Industry and Security.
TITLE LXV—MATTERS RELATING TO FOREIGN COUNTRIES
Sec.
Sec.
Sec.
Sec.
Sec.

Subtitle A—Intelligence Matters Relating to the People’s Republic of China
6501. Report on wealth and corrupt activities of the leadership of the Chinese
Communist Party.
6502. Identification and threat assessment of companies with investments by
the People’s Republic of China.
6503. Intelligence community working group for monitoring the economic and
technological capabilities of the People’s Republic of China.
6504. Annual report on concentrated reeducation camps in the Xinjiang
Uyghur Autonomous Region of the People’s Republic of China.
6505. Assessments of production of semiconductors by the People’s Republic of
China.

Subtitle B—Miscellaneous Authorities, Requirements, and Limitations
Sec. 6511. Notice of deployment or transfer of containerized missile systems by
Russia, China, or Iran.
Sec. 6512. Intelligence community coordinator for Russian atrocities accountability.
Sec. 6513. Lead intelligence community coordinator for countering and neutralizing
proliferation of Iran-origin unmanned aircraft systems.
Sec. 6514. Collaboration between intelligence community and Department of Commerce to counter foreign commercial threats.
Sec. 6515. Intelligence assessment on foreign weaponization of advertisement technology data.
Sec. 6516. Intelligence community assessment regarding Russian gray zone assets.
Subtitle C—Reports and Other Matters
Report on assessing will to fight.
Report on threat from hypersonic weapons.
Report on ordnance of Russia and China.
Report on activities of China and Russia targeting Latin America and
the Caribbean.
Sec. 6525. Report on support provided by China to Russia.
Sec. 6526. Report on global CCP financing of port infrastructure.
Sec. 6527. Sense of Congress on provision of support by intelligence community for
atrocity prevention and accountability.
Sec.
Sec.
Sec.
Sec.

6521.
6522.
6523.
6524.

TITLE LXVI—INTELLIGENCE COMMUNITY WORKFORCE MATTERS
Sec. 6601. Improving onboarding of personnel in intelligence community.
Sec. 6602. Report on legislative action required to implement Trusted Workforce
2.0 initiative.
Sec. 6603. Inspector General of the Intelligence Community assessment of administration of polygraphs in intelligence community.
Sec. 6604. Timeliness in the administration of polygraphs.
Sec. 6605. Policy on submittal of applications for access to classified information for
certain personnel.
Sec. 6606. Technical correction regarding Federal policy on sharing of covered insider threat information.
Sec. 6607. Inspector General of the Intelligence Community report on use of space
certified as sensitive compartmented information facilities.
Sec. 6608. Improving prohibition of certain personnel practices in intelligence community with respect to contractor employees.
Sec. 6609. Definitions regarding whistleblower complaints and information of urgent concern received by inspectors general of the intelligence community.
TITLE LXVII—MATTERS RELATING TO EMERGING TECHNOLOGIES
Subtitle A—General Matters
Sec. 6701. Definitions.

H. R. 7776—31
Sec. 6702. Additional responsibilities of Director of National Intelligence for artificial intelligence policies, standards, and guidance for the intelligence
community.
Sec. 6703. Director of Science and Technology.
Sec. 6704. Intelligence Community Chief Data Officer.
Subtitle B—Improvements Relating to Procurement
Sec. 6711. Additional transaction authority.
Sec. 6712. Implementation plan and advisability study for offices of commercial integration.
Sec. 6713. Pilot program on designated emerging technology transition projects.
Sec. 6714. Harmonization of authorizations to operate.
Sec. 6715. Plan to expand sensitive compartmented information facility access by
certain contractors; reports on expansion of security clearances for certain contractors.
Sec. 6716. Compliance by intelligence community with requirements of Federal Acquisition Regulation relating to commercially available off-the-shelf
items and commercial services.
Sec. 6717. Policy on required user adoption metrics in certain contracts for artificial
intelligence and emerging technology software products.
Sec. 6718. Certification relating to information technology and software systems.
Subtitle C—Reports
Sec. 6721. Reports on integration of artificial intelligence within intelligence community.
Sec. 6722. Report on potential benefits of establishment of ICWERX.
Sec. 6723. Requirements and report on workforce needs of intelligence community
relating to science, technology, engineering, and math, and related
areas.
Subtitle D—Talent, Education, and Training
Sec. 6731. Report on establishment of technology acquisition cadre.
Sec. 6732. Emerging technology education and training.
Subtitle E—Other Matters
Sec. 6741. Improvements to use of commercial software products.
Sec. 6742. Code-free artificial intelligence enablement tools policy.
TITLE LXVIII—OTHER MATTERS
Sec. 6801. Improvements relating to continuity of Privacy and Civil Liberties Oversight Board membership.
Sec. 6802. Modification of requirement for office to address unidentified anomalous
phenomena.
Sec. 6803. Comptroller General of the United States audits and briefings on unidentified anomalous phenomena historical record report.
Sec. 6804. Report on precursor chemicals used in the production of synthetic
opioids.
Sec. 6805. Assessment and report on mass migration in the Western Hemisphere.
Sec. 6806. Report on international norms, rules, and principles applicable in space.
Sec. 6807. Assessments of the effects of sanctions imposed with respect to the Russian Federation’s invasion of Ukraine.
Sec. 6808. Assessment of impact of Russia’s invasion of Ukraine on food security.
Sec. 6809. Pilot program for Director of Federal Bureau of Investigation to undertake an effort to identify International Mobile Subscriber Identity-catchers.
Sec. 6810. Department of State Bureau of Intelligence and Research assessment of
anomalous health incidents.
Sec. 6811. Repeal and modification of certain reporting and briefing requirements.
Sec. 6812. Increased intelligence-related engineering, research, and development
capabilities of minority institutions.
Sec. 6813. Reports on personnel vetting processes and progress under Trusted
Workforce 2.0 initiative.
Sec. 6814. Reports relating to programs of record of National Geospatial-Intelligence Agency.
Sec. 6815. Plan regarding Social Media Data and Threat Analysis Center.
Sec. 6816. Report on use of publicly available social media information in personnel
vetting determinations.
Sec. 6817. Report on strengthening workforce diversity planning and oversight.
Sec. 6818. Report on transition of National Reconnaissance Office to digital engineering environment.

H. R. 7776—32
Sec.
Sec.
Sec.
Sec.

6819.
6820.
6821.
6822.

Briefing on Department of Homeland Security intelligence activities.
Report on declassification efforts of Central Intelligence Agency.
Report on National Space Intelligence Center.
Report on implementation of Executive Order 13556, regarding controlled unclassified information.
Sec. 6823. National Museum of Intelligence and Special Operations.
Sec. 6824. Technical corrections.
DIVISION G—HOMELAND SECURITY
TITLE LXXI—HOMELAND SECURITY MATTERS
Subtitle A—Strengthening Security in Our Communities
Sec. 7101. Enhancements to funding and administration of Nonprofit Security
Grant Program of the Department of Homeland Security.
Sec. 7102. Preservation of homeland security capabilities.
Sec. 7103. School and daycare protection.
Sec. 7104. Cybersecurity grants for schools.
Sec. 7105. Transnational Criminal Investigative Unit Stipend.
Sec. 7106. Chemical Security Analysis Center.
Subtitle B—Strengthening DHS Management, Policymaking, and Operations
Sec. 7111. Joint Task Forces of the Department of Homeland Security.
Sec. 7112. Homeland Procurement Reform Act.
Sec. 7113. Daily public report of covered contract awards.
Sec. 7114. Preference for United States industry.
Sec. 7115. Department of Homeland Security mentor-prote´ge´ program.
Sec. 7116. DHS economic security council.
Sec.
Sec.
Sec.
Sec.

7121.
7122.
7123.
7124.

Subtitle C—Enhancing Cybersecurity Training and Operations
President’s Cup Cybersecurity Competition.
Industrial control systems cybersecurity training.
National Computer Forensics Institute reauthorization.
Report on cybersecurity roles and responsibilities of the Department of
Homeland Security.

Subtitle D—Enhancing Transportation and Border Security Operations
Sec. 7131. TSA reaching across nationalities, societies, and languages to advance
traveler education.
Sec. 7132. One-stop pilot program.
Sec. 7133. Report on efforts of the Department of Homeland Security to deter vehicular terrorist attacks (Darren Drake).
Sec. 7134. DHS illicit cross-border tunnel defense.
Sec. 7135. Providing training for U.S. Customs and Border Protection personnel on
the use of containment devices to prevent secondary exposure to
fentanyl and other potentially lethal substances.
Sec. 7136. Reports, evaluations, and research regarding drug interdiction at and
between ports of entry.
Subtitle E—Technical Corrections, Conforming Changes, and Improvements
Sec. 7141. Quadrennial homeland security review technical corrections.
Sec. 7142. Technical, conforming, and clerical amendments.
Sec. 7143. CISA technical corrections and improvements.
TITLE LXXII—GOVERNMENTAL AFFAIRS
Subtitle A—Intragovernmental Cybersecurity Information Sharing Act
Sec. 7201. Requirement for information sharing agreements.
Subtitle A—Improving Government for America’s Taxpayers
Sec. 7211. Government Accountability Office unimplemented priority recommendations.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

7221.
7222.
7223.
7224.
7225.
7226.

Subtitle B—Advancing American AI Act
Short title.
Purposes.
Definitions.
Principles and policies for use of artificial intelligence in Government.
Agency inventories and artificial intelligence use cases.
Rapid pilot, deployment and scale of applied artificial intelligence capabilities to demonstrate modernization activities related to use cases.

H. R. 7776—33
Sec. 7227. Enabling entrepreneurs and agency missions.
Sec. 7228. Intelligence community exception.
Sec.
Sec.
Sec.
Sec.

7231.
7232.
7233.
7234.

Subtitle C—Strategic EV Management
Short Title.
Definitions.
Strategic guidance.
Study of Federal fleet vehicles.

Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

7241.
7242.
7243.
7244.
7245.
7246.
7247.
7248.

Subtitle D—Congressionally Mandated Reports
Short title.
Definitions.
Establishment of online portal for congressionally mandated reports.
Federal agency responsibilities.
Changing or removing reports.
Withholding of information.
Implementation.
Determination of budgetary effects.

TITLE LXXIII—TRANSPORTATION AND INFRASTRUCTURE MATTERS
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

7301.
7302.
7303.
7304.
7305.
7306.
7307.
7308.
7309.

Subtitle A—Global Catastrophic Risk Management Act of 2022
Short title.
Definitions.
Assessment of global catastrophic risk.
Report required.
Enhanced catastrophic incident annex.
Validation of the strategy through an exercise.
Recommendations.
Reporting requirements.
Rules of construction.

Subtitle B—Technological Hazards Preparedness and Training
Sec. 7311. Short title.
Sec. 7312. Definitions.
Sec. 7313. Assistance and training for communities with technological hazards and
related emerging threats.
Sec. 7314. Authorization of appropriations.
Sec. 7315. Savings provision.
Subtitle C—Other Matters
Sec. 7321. Crisis counseling assistance and training.
DIVISION H—WATER RESOURCES
TITLE LXXXI—WATER RESOURCES DEVELOPMENT ACT OF 2022
Sec. 8001. Short title; table of contents.
Sec. 8002. Secretary defined.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

8101.
8102.
8103.
8104.
8105.
8106.
8107.
8108.
8109.
8110.
8111.
8112.
8113.
8114.
8115.

Sec.
Sec.
Sec.
Sec.

8116.
8117.
8118.
8119.

Subtitle A—General Provisions
Federal breakwaters and jetties.
Emergency response to natural disasters.
Shoreline and riverbank protection and restoration mission.
Floodplain management services.
Public recreational amenities in ecosystem restoration projects.
Scope of feasibility studies.
Water supply conservation.
Managed aquifer recharge study and working group.
Updates to certain water control manuals.
National coastal mapping study.
Tribal partnership program.
Tribal Liaison.
Tribal assistance.
Cost sharing provisions for the territories and Indian Tribes.
Tribal and Economically Disadvantaged Communities Advisory Committee.
Workforce planning.
Corps of Engineers support for underserved communities; outreach.
Pilot programs for certain communities.
Technical assistance.

H. R. 7776—34
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

8120.
8121.
8122.
8123.
8124.
8125.

Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

8126.
8127.
8128.
8129.
8130.
8131.

Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

8132.
8133.
8134.
8135.
8136.
8137.
8138.
8139.
8140.
8141.

Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

8142.
8143.
8144.
8145.
8146.
8147.
8148.
8149.
8150.
8151.

Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

8152.
8153.
8154.
8155.
8156.
8157.
8158.
8159.
8160.
8161.
8162.

Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

8201.
8202.
8203.
8204.
8205.
8206.

Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

8207.
8208.
8209.
8210.
8211.
8212.
8213.
8214.
8215.
8216.
8217.
8218.
8219.
8220.
8221.

Technical assistance for levee inspections.
Assessment of Corps of Engineers levees.
National low-head dam inventory.
Expediting hydropower at Corps of Engineers facilities.
Reserve component training at water resources development projects.
Payment of pay and allowances of certain officers from appropriation for
improvements.
Maintenance dredging permits.
Environmental dredging.
Assessment of regional confined aquatic disposal facilities.
Studies for periodic nourishment.
Beneficial use of dredged material; management plans.
Criteria for funding operation and maintenance of small, remote, and
subsistence harbors.
Additional projects for underserved community harbors.
Inland waterways regional dredge pilot program.
NEPA reporting.
Funding to process permits.
Lease durations.
Reforestation.
Emergency streambank and shoreline protection.
Lease deviations.
Policy and technical standards.
Corps records relating to harmful algal blooms in Lake Okeechobee,
Florida.
Forecasting models for the Great Lakes.
Monitoring and assessment program for saline lakes in the Great Basin.
Chattahoochee River program.
Lower Mississippi River Basin demonstration program.
Washington Aqueduct.
Water infrastructure public-private partnership pilot program.
Advance payment in lieu of reimbursement for certain Federal costs.
Use of other Federal funds.
Non-Federal Interest Advisory Committee.
Materials, services, and funds for repair, restoration, or rehabilitation of
certain public recreation facilities.
Rehabilitation of pump stations.
Report to Congress on Corps of Engineers reservoirs.
Temporary relocation assistance pilot program.
Continuation of construction.
Federal interest determination.
Inland waterway projects.
Corps of Engineers Western Water Cooperative Committee.
Support of Army civil works missions.
Civil works research and development.
Sense of Congress on operations and maintenance of recreation sites.
Sense of Congress relating to post-disaster repairs.
Subtitle B—Studies and Reports
Authorization of proposed feasibility studies.
Expedited completion.
Expedited modifications of existing feasibility studies.
Corps of Engineers reservoir sedimentation assessment.
Report and recommendations on dredge capacity.
Assessment of impacts from changing operation and maintenance responsibilities.
Maintenance dredging data.
Western infrastructure study.
Recreation and economic development at Corps facilities in Appalachia.
Ouachita River watershed, Arkansas and Louisiana.
Report on Santa Barbara streams, Lower Mission Creek, California.
Disposition study on Salinas Dam and Reservoir, California.
Excess lands report for Whittier Narrows Dam, California.
Comprehensive central and southern Florida study.
Northern estuaries ecosystem restoration, Florida.
Study on shellfish habitat and seagrass, Florida Central Gulf Coast.
Report on South Florida ecosystem restoration plan implementation.
Great Lakes recreational boating.
Hydraulic evaluation of Upper Mississippi River and Illinois River.
Disposition study on hydropower in the Willamette Valley, Oregon.
Houston Ship Channel Expansion Channel Improvement Project, Texas.

H. R. 7776—35
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

8222.
8223.
8224.
8225.
8226.
8227.
8228.
8229.
8230.
8231.

Sec. 8232.
Sec. 8233.
Sec. 8234.
Sec. 8235.
Sec. 8236.
Sec. 8237.

Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

8301.
8302.
8303.
8304.
8305.
8306.
8307.
8308.
8309.
8310.
8311.
8312.
8313.
8314.
8315.

Sec. 8316.
Sec. 8317.
Sec. 8318.
Sec. 8319.
Sec. 8320.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

8321.
8322.
8323.
8324.
8325.
8326.
8327.
8328.
8329.
8330.
8331.
8332.
8333.
8334.
8335.
8336.
8337.

Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

8338.
8339.
8340.
8341.
8342.
8343.
8344.
8345.

Sabine–Neches waterway navigation improvement project, Texas.
Norfolk Harbor and Channels, Virginia.
Coastal Virginia, Virginia.
West Virginia hydropower.
Electronic preparation and submission of applications.
Investments for recreation areas.
Automated fee machines.
Review of recreational hazards.
Assessment of coastal flooding mitigation modeling and testing capacity.
Report on socially and economically disadvantaged small business concerns.
Report on solar energy opportunities.
Report to Congress on economic valuation of preservation of open space,
recreational areas, and habitat associated with project lands.
Report on corrosion prevention activities.
Report to Congress on easements related to water resources development projects.
GAO studies.
Assessment of forest, rangeland, and watershed restoration services on
lands owned by the Corps of Engineers.
Subtitle C—Deauthorizations and Modifications
Deauthorization of inactive projects.
Watershed and river basin assessments.
Forecast-informed reservoir operations.
Lakes program.
Invasive species.
Maintenance of navigation channels.
Project reauthorizations.
Special rule for certain beach nourishment projects.
Columbia River Basin.
Evaluation of hydrologic changes in Souris River Basin.
Acequias irrigation systems.
Port of Nome, Alaska.
St. George, Alaska.
Unalaska (Dutch Harbor) Channels, Alaska.
Storm damage prevention and reduction, coastal erosion, and ice and
glacial damage, Alaska.
St. Francis Lake Control Structure.
South Platte River and Tributaries, Adams and Denver Counties, Colorado.
Fruitvale Avenue Railroad Bridge, Alameda, California.
Los Angeles County, California.
Deauthorization of designated portions of the Los Angeles County Drainage Area, California.
Murrieta Creek, California.
Sacramento River Basin, California.
San Diego River and Mission Bay, San Diego County, California.
Additional assistance for Eastern Santa Clara Basin, California.
San Francisco Bay, California.
South San Francisco Bay Shoreline, California.
Delaware shore protection and restoration.
St. Johns River Basin, Central and Southern Florida.
Little Pass, Clearwater Bay, Florida.
Comprehensive Everglades Restoration Plan, Florida.
Palm Beach Harbor, Florida.
Port Everglades, Florida.
South Florida Ecosystem Restoration Task Force.
New Savannah Bluff Lock and Dam, Georgia and South Carolina.
Little Wood River, Gooding, Idaho.
Chicago shoreline protection.
Great Lakes and Mississippi River Interbasin project, Brandon Road,
Will County, Illinois.
Southeast Des Moines, Southwest Pleasant Hill, Iowa.
City of El Dorado, Kansas.
Algiers Canal Levees, Louisiana.
Mississippi River Gulf Outlet, Louisiana.
Camp Ellis, Saco, Maine.
Lower Mississippi River comprehensive management study.
Upper Mississippi River protection.
Upper Mississippi River restoration program.

H. R. 7776—36
Sec. 8346. Water level management on the Upper Mississippi River and Illinois
Waterway.
Sec. 8347. Mississippi Delta Headwaters, Mississippi.
Sec. 8348. Sense of Congress relating to Okatibbee Lake, Mississippi.
Sec. 8349. Argentine, East Bottoms, Fairfax-Jersey Creek, and North Kansas Levees units, Missouri River and tributaries at Kansas Cities, Missouri and
Kansas.
Sec. 8350. Lower Missouri River streambank erosion control evaluation and demonstration projects.
Sec. 8351. Missouri River interception-rearing complexes.
Sec. 8352. Missouri River mitigation project, Missouri, Kansas, Iowa, and Nebraska.
Sec. 8353. Northern Missouri.
Sec. 8354. Israel River, Lancaster, New Hampshire.
Sec. 8355. Middle Rio Grande flood protection, Bernalillo to Belen, New Mexico.
Sec. 8356. Ecosystem restoration, Hudson–Raritan Estuary, New York and New
Jersey.
Sec. 8357. Arkansas River corridor, Oklahoma.
Sec. 8358. Copan Lake, Oklahoma.
Sec. 8359. Southwestern Oregon.
Sec. 8360. Yaquina River, Oregon.
Sec. 8361. Lower Blackstone River, Rhode Island.
Sec. 8362. Charleston Harbor, South Carolina.
Sec. 8363. Colleton County, South Carolina.
Sec. 8364. Ensley levee, Tennessee.
Sec. 8365. Wolf River Harbor, Tennessee.
Sec. 8366. Addicks and Barker Reservoirs, Texas.
Sec. 8367. North Padre Island, Corpus Christi Bay, Texas.
Sec. 8368. Nueces County, Texas.
Sec. 8369. Lake Champlain Canal, Vermont and New York.
Sec. 8370. Rehabilitation of Corps of Engineers constructed dams.
Sec. 8371. Puget Sound nearshore ecosystem restoration, Washington.
Sec. 8372. Lower Mud River, Milton, West Virginia.
Sec. 8373. Northern West Virginia.
Sec. 8374. Southern West Virginia.
Sec. 8375. Environmental infrastructure.
Sec. 8376. Additional assistance for critical projects.
Sec. 8377. Conveyances.
Sec. 8378. Land transfer and trust land for Choctaw Nation of Oklahoma.
Sec. 8379. John P. Murtha Locks and Dam.
Sec. 8380. Treatment of certain benefits and costs.
Sec. 8381. Debris removal.
Sec. 8382. General reauthorizations.
Sec. 8383. Transfer of excess credit.
Sec. 8384. Treatment of credit between projects.
Sec. 8385. Non-Federal payment flexibility.
Sec. 8386. Coastal community flood control and other purposes.
Sec. 8387. National levee safety program.
Sec. 8388. Surplus water contracts and water storage agreements.
Sec. 8389. Water supply storage repair, rehabilitation, and replacement costs.
Sec. 8390. Abandoned and inactive noncoal mine restoration.
Sec. 8391. Asian carp prevention and control pilot program.
Sec. 8392. Enhanced development program.
Sec. 8393. Recreational opportunities at certain projects.
Sec. 8394. Federal assistance.
Sec. 8395. Mississippi River mat sinking unit.
Sec. 8396. Sense of Congress on lease agreement.
Sec. 8397. Expedited completion of projects and studies.
Subtitle D—Water Resources Infrastructure
Sec. 8401. Project authorizations.
Sec. 8402. Special rules.
Sec. 8403. Facility investment.
TITLE LXXXV—CLEAN WATER
Sec. 8501. Regional water programs.
Sec. 8502. Nonpoint source management programs.
Sec. 8503. Wastewater assistance to colonias.
DIVISION I—DEPARTMENT OF STATE AUTHORIZATIONS
Sec. 9001. Short title.

H. R. 7776—37
Sec. 9002. Definitions.
TITLE XCI—ORGANIZATION AND OPERATIONS OF THE DEPARTMENT OF
STATE
Sec. 9101. Modernizing the Bureau of Arms Control, Verification, and Compliance
and the Bureau of International Security and Nonproliferation.
Sec. 9102. Notification to Congress for United States nationals unlawfully or
wrongfully detained abroad.
Sec. 9103. Family Engagement Coordinator.
Sec. 9104. Rewards for Justice.
Sec. 9105. Ensuring geographic diversity and accessibility of passport agencies.
Sec. 9106. Cultural Antiquities Task Force.
Sec. 9107. Office of Sanctions Coordination.
Sec. 9108. Sense of Congress and strategic plan regarding the Department of
State’s Unit for Subnational Diplomacy.
TITLE XCII—PERSONNEL ISSUES
Sec. 9201. Department of State paid Student Internship Program.
Sec. 9202. Improvements to the prevention of, and the response to, harassment,
discrimination, sexual assault, and related retaliation.
Sec. 9203. Increasing the maximum amount authorized for science and technology
fellowship grants and cooperative agreements.
Sec. 9204. Additional personnel to address backlogs in hiring and investigations.
Sec. 9205. Foreign affairs training.
Sec. 9206. Facilitation and encouragement of training and professional development for Foreign Service and Civil Service personnel.
Sec. 9207. Security clearance approval process.
Sec. 9208. Addendum for study on foreign service allowances.
Sec. 9209. Curtailments, removals from post, and waivers of privileges and immunities.
Sec. 9210. Report on worldwide availability.
Sec. 9211. Professional development.
Sec. 9212. Management assessments at diplomatic and consular posts.
Sec. 9213. Independent review of promotion policies.
Sec. 9214. Third party verification of permanent change of station (PCS) orders.
Sec. 9215. Post-employment restrictions on Senate-confirmed officials at the Department of State.
Sec. 9216. Expansion of authorities regarding special rules for certain monthly
workers’ compensation payments and other payments.
Sec. 9217. Report on pilot program for lateral entry into the Foreign Service.
Sec. 9218. Report on changes to the Foreign Service Officer test.
Sec. 9219. Dignity for people with disabilities serving in the Foreign Service.
Sec. 9220. Expanding scope of fellowship programs to include civil servants.
TITLE XCIII—EMBASSY SECURITY AND CONSTRUCTION
Sec. 9301. Amendments to Secure Embassy Construction and Counterterrorism Act
of 1999.
Sec. 9302. Diplomatic support and security.
Sec. 9303. Establishment of United States embassies in Solomon Islands, Kiribati,
and Tonga and a diplomatic presence in Vanuatu.
TITLE XCIV—A DIVERSE WORKFORCE: RECRUITMENT, RETENTION, AND
PROMOTION
Sec. 9401. Report on barriers to applying for employment with the Department of
State.
Sec. 9402. Collection, analysis, and dissemination of workforce data.
Sec. 9403. Centers of Excellence in Foreign Affairs and Assistance.
Sec. 9404. Promoting transparency and accountability in the Department of State
workforce.
Sec. 9405. Rule of construction.
TITLE XCV—INFORMATION SECURITY AND CYBER DIPLOMACY
9501. United States international cyberspace policy.
9502. Bureau of Cyberspace and Digital Policy.
9503. International cyberspace and digital policy strategy.
9504. Government Accountability Office report on cyber diplomacy.
9505. Report on diplomatic programs to detect and respond to cyber threats
against allies and partners.
Sec. 9506. Cybersecurity recruitment and retention.
Sec. 9507. Short course on emerging technologies for senior officials.
Sec.
Sec.
Sec.
Sec.
Sec.

H. R. 7776—38
Sec. 9508. Establishment and expansion of Regional Technology Officer Program.
Sec. 9509. Vulnerability disclosure policy and bug bounty program report.
Sec.
Sec.
Sec.
Sec.

9601.
9602.
9603.
9604.

TITLE XCVI—PUBLIC DIPLOMACY
United States participation in international fairs and expositions.
Under Secretary for Public Diplomacy and Public Affairs.
Report on public diplomacy.
Promoting peace, education, and cultural exchange through music diplomacy.

TITLE XCVII—OTHER MATTERS
Sec. 9701. Supporting the employment of United States citizens by international
organizations.
Sec. 9702. Increasing housing availability for certain employees assigned to the
United States Mission to the United Nations.
Sec. 9703. Limitation on United States contributions to peacekeeping operations
not authorized by the United Nations Security Council.
Sec. 9704. Boards of Radio Free Europe/Radio Liberty, Radio Free Asia, the Middle
East Broadcasting Networks, and the Open Technology Fund.
Sec. 9705. Broadcasting entities no longer required to consolidate into a single private, nonprofit corporation.
Sec. 9706. International broadcasting activities.
Sec. 9707. Global internet freedom.
Sec. 9708. Arms Export Control Act alignment with the Export Control Reform Act.
Sec. 9709. Increasing the maximum annual lease payment available without approval by the Secretary.
Sec. 9710. Report on United States access to critical mineral resources abroad.
Sec. 9711. Overseas United States strategic infrastructure development projects.
Sec. 9712. Provision of parking services and retention of parking fees.
Sec. 9713. Diplomatic reception areas.
Sec. 9714. Return of supporting documents for passport applications through
United States Postal Service certified mail.
Sec. 9715. Report on distribution of personnel and resources related to ordered departures and post closures.
Sec. 9716. Elimination of obsolete reports.
Sec. 9717. Locality pay for Federal employees working overseas under Domestic
Employee Teleworking Overseas agreements.
Sec. 9718. Report on countering the activities of malign actors.
TITLE XCVIII—EXTENSION OF AUTHORITIES
Sec. 9801. Diplomatic facilities.
Sec. 9802. Extension of existing authorities.
Sec. 9803. Commission on Reform and Modernization of the Department of State.
DIVISION J—OCEANS AND ATMOSPHERE
Sec. 10000. Table of contents.
TITLE C—CORAL REEF CONSERVATION
Subtitle A—Reauthorization of Coral Reef Conservation Act of 2000
Sec. 10001. Reauthorization of Coral Reef Conservation Act of 2000.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

10011.
10012.
10013.
10014.
10015.
10016.

Subtitle B—United States Coral Reef Task Force
Establishment.
Duties.
Membership.
Responsibilities of Federal agency members.
Working groups.
Definitions.

Subtitle C—Department of the Interior Coral Reef Authorities
Sec. 10021. Coral reef conservation and restoration assistance.
Subtitle D—Susan L. Williams National Coral Reef Management Fellowship
Sec. 10031. Susan L. Williams National Coral Reef Management Fellowship.
TITLE CI—BOLSTERING LONG-TERM UNDERSTANDING AND EXPLORATION
OF THE GREAT LAKES, OCEANS, BAYS, AND ESTUARIES
Sec. 10101. Purpose.

H. R. 7776—39
Sec.
Sec.
Sec.
Sec.
Sec.

10102.
10103.
10104.
10105.
10106.

Definitions.
Workforce study.
Accelerating innovation at Cooperative Institutes.
Blue Economy valuation.
No additional funds authorized.

TITLE CII—REGIONAL OCEAN PARTNERSHIPS
Sec. 10201. Findings; purposes.
Sec. 10202. Regional Ocean Partnerships.
TITLE CIII—NATIONAL OCEAN EXPLORATION
Findings.
Definitions.
Ocean Policy Committee.
National Ocean Mapping, Exploration, and Characterization Council.
Modifications to the ocean exploration program of the National Oceanic
and Atmospheric Administration.
Sec. 10306. Repeal.
Sec. 10307. Modifications to ocean and coastal mapping program of the National
Oceanic and Atmospheric Administration.
Sec. 10308. Modifications to Hydrographic Services Improvement Act of 1998.
Sec.
Sec.
Sec.
Sec.
Sec.

Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

10301.
10302.
10303.
10304.
10305.

TITLE CIV—MARINE MAMMAL RESEARCH AND RESPONSE
10401. Data collection and dissemination.
10402. Stranding or entanglement response agreements.
10403. Unusual mortality event activity funding.
10404. Liability.
10405. National Marine Mammal Tissue Bank and tissue analysis.
10406. Marine Mammal Rescue and Response Grant Program and Rapid Response Fund.
10407. Health MAP.
10408. Reports to Congress.
10409. Authorization of appropriations.
10410. Definitions.
10411. Study on marine mammal mortality.

TITLE CV—VOLCANIC ASH AND FUMES
Sec. 10501. Modifications to National Volcano Early Warning and Monitoring System.
TITLE CVI—LEARNING EXCELLENCE AND GOOD EXAMPLES FROM NEW
DEVELOPERS
Sec. 10601. Learning excellence and good examples from new developers.
DIVISION K—DON YOUNG COAST GUARD AUTHORIZATION ACT OF 2022
Sec. 11001. Short title; table of contents.
Sec. 11002. Definitions.
Sec. 11003. Rule of construction.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

11101.
11102.
11103.
11104.
11105.
11106.

TITLE CXI—AUTHORIZATIONS
Authorization of appropriations.
Authorized levels of military strength and training.
Authorization for certain programs and services.
Availability of amounts for acquisition of additional vessels.
Shoreside infrastructure and facilities.
Coast Guard yard resilient infrastructure and construction improvement.
TITLE CXII—COAST GUARD

Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

Subtitle A—Infrastructure and Assets
11201. Report on shoreside infrastructure and facilities projects.
11202. Report and briefing on resourcing strategy for Western Pacific region.
11203. Study and report on national security and drug trafficking threats in
Florida Straits, Cuba, and Caribbean region.
11204. Coast Guard Yard.
11205. Authority to enter into transactions other than contracts and grants to
procure cost-effective technology for mission needs.
11206. Improvements to infrastructure and operations planning.
11207. Aqua alert notification system pilot program.

H. R. 7776—40
Sec. 11208. Pilot project for enhancing Coast Guard cutter readiness through condition-based maintenance.
Sec. 11209. Study on laydown of Coast Guard Cutters.
Sec. 11210. Acquisition life-cycle cost estimates.
Sec. 11211. Disposition of infrastructure related to E–LORAN.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

11212.
11213.
11214.
11215.
11216.
11217.

Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

11218.
11219.
11220.
11221.
11222.
11223.

Subtitle B—Great Lakes
Great Lakes winter commerce.
Database on icebreaking operations in Great Lakes.
Center of expertise for Great Lakes oil spill search and response.
Great Lakes snowmobile acquisition plan.
Great Lakes barge inspection exemption.
Study on sufficiency of Coast Guard aviation assets to meet mission demands.
Subtitle C—Arctic
Establishment of medium icebreaker program office.
Arctic activities.
Study on Arctic operations and infrastructure.
Pribilof Island transition completion actions.
Report on shipyards of Finland and Sweden.
Acquisition of icebreaker.

Subtitle D—Maritime Cyber and Artificial Intelligence
Sec. 11224. Enhancing maritime cybersecurity.
Sec. 11225. Establishment of unmanned system program and autonomous control
and computer vision technology project.
Sec. 11226. Artificial intelligence strategy.
Sec. 11227. Review of artificial intelligence applications and establishment of performance metrics.
Sec. 11228. Cyber data management.
Sec. 11229. Data management.
Sec. 11230. Study on cyber threats to United States marine transportation system.
Subtitle E—Aviation
Sec. 11231. Space-available travel on Coast Guard aircraft: program authorization
and eligible recipients.
Sec. 11232. Report on Coast Guard Air Station Barbers Point hangar.
Sec. 11233. Study on operational availability of Coast Guard aircraft and strategy
for Coast Guard Aviation.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

Subtitle F—Workforce Readiness
Authorized strength.
Continuation of officers with certain critical skills on active duty.
Number and distribution of officers on active duty promotion list.
Career incentive pay for marine inspectors.
Expansion of ability for selection board to recommend officers of particular merit for promotion.
11239. Modification to education loan repayment program.
11240. Retirement of Vice Commandant.
11241. Report on resignation and retirement processing times and denial.
11242. Calculation of active service.
11243. Physical Disability Evaluation System procedure review.
11244. Expansion of authority for multirater assessments of certain personnel.
11245. Promotion parity.
11246. Partnership program to diversify Coast Guard.
11247. Expansion of Coast Guard Junior Reserve Officers’ Training Corps.
11248. Improving representation of women and racial and ethnic minorities
among Coast Guard active-duty members.
11249. Strategy to enhance diversity through recruitment and accession.
11250. Support for Coast Guard Academy.
11251. Training for congressional affairs personnel.
11252. Strategy for retention of cuttermen.
11253. Study on performance of Coast Guard Force Readiness Command.
11254. Study on frequency of weapons training for Coast Guard personnel.
11234.
11235.
11236.
11237.
11238.

Subtitle G—Miscellaneous Provisions
Sec. 11255. Modification of prohibition on operation or procurement of foreign-made
unmanned aircraft systems.
Sec. 11256. Budgeting of Coast Guard relating to certain operations.

H. R. 7776—41
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

11257.
11258.
11259.
11260.
11261.
11262.
11263.
11264.
11265.

Report on San Diego maritime domain awareness.
Conveyance of Coast Guard vessels for public purposes.
National Coast Guard Museum funding plan.
Report on Coast Guard explosive ordnance disposal.
Transfer and conveyance.
Transparency and oversight.
Study on safety inspection program for containers and facilities.
Operational data sharing capability.
Feasibility study on construction of Coast Guard station at Port Mansfield.
11266. Procurement of tethered aerostat radar system for Coast Guard Station
South Padre Island.
11267. Prohibition on major acquisition contracts with entities associated with
Chinese Communist Party.
11268. Review of drug interdiction equipment and standards; testing for
fentanyl during interdiction operations.
11269. Public availability of information on monthly migrant interdictions.
11270. Cargo waiting time reduction.
11271. Study on Coast Guard oversight and investigations.

Subtitle H—Sexual Assault and Sexual Harassment Response and Prevention
Sec. 11272. Administration of sexual assault forensic examination kits.
Sec. 11273. Policy on requests for permanent changes of station or unit transfers
by persons who report being the victim of sexual assault.
Sec. 11274. Sex offenses and personnel records.
Sec. 11275. Study on Special Victims’ Counsel program.
TITLE CXIII—ENVIRONMENT
Subtitle A—Marine Mammals
Sec. 11301. Definitions.
Sec. 11302. Assistance to ports to reduce impacts of vessel traffic and port operations on marine mammals.
Sec. 11303. Near real-time monitoring and mitigation program for large cetaceans.
Sec. 11304. Pilot program to establish a Cetacean Desk for Puget Sound region.
Sec. 11305. Monitoring ocean soundscapes.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

11306.
11307.
11308.
11309.
11310.
11311.
11312.
11313.
11314.
11315.
11316.
11317.

Subtitle B—Oil Spills
Report on changing salvors.
Limited indemnity provisions in standby oil spill response contracts.
Improving oil spill preparedness.
Western Alaska oil spill planning criteria.
Coast Guard claims processing costs.
Calculation of interest on debt owed to national pollution fund.
Per-incident limitation.
Access to Oil Spill Liability Trust Fund.
Cost-reimbursable agreements.
Oil spill response review.
Additional exceptions to regulations for towing vessels.
Port Coordination Council for Point Spencer.

Subtitle C—Environmental Compliance
Sec. 11318. Providing requirements for vessels anchored in established anchorage
grounds.
Sec. 11319. Study on impacts on shipping and commercial, Tribal, and recreational
fisheries from development of renewable energy on West Coast.
Sec. 11320. Use of devices broadcasting on AIS for purposes of marking fishing
gear.
Subtitle D—Environmental Issues
Sec. 11321. Notification of communication outages.
Sec. 11322. Improvements to communication with fishing industry and related
stakeholders.
Sec. 11323. Advance notification of military or other exercises.
Sec. 11324. Modifications to Sport Fish Restoration and Boating Trust Fund administration.
Sec. 11325. Load lines.
Sec. 11326. Actions by National Marine Fisheries Service to increase energy production.
Sec. 11327. Aquatic Nuisance Species Task Force.
Sec. 11328. Safety standards.

H. R. 7776—42
Subtitle E—Illegal Fishing and Forced Labor Prevention
Sec. 11329. Definitions.

Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

CHAPTER 1—COMBATING HUMAN TRAFFICKING THROUGH SEAFOOD IMPORT
MONITORING
11330. Enhancement of Seafood Import Monitoring Program Message Set in
Automated Commercial Environment system.
11331. Data sharing and aggregation.
11332. Import audits.
11333. Availability of fisheries information.
11334. Report on Seafood Import Monitoring Program.
11335. Authorization of appropriations.

CHAPTER 2—STRENGTHENING INTERNATIONAL FISHERIES MANAGEMENT TO COMBAT
HUMAN TRAFFICKING
Sec. 11336. Denial of port privileges.
Sec. 11337. Identification and certification criteria.
Sec. 11338. Equivalent conservation measures.
Sec. 11339. Capacity building in foreign fisheries.
Sec. 11340. Training of United States observers.
Sec. 11341. Regulations.
TITLE CXIV—SUPPORT FOR COAST GUARD WORKFORCE
Sec.
Sec.
Sec.
Sec.
Sec.

11401.
11402.
11403.
11404.
11405.

Sec.
Sec.
Sec.
Sec.
Sec.

11406.
11407.
11408.
11409.
11410.

Sec.
Sec.
Sec.
Sec.
Sec.

Subtitle A—Support for Coast Guard Members and Families
Coast Guard child care improvements.
Armed Forces access to Coast Guard child development services.
Cadet pregnancy policy improvements.
Combat-related special compensation.
Study on food security.

Subtitle B—Healthcare
Development of medical staffing standards for Coast Guard.
Healthcare system review and strategic plan.
Data collection and access to care.
Behavioral health policy.
Members asserting post-traumatic stress disorder or traumatic brain
injury.
11411. Improvements to Physical Disability Evaluation System and transition
program.
11412. Expansion of access to counseling.
11413. Expansion of postgraduate opportunities for members of Coast Guard
in medical and related fields.
11414. Study on Coast Guard medical facilities needs.
11415. Study on Coast Guard telemedicine program.

Subtitle C—Housing
Sec. 11416. Study on Coast Guard housing access, cost, and challenges.
Sec. 11417. Audit of certain military housing conditions of enlisted members of
Coast Guard in Key West, Florida.
Sec. 11418. Study on Coast Guard housing authorities and privatized housing.
Sec. 11419. Strategy to improve quality of life at remote units.
Subtitle D—Other Matters
Sec. 11420. Report on availability of emergency supplies for Coast Guard personnel.
Sec. 11421. Fleet mix analysis and shore infrastructure investment plan.
TITLE CXV—MARITIME
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

11501.
11502.
11503.
11504.
11505.
11506.
11507.

Subtitle A—Vessel Safety
Responses to safety recommendations.
Requirements for DUKW amphibious passenger vessels.
Exoneration and limitation of liability for small passenger vessels.
At-sea recovery operations pilot program.
Historic wood sailing vessels.
Certificates of numbers for undocumented vessels.
Comptroller General review and report on Coast Guard oversight of
third-party organizations.

H. R. 7776—43
Sec. 11508. Articulated tug-barge manning.
Sec. 11509. Fishing vessel safety.
Sec. 11510. Exemptions for certain passenger vessels.
Subtitle B—Merchant Mariner Credentialing
Sec. 11511. Modernizing merchant mariner credentialing system.
Sec. 11512. Assessment regarding application process for merchant mariner credentials.
Sec. 11513. GAO report.
Sec. 11514. Military to Mariners Act of 2022.
Sec. 11515. Definitions.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

Subtitle C—Other Matters
Nonoperating individual.
Oceanographic research vessels.
Port access routes briefing.
Definition of stateless vessel.
Limitation on recovery for certain injuries incurred in aquaculture activities.
11521. Report on securing vessels and cargo.
11522. Report on enforcement of coastwise laws.
11523. Land conveyance, Sharpe Army Depot, Lathrop, California.
11524. Prohibition on entry and operation.
11525. Floating dry docks.
11526. Updated requirements for fishing crew agreements.
11516.
11517.
11518.
11519.
11520.

TITLE CXVI—SEXUAL ASSAULT AND SEXUAL HARASSMENT PREVENTION
AND RESPONSE
Sec. 11601. Definitions.
Sec. 11602. Convicted sex offender as grounds for denial.
Sec. 11603. Sexual harassment or sexual assault as grounds for suspension or revocation.
Sec. 11604. Accommodation; notices.
Sec. 11605. Protection against discrimination.
Sec. 11606. Alcohol at sea.
Sec. 11607. Surveillance requirements.
Sec. 11608. Master key control.
Sec. 11609. Requirement to report sexual assault and harassment.
Sec. 11610. Safety management system.
Sec. 11611. Reports to Congress.
TITLE CXVII—NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
Subtitle A—National Oceanic and Atmospheric Administration Commissioned
Officer Corps
Sec. 11701. Definitions.
Sec. 11702. Requirement for appointments.
Sec. 11703. Repeal of requirement to promote ensigns after 3 years of service.
Sec. 11704. Authority to provide awards and decorations.
Sec. 11705. Retirement and separation.
Sec. 11706. Improving professional mariner staffing.
Sec. 11707. Legal assistance.
Sec. 11708. Acquisition of aircraft for agency air, atmosphere, and weather reconnaissance and research mission.
Sec. 11709. Report on professional mariner staffing models.
Subtitle B—Other Matters
Sec. 11710. Conveyance of certain property of National Oceanic and Atmospheric
Administration in Juneau, Alaska.

Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

TITLE CXVIII—TECHNICAL, CONFORMING, AND CLARIFYING
AMENDMENTS
11801. Terms and vacancies.
11802. Passenger vessel security and safety requirements.
11803. Technical corrections.
11804. Transportation worker identification credential technical amendments.
11805. Reinstatement.
11806. Determination of budgetary effects.
11807. Technical amendment.
11808. Lighthouse service amendments.

H. R. 7776—44
SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES.

In this Act, the term ‘‘congressional defense committees’’ has
the meaning given that term in section 101(a)(16) of title 10, United
States Code.
SEC. 4. BUDGETARY EFFECTS OF THIS ACT.

The budgetary effects of this Act, for the purpose of complying
with the Statutory Pay-As-You-Go Act of 2010, shall be determined
by reference to the latest statement titled ‘‘Budgetary Effects of
PAYGO Legislation’’ for this Act, jointly submitted for printing
in the Congressional Record by the Chairmen of the House and
Senate Budget Committees, provided that such statement has been
submitted prior to the vote on passage in the House acting first
on the conference report or amendment between the Houses.
SEC. 5. EXPLANATORY STATEMENT.

The explanatory statement regarding this Act, printed in the
House section of the Congressional Record on or about December
7, 2022, by the Chairman of the Committee on Armed Services
of the House of Representatives and the Chairman of the Committee
on Armed Services of the Senate, shall have the same effect with
respect to the implementation of this Act as if it were a joint
explanatory statement of a committee of conference.

DIVISION A—DEPARTMENT OF
DEFENSE AUTHORIZATIONS
TITLE I—PROCUREMENT
Subtitle A—Authorization of Appropriations
Sec. 101. Authorization of appropriations.
Subtitle B—Army Programs
Sec. 111. Limitations on production of Extended Range Cannon Artillery howitzers.
Subtitle C—Navy Programs
Sec. 121. Requirements relating to EA–18G aircraft of the Navy.
Sec. 122. Navy shipbuilding workforce development special incentive.
Sec. 123. Extension of prohibition on availability of funds for Navy port waterborne
security barriers.
Sec. 124. Limitation on authority to modify capabilities and fleet configuration of
E–6B aircraft.
Sec. 125. Multiyear procurement authority for Arleigh Burke class destroyers.
Sec. 126. Procurement authority for Ship-to-Shore Connector program.
Sec. 127. Procurement authority for CH–53K heavy lift helicopter program.
Sec. 128. Procurement authorities for John Lewis-class fleet replenishment oiler
ships.
Sec. 129. Procurement authorities for certain amphibious shipbuilding programs.
Sec. 130. Contracts for design and construction of the DDG(X) destroyer program.
Sec. 131. Tomahawk and Standard Missile–6 capability on FFG–62 class vessels.
Sec. 132. Report on advance procurement for CVN–82 and CVN–83.
Sec. 133. Quarterly briefings on the CH–53K King Stallion helicopter program.
Subtitle D—Air Force Programs
Sec. 141. Modification of inventory requirements for aircraft of the combat air
forces.
Sec. 142. Inventory and other requirements relating to air refueling tanker aircraft.
Sec. 143. Requirements relating to F–22 aircraft.
Sec. 144. Modification of exception to prohibition on certain reductions to B–1
bomber aircraft squadrons.
Sec. 145. Repeal of Air Force E–8C force presentation requirement.

H. R. 7776—45
Sec. 146. Minimum inventory of C–130 aircraft.
Sec. 147. Prohibition on availability of funds for retirement of C–40 aircraft.
Sec. 148. Prohibition on availability of funds for termination of production lines for
HH–60W aircraft.
Sec. 149. Prohibition on certain reductions to inventory of E–3 airborne warning
and control system aircraft.
Sec. 150. Limitation on divestment of F–15 aircraft.
Sec. 151. Authority to procure upgraded ejection seats for certain T–38A aircraft.
Sec. 152. Procurement authority for digital mission operations platform for the
Space Force.
Sec. 153. Digital transformation commercial software acquisition.
Sec. 154. Requirements study and strategy for the combat search and rescue mission of the Air Force.
Sec. 155. Plan for transfer of KC–135 aircraft to the Air National Guard.
Sec. 156. Annual reports on T–7A Advanced Pilot Training System.
Subtitle E—Defense-wide, Joint, and Multiservice Matters
Sec. 161. Increase in Air Force and Navy use of used commercial dual-use parts in
certain aircraft and engines.
Sec. 162. Assessment and strategy for fielding capabilities to counter threats posed
by unmanned aerial system swarms.
Sec. 163. Assessment and report on military rotary wing aircraft industrial base.
Sec. 164. Comptroller General audit of efforts to modernize the propulsion, power,
and thermal management systems of F–35 aircraft.

Subtitle A—Authorization of
Appropriations
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

Funds are hereby authorized to be appropriated for fiscal year
2023 for procurement for the Army, the Navy and the Marine
Corps, the Air Force and the Space Force, and Defense-wide activities, as specified in the funding table in section 4101.

Subtitle B—Army Programs
SEC. 111. LIMITATIONS ON PRODUCTION OF EXTENDED RANGE
CANNON ARTILLERY HOWITZERS.

(a) LIMITATIONS.—In carrying out the acquisition of Extended
Range Cannon Artillery howitzers, the Secretary of the Army
shall—
(1) limit production of prototype Extended Range Cannon
Artillery howitzers to not more than 20;
(2) compare the cost and value to the United States Government of a Paladin Integrated Management-modification production approach with a new-build production approach;
(3) include in any cost analysis or comparison—
(A) the monetary value of a Paladin howitzer that
may be modified to produce an Extended Range Cannon
Artillery howitzer; and
(B) the monetary value of leveraging governmentowned infrastructure to facilitate the modification;
(4) use a full and open competitive approach using best
value criteria for post-prototype production source selection;
and
(5) base any production strategy and source selection
decisions on a full understanding of the cost of production,
including—
(A) the comparison of production approaches described
in paragraph (2); and

H. R. 7776—46
(B) any cost analysis or comparison described in paragraph (3).
(b) CERTIFICATION.—Before issuing a request for proposal for
the post-prototype production of an Extended Range Cannon Artillery howitzer, the Secretary of the Army shall—
(1) certify to the congressional defense committees that
the acquisition strategy upon which the request for proposal
is based complies with the requirements of subsection (a); and
(2) provide to the congressional defense committees a
briefing on that acquisition strategy and the relevant cost and
value comparison described in subsection (a)(2).
(c) INCLUSION OF CERTAIN INFORMATION IN BUDGET MATERIALS.—The Secretary of the Army shall ensure that the cost of
procuring Paladin howitzers to be modified for post-prototype
production of Extended Range Cannon Artillery howitzers is
included—
(1) in the materials relating to the Extended Range Cannon
Artillery program submitted in support of the budget of the
President (as submitted to Congress under section 1105(a) of
title 31, United States Code) for each fiscal year in which
such program is carried out; and
(2) in any budget briefings concerning such program.

Subtitle C—Navy Programs
SEC. 121. REQUIREMENTS RELATING TO EA–18G AIRCRAFT OF THE
NAVY.

(a) LIMITATIONS AND MINIMUM INVENTORY REQUIREMENTS.—
Section 8062 of title 10, United States Code, is amended—
(1) by redesignating subsection (f) as subsection (g); and
(2) by inserting after subsection (e) the following new subsection:
‘‘(f)(1)(A) During the period beginning on the date of the enactment of the National Defense Authorization Act for Fiscal Year
2023 and ending on September 30, 2027, the Secretary of the
Navy may not—
‘‘(i) retire an EA–18G aircraft;
‘‘(ii) reduce funding for unit personnel or weapon
system sustainment activities for EA–18G aircraft in
a manner that presumes future congressional authority
to divest such aircraft;
‘‘(iii) place an EA–18G aircraft in active storage
status or inactive storage status; or
‘‘(iv) keep an EA–18G aircraft in a status considered excess to the requirements of the possessing command and awaiting disposition instructions.
‘‘(B) The prohibition under subparagraph (A) shall not
apply to individual EA–18G aircraft that the Secretary of the
Navy determines, on a case-by-case basis, to be no longer mission capable and uneconomical to repair because of aircraft
accidents or mishaps.
‘‘(2)(A) The Secretary of the Navy shall maintain a total aircraft
inventory of EA–18G aircraft of not less than 158 aircraft, of which
not less than 126 aircraft shall be coded as primary mission aircraft
inventory.

H. R. 7776—47
‘‘(B) The Secretary of the Navy may reduce the number of
EA–18G aircraft in the inventory of the Navy below the minimum
number specified in subparagraph (A) if the Secretary determines,
on a case-by-case basis, that an aircraft is no longer mission capable
and uneconomical to repair because of aircraft accidents or mishaps.
‘‘(C) In this paragraph, the term ‘primary mission aircraft
inventory’ means aircraft assigned to meet the primary aircraft
authorization—
‘‘(i) to a unit for the performance of its wartime mission;
‘‘(ii) to a training unit for technical and specialized training
for crew personnel or leading to aircrew qualification;
‘‘(iii) to a test unit for testing of the aircraft or its components for purposes of research, development, test, and evaluation, operational test and evaluation, or to support testing
programs; or
‘‘(iv) to meet requirements for missions not otherwise specified in clauses (i) through (iii).’’.
(b) REPORT REQUIRED.—Not later than 180 days after the date
of the enactment of this Act, the Secretary of the Navy and the
Secretary of the Air Force shall jointly submit to the congressional
defense committees a report that includes a strategy and execution
plan for continuously and effectively meeting the airborne electronic
attack training and combat requirements of the joint force. At
a minimum, the strategy and execution plan shall provide for—
(1) the integration and utilization of both reserve and active
duty component forces and resources within the Department
of the Navy and the Department of the Air Force; and
(2) the establishment or continuation of one or more joint
service expeditionary, land-based electronic attack squadrons
that equal or exceed the capacity and capability of such squadrons in effect as of the date of the enactment of this Act.
SEC. 122. NAVY SHIPBUILDING WORKFORCE DEVELOPMENT SPECIAL
INCENTIVE.

(a) IN GENERAL.—Chapter 863 of title 10, United States Code,
is amended by adding at the end the following new section:
‘‘SEC. 8696. NAVY SHIPBUILDING WORKFORCE DEVELOPMENT SPECIAL
INCENTIVE.

‘‘(a) REQUIREMENT.—
‘‘(1) IN GENERAL.—The Secretary of the Navy shall include
in any solicitation for a covered contract a special incentive
for workforce development that funds one or more workforce
development activities described in subsection (c).
‘‘(2) AMOUNT OF SPECIAL INCENTIVE.—The amount of a special incentive required under subsection (a)(1) shall be equal
to not less than one quarter of one percent and not more
than one percent of the estimated cost of the covered contract.
‘‘(3) WAIVER.—
‘‘(A) IN GENERAL.—The Secretary of the Navy may
waive one or more of the requirements of this section
if the Secretary determines—
‘‘(i) unreasonable cost or delay would be incurred
by complying with such requirements;
‘‘(ii) existing workforce development initiatives are
sufficient to meet workforce needs;
‘‘(iii) there are minimal workforce development
issues to be addressed; or

H. R. 7776—48
‘‘(iv) it is not in the national security interests
of the United States to comply with such requirements.
‘‘(B) NOTICE TO CONGRESS.—Not less than 30 days prior
to issuing a waiver under subparagraph (A), the Secretary
of the Navy shall submit to the congressional defense
committees written notice of the intent of the Secretary
to issue such a waiver. Such notice shall specify the basis
for such waiver and include a detailed explanation of the
reasons for issuing the waiver.
‘‘(b) MATCHING CONTRIBUTION REQUIREMENT.—
‘‘(1) IN GENERAL.—Funds for a special incentive for
workforce development required under subsection (a)(1) may
be expended only—
‘‘(A) on or after the date on which the service acquisition executive of the Navy receives a written commitment
from one or more entities described in paragraph (2) of
separate and distinct cumulative monetary contributions
to be made on or after the date of such commitment for
workforce development; and
‘‘(B) in an amount that is equal to the aggregate
amount of all monetary contributions from entities that
made commitments under subparagraph (A) not to exceed
the amount of funding made available for the special incentive under subsection (a)(2).
‘‘(2) ENTITIES DESCRIBED.—The entities described in this
paragraph are the following:
‘‘(A) The prime contractor that was awarded a covered
contract.
‘‘(B) A qualified subcontractor.
‘‘(C) A State government or other State entity.
‘‘(D) A county government or other county entity.
‘‘(E) A local government or other local entity.
‘‘(F) An industry association, organization, or consortium that directly supports workforce development.
‘‘(3) SPECIAL RULE.—In a case in which the aggregate
amount of all monetary contributions from entities that made
commitments under paragraph (1)(A) is less than the minimum
amount specified for the special incentive under subsection
(a)(2), funds for the special incentive may be expended in an
amount equal to such lesser amount.
‘‘(c) AUTHORIZED ACTIVITIES.—
‘‘(1) IN GENERAL.—Funds for a special incentive for
workforce development required under subsection (a)(1) may
be obligated or expended only to provide for the activities
described in paragraph (2) in support of the production and
production support workforce of the prime contractor concerned
or a qualified subcontractor concerned.
‘‘(2) ACTIVITIES DESCRIBED.—The activities described in this
paragraph are the following:
‘‘(A) The creation of short- and long-term workforce
housing, transportation, and other support services to facilitate attraction, relocation, and retention of workers.
‘‘(B) The expansion of local talent pipeline programs
for both new and existing workers.
‘‘(C) Investments in long-term outreach in middle
school and high school programs, specifically career and

H. R. 7776—49
technical education programs, to promote and develop
manufacturing skills.
‘‘(D) The development or modification of facilities for
the primary purpose of workforce development.
‘‘(E) Payment of direct costs attributable to workforce
development.
‘‘(F) Attraction and retention bonus programs.
‘‘(G) On-the-job training to develop key manufacturing
skills.
‘‘(d) APPROVAL REQUIREMENT.—The service acquisition executive of the Navy shall—
‘‘(1) provide the final approval of the use of funds for
a special incentive for workforce development required under
subsection (a)(1); and
‘‘(2) not later than 30 days after the date on which such
approval is provided, certify to the congressional defense
committees compliance with the requirements of subsections
(b) and (c), including—
‘‘(A) a detailed explanation of such compliance; and
‘‘(B) the associated benefits to—
‘‘(i) the Federal Government; and
‘‘(ii) the shipbuilding industrial base of the Navy.
‘‘(e) DEFINITIONS.—In this section:
‘‘(1) The term ‘covered contract’ means a prime contract
for the construction of a naval vessel funded using amounts
appropriated or otherwise made available for Shipbuilding and
Conversion, Navy.
‘‘(2) The term ‘qualified subcontractor’ means a subcontractor that will deliver the vessel or vessels awarded under
a covered contract to the Navy.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 863 of such title is amended by adding at the
end the following new item:
‘‘8696. Navy shipbuilding workforce development special incentive.’’.

(c) APPLICABILITY.—Section 8696 of title 10, United States Code,
as added by subsection (a), shall apply with respect to—
(1) a solicitation for a covered contract (as defined in subsection (e) of that section) made on or after June 1, 2023;
and
(2) a solicitation or award of a covered contract, if otherwise
determined appropriate by the Secretary of the Navy.
SEC. 123. EXTENSION OF PROHIBITION ON AVAILABILITY OF FUNDS
FOR NAVY PORT WATERBORNE SECURITY BARRIERS.

(a) IN GENERAL.—Subsection (a) of section 130 of the John
S. McCain National Defense Authorization Act for Fiscal Year 2019
(Public Law 115–232; 132 Stat. 1665), as most recently amended
by section 122 of the National Defense Authorization Act for Fiscal
Year 2022 (Public Law 117–81; 135 Stat. 1570), is further amended
by striking ‘‘for fiscal years 2019, 2020, 2021, or 2022’’ and inserting
‘‘for any of fiscal years 2019 through 2023’’.
(b) TECHNICAL AMENDMENT.—Subsection (b)(4) of such section
is amended by striking ‘‘section 2304’’ and inserting ‘‘sections 3201
through 3205’’.

H. R. 7776—50
SEC. 124. LIMITATION ON AUTHORITY TO MODIFY CAPABILITIES AND
FLEET CONFIGURATION OF E–6B AIRCRAFT.

(a) LIMITATION.—Until the date on which the certification
described in subsection (b) is submitted to the congressional defense
committees, the Secretary of the Navy—
(1) may not retire, or prepare to retire, any E–6B aircraft;
(2) shall maintain the fleet of E–6B aircraft in the configuration in effect as of the date of the enactment of this Act;
and
(3) shall ensure that E–6B aircraft continue to meet the
operational requirements of the combatant commands that are
met by such aircraft as of the date of the enactment of this
Act.
(b) CERTIFICATION DESCRIBED.—The certification described in
this subsection is a written certification from the Chair of the
Joint Requirements Oversight Council indicating that the replacement capability for the E–6B aircraft—
(1) will be fielded at the same time or before the retirement
of the first E–6B aircraft; and
(2) at the time such replacement capability achieves initial
operational capability, will have the ability to meet the operational requirements of the combatant commands that have
been, or that are expected to be, assigned to such replacement
capability.
(c) EXCEPTION.—The requirements of subsection (a) shall not
apply to an individual E–6B aircraft otherwise required to be maintained by that subsection if the Secretary of the Navy determines,
on a case-by-case basis, that such aircraft is no longer mission
capable due to a mishap or other damage.
SEC. 125. MULTIYEAR PROCUREMENT AUTHORITY FOR ARLEIGH
BURKE CLASS DESTROYERS.

(a) AUTHORITY FOR MULTIYEAR PROCUREMENT.—Subject to section 3501 of title 10, United States Code, the Secretary of the
Navy may enter into one or more multiyear contracts for the
procurement of up to 15 Arleigh Burke class Flight III guided
missile destroyers.
(b) AUTHORITY FOR ADVANCE PROCUREMENT.—The Secretary
of the Navy may enter into one or more contracts, beginning in
fiscal year 2023, for advance procurement associated with the
destroyers for which authorization to enter into a multiyear procurement contract is provided under subsection (a), and for systems
and subsystems associated with such destroyers in economic order
quantities when cost savings are achievable.
(c) CONDITION FOR OUT-YEAR CONTRACT PAYMENTS.—A contract
entered into under subsection (a) shall provide that any obligation
of the United States to make a payment under the contract for
a fiscal year after fiscal year 2023 is subject to the availability
of appropriations or funds for that purpose for such later fiscal
year.
(d) MANDATORY INCLUSION OF PRE-PRICED OPTION IN CERTAIN
CIRCUMSTANCES.—
(1) IN GENERAL.—In the event the total base quantity of
destroyers to be procured through all contracts entered into
under subsection (a) is less than 15, the Secretary of the Navy
shall ensure that one or more of the contracts includes a prepriced option for the procurement of additional destroyers such

H. R. 7776—51
that the sum of such base quantity and the number of
destroyers that may be procured through the exercise of such
options is equal to 15 destroyers.
(2) DEFINITIONS.—In this subsection:
(A) The term ‘‘base quantity’’ means the quantity of
destroyers to be procured under a contract entered into
under subsection (a) excluding any quantity of destroyers
that may be procured through the exercise of an option
that may be part of such contract.
(B) The term ‘‘pre-priced option’’ means a contract
option for a contract entered into under subsection (a)
that, if exercised, would allow the Secretary of the Navy
to procure a destroyer at a predetermined price specified
in such contract.
(e) LIMITATION.—The Secretary of the Navy may not modify
a contract entered into under subsection (a) if the modification
would increase the target price of the destroyer by more than
10 percent above the target price specified in the original contract
for the destroyer under subsection (a).
SEC. 126. PROCUREMENT AUTHORITY FOR SHIP-TO-SHORE CONNECTOR PROGRAM.

(a) CONTRACT AUTHORITY.—Beginning in fiscal year 2023, the
Secretary of the Navy may enter into one or more contracts for
the procurement of up to 25 Ship-to-Shore Connector class craft
and associated material.
(b) LIABILITY.—Any contract entered into under subsection (a)
shall provide that—
(1) any obligation of the United States to make a payment
under the contract is subject to the availability of appropriations for that purpose; and
(2) the total liability of the Federal Government for termination of the contract shall be limited to the total amount
of funding obligated to the contract at the time of termination.
(c) CERTIFICATION REQUIRED.—A contract may not be entered
into under subsection (a) unless the Secretary of the Navy certifies
to the congressional defense committees, in writing, not later than
30 days before entry into the contract, each of the following, which
shall be prepared by the milestone decision authority for the Shipto-Shore Connector program:
(1) The use of such a contract is consistent with the Chief
of Naval Operations’ projected force structure requirements
for Ship-to-Shore Connector class craft.
(2) The use of such a contract will result in significant
savings compared to the total anticipated costs of carrying
out the program through annual contracts. In certifying cost
savings under the preceding sentence, the Secretary shall
include a written explanation of—
(A) the estimated end cost and appropriated funds
by fiscal year, by craft, without the authority provided
in subsection (a);
(B) the estimated end cost and appropriated funds
by fiscal year, by craft, with the authority provided in
subsection (a);
(C) the estimated cost savings or increase by fiscal
year, by craft, with the authority provided in subsection
(a);

H. R. 7776—52
(D) the discrete actions that will accomplish such cost
savings or avoidance; and
(E) the contractual actions that will ensure the estimated cost savings are realized.
(3) There is a reasonable expectation that throughout the
contemplated contract period the Secretary of the Navy will
request funding for the contract at the level required to avoid
contract cancellation.
(4) There is a stable design for the property to be acquired
and the technical risks associated with such property are not
excessive.
(5) The estimates of both the cost of the contract and
the anticipated cost avoidance through the use of a contract
authorized under subsection (a) are realistic, including a
description of the basis for such estimates.
(6) The use of such a contract will promote the national
security of the United States.
(7) During the fiscal year in which such contract is to
be awarded, sufficient funds will be available to perform the
contract in such fiscal year.
(d) MILESTONE DECISION AUTHORITY DEFINED.—In this section,
the term ‘‘milestone decision authority’’ has the meaning given
that term in section 4251(d) of title 10, United States Code.
SEC. 127. PROCUREMENT AUTHORITY FOR CH–53K HEAVY LIFT HELICOPTER PROGRAM.

(a) CONTRACT AUTHORITY.—During fiscal years 2023 and 2024,
the Secretary of the Navy may enter into one or more fixed-price
contracts for the procurement of airframes and engines in support
of the CH–53K heavy lift helicopter program (in this section referred
to as the ‘‘program’’).
(b) LIABILITY.—Any contract entered into under subsection (a)
shall provide that—
(1) any obligation of the United States to make a payment
under the contract is subject to the availability of appropriations for that purpose; and
(2) the total liability of the Federal Government for termination of the contract shall be limited to the total amount
of funding obligated to the contract at the time of termination.
(c) CERTIFICATION REQUIRED.—A contract may not be entered
into under subsection (a) unless the Secretary of Defense certifies
to the congressional defense committees, in writing, not later than
30 days before entry into the contract, each of the following, which
shall be prepared by the milestone decision authority (as defined
in section 4251(d) of title 10, United States Code) for the program:
(1) The use of such a contract will result in significant
savings compared to the total anticipated costs of carrying
out the program through annual contracts. In certifying cost
savings under the preceding sentence, the Secretary shall
include a written explanation of—
(A) the estimated obligations and expenditures by fiscal
year for the program without the authority provided in
subsection (a);
(B) the estimated obligations and expenditures by fiscal
year for the program with the authority provided in subsection (a);

H. R. 7776—53
(C) the estimated cost savings or increase by fiscal
year for the program with the authority provided in subsection (a);
(D) the discrete actions that will accomplish such cost
savings or avoidance; and
(E) the contractual actions that will ensure the estimated cost savings are realized.
(2) There is a reasonable expectation that throughout the
contemplated contract period the Secretary of Defense will
request funding for the contract at the level required to avoid
contract cancellation.
(3) There is a stable design for the property to be acquired
and the technical risks associated with such property are not
excessive.
(4) The estimates of both the cost of the contract and
the anticipated cost avoidance through the use of a contract
authorized under subsection (a) are realistic.
(5) The use of such a contract will promote the national
security of the United States.
(6) During the fiscal year in which such contract is to
be awarded, sufficient funds will be available to perform the
contract in such fiscal year, and the future-years defense program submitted to Congress under section 221 of title 10,
United States Code, for such fiscal year will include the funding
required to execute the program without cancellation.
SEC. 128. PROCUREMENT AUTHORITIES FOR JOHN LEWIS-CLASS
FLEET REPLENISHMENT OILER SHIPS.

(a) CONTRACT AUTHORITY.—
(1) PROCUREMENT AUTHORIZED.—During fiscal years 2023
and 2024, the Secretary of the Navy may enter into one or
more contracts for the procurement of not more than eight
John Lewis-class fleet replenishment oiler ships.
(2) PROCUREMENT IN CONJUNCTION WITH EXISTING CONTRACTS.—The ships authorized to be procured under paragraph
(1) may be procured as additions to existing contracts covering
the John Lewis-class fleet replenishment oiler ship program.
(b) CERTIFICATION REQUIRED.—A contract may not be entered
into under subsection (a) unless the Secretary of the Navy certifies
to the congressional defense committees, in writing, not later than
30 days before entry into the contract, each of the following, which
shall be prepared by the milestone decision authority for the John
Lewis-class fleet replenishment oiler ship program:
(1) The use of such a contract is consistent with the Department of the Navy’s projected force structure requirements for
such ships.
(2) The use of such a contract will result in significant
savings compared to the total anticipated costs of carrying
out the program through annual contracts. In certifying cost
savings under the preceding sentence, the Secretary shall
include a written explanation of—
(A) the estimated end cost and appropriated funds
by fiscal year, by hull, without the authority provided in
subsection (a);
(B) the estimated end cost and appropriated funds
by fiscal year, by hull, with the authority provided in
subsection (a);

H. R. 7776—54
(C) the estimated cost savings or increase by fiscal
year, by hull, with the authority provided in subsection
(a);
(D) the discrete actions that will accomplish such cost
savings or avoidance; and
(E) the contractual actions that will ensure the estimated cost savings are realized.
(3) There is a reasonable expectation that throughout the
contemplated contract period the Secretary of the Navy will
request funding for the contract at the level required to avoid
contract cancellation.
(4) There is a stable design for the property to be acquired
and the technical risks associated with such property are not
excessive.
(5) The estimates of both the cost of the contract and
the anticipated cost avoidance through the use of a contract
authorized under subsection (a) are realistic.
(6) The use of such a contract will promote the national
security of the United States.
(7) During the fiscal year in which such contract is to
be awarded, sufficient funds will be available to perform the
contract in such fiscal year, and the future-years defense program (as defined under section 221 of title 10, United States
Code) for such fiscal year will include the funding required
to execute the program without cancellation.
(c) AUTHORITY FOR ADVANCE PROCUREMENT.—The Secretary
of the Navy may enter into one or more contracts for advance
procurement associated with a ship or ships for which authorization
to enter into a contract is provided under subsection (a), and for
systems and subsystems associated with such ships in economic
order quantities when cost savings are achievable.
(d) CONDITION FOR OUT-YEAR CONTRACT PAYMENTS.—A contract
entered into under subsection (a) shall provide that any obligation
of the United States to make a payment under the contract for
a fiscal year is subject to the availability of appropriations for
that purpose for such fiscal year.
(e) MILESTONE DECISION AUTHORITY DEFINED.—In this section,
the term ‘‘milestone decision authority’’ has the meaning given
that term in section 4251(d) of title 10, United States Code.
SEC. 129. PROCUREMENT AUTHORITIES FOR CERTAIN AMPHIBIOUS
SHIPBUILDING PROGRAMS.

(a) CONTRACT AUTHORITY.—
(1) PROCUREMENT AUTHORIZED.—The Secretary of the Navy
may enter into one or more contracts for the procurement
of up to five covered ships.
(2) PROCUREMENT IN CONJUNCTION WITH EXISTING CONTRACTS.—The ships authorized to be procured under paragraph
(1) may be procured as additions to existing contracts covering
programs for covered ships.
(b) CERTIFICATION REQUIRED.—A contract may not be entered
into under subsection (a) unless the Secretary of the Navy certifies
to the congressional defense committees, in writing, not later than
30 days before entry into the contract, each of the following, which
shall be prepared by the milestone decision authority for the covered
ship program concerned:

H. R. 7776—55
(1) The use of such a contract is consistent with the Commandant of the Marine Corps’ projected force structure requirements for amphibious ships.
(2) The use of such a contract will result in savings compared to the total anticipated costs of carrying out the program
through annual contracts. In certifying cost savings under the
preceding sentence, the Secretary shall include a written explanation of—
(A) the estimated end cost and appropriated funds
by fiscal year, by hull, without the authority provided in
subsection (a);
(B) the estimated end cost and appropriated funds
by fiscal year, by hull, with the authority provided in
subsection (a);
(C) the estimated cost savings or increase by fiscal
year, by hull, with the authority provided in subsection
(a); and
(D) the contractual actions that will ensure the estimated cost savings are realized.
(3) The Secretary of the Navy has a reasonable expectation
that throughout the contemplated contract period funding will
be available for the contract at the level required to avoid
contract cancellation.
(4) There is a stable design for the property to be acquired
and the technical risks associated with such property are not
excessive.
(5) The estimates of both the cost of the contract and
the anticipated cost avoidance through the use of a contract
authorized under subsection (a) are realistic.
(6) The use of such a contract will promote the national
security of the United States.
(7) During the fiscal year in which such contract is to
be awarded, sufficient funds will be available to perform the
contract in such fiscal year.
(c) AUTHORITY FOR ADVANCE PROCUREMENT.—The Secretary
of the Navy may enter into one or more contracts for advance
procurement associated with a ship or ships for which authorization
to enter into a contract is provided under subsection (a), and for
systems and subsystems associated with such ships in economic
order quantities when cost savings are achievable.
(d) CONDITION FOR OUT-YEAR CONTRACT PAYMENTS.—A contract
entered into under subsection (a) shall provide that any obligation
of the United States to make a payment under the contract for
a fiscal year is subject to the availability of appropriations for
that purpose for such fiscal year.
(e) TERMINATION.—The authority of the Secretary of the Navy
to enter into contracts under subsection (a) shall terminate on
September 30, 2026.
(f) DEFINITIONS.—In this section:
(1) The term ‘‘covered ship’’ means a San Antonio-class
or America-class ship.
(2) The term ‘‘milestone decision authority’’ has the
meaning given that term in section 4251(d) of title 10, United
States Code.

H. R. 7776—56
SEC. 130. CONTRACTS FOR DESIGN AND CONSTRUCTION OF THE
DDG(X) DESTROYER PROGRAM.

(a) IN GENERAL.—If the milestone decision authority of the
covered program elects to use source selection procedures for the
detailed design and construction of the covered program other than
those specified in section 3201 of title 10, United States Code,
the Secretary of the Navy—
(1) with respect to prime contracts for concept design,
preliminary design, and contract design for the covered program—
(A) shall award such contracts to eligible shipbuilders;
and
(B) may award such contracts to other contractors;
(2) shall award prime contracts for detailed design and
construction for the covered program only to eligible shipbuilders; and
(3) shall allocate only one vessel in the covered program
to each eligible shipbuilder that is awarded a prime contract
under paragraph (2).
(b) COLLABORATION REQUIREMENT.—The Secretary of the Navy
shall maximize collaboration among the Federal Government and
eligible shipbuilders throughout the design and development phases
of the covered program, including—
(1) using a common design tool; and
(2) sharing production lessons learned.
(c) COMPETITIVE INCENTIVE REQUIREMENT.—The Secretary of
the Navy shall provide for competitive incentives for eligible shipbuilders and other contractors throughout the design, development,
and production phases of the covered program, including the following:
(1) Allocation of design labor hours, provided that no
eligible shipbuilder has fewer than 30 percent of aggregate
design labor hours for any phase of vessel design for the covered
program.
(2) Allocation of the lead ship in the covered program.
(3) To the maximum extent practicable, competitive solicitations for vessel procurement under the covered program.
(d) TECHNOLOGY MATURATION REQUIREMENTS.—The Secretary
of the Navy shall incorporate into the acquisition strategy of the
covered program the requirements of the following:
(1) Section 131 of the National Defense Authorization Act
for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1237).
(2) Section 221 of the National Defense Authorization Act
for Fiscal Year 2022 (Public Law 117–81; 135 Stat. 1599).
(e) TRANSITION REQUIREMENT.—The Secretary of the Navy shall
ensure that the transition from the Arleigh Burke-class destroyer
program to the covered program maintains predictable production
workload for eligible shipbuilders.
(f) DEFINITIONS.—In this section:
(1) The term ‘‘covered program’’ means the program of
the Department of the Navy to procure DDG(X) destroyer class
vessels.
(2) The term ‘‘eligible shipbuilder’’ means a prime contractor designated by the milestone decision authority to perform detailed design and construction of the covered program.
(3) The term ‘‘milestone decision authority’’ has the
meaning given in section 4211 of title 10, United States Code.

H. R. 7776—57
SEC. 131. TOMAHAWK AND STANDARD MISSILE–6 CAPABILITY ON FFG–
62 CLASS VESSELS.

Before the first deployment of the vessel designated FFG–
63 and that of each successive vessel in the FFG–62 class, the
Secretary of the Navy shall ensure that such vessel is capable
of carrying and employing Tomahawk and Standard Missile–6 missiles.
SEC. 132. REPORT ON ADVANCE PROCUREMENT FOR CVN–82 AND CVN–
83.

(a) REPORT.—Not later than March 1, 2023, the Secretary of
the Navy shall submit to the congressional defense committees
a report on the plan of the Navy for advance procurement for
the aircraft carriers designated CVN–82 and CVN–83.
(b) ELEMENTS.—The report required by subsection (a) shall
include an assessment of—
(1) the value, cost, and feasibility of a two-year advance
procurement period under a single-carrier acquisition strategy;
(2) the value, cost, and feasibility of a three-year advance
procurement period under a single-carrier acquisition strategy;
(3) the value, cost, and feasibility of a two-year advance
procurement period under a two-carrier acquisition strategy;
(4) the value, cost, and feasibility of a three-year advance
procurement period under a two-carrier acquisition strategy;
and
(5) the effect of a two-carrier acquisition strategy on force
development and fleet capability.
(c) DEFINITIONS.—In this section:
(1) The term ‘‘single-carrier acquisition strategy’’ means
a strategy for the procurement of the aircraft carriers designated CVN–82 and CVN–83 pursuant to which each aircraft
carrier is procured separately under a different contract.
(2) The term ‘‘two-carrier acquisition strategy’’ means a
strategy for the procurement of the aircraft carriers designated
CVN–82 and CVN–83 pursuant to which both aircraft carriers
are procured together under one contract.
SEC. 133. QUARTERLY BRIEFINGS ON THE CH–53K KING STALLION
HELICOPTER PROGRAM.

(a) IN GENERAL.—Not later than 30 days after the date of
the enactment of this Act, and on a quarterly basis thereafter
through the end of fiscal year 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 progress of
the CH–53K King Stallion helicopter program.
(b) ELEMENTS.—Each briefing under subsection (a) shall
include, with respect to the CH–53K King Stallion helicopter program, the following:
(1) An overview of the program schedule.
(2) A statement of the total cost of the program as of
the date of the briefing, including the cost of development,
testing, and production.
(3) A comparison of the total cost of the program relative
to the original acquisition program baseline and the most
recently approved acquisition program baseline as of the date
of the briefing.

H. R. 7776—58
(4) An assessment of the flight testing that remains to
be conducted under the program, including any testing required
for validation of correction of technical deficiencies.
(5) An update on the status of the correction of technical
deficiencies under the program and any effects on the program
schedule resulting from the discovery and correction of such
deficiencies.
(c) CONFORMING REPEAL.—Section 132 of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116–92; 133
Stat. 1238) is repealed.

Subtitle D—Air Force Programs
SEC. 141. MODIFICATION OF INVENTORY REQUIREMENTS FOR AIRCRAFT OF THE COMBAT AIR FORCES.

(a) TOTAL FIGHTER AIRCRAFT INVENTORY REQUIREMENTS.—Section 9062(i)(1) of title 10, United States Code, is amended by
striking ‘‘1,970’’ and inserting ‘‘1,800’’.
(b) A–10 MINIMUM INVENTORY REQUIREMENTS.—
(1) Section 134(d) of the National Defense Authorization
Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2038)
is amended by striking ‘‘171’’ and inserting ‘‘153’’.
(2) Section 142(b)(2) of the National Defense Authorization
Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 755)
is amended by striking ‘‘171’’ and inserting ‘‘153’’.
(c) MODIFICATION OF LIMITATION ON AVAILABILITY OF FUNDS
FOR DESTRUCTION OF A–10 AIRCRAFT IN STORAGE STATUS.—Section
135(a) of the National Defense Authorization Act for Fiscal Year
2017 (Public Law 114–328; 130 Stat. 2039) is amended by striking
‘‘the report required under section 134(e)(2)’’ and inserting ‘‘a report
that includes the information described in section 134(e)(2)(C)’’.
SEC. 142. INVENTORY AND OTHER REQUIREMENTS RELATING TO AIR
REFUELING TANKER AIRCRAFT.

(a) MINIMUM INVENTORY REQUIREMENT FOR AIR REFUELING
TANKER AIRCRAFT.—Section 9062(j) of title 10, United States Code,
is amended—
(1) by striking ‘‘effective October 1, 2019,’’; and
(2) by striking ‘‘479’’ each place it appears and inserting
‘‘466’’.
(b) REPEAL OF LIMITATION ON RETIREMENT OF KC–135 AIRCRAFT.—Section 137 of the National Defense Authorization Act
for Fiscal Year 2022 (Public Law 117–81; 135 Stat. 1576) is
amended—
(1) by striking subsection (b); and
(2) by redesignating subsections (c) and (d) as subsections
(b) and (c), respectively.
(c) MINIMUM NUMBER OF AIR REFUELING TANKER AIRCRAFT
IN PMAI OF THE AIR FORCE.—Section 135(a) of the William M.
(Mac) Thornberry National Defense Authorization Act for Fiscal
Year 2021 (Public Law 116–283; 134 Stat. 3431) is amended by
striking ‘‘412’’ and inserting ‘‘400’’.
(d) PROHIBITION ON REDUCTION OF KC–135 AIRCRAFT IN PMAI
OF THE RESERVE COMPONENTS.—
(1) IN GENERAL.—None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year

H. R. 7776—59
2023 for the Air Force may be obligated or expended to reduce,
by more than 12 aircraft, the number of KC–135 aircraft designated as primary mission aircraft inventory within the
reserve components of the Air Force.
(2) PRIMARY MISSION AIRCRAFT INVENTORY DEFINED.—In
this subsection, the term ‘‘primary mission aircraft inventory’’
has the meaning given that term in section 9062(i)(2)(B) of
title 10, United States Code.
SEC. 143. REQUIREMENTS RELATING TO F–22 AIRCRAFT.

(a) LIMITATIONS AND MINIMUM INVENTORY REQUIREMENTS.—
Section 9062 of title 10, United States Code, is amended by adding
at the end the following new subsection:
‘‘(k)(1) During the period beginning on the date of the enactment
of the National Defense Authorization Act for Fiscal Year 2023
and ending on September 30, 2027, the Secretary of the Air Force
may not—
‘‘(A) retire an F–22 aircraft;
‘‘(B) reduce funding for unit personnel or weapon system
sustainment activities for F–22 aircraft in a manner that presumes future congressional authority to divest such aircraft;
‘‘(C) keep an F–22 aircraft in a status considered excess
to the requirements of the possessing command and awaiting
disposition instructions (commonly referred to as ‘XJ’ status);
or
‘‘(D) decrease the total aircraft inventory of F–22 aircraft
below 184 aircraft.
‘‘(2) The prohibition under paragraph (1) shall not apply to
individual F–22 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.’’.
(b) REPORT REQUIRED.—
(1) IN GENERAL.—Not later than 180 days after the date
of the enactment of this Act, the Secretary of the Air Force
shall submit to the congressional defense committees a report
that includes a strategy and execution plan, approved by the
Secretary, for conducting formal training for F–22 aircrews
to ensure that combat capability, capacity, and availability
at all F–22 operational units is not degraded.
(2) ELEMENTS.—The strategy and execution plan under
paragraph (1) shall—
(A) address how the Air Force will avoid—
(i) diminishing the combat effectiveness of all block
variants of F–22 aircraft;
(ii) exacerbating F–22 aircraft availability concerns; and
(iii) complicating F–22 aircraft squadron maintenance operations; and
(B) include the plan of the Secretary for—
(i) the basing of 184 F–22 aircraft; and
(ii) the reestablishment of one or more F–22 formal
training units, including—
(I) the planned location of such units;
(II) the planned schedule for the reestablishment of such units; and

H. R. 7776—60
(III) and the number of F–22 aircraft that
are expected to be assigned to such units.
(c) COMPTROLLER GENERAL AUDIT.—
(1) AUDIT REQUIRED.—The Comptroller General of the
United States shall conduct an audit to assess and validate
data and information relating to—
(A) the events and activities that would be necessary
to upgrade Block 20 F–22 aircraft to a capability configuration comparable to or exceeding the existing or planned
configuration of Block 30/35 F–22 aircraft;
(B) the estimated costs of such upgrades; and
(C) a schedule of milestones for such upgrades.
(2) AVAILABILITY OF INFORMATION.—At the request of the
Comptroller General, the Secretary of the Air Force shall
promptly provide to the Comptroller General any data or other
information that may be needed to conduct the audit under
paragraph (1), including any data or information it may be
necessary to obtain from the original equipment manufacturer
of the F–22 aircraft.
(3) BRIEFING.—Not later than April 15, 2023, the Comptroller General shall provide to the congressional defense
committees a briefing on the progress and any preliminary
results of the audit conducted under paragraph (1).
(4) REPORT.—Following the briefing under paragraph (3),
at such time as is mutually agreed upon by the congressional
defense committees and the Comptroller General, the Comptroller General shall submit to the congressional defense
committees a report on the final results of the audit conducted
under paragraph (1).
SEC. 144. MODIFICATION OF EXCEPTION TO PROHIBITION ON CERTAIN
REDUCTIONS TO B–1 BOMBER AIRCRAFT SQUADRONS.

Section 133(b) of the National Defense Authorization Act for
Fiscal Year 2022 (Public Law 117–81; 135 Stat. 1574) is amended
by striking ‘‘an individual unit’’ and inserting ‘‘a bomb wing’’.
SEC. 145. REPEAL OF AIR FORCE E–8C FORCE PRESENTATION
REQUIREMENT.

Section 147 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 1669)
is amended by striking subsection (f).
SEC. 146. MINIMUM INVENTORY OF C–130 AIRCRAFT.

(a) MINIMUM INVENTORY REQUIREMENT.—
(1) IN GENERAL.—During the covered period, the Secretary
of the Air Force shall maintain a total inventory of C–130
aircraft of not less than 271 aircraft.
(2) EXCEPTION.—The Secretary of the Air Force may reduce
the number of C–130 aircraft in the Air Force below the minimum number specified in paragraph (1) if the Secretary determines, on a case-by-case basis, that an aircraft is no longer
mission capable because of a mishap or other damage.
(3) COVERED PERIOD DEFINED.—In this subsection, the term
‘‘covered period’’ means the period—
(A) beginning at the close of the period described in
section 138(c) of the National Defense Authorization Act
for Fiscal Year 2022 (Public Law 117–81; 135 Stat. 1577);
and

H. R. 7776—61
(B) ending on September 30, 2023.
(b) PROHIBITION ON REDUCTION OF C–130 AIRCRAFT ASSIGNED
TO NATIONAL GUARD.—
(1) IN GENERAL.—During fiscal year 2023, the Secretary
of the Air Force may not reduce the total number of C–130
aircraft assigned to the National Guard below the number
so assigned as of the date of the enactment of this Act.
(2) EXCEPTION.—The prohibition under paragraph (1) shall
not apply to an individual C–130 aircraft that the Secretary
of the Air Force determines, on a case-by-case basis, to be
no longer mission capable because of a mishap or other damage.
SEC. 147. PROHIBITION ON AVAILABILITY OF FUNDS FOR RETIREMENT
OF C–40 AIRCRAFT.

(a) PROHIBITION.—None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year
2023 for the Air Force may be obligated or expended to retire,
prepare to retire, or place in storage or on backup aircraft inventory
status any C–40 aircraft.
(b) EXCEPTION.—
(1) IN GENERAL.—The limitation under subsection (a) shall
not apply to an individual C–40 aircraft that the Secretary
of the Air Force determines, on a case-by-case basis, to be
no longer mission capable because of a Class A mishap.
(2) CERTIFICATION REQUIRED.—If the Secretary determines
under paragraph (1) that an aircraft is no longer mission
capable, the Secretary shall submit to the congressional defense
committees a certification that the status of such aircraft is
due to a Class A mishap and not due to lack of maintenance
or repairs or other reasons.
SEC. 148. PROHIBITION ON AVAILABILITY OF FUNDS FOR TERMINATION OF PRODUCTION LINES FOR HH–60W AIRCRAFT.

None of the funds authorized to be appropriated by this Act
or otherwise made available for fiscal year 2023 for the Air Force
may be obligated or expended to terminate the operations of, or
to prepare to terminate the operations of, a production line for
HH–60W Combat Rescue Helicopters.
SEC. 149. PROHIBITION ON CERTAIN REDUCTIONS TO INVENTORY OF
E–3 AIRBORNE WARNING AND CONTROL SYSTEM AIRCRAFT.

(a) PROHIBITION.—Except as provided in subsections (b) and
(c), none of the funds authorized to be appropriated by this Act
or otherwise made available for fiscal year 2023 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 26.
(b) EXCEPTION FOR ACQUISITION STRATEGY.—If the Secretary
of the Air Force submits to the congressional defense committees
an acquisition strategy for the E–7 Wedgetail aircraft approved
by the Service Acquisition Executive of the Air Force, the prohibition
under subsection (a) shall not apply to actions taken to reduce
the total aircraft inventory for E–3 aircraft to 21 after the date
on which the strategy is so submitted.
(c) EXCEPTION FOR CONTRACT AWARD.—If the Secretary of the
Air Force awards a contract for the E–7 Wedgetail aircraft, the

H. R. 7776—62
prohibition under subsection (a) shall not apply to actions taken
to reduce the total aircraft inventory for E–3 aircraft to 18 after
the date on which such contact is so awarded.
(d) DESIGNATION AS PRIMARY TRAINING AIRCRAFT INVENTORY.—
The Secretary of the Air Force shall designate two E–3 aircraft
as Primary Training Aircraft Inventory.
SEC. 150. LIMITATION ON DIVESTMENT OF F–15 AIRCRAFT.

(a) LIMITATION.—Beginning on October 1, 2023, the Secretary
of the Air Force may not divest, or prepare to divest, any covered
F–15 aircraft until a period of 180 days has elapsed following
the date on which the Secretary submits the report required under
subsection (b).
(b) REPORT REQUIRED.—The Secretary of the Air Force shall
submit to the congressional defense committees a report on the
following:
(1) Any plans of the Secretary to divest covered F–15
aircraft during the period covered by the most recent futureyears defense program submitted to Congress under section
221 of title 10, United States Code, including—
(A) a description of each proposed divestment by fiscal
year and location;
(B) an explanation of the anticipated effects of such
divestments on the missions, personnel, force structure,
and budgeting of the Air Force;
(C) a description of the actions the Secretary intends
to carry out—
(i) to mitigate any negative effects identified under
subparagraph (B); and
(ii) to modify or replace the missions and capabilities of any units and military installations affected
by such divestments; and
(D) an assessment of how such divestments may affect
the ability of the Air Force to maintain minimum tactical
aircraft inventories.
(2) Any plans of the Secretary to procure covered F–15
aircraft.
(3) Any specific plans of the Secretary to deviate from
procurement of new F–15EX aircraft as articulated by the
validated requirements contained in Air Force Requirements
Decision Memorandum, dated February 1, 2019, regarding F–
15EX Rapid Fielding Requirements Document, dated January
16, 2019.
(c) COVERED F–15 AIRCRAFT DEFINED.—In this section, the
term ‘‘covered F–15 aircraft’’ means the following:
(1) F–15C aircraft.
(2) F–15D aircraft.
(3) F–15E aircraft.
(4) F–15EX aircraft.
SEC. 151. AUTHORITY TO PROCURE UPGRADED EJECTION SEATS FOR
CERTAIN T–38A AIRCRAFT.

The Secretary of the Air Force is authorized to procure
upgraded ejection seats for—
(1) all T–38A aircraft of the Air Force Global Strike Command that have not received an upgraded ejection seat under
the T–38 Ejection Seat Upgrade Program; and

H. R. 7776—63
(2) all T–38A aircraft of the Air Combat Command that
have not received an upgraded ejection seat as part of such
Program.
SEC. 152. PROCUREMENT AUTHORITY FOR DIGITAL MISSION OPERATIONS PLATFORM FOR THE SPACE FORCE.

(a) PROCUREMENT AUTHORITY.—The Secretary of the Air Force
is authorized to enter into one or more contracts for the procurement
of a digital mission operations platform for the Space Force.
(b) REQUIRED CAPABILITIES.—A digital mission operations platform procured under subsection (a) shall include the following
capabilities:
(1) The platform shall be capable of providing systems
operators with the ability to analyze system performance in
a simulated mission environment.
(2) The platform shall enable collaboration among such
operators in an integrated, physics-based environment.
SEC.

153.

DIGITAL TRANSFORMATION
ACQUISITION.

COMMERCIAL

SOFTWARE

(a) PROCUREMENT AUTHORITY.—The Secretary of the Air Force
may enter into one or more contracts for the procurement of
commercial digital engineering and software tools to meet the digital
transformation goals and objectives of the Department of the Air
Force.
(b) INCLUSION OF PROGRAM ELEMENT IN BUDGET MATERIALS.—
In the materials submitted by the Secretary of the Air Force in
support of the budget of the President for fiscal year 2024 (as
submitted to Congress pursuant to section 1105 of title 31, United
States Code), the Secretary shall include a program element dedicated to the procurement and management of the commercial digital
engineering and software tools described in subsection (a).
(c) REVIEW.—In carrying out subsection (a), the Secretary of
the Air Force shall—
(1) review the market for commercial digital engineering
and software tools; and
(2) conduct research on providers of commercial software
capabilities that have the potential to expedite the progress
of digital engineering initiatives across the weapon system
enterprise, with a particular focus on capabilities that have
the potential to generate significant life-cycle cost savings,
streamline and accelerate weapon system acquisition, and provide data-driven approaches to inform investments by the
Department of the Air Force.
(d) REPORT.—Not later than March 1, 2023, the Secretary of
the Air Force shall submit to the congressional defense committees
a report that includes—
(1) an analysis of specific digital engineering and software
tool capability manufacturers that deliver high mission impact
with broad reach into the weapon system enterprise of the
Department of the Air Force; and
(2) a prioritized list of programs and offices of the Department of the Air Force that could better utilize commercial
digital engineering and software tools and opportunities for
the implementation of such digital engineering and software
tool capabilities within the Department.

H. R. 7776—64
SEC. 154. REQUIREMENTS STUDY AND STRATEGY FOR THE COMBAT
SEARCH AND RESCUE MISSION OF THE AIR FORCE.

(a) REQUIREMENTS STUDY.—
(1) IN GENERAL.—The Secretary of the Air Force shall
conduct a study to determine the requirements for the combat
search and rescue mission of the Air Force in support of the
objectives of the National Defense Strategy.
(2) ELEMENTS.—The study under paragraph (1) shall
include the following:
(A) Identification of anticipated combat search and
rescue mission requirements necessary to meet the objectives of the most recent National Defense Strategy,
including—
(i) requirements for short-term, mid-term, and
long-term contingency and steady-state operations
against adversaries;
(ii) requirements under the Agile Combat Employment operational scheme of the Air Force;
(iii) requirements relating to regions and specific
geographic areas that are expected to have a need
for combat search and rescue forces based on the combat-relevant range and penetration capability of United
States air assets and associated weapon systems; and
(iv) the level of operational risk associated with
each likely requirement and scenario.
(B) An assessment of the rotary, tilt, and fixed wing
aircraft and key combat search and rescue enabling
capabilities that—
(i) are needed to meet the requirements identified
under subparagraph (A); and
(ii) have been accounted for in the budget of the
Air Force as of the date of the study.
(C) Identification of any combat search and rescue
capability gaps, including an assessment of—
(i) whether and to what extent such gaps may
affect the ability of the Air Force to conduct combat
search and rescue operations;
(ii) any capability gaps that may be created by
procuring fewer HH–60W aircraft than planned under
the program of record, including any expected changes
to the plan for fielding such aircraft for active, reserve,
and National Guard units; and
(iii) any capability gaps attributable to unfunded
requirements.
(D) Identification and assessment of key current,
emerging, and future technologies with potential application to the combat search and rescue mission, including
electric vertical takeoff and landing, unmanned aerial systems, armed air launched effects or similar armed capabilities, electric short take-off and landing, or a combination
of such technologies.
(E) An assessment of each technology identified under
subparagraph (D), including (as applicable) an assessment
of—
(i) technology maturity;
(ii) suitability to the combat search and rescue
mission;

H. R. 7776—65
(iii) range;
(iv) speed;
(v) payload capability and capacity;
(vi) radio frequency and infrared signatures;
(vii) operational conditions required for the use
of such technology, such as runway availability;
(viii) survivability;
(ix) lethality;
(x) potential to support combat missions other than
combat search and rescue; and
(xi) estimated cost.
(3) SUBMITTAL TO CONGRESS.—
(A) IN GENERAL.—Not later than April 30, 2023, the
Secretary of the Air Force shall submit to the Committees
on Armed Services of the Senate and the House of Representatives a report on the results of the study under
paragraph (1).
(B) FORM.—The report required under subparagraph
(A) shall be submitted in unclassified form, but may include
a classified annex.
(b) STRATEGY REQUIRED.—
(1) IN GENERAL.—Based on the results of the study conducted under subsection (a), the Secretary of the Air Force
shall develop a strategy to meet the requirements identified
under such study.
(2) ELEMENTS.—The strategy under paragraph (1) shall
include—
(A) A prioritized list of the capabilities needed to meet
the requirements identified under subsection (a).
(B) The estimated costs of such capabilities, including—
(i) any amounts already budgeted for such capabilities as of the date of the strategy, including amounts
already budgeted for emerging and future technologies;
and
(ii) any amounts not already budgeted for such
capabilities as of such date.
(C) An estimate of the date by which the capability
is expected to become operational.
(D) A description of any requirements identified under
subsection (a) that the Secretary of the Air Force does
not expect to meet as part of the strategy and an explanation of the reasons such requirements cannot be met.
(3) SUBMITTAL TO CONGRESS.—
(A) IN GENERAL.—Not later than July 30, 2023, the
Secretary of the Air Force shall submit to the Committees
on Armed Services of the Senate and the House of Representatives a report on the strategy developed under paragraph (1).
(B) FORM.—The report required under subparagraph
(A) shall be submitted in unclassified form, but may include
a classified annex.
SEC. 155. PLAN FOR TRANSFER OF KC–135 AIRCRAFT TO THE AIR
NATIONAL GUARD.

(a) PLAN REQUIRED.—The Secretary of the Air Force shall
develop a plan to transfer covered KC–135 aircraft to air refueling

H. R. 7776—66
wings of the Air National Guard that are classic associations with
active duty units of the Air Force.
(b) BRIEFING.—Not later than 120 days after the date of the
enactment of this Act, the Secretary of the Air Force shall provide
to the Committees on Armed Services of the Senate and the House
of Representatives a briefing on the plan developed under subsection
(a). The briefing shall include an explanation of—
(1) the effects the plan is expected to have on—
(A) the aerial refueling capability of the Department
of Defense; and
(B) personnel; and
(2) any costs associated with the plan.
(c) DEFINITIONS.—In this section:
(1) The term ‘‘covered KC–135 aircraft’’ means a KC–135
aircraft that the Secretary of the Air Force is in the process
of replacing with a KC–46A aircraft.
(2) The term ‘‘classic association’’ means a structure under
which a regular Air Force unit retains principal responsibility
for an aircraft and shares the aircraft with one or more reserve
component units.
SEC. 156. ANNUAL REPORTS ON T–7A ADVANCED PILOT TRAINING
SYSTEM.

(a) ANNUAL REPORT.—Not later than March 1, 2023, and
annually thereafter through 2028, the Assistant Secretary of the
Air Force for Acquisition, Technology, and Logistics shall submit
to the Committees on Armed Services of the Senate and the House
of Representatives a report on the acquisition efforts of the Air
Force with respect to the T–7A Advanced Pilot Training System
(including any associated aircraft and ground training systems).
(b) ELEMENTS.—Each report under subsection (a) shall include
the following:
(1) An overview of the Assistant Secretary’s acquisition
strategy for the T–7 Advanced Pilot Training System, including
the current status of the acquisition strategy as of the date
of the report.
(2) The cost and schedule estimates for the T–7 Advanced
Pilot Training System program.
(3) In the case of the initial report under this section,
the key performance parameters or the equivalent requirements
for the program. In the case of subsequent reports, any key
performance parameters or the equivalent requirements for
the program that have changed since the submission of the
previous report under this section.
(4) The test and evaluation master plan for the program.
(5) With respect to the testing program events completed
in the year covered by the report—
(A) the completion date of each event;
(B) a summary of the event, including identification
of—
(i) the quantity of data points evaluated and subsequently considered complete and validated; and
(ii) the quantity of data points evaluated that
remain incomplete or unvalidated and requiring further testing.

H. R. 7776—67
(6) The logistics and sustainment strategy for the program
and a description of any activities carried out to implement
such strategy as of the date of the report.
(7) An explanation of—
(A) the causes of any engineering, manufacturing,
development, testing, production, delivery, acceptance, and
fielding delays incurred by the program as of the date
of the report;
(B) the effects of such delays; and
(C) any subsequent efforts to address such delays.
(8) The post-production aircraft basing and fielding strategy
for the program.
(9) Any other matters regarding the acquisition of the
T–7 Advanced Pilot Training System that the Assistant Secretary determines to be of critical importance to the longterm viability of the program.

Subtitle E—Defense-wide, Joint, and
Multiservice Matters
SEC. 161. INCREASE IN AIR FORCE AND NAVY USE OF USED COMMERCIAL DUAL-USE PARTS IN CERTAIN AIRCRAFT AND
ENGINES.

(a) IN GENERAL.—Not later than 180 days after the date of
the enactment of this Act, the Secretary of the Air Force, with
respect to the Air Force, and the Secretary of the Navy, with
respect to the Navy, shall develop and implement processes and
procedures for—
(1) the acquisition of used, overhauled, reconditioned, and
remanufactured commercial dual-use parts; and
(2) the use of such commercial dual-use parts in all—
(A) commercial derivative aircraft and engines; and
(B) aircraft used by the Air Force or Navy that are
based on the design of commercial products.
(b) PROCUREMENT OF PARTS.—The processes and procedures
implemented under subsection (a) shall provide that commercial
dual-use parts shall be acquired—
(1) pursuant to competitive procedures (as defined in section 3012 of title 10, United States Code); and
(2) only from suppliers that provide parts that possess
an Authorized Release Certificate Federal Aviation Administration Form 8130-3 Airworthy Approval Tag from a certified
repair station pursuant to part 145 of title 14, Code of Federal
Regulations.
(c) DEFINITIONS.—In this section:
(1) COMMERCIAL DERIVATIVE.—The term ‘‘commercial
derivative’’ means an item procured by the Department of
Defense that is or was produced using the same or similar
production facilities, a common supply chain, and the same
or similar production processes that are used for the production
of the item as predominantly used by the general public or
by nongovernmental entities for purposes other than governmental purposes.
(2) COMMERCIAL DUAL-USE PART.—The term ‘‘commercial
dual-use part’’ means a product that is—
(A) a commercial product;

H. R. 7776—68
(B) dual-use;
(C) described in subsection (b)(2); and
(D) not a life-limited part.
(3) COMMERCIAL PRODUCT.—The term ‘‘commercial product’’
has the meaning given such term in section 103 of title 41,
United States Code.
(4) DUAL-USE.—The term ‘‘dual-use’’ has the meaning given
such term in section 4801 of title 10, United States Code.
SEC. 162. ASSESSMENT AND STRATEGY FOR FIELDING CAPABILITIES
TO COUNTER THREATS POSED BY UNMANNED AERIAL
SYSTEM SWARMS.

(a) ASSESSMENT, ANALYSIS, AND REVIEW.—The Secretary of
Defense shall conduct—
(1) an assessment of the threats posed by unmanned aerial
system swarms and unmanned aerial systems with swarm
capabilities to installations and deployed Armed Forces;
(2) an analysis of the use or potential use of unmanned
aerial system swarms by adversaries, including the People’s
Republic of China, the Russian Federation, the Islamic Republic
of Iran, the Democratic People’s Republic of North Korea, and
non-state actors;
(3) an analysis of the national security implications of
swarming technologies such as autonomous intelligence and
machine learning;
(4) a review of the capabilities used by the Department
of Defense to counter threats posed by unmanned aerial systems
and an assessment of the effectiveness of such capabilities
at countering the threat of unmanned aerial system swarms;
and
(5) an overview of the efforts of the Department of Defense
to develop and field test technologies that offer scalable, modular, and rapidly deployable capabilities with the ability to
counter unmanned aerial system swarms.
(b) STRATEGY DEVELOPMENT AND IMPLEMENTATION REQUIRED.—
(1) IN GENERAL.—The Secretary of Defense shall develop
and implement a strategy to field capabilities to counter threats
posed by unmanned aerial system swarms.
(2) ELEMENTS.—The strategy required by paragraph (1)
shall include the following:
(A) The development of a comprehensive definition of
‘‘unmanned aerial system swarm’’.
(B) A plan to establish and incorporate requirements
for the development, testing, and fielding of technologies
and capabilities to counter unmanned aerial system
swarms.
(C) A plan to acquire and field adequate capabilities
to counter unmanned aerial system swarms in defense
of the Armed Forces, infrastructure, and other assets of
the United States across land, air, and maritime domains.
(D) An estimate of the resources needed by each Armed
Force to implement the strategy.
(E) An analysis, determination, and prioritization of
legislative action required to ensure the Department of
Defense has the ability to counter the threats posed by
unmanned aerial system swarms.

H. R. 7776—69
(F) Such other matters as the Secretary determines
to be relevant to the strategy.
(3) INCORPORATION INTO EXISTING STRATEGY.—The Secretary of Defense may incorporate the strategy required by
paragraph (1) into a comprehensive strategy of the Department
of Defense to counter the threat of unmanned aerial systems.
(c) INFORMATION TO CONGRESS.—Not later than 270 days after
the date of the enactment of this Act, the Secretary of Defense
shall submit to the congressional defense committees a report on—
(1) the findings of the Secretary under subsection (a); and
(2) the strategy developed and implemented by the Secretary under subsection (b).
SEC. 163. ASSESSMENT AND REPORT ON MILITARY ROTARY WING AIRCRAFT INDUSTRIAL BASE.

(a) ASSESSMENT REQUIRED.—The Under Secretary of Defense
for Acquisition and Sustainment, in coordination with the Secretaries of the Army, Navy, and Air Force, shall conduct an assessment of the military rotary wing aircraft industrial base.
(b) ELEMENTS.—The assessment under subsection (a) shall
include the following:
(1)(A) Identification of each rotary wing aircraft program
of the Department of Defense that is in the research and
development or procurement phase.
(B) A description of any platform-specific or capabilityspecific facility or workforce technical skill requirements necessary for each program identified under subparagraph (A).
(2) Identification of—
(A) the rotary wing aircraft capabilities of each Armed
Force anticipated for programming beyond the period covered by the most recent future-years defense program submitted to Congress under section 221 of title 10, United
States Code (as of the date of the assessment); and
(B) the technologies, facilities, and workforce skills necessary for the development of such capabilities.
(3) An assessment of the military industrial base capacity
and skills that are available (as of the date of the assessment)
to design and manufacture the platforms and capabilities identified under paragraphs (1) and (2) and a list of any gaps in
such capacity and skills.
(4)(A) Identification of each component, subcomponent, or
equipment supplier in the military rotary wing aircraft industrial base that is the sole source within such industrial base
from which that component, subcomponent, or equipment may
be obtained.
(B) An assessment of any risk resulting from the lack
of other suppliers for such components, subcomponents, or
equipment.
(5) Analysis of the likelihood of future consolidation,
contraction, or expansion, within the rotary wing aircraft industrial base, including—
(A) identification of the most probable scenarios with
respect to such consolidation, contraction, or expansion;
and
(B) an assessment of how each such scenario may
affect the ability of the Armed Forces to acquire military

H. R. 7776—70
rotary wing aircraft in the future, including any effects
on the cost and schedule of such acquisitions.
(6) Such other matters the Under Secretary of Defense
for Acquisition and Sustainment determines appropriate.
(c) REPORT.—Not later than June 1, 2023, the Under Secretary
of Defense for Acquisition and Sustainment shall submit to the
congressional defense committees a report that includes—
(1) the results of the assessment conducted under subsection (a); and
(2) based on such results, recommendations for reducing
any risks identified with respect to the military rotary wing
aircraft industrial base.
(d) ROTARY WING AIRCRAFT DEFINED.—In this section, the term
‘‘rotary wing aircraft’’ includes rotary wing and tiltrotor aircraft.
SEC. 164. COMPTROLLER GENERAL AUDIT OF EFFORTS TO MODERNIZE THE PROPULSION, POWER, AND THERMAL
MANAGEMENT SYSTEMS OF F–35 AIRCRAFT.

(a) AUDIT REQUIRED.—The Comptroller General of the United
States shall conduct an audit of the efforts of the Department
of Defense to modernize the propulsion, power, and thermal
management systems of F–35 aircraft.
(b) ELEMENTS.—The audit conducted under subsection (a) shall
include the following:
(1) An evaluation of the results of the business-case analysis conducted by the Director of the F–35 Joint Program
Office, in which the Director assessed options to modernize
the propulsion, power, and thermal management systems of
the F–35 aircraft.
(2) An assessment of the costs associated with each modernization option assessed in the business-case analysis
described in paragraph (1), including any costs associated with
development, production, retrofit, integration, and installation
of the option (including any aircraft modifications required
to accommodate such option), and an assessment of the
sustainment infrastructure requirements associated with that
option for each variant of F–35 aircraft.
(3) An assessment of the progress made by the prototype
engines developed under the Adaptive Engine Transition Program and the development and testing status of the other
modernization options assessed in the business-case analysis
described in paragraph (1).
(4) An assessment of the timeline associated with modernizing the propulsion, power, and thermal management systems
of F–35 aircraft to meet the capability performance requirements of the full Block 4 suite upgrade planned for each variant
of such aircraft.
(5) An assessment of the costs associated with modernizing
the propulsion, power, and thermal management systems of
F–35 aircraft to meet the capability performance requirements
of the full Block 4 suite upgrade planned for each variant
of such aircraft.
(6) An assessment of the potential effects of each modernization option assessed in the business-case analysis
described in paragraph (1) on life-cycle sustainment costs and
the costs of spare parts for F–35 aircraft, including any

H. R. 7776—71
participatory effects on international partners and foreign military sales customers.
(c) BRIEFING.—Not later than February 28, 2023, the Comptroller General shall provide to the congressional defense committees a briefing on the preliminary results of the audit conducted
under subsection (a).
(d) REPORT.—Following the briefing under subsection (c), at
such time as is mutually agreed upon by the congressional defense
committees and the Comptroller General, the Comptroller General
shall submit to the congressional defense committees a report on
the final results of the audit conducted under subsection (a),
including the findings of the Comptroller General with respect
to each element specified in subsection (b).

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. Modification of cooperative research and development project authority.
Sec. 212. Clarification of role of senior official with principal responsibility for artificial intelligence and machine learning.
Sec. 213. Inclusion of Office of Under Secretary of Defense for Research and Engineering in personnel management authority to attract experts in science
and engineering.
Sec. 214. Modification of limitation on cancellation of designation of Executive
Agent for a certain Defense Production Act program.
Sec. 215. Support for research and development of bioindustrial manufacturing
processes.
Sec. 216. Air-breathing and rocket booster testing capacity upgrades to support
critical hypersonic weapons development.
Sec. 217. Competitively awarded demonstrations and tests of electromagnetic warfare technology.
Sec. 218. Administration of the Advanced Sensor Applications Program.
Sec. 219. Quantifiable assurance capability for security of microelectronics.
Sec. 220. Government-Industry-Academia Working Group on Microelectronics.
Sec. 221. Target date for deployment of 5G wireless broadband infrastructure at all
military installations.
Sec. 222. Outreach to historically Black colleges and universities and other minority-serving institutions regarding National Security Innovation Network
programs that promote entrepreneurship and innovation at institutions
of higher education.
Sec. 223. Report and pilot program based on recommendations regarding defense
research capacity at historically Black colleges and universities and
other minority-serving institutions.
Sec. 224. Pilot program to support the development of patentable inventions in the
Department of the Navy.
Sec. 225. Pilot program to facilitate the development of battery technologies for
warfighters.
Subtitle C—Plans, Reports, and Other Matters
Sec. 231. Modification to annual reports of the Director of Operational Test and
Evaluation.
Sec. 232. Extension of requirement for quarterly briefings on strategy for fifth generation information and communications technologies.
Sec. 233. Plan for investments to support the development of novel processing approaches for defense applications.
Sec. 234. Plans to accelerate the transition to 5G information and communications
technology within the military departments.
Sec. 235. Plan for Defense Advanced Research Projects Agency Innovation Fellowship Program.
Sec. 236. Strategy and plan for fostering and strengthening the defense innovation
ecosystem.

H. R. 7776—72
Sec. 237. Assessment and strategy relating to hypersonic testing capacity of the Department of Defense.
Sec. 238. Annual report on studies and reports of federally funded research and development centers.
Sec. 239. Report on recommendations from Army Futures Command Research Program Realignment Study.
Sec. 240. Report on potential for increased utilization of the Electronic Proving
Grounds testing range.
Sec. 241. Study on costs associated with underperforming software and information
technology.
Sec. 242. Study and report on sufficiency of operational test and evaluation resources supporting certain major defense acquisition programs.

Subtitle A—Authorization of
Appropriations
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

Funds are hereby authorized to be appropriated for fiscal year
2023 for the use of the Department of Defense for research, development, test, and evaluation, as specified in the funding table in
section 4201.

Subtitle B—Program Requirements,
Restrictions, and Limitations
SEC. 211. MODIFICATION OF COOPERATIVE RESEARCH AND DEVELOPMENT PROJECT AUTHORITY.

(a) IN GENERAL.—Section 2350a(a)(2) of title 10, United States
Code, is amended by adding at the end the following:
‘‘(F) The European Union, including the European Defence
Agency, the European Commission, and the Council of the
European Union, and their suborganizations.’’.
(c) CONFORMING REGULATIONS.—Not later than 120 days after
the date of the enactment of this Act, the Secretary of Defense
shall revise the Department of Defense Supplement to the Federal
Acquisition Regulation to conform with section 2350a of title 10,
United States Code, as amended by subsection (a).
SEC. 212. CLARIFICATION OF ROLE OF SENIOR OFFICIAL WITH PRINCIPAL RESPONSIBILITY FOR ARTIFICIAL INTELLIGENCE
AND MACHINE LEARNING.

(a) PERSONNEL MANAGEMENT AUTHORITY TO ATTRACT EXPERTS
SCIENCE AND ENGINEERING.—Section 4092 of title 10, United
States Code, is amended—
(1) in subsection (a)(6)—
(A) by striking ‘‘Director of the Joint Artificial Intelligence Center’’ and inserting ‘‘official designated under
section 238(b) of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115–
232)’’;
(B) by striking ‘‘for the Center’’ and inserting ‘‘to support the activities of such official under section 238 of
such Act’’; and
(C) in the paragraph heading, by striking ‘‘Center’’;
(2) in subsection (b)(1)(F)—
(A) by striking ‘‘Joint Artificial Intelligence Center’’
and inserting ‘‘office of the official designated under section

IN

H. R. 7776—73
238(b) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232)’’; and
(B) by striking ‘‘in the Center’’ and inserting ‘‘in support of the activities of such official under section 238
of such Act’’; and
(3) in subsection (c)(2), by striking ‘‘Joint Artificial Intelligence Center’’ and inserting ‘‘the activities under section 238
of the John S. McCain National Defense Authorization Act
for Fiscal Year 2019 (Public Law 115–232)’’.
(b) REVIEW OF ARTIFICIAL INTELLIGENCE APPLICATIONS AND
ESTABLISHMENT OF PERFORMANCE METRICS.—Section 226(b) of the
National Defense Authorization Act for Fiscal Year 2022 (Public
Law 117–81; 10 U.S.C. 4001 note) is amended—
(1) in paragraph (3), by striking ‘‘Director of the Joint
Artificial Intelligence Center’’ and inserting ‘‘official designated
under subsection (b) of section 238 of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019 (Public
Law 115–232; 10 U.S.C. note prec. 4061)’’;
(2) in paragraph (4), by striking ‘‘Director of the Joint
Artificial Intelligence Center’’ and inserting ‘‘official designated
under subsection (b) of section 238 of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019 (Public
Law 115–232; 10 U.S.C. note prec. 4061)’’; and
(3) in paragraph (5), by striking ‘‘Director of the Joint
Artificial Intelligence Center’’ and inserting ‘‘official designated
under subsection (b) of section 238 of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019 (Public
Law 115–232; 10 U.S.C. note prec. 4061)’’.
(c) MODIFICATION OF THE JOINT COMMON FOUNDATION PROGRAM.—Section 227(a) of the National Defense Authorization Act
for Fiscal Year 2022 (Public Law 117–81; 10 U.S.C. 4001 note)
is amended by striking ‘‘Joint Artificial Intelligence Center’’ and
inserting ‘‘the office of the official designated under subsection
(b) of section 238 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 10 U.S.C.
note prec. 4061)’’.
(d) PILOT PROGRAM ON DATA REPOSITORIES TO FACILITATE THE
DEVELOPMENT OF ARTIFICIAL INTELLIGENCE CAPABILITIES FOR THE
DEPARTMENT OF DEFENSE.—Section 232 of the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117–81; 10
U.S.C. 4001 note) is amended—
(1) in the section heading, by striking ‘‘PILOT PROGRAM
ON DATA REPOSITORIES’’ and inserting ‘‘DATA REPOSITORIES’’;
(2) by amending subsection (a) to read as follows:
‘‘(a) ESTABLISHMENT OF DATA REPOSITORIES.—The Secretary
of Defense, acting through the official designated under subsection
(b) of section 238 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 10 U.S.C.
note prec. 4061) (and such other officials as the Secretary determines appropriate), shall—
‘‘(1) establish data repositories containing Department of
Defense data sets relevant to the development of artificial intelligence software and technology; and
‘‘(2) allow appropriate public and private sector organizations to access such data repositories for the purpose of developing improved artificial intelligence and machine learning software capabilities that may, as determined appropriate by the

H. R. 7776—74
Secretary, be procured by the Department to satisfy Department requirements and technology development goals.’’;
(3) in subsection (b), by striking ‘‘If the Secretary of Defense
carries out the pilot program under subsection (a), the data
repositories established under the program’’ and inserting ‘‘The
data repositories established under subsection (a)’’; and
(4) by amending subsection (c) to read as follows:
‘‘(c) BRIEFING.—Not later than July 1, 2023, the Secretary of
Defense shall provide to the congressional defense committees a
briefing on—
‘‘(1) the types of information the Secretary determines are
feasible and advisable to include in the data repositories established under subsection (a); and
‘‘(2) the progress of the Secretary in establishing such data
repositories.’’.
(e) DIGITAL DEVELOPMENT INFRASTRUCTURE PLAN AND
WORKING GROUP.—Section 1531(d)(2)(C) of the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117–81; 135
Stat. 2051) is amended by striking ‘‘The Joint Artificial Intelligence
Center (JAIC)’’ and inserting ‘‘The office of the official designated
under subsection (b) of section 238 of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law 115–
232; 10 U.S.C. note prec. 4061)’’.
(f) BOARD OF ADVISORS FOR THE OFFICE OF THE SENIOR OFFICIAL WITH PRINCIPAL RESPONSIBILITY FOR ARTIFICIAL INTELLIGENCE
AND MACHINE LEARNING.—Section 233 of the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year
2021 (Public Law 116–283; 10 U.S.C. 4001 note) is amended—
(1) in the section heading, by striking ‘‘JOINT ARTIFICIAL
INTELLIGENCE CENTER’’ and inserting ‘‘OFFICE OF THE SENIOR
OFFICIAL WITH PRINCIPAL RESPONSIBILITY FOR ARTIFICIAL
INTELLIGENCE AND MACHINE LEARNING’’;

(2) in subsection (a), by striking ‘‘Joint Artificial Intelligence Center’’ and inserting ‘‘office of the official designated
under subsection (b) of section 238 of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019 (Public
Law 115–232; 10 U.S.C. note prec. 4061) (referred to in this
section as the ‘Official’)’’;
(3) in subsection (b), by striking ‘‘Director’’ each place in
appears and inserting ‘‘Official’’;
(4) in subsection (f), by striking ‘‘September 30, 2024’’ and
inserting ‘‘September 30, 2026’’; and
(5) in subsection (g)—
(A) by striking paragraphs (2) and (3); and
(B) by redesignating paragraph (4) as paragraph (2).
(g) APPLICATION OF ARTIFICIAL INTELLIGENCE TO THE DEFENSE
REFORM PILLAR IN THE NATIONAL DEFENSE STRATEGY.—Section
234(b) of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116–283; 10
U.S.C. 113 note) is amended by striking ‘‘Director of the Joint
Artificial Intelligence Center’’ and inserting ‘‘official designated
under section 238(b) of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115–232; 10
U.S.C. note prec. 4061)’’.
(h) PILOT PROGRAM ON THE USE OF ELECTRONIC PORTFOLIOS
TO EVALUATE CERTAIN APPLICANTS FOR TECHNICAL POSITIONS.—
Section 247(c) of the William M. (Mac) Thornberry National Defense

H. R. 7776—75
Authorization Act for Fiscal Year 2021 (Public Law 116–283; 10
U.S.C. note prec. 1580) is amended—
(1) in paragraph (1), by striking ‘‘the Joint Artificial Intelligence Center’’ and inserting ‘‘the office of the official designated under subsection (b) of section 238 of the John S.
McCain National Defense Authorization Act for Fiscal Year
2019 (Public Law 115–232; 10 U.S.C. note prec. 4061)’’;
(2) by striking paragraph (2); and
(3) by redesignating paragraphs (3) and (4) as paragraphs
(2) and (3), respectively.
(i) ACQUISITION AUTHORITY OF THE DIRECTOR OF THE JOINT
ARTIFICIAL INTELLIGENCE CENTER.—Section 808 the William M.
(Mac) Thornberry National Defense Authorization Act for Fiscal
Year 2021 (Public Law 116–283; 10 U.S.C. 4001 note) is amended—
(1) in the section heading, by striking ‘‘THE DIRECTOR
OF THE JOINT ARTIFICIAL INTELLIGENCE CENTER’’ and
inserting ‘‘THE SENIOR OFFICIAL WITH PRINCIPAL RESPONSIBILITY
FOR
LEARNING’’;

ARTIFICIAL

INTELLIGENCE

AND

MACHINE

(2) in subsection (a)—
(A) by striking ‘‘the Director of the Joint Artificial
Intelligence Center’’ and inserting ‘‘the official designated
under subsection (b) of section 238 of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019
(Public Law 115–232; 10 U.S.C. note prec. 4061) (referred
to in this section as the ‘Official’)’’; and
(B) by striking ‘‘the Center’’ and inserting ‘‘the office
of such official (referred to in this section as the ‘Office’)’’;
(3) in subsection (b)—
(A) in the subsection heading, by striking ‘‘JAIC’’;
(B) in paragraph (1)—
(i) in the matter preceding subparagraph (A),
(I) by striking ‘‘staff of the Director’’ and
inserting ‘‘staff of the Official’’; and
(II) by striking ‘‘the Director of the Center’’
and inserting ‘‘such Official’’;
(ii) in subparagraph (A), by striking ‘‘the Center’’
and inserting ‘‘the Office’’;
(iii) in subparagraph (B), by striking ‘‘the Center’’
and inserting ‘‘the Office’’;
(iv) in subparagraph (C), by striking ‘‘the Center’’
each place it appears and inserting ‘‘the Office’’; and
(v) in subparagraph (D), by striking ‘‘the Center’’
each place it appears and inserting ‘‘the Office’’; and
(C) in paragraph (2)—
(i) by striking ‘‘the Center’’ and inserting ‘‘the
Office’’; and
(ii) by striking ‘‘the Director’’ and inserting ‘‘the
Official’’;
(4) in subsection (c)(1)—
(A) by striking ‘‘the Center’’ and inserting ‘‘the Office’’;
and
(B) by striking ‘‘the Director’’ and inserting ‘‘the Official’’;
(5) in subsection (d), by striking ‘‘the Director’’ and inserting
‘‘the Official’’;
(6) in subsection (e)—

H. R. 7776—76
(A) in paragraph (2)—
(i) in subparagraph (B), by striking ‘‘Center missions’’ and inserting ‘‘the missions of the Office’’; and
(ii) in subparagraph (D), by striking ‘‘the Center’’
and inserting ‘‘the Office’’; and
(B) in paragraph (3), by striking ‘‘the Center’’ and
inserting ‘‘the Office’’;
(7) in subsection (f), by striking ‘‘the Director’’ and inserting
‘‘the Official’’; and
(8) in subsection (g)—
(A) by striking paragraphs (1) and (3); and
(B) by redesignating paragraphs (4) and (5) as paragraphs (1) and (2), respectively.
(j) BIANNUAL REPORT ON OFFICE OF THE SENIOR OFFICIAL WITH
PRINCIPAL RESPONSIBILITY FOR ARTIFICIAL INTELLIGENCE AND
MACHINE LEARNING.—Section 260 of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116–92) is
amended—
(1) in the section heading, by striking ‘‘JOINT ARTIFICIAL
INTELLIGENCE CENTER’’ and inserting ‘‘OFFICE OF THE SENIOR
OFFICIAL WITH PRINCIPAL RESPONSIBILITY FOR ARTIFICIAL
INTELLIGENCE AND MACHINE LEARNING’’;

(2) in subsection (a)—
(A) by striking ‘‘2023’’ and inserting ‘‘2026’’; and
(B) by striking ‘‘the Joint Artificial Intelligence Center
(referred to in this section as the ‘Center’)’’ and inserting
‘‘the office of the official designated under subsection (b)
of section 238 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115–
232; 10 U.S.C. note prec. 4061) (referred to in this section
as the ‘Office’)’’;
(3) in subsection (b)—
(A) by striking ‘‘Center’’ each place it appears and
inserting ‘‘Office’’;
(B) in paragraph (2), by striking ‘‘the National Mission
Initiatives, Component Mission Initiatives, and any other
initiatives’’ and inserting ‘‘any initiatives’’; and
(C) in paragraph (7), by striking ‘‘the Center’s investments in the National Mission Initiatives and Component
Mission Initiatives’’ and inserting ‘‘the Office’s investments
in its initiatives and other activities’’; and
(4) by striking subsection (c).
(k) CHIEF DATA OFFICER RESPONSIBILITY FOR DEPARTMENT OF
DEFENSE DATA SETS.—Section 903(b) of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116–92; 10
U.S.C. 2223 note) is amended—
(1) by striking paragraph (3); and
(2) by redesignating paragraph (4) as paragraph (3).
(l) JOINT ARTIFICIAL INTELLIGENCE RESEARCH, DEVELOPMENT,
AND TRANSITION ACTIVITIES.—Section 238 of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019 (Public
Law 115–232; 10 U.S.C. note prec. 4061) is amended—
(1) by amending subsection (c) to read as follows:
‘‘(c) ORGANIZATION AND ROLES.—
‘‘(1) IN GENERAL.—In addition to designating an official
under subsection (b), the Secretary of Defense shall assign
to appropriate officials within the Department of Defense roles

H. R. 7776—77
and responsibilities relating to the research, development,
prototyping, testing, procurement of, requirements for, and
operational use of artificial intelligence technologies.
‘‘(2) APPROPRIATE OFFICIALS.—The officials assigned roles
and responsibilities under paragraph (1) shall include—
‘‘(A) the Under Secretary of Defense for Research and
Engineering;
‘‘(B) the Under Secretary of Defense for Acquisition
and Sustainment;
‘‘(C) one or more officials in each military department;
‘‘(D) officials of appropriate Defense Agencies; and
‘‘(E) such other officials as the Secretary of Defense
determines appropriate.’’;
(2) in subsection (e), by striking ‘‘Director of the Joint
Artificial Intelligence Center’’ and inserting ‘‘official designated
under subsection (b)’’; and
(3) by striking subsection (h).
(m) REFERENCES.—Any reference in any law, regulation, guidance, instruction, or other document of the Federal Government
to the Director of the Joint Artificial Intelligence Center of the
Department of Defense or to the Joint Artificial Intelligence Center
shall be deemed to refer to the official designated under section
238(b) of the John S. McCain National Defense Authorization Act
for Fiscal Year 2019 (Public Law 115–232; 10 U.S.C. note prec.
4061) or the office of such official, as the case may be.
SEC. 213. INCLUSION OF OFFICE OF UNDER SECRETARY OF DEFENSE
FOR RESEARCH AND ENGINEERING IN PERSONNEL
MANAGEMENT AUTHORITY TO ATTRACT EXPERTS IN
SCIENCE AND ENGINEERING.

Section 4092 of title 10, United States Code, is amended—
(1) in subsection (a), by adding at the end the following
new paragraph:
‘‘(10) OFFICE OF THE UNDER SECRETARY OF DEFENSE FOR
RESEARCH AND ENGINEERING.—The Under Secretary of Defense
for Research and Engineering may carry out a program of
personnel management authority provided in subsection (b)
in order to facilitate recruitment of eminent experts in science
or engineering for the Office of the Under Secretary.’’; and
(2) in subsection (b)(1)—
(A) in subparagraph (H), by striking ‘‘; and’’ and
inserting a semicolon;
(B) in subparagraph (I), by striking the semicolon and
inserting ‘‘; and’’; and
(C) by adding at the end the following new subparagraph:
‘‘(J) in the case of the Office of the Under Secretary
of Defense for Research and Engineering, appoint scientists
and engineers to a total of not more than 10 scientific
and engineering positions in the Office;’’.
SEC. 214. MODIFICATION OF LIMITATION ON CANCELLATION OF DESIGNATION OF EXECUTIVE AGENT FOR A CERTAIN DEFENSE
PRODUCTION ACT PROGRAM.

Section 226 of the National Defense Authorization Act for Fiscal
Year 2018 (Public Law 115–91; 131 Stat. 1335) is amended—
(1) by redesignating subsection (e) as subsection (f); and

H. R. 7776—78
(2) by inserting after subsection (d) the following new subsection:
‘‘(e) DESIGNATION OF OTHER EXECUTIVE AGENTS.—Notwithstanding the requirements of this section or section 1792 of the
John S. McCain National Defense Authorization Act for Fiscal
Year 2019 (50 U.S.C. 4531 note), the Secretary of Defense may
designate one or more Executive Agents within the Department
of Defense (other than the Executive Agent described in subsection
(a)) to implement Defense Production Act transactions entered into
under the authority of sections 4021, 4022, and 4023 of title 10,
United States Code.’’.
SEC. 215. SUPPORT FOR RESEARCH AND DEVELOPMENT OF BIOINDUSTRIAL MANUFACTURING PROCESSES.

(a) AUTHORIZATION.—Subject to the availability of appropriations, the Secretary of Defense shall provide support for the development of a network of bioindustrial manufacturing facilities to conduct research and development to improve the ability of the industrial base to assess, validate, and scale new, innovative bioindustrial
manufacturing processes for the production of chemicals, materials,
and other products necessary to support national security or secure
fragile supply chains.
(b) FORM OF SUPPORT.—The support provided under subsection
(a) may consist of—
(1) providing funding to one or more existing facilities
or the establishment of new facilities—
(A) to support the research and development of bioindustrial manufacturing processes; or
(B) to otherwise expand the bioindustrial manufacturing capabilities of such facilities;
(2) the establishment of dedicated facilities within one or
more bioindustrial manufacturing facilities to serve as regional
hubs for the research, development, and the scaling of bioindustrial manufacturing processes and products to higher levels
of production; or
(3) designating a bioindustrial manufacturing facility to
serve as the lead entity responsible for integrating a network
of pilot and intermediate scale bioindustrial manufacturing
facilities.
(c) ACTIVITIES.—A facility that receives support under subsection (a) shall carry out activities relating to the research, development, test, and evaluation of innovative bioindustrial manufacturing processes and the scaling of bioindustrial manufacturing
products to higher levels of production, which may include—
(1) research on the use of bioindustrial manufacturing to
create materials such as polymers, coatings, resins, commodity
chemicals, and other materials with fragile supply chains;
(2) demonstration projects to evaluate bioindustrial manufacturing processes and technologies;
(3) activities to scale bioindustrial manufacuring processes
and products to higher levels of production;
(4) strategic planning for infrastructure and equipment
investments for bioindustrial manufacturing of defense-related
materials;
(5) analyses of bioindustrial manufactured products and
validation of the application of biological material used as input

H. R. 7776—79
to new and existing processes to aid in future investment
strategies and the security of critical supply chains;
(6) the selection, construction, and operation of pilot and
intermediate scale bioindustrial manufacturing facilities;
(7) development and management of a network of facilities
to scale production of bioindustrial products;
(8) activities to address workforce needs in bioindustrial
manufacturing;
(9) establishing an interoperable, secure, digital infrastructure for collaborative data exchange across entities in the bioindustrial manufacturing community, including government
agencies, industry, and academia;
(10) developing and implementing digital tools, process
security and assurance capabilities, cybersecurity protocols, and
best practices for data storage, sharing and analysis; and
(11) such other activities as the Secretary of Defense determines appropriate.
(d) CONSIDERATIONS.—In determining the number, type, and
location of facilities to support under subsection (a), the Secretary
of Defense shall consider—
(1) how the facilities may complement each other or
increase production levels by functioning together as a network;
(2) how to geographically distribute support to such facilities—
(A) to maximize access to biological material needed
as an input to bioindustrial manufacturing processes;
(B) to leverage available industrial and academic expertise, including workforce and human capital;
(C) to leverage relevant domestic infrastructure
required to secure supply chains for chemicals and other
materials;
(D) to leverage access to venture capital and private
sector finance expertise and funding instruments; and
(E) to complement the capabilities of similar facilities;
and
(3) how the activities supported under this section can
be coordinated with relevant activities of other departments
and agencies of the Federal Government.
(e) INITIAL CONCEPT PLAN REQUIRED.—
(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 and the
National Security Commission on Emerging Biotechnology an
initial concept plan for the implementation of this section that
includes—
(A) an assessment of capacity scaling needs to determine if, and what type of, additional bioindustrial manufacturing facilities may be needed to meet the needs of the
Department of Defense;
(B) a description of types, relative sizes, and locations
of the facilities the Secretary intends to establish or support
under this section;
(C) a general description of the focus of each facility,
including the types of bioindustrial manufacturing equipment, if any, that are expected to be procured for each
such facility;

H. R. 7776—80
(D) a general description of how the facilities will work
as a network to maximize the diversity of bioindustrial
products available to be produced by the network;
(E) an explanation of how the network will support
the establishment and maintenance of the bioindustrial
manufacturing industrial base; and
(F) an explanation of how the Secretary intends to
ensure that bioindustrial manufacturing activities conducted under this section are modernized digitally,
including through—
(i) the use of data automation to represent processes and products as models and simulations; and
(ii) the implementation of measures to address
cybersecurity and process assurance concerns.
(2) BRIEFINGS.—Not later than 180 days after the date
of the submittal of the plan under paragraph (1), and annually
thereafter for five years, the Secretary of Defense shall provide
to the congressional defense committees a briefing on the Secretary’s progress in implementing the plan.
(f) BIOINDUSTRIAL MANUFACTURING DEFINED.—In this section,
the term ‘‘bioindustrial manufacturing’’ means the use of living
organisms, cells, tissues, enzymes, or cell-free systems to produce
materials and products for non-pharmaceutical applications.
SEC. 216. AIR-BREATHING AND ROCKET BOOSTER TESTING CAPACITY
UPGRADES TO SUPPORT CRITICAL HYPERSONIC WEAPONS
DEVELOPMENT.

(a) IN GENERAL.—Subject to the availability of appropriations
for such purpose, the Secretary of the Air Force shall carry out
activities to upgrade testing facilities of the Department of the
Air Force that support the development of critical hypersonic
weapons that—
(1) use air-breathing or rocket booster capabilities; and
(2) are expected to operate in sea-level or high-altitude
operational domains.
(b) TIMELINE FOR COMPLETION.—The Secretary of the Air Force
shall seek to complete any upgrade under subsection (a), subject
to availability of appropriations for such upgrade, not later than
24 months after the upgrade is commenced.
SEC. 217. COMPETITIVELY AWARDED DEMONSTRATIONS AND TESTS
OF ELECTROMAGNETIC WARFARE TECHNOLOGY.

(a) DEMONSTRATIONS AND TESTS REQUIRED.—Not later than
270 days after the date of the enactment of this Act, the Director
of the Air Force Rapid Capabilities Office, in coordination with
the Air Force Life Cycle Management Center, shall select one
or more qualified entities under competitive processes to conduct
demonstrations and tests of commercial electronics technology to
determine whether technology currently exists that could enable
the following electromagnetic warfare capabilities:
(1) The operation of multiple emitters and receivers in
the same frequency at the same time and in the same location
without mutual interference and without using adaptive beam
forming or nulling.
(2) Protecting the reception of Global Positioning System
and other vulnerable low-power signals from multiple highpower jammers at a level that is significantly better than

H. R. 7776—81
the protection afforded by controlled reception pattern
antennas.
(3) Simultaneous transmission from and reception of separate signals on the same platform wherein the signals lie in
the same frequency and are transmitted and received at the
same time without interference.
(4) Capabilities similar those described in paragraphs (1)
through (3) in a live, virtual constructive simulation environment.
(5) Other capabilities that might satisfy or support needs
set forth in the Electromagnetic Spectrum Superiority Strategy
Implementation Plan released on August 5, 2021.
(b) OVERSIGHT OF TESTS.—The Director of Operational Test
and Evaluation shall—
(1) provide oversight of the demonstrations and tests
required by subsection (a);
(2) review other applicable government or commercial demonstrations and tests; and
(3) not later than 30 days after the completion of the
demonstrations and tests under subsection (a), advise the Chief
Information Officer of the Department of Defense, the Under
Secretary of Defense for Research and Engineering, and the
Under Secretary of Defense for Acquisition and Sustainment
of the outcomes of the demonstrations and tests.
(c) OUTCOME-BASED ACTIONS REQUIRED.—If the Director of
Operational Test and Evaluation and the Director of the Air Force
Rapid Capabilities Office affirm that the demonstrations and tests
under subsection (a) confirm that certain commercial electronics
technology could enable one or more of the capabilities described
in such subsection—
(1) not later than 45 days after the conclusion of the
tests under subsection (a), the Director of the Air Force Rapid
Capabilities Office and the Director of Operational Test and
Evaluation shall jointly provide to the congressional defense
committees a briefing on the outcomes of the tests;
(2) the Director of the Air Force Rapid Capabilities Office
may begin engineering form, fit, and function development
and integration to incorporate technologies demonstrated and
tested under subsection (a) into specific Department of Defense
platforms and applications; and
(3) not later than 90 days after the conclusion of the
tests under subsection (a), the Director of the Air Force Rapid
Capabilities Office, the Chief Information Officer, the Under
Secretary of Defense for Research and Engineering, and the
Under Secretary of Defense for Acquisition and Sustainment
shall jointly provide to the congressional defense committees
a briefing on any plans of the Department of Defense to further
develop and deploy the technologies demonstrated and tested
under subsection (a) to support the Electromagnetic Spectrum
Superiority Strategy Implementation Plan released on August
5, 2021.
(d) COMPETITIVENESS REQUIREMENTS.—A decision to commit,
obligate, or expend funds for the purposes outlined in this section
shall be based on merit-based selection procedures in accordance
with the requirements of sections 3201(e) and 4024 of title 10,
United States Code, or on competitive procedures.

H. R. 7776—82
(e) COMMERCIAL ELECTRONICS TECHNOLOGY DEFINED.—The
term ‘‘commercial electronics technology’’ means electronics technology that is—
(1) a commercial component (as defined in section 102
of title 41, United States Code);
(2) a commercial product (as defined in section 103 such
title);
(3) a commercial service (as defined in section 103a of
such title); or
(4) a commercially available off-the-shelf item (as defined
in section 104 of such title).
SEC. 218. ADMINISTRATION OF THE ADVANCED SENSOR APPLICATIONS PROGRAM.

(a) RESOURCE SPONSORS.—
(1) IN GENERAL.—The Commander of Naval Air Systems
Command and the Director of Air Warfare shall jointly serve
as the resource sponsors for the Advanced Sensor Applications
Program (commonly known as ‘‘ASAP’’ and in this section
referred to as the ‘‘Program’’).
(2) RESPONSIBILITIES.—The resource sponsors of the Program shall be responsible for the following:
(A) Developing budget requests relating to the Program.
(B) Establishing priorities for the Program.
(C) Approving the execution of funding and projects
for the Program.
(D) Coordination and joint planning with external
stakeholders in matters relating to the Program.
(b) LIMITATIONS.—Only the Secretary of the Navy, the Under
Secretary of the Navy, and the Commander of Naval Air Systems
Command may—
(1) provide direction and management for the Program;
(2) set priorities for the Program;
(3) regulate or limit the information available or accessible
to the Program;
(4) edit reports or findings generated under the Program;
or
(5) coordinate and manage interactions of the Program
with external stakeholders.
(c) AUTHORITY FOR PROGRAM MANAGER.—The program manager
for the Program may access, consider, act on, and apply information,
at all levels of classification and from all sources and organizations,
that is pertinent to the projects and activities that the Program
is executing, or considering proposing for the future.
(d) QUARTERLY BRIEFINGS.—Not less frequently than once every
three months, the program manager for the Program shall provide
to the congressional defense committees and congressional intelligence committees (as defined in section 3 of the National Security
Act of 1947 (50 U.S.C. 3003)) a briefing on all aspects of the
Program, including on the status of—
(1) the implementation of this section;
(2) the implementation of other congressional directives
relating to the Program; and
(3) any direction and oversight of the Program exercised
by the Commander of Naval Air Systems Command, the Secretary of the Navy, or the Under Secretary of the Navy.

H. R. 7776—83
(e) STRATEGIC RELATIONSHIP.—The program manager for the
Program shall evaluate the feasibility and advisability of establishing a strategic relationship with the Naval Research Laboratory
pursuant to which the Laboratory provides scientific and technical
assistance and support for the Program.
(f) USE OF ASSETS.—The Commander of Naval Air Systems
Command shall take all actions the Commander considers reasonable—
(1) to enable the Program to use assets controlled within
the Naval Air Systems Command enterprise, including sensor
systems and platforms; and
(2) to pursue the use of other assets that may further
the mission of the Program.
(g) TERMINATION.—This section shall have no force or effect
after September 30, 2027.
SEC. 219. QUANTIFIABLE ASSURANCE CAPABILITY FOR SECURITY OF
MICROELECTRONICS.

(a) DEVELOPMENT AND IMPLEMENTATION OF CAPABILITY.—The
Secretary of Defense shall develop and implement a capability
for quantifiable assurance to achieve practical, affordable, and riskbased objectives for security of microelectronics to enable the
Department of Defense to access and apply state-of-the-art microelectronics for military purposes.
(b) ESTABLISHMENT OF REQUIREMENTS AND SCHEDULE OF SUPPORT FOR DEVELOPMENT, TEST, AND ASSESSMENT.—
(1) IN GENERAL.—Not later than 90 days after the date
of the enactment of this Act, the Deputy Secretary of Defense
shall, in consultation with the Under Secretary of Defense
for Research and Engineering, establish requirements and a
schedule for support from the National Security Agency to
develop, test, assess, implement, and improve the capability
required by subsection (a).
(2) NATIONAL SECURITY AGENCY.—The Director of the
National Security Agency shall take such actions as may be
necessary to satisfy the requirements established under paragraph (1).
(3) BRIEFING.—Not later than 120 days after the date of
the enactment of this Act, the Under Secretary of Defense
for Research and Engineering and the Director of the National
Security Agency shall jointly provide the congressional defense
committees a briefing on the requirements and the schedule
for support established under paragraph (1).
(c) ASSESSMENT.—
(1) IN GENERAL.—The Secretary of Defense shall assess
whether the Department of Defense, to enable expanded use
of unprogrammed application specific integrated circuits or
other custom-designed integrated circuits manufactured by a
supplier that is not using processes accredited by the Defense
Microelectronics Activity for the purpose of enabling the Department to access commercial state-of-the-art microelectronics
technology using risk-based quantifiable assurance security
methodology, should—
(A) seek changes to the International Traffic in Arms
Regulations under subchapter M of chapter I of title 22,
Code of Federal Regulations, and Department of Defense

H. R. 7776—84
Instruction 5200.44 (relating to protection of mission critical functions to achieve trusted systems and networks);
and
(B) expand the use of unprogrammed custom-designed
integrated circuits that are not controlled by such regulations.
(2) BRIEFING.—Not later than April 1, 2023, the Secretary
of Defense shall provide the congressional defense committees
a briefing on the findings of the Secretary with respect to
the assessment conducted under paragraph (1).
SEC. 220. GOVERNMENT-INDUSTRY-ACADEMIA WORKING GROUP ON
MICROELECTRONICS.

(a) ESTABLISHMENT AND DESIGNATION.—
(1) IN GENERAL.—Not later than 180 days after the date
of the enactment of this Act, the Secretary of Defense shall
establish a working group to facilitate coordination among
industry, academia, and the Department of Defense on issues
of mutual interest relating to microelectronics as described
in subsection (c).
(2) DESIGNATION.—The working group established under
paragraph (1) shall be known as the ‘‘Government-IndustryAcademia Working Group on Microelectronics’’ (referred to in
this section as the ‘‘Working Group’’).
(b) COMPOSITION.—The Working Group shall be composed of
representatives of organizations and elements of the Department
of Defense, industry, and academia.
(c) SCOPE.—The Secretary shall ensure that the Working Group
supports dialogue and coordination among industry, academia, and
the Department of Defense on the following issues relating to microelectronics:
(1) Research needs.
(2) Infrastructure needs and shortfalls.
(3) Technical and process standards.
(4) Training and certification needs for the workforce.
(5) Supply chain issues.
(6) Supply chain, manufacturing, and packaging security.
(7) Technology transition issues and opportunities.
(d) CHARTER AND POLICIES.—Not later than March 1, 2023,
the Secretary of Defense shall develop a charter and issue policies
for the functioning of the Working Group.
(e) ADMINISTRATIVE SUPPORT.—The joint federation of capabilities established under section 937 of the National Defense
Authorization Act for Fiscal Year 2014 (Public Law 113–66; 10
U.S.C. 2224 note) shall provide administrative support to the
Working Group.
(f) RULE OF CONSTRUCTION.—Nothing in this section shall be
construed to allow the Department of Defense to provide any
competitive advantage to any participant in the Working Group.
(g) SUNSET.—The provisions of this section shall terminate
on December 31, 2030.
SEC.

221.

TARGET DATE FOR DEPLOYMENT OF 5G
BROADBAND
INFRASTRUCTURE
AT
ALL
INSTALLATIONS.

WIRELESS
MILITARY

(a) TARGET REQUIRED.—Not later than July 30, 2023, the Secretary of Defense shall—

H. R. 7776—85
(1) establish a target date by which the Secretary plans
to deploy 5G wireless broadband infrastructure at all military
installations; and
(2) establish metrics, which shall be identical for each
of the military departments, to measure progress toward
reaching the target required by paragraph (1).
(b) ANNUAL REPORT.—Not later than December 31, 2023, and
on an annual basis thereafter until the date specified in subsection
(c), the Secretary of Defense shall submit to the congressional
defense committees a report that includes—
(1) the metrics in use pursuant to subsection (a)(2); and
(2) the progress of the Secretary in reaching the target
required by subsection (a)(1).
(c) TERMINATION.—The requirement to submit annual reports
under subsection (b) shall terminate on the date that is five years
after the date of the enactment of this Act.
SEC. 222. OUTREACH TO HISTORICALLY BLACK COLLEGES AND
UNIVERSITIES AND OTHER MINORITY-SERVING INSTITUTIONS REGARDING NATIONAL SECURITY INNOVATION
NETWORK PROGRAMS THAT PROMOTE ENTREPRENEURSHIP AND INNOVATION AT INSTITUTIONS OF HIGHER EDUCATION.

(a) PILOT PROGRAM.—The Under Secretary of Defense for
Research and Engineering, acting through the National Security
Innovation Network, may carry out a pilot program under which
the Under Secretary conducts activities, including outreach and
technical assistance, to better connect historically Black colleges
and universities and other minority-serving institutions to the
commercialization, innovation, and entrepreneurial activities of the
Department of Defense.
(b) BRIEFING.—Not later than one year after commencing a
pilot program under subsection (a), the Under Secretary of Defense
for Research and Engineering shall provide to the congressional
defense committees a briefing on the program, including—
(1) an explanation of—
(A) the results of any outreach efforts conducted under
the pilot program;
(B) the success of the pilot program in expanding
National Security Innovation Network programs to historically Black colleges and universities and other minorityserving institutions; and
(C) any potential barriers to the expansion of the pilot
program; and
(2) recommendations for how the Department of Defense
can support historically Black colleges and universities and
other minority-serving institutions to enable such institutions
to successfully participate in Department of Defense commercialization, innovation, and entrepreneurship programs.
(c) TERMINATION.—The authority to carry out the pilot program
under subsection (a) shall terminate on the date that is five years
after the date of the enactment of this Act.
(d) DEFINITIONS.—In this section:
(1) The term ‘‘historically Black college or university’’
means a part B institution (as defined in section 322 of the
Higher Education Act of 1965 (20 U.S.C. 1061)).

H. R. 7776—86
(2) The term ‘‘other minority-serving institution’’ means
an institution of higher education specified in paragraphs (2)
through (7) of section 371(a) of the Higher Education Act of
1965 (20 U.S.C. 1067q(a)).
SEC. 223. REPORT AND PILOT PROGRAM BASED ON RECOMMENDATIONS REGARDING DEFENSE RESEARCH CAPACITY AT
HISTORICALLY BLACK COLLEGES AND UNIVERSITIES AND
OTHER MINORITY-SERVING INSTITUTIONS.

(a) REPORT REQUIRED.—
(1) IN GENERAL.—Not later than 180 days after the date
of the enactment of this Act, the Secretary of Defense shall
submit to the congressional defense committees a report on
the recommendations set forth in the publication of the National
Academies of Sciences, Engineering, and Medicine titled
‘‘Defense Research Capacity at Historically Black Colleges and
Universities and Other Minority Institutions: Transitioning
from Good Intentions to Measurable Outcomes’’ and dated April
28, 2022.
(2) CONTENTS.—The report required under paragraph (1)
shall include the following:
(A) With respect to the recommendations and subrecommendations set forth in the publication described in
paragraph (1)—
(i) a description of each recommendation and subrecommendation the Secretary has implemented as of
the date of the report;
(ii) a description of each recommendation and subrecommendation the Secretary has commenced implementing as of the date of the report, including a justification for determining to commence implementing
the recommendation; and
(iii) a description of each recommendation and subrecommendation the Secretary has not implemented
or commenced implementing as of the date of the report
and a determination as to whether or not to implement
the recommendation.
(B) For each recommendation or subrecommendation
the Secretary determines to implement under subparagraph (A)(iii)—
(i) a timeline for implementation;
(ii) a description of any additional resources or
authorities required for implementation; and
(iii) the plan for implementation.
(C) For each recommendation or subrecommendation
the Secretary determines not to implement under subparagraph (A)(iii), a justification for the determination not to
implement the recommendation.
(3) FORMAT.—The report required under paragraph (1) shall
be submitted in unclassified form, but may include a classified
annex.
(b) PROGRAM TO IMPLEMENT REPORT RECOMMENDATIONS AND
SUBRECOMMENDATIONS.—
(1) PROGRAM REQUIRED.—The Secretary of Defense shall
establish and carry out a program (referred to in this subsection

H. R. 7776—87
as the ‘‘Program’’) under which the Secretary carries out activities to increase the capacity of eligible institutions to achieve
very high research activity status.
(2) CONSIDERATIONS.—In establishing the Program the Secretary shall consider—
(A) the recommendations and subrecommendations to
be implemented under subsection (a);
(B) the extent of nascent research capabilities and
planned research capabilities at eligible institutions and
the relevance of those capabilities to research areas of
interest to the Department of Defense;
(C) recommendations from previous studies for
increasing the level of research activity at eligible institutions to very high research activity status, including measurable milestones such as growth in very high research
activity status indicators and other relevant factors;
(D) how institutions participating in the Program will
evaluate and assess progress toward achieving very high
research activity status;
(E) how such institutions will sustain an increased
level of research activity after the Program terminates;
and
(F) reporting requirements for institutions participating in the Program.
(3) CONSULTATION.—In designing the Program, the Secretary may consult with the President’s Board of Advisors
on historically Black colleges and universities.
(4) PROGRAM ACTIVITIES.—
(A) ACTIVITIES.—Under the Program, the Secretary
shall carry out activities to build the capacity of eligible
institutions to achieve very high research activity status,
which may include—
(i) activities to support—
(I) faculty professional development;
(II) stipends for undergraduate and graduate
students and post-doctoral scholars;
(III) recruitment and retention of faculty and
graduate students;
(IV) the provision of laboratory equipment and
instrumentation;
(V) communication and dissemination of
research products produced during the Program;
(VI) construction, modernization, rehabilitation, or retrofitting of facilities for research purposes; and
(ii) such other activities as the Secretary determines appropriate.
(B) IDENTIFICATION OF PRIORITY AREAS.—The Secretary
shall establish and update, on an annual basis, a list of
research priorities for STEM and critical technologies
appropriate for the Program to assist eligible institutions
in identifying appropriate areas for research and related
activities.
(5) TERMINATION.—The Program shall terminate 10 years
after the date on which the Secretary commences the Program.
(6) EVALUATION.—Not later than two years after the date
of the enactment of this Act and every two years thereafter

H. R. 7776—88
until the date on which the Program terminates under paragraph (5), the Secretary shall submit to the Committees on
Armed Services of the Senate and the House of Representatives
a report providing an update on the Program, including—
(A) a description of the activities carried out under
the Program;
(B) an analysis of any growth in very high research
activity status indicators of eligible institutions that participated in the Program; and
(C) emerging research areas of interest to the Department of Defense that are being pursued by such institutions.
(7) REPORT TO CONGRESS.—Not later than 180 days after
the date on which the program terminates under paragraph
(5), the Secretary shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a
report on the Program that includes the following:
(A) An analysis of the growth in very high research
activity status indicators of eligible institutions that participated in the Program.
(B) An evaluation on the effectiveness of the Program
in increasing the research capacity of such institutions.
(C) An explanation of how institutions that achieved
very high research activity status plan to sustain that
status after the termination of the Program.
(D) An evaluation of the maintenance of very high
research status by eligible institutions that participated
in the Program.
(E) An evaluation of the effectiveness of the Program
in increasing the diversity of students conducting high
quality research in unique areas.
(F) Recommendations with respect to further activities
and investments necessary to elevate the research status
of historically Black colleges and universities and other
minority-serving institutions.
(G) Recommendations as to whether the Program
should be renewed or expanded.
(c) DEFINITIONS.—In this section:
(1) The term ‘‘eligible institution’’ means a historically
Black college or university or other minority-serving institution
that is classified as a high research activity status institution
at the time of participation in the program under subsection
(b).
(2) The term ‘‘high research activity status’’ means R2
status, as classified by the Carnegie Classification of Institutions of Higher Education.
(3) The term ‘‘historically Black college or university’’ has
the meaning given the term ‘‘part B institution’’ under section
322 of the Higher Education Act of 1965 (20 U.S.C. 1061).
(4) The term ‘‘other minority-serving institution’’ means
an institution of higher education specified in paragraphs (2)
through (7) of section 371(a) of the Higher Education Act of
1965 (20 U.S.C. 1067q(a)).
(5) The term ‘‘Secretary’’ means the Secretary of Defense.
(6) The term ‘‘very high research activity status’’ means
R1 status, as classified by the Carnegie Classification of Institutions of Higher Education.

H. R. 7776—89
(7) The term ‘‘very high research activity status indicators’’
means the categories used by the Carnegie Classification of
Institutions of Higher Education to delineate which institutions
have very high activity status, including—
(A) annual expenditures in science and engineering;
(B) per-capita (faculty member) expenditures in science
and engineering;
(C) annual expenditures in non-science and engineering
fields;
(D) per-capita (faculty member) expenditures in nonscience and engineering fields;
(E) doctorates awarded in science, technology,
engineering, and mathematics fields;
(F) doctorates awarded in social science fields;
(G) doctorates awarded in the humanities;
(H) doctorates awarded in other fields with a research
emphasis;
(I) total number of research staff including postdoctoral
researchers;
(J) other doctorate-holding non-faculty researchers in
science and engineering and per-capita (faculty) number
of doctorate-level research staff including post-doctoral
researchers; and
(K) other categories utilized to determine classification.
SEC. 224. PILOT PROGRAM TO SUPPORT THE DEVELOPMENT OF
PATENTABLE INVENTIONS IN THE DEPARTMENT OF THE
NAVY.

(a) IN GENERAL.—The Secretary of the Navy may carry out
a pilot program to expand the support available to covered personnel
who seek to engage in the development of patentable inventions
that—
(1) have applicablity to the job-related functions of such
personnel; and
(2) may have applicability in the civilian sector.
(b) ACTIVITIES.—As part of the pilot program under subsection
(a), the Secretary of the Navy may—
(1) expand outreach to covered personnel regarding the
availability of patent-related training, legal assistance, and
other support for personnel interested in developing patentable
inventions;
(2) expand the availability of patent-related training to
covered personnel, including by making such training available
online;
(3) clarify and issue guidance detailing how covered personnel, including personnel outside of the laboratories and other
research organizations of the Department of the Navy, may—
(A) seek and receive support for the development of
patentable inventions; and
(B) receive a portion of any royalty or other payment
as an inventor or coinventor such as may be due under
section 14(a)(1)(A)(i) of the Stevension-Wylder Technology
Innovation Act of 1980 (15 U.S.C. 3710c(a)(1)(A)(i)); and
(4) carry out other such activities as the Secretary determines appropriate in accordance with the purposes of the pilot
program.

H. R. 7776—90
(c) TERMINATION.—The authority to carry out the pilot program
under subsection (a) shall terminate three years after the date
of the enactment of this Act.
(d) DEFINITIONS.—In this section:
(1) The term ‘‘covered personnel’’ means members of the
Navy and Marine Corps and civilian employees of the Department of the Navy, including members and employees whose
primary duties do not involve research and development.
(2) The term ‘‘patentable invention’’ means an invention
that is patentable under title 35, United States Code.
SEC. 225. PILOT PROGRAM TO FACILITATE THE DEVELOPMENT OF
BATTERY TECHNOLOGIES FOR WARFIGHTERS.

(a) ESTABLISHMENT.—
(1) IN GENERAL.—The Secretary of Defense may establish
and carry out a pilot program to assess the feasibility and
advisability of providing support to battery producers—
(A) to facilitate the research and development of safe
and secure battery technologies for existing and new or
novel battery chemistry configurations, including through
the research and development of new or updated manufacturing processes and technologies;
(B) to assess commercial battery offerings within the
marketplace for viability and utility for warfighter applications; and
(C) to transition battery technologies, including technologies developed under other pilot programs, prototype
projects, or other research and development programs, from
the prototyping phase to manufacturing production.
(2) DESIGNATION.—The pilot program established under
paragraph (1) shall be known as the ‘‘Warfighter Electric Battery Transition Project’’ (referred to in this section as the
‘‘Project’’).
(3) ADMINISTRATION.—The Under Secretary of Defense for
Research and Engineering shall administer the Project.
(b) GRANTS, CONTRACTS, AND OTHER AGREEMENTS.—The Secretary of Defense may carry out the Project through the award
of support, as described in subsection (a)(1), in the form of grants
to, or contracts or other agreements with, battery producers.
(c) COORDINATION.—The Secretary of Defense shall ensure that
activities under the Project are coordinated with the Strategic
Environmental Research and Development Program under section
2901 of title 10, United States Code.
(d) USE OF GRANT AND CONTRACT AMOUNTS.—A battery producer who receives a grant, contract, or other agreement under
the Project may use the amount of the grant, contract, or other
agreement to carry out one or more of the following activities:
(1) Conducting research and development to validate new
or novel battery chemistry configurations, including through—
(A) experimentation;
(B) prototyping;
(C) testing;
(D) adapting battery technology to integrate with other
technologies and systems; or
(E) addressing manufacturing or other production challenges.

H. R. 7776—91
(2) Providing commercially available battery technologies
to each Secretary of a military department and the commanders
of the combatant commands to support utility assessments
or other testing by warfighters.
(3) Expanding, validating, or assessing battery recycling
capabilities that may provide operational utility to the Department of Defense.
(4) Building and strengthening relationships of the Department of Defense with nontraditional defense contractors in
the technology industry that may have unused or underused
solutions to specific operational challenges of the Department
relating to battery technology.
(e) PRIORITY OF AWARDS.—In awarding grants, contracts, or
other agreements under the Project, the Secretary shall give preference to battery producers that meet one or more of the following
criteria:
(1) The producer manufactures, designs, or develops battery
cells, packs, modules, or other related capabilities in the United
States.
(2) The producer manufactures, designs, or develops battery
cells, packs, modules, or other related capabilities in the
national technology and industrial base (as defined in section
4801 of title 10, United States Code).
(3) The technology made available by the producer provides
modularity to support diverse applications.
(4) The technology made available by the producer facilitates safety in tactical and combat applications by using battery
chemistries and configurations that reduce thermal runaway
and minimize oxygen liberation.
(5) The producer demonstrates new or novel battery chemistry configurations, safety characteristics, or form-factor
configurations.
(6) The producer facilitates the domestic supply chain for
raw materials needed for battery production.
(7) The producer offers battery-related commercial products
or commercial services.
(f) PLANNING, REPORTING AND DATA COLLECTION.—
(1) PLAN REQUIRED BEFORE IMPLEMENTATION.—
(A) IN GENERAL.—The Secretary of Defense may not
commence the Project until the Secretary has completed
a plan for the implementation of the Project.
(B) ELEMENTS.—The plan under subparagraph (A)
shall provide for—
(i) collecting, analyzing, and retaining Project data;
(ii) developing and sharing best practices for
achieving the objectives of the Project;
(iii) identification of any policy or regulatory
impediments inhibiting the execution of the Project;
and
(iv) sharing results from the Project across the
Department of Defense and with other departments
and agencies of the Federal Government and Congress.
(C) SUBMITTAL TO CONGRESS.—Not later than 180 days
after the date of the enactment of this Act, the Secretary
of Defense shall submit to the congressional defense
committees the implementation plan developed under
subparagraph (A).

H. R. 7776—92
(2) FINAL REPORT.—Not later than one year after the date
on which the Project terminates under subsection (g), the Secretary of Defense shall submit to the congressional defense
committees a final report on the results of the Project. Such
report shall include—
(A) a summary of the objectives achieved by the Project;
and
(B) recommendations regarding the steps that may
be taken to promote battery technologies that are not
dependent on foreign competitors to meet the needs of
the Armed Forces.
(g) TERMINATION.—The authority to carry out the Project shall
terminate on December 31, 2028.

Subtitle C—Plans, Reports, and Other
Matters
SEC. 231. MODIFICATION TO ANNUAL REPORTS OF THE DIRECTOR
OF OPERATIONAL TEST AND EVALUATION.

Section 139(h)(3) of title 10, United States Code, is amended—
(1) by inserting ‘‘or controlled unclassified’’ after ‘‘classified’’; and
(2) by striking ‘‘submit an unclassified version of the report
to Congress’’ and inserting ‘‘submit to Congress a version of
the report that is unclassified and does not require safeguarding
or dissemination controls’’.
SEC. 232. EXTENSION OF REQUIREMENT FOR QUARTERLY BRIEFINGS
ON STRATEGY FOR FIFTH GENERATION INFORMATION
AND COMMUNICATIONS TECHNOLOGIES.

Section 254(d)(1) of the National Defense Authorization Act
for Fiscal Year 2020 (Public Law 116–92; 10 U.S.C. 4571 note)
is amended, in the matter preceding subparagraph (A), by striking
‘‘March 15, 2022’’ and inserting ‘‘December 1, 2026’’.
SEC. 233. PLAN FOR INVESTMENTS TO SUPPORT THE DEVELOPMENT
OF NOVEL PROCESSING APPROACHES FOR DEFENSE
APPLICATIONS.

(a) INVESTMENT PLANS REQUIRED.—Not later than November
1, 2023, and not less frequently than once every three years thereafter until December 31, 2035, the Secretary of Defense shall submit
to the congressional defense committees a plan for making investments to support the development of novel processing approaches
for defense applications.
(b) ELEMENTS.—Each investment plan required by subsection
(a) shall—
(1) identify any investments the Secretary has made, and
any future investments the Secretary intends to make, in
research and technology development to support the use and
fielding of novel processing approaches for defense applications;
(2) identify any investments the Secretary has made, and
any future investments the Secretary intends to make, to accelerate the development of novel processing approaches for
defense applications, including investments in—
(A) personnel and workforce capabilities;

H. R. 7776—93
(B) facilities and infrastructure to host systems utilizing novel processing approaches;
(C) algorithm developments necessary to expand the
functionality of each novel processing approach;
(D) other Federal agencies and federally funded laboratories; and
(E) appropriate international and commercial sector
organizations and activities;
(3) describe mechanisms to coordinate and leverage investments in novel processing approaches within the Department
and with non-Federal partners;
(4) describe the technical goals to be achieved and capabilities to be developed under the plan; and
(5) include recommendations for such legislative or
administration actions as may support the effective execution
of the investment plan.
(c) FORM.—Each plan submitted under subsection (a) shall be
submitted in such form as the Secretary considers appropriate,
which may include classified, unclassified, and publicly releasable
formats.
(d) NOVEL PROCESSING APPROACHES DEFINED.—In this section,
the term ‘‘novel processing approaches’’ means—
(1) emerging techniques in computation, such as biocomputing, exascale computing, utility scale quantum computing;
and
(2) associated algorithm and hardware development needed
to implement such techniques.
SEC. 234. PLANS TO ACCELERATE THE TRANSITION TO 5G INFORMATION AND COMMUNICATIONS TECHNOLOGY WITHIN THE
MILITARY DEPARTMENTS.

(a) THREE-YEAR TRANSITION PLAN REQUIRED.—
(1) IN GENERAL.—Not later than 120 days after the date
of the enactment of this Act, each Assistant Secretary concerned
shall develop and submit to the congressional defense committees a plan that specifies—
(A) the extent to which fifth generation information
and communications technology (5G) infrastructure is
expected to be implemented in the military department
of the Assistant Secretary by the end of the three-year
period following the date of the enactment of this Act;
and
(B) how the implementation of such technology is
expected to be achieved during such period.
(2) ELEMENTS.—Each plan required under paragraph (1)
shall include—
(A) an operational needs assessment that identifies
the highest priority areas in which the Assistant Secretary
intends to implement fifth generation information and
communications technologies during the three-year period
described in paragraph (1);
(B) an explanation of—
(i) whether and to what extent the Assistant Secretary intends to use an open radio access network
approach in implementing fifth generation information
and communications technologies in the areas identified under subparagraph (A); and

H. R. 7776—94
(ii) if the Assistant Secretary does not intend to
use such an open radio access network approach, an
explanation of the reasons for such determination;
(C) an investment plan that includes funding estimates, by fiscal year and appropriation account, to accelerate—
(i) the maturation and acquisition of fifth generation information and communications capabilities that
use the open radio access network approach; and
(ii) the deployment of such capabilities in the facilities and systems of the military department concerned;
(D) metrics and reporting mechanisms to ensure
progress in achieving the objectives of the plan within
the three-year period described in paragraph (1);
(E) identification and designation of a single point
of contact at each military installation and within each
armed force under the jurisdiction of the military department concerned to facilitate the deployment of fifth generation information and communications technologies;
(F) actions the Assistant Secretary intends to carry
out to streamline the process for establishing fifth generation wireless coverage at military installations, including
actions to reduce delays caused by policies and processes
relating to contracting, communications, and the use of
real property;
(G) identification of investments that are required to
support the transition to fifth generation information and
communications technology that uses an open radio access
network approach; and
(H) such other matters as the Assistant Secretary considers appropriate.
(3) COORDINATION.—In developing the plans required under
paragraph (1), each Assistant Secretary concerned shall coordinate with—
(A) the Chief Information Officer of the Department
of Defense;
(B) and the Under Secretary of Defense for Acquisition
and Sustainment; and
(C) the Under Secretary of Defense for Research and
Engineering.
(4) FORM OF PLAN.—Each plan required under paragraph
(1) shall be submitted in unclassified form.
(b) CROSS-FUNCTIONAL TEAM ASSESSMENT.—
(1) ASSESSMENT AND BRIEFING REQUIRED.—After all of the
plans required by subsection (a)(1) have been submitted in
accordance with such subsection and not later than 150 days
after the date of the enactment of this Act, the cross-functional
team established pursuant to section 224(c)(1) of the William
M. (Mac) Thornberry National Defense Authorization Act for
Fiscal Year 2021 (Public Law 116–283; 10 U.S.C. 4571 note)
shall assess such plans and provide to the congressional defense
committees a briefing on the findings of the team with respect
to such assessment.
(2) ELEMENTS.—The briefing provided under paragraph (1)
shall include the following:
(A) Recommendations to further accelerate the deployment of fifth-generation information and communications

H. R. 7776—95
technologies that use the open radio access network
approach across the Department of Defense.
(B) Recommendations to standardize and streamline
the process for establishing fifth generation wireless coverage at military installations, including recommendations
for reducing delays caused by policies and processes
relating to contracting, communications, and the use of
real property.
(C) A plan for the inclusion of representatives of the
Department of Defense in international wireless standardssetting bodies.
(D) Such other matters as the cross-functional team
described in paragraph (1) considers appropriate.
(c) DEFINITIONS.—In this section:
(1) The term ‘‘Assistant Secretary concerned’’ means—
(A) the Assistant Secretary of the Army for Acquisition,
Logistics, and Technology, with respect to matters concerning the Department of the Army;
(B) the Assistant Secretary of the Navy for Research,
Development, and Acquisition, with respect to matters concerning the Department of the Navy; and
(C) the Assistant Secretary of the Air Force for Acquisition, Technology, and Logistics, with respect to matters
concerning the Department of the Air Force.
(2) The term ‘‘open radio access network approach’’ means
an approach to networking, such as the Open Radio Access
Network (commonly known as ‘‘Open RAN’’), that uses open
protocols and interfaces within a network so that components
provided by different vendors can be interoperable.
SEC. 235. PLAN FOR DEFENSE ADVANCED RESEARCH PROJECTS
AGENCY INNOVATION FELLOWSHIP PROGRAM.

(a) IN GENERAL.—The Director of the Defense Advanced
Research Projects Agency shall develop a plan for the establishment
of a fellowship program (to be known as the ‘‘Innovation Fellowship
Program’’) to expand opportunities for early career scientists to
participate in the programs, projects, and other activities of the
Agency.
(b) ELEMENTS.—In developing the plan under subsection (a),
the Director of the Defense Advanced Research Projects Agency
shall—
(1) review the types of programs, projects, and other activities of the Agency that may be open to participation from
early career scientists to identify opportunities for the expansion of such participation;
(2) identify criteria for evaluating applicants to the fellowship program described in subsection (a);
(3) establish detailed plans for the implementation of the
fellowship program;
(4) conduct an assessment of the potential costs of the
fellowship program;
(5) define eligibility requirements for participants in the
fellowship program; and
(6) address such other matters as the Director determines
appropriate.
(c) SUBMITTAL TO CONGRESS.—Not later than 180 days after
the date of the enactment of this Act, the Director of the Defense

H. R. 7776—96
Advanced Research Projects Agency shall submit to the congressional defense committee a report that includes—
(1) the plan developed under subsection (a); and
(2) recommendations for expanding opportunities for early
career scientists to participate in the programs, projects, and
other activities of the Agency.
(d) EARLY CAREER SCIENTIST DEFINED.—The term ‘‘early career
scientist’’ means a scientist who is in an early stage of career
development according to criteria determined by the Director of
the Defense Advanced Research Projects Agency for purposes of
this section.
SEC. 236. STRATEGY AND PLAN FOR FOSTERING AND STRENGTHENING
THE DEFENSE INNOVATION ECOSYSTEM.

(a) STRATEGY AND IMPLEMENTATION PLAN REQUIRED.—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 Research and Engineering, shall develop—
(1) a strategy fostering and strengthening the defense
innovation ecosystem; and
(2) a plan for implementing such strategy.
(b) PURPOSES.—
(1) STRATEGY.—The purpose of the strategy required by
subsection (a)(1) is to provide a framework for identifying,
assessing, and tracking innovation ecosystems that are beneficial to advancing the defense, national security, and
warfighting missions of the Department of Defense.
(2) IMPLEMENTATION PLAN.—The purpose of the
implementation plan required by subsection (a)(2) is to provide—
(A) concrete steps and measures of effectiveness to
gauge the effect of the innovation ecosystems described
in paragraph (1) on the Department; and
(B) a means for assessing the effectiveness of the
strategy developed under subsection (a)(1), including the
approaches taken by the Department to grow, foster, and
sustain such innovation ecosystems.
(c) ELEMENTS.—The strategy and the implementation plan
required by subsection (a) shall include the following elements:
(1) A process for defining, assessing, and selecting innovation ecosystems with potential to provide benefit to the Department of Defense.
(2) Metrics for measuring the performance and health of
innovation ecosystems being supported by the Department,
including identification of criteria to determine when to support
or cease supporting identified ecosystems.
(3) Identification of the authorities and Department of
Defense research, development, test, and evaluation assets that
can be used to identify, establish, sustain, and expand innovation ecosystems.
(4) For each innovation ecosystem supported by the Department—
(A) a description of the core competencies or focus
areas of the ecosystem;
(B) identification of any organizations or elements of
the Department that engage with the ecosystem;

H. R. 7776—97
(C) identification of the private sector assets that are
being used to support, sustain, and expand the identified
innovation ecosystem; and
(D) a description of any challenges and successes associated with such ecosystem.
(5) Such other elements as the Secretary considers appropriate.
(d) INTERIM BRIEFING.—Not later than 90 days after the date
of the enactment of this Act, the Secretary of Defense shall provide
to the congressional defense committees a briefing on the strategy
and implementation plan developed under subsection (a).
(e) SUBMITTAL OF STRATEGY AND PLAN.—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
the strategy and implementation plan developed under subsection
(a).
(f) QUADRENNIAL UPDATES.—Not later than March 1, 2027,
and not less frequently than once ever four years thereafter until
December 31, 2039, the Secretary shall—
(1) update the strategy and plan developed under subsection (a); and
(2) submit the updated strategy and plan to the congressional defense committees.
(g) DEFINITIONS.—In this section:
(1) The term ‘‘Department of Defense research, development, test, and evaluation assets’’ includes the following:
(A) The Department of Defense science and technology
reinvention laboratories designated under section 4121 of
title 10, United States Code.
(B) The Major Range and Test Facility Base (as defined
in section 4173(i) of such title).
(C) Department of Defense sponsored manufacturing
innovation institutes.
(D) The organic industrial base.
(E) Defense Agencies and Department of Defense Field
Activities (as defined in section 101(a) of title 10, United
States Code) that carry out activities using funds appropriated for research, development, test, and evaluation.
(F) Any other organization or element of the Department of Defense that carries out activities using funds
appropriated for research, development, test, and evaluation.
(2) The term ‘‘innovation ecosystem’’ refers to a regionally
based network of private sector, academic, and government
institutions in a network of formal and informal institutional
relationships that contribute to technological and economic
development in a defined technology sector or sectors.
SEC. 237. ASSESSMENT AND STRATEGY RELATING TO HYPERSONIC
TESTING CAPACITY OF THE DEPARTMENT OF DEFENSE.

(a) ASSESSMENT.—The Secretary of Defense shall assess the
capacity of the Department of Defense to test, evaluate, and qualify
the hypersonic capabilities and related technologies of the Department.
(b) ELEMENTS.—The assessment under subsection (a) shall
include the following:

H. R. 7776—98
(1) An assumption, for purposes of evaluating the capacity
described in subsection (a), that the Department of Defense
will conduct at least one full-scale, operationally relevant, livefire, hypersonic weapon test of each hypersonic weapon system
that is under development each year by each of the Air Force,
the Army, and the Navy, once such system reaches initial
operational capability.
(2) An identification of test facilities outside the Department of Defense that have potential to be used to expand
the capacity described in subsection (a), including test facilities
of other departments and agencies of the Federal Government,
academia, and commercial test facilities.
(3) An analysis of the capability of each test facility identified under paragraph (2) to simulate various individual and
coupled hypersonic conditions to accurately simulate a realistic
flight-like environment with all relevant aero-thermochemical
conditions.
(4) An identification of the coordination, scheduling,
reimbursement processes, and requirements needed for the
potential use of test facilities of other departments and agencies
of the Federal Government, as available.
(5) An analysis of the test frequency, scheduling lead time,
test cost, and capacity of each test facility identified under
paragraph (2).
(6) A review of test facilities identified under paragraph
(2) that could enhance efforts to test flight vehicles of the
Department in all phases of hypersonic flight, and other technologies, including sensors, communications, thermal protective
shields and materials, optical windows, navigation, and environmental sensors.
(7) An assessment of any cost savings and time savings
that could result from using technologies identified in the
strategy under subsection (c).
(c) STRATEGY.—
(1) REQUIREMENT.—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 strategy
to coordinate the potential use of test facilities and ranges
identified under subsection (b)(2) to evaluate hypersonic technologies.
(2) ELEMENTS.—The strategy under paragraph (1) shall—
(A) be based on the assessment under subsection (a);
(B) address how the Secretary will coordinate with
other departments and agencies of the Federal Government, including the National Aeronautics and Space
Administration, to plan for and schedule the potential use
of other Federal Government-owned test facilities and
ranges, as available, to evaluate the hypersonic technologies of the Department of Defense;
(C) to the extent practicable, address in what cases
the Secretary can use test facilities identified under subsection (b)(2) to fill any existing testing requirement gaps
to enhance and accelerate flight qualification of critical
hypersonic technologies of the Department;
(D) identify—
(i) the resources needed to improve the frequency
and capacity for testing hypersonic technologies of the

H. R. 7776—99
Department at ground-based test facilities and flight
test ranges, including estimated costs for conducting
at least one full-scale, operationally relevant, live-fire,
hypersonic weapon test of each hypersonic weapon
system that is under development each year by each
of the Air Force, the Army, and the Navy, once such
system reaches initial operational capability;
(ii) the resources needed to reimburse other departments and agencies of the Federal Government for
the use of the test facilities and ranges of those departments or agencies to test the hypersonics technologies
of the Department;
(iii) the requirements, approval processes, and
resources needed to enhance, as appropriate, the
testing capabilities and capacity of other Federal
Government-owned test facilities and flight ranges, in
coordination with the heads of the relevant departments and agencies;
(iv) investments that the Secretary can make to
incorporate test facilities identified under subsection
(b)(2) into the overall hypersonic test infrastructure
of the Department of Defense; and
(v) the environmental conditions, testing sizes, and
duration required for flight qualification of both
hypersonic cruise and hypersonic boost-glide technologies of the Department; and
(E) address all advanced or emerging technologies that
could shorten timelines and reduce costs for hypersonic
missile testing, including with respect to—
(i) 3D printing of hypersonic test missile components including the frame, warhead, and propulsion
systems;
(ii) reusable hypersonic test beds, including airlaunched, sea-launched, and ground-launched options;
(iii) additive manufacturing solutions;
(iv) the potential use of airborne platforms other
than the B–52 aircraft to improve flight schedules for
such testing; and
(v) other relevant technologies.
(3) COORDINATION.—The Secretary of Defense shall develop
the strategy under paragraph (1) in coordination with the Program Director of the Joint Hypersonics Transition Office, the
Administrator of the National Aeronautics and Space Administration, the research laboratories of the military departments,
and the Department of Defense Test Resource Management
Center.
(d) REPORT ON ESTIMATED COSTS OF CONDUCTING A MINIMUM
FREQUENCY OF HYPERSONIC WEAPONS TESTING.—Not later than
180 days after the date of the enactment of this Act, the Secretary
of Defense shall submit to the appropriate congressional committees
a report that includes an estimate of the costs of conducting at
least one full-scale, operationally relevant, live-fire, hypersonic
weapon test of each hypersonic weapon system that is under
development each year by each of the Air Force, the Army, and
the Navy, once such system reaches initial operational capability.
(e) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—The
term ‘‘appropriate congressional committees’’ means the following:

H. R. 7776—100
(1) The congressional defense committees.
(2) The Committee on Science, Space, and Technology of
the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate.
SEC. 238. ANNUAL REPORT ON STUDIES AND REPORTS OF FEDERALLY
FUNDED RESEARCH AND DEVELOPMENT CENTERS.

(a) ANNUAL REPORT REQUIRED.—On an annual basis, the Secretary of Defense shall submit to the Committees on Armed Services
of the Senate and the House of Representatives a report that
identifies and provides information about the studies and reports
undertaken for the Department of Defense by federally funded
research and development centers.
(b) ELEMENTS.—Each report submitted under subsection (a)
shall set forth the following:
(1) A list identifying each study and report undertaken
by a federally funded research center for the Department of
Defense—
(A) that has been completed during the period covered
by the report under subsection (a); or
(B) that is in progress as of the date of the report
under subsection (a).
(2) For each study and report listed under paragraph (1),
the following:
(A) The title of the study or report.
(B) The federally funded research and development
center undertaking the study or report.
(C) The amount of funding provided to the federally
funded research and development center under the contract
or other agreement pursuant to which the study or report
is being produced or conducted.
(D) The completion date or anticipated completion date
of the study or report.
(c) EXCEPTIONS.—The report required by subsection (a) shall
not apply to the following:
(1) Classified reports or studies.
(2) Technical reports associated with scientific research
or technical development activities.
(3) Any report or study undertaken pursuant to a contract
or other agreement between a federally funded research and
development center and an entity outside the Department of
Defense.
(4) Reports or studies that are in draft form or that have
not undergone a peer-review or prepublication security review
process established by the federally funded research and
development center concerned.
(d) SPECIAL RULE.—Each report under subsection (a) shall be
generated using the products and processes generated pursuant
to section 908 of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116–283; 10
U.S.C. 111 note).
(e) TERMINATION.—The requirement to submit annual reports
under subsection (a) shall terminate on the date that is three
years after the date of the enactment of this Act.

H. R. 7776—101
SEC. 239. REPORT ON RECOMMENDATIONS FROM ARMY FUTURES
COMMAND RESEARCH PROGRAM REALIGNMENT STUDY.

(a) REPORT REQUIRED.—Not later than 180 days after the date
of the enactment of this Act, the Secretary of the Army shall
submit to the congressional defense committees a report on the
recommendations set forth in the publication of the National Academies of Sciences, Engineering, and Medicine titled ‘‘Consensus
Study Report: U.S. Army Futures Command Research Program
Realignment’’ and dated April 23, 2022.
(b) CONTENTS.—The report submitted under subsection (a) shall
include the following:
(1) A description of each recommendation described in such
subsection that has already been implemented.
(2) A description of each recommendation described in such
subsection that the Secretary has commenced implementing,
including a justification for determining to commence implementing the recommendation.
(3) A description of each recommendation described in such
subsection that the Secretary has not implemented or commenced implementing and a determination as to whether or
not to implement the recommendation.
(4) For each recommendation under paragraph (3) the Secretary determines to implement, the following:
(A) A timeline for implementation.
(B) A description of any additional resources or authorities required for implementation.
(C) The plan for implementation.
(5) For each recommendation under paragraph (3) the Secretary determines not to implement, a justification for the
determination not to implement.
(c) FORMAT.—The report required by subsection (a) shall be
submitted in unclassified form, but may include a classified annex.
SEC. 240. REPORT ON POTENTIAL FOR INCREASED UTILIZATION OF
THE ELECTRONIC PROVING GROUNDS TESTING RANGE.

(a) REPORT REQUIRED.—Not later than 180 days after the date
of the enactment of this Act, the Secretary of Defense, acting
through the Chair of the Electronic Warfare Executive Committee
of the Department of Defense, shall submit to the congressional
defense committees a report on the Electronic Proving Grounds
testing range located at Fort Huachuca, Arizona.
(b) ELEMENTS.—The report under subsection (a) shall address—
(1) the amount and types of testing activities conducted
at the Electronic Proving Grounds testing range;
(2) any shortfalls in the facilities and equipment of the
range;
(3) the capacity of the range to be used for additional
testing activities;
(4) the possibility of using the range for the testing activities of other Armed Forces, Federal agencies, and private-sector
entities in the United States;
(5) the capacity of the range to be used for realistic electronic warfare training;
(6) electronic warfare training shortfalls at domestic military installations generally; and
(7) the feasibility and advisability of providing a dedicated
training area for electronic warfare capabilities.

H. R. 7776—102
(c) CONSULTATION.—In preparing the report under subsection
(a), the Chair of the Electronic Warfare Executive Committee shall
consult with the following:
(1) The Under Secretary of Defense for Research and
Engineering.
(2) The Chief Information Officer of the Department of
Defense.
(3) The Director of Operational Test and Evaluation of
the Department of Defense.
(4) The Commander of the United States Strategic Command.
(5) The Secretary of the Army.
(6) The Electromagnetic Spectrum Operations Cross-Functional Team established pursuant to section 911(c) of the
National Defense Authorization Act for Fiscal Year 2017 (Public
Law 114–328; 10 U.S.C. 111 note).
(7) The governments of Cochise County and Sierra Vista,
Arizona.
SEC. 241. STUDY ON COSTS ASSOCIATED WITH UNDERPERFORMING
SOFTWARE AND INFORMATION TECHNOLOGY.

(a) STUDY REQUIRED.—The Secretary of Defense shall seek
to enter into a contract or other agreement with an eligible entity
to conduct an independent study on the challenges associated with
the use of software and information technology in the Department
of Defense, the effects of such challenges, and potential solutions
to such challenges.
(b) ELEMENTS.—The independent study conducted under subsection (a) shall include the following:
(1) A survey of members of each Armed Force under the
jurisdiction of a Secretary of a military department to identify
the most important software and information technology challenges that result in lost working hours, including—
(A) an estimate of the number of working hours lost
due to each challenge and the cost of such lost working
hours;
(B) the effects of each challenge on servicemember
and employee retention; and
(C) any negative effects of each challenge on a mission
of the Armed Force or military department concerned.
(2) A summary of the policy or technical challenges that
limit the ability of each Secretary of a military department
to implement needed software and information technology
reforms, which shall be determined based on interviews conducted with individuals who serve as a chief information officer
(or an equivalent position) in a military department.
(3) Development of a framework for assessing underperforming software and information technology, with an emphasis
on foundational information technology to standardize the
measurement and comparison of programs across the Department of Defense and its component organizations. Such a framework shall enable the assessment of underperforming software
and information technology based on—
(A) designs, interfaces, and functionality which
prioritize user experience and efficacy;
(B) costs due to lost productivity;
(C) reliability and sustainability;

H. R. 7776—103
(D) comparisons between—
(i) outdated or outmoded information technologies,
software, and applications; and
(ii) modern information technologies, software, and
applications;
(E) overhead costs for software and information technology in the Department compared to the overhead costs
for comparable software and information technology in the
private sector;
(F) comparison of the amounts the Department planned
to expend on software and information technology services
versus the amounts actually spent for such software and
services;
(G) the mean amount of time it takes to resolve technical problems reported by users;
(H) the average rate, expressed in time, for remediating
or patching weaknesses or flaws in information technologies, software, and applications;
(I) workforce training time; and
(J) customer satisfaction.
(4) The development of recommendations—
(A) to address the challenges identified under paragraph (1); and
(B) to improve the processes through which the Secretary provides software and information technology
throughout the Department, including through—
(i) business processes reengineering;
(ii) improvement of procurement or sustainment
processes;
(iii) remediation of hardware and software technology gaps; and
(iv) the development of more detailed and effective
cost estimates.
(c) REPORT REQUIRED.—Not later than one year after the date
of the enactment of this Act, the eligible entity that conducts
the study under subsection (a) shall submit to the Secretary of
Defense and the congressional defense committees a report on the
results of such study.
(d) DEFINITIONS.—In this section:
(1) The term ‘‘eligible entity’’ means an independent entity
not under the direction or control of the Secretary of Defense,
which may include a department or agency of the Federal
Government outside the Department of Defense.
(2) The term ‘‘software and information technology’’ does
not include embedded software and information technology used
for weapon systems.
SEC. 242. STUDY AND REPORT ON SUFFICIENCY OF OPERATIONAL
TEST AND EVALUATION RESOURCES SUPPORTING CERTAIN MAJOR DEFENSE ACQUISITION PROGRAMS.

(a) STUDY.—The Director of Operational Test and Evaluation
of the Department of Defense shall conduct a study of at least
one major defense acquisition program within each covered Armed
Force to determine the sufficiency of the operational test and evaluation resources supporting such program.

H. R. 7776—104
(b) ELEMENTS.—The study under subsection (a) shall include,
with respect to each major defense acquisition program evaluated
as part of the study, the following:
(1) Identification and assessment of the operational test
and evaluation resources supporting the program—
(A) as of the date of the study;
(B) during the five-year period preceding the date of
the study; and
(C) over the period covered by the most recent futureyears defense program submitted to Congress under section
221 of title 10, United States Code.
(2) For any operational test and evaluation resources determined to be insufficient to meet the needs of the program,
an evaluation of the amount of additional funding and any
other support that may be required to ensure the sufficiency
of such resources.
(3) The amount of Government-funded, contractor-provided
operational test and evaluation resources—
(A) provided for the program as of the date of the
study; and
(B) that are planned to be provided for the program
after such date.
(4) Such other matters as the Director of Operational Test
and Evaluation determines to be relevant to the study.
(c) REPORT.—Not later than one year after the date of the
enactment of this Act, the Director of Operational Test and Evaluation shall submit to the congressional defense committees a report
on the results of the study conducted under subsection (a).
(d) DEFINITIONS.—In this section:
(1) The term ‘‘covered Armed Force’’ means the Army,
the Navy, the Marine Corps, the Air Force, and the Space
Force.
(2) The term ‘‘major defense acquisition program’’ has the
meaning given that term in section 4201 of title 10, United
States Code.
(3) The term ‘‘operational test and evaluation resources’’
means the facilities, specialized test assets, schedule, workforce,
and any other resources supporting operational test and evaluation activities under a major defense acquisition program.

TITLE III—OPERATION AND
MAINTENANCE
Subtitle A—Authorization of Appropriations
Sec. 301. Authorization of appropriations.
Subtitle B—Energy and Environment
Sec. 311. Center for Excellence in Environmental Security.
Sec. 312. Participation in pollutant banks and water quality trading.
Sec. 313. Consideration under Defense Environmental Restoration Program for
State-owned facilities of the National Guard with proven exposure of
hazardous substances and waste.
Sec. 314. Renewal of annual environmental and energy reports of Department of
Defense.
Sec. 315. Aggregation of energy conservation measures and funding.
Sec. 316. Additional special considerations for energy performance goals and energy
performance master plan.
Sec. 317. Purchase or lease of electric, zero emission, advanced-biofuel-powered, or
hydrogen-powered vehicles for the Department of Defense.

H. R. 7776—105
Sec. 318. Clarification and requirement for Department of Defense relating to renewable biomass and biogas.
Sec. 319. Programs of military departments on reduction of fuel reliance and promotion of energy-aware behaviors.
Sec. 320. Establishment of joint working group to determine joint requirements for
future operational energy needs of Department of Defense.
Sec. 321. Amendment to budgeting of Department of Defense relating to extreme
weather.
Sec. 322. Prototype and demonstration projects for energy resilience at certain military installations.
Sec. 323. Pilot program for development of electric vehicle charging solutions to
mitigate grid stress.
Sec. 324. Pilot program on use of sustainable aviation fuel.
Sec. 325. Policy to increase disposition of spent advanced batteries through recycling.
Sec. 326. Guidance and target goal relating to formerly used defense sites programs.
Sec. 327. Analysis and plan for addressing heat island effect on military installations.
Sec. 328. Limitation on replacement of non-tactical vehicle fleet of Department of
Defense with electric vehicles, advanced-biofuel-powered vehicles, or hydrogen-powered vehicles.
Subtitle C—Red Hill Bulk Fuel Storage Facility
Sec. 331. Defueling of Red Hill Bulk Fuel Storage Facility.
Sec. 332. Authorization of closure of underground storage tank system at Red Hill
Bulk Fuel Storage Facility.
Sec. 333. Report on bulk fuel requirements applicable to United States Indo-Pacific
Command.
Sec. 334. Placement of sentinel or monitoring wells in proximity to Red Hill Bulk
Fuel Storage Facility.
Sec. 335. Studies relating to water needs of the Armed Forces on Oahu.
Sec. 336. Study on alternative uses for Red Hill Bulk Fuel Storage Facility.
Sec. 337. Briefing on Department of Defense efforts to track health implications of
fuel leaks at Red Hill Bulk Fuel Storage Facility.
Subtitle D—Treatment of Perfluoroalkyl Substances and Polyfluoroalkyl Substances
Sec. 341. Department of Defense research relating to perfluoroalkyl or
polyfluoroalkyl substances.
Sec. 342. 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. 343. Prizes for development of non-PFAS-containing turnout gear.
Sec. 344. Modification of limitation on disclosure of results of testing for
perfluoroalkyl or polyfluoroalkyl substances on private property.
Sec. 345. Restriction on procurement or purchasing by Department of Defense of
turnout gear for firefighters containing perfluoroalkyl substances or
polyfluoroalkyl substances.
Sec. 346. Annual report on PFAS contamination at certain military installations
from sources other than aqueous film-forming foam.
Sec. 347. Report on critical PFAS uses; briefings on Department of Defense procurement of certain items containing PFOS or PFOA.
Subtitle E—Logistics and Sustainment
Sec. 351. Resources required for achieving materiel readiness metrics and objectives for major defense acquisition programs.
Sec. 352. Annual plan for maintenance and modernization of naval vessels.
Sec. 353. Inclusion of information regarding joint medical estimates in readiness
reports.
Sec. 354. Inapplicability of advance billing dollar limitation for relief efforts following major disasters or emergencies.
Sec. 355. Repeal of Comptroller General review on time limitations on duration of
public-private competitions.
Sec. 356. Implementation of Comptroller General recommendations regarding Shipyard Infrastructure Optimization Plan of the Navy.
Sec. 357. Limitation on availability of funds for military information support operations.
Sec. 358. Notification of modification to policy regarding retention rates for Navy
ship repair contracts.
Sec. 359. Research and analysis on capacity of private shipyards in United States
and effect of those shipyards on Naval fleet readiness.

H. R. 7776—106
Sec. 360. Independent study relating to fuel distribution logistics across United
States Indo-Pacific Command.
Sec. 361. Quarterly briefings on expenditures for establishment of fuel distribution
points in United States Indo-Pacific Command area of responsibility.
Subtitle F—Matters Relating to Depots and Ammunition Production Facilities
Sec. 371. Budgeting for depot and ammunition production facility maintenance and
repair: annual report.
Sec. 372. Extension of authorization of depot working capital funds for unspecified
minor military construction.
Sec. 373. Five-year plans for improvements to depot and ammunition production facility infrastructure.
Sec. 374. Modification to minimum capital investment for certain depots.
Sec. 375. Continuation of requirement for biennial report on core depot-level maintenance and repair.
Sec. 376. Continuation of requirement for annual report on funds expended for performance of depot-level maintenance and repair workloads.
Sec. 377. Clarification of calculation for certain workload carryover of Department
of the Army.
Subtitle G—Other Matters
Sec. 381. Annual reports by Deputy Secretary of Defense on activities of Joint Safety Council.
Sec. 382. Accountability for Department of Defense contractors using military
working dogs.
Sec. 383. Membership of Coast Guard on Joint Safety Council.
Sec. 384. Inclusion in report on unfunded priorities National Guard responsibilities
in connection with natural and man-made disasters.
Sec. 385. Support for training of National Guard personnel on wildfire prevention
and response.
Sec. 386. Interagency collaboration and extension of pilot program on military
working dogs and explosives detection.
Sec. 387. Amendment to the Sikes Act.
Sec. 388. National standards for Federal fire protection at military installations.
Sec. 389. Pilot programs for tactical vehicle safety data collection.
Sec. 390. Requirements relating to reduction of out-of-pocket costs of members of
the Armed Forces for uniform items.
Sec. 391. Implementation of recommendations relating to animal facility sanitation
and plan for housing and care of horses.
Sec. 392. Continued designation of Secretary of the Navy as executive agent for
Naval Small Craft Instruction and Technical Training School.
Sec. 393. Prohibition on use of funds for retirement of legacy maritime mine countermeasures platforms.

Subtitle A—Authorization of
Appropriations
SEC. 301. AUTHORIZATION OF APPROPRIATIONS.

Funds are hereby authorized to be appropriated for fiscal year
2023 for the use of the Armed Forces and other activities and
agencies of the Department of Defense for expenses, not otherwise
provided for, for operation and maintenance, as specified in the
funding table in section 4301.

Subtitle B—Energy and Environment
SEC. 311. CENTER FOR EXCELLENCE IN ENVIRONMENTAL SECURITY.

Chapter 7 of title 10, United States Code, is amended by
inserting after section 182 the following new section (and conforming the table of sections at the beginning of such chapter
accordingly):

H. R. 7776—107
‘‘§ 182a. Center for Excellence in Environmental Security
‘‘(a) ESTABLISHMENT.—The Secretary of Defense may operate
a Center for Excellence in Environmental Security (in this section
referred to as the ‘Center’).
‘‘(b) MISSIONS.—(1) The Center shall be used to provide and
facilitate education, training, and research in civil-military operations, particularly operations that require international assistance
and operations that require coordination between the Department
of Defense and other Federal agencies.
‘‘(2) The Center shall be used to provide and facilitate education,
training, interagency coordination, and research on the following
additional matters:
‘‘(A) Management of the consequences of environmental
insecurity with respect to—
‘‘(i) access to water, food, and energy;
‘‘(ii) related health matters; and
‘‘(iii) matters relating to when, how, and why environmental stresses to human safety, health, water, energy,
and food will cascade to economic, social, political, or
national security events.
‘‘(B) Appropriate roles for the reserve components in
response to environmental insecurity resulting from natural
disasters.
‘‘(C) Meeting requirements for information in connection
with regional and global disasters, including through the use
of advanced communications technology as a virtual library.
‘‘(3) The Center shall perform such other missions as the Secretary of Defense may specify.
‘‘(4) To assist the Center in carrying out the missions under
this subsection, upon request of the Center, the head of any Federal
agency may grant to the Center access to the data, archives, and
other physical resources (including facilities) of that agency, and
may detail any personnel of that agency to the Center, for the
purpose of enabling the development of global environmental indicators.
‘‘(c) JOINT OPERATION WITH EDUCATIONAL INSTITUTION AUTHORIZED.—The Secretary of Defense may enter into an agreement with
appropriate officials of an institution of higher education to provide
for the operation of the Center. Any such agreement shall provide
for the institution to furnish necessary administrative services for
the Center, including by directly providing such services or providing the funds for such services.
‘‘(d) ACCEPTANCE OF DONATIONS.—(1) Except as provided in
paragraph (2), the Secretary of Defense may accept, on behalf
of the Center, donations to be used to defray the costs of the
Center or to enhance the operation of the Center. Such donations
may be accepted from any agency of the Federal Government,
any State or local government, any foreign government, any foundation or other charitable organization (including any that is organized
or operates under the laws of a foreign country), or any other
private source in the United States or a foreign country.
‘‘(2) The Secretary may not accept a donation under paragraph
(1) if the acceptance of the donation would compromise or appear
to compromise—
‘‘(A) the ability of the Department of Defense, any employee
of the Department, or any member of the armed forces, to

H. R. 7776—108
carry out any responsibility or duty of the Department or
the armed forces in a fair and objective manner; or
‘‘(B) the integrity of any program of the Department of
Defense or of any person involved in such a program.
‘‘(3) The Secretary shall prescribe written guidance setting forth
the criteria to be used in determining whether or not the acceptance
of a foreign donation under paragraph (1) would have a result
described in paragraph (2).
‘‘(4) Funds accepted by the Secretary under paragraph (1) as
a donation on behalf of the Center shall be credited to appropriations available to the Department of Defense for the Center. Funds
so credited shall be merged with the appropriations to which credited and shall be available for the Center for the same purposes
and the same period as the appropriations with which merged.’’.
SEC. 312. PARTICIPATION IN POLLUTANT BANKS AND WATER QUALITY
TRADING.

(a) IN GENERAL.—Chapter 159 of title 10, United States Code,
is amended by inserting after section 2694c the following new
section:
‘‘§ 2694d. Participation in pollutant banks and water quality
trading
‘‘(a) AUTHORITY TO PARTICIPATE.—The Secretary of a military
department, and the Secretary of Defense with respect to matters
concerning a Defense Agency, when engaged in an authorized
activity that may or will result in the discharge of pollutants,
may make payments to a pollutant banking program or water
quality trading program approved in accordance with the Water
Quality Trading Policy dated January 13, 2003, set forth by the
Office of Water of the Environmental Protection Agency, or any
successor administrative guidance or regulation.
‘‘(b) TREATMENT OF PAYMENTS.—Payments made under subsection (a) to a pollutant banking program or water quality trading
program may be treated as eligible project costs for military
construction.
‘‘(c) DISCHARGE OF POLLUTANTS DEFINED.—In this section, the
term ‘discharge of pollutants’ has the meaning given that term
in section 502(12) of the Federal Water Pollution Control Act (33
U.S.C. 1362(12)) (commonly referred to as the ‘Clean Water Act’).’’.
(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by inserting after the item relating
to section 2694c following new item:
‘‘2694d. Participation in pollutant banks and water quality trading.’’.
SEC. 313. CONSIDERATION UNDER DEFENSE ENVIRONMENTAL RESTORATION PROGRAM FOR STATE-OWNED FACILITIES OF
THE NATIONAL GUARD WITH PROVEN EXPOSURE OF HAZARDOUS SUBSTANCES AND WASTE.

(a) DEFINITION OF STATE-OWNED NATIONAL GUARD FACILITY.—
Section 2700 of title 10, United States Code, is amended by adding
at the end the following new paragraph:
‘‘(4) The term ‘State-owned National Guard facility’ includes
land owned and operated by a State when such land is used
for training the National Guard pursuant to chapter 5 of title
32 with funds provided by the Secretary of Defense or the
Secretary of a military department, even though such land
is not under the jurisdiction of the Department of Defense.’’.

H. R. 7776—109
(b) AUTHORITY FOR DEFENSE ENVIRONMENTAL RESTORATION
PROGRAM.—Section 2701(a)(1) of such title is amended, in the first
sentence, by inserting ‘‘and at State-owned National Guard facilities’’ before the period.
(c) RESPONSIBILITY FOR RESPONSE ACTIONS.—Section 2701(c)(1)
of such title is amended by adding at the end the following new
subparagraph:
‘‘(D) Each State-owned National Guard facility being
used for training the National Guard pursuant to chapter
5 of title 32 with funds provided by the Secretary of Defense
or the Secretary of a military department at the time
of actions leading to contamination by hazardous substances or pollutants or contaminants.’’.
SEC. 314. RENEWAL OF ANNUAL ENVIRONMENTAL AND ENERGY
REPORTS OF DEPARTMENT OF DEFENSE.

(a) ENVIRONMENTAL REPORT.—Section 2711 of title 10, United
States Code, is amended by striking subsections (a) and (b) and
inserting the following new subsections:
‘‘(a) REPORT REQUIRED.—Not later than March 31 of each year,
the Secretary of Defense shall submit to Congress a report on
progress made by environmental programs of the Department of
Defense during the preceding fiscal year.
‘‘(b) ELEMENTS.—Each report under subsection (a) shall include,
for the year covered by the report, the following:
‘‘(1) With respect to environmental restoration activities
of the Department of Defense, and for each of the military
departments, information on the Defense Environmental Restoration Program under section 2701 of this title, including—
‘‘(A) the total number of sites at which such program
was carried out;
‘‘(B) the progress of remediation for sites that have
not yet completed cleanup;
‘‘(C) the remaining cost to complete cleanup of known
sites; and
‘‘(D) an assessment by the Secretary of Defense of
the overall progress of such program.
‘‘(2) An assessment by the Secretary of achievements for
environmental conservation and planning by the Department.
‘‘(3) An assessment by the Secretary of achievements for
environmental compliance by the Department.
‘‘(4) An assessment by the Secretary of achievements for
climate resiliency by the Department.
‘‘(5) An assessment by the Secretary of the progress made
by the Department in achieving the objectives and goals of
the Environmental Technology Program of the Department.
‘‘(c) CONSOLIDATION.—The Secretary of Defense may consolidate, attach with, or otherwise include in any report required under
subsection (a) any annual report or other requirement that is
aligned or associated with, or would be better understood if presented as part of a consolidated report addressing environmental
restoration, compliance, and resilience.’’.
(b) ENERGY REPORT.—
(1) IN GENERAL.—Section 2925 of such title is amended—
(A) by amending the section heading to read as follows:
‘‘Annual report on energy performance, resilience,
and readiness of Department of Defense’’; and

H. R. 7776—110
(B) by striking subsections (a) and (b) and inserting
the following new subsections:
‘‘(a) REPORT REQUIRED.—Not later than 240 days after the
end of each fiscal year, the Secretary of Defense shall submit
to the congressional defense committees a report detailing the fulfillment during that fiscal year of the authorities and requirements
under sections 2688, 2911, 2912, 2920, and 2926 of this title,
including progress on energy resilience at military installations
and the use of operational energy in combat platforms and at
contingency locations.
‘‘(b) ELEMENTS.—Each report under subsection (a) shall include
the following:
‘‘(1) For the year covered by the report, the following:
‘‘(A) A description of the progress made to achieve
the goals of the Energy Policy Act of 2005 (Public Law
109–58), section 2911(g) of this title, and the Energy
Independence and Security Act of 2007 (Public Law 110–
140).
‘‘(B) A description of the energy savings, return on
investment, and enhancements to installation mission
assurance realized by the fulfillment of the goals described
in subparagraph (A).
‘‘(C) A description of and progress toward the energy
security, resilience, and performance goals and master
planning for the Department of Defense, including associated metrics pursuant to subsections (c) and (d) of section
2911 of this title and requirements under section 2688(g)
of this title.
‘‘(D) An evaluation of progress made by the Department
in implementing the operational energy strategy of the
Department, including the progress of key initiatives and
technology investments related to operational energy
demand and management.
‘‘(E) Details of the amounts of any funds transferred
by the Secretary of Defense pursuant to section 2912 of
this title, including a detailed description of the purpose
for which such amounts have been used.
‘‘(2) Statistical information on operational energy demands
of the Department, in terms of expenditures and consumption,
for the preceding five fiscal years, including information on
funding made available in regular defense appropriations Acts
and any supplemental appropriations Acts.
‘‘(3) A description of each initiative related to the operational energy strategy of the Department and a summary
of funds appropriated for each initiative in the previous fiscal
year and current fiscal year and requested for each initiative
for the next five fiscal years.
‘‘(4) Such recommendations as the Secretary considers
appropriate for additional changes in organization or authority
within the Department to enable further implementation of
the energy strategy and such other comments and recommendations as the Secretary considers appropriate.
‘‘(c) CLASSIFIED FORM.—If a report under subsection (a) is submitted in classified form, the Secretary of Defense shall, concurrently with such report, submit to the congressional defense committees an unclassified version of the report.

H. R. 7776—111
‘‘(d) CONSOLIDATION.—The Secretary of Defense may consolidate, attach with, or otherwise include in any report required under
subsection (a) any annual report or other requirement that is
aligned or associated with, or would be better understood if presented as part of a consolidated report addressing energy performance, resilience, and readiness.’’.
(2) CLERICAL AMENDMENT.—The table of sections at the
beginning of subchapter III of chapter 173 of such title is
amended by striking the item relating to section 2925 and
inserting the following new item:
‘‘2925. Annual report on energy performance, resilience, and readiness of Department of Defense.’’.

(c) CONTINUATION OF REPORTING REQUIREMENTS.—
(1) IN GENERAL.—Section 1080(a) of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114–92;
129 Stat. 1000; 10 U.S.C. 111 note) does not apply to the
following reports:
(A) The report required to be submitted to Congress
under section 2711 of title 10, United States Code.
(B) The report required to be submitted to Congress
under section 2925 of title 10, United States Code.
(2) CONFORMING REPEAL.—Section 1061(c) of National
Defense Authorization Act for Fiscal Year 2017 (Public Law
114–328; 10 U.S.C. 111 note) is amended by striking paragraphs (51) and (54).
SEC. 315. AGGREGATION OF ENERGY CONSERVATION MEASURES AND
FUNDING.

Section 2911 of title 10, United States Code, is amended by
adding at the end the following new subsection:
‘‘(j) AGGREGATE ENERGY CONSERVATION MEASURES AND
FUNDING.—(1) To the maximum extent practicable, the Secretary
concerned shall take a holistic view of the energy project opportunities on installations under the jurisdiction of such Secretary and
shall consider aggregate energy conservation measures, including
energy conservation measures with quick payback, with energy
resilience enhancement projects and other projects that may have
a longer payback period.
‘‘(2) In considering aggregate energy conservation measures
under paragraph (1), the Secretary concerned shall incorporate
all funding available to such Secretary for such measures,
including—
‘‘(A) appropriated funds, such as—
‘‘(i) funds appropriated for the Energy Resilience and
Conservation Investment Program of the Department; and
‘‘(ii) funds appropriated for the Facilities Sustainment,
Restoration, and Modernization program of the Department; and
‘‘(B) funding available under performance contracts, such
as energy savings performance contracts and utility energy
service contracts.’’.
SEC. 316. ADDITIONAL SPECIAL CONSIDERATIONS FOR ENERGY
PERFORMANCE GOALS AND ENERGY PERFORMANCE
MASTER PLAN.

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

H. R. 7776—112
‘‘(14) The reliability and security of energy resources in
the event of a military conflict.
‘‘(15) The value of resourcing energy from partners and
allies of the United States.’’.
SEC. 317. PURCHASE OR LEASE OF ELECTRIC, ZERO EMISSION,
ADVANCED-BIOFUEL-POWERED, OR HYDROGEN-POWERED
VEHICLES FOR THE DEPARTMENT OF DEFENSE.

(a) REQUIREMENT.—Section 2922g of title 10, United States
Code, is amended—
(1) in the heading, by striking ‘‘systems’’ and inserting
‘‘systems; purchase or lease of certain electric and other
vehicles’’;
(2) in subsection (a), by striking ‘‘In leasing’’ and inserting
‘‘During the period preceding October 1, 2035, in leasing’’;
(3) in subsection (c), by inserting ‘‘, during the period specified in subsection (a),’’ after ‘‘from authorizing’’; and
(4) by adding at the end the following new subsections:
‘‘(d) REQUIREMENT.—Except as provided in subsection (e), beginning on October 1, 2035, each covered nontactical vehicle purchased
or leased by or for the use of the Department of Defense shall
be—
‘‘(1) an electric or zero emission vehicle that uses a charging
connector type (or other means to transmit electricity to the
vehicle) that meets applicable industry accepted standards for
interoperability and safety;
‘‘(2) an advanced-biofuel-powered vehicle; or
‘‘(3) a hydrogen-powered vehicle.
‘‘(e) RELATION TO OTHER VEHICLE TECHNOLOGIES THAT REDUCE
CONSUMPTION OF FOSSIL FUELS.—Notwithstanding the requirement
under subsection (d), beginning on October 1, 2035, the Secretary
of Defense may authorize the purchase or lease of a covered nontactical vehicle that is not described in such subsection if the Secretary
determines, on a case-by-case basis, that—
‘‘(1) the technology used in the vehicle to be purchased
or leased reduces the consumption of fossil fuels compared
to vehicles that use conventional internal combustion technology;
‘‘(2) the purchase or lease of such vehicle is consistent
with the energy performance goals and plan of the Department
of Defense required by section 2911 of this title; and
‘‘(3) the purchase or lease of a vehicle described in subsection (d) is impracticable under the circumstances.
‘‘(f) WAIVER.—(1) The Secretary of Defense may waive the
requirement under subsection (d).
‘‘(2) The Secretary of Defense may not delegate the waiver
authority under paragraph (1).
‘‘(g) DEFINITIONS.—In this section:
‘‘(1) The term ‘advanced-biofuel-powered vehicle’ includes
a vehicle that uses a fuel described in section 9001(3)(A) of
the Farm Security and Rural Investment Act of 2202 (7 U.S.C.
8101(3)(A)).
‘‘(2) The term ‘covered nontactical vehicle’ means any
vehicle—
‘‘(A) that is not a tactical vehicle designed for use
in combat; and

H. R. 7776—113
‘‘(B) that is purchased or leased by the Department
of Defense pursuant to a contract entered into, renewed,
modified, or amended on or after October 1, 2035.
‘‘(3) The term ‘hydrogen-powered vehicle’ means a vehicle
that uses hydrogen as the main source of motive power, either
through a fuel cell or internal combustion.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the beginning of subchapter II of chapter 173 of such title is amended
by striking the item relating to section 2922g and inserting the
following new item:
‘‘2922g. Preference for motor vehicles using electric or hybrid propulsion systems;
purchase or lease of certain electric and other vehicles.’’.
SEC. 318. CLARIFICATION AND REQUIREMENT FOR DEPARTMENT OF
DEFENSE RELATING TO RENEWABLE BIOMASS AND
BIOGAS.

Section 2924 of title 10, United States Code, is amended—
(1) in paragraph (6)—
(A) by redesignating subparagraphs (D) through (I)
as subparagraphs (E) through (J), respectively; and
(B) by inserting after subparagraph (C) the following
new subparagraph (D):
‘‘(D) Biogas.’’; and
(2) by adding at the end the following new paragraphs:
‘‘(7) The term ‘biomass’ has the meaning given the term
‘renewable biomass’ in section 211(o)(1) of the Clean Air Act
(42 U.S.C. 7545(o)(1)).
‘‘(8) The term ‘biogas’ means biogas as such term is used
in section 211(o)(1)(B)(ii)(V) of the Clean Air Act (42 U.S.C.
7545(o)(1)(B)(ii)(V)).’’.
SEC. 319. PROGRAMS OF MILITARY DEPARTMENTS ON REDUCTION
OF FUEL RELIANCE AND PROMOTION OF ENERGY-AWARE
BEHAVIORS.

(a) ESTABLISHMENT.—Subchapter III of chapter 173 of title
10, United States Code, is amended by adding at the end the
following new section (and conforming the table of sections at the
beginning of such subchapter accordingly):
‘‘§ 2928. Programs on reduction of fuel reliance and promotion of energy-aware behaviors
‘‘(a) ESTABLISHMENT.—Each Secretary of a military department
shall establish a program for the promotion of energy-aware behaviors and the reduction of unnecessary fuel consumption within
that military department.
‘‘(b) GOALS.—The goals of the programs established under subsection (a) shall be as follows:
‘‘(1) To increase operational energy resiliency.
‘‘(2) To decrease energy-related strategic vulnerabilities and
enhance military readiness.
‘‘(3) To integrate sustainability features for new and
existing military installations and other facilities of the Department.
‘‘(c) MINIMUM REQUIRED ELEMENTS.—Under the program of
a military department under subsection (a), the Secretary of the
military department shall carry out, with respect to the military
department, and at a minimum, the following:

H. R. 7776—114
‘‘(1) The development and implementation of a strategy
for the collection and analysis of data on fuel consumption,
to identify operational inefficiencies and enable data-driven
decision making with respect to fuel logistics and the reduction
of fuel consumption.
‘‘(2) The fostering of an energy-aware culture across the
military department to reduce fuel consumption, including
through—
‘‘(A) the incorporation of energy conservation and resiliency principles into training curricula and other training
materials of the military department, including by updating
such materials to include information on the effect of
energy-aware behaviors on improving readiness and combat
capability; and
‘‘(B) the review of standard operating procedures, and
other operational manuals and procedures, of the military
department, to identify procedures that increase fuel
consumption with no operational benefit.
‘‘(3) The integration of operational energy factors into the
wargaming of the military department and related training
activities that involve the modeling of scenarios, in accordance
with subsection (d), to provide to participants in such activities
realistic data on the risks and challenges relating to operational
energy and fuel logistics.
‘‘(4) The implementation of data-driven procedures, operations planning, and logistics, to optimize cargo transport and
refueling operations within the military department.
‘‘(d) WARGAMING ELEMENTS.—In integrating operational energy
factors into the wargaming and related training activities of a
military department under subsection (c)(3), the Secretary of the
military department shall seek to ensure that the planning, design,
and execution of such activities include—
‘‘(1) coordination with the elements of the military department responsible for fuel and logistics matters, to ensure the
modeling of energy demand and network risk during such
activities are accurate, taking into account potential shortfalls
and the direct and indirect effects of the efforts of foreign
adversaries to target fuel supply chains; and
‘‘(2) a focus on improving integrated life-cycle management
processes and fuel supply logistics.’’.
(b) DEADLINE FOR ESTABLISHMENT.—The programs required
under section 2928 of title 10, United States Code, as added by
subsection (a), shall be established by not later than 180 days
after the date of the enactment of this Act.
(c) BRIEFING.—Not later than 180 days after the date of enactment of this Act, each Secretary of a military department shall
provide to the congressional defense committees a briefing on the
establishment of the program of the military department required
under such section 2928.
SEC. 320. ESTABLISHMENT OF JOINT WORKING GROUP TO DETERMINE
JOINT REQUIREMENTS FOR FUTURE OPERATIONAL
ENERGY NEEDS OF DEPARTMENT OF DEFENSE.

Section 352 of the National Defense Authorization Act for Fiscal
Year 2022 (Public Law 117–81; 135 Stat. 1653) is amended by
adding at the end the following new subsection:

H. R. 7776—115
‘‘(e) ESTABLISHMENT OF JOINT WORKING GROUP TO DETERMINE
JOINT REQUIREMENTS FOR FUTURE OPERATIONAL ENERGY NEEDS
OF DEPARTMENT OF DEFENSE.—
‘‘(1) ESTABLISHMENT.—The Secretary of Defense shall
establish a joint working group (in this subsection referred
to as the ‘working group’) to determine joint requirements
for future operational energy needs of the Department of
Defense.
‘‘(2) EXECUTIVE AGENT.—The Secretary of the Air Force
shall serve as the executive agent of the working group.
‘‘(3) REQUIREMENTS SPECIFIED.—
‘‘(A) IN GENERAL.—In determining joint requirements
under paragraph (1), the working group shall address the
operational energy needs of each military department and
combatant command to meet energy needs in all domains
of warfare, including land, air, sea, space, cyberspace,
subsea, and subterranean environments.
‘‘(B) PRIORITY FOR CERTAIN SYSTEMS.—Priority for joint
requirements under paragraph (1) shall be given to independent operational energy systems that—
‘‘(i) are capable of operating in austere and isolated
environments with quick deployment capabilities; and
‘‘(ii) may reduce conventional air pollution and
greenhouse gas emissions comparable to systems
already in use.
‘‘(4) EXISTING OR NEW PROGRAMS.—The working group shall
address the feasibility of meeting joint requirements determined
under paragraph (1) through the existing energy programs
of the Department and make recommendations for new programs to meet such requirements.
‘‘(5) FOCUS AREAS.—In carrying out the requirements under
this subsection, the working group shall focus the efforts of
the working group on operational energy, including—
‘‘(A) micro-reactors and small modular reactors;
‘‘(B) hydrogen-based fuel systems, including hydrogen
fuel cells and hydrogen-based combustion engines;
‘‘(C) battery storage;
‘‘(D) renewable energy sources;
‘‘(E) retrofits to existing platforms that shall increase
efficiencies; and
‘‘(F) other technologies and resources that meet joint
requirements determined under paragraph (1).
‘‘(6) RECOMMENDED PLAN OF ACTION.—
‘‘(A) IN GENERAL.—Not later than 180 days after the
date of the enactment of this subsection, the Secretary
shall submit to the congressional defense committees a
report, and provide to the congressional defense committees
a classified briefing, outlining recommendations for programs to meet joint requirements for future operational
energy needs of the Department of Defense by 2025, 2030,
and 2040.
‘‘(B) FOCUS ON READINESS AND FLEXIBILITY.—In submitting the report and providing the briefing under subparagraph (A), the Secretary shall—
‘‘(i) address each element of the report or briefing,
as the case may be, in the context of maintaining
or increasing the readiness levels of the Armed Forces

H. R. 7776—116
and the flexibility of operational elements within the
Department; and
‘‘(ii) disregard energy sources that do not increase
such readiness and flexibility, with an explanation for
the reason such sources were disregarded.
‘‘(C) FORM.—The report under subparagraph (A) shall
be submitted in unclassified form, but may include a classified annex.
‘‘(7) DEFINITIONS.—In this subsection:
‘‘(A) The term ‘advanced nuclear reactor’ has the
meaning given that term in section 951(b) of the Energy
Policy Act of 2005 (42 U.S.C. 16271(b)).
‘‘(B) The term ‘micro-reactor’ means an advanced
nuclear reactor that has an electric power production
capacity that is not greater than 50 megawatts that can
be transported via land, air, or sea transport and can
be redeployed.
‘‘(C) The term ‘small modular reactor’ means an
advanced nuclear reactor—
‘‘(i) with a rated capacity of less than 300 electrical
megawatts; or
‘‘(ii) that can be constructed and operated in combination with similar reactors at a single site.’’.
SEC. 321. AMENDMENT TO BUDGETING OF DEPARTMENT OF DEFENSE
RELATING TO EXTREME WEATHER.

Section 328(a) of the National Defense Authorization Act for
Fiscal Year 2020 (Public Law 116–92; 10 U.S.C. 221 note) is
amended—
(1) in paragraph (1), by striking ‘‘; and’’ and inserting
a semicolon;
(2) in paragraph (2), by striking the period at the end
and inserting ‘‘; and’’; and
(3) by inserting after paragraph (2) the following new paragraph:
‘‘(3) a calculation of the annual costs to the Department
for—
‘‘(A) assistance that is—
‘‘(i) provided to the Federal Emergency Management Agency or any Federal land management agency
(as such term is defined in section 802 of the Federal
Lands Recreation Enhancement Act (16 U.S.C. 6801))
pursuant to a request for such assistance and in consultation with the National Interagency Fire Center;
or
‘‘(ii) provided under title 10 or title 32, United
States Code, to any State, territory, or possession of
the United States, regarding extreme weather; and
‘‘(B) resourcing required to support—
‘‘(i) wildfire response, recovery, or restoration
efforts occurring within military installations or other
facilities of the Department; or
‘‘(ii) any Federal agency other than the Department (including the Federal Emergency Management
Agency and the National Interagency Fire Center) with
respect to wildfire response, recovery, or restoration
efforts, where such resourcing is not reimbursed.’’.

H. R. 7776—117
SEC. 322. PROTOTYPE AND DEMONSTRATION PROJECTS FOR ENERGY
RESILIENCE AT CERTAIN MILITARY INSTALLATIONS.

(a) IN GENERAL.—Subject to the availability of appropriations
for such purpose, each Secretary of a military department shall
ensure that covered prototype and demonstration projects are conducted at each military installation under the jurisdiction of that
Secretary that is designated by the Secretary of Defense as an
‘‘Energy Resilience Testbed’’ pursuant to subsection (b).
(b) SELECTION OF MILITARY INSTALLATIONS.—
(1) NOMINATION.—Each Secretary of a military department
shall nominate military installations under the jurisdiction of
that Secretary for selection under paragraph (2), and submit
to the Secretary of Defense a list of such nominations.
(2) SELECTION.—Not later than one year after the date
of the enactment of this Act, the Secretary of Defense shall
select, from among the lists of nominated military installations
provided by the Secretaries of the military departments under
paragraph (1), at least one such nominated military installation
per military department for designation pursuant to paragraph
(4).
(3) CONSIDERATIONS.—In selecting military installations
under paragraph (2), the Secretary of Defense shall, to the
extent practicable, take into consideration the following:
(A) The mission of the installation.
(B) The geographic terrain of the installation and of
the community surrounding the installation.
(C) The energy resources available to support the
installation.
(D) An assessment of any extreme weather risks or
vulnerabilities at the installation and the community surrounding the installation.
(4) DESIGNATION AS ENERGY RESILIENCE TESTBED.—Each
military installation selected under paragraph (2) shall be
known as an ‘‘Energy Resilience Testbed’’.
(c) COVERED TECHNOLOGIES.—Covered prototype and demonstration projects conducted at military installations designated
pursuant to subsection (b) shall include the prototype and demonstration of technologies in the following areas:
(1) Energy storage technologies, including long-duration
energy storage systems.
(2) Technologies to improve building energy efficiency in
a cyber-secure manner, such as advanced lighting controls,
high-performance cooling systems, and technologies for waste
heat recovery.
(3) Technologies to improve building energy management
and control in a cyber-secure manner.
(4) Tools and processes for design, assessment, and decision
making on the installation with respect to all hazards resilience
and hazard analysis, energy use, management, and the
construction of resilient buildings and infrastructure.
(5) Carbon sequestration technologies.
(6) Technologies relating to on-site resilient energy generation, including the following:
(A) Advanced geothermal technologies.
(B) Advanced nuclear technologies, including small
modular reactors.

H. R. 7776—118
(7) Port electrification and surrounding defense community
infrastructure.
(8) Tidal and wave power technologies.
(9) Distributed ledger technologies.
(d) BRIEFING.—Not later than one year after the date of the
enactment of this Act, the Secretary of Defense, in consultation
with the Secretaries of the military departments, shall provide
to the appropriate congressional committees a briefing on the conduct of covered prototype and demonstration projects at each military installation designated pursuant to subsection (b). Such
briefing shall include the following:
(1) An identification of each military installation so designated.
(2) A justification as to why each military installation so
designated was selected for such designation.
(3) A strategy for commencing the conduct of such projects
at each military installation so designated by not later than
one year after the date of the enactment of this Act.
(e) DEADLINE FOR COMMENCEMENT OF PROJECTS.—Beginning
not later than one year after the date of the enactment of this
Act, covered prototype and demonstration projects shall be conducted at, and such conduct shall be incorporated into the mission
of, each military installation designated pursuant to subsection
(b).
(f) RESPONSIBILITY FOR ADMINISTRATION AND OVERSIGHT.—Notwithstanding the responsibility of the Secretary of Defense to select
each military installation for designation pursuant to subsection
(b)(2), the administration and oversight of the conduct of covered
prototype and demonstration projects at a military installation so
designated, as required under subsection (a), shall be the responsibility of the Secretary of the military department with jurisdiction
over that military installation.
(g) CONSORTIUMS.—
(1) IN GENERAL.—Each Secretary of a military department
may enter into a partnership with, or seek to establish, a
consortium of industry, academia, and other entities described
in paragraph (2) to conduct covered prototype and demonstration projects at a military installation that is under the jurisdiction of that Secretary and designated by the Secretary of
Defense pursuant to subsection (b).
(2) CONSORTIUM ENTITIES.—The entities described in this
paragraph are as follows:
(A) National laboratories.
(B) Industry entities the primary work of which relates
to technologies and business models relating to energy
resilience and all hazards resilience.
(h) AUTHORITIES.—
(1) IN GENERAL.—Covered prototype and demonstration
projects required under this section may be conducted as part
of the program for operational energy prototyping established
under section 324(c) of the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021 (Public
Law 116–283; 134 Stat. 3523; 10 U.S.C. 2911 note) (including
by using funds available under the Operational Energy Prototyping Fund established pursuant to such section), using the
other transactions authority under section 4021 or 4022 of
title 10, United States Code, or using any other available

H. R. 7776—119
authority or funding source the Secretary of Defense determines
appropriate.
(2) FOLLOW-ON PRODUCTION CONTRACTS OR TRANSACTIONS.—Each Secretary of a military department shall ensure
that, to the extent practicable, any transaction entered into
under the other transactions authority under section 4022 of
title 10, United States Code, for the conduct of a covered
prototype and demonstration project under this section shall
provide for the award of a follow-on production contract or
transaction pursuant to subsection (f) of such section 4022.
(i) INTERAGENCY COLLABORATION.—In carrying out this section,
to the extent practicable, the Secretary of Defense shall collaborate
with the Secretary of Energy and the heads of such other Federal
departments and agencies as the Secretary of Defense may determine appropriate, including by entering into relevant memoranda
of understanding.
(j) RULE OF CONSTRUCTION.—Nothing in this section shall be
construed as precluding any Secretary of a military department
from carrying out any activity, including conducting a project or
making an investment, relating to the improvement of energy resilience or all hazards resilience under an authority other than this
section.
(k) DEFINITIONS.—In this section:
(1) The term ‘‘appropriate congressional committees’’
means—
(A) the Committee on Armed Services and the Committee on Energy and Commerce of the House of Representatives; and
(B) the Committee on Armed Services and the Committee on Energy and Natural Resources of the Senate.
(2) The term ‘‘community infrastructure’’ has the meaning
given that term in section 2391(e) of title 10, United States
Code.
(3) The term ‘‘covered prototype and demonstration project’’
means a project to prototype and demonstrate advanced technologies to enhance energy resilience, including with respect
to energy supply disruptions, and all hazards resilience at
a military installation.
(4) The term ‘‘military installation’’ has the meaning given
that term in section 2867 of title 10, United States Code.
SEC. 323. PILOT PROGRAM FOR DEVELOPMENT OF ELECTRIC VEHICLE
CHARGING SOLUTIONS TO MITIGATE GRID STRESS.

(a) IN GENERAL.—The Secretary of Defense, in coordination
with the Secretaries of the military departments, and in consultation with the Secretary of Energy, shall carry out a pilot program
to develop and test covered infrastructure to mitigate grid stress
caused by electric vehicles through the implementation and maintenance on certain military installations of charging stations,
microgrids, and other covered infrastructure sufficient to cover the
energy demand at such installations.
(b) SELECTION OF MILITARY INSTALLATIONS.—
(1) SELECTION.—Not later than 180 days after the date
of the enactment of this Act, each Secretary of a military
department shall—
(A) select at least one military installation of each
Armed Force under the jurisdiction of that Secretary at

H. R. 7776—120
which to carry out the pilot program under subsection
(a); and
(B) submit to the Committees on Armed Services of
the House of Representatives and the Senate a notification
containing an identification of each such selected installation.
(2) CONSIDERATIONS.—In choosing a military installation
for selection pursuant to paragraph (1), each Secretary of a
military department shall take into account the following:
(A) A calculation of existing loads at the installation
and the existing capacity of the installation for the charging
of electric vehicles, including (as applicable) light duty
trucks.
(B) Any required upgrades to covered infrastructure
on the installation, including electrical wiring, anticipated
by the Secretary.
(C) The ownership, financing, operation, and maintenance models of existing and planned covered infrastructure on the installation.
(D) An assessment of local grid needs, and any required
updates relating to such needs anticipated by the Secretary.
(c) REPORT.—
(1) IN GENERAL.—Not later than one year after the date
on which a Secretary of a military department submits a
notification identifying a selected military installation under
subsection (b), that Secretary shall submit to the Committee
on Armed Services and the Committee on Energy and Commerce of the House of Representatives and the Committee
on Armed Services of the Senate a report on—
(A) the covered infrastructure to be implemented under
the pilot program at the installation;
(B) the methodology by which each type of covered
infrastructure so implemented shall be assessed for efficacy
and efficiency at providing sufficient energy to cover the
anticipated energy demand of the electric vehicle fleet at
the installation and mitigating grid stress; and
(C) the maintenance on the military installation of
charging stations and other covered infrastructure,
including a microgrid, that will be sufficient to—
(i) cover the anticipated electricity demand of such
fleet; and
(ii) improve installation energy resilience.
(2) ELEMENTS.—Each report under paragraph (1) shall
include, with respect to the selected military installation for
which the report is submitted, the following:
(A) A determination of the type and number of charging
stations to implement on the installation, taking into
account the interoperability of chargers and the potential
future needs or applications for chargers, such as vehicleto-grid or vehicle-to-building applications.
(B) A determination of the optimal ownership model
to provide charging stations on the installation, taking
into account the following:
(i) Use of Government-owned (purchased, installed,
and maintained) charging stations.
(ii) Use of third-party financed, installed, operated,
and maintained charging stations.

H. R. 7776—121
(iii) Use of financing models in which energy and
charging infrastructure operations and maintenance
are treated as a service.
(iv) Cyber and physical security considerations and
best practices associated with different ownership, network, and control models.
(C) A determination of the optimal power source to
provide charging stations at the installation, taking into
account the following:
(i) Transformer and substation requirements.
(ii) Microgrids and distributed energy to support
both charging requirements and energy storage.
(3) SOURCE OF SERVICES.—Each Secretary of a military
department may use expertise within the military department
or enter into a contract with a non-Department of Defense
entity to make the determinations specified in paragraph (2).
(d) FINAL REPORT.—Not later than January 1, 2025, the Secretary of Defense shall submit to the congressional committees
specified in subsection (c)(1) a final report on the pilot program
under subsection (a). Such report shall include the observations
and findings of the Department relating to the charging stations
and other covered infrastructure implemented and maintained
under such pilot program, including with respect to the elements
specified in subsection (c)(2).
(e) DEFINITIONS.—In this section:
(1) The terms ‘‘Armed Forces’’ and ‘‘military departments’’
have the meanings given those terms in section 101 of title
10, United States Code.
(2) The term ‘‘charging station’’ means a collection of one
or more electric vehicle supply equipment units serving the
purpose of charging an electric vehicle battery.
(3) The term ‘‘covered infrastructure’’—
(A) means infrastructure that the Secretary of Defense
determines may be used to—
(i) charge electric vehicles, including by transmitting electricity to such vehicles directly; or
(ii) support the charging of electric vehicles,
including by supporting the resilience of grids or other
systems for delivering energy to such vehicles (such
as through the mitigation of grid stress); and
(B) includes—
(i) charging stations;
(ii) batteries;
(iii) battery-swapping systems;
(iv) microgrids;
(v) off-grid charging systems; and
(vi) other apparatuses installed for the specific
purpose of delivering energy to an electric vehicle or
to a battery intended to be used in an electric vehicle,
including wireless charging technologies.
(4) The term ‘‘electric vehicle’’ includes—
(A) a plug-in hybrid electric vehicle that uses a combination of electric and gas powered engine that can use
either gasoline or electricity as a fuel source; and
(B) a plug-in electric vehicle that runs solely on electricity and does not contain an internal combustion engine
or gas tank.

H. R. 7776—122
(5) The term ‘‘electric vehicle supply equipment unit’’ means
the port that supplies electricity to one vehicle at a time.
(6) The term ‘‘microgrid’’ means a group of interconnected
loads and distributed energy resources within clearly defined
electrical boundaries that acts as a single controllable entity
with respect to the grid.
(7) The term ‘‘military installation’’ has the meaning given
that term in section 2801 of title 10, United States Code.
(8) The term ‘‘wireless charging’’ means the charging of
a battery by inductive charging or by any means in which
a battery is charged without a wire, or plug-in wire, connecting
the power source and battery.
SEC. 324. PILOT PROGRAM ON USE OF SUSTAINABLE AVIATION FUEL.

(a) PILOT PROGRAM REQUIRED.—
(1) IN GENERAL.—Subject to the availability of appropriations for such purpose, the Secretary of Defense shall conduct
a pilot program on the use of sustainable aviation fuel by
the Department of Defense (in this section referred to as the
‘‘pilot program’’).
(2) DESIGN OF PROGRAM.—The pilot program shall be
designed to—
(A) identify any logistical challenges with respect to
the use of sustainable aviation fuel by the Department;
(B) promote understanding of the technical and
performance characteristics of sustainable aviation fuel
when used in a military setting; and
(C) engage nearby commercial airports to explore
opportunities and challenges to partner on the increased
use of sustainable aviation fuel.
(b) SELECTION OF FACILITIES.—
(1) SELECTION.—
(A) IN GENERAL.—Not later than one year after the
date of the enactment of this Act, the Secretary of Defense
shall select not fewer than two geographically diverse facilities of the Department at which to carry out the pilot
program.
(B) ONSITE REFINERY.—Not fewer than one facility
selected under subparagraph (A) shall be a facility with
an onsite refinery that is located in proximity to not fewer
than one major commercial airport that is also actively
seeking to increase the use of sustainable aviation fuel.
(2) NOTICE TO CONGRESS.—Upon the selection of each
facility under paragraph (1), the Secretary shall submit to
the appropriate congressional committees notice of the selection,
including an identification of the facility selected.
(c) USE OF SUSTAINABLE AVIATION FUEL.—
(1) PLANS.—For each facility selected under subsection (b),
not later than one year after the selection of the facility, the
Secretary shall—
(A) develop a plan on how to implement, by September
30, 2028, a target of exclusively using at the facility aviation fuel that is blended to contain not less than 10 percent
sustainable aviation fuel;
(B) submit the plan developed under subparagraph
(A) to the appropriate congressional committees; and

H. R. 7776—123
(C) provide to the appropriate congressional committees a briefing on such plan that includes, at a minimum—
(i) a description of any operational, infrastructure,
or logistical requirements, and recommendations, for
the blending and use of sustainable aviation fuel; and
(ii) a description of any stakeholder engagement
in the development of the plan, including any consultations with nearby commercial airport owners or operators.
(2) IMPLEMENTATION OF PLANS.—For each facility selected
under subsection (b), during the period beginning on a date
that is not later than September 30, 2028, and for five years
thereafter, the Secretary shall require, in accordance with the
respective plan developed under paragraph (1), the exclusive
use at the facility of aviation fuel that is blended to contain
not less than 10 percent sustainable aviation fuel.
(d) CRITERIA FOR SUSTAINABLE AVIATION FUEL.—Sustainable
aviation fuel used under the pilot program shall meet the following
criteria:
(1) Such fuel shall be produced in the United States from
domestic feedstock sources.
(2) Such fuel shall constitute drop-in fuel that meets all
specifications and performance requirements of the Department
of Defense and the Armed Forces.
(e) WAIVER.—The Secretary may waive the use of sustainable
aviation fuel at a facility under the pilot program if the Secretary—
(1) determines such use is not feasible due to a lack of
domestic availability of sustainable aviation fuel or a national
security contingency; and
(2) submits to the congressional defense committees notice
of such waiver and the reasons for such waiver.
(f) FINAL REPORT.—
(1) IN GENERAL.—At the conclusion of the pilot program,
the Assistant Secretary of Defense for Energy, Installations,
and Environment shall submit to the appropriate congressional
committees a final report on the pilot program.
(2) ELEMENTS.—The report under paragraph (1) shall
include each of the following:
(A) An assessment of the effect of using sustainable
aviation fuel on the overall fuel costs of blended fuel.
(B) A description of any operational, infrastructure,
or logistical requirements, and recommendations, for the
blending and use of sustainable aviation fuel, with a focus
on scaling up adoption of such fuel throughout the Armed
Forces.
(C) Recommendations with respect to how military
installations can leverage proximity to commercial airports
and other jet fuel consumers to increase the rate of use
of sustainable aviation fuel, for both military and nonmilitary use, including potential collaboration on innovative
financing or purchasing and shared supply chain infrastructure.
(D) A description of the effects on performance and
operation of aircraft using sustainable aviation fuel,
including—
(i) if used, considerations of various blending ratios
and the associated benefits thereof;

H. R. 7776—124
(ii) efficiency and distance improvements of flights
using sustainable aviation fuel;
(iii) weight savings on large transportation aircraft
and other types of aircraft by using blended fuel with
higher concentrations of sustainable aviation fuel;
(iv) maintenance benefits of using sustainable
aviation fuel, including with respect to engine longevity;
(v) the effect of the use of sustainable aviation
fuel on emissions and air quality;
(vi) the effect of the use of sustainable aviation
fuel on the environment and on surrounding communities, including environmental justice factors that are
created by the demand for and use of sustainable aviation fuel by the Department of Defense; and
(vii) benefits with respect to job creation in the
sustainable aviation fuel production and supply chain.
(g) DEFINITIONS.—In this section:
(1) The term ‘‘appropriate congressional committees’’ means
the following:
(A) The Committee on Armed Services and the Committee on Transportation and Infrastructure of the House
of Representatives.
(B) The Committee on Armed Services and the Committee on Commerce, Science, and Transportation of the
Senate.
(2) The term ‘‘sustainable aviation fuel’’ has the meaning
given such term in section 40007(e) of the Act titled ‘An Act
to provide for reconciliation pursuant to title II of S. Con.
Res. 14’ (Public Law 117–169).
SEC. 325. POLICY TO INCREASE DISPOSITION OF SPENT ADVANCED
BATTERIES THROUGH RECYCLING.

(a) POLICY REQUIRED.—Not later than one year after the date
of the enactment of this Act, the Assistant Secretary of Defense
for Energy, Installations, and Environment, in coordination with
the Director of the Defense Logistics Agency, shall establish a
policy to increase the disposition of spent advanced batteries of
the Department of Defense through recycling (including by updating
the Department of Defense Manual 4160.21, titled ‘‘Defense Material Disposition: Disposal Guidance and Procedures’’, or such successor document, accordingly), for the purpose of supporting the
reclamation and return of precious metals, rare earth metals, and
elements of strategic importance (such as cobalt and lithium) into
the supply chain or strategic reserves of the United States.
(b) CONSIDERATIONS.—In developing the policy under subsection
(a), the Assistant Secretary shall consider, at a minimum, the
following recycling methods:
(1) Pyroprocessing.
(2) Hydroprocessing.
(3) Direct cathode recycling, relithiation, and upcycling.
SEC. 326. GUIDANCE AND TARGET GOAL RELATING TO FORMERLY
USED DEFENSE SITES PROGRAMS.

(a) GUIDANCE RELATING TO SITE PRIORITIZATION.—The Assistant Secretary of Defense for Energy, Installations, and Environment
shall issue guidance setting forth how, in prioritizing sites for
activities funded under the ‘‘Environmental Restoration Account,

H. R. 7776—125
Formerly Used Defense Sites’’ account established under section
2703(a)(5) of title 10, United States Code, the Assistant Secretary
shall weigh the relative risk or other factors between Installation
Restoration Program sites and Military Munitions Response Program sites.
(b) TARGET GOAL FOR MILITARY MUNITIONS RESPONSE PROGRAM.—The Assistant Secretary of Defense for Energy, Installations, and Environment shall establish a target goal for the completion of the cleanup of all Military Munitions Response Program
sites.
SEC. 327. ANALYSIS AND PLAN FOR ADDRESSING HEAT ISLAND EFFECT
ON MILITARY INSTALLATIONS.

(a) INSTALLATION ANALYSIS.—Each Secretary of a military
department shall conduct an analysis of the military installations
under the jurisdiction of that Secretary to assess the extent to
which heat islands affect readiness, infrastructure service life, and
utilities costs. Each such analysis shall contain each of the following:
(1) An analysis of how heat islands exacerbate summer
heat conditions and necessitate the increased use of air conditioning on the installations, including an estimate of the cost
of such increased usage with respect to both utilities costs
and shortened service life of air conditioning units.
(2) An assessment of any readiness effects related to heat
islands, including the loss of training hours due to black flag
conditions, and the corresponding cost of such effects.
(b) PLAN.—Based on the results of the analyses conducted under
subsection (a), the Secretaries of the military departments shall
jointly—
(1) develop a plan for mitigating the effects of heat islands
at the most severely affected installations, including by
increasing tree coverage, installing cool roofs or green roofs,
and painting asphalt; and
(2) promulgate best practices enterprise-wide for cost avoidance and reduction of the effects of heat islands.
(c) BRIEFING.—Not later than September 30, 2024, the Secretaries of the military departments shall jointly provide to the
congressional defense committees a briefing on—
(1) the findings of each analysis conducted under subsection
(a);
(2) the plan developed under subsection (b); and
(3) such other matters as the Secretaries determine appropriate.
(d) HEAT ISLAND DEFINED.—The term ‘‘heat island’’ means an
area with a high concentration of structures (such as building,
roads, and other infrastructure) that absorb and re-emit the sun’s
heat more than natural landscapes such as forests or bodies of
water.
SEC. 328. LIMITATION ON REPLACEMENT OF NON-TACTICAL VEHICLE
FLEET OF DEPARTMENT OF DEFENSE WITH ELECTRIC
VEHICLES, ADVANCED-BIOFUEL-POWERED VEHICLES, OR
HYDROGEN-POWERED VEHICLES.

(a) IN GENERAL.—Until the date on which the Secretary of
Defense submits to the Committees on Armed Services of the House
of Representatives and the Senate the report described in subsection
(b), the Secretary may not enter into an indefinite delivery-indefinite
quantity delivery order contract to procure and replace the existing

H. R. 7776—126
non-tactical vehicle fleet of the Department of Defense with electric
vehicles, advanced-biofuel-powered vehicles, or hydrogen-powered
vehicles.
(b) ELEMENTS.—The report described in this subsection shall
include the following:
(1) A cost estimate for the procurement by the Secretary
of Defense, or through contract mechanisms used by the Department (such as energy savings performance contracts), of electric
non-tactical vehicles to replace the existing non-tactical vehicle
fleet of the Department, which shall include—
(A) an estimated cost per unit and number of units
to be procured of each type of electric non-tactical vehicle
(such as trucks, buses, and vans);
(B) the cost associated with building the required infrastructure to support electric non-tactical vehicles, including
charging stations and electric grid requirements;
(C) a lifecycle cost comparison between electric vehicles
and combustion engine vehicles of each type (such as an
electric truck versus a conventional truck);
(D) maintenance requirements of electric vehicles compared to combustion engine vehicles; and
(E) for each military department, a cost comparison
over periods of three, five, and 10 years of pursuing an
electric non-tactical vehicle fleet versus continuing with
combustion engine non-tactical vehicles.
(2) An assessment of the current and projected supply
chain shortfalls, including critical minerals, for electric vehicles
and combustion engine vehicles.
(3) An assessment of the security risks associated with
data collection conducted with respect to electric vehicles,
combustion engine vehicles, and the related computer systems
for each.
(4) An assessment of the current range requirements for
electric vehicles compared to combustion engine vehicles and
the average life of vehicles of the Department necessary to
maintain current readiness requirements of the Department.
(5) An identification of components for electric non-tactical
vehicles, advanced-biofuel-powered vehicles, hydrogen-powered
vehicles, and combustion engine vehicles that are currently
being sourced from the People’s Republic of China.
(6) An assessment of the mid- and long-term costs and
benefits to the Department of falling behind industry trends
related to the adoption of alternative fuel vehicles including
electric vehicles, hydrogen-powered vehicles, and advancedbiofuel-powered vehicles.
(7) An assessment of the long-term availability to the
Department of internal combustion engines and spare parts
for such engines, including whether or not such engines and
spare parts will be manufactured in the United States or repairable with parts made in the United States and labor in the
United States.
(8) An assessment of the relative risks associated with
parking and storing electric vehicles, hydrogen-powered
vehicles, advanced-biofuel-powered vehicles, and combustion
engine vehicles inside parking structures, including fire risk
and water damage.

H. R. 7776—127
(c) ADDITIONAL PROHIBITION.—None of the funds authorized
to be appropriated by this Act or otherwise made available for
the Department of Defense may be obligated or expended to procure
non-tactical vehicles that are electric vehicles, advanced-biofuelpowered vehicles, or hydrogen-powered vehicles, or any components
or spare parts associated with such vehicles, that are not in compliance with subpart 22.15 of the Federal Acquisition Regulation (or
any successor regulations).
(d) DEFINITIONS.—In this section:
(1) The term ‘‘advanced-biofuel-powered vehicle’’ includes
a vehicle that uses a fuel described in section 9001(3)(A) of
the Farm Security and Rural Investment Act of 2202 (7 U.S.C.
8101(3)(A)).
(2) The term ‘‘charging station’’ means a parking space
with electric vehicle supply equipment that supplies electric
energy for the recharging of electric vehicles with at least
a level two charger.
(3) The term ‘‘electric grid requirements’’ means the power
grid and infrastructure requirements needed to support plugin electric vehicles and vehicle-to-grid requirements.
(4) The term ‘‘electric non-tactical vehicle’’ means a nontactical vehicle that is an electric vehicle.
(5) The terms ‘‘electric vehicle’’ includes—
(A) a plug-in hybrid electric vehicle that uses a combination of electric and gas powered engine that can use
either gasoline or electricity as a fuel source; and
(B) a plug-in electric vehicle that runs solely on electricity and does not contain an internal combustion engine
or gas tank.
(6) The term ‘‘hydrogen-powered vehicle’’ means a vehicle
that uses hydrogen as the main source of motive power, either
through a fuel cell or internal combustion.
(7) The term ‘‘non-tactical vehicle’’ means a vehicle other
than a tactical vehicle.
(8) The term ‘‘tactical vehicle’’ means a motor vehicle
designed to military specification, or a commercial design motor
vehicle modified to military specification, to provide direct
transportation support of combat or tactical operations, or for
the training of personnel for such operations.

Subtitle C—Red Hill Bulk Fuel Storage
Facility
SEC. 331. DEFUELING OF RED HILL BULK FUEL STORAGE FACILITY.

(a) DEADLINE FOR COMPLETION OF DEFUELING.—
(1) IN GENERAL.—The Secretary of Defense shall complete
the defueling of the Red Hill Bulk Fuel Storage Facility in
a safe and expeditious manner by a deadline that is approved
by the State of Hawaii Department of Health.
(2) REPORT.—Not later than 30 days after the date of
the enactment of this Act, and quarterly thereafter until the
completion of the defueling of the Red Hill Bulk Fuel Storage
Facility, the Secretary of Defense shall submit to the congressional defense committees, and make publicly available on an
appropriate website of the Department of Defense, a report
on the status of such defueling.

H. R. 7776—128
(b) PLANNING AND IMPLEMENTATION OF DEFUELING.—The Secretary of Defense shall plan for and implement the defueling of
the Red Hill Bulk Fuel Storage Facility in consultation with the
Administrator of the Environmental Protection Agency and the
State of Hawaii Department of Health.
(c) NOTIFICATION REQUIREMENT.—The Secretary of Defense may
not begin the process of defueling the Red Hill Bulk Storage Facility
until the date on which the Secretary submits to the congressional
defense committees a notification that such defueling would not
adversely affect the ability of the Department of Defense to provide
fuel to support military operations in the area of responsibility
of the United States Indo-Pacific Command.
SEC. 332. AUTHORIZATION OF CLOSURE OF UNDERGROUND STORAGE
TANK SYSTEM AT RED HILL BULK FUEL STORAGE
FACILITY.

(a) AUTHORIZATION.—The Secretary of Defense may close the
underground storage tank system at the Red Hill Bulk Fuel Storage
Facility of the Department of Defense located in Hawaii (in this
section referred to as the ‘‘Facility’’).
(b) PLAN FOR FACILITY CLOSURE AND POST-CLOSURE CARE.—
(1) IN GENERAL.—Not later than 60 days after the date
of the enactment of this Act, the Secretary of the Navy shall
submit to the Committees on Armed Services of the House
of Representatives and the Senate a plan for—
(A) the closure of the Facility, along with a report
on the cost projections for such closure;
(B) monitoring of the Facility following closure;
(C) corrective actions to mitigate fuel releases of
groundwater at the Facility, including resources necessary
for the Secretary of the Navy to conduct such actions
at the Facility;
(D) coordination and communication with applicable
Federal and State regulatory authorities, and surrounding
communities, on release response and remediation activities conducted by the Secretary of the Navy at the Facility;
(E) improvements to processes, procedures, organization, training, leadership, education, facilities, and policy
of the Department of Defense related to best practices
for the remediation and closure of the Facility; and
(F) measures to ensure that future strategic level
assets of the Department of Defense are properly maintained and critical environmental assets are protected.
(2) PREPARATION OF PLAN.—The Secretary of the Navy shall
prepare the plan required under paragraph (1) in consultation
with the following:
(A) The Environmental Protection Agency.
(B) The Hawaii Department of Health.
(C) The United States Geological Survey.
(D) Any other relevant Federal or State agencies the
Secretary considers appropriate.
(c) IDENTIFICATION OF POINT OF CONTACT AT DEPARTMENT OF
DEFENSE.—Not later than 60 days after the date of the enactment
of this Act, to ensure clear and consistent communication relating
to defueling, closure, and release response, the Secretary of Defense
shall identify a single point of contact within the Office of the

H. R. 7776—129
Secretary of Defense to oversee and communicate with the public
and Members of Congress regarding the status of the Facility.
(d) WATER MONITORING BRIEFING.—Not later than 60 days
after the date of the enactment of this Act, the Secretary of the
Navy shall provide to the Committees on Armed Services of the
House of Representatives and the Senate a briefing on the status
of the ground water monitoring program—
(1) to monitor movement of the fuel plume in the aquifer
surrounding the Facility;
(2) to monitor long-term impacts to such aquifer and local
water bodies resulting from fuel releases from the Facility;
and
(3) to coordinate with the Agency for Toxic Substances
and Disease Registry of the Department of Health and Human
Services as the Agency conducts a follow up to the previously
conducted voluntary survey of individuals and entities potentially impacted by fuel releases from the Facility.
SEC. 333. REPORT ON BULK FUEL REQUIREMENTS APPLICABLE TO
UNITED STATES INDO-PACIFIC COMMAND.

(a) LIMITATION.—Of the funds authorized to be appropriated
by this Act or otherwise made available for fiscal year 2023 for
the Office of the Secretary of Defense for administration and servicewide activities, not more than 90 percent may be obligated or
expended until the Secretary of Defense submits to the congressional defense committees a report that includes the following elements:
(1) The bulk fuel requirements of the United States IndoPacific Command associated with the operational plans of the
command that involve the most stress on bulk fuel,
disaggregated by theater component commander, as such term
is defined in section 1513 of title 10, United States Code,
implementing the requirement.
(2) The hardening requirements of the United States IndoPacific Command associated with the distribution of bulk fuel
to support the proposed force laydown in the area of responsibility of such command.
(3) A bulk fuels connector strategy to reposition fuels within
the area of responsibility of such command, which shall include
a specific assessment of the following:
(A) The overall bulk fuel requirements for the force
structure of the surface fleet tankers of the Navy and
any specific requirements associated with the proposed
force laydown specified in paragraph (2).
(B) The intra-theater connector strategy of the Department of Defense to logistically support theater-specific bulk
fuel requirements.
(C) The bulk fuel requirements for light amphibious
warfare ships.
(4) An identification of the funding mechanisms used, or
proposed to be used, to meet each of the requirements specified
in paragraphs (1) through (3), including programmed and
unfunded requirements, and a description of any additional
staffing or resources necessary to meet such requirements.
(5) A risk assessment of the potential risk associated with
the denial of access to bulk fuel storage facilities located in
foreign countries, including a specific assessment of clauses

H. R. 7776—130
in contracts entered into by the Director of the Defense Logistics
Agency that provide for surety of access to such storage facilities, taking into account the insurance sought with respect
to such surety and the anticipated penalties for failing to provide such surety.
(b) INCLUSION IN SEPARATE REPORTS.—An element listed in
paragraphs (1) through (5) of subsection (a) shall be deemed to
be included in the report under subsection (a) if included in a
separate report submitted to the congressional defense committees
on or before the date of the submission of the report under such
subsection.
(c) FORM.—The report under subsection (a) shall be submitted
in an unclassified and publicly releasable form, but may contain
a classified annex.
SEC. 334. PLACEMENT OF SENTINEL OR MONITORING WELLS IN PROXIMITY TO RED HILL BULK FUEL STORAGE FACILITY.

(a) IN GENERAL.—Not later than April 1, 2023, the Secretary
of the Navy, in coordination with the Director of the United States
Geological Survey and the Administrator of the Environmental
Protection Agency, shall submit to the congressional defense
committees a report on the placement of sentinel or monitoring
wells in proximity to the Red Hill Bulk Fuel Storage Facility for
the purpose of monitoring and tracking the movement of fuel that
has escaped the Facility. Such report shall include—
(1) the number and location of new wells that have been
established during the 12-month period preceding the date
of the submission of the report;
(2) an identification of any new wells proposed to be established;
(3) an analysis of the need for any other wells;
(4) the proposed number and location of any such additional
wells; and
(5) the priority level of each proposed well based on—
(A) the optimal locations for new wells; and
(B) the capability of a proposed well to assist in monitoring and tracking the movement of fuel toward the
Halawa shaft, the Halawa Well, and the Aiea Well.
(b) QUARTERLY BRIEFINGS.—Not later than 30 days after the
submission of the report under subsection (a), and every 90 days
thereafter for 12 months, the Secretary of the Navy shall provide
to the congressional defense committees a briefing on the progress
of the Department of the Navy toward installing the wells described
in paragraphs (2) and (3) of subsection (a).
SEC. 335. STUDIES RELATING TO WATER NEEDS OF THE ARMED
FORCES ON OAHU.

(a) STUDY ON FUTURE WATER NEEDS OF OAHU.—
(1) IN GENERAL.—Not later than July 31, 2023, the Secretary of Defense shall conduct a study on how the Department
of Defense may best address the future water needs of the
Armed Forces on the island of Oahu. Such study shall include
consideration of—
(A) the construction of a new water treatment plant
or plants;
(B) the construction of a new well for use by members
of the Armed Forces and the civilian population;

H. R. 7776—131
(C) the construction of a new well for the exclusive
use of members of the Armed Forces;
(D) transferring ownership and operation of existing
Department of Defense utilities to a municipality or
existing publicly owned utility;
(E) conveying certain Navy utilities to the Honolulu
Board of Water Supply; and
(F) any other water solutions the Secretary of Defense
determines appropriate.
(2) CONSULTATION.—In carrying out the study under paragraph (1), the Secretary of Defense shall consult with the
Administrator of the Environmental Protection Agency, the
State of Hawaii, the Honolulu Board of Water Supply, and
any other entity the Secretary of Defense determines appropriate.
(3) REPORT; BRIEFING.—Upon completion of the study under
paragraph (1), the Secretary of Defense shall—
(A) submit to the appropriate congressional committees
a report on the findings of the study; and
(B) provide to the appropriate congressional committees a briefing on such findings.
(b) HYDROLOGICAL STUDIES.—
(1) GROUNDWATER FLOW MODEL STUDY.—Not later than
July 31, 2023, the Secretary of the Navy, in consultation with
the Administrator of the Environmental Protection Agency, the
Director of the United States Geological Survey, and the State
of Hawaii, shall commence the conduct of a new study, or
continue an existing study, to further refine the modeling of
groundwater flow in the area surrounding the Red Hill Bulk
Fuel Storage Facility. Such study shall be designed to—
(A) seek to improve the understanding of the direction
and rate of groundwater flow and dissolved fuel migration
within the aquifers in the area surrounding the facility;
(B) reflect site-specific data, including available data
of the heterogeneous subsurface geologic system of such
area; and
(C) address previously identified deficiencies in existing
groundwater flow models.
(2) DEADLINES FOR COMPLETION.—
(A) GROUNDWATER FLOW MODEL STUDY.—The study
under paragraph (1) shall be completed by not later than
one year after the date of the enactment of this Act.
(B) SUBSEQUENT STUDY.—Not later than one year after
the date on which the study under paragraph (1) is completed, the Secretary of the Navy shall complete a subsequent study to model contaminant fate and transport in
the area surrounding the Red Hill Bulk Fuel Storage
Facility.
(3) REPORTS; BRIEFINGS.—Upon completion of a study under
this subsection, the Secretary of the Navy shall—
(A) submit to the congressional defense committees
a report on the findings of the study; and
(B) provide to the congressional defense committees
a briefing on such findings.
(c) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In
this section, the term ‘‘appropriate congressional committees’’ means
the following:

H. R. 7776—132
(1) The congressional defense committees.
(2) The Committee on Energy and Commerce of the House
of Representatives.
(3) The Committee on Environment and Public Works of
the Senate.
SEC. 336. STUDY ON ALTERNATIVE USES FOR RED HILL BULK FUEL
STORAGE FACILITY.

(a) STUDY REQUIRED.—
(1) IN GENERAL.—Not later than 30 days after the date
of the enactment of this Act, the Secretary of Defense shall
seek to enter into an agreement with a federally funded
research and development center that meets the criteria specified in paragraph (2) under which such center will conduct
a study to determine the range of feasible alternative Department of Defense uses for the Red Hill Bulk Fuel Storage Facility
and provide to the Secretary a report on the findings of the
study. The conduct of such study shall include—
(A) engagement with stakeholders;
(B) a review of historical alternative uses of facilities
with similar characteristics; and
(C) such other modalities as determined necessary to
appropriately identify alternative use options, including
data and information collected from various stakeholders
and through site visits to physically inspect the facility.
(2) CRITERIA FOR FFRDC.—The federally funded research
and development center with which the Secretary seeks to
enter into an agreement under paragraph (1) shall meet the
following criteria:
(A) A primary focus on studies and analysis.
(B) A record of conducting research and analysis using
a multidisciplinary approach.
(C) Demonstrated specific competencies in—
(i) life cycle cost-benefit analysis;
(ii) military facilities and how such facilities support missions; and
(iii) the measurement of environmental impacts.
(D) A strong reputation for publishing publicly releasable analysis to inform public debate.
(b) COST-BENEFIT ANALYSIS.—An agreement entered into pursuant to subsection (a) shall specify that the study conducted under
the agreement will include a cost-benefit analysis of the feasible
Department of Defense alternative uses considered under the study.
Such cost-benefit analysis shall cover each of the following for
each such alternative use:
(1) The design and construction costs.
(2) Life-cycle costs, including the operation and maintenance costs of operating the facility, such as annual operating
costs, predicted maintenance costs, and any disposal costs at
the end of the useful life of the facility.
(3) Any potential military benefits.
(4) Any potential benefits for the local economy, including
any potential employment opportunities for members of the
community.
(5) A determination of environmental impact analysis
requirements.
(6) The effects of the use on future mitigation efforts.

H. R. 7776—133
(7) Any additional factors determined to be relevant by
the federally funded research and development center in consultation with the Secretary.
(c) 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, 2024.
(d) BRIEFING.—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 on the findings of the
study.
(e) PUBLIC AVAILABILITY.—
(1) FFRDC.—An agreement entered into pursuant to subsection (a) shall specify that the federally funded research
and development center shall make an unclassified version
of the report provided to the Secretary publicly available on
an appropriate website of the center.
(2) DEPARTMENT OF DEFENSE.—Upon receipt of such report,
the Secretary shall make an unclassified version of the report
publicly available on an appropriate website of the Department
of Defense.
SEC. 337. BRIEFING ON DEPARTMENT OF DEFENSE EFFORTS TO
TRACK HEALTH IMPLICATIONS OF FUEL LEAKS AT RED
HILL BULK FUEL STORAGE FACILITY.

(a) BRIEFING.—Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense, in consultation
with the Secretary of Health and Human Services, shall provide
to the congressional defense committees a briefing on the efforts
of the Secretary of Defense to appropriately track the health
implications of fuel leaks at the Red Hill Bulk Fuel Storage Facility
for members of the Armed Forces and dependents thereof, including
members of each Armed Force and dependents thereof. The briefing
shall include each of the following:
(1) A plan to coordinate with the Director of the Centers
for Disease Control and Prevention to align such efforts with
the public health assessment and monitoring efforts of the
Director.
(2) A description of any potential benefits of coordinating
and sharing data with the State of Hawaii Department of
Health.
(3) An analysis of the extent to which data from the State
of Hawaii Department of Health and data from other nonDepartment of Defense sources can and should be used in
any long-term health study relating to fuel leaks at the Red
Hill Bulk Fuel Storage Facility.
(4) A description of the potential health implications of
contaminants, including fuel, detected in the drinking water
distribution system at the Red Hill Bulk Fuel Storage Facility
during testing after the fuel leaks at such facility that occurred
in May and November 2021, respectively.
(5) A description of any contaminants, including fuel,
detected in the water supply at the Red Hill Bulk Fuel Storage
Facility during the 12-month period preceding the fuel leak
at such facility that occurred in November 2021.

H. R. 7776—134
(6) A description of any potential benefits of broadening
the tracing window to include indications of contaminants,
including fuel, in the drinking water supply at the Red Hill
Bulk Fuel Storage Facility prior to May 2021.
(b) ARMED FORCES DEFINED.—In this section, the term ‘‘Armed
Forces’’ has the meaning given that term in section 101 of title
10, United States Code.

Subtitle D—Treatment of Perfluoroalkyl
Substances and Polyfluoroalkyl Substances
SEC. 341. DEPARTMENT OF DEFENSE RESEARCH RELATING TO
PERFLUOROALKYL OR POLYFLUOROALKYL SUBSTANCES.

(a) PUBLICATION OF INFORMATION.—
(1) IN GENERAL.—Beginning not later than 180 days after
the date of the enactment of this Act, Secretary of Defense
shall publish on the publicly available website established
under section 331(b) of the National Defense Authorization
Act for Fiscal Year 2020 (Public Law 116–92; 10 U.S.C. 2701
note) timely and regularly updated information on the research
efforts of the Department of Defense relating to perfluoroalkyl
substances or polyfluoroalkyl substances, which shall include
the following:
(A) A description of any research collaboration or data
sharing by the Department with the Department of Veterans Affairs, the Agency for Toxic Substances and Disease
Registry, or any other agency (as defined in section 551
of title 5, United States Code), State, academic institution,
nongovernmental organization, or other entity.
(B) Regularly updated information on research projects
supported or conducted by the Department of Defense pertaining to the development, testing, and evaluation of a
fluorine-free firefighting foam or any other alternative to
aqueous film forming foam that contains perfluoroalkyl
substances or polyfluoroalkyl substances, excluding any
proprietary information that is business confidential.
(C) Regularly updated information on research projects
supported or conducted by the Department pertaining to
the health effects of perfluoroalkyl substances or
polyfluoroalkyl substances, including information relating
to the impact of such substances on firefighters, veterans,
and military families, and excluding any personally identifiable information.
(D) Regularly updated information on research projects
supported or conducted by the Department pertaining to
treatment options for drinking water, surface water, ground
water, and the safe disposal of perfluoroalkyl substances
or polyfluoroalkyl substances.
(E) Budget information, including specific spending
information for the research projects relating to
perfluoroalkyl substances or polyfluoroalkyl substances
that are supported or conducted by the Department.

H. R. 7776—135
(F) Such other matters as may be relevant to ongoing
research projects supported or conducted by the Department to address the use of perfluoroalkyl substances or
polyfluoroalkyl substances and the health effects of the
use of such substances.
(2) FORMAT.—The information published under paragraph
(1) shall be made available in a downloadable, machine-readable, open, and user-friendly format.
(3) DEFINITIONS.—In this subsection:
(A) The term ‘‘military installation’’ includes active,
inactive, and former military installations.
(B) The term ‘‘perfluoroalkyl substance’’ means a manmade chemical of which all of the carbon atoms are fully
fluorinated carbon atoms.
(C) The term ‘‘polyfluoroalkyl substance’’ means a manmade chemical containing a mix of fully fluorinated carbon
atoms,
partially
fluorinated
carbon
atoms,
and
nonfluorinated carbon atoms.
(b) INCLUSION OF RESEARCH DUTIES IN PERFLUOROALKYL SUBSTANCES AND POLYFLUOROALKYL SUBSTANCES TASK FORCE.—Section
2714(e) of title 10, United States Code, is amended by adding
at the end the following new paragraphs:
‘‘(5) Supporting research efforts relating to perfluoroalkyl
substances or polyfluoroalkyl substances.
‘‘(6) Establishing practices to ensure the timely and complete dissemination of research findings and related data
relating to perfluoroalkyl substances or polyfluoroalkyl substances to the general public.’’.
SEC. 342. INCREASE OF TRANSFER AUTHORITY FOR FUNDING OF
STUDY AND ASSESSMENT ON HEALTH IMPLICATIONS OF
PER- AND POLYFLUOROALKYL SUBSTANCES CONTAMINATION IN DRINKING WATER BY AGENCY FOR TOXIC SUBSTANCES AND DISEASE REGISTRY.

Section 316(a)(2)(B) of the National Defense Authorization Act
for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1350), as
amended by section 315(a) of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132
Stat. 1713), section 321 of the National Defense Authorization Act
for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1307), section
337 of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116–283; 134
Stat. 3533), and section 342 of the National Defense Authorization
Act for Fiscal Year 2022 (Public Law 117–81; 135 Stat. 1643),
is further amended—
(1) in clause (ii), by striking ‘‘2023’’ and inserting ‘‘2022’’;
and
(2) by adding at the end the following new clause:
‘‘(iii) Without regard to section 2215 of title 10, United
States Code, the Secretary of Defense may transfer not
more than $20,000,000 during fiscal year 2023 to the Secretary of Health and Human Services to pay for the study
and assessment required by this section.’’.

H. R. 7776—136
SEC. 343. PRIZES FOR DEVELOPMENT OF NON-PFAS-CONTAINING
TURNOUT GEAR.

Section 330 of the National Defense Authorization Act for Fiscal
Year 2021 (Public Law 116–283; 134 Stat. 3528; 10 U.S.C. 2661
note prec.) is amended—
(1) in subsection (a)—
(A) by striking ‘‘of a non-PFAS-containing’’ and
inserting ‘‘of the following:’’
‘‘(1) A non-PFAS-containing’’; and
(B) by adding at the end the following new paragraph:
‘‘(2) Covered personal protective firefighting equipment that
does not contain an intentionally added perfluoroalkyl substance or polyfluoroalkyl substance.’’; and
(2) by amending subsection (f) to read as follows:
‘‘(f) DEFINITIONS.—In this section:
‘‘(1) The term ‘perfluoroalkyl substance’ means a man-made
chemical of which all of the carbon atoms are fully fluorinated
carbon atoms.
‘‘(2) The term ‘polyfluoroalkyl substance’ means a manmade chemical containing at least one fully fluorinated carbon
atom and at least one non-fully fluorinated carbon atom.
‘‘(3) The term ‘covered personal protective firefighting
equipment’’ means the following:
‘‘(A) Turnout gear jacket or coat.
‘‘(B) Turnout gear pants.
‘‘(C) Turnout coveralls.
‘‘(D) Any other personal protective firefighting equipment, as determined by the Secretary of Defense, in consultation with the Administrator of the United States Fire
Administration.’’.
SEC. 344. MODIFICATION OF LIMITATION ON DISCLOSURE OF RESULTS
OF
TESTING
FOR
PERFLUOROALKYL
OR
POLYFLUOROALKYL SUBSTANCES ON PRIVATE PROPERTY.

Section 345(a)(2) of the National Defense Authorization Act
for Fiscal Year 2022 (Public Law 117–81; 10 U.S.C. 2715 note)
is amended by inserting ‘‘personally identifiable information in
connection with’’ after ‘‘publicly disclose’’.
SEC. 345. RESTRICTION ON PROCUREMENT OR PURCHASING BY
DEPARTMENT OF DEFENSE OF TURNOUT GEAR FOR FIREFIGHTERS CONTAINING PERFLUOROALKYL SUBSTANCES
OR POLYFLUOROALKYL SUBSTANCES.

(a) PROHIBITION ON PROCUREMENT AND PURCHASING.—Subject
to subsection (d), beginning on October 1, 2026, the Secretary of
Defense may not enter into a contract to procure or purchase
covered personal protective firefighting equipment for use by Federal or civilian firefighters if such equipment contains an intentionally added perfluoroalkyl substance or polyfluoroalkyl substance.
(b) IMPLEMENTATION.—
(1) INCLUSION IN CONTRACTS.—The Secretary of Defense
shall include the prohibition under subsection (a) in any contract entered into by the Department of Defense to procure
covered personal protective firefighting equipment for use by
Federal or civilian firefighters.

H. R. 7776—137
(2) NO OBLIGATION TO TEST.—In carrying out the prohibition under subsection (a), the Secretary shall not have an
obligation to test covered personal protective firefighting equipment to confirm the absence of perfluoroalkyl substances or
polyfluoroalkyl substances.
(c) EXISTING INVENTORY.—Nothing in this section shall impact
existing inventories of covered personal protective firefighting equipment.
(d) AVAILABILITY OF ALTERNATIVES.—
(1) IN GENERAL.—The requirement under subsection (a)
shall be subject to the availability of sufficiently protective
covered personal protective firefighting equipment that does
not contain intentionally added perfluoroalkyl substances or
polyfluoroalkyl substances.
(2) EXTENSION OF EFFECTIVE DATE.—If the Secretary of
Defense determines that no sufficiently protective covered personal protective firefighting equipment that does not contain
intentionally added perfluoroalkyl substances or polyfluoroalkyl
substances is available, the deadline under subsection (a) shall
be extended until the Secretary determines that such covered
personal protective firefighting equipment is available.
(e) DEFINITIONS.—In this section:
(1) The term ‘‘covered personal protective firefighting equipment’’ means—
(A) any product that provides protection to the upper
and lower torso, arms, legs, head, hands, and feet; or
(B) any other personal protective firefighting equipment, as determined by the Secretary of Defense.
(2) The term ‘‘perfluoroalkyl substance’’ means a man-made
chemical of which all of the carbon atoms are fully fluorinated
carbon atoms.
(3) The term ‘‘polyfluoroalkyl substance’’ means a manmade chemical containing at least one fully fluorinated carbon
atom and at least one non-fully fluorinated carbon atom.
SEC. 346. ANNUAL REPORT ON PFAS CONTAMINATION AT CERTAIN
MILITARY INSTALLATIONS FROM SOURCES OTHER THAN
AQUEOUS FILM-FORMING FOAM.

Not later than one year after the date of the enactment of
this Act, and annually thereafter for the following four years, the
Under Secretary of Defense for Acquisition and Sustainment shall
submit to the congressional defense committees a report on any
known or suspected contamination on or around military installations located in the United States resulting from the release of
any perfluoroalkyl substance or polyfluoroalkyl substance originating from a source other than aqueous film-forming foam.
SEC. 347. REPORT ON CRITICAL PFAS USES; BRIEFINGS ON DEPARTMENT OF DEFENSE PROCUREMENT OF CERTAIN ITEMS
CONTAINING PFOS OR PFOA.

(a) IDENTIFICATION OF CRITICAL USES.—Not later than June
1, 2023, the Secretary of Defense, in consultation with the Defense
Critical Supply Chain Task Force and the Chemical and Material
Risk Management Program of the Department of Defense, shall
submit to the Committees on Armed Services of the House of
Representatives and the Senate a report outlining the uses of
perfluoroalkyl substances and polyfluoroalkyl substances that are

H. R. 7776—138
critical to the national security of the United States, with a focus
on such critical uses in—
(1) the sectors outlined in the February 2022 report of
the Department of Defense titled ‘‘Securing Defense-Critical
Supply Chains’’; and
(2) sectors of strategic importance for domestic production
and investment to build supply chain resilience, including
kinetic capabilities, energy storage and batteries, and microelectronics and semiconductors.
(b) ANNUAL BRIEFINGS.—Not later than 270 days after the
date of the enactment of this Act, and annually thereafter, the
Secretary of Defense shall provide to the Committees on Armed
Services of the House of Representatives and the Senate a briefing
that includes a description of each of the following:
(1) Steps taken to identify covered items procured by the
Department of Defense that contain perfluorooctane sulfonate
(PFOS) or perfluorooctanoic acid (PFOA).
(2) Steps taken to identify products and vendors of covered
items that do not contain PFOS or PFOA.
(3) Steps taken to limit the procurement by the Department
of covered items that contain PFOS or PFOA.
(4) Steps the Secretary intends to take to limit the procurement of covered items that contain PFOS or PFOA.
(c) COVERED ITEM DEFINED.—In this section, the term ‘‘covered
item’’ means—
(1) nonstick cookware or cooking utensils for use in galleys
or dining facilities; and
(2) upholstered furniture, carpets, and rugs that have been
treated with stain-resistant coatings.

Subtitle E—Logistics and Sustainment
SEC. 351. RESOURCES REQUIRED FOR ACHIEVING MATERIEL READINESS METRICS AND OBJECTIVES FOR MAJOR DEFENSE
ACQUISITION PROGRAMS.

(a) IN GENERAL.—Section 118 of title 10, United States Code,
is amended:
(1) in subsection (d)(2), by striking ‘‘objectives’’ and
inserting ‘‘objectives, such as infrastructure, workforce, or
supply chain considerations’’;
(2) redesignating subsection (e) as subsection (f); and
(3) inserting after subsection (d) the following new subsection (e):
‘‘(e) FUNDING ESTIMATES.—Not later than five days after the
date on which the Secretary of Defense submits to Congress the
materials in support of the budget of the President for a fiscal
year, the Director of Cost Assessment and Performance Evaluation
shall submit to the congressional defense committees a comprehensive estimate of the funds necessary to meet the materiel readiness
objectives required by subsection (c) through the period covered
by the most recent future-years defense program. At a minimum,
the Director shall provide, for each major weapon system, by designated mission design series, variant, or class, a comprehensive
estimate of the funds necessary to meet such objectives that—

H. R. 7776—139
‘‘(1) have been obligated by subactivity group within the
operation and maintenance accounts for the second fiscal year
preceding the budget year;
‘‘(2) the Director estimates will have been obligated by
subactivity group within the operation and maintenance
accounts by the end of the fiscal year preceding the budget
year; and
‘‘(3) have been budgeted and programmed across the future
years defense program within the operation and maintenance
accounts by subactivity group.’’.
(b) PHASED IMPLEMENTATION.—The Director of Cost Assessment
and Performance Evaluation may meet the requirements of subsection (e) of section 118 of title 10, United States Code, as added
by subsection (a), through a phased submission of the funding
estimates required under such subsection. In conducting a phased
implementation, the Director shall ensure that—
(1) for the budget request for fiscal year 2024, funding
estimates are provided for a representative sample by military
department of at least one-third of the major weapon systems;
(2) for the budget request for fiscal year 2025, funding
estimates are provided for an additional one-third of the major
weapon systems; and
(3) full implementation for all major weapons systems is
completed not later than five days after the date on which
the Secretary of Defense submits to Congress the materials
in support of the budget of the President for fiscal year 2026.
SEC. 352. ANNUAL PLAN FOR MAINTENANCE AND MODERNIZATION
OF NAVAL VESSELS.

(a) ANNUAL PLAN.—Section 231 of title 10, United States Code,
is amended—
(1) in the heading, by inserting ‘‘, maintenance, and
modernization’’ after ‘‘construction’’;
(2) by redesignating subsections (d) through (f) as subsections (e) through (g), respectively;
(3) by inserting after subsection (c) the following new subsection:
‘‘(d) ANNUAL PLAN FOR MAINTENANCE AND MODERNIZATION OF
NAVAL VESSELS.—In addition to the plan included under subsection
(a)(1), the Secretary of Defense shall include with the defense
budget materials for a fiscal year each of the following:
‘‘(1) A plan for the maintenance and modernization of naval
vessels that includes the following:
‘‘(A) A forecast of the maintenance and modernization
requirements for both the naval vessels in the inventory
of the Navy and the vessels required to be delivered under
the naval vessel construction plan under subsection (a)(1).
‘‘(B) A description of the initiatives of the Secretary
of the Navy to ensure that activities key to facilitating
the maintenance and modernization of naval vessels
(including with respect to increasing workforce and industrial base capability and capacity, shipyard level-loading,
and facility improvements) receive sufficient resourcing,
and are including in appropriate planning, to facilitate
the requirements specified in subparagraph (A).

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‘‘(2) A certification by the Secretary that both the budget
for that fiscal year and the future-years defense program submitted to Congress in relation to such budget under section
221 of this title provide for funding for the maintenance and
modernization of naval vessels at a level that is sufficient
for such maintenance and modernization in accordance with
the plan under paragraph (1).’’; and
(4) in subsection (f), as redesignated by paragraph (2),
by inserting ‘‘ and the plan and certification under subsection
(d)’’ after ‘‘subsection (a)’’.
(b) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 9 of title 10, United States Code, is amended
by striking the item relating to section 231 and inserting the
following new item:
‘‘231. Budgeting for construction, maintenance, and modernization of naval vessels:
annual plan and certification.’’.
SEC. 353. INCLUSION OF INFORMATION REGARDING JOINT MEDICAL
ESTIMATES IN READINESS REPORTS.

Section 482(b) of title 10, United States Code, is amended—
(1) by redesignating paragraph (11) as paragraph (12);
and
(2) by inserting after paragraph (10) the following new
paragraph:
‘‘(11) A summary of the joint medical estimate under section
732(b)(1) of the John S. McCain National Defense Authorization
Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 1817)
prepared by the Joint Staff Surgeon, with a mitigation plan
to correct any readiness problem or deficiency and the timeline,
cost, and any legislative action required to correct any such
problem or deficiency.’’.
SEC. 354. INAPPLICABILITY OF ADVANCE BILLING DOLLAR LIMITATION FOR RELIEF EFFORTS FOLLOWING MAJOR DISASTERS OR EMERGENCIES.

Section 2208(l)(3) of title 10, United States Code, is amended—
(1) by striking ‘‘The total’’ and inserting ‘‘(A) Except as
provided in subparagraph (B), the total’’; and
(2) by adding at the end the following new subparagraph:
‘‘(B) The dollar limitation under subparagraph (A) shall not
apply with respect to advance billing for relief efforts following
a declaration of a major disaster or emergency under the Robert
T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5121 et seq.).’’.
SEC. 355. REPEAL OF COMPTROLLER GENERAL REVIEW ON TIME
LIMITATIONS ON DURATION OF PUBLIC-PRIVATE COMPETITIONS.

Section 322(c) of the National Defense Authorization Act for
Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2252) is repealed.
SEC.

356.

IMPLEMENTATION OF COMPTROLLER GENERAL RECOMMENDATIONS REGARDING SHIPYARD INFRASTRUCTURE OPTIMIZATION PLAN OF THE NAVY.

(a) IN GENERAL.—Not later than March 1, 2023, the Secretary
of the Navy shall—
(1) develop metrics for assessing progress of the Secretary
toward improved shipyard capacity and performance in carrying

H. R. 7776—141
out the Shipyard Infrastructure Optimization Plan of the Navy,
including by measuring the effectiveness of capital investments;
(2) ensure that the shipyard optimization program office
of the Navy—
(A) includes all costs, such as inflation, program office
activities, utilities, roads, environmental remediation, historic preservation, and alternative workspace when developing a detailed cost estimate; and
(B) uses cost estimating best practices in developing
a detailed cost estimate, including—
(i) a program baseline;
(ii) a work breakdown structure;
(iii) a description of the methodology and key
assumptions;
(iv) a consideration of inflation;
(v) a full assessment of risk and uncertainty; and
(vi) a sensitivity analysis; and
(3) obtain independent cost estimates for projects under
the shipyard optimization program that are estimated to exceed
$250,000,000, to validate the cost estimates of the Navy developed for such projects pursuant to paragraph (2) and inform
the prioritization of projects under such program.
(b) BRIEFING.—If the Secretary of the Navy is unable to implement the requirements under subsection (a) by March 1, 2023,
the Secretary shall brief the Committees on Armed Services of
the Senate and the House of Representatives before such date
on—
(1) the current progress of the Secretary toward implementing those requirements;
(2) any hindrance to implementing those requirements;
and
(3) any additional resources necessary to implement those
requirements.
SEC. 357. LIMITATION ON AVAILABILITY OF FUNDS FOR MILITARY
INFORMATION SUPPORT OPERATIONS.

Of the funds authorized to be appropriated by this Act or
otherwise made available for Operation and Maintenance, DefenseWide, for military information support operations, not more than
75 percent may be obligated or expended until the Secretary of
Defense submits to the congressional defense committees a plan
for—
(1) appropriately scoping and tailoring messaging activities
to foreign target audiences;
(2) ensuring messages serve a valid military purpose;
(3) effectively managing risk associated with web-based
military information support operations;
(4) maintaining alignment with policies and procedures
of the Department of Defense;
(5) adequately overseeing and approving the work of contractors;
(6) ensuring alignment with policy guidance and procedures
of the Department; and
(7) coordinating activities with the Global Engagement
Center of the Department of State and other relevant nonDepartment of Defense entities.

H. R. 7776—142
SEC. 358. NOTIFICATION OF MODIFICATION TO POLICY REGARDING
RETENTION RATES FOR NAVY SHIP REPAIR CONTRACTS.

(a) NOTIFICATION.—The Secretary of the Navy may not modify
the general policy of the Department of the Navy regarding retention rates for contracts for Navy ship repair until a period of
15 days has elapsed following the date on which the Assistant
Secretary of the Navy for Research, Development, and Acquisition
submits to the congressional defense committees a notification that
includes, with respect to such modification, the following information:
(1) An identification of any considerations that informed
the decision to so modify.
(2) A description of the desired effect of the modification
on the Navy ship repair industrial base.
(b) TERMINATION.—This section, and the requirements thereof,
shall terminate on September 30, 2025.
SEC. 359. RESEARCH AND ANALYSIS ON CAPACITY OF PRIVATE SHIPYARDS IN UNITED STATES AND EFFECT OF THOSE SHIPYARDS ON NAVAL FLEET READINESS.

(a) IN GENERAL.—Not later than 60 days after the date of
the enactment of this Act, the Secretary of the Navy shall seek
to enter into an agreement with a nonprofit entity or a federally
funded research and development center to conduct research and
analysis regarding the capacity and capability of private shipyards
in the United States to repair, maintain, and modernize surface
combatants and support ships of the Navy to ensure fleet readiness.
(b) ELEMENTS.—The research and analysis conducted under
subsection (a) shall include the following:
(1) An assessment of the maintenance needs of the Navy
during the five-year period preceding the date of the enactment
of this Act, including the frequency of unplanned maintenance
and the average time it takes to repair ships.
(2) An assessment of the projected maintenance needs of
the Navy during the 10-year period following such date of
enactment.
(3) An assessment of whether current private shipyards
in the United States have the capacity to meet current and
anticipated needs of the Navy to maintain and repair ships,
including whether there are adequate ship repair facilities and
a sufficiently trained workforce.
(4) An identification of barriers limiting the success of
intermediate-level and depot-level maintenance availabilities,
including constraints of adding private depot capacity and capability.
(5) Recommendations based on the findings of paragraphs
(1) through (4) regarding actions the Secretary of the Navy
can take to ensure there is an industrial base of private ship
repair facilities to meet the needs of the Navy and ensure
fleet readiness, including whether the Secretary should
institute a new force generation model, establish additional
homeport facilities, or establish new hub-type maintenance
facilities.
(c) INPUT FROM PRIVATE SHIPYARDS.—In conducting research
and analysis under subsection (a), the nonprofit entity or federally
funded research and development center with which the Secretary

H. R. 7776—143
of the Navy enters into an agreement under subsection (a) shall
consult with private shipyards regarding—
(1) the fleet maintenance needs of surface combatant and
support ships of the Navy;
(2) private shipyard capacity, including workforce; and
(3) additional investment in private shipyards necessary
to meet the needs of the Navy.
(d) REPORT.—
(1) IN GENERAL.—Not later than 180 days after the date
of the enactment of this Act, the nonprofit entity or federally
funded research and development center with which the Secretary of the Navy enters into an agreement under subsection
(a) shall submit to the Secretary a report on the results of
the research and analysis undertaken under such subsection.
(2) SUBMISSION TO CONGRESS.—Not later than 30 days after
the Secretary receives the report under paragraph (1), the
Secretary shall submit to the congressional defense committees
a copy of the report.
SEC. 360. INDEPENDENT STUDY RELATING TO FUEL DISTRIBUTION
LOGISTICS ACROSS UNITED STATES INDO-PACIFIC COMMAND.

(a) STUDY.—Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall seek to enter
into a contract with a federally funded research and development
center that meets the criteria under subsection (b) to conduct a
study on fuel distribution logistics in the area of responsibility
of the United States Indo-Pacific Command.
(b) CRITERIA FOR FFRDC.—The criteria under this subsection
are the following:
(1) A primary focus on the conduct of studies and analysis.
(2) A demonstrated record of conducting research and analysis using a multidisciplinary approach.
(3) A strong reputation for publishing publicly releasable
analysis to inform public debate.
(c) IDA STRATEGIC FUEL ASSESSMENT.—In conducting the study
pursuant to a contract under subsection (a), the federally funded
research and development center shall use the results of the July
1, 2020, report of the Institute for Defense Analyses titled
‘‘INDOPACOM Strategic Fuel Assessment’’ as a baseline to inform
its analysis of fuel distribution logistics in the area of responsibility
of the United States Indo-Pacific Command.
(d) ELEMENTS.—A contract under subsection (a) shall provide
that a study conducted under the contract shall include, with respect
to the area of responsibility of the United States Indo-Pacific Command, the following:
(1) An evaluation of the vulnerabilities associated with
the production, refinement, and distribution of fuel by the
Armed Forces during periods of conflict and in contested logistics environments within the area, including with respect to
the capability of the Armed Forces to sustain operational flights
by aircraft and joint force distributed operations.
(2) An assessment of potential adversary capabilities to
disrupt such fuel distribution in the area through a variety
of means, including financial means, cyber means, and conventional kinetic attacks.

H. R. 7776—144
(3) An assessment of any gaps in the capability or capacity
of inter- or intra-theater fuel distribution, including any gaps
relating to storage, transfer platforms, manning for platforms,
command and control, or fuel handling.
(4) An evaluation of the positioning of defense fuel support
points in the area, including with respect to operational suitability and vulnerability to a variety of kinetic threats.
(5) An assessment of the readiness of allies and partners
of the United States to support the supply, storage, and distribution of fuel by the Armed Forces in the area, including
a review of any relevant security cooperation agreements
entered into between the United States and such allies and
partners.
(6) An assessment of potential actions to mitigate any
vulnerabilities identified pursuant to the study.
(e) REPORT.—
(1) SUBMISSION TO SECRETARY OF DEFENSE.—
(A) IN GENERAL.—A contract under subsection (a) shall
provide that a study conducted under the contract shall
require that the federally funded research and development
center submit to the Secretary a report containing the
findings of such study.
(B) FORM.—The report under subparagraph (A) shall
be submitted in an unclassified and publicly releasable
form, but may include a classified annex.
(2) SUBMISSION TO CONGRESS.—Not later than 30 days after
the date on which the Secretary receives the report under
paragraph (1)(A), the Secretary shall submit to the appropriate
congressional committees a copy of such report, submitted without change.
(f) DEFINITIONS.—In this section:
(1) The term ‘‘appropriate congressional committees’’
means—
(A) the congressional defense committees;
(B) the Committee on Transportation and Infrastructure of the House of Representatives; and
(C) the Committee on Commerce, Science, and
Transportation of the Senate.
(2) The term ‘‘contested logistics environment’’ has the
meaning given such term in section 2926 of title 10, United
States Code.
SEC. 361. QUARTERLY BRIEFINGS ON EXPENDITURES FOR ESTABLISHMENT OF FUEL DISTRIBUTION POINTS IN UNITED STATES
INDO-PACIFIC COMMAND AREA OF RESPONSIBILITY.

(a) QUARTERLY BRIEFINGS.—On a quarterly basis until the date
that is two years after the date of the enactment of this Act,
the Commander of United States Indo-Pacific Command shall provide to the congressional defense committees briefings on the use
of the funds described in subsection (c).
(b) CONTENTS OF BRIEFINGS.—Each briefing under subsection
(a) shall include an expenditure plan for the establishment of fuel
distribution points in the area of responsibility of United States
Indo-Pacific Command relating to the defueling and closure of the
Red Hill Bulk Fuel Storage Facility.
(c) FUNDS DESCRIBED.—The funds described in this subsection
are the amounts authorized to be appropriated or otherwise made

H. R. 7776—145
available for fiscal year 2023 for Military Construction, Defensewide for Planning and Design for United States Indo-Pacific Command.

Subtitle F—Matters Relating to Depots and
Ammunition Production Facilities
SEC. 371. BUDGETING FOR DEPOT AND AMMUNITION PRODUCTION
FACILITY MAINTENANCE AND REPAIR: ANNUAL REPORT.

Chapter 9 of title 10, United States Code, is amended by
adding at the end the following new section (and conforming the
table of sections at the beginning of such chapter accordingly):
‘‘§ 239d. Budgeting for depot and ammunition production
facility maintenance and repair: annual report
‘‘(a) ANNUAL REPORT.—The Secretary of Defense, in coordination with the Secretaries of the military departments, shall include
with the defense budget materials for each fiscal year a report
regarding the maintenance and repair of covered facilities.
‘‘(b) ELEMENTS.—Each report required under subsection (a)
shall include, at a minimum, the following (disaggregated by military department):
‘‘(1) With respect to each of the three fiscal years preceding
the fiscal year covered by the defense budget materials with
which the report is included, revenue data for that fiscal year
for the maintenance, repair, and overhaul workload funded
at all the depots of the military department.
‘‘(2) With respect to the fiscal year covered by the defense
budget materials with which the report is included and each
of the two fiscal years prior, an identification of the following:
‘‘(A) The amount of appropriations budgeted for that
fiscal year for depots, further disaggregated by the type
of appropriation.
‘‘(B) The amount budgeted for that fiscal year for
working-capital fund investments by the Secretary of the
military department for the capital budgets of the covered
depots of the military department, shown in total and
further disaggregated by whether the investment relates
to the efficiency of depot facilities, work environment,
equipment, equipment (non-capital investment program),
or processes.
‘‘(C) The total amount required to be invested by the
Secretary of the military department for that fiscal year
for the capital budgets of covered depots pursuant to section
2476(a) of this title.
‘‘(D) A comparison of the budgeted amount identified
under subparagraph (B) with the total required amount
identified under subparagraph (C).
‘‘(E) For each covered depot of the military department,
of the total required amount identified under subparagraph
(C), the percentage of such amount allocated, or projected
to be allocated, to the covered depot for that fiscal year.
‘‘(3) For each covered facility of the military department,
the following:
‘‘(A) Information on the average facility condition, average critical facility condition, restoration and maintenance

H. R. 7776—146
project backlog, and average equipment age, including a
description of any changes in such metrics from previous
years.
‘‘(B) Information on the status of the implementation
at the covered facility of the plans and strategies of the
Department of Defense relating to covered facility improvement, including, as applicable, the implementation of the
strategy required under section 359 of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116–
92; 133 Stat. 1323; 10 U.S.C. 2460 note).
‘‘(c) DEFINITIONS.—In this section:
‘‘(1) The term ‘ammunition production facility’ means an
ammunition organic industrial base production facility.
‘‘(2) The terms ‘budget’ and ‘defense budget materials’ have
the meaning given those terms in section 234 of this title.
‘‘(3) The term ‘covered depot’ has the meaning given that
term in section 2476 of this title.
‘‘(4) The term ‘covered facility’ means a covered depot or
an ammunition production facility.’’.
SEC. 372. EXTENSION OF AUTHORIZATION OF DEPOT WORKING CAPITAL FUNDS FOR UNSPECIFIED MINOR MILITARY
CONSTRUCTION.

Section 2208(u)(4) of title 10, United States Code, is amended
by striking ‘‘2023’’ and inserting ‘‘2025’’.
SEC. 373. FIVE-YEAR PLANS FOR IMPROVEMENTS TO DEPOT AND
AMMUNITION PRODUCTION FACILITY INFRASTRUCTURE.

Chapter 146 of title 10, United States Code, is amended by
inserting after section 2742 the following new section (and conforming the table of sections at the beginning of such chapter
accordingly):
‘‘§ 2473. Annual five-year plans on improvement of depot
infrastructure
‘‘(a) SUBMISSION.—As part of the annual budget submission
of the President under section 1105(a) of title 31, each Secretary
of a military department shall submit to the congressional defense
committees a plan describing the objectives of that Secretary to
improve depot infrastructure during the five fiscal years following
the fiscal year for which such budget is submitted.
‘‘(b) ELEMENTS.—Each plan submitted by a Secretary of a military department under subsection (a) shall include the following:
‘‘(1) With respect to the five-year period covered by the
plan, an identification of the major lines of effort, milestones,
and specific goals of the Secretary over such period relating
to the improvement of depot infrastructure and a description
of how such goals support the goals outlined in section
359(b)(1)(B) of the National Defense Authorization Act for Fiscal
Year 2020 (Public Law 116–92; 133 Stat. 1324; 10 U.S.C. 2476
note).
‘‘(2) The estimated costs of necessary depot infrastructure
improvements and a description of how such costs would be
addressed by the Department of Defense budget request submitted during the same year as the plan and the applicable
future-years defense program.
‘‘(3) Information regarding the plan of the Secretary to
initiate such environmental and engineering studies as may

H. R. 7776—147
be necessary to carry out planned depot infrastructure improvements.
‘‘(4) Detailed information regarding how depot infrastructure improvement projects will be paced and sequenced to
ensure continuous operations.
‘‘(c) INCORPORATION OF RESULTS-ORIENTED MANAGEMENT PRACTICES.—Each plan under subsection (a) shall incorporate the leading
results-oriented management practices identified in the report of
the Comptroller General of the United States titled ‘Actions Needed
to Improve Poor Conditions of Facilities and Equipment that Affect
Maintenance Timeliness and Efficiency’ (GAO–19–242), or any successor report, including—
‘‘(1) analytically based goals;
‘‘(2) results-oriented metrics;
‘‘(3) the identification of required resources, risks, and
stakeholders; and
‘‘(4) regular reporting on progress to decision makers.’’.
SEC. 374. MODIFICATION TO MINIMUM CAPITAL INVESTMENT FOR
CERTAIN DEPOTS.

(a) MODIFICATION.—Section 2476 of title 10, United States
Code, is amended—
(1) in subsection (a)—
(A) by striking ‘‘Each fiscal year’’ and inserting ‘‘(1)
Each fiscal year’’;
(B) by striking ‘‘six’’ and inserting ‘‘eight’’; and
(C) by inserting after paragraph (1), as designated
by subparagraph (A), the following new paragraph:
‘‘(2) Of the amount required to be invested in the capital budgets
of the covered depots of a military department under paragraph
(1) for each fiscal year—
‘‘(A) 75 percent shall be used for the modernization or
improvement of the efficiency of depot facilities, equipment,
work environment, or processes in direct support of depot operations; and
‘‘(B) 25 percent shall be used for the sustainment, restoration, and modernization (as such terms are defined in the
Department of Defense Financial Management Regulation
7000.14–R, or successor regulation) of existing facilities or infrastructure.’’;
(2) in subsection (b), by striking ‘‘, but does not include
funds spent for sustainment of existing facilities, infrastructure,
or equipment’’;
(3) by redesignating subsections (c) through (e) as subsections (d) through (f);
(4) by inserting after subsection (b) the following new subsection:
‘‘(c) COMPLIANCE WITH CERTAIN REQUIREMENTS RELATING TO
PERSONNEL AND TOTAL FORCE MANAGEMENT.—In identifying
amounts to invest pursuant to the requirement under subsection
(a)(1), the Secretary of a military department shall comply with
all applicable requirements of sections 129 and 129a of this title.’’;
and
(5) in subsection (e)(2), as redesignated by paragraph (3),
by adding at the end the following new subparagraph:
‘‘(F) A table enumerating, for the period covered by the
report, the amounts invested to meet the requirement under

H. R. 7776—148
subsection (a)(1), disaggregated by funding source and whether
the amount is allocated pursuant to subparagraph (A) or
subparagraph (B) of subsection (a)(2).’’.
(b) TECHNICAL AND CONFORMING AMENDMENTS.—
(1) IN GENERAL.—Such section is further amended in subsections (d) and (e), as redesignated by subsection (a)(3), by
striking ‘‘subsection (a)’’ and inserting ‘‘subsection (a)(1)’’ each
place it appears.
(2) ADDITIONAL TECHNICAL AND CONFORMING AMENDMENTS.—Section 2861(b) of title 10, United States Code, is
amended—
(A) by striking ‘‘subsection (e) of section 2476’’ and
inserting ‘‘subsection (f) of section 2476’’; and
(B) by striking ‘‘subsection (a) of such section’’ and
inserting ‘‘subsection (a)(1) of such section’’.
(c) APPLICABILITY.—The amendments made by this section shall
apply with respect to fiscal years beginning on or after October
1, 2023.
SEC. 375. CONTINUATION OF REQUIREMENT FOR BIENNIAL REPORT
ON CORE DEPOT-LEVEL MAINTENANCE AND REPAIR.

(a) IN GENERAL.—Section 1080(a) of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129
Stat. 1000; 10 U.S.C. 111 note) does not apply to the report required
to be submitted to Congress under section 2464(d) of title 10,
United States Code.
(b) CONFORMING REPEAL.—Section 1061(c) of the National
Defense Authorization Act for Fiscal Year 2017 (Public Law 114–
328; 130 Stat. 2401; 10 U.S.C. 111 note) is amended by striking
paragraph (45).
SEC. 376. CONTINUATION OF REQUIREMENT FOR ANNUAL REPORT
ON FUNDS EXPENDED FOR PERFORMANCE OF DEPOTLEVEL MAINTENANCE AND REPAIR WORKLOADS.

(a) IN GENERAL.—Section 1080(a) of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129
Stat. 1000; 10 U.S.C. 111 note) does not apply to the report required
to be submitted to Congress under section 2466(d) of title 10,
United States Code.
(b) CONFORMING REPEAL.—Section 1061(c) of the National
Defense Authorization Act for Fiscal Year 2017 (Public Law 114–
328; 130 Stat. 2401; 10 U.S.C. 111 note) is amended by striking
paragraph (46).
SEC. 377. CLARIFICATION OF CALCULATION FOR CERTAIN WORKLOAD
CARRYOVER OF DEPARTMENT OF THE ARMY.

For purposes of calculating the amount of workload carryover
with respect to the depots and arsenals of the Department of
the Army, the Secretary of Defense shall authorize the Secretary
of the Army to use a calculation for such carryover that applies
a material end of period exclusion.

Subtitle G—Other Matters
SEC. 381. ANNUAL REPORTS BY DEPUTY SECRETARY OF DEFENSE ON
ACTIVITIES OF JOINT SAFETY COUNCIL.

Section 184(k) of title 10, United States Code is amended—

H. R. 7776—149
(1) by striking ‘‘REPORT.—The Chair’’ and inserting
‘‘REPORTS.—(1) The Chair’’; and
(2) by adding at the end the following new paragraph:
‘‘(2) Not later than March 31, 2023, and not later than
December 31 of each year thereafter, the Deputy Secretary of
Defense shall submit to the congressional defense committees a
report containing—
‘‘(A) a summary of the goals and priorities of the Deputy
Secretary for the year following the date of the submission
of the report with respect to the activities of the Council;
and
‘‘(B) an assessment by the Deputy Secretary of the activities
of the Council carried out during the year preceding the date
of such submission.’’.
SEC. 382. ACCOUNTABILITY FOR DEPARTMENT OF DEFENSE CONTRACTORS USING MILITARY WORKING DOGS.

(a) IN GENERAL.—Chapter 50 of title 10, United States Code,
is amended by adding at the end the following new section (and
conforming the table of sections at the beginning of such chapter
accordingly):
‘‘§ 995. Accountability for contractors using military working
dogs
‘‘(a) ANNUAL REPORTING REQUIREMENT FOR CONTRACTORS.—
Each covered contract shall specify that the contractor is required
to submit to the Under Secretary of Defense (Comptroller), on
an annual basis for the duration of the covered contract, a report
containing an identification of—
‘‘(1) the number of military working dogs that are in the
possession of the covered contractor and located outside of
the continental United States in support of a military operation,
if any; and
‘‘(2) the primary location of any such military working
dogs.
‘‘(b) COVERED CONTRACT DEFINED.—In this section the term
‘covered contract’ means a contract that the Secretary of Defense
determines involves military working dogs.’’.
(b) APPLICABILITY.—Section 995 of title 10, United States Code,
as added by subsection (a), shall apply with respect to a contract
entered into on or after the date of the enactment of this Act.
(c) BRIEFING REQUIREMENT.—Not later than March 1, 2023,
and annually thereafter for each of the subsequent three years,
the Secretary of Defense shall provide to the congressional defense
committees a briefing on the implementation of section 995 of
title 10, United States Code, as added by subsection (a).
(d) DEADLINE FOR GUIDANCE.—Not later than 180 days after
the date of the enactment of this Act, the Under Secretary of
Defense (Comptroller) shall issue the guidance on the annual
reporting requirement under section 995 of title 10, United States
Code, as added by subsection (a).
(e) REGULATIONS TO PROHIBIT ABANDONMENT.—Not later than
two years after the date of the enactment of this Act, the Secretary
of Defense shall issue regulations to prohibit the abandonment
of military working dogs used in support of a military operation
outside of the continental United States.

H. R. 7776—150
SEC. 383. MEMBERSHIP OF COAST GUARD ON JOINT SAFETY COUNCIL.

Section 184(b)(1) of title 10, United States Code, is amended—
(1) by redesignating subparagraph (D) as subparagraph
(E); and
(2) by inserting after subparagraph (C) the following new
subparagraph:
‘‘(D) During periods in which the Coast Guard is not operating as a service in the Department of the Navy, an officer
of the Coast Guard, appointed by the Secretary of Homeland
Security.’’.
SEC.

384.

INCLUSION IN REPORT ON UNFUNDED PRIORITIES
NATIONAL GUARD RESPONSIBILITIES IN CONNECTION
WITH NATURAL AND MAN-MADE DISASTERS.

(a) IN GENERAL.—In the report required under section 222a
of title 10, United States Code, for fiscal year 2024, the officer
specified under subsection (b)(7) of such section shall include as
part of the National Guard unfunded priorities described in subsection (c)(3) of such section unfunded priorities that relate to
non-Federal National Guard responsibilities in connection with natural and man-made disasters.
(b) TECHNICAL AMENDMENT.—Section 222a(c)(3) of title 10,
United States Code, is amended by striking ‘‘subsection (b)(6)’’
both places it appears and inserting ‘‘subsection (b)(7)’’.
SEC. 385. SUPPORT FOR TRAINING OF NATIONAL GUARD PERSONNEL
ON WILDFIRE PREVENTION AND RESPONSE.

Section 351 of the National Defense Authorization Act for Fiscal
Year 2018 (Public Law 115–91; 131 Stat. 1367; 32 U.S.C. 501
note) is amended to read as follows:
‘‘SEC. 351. TRAINING OF NATIONAL GUARD PERSONNEL ON WILDFIRE
PREVENTION AND RESPONSE.

‘‘The Secretary of the Army and the Secretary of the Air Force,
in consultation with the Chief of the National Guard Bureau, may
provide support for the training of appropriate personnel of the
National Guard on wildfire prevention and response. In carrying
out this section, the Secretaries—
‘‘(1) shall give a preference to personnel assigned to military
installations with the highest wildfire suppression needs, as
determined by the Secretaries; and
‘‘(2) may consult with the Executive Board of the National
Interagency Fire Center.’’.
SEC. 386. INTERAGENCY COLLABORATION AND EXTENSION OF PILOT
PROGRAM ON MILITARY WORKING DOGS AND EXPLOSIVES
DETECTION.

(a) EXTENSION OF PILOT PROGRAM.—Section 381(b) of the
National Defense Authorization Act for Fiscal Year 2022 (Public
Law 117–81; 135 Stat. 1672; 10 U.S.C. 3062 note) is amended
by striking ‘‘2024’’ and inserting ‘‘2025’’.
(b) REVIEW OF RESEARCH EFFORTS OF DEPARTMENT OF DEFENSE
AND DEPARTMENT OF HOMELAND SECURITY.—
(1) REVIEW.—The Secretary of Defense, in coordination with
the Secretary of Homeland Security, shall conduct a review
of the recent and ongoing research, testing, and evaluation
efforts of the Department of Defense and the Department of

H. R. 7776—151
Homeland Security, respectively, regarding explosives detection
working dogs.
(2) MATTERS.—The review under paragraph (1) shall
include an analysis of the following:
(A) Any recent or ongoing research efforts of the
Department of Defense or the Department of Homeland
Security, respectively, relating to explosives detection
working dogs, and any similarities between such efforts.
(B) Any recent or ongoing veterinary research efforts
of the Department of Defense or the Department of Homeland Security, respectively, relating to working dogs,
canines, or other areas that may be relevant to the improvement of the breeding, health, performance, or training of
explosives detection working dogs.
(C) Any research areas relating to explosives detection
working dogs in which there is a need for ongoing research
but no such ongoing research is being carried out by either
the Secretary of Defense or the Secretary of Homeland
Security, particularly with respect to the health, domestic
breeding, and training of explosives detection working dogs.
(D) How the recent and ongoing research efforts of
the Department of Defense and the Department of Homeland Security, respectively, may improve the domestic
breeding of working dogs, including explosives detection
working dogs, and the health outcomes and performance
of such domestically bred working dogs, including through
coordination with academic or industry partners with
experience in research relating to working dogs.
(E) Potential opportunities for the Secretary of Defense
to collaborate with the Secretary of Homeland Security
on research relating to explosives detection working dogs.
(F) Any research partners of the Department of
Defense or the Department of Homeland Security, or both,
that may be beneficial in assisting with the research efforts
and areas described in this subsection.
(c) PLAN REQUIRED.—Not later than 180 days of the date of
the enactment of this Act, the Secretary of Defense, in coordination
with the Secretary of Homeland Security, shall submit to the appropriate congressional committees a plan for the Secretary of Defense
to collaborate, as appropriate, with the Secretary of Homeland
Security on research relating to explosives detection working dogs
and other relevant matters. Such plan shall include the following:
(1) An analysis of potential opportunities for collaboration
between the Secretary of Defense and the Secretary of Homeland Security on the research efforts and areas described in
subsection (a)(2).
(2) An identification of specific programs or areas of
research for such collaboration.
(3) An identification of any additional agreements or
authorities necessary for the Secretaries to carry out such
collaboration.
(4) An identification of additional funding necessary to
carry out such collaboration.
(5) An analysis of potential coordination on the research
efforts and areas described in subsection (a)(2) with academic
and industry partners with experience in research relating
to working dogs, including an identification of potential

H. R. 7776—152
opportunities for such coordination in carrying out the
collaboration described in paragraph (1).
(6) A proposed timeline for the Secretary of Defense to
engage in such collaboration, including specific proposed deadlines.
(7) A description of how programs carried out pursuant
to this section seek to address the health and welfare issues
identified by the Comptroller General of the United States
in the report titled ‘‘Working Dogs: Federal Agencies Need
to Better Address Health and Welfare’’ published on October
19, 2022 (GAO-23-104489).
(8) Any other matters the Secretary of Defense considers
appropriate.
(d) DEFINITIONS.—In this section:
(1) The term ‘‘appropriate congressional committees’’ means
the following:
(A) The congressional defense committees.
(B) The Committee on Homeland Security of the House
of Representatives.
(C) The Committee on Homeland Security and Governmental Affairs of the Senate.
(2) The term ‘‘explosives detection working dog’’ means
a canine that, in connection with the work duties of the canine
performed for a Federal department or agency, is certified
and trained to detect odors indicating the presence of explosives
in a given object or area, in addition to the performance of
such other duties for the Federal department or agency as
may be assigned.
SEC. 387. AMENDMENT TO THE SIKES ACT.

(a) USE OF NATURAL FEATURES.—Section 101(a)(3)(A) of the
Sikes Act (16 U.S.C. 670a(a)(3)(A)) is amended—
(1) by redesignating clauses (ii) and (iii) as clauses (iii)
and (iv), respectively; and
(2) by inserting after clause (i) the following:
‘‘(ii) the use of natural and nature-based features to
maintain or improve military installation resilience;’’.
(b) EXPANDING AND MAKING PERMANENT THE PROGRAM FOR
INVASIVE SPECIES MANAGEMENT FOR MILITARY INSTALLATIONS.—
Section 101(g) of the Sikes Act (16 U.S.C. 670a(g)) is amended—
(1) by striking the header and inserting ‘‘PROGRAM FOR
INVASIVE SPECIES MANAGEMENT FOR MILITARY INSTALLATIONS’’;
and
(2) in paragraph (1)—
(A) by striking ‘‘During fiscal years 2009 through 2014,
the’’ and inserting ‘‘The’’; and
(B) by striking ‘‘in Guam’’.
SEC. 388. NATIONAL STANDARDS FOR FEDERAL FIRE PROTECTION
AT MILITARY INSTALLATIONS.

(a) STANDARDS REQUIRED.—Beginning not later than one year
after the date of the enactment of this Act, the Secretary of Defense
shall ensure that—
(1) members of the Armed Forces and employees of Defense
Agencies who provide fire protection services to military
installations comply with the national consensus standards
developed by the National Fire Protection Association;

H. R. 7776—153
(2) the minimum staffing requirement for any firefighting
vehicle responding to a structural building emergency at a
military installation is not less than four firefighters per
vehicle; and
(3) the minimum staffing requirement for any firefighting
vehicle responding to an aircraft or airfield incident at a military installation is not less than three firefighters per vehicle.
(b) REPORTS REQUIRED.—Not later than 180 days after the
date of the enactment of this Act, each Secretary of a military
department shall submit to the Committees on Armed Services
of the House of Representatives and the Senate a report that—
(1) details each instance in which the standards of that
military department deviate from the national consensus standards specified in subsection (a)(1), and at what military installation;
(2) includes, for each military installation under the jurisdiction of that Secretary, a detailed description of response
times for emergency services and firefighting vehicle staffing
levels; and
(3) includes an assessment of the feasibility of requiring
compliance with the national consensus standards specified
in subsection (a)(1) in accordance with such subsection at each
military installation under the jurisdiction of that Secretary
(without exception), the cost of requiring such compliance, and
the estimated timeline for that Secretary to implement such
requirement.
(c) DEFINITIONS.—In this section:
(1) The terms ‘‘Armed Forces’’ and ‘‘Defense Agency’’ have
the meanings given such terms in section 101 of title 10,
United States Code.
(2) The term ‘‘firefighter’’ has the meaning given that term
in section 707(b) of the National Defense Authorization Act
for Fiscal Year 2020 (Pub. L. 116–92; 10 U.S.C. 1074m note).
(3) The term ‘‘military installation’’ has the meaning given
that term in section 2801 of title 10, United States Code.
SEC. 389. PILOT PROGRAMS FOR TACTICAL VEHICLE SAFETY DATA
COLLECTION.

(a) IN GENERAL.—Not later than October 1, 2023, the Secretary
of the Army and the Secretary of the Navy shall each initiate
a pilot program to evaluate the utility of using data recorders
to monitor, assess, and improve readiness and the safe operation
of military tactical vehicles in the Army and the Marine Corps,
respectively.
(b) DURATION.—Each pilot program initiated under subsection
(a) shall be carried out for a period of not less than two years.
(c) REQUIREMENTS.—In carrying out a pilot program under
this section, the Secretary of the Army and the Secretary of the
Navy each shall—
(1) select not fewer than one military installation in the
United States under the jurisdiction of the Secretary that contains the necessary forces, equipment, and maneuver training
ranges to collect data on drivers and military tactical vehicles
during training and routine operation at which to carry out
the pilot program;

H. R. 7776—154
(2) install data recorders on a sufficient number of each
type of military tactical vehicle specified in subsection (d) to
gain statistically significant results;
(3) select a data recorder capable of collecting and exporting
telemetry data, event data, and driver identification data during
operation and accidents;
(4) establish and maintain a data repository for operation
and event data captured by the data recorder; and
(5) establish processes to leverage operation and event
data to improve individual vehicle operator performance, identify installation hazards that threaten safe vehicle operation,
and identify vehicle-type specific operating conditions that
increase the risk of accidents or mishaps.
(d) MILITARY TACTICAL VEHICLES SPECIFIED.—Military tactical
vehicles specified in this subsection are the following:
(1) High Mobility Multipurpose Wheeled Vehicles.
(2) Family of Medium Tactical Vehicles.
(3) Medium Tactical Vehicle Replacements.
(4) Heavy Expanded Mobility Tactical Trucks.
(5) Light Armored Vehicles.
(6) Stryker armored combat vehicles.
(7) Such other military tactical vehicles as the Secretary
of the Army or the Secretary of the Navy considers appropriate.
(e) CYBER RISK EXEMPTION.—The Secretary of the Army or
the Secretary of the Navy, as the case may be, may exempt from
a pilot program under this section a military tactical vehicle specified under subsection (d) if that Secretary submits to the Committees on Armed Services of the House of Representatives and the
Senate a certification that, with respect to inclusion of the military
tactical vehicle, there is a high potential of cyber risk as a result
of the absence of a cross-domain solution capable of segregating
classified and unclassified data.
(f) IMPLEMENTATION PLAN.—Not later than 180 days after the
date of the enactment of this Act, the Secretary of the Army
and the Secretary of the Navy shall each—
(1) develop plans for implementing the pilot programs
under this section; and
(2) provide to the congressional defense committees a
briefing on those plans and the estimated cost of implementing
those plans.
(g) REPORT REQUIRED.—Not later than December 15, 2024,
the Secretary of the Army and the Secretary of the Navy shall
each submit to the congressional defense committees a report on
the respective pilot programs carried out under this section by
the Secretaries, including—
(1) insights and findings regarding the utility of using
data recorders to monitor, assess, and improve readiness and
the safe operation of military tactical vehicles;
(2) adjustments made, or to be made, to the implementation
plans developed under subsection (f); and
(3) any other matters determined appropriate by the Secretaries.
(h) ASSESSMENT REQUIRED.—Not later than December 15, 2025,
the Secretary of the Army and the Secretary of the Navy shall
jointly submit to the congressional defense committees an assessment of the pilot programs carried out under this section,
including—

H. R. 7776—155
(1) insights and findings regarding the utility of using
data recorders to monitor, assess, and improve readiness and
the safe operation of military tactical vehicles;
(2) an assessment of the utility of establishing an enduring
program to use data recorders to monitor, assess, and improve
readiness and the safe operation of military tactical vehicles;
(3) an assessment of the scope, size, and estimated cost
of such an enduring program; and
(4) such other matters as the Secretary of the Army and
the Secretary of the Navy determine appropriate.
SEC. 390. REQUIREMENTS RELATING TO REDUCTION OF OUT-OFPOCKET COSTS OF MEMBERS OF THE ARMED FORCES FOR
UNIFORM ITEMS.

(a) TRACKING REQUIREMENT.—The Secretary of Defense shall
take such steps as may be necessary to track the expected useful
life of uniform items for officers and enlisted members of the Armed
Forces, for the purposes of—
(1) estimating the rate at which such uniform items are
replaced;
(2) determining the resulting out-of-pocket costs for such
members over time;
(3) determining the necessity of establishing a uniform
replacement allowance for officers of the Armed Forces, based
on the replacement rate estimated pursuant to paragraph (1)
and the out-of-pocket costs determined pursuant to paragraph
(2); and
(4) determining the adequacy of the uniform allowance
for enlisted members of the Armed Forces.
(b) REPORT.—Not later than 120 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to
the congressional defense committees a report on the expected
useful life of required uniform items for members of the Armed
Forces, projected changes to such required uniform items, and
related costs anticipated by the Secretary (disaggregated by Armed
Force). Such report shall include—
(1) pricing information for each such item, including items
that are not considered uniquely military; and
(2) an assessment of the necessity of establishing a uniform
replacement allowance for officers of the Armed Forces, as
determined pursuant to subsection (a)(3).
SEC. 391. IMPLEMENTATION OF RECOMMENDATIONS RELATING TO
ANIMAL FACILITY SANITATION AND PLAN FOR HOUSING
AND CARE OF HORSES.

(a) IMPLEMENTATION BY SECRETARY OF THE ARMY OF CERTAIN
RECOMMENDATIONS RELATING TO ANIMAL FACILITY SANITATION.—
Not later than March 1, 2023, the Secretary of the Army shall
implement the recommendations contained in the memorandum
of the Department of the Army dated February 25, 2022, the subject
of which is ‘‘Animal Facility Sanitation Inspection Findings for
the Fort Myer Caisson Barns/Paddocks and the Fort Belvoir Caisson
Pasture Facility’’ (MHCB–RN).
(b) PLAN FOR HOUSING AND CARE OF ALL HORSES WITHIN
CARE OF OLD GUARD.—
(1) IN GENERAL.—Not later than March 1, 2023, the Secretary of the Army shall submit to Congress a plan for the

H. R. 7776—156
housing and care of all horses within the care of the 3rd
United States Infantry (commonly known as the ‘‘Old Guard’’).
(2) ELEMENTS.—The plan required by paragraph (1) shall
include—
(A) a description of each modification planned or underway at the Fort Myer Caisson Barns/Paddocks, the Fort
Belvoir Caisson Pasture Facility, and any other facility
or location under consideration for stabling of the horses
described in paragraph (1);
(B) an identification of adequate space at Fort Myer,
Virginia, to properly care for the horses described in paragraph (1);
(C) a prioritization of the allotment of the space identified under subparagraph (B) over other functions of Fort
Myer that could be placed elsewhere;
(D) projected timelines and resource requirements to
execute the plan; and
(E) a description of—
(i) immediate remedies for the unsanitary and
unsafe conditions present at the locations described
in subparagraph (A); and
(ii) how long-term quality of life improvements
will be provided for the horses described in paragraph
(1).
SEC. 392. CONTINUED DESIGNATION OF SECRETARY OF THE NAVY
AS EXECUTIVE AGENT FOR NAVAL SMALL CRAFT INSTRUCTION AND TECHNICAL TRAINING SCHOOL.

The Secretary of the Navy shall continue, through fiscal year
2023—
(1) to perform the responsibilities of the Department of
Defense executive agent for the Naval Small Craft Instruction
and Technical Training School pursuant to section 352(b) of
title 10, United States Code; and
(2) to provide such support as may be necessary for the
continued operation of such school.
SEC. 393. PROHIBITION ON USE OF FUNDS FOR RETIREMENT OF
LEGACY MARITIME MINE COUNTERMEASURES PLATFORMS.

(a) PROHIBITION.—Except as provided in subsection (b), the
Secretary of the Navy may not obligate or expend funds to discontinue or prepare to discontinue, including by making a substantive reduction in training and operational employment, any
element of the Marine Mammal Program of the Navy, that has
been used, or is currently being used, for—
(1) port security at Navy bases, known as Mark-6 systems;
or
(2) mine search capabilities, known as Mark-7 systems.
(b) WAIVER.—The Secretary of the Navy may waive the prohibition under subsection (a) if the Secretary, with the concurrence
of the Director of Operational Test and Evaluation, certifies in
writing to the congressional defense committees that the Secretary
has—
(1) identified a replacement capability and the necessary
quantity of such capability to meet all operational requirements
currently being met by the Marine Mammal Program, including
a detailed explanation of such capability and quantity;

H. R. 7776—157
(2) achieved initial operational capability of all capabilities
referred to in paragraph (1), including a detailed explanation
of such achievement; and
(3) deployed a sufficient quantity of capabilities referred
to in paragraph (1) that have achieved initial operational capability to continue to meet or exceed all operational requirements
currently being met by Marine Mammal Program, including
a detailed explanation of such deployment.

TITLE IV—MILITARY PERSONNEL
AUTHORIZATION
Subtitle A—Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. End strength level matters.
Sec. 403. Additional authority to vary Space Force end strength.
Sec.
Sec.
Sec.
Sec.

411.
412.
413.
414.

Subtitle B—Reserve Forces
End strengths for Selected Reserve.
End strengths for reserves on active duty in support of the Reserves.
End strengths for military technicians (dual status).
Maximum number of reserve personnel authorized to be on active duty
for operational support.

Subtitle C—Authorization of Appropriations
Sec. 421. Military personnel.

Subtitle A—Active Forces
SEC. 401. END STRENGTHS FOR ACTIVE FORCES.

The Armed Forces are authorized strengths for active duty
personnel as of September 30, 2023, as follows:
(1) The Army, 452,000.
(2) The Navy, 354,000.
(3) The Marine Corps, 177,000.
(4) The Air Force, 325,344.
(5) The Space Force, 8,600.
SEC. 402. END STRENGTH LEVEL MATTERS.

(a) STRENGTH LEVELS TO SUPPORT NATIONAL DEFENSE
STRATEGY.—
(1) REPEAL.—Section 691 of title 10, United States Code,
is repealed.
(2) TABLE OF SECTIONS.—The table of sections at the beginning of chapter 39 of such title is amended by striking the
item relating to section 691.
(b)
CERTAIN
ACTIVE-DUTY
AND
SELECTED
RESERVE
STRENGTHS.—Section 115 of such title is amended—
(1) in subsection (f), by striking ‘‘increase’’ each place it
appears and inserting ‘‘vary’’; and
(2) in subsection (g)—
(A) in paragraph (1), by striking subparagraphs (A)
and (B) and inserting the following new subparagraphs:
‘‘(A) vary the end strength pursuant to subsection (a)(1)(A)
for a fiscal year for the armed force or forces under the jurisdiction of that Secretary by a number not equal to more than
two percent of such authorized end strength; and

H. R. 7776—158
‘‘(B) vary the end strength pursuant to subsection (a)(2)
for a fiscal year for the Selected Reserve of the reserve component of the armed force or forces under the jurisdiction of
that Secretary by a number equal to not more than one percent
of such authorized end strength.’’;
(B) in paragraph (2), by striking ‘‘increase’’ each place
it appears and inserting ‘‘variance’’; and
(C) by adding at the end the following new paragraph
(3):
‘‘(3) The Secretary of the military department concerned shall
promptly notify the congressional defense committees if such Secretary exceeds a variance under paragraph (1), and at least once
every 90 days thereafter for so long as such end strength is outside
such variance. Each such notification shall include the following:
‘‘(A) Modified projected end strengths for active and reserve
components of the armed force or forces for which such Secretary exceeds such variance.
‘‘(B) An identification of any budgetary effects projected
as a result of such modified end strength projections.
‘‘(C) An explanation of any effects on readiness resulting
from such modified end strength projections.’’.
SEC. 403. ADDITIONAL AUTHORITY TO VARY SPACE FORCE END
STRENGTH.

(a) IN GENERAL.—Notwithstanding section 115(g) of title 10,
United States Code, upon determination by the Secretary of the
Air Force that such action would enhance manning and readiness
in essential units or in critical specialties, the Secretary may vary
the end strength authorized by Congress for each fiscal year as
follows:
(1) Increase the end strength authorized pursuant to section 115(a)(1)(A) of such title for a fiscal year for the Space
Force by a number equal to not more than 5 percent of such
authorized end strength.
(2) Decrease the end strength authorized pursuant to section 115(a)(1)(A) of such title for a fiscal year for the Space
Force by a number equal to not more than 10 percent of
such authorized end strength.
(b) TERMINATION.—The authority provided under subsection
(a) shall terminate on December 31, 2023.

Subtitle B—Reserve Forces
SEC. 411. END STRENGTHS FOR SELECTED RESERVE.

(a) IN GENERAL.—The Armed Forces are authorized strengths
for Selected Reserve personnel of the reserve components as of
September 30, 2023, as follows:
(1) The Army National Guard of the United States, 325,000.
(2) The Army Reserve, 177,000.
(3) The Navy Reserve, 57,000.
(4) The Marine Corps Reserve, 33,000.
(5) The Air National Guard of the United States, 108,400.
(6) The Air Force Reserve, 70,000.
(7) The Coast Guard Reserve, 7,000.

H. R. 7776—159
(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.
SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN SUPPORT OF THE RESERVES.

Within the end strengths prescribed in section 411(a), the
reserve components of the Armed Forces are authorized, as of
September 30, 2023, the following number of Reserves to be serving
on full-time active duty or full-time duty, in the case of members
of the National Guard, for the purpose of organizing, administering,
recruiting, instructing, or training the reserve components:
(1) The Army National Guard of the United States, 30,845.
(2) The Army Reserve, 16,511.
(3) The Navy Reserve, 10,077.
(4) The Marine Corps Reserve, 2,388.
(5) The Air National Guard of the United States, 25,333.
(6) The Air Force Reserve, 6,003.
SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS (DUAL
STATUS).

(a) IN GENERAL.—The minimum number of military technicians
(dual status) as of the last day of fiscal year 2023 for the reserve
components of the Army and the Air Force (notwithstanding section
129 of title 10, United States Code) shall be the following:
(1) For the Army National Guard of the United States,
22,294.
(2) For the Army Reserve, 6,492.
(3) For the Air National Guard of the United States, 10,994.
(4) For the Air Force Reserve, 7,111.
(b) LIMITATION ON NUMBER OF TEMPORARY MILITARY TECHNICIANS (DUAL STATUS).—The number of temporary military technicians (dual-status) employed under the authority of subsection (a)
may not exceed 25 percent of the total authorized number specified
in such subsection.
(c) LIMITATION.—Under no circumstances may a military technician (dual status) employed under the authority of this section
be coerced by a State into accepting an offer of realignment or
conversion to any other military status, including as a member
of the Active, Guard, and Reserve program of a reserve component.
If a military technician (dual status) declines to participate in

H. R. 7776—160
such realignment or conversion, no further action will be taken
against the individual or the individual’s position.
SEC. 414. MAXIMUM NUMBER OF RESERVE PERSONNEL AUTHORIZED
TO BE ON ACTIVE DUTY FOR OPERATIONAL SUPPORT.

During fiscal year 2023, the maximum number of members
of the reserve components of the Armed Forces who may be serving
at any time on full-time operational support duty under section
115(b) of title 10, United States Code, is the following:
(1) The Army National Guard of the United States, 17,000.
(2) The Army Reserve, 13,000.
(3) The Navy Reserve, 6,200.
(4) The Marine Corps Reserve, 3,000.
(5) The Air National Guard of the United States, 16,000.
(6) The Air Force Reserve, 14,000.

Subtitle C—Authorization of
Appropriations
SEC. 421. MILITARY PERSONNEL.

(a) AUTHORIZATION OF APPROPRIATIONS.—Funds are hereby
authorized to be appropriated for fiscal year 2023 for the use
of the Armed Forces and other activities and agencies of the Department of Defense for expenses, not otherwise provided for, for military personnel, as specified in the funding table in section 4401.
(b) CONSTRUCTION OF AUTHORIZATION.—The authorization of
appropriations in subsection (a) supersedes any other authorization
of appropriations (definite or indefinite) for such purpose for fiscal
year 2023.

TITLE V—MILITARY PERSONNEL
POLICY
Subtitle A—Officer Personnel Policy
Sec. 501. Authorized strengths for Space Force officers on active duty in grades of
major, lieutenant colonel, and colonel.
Sec. 502. Distribution of commissioned officers on active duty in general officer and
flag officer grades.
Sec. 503. Redistribution of Naval officers serving on active duty in the grades of O8 and O-9.
Sec. 504. Authorized strength after December 31, 2022: general officers and flag officers on active duty.
Sec. 505. Extension of grade retention for certain officers awaiting retirement.
Sec. 506. Exclusion of officers serving as lead special trial counsel from limitations
on authorized strengths for general and flag officers.
Sec. 507. Constructive service credit for certain officers of the Armed Forces.
Sec. 508. Improvements to the selection of warrant officers in the military departments for promotion.
Sec. 509. Advice and consent requirement for waivers of mandatory retirement for
Superintendents of military service academies.
Sec. 509A. Modification of reports on Air Force personnel performing duties of a
Nuclear and Missile Operations Officer (13N).
Sec. 509B. Assessments of staffing in the Office of the Secretary of Defense and
other Department of Defense headquarters offices.
Sec. 509C. GAO review of certain officer performance evaluations.
Sec. 509D. Study of chaplains.
Subtitle B—Reserve Component Management
Sec. 511. Inclusion of additional information on the Senior Reserve Officers’ Training Corps in reports accompanying the national defense strategy.

H. R. 7776—161
Sec. 512. Expansion of eligibility to serve as an instructor in the Junior Reserve Officers’ Training Corps.
Sec. 513. Backdating of effective date of rank for reserve officers in the National
Guard due to undue delays in Federal recognition.
Sec. 514. Inspections of the National Guard.
Sec. 515. Authority to waive requirement that performance of Active Guard and
Reserve duty at the request of a Governor may not interfere with certain duties.
Sec. 516. Continued National Guard support for FireGuard program.
Sec. 517. Enhancement of National Guard Youth Challenge Program.
Sec. 518. Notice to Congress before certain actions regarding units of certain reserve components.
Sec. 519. Independent study on Federal recognition of National Guard officers.
Sec. 519A. Review and update of report on geographic dispersion of Junior Reserve
Officers’ Training Corps.
Sec. 519B. Briefing on duties of the Army Interagency Training and Education
Center.
Subtitle C—General Service Authorities and Military Records
Sec. 521. Consideration of adverse information by special selection review boards.
Sec. 522. Expansion of eligibility for direct acceptance of gifts by members of the
Armed Forces and Department of Defense and Coast Guard employees
and their families.
Sec. 523. Limitation of extension of period of active duty for a member who accepts
a fellowship, scholarship, or grant.
Sec. 524. Expansion of mandatory characterizations of administrative discharges of
certain members on the basis of failure to receive COVID-19 vaccine.
Sec. 525. Rescission of COVID-19 vaccination mandate.
Sec. 526. Temporary exemption from end strength grade restrictions for the Space
Force.
Sec. 527. Notification to next of kin upon the death of a member of the Armed
Forces: study; update; training; report.
Sec. 528. Gender-neutral fitness physical readiness standards for military occupational specialties of the Army.
Sec. 529. Recurring report regarding COVID-19 mandate.
Sec. 530. Sense of Congress regarding women involuntarily separated from the
Armed Forces due to pregnancy or parenthood.
Subtitle D—Recruitment and Retention
Sec. 531. Treatment of personally identifiable information regarding prospective recruits.
Sec. 532. Revival and extension of temporary authority for targeted recruitment incentives.
Sec. 533. Report on recruiting efforts of certain Armed Forces.
Sec. 534. Review of marketing and recruiting of the Department of Defense.
Sec. 535. Report on Department of Defense recruitment advertising to racial and
ethnic minority communities.
Sec. 536. Improving oversight of military recruitment practices in public secondary
schools.
Sec. 537. Best practices for the retention of certain female members of the Armed
Forces.
Sec. 538. Review of certain personnel policies of special operations forces.
Sec. 539. Support for members who perform duties regarding remotely piloted aircraft: study; report.
Sec. 539A. Retention and recruitment of members of the Army who specialize in air
and missile defense systems.
Subtitle E—Military Justice and Other Legal Matters
Matters in connection with special trial counsel.
Technical corrections relating to special trial counsel.
Randomization of court-martial panels.
Jurisdiction of Courts of Criminal Appeals.
Special trial counsel of the Department of the Air Force.
Independent investigation of sexual harassment.
Primary prevention research agenda and workforce.
Limitation on availability of funds for relocation of Army CID special
agent training course.
Sec. 549. Review of titling and indexing practices of the Army and certain other organizations.
Sec. 549A. Briefing and report on resourcing required for implementation of military justice reform.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

541.
542.
543.
544.
545.
546.
547.
548.

H. R. 7776—162
Sec. 549B. Report on sharing information with counsel for victims of offenses under
the Uniform Code of Military Justice.
Sec. 549C. Dissemination of civilian legal services information.
Subtitle F—Member Education
Sec. 551. Authorization of certain support for military service academy foundations.
Sec. 552. Individuals from the District of Columbia who may be considered for appointment to military service academies.
Sec. 553. Agreement by a cadet or midshipman to play professional sport constitutes a breach of agreement to serve as an officer.
Sec. 554. Naval Postgraduate School and United States Air Force Institute of Technology: terms of Provosts and Chief Academic Officers.
Sec. 555. Naval Postgraduate School: attendance by enlisted members.
Sec. 556. Modification of annual report on demographics of military service academy applicants.
Sec. 557. Study and report on professional military education.
Sec. 558. Report on treatment of China in curricula of professional military education.
Subtitle G—Member Training and Transition
Sec. 561. Codification of Skillbridge program.
Sec. 562. Pilot program on remote personnel processing in the Army.
Sec. 563. Annual report on members separating from active duty who file claims
for disability benefits.
Sec. 564. Female members of certain Armed Forces and civilian employees of the
Department of Defense in STEM.
Subtitle H—Military Family Readiness and Dependents’ Education
Sec. 571. Clarification and expansion of authorization of support for chaplain-led
programs for members of the Armed Forces.
Sec. 572. Pilot program to expand eligibility for enrollment at domestic dependent
elementary and secondary schools: extension; report.
Sec. 573. Commercial air waiver for next of kin regarding transportation of remains of casualties.
Sec. 574. Certain assistance to local educational agencies that benefit dependents
of military and civilian personnel.
Sec. 575. 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. 576. Pilot program on hiring of special needs inclusion coordinators for Department of Defense child development centers.
Sec. 577. Promotion of certain child care assistance.
Sec. 578. Industry roundtable on military spouse hiring.
Sec. 579. Recommendations for the improvement of the Military Interstate Children’s Compact.
Sec. 579A. Feasibility of inclusion of au pairs in pilot program to provide financial
assistance to members of the Armed Forces for in-home child care.
Sec. 579B. Briefing on policies regarding single parents serving as members of the
Armed Forces.
Sec. 579C. Public reporting on certain military child care programs.
Sec. 579D. Briefing on verification of eligible federally connected children for purposes of Federal impact aid programs.
Sec. 579E. Sense of Congress on rights of parents of children attending schools operated by the Department of Defense Education Activity.
Subtitle I—Decorations, Awards, and Other Honors
Sec. 581. Clarification of procedure for boards for the correction of military records
to review determinations regarding certain decorations.
Sec. 582. Authorizations for certain awards.
Sec. 583. Posthumous appointment of Ulysses S. Grant to grade of General of the
Armies of the United States.
Sec. 584. Enhanced information related to awarding of the Purple Heart.
Subtitle J—Miscellaneous Reports and Other Matters
Sec. 591. Report on non-citizen members of the Armed Forces.
Sec. 592. Notification on manning of afloat naval forces: modifications; codification.
Sec. 593. Clarification of authority of NCMAF to update Chaplains Hill at Arlington National Cemetery.
Sec. 594. Disinterment of remains of Andrew Chabrol from Arlington National
Cemetery.

H. R. 7776—163
Sec. 595. Pilot program on safe storage of personally owned firearms.
Sec. 596. Pilot program on car sharing on remote or isolated military installations.
Sec. 597. Briefing on the effects of economic inflation on members of the Armed
Forces.
Sec. 598. Study on improvement of access to voting for members of the Armed
Forces overseas.
Sec. 599. Report on incidence of military suicides by military job code.
Sec. 599A. Report on efforts to prevent and respond to deaths by suicide in the
Navy.
Sec. 599B. Report on officer personnel management and the development of the
professional military ethic of the Space Force.

Subtitle A—Officer Personnel Policy
SEC. 501. AUTHORIZED STRENGTHS FOR SPACE FORCE OFFICERS ON
ACTIVE DUTY IN GRADES OF MAJOR, LIEUTENANT
COLONEL, AND COLONEL.

The table in subsection (a)(1) of section 523 of title 10, United
States Code, is amended by inserting after the items relating to
the Marine Corps new items relating to the total number of commissioned officers (excluding officers in categories specified in subsection (b) of such section) serving on active duty in the Space
Force in the grades of major, lieutenant colonel, and colonel, respectively, as follows:
‘‘3,900
4,300
5,000
7,000
10,000

1,016
1,135
1,259
1,659
2,259

782
873
845
1,045
1,345

234
262
315
415
565’’.

SEC. 502. DISTRIBUTION OF COMMISSIONED OFFICERS ON ACTIVE
DUTY IN GENERAL OFFICER AND FLAG OFFICER GRADES.

Section 525 of title 10, United States Code, is amended—
(1) in subsection (a)—
(A) in the matter preceding paragraph (1), by striking
‘‘as follows:’’ and inserting an em dash;
(B) in paragraph (4)(C), by striking the period at the
end and inserting ‘‘; and’’; and
(C) by adding at the end the following new paragraph:
‘‘(5) in the Space Force, if that appointment would result
in more than—
‘‘(A) 2 officers in the grade of general;
‘‘(B) 7 officers in a grade above the grade of major
general; or
‘‘(C) 6 officers in the grade of major general.’’;’’;
(2) in subsection (c)—
(A) in paragraph (1)(A), by striking ‘‘and Marine Corps’’
and inserting ‘‘Marine Corps, and Space Force’’; and
(B) in paragraph (2), by striking ‘‘or Marine Corps’’
and inserting ‘‘Marine Corps, or Space Force’’; and
(3) in subsection (d), by striking ‘‘or Commandant of the
Marine Corps’’ and inserting ‘‘Commandant of the Marine
Corps, or Chief of Space Operations’’.

H. R. 7776—164
SEC. 503. REDISTRIBUTION OF NAVAL OFFICERS SERVING ON ACTIVE
DUTY IN THE GRADES OF O-8 AND O-9.

Subsection (a)(3) of section 525 of title 10, United States Code,
as amended by section 502, is amended—
(1) in subparagraph (B), by striking ‘‘33’’ and inserting
‘‘34’’; and
(2) in subparagraph (C), by striking ‘‘50’’ and inserting
‘‘49’’.
SEC. 504. AUTHORIZED STRENGTH AFTER DECEMBER 31, 2022: GENERAL OFFICERS AND FLAG OFFICERS ON ACTIVE DUTY.

Section 526a of title 10, United States Code, is amended—
(1) in subsection (a)—
(A) in the matter preceding paragraph (1), by striking
‘‘and Marine Corps’’ and inserting ‘‘Marine Corps, and
Space Force’’;
(B) in paragraph (1), by striking ‘‘220’’ and inserting
‘‘218’’;
(C) in paragraph (2), by striking ‘‘151’’ and inserting
‘‘149’’;
(D) in paragraph (3), by striking ‘‘187’’ and inserting
‘‘170’’; and
(E) by adding at the end the following new paragraph:
‘‘(5) For the Space Force, 21.’’; and
(2) in subsection (b)(2), by adding at the end the following
new subparagraph:
‘‘(E) For the Space Force, 6.’’.
SEC. 505. EXTENSION OF GRADE RETENTION FOR CERTAIN OFFICERS
AWAITING RETIREMENT.

Section 601(b)(5) of title 10, United States Code, is amended
by striking ‘‘retirement, but not for more than 60 days.’’ and
inserting the following: ‘‘retirement, but—
‘‘(A) subject to subparagraph (B), not for more than
60 days; and
‘‘(B) with respect to an officer awaiting retirement following not less than one year of consecutive deployment
outside of the United States to a combat zone (as defined
in section 112(c) of the Internal Revenue Code of 1986)
or in support of a contingency operation, not for more
than 90 days.’’.
SEC. 506. EXCLUSION OF OFFICERS SERVING AS LEAD SPECIAL TRIAL
COUNSEL
FROM
LIMITATIONS
ON
AUTHORIZED
STRENGTHS FOR GENERAL AND FLAG OFFICERS.

During the two-year period beginning on the date of the enactment of this Act, the limitations in section 526a(a) of title 10,
United States Code, as amended by section 504, shall not apply
to a general or flag officer serving in the position of lead special
trial counsel pursuant to an appointment under section 1044f(a)(2)
of such title.
SEC. 507. CONSTRUCTIVE SERVICE CREDIT FOR CERTAIN OFFICERS
OF THE ARMED FORCES.

(a) CONSTRUCTIVE SERVICE CREDIT FOR WARRANT OFFICERS.—
Section 572 of title 10, United States Code, is amended—
(1) by inserting ‘‘(a)’’ before ‘‘For the purposes’’; and
(2) by adding at the end the following new subsection:

H. R. 7776—165
‘‘(b) The Secretary concerned shall credit a person who is
receiving an original appointment as a warrant officer in the regular
component of an armed force under the jurisdiction of such Secretary concerned, and who has advanced education or training
or special experience, with constructive service for such education,
training, or experience, as follows:
‘‘(1) For special training or experience in a particular warrant officer field designated by the Secretary concerned, if such
training or experience is directly related to the operational
needs of the armed force concerned, as determined by such
Secretary concerned.
‘‘(2) For advanced education in a warrant officer field designated by the Secretary concerned, if such education is directly
related to the operational needs of the armed force concerned,
as determined by such Secretary concerned.’’.
(b) REPORT.—Not later than February 1, 2027, the Secretary
of Defense shall submit to the Committees on Armed Services
of the Senate and House of Representatives a report on the amendments made by subsection (a). Such report shall include—
(1) the evaluation of such amendments by the Secretary;
(2) the estimate of the Secretary regarding how many
individuals are eligible for credit under subsection (b) of such
section, as added by subsection (a); and
(3) the determination of the Secretary whether existing
special pay for such members is adequate.
SEC. 508. IMPROVEMENTS TO THE SELECTION OF WARRANT OFFICERS
IN THE MILITARY DEPARTMENTS FOR PROMOTION.

(a) PROMOTION BY SELECTION BOARDS: RECOMMENDATION;
EXCLUSION FROM CONSIDERATION.—Section 575 of title 10, United
States Code, is amended by adding at the end the following new
subsections:
‘‘(e)(1) In selecting the warrant officers to be recommended
for promotion, a selection board shall, when authorized by the
Secretary concerned, recommend warrant officers of particular
merit, pursuant to guidelines and procedures prescribed by the
Secretary concerned, from among those warrant officers selected
for promotion, to be placed higher on the promotion list contained
in the report of such board under section 576(c) of this title.
‘‘(2) A selection board may recommend that a warrant officer
be placed higher on a promotion list under paragraph (1) only
if the warrant officer receives the recommendation of at least a
majority of the members of the board, unless the Secretary concerned establishes an alternative requirement. Any such alternate
requirement shall be furnished to the board as part of the guidelines
furnished to the board under section 576 of this title.
‘‘(3) For the warrant officers recommended to be placed higher
on a promotion list under paragraph (1), the board shall recommend
the order in which those warrant officers should be placed on
the list.
‘‘(f)(1) Upon the request of a warrant officer, the Secretary
concerned may exclude the warrant officer from consideration for
promotion under this section.
‘‘(2) The Secretary concerned may approve a request of a warrant officer under paragraph (1) only if—
‘‘(A) the basis for the request is to allow the officer to
complete—

H. R. 7776—166
‘‘(i) an assignment in support of career progression;
‘‘(ii) advanced education;
‘‘(iii) an assignment such Secretary determines is of
significant value to the Armed Force concerned; or
‘‘(iv) a career progression requirement delayed by an
assignment or education;
‘‘(B) such Secretary determines that such exclusion from
consideration is in the best interest of the Armed Force concerned; and
‘‘(C) the officer has not previously failed of selection for
promotion to the grade for which the officer requests exclusion
from consideration.’’.
(b) PRIORITY FOR PROMOTION OF WARRANT OFFICERS IN REPORT
OF SELECTION BOARD.—Subsection (c) of section 576 of such title
is amended to read as follows:
‘‘(c) The names of warrant officers selected for promotion under
this section shall be arranged in the report of such board in the
following order of priority:
‘‘(1) Warrant officers recommended under section 575(e)
of this title to be placed higher on the promotion list, in the
order in which the board determines.
‘‘(2) Warrant officers otherwise recommended for promotion,
in the order of seniority on the warrant officer active-duty
list.’’.
(c) PROMOTIONS: HOW MADE; EFFECTIVE DATE.—Section 578(a)
of such title is amended by striking ‘‘of the seniority of such officers
on the warrant officer active-duty list’’ and inserting ‘‘set forth
in section 576(c) of this title’’.
SEC. 509. ADVICE AND CONSENT REQUIREMENT FOR WAIVERS OF
MANDATORY RETIREMENT FOR SUPERINTENDENTS OF
MILITARY SERVICE ACADEMIES.

(a) UNITED STATES MILITARY ACADEMY.—Section 7321(b) of title
10, United States Code, is amended by adding at the end the
following: ‘‘In the event a waiver under this subsection is granted,
the subsequent nomination and appointment of such officer having
served as Superintendent of the Academy to a further assignment
in lieu of retirement shall be subject to the advice and consent
of the Senate.’’.
(b) UNITED STATES NAVAL ACADEMY.—Section 8371(b) of title
10, United States Code, is amended by adding at the end the
following: ‘‘In the event a waiver under this subsection is granted,
the subsequent nomination and appointment of such officer having
served as Superintendent of the Academy to a further assignment
in lieu of retirement shall be subject to the advice and consent
of the Senate.’’.
(c) UNITED STATES AIR FORCE ACADEMY.—Section 9321(b) of
title 10, United States Code, is amended by adding at the end
the following: ‘‘In the event a waiver under this subsection is
granted, the subsequent nomination and appointment of such officer
having served as Superintendent of the Academy to a further
assignment in lieu of retirement shall be subject to the advice
and consent of the Senate.’’.

H. R. 7776—167
SEC. 509A. MODIFICATION OF REPORTS ON AIR FORCE PERSONNEL
PERFORMING DUTIES OF A NUCLEAR AND MISSILE OPERATIONS OFFICER (13N).

Section 506(b) of the National Defense Authorization Act for
Fiscal Year 2022 (Public Law 117–81; 135 Stat. 1682) is amended—
(1) by redesignating paragraph (8) as paragraph (9); and
(2) by inserting after paragraph (7) the following new paragraph (8):
‘‘(8) A staffing plan for managing personnel in the 13N
career field as the Air Force transitions from the Minuteman
III weapon system to the Sentinel weapon system.’’.
SEC. 509B. ASSESSMENTS OF STAFFING IN THE OFFICE OF THE SECRETARY OF DEFENSE AND OTHER DEPARTMENT OF
DEFENSE HEADQUARTERS OFFICES.

(a) OFFICE OF THE SECRETARY OF DEFENSE.—The Secretary
of Defense shall conduct an assessment of staffing of the Office
of the Secretary of Defense. Such assessment shall including the
following elements:
(1) A validation of every military staff billet assigned to
the Office of the Secretary of Defense against existing military
personnel requirements.
(2) The estimated effect of returning 15 percent of such
military staff billets to operational activities of the Armed
Forces concerned, over a period of 36 months, would have
on the office of the Secretary of Defense and other Department
of Defense Headquarters Offices.
(3) A plan and milestones for how reductions described
in paragraph (2) would occur, a schedule for such reductions,
and the process by which the billets would be returned to
the operational activities of the Armed Forces concerned.
(b) OFFICE OF THE JOINT CHIEFS OF STAFF.—The Chairman
of the Joint Chiefs of Staff shall conduct an assessment of staffing
of the Office of the Joint Chiefs of Staff. Such assessment shall
including the following elements:
(1) A validation of every military staff billet assigned to
the Office of the Joint Chiefs of Staff against existing military
personnel requirements.
(2) The estimated effect of returning 15 percent of such
military staff billets to operational activities of the Armed
Forces concerned, over a period of 36 months, would have
on the office of the Joint Staff and the Chairman’s Controlled
Activities and other related Joint Staff Headquarters Offices.
(3) A plan and milestones for how reductions described
in paragraph (2) would occur, a schedule for such reductions,
and the process by which the billets would be returned to
the operational activities of the Armed Forces concerned.
(c) INTERIM BRIEFING AND REPORT.—
(1) INTERIM BRIEFING.—Not later than April 1, 2023, the
Secretary shall provide to the Committees on Armed Services
of the Senate and House of Representatives an interim briefing
on the assessments under subsections (a) and (b).
(2) FINAL REPORT.—Not later than one year after the date
of the enactment of this Act, the Secretary shall submit to
the Committees on Armed Services of the Senate and House
of Representatives a report on the assessments under subsections (a) and (b). Such report shall include the following:

H. R. 7776—168
(A) A validation of every military staff billet assigned
to the Office of the Secretary of Defense and the Joint
Staff to include the Chairman’s Controlled Activities
against existing military personnel requirements.
(B) The methodology and process through which such
validation was performed.
(C) Relevant statistical analysis on military billet fill
rates against validated requirements.
(D) An analysis of unvalidated military billets currently
performing staff support functions,
(E) The rationale for why unvalidated military billets
may be required.
(F) The cost of military staff filling both validated
and unvalidated billets.
(G) Lessons learned through the military billet validation process and statistical analysis under subparagraphs
(B) through (F).
(H) Any other matters the Secretary determines relevant to understanding the use of military staff billets
described in subsections (a) and (b).
(I) Any legislative, policy or budgetary recommendations of the Secretary related to the subject matter of
the report.
SEC.

509C.

GAO REVIEW OF
EVALUATIONS.

CERTAIN

OFFICER

PERFORMANCE

(a) REVIEW REQUIRED.—Not later than one year after the enactment of this Act, the Comptroller General of the United States
shall review the officer performance reports of each Armed Force
under the jurisdiction of a Secretary of a military department
in order to—
(1) study the fitness report systems used for the performance evaluation of officers; and
(2) provide to the Secretary of Defense and the Secretaries
of the military departments recommendations regarding how
to improve such systems.
(b) ELEMENTS.—The review required under subsection (a) shall
include the following:
(1) An analysis of the effectiveness of the fitness report
systems at evaluating and documenting the performance of
officers.
(2) A comparison of the fitness report systems for officers
of each Armed Force described in subsection (a) with best
practices for performance evaluations used by public- and private-sector organizations.
(3) An analysis of the value of fitness reports in providing
useful information to officer promotion boards.
(4) An analysis of the value of fitness reports in providing
useful feedback to officers being evaluated.
(5) Recommendations to improve the fitness report systems
to—
(A) increase its effectiveness at accurately evaluating
and documenting the performance of officers;
(B) provide more useful information to officer promotion boards; and
(C) provide more useful feedback regarding evaluated
officers.

H. R. 7776—169
(c) ACCESS TO DATA AND RECORDS.—The Secretaries of the
military departments shall provide to the Comptroller General sufficient resources and access to technical data, individuals, organizations, and records that the Comptroller General requires to complete
the review under this section.
(d) SUBMISSION TO SECRETARIES.—Upon completing the review
under subsection (a), the Comptroller General shall submit to the
Secretary of Defense and the Secretaries of the military departments a report on the results of the review.
(e) SUBMISSION TO CONGRESS.—Not later than 30 days after
the date on which the Secretary of Defense and the Secretaries
of the military departments receive the report under subsection
(d), the Secretary of Defense shall submit to the congressional
defense committees—
(1) an unaltered copy of such report; and
(2) any comments of the Secretary regarding such report.
SEC. 509D. STUDY OF CHAPLAINS.

(a) STUDY REQUIRED.—Not later than 180 days after the date
of the enactment of this Act, the Secretary of Defense, in consultation with the Secretaries of the military departments, shall submit
to the Committees on Armed Services of the Senate and House
of Representatives a study of the roles and responsibilities of chaplains.
(b) ELEMENTS.—The study under subsection (a) shall include
the following:
(1) The resources (including funding, administrative support, and personnel) available to support religious programs.
(2) Inclusion of chaplains in resiliency, suicide prevention,
wellness, and other related programs.
(3) The role of chaplains in embedded units, headquarters
activities. and military treatment facilities.
(4) Recruitment and retention of chaplains.
(5) An analysis of the number of hours chaplains spend
in roles including pastoral care, religious services, counseling,
and administration.
(6) The results of any surveys that have assessed the
roles, responsibilities and satisfaction of chaplains.
(7) A review of the personnel requirements for chaplains
during fiscal years 2013 through 2022.
(8) Challenges to the abilities of chaplains to offer ministry
services.

Subtitle B—Reserve Component
Management
SEC. 511. INCLUSION OF ADDITIONAL INFORMATION ON THE SENIOR
RESERVE OFFICERS’ TRAINING CORPS IN REPORTS
ACCOMPANYING THE NATIONAL DEFENSE STRATEGY.

Section 113(m) of title 10, United States Code, is amended—
(1) by redesignating the second paragraph (8) as paragraph
(11);
(2) by redesignating the first paragraph (8), as paragraph
(10);
(3) by redesignating paragraphs (5), (6), and (7) paragraphs
(7), (8), and (9), respectively; and

H. R. 7776—170
(4) by inserting after paragraph (4) the following new paragraphs:
‘‘(5) The number of Senior Reserve Officers’ Training Corps
scholarships awarded during the fiscal year covered by the
report, disaggregated by gender, race, and ethnicity, for each
military department.
‘‘(6) The program completion rates and program withdrawal
rates of Senior Reserve Officers’ Training Corps scholarship
recipients during the fiscal year covered by the report,
disaggregated by gender, race, and ethnicity, for each military
department.’’.
SEC. 512. EXPANSION OF ELIGIBILITY TO SERVE AS AN INSTRUCTOR
IN THE JUNIOR RESERVE OFFICERS’ TRAINING CORPS.

(a) IN GENERAL.—Section 2031 of title 10, United States Code,
is amended—
(1) by redesignating subsections (f) and (g) as subsections
(g) and (h), respectively; and
(2) by inserting after subsection (e) the following new subsection:
‘‘(f)(1) Instead of, or in addition to, detailing officers and noncommissioned officers on active duty under subsection (c)(1) or
authorizing the employment of retired officers and noncommissioned
officers under subsection (d) or (e), the Secretary of the military
department concerned may authorize qualified institutions to
employ as administrators and instructors in the program officers
or noncommissioned officers who—
‘‘(A)(i) receive honorable discharges—
‘‘(I) after completing at least eight years of service;
and
‘‘(II) not longer than five years before applying for
such employment; or
‘‘(ii)(I) are in an active status; and
‘‘(II) who are not yet eligible for retired pay; and
‘‘(B) apply for such employment.
‘‘(2) The Secretary of the military department concerned shall
pay to the institution an amount equal to one-half of the amount
to be paid to an instructor pursuant to the JROTC Instructor
Pay Scale for any period.
‘‘(3) Notwithstanding the limitation in paragraph (2), the Secretary of the military department concerned may pay to the institution more than one-half of the amount paid to the member by
the institution if, as determined by such Secretary—
‘‘(A) the institution is in an educationally and economically
deprived area; and
‘‘(B) such action is in the national interest.
‘‘(4) Payments under this subsection shall be made from funds
appropriated for that purpose.
‘‘(5) The Secretary of the military department concerned may
require an officer or noncommissioned officer employed under this
subsection to transfer to the Individual Ready Reserve as a condition of such employment.’’.
(b) BRIEFING.—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 House of
Representatives a briefing regarding—

H. R. 7776—171
(1) the number of instructors employed pursuant to the
amendment made by subsection (a); and
(2) costs to the Federal Government arising from such
employment.
SEC. 513. BACKDATING OF EFFECTIVE DATE OF RANK FOR RESERVE
OFFICERS IN THE NATIONAL GUARD DUE TO UNDUE
DELAYS IN FEDERAL RECOGNITION.

Paragraph (2) of section 14308(f) of title 10, United States
Code, is amended to read as follows:
‘‘(2) If there is a delay in extending Federal recognition in
the next higher grade in the Army National Guard or the Air
National Guard to a reserve commissioned officer of the Army
or the Air Force that exceeds 100 days from the date the National
Guard Bureau deems such officer’s application for Federal recognition to be completely submitted by the State and ready for review
at the National Guard Bureau, and the delay was not attributable
to the action or inaction of such officer—
‘‘(A) in the event of State promotion with an effective
date before January 1, 2024, the effective date of the promotion
concerned under paragraph (1) may be adjusted to a date
determined by the Secretary concerned, but not earlier than
the effective date of the State promotion; and
‘‘(B) in the event of State promotion with an effective
date on or after January 1, 2024, the effective date of the
promotion concerned under paragraph (1) shall be adjusted
by the Secretary concerned to the later of—
‘‘(i) the date the National Guard Bureau deems such
officer’s application for Federal recognition to be completely
submitted by the State and ready for review at the National
Guard Bureau; and
‘‘(ii) the date on which the officer occupies a billet
in the next higher grade.’’.
SEC. 514. INSPECTIONS OF THE NATIONAL GUARD.

(a) ELEMENT.—Subsection (a) of section 105 of title 32, United
States Code, is amended—
(1) in paragraph (6), by striking ‘‘; and’’ and inserting
a semicolon;
(2) in paragraph (7), by striking the period at the end
and inserting ‘‘; and’’; and
(3) by adding at the end the following new paragraph:
‘‘(8) the units and members of the Army National Guard
or Air National Guard comply with Federal law and policy
applicable to the National Guard, including policies issued by
the Secretary of Defense, the Secretary of the military department concerned, or the Chief of the National Guard Bureau.’’.
(b) REPORT.—Not later than six months after the date of the
enactment of this Act, the Secretary of the Army and the Secretary
of the Air Force shall submit to the Committees on Armed Services
of the Senate and House of Representatives a report on the
implementation of paragraph (8) of such subsection, as added by
subsection (a). Such report shall include the following:
(1) The number of inspections conducted that included
determinations under such paragraph.
(2) With regard to each such inspection—
(A) the date;

H. R. 7776—172
(B) the unit of the Army National Guard or the Air
National Guard inspected;
(C) the officer who conducted such inspection; and
(D) the determination of the officer whether the unit
was in compliance with Federal law and policy applicable
to the National Guard.
SEC. 515. AUTHORITY TO WAIVE REQUIREMENT THAT PERFORMANCE
OF ACTIVE GUARD AND RESERVE DUTY AT THE REQUEST
OF A GOVERNOR MAY NOT INTERFERE WITH CERTAIN
DUTIES.

(a) IN GENERAL.—Section 328(b) of title 32, United States Code,
is amended by adding at the end the following new subsection:
‘‘(c) WAIVER AUTHORITY.—(1) Notwithstanding section
101(d)(6)(A) of title 10 and subsection (b) of this section, the Governor of a State or the Commonwealth of Puerto Rico, Guam,
or the Virgin Islands, or the commanding general of the District
of Columbia National Guard, as the case may be, may, at the
request of the Secretary concerned, order a member of the National
Guard to perform Active Guard and Reserve duty for purposes
of performing training of the regular components of the armed
forces as the primary duty.
‘‘(2) Training performed under paragraph (1) must be in compliance with the requirements of section 502(f)(2)(B)(i) of this title.
‘‘(3) No more than 100 personnel may be granted a waiver
by a Secretary concerned under paragraph (1) at a time.
‘‘(4) The authority under paragraph (1) shall terminate on
October 1, 2024.’’.
(b) BRIEFING ON PERFORMANCE OF TRAINING AS PRIMARY
DUTY.—Not later than March 1, 2023, the Secretary of the Army
and the Secretary of the Air Force shall each submit to the Committee on Armed Services of the Senate and the Committee on
Armed Services of the House of Representatives a briefing
describing how many members of the National Guard are performing Active Guard and Reserve duty for purposes of performing
training of the regular components of the Armed Forces as primary
duty.
(c) BRIEFING ON END STRENGTH REQUIREMENTS.—Not later
than October 1, 2024, the Secretary of the Army and the Secretary
of the Air Force shall each submit to the Committee on Armed
Services of the Senate and the Committee on Armed Services of
the House of Representatives a briefing outlining the end strength
requirement going forward for Active Guard and Reserve forces
of the National Guard impacted by subsection (c) of section 328(b)
of title 32, United States Code, as added by subsection (a) of
this section.
SEC. 516. CONTINUED NATIONAL GUARD SUPPORT FOR FIREGUARD
PROGRAM.

Section 515 of the National Defense Authorization Act for Fiscal
Year 2022 (Public Law 117–81), is amended—
(1) by inserting ‘‘(a) in general.—’’ before ‘‘Until’’;
(2) by striking ‘‘September 30, 2026’’ and inserting ‘‘September 30, 2029’’;
(3) by striking ‘‘support’’ and inserting ‘‘carry out’’;
(4) by striking ‘‘personnel of the California National Guard’’
and inserting ‘‘National Guard personnel (including from the

H. R. 7776—173
Colorado National Guard and the California National Guard)’’;
and
(5) by adding at the end the following:
‘‘(b) TRANSFER.—Until the date specified in subsection (a), no
component (including any analytical responsibility) of the FireGuard
program may be transferred from the Department of Defense to
another entity. If the Secretary seeks to make such a transfer,
the Secretary shall, at least three years before such transfer, provide
to the appropriate congressional committees a written report and
briefing that detail—
‘‘(1) plans of the Secretary for such transfer; and
‘‘(2) how such transfer will sustain and improve detection
and monitoring of wildfires.
‘‘(c) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In
this section, the term ‘appropriate congressional committees’ means
the following:
‘‘(1) The Committee on Armed Services of the Senate.
‘‘(2) The Committee on Armed Services of the House of
Representatives.
‘‘(3) The Select Committee on Intelligence of the Senate.
‘‘(4) The Permanent Select Committee on Intelligence of
the House of Representatives.’’.
SEC. 517. ENHANCEMENT OF NATIONAL GUARD YOUTH CHALLENGE
PROGRAM.

Section 516 of the National Defense Authorization Act for Fiscal
Year 2022 (Public Law 117–81) is amended, in subsection (a),
by striking ‘‘fiscal year 2022’’ and inserting ‘‘fiscal years 2022 and
2023’’.
SEC.

518.

NOTICE TO CONGRESS BEFORE CERTAIN ACTIONS
REGARDING UNITS OF CERTAIN RESERVE COMPONENTS.

(a) NOTICE REQUIRED; ELEMENTS.—The Secretary of a military
department may not take any covered action regarding a covered
unit until the day that is 60 days after the Secretary of a military
department submits to Congress notice of such covered action.
Such notice shall include the following elements:
(1) An analysis of how the covered action would improve
readiness.
(2) A description of how the covered action would align
with the National Defense Strategy and the supporting strategies of each military departments.
(3) A description of any proposed organizational change
associated with the covered action and how the covered action
will affect the relationship of administrative, operational, or
tactical control responsibilities of the covered unit.
(4) The projected cost and any projected long-term cost
savings of the covered action.
(5) A detailed description of any requirements for new
infrastructure or relocation of equipment and assets necessary
for the covered action.
(6) A description of how the covered activity will affect
the ability of the covered Armed Force to accomplish its current
mission.
(b) APPLICABILITY.—This section shall apply to any step to
perform covered action regarding a covered unit on or after the
date of the enactment of this Act.
(c) DEFINITIONS.—In this section:

H. R. 7776—174
(1) The term ‘‘covered action’’ means any of the following:
(A) To deactivate.
(B) To reassign.
(C) To move the home station.
(2) The term ‘‘covered Armed Force’’ means the following:
(A) The Army.
(B) The Navy.
(C) The Marine Corps.
(D) The Air Force.
(E) The Space Force.
(3) The term ‘‘covered unit’’ means a unit of a reserve
component of a covered Armed Force.
SEC. 519. INDEPENDENT STUDY ON FEDERAL RECOGNITION OF
NATIONAL GUARD OFFICERS.

(a) INDEPENDENT STUDY.—
(1) IN GENERAL.—Not later than 60 days after the date
of the enactment of this Act, the Secretary of Defense shall
seek to enter into a contract with a federally funded research
and development center to conduct a study on the National
Guard commissioned officer and warrant officer promotion
system and provide recommendations to the Department of
Defense, the Department of the Air Force, the Department
of the Army, the National Guard Bureau, and individual State
National Guard commands.
(2) ELEMENTS.—The study referred to in paragraph (1)
shall include a comprehensive review and assessment of the
following:
(A) Reasons for delays in processing personnel actions
for Federal recognition of State National Guard member
promotions.
(B) The Federal recognition process used to extend
Federal recognition to State promotions.
(C) Best practices among the various State National
Guards for managing their requirements under the existing
National Guard promotion system.
(D) Possible improvements to requirements, policies,
procedures, workflow, or resources to reduce the processing
time for Federal recognition of state promotions.
(E) An assessment of the feasibility of developing or
adopting a commercially available solution for an
integrated enterprise information technology system for
managing National Guard officer and warrant officer promotions that allows seamless transition for promotions as
they move through review at the National Guard Bureau,
the Department of the Army, the Department of the Air
Force, and the Department of Defense.
(F) Possible metrics to evaluate effectiveness of any
recommendations made.
(G) Possible remedies for undue delays in Federal recognition, including adjustment to the effective date of promotion beyond current statutory authorities.
(H) Any other matters the federally funded research
and development center determines relevant.
(3) REPORT.—

H. R. 7776—175
(A) IN GENERAL.—The contract under paragraph (1)
shall require the federally funded research and development center that conducts the study under the contract
to submit to the Secretary of Defense, the Secretary of
the Army, the Secretary of the Air Force, and the Chief
of the National Guard Bureau a report on the results
of the study.
(B) SUBMISSION TO CONGRESS.—Upon receiving the
report required under subparagraph (A), the Secretary of
Defense shall submit an unedited copy of the report results
to the congressional defense committees within 30 days
of receiving the report from the federally funded research
and development corporation.
(b) REPORTING REQUIREMENT.—
(1) IN GENERAL.—Not later than one year after the date
of the enactment of this Act, and annually thereafter until
the date specified in paragraph (3), the Secretary of Defense,
in consultation with the Secretary of the Army and the Secretary of the Air Force as appropriate, shall submit to the
Committee on Armed Services of the Senate and the Committee
on Armed Services of the House of Representatives a report
detailing the current status of the Federal recognition process
for National Guard promotions.
(2) ELEMENTS.—The report required under paragraph (1)
shall include the following elements:
(A) An update on efforts to transition to fully digital
processes in accordance with recommendations made
pursuant to subsection (a).
(B) The average processing time for personnel actions
related to Federal recognition of reserve commissioned
officer promotions in the Army and Air National Guards,
respectively, including the time in days from the date at
which the National Guard Bureau received the promotion
until the date at which Federal recognition was granted.
(C) The average time it took during the previous fiscal
year to extend Federal recognition.
(D) The number of Army and Air National Guard officers who experienced Federal recognition delays greater
than 90 days in the previous fiscal year.
(E) A summary of any additional resources or authorities needed to further streamline the Federal recognition
processes to reduce average Federal recognition processing
time to 90 days or fewer.
(F) Any other information that the Secretaries concerned deem relevant.
(3) EXPIRATION OF ANNUAL REPORTING REQUIREMENT.—The
date referred to in paragraph (1) is such time as the average
processing time for personnel actions described under this subsection is reduced to 90 days or fewer for each of the Army
and Air National Guards.
SEC. 519A. REVIEW AND UPDATE OF REPORT ON GEOGRAPHIC DISPERSION OF JUNIOR RESERVE OFFICERS’ TRAINING CORPS.

(a) REPORT: REVIEW; UPDATE.—The Secretary of Defense, in
consultation with the Secretaries of the military departments, shall
review and update the 2017 report from the RAND Corporation
titled ‘‘Geographic and Demographic Representativeness of Junior

H. R. 7776—176
Reserve Officer Training Corps’’ (Library of Congress Control
Number: 2017950423).
(b) ELEMENTS.—The report updated under subsection (a) shall
include the following:
(1) An assessment of whether there is adequate representation in, and reasonable access to, units of the Junior Reserve
Officers’ Training Corps (hereinafter, ‘‘JROTC’’) for students
in all regions of the of the United States.
(2) The estimated cost and time to increase the number
of units of JROTC to ensure adequate representation and
reasonable access described in paragraph (1).
(3) Recommendations to increase adequate representation
and reasonable access described in paragraph (1) in areas of
the United States that the Secretary of Defense determines
lack such adequate representation and reasonable access.
(c) SUBMISSION.—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 the report updated under this section.
SEC. 519B. BRIEFING ON DUTIES OF THE ARMY INTERAGENCY
TRAINING AND EDUCATION CENTER.

Not later than 120 days after the date of the enactment of
this Act, the Secretary of Defense, in consultation with the Assistant
Secretary of Defense for Homeland Defense and Global Security
and the Chief of the National Guard Bureau, shall submit to the
Committees on Armed Services of the Senate and House of Representatives a briefing that includes—
(1) an organizational plan and an estimate of the annual
costs necessary for the Army Interagency Training and Education Center to carry out duties assigned to it by the Chief
of the National Guard Bureau; and
(2) the staffing requirements needed to adequately staff
such duties.

Subtitle C—General Service Authorities
and Military Records
SEC. 521. CONSIDERATION OF ADVERSE INFORMATION BY SPECIAL
SELECTION REVIEW BOARDS.

Section 628a(a)(1) of title 10, United States Code, is amended—
(1) by inserting ‘‘(A)’’ before ‘‘If the Secretary concerned’’;
and
(2) by adding at the end the following new subparagraph:
‘‘(B) Nothing in this section shall be construed to prevent a
Secretary concerned from deferring consideration of adverse
information concerning an officer subject to this section until the
next regularly scheduled promotion board applicable to such officer,
in lieu of furnishing such adverse information to a special selection
review board under this section.’’.
SEC. 522. EXPANSION OF ELIGIBILITY FOR DIRECT ACCEPTANCE OF
GIFTS BY MEMBERS OF THE ARMED FORCES AND DEPARTMENT OF DEFENSE AND COAST GUARD EMPLOYEES AND
THEIR FAMILIES.

Section 2601a of title 10, United States Code, is amended—

H. R. 7776—177
(1) in subsection (b)—
(A) in paragraph (2), by striking ‘‘; or’’ and inserting
a semicolon;
(B) by redesignating paragraph (3) as paragraph (4);
and
(C) by inserting after paragraph (2) the following new
paragraph:
‘‘(3) that results in enrollment in a Warriors in Transition
program, as defined in section 738(e) of the National Defense
Authorization Act for Fiscal Year 2013 (Public Law 112–239;
10 U.S.C. 1071 note); or’’; and
(2) in subsection (c), by striking ‘‘paragraph (1), (2) or
(3) of’’.
SEC. 523. LIMITATION OF EXTENSION OF PERIOD OF ACTIVE DUTY
FOR A MEMBER WHO ACCEPTS A FELLOWSHIP, SCHOLARSHIP, OR GRANT.

(a) LIMITATION.—Subsection (b) of section 2603 of title 10,
United States Code, is amended by striking ‘‘at least’’.
(b) MODERNIZATION.—Subsection (a) of such section is
amended—
(1) in the matter preceding paragraph (1)—
(A) by striking ‘‘or his designee’’ and inserting ‘‘(or
an individual designated by the President)’’; and
(B) by striking ‘‘him’’ and inserting ‘‘the member’’;
(2) in paragraph (1), by striking ‘‘his field’’ and inserting
‘‘the field of the member’’;
(3) in paragraph (3), by striking ‘‘his recognized potential
for future career service’’ and inserting ‘‘the recognized potential
for future career service of the member’’; and
(4) in the matter following paragraph (3)—
(A) by striking ‘‘his’’ both places it appears and
inserting ‘‘the member’s’’; and
(B) by striking ‘‘him’’ and inserting ‘‘the member’’.
SEC. 524. EXPANSION OF MANDATORY CHARACTERIZATIONS OF
ADMINISTRATIVE DISCHARGES OF CERTAIN MEMBERS ON
THE BASIS OF FAILURE TO RECEIVE COVID-19 VACCINE.

Section 736(a) of the National Defense Authorization Act for
Fiscal Year 2022 (Public Law 117–81; 10 U.S.C. 1161 note) is
amended—
(1) in the matter preceding paragraph (1), by striking
‘‘During the period of time beginning on August 24, 2021,
and ending on the date that is two years after the date of
the enactment of this Act, any’’ and inserting ‘‘Any’’;
(2) in paragraph (1) by striking ‘‘; or’’ and inserting a
semicolon;
(3) in paragraph (2), by striking the period and inserting
‘‘; or’’; and
(4) by adding at the end the following new paragraph:
‘‘(3) in the case of a covered member receiving an administrative discharge before completing the first 180 continuous
days of active duty, uncharacterized.’’.
SEC. 525. RESCISSION OF COVID-19 VACCINATION MANDATE.

Not later than 30 days after the date of the enactment of
this Act, the Secretary of Defense shall rescind the mandate that
members of the Armed Forces be vaccinated against COVID-19

H. R. 7776—178
pursuant to the memorandum dated August 24, 2021, regarding
‘‘Mandatory Coronavirus Disease 2019 Vaccination of Department
of Defense Service Members’’.
SEC. 526. TEMPORARY EXEMPTION FROM END STRENGTH GRADE
RESTRICTIONS FOR THE SPACE FORCE.

Section 517 and section 523 (as amended by section 501 of
this Act) of title 10, United States Code, shall not apply to the
Space Force until January 1, 2024.
SEC. 527. NOTIFICATION TO NEXT OF KIN UPON THE DEATH OF A
MEMBER OF THE ARMED FORCES: STUDY; UPDATE;
TRAINING; REPORT.

(a) STUDY.—Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall conduct a
study on the notification processes of the next of kin upon the
death of a member of the Armed Forces. In conducting the study,
the Secretary shall identify the following elements:
(1) The time it takes for such notification to occur after
such death, recovery of remains, and identification of remains.
Such time shall be determined through an analysis of data
regarding cases involving such notifications.
(2) The effect of media (including social media) and other
forms of communication on such processes.
(3) Means by which the Secretary may improve such processes to reduce the time described in paragraph (1).
(4) Any legislative recommendations of the Secretary to
improve such processes to reduce the time described in paragraph (1).
(b) UPDATE.—Upon completion of the study under subsection
(a), the Secretary shall review and update training and education
materials regarding such processes, implementing means described
in subsection (a)(3).
(c) OPERATIONAL TRAINING.—The Secretary of the military
department concerned shall include a training exercise, using materials updated (including lessons learned) under subsection (b),
regarding a death described in this section in each major exercise
conducted by such Secretary or the Secretary of Defense.
(d) REPORT.—Not later 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 House of Representatives
a report containing—
(1) the results of the study;
(2) a description of the update under subsection (b); and
(3) lessons learned, as described in subsection (c).
SEC. 528. GENDER-NEUTRAL FITNESS PHYSICAL READINESS STANDARDS FOR MILITARY OCCUPATIONAL SPECIALTIES OF THE
ARMY.

Not later than 180 days after the date of the enactment of
this Act, the Secretary of the Army shall—
(1) establish gender-neutral physical readiness standards
that ensure soldiers can perform the duties of their respective
military occupational specialties; and
(2) provide to the Committees on Armed Services of the
Senate and House of Representatives a briefing describing the
methodology used to determine the standards established under
paragraph (1).

H. R. 7776—179
SEC. 529. RECURRING REPORT REGARDING COVID-19 MANDATE.

(a) REPORT REQUIRED.—The Secretary of Defense shall submit
to the Committees on Armed Services of the Senate and House
of Representatives a recurring report regarding the requirement
that a member of the Armed Forces shall receive a vaccination
against COVID-19. Each such report may not contain any personally
identifiable information, and shall contain the following:
(1) With regard to religious exemptions to such requirement—
(A) the number of such exemptions for which members
applied;
(B) the number of such religious exemptions denied;
(C) the reasons for such denials;
(D) the number of members denied such a religious
exemption who complied with the requirement; and
(E) the number of members denied such a religious
exemption who did not comply with the requirement who
were separated, and with what characterization.
(2) With regard to medical exemptions to such requirement—
(A) the number of such medical exemptions for which
members applied;
(B) the number of such medical exemptions denied;
(C) the reasons for such denials;
(D) the number of members denied such a medical
exemption who complied with the requirement; and
(E) the number of members denied such a medical
exemption who did not comply with the requirement who
were separated, and with what characterization.
(b) FREQUENCY; TERMINATION.—The Secretary shall submit the
first such report not later than 90 days after the date of the
enactment of this Act and every 90 days thereafter until the first
of the following to occur:
(1) The Secretary of Defense lifts such requirement.
(2) The day that is two years after the date of the enactment of this Act.
SEC. 530. SENSE OF CONGRESS REGARDING WOMEN INVOLUNTARILY
SEPARATED FROM THE ARMED FORCES DUE TO PREGNANCY OR PARENTHOOD.

(a) FINDINGS.—Congress finds the following:
(1) In June 1948, Congress enacted the Women’s Armed
Services Integration Act of 1948, which formally authorized
the appointment and enlistment of women in the regular components of the Armed Forces.
(2) With the expansion of the Armed Forces to include
women, the possibility arose for the first time that members
of the regular components of the Armed Forces could become
pregnant.
(3) The response to such possibilities and actualities was
Executive Order 10240, signed by President Harry S. Truman
in 1951, which granted the Armed Forces the authority to
involuntarily separate or discharge a woman if she became
pregnant, gave birth to a child, or became a parent by adoption
or a stepparent.

H. R. 7776—180
(4) The Armed Forces responded to the Executive order
by systematically discharging any woman in the Armed Forces
who became pregnant.
(5) The Armed Forces were required to offer women who
were involuntarily separated or discharged due to pregnancy
the opportunity to request retention in the military.
(6) The Armed Forces may not have provided required
separation benefits, counseling, or assistance to the members
of the Armed Forces who were separated or discharged due
to pregnancy.
(7) Thousands of members of the Armed Forces were involuntarily separated or discharged from the Armed Forces as
a result of pregnancy.
(8) Such involuntary separation or discharge from the
Armed Forces on the basis of pregnancy was challenged in
Federal district court by Stephanie Crawford in 1975, whose
legal argument stated that this practice violated her constitutional right to due process of law.
(9) The Court of Appeals for the Second Circuit ruled
in Stephanie Crawford’s favor in 1976 and found that Executive
Order 10240 and any regulations relating to the Armed Forces
that made separation or discharge mandatory due to pregnancy
were unconstitutional.
(10) By 1976, all regulations that permitted involuntary
separation or discharge of a member of the Armed Forces
because of pregnancy or any form of parenthood were rescinded.
(11) Today, women comprise 17 percent of the Armed
Forces, and many are parents, including 12 percent of whom
are single parents.
(12) While military parents face many hardships, today’s
Armed Forces provide various lengths of paid family leave
for mothers and fathers, for both birth and adoption of children.
(b) SENSE OF CONGRESS.—It is the sense of Congress that
women who served in the Armed Forces before February 23, 1976,
should not have been involuntarily separated or discharged due
to pregnancy or parenthood.

Subtitle D—Recruitment and Retention
SEC. 531. TREATMENT OF PERSONALLY IDENTIFIABLE INFORMATION
REGARDING PROSPECTIVE RECRUITS.

(a) TREATMENT OF PERSONALLY IDENTIFIABLE INFORMATION.—
Section 503(a) of title 10, United States Code, is amended adding
at the end the following new paragraphs:
‘‘(3) PII regarding a prospective recruit collected or compiled
under this subsection shall be kept confidential, and a person
who has had access to such PII may not disclose the information
except for purposes of this section or other purpose authorized
by law.
‘‘(4) In the course of conducting a recruiting campaign,
the Secretary concerned shall—
‘‘(A) notify a prospective recruit of data collection policies of the armed force concerned; and
‘‘(B) permit the prospective recruit to elect not to
participate in such data collection.

H. R. 7776—181
‘‘(5) In this subsection, the term ‘PII’ means personally
identifiable information.’’.
(b) PILOT PROGRAM ON RECRUITING.—
(1) AUTHORITY.—The Secretary of Defense may conduct
a pilot program (such a program shall be referred to as a
‘‘Military Recruiting Modernization Program’’) to evaluate the
feasibility and effectiveness of collecting and using PRI with
modern technologies to allow the Secretary to more effectively
and efficiently use recruiting resources.
(2) TREATMENT OF PROSPECTIVE RECRUIT INFORMATION.—
PRI collected under a pilot program under this subsection—
(A) may be used by the Armed Forces and entities
into which the Secretary has entered into an agreement
regarding military recruitment only for purposes of military
recruitment;
(B) shall be kept confidential.
(C) may not be maintained more than three years
after collection; and
(3) OPT-OUT.—A pilot program under this subsection may
allow a prospective recruit to opt-out of the collection of PRI
regarding such prospective recruit.
(4) TERMINATION.—Any such pilot program shall terminate
three years after implementation.
(5) INTERIM BRIEFING.—Not later than 90 days after the
implementing a pilot program under this subsection, the Secretary shall provide to the Committees on Armed Services
of the Senate and the House of Representatives a briefing
on the pilot program. Such briefing shall include the following:
(A) The definition, prescribed by the Secretary, of PRI.
(B) How the Secretary intends to handle privacy concerns related to the collection of PRI.
(C) Legal concerns over the collection, use, and maintenance of PRI.
(6) FINAL REPORT.—Not later than 120 days after the
completion of a pilot program under this subsection, the Under
Secretary of Defense for Personnel and Readiness shall submit
to the Committees on Armed Services of the Senate and the
House of Representatives a report on the pilot program. Such
report shall include the following:
(A) A summary of whether and how the pilot program
modernized recruiting efforts.
(B) A description of any efficiencies identified under
the pilot program.
(C) Any violations of privacy laws arising from the
pilot program.
(D) Legislative recommendations of the Under Secretary arising from this pilot program.
(7) DEFINITIONS.—In this section:
(A) The term ‘‘PRI’’ means information, prescribed by
the Secretary of Defense, regarding a prospective recruit.
(B) The term ‘‘prospective recruit’’ means an individual
who is eligible to join the Armed Forces and is—
(i) 17 years of age or older; or
(ii) in the eleventh grade (or its equivalent) or
higher.

H. R. 7776—182
SEC. 532. REVIVAL AND EXTENSION OF TEMPORARY AUTHORITY FOR
TARGETED RECRUITMENT INCENTIVES.

Section 522(h) of the National Defense Authorization Act for
Fiscal Year 2016 (Public Law 114–92; 10 U.S.C. 503 note) is—
(1) is revived to read as it did immediately before its
expiration on December 31, 2020; and
(2) is amended—
(A) by striking the semicolon and inserting a comma;
and
(B) by striking ‘‘2020’’ and inserting ‘‘2025’’.
SEC. 533. REPORT ON RECRUITING EFFORTS OF CERTAIN ARMED
FORCES.

(a) REPORT REQUIRED.—Not later than 120 days after the date
of the enactment of this act, the Secretary of Defense, in coordination with the Secretaries of the military departments, shall submit
to the Committees on Armed Services of the Senate and House
of Representatives a report on recruiting efforts of the covered
Armed Forces.
(b) ELEMENTS.—The report shall contain, with regards to the
covered Armed Forces during fiscal years 2018 through 2022, the
following elements:
(1) A comparison of—
(A) the number of active duty enlistments from each
geographic region;
(B) the number of recruiters stationed in each
geographic region; and
(C) advertising dollars spent in each geographic region,
including annual numbers and averages.
(2) A comparison of the number of active duty enlistments
produced by each recruiting battalion, recruiting district, or
recruiting region, the number of recruiters stationed in each
battalion, and advertising dollars spent in support of each
battalion, including annual numbers and averages.
(3) An analysis of the geographic dispersion of enlistments
by military occupational specialty.
(4) An analysis of the amount of Federal funds spent on
advertising per active duty enlistment by recruiting battalion,
recruiting district, or recruiting region, and a ranked list of
those battalions from most efficient to least efficient.
(5) A comparison of the race, religion, sex, education levels,
military occupational specialties, and waivers for enlistment
granted to enlistees by geographic region and recruiting battalion, recruiting district, or recruiting region of responsibility.
(6) An assessment of obstacles that recruiters face in the
field, including access to schools and administrative support.
(7) Efforts the Secretary of the military department concerned is taking to mitigate obstacles described in paragraph
(6).
(c) DEFINITIONS.—In this section:
(1) The term ‘‘covered Armed Force’’ means an Armed
Force under the jurisdiction of the Secretary of a military
department.
(2) The term ‘‘geographic region’’ means a region used
for the 2020 decennial census.

H. R. 7776—183
SEC. 534. REVIEW OF MARKETING AND RECRUITING OF THE DEPARTMENT OF DEFENSE.

(a) IN GENERAL.—Not later that September 30, 2023, the Comptroller General of the United States, in consultation with experts
determined by the Secretary of Defense, shall evaluate the marketing and recruiting efforts of the Department of Defense to determine how to use social media and other technology platforms to
convey to young people the opportunities and benefits of service
in the covered Armed Forces.
(b) COVERED ARMED FORCE DEFINED.—In this section, the term
‘‘covered Armed Force’’ means the following:
(1) The Army.
(2) The Navy.
(3) The Marine Corps.
(4) The Air Force.
(5) The Space Force.
SEC. 535. REPORT ON DEPARTMENT OF DEFENSE RECRUITMENT
ADVERTISING TO RACIAL AND ETHNIC MINORITY COMMUNITIES.

Not later than June 1, 2023, the Secretary of Defense shall
submit to the congressional defense committees a report on the
efforts of the Department of Defense to increase marketing and
advertising to adequately reach racial and ethnic minority communities.
SEC. 536. IMPROVING OVERSIGHT OF MILITARY RECRUITMENT PRACTICES IN PUBLIC SECONDARY SCHOOLS.

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 House of Representatives
a report on military recruitment practices in public secondary
schools during calendar years 2018 through 2022, including—
(1) the zip codes of public secondary schools visited by
military recruiters; and
(2) the number of recruits from public secondary schools
by zip code and local education agency.
SEC. 537. BEST PRACTICES FOR THE RETENTION OF CERTAIN FEMALE
MEMBERS OF THE ARMED FORCES.

The Secretaries of the military departments shall share and
implement best practices regarding the use of retention and exit
survey data to identify barriers and lessons learned to improve
the retention of female members of the Armed Forces under the
jurisdiction of such Secretaries.
SEC. 538. REVIEW OF CERTAIN PERSONNEL POLICIES OF SPECIAL
OPERATIONS FORCES.

(a) REVIEW REQUIRED.—The Secretary of Defense shall direct
the covered officials to review (and, if a covered official determines
it necessary, update guidance and processes) matters described
in section 167(e)(2)(J) of title 10, United States Code. The covered
officials shall complete such review (and update) not later than
180 days after the date of the enactment of this Act.
(b) ELEMENTS OF REVIEW.—The review and updates under subsection (a) shall address the respective roles of the military departments and the United States Special Operations Command with
respect to the following:

H. R. 7776—184
(1) Coordination between special operations command and
the military departments regarding recruiting and retention
to ensure that personnel requirements of special operations
forces and the military departments are met appropriately.
(2) Opportunities for members of special operations forces
to enroll in professional military education.
(3) Promotion opportunities for members of special operations forces and an assessment of whether such opportunities
are adequate to fulfill staffing requirements of special operations forces.
(4) Data sharing between the military departments and
special operations command with respect to special operations
forces personnel.
(5) Any other matter the Secretary of Defense determines
appropriate.
(c) REPORT REQUIRED.—Not later than 90 days after completing
the review (and any updates) under subsection (a), the Secretary
of Defense shall submit to the Committees on Armed Services
of the Senate and House of Representatives a report on such review
and any resulting updates to guidance and processes. The report
shall also include any recommendations of the Secretary regarding
matters described in subsection (a) or (b).
(d) DEFINITIONS.—In this section:
(1) The term ‘‘covered officials’’ means—
(A) the Secretaries of the military departments;
(B) the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict; and
(C) the Commander of special operations command.
(2) The term ‘‘special operations command’’ has the
meaning given that term in section 167(a) of title 10, United
States Code.
(3) The term ‘‘special operations forces’’ means the forces
described in section 167(j) of title 10, United States Code.
SEC. 539. SUPPORT FOR MEMBERS WHO PERFORM DUTIES REGARDING
REMOTELY PILOTED AIRCRAFT: STUDY; REPORT.

(a) STUDY.—The Secretary of Defense shall conduct a study
to identify opportunities to provide more support services to, and
greater recognition of combat accomplishments of, RPA crew. Such
study shall identify the following with respect to each covered
Armed Force:
(1) Safety policies applicable to crew of traditional aircraft
that apply to RPA crew.
(2) Personnel policies, including crew staffing and training
practices, applicable to crew of traditional aircraft that apply
to RPA crew.
(3) Metrics the Secretaries of the military departments
use to evaluate the health of RPA crew.
(4) Incentive pay, retention bonuses, promotion rates, and
career advancement opportunities for RPA crew.
(5) Combat zone compensation available to RPA crew.
(6) Decorations and awards for combat available to RPA
crew.
(7) Mental health care available to crew of traditional aircraft and RPA crew who conduct combat operations.

H. R. 7776—185
(8) Whether RPA crew receive post-separation health
(including mental health) care equivalent to crew of traditional
aircraft.
(9) An explanation of any difference under paragraph (8).
(b) REPORT.—Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall submit to
the Committees on Armed Services of the Senate and House of
Representatives a report containing the following:
(1) The results of the study conducted under this section.
(2) Any policy recommendations of the Secretary regarding
such results.
(3) Progress made by the Secretary of the Air Force in
implementing the recommendations of the Comptroller General
of the United States in the following reports:
(A) GAO-19-155, titled ‘‘Unmanned Aerial Systems: Air
Force Pilot Promotion Rates Have Increased but Oversight
Process of Some Positions Could Be Enhanced’’.
(B) GAO-20-320, titled ‘‘Unmanned Aerial Systems: Air
Force Should Take Additional Steps to Improve Aircrew
Staffing and Support’’.
(c) DEFINITIONS.—In this section:
(1) The term ‘‘covered Armed Force’’ means an Armed
Force under the jurisdiction of the Secretary of a military
department.
(2) The term ‘‘RPA crew’’ means members of covered Armed
Forces who perform duties relating to remotely piloted aircraft.
(3) The term ‘‘traditional aircraft’’ means fixed or rotary
wing aircraft operated by an onboard pilot.
SEC. 539A. RETENTION AND RECRUITMENT OF MEMBERS OF THE
ARMY WHO SPECIALIZE IN AIR AND MISSILE DEFENSE
SYSTEMS.

(a) STUDY.—The Comptroller General of the United States shall
study efforts to retain and recruit members with military occupational specialties regarding air and missile defense systems of the
Army.
(b) INTERIM BRIEFING.—Not later than 180 days after the date
of the enactment of this Act, the Comptroller General shall submit
to the Committees on Armed Services of the Senate and House
of Representatives a briefing on the status of the study.
(c) FINAL REPORT.—Not later than 18 months after the date
of the enactment of this Act, the Comptroller General shall submit
to the Committees on Armed Services of the Senate and House
of Representatives a report that identifies steps the Secretary of
the Army may take to improve such retention and recruitment.

Subtitle E—Military Justice and Other
Legal Matters
SEC. 541. MATTERS IN CONNECTION WITH SPECIAL TRIAL COUNSEL.

(a) DEFINITION OF COVERED OFFENSE.—
(1) IN GENERAL.—Section 801(17)(A) of title 10, United
States Code (article 1(17)(A) of the Uniform Code of Military
Justice), as added by section 533 of the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117–81;
135 Stat. 1695), is amended by striking ‘‘section 920 (article

H. R. 7776—186
120)’’ and inserting ‘‘section 919a (article 119a), section 920
(article 120), section 920a (article 120a)’’.
(2) EFFECTIVE DATE.—The amendments made by paragraph
(1) shall take effect immediately after the coming into effect
of the amendments made by section 533 of the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117–81;
135 Stat. 1695) as provided in section 539C of that Act (10
U.S.C. 801 note) and shall apply with respect to offenses that
occur after that date.
(b) INCLUSION OF SEXUAL HARASSMENT AS COVERED OFFENSE.—
(1) IN GENERAL.—Section 801(17)(A) of title 10, United
States Code (article 1(17)(A) of the Uniform Code of Military
Justice), as added by section 533 of the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117–81;
135 Stat. 1695) and amended by subsection (a) of this section,
is further amended—
(A) by striking ‘‘or’’; and
(B) by striking ‘‘of this title’’ and inserting ‘‘, or the
standalone offense of sexual harassment punishable under
section 934 (article 134) of this title in each instance in
which a formal complaint is made and such formal complaint is substantiated in accordance with regulations prescribed by the Secretary concerned’’.
(2) EFFECTIVE DATE.—The amendments made by paragraph
(1) shall take effect on January 1, 2025, and shall apply with
respect to offenses that occur after that date.
(c) RESIDUAL PROSECUTORIAL DUTIES AND OTHER JUDICIAL
FUNCTIONS OF CONVENING AUTHORITIES IN COVERED CASES.—The
President shall prescribe regulations to ensure that residual prosecutorial duties and other judicial functions of convening authorities, including granting immunity, ordering depositions, and hiring
experts, with respect to charges and specifications over which a
special trial counsel exercises authority pursuant to section 824a
of title 10, United States Code (article 24a of the Uniform Code
of Military Justice) (as added by section 531 of the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117–81; 135
Stat. 1692)), are transferred to the military judge, the special trial
counsel, or other authority as appropriate in such cases by no
later than the effective date established in section 539C of the
National Defense Authorization Act for Fiscal Year 2022 (Public
Law 117–81; 10 U.S.C. 801 note), in consideration of due process
for all parties involved in such a case.
(d) AMENDMENT TO THE RULES FOR COURTS-MARTIAL.—The
President shall prescribe in regulation such modifications to Rule
813 of the Rules for Courts-Martial and other Rules as appropriate
to ensure that at the beginning of each court-martial convened,
the presentation of orders does not in open court specify the name,
rank, or position of the convening authority convening such court,
unless such convening authority is the Secretary concerned, the
Secretary of Defense, or the President.
(e) BRIEFING REQUIRED.—Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense shall
provide to the Committees on Armed Services of the Senate and
the House of Representatives a briefing on the progress of the
Department of Defense in implementing this section, including an
identification of—
(1) the duties to be transferred under subsection (c);

H. R. 7776—187
(2) the positions to which those duties will be transferred;
and
(3) any provisions of law or Rules for Courts Martial that
must be amended or modified to fully complete the transfer.
(f) ADDITIONAL REPORTING RELATING TO IMPLEMENTATION OF
SUBTITLE D OF TITLE V OF THE NATIONAL DEFENSE AUTHORIZATION
ACT FOR FISCAL YEAR 2022.—Not later than February 1, 2025,
and annually thereafter for five years, the Secretary of Defense
shall submit to the Committees on Armed Services of the Senate
and the House of Representatives a report assessing the holistic
effect of the reforms contained in subtitle D of title V of the
National Defense Authorization Act for Fiscal Year 2022 (Public
Law 117–81) on the military justice system. The report shall include
the following elements:
(1) An overall assessment of the effect such reforms have
had on the military justice system and the maintenance of
good order and discipline in the ranks.
(2) The percentage of caseload and courts-martial assessed
as meeting, or having been assessed as potentially meeting,
the definition of ‘‘covered offense’’ under section 801(17) of
title 10, United States Code (article 1(17) of the Uniform Code
of Military Justice) (as added by section 533 of the National
Defense Authorization Act for Fiscal Year 2022 (Public Law
117–81; 135 17 Stat. 1695)), disaggregated by offense and military service where possible.
(3) An assessment of prevalence and data concerning disposition of cases by commanders after declination of prosecution
by special trial counsel, disaggregated by offense and military
service when possible.
(4) Assessment of the effect, if any, the reforms contained
in such subtitle have had on non-judicial punishment concerning covered and non-covered offenses.
(5) A description of the resources and personnel required
to maintain and execute the reforms made by such subtitle
during the reporting period relative to fiscal year 2022.
(6) A description of any other factors or matters considered
by the Secretary to be important to a holistic assessment of
those reforms on the military justice system.
SEC. 542. TECHNICAL CORRECTIONS RELATING TO SPECIAL TRIAL
COUNSEL.

(a) TECHNICAL CORRECTIONS.—Section 824a(c)(3) of title 10,
United States Code (article 24a(c)(3) of the Uniform Code of Military
Justice), is amended—
(1) by striking ‘‘Subject to paragraph (4)’’ and inserting
‘‘Subject to paragraph (5)’’; and
(2) in subparagraph (D), by striking ‘‘an ordered rehearing’’
and inserting ‘‘an authorized rehearing’’.
(b) EFFECTIVE DATE.—The amendments made by subsection
(a) shall take effect immediately after the coming into effect of
the amendments made by section 531 of the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117–81; 135
Stat. 1692) as provided in section 539C of that Act (10 U.S.C.
801 note).

H. R. 7776—188
SEC. 543. RANDOMIZATION OF COURT-MARTIAL PANELS.

(a) IN GENERAL.—Section 825(e) of title 10, United States Code
(article 25(e) of the Uniform Code of Military Justice), is amended
by adding at the end the following new paragraph:
‘‘(4) When convening a court-martial, the convening authority
shall detail as members thereof members of the armed forces under
such regulations as the President may prescribe for the randomized
selection of qualified personnel, to the maximum extent practicable.’’.
(b) EFFECTIVE DATE.—The amendment made by subsection (a)
shall take effect on the date that is two years after the date
of the enactment of this Act and shall apply with respect to courtsmartial convened on or after that effective date.
(c) REGULATIONS.—Not later than the effective date specified
in subsection (b), the President shall prescribe regulations implementing the requirement under paragraph (4) of section 825(e)
of title 10, United States Code (article 25(e) of the Uniform Code
of Military Justice), as added by subsection (a) of this section.
SEC. 544. JURISDICTION OF COURTS OF CRIMINAL APPEALS.

(a) WAIVER OF RIGHT TO APPEAL; WITHDRAWAL OF APPEAL.—
Section 861(d) of title 10, United States Code (article 61(d) of
the Uniform Code of Military Justice), is amended by striking
‘‘A waiver’’ and inserting ‘‘Except as provided by section 869(c)(2)
of this title (article 69(c)(2)), a waiver’’.
(b) JURISDICTION.—Section 866 of title 10, United States Code
(article 66 of the Uniform Code of Military Justice), is amended—
(1) in subsection (b)(1), by striking ‘‘shall have jurisdiction
over’’ and all that follows through the period at the end of
subparagraph (D) and inserting the following: ‘‘shall have jurisdiction over—
‘‘(A) a timely appeal from the judgment of a court-martial,
entered into the record under section 860c(a) of this title (article
60c(a)), that includes a finding of guilty; and
‘‘(B) a summary court-martial case in which the accused
filed an application for review with the Court under section
869(d)(1) of this title (article 69(d)(1)) and for which the application has been granted by the Court.’’; and
(2) in subsection (c), by striking ‘‘is timely if’’ and all
that follows through the period at the end of paragraph (2)
and inserting the following: ‘‘is timely if—
‘‘(1) in the case of an appeal under subparagraph (A) of
such subsection, it is filed before the later of—
‘‘(A) the end of the 90-day period beginning on the
date the accused is provided notice of appellate rights
under section 865(c) of this title (article 65(c)); or
‘‘(B) the date set by the Court of Criminal Appeals
by rule or order; and
‘‘(2) in the case of an appeal under subparagraph (B) of
such subsection, an application for review with the Court is
filed not later than the earlier of the dates established under
section 869(d)(2)(B) of this title (article 69(d)(2)(B)).’’.
(c) REVIEW BY JUDGE ADVOCATE GENERAL.—Section 869 of title
10, United States Code (article 69 of the Uniform Code of Military
Justice), is amended—
(1) by amending subsection (a) to read as follows:

H. R. 7776—189
‘‘(a) IN GENERAL.—Upon application by the accused or receipt
of the record pursuant to section 864(c)(3) of this title (article
64(c)(3)) and subject to subsections (b), (c), and (d), the Judge
Advocate General may—
‘‘(1) with respect to a summary court-martial, modify or
set aside, in whole or in part, the findings and sentence; or
‘‘(2) with respect to a general or special court-martial, order
such court-martial to be reviewed under section 866 of this
title (article 66).’’; and
(2) in subsection (b)—
(A) by inserting ‘‘(1)’’ before ‘‘To qualify’’; and
(B) by striking ‘‘not later than one year after’’ and
all that follows through the period at the end and inserting
the following: ‘‘not later than—
‘‘(A) for a summary court-martial, one year after the date
of completion of review under section 864 of this title (article
64); or
‘‘(B) for a general or special court-martial, one year after
the end of the 90-day period beginning on the date the accused
is provided notice of appellate rights under section 865(c) of
this title (article 65(c)), unless the accused submitted a waiver
or withdrawal of appellate review under section 861 of this
title (article 61) before being provided notice of appellate rights,
in which case the application must be submitted to the Judge
Advocate General not later than one year after the entry of
judgment under section 860c of this title (article 60c).
‘‘(2) The Judge Advocate General may, for good cause shown,
extend the period for submission of an application, except that—
‘‘(A) in the case of an application for review of a summary
court martial, the Judge Advocate may not consider an application submitted more than three years after the completion
date referred to in paragraph (1)(A); and
‘‘(B) in case of an application for review of a general or
special court-martial, the Judge Advocate may not consider
an application submitted more than three years after the end
of the applicable period under paragraph (1)(B).’’;
(3) in subsection (c)—
(A) in paragraph (1)(A), by striking ‘‘section 864 or
865(b) of this title (article 64 or 65(b))’’ and inserting ‘‘section 864 of this title (article 64)’’; and
(B) in paragraph (2), by striking ‘‘the Judge Advocate
General shall order appropriate corrective action under
rules prescribed by the President’’ and inserting ‘‘the Judge
Advocate General shall send the case to the Court of
Criminal Appeals’’; and
(4) in subsection (d)—
(A) in paragraph (1), by striking ‘‘under subsection
(c)—’’ and all that follows through ‘‘(B) in a case submitted’’
and inserting ‘‘under subsection (c)(1) in a case submitted’’;
and
(B) in paragraph (2), in the matter preceding subparagraph (A), by striking ‘‘paragraph (1)(B)’’ and inserting
‘‘paragraph (1)’’.
(d) APPLICABILITY.—The amendments made by this section shall
not apply to—

H. R. 7776—190
(1) any matter that was submitted before the date of the
enactment of this Act to a Court of Criminal Appeals established under section 866 of title 10, United States Code (article
66 of the Uniform Code of Military Justice); or
(2) any matter that was submitted before the date of the
enactment of this Act to a Judge Advocate General under
section 869 of such title (article 69 of the Uniform Code of
Military Justice).
SEC. 545. SPECIAL TRIAL COUNSEL OF THE DEPARTMENT OF THE
AIR FORCE.

(a) IN GENERAL.—Section 1044f of title 10, United States Code,
is amended—
(1) in subsection (a), in the matter preceding paragraph
(1), by striking ‘‘The policies shall’’ and inserting ‘‘Subject to
subsection (c), the policies shall’’;
(2) by redesignating subsection (c) as subsection (d); and
(3) by inserting after subsection (b) the following new subsection:
‘‘(c) SPECIAL TRIAL COUNSEL OF DEPARTMENT OF THE AIR
FORCE.—In establishing policies under subsection (a), the Secretary
of Defense shall—
‘‘(1) in lieu of providing for separate offices for the Air
Force and Space Force under subsection (a)(1), provide for
the establishment of a single dedicated office from which office
the activities of the special trial counsel of the Department
of the Air Force shall be supervised and overseen; and
‘‘(2) in lieu of providing for separate lead special trial
counsels for the Air Force and Space Force under subsection
(a)(2), provide for the appointment of one lead special trial
counsel who shall be responsible for the overall supervision
and oversight of the activities of the special trial counsel of
the Department of the Air Force.’’.
(b) EFFECTIVE DATE.—The amendments made subsection (a)
shall take effect immediately after the coming into effect of the
amendments made by section 532 of the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117–81; 135
Stat. 1694) as provided in section 539C of that Act (10 U.S.C.
801 note).
SEC. 546. INDEPENDENT INVESTIGATION OF SEXUAL HARASSMENT.

(a) DEFINITIONS.—Subsection (e) of section 1561 of title 10,
United States Code, as amended by section 543 of the National
Defense Authorization Act for Fiscal Year 2022 (Public Law 117–
81; 135 Stat. 1709), is amended to read as follows:
‘‘(e) DEFINITIONS.—In this section:
‘‘(1) The term ‘independent investigator’ means a civilian
employee of the Department of Defense or a member of the
Army, Navy, Marine Corps, Air Force, or Space Force who—
‘‘(A) is outside the immediate chain of command of
the complainant and the subject of the investigation; and
‘‘(B) is trained in the investigation of sexual harassment, as determined by—
‘‘(i) the Secretary of Defense, in the case of a
civilian employee of the Department of Defense;
‘‘(ii) the Secretary of the Army, in the case of
a member of the Army;

H. R. 7776—191
‘‘(iii) the Secretary of the Navy, in the case of
a member of the Navy or Marine Corps; or
‘‘(iv) the Secretary of the Air Force, in the case
of a member of the Air Force or Space Force.
‘‘(2) The term ‘sexual harassment’ means conduct that constitutes the offense of sexual harassment as punishable under
section 934 of this title (article 134) pursuant to the regulations
prescribed by the Secretary of Defense for purposes of such
section (article).’’.
(b) EFFECTIVE DATE.—The amendment made by subsection (a)
shall take effect immediately after the coming into effect of the
amendments made by section 543 of the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117–81; 135
Stat. 1709) as provided in subsection (c) of that section.
SEC.

547.

PRIMARY
PREVENTION
WORKFORCE.

RESEARCH

AGENDA

AND

(a) ANNUAL PRIMARY PREVENTION RESEARCH AGENDA.—Section
549A(c) of the National Defense Authorization Act for Fiscal Year
2022 (Public Law 117–81; 135 Stat. 1722) is amended—
(1) by redesignating paragraphs (2), (3), and (4) as paragraphs (5), (6), and (7), respectively;
(2) by inserting after paragraph (1) the following new paragraphs:
‘‘(2) include a focus on whether and to what extent subpopulations of the military community may be targeted for
interpersonal violence more than others;
‘‘(3) seek to identify factors that influence the prevention,
perpetration, and victimization of interpersonal and selfdirected violence;
‘‘(4) seek to improve the collection and dissemination of
data on hazing and bullying related to interpersonal and selfdirected violence;’’; and
(3) by amending paragraph (6), as redesignated by paragraph (1) of this section, to read as follows:
‘‘(6) incorporate collaboration with other Federal departments and agencies, including the Department of Health and
Human Services and the Centers for Disease Control and
Prevention, State governments, academia, industry, federally
funded research and development centers, nonprofit organizations, and other organizations outside of the Department of
Defense, including civilian institutions that conduct similar
data-driven studies, collection, and analysis; and’’.
(b) PRIMARY PREVENTION WORKFORCE.—Section 549B of the
National Defense Authorization Act for Fiscal Year 2022 (Public
Law 117–81; 135 Stat. 1722) is amended—
(1) in subsection (c)—
(A) in paragraph (2), by striking ‘‘subsection (a)’’ and
inserting ‘‘paragraph (1)’’; and
(B) by adding at the end the following new paragraph:
‘‘(3) COMPTROLLER GENERAL REPORT.—Not later than one
year after the date of the enactment of this paragraph, the
Comptroller General of the United States shall submit to the
congressional defense committees a report that—

H. R. 7776—192
‘‘(A) compares the sexual harassment and prevention
training of the Department of Defense with similar programs at other departments and agencies of the Federal
Government; and
‘‘(B) includes relevant data collected by colleges and
universities and other relevant outside entities on hazing
and bullying and interpersonal and self-directed violence.’’;
and
(2) by adding at the end the following new subsection:
‘‘(e) INCORPORATION OF RESEARCH AND FINDINGS.—The Secretary of Defense shall ensure that the findings and conclusions
from the primary prevention research agenda established under
section 549A are regularly incorporated, as appropriate, within
the primary prevention workforce established under subsection (a).’’.
SEC. 548. 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 or otherwise made available for fiscal year
2023 for the Army may be obligated or expended to relocate an
Army CID special agent training course until—
(1)(A) the Secretary of the Army submits to the Committees
on Armed Services of the Senate and the House of Representatives—
(i) the evaluation and plan required by subsection (a)
of section 549C of the National Defense Authorization Act
for Fiscal Year 2022 (Public Law 117–81; 135 Stat. 1724);
(ii) the implementation plan required by subsection
(b) of such section; and
(iii) 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;
(B) the Secretary provides to the Committee on Armed
Services of the House of Representatives a briefing on the
contents of each report specified in subparagraph (A); and
(C) a period of 90 days has elapsed following the briefing
under subparagraph (B); and
(2) the Secretary submits a written certification to the
Committees on Armed Services of the Senate and the House
of Representatives indicating that the Army has fully complied
with subsection (c) of section 549C of the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117–81;
135 Stat. 1724) with regard to locations at which military
criminal investigative training is conducted.
(b) DEFINITIONS.—In this section:
(1) The term ‘‘relocate’’, when used with respect to an
Army CID special agent training course, means the transfer
of such course to a location different than the location used
for such course as of the date of the enactment of this Act.
(2) The term ‘‘Army CID special agent training course’’
means a training course provided to members of the Army
to prepare such members for service as special agents in the
Army Criminal Investigation Division.

H. R. 7776—193
SEC. 549. REVIEW OF TITLING AND INDEXING PRACTICES OF THE
ARMY AND CERTAIN OTHER ORGANIZATIONS.

(a) REVIEW OF TITLING AN INDEXING DECISIONS.—Not later
than 180 days after the date of the enactment of this Act, the
Secretary of the Army shall review the case file of each member
or former member of the Army, the Army Reserve, or the Army
National Guard who was titled or indexed in connection with the
Guard Recruiting Assistance Program, the Army Reserve Recruiting
Assistance Program, or any related activity to determine the appropriateness of the titling or indexing decision that was made with
respect to such member or former member.
(b) FACTORS TO BE CONSIDERED.—In reviewing a titling or
indexing decision under subsection (a), the Secretary of the Army
shall consider—
(1) the likelihood that the member or former member to
whom the decision pertains will face future criminal prosecution
or other adverse action on the basis of the facts in the record
at the time of the review;
(2) the appropriate evidentiary standard to apply to the
review of the decision; and
(3) such other circumstances or factors as the Secretary
determines are in the interest of equity and fairness.
(c) NOTIFICATION AND APPEAL.—
(1) IN GENERAL.—Upon the completion of each review under
subsection (a), the Secretary of the Army shall notify the
member or former member concerned of such review, the disposition of the relevant instance of titling or indexing, and
the mechanisms the member or former member may pursue
to seek correction, removal, or expungement of that instance
of titling or indexing.
(2) NOTIFICATION OF NEXT OF KIN.—In a case in which
a member or former member required to be notified under
paragraph (1) is deceased, the Secretary of the Army shall
provide the notice required under such paragraph to the primary next of kin of the member or former member.
(d) ACTIONS BY THE SECRETARY OF THE ARMY.—If the Secretary
of the Army determines that correction, removal, or expungement
of an instance of titling or indexing is appropriate after considering
the factors under subsection (b), the Secretary of the Army may
request that the name, personally identifying information, and other
information relating to the individual to whom the titling or
indexing pertains be corrected in, removed from, or expunged from,
the following:
(1) A law enforcement or criminal investigative report of
the Department of Defense or any component of the Department.
(2) An index item or entry in the Department of Defense
Central Index of Investigations (DCII).
(3) Any other record maintained in connection with a report
described in paragraph (1), or an index item or entry described
in paragraph (2), in any system of records, records database,
records center, or repository maintained by or on behalf of
the Department, including entries in the Federal Bureau of
Investigation’s Interstate Identification Index or any successor
system.
(e) REPORT OF SECRETARY OF THE ARMY.—Not later than 180
days after the completion of the review required by subsection

H. R. 7776—194
(a), the Secretary of the Army shall submit to the Committees
on Armed Services of the Senate and the House of Representatives
a report on the results of the review. The report shall include
the following:
(1) The total number of instances of titling and indexing
reviewed under such subsection.
(2) The number of cases in which action was taken to
correct, remove, or expunge an instance of titling or indexing.
(3) The number of members and former members who
remain titled after the conclusion of the review.
(4) The number of members and former members who
remain indexed after the conclusion of the review.
(5) A brief description of the reasons the members and
former members counted under paragraphs (3) and (4) remain
titled or indexed.
(6) Such other matters as the Secretary determines appropriate.
(f) SECRETARY OF DEFENSE REVIEW AND REPORT.—
(1) REVIEW.—The Secretary of Defense shall conduct a
review the titling and indexing practices of the criminal investigative organizations of the Armed Forces. Such review shall
include—
(A) an assessment of the practices of titling and
indexing and the continued relevance of such practices
to the operation of such criminal investigative organizations;
(B) an evaluation of the suitability of the evidentiary
requirements and related practices for titling and indexing
in effect at the time of the review; and
(C) the development of recommendations, as appropriate, to improve the consistency, accuracy, and utility
of the titling and indexing processes across such criminal
investigative organizations.
(2) REPORT.—Not later than one year after the date of
the enactment of this Act, the Secretary of Defense shall submit
to the Committees on Armed Services of the Senate and the
House of Representatives a report on the results of the review
conducted under paragraph (1).
(g) DEFINITIONS.—In this section:
(1) The term ‘‘titling’’ means the practice of identifying
an individual as the subject of a criminal investigation the
records of a military criminal investigative organization and
storing such information in a database or other records system.
(2) The term ‘‘indexing’’ means the practice of submitting
an individual’s name or other personally identifiable information to the Federal Bureau of Investigation’s Interstate Identification Index, or any successor system.
SEC. 549A. BRIEFING AND REPORT ON RESOURCING REQUIRED FOR
IMPLEMENTATION OF MILITARY JUSTICE REFORM.

(a) BRIEFING AND REPORT REQUIRED.—
(1) BRIEFING.—Not later than March 1, 2023, and no less
frequently than once every 180 days thereafter through
December 31, 2024, each Secretary concerned shall provide
to the appropriate congressional committees a briefing that
details the resourcing necessary to implement subtitle D of
title V of the National Defense Authorization Act for Fiscal

H. R. 7776—195
Year 2022 (Public Law 117–81) and the amendments made
by that subtitle.
(2) REPORT.—Not later than one year after the date of
the enactment of this Act, each Secretary concerned shall
submit to the appropriate congressional committees a report
that details the resourcing necessary to implement subtitle
D of title V of the National Defense Authorization Act for
Fiscal Year 2022 (Public Law 117–81) and the amendments
made by that subtitle.
(3) FORM OF BRIEFING AND REPORT.—The Secretaries concerned may provide the briefings and report required under
paragraphs (1) and (2) jointly, or separately, as determined
appropriate by such Secretaries.
(b) ELEMENTS.—The briefing and report required under subsection (a) shall address the following:
(1) The number of personnel and personnel authorizations
(military and civilian) required by the Armed Forces to implement and execute the provisions of subtitle D of title V of
the National Defense Authorization Act for Fiscal Year 2022
(Public Law 117–81) and the amendments made by that subtitle.
(2) The basis for the numbers provided pursuant to paragraph (1), including the following:
(A) A description of the organizational structure in
which such personnel or groups of personnel are or will
be aligned.
(B) The nature of the duties and functions to be performed by any such personnel or groups of personnel across
the domains of policy-making, execution, assessment, and
oversight.
(C) The optimum caseload goal assigned to the following categories of personnel who are or will participate
in the military justice process: criminal investigators of
different levels and expertise, laboratory personnel, defense
counsel, special trial counsel, military defense counsel, military judges, military magistrates, and paralegals.
(D) Any required increase in the number of personnel
currently authorized in law to be assigned to the Armed
Force concerned.
(3) The nature and scope of any contract required by the
Armed Force concerned to implement and execute the provisions of subtitle D of title V of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81) and the
amendments made by that subtitle.
(4) The amount and types of additional funding required
by the Armed Force concerned to implement the provisions
of subtitle D of title V of the National Defense Authorization
Act for Fiscal Year 2022 (Public Law 117–81) and the amendments made by that subtitle.
(5) Any additional authorities required to implement the
provisions of subtitle D of title V of the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117–81)
and the amendments made by that subtitle.
(6) Any additional information the Secretary concerned
determines is necessary to ensure the manning, equipping,
and resourcing of the Armed Forces to implement and execute
the provisions of subtitle D of title V of the National Defense

H. R. 7776—196
Authorization Act for Fiscal Year 2022 (Public Law 117–81)
and the amendments made by that subtitle.
(c) DEFINITIONS.—In this section:
(1) The term ‘‘appropriate congressional committees’’
means—
(A) the Committee on Armed Services, the Committee
on Commerce, Science, and Transportation, and the Committee on Appropriations of the Senate; and
(B) the Committee on Armed Services, the Committee
on Transportation and Infrastructure, and the Committee
on Appropriations of the House of Representatives.
(2) The term ‘‘Secretary concerned’’ has the meaning given
that term in section 101(a) of title 10, United States Code.
SEC. 549B. REPORT ON SHARING INFORMATION WITH COUNSEL FOR
VICTIMS OF OFFENSES UNDER THE UNIFORM CODE OF
MILITARY JUSTICE.

(a) REPORT REQUIRED.—Not later than one year after the date
of the enactment of this Act, the Defense Advisory Committee
on Investigation, Prosecution, and Defense of Sexual Assault in
the Armed Forces (referred to in this section as the ‘‘Advisory
Committee’’) shall submit to the Committees on Armed Services
of the Senate and the House of Representatives and each Secretary
concerned a report on the feasibility and advisability of establishing
a uniform policy for the sharing of the information described in
subsection (c) with a Special Victims’ Counsel, Victims’ Legal
Counsel, or other counsel representing a victim of an offense under
chapter 47 of title 10, United States Code (the Uniform Code
of Military Justice).
(b) ELEMENTS.—The report under subsection (a) shall include
the following:
(1) An assessment of the feasibility and advisability of
establishing the uniform policy described in subsection (a),
including an assessment of the potential effects of such a policy
on—
(A) the privacy of individuals;
(B) the criminal investigative process; and
(C) the military justice system generally.
(2) If the Advisory Committee determines that the
establishment of such a policy is feasible and advisable, a
description of—
(A) the stages of the military justice process at which
the information described in subsection (c) should be made
available to counsel representing a victim; and
(B) any circumstances under which some or all of such
information should not be shared.
(3) Such recommendations for legislative or administrative
action as the Advisory Committee considers appropriate.
(c) INFORMATION DESCRIBED.—The information described in this
subsection is the following:
(1) Any recorded statements of the victim to investigators.
(2) The record of any forensic examination of the person
or property of the victim, including the record of any sexual
assault forensic exam of the victim that is in possession of
investigators or the Government.
(3) Any medical record of the victim that is in the possession of investigators or the Government.

H. R. 7776—197
(d) SECRETARY CONCERNED DEFINED.—In this section, the term
‘‘Secretary concerned’’ has the meaning given that term in section
101(a)(9) of title 10, United States Code.
SEC. 549C. DISSEMINATION OF CIVILIAN LEGAL SERVICES INFORMATION.

Not later than one year after the date of the enactment of
this Act, the Secretary of Defense, acting through the head of
the Sexual Assault Prevention and Response Office of the Department of Defense, shall ensure that information on the availability
of legal resources from civilian legal service organizations is distributed to military-connected sexual assault victims in an organized
and consistent manner.

Subtitle F—Member Education
SEC. 551. AUTHORIZATION OF CERTAIN SUPPORT FOR MILITARY
SERVICE ACADEMY FOUNDATIONS.

(a) IN GENERAL.—Subchapter I of chapter 134 of title 10, United
States Code, is amended by inserting after section 2245 the end
the following new section:
‘‘§ 2246. Authorization of certain support for military service
academy foundations
‘‘(a) AUTHORITY.—Subject to subsection (b) and pursuant to
regulations prescribed by the Secretary of Defense, the Superintendent of a Service Academy may authorize a covered foundation
to use, on an unreimbursed basis, facilities or equipment of such
Service Academy.
‘‘(b) LIMITATIONS.—Use of facilities or equipment under subsection (a) may be provided only if such use—
‘‘(1) is without any liability of the United States to the
covered foundation;
‘‘(2) does not affect the ability of any official or employee
of the military department concerned, or any member of the
armed forces, to carry out any responsibility or duty in a
fair and objective manner;
‘‘(3) does not compromise the integrity or appearance of
integrity of any program of the military department concerned,
or any individual involved in such a program;
‘‘(4) does not include the participation of any cadet or
midshipman, other than participation in an honor guard at
an event of the covered foundation;
‘‘(5) complies with the Joint Ethics Regulation; and
‘‘(6) has been reviewed and approved by an attorney of
the military department concerned.
‘‘(c) BRIEFING.—In any fiscal year during which the Superintendent of a Service Academy exercises the authority under subsection (a), the Secretary of the military department concerned
shall provide a briefing not later than the last day of that fiscal
year to the Committees on Armed Services of the Senate and
House of Representatives regarding the number of events or activities of a covered foundation supported by such exercise during
such fiscal year.
‘‘(d) DEFINITIONS.—In this section:
‘‘(1) The term ‘covered foundation’ means a charitable, educational, or civic nonprofit organization under section 501(c)(3)

H. R. 7776—198
of the Internal Revenue Code of 1986, that the Secretary concerned determines operates exclusively to support, with respect
to a Service Academy, any of the following:
‘‘(A) Recruiting.
‘‘(B) Parent or alumni development.
‘‘(C) Academic, leadership, or character development.
‘‘(D) Institutional development.
‘‘(E) Athletics.
‘‘(2) The term ‘Service Academy’ has the meaning given
such term in section 347 of this title.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such subchapter is amended by inserting after the item
relating to item 2245 the following new item:
‘‘2246. Authorization of certain support for military service academy foundations.’’.
SEC. 552. INDIVIDUALS FROM THE DISTRICT OF COLUMBIA WHO MAY
BE CONSIDERED FOR APPOINTMENT TO MILITARY
SERVICE ACADEMIES.

(a) UNITED STATES MILITARY ACADEMY.—Section 7442 of title
10, United States Code, is amended, in subsection (b)(5), by striking
‘‘paragraphs (3) and (4)’’ and inserting ‘‘paragraphs (3) through
(10)’’.
(b) UNITED STATES NAVAL ACADEMY.—Section 8454 of title
10, United States Code, is amended, in subsection (b)(5), by striking
‘‘paragraphs (3) and (4)’’ and inserting ‘‘paragraphs (3) through
(10)’’.
(c) UNITED STATES AIR FORCE ACADEMY.—Section 9442 of title
10, United States Code, is amended, in subsection (b)(5), by striking
‘‘paragraphs (3) and (4)’’ and inserting ‘‘paragraphs (3) through
(10)’’.
SEC. 553. AGREEMENT BY A CADET OR MIDSHIPMAN TO PLAY PROFESSIONAL SPORT CONSTITUTES A BREACH OF AGREEMENT
TO SERVE AS AN OFFICER.

(a) UNITED STATES MILITARY ACADEMY.—Section 7448 of title
10, United States Code, is amended as follows:
(1) Paragraph (5) of subsection (a) is amended to read
as follows:
‘‘(5) That the cadet may not obtain employment as a professional athlete until two years after the cadet graduates from
the Academy.’’.
(2) Subsection (b) is amended by adding at the end the
following new paragraph:
‘‘(4) A cadet who violates paragraph (5) of subsection (a) is
not eligible for the alternative obligation under paragraph (1).’’.
(3) Subsection (c) is amended—
(A) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and
(B) by inserting, after paragraph (1), the following
new paragraph (2):
‘‘(2) that a cadet who obtains employment as a professional
athlete—
‘‘(A) in violation of paragraph (5) of subsection (a)
has breached an agreement under such subsection; and
‘‘(B) at least two years after the cadet graduates from
the Academy has not breached an agreement under subsection (a);’’.

H. R. 7776—199
(4) Subsection (d) is amended—
(A) by striking ‘‘with respect to an officer who is a
graduate of the Academy’’ and inserting ‘‘with respect to
a cadet’’; and
(B) by striking ‘‘officer’s’’ and inserting ‘‘cadet’s’’.
(5) Subsection (f) is amended by striking ‘‘the terms’’ and
inserting ‘‘each term’’.
(b) UNITED STATES NAVAL ACADEMY.—Section 8459 of title
10, United States Code, is amended as follows:
(1) Paragraph (5) of subsection (a) is amended to read
as follows:
‘‘(5) That the midshipman may not obtain employment
as a professional athlete until two years after the midshipman
graduates from the Academy.’’.
(2) Subsection (b) is amended by adding at the end the
following new paragraph:
‘‘(4) A midshipman who violates paragraph (5) of subsection
(a) is not eligible for the alternative obligation under paragraph
(1).’’.
(3) Subsection (c) is amended—
(A) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and
(B) by inserting, after paragraph (1), the following
new paragraph (2):
‘‘(2) that a midshipman who obtains employment as a
professional athlete—
‘‘(A) in violation of paragraph (5) of subsection (a)
has breached an agreement under such subsection; and
‘‘(B) at least two years after the midshipman graduates
from the Academy has not breached an agreement under
subsection (a);’’.
(4) Subsection (d) is amended—
(A) by striking ‘‘with respect to an officer who is a
graduate of the Academy’’ and inserting ‘‘with respect to
a midshipman’’; and
(B) by striking ‘‘officer’s’’ and inserting ‘‘midshipman’s’’.
(5) Subsection (f) is amended by striking ‘‘the terms’’ and
inserting ‘‘each term’’.
(c) UNITED STATES AIR FORCE ACADEMY.—Section 9448 of title
10, United States Code, is amended as follows:
(1) Paragraph (5) of subsection (a) is amended to read
as follows:
‘‘(5) That the cadet may not obtain employment as a professional athlete until two years after the cadet graduates from
the Academy.’’.
(2) Subsection (b) is amended by adding at the end the
following new paragraph:
‘‘(4) A cadet who violates paragraph (5) of subsection (a) is
not eligible for the alternative obligation under paragraph (1).’’.
(3) Subsection (c) is amended—
(A) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and
(B) by inserting, after paragraph (1), the following
new paragraph (2):
‘‘(2) that a cadet who obtains employment as a professional
athlete—

H. R. 7776—200
‘‘(A) in violation of paragraph (5) of subsection (a)
has breached an agreement under such subsection; and
‘‘(B) at least two years after the cadet graduates from
the Academy has not breached an agreement under subsection (a);’’.
(4) Subsection (d) is amended—
(A) by striking ‘‘with respect to an officer who is a
graduate of the Academy’’ and inserting ‘‘with respect to
a cadet’’; and
(B) by striking ‘‘officer’s’’ and inserting ‘‘cadet’s’’.
(5) Subsection (f) is amended by striking ‘‘the terms’’ and
inserting ‘‘each term’’.
SEC. 554. NAVAL POSTGRADUATE SCHOOL AND UNITED STATES AIR
FORCE INSTITUTE OF TECHNOLOGY: TERMS OF PROVOSTS
AND CHIEF ACADEMIC OFFICERS.

(a) NAVAL POSTGRADUATE SCHOOL.—
(1) IN GENERAL.—Section 8543 of title 10, United States
Code, is amended—
(A) by striking ‘‘Academic Dean’’ each place it appears
and inserting ‘‘Chief Academic Officer’’;
(B) in subsection (a), by striking the second sentence
and inserting ‘‘An individual selected by the Secretary of
the Navy for the position of Provost and Chief Academic
Officer shall serve in that position for a term of not more
than five years and may be continued in that position
for an additional term of up to five years.’’
(2) TECHNICAL AND CONFORMING AMENDMENTS.—
(A) SECTION HEADING.—The heading of such section
is amended by striking ‘‘Academic Dean’’ and inserting
‘‘Chief Academic Officer’’.
(B) TABLE OF SECTIONS.—The table of sections at the
beginning of chapter 855 of such title is amended by
striking the item relating to section 8543 and inserting
the following new item:
‘‘8543. Provost and Chief Academic Officer.’’.

(C)
CONFORMING
AMENDMENT.—Section
8542(a)(4)(A)(ii)(II) of such title is amended by striking
‘‘permanently appointed to the position of Provost and Academic Dean’’ and inserting ‘‘selected for the position of
Provost and Chief Academic Officer’’.
(b) UNITED STATES AIR FORCE INSTITUTE OF TECHNOLOGY.—
Subsection (b) of section 9414b of such title is amended—
(1) in the heading, by striking ‘‘ACADEMIC DEAN’’ and
inserting ‘‘CHIEF ACADEMIC OFFICER’’;
(2) by striking ‘‘Academic Dean’’ each place it appears
and inserting ‘‘Chief Academic Officer’’;
(3) in paragraph (1), by striking ‘‘appointed’’ and inserting
‘‘selected’’; and
(4) by striking paragraph (2) and inserting the following:
‘‘(2) TERM.—An individual selected for the position of Provost and Chief Academic Officer shall serve in that position
for a term of not more than five years and may be continued
in that position for an additional term of up to five years.’’.

H. R. 7776—201
SEC. 555. NAVAL POSTGRADUATE SCHOOL: ATTENDANCE BY ENLISTED
MEMBERS.

(a) IN GENERAL.—Subsection (a)(2)(D)(iii) of section 8545 of
title 10, United States Code, is amended by striking ‘‘only on
a space-available basis’’.
(b) BRIEFING.—Six years after the date of the enactment of
this Act, the Secretary of Defense shall brief the Committees on
Armed Services of the Senate and House of Representatives on
the effects of increasing enrollment of enlisted members at the
Naval Postgraduate School pursuant to the amendment made by
subsection (a). Such briefing shall include the following elements:
(1) Any increase to the effectiveness, readiness, or lethality
of the Armed Forces.
(2) Effects on rates of recruitment, promotion (including
compensation to members), and retention.
SEC. 556. MODIFICATION OF ANNUAL REPORT ON DEMOGRAPHICS OF
MILITARY SERVICE ACADEMY APPLICANTS.

Subsection (c)(2) of section 575 of the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year
2021 (Public Law 116–283; 10 U.S.C. 7442 note) is amended by
adding at the end the following new subparagraph:
‘‘(C) Anything the Secretary determines to be significant regarding gender, race, ethnicity, or other demographic information, described in subsection (b), of such
individuals.’’.
SEC. 557. STUDY AND REPORT ON PROFESSIONAL MILITARY EDUCATION.

(a) REPORT.—Not later than December 1, 2025, the Secretary
of Defense, in coordination with the Chairman of the Joint Chiefs
of Staff and the Secretaries of the military departments, shall
submit to the Committees on Armed Services of the Senate and
House of Representatives a report on the effectiveness of PME
in educating officers of the Armed Forces.
(b) ELEMENTS.—The Secretary of Defense shall include in the
report the following elements:
(1) DEFINITIONS; PURPOSE STATEMENT.—In order to improve
readiness and create a culture of lifelong learning for PME
students and faculty—
(A) recommendations regarding whether to define
PME, or to revise existing definitions in section 2151 of
title 10, United States Code; and
(B) a purpose statement for PME.
(2) COURSE OF STUDY.—With regards to a course of study
in PME—
(A) an analysis of, and legislative recommendations
regarding, the existing three-phase approach to JPME
under section 2154 of title 10, United States Code.
(B) legislative recommendations regarding developing
a statutory three-phase approach for PME other than
JPME, similar to such approach for JPME; and
(C) a proposed career learning plan, provided to an
officer every two years, to track the progress of such officer
in achieving PME and JPME outcomes and other career
milestones.

H. R. 7776—202
(3) CURRICULUM EVALUATION.—An evaluation of curricula
of institutions of PME, including—
(A) compliance with subject matter requirements under
chapter 107 of title 10, United States Code;
(B) legislative recommendations regarding such subject
matter requirements, including whether to include the
national defense strategy in such requirements;
(C) the curriculum development process, including
whether such process is responsive to changing global
threats, and any ways to improve such process to be able
to make rapid, relevant, and responsive curriculum
updates;
(D) current modes of instruction and related recommendations, including the use of interactive seminars,
war games, simulations, experiential learning, and iterative
case studies;
(E) special areas of focus regarding innovation,
including disruptive change, adaptive thinking, design
thinking, cyber security, artificial intelligence, applied
design for innovation, and other areas the Secretary determines appropriate; and
(F) the development and assessment of learning outcomes regarding lethality and strategic influence.
(4) SYSTEMS OF ACCOUNTABILITY AND PERFORMANCE.—An
evaluation of the following accountability and performance systems:
(A) Student performance assessments.
(B) The documentation of student performance in military service records.
(C) Consideration of student performance records in
the determination of assignments and promotions.
(D) Consideration of expertise or academic focus in
the determination of assignments.
(5) ACADEMIC FACULTY AND STUDENT REVIEW SYSTEM.—
A summary of current processes to review the following:
(A) The means by which faculty assigned to teach
PME (including members of the Armed Forces and civilian
personnel) are selected, managed, promoted, and evaluated.
(B) The academic freedom of faculty described in
subparagraph (A).
(C) A review of how members are selected for residential and non-residential PME, including the consideration
of student performance assessments during PME.
(6) INTERACTIONS OF WITH INSTITUTIONS OF PME CIVILIAN
INSTITUTIONS.—
(A) PARTNERSHIPS.—A review of existing academic
partnerships between institutions of PME and civilian
institutions, including—
(i) the scopes, purposes, and lengths of such partnerships;
(ii) any research, curriculum development, or
sharing of faculty or students between institutions;
and
(iii) any collaborations or exchanges by faculties
or students.

H. R. 7776—203
(B) CONSORTIUM.—An appraisal of a prospective
consortium of institutions of PME and civilian institutions,
including—
(i) the feasability and advisability of establishing
such a consortium;
(ii) recommendations, if any, regarding potential
consortium members;
(iii) the anticipated costs and timeline to establish
such a consortium; and
(iii) whether the inclusion of the Naval Postgraduate School or Air Force Institute of Technology
in such a consortium would require legislation.
(7) ORGANIZATION.—With regards to the organizational
structure and lines of authority established pursuant to section
2152 of title 10, United States Code—
(A) an analysis; and
(B) any legislative recommendations.
(c) INTERIM BRIEFINGS AND FINAL REPORT.—
(1) INITIAL BRIEFING.—Not later than June 1, 2023, the
Secretary of Defense shall provide to the Committees on Armed
Services of the House of Representatives and the Senate an
initial briefing on the progress of the Secretary in preparing
the report.
(2) INTERIM BRIEFINGS.—Every six months after the initial
briefing, the Secretary of Defense shall provide to the Committees on Armed Services of the House of Representatives and
the Senate an interim briefing on the progress and contents
of the report.
(3) FINAL BRIEFING.—Not later than December 1, 2025,
in conjunction with issuance of the final report, the Secretary
of Defense shall provide to the Committees on Armed Services
of the Senate and House of Representatives a final briefing
on the findings and recommendations in the report.
(d) DEFINITIONS.—In this section:
(1) The term ‘‘institutions of PME’’ means—
(A) the professional military education schools;
(B) the senior level service schools;
(C) the intermediate level service schools;
(D) the joint intermediate level service school;
(E) the Naval Postgraduate School; and
(F) the Air Force Institute of Technology.
(2) The terms ‘‘intermediate level service school’’, ‘‘joint
intermediate level service school’’, and ‘‘senior level service
school’’ have the meaning given such terms in section 2151
of title 10, United States Code.
(3) The term ‘‘JPME’’ means ‘‘joint professional military
education’’ has the meaning given such term in section 2151
of title 10, United States Code.
(4) The term ‘‘PME’’ means professional military education,
including JPME.
(5) The term ‘‘professional military education schools’’
means the schools specified in section 2162(b) of title 10, United
States Code.

H. R. 7776—204
SEC. 558. REPORT ON TREATMENT OF CHINA IN CURRICULA OF
PROFESSIONAL MILITARY EDUCATION.

(a) IN GENERAL.—Not later than December 1, 2023, the Secretary of Defense shall submit to the Committees on Armed Services
of the Senate and House of Representatives a report regarding
the treatment of China in the curricula of institutions of military
education, including changes to such treatment implemented in
the five years preceding the date of such report.
(b) DEFINITIONS.—In this section:
(1) The term ‘‘institutions of military education’’ means—
(A) the professional military education schools;
(B) the senior level service schools;
(C) the intermediate level service schools;
(D) the joint intermediate level service school;
(E) the Naval Postgraduate School; and
(F) the Air Force Institute of Technology.
(2) The terms ‘‘intermediate level service school’’, ‘‘joint
intermediate level service school’’, and ‘‘senior level service
school’’ have the meaning given such terms in section 2151
of title 10, United States Code.
(3) The term ‘‘professional military education schools’’
means the schools specified in section 2162 of title 10, United
States Code.

Subtitle G—Member Training and
Transition
SEC. 561. CODIFICATION OF SKILLBRIDGE PROGRAM.

(a) IN GENERAL.—Section 1143(e) of title 10, United States
Code, is amended—
(1) in the heading, by adding ‘‘; SKILLBRIDGE’’ after
‘‘TRAINING’’; and
(2) in paragraph (1), by adding at the end ‘‘Such a program
shall be known as ‘Skillbridge’.’’.
(b) REGULATIONS.—To carry out Skillbridge, the Secretary of
Defense shall, not later than September 30, 2023—
(1) update Department of Defense Instruction 1322.29,
titled ‘‘Job Training, Employment Skills Training, Apprenticeships, and Internships (JTEST-AI) for Eligible Service Members’’; and
(2) develop a funding plan for Skillbridge that includes
funding lines across the future-years defense program under
section 221 of title 10, United States Code.
SEC. 562. PILOT PROGRAM ON REMOTE PERSONNEL PROCESSING IN
THE ARMY.

(a) ESTABLISHMENT.—Not later than January 1, 2024, the Secretary of the Army shall implement a pilot program to expedite
in-processing and out-processing at one or more military installations—
(1) under the jurisdiction of such Secretary; and
(2) located within the continental United States.
(b) FUNCTIONS.—The pilot program shall perform the following
functions:

H. R. 7776—205
(1) Enable the remote in-processing and out-processing of
covered personnel, including by permitting covered personnel
to sign forms electronically.
(2) Reduce the number of hours required of covered personnel for in-processing and out-processing.
(3) Provide, to covered personnel and the commander of
a military installation concerned, electronic copies of records
related to in-processing and out-processing.
(c) TERMINATION.—The pilot program shall terminate on
January 1st, 2027.
(d) REPORT.—Not later than January 1, 2026, the Secretary
shall submit to the Committees on Armed Services of the Senate
and House of Representatives a report regarding the pilot program,
including the recommendation of the Secretary whether to make
the pilot program permanent.
(e) DEFINITIONS.—In this section:
(1) The term ‘‘covered personnel’’ includes members of the
Army and civilian employees of the Department of the Army.
(2) The term ‘‘in-processing’’ means the administrative
activities that covered personnel undertake pursuant to a
permanent change of station.
(3) The term ‘‘out-processing’’ means the administrative
activities that covered personnel undertake pursuant to a
permanent change of station, separation from the Army, or
end of employment with the Department of the Army.
SEC. 563. ANNUAL REPORT ON MEMBERS SEPARATING FROM ACTIVE
DUTY WHO FILE CLAIMS FOR DISABILITY BENEFITS.

(a) REPORT REQUIRED.—Not later than one year after the date
of the enactment of this Act, and not later than each January
1 thereafter through 2025, the Secretary of Defense, in consultation
with the Secretary of Veterans Affairs, shall submit to the appropriate congressional committees a report on members of the Armed
Forces who file claims for disability benefits.
(b) ELEMENTS.—The report under this section shall include,
for the period beginning on October 1, 2019, through the month
that ended most recently before the date of the report, the number
of members serving on active duty, disaggregated by Armed Force,
who filed a claim for disability benefits—
(1) more than 180 days before the discharge or release
of such member from active duty;
(2) between 180 and 90 days before the discharge or release
of such member from active duty;
(3) fewer than 90 days before the discharge or release
of such member from active duty;
(4) before separation and was issued a decision letter before
the discharge or release of such member from active duty;
(5) before separation and was issued a decision letter after
the discharge or release of such member from active duty;
(6) completed a mental health evaluation before the discharge or release of such member from active duty; and
(7) did not complete a mental health evaluation before
the discharge or release of such member from active duty.
(c) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In
this section, the term ‘‘appropriate congressional committees’’ means
the following:

H. R. 7776—206
(1) The Committees on Armed Services of the Senate and
House of Representatives.
(2) The Committees on Veterans’ Affairs of the Senate
and House of Representatives.
SEC. 564. FEMALE MEMBERS OF CERTAIN ARMED FORCES AND
CIVILIAN EMPLOYEES OF THE DEPARTMENT OF DEFENSE
IN STEM.

(a) STUDY ON MEMBERS AND CIVILIANS.—Not later than September 30, 2023, the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and House of Representatives a briefing containing the results of a study on how
to increase participation of covered individuals in positions in the
covered Armed Forces or Department of Defense and related to
STEM.
(b) DEFINITIONS.—In this section:
(1) The term ‘‘covered Armed Force’’ means an Armed
Force under the jurisdiction of the Secretary of a military
department.
(2) The term ‘‘covered individual’’ means a female—
(A) member of a covered Armed Force; or
(B) civilian employee of the Department of Defense.
(3) The term ‘‘STEM’’ means science, technology,
engineering, and mathematics.

Subtitle H—Military Family Readiness and
Dependents’ Education
SEC. 571. CLARIFICATION AND EXPANSION OF AUTHORIZATION OF
SUPPORT FOR CHAPLAIN-LED PROGRAMS FOR MEMBERS
OF THE ARMED FORCES.

(a) IN GENERAL.—Section 1789 of title 10, United States Code,
is amended—
(1) in subsection (a)—
(A) by striking ‘‘chaplain-led programs’’ and inserting
‘‘a chaplain-led program’’;
(B) by striking ‘‘members of the armed forces’’ and
all that follows through ‘‘status and their immediate family
members,’’ and inserting ‘‘a covered individual’’; and
(C) by inserting ‘‘, or to support the resiliency, suicide
prevention, or holistic wellness of such covered individual’’
after ‘‘structure’’;
(2) in subsection (b)—
(A) by striking ‘‘members of the armed forces and their
family members’’ and inserting ‘‘a covered individual’’;
(B) by striking ‘‘programs’’ and inserting ‘‘a program’’;
and
(C) by striking ‘‘retreats and conferences’’ and inserting
‘‘a retreat or conference’’; and
(3) by striking subsection (c) and inserting the following:
‘‘(c) COVERED INDIVIDUAL DEFINED.—In this section, the term
‘covered individual’ means—
‘‘(1) a member of the armed forces on active duty;
‘‘(2) a member of the reserve components in an active
status; or

H. R. 7776—207
‘‘(3) a dependent of an individual described in subparagraph
(A) or (B).’’.
(b) ANNUAL BRIEFINGS.—Not later than one year after the
date of the enactment of this Act, and annually thereafter for
five years, the Secretary of Defense shall submit to the Committees
on Armed Services of the Senate and House of Representatives
a briefing on implementation of the amendments made by this
section. Each such briefing shall include the following:
(1) The frequency with which the Secretaries of the military
departments used the authority under such amendments in
the year preceding the date of the briefing.
(2) Lessons learned from such usage.
SEC. 572. PILOT PROGRAM TO EXPAND ELIGIBILITY FOR ENROLLMENT
AT DOMESTIC DEPENDENT ELEMENTARY AND SECONDARY
SCHOOLS: EXTENSION; REPORT.

(a) EXTENSION.—Section 589C(e) of the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year
2021 (Public Law 116–283; 10 U.S.C. 2164 note) is amended by
striking ‘‘four years after the date of the enactment of this Act’’
and inserting ‘‘on July 1, 2029’’.
(b) REPORT REQUIRED.—
(1) IN GENERAL.—Not later than December 31, 2028, the
Secretary of Defense shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a
report on the conduct of the pilot program under such section.
(2) ELEMENTS.—The report shall include a description of—
(A) the locations at which the pilot program is carried
out;
(B) the number of students participating in the pilot
program for each academic year by location; and
(C) the outcome measures used to gauge the value
of the pilot program to the Department of Defense.
SEC. 573. COMMERCIAL AIR WAIVER FOR NEXT OF KIN REGARDING
TRANSPORTATION OF REMAINS OF CASUALTIES.

Section 580A of the National Defense Authorization Act for
Fiscal Year 2020 (Public Law 116–92) is amended by adding at
the end the following:
‘‘(c) TRANSPORTATION OF DECEASED MILITARY MEMBER.—In the
event of a death that requires the Secretary concerned to provide
a death benefit under subchapter II of chapter 75 of title 10,
United States Code, such Secretary—
‘‘(1) shall provide the next of kin or other appropriate
person a commercial air travel use waiver for the transportation
of deceased remains of military member who dies outside of—
‘‘(A) the United States; and
‘‘(B) a theater of combat operations; or
‘‘(2) may provide the next of kin or other appropriate person
a commercial air travel use waiver for the transportation of
deceased remains of military member who dies inside a theater
of combat operations.’’.
SEC. 574. CERTAIN ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES
THAT BENEFIT DEPENDENTS OF MILITARY AND CIVILIAN
PERSONNEL.

(a) CONTINUATION OF AUTHORITY TO ASSIST LOCAL EDUAGENCIES THAT BENEFIT DEPENDENTS OF MEMBERS OF

CATIONAL

H. R. 7776—208
THE ARMED FORCES AND DEPARTMENT OF DEFENSE CIVILIAN
EMPLOYEES.—
(1) ASSISTANCE TO SCHOOLS WITH SIGNIFICANT NUMBERS
OF MILITARY DEPENDENT STUDENTS.—Of the amount authorized

to be appropriated for fiscal year 2023 by section 301 and
available for operation and maintenance for Defense-wide
activities as specified in the funding table in section 4301,
$50,000,000 shall be available only for the purpose of providing
assistance to local educational agencies under subsection (a)
of section 572 of the National Defense Authorization Act for
Fiscal Year 2006 (Public Law 109–163; 20 U.S.C. 7703b).
(2) LOCAL EDUCATIONAL AGENCY DEFINED.—In this subsection, the term ‘‘local educational agency’’ has the meaning
given that term in section 7013(9) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7713(9)).
(b) IMPACT AID FOR CHILDREN WITH SEVERE DISABILITIES.—
(1) IN GENERAL.—Of the amount authorized to be appropriated for fiscal year 2023 pursuant to section 301 and available for operation and maintenance for Defense-wide activities
as specified in the funding table in section 4301, $10,000,000
shall be available for payments under section 363 of the Floyd
D. Spence National Defense Authorization Act for Fiscal Year
2001 (as enacted into law by Public Law 106–398; 114 Stat.
1654A–77; 20 U.S.C. 7703a).
(2) ADDITIONAL AMOUNT.—Of the amount authorized to
be appropriated for fiscal year 2023 pursuant to section 301
and available for operation and maintenance for Defense-wide
activities as specified in the funding table in section 4301,
$10,000,000 shall be available for use by the Secretary of
Defense to make payments to local educational agencies determined by the Secretary to have higher concentrations of military dependent students with severe disabilities.
(3) REPORT.—Not later than March 31, 2023, the Secretary
shall brief the Committees on Armed Services of the Senate
and the House of Representatives on the evaluation of the
Secretary of each local educational agency with higher concentrations of military dependent students with severe disabilities and subsequent determination of the amounts of impact
aid each such agency shall receive.
SEC. 575. ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES THAT BENEFIT DEPENDENTS OF MEMBERS OF THE ARMED FORCES
WITH ENROLLMENT CHANGES DUE TO BASE CLOSURES,
FORCE STRUCTURE CHANGES, OR FORCE RELOCATIONS.

(a) ASSISTANCE AUTHORIZED.—To assist communities in making
adjustments resulting from changes in the size or location of the
Armed Forces, the Secretary of Defense shall provide financial
assistance to an eligible local educational agency described in subsection (b) if, during the period between the end of the school
year preceding the fiscal year for which the assistance is authorized
and the beginning of the school year immediately preceding that
school year, the local educational agency—
(1) had (as determined by the Secretary of Defense in
consultation with the Secretary of Education) an overall
increase or reduction of—

H. R. 7776—209
(A) not less than five percent in the average daily
attendance of military dependent students in the schools
of the local educational agency; or
(B) not less than 500 military dependent students in
average daily attendance in the schools of the local educational agency; or
(2) is projected to have an overall increase, between fiscal
years 2023 and 2028, of not less than 500 military dependent
students in average daily attendance in the schools of the
local educational agency as the result of a signed record of
decision.
(b) ELIGIBLE LOCAL EDUCATIONAL AGENCIES.—A local educational agency is eligible for assistance under subsection (a) for
a fiscal year if—
(1) 20 percent or more of students enrolled in schools
of the local educational agency are military dependent students;
and
(2) in the case of assistance described in subsection (a)(1),
the overall increase or reduction in military dependent students
in schools of the local educational agency is the result of one
or more of the following:
(A) The global rebasing plan of the Department of
Defense.
(B) The official creation or activation of one or more
new military units.
(C) The realignment of forces as a result of the base
closure process.
(D) A change in the number of housing units on a
military installation.
(E) A signed record of decision.
(c) CALCULATION OF AMOUNT OF ASSISTANCE.—
(1) PRO RATA DISTRIBUTION.—The amount of the assistance
provided under subsection (a) to a local educational agency
that is eligible for such assistance for a fiscal year shall be
equal to the product obtained by multiplying—
(A) the per-student rate determined under paragraph
(2) for that fiscal year; by
(B) the net of the overall increases and reductions
in the number of military dependent students in schools
of the local educational agency, as determined under subsection (a).
(2) PER-STUDENT RATE.—For purposes of paragraph (1)(A),
the per-student rate for a fiscal year shall be equal to the
dollar amount obtained by dividing—
(A) the total amount of funds made available for that
fiscal year to provide assistance under subsection (a); by
(B) the sum of the overall increases and reductions
in the number of military dependent students in schools
of all eligible local educational agencies for that fiscal year
under that subsection.
(3) MAXIMUM AMOUNT OF ASSISTANCE.—A local educational
agency may not receive more than $15,000,000 in assistance
under subsection (a) for any fiscal year.
(d) DURATION.—Assistance may not be provided under subsection (a) after September 30, 2028.
(e) NOTIFICATION.—Not later than June 30, 2023, and June
30 of each fiscal year thereafter for which funds are made available

H. R. 7776—210
to carry out this section, the Secretary of Defense shall notify
each local educational agency that is eligible for assistance under
subsection (a) for that fiscal year of—
(1) the eligibility of the local educational agency for the
assistance; and
(2) the amount of the assistance for which the local educational agency is eligible.
(f) DISBURSEMENT OF FUNDS.—The Secretary of Defense shall
disburse assistance made available under subsection (a) for a fiscal
year not later than 30 days after the date on which notification
to the eligible local educational agencies is provided pursuant to
subsection (e) for that fiscal year.
(g) BRIEFING REQUIRED.—Not later than March 1, 2023, the
Secretary of Defense shall brief the Committees on Armed Services
of the Senate and the House of Representatives on the estimated
cost of providing assistance to local educational agencies under
subsection (a) through September 30, 2028.
(h) ELIGIBLE USES.—Amounts disbursed to a local education
agency under subsection (f) may be used by such local educational
agency for—
(1) general fund purposes;
(2) special education;
(3) school maintenance and operation;
(4) school expansion; or
(5) new school construction.
(i) FUNDING.—
(1) INCREASE.—Notwithstanding the amounts set forth in
the funding tables in division D, the amount authorized to
be appropriated in section 301 for Operation and Maintenance,
Defense-wide, Department of Defense Education Activity, Line
390, as specified in the corresponding funding table in section
4301, is hereby increased by $15,000,000 for purposes of this
section.
(2) OFFSET.—Notwithstanding the amounts set forth in
the funding tables in division D, the amount authorized to
be appropriated in section 301 for Operation and Maintenance,
Defense-wide, for Washington Headquarters Services, Line 500,
as specified in the corresponding funding table in section 4301,
is hereby reduced by $15,000,000.
(j) DEFINITIONS.—In this section:
(1) The term ‘‘base closure process’’ means any base closure
and realignment process conducted after the date of the enactment of this Act under section 2687 of title 10, United States
Code, or any other similar law enacted after that date.
(2) The term ‘‘local educational agency’’ has the meaning
given that term in section 7013(9) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7713(9)).
(3) The term ‘‘military dependent students’’ means—
(A) elementary and secondary school students who are
dependents of members of the Armed Forces; and
(B) elementary and secondary school students who are
dependents of civilian employees of the Department of
Defense.
(4) The term ‘‘State’’ means each of the several States
and the District of Columbia.

H. R. 7776—211
SEC. 576. PILOT PROGRAM ON HIRING OF SPECIAL NEEDS INCLUSION
COORDINATORS FOR DEPARTMENT OF DEFENSE CHILD
DEVELOPMENT CENTERS.

(a) IN GENERAL.—The Secretary of Defense, in coordination
with the Secretaries of the military departments, shall carry out
a pilot program to hire special needs inclusion coordinators at
child development centers selected by the Secretary under subsection (b).
(b) SELECTION OF CENTERS.—The Secretary of Defense shall
select the child development centers at which the pilot program
required by subsection (a) will be carried out based on—
(1) the number of dependent children enrolled in the Exceptional Family Member Program at the military installation
on which the center in located;
(2) the number of children with special needs enrolled
in the center; and
(3) such other considerations as the Secretary, in consultation with the Secretaries of the military departments, considers
appropriate.
(c) FUNCTIONS.—Each special needs inclusion coordinator
assigned to a child development center under the pilot program
required by subsection (a) shall—
(1) coordinate intervention and inclusion services at the
center;
(2) provide direct classroom support; and
(3) provide guidance and assistance relating to the
increased complexity of working with the behaviors of children
with special needs.
(d) BRIEFINGS REQUIRED.—
(1) BRIEFING ON ANTICIPATED COSTS.—Not later than March
1, 2023, the Secretary of Defense shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the anticipated costs for the pilot
program required by subsection (a).
(2) BRIEFING ON EFFECTIVENESS OF PROGRAM.—Not later
than September 30, 2025, the Secretary of Defense shall provide
to the Committees on Armed Services of the Senate and the
House of Representatives a briefing on the pilot program
required by subsection (a) that includes—
(A) the number of special needs inclusion coordinators
hired under the pilot program;
(B) a description of any issues relating to the retention
of those coordinators;
(C) a recommendation with respect to whether the
pilot program should be made permanent or expanded to
other military installations; and
(D) an assessment of the amount of funding required
to make the pilot program permanent or expand the pilot
program to other military installations, as the Secretary
recommends under subparagraph (C).
(e) DURATION OF PILOT PROGRAM.—The pilot program required
by subsection (a) shall—
(1) commence not later than January 1, 2024; and
(2) terminate on December 31, 2026.
(f) CHILD DEVELOPMENT CENTER DEFINED.—In this section,
the term ‘‘child development center’’ has the meaning given that

H. R. 7776—212
term in section 2871(2) of title 10, United States Code, and includes
a facility identified as a child care center or day care center.
SEC. 577. PROMOTION OF CERTAIN CHILD CARE ASSISTANCE.

(a) IN GENERAL.—Each Secretary concerned shall promote, to
members of the Armed Forces under the jurisdiction of such Secretary concerned, awareness of child care assistance available
under—
(1) section 1798 of title 10, United States Code; and
(2) section 589 of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (Public Law
116–283; 10 U.S.C. 1791 note).
(b) REPORTING.—Not later than one year after the date of
the enactment of this Act, each Secretary concerned shall submit
to the Committees on Armed Services of the Senate and House
of Representatives a report summarizing activities taken by such
Secretary concerned to carry out subsection (a).
(c) SECRETARY CONCERNED DEFINED.—In this section, the term
‘‘Secretary concerned’’ has the meaning given such term in section
101 of title 10, United States Code.
SEC. 578. INDUSTRY ROUNDTABLE ON MILITARY SPOUSE HIRING.

(a) IN GENERAL.—Not later than 180 days after the date of
the enactment of this Act, the Under Secretary of Defense for
Personnel and Readiness shall seek to convene an industry roundtable to discuss the hiring of military spouses. Such discussion
shall include the following elements:
(1) The value of, and opportunities to, private entities that
hire military spouses.
(2) Career opportunities for military spouses.
(3) Understanding the challenges that military spouses
encounter in the labor market.
(4) Gaps and opportunities in the labor market for military
spouses.
(5) Best hiring practices from industry leaders in human
resources.
(6) The benefits of portable licenses and interstate licensure
compacts for military spouses.
(b) PARTICIPANTS.—The participants in the roundtable shall
include the following:
(1) The Under Secretary of Defense for Personnel and
Readiness.
(2) The Assistant Secretary for Manpower and Reserve
Affairs of each military department.
(3) The Director of the Defense Human Resources Activity.
(4) Other officials of the Department of Defense the Secretary of Defense determines appropriate.
(5) Private entities that elect to participate.
(c) NOTICE.—The Under Secretary shall publish notice of the
roundtable in multiple private sector forums and the Federal Register to encourage participation in the roundtable by private entities
and entities interested in the hiring of military spouses.
(d) BRIEFING.—Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall provide a
briefing to the Committees on Armed Services of the Senate and
House of Representatives on the lessons learned from the roundtable, including the recommendation of the Secretary whether to
convene the roundtable annually.

H. R. 7776—213
SEC. 579. RECOMMENDATIONS FOR THE IMPROVEMENT OF THE MILITARY INTERSTATE CHILDREN’S COMPACT.

(a) RECOMMENDATIONS REQUIRED.—The Secretaries concerned,
in consultation with States through the Defense-State Liaison
Office, shall develop recommendations to improve the Military Interstate Children’s Compact.
(b) CONSIDERATIONS.—In carrying out subsection (a), the Secretaries concerned shall—
(1) identify any barriers—
(A) to the ability of a parent of a transferring militaryconnected child to enroll the child, in advance, in an
elementary or secondary school in the State in which the
child is transferring, without requiring the parent or child
to be physically present in the State; and
(B) to the ability of a transferring military-connected
child who receives special education services to gain access
to such services and related supports in the State to which
the child transfers within the timeframes required under
the Individuals with Disabilities Education Act (20 U.S.C.
1400 et seq.);
(2) consider the feasibility and advisability of—
(A) tracking and reporting the number of families who
use advanced enrollment in States that offer advanced
enrollment to military-connected children;
(B) States clarifying in legislation that eligibility for
advanced enrollment requires only written evidence of a
permanent change of station order, and does not require
a parent of a military-connected child to produce a rental
agreement or mortgage statement; and
(C) the Secretary of Defense, in coordination with the
Military Interstate Children’s Compact, developing a letter
or other memorandum that military families may present
to local educational agencies that outlines the protections
afforded to military-connected children by the Military
Interstate Children’s Compact; and
(3) identify any other actions that may be taken by the
States (acting together or separately) to improve the Military
Interstate Children’s Compact.
(c) REPORT REQUIRED.—Not later than one year after the date
of the enactment of this Act, the Secretaries concerned shall submit
to the Committees on Armed Services of the Senate and House
of Representatives, and to the States, a report setting forth the
recommendations developed under subsection (a).
(d) DEFINITIONS.—In this section:
(1) The terms ‘‘armed forces’’, ‘‘active duty’’ and ‘‘congressional defense committees’’ have the meanings given those
terms in section 101 of title 10, United States Code.
(2) The terms ‘‘child’’, ‘‘elementary school’’, ‘‘local educational agency’’, ‘‘secondary school’’, ‘‘parent’’, and ‘‘State’’ have
the meanings given those terms in section 8101 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801).
(3) The term ‘‘Military Interstate Children’s Compact’’
means the Interstate Compact on Educational Opportunity for
Military Children as described in Department of Defense
Instruction 1342.29, dated January 31, 2017 (or any successor
to such instruction).

H. R. 7776—214
(4) The term ‘‘Secretary concerned’’ means—
(A) the Secretary of Defense, with respect to matters
concerning the Department of Defense; and
(B) the Secretary of the department in which the Coast
Guard is operating, with respect to matters concerning
the Coast Guard when it is not operating as a service
in the Department of the Navy.
(5) The term ‘‘transferring military-connected child’’ means
the child of a parent who—
(A) is serving on active duty in the Armed Forces;
(B) is changing duty locations due to a permanent
change of station order; and
(C) has not yet established an ongoing physical presence in the State to which the parent is transferring.
SEC. 579A. FEASIBILITY OF INCLUSION OF AU PAIRS IN PILOT PROGRAM TO PROVIDE FINANCIAL ASSISTANCE TO MEMBERS
OF THE ARMED FORCES FOR IN-HOME CHILD CARE.

Not later than one year after the date of the enactment of
this Act, the Secretary of Defense, in coordination with the Secretary of State, shall submit, to the Committees on Armed Services
of the Senate and House of Representatives, a briefing containing
the assessment of the Secretary of Defense of the feasibility, advisability, and considerations of expanding eligibility for the pilot
program under section 589 of the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021 (Public
Law 116–283; 10 U.S.C. 1791 note) to members of the Armed
Forces who participate in an exchange visitor program under section
62.31 of title 22, Code of Federal Regulations, or successor regulation.
SEC. 579B. BRIEFING ON POLICIES REGARDING SINGLE PARENTS
SERVING AS MEMBERS OF THE ARMED FORCES.

Not later than September 30, 2023, the Secretary of Defense
shall submit to the Committees on Armed Services of the Senate
and House of Representatives a briefing on regulations and rules
of the Department of Defense regarding single parents serving
as members of the Armed Forces. Such briefing shall include ways
the Secretary has determined to improve such regulations and
rules.
SEC. 579C. PUBLIC REPORTING ON CERTAIN MILITARY CHILD CARE
PROGRAMS.

Not later than September 30, 2023, and each calendar quarter
thereafter, the Secretary of Defense shall post, on a publicly accessible website of the Department of Defense, information regarding
the Military Child Care in Your Neighborhood and Military Child
Care in Your Neighborhood-Plus programs, disaggregated by State,
ZIP code, and Armed Force. Such information shall include whether
each such provider is nationally accredited or rated by the Quality
Rating and Improvement System of the State.
SEC. 579D. BRIEFING ON VERIFICATION OF ELIGIBLE FEDERALLY CONNECTED CHILDREN FOR PURPOSES OF FEDERAL IMPACT
AID PROGRAMS.

Not later than February 1, 2023, the Secretary of Defense,
in consultation with the Secretaries of the military departments,

H. R. 7776—215
shall brief the Committees on Armed Services of the Senate and
House of Representatives on the following:
(1) The feasibility of developing a process whereby the
commander of a military installation may certify the information contained in impact aid source check forms received by
such commander from local educational agencies as of the date
of such certification.
(2) An estimate of resources, per military installation concerned, necessary to implement such a process, including personnel, information technology, and other costs.
(3) The estimated time required to implement such a
process, including time for the Secretary of Defense to develop
guidance regarding such a process.
(4) The possible benefits of working with local educational
agencies to ensure that impact aid source check forms are
submitted appropriately to enable such certification.
SEC. 579E. SENSE OF CONGRESS ON RIGHTS OF PARENTS OF CHILDREN ATTENDING SCHOOLS OPERATED BY THE DEPARTMENT OF DEFENSE EDUCATION ACTIVITY.

(a) SENSE OF CONGRESS.—It is the sense of Congress that
the parent of a child who attends a school operated by the Department of Defense Education Activity has parental rights as previously established by the Activity, including the following:
(1) The right to information about the curriculum and
instructional materials of the school.
(2) The right to be informed if the school or Department
of Defense Education Activity alters the school’s academic
standards or learning benchmarks.
(3) The right to meet with each teacher of their child
not less than twice during each school year, including meetings
in the form of parent-teacher conferences.
(4) The right to information about the budget of the school.
(5) The right to request information regarding the professional qualifications of their child’s classroom teacher.
(6) The right to address the school advisory committee
or the school board.
(7) The right to information about the school’s discipline
policy, including policies related to responding to any violent
activity in the school.
(8) The right to information about any plans to eliminate
gifted and talented programs or accelerated coursework at the
school.
(9) The right to be informed of the results of environmental
testing and safety at school facilities.
(b) REPORT.—Not later than six months after the date of the
enactment of this Act and consistent with the parental rights specified in subsection (a), the Director of the Department of Defense
Education Activity shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on
the parental rights specified in such subsection. The report shall
include, with respect to the schools operated by the Department
of Defense Education Activity, an explanation of—
(1) how and where a parent may access information about
their rights;
(2) the accessibility of that information;

H. R. 7776—216
(3) how such schools inform parents of their rights and
the means to access such rights; and
(4) the uniformity of parental rights across such schools.
(c) DEFINITION.—In this section, the term ‘‘school operated by
the Department of Defense Education Activity’’ means—
(1) a Department of Defense domestic dependent
elementary or secondary school, as described in section 2164
of title 10, United States Code; or
(2) any other elementary or secondary school or program
for dependents operated by the Department of Defense Education Activity.

Subtitle I—Decorations, Awards, and Other
Honors
SEC. 581. CLARIFICATION OF PROCEDURE FOR BOARDS FOR THE
CORRECTION OF MILITARY RECORDS TO REVIEW DETERMINATIONS REGARDING CERTAIN DECORATIONS.

Section 1552 of title 10, United States Code, is amended—
(1) by redesignating subsection (j) as subsection (k); and
(2) by inserting, after subsection (i), the following new
subsection:
‘‘(j) For a recommendation to award or upgrade a military
decoration or award submitted pursuant to section 1130 of this
title, a board determination in favor of the claimant shall allow
such a recommendation to proceed, and an award or upgrade to
be made by the applicable award authority, without regard to
the statutory time limitation contained in section 7274, section
8298, or section 9274 of this title, as the case may be.’’.
SEC. 582. AUTHORIZATIONS FOR CERTAIN AWARDS.

(a) AUTHORIZATION FOR AWARD OF THE MEDAL OF HONOR TO
FRED MCGEE FOR ACTS OF VALOR ON JUNE 16, 1952.—
(1) AUTHORIZATION.—Notwithstanding the time limitations
specified in section 7274 of title 10, United States Code, or
any other time limitation with respect to the awarding of certain medals to persons who served in the Armed Forces, the
President may award the Medal of Honor under section 7272
of such title to Fred McGee for the acts of valor described
in the paragraph (2).
(2) ACTS OF VALOR DESCRIBED.—The acts of valor described
in this paragraph are the actions of Fred McGee as a corporal
in the Army on June 16, 1952, for which he was previously
awarded the Silver Star.
(b) AUTHORIZATION FOR AWARD OF THE MEDAL OF HONOR TO
DAVID R. HALBRUNER FOR ACTS OF VALOR ON SEPTEMBER 11-12,
2012.—
(1) AUTHORIZATION.—Notwithstanding the time limitations
specified in section 7274 of title 10, United States Code, or
any other time limitation with respect to the awarding of certain medals to persons who served in the Armed Forces, the
President may award the Medal of Honor under section 7272
of such title to David R. Halbruner for the acts of valor
described in the paragraph (2).
(2) ACTS OF VALOR DESCRIBED.—The acts of valor described
in this paragraph are the actions of David R. Halbruner as

H. R. 7776—217
a master sergeant in the Army on September 11-12, 2012,
for which he was previously awarded the Distinguished-Service
Cross.
SEC. 583. POSTHUMOUS APPOINTMENT OF ULYSSES S. GRANT TO
GRADE OF GENERAL OF THE ARMIES OF THE UNITED
STATES.

The President is authorized to appoint Ulysses S. Grant posthumously to the grade of General of the Armies of the United
States, equal to the rank and precedence held by General John
J. Pershing pursuant to the Act titled ‘‘An Act Relating to the
creation of the office of General of the Armies of the United States’’,
approved September 3, 1919 (41 Stat. 283, ch. 56).
SEC. 584. ENHANCED INFORMATION RELATED TO AWARDING OF THE
PURPLE HEART.

(a) PUBLICATION OF AWARD CRITERIA.—Not later than 180 days
after the date of the enactment of this Act, each Chief of an
Armed Force shall publish on a publicly available website of such
Armed Force includes a link to—
(1) a description of the background of the Purple Heart;
(2) the eligibility criteria for awarding the Purple Heart;
and
(3) contact information for the awards and decorations
liaison of such Armed Force to facilitate confirmation, by a
veteran or a veteran’s next of kin, whether a veteran was
awarded the Purple Heart after December 31, 2002.
(b) REPORT.—Not later than one year after the date of the
enactment of this Act, each Chief of an Armed Force shall submit
to the congressional defense committees a report on implementation
of the requirements under subsection (a). The report shall—
(1) provide background on the website described in such
subsection;
(2) include the number of requests received by the Armed
Force related to confirming the award of a Purple Heart;
(3) describe the average response time for confirming the
award of a Purple Heart in response to an inquiry from a
veteran or next of kin; and
(4) include recommendations for decreasing the amount
of time taken to respond to such inquiries.

Subtitle J—Miscellaneous Reports and
Other Matters
SEC. 591. REPORT ON NON-CITIZEN MEMBERS OF THE ARMED FORCES.

Section 115a of title 10, United States Code, is amended by
adding at the end the following new subsection:
‘‘(h) Not later than April 1 each year, the Secretary shall
submit to Congress a report that sets forth the following with
respect to personnel:
‘‘(1) The number of members of the Armed Forces who
are not citizens of the United States during the year covered
by such report.
‘‘(2) The immigration status of such members.
‘‘(3) The number of such members naturalized.’’.

H. R. 7776—218
SEC. 592. NOTIFICATION ON MANNING OF AFLOAT NAVAL FORCES:
MODIFICATIONS; CODIFICATION.

(a) REPEALS.—
(1) SUNSET.—Subsection (e) of section 597 of the National
Defense Authorization Act for Fiscal Year 2020 (Public Law
116–92; 10 U.S.C. 8013 note) is repealed.
(2) OBSOLETE PROVISION.—Subsection (f) of such section
is repealed.
(b) DEFINITIONS: ADDITION; CLERICAL IMPROVEMENTS.—Subsection (d) of such section—
(1) is amended—
(A) by redesignating paragraphs (1), (2), and (3) as
paragraphs (3), (2), and (1), respectively;
(B) by striking the heading of each such paragraph;
and
(C) by adding at the end the following new paragraph:
‘‘(4) The term ‘surface combatant vessel’ means any littoral
combat ship (including the LCS–1 and LCS–2 classes), frigate
(including the FFG–62 class), destroyer (excluding the DDG–
1000 class), or cruiser (including the CG–47 class).’’; and
(2) is redesignated as subsection (e).
(c) ESTABLISHMENT OF CERTAIN CREWING REQUIREMENT.—Such
section is amended by inserting, after subsection (c), the following
new subsection (d):
‘‘(d) CREWING OF A SURFACE COMBATANT VESSEL: PROHIBITION;
EXCEPTION.—(1) Beginning on October 1, 2025, the Secretary of
the Navy may not assign more than one crew to a covered ship
that is a surface combatant vessel if any surface combatant vessel
was included in a notification under subsection (a) during the
12 months preceding such assignment.
‘‘(2) The prohibition under paragraph (1) shall not apply to
a littoral combat ship configured to conduct mine countermeasures
if the Secretary of the Navy submits to the congressional defense
committees a certification and detailed explanation that such ship
is unable to meet operational requirements regarding mine countermeasures, determined by the commander of a combatant command
concerned, with only one crew.’’.
(d) CODIFICATION.—
(1) IN GENERAL.—Such section, as amended by this section,
is transferred to chapter 825 of title 10, United States Code,
inserted after section 8226, and redesignated as section 8227.
(2) CLERICAL AMENDMENT.—The table of sections at the
beginning of such chapter is amended by adding, after the
item relating to section 8226, the following new item:
‘‘8227. Notifications on manning of afloat naval forces.’’.
SEC. 593. CLARIFICATION OF AUTHORITY OF NCMAF TO UPDATE CHAPLAINS HILL AT ARLINGTON NATIONAL CEMETERY.

Section 584(a) of the National Defense Authorization Act for
Fiscal Year 2022 (Public Law 117–81; 38 U.S.C. 2409 note) is
amended by adding at the end the following new paragraph:
‘‘(4) AUTHORITY OF SECRETARY OF THE ARMY.—The Secretary of the Army may permit NCMAF to carry out any
action authorized by this subsection without regard to the
time limitation under section 2409(b)(2)(C) of title 38, United
States Code.’’.

H. R. 7776—219
SEC. 594. DISINTERMENT OF REMAINS OF ANDREW CHABROL FROM
ARLINGTON NATIONAL CEMETERY.

(a) DISINTERMENT.—Not later than September 30, 2023, the
Secretary of the Army shall disinter the remains of Andrew Chabrol
from Arlington National Cemetery.
(b) NOTIFICATION.—The Secretary of the Army may not carry
out subsection (a) until after notifying the next of kin of Andrew
Chabrol.
(c) DISPOSITION.—After carrying out subsection (a), the Secretary of the Army shall—
(1) relinquish the remains to the next of kin described
in subsection (b); or
(2) if no such next of kin responds to notification under
subsection (b), arrange for disposition of the remains as the
Secretary of the Army determines appropriate.
SEC. 595. PILOT PROGRAM ON SAFE STORAGE OF PERSONALLY OWNED
FIREARMS.

(a) ESTABLISHMENT.—The Secretary of Defense shall establish
a pilot program to promote the safe storage of personally owned
firearms.
(b) ELEMENTS.—Under the pilot program under subsection (a),
the Secretary of Defense shall furnish to members of the Armed
Forces who are participating in the pilot program at military
installations selected under subsection (e) locking devices or firearm
safes, or both, for the purpose of securing personally owned firearms
when not in use (including by directly providing, subsidizing, or
otherwise making available such devices or safes).
(c) PARTICIPATION.—
(1) VOLUNTARY PARTICIPATION.—Participation by members
of the Armed Forces in the pilot program under subsection
(a) shall be on a voluntary basis.
(2) LOCATION OF PARTICIPANTS.—A member of the Armed
Forces may participate in the pilot program under subsection
(a) carried out at a military installation selected under subsection (e) regardless of whether the member resides at the
military installation.
(d) PLAN.—Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a plan for the implementation of the pilot program
under subsection (a).
(e) SELECTION OF INSTALLATIONS.—Not later than two years
after the date of the enactment of this Act, the Secretary of Defense
shall select not fewer than five military installations at which
to carry out the pilot program under subsection (a).
(f) EFFECT ON EXISTING POLICIES.—Nothing in this section shall
be construed to circumvent or undermine any existing safe storage
policies, laws, or regulations on military installations.
(g) REPORT.—Upon the termination under subsection (h) of
the pilot program under subsection (a), the Secretary of Defense
shall submit to the congressional defense committees a report containing the following information:
(1) The number and type of locking devices and firearm
safes furnished to members of the Armed Forces under the
pilot program.
(2) The cost of carrying out the pilot program.

H. R. 7776—220
(3) An analysis of the effect of the pilot program on suicide
prevention.
(4) Such other information as the Secretary may determine
appropriate, which shall exclude any personally identifiable
information about participants in the pilot program.
(h) TERMINATION.—The pilot program under subsection (a) shall
terminate on the date that is six years after the date of the enactment of this Act.
SEC. 596. PILOT PROGRAM ON CAR SHARING ON REMOTE OR ISOLATED
MILITARY INSTALLATIONS.

(a) DETERMINATION.—Not later than 180 days after the date
of the enactment of this Act, the Secretary of Defense shall determine whether it is feasible and advisable to carry out a pilot
program to allow car sharing on more than two remote or isolated
military installations.
(b) AUTHORITY.—If the Secretary determines that such a pilot
program is feasible and advisable, the Secretary shall submit to
the congressional defense committees a plan to carry out the pilot
program not later than 90 days after such determination.
(c) PROGRAM ELEMENTS.—To carry out a pilot program under
this section, the Secretary shall take steps including the following:
(1) Seek to enter into an agreement with an entity that—
(A) provides car sharing services; and
(B) is capable of serving the selected military installations.
(2) Provide to members assigned to such military installations the resources the Secretary determines necessary to
participate in such pilot program.
(3) Promote such pilot program to such members as the
Secretary determines.
(d) DURATION.—A pilot program under this section shall terminate two years after the Secretary commences such pilot program.
(e) REPORT.—Upon the termination of a pilot program under
this section, the Secretary of Defense shall submit to the congressional defense committees a report containing the following information:
(1) The number of individuals who used car sharing services
offered pursuant to the pilot program.
(2) The cost to the United States of the pilot program.
(3) An analysis of the effect of the pilot program on mental
health and community connectedness of members described
in subsection (b)(2).
(4) Other information the Secretary determines appropriate.
(f) MILITARY INSTALLATION DEFINED.—In this section, the term
‘‘military installation’’ has the meaning given such term in section
2801 of title 10, United States Code.
SEC. 597. BRIEFING ON THE EFFECTS OF ECONOMIC INFLATION ON
MEMBERS OF THE ARMED FORCES.

The Secretary of Defense shall submit to the Committees on
Armed Services of the Senate and House of Representatives a
briefing on the extent to which economic inflation has affected
members of the Armed Forces.

H. R. 7776—221
SEC. 598. STUDY ON IMPROVEMENT OF ACCESS TO VOTING FOR MEMBERS OF THE ARMED FORCES OVERSEAS.

(a) STUDY REQUIRED.—The Director of the Federal Voting
Assistance Program of the Department of Defense shall conduct
a study on means of improving access to voting for members of
the Armed Forces overseas.
(b) REPORT.—Not later than September 30, 2024, the Director
shall submit to Congress a report on the results of the study
conducted under subsection (a). The report shall include the following:
(1) The results of a survey, undertaken for purposes of
the study, of Voting Assistance Officers and members of the
Armed Forces overseas on means of improving access to voting
for such members, including through the establishment of unitlevel assistance mechanisms or permanent voting assistance
offices.
(2) An estimate of the costs and requirements in connection
with an expansion of the number of Voting Assistance Officers
in order to fully meet the needs of members of the Armed
Forces overseas for access to voting.
(3) A description and assessment of various actions to
be undertaken under the Federal Voting Assistance Program
in order to increase the capabilities of the Voting Assistance
Officer program.
SEC. 599. REPORT ON INCIDENCE OF MILITARY SUICIDES BY MILITARY
JOB CODE.

(a) REPORT.—Not later than December 31, 2023, the Secretary
of Defense, in coordination with the Secretary of Homeland Security
with regards to the Coast Guard, shall conduct a review and submit
to the Committees on Armed Services of the Senate and House
of Representatives a report on the rates of suicides in the Armed
Forces, beginning after September 11, 2001, disaggregated by—
(1) year;
(2) military job code (Army military occupational specialty,
Navy enlisted classification or billet, Marine Corps military
occupational specialty, Air Force specialty code, or Coast Guard
rating); and
(3) whether the member was serving on active duty, in
the National Guard, or as a Reserve.
(b) ELEMENTS.—The report required under subsection (a) shall
include the following elements:
(1) A compilation of suicide data by military job code to
determine which military career fields have a higher per capita
suicide rate compared to—
(A) other military career fields for the same period;
(B) the overall suicide rate for each Armed Force for
the same period;
(C) the overall suicide rate for the Department of
Defense for the same period; and
(D) the national suicide rate for the same period.
(2) A disaggregation of suicide data by age categories consistent with the age categories used in the Department of
Defense Annual Suicide Report.

H. R. 7776—222
(c) INTERIM BRIEFING.—Not later than June 1, 2023, the Secretary of Defense shall provide to the Committees on Armed Services of the Senate and House of Representatives a briefing on
the preliminary findings of the review conducted under this section.
SEC. 599A. REPORT ON EFFORTS TO PREVENT AND RESPOND TO
DEATHS BY SUICIDE IN THE NAVY.

(a) REVIEW REQUIRED.—The Inspector General of the Department of Defense shall conduct a review of the efforts by the Secretary of the Navy to—
(1) prevent incidents of deaths by suicide, suicide attempts,
and suicidal ideation among covered members; and
(2) respond to such incidents.
(b) ELEMENTS OF REVIEW.—The study conducted under subsection (a) shall include an assessment of each of the following:
(1) The extent of data collected regarding incidents of
deaths by suicide, suicide attempts, and suicidal ideation among
covered members, including data regarding whether such covered members are assigned to sea duty or shore duty at the
time of such incidents.
(2) The means used by commanders to prevent and respond
to incidents of deaths by suicide, suicide attempts, and suicidal
ideation among covered members.
(3) Challenges related to—
(A) the prevention of incidents of deaths by suicide,
suicide attempts, and suicidal ideation among members
of the Navy assigned to sea duty; and
(B) the development of a response to such incidents.
(4) The capacity of teams providing mental health services
to covered members to respond to incidents of suicidal ideation
or suicide attempts among covered members in the respective
unit each such team serves.
(5) The means used by such teams to respond to such
incidents, including the extent to which post-incident programs
are available to covered members.
(6) Such other matters as the Inspector General considers
appropriate in connection with the prevention of deaths by
suicide, suicide attempts, and suicidal ideation among covered
members.
(c) REPORT REQUIRED.—Not later than 180 days after the date
of the enactment of this Act, the Inspector General of the Department of Defense shall submit to the Committees on Armed Services
of the Senate and House of Representatives a report that includes
a summary of the results of the review conducted under subsection
(a).
(d) COVERED MEMBER DEFINED.—In this section the term ‘‘covered member’’ means a member of the Navy assigned to sea duty
or shore duty.
SEC. 599B. REPORT ON OFFICER PERSONNEL MANAGEMENT AND THE
DEVELOPMENT OF THE PROFESSIONAL MILITARY ETHIC
OF THE SPACE FORCE.

(a) REPORT REQUIRED.—Not later than June 1, 2023, the Secretary of the Air Force shall submit to the Committees on Armed
Services of the Senate and House of Representatives a report on
officer personnel management and the development of the professional military ethic of the Space Force.

H. R. 7776—223
(b) ELEMENTS.—The report required under subsection (a) shall
include the following elements:
(1) A description of issues related to officer development
in the Space Force, including—
(A) the professional military education model for
professional education of, and continual learning for, officers of the Space Force;
(B) the career development model for officers of the
Space Force, including key knowledge, skills, and attributes
expected of Space Force officers at each of the company
grade, field grade, and general officer levels;
(C) desired career trajectories for Space Force officers,
including key assignments throughout identified Space
Force career tracks and how the flexibility of the Space
Force Component proposal will be used to achieve these
desired career paths;
(D) how proposed constructive credit for civilian education and non-military experience in related space
industry or government sectors will align with the proposed
PME and career development models; and
(E) how the Space Force Component proposal will
enable officers to achieve joint qualifications required for
promotion to general officer.
(2) A description of issues related to officer accessions of
the Space Force, including—
(A) the expected sources of commissioning for officers
of the Space Force, including the desired proportions of
officer assessments from the Reserve Officer Training
Corps, military service academies, Officer Training School,
and direct commissions at each grade above O-1;
(B) the role of proposed constructive credit for civilian
education and non-military experience in accessing officers
at each grade above O-1 and the extent to which the
Space Force plans to grant constructive credit in determining an officer’s entry grade at each grade above O1; and
(C) the role of targeted recruiting, as described in
the Guardian Ideal, for officer accessions, including how
it will work, how frequently it will be used, for what
positions, and how it will fit into overall officer accessions.
(3) A description of issues related to the professional military ethic of the Space Force, including—
(A) how the proposed talent management system,
career development model, PME model, and proposed Space
Force Component structure will affect the development of
a unique military culture of the Space Force as an Armed
Force with space as a warfighting domain;
(B) the role of the professional military ethic in the
Space Force, including expectations of commissioned officers as public servants and military leaders;
(C) the expected role of civilian employees of the Space
Force in the development and stewardship of the Space
Force as an Armed Force, and how such employees are
distinct from members of the Space Force;
(D) the ethical implications of creating a force that
is designed to ‘‘partner effectively with other spaceinterested entities,’’ as described in the Guardian Ideal,

H. R. 7776—224
and how the Space Force intends to address any ethical
conflicts arising from its desired close partnership with
non-military and non-governmental entities in private
industry; and
(E) the specific barriers between officers, enlisted members, and civilian employees that are described as ‘‘unnecessary’’ in the Guardian Ideal, how and why such barriers
are unnecessary for the Space Force, and any statutory
or policy changes the Space Force proposes to remove such
barriers, including any proposed changes to the Uniform
Code of Military Justice.
(4) Any other issues related to personnel management and
professional development of officers of the Space Force that
the Secretary of the Air Force determines appropriate.
(c) DEFINITIONS.—In this section:
(1) The term ‘‘Guardian Ideal’’ means the document with
that title, dated September 17, 2021, and issued by the Chief
of Space Operations.
(2) The term ‘‘PME’’ means professional military education.

TITLE VI—COMPENSATION AND OTHER
PERSONNEL BENEFITS
Subtitle A—Bonus and Incentive Pays
Sec. 601. One-year extension of certain expiring bonus and special pay authorities.
Sec. 602. Increase to maximum amounts of certain bonus and special pay authorities.
Sec. 603. Cold weather duty: authorization of assignment or special duty pay; travel allowance for members of the Armed Forces assigned to Alaska.
Sec. 604. Air Force rated officer retention demonstration program.
Subtitle B—Allowances Other Than Travel and Transportation Allowances
Sec. 611. Increases in maximum allowable income for purposes of eligibility for
basic needs allowance.
Sec. 612. Extension of authority to temporarily adjust basic allowance for housing
in certain areas.
Sec. 613. Temporary continuation of rate of basic allowance for housing for members of the Armed Forces whose sole dependent dies while residing with
the member.
Sec. 614. Basic allowance for housing for members without dependents when home
port change would financially disadvantage member.
Sec. 615. Revival and redesignation of provision establishing benefits for certain
members assigned to the Defense Intelligence Agency.
Sec. 616. Extension of one-time uniform allowance for officers who transfer to the
Space Force.
Sec. 617. OCONUS cost of living allowance: adjustments; notice to certain congressional committees.
Subtitle C—Travel and Transportation Allowances
Sec. 621. Allowable travel and transportation allowances: complex overhaul.
Sec. 622. Expansion of authority to reimburse a member of the uniformed services
for spousal business costs arising from a permanent change of station.
Sec. 623. Extension of authority to reimburse members for spouse relicensing costs
pursuant to a permanent change of station.
Sec. 624. Reimbursement of a member of the uniformed services for costs to relocate a pet that arise from a permanent change of station.
Sec. 625. Travel and transportation allowances for certain members of the Armed
Forces who attend a professional military education institution or training classes.
Sec. 626. Conforming amendments to update references to travel and transportation authorities.
Sec. 627. Pilot program to reimburse members of the Armed Forces for certain
child care costs incident to a permanent change of station or assignment.

H. R. 7776—225
Subtitle D—Leave
Sec. 631. Technical amendments to leave entitlement and accumulation.
Sec. 632. Modification of authority to allow members of the Armed Forces to accumulate leave in excess of 60 days.
Sec. 633. Convalescent leave for a member of the Armed Forces.
Subtitle E—Family and Survivor Benefits
Sec. 641. Claims relating to the return of personal effects of a deceased member of
the Armed Forces.
Sec. 642. Extension of parent fee discount to child care employees.
Sec. 643. Survivor Benefit Plan open season.
Sec. 644. Military installations with limited child care: briefing.
Sec. 645. Food insecurity among military families: data collection; training; report.
Subtitle F—Defense Resale Matters
Sec. 651. Prohibition of the sale of certain goods from the Xinjiang Uyghur Autonomous Region in commissaries and exchanges.
Subtitle G—Miscellaneous Studies, Briefings and Reports
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

661.
662.
663.
664.
665.
666.

Study on basic pay.
Report on accuracy of basic allowance for housing.
Review of dislocation and relocation allowances.
Complex overhaul pay: briefing.
Studies on compensation for DOD child care providers.
Barriers to home ownership for members of the Armed Forces: study; report.

Subtitle A—Bonus and Incentive Pays
SEC. 601. ONE-YEAR EXTENSION OF CERTAIN EXPIRING BONUS AND
SPECIAL PAY AUTHORITIES.

(a) AUTHORITIES RELATING TO RESERVE FORCES.—Section 910(g)
of title 37, United States Code, relating to income replacement
payments for reserve component members experiencing extended
and frequent mobilization for active duty service, is amended by
striking ‘‘December 31, 2022’’ and inserting ‘‘December 31, 2023’’.
(b) TITLE 10 AUTHORITIES RELATING TO HEALTH CARE PROFESSIONALS.—The following sections of title 10, United States Code,
are amended by striking ‘‘December 31, 2022’’ and inserting
‘‘December 31, 2023’’:
(1) Section 2130a(a)(1), relating to nurse officer candidate
accession program.
(2) Section 16302(d), relating to repayment of education
loans for certain health professionals who serve in the Selected
Reserve.
(c) AUTHORITIES RELATING TO NUCLEAR OFFICERS.—Section
333(i) of title 37, United States Code, is amended by striking
‘‘December 31, 2022’’ and inserting ‘‘December 31, 2023’’.
(d) AUTHORITIES RELATING TO TITLE 37 CONSOLIDATED SPECIAL
PAY, INCENTIVE PAY, AND BONUS AUTHORITIES.—The following sections of title 37, United States Code, are amended by striking
‘‘December 31, 2022’’ and inserting ‘‘December 31, 2023’’:
(1) Section 331(h), relating to general bonus authority for
enlisted members.
(2) Section 332(g), relating to general bonus authority for
officers.
(3) Section 334(i), relating to special aviation incentive
pay and bonus authorities for officers.
(4) Section 335(k), relating to special bonus and incentive
pay authorities for officers in health professions.

H. R. 7776—226
(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) AUTHORITY 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), by striking ‘‘December 31, 2022’’
and inserting ‘‘December 31, 2023’’; and
(2) in paragraph (8)(C), by striking ‘‘September 30, 2022’’
and inserting ‘‘December 31, 2023’’.
SEC. 602. INCREASE TO MAXIMUM AMOUNTS OF CERTAIN BONUS AND
SPECIAL PAY AUTHORITIES.

(a) GENERAL BONUS AUTHORITY FOR ENLISTED MEMBERS.—
Section 331(c)(1) of title 37, United States Code, is amended—
(1) in subparagraph (A), by striking ‘‘$50,000’’ and inserting
‘‘$75,000’’; and
(2) in subparagraph (B), by striking ‘‘$30,000’’ and inserting
‘‘$50,000’’.
(b) SPECIAL BONUS AND INCENTIVE PAY AUTHORITIES FOR
NUCLEAR OFFICERS.—Section 333(d)(1)(A) of title 37, United States
Code, is amended by striking ‘‘$50,000’’ and inserting ‘‘$75,000’’.
(c) SPECIAL AVIATION INCENTIVE PAY AND BONUS AUTHORITIES
FOR OFFICERS.—Section 334(c)(1) of title 37, United States Code,
is amended—
(1) in subparagraph (A), by striking ‘‘$1,000’’ and inserting
‘‘$1,500’’; and
(2) in subparagraph (B), by striking ‘‘$35,000’’ and inserting
‘‘$50,000’’.
(d) SKILL INCENTIVE PAY OR PROFICIENCY BONUS.—Section
353(c)(1)(A) of title 37, United States Code, is amended by striking
‘‘$1,000’’ and inserting ‘‘$1,750’’.
SEC. 603. COLD WEATHER DUTY: AUTHORIZATION OF ASSIGNMENT
OR SPECIAL DUTY PAY; TRAVEL ALLOWANCE FOR MEMBERS OF THE ARMED FORCES ASSIGNED TO ALASKA.

(a) PAY.—Section 352(a)(2) of title 37, United States Code,
is amended by inserting ‘‘(including a cold weather location)’’ after
‘‘location’’.
(b) TRAVEL ALLOWANCE.—
(1) ESTABLISHMENT.—During the period specified in paragraph (5), the Secretary of a military department shall
reimburse an eligible member of the armed forces for the cost
of airfare for that member to travel to the home of record
of the member.
(2) ELIGIBLE MEMBERS.—A member of the armed forces
is eligible for a reimbursement under paragraph (1) if—
(A) the member is assigned to a duty location in Alaska;
and

H. R. 7776—227
(B) an officer in a grade above O–5 in the chain of
command of the member authorizes the travel of the
member.
(3) TREATMENT OF TIME AS LEAVE.—The time during which
an eligible member is absent from duty for travel reimbursable
under paragraph (1) shall be treated as leave for purposes
of section 704 of title 10, United States Code.
(4) BRIEFING REQUIRED.—Not later than February 1, 2024,
the Secretary shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing
on—
(A) the use and effectiveness of reimbursements under
paragraph (1);
(B) the calculation and use of the cost of living allowance for a member assigned to a duty location in Alaska;
and
(C) the use of special pays and other allowances as
incentives for cold weather proficiency or duty location.
(5) PERIOD SPECIFIED.—The period specified in this paragraph is the period—
(A) beginning on the date of the enactment of this
Act; and
(B) ending on December 31, 2023.
SEC. 604. AIR FORCE RATED OFFICER RETENTION DEMONSTRATION
PROGRAM.

(a) PROGRAM REQUIREMENT.—The Secretary shall establish and
carry out within the Department of the Air Force a demonstration
program to assess and improve retention on active duty in the
Air Force of rated officers described in subsection (b).
(b) RATED OFFICERS DESCRIBED.—Rated officers described in
this subsection are rated officers serving on active duty in the
Air Force, excluding rated officers with a reserve appointment in
the Air National Guard or Air Force Reserve—
(1) whose continued service on active duty would be in
the best interest of the Department of the Air Force, as determined by the Secretary; and
(2) who have not more than three years and not less
than one year remaining on an active duty service obligation
under section 653 of title 10, United States Code.
(c) WRITTEN AGREEMENT.—
(1) IN GENERAL.—Under the demonstration program
required under subsection (a), the Secretary shall offer retention
incentives under subsection (d) to a rated officer described
in subsection (b) who executes a written agreement to remain
on active duty in a regular component of the Air Force for
not less than four years after the completion of the active
duty service obligation of the officer under section 653 of title
10, United States Code.
(2) EXCEPTION.—If the Secretary of the Air Force determines that an assignment previously guaranteed under subsection (d)(1) to a rated officer described in subsection (b) cannot
be fulfilled, the agreement of the officer under paragraph (1)
to remain on active duty shall expire not later than one year
after that determination.
(d) RETENTION INCENTIVES.—

H. R. 7776—228
(1) GUARANTEE OF FUTURE ASSIGNMENT LOCATION.—Under
the demonstration program required under subsection (a), the
Secretary may offer to a rated officer described in subsection
(b) a guarantee of future assignment locations based on the
preference of the officer.
(2) AVIATION BONUS.—Under the demonstration program
required under subsection (a), notwithstanding section 334(c)
of title 37, United States Code, the Secretary may pay to
a rated officer described in subsection (b) an aviation bonus
not to exceed an average annual amount of $50,000 (subject
to paragraph (3)(B)).
(3) COMBINATION OF INCENTIVES.—The Secretary may offer
to a rated officer described in subsection (b) a combination
of incentives under paragraphs (1) and (2).
(e) ANNUAL BRIEFING.—Not later than December 31, 2023, and
annually thereafter until the termination of the demonstration program required under subsection (a), the Secretary shall provide
to the Committees on Armed Services of the Senate and the House
of Representatives a briefing describing the use of such demonstration program and its effects on the retention on active duty in
the Air Force of rated officers described in subsection (b).
(f) DEFINITIONS.—In this section:
(1) RATED OFFICER.—The term ‘‘rated officer’’ means an
officer specified in section 9253 of title 10, United States Code.
(2) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of the Air Force.
(g) TERMINATION.—This section shall terminate on December
31, 2028.

Subtitle B—Allowances Other Than Travel
and Transportation Allowances
SEC. 611. INCREASES IN MAXIMUM ALLOWABLE INCOME FOR PURPOSES OF ELIGIBILITY FOR BASIC NEEDS ALLOWANCE.

(a) IN GENERAL.—Section 402b(b) of title 37, United States
Code, is amended—
(1) by striking ‘‘130 percent’’ both places it appears and
inserting ‘‘150 percent’’; and
(2) in paragraph (2)—
(A) by inserting ‘‘(A)’’ before ‘‘the gross’’;
(B) by striking ‘‘; and’’ and inserting ‘‘; or’’; and
(C) by inserting at the end the following:
‘‘(B) if the Secretary concerned determines it appropriate
(based on location, household need, or special circumstance),
the gross household income of the member during the most
recent calendar year did not exceed an amount equal to 200
percent of the Federal poverty guidelines of the Department
of Health and Human Services for the location of the member
and the number of individuals in the household of the member
for such year; and’’.
(b) IMPLEMENTATION.—Not later than January 1, 2024, the
Secretary concerned (as defined in section 101 of title 37, United
States Code) shall modify the calculation of the basic needs allowance under section 402b of title 37, United States Code, to implement the amendments made by subsection (a).

H. R. 7776—229
SEC. 612. EXTENSION OF AUTHORITY TO TEMPORARILY ADJUST BASIC
ALLOWANCE FOR HOUSING IN CERTAIN AREAS.

Section 403(b)(8)(C) of title 37, United States Code, is amended
by striking ‘‘2022’’ and inserting ‘‘2024’’.
SEC. 613. TEMPORARY CONTINUATION OF RATE OF BASIC ALLOWANCE
FOR HOUSING FOR MEMBERS OF THE ARMED FORCES
WHOSE SOLE DEPENDENT DIES WHILE RESIDING WITH
THE MEMBER.

(a) AUTHORITY.—Section 403 of title 37, United States Code,
as amended by section 612, is further amended—
(1) by redesignating subsections (m) through (p) as subsections (n) through (q); and
(2) by inserting after subsection (l) the following new subsection (m):
‘‘(m) TEMPORARY CONTINUATION OF RATE OF BASIC ALLOWANCE
FOR MEMBERS OF THE ARMED FORCES WHOSE SOLE DEPENDENT
DIES WHILE RESIDING WITH THE MEMBER.—(1) Notwithstanding
subsection (a)(2) or any other section of law, the Secretary of
Defense or the Secretary of the Department in which the Coast
Guard is operating, may, after the death of the sole dependent
of a member of the armed forces, continue to pay a basic allowance
for housing to such member at the rate paid to such member
on the date of such death if—
‘‘(A) such sole dependent dies—
‘‘(i) while the member is on active duty; and
‘‘(ii) while residing with the member, unless separated
by the necessity of military service or to receive institutional care as a result of disability or incapacitation or
under such other circumstances as the Secretary concerned
may by regulation prescribe; and
‘‘(B) the member is not occupying a housing facility under
the jurisdiction of the Secretary concerned on the date of the
death of the sole dependent.
‘‘(2) The continuation of the rate of an allowance under this
subsection shall terminate upon the earlier of the following to
occur:
‘‘(A) The day that is one year after the date of the death
of the sole dependent.
‘‘(B) The permanent change of station, or permanent change
of assignment with movement of personal property and household goods under section 453(c) of this title, of the member.’’.
(b) CONFORMING AMENDMENT.—Section 2881a(c) of title 10,
United States Code, is amended by striking ‘‘section 403(n)’’ and
inserting ‘‘section 403(o)’’.
SEC. 614. BASIC ALLOWANCE FOR HOUSING FOR MEMBERS WITHOUT
DEPENDENTS WHEN HOME PORT CHANGE WOULD FINANCIALLY DISADVANTAGE MEMBER.

Subsection (p) of section 403 of title 37, United States Code,
as redesignated by section 612, is further amended in subsection
(p)—
(1) in the subsection heading, by striking ‘‘LOW-COST AND
NO-COST’’ and inserting ‘‘CERTAIN’’;
(2) by inserting ‘‘(1)’’ before ‘‘In the case of a member
who is assigned’’; and
(3) by adding at the end the following new paragraph:

H. R. 7776—230
‘‘(2)(A) In the case of a member without dependents who is
assigned to a unit that undergoes a change of home port or a
change of permanent duty station, if the Secretary concerned determines that it would be inequitable to base the member’s entitlement
to, and amount of, a basic allowance for housing on the new home
port or permanent duty station, the Secretary concerned may—
‘‘(i) waive the requirement to base the member’s entitlement to, and amount of, a basic allowance for housing on
the new home port or permanent duty station member; and
‘‘(ii) treat that member for the purposes of this section
as if the unit to which the member is assigned did not undergo
such a change.
‘‘(B) The Secretary concerned may grant a waiver under
subparagraph (A) to not more than 100 members in a calendar
year.
‘‘(C) Not later than March 1 of each calendar year, the Secretary
concerned shall provide a briefing to the Committees on Armed
Services of the Senate and the House of Representatives on the
use of the authority provided by subparagraph (A) during the preceding calendar year that includes—
‘‘(i) the number of members granted a waiver under
subparagraph (A) during that year; and
‘‘(ii) for each such waiver, an identification of—
‘‘(I) the grade of the member;
‘‘(II) the home port or permanent duty station of the
unit to which the member is assigned before the change
described in subparagraph (A); and
‘‘(III) the new home port or permanent duty station
of that unit.
‘‘(D) This paragraph shall cease to be effective on December
31, 2027.’’.
SEC. 615. REVIVAL AND REDESIGNATION OF PROVISION ESTABLISHING BENEFITS FOR CERTAIN MEMBERS ASSIGNED TO
THE DEFENSE INTELLIGENCE AGENCY.

(a) REVIVIAL.—Section 491 of title 37, United States Code—
(1) is revived to read as it did immediately before its
repeal under section 604 of the National Defense Authorization
Act for Fiscal Year 2022 (Public Law 117–81); and
(2) is redesignated as section 431 of such title.
(b) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 7 of such title is amended by inserting, after
the item relating to section 427, the following new item:
‘‘431. Benefits for certain members assigned to the Defense Intelligence Agency.’’.
SEC. 616. EXTENSION OF ONE-TIME UNIFORM ALLOWANCE FOR OFFICERS WHO TRANSFER TO THE SPACE FORCE.

Subsection (d)(1) of section 606 of the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year
2021 (Public Law 116–283; 134 Stat. 3672; 37 U.S.C. 416 note)
is amended by striking ‘‘September 30, 2022’’ and inserting ‘‘September 30, 2023’’.
SEC. 617. OCONUS COST OF LIVING ALLOWANCE: ADJUSTMENTS;
NOTICE TO CERTAIN CONGRESSIONAL COMMITTEES.

(a) ADJUSTMENTS.—
(1) REDUCTIONS: LIMITATION.—The Secretary of Defense
and the Secretary of the Department in which the Coast Guard

H. R. 7776—231
is operating may reduce the cost-of-living allowance for a
member of the Armed Forces assigned to a duty station located
outside the United States—
(A) not more than once every six months; or
(B) in connection with a permanent change of station
for such member.
(2) INCREASES.—The Secretary of Defense and the Secretary
of the Department in which the Coast Guard is operating
may increase the allowance described in paragraph (1) for
a member of the Armed Forces at any time.
(b) NOTICE.—The Secretary of Defense shall notify the Committees on Armed Services of the Senate and House of Representatives
not less than 180 days before modifying a table used to calculate
the living allowance described in subsection (a).
(c) BRIEFING.—Not later than March 1, 2023, the Secretary
of Defense shall submit to the Committees on Armed Services
of the Senate and House of Representatives a briefing containing—
(1) the determination of the Secretary regarding the effects
of this section on the allowance described in subsection (a);
(2) an assessment of the representative market basket of
goods and services used to determine such allowance, including
the methodology to identify such market basket and the frequency with which such allowance is adjusted; and
(3) the methodology and process by which surveys
regarding such allowance are updated, including the average
response rates and the efforts undertaken to ensure a representative sample of beneficiaries are surveyed.

Subtitle C—Travel and Transportation
Allowances
SEC. 621. ALLOWABLE TRAVEL AND TRANSPORTATION ALLOWANCES:
COMPLEX OVERHAUL.

Section 452 of title 37, United States Code, is amended, in
subsection (b)—
(1) by redesignating the second paragraph (18) as paragraph (21); and
(2) by adding at the end the following new paragraphs:
‘‘(22) Permanent change of assignment to or from a naval
vessel undergoing nuclear refueling or defueling and any
concurrent complex overhaul, even if such assignment is within
the same area as the current assignment of the member.
‘‘(23) Current assignment to a naval vessel entering or
exiting nuclear refueling or defueling and any concurrent complex overhaul.’’.
SEC. 622. EXPANSION OF AUTHORITY TO REIMBURSE A MEMBER OF
THE UNIFORMED SERVICES FOR SPOUSAL BUSINESS
COSTS ARISING FROM A PERMANENT CHANGE OF STATION.

(a) IN GENERAL.—Section 453 of title 37, United States Code,
is amended, in subsection (g)—
(1) in the heading, by inserting ‘‘OR BUSINESS COSTS’’ after
‘‘RELICENSING COSTS’’;
(2) in paragraph (1), by inserting ‘‘or qualified business
costs’’ after ‘‘qualified relicensing costs’’;

H. R. 7776—232
(3) in paragraph (2)—
(A) by inserting ‘‘(A)’’ before ‘‘Reimbursement’’;
(B) by inserting ‘‘for qualified relicensing costs’’ after
‘‘subsection’’;
(C) by striking ‘‘$1000’’ and inserting ‘‘$1,000’’; and
(D) by adding at the end the following new subparagraph:
‘‘(B) Reimbursement provided to a member under this subsection for qualified business costs may not exceed $1,000 in connection with each reassignment described in paragraph (1).’’;
(4) in paragraph (3), by inserting ‘‘or qualified business
costs’’ after ‘‘qualified relicensing costs’’;
(5) in paragraph (4)—
(A) in the matter preceding subparagraph (A), by
inserting ‘‘business license, permit,’’ after ‘‘courses,’’;
(B) in subparagraph (A)—
(i) by inserting ‘‘, or owned a business,’’ before
‘‘during’’;
(ii) by inserting ‘‘professional’’ before ‘‘license’’; and
(iii) by inserting ‘‘, or business license or permit,’’
after ‘‘certification’’; and
(C) in subparagraph (B)—
(i) by inserting ‘‘professional’’ before ‘‘license’’; and
(ii) by inserting ‘‘, or business license or permit,’’
after ‘‘certification’’; and
(6) by adding at the end the following new paragraph:
‘‘(5) In this subsection, the term ‘qualified business costs’ means
costs, including moving services for equipment, equipment removal,
new equipment purchases, information technology expenses, and
inspection fees, incurred by the spouse of a member if—
‘‘(A) the spouse owned a business during the member’s
previous duty assignment and the costs result from a movement
described in paragraph (1)(B) in connection with the member’s
change in duty location pursuant to reassignment described
in paragraph (1)(A); and
‘‘(B) the costs were incurred or paid to move such business
to a new location in connection with such reassignment.’’.
(b) BRIEFING.—Not later than one year after the date of the
enactment of this Act, each Secretary of a military department
shall submit to the Committees on Armed Services of the Senate
and House of Representatives a briefing regarding implementation
of the amendments made by subsection (a), including—
(1) the number of times such Secretary used the authority
under such amendments; and
(2) the costs to the Federal Government arising from such
usage.
SEC. 623. EXTENSION OF AUTHORITY TO REIMBURSE MEMBERS FOR
SPOUSE RELICENSING COSTS PURSUANT TO A PERMANENT CHANGE OF STATION.

Section 453 of title 37, United States Code, as amended by
section 622, is further amended, in subsection (g)(3), by striking
‘‘December 31, 2024’’ and inserting ‘‘December 31, 2029’’.

H. R. 7776—233
SEC. 624. REIMBURSEMENT OF A MEMBER OF THE UNIFORMED SERVICES FOR COSTS TO RELOCATE A PET THAT ARISE FROM
A PERMANENT CHANGE OF STATION.

Section 453 of title 37, United States Code, as amended by
sections 622, and 623, is further amended by adding at the end
the following new subsection:
‘‘(h) REIMBURSEMENT FOR TRANSPORTATION OF PETS ARISING
FROM CERTAIN PERMANENT CHANGES OF STATIONS.—(1) The Secretary concerned may reimburse a member for any cost related
to the relocation of a pet that arises from a permanent change
of station of such member within the continental United States.
Such reimbursement may not exceed $550 for each such permanent
change of station.
‘‘(2) The Secretary concerned may reimburse a member for
any cost related to the relocation of a pet that arises from a
permanent change of station of such member to or from a duty
station located outside the continental United States. Such
reimbursement may not exceed $4,000 for each such permanent
change of station.’’.
SEC. 625. TRAVEL AND TRANSPORTATION ALLOWANCES FOR CERTAIN
MEMBERS OF THE ARMED FORCES WHO ATTEND A
PROFESSIONAL MILITARY EDUCATION INSTITUTION OR
TRAINING CLASSES.

Section 453 of title 37, United States Code, as amended by
sections 622, 623, and 624, is further amended by adding at the
end the following new subsection:
‘‘(i) ATTENDANCE AT PROFESSIONAL MILITARY EDUCATION
INSTITUTION OR TRAINING CLASSES.—
‘‘(1) The Secretary of the military department concerned
may authorize temporary duty status, and travel and transportation allowances payable to a member in such status, for
a member under the jurisdiction of such Secretary who is
reassigned—
‘‘(A) between duty stations located within the United
States;
‘‘(B) for a period of not more than one year;
‘‘(C) for the purpose of participating in professional
military education or training classes,
‘‘(D) with orders to return to the duty station where
the member maintains primary residence and the dependents of such member reside.
‘‘(2) If the Secretary of the military department concerned
assigns permanent duty status to a member described in paragraph (1), such member shall be eligible for travel and transportation allowances including the following:
‘‘(A) Transportation, including mileage at the same
rate paid for a permanent change of station.
‘‘(B) Per diem while traveling between the permanent
duty station and professional military education institution
or training site.
‘‘(C) Per diem paid in the same manner and amount
as temporary lodging expenses.
‘‘(D) Per diem equal to the amount of the basic allowance for housing under section 403 of this title paid to
a member—
‘‘(i) in the grade of such member;

H. R. 7776—234
‘‘(ii) without dependents;
‘‘(iii) who resides in the military housing area in
which the professional military education institution
or training site is located.
‘‘(E) Movement of household goods in an amount determined under applicable regulations.’’.
SEC. 626. CONFORMING AMENDMENTS TO UPDATE REFERENCES TO
TRAVEL AND TRANSPORTATION AUTHORITIES.

(a) BALANCED BUDGET AND EMERGENCY DEFICIT CONTROL ACT
1985.—Section 256(g)(2)(B)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 906(g)(2)(B)(ii)) is
amended by striking ‘‘sections 403a and 475’’ and inserting ‘‘sections
403b and 405’’.
(b) TITLE 5.—Title 5, United States Code, is amended—
(1) in section 4109(a)(2)—
(A) in subparagraph (A), by striking ‘‘sections 474 and
475’’ and inserting ‘‘sections 405 and 452’’; and
(B) in subparagraph (B), by striking ‘‘sections 476 and
479’’ and inserting ‘‘sections 452 and 453(c)’’;
(2) in section 5725(c)(2)(B), by striking ‘‘section
476(b)(1)(H)(iii)’’ and inserting ‘‘subsections (c) and (d) of section
453’’; and
(3) in section 5760—
(A) in subsection (c), by striking ‘‘section 481h(b)’’ and
inserting ‘‘section 451(a)’’; and
(B) in subsection (d)—
(i) in paragraph (2), by striking ‘‘section 474(d)’’
and inserting ‘‘section 464’’; and
(ii) in paragraph (3), by striking ‘‘section
481h(d)(1)’’ and inserting ‘‘section 452(d)’’.
(c) TITLE 10.—Title 10, United States Code, is amended—
(1) in section 710—
(A) in subsection (f)(4)(A), in the matter preceding
clause (i), by striking ‘‘section 474’’ and inserting ‘‘section
452’’; and
(B) in subsection (h)(4), by striking ‘‘section 481f’’ and
inserting ‘‘section 453(f)’’;
(2) in section 1174a(b)(2)(B), by striking ‘‘sections 474 and
476’’ and inserting ‘‘sections 452 and 453(c)’’;
(3) in section 1175(j), by striking ‘‘sections 474 and 476’’
and inserting ‘‘sections 452 and 453(c)’’;
(4) in section 1175a(e)(2)(B), by striking ‘‘sections 474 and
476’’ and inserting ‘‘sections 452 and 453(c)’’;
(5) in section 1491(d)(3), by striking ‘‘section 495(a)(2)’’
and inserting ‘‘section 435(a)(2)’’;
(6) in section 2013(b)(2)—
(A) in subparagraph (A), by striking ‘‘sections 474 and
475’’ and inserting ‘‘sections 405 and 452’’; and
(B) in subparagraph (B), by striking ‘‘sections 476 and
479’’ and inserting ‘‘sections 452 and 453(c)’’;
(7) in section 2493(a)(4)(B)(ii), by striking ‘‘section 481f(d)’’
and inserting ‘‘section 453(f)’’;
(8) in section 2613(g), by striking ‘‘section 481h(b)’’ and
inserting ‘‘section 451(a)’’; and
(9) in section 12503—
OF

H. R. 7776—235
(A) in subsection (a), in the second sentence, by striking
‘‘sections 206 and 495’’ and inserting ‘‘sections 206 and
435’’;
(B) in subsection (b)(2)(A), by striking ‘‘section 495’’
and inserting ‘‘section 435’’; and
(C) in subsection (c), by striking ‘‘chapter 7’’ and
inserting ‘‘section 452’’.
(d) TITLE 14.—Section 2764 of title 14, United States Code,
is amended, in the first and third sentences, by striking ‘‘subsection
(b) of section 476’’ and inserting ‘‘section 453(c)’’.
(e) TITLE 32.—Section 115 of title 32, United States Code,
is amended—
(1) in subsection (a), in the third sentence, by striking
‘‘sections 206 and 495’’ and inserting ‘‘sections 206 and 435’’;
(2) in subsection (b)(2)(A), by striking ‘‘section 495’’ and
inserting ‘‘section 435’’; and
(3) in subsection (c), by striking ‘‘chapter 7’’ and inserting
‘‘section 452’’.
(f) NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
COMMISSIONED OFFICER CORPS ACT OF 2002.—Section 236(f)(4)(A)
of the National Oceanic and Atmospheric Administration Commissioned Officer Corps Act of 2002 (33 U.S.C. 3036(f)(4)(A)) is
amended, in the matter preceding clause (i), by striking ‘‘section
474’’ and inserting ‘‘section 452’’.
(g) TITLE 36.—Section 2101(b)(2) of title 36, United States
Code, is amended by striking ‘‘section 475’’ and inserting ‘‘section
405’’.
(h) TITLE 37.—Title 37, United States Code, is amended—
(1) in section 403—
(A) in subsection (d)(2)(A), by striking ‘‘section 476’’
and inserting ‘‘section 452’’; and
(B) in subsection (g)—
(i) in paragraph (2), in the second sentence, by
striking ‘‘section 474’’ and inserting ‘‘section 452’’; and
(ii) in paragraph (3), by striking ‘‘section 476’’ and
inserting ‘‘section 453(c)’’;
(2) in section 420(b), by striking ‘‘sections 474–481’’ and
inserting ‘‘section 452’’;
(3) in section 422(a), by striking ‘‘section 480’’ and inserting
‘‘section 452’’;
(4) in section 427—
(A) in subsection (a)(1)(A), by striking ‘‘section 476’’
and inserting ‘‘section 452’’; and
(B) in subsection (c)(1), by striking ‘‘section 476’’ and
inserting ‘‘section 452’’;
(5) in section 433(b), by striking ‘‘section 474(d)(2)(A)’’ and
inserting ‘‘section 452’’;
(6) in section 451(a)(2)(H)—
(A) in clause (i), by striking ‘‘section 481f’’ and inserting
‘‘section 453(f)’’;
(B) in clause (ii), by striking ‘‘section 481h’’ and
inserting ‘‘section 452(b)(12)’’;
(C) in clause (iii), by striking ‘‘section 481j’’ and
inserting ‘‘section 452(b)(13)’’;
(D) in clause (iv), by striking ‘‘section 481k’’ and
inserting ‘‘section 452(b)(14)’’; and

H. R. 7776—236
(E) in clause (v), by striking ‘‘section 481l’’ and
inserting ‘‘section 452(b)(15)’’;
(7) in section 1002(b)(1), by striking ‘‘section 474(a)–(d),
and (f),’’ and inserting ‘‘section 452’’;
(8) in section 1003, by striking ‘‘sections 402–403b, 474–
477, 479–481, and 414’’ and inserting ‘‘sections 402 through
403b, 405, 414, 452, and 453’’; and
(9) in section 1006(g)—
(A) by striking ‘‘section 477’’ and inserting ‘‘section
452(c)(2)’’; and
(B) by striking ‘‘section 475a(a)’’ and inserting ‘‘section
452(b)(11)’’.
(i) CHILD NUTRITION ACT OF 1966.—Section 17(d)(2)(B)(ii) of
the Child Nutrition Act of 1966 (42 U.S.C. 1786(d)(2)(B)(ii)) is
amended by striking ‘‘section 475’’ and inserting ‘‘section 405’’.
SEC. 627. PILOT PROGRAM TO REIMBURSE MEMBERS OF THE ARMED
FORCES FOR CERTAIN CHILD CARE COSTS INCIDENT TO
A PERMANENT CHANGE OF STATION OR ASSIGNMENT.

(a) ESTABLISHMENT.—The Secretary of Defense shall carry out
a pilot program to reimburse members of the Armed Forces for
certain child care costs incident to a permanent change of station
or assignment.
(b) TRAVEL AND TRANSPORTATION ALLOWANCES.—Under the
pilot program, the Secretary of Defense shall treat a designated
child care provider as an authorized traveler if child care is not
available to a member of the Armed Forces at a military child
development center at the permanent duty location of such member
not later than 30 days after the member arrives at such location.
(c) REIMBURSEMENT OF CERTAIN CHILD CARE COSTS.—
(1) AUTHORITY.—Under the pilot program, the Secretary
of Defense may reimburse a member of the Armed Forces
for travel expenses for a designated child care provider when—
(A) the member is reassigned, either as a permanent
change of station or permanent change of assignment, to
a new duty station;
(B) the movement of the member’s dependents is
authorized at the expense of the United States under section 451 of title 37, United States Code, as part of the
reassignment;
(C) child care is not available at a military child
development center at such duty station not later than
30 days after the member arrives at such duty station;
and
(D) the dependent child is on the wait list for child
care at such military child development center.
(2) MAXIMUM AMOUNTS.—Reimbursement provided to a
member under this subsection may not exceed—
(A) $500 for a reassignment between duty stations
within the continental United States; and
(B) $1,500 for a reassignment involving a duty station
outside of the continental United States.
(3) DEADLINE.—A member may not apply for reimbursement under this subsection later than one year after a reassignment described in paragraph (1).
(4) CONCURRENT RECEIPT PROHIBITED.—In the event a
household contains more than one member eligible for

H. R. 7776—237
reimbursement under this subsection, reimbursement may be
paid to one member among such members as such members
shall jointly elect.
(d) REPORT.—Not later than January 1, 2027, the Secretary
shall submit to the Committees on Armed Services of the Senate
and House of Representatives a report on the pilot program,
including the recommendation of the Secretary whether to make
the pilot program permanent.
(e) TERMINATION.—The pilot program shall terminate on September 30, 2028.
(f) DEFINITIONS.—In this section:
(1) The term ‘‘authorized traveler’’ has the meaning given
such term in section 451 of title 37, United States Code.
(2) The term ‘‘designated child care provider’’ means an
adult selected by a member of the armed forces to provide
child care to a dependent child of such member.
(3) The term ‘‘military child development center’’ has the
meaning given such term in section 1800 of title 10, United
States Code.

Subtitle D—Leave
SEC. 631. TECHNICAL AMENDMENTS TO LEAVE ENTITLEMENT AND
ACCUMULATION.

(a) REPEAL OF OBSOLETE AUTHORITY.—Section 701 of title 10,
United States Code, is amended—
(1) by striking subsection (d); and
(2) by redesignating subsections (e) through (m) as subsections (d) through (l).
(b) CONFORMING AMENDMENTS TO SECTION 701 OF TITLE 10.—
Section 701 of title 10, United States Code, is amended—
(1) in subsection (b), by striking ‘‘subsections (d), (f), and
(g)’’ and inserting ‘‘subsections (e) and (f)’’;
(2) in subsection (f), as redesignated by subsection (a)(2),
in the first sentence, by striking ‘‘subsections (b), (d), and
(f)’’ and inserting ‘‘subsections (b) and (e)’’; and
(3) in subsection (i), as so redesignated, in the first sentence, by striking ‘‘subsections (b), (d), and (f)’’ and inserting
‘‘subsections (b) and (e)’’.
(c) CONFORMING AMENDMENTS TO OTHER PROVISIONS OF LAW.—
(1) TITLE 14.—Section 2508(a) of title 14, United States
Code, is amended by striking ‘‘section 701(f)(2)’’ and inserting
‘‘section 701(e)’’.
(2) TITLE 37.—Title 37, United States Code, is amended—
(A) in section 501—
(i) in subsection (b)(6), by striking ‘‘120 days of
leave under section 701(f)(1)’’ and inserting ‘‘90 days
of leave under section 701(e)’’; and
(ii) in subsection (h), by striking ‘‘section 701(g)’’
and inserting ‘‘section 701(f)’’; and
(B) in section 502(b), by striking ‘‘section 701(h)’’ and
inserting ‘‘section 701(g)’’.
(d) EFFECTIVE DATE.—The amendments made by this section
take effect on January 1, 2023.

H. R. 7776—238
SEC. 632. MODIFICATION OF AUTHORITY TO ALLOW MEMBERS OF THE
ARMED FORCES TO ACCUMULATE LEAVE IN EXCESS OF
60 DAYS.

(a) IN GENERAL.—Section 701 of title 10, United States Code,
as amended by section 631, is further amended by striking subsection (e) and inserting the following:
‘‘(e)(1) The Secretary concerned, under uniform regulations to
be prescribed by the Secretary of Defense, may authorize a member
described in paragraph (2) to retain not more than 30 days of
excess leave.
‘‘(2) A member described in this paragraph is a member who—
‘‘(A)(i) serves on active duty for a continuous period of
at least 120 days for which the member is entitled to special
pay under section 310(a) of title 37; or
‘‘(ii) is assigned to a deployable ship or mobile unit or
to other duty designated for the purposes of this section;
‘‘(B) except for this subsection, would lose any excess leave
at the end of the fiscal year; and
‘‘(C) receives, from the first officer in a grade above O6 in the chain of command of such member, written authorization to retain such excess leave.
‘‘(3) Excess leave retained by a member under this subsection
shall be forfeited unless used before the end of the second fiscal
year after the end of the fiscal year in which the service or assignment described in paragraph (2)(A) terminated.
‘‘(4) In this subsection, the term ‘excess leave’ means leave
accrued by a member in excess of the number of days of leave
authorized to be accumulated under subsection (b).’’.
(b) TRANSITION RULE.—Leave in excess of 90 days, accumulated
by a member of the Armed Forces under section 701 of such title
before the effective date under subsection (c), is forfeited unless—
(1) used by the member on or before September 30, 2026;
or
(2) the retention of such leave is otherwise authorized
by law.
(c) EFFECTIVE DATE.—The amendment made by subsection (a)
takes effect on January 1, 2023.
SEC. 633. CONVALESCENT LEAVE FOR A MEMBER OF THE ARMED
FORCES.

(a) IN GENERAL.—Section 701 of title 10, United States Code,
as amended by sections 631 and 632, is further amended by adding
at the end the following new subsection:
‘‘(m)(1) Except as provided by subsection (h)(3), and under
regulations prescribed by the Secretary of Defense, a member of
the armed forces diagnosed with a medical condition is allowed
convalescent leave if—
‘‘(A) the medical or behavioral health provider of the
member—
‘‘(i) determines that the member is not yet fit for duty
as a result of that condition; and
‘‘(ii) recommends such leave for the member to provide
for the convalescence of the member from that condition;
and
‘‘(B) the commanding officer of the member or the commander of the military medical treatment facility authorizes
such leave for the member.

H. R. 7776—239
‘‘(2) A member may take not more than 30 days of convalescent
leave under paragraph (1) with respect to a condition described
in that paragraph unless—
‘‘(A) such leave in excess of 30 days is authorized by—
‘‘(i) the Secretary concerned; or
‘‘(ii) an individual at the level designated by the Secretary concerned, but not below the grade of O–5 or the
civilian equivalent; or
‘‘(B) the member is authorized to receive convalescent leave
under subsection (h)(3) in conjunction with the birth of a child.
‘‘(3)(A) Convalescent leave may be authorized under paragraph
(1) only for a medical condition of a member and may not be
authorized for a member in connection with a condition of a
dependent or other family member of the member.
‘‘(B) In authorizing convalescent leave for a member under
paragraph (1) with respect to a condition described in that paragraph, the commanding officer of the member or the commander
of the military medical treatment facility, as the case may be,
shall—
‘‘(i) limit the duration of such leave to the minimum necessary in relation to the diagnosis, prognosis, and probable
final disposition of the condition of the member; and
‘‘(ii) authorize leave tailored to the specific medical needs
of the member rather than (except for convalescent leave provided for under subsection (h)(3)) authorizing leave based on
a predetermined formula.
‘‘(4) A member taking convalescent leave under paragraph (1)
shall not have the member’s leave account reduced as a result
of taking such leave.
‘‘(5) In this subsection, the term ‘military medical treatment
facility’ means a facility described in subsection (b), (c), or (d)
of section 1073d of this title.’’.
(b) TREATMENT OF CONVALESCENT LEAVE FOR BIRTH OF
CHILD.—Paragraph (4) of subsection (h) of such section, as redesignated by section 632, is amended—
(1) by redesignating subparagraphs (A) and (B) as clauses
(i) and (ii), respectively;
(2) by inserting ‘‘(A)’’ after ‘‘(4)’’; and
(3) by adding at the end the following new subparagraph:
‘‘(B) Convalescent leave may be authorized under subparagraph
(A) only for a medical condition of a member and may not be
authorized for a member in connection with a condition of a
dependent or other family member of the member.’’.
(c) EFFECTIVE DATE.—The amendments made by this section
shall take effect on January 1, 2023.

Subtitle E—Family and Survivor Benefits
SEC. 641. CLAIMS RELATING TO THE RETURN OF PERSONAL EFFECTS
OF A DECEASED MEMBER OF THE ARMED FORCES.

Section 1482(a) of title 10, United States Code, is amended
by adding at the end the following new paragraph:
‘‘(11)(A) Delivery of personal effects of a decedent to the
next of kin or other appropriate person.
‘‘(B) If the Secretary concerned enters into an agreement
with an entity to carry out subparagraph (A), the Secretary

H. R. 7776—240
concerned may, at the request of the person described in such
subparagraph, pursue a claim against such entity that arises
from the failure of such entity to substantially perform such
subparagraph.
‘‘(C) If an entity described in subparagraph (B) fails to
substantially perform subparagraph (A) by damaging, losing,
or destroying the personal effects of a decedent, the Secretary
concerned shall reimburse the person designated under subsection (c) the greater of $1,000 or the fair market value of
such damage, loss, or destruction. The Secretary concerned
may request, from the person designated under subsection (c),
proof of fair market value and ownership of the personal
effects.’’.
SEC. 642. EXTENSION OF PARENT FEE DISCOUNT TO CHILD CARE
EMPLOYEES.

Section 1793 of title 10, United States Code, is amended by
adding at the end the following new subsection:
‘‘(d) CHILD CARE EMPLOYEE DISCOUNT.—The Secretary of
Defense may, to support recruitment and retention initiatives,
charge a child care employee, whose child attends a military child
development center, a reduced fee for such attendance.’’.
SEC. 643. SURVIVOR BENEFIT PLAN OPEN SEASON.

(a) ELECTIONS BY PERSONS NOT CURRENTLY PARTICIPATING IN
SURVIVOR BENEFIT PLAN.—
(1) ELECTION OF SBP COVERAGE.—An eligible retired or
former member may elect to participate in the Survivor Benefit
Plan during the open season described in subsection (e).
(2) ELIGIBLE RETIRED OR FORMER MEMBERS.—For purposes
of paragraph (1), an eligible retired or former member is a
member or former member of the uniformed services who,
on or before the day before the first day of the open season
described in subsection (e)—
(A) is entitled to retired pay; or
(B) would be entitled to retired pay under chapter
1223 of title 10, United States Code (or chapter 67 of
such title as in effect before October 5, 1994), but for
the fact that such member or former member is under
60 years of age.
(3) STATUS UNDER SBP OF PERSONS MAKING ELECTIONS.—
(A) STANDARD ANNUITY.—A person making an election
under paragraph (1) by reason of eligibility under paragraph (2)(A) shall be treated for all purposes as providing
a standard annuity under the Survivor Benefit Plan.
(B) RESERVE-COMPONENT ANNUITY.—A person making
an election under paragraph (1) by reason of eligibility
under paragraph (2)(B) shall be treated for all purposes
as providing a reserve-component annuity under the Survivor Benefit Plan.
(4) PREMIUMS FOR OPEN SEASON.—
(A) PREMIUMS TO BE CHARGED.—The Secretary of
Defense shall prescribe in regulations premiums that a
person who makes an election under paragraph (1) shall
be required to pay for participating in the Survivor Benefit
Plan pursuant to the election.
(B) AMOUNT OF PREMIUMS.—The total amount of the
premiums to be paid by a person under the regulations

H. R. 7776—241
prescribed under subparagraph (A) shall be equal to the
sum of—
(i) the total amount by which the retired pay of
the person would have been reduced before the effective
date of the election under subsection (d) if the person
had elected to participate in the Survivor Benefit Plan
(for the same base amount specified in the election)
at the first opportunity that was afforded the person
to participate under chapter 73 of title 10, United
States Code;
(ii) interest on the amount by which the retired
pay of the person would have been so reduced, computed from the date on which the retired pay would
have been so reduced at such rate or rates and
according to such methodology as the Secretary determines reasonable; and
(iii) any additional amount that the Secretary
determines necessary to protect the actuarial soundness of the Department of Defense Military Retirement
Fund against any increased risk for the fund that
is associated with the election.
(C) PREMIUMS TO BE CREDITED TO RETIREMENT FUND.—
Premiums paid under the regulations prescribed under
subparagraph (A) shall be credited to the Department of
Defense Military Retirement Fund.
(b) ELECTIONS BY PERSONS CURRENTLY PARTICIPATING IN SURVIVOR BENEFIT PLAN.—
(1) ELECTION OF TO DISCONTINUE SBP PARTICIPATION.—A
person participating in the Survivor Benefit Plan on the day
before the first day of the open season described in subsection
(e) may elect to discontinue such participation during the open
season.
(2) CONSENT OF BENEFICIARIES.—
(A) IN GENERAL.—Except as provided in subparagraph
(B), a person described in paragraph (1) may not make
an election under that paragraph without the concurrence
of—
(i) each designated beneficiary of such person
under the Survivor Benefit Plan; and
(ii) the spouse of such person, if such person is
married.
(B) EXCEPTION WHEN BENEFICIARY UNAVAILABLE.—A
person may make an election under paragraph (1) without
a concurrence required under subparagraph (2) if the person establishes to the satisfaction of the Secretary concerned—
(i) that the whereabouts of the spouse or beneficiary, as the case may be, cannot be determined;
or
(ii) that, due to exceptional circumstances,
requiring the person to seek the consent of the spouse
or beneficiary, as the case may be, would otherwise
be inappropriate.
(3) TREATMENT OF PREMIUMS.—
(A) DISCONTINUATION OF REDUCTIONS IN PAY.—As of
the effective date under subsection (d) of an election by
a person under paragraph (1), the Secretary concerned

H. R. 7776—242
shall discontinue the reduction being made in the retired
pay of the person arising from participation in the Survivor
Benefit Plan or, in the case of a person who has been
required to make deposits in the Treasury on account of
participation in the Survivor Benefit Plan, that person
may discontinue making such deposits effective on such
effective date.
(B) TREATMENT OF PREVIOUS REDUCTIONS.—A person
who makes an election under paragraph (1) is not entitled
to a refund of any reduction or deposit described in
subparagraph (A) made before such effective date.
(c) MANNER OF MAKING ELECTIONS.—
(1) IN GENERAL.—An election under subsection (a) or (b)
shall be made in writing, signed by the person making the
election, and received by the Secretary concerned before the
end of the open season described in subsection (e).
(2) CONDITIONS.—Except as provided in paragraph (3), an
election under subsection (a) shall be made subject to the
same conditions, and with the same opportunities for designation of beneficiaries and specification of base amount, that
apply under the Survivor Benefit Plan.
(3) ELECTION MUST BE VOLUNTARY.—An election under subsection (a) or (b) is not effective unless the person making
the election declares the election to be voluntary. An election
under subsection (a) or (b) to participate or not to participate
in the Survivor Benefit Plan may not be required by any
court. An election by a person under subsection (a) to participate in the Survivor Benefit Plan is not subject to the concurrence of a spouse or former spouse of the person.
(4) DESIGNATION WITH RESPECT TO RESERVE-COMPONENT
ANNUITY.—A person making an election under subsection (a)
to provide a reserve-component annuity shall make a designation described in section 1448(e) of title 10, United States
Code.
(d) EFFECTIVE DATE FOR ELECTIONS.—An election under subsection (a) or (b) shall be effective on the first day of the first
calendar month following the month in which the election is received
by the Secretary concerned.
(e) OPEN SEASON DESCRIBED.—The open season described in
this subsection is the period beginning on the date of the enactment
of this Act and ending on January 1, 2024.
(f) APPLICABILITY OF CERTAIN PROVISIONS OF LAW.—The provisions of sections 1449, 1453, and 1454 of title 10, United States
Code, are applicable to a person making an election, and to an
election, under subsection (a) or (b) in the same manner as if
the election were made under the Survivor Benefit Plan.
(g) DEFINITIONS.—In this section:
(1) The terms ‘‘base amount’’, ‘‘reserve-component annuity’’,
and ‘‘standard annuity’’ have the meanings given those terms
in section 1447 of title 10, United States Code.
(2) The term ‘‘Department of Defense Military Retirement
Fund’’ means the fund established under section 1461(a) of
title 10, United States Code.
(3) The term ‘‘retired pay’’ includes retainer pay.
(4) The terms ‘‘Secretary concerned’’ and ‘‘uniformed services’’ have the meanings given those terms in section 101 of
title 37, United States Code.

H. R. 7776—243
(5) The term ‘‘Survivor Benefit Plan’’ means the program
established under subchapter II of chapter 73 of title 10, United
States Code.
SEC. 644. MILITARY INSTALLATIONS WITH LIMITED CHILD CARE:
BRIEFING.

(a) BRIEFING.—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 briefing regarding child
care at military installations of the covered Armed Forces—
(1) that are not served by a military child development
center; or
(2) where the military child development center has few
available spots.
(b) ELEMENTS.—The briefing under subsection (a) shall include
the following elements:
(1) With regards to each military installation described
in such subsection:
(A) The current and maximum possible enrollment at
the military child development center (if one exists).
(B) Plans of the Secretary to expand an existing, or
construct a new, military child development center.
(C) The resulting capacity of each military child
development center described in subparagraph (B).
(D) The median cost of services at accredited child
care facilities located near such military installation compared to the amount of assistance provided by the Secretary
of the military department concerned to members for child
care services.
(2) Any policy recommendations of the Secretary of
Defense—
(A) to address the rising cost of child care near military
installations; and
(B) regarding the rates of child care fee assistance
provided to members of the covered Armed Forces.
(c) DEFINITIONS.—In this section:
(1) The term ‘‘covered Armed Force’’ means the following:
(A) The Army.
(B) The Navy.
(C) The Marine Corps.
(D) The Air Force.
(E) The Space Force.
(2) The term ‘‘military child development center’’ has the
meaning given such term in section 1800 of title 10, United
States Code.
SEC. 645. FOOD INSECURITY AMONG MILITARY FAMILIES: DATA
COLLECTION; TRAINING; REPORT.

(a) DATA COLLECTION.—Not later than one year after the date
of the enactment of this Act, the Under Secretary of Defense for
Personnel and Readiness, in coordination with the Under Secretary
for Food, Nutrition, and Consumer Services of the Department
of Agriculture, shall—
(1) develop a survey, in collaboration with the Department
of Agriculture, to determine how many members of the Armed
Forces serving on active duty, and dependents of such members,
are food insecure;
(2) issue the survey to such members and dependents;

H. R. 7776—244
(3) collect data related to the number of such members
and dependents who—
(A) are eligible for the basic needs allowance under
section 402b of title 37, United States Code;
(B) receive such basic needs allowance; and
(C) are surveyed on the use, by such members and
dependents, of Federal nutrition assistance programs,
including—
(i) the supplemental nutrition assistance program
under the Food and Nutrition Act of 2008 (7 U.S.C.
2011 et seq.);
(ii) the special supplemental nutrition program for
women, infants, and children under section 17 of the
Child Nutrition Act of 1966 (42 U.S.C. 1786); and
(iii) the school lunch program under the Richard
B. Russell National School Lunch Act (42 U.S.C. 1751
et seq.), and the school breakfast program under section 4 of the Child Nutrition Act of 1966 (42 U.S.C.
1773);
(4) develop and carry out a plan to train and designate
an individual who will assist members at military installations
on how and where to refer such members and their dependents
for participation in Federal nutrition assistance programs
described in paragraph (3)(C); and
(5) coordinate efforts of the Department of Defense to
address food insecurity and nutrition.
(b) REPORT.—Not later than one year after the date of the
enactment of this Act, and annually thereafter for the four subsequent years, the Under Secretary of Defense for Personnel & Readiness shall submit to the congressional defense committees, the
Committees on Agriculture and Education and Labor of the House
of Representatives, and the Committee on Agriculture, Nutrition,
and Forestry of the Senate, a report including the following:
(1) The number of members of the Armed Forces serving
on active duty and their dependents who are food insecure.
(2) The number of such members and their dependents
who use the Federal nutrition assistance programs described
in subsection (a)(3).
(3) The number of such members and their dependents
described in subsection (a)(3).
(4) The status of implementation of the plan under subsection (a)(5).

Subtitle F—Defense Resale Matters
SEC. 651. PROHIBITION OF THE SALE OF CERTAIN GOODS FROM THE
XINJIANG UYGHUR AUTONOMOUS REGION IN COMMISSARIES AND EXCHANGES.

(a) PROHIBITION.—Subchapter III of chapter 147 of title 10,
United States Code, is amended by adding at the end the following
new section:

H. R. 7776—245
‘‘§ 2496. Sale of certain goods from the Xinjiang Uyghur
Autonomous Region prohibited
‘‘(a) PROHIBITION.—The Secretary of Defense may not knowingly
permit the sale, at a commissary store or military exchange, of
any good, ware, article, or merchandise—
‘‘(1) containing any product mined, produced, or manufactured, wholly or in part, by forced labor from the XUAR; or
‘‘(2) from an entity that has used labor from within or
transferred from XUAR as part of a ‘poverty alleviation’ or
‘pairing assistance’ program.
‘‘(b) DEFINITIONS.—In this section:
‘‘(1) The term ‘forced labor’ means any work or service
that is exacted from any person under the menace of any
penalty for nonperformance and that the worker does not offer
to perform.
‘‘(2) The term ‘XUAR’ means the Xinjiang Uyghur Autonomous Region of the People’s Republic of China.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such subchapter is amended by adding at the end the
following new item:
‘‘2496. Sale of certain goods from the Xinjiang Uyghur Autonomous Region prohibited.’’.

Subtitle G—Miscellaneous Studies,
Briefings and Reports
SEC. 661. STUDY ON BASIC PAY.

(a) IN GENERAL.—The Secretary of Defense shall seek to enter
into an agreement with a nonprofit entity or a federally funded
research and development center to conduct research and analysis
on the value of basic pay for members of the Armed Forces. The
Secretary may include such research and analysis in the next
quadrennial review of military compensation.
(b) ELEMENTS.—The research and analysis conducted under
subsection (a) shall include the following:
(1) An assessment of the model used to determine the
basic pay in the current basic pay tables, including—
(A) an analysis of whether to update the current model
to meet the needs of the 2023 employment market;
(B) a historical understanding of when the current
model was established and how frequently it has been
during the last 10 years;
(C) an understanding of the assumptions on which
the model is based and how such assumptions are validated;
(D) an analysis of time-in-grade requirements and how
they may affect retention and promotion; and
(E) an assessment of how recruiting and retention
information is used to adjust the model.
(2) An assessment of whether to modify current basic pay
tables to consider higher rates of pay for specialties the Secretary determines are in critical need of personnel.
(3) An analysis of—

H. R. 7776—246
(A) how basic pay has compared with civilian pay
since the 70th percentile benchmark for basic pay was
established; and
(B) whether to change the 70th percentile benchmark.
(4) An assessment of whether—
(A) to adjust the annual increase in basic pay, currently
guided by changes in the Employment Cost Index as a
measure of the growth in private-sector employment costs;
or
(B) to use a different index, such as the Defense
Employment Cost Index.
(5) Legislative and policy recommendations regarding basic
pay table based on analyses and assessments under paragraphs
(1) through (4).
(c) BRIEFINGS AND PROGRESS REPORT.—
(1) INTERIM BRIEFING.—Not later than April 1, 2023, the
Secretary shall provide to the appropriate congressional
committees an interim briefing on the elements described in
subsection (b).
(2) PROGRESS REPORT.—Not later than one year after the
date of the enactment of this Act, the Secretary shall submit
to the appropriate congressional committees a progress report
on the study under this section.
(3) FINAL BRIEFING.—Not later than two years after the
date of the enactment of this Act, the Secretary shall submit
to the appropriate congressional committees a final briefing
on the study under this section.
(d) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In
this section, the term ‘‘appropriate congressional committees’’ means
the following:
(1) The Committee on Armed Services of the House of
Representatives.
(2) The Committee on Armed Services of the Senate.
SEC. 662. REPORT ON ACCURACY OF BASIC ALLOWANCE FOR HOUSING.

(a) REPORT; ELEMENTS.—Not later than one year after the
date of the enactment of this Act, the Secretary of Defense, in
consultation with the Secretary of the department in which the
Coast Guard is operating, shall submit to the Committees on Armed
Services of the Senate and House of Representatives a report on
BAH. Such report shall contain the following elements:
(1) The evaluation of the Secretary—
(A) of the efficiency and accuracy of the current system
used to calculate BAH;
(B) the appropriateness of using mean and median
housing costs in such calculation;
(C) of existing MHAs, in relation to choices in, and
availability of, housing to servicemembers;
(D) of the suitability of the six standard housing profiles in relation to the average family sizes of
servicemembers, disaggregated by uniformed service, rank,
and MHA;
(E) of the flexibility of BAH to respond to changes
in real estate markets; and
(F) of residential real estate processes to determine
rental rates.
(2) The recommendation of the Secretary—

H. R. 7776—247
(A) regarding the feasibility of including information,
furnished by Federal entities, regarding school districts,
in calculating BAH;
(B) whether to calculate BAH more frequently,
including in response to a sudden change in the housing
market;
(C) whether to enter into an agreement with a covered
entity, to compile data and develop an enterprise grade,
objective, data-driven algorithm to calculate BAH;
(D) whether to publish the methods used by the Secretary to calculate BAH on a publicly accessible website
of the Department of Defense; and
(E) whether BAH calculations appropriately account
for increased housing costs associated with Coast Guard
facilities.
(b) DEFINITIONS.—In this section:
(1) The term ‘‘BAH’’ means the basic allowance for housing
for members of the uniformed services under section 403 of
title 37, United States Code.
(2) The term ‘‘covered entity’’ means a nationally recognized
entity in the field of commercial real estate that has data
on local rental rates in real estate markets across the United
States.
(3) The term ‘‘MHA’’ means military housing area.
(4) The term ‘‘servicemember’’ has the meaning given such
term in section 101 of the Servicemembers Civil Relief Act
(50 U.S.C. 3911).
SEC. 663. REVIEW OF DISLOCATION AND RELOCATION ALLOWANCES.

(a) IN GENERAL.—Not later than one year after the date of
the enactment of this Act, the Secretary of Defense shall submit
to the congressional defense committees a report—
(1) reviewing the adequacy of the amounts of dislocation
and relocation allowances paid under section 452 of title 37,
United States Code, to members of the covered Armed Forces,
in connection with changes in such members’ temporary or
permanent duty assignment locations, taking into consideration
the rising costs of moving, challenges in the housing market,
and other expenses incurred by such members;
(2) assessing the effects of delays in the issuance of orders
relating to changes to temporary or permanent duty assignment
locations on the timing of dislocation and relocation allowances
paid to members of the covered Armed Forces;
(3) assessing the feasibility and advisability of paying dislocation or relocation allowances to members of the covered
Armed Forces who are permanently assigned from one unit
to another with no change of permanent duty station when
the units are within the same metropolitan area; and
(4) making recommendations with respect to the matters
described in paragraphs (1), (2), and (3).
(b) COVERED ARMED FORCES DEFINED.—In this section, the
term ‘‘covered Armed Forces’’ means the Army, Navy, Marine Corps,
Air Force, and Space Force.
SEC. 664. COMPLEX OVERHAUL PAY: BRIEFING.

(a) BRIEFING.—Not later than six months after the date of
the enactment of this Act, the Secretary of the Navy shall submit
to the Committees on Armed Services of the Senate and House

H. R. 7776—248
of Representatives a briefing regarding the feasibility and advisability of establishing complex overhaul pay.
(b) COMPLEX OVERHAUL PAY DEFINED.—In this section, the
term ‘‘complex overhaul pay’’ means a special monthly pay—
(1) established pursuant to regulations prescribed under
section 352 of title 37, United States Code;
(2) paid to a member of the Armed Forces assigned to
a naval vessel undergoing nuclear refueling or defueling, and
any concurrent complex overhaul;
(3) in addition to any other pay or allowance to which
a member is entitled; and
(4) in an amount equal to $200 per month.
SEC. 665. STUDIES ON COMPENSATION FOR DOD CHILD CARE PROVIDERS.

(a) IN GENERAL.—
(1) STUDIES REQUIRED.—The Secretary of Defense shall,
for each geographic area in which the Secretary of a military
department operates a military child development center, conduct a study—
(A) comparing the total compensation, including all
pay and benefits, of child care employees of each military
child development center in the geographic area to the
total compensation of similarly credentialed employees in
such geographic area; and
(B) estimating the difference in average pay and the
difference in average benefits between such child care
employees.
(2) SCHEDULE.—The Secretary of Defense shall complete
the studies required under paragraph (1)—
(A) for the geographic areas containing the military
installations with the 25 longest wait lists for child care
services at military child development centers, not later
than one year after the date of the enactment of this
Act; and
(B) for geographic areas other than geographic areas
described in subparagraph (A), not later than two years
after the date of the enactment of this Act.
(3) REPORTS.—
(A) INTERIM REPORT.—Not later than one year after
the date of the enactment of this Act, the Secretary of
Defense shall submit to the Committees on Armed Services
of the Senate and House of Representatives a report
summarizing the results of the studies required under paragraph (1) that have been completed as of the date of the
submission of such report.
(B) FINAL REPORT.—Not later than 120 days after the
completion of all the studies required under paragraph
(1), the Secretary shall submit to the Committees on Armed
Services of the Senate and House of Representatives a
report summarizing the results of such studies.
(b) DEFINITIONS.—In this section:
(1) The term ‘‘benefits’’ includes—
(A) retirement benefits;
(B) any insurance premiums paid by an employer;
(C) education benefits, including tuition reimbursement
and student loan repayment; and

H. R. 7776—249
(D) any other compensation an employer provides to
an employee for service performed as an employee (other
than pay), as determined appropriate by the Secretary
of Defense.
(2) The terms ‘‘child care employee’’ and ‘‘military child
development center’’ have the meanings given such terms in
section 1800 of title 10, United States Code.
(3) The term ‘‘pay’’ includes the basic rate of pay of an
employee and any additional payments an employer pays to
an employee for service performed as an employee.
SEC. 666. BARRIERS TO HOME OWNERSHIP FOR MEMBERS OF THE
ARMED FORCES: STUDY; REPORT.

(a) STUDY.—Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall seek to enter
into an agreement with a federally funded research and development center or non-profit entity to conduct a study on the unique
barriers to home ownership for members of the Armed Forces.
(b) REPORT.—At the conclusion of the study under subsection
(a), the Secretary shall submit to the Committees on Armed Services
of the Senate and House of Representatives a report containing
the results of such study.

TITLE VII—HEALTH CARE PROVISIONS
Subtitle A—TRICARE and Other Health Care Benefits
Sec. 701. Improvements to TRICARE dental program.
Sec. 702. Health benefits for members of the National Guard following required
training or other duty to respond to a national emergency.
Sec. 703. Improvement of referrals for specialty care under TRICARE Prime during
permanent changes of station.
Sec. 704. Confidentiality requirements for mental health care services for members
of the Armed Forces.
Sec. 705. Audit of behavioral health care network providers listed in TRICARE directory.
Sec. 706. Independent analysis of quality and patient safety review process under
direct care component of TRICARE program.
Sec. 707. Study on providing benefits under TRICARE Reserve Select and
TRICARE dental program to members of the Selected Reserve and dependents thereof.
Sec. 708. GAO study on certain contracts relating to TRICARE program and oversight of such contracts.
Sec. 709. GAO study on coverage of mental health services under TRICARE program and relationship to certain mental health parity laws.
Subtitle B—Health Care Administration
Sec. 711. Accountability for wounded warriors undergoing disability evaluation.
Sec. 712. Inclusion of level three trauma care capabilities in requirements for medical centers.
Sec. 713. Centers of excellence for specialty care in military health system.
Sec. 714. Maintenance of Core Casualty Receiving Facilities to improve medical
force readiness.
Sec. 715. Congressional notification requirement to modify scope of services provided at military medical treatment facilities.
Sec. 716. Improvements to processes to reduce financial harm caused to civilians
for care provided at military medical treatment facilities.
Sec. 717. Authority to carry out studies and demonstration projects relating to delivery of health and medical care through use of other transaction authority.
Sec. 718. Licensure requirement for certain health-care professionals providing
services as part of mission relating to emergency, humanitarian, or refugee assistance.
Sec. 719. Authorization of permanent program to improve opioid management in
the military health system.

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Sec. 720. Modification of requirement to transfer research and development and
public health functions to Defense Health Agency.
Sec. 721. Access to certain dependent medical records by remarried former spouses.
Sec. 722. Authority for Department of Defense program to promote early literacy
among certain young children.
Sec. 723. Plan for Accountable Care Organization demonstration.
Sec. 724. Feasibility study and plan on establishing a Military Health System Medical Logistics Directorate and Military Health System Education and
Training Directorate.
Subtitle C—Reports and Other Matters
Sec. 731. Briefing and report on reduction or realignment of military medical manning and medical billets.
Sec. 732. Independent analysis of Department of Defense Comprehensive Autism
Care Demonstration program.
Sec. 733. Clarification of membership requirements and compensation authority for
independent suicide prevention and response review committee.
Sec. 734. Termination of veterans’ advisory board on radiation dose reconstruction.
Sec. 735. Brain health initiative of Department of Defense.
Sec. 736. Establishment of partnership program between United States and
Ukraine for military trauma care and research.
Sec. 737. Improvements relating to behavioral health care available under military
health system.
Sec. 738. Certification program in provision of mental health services to members
of the Armed Forces and military families.
Sec. 739. Standardization of policies relating to service in Armed Forces by individuals diagnosed with HBV.
Sec. 740. Suicide cluster: standardized definition for use by Department of Defense;
congressional notification.
Sec. 741. Limitation on reduction of military medical manning end strength: certification requirement and other reforms.
Sec. 742. Feasibility study on establishment of Department of Defense internship
programs relating to civilian behavioral health providers.
Sec. 743. Updates to prior feasibility studies on establishment of new command on
defense health.
Sec. 744. Capability assessment and action plan with respect to effects of exposure
to open burn pits and other environmental hazards.
Sec. 745. Kyle Mullen Navy SEAL medical training review.
Sec. 746. Reports on composition of medical personnel of each military department
and related matters.
Sec. 747. Report on effects of low recruitment and retention on operational tempo
and physical and mental health of members of the Armed Forces.
Sec. 748. Guidance for addressing healthy relationships and intimate partner violence through TRICARE Program.
Sec. 749. Briefing on suicide prevention reforms for members of the Armed Forces.

Subtitle A—TRICARE and Other Health
Care Benefits
SEC. 701. IMPROVEMENTS TO TRICARE DENTAL PROGRAM.

(a) IN GENERAL.—Section 1076a of title 10, United States Code,
is amended—
(1) in subsection (b)—
(A) by striking ‘‘The plans’’ and inserting the following:
‘‘(1) IN GENERAL.—The plans’’; and
(B) by adding at the end the following new paragraph:
‘‘(2) PREMIUM SHARING PLANS.—Effective as of January 1,
2026, the regulations prescribed pursuant to paragraph (1)
shall include, with respect to premium sharing plans referred
to in subsection (d)(1), the following elements:
‘‘(A) A third party administrator shall manage the
administrative features of such plans, including eligibility,
enrollment, plan change and premium payment processes,
submission of qualifying life events changes, and address
changes.

H. R. 7776—251
‘‘(B) Such plans shall include the following three enrollment options:
‘‘(i) Self.
‘‘(ii) Self plus one.
‘‘(iii) Family.
‘‘(C) In the United States, to the extent practicable,
individuals eligible to enroll in such a plan shall be offered
options to enroll in plans of not fewer than two and not
more than four dental insurance carriers.
‘‘(D) To the extent practicable, each carrier described
in subparagraph (C)—
‘‘(i) shall manage dental care delivery matters,
including claims adjudication (with required electronic
submission of claims), coordination of benefits, covered
services, enrollment verification, and provider networks;
‘‘(ii) shall, in addition to offering a standard option
plan, offer a non-standard option plan;
‘‘(iii) may offer a non-standard option plan managed as a dental health maintenance organization plan;
‘‘(iv) shall establish and operate dental provider
networks that provide—
‘‘(I) accessible care with a prevention or
wellness focus;
‘‘(II) continuity of care;
‘‘(III) coordinated care (including appropriate
dental and medical referrals);
‘‘(IV) patient-centered care (including effective
communications, individualized care, and shared
decision-making); and
‘‘(V) high-quality, safe care;
‘‘(v) shall develop and implement adult and pediatric dental quality measures, including effective
measurements for—
‘‘(I) access to care;
‘‘(II) continuity of care;
‘‘(III) cost;
‘‘(IV) adverse patient events;
‘‘(V) oral health outcomes; and
‘‘(VI) patient experience; and
‘‘(vi) may conduct in the provider networks established and operated by the carrier under clause (iv),
to the extent practicable, pilot programs on the
development of a model of care based on the model
of care commonly referred to as patient-centered dental
homes.’’;
(2) in subsection (d)(1)—
(A) in subparagraph (B), by striking ‘‘The member’s’’
and inserting ‘‘During the period preceding January 1,
2026, the member’s’’;
(B) in subparagraph (C), by striking ‘‘of each year,’’
and inserting ‘‘of each year during the period preceding
January 1, 2026,’’;
(C) in subparagraph (D), by striking ‘‘The Secretary
of Defense’’ and inserting ‘‘During the period preceding
January 1, 2026, the Secretary of Defense’’; and

H. R. 7776—252
(D) by adding at the end the following new subparagraphs:
‘‘(E) Beginning on January 1, 2026, the amount of the
premium required under subparagraph (A)—
‘‘(i) for standard option plans, shall be established by
the Secretary annually such that in the aggregate (taking
into account the adjustments under subparagraph (F) and
subsection (e)(3), the Secretary’s share of each premium
is 60 percent of the premium for each enrollment category
(self, self plus one, and family, respectively) of each
standard option plan; and
‘‘(ii) for non-standard option plans, shall be equal to
the amount determined under clause (i) plus 100 percent
of the additional premium amount applicable to such nonstandard option plan.
‘‘(F) Beginning on January 1, 2026, the Secretary of Defense
shall reduce the monthly premium required to be paid under
paragraph (1) in the case of enlisted members in pay grade
E–1, E–2, E–3, or E–4.’’;
(3) in subsection (e), by adding at the end the following
new paragraph:
‘‘(3) Beginning on January 1, 2026, the Secretary of Defense
shall reduce copayments required to be paid under paragraph (1)
in the case of enlisted members in pay grade E–1, E–2, E–3,
or E–4.’’;
(4) in subsection (j), by striking ‘‘The Secretary of Defense
may not reduce benefits provided under a plan established
under this section until’’ and inserting ‘‘During the period preceding January 1, 2026, the Secretary of Defense may not
reduce benefits provided under a plan established under this
section, and on or after January 1, 2026, the Secretary may
not reduce benefits provided under a standard option plan
under this section, until’’; and
(5) by adding at the end the following new subsection:
‘‘(l) DEFINITIONS.—In this section:
‘‘(1) The term ‘non-standard option plan’ means a high
option dental insurance plan that includes covered services
in addition to, or provides greater coverage with respect to,
services covered under a standard option plan.
‘‘(2) The term ‘standard option plan’ means a dental insurance plan that provides for the coverage of preventive services,
basic restorative services, and specialty dental care services
at a level that is at least commensurate with the coverage
of the same services provided under the premium sharing plans
under this section during the period preceding January 1,
2026.’’.
(b) RULEMAKING.—Pursuant to the authority under section
1076a(b)(1) of title 10, United States Code, as amended by subsection (a), the Secretary of Defense shall—
(1) not later than January 1, 2025, prescribe an interim
final rule to carry out the amendments made by subsection
(a); and
(2) after prescribing the interim final rule under subparagraph (A) and considering public comments with respect to
such interim final rule, prescribe a final rule, effective on
January 1, 2026, to carry out such amendments.

H. R. 7776—253
(c) BRIEFINGS.—Not later than January 1 of each of 2024,
2025, and 2026, the Secretary of Defense shall provide to the
Committees on Armed Services of the House of Representatives
and the Senate a briefing on the status of the implementation
of the amendments made by subsection (a).
SEC. 702. HEALTH BENEFITS FOR MEMBERS OF THE NATIONAL GUARD
FOLLOWING REQUIRED TRAINING OR OTHER DUTY TO
RESPOND TO A NATIONAL EMERGENCY.

(a) TRANSITIONAL HEALTH CARE.—Subsection (a)(2) of section
1145 of title 10, United States Code, is amended by adding at
the end the following new subparagraph:
‘‘(G) A member of the National Guard who is separated
from full-time National Guard Duty to which called or ordered
under section 502(f) of title 32 for a period of active service
of more than 30 days to perform duties that are authorized
by the President or the Secretary of Defense for the purpose
of responding to a national emergency declared by Congress
or the President and supported by Federal funds.’’.
(b) CONFORMING AMENDMENTS.—Such section is further
amended—
(1) in subsection (a)—
(A) in paragraph (1), in the matter preceding subparagraph (A), by striking ‘‘active duty’’ and inserting ‘‘active
service’’;
(B) in paragraph (3), by striking ‘‘paragraph (2)(B)’’
and inserting ‘‘subparagraph (B) or (G) of paragraph (2)’’;
(C) in paragraph (4)—
(i) by striking ‘‘active duty’’ each place it appears
and inserting ‘‘active service’’; and
(ii) in the second sentence, by striking ‘‘or (D)’’
and inserting ‘‘(D), or (G)’’;
(D) in paragraph (5), in subparagraphs (A) and (B),
by striking ‘‘active duty’’ each place it appears and inserting
‘‘active service’’; and
(E) in paragraph (7)(A)—
(i) by striking ‘‘service on active duty’’ and
inserting ‘‘active service’’; and
(ii) by striking ‘‘active duty for’’ and inserting
‘‘active service for’’;
(2) in subsection (b)(1), by striking ‘‘active duty’’ and
inserting ‘‘active service’’; and
(3) in subsection (d)(1)(A), by striking ‘‘active duty’’ and
inserting ‘‘active service’’.
SEC. 703. IMPROVEMENT OF REFERRALS FOR SPECIALTY CARE UNDER
TRICARE PRIME DURING PERMANENT CHANGES OF STATION.

(a) IN GENERAL.—Section 714 of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law 115–
232; 10 U.S.C. 1095f note) is amended—
(1) by redesignating subsection (e) as subsection (f); and
(2) by inserting after subsection (d) the following new subsection (e):
‘‘(e) IMPROVEMENT OF SPECIALTY CARE REFERRALS DURING
PERMANENT CHANGES OF STATION.—In conducting evaluations and
improvements under subsection (d) to the referral process described
in subsection (a), the Secretary shall ensure beneficiaries enrolled

H. R. 7776—254
in TRICARE Prime who are undergoing a permanent change of
station receive referrals from their primary care manager to such
specialty care providers in the new location as the beneficiary
may need before undergoing the permanent change of station.’’.
(b) BRIEFING.—Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall provide to
the Committees on Armed Services of the Senate and the House
of Representatives a briefing on the contractual and technical barriers preventing record sharing between civilian provider networks
under the TRICARE program that lead to increased wait times
for care for members of the Armed Forces and the dependents
thereof undergoing permanent changes of station across provider
network regions.
SEC. 704. CONFIDENTIALITY REQUIREMENTS FOR MENTAL HEALTH
CARE SERVICES FOR MEMBERS OF THE ARMED FORCES.

(a) IN GENERAL.—In order to reinforce the policies of eliminating stigma in obtaining mental health care services and further
encouraging help-seeking behavior by members of the Armed
Forces, not later than July 1, 2023, the Secretary of Defense shall—
(1) update and reissue Department of Defense Instruction
6490.08, titled ‘‘Command Notification Requirements to Dispel
Stigma in Providing Mental Health Care to Service Members’’
and issued on August 17, 2011, taking into account—
(A) experience implementing the Instruction; and
(B) opportunities to more effectively dispel stigma in
obtaining mental health care services and encourage helpseeking behavior; and
(2) develop standards within the Department of Defense
that—
(A) ensure, except in a case in which there is an
exigent circumstance, the confidentiality of mental health
care services provided to members who voluntarily seek
such services;
(B) include a model for making determinations with
respect to exigent circumstances that clarifies the responsibilities regarding the determination of the effect on military function and the prevention of self-harm by the individual; and
(C) in a case in which there is an exigent circumstance,
prevent health care providers from disclosing more than
the minimum amount of information necessary to address
the exigent circumstance.
(b) ELEMENTS.—The standards required by subsection (a)(2)
shall include the following elements:
(1) Requirements for confidentiality regarding the request
and receipt by a member of the Armed Forces of mental health
care services under the self-initiated referral process under
section 1090a(e) of title 10, United States Code.
(2) Requirements for confidentiality regarding the results
of any drug testing incident to such mental health care services.
(3) Procedures that reflect best practices of the mental
health profession with respect to suicide prevention.
(4) A prohibition against retaliating against a member
of the Armed Forces who requests mental health care services.
(5) Such other elements as the Secretary determines will
most effectively support the policies of—

H. R. 7776—255
(A) eliminating stigma in obtaining mental health care
services; and
(B) encouraging help-seeking behavior by members of
the Armed Forces.
(c) JOINT POLICY WITH THE SECRETARY OF VETERANS AFFAIRS.—
(1) IN GENERAL.—Not later than July 1, 2023, the Secretary
of Defense and the Secretary of Veterans Affairs shall issue
a joint policy that provides, except in a case in which there
is an exigent circumstance, for the confidentiality of mental
health care services provided by the Secretary of Veterans
Affairs to members of the Armed Forces, including the reserve
components, under section 1712A, 1720F, 1720H, or 1789 of
title 38, United States Code, or other applicable law.
(2) ELEMENTS.—The joint policy issued under paragraph
(1) shall, to the extent practicable, include standards comparable to the standards developed under subsection (a)(2).
(d) REPORT.—Not later than July 1, 2023, the Secretary of
Defense shall submit to the Committees on Armed Services of
the Senate and the House of Representatives a copy of the standards
developed under subsection (a)(2) and the joint policy issued under
subsection (c).
(e) EXIGENT CIRCUMSTANCE DEFINED.—In this section, the term
‘‘exigent circumstance’’ means a circumstance in which the Secretary of Defense determines the need to prevent serious harm
to an individual or essential military function clearly outweighs
the need for confidentiality of information obtained by a health
care provider incident to mental health care services voluntarily
sought by a member of the Armed Forces.
SEC. 705. AUDIT OF BEHAVIORAL HEALTH CARE NETWORK PROVIDERS
LISTED IN TRICARE DIRECTORY.

(a) AUDIT REQUIRED.—The Comptroller General of the United
States shall conduct an audit of the behavioral health care providers
listed in the TRICARE directory.
(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 House of Representatives
and the Senate a report on the findings of the audit under subsection (a). Such report shall include the following:
(1) An identification of the following, disaggregated by provider specialty and TRICARE provider network region:
(A) The number of such behavioral health care providers with respect to which there are duplicate listings
in the TRICARE directory.
(B) The number of such behavioral health care providers that, as of the commencement of the audit, were
listed in the TRICARE directory as available and accepting
new TRICARE patients.
(C) The number of such behavioral health care providers that, as a result of the audit, the Comptroller General determines are no longer available or accepting new
TRICARE patients.
(D) The number of such behavioral health care providers that were not previously listed in the TRICARE
directory as available and accepting new TRICARE patients
but that, as a result of the audit, the Comptroller General
determines are so available and accepting.

H. R. 7776—256
(E) The number of behavioral health care providers
listed in the TRICARE directory that are no longer practicing.
(F) The number of behavioral health care providers
that, in conducting the audit, the Comptroller General
could not reach for purposes of verifying information
relating to availability or status.
(2) An identification of the number of TRICARE beneficiaries in each TRICARE region, disaggregated by beneficiary
category.
(3) A description of the methods by which the Secretary
of Defense measures the following:
(A) The accessibility and accuracy of the TRICARE
directory, with respect to behavioral health care providers
listed therein.
(B) The adequacy of behavioral health care providers
under the TRICARE program.
(4) A description of the efforts of the Secretary of Defense
to recruit and retain behavioral health care providers.
(5) Recommendations by the Comptroller General, based
on the findings of the audit, on how to improve the availability
of behavioral health care providers that are network providers
under the TRICARE program, including through the inclusion
of specific requirements in the next generation of TRICARE
contracts.
(c) DEFINITIONS.—In this section:
(1) The term ‘‘TRICARE directory’’ means the directory
of network providers under the TRICARE program.
(2) The term ‘‘TRICARE program’’ has the meaning given
such term in section 1072 of title 10, United States Code.
SEC. 706. INDEPENDENT ANALYSIS OF QUALITY AND PATIENT SAFETY
REVIEW PROCESS UNDER DIRECT CARE COMPONENT OF
TRICARE PROGRAM.

(a) AGREEMENT.—
(1) IN GENERAL.—The Secretary of Defense shall seek to
enter into an agreement with a federally funded research and
development center for the federally funded research and
development center to carry out the activities described in
subsections (b) and (c).
(2) TIMING.—The Secretary shall seek to enter into the
agreement described in paragraph (1) not later October 1, 2023.
(b) ANALYSIS BY FFRDC.—
(1) ANALYSIS.—Under an agreement between the Secretary
and a federally funded research and development center entered
into pursuant to subsection (a), the federally funded research
and development center shall conduct an analysis of the quality
and patient safety review process for health care provided
under the direct care component of the TRICARE program
and develop recommendations for the Secretary based on such
analysis.
(2) ELEMENTS.—The analysis conducted and recommendations developed under paragraph (1) shall include, with respect
to the direct care component of the TRICARE program, an
assessment of the following:

H. R. 7776—257
(A) The procedures under such component regarding
credentialing and privileging for health care providers (and
an assessment of compliance with such procedures).
(B) The processes under such component for quality
assurance, standard of care, and incident review (and an
assessment of compliance with such processes).
(C) The accountability processes under such component
for health care providers who are found to have not met
a required standard of care.
(D) The transparency activities carried out under such
component, including an assessment of the publication of
clinical quality metrics (at the level of military medical
treatment facilities and other operational medical units
of the Department of Defense), and a comparison with
similar metrics for non-Department health care entities.
(E) The standardization activities carried under such
component, including activities aimed at eliminating
unwarranted variation in clinical quality metrics at the
level of military medical treatment facilities and other operational medical units of the Department.
(F) The implementation under such component of the
requirements of section 744 of the National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116–
283; 134 Stat. 3708; 10 U.S.C. 1071 note), including with
respect to health care delivery on ships and planes, in
deployed settings, and in all other circumstances outside
of military medical treatment facilities.
(G) The organizational roles and responsibilities of
military health system entities involved in clinical quality
management functions under such component, including
the Assistant Secretary of Defense for Health Affairs, the
Director of the Defense Health Agency, and the Surgeons
General of the Army, Navy, and Air Force, each of whom
shall conduct and submit to the federally funded research
and development center an internal assessment of the
respective entity regarding each element set forth under
this paragraph.
(3) INFORMATION ACCESS AND PRIVACY.—
(A) ACCESS TO RECORDS.—Notwithstanding section
1102 of title 10, United States Code, the Secretary shall
provide the federally funded research and development
center with access to such records of the Department of
Defense as the Secretary may determine necessary for purposes of the federally funded research and development
center conducting the analysis and developing the recommendations under paragraph (1).
(B) PRIVACY OF INFORMATION.—In conducting the analysis and developing the recommendations under paragraph
(1), the federally funded research and development center—
(i) shall maintain any personally identifiable
information in records accessed by the federally funded
research and development center pursuant to subparagraph (A) in accordance with applicable laws, protections, and best practices regarding the privacy of
information; and

H. R. 7776—258
(ii) may not permit access to such information
by any individual or entity not engaged in conducting
such analysis or developing such recommendations.
(c) BRIEFING AND REPORTS.—
(1) INTERIM BRIEFING.—Not later than 180 days after the
date of the enactment of this Act, the Secretary shall submit
to the Committees on Armed Services of the House of Representatives and the Senate an interim briefing on—
(A) the selection of a federally funded research and
development center with which the Secretary shall seek
to enter into an agreement with under subsection (a);
(B) any related guidance issued by the Secretary; and
(C) the methodology for conducting the study to be
used by such federally funded research and development
center.
(2) REPORT TO SECRETARY.—Under an agreement entered
into between the Secretary and a federally funded research
and development center under subsection (a), the federally
funded research and development center, not later than one
year after the date of the execution of the agreement, shall
submit to the Secretary a report on the findings of the federally
funded research and development center with respect to the
analysis conducted and recommendations developed under subsection (b).
(3) REPORT TO CONGRESS.—Not later than 120 days after
the date on which the Secretary receives the report of the
federally funded research and development center under paragraph (1), the Secretary shall submit to the Committees on
Armed Services of the House of Representatives and the Senate
such report, along with an assessment by the Secretary of
the analysis, findings, and recommendations contained therein
and the plan of the Secretary for strengthening clinical quality
management in the military health system.
(4) PUBLICATION.—The Secretary shall make the report
under paragraph (2) available on a public website in unclassified form.
(d) TRICARE PROGRAM DEFINED.—In this section, the term
‘‘TRICARE program’’ has the meaning given such term in section
1072 of title 10, United States Code.
SEC. 707. STUDY ON PROVIDING BENEFITS UNDER TRICARE RESERVE
SELECT AND TRICARE DENTAL PROGRAM TO MEMBERS
OF THE SELECTED RESERVE AND DEPENDENTS THEREOF.

(a) STUDY.—The Secretary of Defense may conduct a study
on the feasibility, potential cost effects to the budget of the Department of Defense, changes in out-of-pocket costs to beneficiaries,
and effects on other Federal programs of expanding eligibility for
TRICARE Reserve Select and the TRICARE dental program to
include all members of the Selected Reserve of the Ready Reserve
of a reserve component of the Armed Forces, the dependents thereof,
and the non-dependent children thereof under the age of 26.
(b) SPECIFICATIONS.—If the Secretary conducts the study under
subsection (a), the Secretary shall include in the study an assessment of the following:
(1) Cost-shifting to the Department of Defense to support
the expansion of TRICARE Reserve Select and the TRICARE
dental program from—

H. R. 7776—259
(A) health benefit plans under chapter 89 of title 5,
United States Code;
(B) employer-sponsored health insurance;
(C) private health insurance;
(D) insurance under a State health care exchange;
and
(E) the Medicaid program under title XIX of the Social
Security Act (42 U.S.C. 1396 et seq.).
(2) New costs for the Department of Defense to enroll
in TRICARE Reserve Select and the TRICARE dental program
members of the Selected Reserve of the Ready Reserve of a
reserve component of the Armed Forces who were previously
uninsured.
(3) The resources needed to implement TRICARE Reserve
Select and the TRICARE dental program for all such members,
the dependents thereof, and the non-dependent children thereof
under the age of 26.
(4) Cost-savings, if any, resulting from the expansion of
TRICARE Reserve Select and the TRICARE dental program
with regard to increased training days performed in support
of mass medical events during battle assemblies of the reserve
components, including an assessment of the impact of such
expansion on—
(A) medical readiness;
(B) overall deployability rates;
(C) deployability timelines;
(D) fallout rates at mobilization sites;
(E) cross-leveling of members of the reserve components to backfill medical fallouts at mobilization sites; and
(F) any other readiness metrics affected by such expansion.
(5) Any effect of such expansion on recruitment and retention of members of the Armed Forces, including members of
the Ready Reserve of the reserve components of the Armed
Forces.
(6) Cost-savings, if any, in contracts that implement the
Reserve Health Readiness Program of the Department of
Defense.
(c) DETERMINATION OF COST EFFECTS.—If the Secretary conducts the study under subsection (a), the Secretary shall include
in such study an assessment of the potential cost effects to the
budget of the Department of Defense for scenarios of expanded
eligibility for TRICARE Reserve Select and the TRICARE dental
program as follows:
(1) Premium free for members of the Selected Reserve
of the Ready Reserve of a reserve component of the Armed
Forces, the dependents thereof, and the non-dependent children
thereof under the age of 26.
(2) Premium free for such members and subsidized premiums for such dependents and non-dependent children.
(3) Subsidized premiums for such members, dependents,
and non-dependent children.
(d) USE OF A FEDERALLY FUNDED RESEARCH AND DEVELOPMENT
CENTER.—The Secretary may enter into a contract with a federally
funded research and development center the Secretary determines
is qualified and appropriate to conduct the study under subsection
(a).

H. R. 7776—260
(e) BRIEFING; REPORT.—
(1) BRIEFING.—If the Secretary conducts the study under
subsection (a), not later than one year after the date of the
enactment of this Act, the Secretary shall provide to the
Committees on Armed Services of the Senate and the House
of Representatives a briefing on the methodology and approach
of the study.
(2) REPORT.—If the Secretary conducts the study under
subsection (a), not later than two years after the date of the
enactment of this Act, the Secretary shall submit to the
Committees on Armed Services of the Senate and the House
of Representatives a report on the results of the study.
(f) DEFINITIONS.—In this section:
(1) The term ‘‘TRICARE dental program’’ means dental
benefits under section 1076a of title 10, United States Code.
(2) The term ‘‘TRICARE Reserve Select’’ means health
benefits under section 1076d of such title.
SEC. 708. GAO STUDY ON CERTAIN CONTRACTS RELATING TO TRICARE
PROGRAM AND OVERSIGHT OF SUCH CONTRACTS.

(a) STUDY.—The Comptroller General of the United States shall
conduct a study on certain contracts relating to the TRICARE
program and the oversight provided by the Director of the Defense
Health Agency with respect to such contracts.
(b) MATTERS.—The study under subsection (a) shall include
an assessment of the following:
(1) TRICARE MANAGED CARE SUPPORT CONTRACTS.—With
respect to TRICARE managed care support contracts (including
the TRICARE managed care support contract for which the
Director of the Defense Health Agency published a request
for proposals on April 15, 2021, commonly referred to as ‘‘T5’’), the process used in awarding such contracts.
(2) OTHER CONTRACTS.—With respect to each contract
relating to the TRICARE program other than a contract specified in paragraph (1) entered into by the Director of the Defense
Health Agency during the period beginning on October 1, 2017,
and ending on September 30, 2022, where the value of such
contract is greater than $500,000,000, the following:
(A) The total number of such contracts, disaggregated
by fiscal year, contract type, type of product or service
procured, and total expenditure under each such contract
by fiscal year.
(B) The total number of bid protests filed with respect
to such contracts, and the outcome of such protests.
(C) The total number of such contracts awarded
through means other than full and open competition.
(3) DEFENSE HEALTH AGENCY CONTRACT OVERSIGHT.—With
respect to the period beginning on October 1, 2017, and ending
on September 30, 2022, the following:
(A) The staff of the Defense Health Agency responsible
for performing oversight of the contracts specified in paragraphs (1) and (2), including the following:
(i) The number of such staff.
(ii) Any professional training requirements for such
staff.
(iii) Any acquisition certifications or accreditations
held by such staff.

H. R. 7776—261
(B) Any office or other element of the Defense Health
Agency responsible for contract award, administration, or
oversight with respect to the TRICARE program, including
the organizational structure, responsibilities, authorities,
and key roles of each such office or element.
(C) The process used by the Director of the Defense
Health Agency for determining staffing needs and competencies relating to contract award, administration, or
oversight with respect to the TRICARE program.
(c) INTERIM BRIEFING; REPORT.—
(1) INTERIM BRIEFING.—Not later than one year after the
date of the enactment of this Act, the Comptroller General
shall provide to the Committees on Armed Services of the
House of Representatives and the Senate an interim briefing
on the study under subsection (a).
(2) REPORT.—Not later than two years after the date of
the enactment of this Act, the Comptroller General shall submit
to the Committees on Armed Services of the House of Representatives and the Senate a report containing the results
of the study under subsection (a).
SEC. 709. GAO STUDY ON COVERAGE OF MENTAL HEALTH SERVICES
UNDER TRICARE PROGRAM AND RELATIONSHIP TO CERTAIN MENTAL HEALTH PARITY LAWS.

(a) STUDY AND REPORT REQUIRED.—Not later than one year
after the date of the enactment of this Act, the Comptroller General
of the United States shall—
(1) conduct a study to describe—
(A) coverage of mental health services under the
TRICARE program;
(B) any limits on such coverage that are not also
imposed on health services other than mental health services under the TRICARE program; and
(C) the efforts of the Department of Defense to align
coverage of mental health services under the TRICARE
program with coverage requirements under mental health
parity laws; and
(2) submit to the Secretary of Defense, the congressional
defense committees, and (with respect to any findings concerning the Coast Guard when it is not operating as a service
in the Department of the Navy), the Secretary of Homeland
Security, the Committee on Transportation and Infrastructure
of the House of Representatives, and the Committee on Commerce, Science, and Transportation of the Senate a report containing the findings of such study.
(b) DEFINITIONS.—In this section:
(1) The term ‘‘mental health parity laws’’ means—
(A) section 2726 of the Public Health Service Act (42
U.S.C. 300gg–26);
(B) section 712 of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1185a);
(C) section 9812 of the Internal Revenue Code of 1986
(26 U.S.C. 9812); or
(D) any other Federal law that applies the requirements under any of the sections described in subparagraph
(A), (B), or (C), or requirements that are substantially

H. R. 7776—262
similar to those provided under any such section, as determined by the Comptroller General.
(2) The term ‘‘TRICARE program’’ has the meaning given
such term in section 1072 of title 10, United States Code.

Subtitle B—Health Care Administration
SEC. 711. ACCOUNTABILITY FOR WOUNDED WARRIORS UNDERGOING
DISABILITY EVALUATION.

(a) POLICY.—Not later than April 1, 2023, the Secretary of
Defense, in consultation with the Secretaries concerned, shall establish a policy to ensure accountability for actions taken under the
authorities of the Defense Health Agency and the Armed Forces,
respectively, concerning wounded, ill, and injured members of the
Armed Forces during the integrated disability evaluation system
process. Such policy shall include the following:
(1) A restatement of the requirement that, in accordance
with section 1216(b) of title 10, United States Code, a determination of fitness for duty of a member of the Armed Forces
under chapter 61 of title 10, United States Code, is the responsibility of the Secretary concerned.
(2) A description of the role of the Director of the Defense
Health Agency in supporting the Secretaries concerned in carrying out determinations of fitness for duty as specified in
paragraph (1).
(3) A description of how the medical evaluation board processes of the Armed Forces are integrated with the Defense
Health Agency, including with respect to case management,
appointments, and other relevant matters.
(4) A requirement that, in determining fitness for duty
of a member of the Armed Forces under chapter 61 of title
10, United States Code, the Secretary concerned shall consider
the results of any medical evaluation of the member provided
under the authority of the Defense Health Agency pursuant
to section 1073c of title 10, United States Code.
(5) A description of how the Director of the Defense Health
Agency adheres to the medical evaluation processes of the
Armed Forces, including an identification of each applicable
regulation or policy to which the Director is required to so
adhere.
(6) An assessment of the feasibility of affording various
additional due process protections to members of the Armed
Forces undergoing the medical evaluation board process.
(7) A restatement of the requirement that wounded, ill,
and injured members of the Armed Forces may not be denied
any due process protection afforded under applicable law or
regulation of the Department of Defense or the Armed Forces.
(8) A description of the types of due process protections
specified in paragraph (7), including an identification of each
specific due process protection.
(b) CLARIFICATION OF RESPONSIBILITIES REGARDING MEDICAL
EVALUATION BOARDS.—Section 1073c of title 10, United States Code,
is amended—
(1) by redesignating subsection (h) as subsection (i); and
(2) by inserting after subsection (g) the following new subsection (h):

H. R. 7776—263
‘‘(h) RULE OF CONSTRUCTION REGARDING SECRETARIES CONCERNED AND MEDICAL EVALUATION BOARDS.—Nothing in this section shall be construed as transferring to the Director of the Defense
Health Agency, or otherwise revoking, any authority or responsibility of the Secretary concerned under chapter 61 of this title
with respect to a member of the armed forces (including with
respect to the administration of morale and welfare and the determination of fitness for duty for the member) while the member
is being considered by a medical evaluation board.’’.
(c) BRIEFING.—Not later than February 1, 2023, the Secretary
of Defense shall provide to the Committees on Armed Services
of the House of Representatives and the Senate a briefing on
the status of the implementation of subsections (a) and (b).
(d) REPORT.—Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall submit to
the Committees on Armed Services of the House of Representatives
and the Senate a report on the implementation of subsections
(a) and (b), lessons learned as a result of such implementation,
and the recommendations of the Secretary relating to the policy
on wounded, ill, and injured members of the Armed Forces undergoing the integrated disability evaluation system process.
(e) SECRETARY CONCERNED DEFINED.—In this section, the term
‘‘Secretary concerned’’ has the meaning given that term in section
101 of title 10, United States Code.
SEC. 712. INCLUSION OF LEVEL THREE TRAUMA CARE CAPABILITIES
IN REQUIREMENTS FOR MEDICAL CENTERS.

Section 1073d(b)(3) of title 10, United States Code, is amended
by striking ‘‘or level two’’ and inserting ‘‘, level two, or level three’’.
SEC. 713. CENTERS OF EXCELLENCE FOR SPECIALTY CARE IN MILITARY HEALTH SYSTEM.

(a) CENTERS OF EXCELLENCE.—Section 1073d(b)(4) of title 10,
United States Code, is amended to read as follows:
‘‘(4)(A) The Secretary shall designate certain major medical
centers as regional centers of excellence for the provision of specialty
care services in the areas of specialty care described in subparagraph (D). A major medical center may be designated as a center
of excellence under this subparagraph for more than one such
area of specialty care.
‘‘(B) The Secretary may designate certain medical centers as
satellite centers of excellence for the provision of specialty care
services for specific conditions, such as the following:
‘‘(i) Post-traumatic stress.
‘‘(ii) Traumatic brain injury.
‘‘(iii) Such other conditions as the Secretary determines
appropriate.
‘‘(C) Centers of excellence designated under this paragraph
shall serve the purposes of—
‘‘(i) ensuring the military medical force readiness of the
Department of Defense and the medical readiness of the armed
forces;
‘‘(ii) improving the quality of health care furnished by the
Secretary to eligible beneficiaries; and
‘‘(iii) improving health outcomes for eligible beneficiaries.
‘‘(D) The areas of specialty care described in this subparagraph
are as follows:
‘‘(i) Oncology.

H. R. 7776—264
‘‘(ii) Burn injuries and wound care.
‘‘(iii) Rehabilitation medicine.
‘‘(iv) Psychological health and traumatic brain injury.
‘‘(v) Amputations and prosthetics.
‘‘(vi) Neurosurgery.
‘‘(vii) Orthopedic care.
‘‘(viii) Substance abuse.
‘‘(ix) Infectious diseases and preventive medicine.
‘‘(x) Cardiothoracic surgery.
‘‘(xi) Such other areas of specialty care as the Secretary
determines appropriate.
‘‘(E)(i) Centers of excellence designated under this paragraph
shall be the primary source within the military health system
for the receipt by eligible beneficiaries of specialty care.
‘‘(ii) Eligible beneficiaries seeking a specialty care service
through the military health system shall be referred to a center
of excellence designated under subparagraph (A) for that area of
specialty care or, if the specialty care service sought is unavailable
at such center, to an appropriate specialty care provider in the
private sector.
‘‘(F) Not later than 90 days prior to the designation of a center
of excellence under this paragraph, the Secretary shall notify the
Committees on Armed Services of the House of Representatives
and the Senate of such designation.
‘‘(G) In this paragraph, the term ‘eligible beneficiary’ means
any beneficiary under this chapter.’’.
(b) DEADLINE.—The Secretary of Defense shall designate certain
major medical centers as regional centers of excellence in accordance
with section 1073d(b)(4)(A) of title 10, United States Code, as added
by subsection (a), by not later than one year after the date of
the enactment of this Act.
(c) REPORT.—
(1) SUBMISSION.—Not later than 180 days after the date
of the enactment of this Act, the Secretary of Defense shall
submit to the Committees on Armed Services of the House
of Representatives and the Senate a report that sets forth
the plan of the Department of Defense to designate centers
of excellence under section 1073d(b)(4) of title 10, United States
Code, as added by subsection (a).
(2) ELEMENTS.—The report under paragraph (1) shall
include the following:
(A) A list of the centers of excellence to be designated
under such section 1073d(b)(4) and the locations of such
centers.
(B) A description of the specialty care services to be
provided at each such center and a staffing plan for each
such center.
(C) A description of how each such center shall
improve—
(i) the military medical force readiness of the
Department and the medical readiness of the Armed
Forces;
(ii) the quality of care received by eligible beneficiaries; and
(iii) the health outcomes of eligible beneficiaries.

H. R. 7776—265
(D) A comprehensive plan for the referral of eligible
beneficiaries for specialty care services at centers of excellence designated under such section 1073d(b)(4) and appropriate specialty care providers in the private sector.
(E) A plan to assist eligible beneficiaries with travel
and lodging, if necessary, in connection with the receipt
of specialty care services at centers of excellence designated
under such section 1073d(b)(4) or appropriate specialty care
providers in the private sector.
(F) A plan to transfer specialty care providers of the
Department to centers of excellence designated under such
section 1073d(b)(4), in a number as determined by the
Secretary to be required to provide specialty care services
to eligible beneficiaries at such centers.
(G) A plan to monitor access to care, beneficiary satisfaction, experience of care, and clinical outcomes to understand better the impact of such centers on the health
care of eligible beneficiaries.
(d) ELIGIBLE BENEFICIARY DEFINED.—In this section, the term
‘‘eligible beneficiary’’ means any beneficiary under chapter 55 of
title 10, United States Code.
SEC. 714. MAINTENANCE OF CORE CASUALTY RECEIVING FACILITIES
TO IMPROVE MEDICAL FORCE READINESS.

(a) IN GENERAL.—Section 1073d(b) of title 10, United States
Code, as amended by section 713, is further amended by adding
at the end the following new paragraph:
‘‘(5)(A) The Secretary of Defense shall designate and maintain
certain military medical treatment facilities as core casualty
receiving facilities, to ensure the medical capability and capacity
required to diagnose, treat, and rehabilitate large volumes of combat
casualties and, as may be directed by the President or the Secretary,
provide a medical response to events the President determines
or declares as natural disasters, mass casualty events, or other
national emergencies.
‘‘(B) The Secretary shall ensure that the military medical treatment facilities selected for designation pursuant to subparagraph
(A) are geographically located to facilitate the aeromedical evacuation of casualties from theaters of operations.
‘‘(C) The Secretary—
‘‘(i) shall ensure that the Secretaries of the military departments assign military personnel to core casualty receiving facilities designated under subparagraph (A) at not less than 90
percent of the staffing level required to maintain the operating
bed capacity necessary to support operation planning requirements;
‘‘(ii) may augment the staffing of military personnel at
core casualty receiving facilities under subparagraph (A) with
civilian employees of the Department of Defense to fulfil the
staffing requirement under clause (i); and
‘‘(iii) shall ensure that each core casualty receiving facility
under subparagraph (A) is staffed with a civilian Chief Financial Officer and a civilian Chief Operating Officer with experience in the management of civilian hospital systems, for the
purpose of ensuring continuity in the management of the
facility.
‘‘(D) In this paragraph:

H. R. 7776—266
‘‘(i) The term ‘core casualty receiving facility’ means a
Role 4 medical treatment facility that serves as a medical
hub for the receipt and treatment of casualties, including
civilian casualties, that may result from combat or from an
event the President determines or declares as a natural disaster, mass casualty event, or other national emergency.
‘‘(ii) The term ‘Role 4 medical treatment facility’ means
a medical treatment facility that provides the full range of
preventative, curative, acute, convalescent, restorative, and
rehabilitative care.’’.
(b) TIMELINE FOR ESTABLISHMENT.—
(1) DESIGNATION.—Not later than October 1, 2024, the
Secretary of Defense shall designate four military medical treatment facilities as core casualty receiving facilities under section
1073d(b)(5) of title 10, United States Code (as added by subsection (a)).
(2) OPERATIONAL.—Not later than October 1, 2025, the
Secretary shall ensure that each such designated military medical treatment facility is fully staffed and operational as a
core casualty receiving facility, in accordance with the requirements of such section 1073d(b)(5).
SEC. 715. CONGRESSIONAL NOTIFICATION REQUIREMENT TO MODIFY
SCOPE OF SERVICES PROVIDED AT MILITARY MEDICAL
TREATMENT FACILITIES.

Section 1073d of title 10, United States Code, as amended
by section 714, is further amended by adding at the end the following new subsection:
‘‘(f) NOTIFICATION REQUIRED TO MODIFY SCOPE OF SERVICES
PROVIDED AT MILITARY MEDICAL TREATMENT FACILITIES.—(1) The
Secretary of Defense may not modify the scope of medical care
provided at a military medical treatment facility, or the beneficiary
population served at the facility, unless—
‘‘(A) the Secretary submits to the Committees on Armed
Services of the House of Representatives and the Senate a
notification of the proposed modification in scope;
‘‘(B) a period of 180 days has elapsed following the date
on which the Secretary submits such notification; and
‘‘(C) if the proposed modification in scope involves the
termination or reduction of inpatient capabilities at a military
medical treatment facility located outside the United States,
the Secretary has provided to each member of the armed forces
or covered beneficiary receiving services at such facility a
transition plan for the continuity of health care for such
member or covered beneficiary.
‘‘(2) Each notification under paragraph (1) shall contain
information demonstrating, with respect to the military medical
treatment facility for which the modification in scope has been
proposed, the extent to which the commander of the military
installation at which the facility is located has been consulted
regarding such modification, to ensure that the proposed modification in scope would have no impact on the operational plan for
such installation.’’.

H. R. 7776—267
SEC. 716. IMPROVEMENTS TO PROCESSES TO REDUCE FINANCIAL
HARM CAUSED TO CIVILIANS FOR CARE PROVIDED AT
MILITARY MEDICAL TREATMENT FACILITIES.

(a) CLARIFICATION OF FEE WAIVER PROCESS.—Section 1079b
of title 10, United States Code, is amended—
(1) by amending subsection (b) to read as follows:
‘‘(b) WAIVER OF FEES.—The Director of the Defense Health
Agency may issue a waiver for a fee that would otherwise be
charged under the procedures implemented under subsection (a)
to a civilian provided medical care who is not a covered beneficiary
if the provision of such care enhances the knowledge, skills, and
abilities of health care providers, as determined by the Director
of the Defense Health Agency.’’; and
(2) by redesignating subsection (c) as subsection (d).
(b) MODIFIED PAYMENT PLAN FOR CERTAIN CIVILIANS.—Such
section is further amended—
(1) by inserting after subsection (b), as amended by subsection (a), the following:
‘‘(c) MODIFIED PAYMENT PLAN FOR CERTAIN CIVILIANS.—(1)(A)
If a civilian specified in subsection (a) is covered by a covered
payer at the time care under this section is provided, the civilian
shall only be responsible to pay the standard copays, coinsurance,
deductibles, or nominal fees that are otherwise applicable under
the covered payer plan.
‘‘(B) Except with respect to the copays, coinsurance, deductibles,
and nominal fees specified in subparagraph (A)—
‘‘(i) the Secretary of Defense may bill only the covered
payer for care provided to a civilian described in subparagraph
(A); and
‘‘(ii) payment received by the Secretary from the covered
payer of a civilian for care provided under this section that
is provided to the civilian shall be considered payment in full
for such care.
‘‘(2) If a civilian specified in subsection (a) does not meet the
criteria under paragraph (1), is underinsured, or has a remaining
balance and is at risk of financial harm, the Director of the Defense
Health Agency shall reduce each fee that would otherwise be
charged to the civilian under this section according to a sliding
fee discount program, as prescribed by the Director of the Defense
Health Agency.
‘‘(3) If a civilian specified in subsection (a) does not meet the
criteria under paragraph (1) or (2), the Director of the Defense
Health Agency shall implement an additional catastrophic waiver
to prevent severe financial harm.
‘‘(4) The modified payment plan under this subsection may
not be administered by a Federal agency other than the Department
of Defense.’’; and
(2) by adding at the end the following new subsection:
‘‘(e) DEFINITIONS.—In this section:
‘‘(1) The term ‘covered payer’ means a third-party payer
or other insurance, medical service, or health plan.
‘‘(2) The terms ‘third-party payer’ and ‘insurance, medical
service, or health plan’ have the meaning given those terms
in section 1095(h) of this title.’’.
(c) APPLICABILITY.—The amendments made by subsections (a)
and (b) shall apply with respect to care provided on or after the

H. R. 7776—268
date that is 180 days after the date of the enactment of this
Act.
SEC. 717. AUTHORITY TO CARRY OUT STUDIES AND DEMONSTRATION
PROJECTS RELATING TO DELIVERY OF HEALTH AND MEDICAL CARE THROUGH USE OF OTHER TRANSACTION
AUTHORITY.

(a) IN GENERAL.—Section 1092(b) of title 10, United States
Code, is amended by inserting ‘‘or transactions (other than contracts, cooperative agreements, and grants)’’ after ‘‘contracts’’.
(b) BRIEFING.—Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall provide to
the Committees on Armed Services of the Senate and the House
of Representatives a briefing on how the Secretary intends to use
the authority to enter into transactions under section 1092(b) of
title 10, United States Code, as amended by subsection (a).
SEC. 718. LICENSURE REQUIREMENT FOR CERTAIN HEALTH-CARE
PROFESSIONALS PROVIDING SERVICES AS PART OF MISSION RELATING TO EMERGENCY, HUMANITARIAN, OR REFUGEE ASSISTANCE.

Section 1094(d)(2) of title 10, United States Code, is amended
by inserting ‘‘ contractor not covered under section 1091 of this
title who is providing medical treatment as part of a mission
relating to emergency, humanitarian, or refugee assistance,’’ after
‘‘section 1091 of this title,’’.
SEC. 719. AUTHORIZATION OF PERMANENT PROGRAM TO IMPROVE
OPIOID MANAGEMENT IN THE MILITARY HEALTH SYSTEM.

Section 716 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 10 U.S.C.
1090 note), is amended—
(1) in subsection (a)(1), by striking ‘‘Beginning not’’ and
inserting ‘‘Except as provided in subsection (e), beginning not’’;
(2) by redesignating subsection (e) as subsection (f); and
(3) by inserting after subsection (d) the following new subsection (e):
‘‘(e) ALTERNATIVE INITIATIVE TO IMPROVE OPIOID MANAGEMENT.—As an alternative to the pilot program under this section,
the Director of the Defense Health Agency, not later than January
1, 2023—
‘‘(1) may implement a permanent program to improve opioid
management for beneficiaries under the TRICARE program;
and
‘‘(2) if the Director decides to implement such a permanent
program, shall submit to the Committees on Armed Services
of the Senate and the House of Representatives the specifications of and reasons for implementing such program.’’.
SEC. 720. MODIFICATION OF REQUIREMENT TO TRANSFER RESEARCH
AND DEVELOPMENT AND PUBLIC HEALTH FUNCTIONS TO
DEFENSE HEALTH AGENCY.

(a) TEMPORARY RETENTION.—Notwithstanding section 1073c(e)
of title 10, United States Code, at the discretion of the Secretary
of Defense, a military department may retain, until not later than
February 1, 2024, a covered function if the Secretary of Defense
determines the covered function—

H. R. 7776—269
(1) addresses a need that is unique to the military department; and
(2) is in direct support of operating forces and necessary
to execute strategies relating to national security and defense.
(b) BRIEFING.—
(1) IN GENERAL.—Not later than March 1, 2023, the Secretary of Defense shall provide to the Committees on Armed
Services of the House of Representatives and the Senate a
briefing on any covered function that the Secretary has determined should be retained by a military department pursuant
to subsection (a).
(2) ELEMENTS.—The briefing required by paragraph (1)
shall address the following:
(A) A description of each covered function that the
Secretary has determined should be retained by a military
department pursuant to subsection (a).
(B) The rationale for each such determination.
(C) Recommendations for amendments to section 1073c
of title 10, United States Code, to authorize the ongoing
retention of covered functions by military departments.
(c) MODIFICATION TO NAMES OF PUBLIC HEALTH COMMANDS.—
Section 1073c(e)(2)(B) of title 10, United States Code, is amended
by striking ‘‘Army Public Health Command, the Navy–Marine Corps
Public Health Command’’ and inserting ‘‘Army Public Health
Center, the Navy–Marine Corps Public Health Center’’.
(d) COVERED FUNCTION DEFINED.—In this section, the term
‘‘covered function’’ means—
(1) a function relating to research and development that
would otherwise be transferred to the Defense Health Agency
Research and Development pursuant to section 1073c(e)(1) of
title 10, United States Code; or
(2) a function relating to public health that would otherwise
be transferred to the Defense Health Agency Public Health
pursuant to section 1073c(e)(2) of such title.
SEC. 721. ACCESS TO CERTAIN DEPENDENT MEDICAL RECORDS BY
REMARRIED FORMER SPOUSES.

(a) ACCESS.—The Secretary of Defense may authorize a
remarried former spouse who is a custodial parent of a dependent
child to retain electronic access to the privileged medical records
of such dependent child, notwithstanding that the former spouse
is no longer a dependent under section 1072(2) of title 10, United
States Code.
(b) DEFINITIONS.—In this section:
(1) The term ‘‘dependent’’ has the meaning given that term
in section 1072 of title 10, United States Code.
(2) The term ‘‘dependent child’’ means a dependent child
of a remarried former spouse and a member or former member
of a uniformed service.
(3) The term ‘‘remarried former spouse’’ means a remarried
former spouse of a member or former member of a uniformed
service.
SEC. 722. AUTHORITY FOR DEPARTMENT OF DEFENSE PROGRAM TO
PROMOTE EARLY LITERACY AMONG CERTAIN YOUNG
CHILDREN.

(a) AUTHORITY.—The Secretary of Defense may carry out a
program to promote early literacy among young children in child

H. R. 7776—270
development centers and libraries located on installations of the
Department of Defense.
(b) ACTIVITIES.—Activities under the program under subsection
(a) shall include the following:
(1) The provision of training on early literacy promotion
to appropriate personnel of the Department.
(2) The purchase and distribution of age-appropriate books
to covered caregivers assigned to or serving at an installation
of the Department with a child development center or library
at which the Secretary is carrying out the program.
(3) The dissemination to covered caregivers of education
materials on early literacy.
(4) Such other activities as the Secretary determines appropriate.
(c) LOCATIONS.—In carrying out the program under subsection
(a), the Secretary may conduct the activities under subsection (b)
at any child development center or library located on an installation
of the Department.
(d) BRIEFING.—Not later than one year after the date of the
enactment of this Act, the Secretary shall provide to the Committees
on Armed Services of the House of Representatives and the Senate
a briefing on the extent to which the authority under subsection
(a) is used, including—
(1) a description of any activities carried out under the
program so authorized; and
(2) an evaluation of the potential expansion of such program
to be included as a part of the pediatric primary care of young
children and to be carried out in military medical treatment
facilities.
(b) DEFINITIONS.—In this section:
(1) The term ‘‘covered caregiver’’ means a member of the
Armed Forces who is a caregiver of a young child.
(2) The term ‘‘young child’’ means any child from birth
to the age of five years old, inclusive.
SEC. 723. PLAN FOR ACCOUNTABLE CARE ORGANIZATION DEMONSTRATION.

(a) IN GENERAL.—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 Health Agency, shall submit to the
Committees on Armed Services of the House of Representatives
and the Senate a plan for the conduct of the Accountable Care
Organization demonstration, notice of which was published in the
Federal Register on August 16, 2019 (84 Fed. Reg. 41974), (in
this section referred to as the ‘‘Demonstration’’).
(b) ELEMENTS.—The plan under subsection (a) shall include,
the following:
(1) A description of how the Demonstration shall be conducted to deliver improved health outcomes, improved quality
of care, and lower costs under the TRICARE program.
(2) A description of the results for the TRICARE program
that the Secretary plans to achieve through the Demonstration,
with respect to the following outcome measures:
(A) Clinical performance.
(B) Utilization improvement.
(C) Beneficiary engagement.
(D) Membership growth and retention.

H. R. 7776—271
(E) Case management.
(F) Continuity of care.
(G) Use of telehealth.
(3) A description of how the Demonstration shall be conducted to shift financial risk from the Department of Defense
to civilian health care providers.
(4) A description of how investment in the Demonstration
shall serve as a bridge to future competitive demonstrations
of the Department of Defense with accountable care organizations.
(5) A detailed description of the geographic locations at
which the Secretary plans to conduct such future competitive
demonstrations.
(6) A description of how a third-party administrator shall
manage the administrative components of the Demonstration,
including with respect to eligibility, enrollment, premium payment processes, submission of qualifying life events changes,
and mailing address changes.
(c) TRICARE PROGRAM DEFINED.—In this section, the term
‘‘TRICARE program’’ has the meaning given that term in section
1072 of title 10, United States Code.
SEC. 724. FEASIBILITY STUDY AND PLAN ON ESTABLISHING A MILITARY HEALTH SYSTEM MEDICAL LOGISTICS DIRECTORATE
AND MILITARY HEALTH SYSTEM EDUCATION AND
TRAINING DIRECTORATE.

(a) STUDY AND PLAN.—The Secretary of Defense, in consultation
with the Secretaries of the military departments and the Joint
Chiefs of Staff, shall—
(1) conduct a study on the feasibility of the establishment
within the Defense Health Agency of two subordinate organizations, to be known as the Military Health System Medical
Logistics Directorate and the Military Health System Education
and Training Directorate, respectively; and
(2) develop a plan for such establishment.
(b) ELEMENTS.—The plan under subsection (a)(2) shall include
the following:
(1) MILITARY HEALTH SYSTEM MEDICAL LOGISTICS DIRECTORATE.—With respect to the Military Health System Medical
Logistics Directorate, the following:
(A) A description of the organizational structure of
the Directorate (including any subordinate organizations),
including the incorporation into the Directorate of existing
organizations of the military departments that provide
operational theater medical materiel support.
(B) A description of the resourcing by the Secretary
of the executive leadership of the Directorate.
(C) A description of the geographic location, or multiple
such locations, of the elements of the Directorate.
(D) A description of how the head of the medical
research and development organization within the Defense
Health Agency shall coordinate with the Directorate.
(E) A description of the ability of the Directorate to
address the medical logistics requirements of the military
departments, the combatant commands, and the Joint
Staff.

H. R. 7776—272
(F) A description of any additional funding required
to establish the Directorate.
(G) A description of any additional legislative authorities required to establish the Directorate, including any
such authorities required for the leadership and direction
of the Directorate.
(H) A description of any military department-specific
capabilities, requirements, or best practices relating to
medical logistics necessary to be considered prior to the
establishment of the Directorate.
(I) Such other matters relating to the establishment,
operations, or activities of the Directorate as the Secretary
may determine appropriate.
(2) MILITARY HEALTH SYSTEM EDUCATION AND TRAINING
DIRECTORATE.—With respect to the Military Health System
Education and Training Directorate, the following:
(A) A description of the organizational structure of
the Directorate (including any subordinate organizations),
including the incorporation into the Directorate of existing
organizations that provide relevant medical education and
training, such as the following:
(i) The Uniformed Services University of the
Health Sciences.
(ii) The College of Allied Health Sciences of the
Uniformed Services University of the Health Sciences.
(iii) The Medical Education and Training Campus
of the Department of Defense.
(iv) The medical education and training commands
and organizations of the military departments.
(v) The medical training programs of the military
departments affiliated with civilian academic institutions.
(B) A description of the resourcing by the Secretary
of the executive leadership of the Directorate.
(C) A description of the geographic location, or multiple
such locations, of the elements of the Directorate.
(D) A description of the ability of the Directorate to
address the medical education and training requirements
of the military departments.
(E) A description of any additional funding required
for the establishment the Directorate.
(F) A description of any additional legislative authorities required for the establishment of the Directorate,
including any such authorities required for the leadership
and direction of the Directorate.
(G) Such other matters relating to the establishment,
operations, or activities of the Directorate as the Secretary
may determine appropriate.
(c) SUBMISSION.—Not later than one year after the date of
the enactment of this Act, the Secretary of Defense shall submit
to the Committees on Armed Services of the House of Representatives and the Senate—
(1) the results of the study under subsection (a)(1); and
(2) the plan under subsection (a)(2).

H. R. 7776—273

Subtitle C—Reports and Other Matters
SEC. 731. BRIEFING AND REPORT ON REDUCTION OR REALIGNMENT
OF MILITARY MEDICAL MANNING AND MEDICAL BILLETS.

Section 731(a)(2)(A) of the National Defense Authorization Act
for Fiscal Year 2022 (Public Law 117–81; 135 Stat. 1796) is amended
to read as follows:
‘‘(A) BRIEFING; REPORT.—The Comptroller General of
the United States shall—
‘‘(i) not later than February 1, 2023, provide to
the Committees on Armed Services of the House of
Representatives and the Senate a briefing on preliminary observations regarding the analyses used to support any reduction or realignment of military medical
manning, including any reduction or realignment of
medical billets of the military departments; and
‘‘(ii) not later than May 31, 2023, submit to the
Committees on Armed Services of the House of Representatives and the Senate a report on such analyses.’’.
SEC. 732. INDEPENDENT ANALYSIS OF DEPARTMENT OF DEFENSE
COMPREHENSIVE AUTISM CARE DEMONSTRATION PROGRAM.

Section 737 of the National Defense Authorization Act for Fiscal
Year 2022 (Public Law 117–81; 135 Stat. 1800) is amended—
(1) in subsection (b)(2)—
(A) in subparagraph (A)—
(i) by inserting ‘‘broadly’’ after ‘‘disorder’’; and
(ii) by striking ‘‘demonstration project’’ and
inserting ‘‘demonstration program’’;
(B) in subparagraph (B), by striking ‘‘demonstration
project’’ and inserting ‘‘demonstration program’’;
(C) in subparagraph (C), by inserting ‘‘parental involvement in applied behavioral analysis treatment, and’’ after
‘‘including’’;
(D) in subparagraph (D), by striking ‘‘for an individual
who has’’ and inserting ‘‘, including mental health outcomes, for individuals who have’’;
(E) in subparagraph (E), by inserting ‘‘since its inception’’ after ‘‘demonstration program’’;
(F) in subparagraph (F), by inserting ‘‘cost effectiveness, program effectiveness, and clinical’’ after ‘‘measure
the’’;
(G) in subparagraph (G), by inserting ‘‘than in the
general population’’ after ‘‘families’’;
(H) by redesignating subparagraph (H) as subparagraph (I); and
(I) by inserting after subparagraph (G) the following
new subparagraph (H):
‘‘(H) An analysis of whether the diagnosis and treatment of autism is higher among the children of military
families than in the general population.’’; and
(2) in subsection (c), in the matter preceding paragraph
(1), by striking ‘‘nine’’ and inserting ‘‘31’’.

H. R. 7776—274
SEC. 733. CLARIFICATION OF MEMBERSHIP REQUIREMENTS AND COMPENSATION AUTHORITY FOR INDEPENDENT SUICIDE
PREVENTION AND RESPONSE REVIEW COMMITTEE.

Section 738 of the National Defense Authorization Act for Fiscal
Year 2022 (Public Law 117–81; 135 Stat. 1801) is amended—
(1) in subsection (b)(3), by striking ‘‘none of whom may
be’’ and all that follows through the closing period and inserting
‘‘none of whom may be—’’
‘‘(A) a member of an Armed Force; or
‘‘(B) a civilian employee of the Department of Defense,
unless the individual is a former member of an Armed
Force.’’.
(2) by redesignating subsections (f) through (h) as subsections (g) through (i), respectively; and
(3) by inserting after subsection (e) the following new subsection (f):
‘‘(f) COMPENSATION.—
‘‘(1) IN GENERAL.—Except as provided in paragraph (2),
the Secretary may compensate members of the committee established under subsection (a) for the work of such members
for the committee.
‘‘(2) EXCEPTION.—A member of the committee established
under subsection (a) who is a civilian employee of the Department of Defense and a former member of an Armed Force
may not receive compensation under paragraph (1).
‘‘(3) TREATMENT OF COMPENSATION.—A member of the committee established under subsection (a) who receives compensation under paragraph (1) shall not be considered a civilian
employee of the Department of Defense for purposes of subsection (b)(3)(B).’’.
SEC. 734. TERMINATION OF VETERANS’ ADVISORY BOARD ON RADIATION DOSE RECONSTRUCTION.

Section 601 of the Veterans Benefit Act of 2003 (Public Law
108–183; 38 U.S.C. 1154 note) is amended—
(1) in subsection (b), by striking ‘‘, including the establishment of the advisory board required by subsection (c)’’; and
(2) by striking subsection (c).
SEC. 735. BRAIN HEALTH INITIATIVE OF DEPARTMENT OF DEFENSE.

(a) IN GENERAL.—The Secretary of Defense, in consultation
with the Secretaries concerned, shall establish a comprehensive
initiative for brain health to be known as the ‘‘Warfighter Brain
Health Initiative’’ (in this section referred to as the ‘‘Initiative’’)
for the purpose of unifying efforts and programs across the Department of Defense to improve the cognitive performance and brain
health of members of the Armed Forces.
(b) OBJECTIVES.—The objectives of the Initiative shall be the
following:
(1) To enhance, maintain, and restore the cognitive
performance of members of the Armed Forces through education, training, prevention, protection, monitoring, detection,
diagnosis, treatment, and rehabilitation, including through the
following activities:
(A) The establishment of a program to monitor cognitive brain health across the Department of Defense, with
the goal of detecting any need for cognitive enhancement

H. R. 7776—275
or restoration resulting from potential brain exposures of
members of Armed Forces, to mitigate possible evolution
of injury or disease progression.
(B) The identification and dissemination of thresholds
for blast pressure safety and associated emerging scientific
evidence.
(C) The modification of high-risk training and operational activities to mitigate the negative effects of repetitive blast exposure.
(D) The identification of individuals who perform highrisk training or occupational activities, for purposes of
increased monitoring of the brain health of such individuals.
(E) The development and operational fielding of noninvasive, portable, point-of-care medical devices, to inform
the diagnosis and treatment of traumatic brain injury.
(F) The establishment of a standardized monitoring
program that documents and analyzes blast exposures that
may affect the brain health of members of the Armed
Forces.
(G) The consideration of the findings and recommendations of the report of the National Academies of Science,
Engineering, and Medicine titled ‘‘Traumatic Brain Injury:
A Roadmap for Accelerating Progress’’ and published in
2022 (relating to the acceleration of progress in traumatic
brain injury research and care), or any successor report,
in relation to the activities of the Department relating
to brain health, as applicable.
(2) To harmonize and prioritize the efforts of the Department of Defense into a single approach to brain health.
(c) ANNUAL BUDGET JUSTIFICATION DOCUMENTS.—In the budget
justification materials submitted to Congress in support of the
Department of Defense budget for each of fiscal years 2025 through
2029 (as submitted with the budget of the President under section
1105(a) of title 31, United States Code), the Secretary of Defense
shall include a budget justification display that includes all activities of the Department relating to the Initiative.
(d) PILOT PROGRAM RELATING TO MONITORING OF BLAST COVERAGE.—
(1) AUTHORITY.—The Director of the Defense Health Agency
may conduct, as part of the Initiative, a pilot program under
which the Director shall monitor blast overpressure exposure
through the use of commercially available, off-the-shelf, wearable sensors, and document and evaluate data collected as
a result of such monitoring.
(2) LOCATIONS.—Monitoring activities under a pilot program conducted pursuant to paragraph (1) shall be carried
out in each training environment that the Director determines
poses a risk for blast overpressure exposure.
(3) DOCUMENTATION AND SHARING OF DATA.—If the Director
conducts a pilot program pursuant to paragraph (1), the
Director shall—
(A) ensure that any data collected pursuant to such
pilot program that is related to the health effects of the
blast overpressure exposure of a member of the Armed
Forces who participated in the pilot program is documented

H. R. 7776—276
and maintained by the Secretary of Defense in an electronic
health record for the member; and
(B) to the extent practicable, and in accordance with
applicable provisions of law relating to data privacy, make
data collected pursuant to such pilot program available
to other academic and medical researchers for the purpose
of informing future research and treatment options.
(e) STRATEGY AND IMPLEMENTATION PLAN.—Not later than one
year after the date of the enactment of this Act, the Secretary
of Defense shall submit to the Committees on Armed Services
of the House of Representatives and the Senate a report setting
forth a strategy and implementation plan of the Department of
Defense to achieve the objectives of the Initiative under subsection
(b).
(f) ANNUAL BRIEFINGS.—Not later than January 31, 2024, and
annually thereafter until January 31, 2027, the Secretary of Defense
shall provide to the Committees on Armed Services of the House
of Representatives and the Senate a report on the Initiative that
includes the following:
(1) A description of the activities taken under the Initiative
and resources expended under the Initiative during the prior
fiscal year.
(2) A summary of the progress made during the prior
fiscal year with respect to the objectives of the Initiative under
subsection (b).
(g) SECRETARY CONCERNED DEFINED.—In this section, the term
‘‘Secretary concerned’’ has the meaning given that term in section
101 of title 10, United States Code.
SEC. 736. ESTABLISHMENT OF PARTNERSHIP PROGRAM BETWEEN
UNITED STATES AND UKRAINE FOR MILITARY TRAUMA
CARE AND RESEARCH.

Not later than February 24, 2023, the Secretary of Defense
shall seek to enter into a partnership with the appropriate counterpart from the Government of Ukraine for the establishment of
a joint program on military trauma care and research. Such program shall consist of the following:
(1) The sharing of relevant lessons learned from the RussoUkraine War.
(2) The conduct of relevant joint conferences and exchanges
with military medical professionals from Ukraine and the
United States.
(3) Collaboration with the armed forces of Ukraine on matters relating to health policy, health administration, and medical supplies and equipment, including through knowledge
exchanges.
(4) The conduct of joint research and development on the
health effects of new and emerging weapons.
(5) The entrance into agreements with military medical
schools of Ukraine for reciprocal education programs under
which students at the Uniformed Services University of the
Health Sciences receive specialized military medical instruction
at the such military medical schools of Ukraine and military
medical personnel of Ukraine receive specialized military medical instruction at the Uniformed Services University of the
Health Sciences, pursuant to section 2114(f) of title 10, United
States Code.

H. R. 7776—277
(6) The provision of support to Ukraine for the purpose
of facilitating the establishment in Ukraine of a program
substantially similar to the Wounded Warrior Program in the
United States.
(7) The provision of training to the armed forces of Ukraine
in the following areas:
(A) Health matters relating to chemical, biological,
radiological, nuclear and explosive weapons.
(B) Preventive medicine and infectious disease.
(C) Post traumatic stress disorder.
(D) Suicide prevention.
(8) The maintenance of a list of medical supplies and equipment needed.
(9) Such other elements as the Secretary of Defense may
determine appropriate.
SEC. 737. IMPROVEMENTS RELATING TO BEHAVIORAL HEALTH CARE
AVAILABLE UNDER MILITARY HEALTH SYSTEM.

(a) STUDY RELATING TO UNIFORMED SERVICES UNIVERSITY OF
HEALTH SCIENCE.—
(1) STUDY.—The Secretary of Defense shall conduct a study
on the feasibility and advisability of the following:
(A) Establishing graduate degree-granting programs
in counseling and social work at the Uniformed Services
University of the Health Sciences.
(B) Expanding the clinical psychology graduate program of the Uniformed Services University of the Health
Sciences.
(2) MATTERS.—The study under paragraph (1) shall include
a description of—
(A) the process by which, as a condition of enrolling
in a degree-granting program specified in such paragraph,
a civilian student would be required to commit to postaward employment obligations; and
(B) the processes and consequences that would apply
if such obligations are not met.
(3) REPORT.—Not later than one year after the date of
the enactment of this Act, the Secretary shall submit to the
Committees on Armed Services of the House of Representatives
and the Senate a report containing the findings of the study
under paragraph (1).
(b) PILOT PROGRAM ON SCHOLARSHIP-FOR-SERVICE FOR CIVILIAN
BEHAVIORAL HEALTH PROVIDERS.—
(1) PILOT PROGRAM.—Not later than two years after the
date of the enactment of this Act, the Secretary of Defense
shall commence the conduct of a pilot program under which—
(A) the Secretary may provide—
(i) scholarships to cover tuition and related fees
at an institution of higher education to an individual
enrolled in a program of study leading to a graduate
degree in clinical psychology, social work, counseling,
or a related field (as determined by the Secretary);
and
(ii) student loan repayment assistance to a
credentialed behavioral health provider who has a
graduate degree in clinical psychology, social work,
THE

H. R. 7776—278
counseling, or a related field (as determined by the
Secretary); and
(B) in exchange for such assistance, the recipient shall
commit to work as a covered civilian behavioral health
provider in accordance with paragraph (2).
(2) POST-AWARD EMPLOYMENT OBLIGATIONS.—
(A) IN GENERAL.—Subject to subparagraph (B), as a
condition of receiving assistance under paragraph (1), the
recipient of such assistance shall enter into an agreement
with the Secretary of Defense pursuant to which the
recipient agrees to work on a full-time basis as a covered
civilian behavioral health provider for a period of a duration
that is at least equivalent to the period during which
the recipient received assistance under such paragraph.
(B) OTHER TERMS AND CONDITIONS.—An agreement
entered into pursuant to subparagraph (A) may include
such other terms and conditions as the Secretary of Defense
may determine necessary to protect the interests of the
United States or otherwise appropriate for purposes of
this section, including terms and conditions providing for
limited exceptions from the post-award employment obligation specified in such subparagraph.
(3) REPAYMENT.—
(A) IN GENERAL.—An individual who receives assistance under paragraph (1) and does not complete the
employment obligation required under the agreement
entered into pursuant to paragraph (2) shall repay to the
Secretary of Defense a prorated portion of the financial
assistance received by the individual under paragraph (1).
(B) DETERMINATION OF AMOUNT.—The amount of any
repayment required under subparagraph (A) shall be determined by the Secretary.
(4) DURATION.—The authority to carry out the pilot program under paragraph (1) shall terminate on the date that
is 10 years after the date on which such pilot program commences.
(5) IMPLEMENTATION PLAN.—Not later than one year after
the date of the enactment of this Act, the Secretary of Defense
shall submit to the Committees on Armed Services of the House
of Representatives and the Senate a plan for the implementation of this section.
(6) REPORTS.—
(A) IN GENERAL.—Not later than each of one year and
five years after the commencement of the pilot program
under paragraph (1), the Secretary of Defense shall submit
to the Committees on Armed Services of the House of
Representative and the Senate a report on the pilot program.
(B) ELEMENTS.—Each report under subparagraph (A)
shall include, with respect to the pilot program under subsection (1), the following:
(i) The number of students receiving scholarships
under the pilot program.
(ii) The institutions of higher education at which
such students are enrolled.
(iii) The total amount of financial assistance
expended under the pilot program per academic year.

H. R. 7776—279
(iv) The average scholarship amount per student
under the pilot program.
(v) The number of students hired as covered behavioral health providers pursuant to the pilot program.
(vi) Any recommendations for terminating the pilot
program, extending the pilot program, or making the
pilot program permanent.
(c) REPORT ON BEHAVIORAL HEALTH WORKFORCE.—
(1) REPORT.—Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall conduct an analysis of the behavioral health workforce under the
direct care component of the military health system and submit
to the Committees on Armed Services of the House of Representatives and the Senate a report containing the results
of such analysis. Such report shall include, with respect to
such workforce, the following:
(A) The number of positions authorized for military
behavioral health providers within such workforce, and
the number of such positions filled, disaggregated by the
professions described in paragraph (2).
(B) The number of positions authorized for civilian
behavioral health providers within such workforce, and
the number of such positions filled, disaggregated by the
professions described in paragraph (2).
(C) For each military department, the ratio of military
behavioral health providers assigned to military medical
treatment facilities compared to civilian behavioral health
providers so assigned, disaggregated by the professions
described in paragraph (2).
(D) For each military department, the number of military behavioral health providers authorized to be embedded
within an operational unit, and the number of such positions filled, disaggregated by the professions described in
paragraph (2).
(E) Data on the historical demand for behavioral health
services by members of the Armed Forces.
(F) An estimate of the number of health care providers
necessary to meet the demand by such members for behavioral health care services under the direct care component
of the military health system, disaggregated by provider
type.
(G) An identification of any shortfall between the estimated number under subparagraph (F) and the total
number of positions for behavioral health providers filled
within such workforce.
(H) Such other information as the Secretary may determine appropriate.
(2) PROVIDER TYPES.—The professions described in this
paragraph are as follows:
(A) Clinical psychologists.
(B) Social workers.
(C) Counselors.
(D) Such other professions as the Secretary may determine appropriate.
(3) BEHAVIORAL HEALTH WORKFORCE AT REMOTE LOCATIONS.—In conducting the analysis of the behavioral health
workforce under paragraph (1), the Secretary of Defense shall

H. R. 7776—280
ensure such behavioral health workforce at remote locations
(including Guam and Hawaii) and any shortfalls thereof, is
taken into account.
(d) PLAN TO ADDRESS SHORTFALLS IN BEHAVIORAL HEALTH
WORKFORCE.—Not later than one year after the date on which
the report under subsection (c) is submitted, the Secretary of
Defense shall submit to the Committees on Armed Services of
the House of Representatives and the Senate a plan to address
any shortfall of the behavioral health workforce identified under
paragraph (1)(G) of such subsection. Such plan shall address the
following:
(1) With respect to any such shortfall of military behavioral
health providers (addressed separately with respect to such
providers assigned to military medical treatment facilities and
such providers assigned to be embedded within operational
units), the recruitment, accession, retention, special pay and
other aspects of compensation, workload, role of the Uniformed
Services University of the Health Sciences and the Armed
Forces Health Professions Scholarship Program under chapter
105 of title 10, United States Code, any additional authorities
or resources necessary for the Secretary to increase the number
of such providers, and such other considerations as the Secretary may consider appropriate.
(2) With respect to addressing any such shortfall of civilian
behavioral health providers, the recruitment, hiring, retention,
pay and benefits, workload, educational scholarship programs,
any additional authorities or resources necessary for the Secretary to increase the number of such providers, and such
other considerations as the Secretary may consider appropriate.
(3) A recommendation as to whether the number of military
behavioral health providers in each military department should
be increased, and if so, by how many.
(4) A plan to ensure that remote installations are prioritized
for the assignment of military behavioral health providers.
(5) Updated access standards for behavioral health care
under the military health system, taking into account—
(A) the duration of time between a patient receiving
a referral for such care and the patient receiving individualized treatment (following an initial intake assessment) from
a behavioral health provider; and
(B) the frequency of regular follow-up appointments
subsequent to the first appointment at which a patient
receives such individualized treatment.
(6) A plan to expand access to behavioral health care under
the military health system using telehealth.
(e) DEFINITIONS.—In this section:
(1) The term ‘‘behavioral health’’ includes psychiatry, clinical psychology, social work, counseling, and related fields.
(2) The term ‘‘civilian behavioral health provider’’ means
a behavioral health provider who is a civilian employee of
the Department of Defense.
(3) The term ‘‘counselor’’ means an individual who holds—
(A) a master’s or doctoral degree from an accredited
graduate program in—
(i) marriage and family therapy; or
(ii) clinical mental health counseling; and

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(B) a current license or certification from a State that
grants the individual the authority to provide counseling
services as an independent practitioner in the respective
field of the individual.
(4) The term ‘‘covered civilian behavioral health provider’’
means a civilian behavioral health provider whose employment
by the Secretary of Defense involves the provision of behavioral
health services at a military medical treatment facility.
(5) The term ‘‘institution of higher education’’ has the
meaning given that term in section 101 of the Higher Education
Act of 1965 (20 U.S.C. 1001).
(6) The term ‘‘military behavioral health provider’’ means
a behavioral health provider who is a member of the Armed
Forces.
(7) The term ‘‘military installation’’ has the meaning given
that term in section 2801 of title 10, United States Code.
(8) The term ‘‘military medical treatment facility’’ means
a facility specified in section 1073d of such title.
(9) The term ‘‘remote installation’’ means a military
installation that the Secretary determines to be in a remote
location.
(10) The term ‘‘State’’ means each of the several States,
the District of Columbia, and each commonwealth, territory
or possession of the United States.
SEC. 738. CERTIFICATION PROGRAM IN PROVISION OF MENTAL
HEALTH SERVICES TO MEMBERS OF THE ARMED FORCES
AND MILITARY FAMILIES.

(a) IN GENERAL.—The Secretary of Defense, in consultation
with the President of the Uniformed Services University of the
Health Sciences, shall develop a curriculum and certification program to provide civilian mental health professionals and students
in mental health-related disciplines with the specialized knowledge
and skills necessary to address the unique mental health needs
of members of the Armed Forces and military families.
(b) IMPLEMENTATION.—Not later than 90 days after completing
the development of the curriculum and certification program under
subsection (a), the Secretary of Defense shall implement such curriculum and certification program in the Uniformed Services
University of the Health Sciences.
(c) AUTHORITY TO DISSEMINATE BEST PRACTICES.—The Secretary of Defense may disseminate best practices based on the
curriculum and certification program developed and implemented
under this section to other institutions of higher education, as
such term is defined in section 102 of the Higher Education Act
of 1965 (20 U.S.C. 1002).
(d) TERMINATION.—The authority to carry out the curriculum
and certification program under this section shall terminate on
the date that is five years after the date of the enactment of
this Act.
(e) BRIEFING.—Not later than 180 days after the termination
date specified in subsection (d), the Secretary of Defense shall
provide to the Committees on Armed Services of the House of
Representatives and the Senate a briefing on the results of the
curriculum and certification program developed and implemented
under this section.

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SEC. 739. STANDARDIZATION OF POLICIES RELATING TO SERVICE IN
ARMED FORCES BY INDIVIDUALS DIAGNOSED WITH HBV.

(a) IN GENERAL.—Not later than one year after the date of
the enactment of this Act, the Secretary of Defense, in coordination
with the Secretaries concerned, shall—
(1) review regulations, establish policies, and issue guidance relating to service in the Armed Forces by individuals
diagnosed with HBV, consistent with the health care standards
and clinical guidelines of the Department of Defense; and
(2) identify areas where the regulations, policies, and guidance of the Department relating to individuals diagnosed with
HBV (including with respect to enlistments, assignments,
deployments, and retention standards) may be standardized
across the Armed Forces.
(b) DEFINITIONS.—In this section:
(1) The term ‘‘HBV’’ means the Hepatitis B Virus.
(2) The term ‘‘Secretary concerned’’ has the meaning given
that term in section 101 of title 10, United States Code.
SEC. 740. SUICIDE CLUSTER: STANDARDIZED DEFINITION FOR USE
BY
DEPARTMENT
OF
DEFENSE;
CONGRESSIONAL
NOTIFICATION.

(a) STANDARDIZATION OF DEFINITION.—Not later than one year
after the date of the enactment of this Act, the Secretary of Defense,
in consultation with the Secretaries concerned, shall develop, for
use across the Armed Forces, a standardized definition for the
term ‘‘suicide cluster’’.
(b) NOTIFICATION REQUIRED.—Beginning not later than one
year after the date of the enactment of this Act, whenever the
Secretary determines the occurrence of a suicide cluster (as that
term is defined pursuant to subsection (a)) among members of
the Armed Forces, the Secretary shall submit to the Committees
on Armed Services of the House of Representatives and the Senate
a notification of such determination.
(c) BRIEFING.—Not later than April 1, 2023, the Secretary of
Defense shall provide to the Committees on Armed Services of
the House of Representatives and the Senate a briefing on the
following:
(1) The methodology being used in the development of
the definition under subsection (a).
(2) The progress made towards the development of the
process for submitting required notifications under subsection
(b).
(3) An estimated timeline for the implementation of this
section.
(d) COORDINATION REQUIRED.—In developing the definition
under subsection (a) and the process for submitting required
notifications under subsection (b), the Secretary of Defense shall
coordinate with the Secretaries concerned.
(e) SECRETARY CONCERNED DEFINED.—In this section, the term
‘‘Secretary concerned’’ has the meaning given that term in section
101 of title 10, United States Codes.
SEC. 741. LIMITATION ON REDUCTION OF MILITARY MEDICAL MANNING END STRENGTH: CERTIFICATION REQUIREMENT
AND OTHER REFORMS.

(a) LIMITATION.—

H. R. 7776—283
(1) IN GENERAL.—Except as provided in paragraph (2), and
in addition to the limitation under section 719 of the National
Defense Authorization Act for Fiscal Year 2020 (Public Law
116–92; 133 Stat. 1454), as most recently amended by section
731 of the National Defense Authorization Act for Fiscal Year
2022 (Public Law 117–81; 135 Stat. 1795), during the fiveyear period beginning on the date of the enactment of this
Act, neither the Secretary of Defense nor a Secretary concerned
may reduce military medical end strength authorizations, and
following such period, neither may reduce such authorizations
unless the Secretary of Defense issues a waiver pursuant to
paragraph (6).
(2) EXCEPTION.—The limitation under paragraph (1) shall
not apply with respect to the following:
(A) Administrative billets of a military department that
have remained unfilled since at least October 1, 2018.
(B) Billets identified as non-clinical in the budget of
the President for fiscal year 2020 submitted to Congress
pursuant to section 1105(a) of title 31, United States Code,
except that the number of such billets may not exceed
1,700.
(C) Medical headquarters billets of the military departments not assigned to, or providing direct support to, operational commands.
(3) REPORT ON COMPOSITION OF MILITARY MEDICAL
WORKFORCE REQUIREMENTS.—The Secretary of Defense, in
coordination with the Secretaries of the military departments,
shall conduct an assessment of current military medical manning requirements (taking into consideration factors including
future operational planning, training, and beneficiary
healthcare) and submit to the Committees on Armed Services
of the House of Representatives and the Senate a report containing the findings of such assessment. Such assessment shall
be informed by the following:
(A) The National Defense Strategy submitted under
section 113(g) of title 10, United States Code.
(B) The National Military Strategy prepared under
section 153(b) of such title.
(C) The campaign plans of the combatant commands.
(D) Theater strategies.
(E) The joint medical estimate under section 732 of
the John S. McCain National Defense Authorization Act
for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 1817).
(F) The plan of the Department of Defense on
integrated medical operations, as updated pursuant to
paragraph (1) of section 724(a) of the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117–
81; 135 Stat. 1793; 10 U.S.C. 1096 note).
(G) The plan of the Department of Defense on global
patient movement, as updated pursuant to paragraph (2)
of such section 724(a).
(H) The biosurveillance program of the Department
of Defense established pursuant to Department of Defense
Directive 6420.02 (relating to biosurveillance).
(I) Requirements for graduate medical education.
(J) The report of the COVID–19 Military Health
System Review Panel under section 731 of the William

H. R. 7776—284
M. (Mac) Thornberry National Defense Authorization Act
for Fiscal Year 2021 (Public Law 116–283; 134 Stat. 3698).
(K) The report of the Inspector General of the Department of Defense titled ‘‘Evaluation of Department of
Defense Military Medical Treatment Facility Challenges
During the Coronavirus Disease-2019 (COVID-19) Pandemic in Fiscal Year 2021 (DODIG-2022-081)’’ and published on April 5, 2022.
(L) Reports of the Comptroller General of the United
States relating to military health system reforms undertaken on or after January, 1, 2017, including any such
reports relating to military medical manning and force
composition mix.
(M) Such other reports as may be determined appropriate by the Secretary of Defense.
(4) CERTIFICATION.—The Secretary of Defense shall submit
to the Committees on Armed Services of the House of Representatives and the Senate a certification containing the following:
(A) A certification of the completion of a comprehensive
review of military medical manning, including with respect
to the medical corps (or other health- or medical-related
component of a military department), designator, profession, occupation, and rating of medical personnel.
(B) A justification for any proposed increase, realignment, reduction, or other change to the specialty or occupational composition of military medical end strength
authorizations, which may include compliance with a
requirement or recommendation set forth in a strategy,
plan, or other matter specified in paragraph (3).
(C) A certification that, in the case that any change
to such specialty or occupational composition is required,
a vacancy resulting from such change may not be filled
with a position other than a health- or medical-related
position until such time as there are no military medical
billets remaining to fill the vacancy.
(D) A risk analysis associated with the potential
realignment or reduction of any military medical end
strength authorizations.
(E) An identification of any plans of the Department
to backfill military medical personnel positions with civilian
personnel.
(F) A plan to address persistent vacancies for civilian
personnel in health- or medical-related positions, and a
risk analysis associated with the hiring, onboarding, and
retention of such civilian personnel, taking into account
provider shortfalls across the United States.
(G) A comprehensive plan to mitigate any risk identified pursuant to subparagraph (D) or (F), including with
respect to funding necessary for such mitigation across
fiscal years.
(5) PROCESS REQUIRED.—The Secretaries of the military
departments, in coordination with the Secretary of Defense
and the Chairman of the Joint Chiefs of Staff, shall develop
and submit to the Committees on Armed Services of the House
of Representatives and the Senate a process for the authorization of proposed modifications to the composition of the medical

H. R. 7776—285
manning force mix across the military departments while
maintaining compliance with the limitation under paragraph
(1). Such process shall—
(A) take into consideration the funding required for
any such proposed modification; and
(B) include distinct processes for proposed increases
and proposed decreases, respectively, to the medical manning force mix of each military department.
(6) WAIVER.—
(A) IN GENERAL.—Following the conclusion of the fiveyear period specified in paragraph (1), the Secretary of
Defense may waive the prohibition under such subsection
if—
(i) the report requirement under paragraph (3),
the certification requirement under paragraph (4), and
the process requirement under paragraph (5) have been
completed;
(ii) the Secretary determines that the waiver is
necessary and in the interests of the national security
of the United States; and
(iii) the waiver is issued in writing.
(B) NOTIFICATION TO CONGRESS.—Not later than five
days after issuing a waiver under subparagraph (A), the
Secretary of Defense shall submit to the Committees on
Armed Services of the House of Representatives and the
Senate a notification of the waiver (including the text of
the waiver and a justification for the waiver) and provide
to such committees a briefing on the components of the
waiver.
(b) TEMPORARY SUSPENSION OF IMPLEMENTATION OF PLAN FOR
RESTRUCTURE OR REALIGNMENT OF MILITARY MEDICAL TREATMENT
FACILITIES.—The Secretary of Defense may not implement the plan
under section 703(d)(1) of the National Defense Authorization Act
for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2199) until
the later of the following:
(1) The date that is one year after the date of the enactment
of this Act.
(2) The date on which the Secretary of Defense completes
the following:
(A) A risk analysis for each military medical treatment
facility to be realigned, restructured, or otherwise affected
under the implementation plan under such section
703(d)(1), including an assessment of the capacity of the
TRICARE network of providers in the area of such military
medical treatment facility to provide care to the TRICARE
Prime beneficiaries that would otherwise be assigned to
such military medical treatment facility.
(B) An identification of the process by which the assessment conducted under subsection (a)(3) and the certification
required under subsection (a)(4) shall be linked to any
restructuring or realignment of military medical treatment
facilities.
(c) BRIEFINGS; FINAL REPORT.—
(1) INITIAL BRIEFING.—Not later than April 1, 2023, the
Secretary of Defense shall provide to the Committees on Armed
Services of the House of Representatives and the Senate a
briefing on—

H. R. 7776—286
(A) the method by which the Secretary plans to meet
the report requirement under subsection (a)(3), the certification requirement under subsection (a)(4), and the process
requirement under subsection (a)(5); and
(B) the matters specified in subparagraphs (A) and
(B) of subsection (b)(2).
(2) BRIEFING ON PROGRESS.—Not later than two years after
the date of the enactment of this Act, the Secretary of Defense
shall provide to the Committees on Armed Services of the
House of Representatives and the Senate a briefing on the
progress made towards completion of the requirements specified
in paragraph (1)(A).
(3) FINAL BRIEFING.—Not later than three years after the
date of the enactment of this Act, the Secretary of Defense
shall provide to the Committees on Armed Services of the
House of Representatives and the Senate a final briefing on
the completion of such requirements.
(4) FINAL REPORT.—Not later than three years after the
date of the enactment of this Act, the Secretary of Defense
shall submit to the Committees on Armed Services of the House
of Representatives and the Senate a final report on the completion of such requirements. Such final report shall be in addition
to the report, certification, and process submitted under paragraphs (3), (4), and (5) of subsection (a), respectively.
(d) DEFINITIONS.—In this section:
(1) The term ‘‘medical personnel’’ has the meaning given
such term in section 115a(e) of title 10, United States Code.
(2) The term ‘‘Secretary concerned’’ has the meaning given
that term in section 101(a) of such title.
(3) The term ‘‘theater strategy’’ means an overarching construct outlining the vision of a combatant commander for the
integration and synchronization of military activities and operations with other national power instruments to achieve the
strategic objectives of the United States.
SEC. 742. FEASIBILITY STUDY ON ESTABLISHMENT OF DEPARTMENT
OF DEFENSE INTERNSHIP PROGRAMS RELATING TO
CIVILIAN BEHAVIORAL HEALTH PROVIDERS.

(a) FEASIBILITY STUDY.—The Secretary of Defense shall conduct
a study on the feasibility of establishing paid pre-doctoral and
post-doctoral internship programs for the purpose of training clinical
psychologists to work as covered civilian behavioral health providers.
(b) ELEMENTS.—The feasibility study under subsection (a) shall
assess, with respect to the potential internship programs specified
in such subsection, the following:
(1) A model under which, as a condition of participating
in such an internship program, the participant would enter
into an agreement with the Secretary under which the participant agrees to work on a full-time basis as a covered civilian
behavioral health provider for a period of a duration that is
at least equivalent to the period of participation in such internship program.
(2) Methods by which the Secretary may address scenarios
in which an individual who participates in such an internship
program does not complete the employment obligation required
under the agreement referred to in paragraph (1), including

H. R. 7776—287
by requiring the individual to repay to the Secretary a prorated
portion of the cost of administering such program (to be determined by the Secretary) with respect to such individual and
of any payment received by the individual under such program.
(3) The methods by which the Secretary may adjust the
workload and staffing of behavioral health providers in military
medical treatment facilities to ensure sufficient capacity to
supervise participants in such internship programs.
(c) REPORT.—Not later than one year after the date of the
enactment of this Act, the Secretary shall submit to the Committees
on Armed Services of the House of Representatives and the Senate
a report containing the findings of the feasibility study under subsection (a).
(d) DEFINITIONS.—In this section:
(1) The term ‘‘behavioral health’’ includes psychiatry, clinical psychology, social work, counseling, and related fields.
(2) The term ‘‘behavioral health provider’’ includes the following:
(A) A licensed professional counselor.
(B) A licensed mental health counselor.
(C) A licensed clinical professional counselor.
(D) A licensed professional clinical counselor of mental
health.
(E) A licensed clinical mental health counselor.
(F) A licensed mental health practitioner.
(3) The term ‘‘covered civilian behavioral health provider’’
means a civilian behavioral health provider whose employment
by the Secretary of Defense involves the provision of behavioral
health services at a military medical treatment facility.
(4) The term ‘‘civilian behavioral health provider’’ means
a behavioral health provider who is a civilian employee of
the Department of Defense.
(5) The term ‘‘military medical treatment facility’’ means
a facility specified in section 1073d of title 10, United States
Code.
SEC. 743. UPDATES TO PRIOR FEASIBILITY STUDIES ON ESTABLISHMENT OF NEW COMMAND ON DEFENSE HEALTH.

(a) UPDATES.—The Secretary of Defense shall update prior
studies regarding the feasibility of establishing a new defense health
command under which the Defense Health Agency would be a
joint component. In conducting such updates, the Secretary shall
consider for such new command each of the following potential
structures:
(1) A unified combatant command.
(2) A specified combatant command.
(3) Any other command structure the Secretary determines
is appropriate for consideration.
(b) MATTERS.—The updates under subsection (a) shall include,
with respect to the new command specified in such subsection,
the following:
(1) An assessment of the potential organizational structure
of the new command sufficient for the new command to carry
out the responsibilities described in subsection (c), including
a description of the following:
(A) The potential reporting relationship between the
commander of the new command, the Assistant Secretary

H. R. 7776—288
of Defense for Health Affairs, and the Under Secretary
of Defense for Personnel and Readiness.
(B) The potential relationship of the new command
to the military departments, the combatant commands,
and the Joint Staff.
(C) The potential responsibilities of the commander
of the new command and how such responsibilities would
differ from the responsibilities of the Director of the
Defense Health Agency.
(D) The potential chain of command between such commander and the Secretary of Defense.
(E) The potential roles of the Surgeons General of
the Army, Navy, and Air Force, with respect to such commander.
(F) Any organizations that support the Defense Health
Agency, such as the medical departments and medical logistics organizations of each military department.
(G) The potential organizational structure of the new
command, including any subordinate commands.
(H) The geographic location, or multiple such locations,
of the headquarters of the new command and any subordinate commands.
(I) How the Defense Health Agency currently serves
as a provider of optimally trained and clinically proficient
health care professionals to support combatant commands.
(J) How the new command may further serve as a
provider of optimally trained and clinically proficient health
care professionals to support combatant commands.
(2) An assessment of any additional funding necessary
to establish the new command.
(3) An assessment of any additional legislative authorities
necessary to establish the new command, including with respect
to the executive leadership and direction of the new command.
(4) An assessment of the required resourcing of the executive leadership of the new command.
(5) If the Secretary makes the determination to establish
the new command, a timeline for such establishment.
(6) If the Secretary defers such determination pending further implementation of other organizational reforms to the
military health system, a timeline for such future determination.
(7) Such other matters relating to the establishment, operations, or activities of the new command as the Secretary
may determine appropriate.
(c)
RESPONSIBILITIES
DESCRIBED.—The
responsibilities
described in this subsection are as follows:
(1) The conduct of health operations among operational
units of the Armed Forces.
(2) The administration of military medical treatment facilities.
(3) The administration of the TRICARE program.
(4) Serving as the element of the Armed Forces with the
primary responsibility for the following:
(A) Medical treatment, advanced trauma management,
emergency surgery, and resuscitative care.
(B) Emergency and specialty surgery, intensive care,
medical specialty care, and related services.

H. R. 7776—289
(C) Preventive, acute, restorative, curative, rehabilitative, and convalescent care.
(5) Collaboration with medical facilities participating in
the National Disaster Medical System established pursuant
to section 2812 of the Public Health Service Act (42 U.S.C.
300hh–11), the Veterans Health Administration, and such other
Federal departments and agencies and nongovermental
organizations as may be determined appropriate by the Secretary, including with respect to the care services specified
in paragraph (4)(C).
(6) The conduct of existing research and education activities
of the Department of Defense in the field of health sciences.
(7) The conduct of public health and global health activities
not otherwise assigned to the Armed Forces.
(8) The administration of the Defense Health Program
Account under section 1100 of title 10, United States Code.
(d) INTERIM BRIEFING.—Not later than 180 days after the date
of the enactment of this Act, the Secretary of Defense shall provide
to the Committees on Armed Services of the House of Representatives and the Senate a briefing on the method by which the Secretary intends to update prior studies as required pursuant to
subsection (a).
(e) FINAL BRIEFING; REPORT.—Not later than one year after
the date of the enactment of this Act, the Secretary of Defense
shall—
(1) provide to the Committees on Armed Services of the
House of Representatives and the Senate a final briefing on
the implementation of this section; and
(2) submit to the Committees on Armed Services of the
House of Representatives and the Senate a report containing
the updates to prior studies required pursuant to subsection
(a), including each of the elements specified in subsection (b).
SEC. 744. CAPABILITY ASSESSMENT AND ACTION PLAN WITH RESPECT
TO EFFECTS OF EXPOSURE TO OPEN BURN PITS AND
OTHER ENVIRONMENTAL HAZARDS.

(a) IN GENERAL.—Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall—
(1) conduct a capability assessment of potential improvements to activities of the Department of Defense to reduce
the effects of environmental exposures with respect to members
of the Armed Forces; and
(2) develop an action plan to implement such improvements
assessed under paragraph (1) as the Secretary considers appropriate.
(b) ELEMENTS.—The capability assessment required by subsection (a)(1) shall include the following elements:
(1) With respect to the conduct of periodic health assessments, the following:
(A) An assessment of the feasibility and advisability
of adding additional screening questions relating to
environmental and occupational exposures to current
health assessments of members of the Armed Forces conducted by the Secretary of Defense, including pre- and
post-deployment assessments and pre-separation assessments.

H. R. 7776—290
(B) An assessment of the potential value and feasibility
of regularly requiring spirometry or other pulmonary function testing pre- and post-deployment for all members,
or selected members, of the Armed Forces.
(2) With respect to the conduct of outreach and education,
the following:
(A) An evaluation of clinician training on the health
effects of airborne hazards and how to document exposure
information in health records maintained by the Department of Defense and the Department of Veterans Affairs.
(B) An assessment of the adequacy of current actions
by the Secretary of Defense and the Secretary of Veterans
Affairs to increase awareness among members of the Armed
Forces and veterans of the purposes and uses of the Airborne Hazards and Open Burn Pit Registry and the effect
of a potential requirement that individuals meeting
applicable criteria be automatically enrolled in the registry
unless such individuals opt out of enrollment.
(C) An assessment of operational plans for deployment
with respect to the adequacy of educational activities for,
and evaluations of, performance of command authorities,
medical personnel, and members of the Armed Forces on
deployment on anticipated environmental exposures and
potential means to minimize and mitigate any adverse
health effects of such exposures, including through the
use of monitoring, personal protective equipment, and medical responses.
(D) An evaluation of potential means to improve the
education of health care providers of the Department of
Defense with respect to the diagnosis and treatment of
health conditions associated with environmental exposures.
(3) With respect to the monitoring of exposure during
deployment operations, the following:
(A) An evaluation of potential means to strengthen
tactics, techniques, and procedures used in deployment
operations to document—
(i) specific locations where members of the Armed
Forces served;
(ii) environmental exposures in such locations; and
(iii) any munitions involved during such service
in such locations.
(B) An assessment of potential improvements in the
acquisition and use of wearable monitoring technology and
remote sensing capabilities to record environmental exposures by geographic location.
(C) An analysis of the potential value and feasibility
of maintaining a repository of frozen soil samples from
each deployment location to be later tested as needed when
concerns relating to environmental exposures are identified.
(4) With respect to the use of the Individual Longitudinal
Exposure Record, the following:
(A) An assessment of feasibility and advisability of
recording individual clinical diagnosis and treatment
information in the Individual Longitudinal Exposure
Record to be integrated with exposure data.
(B) An evaluation of—

H. R. 7776—291
(i) the progress toward making the Individual
Longitudinal Exposure Record operationally capable
and accessible to members of the Armed Forces and
veterans by 2023; and
(ii) the integration of data from the Individual
Longitudinal Exposure Record with the electronic
health records of the Department of Defense and the
Department of Veterans Affairs.
(C) An assessment of the feasibility and advisability
of making such data accessible to the surviving family
members of members of the Armed Forces and veterans.
(5) With respect to the conduct of research, the following:
(A) An assessment of the potential use of the Airborne
Hazards and Open Burn Pit Registry for research on monitoring and identifying the health consequences of exposure
to open burn pits.
(B) An analysis of options for increasing the amount
and the relevance of additional research into the health
effects of open burn pits and effective treatments for such
health effects.
(C) An evaluation of potential research of biomarker
monitoring to document environmental exposures during
deployment or throughout the military career of a member
of the Armed Forces.
(D) An analysis of potential organizational strengthening with respect to the management of research on
environmental exposure hazards, including the establishment of a joint program executive office for such management.
(E) An assessment of the findings and recommendations of the 2020 report by the National Academies of
Science, Engineering, and Medicine titled ‘‘Respiratory
Health Effects of Airborne Hazards Exposures in the Southwest Asia Theater of Military Operations’’.
(6) An evaluation of such other matters as the Secretary
of Defense determines appropriate to ensure a comprehensive
review of activities relating to the effects of exposure to open
burn pits and other environmental hazards.
(c) SUBMISSION OF PLAN AND BRIEFING.—Not later than 240
days after the date of the enactment of this Act, the Secretary
of Defense shall—
(1) submit to the Committees on Armed Services of the
House of Representatives and the Senate the action plan
required by subsection (a)(2); and
(2) provide to such committees a briefing on the results
of the capability assessment required by subsection (a)(1).
(d) DEFINITIONS.—In this section:
(1) The term ‘‘Airborne Hazards and Open Burn Pit Registry’’ means the registry established under section 201 of the
Dignified Burial and Other Veterans’ Benefits Improvement
Act of 2012 (Public Law 112–260; 38 U.S.C. 527 note).
(2) The term ‘‘environmental exposure’’ means an exposure
to an open burn pit or other environmental hazard, as determined by the Secretary of Defense.

H. R. 7776—292
(3) The term ‘‘open burn pit’’ has the meaning given that
term in section 201(c) of the Dignified Burial and Other Veterans’ Benefits Improvement Act of 2012 (Public Law 112–
260; 38 U.S.C. 527 note).
SEC. 745. KYLE MULLEN NAVY SEAL MEDICAL TRAINING REVIEW.

(a) REVIEW.—The Inspector General of the Department of
Defense shall conduct a comprehensive review of the medical
training for health care professionals furnishing medical care to
individuals undergoing Navy Sea, Air, and Land (SEAL) training,
the quality assurance mechanisms in place with respect to such
care, and the efforts to mitigate health stress of individuals undergoing such training.
(b) ELEMENTS.—The review under subsection (a) shall include
the following elements:
(1) A review of the policies for improved medical care
of individuals undergoing Navy SEAL training and quality
assurance with respect to such care.
(2) A review of sleep deprivation practices implemented
with respect to Navy SEAL training, including an identification
of when such practices were initially implemented and how
frequently such practices are updated.
(3) An assessment of the policies and rules relating to
the use of performance enhancing drugs by individuals undergoing Navy SEAL training.
(4) An assessment of the oversight of health care professionals (including enlisted and officer medical personnel,
civilian employees of the Department of Defense, and contractors of the Department) with respect to the provision by such
professionals of health care services to individuals undergoing
Navy SEAL training.
(5) A review and assessment of deaths, occurring during
the twenty-year period preceding the date of the review, of
individuals who were undergoing Navy SEAL training at the
time of death.
(6) A review of ongoing efforts and initiatives to ensure
the safety of individuals undergoing Navy SEAL training and
to prevent the occurrence of long-term injury, illness, and death
among such individuals.
(7) An assessment of the role of nutrition in Navy SEAL
training.
(c) INTERIM BRIEFING.—Not later than March 1, 2023, the
Inspector General of the Department of Defense shall provide to
the Committees on Armed Services of the House of Representatives
and the Senate a briefing on how the Inspector General plans
to conduct the review under subsection (a), including with respect
to each element specified in subsection (b).
(d) FINAL REPORT.—Not later than one year after the date
of the enactment of this Act, the Inspector General of the Department of Defense shall submit to the Committees on Armed Services
of the House of Representatives and the Senate a final report
on the completion of the review under subsection (a), including
recommendations of the Inspector General developed as a result
of such review.

H. R. 7776—293
SEC. 746. REPORTS ON COMPOSITION OF MEDICAL PERSONNEL OF
EACH MILITARY DEPARTMENT AND RELATED MATTERS.

(a) REPORTS.—Not later than 180 days after the date of the
enactment of this Act, and annually thereafter for three years,
the Secretary of Defense, in coordination with the Secretaries of
the military departments, shall submit to the Committees on Armed
Services of the House of Representatives and the Senate a report
on the composition of the medical personnel of each military department and related matters.
(b) ELEMENTS.—Each report under subsection (a) shall include
the following:
(1) With respect to each military department, the following:
(A) An identification of the number of medical personnel of the military department who are officers in a
grade above O–6.
(B) An identification of the number of such medical
personnel who are officers in a grade below O–7.
(C) A description of any plans of the Secretary to—
(i) reduce the total number of such medical personnel; or
(ii) eliminate any covered position for such medical
personnel.
(D) A recommendation by the Secretary for the number
of covered positions for such medical personnel that should
be required for purposes of maximizing medical readiness
(without regard to current statutory limitations, or potential future statutory limitations, on such number), presented as a total number for each military department
and disaggregated by grade.
(2) An assessment of the grade for the position of the
Medical Officer of the Marine Corps, including—
(A) a comparison of the effects of filling such position
with an officer in the grade of O–6 versus an officer in
the grade of O–7;
(B) an assessment of potential issues associated with
the elimination of such position; and
(C) a description of any potential effects of such elimination with respect to medical readiness.
(3) An assessment of all covered positions for medical personnel of the military departments, including the following:
(A) The total number of authorizations for such covered
positions, disaggregated by—
(i) whether the authorization is for a position in
a reserve component; and
(ii) whether the position so authorized is filled
or vacant.
(B) A description of any medical- or health-related
specialty requirements for such covered positions.
(C) For each such covered position, an identification
of the title and geographic location of, and a summary
of the responsibility description for, the position.
(D) For each such covered position, an identification
of the span of control of the position, including with respect
to the highest grade at which each such position has been
filled.
(E) An identification of any downgrading, upgrading,
or other changes to such covered positions occurring during

H. R. 7776—294
the 10-year period preceding the date of the report, and
an assessment of whether any such changes have resulted
in the transfer of responsibilities previously assigned to
such a covered position to—
(i) a position in the Senior Executive Service or
another executive personnel position; or
(ii) a position other than a covered position.
(F) A description of any officers in a grade above O–
6 assigned to the Defense Health Agency, the Office of
the Assistant Secretary of Defense for Health Affairs, the
Joint Staff, or any other position within the military health
system.
(G) A description of the process by which the positions
specified in subparagraph (F) are validated against military
requirements or similar billet justification processes.
(H) A side-by-side comparison demonstrating, across
the military departments, the span of control and the
responsibilities of covered positions for medical personnel
of each military department.
(c) DISAGGREGATION OF CERTAIN DATA.—The data specified in
subparagraphs (A) and (B) of subsection (b)(1) shall be presented
as a total number and disaggregated by each medical component
of the respective military department.
(d) DEFINITIONS.—In this section:
(1) The term ‘‘covered position’’ means a position for an
officer in a grade above O–6.
(2) The term ‘‘officer’’ has the meanings given that term
in section 101(b) of title 10, United States Code.
(3) The term ‘‘medical component’’ means—
(A) in the case of the Army, the Medical Corps, Dental
Corps, Nurse Corps, Medical Service Corps, Veterinary
Corps, and Army Medical Specialist Corps;
(B) in the case of the Air Force, members designated
as medical officers, dental officers, Air Force nurses, medical service officers, and biomedical science officers; and
(C) in the case of the Navy, the Medical Corps, Dental
Corps, Nurse Corps, and Medical Service Corps.
(4) The term ‘‘medical personnel’’ has the meaning given
such term in section 115a(e) of title 10, United States Code.
(5) The term ‘‘military department’’ has the meaning given
that term in section 101(a) of such title.
SEC. 747. REPORT ON EFFECTS OF LOW RECRUITMENT AND RETENTION ON OPERATIONAL TEMPO AND PHYSICAL AND
MENTAL HEALTH OF MEMBERS OF THE ARMED FORCES.

(a) REPORT.—Not later than one year after the date of the
enactment of this Act, the Secretary of Defense, in coordination
with the Secretaries of the military departments, shall submit to
the Committees on Armed Services of the House of Representatives
and the Senate a report on the effects of low recruitment and
retention on the Armed Forces.
(b) MATTERS.—The report under subsection (a) shall include
an assessment of the following:
(1) The effect of low recruitment on the tempo for operational units during the previous five years, including with
respect to deployed units and units in pre-deployment training.

H. R. 7776—295
(2) Whether the rate of operational tempo during the pervious five years has affected the retention of members of the
Armed Forces, including with respect to deployed units and
units in pre-deployment training.
(3) How the rate of operational tempo during the previous
five years has affected the number of mental health visits
of members of the Armed Forces serving in such units.
(4) How the rate of operational tempo during the pervious
five years has affected the number of suicides occurring within
such units.
(5) Whether the rate of operational tempo during the pervious five years has affected the number of musculoskeletal
and related injuries incurred by members of the Armed Forces
serving in such units.
(6) The type or types of military occupational specialties
most affected by low recruitment.
(7) Lessons learned in the process of gathering data for
the report under this section.
(8) Any policy or legislative recommendations to mitigate
the effect of low recruitment on the operational tempo of the
Armed Forces.
SEC. 748. GUIDANCE FOR ADDRESSING HEALTHY RELATIONSHIPS AND
INTIMATE PARTNER VIOLENCE THROUGH TRICARE PROGRAM.

(a) GUIDANCE.—The Secretary of Defense shall disseminate
guidance on the implementation through the TRICARE program
of—
(1) education on healthy relationships and intimate partner
violence; and
(2) protocols for—
(A) the routine assessment of intimate partner violence
and sexual assault; and
(B) the promotion of, and strategies for, traumainformed care plans.
(b) BRIEFING.—Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall provide to
the Committees on Armed Services of the House of Representatives
and the Senate a briefing on the implementation of this section.
SEC. 749. BRIEFING ON SUICIDE PREVENTION REFORMS FOR MEMBERS OF THE ARMED FORCES.

(a) IN GENERAL.—Not later than March 1, 2023, the Secretary
of Defense shall provide to the Committees on Armed Services
of the Senate and the House of Representatives a briefing on
the following:
(1) The feasibility and advisability of implementing reforms
related to suicide prevention among members of the Armed
Forces as follows:
(A) Eliminating mental health history as a disqualifier
for service in the Armed Forces, including by eliminating
restrictions related to mental health history that are specific to military occupational specialties.
(B) Requiring comprehensive and in-person annual
mental health assessments of members of the Armed
Forces.
(C) Requiring behavioral health providers under the
TRICARE program, including providers contracted through

H. R. 7776—296
such program, to undergo evidence-based and suicide-specific training.
(D) Requiring leaders at all levels of the Armed Forces
to be trained on the following:
(i) Total wellness.
(ii) Suicide warning signs and risk factors.
(iii) Evidence-based, suicide-specific interventions.
(iv) Effectively communicating with medical and
behavioral health providers.
(v) Communicating with family members,
including extended family members who are not colocated with a member of the Armed Forces, on support
and access to resources for members of the Armed
Forces and the dependents thereof.
(E) Requiring mandatory referral to Warriors in
Transition programs, or other transitional programs, for
members of the Armed Forces who are eligible for such
programs.
(2) Recommendations for additional legislative actions necessary to further enhance or expand suicide prevention efforts
of the Department of Defense.
(b) DEFINITIONS.—In this section—
(1) The term ‘‘TRICARE program’’ has the meaning given
that term in section 1072 of title 10, United States Code.
(2) The term ‘‘Warriors in Transition program’’ has the
meaning given that term in section 738(e) of the National
Defense Authorization Act for Fiscal Year 2013 (Public Law
112–239; 10 U.S.C. 1071 note).

TITLE VIII—ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED MATTERS
TITLE VIII—ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND
RELATED MATTERS
Subtitle A—Acquisition Policy and Management
Sec. 801. Writing award to encourage curiosity and persistence in overcoming obstacles in acquisition.
Sec. 802. Task and delivery order contracting for architectural and engineering
services.
Sec. 803. Data requirements for commercial products for major weapon systems.
Sec. 804. Revision of authority for procedures to allow rapid acquisition and deployment of capabilities needed under specified high-priority circumstances.
Sec. 805. Treatment of certain clauses implementing Executive orders.
Sec. 806. Life cycle management and product support.
Sec. 807. Amendments to contractor employee protections from reprisal for disclosure of certain information.
Sec. 808. Use of fixed-price type contracts for certain major defense acquisition programs.
Sec. 809. Acquisition reporting system.
Subtitle B—Amendments to General Contracting Authorities, Procedures, and
Limitations
Sec. 811. Inclusion in budget justification materials of enhanced reporting on proposed cancellations and modifications to multiyear contracts.
Sec. 812. Comptroller General assessment of acquisition programs and related efforts.
Sec. 813. Extension of Defense Modernization Account authority.
Sec. 814. Clarification to fixed-price incentive contract references.

H. R. 7776—297
Sec. 815. Modification of reporting requirement in connection with requests for
multiyear procurement authority for large defense acquisitions.
Sec. 816. Modification of provision relating to determination of certain activities
with unusually hazardous risks.
Sec. 817. Modification to prohibition on operation or procurement of foreign-made
unmanned aircraft systems.
Sec. 818. Extension of pilot program to accelerate contracting and pricing processes.
Sec. 819. Extension of pilot program for distribution support and services for weapons systems contractors.
Sec. 820. Extension and modification of Never Contract with the Enemy.
Sec. 821. Repeal of requirement for Inspector General of the Department of Defense to conduct certain reviews.
Sec. 822. Modification of contracts to provide extraordinary relief due to inflation
impacts.
Subtitle C—Provisions Relating to Acquisition Workforce
Sec. 831. Key experiences and enhanced pay authority for acquisition workforce excellence.
Sec. 832. Defense Acquisition University reforms.
Sec. 833. Modifications to Defense Civilian Training Corps.
Sec. 834. Acquisition workforce incentives relating to training on, and agreements
with, certain start-up businesses.
Sec. 835. Curricula on software acquisitions and cybersecurity software or hardware acquisitions for covered individuals.
Sec. 836. Department of Defense national imperative for industrial skills program.
Subtitle D—Provisions Relating to Software and Technology
Sec. 841. Guidelines and resources on the acquisition or licensing of intellectual
property.
Sec. 842. Modification of authority of the Department of Defense to carry out certain prototype projects.
Sec. 843. Other transaction authority clarification.
Sec. 844. Prizes for advanced technology achievements.
Sec. 845. Congressional notification for pilot program to accelerate the procurement
and fielding of innovative technologies.
Sec. 846. Report on software delivery times.
Subtitle E—Industrial Base Matters
Sec. 851. Modification to the national technology and industrial base.
Sec. 852. Modification to miscellaneous limitations on the procurement of goods
other than United States goods.
Sec. 853. Requirements for the procurement of certain components for certain naval
vessels and auxiliary ships.
Sec. 854. Modifications to the procurement technical assistance program.
Sec. 855. Codification of prohibition on certain procurements from the Xinjiang
Uyghur Autonomous Region.
Sec. 856. Codification of the Department of Defense Mentor–Protege Program.
Sec. 857. Procurement requirements relating to rare earth elements and strategic
and critical materials.
Sec. 858. Analyses of certain activities for action to address sourcing and industrial
capacity.
Sec. 859. Demonstration exercise of enhanced planning for industrial mobilization
and supply chain management.
Sec. 860. Risk management for Department of Defense pharmaceutical supply
chains.
Sec. 861. Strategy for increasing competitive opportunities for certain critical technologies.
Sec. 862. Key advanced system development industry days.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

871.
872.
873.
874.
875.
876.

Subtitle F—Small Business Matters
Codification of Small Business Administration scorecard.
Modifications to the SBIR and STTR programs.
Access to data on bundled or consolidated contracts.
Small business integration working group.
Demonstration of commercial due diligence for small business programs.
Development and assessment of mission effectiveness metrics.

Subtitle G—Other Matters
Sec. 881. Technical correction to effective date of the transfer of certain title 10 acquisition provisions.

H. R. 7776—298
Sec. 882. Security clearance bridge pilot program.
Sec. 883. Existing agreement limits for Operation Warp Speed.
Sec. 884. Incorporation of controlled unclassified information guidance into program classification guides and program protection plans.

Subtitle A—Acquisition Policy and
Management
SEC. 801. WRITING AWARD TO ENCOURAGE CURIOSITY AND PERSISTENCE IN OVERCOMING OBSTACLES IN ACQUISITION.

(a) IN GENERAL.—Chapter 87 of title 10, United States Code,
is amended by inserting after section 1742 the following new section:
‘‘§ 1743. Awards to recognize members of the acquisition
workforce
‘‘(a) ESTABLISHMENT.—The President of the Defense Acquisition
University shall establish two programs to provide awards to recognize members of the acquisition workforce as follows:
‘‘(1) An award of not more than $5,000 to such members
who use an iterative writing process to document a first-hand
account of using independent judgment to overcome an obstacle
the member faced while working within the defense acquisition
system (as defined in section 3001 of this title).
‘‘(2) An award of not more than $5,000 to such members
who make the best use of the flexibilities and authorities
granted by the Federal Acquisition Regulation and Department
of Defense Instruction 5000.02 (Operation of the Defense
Acquisition System).
‘‘(b) NUMBER OF AWARDS.—
‘‘(1) IN GENERAL.—The President of the Defense Acquisition
University may make not more than five awards under subsection (a)(1) and one award under subsection (a)(2) each year.
‘‘(2) LIMITATION.—A member of the acquisition workforce
may receive one award each year.
‘‘(c) REQUIREMENTS FOR WRITING AWARD.—
‘‘(1) SUBMISSION REQUIRED.—A member of the acquisition
workforce desiring an award under subsection (a)(1) shall
submit to the President of the Defense Acquisition University
the first-hand account described in such subsection. Such firsthand account shall demonstrate—
‘‘(A) an original and engaging idea documenting the
use of independent judgment to overcome an obstacle the
recipient faced while working within the defense acquisition
system; and
‘‘(B) the use of an iterative writing process, including
evidence of—
‘‘(i) critical thinking;
‘‘(ii) incorporation of feedback from diverse perspectives; and
‘‘(iii) editing to achieve plain writing (as defined
in section 3 of the Plain Writing Act of 2010 (5 U.S.C.
301 note)).
‘‘(2) WEBSITE.—The President of the Defense Acquisition
University shall establish and maintain a website to serve
as a repository for submissions made under paragraph (1).
Such website shall allow for public comments and discussion.

H. R. 7776—299
‘‘(d) REQUIREMENTS FOR FLEXIBILITY AWARD.—A member of
the acquisition workforce desiring an award under subsection (a)(2)
shall submit to the President of the Defense Acquisition University
documentation that such member uses approaches to program
management that emphasize innovation and local adaptation,
including the use of—
‘‘(1) simplified acquisition procedures;
‘‘(2) inherent flexibilities within the Federal Acquisition
Regulation;
‘‘(3) commercial contracting approaches;
‘‘(4) public-private partnership agreements and practices;
‘‘(5) cost-sharing arrangements;
‘‘(6) innovative contractor incentive practices; or
‘‘(7) other innovative implementations of acquisition flexibilities.
‘‘(e) FUNDING.—The Secretary of Defense shall use funds from
the Defense Acquisition Workforce Development Account to carry
out this section.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by inserting after section 1742
the following new item:
‘‘1743. Awards to recognize members of the acquisition workforce.’’.

(c) CONFORMING AMENDMENT.—Section 834 of the National
Defense Authorization Act for Fiscal Year 2017 (Public Law 114–
328; 130 Stat. 2285; 10 U.S.C. 1701a note) is repealed.
SEC. 802. TASK AND DELIVERY ORDER CONTRACTING FOR ARCHITECTURAL AND ENGINEERING SERVICES.

Section 3406 of title 10, United States Code, is amended by
adding at the end the following new subsection:
‘‘(h) ARCHITECTURAL AND ENGINEERING SERVICES.—
‘‘(1) QUALIFICATION-BASED SELECTIONS REQUIRED.—Task or
delivery orders for architectural and engineering services issued
under section 3403 or 3405 of this title shall be qualificationbased selections executed in accordance with chapter 11 of
title 40.
‘‘(2) MULTIPLE AWARD CONTRACTS.—When issuing a task
or delivery order for architectural and engineering services
under a multiple award contract, the head of an agency may
not routinely request additional information relating to qualifications from the contractor for such multiple award contract.’’.
SEC. 803. DATA REQUIREMENTS FOR COMMERCIAL PRODUCTS FOR
MAJOR WEAPON SYSTEMS.

(a) AMENDMENTS RELATING TO SUBSYSTEMS OF MAJOR WEAPONS
SYSTEMS.—Section 3455(b) of title 10, United States Code is
amended—
(1) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B);
(2) by inserting ‘‘(1)’’ before ‘‘A subsystem of a major weapon
system’’; and
(3) by adding at the end the following new paragraph:
‘‘(2)(A) For a subsystem proposed as commercial (as defined
in section 103(1) of title 41) and that has not been previously
determined commercial in accordance with section 3703(d) of this
title, the offeror shall—

H. R. 7776—300
‘‘(i) identify the comparable commercial product the offeror
sells to the general public or nongovernmental entities that
serves as the basis for the ‘of a type’ assertion;
‘‘(ii) submit to the contracting officer a comparison necessary to serve as the basis of the ‘of a type’ assertion of
the physical characteristics and functionality between the subsystem and the comparable commercial product identified under
clause (i); and
‘‘(iii) provide to the contracting officer the National Stock
Number for both the comparable commercial product identified
under clause (i), if one is assigned, and the subsystem, if
one is assigned.
‘‘(B) If the offeror does not sell a comparable commercial product
to the general public or nongovernmental entities for purposes
other than governmental purposes that can serve as the basis
for an ‘of a type’ assertion with respect to the subsystem—
‘‘(i) the offeror shall—
‘‘(I) notify the contracting officer in writing that it
does not so sell such a comparable commercial product;
and
‘‘(II) provide to the contracting officer a comparison
necessary to serve as the basis of the ‘of a type’ assertion
of the physical characteristics and functionality between
the subsystem and the most comparable commercial
product in the commercial marketplace, to the extent
reasonably known by the offeror; and
‘‘(ii) subparagraph (A) shall not apply with respect to the
offeror for such subsystem.’’.
(b) AMENDMENT RELATING TO COMPONENTS AND SPARE PARTS.—
Section 3455(c)(2) of such title is amended to read as follows:
‘‘(2)(A) For a component or spare part proposed as commercial
(as defined in section 103(1) of title 41) and that has not previously
been determined commercial in accordance with section 3703(d)
of this title, the offeror shall—
‘‘(i) identify the comparable commercial product the offeror
sells to the general public or nongovernmental entities that
serves as the basis for the ‘of a type’ assertion;
‘‘(ii) submit to the contracting officer a comparison necessary to serve as the basis of the ‘of a type’ assertion of
the physical characteristics and functionality between the
component or spare part and the comparable commercial
product identified under clause (i); and
‘‘(iii) provide to the contracting officer the National Stock
Number for both the comparable commercial product identified
under clause (i), if one is assigned, and the component or
spare part, if one is assigned.
‘‘(B) If the offeror does not sell a comparable commercial product
to the general public or nongovernmental entities for purposes
other than governmental purposes that can serve as the basis
for an ‘of a type’ assertion with respect to the component or spare
part—
‘‘(i) the offeror shall—
‘‘(I) notify the contracting officer in writing that it
does not so sell such a comparable commercial product;
and
‘‘(II) provide to the contracting officer a comparison
necessary to serve as the basis of the ‘of a type’ assertion

H. R. 7776—301
of the physical characteristics and functionality between
the component or spare part and the most comparable
commercial product in the commercial marketplace, to the
extent reasonably known by the offeror; and
‘‘(ii) subparagraph (A) shall not apply with respect to the
offeror for such component or spare part.’’.
(c) AMENDMENTS RELATING TO INFORMATION SUBMITTED.—Section 3455(d) of such title is amended—
(1) in the subsection heading, by inserting after ‘‘SUBMITTED’’ the following: ‘‘FOR PROCUREMENTS THAT ARE NOT
COVERED BY THE EXCEPTIONS IN SECTION 3703(A)(1) OF THIS
TITLE’’;
(2) in paragraph (1)—
(A) in the matter preceding subparagraph (A), by
striking ‘‘the contracting officer shall require the offeror
to submit—’’ and inserting ‘‘the offeror shall, in accordance
with paragraph (4), submit to the contracting officer or
provide the contracting officer access to—’’;
(B) in subparagraph (A)—
(i) by inserting ‘‘a representative sample, as determined by the contracting officer, of the’’ before ‘‘prices
paid’’; and
(ii) by inserting ‘‘, and the terms and conditions
of such sales’’ after ‘‘Government and commercial customers’’;
(C) in subparagraph (B), by striking ‘‘information on—
’’ and all that follows and inserting the following: ‘‘a representative sample, as determined by the contracting
officer, of the prices paid for the same or similar commercial
products sold under different terms and conditions, and
the terms and conditions of such sales; and’’; and
(D) in subparagraph (C)—
(i) by inserting ‘‘only’’ before ‘‘if the contracting
officer’’; and
(ii) by inserting after ‘‘reasonableness of price’’ the
following: ‘‘because either the comparable commercial
products provided by the offeror are not a valid basis
for a price analysis or the contracting officer determines the proposed price is not reasonable after evaluating sales data, and the contracting officer receives
the approval described in paragraph (5)’’; and
(3) by adding at the end the following new paragraphs:
‘‘(4)(A) An offeror may redact data information submitted or
made available under subparagraph (A) or (B) of paragraph (1)
with respect to sales of an item acquired under this section only
to the extent necessary to remove information individually identifying government customers, commercial customers purchasing such
item for governmental purposes, and commercial customers purchasing such item for commercial, mixed, or unknown purposes.
‘‘(B) Before an offeror may exercise the authority under
subparagraph (A) with respect to a customer, the offeror shall
certify in writing to the contracting officer whether the customer
is a government customer, a commercial customer purchasing the
item for governmental purpose, or a commercial customer purchasing the item for a commercial, mixed, or unknown purpose.

H. R. 7776—302
‘‘(5) A contracting officer may not require an offeror to submit
or make available information under paragraph (1)(C) without
approval from a level above the contracting officer.
‘‘(6) Nothing in this subsection shall relieve an offeror of other
obligations under any other law or regulation to disclose and support the actual rationale of the offeror for the price proposed by
the offeror to the Government for any good or service.’’.
(d) APPLICABILITY.—Section 3455 of such title is amended by
adding at the end the following new subsection:
‘‘(g) APPLICABILITY.—
‘‘(1) IN GENERAL.—Subsections (b) and (c) shall apply only
with respect to subsystems described in subsection (b) and
components or spare parts described in subsection (c), respectively, that the Department of Defense acquires through—
‘‘(A) a prime contract;
‘‘(B) a modification to a prime contract; or
‘‘(C) a subcontract described in paragraph (2).
‘‘(2) SUBCONTRACT DESCRIBED.—A subcontract described in
this paragraph is a subcontract through which the Department
of Defense acquires a subsystem or component or spare part
proposed as commercial (as defined in section 103(1) of title
41) under this section and that has not previously been determined commercial in accordance with section 3703(d).’’.
SEC. 804. REVISION OF AUTHORITY FOR PROCEDURES TO ALLOW
RAPID ACQUISITION AND DEPLOYMENT OF CAPABILITIES
NEEDED
UNDER
SPECIFIED
HIGH-PRIORITY
CIRCUMSTANCES.

(a) REVISION AND CODIFICATION OF RAPID ACQUISITION
AUTHORITY.—Chapter 253 of part V of title 10, United States Code,
is amended to read as follows:
‘‘CHAPTER 253—RAPID ACQUISITION PROCEDURES
‘‘Sec.
‘‘3601. Procedures for urgent acquisition and deployment of capabilities needed in
response to urgent operational needs or vital national security interest.

‘‘§ 3601. Procedures for urgent acquisition and deployment
of capabilities needed in response to urgent operational needs or vital national security interest
‘‘(a) PROCEDURES.—
‘‘(1) IN GENERAL.—The Secretary of Defense shall prescribe
procedures for the urgent acquisition and deployment of
capabilities needed in response to urgent operational needs.
The capabilities for which such procedures may be used in
response to an urgent operational need are those—
‘‘(A) that, subject to such exceptions as the Secretary
considers appropriate for purposes of this section—
‘‘(i) can be fielded within a period of two to 24
months;
‘‘(ii) do not require substantial development effort;
‘‘(iii) are based on technologies that are proven
and available; and
‘‘(iv) can appropriately be acquired under fixedprice contracts; or
‘‘(B) that can be developed or procured under a section
804 rapid acquisition pathway.

H. R. 7776—303
‘‘(2) DEFINITION.—In this section, the term ‘section 804
rapid acquisition pathway’ means the rapid fielding acquisition
pathway or the rapid prototyping acquisition pathway authorized under section 804 of the National Defense Authorization
Act for Fiscal Year 2016 (Public Law 114–92; 10 U.S.C. 3201
prec.).
‘‘(b) MATTERS TO BE INCLUDED.—The procedures prescribed
under subsection (a) shall include the following:
‘‘(1) A process for streamlined communications between
the Chairman of the Joint Chiefs of Staff, the acquisition
community, and the research and development community,
including—
‘‘(A) a process for the commanders of the combatant
commands and the Chairman of the Joint Chiefs of Staff
to communicate their needs to the acquisition community
and the research and development community; and
‘‘(B) a process for the acquisition community and the
research and development community to propose capabilities that meet the needs communicated by the combatant
commands and the Chairman of the Joint Chiefs of Staff.
‘‘(2) Procedures for demonstrating, rapidly acquiring, and
deploying a capability proposed pursuant to paragraph (1)(B),
including—
‘‘(A) a process for demonstrating and evaluating for
current operational purposes the performance of the capability;
‘‘(B) a process for developing an acquisition and funding
strategy for the deployment of the capability; and
‘‘(C) a process for making deployment and utilization
determinations based on information obtained pursuant
to subparagraphs (A) and (B).
‘‘(3) A process to determine the disposition of a capability,
including termination (demilitarization or disposal), continued
sustainment, or transition to a program of record.
‘‘(4) Specific procedures in accordance with the guidance
developed under section 804(a) of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114–92;
10 U.S.C. 3201 prec.).
‘‘(c) RESPONSE TO COMBAT EMERGENCIES AND CERTAIN URGENT
OPERATIONAL NEEDS.—
‘‘(1) DETERMINATION OF NEED FOR URGENT ACQUISITION AND
DEPLOYMENT.—(A) In the case of any capability that, as determined in writing by the Secretary of Defense, is urgently needed
to eliminate a documented deficiency that has resulted in combat casualties, or is likely to result in combat casualties, the
Secretary may use the procedures developed under this section
in order to accomplish the urgent acquisition and deployment
of the needed capability.
‘‘(B) In the case of any capability that, as determined
in writing by the Secretary of Defense, is urgently needed
to eliminate a documented deficiency that impacts an ongoing
or anticipated contingency operation and that, if left unfulfilled,
could potentially result in loss of life or critical mission failure,
the Secretary may use the procedures developed under this
section in order to accomplish the urgent acquisition and
deployment of the needed capability.

H. R. 7776—304
‘‘(C)(i) In the case of any cyber capability that, as determined in writing by the Secretary of Defense, is urgently needed
to eliminate a deficiency that as the result of a cyber attack
has resulted in critical mission failure, the loss of life, property
destruction, or economic effects, or if left unfilled is likely
to result in critical mission failure, the loss of life, property
destruction, or economic effects, the Secretary may use the
procedures developed under this section in order to accomplish
the urgent acquisition and deployment of the needed offensive
or defensive cyber capability.
‘‘(ii) In this subparagraph, the term ‘cyber attack’ means
a deliberate action to alter, disrupt, deceive, degrade, or destroy
computer systems or networks or the information or programs
resident in or transiting these systems or networks.
‘‘(2) DESIGNATION OF SENIOR OFFICIAL RESPONSIBLE.—(A)(i)
Except as provided under clause (ii), whenever the Secretary
of Defense makes a determination under subparagraph (A),
(B), or (C) of paragraph (1) that a capability is urgently needed
to eliminate a deficiency described in that subparagraph, the
Secretary shall designate a senior official of the Department
of Defense to ensure that the needed capability is acquired
and deployed as quickly as possible, with a goal of awarding
a contract for the acquisition of the capability within 15 days.
‘‘(ii) Clause (i) does not apply to an acquisition initiated
in the case of a determination by the Secretary of Defense
that funds are necessary to immediately initiate a project under
a section 804 rapid acquisition pathway if the designated official
for acquisitions using such pathway is a service acquisition
executive.
‘‘(B) Upon designation of a senior official under subparagraph (A) with respect to a needed capability, the Secretary
shall authorize that senior official to waive any provision of
law or regulation described in subsection (d) that such senior
official determines in writing would unnecessarily impede the
urgent acquisition and deployment of such capability. In a
case in which such capability cannot be acquired without an
extensive delay, the senior official shall require that an interim
solution be implemented and deployed using the procedures
developed under this section to minimize adverse consequences
resulting from the urgent need.
‘‘(3) USE OF FUNDS.—(A) Subject to subparagraph (C), in
any fiscal year in which the Secretary of Defense makes a
determination described in subparagraph (A), (B), or (C) of
paragraph (1) with respect to a capability, or upon the Secretary
making a determination that funds are necessary to immediately initiate a project under a section 804 rapid acquisition
pathway based on a compelling national security need, the
Secretary may use any funds available to the Department
of Defense to urgently acquire and deploy such capability or
immediately initiate such project, respectively, if the determination includes a written finding that the use of such funds
is necessary to address in a timely manner the deficiency
documented or identified under such subparagraph (A), (B),
or (C) or the compelling national security need identified for
purposes of such section 804 pathway, respectively.
‘‘(B) The authority provided by this section may only be
used to acquire capability—

H. R. 7776—305
‘‘(i) in the case of determinations by the Secretary
under paragraph (1)(A), in an amount aggregating not more
than $200,000,000 during any fiscal year;
‘‘(ii) in the case of determinations by the Secretary
under paragraph (1)(B), in an amount aggregating not more
than $200,000,000 during any fiscal year;
‘‘(iii) in the case of determinations by the Secretary
under paragraph (1)(C), in an amount aggregating not more
than $200,000,000 during any fiscal year; and
‘‘(iv) in the case of a determination by the Secretary
that funds are necessary to immediately initiate a project
under a section 804 rapid acquisition pathway, in an
amount aggregating not more than $50,000,000 during any
fiscal year.
‘‘(C) In exercising the authority under this section—
‘‘(i) none of the amounts appropriated for Operation
and Maintenance may be used to carry out this section
except for amounts appropriated for—
‘‘(I) Operation and Maintenance, Defense-wide;
‘‘(II) Operation and Maintenance, Army;
‘‘(III) Operation and Maintenance, Navy;
‘‘(IV) Operation and Maintenance, Marine Corps;
‘‘(V) Operation and Maintenance, Air Force; or
‘‘(VI) Operation and Maintenance, Space Force;
and
‘‘(ii) when funds are utilized for sustainment purposes,
this authority may not be used for more than 2 years.
‘‘(4) NOTIFICATION TO CONGRESSIONAL DEFENSE COMMITTEES.—(A) In the case of a determination by the Secretary
of Defense under subparagraph (A) or (C) of paragraph (1),
the Secretary shall notify the congressional defense committees
of the determination within 15 days after the date of the
determination.
‘‘(B) In the case of a determination by the Secretary under
paragraph (1)(B), the Secretary shall notify the congressional
defense committees of the determination at least 10 days before
the date on which the determination is effective.
‘‘(C) In the case of a determination by the Secretary under
paragraph (3)(A) that funds are necessary to immediately initiate a project under a section 804 rapid acquisition pathway,
the Secretary shall notify the congressional defense committees
of the determination within 10 days after the date of the
use of such funds.
‘‘(D) A notice under this paragraph shall include the following:
‘‘(i) Identification of the capability to be acquired.
‘‘(ii) The amount anticipated to be expended for the
acquisition.
‘‘(iii) The source of funds for the acquisition.
‘‘(E) A notice under this paragraph shall fulfill any requirement to provide notification to Congress for a program (referred
to as a ‘new start program’) that has not previously been
specifically authorized by law or for which funds have not
previously been appropriated.
‘‘(F) A notice under this paragraph shall be provided in
consultation with the Director of the Office of Management
and Budget.

H. R. 7776—306
‘‘(5) LIMITATION ON OFFICERS WITH AUTHORITY.—The
authority to make determinations under subparagraph (A), (B),
or (C) of paragraph (1) and under paragraph (3)(A) that funds
are necessary to immediately initiate a project under a section
804 rapid acquisition pathway, to designate a senior official
responsible under paragraph (3), and to provide notification
to the congressional defense committees under paragraph (4)
may be exercised only by the Secretary of Defense or the
Deputy Secretary of Defense.
‘‘(d) AUTHORITY TO WAIVE CERTAIN LAWS AND REGULATIONS.—
‘‘(1) AUTHORITY.—Following a determination described in
subsection (c)(1), the senior official designated in accordance
with subsection (c)(2), with respect to that designation, may
waive any provision of law or regulation addressing—
‘‘(A) the establishment of a requirement or specification
for the capability to be acquired;
‘‘(B) the research, development, test, and evaluation
of the capability to be acquired;
‘‘(C) the production, fielding, and sustainment of the
capability to be acquired; or
‘‘(D) the solicitation, selection of sources, and award
of the contracts for procurement of the capability to be
acquired.
‘‘(2) LIMITATIONS.—Nothing in this subsection authorizes
the waiver of—
‘‘(A) the requirements of this section;
‘‘(B) any provision of law imposing civil or criminal
penalties; or
‘‘(C) any provision of law governing the proper expenditure of appropriated funds.
‘‘(e) OPERATIONAL ASSESSMENTS.—
‘‘(1) IN GENERAL.—The process prescribed under subsection
(b)(2)(A) for demonstrating and evaluating for current operational purposes the performance of a capability proposed
pursuant to subsection (b)(1)(B) shall include the following:
‘‘(A) An operational assessment in accordance with
procedures prescribed by the Director of Operational Test
and Evaluation.
‘‘(B) A requirement to provide information about any
deficiency of the capability in meeting the original requirements for the capability (as stated in a statement of the
urgent operational need or similar document) to the deployment decision-making authority.
‘‘(2) LIMITATION.—The process prescribed under subsection
(b)(2)(A) may not include a requirement for any deficiency
of capability identified in the operational assessment to be
the determining factor in deciding whether to deploy the capability.
‘‘(3) DIRECTOR OF OPERATIONAL TEST AND EVALUATION
ACCESS.—If a capability is deployed under the procedures prescribed pursuant to this section, or under any other authority,
before operational test and evaluation of the capability is completed, the Director of Operational Test and Evaluation shall
have access to operational records and data relevant to such
capability in accordance with section 139(e)(3) of this title for
the purpose of completing operational test and evaluation of
the capability. Such access shall be provided in a time and

H. R. 7776—307
manner determined by the Secretary of Defense consistent with
requirements of operational security and other relevant operational requirements.’’.
(b) CLERICAL AMENDMENT.—The table of chapters at the beginning of subtitle A, and at the beginning of part V of subtitle
A, of title 10, United States Code, are each amended by striking
the item relating to chapter 253 and inserting the following:
‘‘253. Rapid Acquisition Procedures ..................................................................... 3601’’.

(c) CONFORMING REPEALS.—The following provisions of law are
repealed:
(1) Section 804 of the Ike Skelton National Defense
Authorization Act for Fiscal Year 2011 (Public Law 111–383;
10 U.S.C. 3201 note prec.).
(2) Section 806 of the Bob Stump National Defense
Authorization Act for Fiscal Year 2003 (Public Law 107–314;
10 U.S.C. 3201 note prec.).
(d) ADDITIONAL CONFORMING AMENDMENTS.—
(1) Section 2216a(c) of title 10, United States Code, is
amended by striking ‘‘section 804(b) of the Ike Skelton National
Defense Authorization Act for Fiscal Year 2011 (10 U.S.C.
2302 note)’’ and inserting ‘‘Department of Defense Instruction
5000.81 (or any successor instruction), dated December 31,
2019, and titled ‘Urgent Capability Acquisition’ ’’.
(2) Section 8074 of title VIII of the Department of Defense
Appropriations Act, 2022 (division C of Public Law 117–103;
136 Stat. 193) is amended by striking ‘‘under section 806(c)(4)
of the Bob Stump National Defense Authorization Act for Fiscal
Year 2003 (10 U.S.C. 2302 note)’’ and inserting ‘‘under section
3601(c)(4) of title 10, United States Code,’’.
(3) Section 851(f) of the Carl Levin and Howard P. ‘‘Buck’’
McKeon National Defense Authorization Act for Fiscal Year
2015 (Public Law 113–291; 10 U.S.C 3201 note prec.) is
amended by striking ‘‘under section 806 of the Bob Stump
National Defense Authorization Act for Fiscal Year 2003 (Public
Law 107–314; 10 U.S.C. 2302 note)’’ and inserting ‘‘under section 3601 of title 10, United States Code’’.
(4) Section 231(c)(1)(A) of the John Warner National
Defense Authorization Act for Fiscal Year 2007 (Public Law
109–364; 10 U.S.C. 139 note) is amended by striking ‘‘section
806 of the Bob Stump National Defense Authorization Act
for Fiscal Year 2003 (10 U.S.C. 2302 note)’’ and inserting ‘‘section 3601 of title 10, United States Code’’.
SEC. 805. TREATMENT OF CERTAIN CLAUSES IMPLEMENTING EXECUTIVE ORDERS.

(a) IN GENERAL.—Section 3862 of title 10, United States Code,
is amended—
(1) in the section heading, by striking ‘‘: certification’’;
(2) by redesignating subsection (c) as subsection (d);
(3) by inserting after subsection (b) the following new subsection:
‘‘(c) TREATMENT OF CERTAIN CLAUSES IMPLEMENTING EXECUTIVE ORDERS.—The unilateral insertion of a covered clause into
an existing Department of Defense contract, order, or other transaction by a contracting officer shall be treated as a change directed
by the contracting officer pursuant to, and subject to, the Changes

H. R. 7776—308
clause of the underlying contract, order, or other transaction.’’;
and
(4) in subsection (d), as redesignated by paragraph (2)—
(A) in the subsection heading, by striking ‘‘DEFINITION’’
and inserting ‘‘DEFINITIONS’’;
(B) by striking ‘‘section, the term’’ and inserting the
following: ‘‘section:
‘‘(1) The term’’; and
(C) by adding at the end the following new paragraphs:
‘‘(2) The term ‘Changes clause’ means the clause described
in part 52.243–4 of the Federal Acquisition Regulation or any
successor regulation.
‘‘(3) The term ‘covered clause’ means any clause implementing the requirements of an Executive order issued by
the President.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 281 of title 10, United States Code, is amended
by striking the item relating to section 3862 and inserting the
following:
‘‘3862. Requests for equitable adjustment or other relief.’’.

(c) CONFORMING REGULATIONS.—Not later than 120 days after
the date of the enactment of this Act, the Secretary of Defense
shall revise the Department of Defense Supplement to the Federal
Acquisition Regulation to implement the requirements of section
3862 of title 10, United States Code, as amended by subsection
(a).
(d) CONFORMING POLICY GUIDANCE.—Not later than 120 days
after the date of the enactment of this Act, the Secretary of Defense
shall revise applicable policy guidance on other transactions to
implement the requirements of section 3862 of title 10, United
States Code, as amended by subsection (a).
SEC. 806. LIFE CYCLE MANAGEMENT AND PRODUCT SUPPORT.

(a) IN GENERAL.—Section 4324(b) of title 10, United States
Code, is amended—
(1) by redesignating paragraphs (1), (2), (3), (4), (5), (6),
(7), and (8) as subparagraphs (A), (B), (C), (D), (E), (F), (G),
and (J), respectively;
(2) by designating the matter preceding subparagraph (A),
as so redesignated, as paragraph (1);
(3) in paragraph (1), as so designated—
(A) in the matter preceding subparagraph (A), as so
redesignated—
(i) by inserting ‘‘IN GENERAL.—’’ before ‘‘Before
granting’’; and
(ii) by inserting ‘‘for which the milestone decision
authority has received views from appropriate materiel, logistics, or fleet representatives’’ after ‘‘approved
life cycle sustainment plan’’;
(B) by amending subparagraph (G), as so redesignated,
to read as follows:
‘‘(G) an intellectual property management plan for
product support, including requirements for technical data,
software, and modular open system approaches (as defined
in section 4401 of this title);’’;
(C) by inserting after subparagraph (G), as so redesignated, the following new subparagraphs:

H. R. 7776—309
‘‘(H) an estimate of the number of personnel needed
to operate and maintain the covered system, including
military personnel, Federal employees, contractors, and
host nation support personnel (as applicable);
‘‘(I) a description of opportunities for foreign military
sales; and’’; and
(4) by adding at the end of paragraph (1), as so designated,
the following new paragraph:
‘‘(2) SUBSEQUENT PHASES.—Before granting Milestone C
approval (or the equivalent) for the covered system, the milestone decision authority shall ensure that the life cycle
sustainment plan required by paragraph (1) for such covered
system has been updated to include views received by the
milestone decision authority from appropriate materiel, logistics, or fleet representatives.’’.
(b) MILESTONE C APPROVAL DEFINED.—Section 4324(d) of title
10, United States Code, is amended—
(1) by redesignating paragraph (7) as paragraph (8); and
(2) by inserting after paragraph (6) the following new paragraph:
‘‘(7) MILESTONE C APPROVAL.—The term ‘Milestone C
approval’ has the meaning given that term in section 4172(e)(8)
of this title.’’.
SEC. 807. AMENDMENTS TO CONTRACTOR EMPLOYEE PROTECTIONS
FROM REPRISAL FOR DISCLOSURE OF CERTAIN INFORMATION.

(a) DEFENSE CONTRACTS.—Section 4701 of title 10, United
States Code, is amended—
(1) in subsection (a)—
(A) in paragraph (2)(G), by striking ‘‘or subcontractor’’
and inserting ‘‘, subcontractor, grantee, subgrantee, or personal services contractor’’; and
(B) in paragraph (3)(A), by striking ‘‘or subcontractor’’
and inserting ‘‘, subcontractor, grantee, subgrantee, or personal services contractor’’;
(2) in subsection (b)(1), by striking ‘‘contractor concerned’’
and inserting ‘‘contractor, subcontractor, grantee, subgrantee,
or personal services contractor concerned’’;
(3) in subsection (c)—
(A) in paragraph (1)—
(i) in the matter preceding subparagraph (A), by
striking ‘‘contractor concerned’’ and inserting ‘‘contractor, subcontractor, grantee, subgrantee, or personal
services contractor concerned’’;
(ii) in subparagraph (A), by inserting ‘‘, subcontractor, grantee, subgrantee, or personal services contractor’’ after ‘‘contractor’’;
(iii) in subparagraph (B), by inserting ‘‘, subcontractor, grantee, subgrantee, or personal services contractor’’ after ‘‘contractor’’;
(iv) in subparagraph (C), by inserting ‘‘, subcontractor, grantee, subgrantee, or personal services contractor’’ after ‘‘contractor’’; and
(v) by inserting at the end the following new
subparagraph:

H. R. 7776—310
‘‘(D) Consider disciplinary or corrective action against
any official of the Department of Defense.’’; and
(B) in paragraph (2), by inserting ‘‘, subcontractor,
grantee, subgrantee, or personal services contractor’’ after
‘‘contractor’’;
(4) in subsection (d), by striking ‘‘and subcontractors’’ and
inserting ‘‘, subcontractors, grantees, subgrantees, or personal
services contractors’’;
(5) in subsection (e)(2)—
(A) in the matter preceding subparagraph (A), by
striking ‘‘or grantee of’’ and inserting ‘‘grantee, subgrantee,
or personal services contractor of’’; and
(B) in subparagraph (B), by striking ‘‘or grantee’’ and
inserting ‘‘grantee, or subgrantee’’; and
(6) in subsection (g)(5), by inserting ‘‘or grants’’ after ‘‘contracts’’.
(b) CIVILIAN CONTRACTS.—Section 4712 of title 41, United
States Code, is amended—
(1) in subsection (a)—
(A) in paragraph (1), by striking ‘‘or subgrantee’’ and
inserting ‘‘subgrantee,’’;
(B) in paragraph (2), by striking ‘‘or subgrantee’’ and
inserting ‘‘subgrantee, or personal services contractor’’; and
(C) in paragraph (3), by striking ‘‘or subgrantee’’ and
inserting ‘‘subgrantee, or personal services contractor’’;
(2) in subsection (b)(1), by striking ‘‘or subgrantee concerned’’ and inserting ‘‘subgrantee, or personal services contractor concerned’’;
(3) in subsection (c)—
(A) in paragraph (1)—
(i) in the matter preceding subparagraph (A), by
striking ‘‘or subgrantee concerned’’ and inserting ‘‘subgrantee, or personal services contractor concerned’’;
(ii) in subparagraph (A), by striking ‘‘or subgrantee’’ and inserting ‘‘subgrantee, or personal services contractor’’;
(iii) in subparagraph (B), by striking ‘‘or subgrantee’’ and inserting ‘‘subgrantee, or personal services contractor’’;
(iv) in subparagraph (C), by striking ‘‘or subgrantee’’ and inserting ‘‘subgrantee, or personal services contractor’’; and
(v) by inserting at the end the following new
subparagraph:
‘‘(D) Consider disciplinary or corrective action against any
official of the executive agency, if appropriate.’’; and
(B) in paragraph (2), by striking ‘‘or subgrantee’’ and
inserting ‘‘subgrantee, or personal services contractor’’;
(4) in subsection (d), by striking ‘‘and subgrantees’’ and
inserting ‘‘subgrantees, and personal services contractors’’; and
(5) in subsection (f), by striking ‘‘or subgrantee’’ each place
it appears and inserting ‘‘subgrantee, or personal services contractor’’.

H. R. 7776—311
SEC. 808. USE OF FIXED-PRICE TYPE CONTRACTS FOR CERTAIN MAJOR
DEFENSE ACQUISITION PROGRAMS.

(a) IN GENERAL.—Section 818 of the John Warner National
Defense Authorization Act for Fiscal Year 2007 (Public Law 109–
364) is amended by adding at the end the following new subsection:
‘‘(f) CONDITIONS WITH RESPECT TO CERTAIN LOW-RATE INITIAL
PRODUCTION.—
‘‘(1) IN GENERAL.—The number of low-rate initial production lots associated with a major defense acquisition program
may not be more than one if—
‘‘(A) the milestone decision authority authorizes the
use of a fixed-price type contract at the time of a decision
on Milestone B approval; and
‘‘(B) the scope of the work of the fixed-price type contract includes both the development and low-rate initial
production of items for such major defense acquisition program.
‘‘(2) WAIVER.—The limitation in paragraph (1) may be
waived by the applicable service acquisition executive or a
designee of such executive if—
‘‘(A) such waiver authority is not delegated to the level
of the contracting officer; and
‘‘(B) written notification of a granted waiver, including
the associated rationale, is provided to the congressional
defense committees not later than 30 days after issuance
of the waiver.
‘‘(3) DEFINITIONS.—In this subsection:
‘‘(A) The term ‘low-rate initial production’ has the
meaning given under section 4231 of title 10, United States
Code.
‘‘(B) The term ‘milestone decision authority’ has the
meaning given in section 4211 of title 10, United States
Code.
‘‘(C) The term ‘major defense acquisition program’ has
the meaning given in section 4201 of title 10, United States
Code.
‘‘(D) The term ‘Milestone B approval’ has the meaning
given in section 4172(e) of title 10, United States Code.’’.
(b) MODIFICATION OF REGULATIONS.—Not later than 120 days
after the date of the enactment of this Act, the Secretary of Defense
shall revise the Department of Defense Supplement to the Federal
Acquisition Regulation and any applicable regulations regarding
the use of fixed-price type contracts for a major defense acquisition
program (as defined in section 4201 of title 10, United States
Code) to carry out this section and the amendments made by
this section.
SEC. 809. ACQUISITION REPORTING SYSTEM.

(a) IN GENERAL.—The Secretary of Defense shall institute a
defense acquisition reporting system to replace the requirements
of section 4351 of title 10, United States Code, as soon as practicable
but not later than June 30, 2023.
(b) ELEMENTS.—The reporting system required under subsection (a) shall—
(1) produce the information necessary to carry out the
actions specified in chapter 325 of title 10, United States Code;

H. R. 7776—312
(2) produce the information necessary to carry out the
actions specified in sections 4217 and 4311 of the Atomic Energy
Defense Act (50 U.S.C. 2537, 2577);
(3) incorporate—
(A) the lessons learned from the demonstration carried
out under subsection (b) of section 805 of the National
Defense Authorization Act for Fiscal Year 2022 (Public
Law 117–81; 135 Stat. 1816); and
(B) the plans required under subsection (c) of such
section (Public Law 117–81; 135 Stat. 1817);
(4) provide the congressional defense committees and other
designated Government entities with access to acquisition
reporting that is updated on a not less than quarterly basis;
and
(5) include such other information and functions as the
Secretary of Defense determines appropriate to support the
acquisition reporting needs of the Department of Defense.
(c) CONFORMING AMENDMENTS.—The Atomic Energy Defense
Act (50 U.S.C. 2501 et seq.) is amended—
(1) in section 4217(a)(2), by inserting ‘‘or any successor
system,’’ after ‘‘United States Code,’’; and
(2) in section 4311(a)(2), by inserting ‘‘or any successor
system,’’ after ‘‘United States Code,’’.

Subtitle B—Amendments to General Contracting Authorities, Procedures, and
Limitations
SEC. 811. INCLUSION IN BUDGET JUSTIFICATION MATERIALS OF
ENHANCED REPORTING ON PROPOSED CANCELLATIONS
AND MODIFICATIONS TO MULTIYEAR CONTRACTS.

Section 239c(b) of title 10, United States Code, is amended—
(1) by redesignating paragraphs (1) through (4) as paragraphs (2) through (5), respectively; and
(2) by inserting before paragraph (2), as so redesignated,
the following new paragraph:
‘‘(1) A detailed explanation of the rationale for the proposed
cancellation or covered modification of the multiyear contract.’’.
SEC. 812. COMPTROLLER GENERAL ASSESSMENT OF ACQUISITION
PROGRAMS AND RELATED EFFORTS.

(a) IN GENERAL.—Section 3072 of title 10, United States Code,
is amended—
(1) in the section heading, by striking ‘‘initiatives’’ and
inserting ‘‘efforts’’;
(2) by striking ‘‘initiatives’’ each place it appears and
inserting ‘‘efforts’’;
(3) in subsection (a), by striking ‘‘through 2023’’ and
inserting ‘‘through 2026’’; and
(4) in subsection (c), in the subsection heading, by striking
‘‘INITIATIVES’’ and inserting ‘‘EFFORTS’’.
(b) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 203 of title 10, United States Code, is amended
in the item relating to section 3072 by striking ‘‘initiatives’’ and
inserting ‘‘efforts’’.

H. R. 7776—313
SEC.

813.

EXTENSION OF
AUTHORITY.

DEFENSE

MODERNIZATION

ACCOUNT

Section 3136 of title 10, United States Code, is amended by
striking subsection (j).
SEC. 814. CLARIFICATION TO FIXED-PRICE INCENTIVE CONTRACT REFERENCES.

(a) AUTHORITY TO ACQUIRE INNOVATIVE COMMERCIAL PRODUCTS
AND COMMERCIAL SERVICES USING GENERAL SOLICITATION COMPETITIVE PROCEDURES.—Section 3458(c)(2) of title 10, United States
Code, is amended by striking ‘‘fixed-price incentive fee contracts’’
and inserting ‘‘fixed-price incentive contracts’’.
(b) CONTRACTOR INCENTIVES TO ACHIEVE SAVINGS AND IMPROVE
MISSION PERFORMANCE.—Section 832 of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114–328; 10
U.S.C. 1746 note) is amended by striking ‘‘fixed-price incentive
fee contracts’’ and inserting ‘‘fixed-price incentive contracts’’.
SEC. 815. MODIFICATION OF REPORTING REQUIREMENT IN CONNECTION WITH REQUESTS FOR MULTIYEAR PROCUREMENT
AUTHORITY FOR LARGE DEFENSE ACQUISITIONS.

Section 3501(i)(2) of title 10, United States Code, is amended—
(1) by striking ‘‘shall include’’ and all that follows through
‘‘(A) A report’’ and inserting ‘‘shall include in the request a
report’’; and
(2) by striking subparagraph (B).
SEC. 816. MODIFICATION OF PROVISION RELATING TO DETERMINATION OF CERTAIN ACTIVITIES WITH UNUSUALLY HAZARDOUS RISKS.

Section 1684 of the National Defense Authorization Act for
Fiscal Year 2022 (Public Law 117–81) is amended—
(1) in subsection (a), by striking ‘‘2022 and 2023’’ and
inserting ‘‘2022 through 2024’’; and
(2) in subsection (b), by striking ‘‘September 30, 2023’’
and inserting ‘‘September 30, 2024’’.
SEC.

817.

MODIFICATION TO PROHIBITION ON OPERATION OR
PROCUREMENT OF FOREIGN-MADE UNMANNED AIRCRAFT
SYSTEMS.

(a) IN GENERAL.—Section 848 of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116–92; 10
U.S.C. 4871 note) is amended—
(1) by redesignating subsections (b), (c), and (d) as subsections (c), (d), and (e), respectively;
(2) by inserting after subsection (a) the following new subsection:
‘‘(b) PROHIBITION ON CERTAIN CONTRACTS.—The Secretary of
Defense may not enter into a contract (or extend or renew a contract) on or after October 1, 2024, with an entity that operates
(as determined by the Secretary or the Secretary’s designee) equipment from a covered unmanned aircraft system company in the
performance of a Department of Defense contract.’’;
(3) in subsection (c) (as so redesignated), by striking ‘‘the
restriction under subsection (a) if the operation or procurement’’
and inserting ‘‘any restrictions under subsection (a) or (b) if
the operation, procurement, or contracting action’’;
(4) in subsection (d) (as so redesignated)—

H. R. 7776—314
(A) by inserting ‘‘(or the Secretary’s designee)’’ after
‘‘The Secretary of Defense’’;
(B) by striking ‘‘the restriction’’ and all that follows
through ‘‘basis’’ inserting ‘‘any restrictions under subsections (a) or (b)’’; and
(C) by striking ‘‘operation or procurement’’ and
inserting ‘‘operation, procurement, or contracting action’’;
and
(5) in subsection (e) (as so redesignated)—
(A) by amending paragraph (1) to read as follows:
‘‘(1) COVERED FOREIGN COUNTRY.—The term ‘covered foreign country’ means any of the following:
‘‘(A) the People’s Republic of China.
‘‘(B) The Russian Federation.
‘‘(C) The Islamic Republic of Iran.
‘‘(D) The Democratic People’s Republic of Korea.’’; and
(B) by adding at the end the following new paragraph:
‘‘(3) COVERED UNMANNED AIRCRAFT SYSTEM COMPANY.—The
term ‘covered unmanned aircraft system company’ means any
of the following:
‘‘(A) Da-Jiang Innovations (or any subsidiary or affiliate of Da-Jiang Innovations).
‘‘(B) Any entity that produces or provides unmanned
aircraft systems and is included on Consolidated Screening
List maintained by the International Trade Administration
of the Department of Commerce.
‘‘(C) Any entity that produces or provides unmanned
aircraft systems and—
‘‘(i) is domiciled in a covered foreign country; or
‘‘(ii) is subject to unmitigated foreign ownership,
control or influence by a covered foreign country, as
determined by the Secretary of Defense unmitigated
foreign ownership, control or influence in accordance
with the National Industrial Security Program (or any
successor to such program).’’.
(b) POLICY REQUIRED.—Not later than 180 days after the date
of the enactment of this Act, the Secretary of Defense shall issue
policy to—
(1) implement the requirements of section 848 of the
National Defense Authorization Act for Fiscal Year 2020 (Public
Law 116–92; 10 U.S.C. 4871 note), as amended by this section,
including by establishing a due diligence process for the Department of Defense to make determinations required by subsection
(b) of such section 848 (as amended by this section); and
(2) establish an appeal process for any offerors or awardees
with which the Secretary has not entered into a contract or
has not extended or renewed a contract pursuant to subsection
(b) of such section 848 (as amended by this section).
SEC. 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), as most recently
amended by section 1831(j)(7) of the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021 (Public
Law 116–238; 134 Stat. 4217), is further amended—

H. R. 7776—315
(1) in subsection (a)(2), by striking ‘‘of’’ before ‘‘chapter
271’’; and
(2) in subsection (c), by striking ‘‘January 2, 2023’’ and
inserting ‘‘January 2, 2024’’.
SEC. 819. EXTENSION OF PILOT PROGRAM FOR DISTRIBUTION SUPPORT AND SERVICES FOR WEAPONS SYSTEMS CONTRACTORS.

Section 883 of the National Defense Authorization Act for Fiscal
Year 2017 (Public Law 114–328; 10 U.S.C. 4292 note prec.) is
amended—
(1) in subsection (a), by striking ‘‘six-year pilot program’’
and inserting ‘‘seven-year pilot program’’; and
(2) in subsection (g), by striking ‘‘six years’’ and inserting
‘‘seven years’’.
SEC. 820. EXTENSION AND MODIFICATION OF NEVER CONTRACT WITH
THE ENEMY.

Subtitle E of title VIII of the Carl Levin and Howard P. ‘‘Buck’’
McKeon National Defense Authorization Act for Fiscal Year 2015
(Public Law 113–291; 10 U.S.C. 4871 note prec.) is amended—
(1) in section 841—
(A) in subsection (i)(1)—
(i) in the matter preceding subparagraph (A), by
striking ‘‘2016, 2017, and 2018’’ and inserting ‘‘2023,
and annually thereafter’’; and
(ii) by adding at the end the following new subparagraphs:
‘‘(C) Specific examples where the authorities under
this section can not be used to mitigate national security
threats posed by vendors supporting Department operations because of the restriction on using such authorities
only with respect to contingency operations.
‘‘(D) A description of the policies ensuring that oversight of the use of the authorities in this section is effectively carried out by a single office in the Office of the
Under Secretary of Defense for Acquisition and
Sustainment.’’; and
(B) in subsection (n), by striking ‘‘December 31, 2023’’
and inserting ‘‘December 31, 2025’’; and
(2) in section 842(b)(1), by striking ‘‘2016, 2017, and 2018’’
and inserting ‘‘2023, 2024, and 2025’’.
SEC. 821. REPEAL OF REQUIREMENT FOR INSPECTOR GENERAL OF
THE DEPARTMENT OF DEFENSE TO CONDUCT CERTAIN
REVIEWS.

Section 847(b) of the National Defense Authorization Act for
Fiscal Year 2008 (Public Law 110–181; 10 U.S.C. 1701 note) is
amended—
(1) by striking ‘‘REQUIREMENT.—’’ and all that follows
through ‘‘Each request’’ and inserting ‘‘REQUIREMENT.—Each
request’’; and
(2) by striking paragraph (2).
SEC. 822. MODIFICATION OF CONTRACTS TO PROVIDE EXTRAORDINARY RELIEF DUE TO INFLATION IMPACTS.

(a) CONTRACT MODIFICATION AUTHORITY.—The first section of
Public Law 85–804 (50 U.S.C. 1431) is amended—

H. R. 7776—316
(1) by striking ‘‘That the President’’ and inserting the following:
‘‘SECTION 1. (a) That the President’’;
(2) by striking ‘‘an amount in excess of $50,000’’ and
inserting ‘‘an amount in excess of $500,000’’;
(3) by striking ‘‘any amount in excess of $25,000,000’’ and
inserting ‘‘an amount in excess of $150,000,000’’; and
(4) by inserting after subsection (a) (as added by paragraph
(1)) the following new subsections:
‘‘(b) TEMPORARY AUTHORITY TO MODIFY CERTAIN CONTRACTS
AND OPTIONS BASED ON THE IMPACTS OF INFLATION.—Only amounts
specifically provided by an appropriations Act for the purposes
detailed in subsections (c) and (d) of this section may be used
by the Secretary of Defense to carry out such subsections.
‘‘(c)(1) The Secretary of Defense, acting pursuant to a Presidential authorization under subsection (a) and in accordance with
subsection (b)—
‘‘(A) may, notwithstanding subsection (e) of section 2 of
this Act (50 U.S.C. 1432(e)), make an amendment or modification to an eligible contract when, due solely to economic inflation, the cost to a prime contractor of performing such eligible
contract is greater than the price of such eligible contract;
and
‘‘(B) may not request consideration from such prime contractor for such amendment or modification.
‘‘(2) A prime contractor may submit to the Secretary of Defense
a request for an amendment or modification to an eligible contract
pursuant to subsection (a) when, due solely to economic inflation,
the cost to a covered subcontractor of performing an eligible subcontract is greater than the price of such eligible subcontract.
Such request shall include a certification that the prime contractor—
‘‘(A) will remit to such covered subcontractor the difference,
if any, between the original price of such eligible contract
and the price of such eligible contract if the Secretary of Defense
makes an amendment or modification pursuant to subsection
(a); and
‘‘(B) will not require such covered subcontractor to pay
additional consideration or fees related to such amendment
or modification.
‘‘(3) If a prime contractor does not make the request described
in paragraph (2), a covered subcontractor may submit to a contracting officer of the Department of Defense a request for an
amendment or modification to an eligible subcontract when, due
solely to economic inflation, the cost to such covered subcontractor
of performing such eligible subcontract is greater than the price
of such eligible subcontract.
‘‘(d) Any adjustment or modification made pursuant to subsection (c) to an eligible contract or an eligible subcontract shall—
‘‘(1) be contingent upon the continued performance, as
applicable, of such eligible contract or such eligible subcontract;
and
‘‘(2) account only for the actual cost of performing such
eligible contract or such eligible subcontract, but may account
for indirect costs of performance, as the Secretary of Defense
determines appropriate.

H. R. 7776—317
‘‘(e) The authority under subsections (c) and (d) shall be effective
during the period beginning on the date of the enactment of the
National Defense Authorization Act for Fiscal Year 2023 and ending
on December 31, 2023.
‘‘(f) In this section:
‘‘(1) The term ‘covered subcontractor’ means a subcontractor
who has entered into an eligible subcontract with a prime
contractor.
‘‘(2) The term ‘eligible contract’ means a contract awarded
to a prime contractor by the Secretary of Defense pursuant
to subsection (a).
‘‘(3) The term ‘eligible subcontract’ means a subcontract
made under an eligible contract to a covered subcontractor.’’.
(b) GUIDANCE.—Not later than 90 days after the date of the
enactment of an Act providing appropriations to carry out section
1 of Public Law 85–804 (50 U.S.C. 1431) (as added by subsection
(a)), the Under Secretary of Defense for Acquisition and
Sustainment shall issue guidance implementing the authority under
subsections (b) through (d) of section 1 of Public Law 85–804 (50
U.S.C. 1431) (as added by subsection (a)).

Subtitle C—Provisions Relating to
Acquisition Workforce
SEC. 831. KEY EXPERIENCES AND ENHANCED PAY AUTHORITY FOR
ACQUISITION WORKFORCE EXCELLENCE.

(a) PARTICIPATION IN THE PUBLIC-PRIVATE TALENT EXCHANGE
PROGRAM.—
(1) IN GENERAL.—Section 1701a(b) of title 10, United States
Code, is amended—
(A) in paragraph (9)(C), by striking ‘‘and’’ at the end;
(B) in paragraph (10), by striking the period at the
end and inserting ‘‘; and’’; and
(C) by adding at the end the following new paragraph:
‘‘(11) ensure the participation in the public-private talent
exchange program established under section 1599g of this title
of up to 250 members of the acquisition workforce in each
fiscal year.’’.
(2) TECHNICAL AMENDMENT.—Section 1701a(b)(2) of title
10, United States Code, is further amended by striking ‘‘as
defined’’ and all that follows through ‘‘this title’’ and inserting
‘‘as defined in section 3001 of this title’’.
(b) ENHANCED PAY AUTHORITY FOR POSITIONS IN DEPARTMENT
OF DEFENSE FIELD ACTIVITIES AND DEFENSE AGENCIES.—Section
1701b(e)(2) of title 10, United States Code, is amended to read
as follows:
‘‘(2) NUMBER OF POSITIONS.—The authority in subsection
(a) may not be used at any one time with respect to—
‘‘(A) more than five positions, in total, in Department
of Defense Field Activities and Defense Agencies;
‘‘(B) more than five positions in the Office of the Secretary of Defense; and
‘‘(C) more than five positions in each military department.’’.

H. R. 7776—318
(c) REPORT ON PUBLIC-PRIVATE TALENT EXCHANGES.—Section
1599g of title 10, United States Code, is amended by adding at
the end the following new subsection:
‘‘(k) REPORT.—Each member of the acquisition workforce that
participates in the program established under this section shall,
upon completion of such participation, submit to the President
of the Defense Acquisition University for inclusion in the report
required under section 1746a(e) a description and evaluation of
such participation.’’.
SEC. 832. DEFENSE ACQUISITION UNIVERSITY REFORMS.

(a) IN GENERAL.—Section 1746 of title 10, United States Code,
is amended—
(1) in subsection (b)—
(A) by amending paragraph (2) to read as follows:
‘‘(2) The Secretary of Defense shall ensure the defense acquisition university structure includes relevant expert lecturers from
extramural institutions (as defined in section 1746a(g) of this title),
industry, or federally funded research and development centers
to advance acquisition workforce competence regarding commercial
business interests, acquisition process-related innovations, and
other relevant leading practices of the private sector.’’;
(B) by striking paragraph (3); and
(C) by redesignating paragraphs (4) and (5) as paragraphs (3) and (4), respectively;
(2) in subsection (c), by striking ‘‘commercial training providers’’ and inserting ‘‘extramural institutions (as defined in
section 1746a(g) of this title)’’; and
(3) by adding at the end the following new subsection:
‘‘(e) PRESIDENT APPOINTMENT.—(1) The Under Secretary of
Defense for Acquisition and Sustainment shall appoint the President of the Defense Acquisition University.
‘‘(2) When determining who to appoint under paragraph (1),
the Under Secretary of Defense for Acquisition and Sustainment
shall, in consultation with the Under Secretary of Defense for
Research and Engineering and the service acquisition executives,
prioritize highly qualified candidates who demonstrate a combination of the following:
‘‘(A) Leadership abilities.
‘‘(B) Experience using leading practices to develop talent
in the private sector.
‘‘(C) Other qualifying factors, including experience with
and an understanding of the defense acquisition system (as
defined in section 3001 of this title), an understanding of
emerging technologies and the defense applications of such
technologies, experience partnering with States, national
associations, and academia, and experience with learning technologies.
‘‘(3) The term of the President of the Defense Acquisition
University shall be not more than five years, unless the Under
Secretary of Defense for Acquisition and Sustainment determines
it necessary to extend the term for up to an additional five years.
The preceding sentence does not apply to the President of the
Defense Acquisition University serving on January 1, 2022.’’.
(b) IMPLEMENTATION REPORT.—Not later than March 1, 2023,
the Secretary of Defense shall submit to the congressional defense
committees a plan to modify the defense acquisition university

H. R. 7776—319
structure to comply with section 1746(b)(2) of title 10, United States
Code, as amended by subsection (a). Such plan shall establish
a date of not later than March 1, 2026, for such modification
to be completed.
SEC. 833. MODIFICATIONS TO DEFENSE CIVILIAN TRAINING CORPS.

Section 2200g of title 10, United States Code, is amended—
(1) by striking ‘‘For the purposes of’’ and all that follows
through ‘‘establish and maintain’’ and inserting the following:
‘‘The Secretary of Defense, acting through the Under Secretary
for Defense for Acquisition and Sustainment, shall establish
and maintain’’;
(2) by designating the text of such section, as amended
by paragraph (1), as subsection (a); and
(3) by adding at the end the following new subsections:
‘‘(b) PURPOSE.—The purpose of the Defense Civilian Training
Corps is to target critical skills gaps necessary to achieve the
objectives of the national defense strategies required by section
113(g) of this title and the national security strategies required
by section 108 of the National Security Act of 1947 (50 U.S.C.
3043) by preparing students selected for the Defense Civilian
Training Corps for Department of Defense careers relating to
acquisition, digital technologies, critical technologies, science,
engineering, finance, and other civilian occupations determined by
the Secretary of Defense.
‘‘(c) USE OF RESOURCES AND PROGRAMS.—The Under Secretary
of Defense for Acquisition and Sustainment may leverage the
resources and programs of the acquisition research organization
within a civilian college or university that is described under section
4142(a) of this title (commonly referred to as the ‘Acquisition
Innovation Research Center’) to carry out the requirements of this
chapter.’’.
SEC. 834. ACQUISITION WORKFORCE INCENTIVES RELATING TO
TRAINING ON, AND AGREEMENTS WITH, CERTAIN STARTUP BUSINESSES.

(a) TRAINING.—
(1) CURRICULA.—Not later than one year after the date
of the enactment of this Act, the Director of the Acquisition
Innovation Research Center shall make recommendations on
one or more curricula for members of the acquisition workforce
on financing and operations of start-up businesses, which may
include the development of new curricula, the modification
of existing curricula, or the adoption of curricula from another
agency, academia, or the private sector.
(2) ELEMENTS.—Courses under curricula recommended
under paragraph (1) shall be offered with varying course lengths
and level of study.
(3) INCENTIVES.—The Secretary of Defense shall develop
a program to offer incentives to a member of the acquisition
workforce that completes a curriculum developed, modified,
or adopted under paragraph (1).
(4) ADDITIONAL TRAINING MATERIALS.—In recommending
curricula under paragraph (1), the Director of the Acquisition
Innovation Research Center shall consider and incorporate
appropriate training materials from university, college, tradeschool, or private-sector curricula in business, law, or public
policy.

H. R. 7776—320
(b) EXCHANGES.—
(1) IN GENERAL.—The Secretary of Defense shall establish
a pilot program under which the Secretary shall, in accordance
with section 1599g of title 10, United States Code, arrange
for the temporary assignment of—
(A) one or more members of the acquisition workforce
to a start-up business; or
(B) an employee of a start-up business to an office
of the Department of Defense.
(2) PRIORITY.—The Secretary shall prioritize for participation in the pilot program described under paragraph (1)(A)
members of the acquisition workforce who have completed a
curriculum required under paragraph (1).
(3) TERMINATION.—The Secretary may not carry out the
pilot program authorized by this subsection after the date that
is three years after the date of the enactment of this Act.
(c) CONFERENCES.—The Secretary of Defense shall identify
existing conferences sponsored by the Department of Defense that
might be expanded to include opportunities for sharing knowledge
and best practices on software acquisition issues. Such opportunities
shall maximize participation between members of the acquisition
workforce, employees of start-up businesses, and investors in startup businesses.
(d) PILOT PROGRAM.—
(1) ESTABLISHMENT.—Not later than 18 months after the
date of the enactment of this Act, the Secretary of Defense
shall establish a pilot program to test the feasibility of innovative approaches to negotiating and establishing intellectual
property and data rights in agreements with start-up
businesses for the procurement of software and softwareembedded systems.
(2) AUTHORITY.—To the maximum extent practicable, the
Secretary shall—
(A) ensure that a member of the acquisition workforce
who has completed a curriculum required under subsection
(a) is able to exercise authority to apply an approach
described in paragraph (1); and
(B) provide incentives to such member to exercise such
authority.
(3) ELEMENTS.—An approach described in paragraph (1)
shall include the following:
(A) Flexible and tailored requirements relating to the
acquisition and licensing of intellectual property and data
rights in the software and software-embedded systems to
be acquired under the agreement.
(B) An identification and definition of the technical
interoperability standards required for such software and
software-embedded systems.
(C) Flexible mechanisms for access and delivery of
code for such software, including documentation of the
costs and benefits of each such mechanism.
(4) TERMINATION.—The Secretary may not carry out the
pilot program authorized by this subsection after the date that
is 5 years after the date of the enactment of this Act.
(e) DEFINITIONS.—In this section:
(1) The term ‘‘Acquisition Innovation Research Center’’
means the acquisition research organization within a civilian

H. R. 7776—321
college or university that is described under section 4142(a)
of title 10, United States Code.
(2) The term ‘‘acquisition workforce’’ has the meaning given
in section 101 of title 10, United States Code.
(3) The term ‘‘start-up business’’ means a small business
that has been in existence for 5 years or less.
SEC. 835. CURRICULA ON SOFTWARE ACQUISITIONS AND CYBERSECURITY SOFTWARE OR HARDWARE ACQUISITIONS FOR COVERED INDIVIDUALS.

(a) CURRICULA.—The President of the Defense Acquisition
University, shall supplement existing training curricula related to
software acquisitions and cybersecurity software or hardware
acquisitions and offer such curricula to covered individuals to
increase digital literacy related to such acquisitions by developing
the ability of such covered individuals to use technology to identify,
critically evaluate, and synthesize data and information related
to such acquisitions.
(b) ELEMENTS.—Curricula developed pursuant to subsection (a)
shall provide information on—
(1) cybersecurity, information technology systems, computer
networks, cloud computing, artificial intelligence, machine
learning, distributed ledger technologies, and quantum technologies;
(2) cybersecurity threats and capabilities;
(3) activities that encompass the full range of threat reduction, vulnerability reduction, deterrence, incident response,
resiliency, and recovery policies and activities, including activities relating to computer network operations, information assurance, military missions, and intelligence missions to the extent
such activities relate to the security and stability of cyberspace;
and
(4) the industry best practices relating to software acquisitions and cybersecurity software or hardware acquisitions.
(c) PLAN.—Not later than 180 days after enactment of this
Act, the Secretary of Defense, in consultation with the President
of the Defense Acquisition University, shall submit to Congress
a comprehensive plan to implement the curricula developed under
subsection (a) that includes a comparison with similar existing
training curricula. Such plan shall include a list of resources
required for and costs associated with such implementation,
including—
(1) curriculum development;
(2) hiring instructors to teach the curriculum;
(3) facilities; or
(4) website development.
(d) IMPLEMENTATION.—Not later than one year after the date
on which the plan described in subsection (d) is submitted to the
Committees on Armed Services of the Senate and House of Representatives, the President of the Defense Acquisition University
shall offer the curricula developed under subsection (a) to covered
individuals.
(e) REPORT.—Not later than one year after the date on which
the plan described in subsection (d) is submitted to the Committees
on Armed Services of the Senate and House of Representatives,
the Secretary of Defense, in consultation with the President of
the Defense Acquisition University, shall submit to Congress a

H. R. 7776—322
report assessing the costs and benefits of requiring all covered
individuals to complete the curricula developed under subsection
(a).
(f) COVERED INDIVIDUALS DEFINED.—In this section, the term
‘‘covered individuals’’ means an individual serving in a position
designated under section 1721(b) of title 10, United States Code,
who is regularly consulted for software acquisitions or cybersecurity
software or hardware acquisitions.
SEC. 836. DEPARTMENT OF DEFENSE NATIONAL IMPERATIVE FOR
INDUSTRIAL SKILLS PROGRAM.

(a) IN GENERAL.—The Secretary of Defense, acting through
the Industrial Base Analysis and Sustainment program of the
Department of Defense, shall evaluate and further develop
workforce development training programs (as defined by the Secretary of Defense) for training the skilled industrial workers (as
defined by the Secretary of Defense) that are needed in the defense
industrial base through the National Imperative for Industrial
Skills program of the Department of Defense (or a successor program).
(b) PRIORITIES.—In carrying out this section, the Secretary shall
prioritize workforce development training programs that—
(1) are innovative, lab-based, or experientially-based;
(2) rapidly train skilled industrial workers for employment
with entities in the defense industrial base faster than traditional workforce development training programs and at the
scale needed to measurably reduce, as rapidly as possible, the
shortages of skilled industrial workers in the defense industrial
base, including modernization of required equipment and
training curricula;
(3) recruit skilled industrial workers who are manufacturing workers from underrepresented communities;
(4) provide students and skilled industrial workers with
the support needed to successfully participate in the defense
industrial base;
(5) address the specific manufacturing requirements and
skills that are unique to critical industrial sectors of the defense
industrial base as defined by the Secretary of Defense, such
as naval shipbuilding; and
(6) with respect to Federal workforce development training
programs in existence on or before the date of the enactment
of this Act—
(A) maximize the use of such Federal workforce
development training programs; or
(B) expand on the activities of such Federal workforce
development training programs.

Subtitle D—Provisions Relating to
Software and Technology
SEC. 841. GUIDELINES AND RESOURCES ON THE ACQUISITION OR
LICENSING OF INTELLECTUAL PROPERTY.

Section 3791 of title 10, United States Code, is amended—
(1) in the section heading, by striking ‘‘department of
defense’’ and inserting ‘‘Department of Defense’’; and
(2) by adding at the end the following new subsection:

H. R. 7776—323
‘‘(c) GUIDELINES AND RESOURCES.—
‘‘(1) IN GENERAL.—The Secretary of Defense, acting through
the Under Secretary of Defense for Acquisition and
Sustainment, shall develop guidelines and resources on the
acquisition or licensing of intellectual property, including—
‘‘(A) intellectual property strategies and other mechanisms supporting the use of modular open system
approaches (as defined in section 4401(b) of this title);
‘‘(B) evaluation and negotiation of intellectual property
licenses in competitive and non-competitive awards;
‘‘(C) models and best practices for specially negotiated
licenses, including specially negotiated licenses described
in section 3774(c) of this title; and
‘‘(D) definitions, key terms, examples, and case studies
that clarify differences between—
‘‘(i) detailed manufacturing and process data;
‘‘(ii) form, fit, and function data;
‘‘(iii) data required for operations, maintenance,
installation, and training;
‘‘(iv) modular system interfaces (as defined in section 4401(b) of this title); and
‘‘(v) technical data pertaining to an interface
between an item or process and other items or processes necessary for the segregation of an item or
process from, or the reintegration of that item or
process (or a functionally equivalent item or process)
with, other items or processes.
‘‘(2) GUIDELINES AND RESOURCES LIMIT.—The guidelines
and resources developed under paragraph (1) may not alter
or affect any authority or duty under this section or section
1707 of this title.
‘‘(3) REVIEW AND CONSULTATION.—In developing the guidelines and resources described in paragraph (1), the Secretary
shall—
‘‘(A) review the applicable statutory and regulatory
history, including among the definitions and key terms
in section 3771 of this title, to ensure consistency; and
‘‘(B) regularly consult with appropriate government
and industry persons and organizations.
‘‘(4) TRAINING.—The Secretary of Defense shall ensure that
the acquisition workforce receives training on the guidelines
and resources developed under paragraph (1).’’.
SEC. 842. MODIFICATION OF AUTHORITY OF THE DEPARTMENT OF
DEFENSE TO CARRY OUT CERTAIN PROTOTYPE PROJECTS.

Section 4022 of title 10, United States Code, is amended—
(1) in subsection (a)(2)—
(A) by striking ‘‘, and any follow-on production contract
or transaction that is awarded pursuant to subsection (f),’’
both places it appears;
(B) in subparagraph (A)(ii), by striking ‘‘; and’’ and
inserting a semicolon;
(C) in subparagraph (B)(ii), by striking the period at
the end and inserting ‘‘; and’’; and
(D) by adding at the end the following new subparagraph:

H. R. 7776—324
‘‘(C) may be exercised for a transaction for a follow-on
production contract or transaction that is awarded pursuant
to subsection (f) and expected to cost the Department of Defense
in excess of $100,000,000 (including all options) only if a covered
official—
‘‘(i) determines in writing that—
‘‘(I) the requirements of subsection (d) will be met;
and
‘‘(II) the use of the authority of this section is
essential to meet critical national security objectives;
and
‘‘(ii) notifies the congressional defense committees in
writing of the determinations required under clause (i)
at the time such authority is exercised.’’;
(2) in subsection (e)—
(A) by redesignating paragraphs (1) and (2) as paragraphs (2) and (4), respectively;
(B) by inserting before paragraph (2), as redesignated
by subparagraph (A), the following new paragraph:
‘‘(1) The term ‘covered official’ means—
‘‘(A) a service acquisition executive;
‘‘(B) the Director of the Defense Advanced Research
Projects Agency;
‘‘(C) the Director of the Missile Defense Agency;
‘‘(D) the Undersecretary of Defense for Acquisition and
Sustainment; or
‘‘(E) the Undersecretary of Defense for Research and
Engineering.’’; and
(C) by inserting after paragraph (2), as so redesignated,
the following new paragraph:
‘‘(3) The term ‘service acquisition executive’ has the
meaning given that term in section 101(a) of this title.’’; and
(3) in subsection (f)(2), in the matter preceding subparagraph (A), by striking ‘‘of section 2304 of this title,’’ and
inserting the following: ‘‘of chapter 221 of this title and even
if explicit notification was not listed within the request for
proposal for the transaction’’.
SEC. 843. OTHER TRANSACTION AUTHORITY CLARIFICATION.

Section 4022 of title 10, United States Code, as amended by
section 842, is further amended—
(1) in subsection (a)(1), by striking ‘‘military personnel and
the supporting’’ and inserting ‘‘personnel of the Department
of Defense or improving’’;
(2) in subsection (e), by adding at the end the following
new paragraph:
‘‘(5) The term ‘prototype project’ includes a project that
addresses—
‘‘(A) a proof of concept, model, or process, including
a business process;
‘‘(B) reverse engineering to address obsolescence;
‘‘(C) a pilot or novel application of commercial technologies for defense purposes;
‘‘(D) agile development activity;
‘‘(E) the creation, design, development, or demonstration of operational utility; or

H. R. 7776—325
‘‘(F) any combination of subparagraphs (A) through
(E).’’; and
(3) by adding at the end the following new subsection:
‘‘(i) PILOT AUTHORITY FOR USE OF OTHER TRANSACTIONS FOR
INSTALLATION OR FACILITY PROTOTYPING.—
‘‘(1) IN GENERAL.—The Secretary of Defense or the Secretary of a military department may establish a pilot program
under which the Secretary may, under the authority of this
section, carry out prototype projects that are directly relevant
to enhancing the ability of the Department of Defense to prototype the design, development, or demonstration of new construction techniques or technologies to improve military installations
or facilities (as such terms are defined in section 2801 of this
title).
‘‘(2) LIMITS.—In carrying out prototype projects under the
pilot program established under paragraph (1)—
‘‘(A) not more than two prototype projects may begin
to be carried out per fiscal year under such pilot program;
and
‘‘(B) the aggregate value of all transactions entered
into under such pilot program may not exceed
$200,000,000.
‘‘(3) SUNSET.—
‘‘(A) IN GENERAL.—Except as provided in subparagraph
(B), the authority to carry out prototype projects under
the pilot program established under paragraph (1) shall
terminate on September 30, 2025.
‘‘(B) ONGOING PROJECT EXCEPTION.—Subparagraph (A)
shall not apply with respect to prototype projects being
carried out under the pilot program established under paragraph (1) on the date described in subparagraph (A).’’.
SEC. 844. PRIZES FOR ADVANCED TECHNOLOGY ACHIEVEMENTS.

Section 4025 of title 10, United States Code, is amended—
(1) in subsection (a)—
(A) by striking ‘‘that have’’ and inserting ‘‘that—’’
‘‘(1) have’’;
(B) by striking ‘‘Defense.’’ and inserting ‘‘Defense; or’’;
and
(C) by adding at the end the following new paragraph:
‘‘(2) demonstrate management practices that improve the
schedule or performance, reduce the costs, or otherwise support
the transition of technology into acquisition programs or operational use.’’;
(2) in subsection (b), by striking ‘‘of research results, technology developments, and prototypes’’;
(3) in subsection (d), by striking ‘‘to acquire, support, or
stimulate basic, advanced and applied research, technology
development, or prototype projects’’;
(4) in subsection (f), by striking ‘‘section 2304’’ and inserting
‘‘chapter 221’’; and
(5) in subsection (g)(2)—
(A) by redesignating subparagraphs (B) and (C) as
subparagraphs (D) and (E), respectively; and
(B) by inserting after subparagraph (A) the following
new subparagraphs:

H. R. 7776—326
‘‘(B) if applicable, a summary of the management practice that contributed to an improvement to schedule or
performance or a reduction in cost relating to the transition
of technology;
‘‘(C) an identification of any program executive officer
(as defined in section 1737 of this title) responsible for
implementation or oversight of research results, technology
development, prototype development, or management practices (as applicable) for which an award was made under
this section, and a brief summary of lessons learned by
such program executive officer in carrying out such
implementation or oversight;’’.
SEC. 845. CONGRESSIONAL NOTIFICATION FOR PILOT PROGRAM TO
ACCELERATE THE PROCUREMENT AND FIELDING OF
INNOVATIVE TECHNOLOGIES.

Section 834 of the National Defense Authorization Act for Fiscal
Year 2022 (Public Law 117–81; 135 Stat. 1835; 10 U.S.C. 4061
note) is amended—
(1) by redesignating subsection (f) as subsection (g); and
(2) by inserting after subsection (e) the following new subsection:
‘‘(f) CONGRESSIONAL NOTIFICATION.—The Secretary of Defense
shall notify the congressional defense committees within 30 days
after funding has been provided for a proposal selected for an
award under the pilot program established under this section.’’.
SEC. 846. REPORT ON SOFTWARE DELIVERY TIMES.

(a) REPORT.—Not later than one year after the date of the
enactment of this Act, and annually thereafter until December
31, 2028, the Under Secretary of Defense for Acquisition and
Sustainment, in consultation with the Chief Information Officer
of the Department of Defense and the Chief Digital and Artificial
Intelligence Officer, shall submit to the congressional defense
committees a report on the following:
(1) A description of covered software delivered during the
fiscal year preceding the date of the report that is being developed using iterative development, including a description of
the capabilities delivered for operational use.
(2) For such covered software not developed using iterative
development, an explanation for not using iterative development and a description of the development method used.
(3) For such covered software being developed using
iterative development, the frequency with which capabilities
of such covered software were delivered, disaggregated as follows:
(A) Covered software for which capabilities were delivered during period of less than three months.
(B) Covered software for which capabilities were delivered during period of more than three months and less
than six months.
(C) Covered software for which capabilities were delivered during period of more than six months and less than
nine months.
(D) Covered software for which capabilities were delivered during period of more than nine months and less
than 12 months.

H. R. 7776—327
(4) With respect to covered software described in paragraph
(3) for which capabilities of such covered software were not
delivered in fewer than 12 months, an explanation of why
such delivery was not possible.
(b) DEFINITIONS.—In this section:
(1) The term ‘‘Chief Digital and Artificial Intelligence
Officer’’ means—
(A) the official designated as the Chief Digital and
Artificial Intelligence Officer of the Department of Defense
pursuant to the memorandum of the Secretary of Defense
titled ‘‘Establishment of the Chief Digital and Artificial
Intelligence Officer’’ dated December 8, 2021; or
(B) if there is no official designated as such Officer,
the official within the Office of the Secretary of Defense
with primary responsibility for digital and artificial intelligence matters.
(2) The term ‘‘covered software’’ means software that is
being developed that—
(A) was acquired using a software acquisition pathway
established under section 800 of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116–
92); or
(B) is a covered defense business system, as defined
in section 2222(i) of title 10, United States Code.
(3) The term ‘‘iterative development’’ has the meaning given
the term ‘‘agile or iterative development’’ in section 891 of
the National Defense Authorization Act for Fiscal Year 2018
(Public Law 10 115–91; 131 Stat. 1509; 10 U.S.C. 1746 note).

Subtitle E—Industrial Base Matters
SEC. 851. MODIFICATION TO THE NATIONAL TECHNOLOGY AND INDUSTRIAL BASE.

Section 4801(1) of title 10, United States Code, is amended
by inserting ‘‘New Zealand,’’ after ‘‘Australia,’’.
SEC. 852. MODIFICATION TO MISCELLANEOUS LIMITATIONS ON THE
PROCUREMENT OF GOODS OTHER THAN UNITED STATES
GOODS.

Section 4864 of title 10, United States Code, as amended by
section 853, is further amended by adding at the end the following
new subsection:
‘‘(l) PERIODIC REVIEW.—
‘‘(1) RECOMMENDATION.—Not later than November 1, 2024,
and every five years thereafter, the Under Secretary of Defense
for Acquisition and Sustainment shall review each item
described in subsections (a) and (e) of this section and submit
to the congressional defense committees, in writing, one of
the following recommendations:
‘‘(A) Recommend continued inclusion of the item under
this section.
‘‘(B) Recommend continued inclusion of the item under
this section with modifications.
‘‘(C) Recommend discontinuing inclusion of the item
under this section.

H. R. 7776—328
‘‘(2) ELEMENTS.—Each review required under paragraph
(1) shall include, with respect to the five-year period preceding
the date of submission of the written determination related
to such a review, the following elements:
‘‘(A) The criticality of the item reviewed to a military
unit’s mission accomplishment or other national security
objectives.
‘‘(B) The extent to which such item is fielded in current
programs of record.
‘‘(C) The number of such items to be procured by current programs of record.
‘‘(D) The extent to which cost and pricing data for
such item has been deemed fair and reasonable.
‘‘(3) JUSTIFICATION.—The written determination required
under paragraph (1) shall also include the findings of the
applicable review conducted under such paragraph and any
key justifications for the recommendation.’’.
SEC. 853. REQUIREMENTS FOR THE PROCUREMENT OF CERTAIN
COMPONENTS FOR CERTAIN NAVAL VESSELS AND AUXILIARY SHIPS.

(a) REQUIREMENT THAT CERTAIN AUXILIARY SHIP COMPONENTS
BE MANUFACTURED IN THE NATIONAL TECHNOLOGY AND INDUSTRIAL
BASE.—
(1) TECHNICAL AMENDMENT.—Section 4864 of title 10,
United States Code, is amended by redesignating subsection
(l) (relating to ‘‘Implementation of auxiliary ship component
limitation’’) as subsection (k).
(2) COMPONENTS FOR AUXILIARY SHIPS.—Paragraph (4) of
section 4864(a) of title 10, United States Code, is amended—
(A) in the subsection heading, by inserting ‘‘AND T–
ARC’’ after ‘‘T–AO 205’’; and
(B) by inserting ‘‘and T–ARC’’ after ‘‘T–AO 205’’.
(b) REGULATIONS.—Not later than June 1, 2023, the Secretary
of Defense shall issue regulations for carrying out section 4864(j)
of title 10, United States Code.
SEC. 854. MODIFICATIONS TO THE PROCUREMENT TECHNICAL ASSISTANCE PROGRAM.

(a) ADMINISTRATIVE AND OTHER LOGISTICAL COSTS.—Section
4961 of title 10, United States Code, is amended—
(1) in the matter preceding paragraph (1), by striking
‘‘Director of the Defense Logistics Agency’’ and inserting ‘‘Secretary’’;
(2) in paragraph (1), by striking ‘‘three’’ and inserting
‘‘four’’; and
(3) in paragraph (2)—
(A) in the matter preceding subparagraph (A) by
striking ‘‘Director’’ and inserting ‘‘Secretary’’; and
(B) in subparagraph (A), by inserting ‘‘, including
meetings of an association recognized under section
4954(f),’’ after ‘‘meetings’’.
(b) COOPERATIVE AGREEMENTS.—Section 4954 of title 10, United
States Code, is amended by adding at the end the following new
subsections:
‘‘(f) ASSOCIATION RECOGNITION AND DUTIES.—Eligible entities
that provide procurement technical assistance pursuant to this
chapter may form an association to pursue matters of common

H. R. 7776—329
concern. If more than a majority of such eligible entities are members of such an association, the Secretary shall—
‘‘(1) recognize the existence and activities of such an
association; and
‘‘(2) jointly develop with such association a model cooperative agreement that may be used at the option of the Secretary
and an eligible entity.’’.
(c) REGULATIONS.—Section 4953 of title 10, United States Code,
is amended by inserting ‘‘, and shall consult with an association
recognized under section 4954(f) regarding any revisions to such
regulations’’ before the period at the end.
(d) FUNDING.—Section 4955(a)(1) of title 10, United States Code,
is amended by striking ‘‘$1,000,000’’ and inserting ‘‘$1,500,000’’.
SEC. 855. CODIFICATION OF PROHIBITION ON CERTAIN PROCUREMENTS FROM THE XINJIANG UYGHUR AUTONOMOUS
REGION.

(a) REPEAL.—Section 848 of the National Defense Authorization
Act for Fiscal Year 2022 (Public Law 117–81; 10 U.S.C. 4651
note prec.) is repealed.
(b) PROHIBITION ON CERTAIN PROCUREMENTS FROM THE
XINJIANG UYGHUR AUTONOMOUS REGION.—Chapter 363 of title 10,
United States Code, is amended by adding at the end the following
new section:
‘‘§ 4661. Prohibition on certain procurements from the
Xinjiang Uyghur Autonomous Region
‘‘(a) PROHIBITION ON THE AVAILABILITY OF FUNDS FOR CERTAIN
PROCUREMENTS FROM XUAR.—None of the funds authorized to
be appropriated by a national defense authorization Act or any
other Act, or otherwise made available for any fiscal year for the
Department of Defense, may be obligated or expended to knowingly
procure any products mined, produced, or manufactured wholly
or in part by forced labor from XUAR or from an entity that
has used labor from within or transferred from XUAR as part
of a ‘poverty alleviation’ or ‘pairing assistance’ program.
‘‘(b) DEFINITIONS.—In this section, the terms ‘forced labor’ and
‘XUAR’ have the meanings given, respectively, in section 2496 of
this title.’’.
(c) CLERICAL AMENDMENT.—The table of contents for such
chapter is amended by adding at the end the following new item:
‘‘4661. Prohibition on certain procurements from the Xinjiang Uyghur Autonomous
Region.’’.

(d) POLICY REQUIRED.—Not later than 180 days after the date
of the enactment of this Act, the Secretary of Defense shall issue
a policy to require that an offeror or awardee of a Department
of Defense contract shall make a good faith effort to determine
that forced labor from XUAR, as described in section 4661 of title
10, United States Code (as amended by subsection (b)), will not
be used in the performance of such contract.
SEC. 856. CODIFICATION OF THE DEPARTMENT OF DEFENSE MENTOR–
PROTEGE PROGRAM.

(a) IN GENERAL.—Section 831 of the National Defense
Authorization Act for Fiscal Year 1991 (10 U.S.C. 4901 note prec.)
is transferred to subchapter I of chapter 387 of title 10, United

H. R. 7776—330
States Code, inserted after section 4901, and redesignated as section
4902.
(b) AMENDMENTS.—Section 4902 of title 10, United States Code,
as so transferred and redesignated, is amended—
(1) in the section heading, by striking ‘‘MENTOR-PROTEGE
PILOT’’ and inserting ‘‘DEPARTMENT OF DEFENSE MENTOR-PROTEGE’’;
(2) in the heading for subsection (a), by striking ‘‘PILOT’’;
(3) in subsections (a) and (c), by striking ‘‘pilot’’ each place
it appears;
(4) in subsection (d)(1)(B)(iii)—
(A) in subclause (I), by striking ‘‘$100,000,000’’ and
inserting ‘‘$25,000,000’’; and
(B) in subclause (II), by striking ‘‘subsection (k)’’ and
inserting ‘‘subsection (j)’’;
(5) in subsection (e)(2), by striking ‘‘two years’’ each place
it appears and inserting ‘‘three years’’;
(6) in subsection (f)—
(A) in paragraph (1)(B), by inserting ‘‘manufacturing,
test and evaluation,’’ after ‘‘inventory control,’’; and
(B) in paragraph (6)(B), by striking ‘‘pursuant to’’ and
all that follows through the semicolon at the end and
inserting ‘‘pursuant to chapter 388 of this title;’’;
(7) in subsection (g)(3)(C), by striking ‘‘subsection (k)’’ and
inserting ‘‘subsection (j)’’;
(8) by striking subsections (j) and (n);
(9) by redesignating subsections (k) through (m) as subsections (j) through (l), respectively;
(10) by redesignating subsection (o) as subsection (n);
(11) in subsection (j), as so redesignated—
(A) by striking ‘‘pilot’’ each place it appears;
(B) by striking ‘‘by which mentor firms’’ and inserting
‘‘by which the parties’’; and
(C) by striking ‘‘The Secretary shall publish’’ and all
that follows through ‘‘270 days after the date of the enactment of this Act.’’;
(12) in paragraph (7)(B) of subsection (k), as so redesignated, by striking ‘‘pursuant to’’ and all that follows through
‘‘; or’’ and inserting ‘‘pursuant to chapter 388 of this title;
or’’;
(13) in subsection (l), as so redesignated, by striking ‘‘subsection (l)’’ and inserting ‘‘subsection (k)’’;
(14) by inserting after subsection (l), as so redesignated,
the following new subsection:
‘‘(m) ANNUAL COLLECTION OF PERFORMANCE DATA.—The
Director of the Office of Small Business Programs shall—
‘‘(1) maintain outcome-based performance goals and
annually collect data through an automated information system
(if practicable) assessing such goals; and
‘‘(2) conduct an independent review of the Mentor-Protege
Program established under this section at least once every
three years.’’; and
(15) by amending subsection (n), as so redesignated, to
read as follows:
‘‘(n) DEFINITIONS.—In this section:
‘‘(1) The term ‘affiliation’, with respect to a relationship
between a mentor firm and a protege firm, means a relationship

H. R. 7776—331
described under section 121.103 of title 13, Code of Federal
Regulations (or any successor regulation).
‘‘(2) The term ‘disadvantaged small business concern’ means
a firm that is not more than the size standard corresponding
to its primary North American Industry Classification System
code, is not owned or managed by individuals or entities that
directly or indirectly have stock options or convertible securities
in the mentor firm, and is—
‘‘(A) a small business concern owned and controlled
by socially and economically disadvantaged individuals;
‘‘(B) a business entity owned and controlled by an
Indian tribe as defined by section 8(a)(13) of the Small
Business Act (15 U.S.C. 637(a)(13));
‘‘(C) a business entity owned and controlled by a Native
Hawaiian Organization as defined by section 8(a)(15) of
the Small Business Act (15 U.S.C. 637(a)(15));
‘‘(D) a qualified organization employing severely disabled individuals;
‘‘(E) a small business concern owned and controlled
by women, as defined in section 8(d)(3)(D) of the Small
Business Act (15 U.S.C. 637(d)(3)(D));
‘‘(F) a small business concern owned and controlled
by service–disabled veterans (as defined in section 8(d)(3)
of the Small Business Act (15 U.S.C. 637(d)(3)));
‘‘(G) a qualified HUBZone small business concern (as
defined in section 31(b) of the Small Business Act (15
U.S.C. 657a(b))); or
‘‘(H) a small business concern that—
‘‘(i) is a nontraditional defense contractor, as such
term is defined in section 3014 of this title; or
‘‘(ii) currently provides goods or services in the
private sector that are critical to enhancing the
capabilities of the defense supplier base and fulfilling
key Department of Defense needs.
‘‘(3) The term ‘historically Black college and university’
means any of the historically Black colleges and universities
referred to in section 2323 of this title, as in effect on March
1, 2018.
‘‘(4) The term ‘minority institution of higher education’
means an institution of higher education with a student body
that reflects the composition specified in section 312(b)(3), (4),
and (5) of the Higher Education Act of 1965 (20 U.S.C.
1058(b)(3), (4), and (5)).
‘‘(5) The term ‘qualified organization employing the severely
disabled’ means a business entity operated on a for-profit or
nonprofit basis that—
‘‘(A) uses rehabilitative engineering to provide employment opportunities for severely disabled individuals and
integrates severely disabled individuals into its workforce;
‘‘(B) employs severely disabled individuals at a rate
that averages not less than 20 percent of its total workforce;
‘‘(C) employs each severely disabled individual in its
workforce generally on the basis of 40 hours per week;
and
‘‘(D) pays not less than the minimum wage prescribed
pursuant to section 6 of the Fair Labor Standards Act

H. R. 7776—332
(29 U.S.C. 206) to those employees who are severely disabled individuals.
‘‘(6) The term ‘severely disabled individual’ means an individual who is blind (as defined in section 8501 of title 41)
or a severely disabled individual (as defined in such section).
‘‘(7) The term ‘small business concern’ has the meaning
given such term under section 3 of the Small Business Act
(15 U.S.C. 632).
‘‘(8) The term ‘small business concern owned and controlled
by socially and economically disadvantaged individuals’ has
the meaning given such term in section 8(d)(3)(C) of the Small
Business Act (15 U.S.C. 637(d)(3)(C)).
‘‘(9) The term ‘subcontracting participation goal’, with
respect to a Department of Defense contract, means a goal
for the extent of the participation by disadvantaged small business concerns in the subcontracts awarded under such contract,
as established pursuant to section 8(d) of the Small Business
Act (15 U.S.C. 637(d)).’’.
(c) CLERICAL AMENDMENT.—The table of sections for subchapter
I of chapter 387 of title 10, United States Code, is amended by
adding at the end the following new item:
‘‘4902. Department of Defense Mentor–Protege Program.’’.

(d) PROTEGE TECHNICAL REIMBURSEMENT PILOT PROGRAM.—
(1) IN GENERAL.—Not later than July 1, 2023, the Director
of the Office of Small Business Programs of the Department
of Defense (as appointed pursuant to section 144 of title 10,
United States Code) shall establish a pilot program under which
a protege firm may receive up to 25 percent of the reimbursement for which the mentor firm of such protege firm is eligible
under the Mentor-Protege Program for a covered activity
described in paragraph (2).
(2) ACTIVITY DESCRIBED.—A covered activity under this
paragraph is an engineering, software development, or manufacturing customization that the protege firm implements in
order to ensure that a technology developed by the protege
firm will be ready for integration with a program or system
of the Department of Defense.
(3) DEFINITIONS.—In this subsection:
(A) The terms ‘‘mentor firm’’, ‘‘protege firm’’ have the
meanings given under section 4902 of title 10, United
States Code, as amended by this section.
(B) The term ‘‘Mentor-Protege Program’’ means the
Mentor-Protege Program established under section 4902
of title 10, United States Code, as amended by this section.
(4) TERMINATION.—The pilot program established under
paragraph (1) shall terminate on the date that is five years
after the date on which the pilot program is established.
(e) CONFORMING AMENDMENTS.—
(1) BUY INDIAN ACT.—Section 23(a)(2) of the Act of June
25, 1910 (commonly known as the ‘‘Buy Indian Act’’) (36 Stat.
861, 25 U.S.C. 47(a)(2)) is amended by striking ‘‘section 831(c)
of the National Defense Authorization Act for Fiscal Year 1991
(10 U.S.C. 2302 note; Public Law 101–510)’’ and inserting ‘‘section 4902(c) of title 10, United States Code’’.
(2) SMALL BUSINESS ACT.—Section 8(d)(12) of the Small
Business Act (15 U.S.C. 637(d)(12)) is amended—

H. R. 7776—333
(A) by striking ‘‘the pilot Mentor-Protege Program
established pursuant to section 831 of the National Defense
Authorization Act for Fiscal Year 1991 (Public Law 101–
510; 10 U.S.C. 2301 note)’’ and inserting ‘‘the MentorProtege Program established under section 4902 of title
10, United States Code,’’; and
(B) by striking ‘‘subsection (g)’’ and inserting ‘‘subsection (f)’’.
(f) REGULATIONS.—Not later than December 31, 2023, the Secretary of Defense shall issue regulations for carrying out section
4902 of title 10, United States Code, as amended by this section.
(g) AGREEMENTS UNDER PILOT PROGRAM.—The amendments
made by this section shall not apply with respect to any agreement
entered into under the program as established under section 831
of the National Defense Authorization Act for Fiscal Year 1991
(Public Law 101–510; 104 Stat. 1607) before the date of the enactment of this Act.
SEC. 857. PROCUREMENT REQUIREMENTS RELATING TO RARE EARTH
ELEMENTS AND STRATEGIC AND CRITICAL MATERIALS.

(a) DISCLOSURES CONCERNING RARE EARTH ELEMENTS AND
STRATEGIC AND CRITICAL MATERIALS BY CONTRACTORS OF DEPARTMENT OF DEFENSE.—
(1) REQUIREMENT.—Beginning on the effective date of this
subsection, the Secretary of Defense shall—
(A) require that any contractor that provides to the
Department of Defense a system with a permanent magnet
that contains rare earth elements or strategic and critical
materials disclose, after undertaking a commercially
reasonable inquiry and along with delivery of the system,
the provenance of the magnet; and
(B) safeguard such disclosures in accordance with
applicable classification level required by the associated
programs.
(2) ELEMENTS.—A disclosure under paragraph (1) shall
include an identification of the country or countries in which—
(A) any rare earth elements and strategic and critical
materials used in the magnet were mined;
(B) such elements and minerals were refined into
oxides;
(C) such elements and minerals were made into metals
and alloys; and
(D) the magnet was sintered or bonded and magnetized.
(3) IMPLEMENTATION OF SUPPLY CHAIN TRACKING SYSTEM.—
If a contractor cannot make the disclosure required by paragraph (1) with respect to a system described in that paragraph,
the Secretary shall require the contractor to establish and
implement a supply chain tracking system in order to make
the disclosure to the fullest extent possible not later than
180 days after the contractor provides the system to the Department of Defense. The tracking system shall—
(A) include a description of the efforts taken by the
contractor to date to make the disclosure required by paragraph (1);
(B) take into account the possible refusal of certain
foreign entities to provide the contractor the information

H. R. 7776—334
necessary to make the disclosure required by paragraph
(1); and
(C) require the contractor to report to the Secretary
the name, location, and other identifying information of
any entities which refuse to provide the contractor with
the information necessary to make the disclosure required
by paragraph (1).
(4) WAIVERS.—
(A) IN GENERAL.—The Secretary may waive a requirement under paragraph (1) or (3) with respect to a system
described in paragraph (1) for a period of not more than
180 days if the Secretary certifies to the Committees on
Armed Services of the Senate and the House of Representatives that—
(i) the continued procurement of the system is
necessary to meet the demands of a national emergency
declared under section 201 of the National Emergencies
Act (50 U.S.C. 1621); or
(ii) a contractor that cannot currently make the
disclosure required by paragraph (1) is making significant efforts to comply with the requirements of that
paragraph.
(B) WAIVER RENEWALS.—The Secretary may renew a
waiver as many times as the Secretary considers appropriate, provided that the Secretary submits an updated
certification to the committees.
(C) LIMITATION.—The Secretary may not delegate this
waiver authority below the level of Assistant Secretary
of Defense, a senior acquisition executive (as defined in
section 101(a) of title 10, United States Code), or a command acquisition executive (as described in section
167(e)(4)(C) of title 10, United States Code) or equivalent.
(5) BRIEFING REQUIRED.—
(A) IN GENERAL.—Not later than 30 days after the
submission of each report required by subsection (c)(3),
the Secretary of Defense shall provide to the Committees
on Armed Services of the Senate and the House of Representatives a briefing that includes—
(i) a summary of the disclosures made under this
subsection;
(ii) an assessment of the extent of reliance by
the United States on foreign countries, and especially
countries that are not allies of the United States, for
rare earth elements and strategic and critical materials;
(iii) a determination with respect to which systems
described in paragraph (1) are of the greatest concern
for interruptions of supply chains with respect to rare
earth elements and strategic and critical materials;
and
(iv) any suggestions for legislation or funding that
would mitigate security gaps in such supply chains.
(B) FORM.—To the extent practicable, each briefing
required under subparagraph (A) shall be in an unclassified
form, but may contain a classified annex.
(6) EFFECTIVE DATE.—The requirements described in this
subsection shall take effect—

H. R. 7776—335
(A) not earlier than 30 months after the date of enactment of this Act; and
(B) after the Secretary of Defense certifies to the
Committees on Armed Services of the Senate and the House
of Representatives that the Department has established
a process to ensure that the information collection requirements of this subsection present no national security risks,
or that any such risks have been fully mitigated.
(b) EXPANSION OF RESTRICTIONS ON PROCUREMENT OF MILITARY
AND DUAL-USE TECHNOLOGIES BY CHINESE MILITARY COMPANIES.—
Section 1211 of the National Defense Authorization Act for Fiscal
Year 2006 (Public Law 109–163; 10 U.S.C. 4651 note prec.) is
amended—
(1) in the section heading, by striking ‘‘COMMUNIST CHINESE MILITARY COMPANIES’’ and inserting ‘‘CHINESE MILITARY
COMPANIES’’;
(2) in subsection (a), by inserting after ‘‘military company’’
the following: ‘‘, any Chinese military company, any Non-SDN
Chinese military-industrial complex company, or any other covered company’’;
(3) by amending subsection (b) to read as follows:
‘‘(b) GOODS AND SERVICES COVERED.—
‘‘(1) IN GENERAL.—For purposes of subsection (a), and
except as provided in paragraph (2), the goods and services
described in this subsection are goods and services—
‘‘(A) on the munitions list of the International Traffic
in Arms Regulations; or
‘‘(B) on the Commerce Control List that—
‘‘(i) are classified in the 600 series; or
‘‘(ii) contain strategic and critical materials, rare
earth elements, or energetic materials used to manufacture missiles or munitions.
‘‘(2) EXCEPTIONS.—Goods and services described in this subsection do not include goods or services procured—
‘‘(A) in connection with a visit by a vessel or an aircraft
of the United States Armed Forces to the People’s Republic
of China;
‘‘(B) for testing purposes; or
‘‘(C) for purposes of gathering intelligence.’’; and
(4) in subsection (e)—
(A) by striking paragraph (3);
(B) by redesignating paragraphs (1) and (2) as paragraphs (3) and (5), respectively;
(C) by inserting before paragraph (3), as redesignated
by subparagraph (B), the following:
‘‘(1) The term ‘Chinese military company’ has the meaning
given that term by section 1260H(d)(1) of the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year
2021 (Public Law 116–283; 10 U.S.C. 113 note).
‘‘(2) The term ‘Commerce Control List’ means the list maintained by the Bureau of Industry and Security and set forth
in Supplement No. 1 to part 774 of the Export Administration
Regulations.’’;
(D) by inserting after paragraph (3), as so redesignated,
the following:

H. R. 7776—336
‘‘(4) The term ‘Export Administration Regulations’ has the
meaning given that term in section 1742 of the Export Control
Reform Act of 2018 (50 U.S.C. 4801).’’; and
(E) by adding at the end the following:
‘‘(6) The term ‘Non-SDN Chinese military-industrial complex company’ means any entity on the Non-SDN Chinese Military-Industrial Complex Companies List—
‘‘(A) established pursuant to Executive Order 13959
(50 U.S.C. 1701 note; relating to addressing the threat
from securities investments that finance Communist Chinese military companies), as amended before, on, or after
the date of the enactment of the National Defense
Authorization Act for Fiscal Year 2023; and
‘‘(B) maintained by the Office of Foreign Assets Control
of the Department of the Treasury.
‘‘(7) The term ‘other covered company’ means a company
that—
‘‘(A) is owned or controlled by the government of the
People’s Republic of China; and
‘‘(B) is certified by the Secretary of Defense to the
congressional defense committees to be a company that
must be covered by this section for national security reasons.
‘‘(8) The term ‘strategic and critical materials’ means materials designated as strategic and critical under section 3(a)
of the Strategic and Critical Materials Stock Piling Act (50
U.S.C. 98b(a)).’’; and
(5) by adding at the end the following new subsection:
‘‘(f) EFFECTIVE DATE.—With respect to goods and services
described in clause (ii) of subparagraph (b)(1)(B), the prohibition
shall take effect 180 days after the date on which the Secretary
of Defense certifies to the congressional defense committees that
a sufficient number of commercially viable providers exist outside
of the People’s Republic of China that collectively can provide the
Department of Defense with satisfactory quality and sufficient
quantity of such goods or services as and when needed at United
States market prices.’’.
(c) REVIEW OF COMPLIANCE WITH CONTRACTING REQUIREMENTS.—
(1) IN GENERAL.—Not later than one year after the date
of the enactment of this Act, and periodically thereafter until
the termination date specified in paragraph (5), the Comptroller
General of the United States shall assess the extent of the
efforts of the Secretary of Defense to comply with the requirements of—
(A) subsection (a);
(B) section 1211 of the National Defense Authorization
Act for Fiscal Year 2006, as amended by subsection (b);
and
(C) section 4872 of title 10, United States Code.
(2) BRIEFING REQUIRED.—
(A) IN GENERAL.—The Comptroller General shall
periodically, until the termination date specified in paragraph (5), provide to the Committees on Armed Services
of the Senate and the House of Representatives a briefing
on the results of the assessments conducted under paragraph (1) that includes an assessment of—

H. R. 7776—337
(i) the inclusion by the Department of Defense
of necessary contracting clauses in relevant contracts
to meet the requirements described in subparagraphs
(A), (B), and (C) of paragraph (1); and
(ii) the efforts of the Department of Defense to
assess the compliance of contractors with such clauses.
(B) FORM.—To the extent practicable, each briefing
required under subparagraph (A) shall be in an unclassified
form, but may contain a classified annex.
(3) REPORT REQUIRED.—
(A) IN GENERAL.—The Comptroller General shall, not
less frequently than every 2 years until the termination
date specified in paragraph (5), submit to the Committees
on Armed Services of the Senate and the House of Representatives a report on the results of the assessments
conducted under paragraph (1).
(B) FORM.—To the extent practicable, each report
required under subparagraph (A) shall be in an unclassified
form, but may contain a classified annex.
(4) REFERRAL.—If, in conducting an assessment under paragraph (1), the Comptroller General determines that a contractor
has willfully or recklessly failed to comply with any of the
requirements described in subparagraphs (A), (B), and (C) of
paragraph (1), the Comptroller General may refer the matter,
as appropriate, for further examination and possible enforcement actions.
(5) TERMINATION.—The requirements of this subsection
shall terminate on the date that is 5 years after the date
of the enactment of this Act.
(d) STRATEGIC AND CRITICAL MATERIALS DEFINED.—In this section, the term ‘‘strategic and critical materials’’ means materials
designated as strategic and critical under section 3(a) of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98b(a)).
SEC. 858. ANALYSES OF CERTAIN ACTIVITIES FOR ACTION TO ADDRESS
SOURCING AND INDUSTRIAL CAPACITY.

(a) ANALYSIS REQUIRED.—
(1) IN GENERAL.—The Secretary of Defense, acting through
the Under Secretary of Defense for Acquisition and
Sustainment and other appropriate officials, shall review the
items under subsection (c) to determine and develop appropriate
actions, consistent with the policies, programs, and activities
required under subpart I of part V of subtitle A of title 10,
United States Code, chapter 83 of title 41, United States Code,
and the Defense Production Act of 1950 (50 U.S.C. 4501 et
seq.), including—
(A) restricting procurement, with appropriate waivers
for cost, emergency requirements, and non-availability of
suppliers, including restricting procurement to—
(i) suppliers in the United States;
(ii) suppliers in the national technology and industrial base (as defined in section 4801 of title 10, United
States Code);
(iii) suppliers in other allied nations; or
(iv) other suppliers;

H. R. 7776—338
(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, 2024,
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 2024 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 of such title.
(C) Department of Defense technology and industrial
base policy guidance prescribed under section 4811(c) of
such title.
(D) Activities to modernize acquisition processes to
ensure the integrity of the industrial base pursuant to
section 4819 of such title.
(E) Defense memoranda of understanding and related
agreements considered in accordance with section 4851
of such title.
(F) Industrial base or acquisition policy changes.
(G) Legislative proposals for changes to relevant statutes which the Department shall consider, develop, and
submit to the Committee on Armed Services of the Senate
and the Committee on Armed Services of the House of
Representatives not less frequently than once per fiscal
year.
(H) Other actions as the Secretary of Defense determines appropriate.

H. R. 7776—339
(c) LIST OF GOODS AND
TIONS, AND ACTIONS.—The

SERVICES FOR ANALYSES, RECOMMENDAitems described in this subsection are

the following:
(1) Solar components for satellites.
(2) Satellite ground station service contracts.
(3) Naval vessel shafts and propulsion system components
(including reduction gears and propellers).
(4) Infrastructure or equipment for a passenger boarding
bridge at a military airport designated by the Secretary of
Transportation under section 47118(a) of title 49, United States
Code.
(5) Flags of the United States.
(6) Natural rubber from herbaceous plants for military
applications.
(7) Alternative proteins as sustainable and secure food
sources.
(8) Carbon fiber.
SEC. 859. DEMONSTRATION EXERCISE OF ENHANCED PLANNING FOR
INDUSTRIAL MOBILIZATION AND SUPPLY CHAIN MANAGEMENT.

(a) DEMONSTRATION EXERCISE REQUIRED.—Not later than
December 31, 2024, the Secretary of Defense shall conduct a demonstration exercise of industrial mobilization and supply chain
management planning capabilities in support of one or more operational or contingency plan use cases, as selected in consultation
with the Chairman of the Joint Chiefs of Staff and the Under
Secretary of Defense for Acquisition and Sustainment.
(b) ELEMENTS.—The demonstration exercise required under
subsection (a) shall include the following elements:
(1) Use of a current program that is both fielded and
still in production from each military department, Defense
Agency, and Department of Defense Field Activity in order
to model a notional plan for mobilization or supply chain
management, as associated with the selected operational or
contingency plans.
(2) The exercise of processes and authorities that support
the Department of Defense for industrial mobilization in support of declared hostilities or other contingency operations.
(3) The identification of process improvements or gaps in
resources, capabilities, or authorities that require remediation,
including those related to government or contractor production
facilities, tooling, or workforce development.
(4) The implementation of analytical tools and processes
to monitor and assess the health of the industrial base and
to use near real-time data and visualization capabilities in
making production and distribution decisions, with an emphasis
on identifying, assessing, and demonstrating commercially
available tools.
(5) The establishment and tracking of goals and metrics
to support institutionalization of defense industrial base health
assessment and planning.
(c) BRIEFING REQUIRED.—Not later than November 1, 2023,
the Secretary shall provide to the congressional defense committees
an interim briefing on the demonstration exercise required under
subsection (a), including—

H. R. 7776—340
(1) an identification of the programs and use cases to
be demonstrated;
(2) a description of methodology for executing the demonstration exercise, including analytical tools or metrics identified to support the process; and
(3) any preliminary findings.
(d) ASSESSMENT.—Not later than March 1, 2025, the Secretary
shall submit to the congressional defense committees a report
assessing the demonstration exercise required under subsection
(a), including a description of—
(1) the programs and use cases considered in this demonstration exercise;
(2) the outcomes of the activities required under subsection
(b);
(3) outcomes and conclusions;
(4) lessons learned; and
(5) any recommendations for legislative action that may
be required as a result.
(e) DEFINITIONS.—In this section, the terms ‘‘military department’’, ‘‘Defense Agency’’, and ‘‘Defense Field Activity’’ have the
meanings given those terms in section 101 of title 10, United
States Code.
SEC.

860.

RISK MANAGEMENT FOR DEPARTMENT
PHARMACEUTICAL SUPPLY CHAINS.

OF

DEFENSE

(a) RISK MANAGEMENT FOR ALL DEPARTMENT OF DEFENSE
PHARMACEUTICAL SUPPLY CHAINS.—Not later than one year after
the date of the enactment of this Act, the Under Secretary of
Defense for Acquisition and Sustainment shall—
(1) develop and issue implementing guidance for risk
management for Department of Defense supply chains for
pharmaceutical materiel for the Department;
(2) identify, in coordination with the Secretary of Health
and Human Services, supply chain information gaps regarding
the Department’s reliance on foreign suppliers of drugs,
including active pharmaceutical ingredients and final drug
products; and
(3) submit to the Committees on Armed Services of the
Senate and the House of Representatives a report regarding—
(A) existing information streams, if any, that may be
used to assess the reliance by the Department of Defense
on high-risk foreign suppliers of drugs;
(B) vulnerabilities in the drug supply chains of the
Department of Defense; and
(C) any recommendations to address—
(i) information gaps identified under paragraph
(2); and
(ii) any risks related to such reliance on foreign
suppliers.
(b) RISK MANAGEMENT FOR DEPARTMENT OF DEFENSE PHARMACEUTICAL SUPPLY CHAIN.—The Director of the Defense Health
Agency shall—
(1) not later than one year after the issuance of the guidance required under subsection (a)(1), develop and publish
implementing guidance for risk management for the Department of Defense supply chain for pharmaceuticals; and
(2) establish a working group—

H. R. 7776—341
(A) to assess risks to the Department’s pharmaceutical
supply chain;
(B) to identify the pharmaceuticals most critical to
beneficiary care at military treatment facilities; and
(C) to establish policies for allocating scarce pharmaceutical resources of the Department of Defense in case
of a supply disruption.
SEC. 861. STRATEGY FOR INCREASING COMPETITIVE OPPORTUNITIES
FOR CERTAIN CRITICAL TECHNOLOGIES.

(a) STRATEGY.—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 comprehensive strategy to—
(1) increase competitive opportunities available for appropriate United States companies to transition critical technologies into major weapon systems and other programs of
record; and
(2) enhance the integrity and diversity of the defense industrial base.
(b) ELEMENTS.—The strategy required under subsection (a)
shall include the following:
(1) A description of methods to increase opportunities for
appropriate United States companies to develop end items of
critical technologies for major weapon systems, rapidly prototype such end items, and conduct activities that would support
the transition of such end items into major weapon systems
and programs of record, including—
(A) continuous experimentation or military utility
assessments to improve such end items;
(B) evaluation of how to integrate existing commercial
capabilities relating to such end items of appropriate
United States companies or entities in the defense industrial base into major weapon systems and programs of
record in the Department of Defense;
(C) efforts that improve the ability of appropriate
United States companies or entities in the defense industrial base to maintain, afford, or manufacture major weapon
systems or components for such systems; and
(D) development of alternative supply sources for
components of a major weapon system to ensure the availability of component parts and to support supply chain
diversity.
(2) Processes to improve coordination by the military
departments and other elements of the Department of Defense
to carry out the strategy required by this section.
(c) DEFINITIONS.—In this section:
(1) The term ‘‘appropriate United States company’’ means—
(A) a nontraditional defense contractor, as defined in
section 3014 of title 10, United States Code; or
(B) a prime contractor that has entered into a cooperative agreement with a nontraditional defense contractor
with the express intent to pursue funding authorized by
sections 4021 and 4022 of title 10, United States Code,
in the development, testing, or prototyping of critical technologies.
(2) The term ‘‘major weapon system’’ has the meaning
given in section 3455 of title 10, United States Code.

H. R. 7776—342
(3) The term ‘‘critical technology’’ means a technology
identified as critical by the Secretary of Defense, which shall
include the following:
(A) Biotechnology.
(B) Quantum science technology.
(C) Advanced materials.
(D) Artificial intelligence and machine learning.
(E) Microelectronics.
(F) Space technology.
(G) Advanced computing and software.
(H) Hypersonics.
(I) Integrated sensing and cybersecurity.
(J) Autonomous systems.
(K) Unmanned systems.
(L) Advanced sensing systems.
(M) Advanced communications systems.
SEC. 862. KEY ADVANCED SYSTEM DEVELOPMENT INDUSTRY DAYS.

(a) IN GENERAL.—Not later than March 1, 2023, and every
180 days thereafter, the each Secretary of a military department
shall ensure that such military department conducts an outreach
event to—
(1) collaborate with the private sector on present current
and future opportunities with respect to key advanced system
development areas;
(2) raise awareness within the private sector of—
(A) key advanced system development areas; and
(B) capability needs and existing and potential requirements related to the key advanced system development
areas; and
(3) raise awareness within such military department of
potential material solutions for capability needs and existing
and potential requirements related to key advanced system
development areas.
(b) RESPONSIBILITIES.—
(1) SERVICE CHIEFS.—For each event a military department
conducts under subsection (a), the Service Chief concerned
shall, for each key advanced system development area, perform
the following:
(A) Identify related and potentially related existing,
planned, or potential military requirements, including
urgent and emergent operational needs.
(B) Identify and describe related and potentially
related needs or gaps in the capabilities of the military
department to carry out the missions of the military department, including warfighting and combat support capabilities.
(C) Identify and describe related and potentially
related exercise, demonstration, or experimentation
opportunities.
(2) ACQUISITION EXECUTIVES.—For each event a military
department conducts under subsection (a), the service acquisition executive of the military department conducting the event
shall, for each key advanced system development area, perform
the following:

H. R. 7776—343
(A) Identify and describe related and potentially
related existing, planned, or potential acquisition plans
and strategies.
(B) Identify and describe related and potentially
related existing, planned, or potential funding opportunities, including—
(i) broad agency announcements;
(ii) requests for information;
(iii) funding opportunity announcements;
(iv) special program announcements;
(v) requests for proposals;
(vi) requests for quotes;
(vii) special notices;
(viii) transactions pursuant to sections 4004, 4021,
and 4022 of title 10, United States Code;
(ix) unsolicited proposals; and
(x) other funding opportunities as determined
appropriate by the service acquisition executive.
(3) DELEGATION.—Each Service Chief concerned and each
service acquisition executive may delegate the authority to
carry out the tasks for which such individuals are responsible
under this subsection.
(4) REVIEWS AND COORDINATION.—
(A) INDUSTRY DAY REVIEWS.—Promptly after an event
conducted by a military department under subsection (a),
the service acquisition executive of such military department shall—
(i) disseminate a written review of such event as
broadly as practicable within the Department of
Defense; and
(ii) make such review publicly available on a
website of the military department.
(B) CONSOLIDATION.—The Secretary of Defense and the
Chairman of the Joint Chiefs of Staff shall, periodically,
jointly review and consolidate the reviews required by
subparagraph (A) to identify trends, eliminate redundancy,
and enhance efficiency with respect to events conducted
under subsection (a).
(c) FORM.—With respect to each event conducted under subsection (a), the Secretary concerned shall seek to maximize industry
and government participation, while minimizing cost to the maximum extent practicable, by—
(1) holding the event at an unclassified security level to
the extent practicable;
(2) making the event publicly accessible through teleconference or other virtual means; and
(3) making supporting materials for the event publicly
available on a website.
(d) DEFINITIONS.—In this section:
(1) MILITARY DEPARTMENTS; SECRETARY CONCERNED;
SERVICE ACQUISITION EXECUTIVE.—The terms ‘‘military departments’’, ‘‘Secretary concerned’’, and ‘‘service acquisition executive’’ have the meanings given such terms in section 101(a)
of title 10, United States Code.
(2) KEY ADVANCED SYSTEM DEVELOPMENT AREA.—The term
‘‘key advanced system development area’’ means the following:
(A) For the Department of the Navy—

H. R. 7776—344
(i) unmanned surface vessels;
(ii) unmanned underwater vessels;
(iii) unmanned deployable mobile ocean systems;
(iv) unmanned deployable fixed ocean systems; and
(v) autonomous unmanned aircraft systems.
(B) For the Department of the Air Force, autonomous
unmanned aircraft systems.
(C) For the Department of the Army, autonomous
unmanned aircraft systems.
(3) SERVICE CHIEF.—The term ‘‘Service Chief concerned’’
means—
(A) the Chief of Staff of the Army, with respect to
matters concerning the Department of the Army;
(B) the Chief of Naval Operations and the Commandant of the Marine Corps, with respect to matters
concerning the Department of the Navy; and
(C) the Chief of Staff of the Air Force, with respect
to matters concerning the Department of the Air Force.

Subtitle F—Small Business Matters
SEC. 871. CODIFICATION OF SMALL BUSINESS ADMINISTRATION
SCORECARD.

(a) IN GENERAL.—Subsection (b) of section 868 of the National
Defense Authorization Act for Fiscal Year 2016 (15 U.S.C. 644
note) is transferred to section 15 of the Small Business Act (15
U.S.C. 644), inserted after subsection (x), redesignated as subsection
(y), and amended—
(1) by striking paragraphs (1), (6), and (7);
(2) by redesignating paragraphs (2), (3), and (4) as paragraphs (1), (2), and (3), respectively;
(3) by redesignating paragraph (8) as paragraph (6);
(4) in paragraph (1) (as so redesignated), by striking ‘‘Beginning in’’ and all that follows through ‘‘to evaluate’’ and inserting
‘‘The Administrator shall use a scorecard to annually evaluate’’;
(5) in paragraph (2) (as so redesignated)—
(A) by striking ‘‘the Federal agency’’ each place it
appears and inserting ‘‘a Federal agency or the Federal
Government, as applicable,’’;
(B) in the matter preceding subparagraph (A)—
(i) by striking ‘‘developed under paragraph (1)’’;
and
(ii) by inserting ‘‘and Governmentwide’’ after ‘‘each
Federal agency’’; and
(C) in subparagraph (A), by striking ‘‘section 15(g)(1)(B)
of the Small Business Act (15 U.S.C. 644(g)(1)(B))’’ and
inserting ‘‘subsection (g)(1)(B)’’;
(6) in paragraph (3) (as so redesignated)—
(A) in subparagraph (A), by striking ‘‘paragraph (3)(A)’’
and inserting ‘‘paragraph (2)(A)’’; and
(B) in subparagraph (B), by striking ‘‘paragraph (3)’’
and inserting ‘‘paragraph (2)’’;
(7) by inserting after paragraph (3) (as so redesignated)
the following new paragraph:
‘‘(4) ADDITIONAL REQUIREMENTS FOR SCORECARDS.—The
scorecard shall include, for each Federal agency and

H. R. 7776—345
Governmentwide, the following information with respect to
prime contracts:
‘‘(A) The number (expressed as a percentage) and total
dollar amount of awards made to small business concerns
owned and controlled by women through sole source contracts and competitions restricted to small business concerns owned and controlled by women under section 8(m).
‘‘(B) The number (expressed as a percentage) and total
dollar amount of awards made to small business concerns
owned and controlled by qualified HUBZone small business
concerns through sole source contracts and competitions
restricted to qualified HUBZone small business concerns
under section 31(c)(2).
‘‘(C) The number (expressed as a percentage) and total
dollar amount of awards made to small business concerns
owned and controlled by service-disabled veterans through
sole source contracts and competitions restricted to small
business concerns owned and controlled by service-disabled
veterans under section 36.
‘‘(D) The number (expressed as a percentage) and total
dollar amount of awards made to socially and economically
disadvantaged small business concerns under section 8(a)
through sole source contracts and competitions restricted
to socially and economically disadvantaged small business
concerns, disaggregated by awards made to such concerns
that are owned and controlled by individuals and awards
made to such concerns that are owned and controlled by
an entity.’’;
(8) in paragraph (5), by striking ‘‘section 15(h)(2) of the
Small Business Act (15 U.S.C. 644(h)(2))’’ and inserting ‘‘subsection (h)(2)’’; and
(9) by amending paragraph (6) (as so redesignated) to read
as follows:
‘‘(6) SCORECARD DEFINED.—In this subsection, the term
‘scorecard’ means any summary using a rating system to
evaluate the efforts of a Federal agency to meet goals established under subsection (g)(1)(B) that—
‘‘(A) includes the measures described in paragraph (2);
and
‘‘(B) assigns a score to each Federal agency evaluated.’’.
(b) CONFORMING AMENDMENT.—Section 15(x)(2) of the Small
Business Act (15 U.S.C. 644(x)(2)) is amended by striking ‘‘scorecard
described in section 868(b) of the National Defense Authorization
Act for Fiscal Year 2016 (15 U.S.C. 644 note)’’ and inserting ‘‘scorecard (as defined in subsection (y))’’.
SEC. 872. MODIFICATIONS TO THE SBIR AND STTR PROGRAMS.

(a) CORRECTION TO STTR DISCLOSURE REQUIREMENTS.—Section
9(g)(13)(D) of the Small Business Act (15 U.S.C. 638(g)(13)(D))
is amended by striking ‘‘of concern’’.
(b) DUE DILIGENCE PROGRAM.—
(1) IN GENERAL.—Until the date on which the Under Secretary of Defense for Research and Engineering makes the
certification described in paragraph (2), in carrying out the
due diligence program required under subsection (vv) of section
9 of the Small Business Act (15 U.S.C. 638), the Secretary
of Defense and each Secretary of a military department shall

H. R. 7776—346
perform the assessments required under such due diligence
program—
(A) only with respect to small business concerns
selected by the applicable Secretary as the presumptive
recipient of an award described in such subsection (vv);
and
(B) prior to notifying the small business concern that
the small business concern has been selected to receive
such an award.
(2) FULL IMPLEMENTATION.—On the date on which the
Under Secretary of Defense for Research and Engineering certifies to the Committees on Armed Services of the Senate and
the House of Representatives that an automated capability
for performing the assessments required under the due diligence program required under subsection (vv) of section 9 of
the Small Business Act (15 U.S.C. 638) with respect to all
small business concerns seeking an award described in such
subsection is operational, paragraph (1) of this subsection shall
sunset.
SEC. 873. ACCESS TO DATA ON BUNDLED OR CONSOLIDATED CONTRACTS.

(a) IN GENERAL.—Section 15(p) of the Small Business Act (15
U.S.C. 644(p)) is amended—
(1) by amending paragraph (1) to read as follows:
‘‘(1) BUNDLED OR CONSOLIDATED CONTRACT DEFINED.—In
this subsection, the term ‘bundled or consolidated contract’
has the meaning given in subsection (s).’’;
(2) in paragraph (4)—
(A) in the paragraph heading, by striking ‘‘CONTRACT
BUNDLING’’ and inserting ‘‘BUNDLED OR CONSOLIDATED CONTRACTS’’;
(B) in subparagraph (A), by striking ‘‘contract bundling’’ and inserting ‘‘bundled or consolidated contracts’’;
(C) in subparagraph (B)—
(i) in clause (i), by striking ‘‘bundled contracts’’
and inserting ‘‘bundled or consolidated contracts’’; and
(ii) in clause (ii)—
(I) in the matter preceding subclause (I), by
striking ‘‘bundled contracts’’ and inserting ‘‘bundled or consolidated contracts’’;
(II) in subclause (I), by striking ‘‘were bundled’’
and inserting ‘‘were included in bundled or consolidated contracts’’; and
(III) in subclause (II)—
(aa) in the matter preceding item (aa),
by striking ‘‘bundled contract’’ and inserting
‘‘bundled or consolidated contract’’;
(bb) in items (aa), (dd), and (ee) by
inserting ‘‘or the consolidation of contract
requirements (as applicable)’’ after ‘‘bundling
of contract requirements’’ each place it
appears;
(cc) in item (bb), by striking ‘‘bundling
the contract requirements’’ and inserting ‘‘the
bundling of contract requirements or the

H. R. 7776—347
consolidation of contract requirements (as
applicable)’’;
(dd) in item (cc), by striking ‘‘the bundled
status of contract requirements’’ and inserting
‘‘contract requirements in a bundled or consolidated contract’’; and
(ee) in item (ee), by striking ‘‘consolidated
requirements’’ and inserting ‘‘contract’’; and
(3) in paragraph (5)(B), by striking ‘‘provide, upon request’’
and all that follows through the period at the end and inserting
the following: ‘‘provide to the Administrator data and information described in paragraphs (2) and (4).’’.
(b) TECHNICAL AMENDMENT.—Section 15(p)(2) of the Small
Business Act (15 U.S.C. 644(p)) is amended—
(1) by striking ‘‘DATABASE’’ in the paragraph heading and
all that follows through ‘‘Not later’’ and inserting ‘‘DATABASE.—
Not later’’; and
(2) by redesignating clauses (i) and (ii) as subparagraphs
(A) and (B), respectively.
SEC. 874. SMALL BUSINESS INTEGRATION WORKING GROUP.

(a) IN GENERAL.—Not later than 60 days after the enactment
of this Act, the Secretary of Defense shall issue a charter to establish a small business integration working group that—
(1) ensures the integration and synchronization of the
activities of the military departments and other components
of the Department of Defense with respect to small business
concerns; and
(2) convenes not fewer than four times per year.
(b) MEMBERSHIP.—The small business integration working
group chartered under subsection (a) shall be comprised of representatives from each of the following organizations:
(1) The small business office of each military department.
(2) The Small Business Innovation Research Program and
the Small Business Technology Transfer Program (as such
terms are defined in section 9(e) of the Small Business Act
(15 U.S.C. 638(e))) of each military department.
(3) The office of the Under Secretary of Defense for Acquisition and Sustainment.
(4) The office of the Under Secretary of Defense for
Research and Engineering.
(5) Any other office the Secretary of Defense determines
appropriate.
(c) BRIEFING REQUIRED.—Not later than March 1, 2023, the
Secretary of Defense shall brief the Committee on Armed Services
of the Senate and the Committee on Armed Services of the House
of Representatives on the establishment and activities of the small
business integration working group chartered under subsection (a),
the policies enacted by the small business integration working
group to allow for the sharing of best practices for maximizing
the contributions of small business concerns in the defense industrial base and in acquisitions by the Department of Defense, and
practices for conducting oversight of the activities of the military
departments and other components of the Department of Defense
with respect to small business concerns.
(d) DEFINITIONS.—In this section:

H. R. 7776—348
(1) MILITARY DEPARTMENT.—The term ‘‘military department’’ has the meaning given such term in section 101(a) of
title 10, United States Code.
(2) SMALL BUSINESS CONCERN.—The term ‘‘small business
concern’’ has the meaning given such term under section 3
of the Small Business Act (15 U.S.C. 632).
SEC. 875. DEMONSTRATION OF COMMERCIAL DUE DILIGENCE FOR
SMALL BUSINESS PROGRAMS.

(a) DEMONSTRATION REQUIRED.—Not later than December 31,
2027, the Secretary of Defense shall establish a program to carry
out a demonstration of commercial due diligence tools, techniques,
and processes in order to support small businesses in identifying
attempts by malicious foreign actors to gain undue access to, or
foreign ownership, control, or influence over—
(1) the small business; or
(2) any technology a small business is developing pursuant
to a contract or other agreement with the Department of
Defense.
(b) ELEMENTS.—The program required under subsection (a)
shall include the following:
(1) The identification of one or more entities to be responsible for the commercial due diligence tools, techniques, and
processes that are part of a demonstration under the program
and a description of the interactions required between such
entity, small businesses, and the government agencies that
enforce such tools, techniques, and processes.
(2) An assessment of commercial due diligence tools, techniques, and processes already in use by each Office of Small
Business Programs.
(3) The development of methods to analyze the commercial
due diligence tools, techniques, and processes that are part
of a demonstration under the program to—
(A) monitor and assess attempts described in subsection (a);
(B) provide information on such attempts to applicable
small businesses; and
(C) allow small businesses that are subject to such
attempts to provide information about such attempts to
the Secretary of Defense.
(4) The development of training and resources for small
businesses that can be shared directly with such businesses
or through a procurement technical assistance program established under chapter 388 of title 10, United States Code.
(5) The implementation of performance measures to assess
the effectiveness of such program.
(c) BRIEFING REQUIRED.—Not later than April 1, 2023, the
Secretary of Defense shall provide to the congressional defense
committees an interim briefing on the program required under
subsection (a) that includes the following:
(1) An identification of any entity described in subsection
(b)(1).
(2) A description of the methodology for executing any
demonstrations under the program, including any analytical
tools or metrics identified to support such a demonstration.
(3) A description of any identified instances of attempts
described in subsection (a).

H. R. 7776—349
(4) An identification of improvements or gaps in resources,
capabilities, or authorities, and other lessons learned from any
demonstrations under the program.
(d) ASSESSMENT.—Not later than March 1, 2028, the Secretary
shall submit to the congressional defense committees a report on
the program required under subsection (a), including any identified
instances of attempts described in such subsection, any lessons
learned, and any recommendations for legislative action related
to such program.
(e) DEFINITIONS.—In this section:
(1) The term ‘‘foreign ownership, control, or influence’’ has
the meaning given in section 847 of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116–92;
133 Stat. 1505; 10 U.S.C. 4819 note).
(2) The term ‘‘Office of Small Business Programs’’ means—
(A) the Office of Small Business Programs of the
Department of Defense established under section 144 of
title 10, United States Code;
(B) the Office of Small Business Programs of the
Department of the Army established under section 7024
of such title;
(C) the Office of Small Business Programs of the
Department of the Navy established under section 8028
of such title; and
(D) the Office of Small Business Programs of the
Department of the Air Force established under section
9024 of such title.
SEC. 876. DEVELOPMENT AND ASSESSMENT OF MISSION EFFECTIVENESS METRICS.

(a) IN GENERAL.—The Secretary of Defense, in coordination
with the service acquisition executives (as defined in section 101(a)
of title 10, United States Code), shall conduct a study on the
metrics necessary to assess the effectiveness of the SBIR and STTR
programs of the Department of Defense in meeting the mission
needs of the Department, including by developing metrics and collecting and assessing longitudinal data necessary for evaluation
of those metrics.
(b) ELEMENTS.—The study required under subsection (a) shall
include the following:
(1) An assessment of the measurable ways in which the
SBIR and STTR programs of the Department of Defense support the mission needs of the Department.
(2) The development of recurring, quantifiable metrics for
measuring the ability of the SBIR and STTR programs of
the Department to deliver products and services that meet
the mission needs of the Department.
(3) An evaluation of currently available data to support
the assessment of the metrics described in paragraph (2),
including the identification of areas where gaps in the availability of such data exist that may require collecting new data
or modifying existing data.
(4) The identification of current means and methods available to the Department for collecting data in an automated
fashion, including the identification of areas where gaps in
the automated collection of data exist that may require new
means for collecting or visualizing data.

H. R. 7776—350
(5) The development of an analysis and assessment methodology framework to make tradeoffs between the metrics
described in paragraph (2) and existing commercialization
benchmarks of the Department to enhance the decision-making
of the Department regarding the benefits of the SBIR and
STTR programs of the Department.
(c) BRIEFINGS.—
(1) INTERIM BRIEFING.—Not later than six months after
the enactment of this Act, the Secretary of Defense shall provide
to the Committees on Armed Services of the Senate and House
of Representatives a briefing on the development of the metrics
described in subsection (a) for the study required under such
subsection.
(2) FINAL BRIEFING.—Not later than one year after the
enactment of this Act, the Secretary of Defense shall provide
to the Committees on Armed Services of the Senate and House
of Representatives a briefing on the results of the study
required under subsection (a).

Subtitle G—Other Matters
SEC. 881. TECHNICAL CORRECTION TO EFFECTIVE DATE OF THE
TRANSFER OF CERTAIN TITLE 10 ACQUISITION PROVISIONS.

(a) IN GENERAL.—The amendments made by section 1701(e)
and paragraphs (1) and (2) of section 802(b) of the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117–81) shall
be deemed to have taken effect immediately before the amendments
made by section 1881 of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (Public Law 116–
283; 134 Stat. 4293).
(b) TREATMENT OF SECTION 4027 REQUIREMENTS.—An individual or entity to which the requirements under section 4027
of title 10, United States Code, were applicable during the period
beginning on January 1, 2022, and ending on the date of the
enactment of this Act pursuant to subsection (a) shall be deemed
to have complied with such requirements during such period.
SEC. 882. SECURITY CLEARANCE BRIDGE PILOT PROGRAM.

(a) IN GENERAL.—The Secretary of Defense, in consultation
with the Director of National Intelligence, shall conduct a pilot
program to allow the Defense Counterintelligence and Security
Agency to sponsor the personal security clearances of the employees
of innovative technology companies that are performing a contract
of the Department of Defense while the Government completes
the adjudication of the facility clearance application of such a
innovative technology company.
(b) ADDITIONAL REQUIREMENTS.—
(1) PERSONAL SECURITY CLEARANCE AUTHORITY.—
(A) IN GENERAL.—Under the pilot program, the Defense
Counterintelligence and Security Agency may nominate
and sponsor the personal security clearances of the
employees of an innovative technology company.
(B) LIMITATION.—Under the pilot program, the Defense
Counterintelligence and Security Agency may sponsor the

H. R. 7776—351
personal security clearances of employees of not more than
75 innovative technology companies.
(2) ADJUDICATION OF THE FACILITY CLEARANCE APPLICATION.—Any adjudication of a facility clearance application of
an innovative technology company described in subsection (a)
shall include an assessment and mitigation of foreign ownership, control, or influence of the innovative technology company,
as applicable.
(c) CLEARANCE TRANSFER.—
(1) IN GENERAL.—Not later than 30 days after an innovative
technology company is granted facility clearance, the Defense
Counterintelligence and Security Agency shall transfer any personal clearances of employees of the innovative technology company held by the Defense Counterintelligence and Security
Agency under the pilot program back to the innovative technology company.
(2) DENIAL OF FACILITY CLEARANCE.—Not later than 10
days after an innovative technology company is denied facility
clearance, the Defense Counterintelligence and Security Agency
shall release any personal clearances of employees of the
innovative technology company held by the Defense Counterintelligence and Security Agency under the pilot program.
(d) PARTICIPANT SELECTION.—The Under Secretary of Defense
for Research and Engineering, in consultation with the Under Secretary of Defense for Acquisition and Sustainment and the service
acquisition executive of the military department concerned (as such
terms are defined, respectively, in section 101 of title 10, United
States Code), shall select innovative technology companies to
participate in the pilot program.
(e) SUNSET.—The pilot program shall terminate on December
31, 2028.
(f) DEFINITIONS.—In this section:
(1) FACILITY CLEARANCE.—The term ‘‘facility clearance’’ has
the meaning given the term ‘‘Facility Clearance’’ in section
95.5 of title 10, Code of Federal Regulations, or any successor
regulation.
(2) FOREIGN OWNERSHIP, CONTROL, OR INFLUENCE.—The
term ‘‘foreign ownership, control, or influence’’ has the meaning
given in section 847 of the National Defense Authorization
Act for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1505;
10 U.S.C. 4819 note).
(3) INNOVATIVE TECHNOLOGY COMPANY.—The term ‘‘innovative technology company’’ means a nontraditional defense contractor (as defined in section 3014 of title 10, United States
Code) that—
(A) provides goods or services related to—
(i) one or more of the 14 critical technology areas
described in the memorandum by the Under Secretary
of Defense for Research and Engineering issued on
February 1, 2022, entitled ‘‘USD(R&E) Technology
Vision for an Era of Competition’’; or
(ii) information technology, software, or hardware
that is unavailable from any other entity that possesses
a facility clearance; and
(B) is selected by the Under Secretary of Defense for
Research and Engineering under subsection (d) to participate in the pilot program.

H. R. 7776—352
(4) PERSONAL SECURITY CLEARANCE.—The term ‘‘personal
security clearance’’ means the security clearance of an individual who has received approval from the Department of
Defense to access classified information.
(5) PILOT PROGRAM.—The term ‘‘pilot program’’ means the
pilot program established under subsection (a).
SEC. 883. EXISTING AGREEMENT LIMITS FOR OPERATION WARP
SPEED.

The value of any modification to, or order made under, a
contract or other agreement by the Department of Defense on
or after March 1, 2020, to address the COVID–19 pandemic through
vaccines and other therapeutic measures shall not be counted
toward any limit established prior to March 1, 2020, on the total
estimated amount of all projects to be issued under the contract
or other agreement (except that the value of such modification
or order shall count toward meeting any guaranteed minimum
value under the contract or other agreement).
SEC. 884. INCORPORATION OF CONTROLLED UNCLASSIFIED INFORMATION GUIDANCE INTO PROGRAM CLASSIFICATION GUIDES
AND PROGRAM PROTECTION PLANS.

(a) UPDATES REQUIRED.—
(1) IN GENERAL.—The Secretary of Defense shall, acting
through the Under Secretary of Defense for Intelligence and
Security and the Under Secretary of Defense for Research
and Engineering, ensure that all program classification guides
(for classified programs) and all program protection plans (for
unclassified programs) include guidance for the proper marking
for controlled unclassified information at their next regularly
scheduled update.
(2) ELEMENTS.—Guidance under paragraph (1) shall
include the following:
(A) A requirement to use document portion markings
for controlled unclassified information.
(B) A process to ensure controlled unclassified information document portion markings are used properly and
consistently.
(b) MONITORING OF PROGRESS.—In tracking the progress in
carrying out subsection (a), the Under Secretary of Defense for
Intelligence and Security and the Under Secretary of Defense for
Research and Engineering shall implement a process for monitoring
progress that includes the following:
(1) Tracking of all program classification guides and program protection plans so they include document portion
marking for controlled unclassified information, and the dates
when controlled unclassified information guidance updates are
completed.
(2) Updated training in order to ensure that all government
and contractor personnel using the guides described in subsection (a)(1) receive instruction, as well as periodic spot checks,
to ensure that training is sufficient and properly implemented
to ensure consistent application of document portion marking
guidance.
(3) A process for feedback to ensure that any identified
gaps or lessons learned are incorporated into guidance and
training instructions.

H. R. 7776—353
(c) REQUIRED COMPLETION.—The Secretary shall ensure that
the updates required by subsection (a) are completed before January
1, 2029.

TITLE IX—DEPARTMENT OF DEFENSE
ORGANIZATION AND MANAGEMENT
Subtitle A—Office of the Secretary of Defense and Related Matters
Sec. 901. Increase in authorized number of Assistant and Deputy Assistant Secretaries of Defense.
Sec. 902. Conforming amendments relating to repeal of position of Chief Management Officer.
Sec. 903. Limitation on use of funds pending demonstration of product to identify,
task, and manage congressional reporting requirements.
Sec. 904. Limitation on use of funds pending compliance with requirements relating to alignment of Close Combat Lethality Task Force.
Subtitle B—Other Department of Defense Organization and Management Matters
Sec. 911. Updates to management reform framework.
Sec. 912. Briefing on changes to Unified Command Plan.
Sec. 913. Clarification of peacetime functions of the Navy.
Sec. 914. Responsibilities and functions relating to electromagnetic spectrum operations.
Sec. 915. Joint all domain command and control.
Sec. 916. Strategic management dashboard demonstration.
Sec. 917. Demonstration program for component content management systems.
Sec. 918. Report on potential transition of all members of the Space Force into a
single component.

Subtitle A—Office of the Secretary of
Defense and Related Matters
SEC. 901. INCREASE IN AUTHORIZED NUMBER OF ASSISTANT AND
DEPUTY ASSISTANT SECRETARIES OF DEFENSE.

(a) ASSISTANT SECRETARY OF DEFENSE FOR CYBER POLICY.—
Section 138(b) of title 10, United States Code, is amended by adding
at the end the following new paragraph:
‘‘(8) One of the Assistant Secretaries is the Assistant Secretary
of Defense for Cyber Policy. The principal duty of the Assistant
Secretary shall be the overall supervision of policy of the Department of Defense for cyber. The Assistant Secretary is the Principal
Cyber Advisor described in section 392a(a) of this title.’’.
(b) INCREASE IN AUTHORIZED NUMBER OF ASSISTANT SECRETARIES OF DEFENSE.—
(1) INCREASE.—Section 138(a)(1) of title 10, United States
Code, is amended by striking ‘‘15’’ and inserting ‘‘19’’.
(2) CONFORMING AMENDMENT.—Section 5315 of title 5,
United States Code, is amended by striking ‘‘Assistant Secretaries of Defense (14).’’ and inserting ‘‘Assistant Secretaries
of Defense (19).’’.
(c) INCREASE IN AUTHORIZED NUMBER OF DEPUTY ASSISTANT
SECRETARIES OF DEFENSE.—
(1) INCREASE.—Section 138 of title 10, United States Code,
is amended by adding at the end the following new subsection:
‘‘(e) The number of Deputy Assistant Secretaries of Defense
may not exceed 60.’’.
(2) CONFORMING REPEAL.—Section 908 of the National
Defense Authorization Act for Fiscal Year 2018 (Public Law
115–91; 131 Stat. 1514; 10 U.S.C. 138 note) is repealed.

H. R. 7776—354
(d) ADDITIONAL AMENDMENTS.—Section 138(b) of title 10,
United States Code, is amended—
(1) in paragraph (2)(A)—
(A) in the second sentence in the matter preceding
clause (i), by striking ‘‘He shall have as his principal duty’’
and inserting ‘‘The principal duty of the Assistant Secretary
shall be’’; and
(B) in clause (ii), by striking subclause (III);
(2) in paragraph (3), in the second sentence, by striking
‘‘He shall have as his principal duty’’ and inserting ‘‘The principal duty of the Assistant Secretary shall be’’;
(3) in paragraph (4)—
(A) in subparagraph (A), by striking the semicolon
and inserting ‘‘; and’’;
(B) in subparagraph (B), by striking ‘‘; and’’ inserting
a period; and
(C) by striking subparagraph (C); and
(4) in paragraph (6), by striking ‘‘shall—’’ and all that
follows and inserting ‘‘shall advise the Under Secretary of
Defense for Acquisition and Sustainment on industrial base
policies.’’.
(e) EVALUATION AND REVIEW.—Section 1504 of the National
Defense Authorization Act for Fiscal Year 2022 (Public Law 117–
81; 135 Stat. 2022) is amended—
(1) in subsection (a), by striking ‘‘Not later than 180 days
after the date of the enactment of this Act’’ and inserting
‘‘Not later than April 1, 2023’’; and
(2) in subsection (b)—
(A) in paragraph (13), by striking ‘‘and’’ at the end;
(B) by redesignating paragraph (14) as paragraph (17);
and
(C) by inserting after paragraph (13) the following
new paragraphs:
‘‘(14) assess the need to retain or modify the relationships,
authorities, roles, and responsibilities of the Principal Cyber
Advisor described in section 392a(a) of title 10, United States
Code;
‘‘(15) assess the organizational construct of the Department
of Defense and how authorities, roles, and responsibilities for
matters relating to cyber activities are distributed among the
Under Secretaries, Assistant Secretaries, and Deputy Assistant
Secretaries of Defense and among civilian officials within the
military departments with roles and responsibilities relating
to cyber activities;
‘‘(16) make recommendations for changes to statutes
affecting the organizational construct of the Department of
Defense to improve the oversight, management, and coordination of—
‘‘(A) policies, programs, and strategies relating to cyber
activities;
‘‘(B) the execution of the authorities of the United
States Cyber Command; and
‘‘(C) other matters relating to cyber activities; and’’.
SEC. 902. CONFORMING AMENDMENTS RELATING TO REPEAL OF POSITION OF CHIEF MANAGEMENT OFFICER.

Section 2222 of title 10, United States Code, is amended—

H. R. 7776—355
(1) in subsection (c)(2), by striking ‘‘the Chief Management
Officer of the Department of Defense, the Under Secretary
of Defense for Acquisition and Sustainment, the Chief Information Officer, and the Chief Management Officer’’ and inserting
‘‘the Chief Information Officer of the Department of Defense,
the Under Secretary of Defense for Acquisition and
Sustainment, and the Chief Information Officer’’;
(2) in subsection (e)—
(A) in paragraph (1), by striking ‘‘the Chief Management Officer’’ and inserting ‘‘the Chief Information Officer’’;
and
(B) in paragraph (6)—
(i) in subparagraph (A), in the matter preceding
clause (i)—
(I) in the first sentence, by striking ‘‘The Chief
Management Officer of the Department of Defense’’
and inserting ‘‘The Chief Information Officer of
the Department of Defense, in coordination with
the Chief Data and Artificial Intelligence Officer,’’;
and
(II) in the second sentence, by striking ‘‘the
Chief Management Officer shall’’ and inserting
‘‘the Chief Information Officer shall’’; and
(ii) in subparagraph (B), in the matter preceding
clause (i), by striking ‘‘The Chief Management Officer’’
and inserting ‘‘The Chief Information Officer’’;
(3) in subsection (f)—
(A) in paragraph (1), in the second sentence, by striking
‘‘the Chief Management Officer and’’; and
(B) in paragraph (2)—
(i) by redesignating subparagraphs (A) and (B)
as subparagraphs (B) and (C), respectively;
(ii) by inserting before subparagraph (B), as
redesignated by clause (i), the following new subparagraph (A):
‘‘(A) The Chief Information Officers of the military
departments, or their designees.’’; and
(iii) in subparagraph (C), as so redesignated, by
adding at the end the following new clause:
‘‘(iv) The Chief Data and Artificial Intelligence
Officer of the Department of Defense.’’;
(4) in subsection (g)(2), by striking ‘‘the Chief Management
Officer’’ each place it appears and inserting ‘‘the Chief Information Officer’’; and
(5) in subsection (i)(5)(B), by striking ‘‘the Chief Management Officer’’ and inserting ‘‘the Chief Information Officer’’.
SEC. 903. LIMITATION ON USE OF FUNDS PENDING DEMONSTRATION
OF PRODUCT TO IDENTIFY, TASK, AND MANAGE CONGRESSIONAL REPORTING REQUIREMENTS.

Of the funds authorized to be appropriated by this Act or
otherwise made available for fiscal year 2023 for operation and
maintenance, Defense-wide, for the Office of the Secretary of
Defense, not more than 90 percent may be obligated or expended
until the Secretary of Defense demonstrates a minimum viable
product—

H. R. 7776—356
(1) to optimize and modernize the process described in
section 908(a) of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (Public Law
116–283; 10 U.S.C. 111 note) for identifying reports to Congress
required by annual national defense authorization Acts,
assigning responsibility for preparation of such reports, and
managing the completion and delivery of such reports to Congress; and
(2) that includes capabilities to enable—
(A) direct access by the congressional defense committees to the follow-on system to that process using secure
credentials;
(B) rapid automatic ingestion of data provided by those
committees with respect to reports and briefings required
to be submitted to Congress in a comma-separated value
spreadsheet;
(C) sortable and exportable database views for tracking
and research purposes;
(D) automated notification of relevant congressional
staff and archival systems; and
(E) integration with Microsoft Office.
SEC. 904. LIMITATION ON USE OF FUNDS PENDING COMPLIANCE WITH
REQUIREMENTS RELATING TO ALIGNMENT OF CLOSE
COMBAT LETHALITY TASK FORCE.

Of the funds authorized to be appropriated by this Act or
otherwise made available for fiscal year 2023 for operation and
maintenance, Defense-wide, for the Office of the Secretary of
Defense, not more than 75 percent may be obligated or expended
until the Department of Defense complies with the requirements
of section 911 of the National Defense Authorization Act for Fiscal
Year 2022 (Public Law 117–81; 135 Stat. 1878) (relating to alignment of the Close Combat Lethality Task Force).

Subtitle B—Other Department of Defense
Organization and Management Matters
SEC. 911. UPDATES TO MANAGEMENT REFORM FRAMEWORK.

Section 125a of title 10, United States Code, is amended—
(1) in subsection (c)—
(A) in paragraph (1), by striking ‘‘2022’’ and inserting
‘‘2023’’; and
(B) in paragraph (3), by inserting ‘‘the Director for
Administration and Management of the Department of
Defense,’’ after ‘‘the Chief Information Officer of the Department of Defense,’’; and
(2) in subsection (d)—
(A) by redesignating paragraph (6) as paragraph (9);
and
(B) by inserting after paragraph (5) the following new
paragraphs:
‘‘(6) Development and implementation of a uniform methodology for tracking and assessing cost savings and cost avoidance
from reform initiatives.
‘‘(7) Implementation of reform-focused research to improve
management and administrative science.

H. R. 7776—357
‘‘(8) Tracking and implementation of technological
approaches to improve management decision-making, such as
artificial intelligence tools.’’.
SEC. 912. BRIEFING ON CHANGES TO UNIFIED COMMAND PLAN.

Paragraph (2) of section 161(b) of title 10, United States Code,
is amended to read as follows:
‘‘(2) Except during time of hostilities or imminent threat of
hostilities, the President shall—
‘‘(A) not more than 60 days after establishing a new combatant command—
‘‘(i) notify Congress of the establishment of such command; and
‘‘(ii) provide to Congress a briefing on the establishment
of such command; and
‘‘(B) not more than 60 days after significantly revising
the missions, responsibilities, or force structure of an existing
combatant command—
‘‘(i) notify Congress of such revisions; and
‘‘(ii) provide to Congress a briefing on such revisions.’’.
SEC. 913. CLARIFICATION OF PEACETIME FUNCTIONS OF THE NAVY.

Section 8062(a) of title 10, United States Code, is amended—
(1) in the second sentence, by striking ‘‘primarily’’ and
inserting ‘‘for the peacetime promotion of the national security
interests and prosperity of the United States and’’; and
(2) in the third sentence, by striking ‘‘for the effective
prosecution of war’’ and inserting ‘‘for the duties described
in the preceding sentence’’.
SEC. 914. RESPONSIBILITIES AND FUNCTIONS RELATING TO ELECTROMAGNETIC SPECTRUM OPERATIONS.

Section 1053(g) of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115–232; 10
U.S.C. 113 note) is amended—
(1) in the subsection heading, by striking ‘‘TRANSFER OF
RESPONSIBILITIES AND FUNCTIONS RELATING TO ELECTROMAGNETIC SPECTRUM OPERATIONS’’ and inserting ‘‘REPORT ON
APPROPRIATE ALIGNMENT OF RESPONSIBILITIES AND FUNCTIONS
RELATING TO ELECTROMAGNETIC SPECTRUM OPERATIONS;
EVALUATIONS’’;
(2) by striking paragraphs (1), (2), and (5);
(3) by inserting the following new paragraph (1):
‘‘(1) REPORT REQUIRED.—
‘‘(A) IN GENERAL.—Not later than March 31, 2023,
the Secretary of Defense shall submit to the congressional
defense committees a report on the appropriate alignment
of electromagnetic spectrum operations responsibilities and
functions.
‘‘(B) CONSIDERATIONS.—In developing the report
required by subparagraph (A), the Secretary of Defense
shall consider the following:
‘‘(i) The appropriate role of each existing organization and element of the Department of Defense with
responsibilities or functions relating to electromagnetic
spectrum operations and the potential establishment
of a new entity dedicated electromagnetic spectrum

H. R. 7776—358
operations within one or more of those organizations
or elements.
‘‘(ii) Whether the organizational structure responsible for electromagnetic spectrum operations within
the Department—
‘‘(I) should be a unitary structure, in which
a single organization or element is primarily
responsible for all aspects of such operations; or
‘‘(II) a hybrid structure, in which separate
organizations or elements are responsible for different aspects of electromagnetic spectrum operations.
‘‘(iii) The resources required to fulfill the specified
responsibilities and functions.’’; and
(4) by redesignating paragraphs (3) and (4) as paragraphs
(2) and (3), respectively.
SEC. 915. JOINT ALL DOMAIN COMMAND AND CONTROL.

(a) DIRECTION AND CONTROL OF JOINT ALL DOMAIN COMMAND
CONTROL.—The Deputy Secretary of Defense, in coordination
with the Vice Chairman of the Joint Chiefs of Staff, shall oversee
joint all domain command and control (commonly known as
‘‘JADC2’’) to ensure—
(1) close collaboration with the Joint Requirements Oversight Council, the combatant commands, and the military services regarding operational requirements and requirements
satisfaction relating to joint all domain command and control;
and
(2) objective assessments to the Deputy Secretary and Vice
Chairman about the progress of the Department of Defense
in achieving the objectives of joint all domain command and
control.
(b) DEMONSTRATIONS AND FIELDING OF MISSION THREADS.—
(1) IN GENERAL.—The Deputy Secretary and Vice Chairman
shall take the following actions in support of the objectives
described in paragraph (2):
(A) In consultation with the Commander of the United
States Indo-Pacific Command and the commanders of such
other combatant commands as may be designated by the
Deputy Secretary—
(i) identify a prioritized list of difficult missioncritical operational challenges specific to the area of
operations of the designated commands;
(ii) design and recommend resourcing options,
through the Office of Cost Analysis and Program
Evaluation and the Management Action Group of the
Deputy Secretary, a series of multi-domain, multiservice and multi-agency, multi-platform, and multisystem end-to-end integrated kinetic and non-kinetic
mission threads, including necessary battle management functions, to solve the operational challenges
identified in clause (i);
(iii) demonstrate the ability to execute the
integrated mission threads identified in clause (ii) in
realistic conditions on a repeatable basis, including
the ability to achieve, through mission integration software, interoperability among effects chain components

AND

H. R. 7776—359
that do not conform to common interface standards,
including the use of the System of Systems Technology
Integration Tool Chain for Heterogeneous Electronic
Systems (commonly known as ‘‘STITCHES’’) managed
by the 350th Spectrum Warfare Wing of the Department of the Air Force; and
(iv) create a plan to deploy the mission threads
to the area of operations of the United States IndoPacific Command and such other combatant commands
as may be designated by Deputy Secretary, and execute
the mission threads at the scale and pace required
to solve the identified operational challenges, including
necessary logistics and sustainment capabilities.
(B) Designate organizations to serve as transition partners for integrated mission threads and ensure such
integrated mission threads are maintained and exercised
as operational capabilities in the United States Indo-Pacific
Command and such other combatant commands as may
be designated by Deputy Secretary.
(C) Designate organizations and elements of the
Department of Defense as the Deputy Secretary determines
appropriate to be responsible for—
(i) serving as mission managers for composing and
demonstrating the integrated mission threads under
the mission management pilot program established by
section 871 of the National Defense Authorization Act
for Fiscal Year 2022 (Public Law 117–81; 10 U.S.C.
191 note);
(ii) providing continuing support and sustainment
for, and training and exercising of, the integrated mission threads under the operational command of the
Commander of United States Indo-Pacific Command
and such other combatant commands as may be designated by Deputy Secretary;
(iii) planning and executing experimentation and
demonstrations with—
(I) Joint data integration approaches;
(II) mission integration capabilities, especially
software; and
(III) Joint tactics, techniques, and procedures;
(iv) assisting in fielding mission integration software to encourage the development and employment
of such software on a larger scale, especially at the
designated combatant commands;
(v) assessing and integrating, as appropriate, the
capabilities of Assault Breaker II, developed by the
Defense Advanced Research Projects Agency, and
related developmental efforts as those efforts transition
to operational deployment; and
(vi) integrating joint all domain command and control mission threads and mission command and control,
including in conflicts that arise with minimal warning,
and exercising other joint all domain command and
control capabilities and functions.
(D) Integrate the planning and demonstrations of the
mission threads with—

H. R. 7776—360
(i) the Production, Exploitation, and Dissemination
Center in the United States Indo-Pacific Command;
(ii) the Family of Integrated Targeting Cells; and
(iii) the tactical dissemination and information
sharing systems for the Armed Forces and allies of
the United States, including the Mission Partner
Environment and the Maven Smart System.
(2) OBJECTIVES DESCRIBED.—The objectives described in
this paragraph are the following—
(A) to support the emphasis of the National Defense
Strategy on adversary-specific deterrence postures;
(B) to support actions that can be taken within the
period covered by the future-years defense program focused
on—
(i) critical mission threads, such as kinetic kill
chains and non-kinetic effects chains; and
(ii) integrated concepts of operation;
(C) to support demonstrations and experimentation;
and
(D) to achieve the objectives of the Joint All Domain
Command and Control Strategy and Implementation Plan
approved by the Deputy Secretary of Defense.
(c) PERFORMANCE GOALS.—The Deputy Secretary, the Vice
Chairman, and the commanders of such other combatant commands
as may be designated by the Deputy Secretary shall seek to—
(1) beginning in the third quarter of fiscal year 2023,
demonstrate new integrated mission threads on a regularly
recurring basis multiple times each year; and
(2) include such demonstrations, as feasible, in the Rapid
Defense Experimentation Reserve campaign of experimentation,
Valiant Shield, Northern Edge, the Large Scale Global Exercise,
the quarterly Scarlet Dragon exercises, the Global Information
Dominance Experiments, and annual force exercises in the
area of responsibility of the United States Indo-Pacific Command.
(d) DEFINITIONS.—In this section:
(1) The term ‘‘Deputy Secretary’’ means the Deputy Secretary of Defense.
(2) The term ‘‘Family of Integrated Targeting Cells’’ means
the Maritime Targeting Cell-Afloat, the Maritime Targeting
Cell-Expeditionary, the Tactical Intelligence Targeting Access
Node, Tactical Operations Center Medium/Light, and other
interoperable command and control nodes that are able to task
the collection of, receive, process, and disseminate track and
targeting information from many sensing systems in disconnected, denied, intermittent or limited bandwidth conditions.
(3) The term ‘‘joint all domain command and control’’ refers
to the warfighting capabilities that support commander decision
making at all echelons from campaigning to conflict, across
all domains, and with partners, to deliver information advantage.
(4) The term ‘‘mission command’’ is the employment of
military operations through decentralized execution based upon
mission-type orders and the intent of commanders.
(5) The terms ‘‘mission thread’’, ‘‘kill chain’’, and ‘‘effects
chain’’ have the meanings given those terms in the publication
of the Office of the Under Secretary of Defense for Research

H. R. 7776—361
and Engineering titled ‘‘Mission Engineering Guide’’ and dated
November 2020.
(6) The term ‘‘Vice Chairman’’ means the Vice Chairman
of the Joint Chiefs of Staff.
SEC. 916. STRATEGIC MANAGEMENT DASHBOARD DEMONSTRATION.

(a) IN GENERAL.—Not later than one year after the date of
the enactment of this Act, the Secretary of Defense shall conduct
a demonstration of a strategic management dashboard to automate
the data collection and data visualization of the primary management goals of the Department of Defense.
(b) ELEMENTS.—The Secretary of Defense shall ensure that
the strategic management dashboard demonstrated under subsection (a) includes the following:
(1) The capability for real-time monitoring of the performance of the Department of Defense in meeting the management
goals of the Department.
(2) An integrated analytics capability, including the ability
to dynamically add or upgrade new capabilities when needed.
(3) Integration with the framework required by subsection
(c) of section 125a of title 10, United States Code, for measuring
the progress of the Department toward covered elements of
reform (as defined in subsection (d) of that section).
(4) Incorporation of the elements of the strategic management plan required by section 904(d) of the National Defense
Authorization Act of Fiscal Year 2008 (Public Law 110–181;
10 U.S.C. note prec. 2201), as derived from automated data
feeds from existing information systems and databases.
(5) Incorporation of the elements of the most recent annual
performance plan of the Department required by section 1115(b)
of title 31, United States Code, and the most recent update
on performance of the Department required by section 1116
of that title.
(6) Use of artificial intelligence and machine learning tools
to improve decision making and assessment relating to data
analytics.
(7) Adoption of leading and lagging indicators for key strategic management goals.
(c) AUTHORITIES.—
(1) IN GENERAL.—In conducting the demonstration required
by subsection (a), the Secretary of Defense may use the authorities described in paragraph (2), and such other authorities
as the Secretary considers appropriate—
(A) to help accelerate the development of innovative
technological or process approaches; and
(B) to attract new entrants to solve the data management and visualization challenges of the Department.
(2) AUTHORITIES DESCRIBED.—The authorities described in
this paragraph are the authorities provided under the following
provisions of law:
(A) Section 4025 of title 10, United States Code
(relating to prizes for advanced technology achievements).
(B) Section 217 of the National Defense Authorization
Act for Fiscal Year 2016 (Public Law 114–92; 10 U.S.C.
2222 note) (relating to science and technology activities
to support business systems information technology acquisition programs).

H. R. 7776—362
(C) Section 908 of the National Defense Authorization
Act for Fiscal Year 2022 (Public Law 117–81; 10 U.S.C.
129a note) (relating to management innovation activities).
(d) USE OF BEST PRACTICES.—In conducting the demonstration
required by subsection (a), the Secretary of Defense shall leverage
commercial best practices in management and leading research
in management and data science.
(e) STRATEGIC MANAGEMENT DASHBOARD DEFINED.—In this section, the term ‘‘strategic management dashboard’’ means a system
for dynamically displaying management metrics, performance goals,
and other information necessary for Department of Defense leadership to make strategic decisions related to the management of
the Department using modern, commercial practices for data visualization and drawn from existing automated information systems
available to the Department.
SEC. 917. DEMONSTRATION PROGRAM FOR COMPONENT CONTENT
MANAGEMENT SYSTEMS.

(a) IN GENERAL.—Not later than July 1, 2023, the Chief
Information Officer of the Department of Defense, in coordination
with the official designated under section 238(b) of the John S.
McCain National Defense Authorization Act for Fiscal Year 2019
(Public Law 115–232; 10 U.S.C. note prec. 4061), shall complete
a pilot program to demonstrate the application of component content
management systems to a distinct set of data of the Department.
(b) SELECTION OF DATA SET.—In selecting a distinct set of
data of the Department for purposes of the pilot program required
by subsection (a), the Chief Information Officer shall consult with,
at a minimum, the following:
(1) The Office of the Secretary of Defense, with respect
to directives, instructions, and other regulatory documents of
the Department.
(2) The Office of the Secretary of Defense and the Joint
Staff, with respect to execution orders.
(3) The Office of the Under Secretary of Defense for
Research and Engineering and the military departments, with
respect to technical manuals.
(4) The Office of the Under Secretary of Defense for Acquisition and Sustainment, with respect to Contract Data Requirements List documents.
(c) AUTHORITY TO ENTER INTO CONTRACTS.—Subject to the
availability of appropriations, the Secretary of Defense may enter
into contracts or other agreements with public or private entities
to conduct studies and demonstration projects under the pilot program required by subsection (a).
(c) BRIEFING REQUIRED.—Not later than 60 days after the date
of the enactment of this Act, the Chief Information Officer shall
provide to the congressional defense committees a briefing on plans
to implement the pilot program required by subsection (a).
(d) COMPONENT CONTENT MANAGEMENT SYSTEM DEFINED.—
In this section, the term ‘‘component content management system’’
means any content management system that enables the management of content at a component level instead of at the document
level.

H. R. 7776—363
SEC. 918. REPORT ON POTENTIAL TRANSITION OF ALL MEMBERS OF
THE SPACE FORCE INTO A SINGLE COMPONENT.

(a) REPORT REQUIRED.—Not later than March 1, 2023, the
Secretary of Defense shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a report
on the proposal of the Air Force to transition the Space Force
into a single component (in this section referred to as the Space
Component)—
(1) that consists of all members of the Space Force, without
regard to whether such a member is, under laws in effect
at the time of the report, in the active or reserve component
of the Space Force; and
(2) in which such members may transfer between duty
statuses more freely than would otherwise be allowed under
the laws in effect at the time of the report.
(b) ELEMENTS.—The report required under subsection (a) shall
include the following:
(1) A plan that describes any rules, regulations, policies,
guidance, and statutory provisions that may be implemented
to govern—
(A) the ability of a member of the Space Component
to transfer between duty statuses, the number of members
authorized to make such transfers, and the timing of such
transfers;
(B) the retirement of members of the Space Component,
including the determination of a member’s eligibility for
retirement and the calculation of the retirement benefits
(including benefits under laws administered by the Secretary of Veterans Affairs) to which the member would
be entitled based on a career consisting of service in duty
statuses of the Space Component; and
(C) the composition and operation of promotion selection boards with respect to members of the Space Component, including the treatment of general officers by such
boards.
(2) A comprehensive analysis of how such proposal may
affect the ability of departments and agencies of the Federal
Government (including departments and agencies outside the
Department of Defense and the Department of Veterans Affairs)
to accurately calculate the pay or determine the benefits,
including health care benefits under chapter 55 of title 10,
United States Code, to which a member or former member
of the Space Component is entitled at any given time.
(3) Draft legislative text, prepared by the Office of Legislative Counsel within the Office of the General Counsel of the
Department of Defense, that comprehensively sets forth all
amendments and modifications to Federal statutes needed to
effectively implement the proposal described in subsection (a),
including—
(A) amendments and modifications to titles 10, 37,
and 38, United States Code;
(B) amendments and modifications to Federal statutes
outside of such titles; and
(C) an analysis of each provision of Federal statutory
law that refers to the duty status of a member of an
Armed Force, or whether such member is in an active
or reserve component, and, for each such provision—

H. R. 7776—364
(i) a written determination indicating whether
such provision requires amendment or other modification to clarify its applicability to a member of the
Space Component; and
(ii) if such an amendment or modification is
required, draft legislative text for such amendment
or modification.
(4) An assessment of the feasibility and advisability of—
(A) exempting the proposed Space Component from
the existing ‘‘up or out’’ system of officer career advancement first established by the amendments to title 10,
United States Code, made by the Defense Officer Personnel
Management Act (Public Law 96–513; 94 Stat. 2835);
(B) combining active and reserve components in a new,
single Space Component and whether a similar outcome
could be achieved using the existing active and reserve
component frameworks with modest statutory changes to
allow reserve officers to serve on sustained active duty;
and
(C) creating career flexibility for reserve members of
the Space Component, including in shifting retirement
points earned from one year to the next and allowing
members of the Space Component to move back and forth
between active and reserve status for prolonged periods
of time across a career.
(5) An assessment of the implications of the proposed
reorganization of the Space Force on the development of space
as a warfighting domain in the profession of arms, particularly
with respect to officer leadership, development, and stewardship
of the profession.
(6) A determination of whether existing government ethics
regulations are adequate to address potential conflicts of
interest for Space Component officers who seek to move back
and forth between sustained active duty and working for private
sector organizations in the space industry as reserve officers
in the Space Component.
(7) An analysis of the following:
(A) Whether the proposed Space Component framework
is consistent with the joint service requirements of chapter
38 of title 10, United States Code.
(B) Budgetary implications of the establishment of the
Space Component.
(C) The nature of the relationship with private industry
and civilian employers that would be required and consistent with professional ethics to successfully implement
the Space Component.
(D) The effect of establishing a Space Component on
diversity and inclusion within the Space Force.

TITLE X—GENERAL PROVISIONS
Subtitle A—Financial Matters
Sec. 1001. General transfer authority.
Sec. 1002. Sense of Congress relating to the corrective action plans review process.
Sec. 1003. Annual reports on budgetary effects of inflation.

H. R. 7776—365
Subtitle B—Counterdrug Activities
Sec. 1011. Extension of authority to support a unified counterdrug and counterterrorism campaign in Colombia.
Subtitle C—Naval Vessels and Shipyards
Sec. 1021. Modification to annual naval vessel construction plan.
Sec. 1022. Navy consultation with Marine Corps on major decisions directly concerning Marine Corps amphibious force structure and capability.
Sec. 1023. Amphibious warship force structure.
Sec. 1024. Modification to limitation on decommissioning or inactivating battle
force ships before end of expected service life.
Sec. 1025. Amphibious warfare ship assessment and requirements.
Sec. 1026. Battle force ship employment, maintenance, and manning baseline
plans.
Sec. 1027. Withholding of certain information about sunken military crafts.
Sec. 1028. Business case analyses on disposition of certain Government-owned drydocks.
Sec. 1029. Prohibition on retirement of certain naval vessels.
Subtitle D—Counterterrorism
Sec. 1031. 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. 1032. 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. 1033. Modification and extension of prohibition on use of funds for transfer or
release of individuals detained at United States Naval Station, Guantanamo Bay, Cuba, to certain countries.
Sec. 1034. Extension of prohibition on use of funds to close or relinquish control of
United States Naval Station, Guantanamo Bay, Cuba.
Subtitle E—Miscellaneous Authorities and Limitations
Sec. 1041. Submission of national defense strategy in classified and unclassified
form.
Sec. 1042. Department of Defense support for funerals and memorial events for
Members and former Members of Congress.
Sec. 1043. Modification of authority for humanitarian demining assistance and
stockpiled conventional munitions assistance.
Sec. 1044. Modification of provisions relating to anomalous health incidents.
Sec. 1045. Security clearances for recently separated members of the Armed Forces
and civilian employees of the Department of Defense.
Sec. 1046. Integrated and authenticated access to Department of Defense systems
for certain congressional staff for oversight purposes.
Sec. 1047. Introduction of entities in transactions critical to national security.
Sec. 1048. Joint training pipeline between United States Navy and Royal Australian Navy.
Sec. 1049. Standardization of sectional barge construction for Department of Defense use on rivers and intercoastal waterways.
Sec. 1050. Department of Defense support for recently enacted commissions.
Subtitle F—Studies and Reports
Sec. 1051. Modification of annual report on unfunded priorities.
Sec. 1052. Congressional notification of military information support operations in
the information environment.
Sec. 1053. Modification and continuation of reporting requirement relating to humanitarian assistance.
Sec. 1054. Briefing on Global Force Management Allocation Plan.
Sec. 1055. Report and budget details regarding Operation Spartan Shield.
Sec. 1056. Annual report on civilian casualties in connection with United States
military operations.
Sec. 1057. Extension of certain reporting deadlines.
Sec. 1058. Extension and modification of reporting requirement regarding enhancement of information sharing and coordination of military training between Department of Homeland Security and Department of Defense.
Sec. 1059. Continuation of requirement for annual report on National Guard and
reserve component equipment.
Sec. 1060. Modification of authority of Secretary of Defense to transfer excess aircraft to other departments of the Federal Government and authority to
transfer excess aircraft to States.

H. R. 7776—366
Sec. 1061. Combatant command risk assessment for airborne intelligence, surveillance, and reconnaissance.
Sec. 1062. Study on military training routes and special use air space near wind
turbines.
Sec. 1063. Annual reports on safety upgrades to the high mobility multipurpose
wheeled vehicle fleets.
Sec. 1064. Department of Defense delays in providing comments on Government
Accountability Office reports.
Sec. 1065. Justification for transfer or elimination of certain flying missions.
Sec. 1066. Reports on United States military force presence in Europe.
Sec. 1067. Report on Department of Defense practices regarding distinction between combatants and civilians in United States military operations.
Sec. 1068. Report on strategy and improvement of community engagement efforts
of Armed Forces in Hawaii.
Sec. 1069. Report on Department of Defense military capabilities in the Caribbean.
Sec. 1070. Quarterly briefings on Department of Defense support for civil authorities to address immigration at the southwest border.
Sec. 1071. Annual report on procurement of equipment by State and local governments through the Department of Defense.
Sec. 1072. Briefing on financial oversight of certain educational institutions receiving Department of Defense funds.
Sec. 1073. Report on effects of certain ethics requirements on Department of Defense hiring, retention, and operations.
Sec. 1074. Joint Concept for Competing.
Sec. 1075. Analysis of feasibility and advisability of relocating major units of the
United States Armed Forces to certain European countries.
Sec. 1076. Report on effects of strategic competitor naval facilities in Africa.
Sec.
Sec.
Sec.
Sec.

1081.
1082.
1083.
1084.

Sec. 1085.
Sec. 1086.
Sec. 1087.
Sec. 1088.
Sec. 1089.
Sec. 1090.
Sec. 1091.
Sec. 1092.
Sec. 1093.

Subtitle G—Other Matters
Technical and conforming amendments.
Department of Defense Civilian Protection Center of Excellence.
Ronald V. Dellums Memorial Fellowship in STEM.
Amendment to memorial for members of the Armed Forces killed in attack on Hamid Karzai International Airport.
Public availability of cost of certain military operations.
Combating military reliance on Russian energy.
Establishment of joint force headquarters in area of operations of United
States Indo-Pacific Command.
National tabletop exercise.
Personnel supporting the Office of the Assistant Secretary of Defense for
Special Operations and Low Intensity Conflict.
Sense of Congress on redesignation of the Africa Center for Strategic
Studies as the James M. Inhofe Center for Africa Strategic Studies.
Integration of electronic warfare into Tier 1 and Tier 2 joint training exercises.
National Commission on the Future of the Navy.
Dynamic airspace pilot program.

Subtitle A—Financial Matters
SEC. 1001. GENERAL TRANSFER AUTHORITY.

(a) AUTHORITY TO TRANSFER AUTHORIZATIONS.—
(1) AUTHORITY.—Upon determination by the Secretary of
Defense that such action is necessary in the national interest,
the Secretary may transfer amounts of authorizations made
available to the Department of Defense in this division for
fiscal year 2023 between any such authorizations for that fiscal
year (or any subdivisions thereof). Amounts of authorizations
so transferred shall be merged with and be available for the
same purposes as the authorization to which transferred.
(2) LIMITATION.—Except as provided in paragraph (3), the
total amount of authorizations that the Secretary may transfer
under the authority of this section may not exceed
$6,000,000,000.
(3) EXCEPTION FOR TRANSFERS BETWEEN MILITARY PERSONNEL AUTHORIZATIONS.—A transfer of funds between military

H. R. 7776—367
personnel authorizations under title IV shall not be counted
toward the dollar limitation in paragraph (2).
(b) LIMITATIONS.—The authority provided by subsection (a) to
transfer authorizations—
(1) may only be used to provide authority for items that
have a higher priority than the items from which authority
is transferred; and
(2) may not be used to provide authority for an item that
has been denied authorization by Congress.
(c) EFFECT ON AUTHORIZATION AMOUNTS.—A transfer made
from one account to another under the authority of this section
shall be deemed to increase the amount authorized for the account
to which the amount is transferred by an amount equal to the
amount transferred.
(d) NOTICE TO CONGRESS.—The Secretary shall promptly notify
Congress of each transfer made under subsection (a).
SEC. 1002. SENSE OF CONGRESS RELATING TO THE CORRECTIVE
ACTION PLANS REVIEW PROCESS.

It is the sense of Congress that the Under Secretary of Defense
(Comptroller) should—
(1) take appropriate steps to improve the corrective action
plans review process, including by linking notices of findings
and recommendations with the corrective action plans to
address such notices; and
(2) update Department of Defense guidance to instruct
the Department and its components to document root cause
analysis when needed to address deficiencies auditors have
identified.
SEC. 1003. ANNUAL REPORTS ON BUDGETARY EFFECTS OF INFLATION.

(a) ANNUAL REPORT.—Not later than 30 days after the date
of the submission of the President’s budget for a fiscal year under
section 1105 of title 31, United States Code, the Secretary of Defense
shall deliver to the congressional defense committees a report on
observed and anticipated budgetary effects related to inflation,
including—
(1) for each Department of Defense appropriation account—
(A) the amount appropriated for the fiscal year preceding the fiscal year during which the report is submitted,
the amount appropriated for the fiscal year during which
the report is submitted, and the amount requested for
the fiscal year for which the budget is submitted;
(B) the relevant inflation index applied to each such
account at the time of the budget submission for the fiscal
year preceding the fiscal year during which the report
is submitted, the fiscal year during which the report is
submitted, and the fiscal year for which the budget is
submitted;
(C) the actual inflationary budgetary effects on each
such account for the fiscal year preceding the fiscal year
during which the report is submitted;
(D) the estimated inflationary budgetary effects for
the fiscal year during which the report is submitted and
the fiscal year for which the budget is submitted; and
(E) a calculation of estimated budgetary effects due
to inflation using the estimated indices for the fiscal year
during which the report is submitted compared to the

H. R. 7776—368
estimated indices for the fiscal year for the budget is submitted.
(2) for the fiscal year preceding the fiscal year during
which the report is submitted, the fiscal year during which
the report is submitted, and the fiscal year for which the
budget is submitted, a summary of any requests for equitable
adjustment, exercising of economic price adjustment (hereinafter referred to as ‘‘EPA’’) clauses, or bilateral contract modifications to include an EPA, including the contract type and
fiscal year and the type and amount of appropriated funds
used for the contract;
(3) a summary of any methodological changes in Department of Defense cost estimation practices for inflationary budgetary effects for the fiscal year during which the report is
submitted and the fiscal year for which the budget is submitted;
and
(4) any other matters the Secretary determines appropriate.
(b) PERIODIC BRIEFING.—Not later than 60 days after the
conclusion of the Department of Defense budget mid-year review,
the Secretary of Defense shall provide the congressional defense
committees with a briefing on—
(1) any changes in the observed or anticipated inflation
indices included in the report required under subsection (a);
(2) any actions taken by the Department of Defense to
respond to changes discussed in such report, with specific dollar
value figures; and
(3) any requests for equitable adjustment received by the
Department of Defense, economic price adjustment clauses exercised, or bilateral contract modifications to include an EPA
made since the submission of the report required under subsection (a).
(c) TERMINATION.—The requirement to submit a report under
subsection (a) and the requirement to provide a briefing under
subsection (b) shall terminate on the date that is five years after
the date of the enactment of this Act.

Subtitle B—Counterdrug Activities
SEC. 1011. EXTENSION OF AUTHORITY TO SUPPORT A UNIFIED
COUNTERDRUG AND COUNTERTERRORISM CAMPAIGN IN
COLOMBIA.

Section 1021 of the Ronald W. Reagan National Defense
Authorization Act for Fiscal Year 2005 (Public Law 108–375; 118
Stat. 2042), as most recently amended by section 1007 of the
National Defense Authorization Act for Fiscal Year 2022 (Public
Law 117–81; 135 Stat. 1889), is further amended—
(1) in subsection (a)(1), by striking ‘‘2023’’ and inserting
‘‘2025’’; and
(2) in subsection (c), by striking ‘‘2023’’ and inserting
‘‘2025’’; and
(3) by adding at the end the following:
‘‘(h) ANNUAL REPORT ON PLAN COLOMBIA.—Not later than 30
days after the end of each fiscal year from 2023 to 2025, the
Secretary of Defense shall submit to the congressional defense
committees and the Committee on Foreign Relations of the Senate

H. R. 7776—369
and the Committee on Foreign Affairs of the House of Representatives a report that includes the following:
‘‘(1) An assessment of the threat to Colombia from narcotics
trafficking and activities by organizations designated as foreign
terrorist organizations under section 219(a) of the Immigration
and Nationality Act (8 U.S.C. 1189(a)).
‘‘(2) A description of the plan of the Government of
Colombia for the unified campaign described in subsection (a).
‘‘(3) A description of the activities supported using the
authority provided by subsection (a).
‘‘(4) An assessment of the effectiveness of the activities
described in paragraph (3) in addressing the threat described
in paragraph (1).’’.

Subtitle C—Naval Vessels and Shipyards
SEC. 1021. MODIFICATION TO ANNUAL NAVAL VESSEL CONSTRUCTION
PLAN.

Section 231(b)(2) of title 10, United States Code, is amended
by adding at the end the following new subparagraph:
‘‘(J) For any class of battle force ship for which the procurement of the final ship of the class is proposed in the relevant
future-years defense program submitted under section 221 of
this title—
‘‘(i) a description of the expected specific effects on
the Navy shipbuilding industrial base of—
‘‘(I) the termination of the production program for
the ship and the transition to a new or modified production program, or
‘‘(II) the termination of the production program
for the ship without a new or modified production
program to replace it; and
‘‘(ii) in the case of any such production program for
which a replacement production program is proposed, a
detailed schedule for the replacement production program
with planned decision points, solicitations, and contract
awards.’’.
SEC. 1022. NAVY CONSULTATION WITH MARINE CORPS ON MAJOR
DECISIONS DIRECTLY CONCERNING MARINE CORPS
AMPHIBIOUS FORCE STRUCTURE AND CAPABILITY.

(a) IN GENERAL.—Section 8026 of title 10, United States Code,
is amended by inserting ‘‘or amphibious force structure and capability’’ after ‘‘Marine Corps aviation’’.
(b) CLERICAL AMENDMENTS.—
(1) SECTION HEADING.—The heading of such section is
amended by inserting ‘‘or amphibious force structure and
capability’’ after ‘‘aviation’’.
(2) TABLE OF SECTIONS.—The table of sections at the beginning of chapter 803 of such title is amended by striking the

H. R. 7776—370
item relating to section 8026 and inserting the following new
item:
‘‘8026. Consultation with Commandant of the Marine Corps on major decisions directly concerning Marine Corps aviation or amphibious force structure
and capability.’’.
SEC. 1023. AMPHIBIOUS WARSHIP FORCE STRUCTURE.

Section 8062 of title 10, United States Code, is amended—
(1) in subsection (b)—
(A) in the first sentence, by inserting ‘‘and not less
than 31 operational amphibious warfare ships, of which
not less than 10 shall be amphibious assault ships’’ before
the period; and
(B) in the second sentence—
(i) by inserting ‘‘or amphibious warfare ship’’ before
‘‘includes’’; and
(ii) by inserting ‘‘or amphibious warfare ship’’
before ‘‘that is temporarily unavailable’’; and
(2) by adding at the end the following new subsection:
‘‘(g) In this section, the term ‘amphibious warfare ship’ means
a ship that is classified as an amphibious assault ship (general
purpose) (LHA), an amphibious assault ship (multi-purpose) (LHD),
an amphibious transport dock (LPD), or a dock landing ship (LSD).’’.
SEC. 1024. MODIFICATION TO LIMITATION ON DECOMMISSIONING OR
INACTIVATING BATTLE FORCE SHIPS BEFORE END OF
EXPECTED SERVICE LIFE.

(a) IN GENERAL.—Section 8678a(b) of title 10, United States
Code, is amended—
(1) in paragraph (1), by inserting ‘‘by not later than three
days after the date on which the President submits the budget
materials under section 1105(a) of title 31 for the fiscal year
in which such waiver is sought’’ after ‘‘such ship’’; and
(2) in paragraph (2), by striking ‘‘such certification was
submitted’’ and inserting ‘‘the National Defense Authorization
Act for such fiscal year is enacted’’.
(b) NO EFFECT ON CERTAIN SHIPS.—The amendments made
by subsection (a) do not apply to a battle force ship (as such
term is defined in section 8678a(e)(1) of title 10, United States
Code) that is proposed to be decommissioned or inactivated during
fiscal year 2023.
SEC. 1025. AMPHIBIOUS WARFARE SHIP ASSESSMENT AND REQUIREMENTS.

Section 8695 of title 10, United States Code, is amended by
adding at the end the following new subsection:
‘‘(e) AMPHIBIOUS WARFARE SHIPS.—In preparing each assessment and requirement under subsection (a), the Commandant of
the Marine Corps shall be specifically responsible for developing
the requirements relating to amphibious warfare ships.’’.
SEC. 1026. BATTLE FORCE SHIP EMPLOYMENT, MAINTENANCE, AND
MANNING BASELINE PLANS.

(a) IN GENERAL.—Chapter 863 of title 10, United States Code,
is amended by adding at the end the following new section:

H. R. 7776—371
‘‘§ 8696. Battle force ship employment, maintenance, and
manning baseline plans
‘‘(a) IN GENERAL.—Not later than 45 days after the date of
the delivery of the first ship in a new class of battle force ships,
the Secretary of the Navy shall submit to the congressional defense
committees a report on the employment, maintenance, and manning
baseline plans for the class, including a description of the following:
‘‘(1) The sustainment and maintenance plans for the class
that encompass the number of years the class is expected
to be in service, including—
‘‘(A) the allocation of maintenance tasks among
organizational, intermediate, depot, or other activities;
‘‘(B) the planned duration and interval of maintenance
for all depot-level maintenance availabilities; and
‘‘(C) the planned duration and interval of drydock
maintenance periods.
‘‘(2) Any contractually required integrated logistics support
deliverables for the ship, including technical manuals, and an
identification of—
‘‘(A) the deliverables provided to the Government on
or before the delivery date; and
‘‘(B) the deliverables not provided to the Government
on or before the delivery date and the expected dates
those deliverables will be provided to the Government.
‘‘(3) The planned maintenance system for the ship,
including—
‘‘(A) the elements of the system, including maintenance
requirement cards, completed on or before the delivery
date;
‘‘(B) the elements of the system not completed on or
before the delivery date and the expected completion date
of those elements; and
‘‘(C) the plans to complete planned maintenance from
the delivery date until all elements of the system have
been completed.
‘‘(4) The coordinated shipboard allowance list for the class,
including—
‘‘(A) the items on the list onboard on or before the
delivery date; and
‘‘(B) the items on the list not onboard on or before
the delivery date and the expected arrival date of those
items.
‘‘(5) The ship manpower document for the class, including—
‘‘(A) the number of officers by grade and designator;
and
‘‘(B) the number of enlisted personnel by rate and
rating.
‘‘(6) The personnel billets authorized for the ship for the
fiscal year in which the ship is delivered and each of the
four fiscal years thereafter, including—
‘‘(A) the number of officers by grade and designator;
and
‘‘(B) the number of enlisted personnel by rate and
rating.
‘‘(7) Programmed funding for manning and end strength
on the ship for the fiscal year in which the ship is delivered
and each of the four fiscal years thereafter, including—

H. R. 7776—372
‘‘(A) the number of officers by grade and designator;
and
‘‘(B) the number of enlisted personnel by rate and
rating.
‘‘(8) Personnel assigned to the ship on the delivery date,
including—
‘‘(A) the number of officers by grade and designator;
and
‘‘(B) the number of enlisted personnel by rate and
rating.
‘‘(9) For each critical hull, mechanical, electrical, propulsion, and combat system of the class as so designated by the
Senior Technical Authority pursuant to section 8669b(c)(2)(C)
of this title, the following:
‘‘(A) The Government-provided training available for
personnel assigned to the ship at the time of delivery,
including the nature, objectives, duration, and location of
the training.
‘‘(B) The contractor-provided training available for personnel assigned to the ship at the time of delivery,
including the nature, objectives, duration, and location of
the training.
‘‘(C) Plans to adjust how the training described in
subparagraphs (A) and (B) will be provided to personnel
after delivery, including the nature and timeline of those
adjustments.
‘‘(10) The notional employment schedule of the ship for
each month of the fiscal year in which the ship is delivered
and each of the four fiscal years thereafter, including an identification of time spent in the following phases:
‘‘(A) Basic.
‘‘(B) Integrated or advanced.
‘‘(C) Deployment.
‘‘(D) Maintenance.
‘‘(E) Sustainment.
‘‘(b) NOTIFICATION REQUIRED.—Not less than 30 days before
implementing a significant change to the baseline plans described
in subsection (a) or any subsequent significant change, the Secretary
of the Navy shall submit to the congressional defense committees
written notification of the change, including for each such change
the following:
‘‘(1) An explanation of the change.
‘‘(2) The desired outcome.
‘‘(3) The rationale.
‘‘(4) The duration.
‘‘(5) The operational effects.
‘‘(6) The budgetary effects, including—
‘‘(A) for the year in which the change is made;
‘‘(B) over the five years thereafter; and
‘‘(C) over the expected service life of the relevant class
of battle force ships.
‘‘(7) The personnel effects, including—
‘‘(A) for the year in which the change is made;
‘‘(B) over the five years thereafter; and
‘‘(C) over the expected service life of the relevant class
of battle force ships.
‘‘(8) The sustainment and maintenance effects, including—

H. R. 7776—373
‘‘(A) for the year in which the change is made;
‘‘(B) over the five years thereafter; and
‘‘(C) over the expected service life of the relevant class
of battle force ships.
‘‘(c) TREATMENT OF CERTAIN SHIPS.—(1) For the purposes of
this section, the Secretary of the Navy shall treat as the first
ship in a new class of battle force ships the following:
‘‘(A) U.S.S. John F. Kennedy (CVN–79).
‘‘(B) U.S.S. Michael Monsoor (DDG–1001).
‘‘(C) U.S.S. Jack H. Lucas (DDG–125).
‘‘(2) For each ship described in paragraph (1), the Senior Technical Authority shall identify critical systems for the purposes of
subsection (a)(9).
‘‘(d) DEFINITIONS.—In this section:
‘‘(1) The term ‘battle force ship’ means the following:
‘‘(A) A commissioned United States Ship warship
capable of contributing to combat operations.
‘‘(B) A United States Naval Ship that contributes
directly to Navy warfighting or support missions.
‘‘(2) The term ‘delivery’ has the meaning provided for in
section 8671 of this title.
‘‘(3) The term ‘Senior Technical Authority’ has the meaning
provided for in section 8669b of this title.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 863 of such title is amended by adding at the
end the following new item:
‘‘8696. Battle force ship employment, maintenance, and manning baseline plans.’’.
SEC. 1027. WITHHOLDING OF CERTAIN INFORMATION ABOUT SUNKEN
MILITARY CRAFTS.

Section 1406 of the Sunken Military Craft Act (title XIV of
Public Law 108–375; 10 U.S.C. 113 note) is amended by adding
at the end the following new subsection:
‘‘(j) WITHHOLDING OF CERTAIN INFORMATION.—Pursuant to subparagraphs (A)(ii) and (B) of section 552(b)(3) of title 5 United
States Code, the Secretary concerned may withhold from public
disclosure information and data about the location or related artifacts of a sunken military craft under the jurisdiction of the Secretary, if such disclosure would increase the risk of the unauthorized
disturbance of one or more sunken military craft.’’.
SEC. 1028. BUSINESS CASE ANALYSES ON DISPOSITION OF CERTAIN
GOVERNMENT-OWNED DRY-DOCKS.

(a) AFDM-10.—Not later than June 1, 2023, the Secretary
of the Navy shall submit to the congressional defense committees
the results of a business case analysis for Auxiliary Floating Dock,
Medium-10 (in this section referred to as ‘‘AFDM-10’’) that compares
the following options:
(1) The continued use of AFDM-10, in the same location
and under the same lease authorities in effect on the date
of the enactment of this Act.
(2) The relocation of AFDM-10 to Naval Station Everett,
including all infrastructure support requirement costs and
anticipated operating costs.
(3) The relocation and use of AFDM-10 in alternate locations under the same lease authorities in effect on the date

H. R. 7776—374
of the enactment of this Act, including all infrastructure support
requirement costs and anticipated operating costs.
(4) The relocation and use of AFDM-10 in alternate locations under alternative lease authorities.
(5) The conveyance of AFDM-10 at a fair market rate
to an appropriate non-Government entity with expertise in
the non-nuclear ship repair industry.
(6) Such other options as the Secretary determines appropriate.
(b) GRAVING DOCK AT NAVAL BASE, SAN DIEGO.—Not later
than June 1, 2023, the Secretary of the Navy shall submit to
the congressional defense committees the results of a business
case analysis for the Government-owned graving dock at Naval
Base San Diego, California, that compares the following options:
(1) The continued use of such graving dock, in accordance
with the utilization strategy described in the May 25, 2022
report to Congress entitled ‘‘Navy Dry Dock Strategy for Surface
Ship Maintenance and Repair’’.
(2) Such other options as the Secretary determines appropriate.
(c) MATTERS FOR EVALUATION.—The business case analyses
required under subsections (a) and (b) shall each include an evaluation of each of the following:
(1) The extent to which the Secretary plans to execute
a consistent and balanced docking strategy that ensures the
health of private sector maintenance and repair capability and
capacity.
(2) Legal, regulatory, and other requirements applicable
to each of the options considered under each such analysis,
including environmental documentation, and the effect that
such requirements are projected to have on the cost and
schedule of such option.
(3) The extent to which the Secretary is considering adding
dry dock capacity, including an analysis of the projected cost
of adding such capacity and the potential effects of adding
such capacity on private sector repair and maintenance facilities.
(4) The projected use by the Navy of Government and
non-Government dry docks assets through fiscal year 2027.
(5) For each option considered under each such analysis,
the projected implementation timeline and costs.
(6) For each option considered under each such analysis,
the relative maintenance capacity and output.
SEC. 1029. PROHIBITION ON RETIREMENT OF CERTAIN NAVAL VESSELS.

(a) IN GENERAL.—None of the funds authorized to be appropriated by this Act for fiscal year 2023 may be obligated or expended
to retire, prepare to retire, or place in storage—
(1) any of the naval vessels referred to in subsection (b);
or
(2) more than four Littoral Combat Ships.
(b) NAVAL VESSELS.—The naval vessels referred to in this subsection are the following:
(1) USS Vicksburg (CG 69).
(2) USS Germantown (LSD 42).
(3) USS Gunston Hall (LSD 44).

H. R. 7776—375
(4) USS Tortuga (LSD 46).
(5) USS Ashland (LSD 48).
(6) USNS Montford Point (T–ESD 1).
(7) USNS John Glenn (T–ESD 2).
(c) LITTORAL COMBAT SHIPS.—In the case of any Littoral Combat Ship that is retired, prepared to retire, or placed in storage
using funds authorized to be appropriated by this Act for fiscal
year 2023, the Secretary of Defense shall ensure that such vessel
is evaluated for potential transfer to the military forces of a nation
that is an ally or partner of the United States.

Subtitle D—Counterterrorism
SEC. 1031. EXTENSION OF PROHIBITION ON USE OF FUNDS FOR
TRANSFER OR RELEASE OF INDIVIDUALS DETAINED AT
UNITED STATES NAVAL STATION, GUANTANAMO BAY,
CUBA, TO THE UNITED STATES.

Section 1033 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132
Stat. 1953), as most recently amended by section 1033 of the
National Defense Authorization Act for Fiscal Year 2022 (Public
Law 117–81; 135 Stat. 1901), is further amended by striking
‘‘December 31, 2022’’ and inserting ‘‘December 31, 2023’’.
SEC. 1032. EXTENSION OF PROHIBITION ON USE OF FUNDS TO CONSTRUCT OR MODIFY FACILITIES IN THE UNITED STATES
TO HOUSE DETAINEES TRANSFERRED FROM UNITED
STATES NAVAL STATION, GUANTANAMO BAY, CUBA.

Section 1034(a) of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132
Stat. 1954), as most recently amended by section 1034 of the
National Defense Authorization Act for Fiscal Year 2022 (Public
Law 117–81; 135 Stat. 1901), is further amended by striking
‘‘December 31, 2022’’ and inserting ‘‘December 31, 2023’’.
SEC. 1033. MODIFICATION AND EXTENSION OF PROHIBITION ON USE
OF FUNDS FOR TRANSFER OR RELEASE OF INDIVIDUALS
DETAINED AT UNITED STATES NAVAL STATION, GUANTANAMO BAY, CUBA, TO CERTAIN COUNTRIES.

Section 1035 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132
Stat. 1954), as most recently amended by section 1032 of the
National Defense Authorization Act for Fiscal Year 2022 (Public
Law 117–81; 135 Stat. 1901), is further amended—
(1) by striking ‘‘December 31, 2022’’ and inserting
‘‘December 31, 2023’’;
(2) by redesignating paragraphs (1) through (4) as paragraphs (2) through (5), respectively; and
(3) by inserting before paragraph (2), as so redesignated,
the following new paragraph:
‘‘(1) Afghanistan.’’.
SEC. 1034. EXTENSION OF PROHIBITION ON USE OF FUNDS TO CLOSE
OR RELINQUISH CONTROL OF UNITED STATES NAVAL
STATION, GUANTANAMO BAY, CUBA.

Section 1036 of the National Defense Authorization Act for
Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1551), as most

H. R. 7776—376
recently amended by section 1035 of the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117–81; 135
Stat. 1901), is further amended by striking ‘‘2022’’ and inserting
‘‘2023’’.

Subtitle E—Miscellaneous Authorities and
Limitations
SEC. 1041. SUBMISSION OF NATIONAL DEFENSE STRATEGY IN CLASSIFIED AND UNCLASSIFIED FORM.

Section 113(g)(1)(D) of title 10, United States Code, is amended
by striking ‘‘in classified form with an unclassified summary.’’ and
inserting ‘‘in both classified and unclassified form. The unclassified
form may not be a summary of the classified document.’’.
SEC. 1042. DEPARTMENT OF DEFENSE SUPPORT FOR FUNERALS AND
MEMORIAL EVENTS FOR MEMBERS AND FORMER MEMBERS OF CONGRESS.

(a) IN GENERAL.—Chapter 3 of title 10, United States Code,
is amended by inserting after section 130 the following new section:
‘‘§ 130a. Department of Defense support for funerals and
memorial events for Members and former Members
of Congress
‘‘(a) SUPPORT FOR FUNERALS.—Subject to subsection (b), the
Secretary of Defense may provide such support as the Secretary
considers appropriate for a funeral or memorial event for a Member
or former Member of Congress, including support with respect
to transportation to and from such a funeral or memorial event,
in accordance with this section.
‘‘(b) REQUESTS FOR SUPPORT; SECRETARY DETERMINATION.—The
Secretary may provide support under this section—
‘‘(1) upon request from the Speaker of the House of Representatives, the Minority Leader of the House of Representatives, the Majority Leader of the Senate, or the Minority Leader
of the Senate; or
‘‘(2) if the Secretary determines such support is necessary
to carry out duties or responsibilities of the Department of
Defense.
‘‘(c) USE OF FUNDS.—The Secretary may use funds authorized
to be appropriated for operation and maintenance to provide support
under this section.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by inserting after the item relating
to section 130 the following new item:
‘‘130a. Department of Defense support for funerals and memorial events for Members and former Members of Congress.’’.
SEC.

1043.

MODIFICATION OF AUTHORITY FOR HUMANITARIAN
DEMINING ASSISTANCE AND STOCKPILED CONVENTIONAL MUNITIONS ASSISTANCE.

(a) LOCATION OF ASSISTANCE.—Section 407 of title 10, United
States Code, is amended—
(1) in subsection (a)(1)—
(A) in the matter preceding subparagraph (A)—

H. R. 7776—377
(i) by striking ‘‘carry out’’ and inserting ‘‘provide’’;
and
(ii) by striking ‘‘in a country’’ and inserting ‘‘to
a country’’; and
(B) in subparagraph (A), by striking ‘‘in which the
activities are to be carried out’’ and inserting ‘‘to which
the assistance is to be provided’’; and
(2) in subsection (d)—
(A) in paragraph (1)—
(i) by striking ‘‘in which’’ and inserting ‘‘to which’’;
and
(ii) by striking ‘‘carried out’’ and inserting ‘‘provided’’;
(B) in paragraph (2), by striking ‘‘carried out in’’ and
inserting ‘‘provided to’’;
(C) in paragraph (3)—
(i) by striking ‘‘in which’’ and inserting ‘‘to which’’;
and
(ii) by striking ‘‘carried out’’ and inserting ‘‘provided’’; and
(D) in paragraph (4), by striking ‘‘in carrying out such
assistance in each such country’’ and inserting ‘‘in providing
such assistance to each such country’’.
(b) EXPENSES.—Subsection (c) of such section 407 is amended—
(1) in paragraph (2), by adding at the end the following
new subparagraph:
‘‘(C) Travel, transportation, and subsistence expenses of
foreign personnel to attend training provided by the Department of Defense under this section.’’; and
(2) by striking paragraph (3).
(c) REPORT.—Subsection (d) of such section 407, as amended
by subsection (a)(2) of this section, is further amended in the
matter preceding paragraph (1), by striking ‘‘include in the annual
report under section 401 of this title a separate discussion of’’
and inserting ‘‘submit to the Committee on Armed Services and
the Committee on Foreign Relations of the Senate and the Committee on Armed Services and the Committee on Foreign Affairs
of the House of Representatives a report on’’.
SEC. 1044. MODIFICATION OF PROVISIONS RELATING TO ANOMALOUS
HEALTH INCIDENTS.

(a) CROSS-FUNCTIONAL TEAM.—Section 910 of the National
Defense Authorization Act for Fiscal Year 2022 (Public Law 117–
81; 10 U.S.C. 111 note) is amended—
(1) in subsection (b)—
(A) in paragraph (1), by striking ‘‘and any other’’ and
all that follows through ‘‘necessary; and’’ and inserting
‘‘, including the causation, attribution, mitigation, identification, and treatment for such incidents;’’;
(B) in paragraph (2)—
(i) by inserting ‘‘and deconflict’’ after ‘‘integrate’’;
(ii) by striking ‘‘agency’’ and inserting ‘‘agencies’’;
and
(iii) by striking the period at the end and inserting
‘‘; and’’; and
(C) by adding at the end the following new paragraph:

H. R. 7776—378
‘‘(3) any other efforts regarding such incidents that the
Secretary considers appropriate.’’; and
(2) in subsection (e)(2), by striking ‘‘90 days’’ and all that
follows through ‘‘of enactment’’ and inserting ‘‘March 1, 2023,
and not less frequently than once every 180 days thereafter
until March 1, 2026’’.
(b) ACCESS TO CERTAIN FACILITIES OF DEPARTMENT OF
DEFENSE.—Section 732 of the National Defense Authorization Act
for Fiscal Year 2022 (Public Law 117–81; 135 Stat. 1797; 10 U.S.C.
1071 note) is amended—
(1) in the section heading, by striking ‘‘UNITED STATES
GOVERNMENT EMPLOYEES AND THEIR FAMILY MEMBERS’’ and
inserting ‘‘COVERED INDIVIDUALS’’;
(2) in subsection (a), by striking ‘‘employees of the United
States Government and their family members who’’ and
inserting ‘‘covered individuals whom’’;
(3) in subsection (c), by striking ‘‘employees from those
agencies and their family members’’ and inserting ‘‘covered
individuals’’;
(4) in subsection (d)—
(A) by striking ‘‘employees of the United States Government and their family members’’ and inserting ‘‘covered
individuals’’; and
(B) by striking ‘‘subject to an agreement by the
employing agency and the consent of the employee’’ and
inserting ‘‘subject to the consent of the covered individual
and, if applicable, an agreement with the employing
agency’’; and
(5) by adding at the end the following new subsection:
‘‘(e) COVERED INDIVIDUALS DEFINED.—In this section, the term
‘covered individuals’ means—
‘‘(1) current and former employees of the United States
Government and their family members; and
‘‘(2) current and former members of the Armed Forces
and their family members.’’.
SEC. 1045. SECURITY CLEARANCES FOR RECENTLY SEPARATED MEMBERS OF THE ARMED FORCES AND CIVILIAN EMPLOYEES
OF THE DEPARTMENT OF DEFENSE.

(a) IMPROVEMENTS.—
(1) IN GENERAL.—No later than September 30, 2023, the
Secretary of Defense, in coordination with the Director of
National Intelligence when acting as the Security Executive
Agent, shall establish a process to—
(A) determine, on the date on which a covered individual separates from the Armed Forces or the Department
of Defense (as the case may be), whether the covered individual held an eligibility to access classified information
or to occupy a sensitive position immediately prior to such
separation and requires an eligibility of an equal or lower
level for employment as a covered contractor, except as
provided in subsection (b);
(B) ensure that the re-establishment of trust of a covered individual’s eligibility to occupy a sensitive position
takes place expeditiously, in accordance with applicable
laws, Executive Orders, or Security Executive Agent policy;
and

H. R. 7776—379
(C) ensure that any additional security processing
required to re-establish trust to reinstate a covered individual’s eligibility to access classified information or occupy
a sensitive position takes place expeditiously.
(2) COAST GUARD.—In the case of a member of the Armed
Forces who is a member of the Coast Guard, the Secretary
of Defense shall carry out paragraph (1) in consultation with
the Secretary of the Department in which the Coast Guard
is operating.
(b) EXCEPTIONS.—
(1) IN GENERAL.—Subsection (a) shall not apply with
respect to a covered individual—
(A) whose previously held security clearance is, or was
as of the date of separation of the covered individual,
under review as a result of one or more potentially disqualifying factors or conditions that have not been fully investigated or mitigated; or
(B) in the case of a member of the Armed Forces,
who separated from the Armed Forces under other than
honorable conditions.
(2) CLARIFICATION OF REVIEW EXCEPTION.—The exception
specified in paragraph (1)(A) shall not apply with respect to
a routine periodic reinvestigation or a continuous vetting investigation in which no potentially disqualifying factors or conditions have been found.
(c) DEFINITIONS.—In this section:
(1) The term ‘‘covered contractor’’ means an individual who
is employed by an entity that carries out work under a contract
with the Department of Defense or an element of the intelligence community.
(2) The term ‘‘covered individual’’ means a former member
of the Armed Forces or a former civilian employee of the Department of Defense.
(3) The term ‘‘intelligence community’’ has the meaning
given that term in section 3 of the National Security Act of
1947 (50 U.S.C. 3003).
SEC. 1046. INTEGRATED AND AUTHENTICATED ACCESS TO DEPARTMENT OF DEFENSE SYSTEMS FOR CERTAIN CONGRESSIONAL STAFF FOR OVERSIGHT PURPOSES.

(a) IN GENERAL.—The Secretary of Defense shall develop processes and procedures under which the Secretary shall issue access
tokens to staff of the congressional defense committees to facilitate
the performance of required congressional oversight activities. Such
access tokens shall—
(1) provide designated and authenticated staff with access
to designated Department of Defense information systems,
including—
(A) the reporting system described in section 805(b)
of the National Defense Authorization Act for Fiscal Year
2022 (Public Law 117–81) that will replace the Selected
Acquisition Report requirements under section 4351 of title
10, United States Code; and
(B) the process referred to in section 908 of the William
(Mac) Thornberry National Defense Authorization Act for
Fiscal Year 2021 (Public Law 116–283) that is used by
the Department of Defense to identify reports to Congress

H. R. 7776—380
required by annual national defense authorization Acts,
assign responsibility for preparation of such reports, and
manage the completion and delivery of such reports to
Congress; and
(2) to the extent feasible, be integrated with the provision
of Pentagon Facilities Alternative Credentials.
(b) IMPLEMENTATION.—The Secretary shall implement the processes and procedures developed under subsection (a) not later than
180 days after the date of the enactment of this Act.
(c) INTERIM BRIEFING.—Not later than 90 days after the date
of the enactment of the Act, the Secretary of Defense shall provide
to the congressional defense committees an interim briefing on
the status of the processes and procedures required to be developed
under subsection (a), including any updates to applicable policies,
instructions, and guidance issued by the Department.
SEC. 1047. INTRODUCTION OF ENTITIES IN TRANSACTIONS CRITICAL
TO NATIONAL SECURITY.

(a) IN GENERAL.—The Secretary of Defense may facilitate the
introduction of entities for the purpose of discussing a covered
transaction that the Secretary has determined is in the national
security interests of the United States.
(b) COVERED TRANSACTION DEFINED.—The term ‘‘covered transaction’’ means a transaction that the Secretary has reason to believe
would likely involve an entity affiliated with a strategic competitor
unless an alternative transaction were to occur.
SEC. 1048. JOINT TRAINING PIPELINE BETWEEN UNITED STATES NAVY
AND ROYAL AUSTRALIAN NAVY.

(a) EXCHANGE PROGRAM.—Beginning in 2023, the Secretary
of Defense, in consultation with the Secretary of Energy, may
carry out an exchange program for Australian submarine officers
to implement one or more agreements entered into under the
enhanced trilateral security partnership referred to as ‘‘AUKUS’’.
Under such a program, to the extent consistent with one or more
AUKUS agreements—
(1) a minimum of two Australian submarine officers may
participate in the United States Navy officer training program
for officers who are assigned to duty on nuclear powered submarines; and
(2) following the successful completion of all aspects of
such training, such officers may be assigned to duty on an
operational United States submarine.
(b) BRIEFING.—Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall provide the
congressional defense committees with a briefing on a notional
exchange program for Australian submarine officers that includes
initial, follow-on, and recurring training that could be provided
to Australian submarine officers in order prepare such officers
for command of nuclear-powered Australian submarines.
SEC. 1049. STANDARDIZATION OF SECTIONAL BARGE CONSTRUCTION
FOR DEPARTMENT OF DEFENSE USE ON RIVERS AND
INTERCOASTAL WATERWAYS.

With respect to the procurement of a sectional barge for the
Department of Defense on or after December 31, 2023, the Secretary
of Defense shall, to the extent practicable—

H. R. 7776—381
(1) ensure the solicitation for such sectional barge includes
a requirement for a design that has been approved by the
American Bureau of Shipping, using its rule set for building
and classing steel vessels, for service on rivers and intercoastal
waterways; or
(2) prioritize prime contractors that are in compliance with
ISO 9001:2015 of the International Organization for Standardization (or successor standard) in awarding contracts pursuant
to such procurement.
SEC. 1050. DEPARTMENT OF DEFENSE SUPPORT FOR RECENTLY
ENACTED COMMISSIONS.

(a) ASSISTANCE FROM DEPARTMENT OF DEFENSE.—At the
request of a covered commission, the Secretary of Defense may
provide to the covered commission, on a reimbursable basis, such
services, funds, facilities, staff, and other support services as necessary for the performance of the functions of the commission.
Amounts provided to a covered commission pursuant to this section
may be provided from amounts appropriated for the Department
of Defense, as provided in advance in appropriations Acts.
(b) COVERED COMMISSION DEFINED.—In this section, the term
‘‘covered commission’’ means a commission established pursuant
to any of the following sections of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81):
(1) Section 1004 (Commission on Planning, Programming,
Budgeting, and Execution Reform).
(2) section 1091 (National Security Commission on
Emerging Biotechnology).
(3) section 1094 (Afghanistan War Commission).
(4) section 1095 (Commission on the National Defense
Strategy).
(5) section 1687 (Congressional Commission on the Strategic Posture of the United States).

Subtitle F—Studies and Reports
SEC. 1051. MODIFICATION OF ANNUAL REPORT ON UNFUNDED PRIORITIES.

Section 222a of title 10, United States Code, is amended—
(1) in subsection (c)—
(A) in paragraph (1)—
(i) in subparagraph (A), by striking ‘‘to be achieved’’
and inserting ‘‘outlined in the national defense strategy
required under section 113(g) of this title and the
National Military Strategy required under section
139(b) of this title to be advanced’’; and
(ii) by adding at the end the following new
subparagraph:
‘‘(D) A detailed assessment of each specific risk that
would be reduced in executing the national defense strategy
required under section 113(g) of this title and the National
Military Strategy required under section 139(b) of this
title if such priority is funded (whether in whole or in
part).’’; and
(B) in paragraph (2)(A), by inserting ‘‘according to the
amount of risk reduced’’ after ‘‘priority’’;

H. R. 7776—382
(2) by adding redesignating subsection (d) as subsection
(e); and
(3) by inserting after subsection (c) the following new subsection (d):
‘‘(d) PRIORITIZATION.—Not later than 10 days after the receipt
of the all of the reports referred to in subsection (a), the Secretary
of Defense, in consultation with the Chairman of the Joint Chiefs
of Staff, shall submit to the congressional defense committees a
report that prioritizes each specific unfunded priority across all
unfunded priorities submitted by officers specified in (b) according
to the risk reduced in executing the national defense strategy
required under section 113(g) of this title and the National Military
Strategy required under section 139(b) of this title.’’.
SEC. 1052. CONGRESSIONAL NOTIFICATION OF MILITARY INFORMATION SUPPORT OPERATIONS IN THE INFORMATION
ENVIRONMENT.

(a) IN GENERAL.—Chapter 19 of title 10, United States Code,
is amended by adding at the end the following new section:
‘‘§ 398. Military information support operations in information environment
‘‘(a) CONGRESSIONAL NOTIFICATION REQUIREMENT.—(1) Not
later than 48 hours after the execution of any new military information support operation plan (in this section referred to as a ‘MISO
plan’) approved by the commander of a combatant command, or
any change in scope of any existing MISO plan, including any
underlying MISO supporting plan, the Secretary of Defense shall
promptly submit to the congressional defense committees notice
in writing of such approval or execution of change in scope.
‘‘(2) A notification under paragraph (1) with respect to a MISO
plan shall include each of the following:
‘‘(A) A description of the military information support operation program (in this section referred to as a ‘MISO program’)
supported by the MISO plan.
‘‘(B) A description of the objectives of the MISO plan.
‘‘(C) A description of the intended target audience for military information support operation activities under the MISO
plan.
‘‘(D) A description of the tactics, techniques, and procedures
to be used in executing the MISO plan.
‘‘(E) A description of the personnel engaged in supporting
or facilitating the operation.
‘‘(F) The amount of funding anticipated to be obligated
and expended to execute the MISO plan during the current
and subsequent fiscal years.
‘‘(G) The expected duration and desired outcome of the
MISO plan.
‘‘(H) Any other elements the Secretary determines appropriate.
‘‘(3) To the maximum extent practicable, the Secretary shall
ensure that the congressional defense committees are notified
promptly of any unauthorized disclosure of a clandestine military
support operation covered by this section. A notification under
this subsection may be verbal or written, but in the event of

H. R. 7776—383
a verbal notification, the Secretary shall provide a written notification by not later than 48 hours after the provision of the verbal
notification.
‘‘(b) ANNUAL REPORT.—Not later than 90 days after the last
day of any fiscal year during which the Secretary conducts a MISO
plan, the Secretary shall submit to the congressional defense
committees a report on all such MISO plans conducted during
such fiscal year. Such report shall include each of the following:
‘‘(1) A list of each MISO program and the combatant command responsible for the program.
‘‘(2) For each MISO plan—
‘‘(A) a description of the plan and any supporting plans,
including the objectives for the plan;
‘‘(B) a description of the intended target audience for
the activities carried out under the plan and the means
of distribution; and
‘‘(C) the cost of executing the plan.
‘‘(c) PROHIBITION ON CLANDESTINE OPERATIONS DESIGNED TO
INFLUENCE OPINIONS AND POLITICS IN UNITED STATES.—None of
the funds authorized to be appropriated or otherwise made available
for the Department of Defense for any fiscal year may be used
to conduct a clandestine military information support operation
that is designed to influence—
‘‘(1) any political process taking place in the United States;
‘‘(2) the opinions of United States persons;
‘‘(3) United States policies; or
‘‘(4) media produced by United States entities for United
States persons.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by adding at the end the following
new item:
‘‘398. Military information support operations in information environment.’’.
SEC.

1053.

MODIFICATION AND CONTINUATION OF REPORTING
REQUIREMENT RELATING TO HUMANITARIAN ASSISTANCE.

(a) MODIFICATION.—Section 2561(c)(3) of title 10, United States
Code, is amended—
(1) in subparagraph (A), by striking ‘‘relief’’ and inserting
‘‘assistance’’; and
(2) by striking subparagraphs (B) and (C) and inserting
the following new subparagraphs:
‘‘(B) A comprehensive list of humanitarian assistance
efforts for which support was provided under this section,
disaggregated by foreign partner country, amount obligated,
and purpose specified in subsection (b).
‘‘(C) A description of the manner in which such efforts
address—
‘‘(i) the humanitarian needs of the foreign partner
country; and
‘‘(ii) Department of Defense objectives and broader
United States national security objectives.
‘‘(D) A description of any transfer of nonlethal excess supplies of the Department of Defense made available for humanitarian relief purposes under section 2557 of this title, including,
for each such transfer—
‘‘(i) the date of the transfer;

H. R. 7776—384
‘‘(ii) the entity to which the transfer is made; and
‘‘(iii) the quantity of items transferred.’’.
(b) CONTINUATION OF REPORTING REQUIREMENT.—
(1) IN GENERAL.—Section 1080(a) of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114–92;
129 Stat. 1000; 10 U.S.C. 111 note) does not apply to the
report required to be submitted to Congress under section
2561(c) of title 10, United States Code.
(2) CONFORMING REPEAL.—Section 1061(c) of National
Defense Authorization Act for Fiscal Year 2017 (Public Law
114–328; 10 U.S.C. 111 note) is amended by striking paragraph
(48).
SEC. 1054. BRIEFING ON GLOBAL FORCE MANAGEMENT ALLOCATION
PLAN.

Section 1074(c) of the National Defense Authorization Act for
Fiscal Year 2022 (Public Law 117–81) is amended by adding at
the end the following new paragraph:
‘‘(4) For each major modification to global force allocation
made during the preceding fiscal year that deviated from the
Global Force Management Allocation Plan for that fiscal year—
‘‘(A) an analysis of the costs of such modification;
‘‘(B) an assessment of the risks associated with such
modification, including strategic risks, operational risks,
and risks to readiness; and
‘‘(C) a description of any strategic trade-offs associated
with such modification.’’.
SEC. 1055. REPORT AND BUDGET DETAILS REGARDING OPERATION
SPARTAN SHIELD.

Section 1225(b) of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (Public Law 116–
283) is amended—
(1) in paragraph (6) by striking ‘‘; and’’ and inserting a
semicolon;
(2) by redesignating paragraph (7) as paragraph (11); and
(3) by inserting after paragraph (6), the following new
paragraphs:
‘‘(7) a list of all countries in which Task Force Spartan
operated during the prior fiscal year;
‘‘(8) a description of activities conducted pursuant to the
operation to build the military readiness of partner forces
during the prior fiscal year, including—
‘‘(A) training exercises;
‘‘(B) joint exercises; and
‘‘(C) bilateral or multilateral exchanges;
‘‘(9) an assessment of the extent to which the activities
described in paragraph (8) improved—
‘‘(A) the military readiness of such partner forces;
‘‘(B) the national security of the United States; and
‘‘(C) the national security of allies and partners of
the United States;
‘‘(10) a description of criteria used to make the assessment
required under paragraph (9); and’’.

H. R. 7776—385
SEC. 1056. ANNUAL REPORT ON CIVILIAN CASUALTIES IN CONNECTION
WITH UNITED STATES MILITARY OPERATIONS.

(a) IN GENERAL.—Section 1057(b) of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115–91) is
amended—
(1) in paragraph (1), by striking ‘‘that were confirmed,
or reasonably suspected, to have resulted in civilian casualties’’
and inserting ‘‘that resulted in civilian casualties that have
been confirmed or are reasonably suspected to have occurred’’;
(2) in paragraph (2)—
(A) in subparagraph (B), by inserting ‘‘, including, to
the extent practicable, the closest town, city, or identifiable
place’’ after ‘‘location’’;
(B) in subparagraph (D), by inserting before the period
the following: ‘‘, including the specific justification or use
of authority for each strike conducted’’;
(C) in subparagraph (E), by inserting before the period
at the end the following: ‘‘, formulated as a range, if necessary, and including, to the extent practicable, information
regarding the number of men, women, and children
involved’’; and
(D) by adding at the end the following new subparagraphs:
‘‘(F) A summary of the determination of each completed
civilian casualty assessment or investigation.
‘‘(G) For each assessment or investigation of an incident
that resulted in civilian casualties—
‘‘(i) whether the Department conducted any witness interviews or site visits occurred, and if not, an
explanation of why not; and
‘‘(ii) whether information pertaining to the incident
that was collected by one or more non-governmental
entities was considered, if such information exists.’’;
and
(3) by striking paragraph (4) and inserting the following
new paragraph (4):
‘‘(4) A description of any new or updated civilian harm
policies and procedures implemented by the Department of
Defense.’’.
(b) APPLICABILITY.—The amendments made by this section shall
apply as follows:
(1) Except as provided in paragraph (2), the amendments
made by this section shall apply with respect to a report submitted on or after May 1, 2024.
(2) The amendments made by subparagraphs (A) and (B)
of subsection (a)(2) shall apply with respect to a report submitted after the date of the enactment of this Act.
SEC. 1057. EXTENSION OF CERTAIN REPORTING DEADLINES.

(a) COMMISSION ON PLANNING, PROGRAMMING, BUDGETING, AND
EXECUTION REFORM.—Section 1004(g) of the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117–81; 135
Stat. 1886) is amended—
(1) in paragraph (1), by striking ‘‘February 6, 2023’’ and
inserting ‘‘August 6, 2023’’; and
(2) in paragraph (2), by striking ‘‘September 1, 2023’’ and
inserting ‘‘March 1, 2024’’.

H. R. 7776—386
(b) NATIONAL SECURITY
TECHNOLOGY.—Section 1091(g)

COMMISSION ON EMERGING BIOof the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81; 135 Stat. 1931)
is amended—
(1) in paragraph (1), by striking ‘‘2 years after’’ and
inserting ‘‘3 years after’’; and
(2) in paragraph (2), by striking ‘‘1 year after’’ and inserting
‘‘2 years after’’.
(c) COMMISSION ON THE NATIONAL DEFENSE STRATEGY.—Section
1095(g) of the National Defense Authorization Act for Fiscal Year
2022 (Public Law 117–81; 135 Stat. 1945) is amended—
(1) in paragraph (1), by striking ‘‘one year after’’ and
inserting ‘‘two years after’’; and
(2) in paragraph (2), by striking ‘‘180 days after’’ and
inserting ‘‘one year after’’.
(d) CONGRESSIONAL COMMISSION ON THE STRATEGIC POSTURE
OF THE UNITED STATES.—Section 1687(d) of the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117–81; 135
Stat. 2128) is amended—
(1) in paragraph (1), by striking ‘‘December 31, 2022’’ and
inserting ‘‘July 31, 2023’’; and
(2) in paragraph (3), by striking ‘‘180 days after’’ and
inserting ‘‘one year after’’.
SEC. 1058. EXTENSION AND MODIFICATION OF REPORTING REQUIREMENT REGARDING ENHANCEMENT OF INFORMATION
SHARING AND COORDINATION OF MILITARY TRAINING
BETWEEN DEPARTMENT OF HOMELAND SECURITY AND
DEPARTMENT OF DEFENSE.

Section 1014(d) of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114–328) is amended—
(1) in paragraph (1)(B)(iv)—
(A) by striking ‘‘(iii)—’’ and inserting ‘‘(iii), the following:’’; and
(B) by adding at the end the following new subclauses:
‘‘(VIII) The methodology used for making cost
estimates in the evaluation of a request for assistance.
‘‘(IX) The extent to which the fulfillment of
the request for assistance affected readiness of
the Armed Forces, including members of the
reserve components.’’; and
(2) in paragraph (3), by striking ‘‘December 31, 2023’’ and
inserting ‘‘December 31, 2024’’.
SEC. 1059. CONTINUATION OF REQUIREMENT FOR ANNUAL REPORT
ON NATIONAL GUARD AND RESERVE COMPONENT EQUIPMENT.

(a) IN GENERAL.—Section 1080(a) of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129
Stat. 1000; 10 U.S.C. 111 note) does not apply to the report required
to be submitted to Congress under section 10541 of title 10, United
States Code.
(b) CONFORMING REPEAL.—Section 1061(c) of the National
Defense Authorization Act for Fiscal Year 2017 (Public Law 114–
328); 130 Stat. 2402; 10 U.S.C. 111 note) is amended by striking
paragraph (62).

H. R. 7776—387
SEC. 1060. MODIFICATION OF AUTHORITY OF SECRETARY OF DEFENSE
TO TRANSFER EXCESS AIRCRAFT TO OTHER DEPARTMENTS OF THE FEDERAL GOVERNMENT AND AUTHORITY
TO TRANSFER EXCESS AIRCRAFT TO STATES.

Section 1091 of the National Defense Authorization Act for
Fiscal Year 2013 (Public Law 112–239; 10 U.S.C. 2576 note) is
amended—
(1) in the section heading, by inserting ‘‘AND TO STATES’’
after ‘‘FEDERAL GOVERNMENT’’;
(2) in subsection (a), in the first sentence, by striking
‘‘and the Secretary of Homeland Security for use by the Forest
Service and the United States Coast Guard’’ and inserting
‘‘for use by the Forest Service, to the Secretary of Homeland
Security for use by the United States Coast Guard, and to
the Governor of a State’’;
(3) in subsection (b)—
(A) in paragraph (1), by striking ‘‘or the United States
Coast Guard as a suitable platform to carry out their
respective missions’’ and inserting ‘‘, the United States
Coast Guard, or the Governor of a State, as the case
may be, as a suitable platform to carry out wildfire suppression, search and rescue, or emergency operations pertaining
to wildfires’’;
(B) in paragraph (3), by striking ‘‘; and’’ and inserting
a semicolon;
(C) in paragraph (4), by striking the period at the
end and inserting ‘‘; and’’; and
(D) by adding at the end the following new paragraph:
‘‘(5) in the case of aircraft to be transferred to the Governor
of a State, acceptable for use by the State, as determined
by the Governor.’’;
(4) by striking subsection (c);
(5) by redesignating subsections (d) through (g) as subsections (c) through (f), respectively;
(6) in subsection (c), as so redesignated—
(A) in paragraph (1)—
(i) by striking ‘‘up to seven’’; and
(ii) by inserting ‘‘the Governor of a State or to’’
after ‘‘offered to’’; and
(B) by amending paragraph (2) to read as follows:
‘‘(2) EXPIRATION OF RIGHT OF REFUSAL.—A right of refusal
afforded the Secretary of Agriculture or the Secretary of Homeland Security under paragraph (1) with regards to an aircraft
shall expire upon official notice of such Secretary to the Secretary of Defense that such Secretary declines such aircraft.’’;
(7) in subsection (d), as so redesignated—
(A) in the matter preceding paragraph (1), by inserting
‘‘or to the Governor of a State’’ after ‘‘the Secretary of
Agriculture’’;
(B) in paragraph (1), by striking ‘‘wildfire suppression
purposes’’ and inserting ‘‘purposes of wildfire suppression,
search and rescue, or emergency operations pertaining to
wildfires’’; and
(C) in paragraph (2)—
(i) by inserting ‘‘, search and rescue, emergency
operations pertaining to wildfires,’’ after ‘‘efforts’’; and

H. R. 7776—388
(ii) by inserting ‘‘or Governor of the State, as the
case may be,’’ after ‘‘Secretary of Agriculture’’;
(8) in subsection (e), as so redesignated, by striking ‘‘or
the Secretary of Homeland Security’’ and inserting ‘‘, the Secretary of Homeland Security, or the Governor of a State’’;
(9) in subsection (f), as so redesignated, by striking ‘‘and
the Secretary of Homeland Security’’ and inserting ‘‘, the Secretary of Homeland Security, or the Governor of the State
to which such aircraft is transferred using only State funds’’;
and
(10) by adding at the end the following new subsection:
‘‘(g) REPORTING.—Not later than December 1, 2022, and
annually thereafter, the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report on aircraft transferred, during the fiscal
year preceding the date of such report, to—
‘‘(1) the Secretary of Agriculture, the Secretary of Homeland
Security, or the Governor of a State under this section;
‘‘(2) the chief executive officer of a State under section
112 of the National Defense Authorization Act for Fiscal Year
2012 (Public Law 112–81; 125 Stat. 1318); or
‘‘(3) the Secretary of the Air Force or the Secretary of
Agriculture under section 1098 of the National Defense
Authorization Act for Fiscal Year 2014 (Public Law 113–66;
127 Stat. 881).’’.
SEC. 1061. COMBATANT COMMAND RISK ASSESSMENT FOR AIRBORNE
INTELLIGENCE, SURVEILLANCE, AND RECONNAISSANCE.

(a) IN GENERAL.—Not later than 90 days after the date on
which the Secretary of Defense submits to Congress the materials
in support of the budget for any fiscal year, or the date on which
any of the military departments otherwise proposes to retire or
otherwise divest any airborne intelligence, surveillance, and reconnaissance capabilities, the Vice Chairman of the Joint Chiefs of
Staff, in coordination with the commanders of each of the geographic
combatant commands, shall submit to the congressional defense
committees a report containing an assessment of the level of operational risk to each such command posed by the proposed retirement
or divestment with respect to the capability of the command to
meet near-, mid-, and far-term contingency and steady-state requirements against adversaries in support of the objectives of the
national defense strategy under section 113(g) of title 10, United
States Code.
(b) RISK ASSESSMENT.—In assessing levels of operational risk
for the purposes of subsection (a), the Vice Chairman and the
commanders of the geographic combatant commands shall use the
military risk matrix of the Chairman of the Joint Chiefs of Staff,
as described in CJCS Instruction 3401.01E, or any successor instruction.
(c) GEOGRAPHIC COMBATANT COMMAND.—In this section, the
term ‘‘geographic combatant command’’ means any of the following:
(1) United States European Command.
(2) United States Indo-Pacific Command.
(3) United States Africa Command.
(4) United States Southern Command.
(5) United States Northern Command.
(6) United States Central Command.

H. R. 7776—389
(d) TERMINATION.—The requirement to submit a report under
this section shall terminate on the date that is five years after
the date of the enactment of this Act.
SEC. 1062. STUDY ON MILITARY TRAINING ROUTES AND SPECIAL USE
AIR SPACE NEAR WIND TURBINES.

(a) STUDY AND REPORT.—
(1) IN GENERAL.—The Secretary of Defense shall seek to
enter into an agreement with a federally funded research and
development center to conduct a study to identify low-level
military training routes and special use airspace that may
be used by the Department of Defense to conduct realistic
training over and near wind turbines.
(2) ELEMENTS.—As part of the study under paragraph (1),
the federally funded research and development center that
conducts the study shall—
(A) identify and define the requirements for military
airspace that may be used for the training described in
paragraph (1), taking into consideration—
(i) the operational and training needs of the Armed
Forces; and
(ii) the threat environments of adversaries of the
United States, including the People’s Republic of
China;
(B) identify possibilities for combining live, virtual,
and constructive flight training near wind projects, both
onshore and offshore;
(C) describe the airspace inventory required for lowlevel training proficiency given current and projected force
structures;
(D) provide recommendations for redesigning and properly sizing special use air space and military training routes
to combine live and synthetic training in a realistic environment;
(E) describe ongoing research and development programs being utilized to mitigate effects of wind turbines
on low-level training routes; and
(F) identify current training routes affected by wind
turbines, any previous training routes that are no longer
in use because of wind turbines, and any training routes
projected to be lost due to wind turbines.
(3) CONSULTATION.—In carrying out paragraph (1), the Secretary of Defense shall consult with—
(A) the Under Secretary of Defense for Personnel and
Readiness;
(B) the Department of Defense Policy Board on Federal
Aviation; and
(C) the Federal Aviation Administration.
(4) SUBMITTAL TO DOD.—
(A) IN GENERAL.—Not later than one year after the
date of the enactment of this Act, the federally funded
research and development center that conducts the study
under paragraph (1) shall submit to the Secretary of
Defense a report on the results of the study.
(B) FORM.—The report under paragraph (1) shall be
submitted in unclassified form but may include a classified
annex.

H. R. 7776—390
(5) SUBMITTAL TO CONGRESS.—Not later than 60 days after
the date on which the Secretary of Defense receives the report
under paragraph (4), the Secretary shall submit to the appropriate congressional committees an unaltered copy of the report
together with any comments the Secretary may have with
respect to the report.
(b) DEFINITIONS.—In this section:
(1) The term ‘‘appropriate congressional committees’’ means
the following:
(A) The congressional defense committees.
(B) The Committee on Transportation and Infrastructure of the House of Representatives.
(C) The Committee on Commerce, Science, and
Transportation of the Senate.
(2) The term ‘‘affected by wind turbines’’ means a situation
in which the presence of wind turbines in the area of a lowlevel military training route or special use airspace—
(A) prompted the Department of Defense to alter a
testing and training mission or to reduce previously
planned training activities; or
(B) prevented the Department from meeting testing
and training requirements.
SEC. 1063. ANNUAL REPORTS ON SAFETY UPGRADES TO THE HIGH
MOBILITY MULTIPURPOSE WHEELED VEHICLE FLEETS.

(a) ANNUAL REPORTS.—Not later than March 1, 2023, and
annually thereafter until the date specified in subsection (c), the
Secretaries of the Army, Navy, and Air Force shall each submit
to the Committees on Armed Services of the Senate and House
of Representatives a report on the installation of safety upgrades
to the high mobility multipurpose wheeled vehicle fleets under
the jurisdiction of the Secretary concerned, including anti-lock
brakes, electronic stability control, and fuel tanks.
(b) MATTERS FOR INCLUSION.—Each report required under subsection (a) shall include, for the year covered by the report, each
of the following:
(1) The total number of safety upgrades necessary for the
high mobility multipurpose wheeled vehicle fleets under the
jurisdiction of the Secretary concerned.
(2) The total cumulative number of such upgrades completed prior to the year covered by the report.
(3) A description of any such upgrades that were planned
for the year covered by the report.
(4) A description of any such upgrades that were made
during the year covered by the report and, if the number
of such upgrades was less than the number of upgrades planned
for such year, an explanation of the variance.
(5) If the total number of necessary upgrades has not
been made, a description of the upgrades planned for each
year subsequent to the year covered by the report.
(c) TERMINATION.—No report shall be required under this section after March 1, 2026.
SEC. 1064. DEPARTMENT OF DEFENSE DELAYS IN PROVIDING COMMENTS ON GOVERNMENT ACCOUNTABILITY OFFICE
REPORTS.

(a) REPORTS REQUIRED.—Not later than 180 days after the
date of the enactment of this Act, and once every 180 days thereafter

H. R. 7776—391
until the date that is 2 years after the date of the enactment
of this Act, the Comptroller General of the United States shall
submit to the congressional defense committees a report on the
extent to which the Department of Defense provided comments
and sensitivity and security reviews (for drafts tentatively identified
as containing controlled unclassified information or classified
information) in a timely manner and in accordance with the protocols of the Government Accountability Office during the 180-day
period preceding the date of the submittal of the report.
(b) REQUIREMENTS FOR GAO REPORT.—Each report under subsection (a) shall include the following information for the period
covered by the report:
(1) The number of draft Government Accountability Office
reports for which the Government Accountability Office
requested comments from the Department of Defense, including
an identification of the reports for which a sensitivity or security
review was requested (separated by reports potentially containing only controlled unclassified information and reports
potentially containing classified information) and the reports
for which such a review was not requested.
(2) The median and average number of days between the
date of the request for Department of Defense comments and
the receipt of such comments.
(3) The average number of days between the date of the
request for a Department of Defense sensitivity or security
review and the receipt of the results of such review.
(4) In the case of any such draft report for which the
Department of Defense failed to provide such comments or
review within 30 days of the request for such comments or
review—
(A) the number of days between the date of the request
and the receipt of such comments or review; and
(B) a unique identifier, for purposes of identifying the
draft report.
(5) In the case of any such draft report for which the
Government Accountability Office provided an extension to the
Department of Defense—
(A) whether the Department provided the comments
or review within the time period of the extension; and
(B) a unique identifier, for purposes of identifying the
draft report.
(6) Any other information the Comptroller General determines appropriate.
(c) DOD RESPONSES.—Not later than 30 days after the Comptroller General submits a report under subsection (a), the Secretary
of Defense shall submit to the congressional defense committees
a response to such report that includes each of the following:
(1) An identification of factors that contributed to any
delays identified in the report with respect to Department
of Defense comments and sensitivity or security reviews
requested by the Government Accountability Office.
(2) A description of any actions the Department of Defense
has taken or plans to take to address such factors.
(3) A description of any improvements the Department
has made in the ability to track timeliness in providing such
comments and sensitivity or security reviews.

H. R. 7776—392
(4) Any other information the Secretary determines relevant to the information contained in the report submitted
by the Comptroller General.
SEC. 1065. JUSTIFICATION FOR TRANSFER OR ELIMINATION OF CERTAIN FLYING MISSIONS.

Prior to the relocation or elimination of any flying mission
that involves 50 personnel or more assigned to a unit performing
that mission, either with respect to an active or reserve component
of a military department, the Secretary of Defense shall submit
to the congressional defense committees a report describing the
justification of the Secretary for the decision to relocate or eliminate
such flying mission. Such report shall include each of the following:
(1) A description of how the decision supports the national
defense strategy, the national military strategy, the North
American Aerospace Defense Command strategy, and other
relevant strategies.
(2) A specific analysis and metrics supporting such decision.
(3) An analysis and metrics to show that the elimination
or relocation of the flying mission would not negatively affect
broader mission sets, such as the homeland defense mission.
(4) A plan for how the Department of Defense intends
to fulfill or continue to meet the mission requirements of the
eliminated or relocated flying mission.
(5) An assessment of the effect of the elimination or relocation on the national defense strategy, the national military
strategy, the North American Aerospace Defense Command
strategy, and broader mission sets, such as the homeland
defense mission.
(6) An analysis and metrics to show that the elimination
or relocation of the flying mission and its secondary and tertiary
impacts would not degrade capabilities and readiness of the
Joint Force.
(7) An analysis and metrics to show that the elimination
or relocation of the flying mission would not negatively affect
the continental United States national airspace system.
SEC. 1066. REPORTS ON UNITED STATES MILITARY FORCE PRESENCE
IN EUROPE.

(a) REPORT ON UNITED STATES MILITARY FORCE POSTURE AND
RESOURCING REQUIREMENTS IN EUROPE.—
(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 congressional defense committees a report containing an assessment of the United States military force posture requirements for the United States European Command
to support the following objectives:
(A) Implementation of the national defense strategy
under section 113(g) of title 10, United States Code, with
respect to the area of responsibility of the United States
European Command.
(B) Fulfillment of the commitments of the United
States to NATO operations, missions, and activities, as
modified and agreed upon at the 2022 Madrid Summit.
(C) Reduction of the risk of executing the contingency
plans of the Department of Defense.
(2) ELEMENTS.—The report required under paragraph (1)
shall include the following:

H. R. 7776—393
(A) For the Army, the Navy, the Air Force, the Marine
Corps, and the Space Force and for each warfighting
domain, a description of the force structure and posture
of assigned and allocated forces in Europe, including consideration of the balance of permanently stationed forces and
forces rotating from the United States, to support the objectives described in paragraph (1).
(B) An assessment of the military training and all
domain exercises to support such objectives, including—
(i) training and exercises on interoperability; and
(ii) joint activities with allies and partners.
(C) An assessment of logistics requirements, including
personnel, equipment, supplies, pre-positioned storage, host
country support and agreements, and maintenance needs,
to support such objectives.
(D) An identification of required infrastructure, facilities, and military construction investments to support such
objectives.
(E) A description of the requirements for United States
European Command integrated air and missile defense
throughout the area of responsibility of the United States
European Command.
(F) An assessment of United States security cooperation activities and resources required to support such objectives.
(G) A detailed assessment of the resources necessary
to address the elements described in subparagraphs (A)
through (F), categorized by the budget accounts for—
(i) procurement;
(ii) research, development, test, and evaluation;
(iii) operation and maintenance;
(iv) military personnel; and
(v) military construction.
(H) The projected timeline to achieve fulfillment of
each such element.
(I) Any other information the Secretary considers relevant.
(3) FORM.—The report required under paragraph (1) may
be submitted in classified form, but, if so, it shall include
an unclassified summary.
(b) QUARTERLY REPORTS ON EXPENDITURES FOR PLANNING AND
DESIGN OF INFRASTRUCTURE TO SUPPORT PERMANENT UNITED
STATES FORCE PRESENCE ON EUROPE’S EASTERN FLANK.—
(1) IN GENERAL.—The Commander of United States European Command shall submit to the congressional defense
committees quarterly reports on the use of the funds described
in paragraph (3) until the date on which all such funds are
expended.
(2) CONTENTS.—Each report required under paragraph (1)
shall include an expenditure plan for the establishment of
infrastructure to support a permanent United States force presence in the covered region.
(3) FUNDS DESCRIBED.—The funds described in this paragraph are the amounts authorized to be appropriated or otherwise made available for fiscal year 2023 for—

H. R. 7776—394
(A) Operation and Maintenance, Air Force, for
Advanced Planning for Infrastructure to Support Presence
on NATO’s Eastern Flank;
(B) Operation and Maintenance, Army, for Advanced
Planning for Infrastructure to Support Presence on NATO’s
Eastern Flank; and
(C) Military Construction, Defense-wide, Planning &
Design: EUCOM–Infrastructure to Support Presence on
NATO’s Eastern Flank.
(D) Military Construction, Defense-wide, Exerciserelated Minor Construction: EUCOM.
(4) COVERED REGION.—In this subsection, the term ‘‘covered
region’’ means Romania, Poland, Lithuania, Latvia, Estonia,
Hungary, Bulgaria, the Czech Republic, and Slovakia.
SEC.

1067.

REPORT ON DEPARTMENT OF DEFENSE PRACTICES
REGARDING DISTINCTION BETWEEN COMBATANTS AND
CIVILIANS IN UNITED STATES MILITARY OPERATIONS.

(a) REPORT.—The Civilian Protection Center of Excellence of
the Department of Defense, as established under section 184 of
title 10, United States Code, as added by section 1082 of this
Act, shall seek to enter into an agreement with an appropriate
federally funded research and development center to develop an
independent report on Department of Defense practices regarding
distinguishing between combatants and civilians in United States
military operations.
(b) ELEMENTS.—The report required under subsection (a) shall
include the following matters:
(1) A description of how the Department of Defense has
differentiated between combatants and civilians in both ground
and air operations since 2001, including in Afghanistan, Iraq,
Syria, Somalia, Libya, and Yemen, including—
(A) relevant policy and legal standards and how these
standards were implemented in practice; and
(B) target engagement criteria.
(2) A description of how the Department of Defense has
differentiated between combatants and civilians when assessing
allegations of civilian casualties since 2001, including in
Afghanistan, Iraq, Syria, Somalia, Libya, and Yemen,
including—
(A) relevant policy and legal standards and the factual
indicators these standards were applied to in assessing
claims of civilian casualties; and
(B) any other matters the Secretary of Defense determines appropriate.
(c) SUBMISSION OF REPORT.—Not later than one year after
the date of the enactment of this Act, the Secretary of Defense
shall submit to the congressional defense committees a report setting forth an unaltered copy of the federally funded research and
development center assessment required under this section,
together with the views of the Secretary on the assessment.
(d) DEFINITION OF UNITED STATES MILITARY OPERATION.—In
this section, the term ‘‘United States military operations’’ includes
any mission, strike, engagement, raid, or incident involving the
United States Armed Forces.

H. R. 7776—395
SEC. 1068. REPORT ON STRATEGY AND IMPROVEMENT OF COMMUNITY
ENGAGEMENT EFFORTS OF ARMED FORCES IN HAWAII.

(a) IN GENERAL.—In an effort to better meet the future force
posture needs within the Indo-Pacific area of responsibility, the
Commander of the United States Indo-Pacific Command, in
collaboration with the Assistant Secretary of Defense for Energy,
Installations, and Environment, installation commanders, and the
relevant theater component commanders, shall—
(1) develop and implement a holistic strategy to—
(A) improve, standardize, and coordinate the engagement efforts of the military with the local community in
Hawaii; and
(B) effectively communicate with such community for
the purpose of enhancing readiness; and
(2) enhance coordinated community engagement efforts (as
described in section 587 of the National Defense Authorization
Act for Fiscal Year 2022 (Public Law 117–81)) in Hawaii.
(b) REPORT REQUIRED.—Not later than one year after the date
of the enactment of this Act, the Commander shall submit to
the congressional defense committees a report on the strategy and
enhanced engagement efforts implemented pursuant to subsection
(a). Such report shall include each of the following:
(1) The plan of the Commander for conducting education
and training programs relating to consultation and engagement
with the local and native Hawaiian community, including—
(A) a description of the outreach activities conducted
during fiscal years 2023 and 2024; and
(B) a description of the extent to which members of
the local and native Hawaiian community have been
involved in development of curricula, tentative dates, locations, required attendees, and topics for the education and
training programs.
(2) A list of all local and native Hawaiian community
groups involved or expected to be consulted in the process
of updating Department of Defense Instruction 4710.03 (or
any successor document).
(3) Recommendations for improving Department of Defense
Instruction 4710.03 to reflect best practices and provide continuity across the military departments with respect to the
practices, policies, training, and personnel related to consultation with the local and native Hawaiian community.
(4) A timeline for issuing the next update or successor
document to Department of Defense Instruction 4710.03.
(5) Recommendations for the enhancement and expansion
of—
(A) Department of Defense education and training programs relating to consultation and engagement with the
local and Native Hawaiian community; and
(B) outreach activities for all commands and installations in Hawaii.
(c) THEATER COMPONENT COMMANDER.—In this section, the
term ‘‘theater component commander’’ has the meaning given such
term in section 1513(8) of title 10, United States Code.

H. R. 7776—396
SEC.

1069.

REPORT ON DEPARTMENT OF
CAPABILITIES IN THE CARIBBEAN.

DEFENSE

MILITARY

(a) IN GENERAL.—Not later than one year after the date of
the enactment of this Act, the Secretary of Defense, in consultation
with the Secretary of State and the Secretary of Homeland Security,
shall submit to the Committees on Armed Services of the Senate
and House of Representatives a report on United States military
posture and capabilities in the Caribbean basin, particularly in
and around Puerto Rico and the United States Virgin Islands.
(b) ELEMENTS.—The report required by subsection (a) shall
include the following:
(1) An assessment of United States military force posture
and capabilities in the Caribbean basin.
(2) An assessment of the feasibility, desirability, and cost
of increasing United States military posture and capabilities
in the Caribbean basin to—
(A) enhance access and influence and provide forwarddeployed capabilities to effectively implement the national
defense strategy and support strategic competition with
China and Russia;
(B) ensure, to the greatest extent possible, that United
States Northern Command and United States Southern
Command have the necessary assets to support the defense
of the United States homeland;
(C) confront the threats posed by transnational
criminal organizations and illicit trafficking in the Caribbean basin, including by supporting interagency partners
in disrupting and degrading illicit trafficking into the
United States;
(D) improve surveillance capabilities and maximize the
effectiveness of counter-trafficking operations in the Caribbean region;
(E) ensure, to the greatest extent possible, that United
States Northern Command and United States Southern
Command have the assets necessary to detect, interdict,
disrupt, or curtail illicit narcotics and weapons trafficking
activities within their respective areas of operations in
the Caribbean basin;
(F) respond to malign influences of foreign governments, particularly including non-market economies, in the
Caribbean basin that harm United States national security
and regional security interests in the Caribbean basin and
in the Western Hemisphere; and
(G) strengthen the ability of the security sector of
partner nations in the Caribbean basin to respond to, and
become more resilient in the face of, major humanitarian
or natural disasters, including to ensure critical infrastructure and ports can come back online rapidly following disasters.
(c) FORM OF REPORT.—The report required under subsection
(a) shall be submitted in unclassified form without any designation
relating to dissemination control, but may include a classified
annex.

H. R. 7776—397
SEC. 1070. QUARTERLY BRIEFINGS ON DEPARTMENT OF DEFENSE SUPPORT FOR CIVIL AUTHORITIES TO ADDRESS IMMIGRATION AT THE SOUTHWEST BORDER.

Not later than 30 days after the date of the enactment of
this Act, and every 90 days thereafter through December 31, 2024,
the Assistant Secretary of Defense for Homeland Defense or another
Assistant Secretary of Defense, as appropriate, shall provide an
unclassified briefing to the Committee on Armed Services of the
Senate and the Committee on Armed Services of the House of
Representatives, with a classified component, if necessary,
regarding—
(1) Department of Defense planning to address current
and anticipated border support mission requirements as part
of the Department of Defense’s annual planning, programming,
budgeting, and execution process;
(2) any Department of Defense risk assessment with respect
to the safety of Department of Defense personnel conducted
in evaluating any request for assistance from the Department
of Homeland Security during the quarter covered by the
briefing;
(3) any Department of Defense efforts, or updates to
existing efforts, to cooperate with Mexico with respect to border
security;
(4) the type of support that is currently being provided
by the Department of Defense along the southwest border of
the United States;
(5) the effect of such efforts and support on National Guard
readiness; and
(6) any recommendations of the Department of Defense
regarding the modification of the support provided by the
Department of Defense to the Department of Homeland Security at the southwest border.
SEC. 1071. ANNUAL REPORT ON PROCUREMENT OF EQUIPMENT BY
STATE AND LOCAL GOVERNMENTS THROUGH THE
DEPARTMENT OF DEFENSE.

(a) IN GENERAL.—The Secretary of Defense, in coordination
with the Administrator of General Services, shall submit to the
Committees on Armed Services of the Senate and House of Representatives an annual report that includes current information
on the purchase of equipment under the procedures established
under section 281(a) of title 10, United States Code, and the recipients of such equipment.
(b) MATTERS FOR INCLUSION.—Each report under subsection
(a) shall include the following for the year covered by the report:
(1) The catalog of equipment available for purchase under
subsection (c) of section 281 of title 10, United States Code.
(2) For each purchase of equipment under the procedures
established under subsection (a) of such section—
(A) the recipient State or unit of local government;
(B) the type of equipment;
(C) the cost of the equipment; and
(D) the administrative costs under subsection (b) of
such section.
(3) Such other information the Secretary determines is
necessary.

H. R. 7776—398
(c) TERMINATION.—The requirement to submit a report under
subsection (a) shall terminate on the date that is five years after
the date of the enactment of this Act.
SEC. 1072. BRIEFING ON FINANCIAL OVERSIGHT OF CERTAIN EDUCATIONAL INSTITUTIONS RECEIVING DEPARTMENT OF
DEFENSE FUNDS.

Not later than 180 days after the date of the enactment of
this Act, the Secretary of Defense shall provide to the Committees
on Armed Services of the Senate and the House of Representatives
a briefing on the methods used to assess the eligibility of educational
institutions for the receipt of payments under the payment method
described in section 668.162(d) of title 34, Code of Federal Regulations (as in effect on the date of the enactment of this Act).
SEC. 1073. REPORT ON EFFECTS OF CERTAIN ETHICS REQUIREMENTS
ON DEPARTMENT OF DEFENSE HIRING, RETENTION, AND
OPERATIONS.

(a) STUDY.—
(1) IN GENERAL.—The Secretary of Defense shall seek to
enter into an agreement with a federally funded research and
development center under which the center shall conduct a
study to assess whether the covered ethics requirements have
had an effect on—
(A) the hiring or retention of personnel at the Department of Defense, particularly those persons with specialized
experience or training; and
(B) the ability of the Department of Defense to detect,
deter, prevent, and redress violations of the Standards
of Ethical Conduct for Employees of the Executive Branch
and applicable statutory and regulatory ethics requirements, including conflicts of interest, by Department of
Defense personnel.
(2) ELEMENTS.—A study conducted pursuant to paragraph
(1) shall include the following elements:
(A) An examination of how the covered ethics requirements are inconsistent or incongruent with ethics statutes,
and any implementing regulations, that apply to all executive branch employees.
(B) An examination of the relative degrees of risk
associated with the potential for violations of ethical standards at the Department of Defense and those associated
with the potential for such violations at other Federal
agencies, and an analysis of whether ethical standards
that are applied exclusively to Department of Defense personnel are justified.
(C) An examination of how covered ethics requirements
have affected, or are likely to affect, the hiring and retention of personnel, particularly those persons with specialized experience or training, at the Department of Defense
in comparison to other Federal agencies that are not subject
to such requirements. The examination shall account for
any relevant differences between the Department of
Defense and other Federal departments and agencies
within the executive branch and shall use analytical
methods to control for any variables that may affect the
comparative results.

H. R. 7776—399
(D) An examination of how any confusion in the
interpretation of the requirement referred to in paragraph
(3)(B) may have affected, or is likely to affect—
(i) the hiring or retention of personnel, particularly
those persons with specialized experience or training,
at the Department of Defense; and
(ii) the ability of the Department of Defense to
detect, deter, prevent, and redress violations of ethical
standards, including conflicts of interest, by Department of Defense personnel.
(E) An examination of how the ethics requirements
referred to in subparagraphs (B) and (C) of paragraph
(3) may affect the ability of the Department of Defense
to obtain expertise from industry and other groups in support of technology development, supply chain security, and
other national security matters.
(F) An examination of whether the removal or alteration of any covered ethics requirement may adversely
affect the ability of the Department of Defense to detect,
deter, prevent, and redress violations of ethical standards,
including conflicts of interest, by Department of Defense
personnel.
(G) An examination of whether the removal or alteration of any covered ethics requirement may adversely
affect the ability of the Department of Defense to negotiate
and effectuate arms-length transactions.
(H) Any suggested changes to any covered ethics
requirement to further the establishment and maintenance
of ethical standards, while also supporting the ability of
the Department of Defense to hire and retain personnel
and obtain expertise from academia, think tanks, industry,
and other groups to support national security.
(3) COVERED ETHICS REQUIREMENTS.—In this section, the
term ‘‘covered ethics requirement’’ means each of the requirements under the following provisions of law:
(A) Section 847 of the National Defense Authorization
Act for Fiscal Year 2008 (Public Law 110–181; 10 U.S.C.
1701 note).
(B) Section 1045 of the National Defense Authorization
Act for Fiscal Year 2018 (Public Law 115–91; 10 U.S.C.
971 note prec.).
(C) Section 1117 of the National Defense Authorization
Act for Fiscal Year 2022 (10 U.S.C. 971 note prec.).
(D) Section 988 of title 10, United States Code.
(b) REPORT.—
(1) IN GENERAL.—An agreement entered into under subsection (a) shall provide that the federally funded research
and development center shall submit to the Secretary a report
containing the results of the study conducted under the agreement by not later than one year after the date of the enactment
of this Act.
(2) TRANSMITTAL TO CONGRESS.—Not later than 30 days
after the Secretary receives the report under paragraph (1),
the Secretary shall transmit a copy of the report to the Committee on Armed Services of the Senate and the Committee
on Armed Services of the House of Representatives.

H. R. 7776—400
(3) SECRETARY OF DEFENSE EVALUATION.—The Secretary
shall submit with the report transmitted pursuant to paragraph
(2) an evaluation of each change suggested pursuant to subsection (a)(2)(H). The evaluation shall include—
(A) a determination of whether the Secretary concurs
with each suggested change;
(B) an assessment of the potential effects of each suggested change on the ability of the Department of Defense
to hire or retain personnel at the Department of Defense,
particularly those persons with specialized experience or
training;
(C) an assessment of the potential effects of each suggested change on the ability of the Department of Defense
to detect, deter, prevent, or redress violations of ethical
standards, including conflicts of interest; and
(D) any other information that the Secretary determines to be appropriate.
SEC. 1074. JOINT CONCEPT FOR COMPETING.

(a) IN GENERAL.—Not later than 90 days after the date of
the enactment of this Act, the Secretary of Defense shall develop
a Joint Concept for Competing.
(b) PURPOSES.—The purposes of the Joint Concept for Competing are to—
(1) define the roles and missions of the Department of
Defense in long-term strategic competition with specific
competitors;
(2) conceptualize the employment of joint forces capabilities
to deter adversarial military action by strategic competitors;
(3) describe the manner in which the Department of
Defense will use its forces, capabilities, posture, indications
and warning systems, and authorities to protect United States
national interests in the course of participating in long-term
strategic competition, including through—
(A) departmental efforts to integrate Department of
Defense roles and missions with other instruments of
national power;
(B) security cooperation with partners and allies; and
(C) operations relating to long-term strategic competition, particularly below the threshold of traditional armed
conflict;
(4) identify priority lines of effort and assign responsibility
to relevant Armed Forces, combatant commands, and other
elements of the Department of Defense for each specified line
of effort in support of the Joint Concept for Competing; and
(5) provide means for integrating and continuously
improving the ability of the Department to engage in longterm strategic competition.
(c) REPORT.—
(1) IN GENERAL.—Not later than 180 days after the date
of the enactment of this Act, and every 180 days thereafter
for two years, the Secretary of Defense shall submit to the
congressional defense committees a report on the implementation of the Joint Concept for Competing.
(2) ELEMENTS.—Each report required under paragraph (1)
shall include the following elements:

H. R. 7776—401
(A) A detailed description of any actions taken by the
Department of Defense relative to the purposes specified
under subsection (b).
(B) An articulation of any new concepts or strategies
necessary to support the Joint Concept for Competing.
(C) An articulation of any capabilities, resources, or
authorities necessary to implement the Joint Concept for
Competing.
(D) An explanation of the manner in which the Joint
Concept for Competing relates to and integrates with the
Joint Warfighting Concept.
(E) An explanation of the manner in which the Joint
Concept for Competing synchronizes and integrates with
efforts of other departments and agencies of the United
States Government to address long-term strategic competition.
(F) Any other matters the Secretary of Defense determines relevant.
SEC. 1075. ANALYSIS OF FEASIBILITY AND ADVISABILITY OF RELOCATING MAJOR UNITS OF THE UNITED STATES ARMED
FORCES TO CERTAIN EUROPEAN COUNTRIES.

(a) REPORT.—Not later than 180 days after the date of enactment of this Act, the Secretary of Defense shall submit to the
congressional defense committees a report on the feasibility and
advisability of relocating major units of the United States Armed
Forces to a covered country. Such report shall include—
(1) a description of commitments made by a covered country
to provide host nation support, including funding for construction and maintenance of Department of Defense facilities and
other actions that might reduce costs to the Department of
Defense associated with hosting major units of the Armed
Forces in such covered country;
(2) an estimate of the expenses associated with the relocation of major units of the Armed Forces from current host
nation locations, as well as a description of any benefits that
would be derived from colocating such units with existing
United States or multinational forces at current host nation
locations;
(3) a description of the extent to which positioning major
units of the Armed Forces in covered countries would provide
greater operational benefit than keeping such units in current
locations, including an analysis of—
(A) the geographic significance of covered countries;
(B) any capabilities the host nation may offer, such
as air defense or base security or terms under which the
United States may use facilities on their territory; and
(C) an analysis of the risks associated with the relocation of such units to covered countries;
(4) a description of any engagements at the Under Secretary level or higher with an official of a covered country
with respect to anticipated major unit movements in the area
of responsibility of the United States European Command
during the period covered by the future-years defense program
most recently submitted to Congress pursuant to section 221
of title 10, United States Code, including—

H. R. 7776—402
(A) a description of the engagement with each covered
country during the calendar year preceding the calendar
during which the report is submitted;
(B) a description of any specific requirements identified
in order to host a major unit; and
(C) in the case of a covered country has been determined to be unsuitable for hosting a major unit of the
Armed Forces, a description of why it was determined
unsuitable; and
(5) any other matter the Secretary determines is relevant.
(b) DEFINITIONS.—In this section:
(1) The term ‘‘covered country’’ means Romania, Poland,
Lithuania, Latvia, Estonia, Hungary, Bulgaria, the Czech
Republic, or Slovakia.
(2) The term ‘‘major unit’’ means an organizational unit
composed of more than 500 military personnel.
SEC. 1076. REPORT ON EFFECTS OF STRATEGIC COMPETITOR NAVAL
FACILITIES IN AFRICA.

(a) IN GENERAL.—Not later than May 15, 2023, the Secretary
of Defense shall submit to the congressional defense committees
a report on the effects of current or planned covered naval facilities
in Africa on the interests of the Department of Defense.
(b) ELEMENTS.—The report required under subsection (a) shall
include the following:
(1) An identification of—
(A) any location in Africa where a covered naval facility
has been established; and
(B) any location in Africa where a covered naval facility
is planned for construction.
(2) A detailed description of—
(A) any agreement entered into between China or
Russia and a country or government in Africa providing
for or enabling the establishment or operation of a covered
naval facility in Africa; and
(B) any efforts by the Department of Defense to change
force posture, deployments, or other activities in Africa
as a result of current or planned covered naval facilities
in Africa.
(3) An assessment of—
(A) the effect that each current covered naval facility
has had on Department of Defense interests in and around
Africa, including Department of Defense operational plans
in the areas of responsibility of geographic combatant commands other than United States Africa Command;
(B) the effect that each planned covered naval facility
is expected to have on Department of Defense interests
in and around Africa, including Department of Defense
operational plans in the areas of responsibility of
geographic combatant commands other than United States
Africa Command;
(C) the policy objectives of China and Russia in establishing current and future covered naval facilities at the
locations identified under paragraph (1); and
(D) the specific military capabilities supported by each
current or planned covered naval facility.

H. R. 7776—403
(c) FORM OF REPORT.—The report required under subsection
(a) shall be submitted in unclassified form without any designation
relating to dissemination control, but may include a classified
annex.
(d) DEFINITIONS.—In this section:
(1) The term ‘‘Africa’’ means all countries in the area of
operations of United States Africa Command and Egypt.
(2) The term ‘‘covered naval facility’’ means a naval facility
owned, operated, or otherwise controlled by the People’s
Republic of China or the Russian Federation.
(3) The term ‘‘naval facility’’ means a naval base, civilian
sea port with dual military uses, or other facility intended
for the use of warships or other naval vessels for refueling,
refitting, resupply, force projection, or other military purposes.

Subtitle G—Other Matters
SEC. 1081. TECHNICAL AND CONFORMING AMENDMENTS.

(a) TITLE 10, UNITED STATES CODE.—Title 10, United States
Code, is amended as follows:
(1) The table of chapters at the beginning of subtitle A
is amended by striking the item relating to the second chapter
19 (relating to cyber matters).
(2) Section 113 is amended—
(A) in subsection (l)(2)(F), by inserting a period after
‘‘inclusion in the armed forces’’; and
(B) in subsection (m), by redesignating the second paragraph (8) as paragraph (9).
(3) The section heading for section 2691 is amended by
striking ‘‘state’’ and inserting ‘‘State’’.
(4) Section 3014 is amended by striking ‘‘section 4002(a)
or 4003’’ and inserting ‘‘section 4021(a) or 4022’’.
(5) Section 4423(e) is amended by striking ‘‘section 4003’’
and inserting ‘‘section 4022’’.
(6) Section 4831(a) is amended by striking ‘‘section 4002’’
and inserting ‘‘section 4021’’.
(7) Section 4833(c) is amended by striking ‘‘section 4002’’
and inserting ‘‘section 4021’’.
(b) NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR
2022.—Effective as of December 27, 2021, and as if included therein
as enacted, section 907(a) of the National Defense Authorization
Act for Fiscal Year 2022 (Public Law 117–81) is amended by striking
‘‘116–283’’ and inserting ‘‘115–232’’.
(c) NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR
2020.—Effective as of December 20, 2019, and as if included therein
as enacted, section 905(a)(2) of the National Defense Authorization
Act for Fiscal Year 2020 (Public Law 116–92; 10 U.S.C. 391 note)
is amended by inserting a period at the end.
(d) NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR
2014.—Effective as of December 26, 2013, and as if included therein
as enacted, section 932(c)(2)(D) of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66; 10 U.S.C. 2224
note) is amended by striking ‘‘subsection (c)(3)’’ and inserting ‘‘paragraph (3)’’.

H. R. 7776—404
(e) AUTOMATIC EXECUTION OF CONFORMING CHANGES TO TABLES
OF SECTIONS, TABLES OF CONTENTS, AND SIMILAR TABULAR ENTRIES
IN DEFENSE LAWS.—
(1) ELIMINATION OF NEED FOR SEPARATE CONFORMING
AMENDMENT.—Chapter 1 of title 10, United States Code, is
amended by adding at the end the following new section:
‘‘§ 102. Effect of certain amendments on conforming changes
to tables of sections, tables of contents, and similar
tabular entries
‘‘(a) AUTOMATIC EXECUTION OF CONFORMING CHANGES.—When
an amendment to a covered defense law adds a section or larger
organizational unit to the covered defense law, repeals or transfers
a section or larger organizational unit in the covered defense law,
or amends the designation or heading of a section or larger organizational unit in the covered defense law, that amendment also shall
have the effect of amending any table of sections, table of contents,
or similar tabular entries in the covered defense law to alter the
table to conform to the changes made by the amendment.
‘‘(b) EXCEPTIONS.—Subsection (a) shall not apply to an amendment described in such subsection when—
‘‘(1) the amendment or a clerical amendment enacted at
the same time expressly amends a table of sections, table
of contents, or similar tabular entries in the covered defense
law to alter the table to conform to the changes made by
the amendment; or
‘‘(2) the amendment otherwise expressly exempts itself from
the operation of this section.
‘‘(c) COVERED DEFENSE LAW.—In this section, the term ‘covered
defense law’ means—
‘‘(1) this title;
‘‘(2) titles 32 and 37;
‘‘(3) any national defense authorization Act that authorizes
funds to be appropriated for a fiscal year to the Department
of Defense; and
‘‘(4) any other law designated in the text thereof as a
covered defense law for purposes of application of this section.’’.
(2) CONFORMING AMENDMENT.—The heading of chapter 1
of title 10, United States Code, is amended to read as follows:
‘‘CHAPTER 1—DEFINITIONS, RULES OF CONSTRUCTION,
CROSS REFERENCES, AND RELATED MATTERS’’.
(3) APPLICATION OF AMENDMENT.—Section 102 of title 10,
United States Code, as added by paragraph (1), shall apply
to the amendments made by this section and other amendments
made by this Act.
(f) COORDINATION WITH OTHER AMENDMENTS MADE BY THIS
ACT.—For purposes of applying amendments made by provisions
of this Act other than this section, the amendments made by this
section shall be treated as having been enacted immediately before
any such amendments by other provisions of this Act.
SEC. 1082. DEPARTMENT OF DEFENSE CIVILIAN PROTECTION CENTER
OF EXCELLENCE.

(a) CIVILIAN PROTECTION CENTER OF EXCELLENCE.—

H. R. 7776—405
(1) IN GENERAL.—Chapter 7 of title 10, United States Code,
is amended by inserting after section 183a the following new
section:
‘‘§ 184. Civilian Protection Center of Excellence
‘‘(a) ESTABLISHMENT.—The Secretary of Defense shall operate
the Civilian Protection Center of Excellence. The purpose of the
Center shall be to—
‘‘(1) serve as the focal point for matters related to civilian
casualties and other forms of civilian harm resulting from military operations involving the United States Armed Forces; and
‘‘(2) institutionalize and advance knowledge, practices, and
tools for preventing, mitigating, and responding to civilian
harm.
‘‘(b) PURPOSE.—The Center shall be used to—
‘‘(1) develop standardized civilian-harm operational
reporting and data management processes to improve data
collection, sharing, and learning across the Department of
Defense;
‘‘(2) develop, recommend, and review guidance, and the
implementation of guidance, on how the Department responds
to civilian harm;
‘‘(3) develop recommended guidance for addressing civilian
harm across the full spectrum of armed conflict and for use
in doctrine and operational plans;
‘‘(4) recommend training and exercises for the prevention
and investigation of civilian harm;
‘‘(5) develop a repository of civilian casualty and civilian
harm information;
‘‘(6) capture lessons learned from assessments and investigations of civilian casualty incidents and supporting institutionalization of such lessons learned within policy, doctrine,
training, exercises, and tactics, techniques, and procedures of
the Department of Defense;
‘‘(7) support the coordination and synchronization of efforts
across combatant commands, the Department of State, and
other relevant United States Government departments and
agencies to prevent, mitigate, and respond to incidents of
civilian harm;
‘‘(8) engage with nongovernmental organizations and
civilian casualty experts; and
‘‘(9) perform such other functions as the Secretary of
Defense may specify.
‘‘(c) ANNUAL REPORT.—The Secretary of Defense shall submit
to the congressional defense committees, and make publicly available on an appropriate website of the Department, an annual report
on the activities of the Center.’’.
(2) CLERICAL AMENDMENT.—The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 183a the following new item:
‘‘184. Civilian Protection Center of Excellence.’’.

(b) DEADLINE FOR ESTABLISHMENT.—The Civilian Protection
Center of Excellence, as required under section 184 of title 10,
United States Code, as added by subsection (a), shall be established
by not later than 90 days after the date of the enactment of
this Act.

H. R. 7776—406
(c) REPORT TO CONGRESS.—Not later than 90 days after the
date of the enactment of this Act, the Secretary of Defense shall
submit to the congressional defense committees a report on the
establishment of such Civilian Protection Center of Excellence.
SEC. 1083. RONALD V. DELLUMS MEMORIAL FELLOWSHIP IN STEM.

Section 4093(f) of title 10, United States Code, is amended
by adding at the end the following new paragraph:
‘‘(3) In coordination with the efforts under paragraph (2), the
Secretary of Defense shall additionally establish a program, which
shall be known as the ‘Ronald V. Dellums Memorial Fellowship
in STEM’, to provide financial assistance under this section to
at least 30 students from communities that are underrepresented
in the Department of Defense STEM workforce, not fewer of 50
percent of whom shall attend historically Black colleges and universities and minority-serving institutions. As part of such program,
the Secretary shall establish an internship program that provides
each student who is awarded a fellowship under this paragraph
with an internship in an organization or element of the Department
of Defense, and to the extent practicable, each such student shall
be paired with a mid-level or a senior-level official of the relevant
organization or element of the Department of Defense who shall
serve as a mentor during the internship.’’.
SEC. 1084. AMENDMENT TO MEMORIAL FOR MEMBERS OF THE ARMED
FORCES KILLED IN ATTACK ON HAMID KARZAI INTERNATIONAL AIRPORT.

Section 1087 of National Defense Authorization Act for Fiscal
Year 2022 (40 U.S.C. 8903 note) is amended by striking ‘‘The
Secretary of Defense may’’ and inserting ‘‘The Secretary of Defense
shall, not later than 1 year after the date of enactment of the
National Defense Authorization Act for Fiscal Year 2023,’’.
SEC. 1085. PUBLIC AVAILABILITY OF COST OF CERTAIN MILITARY
OPERATIONS.

Section 1090 of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114–328) is amended—
(1) by inserting ‘‘(a) PUBLICATION OF INFORMATION.—’’
before ‘‘The Secretary of Defense’’;
(2) by striking ‘‘of each of the wars in Afghanistan, Iraq,
and Syria.’’ and inserting ‘‘of any contingency operation conducted by the United States Armed Forces on or after September 18, 2001.’’; and
(3) by adding at the end the following new subsections:
‘‘(b) DISPLAY OF INFORMATION.—The information required to
be posted under subsection (a) shall, to the extent practicable—
‘‘(1) be posted directly on the website of the Department
of Defense, in an accessible and clear format;
‘‘(2) include corresponding documentation as links or
attachments; and
‘‘(3) include, for each contingency operation, a list of countries where the contingency operation has taken place.
‘‘(c) UPDATES.—The Secretary shall ensure that all the information required to be posted under subsection (a) is updated by not
later than 90 days after the last day of each fiscal year.
‘‘(d) CONTINGENCY OPERATION DEFINED.—In this section, the
term ‘contingency operation’ has the meaning given such term in
section 101(a)(13) of title 10, United States Code.’’.

H. R. 7776—407
SEC. 1086. COMBATING MILITARY RELIANCE ON RUSSIAN ENERGY.

(a) SENSE OF CONGRESS.—It is the sense of Congress that—
(1) reliance on Russian energy poses a critical challenge
for national security activities in the area of responsibility
of the United States European Command; and
(2) in order to reduce the vulnerability of United States
military facilities to disruptions caused by reliance on Russian
energy, the Department of Defense should establish and implement plans to reduce reliance on Russian energy for all main
operating bases in the area of responsibility of the United
States European Command.
(b) ELIMINATING USE OF RUSSIAN ENERGY.—It shall be the
goal of the Department of Defense to eliminate the use of Russian
energy on each main operating base in the area of responsibility
of the United States European Command by not later than five
years after the date of the completion of an installation energy
plan for such base, as required under this section.
(c) INSTALLATION ENERGY PLANS FOR MAIN OPERATING BASES.—
(1) IDENTIFICATION OF INSTALLATIONS.—Not later than June
1, 2023, the Secretary of Defense shall submit to the congressional defense committees a list of main operating bases within
the area of responsibility of the United States European Command ranked according to mission criticality and vulnerability
to energy disruption.
(2) SUBMITTAL OF PLANS.—Not later than 12 months after
the date of the enactment of this Act, the Secretary of Defense
shall submit to the congressional defense committees—
(A) an installation energy plan for each main operating
base on the list submitted under paragraph (1); and
(B) an assessment of the feasibility of reaching the
goal for the elimination of the use of Russian energy pursuant to subsection (b) on that base, including—
(i) a description of the steps that would be required
to meet such goal; and
(ii) an analysis of the effects such steps would
have on the national security of the United States.
(d) CONTENT OF PLANS.—Each installation energy plan for a
main operating base shall include each of the following with respect
to that base:
(1) An assessment of the energy resilience requirements,
resiliency gaps, and energy-related cybersecurity requirements
of the base, including with respect to operational technology,
control systems, and facilities-related control systems.
(2) An identification of investments in technology required
to improve energy resilience, reduce demand, strengthen energy
conservation, and support mission readiness.
(3) An identification of investments in infrastructure,
including microgrids, required to strengthen energy resilience
and mitigate risk due to grid disturbance.
(4) Recommendations related to opportunities for the use
of renewable energy, clean energy, nuclear energy, and energy
storage projects to reduce dependence on natural gas.
(5) An assessment of how the requirements and recommendations included pursuant to paragraphs (2) through
(4) interact with the energy policies of the country where the
base is located, both at present and into the future.
(e) IMPLEMENTATION OF PLANS.—

H. R. 7776—408
(1) DEADLINE FOR IMPLEMENTATION.—Not later than 30
days after the date on which the Secretary submits an installation energy plan for a base under subsection (c)(2), the Secretary
shall—
(A) begin implementing the plan; and
(B) provide to the congressional defense committees
a briefing on the contents of the plan and the strategy
of the Secretary for implementing the mitigation measures
identified in the plan.
(2) PRIORITIZATION OF CERTAIN PROJECTS.—In implementing an installation energy plan for a base under this
section, the Secretary shall prioritize projects requested under
section 2914 of title 10, United States Code, to mitigate assessed
risks and improve energy resilience, energy security, and energy
conservation at the base.
(3) NONAPPLICATION OF CERTAIN OTHER AUTHORITIES.—Subsection (d) of section 2914 of title 10, United States Code,
shall not apply with respect to any project carried out pursuant
to this section or pursuant to an installation energy plan for
a base under this section.
(f) POLICY FOR FUTURE BASES.—The Secretary of Defense shall
establish a policy to ensure that any new military base in the
area of responsibility of the United States European Command
is established in a manner that proactively includes the consideration of energy security, energy resilience, and mitigation of risk
due to energy disruption.
(g) ANNUAL CONGRESSIONAL BRIEFINGS.—The Secretary of
Defense shall provide to the congressional defense committees
annual briefings on the installation energy plans required under
this section. Such briefings shall include an identification of each
of the following:
(1) The actions each main operating base is taking to
implement the installation energy plan for that base.
(2) The progress that has been made toward reducing the
reliance of United States bases on Russian energy.
(3) The steps being taken and planned across the futureyears defense program to meet the goal of eliminating reliance
on Russian energy.
SEC. 1087. ESTABLISHMENT OF JOINT FORCE HEADQUARTERS IN AREA
OF OPERATIONS OF UNITED STATES INDO-PACIFIC COMMAND.

(a) ESTABLISHMENT.—Not later than October 1, 2024, the Secretary of Defense shall establish a joint force headquarters in the
area of operations of United States Indo-Pacific Command, in
accordance with the implementation plan required under subsection
(b).
(b) IMPLEMENTATION PLAN AND ESTABLISHMENT OF JOINT FORCE
HEADQUARTERS.—
(1) IMPLEMENTATION PLAN.—Not later than 180 days after
the date of the enactment of this Act, the Secretary of Defense
shall submit to the congressional defense committees an
implementation plan for the establishment of a joint force headquarters in the area of operations of United States Indo-Pacific
Command to serve as an operational command. Such plan
shall include—

H. R. 7776—409
(A) the integration of joint all domain command and
control effects chains and mission command and control,
including in conflicts that arise with minimal warning;
(B) the integration of the capabilities of Assault
Breaker II, developed by the Defense Advanced Research
Projects Agency, and related developmental efforts as they
transition to operational deployment;
(C) the exercise of other joint all domain command
and control capabilities and functions; and
(D) such other missions and operational tasks as the
Secretary determines appropriate.
(2) ELEMENTS.—The plan required by paragraph (1) shall
include each of the following with respect to the joint force
headquarters to be established:
(A) A description of the operational chain of command.
(B) An identification of the manning and resourcing
required, relative to assigned missions, particularly the
sources of personnel required.
(C) A description of the mission and lines of effort.
(D) A description of the relationship with existing entities in United States Indo-Pacific Command, including an
assessment of complementary and duplicative activities
with such entities and the joint force headquarters.
(E) An identification of supporting infrastructure
required.
(F) Such other matters as the Secretary considers
appropriate.
(c) SUPPORT FOR JOINT FORCE HEADQUARTERS.—The commander of the joint force headquarters established under this section shall be supported by the United States Indo-Pacific Command
subordinate unified commands, subordinate component commands,
standing joint task force, and the Armed Forces.
(d) ANNUAL REPORT REQUIRED.—
(1) IN GENERAL.—Not later than one year after the date
of the establishment of the joint force headquarters required
under subsection (a), and not less frequently than once each
year thereafter until December 31, 2028, the Secretary of
Defense shall submit to the congressional defense committees
an annual report on the joint force headquarters established
under this section.
(2) CONTENTS.—Each report submitted under paragraph
(1) shall include the following:
(A) A description of the mission and lines of effort
of the joint force headquarters.
(B) An accounting of the personnel and other resources
supporting the joint force headquarters, including support
external to the headquarters.
(C) A description of the operational chain of command
of the joint force headquarters.
(D) An assessment of the manning and resourcing of
the joint force headquarters, relative to assigned missions.
(E) A description of the relationship with existing entities in Indo-Pacific Command, including an assessment
of complementary and duplicative activities with such entities and the joint force headquarters.

H. R. 7776—410
(3) FORM.—Each report submitted under paragraph (1)
shall be submitted in unclassified form, but may include a
classified annex.
SEC. 1088. NATIONAL TABLETOP EXERCISE.

(a) REQUIREMENT.—Not later than one year after the date
of the enactment of this Act, the Secretary of Defense shall conduct
a tabletop exercise designed to assess the resiliency of United
States domestic critical infrastructure supporting United States
military requirements in the event of a military contingency
involving Taiwan.
(b) ELEMENTS.—A tabletop exercise under this section shall
be designed to evaluate the following elements:
(1) The resilience of domestic critical infrastructure and
logistical chokepoints necessary for the United States Armed
Forces to respond to a contingency involving Taiwan, including
an assessment of the mobility of the United States Armed
Forces in the event of attacks upon such infrastructure.
(2) Federal Government response options to ensure the
viability of domestic critical infrastructure in the event of a
military contingency involving Taiwan.
(3) The ability of the United States Armed Forces, with
the armed forces of United States allies and partners, to resist
any resort to force or other form of coercion by an aggressor
in the event of a military contingency involving Taiwan, if
domestic critical infrastructure is compromised.
(4) The importance of nonmilitary actions, including economic and financial measures, by the United States, with
United States allies and partners, to deter and, if necessary,
respond to a contingency involving Taiwan.
(c) CONSULTATION REQUIREMENT.—In carrying out this section,
the Secretary shall consult with the heads of other appropriate
Federal departments and agencies, as the Secretary determines
appropriate.
(d) BRIEFING.—
(1) IN GENERAL.—Not later than 90 days after the date
on which a tabletop exercise is conducted under this section,
the Secretary shall provide to the appropriate congressional
committees a briefing on the exercise.
(2) CONTENTS.—A briefing under paragraph (1) shall
include—
(A) an assessment of the decision-making, capability,
and response gaps observed in the tabletop exercise; and
(B) recommendations to improve the resiliency of, and
reduce vulnerabilities in, the domestic critical infrastructure of the United States in the event of a military contingency involving Taiwan.
(e) DEFINITIONS.—In this section:
(1) The term ‘‘appropriate congressional committees’’
means—
(A) the Committee on Armed Services, the Committee
on Foreign Affairs, and the Committee on Oversight and
Reform of the House of Representatives; and
(B) the Committee on Armed Services, the Committee
on Foreign Relations, and the Committee on Homeland
Security and Government Affairs of the Senate.
(2) The term ‘‘tabletop exercise’’ means an activity—

H. R. 7776—411
(A) in which key personnel assigned high-level roles
and responsibilities are gathered to deliberate various
simulated emergency or rapid response situations; and
(B) that is designed to be used to assess the adequacy
of plans, policies, procedures, training, resources, and relationships or agreements that guide prevention of, response
to, and recovery from a defined event.
SEC. 1089. PERSONNEL SUPPORTING THE OFFICE OF THE ASSISTANT
SECRETARY OF DEFENSE FOR SPECIAL OPERATIONS AND
LOW INTENSITY CONFLICT.

(a) PLAN REQUIRED.—Not later than 30 days after the date
of the completion of the manpower study required by the Joint
Explanatory Statement accompanying the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117–81), the
Secretary of Defense shall submit to the congressional defense
committees a plan for adequately staffing the Office of the Assistant
Secretary of Defense for Special Operations and Low Intensity
Conflict to fulfill the requirements of section 138(b)(2)(A)(i) of title
10, United States Code, for exercising authority, direction, and
control of all special-operations peculiar administrative matters
relating to the organization, training, and equipping of special
operations forces.
(b) ADDITIONAL INFORMATION.—The Secretary shall ensure the
plan required under subsection (a) is informed by the manpower
study required by the Joint Explanatory Statement accompanying
the National Defense Authorization Act for Fiscal Year 2022 (Public
Law 117–81).
(c) ELEMENTS.—The plan required under subsection (a) shall
include the following elements:
(1) A validated number of personnel necessary to fulfill
the responsibilities of the Secretariat for Special Operations
outlined in section 139b of title 10, United States Code, and
associated funding across the future-years defense program
submitted to Congress under section 221 of title 10, United
States Code.
(2) A hiring plan with milestones for gradually increasing
the number of required personnel.
(3) A breakdown of the optimal mix of required military,
civilian, and contractor personnel.
(4) An analysis of the feasibility and advisability of
assigning a member of the Senior Executive Service to serve
as the Deputy Director of the Secretariat for Special Operations.
(5) An identification of any anticipated funding shortfalls
for personnel supporting the Secretariat for Special Operations
across the future-years defense program submitted to Congress
under section 221 of title 10, United States Code.
(6) Any other matters the Secretary determines relevant.
SEC. 1090. SENSE OF CONGRESS ON REDESIGNATION OF THE AFRICA
CENTER FOR STRATEGIC STUDIES AS THE JAMES M.
INHOFE CENTER FOR AFRICA STRATEGIC STUDIES.

It is the sense of Congress that—
(1) Senator James M. Inhofe—
(A) has, during his more than three decades of service
in the United States Congress—
(i) demonstrated a profound commitment to
strengthening United States-Africa relations; and

H. R. 7776—412
(ii) been one of the foremost leaders in Congress
on matters related to United States-Africa relations;
(B) was a key advocate for the establishment of United
States Africa Command; and
(C) has conducted 170 visits to countries in Africa;
and
(2) as a recognition of Senator Inhofe’s long history of
engaging with, and advocating for, Africa, the Department of
Defense Africa Center for Strategic Studies should be renamed
the James M. Inhofe Center for Africa Strategic Studies.
SEC. 1091. INTEGRATION OF ELECTRONIC WARFARE INTO TIER 1 AND
TIER 2 JOINT TRAINING EXERCISES.

(a) IN GENERAL.—During fiscal years 2023 through 2027, the
Chairman of the Joint Chiefs of Staff shall require that offensive
and defensive electronic warfare capabilities be integrated into Tier
1 and Tier 2 joint training exercises.
(b) REQUIREMENT TO INCLUDE OPPOSING FORCE.—The Chairman shall require exercises conducted under subsection (a) to
include an opposing force design based on a current intelligence
assessment of the electromagnetic order of battle and capabilities
of an adversary.
(c) WAIVER.—The Chairman may waive the requirements under
subsections (a) and (b) with respect to an exercise if the Chairman
determines that—
(1) the exercise does not require—
(A) a demonstration of electronic warfare capabilities;
or
(B) a militarily significant threat from electronic warfare attack; or
(2) the integration of offensive and defensive electronic
warfare capabilities into the exercise is cost prohibitive or not
technically feasible based on the overall goals of the exercise.
(d) BRIEFING REQUIRED.—Concurrent with the submission of
the budget of the President to Congress pursuant to section 1105(a)
of title 31, United States Code, for each of fiscal years 2023 through
2027, the Chairman shall provide to the congressional defense
committees a briefing on exercises conducted under subsection (a)
that includes—
(1) a description of such exercises planned and included
in the budget submission for that fiscal year; and
(2) the results of each such exercise conducted in the preceding fiscal year, including—
(A) the extent to which offensive and defensive electronic warfare capabilities were integrated into the exercise;
(B) an evaluation and assessment of the exercise to
determine the impact of the opposing force on the participants in the exercise, including—
(i) joint lessons learned;
(ii) high interest training issues; and
(iii) high interest training requirements; and
(C) whether offensive and defensive electronic warfare
capabilities were part of an overall joint fires and, if so,
a description of how such capabilities were incorporated
into the joint fires.
(e) DEFINITIONS.—In this section:

H. R. 7776—413
(1) The term ‘‘electromagnetic order of battle’’ has the
meaning given that term in Joint Publication 3-85 titled ‘‘Joint
Electromagnetic Spectrum Operations’’, dated May 2020.
(2) The terms ‘‘high interest training issue’’, ‘‘high interest
training requirement’’, ‘‘Tier 1’’, and ‘‘Tier 2’’ have the meanings
given those terms in the Joint Training Manual for the Armed
Forces of the United States (Document No. CJCSM 3500.03E),
dated April 20, 2015.
(3) The term ‘‘joint fires’’ has the meaning given that term
in the publication of the Joint Staff titled ‘‘Insights and Best
Practices Focus Paper on Integration and Synchronization of
Joint Fires’’, dated July 2018.
SEC. 1092. NATIONAL COMMISSION ON THE FUTURE OF THE NAVY.

(a) ESTABLISHMENT.—
(1) IN GENERAL.—There is established an independent
commission in the legislative branch to be known as the
‘‘Commission on the Future of the Navy’’ (in this section
referred to as the ‘‘Commission’’).
(2) DUTIES OF COMMISSION.—
(A) STUDY ON NAVAL FORCE STRUCTURE.—
(i) IN GENERAL.—The Commission shall undertake
a comprehensive study of the structure of the Navy
and policy assumptions related to the size and force
mixture of the Navy, in order—
(I) to make recommendations on the size and
force mixture of ships; and
(II) to make recommendations on the size and
force mixture of naval aviation.
(ii) CONSIDERATIONS.—In undertaking the study
required by this subsection, the Commission shall carry
out each of the following:
(I) An evaluation and identification of a structure for the Navy that—
(aa) has the depth and scalability to meet
current and anticipated requirements of the
combatant commands;
(bb) assumes four different funding levels
of: fiscal year 2023 appropriated plus inflation;
fiscal year 2023 appropriated with 3–5 percent
real growth; such as is necessary to build,
man, maintain and modernize the fleet
required by section 1025 of the National
Defense Authorization Act for 2018 (Public
Law 115–91); and notionally unconstrained to
meet the needs of the National Defense
Strategy including a particular focus on the
areas of responsibility of United States IndoPacific Command and United States European
Command;
(cc) ensures that the Navy has the
capacity needed to support current and anticipated homeland defense and disaster assistance missions in the United States;
(dd) provides for sufficient numbers of
members of the Navy to ensure a 115 percent
manning level of all deployed ships and not

H. R. 7776—414
less than a 90 percent manning level at any
point in time;
(ee) provides a sustainable force generation model with the associated rotational presence, personnel, training, and maintenance
assumptions;
(ff) identifies forward basing and stationing requirements; and
(gg) identifies potential strategic and operational risk tradeoffs and makes recommendations among readiness, efficiency, effectiveness, capability, and affordability.
(II) An evaluation and identification of combatant command demand and fleet size, including
recommendations to support—
(aa) readiness;
(bb) training;
(cc) routine ship maintenance;
(dd) personnel;
(ee) forward presence;
(ff) depot level ship maintenance; and
(gg) fleet modernization.
(III) A detailed review of the cost of the
recapitalization of the Nuclear Triad in the Department of Defense and its effect on the Navy’s
budget.
(IV) A review of Navy personnel policies and
training to determine changes needed across all
personnel activities to improve training effectiveness and force tactical readiness and reduce operational stress.
(B) STUDY ON SHIPBUILDING AND INNOVATION.—
(i) IN GENERAL.—The Commission shall conduct
a study on shipbuilding, new construction, and repair
shipyards, and opportunities to better integrate
advanced technologies such as augmented reality and
artificial intelligence in the fleet.
(ii) CONSIDERATIONS.—In conducting the study
required under this subsection, the Commission shall
consider the following:
(I) Recommendations for specific changes to
the Navy’s Shipyard Infrastructure Optimization
Program, which may include legislative changes
such as providing multi-year appropriations or
expanded use of innovative technology.
(II) Recommendations for changes to the ship
design and build program that could reduce technical and schedule risk, reduce cost, accelerate
build timelines, and prioritize an incremental
approach to introducing change.
(III) Recommendations for changes to the ship
depot maintenance program in order to reduce
overhaul timelines, integrate current technologies
into ships, and reduce costs.
(3) POWERS OF COMMISSION.—
(A) HEARINGS.—The Commission may hold such
hearings, sit and act at such times and places, take such

H. R. 7776—415
testimony, and receive such evidence as the Commission
considers advisable to carry out its duties under this section.
(B) INFORMATION FROM FEDERAL AGENCIES.—The
Commission may secure directly from any Federal department or agency such information as the Commission considers necessary to carry out its duties under this section.
Upon request of the Co-Chairs of the Commission, the
head of such department or agency shall furnish such
information to the Commission.
(C) USE OF POSTAL SERVICE.—The Commission may
use the United States mails in the same manner and
under the same conditions as other departments and agencies of the Federal Government.
(D) AUTHORITY TO ACCEPT GIFTS.—
(i) IN GENERAL.—The Commission may accept, use,
and dispose of gifts or donations of services, goods,
and property from non-Federal entities for the purposes
of aiding and facilitating the work of the Commission.
The authority under this paragraph does not extend
to gifts of money.
(ii) DOCUMENTATION; CONFLICTS OF INTEREST.—
The Commission shall document gifts accepted under
the authority provided by clause (i) and shall avoid
conflicts of interest or the appearance of conflicts of
interest.
(iii) COMPLIANCE WITH CONGRESSIONAL ETHICS
RULES.—Except as specifically provided in this section,
a member of the Commission shall comply with rules
set forth by the Select Committee on Ethics of the
Senate and the Committee on Ethics of the House
of Representatives governing employees of the Senate
and the House of Representatives, respectively.
(4) REPORT REQUIRED.—Not later than July 1, 2024, the
Commission shall submit to the Committees on Armed Services
of the Senate and House of Representatives an unclassified
report, with classified annexes if necessary, that includes the
findings and conclusions of the Commission as a result of
the studies required under this section, together with its recommendations for such legislative actions as the Commission
considers appropriate in light of the results of the studies.
(b) MEMBERSHIP.—
(1) COMPOSITION.—The Commission shall be composed of
8 members, of whom—
(A) one shall be appointed by the Speaker of the House
of Representatives;
(B) one shall be appointed by the Minority Leader
of the House of Representatives;
(C) one shall be appointed by the Majority Leader
of the Senate;
(D) one shall be appointed by the Minority Leader
of the Senate;
(E) one shall be appointed by the Chairman of the
Committee on Armed Services of the Senate;
(F) one shall be appointed by the Ranking Member
of the Committee on Armed Services of the Senate;

H. R. 7776—416
(G) one shall be appointed by the Chairman of the
Committee on Armed Services of the House of Representatives; and
(H) one shall be appointed by the Ranking Member
of the Committee on Armed Services of the House of Representatives.
(2) CO-CHAIRS.—There shall be two Co-Chairs of the
Commission. The Republican leadership of the Senate and
House of Representatives shall jointly select one Co-Chair, and
the Democratic leadership of the Senate and House of Representatives shall jointly select the other.
(3) APPOINTMENT DATE; NOTIFICATIONS.—
(A) Members shall be appointed to the commission
under paragraph (1) by not later than 90 days after the
date of enactment of this Act.
(B) Individuals making appointments under paragraph
(1) shall provide notice of the appointments to the Secretary
of Defense (in this section referred to as the ‘‘Secretary’’).
(4) QUALIFICATIONS AND EXPERTISE.—
(A) IN GENERAL.—In making appointments under this
subsection, consideration shall be given to individuals with
expertise in—
(i) United States naval policy and strategy;
(ii) naval forces capability;
(iii) naval nuclear propulsion and weapons;
(iv) naval force structure design, organization, and
employment;
(v) Navy personnel matters;
(vi) Navy acquisition and sustainment;
(vii) Navy shipbuilding;
(viii) naval aviation aircraft procurement; and
(ix) Navy ship and aircraft depot maintenance.
(B) RESTRICTION ON APPOINTMENT.—Officers or
employees of the Federal Government (other than experts
or consultants the services of which are procured under
section 3109 of title 5, United States Code) may not be
appointed as members of the Commission.
(C) RESTRICTION ON MEMBERS OF CONGRESS.—Members
of Congress may not serve on the Commission.
(5) PERIOD OF APPOINTMENT; VACANCIES; REMOVAL OF MEMBERS.—
(A) APPOINTMENT DURATION.—Members shall be
appointed for the life of the Commission.
(B) VACANCIES.—Any vacancy in the Commission shall
not affect its powers, but shall be filled in the same manner
as the original appointment.
(C) REMOVAL OF MEMBERS.—A member may be
removed from the Commission for cause by the individual
serving in the position responsible for the original appointment of such member under subsection (b)(1), provided
that notice has first been provided to such member of
the cause for removal and voted and agreed upon by three
quarters of the members serving. A vacancy created by
the removal of a member under this subsection shall not
affect the powers of the Commission, and shall be filled
in the same manner as the original appointment was made.

H. R. 7776—417
(D) QUORUM.—.A majority of the members serving on
the Commission shall constitute a quorum.
(E) INITIAL MEETING.—Not later than 30 days after
the date on which all members of the Commission have
been appointed as published in the Congressional Record,
the Commission shall hold its initial meeting.
(c) PERSONNEL MATTERS.—
(1) STATUS AS FEDERAL EMPLOYEES.—Notwithstanding the
requirements of section 2105 of title 5, United States Code,
including the required supervision under subsection (a)(3) of
such section, members of the Commission shall be deemed
to be Federal employees in the legislative branch subject to
all the laws and policies applicable to legislative branch
employees.
(2) OATH OF OFFICE.—Notwithstanding the provision of section 2903(b) of title 5, United States Code, an employee of
an Executive Branch agency, otherwise authorized to administer oaths under section 2903 of title 5, United States Code,
may administer the oath of office to Commissioners for the
purpose of their service to the Commission.
(3) SECURITY CLEARANCES.—The appropriate Federal
departments or agencies shall cooperate with the Commission
in expeditiously providing to the Commission members and
staff appropriate security clearances to the extent possible
pursuant to existing procedures and requirements, except that
no person may be provided with access to classified information
under this Act without the appropriate security clearances.
(4) PAY FOR MEMBERS.—Each member of the Commission
may be compensated at a rate not to exceed the daily equivalent
of the annual rate of basic pay payable for level IV of the
Executive Schedule under section 5315 of title 5, United States
Code, for each day (including travel time) during which such
member is engaged in the performance of the duties of the
Commission. All members of the Commission who are officers
or employees of the United States shall serve without compensation additional to that received for their services as officers or employees of the United States.
(5) STAFF.—
(A) EXECUTIVE DIRECTOR.—The Co-Chairs of the
Commission may appoint and fix the rate of basic pay
for an Executive Director in accordance with section 3161
of title 5, United States Code.
(B) COMMISSION STAFF.—The Executive Director may
appoint and fix the rate of basic pay for additional personnel as staff of the Commission in accordance with section 3161 of title 5, United States Code.
(C) DETAILEES AUTHORIZED.—On a reimbursable or
non-reimbursable basis, the heads of departments and
agencies of the Federal Government may provide, and the
Commission may accept personnel detailed from such
departments and agencies, including active-duty military
personnel.
(D) TRAVEL EXPENSES.—The members and staff of the
Commission shall be allowed travel expenses, including
per diem in lieu of subsistence, at rates authorized for
employees of agencies under subchapter I of chapter 57
of title 5, United States Code, while away from their homes

H. R. 7776—418
or regular places of business in the performance of services
for the Commission.
(d) SUPPORT.—
(1) ASSISTANCE FROM DEPARTMENT OF DEFENSE.—
(A) IN GENERAL.—Of the amounts authorized to be
appropriated for the Department of Defense for support
of the Commission, the Secretary may make transfers to
the Commission for commission expenses, including compensation of commission members, officers, and employees,
and provision of other such services, funds, facilities, and
other support services as necessary for the performance
of the Commission’s functions. Funds made available to
support and provide assistance to the Commission may
be used for payment of compensation of members, officers,
and employees of the Commission without transfer under
this subparagraph. Amounts transferred under this
subparagraph shall remain available until expended.
Transfer authority provided by this subparagraph is in
addition to any other transfer authority provided by law.
Section 2215 of title 10, United States Code, shall not
apply to a transfer of funds under this subparagraph.
(B) TREASURY ACCOUNT AUTHORIZED.—The Secretary
of the Treasury may establish an account or accounts for
the Commission from which any amounts transferred under
this clause may be used for activities of the Commission.
(2) LIAISON.—The Secretary shall designate at least one
officer or employee of the Department of Defense to serve
as a liaison officer between the Department and the Commission.
(3) ADDITIONAL SUPPORT.—To the extent that funds are
available for such purpose, or on a reimbursable basis, the
Secretary may, at the request of the Co-Chairs of the Commission—
(A) enter into contracts for the acquisition of administrative supplies and equipment for use by the Commission;
and
(B) make available the services of a Federal funded
research and development center or an independent, nongovernmental organization, described under section
501(c)(3) of the Internal Revenue Code of 1986 and exempt
from taxation under section 501(a) of such Code.
(4) PRELIMINARY ADMINISTRATIVE SUPPORT AUTHORIZED.—
Upon the appointment of the Co-Chairs under subsection (b),
the Secretary may provide administrative support authorized
under this section necessary to facilitate the standing up of
the Commission.
(e) TERMINATION OF COMMISSION.—The Commission shall
terminate 90 days after the submission of the report required
under subsection (a).
SEC. 1093. DYNAMIC AIRSPACE PILOT PROGRAM.

(a) PILOT PROGRAM.—
(1) PILOT PROGRAM REQUIRED.—Not later than 90 days
after the date of the enactment of this Act, the Administrator
of the Federal Aviation Administration, in coordination with
the Secretary of Defense, shall establish a pilot program for
the purpose of developing, testing, and assessing dynamic

H. R. 7776—419
scheduling and management of special activity airspace in order
to accommodate emerging military testing and training requirements, including—
(A) special activity airspace for use by the Department
of Defense for emerging military testing and training
requirements of infrequent or limited durations; and
(B) streamlining the process for the Department of
Defense to request the designation of special activity airspace for activities described in subparagraph (A).
(2) DEVELOPMENT, TEST, AND ASSESSMENT OF DYNAMIC AIRSPACE.—Under the pilot program established under paragraph
(1), the Administrator and the Secretary shall jointly test not
less than two use cases concerning temporary or permanent
special activity airspace established by the Federal Aviation
Administration for use by the Department of Defense that
develop, test, and assess—
(A) the availability of such airspace on an infrequent
or limited duration necessary to accommodate the Department of Defense’s emerging military testing and training
requirements; and
(B) whether the processes for the Department of
Defense to request special activity airspace for infrequent
or limited duration military testing and training events
meet Department of Defense testing and training requirements.
(b) REQUIREMENTS.—The pilot program established by subsection (a) shall not interfere with—
(1) the public’s right of transit consistent with national
security;
(2) the use of airspace necessary to ensure the safety of
aircraft within the National Airspace System;
(3) the use of airspace necessary to ensure the efficient
use of the National Airspace System; and
(4) Department of Defense use of special activity airspace
that is established through means other than the pilot program
established by subsection (a).
(c) REPORT BY THE ADMINISTRATOR.—
(1) IN GENERAL.—Not later than two years after the date
of the establishment of the pilot program under subsection
(a)(1), the Administrator shall submit to the appropriate
committees of Congress a report on the interim findings of
the Administrator with respect to the pilot program.
(2) ELEMENTS.—The report submitted under paragraph (1)
shall include an analysis of the following:
(A) How the pilot program established under subsection
(a)(1) affected policies on establishing and scheduling special activity airspace with an emphasis on the impact of
allocation and utilization policies to other nonparticipating
aviation users of the National Airspace System.
(B) Whether the streamlined processes for dynamic
scheduling and management of special activity airspace
involved in the pilot program established under subsection
(a)(1) contributed to—
(i) the public’s right of transit consistent with
national security;

H. R. 7776—420
(ii) the use of airspace necessary to ensure the
safety of aircraft within the National Airspace System;
and
(iii) the use of airspace necessary to ensure the
efficient use of the National Airspace System.
(d) REPORT BY THE SECRETARY OF DEFENSE.—Not later than
two years after the date of the establishment of the pilot program
under subsection (a)(1), the Secretary shall submit to the appropriate committees of Congress a report on the interim findings
of the Secretary with respect to the pilot program. Such report
shall include an analysis of how the pilot program affected military
testing and training.
(e) DEFINITIONS.—In this section:
(1) The term ‘‘appropriate committees of Congress’’ means—
(A) the Committee on Commerce, Science, and
Transportation, the Committee on Armed Services, and
the Committee on Appropriations of the Senate; and
(B) the Committee on Transportation and Infrastructure, the Committee on Science, Space, and Technology,
the Committee on Armed Services, and the Committee
on Appropriations of the House of Representatives.
(2) The term ‘‘special activity airspace’’ means the following
airspace with defined dimensions within the National Airspace
System wherein limitations may be imposed upon aircraft operations:
(A) Restricted areas.
(B) Military operations areas.
(C) Air traffic control assigned airspace.
(D) Warning areas.
(3) The term ‘‘use cases’’ means a compendium of airspace
utilization data collected from the development, testing, and
assessment conducted under subsection (a)(1), and other test
points or metrics as agreed to by the Administrator and the
Secretary, within a specific geographic region as determined
by the Administrator and Secretary.
(f) DURATION.—The pilot program under subsection (a)(1) shall
continue for not more than three years after the date on which
it is established.

TITLE XI—CIVILIAN PERSONNEL
MATTERS
Sec. 1101. Restricted reporting option for Department of Defense civilian employees
choosing to report experiencing adult sexual assault.
Sec. 1102. Modification and extension of authority to waive annual limitation on
premium pay and aggregate limitation on pay for Federal civilian employees working overseas.
Sec. 1103. One-year extension of temporary authority to grant allowances, benefits,
and gratuities to civilian personnel on official duty in a combat zone.
Sec. 1104. Standardized credentials for law enforcement officers of the Department
of Defense.
Sec. 1105. Temporary extension of authority to provide security for former Department of Defense officials.
Sec. 1106. Enhanced pay authority for certain research and technology positions in
science and technology reinvention laboratories.
Sec. 1107. Flexible workplace programs.
Sec. 1108. Eligibility of Department of Defense employees in time-limited appointments to compete for permanent appointments.
Sec. 1109. Modification to personnel management authority to attract experts in
science and engineering.

H. R. 7776—421
Sec. 1110. Modification and extension of pilot program on dynamic shaping of the
workforce to improve the technical skills and expertise at certain department of defense laboratories.
Sec. 1111. Modification of temporary expansion of authority for noncompetitive appointments of military spouses by federal agencies.
Sec. 1112. Modification to pilot program for the temporary assignment of cyber and
information technology personnel to private sector organizations.
SEC. 1101. RESTRICTED REPORTING OPTION FOR DEPARTMENT OF
DEFENSE CIVILIAN EMPLOYEES CHOOSING TO REPORT
EXPERIENCING ADULT SEXUAL ASSAULT.

(a) IN GENERAL.—Chapter 81 of title 10, United States Code,
is amended by adding at the end the following new section:
‘‘§ 1599j. Restricted reports of incidents of adult sexual
assault
‘‘(a) RESTRICTED REPORTS.—The Secretary of Defense may provide a civilian employee of the Department of Defense an opportunity to submit to an individual described in subsection (d) a
restricted report of an alleged incident of adult sexual assault
for the purpose of assisting the employee in obtaining information
and access to authorized victim support services provided by the
Department.
‘‘(b) RESTRICTIONS ON DISCLOSURES AND INITIATING INVESTIGATIONS.—Unless the Secretary determines that a disclosure is necessary to prevent or mitigate a serious and imminent safety threat
to the employee submitting the report or to another person, a
restricted report submitted pursuant to subsection (a) shall not—
‘‘(1) be disclosed to the supervisor of the employee or any
other management official; or
‘‘(2) cause the initiation of a Federal civil or criminal investigation.
‘‘(c) DUTIES UNDER OTHER LAWS.—The receipt of a restricted
report submitted under subsection (a) shall not be construed as
imputing actual or constructive knowledge of an alleged incident
of sexual assault to the Department of Defense for any purpose.
‘‘(d) INDIVIDUALS AUTHORIZED TO RECEIVE RESTRICTED
REPORTS.—An individual described in this subsection is an individual who performs victim advocate duties under a program for
one or more of the following purposes (or any other program designated by the Secretary):
‘‘(1) Sexual assault prevention and response.
‘‘(2) Victim advocacy.
‘‘(3) Equal employment opportunity.
‘‘(4) Workplace violence prevention and response.
‘‘(5) Employee assistance.
‘‘(6) Family advocacy.
‘‘(e) DEFINITIONS.—In this section:
‘‘(1) CIVILIAN EMPLOYEE.—The term ‘civilian employee’ has
the meaning given the term ‘employee’ in section 2105 of title
5.
‘‘(2) SEXUAL ASSAULT.—The term ‘sexual assault’ has the
meaning given that term in section 920 of this title (article
120 of the Uniform Code of Military Justice), and includes
penetrative offenses and sexual contact offenses.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by adding at the end the following
new item:
‘‘1599j. Restricted reports of incidents of adult sexual assault.’’.

H. R. 7776—422
SEC. 1102. MODIFICATION AND EXTENSION OF AUTHORITY TO WAIVE
ANNUAL LIMITATION ON PREMIUM PAY AND AGGREGATE
LIMITATION ON PAY FOR FEDERAL CIVILIAN EMPLOYEES
WORKING OVERSEAS.

Subsection (a) of section 1101 of the Duncan Hunter National
Defense Authorization Act for Fiscal Year 2009 (Public Law 110–
417; 122 Stat. 4615), as most recently amended by section 1112
of the National Defense Authorization Act for Fiscal Year 2022
(Public Law 117–81; 135 Stat. 1953), is further amended—
(1) by striking ‘‘that is in the area of responsibility’’ and
all that follows through ‘‘United States Africa Command,’’ and
(2) by striking ‘‘through 2022’’ and inserting ‘‘through
2023’’.
SEC. 1103. ONE-YEAR EXTENSION OF TEMPORARY AUTHORITY TO
GRANT ALLOWANCES, BENEFITS, AND GRATUITIES TO
CIVILIAN PERSONNEL ON OFFICIAL DUTY IN A COMBAT
ZONE.

Paragraph (2) of section 1603(a) of the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror,
and Hurricane Recovery, 2006 (Public Law 109–234; 120 Stat. 443),
as added by section 1102 of the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122
Stat. 4616) and as most recently amended by section 1114 of the
National Defense Authorization Act for Fiscal Year 2022 (Public
Law 117–81; 135 Stat. 1954), is further amended by striking ‘‘2023’’
and inserting ‘‘2024’’.
SEC. 1104. STANDARDIZED CREDENTIALS FOR LAW ENFORCEMENT
OFFICERS OF THE DEPARTMENT OF DEFENSE.

(a) STANDARDIZED CREDENTIALS REQUIRED.—Not later than 180
days after the date of the enactment of this Act, the Secretary
of Defense shall ensure that—
(1) the Secretary of each military department develops
standardized credentials for Defense law enforcement officers
under their respective authority;
(2) the Secretary of each military department issues such
credential to each such officer at no cost to such officer; and
(3) any Department of Defense common access card issued
to such an officer clearly identifies the officer as a Defense
law enforcement officer.
(b) DEFENSE LAW ENFORCEMENT OFFICER DEFINED.—In this
section, the term ‘‘Defense law enforcement officer’’ means a member
of the Armed Forces or civilian employee of the Department of
Defense who—
(1) is authorized by law to engage in or supervise the
prevention, detection, investigation, or prosecution of, or the
incarceration of any person for, any violation of law;
(2) has statutory powers of arrest or apprehension under
section 807(b) of title 10, United States Code (article 7(b) of
the Uniform Code of Military Justice); and
(3) is authorized by the Department to carry a firearm.

H. R. 7776—423
SEC. 1105. TEMPORARY EXTENSION OF AUTHORITY TO PROVIDE SECURITY FOR FORMER DEPARTMENT OF DEFENSE OFFICIALS.

During the period beginning on the date of enactment of this
Act and ending on January 1, 2024, subsection (b) of section 714
of title 10, United States Code, shall be applied—
(1) in paragraph (1)(A), by substituting ‘‘a serious and
credible threat’’ for ‘‘an imminent and credible threat’’;
(2) in paragraph (2)(B), by substituting ‘‘three years’’ for
‘‘two years’’; and
(3) in paragraph (6)(A), by substituting—
(A) ‘‘congressional leadership and the congressional
defense committees’’ for ‘‘the congressional defense committees’’; and
(B) by substituting ‘‘the justification for such determination, scope of the protection, and the anticipated cost
and duration of such protection’’ for ‘‘the justification for
such determination’’.
SEC. 1106. ENHANCED PAY AUTHORITY FOR CERTAIN RESEARCH AND
TECHNOLOGY POSITIONS IN SCIENCE AND TECHNOLOGY
REINVENTION LABORATORIES.

(a) IN GENERAL.—Chapter 303 of title 10, United States Code,
is amended by inserting after section 4093 the following new section:
‘‘§ 4094. Enhanced pay authority for certain research and
technology positions in science and technology reinvention laboratories
‘‘(a) IN GENERAL.—The Secretary of Defense may carry out
a program using the pay authority specified in subsection (d) to
fix the rate of basic pay for positions described in subsection (c)
in order to assist the military departments in attracting and
retaining high quality acquisition and technology experts in positions responsible for managing and performing complex, high-cost
research and technology development efforts in the science and
technology reinvention laboratories of the Department of Defense.
‘‘(b) APPROVAL REQUIRED.—The program may be carried out
in a military department only with the approval of the service
acquisition executive of the military department concerned.
‘‘(c) POSITIONS.—The positions described in this subsection are
positions in the science and technology reinvention laboratories
of the Department of Defense that—
‘‘(1) require expertise of an extremely high level in a scientific, technical, professional, or acquisition management field;
and
‘‘(2) are critical to the successful accomplishment of an
important research or technology development mission.
‘‘(d) RATE OF BASIC PAY.—The pay authority specified in this
subsection is authority as follows:
‘‘(1) Authority to fix the rate of basic pay for a position
at a rate not to exceed 150 percent of the rate of basic pay
payable for level I of the Executive Schedule, upon the approval
of the service acquisition executive concerned.
‘‘(2) Authority to fix the rate of basic pay for a position
at a rate in excess of 150 percent of the rate of basic pay
payable for level I of the Executive Schedule, upon the approval
of the Secretary of the military department concerned.

H. R. 7776—424
‘‘(e) LIMITATIONS.—
‘‘(1) IN GENERAL.—The authority in subsection (a) may
be used only to the extent necessary to competitively recruit
or retain individuals exceptionally well qualified for positions
described in subsection (c).
‘‘(2) NUMBER OF POSITIONS.—The authority in subsection
(a) may not be used with respect to more than five positions
in each military department at any one time, unless the Under
Secretary of Defense for Research and Engineering, in concurrence with the Secretaries of the military departments concerned, authorizes the transfer of positions from one military
department to another.
‘‘(3) TERM OF POSITIONS.—The authority in subsection (a)
may be used only for positions having a term of less than
five years.
‘‘(f) SCIENCE AND TECHNOLOGY REINVENTION LABORATORIES OF
THE DEPARTMENT OF DEFENSE DEFINED.—In this section, the term
‘science and technology reinvention laboratories of the Department
of Defense’ means the laboratories designated as science and technology reinvention laboratories by section 4121(b) of this title.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 303 of such title is amended by inserting after
the item relating to section 4093 the following new item:
‘‘4094. Enhanced pay authority for certain research and technology positions in
science and technology reinvention laboratories.’’.

(c) APPLICATION.—This section shall take effect immediately
after section 881 of this Act.
SEC. 1107. FLEXIBLE WORKPLACE PROGRAMS.

Not later than 120 days after the date of the enactment of
this Act, the Secretary of Defense shall promulgate guidance to
the military departments to promote consistency in policies relating
to flexible workplace programs. Such guidance shall address at
a minimum the conditions under which an employee is allowed
to perform all or a portion of assigned duties—
(1) at a telecommuting center established pursuant to
statute; or
(2) through the use of flexible workplace services agreements.
SEC. 1108. ELIGIBILITY OF DEPARTMENT OF DEFENSE EMPLOYEES
IN TIME-LIMITED APPOINTMENTS TO COMPETE FOR
PERMANENT APPOINTMENTS.

Section 3304 of title 5, United States Code, is amended by
adding at the end the following:
‘‘(g) ELIGIBILITY OF DEPARTMENT OF DEFENSE EMPLOYEES IN
TIME-LIMITED APPOINTMENTS TO COMPETE FOR PERMANENT
APPOINTMENTS.—
‘‘(1) DEFINITIONS.—In this subsection—
‘‘(A) the term ‘Department’ means the Department of
Defense; and
‘‘(B) the term ‘time-limited appointment’ means a temporary or term appointment in the competitive service.
‘‘(2) ELIGIBILITY.—Notwithstanding any other provision of
this chapter or any other provision of law relating to the examination, certification, and appointment of individuals in the
competitive service, an employee of the Department serving

H. R. 7776—425
under a time-limited appointment is eligible to compete for
a permanent appointment in the competitive service when the
Department is accepting applications from individuals within
its own workforce, or from individuals outside its own
workforce, under merit promotion procedures, if—
‘‘(A) the employee was appointed initially under open,
competitive examination under subchapter I of this chapter
to the time-limited appointment;
‘‘(B) the employee has served under 1 or more timelimited appointments within the Department for a period
or periods totaling more than 2 years without a break
of 2 or more years; and
‘‘(C) the employee’s performance has been at an acceptable level of performance throughout the period or periods
referred to in subparagraph (B).
‘‘(3) CAREER-CONDITIONAL STATUS; COMPETITIVE STATUS.—
An individual appointed to a permanent position under this
section—
‘‘(A) becomes a career-conditional employee, unless the
employee has otherwise completed the service requirements
for career tenure; and
‘‘(B) acquires competitive status upon appointment.
‘‘(4) FORMER EMPLOYEES.—If the Department is accepting
applications as described in paragraph (2), a former employee
of the Department who served under a time-limited appointment and who otherwise meets the requirements of this section
shall be eligible to compete for a permanent position in the
competitive service under this section if—
‘‘(A) the employee applies for a position covered by
this section not later than 2 years after the most recent
date of separation; and
‘‘(B) the employee’s most recent separation was for
reasons other than misconduct or performance.
‘‘(5) REGULATIONS.—The Office of Personnel Management
shall prescribe regulations necessary for the administration
of this subsection.’’.
SEC. 1109. MODIFICATION TO PERSONNEL MANAGEMENT AUTHORITY
TO ATTRACT EXPERTS IN SCIENCE AND ENGINEERING.

Section 4092 of title 10, united states code, is amended—
(1) in subsection (a)(8), in the second sentence, by striking
‘‘December 31, 2025’’ and inserting ‘‘December 31, 2030’’;
(2) in subsection (b)—
(A) in paragraph (1)(H)—
(i) by striking ‘‘10 positions’’ and inserting ‘‘15
positions’’; and
(ii) by striking ‘‘3 such positions’’ and inserting
‘‘5 such positions’’; and
(B) in paragraph (2)(A)—
(i) in the matter preceding clause (i), by striking
‘‘paragraph (1)(B)’’ and inserting ‘‘subparagraphs (B)
and (H) of paragraph (1)’’;
(ii) in clause (i)—
(I) by striking ‘‘to any of’’ and inserting ‘‘to
any of the’’; and

H. R. 7776—426
(II) by inserting ‘‘and any of the 5 positions
designated by the Director of the Space Development Agency’’ after ‘‘Projects Agency’’; and
(iii) in clause (ii), by striking ‘‘the Director’’ and
inserting ‘‘the Director of the Defense Advanced
Research Projects Agency or the Director of the Space
Development Agency’’; and
(3) in subsection (c)(2), by inserting ‘‘the Space Development
Agency,’’ after ‘‘Intelligence Center,’’.
SEC. 1110. MODIFICATION AND EXTENSION OF PILOT PROGRAM ON
DYNAMIC SHAPING OF THE WORKFORCE TO IMPROVE
THE TECHNICAL SKILLS AND EXPERTISE AT CERTAIN
DEPARTMENT OF DEFENSE LABORATORIES.

(a) REPEAL OF OBSOLETE PROVISION.—Section 1109(b)(1) of the
National Defense Authorization Act for Fiscal Year 2016 (Public
Law 114–92) is amended by striking subparagraph (D).
(b) EXTENSION OF AUTHORITY.—Section 1109(d)(1) of such Act
is amended by striking ‘‘December 31, 2023’’ and inserting
‘‘December 31, 2027’’.
SEC. 1111. MODIFICATION OF TEMPORARY EXPANSION OF AUTHORITY
FOR NONCOMPETITIVE APPOINTMENTS OF MILITARY
SPOUSES BY FEDERAL AGENCIES.

(a) EXTENSION OF SUNSET.—Subsection (e) of section 573 of
the John S. McCain National Defense Authorization Act for Fiscal
Year 2019 (Public Law 115–232; 5 U.S.C. 3330d note) is amended,
in the matter preceding paragraph (1), by striking ‘‘the date that
is 5 years after the date of the enactment of this Act’’ and inserting
‘‘December 31, 2028’’.
(b) REPEAL OF OPM LIMITATION AND REPORTS.—Subsection (d)
of such section is repealed.
SEC. 1112. MODIFICATION TO PILOT PROGRAM FOR THE TEMPORARY
ASSIGNMENT OF CYBER AND INFORMATION TECHNOLOGY PERSONNEL TO PRIVATE SECTOR ORGANIZATIONS.

Section 1110(d) of the National Defense Authorization Act for
Fiscal Year 2010 (5 U.S.C. 3702 note; Public Law 111–84) is
amended by striking ‘‘September 30, 2022’’ and inserting ‘‘December
31, 2026’’.

TITLE XII—MATTERS RELATING TO
FOREIGN NATIONS
Sec. 1201.
Sec. 1202.
Sec. 1203.
Sec. 1204.
Sec. 1205.
Sec. 1206.
Sec. 1207.

Subtitle A—Assistance and Training
Payment of personnel expenses necessary for participation in training
program conducted by Colombia under the United States-Colombia Action Plan for Regional Security.
Modifications to Reports on Security Cooperation.
Modification of authority for participation in multinational centers of
excellence.
Modification of existing authorities to provide for an Irregular Warfare
Center and a Regional Defense Fellowship Program.
Modification to authority to provide support for conduct of operations.
Extension and modification of authority for reimbursement of certain
coalition nations for support provided to United States military operations.
Modification and extension of authority to support border security operations of certain foreign countries.

H. R. 7776—427
Sec. 1208. Security cooperation programs with foreign partners to advance women,
peace, and security.
Sec. 1209. Review of implementation of prohibition on use of funds for assistance
to units of foreign security forces that have committed a gross violation
of human rights.
Sec. 1210. Independent assessment of United States efforts to train, advise, assist,
and equip the military forces of Somalia.
Sec. 1211. Security cooperation activities at Counter-UAS University.
Sec. 1212. Defense Operational Resilience International Cooperation Pilot Program.
Subtitle B—Matters Relating to Afghanistan and Pakistan
Sec. 1221. Extension of authority for certain payments to redress injury and loss.
Sec. 1222. Additional matters for inclusion in reports on oversight in Afghanistan.
Sec. 1223. Prohibition on transporting currency to the Taliban and the Islamic
Emirate of Afghanistan.
Sec. 1231.
Sec. 1232.
Sec. 1233.
Sec. 1234.
Sec. 1235.
Sec. 1236.
Sec. 1237.
Sec. 1238.
Sec. 1239.
Sec. 1240.

Subtitle C—Matters Relating to Syria, Iraq, and Iran
Modification of annual report on the military capabilities of Iran and
related activities.
Extension of authority to support operations and activities of the Office
of Security Cooperation in Iraq.
Extension of authority to provide assistance to vetted Syrian groups and
individuals.
Extension and modification of authority to provide assistance to counter
the Islamic State of Iraq and Syria.
Prohibition on transfers to Iran.
Report on Islamic Revolutionary Guard Corps-affiliated operatives
abroad.
Assessment of support to Iraqi Security Forces and Kurdish Peshmerga
Forces to counter air and missile threats.
Interagency strategy to disrupt and dismantle narcotics production and
trafficking and affiliated networks linked to the regime of Bashar alAssad in Syria.
Prohibition on transfers to Badr Organization.
Report on United Nations arms embargo on Iran.

Subtitle D—Matters Relating to Russia
Sec. 1241. Modification and extension of Ukraine Security Assistance Initiative.
Sec. 1242. Extension of limitation on military cooperation between the United
States and Russia.
Sec. 1243. Modification to annual report on military and security developments involving the Russian Federation.
Sec. 1244. Temporary authorizations related to Ukraine and other matters.
Sec. 1245. Prohibition on availability of funds relating to sovereignty of the Russian Federation over internationally recognized territory of Ukraine.
Sec. 1246. Report on Department of Defense plan for the provision of short and
medium-term security assistance to Ukraine.
Sec. 1247. Oversight of United States assistance to Ukraine.
Subtitle E—Matters Relating to the Indo-Pacific Region
Sec. 1251. Modification to annual report on military and security developments involving the People’s Republic of China.
Sec. 1252. Modification of Indo-Pacific Maritime Security Initiative to authorize
use of funds for the Coast Guard.
Sec. 1253. Modification of prohibition on participation of the People’s Republic of
China in rim of the Pacific (RIMPAC) naval exercises to include cessation of genocide by China.
Sec. 1254. Extension and modification of Pacific Deterrence Initiative.
Sec. 1255. Extension of authority to transfer funds for Bien Hoa dioxin cleanup.
Sec. 1256. Enhanced indications and warning for deterrence and dissuasion.
Sec. 1257. Prohibition on use of funds to support entertainment projects with ties
to the Government of the People’s Republic of China.
Sec. 1258. Reporting on institutions of higher education domiciled in the People’s
Republic of China that provide support to the People’s Liberation Army.
Sec. 1259. Review of port and port-related infrastructure purchases and investments made by the Government of the People’s Republic of China and
entities directed or backed by the Government of the People’s Republic
of China.
Sec. 1260. Enhancing major defense partnership with India.
Sec. 1261. Pilot program to develop young civilian defense leaders in the Indo-Pacific region.

H. R. 7776—428
Sec. 1262. Report on bilateral agreements supporting United States military posture in the Indo-Pacific region.
Sec. 1263. Statement of policy on Taiwan.
Sec. 1264. Sense of congress on joint exercises with Taiwan.
Sec. 1265. Sense of Congress on defense alliances and partnerships in the IndoPacific region.
Subtitle F—Other Matters
Sec. 1271. North Atlantic Treaty Organization Special Operations Headquarters.
Sec. 1272. Sense of Congress on NATO and United States defense posture in Europe.
Sec. 1273. Report on Fifth Fleet capabilities upgrades.
Sec. 1274. Report on use of social media by foreign terrorist organizations.
Sec. 1275. Report and feasibility study on collaboration to meet shared national security interests in East Africa.
Sec. 1276. Assessment of challenges to implementation of the partnership among
Australia, the United Kingdom, and the United States.
Sec. 1277. Modification and extension of United States-Israel cooperation to
counter unmanned aerial systems.
Sec. 1278. Sense of Congress and briefing on multinational force and observers.
Sec. 1279. Briefing on Department of Defense program to protect United States
students against foreign agents.

Subtitle A—Assistance and Training
SEC. 1201. PAYMENT OF PERSONNEL EXPENSES NECESSARY FOR
PARTICIPATION IN TRAINING PROGRAM CONDUCTED BY
COLOMBIA UNDER THE UNITED STATES-COLOMBIA
ACTION PLAN FOR REGIONAL SECURITY.

(a) IN GENERAL.—Subchapter IV of chapter 16 of title 10,
United States Code, is amended by adding at the end the following:
‘‘§ 335. Payment of personnel expenses necessary for participation in training program conducted by Colombia
under the United States-Colombia Action Plan for
Regional Security
‘‘(a) AUTHORITY.—The Secretary of Defense may pay the
expendable training supplies, travel, subsistence, and similar personnel expenses of, and special compensation for, the following
that the Secretary considers necessary for participation in the
training program conducted by Colombia under the United StatesColombia Action Plan for Regional Security:
‘‘(1) Defense personnel of friendly foreign governments.
‘‘(2) With the concurrence of the Secretary of State, other
personnel of friendly foreign governments and nongovernmental
personnel.
‘‘(b) LIMITATION.—
‘‘(1) IN GENERAL.—Except as provided in paragraph (2),
the authority provided in subsection (a) may only be used
for the payment of such expenses of, and special compensation
for, such personnel from developing countries.
‘‘(2) EXCEPTION.— The Secretary may authorize the payment of such expenses of, and special compensation for, such
personnel from a country other than a developing country if
the Secretary determines that such payment is—
‘‘(A) necessary to respond to extraordinary circumstances; and
‘‘(B) in the national security interest of the United
States.’’.

H. R. 7776—429
(b) CONFORMING AMENDMENT.—The table of sections at the
beginning of subchapter IV of chapter 16 of title 10, United States
Code, is amended by adding at the end the following new item:
‘‘335. Payment of personnel expenses necessary for participation in training program
conducted by Colombia under the United States-Colombia Action Plan
for Regional Security.’’.
SEC. 1202. MODIFICATIONS TO REPORTS ON SECURITY COOPERATION.

(a) SUPPORT TO FRIENDLY FOREIGN COUNTRIES FOR CONDUCT
OPERATIONS.—Section 331(d)(2) of title 10, United States Code,
is amended—
(1) by redesignating subparagraph (E) as subparagraph
(F); and
(2) by inserting after subparagraph (D) the following new
subparagraph:
‘‘(E) A description of each entity with which the
applicable friendly foreign country is engaged in hostilities
and whether each such entity is covered by an authorization for the use of military force.’’.
(b) DEFENSE INSTITUTION CAPACITY BUILDING.—Section
332(b)(2) of title 10, United States Code, is amended—
(1) by striking ‘‘quarter’’ each place it appears; and
(2) by striking ‘‘Each fiscal year’’ and inserting ‘‘Not later
than February 1 of each year’’.
(c) AUTHORITY TO BUILD CAPACITY OF FOREIGN FORCES.—Section 333(f) of title 10, United States Code, is amended—
(1) in the heading, by striking ‘‘QUARTERLY’’ and inserting
‘‘SEMI-ANNUAL’’;
(2) in the matter preceding paragraph (1)—
(A) by striking ‘‘a quarterly’’ and inserting ‘‘a semiannual’’; and
(B) by striking ‘‘calendar quarter’’ and inserting ‘‘180
days’’.
(d) ANNUAL REPORT ON SECURITY COOPERATION ACTIVITIES.—
Section 386 of title 10, United States Code, is amended to read
as follows:
‘‘§ 386. Annual report
‘‘(a) ANNUAL REPORT REQUIRED.—Not later than March 31 of
each year, the Secretary of Defense shall submit to the appropriate
congressional committees a report that sets forth, on a countryby-country basis, an overview of security cooperation activities carried out by the Department of Defense during the fiscal year in
which such report is submitted, using the authorities specified
in subsection (b).
‘‘(b) ELEMENTS OF REPORT.—Each report required under subsection (a) shall include, with respect to each country and for
the entirety of the period covered by such report, the following:
‘‘(1) A narrative summary that provides—
‘‘(A) a brief overview of the primary security cooperation objectives for the activities encompassed by the report;
and
‘‘(B) a description of how such activities advance the
theater security cooperation strategy of the relevant
geographic combatant command.
‘‘(2) A table that includes an aggregated amount with
respect to each of the following:

H. R. 7776—430
‘‘(A) With respect to amounts made available for section
332(a) of this title, the Department of Defense cost to
provide any Department personnel as advisors to a ministry
of defense.
‘‘(B) With respect to amounts made available for section
332(b) of this title, the Department of Defense incremental
execution costs to conduct activities under such section.
‘‘(C) With respect to section 333 of this title, the value
of all programs for which notice is required by such section.
‘‘(D) With respect to section 335 of this title, the total
Department of Defense costs to fund expenses to attend
training provided by the Government of Colombia that
began during the period of the report.
‘‘(E) With respect to amounts made available for section
341 of this title, the Department of Defense manpower
and travel costs to conduct bi-lateral state partnership
program engagements with the partner country.
‘‘(F) With respect to amounts made available for section
342 of this title, the Department of Defense-funded, foreignpartner travel costs to attend a regional center activity
that began during the period of the report.
‘‘(G) With respect to amounts made available for section
345 of this title, the estimated Department of Defense
execution cost to complete all training that began during
the period of the report.
‘‘(H) With respect to amounts made available for section 2561 of this title, the planned execution cost of completing humanitarian assistance activities for the partner
country that were approved for the period of the report.
‘‘(3) A table that includes aggregated totals for each of
the following:
‘‘(A) Pursuant to section 311 of this title, the number
of personnel from a partner country assigned to a Department of Defense organization.
‘‘(B) Pursuant to section 332(a) of this title, the number
of Department of Defense personnel assigned as advisors
to a ministry of defense.
‘‘(C) Pursuant to section 332(b) of this title, the number
of activities conducted by the Department of Defense.
‘‘(D) The number of new programs carried out during
the period of the report that required notice under section
333 of this title.
‘‘(E) With respect to section 335 of this title, the
number of partner country officials who participated in
training provided by the Government of Colombia that
began during the period of the report.
‘‘(F) With respect to section 341 of this title, the number
of Department of Defense bilateral state partnership program engagements with the partner country that began
during the period of the report.
‘‘(G) With respect to section 342 of this title, the
number of partner country officials who participated in
regional center activity that began during the period of
the report.
‘‘(H) Pursuant to the authorities under sections 343,
345, 348, 349, 350 and 352 of this title, the total number

H. R. 7776—431
of partner country personnel who began training during
the period of the report.
‘‘(I) Pursuant to section 347 of this title, the number
of cadets from the partner country that were enrolled in
the Service Academies during the period of the report.
‘‘(J) Pursuant to amounts made available to carry out
section 2561 of this title, the number of new humanitarian
assistance projects funded through the Overseas Humanitarian Disaster and Civic Aid account that were approved
during the period of the required report.
‘‘(4) A table that includes the following:
‘‘(A) For each person from the partner country assigned
to a Department of Defense organization pursuant to section 311 of this title—
‘‘(i) whether the person is a member of the armed
forces or a civilian;
‘‘(ii) the rank of the person (if applicable); and
‘‘(iii) the component of the Department of Defense
and location to which such person is assigned.
‘‘(B) With respect to each civilian employee of the
Department of Defense or member of the armed forces
that was assigned, pursuant to section 332(a) of this title,
as an advisor to a ministry of defense during the period
of the report, a description of the object of the Department
of Defense for such support and the name of the ministry
or regional organization to which the employee or member
was assigned.
‘‘(C) With respect to each activity commenced under
section 332(b) of this title during the period of the report—
‘‘(i) the name of the supported ministry or regional
organization;
‘‘(ii) the component of the Department of Defense
that conducted the activity;
‘‘(iii) the duration of the activity; and
‘‘(iv) a description of the objective of the activity.
‘‘(D) For each program that required notice to Congress
under section 333 of this title during the period of the
report—
‘‘(i) the units of the national security forces of
the foreign country to which assistance was provided;
‘‘(ii) the type of operation capability assisted;
‘‘(iii) a description of the nature of the assistance
being provided; and
‘‘(iv) the estimated cost included in the notice provided for such assistance.
‘‘(E) With respect to each Government of Colombia
training activity which included Department of Defense
funded participants under section 335 of this title that
commenced during the period of the report—
‘‘(i) the units of the defense personnel of the
friendly foreign country to which the Department of
Defense funded assistance was provided;
‘‘(ii) the units of the Government of Colombia that
conducted the training activity;
‘‘(iii) the duration of the training activity provided
by the Government of Colombia;

H. R. 7776—432
‘‘(iv) a description of the objective of the training
activity provided by the Government of Colombia.
‘‘(F) With respect to each activity commenced under
section 341 of this title during the period of the report—
‘‘(i) a description of the activity;
‘‘(ii) the duration of the activity;
‘‘(iii) the number of participating members of the
National Guard; and
‘‘(iv) the number of participating personnel of foreign country.
‘‘(G) With respect to each activity of a Regional Center
for Security Studies commenced under section 342 of this
title during the period of the report—
‘‘(i) a description of the activity;
‘‘(ii) the name of the Regional Center that sponsored the activity;
‘‘(iii) the location and duration of the training;
and
‘‘(iv) the number of officials from the foreign
country who participated the activity.
‘‘(H) With respect to each training event that commenced under sections 343, 345, 348, 349, 350, or 352
of this title during the period of the report—
‘‘(i) a description of the training;
‘‘(ii) the location and duration of the training; and
‘‘(iii) the number of personnel of the foreign country
trained.
‘‘(I) With respect to each new project approved under
section 2561 of this title during the period of the report
and funded through the Overseas Humanitarian Disaster
and Civic Aid account—
‘‘(i) the title of the project;
‘‘(ii) a description of the assistance to be provided;
and
‘‘(iii) the anticipated costs to provide such assistance.’’.
(e) APPLICABILITY OF AMENDMENT TO ANNUAL REPORT REQUIREMENTS.—With respect to a report that was required to be submitted
under section 386 of title 10, United States Code, prior to the
date of the enactment of this Act, that has not been submitted
as of such date and relates to a year preceding fiscal year 2023,
such a report may be submitted in accordance with—
(1) the requirements of such section 386 as amended by
subsection (d); or
(2) the requirements of such section 386 as in effect on
the day before the date of the enactment of this Act.
SEC. 1203. MODIFICATION OF AUTHORITY FOR PARTICIPATION IN
MULTINATIONAL CENTERS OF EXCELLENCE.

Section 344(f) of title 10, United States Code, is amended—
(1) in paragraph (1)(D), by striking ‘‘and’’ at the end;
(2) in paragraph (2), by striking the period at the end
and inserting ‘‘; and’’; and
(3) by adding at the end the following new paragraph:
‘‘(3) the International Special Training Centre, established
in 1979 and located in Pfullendorf, Germany.’’.

H. R. 7776—433
SEC. 1204. MODIFICATION OF EXISTING AUTHORITIES TO PROVIDE
FOR AN IRREGULAR WARFARE CENTER AND A REGIONAL
DEFENSE FELLOWSHIP PROGRAM.

(a) IN GENERAL.—Section 345 of title 10, United States Code,
is amended—
(1) by amending the section heading to read as follows:
‘‘Irregular Warfare Center and Regional Defense Fellowship Program’’;
(2) in subsection (a)—
(A) in the subsection heading, by striking ‘‘PROGRAM
AUTHORIZED’’ and inserting ‘‘AUTHORITIES’’;
(B) by amending paragraph (1) to read as follows:
‘‘(1) IN GENERAL.—The Secretary of Defense may—
‘‘(A) operate and administer a Center for Strategic
Studies in Irregular Warfare, to be known as the ‘Irregular
Warfare Center’, in accordance with the requirements
described in subsection (c); and
‘‘(B) carry out a program, to be known as the ‘Regional
Defense Fellowship Program’, to provide for the education
and training of foreign personnel described in paragraph
(2) at military or civilian educational institutions, the Irregular Warfare Center, regional centers, conferences, seminars, or other training programs conducted for purposes
of regional defense in connection with irregular warfare
or combating terrorism.’’;
(C) by striking paragraphs (2) and (3); and
(D) by inserting after paragraph (1) (as amended) the
following:
‘‘(2) COVERED COSTS.—The Secretary may pay the following
costs associated with exercising the authorities under this section:
‘‘(A) Costs of travel, subsistence, and similar personnel
expenses of, and special compensation for—
‘‘(i) defense personnel of friendly foreign governments to attend activities of the Irregular Warfare
Center or attend the Regional Defense Fellowship Program;
‘‘(ii) with the concurrence of the Secretary of State,
other personnel of friendly foreign governments and
non-governmental personnel to attend activities of the
Irregular Warfare Center or attend the Regional
Defense Fellowship Program; and
‘‘(iii) foreign personnel and United States Government personnel necessary for the administration and
execution of the authorities under this section.
‘‘(B) Costs associated with the administration and operation of the Irregular Warfare Center, including costs associated with—
‘‘(i) research, communication, the exchange of
ideas, curriculum development and review, and
training of military and civilian participants of the
United States and other countries, as the Secretary
considers necessary; and
‘‘(ii) maintaining an international network of irregular warfare policymakers and practitioners to achieve
the objectives of the Department of Defense and the
Department of State.

H. R. 7776—434
‘‘(C) Costs associated with strategic engagement with
alumni of the Regional Defense Fellowship Program to
address Department of Defense objectives and planning
on irregular warfare and combating terrorism topics.’’;
(3) in subsection (b)—
(A) in the subsection heading, by striking ‘‘REGULATIONS’’
and inserting ‘‘REGULATIONS FOR REGIONAL
DEFENSE FELLOWSHIP PROGRAM’’; and
(B) in paragraph (1), by striking ‘‘The program authorized by subsection (a)’’ and inserting ‘‘The authorities
granted to the Secretary of Defense under subsection
(a)(1)(B)’’;
(4) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively;
(5) by inserting after subsection (b) the following:
‘‘(c) IRREGULAR WARFARE CENTER.—
‘‘(1) MISSION.—The mission of the Irregular Warfare Center
shall be to serve as a central mechanism for developing the
irregular warfare knowledge of the Department of Defense and
advancing the understanding of irregular warfare concepts and
doctrine, in collaboration with key partners and allies, by—
‘‘(A) coordinating and aligning Department education
curricula, standards, and objectives related to irregular
warfare;
‘‘(B) facilitating research on irregular warfare, strategic
competition, and the role of the Department in supporting
interagency activities relating to irregular warfare;
‘‘(C) engaging and coordinating with Federal departments and agencies and with academia, nongovernmental
organizations, civil society, and international partners to
discuss and coordinate efforts on security challenges in
irregular warfare;
‘‘(D) developing curriculum and conducting training
and education of military and civilian participants of the
United States and other countries, as determined by the
Secretary of Defense; and
‘‘(E) serving as a coordinating body and central repository for irregular warfare resources, including educational
activities and programs, and lessons learned across components of the Department.
‘‘(2) EMPLOYMENT AND COMPENSATION OF FACULTY.—With
respect to the Irregular Warfare Center—
‘‘(A) the Secretary of Defense may, subject to the availability of appropriations, employ a Director, a Deputy
Director, and such civilians as professors, instructors, and
lecturers, as the Secretary considers necessary; and
‘‘(B) compensation of individuals employed under this
section shall be as prescribed by the Secretary.
‘‘(3) PARTNERSHIP WITH INSTITUTION OF HIGHER EDUCATION.—
‘‘(A) IN GENERAL.—In operating the Irregular Warfare
Center, to promote integration throughout the United
States Government and civil society across the full spectrum of irregular warfare competition and conflict challenges, the Secretary of Defense may partner with an
institution of higher education (as such term is defined

H. R. 7776—435
in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001)).
‘‘(B) TYPES OF PARTNERSHIPS.—The Secretary may
establish a partnership under subparagraph (A) by—
‘‘(i) entering into an intergovernmental support
agreement pursuant to section 2679 of this title; or
‘‘(ii) entering into a contract or cooperative agreement or awarding a grant through the Defense Security
Cooperation University.
‘‘(C) DETERMINATION REQUIRED.—The Secretary of
Defense shall make a determination with respect to the
desirability of partnering with an institution of higher education in a Government-owned, contractor-operated partnership, such as the partnership structure used by the
Department of Defense for University Affiliated Research
Centers, for meeting the mission requirements of the Irregular Warfare Center.
‘‘(4) ROLES AND RESPONSIBILITIES.—The Secretary of
Defense shall prescribe guidance for the roles and responsibilities of the relevant components of the Department of Defense
in the administration, operation, and oversight of the Irregular
Warfare Center, which shall include the roles and responsibilities of the following:
‘‘(A) The Under Secretary of Defense for Policy and
the Assistant Secretary of Defense for Special Operations
and Low Intensity Conflict in policy oversight and governance structure of the Center.
‘‘(B) The Director of the Defense Security Cooperation
Agency, as the Executive Agent in support of the operation
of the Center.
‘‘(C) Any other official of the Department of Defense,
as determined by the Secretary.’’;
(6) in subsection (d) (as redesignated), by striking ‘‘subsection (a)’’ each place it appears and inserting ‘‘subsection
(a)(1)(B)’’;
(7) in subsection (e) (as redesignated)—
(A) in paragraph (3), by striking ‘‘subsection (a)’’ and
inserting ‘‘subsection (a)(1)(B)’’; and
(B) by adding at the end the following:
‘‘(6) A discussion of how the training from the previous
year incorporated lessons learned from ongoing conflicts.’’; and
(8) by inserting after subsection (e) (as redesignated) the
following:
‘‘(f) ANNUAL REVIEW OF IRREGULAR WARFARE CENTER.—Not
later than December 1, 2024, and annually thereafter, the Secretary
of Defense—
‘‘(1) shall conduct a review of the structure and activities
of the Irregular Warfare Center to determine whether such
structure and activities are appropriately aligned with the strategic priorities of the Department of Defense and the applicable
combatant commands; and
‘‘(2) may, after an annual review under paragraph (1),
revise the relevant structure and activities so as to more appropriately align such structure and activities with the strategic
priorities and combatant commands.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the beginning of subchapter V of chapter 16 of title 10, United States Code,

H. R. 7776—436
is amended by striking the item relating to section 345 and inserting
the following:
‘‘345. Irregular Warfare Center and Regional Defense Fellowship Program.’’.

(c) REPEAL OF TREATMENT AS REGIONAL CENTER FOR SECURITY
STUDIES.—Section 1299L(b) of the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021 (Public
Law 116–283; 134 Stat. 4012; 10 U.S.C. 342 note) is amended—
(1) by striking paragraph (2); and
(2) by redesignating paragraphs (3) and (4) as paragraphs
(2) and (3), respectively.
(d) SENSE OF CONGRESS.—It is the sense of Congress that
a Center for Security Studies in Irregular Warfare established
under section 345 of title 10, United States Code, as amended
by subsection (a), should be known as the ‘‘John S. McCain III
Center for Security Studies in Irregular Warfare’’.
(e) PLAN FOR IRREGULAR WARFARE CENTER.—
(1) IN GENERAL.—Not later than 180 days after the date
of the enactment of this Act, the Secretary of Defense shall
submit to the Committee on Armed Services of the Senate
and the Committee on Armed Services of the House of Representatives a plan for establishing the structure, operations,
and administration of the Irregular Warfare Center described
in section 345(a)(1) of title 10, United States Code, as amended
by subsection (a)(2)(B).
(2) ELEMENTS.—The plan required by paragraph (1) shall
include—
(A) a timeline and milestones for the establishment
of the Irregular Warfare Center; and
(B) steps to enter into partnerships and resource agreements with academic institutions of the Department of
Defense or other academic institutions, including any
agreement for hosting or operating the Irregular Warfare
Center.
SEC. 1205. MODIFICATION TO AUTHORITY TO PROVIDE SUPPORT FOR
CONDUCT OF OPERATIONS.

Notwithstanding subsection (g)(1) of section 331 of title 10,
United States Code, the aggregate value of all logistic support,
supplies, and services provided under paragraphs (1), (4), and (5)
of subsection (c) of such section 331 in each of fiscal years 2023
and 2024 may not exceed $950,000,000.
SEC. 1206. EXTENSION AND MODIFICATION OF AUTHORITY FOR
REIMBURSEMENT OF CERTAIN COALITION NATIONS FOR
SUPPORT PROVIDED TO UNITED STATES MILITARY OPERATIONS.

Section 1233 of the National Defense Authorization Act for
Fiscal Year 2008 (Public Law 110–181; 122 Stat. 393) is amended—
(1) in subsection (a), by striking ‘‘for the period beginning
on October 1, 2021, and ending on December 31, 2022’’ and
inserting ‘‘for the period beginning on October 1, 2022, and
ending on December 31, 2023’’; and
(2) in subsection (d)—
(A) by striking ‘‘during the period beginning on October
1, 2021, and ending on December 31, 2022’’ and inserting
‘‘during the period beginning on October 1, 2022, and
ending on December 31, 2023’’; and

H. R. 7776—437
(B) by striking
‘‘$30,000,000’’.

‘‘$60,000,000’’

and

inserting

SEC. 1207. MODIFICATION AND EXTENSION OF AUTHORITY TO SUPPORT BORDER SECURITY OPERATIONS OF CERTAIN FOREIGN COUNTRIES.

(a) MODIFICATION.—Subsection (e) of section 1226 of the
National Defense Authorization Act for Fiscal Year 2016 (Public
Law 114–92; 129 Stat. 1056; 22 U.S.C. 2151 note) is amended
by striking paragraph (4).
(b) EXTENSION.—Subsection (h) of such section is amended by
striking ‘‘December 31, 2023’’ and inserting ‘‘December 31, 2025’’.
SEC. 1208. SECURITY COOPERATION PROGRAMS WITH FOREIGN PARTNERS TO ADVANCE WOMEN, PEACE, AND SECURITY.

(a) IN GENERAL.—During fiscal years 2023 through 2025, the
Secretary of Defense, in coordination with the Secretary of State,
may conduct or support security cooperation programs and activities
involving the national military forces or national-level security
forces of a foreign country, or other covered personnel, to advise,
train, and educate such forces or personnel with respect to—
(1) the recruitment, employment, development, retention,
promotion, and meaningful participation in decisionmaking of
women;
(2) sexual harassment, sexual assault, domestic abuse, and
other forms of violence that disproportionately impact women;
(3) the requirements of women, including providing appropriate equipment and facilities; and
(4) the implementation of activities described in this subsection, including the integration of such activities into securitysector policy, planning, exercises, and training, as appropriate.
(b) ANNUAL REPORT.—Not later than 90 days after the end
of each of fiscal years 2023 through 2025, the Secretary of Defense
shall submit to the congressional defense committees a report
detailing the assistance provided under this section and specifying
the recipients of such assistance.
(c) OTHER COVERED PERSONNEL DEFINED.—In this section, the
term ‘‘other covered personnel’’ means personnel of the ministry
of defense or other governmental entity carrying out similar functions of a foreign country.
SEC. 1209. REVIEW OF IMPLEMENTATION OF PROHIBITION ON USE
OF FUNDS FOR ASSISTANCE TO UNITS OF FOREIGN SECURITY FORCES THAT HAVE COMMITTED A GROSS VIOLATION OF HUMAN RIGHTS.

(a) SENSE OF CONGRESS.—It is the sense of Congress that
the promotion of human rights is a critical element of Department
of Defense security cooperation programs and activities that
advance United States national security interests and values.
(b) REVIEW.—
(1) IN GENERAL.—Not later than 60 days after the date
of the enactment of this Act, the Secretary of Defense, in
consultation with the commanders of the geographic combatant
commands, shall initiate a review of the policies, guidance,
and processes for Department of Defense-wide implementation
of section 362 of title 10, United States Code.
(2) ELEMENTS.—The review required by paragraph (1) shall
include an assessment of the following:

H. R. 7776—438
(A) The standards and procedures by which the Secretary, before making a decision to provide assistance to
a unit of a foreign security force under section 362 of
title 10, United States Code, gives full consideration to
credible information that the unit has committed a gross
violation of human rights, including credible information
available to the Department of State relating to human
rights violations by such unit.
(B) The roles and responsibilities of Department of
Defense components in implementing such section,
including the Under Secretary of Defense for Policy, the
Deputy Assistant Secretary of Defense for Global Partnerships, the geographic combatant commands, and the Office
of the General Counsel, and whether such components
are adequately funded, resourced, and manned to carry
out their respective roles and responsibilities.
(C) The standards and procedures by which the Secretary implements the exception under subsection (b) of
such section based on a determination that all necessary
corrective steps have been taken.
(D) The standards and procedures by which the Secretary exercises the waiver authority under subsection (c)
of such section based on a determination that a waiver
is required by extraordinary circumstances.
(E) The policies, standards, and processes for the
remediation of units of foreign security forces described
in such section and resumption of assistance consistent
with such section, and the effectiveness of such remediation
process.
(F) The process by which the Secretary determines
whether a unit of a foreign security force designated to
receive training, equipment, or other assistance under such
section is new or fundamentally different from its predecessor for which there was determined to be credible
information that the unit had committed a gross violation
of human rights.
(c) REPORTS.—
(1) FINDINGS OF REVIEW.—Not later than 180 days after
the date of the enactment of this Act, the Secretary shall
submit to the congressional defense committees a report on
the findings of the review conducted under subsection (b) that
includes any recommendations or corrective actions necessary
with respect to the policies, guidance, and processes for Department of Defense-wide implementation of section 362 of title
10, United States Code.
(2) REMEDIATION PROCESS.—
(A) IN GENERAL.—Not later than 180 days after the
date of the enactment of this Act, and every 180 days
thereafter through fiscal year 2025, the Secretary shall
submit to the appropriate committees of Congress a report
on the remediation process under section 362 of title 10,
United States Code, and resumption of assistance consistent with such section.
(B) ELEMENTS.—Each report required by subparagraph
(A) shall include the following:

H. R. 7776—439
(i) An identification of the units of foreign security
forces that currently have been determined under section 362 of title 10, United States Code, to be ineligible
to receive Department of Defense training, equipment,
or other assistance.
(ii) With respect to each unit identified under
clause (i), the date on which such determination was
made.
(iii) The number of requests submitted by
geographic combatant commands for review by a
remediation review panel with respect to resumption
of assistance to a unit of a foreign security force that
has been denied assistance under such section,
disaggregated by geographic combatant command.
(iv) For the preceding reporting period, the number
of—
(I) remediation review panels convened; and
(II) cases resolved.
(C) APPROPRIATE COMMITTEES OF CONGRESS DEFINED.—
In this paragraph, the term ‘‘appropriate committees of
Congress’’ means—
(i) the Committee on Armed Services, the Committee on Foreign Relations, and the Committee on
Appropriations of the Senate; and
(ii) the Committee on Armed Services, the Committee on Foreign Affairs, and the Committee on
Appropriations of the House of Representatives.
SEC. 1210. INDEPENDENT ASSESSMENT OF UNITED STATES EFFORTS
TO TRAIN, ADVISE, ASSIST, AND EQUIP THE MILITARY
FORCES OF SOMALIA.

(a) IN GENERAL.—The Secretary of Defense shall provide for
an independent assessment of Department of Defense efforts to
train, advise, assist, and equip the military forces of Somalia.
(b) CONDUCT OF ASSESSMENT.—To conduct the assessment
required by subsection (a), the Secretary shall select—
(1) a federally funded research and development center;
or
(2) an independent, nongovernmental institute described
in section 501(c)(3) of the Internal Revenue Code of 1986 and
exempt from tax under section 501(a) of such Code that has
recognized credentials and expertise in national security and
military affairs appropriate for the assessment.
(c) ELEMENTS.—The assessment required by subsection (a) shall
include an assessment of the following:
(1) The evolution of United States approaches to training,
advising, assisting, and equipping the military forces of
Somalia.
(2) The extent to which—
(A) the Department has an established plan, with
objectives and milestones, for the effort to train, advise,
assist, and equip such forces;
(B) advisory efforts are meeting objectives, including
whether and the manner in which—
(i) advisors track the operational effectiveness of
such forces; and

H. R. 7776—440
(ii) any such data informs future training and
advisory efforts;
(C) the Department sufficiently engages, collaborates,
and deconflicts with—
(i) other Federal departments and agencies that
conduct assistance and advisory engagements with
such forces; and
(ii) international and multilateral entities that conduct assistance and advisory engagements with such
forces; and
(D) the Department has established and enforced a
policy, processes, and procedures for accountability relating
to equipment provided by the United States to such forces.
(3) Factors that have hindered, or may in the future hinder,
the development of professional, sustainable, and capable such
forces.
(4) With respect to the effort to train, advise, assist, and
equip such forces, the extent to which the December 2020
decision to reduce and reposition outside Somalia the majority
of the members of the United States Armed Forces assigned
to carry out the effort has impacted the effectiveness of the
effort.
(d) REPORT.—Not later than December 31, 2023, the entity
selected to conduct the assessment required by subsection (a) shall
submit to the Secretary and the congressional defense committees
a report containing the findings of the assessment.
(e) FUNDING.—Of the amounts authorized to be appropriated
for fiscal year 2023 and available for operation and maintenance
for Defense-wide activities, up to $1,000,000 shall be made available
for the assessment required by subsection (a).
SEC. 1211. SECURITY COOPERATION ACTIVITIES AT COUNTER-UAS
UNIVERSITY.

Not later than 90 days after the date of the enactment of
this Act, the Secretary of Defense shall brief the Committee on
Armed Services of the Senate and the Committee on Armed Services
of the House of Representatives on how the Department of Defense
intends to bolster security cooperation activities with allies and
partners at the C-UAS University, including an identification of
any shortfalls in resourcing or gaps in authorities that could inhibit
these security cooperation efforts.
SEC. 1212. DEFENSE OPERATIONAL RESILIENCE INTERNATIONAL
COOPERATION PILOT PROGRAM.

(a) ESTABLISHMENT.—The Secretary of Defense, in consultation
with the Secretary of State and in coordination with the commanders of the geographic combatant commands, may establish
a pilot program, to be known as the ‘‘Defense Operational Resilience
International Cooperation Pilot Program’’ (in this section referred
to as the ‘‘pilot program’’) to support engagement with military
forces of partner countries on defense-related environmental and
operational energy issues in support of the theater campaign plans
of the geographic combatant commands.
(b) DURATION.—The Secretary of Defense may carry out the
pilot program during the period beginning on the date of the enactment of this Act and ending on December 31, 2025.
(c) LIMITATIONS.—

H. R. 7776—441
(1) PURPOSES.—The pilot program shall be limited to the
following purposes:
(A) To build military-to-military relationships in support of the efforts of the Department of Defense to engage
in long-term strategic competition.
(B) To sustain the mission capability and forward posture of the Armed Forces of the United States.
(C) To enhance the capability, capacity, and resilience
of the military forces of partner countries.
(2) PROHIBITED ASSISTANCE.—The Secretary may not use
the pilot program to provide assistance that is in violation
of section 362 of title 10, United States Code, or otherwise
prohibited by law.
(3) SECURITY COOPERATION.—The Secretary shall plan and
prioritize assistance, training, and exercises with partner countries pursuant to the pilot program in a manner that is consistent with applicable guidance relating to security cooperation
program and activities of the Department of Defense.
(d) FUNDING.—Of amounts authorized to be appropriated by
this Act for each of fiscal years 2023 through 2025 and available
for operation and maintenance, the Secretary may make available
$10,000,000 to support the pilot program, which shall be allocated
in accordance with the priorities of the commanders of the
geographic combatant commands.
(e) ANNUAL REPORT.—
(1) IN GENERAL.—With respect to each year the Secretary
carries out the pilot program, the Secretary shall submit to
the congressional defense committees a report on obligations
and expenditures made to carry out the pilot program during
the fiscal year that precedes the year during which each such
report is submitted.
(2) DEADLINE.—The Secretary shall submit each such
report not later than March 1 of each year during which the
Secretary has authority to carry out the pilot program.
(3) ELEMENTS.—Each such report shall include the following:
(A) An accounting of each obligation and expenditure
made to carry out the pilot program, disaggregated, where
applicable, by partner country and military force of a
partner country.
(B) An explanation of the manner in which each such
obligation or expenditure—
(i) supports the national defense of the United
States; and
(ii) is in accordance with limitations described in
subsection (c).
(C) Any other matter the Secretary determines to be
relevant.
(f) TEMPORARY CESSATION OF AUTHORIZATION.—No funds
authorized to be appropriated or otherwise made available for any
of fiscal years 2023 through 2025 for the Department of Defense
may be made available for the ‘‘Defense Environmental International Cooperation Program’’. During the period specified in subsection (b), all activities and functions of the ‘‘Defense Environmental International Cooperation Program’’ may only be carried
out under the pilot program.

H. R. 7776—442

Subtitle B—Matters Relating to
Afghanistan and Pakistan
SEC. 1221. EXTENSION OF AUTHORITY FOR CERTAIN PAYMENTS TO
REDRESS INJURY AND LOSS.

Section 1213(a) of the National Defense Authorization Act for
Fiscal Year 2020 (10 U.S.C. 2731 note) is amended by striking
‘‘December 31, 2023’’ and inserting ‘‘December 31, 2033’’.
SEC. 1222. ADDITIONAL MATTERS FOR INCLUSION IN REPORTS ON
OVERSIGHT IN AFGHANISTAN.

Section 1069(a) of the National Defense Authorization Act for
Fiscal Year 2022 (Public Law 117–81; 135 Stat. 1912) is amended—
(1) by redesignating paragraphs (9) through (16) as paragraphs (14) through (21), respectively;
(2) by inserting after paragraph (8) the following new paragraphs:
‘‘(9) An assessment of the status of—
‘‘(A) defense intelligence assets dedicated to Afghanistan and used by the Department of Defense, including
the types and amounts of intelligence, surveillance, and
reconnaissance coverage over Afghanistan during the
period covered by the report; and
‘‘(B) the ability of the United States to detect emerging
threats emanating from Afghanistan against the United
States, its allies, and its partners.
‘‘(10) An assessment of local or indigenous counterterrorism
partners of the Department of Defense.
‘‘(11) An assessment of risks to the mission and risks
to United States military personnel involved in over-the-horizon
counterterrorism operations.
‘‘(12) An update on Department of Defense efforts to secure
new basing or access agreements with countries in Central
Asia.
‘‘(13) An update on the policy guidance for counterterrorism
operations of the Department of Defense in Afghanistan.’’; and
(3) in paragraph (18), as so redesignated, by striking
‘‘Afganistan’’ and inserting ‘‘Afghanistan’’.
SEC. 1223. PROHIBITION ON TRANSPORTING CURRENCY TO THE
TALIBAN AND THE ISLAMIC EMIRATE OF AFGHANISTAN.

None of the amounts authorized to be appropriated by this
Act or otherwise made available to the Department of Defense
may be made available for the operation of any aircraft of the
Department of Defense to transport currency or other items of
value to the Taliban, the Islamic Emirate of Afghanistan, or any
subsidiary, agent, or instrumentality of either the Taliban or the
Islamic Emirate of Afghanistan.

H. R. 7776—443

Subtitle C—Matters Relating to Syria, Iraq,
and Iran
SEC. 1231. MODIFICATION OF ANNUAL REPORT ON THE MILITARY
CAPABILITIES OF IRAN AND RELATED ACTIVITIES.

Section 1245(b)(3) of the National Defense Authorization Act
for Fiscal Year 2010 (Public Law 111–84) is amended—
(1) in subparagraph (B), by striking ‘‘and regional militant
groups’’ and all that follows and inserting ‘‘, regional militant
groups, and Iranian-linked proxy groups, in particular those
forces as having been assessed as to be willing to carry out
terrorist operations on behalf of Iran or in response to a military
attack by another country on Iran;’’;
(2) by redesignating subparagraphs (C) through (G) as subparagraphs (E) through (I), respectively;
(3) by inserting after subparagraph (B) the following:
‘‘(C) the types and amount of support to be assessed
under subparagraph (B) shall include support provided to
Lebanese Hezbollah, Hamas, Palestinian Islamic Jihad, the
Popular Front for the Liberation of Palestine, Asa’ib ahl
al-Haq, Harakat Hezbollah al-Nujaba, Kata’ib Sayyid alShuhada, Kata’ib al-Imam Ali, Kata’ib Hezbollah, the Badr
Organization, the Fatemiyoun, the Zainabiyoun, and Ansar
Allah (also known as the ‘Houthis’);
‘‘(D) the threat from Special Groups in Iraq, including
Kata’ib Hezbollah and Asa’ib Ahl al-Haq, to United States
and coalition forces located in Iraq and Syria;’’; and
(4) in subparagraph (I), as redesignated, by striking the
period at the end and inserting ‘‘; and’’; and
(5) by adding at the end the following:
‘‘(J) all formal or informal agreements involving a strategic military or security partnership with the Russian
Federation, the People’s Republic of China, or any proxies
of either such country.’’.
SEC. 1232. EXTENSION OF AUTHORITY TO SUPPORT OPERATIONS AND
ACTIVITIES OF THE OFFICE OF SECURITY COOPERATION
IN IRAQ.

(a) SOURCE OF FUNDS.—Subsection (d) of section 1215 of the
National Defense Authorization Act for Fiscal Year 2012 (Public
Law 114–92; 129 Stat. 1045; 10 U.S.C. 113 note) is amended by
striking ‘‘fiscal year 2022’’ and inserting ‘‘fiscal year 2023’’.
(b) LIMITATION ON AVAILABILITY OF FUNDS.—Of the amounts
authorized to be appropriated by this Act or otherwise made available for fiscal year 2023 for the Office of the Secretary of the
Air Force for travel expenses, not more than 90 percent may be
obligated or expended until the date on which a staffing plan
for the Office of Security Cooperation in Iraq is implemented.
(c) WAIVER.—The Secretary of Defense may waive the restriction on the obligation or expenditure of funds imposed by subsection
(b) if the Secretary of Defense determines that implementation
of such a staffing plan is not feasible and submits to the congressional defense committees, at the time the waiver is invoked, a
notification of the waiver that includes a justification detailing
the reasons for which such a plan cannot be implemented.

H. R. 7776—444
SEC. 1233. EXTENSION OF AUTHORITY TO PROVIDE ASSISTANCE TO
VETTED SYRIAN GROUPS AND INDIVIDUALS.

(a) EXTENSION.—Subsection (a) of section 1209 of the Carl
Levin and Howard P. ‘‘Buck’’ McKeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291; 128 Stat. 3541)
is amended, in the matter preceding paragraph (1), by striking
‘‘December 31, 2022’’ and inserting ‘‘December 31, 2023’’.
(b) LIMITATION ON COST OF CONSTRUCTION AND REPAIR
PROJECTS.—Subsection (l)(3)(D) of such section is amended by
striking ‘‘December 31, 2022’’ and inserting ‘‘December 31, 2023’’.
SEC. 1234. EXTENSION AND MODIFICATION OF AUTHORITY TO PROVIDE ASSISTANCE TO COUNTER THE ISLAMIC STATE OF
IRAQ AND SYRIA.

(a) IN GENERAL.—Subsection (a) of section 1236 of the Carl
Levin and Howard P. ‘‘Buck’’ McKeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291; 128 Stat. 3558)
is amended, in the matter preceding paragraph (1), by striking
‘‘December 31, 2022’’ and inserting ‘‘December 31, 2023’’.
(b) FUNDING.—Subsection (g) of such section is amended—
(1) by striking ‘‘fiscal year 2022’’ and inserting ‘‘fiscal year
2023’’; and
(2) by striking ‘‘$345,000,000’’ and inserting ‘‘$358,000,000’’.
(c) LIMITATION ON COST OF CONSTRUCTION AND REPAIR
PROJECTS.—Subsection (o)(5) of such section is amended by striking
‘‘December 31, 2022’’ and inserting ‘‘December 31, 2023’’.
SEC. 1235. PROHIBITION ON TRANSFERS TO IRAN.

None of the amounts authorized to be appropriated by this
Act or otherwise made available to the Department of Defense
may be made available to transfer or facilitate a transfer of pallets
of currency, currency, or other items of value to the Government
of Iran, any subsidiary of such Government, or any agent or
instrumentality of Iran.
SEC. 1236. REPORT ON ISLAMIC REVOLUTIONARY GUARD CORPSAFFILIATED OPERATIVES ABROAD.

(a) IN GENERAL.—Not later than 180 days after the date of
the enactment of this Act, the Secretary of State, in consultation
with the Secretary of Defense, shall submit to the appropriate
congressional committees a report that includes a detailed description of—
(1) all Islamic Revolutionary Guard Corps-affiliated
operatives serving in diplomatic and consular posts abroad;
and
(2) the ways in which the Department of State and the
Department of Defense are working with partner countries
to inform them of the threat posed by Islamic Revolutionary
Guard Corps-affiliated officials serving in diplomatic and consular roles in third party countries.
(b) FORM.—The report required under subsection (a) shall be
submitted in unclassified form but may contain a classified annex.
(c) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In
this section, the term ‘‘appropriate congressional committees’’
means—
(1) the Committee on Armed Services and the Committee
on Foreign Relations of the Senate; and

H. R. 7776—445
(2) the Committee on Armed Services and the Committee
on Foreign Affairs of the House of Representatives.
SEC. 1237. ASSESSMENT OF SUPPORT TO IRAQI SECURITY FORCES
AND KURDISH PESHMERGA FORCES TO COUNTER AIR
AND MISSILE THREATS.

(a) IN GENERAL.—Not later than April 1, 2023, the Secretary
of Defense shall submit to the congressional defense committees
a report on support to Iraqi Security Forces and Kurdish Peshmerga
Forces to counter air and missile threats.
(b) CONTENTS.—The report submitted under subsection (a) shall
include the following:
(1) An assessment of the threat from missiles, rockets,
and unmanned aerial systems (UAS) to United States and
coalition armed forces located in Iraq, including the Iraqi
Kurdistan Region.
(2) An assessment of the current state of air defense
capabilities of United States and coalition armed forces located
in Iraq, including the Iraqi Kurdistan Region.
(3) Identification of perceived gaps in air defense capabilities of United States and coalition armed forces and the implications for the security of such forces in Iraq, including the
Iraqi Kurdistan Region.
(4) Recommendations for training or equipment needed
to overcome the assessed air defense deficiencies of United
States and coalition armed forces in Iraq, including the Iraqi
Kurdistan Region.
(5) An assessment of the current state of the air defense
capabilities of partner armed forces in Iraq, including the Iraqi
Security Forces and Kurdish Peshmerga Forces.
(6) An assessment of the perceived gaps in air defense
capabilities of partner armed forces in Iraq, including the Iraqi
Security Forces and Kurdish Peshmerga Forces.
(7) An assessment of recommended training and equipment
and available level of equipment to maximize air defense
capabilities of partner armed forces in Iraq, including the Iraqi
Security Forces and Kurdish Peshmerga Forces.
(8) Such other matters as the Secretary considers appropriate.
SEC. 1238. INTERAGENCY STRATEGY TO DISRUPT AND DISMANTLE
NARCOTICS PRODUCTION AND TRAFFICKING AND AFFILIATED NETWORKS LINKED TO THE REGIME OF BASHAR
AL-ASSAD IN SYRIA.

(a) SENSE OF CONGRESS.—It is the sense of Congress that—
(1) the Captagon trade linked to the regime of Bashar
al-Assad in Syria is a transnational security threat; and
(2) the United States should develop and implement an
interagency strategy to deny, degrade, and dismantle Assadlinked narcotics production and trafficking networks.
(b) DEFINED TERM.—In this section, the term ‘‘appropriate
congressional committees’’ means—
(1) the Committee on Armed Services of the Senate;
(2) the Committee on Appropriations of the Senate;
(3) the Committee on the Judiciary of the Senate;
(4) the Committee on Foreign Relations of the Senate;
(5) the Committee on Banking, Housing, and Urban Affairs
of the Senate;

H. R. 7776—446
(6) the Select Committee on Intelligence of the Senate;
(7) the Committee on Armed Services of the House of
Representatives;
(8) the Committee on Appropriations of the House of Representatives;
(9) the Committee on the Judiciary of the House of Representatives;
(10) the Committee on Foreign Affairs of the House of
Representatives;
(11) the Committee on Financial Services of the House
of Representatives; and
(12) the Permanent Select Committee on Intelligence of
the House of Representatives.
(c) STRATEGY REQUIRED.—
(1) IN GENERAL.—Not later than 180 days after the date
of the enactment of this Act, the Secretary of State, in consultation with the Secretary of Defense, the Secretary of the
Treasury, the Administrator of the Drug Enforcement Administration, the Director of National Intelligence, the Director of
the Office of National Drug Control Policy, and the heads
of other appropriate Federal agencies, shall provide a written
strategy (with a classified annex, if necessary), to the appropriate congressional committees for disrupting and dismantling
narcotics production and trafficking and affiliated networks
linked to the regime of Bashar al-Assad in Syria.
(2) CONTENTS.—The strategy required under paragraph (1)
shall include—
(A) a detailed plan for—
(i) targeting, disrupting and degrading networks
that directly and indirectly support the narcotics infrastructure of the Assad regime, particularly through
diplomatic and intelligence support to law enforcement
investigations; and
(ii) building counter-narcotics capacity to partner
countries through assistance and training to law
enforcement services in countries (other than Syria)
that are receiving or transiting large quantities of
Captagon;
(B)(i) the identification of the countries that are
receiving or transiting large shipments of Captagon;
(ii) an assessment of the counter-narcotics capacity
of such countries to interdict or disrupt the smuggling
of Captagon; and
(iii) an assessment of current United States assistance
and training programs to build such capacity in such countries;
(C) the use of sanctions, including sanctions authorized
under section the Caesar Syria Civilian Protection Act
of 2019 (22 U.S.C. 8791 note; title LXXIV of division F
of Public Law 116–92), and associated actions to target
individuals and entities directly or indirectly associated
with the narcotics infrastructure of the Assad regime;
(D) the use of global diplomatic engagements associated
with the economic pressure campaign against the Assad
regime to target its narcotics infrastructure;

H. R. 7776—447
(E) leveraging multilateral institutions and cooperation
with international partners to disrupt the narcotics infrastructure of the Assad regime; and
(F) mobilizing a public communications campaign to
increase awareness of the extent of the connection of the
Assad regime to the illicit narcotics trade.
SEC. 1239. PROHIBITION ON TRANSFERS TO BADR ORGANIZATION.

None of the amounts authorized to be appropriated by this
Act or otherwise made available to the Department of Defense
may be made available, directly or indirectly, to the Badr Organization.
SEC. 1240. REPORT ON UNITED NATIONS ARMS EMBARGO ON IRAN.

Not later than 180 days after the date of the enactment of
this Act, the Secretary of State, in consultation with the Secretary
of Defense, shall submit to the Committees on Armed Services
of the Senate and the House of Representatives, the Committee
on Foreign Relations of the Senate, and the Committee on Foreign
Affairs of the House of Representatives an unclassified report, which
may include a classified annex, that includes—
(1) a detailed assessment of whether and how Iranian
arms proliferation, particularly drone proliferation, has
increased following the expiration of the United Nations arms
embargo on Iran in October 2020; and
(2) a description of the measures that the Departments
of State and Defense are taking to constrain Iran’s ability
to supply, sell, or transfer, directly or indirectly, arms or related
materiel, including spare parts, to include Iranian proliferation
of drones.

Subtitle D—Matters Relating to Russia
SEC. 1241. MODIFICATION AND EXTENSION OF UKRAINE SECURITY
ASSISTANCE INITIATIVE.

(a) AUTHORITY TO PROVIDE ASSISTANCE.—Subsection (a) of section 1250 of the National Defense Authorization Act for Fiscal
Year 2016 (Public Law 114–92; 129 Stat. 1608) is amended to
read as follows:
‘‘(a) AUTHORITY TO PROVIDE ASSISTANCE.—
‘‘(1) IN GENERAL.—Amounts available for a fiscal year under
subsection (f) shall be available to the Secretary of Defense,
with the concurrence of the Secretary of State, to provide,
for the purposes described in paragraph (2), appropriate security assistance and intelligence support, including training,
equipment, and logistics support, supplies and services, salaries
and stipends, and sustainment, to—
‘‘(A) the military and national security forces of
Ukraine; and
‘‘(B) other forces or groups recognized by, and under
the authority of, the Government of Ukraine, including
governmental entities within Ukraine that are engaged
in resisting Russian aggression.
‘‘(2) PURPOSES DESCRIBED.—The purposes described in this
paragraph are as follows:

H. R. 7776—448
‘‘(A) To enhance the capabilities of the military and
other security forces of the Government of Ukraine to
defend against further aggression.
‘‘(B) To assist Ukraine in developing the combat capability to defend its sovereignty and territorial integrity.
‘‘(C) To support the Government of Ukraine in
defending itself against actions by Russia and Russianbacked separatists.’’.
(b) APPROPRIATE SECURITY ASSISTANCE AND INTELLIGENCE SUPPORT.—Subsection (b) of such section is amended in paragraph
(4) to read as follows:
‘‘(4) Manned and unmanned aerial capabilities, including
tactical surveillance systems and fixed and rotary-wing aircraft,
such as attack, strike, airlift, and surveillance aircraft.’’.
(c) AVAILABILITY OF FUNDS.—Subsection (c) of such section is
amended—
(1) in paragraph (1), by striking ‘‘funds available for fiscal
year 2022 pursuant to subsection (f)(7)’’ and inserting ‘‘funds
available for fiscal year 2023 pursuant to subsection (f)(8)’’;
(2) in paragraph (3), by striking ‘‘fiscal year 2022’’ and
inserting ‘‘fiscal year 2023’’;
(3) by striking paragraph (5); and
(4) by adding at the end the following:
‘‘(6) WAIVER OF CERTIFICATION REQUIREMENT.—The Secretary of Defense, with the concurrence of the Secretary of
the State, may waive the certification requirement in paragraph
(2) if the Secretary submits to the congressional defense
committees, the Committee on Foreign Relations of the Senate,
and the Committee on Foreign Affairs of the House of Representatives a written certification, not later than 5 days after
exercising the waiver, that doing so is in the national interest
of the United States due to exigent circumstances caused by
the Russian invasion of Ukraine.’’.
(d) UNITED STATES INVENTORY AND OTHER SOURCES.—Subsection (d) of such section is amended—
(1) in paragraph (1), by inserting ‘‘, and to recover or
dispose of such weapons or other defense articles, or to make
available such weapons or articles to ally and partner governments to replenish comparable stocks which ally or partner
governments have provided to the Government of Ukraine,’’
after ‘‘and defense services’’; and
(2) by adding at the end the following:
‘‘(3) CONGRESSIONAL NOTIFICATION.—Not later than 10 days
before providing replenishment to an ally or partner government pursuant to paragraph (1), the Secretary of Defense shall
transmit to the congressional defense committees, the Committee on Foreign Relations of the Senate, and the Committee
on Foreign Affairs of the House of Representatives a notification
containing the following:
‘‘(A) An identification of the recipient foreign country.
‘‘(B) A detailed description of the articles to be provided, including the dollar value, origin, and capabilities
associated with the articles.
‘‘(C) A detailed description of the articles provided to
Ukraine to be replenished, including the dollar value,
origin, and capabilities associated with the articles.

H. R. 7776—449
‘‘(D) The impact on United States stocks and readiness
of transferring the articles.
‘‘(E) An assessment of any security, intellectual property, or end use monitoring issues associated with transferring the articles.’’.
(e) FUNDING.—Subsection (f) of such section is amended by
adding at the end the following:
‘‘(8) For fiscal year 2023, $800,000,000.’’.
(f) TERMINATION OF AUTHORITY.—Subsection (h) of such section
is amended by striking ‘‘December 31, 2023’’ and inserting
‘‘December 31, 2024’’.
(g) WAIVER OF CERTIFICATION REQUIREMENT.—Such section is
amended—
(1) by redesignating the second subsection (g) as subsection
(i); and
(2) by adding at the end the following:
‘‘(j) EXPEDITED NOTIFICATION REQUIREMENT.—Not later than
15 days before providing assistance or support under subsection
(a), or as far in advance as is practicable if the Secretary of Defense
determines, on a case-by-case basis, that extraordinary circumstances exist that impact the national security of the United
States, the Secretary shall transmit to the congressional defense
committees, the Committee on Foreign Relations of the Senate,
and the Committee on Foreign Affairs of the House of Representatives a notification containing a detailed description of the assistance or support to be provided, including—
‘‘(1) the objectives of such assistance or support;
‘‘(2) the budget for such assistance or support; and
‘‘(3) the expected or estimated timeline for delivery of such
assistance or support.’’.
SEC. 1242. EXTENSION OF LIMITATION ON MILITARY COOPERATION
BETWEEN THE UNITED STATES AND RUSSIA.

Section 1232(a) of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2488), is amended
by striking ‘‘2021, or 2022’’ and inserting ‘‘2021, 2022, 2023, 2024,
2025, 2026, or 2027’’.
SEC. 1243. MODIFICATION TO ANNUAL REPORT ON MILITARY AND
SECURITY DEVELOPMENTS INVOLVING THE RUSSIAN
FEDERATION.

Section 1234 of the National Defense Authorization Act for
Fiscal Year 2021 (Public Law 116–283; 134 Stat. 3936) is amended—
(1) in subsection (b)—
(A) by redesignating paragraph (24) as paragraph (26);
and
(B) by inserting after paragraph (23) the following:
‘‘(24) The impacts of United States sanctions on improvements to the Russian military and its proxies, including an
assessment of the impacts of the maintenance or revocation
of such sanctions.
‘‘(25) A detailed description of—
‘‘(A) how Russian private military companies are being
utilized to advance the political, economic, and military
interests of the Russian Federation;
‘‘(B) the direct or indirect threats Russian private military companies present to United States security interests;
and

H. R. 7776—450
‘‘(C) how sanctions that are currently in place to impede
or deter Russian private military companies from continuing their malign activities have impacted the Russian
private military companies’ behavior.’’; and
(2) in subsection (e)—
(A) in paragraph (1), by inserting ‘‘, the Permanent
Select Committee on Intelligence,’’ after ‘‘the Committee
on Armed Services’’; and
(B) in paragraph (2), by inserting ‘‘, the Select Committee on Intelligence,’’ after ‘‘the Committee on Armed
Services’’.
SEC. 1244. TEMPORARY AUTHORIZATIONS RELATED TO UKRAINE AND
OTHER MATTERS.

(a) TEMPORARY AUTHORIZATIONS FOR COVERED AGREEMENTS
RELATED TO UKRAINE.—
(1) COVERED AGREEMENT DEFINED.—In this subsection, the
term ‘‘covered agreement’’ includes a contract, subcontract,
transaction, or modification of a contract, subcontract, or transaction awarded by the Department of Defense—
(A) to build the stocks of critical munitions and other
defense articles of the Department;
(B) to provide materiel and related services to foreign
allies and partners that have provided support to the
Government of Ukraine; and
(C) to provide materiel and related services to the
Government of Ukraine.
(2) PUBLIC INTEREST.—
(A) IN GENERAL.—A covered agreement may be presumed to be in the public interest for purposes of meeting
the requirements of subsection (a)(7) of section 3204 of
title 10, United States Code.
(B) PROCEDURES.—Notwithstanding the provisions of
subsection (a)(7) of section 3204 of title 10, United States
Code, with respect to a covered agreement—
(i) the head of an agency may delegate the
authority under that subsection to an officer or
employee who—
(I) in the case of an officer or employee who
is a member of the Armed Forces, is serving in
a grade at or above brigadier general or rear
admiral (lower half); or
(II) in the case of a civilian officer or employee,
is serving in a position with a grade under the
General Schedule (or any other schedule for
civilian officers or employees) that is comparable
to or higher than the grade of brigadier general
or rear admiral (lower half); and
(ii) not later than 7 days before using the
applicable procedures under section 3204 of title 10,
United States Code, the head of an agency, or a designee of the head of an agency, shall submit to the
congressional defense committees a written notification
of the use of such procedures.
(C) DOCUMENTATION.—Consistent with paragraph
(4)(C) of subsection (e) of section 3204 of title 10, United
States Code, the documentation otherwise required by

H. R. 7776—451
paragraph (1) of such subsection is not required in the
case of a covered agreement.
(3) PROCUREMENT AUTHORITIES.—The special emergency
procurement authorities provided under subsections (b) and
(c) of section 1903 of title 41, United States Code, may be
used by the Department of Defense for a covered agreement.
(4) UNDEFINITIZED CONTRACTUAL ACTIONS.—The head of
an agency may waive the provisions of subsections (a) and
(c) of section 3372 of title 10, United States Code, for a covered
agreement.
(5) TECHNICAL DATA PACKAGES FOR LARGE-CALIBER
CANNON.—The requirements of section 7542 of title 10, United
States Code, do not apply to the transfer of technical data
to an international partner for the production of large-caliber
cannons produced for—
(A) the replacement of defense articles from stocks
of the Department of Defense provided to the Government
of Ukraine or to foreign countries that have provided support to Ukraine at the request of the United States, or
(B) contracts awarded by the Department of Defense
to provide materiel directly to the Government of Ukraine.
(6) TEMPORARY EXEMPTION FROM CERTIFIED COST AND
PRICING DATA REQUIREMENTS.—
(A) IN GENERAL.—At the Federal Government’s discretion, the requirements under section 3702 of title 10, United
States Code, shall not apply to a covered agreement
awarded on a fixed-price incentive firm target basis, where
target price equals ceiling price, and the Government
underrun share ratio is a minimum of 60 percent with
a cap for the negotiated profit dollars of 15 percent of
target cost.
(B) USE OF EXEMPTION.—The following shall apply to
an exemption under subparagraph (A):
(i) Awarded profit dollars shall be fixed, but the
contractor may ultimately realize a profit rate of higher
than 15 percent by underrunning target costs.
(ii) The target prices negotiated by the Federal
Government shall not exceed the most recent negotiated prices for the same items while allowing for
appropriate adjustments, including those for quantity
differences or relevant, applicable economic indices.
(C) APPLICATION.—An exemption under subparagraph
(A) shall apply to subcontracts under prime contracts that
are exempt under this paragraph.
(7) TERMINATION OF TEMPORARY AUTHORIZATIONS.—The
provisions of this subsection shall terminate on September 30,
2024.
(b) MODIFICATION OF COOPERATIVE LOGISTIC SUPPORT AGREEMENTS: NATO COUNTRIES.—Section 2350d of title 10, United States
Code, is amended—
(1) in the section heading, by striking ‘‘logistic support’’
and inserting ‘‘acquisition and logistics support’’;
(2) in subsection (a)—
(A) in paragraph (1)—
(i) in the matter preceding subparagraph (A), by
striking ‘‘logistics support’’ and inserting ‘‘acquisition
and logistics support’’; and

H. R. 7776—452
(ii) in subparagraph (B), by striking ‘‘logistic support’’ and inserting ‘‘acquisition and logistics support’’;
and
(B) in paragraph (2)(B), by striking ‘‘logistics support’’
and inserting ‘‘armaments and logistics support’’; and
(3) in subsection (b)—
(A) in the matter preceding paragraph (1), by striking
‘‘Partnership Agreement’’ and inserting ‘‘Partnership Agreement or Arrangement’’;
(B) in paragraph (1)—
(i) by striking ‘‘supply and acquisition of logistics
support in Europe for requirements’’ and inserting
‘‘supply, services, support, and acquisition, including
armaments for requirements’’; and
(ii) by striking ‘‘supply and acquisition are appropriate’’ and inserting ‘‘supply, services, support, and
acquisition are appropriate’’; and
(C) in paragraph (2), by striking ‘‘logistics support’’
each place it appears and inserting ‘‘acquisition and logistics support’’.
(c) MULTIYEAR PROCUREMENT AUTHORITY FOR CERTAIN MUNITIONS.—
(1) AUTHORITY FOR MULTIYEAR PROCUREMENT.—Subject to
the provisions of section 3501 of title 10, United States Code,
set forth in paragraph (3), the head of an agency may enter
into one or more multiyear contracts, beginning in fiscal year
2023, for the procurement of up to—
(A) 864,000 XM1128, XM1113, M107, and M795
(155mm rounds);
(B) 12,000 AGM–179 Joint Air-to-Ground Missiles
(JAGM);
(C) 700 M142 High Mobility Artillery Rocket Systems
(HIMARS);
(D) 1,700 MGM–140 Army Tactical Missile Systems
(ATACMS);
(E) 2,600 Harpoons;
(F) 1,250 Naval Strike Missiles;
(G) 106,000 Guided Multiple Launch Rocket Systems
(GMLRS);
(H) 3,850 PATRIOT Advanced Capability–3 (PAC–3)
Missile Segment Enhancement (MSE);
(I) 5,600 FIM–92 Stinger;
(J) 28,300 FGM–148 Javelin;
(K) 5,100 AIM–120 Advanced Medium-Range Air-toAir Missile (AMRAAM);
(L) 2,250,000 Modular Artillery Charge System
(MACS);
(M) 12,050 155m Excalibur M982A1;
(N) 950 Long Range Anti-Ship Missiles (LRASM);
(O) 3,100 Joint Air-to-Surface Standoff Missiles
(JASSM);
(P) 1,500 Standard Missle–6 Missiles (SM–6); and
(Q) 5,100 Sidewinder Missiles (AIM–9X).
(2) PROCUREMENT IN CONJUNCTION WITH EXISTING CONTRACTS.—The systems authorized to be procured under paragraph (1) may be procured as additions to existing contracts
covering such programs.

H. R. 7776—453
(3) LIMITED APPLICABILITY OF OTHER LAW.—In applying
section 3501 of title 10, United States Code, to paragraph
(1), only the following provisions of that section shall apply:
(A) Subsection (f).
(B) Subsection (g), in which the term ‘‘contract
described in subsection (a)’’ shall mean a contract awarded
pursuant to the authority of this subsection.
(C) Subsection (i)(1).
(D) Subsection (l)(3).
(4) AUTHORITY FOR ADVANCE PROCUREMENT.—To the extent
and in such amounts as specifically provided in advance in
appropriations Acts for the purposes described in paragraph
(1), the head of an agency may enter into one or more contracts
for advance procurement associated with a program for which
authorization to enter into a contract is provided under paragraph (1) and for systems and subsystems associated with
such program in economic order quantities when cost savings
are achievable.
(5) CONDITION FOR OUT-YEAR CONTRACT PAYMENTS.—A contract entered into under paragraph (1) shall provide that any
obligation of the United States to make a payment under the
contract for a fiscal year after fiscal year 2023 is subject to
the availability of appropriations for that purpose for such
later fiscal year.
(d) DEFINITION.—In this section, the term ‘‘head of an agency’’
means—
(1) the Secretary of Defense;
(2) the Secretary of the Army;
(3) the Secretary of the Navy; or
(4) the Secretary of the Air Force.
SEC. 1245. PROHIBITION ON AVAILABILITY OF FUNDS RELATING TO
SOVEREIGNTY OF THE RUSSIAN FEDERATION OVER
INTERNATIONALLY
RECOGNIZED
TERRITORY
OF
UKRAINE.

(a) PROHIBITION.—None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year
2023 for the Department of Defense may be obligated or expended
to implement any activity that recognizes the sovereignty of the
Russian Federation over territory internationally recognized to be
the sovereign territory of Ukraine, including Crimea and the territory Russia claims to have annexed in Kherson Oblast, Zaporizhzia
Oblast, Donetsk Oblast, and Luhansk Oblast.
(b) WAIVER.—The Secretary of Defense, with the concurrence
of the Secretary of State, may waive the prohibition under subsection (a) if the Secretary of Defense—
(1) determines that the waiver is in the national security
interest of the United States; and
(2) on the date on which the waiver is invoked, submits
a notification of the waiver and a justification of the reason
for seeking the waiver to—
(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.

H. R. 7776—454
SEC. 1246. REPORT ON DEPARTMENT OF DEFENSE PLAN FOR THE
PROVISION OF SHORT AND MEDIUM-TERM SECURITY
ASSISTANCE TO UKRAINE.

(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 heads of other relevant Federal agencies, shall submit
to the congressional defense committees a report outlining in detail
the plan of the Department of Defense for the provision of security
assistance to the armed forces of Ukraine.
(b) MATTERS TO BE INCLUDED.—The report required by subsection (a) shall include—
(1) primary focus areas for the provision of security assistance to the armed forces of Ukraine by the Department of
Defense, including priority capabilities, the funding streams
used, and a plan to fulfill training, maintenance, and
sustainment requirements associated with such assistance—
(A) over the next 3 to 6 months; and
(B) over the next 12 to 24 months; and
(2) any other matters the Secretary determines appropriate.
SEC. 1247. OVERSIGHT OF UNITED STATES ASSISTANCE TO UKRAINE.

(a) SENSE OF CONGRESS.—It is the sense of Congress that—
(1) continued assistance to Ukraine as it fights against
the unjust and unprovoked attack by Russia is of critical importance to United States national security interests, and oversight
and transparency for such assistance is essential to ensure
effective and sustained support;
(2) the executive branch has established the interagency
Ukraine Oversight Working Group, which focuses on conducting
comprehensive oversight, and issued the interagency U.S. Plan
to Counter Illicit Diversion of Certain Advanced Conventional
Weapons in Eastern Europe, a whole-of-government effort to
advance accountability and end-use monitoring of weapons provided in response to the Ukraine crisis, and continued attention
and regular briefings to relevant congressional oversight
committees on such efforts is imperative;
(3) each United States department and agency providing
or facilitating assistance to Ukraine should continue to implement and institutionalize appropriate transparency, accountability, and end-use monitoring measures, including exploring
creative approaches to overcoming the challenges associated
with delivering assistance during an active armed conflict, as
is detailed in the interagency Plan to Counter Illicit Diversion;
(4) Inspectors General must continue to carry out comprehensive oversight and conduct reviews, audits, investigations, and inspections of United States support and activities
carried out in response to Russia’s further invasion of Ukraine,
and provide regular briefings to the appropriate congressional
committees on their findings;
(5) the United States and its allies and partners should
continue to support Ukrainian anti-corruption institutions and
e-platforms, including the National Agency for Corruption
Prevention, the National Anti-Corruption Bureau of Ukraine,
and the Specialized Anti-Corruption Prosecutor’s Office, in their
work to ensure effective assistance delivery and prevent
incidents of waste, fraud, and abuse; and

H. R. 7776—455
(6) Ukrainian authorities should also continue to establish
new transparency, accountability, and end-use monitoring initiatives both independently and in partnership with relevant
United States departments and agencies and other international partners, and the United States should continue to
work with counterparts in Ukraine and other countries supporting their efforts to further mutual efforts to strengthen
and institutionalize accountability measures and mechanisms.
(b) REPORT.—
(1) IN GENERAL.—Not later than April 1, 2023, the Inspector
General of the Department of Defense, in conjunction with
the Inspector General of the Department of State and the
Inspector General of the United States Agency for International
Development and in consultation with other Inspectors General
as appropriate, shall submit to the appropriate congressional
committees a report on the oversight framework established
with respect to United States assistance to Ukraine.
(2) MATTERS TO BE INCLUDED.—The report required by
this subsection shall include the following:
(A) The framework the relevant Inspectors General
are currently using or plan to adopt to oversee assistance
to Ukraine in the immediate and longer term, including
an identification of the United States departments and
agencies providing or facilitating such assistance.
(B) Whether there are any gaps in oversight over the
activities and funds for assistance to Ukraine.
(C) An assessment of any failures by United States,
bilateral, or multilateral organizations to work with such
Inspectors General in a timely and transparent manner.
(D) A description of the footprint in Europe of such
Inspectors General for purposes of oversight of assistance
to Ukraine, including presence and access in Ukraine.
(E) To the extent practicable and appropriate, a
description of any known incidents of the misuse of assistance to Ukraine, including incidents of waste, fraud, abuse,
diversion, or corruption.
(F) Any lessons learned from the manner in which
oversight over assistance to Ukraine has been conducted.
(G) Any findings or recommendations with respect to
assistance to Ukraine.
(c) DEFINITION.—In this section, the term ‘‘appropriate congressional committees’’ means—
(1) the congressional defense committees; and
(2) the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the
Senate.

Subtitle E—Matters Relating to the IndoPacific Region
SEC. 1251. MODIFICATION TO ANNUAL REPORT ON MILITARY AND
SECURITY DEVELOPMENTS INVOLVING THE PEOPLE’S
REPUBLIC OF CHINA.

Section 1202(b) of the National Defense Authorization Act for
Fiscal Year 2000 (10 U.S.C. 113 note) is amended as follows:
(1) In paragraph (5)—

H. R. 7776—456
(A) in subparagraph (A), by inserting ‘‘special operations,’’ after ‘‘theater-level commands,’’; and
(B) in subparagraph (B), by striking ‘‘A summary’’ and
inserting ‘‘a summary’’.
(2) In paragraph (7)(B)—
(A) in clause (ii), by striking ‘‘and’’ at the end;
(B) in clause (iii), by striking the period at the end
and inserting ‘‘; and’’; and
(C) by adding at the end the following:
‘‘(iv) the Middle East.’’.
(3) In paragraph (8), by adding at the end the following:
‘‘(F) Special operations capabilities.’’.
SEC. 1252. MODIFICATION OF INDO-PACIFIC MARITIME SECURITY INITIATIVE TO AUTHORIZE USE OF FUNDS FOR THE COAST
GUARD.

Section 1263 of the National Defense Authorization Act for
Fiscal Year 2016 (10 U.S.C. 333 note) is amended by striking
subsection (f) and inserting the following new subsection (f):
‘‘(f) AVAILABILITY OF FUNDS FOR COAST GUARD PERSONNEL AND
CAPABILITIES.—The Secretary of Defense may use funds made available under this section to facilitate the participation of Coast Guard
personnel in, and the use of Coast Guard capabilities for, training,
exercises, and other activities with foreign countries under this
section.’’.
SEC. 1253. MODIFICATION OF PROHIBITION ON PARTICIPATION OF
THE PEOPLE’S REPUBLIC OF CHINA IN RIM OF THE
PACIFIC (RIMPAC) NAVAL EXERCISES TO INCLUDE CESSATION OF GENOCIDE BY CHINA.

Section 1259(a)(1) of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (10 U.S.C. 321 note) is
amended—
(1) in subparagraph (B), by striking ‘‘and’’ at the end;
(2) in subparagraph (C), by striking the period at the
end and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(D) ceased committing genocide in China, as articulated in the Department of State’s Country Report on
Human Rights Practices released on April 12, 2022, and
engaged in a credible justice and accountability process
for all victims of such genocide.’’.
SEC. 1254. EXTENSION AND MODIFICATION 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 note) is amended—
(1) by striking ‘‘the National Defense Authorization Act
for Fiscal Year 2022’’ and inserting ‘‘the National Defense
Authorization Act for Fiscal Year 2023’’; and
(2) by striking ‘‘fiscal year 2022’’ and inserting ‘‘fiscal year
2023’’.
(b) REPORT ON RESOURCING UNITED STATES DEFENSE REQUIREMENTS FOR THE INDO-PACIFIC REGION AND STUDY ON COMPETITIVE
STRATEGIES.—Subsection (d)(1) of such section is amended—
(1) in subparagraph (A), by striking ‘‘fiscal years 2023
and 2024’’ and inserting ‘‘fiscal years 2024 and 2025’’; and

H. R. 7776—457
(2) in subparagraph (B)—
(A) in clause (v), by striking ‘‘security cooperation
activities or resources’’ and inserting ‘‘security cooperation
authorities, activities, or resources’’;
(B) in clause (vi)(I)(aa)—
(i) in subitem (AA), by striking ‘‘to modernize and
strengthen the’’ and inserting ‘‘to improve the posture
and’’; and
(ii) in subitem (FF)—
(I) by striking ‘‘to improve’’ and inserting ‘‘to
modernize and improve’’; and
(II) by striking the semicolon at the end and
inserting ‘‘; and’’; and
(C) by adding at the end the following new clause:
‘‘(vii) A budget display, prepared with the assistance of the Under Secretary of Defense (Comptroller),
that compares the independent assessment of the Commander of the United States Indo-Pacific Command
with the amounts contained in the budget display for
the applicable fiscal year under subsection (f).’’.
SEC. 1255. EXTENSION OF AUTHORITY TO TRANSFER FUNDS FOR BIEN
HOA DIOXIN CLEANUP.

Section 1253(b) of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (Public Law 116–
283; 134 Stat. 3955) is amended by striking ‘‘fiscal year 2022’’
and inserting ‘‘fiscal year 2023’’.
SEC. 1256. ENHANCED INDICATIONS AND WARNING FOR DETERRENCE
AND DISSUASION.
AND

(a) ESTABLISHMENT OF PROGRAM FOR ENHANCED INDICATIONS
WARNING.—
(1) AUTHORITY.—The Director of the Defense Intelligence
Agency may establish a program to increase warning time
of potential aggression by adversary nation states, focusing
especially on the United States Indo-Pacific Command and
United States European Command areas of operations.
(2) DESIGNATION.—If the Director establishes the program
under paragraph (1), the program shall be known as the ‘‘Program for Enhanced Indications and Warning’’ (in this section
referred to as the ‘‘Program’’).
(3) PURPOSE.—The purpose of the Program that may be
established under paragraph (1) is to gain increased warning
time to provide time for the Department of Defense to mount
deterrence and dissuasion actions to persuade adversaries to
refrain from aggression, including through potential revelations
or demonstrations of capabilities and actions to create doubt
in the minds of adversary leaders regarding the prospects for
military success.
(b) HEAD OF PROGRAM.—
(1) APPOINTMENT.—If the Director establishes the Program,
the Director shall appoint a defense intelligence officer to serve
as the mission manager for the Program.
(2) DESIGNATION.—The mission manager for the Program
shall be known as the ‘‘Program Manager for Enhanced Indications and Warning’’ (in this section referred to as the ‘‘Program
Manager’’).

H. R. 7776—458
(c) SOURCES OF INFORMATION AND ANALYSIS.—If the Director
establishes the Program, the Program Manager shall ensure that
the Program makes use of all available sources of information,
from public, commercial, and classified sources across the intelligence community and the Department of Defense, and advanced
analytics, including artificial intelligence, to establish a system
capable of discerning deviations from normal patterns of behavior
and activity that may indicate preparations for military actions.
(d) INTEGRATION WITH OTHER PROGRAMS.—
(1) SUPPORT.—If the Director establishes the Program, the
Program shall be supported, as appropriate, by the Chief Digital
and Artificial Intelligence Officer, the Maven project, by
capabilities sponsored by the Office of the Under Secretary
of Defense for Intelligence and Security, and programs already
underway within the Defense Intelligence Agency.
(2) AGREEMENTS.—If the Director establishes the Program,
the Director shall seek to engage in agreements to integrate
information and capabilities from other components of the intelligence community to facilitate the purpose of the Program.
(e) BRIEFINGS.—If the Director establishes the Program, not
later than 180 days after the date of the enactment of this Act
and not less frequently than once each year thereafter through
2027, the Program Manager shall provide the appropriate committees of Congress a briefing on the status of the activities of the
Program.
(f) DEFINITIONS.—In this section:
(1) The term ‘‘appropriate committees of Congress’’ means—
(A) the congressional defense committees; and
(B) the congressional intelligence committees (as
defined in section 3 of the National Security Act of 1947
(50 U.S.C. 3003)).
(2) The term ‘‘intelligence community’’ has the meaning
given such term in section 3 of the National Security Act
of 1947 (50 U.S.C. 3003).
SEC. 1257. PROHIBITION ON USE OF FUNDS TO SUPPORT ENTERTAINMENT PROJECTS WITH TIES TO THE GOVERNMENT OF
THE PEOPLE’S REPUBLIC OF CHINA.

(a) IN GENERAL.—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.
(b) WAIVER.—The Secretary of Defense may waive the prohibition under subsection (a) if the Secretary submits to the Committees
on Armed Services of the Senate and House of Representatives
a written certification that such a waiver is in the national interest
of the United States.
(c) POLICY REQUIRED.—Not later than 180 days after the date
of the enactment of this Act, the Secretary of Defense shall issue
a policy that describes how the Department of Defense will review
requests to provide active or direct support to any film, television,

H. R. 7776—459
or other entertainment project. The policy shall include ways to
assess Chinese influence or potential influence over the content
of a film, television, or other entertainment project, actions the
Department can take to prevent Chinese censorship of a project,
and criteria the Department shall use when evaluating requests
to support a project.
(d) LIMITATION.—Of the amounts authorized to be appropriated
by this Act for the official travel expenses of the Office of the
Secretary of Defense, not more than 95 percent may be obligated
or expended until the policy required by subsection (c) is released
and transmitted to the congressional defense committees.
SEC. 1258. REPORTING ON INSTITUTIONS OF HIGHER EDUCATION
DOMICILED IN THE PEOPLE’S REPUBLIC OF CHINA THAT
PROVIDE SUPPORT TO THE PEOPLE’S LIBERATION ARMY.

(a) DETERMINATION.—
(1) IN GENERAL.—The Secretary of Defense, in consultation
with the Director of National Intelligence, shall identify each
entity that is an institution of higher education domiciled in
the People’s Republic of China that provides material support
to the People’s Liberation Army.
(2) FACTORS.—In making a determination under paragraph
(1) with respect to an entity, the Secretary shall consider the
following factors:
(A) Material support to the implementation of the military-civil fusion strategy of China.
(B) Material relationship with the Chinese State
Administration for Science, Technology, and Industry for
the National Defense.
(D) Funding received from any organization subordinate to the Central Military Commission of the Chinese
Communist Party.
(E) Supporting or enabling relationship with any security, defense, or police forces within the Government of
China or the Chinese Communist Party.
(F) Any other factor the Secretary determines is appropriate.
(b) REPORT.—Not later than September 30, 2023, the Secretary
shall submit to the appropriate congressional committees a list
of each entity identified pursuant to subsection (a) in unclassified
form, with a classified annex, if necessary.
(c) DEFINITIONS.—In this section:
(1) The term ‘‘appropriate congressional committees’’
means—
(A) the Committee on Armed Services and the Select
Committee on Intelligence of the Senate; and
(B) the Committee on Armed Services and the Permanent Select Committee on Intelligence of the House of
Representatives.
(2) The term ‘‘People’s Liberation Army’’ means the land,
naval, and air military services, the People’s Armed Police,
the Strategic Support Force, the Rocket Force, and any other
related security element within the Government of China or
the Chinese Communist Party that the Secretary determines
is appropriate.

H. R. 7776—460
SEC. 1259. REVIEW OF PORT AND PORT-RELATED INFRASTRUCTURE
PURCHASES AND INVESTMENTS MADE BY THE GOVERNMENT OF THE PEOPLE’S REPUBLIC OF CHINA AND ENTITIES DIRECTED OR BACKED BY THE GOVERNMENT OF
THE PEOPLE’S REPUBLIC OF CHINA.

(a) IN GENERAL.—The Secretary of State, in coordination with
the Director of National Intelligence, the Secretary of Defense,
and the head of any other agency the Secretary of State considers
necessary, shall conduct a review of port and port-related infrastructure purchases and investments critical to the interests and national
security of the United States made by—
(1) the Government of the People’s Republic of China;
(2) entities directed or backed by the Government of the
People’s Republic of China; and
(3) entities with beneficial owners that include the Government of the People’s Republic of China or a private company
controlled by the Government of the People’s Republic of China.
(b) ELEMENTS.—The review required by subsection (a) shall
include the following:
(1) A list of port and port-related infrastructure purchases
and investments described in that subsection, prioritized in
order of the purchases or investments that pose the greatest
threat to United States economic, defense, and foreign policy
interests.
(2) An analysis of the effects the consolidation of such
investments, or the assertion of control by the Government
of the People’s Republic of China over entities described in
paragraph (2) or (3) of that subsection, would have on Department of State and Department of Defense contingency plans.
(3) A description of the integration into ports of technologies
developed and produced by the Government of the People’s
Republic of China or entities described in paragraphs (2) or
(3) of that subsection, and the data and cyber security risks
posed by such integration.
(4) A description of past and planned efforts by the Secretary of State and the Secretary of Defense, with the support
of the Director of National Intelligence, to address such purchases, investments, and consolidation of investments or assertion of control.
(c) COORDINATION WITH OTHER FEDERAL AGENCIES.—In conducting the review required by subsection (a), the Secretary of
State may coordinate with the head of any other Federal agency,
as the Secretary considers appropriate.
(d) REPORT.—
(1) IN GENERAL.—Not later than one year after the date
of the enactment of this Act, the Secretary of State shall submit
to the appropriate committees of Congress a report on the
results of the review under subsection (a).
(2) FORM.—The report required by paragraph (1) shall be
submitted in unclassified form, but may contain a classified
annex.
(e) DEFINITIONS.—In this section:
(1) APPROPRIATE COMMITTEES OF CONGRESS.—The term
‘‘appropriate committees of Congress’’ means—
(A) the Committee on Armed Services, the Committee
on Foreign Relations, and the Select Committee on Intelligence of the Senate; and

H. R. 7776—461
(B) the Committee on Armed Services, the Committee
on Foreign Affairs, and the Permanent Select Committee
on Intelligence of the House of Representatives.
(2) PORT.—The term ‘‘port’’ means—
(A) any port—
(i) on the navigable waters of the United States;
or
(ii) that is considered by the Secretary of State
to be critical to United States interests; and
(B) any harbor, marine terminal, or other shoreside
facility used principally for the movement of goods on
inland waters that the Secretary of State considers critical
to United States interests.
(3) PORT-RELATED INFRASTRUCTURE.—The term ‘‘portrelated infrastructure’’ includes—
(A) crane equipment;
(B) logistics, information, and communications systems;
and
(C) any other infrastructure the Secretary of State
considers appropriate.
SEC. 1260. ENHANCING MAJOR DEFENSE PARTNERSHIP WITH INDIA.

(a) IN GENERAL.—Not later than 90 days after the date of
the enactment of this Act, the Secretary of Defense, in consultation
with the Secretary of State, shall direct appropriate personnel
within the Department of Defense to seek to engage appropriate
counterparts within the Ministry of Defence of India for the purpose
of expanding cooperation on emerging technologies, readiness, and
logistics.
(b) TOPICS.—At a minimum, the personnel described in subsection (a) shall seek to engage their counterparts in the Ministry
of Defense of India on the following topics:
(1) Intelligence collection capabilities.
(2) Unmanned aerial vehicles.
(3) Fourth and fifth generation aircraft.
(4) Depot-level maintenance.
(5) Joint research and development.
(6) Fifth generation wireless communication and Open
Radio Access Network technologies.
(7) Defensive cyber capabilities.
(8) Cold-weather capabilities.
(9) Critical and emerging technologies.
(10) Any other matters the Secretary considers relevant.
(c) BRIEFING.—Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall provide a
briefing to the appropriate committees of Congress that includes—
(1) an assessment of the feasibility and advisability of
expanding cooperation with the Ministry of Defence of India
on the topics described in subsection (b);
(2) a description of other opportunities to expand cooperation with the Ministry of Defence of India on topics other
than the topics described in such subsection;
(3) a description of any challenges, including agreements,
authorities, and resourcing, that need to be addressed so as
to expand cooperation with the Ministry of Defence of India
on the topics described in such subsection;

H. R. 7776—462
(4) an articulation of security considerations to ensure the
protection of research and development, intellectual property,
and United States-provided equipment from being stolen or
exploited by adversaries;
(5) an identification of opportunities for academia and private industry to participate in expanded cooperation with the
Ministry of Defence of India;
(6) a discussion of opportunities and challenges related
to reducing India’s reliance on Russian-built weapons and
defense systems; and
(7) any other matter the Secretary considers relevant.
(d) APPROPRIATE COMMITTEES OF CONGRESS DEFINED.—In this
section, the term ‘‘appropriate committees of Congress’’ means—
(1) the Committee on Armed Services, the Committee on
Appropriations, and the Committee on Foreign Relations of
the Senate; and
(2) the Committee on Armed Services, the Committee on
Appropriations, and the Committee on Foreign Affairs of the
House of Representatives.
SEC. 1261. PILOT PROGRAM TO DEVELOP YOUNG CIVILIAN DEFENSE
LEADERS IN THE INDO-PACIFIC REGION.

(a) IN GENERAL.—The Secretary of Defense may establish, using
existing authorities of the Department of Defense, a pilot program
to enhance engagement of the Department with young civilian
defense and security leaders in the Indo-Pacific region.
(b) PURPOSES.—The activities of the pilot program under subsection (a) shall include training of, and engagement with, young
civilian leaders from foreign partner ministries of defense and other
appropriate ministries with a national defense mission in the IndoPacific region for purposes of—
(1) enhancing bilateral and multilateral cooperation
between—
(A) civilian leaders in the Department; and
(B) civilian leaders in foreign partner ministries of
defense; and
(2) building the capacity of young civilian leaders in foreign
partner ministries of defense to promote civilian control of
the military, respect for human rights, and adherence to the
law of armed conflict.
(c) PRIORITY.—In carrying out the pilot program under subsection (a), the Secretary of Defense shall prioritize engagement
with civilian defense leaders from foreign partner ministries of
defense who are 40 years of age or younger.
(d) BRIEFINGS.—
(1) DESIGN OF PILOT PROGRAM.—Not later than June 1,
2023, the Secretary of Defense, in consultation with the Secretary of State, shall provide a briefing to the appropriate
committees of Congress on the design of the pilot program
under subsection (a).
(2) PROGRESS BRIEFING.—Not later than December 31,
2023, and annually thereafter until the date on which the
pilot program terminates under subsection (e), the Secretary
of Defense, in consultation with the Secretary of State, shall
provide a briefing to the appropriate committees of Congress
on the pilot program that includes—

H. R. 7776—463
(A) a description of the activities conducted and the
results of such activities;
(B) an identification of existing authorities used to
carry out the pilot program;
(C) any recommendations related to new authorities
or modifications to existing authorities necessary to more
effectively achieve the objectives of the pilot program; and
(D) any other matter the Secretary of Defense considers
relevant.
(e) TERMINATION.—The pilot program under subsection (a) shall
terminate on December 31, 2026.
(f) APPROPRIATE COMMITTEES OF CONGRESS DEFINED.—In this
section, the term ‘‘appropriate committees of Congress’’ means—
(1) the Committee on Armed Services and the Committee
on Foreign Relations of the Senate; and
(2) the Committee on Armed Services and the Committee
on Foreign Affairs of the House of Representatives.
SEC. 1262. REPORT ON BILATERAL AGREEMENTS SUPPORTING UNITED
STATES MILITARY POSTURE IN THE INDO-PACIFIC
REGION.

(a) REPORT REQUIRED.—Not later than 180 days after the date
of the enactment of this Act, the Secretary of Defense, in coordination with the Secretary of State, shall submit to the appropriate
congressional committees a report on the adequacy of existing
bilateral defense and security agreements between the United
States and foreign governments that support the existing and
planned military posture of the United States in the Indo-Pacific
region.
(b) ELEMENTS.—The report required by subsection (a) shall
include the following:
(1) An accounting of existing bilateral defense and security
agreements that support the military posture of the United
States in the Indo-Pacific region, by country and type.
(2) An articulation of the need for new bilateral defense
and security agreements, by country and type, to support a
more distributed United States military posture in the IndoPacific region, as outlined by the Global Force Posture Review,
including agreements necessary—
(A) to establish new cooperative security locations, forward operating locations, and other locations in support
of distributed operations; and
(B) to enable exercises and a more rotational force
presence.
(3) A description of the relative priority of the agreements
articulated under paragraph (2).
(4) Any specific request, financial or otherwise, made by
a foreign government or a Federal agency other than the
Department of Defense that complicates the completion of such
agreements.
(5) A description of Department activities planned for the
current and subsequent fiscal year that are intended to contribute to the completion of such agreements.
(6) A description of the manner in which the necessity
for such agreements is communicated to, and coordinated with,
the Secretary of State.

H. R. 7776—464
(7) Any other matter the Secretary of Defense considers
relevant.
(c) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In
this section, the term ‘‘appropriate congressional committees’’
means—
(1) the Committee on Armed Services, the Committee on
Foreign Relations, and the Committee on Appropriations of
the Senate; and
(2) the Committee on Armed Services, the Committee on
Foreign Affairs, and the Committee on Appropriations of the
House of Representatives.
SEC. 1263. STATEMENT OF POLICY ON TAIWAN.

(a) STATEMENT OF POLICY.—Consistent with the Taiwan Relations Act (22 U.S.C. 3301 et. seq.), it shall be the policy of the
United States to maintain the capacity of the United States to
resist a fait accompli that would jeopardize the security of the
people on Taiwan.
(b) FAIT ACCOMPLI DEFINED.—In this section, the term ‘‘fait
accompli’’ refers to the resort to force by the People’s Republic
of China to invade and seize control of Taiwan before the United
States can respond effectively.
SEC. 1264. SENSE OF CONGRESS ON JOINT EXERCISES WITH TAIWAN.

It is the sense of Congress that—
(1) joint military exercises with Taiwan are an important
component of improving military readiness;
(2) the Commander of United States Indo-Pacific Command
possesses the authority to carry out such joint military exercises, including those that—
(A) involve multiple warfare domains and exercise
secure communications between the forces of the United
States, Taiwan, and other foreign partners;
(B) incorporate the participation of multiple combatant
and subordinate unified commands; and
(C) present complex military challenges, including the
multi-domain capabilities of a capable adversary;
(3) the United States should seek to use existing authorities
more effectively to improve the readiness of the military forces
of the United States and Taiwan; and
(4) the naval forces of Taiwan should be invited to participate in the Rim of the Pacific exercise, as appropriate, conducted in 2024.
SEC. 1265. SENSE OF CONGRESS ON DEFENSE ALLIANCES AND PARTNERSHIPS IN THE INDO-PACIFIC REGION.

It is the sense of Congress that the Secretary of Defense should
continue efforts that strengthen United States defense alliances
and partnerships in the Indo-Pacific region so as to further the
comparative advantage of the United States in strategic competition
with the People’s Republic of China, including by—
(1) enhancing cooperation with Japan, consistent with the
Treaty of Mutual Cooperation and Security Between the United
States of America and Japan, signed at Washington, January
19, 1960, including by developing advanced military capabilities, fostering interoperability across all domains, and
improving sharing of information and intelligence;

H. R. 7776—465
(2) reinforcing the United States alliance with the Republic
of Korea, including by maintaining the presence of approximately 28,500 members of the United States Armed Forces
deployed to the country and affirming the United States
commitment to extended deterrence using the full range of
United States defense capabilities, consistent with the Mutual
Defense Treaty Between the United States and the Republic
of Korea, signed at Washington, October 1, 1953, in support
of the shared objective of a peaceful and stable Korean Peninsula;
(3) fostering bilateral and multilateral cooperation with
Australia, consistent with the Security Treaty Between Australia, New Zealand, and the United States of America, signed
at San Francisco, September 1, 1951, and through the partnership among Australia, the United Kingdom, and the United
States (commonly known as ‘‘AUKUS’’)—
(A) to advance shared security objectives;
(B) to accelerate the fielding of advanced military
capabilities; and
(C) to build the capacity of emerging partners;
(4) advancing United States alliances with the Philippines
and Thailand and United States partnerships with other partners in the Association of Southeast Asian Nations to enhance
maritime domain awareness, promote sovereignty and territorial integrity, leverage technology and promote innovation,
and support an open, inclusive, and rules-based regional
architecture;
(5) broadening United States engagement with India,
including through the Quadrilateral Security Dialogue—
(A) to advance the shared objective of a free and open
Indo-Pacific region through bilateral and multilateral
engagements and participation in military exercises,
expanded defense trade, and collaboration on humanitarian
aid and disaster response; and
(B) to enable greater cooperation on maritime security
and the threat of global pandemics, including COVID–
19;
(6) strengthening the United States partnership with
Taiwan, consistent with the Three Communiques, the Taiwan
Relations Act (Public Law 96–8; 22 U.S.C. 3301 et seq.), and
the Six Assurances, with the goal of improving Taiwan’s defensive military capabilities and promoting peaceful cross-strait
relations;
(7) reinforcing the status of the Republic of Singapore as
a Major Security Cooperation Partner of the United States
and continuing to strengthen defense and security cooperation
between the military forces of the Republic of Singapore and
the Armed Forces of the United States, including through
participation in combined exercises and training;
(8) engaging with the Federated States of Micronesia, the
Republic of the Marshall Islands, the Republic of Palau, and
other Pacific Island countries, with the goal of strengthening
regional security and addressing issues of mutual concern,
including protecting fisheries from illegal, unreported, and
unregulated fishing;
(9) collaborating with Canada, the United Kingdom,
France, and other members of the European Union and the

H. R. 7776—466
North Atlantic Treaty Organization to build connectivity and
advance a shared vision for the region that is principled, longterm, 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, identified by the Department of Defense as its priority theater, 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 IndoPacific region.

Subtitle F—Other Matters
SEC. 1271. NORTH ATLANTIC TREATY ORGANIZATION SPECIAL OPERATIONS HEADQUARTERS.

(a) IN GENERAL.—Subchapter II of chapter 138 of title 10,
United States Code, is amended by adding at the end the following
new section 2350r:
‘‘§ 2350r. North Atlantic Treaty Organization Special Operations Headquarters
UTHORIZATION
.—Of the amounts authorized to be appro‘‘(a) A
priated for each fiscal year for operation and maintenance for
the Army, the Secretary of Defense is authorized to use up to
$50,000,000, to be derived from amounts made available for support
of North Atlantic Treaty Organization (referred to in this section
as ‘NATO’) operations, for each such fiscal year for the purposes
set forth in subsection (b).
‘‘(b) PURPOSES.—The Secretary shall provide funds for the
NATO Special Operations Headquarters—
‘‘(1) to improve coordination and cooperation between the
special operations forces of NATO countries and countries
approved by the North Atlantic Council as NATO partners;
‘‘(2) to facilitate joint operations by the special operations
forces of NATO countries and such NATO partners;
‘‘(3) to support special operations forces peculiar command,
control, and communications capabilities;
‘‘(4) to promote special operations forces intelligence and
informational requirements within the NATO structure; and
‘‘(5) to promote interoperability through the development
of common equipment standards, tactics, techniques, and procedures, and through execution of a multinational education and
training program.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the beginning of subchapter II of chapter 138 of title 10, United States
Code, is amended by adding at the end the following new item:
‘‘2350r. North Atlantic Treaty Organization Special Operations Headquarters.’’.

(c) REPEAL.—Section 1244 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2541)
is repealed.
SEC. 1272. SENSE OF CONGRESS ON NATO AND UNITED STATES
DEFENSE POSTURE IN EUROPE.

It is the sense of Congress as follows:

H. R. 7776—467
(1) The Russian Federation’s further invasion of Ukraine
poses a grave threat to United States security and interests
around the globe and to the rules-based international order,
including the North Atlantic Treaty Organization (NATO).
(2) The Russian Federation has demonstrated a complete
disregard for the safety of civilians during its unlawful and
unprovoked invasion of Ukraine, which has involved indiscriminate bombing of civilian areas and executions of noncombatants.
(3) The United States stands with the people of Ukraine
and condemns the heinous acts committed by the Russian Federation against them, and Congress strongly supports continued
assistance to Ukraine to sustain its ability to repel Russian
invasion forces and continue to retake its sovereign territory.
(4) NATO remains the strongest and most successful military alliance in the world, founded on a commitment by its
members to uphold the principles of democracy, individual liberty, and the rule of law. The NATO alliance has grown more
robust and more united in response to Russia’s 2022 further
invasion of Ukraine, as allies have enhanced their deterrence
and defense posture, and continued to send military aid to
bolster Ukraine’s defenses.
(5) The United States—
(A) strongly supports the path of Sweden and Finland
toward NATO membership, as evidenced by the overwhelming bipartisan Senate vote providing advice and consent to the ratification of the Protocols of the North Atlantic
Treaty of 1949 on the Accession of the Republic of Finland
and the Kingdom of Sweden;
(B) urges all NATO allies who have not ratified their
accession to do so as soon as possible;
(C) reaffirms its ironclad commitment to NATO as
the foundation of transatlantic security and to upholding
its obligations under the North Atlantic Treaty, including
Article 5; and
(D) encourages NATO members to move swiftly to meet
their commitments made at the June 2022 NATO Summit
to expand NATO’s multinational battle groups and enhance
military posture on NATO’s eastern flank, and to urgently
continue progress on meeting their Wales Pledge commitments, capability targets, contributions to NATO missions
and operations, and resilience commitments.
(6) America’s European allies and partners have—
(A) made significant contributions to Ukraine’s defense
against the Russian invasion, including critical military,
economic, and humanitarian aid, sanctions, and export controls, to erode Russia’s ability to sustain its aggression;
and
(B) welcomed millions of Ukrainian refugees forced
to flee their homeland.
(7) The United States must continue to work with these
allies and partners to sustain this support, to collectively reconstitute weapons stocks, and to maintain unified resolve to
reduce threats to critical infrastructure ranging from Russia’s
weaponization of energy to China’s predatory investments in
transportation and telecommunications infrastructure.
(8) The United States should develop and implement a
long-term plan to adapt United States posture in Europe to

H. R. 7776—468
the altered threat environment. The elevated United States
posture currently in Europe is crucial in the current threat
environment, and the United States posture changes announced
during the June 2022 NATO Summit are important steps,
including the establishment of the first permanently stationed
headquarters in Poland, the commitment to maintain a rotational brigade combat team and headquarters in Romania,
enhanced rotations to the Baltic countries, and the forwardstationing of two additional destroyers in Rota, Spain.
(9) European Deterrence Initiative (EDI) investments have
proven crucial to United States and NATO abilities to rapidly
reinforce the European theater leading up to and during Russia’s further invasion of Ukraine. The United States should
continue robust investments through EDI, including further
enhancing United States posture in Europe and maintaining
a committed schedule of exercises with allies.
(10) The Black Sea is critical to United States interests
and to the security of NATO in the region, given Russia’s
unprovoked and unjustified war in Ukraine and Russia’s
attempts to directly intimidate, coerce, and otherwise influence
countries in this region. These allies’ and partners’ security
will have major consequences for broader European security
and collective efforts to enhance Black Sea countries’ defense
and resilience capabilities are essential. In addition, the United
States and NATO should consider adopting robust intergovernmental and interagency strategies for the Black Sea, to facilitate further collaboration among all countries in the region.
(11) Estonia, Latvia, and Lithuania play a critical role
in strategic efforts to continue to deter Russia.
(12) The United States should continue to pursue efforts
consistent with the comprehensive, multilateral Baltic Defense
Assessment conducted by the Department of Defense. Robust
support to accomplish United States strategic objectives,
including by providing continued assistance to the Baltic countries through security cooperation, including cooperation
referred to as the Baltic Security Initiative pursuant to sections
332 and 333 of title 10, United States Code, should continue
to be prioritized in the years to come. Specifically, such assistance should include the continuation of—
(A) enhancements to critical capabilities that will
strengthen Baltic security as well as strengthen NATO’s
deterrence and defense posture, including integrated air
and missile defense, maritime domain awareness, longrange precision fires, and command and control;
(B) efforts to enhance interoperability among Estonia,
Latvia, and Lithuania and with NATO;
(C) infrastructure and other host-country support
improvements that will enhance United States and allied
military mobility across the region;
(D) efforts to improve resilience to hybrid and cyber
threats in Estonia, Latvia, and Lithuania; and
(E) support for planning and budgeting efforts of
Estonia, Latvia, and Lithuania that are regionally synchronized.
(13) It is in the United States interest to support efforts
to enhance security and stability in the Western Balkans. The
United States should continue its efforts to work with Western

H. R. 7776—469
Balkans allies and partners to build interoperability and support institutional reforms. The United States should also support those countries’ efforts to resist disinformation campaigns,
predatory investments, and other means by which Russia and
China may seek to influence this region.
(14) The United States should continue to work closely
with European allies and partners to counter growing malign
activities by the People’s Republic of China across Europe,
in the Indo-Pacific, and beyond.
SEC. 1273. REPORT ON FIFTH FLEET CAPABILITIES UPGRADES.

(a) IN GENERAL.—Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall submit
to the congressional defense committees a report on—
(1) capabilities upgrades necessary to enable the Fifth Fleet
to address emerging threats in its area of responsibility; and
(2) any costs associated with such upgrades.
(b) ELEMENTS.—The report required by subsection (a) shall
include the following:
(1) An assessment of seaborne threats posed by Iran, and
groups linked to Iran, to the military forces of United States
allies and partners operating in the waters in and around
the broader Middle East.
(2) A description of any capabilities upgrades necessary
to enable the Fifth Fleet to address such threats.
(3) An estimate of the costs associated with any such
upgrades.
(4) A description of any United States plan to deepen
cooperation with other member countries of the Combined Maritime Forces at the strategic, policy, and functional levels for
the purpose of addressing such threats, including by—
(A) enhancing coordination on defense planning;
(B) improving intelligence sharing; and
(C) deepening maritime interoperability.
(c) BROADER MIDDLE EAST DEFINED.—In this section, the term
‘‘broader Middle East’’ means—
(1) the land around the southern and eastern shores of
the Mediterranean Sea;
(2) the Arabian Peninsula;
(3) Iran; and
(4) North Africa.
SEC. 1274. REPORT ON USE OF SOCIAL MEDIA BY FOREIGN TERRORIST
ORGANIZATIONS.

(a) REPORT.—Not later than one year after the date of the
enactment of this Act, the Director of National Intelligence, in
coordination with the Secretary of State and the Secretary of
Defense, shall submit to the appropriate congressional committees
a report on—
(1) the use of online social media platforms by entities
designated as foreign terrorist organizations by the Secretary
of State for recruitment, fundraising, and the dissemination
of information; and
(2) the threat posed to the national security of the United
States by the online radicalization of terrorists and violent
extremists with ties to foreign governments or elements thereof,
foreign organizations, or foreign persons, or international terrorist activities.

H. R. 7776—470
(b) APPROPRIATE CONGRESSIONAL COMMITTEES.—In this section,
the term ‘‘appropriate congressional committees’’ means—
(1) the Committee on Armed Services, the Committee on
Foreign Affairs, and the Permanent Select Committee on Intelligence of the House of Representatives; and
(2) the Committee on Armed Services, the Committee on
Foreign Relations, and the Select Committee on Intelligence
of the Senate.
SEC. 1275. REPORT AND FEASIBILITY STUDY ON COLLABORATION TO
MEET SHARED NATIONAL SECURITY INTERESTS IN EAST
AFRICA.
IN

(a) REPORT ON FOREIGN ASSISTANCE AND OTHER ACTIVITIES
SOMALILAND.—
(1) DEFINED TERM.—In this subsection, the term ‘‘appropriate congressional committees’’ means—
(A) the Committee on Foreign Relations of the Senate;
and
(B) the Committee on Foreign Affairs of the House
of Representatives.
(2) REPORT.—
(A) IN GENERAL.—Not later than September 30, 2023,
and annually thereafter until the date that is 5 years
after the date of the enactment of this Act, the Secretary
of State, in consultation with the Administrator of the
United States Agency for International Development, shall
submit to the appropriate congressional committees a
report that, with respect to the most recently concluded
12-month period—
(i) describes assistance provided by the Department of State and the United States Agency for International Development to Somaliland, including—
(I) the value of such assistance (in United
States dollars);
(II) the source from which such assistance was
funded;
(III) the names of the programs through which
such assistance was administered;
(IV) the implementing partners through which
such assistance was provided;
(V) the sponsoring bureau of the Department
of State or the United States Agency for International Development; and
(VI) if the assistance broadly targeted the Federal Republic of Somalia, the portion of such assistance that was—
(aa) explicitly intended to support
Somaliland; and
(bb) ultimately employed in Somaliland;
(ii) details the staffing and responsibilities of the
Department of State and the United States Agency
for International Development supporting foreign
assistance, diplomatic engagement, and security initiatives in Somaliland, including the location of such personnel (duty station) and their corresponding bureau;
(iii) provides—

H. R. 7776—471
(I) a detailed account of travel to Somaliland
by employees of the Department of State and the
United States Agency for International Development, if any, including the position, duty station,
and trip purpose for each such trip; or
(II) the justification for not traveling to
Somaliland if no such personnel traveled during
the reporting period; and
(iv) if the Department of State has provided
training to security forces of the Federal Member
States (FMS), and Somaliland, including—
(I) where such training has occurred;
(II) the extent to which FMS and Somaliland
security forces have demonstrated the ability to
absorb previous training; and
(III) the ability of FMS and Somaliland security forces to maintain and appropriately utilize
such training, as applicable.
(B) FORM.—The report required under subparagraph
(A) shall be submitted in unclassified form, but may contain
a classified annex.
(b) FEASIBILITY STUDY.—
(1) DEFINED TERM.—In this subsection, the term ‘‘appropriate congressional committees’’ means—
(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) FEASIBILITY STUDY.—The Secretary of State, in consultation with the Secretary of Defense, shall conduct a feasibility
study that—
(A) determines whether opportunities exist for greater
collaboration in the pursuit of United States national security interests in the Horn of Africa, the Gulf of Aden,
and the Indo-Pacific region with the Federal Government
of Somalia and Somaliland; and
(B) identifies the practicability and advisability of
improving the professionalization and capacity of security
sector actors within the Federal Member States (FMS)
and Somaliland.
(3) REPORT TO CONGRESS.—Not later than June 15, 2023,
the Secretary of State, in consultation with the Secretary of
Defense and the heads of other relevant Federal departments
and agencies, shall submit a classified report to the appropriate
congressional committees that contains the results of the feasibility study required under paragraph (2).
(c) RULE OF CONSTRUCTION.—Nothing in this Act, including
the reporting requirement under subsection (a) and the conduct
of the feasibility study under subsection (b), may be construed
to convey United States recognition of Somalia’s FMS or Somaliland
as an independent entity.

H. R. 7776—472
SEC. 1276. ASSESSMENT OF CHALLENGES TO IMPLEMENTATION OF
THE PARTNERSHIP AMONG AUSTRALIA, THE UNITED
KINGDOM, AND THE UNITED STATES.

(a) IN GENERAL.—The Secretary of Defense shall seek to enter
into an agreement with a federally funded research and development center for the conduct of an independent assessment of
resourcing, policy, and process challenges to implementing the partnership among Australia, the United Kingdom, and United States
(commonly known as the ‘‘AUKUS partnership’’) announced on September 21, 2021.
(b) MATTERS TO BE CONSIDERED.—In conducting the assessment
required by subsection (a), the federally funded research and
development center shall consider the following with respect to
each of Australia, the United Kingdom, and the United States:
(1) Potential resourcing and personnel shortfalls.
(2) Information sharing, including foreign disclosure policy
and processes.
(3) Statutory, regulatory, and other policies and processes.
(4) Intellectual property, including patents.
(5) Export controls, including technology transfer and
protection.
(6) Security protocols and practices, including personnel,
operational, physical, facility, cybersecurity, counterintelligence,
marking and classifying information, and handling and transmission of classified material.
(7) Industrial base implications specifically including
options to expand the United States submarine and nuclear
power industrial base to meet United States and Australia
requirements.
(8) Alternatives that would significantly accelerate Australia’s national security, including—
(A) interim submarine options to include leasing or
conveyance of legacy United States submarines for Australia’s use; or
(B) the conveyance of B-21 bombers.
(9) Any other matter the Secretary considers appropriate.
(c) RECOMMENDATIONS.—The federally funded research and
development center selected to conduct the assessment under this
section shall include, as part of such assessment, recommendations
for improvements to resourcing, policy, and process challenges to
implementing the AUKUS partnership.
(d) REPORT.—
(1) IN GENERAL.—Not later than January 1, 2024, the Secretary shall submit to the congressional defense committees,
the Committee on Foreign Relations of the Senate, and the
Committee on Foreign Affairs of the House of Representatives
a report that includes an unaltered copy of such assessment,
together with the views of the Secretary on the assessment
and on the recommendations included in the assessment pursuant to subsection (c).
(2) FORM OF REPORT.—The report required by paragraph
(1) shall be submitted in unclassified form but may contain
a classified annex.

H. R. 7776—473
SEC. 1277. MODIFICATION AND EXTENSION OF UNITED STATES-ISRAEL
COOPERATION TO COUNTER UNMANNED AERIAL SYSTEMS.

(a) AUTHORITY TO ESTABLISH CAPABILITIES TO COUNTER
UNMANNED AERIAL SYSTEMS.—Subsection (a)(1) of section 1278 of
the National Defense Authorization Act for Fiscal Year 2020 (Public
Law 116–92; 133 Stat. 1702; 22 U.S.C. 8606 note) is amended
in the first sentence by inserting after ‘‘to establish capabilities
for countering unmanned aerial systems’’ the following ‘‘, including
directed energy capabilities,’’.
(b) SUPPORT IN CONNECTION WITH THE PROGRAM.—Subsection
(b) of such section is amended—
(1) in paragraph (3)(B), by inserting at the end before
the period the following: ‘‘, including directed energy capabilities’’; and
(2) in paragraph (4), by striking ‘‘$25,000,000’’ and inserting
‘‘$40,000,000’’.
(c) SUNSET.—Subsection (f) of such section is amended by
striking ‘‘December 31, 2024’’ and inserting ‘‘December 31, 2026’’.
SEC. 1278. SENSE OF CONGRESS AND BRIEFING ON MULTINATIONAL
FORCE AND OBSERVERS.

(a) SENSE OF CONGRESS.—It is the sense of Congress that—
(1) the Multinational Force and Observers has helped
strengthen stability and kept the peace in Sinai Peninsula;
and
(2) the United States should continue to maintain its strong
support for the Multinational Force and Observers.
(b) BRIEFING.—Not later than 60 days before the implementation of any plan to move a Multinational Force and Observer
site, the Secretary of Defense shall brief the Committee on Armed
Services and the Committee on Foreign Affairs of the House of
Representatives and the Committee on Armed Services and the
Committee on Foreign Relations of the Senate on the resulting
impacts of such plan on existing security arrangements between
Israel and Egypt.
SEC. 1279. BRIEFING ON DEPARTMENT OF DEFENSE PROGRAM TO
PROTECT UNITED STATES STUDENTS AGAINST FOREIGN
AGENTS.

Not later than 240 days after the date of the enactment of
this Act, the Secretary of Defense shall provide a briefing to the
Committee on Armed Services of the Senate and the Committee
on Armed Services of the House of Representatives on the program
described in section 1277 of the National Defense Authorization
Act for Fiscal Year 2018 (Public Law 115–91), including an assessment on whether the program is beneficial to students interning,
working part time, or in a program that will result in employment
post-graduation with Department of Defense components and contractors.

TITLE XIV—OTHER AUTHORIZATIONS
Subtitle A—Military Programs
Sec. 1401. Working capital funds.
Sec. 1402. Chemical agents and munitions destruction, defense.
Sec. 1403. Drug interdiction and counter-drug activities, defense-wide.

H. R. 7776—474
Sec. 1404. Defense Inspector General.
Sec. 1405. Defense health program.
Subtitle B—National Defense Stockpile
Sec. 1411. Reform of the Strategic and Critical Materials Stock Piling Act.
Sec. 1412. Modification of acquisition authority under Strategic and Critical Materials Stock Piling Act.
Sec. 1413. Briefings on shortfalls in National Defense Stockpile.
Sec. 1414. Authority to acquire materials for the National Defense Stockpile.
Sec. 1415. Department of Defense readiness to support prolonged conflict.
Subtitle C—Other Matters
Sec. 1421. 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. 1422. Authorization of appropriations for Armed Forces Retirement Home.

Subtitle A—Military Programs
SEC. 1401. WORKING CAPITAL FUNDS.

Funds are hereby authorized to be appropriated for fiscal year
2023 for the use of the Armed Forces and other activities and
agencies of the Department of Defense for providing capital for
working capital and revolving funds, as specified in the funding
table in section 4501.
SEC.

1402.

CHEMICAL
DEFENSE.

AGENTS

AND

MUNITIONS

DESTRUCTION,

(a) AUTHORIZATION OF APPROPRIATIONS.—Funds are hereby
authorized to be appropriated for the Department of Defense for
fiscal year 2023 for expenses, not otherwise provided for, for Chemical Agents and Munitions Destruction, Defense, as specified in
the funding table in section 4501.
(b) USE.—Amounts authorized to be appropriated under subsection (a) are authorized for—
(1) the destruction of lethal chemical agents and munitions
in accordance with section 1412 of the Department of Defense
Authorization Act, 1986 (50 U.S.C. 1521); and
(2) the destruction of chemical warfare materiel of the
United States that is not covered by section 1412 of such
Act.
SEC. 1403. DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES,
DEFENSE-WIDE.

Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2023 for expenses, not otherwise
provided for, for Drug Interdiction and Counter-Drug Activities,
Defense-wide, as specified in the funding table in section 4501.
SEC. 1404. DEFENSE INSPECTOR GENERAL.

Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2023 for expenses, not otherwise
provided for, for the Office of the Inspector General of the Department of Defense, as specified in the funding table in section 4501.
SEC. 1405. DEFENSE HEALTH PROGRAM.

Funds are hereby authorized to be appropriated for fiscal year
2023 for the Defense Health Program for use of the Armed Forces
and other activities and agencies of the Department of Defense
for providing for the health of eligible beneficiaries, as specified
in the funding table in section 4501.

H. R. 7776—475

Subtitle B—National Defense Stockpile
SEC. 1411. REFORM OF THE STRATEGIC AND CRITICAL MATERIALS
STOCK PILING ACT.

(a) REPEAL OF STRATEGIC MATERIALS PROTECTION BOARD.—
Section 187 of title 10, United States Code, is repealed.
(b) STRATEGIC AND CRITICAL MATERIALS BOARD OF DIRECTORS.—Section 10 of the Strategic and Critical Materials Stock
Piling Act (50 U.S.C. 98h-1) is amended to read as follows:
‘‘SEC. 10. STRATEGIC AND CRITICAL MATERIALS BOARD OF DIRECTORS.

‘‘(a) ESTABLISHMENT.—There is established a Strategic and Critical Materials Board of Directors (in this Act referred to as the
‘Board’).
‘‘(b) MEMBERS.—The Board shall be composed, at a minimum,
of the following:
‘‘(1) The Assistant Secretary of Defense for Industrial Base
Policy, who shall serve as chairman of the Board.
‘‘(2) One designee of each of the Secretary of Commerce,
the Secretary of State, the Secretary of Energy, and the Secretary of the Interior.
‘‘(3) One designee of each of the Chairman and Ranking
Member of the Readiness Subcommittee of the House Committee on Armed Services.
‘‘(4) One designee of each of the Chairman and Ranking
Member of the Readiness Subcommittee of the Senate Committee on Armed Services.
‘‘(5) Four designees of the chairman of the Board, who
shall have expertise relating to military affairs, defense procurement, production of strategic and critical materials, finance,
or any other disciplines deemed necessary by the chairman
to conduct the business of the Board.
‘‘(c) DUTIES OF THE BOARD.—In addition to other matters
assigned to it by the chairman, the Board shall conduct the following, without power of delegation:
‘‘(1) Adopt by-laws that ensure sufficient oversight, governance, and effectiveness of the National Defense Stockpile program.
‘‘(2) Elect or remove Board members.
‘‘(3) Advise the National Defense Stockpile Manager.
‘‘(4) Establish performance metrics and conduct an annual
performance review of the National Defense Stockpile Manager.
‘‘(5) Set compensation for the National Defense Stockpile
Manager.
‘‘(6) Review and approve the annual budget of the National
Defense Stockpile program and conduct appropriate reviews
of annual financial statements.
‘‘(7) Re-allocate budget resources within the annual budget
of the National Defense Stockpile program.
‘‘(8) Review and approve the Annual Materials and Operations Plan required by section 11(a)(2) of this Act, including
a review of the projected domestic and foreign economic effects
of proposed actions to be taken under the Annual Materials
and Operations Plan.

H. R. 7776—476
‘‘(9) Complete and submit the annual Board Report, in
accordance with section 11(b)(2) of this Act.
‘‘(10) Recommend to the Secretary of Defense—
‘‘(A) a strategy to ensure a secure supply of materials
designated as critical to national security; and
‘‘(B) such other strategies as the Board considers appropriate to strengthen the industrial base with respect to
materials critical to national security.
‘‘(d) BOARD MEETINGS.—The Board shall meet as determined
necessary by the chairman but not less frequently than once every
year to fulfill the duties described in subsection (c).
‘‘(e) APPLICATION OF FEDERAL ADVISORY COMMITTEE ACT.—Section 14 of the Federal Advisory Committee Act (5 U.S.C. App.)
shall not apply to the Board.
‘‘(f) DEFINITIONS.—In this section:
‘‘(1) MATERIALS CRITICAL TO NATIONAL SECURITY.—The term
‘materials critical to national security’ means materials—
‘‘(A) upon which the production or sustainment of military equipment is dependent; and
‘‘(B) the supply of which could be restricted by actions
or events outside the control of the Government of the
United States.
‘‘(2) MILITARY EQUIPMENT.—The term ‘military equipment’
means equipment used directly by the Armed Forces to carry
out military operations.
‘‘(3) SECURE SUPPLY.—The term ‘secure supply’, with
respect to a material, means the availability of a source or
sources for the material, including the full supply chain for
the material and components containing the material.’’.
(c) REPORTS.—Section 11 of such Act (50 U.S.C. 98h-2) is
amended to read as follows:
‘‘SEC. 11. REPORTS.

‘‘(a) REPORTS TO THE BOARD.—The National Defense Stockpile
Manager shall submit to the Board the following:
‘‘(1) Not later than 40 calendar days after the last day
of each of the first three fiscal quarters in each fiscal year,
unaudited financial statements and a Manager’s Discussion
and Analysis for the immediately preceding fiscal quarter.
‘‘(2) Not later than 60 calendar days after the conclusion
of the fourth quarter of each fiscal year—
‘‘(A) audited financial statements and a Manager’s
Discussion and Analysis for the immediately preceding
fiscal year; and
‘‘(B) an Annual Materials and Operations Plan for the
forthcoming year.
‘‘(b) REPORTS TO CONGRESS.—
‘‘(1) REPORTS BY NATIONAL DEFENSE STOCKPILE MANAGE.—
Not later than 90 days after the conclusion of the fourth quarter
of each fiscal year, the National Defense Stockpile Manager
shall submit to the congressional defense committees (as
defined in section 101(a) of title 10, United States Code) a
report that shall include—
‘‘(A) information with respect to foreign and domestic
purchases of materials for the stockpile during the preceding fiscal year;

H. R. 7776—477
‘‘(B) information with respect to the acquisition and
disposal of materials under this Act by barter, during such
fiscal year;
‘‘(C) information with respect to the activities by the
National Defense Stockpile Manager to encourage the conservation, substitution, and development of strategic and
critical materials;
‘‘(D) information with respect to the research and
development activities conducted under section 8 of this
Act;
‘‘(E) audited annual financial statements for the Strategic and Critical Materials Fund;
‘‘(F) other pertinent information on the administration
of this Act as will enable the Congress to evaluate the
effectiveness of the program;
‘‘(G) details of all planned expenditures from the Strategic and Critical Materials Fund over the Future Years’
Defense Program and anticipated receipts from proposed
disposals of stockpile materials; and
‘‘(H) the report required by paragraph (2).
‘‘(2) REPORT BY THE BOARD.—The Board shall prepare a
written report to accompany the report required by paragraph
(1) which shall include—
‘‘(A) the activities of the Board to carry out the duties
listed in section 10(c) of this Act; and
‘‘(B) the most recent Annual Materials and Operations
Plan submitted under subsection (a)(2)(B).’’.
(d) CONFORMING AMENDMENTS.—
(1) STRATEGIC AND CRITICAL MATERIALS STOCK PILING ACT.—
The Strategic and Critical Materials Stock Piling Act (50 U.S.C.
98 et seq.) is amended—
(A) in section 5(a)(2)—
(i) by striking ‘‘certain stockpile transactions’’ and
all that follows through ‘‘submitted the President proposes’’; and
(ii) by striking ‘‘any such transaction’’ and
inserting the following: ‘‘any stockpile transactions proposed in the Annual Materials and Operations Plan
for such fiscal year after the Board submits the report
under section 11(b)(2) containing such plan’’; and
(B) in section 15—
(i) in subsection (c)(1), by striking ‘‘annual materials plan’’ and inserting ‘‘Annual Materials and Operations Plan’’; and
(ii) in subsection (e)—
(I) by inserting ‘‘, acting through the National
Defense Stockpile Manager,’’ after ‘‘The President’’;
and
(II) by striking ‘‘section 11(a)’’ and inserting
‘‘section 11(b)(1)’’.
(2) TITLE 10.—Title 10 of the United States Code is
amended—
(A) in section 4863(g), by striking ‘‘Strategic Materials
Protection Board pursuant to section 187 of this title’’ and
inserting ‘‘Strategic and Critical Materials Board of Directors pursuant to section 10 of the Strategic and Critical
Materials Stock Piling Act (50 U.S.C. 98h-1)’’; and

H. R. 7776—478
(B) in section 4872(c)(3)(B), by striking ‘‘ Strategic
Materials Protection Board pursuant to section 187 of this
title’’ and inserting ‘‘Strategic and Critical Materials Board
of Directors pursuant to section 10 of the Strategic and
Critical Materials Stock Piling Act (50 U.S.C. 98h-1)’’.
SEC. 1412. MODIFICATION OF ACQUISITION AUTHORITY UNDER STRATEGIC AND CRITICAL MATERIALS STOCK PILING ACT.

(a) IN GENERAL.—Section 5 of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98d) is amended—
(1) in subsection (a)—
(A) in paragraph (1)—
(i) in the first sentence, by inserting ‘‘under the
authority of paragraph (3) of this section or’’ after
‘‘Except for acquisitions made’’; and
(ii) in the second sentence, by striking ‘‘for such
acquisition’’ and inserting ‘‘for any acquisition of materials under this Act’’; and
(B) by adding at the end the following:
‘‘(3) Using funds appropriated for acquisition of materials under
this Act, the National Defense Stockpile Manager may acquire
materials determined to be strategic and critical under section
3(a) without regard to the requirement of the first sentence of
paragraph (1) if the Stockpile Manager determines there is a shortfall of such materials in the stockpile.’’; and
(2) in subsection (c), by striking ‘‘to carry out the purposes
for which appropriated for a period of two fiscal years, if so
provided in appropriation Acts’’ and inserting ‘‘until expended,
unless otherwise provided in appropriations Acts’’.
(b) INCREASE IN QUANTITIES OF MATERIALS TO BE STOCKPILED.—Section 3(c)(2) of the Strategic and Critical Materials Stock
Piling Act (50 U.S.C. 98b(c)(2)) is amended—
(1) by amending the first sentence to read as follows: ‘‘The
President shall notify Congress in writing of any increase proposed to be made in the quantity of any material to be stockpiled that involves the acquisition of additional materials for
the stockpile.’’;
(2) in the second sentence, by striking ‘‘the change after
the end of the 45-day period’’ and inserting ‘‘the increase after
the end of the 30-day period’’; and
(3) in the third sentence, by striking ‘‘change’’ and inserting
‘‘increase’’.
SEC. 1413. BRIEFINGS ON SHORTFALLS IN NATIONAL DEFENSE STOCKPILE.

Section 14 of the Strategic and Critical Materials Stock Piling
Act (50 U.S.C. 98h–5) is amended by adding at the end the following
new subsection:
‘‘(f)(1) Not later than March 1 each year, the National Defense
Stockpile Manager shall provide to the congressional defense
committees a briefing on strategic and critical materials that—
‘‘(A) are determined to be in shortfall in the most recent
report on stockpile requirements submitted under subsection
(a); and
‘‘(B) the acquisition or disposal of which is included in
the Annual Materials and Operations Plan for the operation
of the stockpile during the next fiscal year submitted under
section 11(b).

H. R. 7776—479
‘‘(2) Each briefing required by paragraph (1) shall include—
‘‘(A) a description of each material described in that paragraph, including the objective to be achieved if funding is
provided, in whole or in part, for the acquisition of the material
to remedy the shortfall;
‘‘(B) an estimate of additional amounts required to provide
such funding, if any; and
‘‘(C) an assessment of the supply chain for each such material, including any assessment of any relevant risk in any
such supply chain.’’.
SEC. 1414. AUTHORITY TO ACQUIRE MATERIALS FOR THE NATIONAL
DEFENSE STOCKPILE.

(a) ACQUISITION AUTHORITY.—Of the funds appropriated into
the National Defense Stockpile Transaction Fund pursuant to the
authorization of appropriations under subsection (c), the National
Defense Stockpile Manager may use up to $1,003,500,000 for
acquisition of the following materials determined to be strategic
and critical materials required to meet the defense, industrial,
and essential civilian needs of the United States:
(1) Neodymium oxide, praseodymium oxide, and
neodymium iron boron (NdFeB) magnet block.
(2) Titanium.
(3) Energetic materials.
(4) Iso-molded graphite.
(5) Grain-oriented electric steel.
(6) Tire cord steel.
(7) Cadmium zinc telluride.
(8) Any additional materials identified as stockpile requirements in the most recent report submitted to Congress under
section 14 of the Strategic and Critical Materials Stock Piling
Act (50 U.S.C. 98h–5).
(b) FISCAL YEAR LIMITATION.—The authority under subsection
(a) is available for purchases during fiscal years 2023 through
2032.
(c) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to the National Defense Stockpile Transaction
Fund $1,003,500,000 for the acquisition of strategic and critical
materials under section 6(a) of the Strategic and Critical Materials
Stock Piling Act (50 U.S.C. 98e(a)).
(d) COMPLIANCE WITH STRATEGIC AND CRITICAL MATERIALS
STOCK PILING ACT.—Any acquisition using funds appropriated
pursuant to the authorization of appropriations under subsection
(c) shall be carried out in accordance with the provisions of the
Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98
et seq.).
SEC. 1415. DEPARTMENT OF DEFENSE READINESS TO SUPPORT PROLONGED CONFLICT.

(a) STUDIES REQUIRED.—
(1) IN GENERAL.—For each report required by section 14(a)
of the Strategic and Critical Materials Stock Piling Act (50
U.S.C. 98h-5(a)), the National Defense Stockpile Manager
shall—
(A) conduct a study on the strategic materials required
by the Department of Defense to sustain combat operations
for not less than one year against the pacing threat identified in the National Defense Strategy; and

H. R. 7776—480
(B) not later than January 15, 2024, submit to the
congressional defense committees a report on such study
in a classified form with an unclassified summary.
(2) ENERGY STORAGE AND ELECTRONIC COMPONENTS.—
(A) IN GENERAL.—The Under Secretary of Defense for
Acquisition and Sustainment shall conduct a study of the
energy storage and electronic components necessary to sustain combat operations for not less than one year against
the pacing threat identified in the National Defense
Strategy.
(B) REPORT.——
(i) IN GENERAL.—Not later than January 15, 2024,
the Under Secretary of Defense for Acquisition and
Sustainment shall submit to the congressional defense
committees a report on the study required under
subparagraph (A).
(ii) FORM.—The report required by clause (i) shall
be submitted in an unclassified form but may contain
a classified annex.
(iii) ELEMENTS.—The report required by clause (i)
shall include the following:
(I) A description of the specific number and
type of energy storage and electronic components
that the Department of Defense requires for the
manufacture of munitions, combat support items,
and weapon systems to sustain combat operations.
(II) A description of the specific number and
type of energy storage and electronic components
that the Department of Defense requires to
replenish or replace munitions, combat support
items, and weapon systems that are lost or
expended during the execution and sustainment
of the relevant operational plan.
(III)
A
description
of
supply
chain
vulnerabilities during the sustainment and execution period, such as sole sources of supply, war
damage, and shipping interdiction.
(IV)
A
description
of
supply
chain
vulnerabilities prior to the sustainment and execution period and the replenishment and replacement
period, such as reliance on sole sources of supply,
geographic proximity to strategic competitors, and
diminishing manufacturing sources.
(V) An identification of alternative sources of
supply for energy and electronics components that
are domestic or are from allies or partners of the
United States.
(VI) An assessment of the technical and economic feasibility of the preparedness and response
programs of the Department of Defense, such as
the National Defense Stockpile, the Warstopper
program, war reserves and pre-positioned stocks,
contract options, or other methods to mitigate
postulated shortfalls to Department of Defense
requirements.

H. R. 7776—481
(VII) Any other such elements deemed appropriate by the Under Secretary of Defense for
Acquisition and Sustainment.
(C) ENERGY STORAGE AND ELECTRONIC COMPONENT
DEFINED.—In this paragraph, the term ‘‘energy storage and
electronic component’’ includes—
(i) an item that operates by controlling the flow
of electrons or other electrically charged particles in
circuits, using interconnections of electrical devices
such as resistors, inductors, capacitors, diodes,
switches, transistors, or integrated circuits; and
(ii) battery cells, battery modules, battery packs,
and other related components related to batteries.
(b) ACQUISITION PRIORITY.—Consistent with the authority in
section 5 of the Strategic and Critical Materials Stock Piling Act
(50 U.S.C. 98d) and subject to the availability of appropriations,
the National Defense Stockpile Manager shall acquire the highest
priority strategic and critical materials identified in the report
submitted under subsection (a)(1).
(c) STRATEGIC AND CRITICAL MATERIALS DEFINED.—In this section, the term ‘‘strategic and critical materials’’ has the meaning
given such term in section 12 of the Strategic and Critical Materials
Stock Piling Act (50 U.S.C. 98h-3).

Subtitle C—Other Matters
SEC. 1421. AUTHORITY FOR TRANSFER OF FUNDS TO JOINT DEPARTMENT OF DEFENSE-DEPARTMENT OF VETERANS AFFAIRS
MEDICAL FACILITY DEMONSTRATION FUND FOR CAPTAIN
JAMES A. LOVELL HEALTH CARE CENTER, ILLINOIS.

(a) AUTHORITY FOR TRANSFER OF FUNDS.—Of the funds authorized to be appropriated for section 1405 and available for the
Defense Health Program for operation and maintenance,
$168,000,000 may be transferred by the Secretary of Defense to
the Joint Department of Defense–Department of Veterans Affairs
Medical Facility Demonstration Fund established by subsection
(a)(1) of section 1704 of the National Defense Authorization Act
for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2571). For
purposes of subsection (a)(2) of such section 1704, any funds so
transferred shall be treated as amounts authorized and appropriated specifically for the purpose of such a transfer.
(b) USE OF TRANSFERRED FUNDS.—For the purposes of subsection (b) of such section 1704, facility operations for which funds
transferred under subsection (a) may be used are operations of
the Captain James A. Lovell Federal Health Care Center, consisting
of the North Chicago Veterans Affairs Medical Center, the Navy
Ambulatory Care Center, and supporting facilities designated as
a combined Federal medical facility under an operational agreement
covered by section 706 of the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122
Stat. 4500).

H. R. 7776—482
SEC. 1422. AUTHORIZATION OF APPROPRIATIONS FOR ARMED FORCES
RETIREMENT HOME.

There is hereby authorized to be appropriated for fiscal year
2023 from the Armed Forces Retirement Home Trust Fund the
sum of $152,360,000 of which—
(1) $75,360,000 is for operation, maintenance, construction
and renovation; and
(2) $77,000,000 is for major construction.

TITLE XV—CYBER AND INFORMATION
OPERATIONS MATTERS
Subtitle A—Cyber Matters
Sec. 1501. Improvements to Principal Cyber Advisors.
Sec. 1502. Annual reports on support by military departments for United States
Cyber Command.
Sec. 1503. Modification of office of primary responsibility for strategic cybersecurity
program.
Sec. 1504. Tailored cyberspace operations organizations.
Sec. 1505. Establishment of support center for consortium of universities that advise Secretary of Defense on cybersecurity matters.
Sec. 1506. Alignment of Department of Defense cyber international strategy with
National Defense Strategy and Department of Defense Cyber Strategy.
Sec. 1507. Enhancement of cyberspace training and security cooperation.
Sec. 1508. Military Cybersecurity Cooperation with Hashemite Kingdom of Jordan.
Sec. 1509. Management and oversight of Joint Cyber Warfighting Architecture.
Sec. 1510. Integrated non-kinetic force development.
Sec. 1511. Protection of critical infrastructure.
Sec. 1512. Budget display for cryptographic modernization activities for certain systems of the Department of Defense.
Sec. 1513. Establishing projects for data management, artificial intelligence, and
digital solutions.
Sec. 1514. Operational testing for commercial cybersecurity capabilities.
Subtitle B—Information Operations
Sec. 1521. Requirement to notify Chief of Mission of military operation in the information environment.
Sec. 1522. Assessment and optimization of Department of Defense information and
influence operations conducted through cyberspace.
Sec. 1523. Joint information operations course.
Sec. 1524. Limitation on availability of certain funds until submission of joint lexicon for terms related to information operations.
Sec. 1525. Limitation on availability of funds pending submittal of information operations strategy and posture review.
Sec. 1526. Limitation on availability of certain funds until submission of assessments relating to cybersecurity of the defense industrial base.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

1531.
1532.
1533.
1534.
1535.
1536.
1537.

Sec. 1538.
Sec. 1539.
Sec. 1540.
Sec. 1541.

Subtitle C—Personnel
Cyber operations-peculiar awards.
Establishment of Cyber Operations Designator and rating for the Navy.
Total force generation for the Cyberspace Operations Forces.
Correcting cyber mission force readiness shortfalls.
Department of Defense Cyber and Digital Service Academy.
Report on recommendations from Navy Civilian Career Path study.
Study to determine optimal strategy for structuring and manning elements of Joint Force Headquarters–Cyber Organizations, Joint Mission
Operations Centers, and Cyber Operations-Integrated Planning Elements.
Manning review of Space Force cyber squadrons.
Independent review of posture and staffing levels of Office of the Chief
Information Officer.
Independent assessment of Civilian Cybersecurity Reserve for Department of Defense.
Comprehensive review of Cyber Excepted Service.

Subtitle D—Reports and Other Matters
Sec. 1551. Pilot program for sharing cyber capabilities and related information with
foreign operational partners.

H. R. 7776—483
Sec. 1552. Demonstration program for cyber and information technology budget
data analytics.
Sec. 1553. Plan for commercial cloud test and evaluation.
Sec. 1554. Roadmap and implementation plan for cyber adoption of artificial intelligence.
Sec. 1555. Review of Department of Defense implementation of recommendations
from Defense Science Board cyber report.
Sec. 1556. Annual briefing on relationship between National Security Agency and
United States Cyber Command.
Sec. 1557. Review of definitions associated with Cyberspace Operations Forces.
Sec. 1558. Annual assessments and reports on assignment of certain budget control
responsibility to Commander of United States Cyber Command.
Sec. 1559. Assessments of weapons systems vulnerabilities to radio-frequency enabled cyber attacks.
Sec. 1560. Briefing on Department of Defense plan to deter and counter adversaries
in the information environment.

Subtitle A—Cyber Matters
SEC. 1501. IMPROVEMENTS TO PRINCIPAL CYBER ADVISORS.

(a) CERTIFICATION AUTHORITY FOR CYBERSPACE OPERATIONS.—
Subsection (c) of section 932 of the National Defense Authorization
Act for Fiscal Year 2014 (Public Law 113–66; 10 U.S.C. 2224
note) is amended by adding at the end the following:
‘‘(4) BUDGET REVIEW.—(A) The Secretary of Defense, acting
through the Under Secretary of Defense (Comptroller), shall
require the Secretaries of the military departments and the
heads of the Defense agencies with responsibilities associated
with any activity specified in paragraph (2) to transmit the
proposed budget for such activities 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 Principal Cyber Advisor for review under
subparagraph (B) before submitting the proposed budget to
the Under Secretary of Defense (Comptroller).
‘‘(B) The Principal Cyber Advisor 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
of Defense a report containing the comments of the Principal
Cyber Advisor with respect to all such proposed budgets,
together with the certification of the Principal Cyber Advisor
regarding whether each proposed budget is adequate.
‘‘(C) Not later than March 31 of each year, the Secretary
of Defense shall submit to Congress a report specifying each
proposed budget that the Principal Cyber Advisor did not certify
to be adequate. The report of the Secretary shall include the
following matters:
‘‘(i) A discussion of the actions that the Secretary proposes to take, together with any recommended legislation
that the Secretary considers appropriate, to address the
inadequacy of the proposed budgets specified in the report.
‘‘(ii) Any additional comments that the Secretary considers appropriate regarding the inadequacy of the proposed budgets.’’.
(b) CODIFICATION OF PRINCIPAL CYBER ADVISORS.—
(1) TITLE 10.—Chapter 19 of title 10, United States Code,
is amended by inserting after section 392 the following new
section (and conforming the table of sections at the beginning
of such chapter accordingly):

H. R. 7776—484
‘‘§ 392a. Principal Cyber Advisors’’.
(2) PRINCIPAL CYBER ADVISOR TO SECRETARY OF DEFENSE.—
Subsection (c) of section 932 of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66; 10 U.S.C.
2224 note), as amended by subsection (a), is—
(A) transferred to section 392a of title 10, United States
Code, as added by paragraph (1);
(B) redesignated as subsection (a);
(C) amended by striking paragraph (1) and inserting
the following:
‘‘(1) ESTABLISHMENT.—There is a Principal Cyber Advisor
in the Department of Defense.’’; and
(D) amended in the subsection heading by inserting
‘‘TO SECRETARY OF DEFENSE’’ after ‘‘ADVISOR’’.
(3) DEPUTY CYBER ADVISOR.—Section 905 of the National
Defense Authorization Act for Fiscal Year 2020 (Public Law
116–92; 10 U.S.C. 391 note) is—
(A) transferred to chapter 19 of title 10, United States
Code, designated as subsection (b) of section 392a, as added
by paragraph (1), and amended by redesignating each
subordinate provision and the margins thereof accordingly;
and
(B) amended—
(i) by striking ‘‘this subsection’’ each place it
appears and inserting ‘‘this paragraph’’; and
(ii) by striking ‘‘subsection (a)’’ each place it
appears and inserting ‘‘paragraph (1)’’.
(4) PRINCIPAL CYBER ADVISORS TO SECRETARIES OF MILITARY
DEPARTMENTS.—Section
1657 of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116–92;
10 U.S.C. 391 note) is—
(A) transferred to chapter 19 of title 10, United States
Code, designated as subsection (c) of section 392a, as added
by paragraph (1), and amended by redesignating each
subordinate provision and the margins thereof accordingly;
and
(B) amended—
(i) by striking ‘‘subparagraph (B)’’ and inserting
‘‘clause (ii)’’;
(ii) by striking ‘‘paragraph (1)’’ each place it
appears and inserting ‘‘subparagraph (A)’’;
(iii) by striking ‘‘paragraph (2)’’ each place it
appears and inserting ‘‘subparagraph (B)’’;
(iv) by striking ‘‘subsection (a)(1)’’ and inserting
‘‘paragraph (1)(A)’’;
(v) by striking ‘‘subsection (a)’’ each place it
appears and inserting ‘‘paragraph (1)’’;
(vi) by striking ‘‘subsection (b)’’ each place it
appears and inserting ‘‘paragraph (2)’’; and
(vii) by striking paragraph (6) (as redesignated
pursuant to subparagraph (A)).
(c) CONFORMING AMENDMENTS.—
(1) TITLE 10.—Section 167b(d)(2)(A) of title 10, United
States Code, is amended by inserting ‘‘to the Secretary of
Defense under section 392a(a) of this title’’ after ‘‘Principal
Cyber Advisor’’.

H. R. 7776—485
(2) FY22 NDAA.—Section 1528(e)(2) of the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117–81;
10 U.S.C. 2224 note) is amended by striking ‘‘section 1657(d)
of the National Defense Authorization Act for Fiscal Year 2020
(Public Law 116–92; 10 U.S.C. 391 note)’’ and inserting ‘‘section
392a(c)(4) of title 10, United States Code’’.
(3) FY17 NDAA.—Section 1643(b) of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114–328;
10 U.S.C. 2224 note) is amended by striking ‘‘The Principal
Cyber Advisor, acting through the cross-functional team established by section 932(c)(3) of the National Defense Authorization
Act for Fiscal Year 2014 (Public Law 113–66; 10 U.S.C. 2224
note)’’ and inserting ‘‘The Principal Cyber Advisor to the Secretary of Defense, acting through the cross-functional team
under section 392a(a)(3) of title 10, United States Code,’’.
SEC. 1502. ANNUAL REPORTS ON SUPPORT BY MILITARY DEPARTMENTS FOR UNITED STATES CYBER COMMAND.

(a) ANNUAL REPORTS.—Chapter 19 of title 10, United States
Code, is amended by inserting after section 391 the following new
section (and conforming the table of sections at the beginning of
such chapter accordingly):
‘‘§ 391a. Annual reports on support by military departments
for United States Cyber Command
‘‘(a) REPORTS.—Not later than 15 days after the date on which
the Secretary of Defense submits to Congress the defense budget
materials (as defined in section 239 of this title) for a fiscal year,
the Commander of the United States Cyber Command shall submit
to the congressional defense committees a report containing the
following:
‘‘(1) An evaluation of whether each military department
is meeting the requirements established by the Commander
and validated by the Office of the Secretary of Defense, and
is effectively implementing the plan required by section 1534
of the National Defense Authorization Act for Fiscal Year 2023,
and the requirements established pursuant to section 1533
of such Act.
‘‘(2) For each military department evaluated under paragraph (1)—
‘‘(A) a certification that the military department is
meeting such requirements; or
‘‘(B) a detailed explanation regarding how the military
department is not meeting such requirements.
‘‘(b) ELEMENTS OF EVALUATION.—Each evaluation under subsection (a)(1) shall include, with respect to the military department
being evaluated, the following:
‘‘(1) The adequacy of the policies, procedures, and execution
of manning, training, and equipping personnel for employment
within the Cyber Mission Force.
‘‘(2) The sufficiency and robustness of training curricula
for personnel to be assigned to either the Cyber Mission Force
or units within the cyberspace operations forces, and the compliance by the military department with training standards.
‘‘(3) The adequacy of the policies and procedures relating
to the assignment and assignment length of members of the

H. R. 7776—486
Army, Navy, Air Force, Marine Corps, or Space Force to the
Cyber Mission Force.
‘‘(4) The efficacy of the military department in filling key
work roles within the Cyber Mission Force, including the proper
force mix of civilian, military, and contractor personnel, and
the means necessary to meet requirements established by the
Commander and validated by the Secretary of Defense.
‘‘(5) The adequacy of the investment to advance cyberpeculiar science and technology, particularly with respect to
capability development for the Cyber Mission Force.
‘‘(6) The sufficiency of the policies, procedures, and investments relating to the establishment and management of military occupational specialty, designator, rating, or Air Force
specialty code for personnel responsible for cyberspace operations, including an assessment of the effectiveness of the combination of policies determining availability and retention of
sufficient numbers of proficient personnel in key work roles,
including length of service commitment, the use of bonuses
and special pays, alternative compensation mechanisms, and
consecutive tours in preferred assignments.
‘‘(7) In coordination with the Principal Cyber Advisor of
the Department of Defense, an evaluation of the use by the
military department of the shared lexicon of the Department
of Defense specific to cyberspace activities.
‘‘(8) The readiness of personnel serving in the Cyber Mission Force and the cyberspace operations forces to accomplish
assigned missions.
‘‘(9) The adequacy of actions taken during the period of
evaluation by the military department to respond to findings
from any previous years’ evaluations.
‘‘(10) Any other element determined relevant by the Commander.’’.
(b) FIRST REPORT.—The Commander of the United States Cyber
Command shall submit to the congressional defense committees
the first report under section 391a of title 10, United States Code,
as added by subsection (a), as soon as practicable after the date
of the submission of the defense budget materials for fiscal year
2024.
SEC. 1503. MODIFICATION OF OFFICE OF PRIMARY RESPONSIBILITY
FOR STRATEGIC CYBERSECURITY PROGRAM.

Paragraph (2) of section 1640(c) of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115–91; 10
U.S.C. 2224 note) is amended to read as follows:
‘‘(2) OFFICE OF PRIMARY RESPONSIBILITY.—Not later than
30 days after the date of the enactment of the National Defense
Authorization Act for Fiscal Year 2023, the Secretary of Defense
shall designate a principal staff assistant from within the Office
of the Secretary of Defense whose office shall serve as the
office of primary responsibility for the Program, providing
policy, direction, and oversight regarding the execution of the
responsibilities of the program manager described in paragraph
(5).’’.
SEC. 1504. TAILORED CYBERSPACE OPERATIONS ORGANIZATIONS.

Section 1723 of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (Public Law 116–

H. R. 7776—487
283; 10 U.S.C. 394 note) is amended by adding at the end the
following new subsections:
‘‘(e) IMPLEMENTATION.—Not later than May 1, 2023, the Commanding Officer of Navy Cyber Warfare Development Group shall
submit to the congressional defense committees an independent
review of the study under subsection (a). The review shall include,
at a minimum, evaluations of—
‘‘(1) the value of the study to the Navy Cyber Warfare
Development Group and to the Navy;
‘‘(2) any recommendations not considered or included as
part of the study;
‘‘(3) the implementation of subsection (b); and
‘‘(4) other matters as determined by the Commanding
Officer.
‘‘(f) UPDATE TO CONGRESS.—Not later than July 1, 2023, the
Secretaries of the military departments and the Assistant Secretary
of Defense for Special Operations and Low Intensity Conflict shall
provide to the congressional defense committees a briefing on activities taken during the period following the date of the briefing
provided under subsection (d), including an examination of establishing Tailored Cyberspace Operations Organizations and use of
the authority provided pursuant to subsection (c).
‘‘(g) AIR FORCE ACTIONS.—Not later than July 1, 2023, the
Secretary of the Air Force shall submit to the congressional defense
committees a review of the activities of the Navy Cyber Warfare
Development Group, including with respect to the authorities of
the Group. The review shall include the following:
‘‘(1) An assessment of whether such authorities shall be
conferred on the 90th Cyberspace Operations Squadron of the
Air Force.
‘‘(2) A consideration of whether the 90th Cyberspace Operations Squadron should be designated a controlled tour, as
defined by the Secretary.’’.
SEC. 1505. ESTABLISHMENT OF SUPPORT CENTER FOR CONSORTIUM
OF UNIVERSITIES THAT ADVISE SECRETARY OF DEFENSE
ON CYBERSECURITY MATTERS.

Section 1659 of the National Defense Authorization Act for
Fiscal Year 2020 (Public Law 116–92; 10 U.S.C. 391 note) is
amended by adding at the end the following new subsection:
‘‘(f) SUPPORT CENTER.—
‘‘(1) ESTABLISHMENT.—The Secretary shall establish a
center to provide support to the consortium established under
subsection (a).
‘‘(2) COMPOSITION.—
‘‘(A) REQUIREMENT.—The center established under
paragraph (1) shall be composed of one or two universities,
as the Secretary considers appropriate, that—
‘‘(i) have been designated as centers of academic
excellence by the Director of the National Security
Agency or the Secretary of Homeland Security; and
‘‘(ii) are eligible for access to classified information.
‘‘(B) PUBLICATION.—The Secretary shall publish in the
Federal Register the process for selection of universities
to serve as the center established under paragraph (1).
‘‘(3) FUNCTIONS.—The functions of the center established
under paragraph (1) are as follows:

H. R. 7776—488
‘‘(A) To promote the consortium established under subsection (a).
‘‘(B) To distribute on behalf of the Department requests
for information or assistance to members of the consortium.
‘‘(C) To collect and assemble responses from requests
distributed under subparagraph (B).
‘‘(D) To provide additional administrative support for
the consortium.’’.
SEC. 1506. ALIGNMENT OF DEPARTMENT OF DEFENSE CYBER INTERNATIONAL
STRATEGY
WITH
NATIONAL
DEFENSE
STRATEGY AND DEPARTMENT OF DEFENSE CYBER
STRATEGY.

(a) ALIGNMENT REQUIRED.—Not later than 270 days after the
date of the enactment of this Act, the Secretary of Defense, acting
through the Under Secretary of Defense for Policy and in coordination with the commanders of the combatant commands and the
Director of the Joint Staff, shall undertake efforts to align the
cybersecurity cooperation enterprise of the Department of Defense
and the cyberspace operational partnerships of the Department
with—
(1) the national defense strategy published in 2022 pursuant to section 113(g) of title 10, United States Code;
(2) the Cyber Strategy of the Department published during
fiscal year 2023; and
(3) the current International Cyberspace Security Cooperation Guidance of the Department, as of the date of the enactment of this Act.
(b) ELEMENTS.—The alignment efforts under subsection (a)
shall include the following efforts within the Department of Defense:
(1) Efforts to build the internal capacity of the Department
to support international strategy policy engagements with allies
and partners of the United States.
(2) Efforts to coordinate and align cyberspace operations
with foreign partners of the United States, including alignment
between hunt-forward missions and other cyber international
strategy activities conducted by the Department, including
identification of processes, working groups, and methods to
facilitate coordination between geographic combatant commands and the United States Cyber Command.
(3) Efforts to deliberately cultivate operational and intelligence-sharing partnerships with key allies and partners of
the United States to advance the cyberspace operations objectives of the Department.
(4) Efforts to identify key allied and partner networks,
infrastructure, and systems that the Joint Force will rely upon
for warfighting and to—
(A) support the cybersecurity and cyber defense of
those networks, infrastructure, and systems;
(B) build partner capacity to actively defend those networks, infrastructure, and systems;
(C) eradicate malicious cyber activity that has compromised those networks, infrastructure, and systems, such
as when identified through hunt-forward operations; and
(D) leverage the commercial and military cybersecurity
technology and services of the United States to harden
and defend those networks, infrastructure, and systems.

H. R. 7776—489
(5) Efforts to secure the environments and networks of
mission partners of the United States used to hold intelligence
and information originated by the United States.
(6) Prioritization schemas, funding requirements, and efficacy metrics to drive cyberspace security investments in the
tools, technologies, and capacity-building efforts that will have
the greatest positive impact on the resilience and ability of
the Department to execute its operational plans and achieve
integrated deterrence.
(c) ORGANIZATION.—The Under Secretary of Defense for Policy
shall lead efforts to implement this section. In doing so, the Under
Secretary shall consult with the Secretary of State, the National
Cyber Director, the Director of the Cybersecurity and Infrastructure
Security Agency, and the Director of the Federal Bureau of Investigation, to align plans and programs as appropriate.
(d) ANNUAL BRIEFINGS.—
(1) REQUIREMENT.—Not later than 180 days after the date
of the enactment of this Act, and not less frequently than
once each fiscal year until September 30, 2025, the Under
Secretary of Defense for Policy shall provide to the Committees
on Armed Services of the Senate and the House of Representatives a briefing on the implementation of this section.
(2) CONTENTS.—Each briefing under paragraph (1) shall
include the following:
(A) An overview of efforts undertaken pursuant to this
section.
(B) An accounting of all the security cooperation activities of the Department germane to cyberspace and changes
made pursuant to implementation of this section.
(C) A detailed schedule with target milestones and
required expenditures for all planned activities related to
the efforts described in subsection (b).
(D) Interim and final metrics for building the cyberspace security cooperation enterprise of the Department.
(E) Identification of such additional funding, authorities, and policies, as the Under Secretary determines may
be required.
(F) Such recommendations as the Under Secretary may
have for legislative action to improve the effectiveness of
cyberspace security cooperation of the Department with
foreign partners and allies.
(e) ANNUAL REPORT.—Not later than 90 days after the date
of the enactment of this Act and not less frequently than once
each year thereafter until January 1, 2025, the Under Secretary
of Defense for Policy shall submit to the Committee on Armed
Services of the Senate and the Committee on Armed Services of
the House of Representatives a report summarizing the cyber international strategy activities of the Department, including within
the cybersecurity cooperation enterprise of the Department and
the cyber operational partnerships of the Department.
SEC. 1507. ENHANCEMENT OF CYBERSPACE TRAINING AND SECURITY
COOPERATION.

(a) ENHANCED TRAINING.—
(1) REQUIREMENT.—The Under Secretary of Defense for
Intelligence and Security and the Under Secretary of Defense
for Policy, in coordination with the Commander of United States

H. R. 7776—490
Cyber Command, the Director of the Defense Security Cooperation Agency, and the Director of the Defense Intelligence
Agency, shall develop enhanced guidance for and implement
training on cyberspace security cooperation at the Defense Security Cooperation University and the Joint Military Attache´
School.
(2) TIMING.—The Under Secretaries shall develop the
enhanced guidance and implement the training under paragraph (1)—
(A) by not later than one year after the date of the
enactment of this Act with respect to the Joint Military
Attache´ School; and
(B) by not later than September 30, 2025, with respect
to the Defense Security Cooperation University.
(3) ELEMENTS.—The Under Secretaries shall ensure that
the training on cyberspace security cooperation under paragraph (1)—
(A) is tailored to the trainees’ anticipated embassy
role and functions; and
(B) provides familiarity with—
(i) the different purposes of cyberspace engagements with partners and allies of the United States,
including threat awareness, cybersecurity, mission
assurance, and operations;
(ii) the types of cyberspace security cooperation
programs and activities available for partners and
allies of the United States, including bilateral and
multilateral cyberspace engagements, information and
intelligence sharing, training, and exercises;
(iii) the United States Cyber Command cyberspace
operations with partners, including an overview of the
Hunt Forward mission and process;
(iv) the roles and responsibilities of the United
States Cyber Command, the geographic combatant
commands, and the Defense Security Cooperation
Agency for cybersecurity cooperation within the
Department of Defense; and
(v) such other matters as the Under Secretaries,
in coordination with the Commander of United States
Cyber Command, consider appropriate.
(4) REQUIREMENTS.—The baseline familiarization training
developed under subsection (a) shall be a required element
for all participants in the Defense Security Cooperation University, the Attache´ Training Program, and the Attache´ Staff
Training Program of the Joint Military Attache´ School.
(b) REPORT.—Not later than 180 days after the date of the
enactment of this Act, the Under Secretary of Defense for Intelligence and Security and the Under Secretary of Defense for Policy,
in coordination with the Commander of the United States Cyber
Command, the Director of the Defense Security Cooperation Agency,
and the Director of the Defense Intelligence Agency, shall submit
to the Committees on Armed Services of the Senate and the House
of Representatives a report on the requirements and considerations
to implement enhanced training and coordination to advance cyberspace security cooperation with foreign partners. The study may
consider such areas as the following:

H. R. 7776—491
(1) Sufficiency of the training provided in the Defense
Security Cooperation University and the Joint Military Attache´
School.
(2) Additional training requirements, familiarization
requirements, or both such requirements necessary for officers
assigned to particular locations or positions.
(3) Areas for increased cooperation.
(4) A plan for completing the activities required by subsection (a).
(5) Additional resources required to complete such activities.
(c) BRIEFING.—Not later than 30 days after the date on which
the Under Secretary of Defense for Intelligence and Security and
the Under Secretary of Defense for Policy submit the report under
subsection (b), the Under Secretaries, in coordination with the
Commander of the United States Cyber Command, the Director
of the Defense Security Cooperation Agency, and the Director of
the Defense Intelligence Agency, shall provide to the Committees
on Armed Services of the Senate and the House of Representatives
a briefing on the findings from the report on enhancing training
and coordination to advance cyberspace security cooperation
described in such subsection. Such briefing shall include a discussion on the enhanced training meeting the elements under subsection (a)(3) and a plan for future updates and sustainment of
such training.
SEC.

1508.

MILITARY
CYBERSECURITY
COOPERATION
HASHEMITE KINGDOM OF JORDAN.

WITH

(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, in concurrence
with the Secretary of State and in coordination with the Commander
of the United States Cyber Command and the Commander of the
United States Central Command, shall seek to engage the Ministry
of Defense of the Hashemite Kingdom of Jordan for the purpose
of expanding cooperation of military cybersecurity activities.
(b) COOPERATION EFFORTS.—In expanding the cooperation of
military cybersecurity activities between the Department of Defense
and the Ministry of Defense of the Hashemite Kingdom of Jordan
under subsection (a), the Secretary of Defense may carry out the
following efforts:
(1) Bilateral cybersecurity training activities and exercises.
(2) Efforts to—
(A) actively defend military networks, infrastructure,
and systems;
(B) eradicate malicious cyber activity that has compromised those networks, infrastructure, and systems; and
(C) leverage United States commercial and military
cybersecurity technology and services to harden and defend
those networks, infrastructure, and systems.
(3) Establishment of a regional cybersecurity center.
(c) BRIEFINGS.—
(1) 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 congressional committees a briefing on the
implementation of this section.

H. R. 7776—492
(2) CONTENTS.—The briefing under paragraph (1) shall
include the following:
(A) An overview of efforts undertaken pursuant to this
section.
(B) A description of the feasibility and advisability
of expanding the cooperation of military cybersecurity
activities between the Department of Defense and the Ministry of Defense of the Hashemite Kingdom of Jordan.
(C) Identification of any challenges and resources that
need to be addressed so as to expand such cooperation.
(D) Any other matter the Secretary determines relevant.
(d) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In
this section, the term ‘‘appropriate congressional committees’’
means—
(1) the Committee on Armed Services and the Committee
on Foreign Relations of the Senate; and
(2) the Committee on Armed Services and the Committee
on Foreign Affairs of the House of Representatives.
SEC.

1509.

MANAGEMENT AND OVERSIGHT
WARFIGHTING ARCHITECTURE.

OF

JOINT

CYBER

(a) ESTABLISHMENT OF OFFICES.—
(1) REQUIREMENT.—The Secretary of Defense, in consultation with the Commander of the United States Cyber Command,
shall establish within the United States Cyber Command—
(A) a program executive office; and
(B) one or more subordinate program management
offices under the program executive office.
(2) RESPONSIBILITIES.—The offices established pursuant to
paragraph (1) shall—
(A) oversee, manage, and execute the Joint Cyber
Warfighting Architecture;
(B) oversee, manage, and execute the programs designated, or to be designated, as part of the Joint Cyber
Warfighting Architecture;
(C) conduct mission engineering, architecting, and
design of the Joint Cyber Warfighting Architecture system
of systems, and any successor effort;
(D) maintain a validated Joint Cyber Warfighting
Architecture system of systems mission architecture,
updated regularly to inform the current and future constituent programs of the Joint Cyber Warfighting Architecture, and the continuous delivery pipelines of such programs;
(E) ensure that the Joint Cyber Warfighting Architecture component solution architectures align with and support the Joint Cyber Warfighting Architecture system of
systems mission architecture;
(F) support integration of mission-specific capabilities,
including mission-specific data, analytics, defensive tools,
offensive tools, and intelligence systems, acquired through
non-Joint Cyber Warfighting Architecture programs; and
(G) carry out any other responsibilities determined
appropriate by the Secretary of Defense, including the
acquisition of cyber operations capabilities beyond the Joint
Cyber Warfighting Architecture.

H. R. 7776—493
(3) APPORTIONMENT OF RESPONSIBILITIES.—The Commander shall apportion the responsibilities under paragraph
(2) across the offices established pursuant to paragraph (1).
(4) AUTHORITY.—The Secretary shall ensure that the offices
established pursuant to paragraph (1) are empowered with
the authority necessary to compel and enforce compliance with
decisions and directives issued pursuant to the responsibilities
under paragraph (2).
(b) ARCHITECTURE COMPONENTS.—The Commander shall serve
as the sole sponsor and requirements manager for the Joint Cyber
Warfighting Architecture and the constituent programs of such
architecture, as determined by the Commander.
(c) ORGANIZATION OF PROGRAM EXECUTIVE OFFICE.—
(1) HEAD.—
(A) REPORTING.—The head of the program executive
office established under subsection (a)(1)(A) shall report
to the Command Acquisition Executive of the United States
Cyber Command.
(B) ADDITIONAL OVERSIGHT.—In addition to the oversight of the head of the program executive office provided
by the Command Acquisition Executive under subparagraph (A), the Under Secretary of Defense for Acquisition
and Sustainment, the Under Secretary of Defense for
Research and Engineering, and the Principal Cyber Advisor
of the Department of Defense shall provide oversight of
the head.
(2) RESPONSIBILITIES.—The head of the program executive
office shall—
(A) exercise central technical authority for the Joint
Cyber Warfighting Architecture;
(B) manage and provide oversight of the implementation and integration of the Architecture; and
(C) provide direction to subordinate program offices,
as determined appropriate by the Commander.
(d) PERSONNEL.—
(1) NECESSARY POSITIONS.—The Commander of the United
States Cyber Command shall ensure that the program executive
office or any subordinate program management office established pursuant to subsection (a)(1) includes in the staff of
the respective office a chief architect, a systems engineer, and
a chief talent officer to—
(A) develop a mission-driven Joint Cyber Warfighting
Architecture optimized for execution of missions of the
United States Cyber Command;
(B) ensure the office is properly and effectively staffed;
and
(C) advise the head of the office with respect to the
execution of—
(i) the central technical authority for the Joint
Cyber Warfighting Architecture;
(ii) the management of the implementation and
integration of the Joint Cyber Warfighting Architecture; and
(iii) technical direction provided to subordinates
responsible for individual Joint Cyber Warfighting
Architecture programs.
(2) STAFFING.—

H. R. 7776—494
(A) IN GENERAL.—The Secretary of Defense, in
coordination with the Commander of the United States
Cyber Command, shall ensure that the offices established
pursuant to subsection (a)(1) are appropriately staffed with
expert talent, including from the following organizations,
as appropriate:
(i) The headquarters staff of the United States
Cyber Command, the Cyber National Mission Force,
the Joint Force Headquarters-Cyber, and the Cyber
Mission Force.
(ii) The Capabilities Directorate of the National
Security Agency.
(iii) The military departments.
(iv) The Cyber Capabilities Support Office of the
Air Force.
(v) The Defense Advanced Research Projects
Agency.
(vi) The Strategic Capabilities Office.
(vii) Research laboratories of the military departments.
(viii) The Defense Information Systems Agency.
(B) TECHNICAL TALENT.—In addition to the requirement under subparagraph (A), to support the permanent
staffing of the offices established pursuant to subsection
(a)(1), the Commander of the United States Cyber Command shall ensure that the offices deliberately hire and
use technical talent resident in the defense industrial base,
commercial technology industry, federally funded research
and development centers, university affiliated research centers, and the rest of the Federal Government.
(e) BUDGET EXECUTION CONTROL.—The Secretary shall provide
to the United States Cyber Command the resources necessary to
support the program executive office established under subsection
(a)(1)(A) and the Commander of the United States Cyber Command
shall exercise budget execution control over component programs
of the Joint Cyber Warfighting Architecture that are subject to
the responsibilities assigned to the Commander by section 1507
of the National Defense Authorization Act for Fiscal Year 2022
(Public Law 117–81; 10 U.S.C. 167b note).
(f) CONSTELLATION PROGRAM.—The Director of the Defense
Advanced Research Projects Agency and the head of the program
executive office established under subsection (a)(1)(A) shall plan
and carry out the Constellation program by entering into transactions under section 4021 of title 10, United States Code. In
carrying out the preceding sentence, the Secretary shall establish
an effective framework and pipeline system for maturing cyber
operations-relevant technologies developed by the Agency, integrating the technologies into Joint Cyber Warfighting Architecture
capabilities, and transitioning the technologies into operational use
by the United States Cyber Command.
(g) TRANSITION.—The Secretary of Defense, in coordination with
the Commander of the United States Cyber Command, shall transition responsibilities for the management and execution of Joint
Cyber Warfighting Architecture programs from the military departments to the offices established pursuant to subsection (a)(1) by
the earlier of the following:
(1) The date on which—

H. R. 7776—495
(A) the offices are appropriately staffed and resourced;
and
(B) the Commander determines that the transition is
appropriate.
(2) The date that is five years after the date of the enactment of this Act.
(h) REVIEW.—Not later than one year after the date of the
enactment of this Act, the Under Secretary of Defense for Acquisition and Sustainment and the Commander of the United States
Cyber Command, in coordination with the Under Secretary of
Defense for Research and Engineering, the Principal Cyber Advisor
of the Department of Defense, the Secretaries of the military departments, the Director of the Defense Advanced Research Projects
Agency, and the Director of the National Security Agency, shall
submit to the congressional defense committees an integrated
review of the Joint Cyber Warfighting Architecture and all other
capabilities required for the execution of the missions of the United
States Cyber Command to determine the following:
(1) The extent to which capabilities of the United States
Cyber Command and the National Security Agency should be
joint, mutually available, integrated, or interoperable.
(2) Whether each of the Joint Cyber Warfighting Architecture capabilities has been effectively designed and architected
to enable each of the missions of the United States Cyber
Command.
(3) How the Joint Cyber Warfighting Architecture will support defense of the Department of Defense Information Network
and its relation to existing datasets, sensors, tools, firewalls,
and capabilities deployed at each echelon of the Department
of Defense Information Network.
(4) What data, capabilities, and technologies external to
the current Joint Cyber Warfighting Architecture programs,
as of the date of the review, should be acquired as part of
the Joint Cyber Warfighting Architecture and under the control
of the offices established pursuant to subsection (a)(1).
(5) What mission-specific data, capabilities, and technologies external to the current Joint Cyber Warfighting
Architecture programs should integrate with or be interoperable
with the Joint Cyber Warfighting Architecture system of systems.
(6) The organization and staffing of such offices, including—
(A) whether the program executive office should be
responsible for overseeing the acquisition of the cyber operations capabilities of the United States Cyber Command
generally or the Joint Cyber Warfighting Architecture
specifically;
(B) what subordinate program management offices
should be established under the program executive office;
(C) whether the Joint Cyber Warfighting Architecture
programs should be consolidated within a single program
management office; and
(D) which personnel should be appointed to such offices
pursuant to subsection (d)(1).
(7) The timeline for the execution of the transition under
subsection (g).

H. R. 7776—496
(8) The acquisition strategy of the Department for procuring
the Joint Cyber Warfighting Architecture and related capabilities, including relevant enterprise strategic initiatives and contracting strategies.
(9) The responsibilities of the United States Cyber Command J2, J3, J5, J6, J8, and J9 in acquiring, authorizing,
and managing cyber capabilities.
(10) The physical locations of the offices established pursuant to subsection (a)(1).
(i) BRIEFING REQUIRED.—Not later than 540 days after the
date of the enactment of this Act, the Under Secretary of Defense
for Acquisition and Sustainment and the Commander of the United
States Cyber Command shall jointly provide to the congressional
defense committees a briefing on the status of the implementation
of this section.
(j) REPEAL.—Section 1645 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 10 U.S.C. 4571
note prec.) is repealed.
(k) JOINT CYBER WARFIGHTING ARCHITECTURE DEFINED.—In
this section, the term ‘‘Joint Cyber Warfighting Architecture’’ means
the range of joint cyber warfighting systems and capabilities that
support the full spectrum of military cyber operations, as designated
by the Commander of the United States Cyber Command, and
includes any such successor effort.
SEC. 1510. INTEGRATED NON-KINETIC FORCE DEVELOPMENT.

(a) FORCE DEVELOPMENT.—
(1) IN GENERAL.—The Secretary of Defense shall establish
forces, capabilities, and information support to enable the
delivery of non-kinetic effects that provide increased survivability and effectiveness of military forces within a defense
planning scenario.
(2) FORCE PLANNING.—To support the development of the
forces, capabilities, and information support under paragraph
(1), the Secretary shall establish a force planning activity to
identify and define the relevant forces, capabilities, and
information support required to develop and deliver non-kinetic
effects within a defense planning scenario. The Secretary shall
ensure that the force planning activity identifies—
(A) desired operational effects within such scenario;
(B) the gaps that limit the ability to access important
targets, the development of capabilities, the conduct of
mission planning, and the execution of operations to deliver
such effects;
(C) the collection systems, analytic expertise and
capacity, analytic tools and processes, foreign materiel, and
product lines required to support development and delivery
of such effects;
(D) the forces required to deliver such effects, including
associated doctrine, training, expertise, organization,
authorities, and command and control arrangements; and
(E) the cyber, electronic warfare, sensing, and communications capabilities, and delivery platforms and mechanisms, required to achieve such effects and the extent
to which such capabilities, platforms, and mechanisms
should be integrated with each other.

H. R. 7776—497
(3) INITIAL ORGANIZATION STRUCTURE.—During an initial
period of not less than 24 months, the Under Secretary of
Defense for Research and Engineering shall organize the force
planning activity established under paragraph (2). The Under
Secretary shall designate a planning official from the Office
of the Under Secretary for Research and Engineering to lead
development and execution of the force planning activity, in
coordination with staff designated by the Director of the Joint
Staff of the Joint Chiefs of Staff. The designated planning
official shall select a lead technical director. After such initial
period, the Secretary may re-assign the force planning activity
to another organization under different leadership.
(4) PLAN FOR FOLLOW-ON ACTIVITIES.—Not later than 270
days after the date of the enactment of this Act, the Secretary
shall submit to the congressional defense committees a plan
for follow-on activities regarding the delivery of non-kinetic
effects described in paragraph (1). The Secretary shall ensure
the plan—
(A) includes the identification of dedicated resources
to be controlled by the designated planning official
described in paragraph (3) and an approach under which
the planning official apportions such resources across the
Department of Defense to establish, augment, and accelerate new and ongoing activities described in paragraph
(1) and subsections (b), (c), and (d); and
(B) identifies—
(i) a dedicated program element for non-kinetic
force development;
(ii) the suitability of the mission management
authorities established through the pilot program
under section 871 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81;
10 U.S.C. 191 note);
(iii) the utility of using joint capability technology
demonstrations to drive prototyping, experimentation,
and technical integration of non-kinetic capabilities;
(iv) how the Rapid Defense Experimentation
Reserve might drive prototyping, experimentation, and
technical integration of non-kinetic capabilities; and
(v) alignment with other experimentation activities
with the appropriate combatant commands.
(5) IMPLEMENTATION.—During the initial period specified
in paragraph (3), the designated planning official described
in such paragraph shall report directly to the Deputy Secretary
of Defense, to whom the official shall provide updates and
recommendations not less frequently than quarterly. The Secretary shall ensure that the force planning activity established
under paragraph (2) is supported by representatives from the
military services, relevant combatant commands, the Strategic
Capabilities Office, the Defense Advanced Research Projects
Agency, and other elements within the Department of Defense,
as appropriate.
(b) FORCES.—In order to generate the forces identified in subsection (a)(2)(D), the Secretary of Defense shall—
(1) through the Secretaries of the military departments
and the heads of other Department of Defense components,

H. R. 7776—498
as appropriate, establish appropriate forces and accompanying
doctrine, training, and tradecraft;
(2) acting through the Vice Chairman of the Joint Chiefs
of Staff, serving as the Chairman of the Joint Requirements
Oversight Council, ensure that appropriate requirements exist
to guide the development and fielding of forces and means
to deliver non-kinetic effects within a defense planning scenario;
(3) through the Under Secretary of Defense for Policy,
in coordination with the Chairman of the Joint Chiefs of Staff
and the combatant commands, establish appropriate command
and control structures and relationships governing such forces;
and
(4) determine the appropriate responsibilities of—
(A) Cyber Mission Force of the United States Cyber
Command;
(B) cyber, electronic warfare, and space forces provided
to other combatant commands; and
(C) other operational entities within the Department
of Defense in delivering non-kinetic effects.
(c) CAPABILITIES.—In order to develop the capabilities identified
in subsection (a)(2)(E), the Secretary of Defense, acting through
the Director of the Defense Advanced Research Projects Agency,
the Director of the Strategic Capabilities Office, the Secretaries
of the military departments, and the heads of other elements of
the Department of Defense, shall develop the capabilities required
for the delivery of non-kinetic effects within a defense planning
scenario.
(d) POLICY.—The Secretary of Defense, acting through the
Under Secretary of Defense for Policy and in coordination with
the Chairman of the Joint Chiefs of Staff, shall develop policy
governing the delivery of non-kinetic effects within a defense planning scenario.
(e) BRIEFING.—Not later than one year 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 of
the implementation of this section.
(f) NON-KINETIC EFFECTS DEFINED.—In this section, the term
‘‘non-kinetic effects’’ means effects achieved through radio-frequency
transmission of integrated cyber and electronic warfare techniques
and other related and supporting technical measures.
SEC. 1511. PROTECTION OF CRITICAL INFRASTRUCTURE.

(a) IN GENERAL.—In the event that the President determines
that there is an active, systematic, and ongoing campaign of attacks
in cyberspace by a foreign power against the Government or the
critical infrastructure of the United States, the President may
authorize the Secretary of Defense, acting through the Commander
of the United States Cyber Command, to conduct military cyber
activities or operations pursuant to section 394 of title 10, United
States Code, in foreign cyberspace to deter, safeguard, or defend
against such attacks.
(b) AFFIRMATION OF SCOPE OF CYBER ACTIVITIES OR OPERATIONS.—Congress affirms that the cyber activities or operations
referred to in subsection (a), when appropriately authorized, shall
be conducted consistent with section 394 of title 10, United States
Code.

H. R. 7776—499
(c) DEFINITION OF CRITICAL INFRASTRUCTURE.—In this section,
the term ‘‘critical infrastructure’’ has the meaning given that term
in subsection (e) of the Critical Infrastructure Protection Act of
2001 (42 U.S.C. 5195c(e)).
SEC. 1512. BUDGET DISPLAY FOR CRYPTOGRAPHIC MODERNIZATION
ACTIVITIES FOR CERTAIN SYSTEMS OF THE DEPARTMENT
OF DEFENSE.

(a) DISPLAY REQUIRED.—Beginning with fiscal year 2024, and
for each fiscal year thereafter, the Secretary of Defense shall include
with the budget justification materials submitted to Congress in
support of the budget of the Department of Defense for that fiscal
year (as submitted with the budget of the President under section
1105(a) of title 31, United States Code) a consolidated cryptographic
modernization budget justification display for each Department of
Defense system or asset that is protected by cryptography and
subject to certification by the National Security Agency (in this
section, referred to as ‘‘covered items’’).
(b) ELEMENTS.—Each display included under subsection (a) for
a fiscal year shall include the following:
(1) CRYPTOGRAPHIC MODERNIZATION ACTIVITIES.—(A)
Whether, in accordance with the schedule established under
section 153(a) of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (Public Law
116–283; 10 U.S.C. 142 note), the cryptographic modernization
for each covered item is pending, in progress, complete, or,
pursuant to paragraph (2) of such section, extended.
(B) The funding required for the covered fiscal year and
for each subsequent fiscal year of the Future Years Defense
Program to complete the pending or in progress cryptographic
modernization by the required replacement date of each covered
item.
(C)(i) A description of deviations between the funding
annually required to complete the modernization prior to the
required replacement date and the funding requested and
planned within the Future Years Defense Program.
(ii) An explanation—
(I) justifying the deviations; and
(II) of whether or how any delays resulting from a
deviation shall be overcome to meet the required replacement date.
(D) A description of operational or security risks resulting
from each deviation from the modernization schedule required
to meet replacement dates, including a current intelligence
assessment of adversary progress on exploiting the covered
item.
(E) For any covered item that remains in service past
its required replacement date, a description of the number
of times the covered item has been extended and the circumstances attending each such extension.
(2) MITIGATION ACTIVITIES FOR COVERED ITEMS.—(A)
Whether activities to mitigate the risks associated with projected failure to replace a covered item by the required replacement date are planned, in progress, or complete.
(B) The funding required for the covered fiscal year and
for each subsequent fiscal year for required mitigation activities

H. R. 7776—500
to complete any planned, pending, or in progress mitigation
activities for a covered item.
(C) A description of the activities planned in the covered
fiscal year and each subsequent fiscal year to complete mitigation activities and an explanation of the efficacy of the mitigations.
(c) FORM.—The display required by subsection (a) shall be
included in unclassified form, but may include a classified annex.
SEC. 1513. ESTABLISHING PROJECTS FOR DATA MANAGEMENT, ARTIFICIAL INTELLIGENCE, AND DIGITAL SOLUTIONS.

(a) ESTABLISHMENT OF PRIORITY PROJECTS.—The Deputy Secretary of Defense shall—
(1) establish priority enterprise projects for data management, artificial intelligence, and digital solutions for both business efficiency and warfighting capabilities intended to accelerate decision advantage; and
(2) assign responsibilities for execution and funding of the
projects established under paragraph (1).
(b) ACTIONS REQUIRED.—To ensure implementation of the priority projects of the Deputy Secretary of Defense under subsection
(a), and to instill data science and technology as a core discipline
in the Department of Defense, the Deputy Secretary shall—
(1) hold the heads of components accountable for—
(A) making their component’s data available for use
pursuant to the memorandum of the Deputy Secretary
of Defense dated May 5, 2021, and titled ‘‘Creating Data
Advantage’’, in accordance with plans developed and
approved by the head of the component and the Deputy
Secretary;
(B) developing, implementing, and reporting measurable actions to acquire, preserve, and grow the population
of government and contractor personnel with expertise in
data management, artificial intelligence, and digital solutions;
(C) making their components use data management
practices, analytics processes, enterprise cloud computing
environments, and operational test environments that are
made available and specifically approved by the head of
the component and the Deputy Secretary;
(D) identifying and reporting on an annual basis for
Deputy Secretary approval those ongoing programs and
activities and new initiatives within their components to
which the component head determines should be applied
advanced analytics, digital technology, and artificial intelligence; and
(E) developing and implementing cybersecurity and
artificial intelligence security solutions, including preventative and mitigative technical solutions, red team assessments, to protect artificial intelligence systems, data,
development processes, and applications from adversary
actions;
(2) require the Chief Digital and Artificial Intelligence
Officer, in coordination with the heads of components, to
develop and report on an actionable plan for the Deputy Secretary to reform the technologies, policies, and processes used
to support accreditation and authority to operate decisions to

H. R. 7776—501
enable rapid deployment into operational environments of
newly developed government, contractor, and commercial data
management, artificial intelligence, and digital solutions software;
(3) require the Under Secretary of Defense for Personnel
and Readiness, in coordination with the Chief Digital and Artificial Intelligence Officer and heads of components to define
and establish career paths, work roles, and occupational specialties for civilian and military personnel in the fields of data
management, artificial intelligence, and digital solutions for
the Deputy Secretary’s approval; and
(4) establish a Departmental management reform goal for
adoption and integration artificial intelligence or machine
learning into business and warfighting processes, including the
tracking of metrics, milestones, and initiatives to measure the
progress of the Department in meeting that goal.
(c) BRIEFINGS REQUIRED.—Not later than 180 days after the
date of the enactment of this Act, and annually thereafter until
December 31, 2025, the Deputy Secretary shall provide to the
congressional defense committees a briefing on directives issued
by the Deputy Secretary to implement the requirements of this
section and the status of implementation actions.
(d) COMPONENT DEFINED.—In this section, the term ‘‘component’’ means a military department, a combatant command, or
a Defense Agency of the Department of Defense.
SEC. 1514. OPERATIONAL TESTING FOR COMMERCIAL CYBERSECURITY
CAPABILITIES.

(a) DEVELOPMENT AND SUBMISSION OF PLANS.—Not later than
February 1, 2024, the Chief Information Officer of the Department
of Defense and the Chief Information Officers of the military departments shall develop and submit plans described in subsection (b)
to the Director of Operational Test and Evaluation who may approve
the implementation of the plans pursuant to subsection (c).
(b) PLANS DESCRIBED.—The plans described in this subsection
are plans that—
(1) ensure covered cybersecurity capabilities are appropriately tested, evaluated, and proven operationally effective,
suitable, and survivable prior to operation on a Department
of Defense network; and
(2) specify how test results will be expeditiously provided
to the Director of Operational Test and Evaluation.
(c) ASSESSMENT.—In reviewing the plans submitted under subsection (a), the Director of Operational Test and Evaluation shall
conduct an assessment that includes consideration of the following:
(1) Threat-realistic operational testing, including representative environments, variation of operational conditions, and
inclusion of a realistic opposing force.
(2) The use of Department of Defense cyber red teams,
as well as any enabling contract language required to permit
threat-representative red team assessments.
(3) Collaboration with the personnel using the commercial
cybersecurity capability regarding the results of the testing
to improve operators’ ability to recognize and defend against
cyberattacks.

H. R. 7776—502
(4) The extent to which additional resources may be needed
to remediate any shortfalls in capability to make the commercial cybersecurity capability effective, suitable, and cyber
survivable in an operational environment of the Department.
(5) Identification of training requirements, and changes
to training, sustainment practices, or concepts of operation
or employment that may be needed to ensure the effectiveness,
suitability, and cyber survivability of the commercial cybersecurity capability.
(d) POLICIES AND REGULATIONS.—Not later than February 1,
2024, the Secretary of Defense shall issue such policies and guidance
and prescribe such regulations as the Secretary determines necessary to carry out this section.
(e) REPORTS.—Not later than January 31, 2025, and not less
frequently than annually thereafter until January 31, 2030, the
Director shall include in each annual report required by section
139(h) of title 10, United States Code, the following:
(1) The status of the plans developed under subsection
(a).
(2) The number and type of test and evaluation events
completed in the past year for such plans, disaggregated by
component of the Department, and including resources devoted
to each event.
(3) The results from such test and evaluation events,
including any resource shortfalls affecting the number of
commercial cybersecurity capabilities that could be assessed.
(4) A summary of identified categories of common gaps
and shortfalls found during testing.
(5) The extent to which entities responsible for developing
and testing commercial cybersecurity capabilities have
responded to recommendations made by the Director in an
effort to gain favorable determinations.
(6) Any identified lessons learned that would impact
training, sustainment, or concepts of operation or employment
decisions relating to the assessed commercial cybersecurity
capabilities.
(f) DEFINITION.—In this section, the term ‘‘covered cybersecurity
capabilities’’ means any of the following:
(1) Commercial products (as defined in section 103 of title
41, United States Code) acquired and deployed by the Department of Defense to satisfy the cybersecurity requirements of
one or more Department components.
(2) Commercially available off-the-shelf items (as defined
in section 104 of title 41, United States Code) acquired and
deployed by the Department of Defense to satisfy the cybersecurity requirements of one or more Department components.
(3) Noncommercial items acquired through the Adaptive
Acquisition Framework and deployed by the Department of
Defense to satisfy the cybersecurity requirements of one or
more Department components.

H. R. 7776—503

Subtitle B—Information Operations
SEC. 1521. REQUIREMENT TO NOTIFY CHIEF OF MISSION OF MILITARY
OPERATION IN THE INFORMATION ENVIRONMENT.

Chapter 19 of title 10, United States Code, as amended by
section 1551, is further amended by adding at the end the following
new section (and conforming the table of sections at the beginning
of such chapter accordingly):
‘‘§ 399. Notifications relating to military operations in the
information environment: requirement to notify
Chief of Mission
‘‘The Secretary may not authorize a military operation in the
information environment under this title intended to cause an effect
in a country unless the Secretary fully informs the chief of mission
for that country under section 207 of the Foreign Service Act
of 1980 (22 U.S.C. 3927) of the planned operation.’’.
SEC. 1522. ASSESSMENT AND OPTIMIZATION OF DEPARTMENT OF
DEFENSE INFORMATION AND INFLUENCE OPERATIONS
CONDUCTED THROUGH CYBERSPACE.

(a) ASSESSMENT AND PLAN.—Not later than 90 days after the
date of the enactment of this Act, the Principal Information Operations Advisor and the Principal Cyber Advisor to the Secretary
of Defense shall complete both an assessment and an optimization
plan for information and influence operations conducted through
cyberspace.
(b) ELEMENTS.—The assessment under subsection (a) shall
include the following:
(1) An inventory of the components of the Department
of Defense conducting information and influence operations
conducted through cyberspace.
(2) An examination of sufficiency of resources allocated
for information and influence operations conducted through
cyberspace.
(3) An evaluation of the command and control, oversight,
and management of matters related to information and influence operations conducted through cyberspace across the Office
of the Secretary of Defense and the Joint Staff.
(4) An evaluation of the existing execution, coordination,
synchronization, deconfliction, and consultative procedures and
mechanisms for information and influence operations conducted
through cyberspace.
(5) Any other matters determined relevant by the Principal
Information Operations Advisor and the Principal Cyber
Advisor to the Secretary of Defense.
(c) OPTIMIZATION PLAN.—The optimization plan under subsection (a) shall include the following:
(1) Actions that the Department will implement to improve
the execution, coordination, synchronization, deconfliction, and
consultative procedures and mechanisms for information and
influence operations conducted through cyberspace.
(2) An evaluation of potential organizational changes
required to optimize information and influence operations conducted through cyberspace.

H. R. 7776—504
(3) Any other matters determined relevant by the Principal
Information Operations Advisor and the Principal Cyber
Advisor to the Secretary of Defense.
(d) BRIEFINGS.—Not later than 30 days after completing the
assessment and optimization plan under subsection (a), the Principal Information Operations Advisor and the Principal Cyber
Advisor to the Secretary of Defense shall provide to the congressional defense committees a briefing on the assessment and plan.
(e) IMPLEMENTATION.—Not later than 180 days after the date
on which the briefing is provided under subsection (d), the Secretary
of Defense shall implement the optimization plan under subsection
(a).
SEC. 1523. JOINT INFORMATION OPERATIONS COURSE.

(a) JOINT INFORMATION OPERATIONS COURSE.—The Secretary
of Defense shall develop and provide to members of the Army,
Navy, Air Force, Marine Corps, and Space Force a course to prepare
the members to plan and conduct information operations in a joint
environment pursuant to title 10, United States Code. Such course
shall include—
(1) standardized qualifications and procedures to enable
the joint and synchronized employment of information-related
capabilities in the information environment;
(2) joint methods to implement information operations in
a battlefield environment under any ground force chain of command; and
(3) a curriculum covering applicable assets, core information operations concepts, integration of effects with a specific
focus on information-related effects, operational methodology,
multi-dimensional targeting space, other information-related
capabilities defined by governing policy, instruction, publications, and doctrine, and any other topics or areas determined
necessary by the Secretary.
(b) CONSIDERATION OF ONGOING EFFORTS.—The Secretary shall
ensure that the course under subsection (a) is developed in light
of the information operations posture review, gap analysis, strategy
update, and designation of a Joint Force Trainer, occurring as
of the date of the enactment of this Act.
(c) SEMIANNUAL REPORTS.—Subsequent to the development of
the course under subsection (a), on a semiannual basis through
January 1, 2028, the Secretary shall submit to the congressional
defense committees a report on the course. Each report shall
include, with respect to the period covered by the report—
(1) the number of members described in subsection (a)
who attended the course; and
(2) an assessment of the value of the course in—
(A) conducting joint operations in the information
environment; and
(B) the synchronized employment of informationrelated capabilities in the information environment.
SEC. 1524. LIMITATION ON AVAILABILITY OF CERTAIN FUNDS UNTIL
SUBMISSION OF JOINT LEXICON FOR TERMS RELATED
TO INFORMATION OPERATIONS.

Of the funds authorized to be appropriated by this Act or
otherwise made available for fiscal year 2023 for operation and
maintenance, Defense-wide, and available for the Office of the Secretary of Defense for the travel of persons, not more than 75

H. R. 7776—505
percent may be obligated or expended until the date on which
the Secretary submits to the Committees on Armed Services of
the House of Representatives and the Senate the joint lexicon
for terms related to information operations required by section
1631(g)(1)(D) of the National Defense Authorization Act for Fiscal
Year 2020 (Public Law 116–92; 10 U.S.C. 397 note).
SEC. 1525. LIMITATION ON AVAILABILITY OF FUNDS PENDING SUBMITTAL OF INFORMATION OPERATIONS STRATEGY AND
POSTURE REVIEW.

Of the funds authorized to be appropriated by this Act or
otherwise made available for fiscal year 2023 for operation and
maintenance, Defense-wide, for the Office of the Secretary of
Defense for the travel of persons, not more than 75 percent may
be obligated or expended until the date that is 15 days after
the date on which the Secretary of Defense submits to the Committees on Armed Services of the Senate and the House of Representatives the information operations strategy and posture review,
including the designation of Information Operations Force Providers
and Information Operations Joint Force Trainers for the Department of Defense, as required by section 1631(g) of the National
Defense Authorization Act for Fiscal Year 2020 (Public Law 116–
92; 10 U.S.C. 397 note).
SEC. 1526. LIMITATION ON AVAILABILITY OF CERTAIN FUNDS UNTIL
SUBMISSION OF ASSESSMENTS RELATING TO CYBERSECURITY OF THE DEFENSE INDUSTRIAL BASE.

(a) LIMITATION.—Of the funds authorized to be appropriated
by this Act or otherwise made available for fiscal year 2023 for
operation and maintenance, Defense-wide, and available for the
Office of the Secretary of Defense, not more than 75 percent may
be obligated or expended until the Deputy Secretary of Defense—
(1) conducts the assessments under subsection (b); and
(2) provides to the congressional defense committees the
briefing under subsection (c).
(b) ASSESSMENTS.—The Deputy Secretary shall conduct the following assessments:
(1) An assessment of the framework for cybersecurity of
the defense industrial base required by section 1648 of the
National Defense Authorization Act for Fiscal Year 2020 (Public
Law 116-92; 10 U.S.C. 2224 note) to determine whether—
(A) the current framework and plans for defense industrial base cybersecurity are sufficient; and
(B) alternative or additional courses of action should
be considered or adopted, including—
(i) establishing a secure software development
environment in a cloud environment inside the cybersecurity perimeter of the Department for contractors to
perform their development work;
(ii) establishing a secure cloud environment
through which contractors may access the data of the
Department needed for their contract work;
(iii) enabling contractors to access cybersecurityas-a-service offerings, including cybersecurity services
provided by the Department;
(iv) limiting the amount of program information
held at tiers of subcontractors to that which is necessary for contract performance; and

H. R. 7776—506
(v) mechanisms and processes to rationalize and
integrate the many separately managed defense industrial base cybersecurity programs and activities conducted across the Department of Defense.
(2) An assessment of past and future planned activities
of the Department of Defense in furtherance of section 1724
of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116–283;
10 U.S.C. 2224), including a detailed review of roles and responsibilities, and supporting instructions and policy documents,
for the Principal Cyber Advisor of the Department of Defense,
the Chief Information Officer of the Department of Defense,
the Under Secretary of Defense for Acquisition and
Sustainment, the Under Secretary of Defense for Policy, and
the Under Secretary of Defense for Intelligence and Security,
and the Under Secretary of Defense (Comptroller).
(c) BRIEFING.—The Deputy Secretary shall provide to the
congressional defense committees a briefing on the assessments
conducted under subsection (b) and any decisions of and directions
by the Deputy Secretary for improving the cybersecurity of the
defense industrial base.

Subtitle C—Personnel
SEC. 1531. CYBER OPERATIONS-PECULIAR AWARDS.

Chapter 57 of title 10, United States Code, is amended by
inserting after section 1124 the following new section:
‘‘§ 1124a. Cyber operations-peculiar awards
‘‘(a) AUTHORITY.—The Secretary of Defense and the Secretaries
of the military departments may authorize the payment of a cash
award to, and incur necessary expense for the honorary recognition
of, a member of the covered armed forces whose novel actions,
invention, or technical achievement enables or ensures operational
outcomes in or through cyberspace against threats to national security.
‘‘(b) ACTIONS DURING SERVICE.—An award under this section
may be paid notwithstanding the member’s death, separation, or
retirement from the covered armed forces. However, the novel
action, invention, or technical achievement forming the basis for
the award must have been made while the member was on active
duty or in an active reserve status and not otherwise eligible
for an award under chapter 45 of title 5.
‘‘(c) PAYMENT.—Awards to, and expenses for the honorary recognition of, members of the covered armed forces under this section
may be paid from—
‘‘(1) the funds or appropriations available to the activity
primarily benefiting from the novel action, invention, or technical achievement; or
‘‘(2) the several funds or appropriations of the various
activities benefiting from the novel action, invention, or technical achievement.
‘‘(d) AMOUNTS.—The total amount of the award, or awards,
made under this section for a novel action, invention, or technical
achievement may not exceed $2,500, regardless of the number of
persons who may be entitled to share therein.

H. R. 7776—507
‘‘(e) REGULATIONS.—Awards under this section shall be made
under regulations to be prescribed by the Secretary of Defense
or by the Secretaries of the military departments.
‘‘(f) COVERED ARMED FORCES DEFINED.—In this section, the
term ‘covered armed forces’ means the Army, Navy, Air Force,
Marine Corps, and Space Force.’’.
SEC. 1532. ESTABLISHMENT OF CYBER OPERATIONS DESIGNATOR AND
RATING FOR THE NAVY.

(a) MILITARY CAREER FIELD.—
(1) OFFICERS.—Not later than 180 days after the date
of the enactment of this Act, the Secretary of the Navy, in
coordination with the Chief of Naval Operations, shall establish
a cyber warfare operations designator for officers (including
an intended billet base, functions, and training pipeline), which
shall be a separate designator from the cryptologic warfare
officer designator.
(2) ENLISTED.—Not later than 90 days after the date of
the enactment of this Act, the Secretary, in coordination with
the Chief, shall establish a cyber warfare rating for enlisted
personnel (including an intended billet base, functions, and
training pipeline), which shall be a separate rating from the
cryptologic technician enlisted rating.
(3) PLAN.—Not later than 90 days after the date of the
enactment of this Act, the Secretary, in coordination with the
Chief, shall submit to the Committees on Armed Services of
the House of Representatives and the Senate an implementation plan to carry out paragraphs (1) and (2).
(b) REQUIREMENT.—
(1) DEADLINE.—Except as provided by paragraphs (2) and
(3), the Secretary shall ensure that, beginning October 1, 2025,
members of the Navy assigned to the cyber mission force shall
be qualified with either the designator or rating established
under subsection (a), as the case may be.
(2) EXCEPTION.—The requirement under paragraph (1)
shall not apply to—
(A) a member of the Navy who is assigned to the
cyber mission force under orders issued before October
1, 2025; or
(B) a position whose primary function is the provision
of intelligence, foreign language, or administrative support
to the cyber mission force.
(3) WAIVER.—The Secretary may waive, on a case-by-case
basis, the requirement under paragraph (1), except that the
total number of such waivers made during a fiscal year may
not exceed 10 percent of the total number of members of the
Navy assigned to the cyber mission force (not counting members
assigned to a position described in paragraph (2)(B)).
(c) RESERVE MATTERS.—Not later than 180 days after the date
of the enactment of this Act, the Secretary, in coordination with
the Chief, shall direct the Chief of Navy Reserve to establish,
and retain, a cadre of members of the Navy Reserve with the
designator and rating established under subsection (a).
(d) OFFICER QUALIFICATIONS AND TRAINING.—The Secretary,
in coordination with the Chief of Naval Operations and in consultation with the Commander of the United States Cyber Command,
shall ensure that the designator established under subsection (a)(1)

H. R. 7776—508
includes the development and execution of a training curriculum
and qualification standards commensurate with those of the cyber
officers of the Army and the Air Force.
(e) COMMUNITY MANAGEMENT.—Not later than 270 days after
the date of the enactment of this Act, the Secretary, acting through
the Principal Cyber Advisor of the Navy, shall submit to the
congressional defense committees, and provide to such committees
a briefing on, the findings of a study on whether the designator
and rating established under subsection (a), along with the Maritime Space Officer and the Cyberspace Warfare Engineer, should
continue to be considered part of the information warfare community.
(f) REPORT.—Not later than one year after the date of the
enactment of this Act, the Secretary shall submit to the Committees
on Armed Services of the House of Representatives and Senate
a report certifying that the following actions have been carried
out or are in the process of being completed (including detailed
explanations):
(1) An identification by the Chief of Naval Operations
of the resource manager within the Office of the Chief of Naval
Operations for the designator and rating established under
subsection (a).
(2) An identification by the Chief of the type command
at United States Fleet Forces Command responsible for manning and training the designator and rating established under
subsection (a).
(3) An inventory of those billets within the Cyber Mission
Force, or any other service or joint assignment that requires
personnel (both officer and enlisted) to conduct operations
through cyberspace.
(4) An inventory and position description of the those positions within the Cyber Mission Force that have been identified
under subsection (b)(2)(B).
(5) A funding profile detailing the complete costs associated
with the designator and rating established under subsection
(a), including costs associated with meeting the training
requirements of the United States Cyber Command for the
period covered by the most recent future-years defense program
submitted to Congress under section 221 of title 10, United
States Code.
(6) An inventory of all flag officer positions at joint and
naval components and commands conducting or managing
cyberspace operations and activities, including with respect
to—
(A) the United States Cyber Command;
(B) the Fleet Cyber Command;
(C) Joint Forces Headquarters-Cyber, Navy;
(D) 10th Fleet;
(E) the Deputy Chief of Naval Operations for Information Warfare and the Director of Naval Intelligence; and
(F) Naval Information Forces.
(7) An update to the plan required under subsection (a)(3),
including timelines and procedures, for filling the positions
within the cyber mission force for which the Secretary is responsible.

H. R. 7776—509
(8) Any anticipated changes to the end-strength of the
Navy by reason of establishing the designator and rating under
subsection (a).
(9) The implementation of the designator and rating established under subsection (a) within the Navy Reserve.
(10) The development and execution of the training curriculum and qualification standards under subsection (d).
(g) LEADERSHIP QUALIFICATIONS.—The Secretary shall ensure
that flag officers with the cyber warfare operations designator established under subsection (a) are primarily employed in billets identified under subsection (f)(6).
(h) DETERMINATION BY CYBER COMMAND.—Not later than 60
days after the date on which the Secretary submits the report
under subsection (f), the Commander of the United States Cyber
Command shall submit to the Committees on Armed Services of
the House of Representatives and Senate a determination with
respect to whether the matters contained in the report satisfy
the requirements of the United States Cyber Command.
SEC. 1533. TOTAL FORCE GENERATION FOR THE CYBERSPACE OPERATIONS FORCES.

(a) STUDY.—
(1) REQUIREMENT.—Not later than June 1, 2024, the Secretary of Defense shall complete a study on the responsibilities
of the military services for organizing, training, and presenting
the total force to United States Cyber Command.
(2) ELEMENTS.—The study under paragraph (1) shall assess
the following:
(A) Which military services should man, train, equip,
and organize the forces necessary to execute the functions
and missions of the Cyber Mission Force and the Cyberspace Operations Forces for assignment, allocation, and
apportionment to, or under the directive authority of, the
United States Cyber Command.
(B) The sufficiency of the military service accession
and training model to provide forces to the Cyberspace
Operations Forces and the sufficiency of the accessions
and personnel resourcing of the supporting command and
control staffs necessary as a component to the United
States Cyber Command.
(C) The organization of the Cyber Mission Forces and
whether the total forces or elements of the forces function
best as a collection of independent teams or through a
different model.
(D) How to correct chronic shortages of proficient personnel in key work roles.
(E) The need for additional work roles or skills to
enable effective infrastructure management and generate
access to targets.
(F) What unique or training-intensive expertise is
required for each of the work roles identified in subparagraph (E) and whether native talents to master unique
and training-intensive work roles can be identified and
how personnel with those talents can be developed,
retained, and employed across the active and reserve
components.

H. R. 7776—510
(G) The appropriate pay scales, rotation or force
management policies, career paths and progression, expertise-based grading, talent management practices, and
training for each of those work roles, given expected operational requirements.
(H) Whether a single military service should be responsible for basic, intermediate, and advanced training for
the Cyber Mission Force.
(I) The level of training required before an individual
should be assigned, allocated, or apportioned to the United
States Cyber Command.
(J) Whether or how the duties of the Director of the
National Security Agency and the duties of the Commander
of United States Cyber Command, resting with a single
individual, enable each respective organization, and
whether technical directors and intelligence experts of the
National Security Agency should serve rotations in the
Cyber Mission Force.
(K) How nonmilitary personnel, such as civilian government employees, contracted experts, commercial partners,
and domain or technology-specific experts in industry or
the intelligence community can serve in, augment, or support Cyber Mission Force teams.
(L) What work roles in the Cyberspace Operations
Forces can only be filled by military personnel, which work
roles can be filled by civilian employees or contractors,
and which work roles should be filled partially or fully
by civilians due to the need for longevity of service to
achieve required skill levels or retention rates.
(M) How specialized cyber experience, developed and
maintained in the reserve component, can be more effectively leveraged to support the Cyberspace Operations
Forces through innovative force generation models.
(N) Whether the Department of Defense should create
a separate service to perform the functions and missions
currently performed by Cyber Mission Force units generated by multiple military services.
(O) Whether the Department of Defense is maximizing
partnerships with industry and other nontraditional
sources of expertise and capacity in the areas of critical
infrastructure protection and information sharing.
(P) Whether the Defense Readiness Reporting System
of the Department of Defense is sufficient to capture Cyber
Mission Force readiness metrics.
(3) CONSIDERATIONS.—The study required by paragraph
(1) shall consider existing models for total force generation
practices and programs, as well as nontraditional and creative
alternatives.
(b) RECOMMENDATIONS.—
(1) IN GENERAL.—Not later than June 1, 2024, the Principal
Cyber Advisor of the Department of Defense and the Commander of the United States Cyber Command shall submit
to the Secretary of Defense one or more recommendations,
respectively, as to the future total force generation model for
both the Cyber Mission Force and the Cyberspace Operations
Forces.

H. R. 7776—511
(2) MATTERS ADDRESSED.—The recommendations under
paragraph (1) shall address, at a minimum, each of the elements identified in subsection (a)(2).
(c) ESTABLISHMENT OF A REVISED MODEL REQUIRED.—
(1) IN GENERAL.—Not later than December 31, 2024, the
Secretary of Defense shall establish a revised total force generation model for the Cyberspace Operations Forces.
(2) ELEMENTS.—In establishing a revised total force generation model under paragraph (1), the Secretary shall explicitly
determine the following:
(A) Whether the Navy should no longer be responsible
for developing and presenting forces to the United States
Cyber Command as part of the Cyber Mission Force or
Cyberspace Operations Forces, including recommendations
for corresponding transfer of responsibilities and associated
resources and personnel for the existing and future year
programmed Cyberspace Operations Forces or Cyber Mission Force resources.
(B) Whether a single military service should be responsible for organizing, training, and equipping the Cyberspace
Operations Forces, or if different services should be responsible for different components of the Cyberspace Operations
Forces.
(C) Whether modification of United States Cyber Command enhanced budget control authorities are necessary
to further improve total force generation for Cyberspace
Operations Forces.
(D) Implications of low service retention rates for critical roles within the Cyber Mission Force, and the mix
of actions necessary to correct them, including multiple
rotations in critical work roles, length of service commitments, repeat tours within the Cyber Mission Force, retention incentives across the entire Cyberspace Operations
Forces, and best practices for generating the future force.
(d) IMPLEMENTATION PLAN.—Not later than June 1, 2025, the
Secretary shall submit to the congressional defense committees
an implementation plan for effecting the revised total force generation model required under subsection (c).
(e) PROGRESS BRIEFING.—Not later than 90 days after the date
of the enactment of this Act, and not less frequently than once
every 180 days thereafter until receipt of the plan required by
subsection (d), the Secretary shall provide the congressional defense
committees with a briefing on the progress made in carrying out
this section.
(f) ADDITIONAL CONSIDERATIONS.—The Secretary shall ensure
that subsections (a) through (c) are carried out with consideration
to matters relating to the following:
(1) The cybersecurity service providers, local defenders,
and information technology personnel who own, operate, and
defend the information networks of the Department of Defense.
(2) Equipping the Cyberspace Operations Forces to include
infrastructure management.
(3) Providing intelligence support to the Cyberspace Operations Forces.
(4) The resources, including billets, needed to account for
any recommended changes.

H. R. 7776—512
SEC. 1534. CORRECTING CYBER MISSION FORCE READINESS SHORTFALLS.

(a) PLAN AND BRIEFING REQUIRED.—Not later than 180 days
after the date of the enactment of this Act, the Secretary of Defense,
the Chairman of the Joint Chiefs of Staff, and the Secretaries
of the military departments shall jointly—
(1) develop a near-term plan to correct readiness shortfalls
in the Cyber Mission Forces over the period covered by the
most recent future-years defense program submitted to Congress under section 221 of title 10, United States Code;
(2) develop recommendations for such legislative action
as the Secretary of Defense, the Chairman, and the Secretaries
of the military departments jointly consider appropriate to correct the readiness shortfalls described in paragraph (1); and
(3) provide to the congressional defense committees a
briefing on the plan under paragraph (1) and the recommendations under paragraph (2).
(b) IMPLEMENTATION.—Not later than 30 days after the date
of the briefing provided under paragraph (3) of subsection (a),
the Secretary of Defense and the Chairman shall commence
implementation of the aspects of the plan developed under paragraph (1) of such subsection that are not dependent upon legislative
action.
(c) MATTERS TO BE ADDRESSED.—In developing the plan under
paragraph (1) of subsection (a), the Secretary of Defense, the Chairman, and the Secretaries of the military departments shall consider
and explicitly address through analysis the following potential
courses of action, singly and in combination, to increase the availability of personnel in key work roles:
(1) Determining the correct number of personnel necessary
to fill key work roles, including the proper force mix of civilian,
military, and contractor personnel, and the means necessary
to meet those requirements.
(2) Employing civilians rather than military personnel in
key work roles.
(3) Expanding training capacity.
(4) Modifying or creating new training models.
(5) Maximizing use of compensation and incentive authorities, including increasing bonuses and special pays, and alternative compensation mechanisms.
(6) Modifying career paths and service policies to permit
consecutive assignments in key work roles without jeopardizing
promotion opportunities.
(7) Increasing service commitments following training
commensurate with the value of the key work role training.
(8) Standardizing compensation models across the services.
(9) Requiring multiple rotations within the Cyber Mission
Forces for key work roles.
(10) Adopting and implementing what are known as ‘‘rank
in person’’ policies that enable civilian personnel to be promoted
on the basis of skills and abilities demonstrated in a given
position.
(11) A review of departmental guidance and processes consistent with section 167b(d)(2)(A)(x) of title 10, United States
Code, with respect to the authority of the Commander of United
States Cyber Command to monitor the promotions of certain
cyber operations forces and coordinate with the Secretaries

H. R. 7776—513
regarding the assignment, retention, training, professional military education, and special and incentive pays of certain cyber
operations forces, including—
(A) the recruiting, retention, professional military education, and promotion of certain cyber operations personnel;
(B) the sharing of personnel data between the military
departments and the United States Cyber Command; and
(C) structures, departmental guidance, and processes
developed between the military departments and the
United States Special Operations Command with respect
to the authority of the Commander of the United States
Special Operations Command described in section
167(e)(2)(J) of title 10, United States Code, that could be
used as a model for the United States Cyber Command.
(d) KEY WORK ROLES DEFINED.—In this section, the term ‘‘key
work roles’’ means work roles that consist of access development,
tool development, and exploitation analysis.
SEC. 1535. DEPARTMENT OF DEFENSE CYBER AND DIGITAL SERVICE
ACADEMY.

(a) ESTABLISHMENT.—
(1) IN GENERAL.—The Secretary of Defense, in consultation
with the Secretary of Homeland Security and the Director
of the Office of Personnel and Management, shall establish
a program to provide financial support for pursuit of programs
of education at institutions of high education in covered disciplines.
(2) COVERED DISCIPLINES.—For purposes of the Program,
a covered discipline is a discipline that the Secretary of Defense
determines is critically needed and is cyber- or digital technology-related, including the following:
(A) Computer-related arts and sciences.
(B) Cyber-related engineering.
(C) Cyber-related law and policy.
(D) Applied analytics related sciences, data management, and digital engineering, including artificial intelligence and machine learning.
(E) Such other disciplines relating to cyber, cybersecurity, digital technology, or supporting functions as the Secretary of Defense considers appropriate.
(3) DESIGNATION.—The program established under paragraph (1) shall be known as the ‘‘Department of Defense Cyber
and Digital Service Academy’’ (in this section referred to as
the ‘‘Program’’).
(b) PROGRAM DESCRIPTION AND COMPONENTS.—The Program
shall—
(1) provide scholarships through institutions of higher education to students who are enrolled in programs of education
at such institutions leading to degrees or specialized program
certifications in covered disciplines; and
(2) prioritize the placement of scholarship recipients fulfilling the post-award employment obligation under this section.
(c) SCHOLARSHIP AMOUNTS.—
(1) AMOUNT OF ASSISTANCE.—(A) Each scholarship under
the Program shall be in such amount as the Secretary determines necessary—

H. R. 7776—514
(i) to pay all educational expenses incurred by that
person, including tuition, fees, cost of books, and laboratory
expenses, for the pursuit of the program of education for
which the assistance is provided under the Program; and
(ii) to provide a stipend for room and board.
(B) The Secretary shall ensure that expenses paid are
limited to those educational expenses normally incurred by
students at the institution of higher education involved.
(2) SUPPORT FOR INTERNSHIP ACTIVITIES.—The financial
assistance for a person under this section may also be provided
to support internship activities of the person in the Department
of Defense and combat support agencies in periods between
the academic years leading to the degree or specialized program
certification for which assistance is provided the person under
the Program.
(3) PERIOD OF SUPPORT.—Each scholarship under the Program shall be for not more than 5 years.
(4) ADDITIONAL STIPEND.—Students demonstrating financial need, as determined by the Secretary, may be provided
with an additional stipend under the Program.
(d) POST-AWARD EMPLOYMENT OBLIGATIONS.—Each scholarship
recipient, as a condition of receiving a scholarship under the Program, shall enter into an agreement under which the recipient
agrees to work for a period equal to the length of the scholarship,
following receipt of the student’s degree or specialized program
certification, in the cyber- and digital technology-related missions
of the Department, in accordance with the terms and conditions
specified by the Secretary in regulations the Secretary shall promulgate to carry out this subsection.
(e) HIRING AUTHORITY.—In carrying out this section, specifically
with respect to enforcing the obligations and conditions of employment under subsection (d), the Secretary may use any authority
otherwise available to the Secretary for the recruitment, employment, and retention of civilian personnel within the Department,
including authority under section 1599f of title 10, United States
Code.
(f) ELIGIBILITY.—To be eligible to receive a scholarship under
the Program, an individual shall—
(1) be a citizen or lawful permanent resident of the United
States;
(2) demonstrate a commitment to a career in improving
the security of information technology or advancing the development and application of digital technology;
(3) have demonstrated a high level of competency in relevant knowledge, skills, and abilities, as defined by the national
cybersecurity awareness and education program under section
303 of the Cybersecurity Enhancement Act of 2014 (15 U.S.C.
7443);
(4) be a full-time student, or have been accepted as a
full-time student, in a program leading to a degree or specialized program certification in a covered discipline at an institution of higher education;
(5) enter into an agreement accepting and acknowledging
the post award employment obligations, pursuant to section
(d);
(6) accept and acknowledge the conditions of support under
section (g); and

H. R. 7776—515
(7) meet such other requirements for a scholarship as determined appropriate by the Secretary.
(g) CONDITIONS OF SUPPORT.—
(1) IN GENERAL.—As a condition of receiving a scholarship
under this section, a recipient shall agree to provide the Office
of Personnel Management (in coordination with the Department
of Defense) and the institutions of higher education described
in subsection (a)(1) with annual verifiable documentation of
post-award employment and up-to-date contact information.
(2) TERMS.—A scholarship recipient under the Program
shall be liable to the United States as provided in subsection
(i) if the individual—
(A) fails to maintain an acceptable level of academic
standing at the applicable institution of higher education,
as determined by the Secretary;
(B) is dismissed from the applicable institution of
higher education for disciplinary reasons;
(C) withdraws from the eligible degree program before
completing the Program;
(D) declares that the individual does not intend to
fulfill the post-award employment obligation under this
section;
(E) fails to maintain or fulfill any of the post-graduation or post-award obligations or requirements of the individual; or
(F) fails to fulfill the requirements of paragraph (1).
(h) MONITORING COMPLIANCE.—As a condition of participating
in the Program, an institution of higher education shall—
(1) enter into an agreement with the Secretary to monitor
the compliance of scholarship recipients with respect to their
post-award employment obligations; and
(2) provide to the Secretary and the Director of the Office
of Personnel Management, on an annual basis, the post-award
employment documentation required under subsection (g)(1)
for scholarship recipients through the completion of their postaward employment obligations.
(i) AMOUNT OF REPAYMENT.—
(1) LESS THAN 1 YEAR OF SERVICE.—If a circumstance
described in subsection (g)(2) occurs before the completion of
1 year of a post-award employment obligation under the Program, the total amount of scholarship awards received by the
individual under the Program shall be considered a debt to
the Government and repaid in its entirety.
(2) 1 OR MORE YEARS OF SERVICE.—If a circumstance
described in subparagraph (D) or (E) of subsection (g)(2) occurs
after the completion of 1 or more years of a post-award employment obligation under the Program, the total amount of scholarship awards received by the individual under the Program,
reduced by the ratio of the number of years of service completed
divided by the number of years of service required, shall be
considered a debt to the Government and repaid in accordance
with subsection (j).
(j) REPAYMENTS.—A debt described subsection (i) shall be subject to repayment, together with interest thereon accruing from
the date of the scholarship award, in accordance with terms and
conditions specified by the Secretary in regulations promulgated
to carry out this subsection.

H. R. 7776—516
(k) COLLECTION OF REPAYMENT.—
(1) IN GENERAL.—In the event that a scholarship recipient
is required to repay the scholarship award under the Program,
the institution of higher education providing the scholarship
shall—
(A) determine the repayment amounts and notify the
recipient, the Secretary, and the Director of the Office
of Personnel Management of the amounts owed; and
(B) collect the repayment amounts within a period
of time as determined by the Secretary.
(2) RETURNED TO TREASURY.—Except as provided in paragraph (3), any repayment under this subsection shall be
returned to the Treasury of the United States.
(3) RETAIN PERCENTAGE.—An institution of higher education may retain a percentage of any repayment the institution
collects under this subsection to defray administrative costs
associated with the collection. The Secretary shall establish
a single, fixed percentage that will apply to all eligible entities.
(l) PUBLIC INFORMATION.—
(1) EVALUATION.—The Secretary, in coordination with the
Director of the Office of Personnel Management, shall periodically evaluate and make public, in a manner that protects
the personally identifiable information of scholarship recipients,
information on the success of recruiting individuals for scholarships under the Program and on hiring and retaining those
individuals in the Department of Defense workforce, including
information on—
(A) placement rates;
(B) where students are placed, including job titles and
descriptions;
(C) salary ranges for students not released from obligations under this section;
(D) how long after graduation students are placed;
(E) how long students stay in the positions they enter
upon graduation;
(F) how many students are released from obligations;
and
(G) what, if any, remedial training is required.
(2) REPORTS.—The Secretary, in consultation with the
Office of Personnel Management, shall submit, not less frequently than once every two years, to Congress a report,
including—
(A) the results of the evaluation under paragraph (1);
(B) the disparity in any reporting between scholarship
recipients and their respective institutions of higher education; and
(C) any recent statistics regarding the size, composition, and educational requirements of the relevant Department of Defense workforce.
(3) RESOURCES.—The Secretary, in coordination with the
Director of the Office of Personnel Management, shall provide
consolidated and user-friendly online resources for prospective
scholarship recipients, including, to the extent practicable—
(A) searchable, up-to-date, and accurate information
about participating institutions of higher education and
job opportunities relating to covered disciplines; and

H. R. 7776—517
(B) a modernized description of careers in covered disciplines.
(m) ALLOCATION OF FUNDING.—
(1) IN GENERAL.—Not less than 50 percent of the amount
available for financial assistance under this section for a fiscal
year shall be available only for providing financial assistance
for the pursuit of programs of education referred to in subsection (b)(1) at institutions of higher education that have established, improved, or are administering programs of education
in disciplines under the grant program established in section
2200b of title 10, United States Code, as determined by the
Secretary.
(2) ASSOCIATE DEGREES.—Not less than five percent of the
amount available for financial assistance under this section
for a fiscal year shall be available for providing financial assistance for the pursuit of an associate degree at an institution
described in paragraph (1).
(n) BOARD OF DIRECTORS.—In order to help identify workforce
needs and trends relevant to the Program, the Secretary may establish a board of directors for the Program that consists of representatives of Federal departments and agencies.
(o) COMMENCEMENT OF PROGRAM.—The Secretary shall commence the Program as early as practicable, with the first scholarships awarded under the Program for the academic year beginning
no later than the fall semester of 2024.
SEC. 1536. REPORT ON RECOMMENDATIONS FROM NAVY CIVILIAN
CAREER PATH STUDY.

(a) REPORT.—
(1) REQUIREMENT.—Not later than 90 days after the date
of the enactment of this Act, the Secretary of the Navy shall
submit to the congressional defense committees a report on
the recommendations made in the report submitted to the
congressional defense committees under section 1653(a)(2) of
the National Defense Authorization Act for Fiscal Year 2020
(Public Law 116–92; 133 Stat. 1763) relating to improving
cyber career paths in the Navy.
(2) CONTENTS.—The report under paragraph (1) shall
include the following:
(A) A description of each recommendation described
in such paragraph that has already been implemented.
(B) A description of each recommendation described
in such paragraph that the Secretary has commenced
implementing, including a justification for determining to
commence implementing the recommendation.
(C) A description of each recommendation described
in such paragraph that the Secretary has not implemented
or commenced implementing and a determination as to
whether or not to implement the recommendation.
(D) For each recommendation under subparagraph (C)
that the Secretary determines to implement—
(i) a timeline for implementation;
(ii) a description of any additional resources or
authorities required for implementation; and
(iii) the plan for implementation.

H. R. 7776—518
(E) For each recommendation under subparagraph (C)
that the Secretary determines not to implement, a justification for the determination not to implement.
(3) FORMAT.—The report under paragraph (1) shall be submitted in unclassified form, but may include a classified annex.
(b) REVIEW BY COMPTROLLER GENERAL OF THE UNITED
STATES.—
(1) REVIEW.—Not later than 180 days after the date on
which the Secretary submits the report under subsection (a),
the Comptroller General of the United States shall conduct
a review of such report.
(2) ELEMENTS.—The review under paragraph (1) shall
include an assessment of the following:
(A) The extent to which the Secretary has implemented
the recommendations described in subsection (a)(1).
(B) Additional recommended actions for the Secretary
to take to improve the readiness and retention of the cyber
workforce of the Navy.
(3) INTERIM BRIEFING.—Not later than 90 days after the
date on which the Secretary submits the report under subsection (a), the Comptroller General shall provide to the
congressional defense committees a briefing on the preliminary
findings of the Comptroller General with respect to the review
conducted under paragraph (1).
(4) FINAL REPORT.—The Comptroller General shall submit
to the congressional defense committees a report on the findings
of the Comptroller General with respect to the review under
paragraph (1) at such time and in such format as is mutually
agreed upon by the committees and the Comptroller General
at the time of the briefing under paragraph (3).
SEC. 1537. STUDY TO DETERMINE OPTIMAL STRATEGY FOR STRUCTURING AND MANNING ELEMENTS OF JOINT FORCE
HEADQUARTERS–CYBER ORGANIZATIONS, JOINT MISSION
OPERATIONS CENTERS, AND CYBER OPERATIONSINTEGRATED PLANNING ELEMENTS.

(a) STUDY.—
(1) REQUIREMENT.—The Principal Cyber Advisor of the
Department of Defense, in coordination with the commanders
of the combatant commands, shall conduct a study to determine
the optimal strategy for structuring and manning elements
of the following:
(A) Joint Force Headquarters Cyber Organizations.
(B) Joint Mission Operations Centers.
(C) Cyber Operations–Integrated Planning Elements.
(D) Joint Cyber Centers.
(2) ELEMENTS.—The study under paragraph (1) shall
include an assessment of each of the following:
(A) Operational effects on the military services if each
of the entities listed in subparagraphs (A) through (C)
of paragraph (1) are restructured from organizations that
are components of the military services to joint organizations.
(B) Existing barriers or impediments to designate positions within each of the entities listed in such subparagraphs (A), (B), and (C) as joint billets for joint qualification
purposes.

H. R. 7776—519
(C) Operational and organizational effects on the military services, the United States Cyber Command, other
combatant commands, and the Joint Staff if the entities
listed in subparagraphs (A) through (D) of paragraph (1)
are realigned, restructured, or consolidated.
(D) Operational and organizational effects and advisement of standardizing a minimum set of roles and responsibilities of the Joint Cyber Centers, or the equivalent
entity, of the combatant commands.
(E) Clarification of the relationship and differentiation
between Cyber Operations–Integrated Planning Elements
and Joint Cyber Centers of the combatant commands.
(F) A complete inventory of mission essential tasks
for the entities listed in such subparagraphs (A) through
(D).
(G) A description of cyber activities in geographic and
functional combatant command campaign plans and
resources aligned to those activities.
(b) BRIEFINGS.—Not later than 180 days after the date of the
enactment of this Act, and not less frequently than once every
120 days until March 31, 2024, the Principal Cyber Advisor of
the Department shall provide to the Committees on Armed Services
of the Senate and the House of Representatives a briefing on
the status of the study under subsection (a).
(c) REPORT.—
(1) REQUIREMENT.—Not later than March 31, 2024, the
Principal Cyber Advisor of the Department shall submit to
the Committees on Armed Services of the Senate and the
House of Representatives a report on the study under subsection (a).
(2) CONTENTS.—The report under paragraph (1) shall contain the following:
(A) The findings of the Principal Cyber Advisor with
respect to the study under subsection (a).
(B) Details of the operational and organizational effects
assessed under paragraph (2) of such subsection.
(C) A plan to carry out the transfer described in
subparagraph (B) of such paragraph and the associated
costs, as appropriate.
(D) A plan to realign, restructure, or consolidate the
entities listed in subparagraphs (A) through (D) of subsection (a)(1).
(E) Such other matters as the Principal Cyber Advisor
considers appropriate.
SEC. 1538. MANNING REVIEW OF SPACE FORCE CYBER SQUADRONS.

(a) REQUIREMENT.—Not later than 210 days after the date
of the enactment of this Act, the Secretary of the Air Force, in
coordination with the Chief of Space Operations, shall submit to
the congressional defense committees a review of the manning
required to fully staff the current and planned cyber squadrons
of the Space Force.
(b) MATTERS INCLUDED.—
(1) ELEMENTS.—The review under subsection (a) shall
include considerations of the following:
(A) The specific sourcing of existing billets of the Space
Force optimally postured for transfer to cyber squadrons.

H. R. 7776—520
(B) The administrative processes required to shift billets and existing funding to cyber squadrons.
(C) The responsibilities and functions performed by
military personnel and civilian personnel.
(D) The benefits and risks to the Space Force approach
of transferring billets to cyber squadrons.
(2) ROADMAP.—The review under subsection (a) shall
include a transition roadmap that outlines a comprehensive
transition for the transfer of billets described in paragraph
(1) by not later than September 30, 2024.
SEC. 1539. INDEPENDENT REVIEW OF POSTURE AND STAFFING LEVELS
OF OFFICE OF THE CHIEF INFORMATION OFFICER.

(a) IN GENERAL.—Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall seek
to enter into an agreement with an appropriate non-Department
of Defense entity for the conduct of a comprehensive review of
the posture and adequacy of the staffing levels of the Office of
the Chief Information Officer of the Department of Defense, as
of the date of the enactment of this Act.
(b) MATTERS FOR CONSIDERATION.—An agreement under subsection (a) shall specify that the review conducted under the agreement shall include the evaluation of each of the following:
(1) Any limitations or constraints of the Office of the Chief
Information Officer in performing the entirety of the responsibilities specified in section 142(b) of title 10, United States
Code, and responsibilities assigned by the Secretary of Defense,
based on the staffing levels of the Office as of the date of
the enactment of this Act.
(2) The composition of civilian, military, and contractor
personnel assigned to the Office of the Chief Information
Officer, as of such date, including the occupational series and
military occupational specialties of such personnel, relative to
the responsibilities specified in paragraph (1).
(3) The organizational construct of the Office of the Chief
Information Officer, as of such date.
(c) RECOMMENDATIONS.—An agreement under subsection (a)
shall specify that the review conducted under the agreement shall
include recommendations for the Chief Information Officer and
the congressional defense committees, including recommendations
derived from the matters for consideration specified under subsection (b).
(d) SUBMISSION.—Not later than 30 days after the date of
the completion of the review under subsection (a), the Secretary
of Defense shall submit to the congressional defense committees
a copy of the review.
SEC. 1540. INDEPENDENT ASSESSMENT OF CIVILIAN CYBERSECURITY
RESERVE FOR DEPARTMENT OF DEFENSE.

(a) IN GENERAL.—Not later than 90 days after the date of
enactment of this Act, the Secretary of Defense shall seek to enter
into an agreement with a nonprofit entity or a federally funded
research and development center with expertise in cybersecurity
and workforce management to conduct an assessment of the feasibility and advisability of creating and maintaining a civilian cybersecurity reserve corps to enable the Department of Defense and
military services to provide qualified civilian manpower to the
Department of Defense to effectively respond to significant cyber

H. R. 7776—521
incidents or to assist in solving other exceptionally difficult cyber
workforce-related challenges.
(b) CONSIDERATION OF PRIOR REPORT.—
(1) IN GENERAL.—In conducting the assessment required
by subsection (a), the entity or center shall take into consideration the results of the evaluation of nontraditional cyber support to the Department of Defense required by section 1730
of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116–283).
(2) LIMITATION ON AVAILABILITY OF FUNDS PENDING SUBMISSION OF REPORT.—Of the funds authorized to be appropriated
by this Act or otherwise made available for fiscal year 2023
for the Under Secretary of Defense for Policy, not more than
75 percent may be obligated or expended until the date on
which the Principal Cyber Advisor submits the report referenced in paragraph (1).
(c) ELEMENTS.—The assessment conducted under subsection
(a) shall include analysis of the following matters:
(1) The feasibility of the concept of a civilian cybersecurity
reserve program, including an analysis of the available talent
pool, potential impact on employers, and propensity to serve.
(2) The likelihood of utilizing civilian cybersecurity reservists to augment the existing Department of Defense workforce,
including an assessment of the duration of periods of activation.
(3) The result of outreach conducted with industry and
State and Federal Government agencies employing individuals
likely to meet qualification criteria for service in such a program.
(4) The necessity for participants to access classified
information, and the need to maintain appropriate security
clearances as a participant in the program, including while
not in Federal service.
(5) Appropriate compensation and benefits for members
of such a program.
(6) Activities that members may undertake as part of their
duties.
(7) Methods for identifying and recruiting members,
including alternative methods to traditional qualifications
requirements.
(8) Methods for preventing conflicts of interest or other
ethical concerns as a result of participation in such a program.
(9) Resources, including funding levels, necessary to carry
out such a program.
(10) Potential penalties or other adverse action taken
against individuals who do not respond to activation when
called.
(11) Any other matters the Secretary considers relevant
for the purpose of this assessment.
(d) REPORTS.—
(1) IN GENERAL.—Not later than 270 days after the date
on which the Secretary enters into the agreement described
in subsection (a), such entity or center shall submit to the
Secretary a report on the results of the research and analysis
under such subsection.
(2) SUBMISSION TO CONGRESS.—Not later than one year
after the date of enactment of this Act, the Secretary of Defense

H. R. 7776—522
shall submit to the Committees on Armed Services of the Senate
and House of Representatives each of the following:
(A) A copy of the report submitted under paragraph
(1) without change.
(B) Any comments, changes, recommendations, or other
information provided by the Secretary of Defense relating
to the research and analysis conducted under subsection
(a) and contained in such report, including a specific recommendation on whether a civilian cybersecurity reserve
should be established, as described in such subsection,
or with modification.
SEC. 1541. COMPREHENSIVE REVIEW OF CYBER EXCEPTED SERVICE.

(a) IN GENERAL.—Not later than 180 days after the date of
enactment of this Act, the Chief Information Officer of the Department of Defense and the Under Secretary of Defense for Personnel
and Readiness, in coordination with the Chief Digital and Artificial
Intelligence Officer and the Principal Cyber Advisor of the Department, shall conduct a comprehensive review of the Cyber Excepted
Service established pursuant to section 1599f of title 10, United
States Code.
(b) ELEMENTS.—The review required under subsection (a) shall
include the following:
(1) An assessment of barriers to participation in Cyber
Excepted Service positions, including—
(A) criteria for eligibility of potential Department of
Defense components and entities for participation in the
Cyber Excepted Service;
(B) potential and structural limitations of the Cyber
Excepted Service, including impediments to mobility or
advancement by civilian employees currently in billets
coded for Cyber Excepted Service;
(C) challenges to transition between competitive and
excepted service;
(D) matters relating to pay disparity and challenges
with compensation relative to the skill sets and value of
such civilian employees in the private sector;
(E) differences between compensation, incentives, benefits, and access to career-broadening experiences;
(F) the eligibility for participation in the Cyber
Excepted Service of civilian employees who are assigned
to the Office of the Chief Digital and Artificial Intelligence
Officer;
(G) the current and necessary mechanisms to deconflict
occasions when individuals can be considered eligible for
two or more excepted service systems; and
(H) any other barriers as determined by the Secretary.
(2) An evaluation of the process used in accepting applications, assessing candidates, and the process for and effect of
adhering to provisions of law establishing preferences for hiring
eligible veterans, and selecting applicants for vacancies to be
filled by an individual for a Cyber Excepted Service position.
(3) An evaluation of current efforts to recruit and retain
employees in Cyber Excepted Service positions.
(4) A description of current performance metrics used in
evaluating the Cyber Excepted Service.

H. R. 7776—523
(5) An assessment of how current efforts to develop, sustain,
and improve the Cyber Excepted Service are integrated into
the strategic workforce planning of the Department.
(6) Current metrics for—
(A) the number of employees in Cyber Excepted Service
positions, disaggregated by occupation, grade, and level
or pay band;
(B) the placement of employees in Cyber Excepted
Service positions, disaggregated by military department,
Defense agency, or other component within the Department;
(C) the total number of veterans hired;
(D) the number of separations of employees in Cyber
Excepted Service positions, disaggregated by occupation,
grade, and level or pay band;
(E) the number of retirements of employees in Cyber
Excepted Service positions, disaggregated by occupation,
grade, and level or pay band;
(F) the number and amounts of recruitment, relocation,
and retention incentives paid to employees in Cyber
Excepted Service positions, disaggregated by occupation,
grade, and level or pay band; and
(G) the number of employees who declined transition
to qualified Cyber Excepted Service positions.
(7) An assessment of the training provided to supervisors
of employees in Cyber Excepted Service positions on the use
of the new authorities.
(8) An assessment of the implementation of section
1599f(a)(1)(A) of title 10, United States Code, including—
(A) how each military department, Defense agency,
or other component within the Department is incorporating
or intends to incorporate Cyber Excepted Service personnel
in their cyber mission workforce; and
(B) how the Cyber Excepted Service has allowed each
military department, Defense agency, or other component
within the Department to establish, recruit and retain
personnel to fill cyber mission workforce needs.
(9) Recommendations for the Secretary of Defense and the
congressional defense committees with respect to the improvement of the Cyber Excepted Service, including recommendations
derived from the consideration of the elements specified in
paragraphs (1) through (8).
(c) SUBMISSION.—Not later than 30 days after the completion
of the review under subsection (a), the Chief Information Officer
shall submit to the congressional defense committees a copy of
the review.
(d) ANNUAL UPDATE.—Not later than one year after the submission of the review under subsection (c), and not less frequently
than once each year thereafter until September 30, 2028, the Secretary of Defense shall submit to the Committee on Armed Services
of the Senate and the Committee on Armed Services of the House
of Representatives an update on progress made in enacting recommendations identified pursuant to paragraph (9) of subsection
(b) and a detailed report on Cyber Excepted Service positions during
the most recent one-year period, including—
(1) the metrics described in paragraph (6) of such subsection;

H. R. 7776—524
(2) an updated assessment under paragraph (8) of such
subsection from the current reporting period;
(3) an updated assessment on the effect of section 1599f
of title 10, United States Code, on the ability of the Department
to recruit, retain, and develop cyber professionals in the Department over the current reporting period;
(4) an updated assessment on the barriers to participation
described in paragraph (1) of subsection (b) from the current
reporting period;
(5) proposed modifications to the Cyber Excepted Service;
and
(6) such other matters as the Secretary considers appropriate.
(e) DEFINITIONS.—In this section:
(1) The term ‘‘Cyber Excepted Service’’ consists of those
positions established under section 1599f(a)(1)(A) of title 10,
United States Code.
(2) The term ‘‘Cyber Excepted Service position’’ means a
position in the Cyber Excepted Service.

Subtitle D—Reports and Other Matters
SEC. 1551. PILOT PROGRAM FOR SHARING CYBER CAPABILITIES AND
RELATED INFORMATION WITH FOREIGN OPERATIONAL
PARTNERS.

(a) AUTHORIZATION.—Chapter 19 of title 10, United States Code,
is amended by adding at the end the following new section:
‘‘§ 398. Pilot program for sharing cyber capabilities and
related information with foreign operational partners
‘‘(a) AUTHORITY TO ESTABLISH PILOT PROGRAM TO SHARE CYBER
CAPABILITIES.—The Secretary of Defense may, with the concurrence
of the Secretary of State, provide cyber capabilities and related
information developed or procured by the Department of Defense
to foreign countries or organizations described in subsection (b)
without compensation, to meet operational imperatives if the Secretary of Defense determines that the provision of such cyber
capabilities is in the national security interests of the United States.
‘‘(b) LIST OF FOREIGN COUNTRIES.—The Secretary of Defense,
with the concurrence of the Secretary of State, shall—
‘‘(1) establish—
‘‘(A) a list of foreign countries that the Secretary of
Defense considers suitable for sharing of cyber capabilities
and related information under the authority established
under paragraph (a); and
‘‘(B) criteria for establishing the list under subparagraph (A);
‘‘(2) not later than 14 days after establishing the list
required by paragraph (a), submit to the appropriate committees of Congress such list; and
‘‘(3) notify the appropriate committees of Congress in
writing of any changes to the list established under clause
(1) at least 14 days prior to the adoption of any such changes.
‘‘(c) PROCEDURES.—Prior to the first use of the authority provided by subsection (a), the Secretaries of Defense and State shall—

H. R. 7776—525
‘‘(1) establish and submit to the appropriate committees
of Congress procedures for a coordination process for subsection
(a) that is consistent with the operational timelines required
to support the national security of the United States; and
‘‘(2) notify the appropriate committees of Congress in
writing of any changes to the procedures established under
paragraph (1) at least 14 days prior to the adoption of any
such changes.
‘‘(d) NOTIFICATION REQUIRED.—(1) The Secretary of Defense
and Secretary of State jointly shall promptly submit to the appropriate committees of Congress notice in writing of any use of the
authority provided by subsection (a) no later than 48 hours following
the use of the authority.
‘‘(2) Notification under paragraph (1) shall include a certification that the provision of the cyber capabilities was in the national
security interests of the United States.
‘‘(3) The notification under paragraph (1) shall include an analysis of whether the transfer and the underlying operational imperative could have been met using another authority.
‘‘(e) TERMINATION.—The authority established under paragraph
(a) shall terminate on the date that is 3 years after the date
on which this authority becomes law.
‘‘(f) DEFINITIONS.—In this section:
‘‘(1) The term ‘appropriate committees of Congress’ means—
‘‘(A) the congressional defense committees;
‘‘(B) the Committee on Foreign Relations of the Senate;
and
‘‘(C) Committee on Foreign Affairs of the House of
Representatives.
‘‘(2) The term ‘cyber capability’ means a device or computer
program, including any combination of software, firmware, or
hardware, designed to create an effect in or through cyberspace.
‘‘(g) RULE OF CONSTRUCTION.—Nothing in this section shall
be construed as amending, diminishing, or otherwise impacting
reporting or other obligations under the War Powers Resolution.’’.
(b) TABLE OF SECTIONS AMENDMENT.—The table of sections
at the beginning of such chapter is amended by adding at the
end the following new item:
‘‘398. Pilot program for sharing cyber capabilities and related information with foreign operational partners.’’.
SEC. 1552. DEMONSTRATION PROGRAM FOR CYBER AND INFORMATION
TECHNOLOGY BUDGET DATA ANALYTICS.

(a) DEMONSTRATION PROGRAM.—
(1) REQUIREMENT.—Not later than February 1, 2024, the
Chief Information Officer of the Department of Defense shall,
in coordination with the Chief Digital and Artificial Intelligence
Officer, complete a pilot program to demonstrate the application
of advanced data analytics to the fiscal year 2024 budget data
of a military department for the purpose of identifying total
cyber and information technology spending and the distribution
of such resources across budget line items that are and are
not identified, labeled, or categorized in a manner that would
indicate that funds included in such line items will be expended
on cyber and information technology activities.
(2) COORDINATION WITH MILITARY DEPARTMENTS.—In carrying out the demonstration program under subsection (a),

H. R. 7776—526
the Chief Information Officer shall, in coordination with the
Secretary of the Air Force, the Secretary of the Army, and
the Secretary of the Navy, select a military department for
participation in the demonstration program.
(b) ELEMENTS.—The demonstration program under subsection
(a) shall include—
(1) efforts to identify planned expenditures for cyber and
information technology that are not captured in the total figures
for cyber and information technology reported annually to Congress in support of the President’s budget submission and in
budget documents and briefings to Congress on the cyber and
information technology programs and activities;
(2) efforts to improve transparency in cyber and information
technology budget information to identify cyber and information
technology activities funded out of noncyber and noninformation
technology budget lines, including by the use of qualitative
techniques such as semantic analysis or natural language processing technologies;
(3) metrics developed to assess the effectiveness of the
demonstration program;
(4) a cost tradeoff analysis of implementing these cyber
and information technology data analytics across the entire
budget of the Department of Defense;
(5) existing or planned efforts to use these data analytics
to make budget decisions; and
(6) existing or planned efforts to incorporate these data
analytics into materials presented to Congress through the
budget submission process.
(c) BRIEFING.—
(1) INITIAL BRIEFING.—Not later than 120 days after the
date of the enactment of this Act, the Chief Information Officer
shall provide the Committees on Armed Services of the Senate
and the House of Representatives a briefing on the plans and
status of the Chief Information Officer with respect to the
demonstration program under subsection (a).
(2) FINAL BRIEFING.—Not later than March 1, 2024, the
Chief Information Officer shall provide the Committees on
Armed Services of the Senate and the House of Representatives
a briefing on the results and findings of the Chief Information
Officer with respect to the demonstration program under subsection (a), including the following:
(A) Recommendations for expansion of the demonstration program to the entire cyber and information technology
budget of the Department.
(B) Plans for incorporating data analytics into the
congressional budget submission process for the cyber and
information technology budget of the Department.
SEC. 1553. PLAN FOR COMMERCIAL CLOUD TEST AND EVALUATION.

(a) POLICY AND PLAN.—Not later than 180 days after the date
of enactment of this Act, the Secretary of Defense, in consultation
with commercial industry, shall implement a policy and plan for
test and evaluation of the cybersecurity of the clouds of commercial
cloud service providers that provide, or are intended to provide,
storage or computing of classified data of the Department of
Defense.

H. R. 7776—527
(b) CONTENTS.—The policy and plan under subsection (a) shall
include the following:
(1) A requirement that, beginning on the date of the enactment of this Act, future contracts with cloud service providers
for storage or computing of classified data of the Department
include provisions that permit the Secretary to conduct independent, threat-realistic assessments of the commercial cloud
infrastructure, including with respect to—
(A) the storage, compute, and enabling elements,
including the control plane and virtualization hypervisor
for mission elements of the Department supported by the
cloud provider; and
(B) the supporting systems used in the fulfillment,
facilitation, or operations relating to the mission of the
Department under the contract, including the interfaces
with these systems.
(2) An explanation as to how the Secretary intends to
proceed on amending existing contracts with cloud service providers to permit the same level of assessments required for
future contracts under paragraph (1).
(3) Identification and description of any proposed tiered
test and evaluation requirements aligned with different impact
and classification levels.
(c) WAIVER AUTHORITY.—The Secretary may include in the
policy and plan under subsection (a) an authority to waive any
requirement under subsection (b) if the waiver is jointly approved
by the Chief Information Officer of the Department of Defense
and the Director of Operational Test and Evaluation.
(d) SUBMISSION.—Not later than 180 days after the date of
enactment of this Act, the Secretary shall submit to the Committees
on Armed Services of the Senate and the House of Representatives
the policy and plan under subsection (a).
(e) THREAT-REALISTIC ASSESSMENT DEFINED.—In this section,
the term ‘‘threat-realistic assessments’’ means, with respect to
commercial cloud infrastructure, activities that—
(1) are designed to accurately emulate cyber threats from
advanced nation state adversaries, such as Russia and China;
and
(2) include cooperative penetration testing and no-notice
threat-emulation activities where personnel of the Department
of Defense attempt to penetrate and gain control of the cloudprovider facilities, networks, systems, and defenses associated
with, or which enable, the supported missions of the Department.
SEC. 1554. ROADMAP AND IMPLEMENTATION PLAN FOR CYBER ADOPTION OF ARTIFICIAL INTELLIGENCE.

(a) ROADMAP AND IMPLEMENTATION PLAN REQUIRED.—Not later
than 270 days after the date of the enactment of this Act, the
Commander of the United States Cyber Command and the Chief
Information Officer of the Department of Defense, in coordination
with the Chief Digital and Artificial Intelligence Officer of the
Department, the Director of the Defense Advanced Research
Projects Agency, the Director of the National Security Agency,
and the Under Secretary of Defense for Research and Engineering,
shall jointly develop a five-year roadmap and implementation plan
for rapidly adopting and acquiring artificial intelligence systems,

H. R. 7776—528
applications, and supporting data and data management processes
for the Cyberspace Operations Forces of the Department of Defense.
(b) ELEMENTS.—The roadmap and implementation plan
required by subsection (a) shall include the following:
(1) Identification and prioritization of artificial intelligence
systems, applications, data identification, and processing to
cyber missions within the Department, and ameliorating
threats to, and from, artificial intelligence systems, including—
(A) advancing the cybersecurity of Department systems
with artificial intelligence;
(B) uses of artificial intelligence for cyber effects operations;
(C) assessing and mitigating vulnerabilities of artificial
intelligence systems supporting cybersecurity and cyber
operations to attacks; and
(D) defending against adversary artificial intelligencebased cyber attacks.
(2) A plan to develop, acquire, adopt, and sustain the
artificial intelligence systems, applications, data, and processing
identified in paragraph (1).
(3) Roles and responsibilities for the following for adopting
and acquiring artificial intelligence systems, applications, and
data to cyber missions within the Department:
(A) The Commander of the United States Cyber Command.
(B) The Commander of Joint-Force Headquarters
Department of Defense Information Networks.
(C) The Chief Information Officer of the Department.
(D) The Chief Digital and Artificial Intelligence Officer
of the Department.
(E) The Under Secretary of Defense for Research and
Engineering.
(F) The Secretaries of the military departments.
(G) The Director of the National Security Agency.
(4) Identification of currently deployed, adopted, and
acquired artificial intelligence systems, applications, ongoing
prototypes, and data.
(5) Identification of current capability and skill gaps that
must be addressed prior to the development and adoption of
artificial intelligence applications identified in paragraph (1).
(6) Identification of opportunities to solicit operator utility
feedback through inclusion into research and development processes and wargaming or experimentation events by developing
a roadmap for such processes and events, as well as a formalized process for capturing and tracking lessons learned from
such events to inform the development community.
(7) Identification of long-term technology gaps for fulfilling
the Department’s cyber warfighter mission to be addressed
by research relating to artificial intelligence by the science
and technology enterprise within the Department.
(8) Definition of a maturity model describing desired cyber
capabilities, agnostic of the enabling technology solutions,
including phases in the maturity model or identified milestones
and clearly identified areas for collaboration with relevant
commercial off the shelf and government off the shelf developers
to address requirements supporting capability gaps.

H. R. 7776—529
(9) Assessment, in partnership with the Director of the
Defense Intelligence Agency, of the threat posed by adversaries’
use of artificial intelligence to the cyberspace operations and
the security of the networks and artificial intelligence systems
of the Department in the next five years, including a net
technical assessment of United States and adversary activities
to apply artificial intelligence to cyberspace operations, and
actions planned to address that threat.
(10) A detailed schedule with target milestones, investments, and required expenditures.
(11) Interim and final metrics of adoption of artificial intelligence for each activity identified in the roadmap.
(12) Identification of such additional funding, authorities,
and policies as the Commander and the Chief Information
Officer jointly determine may be required.
(13) Such other topics as the Commander and the Chief
Information Officer jointly consider appropriate.
(c) SYNCHRONIZATION.—The Commander and the Chief Information Officer shall ensure that the roadmap and implementation
plan under subsection (a) are synchronized and coordinated to be
consistent with section 1509.
(d) BRIEFING.—Not later than 30 days after the date on which
the Commander and the Chief Information Officer complete development of the roadmap and implementation plan under subsection
(a), the Commander and the Chief Information Officer shall provide
to the congressional defense committees a classified briefing on
the roadmap and implementation plan.
SEC. 1555. REVIEW OF DEPARTMENT OF DEFENSE IMPLEMENTATION
OF RECOMMENDATIONS FROM DEFENSE SCIENCE BOARD
CYBER REPORT.

(a) REVIEW.—
(1) REQUIREMENT.—Not later than 180 days after the date
of the enactment of this Act, the Secretary of Defense shall
complete a review of the findings and recommendations presented in the June 2018 Defense Science Board report titled
‘‘Cyber as a Strategic Capability’’.
(2) ELEMENTS.—The review under paragraph (1) shall
include the following:
(A) Identification of, and description of implementation
for, recommendations that have been implemented by the
Secretary.
(B) Identification of recommendations that have not
yet been fully implemented by the Secretary.
(C) Identification of the reasons why the recommendations identified under subparagraph (B) were not implemented.
(D) Identification of such legislative or administrative
action as the Secretary determines necessary to implement
the recommendations identified under subparagraph (B).
(b) REPORT.—
(1) REQUIREMENT.—Not later than 30 days after the date
on which the review is completed under paragraph (1) of subsection (a), the Secretary shall submit to the Committees on
Armed Services of the Senate and the House of Representatives
a report on the review, including a disclosure of the matters

H. R. 7776—530
identified and developed under paragraph (2) of such subsection.
(2) FORM.—The report submitted under paragraph (1) shall
be submitted in unclassified form, but may include a classified
annex.
SEC. 1556. ANNUAL BRIEFING ON RELATIONSHIP BETWEEN NATIONAL
SECURITY AGENCY AND UNITED STATES CYBER COMMAND.

(a) ANNUAL BRIEFINGS REQUIRED.—Not later than March 1,
2023, and not less frequently than once each year thereafter until
March 1, 2028, the Secretary of Defense shall provide the congressional defense committees a briefing on the relationship between
the National Security Agency and United States Cyber Command.
(b) ELEMENTS.—Each briefing provided under subsection (a)
shall include an annual assessment of the following:
(1) The resources, authorities, activities, missions, facilities,
and personnel used to conduct the relevant missions at the
National Security Agency as well as the cyber offense and
defense missions of United States Cyber Command.
(2) The processes used to manage risk, balance tradeoffs,
and work with partners to execute operations.
(3) An assessment of the operating environment and the
continuous need to balance tradeoffs to meet mission necessity
and effectiveness.
(4) An assessment of the operational effects resulting from
the relationship between the National Security Agency and
United States Cyber Command, including a list of specific operations conducted over the previous year that were enabled
by or benefitted from the relationship.
(5) Such other topics as the Director of the National Security Agency and the Commander of United States Cyber Command may consider appropriate.
SEC. 1557. REVIEW OF DEFINITIONS ASSOCIATED WITH CYBERSPACE
OPERATIONS FORCES.

(a) REVIEW.—Not later than 120 days after the date of the
enactment of this Act, the Secretary of Defense, acting through
the Principal Cyber Advisor of the Department of Defense and
the Principal Cyber Advisors of the military departments, shall—
(1) review—
(A) the memorandum of the Secretary of Defense dated
December 12, 2019, concerning the definition of the term
‘‘Department of Defense Cyberspace Operations Forces
(DoD COF)’’; and
(B) the responsibilities of the Commander of the United
States Cyber Command as the Cyberspace Joint Force Provider and Cyberspace Joint Force Trainer, with respect
to forces included and excluded from the Cyberspace Operations Forces; and
(2) update such memorandum and, as appropriate, update
such responsibilities.
(b) ELEMENTS.—The review under subsection (a) shall include
the following:
(1) A comprehensive assessment of units and components
of the Department of Defense conducting defensive cyberspace
operations which are not currently included in the definition
specified in paragraph (1)(A) of such subsection.

H. R. 7776—531
(2) Consideration of options for participation in the Cyberspace Operations Forces by forces without regard to whether
the forces are included in such definition, including options
under which—
(A) forces currently excluded from the Cyberspace
Operations Forces because of such definition may access
training, resources, and expertise of the Cyberspace Operations Forces;
(B) the Commander of the United States Cyber Command may issue advisory tasking to forces that are not
Cyberspace Operations Forces pursuant to such definition;
and
(C) forces that are not Cyberspace Operations Forces
pursuant to such definition are subject to training standards established by the Commander as the Cyberspace
Joint Force Trainer.
SEC. 1558. ANNUAL ASSESSMENTS AND REPORTS ON ASSIGNMENT OF
CERTAIN BUDGET CONTROL RESPONSIBILITY TO COMMANDER OF UNITED STATES CYBER COMMAND.

(a) ANNUAL ASSESSMENTS.—
(1) REQUIREMENT.—During fiscal year 2023, and not less
frequently than once each fiscal year thereafter through fiscal
year 2028, the Commander of the United States Cyber Command, in coordination with the Principal Cyber Advisor of
the Department of Defense, shall assess the implementation
of the transition of responsibilities assigned to the Commander
by section 1507(a)(1) of the National Defense Authorization
Act for Fiscal Year 2022 (Public Law 117–81).
(2) ELEMENTS.—Each assessment carried out under paragraph (1) shall include the following:
(A) An assessment of the operational and organizational effect of section 1507(a)(1) of the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117–
81) on the training, equipping, operation, sustainment, and
readiness of the Cyber Mission Forces.
(B) An inventory description of the cyber systems,
activities, capabilities, resources, and functions that have
been transferred from the military departments to control
of the Commander and those that have not been
transitioned pursuant to such section 1507(a)(1).
(C) An opinion by the Commander as to whether the
cyber systems, activities, capabilities, resources, and functions that have not been so transitioned should be
transitioned pursuant to such section 1507(a)(1).
(D) An assessment of the adequacy of resources,
authorities, and policies required to implement such section
1507(a)(1), including organizational, functional, and personnel matters.
(E) An assessment of the reliance on resources, authorities, policies, or personnel external to United States Cyber
Command in support of the budget control of the Commander.
(F) Identification of any outstanding areas for transition pursuant to such section 1507(a)(1).

H. R. 7776—532
(G) An assessment of the organization established
under section 1509 and its performance relative to the
requirements of the Command.
(H) Such other matters as the Commander considers
appropriate.
(b) ANNUAL REPORTS.—Not later than March 1, 2023, and
annually thereafter through 2028, the Commander shall submit
to the congressional defense committees a report on the findings
of the Commander with respect to the assessments under subsection
(a).
SEC. 1559. ASSESSMENTS OF WEAPONS SYSTEMS VULNERABILITIES
TO RADIO-FREQUENCY ENABLED CYBER ATTACKS.

(a) ASSESSMENTS.—The Secretary of Defense shall ensure that
the activities required by and conducted pursuant to section 1647
of the National Defense Authorization Act for Fiscal Year 2016
(Public Law 114–92; 129 Stat. 1118), section 1637 of the John
S. McCain National Defense Authorization Act for Fiscal Year 2019
(Public Law 115–232; 10 U.S.C. 221 note), and the amendments
made by section 1712 of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (Public Law 116–
283; 134 Stat. 4087) include regular assessments of the
vulnerabilities to and mission risks presented by radio-frequency
enabled cyber attacks with respect to the operational technology
embedded in weapons systems, aircraft, ships, ground vehicles,
space systems, sensors, and datalink networks of the Department
of Defense.
(b) ELEMENTS.—The assessments under subsection (a) with
respect to vulnerabilities and risks described in such subsection
shall include—
(1) identification of such vulnerabilities and risks;
(2) ranking of vulnerability, severity, and priority;
(3) development and selection of options, with associated
costs and schedule, to correct such vulnerabilities, including
installation of intrusion detection capabilities;
(4) an evaluation of the cybersecurity sufficiency for Military Standard 1553; and
(5) development of integrated risk-based plans to implement the corrective actions selected.
(c) DEVELOPMENT OF CORRECTIVE ACTIONS.—In developing
corrective actions under subsection (b)(3), the assessments under
subsection (a) shall—
(1) consider the missions supported by the assessed
weapons systems, aircraft, ships, ground vehicles, space systems, sensors, or datalink networks, as the case may be, to
ensure that the corrective actions focus on the vulnerabilities
that create the greatest risks to the missions;
(2) be shared and coordinated with the principal staff
assistant with primary responsibility for the strategic cybersecurity program; and
(3) address requirements for deployed and nondeployed
members of the Armed Forces to analyze data collected on
the weapons systems and respond to attacks.
(d) INTELLIGENCE INFORMED ASSESSMENTS.—The assessments
under subsection (a) shall be informed by intelligence, if available,
and technical judgment regarding potential threats to embedded
operational technology during operations of the Armed Forces.

H. R. 7776—533
(e) COORDINATION.—
(1) COORDINATION AND INTEGRATION OF ACTIVITIES.—The
assessments under subsection (a) shall be fully coordinated
and integrated with activities described in such subsection.
(2) COORDINATION OF ORGANIZATIONS.—The Secretary shall
ensure that the organizations conducting the assessments
under subsection (a) in the military departments, the United
States Special Operations Command, and the Defense Agencies
coordinate with each other and share best practices, vulnerability analyses, and technical solutions with the principal staff
assistant with primary responsibility for the Strategic Cybersecurity Program.
(f) BRIEFINGS.—Not later than one year after the date of the
enactment of this Act, the Secretary shall provide to the congressional defense committees briefings from the organizations specified
under subsection (e)(2), as appropriate, on the activities and plans
required under this section.
SEC. 1560. BRIEFING ON DEPARTMENT OF DEFENSE PLAN TO DETER
AND COUNTER ADVERSARIES IN THE INFORMATION
ENVIRONMENT.

(a) BRIEFING.—Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall provide to
the congressional defense committees a briefing on the following:
(1) The status of 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 note).
(2) A description of efforts of the Department of Defense,
including such efforts conducted in consultation with relevant
departments and agencies of the Federal Government, to effectively deter and counter foreign adversaries in the information
environment, including—
(A) recent updates or modifications to existing policies
to more effectively deter and counter adversaries;
(B) a description of funding priorities and impacts to
future budget requests;
(C) recent updates to personnel policies to ensure the
recruitment, promotion, retention, and compensation for
individuals with the necessary skills in the information
environment; and
(D) a description of improvements required to the
collection, prioritization, and analysis of intelligence, in
particular open-source intelligence, to better inform the
understanding of foreign adversaries in the information
environment.
(3) A description of any initiatives that are being taken,
in cooperation with relevant departments and agencies of the
Federal Government, to assist and incorporate allies and
partner countries of the United States into efforts to effectively
deter and counter foreign adversaries in the information
environment.
(4) A description of any additional actions the Secretary
determines necessary to further ensure that the Department
of Defense is appropriately postured to effectively deter and
counter foreign adversaries in the information environment.
(5) Any other matters the Secretary of Defense determines
appropriate.

H. R. 7776—534
(b) INFORMATION ENVIRONMENT DEFINED.—In this section, the
term ‘‘information environment’’ has the meaning given in the
publication of the Department of Defense titled ‘‘Joint Concept
for Operating in the Information Environment (JCOIE)’’ dated July
25, 2018.

TITLE XVI—SPACE ACTIVITIES, STRATEGIC
PROGRAMS,
AND
INTELLIGENCE MATTERS
Subtitle A—Space Activities
Sec. 1601. Requirements for protection of satellites.
Sec. 1602. Strategy on protection of satellites.
Sec. 1603. Modification of reports on integration of acquisition and capability delivery schedules for segments of major satellite acquisitions programs and
funding for such programs.
Sec. 1604. Tactically responsive space capability.
Sec. 1605. Extension of annual report on Space Command and Control.
Sec. 1606. Allied responsive space capabilities.
Sec. 1607. Applied research and educational activities to support space technology
development.
Sec. 1608. Review of Space Development Agency exemption from Joint Capabilities
Integration and Development System.
Sec. 1609. Update to plan to manage Integrated Tactical Warning and Attack Assessment System and multi-domain sensors.
Sec. 1610. Report on space debris.
Subtitle B—Defense Intelligence and Intelligence-Related Activities
Sec. 1621. Congressional oversight of clandestine activities that support operational
preparation of the environment.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

1631.
1632.
1633.
1634.
1635.
1636.

Sec. 1637.
Sec. 1638.
Sec. 1639.
Sec. 1640.
Sec. 1641.
Sec. 1642.

Subtitle C—Nuclear Forces
Biannual briefing on nuclear weapons and related activities.
Industrial base monitoring for B–21 and Sentinel programs.
Improvements to Nuclear Weapons Council.
Portfolio management framework for nuclear forces.
Extension of requirement to report on nuclear weapons stockpile.
Modification and extension of annual assessment of cyber resilience of
nuclear command and control system.
Modification of reports on Nuclear Posture Review implementation.
Establishment of intercontinental ballistic missile site activation task
force for Sentinel program.
Prohibition on reduction of the intercontinental ballistic missiles of the
United States.
Plan for development of reentry vehicles.
Treatment of nuclear modernization and hypersonic missile programs
within Defense Priorities and Allocations System.
Matters relating to nuclear-capable sea-launched cruise missile.

Subtitle D—Missile Defense Programs
Sec. 1651. Biannual briefing on missile defense and related activities.
Sec. 1652. Improvements to acquisition accountability reports on the ballistic missile defense system.
Sec. 1653. Making permanent prohibitions relating to missile defense information
and systems.
Sec. 1654. Next generation interceptors for missile defense of United States homeland.
Sec. 1655. Termination of requirement to transition ballistic missile defense programs to the military departments.
Sec. 1656. Persistent cybersecurity operations for ballistic missile defense systems
and networks.
Sec. 1657. Fire control architectures.
Sec. 1658. Middle East integrated air and missile defense.
Sec. 1659. Iron Dome short-range rocket defense system and Israeli cooperative
missile defense program co-development and co-production.

H. R. 7776—535
Sec. 1660. Integrated air and missile defense architecture for defense of Guam.
Sec. 1661. Limitation on availability of certain funds until submission of report on
implementation of the cruise missile defense architecture for the homeland.
Sec. 1662. Strategy to use asymmetric capabilities to defeat hypersonic missile
threats.
Sec. 1663. Plan on delivering Shared Early Warning System data to certain allies
and partners of the United States.
Sec. 1664. Reports on ground-based interceptors.
Sec. 1665. Report on missile defense interceptor site in contiguous United States.
Subtitle E—Other Matters
Sec. 1671. Cooperative threat reduction funds.
Sec. 1672. Department of Defense support for requirements of the White House
Military Office.
Sec. 1673. Unidentified anomalous phenomena reporting procedures.
Sec. 1674. Study of weapons programs that allow Armed Forces to address hard
and deeply buried targets.

Subtitle A—Space Activities
SEC. 1601. REQUIREMENTS FOR PROTECTION OF SATELLITES.

Chapter 135 of title 10, United States Code, is amended by
inserting after section 2275 the following new section (and conforming the table of sections at the beginning of such chapter
accordingly):
‘‘§ 2275a. Requirements for protection of satellites
‘‘(a) ESTABLISHMENT OF REQUIREMENTS.—Before a major satellite acquisition program achieves Milestone A approval, or equivalent, the Chief of Staff of the Space Force, in consultation with
the Commander of the United States Space Command, shall establish requirements for the defense and resilience of the satellites
under that program against the capabilities of adversaries to target,
degrade, or destroy the satellites.
‘‘(b) DEFINITIONS.—In this section:
‘‘(1) The term ‘major satellite acquisition program’ has the
meaning given that term in section 2275 of this title.
‘‘(2) The term ‘Milestone A approval’ has the meaning given
that term in section 4251 of this title 10.’’.
SEC. 1602. STRATEGY ON PROTECTION OF SATELLITES.

(a) STRATEGY.—
(1) REQUIREMENT.—Not later than 90 days after the date
of the enactment of this Act, the Secretary of Defense, in
coordination with the Director of National Intelligence, shall
make publicly available a strategy containing the actions that
will be taken to defend and protect on-orbit satellites of the
Department of Defense and the intelligence community from
the capabilities of adversaries to target, degrade, or destroy
satellites.
(2) FORMS.—The Secretary shall—
(A) make the strategy under paragraph (1) publicly
available in unclassified form; and
(B) submit to the appropriate congressional committees
an annex, which may be submitted in classified form, containing supporting documents to the strategy.
(b) DEFINITIONS.—In this section:
(1) The term ‘‘appropriate congressional committees’’
means—

H. R. 7776—536
(A) the congressional defense committees; and
(B) the Permanent Select Committee on Intelligence
of the House of Representatives and the Select Committee
on Intelligence of the Senate.
(2) The term ‘‘intelligence community’’ has the meaning
given that term in section 3(4) of the National Security Act
of 1947 (50 U.S.C. 3003(4)).
SEC. 1603. MODIFICATION OF REPORTS ON INTEGRATION OF ACQUISITION AND CAPABILITY DELIVERY SCHEDULES FOR SEGMENTS OF MAJOR SATELLITE ACQUISITIONS PROGRAMS
AND FUNDING FOR SUCH PROGRAMS.

Section 2275(f) of title 10, United States Code, is amended
by striking paragraph (3).
SEC. 1604. TACTICALLY RESPONSIVE SPACE CAPABILITY.

(a) PROGRAM.—Subsection (a) of section 1609 of the William
M. (Mac) Thornberry National Defense Authorization Act for Fiscal
Year 2021 (Public Law 116–283; 10 U.S.C. 2271 note) is amended
to read as follows:
‘‘(a) PROGRAM.—The Secretary of the Air Force shall ensure
that the Space Force has a tactically responsive space capability
that—
‘‘(1) addresses all lifecycle elements; and
‘‘(2) addresses rapid deployment and reconstitution requirements—
‘‘(A) to provide long-term continuity for tactically
responsive space capabilities across the future-years
defense program submitted to Congress under section 221
of title 10, United States Code;
‘‘(B) to continue the development of concepts of operations, including with respect to tactics, training, and procedures;
‘‘(C) to develop appropriate processes for tactically
responsive space launch, including—
‘‘(i) mission assurance processes; and
‘‘(ii) command and control, tracking, telemetry, and
communications; and
‘‘(D) to identify basing requirements necessary to
enable tactically responsive space capabilities.’’.
(b) REQUIREMENTS.—Such section is further amended—
(1) by redesignating subsection (b) as subsection (c); and
(2) by inserting after subsection (a) the following new subsection:
‘‘(b) REQUIREMENTS.—The Chief of Space Operations shall
establish tactically responsive requirements for all national security
space capabilities, if applicable, carried out under title 10, United
States Code.’’.
(c) SUPPORT.—Subsection (c) of such section, as redesignated
by subsection (b), is amended—
(1) in paragraph (1)—
(A) in the matter preceding subparagraph (A), by
striking ‘‘launch program’’ and inserting ‘‘space program’’;
and
(B) by striking subparagraph (B) and inserting the
following new subparagraph:
‘‘(B) The entire end-to-end tactically responsive space
capability, including with respect to the launch vehicle,

H. R. 7776—537
ground infrastructure, bus, payload, operations and onorbit sustainment.’’; and
(2) in paragraph (2)—
(A) in the matter preceding subparagraph (A)—
(i) by striking ‘‘for fiscal year 2023’’ and inserting
‘‘for each of fiscal years 2023 through 2026’’; and
(ii) by striking ‘‘tactically responsive launch program’’ and inserting ‘‘tactically responsive space program’’;
(B) in subparagraph (A), by striking ‘‘launches’’ and
inserting ‘‘capabilities’’; and
(C) in subparagraph (C), by striking ‘‘tactically responsive launch program’’ and inserting ‘‘tactically responsive
space program’’.
(d) CONFORMING AMENDMENT.—The heading of such section
is amended in the heading by striking ‘‘LAUNCH OPERATIONS’’ and
inserting ‘‘SPACE CAPABILITY’’.
SEC. 1605. EXTENSION OF ANNUAL REPORT ON SPACE COMMAND AND
CONTROL.

Section 1613(a)(2) of the National Defense Authorization Act
for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1731) is amended
by striking ‘‘2025’’ and inserting ‘‘2030’’.
SEC. 1606. ALLIED RESPONSIVE SPACE CAPABILITIES.

(a) INITIATIVES.—The Secretary of the Defense and the Secretary of State shall jointly ensure that responsive space capabilities
of the Department of Defense align with initiatives by Five Eyes
countries, member states of the North Atlantic Treaty Organization,
and other allies to promote a globally responsive space architecture.
(b) REPORT.—Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense and the Secretary
of State, in coordination with the Commander of the United States
European Command, the Commander of the United States IndoPacific Command, and the Commander of the United States Space
Command, shall jointly submit to the congressional defense committees, the Committee on Foreign Affairs of the House of Representatives, and the Committee on Foreign Relations of the Senate a
report assessing current investments and partnerships by the
United States with allies of the United States with respect to
responsive space efforts. The report shall include the following:
(1) An assessment of the benefits of leveraging allied and
partner spaceports for responsive launch.
(2) A discussion of current and future plans to engage
with allies and partners with respect to activities ensuring
rapid reconstitution or augmentation of the space capabilities
of the United States and allies.
(3) An assessment of the shared costs and technology
between the United States and allies, including if investments
from the Pacific Deterrence Initiative and the European Deterrence Initiative could be considered for allied spaceports.
(c) FIVE EYES COUNTRIES DEFINED.—In this section, the term
‘‘Five Eyes countries’’ means the following:
(1) Australia.
(2) Canada.
(3) New Zealand.
(4) The United Kingdom.
(5) The United States.

H. R. 7776—538
SEC. 1607. APPLIED RESEARCH AND EDUCATIONAL ACTIVITIES TO
SUPPORT SPACE TECHNOLOGY DEVELOPMENT.

(a) IN GENERAL.—The Secretary of the Air Force and the Chief
of Space Operations, in coordination with the Chief Technology
and Innovation Office of the Space Force, may carry out applied
research and educational activities to support space technology
development.
(b) ACTIVITIES.—Activities carried out under subsection (a) shall
support the applied research, development, and demonstration
needs of the Space Force, including by addressing and facilitating
the advancement of capabilities related to—
(1) space domain awareness;
(2) positioning, navigation, and timing;
(3) communications;
(4) hypersonics;
(5) cybersecurity; and
(6) any other matter the Secretary of the Air Force considers relevant.
(c) EDUCATION AND TRAINING.—Activities carried out under subsection (a) shall—
(1) promote education and training for students so as to
support the future national security space workforce of the
United States; and
(2) explore opportunities for international collaboration.
(d) TERMINATION.—The authority provided by this section shall
expire on December 31, 2027.
SEC. 1608. REVIEW OF SPACE DEVELOPMENT AGENCY EXEMPTION
FROM JOINT CAPABILITIES INTEGRATION AND DEVELOPMENT SYSTEM.

(a) REVIEW.—Not later than March 31, 2023, the Secretary
of Defense shall complete a review regarding whether the Space
Development Agency should be exempt from the Joint Capabilities
Integration and Development System.
(b) RECOMMENDATION.—Not later than 30 days after the date
on which the review under subsection (a) is completed, the Secretary
of Defense shall submit to the congressional defense committees
a recommendation as to whether the exemption described in such
subsection should apply to the Space Development Agency.
(c) IMPLEMENTATION.—Not later than 60 days after the date
on which the recommendation is submitted under subsection (b),
the Secretary of the Air Force and the Director of the Space Development Agency shall implement the recommendation.
SEC. 1609. UPDATE TO PLAN TO MANAGE INTEGRATED TACTICAL
WARNING AND ATTACK ASSESSMENT SYSTEM AND MULTIDOMAIN SENSORS.

(a) UPDATE REQUIRED.—Not later than one year after the date
of the enactment of this Act, the Secretary of the Air Force shall
update the plan that was developed pursuant to section 1669 of
the National Defense Authorization Act for Fiscal Year 2018 (Public
Law 115–91).
(b) COORDINATION WITH OTHER AGENCIES.—In developing the
update required by subsection (a), the Secretary shall—
(1) coordinate with the Secretary of the Army, the Secretary
of the Navy, the Director of the Missile Defense Agency, the

H. R. 7776—539
Director of the National Reconnaissance Office, and the Director
of the Space Development Agency; and
(2) solicit comments on the plan, if any, from the Commander of United States Strategic Command, the Commander
of United States Northern Command, and the Commander
of United States Space Command.
(c) SUBMITTAL TO CONGRESS.—Not later than 90 days after
the update required by subsection (a) is complete, the Secretary
of the Air Force shall submit to the congressional defense committees—
(1) the plan updated pursuant to subsection (a); and
(2) the comments from the Commander of United States
Strategic Command, the Commander of United States Northern
Command, and the Commander of United States Space Command, if any, solicited under subsection (b)(2).
SEC. 1610. REPORT ON SPACE DEBRIS.

(a) REQUIREMENT.—Not later than 120 days after the date
of the enactment of this Act, the Secretary of Defense shall submit
to the appropriate congressional committees the portion of the
report on the risks posed by man-made space debris in low-Earth
orbit described in the explanatory statement accompanying the
National Defense Authorization Act for Fiscal Year 2022 (Public
Law 117–81) that pertains to the Department of Defense. The
portion of the report shall include—
(1) an explanation of such risks to defense and national
security space assets;
(2) recommendations with respect to the remediation of
such risks to defense and national security assets; and
(3) outlines of plans to reduce the incident of such space
debris to defense and national security assets.
(b) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In
this section, the term ‘‘appropriate congressional committees’’
means—
(1) the Committee on Armed Services and the Committee
on Science, Space, and Technology of the House of Representatives; and
(2) the Committee on Armed Services and Committee on
Commerce, Science, and Transportation of the Senate.

Subtitle B—Defense Intelligence and
Intelligence-Related Activities
SEC. 1621. CONGRESSIONAL OVERSIGHT OF CLANDESTINE ACTIVITIES
THAT SUPPORT OPERATIONAL PREPARATION OF THE
ENVIRONMENT.

Section 127f of title 10, United States Code, is amended—
(1) by redesignating subsections (e) and (f) as subsections
(f) and (g), respectively; and
(2) by inserting after subsection (d) the following new subsection:
‘‘(e) QUARTERLY BRIEFING.—On a quarterly basis, the Assistant
Secretary of Defense for Special Operations and Low Intensity
Conflict, in coordination with elements of the Department of Defense
that the Assistant Secretary determines appropriate, shall provide
to the congressional defense committees a briefing outlining the

H. R. 7776—540
clandestine activities carried out pursuant to subsection (a) during
the period covered by the briefing, including—
‘‘(1) an update on such activities carried out in each
geographic combatant command and a description of how such
activities support the respective theater campaign plan;
‘‘(2) an overview of the authorities and legal issues,
including limitations, relating to such activities; and
‘‘(3) any other matters the Assistant Secretary considers
appropriate.’’.

Subtitle C—Nuclear Forces
SEC. 1631. BIANNUAL BRIEFING ON NUCLEAR WEAPONS AND RELATED
ACTIVITIES.

Chapter 24 of title 10, United States Code, is amended by
inserting after section 492a the following new section (and conforming the table of sections at the beginning of such chapter
accordingly):
‘‘SEC.

492b.

BIANNUAL BRIEFING
RELATED ACTIVITIES.

ON

NUCLEAR

WEAPONS

AND

‘‘(a) IN GENERAL.—On or about May 1 and November 1 of
each year, the officials specified in subsection (b) shall provide
to the Committees on Armed Services of the Senate and the House
of Representatives a briefing on matters relating to nuclear weapons
policies, operations, technology development, and other similar
topics as requested by such committees.
‘‘(b) OFFICIALS SPECIFIED.—The officials specified in this subsection are the following:
‘‘(1) The Assistant Secretary of Defense for Acquisition.
‘‘(2) The Assistant Secretary of Defense for Nuclear, Chemical, and Biological Defense Programs.
‘‘(3) The Assistant Secretary of Defense for Space Policy.
‘‘(4) The Deputy Administrator for Defense Programs of
the National Nuclear Security Administration.
‘‘(5) The Director for Strategy, Plans, and Policy of the
Joint Staff.
‘‘(6) The Director for Capability and Resource Integration
for the United States Strategic Command.
‘‘(c) DELEGATION.—An official specified in subsection (b) may
delegate the authority to provide a briefing under subsection (a)
to a member of the Senior Executive Service who reports to the
official.
‘‘(d) TERMINATION.—The requirement to provide a briefing
under subsection (a) shall terminate on January 1, 2028.’’.
SEC. 1632. INDUSTRIAL BASE MONITORING FOR B–21 AND SENTINEL
PROGRAMS.

Chapter 24 of title 10, United States Code, is amended by
inserting after section 493 the following new section (and conforming the table of sections at the beginning of such chapter
accordingly):
‘‘§ 493a. Industrial base monitoring for B–21 and Sentinel
programs
‘‘(a) DESIGNATION.—The Secretary of the Air Force, acting
through the Assistant Secretary of the Air Force for Acquisition,

H. R. 7776—541
Technology, and Logistics, shall designate a senior official, who
shall report to the Assistant Secretary, to monitor the combined
industrial base supporting the acquisition of—
‘‘(1) B–21 aircraft; and
‘‘(2) the Sentinel intercontinental ballistic missile weapon
system.
‘‘(b) REQUIREMENTS FOR MONITORING.—In monitoring the combined industrial base described in subsection (a), the senior official
designated under such subsection shall—
‘‘(1) have the authority to select staff to assist the senior
official from among civilian employees of the Department and
members of the armed forces, who may provide such assistance
concurrently while serving in another position;
‘‘(2) monitor the acquisition by the combined industrial
base of—
‘‘(A) materials, technologies, and components associated with nuclear weapons systems; and
‘‘(B) commodities purchased on a large scale;
‘‘(3) monitor the hiring or contracting by the combined
industrial base of personnel with critical skills; and
‘‘(4) assess whether personnel with critical skills and knowledge, intellectual property on manufacturing processes, and
facilities and equipment necessary to design, develop, manufacture, repair, and support a program are available and affordable
within the scopes of the B–21 aircraft program and the Sentinel
intercontinental ballistic missile weapon system program.
‘‘(c) ANNUAL REPORT.—At the same time as the submission
of the budget of the President pursuant to section 1105(a) of title
31 for a fiscal year, the Secretary shall submit to the congressional
defense committees a report with respect to the status of the combined industrial base described in subsection (a).’’.
SEC. 1633. IMPROVEMENTS TO NUCLEAR WEAPONS COUNCIL.

(a) RESPONSIBILITIES.—Subsection (d) of section 179 of title
10, United States Code, is amended—
(1) in paragraph (9), by inserting ‘‘, in coordination with
the Joint Requirements Oversight Council,’’ after ‘‘capabilities,
and’’;
(2) by redesignating paragraphs (10), (11), and (12) as
paragraphs (11), (12), and (13), respectively;
(3) by inserting after paragraph (9) the following new paragraph (10):
‘‘(10) With respect to nuclear warheads—
‘‘(A) reviewing military requirements, performance
requirements, and planned delivery schedules to evaluate
whether such requirements and schedules create significant
risks to cost, schedules, or other matters regarding production, surveillance, research, and other programs relating
to nuclear weapons within the National Nuclear Security
Administration; and
‘‘(B) if any such risk exists, proposing and analyzing
adjustments to such requirements and schedules.’’; and
(4) by striking paragraph (13), as so redesignated, and
inserting the following new paragraph (13):
‘‘(13) Coordinating risk management efforts between the
Department of Defense and the National Nuclear Security
Administration relating to the nuclear weapons stockpile, the

H. R. 7776—542
nuclear security enterprise (as defined in section 4002 of the
Atomic Energy Defense Act (50 U.S.C. 2501)), and the delivery
platforms for nuclear weapons, including with respect to identifying and analyzing risks and proposing actions to mitigate
risks.’’.
(b) PLANS AND BUDGET.—Subsection (f) of such section is
amended to read as follows:
‘‘(f) BUDGET AND FUNDING MATTERS.—(1) The Council shall
annually review the plans and budget of the National Nuclear
Security Administration and assess whether such plans and budget
meet the current and projected requirements relating to nuclear
weapons.
‘‘(2)(A) The Council shall review each budget request transmitted by the Secretary of Energy to the Council under section
4717 of the Atomic Energy Defense Act (50 U.S.C. 2757) and make
a determination under subparagraph (B) regarding the adequacy
of each such request. Not later than 30 days after making such
a determination, the Council shall notify the congressional defense
committees that such a determination has been made.
‘‘(B)(i) If the Council determines that a budget request for
a fiscal year transmitted to the Council under section 4717 of
the Atomic Energy Defense Act (50 U.S.C. 2757) is inadequate,
in whole or in part, to implement the objectives of the Department
of Defense with respect to nuclear weapons for that fiscal year,
the Council shall submit to the Secretary of Energy a written
description of funding levels and specific initiatives that would,
in the determination of the Council, make the budget request adequate to implement those objectives.
‘‘(ii) If the Council determines that a budget request for a
fiscal year transmitted to the Council under section 4717 of the
Atomic Energy Defense Act (50 U.S.C. 2757) is adequate to implement the objectives described in clause (i) for that fiscal year,
the Council shall submit to the Secretary of Energy a written
statement confirming the adequacy of the request.
‘‘(iii) The Council shall maintain a record of each description
submitted under clause (i) and each statement submitted under
clause (ii).
‘‘(3) Not later than 30 days after the President submits to
Congress the budget for a fiscal year under section 1105(a) of
title 31, the Council shall submit to the congressional defense
committees a report containing the following:
‘‘(A) The results of the assessment conducted under paragraph (1) with respect to that budget.
‘‘(B) An evaluation of—
‘‘(i) whether the funding requested for the National
Nuclear Security Administration in such budget—
‘‘(I) enables the Administrator for Nuclear Security
to meet requirements relating to nuclear weapons for
such fiscal year; and
‘‘(II) is adequate to implement the objectives of
the Department of Defense with respect to nuclear
weapons for that fiscal year; and
‘‘(ii) whether the plans and budget reviewed under
paragraph (1) will enable the Administrator to meet—
‘‘(I) the requirements to produce war reserve plutonium pits under section 4219(a) of such Act (50 U.S.C.
2538a(a)); and

H. R. 7776—543
‘‘(II) any other requirements under Federal law.
‘‘(C) If the evaluation under subparagraph (B)(ii) determines that the plans and budget reviewed under paragraph
(1) will not enable the Administrator to meet the requirements
to produce war reserve plutonium pits under section 4219(a)
of the Atomic Energy Defense Act (50 U.S.C. 2538a(a))—
‘‘(i) an explanation for why the plans and budget will
not enable the Administrator to meet such requirements;
and
‘‘(ii) proposed alternative plans, budget, or requirements by the Council to meet such requirements.
‘‘(4) If a member of the Council does not concur in any assessment or evaluation under this subsection, the report or other
information required to be submitted to the congressional defense
committees regarding such assessment or evaluation shall include
a written explanation from the non-concurring member describing
the reasons for the member’s nonconcurrence.
‘‘(5)(A) Not later than 30 days after the President submits
to Congress the budget for a fiscal year under section 1105(a)
of title 31, the Commander of the United States Strategic Command
shall submit to the Chairman of the Joint Chiefs of Staff an assessment of—
‘‘(i) whether such budget allows the Federal Government to meet the nuclear stockpile and stockpile stewardship program requirements during the fiscal year covered
by the budget and the four subsequent fiscal years; and
‘‘(ii) if the Commander determines that such budget
does not allow the Federal Government to meet such
requirements, a description of the steps being taken to
meet such requirements.
‘‘(B) Not later than 30 days after the date on which the Chairman of the Joint Chiefs of Staff receives the assessment of the
Commander of the United States Strategic Command under
subparagraph (A), the Chairman shall submit to the congressional
defense committees—
‘‘(i) such assessment as it was submitted to the Chairman;
and
‘‘(ii) any comments of the Chairman.
‘‘(6) In this subsection, the term ‘budget’ has the meaning
given that term in section 231(f) of this title.’’.
(c) MODIFICATION OF BUDGET REVIEW BY NUCLEAR WEAPONS
COUNCIL.—Section 4717 of the Atomic Energy Defense Act (50
U.S.C. 2757) is amended—
(1) in subsection (a)—
(A) by striking paragraph (2) and inserting the following:
‘‘(2) REVIEW.—The Council shall review each budget request
transmitted to the Council under paragraph (1) in accordance
with section 179(f) of title 10, United States Code.’’; and
(B) in paragraph (3)(A)—
(i) in the matter preceding clause (i), by striking
‘‘paragraph
(2)(B)(i)’’
and
inserting
‘‘section
179(f)(2)(B)(i) of title 10, United States Code,’’; and
(ii) in clause (i), by striking ‘‘the description under
paragraph (2)(B)(i)’’ and inserting ‘‘that description’’;
and
(2) in subsection (b)—

H. R. 7776—544
(A) by striking ‘‘COUNCIL.—’’ in the heading and all
that follows through ‘‘At the time’’ and inserting
‘‘COUNCIL.—At the time’’; and
(B) by striking paragraph (2).
(d) UPDATES ON MEETINGS.—Section 179(g)(1)(A) of title 10,
United States Code, is amended by inserting ‘‘and the members
who attended each meeting’’ before the semicolon.
(e) REPEAL OF TERMINATION OF NUCLEAR WEAPONS COUNCIL
CERTIFICATION AND REPORTING REQUIREMENT.—Section 1061(c) of
the National Defense Authorization Act for Fiscal Year 2017 (Public
Law 114–328; 10 U.S.C. 111 note) is amended by striking paragraph
(10).
SEC. 1634. PORTFOLIO MANAGEMENT FRAMEWORK FOR NUCLEAR
FORCES.

(a) IN GENERAL.—Chapter 24 of title 10, United States Code,
is amended by adding at the end the following new section (and
conforming the table of sections at the beginning of such chapter
accordingly):
‘‘§ 499c. Portfolio management framework for nuclear forces
‘‘(a) REQUIREMENT.—Not later than January 1, 2024, the Secretary of Defense shall—
‘‘(1) implement a portfolio management framework for
nuclear forces of the United States that—
‘‘(A) specifies the portfolio of nuclear forces covered
by the framework;
‘‘(B) establishes a portfolio governance structure for
such forces that takes advantage of, or is modeled on,
an existing portfolio governance structure, such as the Deputy’s Management Action Group described in Department
of Defense Directive 5105.79;
‘‘(C) outlines the approach of the Secretary for identifying and managing risk relating to such forces and
prioritizing the efforts among such forces, including how
the Secretary, acting through the Under Secretary of
Defense for Acquisition and Sustainment, will coordinate
such identification, management, and prioritization with
the Administrator for Nuclear Security using the coordination processes of the Nuclear Weapons Council; and
‘‘(D) incorporates the findings and recommendations
identified by the Comptroller General of the United States
in the report titled ‘Nuclear Enterprise: DOD and NNSA
Could Further Enhance How They Manage Risk and
Prioritize Efforts’ (GAO–22–104061) and dated January
2022; and
‘‘(2) complete a comprehensive assessment of the portfolio
management capabilities required to identify and manage risk
in the portfolio of nuclear forces, including how to draw upon
public and private sector resources and the program management expertise within the Defense Acquisition University.
‘‘(b) ANNUAL BRIEFINGS; NOTIFICATIONS.—(1) In conjunction
with the submission of the budget of the President to Congress
pursuant to section 1105 of title 31 for fiscal year 2025 and each
fiscal year thereafter through the date specified in subsection (c),
the Secretary shall provide to the congressional defense committees
a briefing on identifying and managing risk relating to nuclear

H. R. 7776—545
forces and prioritizing the efforts among such forces, including,
with respect to the period covered by the briefing—
‘‘(A) the current and projected operational requirements
for nuclear forces that were used for such identification,
management, and prioritization;
‘‘(B) key areas of risk identified; and
‘‘(C) a description of the actions proposed or carried out
to mitigate such risk.
‘‘(2) The Secretary may provide the briefings under paragraph
(1) in classified form.
‘‘(3) If a House of Congress adopts a bill authorizing or appropriating funds that, as determined by the Secretary, provides funds
in an amount that will result in a significant delay in the nuclear
certification or delivery of nuclear forces, the Secretary shall notify
the congressional defense committees of the determination.
‘‘(c) TERMINATION.—The requirements of this section shall
terminate 90 days after the date on which the Secretary certifies
to the congressional defense committees that each of the following
have achieved full operational capability:
‘‘(1) The LGM–35A Sentinel intercontinental ballistic missile weapon system.
‘‘(2) The Columbia-class ballistic missile submarine program.
‘‘(3) The long-range standoff weapon program.
‘‘(4) The B–21 Raider bomber aircraft program.
‘‘(5) The F–35A dual-capable aircraft program.
‘‘(d) NUCLEAR FORCES DEFINED.—In this section, the term
‘nuclear forces’ includes, at a minimum—
‘‘(1) nuclear weapons;
‘‘(2) the delivery platforms and systems for nuclear
weapons;
‘‘(3) nuclear command, control, and communications systems; and
‘‘(4) the infrastructure and facilities of the Department
of Defense and the National Nuclear Security Administration
that support nuclear weapons, the delivery platforms and systems for nuclear weapons, and nuclear command, control, and
communications systems, including with respect to personnel,
construction, operation, and maintenance.’’.
(b) INITIAL BRIEFING.—
(1) REQUIREMENT.—Not later than June 1, 2023, the Secretary of Defense shall provide to the congressional defense
committees a briefing on the progress of the Secretary to—
(A) develop the portfolio management framework for
nuclear forces under section 499c of title 10, United States
Code, as added by subsection (a); and
(B) complete the assessment described in subsection
(a)(2) of such section.
(2) FORM.—The Secretary may provide the briefing under
paragraph (1) in classified form.
SEC. 1635. EXTENSION OF REQUIREMENT TO REPORT ON NUCLEAR
WEAPONS STOCKPILE.

Section 492a(a)(1) of title 10, United States Code, is amended
by striking ‘‘2024’’ and inserting ‘‘2029’’.

H. R. 7776—546
SEC. 1636. MODIFICATION AND EXTENSION OF ANNUAL ASSESSMENT
OF CYBER RESILIENCE OF NUCLEAR COMMAND AND CONTROL SYSTEM.

(a) QUARTERLY BRIEFINGS.—Subsection (d) of section 499 of
title 10, United States Code, is amended to read as follows:
‘‘(d) QUARTERLY BRIEFINGS.—(1) Not less than once every
quarter, the Deputy Secretary of Defense and the Vice Chairman
of the Joint Chiefs of Staff shall jointly provide to the Committees
on Armed Services of the House of Representatives and the Senate—
‘‘(A) a briefing on any intrusion or anomaly in the nuclear
command, control, and communications system that was identified during the previous quarter, including—
‘‘(i) an assessment of any known, suspected, or potential impacts of such intrusions and anomalies to the mission
effectiveness of military capabilities as of the date of the
briefing; and
‘‘(ii) with respect to cyber intrusions of contractor networks known or suspected to have resulted in the loss
or compromise of design information regarding the nuclear
command, control, and communications system; or
‘‘(B) if no such intrusion or anomaly occurred with respect
to the quarter to be covered by that briefing, a notification
of such lack of intrusions and anomalies.
‘‘(2) In this subsection:
‘‘(A) The term ‘anomaly’ means a malicious, suspicious
or abnormal cyber incident that potentially threatens the
national security or interests of the United States, or that
is likely to result in demonstrable harm to the national security
of the United States.
‘‘(B) The term ‘intrusion’ means an unauthorized and malicious cyber incident that compromises a nuclear command,
control, and communications system by breaking the security
of such a system or causing it to enter into an insecure state.’’.
(b) EXTENSION.—Subsection (e) of such section is amended by
striking ‘‘December 31, 2027’’ and inserting ‘‘December 31, 2032’’.
(c) CONFORMING REPEAL.—Section 171a of title 10, United
States Code, is amended—
(1) by striking subsection (h); and
(2) by redesignating subsections (i) through (l) as subsections (h) through (k), respectively.
SEC. 1637. MODIFICATION OF REPORTS ON NUCLEAR POSTURE
REVIEW IMPLEMENTATION.

Section 491(c) of title 10, United States Code is amended—
(1) in the heading, by striking ‘‘2010’’;
(2) in the matter preceding paragraph (1)—
(A) by striking ‘‘2012 through 2021’’ and inserting
‘‘2022 through 2031’’; and
(B) by striking ‘‘2010’’ and inserting ‘‘a’’; and
(3) by striking paragraph (1) and inserting the following
new paragraph (1.):
‘‘(1) ensure that the report required by section 492a of
this title is transmitted to Congress, if so required under such
section;’’.

H. R. 7776—547
SEC. 1638. ESTABLISHMENT OF INTERCONTINENTAL BALLISTIC MISSILE SITE ACTIVATION TASK FORCE FOR SENTINEL PROGRAM.

(a) ESTABLISHMENT.—
(1) TASK FORCE.—There is established within the Air Force
Global Strike Command a directorate to be known as the Sentinel Intercontinental Ballistic Missile Site Activation Task
Force (in this section referred to as the ‘‘Task Force’’).
(2) SITE ACTIVATION TASK FORCE.—The Task Force shall
serve as the Site Activation Task Force (as that term is defined
in Air Force Instruction 10–503, updated October 14, 2020)
for purposes of overseeing and coordinating the construction
of fixed facilities and emplacements and the installation and
checkout of supporting subsystems and equipment leading to
the deployment and achievement of full operational capability
of the LGM–35A Sentinel intercontinental ballistic missile
weapon system at each intercontinental ballistic missile wing
for use by the Air Force Global Strike Command in support
of plans and operations of the United States Strategic Command.
(b) DIRECTOR.—
(1) HEAD.—The Task Force shall be headed by the Director
of Intercontinental Ballistic Missile Modernization.
(2) APPOINTMENT.—
(A) IN GENERAL.—The Secretary of the Air Force shall
appoint the Director from among the general officers of
the Air Force.
(B) QUALIFICATIONS.—In appointing the Director, the
Secretary shall give preference to individuals with expertise
in intercontinental ballistic missile operations and large
construction projects.
(3) TERM OF OFFICE.—
(A) TERM.—The Director shall be appointed for a term
of three years. The Secretary may reappoint the Director
for one additional three-year term.
(B) REMOVAL.—The Secretary may remove the Director
for cause at any time.
(4) DUTIES.—
(A) IN GENERAL.—The Director shall—
(i) oversee and coordinate the activities of the Air
Force in support of—
(I) the deployment of the LGM–35A Sentinel
intercontinental ballistic missile weapon system;
and
(II) the retirement of the LGM–30G Minuteman III intercontinental ballistic missile weapon
system; and
(ii) subject to the authority, direction, and control
of the Commander of the Air Force Global Strike Command, the Chief of Staff of the Air Force, and the
Secretary of the Air Force, prepare, justify, and execute
the personnel, operation and maintenance, and
construction budgets for such deployment and retirement.
(B) RULE OF CONSTRUCTION.—Nothing in this subsection shall be construed to supersede or otherwise alter
the organizational relationships and responsibilities

H. R. 7776—548
regarding oversight and management of the LGM–35A Sentinel as a Major Capability Acquisition Program, as outlined in Department of Defense Instruction 5000.85, ‘‘Major
Capability Acquisition’’, dated November 4, 2021.
(c) REPORTS.—
(1) REPORT TO SECRETARIES.—Not later than one year after
the date of the enactment of this Act, and annually thereafter
until the date specified in subsection (e), the Director, in consultation with the milestone decision authority (as defined in
section 4251(d) of title 10, United States Code) for the LGM–
35A Sentinel intercontinental ballistic missile program, shall
submit to the Secretary of Defense and the Secretary of the
Air Force a report on the progress of the Air Force in achieving
initial and full operational capability for the LGM–35A Sentinel
intercontinental ballistic missile weapon system.
(2) REPORT TO CONGRESS.—Not later than 30 days after
receiving a report under paragraph (1), the Secretary of Defense
and the Secretary of the Air Force shall jointly submit to
the congressional defense committees the report.
(3) FORM.—The report under paragraph (1) shall be submitted in unclassified form, but may include a classified annex.
(4) QUARTERLY BRIEFING.—Not later than one year after
the date of the enactment of this Act, and every 90 days
thereafter until the date specified in subsection (e), the Secretary of the Air Force shall provide to the congressional
defense committees a briefing regarding the progress made
on activities by the Task Force to bring the LGM–35A Sentinel
intercontinental ballistic missile weapon system to operational
capability at each intercontinental ballistic missile wing.
(d) WEAPON SYSTEM DESIGNATION.—
(1) WEAPON SYSTEM.—For purposes of nomenclature and
life cycle maintenance, each wing level configuration of the
LGM–35A Sentinel intercontinental ballistic missile shall be
considered a weapon system.
(2) DEFINITIONS.—In this subsection:
(A) The term ‘‘weapon system’’ has the meaning given
the term in Department of the Air Force Pamphlet 63–
128, updated February 3, 2021.
(B) The term ‘‘wing level configuration’’ means the
complete arrangement of subsystems and equipment of the
LGM–35A Sentinel intercontinental ballistic missile
required to function as a wing.
(e) TERMINATION.—The Task Force shall terminate not later
than 90 days after the date on which the Commander of the United
States Strategic Command and the Commander of the Air Force
Global Strike Command (or the heads of successor agencies of
the United States Strategic Command and the Air Force Global
Strike Command) jointly declare that the LGM–35A Sentinel intercontinental ballistic missile weapon system has achieved full operational capability.
SEC. 1639. PROHIBITION ON REDUCTION OF THE INTERCONTINENTAL
BALLISTIC MISSILES OF THE UNITED STATES.

(a) PROHIBITION.—Except as provided in subsection (b), none
of the funds authorized to be appropriated by this Act or otherwise
made available for fiscal year 2023 for the Department of Defense

H. R. 7776—549
may be obligated or expended for the following, and the Department
may not otherwise take any action to do the following:
(1) Reduce, or prepare to reduce, the responsiveness or
alert level of the intercontinental ballistic missiles of the United
States.
(2) Reduce, or prepare to reduce, the quantity of deployed
intercontinental ballistic missiles of the United States to a
number less than 400.
(b) EXCEPTION.—The prohibition in subsection (a) shall not
apply to any of the following activities:
(1) The maintenance or sustainment of intercontinental
ballistic missiles.
(2) Ensuring the safety, security, or reliability of intercontinental ballistic missiles.
(3) Facilitating the transition from the Minuteman III
intercontinental ballistic missile to the Sentinel intercontinental ballistic missile (previously referred to as the ‘‘groundbased strategic deterrent weapon’’).
SEC. 1640. PLAN FOR DEVELOPMENT OF REENTRY VEHICLES.

(a) PLAN.—The Under Secretary of Defense for Acquisition and
Sustainment, in consultation with the Administrator for Nuclear
Security and the Under Secretary of Defense for Research and
Engineering, shall produce a plan for the development, during
the 20-year period beginning on the date of the enactment of this
Act, of—
(1) the Mark 21A reentry vehicle for the Air Force;
(2) the Mark 7 reentry vehicle for the Navy; and
(3) any other reentry vehicles for—
(A) the Sentinel intercontinental ballistic missile
weapon system;
(B) the Trident II (D5) submarine-launched ballistic
missile, or subsequent missile; and
(C) any other long-range ballistic or hypersonic strike
missile that may rely upon technologies similar to the
technologies used in the missiles described in subparagraphs (A) and (B).
(b) ELEMENTS.—The plan under subsection (a) shall—
(1) with respect to the development of each reentry vehicle
described in such subsection, describe—
(A) timed phases of production for the reentry aeroshell
and the planned production and fielding of the reentry
vehicle;
(B) the required developmental and operational testing
capabilities and capacities, including such capabilities and
capacities of the reentry vehicle;
(C) the technology development and manufacturing
capabilities that may require use of authorities under the
Defense Production Act of 1950 (50 U.S.C. 4501 et seq.);
and
(D) the industrial base capabilities and capacities,
including the availability of sufficient critical materials
and staffing to ensure adequate competition between entities developing the reentry vehicle;
(2) provide estimated cost projections for the development
of the first operational reentry vehicle and the production of

H. R. 7776—550
subsequent reentry vehicles to meet the requirements of the
Navy and Air Force; and
(3) provide for the coordination with and account for the
needs of the development by the Department of Defense of
hypersonic systems using materials, staffing, and an industrial
base similar to that required for the development of reentry
vehicles described in subsection (a).
(c) ASSESSMENTS.—
(1) COST PROJECTIONS.—The Director of the Office of Cost
Assessment and Program Evaluation of the Department of
Defense, in coordination with the Director of the Office of
Cost Estimating and Program Evaluation of the National
Nuclear Security Administration, shall conduct an assessment
of the costs of the plan under subsection (a).
(2) TECHNOLOGY AND MANUFACTURING READINESS.—Not
later than 90 days after the date of the enactment of this
Act, the Under Secretary of Defense for Acquisition and
Sustainment shall seek to enter into an agreement with a
federally funded research and development center to conduct
an assessment of the technology and manufacturing readiness
levels with respect to the plan under subsection (a).
(d) SUBMISSION TO CONGRESS.—Not later than one year after
the date of the enactment of this Act, the Under Secretary of
Defense for Acquisition and Sustainment shall submit to the
congressional defense committees the plan under subsection (a)
and the assessments under subsection (c).
SEC.

1641.

TREATMENT OF NUCLEAR MODERNIZATION AND
HYPERSONIC MISSILE PROGRAMS WITHIN DEFENSE
PRIORITIES AND ALLOCATIONS SYSTEM.

(a) REVIEW AND BRIEFING.—Not later than January 1, 2023,
and annually thereafter until January 1, 2028, the Secretary of
Defense and the Secretary of Energy shall jointly provide to the
congressional defense committees a briefing, with respect to each
nuclear weapons delivery system, missile warning system,
hypersonic boost-glide missile system program, and weapon program or nuclear security enterprise infrastructure project of the
National Nuclear Security Administration, on—
(1) which such programs or projects have been reviewed
or considered for a determination of DX priority rating under
part 700 of title 15, Code of Federal Regulations;
(2) which, if any, such programs or projects have been
assigned a DX priority rating, or have been determined to
require such rating and a timeline for assignment;
(3) any such programs or projects that have sought DX
rating but have been denied assignment, including a rationale
for denial;
(4) any such program or project which had previously
obtained a DX rating and the designation was unassigned;
and
(5) other related matters the Secretaries determine appropriate, including the potential impacts and risks to other programs.
(b) MILESTONE REVIEW REQUIREMENT.—With respect to any
program or project that the Secretary of Defense and the Secretary
of Energy identify under subsection (a)(1) as not having been
reviewed or considered for a determination of DX priority rating

H. R. 7776—551
under part 700 of title 15, Code of Federal Regulations, the respective Secretary shall—
(1) conduct an assessment regarding the need for such
a DX priority rating not less frequently than prior to the
program or project achieving Milestone A approval, Milestone
B approval, and Milestone C approval, or equivalent; and
(2) document such assessment within the acquisition decision memorandum, or equivalent, for the program or project.
SEC. 1642. MATTERS RELATING TO NUCLEAR-CAPABLE SEA-LAUNCHED
CRUISE MISSILE.

(a) REPORT ON DETERRENCE.—Not later than 270 days after
the date of the enactment of this Act, the Secretary of Defense
shall submit to the congressional defense committees a report that
describes the approach by the Department of Defense for deterring
theater nuclear employment by Russia, China, and North Korea,
including—
(1) an assessment of the current and future theater nuclear
capabilities and doctrines of Russia, China, and North Korea;
(2) an explanation of the strategy and capabilities of the
United States for deterring theater nuclear employment; and
(3) a comparative assessment of options for strengthening
deterrence of theater nuclear employment, including pursuit
of the nuclear-capable sea-launched cruise missile and other
potential changes to the nuclear and conventional posture and
capabilities of the United States.
(b) CONCEPT OF OPERATIONS AND OPERATIONAL IMPLICATIONS.—
(1) CONCEPT OF OPERATIONS.—Not later than 150 days
after the date of the enactment of this Act, the Vice Chairman
of the Joint Chiefs of Staff, in coordination with the Chief
of Naval Operations, the Under Secretary of Defense for Policy,
the Commander of the United States Strategic Command, the
Commander of the United States European Command, and
the Commander of the United States Indo-Pacific Command,
shall develop and validate a concept of operations for a nuclearcapable sea-launched cruise missile that provides options for,
at a minimum—
(A) regularly deploying the missile in relevant operational theaters; and
(B) maintaining the missile in reserve and deploying
as needed to relevant operational theaters.
(2) OPERATIONAL IMPLICATIONS.—Not later than 270 days
after the date of the enactment of this Act, and based upon
the concept of operations developed pursuant to paragraph
(1), the Chief of Naval Operations, in coordination with the
Vice Chairman of the Joint Chiefs of Staff, the Commander
of the United States Strategic Command, the Commander of
the United States European Command, and the Commander
of the United States Indo-Pacific Command, shall submit to
the congressional defense committees a report that describes
the operational implications associated with deploying nuclearcapable sea-launched cruise missiles on naval vessels,
including—
(A) anticipated effects on the deterrence of regional
nuclear use by Russia, China, and North Korea from such
deployment;

H. R. 7776—552
(B) expected adjustments in the regional balances of
nuclear forces between the United States and Russia,
China, and North Korea respectively, based on the anticipated effects under subparagraph (A);
(C) anticipated operational and deterrence implications
of allocating missile or torpedo tubes from conventional
munitions to nuclear munitions if additional vessels beyond
current planning are not available;
(D) anticipated operational constraints and trade-offs
associated with reserving or limiting naval vessels, if
applicable, on account of nuclear mission requirements;
(E) adjustments to posture and operationally available
capabilities that may be required if the Navy is not provided with additional resources to support tactical nuclear
operations, including potential costs and constraints
relating to nuclear certification, modifications to port infrastructure, personnel training, and other factors; and
(F) any other issues identified by the Chief, Vice Chairman, and Commanders.
(c) REPORT ON DEVELOPMENT.—Not later than 270 days after
the date of the enactment of this Act, the Administrator for Nuclear
Security shall submit to the congressional defense committees a
report that describes the cost and timeline of developing and producing a variation of the W80–4 warhead for a nuclear-capable
sea-launched cruise missile, including—
(1) the cost of developing, producing, and sustaining the
warhead;
(2) the timeline for the design, production, and fielding
of the warhead; and
(3) an assessment of how the pursuit of a variant of the
W80–4 warhead may affect other planned warhead activities
of the National Nuclear Security Administration, including
whether there would be risk to the cost and schedule of other
warhead programs of the Administration if the Nuclear
Weapons Council added a nuclear-capable sea-launched cruise
missile warhead to the portfolio of such programs.
(d) SPEND PLAN.—Not later than 45 days after the date of
the enactment of this Act, the Secretary of the Navy and the
Administrator for Nuclear Security shall submit to the congressional
defense committees the anticipated spend plans for the research
and development of a nuclear-capable sea-launched cruise missile
and the associated warhead for the missile with respect to each
of the following:
(1) The funds for such research and development appropriated by the Consolidated Appropriations Act, 2022 (Public
Law 117–103).
(2) The funds for such research and development authorized
to be appropriated by this Act.
(e) CONSOLIDATED REPORT.—The reports required by subsections (a) and (b)(2) may be submitted in one consolidated report.
(f) PREFERRED COURSE OF ACTION.—To inform the reports
under this section, not later than 30 days after the date of the
enactment of this Act, the Secretary of Defense shall identify one
or more preferred courses of action from among the actions identified in the analysis of alternatives for a nuclear-capable sealaunched cruise missile.
(g) LIMITATION.—

H. R. 7776—553
(1) IN GENERAL.—None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year
2023 for the Department of Defense or the National Nuclear
Security Administration may be obligated or expended for a
purpose specified in paragraph (2) until each of the reports
under this section and a detailed, unclassified summary of
the analysis of alternatives regarding the nuclear-capable sealaunched cruise missile have been submitted to the congressional defense committees.
(2) FUNDS SPECIFIED.—The purposes specified in this paragraph are the following:
(A) With respect to the Department of Defense, system
development and demonstration of a nuclear-capable sealaunched cruise missile.
(B) With respect to the National Nuclear Security
Administration, development engineering for a modified,
altered, or new warhead for a sea-launched cruise missile.
(h) DEFINITIONS.—In this section:
(1) The term ‘‘development engineering’’ means activities
under phase 3 of the joint nuclear weapons life cycle (as defined
in section 4220 of the Atomic Energy Defense Act (50 U.S.C.
2538b) or phase 6.3 of a nuclear weapons life extension program.
(2) The term ‘‘system development and demonstration’’
means the activities occurring in the phase after a program
achieves Milestone B approval (as defined in section 4172 of
title 10, United States Code).

Subtitle D—Missile Defense Programs
SEC. 1651. BIANNUAL BRIEFING ON MISSILE DEFENSE AND RELATED
ACTIVITIES.

Chapter 23 of title 10, United States Code, is amended by
inserting after section 486 the following new section (and conforming the table of sections at the beginning of such chapter
accordingly):
‘‘§ 487. Biannual briefing on missile defense and related
activities
‘‘(a) IN GENERAL.—On or about June 1 and December 1 of
each year, the officials specified in subsection (b) shall provide
to the Committees on Armed Services of the Senate and the House
of Representatives a briefing on matters relating to missile defense
policies, operations, technology development, and other similar
topics as requested by such committees.
‘‘(b) OFFICIALS SPECIFIED.—The officials specified in this subsection are the following:
‘‘(1) The Assistant Secretary of Defense for Acquisition.
‘‘(2) The Assistant Secretary of Defense for Space Policy.
‘‘(3) The Director of the Missile Defense Agency.
‘‘(4) The Director for Strategy, Plans, and Policy of the
Joint Staff.
‘‘(c) DELEGATION.—An official specified in subsection (b) may
delegate the authority to provide a briefing required by subsection
(a) to a member of the Senior Executive Service who reports to
the official.

H. R. 7776—554
‘‘(d) TERMINATION.—The requirement to provide a briefing
under subsection (a) shall terminate on January 1, 2028.’’.
SEC.

1652.

IMPROVEMENTS TO ACQUISITION ACCOUNTABILITY
REPORTS ON THE BALLISTIC MISSILE DEFENSE SYSTEM.

(a) ELEMENTS OF BASELINES.—Subsection (b) of section 225
of title 10, United States Code, is amended—
(1) in paragraph (1)(C), by striking ‘‘and flight’’ and
inserting ‘‘, flight, and cybersecurity’’;
(2) in paragraph (2), by striking subparagraph (C) and
inserting the following new subparagraph (C):
‘‘(C) how the proposed capability satisfies a capability
requirement or performance attribute identified through—
‘‘(i) the missile defense warfighter involvement
process, as governed by United States Strategic Command Instruction 538-03, or such successor document;
or
‘‘(ii) processes and products approved by the Joint
Chiefs of Staff or Joint Requirements Oversight
Council;’’; and
(3) in paragraph (3)—
(A) in subparagraph (C), by striking ‘‘; and’’ and
inserting a semicolon;
(B) in subparagraph (D), by striking the period at
the end and inserting ‘‘; and’’; and
(C) by adding at the end the following new subparagraph:
‘‘(E) an explanation for why a program joint cost analysis requirements description has not been prepared and
approved, and, if a program joint cost analysis requirements description is not applicable, the rationale for such
inapplicability.’’.
(b) ANNUAL REPORTS ON ACQUISITION BASELINES.—Subsection
(c) of such section is amended—
(1) in paragraph (2)(B)(ii)—
(A) in subclause (I)—
(i) by striking ‘‘initial’’ and inserting ‘‘original’’;
and
(ii) by striking ‘‘; and’’ and inserting a semicolon;
(B) in subclause (II), by striking the period at the
ending and inserting ‘‘; and’’; and
(C) by adding at the end the following new subclause:
‘‘(III) the most recent adjusted or revised acquisition
baseline for such program element or major subprogram
under subsection (d).’’;
(2) by redesignating paragraph (3) as paragraph (4);
(3) by inserting after paragraph (3) the following new paragraph:
‘‘(3)(A) Each report under paragraph (1) shall include the total
system costs for each element described in subparagraph (B) that
comprises the missile defense system, without regard to funding
source or management control (such as the Missile Defense Agency,
a military department, or other element of the Department of
Defense).
‘‘(B) The elements described in this subparagraph shall include
the following:
‘‘(i) Research and development.

H. R. 7776—555
‘‘(ii) Procurement.
‘‘(iii) Military construction.
‘‘(iv) Operations and sustainment.
‘‘(v) Disposal.’’; and
(4) by inserting after paragraph (4) the following new paragraph (5):
‘‘(5) In this subsection:
‘‘(A) The term ‘original acquisition baseline’ means, with
respect to a program element or major subprogram, the first
acquisition baseline created for the program element or major
subprogram that has no previous iterations and has not been
adjusted or revised, including any adjustments or revisions
pursuant to subsection (d).
‘‘(B) The term ‘total system costs’ means, with respect
to each element that comprises the missile defense system—
‘‘(i) all combined costs from closed, canceled, and active
acquisition baselines;
‘‘(ii) any costs shifted to or a part of future efforts
without an established acquisition baseline; and
‘‘(iii) any costs under the responsibility of a military
department or other Department entity.’’.
(c) OPERATIONS AND SUSTAINMENT COST ESTIMATES.—Subsection (e) of such section is amended—
(1) in paragraph (1), by striking ‘‘; and’’ and inserting
a semicolon;
(2) in paragraph (2), by striking the period at the end
and inserting a semicolon; and
(3) by adding at the end the following new paragraphs:
‘‘(3) the amount of operations and sustainment costs (dollar
value and base year) for which the military department or
other element of the Department of Defense is responsible;
and
‘‘(4)(A) a citation to the source (such as a joint cost estimate
or one or more military department estimates) that captures
the operations and sustainment costs for which a military
department or other element of the Department of Defense
is responsible;
‘‘(B) the date the source was prepared; and
‘‘(C) if and when the source was independently verified
by the Office for Cost Assessment and Program Evaluation.’’.
SEC. 1653. MAKING PERMANENT PROHIBITIONS RELATING TO MISSILE
DEFENSE INFORMATION AND SYSTEMS.

Section 130h of title 10, United States Code, is amended by
striking subsection (e).
SEC. 1654. NEXT GENERATION INTERCEPTORS FOR MISSILE DEFENSE
OF UNITED STATES HOMELAND.

(a) MODIFICATION TO CONGRESSIONAL NOTIFICATION OF CANCELLATION.—Section 1668(c) of the National Defense Authorization
Act for Fiscal Year 2022 (Public Law 117–81) is amended—
(1) in the matter preceding paragraph (1)—
(A) by striking ‘‘30 days prior to any’’ and inserting
‘‘90 days prior to implementation of a’’; and
(B) by striking ‘‘Director’’ and inserting ‘‘Secretary of
Defense’’; and
(2) in paragraph (2), by striking ‘‘Director’’ and inserting
‘‘Secretary’’.

H. R. 7776—556
(b) FUNDING PROFILE FOR INCREASED DEPLOYMENT.—Not later
than 180 days after the date of the enactment of this Act, the
Director of the Missile Defense Agency shall submit to the congressional defense committees a report on the funding profile necessary,
by fiscal year, to acquire no fewer than 64 operational next generation interceptors for the next generation interceptor program.
SEC. 1655. TERMINATION OF REQUIREMENT TO TRANSITION BALLISTIC MISSILE DEFENSE PROGRAMS TO THE MILITARY
DEPARTMENTS.

Section 1676(b) of the National Defense Authorization Act for
Fiscal Year 2018 (Public Law 115–91; 10 U.S.C. 4205 note) is
amended—
(1) in paragraph (1), by striking ‘‘Not’’ and inserting ‘‘Except
as provided by paragraph (4), not’’; and
(2) by adding at the end the following new paragraph:
‘‘(4) TERMINATION OF REQUIREMENT.—The requirement in
paragraph (1) to transfer the authorities specified in such paragraph shall terminate on the date that is 60 days after the
date on which the Secretary of Defense submits to the congressional defense committees the report under section 1675(b)
of the National Defense Authorization Act for Fiscal Year 2022
(Public Law 117–81; 135 Stat. 2117).’’.
SEC. 1656. PERSISTENT CYBERSECURITY OPERATIONS FOR BALLISTIC
MISSILE DEFENSE SYSTEMS AND NETWORKS.

(a) PLAN.—Not later than May 1, 2023, the Director of the
Missile Defense Agency and the Director of Operational Test and
Evaluation, in coordination with the Chairman of the Joint Chiefs
of Staff, the Commander of the United States Cyber Command,
and other commanders of combatant commands and functions of
the Joint Staff as appropriate, shall jointly develop a plan to allow
for persistent cybersecurity operations across all networks and
information systems supporting the missile defense system.
(b) ELEMENTS.—The plan under subsection (a) shall include
the following:
(1) An inventory of all networks and information systems
that support the missile defense system, including information
about which components or elements of the networks and
information systems are currently configured for persistent
cybersecurity operations.
(2) A strategy—
(A) for coordinating with the applicable combatant commands on persistent cybersecurity operations; and
(B) in which the Director for Operational Test and
Evaluation monitors and reviews such operations and provides independent assessments of the adequacy and sufficiency of the operations.
(3) A plan for how the Director of the Missile Defense
Agency will respond to cybersecurity testing recommendations
made by the Director for Operational Test and Evaluation.
(4) The timeline required to execute the plan.
(c) BRIEFINGS.—The Director of the Missile Defense Agency
and the Director for Operational Test and Evaluation shall jointly
provide to the congressional defense committees a briefing—
(1) not later than May 15, 2023, on the plan developed
under subsection (a); and

H. R. 7776—557
(2) not later than December 30, 2023, on progress made
toward implementing such plan.
SEC. 1657. FIRE CONTROL ARCHITECTURES.

(a) FIRE CONTROL QUALITY DATA REQUIREMENT.—In carrying
out the analysis of candidate fire control architectures, the Secretary
of the Air Force shall ensure that the Director of the Space
Warfighting Analysis Center of the Space Force, at a minimum,
maintains the requirements needed for the missile defense command and control, battle management, and communications system
to pass the needed quality data within the timelines needed for
current and planned interceptor systems to support engagements
of ballistic and hypersonic threats as described in section 1645
of the William M. (Mac) Thornberry National Defense Authorization
Act for Fiscal Year 2021 (Public Law 116–283; 134 Stat. 4062).
(b) BRIEFING.—Not later than 14 days after the date on which
the Director of the Space Warfighting Analysis Center concludes
the analysis of candidate fire control architectures, the Director
shall provide to the Committees on Armed Services of the House
of Representatives and the Senate a briefing on the results of
the analysis, including the findings of the Director and the architecture recommended by the Director for a future fire control architecture to support engagement of ballistic and hypersonic threats.
SEC. 1658. MIDDLE EAST INTEGRATED AIR AND MISSILE DEFENSE.

(a) IN GENERAL.—The Secretary of Defense, in consultation
with the Secretary of State and the Director of the Defense Intelligence Agency, shall seek to cooperate with allies and partners
in the Middle East with respect to implementing an integrated
air and missile defense architecture to protect the people, infrastructure, and territory of such countries from cruise and ballistic missiles, manned and unmanned aerial systems, and rocket attacks
from Iran and groups linked to Iran.
(b) STRATEGY.—
(1) IN GENERAL.—Not later than 180 days after the date
of the enactment of this Act, the Secretary, in consultation
with the Secretary of State, shall submit to the appropriate
congressional committees a strategy on cooperation with allies
and partners in the area of responsibility of the United States
Central Command to implement a multinational integrated
air and missile defense architecture to protect the people, infrastructure, and territory of such countries from cruise and ballistic missiles, manned and unmanned aerial systems, and
rocket attacks from Iran and groups linked to Iran.
(2) CONTENTS.—The strategy submitted under paragraph
(1) shall include the following:
(A) An assessment of the threat of ballistic and cruise
missiles, manned and unmanned aerial systems, and rocket
attacks from Iran and groups linked to Iran to allies and
partners within the area of responsibility of the United
States Central Command.
(B) A description of current efforts to coordinate indicators and warnings from such attacks with allies and partners within such area of responsibility.
(C) An analysis of current integrated air and missile
defense systems to defend against attacks, in coordination
with allies and partners within such area of responsibility.

H. R. 7776—558
(D) An explanation of how a multinational integrated
air and missile defense architecture would improve collective security in such area of responsibility.
(E) A description of efforts to engage specified foreign
partners in establishing such an architecture.
(F) An identification of elements of the multinational
integrated air and missile defense architecture that—
(i) can be acquired and operated by specified foreign partners; and
(ii) can only be provided and operated by members
of the Armed Forces.
(G) An identification of any challenges in establishing
a multinational integrated air and missile defense architecture with specified foreign partners, including assessments
of the capacity and capability of specified foreign partners
and their ability to independently operate key technical
components of such an architecture, including radars and
interceptor systems.
(H) A description of relevant consultation with the
Secretary of State and the ways in which such an architecture advances United States regional diplomatic goals and
objectives.
(I) Recommendations for addressing the challenges
identified in subparagraph (G) so that the strategy can
be implemented effectively.
(J) Such other matters as the Secretary considers relevant.
(3) PROTECTION OF SENSITIVE INFORMATION.—Any activity
carried out under paragraph (1) shall be conducted in a manner
that is consistent with protection of intelligence sources and
methods and appropriately protects sensitive information and
the national security interests of the United States.
(4) FORMAT.—The strategy submitted under paragraph (1)
shall be submitted in unclassified form, but may include a
classified annex.
(c) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In
this section, the term ‘‘appropriate congressional committees’’ means
the following:
(1) The congressional defense committees.
(2) The Committee on Foreign Affairs and the Permanent
Select Committee on Intelligence of the House of Representatives.
(3) The Committee on Foreign Relations and the Select
Committee on Intelligence of the Senate.
SEC. 1659. IRON DOME SHORT-RANGE ROCKET DEFENSE SYSTEM AND
ISRAELI COOPERATIVE MISSILE DEFENSE PROGRAM CODEVELOPMENT AND CO-PRODUCTION.

(a) IRON DOME SHORT-RANGE ROCKET DEFENSE SYSTEM.—
(1) AVAILABILITY OF FUNDS.—Of the funds authorized to
be appropriated by this Act for fiscal year 2023 for procurement,
Defense-wide, and available for the Missile Defense Agency,
not more than $80,000,000 may be provided to the Government
of Israel to procure components for the Iron Dome short-range
rocket defense system through co-production of such components in the United States by industry of the United States.
(2) CONDITIONS.—

H. R. 7776—559
(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 subcomponents, a certification that the Government of
Israel has demonstrated successful completion of
Production Readiness Reviews, including the validation
of production lines, the verification of component
conformance, and the verification of performance to
specification as defined in the Iron Dome Defense
System Procurement Agreement, as further amended.
(b) ISRAELI COOPERATIVE MISSILE DEFENSE PROGRAM, DAVID’S
SLING WEAPON SYSTEM CO-PRODUCTION.—
(1) IN GENERAL.—Subject to paragraph (3), of the funds
authorized to be appropriated for fiscal year 2023 for procurement, Defense-wide, and available for the Missile Defense
Agency not more than $40,000,000 may be provided to the
Government of Israel to procure the David’s Sling Weapon
System, including for co-production of parts and components
in the United States by United States industry.
(2) AGREEMENT.—Provision of funds specified in paragraph
(1) shall be subject to the terms and conditions in the bilateral
co-production agreement, including—
(A) a one-for-one cash match is made by Israel or
in another matching amount that otherwise meets best
efforts (as mutually agreed to by the United States and
Israel); and
(B) co-production of parts, components, and all-up
rounds (if appropriate) in the United States by United
States industry for the David’s Sling Weapon System is
not less than 50 percent.
(3) CERTIFICATION AND ASSESSMENT.—The Under Secretary
of Defense for Acquisition and Sustainment shall submit to
the appropriate congressional committees—
(A) a certification that the Government of Israel has
demonstrated the successful completion of the knowledge
points, technical milestones, and Production Readiness
Reviews required by the research, development, and technology agreement and the bilateral co-production agreement for the David’s Sling Weapon System; and

H. R. 7776—560
(B) an assessment detailing any risks relating to the
implementation of such agreement.
(c) ISRAELI COOPERATIVE MISSILE DEFENSE PROGRAM, ARROW
3 UPPER TIER INTERCEPTOR PROGRAM CO-PRODUCTION.—
(1) IN GENERAL.—Subject to paragraph (2), of the funds
authorized to be appropriated for fiscal year 2023 for procurement, Defense-wide, and available for the Missile Defense
Agency not more than $80,000,000 may be provided to the
Government of Israel for the Arrow 3 Upper Tier Interceptor
Program, including for co-production of parts and components
in the United States by United States industry.
(2) CERTIFICATION.—The Under Secretary of Defense for
Acquisition and Sustainment shall submit to the appropriate
congressional committees a certification that—
(A) the Government of Israel has demonstrated the
successful completion of the knowledge points, technical
milestones, and Production Readiness Reviews required by
the research, development, and technology agreement for
the Arrow 3 Upper Tier Interceptor Program;
(B) funds specified in paragraph (1) will be provided
on the basis of a one-for-one cash match made by Israel
or in another matching amount that otherwise meets best
efforts (as mutually agreed to by the United States and
Israel);
(C) the United States has entered into a bilateral international agreement with Israel that establishes, with
respect to the use of such funds—
(i) in accordance with subparagraph (D), the terms
of co-production of parts and components on the basis
of the greatest practicable co-production of parts,
components, and all-up rounds (if appropriate) by
United States industry and minimizes nonrecurring
engineering and facilitization expenses to the costs
needed for co-production;
(ii) complete transparency on the requirement of
Israel for the number of interceptors and batteries
that will be procured, including with respect to the
procurement plans, acquisition strategy, and funding
profiles of Israel;
(iii) technical milestones for co-production of parts
and components and procurement;
(iv) a joint affordability working group to consider
cost reduction initiatives; and
(v) joint approval processes for third-party sales;
and
(D) the level of co-production described in subparagraph (C)(i) for the Arrow 3 Upper Tier Interceptor Program is not less than 50 percent.
(d) NUMBER.—In carrying out paragraph (2) of subsection (b)
and paragraph (2) of subsection (c), the Under Secretary may
submit—
(1) one certification covering both the David’s Sling Weapon
System and the Arrow 3 Upper Tier Interceptor Program; or
(2) separate certifications for each respective system.
(e) TIMING.—The Under Secretary shall submit to the congressional defense committees the certification and assessment under
subsection (b)(3) and the certification under subsection (c)(2) no

H. R. 7776—561
later than 30 days before the funds specified in paragraph (1)
of subsections (b) and (c) for the respective system covered by
the certification are provided to the Government of Israel.
(f) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In
this section, the term ‘‘appropriate congressional committees’’ means
the following:
(1) The congressional defense committees.
(2) The Committee on Foreign Relations of the Senate
and the Committee on Foreign Affairs of the House of Representatives.
SEC. 1660. INTEGRATED AIR AND MISSILE DEFENSE ARCHITECTURE
FOR DEFENSE OF GUAM.

(a) REVIEW OF INTEGRATED AIR AND MISSILE DEFENSE
ARCHITECTURE TO DEFEND GUAM.—
(1) REQUIREMENT.—Not later than 60 days after the date
of enactment of this Act, the Secretary of Defense shall seek
to enter into a contract with a federally funded research and
development center to conduct an independent assessment of
the integrated air and missile defense architecture to defend
Guam.
(2) ELEMENTS.—The assessment under paragraph (1) shall
include an analysis of each of the following:
(A) The proposed architecture capability to address
non-ballistic and ballistic missile threats to Guam,
including the sensor, command and control, and interceptor
systems being proposed.
(B) The development and integration risk of the proposed architecture.
(C) The manning required to operate the proposed
architecture, including the availability of housing and infrastructure on Guam to support the needed manning levels.
(3) SUBMISSION.—Not later than 180 days after the date
of the enactment of this Act, the Secretary shall submit to
the congressional defense committees the assessment under
paragraph (1), without change.
(b) DESIGNATION OF OFFICIAL RESPONSIBLE FOR MISSILE
DEFENSE OF GUAM.—
(1) DESIGNATION.—Not later than 90 days after the date
of the enactment of this Act, the Secretary of Defense shall
designate a 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).
(2) DUTIES.—The duties of the official designated under
paragraph (1) shall include the following:
(A) Designing the architecture of the missile defense
system for defending Guam.
(B) Overseeing development of an integrated missile
defense acquisition strategy for the missile defense of
Guam.
(C) Ensuring the military department and Defense
Agency budgets are appropriate for the strategy described
in subparagraph (B).
(D) Siting the integrated missile defense system
described in subparagraph (B).
(E) Overseeing long-term acquisition and sustainment
of the missile defense system for Guam.

H. R. 7776—562
(F) Such other duties as the Secretary determines
appropriate.
(3) PROGRAM TREATMENT.—The integrated missile defense
system referred to in paragraph (2) shall be designated as
special interest acquisition category 1D program and shall be
managed as consistent with Department of Defense Instruction
5000.85 ‘‘Major Capability Acquisition’’.
(4) REPORT.—Concurrent with the submission of each
budget of the President under section 1105(a) of title 31, United
States Code, during the period preceding the date specified
in paragraph (5), the official designated under paragraph (1)
shall submit to the congressional defense committees a report
on the actions taken by the official to carry out the duties
set forth under paragraph (2).
(5) TERMINATION.—The authority of this subsection shall
terminate on the date that is three years after the date on
which the official designated under paragraph (1) determines
that the integrated missile defense system described in paragraph (2) has achieved initial operational capability.
(c) PROCUREMENT.—
(1) REQUIREMENT.—Except as provided by paragraph (2),
not later than December 31, 2023, the Secretary of Defense,
acting through the Director of the Missile Defense Agency,
shall rapidly procure and field up to three vertical launching
systems that can accommodate planned interceptors operated
by the Navy (that do not require major modification or integration into the existing missile defense system), as of the date
of enactment of this Act.
(2) WAIVER.—The Secretary may waive the requirement
under paragraph (1) if—
(A) the Secretary determines that the waiver is in
the best interest of the national security of the United
States;
(B) the Secretary submits to the congressional defense
committees a notification of such waiver, including a justification; and
(C) a period of 120 days has elapsed following the
date of such notification.
SEC. 1661. LIMITATION ON AVAILABILITY OF CERTAIN FUNDS UNTIL
SUBMISSION OF REPORT ON IMPLEMENTATION OF THE
CRUISE MISSILE DEFENSE ARCHITECTURE FOR THE
HOMELAND.

(a) FINDING.—Congress finds that the Deputy Secretary of
Defense made the determination that the Department of the Air
Force has acquisition authority with respect to the capability to
defend the homeland from cruise missiles, as required by section
1684(e) of the National Defense Authorization Act for Fiscal Year
2017 (Public Law 114–328; 10 U.S.C. 4205 note).
(b) REPORT.—Not later than 120 days after the date of the
enactment of this Act, the Secretary of the Air Force, in coordination
with the Commander of the United States Northern Command,
shall submit to the congressional defense committees a report on
the implementation of the cruise missile defense architecture for
the homeland, including—
(1) the architecture planned to meet the requirements of
the United States Northern Command and the North American

H. R. 7776—563
Aerospace Defense Command, including a schedule for capabilities being developed and deployed;
(2) a list of all programs of record of the Air Force that
contribute to such architecture; and
(3) funding profile by year across the most recent futureyears defense program submitted to Congress under section
221 of title 10, United States Code, to develop, deploy, operate,
and sustain such architecture.
(c) LIMITATION.—Of the funds authorized to be appropriated
by this Act or otherwise made available for fiscal year 2023 for
the Department of the Air Force for travel by the Secretary of
the Air Force, not more than 95 percent may be obligated or
expended until the date on which the Secretary of the Air Force
submits the report under subsection (b).
SEC. 1662. STRATEGY TO USE ASYMMETRIC CAPABILITIES TO DEFEAT
HYPERSONIC MISSILE THREATS.

(a) REQUIREMENT.—Not later than March 1, 2023, the Secretary
of Defense, acting through the Director of the Missile Defense
Agency, shall submit to the congressional defense committees a
comprehensive layered strategy to use asymmetric capabilities to
defeat hypersonic missile threats.
(b) ELEMENTS.—The strategy under subsection (a) shall—
(1) address all asymmetric capabilities of the United States,
including with respect to—
(A) directed energy, as described in section 1664 of
the National Defense Authorization Act for Fiscal Year
2022 (Public Law 117–81; 10 U.S.C. 205 note) and including
short-pulse laser technology;
(B) microwave systems;
(C) cyber capabilities; and
(D) any other capabilities determined appropriate by
the Secretary and Director; and
(2) identify the funding required to implement the strategy
during the period covered by the future-years defense program
submitted to Congress under section 221 of title 10, United
States Code, in 2023.
SEC. 1663. PLAN ON DELIVERING SHARED EARLY WARNING SYSTEM
DATA TO CERTAIN ALLIES AND PARTNERS OF THE
UNITED STATES.

(a) PLAN.—The Secretary of Defense, with the concurrence of
the Secretary of State and the Director of National Intelligence,
shall develop a technical fielding plan to deliver information under
the Shared Early Warning System regarding a current or imminent
missile threat to allies and partners of the United States that,
as of the date of the plan, do not receive such information.
(b) REPORT.—Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to
the appropriate congressional committees a report on how rapid
technical fielding of the Shared Early Warning System could be
provided to allies and partners of the United States that—
(1) are not member states of the North Atlantic Treaty
Organization; and
(2) are under current or imminent hostile aggression and
threat of missile attack.

H. R. 7776—564
(c) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In
this section, the term ‘‘appropriate congressional committees’’ means
the following:
(1) The congressional defense committees.
(2) The Committee on Foreign Affairs and the Permanent
Select Committee on Intelligence of the House of Representatives.
(3) The Committee on Foreign Relations and the Select
Committee on Intelligence of the Senate.
SEC. 1664. REPORTS ON GROUND-BASED INTERCEPTORS.

Not later than 30 days after the date of the enactment of
this Act, and on a quarterly basis thereafter until the date on
which the next generation interceptor achieves initial operating
capability, the Director of the Missile Defense Agency, with the
concurrence of the Commander of the United States Northern Command, shall submit to the congressional defense committees a report
that includes the following:
(1) An identification of the number of ground-based interceptors operationally available to the Commander.
(2) If such number is different from the report previously
submitted under this section, the reasons for such difference.
(3) Any anticipated changes to such number during the
period covered by the report.
SEC. 1665. REPORT ON MISSILE DEFENSE INTERCEPTOR SITE IN
CONTIGUOUS UNITED STATES.

Not later than March 31, 2023, the Secretary of Defense, acting
through the Director of the Missile Defense Agency and in coordination with the Commander of the United States Northern Command,
shall submit to the congressional defense committees a report containing—
(1) an updated assessment of the requirement for a missile
defense interceptor site in the contiguous United States; and
(2) a funding profile, by year, of the total costs for the
development and construction of such site, considering the designation of Fort Drum, New York, as the conditionally designated preferred site.

Subtitle E—Other Matters
SEC. 1671. COOPERATIVE THREAT REDUCTION FUNDS.

(a) FUNDING ALLOCATION.—Of the $354,394,000 authorized to
be appropriated to the Department of Defense for fiscal year 2023
in section 301 and made available by the funding table in division
D for the Department of Defense Cooperative Threat Reduction
Program established under section 1321 of the Department of
Defense Cooperative Threat Reduction Act (50 U.S.C. 3711), the
following amounts may be obligated for the purposes specified:
(1) For strategic offensive arms elimination, $6,859,000.
(2) For chemical security and elimination, $14,998,000.
(3) For global nuclear security, $18,088,000.
(4) For biological threat reduction, $225,000,000.
(5) For proliferation prevention, $45,890,000.
(6) For activities designated as Other Assessments/
Administration Costs, $30,763,000.

H. R. 7776—565
(b) SPECIFICATION OF COOPERATIVE THREAT REDUCTION
FUNDS.—Funds appropriated pursuant to the authorization of
appropriations in section 301 and made available by the funding
table in division D for the Department of Defense Cooperative
Threat Reduction Program shall be available for obligation for
fiscal years 2023, 2024, and 2025.
SEC. 1672. DEPARTMENT OF DEFENSE SUPPORT FOR REQUIREMENTS
OF THE WHITE HOUSE MILITARY OFFICE.

(a) MEMBERSHIP ON COUNCIL ON OVERSIGHT OF THE NATIONAL
LEADERSHIP COMMAND, CONTROL, AND COMMUNICATIONS SYSTEM.—
Section 171a(b) of title 10, United States Code, is amended by—
(1) redesignating paragraph (7) as paragraph (8); and
(2) inserting after paragraph (6) the following new paragraph (7):
‘‘(7) The Director of the White House Military Office.’’.
(b) PORTFOLIO MANAGER.—The Secretary of Defense, acting
through the Under Secretary of Defense for Acquisition and
Sustainment, shall designate a senior official to coordinate and
advocate for the portfolio of national level programs of the Department of Defense that are either or both—
(1) in direct support of requirements from the White House
Military Office; or
(2) operationally relevant to the mission areas of the White
House Military Office.
(c) ACCESSIBILITY OF INFORMATION.—The programmatic and
budgetary information required to assess the efficacy of the national
level programs covered by subsection (b) shall be provided to the
senior official designated under such subsection by the following
officials:
(1) The Secretary of each military department.
(2) The Under Secretary of Defense for Policy.
(3) The Under Secretary of Defense for Research and
Engineering.
(4) The Chairman of the Joint Chiefs of Staff.
(5) The Director of Cost Assessment and Program Evaluation.
(d) ANNUAL BRIEFING.—Not later than 30 days after the date
on which the President submits to Congress a budget for each
of fiscal years 2024 through 2027 pursuant to section 1105(a) of
title 31, United States Code, the Under Secretary of Defense for
Acquisition and Sustainment, acting through the senior official
designated under subsection (b), and the personnel of the White
House Military Office that the Director of the White House Military
Office determines appropriate shall jointly provide to the congressional defense committees a briefing on acquisition programs, plans,
and other activities supporting the requirements of the White House
Military Office.
SEC. 1673. UNIDENTIFIED ANOMALOUS PHENOMENA REPORTING
PROCEDURES.

(a) MECHANISM FOR AUTHORIZED REPORTING.—
(1) ESTABLISHMENT.—The Secretary of Defense, acting
through the head of the Office and in consultation with the
Director of National Intelligence, shall establish a secure
mechanism for authorized reporting of—
(A) any event relating to unidentified anomalous phenomena; and

H. R. 7776—566
(B) any activity or program by a department or agency
of the Federal Government or a contractor of such a department or agency relating to unidentified anomalous phenomena, including with respect to material retrieval, material analysis, reverse engineering, research and development, detection and tracking, developmental or operational
testing, and security protections and enforcement.
(2) PROTECTION OF SYSTEMS, PROGRAMS, AND ACTIVITY.—
The Secretary shall ensure that the mechanism for authorized
reporting established under paragraph (1) prevents the
unauthorized public reporting or compromise of classified military and intelligence systems, programs, and related activity,
including all categories and levels of special access and compartmented access programs.
(3) ADMINISTRATION.—The Secretary shall ensure that the
mechanism for authorized reporting established under paragraph (1) is administered by designated and appropriately
cleared employees of the Department of Defense or elements
of the intelligence community or contractors of the Department
or such elements assigned to the Office.
(4) SHARING OF INFORMATION.—
(A) PROMPT SHARING WITHIN OFFICE.—The Secretary
shall ensure that the mechanism for authorized reporting
established under paragraph (1) provides for the sharing
of an authorized disclosure to personnel and supporting
analysts and scientists of the Office (regardless of the
classification of information contained in the disclosure
or any nondisclosure agreements), unless the employees
or contractors administering the mechanism under paragraph (3) conclude that the preponderance of information
available regarding the disclosure indicates that the
observed object and associated events and activities likely
relate to a special access program or compartmented access
program that, as of the date of the disclosure, has been
explicitly and clearly reported to the congressional defense
committees or the congressional intelligence committees,
and is documented as meeting those criteria.
(B) CONGRESSIONAL NOTIFICATION.—Not later than 72
hours after determining that an authorized disclosure
relates to a restricted access activity, a special access program, or a compartmented access program that has not
been explicitly and clearly reported to the congressional
defense committees or the congressional intelligence
committees, the Secretary shall report such disclosure to
such committees and the congressional leadership.
(5) INITIAL REPORT AND PUBLICATION.—Not later than 180
days after the date of the enactment of this Act, the Secretary,
acting through the head of the Office and in consultation with
the Director of National Intelligence, shall—
(A) submit to the congressional defense committees,
the congressional intelligence committees, and the congressional leadership a report detailing the mechanism for
authorized reporting established under paragraph (1); and
(B) issue clear public guidance for how to securely
access the mechanism for authorized reporting.
(b) PROTECTION FOR INDIVIDUALS MAKING AUTHORIZED DISCLOSURES.—

H. R. 7776—567
(1) AUTHORIZED DISCLOSURES.—An authorized disclosure—
(A) shall not be subject to a nondisclosure agreement
entered into by the individual who makes the disclosure;
(B) shall be deemed to comply with any regulation
or order issued under the authority of Executive Order
13526 (50 U.S.C. 3161 note; relating to classified national
security information) or chapter 18 of the Atomic Energy
Act of 1954 (42 U.S.C. 2271 et seq.); and
(C) is not a violation of section 798 of title 18, United
States Code, or other provision of law relating to the disclosure of information.
(2) PROHIBITION ON REPRISALS.—
(A) PROTECTION.—An employee of a department or
agency of the Federal Government, or of a contractor, subcontractor, grantee, subgrantee, or personal services contractor of such a department or agency, who has authority
to take, direct others to take, recommend, or approve any
personnel action, shall not, with respect to such authority,
take or fail to take, or threaten to take or fail to take,
a personnel action, including the revocation or suspension
of security clearances, or termination of employment, with
respect to any individual as a reprisal for any authorized
disclosure.
(B) PROCEDURES.—The Secretary of Defense and the
Director of National Intelligence shall establish procedures
for the enforcement of subparagraph (A) consistent with,
as appropriate, section 1034 of title 10, United States Code,
section 1104 of the National Security Act of 1947 (50 U.S.C.
3234), or other similar provisions of law regarding prohibited personnel actions.
(3) NONDISCLOSURE AGREEMENTS.—
(A) IDENTIFICATION.—The Secretary of Defense, the
Director of National Intelligence, the Secretary of Homeland Security, the heads of such other departments and
agencies of the Federal Government that have supported
investigations of the types of events covered by subparagraph (A) of subsection (a)(1) and activities and programs
described in subparagraph (B) of such subsection, and contractors of the Federal Government that have supported
or are supporting such activities and programs, shall conduct comprehensive searches of all records relating to nondisclosure orders relating to the types of events described
in subsection (a) and provide copies of such orders, agreements, or obligations to the Office.
(B) SUBMISSION TO CONGRESS.—The head of the Office
shall—
(i) make the records compiled under subparagraph
(A) accessible to the congressional defense committees,
the congressional intelligence committees, and the
congressional leadership; and
(ii) not later than September 30, 2023, and at
least once each fiscal year thereafter through fiscal
year 2026, provide to such committees and congressional leadership briefings and reports on such records.
(c) ANNUAL REPORTS.—Section 1683 of the National Defense
Authorization Act for Fiscal Year 2022 (50 U.S.C. 3373) is
amended—

H. R. 7776—568
(1) by striking ‘‘aerial’’ each place it appears and inserting
‘‘anomalous’’;
(2) in subsection (h)—
(A) in paragraph (1), by inserting ‘‘and the congressional leadership’’ after ‘‘appropriate congressional committees’’; and
(B) in paragraph (2), by adding at the end the following
new subparagraph:
‘‘(Q) A summary of the reports received using the
mechanism for authorized reporting established under section 1673 of the James M. Inhofe National Defense
Authorization Act for Fiscal Year 2023.’’; and
(3) in subsection (l)—
(A) by redesignating paragraphs (2) through (5) as
paragraphs (3) through (6), respectively; and
(B) by inserting after paragraph (1) the following new
paragraph (2):
‘‘(2) The term ‘congressional leadership’ means—
‘‘(A) the majority leader of the Senate;
‘‘(B) the minority leader of the Senate;
‘‘(C) the Speaker of the House of Representatives; and
‘‘(D) the minority leader of the House of Representatives.’’.
(d) DEFINITIONS.—In this section:
(1) The term ‘‘authorized disclosure’’ means a report of
any information through, and in compliance with, the mechanism for authorized reporting established pursuant to subsection (a)(1).
(2) The term ‘‘congressional intelligence committees’’ has
the meaning given such term in section 3 of the National
Security Act of 1947 (50 U.S.C. 3003).
(3) The term ‘‘congressional leadership’’ means—
(A) the majority leader of the Senate;
(B) the minority leader of the Senate;
(C) the Speaker of the House of Representatives; and
(D) the minority leader of the House of Representatives.
(4) The term ‘‘intelligence community’’ has the meaning
given such term in section 3 of the National Security Act
of 1947 (50 U.S.C. 3003).
(5) The term ‘‘nondisclosure agreement’’ means any written
or oral nondisclosure agreement, order, or other instrumentality
or means entered into by an individual that could be interpreted
as a legal constraint on the individual making an authorized
disclosure.
(6) The term ‘‘Office’’ means the All-domain Anomaly Resolution Office established pursuant to section 1683(a) of the
National Defense Authorization Act for Fiscal Year 2022 (50
U.S.C. 3373(a)).
(7) The term ‘‘personnel action’’ has the meaning given
such term in section 1104(a) of the National Security Act of
1947 (50 U.S.C. 3234(a)).
(8) The term ‘‘unidentified anomalous phenomena’’ has the
meaning given such term in section 1683(n) of the National
Defense Authorization Act for Fiscal Year 2022 (50 U.S.C.
3373(l)).

H. R. 7776—569
SEC. 1674. STUDY OF WEAPONS PROGRAMS THAT ALLOW ARMED
FORCES TO ADDRESS HARD AND DEEPLY BURIED TARGETS.

(a) STUDY.—Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense, in coordination
with the Chairman of the Joint Chiefs of Staff, the Commander
of the United States Strategic Command, and the Administrator
for Nuclear Security, and in consultation with the Director of
National Intelligence, shall submit to the congressional defense
committees a study on options to hold at risk hard and deeply
buried targets.
(b) ELEMENTS.—The study under subsection (a) shall include
the following:
(1) An analysis of the current and emerging hard and
deeply buried target mission set and associated military
requirements, including—
(A) the number and locations of the targets, including
facilities designed for the storage or manufacture of
nuclear, chemical, or biological weapons and the precursors
of such weapons;
(B) an identification of likely future trajectories in
the worldwide use and proliferation of hard and deeply
buried targets;
(C) the associated military requirements, including the
importance of effectively holding hard and deeply buried
targets at risk in order to meet the national security objectives of the United States; and
(D) an evaluation of the sufficiency of current and
planned nuclear and nonnuclear military capabilities to
satisfy such requirements.
(2) An evaluation of weapons programs that would allow
the Armed Forces to effectively hold hard and deeply buried
targets at risk, including—
(A) any nuclear or nonnuclear weapon and delivery
system the Secretary determines appropriate, including the
cost, timeline for fielding, and likely effectiveness of any
capability under consideration; and
(B) an assessment of a service life extension or modification program of the B83 nuclear gravity bomb as one
of the options.
(3) A proposed strategy for fielding such capabilities in
sufficient quantities and making other adjustments to the
strategy and plans of the United States to account for the
growing hard and deeply buried target set, including—
(A) the resources, research and development efforts,
and capability options needed; and
(B) a five-year funding profile for, at a minimum—
(i) a preferred capability; and
(ii) an alternative capability evaluated under paragraph (2) that meets the requirements under paragraph (1).
(c) FORM.—The study under subsection (a) shall be submitted
in unclassified form, but may include a classified annex.
(d) BRIEFING.—Not later than 30 days after the date on which
the Secretary completes the study under subsection (a), the Secretary shall provide the Committees on Armed Services of the

H. R. 7776—570
House of Representatives and the Senate a briefing on the findings
and recommendations of the study.
(e) LIMITATION ON USE OF FUNDS.—Except as provided by subsection (f), 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 to deactivate, dismantle, or
retire more than 25 percent of the B83–1 nuclear gravity bombs
that were in the active stockpile as of September 30, 2022, until
90 days after the Secretary submits to the Committees on Armed
Services of the Senate and the House of Representatives the study
under subsection (a).
(f) EXCEPTION.—The limitation on the use of funds under subsection (e) shall not apply to the deactivation, dismantling, or retirement of B83–1 nuclear gravity bombs for the purpose of supporting
safety and surveillance, sustainment, life extension, or modification
programs for the B83–1 or other weapons currently in, or planned
to become part of, the nuclear weapons stockpile of the United
States.

TITLE XVII—MUNITIONS REPLENISHMENT AND FUTURE PROCUREMENT
TITLE XVII—MUNITIONS REPLENISHMENT AND FUTURE PROCUREMENT
Sec. 1701. Annual report on industrial base constraints for munitions.
Sec. 1702. Modification to Special Defense Acquisition Fund.
Sec. 1703. Quarterly briefings on replenishment and revitalization of weapons provided to Ukraine.
Sec. 1704. Assessment of requirements and acquisition objectives for Patriot air
and missile defense battalions.
Sec. 1705. Independent assessment of department of defense capability and capacity needs for munitions production and stockpiling.
SEC. 1701. ANNUAL REPORT ON INDUSTRIAL BASE CONSTRAINTS FOR
MUNITIONS.

(a) BRIEFING ON FULFILLMENT OF MUNITIONS REQUIREMENTS.—
Not later than 30 days after the date of the enactment of this
Act, the Secretary of Defense and the Chairman of the Joint Chiefs
of Staff shall provide to the congressional defense committees a
briefing regarding the current process for fulfilling the requirements
of section 222c of title 10, United States Code, including a description of the timeliness of the process and any standardization of
such process across the Department of Defense.
(b) BRIEFING ON REVISION OF REQUIREMENTS.—Not later than
30 days after the date of the enactment of this Act, the Secretary
of Defense and the Chairman of the Joint Chiefs of Staff shall
provide to the congressional defense committees a briefing regarding
the timeline for revision of munitions requirements generated by
section 222c of title 10, United States Code as a result of actions
taken in response to the conflict in Ukraine.
(c) ADDITIONAL REPORT REQUIREMENTS ON OUT-YEAR UNCONSTRAINED TOTAL MUNITIONS REQUIREMENTS AND OUT-YEAR INVENTORY NUMBERS.—Section 222c of title 10, United States Code, is
amended—
(1) in subsection (c), by adding at the end the following
new paragraph:

H. R. 7776—571
‘‘(8) Requirement for Protracted Warfare Scenarios, calculated by doubling the duration of each applicable operation
plan.’’;
(2) by redesignating subsection (e) as subsection (f); and
(3) by inserting after subsection (d) the following new subsection:
‘‘(e) ADDITIONAL REQUIREMENTS.—Each report required under
subsection (a) shall include the following:
‘‘(1) The number of years required to meet the Out-Year
Unconstrained Total Munitions Requirement at the rate
requested for the fiscal year covered by the report.
‘‘(2) The average rate of procurement during the threeyear period preceding the date of the submission of the report,
and the number of years required to meet the Out-Year Unconstrained Total Munitions Requirement at such three-year average rate.
‘‘(3) The additional amount of funding that would be
required, for each fiscal year, to meet the Out-Year Unconstrained Total Munitions Requirement for each munition by
the end of the period covered by the most recent future-years
defense program submitted to Congress pursuant to section
221 of this title.’’.
(d) ANNUAL REPORT ON INDUSTRIAL BASE CONSTRAINTS FOR
MUNITIONS.—
(1) IN GENERAL.—Chapter 9 of title 10, United States Code,
is amended by inserting after section 222c the following new
section:
‘‘§ 222d. Annual report on industrial base constraints for
munitions
‘‘(a) IN GENERAL.—Not later than 30 days after the submission
of all reports required under section 222c(a) of this title, the Under
Secretary of Defense for Acquisition and Sustainment, in coordination with the service acquisition executive of each military department, shall submit to the congressional defense committees a report
detailing the industrial base constraints for each munition identified
in the Out-Year Unconstrained Total Munitions Requirement.
‘‘(b) ELEMENTS.—The report required under subsection (a) shall
include the following elements, broken down by munition:
‘‘(1) Programmed purchase quantities per year.
‘‘(2) Average procurement unit cost per year.
‘‘(3) Contract type.
‘‘(4) Current minimum sustaining rate of production per
month and year.
‘‘(5) Current maximum rate of production per month and
year.
‘‘(6) Expected date to meet the Out-Year Unconstrained
Total Munitions Requirement in section 222c of this title under
the programmed purchase quantities established for the period
covered by the report.
‘‘(7) A description of industrial base constraints on
increased production of each munition, including any supply
chain weaknesses.
‘‘(8) A description of investments or policy changes made
by a defense contractor or by the United States Government
to increase production, enable more efficient production, or
mitigate significant loss of stability in potential production.

H. R. 7776—572
‘‘(9) A description of potential investments or policy changes
identified by a defense contractor or the United States Government to increase munitions production, enable more efficient
production, or mitigate significant loss of stability in potential
production, including—
‘‘(A) direct investments in test and tooling equipment,
workforce development, or improvements to existing
production facilities;
‘‘(B) a pool of rotable critical components or subcomponents for munitions;
‘‘(C) multiyear contracts or other contracting strategies;
‘‘(D) direct investments in components, subcomponents,
or raw materials commonly used across the industrial base;
‘‘(E) direct investments in additive manufacturing or
expeditionary manufacturing capabilities;
‘‘(F) direct investments in simplification of supply
chains; and
‘‘(G) direct investments in technologies or methods to
enable increased scalability and reduced complexity of
production processes for current or future munitions.
‘‘(10) A list of each contract for a munition with a priority
rating of ‘critical to national defense’ (commonly referred to
as a ‘DO-rated order’) or a priority rating of ‘highest national
defense urgency’ (commonly referred to as a ‘DX-rated order’)
in the Defense Priorities and Allocation System pursuant to
part 700 of title 15, Code of Federal Regulations (or any successor regulation).
‘‘(11) A prioritized list of munitions judged to have high
value for export for which additional investments would be
necessary to enable export, including a description of such
investments required.
‘‘(12) A list of munitions subject to the requirements of
chapter 2 of the Arms Export Control Act (22 U.S.C. 2761
et seq.) relating to foreign military sales that are anticipated
to be exported based on developments in the conflict in Ukraine.
‘‘(c) MUNITION DEFINED.—In this section, the term ‘munition’
has the meaning given by the Under Secretary of Defense for
Acquisition.’’.
(2) CLERICAL AMENDMENT.—The table of sections at the
beginning of chapter 9 of title 10, United States Code, is
amended by inserting after the item relating to section 222c
the following new item:
‘‘222d. Annual report on industrial base constraints for munitions.’’.
SEC. 1702. MODIFICATION TO SPECIAL DEFENSE ACQUISITION FUND.

Section 114(c)(1) of title 10, United States Code, is amended
by striking ‘‘$2,500,000,000’’ and inserting ‘‘$3,500,000,000’’.
SEC. 1703. QUARTERLY BRIEFINGS ON REPLENISHMENT AND REVITALIZATION OF WEAPONS PROVIDED TO UKRAINE.

(a) BRIEFINGS ON COVERED SYSTEMS.—The Secretary of Defense
shall provide to the congressional defense committees quarterly
briefings on the progress of the Department of Defense toward—
(1) replenishing the inventory of covered systems;
(2) expanding the production capacity of covered systems;
and

H. R. 7776—573
(3) increasing the resilience of the production capacity of
covered systems.
(b) GROUPING OF COVERED SYSTEMS.—For each briefing
required under subsection (a), the Secretary of Defense may group
covered systems together based on the relevant capabilities of such
covered systems.
(c) ELEMENTS.—Each briefing required under subsection (a)
shall include, with respect to the period covered by such briefing,
the following:
(1) A description of any reprogramming carried out in
accordance with established procedures for each covered system,
with appropriate notation for—
(A) the number of the replenishment tranche; and
(B) a determination of whether each such reprogramming—
(i) replaces covered systems;
(ii) expands production capacity of covered systems; or
(iii) increases the resilience of the production
capacity of covered systems.
(2) A description of obligations applied to each covered
system and expected timeline for future obligations.
(3) A description of current and future production capacity
for each covered system, broken down by month and calendar
year.
(4) A description of expected delivery of covered systems
to the Department of Defense.
(5) To the extent practicable, with respect to the total
number of covered systems provided during the period covered
by the briefing, an estimate for the timing of the delivery
of at least 50 percent of the replenishment articles for a covered
system and the delivery of 100 percent of such replenishment
articles, compared to the number of covered systems provided.
(6) A description of overall actual and expected obligation
rates for all reprogrammings applied to covered systems.
(7) A description of any other investments made that
significantly affect the replenishment timeline or production
capacity of the covered systems.
(8) A description of remaining industrial base risks or
opportunities for increased competition for each covered system
and detailed options to mitigate such risks or expand competition, including any changes necessary to authorities to enable
risk reduction or expanded competition.
(9) To the extent practicable, a comparison of the expected
inventory of covered systems over the next 5 years compared
to the requirements set forth under section 222c of title 10,
United States Code.
(d) BRIEFINGS ON STOCKS OF ALLIES AND PARTNERS.—The Secretary of Defense shall provide to the congressional defense committees, the Committee on Foreign Affairs of the House of Representatives, and the Committee on Foreign Relations of the Senate quarterly briefings that include the following:
(1) A timeline and budgetary estimate for developing and
procuring replacement stocks of covered systems for allies and
partner countries of the United States.

H. R. 7776—574
(2) An update on the efforts of the Department to work
with such allies and partner countries to advance the replenishment of munitions stocks for such allies and partners that
have provided, or are contemplating providing, such stocks
to Ukraine.
(e) TERMINATION.—This section and the requirements of this
section shall terminate on December 31, 2026.
(f) COVERED SYSTEM DEFINED.—In this section, the term ‘‘covered system’’ means any system provided to the Government of
Ukraine pursuant to any of the following:
(1) Section 506 of the Foreign Assistance Act of 1961 (22
U.S.C. 2318).
(2) Section 614 of the Foreign Assistance Act of 1961 (22
U.S.C. 2364).
(3) The Ukraine Security Assistance Initiative established
under section 1250 of the National Defense Authorization Act
for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 1068),
including as amended by this Act, if such system was provided
to Ukraine after February 24, 2022.
SEC. 1704. ASSESSMENT OF REQUIREMENTS AND ACQUISITION OBJECTIVES FOR PATRIOT AIR AND MISSILE DEFENSE BATTALIONS.

(a) ASSESSMENT.—Not later than 120 days after the date of
the enactment of this Act, the Secretary of the Army shall assess
and validate the current and projected battalion and interceptor
requirements and acquisition objectives for the Patriot air and
missile defense system and Patriot advanced capability–3 missile
segment enhancement missiles to determine whether such requirements and objectives are sufficient to meet the requests for forces,
war plans, and contingency requirements of the commanders of
the geographic combatant commands.
(b) REPORT.—Not later than 30 days after the date on which
the Secretary completes the assessment under subsection (a), the
Secretary shall submit to the congressional defense committees
a report on the assessment, including whether the requirements
and acquisition objectives described in such subsection—
(1) are sufficient to meet the requests for forces, war plans,
and contingency requirements of the commanders of the
geographic combatant commands; and
(2) are valid or should be modified.
(c) AUTHORITY.—Subject to the availability of appropriations
for such purpose, the Secretary of the Army may procure up to
four additional Patriot air and missile defense battalions to achieve
a total of up to 20 such battalions.
SEC. 1705. INDEPENDENT ASSESSMENT OF DEPARTMENT OF DEFENSE
CAPABILITY AND CAPACITY NEEDS FOR MUNITIONS
PRODUCTION AND STOCKPILING.

(a) IN GENERAL.—Not later than 90 days after the date of
the enactment of this Act, the Secretary of Defense shall seek
to enter into an agreement with an appropriate federally funded
research and development center for the conduct of a detailed
independent analysis of the extent to which the process used by
the chief of staff of an armed force to implement the Out-Year
Unconstrained Total Munitions Requirement required under section
222c of title 10, United States Code, properly accounts for current
and future requirements for the weapons described in subsection

H. R. 7776—575
(c). Such an agreement shall provide that an analysis conducted
pursuant to the agreement shall be completed within 180 days
after the date on which such agreement was entered into.
(b) MATTERS FOR CONSIDERATION.—An analysis conducted
pursuant to an agreement under subsection (a) shall include a
consideration of each of the following with respect to each weapon
described in subsection (c):
(1) The sufficiency of efforts to implement section 222c
of title 10, United States Code, including—
(A) whether the views of the commanders of each
combatant command are adequately represented;
(B) whether contributions by allies and partner countries are adequately represented;
(C) whether excursions beyond the operational plans,
including the potential of protracted warfare, are adequately represented;
(D) the potential of simultaneous conflicts; and
(E) the degree to which the elements of section 222c(c)
of title 10, United States Code, are appropriate functional
categories.
(2) Any recommendations that could be beneficial to the
overall implementation of such section 222c.
(c) WEAPONS DESCRIBED.—The weapons described in this subsection are the following:
(1) Evolved sea sparrow missile.
(2) MK–48 heavyweight torpedo.
(3) Standard missile variants (including standard missile–
6, standard missile–3 block IIA, and standard missile–3 block
IIA).
(4) Patriot guided missiles.
(5) Terminal high altitude area defense interceptors.
(6) Guided and ballistic missiles fired from the multiplelaunch rocket system (MLRS) or the high mobility artillery
rocket system (HIMARS).
(7) Javelin missile.
(8) Stinger missile.
(9) Air intercept missile (AIM)–9X–Sidewinder.
(10) AIM–120D—Advanced medium range air-to-air missile
(AMRAAM).
(11) Air to ground (AGM)–114—hellfire missile.
(12) Joint direct attack munition.
(13) Tomahawk land attack missile.
(14) Maritime strike tomahawk.
(15) Long range anti-ship missile.
(16) Naval strike missile.
(17) Joint air-to-surface standoff missile extended range.
(18) Harpoon anti-ship missile.
(19) Naval mines.
(20) Any other weapon that the Secretary of Defense or
the federally funded research and development center determine should be included in the analysis.
(d) REPORT.—
(1) IN GENERAL.—Not later than 210 days after entering
into an agreement under subsection (a), the Secretary of
Defense shall submit to the congressional defense committees—
(A) a complete independent assessment of the analysis
completed pursuant to the agreement; and

H. R. 7776—576
(B) any views from the Department of Defense the
Secretary chooses to include.
(2) FORM.—The report required under paragraph (1) shall
be submitted in unclassified form, but may include a classified
annex.

DIVISION B—MILITARY CONSTRUCTION
AUTHORIZATIONS
SEC. 2001. SHORT TITLE.

This division and title XLVI of division D may be cited as
the ‘‘Military Construction Authorization Act for Fiscal Year 2023’’.
SEC.

2002.

EXPIRATION OF AUTHORIZATIONS
REQUIRED TO BE SPECIFIED BY LAW.

AND

AMOUNTS

(a) EXPIRATION OF AUTHORIZATIONS AFTER THREE YEARS.—
Except as provided in subsection (b), all authorizations contained
in titles XXI through XXVII for military construction projects, land
acquisition, family housing projects and facilities, and contributions
to the North Atlantic Treaty Organization Security Investment
Program (and authorizations of appropriations therefor) shall expire
on the later of—
(1) October 1, 2025; or
(2) the date of the enactment of an Act authorizing funds
for military construction for fiscal year 2026.
(b) EXCEPTION.—Subsection (a) shall not apply to authorizations
for military construction projects, land acquisition, family housing
projects and facilities, and contributions to the North Atlantic
Treaty Organization Security Investment Program (and authorizations of appropriations therefor), for which appropriated funds have
been obligated before the later of—
(1) October 1, 2025; or
(2) the date of the enactment of an Act authorizing funds
for fiscal year 2026 for military construction projects, land
acquisition, family housing projects and facilities, or contributions to the North Atlantic Treaty Organization Security Investment Program.
SEC. 2803. EFFECTIVE DATE AND AUTOMATIC EXECUTION OF CONFORMING CHANGES TO TABLES OF SECTIONS, TABLES
OF CONTENTS, AND SIMILAR TABULAR ENTRIES.

(a) EFFECTIVE DATE.—Titles XXI through XXVII shall take
effect on the later of—
(1) October 1, 2022; or
(2) the date of the enactment of this Act.
(b) ELIMINATION OF NEED FOR CERTAIN SEPARATE CONFORMING
AMENDMENTS.—
(1) AUTOMATIC EXECUTION OF CONFORMING CHANGES.—
When an amendment made by a provision of this division
to a covered defense law adds a section or larger organizational
unit to the covered defense law, repeals or transfers a section
or larger organizational unit in the covered defense law, or
amends the designation or heading of a section or larger
organizational unit in the covered defense law, that amendment
also shall have the effect of amending any table of sections,
table of contents, or similar table of tabular entries in the

H. R. 7776—577
covered defense law to alter the table to conform to the changes
made by the amendment.
(2) EXCEPTIONS.—Paragraph (1) shall not apply to an
amendment described in such paragraph when—
(A) the amendment, or a separate clerical amendment
enacted at the same time as the amendment, expressly
amends a table of sections, table of contents, or similar
table of tabular entries in the covered defense law to alter
the table to conform to the changes made by the amendment; or
(B) the amendment otherwise expressly exempts itself
from the operation of this section.
(3) COVERED DEFENSE LAW DEFINED.—In this subsection,
the term ‘‘covered defense law’’ means—
(A) titles 10, 32, and 37 of the United States Code;
(B) any national defense authorization Act or military
construction authorization Act that authorizes funds to
be appropriated for a fiscal year to the Department of
Defense; and
(C) any other law designated in the text thereof as
a covered defense law for purposes of application of this
section.

TITLE XXI—ARMY MILITARY
CONSTRUCTION
Sec.
Sec.
Sec.
Sec.
Sec.

2101.
2102.
2103.
2104.
2105.

Authorized Army construction and land acquisition projects.
Family housing.
Authorization of appropriations, Army.
Demolition of District of Columbia Fort McNair Quarters 4, 13, and 15.
Modification of authority to carry out fiscal year 2019 project at Camp
Tango, Korea.
Sec. 2106. Extension and modification of authority to carry out certain fiscal year
2018 projects.
SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION PROJECTS.

(a) INSIDE THE UNITED STATES.—Using amounts appropriated
pursuant to the authorization of appropriations in section 2103(a)
and available for military construction projects inside the United
States as specified in the funding table in section 4601, the Secretary of the Army may acquire real property and carry out military
construction projects for the installations or locations inside the
United States, and in the amounts, set forth in the following table:
Army: Inside the United States
State

Installation or Location

Alabama ....................
Alaska ........................
Colorado ....................
Hawaii .......................

Redstone Arsenal .....................................
Fort Wainwright ......................................
Fort Carson ..............................................
Fort Shafter ..............................................
Schofield Barracks ...................................
Tripler Army Medical Center .................
Fort Polk ...................................................
Aberdeen Proving Ground .......................

Louisiana ...................
Maryland ...................

Amount
$102,000,000
$99,000,000
$14,200,000
$33,000,000
$159,000,000
$38,000,000
$32,000,000
$85,000,000

H. R. 7776—578
Army: Inside the United States—Continued
State

Installation or Location

Mississippi ................

Engineer Research and Development
Center.
Picatinny Arsenal ....................................
Fort Drum ................................................
Fort Bragg ................................................
Letterkenny Army Depot ........................
Corpus Christi Army Depot ....................
Fort Bliss ..................................................
Fort Hood .................................................
Joint Base Lewis-McChord .....................

New Jersey ................
New York ..................
North Carolina ..........
Pennsylvania .............
Texas .........................

Washington ...............

Amount
$20,000,000
$15,654,000
$3,600,000
$34,000,000
$38,000,000
$103,000,000
$15,000,000
$19,000,000
$49,000,000

(b) OUTSIDE THE UNITED STATES.—Using amounts appropriated
pursuant to the authorization of appropriations in section 2103(a)
and available for military construction projects outside the United
States as specified in the funding table in section 4601, the Secretary of the Army may acquire real property and carry out military
construction projects for the installations outside the United States,
and in the amounts, set forth in the following table:
Army: Outside the United States
State

Installation

Amount

Germany ....................
Japan .........................
Kwajalein .................

East Camp Grafenwoehr .........................
Kadena Air Force Base ...........................
Kwajalein Atoll ........................................

$168,000,000
$80,000,000
$69,000,000

SEC. 2102. FAMILY HOUSING.

(a) CONSTRUCTION AND ACQUISITION.—Using amounts appropriated pursuant to the authorization of appropriations in section
2103(a) and available for military family housing functions as specified in the funding table in section 4601, the Secretary of the
Army may construct or acquire family housing units (including
land acquisition and supporting facilities) at the installation, in
the number of units or for the purpose, and in the amount set
forth in the following table:
Army: Family Housing
Country

Installation or Location

Units

Germany ...

Baumholder ...................

Italy ...........

Vincenza ........................

Family Housing New
Construction ............
Family Housing New
Construction ............

Amount

$81,000,000

$95,000,000

(b) PLANNING AND DESIGN.—Using amounts appropriated
pursuant to the authorization of appropriations in section 2103(a)

H. R. 7776—579
and available for military family housing functions as specified
in the funding table in section 4601, the Secretary of the Army
may carry out architectural and engineering services and construction design activities with respect to the construction or improvement of family housing units in an amount not to exceed
$17,339,000.
SEC. 2103. AUTHORIZATION OF APPROPRIATIONS, ARMY.

(a) AUTHORIZATION OF APPROPRIATIONS.—Funds are hereby
authorized to be appropriated for fiscal years beginning after September 30, 2022, for military construction, land acquisition, and
military family housing functions of the Department of the Army
as specified in the funding table in section 4601.
(b) LIMITATION ON TOTAL COST OF CONSTRUCTION PROJECTS.—
Notwithstanding the cost variations authorized by section 2853
of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section
2101 of this Act may not exceed the total amount authorized to
be appropriated under subsection (a), as specified in the funding
table in section 4601.
SEC. 2104. DEMOLITION OF DISTRICT OF COLUMBIA FORT MCNAIR
QUARTERS 4, 13, AND 15.

Not later than one year after the date on which all the individuals occupying District of Columbia Fort McNair Quarters 4, 13,
and 15, as of the date of the enactment of this Act, have moved
out of such Quarters, the Secretary of the Army shall demolish
such Quarters.
SEC. 2105. MODIFICATION OF AUTHORITY TO CARRY OUT FISCAL YEAR
2019 PROJECT AT CAMP TANGO, KOREA.

In the case of the authorization contained in the table in
section 2101(b) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (division B of Public Law 115–232;
132 Stat. 2242) for Camp Tango, Korea, for construction of a command and control facility at the installation, the Secretary of the
Army may increase scope for a dedicated, enclosed egress pathway
out of the underground facility to facilitate safe escape in case
of fire.
SEC. 2106. EXTENSION AND MODIFICATION OF AUTHORITY TO CARRY
OUT CERTAIN FISCAL YEAR 2018 PROJECTS.

(a) EXTENSION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL
YEAR 2018 PROJECTS.—
(1) EXTENSION.—(A) Notwithstanding section 2002 of the
Military Construction Authorization Act for Fiscal Year 2018
(division B of Public Law 115–91; 131 Stat. 1817), the
authorization set forth in the table in subparagraph (B), as
provided in section 2101(b) of that Act (131 Stat. 1819), shall
remain in effect until October 1, 2023, or the date of the
enactment of an Act authorizing funds for military construction
for fiscal year 2024, whichever is later.
(B) The table referred to in subparagraph (A) is as follows:

H. R. 7776—580
Army: Extension of 2018 Project Authorization
Country

Installation or
Location

Korea .........

Kunsan Air Base ..

Project
Unmanned Aerial Vehicle
Hangar ..........

Original Authorized
Amount

$53,000,000

(2) ARMY FAMILY HOUSING.—(A) Notwithstanding section
2002 of the Military Construction Authorization Act for Fiscal
Year 2018 (division B of Public Law 115–91; 131 Stat. 1817),
the authorization set forth in the table in subparagraph (B),
as provided in section 2102 of that Act (131 Stat. 1820), shall
remain in effect until October 1, 2023, or the date of the
enactment of an Act authorizing funds for military construction
for fiscal year 2024, whichever is later.
(B) The table referred to in subparagraph (A) is as follows:
Army: Extension of 2018 Project Authorization
Country

Installation or
Location

Kwajalein ...

Kwajalein Atoll ....

Project
Family Housing
Replacement
Construction

Original Authorized
Amount

$31,000,000

(b) MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL
YEAR 2018 PROJECTS.—
(1) KUNSAN AIR BASE, KOREA.—In the case of the authorization contained in the table in section 2101(b) of the Military
Construction Authorization Act for Fiscal Year 2018 (division
B of Public Law 115–91; 131 Stat. 1819) for Kunsan Air Base,
Korea, for construction of an Unmanned Aerial Vehicle Hangar
at the installation, the Secretary of the Army may—
(A) construct the hangar at Camp Humphries, Korea;
and
(B) remove primary scope associated with the relocation of the air defense artillery battalion facilities to include
a ground based missile defense equipment area, fighting
positions, a missile resupply area air defense artillery
facility, a ready building and command post, a battery
command post area, a safety shelter, and a guard booth.
(2) KWAJALEIN ATOLL, HWAJALEIN.—Section 2879(a)(1)(A)
of the Military Construction Authorization Act for Fiscal Year
2018 (division B of Public Law 115–91; 131 Stat. 1874) is
amended by striking ‘‘at least 26 family housing units’’ and
inserting ‘‘not more than 26 family housing units’’.

H. R. 7776—581

TITLE XXII—NAVY MILITARY
CONSTRUCTION
Sec.
Sec.
Sec.
Sec.
Sec.

2201.
2202.
2203.
2204.
2205.

Authorized Navy construction and land acquisition projects.
Family housing.
Authorization of appropriations, Navy.
Extension of authority to carry out certain fiscal year 2018 project.
Transfer of customers from Navy electrical utility system at former
Naval Air Station Barber’s Point, Hawaii, to new electrical system in
Kalaeloa, Hawaii.

SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION PROJECTS.

(a) INSIDE THE UNITED STATES.—Using amounts appropriated
pursuant to the authorization of appropriations in section 2203(a)
and available for military construction projects inside the United
States as specified in the funding table in section 4601, the Secretary of the Navy may acquire real property and carry out military
construction projects for the installations or locations inside the
United States, and in the amounts, set forth in the following table:
Navy: Inside the United States
State or Territory

Installation or Location

California ......................

Marine Corps Air Ground Combat Center
Twentynine Palms ................................................
Marine Corps Base Camp Pendleton ......................
Marine Corps Recruit Depot San Diego .................
Naval Air Station Lemoore ......................................
Naval Base Point Loma Annex ...............................
Naval Base San Diego ..............................................
Naval Surface Warfare Center Corona Division ....
Naval Submarine Base New London ......................
Naval Air Station Jacksonville ................................
Naval Air Station Whiting Field .............................
Naval Submarine Base Kings Bay ..........................
Marine Corps Base Camp Blaz ...............................
Joint Base Pearl Harbor-Hickam ............................
Marine Corps Base Kaneohe Bay ............................
Naval Surface Warfare Center Carderock Division
Naval Surface Warfare Center Indian Head Division .........................................................................
Naval Air Station Fallon ..........................................
Marine Corps Air Station Cherry Point .................
Marine Corps Air Station New River .....................
Marine Corps Base Camp Lejeune ..........................
Naval Surface Warfare Center Philadelphia Division .........................................................................
Marine Corps Recruit Depot Parris Island ............
Naval Station Norfolk ..............................................
Naval Surface Warfare Center Dahlgren Division
Naval Air Station Whidbey Island ..........................

Connecticut ...................
Florida ..........................
Georgia ..........................
Guam ............................
Hawaii ...........................
Maryland ......................

Nevada ..........................
North Carolina .............

Pennsylvania ................
South Carolina .............
Virginia .........................
Washington ...................

Amount
$137,235,000
$145,079,000
$94,848,000
$247,633,000
$64,353,000
$151,278,000
$17,100,000
$17,686,000
$100,570,000
$228,001,000
$309,102,000
$419,745,000
$3,780,475,000
$100,206,000
$2,363,000
$10,155,000
$159,866,000
$44,830,000
$240,084,000
$54,122,000
$92,547,000
$166,930,000
$19,224,000
$2,853,000
$120,340,000

(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:

H. R. 7776—582
Navy: Outside the United States
Country

Installation or Location

Amount

Australia .......................
Djibouti .........................
Japan ............................
Spain .............................

Royal Australian Air Force Base Darwin ...............
Camp Lemonnier ......................................................
Kadena Air Base .......................................................
Naval Station Rota ...................................................

$258,831,000
$122,107,000
$222,756,000
$92,323,000

SEC. 2202. FAMILY HOUSING.

(a) CONSTRUCTION AND ACQUISITION.—Using amounts appropriated pursuant to the authorization of appropriations in section
2203(a) and available for military family housing functions as specified in the funding table in section 4601, the Secretary of the
Navy may construct or acquire family housing units (including
land acquisition and supporting facilities) at the installations or
locations, in the number of units or for the purposes, and in the
amounts set forth in the following table:
Navy: Family Housing
Location

Guam .........

Installation

Naval Support Activity
Anderson.

Units or Purpose

Amount

Family housing new
construction
........................

$289,776,000
..........................

(b) IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.—Subject to section 2825 of title 10, United States Code, and using
amounts appropriated pursuant to the authorization of appropriations in section 2203(a) and available for military family housing
functions as specified in the funding table in section 4601, the
Secretary of the Navy may improve existing military family housing
units in an amount not to exceed $74,540,000.
(c) PLANNING AND DESIGN.—Using amounts appropriated
pursuant to the authorization of appropriations in section 2203(a)
and available for military family housing functions as specified
in the funding table in section 4601, the Secretary of the Navy
may carry out architectural and engineering services and construction design activities with respect to the construction or improvement of family housing units in an amount not to exceed
$14,123,000.
SEC. 2203. AUTHORIZATION OF APPROPRIATIONS, NAVY.

(a) AUTHORIZATION OF APPROPRIATIONS.—Funds are hereby
authorized to be appropriated for fiscal years beginning after September 30, 2022, for military construction, land acquisition, and
military family housing functions of the Department of the Navy,
as specified in the funding table in section 4601.
(b) LIMITATION ON TOTAL COST OF CONSTRUCTION PROJECTS.—
Notwithstanding the cost variations authorized by section 2853
of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section
2201 of this Act may not exceed the total amount authorized to
be appropriated under subsection (a), as specified in the funding
table in section 4601.

H. R. 7776—583
SEC. 2204. EXTENSION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL
YEAR 2018 PROJECT.

(a) EXTENSION.—Notwithstanding section 2002 of the Military
Construction Authorization Act for Fiscal Year 2018 (division B
of Public Law 115–91; 131 Stat. 1817), the authorization set forth
in the table in subsection (a), as provided in section 2201(a) of
that Act (131 Stat. 1822), shall remain in effect until October
1, 2023, or the date of the enactment of an Act authorizing funds
for military construction for fiscal year 2024, whichever is later.
(b) TABLE.—The table referred to in subsection (a) is as follows:
Navy: Extension of 2018 Project Authorization
Country
Guam .........

Installation or
Location
Joint Region Marianas ...................

Project

Navy-Commercial Tie-in
Hardening .....

Original Authorized
Amount

$37,180,000

SEC. 2205. TRANSFER OF CUSTOMERS FROM NAVY ELECTRICAL
UTILITY SYSTEM AT FORMER NAVAL AIR STATION BARBER’S POINT, HAWAII, TO NEW ELECTRICAL SYSTEM IN
KALAELOA, HAWAII.

(a) IN GENERAL.—Subject to the availability of appropriations
for such purpose, the Secretary of the Navy shall pay the reasonable
costs to transfer all customers off of the electrical utility system
of the Navy located at former Naval Air Station Barber’s Point,
Hawaii, to the new electrical system in Kalaeloa, Hawaii, operated
by Hawaiian Electric.
(b) COOPERATIVE AGREEMENT OR OTHER INSTRUMENT.—The
Secretary of the Navy may enter into a cooperative agreement
or other appropriate instrument with a third party—
(1) to make amounts available to pay the reasonable costs
of transfers described in subsection (a); and
(2) to reimburse the third party for the reasonable costs
that it may incur to carry out paragraph (1).
(c) FACILITATION OF TRANSFER.—To facilitate the transfer of
customers described in subsection (a), the Secretary of the Navy
shall provide the following to the State of Hawaii:
(1) A load analysis and design necessary to complete such
transfer.
(2) Such rights of way and easements as may be necessary
to support the construction of replacement electrical infrastructure.
(d) DISPOSAL OF NAVY ELECTRICAL SYSTEM.—Subject to the
availability of appropriations for such purpose, after all customers
have been transferred as required under subsection (a), the Secretary of the Navy may dispose of the electrical system of the
Navy located at former Naval Air Station Barber’s Point, Hawaii.

H. R. 7776—584

TITLE XXIII—AIR FORCE MILITARY
CONSTRUCTION
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

2301.
2302.
2303.
2304.
2305.
2306.

Authorized Air Force construction and land acquisition projects.
Family housing.
Authorization of appropriations, Air Force.
Extension of authority to carry out certain fiscal year 2018 projects.
Modification of authority to carry out certain fiscal year 2021 project.
Modification of authority to carry out certain military construction
projects at Tyndall Air Force Base, Florida.

SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND
ACQUISITION PROJECTS.

(a) INSIDE THE UNITED STATES.—Using amounts appropriated
pursuant to the authorization of appropriations in section 2303(a)
and available for military construction projects inside the United
States as specified in the funding table in section 4601, the Secretary of the Air Force may acquire real property and carry out
military construction projects for the installations or locations inside
the United States, and in the amounts, set forth in the following
table:
Air Force: Inside the United States
State

Installation or Location

Alabama ...............
Alaska ..................

Maxwell Air Force Base ..................
Clear Space Force Station ...............
Joint Base Elmendorf-Richardson ..
Davis-Monthan Air Force Base ......
Travis Air Force Base ......................
Vandenberg Space Force Base ........
Patrick Space Force Base ................
Air Force Research Laboratory Maui Experimental Site #1 .........
Scott Air Force Base ........................
Air Force Research Laboratory Rome Research Site .....................
Wright Patterson Air Force Base ...
Altus Air Force Base .......................
Tinker Air Force Base .....................
Shaw Air Force Base .......................
Ellsworth Air Force Base ................
Arnold Air Force Base .....................
Joint Base San Antonio-Randolph
Hill Air Force Base ..........................
Fairchild Air Force Base .................
F.E. Warren Air Force Base ...........

Arizona
California .............
Florida .................
Hawaii .................
Illinois ..................
New York .............
Ohio ......................
Oklahoma ............
South Carolina ....
South Dakota ......
Tennessee ............
Texas ....................
Utah .....................
Washington .........
Wyoming ..............

Amount

$15,000,000
$72,080,000
$5,200,000
$7,500,000
$7,500,000
$136,000,000
$97,000,000
$89,000,000
$19,893,000
$4,200,000
$29,000,000
$4,750,000
$252,016,000
$15,000,000
$335,900,000
$46,000,000
$29,000,000
$96,900,000
$8,000,000
$241,920,000

(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:

H. R. 7776—585
Air Force: Outside the United States
Country

Installation or Location

Hungary ...............
Iceland .................
Italy ......................
Japan ...................
Jordan ..................
Norway ................
Spain ....................

Pa´pa Air Base ..................................
Naval Air Station Keflavik .............
Aviano Air Base ...............................
Kadena Air Base ..............................
Muwaffaq Salti Air Base .................
Rygge Air Station ............................
Moron Air Base ................................

Amount

$75,260,000
$102,500,000
$51,615,000
$307,000,000
$53,000,000
$9,700,000
$32,500,000

SEC. 2302. FAMILY HOUSING.

(a) IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.—Subject to section 2825 of title 10, United States Code, and using
amounts appropriated pursuant to the authorization of appropriations in section 2303(a) and available for military family housing
functions as specified in the funding table in section 4601, the
Secretary of the Air Force may improve existing military family
housing units in an amount not to exceed $233,858,000.
(b) PLANNING AND DESIGN.—Using amounts appropriated
pursuant to the authorization of appropriations in section 2303(a)
and available for military family housing functions as specified
in the funding table in section 4601, the Secretary of the Air
Force may carry out architectural and engineering services and
construction design activities with respect to the construction or
improvement of family housing units in an amount not to exceed
$17,730,000.
SEC. 2303. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE.

(a) AUTHORIZATION OF APPROPRIATIONS.—Funds are hereby
authorized to be appropriated for fiscal years beginning after September 30, 2022, for military construction, land acquisition, and
military family housing functions of the Department of the Air
Force, as specified in the funding table in section 4601.
(b) LIMITATION ON TOTAL COST OF CONSTRUCTION PROJECTS.—
Notwithstanding the cost variations authorized by section 2853
of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section
2301 of this Act may not exceed the total amount authorized to
be appropriated under subsection (a), as specified in the funding
table in section 4601.
SEC. 2304. EXTENSION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL
YEAR 2018 PROJECTS.

(a) EXTENSION.—
(1) EXTENSION.—Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2018 (division B of Public Law 115–91; 131 Stat. 1817), the authorizations
set forth in the table in paragraph (2), as provided in section
2301(a) of that Act (131 Stat. 1825), shall remain in effect
until October 1, 2023, or the date of the enactment of an
Act authorizing funds for military construction for fiscal year
2024, whichever is later.
(2) TABLE.—The table referred to in paragraph (1) is as
follows:

H. R. 7776—586
Air Force: Extension of 2018 Project Authorizations
State
Florida .......
Texas ..........

Installation or
Location
Tyndall Air Force
Base ...................
Joint Base San
Antonio ..............
Joint Base San
Antonio ..............

Wyoming ....

F. E. Warren Air
Force Base ........

Project

Original Authorized
Amount

Fire Station ......

$17,000,000

BMT Classrooms/Dining

$38,000,000

Camp Bullis
Dining Facility ..................

$18,500,000

Consolidated
Helo/TRF
Ops/AMU and
Alert Fac. ......

$62,000,000

(b) OVERSEAS CONTINGENCY OPERATIONS.—
(1) EXTENSION.—Notwithstanding section 2002 of the Military Construction Authorization Act for Fiscal Year 2018 (division B of Public Law 115–91; 131 Stat. 1817), the authorizations
set forth in the table in paragraph (2), as provided in section
2903 of that Act (131 Stat. 1876), shall remain in effect until
October 1, 2023, or the date of the enactment of an Act authorizing funds for military construction for fiscal year 2024, whichever is later.
(2) TABLE.—The table referred to in paragraph (1) is as
follows:
Air Force: Extension of 2018 Project Authorizations
Country
Hungary .....

Installation or
Location
Kecskemet Air
Base ...................
Kecskemet Air
Base ...................
Kecskemet Air
Base ...................

Luxembourg

Sanem ...................

Slovakia .....

Malacky ................

Project

Original Authorized
Amount

ERI: Airfield
Upgrades .......

$12,900,000

ERI: Construct
Parallel Taxiway ................

$30,000,000

ERI: Increase
POL Storage
Capacity ........
ERI: ECAOS
Deployable
Airbase System Storage ..
ERI: Airfield
Upgrades .......

$12,500,000

$67,400,000
$4,000,000

H. R. 7776—587
Air Force: Extension of 2018 Project Authorizations—
Continued
Country

Installation or
Location
Malacky ................
ERI: Airfield Upgrades ................

Project

Original Authorized
Amount

ERI: Increase
POL Storage
Capacity ........

$20,000,000

Construct Combat Arms
Training and
Maintenance
Facility ..........

$22,000,000

SEC. 2305. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN
FISCAL YEAR 2021 PROJECT.

In the case of the authorization contained in the table in
section 2301(a) of the Military Construction Authorization Act for
Fiscal Year 2021 (division B of Public Law 116–283; 134 Stat.
4299) for Hill Air Force Base, Utah, for construction of GBSD
Organic Software Sustainment Center, the Secretary of the Air
Force may construct—
(1) up to 7,526 square meters of Surface Parking Lot in
lieu of constructing a 13,434 square meters vehicle parking
garage; and
(2) up to 402 square meters of Storage Igloo.
SEC. 2306. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN
MILITARY CONSTRUCTION PROJECTS AT TYNDALL AIR
FORCE BASE, FLORIDA.

In the case of the authorization contained in section 2912(a)
of the Military Construction Authorization Act for Fiscal Year 2020
(division B of Public Law 116–92; 133 Stat. 1913) for Tyndall
Air Force Base, Florida—
(1) for construction of Lodging Facilities Phases 1-2, as
specified in such funding table and modified by section
2306(a)(7) of the Military Construction Authorization Act for
Fiscal Year 2021 (division B of Public Law 116–283; 134 Stat.
4302), the Secretary of the Air Force may construct two emergency backup generators;
(2) for construction of Dorm Complex Phases 1-2, as specified in such funding table and modified by section 2306(a)(8)
of the Military Construction Authorization Act for Fiscal Year
2021 (division B of Public Law 116–283; 134 Stat. 4302), the
Secretary of the Air Force may construct an emergency backup
generator;
(3) for construction of Site Development, Utilities, and
Demo Phase 2, as specified in such funding table and modified
by section 2306(a)(6) of the Military Construction Authorization
Act for Fiscal Year 2021 (division B of Public Law 116–283;
134 Stat. 4302), the Secretary of the Air Force may construct—
(A) up to 6,248 lineal meters of storm water utilities;
(B) up to 55,775 square meters of roads;

H. R. 7776—588
(C) up to 4,334 lineal meters of gas pipeline; and
(D) up to 28,958 linear meters of electrical;
(4) for construction of Tyndall AFB Gate Complex, as specified in such funding table and modified by section 2306(a)(9)
of the Military Construction Authorization Act for Fiscal Year
2021 (division B of Public Law 116–283; 134 Stat. 4302), the
Secretary of the Air Force may construct up to 55,694 square
meters of roadway with serpentines; and
(5) for construction of Deployment Center/Flight Line
Dining/AAFES, as specified in such funding table and modified
by section 2306(a)(11) of the Military Construction Authorization Act for Fiscal Year 2021 (division B of Public Law 116–
283; 134 Stat. 4303), the Secretary of the Air Force may construct up to 164 square meters of AAFES (Shoppette).

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. 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

Alabama ......................
California ....................
Florida .........................

Redstone Arsenal .................................................
Naval Base Coronado ..........................................
Hurlburt Field ......................................................
MacDill Air Force Base .......................................
Fort Bragg ............................................................
Joint Base San Antonio .......................................
Dam Neck .............................................................
Pentagon ...............................................................

North Carolina ............
Texas ...........................
Virginia .......................

Amount
$151,000,000
$75,712,000
$9,100,000
$50,000,000
$34,470,000
$58,600,000
$26,600,000
$18,000,000

(b) OUTSIDE THE UNITED STATES.—Using amounts appropriated
pursuant to the authorization of appropriations in section 2403(a)
and available for military construction projects outside the United
States as specified in the funding table in section 4601, the Secretary of Defense may acquire real property and carry out military
construction projects for the installations or locations outside the
United States, and in the amounts, set forth in the following table:
Defense Agencies: Outside the United States
Country

Installation or Location

Germany ...................

Baumholder ...............................................................
Wiesbaden .................................................................

Amount
$184,723,000
$104,779,000

H. R. 7776—589
Defense Agencies: Outside the United States—Continued
Country

Installation or Location

Japan ........................

Yokota Air Base ........................................................

Amount
$72,154,000

SEC. 2402. AUTHORIZED ENERGY RESILIENCE AND CONSERVATION
INVESTMENT PROGRAM PROJECTS.

(a) INSIDE THE UNITED STATES.—Using amounts appropriated
pursuant to the authorization of appropriations in section 2403(a)
and available for energy conservation projects as specified in the
funding table in section 4601, the Secretary of Defense may carry
out energy conservation projects under chapter 173 of title 10,
United States Code, for the installations or locations inside the
United States, and in the amounts, set forth in the following table:
ERCIP Projects: Inside the United States
State or Territory

Installation or Location

Alabama ......................
California ....................

Redstone Arsenal .................................................
Marine Corps Mountain Warfare Training Center ......................................................................
Naval Base Ventura County ...............................
Naval Air Station Jacksonville ...........................
Patrick Space Force Base ....................................
Fort Stewart-Hunter Army Airfield ...................
Naval Submarine Base Kings Bay .....................
Naval Base Guam ................................................
Joint Base Pearl Harbor-Hickam .......................
Fort Riley ..............................................................
National Security Agency-Washington, Fort
Meade ................................................................
Fort Hood ..............................................................
U.S. Army Reserve Center, Conroe ....................
National Geospatial-Intelligence Agency Campus East, Fort Belvoir ......................................
Naval Support Activity Hampton Roads ............

Florida .........................
Georgia ........................
Guam ...........................
Hawaii .........................
Kansas .........................
Maryland .....................
Texas ...........................
Virginia .......................

Amount
$10,700,000
$30,672,000
$16,032,000
$2,880,000
$15,700,000
$25,400,000
$13,440,000
$34,360,000
$30,000,000
$25,780,000
$23,310,000
$31,500,000
$9,600,000
$1,100,000
$26,880,000

(b) OUTSIDE THE UNITED STATES.—Using amounts appropriated
pursuant to the authorization of appropriations in section 2403(a)
and available for energy conservation projects as specified in the
funding table in section 4601, the Secretary of Defense may carry
out energy conservation projects under chapter 173 of title 10,
United States Code, for the installations or locations outside the
United States, and in the amounts, set forth in the following table:
ERCIP Projects: Outside the United States
Country

Installation or Location

Djibouti ................
Japan ....................
Kuwait ..................

Camp Lemonnier ...........................................................
Kadena Air Base ...........................................................
Camp Arifjan .................................................................

Amount
$28,800,000
$780,000
$26,850,000

SEC. 2403. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES.

(a) AUTHORIZATION OF APPROPRIATIONS.—Funds are hereby
authorized to be appropriated for fiscal years beginning after September 30, 2022, for military construction, land acquisition, and
military family housing functions of the Department of Defense
(other than the military departments), as specified in the funding
table in section 4601.

H. R. 7776—590
(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.
SEC. 2404. EXTENSION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL
YEAR 2018 PROJECTS.

(a) EXTENSION.—Notwithstanding section 2002 of the Military
Construction Authorization Act for Fiscal Year 2018 (division B
of Public Law 115–91; 131 Stat. 1817), the authorization set forth
in the table in subsection (b), as provided in section 2401(b) of
that Act (131 Stat. 1829), for the projects specified in that table
shall remain in effect until October 1, 2023, or the date of the
enactment of an Act authorizing funds for military construction
for fiscal year 2024, whichever is later.
(b) TABLE.—The table referred to in subsection (a) is as follows:
Defense Agencies: Extension of 2018 Project Authorizations
Original
Authorized
Amount

Country

Installation or
Location

Project

Japan ..........

Iwakuni ..........

Construct Bulk Storage Tanks PH 1 ......

$30,800,000

Puerto Rico

USCG Station;
Punta
Borinquen ...

Ramey Unit School
Replacement ............

$61,071,000

TITLE XXV—INTERNATIONAL
PROGRAMS
Subtitle A—North Atlantic Treaty Organization Security Investment Program
Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.
Subtitle B—Host Country In-Kind Contributions
Sec. 2511. Republic of Korea funded construction projects.
Sec. 2512. Repeal of authorized approach to certain construction project.

Subtitle A—North Atlantic Treaty Organization Security Investment Program
SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND ACQUISITION PROJECTS.

The Secretary of Defense may make contributions for the North
Atlantic Treaty Organization Security Investment Program as provided in section 2806 of title 10, United States Code, in an amount
not to exceed the sum of the amount authorized to be appropriated
for this purpose in section 2502 and the amount collected from

H. R. 7776—591
the North Atlantic Treaty Organization as a result of construction
previously financed by the United States.
SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO.

Funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 2022, for contributions by the Secretary of Defense under section 2806 of title 10, United States
Code, for the share of the United States of the cost of projects
for the North Atlantic Treaty Organization Security Investment
Program authorized by section 2501 as specified in the funding
table in section 4601.

Subtitle B—Host Country In-Kind
Contributions
SEC. 2511. REPUBLIC OF KOREA FUNDED CONSTRUCTION PROJECTS.

Pursuant to agreement with the Republic of Korea for required
in-kind contributions, the Secretary of Defense may accept military
construction projects for the installations or locations in the
Republic of Korea, and in the amounts, set forth in the following
table:
Republic of Korea Funded Construction Projects
Component

Installation or
Location

Army ...........

Camp Humphreys .........

Army ...........

Camp Humphreys .........

Navy ...........

Camp Mujuk ..

Navy ...........

Fleet Activities
Chinhae ......

Air Force ....

Gimhae Air
Base ............

Air Force ....

Osan Air Base

Air Force ....

Osan Air Base

SEC.

2512.

Project

Quartermaster Laundry/Dry Cleaner Facility .........................

Amount

$24,000,000

MILVAN CONNEX
Storage Yard ...........
Replace Ordnance
Storage Magazines

$150,000,000

Water Treatment
Plant Relocation .....

$6,000,000

Refueling Vehicle
Shop .........................
Combined Air and
Space Operations
Intelligence Center
Upgrade Electrical
Distribution West,
Phase 3 ....................

REPEAL OF AUTHORIZED
CONSTRUCTION PROJECT.

APPROACH

$20,000,000

$8,800,000
$306,000,000
$235,000,000
TO

CERTAIN

Section 2511 of the Military Construction Authorization Act
for Fiscal Year 2022 (division B of Public Law 117–81; 135 Stat.
2177) is amended—

H. R. 7776—592
(1) by striking ‘‘(a) AUTHORITY
’’; and
(2) by striking subsection (b).

TO

ACCEPT 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. Corrections to authority to carry out certain fiscal year 2022 projects.
Sec. 2608. Extension of authority to carry out certain fiscal year 2018 projects.
SEC. 2601. AUTHORIZED ARMY NATIONAL GUARD CONSTRUCTION AND
LAND ACQUISITION PROJECTS.

Using amounts appropriated pursuant to the authorization of
appropriations in section 2606 and available for the National Guard
and Reserve as specified in the funding table in section 4601,
the Secretary of the Army may acquire real property and carry
out military construction projects for the Army National Guard
locations inside the United States, and in the amounts, set forth
in the following table:
Army National Guard
State or Territory

Location

Alaska ..........................
Arkansas .....................
Delaware .....................
Florida .........................

Joint Base Elmendorf-Richardson ......................
Camp Robinson ....................................................
River Road Training Site ....................................
Camp Blanding ....................................................
Gainesville ............................................................
Palm Coast Flagler RC FMS 9 ...........................
Kalaeloa ................................................................
Atlanta Readiness Center ...................................
West Des Moines Armory ....................................
Grayling Airfield ..................................................
New Ulm Armory and FMS ................................
Harry Reid Training Center ...............................
Glenmore RD Armory/FMS 17 ............................
McLeansville Camp Burton Road .......................
Camp Umatilla .....................................................
Arroyo Readiness Center .....................................
Camp Santiago Joint Maneuver Training Center ......................................................................
Buckhannon Brushy Fork ...................................
Camp Guernsey ....................................................
TS NG Sheridan ...................................................

Hawaii .........................
Indiana ........................
Iowa .............................
Michigan ......................
Minnesota ....................
Nevada ........................
New York ....................
North Carolina ............
Oregon .........................
Puerto Rico ..................
West Virginia ..............
Wyoming .....................

Amount
$63,000,000
$9,500,000
$16,000,000
$24,700,000
$21,000,000
$12,000,000
$29,000,000
$20,000,000
$15,000,000
$16,000,000
$17,000,000
$18,000,000
$17,000,000
$15,000,000
$14,243,000
$46,602,000
$136,500,000
$14,000,000
$19,500,000
$14,800,000

SEC. 2602. AUTHORIZED ARMY RESERVE CONSTRUCTION AND LAND
ACQUISITION PROJECTS.

Using amounts appropriated pursuant to the authorization of
appropriations in section 2606 and available for the National Guard
and Reserve as specified in the funding table in section 4601,
the Secretary of the Army may acquire real property and carry
out military construction projects for the Army Reserve locations

H. R. 7776—593
inside the United States, and in the amounts, set forth in the
following table:
Army Reserve
State or Territory

Location

Amount

California ..................................
Florida ......................................
Ohio ..........................................
Puerto Rico ...............................
Washington ..............................
Wisconsin .................................

Camp Pendleton ..................................................
Perrine .................................................................
Wright-Patterson Air Force Base ......................
Fort Buchanan ....................................................
Yakima .................................................................
Fort McCoy ..........................................................

$13,000,000
$46,000,000
$16,000,000
$24,000,000
$22,000,000
$64,000,000

SEC. 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

Hawaii .....................................
Michigan ..................................
Virginia ....................................

Marine Corps Base Kaneohe Bay ...................
Marine Forces Reserve Battle Creek .............
Marine Forces Reserve Dam Neck Virginia
Beach.

Amount
$116,964,000
$27,702,000
$11,856,000

SEC. 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 ...................................
Arizona .....................................
....................................................
Florida ......................................
Indiana .....................................
Ohio ..........................................
Rhode Island ............................
Tennessee .................................
West Virginia ...........................

Montgomery Regional Airport ...........................
Morris Air National Guard Base .......................
Tucson International Airport .............................
Jacksonville International Airport ....................
Fort Wayne International Airport .....................
Rickenbacker Air National Guard Base ............
Quonset State Airport ........................................
McGhee-Tyson Airport .......................................
McLaughlin Air National Guard Base ..............

$9,200,000
$12,000,000
$11,700,000
$30,000,000
$16,500,000
$8,000,000
$46,000,000
$31,000,000
$12,500,000

SEC. 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,

H. R. 7776—594
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 .....................................
Mississippi ................................
Oklahoma .................................
Virginia .....................................

Davis-Monthan Air Force Base .........................
Keesler Air Force Base .......................................
Tinker Air Force Base ........................................
Langley Air Force Base ......................................

$8,000,000
$10,000,000
$12,500,000
$10,500,000

SEC. 2606. AUTHORIZATION OF APPROPRIATIONS, NATIONAL GUARD
AND RESERVE.

Funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 2022, for the costs of acquisition,
architectural and engineering services, and construction of facilities
for the Guard and Reserve Forces, and for contributions therefor,
under chapter 1803 of title 10, United States Code (including the
cost of acquisition of land for those facilities), as specified in the
funding table in section 4601.
SEC. 2607. CORRECTIONS TO AUTHORITY TO CARRY OUT CERTAIN
FISCAL YEAR 2022 PROJECTS.

The authorization table in section 2601 of the Military
Construction Authorization Act for Fiscal Year 2022 (division B
of Public Law 117–81; 135 Stat. 2178) is amended—
(1) in the item relating to Redstone Arsenal, Alabama,
by striking ‘‘Redstone Arsenal’’ and inserting ‘‘Huntsville Readiness Center’’;
(2) in the item relating to Jerome National Guard Armory,
Idaho, by striking ‘‘Jerome National Guard Armory’’ and
inserting ‘‘Jerome County Regional Site’’;
(3) in the item relating to Nickell Memorial Armory Topeka,
Kansas, by striking ‘‘Nickell Memorial Armory Topeka’’ and
inserting ‘‘Topeka Forbes Field’’;
(4) in the item relating to Lake Charles National Guard
Readiness Center, Louisiana, by striking ‘‘Lake Charles
National Guard Readiness Center’’ and inserting ‘‘Lake Charles
Chennault Airport NGLA’’;
(5) in the item relating to Camp Grayling, Michigan, by
striking ‘‘Camp Grayling’’ and inserting ‘‘Grayling Airfield’’;
(6) in the item relating to Butte Military Entrance Testing
Site, Montana, by striking ‘‘Butte Military Entrance Testing
Site’’ and inserting ‘‘Silver Bow Readiness Center Land’’;
(7) in the item relating to Mead Army National Guard
Readiness Center, Nebraska, by striking ‘‘Mead Army National
Guard Readiness Center’’ and inserting ‘‘Mead TS/FMS 06/
Utes 02’’;
(8) in the item relating to Dickinson National Guard
Armory, North Dakota, by striking ‘‘Dickinson National Guard
Armory’’ and inserting ‘‘Dickinson Complex’’;
(9) in the item relating to Bennington National Guard
Armory, Vermont, by striking ‘‘Bennington National Guard
Armory’’ and inserting ‘‘Bennington’’; and
(10) in the item relating to Camp Ethan Allen Training
Site, Vermont, by striking ‘‘Camp Ethan Allen Training Site’’

H. R. 7776—595
and inserting ‘‘National Guard Ethan Allen Air Force Base
Training Site’’.
SEC. 2608. EXTENSION OF AUTHORITY TO CARRY OUT CERTAIN FISCAL
YEAR 2018 PROJECTS.

(a) EXTENSION.—Notwithstanding section 2002 of the Military
Construction Authorization Act for Fiscal Year 2018 (division B
of Public Law 115–91; 131 Stat. 1817), the authorizations set forth
in the table in subsection (b), as provided in section 2604 of that
Act (131 Stat. 1836), shall remain in effect until October 1, 2023,
or the date of the enactment of an Act authorizing funds for military
construction for fiscal year 2024, whichever is later.
(b) TABLE.—The table referred to in subsection (a) is as follows:
Air Force: Extension of 2018 Project Authorizations
State
Indiana ......
South Dakota .........
Wisconsin ...

Installation or
Location
Hulman Regional
Airport ...............
Joe Foss Field ......
Dane County Regional/Airport
Truax Field .......

Project

Original Authorized
Amount

Construct Small
Arms Range ..

$8,000,000

Aircraft Maintenance Shops ..

$12,000,000

Construct Small
Arms Range ..

$8,000,000

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. Authorization to fund certain demolition and removal activities through
Department of Defense Base Closure Account.
Sec. 2703. Prohibition on conducting additional base realignment and closure
(BRAC) round.
SEC. 2701. AUTHORIZATION OF APPROPRIATIONS FOR BASE REALIGNMENT AND CLOSURE ACTIVITIES FUNDED THROUGH
DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT.

Funds are hereby authorized to be appropriated for fiscal years
beginning after September 30, 2022, for base realignment and closure activities, including real property acquisition and military
construction projects, as authorized by the Defense Base Closure
and Realignment Act of 1990 (part A of title XXIX of Public Law
101–510; 10 U.S.C. 2687 note) and funded through the Department
of Defense Base Closure Account established by section 2906 of
such Act (as amended by section 2711 of the Military Construction
Authorization Act for Fiscal Year 2013 (division B of Public Law
112–239; 126 Stat. 2140)), as specified in the funding table in
section 4601.

H. R. 7776—596
SEC. 2702. AUTHORIZATION TO FUND CERTAIN DEMOLITION AND
REMOVAL ACTIVITIES THROUGH DEPARTMENT OF
DEFENSE BASE CLOSURE ACCOUNT.

(a) IN GENERAL.—Section 2906(c)(1) of the Defense Base Closure
and Realignment Act of 1990 (10 U.S.C. 2687 note) is amended
by adding at the end the following new subparagraph:
‘‘(E) To carry out the demolition or removal of any
building or structure under the control of the Secretary
of the Navy that is not designated as historic under a
Federal, State, or local law and is located on a military
installation closed or realigned under a base closure law
(as such term is defined in section 101 of title 10, United
States Code) at which the sampling or remediation of
radiologically contaminated materials has been the subject
of substantiated allegations of fraud, without regard to—
‘‘(i) whether the building or structure is
radiologically impacted; or
‘‘(ii) whether such demolition or removal is carried
out, as part of a response action or otherwise, under
the Defense Environmental Restoration Program specified in subparagraph (A) or CERCLA (as such term
is defined in section 2700 of title 10, United States
Code).’’.
(b) FUNDING.—The amendment made by this section may only
be carried out using funds authorized to be appropriated in the
table in section 4601.
SEC.

2703.

PROHIBITION ON CONDUCTING ADDITIONAL
REALIGNMENT AND CLOSURE (BRAC) ROUND.

BASE

Nothing in this Act shall be construed to authorize an additional
Base Realignment and Closure (BRAC) round.

TITLE XXVIII—MILITARY
CONSTRUCTION GENERAL PROVISIONS
TITLE XXVIII—MILITARY CONSTRUCTION GENERAL PROVISIONS
Subtitle A—Military Construction Program
Sec. 2801. Temporary increase of amounts in connection with authority to carry out
unspecified minor military construction.
Sec. 2802. Modification of annual locality adjustment of dollar thresholds applicable
to unspecified minor military construction authorities.
Sec. 2803. Permanent authority for defense laboratory modernization program.
Sec. 2804. Elimination of sunset of authority to conduct unspecified minor military
construction for lab revitalization.
Sec. 2805. Military construction projects for innovation, research, development,
test, and evaluation.
Sec. 2806. Supervision of large military construction projects.
Sec. 2807. Specification of Assistant Secretary of Defense for Energy, Installations,
and Environment as Chief Housing Officer.
Sec. 2808. Clarification of exceptions to limitations on cost variations for military
construction projects and military family housing projects.
Sec. 2809. Use of operation and maintenance funds for certain construction projects
outside the United States.
Sec. 2810. Consideration of installation of integrated solar roofing to improve energy resiliency of military installations.
Sec. 2811. Revision of Unified Facilities Guide Specifications and Unified Facilities
Criteria to include specifications on use of gas insulated switchgear and
criteria and specifications on microgrids and microgrid converters.
Sec. 2812. Determination and notification relating to Executive orders that impact
cost and scope of work of military construction projects.

H. R. 7776—597
Sec. 2813. Requirement for inclusion of Department of Defense Forms 1391 with
annual budget submission by President.
Sec. 2814. Use of integrated project delivery contracts.
Subtitle B—Military Housing Reforms
Sec. 2821. Standardization of military installation Housing Requirements and Market Analyses.
Sec. 2822. Notice requirement for MHPI ground lease extensions.
Sec. 2823. Annual briefings on military housing privatization projects.
Sec. 2824. Mold inspection of vacant housing units.
Sec. 2825. Implementation of recommendations from audit of medical conditions of
residents in privatized military housing.
Subtitle C—Real Property and Facilities Administration
Sec. 2831. Authorized land and facilities transfer to support contracts with federally funded research and development centers.
Sec. 2832. Limitation on use of funds pending completion of military installation
resilience component of master plans for at-risk major military installations.
Sec. 2833. Physical entrances to certain military installations.
Subtitle D—Land Conveyances
Sec. 2841. Extension of time frame for land conveyance, Sharpe Army Depot,
Lathrop, California.
Sec. 2842. Land conveyance, Joint Base Charleston, South Carolina.
Sec. 2843. Land conveyance, Naval Air Station Oceana, Dam Neck Annex, Virginia
Beach, Virginia.
Sec. 2844. Land exchange, Marine Reserve Training Center, Omaha, Nebraska.
Sec. 2845. Land Conveyance, Starkville, Mississippi.
Subtitle E—Miscellaneous Studies and Reports
Sec. 2851. Study on practices with respect to development of military construction
projects.
Sec. 2852. Report on capacity of Department of Defense to provide survivors of natural disasters with emergency short-term housing.
Sec. 2853. Reporting on lead service lines and lead plumbing.
Sec. 2854. Briefing on attempts to acquire land near United States military installations by the People’s Republic of China.
Subtitle F—Other Matters
Sec. 2861. Required consultation with State and local entities for notifications related to the basing decision-making process.
Sec. 2862. Inclusion in Defense Community Infrastructure Pilot Program of certain
projects for ROTC training.
Sec. 2863. Inclusion of infrastructure improvements identified in the report on strategic seaports in Defense Community Infrastructure Pilot Program.
Sec. 2864. Inclusion of certain property for purposes of defense community infrastructure pilot program.
Sec. 2865. Expansion of pilot program on increased use of sustainable building materials in military construction to include locations throughout the
United States.
Sec. 2866. Basing decision scorecard consistency and transparency.
Sec. 2867. Temporary authority for acceptance and use of funds for certain construction projects in the Republic of Korea.
Sec. 2868. Repeal of requirement for Interagency Coordination Group of Inspectors
General for Guam Realignment.
Sec. 2869. Lease or use agreement for category 3 subterranean training facility.
Sec. 2870. Limitation on use of funds for closure of combat readiness training centers.
Sec. 2871. Required investments in improving child development centers.
Sec. 2872. Interagency Regional Coordinator for Resilience Pilot Project.
Sec. 2873. Access to military installations for Homeland Security Investigations
personnel in Guam.
Sec. 2874. Prohibition on joint use of Homestead Air Reserve Base with civil aviation.
Sec. 2875. Electrical charging capability construction requirements relating to
parking for Federal Government motor vehicles.

H. R. 7776—598

Subtitle A—Military Construction Program
SEC. 2801. TEMPORARY INCREASE OF AMOUNTS IN CONNECTION WITH
AUTHORITY TO CARRY OUT UNSPECIFIED MINOR MILITARY CONSTRUCTION.

For the period beginning on the date of the enactment of
this Act and ending on December 1, 2025, section 2805 of title
10, United States Code, shall be applied and administered—
(1) in subsection (a)(2), by substituting ‘‘$9,000,000’’ for
‘‘$6,000,000’’;
(2) in subsection (c), by substituting ‘‘$4,000,000’’ for
‘‘$2,000,000’’;
(3) in subsection (d)—
(A) in paragraph (1)—
(i) in subparagraph (A), by substituting
‘‘$9,000,000’’ for ‘‘$6,000,000’’; and
(ii) in subparagraph (B), by substituting
‘‘$9,000,000’’ for ‘‘$6,000,000’’; and
(B) in paragraph (2), by substituting ‘‘$9,000,000’’ for
‘‘$6,000,000’’; and
(4) in subsection (f)(1), by substituting ‘‘$14,000,000’’ for
‘‘$10,000,000’’.
SEC. 2802. MODIFICATION OF ANNUAL LOCALITY ADJUSTMENT OF
DOLLAR THRESHOLDS APPLICABLE TO UNSPECIFIED
MINOR MILITARY CONSTRUCTION AUTHORITIES.

Section 2805(f)(2) of title 10, United States Code, as amended
by this Act, is further amended—
(1) by striking ‘‘or the Commonwealth’’ and inserting ‘‘Wake
Island, the Commonwealth’’; and
(2) by inserting ‘‘, or a former United States Trust Territory
now in a Compact of Free Association with the United States’’
after ‘‘Mariana Islands’’.
SEC. 2803. PERMANENT AUTHORITY FOR DEFENSE LABORATORY MODERNIZATION PROGRAM.

(a) IN GENERAL.—Section 2805 of title 10, United States Code,
as amended by this Act, is further amended by adding at the
end the following new subsection:
‘‘(g) DEFENSE LABORATORY MODERNIZATION PROGRAM.—(1)
Using amounts appropriated or otherwise made available to the
Department of Defense for research, development, test, and evaluation, the Secretary of Defense may fund a military construction
project described in paragraph (4) at any of the following:
‘‘(A) A Department of Defense science and technology reinvention laboratory (as designated under section 4121(b) of
this title).
‘‘(B) A Department of Defense federally funded research
and development center that functions primarily as a research
laboratory.
‘‘(C) A Department of Defense facility in support of a technology development program that is consistent with the fielding
of offset technologies as described in section 218 of the National
Defense Authorization Act for Fiscal Year 2016 (Public Law
114–92; 10 U.S.C. note 4811).
‘‘(D) A Department of Defense research, development, test,
and evaluation facility that is not designated as a science

H. R. 7776—599
and technology reinvention laboratory, but nonetheless is
involved with developmental test and evaluation.
‘‘(2) Subject to the condition that a military construction project
under paragraph (1) be authorized in a Military Construction
Authorization Act, the authority to carry out the military construction project includes authority for—
‘‘(A) surveys, site preparation, and advanced planning and
design;
‘‘(B) acquisition, conversion, rehabilitation, and installation
of facilities;
‘‘(C) acquisition and installation of equipment and appurtenances integral to the project; acquisition and installation
of supporting facilities (including utilities) and appurtenances
incident to the project; and
‘‘(D) planning, supervision, administration, and overhead
expenses incident to the project.
‘‘(3)(A) The Secretary of Defense shall include military construction projects proposed to be carried out under paragraph (1) in
the budget justification documents for the Department of Defense
submitted to Congress in connection with the budget for a fiscal
year submitted under 1105 of title 31.
‘‘(B) Not less than 14 days prior to the first obligation of
funds described in paragraph (1) for a military construction project
to be carried out under such paragraph, the Secretary of Defense
shall submit to the congressional defense committees a notification
providing an updated construction description, cost, and schedule
for the project and any other matters regarding the project as
the Secretary considers appropriate.
‘‘(4) The authority provided by paragraph (1) to fund military
construction projects using amounts appropriated or otherwise made
available for research, development, test, and evaluation is limited
to military construction projects that the Secretary of Defense,
in the budget justification documents exhibits submitted pursuant
to paragraph (3)(A), determines—
‘‘(A) will support research and development activities at
laboratories described in paragraph (1);
‘‘(B) will establish facilities that will have significant potential for use by entities outside the Department of Defense,
including universities, industrial partners, and other Federal
agencies;
‘‘(C) are endorsed for funding by more than one military
department or Defense Agency; and
‘‘(D) cannot be fully funded within the thresholds otherwise
specified in this section.
‘‘(5) The maximum amount of funds appropriated or otherwise
made available for research, development, test, and evaluation that
may be obligated in any fiscal year for military construction projects
under paragraph (1) is $150,000,000.
‘‘(6)(A) In addition to the authority provided to the Secretary
of Defense under paragraph (1) to use amounts appropriated or
otherwise made available for research, development, test, and
evaluation for a military construction project referred to in such
subsection, the Secretary of the military department concerned
may use amounts appropriated or otherwise made available for
research, development, test, and evaluation to obtain architectural
and engineering services and to carry out construction design in
connection with such a project.

H. R. 7776—600
‘‘(B) In the case of architectural and engineering services and
construction design to be undertaken under this paragraph for
which the estimated cost exceeds $1,000,000, the Secretary concerned shall notify the appropriate committees of Congress of the
scope of the proposed project and the estimated cost of such services
before the initial obligation of funds for such services. The Secretary
may then obligate funds for such services only after the end of
the 14-day period beginning on the date on which the notification
is received by the committees in an electronic medium pursuant
to section 480 of this title.’’.
(b) APPLICABILITY.—Subsection (g) of section 2805 of title 10,
United States Code, as added by subsection (a), shall apply with
respect only to amounts appropriated after the date of the enactment of this Act.
(c) CONFORMING REPEAL.—Section 2803 of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114–92; 10
U.S.C. note prec. 4121) is repealed.
SEC. 2804. ELIMINATION OF SUNSET OF AUTHORITY TO CONDUCT
UNSPECIFIED MINOR MILITARY CONSTRUCTION FOR LAB
REVITALIZATION.

Section 2805(d) of title 10, United States Code, as amended
by this Act, is further amended by striking paragraph (5).
SEC. 2805. MILITARY CONSTRUCTION PROJECTS FOR INNOVATION,
RESEARCH, DEVELOPMENT, TEST, AND EVALUATION.

(a) IN GENERAL.—Subchapter I of chapter 169 of title 10, United
States Code, is amended by inserting after section 2809 the following new section:
‘‘§ 2810.

Military construction projects for innovation,
research, development, test, and evaluation
‘‘(a) PROJECT AUTHORIZATION REQUIRED.—The Secretary of
Defense may carry out such military construction projects for
innovation, research, development, test, and evaluation as are
authorized by law, using funds appropriated or otherwise made
available for that purpose.
‘‘(b) SUBMISSION OF PROJECT PROPOSALS.—As part of the
defense budget materials for each fiscal year, the Secretary of
Defense shall include the following information for each military
construction project covered by subsection (a):
‘‘(1) The project title.
‘‘(2) The location of the project.
‘‘(3) A brief description of the scope of work.
‘‘(4) A completed Department of Defense Form 1391 budget
justification that includes the original project cost estimate.
‘‘(5) A current working cost estimate, if different that the
cost estimate contained in such Form 1391.
‘‘(6) Such other information as the Secretary considers
appropriate.
‘‘(c) BUDGET JUSTIFICATION DISPLAY.—The Secretary of Defense
shall include with the defense budget materials for each fiscal
year a consolidated budget justification display that individually
identifies each military construction project covered by subsection
(a) and the amount requested for such project for such fiscal year.
‘‘(d) APPLICATION TO MILITARY CONSTRUCTION PROJECTS.—This
section shall apply to military construction projects covered by
subsection (a) for which a Department of Defense Form 1391 is

H. R. 7776—601
submitted to the appropriate committees of Congress in connection
with the budget of the Department of Defense for fiscal year 2023
and thereafter.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such subchapter is amended by inserting after the item
relating to section 2809 the following new item:
‘‘2810. Military construction projects for innovation, research, development, test, and
evaluation.’’.
SEC.

2806.

SUPERVISION
PROJECTS.

OF

LARGE

MILITARY

CONSTRUCTION

(a) SUPERVISION OF LARGE MILITARY CONSTRUCTION
PROJECTS.—Section 2851 of title 10, United States Code, is
amended—
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following new subsection:
‘‘(d) REPORT ON SUPERVISION OF LARGE MILITARY CONSTRUCTION PROJECTS.—Before the award of a contract of a value greater
than $500,000,000 in connection with a military construction
project, the individual directing and supervising such military
construction project under subsection (a) or the individual designated pursuant to subsection (b) (as applicable) shall submit
to the appropriate committees of Congress a report on the intended
supervision, inspection, and overhead plan to manage such military
construction project. Each such report shall include the following:
‘‘(1) A determination of the overall funding intended to
manage the supervision, inspection, and overhead of the military construction project.
‘‘(2) An assessment of whether a Department of Defense
Field Activity directly reporting to such individual should be
established.
‘‘(3) A description of the quality assurance approach to
the military construction project.
‘‘(4) The independent cost estimate described in section
3221(b)(6)(A) of this title.
‘‘(5) The overall staffing approach to oversee the military
construction project for each year of the contract term.’’.
(b) CONFORMING AMENDMENT TO DUTIES OF THE DIRECTOR
OF
COST ASSESSMENT AND PROGRAM EVALUATION.—Section
3221(b)(6)(A) of title 10, United States Code, is amended—
(1) in clause (iii), by striking ‘‘and’’ at the end; and
(2) by adding at the end the following new clause:
‘‘(v) any decision to enter into a contract in connection with a military construction project of a value
greater than $500,000,000; and’’.
(c) APPLICABILITY.—This section and the amendments made
by this section shall apply to contracts entered into on or after
the date of the enactment of this Act.
SEC. 2807. SPECIFICATION OF ASSISTANT SECRETARY OF DEFENSE
FOR ENERGY, INSTALLATIONS, AND ENVIRONMENT AS
CHIEF HOUSING OFFICER.

Subsection (a) of section 2851a of title 10, United States Code,
is amended to read as follows:
‘‘(a) IN GENERAL.—The Assistant Secretary of Defense for
Energy, Installations, and Environment shall serve as the Chief
Housing Officer, who shall oversee family housing and military

H. R. 7776—602
unaccompanied housing under the jurisdiction of the Department
of Defense or acquired or constructed under subchapter IV of this
chapter (in this section referred to as ‘covered housing units’).’’.
SEC. 2808. CLARIFICATION OF EXCEPTIONS TO LIMITATIONS ON COST
VARIATIONS FOR MILITARY CONSTRUCTION PROJECTS
AND MILITARY FAMILY HOUSING PROJECTS.

Subparagraph (D) of section 2853(c)(1) of title 10, United States
Code, is amended to read as follows:
‘‘(D) The Secretary concerned may not use the authority provided by subparagraph (A) to waive the cost limitation applicable
to a military construction project with a total authorized cost greater
than $500,000,000 or a military family housing project with a
total authorized cost greater than $500,000,000 if that waiver would
increase the project cost by more than 50 percent of the total
authorized cost of the project.’’.
SEC. 2809. USE OF OPERATION AND MAINTENANCE FUNDS FOR CERTAIN CONSTRUCTION PROJECTS OUTSIDE THE UNITED
STATES.

(a) PERMANENT AUTHORITY.—Section 2808 of the Military
Construction Authorization Act for Fiscal Year 2004 (division B
of Public Law 108–136; 117 Stat. 1723), as most recently amended
by section 2806 of the Military Construction Authorization Act
for Fiscal Year 2022 (division B of Public Law 117–81; 135 Stat.
2190), is further amended—
(1) in subsection (a)—
(A) by striking ‘‘, inside the area of responsibility of
the United States Central Command or certain countries
in the area of responsibility of the United States Africa
Command,’’;
(B) by inserting ‘‘outside the United States’’ after
‘‘construction project’’; and
(C) in paragraph (2), by striking ‘‘, unless the military
installation is located in Afghanistan, for which projects
using this authority may be carried out at installations
deemed as supporting a long-term presence’’; and
(2) in subsection (c)(1), by striking subparagraph (A) and
redesignating subparagraphs (B) and (C) as subparagraphs (A)
and (B), respectively.
(b) CONFORMING AMENDMENTS.—Such section is further
amended—
(1) in subsection (b), by striking ‘‘subsection (f)’’ and
inserting ‘‘subsection (d)’’;
(2) by striking subsection (e);
(3) by redesignating subsections (f) and (g) as subsections
(d) and (e), respectively;
(4) in subsection (e), as so redesignated, by striking ‘‘subsection (f)’’ and inserting ‘‘subsection (d)’’; and
(5) by striking subsections (h) and (i).
(c) CLERICAL AMENDMENTS.—Such section is further amended
as follows:
(1) The section heading for such section is amended—
(A) by striking ‘‘TEMPORARY, LIMITED AUTHORITY’’ and
inserting ‘‘AUTHORITY’’ ; and
(B) by inserting ‘‘CERTAIN’’ before ‘‘CONSTRUCTION
PROJECTS’’.

H. R. 7776—603
(2) The subsection heading for subsection (a) of such section
is amended by striking ‘‘TEMPORARY AUTHORITY’’ and inserting
‘‘IN GENERAL’’.
(d) CLASSIFICATION.—The Law Revision Counsel is directed to
classify section 2808 of the Military Construction Authorization
Act for Fiscal Year 2004 (division B of Public Law 108–136; 117
Stat. 1723), as amended by subsection (a), as a note following
section 2804 of title 10, United States Code.
SEC. 2810. CONSIDERATION OF INSTALLATION OF INTEGRATED SOLAR
ROOFING TO IMPROVE ENERGY RESILIENCY OF MILITARY
INSTALLATIONS.

The Secretary of Defense shall amend the Unified Facilities
Criteria/DoD Building Code (UFC 1–200–01) to require that planning and design for military construction projects inside the United
States include consideration of the feasibility and cost-effectiveness
of installing integrated solar roofing as part of the project, for
the purpose of—
(1) promoting on-installation energy security and energy
resilience;
(2) providing grid support to avoid energy disruptions; and
(3) facilitating implementation and greater use of the
authority provided by subsection (h) of section 2911 of title
10, United States Code.
SEC. 2811. REVISION OF UNIFIED FACILITIES GUIDE SPECIFICATIONS
AND UNIFIED FACILITIES CRITERIA TO INCLUDE SPECIFICATIONS ON USE OF GAS INSULATED SWITCHGEAR AND
CRITERIA AND SPECIFICATIONS ON MICROGRIDS AND
MICROGRID CONVERTERS.

(a) GAS INSULATED SWITCHGEAR.—Not later than one year after
the date of the enactment of this Act, the Under Secretary of
Defense for Acquisition and Sustainment shall modify the Unified
Facilities Guide Specifications to include a distinct specification
for medium voltage gas insulated switchgear.
(b) MICROGRIDS.—Not later than one year after the date of
the enactment of this Act, the Under Secretary of Defense for
Acquisition and Sustainment shall—
(1) modify the Unified Facilities Criteria to include criteria
for microgrids; and
(2) modify the Unified Facilities Guide Specifications to
include specifications for microgrids and microgrid controllers.
SEC. 2812. DETERMINATION AND NOTIFICATION RELATING TO EXECUTIVE ORDERS THAT IMPACT COST AND SCOPE OF WORK
OF MILITARY CONSTRUCTION PROJECTS.

(a) DETERMINATION AND UPDATE OF FORM 1391.—Not later
than 30 days after the date on which an Executive order is signed
by the President, the Secretary concerned shall—
(1) determine whether implementation of the Executive
order would cause a cost or scope of work variation for a
military construction project under the jurisdiction of the Secretary concerned;
(2) assess the potential for life-cycle cost savings associated
with implementation of the Executive order for such a project;
and
(3) update the Department of Defense Form 1391 for each
such project that has not been submitted for congressional

H. R. 7776—604
consideration, where such implementation would affect such
cost or scope of work variation, including—
(A) projects to be commenced in the next fiscal year
beginning after the date on which the Executive order
was signed; and
(B) projects covered by the future-years defense program submitted under section 221 of title 10, United States
Code.
(b) NOTIFICATION TO CONGRESS.—Not later than 10 days after
determining under subsection (a)(1) that implementation of an
Executive order would cause a cost or scope of work variation
for a military construction project, the Secretary concerned shall
submit to the congressional defense committees a report indicating
the estimated cost increases, scope of work increases, life-cycle
costs, and any other impacts of such implementation.
(c) CERTIFICATION.—Along with the submission to Congress
of the budget of the President for a fiscal year under section
1105(a) of title 31, United States Code, each Secretary concerned
shall certify to Congress that each Department of Defense Form
1391 provided to Congress for that fiscal year for a military
construction project has been updated with any cost or scope of
work variation specified in subsection (a)(1) with respect to an
Executive order signed during the four-year period preceding such
certification, including an indication of any cost increases for such
project that is directly attributable to such Executive order.
(d) SECRETARY CONCERNED DEFINED.—In this section, the term
‘‘Secretary concerned’’ has the meaning given that term in section
101 of title 10, United States Code.
SEC. 2813. REQUIREMENT FOR INCLUSION OF DEPARTMENT OF
DEFENSE FORMS 1391 WITH ANNUAL BUDGET SUBMISSION BY PRESIDENT.

Concurrently with the submission to Congress by the President
of the annual budget of the Department of Defense for a fiscal
year under section 1105(a) of title 31, United States Code, the
President shall include each Department of Defense Form 1391,
or successor similar form, for a military construction project to
be carried out during that fiscal year.
SEC. 2814. USE OF INTEGRATED PROJECT DELIVERY CONTRACTS.

(a) IN GENERAL.—In fiscal year 2023, the Secretary of the
Army, the Secretary of the Navy, and the Secretary of the Air
Force shall each enter into at least one integrated project delivery
contract for the delivery of a military construction project.
(b) INTEGRATED PROJECT DELIVERY CONTRACT DEFINED.—In
this section, the term ‘‘integrated project delivery contract’’ means
a single contract for the delivery of a whole project that—
(1) includes, at a minimum, the Secretary concerned,
builder, and architect-engineer as parties that are subject to
the terms of the contract;
(2) aligns the interests of all the parties to the contract
with respect to the project costs and project outcomes; and
(3) includes processes to ensure transparency and collaboration among all parties to the contract relating to project costs
and project outcomes.

H. R. 7776—605

Subtitle B—Military Housing Reforms
SEC. 2821. STANDARDIZATION OF MILITARY INSTALLATION HOUSING
REQUIREMENTS AND MARKET ANALYSES.

(a) IN GENERAL.—Subchapter II of chapter 169 of title 10,
United States Code, is amended by inserting after section 2836
the following new section:
‘‘§ 2837. Housing Requirements and Market Analysis
‘‘(a) IN GENERAL.—Not less frequently than once every five
years and in accordance with the requirements of this section,
the Secretary concerned shall conduct a Housing Requirements
and Market Analysis (in this section referred to as an ‘HRMA’)
for each military installation under the jurisdiction of the Secretary
concerned that is located in the United States.
‘‘(b) PRIORITIZATION OF INSTALLATIONS.—
‘‘(1) IN GENERAL.—Except as provided in paragraph (2),
the Secretary concerned shall prioritize the conduct of HRMAs
for military installations—
‘‘(A) for which an HRMA has not been conducted during
the five-year period preceding the date of the enactment
of this section; or
‘‘(B) in locations with housing shortages.
‘‘(2) EXISTING 5-YEAR REQUIREMENT.—Paragraph (1) shall
not apply to a military department that required an HRMA
to be conducted for each military installation not less frequently
than once every five years before the date of the enactment
of this section.
‘‘(c) SUBMITTAL TO CONGRESS.—The Secretary of Defense shall
include with the budget materials for the Department of Defense
for fiscal year 2024 and each subsequent fiscal year (as submitted
to Congress pursuant to section 1105 of title 31, United States
Code) a list of the military installations for which the Secretary
concerned plans to conduct an HRMA during the fiscal year covered
by such budget materials.
‘‘(d) HOUSING REQUIREMENTS AND MARKET ANALYSIS.—The
term ‘Housing Requirements and Market Analysis’or ‘HRMA’
means, with respect to a military installation, a structured analytical process under which an assessment is made of both the suitability and availability of the private sector rental housing market
using assumed specific standards related to affordability, location,
features, physical condition, and the housing requirements of the
total military population of such installation.’’.
(b) TIME FRAME.—
(1) IN GENERAL.—During each of fiscal years 2023 through
2027, the Secretary concerned shall conduct an HRMA for
20 percent of the military installations under the jurisdiction
of the Secretary concerned located in the United States.
(2) SUBMITTAL OF INFORMATION TO CONGRESS.—Not later
than January 15, 2023, the Secretary concerned shall submit
to the congressional defense committees a list of military
installations for which the Secretary concerned plans to conduct
an HRMA during fiscal year 2023.
(c) DEFINITIONS.—In this section:
(1) The term ‘‘HRMA’’ means, with respect to a military
installation, a structured analytical process under which an

H. R. 7776—606
assessment is made of both the suitability and availability
of the private sector rental housing market using assumed
specific standards related to affordability, location, features,
physical condition, and the housing requirements of the total
military population of such installation.
(2) The term ‘‘military installation’’ has the meaning given
in section 2801 of title 10, United States Code.
(3) The term ‘‘Secretary concerned’’ has the meaning given
that term in section 101(a) of title 10, United States Code.
SEC. 2822. NOTICE REQUIREMENT FOR MHPI GROUND LEASE EXTENSIONS.

Section 2878 of title 10, United States Code, is amended by
adding at the end the following new subsection:
‘‘(f) NOTICE OF LEASE EXTENSIONS.—(1) The Secretary concerned shall provide to the congressional defense committees notice
in writing and a briefing—
‘‘(A) not later than 60 days after beginning negotiations
with a lessor for the extension of the term of any ground
lease of property or facilities under this section; and
‘‘(B) not later than 90 days before extending the term
of any ground lease of property or facilities under this section.
‘‘(2) A notice and briefing required under paragraph (1) shall
include each of the following:
‘‘(A) A description of any material differences between the
extended ground lease and the original ground lease, including
with respect to—
‘‘(i) the length of the term of the lease, as extended;
and
‘‘(ii) any new provisions that materially affect the rights
and responsibilities of the ground lessor or the ground
lessee under the original ground lease.
‘‘(B) The number of housing units or facilities subject to
the ground lease that, during the lease extension, are to be—
‘‘(i) constructed;
‘‘(ii) demolished; or
‘‘(iii) renovated.
‘‘(C) The source of any additional financing the lessor has
obtained, or intends to obtain, during the term of the ground
lease extension that will be used for the development of the
property or facilities subject to the ground lease.
‘‘(D) The following information, displayed annually, for the
five-year period preceding the date of the notice and briefing:
‘‘(i) The debt-to-net operating income ratio for the property or facility subject to the ground lease.
‘‘(ii) The occupancy rates for the housing units subject
to the ground lease.
‘‘(iii) An report on maintenance response times and
completion of maintenance requests for the housing units
subject to the ground lease.
‘‘(iv) The occupancy rates and debt-to-net operating
income ratios of any other military privatized housing initiative projects managed by a company that controls, or
that is under common control with, the ground lessee
entering into the lease extension.’’.

H. R. 7776—607
SEC. 2823. ANNUAL BRIEFINGS ON MILITARY HOUSING PRIVATIZATION
PROJECTS.

Section 2884 of title 10, United States Code, is amended by
adding at the end the following new subsection:
‘‘(d) ANNUAL BRIEFINGS.—Not later than February 1 of each
year, each Secretary concerned shall provide to the Committees
on Armed Services of the Senate and House of Representatives
a briefing on military housing privatization projects under the jurisdiction of the Secretary. Such briefing shall include, for the 12month period preceding the date of the briefing, each of the following:
‘‘(1) The information described in paragraphs (1) through
(14) of subsection (c) with respect to all military housing
privatization projects under the jurisdiction of the Secretary.
‘‘(2) A review of any such project that is expected to require
the restructuring of a loan, including any public or private
loan.
‘‘(3) For any such project expected to require restructuring,
a timeline for when such restructuring is expected to occur.
‘‘(4) Such other information as the Secretary determines
appropriate.’’.
SEC. 2824. MOLD INSPECTION OF VACANT HOUSING UNITS.

Section 2891a of title 10, United States Code, is amended—
(1) by redesignating subsection (e) as subsection (f); and
(2) by inserting after subsection (d) the following new subsection (e):
‘‘(e) REQUIREMENTS FOR SECRETARY CONCERNED.—The Secretary concerned shall be responsible for—
‘‘(1) providing for a mold inspection of each vacant housing
unit before any new tenant moves into the unit; and
‘‘(2) providing to the new tenant the results of the inspection.’’.
SEC. 2825. IMPLEMENTATION OF RECOMMENDATIONS FROM AUDIT
OF MEDICAL CONDITIONS OF RESIDENTS IN PRIVATIZED
MILITARY HOUSING.

Not later than March 1, 2023, the Secretary of Defense shall
implement the recommendations contained in the report of the
Inspector General of the Department of Defense published on April
1, 2022, and titled ‘‘Audit of Medical Conditions of Residents in
Privatized Military Housing’’ (DODIG–2022–078).

Subtitle C—Real Property and Facilities
Administration
SEC. 2831. AUTHORIZED LAND AND FACILITIES TRANSFER TO SUPPORT CONTRACTS WITH FEDERALLY FUNDED RESEARCH
AND DEVELOPMENT CENTERS.

(a) IN GENERAL.—Chapter 159 of title 10, United States Code,
is amended by inserting after section 2668a the following new
section:

H. R. 7776—608
‘‘§ 2669. Transfer of land and facilities to support contracts
with federally funded research and development
centers
‘‘(a) LEASE OF LAND, FACILITIES, AND IMPROVEMENTS.—(1) The
Secretary of a military department may lease, for no consideration,
land, facilities, infrastructure, and improvements to a covered
FFRDC if the lease is to further the purposes of a contract between
the Department of Defense and the covered FFRDC.
‘‘(2) A lease entered into under paragraph (1) shall terminate
on the earlier of the following dates:
‘‘(A) The date that is 50 years after the date on which
the Secretary enters into the lease.
‘‘(B) The date of the termination or non-renewal of the
contract between the Department of Defense and the covered
FFRDC related to the lease.
‘‘(b) CONVEYANCE OF FACILITIES AND IMPROVEMENTS.—(1) The
Secretary of a military department may convey, for no consideration,
ownership of facilities and improvements located on land leased
to a covered FFRDC to further the purposes of a contract between
the Department of Defense and the covered FFRDC.
‘‘(2) The ownership of any facilities and improvements conveyed
by the Secretary of a military department or any improvements
made to the leased land by the covered FFRDC under this subsection shall, as determined by the Secretary of a military department, revert or transfer to the United States upon the termination
or non-renewal of the underlying land lease.
‘‘(3) Any facilities and improvements conveyed by the Secretary
of a military department shall be demolished by the covered FFDRC
as determined by such Secretary.
‘‘(c) CONSTRUCTION STANDARDS.—A lease entered into under
this section may provide that any facilities constructed on the
leased land may be constructed using commercial standards in
a manner that provides force protection safeguards appropriate
to the activities conducted in, and the location of, such facilities.
‘‘(d) INAPPLICABILITY OF CERTAIN PROPERTY MANAGEMENT
LAWS.—(1) The conveyance or lease of property or facilities,
improvements, and infrastructure under this section shall not be
subject to the following provisions of law:
‘‘(A) Section 2667 of this title.
‘‘(B) Section 1302 of title 40.
‘‘(C) Section 501 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11411).
‘‘(2) Sections 2662 and 2802 of this title shall not apply to
any improvements or facilities constructed by the covered FFRDC
on land leased or conveyed to a covered FFRDC described in subsection (a) or (b).
‘‘(e) COMPETITIVE PROCEDURES FOR SELECTION OF CERTAIN LESSEES; EXCEPTION.—If a proposed lease under this section is with
respect to a covered FFRDC, the use of competitive procedures
for the selection of the lessee is not required and the provisions
of chapter 33 of title 41, United States Code, or chapter 221 of
title 10, United States Code, and the related provisions of the
Federal Acquisition Regulation shall not apply.
‘‘(f) COVERED FFRDC DEFINED.—In this section, the term ‘covered FFRDC’ means a federally funded research and development
center that is sponsored by, and has entered into a contract with,
the Department of Defense.’’.

H. R. 7776—609
(b) CLERICAL AMENDMENT.—The table of sections for chapter
159 of title 10, United States Code, is amended by inserting after
the item relating to section 2668a and inserting the following new
item:
‘‘2669. Transfer of land and facilities to support contracts with federally funded research and development centers.’’.
SEC. 2832. LIMITATION ON USE OF FUNDS PENDING COMPLETION OF
MILITARY INSTALLATION RESILIENCE COMPONENT OF
MASTER PLANS FOR AT-RISK MAJOR MILITARY INSTALLATIONS.

Of the funds authorized to be appropriated by this Act or
otherwise made available for fiscal year 2023 for the Office of
the Secretary of Defense for administration and service-wide activities, not more than 50 percent may be obligated or expended until
the date on which each Secretary of a military department has
satisfied the requirements of section 2833 of the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117–81; 10
U.S.C. 2864 note).
SEC. 2833. PHYSICAL ENTRANCES TO CERTAIN MILITARY INSTALLATIONS.

The Secretary of Defense shall ensure that, to the extent practicable that—
(1) each military installation in the United States has
a designated main entrance that, at all times, is manned by
at least one member of the Armed Forces or civilian employee
of the Department of Defense;
(2) the location of each such designated main entrance
is published on a publicly accessible internet website of the
Department;
(3) in the case of a military installation in the United
States that has any additional entrance designated for commercial deliveries to the military installation, the location of such
entrance (and any applicable days or hours of operation for
such entrance) is published on the same internet website as
the website referred to in paragraph (2); and
(4) the information required to be published on the internet
website under paragraph (2) is reviewed and, as necessary,
updated on a basis that is not less frequent than annually.

Subtitle D—Land Conveyances
SEC. 2841. EXTENSION OF TIME FRAME FOR LAND CONVEYANCE,
SHARPE ARMY DEPOT, LATHROP, CALIFORNIA.

Section 2833(g) of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (Public Law 116–
283) is amended by striking ‘‘one year’’ and inserting ‘‘three years’’.
SEC. 2842. LAND CONVEYANCE, JOINT BASE CHARLESTON, SOUTH
CAROLINA.

(a) CONVEYANCE AUTHORIZED.—The Secretary of the Air Force
(in this section referred to as the ‘‘Secretary’’) may convey to the
City of North Charleston, South Carolina (in this section referred
to as the ‘‘City’’) all right, title, and interest of the United States
in and to a parcel of real property, including any improvements
thereon, consisting of approximately 26 acres known as the Old

H. R. 7776—610
Navy Yard at Joint Base Charleston, South Carolina, for the purpose of permitting the City to use the property for economic development.
(b) CONSIDERATION.—
(1) IN GENERAL.—As consideration for the conveyance under
subsection (a), the City shall pay to the Secretary an amount
equal to not less than the fair market value, as determined
by the Secretary, based on an appraisal of the property to
be conveyed under such subsection, which may consist of cash
payment, in-kind consideration as described under paragraph
(3), or a combination thereof.
(2) SUFFICIENCY OF CONSIDERATION.—
(A) IN GENERAL.—Consideration paid to the Secretary
under paragraph (1) shall be in an amount sufficient, as
determined by the Secretary, to provide replacement space
for, and for the relocation of, any personnel, furniture,
fixtures, equipment, and personal property of any kind
belonging to any military department located upon the
property to be conveyed under subsection (a).
(B) COMPLETION PRIOR TO CONVEYANCE.—Any cash
consideration shall be paid in full and any in-kind consideration shall be complete, useable, and delivered to the satisfaction of the Secretary at or prior to the conveyance under
subsection (a).
(3) IN-KIND CONSIDERATION.—In-kind consideration provided by the City under paragraph (1) may include the acquisition, construction, provision, improvement, maintenance, repair,
or restoration (including environmental restoration), or combination thereof, of any facilities or infrastructure with proximity to Joint Base Charleston Weapons Station (South Annex)
and located on Joint Base Charleston, that the Secretary considers acceptable.
(4) TREATMENT OF CASH CONSIDERATION RECEIVED.—Any
cash consideration received by the Secretary under paragraph
(1) shall be deposited in the special account in the Treasury
under subparagraph (A) of section 572(b)(5) of title 40, United
States Code, and shall be available in accordance with subparagraph (B)(ii) of such section.
(c) PAYMENT OF COSTS OF CONVEYANCE.—
(1) PAYMENT REQUIRED.—
(A) IN GENERAL.—The Secretary may require the City
to cover all costs to be incurred by the Secretary, or to
reimburse the Secretary for costs incurred by the Secretary,
to carry out the conveyance under subsection (a), including
survey costs, appraisal costs, costs related to environmental
documentation, and any other administrative costs related
to the conveyance.
(B) REFUND OF AMOUNTS.—If amounts paid by the
City to the Secretary in advance exceed the costs actually
incurred by the Secretary to carry out the conveyance
under subsection (a), the Secretary shall refund the excess
amount to the City.
(2) TREATMENT OF AMOUNTS RECEIVED.—Amounts received
under paragraph (1) as reimbursement for costs incurred by
the Secretary to carry out the conveyance under subsection
(a) shall be credited to the fund or account that was used
to cover the costs incurred by the Secretary in carrying out

H. R. 7776—611
the conveyance or to an appropriate fund or account currently
available to the Secretary for the purposes for which the costs
were paid. Amounts so credited shall be merged with amounts
in such fund or account and shall be available for the same
purposes, and to the same conditions and limitations, as
amounts in such fund or account.
(d) DESCRIPTION OF PROPERTY.—The exact acreage and legal
description of the property to be conveyed under subsection (a)
shall be determined by a survey satisfactory to the Secretary.
(e) CONDITION OF CONVEYANCE.—The conveyance under subsection (a) shall be subject to all valid existing rights and the
City shall accept the property (and any improvements thereon)
in its condition at the time of the conveyance (commonly known
as a conveyance ‘‘as is’’).
(f) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may
require such additional terms and conditions in connection with
the conveyance under subsection (a) as the Secretary considers
appropriate to protect the interests of the United States.
(g) OLD NAVY YARD DEFINED.—In this section, the term ‘‘Old
Navy Yard’’ includes the facilities used by the Naval Information
Warfare Center Atlantic, including buildings 1602, 1603, 1639,
1648, and such other facilities, infrastructure, and land along or
near the Cooper River waterfront at Joint Base Charleston as
the Secretary considers appropriate.
SEC. 2843. LAND CONVEYANCE, NAVAL AIR STATION OCEANA, DAM
NECK ANNEX, VIRGINIA BEACH, VIRGINIA.

(a) CONVEYANCE AUTHORIZED.—The Secretary of the Navy may
convey to the Hampton Roads Sanitation District (in this section
referred to as the ‘‘HRSD’’) all right, title, and interest of the
United States in and to a parcel of installation real property,
including any improvements thereon, consisting of approximately
7.9 acres located at Naval Air Station Oceana in Dam Neck Annex,
Virginia Beach, Virginia. The Secretary may void any land use
restrictions associated with the property to be conveyed under this
subsection.
(b) CONSIDERATION.—
(1) AMOUNT AND DETERMINATION.—As consideration for the
conveyance under subsection (a), the HRSD shall pay to the
Secretary of the Navy an amount that is not less than the
fair market value of the property conveyed, as determined
by the Secretary. Such determination of fair market value
shall be final. In lieu of all or a portion of cash payment
of consideration, the Secretary may accept in-kind consideration.
(2) TREATMENT OF CASH CONSIDERATION.—The Secretary
of the Navy shall deposit any cash payment received under
paragraph (1) in the special account in the Treasury established
for the Secretary of the Navy under of paragraph (1) of section
2667(e) of title 10, United States Code. The entire amount
deposited shall be available for use in accordance with subparagraph (D) of such paragraph.
(c) PAYMENT OF COSTS OF CONVEYANCE.—
(1) PAYMENT REQUIRED.—The Secretary of the Navy shall
require the HRSD to cover costs to be incurred by the Secretary,
or to reimburse the Secretary for costs incurred by the Secretary, to carry out the conveyance under subsection (a),

H. R. 7776—612
including survey costs, costs related to environmental documentation, and any other administrative costs related to the
conveyance. If amounts are collected in advance of the Secretary
incurring the actual costs, and the amount collected exceeds
the costs actually incurred by the Secretary to carry out the
conveyance, the Secretary shall refund the excess amount to
the HRSD.
(2) TREATMENT OF AMOUNTS RECEIVED.—Amounts received
as reimbursement under paragraph (1) shall be credited to
the fund or account that was used to cover those costs incurred
by the Secretary in carrying out the conveyance. Amounts
so credited shall be merged with amounts in such fund or
account and shall be available for the same purposes, and
subject to the same conditions and limitations, as amounts
in such fund or account.
(d) DESCRIPTION OF PROPERTY.—The exact acreage and legal
description of the parcel of real property to be conveyed under
subsection (a) shall be determined by a survey satisfactory to the
Secretary of the Navy.
(e) ADDITIONAL TERMS AND CONDITIONS.—The Secretary of the
Navy may require such additional terms and conditions in connection with the conveyance under subsection (a) as the Secretary
considers appropriate to protect the interests of the United States.
SEC. 2844. LAND EXCHANGE, MARINE RESERVE TRAINING CENTER,
OMAHA, NEBRASKA.

(a) LAND EXCHANGE AUTHORIZED.—The Secretary of the Navy
may convey to the Metropolitan Community College Area, a political
subdivision of the State of Nebraska (in this section referred to
as the ‘‘College’’), all right, title, and interest of the United States
in and to a parcel of real property, including improvements thereon,
known as the Marine Reserve Training Center in Omaha, Nebraska.
(b) CONSIDERATION.—As consideration for the conveyance under
subsection (a), the College shall convey to the Secretary of the
Navy real property interests, either adjacent or proximate, to Offutt
Air Force Base, Nebraska.
(c) LAND EXCHANGE AGREEMENT.—The Secretary of the Navy
and the College may enter into a land exchange agreement to
implement this section.
(d) VALUATION.—The value of each property interest to be
exchanged by the Secretary of the Navy and the College described
in subsections (a) and (b) shall be determined—
(1) by an independent appraiser selected by the Secretary;
and
(2) in accordance with the Uniform Appraisal Standards
for Federal Land Acquisitions and the Uniform Standards of
Professional Appraisal Practice.
(e) CASH EQUALIZATION PAYMENTS.—
(1) TO THE SECRETARY.—If the value of the property
interests described in subsection (a) is greater than the value
of the property interests described in subsection (b), the values
shall be equalized through either of the following or a combination thereof:
(A) A cash equalization payment from the College to
the Department of the Navy.
(B) In-kind consideration provided by the College,
which may include the acquisition, construction, provision,

H. R. 7776—613
improvement, maintenance, repair, or restoration
(including environmental restoration), or combination
thereof, of any facilities or infrastructure, or delivery of
services relating to the needs of Marine Corps Reserve
Training Center Omaha.
(2) NO EQUALIZATION.—If the value of the property interests
described in subsection (b) is greater than the value of the
property interests described in subsection (a), the Secretary
may not make a cash equalization payment to equalize the
values.
(f) PAYMENT OF COSTS OF CONVEYANCE.—
(1) PAYMENT REQUIRED.—The Secretary of the Navy shall
require the College to pay all costs to be incurred by the
Secretary to carry out the exchange of property interests under
this section, including such costs related to land survey,
environmental documentation, real estate due diligence such
as appraisals, and any other administrative costs related to
the exchange of property interests, including costs incurred
preparing and executing a land exchange agreement authorized
under subsection (c). If amounts are collected from the College
in advance of the Secretary incurring the actual costs and
the amount collected exceeds the costs actually incurred by
the Secretary to carry out the exchange of property interests,
the Secretary shall refund the excess amount to the College.
(2) TREATMENT OF AMOUNTS RECEIVED.—Amounts received
by the Secretary of the Navy under paragraph (1) shall be
used in accordance with section 2695(c) of title 10, United
States Code.
(g) DESCRIPTION OF PROPERTY.—The exact acreage and legal
description of the property interests to be exchanged under this
section shall be determined by surveys that are satisfactory to
the Secretary of the Navy.
(h) CONVEYANCE AGREEMENT.—The exchange of real property
interests under this section shall be accomplished using an appropriate legal instrument and upon terms and conditions mutually
satisfactory to the Secretary of the Navy and the College, including
such additional terms and conditions as the Secretary considers
appropriate to protect the interests of the United States.
(i) EXEMPTION FROM SCREENING REQUIREMENTS FOR ADDITIONAL FEDERAL USE.—The authority under this section is exempt
from the screening process required under section 2696(b) of title
10, United States Code.
SEC. 2845. LAND CONVEYANCE, STARKVILLE, MISSISSIPPI.

(a) CONVEYANCE AUTHORIZED.—The Secretary of the Army (in
this section referred to as the ‘‘Secretary’’) may convey to the
City of Starkville, Mississippi (in this section referred to as the
‘‘City’’), all right, title, and interest of the United States in and
to a parcel of real property, including improvements thereon, consisting of approximately five acres, located at 343 Highway 12,
Starkville, Mississippi 39759, to be used for economic development
purposes.
(b) CONSIDERATION.—
(1) IN GENERAL.—As consideration for the conveyance of
property under subsection (a), the City shall pay to the United
States an amount equal to the fair market value of the property
to be conveyed. The Secretary shall determine the fair market

H. R. 7776—614
value of the property using an independent appraisal based
on the highest and best use of the property.
(2) DETERMINATION OF FAIR MARKET VALUE.—The Secretary
shall determine the fair market value of the property to be
conveyed under subsection (a) using an independent appraisal
based on the highest and best use of the property.
(3) TREATMENT OF CONSIDERATION RECEIVED.—Consideration received under paragraph (1) shall be deposited in the
special account in the Treasury established under subsection
(b) of section 572 of title 40, United States Code, and shall
be available in accordance with paragraph (5)(B) of such subsection.
(c) PAYMENT OF COSTS OF CONVEYANCE.—
(1) PAYMENT.—
(A) IN GENERAL.—The Secretary may require the City
to cover all costs (except costs for environmental remediation of the property under the Comprehensive Environmental Response, Compensation and Liability Act 1980
(42 U.S.C. 9601 et seq.)) to be incurred by the Secretary,
or to reimburse the Secretary for costs incurred by the
Secretary, to carry out the conveyance under subsection
(a), including survey costs, costs for environmental documentation, and any other administrative costs related to
the conveyance.
(B) REFUND.—If amounts are collected from the City
under subparagraph (A) 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.
(2) TREATMENT OF AMOUNTS RECEIVED.—Amounts received
under paragraph (1) as reimbursement for costs incurred by
the Secretary to carry out the conveyance under subsection
(a) shall be credited to the fund or account that was used
to cover the costs incurred by the Secretary in carrying out
the conveyance, or to an appropriate fund or account currently
available to the Secretary for the purposes for which the costs
were paid. Amounts so credited shall be merged with amounts
in such fund or account and shall be available for the same
purposes, and subject to the same conditions and limitations,
as amounts in such fund or account.
(d) DESCRIPTION OF PROPERTY.—The exact acreage and legal
description of the property to be conveyed under subsection (a)
shall be determined by a survey satisfactory to the Secretary.
(e) 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.

Subtitle E—Miscellaneous Studies and
Reports
SEC. 2851. STUDY ON PRACTICES WITH RESPECT TO DEVELOPMENT
OF MILITARY CONSTRUCTION PROJECTS.

(a) STUDY REQUIRED.—Not later than 90 days after the date
of the enactment of this Act, the Secretary of Defense shall seek

H. R. 7776—615
to enter into an agreement with a federally funded research and
development center for the conduct of a study on the practices
of the Department of Defense with respect to the development
of military construction projects.
(b) ELEMENTS.—An agreement under subsection (a) shall specify
that the study conducted pursuant to the agreement shall address
each of the following:
(1) Practices with respect to adoption of Unified Facilities
Criteria changes and the inclusion of such changes into
advanced planning, Department of Defense Form 1391 documentation, and planning and design.
(2) Practices with respect to how sustainable materials,
such as mass timber and low carbon concrete, are assessed
and included in advanced planning, Department of Defense
Form 1391 documentation, and planning and design.
(3) Barriers to incorporating innovative techniques,
including 3D printed building techniques.
(4) Whether the Strategic Environmental Research and
Development Program (established under section 2901 of title
10, United States Code) or the Environmental Security Technology Certification Program could be used to validate such
sustainable materials and innovative techniques to encourage
the use of such sustainable materials and innovative techniques
by the Army Corps of Engineers and the Naval Facilities
Engineering Systems Command.
(c) REPORT TO CONGRESS.—Not later than 60 days after the
completion of the study described in this section, the Secretary
of Defense shall submit to the congressional defense committees
a report on the results of the study.
SEC. 2852. REPORT ON CAPACITY OF DEPARTMENT OF DEFENSE TO
PROVIDE SURVIVORS OF NATURAL DISASTERS WITH
EMERGENCY SHORT-TERM HOUSING.

Not later than 220 days after the date of the enactment of
this Act, the Secretary of Defense shall submit to the congressional
defense committees a report analyzing the capacity of the Department of Defense to provide survivors of natural disasters with
emergency short-term housing.
SEC. 2853. REPORTING ON LEAD SERVICE LINES AND LEAD PLUMBING.

(a) INITIAL REPORT.—Not later than January 1, 2025, the Under
Secretary of Defense for Acquisition and Sustainment shall submit
to the congressional defense committees a report that includes—
(1) a list of military installations (including Governmentowned family housing facilities), military housing, and
privatized military housing projects that, as of the date of
the report, are being serviced by lead service lines or lead
plumbing for the purposes of receiving drinking water;
(2) an evaluation of whether military installations and
privatized military housing projects are in compliance with
the Lead and Copper Rule and, to the extent that such installations and projects are not in compliance, an identification of—
(A) the name and location of each such installation
or project that is not in compliance; and
(B) the timeline and plan for bringing each such
installation or project into compliance; and

H. R. 7776—616
(3) an identification of steps and resources needed to
remove any remaining lead plumbing from military installations and housing.
(b) INCLUSION OF INFORMATION IN ANNUAL REPORT.—If, after
reviewing the initial report required under subsection (a), the Secretary of Defense finds that any military installation or privatized
family housing project is not in compliance with the Lead and
Copper Rule, the Secretary shall include in the annual report on
defense environmental programs required under section 2711 of
title 10, United States Code, for each year after the year in which
the initial report is submitted, an update on the efforts of the
Secretary, including negotiations with privatized military family
housing providers, to fully comply with the Lead and Copper Rule.
SEC. 2854. BRIEFING ON ATTEMPTS TO ACQUIRE LAND NEAR UNITED
STATES MILITARY INSTALLATIONS BY THE PEOPLE’S
REPUBLIC OF CHINA.

The Under Secretary of Defense for Acquisition and
Sustainment, in consultation with the head of the Department
of the Air Force Office of Special Investigations, shall provide a
briefing to the Committees on Armed Services of the Senate and
the House of Representatives not later than June 1, 2023, that
details—
(1) attempts by the People’s Republic of China to acquire
land that is located in close proximity (as determined by the
Secretary of Defense) to a United States military installation;
and
(2) ongoing Department of Defense efforts to counter such
attempts.

Subtitle F—Other Matters
SEC. 2861. REQUIRED CONSULTATION WITH STATE AND LOCAL ENTITIES FOR NOTIFICATIONS RELATED TO THE BASING DECISION-MAKING PROCESS.

Section 483(c) of title 10, United States Code, is amended
by adding at the end a new paragraph:
‘‘(6) With respect to any decision of the Secretary concerned
that would result in a significant increase in the number of
members of the Armed Forces assigned to a military installation, a description of the consultation with appropriate State
and local entities regarding the basing decision to ensure
consideration of matters affecting the local community,
including requirements for transportation, utility infrastructure, housing, education, and family support activities.’’.
SEC. 2862. INCLUSION IN DEFENSE COMMUNITY INFRASTRUCTURE
PILOT PROGRAM OF CERTAIN PROJECTS FOR ROTC
TRAINING.

Section 2391 of title 10, United States Code, is further
amended—
(1) in subsection (d)(1)(B)—
(A) by redesignating clauses (ii) and (iii) as clauses
(iii) and (iv), respectively; and
(B) by inserting after clause (i) the following new clause
(ii):

H. R. 7776—617
‘‘(ii) Projects that will contribute to the training of cadets
enrolled in an independent Reserve Officer Training Corps program at a covered educational institution.’’; and
(2) in subsection (e), by adding at the end the following
new paragraph:
‘‘(6) The term ‘covered educational institution’ means a
college or university that is—
‘‘(A) a part B institution, as defined in section 322
of the Higher Education Act of 1965 (20 U.S.C. 1061);
‘‘(B) an 1890 Institution, as defined in section 2 of
the Agricultural Research, Extension, and Education
Reform Act of 1998 (7 U.S.C. 7601);
‘‘(C) not affiliated with a consortium; and
‘‘(D) located at least 40 miles from a major military
installation.’’.
SEC. 2863. INCLUSION OF INFRASTRUCTURE IMPROVEMENTS IDENTIFIED IN THE REPORT ON STRATEGIC SEAPORTS IN
DEFENSE COMMUNITY INFRASTRUCTURE PILOT PROGRAM.

Section 2391(d) of title 10, United States Code, as amended
by this Act, is further amended—
(1) by redesignating paragraphs (3) and (4) as paragraphs
(4) and (5), respectively; and
(2) by inserting after paragraph (2) the following new paragraph (3):
‘‘(3) In selecting community infrastructure projects to receive
assistance under this subsection, the Secretary shall consider infrastructure improvements identified in the report on strategic seaports required by section 3515 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1985).’’.
SEC. 2864. INCLUSION OF CERTAIN PROPERTY FOR PURPOSES OF
DEFENSE COMMUNITY INFRASTRUCTURE PILOT PROGRAM.

Section 2391(e)(4)(A)(i) of title 10, United States Code, as
amended by this Act, is further amended by inserting ‘‘or on property under the jurisdiction of a Secretary of a military department
that is subject to a real estate agreement (including a lease or
easement)’’ after ‘‘installation’’.
SEC. 2865. EXPANSION OF PILOT PROGRAM ON INCREASED USE OF
SUSTAINABLE BUILDING MATERIALS IN MILITARY
CONSTRUCTION TO INCLUDE LOCATIONS THROUGHOUT
THE UNITED STATES.

Section 2861(b)(2) of the National Defense Authorization Act
for Fiscal Year 2022 (Public Law 117–81; 10 U.S.C. 2802 note)
is amended in the matter preceding subparagraph (A) by striking
‘‘continental’’.
SEC. 2866. BASING DECISION SCORECARD CONSISTENCY AND TRANSPARENCY.

Section 2883(h) of the Military Construction Authorization Act
for Fiscal Year 2021 (Public Law 116–283; 10 U.S.C. 1781b note)
is amended—
(1) by amending paragraph (3) to read as follows:
‘‘(3) AVAILABILITY.—

H. R. 7776—618
‘‘(A) IN GENERAL.—A current version of each scorecard
established under this subsection shall be available to the
public through an Internet website of the military department concerned.
‘‘(B) METHODOLOGY AND CRITERIA.—
‘‘(i) AVAILABILITY.—Each Secretary of a military
department shall publish on the website described in
subparagraph (A) the methodology and criteria each
time such Secretary establishes or updates a scorecard.
‘‘(ii) PUBLIC COMMENT.—Each Secretary of a military department shall establish a 60-day public comment period beginning on each date of publication of
such methodology and criteria.’’; and
(2) by adding at the end the following new paragraph:
‘‘(4) COORDINATION.—In establishing or updating a scorecard under this subsection, each Secretary of the military
department concerned shall coordinate with the Secretary of
Defense to ensure consistency across the military departments.’’.
SEC. 2867. TEMPORARY AUTHORITY FOR ACCEPTANCE AND USE OF
FUNDS FOR CERTAIN CONSTRUCTION PROJECTS IN THE
REPUBLIC OF KOREA.

Section 2863 of the National Defense Authorization Act for
Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1899) is amended—
(1) in subsection (a)—
(A) in paragraph (1)—
(i) in the matter preceding subparagraph (A), by
striking ‘‘cash’’; and
(ii) in subparagraph (B), by inserting ‘‘and
construction’’ after ‘‘The design’’; and
(B) by adding at the end the following new paragraph:
‘‘(3) METHOD OF CONTRIBUTION.—Contributions may be
accepted under this subsection in any of the forms referred
to in section 2350k(c) of title 10, United States Code.’’; and
(2) in subsection (b), by striking ‘‘Contributions’’ and
inserting ‘‘Cash contributions’’.
SEC. 2868. REPEAL OF REQUIREMENT FOR INTERAGENCY COORDINATION GROUP OF INSPECTORS GENERAL FOR GUAM
REALIGNMENT.

Section 2835 of the Military Construction Authorization Act
for Fiscal Year 2010 (division B of Public Law 111–84; 10 U.S.C.
2687 note) is repealed.
SEC. 2869. LEASE OR USE AGREEMENT FOR CATEGORY 3 SUBTERRANEAN TRAINING FACILITY.

(a) IN GENERAL.—The Secretary of Defense may seek to enter
into a lease or use agreement with a category 3 subterranean
training facility that—
(1) is located in close proximity (as determined by the
Secretary of Defense) to the home station of an air assault
unit or a special operations force; and
(2) has the capacity to—
(A) provide brigade or large full-mission profile
training;
(B) rapidly replicate full-scale underground venues;
(C) support helicopter landing zones; and

H. R. 7776—619
(D) support underground live fire.
(b) USE OF FACILITY.—A lease or use agreement entered into
pursuant to subsection (a) shall provide that the category 3 subterranean training facility shall be made available for—
(1) hosting of training and testing exercises for—
(A) members of the Armed Forces, including members
a special operations force;
(B) personnel of combat support agencies, including
the Defense Threat Reduction Agency; and
(C) such other personnel as the Secretary of Defense
determines appropriate; and
(2) such other purposes as the Secretary of Defense determines appropriate.
(c) DURATION.—The duration of any lease or use agreement
entered into pursuant to subsection (a) shall be for a period of
not less than 5 years.
(d) CATEGORY 3 SUBTERRANEAN TRAINING FACILITY DEFINED.—
In this section, the term ‘‘category 3 subterranean training facility’’
means an underground structure designed and built—
(1) to be unobserved and to provide maximum protection;
and
(2) to serve as a command and control, operations, storage,
production, and protection facility.
(e) CONFORMING REPEAL.—Section 375 of the National Defense
Authorization Act for Fiscal Year 2022 (Public Law 117–81; 10
U.S.C. 2001 note prec.) is repealed.
SEC. 2870. LIMITATION ON USE OF FUNDS FOR CLOSURE OF COMBAT
READINESS TRAINING CENTERS.

(a) LIMITATION.—None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year
2023 for the Air Force may be obligated or expended to close,
or prepare to close, any combat readiness training center.
(b) WAIVER.—The Secretary of the Air Force may waive the
limitation under subsection (a) with respect to a combat readiness
training center if the Secretary submits to the congressional defense
committees the following:
(1) A certification that—
(A) the closure of the center would not be in violation
of section 2687 of title 10, United States Code; and
(B) the support capabilities provided by the center
will not be diminished as a result of the closure of the
center.
(2) A report that includes—
(A) a detailed business case analysis for the closure
of the center; and
(B) an assessment of the effects the closure of the
center would have on training units of the Armed Forces,
including any active duty units that may use the center.
SEC. 2871. REQUIRED INVESTMENTS IN IMPROVING CHILD DEVELOPMENT CENTERS.

(a) INVESTMENTS IN CHILD DEVELOPMENT CENTERS.—Of the
total amount authorized to be appropriated for fiscal year 2023
for the Department of Defense for Facilities Sustainment, Restoration, and Modernization activities of a military department, the
Secretary of that military department shall reserve an amount
greater than or equal to one percent of the estimated replacement

H. R. 7776—620
cost for fiscal year 2023 of the total inventory of child development
centers under the jurisdiction of that Secretary for the purpose
of carrying out projects for the improvement of child development
centers.
(b) CHILD DEVELOPMENT CENTER DEFINED.—In this section,
the term ‘‘child development center’’ has meaning given the term
‘‘military child development center’’ in section 1800(1) of title 10,
United States Code.
SEC. 2872. INTERAGENCY REGIONAL COORDINATOR FOR RESILIENCE
PILOT PROJECT.

(a) PILOT PROJECT.—The Secretary of Defense shall carry out
a pilot program under which the Secretary shall establish within
the Department of Defense four Interagency Regional Coordinators.
Each Interagency Regional Coordinator shall be responsible for
improving the resilience of a community that supports a military
installation and serving as a model for enhancing community resilience before disaster strikes.
(b) SELECTION.—Each Interagency Regional Coordinator shall
support military installations and surrounding communities within
a geographic area, with at least one such Coordinator serving
each of the East, West, and Gulf coasts. For purposes of the project,
the Secretary shall select geographic areas—
(1) with significant sea level rise and recurrent flooding
that prevents members of the Armed Forces from reaching
their posts or jeopardizes military readiness; and
(2) where communities have collaborated on multi-jurisdictional climate adaptation planning efforts, including such
collaboration with the Army Corps of Engineers Civil Works
Department and through Joint Land Use Studies.
(c) COLLABORATION.—In carrying out the pilot project, the Secretary shall build on existing efforts through collaboration with
State and local entities, including emergency management,
transportation, planning, housing, community development, natural
resource managers, and governing bodies and with the heads of
appropriate Federal departments and agencies.
SEC. 2873. ACCESS TO MILITARY INSTALLATIONS FOR HOMELAND
SECURITY INVESTIGATIONS PERSONNEL IN GUAM.

The commander of a military installation located in Guam
shall grant to an officer or employee of Homeland Security Investigations the same access to such military installation such commander grants to an officer or employee of U.S. Customs and
Border Protection or of the Federal Bureau of Investigation.
SEC. 2874. PROHIBITION ON JOINT USE OF HOMESTEAD AIR RESERVE
BASE WITH CIVIL AVIATION.

On or before September 30, 2026, the Secretary of the Air
Force may not enter into an agreement that would provide for
or permit the joint use of Homestead Air Reserve Base, Homestead,
Florida, by the Air Force and civil aircraft.
SEC.

2875.

ELECTRICAL CHARGING CAPABILITY CONSTRUCTION
REQUIREMENTS RELATING TO PARKING FOR FEDERAL
GOVERNMENT MOTOR VEHICLES.

(a) IN GENERAL.—If the Secretary concerned develops plans
for a project to construct any facility that includes or will include
parking for covered motor vehicles, the Secretary concerned shall

H. R. 7776—621
include in any Department of Defense Form 1391, or successor
form, submitted to Congress for that project—
(1) the provision of electric vehicle charging capability at
the facility adequate to provide electrical charging, concurrently, for not less than 15 percent of all covered motor vehicles
planned to be parked at the facility;
(2) the inclusion of the cost of constructing such capability
in the overall cost of the project; and
(3) an analysis of whether a parking structure or lot will
be the primary charging area for covered motor vehicles or
if another area, such as public works or the motor pool, will
be the primary charging area.
(b) DEFINITIONS.—In this section:
(1) The term ‘‘covered motor vehicle’’ means a Federal
Government motor vehicle, including a motor vehicle leased
by the Federal Government.
(2) The term ‘‘Secretary concerned’’ means—
(A) the Secretary of a military department with respect
to facilities under the jurisdiction of that Secretary; and
(B) the Secretary of Defense with respect to matters
concerning the Defense Agencies and facilities of a reserve
component owned by a State rather than the United States.

TITLE XXIX—FALLON RANGE TRAINING
COMPLEX
Subtitle A—Fallon Range Training Complex
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

2901.
2902.
2903.
2904.
2905.
2906.
2907.
2908.

Military land withdrawal for Fallon Range Training Complex.
Numu Newe Special Management Area.
National conservation areas.
Collaboration with State and county.
Wilderness areas in Churchill County, Nevada.
Release of wilderness study areas.
Land conveyances and exchanges.
Checkerboard resolution.

Subtitle B—Lander County Economic Development and Conservation
Sec. 2911. Definitions.
PART I—LANDER COUNTY PUBLIC PURPOSE LAND CONVEYANCES
Sec. 2921. Definitions.
Sec. 2922. Conveyances to Lander County, Nevada.
PART II—LANDER COUNTY WILDERNESS AREAS
Sec. 2931. Definitions.
Sec. 2932. Designation of wilderness areas.
Sec. 2933. Release of wilderness study areas.

Subtitle A—Fallon Range Training
Complex
SEC.

2901.

MILITARY LAND WITHDRAWAL
TRAINING COMPLEX.

FOR

FALLON

RANGE

The Military Land Withdrawals Act of 2013 (Public Law 113–
66; 127 Stat. 1025) is amended by adding at the end the following:

H. R. 7776—622

‘‘Subtitle G—Fallon Range Training
Complex, Nevada
‘‘SEC. 2981. WITHDRAWAL AND RESERVATION OF PUBLIC LAND.

‘‘(a) WITHDRAWAL.—
‘‘(1) BOMBING RANGES.—Subject to valid rights in existence
on the date of enactment of this subtitle, and except as otherwise provided in this subtitle, the land established as the
B–16, B–17, B–19, and B–20 Ranges, as referred to in subsection (b), and all other areas within the boundary of such
land as depicted on the map entitled ‘Churchill County Proposed Fallon Range Training Complex Modernization and
Lands Bill’ and dated November 30, 2022, which may become
subject to the operation of the public land laws, are withdrawn
from all forms of—
‘‘(A) entry, appropriation, or disposal under the public
land laws;
‘‘(B) location, entry, and patent under the mining laws;
and
‘‘(C) disposition under all laws relating to mineral and
geothermal leasing or mineral materials.
‘‘(2) DIXIE VALLEY TRAINING AREA.—The land and interests
in land within the boundaries established at the Dixie Valley
Training Area, as referred to in subsection (b), are withdrawn
from all forms of—
‘‘(A) entry, appropriation, or disposal under the public
land laws; and
‘‘(B) location, entry, and patent under the mining laws.
‘‘(b) DESCRIPTION OF LAND.—The public land and interests in
land withdrawn and reserved by this section comprise approximately 790,825 acres of land in Churchill County, Lyon County,
Mineral County, Pershing County, and Nye County, Nevada, as
generally depicted as ‘Proposed FRTC Modernization’ and ‘Existing
Navy Withdrawal Areas’ on the map entitled ‘Churchill County
Proposed Fallon Range Training Complex Modernization and Lands
Bill’, dated November 30, 2022, and filed in accordance with section
2912. The ranges in the Fallon Range Training Complex described
in this subsection are identified as B–16, B–17, B–19, B–20, Dixie
Valley Training Area and the Shoal Site.
‘‘(c) PURPOSE OF WITHDRAWAL AND RESERVATION.—
‘‘(1) BOMBING RANGES.—The land withdrawn by subsection
(a)(1) is reserved for use by the Secretary of the Navy for—
‘‘(A) aerial testing and training, bombing, missile firing,
electronic warfare, tactical combat maneuvering, and air
support;
‘‘(B) ground combat tactical maneuvering and firing;
and
‘‘(C) other defense-related purposes that are—
‘‘(i) consistent with the purposes specified in the
preceding paragraphs; and
‘‘(ii) authorized under section 2914.
‘‘(2) DIXIE VALLEY TRAINING AREA.—The land withdrawn
by subsection (a)(2) is reserved for use by the Secretary of
the Navy for—
‘‘(A) aerial testing and training, electronic warfare, tactical combat maneuvering, and air support; and

H. R. 7776—623
‘‘(B) ground combat tactical maneuvering.
‘‘(d) INAPPLICABILITY OF GENERAL PROVISIONS.—Notwithstanding section 2911(a) and except as otherwise provided in this
subtitle, sections 2913 and 2914 shall not apply to the land withdrawn by subsection (a)(2).
‘‘SEC. 2982. MANAGEMENT OF WITHDRAWN AND RESERVED LAND.

‘‘(a) MANAGEMENT BY THE SECRETARY OF THE NAVY.—During
the duration of the withdrawal under section 2981, the Secretary
of the Navy shall manage the land withdrawn and reserved comprising the B–16, B–17, B–19, and B–20 Ranges for the purposes
described in section 2981(c)—
‘‘(1) in accordance with—
‘‘(A) an integrated natural resources management plan
prepared and implemented under title I of the Sikes Act
(16 U.S.C. 670a et seq.);
‘‘(B) a written agreement between the Secretary of
the Navy and the Governor of Nevada that provides for
a minimum of 15 days annually for big game hunting
on portions of the B–17 Range consistent with military
training requirements;
‘‘(C) a programmatic agreement between the Secretary
of the Navy and the Nevada State Historic Preservation
Officer and other parties, as appropriate, regarding
management of historic properties as the properties relate
to operation, maintenance, training, and construction at
the Fallon Range Training Complex;
‘‘(D) written agreements between the Secretary of the
Navy and affected Indian tribes and other stakeholders
to accommodate access by Indian tribes and State and
local governments to the B–16, B–17, B–19, and B–20
Ranges consistent with military training requirements and
public safety;
‘‘(E) a written agreement entered into by the Secretary
of the Navy and affected Indian tribes that provides for
regular, guaranteed access, consisting of a minimum of
4 days per month, for affected Indian tribes; and
‘‘(F) any other applicable law; and
‘‘(2) in a manner that—
‘‘(A) provides that any portion of the land withdrawn
by section 2981(a) that is located outside of the Weapons
Danger Zone, as determined by the Secretary of the Navy,
shall be relinquished to the Secretary of the Interior and
managed under all applicable public land laws;
‘‘(B) ensures that the Secretary of the Navy avoids
target placement and training within—
‘‘(i) biologically sensitive areas, as mapped in the
Record of Decision for the Fallon Range Training Complex Modernization Final Environmental Impact Statement dated March 12, 2020; and
‘‘(ii) to the maximum extent practicable, areas that
have cultural, religious, and archaeological resources
of importance to affected Indian tribes;
‘‘(C) ensures that access is provided for special events,
administrative, cultural, educational, wildlife management,
and emergency management purposes; and

H. R. 7776—624
‘‘(D) provides that within the B–17 Range the placement of air to ground ordnance targets shall be prohibited
throughout the entirety of the withdrawal in the areas
identified as the ‘Monte Cristo Range Protection Area’ on
the map entitled ‘Churchill County Proposed Fallon Range
Training Complex Modernization and Lands Bill’ and dated
November 30, 2022.
‘‘(b) MANAGEMENT BY THE SECRETARY OF THE INTERIOR.—
‘‘(1) IN GENERAL.—During the duration of the withdrawal
under section 2981, the Secretary of the Interior shall manage
the land withdrawn and reserved comprising the Dixie Valley
Training Area and the Shoal Site for the applicable purposes
described in section 2981(c) in accordance with—
‘‘(A) the Federal Land Policy and Management Act
of 1976 (43 U.S.C. 1701 et seq.);
‘‘(B) the Record of Decision for the Fallon Range
Training Complex Modernization Final Environmental
Impact Statement dated March 12, 2020;
‘‘(C) this subtitle; and
‘‘(D) any other applicable law.
‘‘(2) CONSULTATION WITH SECRETARY OF THE NAVY.—Prior
to authorizing any use of the land comprising the Dixie Valley
Training Area or Shoal Site withdrawn and reserved by section
2981, the Secretary of the Interior shall consult with the Secretary of the Navy. Such consultation shall include—
‘‘(A) informing the Secretary of the Navy of the pending
authorization request so that the Secretary of the Navy
and the Secretary of the Interior may work together to
preserve the training environment; and
‘‘(B) prior to authorizing any installation or use of
mobile or stationary equipment used to transmit and
receive radio signals, obtaining permission from the Secretary of the Navy to authorize the use of such equipment.
‘‘(3) AGREEMENT.—The Secretary of the Navy and the Secretary of the Interior shall enter into an agreement describing
the roles and responsibilities of each Secretary with respect
to the management and use of the Dixie Valley Training Area
and Shoal Site to ensure no closure of an existing county
road and no restrictions or curtailment on public access for
the duration of the withdrawal while preserving the training
environment and in accordance with this subsection.
‘‘(4) ACCESS.—The land comprising the Dixie Valley
Training Area withdrawn and reserved by section 2981(a)(2)
shall remain open for public access for the duration of the
withdrawal.
‘‘(5) AUTHORIZED USES.—Subject to applicable laws and
policy, the following uses are permitted in the Dixie Valley
Training Area for the duration of the withdrawal:
‘‘(A) Livestock grazing.
‘‘(B) Geothermal exploration and development west of
State Route 121, as managed by the Bureau of Land
Management in coordination with the Secretary of the
Navy.
‘‘(C) Exploration and development of salable minerals
or other fluid or leasable minerals, as managed by the
Bureau of Land Management in coordination with the Secretary of the Navy.

H. R. 7776—625
‘‘(6) INFRASTRUCTURE.—The Secretary of the Navy and the
Secretary of the Interior shall allow water and utility infrastructure within the Dixie Valley Training Area withdrawn by section 2981(a)(2) as described in sections 2995(a)(4) and 2996.
‘‘(c) LIMITATION ON USE OF LAND PRIOR TO COMPLETION OF
COMMITMENTS.—
‘‘(1) IN GENERAL.—The Secretary of the Navy shall not
make operational use of the expanded area of the B–16, B–
17, or B–20 Ranges, as depicted on the map entitled ‘Churchill
County Proposed Fallon Range Training Complex Modernization and Lands Bill’ and dated November 30, 2022, that were
not subject to previous withdrawals comprising the Fallon
Range Training Complex which are withdrawn and reserved
by section 2981 until the Secretary of the Navy and the Secretary of the Interior certify in writing to the Committee on
Armed Services, the Committee on Energy and Natural
Resources, and the Committee on Indian Affairs of the Senate
and the Committee on Armed Services and the Committee
on Natural Resources of the House of Representatives on the
completion of the commitments pertaining to each range from
the Record of Decision for the Fallon Range Training Complex
Modernization Final Environmental Impact Statement dated
March 12, 2020, and the provisions of this subtitle. The Secretary of the Navy and the Secretary of the Interior may
submit certifications for individual ranges to allow operational
use of a specific range prior to completion of commitments
related to other ranges.
‘‘(2) PUBLIC ACCESS.—Public access to the existing Pole
Line Road shall be maintained until completion of construction
of an alternate route as specified by section 2991(a)(2)(B).
‘‘(3) PAYMENT.—Not later than 1 year after the date of
enactment of this subtitle, subject to the availability of appropriations, from amounts appropriated to the Secretary of the
Navy for operation and maintenance, the Secretary of the Navy
shall transfer to Churchill County, Nevada, $20,000,000 for
deposit in an account designated by Churchill County, Nevada,
to resolve the loss of public access and multiple use within
Churchill County, Nevada.
‘‘SEC. 2983. ORDNANCE LANDING OUTSIDE TARGET AREAS.

‘‘The Secretary of the Navy, in the administration of an Operational Range Clearance program, shall ensure that tracked ordnance (bombs, missiles, and rockets) known to have landed outside
a target area in the B–17 and B–20 Ranges is removed within
180 days of the event and, to the extent practicable, tracked ordnance known to have landed within the Monte Cristo Range Protection Area described in section 2982(a)(2)(D) shall be removed within
45 days of the event. The Secretary of the Navy shall report to
the Fallon Range Training Complex Intergovernmental Executive
Committee directed by section 3011(a)(5) of the Military Lands
Withdrawal Act of 1999 (title XXX of Public Law 106–65; 113
Stat. 885; 134 Stat. 4349) not less frequently than annually,
instances in which ordnance land outside target areas and the
status of efforts to clear such ordnance.
‘‘SEC. 2984. RELATIONSHIP TO OTHER RESERVATIONS.

‘‘(a) B–16 AND B–20 RANGES.—To the extent the withdrawal
and reservation made by section 2981 for the B–16 and B–20

H. R. 7776—626
Ranges withdraws land currently withdrawn and reserved for use
by the Bureau of Reclamation, the reservation made by section
2981 shall be the primary reservation for public safety management
actions only, and the existing Bureau of Reclamation reservation
shall be the primary reservation for all other management actions.
The Secretary of the Navy shall enter into an agreement with
the Secretary of the Interior to ensure continued access to the
B–16 and B–20 Ranges by the Bureau of Reclamation to conduct
management activities consistent with the purposes for which the
Bureau of Reclamation withdrawal was established.
‘‘(b) SHOAL SITE.—The Secretary of Energy shall remain responsible and liable for the subsurface estate and all activities of the
Secretary of Energy at the Shoal Site withdrawn and reserved
by Public Land Order Number 2771, as amended by Public Land
Order Number 2834.
‘‘SEC. 2985. INTEGRATED NATURAL RESOURCES MANAGEMENT PLAN.

‘‘(a) PREPARATION REQUIRED.—
‘‘(1) PREPARATION; DEADLINE.—Within 2 years after the
date of enactment of this subtitle, the Secretary of the Navy
shall update the current integrated natural resources management plan for the land withdrawn and reserved by section
2981.
‘‘(2) COORDINATION.—The Secretary of the Navy shall prepare the integrated natural resources management plan in
coordination with the Secretary of the Interior, the State of
Nevada, Churchill County, Nevada, other impacted counties
in the State of Nevada, and affected Indian tribes.
‘‘(b) RESOLUTION OF CONFLICTS.—
‘‘(1) IN GENERAL.—Any disagreement among the parties
referred to in subsection (a) concerning the contents or
implementation of the integrated natural resources management plan prepared under that subsection or an amendment
to the management plan shall be resolved by the Secretary
of the Navy, the Secretary of the Interior, and the State of
Nevada, acting through—
‘‘(A) the State Director of the Nevada State Office
of the Bureau of Land Management;
‘‘(B) the Commanding Officer of Naval Air Station
Fallon, Nevada;
‘‘(C) the State Director of the Nevada Department of
Wildlife;
‘‘(D) if appropriate, the Regional Director of the Pacific
Southwest Region of the United States Fish and Wildlife
Service; and
‘‘(E) if appropriate, the Regional Director of the
Western Region of the Bureau of Indian Affairs.
‘‘(2) CONSULTATION.—Prior to the resolution of any conflict
under paragraph (1), the Secretary of the Navy shall consult
with the Intergovernmental Executive Committee in accordance
with section 3011(a)(5) of the Military Lands Withdrawal Act
of 1999 (title XXX of Public Law 106–65; 113 Stat. 885; 134
Stat. 4349).
‘‘(c) ELEMENTS OF PLAN.—Subject to subsection (b), the
integrated natural resources management plan under subsection
(a)—

H. R. 7776—627
‘‘(1) shall be prepared and implemented in accordance with
the Sikes Act (16 U.S.C. 670 et seq.);
‘‘(2) shall include provisions for—
‘‘(A) proper management and protection of the natural
resources of the land; and
‘‘(B) sustainable use by the public of such resources
to the extent consistent with the military purposes for
which the land is withdrawn and reserved;
‘‘(3) shall coordinate access with the Nevada Department
of Wildlife to manage hunting, fishing, and trapping on the
land where compatible with the military mission;
‘‘(4) shall provide for livestock grazing and agricultural
out-leasing on the land, if appropriate—
‘‘(A) in accordance with section 2667 of title 10, United
States Code; and
‘‘(B) at the discretion of the Secretary of the Navy;
‘‘(5) shall identify current test and target impact areas
and related buffer or safety zones on the land;
‘‘(6) shall provide that the Secretary of the Navy—
‘‘(A) shall take necessary actions to prevent, suppress,
manage, and rehabilitate brush and range fires occurring
on land withdrawn or owned within the Fallon Range
Training Complex and fires resulting from military activities outside the withdrawn or owned land of the Fallon
Range Training Complex; and
‘‘(B) notwithstanding section 2465 of title 10, United
States Code—
‘‘(i) may obligate funds appropriated or otherwise
available to the Secretary of the Navy to enter into
memoranda of understanding, cooperative agreements,
and contracts for fire management; and
‘‘(ii) shall reimburse the Secretary of the Interior
for costs incurred under this paragraph;
‘‘(7) shall provide that all gates, fences, and barriers constructed after the date of enactment of this subtitle shall be
designed and erected, to the maximum extent practicable and
consistent with military security, safety, and sound wildlife
management use, to allow for wildlife access;
‘‘(8) if determined appropriate by the Secretary of the Navy,
the Secretary of the Interior, and the State of Nevada after
review of any existing management plans applicable to the
land, shall incorporate the existing management plans;
‘‘(9) shall include procedures to ensure that—
‘‘(A) the periodic reviews of the integrated natural
resources management plan required by the Sikes Act (16
U.S.C. 670 et seq.) are conducted jointly by the Secretary
of the Navy, the Secretary of the Interior, and the State
of Nevada; and
‘‘(B) affected counties and affected Indian tribes and
the public are provided a meaningful opportunity to comment on any substantial revisions to the plan that may
be proposed pursuant to such a review;
‘‘(10) shall provide procedures to amend the integrated
natural resources management plan as necessary;
‘‘(11) shall allow access to, and ceremonial use of, Tribal
sacred sites to the extent consistent with the military purposes

H. R. 7776—628
for which the land is withdrawn and reserved by section
2981(a); and
‘‘(12) shall provide for timely consultation with affected
Indian tribes.
‘‘SEC. 2986. USE OF MINERAL MATERIALS.

‘‘Notwithstanding any other provision of this subtitle or of
the Act of July 31, 1947 (commonly known as the Materials Act
of 1947; 30 U.S.C. 601 et seq.), the Secretary of the Navy may
use sand, gravel, or similar mineral materials resources of the
type subject to disposition under that Act from land withdrawn
and reserved by this subtitle if use of such resources is required
for construction needs on the land.
‘‘SEC. 2987. TRIBAL ACCESS AGREEMENT AND CULTURAL RESOURCES
SURVEY.

‘‘(a) TRIBAL ACCESS AGREEMENT.—
‘‘(1) IN GENERAL.—Not later than 120 days after the date
of enactment of this subtitle, the Secretary of the Navy and
the Secretary of the Interior shall enter into an agreement
with each affected Indian tribe for the purpose of establishing
continued, regular, and timely access to the land withdrawn
and reserved by section 2981, including all land subject to
previous withdrawals under section 3011(a) of the Military
Lands Withdrawal Act of 1999 (title XXX of Public Law 106–
65; 113 Stat. 885), for cultural, religious, gathering and ceremonial uses by affected Indian tribes.
‘‘(2) ACCESS.—The Secretary of the Navy shall—
‘‘(A) provide access in accordance with the agreement
entered into under paragraph (1); and
‘‘(B) to the extent practicable and consistent with operational, safety, and security needs, seek to minimize notice
from the affected Indian tribe and chaperoning requirements for Tribal access.
‘‘(3) RESOLUTION OF CONFLICTS.—If an affected Indian tribe
provides written comments to the Secretary of the Navy or
the Secretary of the Interior proposing changes or additions
to the agreement entered into under paragraph (1) and the
proposals are not incorporated in the final agreement, the Secretary concerned shall—
‘‘(A) respond in writing to the affected Indian tribe
explaining a clear, identifiable rationale why the proposed
change was not incorporated; and
‘‘(B) share the written responses under subparagraph
(A) with the Committee on Armed Services of the House
of Representatives, the Committee on Natural Resources
of the House of Representatives, the Committee on Armed
Services of the Senate, and the Committee on Indian Affairs
of the Senate.
‘‘(b) ETHNOGRAPHIC STUDY.—The Secretary of the Navy, in
consultation with the State of Nevada and appropriate Tribal
governments, shall conduct an ethnographic study of the expanded
Fallon Range Training Complex to assess the importance of that
area to Indian tribes and the religious and cultural practices of
those Indian tribes.
‘‘(c) CULTURAL RESOURCES SURVEY.—
‘‘(1) SURVEY.—The Secretary of the Navy, after consultation
with affected Indian tribes and review of data, studies, and

H. R. 7776—629
reports in the possession of such Indian tribes, shall conduct
a cultural resources survey of the land withdrawn and reserved
by section 2981 for each of the expanded areas of the B–
16, B–17, and B–20 Ranges that were not subject to previous
surveys in support of the Record of Decision for the Fallon
Range Training Complex Modernization Final Environmental
Impact Statement dated March 12, 2020, and previous withdrawals comprising the Fallon Range Training Complex that
includes pedestrian field surveys and the inventory and identification of specific sites containing cultural, religious, and
archaeological resources of importance to affected Indian tribes.
‘‘(2) RESULTS.—Not later than 2 years after the date of
enactment of this subtitle, the Secretary of the Navy shall
provide the results of the survey conducted under paragraph
(1) to affected Indian tribes for review and comment prior
to concluding survey activities.
‘‘(3) INCLUSION IN AGREEMENT.—The agreement under subsection (a) shall include access to the specific sites identified
by the survey conducted under paragraph (1) by affected Indian
tribes, including proper disposition or protection of, and any
requested access to, any identified burial sites, in accordance
with the Native American Graves Protection and Repatriation
Act (25 U.S.C. 3001 et seq.).
‘‘(4) LIMITATION ON USE OF LAND PRIOR TO COMPLETION
OF SURVEY.—The Secretary of the Navy shall not make operational use of the expanded areas of the B–16, B–17, and
B–20 Ranges that were not subject to previous withdrawals
comprising the Fallon Range Training Complex until the date
of completion of the survey required by paragraph (1).
‘‘(d) PARTICIPATION OF AFFECTED INDIAN TRIBES.—In conducting
an ethnographic study or cultural resources survey under subsection
(b) or (c), the Secretary of the Navy shall coordinate with, and
provide for the participation of, each applicable affected Indian
tribe.
‘‘(e) AGREEMENT TO MITIGATE ADVERSE EFFECTS.—The Secretary of the Navy, the Secretary of the Interior, and affected
Indian tribes shall enter into an agreement consistent with section
306108 of title 54, United States Code, that identifies actions to
avoid, minimize, or mitigate adverse effects to sites identified in
subsection (c), including adverse effects from noise. Using the
results of surveys conducted under subsection (c), the Navy shall,
in coordination with affected Indian tribes and to the extent practicable, avoid placing targets or other range infrastructure in culturally sensitive areas. The Navy shall avoid placement of targets
in known sensitive habitat, cultural, or historic areas within the
Monte Cristo Mountains.
‘‘(f) REPORT.—Not later than 1 year after the date on which
each of the agreements required under this section have been
entered into and the survey and study required under this section
have been completed, the Secretary of the Navy and the Secretary
of the Interior shall jointly submit to Congress a report describing—
‘‘(1) the access protocols established by the agreement
under subsection (a);
‘‘(2) the results of the ethnographic study conducted under
subsection (b);
‘‘(3) the results of the cultural resources survey under
subsection (c); and

H. R. 7776—630
‘‘(4) actions to be taken to avoid, minimize, or mitigate
adverse effects to sites on the land withdrawn and reserved
by section 2981.
‘‘(g) PUBLIC AVAILABILITY.—Information concerning the nature
and specific location of a cultural resource shall be exempt from
disclosure under section 552 of title 5 and any other law unless
the Secretary of the Navy, in consultation with affected Indian
tribes, determines that disclosure would—
‘‘(1) further the purposes of this section;
‘‘(2) not create risk of harm to or theft or destruction
of the cultural resource or the site containing the cultural
resource; and
‘‘(3) be in accordance with other applicable laws.’’.
‘‘SEC. 2988. RESOLUTION OF WALKER RIVER PAIUTE TRIBE CLAIMS.

‘‘(a) PAYMENT TO TRIBE.—Not later than 1 year after the date
of enactment of this subtitle and subject to the availability of
appropriations, the Secretary of the Navy shall transfer $20,000,000
of amounts appropriated to the Secretary of the Navy for operation
and maintenance to an account designated by the Walker River
Paiute Tribe (referred to in this section as the ‘Tribe’) to resolve
the claims of the Tribe against the United States for the contamination, impairment, and loss of use of approximately 6,000 acres
of land that is within the boundaries of the reservation of the
Tribe.
‘‘(b) LIMITATION ON USE OF LAND PRIOR TO COMPLETION OF
PAYMENT.—The Secretary of the Navy shall not make operational
use of the expanded areas of the B–16, B–17, and B–20 Ranges
that were not subject to previous withdrawals comprising the Fallon
Range Training Complex and that are withdrawn and reserved
by section 2981 until the date on which the amount is transferred
under subsection (a).
‘‘(c) ADDITIONAL TRUST LAND.—
‘‘(1) ENVIRONMENTAL SITE ASSESSMENT.—Not later than 1
year after the date of enactment of this subtitle and prior
to taking the land described in paragraph (4) into trust for
the benefit of the Tribe under paragraph (3)(A), the Director
of the Bureau of Indian Affairs (referred to in this subsection
as the ‘Director’) shall complete an environmental site assessment to determine with respect to the land—
‘‘(A) the likelihood of the presence of hazardous substance-related or other environmental liability; and
‘‘(B) if the Director determines the presence of hazardous substance-related or other environmental liability
is likely under subparagraph (A)—
‘‘(i) the extent of the contamination caused by such
hazardous substance or other environmental liability;
and
‘‘(ii) whether that liability can be remediated by
the United States.
‘‘(2) CONTAMINATED LAND.—
‘‘(A) IN GENERAL.—If the Director determines pursuant
to the environmental site assessment completed under
paragraph (1) that there is a likelihood of the presence
of hazardous substance-related or other environmental
liability on the land described in paragraph (4), the Director

H. R. 7776—631
shall consult with the Tribe on whether the land is still
suitable for transfer into trust for the benefit of the Tribe.
‘‘(B) DETERMINATION.—If the Tribe determines land
identified as contaminated under subparagraph (A) is still
suitable to take into trust for the benefit of the Tribe,
the Director, notwithstanding any other provision of law,
shall take the land into trust for the benefit of the Tribe
in accordance with paragraph (3).
‘‘(3) LAND TO BE HELD IN TRUST FOR THE TRIBE; IDENTIFICATION OF ALTERNATIVE LAND.—
‘‘(A) IN GENERAL.—If the Tribe determines pursuant
to paragraph (2) that the land described in paragraph
(4) should be taken into trust for the benefit of the Tribe
(including if such land is determined to be contaminated),
subject to valid existing rights, all right, title, and interest
of the United States in and to the land shall be—
‘‘(i) held in trust by the United States for the
benefit of the Tribe; and
‘‘(ii) made part of the existing reservation of the
Tribe.
‘‘(B) IDENTIFICATION OF SUITABLE AND COMPARABLE
ALTERNATIVE LAND.—If the Tribe determines pursuant to
paragraph (2), due to discovered environmental issues that
the land described in paragraph (4) is not suitable to be
taken into trust for the benefit of the Tribe, not later
than 1 year after the date on which the Tribe makes
that determination, the Director and the Tribe shall enter
into an agreement to identify suitable and comparable
alternative land in relative distance and located in the
same county as the land described in paragraph (4) to
be withdrawn from Federal use and taken into trust for
the benefit of the Tribe.
‘‘(C) ENVIRONMENTAL LIABILITY.—
‘‘(i) IN GENERAL.—Notwithstanding any other
provision of law, the United States shall not be liable
for any soil, surface water, groundwater, or other
contamination resulting from the disposal, release, or
presence of any environmental contamination on any
portion of the land described in paragraph (4) that
occurred on or before the date on which the land was
taken into trust for the benefit of the Tribe. The United
States shall not fund or take any action to remediate
such land after such land has been so taken into trust.
‘‘(ii) ENVIRONMENTAL CONTAMINATION DESCRIPTION.—An environmental contamination described in
clause (i) includes any oil or petroleum products, hazardous substances, hazardous materials, hazardous
waste, pollutants, toxic substances, solid waste, or any
other environmental contamination or hazard as
defined in any Federal law or law of the State of
Nevada.
‘‘(4) LAND DESCRIBED.—Subject to paragraph (5), the land
to be held in trust for the benefit of the Tribe under paragraph
(3)(A) is the approximately 8,170 acres of Bureau of Land
Management and Bureau of Reclamation land located in
Churchill and Mineral Counties, Nevada, as generally depicted

H. R. 7776—632
on the map entitled ‘Walker River Paiute Trust Lands’ and
dated April 19, 2022, and more particularly described as follows:
‘‘(A) FERNLEY EAST PARCEL.—The following land in
Churchill County, Nevada:
‘‘(i) All land held by the Bureau of Reclamation
in T. 20 N., R. 26 E., sec. 28, Mount Diablo Meridian.
‘‘(ii) All land held by the Bureau of Reclamation
in T. 20 N., R. 26 E., sec. 36, Mount Diablo Meridian.
‘‘(B) WALKER LAKE PARCEL.—The following land in Mineral County, Nevada:
‘‘(i) All land held by the Bureau of Land Management in T. 11 N., R. 29 E., secs. 35 and 36, Mount
Diablo Meridian.
‘‘(ii) All land held by the Bureau of Reclamation
in T. 10 N., R. 30 E., secs. 4, 5, 6, 8, 9, 16, 17,
20, 21, 28, 29, 32, and 33, Mount Diablo Meridian.
‘‘(iii) All land held by the Bureau of Land Management in T. 10.5 N., R. 30 E., secs. 31 and 32, Mount
Diablo Meridian.
‘‘(5) ADMINISTRATION.—
‘‘(A) SURVEY.—Not later than 180 days after the date
of enactment of this subtitle, the Secretary of the Interior
(referred to in this paragraph as the ‘Secretary’) shall complete a survey to fully describe, and adequately define
the boundaries of, the land described in paragraph (4).
‘‘(B) LEGAL DESCRIPTION.—
‘‘(i) IN GENERAL.—Upon completion of the survey
required under subparagraph (A), the Secretary shall
publish in the Federal Register a legal description
of the land described in paragraph (4).
‘‘(ii) TECHNICAL CORRECTIONS.—Before the date of
publication of the legal description under this subparagraph, the Secretary may correct any technical or clerical errors in the legal description as the Secretary
determines appropriate.
‘‘(iii) EFFECT.—Effective beginning on the date of
publication of the legal description under this subparagraph, the legal description shall be considered to be
the official legal description of the land to be held
in trust for the benefit of the Tribe under paragraph
(3)(A).
‘‘(6) USE OF TRUST LAND.—The land taken into trust under
paragraph (3)(A) shall not be eligible, or considered to have
been taken into trust, for class II gaming or class III gaming
(as those terms are defined in section 4 of the Indian Gaming
Regulatory Act (25 U.S.C. 2703)).
‘‘(d) ELIGIBILITY FOR FEDERAL AND FEDERALLY FUNDED PROGRAMS.—Funds paid to the Tribe pursuant to this section, including
any interest or investment income earned, may not be treated
as income or resources or otherwise used as the basis for denying
or reducing the basis for Federal financial assistance or other
Federal benefit (including under the Social Security Act (42 U.S.C.
301 et seq.)) to which the Tribe, a member of the Tribe, or a
household would otherwise be entitled.

H. R. 7776—633
‘‘SEC. 2989. LAND TO BE HELD IN TRUST FOR THE FALLON PAIUTE
SHOSHONE TRIBE.

‘‘(a) LAND TO BE HELD IN TRUST.—
‘‘(1) IN GENERAL.—Subject to valid existing rights, all right,
title, and interest of the United States in and to the land
described in paragraph (2) shall be—
‘‘(A) held in trust by the United States for the benefit
of the Fallon Paiute Shoshone Tribe; and
‘‘(B) made part of the reservation of the Fallon Paiute
Shoshone Tribe.
‘‘(2) DESCRIPTION OF LAND.—The land referred to in paragraph (1) is the approximately 10,000 acres of land administered by the Bureau of Land Management and the Bureau
of Reclamation, as generally depicted as ‘Reservation Expansion
Land’ on the map entitled ‘Churchill County Proposed Fallon
Range Training Complex Modernization and Lands Bill’ and
dated November 30, 2022.
‘‘(3) SURVEY.—Not later than 180 days after the date of
enactment of this subtitle, the Secretary of the Interior shall
complete a survey of the boundary lines to establish the boundaries of the land taken into trust under paragraph (1).
‘‘(4) USE OF TRUST LAND.—The land taken into trust under
this section shall not be eligible, or considered to have been
taken into trust, for class II gaming or class III gaming (as
those terms are defined in section 4 of the Indian Gaming
Regulatory Act (25 U.S.C. 2703)).
‘‘(5) COOPERATIVE AGREEMENT.—On request by the Fallon
Paiute Shoshone Tribe, the Secretary of the Interior shall enter
into a cooperative agreement with the Fallon Paiute Shoshone
Tribe to provide assistance in the management of the land
taken into trust under this section for cultural protection and
conservation management purposes.
‘‘SEC. 2990. NUMU NEWE CULTURAL CENTER.

‘‘(a) IN GENERAL.—Subject to the availability of appropriations
from amounts appropriated to the Secretary of the Navy for operation and maintenance, the Secretary of the Navy shall provide
financial assistance to a cultural center established and operated
by the Fallon Paiute Shoshone Tribe and located on the Reservation
of the Fallon Paiute Shoshone Tribe, the purpose of which is to
help sustain Numu Newe knowledge, culture, language, and identity
associated with aboriginal land and traditional ways of life for
the Fallon Paiute Shoshone Tribe and other affected Indian tribes
(referred to in this section as the ‘Center’).
‘‘(b) STUDIES AND INVENTORIES.—The Center shall integrate
information developed in the cultural resources inventories and
ethnographic studies carried out under section 2987.
‘‘(c) TRANSFER.—Not later than 1 year after the date of enactment of this subtitle and subject to the availability of appropriations, the Secretary of the Navy shall transfer to an account designated by the Fallon Paiute Shoshone Tribe—
‘‘(1) $10,000,000 for the development and construction of
the Center; and
‘‘(2) $10,000,000 to endow operations of the Center.
‘‘(d) LIMITATION ON USE OF LAND PRIOR TO COMPLETION OF
PAYMENT.—The Secretary of the Navy shall not make operational
use of the expanded areas of the B–16, B–17, and B–20 Ranges

H. R. 7776—634
that were not subject to previous withdrawals comprising the Fallon
Range Training Complex and that are withdrawn and reserved
by section 2981 until the date on which the amounts are transferred
under subsection (c).
‘‘SEC. 2991. ROAD RECONSTRUCTION AND TREATMENT OF EXISTING
ROADS AND RIGHTS-OF-WAY.

‘‘(a) ROAD RECONSTRUCTION.—Subject to the availability of
appropriations, the Secretary of the Navy shall be responsible for
the timely—
‘‘(1) reconstruction of—
‘‘(A) Lone Tree Road leading to the B–16 Range; and
‘‘(B) State Highway 361; and
‘‘(2) relocation of—
‘‘(A) Sand Canyon and Red Mountain Roads, consistent
with alternative 2A, as described in the Final FRTC Road
Realignment Study dated March 14, 2022; and
‘‘(B) Pole Line Road, consistent with alternative 3B,
as described in the Final FRTC Road Realignment Study
dated March 14, 2022.
‘‘(b) LIMITATION ON USE OF LAND PRIOR TO COMPLETION OF
REQUIREMENTS.—In accordance with section 2982(c)(1), the Secretary of the Navy shall not make operational use of the expanded
areas of the B–16, B–17, and B–20 Ranges that were not subject
to previous withdrawals comprising the Fallon Range Training Complex and that are withdrawn and reserved by section 2981 until
the date on which the Secretary of the Navy determines that
each of the requirements of subsection (a) have been met.
‘‘(c) EXISTING ROADS AND RIGHTS-OF-WAY; ACCESS.—
‘‘(1) IN GENERAL.—The withdrawal and reservation of land
made by section 2981 shall not be construed to affect the
following roads and associated rights-of-way:
‘‘(A) United States Highways 50 and 95.
‘‘(B) State Routes 121 and 839.
‘‘(C) The Churchill County, Nevada, roads identified
as Simpson Road, East County Road, Earthquake Fault
Road, and Fairview Peak Road.
‘‘(2) ACCESS.—Any road identified on the map described
in section 2981(b) as an existing minor county road shall be
available for managed access consistent with the purposes of
the withdrawal.
‘‘(d) NEW RIGHTS-OF-WAY.—The Secretary of the Navy, in
coordination with the Secretary of the Interior, shall be responsible
for the timely grant of new rights-of-way for Sand Canyon and
Red Mountain Road, Pole Line Road, and East County Road to
the appropriate County.
‘‘(e) I–11 CORRIDORS.—The Secretary of the Interior shall manage the land located within the ‘Churchill County Preferred I–
11 Corridor’ and ‘NDOT I–11 Corridor’ as depicted on the map
entitled ‘Churchill County Proposed Fallon Range Training Complex
Modernization and Lands Bill’ and dated November 30, 2022, in
accordance with this section.
‘‘(f) PUBLIC AVAILABILITY OF MAP.—A copy of the map described
in section 2981(b) shall be on file and available for public inspection
in the appropriate offices of the Bureau of Land Management.
‘‘(g) WITHDRAWAL OF LAND.—Subject to any valid rights in
existence on the date of enactment of this subtitle, the land located

H. R. 7776—635
within the corridors depicted as ‘Utility and Infrastructure Corridors’ on the map entitled ‘Churchill County Proposed Fallon Range
Training Complex Modernization and Lands Bill’ and dated
November 30, 2022, is withdrawn from—
‘‘(1) location and entry under the mining laws; and
‘‘(2) disposition under all laws pertaining to mineral and
geothermal leasing or mineral materials.
‘‘(h) TERMINATION OF WITHDRAWAL.—A withdrawal under subsection (g) shall terminate on the date on which—
‘‘(1) the Secretary of the Interior, in coordination with
Churchill County, Nevada, terminates the withdrawal; or
‘‘(2) the applicable corridor or land is patented.
‘‘(i) REVISED STATUTES SECTION 2477 CLAIMS.—The withdrawal
and reservation of land by section 2981 shall not affect the ability
of Churchill County, Nevada, to seek adjudication of claims under
section 2477 of the Revised Statutes (43 U.S.C. 932), as in effect
prior to being repealed by section 706(a) of the Federal Land Policy
and Management Act of 1976 (Public Law 94–579; 90 Stat. 2793).
‘‘(j) TREATMENT OF THE WEST-WIDE ENERGY CORRIDOR.—
‘‘(1) IN GENERAL.—Nothing in section 2981 shall be construed to restrict the development of high voltage electrical
power utility lines within the portion of the designated WestWide Energy Corridor that is located outside of the B–16 Range.
‘‘(2) TRANSMISSION LINE.—The Secretary of the Navy shall
allow 1 transmission line within that portion of the designated
West-Wide Energy Corridor that is located within the B–16
Range nearest the existing transmission line adjacent to the
western boundary of the B–16 Range.
‘‘(3) FUTURE TRANSMISSION LINE.—If the Secretary of the
Navy and the Secretary of the Interior determine that additional transmission lines cannot be accommodated outside of
the B–16 Range, to the extent practicable, the Secretary of
the Navy shall allow the construction of a new transmission
line as close as practicable to the existing transmission line.
‘‘SEC. 2992. SAGE GROUSE STUDY.

‘‘(a) IN GENERAL.—The Secretary of the Navy, in consultation
with the Secretary of the Interior and the State of Nevada, shall
conduct a study to further assess greater sage grouse reactions
to military overflights within the Fallon Range Training Complex.
‘‘(b) DETERMINATION.—If the Secretary of the Navy determines
under the study under subsection (a) that greater sage grouse
in the Fallon Range Training Complex are significantly impacted
by aircraft overflights, the Secretary of the Navy shall implement
adaptive management activities, in coordination with the State
of Nevada and the United States Fish and Wildlife Service.
‘‘SEC. 2993. TREATMENT OF LIVESTOCK GRAZING PERMITS.

‘‘(a) IN GENERAL.—The Secretary of the Navy shall notify
holders of grazing allotments impacted by the withdrawal and
reservation of land by section 2981 and, if practicable, assist the
holders of the grazing allotments in obtaining replacement forage.
‘‘(b) REVISIONS TO ALLOTMENT PLANS.—The Secretary of the
Navy shall reimburse the Secretary of the Interior for grazing
program-related administrative costs reasonably incurred by the
Bureau of Land Management due to the withdrawal and reservation
of land by section 2981.

H. R. 7776—636
‘‘(c) ALTERNATIVE TO REPLACEMENT FORAGE.—If replacement
forage cannot be identified under subsection (a), the Secretary of
the Navy shall make full and complete payments to Federal grazing
permit holders for all losses suffered by the permit holders as
a result of the withdrawal or other use of former Federal grazing
land for national defense purposes pursuant to the Act of June
28, 1934 (commonly known as the ‘Taylor Grazing Act’) (48 Stat.
1269, chapter 865; 43 U.S.C. 315 et seq.).
‘‘(d) NOTIFICATION AND PAYMENT.—The Secretary of the Navy
shall—
‘‘(1) notify, by certified mail, holders of grazing allotments
that are terminated; and
‘‘(2) compensate the holders of grazing allotments described
in paragraph (1) for authorized permanent improvements associated with the allotments.
‘‘(e) PAYMENT.—For purposes of calculating and making a payment to a Federal grazing permit holder under this section
(including the conduct of any appraisals required to calculate the
amount of the payment)—
‘‘(1) the Secretary of the Navy shall consider the permanent
loss of the applicable Federal grazing permit; and
‘‘(2) the amount of the payment shall not be limited to
the remaining term of the existing Federal grazing permit.
‘‘SEC. 2994. TRANSFER OF LAND UNDER THE ADMINISTRATIVE JURISDICTION OF THE DEPARTMENT OF THE NAVY.

‘‘(a) TRANSFER REQUIRED.—Subject to subsection (b), the Secretary of the Navy shall transfer to the Secretary of the Interior,
at no cost, administrative jurisdiction of the approximately 86 acres
of a noncontiguous parcel of land as depicted on the map entitled
‘Churchill County Proposed Fallon Range Training Complex Modernization and Lands Bill’ and dated November 30, 2022, acquired
by the Department of the Navy in Churchill County, Nevada, for
inclusion in the Sand Mountain Recreation Area.
‘‘(b) CERTIFICATION WITH RESPECT TO ENVIRONMENTAL HAZARDS.—Prior to transferring land under subsection (a), the Secretary
of the Navy shall certify that the land to be transferred under
that subsection is free from environmental hazards.
‘‘SEC. 2995. REDUCTION OF IMPACT OF FALLON RANGE TRAINING COMPLEX MODERNIZATION.

‘‘(a) IN GENERAL.—Consistent with the Record of Decision for
the Fallon Range Training Complex Modernization Final Environmental Impact Statement dated March 12, 2020, the Secretary
of the Navy shall carry out the following additional mitigations
and other measures not otherwise included in other sections of
this Act to reduce the impact of the modernization of the Fallon
Range Training Complex by the Secretary of the Navy on the
land and local community:
‘‘(1) Develop Memoranda of Agreement or other binding
protocols, in coordination with agencies, affected Indian tribes,
and other stakeholders, for—
‘‘(A) management of that portion of Bureau of Reclamation infrastructure in the B–16 and B–20 Ranges that
will be closed to public access but will continue to be
managed for flood control; and

H. R. 7776—637
‘‘(B) access for research, resource management, and
other activities within the B–16, B–17, B–19, and B–20
Ranges.
‘‘(2) Establish wildlife-friendly configured four-wire fencing,
on coordination with the Nevada Department of Wildlife, to
restrict access to the smallest possible area necessary to ensure
public safety and to minimize impacts on wildlife from fencing.
‘‘(3) Subject to the availability of appropriations—
‘‘(A) purchase the impacted portion of the Great Basin
Transmission Company (formerly named the ‘Paiute Pipeline Company’) pipeline within the B–17 Range; and
‘‘(B) pay for the relocation of the pipeline acquired
under subparagraph (A) to a location south of the B–
17 Range.
‘‘(4) Accommodate permitting and construction of additional
utility and infrastructure projects within 3 corridors running
parallel to the existing north-south power line in proximity
to Nevada Route 121, existing east-west power line north of
Highway 50, and the area immediately north of Highway 50
as shown on the map entitled ‘Churchill County Proposed
Fallon Range Training Complex Modernization and Lands Bill’
and dated November 30, 2022, subject to the requirement that
any project authorized under this paragraph shall complete
appropriate Federal and State permitting requirements prior
to the accommodation under this paragraph.
‘‘(5)(A) Notify holders of mining claims impacted by the
modernization by certified mail.
‘‘(B) Make payments to the holders of mining claims
described in subparagraph (A), subject to the availability
of appropriations.
‘‘(6) Allow a right-of-way to accommodate I–11 (which could
also include a transmission line) if a route is chosen by
Churchill County, Nevada, or the State of Nevada that overlaps
the northeast corner of the withdrawal area for the B–16 Range.
‘‘(7) Revise the applicable range operations manual—
‘‘(A) to include Crescent Valley and Eureka as noisesensitive areas; and
‘‘(B) to implement a 5-nautical-mile buffer around the
towns of Crescent Valley and Eureka.
‘‘(8) Implement a 3-nautical-mile airspace exclusion zone
over the Gabbs, Eureka, and Crescent Valley airports.
‘‘(9) Extend the Visual Flight Rules airspace corridor
through the newly established Military Operations Areas on
the east side of the Dixie Valley Training Area.
‘‘(10) Notify affected water rights holders by certified mail
and, if water rights are adversely affected by the modernization
and cannot be otherwise mitigated, acquire existing and valid
State water rights.
‘‘(11) Allow Nevada Department of Wildlife access for spring
and wildlife guzzler monitoring and maintenance.
‘‘(12) Implement management practices and mitigation
measures specifically designed to reduce or avoid potential
impacts on surface water and groundwater, such as placing
targets outside of washes.

H. R. 7776—638
‘‘(13) Develop and implement a wildland fire management
plan with the State of Nevada to ensure wildland fire prevention, suppression, and restoration activities are addressed, as
appropriate, for the entire expanded range complex.
‘‘(14) To the maximum extent practicable and if compatible
with mission training requirements, avoid placing targets in
biologically sensitive areas identified by the Nevada Department of Wildlife.
‘‘(15) Fund 2 conservation law enforcement officer positions
at Naval Air Station Fallon.
‘‘(16) Post signs warning the public of any contamination,
harm, or risk associated with entry into the withdrawal land.
‘‘(17) Enter into an agreement for compensation from the
Secretary of the Navy to Churchill County, Nevada, and the
counties of Lyon, Nye, Mineral, and Pershing in the State
of Nevada to offset any reductions made in payments in lieu
of taxes.
‘‘(18) Review, in consultation with affected Indian tribes,
and disclose any impacts caused by the activities of the Secretary of the Navy at Fox Peak, Medicine Rock, and Fairview
Mountain.
‘‘(19) Consult with affected Indian tribes to mitigate, to
the maximum extent practicable, any impacts disclosed under
paragraph (18).
‘‘(b) LIMITATION ON USE OF LAND PRIOR TO COMPLETION OF
REQUIREMENTS.—In accordance with section 2982(c)(1), the Secretary of the Navy shall not make operational use of the expanded
areas of the B–16, B–17, and B–20 Ranges that were not subject
to previous withdrawals comprising the Fallon Range Training Complex and that are withdrawn and reserved by section 2981 until
the date on which the Secretary of the Navy determines that
each of the requirements of subsection (a) have been met.
‘‘SEC. 2996. DIXIE VALLEY WATER PROJECT.

‘‘(a) CONTINUATION OF PROJECT.—The withdrawal of land
authorized by section 2981(a)(2) shall not interfere with the
Churchill County Dixie Valley Water Project.
‘‘(b) PERMITTING.—On application by Churchill County, Nevada,
the Secretary of the Navy shall concur with the Churchill County
Dixie Valley Water Project and, in collaboration with the Secretary
of the Interior, complete any permitting necessary for the Dixie
Valley Water Project, subject to the public land laws and environmental review, including regulations.
‘‘(c) COMPENSATION.—Subject to the availability of appropriations, the Secretary of the Navy shall compensate Churchill County,
Nevada, for any cost increases for the Dixie Valley Water Project
that result from any design features required by the Secretary
of the Navy to be included in the Dixie Valley Water Project.
‘‘SEC. 2997. EXPANSION OF INTERGOVERNMENTAL EXECUTIVE COMMITTEE ON JOINT USE BY DEPARTMENT OF THE NAVY
AND DEPARTMENT OF THE INTERIOR OF FALLON RANGE
TRAINING COMPLEX.

‘‘The Secretary of the Navy and the Secretary of the Interior
shall expand the membership of the Fallon Range Training Complex
Intergovernmental Executive Committee directed by section
3011(a)(5) of the Military Lands Withdrawal Act of 1999 (title
XXX of Public Law 106–65; 113 Stat. 885; 134 Stat. 4349) relating

H. R. 7776—639
to the management of the natural and cultural resources of the
withdrawal land to include representatives of Eureka County,
Nevada, the Nevada Department of Agriculture, and the Nevada
Division of Minerals.
‘‘SEC. 2998. TRIBAL LIAISON OFFICE.

‘‘The Secretary of the Navy shall establish and maintain a
dedicated Tribal liaison position at Naval Air Station Fallon.
‘‘SEC. 2999. TERMINATION OF PRIOR WITHDRAWAL.

‘‘Notwithstanding section 2842 of the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year
2021 (Public Law 116–283) and section 3015 of the Military Lands
Withdrawal Act of 1999 (title XXX of Public Law 106–65), the
withdrawal and reservation under section 3011(a) of that Act is
terminated.
‘‘SEC. 2999A. DURATION OF WITHDRAWAL AND RESERVATION.

‘‘The withdrawal and reservation of public land by section 2981
shall terminate on November 6, 2047.’’.
SEC. 2902. NUMU NEWE SPECIAL MANAGEMENT AREA.

(a) DEFINITIONS.—In this section:
(1) MANAGEMENT PLAN.—The term ‘‘management plan’’
means the management plan for the Special Management Area
developed under subsection (d).
(2) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of the Interior.
(3) SPECIAL MANAGEMENT AREA.—The term ‘‘Special
Management Area’’ means the Numu Newe Special Management Area established by subsection (b).
(b) ESTABLISHMENT.—To protect, conserve, and enhance the
unique and nationally important historic, cultural, archaeological,
natural, and educational resources of the Numu Newe traditional
homeland, subject to valid existing rights, there is established in
Churchill and Mineral Counties, Nevada, the Numu Newe Special
Management Area, to be administered by the Secretary.
(c) AREA INCLUDED.—The Special Management Area shall consist of the approximately 217,845 acres of public land in Churchill
and Mineral Counties, Nevada, administered by the Bureau of
Land Management, as depicted on the map entitled ‘‘Churchill
County Proposed Fallon Range Training Complex Modernization
and Lands Bill’’ and dated November 30, 2022.
(d) MANAGEMENT PLAN.—
(1) IN GENERAL.—Not later than 2 years after the date
of enactment of this Act, the Secretary shall develop a comprehensive management plan for the long-term management
of the Special Management Area.
(2) CONSULTATION.—In developing and implementing the
management plan, the Secretary shall consult with—
(A) appropriate Federal, Tribal, State, and local governmental entities; and
(B) interested members of the public.
(3) REQUIREMENTS.—The management plan shall—
(A) describe the appropriate uses of the Special
Management Area;
(B) with respect to any land within the Special Management Area that is withdrawn and reserved for military

H. R. 7776—640
uses, ensure that management of the Special Management
Area is consistent with the purposes under section
2981(c)(2) of the Military Land Withdrawals Act of 2013
(as added by section 2901 of this title) for which the land
is withdrawn and reserved;
(C) authorize the use of motor vehicles in the Special
Management Area, where appropriate, including providing
for the maintenance of existing roads;
(D) incorporate any provision of an applicable land
and resource management plan that the Secretary considers to be appropriate;
(E) ensure, to the maximum extent practicable, the
protection and preservation of traditional cultural and religious sites within the Special Management Area;
(F) to the maximum extent practicable, carefully and
fully integrate the traditional and historical knowledge and
special expertise of the Fallon Paiute Shoshone Tribe and
other affected Indian tribes;
(G) consistent with subparagraph (D), ensure public
access to Federal land within the Special Management
Area for hunting, fishing, and other recreational purposes;
(H) not affect the allocation, ownership, interest, or
control, as in existence on the date of enactment of this
Act, of any water, water right, or any other valid existing
right; and
(I) be reviewed not less frequently than annually by
the Secretary to ensure the management plan is meeting
the requirements of this section.
(e) MILITARY OVERFLIGHTS.—Nothing in this section restricts
or precludes—
(1) low-level overflights of military aircraft over the Special
Management Area, including military overflights that can be
seen or heard within the Special Management Area;
(2) flight testing and evaluation; or
(3) the designation or creation of new units of special
use airspace, or the establishment of military flight training
routes, over the Special Management Area.
SEC. 2903. NATIONAL CONSERVATION AREAS.

(a) NUMUNAA NOBE NATIONAL CONSERVATION AREA.—
(1) DEFINITIONS.—In this subsection:
(A) CONSERVATION AREA.—The term ‘‘Conservation
Area’’ means the Numunaa Nobe National Conservation
Area established by paragraph (2).
(B) MANAGEMENT PLAN.—The term ‘‘management plan’’
means the management plan for the Conservation Area
developed under paragraph (3)(B).
(C) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of the Interior.
(2) ESTABLISHMENT.—

H. R. 7776—641
(A) IN GENERAL.—To conserve, protect, and enhance
for the benefit and enjoyment of present and future generations the cultural, archaeological, natural, wilderness, scientific, geological, historical, biological, wildlife, educational, recreational, and scenic resources of the Conservation Area, subject to valid existing rights, there is established the Numunaa Nobe National Conservation Area in
the State of Nevada, to be administered by the Secretary.
(B) AREA INCLUDED.—
(i) IN GENERAL.—The Conservation Area shall consist of approximately 160,224 acres of public land in
Churchill County, Nevada, as generally depicted on
the map entitled ‘‘Churchill County Proposed Fallon
Range Training Complex Modernization and Lands
Bill’’ and dated November 30, 2022.
(ii) AVAILABILITY OF MAP.—The map described in
clause (i) shall be on file and available for public inspection in the appropriate offices of the Bureau of Land
Management.
(3) MANAGEMENT.—
(A) IN GENERAL.—The Secretary shall administer the
Conservation Area in a manner that conserves, protects,
and enhances the resources of the Conservation Area—
(i) in accordance with—
(I) this subsection;
(II) the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1701 et seq.); and
(III) any other applicable law; and
(ii) as a component of the National Landscape
Conservation System.
(B) MANAGEMENT PLAN.—
(i) IN GENERAL.—Not later than 2 years after the
date of enactment of this Act, the Secretary shall
develop a management plan for the Conservation Area.
(ii) CONSULTATION.—In developing the management plan, the Secretary shall consult with—
(I) appropriate Federal, State, Tribal, and local
governmental entities; and
(II) members of the public.
(iii) REQUIREMENTS.—The management plan
shall—
(I) describe the appropriate uses of the Conservation Area;
(II) in accordance with paragraph (5),
authorize the use of motor vehicles in the Conservation Area, where appropriate, including for
the maintenance of existing roads; and
(III) incorporate any provision of an applicable
land and resource management plan that the Secretary considers to be appropriate, to include the
Search and Rescue Training Cooperative Agreement between the Bureau of Land Management
and the Naval Strike and Air Warfare Training
Center dated July 6, 1998, and the Carson City
District BLM Administrative Guide to Military
Activities on and Over the Public Lands dated
January 25, 2012.

H. R. 7776—642
(4) USES.—The Secretary shall allow only those uses of
the Conservation Area that the Secretary determines would
further the purposes of the Conservation Area.
(5) MOTORIZED VEHICLES.—Except as needed for administrative purposes, planned military activities authorized by paragraph (3)(B)(iii)(III), or to respond to an emergency, the use
of motorized vehicles in the Conservation Area shall be permitted only on roads and trails designated for the use of motorized vehicles by the management plan.
(6) WITHDRAWAL.—
(A) IN GENERAL.—Subject to valid existing rights, all
public land in the Conservation Area is withdrawn from—
(i) all forms of entry, appropriation, and disposal
under the public land laws;
(ii) location, entry, and patent under the mining
laws; and
(iii) disposition under all laws relating to mineral
and geothermal leasing or mineral materials.
(B) ADDITIONAL LAND.—If the Secretary acquires mineral or other interests in a parcel of land within the Conservation Area after the date of enactment of this Act,
the parcel is withdrawn from operation of the laws referred
to in subparagraph (A) on the date of acquisition of the
parcel.
(7) HUNTING, FISHING, AND TRAPPING.—
(A) IN GENERAL.—Subject to subparagraph (B), nothing
in this subsection affects the jurisdiction of the State of
Nevada with respect to fish and wildlife, including hunting,
fishing, and trapping in the Conservation Area.
(B) LIMITATIONS.—
(i) REGULATIONS.—The Secretary may designate
by regulation areas in which, and establish periods
during which, no hunting, fishing, or trapping will
be permitted in the Conservation Area, for reasons
of public safety, administration, or compliance with
applicable laws.
(ii) CONSULTATION REQUIRED.—Except in an emergency, the Secretary shall consult with the appropriate
State agency and notify the public before taking any
action under clause (i).
(8) GRAZING.—In the case of land included in the Conservation Area on which the Secretary permitted, as of the date
of enactment of this Act, livestock grazing, the livestock grazing
shall be allowed to continue, subject to applicable laws
(including regulations).
(9) NO BUFFER ZONES.—
(A) IN GENERAL.—Nothing in this subsection creates
a protective perimeter or buffer zone around the Conservation Area.
(B) ACTIVITIES OUTSIDE CONSERVATION AREA.—The fact
that an activity or use on land outside the Conservation
Area can be seen or heard within the Conservation Area
shall not preclude the activity or use outside the boundary
of the Conservation Area.
(10) MILITARY OVERFLIGHTS.—Nothing in this subsection
restricts or precludes—

H. R. 7776—643
(A) low-level overflights of military aircraft over the
Conservation Area, including military overflights that can
be seen or heard within the Conservation Area;
(B) flight testing and evaluation; or
(C) the designation or creation of new units of special
use airspace, or the establishment of military flight training
routes, over the Conservation Area.
(10) EFFECT ON WATER RIGHTS.—Nothing in this subsection
constitutes an express or implied reservation of any water
rights with respect to the Conservation Area.
(b) PISTONE-BLACK MOUNTAIN NATIONAL CONSERVATION
AREA.—
(1) DEFINITIONS.—In this subsection:
(A) CONSERVATION AREA.—The term ‘‘Conservation
Area’’ means the Pistone-Black Mountain National Conservation Area established by paragraph (2)(A).
(B) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of the Interior.
(C) TRIBE.—The term ‘‘Tribe’’ means the Walker River
Paiute Tribe.
(2) ESTABLISHMENT.—
(A) IN GENERAL.—To protect, conserve, and enhance
the unique and nationally important historic, cultural,
archaeological, natural, and educational resources of the
Pistone Site on Black Mountain, subject to valid existing
rights, there is established in Mineral County, Nevada,
the Pistone-Black Mountain National Conservation Area.
(B) AREA INCLUDED.—
(i) IN GENERAL.—The Conservation Area shall consist of the approximately 3,415 acres of public land
in Mineral County, Nevada, administered by the
Bureau of Land Management, as depicted on the map
entitled ‘‘Black Mountain/Pistone Archaeological District’’ and dated May 12, 2020.
(ii) AVAILABILITY OF MAP.—The map described in
clause (i) shall be on file and available for public inspection in the appropriate offices of the Bureau of Land
Management.
(3) MANAGEMENT.—
(A) IN GENERAL.—The Secretary shall manage the Conservation Area—
(i) in a manner that conserves, protects, and
enhances the resources and values of the Conservation
Area, including the resources and values described in
paragraph (2)(A);
(ii) in accordance with—
(I) this subsection;
(II) the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1701 et seq.); and
(III) any other applicable law; and
(iii) as a component of the National Landscape
Conservation System.
(B) USES.—The Secretary shall allow only those uses
of the Conservation Area that the Secretary determines
would further the purposes of the Conservation Area.
(C) TRIBAL CULTURAL RESOURCES.—In administering
the Conservation Area, the Secretary shall provide for—

H. R. 7776—644
(i) access to and use of cultural resources by the
Tribe at the Conservation Area; and
(ii) the protection from disturbance of the cultural
resources and burial sites of the Tribe located in the
Conservation Area.
(D) COOPERATIVE AGREEMENTS.—The Secretary may,
in a manner consistent with this subsection, enter into
cooperative agreements with the State of Nevada, affected
Indian tribes, and institutions and organizations to carry
out the purposes of this subsection, subject to the requirement that the Tribe shall be a party to any cooperative
agreement entered into under this subparagraph.
(4) MANAGEMENT PLAN.—
(A) IN GENERAL.—Not later than 2 years after the
date of enactment of this Act, the Secretary shall develop
a management plan for the Conservation Area.
(B) CONSULTATION.—In developing the management
plan required under subparagraph (A), the Secretary shall
consult with—
(i) appropriate State, Tribal, and local governmental entities; and
(ii) members of the public.
(C) REQUIREMENTS.—The management plan developed
under subparagraph (A) shall—
(i) describe the appropriate uses and management
of the Conservation Area;
(ii) incorporate, as appropriate, decisions contained
in any other management or activity plan for the land
in or adjacent to the Conservation Area;
(iii) take into consideration any information developed in studies of the land and resources in or adjacent
to the Conservation Area; and
(iv) provide for a cooperative agreement with the
Tribe to address the historical, archaeological, and cultural values of the Conservation Area.
(5) WITHDRAWAL.—
(A) IN GENERAL.—Subject to valid existing rights, all
public land in the Conservation Area is withdrawn from—
(i) all forms of entry, appropriation, and disposal
under the public land laws;
(ii) location, entry, and patent under the mining
laws; and
(iii) disposition under all laws relating to mineral
and geothermal leasing or mineral materials.
(B) ADDITIONAL LAND.—If the Secretary acquires mineral or other interests in a parcel of land within the Conservation Area after the date of enactment of this Act,
the parcel is withdrawn from operation of the laws referred
to in subparagraph (A) on the date of acquisition of the
parcel.
(6) HUNTING, FISHING, AND TRAPPING.—
(A) IN GENERAL.—Subject to subparagraph (B), nothing
in this subsection affects the jurisdiction of the State of
Nevada with respect to fish and wildlife, including hunting,
fishing, and trapping in the Conservation Area.
(B) LIMITATIONS.—

H. R. 7776—645
(i) REGULATIONS.—The Secretary may designate
by regulation areas in which, and establish periods
during which, no hunting, fishing, or trapping will
be permitted in the Conservation Area, for reasons
of public safety, administration, or compliance with
applicable laws.
(ii) CONSULTATION REQUIRED.—Except in an emergency, the Secretary shall consult with the appropriate
State agency and notify the public before taking any
action under clause (i).
(7) GRAZING.—In the case of land included in the Conservation Area on which the Secretary permitted, as of the date
of enactment of this Act, livestock grazing, the livestock grazing
shall be allowed to continue, subject to applicable laws
(including regulations).
(8) NO BUFFER ZONES.—
(A) IN GENERAL.—Nothing in this subsection creates
a protective perimeter or buffer zone around the Conservation Area.
(B) ACTIVITIES OUTSIDE CONSERVATION AREA.—The fact
that an activity or use on land outside the Conservation
Area can be seen or heard within the Conservation Area
shall not preclude the activity or use outside the boundary
of the Conservation Area.
(9) MILITARY OVERFLIGHTS.—Nothing in this subsection
restricts or precludes—
(A) low-level overflights of military aircraft over the
Conservation Area, including military overflights that can
be seen or heard within the Conservation Area;
(B) flight testing and evaluation; or
(C) the designation or creation of new units of special
use airspace, or the establishment of military flight training
routes, over the Conservation Area.
(10) EFFECT ON WATER RIGHTS.—Nothing in this subsection
constitutes an express or implied reservation of any water
rights with respect to the Conservation Area.
SEC. 2904. COLLABORATION WITH STATE AND COUNTY.

It is the sense of Congress that the Secretary of the Navy
and Secretary of the Interior should collaborate with the State
of Nevada, Churchill County, Nevada, the city of Fallon, Nevada,
and affected Indian tribes with the goal of preventing catastrophic
wildfire and resource damage in the land withdrawn or owned
within the Fallon Range Training Complex.
SEC. 2905. WILDERNESS AREAS IN CHURCHILL COUNTY, NEVADA.

(a) DEFINITIONS.—In this section:
(1) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of the Interior.
(2) WILDERNESS AREA.—The term ‘‘wilderness area’’ means
a wilderness area designated by subsection (b)(1).
(b) ADDITIONS TO NATIONAL WILDERNESS PRESERVATION
SYSTEM.—
(1) ADDITIONS.—In accordance with the Wilderness Act (16
U.S.C. 1131 et seq.), the following parcels of Federal land
in Churchill County, Nevada, are designated as wilderness
and as components of the National Wilderness Preservation
System:

H. R. 7776—646
(A) CLAN ALPINE MOUNTAINS WILDERNESS.—Certain
Federal land managed by the Bureau of Land Management,
comprising approximately 128,362 acres, as generally
depicted on the map entitled ‘‘Churchill County Proposed
Fallon Range Training Complex Modernization and Lands
Bill’’ and dated November 30, 2022, which shall be known
as the ‘‘Clan Alpine Mountains Wilderness’’.
(B) DESATOYA MOUNTAINS WILDERNESS.—Certain Federal land managed by the Bureau of Land Management,
comprising approximately 32,537 acres, as generally
depicted on the map entitled ‘‘Churchill County Proposed
Fallon Range Training Complex Modernization and Lands
Bill’’ and dated November 30, 2022, which shall be known
as the ‘‘Desatoya Mountains Wilderness’’.
(C) CAIN MOUNTAIN WILDERNESS.—Certain Federal
land managed by the Bureau of Land Management, comprising approximately 7,664 acres, as generally depicted
on the map entitled ‘‘Churchill County Proposed Fallon
Range Training Complex Modernization and Lands Bill’’
and dated November 30, 2022, which shall be known as
the ‘‘Cain Mountain Wilderness’’.
(2) BOUNDARY.—The boundary of any portion of a wilderness area that is bordered by a road shall be at least 150
feet from the edge of the road.
(3) MAP AND LEGAL DESCRIPTION.—
(A) IN GENERAL.—As soon as practicable after the date
of enactment of this Act, the Secretary shall prepare a
map and legal description of each wilderness area.
(B) EFFECT.—Each map and legal description prepared
under subparagraph (A) shall have the same force and
effect as if included in this section, except that the Secretary may correct clerical and typographical errors in the
map or legal description.
(C) AVAILABILITY.—Each map and legal description prepared under subparagraph (A) shall be on file and available
for public inspection in the appropriate offices of the Bureau
of Land Management.
(4) WITHDRAWAL.—Subject to valid existing rights, each
wilderness area is withdrawn from—
(A) all forms of entry, appropriation, and disposal
under the public land laws;
(B) location, entry, and patent under the mining laws;
and
(C) operation of the mineral leasing and geothermal
leasing laws.
(c) MANAGEMENT.—Subject to valid existing rights, each wilderness area shall be administered by the Secretary in accordance
with the Wilderness Act (16 U.S.C. 1131 et seq.), except that—
(1) any reference in that Act to the effective date of that
Act shall be considered to be a reference to the date of enactment of this Act; and
(2) any reference in that Act to the Secretary of Agriculture
shall be considered to be a reference to the Secretary of the
Interior.
(d) LIVESTOCK.—The grazing of livestock in a wilderness area
administered by the Bureau of Land Management, if established
as of the date of enactment of this Act, shall be allowed to continue,

H. R. 7776—647
subject to such reasonable regulations, policies, and practices as
the Secretary considers necessary, in accordance with—
(1) section 4(d)(4) of the Wilderness Act (16 U.S.C.
1133(d)(4)); and
(2) the guidelines set forth in Appendix A of the report
of the Committee on Interior and Insular Affairs of the House
of Representatives accompanying H.R. 2570 of the 101st Congress (House Report 101–405).
(e) INCORPORATION OF ACQUIRED LAND AND INTERESTS.—Any
land or interest in land within the boundaries of a wilderness
area that is acquired by the United States after the date of enactment of this Act shall be added to and administered as part of
the wilderness area within which the acquired land or interest
is located.
(f) WATER RIGHTS.—
(1) FINDINGS.—Congress finds that—
(A) the wilderness areas—
(i) are located in the semiarid region of the Great
Basin region; and
(ii) include ephemeral and perennial streams;
(B) the hydrology of the wilderness areas is predominantly characterized by complex flow patterns and alluvial
fans with impermanent channels;
(C) the subsurface hydrogeology of the region in which
the wilderness areas are located is characterized by—
(i) groundwater subject to local and regional flow
gradients; and
(ii) unconfined and artesian conditions;
(D) the wilderness areas are generally not suitable
for use or development of new water resource facilities;
and
(E) because of the unique nature and hydrology of
the desert land in the wilderness areas, it is possible to
provide for proper management and protection of the
wilderness areas and other values of land in ways different
from those used in other laws.
(2) STATUTORY CONSTRUCTION.—Nothing in this subsection—
(A) constitutes an express or implied reservation by
the United States of any water or water rights with respect
to the wilderness areas;
(B) affects any water rights in the State of Nevada
(including any water rights held by the United States)
in existence on the date of enactment of this Act;
(C) establishes a precedent with regard to any future
wilderness designations;
(D) affects the interpretation of, or any designation
made under, any other Act; or
(E) limits, alters, modifies, or amends any interstate
compact or equitable apportionment decree that apportions
water among and between the State of Nevada and other
States.
(3) NEVADA WATER LAW.—The Secretary shall follow the
procedural and substantive requirements of Nevada State law
in order to obtain and hold any water rights not in existence
on the date of enactment of this Act with respect to the wilderness areas.

H. R. 7776—648
(4) NEW PROJECTS.—
(A) DEFINITION OF WATER RESOURCE FACILITY.—
(i) IN GENERAL.—In this paragraph, the term
‘‘water resource facility’’ means irrigation and pumping
facilities, reservoirs, water conservation works, aqueducts, canals, ditches, pipelines, wells, hydropower
projects, transmission and other ancillary facilities, and
other water diversion, storage, and carriage structures.
(ii) EXCLUSION.—In this paragraph, the term
‘‘water resource facility’’ does not include wildlife guzzlers.
(B) RESTRICTION ON NEW WATER RESOURCE FACILITIES.—Except as otherwise provided in this section, on
and after the date of enactment of this Act, neither the
President nor any other officer, employee, or agent of the
United States shall fund, assist, authorize, or issue a
license or permit for the development of any new water
resource facility within a wilderness area.
(g) WILDFIRE, INSECTS, AND DISEASE.—In accordance with section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)), the Secretary may take such measures in a wilderness area as are necessary for the control of fire, insects, and diseases (including, as
the Secretary determines to be appropriate, the coordination of
the activities with a State or local agency).
(h) DATA COLLECTION.—Subject to such terms and conditions
as the Secretary may prescribe, nothing in this section precludes
the installation and maintenance of hydrologic, meteorological, or
climatological collection devices in a wilderness area, if the Secretary determines that the devices and access to the devices are
essential to flood warning, flood control, or water reservoir operation
activities.
(i) MILITARY OVERFLIGHTS.—Nothing in this section restricts
or precludes—
(1) low-level overflights of military aircraft over a wilderness area, including military overflights that can be seen or
heard within a wilderness area;
(2) flight testing and evaluation; or
(3) the designation or creation of new units of special
use airspace, or the establishment of military flight training
routes, over a wilderness area.
(j) WILDLIFE MANAGEMENT.—
(1) IN GENERAL.—In accordance with section 4(d)(7) of the
Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this chapter
affects or diminishes the jurisdiction of the State of Nevada
with respect to fish and wildlife management, including the
regulation of hunting, fishing, and trapping, in the wilderness
areas.
(2) MANAGEMENT ACTIVITIES.—In furtherance of the purposes and principles of the Wilderness Act (16 U.S.C. 1131
et seq.), the Secretary may conduct any management activities
in the wilderness areas that are necessary to maintain or
restore fish and wildlife populations and the habitats to support
the populations, if the activities are carried out—
(A) consistent with relevant wilderness management
plans; and
(B) in accordance with—

H. R. 7776—649
(i) the Wilderness Act (16 U.S.C. 1131 et seq.);
and
(ii) appropriate policies, such as those set forth
in Appendix B of the report of the Committee on
Interior and Insular Affairs of the House of Representatives accompanying H.R. 2570 of the 101st Congress
(House Report 101–405), including the occasional and
temporary use of motorized vehicles, if the use, as
determined by the Secretary, would promote healthy,
viable, and more naturally distributed wildlife populations that would enhance wilderness values with the
minimal impact necessary to reasonably accomplish
those tasks.
(3) EXISTING ACTIVITIES.—In accordance with section 4(d)(1)
of the Wilderness Act (16 U.S.C. 1133(d)(1)) and in accordance
with appropriate policies such as those set forth in Appendix
B of the Committee on Interior and Insular Affairs of the
House of Representatives accompanying H.R. 2570 of the 101st
Congress (House Report 101–405), the State may continue to
use aircraft (including helicopters) to survey, capture, transplant, monitor, and provide water for wildlife populations.
(4) WILDLIFE WATER DEVELOPMENT PROJECTS.—Subject to
subsection (f), the Secretary shall authorize structures and
facilities, including existing structures and facilities, for wildlife
water development projects, including guzzlers, in the wilderness areas if—
(A) the structures and facilities would, as determined
by the Secretary, enhance wilderness values by promoting
healthy, viable, and more naturally distributed wildlife
populations; and
(B) the visual impacts of the structures and facilities
on the wilderness areas can reasonably be minimized.
(5) HUNTING, FISHING, AND TRAPPING.—
(A) IN GENERAL.—The Secretary may designate areas
in which, and establish periods during which, for reasons
of public safety, administration, or compliance with
applicable laws, no hunting, fishing, or trapping will be
permitted in the wilderness areas.
(B) CONSULTATION.—Except in emergencies, the Secretary shall consult with the appropriate State agency and
notify the public before taking any action under subparagraph (A).
(6) COOPERATIVE AGREEMENT.—
(A) IN GENERAL.—The State of Nevada, including a
designee of the State, may conduct wildlife management
activities in the wilderness areas—
(i) in accordance with the terms and conditions
specified in the cooperative agreement between the
Secretary and the State entitled ‘‘Memorandum of
Understanding between the Bureau of Land Management and the Nevada Department of Wildlife Supplement No. 9’’ and signed November and December 2003,
including any amendments to the cooperative agreement agreed to by the Secretary and the State of
Nevada; and
(ii) subject to all applicable laws (including regulations).

H. R. 7776—650
(B) REFERENCES.—For the purposes of this subsection,
any references to Clark County, Nevada, in the cooperative
agreement described this paragraph shall be considered
to be a reference to Churchill or Lander County, Nevada,
as applicable.
SEC. 2906. RELEASE OF WILDERNESS STUDY AREAS.

(a) FINDING.—Congress finds that, for the purposes of section
603(c) of the Federal Land Policy and Management Act of 1976
(43 U.S.C. 1782(c)), the public land in Churchill County, Nevada,
that is administered by the Bureau of Land Management in the
following areas has been adequately studied for wilderness designation:
(1) The Stillwater Range Wilderness Study Area.
(2) The Job Peak Wilderness Study Area.
(3) The Clan Alpine Mountains Wilderness Study Area.
(4) That portion of the Augusta Mountains Wilderness
Study Area located in Churchill County, Nevada.
(5) That portion of the Desatoya Mountains Wilderness
Study Area located in Churchill County, Nevada.
(6) Any portion of any other wilderness study area located
in Churchill County, Nevada, that is not a wilderness area.
(b) RELEASE.—The portions of the public land described in
subsection (a) not designated as wilderness by section 2905(b)—
(1) are no longer subject to section 603(c) of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1782(c));
and
(2) shall be managed in accordance with—
(A) land management plans adopted under section 202
of that Act (43 U.S.C. 1712); and
(B) existing cooperative conservation agreements.
SEC. 2907. LAND CONVEYANCES AND EXCHANGES.

(a) DEFINITIONS.—In this section:
(1) CITY.—The term ‘‘City’’ means the city of Fallon,
Nevada.
(2) PUBLIC PURPOSE.—The term ‘‘public purpose’’ includes
any of the following:
(A) The construction and operation of a new fire station
for Churchill County, Nevada.
(B) The operation or expansion of an existing wastewater treatment facility for Churchill County, Nevada.
(C) The operation or expansion of existing gravel pits
and rock quarries of Churchill County, Nevada.
(D) The operation or expansion of an existing City
landfill.
(b) PUBLIC PURPOSE CONVEYANCES.—
(1) IN GENERAL.—Notwithstanding section 202 of the Federal Land Policy and Management Act of 1976 (43 U.S.C.
1712), the Secretary of the Interior shall convey, subject to
valid existing rights and paragraph (2), for no consideration,
all right, title, and interest of the United States in approximately 6,892 acres of Federal land to Churchill County, Nevada,
and 212 acres of land to the City identified as ‘‘Public Purpose
Conveyances to Churchill County and City of Fallon’’ on the
map entitled ‘‘Churchill County Proposed Fallon Range
Training Complex Modernization and Lands Bill’’ and dated
November 30, 2022.

H. R. 7776—651
(2) USE.—Churchill County, Nevada, and the City shall
use the Federal land conveyed under paragraph (1) for public
purposes and the construction and operation of public recreational facilities.
(3) REVERSIONARY INTEREST.—If a parcel of Federal land
conveyed to Churchill County, Nevada, under paragraph (1)
ceases to be used for public recreation or other public purposes
consistent with the Act of June 14, 1926 (commonly known
as the ‘‘Recreation and Public Purposes Act’’; 43 U.S.C. 869
et seq.), the parcel of Federal land shall, at the discretion
of the Secretary of the Interior, revert to the United States.
(4) GRAVEL PIT AND ROCK QUARRY ACCESS.—Churchill
County, Nevada, shall provide at no cost to the Department
of the Interior access to and use of any existing gravel pits
and rock quarries conveyed to Churchill County, Nevada, under
this section.
(c) EXCHANGE.—The Secretary of the Interior shall seek to
enter into an agreement for an exchange with Churchill County,
Nevada, for the land identified as ‘‘Churchill County Conveyance
to the Department of Interior’’ in exchange for the land administered
by the Secretary of the Interior identified as ‘‘Department of Interior
Conveyance to Churchill County’’ on the map entitled ‘‘Churchill
County Proposed Fallon Range Training Complex Modernization
and Lands Bill’’ and dated November 30, 2022.
SEC. 2908. CHECKERBOARD RESOLUTION.

(a) IN GENERAL.—The Secretary of the Interior, in consultation
with Churchill County, Nevada, and landowners in Churchill
County, Nevada, and after providing an opportunity for public
comment, shall seek to consolidate Federal land and non-Federal
land ownership in Churchill County, Nevada.
(b) LAND EXCHANGES.—
(1) LAND EXCHANGE AUTHORITY.—To the extent practicable,
the Secretary of the Interior shall offer to exchange land identified for exchange under paragraph (3) for private land in
Churchill County, Nevada, that is adjacent to Federal land
in Churchill County, Nevada, if the exchange would consolidate
land ownership and facilitate improved land management in
Churchill County, Nevada, as determined by the Secretary
of the Interior.
(2) APPLICABLE LAW.—Except as otherwise provided in this
section, a land exchange under this section shall be conducted
in accordance with—
(A) section 206 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716); and
(B) any other applicable law.
(3) IDENTIFICATION OF FEDERAL LAND FOR EXCHANGE.—
The Secretary of the Interior shall identify appropriate Federal
land in Churchill County, Nevada, to offer for exchange from
Federal land identified as potentially suitable for disposal in
an applicable resource management plan and managed by—
(A) the Commissioner of Reclamation; or
(B) the Director of the Bureau of Land Management.
(c) EQUAL VALUE LAND EXCHANGES.—
(1) IN GENERAL.—Land to be exchanged under this section
shall be of equal value, based on appraisals prepared in accordance with—

H. R. 7776—652
(A) the Uniform Standards for Professional Land
Acquisitions; and
(B) the Uniform Standards of Professional Appraisal
Practice.
(2) USE OF MASS APPRAISALS.—
(A) IN GENERAL.—Subject to subparagraph (B), the Secretary of the Interior may use a mass appraisal to determine the value of land to be exchanged under this section,
if the Secretary of the Interior determines that the land
to be subject to the mass appraisal is of similar character
and value.
(B) EXCLUSION.—The Secretary of the Interior shall
exclude from a mass appraisal under subparagraph (A)
any land, the value of which is likely to exceed $250 per
acre, as determined by the Secretary of the Interior.
(C) AVAILABILITY.—The Secretary of the Interior shall
make the results of a mass appraisal conducted under
subparagraph (A) available to the public.
(d) FUNDING ELIGIBILITY.—Section 4(e)(3)(A) of the Southern
Nevada Public Land Management Act of 1998 (Public Law 105–
263; 31 U.S.C. 6901 note) is amended—
(1) in clause (iv) by inserting ‘‘Churchill,’’ after ‘‘Lincoln,’’;
(2) in clause (x) by striking ‘‘Nevada; and’’ and inserting
‘‘Nevada;’’;
(3) in clause (xi) by striking ‘‘paragraph (2)(A).’’ and
inserting ‘‘paragraph (2)(A); and’’; and
(4) by adding at the end the following:
‘‘(xii) reimbursement of costs incurred by the Secretary in the identification, implementation, and
consolidation of Federal and non-Federal lands in
Churchill County in accordance with section 2908 of
division B of the James M. Inhofe National Defense
Authorization Act for Fiscal Year 2023.’’.

Subtitle B—Lander County Economic
Development and Conservation
SEC. 2911. DEFINITIONS.

In this subtitle:
(1) COUNTY.—The term ‘‘County’’ means Lander County,
Nevada.
(2) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of the Interior.
(3) STATE.—The term ‘‘State’’ means the State of Nevada.

PART I—LANDER COUNTY PUBLIC PURPOSE
LAND CONVEYANCES
SEC. 2921. DEFINITIONS.

In this part:
(1) MAP.—The term ‘‘Map’’ means the map entitled ‘‘Lander
County Selected Lands’’ and dated August 4, 2020.
(2) SECRETARY CONCERNED.—The term ‘‘Secretary concerned’’ means—

H. R. 7776—653
(A) the Secretary, with respect to land under the jurisdiction of the Secretary; and
(B) the Secretary of Agriculture, acting through the
Chief of the Forest Service, with respect to National Forest
System land.
SEC. 2922. CONVEYANCES TO LANDER COUNTY, NEVADA.

(a) CONVEYANCE FOR WATERSHED PROTECTION, RECREATION,
PARKS.—Notwithstanding the land use planning requirements
of sections 202 and 203 of the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1712, 1713), not later than 60 days after
the date on which the County identifies and selects the parcels
of Federal land for conveyance to the County from among the
parcels identified on the Map as ‘‘Lander County Parcels BLM
and USFS’’ and dated August 4, 2020, the Secretary concerned
shall convey to the County, subject to valid existing rights and
for no consideration, all right, title, and interest of the United
States in and to the identified parcels of Federal land (including
mineral rights) for use by the County for watershed protection,
recreation, and parks.
(b) CONVEYANCE FOR AIRPORT FACILITY.—
(1) IN GENERAL.—Notwithstanding the land use planning
requirements of sections 202 and 203 of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1712, 1713),
the Secretary concerned shall convey to the County, subject
to valid existing rights, including mineral rights, all right,
title, and interest of the United States in and to the parcels
of Federal land identified on the Map as ‘‘Kingston Airport’’
for the purpose of improving the relevant airport facility and
related infrastructure.
(2) COSTS.—The only costs for the conveyance to be paid
by the County under paragraph (1) shall be the survey costs
relating to the conveyance.
(c) SURVEY.—The exact acreage and legal description of any
parcel of Federal land to be conveyed under subsection (a) or (b)
shall be determined by a survey satisfactory to the Secretary concerned and the County.
(d) REVERSIONARY INTEREST.—If a parcel of Federal land conveyed to the County under subsections (a) or (b) ceases to be
used for public recreation or other public purposes consistent with
the Act of June 14, 1926 (commonly known as the ‘‘Recreation
and Public Purposes Act’’; 43 U.S.C. 869 et seq.), the parcel of
Federal land shall, at the discretion of the Secretary of the Interior,
revert to the United States.
(e) MAP, ACREAGE ESTIMATES, AND LEGAL DESCRIPTIONS.—
(1) MINOR ERRORS.—The Secretary concerned and the
County may, by mutual agreement—
(A) make minor boundary adjustments to the parcels
of Federal land to be conveyed under subsection (a) or
(b); and
(B) correct any minor errors in—
(i) the Map; or
(ii) an acreage estimate or legal description of any
parcel of Federal land conveyed under subsection (a)
or (b).
(2) CONFLICT.—If there is a conflict between the Map,
an acreage estimate, or a legal description of Federal land

AND

H. R. 7776—654
conveyed under subsection (a) or (b), the Map shall control
unless the Secretary concerned and the County mutually agree
otherwise.
(3) AVAILABILITY.—The Secretary shall make the Map available for public inspection in—
(A) the Office of the Nevada State Director of the
Bureau of Land Management; and
(B) the Bureau of Land Management Battle Mountain
Field Office.

PART II—LANDER COUNTY WILDERNESS
AREAS
SEC. 2931. DEFINITIONS.

In this part:
(1) MAP.—The term ‘‘Map’’ means the map entitled ‘‘Lander
County Wilderness Areas Proposal’’ and dated April 19, 2021.
(2) WILDERNESS AREA.—The term ‘‘wilderness area’’ means
a wilderness area designated by section 2932(a).
SEC. 2932. DESIGNATION OF WILDERNESS AREAS.

(a) IN GENERAL.—In accordance with the Wilderness Act (16
U.S.C. 1131 et seq.), the following land in the State of Nevada
is designated as wilderness and as components of the National
Wilderness Preservation System:
(1) CAIN MOUNTAIN WILDERNESS.—Certain Federal land
managed by the Director of the Bureau of Land Management,
comprising approximately 6,386 acres, generally depicted as
‘‘Cain Mountain Wilderness’’ on the Map, which shall be part
of the Cain Mountain Wilderness designated by section 2905(b)
of this title.
(2) DESATOYA MOUNTAINS WILDERNESS.—Certain Federal
land managed by the Director of the Bureau of Land Management, comprising approximately 7,766 acres, generally depicted
as ‘‘Desatoya Mountains Wilderness’’ on the Map, which shall
be part of the Desatoya Mountains Wilderness designated by
section 2905(b) of this title.
(b) MAP AND LEGAL DESCRIPTION.—
(1) IN GENERAL.—As soon as practicable after the date
of enactment of this Act, the Secretary shall file with, and
make available for inspection in, the appropriate offices of
the Bureau of Land Management, a map and legal description
of each wilderness area.
(2) EFFECT.—Each map and legal description filed under
paragraph (1) shall have the same force and effect as if included
in this chapter, except that the Secretary may correct clerical
and typographical errors in the map or legal description.
(c) ADMINISTRATION OF WILDERNESS AREAS.—The wilderness
areas designated in subsection (a) shall be administered in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.) and the
wilderness management provisions in section 2905 of this title.
SEC. 2933. RELEASE OF WILDERNESS STUDY AREAS.

(a) FINDING.—Congress finds that, for the purposes of section
603(c) of the Federal Land Policy and Management Act of 1976
(43 U.S.C. 1782(c)), the following public land in the County has
been adequately studied for wilderness designation:

H. R. 7776—655
(1) The approximately 10,777 acres of the Augusta Mountain Wilderness Study Area within the County that has not
been designated as wilderness by section 2902(a) of this title.
(2) The approximately 1,088 acres of the Desatoya Wilderness Study Area within the County that has not been designated as wilderness by section 2902(a) of this title.
(b) RELEASE.—The public land described in subsection (a)—
(1) is no longer subject to section 603(c) of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1782(c));
and
(2) shall be managed in accordance with the applicable
land use plans adopted under section 202 of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1712).

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.
Sec.
Sec.
Sec.

3101.
3102.
3103.
3104.

National Nuclear Security Administration.
Defense environmental cleanup.
Other defense activities.
Nuclear energy.

Subtitle B—Program Authorizations, Restrictions, and Limitations
Sec. 3111. Requirements for specific request for new or modified nuclear weapons.
Sec. 3112. Modifications to long-term plan for meeting national security requirements for unencumbered uranium.
Sec. 3113. Modification of minor construction threshold for plant projects.
Sec. 3114. Update to plan for deactivation and decommissioning of nonoperational
defense nuclear facilities.
Sec. 3115. Use of alternative technologies to eliminate proliferation threats at vulnerable sites.
Sec. 3116. Unavailability for overhead costs of amounts specified for laboratory-directed research and development.
Sec. 3117. Workforce enhancement for National Nuclear Security Administration.
Sec. 3118. Modification of cost baselines for certain projects.
Sec. 3119. Purchase of real property options.
Sec. 3120. Prohibition on availability of funds to reconvert or retire W76–2 warheads.
Sec. 3121. Acceleration of depleted uranium manufacturing processes.
Sec. 3122. Assistance by the National Nuclear Security Administration to the Air
Force for the development of the Mark 21A fuse.
Sec. 3123. Determination of standardized indirect cost elements.
Sec. 3124. Certification of completion of milestones with respect to plutonium pit
aging.
Sec. 3125. National Nuclear Security Administration facility advanced manufacturing development.
Sec. 3126. Authorization of workforce development and training partnership programs within National Nuclear Security Administration.
Subtitle C—Reports and Other Matters
Sec. 3131. Modification to certain reporting requirements.
Sec. 3132. Repeal of obsolete provisions of the Atomic Energy Defense Act and
other provisions.

H. R. 7776—656

Subtitle A—National Security Programs
and Authorizations
SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRATION.

(a) AUTHORIZATION OF APPROPRIATIONS.—Funds are hereby
authorized to be appropriated to the Department of Energy for
fiscal year 2023 for the activities of the National Nuclear Security
Administration in carrying out programs as specified in the funding
table in section 4701.
(b) AUTHORIZATION OF NEW PLANT PROJECTS.—From funds
referred to in subsection (a) that are available for carrying out
plant projects, the Secretary of Energy may carry out new plant
projects for the National Nuclear Security Administration as follows:
Project 23–D–516, Energetic Materials Characterization
Facility, Los Alamos National Laboratory, Los Alamos, New
Mexico, $19,000,000.
Project 23–D–517, Electrical Power Capacity Upgrade, Los
Alamos National Laboratory, Los Alamos, New Mexico,
$24,000,000.
Project 23–D–518, Plutonium Modernization Operations &
Waste Management Office Building, Los Alamos National Laboratory, Los Alamos, New Mexico, $48,500,000.
Project 23–D–519, Special Materials Facility, Y–12
National Security Complex, Oak Ridge, Tennessee, $49,500,000.
Project 23–D–533, Component Test Complex Project, Bettis
Atomic Power Laboratory, West Mifflin, Pennsylvania,
$57,420,000.
SEC. 3102. DEFENSE ENVIRONMENTAL CLEANUP.

(a) AUTHORIZATION OF APPROPRIATIONS.—Funds are hereby
authorized to be appropriated to the Department of Energy for
fiscal year 2023 for defense environmental cleanup activities in
carrying out programs as specified in the funding table in section
4701.
(b) AUTHORIZATION OF NEW PLANT PROJECTS.—From funds
referred to in subsection (a) that are available for carrying out
plant projects, the Secretary of Energy may carry out, for defense
environmental cleanup activities, the following new plant projects:
Project 23–D–402, Calcine Construction, Idaho National
Laboratory, Idaho Falls, Idaho, $10,000,000.
Project 23–D–403, Hanford 200 West Area Tank Farms
Risk Management Project, Office of River Protection, Richland,
Washington, $4,408,000.
Project 23–D–404, 181D Export Water System Reconfiguration and Upgrade, Hanford Site, Richland, Washington,
$6,770,000.
Project 23–D–405, 181B Export Water System Reconfiguration and Upgrade, Hanford Site, Richland, Washington,
$480,000.
SEC. 3103. OTHER DEFENSE ACTIVITIES.

Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2023 for other defense activities
in carrying out programs as specified in the funding table in section
4701.

H. R. 7776—657
SEC. 3104. NUCLEAR ENERGY.

Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2023 for nuclear energy as specified
in the funding table in section 4701.

Subtitle B—Program Authorizations,
Restrictions, and Limitations
SEC. 3111. REQUIREMENTS FOR SPECIFIC REQUEST FOR NEW OR
MODIFIED NUCLEAR WEAPONS.

Section 4209 of the Atomic Energy Defense Act (50 U.S.C.
2529) is amended—
(1) in subsection (a)—
(A) in paragraph (1), by inserting ‘‘beyond phase 1
or phase 6.1 (as the case may be) of the nuclear weapon
acquisition process’’ after ‘‘modified nuclear weapon’’; and
(B) in paragraph (2), by striking ‘‘research and development which could lead to the production’’ both places it
appears and inserting ‘‘research and development for the
production’’;
(2) by striking subsection (b) and inserting the following
new subsection:
‘‘(b) BUDGET REQUEST FORMAT.—In a request for funds under
subsection (a), the Secretary shall include a dedicated line item
for each activity described in subsection (a)(2) for a new nuclear
weapon or modified nuclear weapon that is in phase 2 or higher
or phase 6.2 or higher (as the case may be) of the nuclear weapon
acquisition process.’’; and
(3) by striking subsection (c) and inserting the following
new subsection:
‘‘(c) NOTIFICATION AND BRIEFING OF NONCOVERED ACTIVITIES.—
In any fiscal year after fiscal year 2022, the Secretary of Energy,
acting through the Administrator, in conjunction with the annual
submission of the budget of the President to Congress pursuant
to section 1105 of title 31, United States Code, shall notify the
congressional defense committees of—
‘‘(1) any activities described in subsection (a)(2) relating
to the development of a new nuclear weapon or modified nuclear
weapon that, during the calendar year prior to the budget
submission, were carried out prior to phase 2 or phase 6.2
(as the case may be) of the nuclear weapon acquisition process;
and
‘‘(2) any plans to carry out, prior to phase 2 or phase
6.2 (as the case may be) of the nuclear weapon acquisition
process, activities described in subsection (a)(2) relating to the
development of a new nuclear weapon or modified nuclear
weapon during the fiscal year covered by that budget.’’.
SEC. 3112. MODIFICATIONS TO LONG-TERM PLAN FOR MEETING
NATIONAL
SECURITY
REQUIREMENTS
FOR
UNENCUMBERED URANIUM.

(a) TIMING.—Subsection (a) of section 4221 of the Atomic Energy
Defense Act (50 U.S.C. 2538c) is amended—
(1) by striking ‘‘each even-numbered year through 2026’’
and inserting ‘‘each odd-numbered year through 2031’’; and
(2) by striking ‘‘2065’’ and inserting ‘‘2070’’.

H. R. 7776—658
(b) PLAN REQUIREMENTS.—Subsection (b) of such section is
amended—
(1) in paragraph (3), by inserting ‘‘through 2070’’ after
‘‘unencumbered uranium’’;
(2) by redesignating paragraphs (4) through (8) as paragraphs (5) through (9), respectively;
(3) by inserting after paragraph (3) the following new paragraph (4):
‘‘(4) An assessment of current and projected unencumbered
uranium production by private industry in the United States
that could support future defense requirements.’’; and
(4) by striking paragraphs (8) and (9), as so redesignated,
and inserting the following new paragraphs:
‘‘(8) An assessment of—
‘‘(A) when additional enrichment of uranium will be
required to meet national security requirements; and
‘‘(B) the options the Secretary is considering to meet
such requirements, including an estimated cost and
timeline for each option and a description of any changes
to policy or law that the Secretary determines would be
required for each option.
‘‘(9) An assessment of how options to provide additional
enriched uranium to meet national security requirements could,
as an additional benefit, contribute to the establishment of
a sustained domestic enrichment capacity and allow the
commercial sector of the United States to reduce reliance on
importing uranium from adversary countries.’’.
(c) COMPTROLLER GENERAL REVIEW.—Such section is further
amended—
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following new subsection:
‘‘(d) COMPTROLLER GENERAL BRIEFING.—Not later than 180
days after the date on which the congressional defense committees
receive each plan under subsection (a), the Comptroller General
of the United States shall provide to the Committees on Armed
Services of the House of Representatives and the Senate a briefing
that includes an assessment of the plan.’’.
SEC. 3113. MODIFICATION OF MINOR CONSTRUCTION THRESHOLD FOR
PLANT PROJECTS.

(a) THRESHOLD.—Paragraph (2) of section 4701 of the Atomic
Energy Defense Act (50 U.S.C. 2741(2)) is amended to read as
follows:
‘‘(2)(A) Except as provided by subparagraphs (B) and (C),
the term ‘minor construction threshold’ means $30,000,000.
‘‘(B) During the period beginning on the date of the enactment of the National Defense Authorization Act for Fiscal Year
2023 and ending on November 30, 2025, the Administrator
may calculate the amount specified in subparagraph (A) based
on fiscal year 2022 constant dollars if the Administrator—
‘‘(i) submits to the congressional defense committees
a report on the method used by the Administrator to calculate the adjustment;
‘‘(ii) a period of 30 days elapses following the date
of such submission; and

H. R. 7776—659
‘‘(iii) publishes the adjusted amount in the Federal
Register.
‘‘(C) Beginning on December 1, 2025, the term ‘minor
construction threshold’ means—
‘‘(i) $30,000,000; or
‘‘(ii) if the Administrator calculated a different amount
pursuant to subparagraph (B), the last such calculated
amount as published in the Federal Register under clause
(iii) of such subparagraph.’’.
(b) REPORTS.—Section 4703(b) of such Act (50 U.S.C. 2743)
is amended by adding at the end the following: ‘‘The report shall
include with respect to each project the following:’’
‘‘(1) The estimated original total project cost and the estimated original date of completion.
‘‘(2) The percentage of the project that is complete.
‘‘(3) The current estimated total project cost and estimated
date of completion.’’.
SEC. 3114. UPDATE TO PLAN FOR DEACTIVATION AND DECOMMISSIONING OF NONOPERATIONAL DEFENSE NUCLEAR
FACILITIES.

Section 4423 of the Atomic Energy Defense Act (50 U.S.C.
2603) is amended—
(1) in subsection (a), by striking ‘‘during each even-numbered year beginning in 2016’’; and inserting ‘‘every four years
beginning in 2025’’;
(2) in subsection (c)—
(A) by striking ‘‘2016’’ and inserting ‘‘2025’’;
(B) by striking ‘‘2019’’ and inserting ‘‘2029’’; and
(C) by striking ‘‘determines—’’ and all that follows
and inserting ‘‘determines are nonoperational as of September 30, 2024.’’;
(3) in subsection (d)—
(A) by striking ‘‘Not later than March 31 of each evennumbered year beginning in 2016’’ and inserting ‘‘Not later
than March 31, 2025, and every four years thereafter,’’;
(B) by striking ‘‘submitting during 2016’’ and inserting
‘‘submitted during 2025’’; and
(C) by striking paragraph (4) and inserting the following new paragraph:
‘‘(4) a description of the deactivation and decommissioning
actions taken at each nonoperational defense nuclear facility
during the period following the date on which the previous
report required by this section was submitted.’’; and
(4) in subsection (e), by striking ‘‘2026’’ and inserting
‘‘2033’’.
SEC. 3115. USE OF ALTERNATIVE TECHNOLOGIES TO ELIMINATE PROLIFERATION THREATS AT VULNERABLE SITES.

Section 4306B of the Atomic Energy Defense Act (50 U.S.C.
2569) is amended—
(1) in subsection (c)(1)(M)(ii), by inserting ‘‘(including
through the use of alternative technologies)’’ after ‘‘convert’’;
and
(2) in subsection (g), by adding at the end the following
new paragraph:

H. R. 7776—660
‘‘(7) The term ‘alternative technologies’ means technologies,
such as accelerator-based equipment, that do not use radiological materials.’’.
SEC. 3116. UNAVAILABILITY FOR OVERHEAD COSTS OF AMOUNTS
SPECIFIED FOR LABORATORY-DIRECTED RESEARCH AND
DEVELOPMENT.

(a) IN GENERAL.—Section 4812 of the Atomic Energy Defense
Act (50 U.S.C. 2792) is amended by adding at the end the following
new subsection:
‘‘(c) LIMITATION ON USE OF FUNDS FOR OVERHEAD.—A national
security laboratory may not use funds made available under section
4811(c) to cover the costs of general and administrative overhead
for the laboratory.’’.
(b) REPEAL OF PILOT PROGRAM.—Section 3119 of the National
Defense Authorization Act for Fiscal Year 2017 (Public Law 114–
328; 50 U.S.C. 2791 note) is repealed.
SEC. 3117. WORKFORCE ENHANCEMENT FOR NATIONAL NUCLEAR
SECURITY ADMINISTRATION.

(a) ELIMINATION OF CAP ON FULL-TIME EQUIVALENT EMPLOYEES
NATIONAL NUCLEAR SECURITY ADMINISTRATION.—Section
3241A of the National Nuclear Security Administration Act (50
U.S.C. 2441a) is amended—
(1) by striking subsections (a) and (c);
(2) by redesignating subsections (d), (e), and (f) as subsections (a), (b), and (c), respectively; and
(3) by redesignating the first subsection (b) as subsection
(d) and moving the subsection so as to appear after subsection
(c), as redesignated by paragraph (2).
(b) ANNUAL BRIEFING.—Subsection (c) of such section, as so
redesignated, is amended to read as follows:
‘‘(c) ANNUAL BRIEFING.—In conjunction with the submission
of the budget of the President to Congress pursuant to section
1105 of title 31, United States Code, the Administrator shall provide
to the congressional defense committees a briefing containing the
following information:
‘‘(1) A projection of the expected number of employees of
the Office of the Administrator, as counted under subsection
(d), for the fiscal year covered by the budget and the four
subsequent fiscal years, broken down by the office in which
the employees are projected to be assigned.
‘‘(2) With respect to the most recent fiscal year for which
data is available—
‘‘(A) the number of service support contracts of the
Administration and whether such contracts are funded
using program or program direction funds;
‘‘(B) the number of full-time equivalent contractor
employees working under each contract identified under
subparagraph (A);
‘‘(C) the number of full-time equivalent contractor
employees described in subparagraph (B) that have been
employed under such a contract for a period greater than
two years;
‘‘(D) with respect to each contract identified under
subparagraph (A)—
‘‘(i) identification of each appropriations account
that supports the contract; and
OF THE

H. R. 7776—661
‘‘(ii) the amount obligated under the contract
during the fiscal year, listed by each such account;
and
‘‘(E) with respect to each appropriations account identified under subparagraph (D)(i), the total amount obligated
for contracts identified under subparagraph (A).’’.
(c) CONFORMING AMENDMENT.—Subsection (d) of such section,
as redesignated by subsection (a), is amended by striking ‘‘under
subsection (a)’’ each place it appears and inserting ‘‘under subsection
(c)’’.
SEC.

3118.

MODIFICATION
PROJECTS.

OF

COST

BASELINES

FOR

CERTAIN

Section 4713(a) of the Atomic Energy Defense Act (50 U.S.C.
2753(a)) is amended—
(1) in paragraph (2)(D), by striking ‘‘$750,000,000’’ and
inserting ‘‘$800,000,000’’;
(2) in paragraph (3)(A)(i), by striking ‘‘$50,000,000’’ and
inserting ‘‘$65,000,000’’; and
(3) in paragraph (4)(A)(i), by striking ‘‘$50,000,000’’ and
inserting ‘‘$65,000,000’’.
SEC. 3119. PURCHASE OF REAL PROPERTY OPTIONS.

Subtitle E of the National Nuclear Security Administration
Act (50 U.S.C. 2461 et seq.) is amended by adding at the end
the following new section (and conforming the table of contents
at the beginning of such Act accordingly):
‘‘SEC. 3265. USE OF FUNDS FOR THE PURCHASE OF OPTIONS TO PURCHASE REAL PROPERTY.

‘‘(a) AUTHORITY.—Subject to the limitation in subsection (b),
funds authorized to be appropriated for the Administration for
the purchase of real property may be expended to purchase options
for the purchase of real property.
‘‘(b) LIMITATION ON PRICE OF OPTIONS.—The price of any option
purchased pursuant to subsection (a) may not exceed the minor
construction threshold (as defined in section 4701 of the Atomic
Energy Defense Act (50 U.S.C. 2741)).
‘‘(c) NOTICE.—Not later than 14 days after the date an option
is purchased pursuant to subsection (a), the Administrator shall
submit to the congressional defense committees—
‘‘(1) a notification of such purchase; and
‘‘(2) a summary of the rationale for such purchase.’’.
SEC. 3120. PROHIBITION ON AVAILABILITY OF FUNDS TO RECONVERT
OR RETIRE W76–2 WARHEADS.

(a) PROHIBITION.—Except as provided in subsection (b), none
of the funds authorized to be appropriated by this Act or otherwise
made available for fiscal year 2023 for the National Nuclear Security Administration may be obligated or expended to reconvert
or retire a W76–2 warhead.
(b) WAIVER.—The Administrator for Nuclear Security may
waive the prohibition in subsection (a) if the Administrator, in
consultation with the Secretary of Defense and the Chairman of
the Joint Chiefs of Staff, certifies in writing to the congressional
defense committees—

H. R. 7776—662
(1) that Russia and China do not possess naval capabilities
similar to the W76–2 warhead in the active stockpiles of the
respective country; and
(2) that the Department of Defense does not have a valid
military requirement for the W76–2 warhead.
SEC. 3121. ACCELERATION OF DEPLETED URANIUM MANUFACTURING
PROCESSES.

(a) ACCELERATION OF MANUFACTURING.—The Administrator for
Nuclear Security shall require the nuclear security enterprise to
accelerate the modernization of manufacturing processes for
depleted uranium by 2030 so that the nuclear security enterprise—
(1) demonstrates bulk cold hearth melting of depleted uranium alloys to augment existing capabilities on an operational
basis for war reserve components;
(2) manufactures, on a repeatable and ongoing basis, war
reserve depleted uranium alloy components using net shape
casting;
(3) demonstrates, if possible, a production facility to conduct
routine operations for manufacturing depleted uranium alloy
components outside of the current perimeter security fencing
of the Y–12 National Security Complex, Oak Ridge, Tennessee;
and
(4) has available high purity depleted uranium for the
production of war reserve components.
(b) ANNUAL BRIEFING.—Not later than March 31, 2023, and
annually thereafter through 2030, the Administrator shall provide
to the congressional defense committees a briefing on—
(1) progress made in carrying out subsection (a);
(2) the cost of activities conducted under such subsection
during the preceding fiscal year; and
(3) the ability of the nuclear security enterprise to convert
depleted uranium fluoride hexafluoride to depleted uranium
tetrafluoride.
(c) NUCLEAR SECURITY ENTERPRISE DEFINED.—In this section,
the term ‘‘nuclear security enterprise’’ has the meaning given that
term in section 4002 of the Atomic Energy Defense Act (50 U.S.C.
2501).
SEC. 3122. ASSISTANCE BY THE NATIONAL NUCLEAR SECURITY
ADMINISTRATION TO THE AIR FORCE FOR THE DEVELOPMENT OF THE MARK 21A FUSE.

(a) IN GENERAL.—Not later than 90 days after the date of
the enactment of this Act, the Administrator for Nuclear Security
shall enter into an agreement with the Secretary of the Air Force
under which the Administrator shall support the Air Force by
reviewing and validating the development and sustainment of a
fuse for the Mark 21A reentry vehicle to support the W87–1 warhead over the projected lifetime of the warhead, including by—
(1) acting as an external reviewer of the Mark 21A fuse,
including by reviewing—
(A) the design of the fuse;
(B) the quality of manufacturing and parts; and
(C) the life availability of components;
(2) advising and supporting the Air Force on strategies
to mitigate technical and schedule fuse risks; and

H. R. 7776—663
(3) otherwise ensuring the expertise of the National Nuclear
Security Administration in fuse and warhead design and manufacturing is available to support successful development and
sustainment of the fuse over its lifetime.
(b) BUDGET REQUEST.—The Administrator shall include, in the
budget justification materials submitted to Congress in support
of the budget of the Department of Energy for fiscal year 2024
(as submitted with the budget of the President under section 1105(a)
of title 31, United States Code), a request for amounts sufficient
to ensure that the assistance provided to the Air Force under
the agreement under subsection (a) does not negatively affect
ongoing nuclear modernization programs of the Administration.
(c) NUCLEAR WEAPONS COUNCIL REVIEW.—During the life of
the agreement under subsection (a), the Nuclear Weapons Council
established under section 179 of title 10, United States Code, shall
review the agreement as part of the annual review by the Council
of the budget of the National Nuclear Security Administration
and ensure that assistance provided under such agreement aligns
with ongoing programs of record between the Department of Defense
and the National Nuclear Security Administration.
(d) TRANSMITTAL OF AGREEMENT.—Not later than 120 days
after the date of the enactment of this Act, the Nuclear Weapons
Council shall transmit to the congressional defense committees
the agreement under subsection (a) and any comments that the
Council considers appropriate.
SEC. 3123. DETERMINATION OF STANDARDIZED INDIRECT COST ELEMENTS.

(a) IN GENERAL.—Not later than March 31, 2025, the Deputy
Chief Financial Officer of the Department of Energy shall, in consultation with the Administrator for Nuclear Security and the
Director of the Office of Science, determine standardized indirect
cost elements to be reported by contractors to the Administrator.
(b) REPORT.—Not later than 90 days after the date that the
determination required by subsection (a) is made, the Deputy Chief
Financial Officer shall, in coordination with the Administrator and
the Director, submit to the congressional defense committees a
report describing the standardized indirect cost elements determined under subsection (a) and a plan to require contractors to
report, beginning in fiscal year 2026, such standardized indirect
cost elements to the Administrator.
(c) STANDARDIZED INDIRECT COST ELEMENTS DEFINED.—In this
section, the term ‘‘standardized indirect cost elements’’ means the
categories of indirect costs incurred by management and operating
contractors that receive funds to perform work for the National
Nuclear Security Administration.
SEC. 3124. CERTIFICATION OF COMPLETION OF MILESTONES WITH
RESPECT TO PLUTONIUM PIT AGING.

(a) REQUIREMENT.—The Administrator for Nuclear Security
shall complete the milestones on plutonium pit aging identified
in the report entitled ‘‘Research Program Plan for Plutonium and
Pit Aging’’, published by the National Nuclear Security Administration in September 2021.
(b) ASSESSMENTS.—The Administrator shall—
(1) acting through the Defense Programs Advisory Committee, conduct biennial reviews during the period beginning
not later than one year after the date of the enactment of

H. R. 7776—664
this Act and ending December 31, 2030, regarding the progress
achieved toward completing the milestones described in subsection (a); and
(2) seek to enter into an arrangement with the private
scientific advisory group known as JASON to conduct, not
later than 2030, an assessment of plutonium pit aging.
(c) BRIEFINGS.—During the period beginning not later than
one year after the date of the enactment of this Act and ending
December 31, 2030, the Administrator shall provide to the congressional defense committees biennial briefings on—
(1) the progress achieved toward completing the milestones
described in subsection (a); and
(2) the results of the assessments described in subsection
(b).
(d) CERTIFICATION OF COMPLETION OF MILESTONES.—Not later
than October 1, 2031, the Administrator shall—
(1) certify to the congressional defense committees whether
the milestones described in subsection (a) have been achieved;
and
(2) if the milestones have not been achieved, submit to
such committees a report—
(A) describing the reasons such milestones have not
been achieved;
(B) including, if the Administrator determines the
Administration will not be able to meet one of such milestones, an explanation for that determination; and
(C) specifying new dates for the completion of the
milestones the Administrator anticipates the Administration will meet.
SEC. 3125. NATIONAL NUCLEAR SECURITY ADMINISTRATION FACILITY
ADVANCED MANUFACTURING DEVELOPMENT.

(a) IN GENERAL.—Of the funds authorized to be appropriated
by this Act for fiscal year 2023 for the National Nuclear Security
Administration for nuclear weapons production facilities, the
Administrator for Nuclear Security may authorize an amount, not
to exceed 5 percent of such funds, to be used by the director
of each such facility to engage in research, development, and demonstration activities in order to maintain and enhance the
engineering and manufacturing capabilities at such facility.
(b) NUCLEAR WEAPONS PRODUCTION FACILITY DEFINED.—In this
section, the term ‘‘nuclear weapons production facility’’ has the
meaning given that term in section 4002 of the Atomic Energy
Defense Act (50 U.S.C. 2501).
SEC. 3126. AUTHORIZATION OF WORKFORCE DEVELOPMENT AND
TRAINING PARTNERSHIP PROGRAMS WITHIN NATIONAL
NUCLEAR SECURITY ADMINISTRATION.

(a) AUTHORITY.—The Administrator for Nuclear Security may
authorize management and operating contractors at covered facilities to develop and implement workforce development and training
partnership programs to further the education and training of
employees or prospective employees of such management and operating contractors to meet the requirements of section 4219 of the
Atomic Energy Defense Act (50 U.S.C. 2538a).
(b) CAPACITY.—To carry out subsection (a), a management and
operating contractor at a covered facility may provide funding
through grants or other means to cover the costs of the development

H. R. 7776—665
and implementation of a workforce development and training partnership program authorized under such subsection, including costs
relating to curriculum development, hiring of teachers, procurement
of equipment and machinery, use of facilities or other properties,
and provision of scholarships and fellowships.
(c) DEFINITIONS.—In this section:
(1) The term ‘‘covered facility’’ means—
(A) Los Alamos National Laboratory, Los Alamos, New
Mexico; or
(B) the Savannah River Site, Aiken, South Carolina.
(2) The term ‘‘prospective employee’’ means an individual
who has applied (or who, based on their field of study and
experience, is likely to apply) for a position of employment
with a management and operating contractor to support plutonium pit production at a covered facility.

Subtitle C—Reports and Other Matters
SEC. 3131. MODIFICATION TO CERTAIN REPORTING REQUIREMENTS.

(a) REPORTS ON NUCLEAR WARHEAD ACQUISITION PROCESS.—
Section 4223 of the Atomic Energy Defense Act (50 U.S.C. 2538e)
is amended—
(1) in subsection (a)(2)(A), by striking ‘‘submit to the
congressional defense committees a plan’’ and inserting ‘‘provide
to the congressional defense committees a briefing on a plan’’;
and
(2) in subsection (b)—
(A) in paragraph (1), by striking ‘‘certify to the congressional defense committees that’’ and inserting ‘‘provide to
the congressional defense committees a briefing that
includes certifications that—’’; and
(B) in paragraph (2)—
(i) by inserting ‘‘, or provide to such committees
a briefing on,’’ after ‘‘a report containing’’; and
(ii) by inserting ‘‘or briefing, as the case may be’’
after ‘‘date of the report’’.
(b) REPORTS ON TRANSFERS OF CIVIL NUCLEAR TECHNOLOGY.—
Section 3136 of the National Defense Authorization Act for Fiscal
Year 2016 (42 U.S.C. 2077a) is amended—
(1) by redesignating subsection (i) as subsection (j); and
(2) by inserting after subsection (h) the following new subsection:
‘‘(i) COMBINATION OF REPORTS.—The Secretary of Energy may
submit the annual reports required by subsections (a), (d), and
(e) as a single annual report, including by providing portions of
the information so required as an annex to the single annual
report.’’.
(c) CONFORMING AMENDMENT.—Section 161 n. of the Atomic
Energy Act of 1954 (50 U.S.C. 2201(n)) is amended by striking
‘‘section 3136(i) of the National Defense Authorization Act for Fiscal
Year 2016 (42 U.S.C. 2077a(i)))’’ and inserting ‘‘section 3136 of
the National Defense Authorization Act for Fiscal Year 2016 (42
U.S.C. 2077a))’’.

H. R. 7776—666
SEC. 3132. REPEAL OF OBSOLETE PROVISIONS OF THE ATOMIC
ENERGY DEFENSE ACT AND OTHER PROVISIONS.

(a) REPEAL OF PROVISIONS OF THE ATOMIC ENERGY DEFENSE
ACT.—
(1) IN GENERAL.—The Atomic Energy Defense Act (50
U.S.C. 2501 et seq.) is amended—
(A) in title XLII—
(i) in subtitle A, by striking section 4215; and
(ii) in subtitle B, by striking section 4235; and
(B) in title XLIV—
(i) in subtitle A, by striking section 4403;
(ii) in subtitle C, by striking sections 4444, 4445,
and 4446; and
(iii) in subtitle D, by striking section 4454.
(2) CLERICAL AMENDMENT.—The table of contents for the
Atomic Energy Defense Act is amended by striking the items
relating to sections 4215, 4235, 4403, 4444, 4445, 4446, and
4454.
(b) REPEAL OF OTHER PROVISIONS.—
(1) AUTHORITY TO USE INTERNATIONAL NUCLEAR MATERIALS
PROTECTION AND COOPERATION PROGRAM FUNDS OUTSIDE THE
FORMER SOVIET UNION.—Section 3124 of the National Defense

Authorization Act for Fiscal Year 2004 (50 U.S.C. 2568) is
repealed.
(2) SILK ROAD INITIATIVE; NUCLEAR NONPROLIFERATION
FELLOWSHIPS.—Sections 3133 and 3134 of the Ronald W.
Reagan National Defense Authorization Act for Fiscal Year
2005 (50 U.S.C. 2570, 2571) are repealed.
(3) REQUIREMENT FOR RESEARCH AND DEVELOPMENT PLAN
AND REPORT WITH RESPECT TO NUCLEAR FORENSICS CAPABILITIES.—Section 3114 of the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009 (50 U.S.C. 2574) is
repealed.

TITLE XXXII—DEFENSE NUCLEAR
FACILITIES SAFETY BOARD
Sec. 3201. Authorization.
Sec. 3202. Continuation of functions and powers during loss of quorum.
SEC. 3201. AUTHORIZATION.

There are authorized to be appropriated for fiscal year 2023,
$41,401,400 for the operation of the Defense Nuclear Facilities
Safety Board under chapter 21 of the Atomic Energy Act of 1954
(42 U.S.C. 2286 et seq.).
SEC. 3202. CONTINUATION OF FUNCTIONS AND POWERS DURING LOSS
OF QUORUM.

Section 311(e) of the Atomic Energy Act of 1954 (42 U.S.C.
2286(e)) is amended—
(1) by striking ‘‘Three members’’ and inserting ‘‘(1) Three
members’’; and
(2) by adding at the end the following new paragraphs:
‘‘(2) In accordance with paragraph (4), during a covered period,
the Chairperson, in consultation with an eligible member, may
carry out the functions and powers of the Board under sections
312 through 316, notwithstanding that a quorum does not exist.

H. R. 7776—667
‘‘(3) Not later than 30 days after a covered period begins,
the Chairperson shall notify the congressional defense committees
that a quorum does not exist.
‘‘(4) The Chairperson may make recommendations to the Secretary of Energy and initiate investigations into defense nuclear
facilities under section 312 pursuant to paragraph (2) only if—
‘‘(A) a period of 30 days elapses following the date on
which the Chairperson submits the notification required under
paragraph (3);
‘‘(B) not later than 30 days after making any such recommendation or initiating any such investigation, the Chairperson notifies the congressional defense committees of such
recommendation or investigation; and
‘‘(C) any eligible member concurs with such recommendation or investigation.
‘‘(5) In this subsection:
‘‘(A) The term ‘congressional defense committees’ has the
meaning given such term in section 101(a) of title 10, United
States Code.
‘‘(B) The term ‘covered period’ means a period beginning
on the date on which a quorum specified in paragraph (1)
does not exist by reason of either or both a vacancy in the
membership of the Board or the incapacity of a member of
the Board and ending on the earlier of—
‘‘(i) the date that is one year after such beginning
date; or
‘‘(ii) the date on which a quorum exists.
‘‘(C) The term ‘eligible member’ means a member of the
Board, other than the Chairperson, serving during a covered
period and who is not incapacitated.’’.

TITLE XXXIV—NAVAL PETROLEUM
RESERVES
Sec. 3401. Authorization of appropriations.
SEC. 3401. AUTHORIZATION OF APPROPRIATIONS.

(a) AMOUNT.—There are hereby authorized to be appropriated
to the Secretary of Energy $13,004,000 for fiscal year 2023 for
the purpose of carrying out activities under chapter 869 of title
10, United States Code, relating to the naval petroleum reserves.
(b) PERIOD OF AVAILABILITY.—Funds appropriated pursuant to
the authorization of appropriations in subsection (a) shall remain
available until expended.

TITLE XXXV—MARITIME
ADMINISTRATION
Subtitle A—Maritime Administration
Sec. 3501. Authorization of appropriations for the Maritime Administration.
Sec. 3502. Secretary of Transportation responsibility with respect to cargoes procured, furnished, or financed by other Federal departments and agencies.

H. R. 7776—668
Subtitle B—Merchant Marine Academy
Sec. 3511. Exemption of certain students from requirement to obtain merchant
mariner license.
Sec. 3512. Board of Visitors.
Sec. 3513. Protection of cadets from sexual assault onboard vessels.
Sec. 3514. Service academy faculty parity of use of United States Government
works.
Sec. 3515. Reports on matters relating to the United States Merchant Marine
Academy.
Sec. 3516. Study on Capital Improvement Program at the USMMA.
Sec. 3517. Requirements relating to training of Merchant Marine Academy cadets
on certain vessels.
Sec.
Sec.
Sec.
Sec.

3521.
3522.
3523.
3524.

Sec. 3525.
Sec. 3526.
Sec. 3527.
Sec. 3528.
Sec. 3529.

Sec.
Sec.
Sec.
Sec.

3531.
3532.
3533.
3534.

Subtitle C—Maritime Infrastructure
United States marine highway program.
Port infrastructure development grants.
Project selection criteria for port infrastructure development program.
Infrastructure improvements identified in the report on strategic seaports.
GAO review of Government efforts to promote growth and modernization
of United States Merchant Fleet.
GAO review of Federal efforts to enhance port infrastructure resiliency
and disaster preparedness.
Study on foreign investment in shipping.
Report on alternate marine fuel bunkering facilities at ports.
Study of cybersecurity and national security threats posed by foreign
manufactured cranes at United States ports.
Subtitle D—Maritime Workforce
Improving Protections for Midshipmen.
Maritime Technical Advancement Act.
Ensuring diverse mariner recruitment.
Low emissions vessels training.

Subtitle E—Other Matters
Waiver of navigation and vessel inspection laws.
National maritime strategy.
Maritime Environmental and Technical Assistance Program.
Definition of qualified vessel.
Establishing a capital construction fund.
Recapitalization of National Defense Reserve Fleet.
Sense of Congress on Merchant Marine.
Analysis of effects of chemicals in stormwater runoff on Pacific salmon
and steelhead.
Sec. 3549. Report on effective vessel quieting measures.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

3541.
3542.
3543.
3544.
3545.
3546.
3547.
3548.

Subtitle A—Maritime Administration
SEC. 3501. AUTHORIZATION OF APPROPRIATIONS FOR THE MARITIME
ADMINISTRATION.

(a) MARITIME ADMINISTRATION.—There are authorized to be
appropriated to the Department of Transportation for fiscal year
2023, for programs associated with maintaining the United States
Merchant Marine, the following amounts:
(1) For expenses necessary to support the United States
Merchant Marine Academy, $112,848,000, of which—
(A) $87,848,000 shall be for Academy operations;
(B) $22,000,000 shall be for facilities maintenance and
repair and equipment; and
(C) $3,000,000 shall be for training, staffing, retention,
recruiting, and contract management for United States
Merchant Marine Academy capital improvement projects.
(2) For expenses necessary to support the State maritime
academies, $53,780,000, of which—

H. R. 7776—669
(A) $2,400,000 shall be for the Student Incentive Program;
(B) $6,000,000 shall be for direct payments for State
maritime academies;
(C) $6,800,000 shall be for training ship fuel assistance;
(D) $8,080,000 shall be for offsetting the costs of
training ship sharing; and
(E) $30,500,000 shall be for maintenance and repair
of State maritime academy training vessels.
(3) For expenses necessary to support the National Security
Multi-Mission Vessel Program, including funds for construction
and necessary expenses to construct shoreside infrastructure
to support such vessels, $75,000,000.
(4) For expenses necessary to support Maritime Administration operations and programs, $131,433,000, of which—
(A) $15,000,000 shall be for the Maritime Environmental and Technical Assistance program authorized under
section 50307 of title 46, United States Code;
(B) $30,000,000 shall be for shall be for the Maritime
Centers of Excellence, including to make grants authorized
under Section 51706 of title 46, United States Code;
(C) $15,000,000 shall be for the Marine Highways Program, including to make grants as authorized under section
55601 of title 46, United States Code;
(D) $67,433,000 shall be for headquarters operations
expenses;
(E) $2,000,000 shall be for expenses necessary to provide for sealift contested environment evaluation;
(F) $800,000 shall be for expenses necessary to provide
for National Defense Reserve Fleet resiliency; and
(G) $1,200,000 shall be for expenses necessary to provide for a comprehensive evaluation to assess the requirements for the training ship State of Michigan.
(5) For expenses necessary for the disposal of obsolete
vessels in the National Defense Reserve Fleet of the Maritime
Administration, $6,000,000.
(6) For expenses necessary to maintain and preserve a
United States flag merchant marine to serve the national security needs of the United States under chapter 531 of title
46, United States Code, $318,000,000.
(7) For expenses necessary for the loan guarantee program
authorized under chapter 537 of title 46, United States Code,
$33,000,000, of which—
(A) $30,000,000 may be for the cost (as defined in
section 502(5) of the Federal Credit Reform Act of 1990
(2 U.S.C. 661a(5))) of loan guarantees under the program;
and
(B) $3,000,000 may be used for administrative expenses
relating to loan guarantee commitments under the program.
(8) For expenses necessary to provide assistance to small
shipyards and for maritime training programs authorized under
section 54101 of title 46, United States Code, $30,000,000.
(9) For expenses necessary to implement the Port Infrastructure Development Program, as authorized under section
54301 of title 46, United States Code, $750,000,000, to remain
available until expended, except that no such funds authorized

H. R. 7776—670
under this title for this program may be used to provide a
grant to purchase fully automated cargo handling equipment
that is remotely operated or remotely monitored with or without
the exercise of human intervention or control, if the Secretary
of Transportation determines such equipment would result in
a net loss of jobs within a port or port terminal. If such
a determination is made, the data and analysis for such determination shall be reported to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee
on Transportation and Infrastructure of the House of Representatives not later than 3 days after the date of the determination.
(b) TANKER SECURITY PROGRAM.—
(1) FUNDING.—Section 53411 of title 46, United States
Code, is amended by striking ‘‘through 2035’’ and inserting
‘‘and 2023, and $120,000,000 for fiscal years 2024 through
2035’’.
(2) INCREASE IN NUMBER OF VESSELS.—Section 53403(c)
of title 46, United States Code, is amended—
(A) by striking ‘‘For any fiscal year, the Secretary’’
and inserting ‘‘The Secretary’’;
(B) by striking ‘‘more than 10 vessels’’ and inserting
‘‘more than—’’; and
(C) by adding at the end the following new paragraphs:
‘‘(1) for each of fiscal years 2022 and 2023, 10 vessels;
and
‘‘(2) for any subsequent fiscal year, 20 vessels.’’.
(c) REPORT.—Not later than June 30, 2023, the Maritime
Administrator shall prepare and submit to the Committees on
Armed Services of the House of Representatives and of the Senate,
to the Committee on Transportation and Infrastructure of the House
of Representatives, and to the Committee on Commerce, Science,
and Transformation of the Senate a report that includes the following:
(1) An assessment of industry capacity to support an expansion of the Tanker Security Program pursuant to section 53411
of title 46, United States Code, as amended by subsection
(b)(1), and section 53403(c) of title 46, United States Code,
as amended by subsection (b)(2).
(2) An implementation timeline for entering 10-vessels into
the Tanker Security Program not later than September 30,
2023, including all vessel conversion requirements, and crew
training requirements.
(3) An implementation timeline for entering 20-vessels into
the Tanker Security Program not later than September 30,
2024, including all vessel conversion requirements, and crew
training requirements.
(4) An assessment of whether the $6,000,000 per-vessel
stipend meets requirements to attract and sustain the full
20-vessel requirement for the Tanker Security Program.
(5) An assessment of the need for additional authorities
to offset the costs associated with converting vessels into
CONSOL-capable vessels, and to offset the costs associated
with training the crews to operate such vessels.
(6) Other matters the Administrator deems appropriate.

H. R. 7776—671
SEC. 3502. SECRETARY OF TRANSPORTATION RESPONSIBILITY WITH
RESPECT TO CARGOES PROCURED, FURNISHED, OR
FINANCED BY OTHER FEDERAL DEPARTMENTS AND
AGENCIES.

(a) IN GENERAL.—Not later than 270 days after the date of
the enactment of this Act, the Administrator of the Maritime
Administration shall issue a final rule to implement and enforce
section 55305(d) of title 46, United States Code.
(b) PROGRAMS OF OTHER AGENCIES.—Section 55305(d)(2)(A) of
title 46, United States Code, is amended by inserting after ‘‘section’’
the following: ‘‘and annually submit to the Committee on Transportation and Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the Senate
a report on the administration of such programs’’.

Subtitle B—Merchant Marine Academy
SEC. 3511. EXEMPTION OF CERTAIN STUDENTS FROM REQUIREMENT
TO OBTAIN MERCHANT MARINER LICENSE.

Section 51309 of title 46, United States Code, is amended—
(1) in subsection (a)(2)—
(A) by inserting ‘‘able or’’ before ‘‘allowed’’;
(B) by striking ‘‘only because of physical disqualification may’’ and inserting ‘‘solely due to a documented medical or psychological condition shall’’; and
(C) in the paragraph heading, by inserting ‘‘OR PSYCHOLOGICAL’’ after ‘‘PHYSICAL’’; and
(2) by adding at the end the following new subsection:
‘‘(d) DEFINITION OF DOCUMENTED MEDICAL OR PSYCHOLOGICAL
CONDITION.—In this section the term ‘documented medical or
psychological condition’ means, with respect to an individual, a
physical disqualification or psychological condition, including a
mental health condition arising from sexual assault or sexual
harassment, for which the individual has been treated or is being
treated by a medical or psychological provider.’’.
SEC. 3512. BOARD OF VISITORS.

Section 51312 of title 46, United States Code, is amended—
(1) in subsection (b)—
(A) in paragraph (2)—
(i) by redesignating subparagraph (C) as subparagraph (D);
(ii) in subparagraph (D), as so redesignated, by
striking ‘‘flag-rank who’’ and inserting ‘‘flag-rank’’;
(iii) in subparagraph (B), by striking ‘‘and’’ after
the semicolon; and
(iv) by inserting after subparagraph (B) the following:
‘‘(C) at least 1 shall be a representative of a maritime
labor organization; and’’; and
(B) in paragraph (3), by adding at the end the following:
‘‘(C) REPLACEMENT.—If a member of the Board is
replaced, not later than 60 days after the date of the
replacement, the Designated Federal Officer selected under
subsection (g)(2) shall notify that member.’’;
(2) in subsection (d)—

H. R. 7776—672
(A) in paragraph (1), by inserting ‘‘and 2 additional
meetings, which may be held in person or virtually’’ after
‘‘Academy’’; and
(B) by adding at the end the following:
‘‘(3) SCHEDULING; NOTIFICATION.—When scheduling a
meeting of the Board, the Designated Federal Officer shall
coordinate, to the greatest extent practicable, with the members
of the Board to determine the date and time of the meeting.
Members of the Board shall be notified of the date of each
meeting not less than 30 days prior to the meeting date.’’;
(3) in subsection (e), by adding at the end the following:
‘‘(4) STAFF.—One or more staff of each member of the
Board may accompany them on Academy visits.
‘‘(5) SCHEDULING; NOTIFICATION.—When scheduling a visit
to the Academy, the Designated Federal Officer shall coordinate, to the greatest extent practicable, with the members
of the Board to determine the date and time of the visit.
Members of the Board shall be notified of the date of each
visit not less than 30 days prior to the visit date.’’; and
(4) in subsection (h)—
(A) by inserting ‘‘and ranking member’’ after ‘‘chairman’’ each place the term appears; and
(B) by adding at the end the following: ‘‘Such staff
may attend meetings and may visit the Academy.’’.
SEC. 3513. PROTECTION OF CADETS FROM SEXUAL ASSAULT ONBOARD
VESSELS.

(a) IN GENERAL.—Section 51322 of title 46, United States Code,
is amended—
(1) by striking subsection (a) and inserting the following:
‘‘(a) SAFETY CRITERIA.—The Maritime Administrator, after consulting with the Commandant of the Coast Guard, shall establish—
‘‘(1) criteria, to which an owner or operator of a vessel
engaged in commercial service shall adhere prior to carrying
a cadet performing their Sea Year service from the United
States Merchant Marine Academy, that addresses prevention
of, and response to, sexual harassment, dating violence,
domestic violence, sexual assault, and stalking; and
‘‘(2) a process for collecting pertinent information from
such owners or operators and verifying their compliance with
the criteria.
‘‘(b) MINIMUM STANDARDS.—At a minimum, the criteria established under subsection (a) shall require the vessel owners or operators to have policies that address—
‘‘(1) communication between a cadet and an individual
ashore who is trained in responding to incidents of sexual
harassment, dating violence, domestic violence, sexual assault,
and stalking;
‘‘(2) the safety and security of cadet staterooms while a
cadet is onboard the vessel;
‘‘(3) requirements for crew to report complaints or incidents
of sexual assault, sexual harassment, dating violence, domestic
violence, and stalking consistent with the requirements in section 10104;
‘‘(4) the maintenance of records of reports of sexual harassment, dating violence, domestic violence, sexual assault, and
stalking onboard a vessel carrying a cadet;

H. R. 7776—673
‘‘(5) the maintenance of records of sexual harassment,
dating violence, domestic violence, sexual assault, and stalking
training as required under subsection (f);
‘‘(6) a requirement for the owner or operator provide each
cadet a copy of the policies and procedures related to sexual
harassment, dating violence, domestic violence, sexual assault,
and stalking policies that pertain to the vessel on which they
will be employed; and
‘‘(7) any other issues the Maritime Administrator determines necessary to ensure the safety of cadets during Sea
Year training.
‘‘(c) SELF-CERTIFICATION BY OWNERS OR OPERATORS.—The Maritime Administrator shall require the owner or operator of any
commercial vessel that is carrying a cadet from the United States
Merchant Marine Academy to annually certify that—
‘‘(1) the vessel owner or operator is in compliance with
the criteria established under subsection (a); and
‘‘(2) the vessel is in compliance with the International
Convention of Safety of Life at Sea, 1974 (32 UST 47) and
sections 8106 and 70103(c).
‘‘(d) INFORMATION, TRAINING, AND RESOURCES.—The Maritime
Administrator shall ensure that a cadet participating in Sea Year—
‘‘(1) receives training specific to vessel safety, including
sexual harassment, dating violence, domestic violence, sexual
assault, and stalking prevention and response training, prior
to the cadet boarding a vessel for Sea Year training;
‘‘(2) is equipped with an appropriate means of communication and has been trained on its use;
‘‘(3) has access to a helpline to report incidents of sexual
harassment, dating violence, domestic violence, sexual assault,
or stalking that is monitored by trained personnel; and
‘‘(4) is informed of the legal requirements for vessel owners
and operators to provide for the security of individuals onboard,
including requirements under section 70103(c) and chapter 81.’’;
(2) by redesignating subsections (b) through (d) as subsections (e) through (g), respectively;
(3) in subsection (e), as so redesignated, by striking paragraph (2) and inserting the following new paragraphs:
‘‘(2) ACCESS TO INFORMATION.—The vessel operator shall
make available to staff conducting a vessel check such information as the Maritime Administrator determines is necessary
to determine whether the vessel is being operated in compliance
with the criteria established under subsection (a).
‘‘(3) REMOVAL OF STUDENTS.—If staff of the Academy or
staff of the Maritime Administration determine that a commercial vessel is not in compliance with the criteria established
under subsection (a), the staff—
‘‘(A) may remove a cadet of the Academy from the
vessel; and
‘‘(B) shall report such determination of non-compliance
to the owner or operator of the vessel.’’;
(4) in subsection (f), as so redesignated, by striking ‘‘or
the seafarer union’’ and inserting ‘‘and the seafarer union’’;
and
(5) by adding at the end the following:
‘‘(h) NONCOMMERCIAL VESSELS.—

H. R. 7776—674
‘‘(1) IN GENERAL.—A public vessel (as defined in section
2101) shall not be subject to the requirements of this section.
‘‘(2) REQUIREMENTS FOR PARTICIPATION.—The Maritime
Administrator may establish criteria and requirements that
the operators of public vessels shall meet to participate in
the Sea Year program of the United States Merchant Marine
Academy that addresses prevention of, and response to, sexual
harassment, dating violence, domestic violence, sexual assault,
and stalking.
‘‘(i) SHARING OF BEST PRACTICES.—The Maritime Administrator
shall share with State maritime academies best practices for, and
lessons learned with respect to, the prevention of, and response
to, sexual harassment, dating violence, domestic violence, sexual
assault, and stalking.’’.
(b) REGULATIONS.—
(1) IN GENERAL.—The Maritime Administrator may prescribe rules necessary to carry out the amendments made by
this section.
(2) INTERIM RULES.—The Maritime Administrator may prescribe interim rules necessary to carry out the amendments
made by this section. For this purpose, the Maritime Administrator in prescribing rules under paragraph (1) is excepted
from compliance with the notice and comment requirements
of section 553 of title 5, United States Code. All rules prescribed
under the authority of the amendments made by this section
shall remain in effect until superseded by a final rule.
(c) CONFORMING AMENDMENTS.—
(1) SEA YEAR COMPLIANCE.—Section 3514 of the National
Defense Authorization Act for Fiscal Year 2017 (46 U.S.C.
51318 note) is repealed.
(2) ACCESS OF ACADEMY CADETS TO DOD SAFE OR EQUIVALENT HELPLINE.—Section 3515 of the National Defense
Authorization Act for Fiscal Year 2018 (46 U.S.C. 51518 note)
is amended by striking subsection (b) and redesignating subsection (c) as subsection (b).
SEC. 3514. SERVICE ACADEMY FACULTY PARITY OF USE OF UNITED
STATES GOVERNMENT WORKS.

Section 105 of title 17, United States Code, is amended—
(1) in the heading of subsection (b), by striking ‘‘CERTAIN
OF WORKS ’’ and inserting ‘‘CERTAIN WORKS’’;
(2) in the first subsection (c) (relating to ‘‘Use by Federal
Government’’) by striking ‘‘The Secretary of Defense’’ and
inserting ‘‘A covered Secretary’’;
(3) by redesignating the second subsection (c) (relating
to ‘‘Definitions’’) as subsection (d); and
(4) in subsection (d), as redesignated by paragraph (3),
(A) in paragraph (2), by adding at the end the following:
‘‘(M) United States Merchant Marine Academy.’’;
(B) by redesignating paragraph (3) as paragraph (4);
and
(C) by inserting after paragraph (2) the following new
paragraph:
‘‘(3) The term ‘covered Secretary’ means—
‘‘(A) the Secretary of Transportation, with respect to
the United States Merchant Marine Academy;

H. R. 7776—675
‘‘(B) the Secretary of Homeland Security, with respect
to the United States Coast Guard Academy; or
‘‘(C) the Secretary of Defense, with respect to any
other covered institution under paragraph (2).’’.
SEC. 3515. REPORTS ON MATTERS RELATING TO THE UNITED STATES
MERCHANT MARINE ACADEMY.

(a) REPORT

ON

IMPLEMENTATION

OF

NAPA RECOMMENDA-

TIONS.—

(1) IN GENERAL.—In accordance with paragraph (3), the
Secretary of Transportation shall submit to the appropriate
congressional committees reports on the status of the
implementation of the recommendations specified in paragraph
(4).
(2) ELEMENTS.—Each report under paragraph (1) shall
include the following:
(A) A description of the status of the implementation
of each recommendation specified in paragraph (4),
including whether the Secretary—
(i) concurs with the recommendation;
(ii) partially concurs with the recommendation;
(iii) does not concur with the recommendation; or
(iv) determines the recommendation is not
applicable to the Department of Transportation.
(B) An explanation of—
(i) with respect to a recommendation with which
the Secretary concurs, the actions the Secretary
intends to take to implement such recommendation,
including—
(I) any rules, regulations, policies, or other
guidance that have been issued, revised, changed,
or cancelled as a result of the implementation
of the recommendation; and
(II) any impediments to the implementation
of the recommendation;
(ii) with respect to a recommendation with which
the Secretary partially concurs, the actions the Secretary intends to take to implement the portion of
such recommendation with which the Secretary concurs, including—
(I) intermediate actions, milestone dates, and
the expected completion date for the implementation of the portion of the recommendation; and
(II) any rules, regulations, policies, or other
guidance that are expected to be issued, revised,
changed, or cancelled as a result of the
implementation of the portion of the recommendation;
(iii) with respect to a recommendation with which
the Secretary does not concur, an explanation of why
the Secretary does not concur with such recommendation;
(iv) with respect to a recommendation that the
Secretary determines is not applicable to the Department of Transportation, an explanation of the reasons
for the determination; and
(v) any statutory changes that may be necessary—

H. R. 7776—676
(I) to fully implement the recommendations
specified in paragraph (4) with which the Secretary
concurs; or
(II) to partially implement the recommendations specified in such paragraph with which the
Secretary partially concurs.
(C) A visual depiction of the status of the completion
of the recommendations specified in paragraph (4).
(3) TIMING OF REPORTS.—The Secretary of Transportation
shall submit an initial report under paragraph (1) not later
than 180 days after the date of the enactment of this Act.
Following the submittal of the initial report, the Secretary
shall submit updated versions of the report not less frequently
than once every 180 days until the date on which the Secretary
submits to the appropriate congressional committees a certification that each recommendation specified in paragraph (4)—
(A) with which the Secretary concurs—
(i) has been fully implemented; or
(ii) cannot be fully implemented, including an
explanation of why; and
(B) with which the Secretary partially concurs—
(i) has been partially implemented; or
(ii) cannot be partially implemented, including an
explanation of why.
(4) RECOMMENDATIONS SPECIFIED.—The recommendations
specified in this paragraph are the recommendations set forth
in the report prepared by a panel of the National Academy
of Public Administration pursuant to section 3513 of the
National Defense Authorization Act for Fiscal Year 2020 (Public
Law 116–92; 133 Stat. 1979) titled ‘‘Organizational Assessment
of the U.S. Merchant Marine Academy: A Path Forward’’, dated
November 2021.
(b) REPORT ON IMPLEMENTATION OF POLICY RELATING TO
SEXUAL HARASSMENT AND OTHER MATTERS.—Not later than one
year after the date of the enactment of this Act, the Secretary
of Transportation shall submit to the appropriate congressional
committees a report on the status of the implementation of the
policy on sexual harassment, dating violence, domestic violence,
sexual assault, and stalking at the United States Merchant Marine
Academy, as required under section 51318 of title 46, United States
Code.
(c) INSPECTOR GENERAL AUDIT.—
(1) IN GENERAL.—Not later than 180 days after the date
of the enactment of this Act, the Inspector General of the
Department of Transportation shall initiate an audit of the
actions taken by the Maritime Administration to address only
the following recommendations identified by a National
Academy of Public Administration panel in the November 2021
report titled ‘‘Organizational Assessment of the United States
Merchant Marine Academy: A Path Forward’’:
(A) Recommendations 4.1 through 4.3.
(B) Recommendations 4.7 through 4.11.
(C) Recommendations 5.1 through 5.4.
(D) Recommendations 5.6, 5.7, 5.11, 5.14, 5.15, 5.16,
6.6, and 6.7.
(E) Recommendations 6.1 through 6.4.

H. R. 7776—677
(2) REPORT.—After the completion of the audit required
under paragraph (1), the Inspector General shall submit to
the appropriate congressional committees, and make publicly
available, a report containing the results of the audit.
(d) IMPLEMENTATION OF RECOMMENDATIONS FROM THE
NATIONAL ACADEMY OF PUBLIC ADMINISTRATION.—
(1) AGREEMENT FOR STUDY BY NATIONAL ACADEMY OF
PUBLIC ADMINISTRATION.—
(A) IN GENERAL.—Not later than 30 days after the
date of enactment of this Act, the Secretary of Transportation shall seek to enter into an agreement with the
National Academy of Public Administration (referred to
in this section as the ‘‘Academy’’) under which the Academy
shall provide support for—
(i) prioritizing and addressing the recommendations referred to subsection (c)(1) and establishing a
process for prioritizing other recommendations in the
future;
(ii) the development of—
(I) long-term processes and a timeframe for
long-term process improvements; and
(II) corrective actions and best practice criteria
that can be implemented in the medium- and nearterm;
(iii) the establishment of a clear assignment of
responsibility for the implementation of each recommendation referred to in subsection (c)(1), and a
strategy for assigning other recommendations in the
future; and
(iv) a performance measurement system, including
data collection and tracking and evaluating progress
toward goals of the Merchant Marine Academy.
(B) REPORT OF PROGRESS.—Not later than one year
after the date of an agreement entered into pursuant to
subparagraph (A), the Secretary of Transportation, in consultation with the Administrator of the Merchant Marine
Academy, shall submit to the Maritime Administrator and
the appropriate congressional committees a report on the
progress made in implementing the recommendations
referred to in subsection (c)(1).
(2) PRIORITIZATION AND IMPLEMENTATION PLAN.—
(A) IN GENERAL.—Not later than one year after the
date of enactment of this Act, the Maritime Administrator
shall submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Armed
Services of the House of Representatives a prioritization
and implementation plan to assess, prioritize, and address
the recommendations identified by the National Academy
of Public Administration panel in the November 2021
report titled ‘‘Organizational Assessment of the United
States Merchant Marine Academy: A Path Forward’’ that
Superintendent of the Merchant Marine Academy determines are relevant to the Maritime Administration,
including the recommendations referred to in subsection
(c)(1). The prioritization and implementation plan shall—

H. R. 7776—678
(i) be developed using the strategies, processes,
and systems developed pursuant to an agreement
entered into under paragraph (1);
(ii) include estimated timelines and cost estimates
for the implementation of priority goals;
(iii) include summaries of stakeholder and interagency engagement used to assess goals and timelines;
(iv) with respect to any recommendation the Superintendent determines is not relevant to the Maritime
Administration, include an explanation for the determination; and
(v) submitted to the Inspector General of the
Department of Transportation and the appropriate
congressional committees and made publicly available.
(B) AUDIT AND REPORT.—The Inspector General of the
Department of Transportation shall—
(i) not later than 180 days after the date on which
the prioritization and implementation plan described
in subparagraph (A) is made publicly available, initiate
an audit of the actions taken by the Maritime Administration to address such plan;
(ii) monitor the actions taken by the Maritime
Administration to implement recommendations contained in the audit required under clause (i) and in
prior audits of the Maritime Administration’s
implementation of National Academy of Public
Administration recommendations and periodically initiate subsequent audits of the continued actions taken
by the Maritime Administration to address the
prioritization and implementation plan, as the
Inspector General determines necessary; and
(iii) after the completion of the audit required
under clause (i), submit to the Administrator of the
Maritime Administration and the appropriate congressional committees, and make publicly available, a
report containing the results of the audit.
(C) REPORT OF PROGRESS.—Not later than 180 days
after the date on which the report required under clause
(ii) is made publicly available, and annually thereafter,
the Administrator of the Maritime Administration shall
submit to the Inspector General of the Department of
Transportation and the appropriate congressional committees a report that includes a description of—
(i) the actions planned to be taken by the Maritime
Administration, and estimated timeframes, to implement any open or unresolved recommendation—
(I) included in the report of the Inspector General required under subsection (B)(iii); or
(II) referred to in subsection (c)(1); and
(ii) an identification of any recommendation
referred to in clause (i) for which the Maritime
Administration failed to meet a target action date,
or for which the Maritime Administration requested
an extension of time, and the reasons why such an
extension was necessary.
(3) AGREEMENT FOR PLAN ON CAPITAL IMPROVEMENTS.—
Not later than 90 days after the date of the enactment of

H. R. 7776—679
this Act, the Maritime Administrator shall seek to enter into
an agreement with a Federal construction agent for the development of a plan to execute capital improvements at the United
States Merchant Marine Academy.
(e) APPROPRIATE CONGRESSIONAL COMMITTEES.—In this section,
the term ‘‘appropriate congressional committees’’ means—
(1) the Committee on Commerce, Science, and Transportation of the Senate;
(2) the Subcommittee on Transportation, Housing and
Urban Development, and Related Agencies of the Committee
on Appropriations of the Senate;
(3) the Committee on Transportation and Infrastructure
of the House of Representatives;
(4) the Subcommittee on Transportation, Housing and
Urban Development, and Related Agencies of the Committee
on Appropriations of the House of Representatives; and
(5) the Committee on Armed Services of the House of
Representatives.
SEC. 3516. STUDY ON CAPITAL IMPROVEMENT PROGRAM AT THE
USMMA.

(a) STUDY.—The Comptroller General of the United States shall
conduct a study of the United States Merchant Marine Academy
Capital Improvement Program. The study shall include an evaluation of—
(1) the actions the United States Merchant Marine
Academy has taken to bring the buildings, infrastructure, and
other facilities on campus into compliance with applicable
building codes and the further actions required for full compliance;
(2) how the approach that the United States Merchant
Marine Academy uses to manage its capital assets compares
with national leading practices;
(3) how cost estimates prepared for capital asset projects
compares with cost estimating leading practices;
(4) whether the United States Merchant Marine Academy
has adequate staff who are trained to identify needed capital
projects, estimate the cost of those projects, perform building
maintenance, and manage capital improvement projects; and
(5) how the United States Merchant Marine Academy
identifies and prioritizes capital construction needs, and how
the prioritization of such needs relates to the safety, education,
and wellbeing of midshipmen.
(b) REPORT.—Not later than 18 months after the date of the
enactment of this section, the Comptroller General shall submit
to the Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Transportation and Infrastructure
and the Committee on Armed Services of the House of Representatives a report containing the findings of the study conducted under
subsection (a).
SEC. 3517. REQUIREMENTS RELATING TO TRAINING OF MERCHANT
MARINE ACADEMY CADETS ON CERTAIN VESSELS.

(a) REQUIREMENTS RELATING TO PROTECTION OF CADETS FROM
SEXUAL ASSAULT ONBOARD VESSELS.—
(1) IN GENERAL.—Subsection (b) of section 51307 of title
46, United States Code, is amended to read as follows:
‘‘(b) SEA YEAR CADETS ON CERTAIN VESSELS.—

H. R. 7776—680
‘‘(1) REQUIREMENTS.—The Secretary shall require an operator of a vessel participating in the Maritime Security Program
under chapter 531 of this title, the Cable Security Fleet under
chapter 532 of this title, or the Tanker Security Fleet under
chapter 534 of this title to—
‘‘(A) carry on each Maritime Security Program vessel,
Cable Security Fleet vessel, or Tanker Security Fleet vessel
2 United States Merchant Marine Academy cadets, if available, on each voyage; and
‘‘(B) implement and adhere to policies, programs, criteria, and requirements established pursuant to section
51322 of this title.
‘‘(2) FAILURE TO IMPLEMENT OR ADHERE TO REQUIREMENTS.—Failure to implement or adhere to the policies, programs, criteria, and requirements referred to in paragraph
(1) may, as determined by the Maritime Administrator, constitute a violation of an operating agreement entered into under
chapter 531, 532, or 534 of this title and the Maritime Administrator may—
‘‘(A) require the operator to take corrective actions;
or
‘‘(B) withhold payment due to the operator until the
violation, as determined by the Maritime Administrator,
has been remedied.
‘‘(3) WITHHELD PAYMENTS.—Any payment withheld pursuant to paragraph (2)(B) may be paid, upon a determination
by the Maritime Administrator that the operator is in compliance with the policies, programs, criteria, and requirements
referred to in paragraph (1).’’.
(2) APPLICABILITY.—Paragraph (2) of subsection (b) of section 51307, as amended by paragraph (1), shall apply with
respect to any failure to implement or adhere to the policies,
programs, criteria, and requirements referred to in paragraph
(1)(B) of such subsection that occurs on or after the date that
is one year after the date of the enactment of this Act.
(b) CONFORMING AMENDMENTS.—Title 46, United States Code,
is further amended—
(1) in section 53106(a)(2), by inserting ‘‘or section 51307(b)’’
after ‘‘this section’’;
(2) in section 53206(a)(2), by inserting ‘‘or section 51307(b)’’
after ‘‘this section’’; and
(3) in section 53406(a), by inserting ‘‘or section 51307(b)’’
after ‘‘this section’’.

Subtitle C—Maritime Infrastructure
SEC. 3521. UNITED STATES MARINE HIGHWAY PROGRAM.

(a) UNITED STATES MARINE HIGHWAY PROGRAM.—
(1) IN GENERAL.—Section 55601 of title 46, United States
Code, is amended to read as follows:
‘‘§ 55601. United States marine highway program
‘‘(a) ESTABLISHMENT.—
‘‘(1) IN GENERAL.—There is in the Department of Transportation a program, to be known as the ‘United States marine
highway program’.

H. R. 7776—681
‘‘(2) ADDITIONAL PROGRAM ACTIVITIES.—In carrying out the
program established under this subsection, the Secretary of
Transportation may—
‘‘(A) coordinate with ports, State departments of
transportation, localities, other public agencies, and appropriate private sector entities on the development of landside
facilities and infrastructure to support marine highway
transportation; and
‘‘(B) develop performance measures for the program.
‘‘(b) MARINE HIGHWAY TRANSPORTATION ROUTES.—
‘‘(1) DESIGNATION.—The Secretary may designate a route
as a marine highway transportation route, or modify such a
designation, if—
‘‘(A) such route—
‘‘(i) provides a coordinated and capable alternative
to landside transportation;
‘‘(ii) mitigates or relieves landside congestion;
‘‘(iii) promotes marine highway transportation; or
‘‘(iv) uses vessels documented under chapter 121;
and
‘‘(B) such designation or modification is requested by—
‘‘(i) the government of a State or territory;
‘‘(ii) a metropolitan planning organization;
‘‘(iii) a port authority;
‘‘(iv) a non-Federal navigation district; or
‘‘(v) a Tribal government.
‘‘(2) DETERMINATION.—Not later than 180 days after the
date on which the Maritime Administrator receives a request
for the designation or modification of a marine highway route
under paragraph (1), the Maritime Administrator shall make
a determination of whether to make the requested designation
or modification.
‘‘(3) NOTIFICATION.—Not later than 14 days after the date
on which the Maritime Administrator makes a determination
under paragraph (2), the Maritime Administrator shall notify
the requester of the determination.
‘‘(c) MAP OF MARINE HIGHWAY PROGRAM ROUTES.—
‘‘(1) IN GENERAL.—The Maritime Administrator shall make
publicly available a map showing the location of marine highway routes, including such routes along the coasts, in the
inland waterways, and at sea and update that map when
a marine highway route is designated or modified pursuant
to subsection (b).
‘‘(2) COORDINATION.—The Maritime Administrator shall
coordinate with the Administrator of the National Oceanic and
Atmospheric Administration to incorporate the map referred
to in paragraph (1) into the Marine Cadastre.
‘‘(d) ASSISTANCE.—
‘‘(1) IN GENERAL.—The Secretary may make grants to, or
enter into contracts or cooperative agreements with, eligible
entities to implement a marine highway transportation project
or a component of such a project if the Secretary determines
that the project or component—
‘‘(A) meets the criteria referred to in subsection
(b)(1)(A); and
‘‘(B) develops, expands, or promotes—
‘‘(i) marine highway transportation; or

H. R. 7776—682
‘‘(ii) shipper use of marine highway transportation.
‘‘(2) APPLICATION.—
‘‘(A) IN GENERAL.—To be eligible to receive a grant
or to enter into a contract or cooperative agreement under
this subsection, an eligible entity shall submit to the Secretary an application in such form and manner, and at
such time, as the Secretary may require. Such an application shall include the following:
‘‘(i) A comprehensive description of—
‘‘(I) the marine highway route to be served
by the marine highway transportation project;
‘‘(II) the supporters of the marine highway
transportation project, which may include business
affiliations, private sector stakeholders, State
departments of transportation, metropolitan planning organizations, municipalities, or other governmental entities (including Tribal governments), as
applicable;
‘‘(III) the need for such project; and
‘‘(IV) the performance measure for the marine
highway transportation project, such as volumes
of cargo or passengers moved, or contribution to
environmental mitigation, safety, reduced vehicle
miles traveled, or reduced maintenance and repair
costs.
‘‘(ii) A demonstration, to the satisfaction of the
Secretary, that—
‘‘(I) the marine highway transportation project
is financially viable; and
‘‘(II) the funds or other assistance provided
under this subsection will be spent or used efficiently and effectively.
‘‘(iii) Such other information as the Secretary may
require.
‘‘(B) PRE-PROPOSAL.—
‘‘(i) IN GENERAL.—Prior to accepting a full application under subparagraph (A), the Secretary may
require that an eligible entity first submit a pre-proposal that contains a brief description of the item
referred to in clauses (i) through (iii) of such subparagraph.
‘‘(ii) FEEDBACK.—Not later than 30 days after
receiving a pre-proposal under clause (i) from an
eligible entity, the Secretary shall provide to the
eligible entity feedback to encourage or discourage the
eligible entity from submitting a full application. An
eligible entity may still submit a full application even
if that eligible entity is not encouraged to do so after
submitting a pre-proposal.
‘‘(C) PROHIBITION.—The Secretary may not require
separate applications for project designation and for assistance under this section.
‘‘(D) GRANT APPLICATION FEEDBACK.—Following the
award of assistance under this subsection for a particular
fiscal year, the Secretary may provide feedback to an
applicant to help such applicant improve future applications if the feedback is requested by that applicant.

H. R. 7776—683
‘‘(3) TIMING.—
‘‘(A) NOTICE OF FUNDING OPPORTUNITY.—The Secretary
shall post a notice of funding opportunity regarding grants,
contracts, or cooperative agreements under this subsection
not more than 60 days after the date of the enactment
of the appropriations Act for the fiscal year concerned.
‘‘(B) AWARDING OF ASSISTANCE.— The Secretary shall
award grants, contracts, or cooperative agreements under
this subsection not later than 270 days after the date
of the enactment of the appropriations Act for the fiscal
year concerned.
‘‘(4) NON-FEDERAL SHARE.—
‘‘(A) IN GENERAL.—Except as provided in subparagraph
(B), not more than 80 percent of the funding for any project
for which funding is provided under this subsection may
come from Federal sources.
‘‘(B) TRIBAL GOVERNMENTS AND RURAL AREAS.—The
Secretary may increase the Federal share of funding for
the project to an amount above 80 percent in the case
of an award of assistance under this subsection—
‘‘(i) to an eligible entity that is a Tribal government; or
‘‘(ii) for a project located in a rural area.
‘‘(5) PREFERENCE FOR FINANCIALLY VIABLE PROJECTS.— In
awarding grants or entering into contracts or cooperative agreements under this subsection, the Secretary shall give a preference to a project or component of a project that presents
the most financially viable transportation service and require
the lowest percentage of Federal share of the funding.
‘‘(6) TREATMENT OF UNEXPENDED FUNDS.—Notwithstanding
paragraph (3)(B), amounts awarded under this subsection that
are not expended by the recipient within five years after obligation of funds or that are returned shall remain available to
the Secretary to make grants and enter into contracts and
cooperative agreements under this subsection.
‘‘(7) CONDITIONS ON PROVISION OF ASSISTANCE.—The Secretary may not provide assistance to an eligible entity under
this subsection unless the Secretary determines that—
‘‘(A) sufficient funding is available to meet the nonFederal share requirement under paragraph (4);
‘‘(B) the marine highway project for which such assistance is provided will be completed without unreasonable
delay; and
‘‘(C) the eligible entity has the authority to implement
the proposed marine highway project.
‘‘(8) PROHIBITED USES.—Assistance provided under this subsection may not be used—
‘‘(A) to improve port or land-based infrastructure outside the United States; or
‘‘(B) unless the Secretary determines that such activities are necessary to carry out the marine highway project
for which such assistance is provided, to raise sunken
vessels, construct buildings or other physical facilities, or
acquire land.

H. R. 7776—684
‘‘(9) GEOGRAPHIC DISTRIBUTION.—In making grants, contracts, and cooperative agreements under this section the Secretary shall take such measures so as to ensure an equitable
geographic distribution of funds.
‘‘(10) ELIGIBLE ENTITY.—In this subsection, the term
‘eligible entity’ means—
‘‘(A) a State, a political subdivision of a State, or a
local government;
‘‘(B) a United States metropolitan planning organization;
‘‘(C) a United States port authority;
‘‘(D) a Tribal government; or
‘‘(E) a United States private sector operator of marine
highway projects or private sector owners of facilities,
including an Alaska Native Corporation, with an endorsement letter from the requester of a marine highway route
designation or modification referred to in subsection
(b)(1)(B).’’.
(2) CLERICAL AMENDMENT.—The analysis for chapter 556
of title 46, United States Code, is amended by striking the
item relating to section 55601 and inserting the following:
‘‘55601. United States marine highway program.’’.

(b) MULTISTATE, STATE, TRIBAL, AND REGIONAL TRANSPORPLANNING.—
(1) IN GENERAL.—Chapter 556 of title 46, United States
Code, is amended by inserting after section 55602 the following:

TATION

‘‘§ 55603. Multistate, State, Tribal, and regional transportation planning
‘‘(a) IN GENERAL.—The Secretary, in consultation with Federal
entities, State and local governments, Tribal governments, and
appropriate private sector entities, may develop strategies to encourage the use of marine highway transportation for transportation
of passengers and cargo.
‘‘(b) STRATEGIES.—If the Secretary develops strategies under
subsection (a), the Secretary may—
‘‘(1) assess the extent to which States, local governments,
and Tribal governments include marine highway transportation
and other marine transportation solutions in transportation
planning;
‘‘(2) encourage State and Tribal departments of transportation to develop strategies, where appropriate, to incorporate
marine highway transportation, ferries, and other marine
transportation solutions for regional and interstate transport
of freight and passengers in transportation planning; and
‘‘(3) encourage groups of States, Tribal governments, and
multistate transportation entities to determine how marine
highways can address congestion, bottlenecks, and other interstate transportation challenges.’’.
(2) CLERICAL AMENDMENT.—The analysis for chapter 556
of title 46, United States Code, is amended by striking the
item relating to section 55603 and inserting the following:
‘‘55603. Multistate, State, Tribal, and regional transportation planning.’’.

(c) RESEARCH ON MARINE HIGHWAY TRANSPORTATION.—Section
55604 of title 46, United States Code, is amended—

H. R. 7776—685
(1) by redesignating paragraphs (1) through (3) as paragraphs (3) through (5), respectively; and
(2) by inserting before paragraph (3), as redesignated by
paragraph (1), the following new paragraphs:
‘‘(1) the economic effects of marine highway transportation
on the United States economy;
‘‘(2) the effects of marine highway transportation, including
with respect to the provision of additional transportation
options, on rural areas;’’.
(d) DEFINITIONS.—
(1) IN GENERAL.—Section 55605 of title 46, United States
Code, is amended to read as follows: ‘‘
‘‘§ 55605. Definitions
‘‘In this chapter:
‘‘(1) The term ‘marine highway transportation’ means the
carriage by a documented vessel of cargo (including such carriage of cargo and passengers), if such cargo—
‘‘(A) is—
‘‘(i) contained in intermodal cargo containers and
loaded by crane on the vessel;
‘‘(ii) loaded on the vessel by means of wheeled
technology, including roll-on roll-off cargo;
‘‘(iii) shipped in discrete units or packages that
are handled individually, palletized, or unitized for
purposes of transportation;
‘‘(iv) bulk, liquid, or loose cargo loaded in tanks,
holds, hoppers, or on deck; or
‘‘(v) freight vehicles carried aboard commuter ferry
boats; and
‘‘(B) is—
‘‘(i) loaded at a port in the United States and
unloaded either at another port in the United States
or at a port in Canada or Mexico; or
‘‘(ii) loaded at a port in Canada or Mexico and
unloaded at a port in the United States.
‘‘(2) The term ‘‘Tribal government’’ means the recognized
governing body of any Indian or Alaska Native Tribe, band,
nation, pueblo, village, community, component band, or component reservation, individually identified (including parenthetically) in the list published most recently, as of the date of
enactment of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023, pursuant to section 104 of the
Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C.
5131).
‘‘(3) The term ‘Alaska Native Corporation’ has the meaning
given the term ‘Native Corporation’ under section 3 of the
Alaska Native Claims Settlement Act (43 U.S.C. 1602).’’.
(2) CLERICAL AMENDMENT.—The analysis for chapter 556
of title 46, United States Code, is amended by striking the
item relating to section 55605 and inserting the following:
‘‘55605. Definitions.’’.

(e) REPORT ON MARITIME HIGHWAY TRANSPORTATION IN GULF
MEXICO AND PUGET SOUND.—Not later than one year after
the date of the enactment of this Act, the Maritime Administrator
shall submit to the Committee on Transportation and Infrastructure
of the House of Representatives and the Committee on Commerce,

OF

H. R. 7776—686
Science and Transportation of the Senate a report on opportunities
for maritime highway transportation, as that term is defined section
55605(1) of title 46, United States Code, as amended by this section,
in the Gulf of Mexico, Puget Sound, and Salish Sea System by
vessels documented under chapter 121 of title 46, united States
Code.
(f) DEADLINE FOR PUBLIC AVAILABILITY OF MAP.—Not later
than 120 days after the date of the enactment of this Act, the
Maritime Administration shall make publicly available the map
of marine highway program routes required to be made publicly
available under subsection (c) of section 55601 of title 46, United
States Code, as amended by this section.
SEC. 3522. PORT INFRASTRUCTURE DEVELOPMENT GRANTS.

(a) IN GENERAL.—In making port infrastructure development
grants under section 54301 of title 46, United States Code, for
fiscal year 2023, the Secretary of Transportation shall treat a project
described in subsection (b) as an eligible project under section
54301(a)(3) of such title for purposes of making grants under section
54301(a) of such title.
(b) PROJECT DESCRIBED.—A project described in this subsection
is a project to provide shore power at a port that services—
(1) passenger vessels described in section 3507(k) of title
46, United States Code; and
(2) vessels that move goods or freight.
SEC. 3523. PROJECT SELECTION CRITERIA FOR PORT INFRASTRUCTURE DEVELOPMENT PROGRAM.

In making port infrastructure development grants under section
54301 of title 46, United States Code, for fiscal year 2023, in
considering the criteria under subparagraphs (A)(ii) and (B)(ii) of
paragraph (6) of subsection (a) with respect to a project described
in paragraph (3) of such subsection that is located in a noncontiguous State or territory, the Secretary may take into account—
(1) the geographic isolation of the State or territory; and
(2) the economic dependence of the State or territory on
the proposed project.
SEC. 3524. INFRASTRUCTURE IMPROVEMENTS IDENTIFIED IN THE
REPORT ON STRATEGIC SEAPORTS.

In making port infrastructure development grants under section
54301 of title 46, United States Code, for fiscal year 2023, the
Secretary may consider infrastructure improvements identified in
the report on strategic seaports required by section 3515 of the
National Defense Authorization Act for Fiscal Year 2020 (Public
Law 116–92; 133 Stat. 1985) that would improve the commercial
operations of those seaports.
SEC. 3525. GAO REVIEW OF GOVERNMENT EFFORTS TO PROMOTE
GROWTH AND MODERNIZATION OF UNITED STATES MERCHANT FLEET.

(a) REVIEW.—The Comptroller General of the United States
shall conduct a review of the efforts of the United States Government to promote the growth and modernization of the United States
maritime industry and the vessels of the United States, as defined
in section 116 of title 46, United States Code, including the overall
efficacy of United States Government financial support and policies,

H. R. 7776—687
including the Capital Construction Fund, Construction Reserve
Fund, and other relevant loan, grant, or other programs.
(b) REPORT.—Not later than 18 months after the date of the
enactment of this Act, the Comptroller General of the United States
shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a report that
includes the results of a review required under subsection (a).
SEC. 3526. GAO REVIEW OF FEDERAL EFFORTS TO ENHANCE PORT
INFRASTRUCTURE
RESILIENCY
AND
DISASTER
PREPAREDNESS.

(a) REVIEW.—The Comptroller General of the United States
shall conduct a review of Federal efforts to assist ports in enhancing
the resiliency of key intermodal connectors to weather-related disasters. The review shall include an analysis of the following:
(1) Actions being undertaken at various ports to better
identify critical land-side connectors that may be vulnerable
to disruption in the event of a natural disaster, including how
to communicate such information during a disaster when
communications systems may be compromised, and the level
of Federal involvement in such actions.
(2) The extent to which the Department of Transportation
and other Federal agencies are working in line with recent
recommendations from key resiliency reports, including the
National Academies of Science study on strengthening supply
chain resilience, to establish a framework for ports to follow
to increase resiliency to major weather-related disruptions
before such disruptions happen.
(3) The extent to which the Department of Transportation
or other Federal agencies have provided funds to ports for
resiliency-related projects.
(4) The extent to which Federal agencies have a coordinated
approach to helping ports and the multiple State, local, Tribal,
and private stakeholders involved, to improve resiliency prior
to weather-related disasters.
(b) REPORT.—Not later than 18 months after the date of the
enactment of this Act, the Comptroller General shall submit to
the Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives a report containing the results
of the review required under subsection (a).
SEC. 3527. STUDY ON FOREIGN INVESTMENT IN SHIPPING.

(a) ASSESSMENT.—Subject to the availability of appropriations,
the Under Secretary of Commerce for International Trade (referred
to in this section as the ‘‘Under Secretary’’), in coordination with
the Maritime Administrator, the Commissioner of the Federal Maritime Commission, and the heads of other relevant agencies, shall
conduct an assessment of subsidies, indirect state support, and
other financial infrastructure or benefits provided by foreign states
that control more than one percent of the world merchant fleet
to entities or individuals building, owning, chartering, operating,
or financing vessels not documented under the laws of the United
States that are engaged in foreign commerce.
(b) REPORT.—Not later than one year after the date of the
enactment of this Act, the Under Secretary shall submit to the
appropriate committees of Congress, as defined in section 3515(e),

H. R. 7776—688
a report on the assessment conducted under subsection (a). Such
report shall include—
(1) the amount, in United States dollars, of subsidies,
indirect state support, and other financial infrastructure or
benefits provided by a foreign state described in subsection
(a) to—
(A) the shipping industry of each country as a whole;
(B) the shipping industry as a percent of gross domestic
product of each country; and
(C) each ship on average, by ship type for cargo, tanker,
and bulk;
(2) the amount, in United States dollars, of subsidies,
indirect state support, and other financial infrastructure or
benefits provided by a foreign state described in subsection
(a) to the shipping industry of another foreign state, including
favorable financial arrangements for ship construction;
(3) a description of the shipping industry activities of stateowned enterprises of a foreign state described in subsection
(a);
(4) a description of the type of support provided by a
foreign state described in subsection (a), including tax relief,
direct payment, indirect support of state-controlled financial
entities, or other such support, as determined by the Under
Secretary; and
(5) a description of how the subsidies provided by a foreign
state described in subsection (a) may be disadvantaging the
competitiveness of vessels documented under the laws of the
United States that are engaged in foreign commerce and the
national security of the United States.
(c) DEFINITIONS.—In this section:
(1) The term ‘‘foreign commerce’’ means—
(A) commerce or trade between the United States, its
territories or possessions, or the District of Columbia, and
a foreign country;
(B) commerce or trade between foreign countries; or
(C) commerce or trade within a foreign country.
(2) The term ‘‘foreign state’’ has the meaning given the
term in section 1603(a) of title 28, United States Code.
(3) The term ‘‘shipping industry’’ means the construction,
ownership, chartering, operation, or financing of vessels
engaged in foreign commerce.
SEC. 3528. REPORT ON ALTERNATE MARINE FUEL BUNKERING FACILITIES AT PORTS.

(a) IN GENERAL.—Not later than one year after the date of
enactment of this Act, the Maritime Administrator shall make
publicly available on an appropriate website a report on the necessary port-related infrastructure needed to support bunkering
facilities for liquefied natural gas, hydrogen, ammonia, or other
new marine fuels under development.
(b) CONTENTS.—The report required under subsection (a) shall
include—
(1) information about the existing United States infrastructure, in particular the storage facilities, bunkering vessels,
and transfer systems to support bunkering facilities for liquefied natural gas, hydrogen, ammonia, or other new marine
fuels under development;

H. R. 7776—689
(2) a review of the needed upgrades to United States infrastructure, including storage facilities, bunkering vessels, and
transfer systems, to support bunkering facilities for liquefied
natural gas, hydrogen, ammonia, or other new marine fuels
under development;
(3) an assessment of the estimated Government investment
in this infrastructure and the duration of that investment;
and
(4) in consultation with the heads of other relevant Federal
agencies, information on the relevant Federal agencies that
would oversee the permitting and construction of bunkering
facilities for liquefied natural gas, hydrogen, ammonia, or other
new marine fuels, as well as the Federal funding grants or
formula programs that could be used for such marine fuels.
SEC. 3529. STUDY OF CYBERSECURITY AND NATIONAL SECURITY
THREATS POSED BY FOREIGN MANUFACTURED CRANES
AT UNITED STATES PORTS.

(a) STUDY.—The Maritime Administrator, in consultation with
the Secretary of Homeland Security, the Secretary of Defense, and
the Director of the Cybersecurity and Infrastructure Security
Agency, shall conduct a study to assess whether there are cybersecurity or national security threats posed by foreign manufactured
cranes at United States ports.
(b) REPORT.—
(1) IN GENERAL.—Not later than one year after the date
of enactment of this Act, the Maritime Administrator shall
submit to the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Armed Services of
the Senate, the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Transportation
and Infrastructure of the House of Representatives, and the
Committee on Armed Services of the House of Representatives
a report containing the results of the study required under
subsection (a).
(2) FORM OF REPORT.—The report required under paragraph
(1) shall be submitted in unclassified form, but may include
a classified annex.

Subtitle D—Maritime Workforce
SEC. 3531. IMPROVING PROTECTIONS FOR MIDSHIPMEN.

(a) SUPPORTING THE UNITED STATES MERCHANT MARINE
ACADEMY.—Chapter 513 of title 46, United States Code, is amended
by adding at the end the following:
‘‘§ 51325. Sexual assault and sexual harassment prevention
information management system
‘‘(a) INFORMATION MANAGEMENT SYSTEM.—
‘‘(1) IN GENERAL.—Not later than January 1, 2023, the
Maritime Administrator shall establish within the United
States Merchant Marine Academy Sexual Assault prevention
and Response Program, an information management system
to track and maintain, in such a manner that patterns can
be reasonably identified, information regarding claims and
incidents involving cadets that are reportable pursuant to subsection (d) of section 51318 of this chapter.

H. R. 7776—690
‘‘(2) INFORMATION MAINTAINED IN THE SYSTEM.—Information maintained in the system established under paragraph
(1) shall include the following information, to the extent that
information is available:
‘‘(A) The overall number of sexual assault or sexual
harassment incidents per fiscal year.
‘‘(B) The location of each such incident, including vessel
name and the name of the company operating the vessel,
if applicable.
‘‘(C) The standardized job title or position of the
individuals involved in each such incident.
‘‘(D) The general nature of each such incident, to
include copies of any associated reports completed on the
incidents.
‘‘(E) The type of inquiry made into each such incident.
‘‘(F) A record of whether each such incident was
substantiated by the relevant investigative process.
‘‘(3) PAST INFORMATION INCLUDED.—The information
management system under this section shall include the relevant data listed in this subsection related to sexual assault
and sexual harassment that the Maritime Administrator possesses, and shall not be limited to data collected after January
1, 2023.
‘‘(4) PRIVACY PROTECTIONS.—The Maritime Administrator
and the Chief Information Officer of the Department of
Transportation shall coordinate to ensure that the information
management system under this section shall—
‘‘(A) be established and maintained in a secure fashion
to ensure the protection of the privacy of any individuals
whose information is entered in such system; and
‘‘(B) be free of personally identifiable information and
maintain only the data required to satisfy the statistical
purpose of such system.
‘‘(5) CYBERSECURITY AUDIT.—Ninety days after the
implementation of the information management system, the
Office of Inspector General of the Department of Transportation
shall commence an audit of the cybersecurity of the system
and shall submit a report containing the results of that audit
to the Committee on Commerce, Science, and Transportation
of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives.
‘‘(6) CORRECTING RECORDS.—In establishing the information
management system, the Maritime Administrator shall create
a process to ensure that if any incident report results in a
final agency action or final judgement that acquits an individual
of wrongdoing, all personally identifiable information about
the acquitted individual is removed from that incident report
in the system.
‘‘(b) SEA YEAR PROGRAM.—The Maritime Administrator shall
provide for the establishment of in-person and virtual confidential
exit interviews, to be conducted by personnel who are not involved
in the assignment of the midshipmen to a Sea Year vessel, for
midshipmen from the Academy upon completion of Sea Year and
following completion by the midshipmen of the survey under section
51322(d).
‘‘(c) DATA-INFORMED DECISIONMAKING.—The data maintained
in the data management system under subsection (a) and through

H. R. 7776—691
the exit interviews under subsection (b) shall be affirmatively referenced and used to inform the creation of new policy or regulation,
or changes to any existing policy or regulation, in the areas of
sexual harassment, dating violence, domestic violence, sexual
assault, and stalking.
‘‘§ 51326. Student advisory board at the United States Merchant Marine Academy
‘‘(a) IN GENERAL.—The Maritime Administrator shall establish
at the United States Merchant Marine Academy an advisory board
to be known as the Advisory Board to the Secretary of Transportation (referred to in this section as the ‘Advisory Board’).
‘‘(b) MEMBERSHIP.—The Advisory Board shall be composed of
not fewer than 12 midshipmen of the Merchant Marine Academy
who are enrolled at the Merchant Marine Academy at the time
of the appointment, including not fewer than 3 cadets from each
class.
‘‘(c) APPOINTMENT; TERM.—Midshipmen shall serve on the
Advisory Board pursuant to appointment by the Maritime Administrator. Appointments shall be made not later than 60 days after
the date of the swearing in of a new class of midshipmen at
the Academy. The term of membership of a midshipmen on the
Advisory Board shall be 1 academic year.
‘‘(d) REAPPOINTMENT.—The Maritime Administrator may
reappoint not more than 6 cadets from the previous term to serve
on the Advisory Board for an additional academic year if the Maritime Administrator determines such reappointment to be in the
best interests of the Merchant Marine Academy.
‘‘(e) MEETINGS.—The Advisory Board shall meet with the Secretary of Transportation not less than once each academic year
to discuss the activities of the Advisory Board. The Advisory Board
shall meet in person with the Maritime Administrator not less
than 2 times each academic year to discuss the activities of the
Advisory Board.
‘‘(f) DUTIES.—The Advisory Board shall—
‘‘(1) identify health and wellbeing, diversity, and sexual
assault and harassment challenges and other topics considered
important by the Advisory Board facing midshipmen at the
Merchant Marine Academy, off campus, and while aboard ships
during Sea Year or other training opportunities;
‘‘(2) discuss and propose possible solutions, including
improvements to culture and leadership development at the
Merchant Marine Academy; and
‘‘(3) periodically review the efficacy of the program in section 51325(b), as appropriate, and provide recommendations
to the Maritime Administrator for improvement.
‘‘(g) WORKING GROUPS.—The Advisory Board may establish one
or more working groups to assist the Advisory Board in carrying
out its duties, including working groups composed in part of midshipmen at the Merchant Marine Academy who are not current
members of the Advisory Board.
‘‘(h) REPORTS AND BRIEFINGS.—The Advisory Board shall regularly provide the Secretary of Transportation and the Maritime
Administrator reports and briefings on the results of its duties,
including recommendations for actions to be taken in light of such
results. Such reports and briefings may be provided in writing,
in person, or both.

H. R. 7776—692
‘‘§ 51327. Sexual Assault Advisory Council
‘‘(a) ESTABLISHMENT.—The Secretary of Transportation shall
establish a Sexual Assault Advisory Council (in this section referred
to as the ‘Council’).
‘‘(b) MEMBERSHIP.—
‘‘(1) IN GENERAL.—The Council shall be composed of not
fewer than 8 and not more than 14 individuals selected by
the Secretary of Transportation who are alumni that have
graduated within the last 4 years or current midshipmen of
the United States Merchant Marine Academy (including midshipmen or alumni who were victims of sexual assault, to
the maximum extent practicable, and midshipmen or alumni
who were not victims of sexual assault) and governmental
and nongovernmental experts and professionals in the sexual
assault field.
‘‘(2) EXPERTS INCLUDED.—The Council shall include—
‘‘(A) not less than 1 member who is licensed in the
field of mental health and has prior experience working
as a counselor or therapist providing mental health care
to survivors of sexual assault in a victim services agency
or organization; and
‘‘(B) not less than 1 member who has prior experience
developing or implementing sexual assault or sexual
harassment prevention and response policies in an academic setting.
‘‘(3) RULES REGARDING MEMBERSHIP.—No employee of the
Department of Transportation shall be a member of the Council.
The number of governmental experts appointed to the Council
shall not exceed the number of nongovernmental experts.
‘‘(c) DUTIES; AUTHORIZED ACTIVITIES.—
‘‘(1) IN GENERAL.—The Council shall meet not less often
than semiannually to—
‘‘(A) review—
‘‘(i) the policies on sexual harassment, dating
violence, domestic violence, sexual assault, and
stalking under section 51318 of this title;
‘‘(ii) the trends and patterns of data contained
in the system described under section 51325 of this
title; and
‘‘(iii) related matters the Council views as appropriate; and
‘‘(B) develop recommendations designed to ensure that
such policies and such matters conform, to the extent practicable, to best practices in the field of sexual assault
and sexual harassment response and prevention.
‘‘(2) AUTHORIZED ACTIVITIES.—To carry out this subsection,
the Council may—
‘‘(A) interview current and former midshipmen of the
United States Merchant Marine Academy (to the extent
that such midshipmen provide the Department of Transportation express consent to be interviewed by the Council);
and
‘‘(B) review surveys under section 51322(d).
‘‘(3) PERSONALLY IDENTIFIABLE INFORMATION.—In carrying
out this subsection, the Council shall comply with the obligations of the Department of Transportation to protect personally
identifiable information.

H. R. 7776—693
‘‘(d) REPORTS.—On an annual basis for each of the 5 years
after the date of enactment of this section, and at the discretion
of the Council thereafter, the Council shall submit, to the President
and the Committee on Commerce, Science, and Transportation and
the Committee on Appropriations of the Senate and the Committee
on Transportation and Infrastructure and the Committee on Appropriations of the House of Representatives, a report on the Council’s
findings based on the reviews conducted pursuant to subsection
(c) and related recommendations.
‘‘(e) EMPLOYEE STATUS.—Members of the Council shall not be
considered employees of the United States Government for any
purpose and shall not receive compensation other than reimbursement of travel expenses and per diem allowance in accordance
with section 5703 of title 5.
‘‘(f) NONAPPLICABILITY OF FACA.—The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Council.
‘‘§ 51328. Student support
‘‘The Maritime Administrator shall—
‘‘(1) require a biannual survey of midshipmen, faculty, and
staff of the Academy assessing the environment of the Academy;
and
‘‘(2) require an annual survey of faculty and staff of the
Academy assessing the Sea Year program.’’.
(b) REPORT TO CONGRESS.—Not later than 30 days after the
date of enactment of this section, the Maritime Administrator shall
provide Congress with a briefing on the resources necessary to
properly implement section 51328 of title 46, United States Code,
as added by this section.
(c) CONFORMING AMENDMENTS.—The chapter analysis for
chapter 513 of title 46, United States Code, is amended by adding
at the end the following:
‘‘51325. Sexual assault and sexual harassment prevention information management
system.
‘‘51326. Student advisory board at the United States Merchant Marine Academy.
‘‘51327. Sexual Assault Advisory Council.
‘‘51328. Student support.’’.

(d) UNITED STATES MERCHANT MARINE ACADEMY STUDENT SUPPLAN.—
(1) STUDENT SUPPORT PLAN.—Not later than January 1,
2023, the Maritime Administrator shall issue a Student Support
Plan for the United States Merchant Marine Academy, in consultation with relevant mental health professionals in the Federal Government or experienced with the maritime industry
or related industries. Such plan shall—
(A) address the mental health resources available to
midshipmen, both on-campus and during Sea Year;
(B) establish a tracking system for suicidal ideations
and suicide attempts of midshipmen, which excludes
personally identifiable information;
(C) create an option for midshipmen to obtain assistance from a professional care provider virtually; and
(D) require an annual survey of faculty and staff
assessing the adequacy of mental health resources for midshipmen of the Academy, both on campus and during Sea
Year.

PORT

H. R. 7776—694
(2) REPORT TO CONGRESS.—Not later than 30 days after
the date of enactment of this section, the Maritime Administrator shall provide Congress with a report on the resources
necessary to properly implement this subsection.
(e) SPECIAL VICTIMS ADVISOR.—Section 51319 of title 46, United
States Code, is amended—
(1) by redesignating subsection (c) as subsection (d);
(2) by inserting after subsection (b) the following:
‘‘(c) SPECIAL VICTIMS ADVISOR.—
‘‘(1) IN GENERAL.—The Secretary shall designate an
attorney (to be known as the ‘Special Victims Advisor’) for
the purpose of providing legal assistance to any cadet of the
Academy who is the victim of an alleged sex-related offense
regarding administrative and criminal proceedings related to
such offense, regardless of whether the report of that offense
is restricted or unrestricted.
‘‘(2) SPECIAL VICTIMS ADVISORY.—The Secretary shall
ensure that the attorney designated as the Special Victims
Advisor has knowledge of the Uniform Code of Military Justice,
as well as criminal and civil law.
‘‘(3) PRIVILEGED COMMUNICATIONS.—Any communications
between a victim of an alleged sex-related offense and the
Special Victim Advisor, when acting in their capacity as such,
shall have the same protection that applicable law provides
for confidential attorney-client communications.’’; and
(3) by adding at the end the following:
‘‘(e) UNFILLED VACANCIES.—The Administrator of the Maritime
Administration may appoint qualified candidates to positions under
subsections (a) and (d) of this section without regard to sections
3309 through 3319 of title 5.’’.
(f) CATCH A SERIAL OFFENDER ASSESSMENT.—
(1) ASSESSMENT.—Not later than one year after the date
of enactment of this section, the Commandant of the Coast
Guard, in coordination with the Maritime Administrator, shall
conduct an assessment of the feasibility and process necessary,
and appropriate responsible entities to establish a program
for the United States Merchant Marine Academy and United
States Merchant Marine modeled on the Catch a Serial
Offender program of the Department of Defense using the
information management system required under subsection (a)
of section 51325 of title 46, United States Code, and the exit
interviews under subsection (b) of such section.
(2) LEGISLATIVE CHANGE PROPOSALS.—If, as a result of the
assessment required by paragraph (1), the Commandant or
the Administrator determines that additional authority is necessary to implement the program described in paragraph (1),
the Commandant or the Administrator, as applicable, shall
provide appropriate legislative change proposals to Congress.
(g) SHIPBOARD TRAINING.—Section 51322(a) of title 46, United
States Code, is amended by adding at the end the following:
‘‘(3) TRAINING.—
‘‘(A) IN GENERAL.—As part of training that shall be
provided not less than semiannually to all midshipmen
of the Academy, pursuant to section 51318, the Maritime
Administrator shall develop and implement comprehensive
in-person sexual assault risk-reduction and response
training that, to the extent practicable, conforms to best

H. R. 7776—695
practices in the sexual assault prevention and response
field and includes appropriate scenario-based training.
‘‘(B)
DEVELOPMENT
AND
CONSULTATION
WITH
EXPERTS.—In developing the sexual assault risk-reduction
and response training under subparagraph (A), the Maritime Administrator shall consult with and incorporate, as
appropriate, the recommendations and views of experts
in the sexual assault field.’’.
SEC. 3532. MARITIME TECHNICAL ADVANCEMENT ACT.

(a) IN GENERAL.—Section 51706 of title 46, United States Code,
is amended—
(1) by striking subsection (a) and inserting the following:
‘‘(a) DESIGNATION.—The Secretary of Transportation may designate as a center of excellence for domestic maritime workforce
training and education an entity which is a covered training entity.’’;
(2) by striking subsection (b) and inserting the following:
‘‘(b) GRANT PROGRAM.—
‘‘(1) IN GENERAL.—The Secretary may award a maritime
career training grant to a center of excellence designated under
subsection (a) for the purpose of developing, offering, or
improving career and technical education or training programs
related to the United States maritime industry for United
States workers.
‘‘(2) GRANT PROPOSAL.—To be eligible to receive a grant
under this subsection, a center of excellence designated under
subsection (a) shall submit to the Secretary a grant proposal
that includes a detailed description of—
‘‘(A) the specific project proposed to be funded by the
grant, including a description of the manner in which the
grant will be used to develop, offer, or improve a career
and technical education or training program that is suited
to United States maritime industry workers;
‘‘(B) the extent to which the project for which the
grant proposal is submitted will meet the educational or
career training needs of United States maritime industry
workers;
‘‘(C) any previous experience of the center of excellence
in providing United States maritime industry career and
technical education or training programs;
‘‘(D) how the project proposed to be funded by the
grant would address shortcomings in existing educational
or career training opportunities available to United States
maritime industry workers; and
‘‘(E) the extent to which employers, including small
and medium-sized firms, have demonstrated a commitment
to employing United States maritime industry workers who
would benefit from the project for which the grant proposal
is submitted.
‘‘(3) CRITERIA FOR AWARD OF GRANTS.—Subject to the appropriation of funds to carry out this section, the Secretary shall
award grants under this subsection to centers of excellence
based on—
‘‘(A) an determination of the merits of a grant proposal
submitted under paragraph (2) to develop, offer, or improve
career and technical education or training programs to

H. R. 7776—696
be made available to United States maritime industry
workers;
‘‘(B) an evaluation of the likely employment opportunities available to United States maritime industry workers
who complete a maritime career and technical education
or training program that a center proposes to develop,
offer, or improve; and
‘‘(C) an evaluation of prior demand for training programs by workers served by centers of excellence designated under subsection (a), as well as the availability
and capacity of existing maritime training programs to
meet future demand for training programs.
‘‘(4) COMPETITIVE AWARDS.—
‘‘(A) IN GENERAL.—The Secretary shall award grants
under this subsection to centers of excellence designated
under subsection (a) on a competitive basis.
‘‘(B) TIMING OF GRANT NOTICE.—The Secretary shall
post a Notice of Funding Opportunity regarding grants
awarded under this subsection not more than 90 days
after the date of the enactment of the appropriations Act
for the fiscal year concerned.
‘‘(C) TIMING OF GRANTS.—The Secretary shall award
grants under this subsection not later than 270 days after
the date of the enactment of the appropriations Act for
the fiscal year concerned.
‘‘(D) REUSE OF UNEXPENDED GRANT FUNDS.—Notwithstanding subparagraph (C), amounts awarded as a grant
under this subsection that are not expended by the grantee
shall remain available to the Secretary for use for grants
under this subsection.
‘‘(E) ADMINISTRATIVE COSTS.—Not more than 3 percent
of amounts made available to carry out this subsection
may be used for the necessary costs of grant administration.
‘‘(F) PROHIBITED USE.—A center of excellence designated under subsection (a) that has received funds
awarded under section 54101(a)(2) for training purposes
for a fiscal year shall not be eligible for grants under
this subsection during the same fiscal year.’’; and
(3) in subsection (c)—
(A) by striking paragraph (1) and inserting the following:
‘‘(1) COVERED TRAINING ENTITY.—The term ‘covered training
entity’ means an entity that—
‘‘(A) is located in a State that borders on the—
‘‘(i) Gulf of Mexico;
‘‘(ii) Atlantic Ocean;
‘‘(iii) Long Island Sound;
‘‘(iv) Pacific Ocean;
‘‘(v) Great Lakes; or
‘‘(vi) Mississippi River System;
‘‘(B) is—
‘‘(i) a postsecondary educational institution (as
such term is defined in section 3(39) of the Carl D.
Perkins Career and Technical Education Act of 2006
(20 U.S.C. 2302));

H. R. 7776—697
‘‘(ii) a postsecondary vocational institution (as such
term is defined in section 102(c) of the Higher Education Act of 1965 (20 U.S.C. 1002(c));
‘‘(iii) a public or private nonprofit entity that offers
one or more other structured experiential learning
training programs for United States workers in the
United States maritime industry, including a program
that is offered by a labor organization or conducted
in partnership with a nonprofit organization or one
or more employers in the United States maritime
industry;
‘‘(iv) an entity sponsoring an apprenticeship program registered with the Office of Apprenticeship of
the Employment and Training Administration of the
Department of Labor or a State apprenticeship agency
recognized by the Office of Apprenticeship pursuant
to the Act of August 16, 1937 (commonly known as
the ‘National Apprenticeship Act’; 50 Stat. 664, chapter
663; 29 U.S.C. 50 et seq.); or
‘‘(v) a maritime training center designated prior
to the date of enactment of the National Defense
Authorization Act for Fiscal Year 2023; and
‘‘(C) has a demonstrated record of success in maritime
workforce training and education.’’; and
(B) by adding at the end the following:
‘‘(3) CAREER AND TECHNICAL EDUCATION.—The term ‘career
and technical education’ has the meaning given such term
in section 3(5) of the Carl D. Perkins Career and Technical
Education Act (20 U.S.C. 2302).
‘‘(4) SECRETARY.—The term ‘Secretary’ means the Secretary
of Transportation.
‘‘(5) TRAINING PROGRAM.—The term ‘training program’
means a program that provides training services, as described
in section 134(c)(3)(D) of the Workforce Innovation and Opportunity Act (Public Law 113–128; 29 U.S.C. 3174).
‘‘(6) UNITED STATES MARITIME INDUSTRY.—The term ‘United
States maritime industry’ means the design, construction,
repair, operation, manning, and supply of vessels in all segments of the maritime transportation system of the United
States, including—
‘‘(A) the domestic and foreign trade;
‘‘(B) the coastal, offshore, and inland trade;
‘‘(C) non-commercial maritime activities, including—
‘‘(i) recreational boating; and
‘‘(ii) oceanographic and limnological research as
described in section 2101(24).’’.
(b) PUBLICLY AVAILABLE REPORT.—Not later than December
15 in each of calendar years 2022 through 2024, the Secretary
of Transportation shall make publicly available on an appropriate
website a report, and provide to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives
a briefing, on the implementation of the amendments under this
section. Such report and briefing shall include—
(1) a description of each grant awarded under subsection
(b) of section 51706 of title 46, United States Code, as amended

H. R. 7776—698
by subsection (a), during the fiscal year preceding the fiscal
year during which the report is submitted; and
(2) an assessment of the effects of each such grant under
this subsection on workers who received training provided
pursuant to the grant during the fiscal year preceding the
fiscal year during which the report was submitted.
(c) GUIDELINES.—Not later than one year after the date of
enactment of this Act, the Secretary of Transportation shall—
(1) prescribe guidelines for the submission of grant proposals under section 51706(b) of title 46, United States Code,
as amended by subsection (a); and
(2) publish and maintain such guidelines on the website
of the Department of Transportation.
(d) ASSISTANCE FOR SMALL SHIPYARDS.—Section 54101(e) of
title 46, United States Code, is amended by striking paragraph
(2) and inserting the following:
‘‘(2) ALLOCATION OF FUNDS.—
‘‘(A) IN GENERAL.—The Administrator may not award
more than 25 percent of the funds made available to carry
out this section for any fiscal year to any small shipyard
in one geographic location that has more than 600
employees.
‘‘(B) INELIGIBILITY.—A maritime training center that
has received funds awarded under section 51706 of title
46, United States Code, shall not be eligible for grants
under this subsection for training purposes in the same
fiscal year.’’.
SEC. 3533. ENSURING DIVERSE MARINER RECRUITMENT.

Not later than six months after the date of the enactment
of this Act, the Secretary of Transportation shall develop and deliver
to Congress a strategy to assist State maritime academies and
the United States Merchant Marine Academy in improving the
representation in the next generation of the mariner workforce
of women and underrepresented communities, including each of
the following:
(1) Black and African American.
(2) Hispanic and Latino.
(3) Asian.
(4) American Indian, Alaska Native, and Native Hawaiian.
(5) Pacific Islander.
SEC. 3534. LOW EMISSIONS VESSELS TRAINING.

(a) DEVELOPMENT OF STRATEGY.—The Secretary of Transportation, in consultation with the United States Merchant Marine
Academy, State maritime academies, civilian nautical schools, and
the Secretary of the department in which Coast Guard is operating,
shall develop a strategy to ensure there is an adequate supply
of trained United States citizen mariners sufficient to meet the
operational requirements of low and zero emission vessels.
Implementation of the strategy shall aim to increase the supply
of trained United States citizen mariners sufficient to meet the
needs of the maritime industry and ensure continued investment
in training for mariners serving on conventional fuel vessels.
(b) REPORT.—Not later than six months after the date the
Secretary of Transportation determines that there is commercially
viable technology for low and zero emission vessels, the Secretary
of Transportation shall—

H. R. 7776—699
(1) submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a
report on the strategy developed under subsection (a) and plans
for its implementation; and
(2) make such report publicly available.

Subtitle E—Other Matters
SEC. 3541. WAIVER OF NAVIGATION AND VESSEL INSPECTION LAWS.

Section 501 of title 46, United States Code, is amended—
(1) in subsection (b)—
(A) by striking paragraph (1) and inserting the following:
‘‘(1) IN GENERAL.—Upon a determination by the President
that a waiver of the navigation or vessel-inspection laws is
necessary in the interest of national defense, the head of an
agency responsible for the administration of such laws, may
waive compliance with such laws—
‘‘(A) following a determination in accordance with the
requirements of paragraph (3) by the Maritime Administrator, acting in the Administrator’s capacity as Director,
National Shipping Authority, of the non-availability of
qualified United States flag capacity to meet national
defense requirements;
‘‘(B) not earlier than 48 hours after a waiver request
is published under paragraph (6)(A); and
‘‘(C) on a vessel specific basis to the extent, in the
manner, and on the terms the head of such agency, in
consultation with the Administrator, acting in such
capacity, prescribes.’’;
(B) in paragraph (2)(B) by striking ‘‘determinations
referred to in paragraph (1)’’ and inserting ‘‘determination
referred to in paragraph (1)(A)’’;
(C) in paragraph (3) by striking subparagraph (A) and
inserting the following:
‘‘(A) for each determination referred to in paragraph
(1)(A)—
‘‘(i) identify any actions that could be taken to
enable qualified United States flag capacity to meet
national defense requirements prior to the issuance
of a waiver; and
‘‘(ii) not assess the non-availability of qualified
United States flag capacity to meet national defense
requirements retrospectively after the date on which
a waiver is requested;’’; and
(D) by adding at the end the following:
‘‘(5) PROSPECTIVE APPLICATION.—No waiver shall be issued
for a vessel if, at the time of the waiver request under this
section, such vessel is laden with merchandise that, pursuant
to the requested waiver, could be unladen at points or places
to which the coastwise laws apply.
‘‘(6) PUBLICATION REQUIREMENTS.—
‘‘(A) PUBLICATION OF WAIVER REQUESTS.—Upon
receiving a request for a waiver under this subsection,

H. R. 7776—700
the head of an agency referred to in paragraph (1) shall
publish such request on the website of such agency.
‘‘(B) PUBLICATION OF WAIVER DENIAL.—Not later than
48 hours after denying a waiver requested under this subsection, the head of an agency referred to in paragraph
(1) shall publish on the website of such agency an explanation for denying such waiver, including applicable
findings to support the denial.’’; and
(2) in subsection (c)(1)—
(A) in the matter preceding subparagraph (A) by
inserting ‘‘and the individual requesting such waiver (if
not the owner or operator of the vessel)’’ before ‘‘shall
submit’’;
(B) in subparagraph (C) by striking ‘‘and’’ at the end;
(C) by redesignating subparagraphs (B), (C), and (D)
as subparagraphs (C), (D), and (G), respectively;
(D) by inserting after subparagraph (A) the following:
‘‘(B) the name of the owner and operator of the vessel;’’;
and
(E) by inserting after subparagraph (D), as so redesignated, the following:
‘‘(E) a description of the cargo carried;
‘‘(F) an explanation as to why the waiver was in the
interest of national defense; and’’.
SEC. 3542. NATIONAL MARITIME STRATEGY.

(a) STUDY TO INFORM A NATIONAL MARITIME STRATEGY.—
(1) IN GENERAL.—Not later than 30 days after the date
of the enactment of this Act, the Secretary of Transportation
and the Secretary of the department in which the Coast Guard
is operating shall seek to enter into an agreement with a
studies and analysis federally funded research and development
center under which such center shall conduct a study to identify
the key elements needed for a national maritime strategy that
is designed to—
(A) achieve the objectives described in section 50101
of title 46, United States Code; and
(B) ensure—
(i) a capable, commercially viable, militarily useful
fleet of a sufficient number of merchant vessels documented under chapter 121 of title 46, United States
Code;
(ii) a robust United States mariner workforce, as
described in section 50101 of title 46, United States
Code;
(iii) strong United States domestic shipbuilding
infrastructure, and related shipbuilding trades
amongst skilled workers in the United States; and
(iv) that the Navy Fleet Auxiliary Force, the
National Defense Reserve Fleet, the Military Sealift
Command, the Maritime Security Program under
chapter 531 of title 46, United States Code, the Cable
Security Program under chapter 532 of title 46, United
States Code, and the Tanker Security Program under
chapter 534 of title 46, United States Code currently
meet the economic and national security needs of the
United States and would reliably continue to meet

H. R. 7776—701
those needs under future economic or national security
emergencies.
(2) DEADLINE FOR COMPLETION.—An agreement entered
into pursuant to paragraph (1) shall specify that the federally
funded research and development center shall complete the
study by not later than one year after the date of the enactment
of this Act.
(3) INPUT.—An agreement entered into pursuant to paragraph (1) shall specify that, in carrying out the study, the
federally funded research and development center shall solicit
input from—
(A) relevant Federal departments and agencies;
(B) nongovernmental organizations;
(C) United States companies;
(D) maritime labor organizations;
(E) commercial industries that depend on United
States mariners;
(F) domestic shipyards regarding shipbuilding and
repair capacity, and the associated skilled workforce, such
as the workforce required for transportation, offshore wind,
fishing, and aquaculture;
(G) providers of maritime workforce training; and
(H) any other relevant organizations.
(4) REQUIREMENTS OF AGREEMENT.—An agreement entered
into pursuant to paragraph (1) shall specify that, in carrying
out the study, the federally funded research and development
center shall consult with the Secretary of Transportation, the
Secretary of Defense, the Secretary of the Department in which
the Coast Guard is operating, the Adminstrator of the National
Oceanic and Atmospheric Administration, and the heads of
other relevant Federal agencies, in the identification and
evaluation of—
(A) incentives, including regulatory changes, needed
to continue to meet the shipbuilding and ship maintenance
needs of the United States for commercial and national
security purposes, including through a review of—
(i) the loans and guarantees program carried out
under chapter 537 of title 46, United States Code,
and how the development of new offshore commercial
industries, such as wind energy, could be supported
through modification of such program or other Federal
programs, and thus also support the United States
sealift in the future;
(ii) the barriers to participation in the loans and
guarantees program carried out under chapter 537 of
title 46, United States Code, and how the program
may be improved to facilitate additional shipbuilding
activities in the United States;
(iii) the needed resources, human and financial,
for such incentives; and
(iv) the current and anticipated number of shipbuilding and ship maintenance contracts at United
States shipyards through 2032, to the extent practicable;
(B) incentives, including regulatory changes, needed
to maintain a commercially viable United States-documented fleet, including—

H. R. 7776—702
(i) an examination of how the preferences under
section 2631 of title 10, United States Code, and chapters 531, 532, 534, and 553 of title 46, United States
Code, should be used to further maintain and grow
a United States-documented fleet;
(ii) an identification of other incentives that could
be used that may not be authorized at the time of
the study;
(iii) an estimate of the number and type of commercial ships needed over the next 30 years; and
(iv) estimates of the needed human and financial
resources for such incentives;
(C) the availability of United States mariners, and
future needs, including—
(i) the number of mariners needed for the United
States commercial and national security needs over
the next 30 years;
(ii) the policies and programs (at the time of the
study) to recruit, train, and retain United States mariners to support the United States maritime workforce
needs during peace time and at war;
(iii) how those programs could be improved to grow
the number of maritime workers trained each year,
including how potential collaboration between the uniformed services, the United States Merchant Marine
Academy, State maritime academies, maritime labor
training centers, and the Centers of Excellence for
Domestic Maritime Workforce Training under section
51706 of title 46, United States Code, could be used
most effectively; and
(iv) estimates of the necessary resources, human
and financial, to implement such programs in each
relevant Federal agency over the next 30 years; and
(D) the interaction among the elements described
under subparagraphs (A) through (C).
(5) PUBLIC AVAILABILITY.—The Secretary of Transportation
shall make publicly available on a website of the Department
of Transportation a study completed pursuant to paragraph
(1).
(b) NATIONAL MARITIME STRATEGY.—
(1) IN GENERAL.—Chapter 501 of title 46, United States
Code, is amended by inserting after section 50113 the following
new section:
‘‘§ 50114. National maritime strategy
‘‘(a) IN GENERAL.—The Secretary of Transportation, in consultation with the Secretary of the department in which the Coast
Guard is operating and the Commander of United States Transportation Command, shall submit to the Committee on Transportation
and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate—
‘‘(1) a national maritime strategy; and
‘‘(2) not less often than once every five years after the
submission of such strategy, an update to the strategy.
‘‘(b) CONTENTS.—The strategy required under subsection (a)
shall include each of the following:
‘‘(1) An identification of—

H. R. 7776—703
‘‘(A) international policies and Federal regulations and
policies that reduce the competitiveness of United Statesdocumented vessels with foreign vessels in domestic and
international transportation markets; and
‘‘(B) the impact of reduced cargo flow due to reductions
in the number of members of the United States Armed
Forces stationed or deployed outside of the United States.
‘‘(2) Recommendations to—
‘‘(A) make United States-documented vessels more
competitive in shipping routes between United States and
foreign ports;
‘‘(B) increase the use of United States-documented vessels to carry cargo imported to and exported from the
United States;
‘‘(C) ensure compliance by Federal agencies with
chapter 553;
‘‘(D) increase the use of short sea transportation routes,
including routes designated under section 55601(b), to
enhance intermodal freight movements;
‘‘(E) enhance United States shipbuilding capability;
‘‘(F) invest in, and identify gaps in, infrastructure
needed to facilitate the movement of goods at ports and
throughout the transportation system, including innovative
physical and information technologies;
‘‘(G) enhance workforce training and recruitment for
the maritime workforce, including training on innovative
physical and information technologies;
‘‘(H) increase the resilience of ports and the marine
transportation system;
‘‘(I) increase the carriage of government-impelled cargo
on United States-documented vessels pursuant to chapter
553 of title 46, section 2631 of title 10, or otherwise; and
‘‘(J) maximize the cost effectiveness of Federal funding
for carriage of non-defense government impelled cargo for
the purposes of maintaining a United States flag fleet
for national and economic security.
‘‘(c) UPDATE.—Upon the release of a strategy or update under
subsection (a), the Secretary of Transportation shall make such
strategy or update publicly available on the website of the Department of Transportation.
‘‘(d) IMPLEMENTATION PLAN.—Not later than six months after
the submission of a strategy or update under subsection (a), the
Secretary of Transportation, in consultation with the Secretary
of the department in which the Coast Guard is operating and
the Secretary of Defense, shall make publicly available on an appropriate website an implementation plan for such strategy or update.’’.
(2) CONFORMING REPEALS; DEADLINE.—
(A) RESCISSION OF SUPERCEDED STRATEGY.—Effective
on the date on which the Secretary of Transportation submits the national maritime strategy under section
50114(a)(1) of title 46, United States Code, as added by
paragraph (1)—
(i) the national maritime strategy prepared pursuant to section 603 of the Howard Coble Coast Guard
and Maritime Transportation Act of 2014 (Public Law
113–281) is rescinded; and

H. R. 7776—704
(ii) section 603 of the Howard Coble Coast Guard
and Maritime Transportation Act of 2014 (Public Law
113–281) is repealed.
(B) DEADLINE FOR SUBMISSION OF STRATEGY.—The Secretary shall submit the national maritime strategy required
under section 50114(a)(1) of title 46, United States Code,
as added by paragraph (1), not later than six months
after the date on which the Secretary receives the study
under subsection (a).
(3) CLERICAL AMENDMENT.—The analysis for chapter 501
of title 46, United States Code, is amended by inserting after
the item relating to section 50113 the following new item:
‘‘50114. National maritime strategy.’’.
SEC. 3543. MARITIME ENVIRONMENTAL AND TECHNICAL ASSISTANCE
PROGRAM.

(a) IN GENERAL.—Section 50307 of title 46, United States Code,
is amended—
(1) by striking the subsection (a) enumerator and all that
follows through ‘‘Transportation’’ and inserting the following:
‘‘(a) EMERGING MARINE TECHNOLOGIES AND PRACTICES.—
‘‘(1) IN GENERAL.—The Secretary of Transportation’’;
(2) in subsection (b)—
(A) in paragraph (1)—
(i) by redesignating subparagraphs (A) through (D)
as clauses (i) through (iv), respectively and adjusting
the margins accordingly; and
(ii) in clause (iv), as redesignated by clause (i),
by striking ‘‘propeller cavitation’’ and inserting ‘‘incidental vessel-generated underwater noise, such as
noise from propeller cavitation or hydrodynamic flow’’;
(B) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively and adjusting the margins
accordingly;
(3) in subsection (c), by redesignating paragraphs (1) and
(2) as subparagraphs (A) and (B), respectively and adjusting
the margins accordingly;
(4) by redesignating subsections (b) through (d) as paragraphs (2) through (4), respectively and adjusting the margins
accordingly;
(5) by redesignating subsection (e) as subsection (b);
(6) by striking subsection (f);
(7) in subsection (a)—
(A) in paragraph (1), as designated under paragraph
(1) of this section—
(i) by inserting ‘‘or support’’ after ‘‘engage in’’;
(ii) by striking ‘‘the use of public’’ and all that
follows through the end of the sentence and inserting
‘‘eligible entities.’’;
(B) in paragraph (2), as redesignated under paragraph
(4) of this section—
(i) by striking ‘‘this section’’ and inserting ‘‘this
subsection’’;
(ii) by striking ‘‘or improve’’ and inserting
‘‘improve, or support efforts related to,’’;
(C) in paragraph (3), as redesignated by paragraph
(4) of this section, by striking ‘‘under subsection (b)(2)

H. R. 7776—705
may include’’ and inserting ‘‘with other Federal agencies
or with State, local, or Tribal governments, as appropriate,
under paragraph (2)(B) may include’’;
(D) in paragraph (4), as redesignated by paragraph
(4) of this section—
(i) by striking ‘‘academic, public, private, and nongovernmental entities and facilities’’ and inserting
‘‘eligible entities’’; and
(ii) by striking ‘‘subsection (a)’’ and inserting ‘‘this
subsection’’; and
(E) by adding at the end the following:
‘‘(5) GRANTS.—Subject to the availability of appropriations,
the Maritime Administrator, may establish and carry out a
competitive grant program to award grants to eligible entities
for projects in the United States consistent with the goals
of this subsection to study, evaluate, test, demonstrate, or apply
technologies and practices to improve environmental performance.’’;
(8) in subsection (b), as redesignated by paragraph (5)
of this section, by striking ‘‘subsection (b)(1)’’ and inserting
‘‘this section’’; and
(9) by adding at the end the following:
‘‘(c) VESSELS.—Activities carried out under a grant or cooperative agreement made under this section may be conducted on public
vessels under the control of the Maritime Administration, upon
approval of the Maritime Administrator.
‘‘(d) ELIGIBLE ENTITY DEFINED.—In this section, the term
‘eligible entity’ means—
‘‘(1) a private entity, including a nonprofit organization;
‘‘(2) a State, regional, or local government or entity,
including special districts;
‘‘(3) an Indian Tribe (as defined in section 4 of the Indian
Self-Determination and Education Assistance Act (25 U.S.C.
5304)) or a consortium of Indian Tribes;
‘‘(4) an institution of higher education as defined under
section 102 of the Higher Education Act of 1965 (20 U.S.C.
1002); or
‘‘(5) a partnership or collaboration of entities described
in paragraphs (1) through (4).
‘‘(e) CENTER FOR MARITIME INNOVATION.—
‘‘(1) IN GENERAL.—The Secretary of Transportation shall,
through a cooperative agreement, establish a United States
Center for Maritime Innovation (referred to in this subsection
as the ‘Center’) to support the study, research, development,
assessment, and deployment of emerging marine technologies
and practices related to the maritime transportation system.
‘‘(2) SELECTION.—The Center shall be—
‘‘(A) selected through a competitive process of eligible
entities, and if a private entity, a domestic entity;
‘‘(B) based in the United States with technical expertise
in emerging marine technologies and practices related to
the maritime transportation system; and
‘‘(C) located in close proximity to eligible entities with
expertise in United States emerging marine technologies
and practices, including the use of alternative fuels and
the development of both vessel and shoreside infrastructure.

H. R. 7776—706
‘‘(3) COORDINATION.—The Secretary of Transportation shall
coordinate with other agencies critical for science, research,
and regulation of emerging marine technologies for the maritime sector, including the Department of Energy, the Environmental Protection Agency, the National Science Foundation,
and the Coast Guard, when establishing the Center.
‘‘(4) FUNCTIONS.—The Center shall—
‘‘(A) support eligible entities regarding the development
and use of clean energy and necessary infrastructure to
support the deployment of clean energy on vessels of the
United States;
‘‘(B) monitor and assess, on an ongoing basis, the current state of knowledge regarding emerging marine technologies in the United States;
‘‘(C) identify any significant gaps in emerging marine
technologies research specific to the United States maritime
industry, and seek to fill those gaps;
‘‘(D) conduct research, development, testing, and
evaluation for equipment, technologies, and techniques to
address the components under subsection (a)(2);
‘‘(E) provide—
‘‘(i) guidance on best available technologies;
‘‘(ii) technical analysis;
‘‘(iii) assistance with understanding complex regulatory requirements; and
‘‘(iv) documentation of best practices in the maritime industry, including training and informational
webinars on solutions for the maritime industry; and
‘‘(F) work with academic and private sector response
training centers and Domestic Maritime Workforce
Training and Education Centers of Excellence to develop
maritime strategies applicable to various segments of the
United States maritime industry, including the inland,
deep water, and coastal fleets.’’.
(b) DEADLINE FOR IMPLEMENTATION.—The Secretary of
Transportation shall establish the United States Center for Maritime Innovation under subsection (e) of section 50307 of title 46,
United States Code, as added by subsection (a), by not later than
one year after the date of the enactment of this Act.
SEC. 3544. DEFINITION OF QUALIFIED VESSEL.

Section 53501(5)(A)(iii) of title 46, United States Code, is
amended by striking ‘‘United States foreign, Great Lakes, noncontiguous domestic, or short sea transportation trade’’ and inserting
‘‘foreign or domestic trade of the United States’’.
SEC. 3545. ESTABLISHING A CAPITAL CONSTRUCTION FUND.

Section 53503(b) of title 46, United States Code, is amended
by striking ‘‘United States foreign, Great Lakes, noncontiguous
domestic, or short sea transportation trade’’ and inserting ‘‘foreign
or domestic trade of the United States’’.
SEC. 3546. RECAPITALIZATION OF NATIONAL DEFENSE RESERVE
FLEET.

(a) IN GENERAL.—Subject to the availability of appropriations,
the Secretary of Transportation, in consultation with the Chief
of Naval Operations and the Commandant of the Coast Guard,
shall—

H. R. 7776—707
(1) complete the design of a roll-on, roll-off cargo vessel
for the National Defense Reserve Fleet to allow for the construction of such vessel to begin in fiscal year 2024; and
(2) seek to enter into an agreement with an appropriate
vessel construction manager under which the vessel construction manager shall enter into a contract for the construction
of not more than ten such vessels in accordance with this
section.
(b) CONSTRUCTION AND DOCUMENTATION REQUIREMENTS.—A
vessel constructed pursuant to this section shall meet the requirements for, and be issued a certificate of, documentation and a
coastwise endorsement under chapter 121 of title 46, United States
Code.
(c) DESIGN STANDARDS AND CONSTRUCTION PRACTICES.—Subject
to subsection (b), a vessel constructed pursuant to this section
shall be constructed using commercial design standards and
commercial construction practices that are consistent with the best
interests of the Federal Government.
(d) CONSULTATION WITH OTHER FEDERAL ENTITIES.—The Secretary of Transportation shall consult and coordinate with the Secretary of the Navy and may consult with the heads of other appropriate Federal agencies regarding the vessel described in subsection
(a) and activities associated with such vessel.
(e) LIMITATION ON USE OF FUNDS FOR USED VESSELS.—None
of the funds authorized to be appropriated by this Act or otherwise
made available to carry out this section may be used for the procurement of any used vessel.
SEC. 3547. SENSE OF CONGRESS ON MERCHANT MARINE.

It is the sense of Congress that the United States Merchant
Marine is a critical part of the national infrastructure of the United
States, and the men and women of the United States Merchant
Marine are essential workers.
SEC. 3548. ANALYSIS OF EFFECTS OF CHEMICALS IN STORMWATER
RUNOFF ON PACIFIC SALMON AND STEELHEAD.

(a) IN GENERAL.—Not later than 90 days after the date of
enactment of this Act, the Under Secretary of Commerce for Oceans
and Atmosphere, in coordination with the Secretary of Transportation and the Administrator of the Environmental Protection
Agency, and in consultation with the Director of the United States
Fish and Wildlife Service, shall commence an analysis of—
(1) the science relating to tire-related chemicals in
stormwater runoff at ports and the effects of such chemicals
on Pacific salmon and steelhead; and
(2) the challenges of studying tire-related chemicals in
stormwater runoff at ports and the effects of such chemicals
on Pacific salmon and steelhead.
(b) REPORT.—Not later than 18 months after commencing the
analysis required under subsection (a), the Under Secretary of
Commerce for Oceans and Atmosphere, in coordination with the
Secretary of Transportation and the Administrator of the Environmental Protection Agency, shall submit to the appropriate congressional committees, and make publicly available, a report that
includes—
(1) the findings of the analysis; and
(2) recommendations—

H. R. 7776—708
(A) to improve the monitoring of stormwater and
research related to run-off for tire-related chemicals and
the effects of such chemicals on Pacific salmon and
steelhead at ports; and
(B) based on the best available science on relevant
management approaches at ports under their respective
jurisdictions.
(c) APPROPRIATE CONGRESSIONAL COMMITTEES.—In this section,
the term ‘‘appropriate congressional committees’’ means—
(1) the Committee on Commerce, Science, and Transportation and the Committee on Environment and Public Works
of the Senate; and
(2) the Committee on Transportation and Infrastructure
and the Committee on Natural Resources of the House of Representatives.
SEC. 3549. REPORT ON EFFECTIVE VESSEL QUIETING MEASURES.

(a) IN GENERAL.—Not later than one year after the date of
the enactment of this Act, the Administrator of the Maritime
Administration, in consultation with the Under Secretary of Commerce for Oceans and Atmosphere and the Secretary of the Department in which the Coast Guard is operating, shall submit to the
appropriate congressional committees, and make publicly available
on an appropriate website of the Department of Transportation,
a report that includes each of the following:
(1) An identification of technology-based controls and best
management practices for reducing vessel-generated underwater noise.
(2) For each technology-based control or best management
practice identified under paragraph (1), an evaluation of—
(A) the applicability of each control and practice to
various vessel types;
(B) the technical feasibility and economic achievability
of each control or practice; and
(C) the co-benefits and trade-offs of each control or
practice.
(3) Such other matters as the Administrator determines
appropriate.
(b) COMMITTEES.—In this section, the term ‘‘appropriate
congressional committees’’ means—
(1) the Committee on Commerce, Science, and Transportation of the Senate; and
(2) the Committee on Natural Resources and the Committee
on Transportation and Infrastructure of the House of Representatives.

DIVISION D—FUNDING TABLES
SEC. 4001. AUTHORIZATION OF AMOUNTS IN FUNDING TABLES.

(a) IN GENERAL.—Whenever a funding table in this division
specifies a dollar amount authorized for a project, program, or
activity, the obligation and expenditure of the specified dollar
amount for the project, program, or activity is hereby authorized,
subject to the availability of appropriations.
(b) MERIT-BASED DECISIONS.—

H. R. 7776—709
(1) IN GENERAL.—A decision to commit, obligate, or expend
funds with or to a specific entity on the basis of a dollar
amount authorized pursuant to subsection (a) shall—
(A) except as provided in paragraph (2), be based on
merit-based selection procedures in accordance with the
requirements of sections 2304(k) and 2374 of title 10,
United States Code, or on competitive procedures; and
(B) comply with other applicable provisions of law.
(2) EXCEPTION.—Paragraph (1)(A) does not apply to a decision to commit, obligate, or expend funds on the basis of a
dollar amount authorized pursuant to subsection (a) if the
project, program, or activity involved—
(A) is listed in section 4201; and
(B) is identified as Community Project Funding
through the inclusion of the abbreviation ‘‘CPF’’ immediately before the name of the project, program, or activity.
(c)
RELATIONSHIP
TO
TRANSFER
AND
PROGRAMMING
AUTHORITY.—An amount specified in the funding tables in this
division may be transferred or reprogrammed under a transfer
or reprogramming authority provided by another provision of this
Act or by other law. The transfer or reprogramming of an amount
specified in such funding tables shall not count against a ceiling
on such transfers or reprogrammings under section 1001 of this
Act or any other provision of law, unless such transfer or reprogramming would move funds between appropriation accounts.
(d) APPLICABILITY TO CLASSIFIED ANNEX.—This section applies
to any classified annex that accompanies this Act.
(e) ORAL AND WRITTEN COMMUNICATIONS.—No oral or written
communication concerning any amount specified in the funding
tables in this division shall supersede the requirements of this
section.

TITLE XLI—PROCUREMENT
SEC. 4101. PROCUREMENT.
SEC. 4101. PROCUREMENT
(In Thousands of Dollars)
Line

002
005

007
008
010
011
012
013
014
016
018

019

Item
AIRCRAFT PROCUREMENT, ARMY
FIXED WING
MQ–1 UAV ..........................................................................................
Program increase—MQ–1 for Army National Guard ......................
SMALL UNMANNED AIRCRAFT SYSTEMS .................................
Short Range Reconnaissance acceleration ........................................
ROTARY
AH–64 APACHE BLOCK IIIA REMAN ...........................................
AH–64 APACHE BLOCK IIIA REMAN ...........................................
UH–60 BLACKHAWK M MODEL (MYP) ........................................
Add 2 aircraft—combat loss replacement .........................................
UH–60 BLACKHAWK M MODEL (MYP) ........................................
UH–60 BLACK HAWK L AND V MODELS ....................................
CH–47 HELICOPTER ........................................................................
Three additional aircraft ....................................................................
CH–47 HELICOPTER ........................................................................
MODIFICATION OF AIRCRAFT
MQ–1 PAYLOAD ................................................................................
GRAY EAGLE MODS2 ......................................................................
Program increase—MQ–1C Gray Eagle extended range multi-domain operations.
MULTI SENSOR ABN RECON ........................................................

FY 2023
Request

10,598

524,661
169,218
650,406
68,147
178,658
169,149
18,749

Conference
Authorized

350,000
[350,000]
20,598
[10,000]
524,661
169,218
707,806
[57,400]
68,147
178,658
366,849
[197,700]
18,749

57,700
13,038

57,700
133,038
[120,000]

21,380

21,380

H. R. 7776—710
SEC. 4101. PROCUREMENT
(In Thousands of Dollars)
Line

Item

020
021

AH–64 MODS .....................................................................................
CH–47 CARGO HELICOPTER MODS (MYP) .................................
Degraded visual environment system ...............................................
EMARSS SEMA MODS .....................................................................
UTILITY HELICOPTER MODS .......................................................
Load stabilization systems .................................................................
NETWORK AND MISSION PLAN ...................................................
COMMS, NAV SURVEILLANCE ......................................................
AVIATION ASSURED PNT ..............................................................
PM costs excess ...................................................................................
GATM ROLLUP ..................................................................................
GROUND SUPPORT AVIONICS
AIRCRAFT SURVIVABILITY EQUIPMENT ..................................
SURVIVABILITY CM ........................................................................
CMWS ..................................................................................................
COMMON INFRARED COUNTERMEASURES (CIRCM) .............
OTHER SUPPORT
COMMON GROUND EQUIPMENT .................................................
AIRCREW INTEGRATED SYSTEMS ..............................................
AIR TRAFFIC CONTROL .................................................................
LAUNCHER, 2.75 ROCKET ..............................................................
UNDISTRIBUTED .............................................................................
Inflation effects ...................................................................................
TOTAL AIRCRAFT PROCUREMENT, ARMY ...........................

024
026
027
028
030
031
034
035
036
037
039
040
041
042
043

001
002
003

004
005
006
007
008

010
011
012
013
014
015
016

017

020
021
022
023
024
025
026

MISSILE PROCUREMENT, ARMY
SURFACE-TO-AIR MISSILE SYSTEM
LOWER TIER AIR AND MISSILE DEFENSE (AMD) SEN ..........
LOWER TIER AIR AND MISSILE DEFENSE (AMD) SEN ..........
M-SHORAD—PROCUREMENT .......................................................
Additional units—Army UPL ............................................................
Hellfire pod replacement—Army UPL ..............................................
Production line—Army UPL ..............................................................
MSE MISSILE ....................................................................................
PRECISION STRIKE MISSILE (PRSM) ..........................................
INDIRECT FIRE PROTECTION CAPABILITY INC 2–I ...............
AIR-TO-SURFACE MISSILE SYSTEM
HELLFIRE SYS SUMMARY .............................................................
JOINT AIR-TO-GROUND MSLS (JAGM) ........................................
Defense Industrial Base (DIB) Expansion for AGM–179 Joint Airto-Ground Missiles (JAGM).
LONG-RANGE HYPERSONIC WEAPON .......................................
ANTI-TANK/ASSAULT MISSILE SYS
JAVELIN (AAWS-M) SYSTEM SUMMARY ....................................
TOW 2 SYSTEM SUMMARY ............................................................
GUIDED MLRS ROCKET (GMLRS) ................................................
MLRS REDUCED RANGE PRACTICE ROCKETS (RRPR) ..........
HIGH MOBILITY ARTILLERY ROCKET SYSTEM (HIMARS .....
LETHAL MINIATURE AERIAL MISSILE SYSTEM (LMAMS .....
Procurement of Switchblade 600 variant .........................................
MODIFICATIONS
PATRIOT MODS ................................................................................
2 Additional Fire Units and a Dismounted Patriot Information
and Coordination Central (D-PICC).
Defense Industrial Base (DIB) Expansion for PATRIOT Advanced
Capability – 3 (PAC–3) Missile Segment.
ITAS/TOW MODS ...............................................................................
MLRS MODS ......................................................................................
HIMARS MODIFICATIONS ..............................................................
SPARES AND REPAIR PARTS
SPARES AND REPAIR PARTS ........................................................
SUPPORT EQUIPMENT & FACILITIES
AIR DEFENSE TARGETS .................................................................
INDUSTRIAL PREPAREDNESS ......................................................
Blk 1 refurb missiles ..........................................................................
UNDISTRIBUTED .............................................................................
Inflation effects ...................................................................................

FY 2023
Request
85,840
11,215

Conference
Authorized

14,683

85,840
36,215
[25,000]
1,591
29,346
[8,000]
44,526
72,387
69,320
[–1,810]
14,683

167,927
6,622
107,112
288,209

167,927
6,622
107,112
288,209

1,591
21,346
44,526
72,387
71,130

20,823
25,773
27,492
1,275

2,849,655

4,260
9,200
135,747

1,037,093
213,172
18,924

20,823
25,773
27,492
1,275
90,141
[90,141]
3,706,086

4,260
9,200
410,809
[111,100]
[55,740]
[108,222]
1,037,093
213,172
18,924

111,294
216,030

111,294
252,030
[36,000]

249,285

249,285

162,968
105,423
785,028
4,354
155,705
37,937

162,968
105,423
785,028
4,354
155,705
112,937
[75,000]

253,689

1,193,689
[700,000]
[240,000]

5,154
218,359
20,468

5,154
218,359
20,468

6,508

6,508

11,317

11,317
150,000
[150,000]
117,940
[117,940]

H. R. 7776—711
SEC. 4101. PROCUREMENT
(In Thousands of Dollars)
Line

Item
TOTAL MISSILE PROCUREMENT, ARMY ...............................

001
002
003
004
005
006
007
008
012
014

017
018
019
020
021
024

028
033
036
037
038

001

002

003
004
005
006
007
008
009
010
011
012
013

014
015

PROCUREMENT OF W&TCV, ARMY
TRACKED COMBAT VEHICLES
ARMORED MULTI PURPOSE VEHICLE (AMPV) ........................
Program increase ................................................................................
ASSAULT BREACHER VEHICLE (ABV) ........................................
MOBILE PROTECTED FIREPOWER ..............................................
MODIFICATION OF TRACKED COMBAT VEHICLES
STRYKER UPGRADE ........................................................................
Program increase modifications—Army UPL ...................................
BRADLEY PROGRAM (MOD) ..........................................................
M109 FOV MODIFICATIONS ...........................................................
PALADIN INTEGRATED MANAGEMENT (PIM) ..........................
Program increase ................................................................................
IMPROVED RECOVERY VEHICLE (M88A2 HERCULES) ...........
JOINT ASSAULT BRIDGE ...............................................................
ABRAMS UPGRADE PROGRAM .....................................................
Program increase modifications—Army UPL ...................................
Program increase upgrades—Army UPL ..........................................
WEAPONS & OTHER COMBAT VEHICLES
MULTI-ROLE ANTI-ARMOR ANTI-PERSONNEL WEAPON S ...
MORTAR SYSTEMS ..........................................................................
LOCATION & AZIMUTH DETERMINATION SYSTEM (LADS ...
XM320 GRENADE LAUNCHER MODULE (GLM) ........................
PRECISION SNIPER RIFLE ............................................................
NEXT GENERATION SQUAD WEAPON .......................................
Automatic rifle contract delays ..........................................................
Rifle contract delays ...........................................................................
MOD OF WEAPONS AND OTHER COMBAT VEH
M777 MODS ........................................................................................
M119 MODIFICATIONS ....................................................................
SUPPORT EQUIPMENT & FACILITIES
ITEMS LESS THAN $5.0M (WOCV-WTCV) ...................................
PRODUCTION BASE SUPPORT (WOCV-WTCV) ..........................
UNDISTRIBUTED .............................................................................
Inflation effects ...................................................................................
TOTAL PROCUREMENT OF W&TCV, ARMY ..........................
PROCUREMENT OF AMMUNITION, ARMY
SMALL/MEDIUM CAL AMMUNITION
CTG, 5.56MM, ALL TYPES ...............................................................
Ahead of need ......................................................................................
Program increase ................................................................................
CTG, 7.62MM, ALL TYPES ...............................................................
Carryover .............................................................................................
Program increase ................................................................................
NEXT GENERATION SQUAD WEAPON AMMUNITION ............
Schedule delays ...................................................................................
CTG, HANDGUN, ALL TYPES .........................................................
CTG, .50 CAL, ALL TYPES ...............................................................
Program increase ................................................................................
CTG, 20MM, ALL TYPES ..................................................................
CRAM program increase ....................................................................
CTG, 25MM, ALL TYPES ..................................................................
CTG, 30MM, ALL TYPES ..................................................................
CTG, 40MM, ALL TYPES ..................................................................
MORTAR AMMUNITION
60MM MORTAR, ALL TYPES ..........................................................
81MM MORTAR, ALL TYPES ..........................................................
120MM MORTAR, ALL TYPES ........................................................
TANK AMMUNITION
CARTRIDGES, TANK, 105MM AND 120MM, ALL TYPES ..........
120mm MPT—Unit cost growth ........................................................
ARTILLERY AMMUNITION
ARTILLERY CARTRIDGES, 75MM & 105MM, ALL TYPES ........
ARTILLERY PROJECTILE, 155MM, ALL TYPES .........................

FY 2023
Request
3,761,915

380,677
3,852
356,708
671,271
279,531
3,028
493,003
138,759
36,990
656,340

26,627
8,516
48,301
11,703
6,436
221,293

3,374
2,263
2,138
225,220

3,576,030

59,447

Conference
Authorized
5,355,917

780,677
[400,000]
3,852
356,708
891,171
[219,900]
279,531
3,028
688,003
[195,000]
138,759
36,990
1,278,140
[97,200]
[524,600]
26,627
8,516
48,301
11,703
6,436
202,881
[–3,387]
[–15,025]
3,374
2,263
2,138
225,220
100,659
[100,659]
5,094,977

10,270
143,045
85,213

64,724
[–4,723]
[10,000]
96,364
[–3,655]
[10,000]
96,496
[–32,166]
317
45,849
[10,000]
21,761
[10,000]
10,270
143,045
85,213

33,338
56,577
127,168

33,338
56,577
127,168

296,943

293,443
[–3,500]

7,647
182,455

7,647
212,455

90,019

128,662
317
35,849
11,761

H. R. 7776—712
SEC. 4101. PROCUREMENT
(In Thousands of Dollars)
Line

017
018
019
020
021
022
023
024
025
026
027
029
030
031
032
033
034

035
036
037

002
003
004
005
007
008

Item
Defense Industrial Base (DIB) Expansion for XM1128 and
XM113 (IB only)—155mm rounds.
Proj Arty 155mm HE RAP M1210—Early to need ..........................
PRECISION ARTILLERY MUNITIONS ..........................................
ARTILLERY PROPELLANTS, FUZES AND PRIMERS, ALL .......
MINES
MINES & CLEARING CHARGES, ALL TYPES .............................
CLOSE TERRAIN SHAPING OBSTACLE ......................................
ROCKETS
SHOULDER LAUNCHED MUNITIONS, ALL TYPES ..................
ROCKET, HYDRA 70, ALL TYPES ..................................................
OTHER AMMUNITION
CAD/PAD, ALL TYPES ......................................................................
DEMOLITION MUNITIONS, ALL TYPES ......................................
GRENADES, ALL TYPES .................................................................
SIGNALS, ALL TYPES ......................................................................
SIMULATORS, ALL TYPES .............................................................
MISCELLANEOUS
AMMO COMPONENTS, ALL TYPES ..............................................
ITEMS LESS THAN $5 MILLION (AMMO) ...................................
AMMUNITION PECULIAR EQUIPMENT ......................................
FIRST DESTINATION TRANSPORTATION (AMMO) ..................
CLOSEOUT LIABILITIES ................................................................
PRODUCTION BASE SUPPORT
INDUSTRIAL FACILITIES ...............................................................
Construction of Automated Contaminated Waste Plant, Lake City
AAP.
Construction of Electrical System Upgrade Phase I, Scranton
AAP.
Construction of Erie 1—Unload Manipulator, Scranton AAP ........
Construction of Forge Shop—Process Smog Removal System,
Scranton AAP.
Construction of Forge Shop—Replace Pipes (Subway Area),
Scranton AAP.
Construction of Industrial Sewer Modernization, Iowa AAP ..........
Construction of Infrastructure Repairs Phase I, Scranton AAP ..
Construction of Infrastructure Repairs Phase II, Scranton AAP
Construction of Medium Cal X-Ray Equipment & Infrastructure,
Iowa AAP.
Construction of Replace Internal Water/Condensate Lines, Bldgs
1, 2, & 3, Lake City AAP.
Construction of Small Caliber Automated Primer Design, Lake
City AAP.
Construction of Storage Yard K Mod & Automation, Iowa AAP ....
Construction of Ultra Violet Fire Detection System, Iowa AAP .....
Construction of Upgrade Laundry Facility, Holston AAP ...............
Construction of Water Distribution System, Radford AAP .............
Construction of Water In-take Pumps (B. 407), Radford AAP .......
Urgent Safety Upgrades to LCAAP ..................................................
CONVENTIONAL MUNITIONS DEMILITARIZATION ................
ARMS INITIATIVE ............................................................................
UNDISTRIBUTED .............................................................................
Inflation effects ...................................................................................
TOTAL PROCUREMENT OF AMMUNITION, ARMY .............
OTHER PROCUREMENT, ARMY
TACTICAL VEHICLES
SEMITRAILERS, FLATBED: ............................................................
SEMITRAILERS, TANKERS ............................................................
Carryover .............................................................................................
HI MOB MULTI-PURP WHLD VEH (HMMWV) ............................
GROUND MOBILITY VEHICLES (GMV) .......................................
Program increase—Infantry Squad Vehicle .....................................
JOINT LIGHT TACTICAL VEHICLE FAMILY OF VEHICL ........
Unit cost increases ..............................................................................
TRUCK, DUMP, 20T (CCE) ..............................................................
Program increase ................................................................................

FY 2023
Request

Conference
Authorized
[40,000]

166,334
143,763

[–10,000]
166,334
143,763

80,920
53,579

80,920
53,579

18,159
171,697

18,159
171,697

7,643
29,796
36,251
13,852
9,350

7,643
29,796
36,251
13,852
9,350

3,823
19,921
13,001
17,528
101

3,823
19,921
13,001
17,528
101

499,613

678,063
[10,000]
[3,000]
[700]
[500]
[1,250]
[1,600]
[4,300]
[3,030]
[2,400]
[8,530]
[8,000]

80,970
4,039

2,639,051

23,021
21,869
6,121
34,316
703,110

[3,300]
[3,740]
[5,600]
[25,000]
[2,500]
[95,000]
80,970
4,039
78,556
[78,556]
2,922,013

23,021
19,369
[–2,500]
6,121
47,116
[12,800]
686,396
[–16,714]
30,000
[30,000]

H. R. 7776—713
SEC. 4101. PROCUREMENT
(In Thousands of Dollars)
Line

Item

009

FAMILY OF MEDIUM TACTICAL VEH (FMTV) ..........................
Program increase ................................................................................
FAMILY OF COLD WEATHER ALL-TERRAIN VEHICLE (C ......
FIRETRUCKS & ASSOCIATED FIREFIGHTING EQUIP ............
FAMILY OF HEAVY TACTICAL VEHICLES (FHTV) ...................
Program increase ................................................................................
PLS ESP ..............................................................................................
MODIFICATION OF IN SVC EQUIP ..............................................
HMMWV safety upgrades ..................................................................
NON-TACTICAL VEHICLES
PASSENGER CARRYING VEHICLES ............................................
NONTACTICAL VEHICLES, OTHER .............................................
COMM—JOINT COMMUNICATIONS
SIGNAL MODERNIZATION PROGRAM ........................................
Equipment Cost Growth ....................................................................
Software Cost Growth ........................................................................
TACTICAL NETWORK TECHNOLOGY MOD IN SVC .................
Program acceleration (mobile networking for three maneuver battalions).
DISASTER INCIDENT RESPONSE COMMS TERMINAL (DI .....
JCSE EQUIPMENT (USRDECOM) ..................................................
COMM—SATELLITE COMMUNICATIONS
DEFENSE ENTERPRISE WIDEBAND SATCOM SYSTEMS .......
TRANSPORTABLE TACTICAL COMMAND COMMUNICATIONS.
Carryover .............................................................................................
SHF TERM ..........................................................................................
ASSURED POSITIONING, NAVIGATION AND TIMING .............
EHF SATELLITE COMMUNICATION ............................................
SMART-T (SPACE) .............................................................................
GLOBAL BRDCST SVC—GBS ..........................................................
COMM—C3 SYSTEM
COE TACTICAL SERVER INFRASTRUCTURE (TSI) ...................
Unjustified cost growth ......................................................................
COMM—COMBAT COMMUNICATIONS
HANDHELD MANPACK SMALL FORM FIT (HMS) ....................
Early to need—single-channel data radio .........................................
Excess to need—handheld radio systems engineering ....................
ARMY LINK 16 SYSTEMS ...............................................................
UNIFIED COMMAND SUITE ..........................................................
COTS COMMUNICATIONS EQUIPMENT .....................................
LCTRR costs previously funded ........................................................
FAMILY OF MED COMM FOR COMBAT CASUALTY CARE .....
ARMY COMMUNICATIONS & ELECTRONICS ............................
COMM—INTELLIGENCE COMM
CI AUTOMATION ARCHITECTURE-INTEL .................................
MULTI-DOMAIN INTELLIGENCE .................................................
INFORMATION SECURITY
INFORMATION SYSTEM SECURITY PROGRAM-ISSP ..............
COMMUNICATIONS SECURITY (COMSEC) ................................
INSIDER THREAT PROGRAM—UNIT ACTIVITY MONITO .......
BIOMETRIC ENABLING CAPABILITY (BEC) ..............................
ARCYBER DEFENSIVE CYBER OPERATIONS ............................
COMM—LONG HAUL COMMUNICATIONS
BASE SUPPORT COMMUNICATIONS ...........................................
CONUS land mobile radio .................................................................
COMM—BASE COMMUNICATIONS
INFORMATION SYSTEMS ...............................................................
Ahead of need ......................................................................................
EMERGENCY MANAGEMENT MODERNIZATION PROGRAM
INSTALLATION INFO INFRASTRUCTURE MOD PROGRAM ...
ELECT EQUIP—TACT INT REL ACT (TIARA)
TITAN ..................................................................................................
Army requested realignment to OPA line 66 ...................................
Army Requested Realignment to RDTE ...........................................
Funding ahead of need .......................................................................
JTT/CIBS-M ........................................................................................

010
011
012
013
016

017
018
019

020

022
023
026
027

028
029
030
031
032
034

035

037
039
040
041
042
043
045
046
047
049
051
052
054

055
056
059
062

063

FY 2023
Request
74,086
23,772
39,950
96,112
54,674
31,819

Conference
Authorized
157,746
[83,660]
23,772
39,950
206,112
[110,000]
54,674
214,819
[183,000]

1,286
15,059

1,286
15,059

179,853

169,853
[–5,000]
[–5,000]
417,007
[35,000]

382,007

4,066
5,505

4,066
5,505

107,228
119,259

107,228
114,250

23,173
184,911
5,853
4,916
3,179

[–5,009]
23,173
184,911
5,853
4,916
3,179

94,287

90,387
[–3,900]

728,366

7,621
59,705

720,592
[–5,774]
[–2,000]
47,581
20,178
313,654
[–6,941]
7,621
59,705

13,891
20,637

13,891
20,637

1,019
125,692
1,796
816
18,239

1,019
125,692
1,796
816
18,239

10,262

25,262
[15,000]

116,522

93,999
[–22,523]
5,036
214,806

47,581
20,178
320,595

5,036
214,806
84,821

2,352

0
[–19,680]
[–50,900]
[–14,241]
2,352

H. R. 7776—714
SEC. 4101. PROCUREMENT
(In Thousands of Dollars)
Line

Item

064

TERRESTRIAL LAYER SYSTEMS (TLS) .......................................
Production contract ahead of need ....................................................
Realignment of funds .........................................................................
DCGS-A-INTEL ..................................................................................
Army requested realignment from OPA line 62 ..............................
JOINT TACTICAL GROUND STATION (JTAGS)-INTEL .............
TROJAN ..............................................................................................
MOD OF IN-SVC EQUIP (INTEL SPT) ...........................................
INDOPACOM UFR—SIGINT upgrades ...........................................
Prophet Enhanced ESP Kits ..............................................................
BIOMETRIC TACTICAL COLLECTION DEVICES .......................
ELECT EQUIP—ELECTRONIC WARFARE (EW)
AIR VIGILANCE (AV) .......................................................................
MULTI-FUNCTION ELECTRONIC WARFARE (MFEW) SYST ...
COUNTERINTELLIGENCE/SECURITY COUNTERMEASURES
Carryover .............................................................................................
CI MODERNIZATION .......................................................................
ELECT EQUIP—TACTICAL SURV. (TAC SURV)
SENTINEL MODS .............................................................................
NIGHT VISION DEVICES ................................................................
ENVGB program extension ...............................................................
IVAS—Army requested realignment to RDTE .................................
SMALL TACTICAL OPTICAL RIFLE MOUNTED MLRF .............
FAMILY OF WEAPON SIGHTS (FWS) ...........................................
Program decrease ...............................................................................
ENHANCED PORTABLE INDUCTIVE ARTILLERY FUZE SE ...
FORWARD LOOKING INFRARED (IFLIR) ....................................
COUNTER SMALL UNMANNED AERIAL SYSTEM (C-SUAS) ..
JOINT BATTLE COMMAND—PLATFORM (JBC-P) .....................
JOINT EFFECTS TARGETING SYSTEM (JETS) ..........................
Program reduction ..............................................................................
COMPUTER BALLISTICS: LHMBC XM32 .....................................
MORTAR FIRE CONTROL SYSTEM ..............................................
MORTAR FIRE CONTROL SYSTEMS MODIFICATIONS ............
COUNTERFIRE RADARS .................................................................
ELECT EQUIP—TACTICAL C2 SYSTEMS
ARMY COMMAND POST INTEGRATED INFRASTRUCTURE (
FIRE SUPPORT C2 FAMILY ............................................................
AIR & MSL DEFENSE PLANNING & CONTROL SYS ................
IAMD BATTLE COMMAND SYSTEM .............................................
LIFE CYCLE SOFTWARE SUPPORT (LCSS) ................................
NETWORK MANAGEMENT INITIALIZATION AND SERVICE
GLOBAL COMBAT SUPPORT SYSTEM-ARMY (GCSS-A) ...........
INTEGRATED PERSONNEL AND PAY SYSTEM-ARMY (IPP ....
MOD OF IN-SVC EQUIPMENT (ENFIRE) .....................................
GPS laser leveling system ..................................................................
ELECT EQUIP—AUTOMATION
ARMY TRAINING MODERNIZATION ............................................
AUTOMATED DATA PROCESSING EQUIP ..................................
ACCESSIONS INFORMATION ENVIRONMENT (AIE) ...............
Insufficient justification .....................................................................
GENERAL FUND ENTERPRISE BUSINESS SYSTEMS FAM ....
HIGH PERF COMPUTING MOD PGM (HPCMP) ..........................
CONTRACT WRITING SYSTEM ......................................................
Licenses ahead of need .......................................................................
CSS COMMUNICATIONS .................................................................
ELECT EQUIP—SUPPORT
BCT EMERGING TECHNOLOGIES ................................................
CLASSIFIED PROGRAMS
CLASSIFIED PROGRAMS ................................................................
CHEMICAL DEFENSIVE EQUIPMENT
BASE DEFENSE SYSTEMS (BDS) ..................................................
CBRN DEFENSE ...............................................................................
BRIDGING EQUIPMENT
TACTICAL BRIDGING ......................................................................
BRIDGE SUPPLEMENTAL SET ......................................................
Carryover .............................................................................................

066
067
068
069

070
073
074
076
077
078
079

080
082
083
084
085
086
087
088
089
090
091
092
093
094
095
096
097
098
099
101

102
103
104
105
106
107
108
111
099
113
114
116
118

FY 2023
Request
88,915

76,771
349
20,562
30,424

2,269
5,688
3,060
19,519
437
166,736
424,253

11,357
202,258
5,116
37,914
326,364
186,515
10,304
3,038
4,879
4,370
162,208

Conference
Authorized
8,373
[–42,542]
[–38,000]
96,451
[19,680]
349
20,562
49,724
[9,300]
[10,000]
2,269
5,688
3,060
15,019
[–4,500]
437
166,736
425,253
[100,000]
[–99,000]
11,357
195,818
[–6,440]
5,116
37,914
326,364
186,515
5,152
[–5,152]
3,038
4,879
4,370
162,208

60,455
9,676
72,619
438,967
4,586
37,199
4,102
6,926
4,076

60,455
9,676
72,619
438,967
4,586
37,199
4,102
6,926
15,076
[11,000]

8,033
96,554
43,767

88,141

8,033
96,554
19,500
[–24,267]
97
73,655
4,075
[–13,626]
88,141

12,853

12,853

1,596

1,596

47,960
56,129

47,960
56,129

13,785
6,774

13,785
1,045
[–5,729]

97
73,655
17,701

H. R. 7776—715
SEC. 4101. PROCUREMENT
(In Thousands of Dollars)
Line

Item

119

COMMON BRIDGE TRANSPORTER (CBT) RECAP .....................
ENGINEER (NON-CONSTRUCTION) EQUIPMENT
ROBOTICS AND APPLIQUE SYSTEMS .........................................
COMBAT SERVICE SUPPORT EQUIPMENT
HEATERS AND ECU’S ......................................................................
PERSONNEL RECOVERY SUPPORT SYSTEM (PRSS) ...............
GROUND SOLDIER SYSTEM ..........................................................
MOBILE SOLDIER POWER .............................................................
FORCE PROVIDER ...........................................................................
Program increase ................................................................................
CARGO AERIAL DEL & PERSONNEL PARACHUTE SYSTEM
ITEMS LESS THAN $5M (ENG SPT) ..............................................
PETROLEUM EQUIPMENT
QUALITY SURVEILLANCE EQUIPMENT ....................................
DISTRIBUTION SYSTEMS, PETROLEUM & WATER .................
MEDICAL EQUIPMENT
COMBAT SUPPORT MEDICAL .......................................................
MAINTENANCE EQUIPMENT
MOBILE MAINTENANCE EQUIPMENT SYSTEMS ....................
CONSTRUCTION EQUIPMENT
ALL TERRAIN CRANES ...................................................................
HIGH MOBILITY ENGINEER EXCAVATOR (HMEE) ..................
Program increase ................................................................................
FAMILY OF DIVER SUPPORT EQUIPMENT ...............................
CONST EQUIP ESP ...........................................................................
RAIL FLOAT CONTAINERIZATION EQUIPMENT
ARMY WATERCRAFT ESP ..............................................................
MANEUVER SUPPORT VESSEL (MSV) ........................................
ITEMS LESS THAN $5.0M (FLOAT/RAIL) .....................................
GENERATORS
GENERATORS AND ASSOCIATED EQUIP ...................................
TACTICAL ELECTRIC POWER RECAPITALIZATION ................
MATERIAL HANDLING EQUIPMENT
FAMILY OF FORKLIFTS ..................................................................
TRAINING EQUIPMENT
COMBAT TRAINING CENTERS SUPPORT ...................................
TRAINING DEVICES, NONSYSTEM ..............................................
Program decrease ...............................................................................
SYNTHETIC TRAINING ENVIRONMENT (STE) ..........................
SiVT—Army requested realignment to RDTE .................................
GAMING TECHNOLOGY IN SUPPORT OF ARMY TRAINING ..
TEST MEASURE AND DIG EQUIPMENT (TMD)
INTEGRATED FAMILY OF TEST EQUIPMENT (IFTE) ..............
TEST EQUIPMENT MODERNIZATION (TEMOD) .......................
OTHER SUPPORT EQUIPMENT
PHYSICAL SECURITY SYSTEMS (OPA3) .....................................
AFRICOM UFR—force protection .....................................................
BASE LEVEL COMMON EQUIPMENT ..........................................
MODIFICATION OF IN-SVC EQUIPMENT (OPA–3) ....................
BUILDING, PRE-FAB, RELOCATABLE .........................................
SPECIAL EQUIPMENT FOR TEST AND EVALUATION .............
OPA2
INITIAL SPARES—C&E ...................................................................
UNDISTRIBUTED .............................................................................
Inflation effects ...................................................................................
TOTAL OTHER PROCUREMENT, ARMY .................................

124
127
129
130
131
132
134
136
137
138
139
140
147
148
149
150
151
152
153
154
155
156
157
158
159
160
162
164
166
167
168
169
170
172
173

001
002

003
004

AIRCRAFT PROCUREMENT, NAVY
COMBAT AIRCRAFT
F/A–18E/F (FIGHTER) HORNET .....................................................
8 aircraft—USNR ...............................................................................
JOINT STRIKE FIGHTER CV ..........................................................
Three additional Joint Strike Fighter aircraft .................................
TR–3 Organic Depot Standup ............................................................
JOINT STRIKE FIGHTER CV ..........................................................
Economic order quantity unjustified request ...................................
JSF STOVL .........................................................................................

FY 2023
Request

Conference
Authorized

10,379

10,379

52,340

52,340

7,672
4,691
124,953
15,933

42,444
4,155

7,672
4,691
124,953
15,933
12,000
[12,000]
42,444
4,155

2,845
26,433

2,845
26,433

75,606

75,606

3,936

3,936

31,341

31,341
10,000
[10,000]
3,256
9,104

3,256
9,104
47,889
104,676
10,131

47,889
104,676
10,131

54,400
8,293

54,400
8,293

8,819

8,819

48,046
201,966

9,546

48,046
199,669
[–2,297]
219,670
[–36,000]
9,546

36,514
32,734

36,514
32,734

102,556

116,706
[14,150]
31,417
24,047
32,151
84,779

255,670

31,417
24,047
32,151
84,779
10,463

8,457,509

90,865
1,663,515

387,596
1,909,635

10,463
291,568
[291,568]
8,966,932

756,865
[666,000]
2,017,715
[313,600]
[40,600]
224,496
[–163,100]
1,950,235

H. R. 7776—716
SEC. 4101. PROCUREMENT
(In Thousands of Dollars)
Line

005
006

007
008
011
012

014
015
016
017
019
020
021
022
023
024
025

027
028
029
030
031
032
033
034
035
036
037
038
039
040
042
043
044
045
046
047
048
049
050
051
052
053
054
055
056
057
058

Item
TR–3 Organic Depot Standup ............................................................
JSF STOVL .........................................................................................
CH–53K (HEAVY LIFT) ....................................................................
Engineering change orders excess growth ........................................
Unjustified cost growth—Other ILS .................................................
Unjustified cost growth—Pubs/ Tech data .......................................
USMC UFR—additional aircraft .......................................................
CH–53K (HEAVY LIFT) ....................................................................
V–22 (MEDIUM LIFT) .......................................................................
Unit quantity increase—2 aircraft ....................................................
P–8A POSEIDON ...............................................................................
E–2D ADV HAWKEYE ......................................................................
2 additional E–2D aircraft—Navy UPL ............................................
Non-recurring excess growth .............................................................
TRAINER AIRCRAFT
MULTI-ENGINE TRAINING SYSTEM (METS) .............................
Support cost excess growth ................................................................
ADVANCED HELICOPTER TRAINING SYSTEM .........................
OTHER AIRCRAFT
KC–130J ..............................................................................................
KC–130J ..............................................................................................
MQ–4 TRITON ....................................................................................
Program decrease ...............................................................................
MQ–4 TRITON ....................................................................................
MQ–8 UAV ..........................................................................................
Costs associated with restoring 5 LCS .............................................
STUASL0 UAV ...................................................................................
MQ–25 .................................................................................................
MQ–25 .................................................................................................
MARINE GROUP 5 UAS ...................................................................
Program decrease ...............................................................................
MODIFICATION OF AIRCRAFT
F–18 A-D UNIQUE ............................................................................
F–18E/F AND EA–18G MODERNIZATION AND SUSTAINM .....
MARINE GROUP 5 UAS SERIES ....................................................
AEA SYSTEMS ...................................................................................
AV–8 SERIES .....................................................................................
INFRARED SEARCH AND TRACK (IRST) .....................................
Reduction in units ..............................................................................
ADVERSARY ......................................................................................
F–18 SERIES ......................................................................................
H–53 SERIES ......................................................................................
MH–60 SERIES ..................................................................................
H–1 SERIES ........................................................................................
EP–3 SERIES ......................................................................................
E–2 SERIES ........................................................................................
TRAINER A/C SERIES ......................................................................
C–130 SERIES ....................................................................................
FEWSG ................................................................................................
CARGO/TRANSPORT A/C SERIES ..................................................
E–6 SERIES ........................................................................................
EXECUTIVE HELICOPTERS SERIES ............................................
T–45 SERIES ......................................................................................
POWER PLANT CHANGES ..............................................................
JPATS SERIES ...................................................................................
AVIATION LIFE SUPPORT MODS .................................................
COMMON ECM EQUIPMENT .........................................................
COMMON AVIONICS CHANGES ....................................................
Installation equipment NRE previously funded ..............................
COMMON DEFENSIVE WEAPON SYSTEM .................................
ID SYSTEMS ......................................................................................
P–8 SERIES ........................................................................................
MAGTF EW FOR AVIATION ............................................................
MQ–8 SERIES ....................................................................................
Costs associated with restoring 5 LCS .............................................
V–22 (TILT/ROTOR ACFT) OSPREY ...............................................
V–22 Nacelle Improvement ................................................................

FY 2023
Request

200,118
1,669,986

357,824
31,795
41,521
842,401

123,217
119,816
439,501
29,122
587,820
75,235

2,703
696,713
51,463
103,882

141,514
572,681
86,116
25,058
26,657
144,699
105,188
480,663
40,151
126,238
122,498
8,492
188,897
9,568
132,170
695
10,902
129,049
55,265
201,670
24,685
19,780
1,143
129,722
136,883
6,373
3,828
249,342
24,684
9,846
207,621

Conference
Authorized
[40,600]
200,118
1,898,196
[–15,790]
[–2,000]
[–4,000]
[250,000]
357,824
243,795
[212,000]
41,521
1,235,762
[399,900]
[–6,539]
107,801
[–15,416]
119,816
439,501
29,122
584,192
[–3,628]
75,235
21,000
[21,000]
2,703
696,713
51,463
98,132
[–5,750]
141,514
572,681
86,116
25,058
26,657
134,329
[–10,370]
105,188
480,663
40,151
126,238
122,498
8,492
188,897
9,568
132,170
695
10,902
129,049
55,265
201,670
24,685
19,780
1,143
129,722
131,883
[–5,000]
6,373
3,828
249,342
24,684
17,146
[7,300]
290,121
[82,500]

H. R. 7776—717
SEC. 4101. PROCUREMENT
(In Thousands of Dollars)
Line

Item

059

NEXT GENERATION JAMMER (NGJ) ...........................................
Program increase—2 shipsets - Navy UPL ......................................
F–35 STOVL SERIES ........................................................................
Prior year under execution ................................................................
F–35 CV SERIES ................................................................................
Prior year under execution ................................................................
QRC .....................................................................................................
MQ–4 SERIES ....................................................................................
Prior year under execution ................................................................
RQ–21 SERIES ...................................................................................
AIRCRAFT SPARES AND REPAIR PARTS
SPARES AND REPAIR PARTS ........................................................
Costs associated with restoring 5 LCS .............................................
Navy UFR—aviation outfitting spares in support of carrier
airwings.
AIRCRAFT SUPPORT EQUIP & FACILITIES
COMMON GROUND EQUIPMENT .................................................
AIRCRAFT INDUSTRIAL FACILITIES ..........................................
WAR CONSUMABLES ......................................................................
OTHER PRODUCTION CHARGES ..................................................
SPECIAL SUPPORT EQUIPMENT .................................................
UNDISTRIBUTED .............................................................................
Inflation effects ...................................................................................
TOTAL AIRCRAFT PROCUREMENT, NAVY ...........................

060
061
062
063
064
068

069
070
071
072
073
074

001

002
003
004
005
006

008

009
010
011
012
013
014
015
016

017

018
019
020
021
023

022

WEAPONS PROCUREMENT, NAVY
MODIFICATION OF MISSILES
TRIDENT II MODS ............................................................................
Defense Industrial Base (DIB) Expansion for Trident II Mods ......
SUPPORT EQUIPMENT & FACILITIES
MISSILE INDUSTRIAL FACILITIES ..............................................
STRATEGIC MISSILES
TOMAHAWK ......................................................................................
TACTICAL MISSILES
AMRAAM ............................................................................................
SIDEWINDER ....................................................................................
Navy UFR—additional AIM–9X ........................................................
STANDARD MISSILE .......................................................................
Capacity expansion—dual-source energetics ....................................
Capacity expansion—test/tooling equipment ....................................
JASSM .................................................................................................
Navy requested transfer to line 16 ...................................................
Navy requested transfer to RDTE line 93 ........................................
SMALL DIAMETER BOMB II ..........................................................
Unit cost growth—AUR ......................................................................
RAM .....................................................................................................
JOINT AIR GROUND MISSILE (JAGM) .........................................
HELLFIRE ..........................................................................................
AERIAL TARGETS ............................................................................
DRONES AND DECOYS ...................................................................
Stabilize production ramp ..................................................................
OTHER MISSILE SUPPORT ............................................................
LRASM ................................................................................................
Defense Industrial Base (DIB) Expansion for LRASM ...................
Navy requested transfer from line 8 .................................................
NAVAL STRIKE MISSILE (NSM) ....................................................
Naval Strike Missiles—Advanced Procurement ...............................
MODIFICATION OF MISSILES
TOMAHAWK MODS ..........................................................................
ESSM ...................................................................................................
AARGM ................................................................................................
Production increase ............................................................................
STANDARD MISSILES MODS .........................................................
INDUSTRIAL PREPAREDNESS ......................................................
Defense Industrial Base (DIB) Expansion for Harpoon Missiles ...
SUPPORT EQUIPMENT & FACILITIES
WEAPONS INDUSTRIAL FACILITIES ..........................................

FY 2023
Request
401,563
216,356
208,336
47,864
94,738
6,576

Conference
Authorized
468,563
[67,000]
199,294
[–17,062]
204,110
[–4,226]
47,864
91,977
[–2,761]
6,576

1,872,417

2,166,317
[1,200]
[292,700]

542,214
101,559
40,316
46,403
423,280

542,214
101,559
40,316
46,403
423,280
491,186
[491,186]
19,478,372

16,848,428

1,125,164

1,176,164
[51,000]

7,767

7,767

160,190

160,190

335,900
63,288

335,900
89,188
[25,900]
739,123
[50,000]
[200,000]
0
[–12,000]
[–46,481]
104,421
[–3,896]
92,131
78,395
6,603
183,222
50,430
[–12,500]
3,524
291,022
[53,000]
[12,000]
259,034
[200,000]

489,123

58,481

108,317
92,131
78,395
6,603
183,222
62,930
3,524
226,022

59,034

435,308
282,035
131,275
71,198

1,976

435,308
282,035
171,275
[40,000]
71,198
20,000
[20,000]
6,976

H. R. 7776—718
SEC. 4101. PROCUREMENT
(In Thousands of Dollars)
Line

025
026
027
028
029
030
031

032
033
034
035
036
037
038
039
040
042
043

001
002
003
004
005
006
007
008
009
010
011
012
013
014
015
016
017
018
019
020
021
022

Item
Hypersonic test facility .......................................................................
ORDNANCE SUPPORT EQUIPMENT
ORDNANCE SUPPORT EQUIPMENT ............................................
TORPEDOES AND RELATED EQUIP
SSTD ....................................................................................................
MK–48 TORPEDO ..............................................................................
Navy UFR—additional MK 48 procurement ....................................
ASW TARGETS ..................................................................................
MOD OF TORPEDOES AND RELATED EQUIP
MK–54 TORPEDO MODS .................................................................
Mk54 LWT program increase ............................................................
MK–48 TORPEDO ADCAP MODS ...................................................
MARITIME MINES ............................................................................
Hammerhead .......................................................................................
Mk68 ....................................................................................................
SUPPORT EQUIPMENT
TORPEDO SUPPORT EQUIPMENT ...............................................
ASW RANGE SUPPORT ...................................................................
DESTINATION TRANSPORTATION
FIRST DESTINATION TRANSPORTATION ..................................
GUNS AND GUN MOUNTS
SMALL ARMS AND WEAPONS .......................................................
MODIFICATION OF GUNS AND GUN MOUNTS
CIWS MODS .......................................................................................
COAST GUARD WEAPONS ..............................................................
GUN MOUNT MODS .........................................................................
LCS MODULE WEAPONS ................................................................
AIRBORNE MINE NEUTRALIZATION SYSTEMS .......................
SPARES AND REPAIR PARTS
SPARES AND REPAIR PARTS ........................................................
UNDISTRIBUTED .............................................................................
Inflation effects ...................................................................................
TOTAL WEAPONS PROCUREMENT, NAVY ............................
PROCUREMENT OF AMMO, NAVY & MC
NAVY AMMUNITION
GENERAL PURPOSE BOMBS .........................................................
JDAM ...................................................................................................
AIRBORNE ROCKETS, ALL TYPES ...............................................
MACHINE GUN AMMUNITION ......................................................
PRACTICE BOMBS ...........................................................................
Prior year under execution ................................................................
CARTRIDGES & CART ACTUATED DEVICES .............................
AIR EXPENDABLE COUNTERMEASURES ..................................
Program rephasing—IR decoys .........................................................
JATOS .................................................................................................
5 INCH/54 GUN AMMUNITION ......................................................
INTERMEDIATE CALIBER GUN AMMUNITION ........................
OTHER SHIP GUN AMMUNITION ................................................
Goalkeeper long lead procurement ....................................................
SMALL ARMS & LANDING PARTY AMMO ..................................
Excess to need—50 CAL LKD and tracer .........................................
PYROTECHNIC AND DEMOLITION ..............................................
AMMUNITION LESS THAN $5 MILLION .....................................
MARINE CORPS AMMUNITION
MORTARS ...........................................................................................
DIRECT SUPPORT MUNITIONS ....................................................
Various munitions unit cost growth ..................................................
INFANTRY WEAPONS AMMUNITION ..........................................
COMBAT SUPPORT MUNITIONS ..................................................
AMMO MODERNIZATION ...............................................................
ARTILLERY MUNITIONS ................................................................
ITEMS LESS THAN $5 MILLION ...................................................
UNDISTRIBUTED .............................................................................
Inflation effects ...................................................................................
TOTAL PROCUREMENT OF AMMO, NAVY & MC .................

FY 2023
Request

Conference
Authorized
[5,000]

40,793

40,793

3,789
151,128

3,789
200,128
[49,000]
14,403

14,403
106,772
18,502
9,282

232,172
[125,400]
18,502
245,332
[225,000]
[11,050]

87,044
3,965

87,044
3,965

5,315

5,315

13,859

13,859

2,655
34,259
81,725
4,580
8,710

2,655
34,259
81,725
4,580
8,710

170,041

4,738,705

47,198
76,688
70,005
20,586
51,109
72,534
114,475
7,096
30,018
40,089
42,707
49,023
9,480
1,622
71,214
65,169
225,271
19,691
17,327
15,514
5,476

1,052,292

170,041
129,375
[129,375]
5,860,553

47,198
76,688
70,005
20,586
48,843
[–2,266]
72,534
108,859
[–5,616]
7,096
30,018
40,089
189,707
[147,000]
45,971
[–3,052]
9,480
1,622
71,214
62,627
[–2,542]
225,271
19,691
17,327
15,514
5,476
33,521
[33,521]
1,219,337

H. R. 7776—719
SEC. 4101. PROCUREMENT
(In Thousands of Dollars)
Line

001
002
003
004
005
006
008
009
010

011
013
014

015
016
020
021

022
024
027
028
029
030
031
032
033

001
002
003

004
005
006
007
008
009
010
011
012
013
014
015
016

Item
SHIPBUILDING AND CONVERSION, NAVY
FLEET BALLISTIC MISSILE SHIPS
OHIO REPLACEMENT SUBMARINE .............................................
OHIO REPLACEMENT SUBMARINE .............................................
OTHER WARSHIPS
CARRIER REPLACEMENT PROGRAM ..........................................
Program decrease ...............................................................................
CVN–81 ...............................................................................................
VIRGINIA CLASS SUBMARINE ......................................................
VIRGINIA CLASS SUBMARINE ......................................................
CVN REFUELING OVERHAULS ....................................................
Unjustified electronics cost growth ...................................................
DDG 1000 ............................................................................................
DDG–51 ...............................................................................................
Large Surface Combatant Shipyard Infrastructure .........................
One additional ship ............................................................................
DDG–51 ...............................................................................................
Third DDG in FY 2024 .......................................................................
FFG-FRIGATE ....................................................................................
FFG-FRIGATE ....................................................................................
Advance procurement unjustified request ........................................
AMPHIBIOUS SHIPS
LPD FLIGHT II ..................................................................................
LPD FLIGHT II ..................................................................................
USMC UFR—Advance procurement for LPD–33 ............................
LHA REPLACEMENT .......................................................................
LHA 10 advance procurement ...........................................................
EXPEDITIONARY FAST TRANSPORT (EPF) ................................
EMS .....................................................................................................
AUXILIARIES, CRAFT AND PRIOR YR PROGRAM COST
TAO FLEET OILER ...........................................................................
TOWING, SALVAGE, AND RESCUE SHIP (ATS) .........................
OUTFITTING ......................................................................................
SHIP TO SHORE CONNECTOR ......................................................
Unit quantity increase .......................................................................
SERVICE CRAFT ...............................................................................
Auxiliary personnel lighters barracks craft ......................................
LCAC SLEP ........................................................................................
AUXILIARY VESSELS (USED SEALIFT) .......................................
COMPLETION OF PY SHIPBUILDING PROGRAMS ...................
UNDISTRIBUTED .............................................................................
Inflation effects ...................................................................................
TOTAL SHIPBUILDING AND CONVERSION, NAVY .............
OTHER PROCUREMENT, NAVY
SHIP PROPULSION EQUIPMENT
SURFACE POWER EQUIPMENT ....................................................
GENERATORS
SURFACE COMBATANT HM&E .....................................................
NAVIGATION EQUIPMENT
OTHER NAVIGATION EQUIPMENT ..............................................
Program decrease ...............................................................................
OTHER SHIPBOARD EQUIPMENT
SUB PERISCOPE, IMAGING AND SUPT EQUIP PROG .............
Unjustified growth ..............................................................................
DDG MOD ...........................................................................................
FIREFIGHTING EQUIPMENT ........................................................
COMMAND AND CONTROL SWITCHBOARD ..............................
LHA/LHD MIDLIFE ...........................................................................
LCC 19/20 EXTENDED SERVICE LIFE PROGRAM .....................
POLLUTION CONTROL EQUIPMENT ...........................................
SUBMARINE SUPPORT EQUIPMENT ..........................................
VIRGINIA CLASS SUPPORT EQUIPMENT ...................................
LCS CLASS SUPPORT EQUIPMENT .............................................
SUBMARINE BATTERIES ...............................................................
LPD CLASS SUPPORT EQUIPMENT .............................................
DDG 1000 CLASS SUPPORT EQUIPMENT ...................................

FY 2023
Request

Conference
Authorized

3,079,223
2,778,553

3,079,223
2,778,553

1,481,530

1,466,530
[–15,000]
1,052,024
4,534,184
2,025,651
612,081
[–6,214]
72,976
6,816,537
[250,000]
[2,190,000]
695,652
[77,300]
1,085,224
0
[–74,949]

1,052,024
4,534,184
2,025,651
618,295
72,976
4,376,537

618,352
1,085,224
74,949

1,673,000

1,085,470

794,719
95,915
707,412
190,433
68,274
36,301
140,686
1,328,146

27,917,854

1,673,000
250,000
[250,000]
1,374,470
[289,000]
645,000
[645,000]
794,719
95,915
707,412
391,838
[201,405]
91,274
[23,000]
36,301
140,686
1,328,146
839,239
[839,239]
32,586,635

46,478

46,478

84,615

84,615

98,079

87,800
[–10,279]

266,300

261,011
[–5,289]
770,341
19,687
2,406
38,200
20,028
17,682
117,799
32,300
15,238
24,137
54,496
284,333

770,341
19,687
2,406
38,200
20,028
17,682
117,799
32,300
15,238
24,137
54,496
314,333

H. R. 7776—720
SEC. 4101. PROCUREMENT
(In Thousands of Dollars)
Line

017
018
019
020
021
022
023
025
026
027
028
029

030
031
032

033
034
035
036
037
038
039
040
041
042
043
044
045
046
047
048
049
050
051
052
054
055
056
057
058
059
060
061
062
063
064
065
066
067
068
069

Item
Program decrease ...............................................................................
STRATEGIC PLATFORM SUPPORT EQUIP .................................
DSSP EQUIPMENT ...........................................................................
CG MODERNIZATION ......................................................................
LCAC ...................................................................................................
UNDERWATER EOD EQUIPMENT ................................................
ITEMS LESS THAN $5 MILLION ...................................................
CHEMICAL WARFARE DETECTORS ............................................
REACTOR PLANT EQUIPMENT
SHIP MAINTENANCE, REPAIR AND MODERNIZATION ..........
REACTOR POWER UNITS ...............................................................
REACTOR COMPONENTS ...............................................................
OCEAN ENGINEERING
DIVING AND SALVAGE EQUIPMENT ..........................................
SMALL BOATS
STANDARD BOATS ...........................................................................
Six additional 40-foot Patrol Boats ...................................................
PRODUCTION FACILITIES EQUIPMENT
OPERATING FORCES IPE ...............................................................
OTHER SHIP SUPPORT
LCS COMMON MISSION MODULES EQUIPMENT ....................
LCS MCM MISSION MODULES .....................................................
Mine Countermeasures Mission Package Capacity and Wholeness—Navy UPL.
LCS ASW MISSION MODULES ......................................................
LCS SUW MISSION MODULES ......................................................
LCS IN-SERVICE MODERNIZATION .............................................
SMALL & MEDIUM UUV .................................................................
SHIP SONARS
SPQ–9B RADAR .................................................................................
AN/SQQ–89 SURF ASW COMBAT SYSTEM ..................................
SSN ACOUSTIC EQUIPMENT ........................................................
UNDERSEA WARFARE SUPPORT EQUIPMENT ........................
ASW ELECTRONIC EQUIPMENT
SUBMARINE ACOUSTIC WARFARE SYSTEM ............................
SSTD ....................................................................................................
FIXED SURVEILLANCE SYSTEM ..................................................
SURTASS ............................................................................................
ELECTRONIC WARFARE EQUIPMENT
AN/SLQ–32 ..........................................................................................
RECONNAISSANCE EQUIPMENT
SHIPBOARD IW EXPLOIT ...............................................................
AUTOMATED IDENTIFICATION SYSTEM (AIS) .........................
OTHER SHIP ELECTRONIC EQUIPMENT
COOPERATIVE ENGAGEMENT CAPABILITY .............................
NAVAL TACTICAL COMMAND SUPPORT SYSTEM (NTCSS) ...
ATDLS .................................................................................................
NAVY COMMAND AND CONTROL SYSTEM (NCCS) .................
MINESWEEPING SYSTEM REPLACEMENT ................................
NAVSTAR GPS RECEIVERS (SPACE) ............................................
AMERICAN FORCES RADIO AND TV SERVICE .........................
STRATEGIC PLATFORM SUPPORT EQUIP .................................
AVIATION ELECTRONIC EQUIPMENT
ASHORE ATC EQUIPMENT ............................................................
AFLOAT ATC EQUIPMENT .............................................................
ID SYSTEMS ......................................................................................
JOINT PRECISION APPROACH AND LANDING SYSTEM ( ......
NAVAL MISSION PLANNING SYSTEMS ......................................
OTHER SHORE ELECTRONIC EQUIPMENT
MARITIME INTEGRATED BROADCAST SYSTEM ......................
TACTICAL/MOBILE C4I SYSTEMS ................................................
DCGS-N ...............................................................................................
CANES .................................................................................................
RADIAC ...............................................................................................
CANES-INTELL .................................................................................
GPETE .................................................................................................
MASF ...................................................................................................

FY 2023
Request

13,504
3,660
59,054
17,452
35,417
60,812
3,202

Conference
Authorized
[–30,000]
13,504
3,660
59,054
17,452
35,417
60,812
3,202

1,242,532
4,690
408,989

1,242,532
4,690
408,989

11,773

11,773

57,262

77,262
[20,000]

174,743

174,743

57,313
94,987

57,313
97,187
[2,200]

3,594
5,100
76,526
49,763

3,594
5,100
76,526
49,763

12,063
141,591
446,653
17,424

12,063
141,591
446,653
17,424

31,708
14,325
266,228
25,030

31,708
14,325
266,228
25,030

292,417

292,417

311,210
2,487

311,210
2,487

34,500
19,038
73,675
3,435
16,336
30,439
2,724
6,266

34,500
19,038
73,675
3,435
16,336
30,439
2,724
6,266

89,396
86,732
59,226
8,186
26,778

89,396
86,732
59,226
8,186
26,778

3,520
31,840
15,606
402,550
9,062
48,665
23,479
11,792

3,520
31,840
15,606
402,550
9,062
48,665
23,479
11,792

H. R. 7776—721
SEC. 4101. PROCUREMENT
(In Thousands of Dollars)
Line

Item

070
071
072

INTEG COMBAT SYSTEM TEST FACILITY .................................
EMI CONTROL INSTRUMENTATION ...........................................
ITEMS LESS THAN $5 MILLION ...................................................
SHIPBOARD COMMUNICATIONS
SHIPBOARD TACTICAL COMMUNICATIONS .............................
SHIP COMMUNICATIONS AUTOMATION ...................................
COMMUNICATIONS ITEMS UNDER $5M ....................................
SUBMARINE COMMUNICATIONS
SUBMARINE BROADCAST SUPPORT ...........................................
SUBMARINE COMMUNICATION EQUIPMENT ..........................
SATELLITE COMMUNICATIONS
SATELLITE COMMUNICATIONS SYSTEMS ................................
NAVY MULTIBAND TERMINAL (NMT) ........................................
SHORE COMMUNICATIONS
JOINT COMMUNICATIONS SUPPORT ELEMENT (JCSE) ........
CRYPTOGRAPHIC EQUIPMENT
INFO SYSTEMS SECURITY PROGRAM (ISSP) ............................
MIO INTEL EXPLOITATION TEAM ...............................................
CRYPTOLOGIC EQUIPMENT
CRYPTOLOGIC COMMUNICATIONS EQUIP ...............................
INDOPACOM UFR—SIGINT upgrades ...........................................
OTHER ELECTRONIC SUPPORT
COAST GUARD EQUIPMENT .........................................................
SONOBUOYS
SONOBUOYS—ALL TYPES .............................................................
Program increase ................................................................................
AIRCRAFT SUPPORT EQUIPMENT
MINOTAUR ........................................................................................
WEAPONS RANGE SUPPORT EQUIPMENT ................................
AIRCRAFT SUPPORT EQUIPMENT ...............................................
ADVANCED ARRESTING GEAR (AAG) .........................................
ELECTROMAGNETIC AIRCRAFT LAUNCH SYSTEM (EMALS
METEOROLOGICAL EQUIPMENT .................................................
LEGACY AIRBORNE MCM ..............................................................
LAMPS EQUIPMENT ........................................................................
AVIATION SUPPORT EQUIPMENT ...............................................
UMCS-UNMAN CARRIER AVIATION(UCA)MISSION CNTRL ...
SHIP GUN SYSTEM EQUIPMENT
SHIP GUN SYSTEMS EQUIPMENT ...............................................
SHIP MISSILE SYSTEMS EQUIPMENT
HARPOON SUPPORT EQUIPMENT ...............................................
SHIP MISSILE SUPPORT EQUIPMENT ........................................
SPY–1 Low Noise Amplyfier ..............................................................
TOMAHAWK SUPPORT EQUIPMENT ...........................................
FBM SUPPORT EQUIPMENT
STRATEGIC MISSILE SYSTEMS EQUIP ......................................
ASW SUPPORT EQUIPMENT
SSN COMBAT CONTROL SYSTEMS ..............................................
ASW SUPPORT EQUIPMENT .........................................................
OTHER ORDNANCE SUPPORT EQUIPMENT
EXPLOSIVE ORDNANCE DISPOSAL EQUIP ...............................
ITEMS LESS THAN $5 MILLION ...................................................
OTHER EXPENDABLE ORDNANCE
ANTI-SHIP MISSILE DECOY SYSTEM ..........................................
SUBMARINE TRAINING DEVICE MODS .....................................
SURFACE TRAINING EQUIPMENT ..............................................
CIVIL ENGINEERING SUPPORT EQUIPMENT
PASSENGER CARRYING VEHICLES ............................................
GENERAL PURPOSE TRUCKS .......................................................
CONSTRUCTION & MAINTENANCE EQUIP ...............................
GPS laser leveling system ..................................................................
FIRE FIGHTING EQUIPMENT .......................................................
TACTICAL VEHICLES ......................................................................
POLLUTION CONTROL EQUIPMENT ...........................................
ITEMS LESS THAN $5 MILLION ...................................................
PHYSICAL SECURITY VEHICLES .................................................
SUPPLY SUPPORT EQUIPMENT

073
074
075
076
077
078
079
080
081
082
083

092
094

095
096
097
098
099
100
101
102
103
104
105
106
107
108
109
110
111
112
113
114
115
116
117
118
119
120
121
122
123
124

FY 2023
Request

Conference
Authorized

6,053
4,219
102,846

6,053
4,219
102,846

36,941
101,691
55,290

36,941
101,691
55,290

91,150
74,569

91,150
74,569

39,827
24,586

39,827
24,586

4,699

4,699

156,034
1,055

156,034
1,055

18,832

20,332
[1,500]

68,556

68,556

291,670

303,520
[11,850]

5,247
106,209
275,461
22,717
18,594
15,175
4,689
1,610
86,409
136,647

5,247
106,209
275,461
22,717
18,594
15,175
4,689
1,610
86,409
136,647

5,902

5,902

217
286,788
95,856

217
292,188
[5,400]
95,856

279,430

279,430

128,874
26,920

128,874
26,920

17,048
5,938

17,048
5,938

86,264
80,591
198,695

86,264
80,591
198,695

4,799
2,542
50,619
16,305
28,586
2,840
64,311
1,263

4,799
2,542
55,219
[4,600]
16,305
28,586
2,840
64,311
1,263

H. R. 7776—722
SEC. 4101. PROCUREMENT
(In Thousands of Dollars)
Line

Item

125
126
127

SUPPLY EQUIPMENT ......................................................................
FIRST DESTINATION TRANSPORTATION ..................................
SPECIAL PURPOSE SUPPLY SYSTEMS .......................................
TRAINING DEVICES
TRAINING SUPPORT EQUIPMENT ...............................................
TRAINING AND EDUCATION EQUIPMENT ................................
COMMAND SUPPORT EQUIPMENT
COMMAND SUPPORT EQUIPMENT .............................................
MEDICAL SUPPORT EQUIPMENT ................................................
NAVAL MIP SUPPORT EQUIPMENT ............................................
OPERATING FORCES SUPPORT EQUIPMENT ...........................
C4ISR EQUIPMENT ..........................................................................
ENVIRONMENTAL SUPPORT EQUIPMENT ................................
PHYSICAL SECURITY EQUIPMENT .............................................
Program decrease ...............................................................................
ENTERPRISE INFORMATION TECHNOLOGY ............................
OTHER
NEXT GENERATION ENTERPRISE SERVICE .............................
CYBERSPACE ACTIVITIES .............................................................
CYBER MISSION FORCES ..............................................................
CLASSIFIED PROGRAMS
CLASSIFIED PROGRAMS ................................................................
SPARES AND REPAIR PARTS
SPARES AND REPAIR PARTS ........................................................
Navy UFR—Maritime spares outfitting ...........................................
UNDISTRIBUTED .............................................................................
Inflation effects ...................................................................................
TOTAL OTHER PROCUREMENT, NAVY ..................................

128
129
130
131
133
134
135
136
137
138
142
143
144
099
145
146

001
002
003

004
005
006
007
008
009
010
011
012
013
014
015

016
017
018
019

020
021
022

PROCUREMENT, MARINE CORPS
TRACKED COMBAT VEHICLES
AAV7A1 PIP ........................................................................................
AMPHIBIOUS COMBAT VEHICLE FAMILY OF VEHICLES .....
Excess growth—integrated logistics support ....................................
LAV PIP ..............................................................................................
M&S tactical communication modernization kits previously funded.
ARTILLERY AND OTHER WEAPONS
155MM LIGHTWEIGHT TOWED HOWITZER ...............................
ARTILLERY WEAPONS SYSTEM ...................................................
WEAPONS AND COMBAT VEHICLES UNDER $5 MILLION ....
GUIDED MISSILES
TOMAHAWK ......................................................................................
NAVAL STRIKE MISSILE (NSM) ....................................................
GROUND BASED AIR DEFENSE ...................................................
ANTI-ARMOR MISSILE-JAVELIN ..................................................
Guided missile unit cost growth ........................................................
FAMILY ANTI-ARMOR WEAPON SYSTEMS (FOAAWS) ............
ANTI-ARMOR MISSILE-TOW ..........................................................
GUIDED MLRS ROCKET (GMLRS) ................................................
COMMAND AND CONTROL SYSTEMS
COMMON AVIATION COMMAND AND CONTROL SYSTEM (C
REPAIR AND TEST EQUIPMENT
REPAIR AND TEST EQUIPMENT ..................................................
Unjustified growth—CBM+ test systems .........................................
OTHER SUPPORT (TEL)
MODIFICATION KITS ......................................................................
COMMAND AND CONTROL SYSTEM (NON-TEL)
ITEMS UNDER $5 MILLION (COMM & ELEC) ............................
AIR OPERATIONS C2 SYSTEMS ....................................................
RADAR + EQUIPMENT (NON-TEL)
GROUND/AIR TASK ORIENTED RADAR (G/ATOR) ....................
USMC UFR—AN/TPS–80 G/ATOR radar ........................................
INTELL/COMM EQUIPMENT (NON-TEL)
GCSS-MC ............................................................................................
FIRE SUPPORT SYSTEM .................................................................
INTELLIGENCE SUPPORT EQUIPMENT .....................................

FY 2023
Request

Conference
Authorized

32,338
6,255
613,039

32,338
6,255
613,039

1,285
44,618

1,285
44,618

55,728
5,325
6,077
16,252
6,497
36,592
118,598
29,407

55,728
5,325
6,077
16,252
6,497
36,592
114,598
[–4,000]
29,407

201,314
5,018
17,115

201,314
5,018
17,115

17,295

17,295

532,313

11,746,503

5,653
536,678
57,099

682,313
[150,000]
369,826
[369,826]
12,262,311

5,653
527,079
[–9,599]
55,739
[–1,360]

1,782
143,808
11,118

1,782
143,808
11,118

42,958
174,369
173,801
18,495
21,419
663
7,605

42,958
174,369
173,801
17,205
[–1,290]
21,419
663
7,605

30,292

30,292

58,024

54,684
[–3,340]

293

293

83,345
11,048

83,345
11,048

61,943

411,943
[350,000]

1,663
48,322
182,894

1,663
48,322
167,894

H. R. 7776—723
SEC. 4101. PROCUREMENT
(In Thousands of Dollars)
Line

024
025
026
029
030
031
032
033
034
035
036
099
039

040
041
043
045
046
047
048

049

050
051
052
053
054
055
056

001
002
003

004

005
006
007
008
009

Item
Program decrease ...............................................................................
UNMANNED AIR SYSTEMS (INTEL) ............................................
Short range/ short endurance unit cost growth ...............................
DCGS-MC ............................................................................................
UAS PAYLOADS ................................................................................
OTHER SUPPORT (NON-TEL)
MARINE CORPS ENTERPRISE NETWORK (MCEN) ..................
Excess growth—end user devices ......................................................
COMMON COMPUTER RESOURCES ............................................
COMMAND POST SYSTEMS ...........................................................
RADIO SYSTEMS ..............................................................................
Program decrease ...............................................................................
COMM SWITCHING & CONTROL SYSTEMS ...............................
COMM & ELEC INFRASTRUCTURE SUPPORT ..........................
CYBERSPACE ACTIVITIES .............................................................
CYBER MISSION FORCES ..............................................................
CLASSIFIED PROGRAMS
CLASSIFIED PROGRAMS ................................................................
ADMINISTRATIVE VEHICLES
COMMERCIAL CARGO VEHICLES ................................................
Unjustified request—garrison transportation and management ....
TACTICAL VEHICLES
MOTOR TRANSPORT MODIFICATIONS .......................................
JOINT LIGHT TACTICAL VEHICLE ..............................................
TRAILERS ...........................................................................................
ENGINEER AND OTHER EQUIPMENT
TACTICAL FUEL SYSTEMS ............................................................
POWER EQUIPMENT ASSORTED .................................................
AMPHIBIOUS SUPPORT EQUIPMENT .........................................
EOD SYSTEMS ..................................................................................
Unjustified growth—MEGFoS ...........................................................
MATERIALS HANDLING EQUIPMENT
PHYSICAL SECURITY EQUIPMENT .............................................
Prior year under execution ................................................................
GENERAL PROPERTY
FIELD MEDICAL EQUIPMENT ......................................................
TRAINING DEVICES ........................................................................
Unjustified growth ..............................................................................
FAMILY OF CONSTRUCTION EQUIPMENT ................................
ULTRA-LIGHT TACTICAL VEHICLE (ULTV) ...............................
OTHER SUPPORT
ITEMS LESS THAN $5 MILLION ...................................................
SPARES AND REPAIR PARTS
SPARES AND REPAIR PARTS ........................................................
UNDISTRIBUTED .............................................................................
Inflation effects ...................................................................................
TOTAL PROCUREMENT, MARINE CORPS .............................
AIRCRAFT PROCUREMENT, AIR FORCE
STRATEGIC OFFENSIVE
B–21 RAIDER .....................................................................................
B–21 RAIDER .....................................................................................
TACTICAL FORCES
F–35 .....................................................................................................
Air Force UFR—additional F–35A aircraft ......................................
Technical realignment ........................................................................
F–35 .....................................................................................................
EOQ unjustified request ....................................................................
Long-lead excess to need due to decreased out-year quantities .....
Realignment of funds to line 3 ..........................................................
F–15EX ................................................................................................
F–15EX ................................................................................................
TACTICAL AIRLIFT
KC–46A MDAP ...................................................................................
OTHER AIRLIFT
C–130J .................................................................................................
MC–130J .............................................................................................

FY 2023
Request

47,595
47,998
8,619
276,763
40,096
58,314
612,450
51,976
26,029
17,759
4,036

Conference
Authorized
[–15,000]
43,358
[–4,237]
47,998
8,619
258,020
[–18,743]
40,096
58,314
599,593
[–12,857]
51,976
26,029
17,759
4,036

3,884

3,884

35,179

33,161
[–2,018]

17,807
222,257
2,721

17,807
222,257
2,721

7,854
5,841
38,120
201,047

7,854
5,841
38,120
191,047
[–10,000]

69,967

65,967
[–4,000]

21,780
86,272
27,605
15,033

21,780
74,774
[–11,498]
27,605
15,033

26,433

26,433

34,799

3,681,506

34,799
123,755
[123,755]
4,061,319

1,498,431
288,165

1,498,431
288,165

3,320,757

2,422,348
264,000

4,093,757
[658,000]
[115,000]
180,658
[–243,184]
[–56,044]
[–115,000]
2,422,348
264,000

2,684,503

2,684,503

75,293
40,351

75,293
40,351

594,886

H. R. 7776—724
SEC. 4101. PROCUREMENT
(In Thousands of Dollars)
Line

011
012
013

015

016
017
018
019
021
022
023
024

025
026
027
028
029
030
031
032
034
035

036
037
038
039
040
041
042

044
045
046
047
048
049

050
051

Item
UPT TRAINERS
ADVANCED TRAINER REPLACEMENT T-X ................................
HELICOPTERS
MH–139A .............................................................................................
COMBAT RESCUE HELICOPTER ..................................................
Additional aircraft ..............................................................................
Unit cost excess to need .....................................................................
MISSION SUPPORT AIRCRAFT
CIVIL AIR PATROL A/C ...................................................................
Program increase ................................................................................
OTHER AIRCRAFT
TARGET DRONES .............................................................................
COMPASS CALL ................................................................................
Air Force UFR—EC–37B aircraft ......................................................
E–11 BACN/HAG ................................................................................
Realignment of funds .........................................................................
MQ–9 ...................................................................................................
Early to need—production shutdown ................................................
AGILITY PRIME PROCUREMENT .................................................
STRATEGIC AIRCRAFT
B–2A ....................................................................................................
ACS kits ahead of need ......................................................................
B–1B ....................................................................................................
Program decrease ...............................................................................
B–52 .....................................................................................................
Realignment of funds for B–52 Crypto Mod upgrade spares ..........
Realignment of funds for B–52 VLF/LF spares ...............................
LARGE AIRCRAFT INFRARED COUNTERMEASURES ..............
TACTICAL AIRCRAFT
A–10 .....................................................................................................
E–11 BACN/HAG ................................................................................
F–15 .....................................................................................................
F–16 .....................................................................................................
Overestimation of SLEP induction rate ............................................
F–22A ..................................................................................................
F–35 MODIFICATIONS .....................................................................
F–15 EPAW .........................................................................................
KC–46A MDAP ...................................................................................
AIRLIFT AIRCRAFT
C–5 .......................................................................................................
Realignment of funds .........................................................................
Realignment of funds to line 64 ........................................................
C–17A ..................................................................................................
Air Force realignment of funds .........................................................
C–32A ..................................................................................................
C–37A ..................................................................................................
TRAINER AIRCRAFT
GLIDER MODS ..................................................................................
T–6 .......................................................................................................
T–1 .......................................................................................................
T–38 .....................................................................................................
Ejection Seat Upgrade ........................................................................
OTHER AIRCRAFT
U–2 MODS ..........................................................................................
KC–10A (ATCA) ..................................................................................
Unjustified growth ..............................................................................
C–21 .....................................................................................................
VC–25A MOD ......................................................................................
C–40 .....................................................................................................
C–130 ...................................................................................................
Air Force realignment of funds .........................................................
Modular airborne firefighting system ...............................................
Overestimation of AMP inc 2 install cost .........................................
C–130J MODS ....................................................................................
C–135 ...................................................................................................
Air Force realignment of funds .........................................................
Program decrease ...............................................................................

FY 2023
Request

10,507

Conference
Authorized

10,507

156,192
707,018

156,192
1,048,118
[350,000]
[–8,900]

2,952

11,600
[8,648]

128,906

128,906
553,700
[553,700]
66,847
[–413]
16,039
[–1,000]
3,612

67,260
17,039
3,612
106,752
36,313
127,854

25,286
83,972
10,309
194,379
700,455
764,222
414,382
259,837
467
46,027

152,009
4,068
6,062

91,771
[–14,981]
33,813
[–2,500]
120,909
[–4,293]
[–2,652]
25,286
83,972
10,309
194,379
685,955
[–14,500]
764,222
414,382
259,837
467
15,673
[–18,000]
[–12,354]
157,509
[5,500]
4,068
6,062

149
6,215
6,262
111,668

149
6,215
6,262
161,168
[49,500]

81,650
3,443

81,650
2,043
[–1,400]
2,024
2,146
2,197
148,748
[17,500]
[20,000]
[–3,020]
112,299
163,523
[19,500]
[–5,000]

2,024
2,146
2,197
114,268

112,299
149,023

H. R. 7776—725
SEC. 4101. PROCUREMENT
(In Thousands of Dollars)
Line

Item

052

COMPASS CALL ................................................................................
Air Force UFR—EC–37B group A & B kits and spare components
RC–135 ................................................................................................
INDOPACOM UFR—SIGINT upgrades ...........................................
RC–135 navigation upgrades .............................................................
E–3 .......................................................................................................
E–4 .......................................................................................................
E–8 .......................................................................................................
Program decrease ...............................................................................
H–1 .......................................................................................................
H–60 .....................................................................................................
COMBAT RESCUE HELICOPTER MODIFICATION ....................
RQ–4 MODS ........................................................................................
HC/MC–130 MODIFICATIONS ........................................................
MC/AC MUOS installations ahead of need ......................................
Realignment of funds .........................................................................
OTHER AIRCRAFT ............................................................................
Realignment of funds .........................................................................
MQ–9 MODS .......................................................................................
Multi-Domain Operations modernization .........................................
Unjustified cost—MQ–9 Upgrade ......................................................
SENIOR LEADER C3, SYSTEM—AIRCRAFT ................................
CV–22 MODS ......................................................................................
AIRCRAFT SPARES AND REPAIR PARTS
INITIAL SPARES/REPAIR PARTS ..................................................
Air Force UFR—EC–37B spare components ....................................
Air Force UFR—EC–37B spare engines ...........................................
Realignment of funds for B–52 Crypto Mod upgrade spares ..........
Realignment of funds for B–52 VLF/LF spares ...............................
COMMON SUPPORT EQUIPMENT
AIRCRAFT REPLACEMENT SUPPORT EQUIP ............................
POST PRODUCTION SUPPORT
B–2A ....................................................................................................
B–2B ....................................................................................................
B–52 .....................................................................................................
F–15 .....................................................................................................
F–16 .....................................................................................................
MQ9 POST PROD ..............................................................................
RQ–4 POST PRODUCTION CHARGES ..........................................
C–5 POST PRODUCTION SUPPORT ..............................................
Realignment of funds .........................................................................
HC/MC–130J POST PRODUCTION SUPPORT ..............................
Realignment of funds .........................................................................
INDUSTRIAL PREPAREDNESS
INDUSTRIAL RESPONSIVENESS ..................................................
WAR CONSUMABLES
WAR CONSUMABLES ......................................................................
OTHER PRODUCTION CHARGES
OTHER PRODUCTION CHARGES ..................................................
CLASSIFIED PROGRAMS
CLASSIFIED PROGRAMS ................................................................
Air Force UFR—F–35A classified item .............................................
UNDISTRIBUTED .............................................................................
Inflation effects ...................................................................................
TOTAL AIRCRAFT PROCUREMENT, AIR FORCE ................

053

054
055
056
059
060
061
062
063

064
065

067
068
069

070
071
072
073
074
075
077
078
082
083

079
080
081
099
999

001
004
005
006
007

MISSILE PROCUREMENT, AIR FORCE
MISSILE REPLACEMENT EQUIPMENT—BALLISTIC
MISSILE REPLACEMENT EQ-BALLISTIC ...................................
STRATEGIC
LONG RANGE STAND-OFF WEAPON ...........................................
TACTICAL
REPLAC EQUIP & WAR CONSUMABLES ....................................
AGM–183A AIR-LAUNCHED RAPID RESPONSE WEAPON ......
Realignment of funds .........................................................................
JOINT AIR-SURFACE STANDOFF MISSILE ................................
Defense Industrial Base (DIB) Expansion for JASSM ....................

FY 2023
Request
16,630
212,828

54,247
5,973
16,610
1,757
10,820
3,083
1,286
138,956

29,029
64,370

24,784
153,026

Conference
Authorized
337,230
[320,600]
252,828
[600]
[39,400]
54,247
5,973
0
[–16,610]
1,757
10,820
3,083
1,286
109,785
[–9,171]
[–20,000]
41,796
[12,767]
211,507
[150,700]
[–3,563]
24,784
153,026

623,661

734,767
[9,361]
[94,800]
[4,293]
[2,652]

138,935

138,935

1,802
36,325
5,883
2,764
5,102
7,069
40,845

1,802
36,325
5,883
2,764
5,102
7,069
40,845
18,000
[18,000]
20,000
[20,000]

19,128

19,128

31,165

31,165

1,047,300

1,047,300

18,092

18,517,428

63,092
[45,000]
633,490
[633,490]
21,113,854

57,476

57,476

31,454

31,454

30,510
46,566

30,510
0
[–46,566]
861,971
[77,000]

784,971

H. R. 7776—726
SEC. 4101. PROCUREMENT
(In Thousands of Dollars)
Line

Item

008
009
010

LRASM0 ..............................................................................................
SIDEWINDER (AIM–9X) ...................................................................
AMRAAM ............................................................................................
AIM–120
Advanced
Medium-Range
Air-to-Air
Missile
(AMRAAM)—Advanced Procurement.
PREDATOR HELLFIRE MISSILE ...................................................
SMALL DIAMETER BOMB ..............................................................
SMALL DIAMETER BOMB II ..........................................................
Air Force UFR—additional small diameter bomb II .......................
STAND-IN ATTACK WEAPON (SIAW) ...........................................
INDUSTRIAL FACILITIES
INDUSTR’L PREPAREDNS/POL PREVENTION ...........................
Defense Industrial Base (DIB) Expansion for Industrial Preparedness.
CLASS IV
ICBM FUZE MOD ..............................................................................
ICBM FUZE MOD ..............................................................................
MM III MODIFICATIONS .................................................................
AIR LAUNCH CRUISE MISSILE (ALCM) ......................................
Defense Industrial Base (DIB) Expansion for Gas Turbine Engines, Control Actuation Systems, and Antennas.
MISSILE SPARES AND REPAIR PARTS
MSL SPRS/REPAIR PARTS (INITIAL) ............................................
MSL SPRS/REPAIR PARTS (REPLEN) ...........................................
SPECIAL PROGRAMS
SPECIAL UPDATE PROGRAMS ......................................................
CLASSIFIED PROGRAMS
CLASSIFIED PROGRAMS ................................................................
UNDISTRIBUTED .............................................................................
Inflation effects ...................................................................................
TOTAL MISSILE PROCUREMENT, AIR FORCE ....................

011
012
013
014
015

018
019
020
022

023
024
028
099
999

001
002
004
005
006
008
009
010
012
013
014
015
016
017

002
003
004
005
006
007
008

PROCUREMENT OF AMMUNITION, AIR FORCE
ROCKETS
ROCKETS ...........................................................................................
CARTRIDGES
CARTRIDGES .....................................................................................
BOMBS
GENERAL PURPOSE BOMBS .........................................................
MASSIVE ORDNANCE PENETRATOR (MOP) ..............................
JOINT DIRECT ATTACK MUNITION ............................................
OTHER ITEMS
CAD/PAD .............................................................................................
EXPLOSIVE ORDNANCE DISPOSAL (EOD) .................................
SPARES AND REPAIR PARTS ........................................................
FIRST DESTINATION TRANSPORTATION ..................................
ITEMS LESS THAN $5,000,000 .......................................................
FLARES
EXPENDABLE COUNTERMEASURES ..........................................
FUZES
FUZES .................................................................................................
SMALL ARMS
SMALL ARMS ....................................................................................
UNDISTRIBUTED .............................................................................
Inflation effects ...................................................................................
TOTAL PROCUREMENT OF AMMUNITION, AIR FORCE ...
PROCUREMENT, SPACE FORCE
SPACE PROCUREMENT, SF
AF SATELLITE COMM SYSTEM ....................................................
COUNTERSPACE SYSTEMS ...........................................................
FAMILY OF BEYOND LINE-OF-SIGHT TERMINALS .................
WIDEBAND GAPFILLER SATELLITES (SPACE) .........................
GENERAL INFORMATION TECH—SPACE ..................................
GPSIII FOLLOW ON .........................................................................
Excess to need .....................................................................................
GPS III SPACE SEGMENT ...............................................................

FY 2023
Request

Conference
Authorized

114,025
111,855
320,056

114,025
111,855
340,056
[20,000]

1,040
46,475
279,006

1,040
46,475
429,006
[150,000]
77,975

77,975
868

150,868
[150,000]

99,691
37,673
68,193
33,778

99,691
37,673
68,193
108,778
[75,000]

15,354
62,978

15,354
62,978

36,933

36,933

705,540

2,962,417

705,540
61,064
[61,064]
3,448,915

22,190

22,190

124,164

124,164

162,800
19,743
251,956

162,800
19,743
251,956

50,473
6,343
573
1,903
5,014

50,473
6,343
573
1,903
5,014

120,548

120,548

121,528

121,528

16,395

16,395
23,395
[23,395]
927,025

903,630

51,414
62,691
26,394
21,982
5,424
657,562
103,340

51,414
62,691
26,394
21,982
5,424
646,962
[–10,600]
103,340

H. R. 7776—727
SEC. 4101. PROCUREMENT
(In Thousands of Dollars)
Line

Item

009
010
011

GLOBAL POSTIONING (SPACE) ....................................................
HERITAGE TRANSITION ................................................................
SPACEBORNE EQUIP (COMSEC) ..................................................
Cost growth .........................................................................................
MILSATCOM ......................................................................................
SBIR HIGH (SPACE) .........................................................................
SPECIAL SPACE ACTIVITIES ........................................................
Underexecution ...................................................................................
MOBILE USER OBJECTIVE SYSTEM ...........................................
NATIONAL SECURITY SPACE LAUNCH .....................................
Excess to need .....................................................................................
NUDET DETECTION SYSTEM .......................................................
PTES HUB ..........................................................................................
ROCKET SYSTEMS LAUNCH PROGRAM .....................................
SPACE DEVELOPMENT AGENCY LAUNCH ...............................
Realignment of funds .........................................................................
Space Force UFR—accelerate resilient missile warning/missile
tracking.
SPACE MODS .....................................................................................
SPACELIFT RANGE SYSTEM SPACE ...........................................
SPARES
SPARES AND REPAIR PARTS ........................................................
UNDISTRIBUTED .............................................................................
Inflation effects ...................................................................................
TOTAL PROCUREMENT, SPACE FORCE ................................

012
013
014
015
016
017
018
019
020

022
023
024
025

001
002
003
004
005
006
007
008
009
010
011
013
014
015
016
017
018
019
020
021
022
023
024
025
028
029
030

OTHER PROCUREMENT, AIR FORCE
PASSENGER CARRYING VEHICLES
PASSENGER CARRYING VEHICLES ............................................
CARGO AND UTILITY VEHICLES
MEDIUM TACTICAL VEHICLE ......................................................
CAP VEHICLES .................................................................................
Program increase ................................................................................
CARGO AND UTILITY VEHICLES .................................................
SPECIAL PURPOSE VEHICLES
JOINT LIGHT TACTICAL VEHICLE ..............................................
SECURITY AND TACTICAL VEHICLES ........................................
SPECIAL PURPOSE VEHICLES .....................................................
FIRE FIGHTING EQUIPMENT
FIRE FIGHTING/CRASH RESCUE VEHICLES ............................
MATERIALS HANDLING EQUIPMENT
MATERIALS HANDLING VEHICLES ............................................
BASE MAINTENANCE SUPPORT
RUNWAY SNOW REMOV AND CLEANING EQU ........................
BASE MAINTENANCE SUPPORT VEHICLES .............................
COMM SECURITY EQUIPMENT(COMSEC)
COMSEC EQUIPMENT .....................................................................
STRATEGIC MICROELECTRONIC SUPPLY SYSTEM ................
INTELLIGENCE PROGRAMS
INTERNATIONAL INTEL TECH & ARCHITECTURES ...............
INTELLIGENCE TRAINING EQUIPMENT ...................................
INTELLIGENCE COMM EQUIPMENT ..........................................
ELECTRONICS PROGRAMS
AIR TRAFFIC CONTROL & LANDING SYS ..................................
BATTLE CONTROL SYSTEM—FIXED ...........................................
THEATER AIR CONTROL SYS IMPROVEMEN ...........................
3D EXPEDITIONARY LONG-RANGE RADAR ...............................
Program decrease ...............................................................................
WEATHER OBSERVATION FORECAST ........................................
STRATEGIC COMMAND AND CONTROL .....................................
Worldwide Joint Strategic Communications realignment of funds
CHEYENNE MOUNTAIN COMPLEX .............................................
MISSION PLANNING SYSTEMS ....................................................
SPCL COMM-ELECTRONICS PROJECTS
GENERAL INFORMATION TECHNOLOGY ..................................
AF GLOBAL COMMAND & CONTROL SYS ..................................
BATTLEFIELD AIRBORNE CONTROL NODE (BACN) ...............

FY 2023
Request
950
21,896
29,587
29,333
148,666
817,484
46,833
1,056,133
7,062
42,464
39,145
314,288

73,957
71,712
1,352

3,629,669

Conference
Authorized
950
21,896
24,083
[–5,504]
29,333
148,666
805,484
[–12,000]
46,833
1,025,533
[–30,600]
7,062
42,464
39,145
714,288
[200,000]
[200,000]
73,957
71,712
1,352
106,161
[106,161]
4,077,126

2,446

2,446

1,125
999
35,220

1,125
1,900
[901]
35,220

60,461
382
49,623

60,461
382
49,623

11,231

11,231

12,559

12,559

6,409
72,012

6,409
72,012

96,851
467,901

96,851
467,901

7,043
2,424
25,308

7,043
2,424
25,308

65,531
1,597
9,611
174,640

6,118
13,947

65,531
1,597
9,611
167,140
[–7,500]
20,658
86,220
[–7,131]
6,118
13,947

101,517
2,487
32,807

101,517
2,487
32,807

20,658
93,351

H. R. 7776—728
SEC. 4101. PROCUREMENT
(In Thousands of Dollars)
Line

Item

031
035
036
037
038
040
042
043
044

MOBILITY COMMAND AND CONTROL .......................................
COMBAT TRAINING RANGES ........................................................
MINIMUM ESSENTIAL EMERGENCY COMM N ........................
WIDE AREA SURVEILLANCE (WAS) ............................................
C3 COUNTERMEASURES ................................................................
GCSS-AF FOS .....................................................................................
MAINTENANCE REPAIR & OVERHAUL INITIATIVE ................
THEATER BATTLE MGT C2 SYSTEM ...........................................
AIR & SPACE OPERATIONS CENTER (AOC) ..............................
AIR FORCE COMMUNICATIONS
BASE INFORMATION TRANSPT INFRAST (BITI) WIRED ........
AFNET .................................................................................................
JOINT COMMUNICATIONS SUPPORT ELEMENT (JCSE) ........
USCENTCOM .....................................................................................
USSTRATCOM ...................................................................................
ORGANIZATION AND BASE
TACTICAL C-E EQUIPMENT ..........................................................
RADIO EQUIPMENT .........................................................................
BASE COMM INFRASTRUCTURE ..................................................
NORTHCOM UFR—Long range radar sites digitilization upgrades.
MODIFICATIONS
COMM ELECT MODS .......................................................................
CLASSIFIED PROGRAMS
CLASSIFIED PROGRAMS ................................................................
PERSONAL SAFETY & RESCUE EQUIP
PERSONAL SAFETY AND RESCUE EQUIPMENT ......................
DEPOT PLANT+MTRLS HANDLING EQ
POWER CONDITIONING EQUIPMENT ........................................
MECHANIZED MATERIAL HANDLING EQUIP ...........................
BASE SUPPORT EQUIPMENT
BASE PROCURED EQUIPMENT ....................................................
ENGINEERING AND EOD EQUIPMENT ......................................
MOBILITY EQUIPMENT ..................................................................
FUELS SUPPORT EQUIPMENT (FSE) ..........................................
SPECIAL SUPPORT PROJECTS
DARP RC135 .......................................................................................
DCGS-AF .............................................................................................
SPECIAL UPDATE PROGRAM ........................................................
CLASSIFIED PROGRAMS
CLASSIFIED PROGRAMS ................................................................
SPARES AND REPAIR PARTS
SPARES AND REPAIR PARTS (CYBER) ........................................
SPARES AND REPAIR PARTS ........................................................
UNDISTRIBUTED .............................................................................
Inflation effects ...................................................................................
TOTAL OTHER PROCUREMENT, AIR FORCE .......................

046
047
048
049
050
051
052
054

055
099
056
057
058
059
060
061
062
065
066
070
099
071
072
073

025
050

047
054
011
012
013
014
015
016
017
018

PROCUREMENT, DEFENSE-WIDE
MAJOR EQUIPMENT, OSD
MAJOR EQUIPMENT, DPAA ...........................................................
MAJOR EQUIPMENT, OSD .............................................................
Project Spectrum .................................................................................
MAJOR EQUIPMENT, NSA
INFORMATION SYSTEMS SECURITY PROGRAM (ISSP) ..........
MAJOR EQUIPMENT, WHS
MAJOR EQUIPMENT, WHS ............................................................
MAJOR EQUIPMENT, DISA
INFORMATION SYSTEMS SECURITY ..........................................
TELEPORT PROGRAM .....................................................................
JOINT FORCES HEADQUARTERS—DODIN ................................
ITEMS LESS THAN $5 MILLION ...................................................
DEFENSE INFORMATION SYSTEM NETWORK .........................
WHITE HOUSE COMMUNICATION AGENCY .............................
SENIOR LEADERSHIP ENTERPRISE ...........................................
JOINT REGIONAL SECURITY STACKS (JRSS) ...........................
Program decrease ...............................................................................

FY 2023
Request

Conference
Authorized

10,210
134,213
66,294
29,518
55,324
786
248
275
2,611

10,210
134,213
66,294
29,518
55,324
786
248
275
2,611

29,791
83,320
5,199
11,896
4,619

29,791
83,320
5,199
11,896
4,619

120,050
14,053
91,313

120,050
14,053
96,363
[5,050]

167,419

167,419

89,484

89,484

92,995

92,995

12,199
9,326

12,199
9,326

52,890
231,552
28,758
21,740

52,890
231,552
28,758
21,740

28,153
217,713
978,499

28,153
217,713
978,499

21,702,225

21,702,225

1,007
23,175

25,691,113

1,007
23,175
189,283
[189,283]
25,871,716

513
64,291

513
67,291
[3,000]

6,738

6,738

310

310

24,044
50,475
674
46,614
87,345
130,145
47,864
17,135

24,044
50,475
674
46,614
87,345
130,145
47,864
10,135
[–7,000]

H. R. 7776—729
SEC. 4101. PROCUREMENT
(In Thousands of Dollars)
Line

Item

019
020

JOINT SERVICE PROVIDER ...........................................................
FOURTH ESTATE NETWORK OPTIMIZATION (4ENO) .............
MAJOR EQUIPMENT, DLA
MAJOR EQUIPMENT .......................................................................
MAJOR EQUIPMENT, DCSA
MAJOR EQUIPMENT .......................................................................
MAJOR EQUIPMENT, TJS
MAJOR EQUIPMENT, TJS ...............................................................
MAJOR EQUIPMENT, MISSILE DEFENSE AGENCY
THAAD ................................................................................................
15 additional THAAD interceptors ....................................................
GROUND BASED MIDCOURSE ......................................................
AEGIS BMD ........................................................................................
BMDS AN/TPY–2 RADARS ...............................................................
SM–3 IIAS ...........................................................................................
Production increase ............................................................................
ARROW 3 UPPER TIER SYSTEMS .................................................
SHORT RANGE BALLISTIC MISSILE DEFENSE (SRBMD) .......
DEFENSE OF GUAM PROCUREMENT .........................................
AEGIS ASHORE PHASE III .............................................................
IRON DOME .......................................................................................
AEGIS BMD HARDWARE AND SOFTWARE ................................
MAJOR EQUIPMENT, DHRA
PERSONNEL ADMINISTRATION ...................................................
MAJOR EQUIPMENT, DEFENSE THREAT REDUCTION
AGENCY
VEHICLES ..........................................................................................
OTHER MAJOR EQUIPMENT .........................................................
MAJOR EQUIPMENT, DODEA
AUTOMATION/EDUCATIONAL SUPPORT & LOGISTICS .........
MAJOR EQUIPMENT, DMACT
MAJOR EQUIPMENT .......................................................................
CLASSIFIED PROGRAMS
CLASSIFIED PROGRAMS ................................................................
AVIATION PROGRAMS
ARMED OVERWATCH/TARGETING ..............................................
MANNED ISR .....................................................................................
MC–12 ..................................................................................................
ROTARY WING UPGRADES AND SUSTAINMENT .....................
Excess to need .....................................................................................
UNMANNED ISR ...............................................................................
NON-STANDARD AVIATION ...........................................................
U–28 .....................................................................................................
MH–47 CHINOOK ..............................................................................
CV–22 MODIFICATION ....................................................................
CV–22 & MC–130J Link–16 TacNet tactical receiver .....................
MQ–9 UNMANNED AERIAL VEHICLE .........................................
PRECISION STRIKE PACKAGE .....................................................
AC/MC–130J .......................................................................................
Excess to need .....................................................................................
C–130 MODIFICATIONS ..................................................................
CV–22 & MC–130J Link–16 TacNet tactical receiver .....................
SHIPBUILDING
UNDERWATER SYSTEMS ...............................................................
AMMUNITION PROGRAMS
ORDNANCE ITEMS <$5M ................................................................
Maritime Scalable Effects (MSE) Electronic Warfare System Acceleration.
OTHER PROCUREMENT PROGRAMS
INTELLIGENCE SYSTEMS .............................................................
SOCOM Enclosed Spaces Reconnaissance Collection Suite
(ESRCS).
Stalker VXE Block 30 Vertical Takeoff & Landing (VTOL) Acceleration.
DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS ........
OTHER ITEMS <$5M ........................................................................
Excess to need .....................................................................................

022
001
052
030
031
032
034
035
036
037
038
039
040
041
003

027
028
024
023
099
055
056
057
059
060
061
062
063
064
065
066
067
068

069
070

071

072
073

FY 2023
Request

Conference
Authorized

86,183
42,756

86,183
42,756

24,501

24,501

2,346

2,346

3,900

3,900

74,994
11,300
402,235
4,606
337,975
80,000
40,000
26,514
30,056
80,000
78,181

239,994
[165,000]
11,300
402,235
4,606
589,975
[252,000]
80,000
40,000
26,514
30,056
80,000
78,181

4,522

4,522

139
14,296

139
14,296

2,048

2,048

11,117

11,117

681,894

681,894

246,000
5,000
3,344
214,575

246,000
5,000
3,344
210,283
[–4,292]
41,749
7,156
4,589
133,144
83,215
[7,586]
9,000
57,450
222,869
[–2,700]
16,893
[4,948]

41,749
7,156
4,589
133,144
75,629
9,000
57,450
225,569
11,945

45,631

45,631

151,233

154,938
[3,705]

175,616

219,094
[15,000]
[28,478]

2,214
98,096

2,214
96,134
[–1,962]

H. R. 7776—730
SEC. 4101. PROCUREMENT
(In Thousands of Dollars)
FY 2023
Request

Line

Item

074
075

COMBATANT CRAFT SYSTEMS ....................................................
SPECIAL PROGRAMS .......................................................................
Medium Fixed Wing Recapitalization ...............................................
TACTICAL VEHICLES ......................................................................
PB-NSCV .............................................................................................
WARRIOR SYSTEMS <$5M ..............................................................
AFSOC Force Generation (AFSOFORGEN) Tactical Communications (TACCOM).
Counter Unmanned Systems (CUxS) Procurement Acceleration ...
Excess to need .....................................................................................
COMBAT MISSION REQUIREMENTS ...........................................
OPERATIONAL ENHANCEMENTS INTELLIGENCE .................
OPERATIONAL ENHANCEMENTS ................................................
Intelligence, Surveillance, and Reconnaissance (ISR) Transceivers
Acceleration.
CBDP
CHEMICAL BIOLOGICAL SITUATIONAL AWARENESS ...........
Unjustified growth ..............................................................................
CB PROTECTION & HAZARD MITIGATION ................................
UNDISTRIBUTED .............................................................................
Inflation effects ...................................................................................
TOTAL PROCUREMENT, DEFENSE-WIDE .............................

076
077

078
080
081

082
083
084

001

Conference
Authorized

85,566
20,042

85,566
249,042
[229,000]
59,605
[8,000]
352,992
[18,730]

51,605
306,846

[33,553]
[–6,137]
4,991
18,723
358,227
[10,754]

4,991
18,723
347,473

199,439

192,747
[–6,692]
187,164
149,308
[149,308]
6,145,779

187,164

5,245,500

NATIONAL GUARD AND RESERVE EQUIPMENT
UNDISTRIBUTED
UNDISTRIBUTED .............................................................................
Program increase ................................................................................
TOTAL NATIONAL GUARD AND RESERVE EQUIPMENT
TOTAL PROCUREMENT ...............................................................

50,000
[50,000]
50,000
144,219,205

163,148,867

TITLE
XLII—RESEARCH,
DEVELOPMENT, TEST, AND EVALUATION
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION.
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
(In Thousands of Dollars)
Line

Program
Element

001

0601102A

002

0601103A

003

0601104A

004
005

006

0601121A
0601601A

0602002A

Item
RESEARCH, DEVELOPMENT, TEST & EVAL,
ARMY
BASIC RESEARCH
DEFENSE RESEARCH SCIENCES ...........................
Basic research increase ................................................
Counter-UAS technologies ............................................
Data exchange system for a secure digital engineering environment.
UNIVERSITY RESEARCH INITIATIVES .................
Defense University Research Instrumentation Program.
UNIVERSITY AND INDUSTRY RESEARCH CENTERS.
Automotive Research Center ........................................
Biotechnology .................................................................
CYBER COLLABORATIVE RESEARCH ALLIANCE
ARTIFICIAL INTELLIGENCE AND MACHINE
LEARNING BASIC RESEARCH.
SUBTOTAL BASIC RESEARCH .............................
APPLIED RESEARCH
ARMY AGILE INNOVATION AND DEVELOPMENT-APPLIED RESEARCH.

FY 2023
Request

Conference
Authorized

279,328

345,194
[55,866]
[5,000]
[5,000]

70,775

90,775
[20,000]

100,909

109,909

5,355
10,456

[5,000]
[4,000]
5,355
10,456

466,823

561,689

9,534

9,534

H. R. 7776—731
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
(In Thousands of Dollars)
Line

Program
Element

008

0602134A

009

0602141A

010
011

0602142A
0602143A

012

0602144A

013

0602145A

014

0602146A

015

0602147A

016

0602148A

017

0602150A

018

0602180A

019

0602181A

020
021
022
023
024

0602182A
0602183A
0602184A
0602213A
0602386A

025

0602785A

026

0602787A

027

0603002A

Item
COUNTER IMPROVISED-THREAT ADVANCED
STUDIES.
LETHALITY TECHNOLOGY ......................................
Collaborative networked armament lethality and fire
control.
Turret gunner survivability and simulation ...............
ARMY APPLIED RESEARCH .....................................
SOLDIER LETHALITY TECHNOLOGY ....................
Advanced textiles and shelters ....................................
Footwear research .........................................................
Future Force Requirements Experimentation program.
Pathfinder ......................................................................
Program increase—digital night vision technology ....
GROUND TECHNOLOGY ...........................................
Cold and complex environments sensing research .....
Earthen structures soil enhancement .........................
High performance polymer composites and coatings
High temperature polymeric materials .......................
Polar proving ground and training program ..............
Unmanned mobility ......................................................
NEXT GENERATION COMBAT VEHICLE TECHNOLOGY.
Structural thermoplastics .............................................
NETWORK C3I TECHNOLOGY .................................
AI for position, navigation, and timing .......................
Alternative position, navigation, and timing ..............
Portable Doppler radar .................................................
Secure anti-tamper .......................................................
LONG RANGE PRECISION FIRES TECHNOLOGY
Carbon-carbon high-temperature composites .............
Low cost missile technology development ...................
Precision long range integrated strike missile ...........
Program increase—aluminum lithium alloy solid
rocket advancement.
FUTURE VERTICLE LIFT TECHNOLOGY ..............
High density eVTOL power source ..............................
AIR AND MISSILE DEFENSE TECHNOLOGY .......
CEMA missile defender ................................................
Counter-UAS Center of Excellence ..............................
High energy laser engagement technologies ...............
ARTIFICIAL INTELLIGENCE AND MACHINE
LEARNING TECHNOLOGIES.
ALL DOMAIN CONVERGENCE APPLIED RESEARCH.
C3I APPLIED RESEARCH ..........................................
AIR PLATFORM APPLIED RESEARCH ...................
SOLDIER APPLIED RESEARCH ...............................
C3I APPLIED CYBER ..................................................
BIOTECHNOLOGY FOR MATERIALS—APPLIED
RESEARCH.
Tri-Service Biotechnology for a Resilient Supply
Chain / Biotechnology for Materials.
MANPOWER/PERSONNEL/TRAINING
TECHNOLOGY.
MEDICAL TECHNOLOGY ..........................................
SUBTOTAL APPLIED RESEARCH .......................
ADVANCED TECHNOLOGY DEVELOPMENT
MEDICAL ADVANCED TECHNOLOGY ...................
CPF—U.S. Army Battlefield Exercise and Combat
Related Traumatic Brain and Spinal Injury Research.
Hearing protection for communications ......................
Research effects of head-supported mass on cervical
spine health.

FY 2023
Request
6,192
87,717

27,833
103,839

52,848

174,090

64,115

43,029

69,348

Conference
Authorized
6,192
117,717
[25,000]
[5,000]
27,833
138,539
[6,000]
[4,000]
[5,000]
[10,000]
[9,700]
88,848
[9,000]
[2,000]
[10,000]
[5,000]
[5,000]
[5,000]
180,090
[6,000]
107,615
[6,000]
[15,000]
[7,500]
[15,000]
79,779
[5,000]
[10,000]
[6,750]
[15,000]

16,454

76,848
[7,500]
59,016
[12,000]
[5,000]
[15,000]
16,454

27,399

27,399

27,892
41,588
15,716
13,605
21,919

27,892
41,588
15,716
13,605
96,919

27,016

[75,000]
19,649

19,649

33,976
883,759

33,976
1,185,209

5,207

16,907
[1,700]

[5,000]
[5,000]

H. R. 7776—732
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
(In Thousands of Dollars)
Line

Program
Element

028

0603007A

029

0603025A

030

0603040A

031

0603041A

032
033
034

0603042A
0603043A
0603044A

036
037

0603116A
0603117A

038

0603118A

039

0603119A

040
041

0603134A
0603386A

042
043

0603457A
0603461A

044

0603462A

045

0603463A

046

0603464A

047

0603465A

048

0603466A

Item
MANPOWER, PERSONNEL AND TRAINING ADVANCED TECHNOLOGY.
ARMY AGILE INNOVATION AND DEMONSTRATION.
ARTIFICIAL INTELLIGENCE AND MACHINE
LEARNING ADVANCED TECHNOLOGIES.
ALL DOMAIN CONVERGENCE ADVANCED
TECHNOLOGY.
C3I ADVANCED TECHNOLOGY ...............................
AIR PLATFORM ADVANCED TECHNOLOGY ........
SOLDIER ADVANCED TECHNOLOGY ....................
CPF—Advancing Military Exoskeleton Technology
State-of-The-Art Project.
CPF—Building 2, Doriot Climatic Chambers, Exterior Repair.
CPF—Small Unit Digital Twin for Robotic and Sensor Systems Integration.
LETHALITY ADVANCED TECHNOLOGY ...............
ARMY ADVANCED TECHNOLOGY DEVELOPMENT.
SOLDIER
LETHALITY
ADVANCED
TECHNOLOGY.
Sensored head-borne suspension systems ...................
GROUND ADVANCED TECHNOLOGY ....................
Additive manufacturing with indigenous materials ...
Cold Regions Research and Engineering Laboratory
Graphene-enabled technologies for ground combat
operations.
Printed infrastructure and cold weather construction
capabilities.
COUNTER IMPROVISED-THREAT SIMULATION
BIOTECHNOLOGY
FOR
MATERIALS—ADVANCED RESEARCH.
C3I CYBER ADVANCED DEVELOPMENT ..............
HIGH PERFORMANCE COMPUTING MODERNIZATION PROGRAM.
Program increase ..........................................................
NEXT GENERATION COMBAT VEHICLE ADVANCED TECHNOLOGY.
Autonomous ground vehicle cybersecurity ..................
Combat vehicle hybrid-electric transmissions ............
Digital enterprise technology .......................................
Electrified vehicle infrared signature management ...
HTPEM APU .................................................................
Lithium 6T battery development .................................
Multi-Service Electro-Optical Signature code modernization.
Synthetic graphite research .........................................
NETWORK C3I ADVANCED TECHNOLOGY ..........
PNT situational awareness tools and techniques .......
LONG RANGE PRECISION FIRES ADVANCED
TECHNOLOGY.
Autoloader development ...............................................
Extended Range Artillery Munition Suite ..................
Hypersonic and strategic materials and structures ...
Maneuvering submunitions ..........................................
Missile Multi Agent eXtensible Engagement Services
(MAXES).
FUTURE VERTICAL LIFT ADVANCED TECHNOLOGY.
Program increase—Additive manufacturing ...............
AIR AND MISSILE DEFENSE ADVANCED TECHNOLOGY.
Counter-Unmanned Aerial Systems Palatized-High
Energy Laser.
Integration of distributed gain HEL laser weapon
system.

FY 2023
Request

Conference
Authorized

15,598

15,598

20,900

20,900

6,395

6,395

45,463

45,463

12,716
17,946
479

12,716
17,946
10,499
[2,890]
[3,630]
[3,500]

9,796
134,874

9,796
134,874

100,935

105,935

32,546

[5,000]
68,546
[15,000]
[10,000]
[5,000]
[6,000]

21,486
56,853

21,486
56,853

41,354
251,964

41,354
301,964

193,242

[50,000]
254,742
[5,000]
[5,500]
[15,000]
[5,000]
[10,000]
[8,000]
[3,000]

125,565
100,830

[10,000]
135,565
[10,000]
166,230
[21,400]
[5,000]
[20,000]
[9,000]
[10,000]

177,836

11,147

179,836
[2,000]
43,147
[20,000]
[12,000]

H. R. 7776—733
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
(In Thousands of Dollars)
Line
049

050

Program
Element
0603920A

0603305A

051
053

0603308A
0603619A

054
055

0603639A
0603645A

056
057

0603747A
0603766A

058

0603774A

059

0603779A

060
061

0603790A
0603801A

062

0603804A

063
064

0603807A
0603827A

065
066
067

0604017A
0604019A
0604020A

069

0604035A

070

0604036A

071

0604037A

072
073

0604100A
0604101A

074

0604113A

075

0604114A

076
077

0604115A
0604117A

078

0604119A

079

0604120A

080

0604121A

Item
HUMANITARIAN DEMINING ...................................
SUBTOTAL ADVANCED TECHNOLOGY DEVELOPMENT.
ADVANCED COMPONENT DEVELOPMENT &
PROTOTYPES
ARMY MISSLE DEFENSE SYSTEMS INTEGRATION.
Mobile Solid State High Power Microwave .................
Sensing, Modeling, Analysis, Requirements, and
Testing.
ARMY SPACE SYSTEMS INTEGRATION ................
LANDMINE WARFARE AND BARRIER—ADV
DEV.
TANK AND MEDIUM CALIBER AMMUNITION ....
ARMORED SYSTEM MODERNIZATION—ADV
DEV.
AMPV—Hybrid electric vehicle ....................................
SOLDIER SUPPORT AND SURVIVABILITY ...........
TACTICAL ELECTRONIC SURVEILLANCE SYSTEM—ADV DEV.
NIGHT VISION SYSTEMS ADVANCED DEVELOPMENT.
IVAS—Army requested realignment from Procurement.
ENVIRONMENTAL QUALITY TECHNOLOGY—
DEM/VAL.
Underwater Demilitarization of Munitions ................
NATO RESEARCH AND DEVELOPMENT ...............
AVIATION—ADV DEV ................................................
Future Long Range Assault Aircraft (FLRAA) ...........
Unjustified growth—FLRAA MTA program management.
LOGISTICS AND ENGINEER EQUIPMENT—ADV
DEV.
MEDICAL SYSTEMS—ADV DEV ..............................
SOLDIER SYSTEMS—ADVANCED DEVELOPMENT.
ROBOTICS DEVELOPMENT ......................................
EXPANDED MISSION AREA MISSILE (EMAM) .....
CROSS FUNCTIONAL TEAM (CFT) ADVANCED
DEVELOPMENT & PROTOTYPING.
LOW EARTH ORBIT (LEO) SATELLITE CAPABILITY.
MULTI-DOMAIN SENSING SYSTEM (MDSS) ADV
DEV.
TACTICAL INTEL TARGETING ACCESS NODE
(TITAN) ADV DEV.
ANALYSIS OF ALTERNATIVES ................................
SMALL UNMANNED AERIAL VEHICLE (SUAV)
(6.4).
FUTURE TACTICAL UNMANNED AIRCRAFT
SYSTEM (FTUAS).
LOWER TIER AIR MISSILE DEFENSE (LTAMD)
SENSOR.
Program protection .......................................................
TECHNOLOGY MATURATION INITIATIVES .........
MANEUVER—SHORT RANGE AIR DEFENSE (MSHORAD).
ARMY ADVANCED COMPONENT DEVELOPMENT & PROTOTYPING.
ASSURED POSITIONING, NAVIGATION AND
TIMING (PNT).
ALTNAV—Army UPL ...................................................
SYNTHETIC TRAINING ENVIRONMENT REFINEMENT & PROTOTYPING.
Program increase (STE live training systems) ...........

FY 2023
Request

Conference
Authorized

8,933
1,392,065

8,933
1,675,685

12,001

34,001
[12,000]
[10,000]

17,945
64,001

17,945
64,001

64,669
49,944

64,669
87,444

4,060
72,314

[37,500]
4,060
72,314

18,048

117,048
[99,000]

31,249

3,805
1,162,344

38,749
[7,500]
3,805
1,180,484
[23,000]
[–4,860]

9,638

9,638

598
25,971

598
25,971

26,594
220,820
106,000

26,594
220,820
106,000

35,509

35,509

49,932

49,932

863

863

10,659
1,425

10,659
1,425

95,719

95,719

382,147

392,147

269,756
225,147

[10,000]
269,756
225,147

198,111

198,111

43,797

57,797

166,452

[14,000]
219,452
[17,000]

H. R. 7776—734
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
(In Thousands of Dollars)
Line

Program
Element

081

0604134A

082
083

0604135A
0604182A

084
085

0604403A
0604531A

086
089

0604541A
0305251A

090
091
092

0604201A
0604270A
0604601A

093
094
095
096
097

0604604A
0604611A
0604622A
0604633A
0604641A

098

0604642A

099

0604645A

100

0604710A

101

0604713A

102
103

0604715A
0604741A

104

0604742A

105
106

0604746A
0604760A

109

0604798A

110

0604802A

111

0604804A

112

0604805A

113

0604807A

114
115

0604808A
0604818A

116
117

0604820A
0604822A

119

0604827A

Item
SiVT—Army requested realignment from Procurement.
COUNTER IMPROVISED-THREAT DEMONSTRATION, PROTOTYPE DEVELOPMENT, AND
TESTING.
STRATEGIC MID-RANGE FIRES ..............................
HYPERSONICS ............................................................
National Hypersonic Initiative—Develop Leap-Ahead
Concepts and Capabilities.
FUTURE INTERCEPTOR ...........................................
COUNTER—SMALL
UNMANNED
AIRCRAFT
SYSTEMS ADVANCED DEVELOPMENT.
UNIFIED NETWORK TRANSPORT ..........................
CYBERSPACE OPERATIONS FORCES AND
FORCE SUPPORT.
SUBTOTAL ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES.
SYSTEM DEVELOPMENT & DEMONSTRATION
AIRCRAFT AVIONICS .................................................
ELECTRONIC WARFARE DEVELOPMENT ............
INFANTRY SUPPORT WEAPONS .............................
Commercial magazine reliability testing ....................
Program increase ..........................................................
MEDIUM TACTICAL VEHICLES ..............................
JAVELIN .......................................................................
FAMILY OF HEAVY TACTICAL VEHICLES ...........
AIR TRAFFIC CONTROL ............................................
TACTICAL UNMANNED GROUND VEHICLE
(TUGV).
LIGHT TACTICAL WHEELED VEHICLES ..............
Electric light recon vehicle—Army UPL .....................
ARMORED SYSTEMS MODERNIZATION (ASM)—
ENG DEV.
T&E excess to need .......................................................
NIGHT VISION SYSTEMS—ENG DEV .....................
IVAS—Army UPL .........................................................
Night vision device—next ahead of need ....................
COMBAT FEEDING, CLOTHING, AND EQUIPMENT.
NON-SYSTEM TRAINING DEVICES—ENG DEV ...
AIR DEFENSE COMMAND, CONTROL AND INTELLIGENCE—ENG DEV.
Program decrease ..........................................................
CONSTRUCTIVE SIMULATION SYSTEMS DEVELOPMENT.
AUTOMATIC TEST EQUIPMENT DEVELOPMENT
DISTRIBUTIVE INTERACTIVE SIMULATIONS
(DIS)—ENG DEV.
BRIGADE ANALYSIS, INTEGRATION AND EVALUATION.
WEAPONS AND MUNITIONS—ENG DEV ..............
Program decrease ..........................................................
LOGISTICS AND ENGINEER EQUIPMENT—ENG
DEV.
COMMAND, CONTROL, COMMUNICATIONS SYSTEMS—ENG DEV.
MEDICAL MATERIEL/MEDICAL BIOLOGICAL
DEFENSE EQUIPMENT—ENG DEV.
LANDMINE WARFARE/BARRIER—ENG DEV ........
ARMY TACTICAL COMMAND & CONTROL
HARDWARE & SOFTWARE.
RADAR DEVELOPMENT ............................................
GENERAL FUND ENTERPRISE BUSINESS SYSTEM (GFEBS).
SOLDIER SYSTEMS—WARRIOR DEM/VAL ............

FY 2023
Request

Conference
Authorized
[36,000]

15,840

15,840

404,291
173,168

404,291
223,168
[50,000]

8,179
35,110

8,179
35,110

36,966
55,677

36,966
55,677

4,098,749

4,409,889

3,335
4,243
66,529

22,163
7,870
50,924
2,623
115,986

3,335
4,243
76,529
[5,000]
[5,000]
22,163
7,870
50,924
2,623
115,986

71,287

10,049
[10,049]
68,777

1,566

[–2,510]
75,951
[16,500]
[–3,228]
1,566

18,600
39,541

18,600
35,541

29,570

[–4,000]
29,570

5,178
8,189

5,178
8,189

21,228

21,228

263,778
41,669

259,178
[–4,600]
41,669

40,038

40,038

5,513

5,513

12,150
111,690

12,150
111,690

71,259
10,402

71,259
10,402

11,425

11,425

62,679

H. R. 7776—735
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
(In Thousands of Dollars)
Line

Program
Element

120

0604852A

121
122

0604854A
0605013A

123

0605018A

125
126
128

0605030A
0605031A
0605035A

130
131

0605041A
0605042A

132

0605047A

133
134

0605051A
0605052A

135
136

0605053A
0605054A

137
138
140

0605143A
0605144A
0605148A

141

0605203A

142

0605205A

143
145
146
147

0605224A
0605231A
0605232A
0605233A

148
149
150
151

0605235A
0605236A
0605450A
0605457A

152

0605531A

153

0605625A

154
155

0605766A
0605812A

156
157
160

0605830A
0303032A
0304270A

161
162

0604256A
0604258A

Item
SUITE OF SURVIVABILITY ENHANCEMENT
SYSTEMS—EMD.
ARTILLERY SYSTEMS—EMD ...................................
INFORMATION TECHNOLOGY DEVELOPMENT
Army contract writing system ......................................
INTEGRATED PERSONNEL AND PAY SYSTEMARMY (IPPS-A).
Unjustified growth ........................................................
JOINT TACTICAL NETWORK CENTER (JTNC) .....
JOINT TACTICAL NETWORK (JTN) ........................
COMMON
INFRARED
COUNTERMEASURES
(CIRCM).
DEFENSIVE CYBER TOOL DEVELOPMENT .........
TACTICAL NETWORK RADIO SYSTEMS (LOWTIER).
CONTRACT WRITING SYSTEM ................................
Unjustified growth ........................................................
AIRCRAFT SURVIVABILITY DEVELOPMENT .......
INDIRECT FIRE PROTECTION CAPABILITY INC
2—BLOCK 1.
GROUND ROBOTICS ..................................................
EMERGING TECHNOLOGY INITIATIVES ..............
Palletized high energy laser .........................................
BIOMETRICS ENABLING CAPABILITY (BEC) .......
NEXT GENERATION LOAD DEVICE—MEDIUM ...
TACTICAL INTEL TARGETING ACCESS NODE
(TITAN) EMD.
TITAN realignment of funds ........................................
ARMY SYSTEM DEVELOPMENT & DEMONSTRATION.
CYBERCOM UPL—JCWA integration .......................
SMALL UNMANNED AERIAL VEHICLE (SUAV)
(6.5).
MULTI-DOMAIN INTELLIGENCE ............................
PRECISION STRIKE MISSILE (PRSM) ....................
HYPERSONICS EMD ..................................................
ACCESSIONS INFORMATION ENVIRONMENT
(AIE).
Carryover .......................................................................
STRATEGIC MID-RANGE CAPABILITY ..................
INTEGRATED TACTICAL COMMUNICATIONS .....
JOINT AIR-TO-GROUND MISSILE (JAGM) .............
ARMY INTEGRATED AIR AND MISSILE DEFENSE (AIAMD).
Kill chain automation ...................................................
Program decrease ..........................................................
COUNTER—SMALL
UNMANNED
AIRCRAFT
SYSTEMS SYS DEV & DEMONSTRATION.
MANNED GROUND VEHICLE ..................................
Excess to need ...............................................................
NATIONAL CAPABILITIES INTEGRATION (MIP)
JOINT LIGHT TACTICAL VEHICLE (JLTV) ENGINEERING AND MANUFACTURING DEVELOPMENT PH.
AVIATION GROUND SUPPORT EQUIPMENT .......
TROJAN—RH12 ...........................................................
ELECTRONIC WARFARE DEVELOPMENT ............
Realignment of funds ....................................................
Service Tactical SIGINT Upgrades—INDOPACOM
UPL.
SUBTOTAL SYSTEM DEVELOPMENT & DEMONSTRATION.
MANAGEMENT SUPPORT
THREAT SIMULATOR DEVELOPMENT ..................
TARGET SYSTEMS DEVELOPMENT .......................
Small UAS engine development ...................................

FY 2023
Request

Conference
Authorized

109,702

109,702

23,106
124,475
67,564

23,106
109,475
[–15,000]
53,373

17,950
30,169
11,523

[–14,191]
17,950
30,169
11,523

33,029
4,497

33,029
4,497

23,487

13,742
[–9,745]
19,123
131,093

19,123
131,093
26,809
185,311
11,091
22,439
58,087

26,809
190,311
[5,000]
11,091
22,439
108,987

119,516

[50,900]
143,616

6,530

[24,100]
6,530

19,911
259,506
633,499
13,647

19,911
259,506
633,499
10,088

5,016
12,447
2,366
265,288

[–3,559]
5,016
12,447
2,366
259,288

14,892

[2,000]
[–8,000]
14,892

589,762
17,030
9,376

2,959
3,761
56,938

4,031,334

18,437
19,132

577,807
[–11,955]
17,030
9,376

2,959
3,761
99,838
[38,000]
[4,900]
4,115,995

18,437
29,132
[10,000]

H. R. 7776—736
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
(In Thousands of Dollars)
Line
163
164
165
166
168
169

Program
Element
0604759A
0605103A
0605301A
0605326A
0605601A
0605602A

170
171
172

0605604A
0605606A
0605702A

173
174
175
176
177

0605706A
0605709A
0605712A
0605716A
0605718A

178
179
180

0605801A
0605803A
0605805A

181

0605857A

182

0605898A

183

0606002A

184

0606003A

186

0606942A

188
189
190

0603778A
0605024A
0607131A

193

0607137A

194
195

0607139A
0607142A

196

0607143A

197

0607145A

198

0607148A

199
200
201
202
203
204

0607150A
0607312A
0607313A
0607665A
0607865A
0203728A

205

0203735A

206

0203743A

Item
MAJOR T&E INVESTMENT .......................................
RAND ARROYO CENTER ...........................................
ARMY KWAJALEIN ATOLL .......................................
CONCEPTS EXPERIMENTATION PROGRAM ........
ARMY TEST RANGES AND FACILITIES .................
ARMY TECHNICAL TEST INSTRUMENTATION
AND TARGETS.
Rapid Assurance Modernization Program–Test
(RAMP-T).
SURVIVABILITY/LETHALITY ANALYSIS ...............
AIRCRAFT CERTIFICATION .....................................
METEOROLOGICAL SUPPORT TO RDT&E ACTIVITIES.
MATERIEL SYSTEMS ANALYSIS .............................
EXPLOITATION OF FOREIGN ITEMS .....................
SUPPORT OF OPERATIONAL TESTING .................
ARMY EVALUATION CENTER .................................
ARMY MODELING & SIM X-CMD COLLABORATION & INTEG.
PROGRAMWIDE ACTIVITIES ...................................
TECHNICAL INFORMATION ACTIVITIES .............
MUNITIONS STANDARDIZATION, EFFECTIVENESS AND SAFETY.
Agile Manufacturing for Advanced Armament Systems.
ENVIRONMENTAL
QUALITY
TECHNOLOGY
MGMT SUPPORT.
ARMY DIRECT REPORT HEADQUARTERS—R&D
- MHA.
RONALD REAGAN BALLISTIC MISSILE DEFENSE TEST SITE.
COUNTERINTEL AND HUMAN INTEL MODERNIZATION.
ASSESSMENTS AND EVALUATIONS CYBER
VULNERABILITIES.
SUBTOTAL MANAGEMENT SUPPORT ...............
OPERATIONAL SYSTEMS DEVELOPMENT
MLRS PRODUCT IMPROVEMENT PROGRAM .......
ANTI-TAMPER TECHNOLOGY SUPPORT ..............
WEAPONS AND MUNITIONS PRODUCT IMPROVEMENT PROGRAMS.
Materials improvements ...............................................
CHINOOK PRODUCT IMPROVEMENT PROGRAM
Chinook 714C engine upgrade .....................................
IMPROVED TURBINE ENGINE PROGRAM ............
AVIATION ROCKET SYSTEM PRODUCT IMPROVEMENT AND DEVELOPMENT.
UNMANNED AIRCRAFT SYSTEM UNIVERSAL
PRODUCTS.
APACHE FUTURE DEVELOPMENT ........................
Program increase ..........................................................
AN/TPQ–53 COUNTERFIRE TARGET ACQUISITION RADAR SYSTEM.
INTEL CYBER DEVELOPMENT ...............................
ARMY OPERATIONAL SYSTEMS DEVELOPMENT
ELECTRONIC WARFARE DEVELOPMENT ............
FAMILY OF BIOMETRICS .........................................
PATRIOT PRODUCT IMPROVEMENT .....................
JOINT AUTOMATED DEEP OPERATION COORDINATION SYSTEM (JADOCS).
COMBAT VEHICLE IMPROVEMENT PROGRAMS
Abrams modernization ..................................................
Auxiliary power unit development ..............................
155MM
SELF-PROPELLED
HOWITZER
IMPROVEMENTS.
Maintain program management level of effort ...........

FY 2023
Request
107,706
35,542
309,005
87,122
401,643
37,962

Conference
Authorized
107,706
35,542
309,005
87,122
401,643
57,962
[20,000]

36,500
2,777
6,958

36,500
2,777
6,958

22,037
6,186
70,718
67,058
6,097

22,037
6,186
70,718
67,058
6,097

89,793
28,752
48,316

89,793
28,752
53,316
[5,000]

1,912

1,912

53,271

53,271

90,088

90,088

1,424

1,424

5,816

5,816

1,554,252

1,589,252

18,463
9,284
11,674

18,463
9,284
16,674

52,513
228,036
11,312
512
10,074

[5,000]
67,513
[15,000]
228,036
11,312
512

62,559

20,074
[10,000]
62,559

13,343
26,131
6,432
1,114
152,312
19,329

13,343
26,131
6,432
1,114
152,312
19,329

192,310

294,510
[97,200]
[5,000]
134,680

136,680

[–2,000]

H. R. 7776—737
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
(In Thousands of Dollars)
Line

Program
Element

208

0203752A

209

0203758A

210

0203801A

211

0203802A

212

0205412A

213

0205778A

214
217
218
219
222
223
224
227

0208053A
0303140A
0303141A
0303142A
0305179A
0305204A
0305206A
0708045A

9999

9999999999

228

999

0608041A

99999999

Item
AIRCRAFT ENGINE COMPONENT IMPROVEMENT PROGRAM.
DIGITIZATION .............................................................
Carryover .......................................................................
MISSILE/AIR DEFENSE PRODUCT IMPROVEMENT PROGRAM.
OTHER MISSILE PRODUCT IMPROVEMENT
PROGRAMS.
ENVIRONMENTAL QUALITY TECHNOLOGY—
OPERATIONAL SYSTEM DEV.
GUIDED MULTIPLE-LAUNCH ROCKET SYSTEM
(GMLRS).
JOINT TACTICAL GROUND SYSTEM .....................
INFORMATION SYSTEMS SECURITY PROGRAM
GLOBAL COMBAT SUPPORT SYSTEM ...................
SATCOM GROUND ENVIRONMENT (SPACE) .......
INTEGRATED BROADCAST SERVICE (IBS) ..........
TACTICAL UNMANNED AERIAL VEHICLES ........
AIRBORNE RECONNAISSANCE SYSTEMS ............
END ITEM INDUSTRIAL PREPAREDNESS ACTIVITIES.
CLASSIFIED PROGRAMS ..........................................
SUBTOTAL OPERATIONAL SYSTEMS DEVELOPMENT.
SOFTWARE AND DIGITAL TECHNOLOGY
PILOT PROGRAMS
DEFENSIVE CYBER—SOFTWARE PROTOTYPE
DEVELOPMENT.
SUBTOTAL SOFTWARE AND DIGITAL TECHNOLOGY PILOT PROGRAMS.

0601103N

003

0601153N

004
005

0602114N
0602123N

148
2,100

RESEARCH, DEVELOPMENT, TEST & EVAL,
NAVY
BASIC RESEARCH
UNIVERSITY RESEARCH INITIATIVES .................
All-digital arrays for long-distance applications .........
Program increase ..........................................................
Program increase—artificial intelligence maritime
maneuvering.
DEFENSE RESEARCH SCIENCES ...........................
Basic research increase ................................................
SUBTOTAL BASIC RESEARCH .............................
APPLIED RESEARCH
POWER PROJECTION APPLIED RESEARCH ........
FORCE PROTECTION APPLIED RESEARCH .........
Cavitation erosion prevention ......................................
CPF—Resilient Autonomous Systems Research and
Workforce Diversity.
CPF—Talent and Technology for Navy Power and
Energy Systems.
Direct air capture and carbon removal technology
program.
Energy resilience research collaboration .....................
Intelligent Data Management for Distributed Naval
Platforms.
Relative positioning of autonomous platforms ............

Conference
Authorized
148

3,109

0
[–2,100]
3,109

9,027

9,027

793

793

20,180

20,180

8,813
17,209
27,100
18,321
9,926
4,500
17,165
91,270

8,813
17,209
27,100
18,321
9,926
4,500
17,165
91,270

6,664
1,188,403

6,664
1,316,503

94,888

94,888

94,888

94,888

UNDISTRIBUTED
UNDISTRIBUTED ........................................................
Inflation effects ..............................................................
SUBTOTAL UNDISTRIBUTED ...............................
TOTAL RESEARCH, DEVELOPMENT, TEST &
EVAL, ARMY.

001

FY 2023
Request

395,627
[395,627]
395,627
13,710,273

15,344,737

90,076

204,700
[9,800]
[99,824]
[5,000]

499,116

529,116
[30,000]
733,816

589,192

22,953
133,426

22,953
192,926
[5,000]
[4,000]
[3,000]
[10,000]
[3,000]
[10,500]
[5,000]

H. R. 7776—738
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
(In Thousands of Dollars)
Line

006

Program
Element

0602131M

007
008

0602235N
0602236N

009

0602271N

010

0602435N

011

0602651M

012

0602747N

013

0602750N

014

0602782N

015

0602792N

016

0602861N

017

0603123N

018

0603271N

019

0603640M

020

0603651M

021

0603673N

022
023

0603680N
0603729N

024

0603758N

025

0603782N

026

0603801N

Item
Resilient Autonomous Systems Research & Workforce Diversity.
Workforce and technology for Navy power and energy systems.
MARINE CORPS LANDING FORCE TECHNOLOGY.
CPF—Unmanned Logistics Solutions for the U.S.
Marine Corps.
Unmanned logistics solutions ......................................
COMMON PICTURE APPLIED RESEARCH ............
WARFIGHTER SUSTAINMENT APPLIED RESEARCH.
Anti-corrosion coatings .................................................
ELECTROMAGNETIC SYSTEMS APPLIED RESEARCH.
Chip Scale Open Architecture ......................................
OCEAN WARFIGHTING ENVIRONMENT APPLIED RESEARCH.
Undersea distributed sensing systems ........................
JOINT NON-LETHAL WEAPONS APPLIED RESEARCH.
UNDERSEA WARFARE APPLIED RESEARCH .......
CPF—Persistent Maritime Surveillance .....................
Dual-modality research vessels ....................................
Undersea vehicle technology partnerships .................
UUV research ................................................................
FUTURE NAVAL CAPABILITIES APPLIED RESEARCH.
Program increase ..........................................................
MINE AND EXPEDITIONARY WARFARE APPLIED RESEARCH.
INNOVATIVE NAVAL PROTOTYPES (INP) APPLIED RESEARCH.
Navy UFR—Alternative CONOPS Goalkeeper ..........
SCIENCE AND TECHNOLOGY MANAGEMENT—
ONR FIELD ACITIVITIES.
SUBTOTAL APPLIED RESEARCH .......................
ADVANCED TECHNOLOGY DEVELOPMENT
FORCE
PROTECTION
ADVANCED
TECHNOLOGY.
ELECTROMAGNETIC
SYSTEMS
ADVANCED
TECHNOLOGY.
USMC ADVANCED TECHNOLOGY DEMONSTRATION (ATD).
Low-cost attritable aircraft technology .......................
Program increase ..........................................................
Program increase—K-MAX next generation autonomous logistics UAS.
JOINT NON-LETHAL WEAPONS TECHNOLOGY
DEVELOPMENT.
FUTURE NAVAL CAPABILITIES ADVANCED
TECHNOLOGY DEVELOPMENT.
MANUFACTURING TECHNOLOGY PROGRAM .....
WARFIGHTER PROTECTION ADVANCED TECHNOLOGY.
NAVY WARFIGHTING EXPERIMENTS AND DEMONSTRATIONS.
MINE AND EXPEDITIONARY WARFARE ADVANCED TECHNOLOGY.
INNOVATIVE NAVAL PROTOTYPES (INP) ADVANCED TECHNOLOGY DEVELOPMENT.
Navy UFR—Alternative CONOPS Goalkeeper ..........
Scalable laser weapon system ......................................
SUBTOTAL ADVANCED TECHNOLOGY DEVELOPMENT.

FY 2023
Request

Conference
Authorized
[8,500]
[10,500]

53,467

63,967
[3,000]

51,911
70,957

[7,500]
51,911
80,957

92,444

[10,000]
107,444

74,622

[15,000]
84,622

6,700

[10,000]
6,700

58,111

173,641

87,111
[4,000]
[2,000]
[20,000]
[3,000]
177,141

31,649

[3,500]
31,649

120,637

146,237

81,296

[25,600]
81,296

971,814

1,134,914

16,933

16,933

8,253

8,253

280,285

316,685
[25,000]
[4,600]
[6,800]

14,048

14,048

251,267

251,267

60,704
4,999

60,704
4,999

83,137

83,137

2,007

2,007

144,122

210,422

865,755

[61,300]
[5,000]
968,455

H. R. 7776—739
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
(In Thousands of Dollars)
Line

Program
Element

027
028

0603128N
0603178N

029
030
031
033
034
035

0603207N
0603216N
0603239N
0603254N
0603261N
0603382N

036

0603502N

037
038
039
040
041
042
043
044

0603506N
0603512N
0603525N
0603527N
0603536N
0603542N
0603553N
0603561N

045
046

0603562N
0603563N

047

0603564N

048
049

0603570N
0603573N

050
051
052
053

0603576N
0603581N
0603582N
0603595N

054

0603596N

055
056

0603597N
0603599N

057
058

0603609N
0603635M

059

0603654N

060

0603713N

061
062

0603721N
0603724N

063
064
065
066
067
068
069
070
071

0603725N
0603734N
0603739N
0603746N
0603748N
0603751N
0603764M
0603790N
0603795N

Item
ADVANCED COMPONENT DEVELOPMENT &
PROTOTYPES
UNMANNED AERIAL SYSTEM .................................
LARGE UNMANNED SURFACE VEHICLES
(LUSV).
AIR/OCEAN TACTICAL APPLICATIONS .................
AVIATION SURVIVABILITY ......................................
NAVAL CONSTRUCTION FORCES ..........................
ASW SYSTEMS DEVELOPMENT ..............................
TACTICAL AIRBORNE RECONNAISSANCE ...........
ADVANCED COMBAT SYSTEMS TECHNOLOGY ..
Data dissemination and interoperability ....................
Navy UFR—Alternative CONOPS Goalkeeper ..........
SURFACE AND SHALLOW WATER MINE COUNTERMEASURES.
SURFACE SHIP TORPEDO DEFENSE .....................
CARRIER SYSTEMS DEVELOPMENT .....................
PILOT FISH ..................................................................
RETRACT LARCH ........................................................
RETRACT JUNIPER ....................................................
RADIOLOGICAL CONTROL .......................................
SURFACE ASW ............................................................
ADVANCED SUBMARINE SYSTEM DEVELOPMENT.
Program increase ..........................................................
SUBMARINE TACTICAL WARFARE SYSTEMS .....
SHIP CONCEPT ADVANCED DESIGN ....................
Additive Manufacturing in Ship Advanced Concept
Design.
Advance LAW development ..........................................
SHIP PRELIMINARY DESIGN & FEASIBILITY
STUDIES.
ADVANCED NUCLEAR POWER SYSTEMS ............
ADVANCED SURFACE MACHINERY SYSTEMS ...
Lithium Iron Phosphate Batteries Integration ...........
Silicon carbide power modules .....................................
CHALK EAGLE ............................................................
LITTORAL COMBAT SHIP (LCS) ..............................
COMBAT SYSTEM INTEGRATION ...........................
OHIO REPLACEMENT ................................................
Rapid realization of composites for wet submarine
application.
LCS MISSION MODULES ..........................................
Mine Countermeasures Mission Package Capacity
and Wholeness—Navy UPL.
AUTOMATED TEST AND RE-TEST (ATRT) ............
FRIGATE DEVELOPMENT ........................................
Prior year underexecution ............................................
CONVENTIONAL MUNITIONS .................................
MARINE CORPS GROUND COMBAT/SUPPORT
SYSTEM.
JOINT SERVICE EXPLOSIVE ORDNANCE DEVELOPMENT.
OCEAN ENGINEERING TECHNOLOGY DEVELOPMENT.
ENVIRONMENTAL PROTECTION ...........................
NAVY ENERGY PROGRAM ........................................
Marine energy systems .................................................
FACILITIES IMPROVEMENT ....................................
CHALK CORAL ............................................................
NAVY LOGISTIC PRODUCTIVITY ............................
RETRACT MAPLE ........................................................
LINK PLUMERIA .........................................................
RETRACT ELM .............................................................
LINK EVERGREEN .....................................................
NATO RESEARCH AND DEVELOPMENT ...............
LAND ATTACK TECHNOLOGY .................................

FY 2023
Request

Conference
Authorized

96,883
146,840

96,883
146,840

39,737
17,434
1,706
15,986
3,562
18,628

87,825

39,737
17,434
1,706
15,986
3,562
65,828
[6,500]
[40,700]
87,825

473
11,567
672,461
7,483
239,336
772
1,180
105,703

473
11,567
672,461
7,483
239,336
772
1,180
110,703

10,917
82,205

75,327
227,400
176,600

91,584
96,444
18,236
335,981

[5,000]
10,917
90,205
[4,000]
[4,000]
75,327
227,400
197,200
[9,000]
[11,600]
91,584
96,444
18,236
350,981
[15,000]

41,533

48,533
[7,000]

9,773
118,626
9,286
111,431

9,773
115,626
[–3,000]
9,286
111,431

36,496

36,496

6,193

6,193

21,647
60,320
5,664
833,634
899
363,973
1,038,661
83,445
313,761
8,041
358

21,647
70,320
[10,000]
5,664
833,634
899
363,973
1,038,661
83,445
313,761
8,041
358

H. R. 7776—740
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
(In Thousands of Dollars)
Line

Program
Element

072
073

0603851M
0603860N

074

0603925N

075
076
077

0604014N
0604027N
0604028N

078

0604029N

079

0604030N

081

0604112N

082
083
084

0604126N
0604127N
0604272N

085
086
087
088

0604289M
0604292N
0604320M
0604454N

089
090

0604536N
0604636N

091

0604659N

092

0604707N

093

0604786N

094

0605512N

095

0605513N

096

0605514M

097
098

0605516M
0605518N

099
100

0303354N
0304240M

101

0304270N

102
103

0603208N
0604038N

104
105
106
107

0604212N
0604214M
0604215N
0604216N

108

0604221N

Item
JOINT NON-LETHAL WEAPONS TESTING ...........
JOINT PRECISION APPROACH AND LANDING
SYSTEMS—DEM/VAL.
DIRECTED ENERGY AND ELECTRIC WEAPON
SYSTEMS.
F/A –18 INFRARED SEARCH AND TRACK (IRST)
DIGITAL WARFARE OFFICE ....................................
SMALL AND MEDIUM UNMANNED UNDERSEA
VEHICLES.
UNMANNED UNDERSEA VEHICLE CORE TECHNOLOGIES.
RAPID
PROTOTYPING,
EXPERIMENTATION
AND DEMONSTRATION..
GERALD R. FORD CLASS NUCLEAR AIRCRAFT
CARRIER (CVN 78—80).
LITTORAL AIRBORNE MCM .....................................
SURFACE MINE COUNTERMEASURES .................
TACTICAL AIR DIRECTIONAL INFRARED COUNTERMEASURES (TADIRCM).
Program increase—distributed aperture infrared
countermeasure system.
NEXT GENERATION LOGISTICS .............................
FUTURE VERTICAL LIFT (MARITIME STRIKE) ...
RAPID TECHNOLOGY CAPABILITY PROTOTYPE
LX (R) .............................................................................
Historical underexecution .............................................
ADVANCED UNDERSEA PROTOTYPING ...............
COUNTER UNMANNED AIRCRAFT SYSTEMS (CUAS).
PRECISION STRIKE WEAPONS DEVELOPMENT
PROGRAM.
Research and development for a nuclear-capable sealaunched cruise missile.
SPACE AND ELECTRONIC WARFARE (SEW) ARCHITECTURE/ENGINEERING SUPPORT.
OFFENSIVE ANTI-SURFACE WARFARE WEAPON DEVELOPMENT.
Navy requested transfer from WPN line 8 .................
Navy UFR—Hypersonic OASuW Inc 2 .......................
MEDIUM UNMANNED SURFACE VEHICLES
(MUSVS)).
UNMANNED SURFACE VEHICLE ENABLING
CAPABILITIES.
GROUND BASED ANTI-SHIP MISSILE ...................
Defense Industrial Base (DIB) Expansion for Harpoon Missiles.
LONG RANGE FIRES ..................................................
CONVENTIONAL PROMPT STRIKE (CPS) .............
Full-Scale Rapid CPS Flight Tests ..............................
ASW SYSTEMS DEVELOPMENT—MIP ...................
ADVANCED TACTICAL UNMANNED AIRCRAFT
SYSTEM.
ELECTRONIC WARFARE DEVELOPMENT—MIP
SUBTOTAL ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES.
SYSTEM DEVELOPMENT & DEMONSTRATION
TRAINING SYSTEM AIRCRAFT ................................
MARITIME TARGETING CELL .................................
Family of Integrated Targeting Cells (FITC) .............
OTHER HELO DEVELOPMENT ................................
AV–8B AIRCRAFT—ENG DEV ...................................
STANDARDS DEVELOPMENT ..................................
MULTI-MISSION HELICOPTER UPGRADE DEVELOPMENT.
P–3 MODERNIZATION PROGRAM ...........................

FY 2023
Request

Conference
Authorized

30,533
18,628

30,533
18,628

65,080

65,080

40,069
165,753
106,347

40,069
165,753
106,347

60,697

60,697

57,000

57,000

116,498

116,498

47,389
12,959
15,028

47,389
12,959
39,028
[24,000]

2,342
5,103
62,927
26,630
116,880
7,438

2,342
5,103
62,927
24,116
[–2,514]
116,880
7,438

84,734

109,734
[25,000]

10,229

10,229

124,204

237,785

104,000

[46,481]
[67,100]
104,000

181,620

181,620

43,090

93,090
[50,000]

36,693
1,205,041

36,693
1,225,041
[20,000]
9,856
1,735

9,856
1,735
796
8,405,310

15,128
39,600
66,010
9,205
3,766
44,684
343

796
8,745,177

15,128
89,600
[50,000]
66,010
9,205
3,766
44,684
343

H. R. 7776—741
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
(In Thousands of Dollars)
Line

Program
Element

109
110
111

0604230N
0604231N
0604234N

112
113
114
115
116
117
118
119
120

0604245M
0604261N
0604262N
0604264N
0604269N
0604270N
0604273M
0604274N
0604280N

121

0604282N

122

0604307N

124
125
126
127

0604329N
0604366N
0604373N
0604378N

128

0604419N

129

0604501N

130
131
132
133
134

0604503N
0604504N
0604512N
0604518N
0604522N

135
136

0604530N
0604558N

137
138
139
140

0604562N
0604567N
0604574N
0604601N

141

0604610N

142

0604654N

143

0604657M

144

0604703N

145
146
147
148
149
150
151
152
153
154
155
156

0604727N
0604755N
0604756N
0604757N
0604761N
0604771N
0604777N
0604800M
0604800N
0604850N
0605013M
0605013N

Item
WARFARE SUPPORT SYSTEM .................................
COMMAND AND CONTROL SYSTEMS ...................
ADVANCED HAWKEYE ..............................................
Program decrease ..........................................................
H–1 UPGRADES ...........................................................
ACOUSTIC SEARCH SENSORS ................................
V–22A .............................................................................
AIR CREW SYSTEMS DEVELOPMENT ...................
EA–18 .............................................................................
ELECTRONIC WARFARE DEVELOPMENT ............
EXECUTIVE HELO DEVELOPMENT .......................
NEXT GENERATION JAMMER (NGJ) .....................
JOINT TACTICAL RADIO SYSTEM—NAVY (JTRSNAVY).
Program decrease ..........................................................
NEXT GENERATION JAMMER (NGJ) INCREMENT II.
Program delay ...............................................................
SURFACE COMBATANT COMBAT SYSTEM ENGINEERING.
Historical underexecution .............................................
SMALL DIAMETER BOMB (SDB) .............................
STANDARD MISSILE IMPROVEMENTS .................
AIRBORNE MCM .........................................................
NAVAL
INTEGRATED
FIRE
CONTROL—
COUNTER AIR SYSTEMS ENGINEERING.
ADVANCED SENSORS APPLICATION PROGRAM
(ASAP).
Program increase ..........................................................
ADVANCED ABOVE WATER SENSORS ..................
Historical underexecution .............................................
SSN–688 AND TRIDENT MODERNIZATION ..........
AIR CONTROL ..............................................................
SHIPBOARD AVIATION SYSTEMS ..........................
COMBAT INFORMATION CENTER CONVERSION
AIR AND MISSILE DEFENSE RADAR (AMDR)
SYSTEM.
ADVANCED ARRESTING GEAR (AAG) ....................
NEW DESIGN SSN ......................................................
Advanced undersea capability development ...............
SUBMARINE TACTICAL WARFARE SYSTEM ........
SHIP CONTRACT DESIGN/ LIVE FIRE T&E ..........
NAVY TACTICAL COMPUTER RESOURCES ..........
MINE DEVELOPMENT ...............................................
INDOPACOM UFR—Hammerhead .............................
INDOPACOM/Navy UFR—Sea Urchin powered
quickstrike mines.
LIGHTWEIGHT TORPEDO DEVELOPMENT ..........
Project 2234 historical underexecution .......................
JOINT SERVICE EXPLOSIVE ORDNANCE DEVELOPMENT.
USMC GROUND COMBAT/SUPPORTING ARMS
SYSTEMS—ENG DEV.
PERSONNEL, TRAINING, SIMULATION, AND
HUMAN FACTORS.
JOINT STANDOFF WEAPON SYSTEMS ..................
SHIP SELF DEFENSE (DETECT & CONTROL) ......
SHIP SELF DEFENSE (ENGAGE: HARD KILL) .....
SHIP SELF DEFENSE (ENGAGE: SOFT KILL/EW)
INTELLIGENCE ENGINEERING ..............................
MEDICAL DEVELOPMENT .......................................
NAVIGATION/ID SYSTEM .........................................
JOINT STRIKE FIGHTER (JSF)—EMD ....................
JOINT STRIKE FIGHTER (JSF)—EMD ....................
SSN(X) ............................................................................
INFORMATION TECHNOLOGY DEVELOPMENT
INFORMATION TECHNOLOGY DEVELOPMENT

FY 2023
Request
12,337
143,575
502,956

Conference
Authorized

43,759
50,231
125,233
43,282
116,589
141,138
45,645
54,679
329,787

12,337
143,575
482,956
[–20,000]
43,759
50,231
125,233
43,282
116,589
141,138
45,645
54,679
326,587

301,737

[–3,200]
151,737

347,233

[–150,000]
336,705

42,881
319,943
10,882
45,892

[–10,528]
42,881
319,943
10,882
45,892
13,000

81,254
93,501
39,138
11,759
11,160
87,459
151
307,585
58,741
60,791
4,177
60,793

142,000

[13,000]
72,917
[–8,337]
93,501
39,138
11,759
11,160
87,459
151
496,485
[188,900]
58,741
60,791
4,177
117,893
[47,500]
[10,000]

8,618

140,111
[–1,889]
8,618

45,025

45,025

7,454

7,454

758
159,426
71,818
92,687
23,742
3,178
53,209
611
234
143,949
11,361
290,353

758
159,426
71,818
92,687
23,742
3,178
53,209
611
234
143,949
11,361
298,103

H. R. 7776—742
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
(In Thousands of Dollars)
Line

Program
Element

157
158
159

0605024N
0605180N
0605212M

160
161
162

0605215N
0605217N
0605220N

163
164
165
166
167

0605327N
0605414N
0605450M
0605500N
0605504N

168

0605611M

169

0605813M

170

0204202N

171

0301377N

175
176

0304785N
0306250M

177
178
179
180
181
183
184

0604256N
0604258N
0604759N
0605152N
0605154N
0605804N
0605853N

185
186
187
188

0605856N
0605863N
0605864N
0605865N

189

0605866N

190

0605867N

191
192
193
194
195

0605873M
0605898N
0606355N
0305327N
0902498N

198

0603273N

201
202
203

0604840M
0604840N
0605520M

Item
Cyber supply chain risk management .........................
High performance data analytics .................................
ANTI-TAMPER TECHNOLOGY SUPPORT ..............
TACAMO MODERNIZATION .....................................
CH–53K RDTE ..............................................................
CPF—High-Energy Density and High-Power Density
Li-Ion Battery Magazines (HEBM) in Defense Applications.
MISSION PLANNING ..................................................
COMMON AVIONICS ..................................................
SHIP TO SHORE CONNECTOR (SSC) ......................
Program increase ..........................................................
T-AO 205 CLASS ..........................................................
UNMANNED CARRIER AVIATION (UCA) ...............
JOINT AIR-TO-GROUND MISSILE (JAGM) .............
MULTI-MISSION MARITIME AIRCRAFT (MMA) ...
MULTI-MISSION MARITIME (MMA) INCREMENT
III.
MARINE CORPS ASSAULT VEHICLES SYSTEM
DEVELOPMENT & DEMONSTRATION.
JOINT LIGHT TACTICAL VEHICLE (JLTV) SYSTEM DEVELOPMENT & DEMONSTRATION.
DDG–1000 ......................................................................
Prior year underexecution ............................................
COUNTERING
ADVANCED
CONVENTIONAL
WEAPONS (CACW).
Threat Mosaic Warfare .................................................
ISR & INFO OPERATIONS .........................................
CYBER OPERATIONS TECHNOLOGY DEVELOPMENT.
SUBTOTAL SYSTEM DEVELOPMENT & DEMONSTRATION.
MANAGEMENT SUPPORT
THREAT SIMULATOR DEVELOPMENT ..................
TARGET SYSTEMS DEVELOPMENT .......................
MAJOR T&E INVESTMENT .......................................
STUDIES AND ANALYSIS SUPPORT—NAVY ........
CENTER FOR NAVAL ANALYSES ...........................
TECHNICAL INFORMATION SERVICES ................
MANAGEMENT,
TECHNICAL
&
INTERNATIONAL SUPPORT.
STRATEGIC TECHNICAL SUPPORT .......................
RDT&E SHIP AND AIRCRAFT SUPPORT ...............
TEST AND EVALUATION SUPPORT .......................
OPERATIONAL TEST AND EVALUATION CAPABILITY.
NAVY SPACE AND ELECTRONIC WARFARE
(SEW) SUPPORT.
SEW SURVEILLANCE/RECONNAISSANCE SUPPORT.
MARINE CORPS PROGRAM WIDE SUPPORT .......
MANAGEMENT HQ—R&D .........................................
WARFARE INNOVATION MANAGEMENT .............
INSIDER THREAT .......................................................
MANAGEMENT
HEADQUARTERS
(DEPARTMENTAL SUPPORT ACTIVITIES).
SUBTOTAL MANAGEMENT SUPPORT ...............
OPERATIONAL SYSTEMS DEVELOPMENT
SCIENCE & TECHNOLOGY FOR NUCLEAR REENTRY SYSTEMS.
F–35 C2D2 .....................................................................
F–35 C2D2 .....................................................................
MARINE CORPS AIR DEFENSE WEAPONS SYSTEMS.

FY 2023
Request

7,271
554,193
220,240

71,107
77,960
2,886

Conference
Authorized
[5,000]
[2,750]
7,271
554,193
224,240
[4,000]

220
265,646
371
37,939
161,697

71,107
77,960
10,106
[7,220]
220
265,646
371
37,939
161,697

94,569

94,569

2,856

2,856

197,436
12,341

184,674
[–12,762]
22,341

135,366
37,038

[10,000]
135,366
37,038

6,606,583

6,738,237

29,430
13,708
95,316
3,286
40,624
987
105,152

29,430
13,708
95,316
3,286
40,624
987
105,152

3,787
173,352
468,281
27,808

3,787
173,352
468,281
27,808

27,175

27,175

7,186

7,186

39,744
40,648
52,060
2,315
1,811

39,744
40,648
52,060
2,315
1,811

1,132,670

1,132,670

65,735

65,735

525,338
491,513
48,663

525,338
491,513
48,663

H. R. 7776—743
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
(In Thousands of Dollars)
Line

Program
Element

204

0607658N

205

0101221N

206
207

0101224N
0101226N

208
209

0101402N
0204136N

210
211

0204228N
0204229N

212

0204311N

213
214

0204313N
0204413N

215
216

0204460M
0204571N

217

0204575N

218
219

0205601N
0205620N

220
221
222
223
224

0205632N
0205633N
0205675N
0206313M
0206335M

225

0206623M

226
227

0206624M
0206625M

228
229
230

0206629M
0207161N
0207163N

231
236
237
238

0208043N
0303138N
0303140N
0305192N

239
240
241

0305204N
0305205N
0305208M

242
243

0305220N
0305231N

244
245
247

0305232M
0305234N
0305241N

248

0305242M

249

0305251N

250
251
252

0305421N
0307577N
0308601N

Item
COOPERATIVE
ENGAGEMENT
CAPABILITY
(CEC).
STRATEGIC SUB & WEAPONS SYSTEM SUPPORT.
D5LE2 Risk Reduction .................................................
SSBN SECURITY TECHNOLOGY PROGRAM .........
SUBMARINE ACOUSTIC WARFARE DEVELOPMENT.
Program increase ..........................................................
NAVY STRATEGIC COMMUNICATIONS .................
F/A–18 SQUADRONS ...................................................
Historical underexecution .............................................
Jet noise reduction ........................................................
SURFACE SUPPORT ...................................................
TOMAHAWK AND TOMAHAWK MISSION PLANNING CENTER (TMPC).
INTEGRATED SURVEILLANCE SYSTEM ...............
Deployable Surveillance System, Deep Water Active
SHIP-TOWED ARRAY SURVEILLANCE SYSTEMS
AMPHIBIOUS TACTICAL SUPPORT UNITS (DISPLACEMENT CRAFT).
GROUND/AIR TASK ORIENTED RADAR (G/ATOR)
CONSOLIDATED TRAINING SYSTEMS DEVELOPMENT.
ELECTRONIC WARFARE (EW) READINESS SUPPORT.
ANTI-RADIATION MISSILE IMPROVEMENT ........
SURFACE ASW COMBAT SYSTEM INTEGRATION.
MK–48 ADCAP ..............................................................
AVIATION IMPROVEMENTS ....................................
OPERATIONAL NUCLEAR POWER SYSTEMS ......
MARINE CORPS COMMUNICATIONS SYSTEMS ..
COMMON AVIATION COMMAND AND CONTROL
SYSTEM (CAC2S).
MARINE
CORPS
GROUND
COMBAT/SUPPORTING ARMS SYSTEMS.
MARINE CORPS COMBAT SERVICES SUPPORT ..
USMC INTELLIGENCE/ELECTRONIC WARFARE
SYSTEMS (MIP).
AMPHIBIOUS ASSAULT VEHICLE ..........................
TACTICAL AIM MISSILES .........................................
ADVANCED MEDIUM RANGE AIR-TO-AIR MISSILE (AMRAAM).
PLANNING AND DECISION AID SYSTEM (PDAS)
AFLOAT NETWORKS ..................................................
INFORMATION SYSTEMS SECURITY PROGRAM
MILITARY INTELLIGENCE PROGRAM (MIP) ACTIVITIES.
TACTICAL UNMANNED AERIAL VEHICLES ........
UAS INTEGRATION AND INTEROPERABILITY ...
DISTRIBUTED COMMON GROUND/SURFACE
SYSTEMS.
MQ–4C TRITON ...........................................................
MQ–8 UAV ....................................................................
Costs associated with restoring 5 LCS ........................
RQ–11 UAV ...................................................................
SMALL (LEVEL 0) TACTICAL UAS (STUASL0) ......
MULTI-INTELLIGENCE
SENSOR
DEVELOPMENT.
UNMANNED AERIAL SYSTEMS (UAS) PAYLOADS (MIP).
CYBERSPACE OPERATIONS FORCES AND
FORCE SUPPORT.
RQ–4 MODERNIZATION ............................................
INTELLIGENCE MISSION DATA (IMD) ..................
MODELING AND SIMULATION SUPPORT ............

FY 2023
Request

Conference
Authorized

156,121

156,121

284,502

304,502

50,939
81,237

[20,000]
50,939
86,237

49,424
238,974

12,197
132,719
68,417

[5,000]
49,424
235,860
[–7,114]
[4,000]
12,197
132,719

1,188
1,789

82,917
[14,500]
1,188
1,789

61,422
70,339

61,422
70,339

47,436

47,436

90,779
28,999

90,779
28,999

155,868
130,450
121,439
114,305
14,865

155,868
130,450
121,439
114,305
14,865

100,536

100,536

26,522
51,976

26,522
51,976

8,246
29,236
30,898

8,246
29,236
30,898

3,609
45,693
33,752
8,415

3,609
45,693
33,752
8,415

10,576
18,373
45,705

10,576
18,373
45,705

13,893

1,234
3,761
56,261

13,893
13,100
[13,100]
1,234
3,761
56,261

9,780

9,780

36,505

36,505

163,277
851
9,437

163,277
851
9,437

H. R. 7776—744
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
(In Thousands of Dollars)
Line
253
254
9999

Program
Element
0702207N
0708730N
9999999999

256

0608013N

257

0608231N

999

99999999

Item
DEPOT MAINTENANCE (NON-IF) ...........................
MARITIME TECHNOLOGY (MARITECH) ................
CLASSIFIED PROGRAMS ..........................................
SUBTOTAL OPERATIONAL SYSTEMS DEVELOPMENT.
SOFTWARE AND DIGITAL TECHNOLOGY
PILOT PROGRAMS
RISK MANAGEMENT INFORMATION—SOFTWARE PILOT PROGRAM.
MARITIME TACTICAL COMMAND AND CONTROL (MTC2)—SOFTWARE PILOT PROGRAM.
SUBTOTAL SOFTWARE AND DIGITAL TECHNOLOGY PILOT PROGRAMS.

0601102F

002

0601103F

004

0602020F

005

0602102F

006

0602201F

007

0602202F

008
009

0602203F
0602204F

011

0602298F

012

0602602F

013

0602605F

014

0602788F

RESEARCH, DEVELOPMENT, TEST & EVAL,
AF
BASIC RESEARCH
DEFENSE RESEARCH SCIENCES ...........................
Program increase ..........................................................
UNIVERSITY RESEARCH INITIATIVES .................
CPF—Aeromedical Research Center ...........................
CPF—GHz-THz Antenna Systems for Massive Data
Transmissions in Real-Time.
SUBTOTAL BASIC RESEARCH .............................
APPLIED RESEARCH
FUTURE AF CAPABILITIES APPLIED RESEARCH.
Transformational capability incubator unjustified
growth.
MATERIALS ..................................................................
High energy synchotron X-ray research ......................
Thermal protection for hypersonic vehicles ................
AEROSPACE VEHICLE TECHNOLOGIES ...............
Aeromechanics and integration ...................................
HUMAN EFFECTIVENESS APPLIED RESEARCH
Digital engineering and prototype capability .............
Program increase ..........................................................
AEROSPACE PROPULSION .......................................
AEROSPACE SENSORS ..............................................
Program increase ..........................................................
SCIENCE AND TECHNOLOGY MANAGEMENT—
MAJOR HEADQUARTERS ACTIVITIES.
CONVENTIONAL MUNITIONS .................................
Advanced hypersonic propulsion ..................................
Convergence Lab Center activities ..............................
DIRECTED ENERGY TECHNOLOGY .......................
Realignment of funds ....................................................
DOMINANT INFORMATION SCIENCES AND
METHODS.
AI for networks .............................................................
Internet of Things Laboratory .....................................
Program increase ..........................................................
Quantum testbed ...........................................................
Trapped ion quantum computer ..................................
UAS traffic management ..............................................
SUBTOTAL APPLIED RESEARCH .......................

Conference
Authorized

26,248
2,133
1,701,811
5,483,386

26,248
2,133
1,701,811
5,532,872

12,810

12,810

11,198

11,198

24,008

24,008

UNDISTRIBUTED
UNDISTRIBUTED ........................................................
Inflation effects ..............................................................
SUBTOTAL UNDISTRIBUTED ...............................
TOTAL RESEARCH, DEVELOPMENT, TEST &
EVAL, NAVY.

001

FY 2023
Request

409,201
[409,201]
409,201
24,078,718

375,325

25,419,350

171,192

450,397
[75,072]
177,542
[2,350]
[4,000]

546,517

627,939

88,672

84,282
[–4,390]

134,795

159,453
135,771

172,861
192,733
8,856
137,303

149,795
[5,000]
[10,000]
169,453
[10,000]
150,771
[10,000]
[5,000]
172,861
197,733
[5,000]
8,856

166,041

147,303
[5,000]
[5,000]
100,947
[–8,355]
226,041

1,305,787

[5,000]
[5,000]
[10,000]
[10,000]
[20,000]
[10,000]
1,408,042

109,302

H. R. 7776—745
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
(In Thousands of Dollars)
Line

016

Program
Element

0603032F

017

0603112F

018

0603199F

019
020

0603203F
0603211F

021

0603216F

022
023

0603270F
0603273F

026

0603456F

027
028

0603601F
0603605F

029

0603680F

030

0603788F

031
032
033
034
035

0603036F
0603260F
0603742F
0603790F
0603851F

036
038

0604001F
0604003F

039
040

0604004F
0604006F

041

0604015F

042
043

0604032F
0604033F

044

0604183F

045
046
047
048
049

0604201F
0604257F
0604288F
0604317F
0604327F

Item
ADVANCED TECHNOLOGY DEVELOPMENT
FUTURE
AF
INTEGRATED
TECHNOLOGY
DEMOS.
Automated geospatial intelligence detection algorithm.
Program reduction ........................................................
ADVANCED MATERIALS FOR WEAPON SYSTEMS.
Metals Affordability Initiative .....................................
SUSTAINMENT SCIENCE AND TECHNOLOGY
(S&T).
ADVANCED AEROSPACE SENSORS .......................
AEROSPACE TECHNOLOGY DEV/DEMO ...............
Program increase ..........................................................
Technical realignment ..................................................
Unmanned semi-autonomous adversary aircraft .......
AEROSPACE PROPULSION AND POWER TECHNOLOGY.
Program increase ..........................................................
Realignment of funds ....................................................
ELECTRONIC COMBAT TECHNOLOGY .................
SCIENCE & TECHNOLOGY FOR NUCLEAR REENTRY SYSTEMS.
HUMAN EFFECTIVENESS ADVANCED TECHNOLOGY DEVELOPMENT.
CONVENTIONAL WEAPONS TECHNOLOGY ........
ADVANCED WEAPONS TECHNOLOGY ..................
Transformational technology development unjustified request.
MANUFACTURING TECHNOLOGY PROGRAM .....
Agile Factory Floor for Depot Sustainment ................
CPF—Additive Manufacturing and Ultra-High Performance Concrete.
BATTLESPACE KNOWLEDGE DEVELOPMENT
AND DEMONSTRATION.
SUBTOTAL ADVANCED TECHNOLOGY DEVELOPMENT.
ADVANCED COMPONENT DEVELOPMENT &
PROTOTYPES
MODULAR ADVANCED MISSILE .............................
INTELLIGENCE ADVANCED DEVELOPMENT .....
COMBAT IDENTIFICATION TECHNOLOGY ..........
NATO RESEARCH AND DEVELOPMENT ...............
INTERCONTINENTAL BALLISTIC MISSILE—
DEM/VAL.
NC3 ADVANCED CONCEPTS ....................................
ADVANCED BATTLE MANAGEMENT SYSTEM
(ABMS).
ADVANCED ENGINE DEVELOPMENT ...................
DEPT OF THE AIR FORCE TECH ARCHITECTURE.
Program growth ............................................................
LONG RANGE STRIKE—BOMBER ...........................
Excess to need ...............................................................
DIRECTED ENERGY PROTOTYPING ......................
HYPERSONICS PROTOTYPING ................................
Technical realignment ..................................................
HYPERSONICS
PROTOTYPING—HYPERSONIC
ATTACK CRUISE MISSILE (HACM).
Technical realignment ..................................................
PNT RESILIENCY, MODS, AND IMPROVEMENTS
ADVANCED TECHNOLOGY AND SENSORS ..........
SURVIVABLE AIRBORNE OPERATIONS CENTER
TECHNOLOGY TRANSFER .......................................
HARD AND DEEPLY BURIED TARGET DEFEAT
SYSTEM (HDBTDS) PROGRAM.

FY 2023
Request

152,559

Conference
Authorized

107,559
[5,000]

29,116

[–50,000]
39,116

10,695

[10,000]
10,695

36,997
54,727

64,254

36,997
76,220
[20,000]
[–8,507]
[10,000]
82,761

33,380
39,431

[10,000]
[8,507]
33,380
39,431

20,652

20,652

187,374
98,503

187,374
93,289
[–5,214]

47,759

57,059
[5,300]
[4,000]

51,824

51,824

827,271

836,357

125,688
6,101
17,318
4,295
46,432

125,688
6,101
17,318
4,295
46,432

5,098
231,408

5,098
231,408

353,658
66,615

353,658
50,000

144,891

[–16,615]
3,143,584
[–110,000]
4,269
161,547
[–270,321]
461,778

12,010
13,311
203,213
16,759
106,826

[316,887]
12,010
13,311
203,213
16,759
141,826

3,253,584
4,269
431,868

H. R. 7776—746
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
(In Thousands of Dollars)
Line

Program
Element

050

0604414F

051

0604668F

052

0604776F

053

0604858F

054

0604860F

055

0605230F

056
057
058
059

0207110F
0207179F
0207420F
0207455F

060

0207522F

061
064

0208030F
0305236F

065
066

0305601F
0306250F

067
070
071

0306415F
0808737F
0901410F

072

1206415F

073

0604200F

074
075
076
077
078
079
080
081
083
084
086
087
088
089
090
091
092
094

0604201F
0604222F
0604270F
0604281F
0604287F
0604602F
0604604F
0604617F
0604706F
0604735F
0604932F
0604933F
0605030F
0605056F
0605223F
0605229F
0605238F
0207171F

Item
CENTCOM UFR—HDBTDS program .........................
CYBER RESILIENCY OF WEAPON SYSTEMS-ACS
Program increase ..........................................................
JOINT TRANSPORTATION MANAGEMENT SYSTEM (JTMS).
Product development ahead of need ............................
DEPLOYMENT & DISTRIBUTION ENTERPRISE
R&D.
TECH TRANSITION PROGRAM ................................
Hybrid autonomous maritime expeditionary logistics
Program increase ..........................................................
Technical realignment ..................................................
OPERATIONAL ENERGY AND INSTALLATION
RESILIENCE.
Technical realignment ..................................................
GROUND BASED STRATEGIC DETERRENT .........
ICBM transition readiness modeling and simulation
NEXT GENERATION AIR DOMINANCE .................
AUTONOMOUS COLLABORATIVE PLATFORMS ..
COMBAT IDENTIFICATION ......................................
THREE DIMENSIONAL LONG-RANGE RADAR
(3DELRR).
AIRBASE AIR DEFENSE SYSTEMS (ABADS) .........
Program decrease ..........................................................
WAR RESERVE MATERIEL—AMMUNITION .........
COMMON DATA LINK EXECUTIVE AGENT (CDL
EA).
MISSION PARTNER ENVIRONMENTS ...................
CYBER OPERATIONS TECHNOLOGY SUPPORT ..
AI systems and applications for CYBERCOM ............
CYBERCOM UFR—Cyber mission force operational
support.
CYBERCOM UFR—Joint cyberspace warfighting architecture.
Hunt forward operations ..............................................
ENABLED CYBER ACTIVITIES ................................
CVV INTEGRATED PREVENTION ...........................
CONTRACTING INFORMATION TECHNOLOGY
SYSTEM.
U.S. SPACE COMMAND RESEARCH AND DEVELOPMENT SUPPORT.
SUBTOTAL ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES.
SYSTEM DEVELOPMENT & DEMONSTRATION
FUTURE ADVANCED WEAPON ANALYSIS &
PROGRAMS.
PNT RESILIENCY, MODS, AND IMPROVEMENTS
NUCLEAR WEAPONS SUPPORT ..............................
ELECTRONIC WARFARE DEVELOPMENT ............
TACTICAL DATA NETWORKS ENTERPRISE ........
PHYSICAL SECURITY EQUIPMENT .......................
ARMAMENT/ORDNANCE DEVELOPMENT ............
SUBMUNITIONS ..........................................................
AGILE COMBAT SUPPORT .......................................
LIFE SUPPORT SYSTEMS .........................................
COMBAT TRAINING RANGES ..................................
LONG RANGE STANDOFF WEAPON ......................
ICBM FUZE MODERNIZATION ................................
JOINT TACTICAL NETWORK CENTER (JTNC) .....
OPEN ARCHITECTURE MANAGEMENT ................
ADVANCED PILOT TRAINING .................................
HH–60W ........................................................................
GROUND BASED STRATEGIC DETERRENT EMD
F–15 EPAWSS ...............................................................

FY 2023
Request

Conference
Authorized

51,758

[35,000]
69,526
[25,000]
27,758

27,586

[–24,000]
27,586

44,526

649,545

1,657,733
51,747
1,866
14,490
52,498
10,288
37,460
17,378
234,576

602,795
[2,000]
[9,250]
[–58,000]
15,500
[15,500]
3,000
[3,000]
1,657,733
51,747
1,866
14,490
48,498
[–4,000]
10,288
37,460
17,378
365,276
[50,000]
[31,000]
[20,900]

16,728
9,315
14,050

[28,800]
16,728
9,315
14,050

10,350

10,350

7,945,238

7,999,639

9,879

9,879

176,824
64,425
2,222
133,117
8,493
5,279
3,273
14,252
47,442
91,284
928,850
98,376
2,222
38,222
37,121
58,974
3,614,290
67,956

176,824
64,425
2,222
133,117
8,493
5,279
3,273
14,252
47,442
91,284
928,850
98,376
2,222
38,222
37,121
58,974
3,614,290
67,956

H. R. 7776—747
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
(In Thousands of Dollars)
Line

Program
Element

095

0207279F

096

0207328F

097

0207701F

102

0401221F

103

0401319F

104
105
107

0701212F
0804772F
1206442F

108
109

0604256F
0604759F

110
111

0605101F
0605502F

112
113

0605712F
0605807F

115

0605827F

116
117

0605828F
0605829F

118
119

0605830F
0605831F

120

0605832F

121

0605833F

122

0605898F

123

0605976F

124

0605978F

125
126
127

0606017F
0606398F
0303166F

128

0303255F

Item
ISOLATED PERSONNEL SURVIVABILITY AND
RECOVERY.
STAND IN ATTACK WEAPON ...................................
Program decrease ..........................................................
FULL COMBAT MISSION TRAINING ......................
Airborne Augemented Reality ......................................
KC–46A TANKER SQUADRONS ................................
PACS delays ..................................................................
VC–25B ..........................................................................
Program decrease ..........................................................
AUTOMATED TEST SYSTEMS ..................................
TRAINING DEVELOPMENTS ....................................
NEXT GENERATION OPIR ........................................
SUBTOTAL SYSTEM DEVELOPMENT & DEMONSTRATION.
MANAGEMENT SUPPORT
THREAT SIMULATOR DEVELOPMENT ..................
MAJOR T&E INVESTMENT .......................................
Air
Force
UFR—Gulf
instrumentation
for
hypersonics testing.
Air Force UFR—Quick reaction test capability for
hypersonics testing.
Air Force UFR—VKF wind tunnel improvements for
hypersonics testing.
RAND PROJECT AIR FORCE ....................................
SMALL BUSINESS INNOVATION RESEARCH ......
Programming error .......................................................
INITIAL OPERATIONAL TEST & EVALUATION ...
TEST AND EVALUATION SUPPORT .......................
Air Force UFR—EDW/Eglin hypersonics testing .......
Air Force UFR—VKF wind tunnel throughput for
hypersonics testing.
ACQ WORKFORCE- GLOBAL VIG & COMBAT
SYS.
Technical realignment ..................................................
ACQ WORKFORCE- GLOBAL REACH .....................
ACQ WORKFORCE- CYBER, NETWORK, & BUS
SYS.
Technical realignment ..................................................
ACQ WORKFORCE- GLOBAL BATTLE MGMT .......
ACQ WORKFORCE- CAPABILITY INTEGRATION
Technical realignment ..................................................
ACQ WORKFORCE- ADVANCED PRGM TECHNOLOGY.
Technical realignment ..................................................
ACQ WORKFORCE- NUCLEAR SYSTEMS ..............
Technical realignment ..................................................
MANAGEMENT HQ—R&D .........................................
Technical realignment ..................................................
FACILITIES RESTORATION AND MODERNIZATION—TEST AND EVALUATION SUPPORT.
Air Force UFR—Quick reaction test capability for
hypersonics testing.
Air Force UFR—VKF wind tunnel improvements for
hypersonics testing.
FACILITIES SUSTAINMENT—TEST AND EVALUATION SUPPORT.
REQUIREMENTS ANALYSIS AND MATURATION
MANAGEMENT HQ—T&E .........................................
SUPPORT TO INFORMATION OPERATIONS (IO)
CAPABILITIES.
COMMAND, CONTROL, COMMUNICATION, AND
COMPUTERS (C4)—STRATCOM.
Establishment and initial operations of the NC3
Rapid Engineering Architecture Collaboration Hub
(REACH).

FY 2023
Request
27,881
283,152
3,028
197,510
492,932
16,664
15,138
148
6,438,954

21,067
44,714

Conference
Authorized
27,881
274,152
[–9,000]
12,528
[9,500]
188,810
[–8,700]
392,932
[–100,000]
16,664
15,138
148
6,330,754

21,067
171,314
[55,200]
[14,700]
[56,700]

37,921
86
13,926
826,854

37,921
0
[–86]
13,926
841,854
[10,000]
[5,000]

255,995

283,995

457,589
459,223

[28,000]
457,589
473,423

3,696
229,610
92,648

241,226
4,347
77,820

[14,200]
3,696
253,610
[24,000]
67,361
[–25,287]
236,382
[–4,844]
5,624
[1,277]
133,420
[7,500]
[48,100]

31,561

31,561

101,844
6,285
556

101,844
6,285
556

15,559

35,559
[20,000]

H. R. 7776—748
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
(In Thousands of Dollars)
Line

Program
Element

129
130
131
134

0308602F
0702806F
0804731F
1001004F

136

0604233F

138
139

0604617F
0604776F

140
141

0604840F
0605018F

142

0605024F

143

0605117F

144
145
147

0605278F
0606018F
0101113F

148
149

0101122F
0101126F

150
151
152

0101127F
0101213F
0101316F

153

0101324F

154
156
157

0101328F
0102110F
0102326F

158
159
160

0102412F
0102417F
0202834F

161
162

0205219F
0205671F

163

0207040F

164
165
166

0207131F
0207133F
0207134F

167
168
169
170
171
172

0207136F
0207138F
0207142F
0207146F
0207161F
0207163F

173
174
175
176
177

0207227F
0207247F
0207249F
0207253F
0207268F

178

0207325F

179

0207327F

Item
ENTEPRISE INFORMATION SERVICES (EIS) .......
ACQUISITION AND MANAGEMENT SUPPORT ....
GENERAL SKILL TRAINING ....................................
INTERNATIONAL ACTIVITIES .................................
SUBTOTAL MANAGEMENT SUPPORT ...............
OPERATIONAL SYSTEMS DEVELOPMENT
SPECIALIZED
UNDERGRADUATE
FLIGHT
TRAINING.
AGILE COMBAT SUPPORT .......................................
DEPLOYMENT & DISTRIBUTION ENTERPRISE
R&D.
F–35 C2D2 .....................................................................
AF INTEGRATED PERSONNEL AND PAY SYSTEM (AF-IPPS).
ANTI-TAMPER
TECHNOLOGY
EXECUTIVE
AGENCY.
FOREIGN MATERIEL ACQUISITION AND EXPLOITATION.
HC/MC–130 RECAP RDT&E .......................................
NC3 INTEGRATION ....................................................
B–52 SQUADRONS ......................................................
Program decrease ..........................................................
AIR-LAUNCHED CRUISE MISSILE (ALCM) ...........
B–1B SQUADRONS ......................................................
Hypersonic Integration Validation Testing .................
B–2 SQUADRONS ........................................................
MINUTEMAN SQUADRONS ......................................
WORLDWIDE JOINT STRATEGIC COMMUNICATIONS.
INTEGRATED STRATEGIC PLANNING & ANALYSIS NETWORK.
ICBM REENTRY VEHICLES ......................................
UH–1N REPLACEMENT PROGRAM ........................
REGION/SECTOR OPERATION CONTROL CENTER MODERNIZATION PROGRAM.
NORTH WARNING SYSTEM (NWS) .........................
OVER-THE-HORIZON BACKSCATTER RADAR ......
VEHICLES AND SUPPORT EQUIPMENT—GENERAL.
MQ–9 UAV ....................................................................
JOINT COUNTER RCIED ELECTRONIC WARFARE.
MULTI-PLATFORM
ELECTRONIC
WARFARE
EQUIPMENT.
A–10 SQUADRONS ......................................................
F–16 SQUADRONS ......................................................
F–15E SQUADRONS ....................................................
Digital color display delays ..........................................
OFP CD&I carryover ....................................................
MANNED DESTRUCTIVE SUPPRESSION ..............
F–22A SQUADRONS ....................................................
F–35 SQUADRONS ......................................................
F–15EX ..........................................................................
TACTICAL AIM MISSILES .........................................
ADVANCED MEDIUM RANGE AIR-TO-AIR MISSILE (AMRAAM).
COMBAT RESCUE—PARARESCUE .........................
AF TENCAP ..................................................................
PRECISION ATTACK SYSTEMS PROCUREMENT
COMPASS CALL ..........................................................
AIRCRAFT ENGINE COMPONENT IMPROVEMENT PROGRAM.
JOINT AIR-TO-SURFACE STANDOFF MISSILE
(JASSM).
INDOPACOM UFR—JASSM software update ...........
SMALL DIAMETER BOMB (SDB) .............................

FY 2023
Request

Conference
Authorized

83,231
24,306
871
2,593
3,033,528

83,231
24,306
871
2,593
3,287,988

18,037

18,037

8,199
156

8,199
156

1,014,708
37,901

1,014,708
37,901

50,066

50,066

80,338

80,338

47,994
23,559
770,313

47,994
23,559
734,807
[–35,506]
571
23,144
[10,000]
111,990
69,650
22,725

571
13,144
111,990
69,650
22,725
3,180

3,180

118,616
17,922
451

118,616
17,922
451

76,910
12,210
14,483

76,910
12,210
14,483

98,499
1,747

98,499
1,747

23,195

23,195

72,393
244,696
213,272

16,695
559,709
70,730
83,830
34,536
52,704

72,393
244,696
200,139
[–1,843]
[–11,290]
16,695
559,709
70,730
83,830
34,536
52,704

863
23,309
12,722
49,054
116,087

863
23,309
12,722
49,054
116,087

117,198

129,198

27,713

[12,000]
27,713

H. R. 7776—749
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
(In Thousands of Dollars)
Line
181
182

Program
Element
0207412F
0207417F

183
185

0207418F
0207431F

186
187

0207438F
0207439F

188
189
190
192
193
194
195
197
198
199
200

0207444F
0207452F
0207521F
0207573F
0207590F
0207601F
0207605F
0207697F
0208006F
0208007F
0208064F

201
202

0208087F
0208088F

203
204
208
209
211
218

0208097F
0208099F
0208288F
0301025F
0301113F
0301401F

219

0302015F

220

0303131F

221
224
226

0303140F
0303260F
0304260F

227
230

0304310F
0305015F

231

0305020F

232

0305022F

233
234
235

0305099F
0305103F
0305111F

236

0305114F

237
240
241

0305116F
0305128F
0305146F

243
244
245

0305179F
0305202F
0305206F

246
247

0305207F
0305208F

Item
CONTROL AND REPORTING CENTER (CRC) ........
AIRBORNE WARNING AND CONTROL SYSTEM
(AWACS).
E–7 acceleration ............................................................
Early to need—communication network upgrade ......
AFSPECWAR—TACP ...................................................
COMBAT AIR INTELLIGENCE SYSTEM ACTIVITIES.
THEATER BATTLE MANAGEMENT (TBM) C4I .....
ELECTRONIC WARFARE INTEGRATED REPROGRAMMING (EWIR).
TACTICAL AIR CONTROL PARTY-MOD .................
DCAPES .........................................................................
AIR FORCE CALIBRATION PROGRAMS .................
NATIONAL TECHNICAL NUCLEAR FORENSICS
SEEK EAGLE ...............................................................
USAF MODELING AND SIMULATION ....................
WARGAMING AND SIMULATION CENTERS .........
DISTRIBUTED TRAINING AND EXERCISES .........
MISSION PLANNING SYSTEMS ...............................
TACTICAL DECEPTION .............................................
OPERATIONAL HQ—CYBER .....................................
Program increase—command and control of the information environment.
DISTRIBUTED CYBER WARFARE OPERATIONS
AF DEFENSIVE CYBERSPACE OPERATIONS .......
Programming error .......................................................
JOINT CYBER COMMAND AND CONTROL (JCC2)
UNIFIED PLATFORM (UP) ........................................
INTEL DATA APPLICATIONS ...................................
GEOBASE ......................................................................
CYBER SECURITY INTELLIGENCE SUPPORT .....
AIR FORCE SPACE AND CYBER NON-TRADITIONAL ISR FOR BATTLESPACE AWARENESS.
E–4B NATIONAL AIRBORNE OPERATIONS CENTER (NAOC).
MINIMUM ESSENTIAL EMERGENCY COMMUNICATIONS NETWORK (MEECN).
INFORMATION SYSTEMS SECURITY PROGRAM
JOINT MILITARY DECEPTION INITIATIVE ..........
AIRBORNE SIGINT ENTERPRISE ............................
Special Mission Airborne SIGINT Enterprise Technology.
COMMERCIAL ECONOMIC ANALYSIS ...................
C2 AIR OPERATIONS SUITE—C2 INFO SERVICES.
CCMD INTELLIGENCE INFORMATION TECHNOLOGY.
ISR MODERNIZATION & AUTOMATION DVMT
(IMAD).
GLOBAL AIR TRAFFIC MANAGEMENT (GATM) ...
CYBER SECURITY INITIATIVE ................................
WEATHER SERVICE ...................................................
Commercial weather data pilot ....................................
AIR TRAFFIC CONTROL, APPROACH, AND
LANDING SYSTEM (ATCALS).
AERIAL TARGETS .......................................................
SECURITY AND INVESTIGATIVE ACTIVITIES .....
DEFENSE JOINT COUNTERINTELLIGENCE ACTIVITIES.
INTEGRATED BROADCAST SERVICE (IBS) ..........
DRAGON U–2 ...............................................................
AIRBORNE RECONNAISSANCE SYSTEMS ............
Wide Area Motion Imagery ..........................................
MANNED RECONNAISSANCE SYSTEMS ...............
DISTRIBUTED COMMON GROUND/SURFACE
SYSTEMS.

FY 2023
Request

Conference
Authorized

6,615
239,658

6,615
539,658

5,982
23,504

[301,000]
[–1,000]
5,982
23,504

5,851
15,990

5,851
15,990

10,315
8,049
2,123
2,039
32,853
19,341
7,004
4,628
99,214
17,074
2,347

10,315
8,049
2,123
2,039
32,853
19,341
7,004
4,628
99,214
17,074
5,347
[3,000]

76,592
8,367
80,740
107,548
1,065
2,928
8,972
3,069

76,592
0
[–8,367]
80,740
107,548
1,065
2,928
8,972
3,069

25,701

25,701

41,171

41,171

70,582
2,588
108,528

70,582
2,588
115,528
[7,000]

4,542
8,097

4,542
8,097

1,751

1,751

13,138

13,138

4,895
91
11,716
8,511

4,895
91
21,716
[10,000]
8,511

1,365
223
8,328

1,365
223
8,328

22,123
20,170
55,048

22,123
20,170
60,048
[5,000]
14,590
26,901

14,590
26,901

H. R. 7776—750
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
(In Thousands of Dollars)
Line

Program
Element

248
249

0305220F
0305221F

250
251
252

0305238F
0305240F
0305600F

253
254

0305881F
0305984F

255
256
257

0307577F
0401115F
0401119F

258

0401130F

259

0401132F

260

0401134F

261
262
263
264

0401218F
0401318F
0408011F
0708055F

265

0708610F

267
269
270
271
272
273

0804743F
0901202F
0901218F
0901220F
0901226F
0901538F

276
9999

1202140F
9999999999

278

0608158F

279

0608410F

280

0608920F

281

0208087F

282

0308605F

283

0308606F

284

0308607F

285

0308608F

Item
RQ–4 UAV .....................................................................
NETWORK-CENTRIC COLLABORATIVE TARGETING.
NATO AGS ....................................................................
SUPPORT TO DCGS ENTERPRISE ..........................
INTERNATIONAL
INTELLIGENCE
TECHNOLOGY AND ARCHITECTURES.
RAPID CYBER ACQUISITION ...................................
PERSONNEL RECOVERY COMMAND & CTRL
(PRC2).
INTELLIGENCE MISSION DATA (IMD) ..................
C–130 AIRLIFT SQUADRON ......................................
C–5 AIRLIFT SQUADRONS (IF) ................................
RCMD delays .................................................................
C–17 AIRCRAFT (IF) ...................................................
IR Suppression ..............................................................
C–130J PROGRAM .......................................................
MILSATCOM modernization delays ............................
LARGE AIRCRAFT IR COUNTERMEASURES
(LAIRCM).
KC–135S ........................................................................
CV–22 .............................................................................
SPECIAL TACTICS / COMBAT CONTROL ...............
MAINTENANCE, REPAIR & OVERHAUL SYSTEM
CPF—Aviation Training Academy of the Future .......
LOGISTICS
INFORMATION
TECHNOLOGY
(LOGIT).
OTHER FLIGHT TRAINING ......................................
JOINT PERSONNEL RECOVERY AGENCY ............
CIVILIAN COMPENSATION PROGRAM ..................
PERSONNEL ADMINISTRATION .............................
AIR FORCE STUDIES AND ANALYSIS AGENCY ..
FINANCIAL MANAGEMENT INFORMATION SYSTEMS DEVELOPMENT.
SERVICE SUPPORT TO SPACECOM ACTIVITIES
CLASSIFIED PROGRAMS ..........................................
Electromagnetic spectrum technology for spectrum
sharing, EW protection, and offensive EW capabilities.
SUBTOTAL OPERATIONAL SYSTEMS DEVELOPMENT.
SOFTWARE AND DIGITAL TECHNOLOGY
PILOT PROGRAMS
STRATEGIC MISSION PLANNING AND EXECUTION SYSTEM—SOFTWARE PILOT PROGRAM.
AIR & SPACE OPERATIONS CENTER (AOC)—
SOFTWARE PILOT PROGRAM.
DEFENSE ENTERPRISE ACCOUNTING AND
MANAGEMENT
SYSTEM
(DEAMS)—SOFTWARE PILOT PRO.
DISTRIBUTED CYBER WARFARE OPERATIONS
Technical realignment ..................................................
AIR FORCE DEFENSIVE CYBER SYSTEMS
(AFDCS)—SOFTWARE PILOT PROGRAM.
Excess to need ...............................................................
ALL DOMAIN COMMON PLATFORM (ADCP)—
SOFTWARE PILOT PROGRAM.
Excess to need ...............................................................
AIR FORCE WEATHER PROGRAMS—SOFTWARE
PILOT PROGRAM.
Excess to need ...............................................................
ELECTRONIC WARFARE INTEGRATED REPROGRAMMING (EWIR)—SOFTWARE PILOT
PROGRAM.
Excess to need ...............................................................

FY 2023
Request

Conference
Authorized

68,801
17,564

68,801
17,564

826
28,774
15,036

826
28,774
15,036

3,739
2,702

3,739
2,702

6,332
407
6,100

6,332
407
3,100
[–3,000]
30,387
[5,000]
10,060
[–1,000]
2,909

25,387
11,060
2,909
12,955
10,121
6,297
19,892
5,271

12,955
10,121
6,297
23,892
[4,000]
5,271

2,214
2,164
4,098
3,191
899
5,421

2,214
2,164
4,098
3,191
899
5,421

13,766
17,240,641

13,766
17,325,641
[85,000]

23,090,569

23,470,563

100,167

100,167

177,827

177,827

136,202

136,202

37,346
240,926

0
[–37,346]
228,880

190,112

[–12,046]
180,607

58,063

[–9,505]
55,160

5,794

[–2,903]
5,598

[–196]

H. R. 7776—751
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
(In Thousands of Dollars)
Line

Program
Element

Item
SUBTOTAL SOFTWARE AND DIGITAL TECHNOLOGY PILOT PROGRAMS.

999

99999999

003

004

1206601SF

1206310SF

1206616SF

005
006

0604002SF
1203164SF

007
008
010

1203622SF
1203710SF
1206410SF

012
013

1206425SF
1206427SF

014

1206438SF

016
017

1206730SF
1206760SF

018

1206761SF

019

1206855SF

020

1206857SF

021

1203269SF

022
023
024
025
026
027

1203940SF
1206421SF
1206422SF
1206425SF
1206431SF
1206432SF

946,437

UNDISTRIBUTED
UNDISTRIBUTED ........................................................
Inflation effects ..............................................................
SUBTOTAL UNDISTRIBUTED ...............................
TOTAL RESEARCH, DEVELOPMENT, TEST &
EVAL, AF.

002

FY 2023
Request

RDTE, SPACE FORCE
APPLIED RESEARCH
SPACE TECHNOLOGY ...............................................
Advanced Analog Microelectronics ..............................
Technical realignment ..................................................
University Consortia for Space Technology ................
SUBTOTAL APPLIED RESEARCH .......................
ADVANCED TECHNOLOGY DEVELOPMENT
SPACE SCIENCE AND TECHNOLOGY RESEARCH AND DEVELOPMENT.
Defense in depth as mission assurance for spacecraft
Program increase ..........................................................
SPACE ADVANCED TECHNOLOGY DEVELOPMENT/DEMO.
Reduce follow-on tranches ............................................
Technical realignment ..................................................
SUBTOTAL ADVANCED TECHNOLOGY DEVELOPMENT.
ADVANCED COMPONENT DEVELOPMENT &
PROTOTYPES
SPACE FORCE WEATHER SERVICES RESEARCH
NAVSTAR GLOBAL POSITIONING SYSTEM
(USER EQUIPMENT) (SPACE).
SPACE WARFIGHTING ANALYSIS ..........................
EO/IR WEATHER SYSTEMS ......................................
SPACE TECHNOLOGY DEVELOPMENT AND
PROTOTYPING.
SPACE SITUATION AWARENESS SYSTEMS .........
SPACE SYSTEMS PROTOTYPE TRANSITIONS
(SSPT).
SPACE CONTROL TECHNOLOGY ............................
Program increase ..........................................................
SPACE SECURITY AND DEFENSE PROGRAM ......
PROTECTED TACTICAL ENTERPRISE SERVICE
(PTES).
Unjustified increase ......................................................
PROTECTED TACTICAL SERVICE (PTS) ................
Unjustified increase ......................................................
EVOLVED STRATEGIC SATCOM (ESS) ...................
Unjustified increase ......................................................
SPACE RAPID CAPABILITIES OFFICE ...................
SUBTOTAL ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES.
SYSTEM DEVELOPMENT & DEMONSTRATION
GPS III FOLLOW-ON (GPS IIIF) ...............................
Unjustified increase—GPS IIIF ...................................
SPACE SITUATION AWARENESS OPERATIONS ..
COUNTERSPACE SYSTEMS ......................................
WEATHER SYSTEM FOLLOW-ON ...........................
SPACE SITUATION AWARENESS SYSTEMS .........
ADVANCED EHF MILSATCOM (SPACE) .................
POLAR MILSATCOM (SPACE) ...................................

Conference
Authorized
884,441

1,000,847
[1,000,847]
1,000,847
44,134,301

243,737

45,846,570

243,737

270,092
[3,000]
[8,355]
[15,000]
270,092

460,820

478,472

103,395

[10,000]
[7,652]
80,168

564,215

[–26,000]
[2,773]
558,640

816
382,594

816
382,594

44,791
96,519
986,822

44,791
96,519
986,822

230,621
106,252

230,621
106,252

57,953

59,953
[2,000]
59,169
111,169

59,169
121,069

294,828
565,597
45,427
2,992,458

325,927
49,628
21,848
48,870
105,140
11,701
67,465

[–9,900]
279,628
[–15,200]
542,097
[–23,500]
45,427
2,945,858

318,727
[–7,200]
49,628
21,848
48,870
105,140
11,701
67,465

H. R. 7776—752
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
(In Thousands of Dollars)
Line

Program
Element

028
029

1206433SF
1206440SF

030

1206442SF

031

1206443SF

032

1206444SF

033

1206445SF

034

1206446SF

035

1206447SF

036

1206448SF

037

1206853SF

039

1206116SF

040

1206392SF

041
042

1206398SF
1206616SF

043
044
045

1206759SF
1206860SF
1206862SF

046

1206864SF

048

1201017SF

049

1203001SF

050
051
052
053

1203040SF
1203109SF
1203110SF
1203165SF

054

1203173SF

055

1203174SF

056
057
058
059
060

1203182SF
1203265SF
1203330SF
1203620SF
1203873SF

061
062
063

1203906SF
1203913SF
1203940SF

Item
WIDEBAND GLOBAL SATCOM (SPACE) ................
NEXT-GEN OPIR—GROUND .....................................
Technical realignment ..................................................
NEXT GENERATION OPIR ........................................
Technical realignment ..................................................
NEXT-GEN OPIR—GEO ..............................................
Technical realignment ..................................................
NEXT-GEN OPIR—POLAR .........................................
Technical realignment ..................................................
COMMERCIAL SATCOM (COMSATCOM) INTEGRATION.
RESILIENT
MISSILE
WARNING
MISSILE
TRACKING—LOW EARTH ORBIT (LEO).
Technical realignment ..................................................
RESILIENT
MISSILE
WARNING
MISSILE
TRACKING—MEDIUM EARTH ORBIT (MEO).
Technical realignment ..................................................
RESILIENT
MISSILE
WARNING
MISSILE
TRACKING—INTEGRATED
GROUND
SEGMENT.
Technical realignment ..................................................
NATIONAL SECURITY SPACE LAUNCH PROGRAM (SPACE)—EMD.
Increase EMD for NSSL Phase 3 and beyond activities.
SUBTOTAL SYSTEM DEVELOPMENT & DEMONSTRATION.
SPACE TEST AND TRAINING RANGE DEVELOPMENT.
ACQ WORKFORCE—SPACE & MISSILE SYSTEMS.
SPACE & MISSILE SYSTEMS CENTER—MHA ......
SPACE ADVANCED TECHNOLOGY DEVELOPMENT/DEMO.
Technical realignment ..................................................
MAJOR T&E INVESTMENT—SPACE .......................
ROCKET SYSTEMS LAUNCH PROGRAM (SPACE)
TACTICALLY RESPONSIVE LAUNCH .....................
Continue Tactically Responsive Space ........................
SPACE TEST PROGRAM (STP) ..................................
SUBTOTAL MANAGEMENT SUPPORT ...............
OPERATIONAL SYSTEM DEVELOPMENT
GLOBAL SENSOR INTEGRATED ON NETWORK
(GSIN).
FAMILY OF ADVANCED BLOS TERMINALS
(FAB-T).
DCO-SPACE ..................................................................
NARROWBAND SATELLITE COMMUNICATIONS
SATELLITE CONTROL NETWORK (SPACE) ..........
NAVSTAR GLOBAL POSITIONING SYSTEM
(SPACE AND CONTROL SEGMENTS).
SPACE AND MISSILE TEST AND EVALUATION
CENTER.
SPACE INNOVATION, INTEGRATION AND
RAPID TECHNOLOGY DEVELOPMENT.
SPACELIFT RANGE SYSTEM (SPACE) ...................
GPS III SPACE SEGMENT .........................................
SPACE SUPERIORITY ISR .........................................
NATIONAL SPACE DEFENSE CENTER ..................
BALLISTIC MISSILE DEFENSE RADARS ...............
Upgrades for Perimeter Acquisition Radar Attack
Characterization System (PARCS).
NCMC—TW/AA SYSTEM ............................................
NUDET DETECTION SYSTEM (SPACE) ..................
SPACE SITUATION AWARENESS OPERATIONS ..

FY 2023
Request
48,438

3,479,459

23,513

Conference
Authorized
48,438
612,529
[612,529]
253,801
[–3,225,658]
1,713,933
[1,713,933]
899,196
[899,196]
23,513

499,840

525,637

139,131

[25,797]
303,930

390,596

[164,799]
0

124,103

[–390,596]
154,103
[30,000]

5,335,659

5,158,459

21,453

21,453

253,716

253,716

13,962
2,773

13,962
0

89,751
17,922

25,366
424,943

[–2,773]
89,751
17,922
100,000
[100,000]
25,366
522,170

5,321

5,321

128,243

128,243

28,162
165,892
42,199
2,062

28,162
165,892
42,199
2,062

4,157

4,157

38,103

38,103

11,658
1,626
29,128
2,856
18,615

11,658
1,626
29,128
2,856
21,615
[3,000]

7,274
80,429
80,903

7,274
80,429
80,903

H. R. 7776—753
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
(In Thousands of Dollars)
Line

Program
Element

064

1206423SF

068
9999

1206770SF
9999999999

070

999

1208248SF

99999999

Item
GLOBAL POSITIONING SYSTEM III—OPERATIONAL CONTROL SEGMENT.
ENTERPRISE GROUND SERVICES .........................
CLASSIFIED PROGRAMS ..........................................
INDOPACOM UFR—Operationalize near-term space
control.
Program adjustment .....................................................
SUBTOTAL OPERATIONAL SYSTEM DEVELOPMENT.
SOFTWARE & DIGITAL TECHNOLOGY PILOT
PROGRAMS
SPACE COMMAND & CONTROL—SOFTWARE
PILOT PROGRAM.
SUBTOTAL SOFTWARE & DIGITAL TECHNOLOGY PILOT PROGRAMS.

0601000BR
0601101E

003
004

0601108D8Z
0601110D8Z

005

0601117E

006

0601120D8Z

007

0601228D8Z

008

0601384BP

010
011

0602000D8Z
0602115E

012
014

0602128D8Z
0602230D8Z

015

0602234D8Z

359,720
123,601
4,973,358

6,103,307

RESEARCH, DEVELOPMENT, TEST & EVAL,
DW
BASIC RESEARCH
DTRA BASIC RESEARCH ...........................................
DEFENSE RESEARCH SCIENCES ...........................
AI for supply chain .......................................................
Math and computer science ..........................................
Program increase ..........................................................
HIGH ENERGY LASER RESEARCH INITIATIVES
BASIC RESEARCH INITIATIVES .............................
CPF—FIU/SOUTHCOM Security Research Hub /
Enhanced Domain Awareness (EDA) Initiative.
CPF—HBCU Training for the Future of Aerospace ..
Defense established program to stimulate competitive research (DEPSCoR).
BASIC OPERATIONAL MEDICAL RESEARCH
SCIENCE.
NATIONAL DEFENSE EDUCATION PROGRAM ....
CPF—Florida Memorial Avionics Smart Scholars .....
Program increase—Ronald V. Dellums Memorial
Fellowship.
SMART ...........................................................................
HISTORICALLY BLACK COLLEGES AND UNIVERSITIES/MINORITY INSTITUTIONS.
CPF—Augmenting Quantum Sensing Research,
Education and Training in DoD CoE at DSU.
CPF—Florida Memorial University Department of
Natural Sciences STEM Equipment.
Program increase ..........................................................
Program increase for STEM programs ........................
CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM.
SUBTOTAL BASIC RESEARCH .............................
APPLIED RESEARCH
JOINT MUNITIONS TECHNOLOGY ........................
BIOMEDICAL TECHNOLOGY ...................................
Next-Generation Combat Casualty Care ....................
PROMOTION AND PROTECTION STRATEGIES ...
DEFENSE TECHNOLOGY INNOVATION ................
Open radio access networks for next generation
wireless experimentation.
LINCOLN LABORATORY RESEARCH PROGRAM

Conference
Authorized
359,720
123,601
5,306,358
[308,000]
[25,000]
6,439,307

155,053

155,053

155,053

155,053

UNDISTRIBUTED
UNDISTRIBUTED ........................................................
Inflation effects ..............................................................
SUBTOTAL UNDISTRIBUTED ...............................
TOTAL RDTE, SPACE FORCE ...............................

001
002

FY 2023
Request

539,491
[539,491]
539,491
15,819,372

11,584
401,870

16,257
62,386

16,589,070

11,584
494,344
[3,000]
[5,000]
[84,474]
16,257
84,686
[1,300]
[1,000]
[20,000]

80,874

80,874

132,347

140,347
[1,000]
[5,000]

33,288

[2,000]
131,711
[1,111]
[600]

34,734

[66,712]
[30,000]
34,734

773,340

994,537

18,961
106,958

18,961
114,658
[7,700]
3,275
60,634
[40,000]

3,275
20,634

46,159

46,159

H. R. 7776—754
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
(In Thousands of Dollars)
Line

Program
Element

016

0602251D8Z

017

0602303E

018
019

0602383E
0602384BP

020

0602668D8Z

021

0602675D8Z

022

0602702E

023

0602715E

024
025

0602716E
0602718BR

026

0602751D8Z

027
028

0602890D8Z
1160401BB

029
030
031

0603000D8Z
0603121D8Z
0603122D8Z

032
034

0603133D8Z
0603160BR

035

0603176BR

036

0603176C

037

0603180C

038

0603183D8Z

039

0603225D8Z

040

0603286E

041
042
043

0603287E
0603288D8Z
0603289D8Z

Item
APPLIED RESEARCH FOR THE ADVANCEMENT
OF S&T PRIORITIES.
INFORMATION & COMMUNICATIONS TECHNOLOGY.
AI/autonomy to cybersecurity and cyberspace operations challenges.
National Security Commission on AI recommendations.
Underexplored systems for utility-scale quantum
computing.
BIOLOGICAL WARFARE DEFENSE ........................
CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM.
CYBER SECURITY RESEARCH ................................
Cyber consortium seedling funding .............................
Program increase—Pacific intelligence and innovation initiative.
SOCIAL SCIENCES FOR ENVIRONMENTAL SECURITY.
TACTICAL TECHNOLOGY .........................................
MAD-FIRES ...................................................................
Program reduction ........................................................
MATERIALS AND BIOLOGICAL TECHNOLOGY ...
Reduce growth ...............................................................
ReVector .........................................................................
ELECTRONICS TECHNOLOGY .................................
COUNTER WEAPONS OF MASS DESTRUCTION
APPLIED RESEARCH.
SOFTWARE ENGINEERING INSTITUTE (SEI) APPLIED RESEARCH.
HIGH ENERGY LASER RESEARCH .........................
SOF TECHNOLOGY DEVELOPMENT ......................
SUBTOTAL APPLIED RESEARCH .......................
ADVANCED TECHNOLOGY DEVELOPMENT
JOINT MUNITIONS ADVANCED TECHNOLOGY ..
SO/LIC ADVANCED DEVELOPMENT ......................
COMBATING TERRORISM TECHNOLOGY SUPPORT.
United States-Israel Cooperation to Counter Unmanned Aerial Systems.
VTOL Loitering Munition (ROC-X) .............................
FOREIGN COMPARATIVE TESTING .......................
COUNTER WEAPONS OF MASS DESTRUCTION
ADVANCED TECHNOLOGY DEVELOPMENT.
ADVANCED CONCEPTS AND PERFORMANCE
ASSESSMENT.
ADVANCED CONCEPTS AND PERFORMANCE
ASSESSMENT.
ADVANCED RESEARCH ............................................
Benzoxazine High-Mach System Thermal Protection
High Temperature Nickel Based Alloy research ........
Sounding Rocket Testbed Technology Maturation
Tests.
JOINT HYPERSONIC TECHNOLOGY DEVELOPMENT &TRANSITION.
Accelerate co-development of key partner programs
JOINT DOD-DOE MUNITIONS TECHNOLOGY
DEVELOPMENT.
ADVANCED AEROSPACE SYSTEMS .......................
GlideBreaker .................................................................
OpFires ..........................................................................
Tactical Boost Glide (TBG) ...........................................
SPACE PROGRAMS AND TECHNOLOGY ...............
ANALYTIC ASSESSMENTS .......................................
ADVANCED INNOVATIVE ANALYSIS AND CONCEPTS.

FY 2023
Request

Conference
Authorized

67,666

67,666

388,270

513,270
[30,000]
[75,000]
[20,000]

23,059
256,197

23,059
256,197

17,264

32,264
[10,000]
[5,000]

4,000

4,000

221,883

557,745
192,162

243,383
[35,000]
[–13,500]
342,776
[–12,500]
[2,300]
557,745
192,162

11,030

11,030

48,587
49,174
2,386,000

48,587
49,174
2,585,000

34,065
4,919
72,614

34,065
4,919
92,614

352,976

[15,000]

26,802
395,721

[5,000]
26,802
395,721

6,505

6,505

16,737

16,737

22,023

40,023
[4,000]
[4,000]
[10,000]

52,156

55,156

18,898

[3,000]
18,898

253,135

81,888
24,052
53,890

350,435
[20,000]
[42,300]
[35,000]
81,888
24,052
61,390

H. R. 7776—755
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
(In Thousands of Dollars)
Line

Program
Element

046

0603338D8Z

047

0603342D8Z

048

0603375D8Z

049

0603384BP

050
051
052

0603527D8Z
0603618D8Z
0603648D8Z

053

0603662D8Z

054

0603680D8Z

055

0603680S

056

0603712S

057

0603716D8Z

058

0603720S

059
060
061

0603727D8Z
0603739E
0603760E

062

0603766E

063
064

0603767E
0603769D8Z

Item
Emerging opportunities ................................................
DEFENSE MODERNIZATION AND PROTOTYPING.
DEFENSE INNOVATION UNIT (DIU) ......................
National Security Innovation Capital program increase.
Program increase ..........................................................
Small craft electric propulsion .....................................
TECHNOLOGY INNOVATION ...................................
Accelerating quantum applications .............................
Domestic Supply Chain for Microelectronics Critical
Element Production.
CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM—ADVANCED DEVELOPMENT.
Biological Defense Vaccines and Advanced Therapeutics.
Poor justification ...........................................................
RETRACT LARCH ........................................................
JOINT ELECTRONIC ADVANCED TECHNOLOGY
JOINT
CAPABILITY
TECHNOLOGY
DEMONSTRATIONS.
NETWORKED COMMUNICATIONS CAPABILITIES.
DEFENSE-WIDE MANUFACTURING SCIENCE
AND TECHNOLOGY PROGRAM.
Advanced textiles ..........................................................
Artificial intelligence for predictive maintenance ......
BioMADE .......................................................................
Biotechnology Manufacturing Institutes .....................
CPF—Future Nano and Micro-Fabrication - Advanced Materials Engineering Research Institute.
CPF—Manufacturing of Advanced Composites for
Hypersonics – Aided by Digital Engineering.
CPF—Scalable comprehensive workforce readiness
initiatives in bioindustrial manufacturing that
lead to regional bioeconomic transformation and
growth.
HPC-enabled advanced manufacturing .......................
Increase production capacity for hypersonics .............
Internet of things and operational technology asset
identification and management.
New bioproducts ............................................................
Robotics supply chain research ....................................
Silicon carbide matrix materials for hypersonics .......
Tools and methods to improve biomanufacturing ......
MANUFACTURING TECHNOLOGY PROGRAM .....
AI-based market research ............................................
GENERIC LOGISTICS R&D TECHNOLOGY DEMONSTRATIONS.
STRATEGIC ENVIRONMENTAL RESEARCH PROGRAM.
SERDP- PFAS remediation technologies ....................
MICROELECTRONICS TECHNOLOGY DEVELOPMENT AND SUPPORT.
JOINT WARFIGHTING PROGRAM ...........................
ADVANCED ELECTRONICS TECHNOLOGIES ......
COMMAND, CONTROL AND COMMUNICATIONS
SYSTEMS.
DARPA LogX advanced supply chain mapping ..........
NETWORK-CENTRIC WARFARE TECHNOLOGY ..
Assault Breaker II ........................................................
Classified program ........................................................
DARPA network-centric warfare technology ..............
Non-kinetic/cyber modeling and simulation ...............
SENSOR TECHNOLOGY ............................................
DISTRIBUTED LEARNING ADVANCED TECHNOLOGY DEVELOPMENT.

FY 2023
Request

141,561
42,925

Conference
Authorized
[7,500]
141,561
87,925
[15,000]

109,535

[25,000]
[5,000]
309,535
[100,000]
[100,000]

238,407

233,262
[5,000]

79,493
19,218
114,100

[–10,145]
79,493
19,218
114,100

3,168

3,168

256,142

743,142
[10,000]
[3,000]
[30,000]
[300,000]
[4,000]
[4,000]
[4,000]

[25,000]
[12,000]
[5,000]

13,663

[10,000]
[15,000]
[50,000]
[15,000]
49,166
[3,000]
13,663

58,411

63,411

139,833

[5,000]
139,833

2,411
250,917
305,050

2,411
250,917
315,050

46,166

678,562

314,502
201

[10,000]
853,562
[120,000]
[15,000]
[20,000]
[20,000]
314,502
201

H. R. 7776—756
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
(In Thousands of Dollars)
Line

Program
Element

065
066

0603781D8Z
0603924D8Z

067

0603941D8Z

068

0603950D8Z

069

0604055D8Z

072

1160402BB

074

0603161D8Z

075
076

0603600D8Z
0603851D8Z

077

0603881C

078

0603882C

079

0603884BP

080
081
082
083
084

0603884C
0603890C
0603891C
0603892C
0603896C

085

0603898C

086

0603904C

087
088
089
090
091

0603906C
0603907C
0603913C
0603914C
0603915C

092
093

0603923D8Z
0604011D8Z

094

0604016D8Z

095
096

0604102C
0604115C

097

0604124D8Z

099

0604181C

Item
SOFTWARE ENGINEERING INSTITUTE ................
HIGH ENERGY LASER ADVANCED TECHNOLOGY PROGRAM.
TEST & EVALUATION SCIENCE & TECHNOLOGY.
Program increase ..........................................................
NATIONAL SECURITY INNOVATION NETWORK
Mission acceleration centers ........................................
OPERATIONAL ENERGY CAPABILITY IMPROVEMENT.
Excess growth ................................................................
Program increase for tristructural-isotropic fuel ........
SOF ADVANCED TECHNOLOGY DEVELOPMENT
Next Generation ISR SOF Enhancement/ Technical
Support Systems.
SUBTOTAL ADVANCED TECHNOLOGY DEVELOPMENT.
ADVANCED COMPONENT DEVELOPMENT &
PROTOTYPES
NUCLEAR AND CONVENTIONAL PHYSICAL SECURITY EQUIPMENT RDT&E ADC&P.
WALKOFF .....................................................................
ENVIRONMENTAL SECURITY TECHNICAL CERTIFICATION PROGRAM.
ESTCP—PFAS Disposal ...............................................
ESTCP—PFAS free fire fighting turnout gear ...........
Sustainable Technology Evaluation and Demonstration program.
BALLISTIC MISSILE DEFENSE TERMINAL DEFENSE SEGMENT.
BALLISTIC MISSILE DEFENSE MIDCOURSE DEFENSE SEGMENT.
CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM—DEM/VAL.
Poor justification ...........................................................
BALLISTIC MISSILE DEFENSE SENSORS ............
BMD ENABLING PROGRAMS ...................................
SPECIAL PROGRAMS—MDA .....................................
AEGIS BMD ..................................................................
BALLISTIC MISSILE DEFENSE COMMAND AND
CONTROL, BATTLE MANAGEMENT AND
COMMUNICATI.
BALLISTIC
MISSILE
DEFENSE
JOINT
WARFIGHTER SUPPORT.
MISSILE DEFENSE INTEGRATION & OPERATIONS CENTER (MDIOC).
REGARDING TRENCH ...............................................
SEA BASED X-BAND RADAR (SBX) .........................
ISRAELI COOPERATIVE PROGRAMS .....................
BALLISTIC MISSILE DEFENSE TEST ....................
BALLISTIC MISSILE DEFENSE TARGETS ............
Advanced Reactive Target Simulation Development
Hypersonic Maneuvering Extended Range (HMER)
Target System.
COALITION WARFARE ..............................................
NEXT GENERATION INFORMATION COMMUNICATIONS TECHNOLOGY (5G).
5G experimentation, transition, and ORAN activities
DEPARTMENT OF DEFENSE CORROSION PROGRAM.
GUAM DEFENSE DEVELOPMENT ..........................
TECHNOLOGY MATURATION INITIATIVES .........
Diode-Pumped Alkali Laser (DPAL) development .....
CHIEF DIGITAL AND ARTIFICIAL INTELLIGENCE OFFICER (CDAO)—MIP.
HYPERSONIC DEFENSE ...........................................

FY 2023
Request

Conference
Authorized

13,417
111,149

13,417
111,149

315,090

350,090

22,028
180,170

118,877

[35,000]
42,028
[20,000]
179,290
[–10,880]
[10,000]
125,877
[7,000]

4,638,401

5,765,176

41,507

41,507

133,795
84,638

133,795
93,638
[5,000]
[1,000]
[3,000]

190,216

190,216

667,524

667,524

291,364

252,010

231,134
591,847
316,977
600,072
589,374

[–39,354]
231,134
591,847
316,977
600,072
589,374

50,269

50,269

49,367

49,367

12,146
164,668
300,000
367,824
559,513

12,146
164,668
300,000
367,824
619,513
[20,000]
[40,000]

11,154
249,591

11,154
329,591

3,166
397,936

[80,000]
3,166

33,950

397,936
7,000
[7,000]
33,950

225,477

517,977

H. R. 7776—757
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
(In Thousands of Dollars)
Line

100

Program
Element

0604250D8Z

101

0604294D8Z

102
103

0604331D8Z
0604341D8Z

104

0604400D8Z

105
106

0604551BR
0604555D8Z

108

0604682D8Z

109

0604826J

110
111

0604873C
0604874C

112

0604876C

113

0604878C

114
115
116

0604879C
0604880C
0604887C

117
118

0202057C
0300206R

120
123

0305103C
1206895C

276

0604795D8Z

124

0604123D8Z

125

0604161D8Z

127

0604384BP

128

0604771D8Z

129

0605000BR

130
131

0605013BL
0605021SE

Item
MDA UFR—Glide phase defense weapons systems ...
ADVANCED INNOVATIVE TECHNOLOGIES .........
Cost overestimation—mission support expenses ........
INDOPACOM
UFR—Sea
Urchin
powered
quickstrike mines.
INDOPACOM UFR—SIGINT upgrades ......................
Program increase ..........................................................
Program increase—pele mobile nuclear microreactor
TRUSTED & ASSURED MICROELECTRONICS .....
Program increase—radiation-hardened fully-depleted
silicon-on-insulator microelectronics.
Trusted & Assured Microelectronics ...........................
RAPID PROTOTYPING PROGRAM ...........................
DEFENSE INNOVATION UNIT (DIU) PROTOTYPING.
DEPARTMENT OF DEFENSE (DOD) UNMANNED
SYSTEM COMMON DEVELOPMENT.
CATAPULT ....................................................................
OPERATIONAL ENERGY CAPABILITY IMPROVEMENT—NON S&T.
WARGAMING AND SUPPORT FOR STRATEGIC
ANALYSIS (SSA).
JOINT C5 CAPABILITY DEVELOPMENT, INTEGRATION AND INTEROPERABILITY ASSESSMENTS.
Excess to need ...............................................................
JADC2 experimentation ...............................................
LONG RANGE DISCRIMINATION RADAR (LRDR)
IMPROVED HOMELAND DEFENSE INTERCEPTORS.
BALLISTIC MISSILE DEFENSE TERMINAL DEFENSE SEGMENT TEST.
AEGIS BMD TEST .......................................................
Excess growth ................................................................
BALLISTIC MISSILE DEFENSE SENSOR TEST ....
LAND-BASED SM–3 (LBSM3) ....................................
BALLISTIC MISSILE DEFENSE MIDCOURSE
SEGMENT TEST.
SAFETY PROGRAM MANAGEMENT .......................
ENTERPRISE INFORMATION TECHNOLOGY
SYSTEMS.
CYBER SECURITY INITIATIVE ................................
BALLISTIC MISSILE DEFENSE SYSTEM SPACE
PROGRAMS.
ACCELERATE PROCUREMENT AND FIELDING
OF INNOVATIVE TECHNOLOGIES (APFIT).
Realignment of funds ....................................................
SUBTOTAL ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES.
SYSTEM DEVELOPMENT & DEMONSTRATION
CHIEF DIGITAL AND ARTIFICIAL INTELLIGENCE OFFICER (CDAO)—DEM/VAL ACTIVITIES.
NUCLEAR AND CONVENTIONAL PHYSICAL SECURITY EQUIPMENT RDT&E SDD.
CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM—EMD.
Poor justification ...........................................................
JOINT TACTICAL INFORMATION DISTRIBUTION SYSTEM (JTIDS).
COUNTER WEAPONS OF MASS DESTRUCTION
SYSTEMS DEVELOPMENT.
INFORMATION TECHNOLOGY DEVELOPMENT
HOMELAND PERSONNEL SECURITY INITIATIVE.

FY 2023
Request

1,145,358

647,226

179,189
24,402

Conference
Authorized
[292,500]
1,182,622
[–49,236]
[30,000]
[9,500]
[40,000]
[7,000]
672,226
[20,000]
[5,000]
179,189
24,402

2,691

2,691

7,130
45,779

7,130
45,779

3,229

3,229

40,699

44,699

75,120
1,833,357

[–5,000]
[9,000]
75,120
1,833,357

69,762

69,762

182,776

175,619
[–7,157]
88,326
27,678
84,075

88,326
27,678
84,075
2,417
2,664

2,417
2,664

1,165
129,957

1,165
129,957
100,000

10,756,509

[100,000]
11,324,762

273,340

273,340

6,482

6,482

312,148

309,073

9,120

[–3,075]
9,120

14,403

14,403

1,244
6,191

1,244
6,191

H. R. 7776—758
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
(In Thousands of Dollars)
Line

Program
Element

132
133
136

0605022D8Z
0605027D8Z
0605080S

137

0605141BR

138

0605210D8Z

139
140

0605294D8Z
0605772D8Z

141

0305304D8Z

142

0305310D8Z

143
144

0603829J
0604774D8Z

145

0604875D8Z

146

0604940D8Z

147
148
149

0604942D8Z
0605001E
0605100D8Z

150

0605126J

152
153
154
155

0605142D8Z
0605151D8Z
0605161D8Z
0605170D8Z

156

0605200D8Z

157

0605384BP

158

0605502BP

165

0605790D8Z

166
167
168

0605797D8Z
0605798D8Z
0605801KA

169

0605803SE

170
171
172

0605804D8Z
0605898E
0605998KA

173
174
175

0606100D8Z
0606114D8Z
0606135D8Z

176

0606225D8Z

177

0606300D8Z

Item
DEFENSE EXPORTABILITY PROGRAM .................
OUSD(C) IT DEVELOPMENT INITIATIVES ...........
DEFENSE AGENCY INITIATIVES (DAI)—FINANCIAL SYSTEM.
MISSION ASSURANCE RISK MANAGEMENT
SYSTEM (MARMS).
DEFENSE-WIDE ELECTRONIC PROCUREMENT
CAPABILITIES.
TRUSTED & ASSURED MICROELECTRONICS .....
NUCLEAR COMMAND, CONTROL, & COMMUNICATIONS.
DOD ENTERPRISE ENERGY INFORMATION
MANAGEMENT (EEIM).
CWMD SYSTEMS: SYSTEM DEVELOPMENT AND
DEMONSTRATION.
SUBTOTAL SYSTEM DEVELOPMENT & DEMONSTRATION.
MANAGEMENT SUPPORT
JOINT CAPABILITY EXPERIMENTATION .............
DEFENSE READINESS REPORTING SYSTEM
(DRRS).
JOINT SYSTEMS ARCHITECTURE DEVELOPMENT.
CENTRAL TEST AND EVALUATION INVESTMENT DEVELOPMENT (CTEIP).
Program increase ..........................................................
ASSESSMENTS AND EVALUATIONS ......................
MISSION SUPPORT ....................................................
JOINT MISSION ENVIRONMENT TEST CAPABILITY (JMETC).
Joint Mission Environment ..........................................
JOINT INTEGRATED AIR AND MISSILE DEFENSE ORGANIZATION (JIAMDO).
SYSTEMS ENGINEERING .........................................
STUDIES AND ANALYSIS SUPPORT—OSD ...........
NUCLEAR MATTERS-PHYSICAL SECURITY .........
SUPPORT TO NETWORKS AND INFORMATION
INTEGRATION.
GENERAL SUPPORT TO OUSD(INTELLIGENCE
AND SECURITY).
CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM.
SMALL BUSINESS INNOVATIVE RESEARCH—
CHEMICAL BIOLOGICAL DEF.
Operational Rapid Multi-Pathogen Diagnostic Tool ..
SMALL BUSINESS INNOVATION RESEARCH
(SBIR)/ SMALL BUSINESS TECHNOLOGY
TRANSFER.
MAINTAINING TECHNOLOGY ADVANTAGE ........
DEFENSE TECHNOLOGY ANALYSIS .....................
DEFENSE TECHNICAL INFORMATION CENTER
(DTIC).
R&D IN SUPPORT OF DOD ENLISTMENT, TESTING AND EVALUATION.
DEVELOPMENT TEST AND EVALUATION ...........
MANAGEMENT HQ—R&D .........................................
MANAGEMENT HQ—DEFENSE TECHNICAL INFORMATION CENTER (DTIC).
BUDGET AND PROGRAM ASSESSMENTS .............
ANALYSIS WORKING GROUP (AWG) SUPPORT ..
CHIEF DIGITAL AND ARTIFICIAL INTELLIGENCE OFFICER (CDAO) ACTIVITIES.
ODNA TECHNOLOGY AND RESOURCE ANALYSIS.
DEFENSE SCIENCE BOARD .....................................

FY 2023
Request

Conference
Authorized

10,145
5,938
23,171

10,145
5,938
23,171

14,093

14,093

6,949

6,949

302,963
3,758

302,963
3,758

8,121

8,121

16,048

16,048

1,014,114

1,011,039

12,452
8,902

12,452
8,902

6,610

6,610

819,358

1,094,358

4,607
86,869
126,079

[275,000]
4,607
86,869
151,079

53,278

[25,000]
53,278

39,009
5,716
15,379
9,449

39,009
5,716
15,379
9,449

6,112

6,112

124,475

124,475
5,100

3,820

[5,100]
3,820

35,414
56,114
63,184

35,414
56,114
63,184

23,757

23,757

26,652
14,636
3,518

26,652
14,636
3,518

15,244
4,700
13,132

15,244
4,700
13,132

3,323

3,323

2,532

2,532

H. R. 7776—759
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
(In Thousands of Dollars)
Line

Program
Element

179

0606771D8Z

180

0606853BR

181

0203345D8Z

182
183
189
191

0204571J
0208045K
0305172K
0305208K

192

0804768J

193

0808709SE

194
195
9999

0901598C
0903235K
9999999999

200

0607210D8Z

201

0607310D8Z

202

0607327T

203

0607384BP

209

0302019K

210
211

0303126K
0303131K

212
213

0303136G
0303140D8Z

214
215
216
217
221

0303140G
0303140K
0303150K
0303153K
0303430V

226

0305104D8Z

229
230
233

0305128V
0305133V
0305146V

234
237
238
240

0305172D8Z
0305186D8Z
0305199D8Z
0305208BB

246

0305245D8Z

Item
CYBER RESILIENCY AND CYBERSECURITY
POLICY.
MANAGEMENT,
TECHNICAL
&
INTERNATIONAL SUPPORT.
DEFENSE OPERATIONS SECURITY INITIATIVE
(DOSI).
JOINT STAFF ANALYTICAL SUPPORT ..................
C4I INTEROPERABILITY ...........................................
COMBINED ADVANCED APPLICATIONS ..............
DISTRIBUTED COMMON GROUND/SURFACE
SYSTEMS.
COCOM EXERCISE ENGAGEMENT AND TRAINING TRANSFORMATION (CE2T2)—NON-MHA.
DEFENSE EQUAL OPPORTUNITY MANAGEMENT INSTITUTE (DEOMI).
MANAGEMENT HQ—MDA ........................................
JOINT SERVICE PROVIDER (JSP) ...........................
CLASSIFIED PROGRAMS ..........................................
SUBTOTAL MANAGEMENT SUPPORT ...............
OPERATIONAL SYSTEMS DEVELOPMENT
INDUSTRIAL
BASE
ANALYSIS
AND
SUSTAINMENT SUPPORT.
Carbon/carbon industrial base enhancement ..............
CPF—Critical Non-Destructive Inspection and
Training for Key U.S. National Defense Interests
through College of the Canyons Advanced Technology Center.
CPF—Partnerships for Manufacturing Training Innovation.
Precision optics manufacturing ....................................
RF microelectronics supply chain ................................
CWMD SYSTEMS: OPERATIONAL SYSTEMS DEVELOPMENT.
GLOBAL THEATER SECURITY COOPERATION
MANAGEMENT INFORMATION SYSTEMS (GTSCMIS).
CHEMICAL AND BIOLOGICAL DEFENSE (OPERATIONAL SYSTEMS DEVELOPMENT).
DEFENSE INFO INFRASTRUCTURE ENGINEERING AND INTEGRATION.
LONG-HAUL COMMUNICATIONS—DCS ................
MINIMUM ESSENTIAL EMERGENCY COMMUNICATIONS NETWORK (MEECN).
KEY MANAGEMENT INFRASTRUCTURE (KMI) ...
INFORMATION SYSTEMS SECURITY PROGRAM
NSA CAE Cybersecurity Workforce pilot program ....
INFORMATION SYSTEMS SECURITY PROGRAM
INFORMATION SYSTEMS SECURITY PROGRAM
GLOBAL COMMAND AND CONTROL SYSTEM .....
DEFENSE SPECTRUM ORGANIZATION .................
FEDERAL INVESTIGATIVE SERVICES INFORMATION TECHNOLOGY.
DEFENSE INDUSTRIAL BASE (DIB) CYBER SECURITY INITIATIVE.
SECURITY AND INVESTIGATIVE ACTIVITIES .....
INDUSTRIAL SECURITY ACTIVITIES ....................
DEFENSE JOINT COUNTERINTELLIGENCE ACTIVITIES.
COMBINED ADVANCED APPLICATIONS ..............
POLICY R&D PROGRAMS ..........................................
NET CENTRICITY .......................................................
DISTRIBUTED COMMON GROUND/SURFACE
SYSTEMS.
INTELLIGENCE CAPABILITIES AND INNOVATION INVESTMENTS.

FY 2023
Request

Conference
Authorized

32,306

32,306

12,354

12,354

3,034

3,034

4,332
69,698
16,171
3,072

4,332
69,698
16,171
3,072

37,852

37,852

716

716

25,259
3,141
37,841
1,830,097

25,259
3,141
37,841
2,135,197

588,094

610,094
[3,000]
[2,000]

[4,000]

15,427

[5,000]
[8,000]
15,427

8,317

8,317

68,030

68,030

19,145

19,145

13,195
5,746

13,195
5,746

92,018
43,135
593,831
7,005
10,020
19,708
5,197

92,018
63,135
[20,000]
593,831
7,005
10,020
19,708
5,197

10,000

10,000

450
1,800
4,622

450
1,800
4,622

49,380
6,214
17,917
6,095

49,380
6,214
17,917
6,095

4,575

4,575

H. R. 7776—760
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
(In Thousands of Dollars)
Line

Program
Element

247

0305251K

248
249

0305327V
0305387D8Z

257
258
259

0708012K
0708012S
0708047S

261

1105219BB

263
264
265

1160403BB
1160405BB
1160408BB

266

1160431BB

267
268
269
270

1160432BB
1160434BB
1160480BB
1160483BB

272

1160490BB

273
9999

1203610K
9999999999

274

0608197V

275

0608648D8Z

276

0608775D8Z

277
282

0303150K
0308609V

9999

9999999999

999

99999999

Item
CYBERSPACE OPERATIONS FORCES AND
FORCE SUPPORT.
INSIDER THREAT .......................................................
HOMELAND DEFENSE TECHNOLOGY TRANSFER PROGRAM.
LOGISTICS SUPPORT ACTIVITIES .........................
PACIFIC DISASTER CENTERS .................................
DEFENSE PROPERTY ACCOUNTABILITY SYSTEM.
MQ–9 UAV ....................................................................
MQ–9 Mallett reprogramming .....................................
Speed Loader Agile POD ..............................................
AVIATION SYSTEMS ..................................................
INTELLIGENCE SYSTEMS DEVELOPMENT .........
OPERATIONAL ENHANCEMENTS ..........................
Artificial intelligence for Small Unit Maneuver
(AISUM).
CPF—Intercept, Collect, Analyze, and Disrupt
(ICAD) Application.
SOCOM UFR—Switchblade shipboard safety cert ....
WARRIOR SYSTEMS ...................................................
Counter Unmanned Systems (CUxS) Procurement
Acceleration.
Maritime Scalable Effects (MSE) Electronic Warfare
System Acceleration.
SOCOM UFR—Ground organic precision strike systems.
SPECIAL PROGRAMS .................................................
UNMANNED ISR .........................................................
SOF TACTICAL VEHICLES .......................................
MARITIME SYSTEMS .................................................
Dry Combat Submersible (DCS) Next Acceleration ...
OPERATIONAL
ENHANCEMENTS
INTELLIGENCE.
TELEPORT PROGRAM ...............................................
CLASSIFIED PROGRAMS ..........................................
SUBTOTAL OPERATIONAL SYSTEMS DEVELOPMENT.
SOFTWARE AND DIGITAL TECHNOLOGY
PILOT PROGRAMS
NATIONAL
BACKGROUND
INVESTIGATION
SERVICES—SOFTWARE PILOT PROGRAM.
ACQUISITION VISIBILITY—SOFTWARE PILOT
PROGRAM.
ACCELERATE THE PROCUREMENT AND FIELDING OF INNOVATIVE TECHNOLOGIES (APFIT).
Realignment of funds ....................................................
GLOBAL COMMAND AND CONTROL SYSTEM .....
NATIONAL INDUSTRIAL SECURITY SYSTEMS
(NISS)—SOFTWARE PILOT PROGRAM.
CLASSIFIED PROGRAMS ..........................................
SUBTOTAL SOFTWARE AND DIGITAL TECHNOLOGY PILOT PROGRAMS.

0605118OTE
0605131OTE

OPERATIONAL TEST & EVAL, DEFENSE
MANAGEMENT SUPPORT
OPERATIONAL TEST AND EVALUATION .............
LIVE FIRE TEST AND EVALUATION ......................

Conference
Authorized

2,497

2,497

9,403
1,864

9,403
1,864

1,620
1,875
3,264

1,620
1,875
3,264

14,000

179,499
75,136
142,900

29,840
[5,840]
[10,000]
179,499
75,136
168,810
[15,000]
[2,300]

129,133

[8,610]
146,860
[5,400]
[2,397]
[9,930]

518
3,354
13,594
82,645
7,583

518
3,354
13,594
112,645
[30,000]
7,583

1,270
7,854,604
10,114,680

1,270
7,854,604
10,246,157

132,524

132,524

17,123

17,123

100,000

0

34,987
14,749
265,028
564,411

UNDISTRIBUTED
UNDISTRIBUTED ........................................................
Inflation effects ..............................................................
SUBTOTAL UNDISTRIBUTED ...............................
TOTAL RESEARCH, DEVELOPMENT, TEST &
EVAL, DW.

001
002

FY 2023
Request

[–100,000]
34,987
14,749
265,028
464,411

849,931
[849,931]
849,931
32,077,552

35,376,210

119,529
99,947

119,529
99,947

H. R. 7776—761
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
(In Thousands of Dollars)
Line
003

999

Program
Element
0605814OTE

99999999

FY 2023
Request

Item
OPERATIONAL TEST ACTIVITIES AND ANALYSES.
SUBTOTAL MANAGEMENT SUPPORT ...............

Conference
Authorized

57,718

57,718

277,194

277,194

UNDISTRIBUTED
UNDISTRIBUTED ........................................................
Inflation effects ..............................................................
SUBTOTAL UNDISTRIBUTED ...............................

9,485
[9,485]
9,485

TOTAL OPERATIONAL TEST & EVAL, DEFENSE.

277,194

286,679

TOTAL RDT&E ...........................................................

130,097,410

138,862,616

TITLE XLIII—OPERATION AND
MAINTENANCE
SEC. 4301. OPERATION AND MAINTENANCE.
SEC. 4301. OPERATION AND MAINTENANCE
(In Thousands of Dollars)
Line

010
020
030
040

050
060
070

080
090
100
110

120

Item

OPERATION & MAINTENANCE, ARMY
OPERATING FORCES
MANEUVER UNITS .......................................................
Program decrease .....................................................
MODULAR SUPPORT BRIGADES ...............................
ECHELONS ABOVE BRIGADE ....................................
Unjustified growth ...................................................
THEATER LEVEL ASSETS ..........................................
Increase for Army Caisson platoon facility improvements ............................................................
Program decrease .....................................................
LAND FORCES OPERATIONS SUPPORT ..................
Program decrease .....................................................
AVIATION ASSETS ........................................................
Program decrease .....................................................
FORCE READINESS OPERATIONS SUPPORT .........
Army UFR—Arctic OCIE for Alaska bases, Fort
Drum, Fort Carson ...............................................
Army UFR—female/small stature body armor ......
Army UFR—initial issue of Extended Cold
Weather Clothing System Layer 1 and 2 ...........
Program decrease .....................................................
Service
Tactical
SIGINT
Upgrades—
INDOPACOM UPL ...............................................
LAND FORCES SYSTEMS READINESS .....................
LAND FORCES DEPOT MAINTENANCE ..................
MEDICAL READINESS .................................................
BASE OPERATIONS SUPPORT ...................................
Base Operating Support for AFFF Replacement,
mobile assets and Disposal ..................................
Program decrease .....................................................
FACILITIES SUSTAINMENT, RESTORATION &
MODERNIZATION .....................................................
Increase for Army Caisson platoon facility improvements ............................................................

FY 2023
Request

4,506,811
177,136
894,629
2,570,949

1,184,230
2,220,817
7,366,299

Conference
Authorized

4,376,811
[–130,000]
177,136
879,629
[–15,000]
2,569,449
[5,000]
[–6,500]
1,144,230
[–40,000]
2,185,817
[–35,000]
7,393,698
[32,500]
[32,500]
[8,999]
[–50,000]

483,683
1,399,173
897,522
9,330,325

[3,400]
483,683
1,399,173
897,522
9,286,325
[6,000]
[–50,000]

4,666,658

5,220,598
[15,000]

H. R. 7776—762
SEC. 4301. OPERATION AND MAINTENANCE
(In Thousands of Dollars)
Line

130

140
160
170

180
190
200
210
220
230

240
250
260

270
280
290
300
310
320
330
340
350
360
370
380
390

410
420
430
440
450
460
470
480
490

Item

Increase for FSRM to 100% ....................................
MANAGEMENT AND OPERATIONAL HEADQUARTERS ..................................................................
Program decrease .....................................................
ADDITIONAL ACTIVITIES ...........................................
RESET ..............................................................................
US AFRICA COMMAND ................................................
AFRICOM UFR—intelligence, surveillance, and
reconnaissance ......................................................
Program increase: USAFRICOM exercise site surveys ........................................................................
US EUROPEAN COMMAND ........................................
US SOUTHERN COMMAND ........................................
SOUTHCOM enhanced domain awareness ...........
US FORCES KOREA ......................................................
CYBERSPACE ACTIVITIES—CYBERSPACE OPERATIONS ........................................................................
CYBERSPACE ACTIVITIES—CYBERSECURITY ......
JOINT CYBER MISSION FORCES ..............................
SUBTOTAL OPERATING FORCES ..................
MOBILIZATION
STRATEGIC MOBILITY ................................................
INDOPACOM UFR—Theater campaigning ...........
ARMY PREPOSITIONED STOCKS ..............................
INDUSTRIAL PREPAREDNESS ..................................
SUBTOTAL MOBILIZATION .............................
TRAINING AND RECRUITING
OFFICER ACQUISITION ..............................................
RECRUIT TRAINING ....................................................
ONE STATION UNIT TRAINING ................................
SENIOR RESERVE OFFICERS TRAINING CORPS ..
SPECIALIZED SKILL TRAINING ................................
FLIGHT TRAINING .......................................................
PROFESSIONAL DEVELOPMENT EDUCATION .....
TRAINING SUPPORT ....................................................
Program decrease .....................................................
RECRUITING AND ADVERTISING ............................
EXAMINING ...................................................................
OFF-DUTY AND VOLUNTARY EDUCATION ............
CIVILIAN EDUCATION AND TRAINING ..................
JUNIOR RESERVE OFFICER TRAINING CORPS ....
SUBTOTAL TRAINING AND RECRUITING ..
ADMINISTRATION AND SERVICE-WIDE ACTIVITIES
SERVICEWIDE TRANSPORTATION ...........................
Program decrease .....................................................
CENTRAL SUPPLY ACTIVITIES .................................
LOGISTIC SUPPORT ACTIVITIES ..............................
Program decrease .....................................................
AMMUNITION MANAGEMENT ..................................
ADMINISTRATION ........................................................
SERVICEWIDE COMMUNICATIONS .........................
Program decrease .....................................................
MANPOWER MANAGEMENT ......................................
OTHER PERSONNEL SUPPORT .................................
OTHER SERVICE SUPPORT ........................................

FY 2023
Request

Conference
Authorized

[538,940]
284,483
450,348
383,360
385,685

274,983
[–9,500]
450,348
383,360
445,685
[50,000]

359,602
204,336
67,756
495,066
673,701
178,033
39,180,602

434,423
378,494
4,001
816,918

173,439
78,826
128,117
554,992
1,115,045
1,396,392
221,960
717,318
691,053
192,832
235,340
251,378
196,088
5,952,780

662,083
822,018
806,861
483,187
486,154
1,871,173
344,668
811,999
2,267,280

[10,000]
359,602
208,436
[4,100]
67,756
495,066
673,701
178,033
39,551,041

453,213
[18,790]
378,494
4,001
835,708

173,439
78,826
128,117
554,992
1,115,045
1,396,392
221,960
701,318
[–16,000]
691,053
192,832
235,340
251,378
196,088
5,936,780

655,083
[–7,000]
822,018
794,861
[–12,000]
483,187
486,154
1,856,173
[–15,000]
344,668
811,999
2,245,280

H. R. 7776—763
SEC. 4301. OPERATION AND MAINTENANCE
(In Thousands of Dollars)
Line

500
510
520
530
540
550
590A

600

Item

Program decrease .....................................................
ARMY CLAIMS ACTIVITIES ........................................
REAL ESTATE MANAGEMENT ..................................
FINANCIAL MANAGEMENT AND AUDIT READINESS ............................................................................
DEF ACQUISITION WORKFORCE DEVELOPMENT
ACCOUNT ....................................................................
INTERNATIONAL MILITARY HEADQUARTERS .....
MISC. SUPPORT OF OTHER NATIONS .....................
CLASSIFIED PROGRAMS .............................................
SUBTOTAL ADMINISTRATION AND SERVICE-WIDE ACTIVITIES ...................................

110
120
130

140
150
160
170
180

190

OPERATION & MAINTENANCE, ARMY RES
OPERATING FORCES
MODULAR SUPPORT BRIGADES ...............................
ECHELONS ABOVE BRIGADE ....................................
THEATER LEVEL ASSETS ..........................................
LAND FORCES OPERATIONS SUPPORT ..................
AVIATION ASSETS ........................................................
FORCE READINESS OPERATIONS SUPPORT .........
LAND FORCES SYSTEMS READINESS .....................
LAND FORCES DEPOT MAINTENANCE ..................
BASE OPERATIONS SUPPORT ...................................
FACILITIES SUSTAINMENT, RESTORATION &
MODERNIZATION .....................................................
Program increase .....................................................
MANAGEMENT AND OPERATIONAL HEADQUARTERS ..................................................................
CYBERSPACE ACTIVITIES—CYBERSPACE OPERATIONS ........................................................................
CYBERSPACE ACTIVITIES—CYBERSECURITY ......
SUBTOTAL OPERATING FORCES ..................
ADMINISTRATION AND SERVICE-WIDE ACTIVITIES
SERVICEWIDE TRANSPORTATION ...........................
ADMINISTRATION ........................................................
SERVICEWIDE COMMUNICATIONS .........................
MANPOWER MANAGEMENT ......................................
RECRUITING AND ADVERTISING ............................
SUBTOTAL ADMINISTRATION AND SERVICE-WIDE ACTIVITIES ...................................
UNDISTRIBUTED
UNDISTRIBUTED ..........................................................
Foreign currency fluctuations .................................
Historical unobligated balances ..............................
Inflation effects ........................................................

Conference
Authorized

191,912
288,942

[–22,000]
191,912
288,942

410,983

410,983

38,714
532,377
35,709
2,113,196

38,714
532,377
35,709
2,113,196

12,167,256

12,111,256

UNDISTRIBUTED
UNDISTRIBUTED ..........................................................
Foreign currency fluctuations .................................
Inflation effects ........................................................
Program decrease unaccounted for .........................
SUBTOTAL UNDISTRIBUTED ..........................
TOTAL OPERATION & MAINTENANCE,
ARMY ................................................................

010
020
030
040
050
060
070
080
090
100

FY 2023
Request

790,692
[–208,000]
[1,198,692]
[–200,000]
790,692

58,117,556

59,225,477

14,404
662,104
133,599
646,693
128,883
409,994
90,595
44,453
567,170

14,404
662,104
133,599
646,693
128,883
409,994
90,595
44,453
567,170

358,772

403,772
[45,000]

22,112

22,112

2,929
7,382
3,089,090

2,929
7,382
3,134,090

18,994
20,670
31,652
6,852
61,246

18,994
20,670
31,652
6,852
61,246

139,414

139,414

33,838
[–10,900]
[–18,000]
[62,738]

H. R. 7776—764
SEC. 4301. OPERATION AND MAINTENANCE
(In Thousands of Dollars)
Line

Item

FY 2023
Request

SUBTOTAL UNDISTRIBUTED ..........................
TOTAL OPERATION & MAINTENANCE,
ARMY RES .......................................................

010
020
030
040
050
060
070
080
090
100
110

120
130
140

150
160
170
180
190
200

210

OPERATION & MAINTENANCE, ARNG
OPERATING FORCES
MANEUVER UNITS .......................................................
Northern Strike ........................................................
MODULAR SUPPORT BRIGADES ...............................
ECHELONS ABOVE BRIGADE ....................................
THEATER LEVEL ASSETS ..........................................
LAND FORCES OPERATIONS SUPPORT ..................
AVIATION ASSETS ........................................................
Unjustified growth ...................................................
FORCE READINESS OPERATIONS SUPPORT .........
LAND FORCES SYSTEMS READINESS .....................
LAND FORCES DEPOT MAINTENANCE ..................
BASE OPERATIONS SUPPORT ...................................
FACILITIES SUSTAINMENT, RESTORATION &
MODERNIZATION .....................................................
Program increase .....................................................
MANAGEMENT AND OPERATIONAL HEADQUARTERS ..................................................................
CYBERSPACE ACTIVITIES—CYBERSPACE OPERATIONS ........................................................................
CYBERSPACE ACTIVITIES—CYBERSECURITY ......
SUBTOTAL OPERATING FORCES ..................
ADMINISTRATION AND SERVICE-WIDE ACTIVITIES
SERVICEWIDE TRANSPORTATION ...........................
ADMINISTRATION ........................................................
State Partnership Program .....................................
SERVICEWIDE COMMUNICATIONS .........................
MANPOWER MANAGEMENT ......................................
OTHER PERSONNEL SUPPORT .................................
REAL ESTATE MANAGEMENT ..................................
SUBTOTAL ADMINISTRATION AND SERVICE-WIDE ACTIVITIES ...................................

010
020

33,838

3,228,504

964,237
214,191
820,752
97,184
54,595
1,169,826
722,788
46,580
259,765
1,151,215

COUNTER ISIS TRAIN AND EQUIP FUND
(CTEF)
COUNTER ISIS TRAIN AND EQUIP FUND
(CTEF)
IRAQ .................................................................................
Unjustified request ..................................................
SYRIA ...............................................................................
Unjustified request ..................................................

3,307,342

975,737
[11,500]
214,191
820,752
97,184
54,595
1,160,826
[–9,000]
722,788
46,580
259,765
1,151,215

1,053,996

1,184,385
[130,389]

1,148,286

1,148,286

8,715
8,307
7,720,437

8,715
8,307
7,853,326

6,961
73,641
100,389
9,231
243,491
3,087

6,961
79,441
[5,800]
100,389
9,231
243,491
3,087

436,800

442,600

UNDISTRIBUTED
UNDISTRIBUTED ..........................................................
Foreign currency fluctuations .................................
Inflation effects ........................................................
Unobligated balances ...............................................
SUBTOTAL UNDISTRIBUTED ..........................
TOTAL OPERATION & MAINTENANCE,
ARNG ................................................................

Conference
Authorized

74,698
[–29,000]
[157,698]
[–54,000]
74,698

8,157,237

358,015
183,677

8,370,624

322,204
[–35,811]
165,309
[–18,368]

H. R. 7776—765
SEC. 4301. OPERATION AND MAINTENANCE
(In Thousands of Dollars)
Line

Item

SUBTOTAL COUNTER ISIS TRAIN AND
EQUIP FUND (CTEF) .......................................

030

020
030
040
050
060

070
080
090

100
110

120

130

140
150
160

541,692

UNDISTRIBUTED
UNDISTRIBUTED ..........................................................
Inflation effects ........................................................
SUBTOTAL UNDISTRIBUTED ..........................
TOTAL COUNTER ISIS TRAIN AND
EQUIP FUND (CTEF) ...................................

010

FY 2023
Request

OPERATION & MAINTENANCE, NAVY
OPERATING FORCES
MISSION AND OTHER FLIGHT OPERATIONS ........
Costs associated with restoring 5 LCS ...................
Program decrease .....................................................
FLEET AIR TRAINING .................................................
AVIATION TECHNICAL DATA & ENGINEERING
SERVICES ...................................................................
AIR OPERATIONS AND SAFETY SUPPORT .............
AIR SYSTEMS SUPPORT .............................................
AIRCRAFT DEPOT MAINTENANCE ..........................
Aircraft Depot Maintenance Events (Multiple
Type/Model/Series) ...............................................
Costs associated with restoring 5 LCS ...................
AIRCRAFT DEPOT OPERATIONS SUPPORT ............
AVIATION LOGISTICS ..................................................
Historical underexecution .......................................
MISSION AND OTHER SHIP OPERATIONS .............
Costs associated with restoring 5 LCS ...................
Navy UFR—ship maintenance in support of
INDOPACOM training and exercises .................
Restore USS Ashland ..............................................
Restore USS Germantown .......................................
Restore USS Gunston Hall ......................................
Restore USS Tortuga ...............................................
Unjustified growth ...................................................
SHIP OPERATIONS SUPPORT & TRAINING ...........
SHIP DEPOT MAINTENANCE ....................................
Costs associated with restoring 5 LCS ...................
Navy UFR—ship depot maintenance .....................
Restore USS Ashland ..............................................
Restore USS Germantown .......................................
Restore USS Gunston Hall ......................................
Restore USS Tortuga ...............................................
Restore USS Vicksburg ...........................................
SHIP DEPOT OPERATIONS SUPPORT ......................
Restore USS Ashland ..............................................
Restore USS Germantown .......................................
Restore USS Gunston Hall ......................................
Restore USS Tortuga ...............................................
Restore USS Vicksburg ...........................................
COMBAT COMMUNICATIONS AND ELECTRONIC
WARFARE ...................................................................
INDOPACOM UFR—SIGINT upgrades ................
SPACE SYSTEMS AND SURVEILLANCE ..................
WARFARE TACTICS ......................................................
OPERATIONAL METEOROLOGY AND OCEANOGRAPHY .........................................................................

Conference
Authorized

487,513

15,413
[15,413]
15,413

541,692

7,334,452

502,926

2,793,739

7,260,452
[6,000]
[–80,000]
2,793,739

65,248
214,767
1,075,365
1,751,737

65,248
214,767
1,075,365
1,859,137

70,319
1,679,193
6,454,952

1,183,237
10,038,261

2,422,095

1,632,824

[107,100]
[300]
70,319
1,659,193
[–20,000]
6,624,952
[10,400]
[150,000]
[14,400]
[14,400]
[15,400]
[15,400]
[–50,000]
1,183,237
10,383,061
[90,000]
[189,000]
[12,500]
[21,400]
[12,700]
[12,600]
[6,600]
2,818,495
[100,000]
[100,000]
[100,000]
[67,500]
[28,900]

339,103
881,999

1,633,324
[500]
339,103
881,999

444,150

444,150

H. R. 7776—766
SEC. 4301. OPERATION AND MAINTENANCE
(In Thousands of Dollars)
Line

Item

170

COMBAT SUPPORT FORCES ......................................
INDOPACOM UFR—Theater campaigning ...........
INDOPACOM UFR: Stormbreaker .........................
Program decrease .....................................................
EQUIPMENT MAINTENANCE AND DEPOT OPERATIONS SUPPORT .....................................................
CYBER MISSION FORCES ...........................................
COMBATANT COMMANDERS CORE OPERATIONS
INDOPACOM UFR—Asia Pacific Regional Initiative .........................................................................
COMBATANT COMMANDERS DIRECT MISSION
SUPPORT .....................................................................
INDOPACOM UFR—Pacific Movement Coordination Center ............................................................
INDOPACOM UFR—PMTEC .................................
MSV—Carolyn Chouest ...........................................
CYBERSPACE ACTIVITIES ..........................................
FLEET BALLISTIC MISSILE .......................................
WEAPONS MAINTENANCE .........................................
Costs associated with restoring 5 LCS ...................
Navy UFR—SM–6 expansion of combat usable
asset inventory ......................................................
Program decrease .....................................................
OTHER WEAPON SYSTEMS SUPPORT .....................
ENTERPRISE INFORMATION .....................................
Unjustified growth ...................................................
SUSTAINMENT,
RESTORATION
AND
MODERNIZATION ..............................................................
Increase for FSRM to 100% ....................................
BASE OPERATING SUPPORT .....................................
Base Operating Support for AFFF Replacement,
mobile assets and Disposal ..................................
Historical underexecution .......................................
NAS Fallon Range Expansion .................................
SUBTOTAL OPERATING FORCES ..................

180
190
200

210

230
240
250

260
270
280

290

300
310
320

330
340

350
360
370
380
390
400
410

MOBILIZATION
SHIP PREPOSITIONING AND SURGE ......................
ESD—restore 2 ships ...............................................
READY RESERVE FORCE ............................................
SHIP ACTIVATIONS/INACTIVATIONS ......................
Costs associated with restoring 5 LCS ...................
Historical underexecution .......................................
EXPEDITIONARY HEALTH SERVICES SYSTEMS ..
COAST GUARD SUPPORT ...........................................
SUBTOTAL MOBILIZATION .............................
TRAINING AND RECRUITING
OFFICER ACQUISITION ..............................................
RECRUIT TRAINING ....................................................
RESERVE OFFICERS TRAINING CORPS ..................
SPECIALIZED SKILL TRAINING ................................
Historical underexecution .......................................
PROFESSIONAL DEVELOPMENT EDUCATION .....
Navy O&M Training and Recruiting (Sea Cadets)
TRAINING SUPPORT ....................................................
RECRUITING AND ADVERTISING ............................
Navy UFR—Recruiting Command marketing and
advertising ............................................................

FY 2023
Request

2,274,710

194,346
101,049
65,893

Conference
Authorized

2,299,777
[18,067]
[22,000]
[–15,000]
194,346
101,049
73,893
[8,000]

282,742

477,540
1,664,076
1,495,783

649,371
1,647,834

3,549,311

316,642
[2,400]
[19,000]
[12,500]
477,540
1,664,076
1,495,983
[7,200]
[23,000]
[–30,000]
649,371
1,637,834
[–10,000]

5,503,088

3,984,311
[435,000]
5,559,688

56,287,184

[16,600]
[–20,000]
[60,000]
57,761,051

467,648
683,932
364,096

133,780
21,196
1,670,652

190,578
14,679
170,845
1,133,889
334,844
356,670
204,498

526,248
[58,600]
683,932
349,596
[–7,500]
[–7,000]
133,780
21,196
1,714,752

190,578
14,679
170,845
1,127,389
[–6,500]
339,144
[4,300]
356,670
229,798
[25,300]

H. R. 7776—767
SEC. 4301. OPERATION AND MAINTENANCE
(In Thousands of Dollars)
Line

Item

420
430
440

OFF-DUTY AND VOLUNTARY EDUCATION ............
CIVILIAN EDUCATION AND TRAINING ..................
JUNIOR ROTC ................................................................
SUBTOTAL TRAINING AND RECRUITING ..

450
460
470

480
490
500
520

530
540
720A

730

ADMINISTRATION AND SERVICE-WIDE ACTIVITIES
ADMINISTRATION ........................................................
Program decrease .....................................................
CIVILIAN MANPOWER AND PERSONNEL MANAGEMENT ...................................................................
MILITARY MANPOWER AND PERSONNEL MANAGEMENT ...................................................................
Program decrease .....................................................
MEDICAL ACTIVITIES .................................................
DEF ACQUISITION WORKFORCE DEVELOPMENT
ACCOUNT ....................................................................
SERVICEWIDE TRANSPORTATION ...........................
PLANNING, ENGINEERING, AND PROGRAM SUPPORT ............................................................................
Historical underexecution .......................................
ACQUISITION, LOGISTICS, AND OVERSIGHT .......
INVESTIGATIVE AND SECURITY SERVICES ..........
CLASSIFIED PROGRAMS .............................................
SUBTOTAL ADMINISTRATION AND SERVICE-WIDE ACTIVITIES ...................................

020
030
040
050
060
070

080

090
100

Conference
Authorized

89,971
69,798
55,194
2,620,966

89,971
69,798
55,194
2,644,066

1,349,966

1,274,966
[–75,000]

227,772

227,772

667,627
284,962

637,627
[–30,000]
284,962

62,824
207,501

62,824
207,501

554,265

539,265
[–15,000]
798,473
791,059
628,700

798,473
791,059
628,700
5,573,149

UNDISTRIBUTED
UNDISTRIBUTED ..........................................................
Foreign currency fluctuations .................................
Inflation effects ........................................................
Unobligated balances ...............................................
SUBTOTAL UNDISTRIBUTED ..........................
TOTAL OPERATION & MAINTENANCE,
NAVY .................................................................

010

FY 2023
Request

5,453,149

1,048,224
[–263,300]
[1,431,524]
[–120,000]
1,048,224

66,151,951

OPERATION
&
MAINTENANCE,
MARINE
CORPS
OPERATING FORCES
OPERATIONAL FORCES ..............................................
INDOPACOM UFR—Theater campaigning ...........
Program decrease .....................................................
FIELD LOGISTICS .........................................................
Unjustified growth ...................................................
DEPOT MAINTENANCE ...............................................
MARITIME PREPOSITIONING ....................................
CYBER MISSION FORCES ...........................................
CYBERSPACE ACTIVITIES ..........................................
SUSTAINMENT, RESTORATION & MODERNIZATION .............................................................................
Program increase .....................................................
BASE OPERATING SUPPORT .....................................
Historical underexecution .......................................
SUBTOTAL OPERATING FORCES ..................

8,082,129

TRAINING AND RECRUITING
RECRUIT TRAINING ....................................................
OFFICER ACQUISITION ..............................................

23,217
1,268

1,740,491

1,699,425
221,886
139,518
94,199
194,904
1,292,219
2,699,487

68,621,242

1,729,584
[14,093]
[–25,000]
1,685,766
[–13,659]
221,886
139,518
94,199
194,904
1,454,219
[162,000]
2,680,487
[–19,000]
8,200,563

23,217
1,268

H. R. 7776—768
SEC. 4301. OPERATION AND MAINTENANCE
(In Thousands of Dollars)
Line

Item

110
120
130

SPECIALIZED SKILL TRAINING ................................
PROFESSIONAL DEVELOPMENT EDUCATION .....
TRAINING SUPPORT ....................................................
Unjustified growth ...................................................
RECRUITING AND ADVERTISING ............................
OFF-DUTY AND VOLUNTARY EDUCATION ............
JUNIOR ROTC ................................................................
SUBTOTAL TRAINING AND RECRUITING ..

140
150
160

170
180
220A

230

ADMINISTRATION AND SERVICE-WIDE ACTIVITIES
SERVICEWIDE TRANSPORTATION ...........................
ADMINISTRATION ........................................................
CLASSIFIED PROGRAMS .............................................
SUBTOTAL ADMINISTRATION AND SERVICE-WIDE ACTIVITIES ...................................

110

120
130
140

160

118,638
64,626
523,603
225,759
51,882
27,660
1,036,653

OPERATION & MAINTENANCE, NAVY RES
OPERATING FORCES
MISSION AND OTHER FLIGHT OPERATIONS ........
INTERMEDIATE MAINTENANCE ..............................
AIRCRAFT DEPOT MAINTENANCE ..........................
AIRCRAFT DEPOT OPERATIONS SUPPORT ............
AVIATION LOGISTICS ..................................................
COMBAT COMMUNICATIONS ....................................
COMBAT SUPPORT FORCES ......................................
CYBERSPACE ACTIVITIES ..........................................
ENTERPRISE INFORMATION .....................................
SUSTAINMENT,
RESTORATION
AND
MODERNIZATION ..............................................................
Program increase .....................................................
BASE OPERATING SUPPORT .....................................
SUBTOTAL OPERATING FORCES ..................
ADMINISTRATION AND SERVICE-WIDE ACTIVITIES
ADMINISTRATION ........................................................
MILITARY MANPOWER AND PERSONNEL MANAGEMENT ...................................................................
ACQUISITION AND PROGRAM MANAGEMENT .....
SUBTOTAL ADMINISTRATION AND SERVICE-WIDE ACTIVITIES ...................................
UNDISTRIBUTED
UNDISTRIBUTED ..........................................................
Foreign currency fluctuations .................................
Inflation effects ........................................................
Unobligated balances ...............................................
SUBTOTAL UNDISTRIBUTED ..........................

Conference
Authorized

118,638
64,626
517,603
[–6,000]
225,759
51,882
27,660
1,030,653

78,542
401,030
62,590

78,542
401,030
62,590

542,162

542,162

UNDISTRIBUTED
UNDISTRIBUTED ..........................................................
Foreign currency fluctuations .................................
Inflation effects ........................................................
Unobligated balances ...............................................
SUBTOTAL UNDISTRIBUTED ..........................
TOTAL OPERATION & MAINTENANCE,
MARINE CORPS ............................................

010
020
030
040
050
060
070
080
090
100

FY 2023
Request

168,819
[–33,800]
[222,019]
[–19,400]
168,819

9,660,944

9,942,197

669,533
11,134
164,892
494
25,843
20,135
131,104
289
27,189

669,533
11,134
164,892
494
25,843
20,135
131,104
289
27,189

44,784
116,374
1,211,771

50,784
[6,000]
116,374
1,217,771

1,986

1,986

12,550
1,993

12,550
1,993

16,529

16,529

21,792
[–3,900]
[29,192]
[–3,500]
21,792

H. R. 7776—769
SEC. 4301. OPERATION AND MAINTENANCE
(In Thousands of Dollars)
Line

Item

TOTAL OPERATION & MAINTENANCE,
NAVY RES .......................................................

010
020
030

040

050

060

OPERATION & MAINTENANCE, MC RESERVE
OPERATING FORCES
OPERATING FORCES ...................................................
DEPOT MAINTENANCE ...............................................
SUSTAINMENT,
RESTORATION
AND
MODERNIZATION ..............................................................
Program increase .....................................................
BASE OPERATING SUPPORT .....................................
SUBTOTAL OPERATING FORCES ..................
ADMINISTRATION AND SERVICE-WIDE ACTIVITIES
ADMINISTRATION ........................................................
SUBTOTAL ADMINISTRATION AND SERVICE-WIDE ACTIVITIES ...................................

020

030

040

050

060

070

080
090

OPERATION & MAINTENANCE, AIR FORCE
OPERATING FORCES
PRIMARY COMBAT FORCES ......................................
Historical underexecution .......................................
Realignment of funds ...............................................
COMBAT ENHANCEMENT FORCES .........................
Program decrease .....................................................
Realignment of funds ...............................................
AIR OPERATIONS TRAINING (OJT, MAINTAIN
SKILLS) ........................................................................
Contract Adversary Air ...........................................
DEPOT PURCHASE EQUIPMENT MAINTENANCE
Historical underexecution .......................................
Increase for Weapon System Sustainment ............
FACILITIES SUSTAINMENT, RESTORATION &
MODERNIZATION .....................................................
Program increase .....................................................
CYBERSPACE SUSTAINMENT ...................................
Air Force UFR—Weapon system sustainment ......
PACAF cyber operations for base resilient architecture ...................................................................
CONTRACTOR LOGISTICS SUPPORT AND SYSTEM SUPPORT ...........................................................
Historical underexecution .......................................
FLYING HOUR PROGRAM ...........................................
Program decrease .....................................................
BASE SUPPORT .............................................................
Base Operating Support for AFFF Replacement,
mobile assets, and Disposal .................................

Conference
Authorized

1,228,300

1,256,092

109,045
19,361

109,045
19,361

45,430

49,811
[4,381]
118,364
296,581

118,364
292,200

12,033

12,033

12,033

12,033

UNDISTRIBUTED
UNDISTRIBUTED ..........................................................
Foreign currency fluctuations .................................
Inflation effects ........................................................
Unobligated balances ...............................................
SUBTOTAL UNDISTRIBUTED ..........................
TOTAL OPERATION & MAINTENANCE,
MC RESERVE .................................................

010

FY 2023
Request

1,595
[–3,900]
[7,995]
[–2,500]
1,595

304,233

310,209

936,731

975,731
[–21,000]
[60,000]
2,497,865
[–100,000]
[–60,000]

2,657,865

1,467,518
4,341,794

4,091,088
130,754

1,477,518
[10,000]
4,606,794
[–35,000]
[300,000]
4,605,088
[514,000]
223,054
[82,300]
[10,000]

8,782,940
5,871,718
10,638,741

8,752,940
[–30,000]
5,833,718
[–38,000]
10,598,741
[10,000]

H. R. 7776—770
SEC. 4301. OPERATION AND MAINTENANCE
(In Thousands of Dollars)
Line

100

110
120
140
160
170
180

190
200
220
230
240
240A

250
260

270
280
290
300
310
320
330
340
350
360
370
380

390
400
410
420
430
440
460

Item

Program decrease .....................................................
GLOBAL C3I AND EARLY WARNING ........................
Program decrease—early to need ...........................
Technical realignment .............................................
OTHER COMBAT OPS SPT PROGRAMS ...................
Historical underexecution .......................................
CYBERSPACE ACTIVITIES ..........................................
LAUNCH FACILITIES ...................................................
US NORTHCOM/NORAD ..............................................
US STRATCOM ...............................................................
US CYBERCOM ..............................................................
Cyber partnership activities with Jordan ..............
CYBERCOM UFR—Cyber mission force operational support ......................................................
CYBERCOM UFR—Joint cyberspace warfighting
architecture ...........................................................
Hunt Forward operations ........................................
Realignment of funds ...............................................
US CENTCOM ................................................................
US SOCOM ......................................................................
CENTCOM CYBERSPACE SUSTAINMENT ...............
USSPACECOM ................................................................
JOINT CYBER MISSION FORCE PROGRAMS ..........
Realignment of funds ...............................................
CLASSIFIED PROGRAMS .............................................
SUBTOTAL OPERATING FORCES ..................

FY 2023
Request

1,035,043

1,436,329
716,931
690
197,210
503,419
436,807

Conference
Authorized

[–50,000]
1,033,674
[–8,500]
[7,131]
1,426,329
[–10,000]
716,931
690
197,210
503,419
595,907
[500]
[136,900]

331,162
27,318
1,367
329,543
186,759
1,705,801
45,827,528

[11,400]
[15,300]
[–5,000]
331,162
27,318
1,367
329,543
191,759
[5,000]
1,705,801
46,632,559

MOBILIZATION
AIRLIFT OPERATIONS .................................................
INDOPACOM Theater Campaigning .....................
MOBILIZATION PREPAREDNESS ..............................
Historical underexecution .......................................
SUBTOTAL MOBILIZATION .............................

3,501,788

2,799,533
[18,917]
706,172
[–15,000]
3,505,705

TRAINING AND RECRUITING
OFFICER ACQUISITION ..............................................
RECRUIT TRAINING ....................................................
RESERVE OFFICERS TRAINING CORPS (ROTC) ....
SPECIALIZED SKILL TRAINING ................................
FLIGHT TRAINING .......................................................
PROFESSIONAL DEVELOPMENT EDUCATION .....
TRAINING SUPPORT ....................................................
RECRUITING AND ADVERTISING ............................
EXAMINING ...................................................................
OFF-DUTY AND VOLUNTARY EDUCATION ............
CIVILIAN EDUCATION AND TRAINING ..................
JUNIOR ROTC ................................................................
SUBTOTAL TRAINING AND RECRUITING ..

189,721
26,684
135,515
541,511
779,625
313,556
171,087
197,956
8,282
254,907
355,375
69,964
3,044,183

189,721
26,684
135,515
541,511
779,625
313,556
171,087
197,956
8,282
254,907
355,375
69,964
3,044,183

1,058,129
139,428
1,283,066

1,058,129
139,428
1,274,066
[–9,000]
33,222
1,790,985
30,526

ADMINISTRATION AND SERVICE-WIDE ACTIVITIES
LOGISTICS OPERATIONS ............................................
TECHNICAL SUPPORT ACTIVITIES .........................
ADMINISTRATION ........................................................
Program decrease .....................................................
SERVICEWIDE COMMUNICATIONS .........................
OTHER SERVICEWIDE ACTIVITIES .........................
CIVIL AIR PATROL .......................................................
DEF ACQUISITION WORKFORCE DEVELOPMENT
ACCOUNT ....................................................................

2,780,616
721,172

33,222
1,790,985
30,526
42,558

42,558

H. R. 7776—771
SEC. 4301. OPERATION AND MAINTENANCE
(In Thousands of Dollars)
Line

Item

480
480A

INTERNATIONAL SUPPORT .......................................
CLASSIFIED PROGRAMS .............................................
SUBTOTAL ADMINISTRATION AND SERVICE-WIDE ACTIVITIES ...................................

490

080

090
090A

100
110

120

OPERATION & MAINTENANCE, SPACE FORCE
OPERATING FORCES
GLOBAL C3I & EARLY WARNING .............................
SPACE LAUNCH OPERATIONS ..................................
SPACE OPERATIONS ....................................................
EDUCATION & TRAINING ..........................................
DEPOT MAINTENANCE ...............................................
FACILITIES SUSTAINMENT, RESTORATION &
MODERNIZATION .....................................................
NORTHCOM UFR—Cheyenne Mountain Complex ........................................................................
Program increase .....................................................
CONTRACTOR LOGISTICS AND SYSTEM SUPPORT ............................................................................
Program decrease .....................................................
SPACE OPERATIONS -BOS .........................................
CLASSIFIED PROGRAMS .............................................
SUBTOTAL OPERATING FORCES ..................
ADMINISTRATION AND SERVICE-WIDE ACTIVITIES
ADMINISTRATION ........................................................
Technical realignment .............................................
LOGISTICS OPERATIONS ............................................
Technical realignment .............................................
SUBTOTAL ADMINISTRATION AND SERVICE-WIDE ACTIVITIES ...................................

010

102,065
1,427,764

5,907,743

5,898,743

833,829
[–208,500]
[1,254,129]
[–211,800]
833,829

58,281,242

59,915,019

472,484
187,832
695,228
153,135
285,863

472,484
187,832
695,228
153,135
285,863

235,253

309,053
[43,800]
[30,000]

1,358,565
144,937
272,941
3,806,238

OPERATION & MAINTENANCE, AF RESERVE
OPERATING FORCES
PRIMARY COMBAT FORCES ......................................
Unjustified growth ...................................................

1,351,565
[–7,000]
144,937
272,941
3,873,038

228,420

194,687
[–33,733]
33,733
[33,733]

228,420

228,420

ADMINISTRATION AND SERVICE-WIDE ACTIVITIES
UNDISTRIBUTED ..........................................................
Foreign currency fluctuations .................................
Inflation effects ........................................................
Unobligated balances ...............................................
SUBTOTAL ADMINISTRATION AND SERVICE-WIDE ACTIVITIES ...................................
TOTAL OPERATION & MAINTENANCE,
SPACE FORCE ...............................................

Conference
Authorized

102,065
1,427,764

UNDISTRIBUTED
UNDISTRIBUTED ..........................................................
Foreign currency fluctuations .................................
Inflation effects ........................................................
Unobligated balances ...............................................
SUBTOTAL UNDISTRIBUTED ..........................
TOTAL OPERATION & MAINTENANCE,
AIR FORCE .....................................................

010
020
030
040
060
070

FY 2023
Request

82,920
[–14,100]
[112,020]
[–15,000]
82,920

4,034,658

4,184,378

1,743,908

1,732,908
[–11,000]

H. R. 7776—772
SEC. 4301. OPERATION AND MAINTENANCE
(In Thousands of Dollars)
Line

Item

020
030

MISSION SUPPORT OPERATIONS ............................
DEPOT PURCHASE EQUIPMENT MAINTENANCE
Air Force UFR—Weapon system sustainment ......
FACILITIES SUSTAINMENT, RESTORATION &
MODERNIZATION .....................................................
Program increase .....................................................
CONTRACTOR LOGISTICS SUPPORT AND SYSTEM SUPPORT ...........................................................
BASE SUPPORT .............................................................
CYBERSPACE ACTIVITIES ..........................................
SUBTOTAL OPERATING FORCES ..................

040

050
060
070

080
090
100
110
120

130

ADMINISTRATION AND SERVICE-WIDE ACTIVITIES
ADMINISTRATION ........................................................
RECRUITING AND ADVERTISING ............................
MILITARY MANPOWER AND PERS MGMT (ARPC)
OTHER PERS SUPPORT (DISABILITY COMP) .........
AUDIOVISUAL ...............................................................
SUBTOTAL ADMINISTRATION AND SERVICE-WIDE ACTIVITIES ...................................

040

050

060
070
080

090
100

110

OPERATION & MAINTENANCE, ANG
OPERATING FORCES
AIRCRAFT OPERATIONS .............................................
MISSION SUPPORT OPERATIONS ............................
DEPOT PURCHASE EQUIPMENT MAINTENANCE
Air Force UFR—Weapon system sustainment ......
FACILITIES SUSTAINMENT, RESTORATION &
MODERNIZATION .....................................................
Increase for FSRM to 100% ....................................
CONTRACTOR LOGISTICS SUPPORT AND SYSTEM SUPPORT ...........................................................
Unjustified growth ...................................................
BASE SUPPORT .............................................................
CYBERSPACE SUSTAINMENT ...................................
CYBERSPACE ACTIVITIES ..........................................
SUBTOTAL OPERATING FORCES ..................
ADMINISTRATION AND SERVICE-WIDE ACTIVITIES
ADMINISTRATION ........................................................
State Partnership Program .....................................
RECRUITING AND ADVERTISING ............................
SUBTOTAL ADMINISTRATION AND SERVICE-WIDE ACTIVITIES ...................................
UNDISTRIBUTED
UNDISTRIBUTED ..........................................................

Conference
Authorized

193,568
493,664

193,568
507,764
[14,100]

133,782

150,782
[17,000]

341,724
522,195
1,706
3,430,547

341,724
522,195
1,706
3,450,647

102,038
9,057
14,896
7,544
462

102,038
9,057
14,896
7,544
462

133,997

133,997

UNDISTRIBUTED
UNDISTRIBUTED ..........................................................
Foreign currency fluctuations .................................
Inflation effects ........................................................
Unobligated balances ...............................................
SUBTOTAL UNDISTRIBUTED ..........................
TOTAL OPERATION & MAINTENANCE,
AF RESERVE ..................................................

010
020
030

FY 2023
Request

27,565
[–12,500]
[65,065]
[–25,000]
27,565

3,564,544

3,612,209

2,301,784
587,793
1,193,699

2,301,784
587,793
1,253,699
[60,000]

437,042

492,042
[55,000]

1,284,264

1,269,264
[–15,000]
967,169
12,661
15,886
6,900,298

967,169
12,661
15,886
6,800,298

52,075
48,306
100,381

54,375
[2,300]
48,306
102,681

115,263

H. R. 7776—773
SEC. 4301. OPERATION AND MAINTENANCE
(In Thousands of Dollars)
Line

Item

FY 2023
Request

Foreign currency fluctuations .................................
Inflation effects ........................................................
Unobligated balances ...............................................
SUBTOTAL UNDISTRIBUTED ..........................
TOTAL OPERATION & MAINTENANCE,
ANG ...................................................................

010
020
030
040

050
060
070

080

090
100

110

OPERATION AND MAINTENANCE, DEFENSEWIDE
OPERATING FORCES
JOINT CHIEFS OF STAFF ...........................................
Unjustified growth ...................................................
JOINT CHIEFS OF STAFF—CYBER ...........................
JOINT CHIEFS OF STAFF—JTEEP ............................
Program decrease .....................................................
OFFICE OF THE SECRETARY OF DEFENSE—
MISO ............................................................................
INDOPACOM UFR—Information operations ........
SPECIAL OPERATIONS COMMAND COMBAT DEVELOPMENT ACTIVITIES .......................................
SPECIAL OPERATIONS COMMAND CYBERSPACE
ACTIVITIES .................................................................
SPECIAL
OPERATIONS
COMMAND
INTELLIGENCE .....................................................................
Counter Unmanned Systems (CUxS) Procurement
Acceleration ...........................................................
SPECIAL OPERATIONS COMMAND MAINTENANCE .........................................................................
Advanced Engine Performance and Restoration
Program (Nucleated Foam) ..................................
C–130J Power by the Hour (PBTH) CLS ...............
Combatant Craft Medium (CCM) Loss Refurbishment .......................................................................
Counter Unmanned Systems (CUxS) Procurement
Acceleration ...........................................................
Maintenance .............................................................
MQ–9 Mallett reprogramming ................................
Program increase .....................................................
Program increase—multispectral personal signature management .................................................
SPECIAL OPERATIONS COMMAND MANAGEMENT/OPERATIONAL HEADQUARTERS ..............
SPECIAL
OPERATIONS
COMMAND
OPERATIONAL SUPPORT ..................................................
Advana Authoritative Data Management and
Analytics ................................................................
Enterprise Data Stewardship Program ..................
Identity and Signature Management Modernization .........................................................................
SPECIAL OPERATIONS COMMAND THEATER
FORCES .......................................................................
Combat Aviation Advisor mission support ............
INDOPACOM UFR: Theater Campaigning ...........
Special Operations support to irregular warfare ..
Tactical Mission Network Digital Force Protection
SUBTOTAL OPERATING FORCES ..................
TRAINING AND RECRUITING

Conference
Authorized

[–24,300]
[149,563]
[–10,000]
115,263

6,900,679

445,366
9,887
679,336

246,259

7,118,242

437,366
[–8,000]
9,887
661,336
[–18,000]
273,759
[27,500]

2,056,291

2,056,291

39,178

39,178

1,513,025

1,523,425
[10,400]

1,207,842

1,247,493
[3,000]
[21,620]
[4,250]
[5,353]
[–5,000]
[–5,840]
[5,000]
[11,268]

196,271

196,271

1,299,309

1,328,909
[8,000]
[18,000]
[3,600]

3,314,770

11,007,534

3,351,761
[18,000]
[9,034]
[4,246]
[5,711]
11,125,676

H. R. 7776—774
SEC. 4301. OPERATION AND MAINTENANCE
(In Thousands of Dollars)
Line

Item

120
130
140

DEFENSE ACQUISITION UNIVERSITY ....................
JOINT CHIEFS OF STAFF ...........................................
SPECIAL
OPERATIONS
COMMAND/PROFESSIONAL DEVELOPMENT EDUCATION .................
SUBTOTAL TRAINING AND RECRUITING ..

150

170
180
190
200
210
230
240

250
260
270
300
310
320
330
340

350
360
380
390

400
430

ADMINISTRATION AND SERVICE-WIDE ACTIVITIES
CIVIL MILITARY PROGRAMS .....................................
National Guard Youth Challenge ...........................
STARBASE ...............................................................
DEFENSE CONTRACT AUDIT AGENCY ...................
Program decrease .....................................................
DEFENSE CONTRACT AUDIT AGENCY—CYBER ...
DEFENSE CONTRACT MANAGEMENT AGENCY ...
Program decrease .....................................................
DEFENSE CONTRACT MANAGEMENT AGENCY—
CYBER ..........................................................................
DEFENSE COUNTERINTELLIGENCE AND SECURITY AGENCY ............................................................
DEFENSE COUNTERINTELLIGENCE AND SECURITY AGENCY—CYBER ............................................
DEFENSE HUMAN RESOURCES ACTIVITY ............
National Language Fellowship Add .......................
Program decrease .....................................................
DEFENSE HUMAN RESOURCES ACTIVITY—
CYBER .........................................................................
DEFENSE INFORMATION SYSTEMS AGENCY .......
Unobligated balances ...............................................
DEFENSE INFORMATION SYSTEMS AGENCY—
CYBER ..........................................................................
DEFENSE LEGAL SERVICES AGENCY ....................
DEFENSE LOGISTICS AGENCY .................................
Unobligated balances ...............................................
DEFENSE MEDIA ACTIVITY .......................................
Program decrease .....................................................
DEFENSE POW/MIA OFFICE ......................................
DEFENSE SECURITY COOPERATION AGENCY .....
International Security Cooperation Programs .......
Program adjustment—Border Security ..................
Program adjustment—Coalition Support Funds ...
Program increase: Irregular Warfare Functional
Center ....................................................................
Transfer to Ukraine Security Assistance Initiative .........................................................................
DEFENSE TECHNOLOGY SECURITY ADMINISTRATION .....................................................................
DEFENSE THREAT REDUCTION AGENCY .............
DEFENSE THREAT REDUCTION AGENCY—
CYBER ..........................................................................
DEPARTMENT OF DEFENSE EDUCATION ACTIVITY ................................................................................
Department of Defense Education Activity (Impact Aid Students with Disabilities) ...................
Department of Defense Education Activity (Impact Aid) ................................................................
MISSILE DEFENSE AGENCY ......................................
OFFICE OF THE LOCAL DEFENSE COMMUNITY
COOPERATION ..........................................................

FY 2023
Request

Conference
Authorized

176,454
101,492

176,454
101,492

35,279
313,225

35,279
313,225

139,656

273,156
[83,500]
[50,000]
636,072
[–10,000]
4,107
1,491,300
[–15,000]

646,072
4,107
1,506,300

29,127

29,127

983,133

983,133

10,245
935,241

10,245
932,241
[6,000]
[–9,000]

26,113
2,266,729

26,113
2,249,729
[–17,000]

643,643
233,687
429,060

643,643
233,687
422,560
[–6,500]
236,131
[–7,500]
150,021
2,274,134
[198,465]
[–75,000]
[–5,000]

243,631
150,021
2,445,669

[10,000]
[–300,000]
40,063
941,763

40,063
941,763

56,052

56,052

3,276,276

3,346,276
[20,000]

541,787

[50,000]
541,787

108,697

128,697

H. R. 7776—775
SEC. 4301. OPERATION AND MAINTENANCE
(In Thousands of Dollars)
Line

440

450
500
500A

510

Item

Defense Community Infrastructure Program ........
OFFICE OF THE SECRETARY OF DEFENSE ..........
Bien Hoa dioxin cleanup .........................................
CDC nationwide human health assessment ..........
Civilian Harm Mitigation and Response Action
Plan Implementation ............................................
Program decrease .....................................................
Readiness Environmental Protection Integration
Program .................................................................
OFFICE OF THE SECRETARY OF DEFENSE—
CYBER ..........................................................................
WASHINGTON HEADQUARTERS SERVICES ..........
Program decrease .....................................................
CLASSIFIED PROGRAMS .............................................
SUBTOTAL ADMINISTRATION AND SERVICE-WIDE ACTIVITIES ...................................

2,239,072

010

[20,000]
2,242,072
[15,000]
[20,000]

[6,000]
55,255
369,943
18,764,415

55,255
359,943
[–10,000]
18,764,415

37,085,757

37,071,722

308,472
[–487,500]
[765,972]
[30,000]
308,472

48,406,516

UKRAINE SECURITY ASSISTANCE
UKRAINE SECURITY ASSISTANCE INITIATIVE ....
Program increase .....................................................
Transfer from Defense Security Cooperation
Agency ...................................................................
SUBTOTAL UKRAINE SECURITY ASSISTANCE ....................................................................

48,819,095

800,000
[500,000]
[300,000]
800,000

TOTAL UKRAINE SECURITY ASSISTANCE ................................................................

010

Conference
Authorized

[25,000]
[–63,000]

UNDISTRIBUTED
UNDISTRIBUTED ..........................................................
Historical unobligated balances ..............................
Inflation effects ........................................................
Program increase: Congressionally mandated
commissions ..........................................................
SUBTOTAL UNDISTRIBUTED ..........................
TOTAL
OPERATION
AND
MAINTENANCE, DEFENSE-WIDE ............................

010

FY 2023
Request

800,000

US COURT OF APPEALS FOR ARMED
FORCES, DEF
ADMINISTRATION AND ASSOCIATED ACTIVITIES
US COURT OF APPEALS FOR THE ARMED
FORCES, DEFENSE ...................................................
Inflation effects ........................................................
SUBTOTAL ADMINISTRATION AND ASSOCIATED ACTIVITIES .......................................

16,003

16,187
[184]

16,003

16,187

TOTAL US COURT OF APPEALS FOR
ARMED FORCES, DEF .................................

16,003

16,187

53,791

53,791

53,791

53,791

DOD ACQUISITION WORKFORCE DEVELOPMENT FUND
ACQUISITION WORKFORCE DEVELOPMENT
ACQ WORKFORCE DEV FD .........................................
SUBTOTAL ACQUISITION WORKFORCE
DEVELOPMENT ................................................

H. R. 7776—776
SEC. 4301. OPERATION AND MAINTENANCE
(In Thousands of Dollars)
Line

Item

TOTAL DOD ACQUISITION WORKFORCE
DEVELOPMENT FUND ...............................

010

010

050

060

070

080

FY 2023
Request

Conference
Authorized

53,791

53,791

112,800

OVERSEAS HUMANITARIAN, DISASTER, AND
CIVIC AID
HUMANITARIAN ASSISTANCE
OVERSEAS HUMANITARIAN, DISASTER AND
CIVIC AID ....................................................................
Program increase .....................................................
SUBTOTAL HUMANITARIAN ASSISTANCE

112,800

150,000
[37,200]
150,000

TOTAL OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID ..............................

112,800

150,000

COOPERATIVE THREAT REDUCTION ACCOUNT
COOPERATIVE THREAT REDUCTION .....................
Inflation effects ........................................................
SUBTOTAL COOPERATIVE THREAT REDUCTION ............................................................

341,598

354,394
[12,796]

341,598

354,394

TOTAL COOPERATIVE THREAT REDUCTION ACCOUNT ............................................

341,598

354,394

196,244

ENVIRONMENTAL RESTORATION, ARMY
DEPARTMENT OF THE ARMY
ENVIRONMENTAL RESTORATION, ARMY ..............
Inflation effects ........................................................
SUBTOTAL DEPARTMENT OF THE ARMY ..

196,244

201,828
[5,584]
201,828

TOTAL ENVIRONMENTAL RESTORATION, ARMY ...................................................

196,244

201,828

359,348

ENVIRONMENTAL RESTORATION, NAVY
DEPARTMENT OF THE NAVY
ENVIRONMENTAL RESTORATION, NAVY ..............
Inflation effects ........................................................
Program increase .....................................................
SUBTOTAL DEPARTMENT OF THE NAVY ...

359,348

399,573
[10,225]
[30,000]
399,573

TOTAL ENVIRONMENTAL RESTORATION, NAVY ....................................................

359,348

399,573

ENVIRONMENTAL RESTORATION, AIR FORCE
DEPARTMENT OF THE AIR FORCE
ENVIRONMENTAL RESTORATION, AIR FORCE ....
Inflation effects ........................................................
Program increase .....................................................
SUBTOTAL DEPARTMENT OF THE AIR
FORCE .................................................................

314,474

353,423
[8,949]
[30,000]

314,474

353,423

TOTAL ENVIRONMENTAL RESTORATION, AIR FORCE .........................................

314,474

353,423

ENVIRONMENTAL RESTORATION, DEFENSE
DEFENSE-WIDE
ENVIRONMENTAL RESTORATION, DEFENSE .......
Inflation effects ........................................................
SUBTOTAL DEFENSE-WIDE .............................

8,924
8,924

9,178
[254]
9,178

H. R. 7776—777
SEC. 4301. OPERATION AND MAINTENANCE
(In Thousands of Dollars)
Line

Item

TOTAL ENVIRONMENTAL RESTORATION, DEFENSE ............................................

090

100

010

FY 2023
Request

8,924

Conference
Authorized

9,178

ENVIRONMENTAL RESTORATION FORMERLY
USED SITES
DEFENSE-WIDE
ENVIRONMENTAL RESTORATION FORMERLY
USED SITES ................................................................
Inflation effects ........................................................
Military Munitions Response Program ..................
SUBTOTAL DEFENSE-WIDE .............................

227,262

258,728
[6,466]
[25,000]
258,728

TOTAL ENVIRONMENTAL RESTORATION FORMERLY USED SITES ................

227,262

258,728

227,262

SUPPORT FOR INTERNATIONAL SPORTING
COMPETITIONS , DEFENSE
OPERATIONS SUPPORT
SUPPORT OF INTERNATIONAL SPORTING COMPETITIONS, DEFENSE .............................................
Inflation effects ........................................................
SUBTOTAL OPERATIONS SUPPORT .............

10,377

10,673
[296]
10,673

TOTAL SUPPORT FOR INTERNATIONAL
SPORTING COMPETITIONS , DEFENSE

10,377

10,673

RED HILL RECOVERY FUND
RED HILL RECOVERY FUND .....................................
SUBTOTAL RED HILL RECOVERY FUND ....

1,000,000
1,000,000

1,000,000
1,000,000

TOTAL RED HILL RECOVERY FUND ........

1,000,000

1,000,000

TOTAL OPERATION & MAINTENANCE ....

271,218,877

278,792,827

10,377

TITLE XLIV—MILITARY PERSONNEL
SEC. 4401. MILITARY PERSONNEL.
SEC. 4401. MILITARY PERSONNEL
(In Thousands of Dollars)
Item

FY 2023
Request

Military Personnel Appropriations ...............................................
Additional BAH Absorption Restoration (2%) .............................
BAH Absorption Restoration (1%) ................................................
Historical underexecution .............................................................
Military Personnel, Navy—Restore Navy Force Structure Cuts
(Manpower) .................................................................................
Additional special incentive pays .................................................
Air Force end strength—E–10 Sentry AWACS and medical billets ...............................................................................................
Army end strength reduction .......................................................
Basic needs allowance ...................................................................
Home leave demonstration program ............................................

164,139,628

Medicare-Eligible Retiree Health Care Fund Contributions .....

9,743,704

Conference
Authorized

162,279,628
[250,000]
[244,000]
[–700,000]
[190,000]
[100,000]
[234,000]
[–2,200,000]
[12,000]
[10,000]
9,743,704

H. R. 7776—778
SEC. 4401. MILITARY PERSONNEL
(In Thousands of Dollars)
Item

TOTAL, Military Personnel ..............................................

FY 2023
Request

Conference
Authorized

173,883,332

172,023,332

TITLE XLV—OTHER AUTHORIZATIONS
SEC. 4501. OTHER AUTHORIZATIONS.
SEC. 4501. OTHER AUTHORIZATIONS
(In Thousands of Dollars)
Program Title

FY 2023
Request

Conference
Authorized

NATIONAL DEFENSE STOCKPILE TRANSACTION
FUND
DEFENSE STOCKPILE ...............................................................
Program increase ...........................................................
TOTAL NATIONAL DEFENSE STOCKPILE TRANSACTION FUND .................................................................

253,500

1,003,500
[750,000]

253,500

1,003,500

WORKING CAPITAL FUND, ARMY
ARMY ARSENALS INITIATIVE .................................................
ARMY SUPPLY MANAGEMENT ................................................
TOTAL WORKING CAPITAL FUND, ARMY ................

28,448
1,489
29,937

28,448
1,489
29,937

WORKING CAPITAL FUND, AIR FORCE
TRANSPORTATION
SUPPLIES AND MATERIALS .....................................................
TOTAL WORKING CAPITAL FUND, AIR FORCE .....

80,448
80,448

80,448
80,448

2

2

WORKING CAPITAL FUND, DEFENSE-WIDE
DEFENSE AUTOMATION & PRODUCTION SERVICES .......
DEFENSE INFORMATION SYSTEMS AGENCY
WORKING CAPITAL FUND SUPPORT .....................................
Fuel inflation ..................................................................
TOTAL WORKING CAPITAL FUND, DEFENSEWIDE ...................................................................................
WORKING CAPITAL FUND, DECA
WORKING CAPITAL FUND SUPPORT .....................................
Inflation effects ..............................................................
Program increase ...........................................................
TOTAL WORKING CAPITAL FUND, DECA ................
CHEM AGENTS & MUNITIONS DESTRUCTION
CHEM DEMILITARIZATION—O&M .........................................
CHEM DEMILITARIZATION—RDT&E .....................................
CHEM DEMILITARIZATION—PROC
UNDISTRIBUTED ........................................................................
Inflation effects ..............................................................
TOTAL CHEM AGENTS & MUNITIONS DESTRUCTION ...................................................................................
DRUG INTERDICTION & CTR-DRUG ACTIVITIES, DEF
COUNTER-NARCOTICS SUPPORT ...........................................
DRUG DEMAND REDUCTION PROGRAM ..............................
NATIONAL GUARD COUNTER-DRUG PROGRAM .................
NATIONAL GUARD COUNTER-DRUG SCHOOLS ..................
UNDISTRIBUTED ........................................................................

8,300

2,508,300
[2,500,000]

8,302

2,508,302

1,211,208

1,211,208

84,612
975,206

1,435,333
[14,125]
[210,000]
1,435,333

84,612
975,206
28,929
[28,929]

1,059,818

1,088,747

619,474
130,060
100,316
5,878

619,474
130,060
100,316
5,878
18,898

H. R. 7776—779
SEC. 4501. OTHER AUTHORIZATIONS
(In Thousands of Dollars)
Program Title

Inflation effects ..............................................................
TOTAL DRUG INTERDICTION & CTR-DRUG ACTIVITIES, DEF .................................................................
OFFICE OF THE INSPECTOR GENERAL
OFFICE OF THE INSPECTOR GENERAL—O&M ...................
OFFICE OF THE INSPECTOR GENERAL—CYBER ...............
OFFICE OF THE INSPECTOR GENERAL—RDT&E ...............
OFFICE OF THE INSPECTOR GENERAL—PROCUREMENT .........................................................................................
UNDISTRIBUTED ........................................................................
Inflation effects ..............................................................
TOTAL OFFICE OF THE INSPECTOR GENERAL ....
DEFENSE HEALTH PROGRAM
IN-HOUSE CARE ..........................................................................
Medical care contracts excess growth ..........................
Unjustified growth .........................................................
PRIVATE SECTOR CARE ............................................................
Program decrease ...........................................................
CONSOLIDATED HEALTH SUPPORT ......................................
Unjustified growth .........................................................
INFORMATION MANAGEMENT ...............................................
Unjustified growth .........................................................
MANAGEMENT ACTIVITIES .....................................................
EDUCATION AND TRAINING ...................................................
TriService Nursing Research Program ........................
BASE OPERATIONS/COMMUNICATIONS ...............................
Excess growth .................................................................
R&D RESEARCH ..........................................................................
CRDMP Program for Pancreatic Cancer Research .....
R&D EXPLORATRY DEVELOPMENT .......................................
R&D ADVANCED DEVELOPMENT ...........................................
Combat triple negative breast cancer ..........................
Post-traumatic stress disorder ......................................
R&D DEMONSTRATION/VALIDATION ....................................
R&D ENGINEERING DEVELOPMENT ....................................
R&D MANAGEMENT AND SUPPORT ......................................
R&D CAPABILITIES ENHANCEMENT ....................................
PROC INITIAL OUTFITTING .....................................................
PROC REPLACEMENT & MODERNIZATION .........................
PROC JOINT OPERATIONAL MEDICINE INFORMATION
SYSTEM .....................................................................................
PROC MILITARY HEALTH SYSTEM—DESKTOP TO
DATACENTER ...........................................................................
PROC DOD HEALTHCARE MANAGEMENT SYSTEM MODERNIZATION .............................................................................
SOFTWARE & DIGITAL TECHNOLOGY PILOT PROGRAMS
TOTAL DEFENSE HEALTH PROGRAM ......................
TOTAL OTHER AUTHORIZATIONS .............................

FY 2023
Request

Conference
Authorized

[18,898]
855,728

874,626

474,650
1,321
1,864

474,650
1,321
1,864

1,524

479,359

9,906,943

18,455,209
1,916,366
2,251,151
338,678
334,845
2,111,558
39,568
175,477
320,862

166,960
103,970
85,186
17,971
21,625
234,157

1,524
4,932
[4,932]
484,291

9,866,753
[–25,082]
[–15,108]
18,442,709
[–12,500]
1,875,949
[–40,417]
2,247,789
[–3,362]
338,678
341,845
[7,000]
2,108,900
[–2,658]
44,568
[5,000]
175,477
333,362
[10,000]
[2,500]
166,960
103,970
85,186
17,971
21,625
234,157

1,467

1,467

72,601

72,601

240,224
137,356
36,932,174

240,224
137,356
36,857,547

40,910,474

44,362,731

H. R. 7776—780

TITLE XLVI—MILITARY CONSTRUCTION
SEC. 4601. MILITARY CONSTRUCTION.
SEC. 4601. MILITARY CONSTRUCTION
(In Thousands of Dollars)
Account

State/Country and
Installation

FY 2023
Request

Project Title

Conference
Authorized

ARMY
Army
Army
Army
Army
Army
Army

Army
Army

Army
Army

Army
Army
Army
Army

Army
Army
Army

Army

Army

Army

Army
Army
Army

Alabama
Anniston Army
Depot
Redstone Arsenal
Redstone Arsenal
Redstone Arsenal
Alaska
Fort Wainwright
Arizona
Yuma Proving
Ground
Arkansas
Pine Bluff Arsenal
Bulgaria
Novo Selo Training Area
Colorado
Fort Carson
Florida
Camp Bull Simons
Georgia
Fort Gillem
Fort Gordon
Germany
East Camp
Grafenwoehr
East Camp
Grafenwoehr
Hawaii
Fort Shafter
Schofield Barracks
Tripler Army
Medical Center
Japan
Kadena Air Force
Base
Kansas
Fort Riley (Custer
Hill)
Kentucky
Fort Campbell
Kwajalein
Kwajalein Atoll
Louisiana
Fort Polk
Fort Polk

Army

Fort Polk

Army

Fort Polk

Army
Army
Army

Maryland
Aberdeen Proving
Ground
Aberdeen Proving
Ground
Aberdeen Proving
Ground

General Purpose Warehouse (P&D) ........

0

2,400

Building 6231 ............................................
Physics Lab ...............................................
Warehouse .................................................

0
0
0

6,000
44,000
52,000

Physical Fitness Center ............................

0

50,000

Cost to Complete: Ready Building ...........

0

6,500

Access Control Point (P&D) .....................

0

1,800

Cost to Complete: EDI- Ammunition
Holding Area.

0

3,640

Fire Station Support Building .................

14,200

14,200

Child Development Center (P&D) ...........

0

4,750

Cost to Complete: Forensic Laboratory ...
Child Development Center (P&D) ...........

0
0

24,700
5,000

EDI: Battalion Trng Cplx1 (Brks/Veh
Maint).
EDI: Battalion Trng Cplx2 (OPS/Veh
Maint).

104,000

104,000

64,000

64,000

Water System Upgrade ............................
Company Operations Facilities ................

0
0

33,000
25,000

Upgrade Potable Water System ...............

0

38,000

Vehicle Maintenance Shop .......................

0

80,000

Unaccompanied
(P&D).

Barracks

0

15,930

Cost to Complete: Vehicle Maintenance
Shop.

0

13,650

Medical Clinic ............................................

69,000

69,000

Child Development Center .......................
Cost to Complete: Child Development
Center.
Cost to Complete: Information System
Facility.
Cost to Complete: Joint Operations Center.

32,000
0

32,000
9,000

0

35,360

0

61,000

Cost to Complete: Test Maintenance
Fabrication Facility.
Test Maintenance Fabrication Facility ...

0

0

0

30,000

0

7,600

Enlisted

Test Maintenance Fabrication Facility
(P&D).

H. R. 7776—781
SEC. 4601. MILITARY CONSTRUCTION
(In Thousands of Dollars)
Account
Army

Army

Army

Army
Army
Army

Army
Army
Army

Army

State/Country and
Installation
Fort Meade
Mississippi
Engineer Research and Development Center
Missouri
Fort Leonard
Wood
New Jersey
Picatinny Arsenal
New Jersey
Picatinny Arsenal
New Mexico
White Sands Missile Range
New York
Fort Drum
Fort Drum
U.S. Military
Academy
North Carolina
Fort Bragg

Army
Army
Army

Fort Bragg
Fort Bragg
Fort Bragg

Army

Fort Bragg
Oklahoma
Fort Sill

Army
Army

Army

Army
Army
Army

McAlester Army
Ammunition
Plant
Pennsylvania
Letterkenny Army
Depot
Texas
Corpus Christi
Army Depot
Fort Bliss
Fort Hood

Army

Fort Hood

Army

Fort Hood

Army
Army

Army

Army

Army

Army

Fort Hood
Washington
Joint Base LewisMcChord
Worldwide Unspecified
Unspecified
Worldwide Locations
Unspecified
Worldwide Locations
Unspecified
Worldwide Locations
Unspecified
Worldwide Locations

Project Title

FY 2023
Request

Conference
Authorized

Cost to Complete: Cantonment Area
Roads.

0

17,550

Lab and Test Building ..............................

0

20,000

Central Issue Facility (P&D) ...................

0

5,300

Precision Munitions Test Tower ..............

0

3,654

Igloo Storage Installation .........................

0

12,000

Missile Assembly Building (P&D) ...........

0

3,600

Automated Record Fire Plus Range ........
Physical Fitness Testing Facility (P&D)
Engineering Center ...................................

0
0
39,800

3,600
5,300
39,800

Automated Infantry Platoon Battle
Course (P&D).
Automated Record Fire Range (P&D) .....
Child Development Center (P&D) ...........
Multipurpose Machine Gun Range
(MPMG 2) (P&D).
Multipurpose Training Range ..................

0

1,350

0
0
0

2,000
3,600
1,600

34,000

34,000

0

85,800

0

39,000

Shipping and Receiving Building ............

38,000

38,000

Powertrain Facility (Engine Assembly) ..

103,000

55,000

Fire Station ...............................................
Automated Infantry Platoon Battle
Course (P&D).
Automated Infantry Squad Battle
Course (P&D).
Automated Multipurpose Machine Gun
Range (P&D).
Barracks ....................................................

15,000
0

15,000
1,220

0

600

0

1,240

0

19,000

Barracks ....................................................

49,000

49,000

Child Development Center Planning &
Design Fund.

0

15,000

Cost to Complete: FY21 Inflation Effects

0

251,860

Cost to Complete: FY22 Inflation Effects

0

85,200

Cost to Complete: FY23 Inflation Effects

0

541,080

Cost to Complete: Advanced Individual
Training Barracks, Phase 2.
Cost to Complete: Ammunition Demolition Shop.

H. R. 7776—782
SEC. 4601. MILITARY CONSTRUCTION
(In Thousands of Dollars)
Account

State/Country and
Installation

FY 2023
Request

Project Title
Construction

0

10,500

Host Nation Support .................................

26,000

26,000

Improving Military Installation Resilience.

0

20,000

Inflation & Market Adjustment Fund .....

0

0

Lab Revitalization .....................................

0

30,000

Planning & Design ....................................

167,151

192,151

Unaccompanied Barracks Planning and
Design.

0

0

Unspecified Minor Military Construction

90,414

110,414

Military Construction, Army Total ....................................................................

845,565

2,571,949

Water Treatment (P&D) ...........................

0

5,000

PDI: Aircraft Parking Apron (INC) .........

72,446

72,446

Range Simulation Training & Operations Fac..

120,382

10,382

Basilone Road Realignment .....................

85,210

14,768

Child Development Center .......................

0

32,100

Recruit Barracks .......................................

0

94,848

F–35C Aircraft Maint. Hangar & Airfield Pave.
Child Development Center .......................

201,261

41,261

56,450

64,353

Floating Dry Dock Mooring Facility ........

0

9,000

Pier 6 Replacement (INC) ........................

15,565

15,565

Data Science Analytics and Innovation
(P&D).

0

2,845

Performance Assessment
tions Laboratory.

0

15,000

Army

Unspecified
Worldwide
cations
Unspecified
Worldwide
cations
Unspecified
Worldwide
cations
Unspecified
Worldwide
cations
Unspecified
Worldwide
cations
Unspecified
Worldwide
cations
Unspecified
Worldwide
cations
Unspecified
Worldwide
cations

Army

Army

Army

Army

Army

Army

Army

Lo-

Exercise-Related
(USARPAC).

Minor

Conference
Authorized

Lo-

Lo-

Lo-

Lo-

Lo-

Lo-

Lo-

NAVY
Navy

Navy

Navy

Navy

Navy

Navy

Navy
Navy
Navy
Navy
Navy

Navy

Arizona
Marine Corps Air
Station Yuma
Australia
Royal Australian
Air Force Base
Darwin
California
Marine Corps Air
Ground Combat
Center
Twentynine
Palms
Marine Corps
Base Camp
Pendleton
Marine Corps
Base Camp
Pendleton
Marine Corps Recruit Depot San
Diego
Naval Air Station
Lemoore
Naval Base Point
Loma Annex
Naval Base San
Diego
Naval Base San
Diego
Naval Surface
Warfare Center
Corona Division
Naval Surface
Warfare Center
Corona Division
Connecticut

Communica-

H. R. 7776—783
SEC. 4601. MILITARY CONSTRUCTION
(In Thousands of Dollars)
Account
Navy

Navy
Navy

Navy
Navy
Navy

Navy
Navy
Navy

Navy

Navy

Navy

Navy

Navy
Navy
Navy
Navy
Navy

Navy

Navy
Navy
Navy
Navy

Navy

State/Country and
Installation
Naval Submarine
Base New London
Djibouti
Camp Lemonnier
Florida
Marine Corps
Support Facility
Blount Island
Naval Air Station
Jacksonville
Naval Air Station
Whiting Field
Naval Air Station
Whiting Field
Georgia
Marine Corps
Base Albany
Naval Submarine
Base Kings Bay
Naval Submarine
Base Kings Bay
Guam
Marine Corps
Base Camp
Blaz
Marine Corps
Base Camp
Blaz
Marine Corps
Base Camp
Blaz
Marine Corps
Base Camp
Blaz
Hawaii
Joint Base Pearl
Harbor-Hickam
Joint Base Pearl
Harbor-Hickam
Joint Base Pearl
Harbor-Hickam
Joint Base Pearl
Harbor-Hickam
Marine Corps
Base Kaneohe
Bay
Idaho
Naval Surface
Warfare Center
Carderock Division
Japan
Kadena Air Base
Kadena Air Base
Maine
Portsmouth Naval
Shipyard
Portsmouth Naval
Shipyard
Maryland
Naval Surface
Warfare Center
Carderock Division

FY 2023
Request

Project Title
Relocate Underwater
Measure..

Conference
Authorized

Electromagnetic

15,514

15,514

Electrical Power Plant ..............................

0

12,000

Communications Infrastructure
ernization (P&D).

Mod-

0

5,949

Engine Test Cells Modifications ..............

86,232

36,232

Advanced Helicopter Training System
Hangar.
AHTS Aircraft Flight Simulator Facility

0

141,500

57,789

57,789

0

6,400

213,796

13,796

Trident Training Fac. Columbia Trainer
Expan..

65,375

65,375

PDI: 9th Eng Supp Battalion Equip &
Main Fac.

131,590

41,590

PDI: 9th Engineer Support Battalion
Ops. Fac..

35,188

35,188

PDI: Brown Tree Snake Exclusion Barrier South.

14,497

14,497

PDI: Ground Combat Element Inf Btn 1
& 2 Fac.

149,314

69,314

Dry Dock 3 Replacement (INC) ...............

621,185

446,185

Missile Magazines .....................................

0

10,000

Upgrade Main Water Lines—DA ............

0

15,000

Waterfront Production Facility (P&D) ....

0

40,000

Bachelor Enlisted Quarters .....................

0

57,900

ARD Range
(P&D).

Facility

0

707

PDI: Marine Corps Bachelor Enlisted
Quarters.
PDI: Marine Corps Barracks Complex ....

94,100

29,100

101,300

31,300

Child Development Center (P&D) ...........

0

2,500

Extension

503,282

503,282

SFOMF Storage Laboratory .....................

0

2,073

Consolidated Communication Facility
(P&D).
Nuclear Regional Maintenance Facility ..

Multi-Mission
(INC).

Craft

Berthing

Drydock

#1

H. R. 7776—784
SEC. 4601. MILITARY CONSTRUCTION
(In Thousands of Dollars)
Account
Navy

Navy

Navy

Navy

Navy

Navy
Navy

Navy

Navy

Navy

Navy

Navy

Navy

Navy

Navy

Navy

Navy
Navy
Navy
Navy

State/Country and
Installation

Project Title

Naval Surface
Warfare Center
Carderock Division
Naval Surface
Warfare Center
Indian Head Division
Naval Surface
Warfare Center
Indian Head Division
Naval Surface
Warfare Center
Indian Head Division
Naval Surface
Warfare Center
Indian Head Division
Nevada
Naval Air Station
Fallon
Naval Air Station
Fallon
North Carolina
Marine Corps Air
Station Cherry
Point
Marine Corps Air
Station Cherry
Point
Marine Corps Air
Station Cherry
Point
Marine Corps Air
Station New
River
Marine Corps
Base Camp
Lejeune
Pennsylvania
Naval Surface
Warfare Center
Philadelphia Division
South Carolina
Marine Corps Recruit Depot Parris Island
Marine Corps Recruit Depot Parris Island
Spain
Naval Station
Rota
Virginia
Naval Air Station
Oceana
Naval Station
Norfolk
Naval Station
Norfolk
Naval Station
Norfolk

Ship Systems Integration and Design
Facility (P&D).

0

2,650

Combustion Laboratory ............................

0

6,000

Contained Burn Facility (P&D) ...............

0

0

Contained Burn Facility (P&D) ...............

0

5,415

EOD Explosive Testing Range 2 Expansion at SN, Building 2107.

0

2,039

F–35C Aircraft Maintenance Hangar .....

97,865

30,865

Fallon Range Training Complex Land
Acquisition Phase 2.

0

48,300

Aircraft Maintenance Hangar (INC) .......

106,000

21,000

CH–53K Gearbox Repair and Test Facility.

38,415

38,415

F–35 Flightline Util Modernization PH 2
(INC).

58,000

58,000

Three Module Type II Hangar .................

0

21,000

Station,

47,475

47,475

Machinery Control Developmental Center.

0

92,547

Recruit Barracks .......................................

0

37,600

Recruit Barracks .......................................

0

38,300

EDI: Missile Magazines ............................

0

92,323

Child Development Center (P&D) ...........

0

1,200

Child Development Center (P&D) ...........

0

2,300

Submarine Logistics Support Facilities ..

16,863

16,863

Submarine Pier 3 (INC) ...........................

155,000

125,000

Regional
Communications
Hadnot Point.

FY 2023
Request

Conference
Authorized

H. R. 7776—785
SEC. 4601. MILITARY CONSTRUCTION
(In Thousands of Dollars)
Account
Navy

Navy
Navy

Navy
Navy

Navy

Navy

Navy

Navy

Navy

Navy

Navy

Navy

Navy

Navy

Navy

Navy

Navy

Navy

Navy

Navy

State/Country and
Installation

Project Title

FY 2023
Request

Conference
Authorized

Naval Surface
Warfare Center
Dahlgren Division
Norfolk Naval
Shipyard
Naval Surface
Warfare Center
Dahlgren Division
Washington
Naval Air Station
Whidbey Island
Naval Air Station
Whidbey Island
Worldwide Unspecified
Unspecified
Worldwide Locations
Unspecified
Worldwide Locations
Unspecified
Worldwide Locations
Unspecified
Worldwide Locations
Unspecified
Worldwide Locations
Unspecified
Worldwide Locations
Unspecified
Worldwide Locations
Unspecified
Worldwide Locations
Unspecified
Worldwide Locations
Unspecified
Worldwide Locations
Unspecified
Worldwide Locations
Unspecified
Worldwide Locations
Unspecified
Worldwide Locations
Unspecified
Worldwide Locations
Unspecified
Worldwide Locations
Unspecified
Worldwide Locations

Weapons Integration and Test Campus
(P&D).

0

1,237

Dry Dock Saltwater System for CVN–78
(INC).
Upgrade Electrical Substation 1 ..............

47,718

47,718

0

2,503

E/A–18G Aircraft Flt. Read. Squad.
Train. Fac.
P–8A Aircraft Airfield Pavements Improvements.

37,461

37,461

0

68,100

Child Development Center Planning &
Design Fund.

0

15,000

Cost to Complete: FY21 Inflation Effects

0

99,384

Cost to Complete: FY22 Inflation Effects

0

514,892

Cost to Complete: FY22 Inflation Effects
(P&D).

0

0

Cost to Complete: FY23 Inflation Effects

0

298,433

Cost to Complete: FY23 Inflation Effects
(P&D).

0

0

Cost to Complete: FY23 Inflation Effects
(UMMC).

0

0

Improving Military Installation Resilience.

0

20,000

INDOPACOM (P&D) ................................

0

50,000

Inflation & Market Adjustment Fund .....

0

0

Lab Revitalization .....................................

0

20,000

MCON Planning and Funds ....................

397,124

422,124

Planning & Design ....................................

0

63,400

Red Hill (P&D) ..........................................

0

0

SIOP Planning & Design .........................

0

75,000

Unspecified Minor Military Construction

109,994

129,994

H. R. 7776—786
SEC. 4601. MILITARY CONSTRUCTION
(In Thousands of Dollars)
State/Country and
Installation

Project Title

Unspecified
Worldwide Locations
Unspecified
Worldwide Locations

USMC Planning & Design .......................

0

37,800

Water Treatment and Distribution Infrastructure.

0

0

Military Construction, Navy Total .....................................................................

3,752,391

4,621,097

Commercial Vehicle Inspection Gate ......

0

15,000

LRDR Dormitory .......................................

68,000

68,000

Extend Runway 16/34 (INC) ....................

100,000

100,000

PFAS: Contaminated Soil Removal .........

0

5,200

Combat Rescue Helicopter Simulator .....

0

7,500

Child Development Center (P&D) ...........

0

4,750

Munitions Igloo—East (P&D) ..................

0

650

KC–46A ADAL B179, Simulator Facility

0

7,500

GBSD Consolidated Maintenance Facility.

89,000

14,000

Shock and Applied Impact Laboratory
(SAIL) (P&D).

0

530

F–35A ADAL Squadron Operations
(P&D).
F–35A Developmental Test 2–Bay MX
Hangar (P&D).
F–35A Developmental Test 2–Bay Test
Hangar (P&D).
Consolidated Communications Center ....

0

2,500

0

4,100

0

3,700

0

97,000

Cost to Complete—Natural Disaster Recovery.

0

66,000

23d Security Forces Squadron Operations Facility (P&D).
Rescue Squadron Guardian Angel Operations Facility (P&D).

0

1,100

0

5,770

Secure Integration Support Lab W/ Land
Acquisition.

0

89,000

EDI: DABS-FEV Storage ..........................

71,000

71,000

EDI: DABS-FEV Storage ..........................

94,000

94,000

Account
Navy

Navy

FY 2023
Request

Conference
Authorized

AIR FORCE
Air Force

Air Force
Air Force
Air Force

Air Force
Air Force

Air Force

Air Force
Air Force

Air Force

Air Force
Air Force
Air Force
Air Force
Air Force

Air Force
Air Force

Air Force

Air Force
Air Force

Alabama
Maxwell Air Force
Base
Alaska
Clear Space Force
Station
Joint Base Elmendorf-Richardson
Joint Base Elmendorf-Richardson
Arizona
Davis-Monthan
Air Force Base
Luke Air Force
Base
California
Air Force Test
Center—
Edwards Air
Force Base
Travis Air Force
Base
Vandenberg Space
Force Base
Florida
Air Force Research Laboratory—Eglin Air
Force Base
Eglin Air Force
Base
Eglin Air Force
Base
Eglin Air Force
Base
Patrick Space
Force Base
Tyndall Air Force
Base
Georgia
Moody Air Force
Base
Moody Air Force
Base
Hawaii
Air Force Research Laboratory—Maui Experimental Site
#1
Hungary
Pa´pa Air Base
Iceland
Naval Air Station
Keflavik
Illinois

H. R. 7776—787
SEC. 4601. MILITARY CONSTRUCTION
(In Thousands of Dollars)
Account
Air Force

Air Force
Air Force

State/Country and
Installation
Scott Air Force
Base
Italy
Aviano Air Base

Air Force

Aviano Air Base
Japan
Kadena Air Base

Air Force

Kadena Air Base

Air Force

Yokota Air Base

Air Force
Air Force

Air Force

Air Force
Air Force
Air Force
Air Force

Air Force

Air Force

Air Force

Air Force
Air Force
Air Force
Air Force
Air Force
Air Force
Air Force
Air Force

Air Force

Air Force
Air Force

Jordan
Muwaffaq Salti
Air Base
Muwaffaq Salti
Air Base
Louisiana
Barksdale Air
Force Base
Mariana Islands
Tinian
Tinian
Tinian
Maryland
Joint Base Andrews
Massachusetts
Hanscom Air
Force Base
Nebraska
Offutt Air Force
Base
Nevada
Nellis Air Force
Base
New Mexico
Cannon Air Force
Base
Holloman Air
Force Base
Holloman Air
Force Base
Kirtland Air Force
Base
Kirtland Air Force
Base
Kirtland Air Force
Base
Kirtland Air Force
Base
Kirtland Air Force
Base
New York
Air Force Research Laboratory—Rome Research Site
North Carolina
Seymour Johnson
Air Force Base
Seymour Johnson
Air Force Base
Norway

Project Title

FY 2023
Request

Conference
Authorized

Child Development Center .......................

0

19,893

Combat Rescue Helicopter Simulator Facility.
EDI: RADR Storage Facility ....................

15,500

15,500

31,000

31,000

Helicopter Rescue OPS Maintenance
Hangar (INC).
PDI: Theater A/C Corrosion Control Ctr
(INC).
Cost to Complete: PDI: C–130J Corrosion Control Hangar.

71,000

71,000

77,000

17,000

0

10,000

Bulk Petroleum/Oil/Lubricants Storage ..

32,000

32,000

Fuel Cell and Phase Maintenance Hangars.

18,000

18,000

Weapons Generation Facility (INC) ........

125,000

126,500

PDI: Airfield Development Phase 1
(INC).
PDI: Fuel Tanks W/Pipeline & Hydrant
Sys, INC.
PDI: Parking Apron (INC) .......................

58,000

58,000

92,000

92,000

41,000

41,000

Cost to Complete: PAR Relocate Haz
Cargo Pad and EOD Range.

0

28,200

MIT-Lincoln Lab (West Lab CSL/MIF),
INC.

30,200

30,200

Cost to Complete—Natural Disaster Recovery.

0

235,000

Dormitory (P&D) .......................................

0

7,200

Soft Construct Munitions Storage Area
(P&D).
F–16 Formal Training Unit Airfield Requirements (P&D).
High Speed Test Track (P&D) .................

0

8,000

0

4,140

0

15,000

58th SOW/PJ/CRO Pipeline Dorm (432
RM) (P&D).
ADAL Systems & Digital Engineering
Lab (P&D).
Explosives Operations Building (P&D) ...

0

11,160

0

2,000

0

540

Joint Navigational Warfare Center
(P&D).
Space Rapid Capabilities Office (SPRCO)
Headquarters Facility (P&D).

0

4,700

0

4,400

HF Antennas, Newport and Stockbridge
Test Annexes.

0

4,200

Combat Arms and Maintenance Complex
(P&D).
KC–46 Alert Facility (P&D) .....................

0

3,300

0

530

H. R. 7776—788
SEC. 4601. MILITARY CONSTRUCTION
(In Thousands of Dollars)
Account
Air Force
Air Force
Air Force

Air Force
Air Force
Air Force
Air Force
Air Force
Air Force
Air Force

Air Force

Air Force
Air Force
Air Force

Air Force
Air Force

Air Force
Air Force

Air Force

Air Force
Air Force
Air Force

Air Force
Air Force

Air Force
Air Force

Air Force

State/Country and
Installation

Project Title

Rygge Air Station
Ohio
Wright Patterson
Air Force Base
Wright Patterson
Air Force Base
Oklahoma
Altus Air Force
Base
Tinker Air Force
Base
Tinker Air Force
Base
Tinker Air Force
Base
Tinker Air Force
Base
Tinker Air Force
Base
Tinker Air Force
Base
South Carolina
Shaw Air Force
Base
South Dakota
Ellsworth Air
Force Base
Ellsworth Air
Force Base
Ellsworth Air
Force Base
Spain
Moro´n Air Base
Tennessee
Arnold Air Force
Base
Texas
Joint Base San
Antonio
Joint Base San
AntonioLackland
Joint Base San
Antonio-Randolph
United Kingdom
Royal Air Force
Lakenheath
Royal Air Force
Molesworth
Royal Air Force
Molesworth
Utah
Hill Air Force
Base
Hill Air Force
Base
Washington
Fairchild Air
Force Base
Fairchild Air
Force Base
Worldwide Unspecified
Unspecified
Worldwide Locations

EDI: Base Perimeter Security Fence ......

8,200

8,200

Child Development Center/School Age
Center.
Human Performance Wing Laboratory
(P&D).

0

29,000

0

4,000

South Gate .................................................

0

4,750

E–7 Operations Center (P&D) .................

0

15,000

30,000

30,000

0

80,000

0

90,000

Facility and Land Acquisition (MROTC)

FY 2023
Request

Conference
Authorized

KC–46A 1–Bay Depot Corrosion Control
Hangar.
KC–46A 2–Bay Program Depot Maintenance Hangar.
KC–46A 3–Bay Depot Maintenance
Hangar (INC).
KC–46A Fuel POL Infrastructure ...........

49,000

49,000

13,600

13,600

RAPCON Facility ......................................

10,000

10,000

B–21 2–Bay LO Restoration Facility
(INC).
B–21 Radio Frequency Facility ................

91,000

41,000

77,000

84,900

B–21 Weapons Generation Facility (INC)

50,000

50,000

EDI: RADR Storage Facility ....................

29,000

29,000

ARC Heater Test Facility Dragon Fire ...

38,000

38,000

BMT Recruit Dormitory 7 (INC) .............

90,000

0

Cost to Complete: BMT Recruit Dormitory 8.

0

5,400

Child Development Center .......................

0

29,000

Cost to Complete: F–35 PGM Facility ....

0

3,100

Cost to Complete: Joint Intelligence
Analysis Complex.
Cost to Complete: Joint Intelligence
Analysis Complex Consolidation, PH3.

0

421,000

0

0

95,000

95,000

84,000

44,000

ADAL KC–135 Flight Simulator .............

0

8,000

Cost to Complete: Consolidate TFI Base
Operations.

0

8,000

Child Development Center Planning &
Design Fund.

0

15,000

GBSD Organic Software Sustain Ctr
(INC).
GBSD Technology and Collaboration
Center.

H. R. 7776—789
SEC. 4601. MILITARY CONSTRUCTION
(In Thousands of Dollars)
Account

State/Country and
Installation

Project Title

FY 2023
Request

Conference
Authorized

Cost to Complete: FY22 Inflation Effects

0

291,818

Cost to Complete: FY23 Inflation Effects

0

309,441

Cost to Complete: Natural Disaster Recovery.

0

0

Improving Military Installation Resilience.

0

20,000

Inflation & Market Adjustment Fund .....

0

0

Lab Revitalization .....................................

0

50,000

Planning & Design ....................................

135,794

160,794

VARLOCS CTC .........................................

0

0

Unspecified Minor Military Construction

66,162

81,162

Cost to Complete: Weapons Storage Facility.
GBSD Integrated Command Center
Wing A.
GBSD Land Acquisition ...........................

0

26,000

95,000

45,000

34,000

34,000

GBSD Missile Handling Complex Wing
A.
Military Working Dog Kennel ..................

47,000

47,000

0

10,000

Military Construction, Air Force Total ..............................................................

2,055,456

3,827,928

Air Force

Air Force

Air Force

Air Force

Air Force

Air Force

Air Force

Air Force

Air Force

Air Force
Air Force
Air Force
Air Force
Air Force

Unspecified
Worldwide Locations
Unspecified
Worldwide Locations
Unspecified
Worldwide Locations
Unspecified
Worldwide Locations
Unspecified
Worldwide Locations
Unspecified
Worldwide Locations
Unspecified
Worldwide Locations
Unspecified
Worldwide Locations
Various Worldwide Locations
Wyoming
F.E. Warren Air
Force Base
F.E. Warren Air
Force Base
F.E. Warren Air
Force Base
F.E. Warren Air
Force Base
F.E. Warren Air
Force Base

DEFENSE-WIDE
Alabama
Defense-Wide
Redstone Arsenal
Defense-Wide

Defense-Wide

Defense-Wide
Defense-Wide

Defense-Wide

Defense-Wide

Redstone Arsenal
(Missile and
Space Intelligence Center)
California
Marine Corps
Mountain Warfare Training
Center Bridgeport
Naval Base Coronado
Naval Base Ventura County,
Point Mugu
Delaware
Dover Air Force
Base
Djibouti
Camp Lemonnier
Florida

MSIC Advanced Analysis Facility Phase
2 (INC).
Backup Power Generation ........................

0

15,000

0

10,700

Microgrid and Backup Power ...................

0

25,560

SOF Operations Support Facility ............

75,712

75,712

Ground Mounted Solar Photovoltaic System.

0

13,360

Armed Services Whole Blood Processing
Laboratory-East Replacement (P&D).

0

350

Enhanced Energy Security and Control
Systems.

0

24,000

H. R. 7776—790
SEC. 4601. MILITARY CONSTRUCTION
(In Thousands of Dollars)
Account
Defense-Wide
Defense-Wide
Defense-Wide
Defense-Wide
Defense-Wide
Defense-Wide

Defense-Wide

Defense-Wide

Defense-Wide
Defense-Wide
Defense-Wide
Defense-Wide
Defense-Wide
Defense-Wide
Defense-Wide
Defense-Wide
Defense-Wide

Defense-Wide
Defense-Wide
Defense-Wide
Defense-Wide
Defense-Wide

Defense-Wide
Defense-Wide
Defense-Wide
Defense-Wide
Defense-Wide
Defense-Wide

Defense-Wide
Defense-Wide
Defense-Wide
Defense-Wide
Defense-Wide

Defense-Wide

Defense-Wide

State/Country and
Installation
Hurlburt Field
MacDill Air Force
Base
MacDill Air Force
Base
Naval Air Station
Jacksonville
Patrick Space
Force Base
Patrick Space
Force Base
Georgia
Fort StewartHunter Army
Airfield
Naval Submarine
Base Kings Bay
Germany
Baumholder
Baumholder
Baumholder
Baumholder
Baumholder
Rhine Ordnance
Barracks
Wiesbaden
Guam
Naval Base Guam
Hawaii
Joint Base Pearl
Harbor-Hickam
Japan
Fleet Activities
Yokosuka
Iwakuni
Kadena Air Base
Yokota Air Base
Yokota Air Base
Kansas
Fort Riley
Kuwait
Camp Arifjan
Maryland
Bethesda Naval
Hospital
Fort Meade
Fort Meade
Fort Meade
North Carolina
Camp Lejeune
Fort Bragg
Fort Bragg
Fort Bragg
South Carolina
Marine Corps Air
Station Beaufort
Marine Corps Recruit Depot Parris Island
Texas
Fort Hood

Project Title

FY 2023
Request

Conference
Authorized

SOF Human Performance Training Center.
SOF Joint MISO Web Operations Facility (P&D).
SOF Operations Integration Facility ......

9,100

9,100

0

8,730

0

50,000

Facility Energy Operations Center Renovation.
Underground Electric Distribution System.
Water Distribution Loop ..........................

0

2,400

0

8,400

0

7,300

Power Generation and Microgrid ............

0

25,400

SCADA Modernization .............................

0

11,200

Baumholder Elementary School ..............
SOF Battalion Annex ...............................
SOF Communications Annex ...................
SOF Operations Annex .............................
SOF Support Annex ..................................
Medical Center Replacement (INC 10) ...

71,000
22,468
9,885
23,768
21,902
299,790

106,700
22,468
9,885
23,768
21,902
299,790

Clay Kaserne Elementary School ............

60,000

104,779

Electrical Distribution System .................

0

34,360

Primary Electrical Distribution ...............

0

25,000

Kinnick High School (INC 2) ...................

20,000

20,000

PDI: Bulk Storage Tanks PH 1 ...............
Lighting Upgrades ....................................
PDI: Bulk Storage Tanks PH I (INC) .....
PDI: Operations and Warehouse Facilities.

85,000
0
44,000
72,154

85,000
780
44,000
72,154

Power Generation and Microgrid ............

0

25,780

Power Generation and Microgrid ............

0

26,850

75,500

75,500

NSAW Mission OPS and Records Center
(INC).
NSAW Recap Building 4 (INC) ................
Reclaimed Water Infrastructure Expansion.

140,000

80,000

378,000
0

318,000
23,310

Lejeune Schools Modernization (P&D) ....
Albritton Middle School Addition (P&D)
SOF Operations Building .........................
SOF Supply Support Activity ..................

0
0
18,870
15,600

6,600
7,500
18,870
15,600

Fuel Pier Replacement (P&D) .................

0

900

Ambulatory Care Center Replacement
(Dental) (P&D).

0

4,800

Power Generation and Microgrid ............

0

31,500

MEDCEN Addition / Alteration (INC 6)

H. R. 7776—791
SEC. 4601. MILITARY CONSTRUCTION
(In Thousands of Dollars)
Account
Defense-Wide
Defense-Wide

Defense-Wide
Defense-Wide

Defense-Wide

Defense-Wide
Defense-Wide

Defense-Wide

Defense-Wide

Defense-Wide

Defense-Wide

Defense-Wide

Defense-Wide

Defense-Wide

Defense-Wide

Defense-Wide

Defense-Wide

Defense-Wide

Defense-Wide

Defense-Wide

Defense-Wide

Defense-Wide

Defense-Wide

State/Country and
Installation

Project Title

FY 2023
Request

Conference
Authorized

Joint Base San
Antonio
U.S. Army Reserve Center,
Conroe
Virginia
Dam Neck
Naval Support Activity Hampton
Roads
Naval Support Activity Hampton
Roads
NCE Springfield,
Ft Belvoir
Pentagon
Worldwide Unspecified
Unspecified
Worldwide Locations
Unspecified
Worldwide Locations
Unspecified
Worldwide Locations
Unspecified
Worldwide Locations
Unspecified
Worldwide Locations
Unspecified
Worldwide Locations
Unspecified
Worldwide Locations
Unspecified
Worldwide Locations
Unspecified
Worldwide Locations
Unspecified
Worldwide Locations
Unspecified
Worldwide Locations
Unspecified
Worldwide Locations
Unspecified
Worldwide Locations
Unspecified
Worldwide Locations
Unspecified
Worldwide Locations
Unspecified
Worldwide Locations

Ambulatory Care Center Replacement
(Dental).
Power Generation and Microgrid ............

58,600

58,600

0

9,600

SOF Operations Building Addition .........
Backup Power Generation ........................

26,600
0

26,600
3,400

Primary Distribution Substation .............

0

19,000

Chilled Water Redundancy ......................

0

1,100

Commercial Vehicle Inspection Facility ..

18,000

18,000

Cost to Complete: FY22 Inflation Effects

0

233,520

Cost to Complete: FY22 Inflation Effects
(DHA).

0

0

Cost to Complete: FY22 Inflation Effects
(DIA).

0

0

Cost to Complete: FY22 Inflation Effects
(DLA).

0

0

Cost to Complete: FY22 Inflation Effects
(DODEA).

0

0

Cost to Complete: FY22 Inflation Effects
(ERCIP).

0

81,070

Cost to Complete: FY22 Inflation Effects
(NSA).

0

0

Cost to Complete: FY22 Inflation Effects
(OSD).

0

0

Cost to Complete: FY22 Inflation Effects
(SOCOM).

0

0

Cost to Complete: FY22 Inflation Effects
(WHS).

0

0

Cost to Complete: FY23 Inflation Effects

0

120,730

Cost to Complete: FY23 Inflation Effects
(DHA).

0

0

Cost to Complete: FY23 Inflation Effects
(DLA).

0

0

Cost to Complete: FY23 Inflation Effects
(DODEA).

0

0

Cost to Complete: FY23 Inflation Effects
(ERCIP).

0

65,800

Cost to Complete: FY23 Inflation Effects
(OSD).

0

0

H. R. 7776—792
SEC. 4601. MILITARY CONSTRUCTION
(In Thousands of Dollars)
Account
Defense-Wide

Defense-Wide

Defense-Wide

Defense-Wide

Defense-Wide

Defense-Wide

Defense-Wide

Defense-Wide

Defense-Wide

Defense-Wide

Defense-Wide

Defense-Wide

Defense-Wide

Defense-Wide

Defense-Wide

Defense-Wide

Defense-Wide

Defense-Wide

Defense-Wide

Defense-Wide

Defense-Wide

Defense-Wide

State/Country and
Installation
Unspecified
Worldwide
cations
Unspecified
Worldwide
cations
Unspecified
Worldwide
cations
Unspecified
Worldwide
cations
Unspecified
Worldwide
cations
Unspecified
Worldwide
cations
Unspecified
Worldwide
cations
Unspecified
Worldwide
cations
Unspecified
Worldwide
cations
Unspecified
Worldwide
cations
Unspecified
Worldwide
cations
Unspecified
Worldwide
cations
Unspecified
Worldwide
cations
Unspecified
Worldwide
cations
Unspecified
Worldwide
cations
Unspecified
Worldwide
cations
Unspecified
Worldwide
cations
Unspecified
Worldwide
cations
Unspecified
Worldwide
cations
Unspecified
Worldwide
cations
Unspecified
Worldwide
cations
Unspecified
Worldwide
cations

FY 2023
Request

Project Title

Conference
Authorized

Cost to Complete: FY23 Inflation Effects
(SOCOM).

0

0

Lo-

Cost to Complete: FY23 Inflation Effects
(WHS).

0

0

Lo-

DLA Planning & Design (DLA) ...............

30,000

30,000

EDI: NATO Eastern Flank Infrastructure Support (P&D).

0

50,000

Lo-

Energy Resilience and Conserv. Invest.
Prog..

329,000

0

Lo-

Exercise-Related Minor Construction .....

0

16,130

Exercise-Related
(EUCOM).

Minor

Construction

0

10,100

Lo-

Exercise-Related Minor
(INDOPACOM).

Construction

0

33,360

Lo-

Exercise-Related
(TJS).

Minor

Construction

18,644

18,644

Lo-

Exercise-Related Minor
P&D (EUCOM).

Construction

0

500

Lo-

Improving Military Installation Resilience.

0

15,000

Lo-

INDOPACOM- Red Hill Fuel Distribution (P&D).

0

25,000

Lo-

Inflation & Market Adjustment Fund .....

0

0

Planning & Design (Defense-Wide) .........

26,689

51,689

Planning & Design (DHA) ........................

33,227

33,227

Planning & Design (DODEA) ..................

20,086

20,086

Planning & Design (ERCIP) ....................

224,250

224,250

Planning & Design (MDA) .......................

47,063

47,063

Planning & Design (NSA) ........................

9,618

9,618

Planning & Design (SOCOM) ..................

26,978

26,978

Planning & Design (TJS) .........................

2,360

2,360

Planning & Design (WHS) .......................

2,106

2,106

Lo-

Lo-

Lo-

Lo-

Lo-

Lo-

Lo-

Lo-

Lo-

Lo-

Lo-

Lo-

H. R. 7776—793
SEC. 4601. MILITARY CONSTRUCTION
(In Thousands of Dollars)
State/Country and
Installation

Project Title

Unspecified
Worldwide Locations
Unspecified
Worldwide Locations
Unspecified
Worldwide Locations
Unspecified
Worldwide Locations
Unspecified
Worldwide Locations
Unspecified
Worldwide Locations
Various Worldwide Locations

Unspecified Minor Military Construction
(Defense-Wide).

3,000

23,000

Unspecified Minor Military Construction
(DHA).

15,000

15,000

Unspecified Minor Military Construction
(DODEA).

8,000

8,000

Unspecified Minor Military Construction
(INDOPACOM).

0

16,130

Unspecified Minor Military Construction
(NSA).

6,000

6,000

Unspecified Minor Military Construction
(SOCOM).

36,726

36,726

Unspecified Minor Military Construction
(DLA).

31,702

31,702

Military Construction, Defense-Wide Total .......................................................

2,416,398

3,183,097

Aircraft Maintenance Hangar ..................

0

63,000

Automated Multipurpose Machine Gun
Range.

0

9,500

National Guard Readiness Center ..........

16,000

16,000

Automated Multipurpose Machine Gun
Range.
Scout Recce Gunnery Complex ................

0

8,500

0

16,200

National Guard Readiness Center ..........

0

21,000

National Guard Vehicle Maintenance
Shop.

12,000

12,000

National Guard/Reserve Center Building
(P&D).

0

2,100

National Guard Readiness Center Addition.

29,000

29,000

National Guard Readiness Center Alteration (P&D).

0

3,500

National Guard Readiness Center ..........

20,000

20,000

National Guard Readiness Center ..........

15,000

15,000

National Guard Readiness Center (P&D)

0

1,650

Energy Resilience Conservation Investment Program Project (P&D).

0

765

Southern
(P&D).

0

3,000

Account
Defense-Wide

Defense-Wide

Defense-Wide

Defense-Wide

Defense-Wide

Defense-Wide

Defense-Wide

ARMY NATIONAL GUARD
Alaska
Army National
Joint Base ElmenGuard
dorf-Richardson
Arkansas
Army National
Camp Robinson
Guard
Delaware
Army National
River Road TrainGuard
ing Site
Florida
Army National
Camp Blanding
Guard
Army National
Camp Blanding
Guard
Army National
Gainesville
Guard
Army National
Palm Coast
Guard
Flagler Rc Fms
9
Georgia
Army National
Fort Gordon
Guard
Hawaii
Army National
Kalaeloa
Guard
Illinois
Army National
Chicago
Guard
Indiana
Army National
Atlanta Readiness
Guard
Center
Iowa
Army National
West Des Moines
Guard
Armory
Louisiana
Army National
Abbeville
Guard
Army National
Camp Beauregard
Guard
Maine
Army National
Saco
Guard

Maine

Readiness

FY 2023
Request

Center

Conference
Authorized

H. R. 7776—794
SEC. 4601. MILITARY CONSTRUCTION
(In Thousands of Dollars)
Account
Army National
Guard
Army National
Guard
Army National
Guard
Army National
Guard

Army National
Guard
Army National
Guard
Army National
Guard
Army National
Guard
Army National
Guard
Army National
Guard
Army National
Guard
Army National
Guard
Army National
Guard
Army National
Guard
Army National
Guard

Army National
Guard
Army National
Guard
Army National
Guard
Army National
Guard
Army National
Guard
Army National
Guard
Army National
Guard
Army National
Guard

State/Country and
Installation
Woodville Training Center
Michigan
Grayling Airfield
Minnesota
New Ulm Armory
and Fms
Missouri
Aviation Classification Repair
Activity Depot
Nevada
Harry Reid Training Center
New Hampshire
Concord
New Mexico
Rio Rancho
New York
Glenmore Rd Armory/Fms 17
Lexington Armory
North Carolina
Mcleansville
Camp Burton
Road
Morrisville
Oregon
Camp Umatilla
Pennsylvania
Fort Indiantown
Gap
New Castle
Puerto Rico
Camp Santiago
Joint Maneuver
Training Center
Tennessee
Smyrna Volunteer
Training Site
Vermont
Bennington
Ethan Allen Air
Force Base
Ethan Allen Air
Force Base
Ethan Allen Firing Range
Ethan Allen Firing Range
West Virginia
Buckhannon
Brushy Fork
Martinsburg
Worldwide Unspecified

FY 2023
Request

Project Title

Conference
Authorized

Range Complex (P&D) ..............................

0

1,400

National Guard Readiness Center ..........

16,000

16,000

National Guard Readiness Center ..........

17,000

17,000

Aircraft Maintenance Hangar Addition
Phase IV (P&D).

0

5,600

National Guard Readiness Center Add/
Alt.

18,000

18,000

National Guard Wellness Center (P&D)

0

2,000

Vehicle Maintenance Shop (P&D) ...........

0

600

National Guard Vehicle Maintenance
Shop.
National Guard Readiness Center
Addition/ Alteration (P&D).

17,000

17,000

0

3,580

National Guard Vehicle Maintenance
Shop.

15,000

15,000

Army Aviation Flight Facility #1 (P&D)

0

4,500

Collective
Housing.

Unaccompanied

0

14,243

Eastern ARNG Aviation Training Site
(EAATS) Post-Initial Military Training
Unaccompanied Housing (P&D).
National Guard Readiness Center (P&D)

0

2,700

0

2,360

Maintenance

14,500

14,500

Army Maintenance Hangar (P&D) ..........

0

780

National Guard Readiness Center ..........

14,800

0

Civil Support Team Facility (P&D) .........

0

1,300

Micro-Grid System (P&D) ........................

0

1,170

Cantonment Area for Training (P&D) ....

0

3,500

Castle Trail Bypass (All Season Road)
(P&D).

0

500

National Guard Readiness Center Add/
Alt.
National Guard Readiness Center (P&D)

14,000

14,000

0

1,500

Training

Engineering/Housing
Shops (DPW).

H. R. 7776—795
SEC. 4601. MILITARY CONSTRUCTION
(In Thousands of Dollars)
Account
Army National
Guard
Army National
Guard
Army National
Guard
Army National
Guard
Army National
Guard
Army National
Guard
Army National
Guard
Army National
Guard
Army National
Guard

Army National
Guard
Army National
Guard

State/Country and
Installation
Unspecified
Worldwide Locations
Unspecified
Worldwide Locations
Unspecified
Worldwide Locations
Unspecified
Worldwide Locations
Unspecified
Worldwide Locations
Unspecified
Worldwide Locations
Unspecified
Worldwide Locations
Unspecified
Worldwide Locations
Unspecified
Worldwide Locations
Wyoming
Camp Guernsey
TS NG Sheridan

Project Title

Army Reserve

Army Reserve
Army Reserve
Army Reserve

Army Reserve
Army Reserve

Army Reserve
Army Reserve

Michigan
Southfield
North Carolina
Asheville
Ohio
Wright-Patterson
Air Force Base
Wright-Patterson
Air Force Base
Puerto Rico
Fort Buchanan
Washington
Yakima
Wisconsin
Fort McCoy
Fort McCoy
Worldwide Unspecified

Conference
Authorized

Cost to Complete: FY21 Inflation Effects

0

63,825

Cost to Complete: FY22 Inflation Effects

0

89,786

Cost to Complete: FY23 Inflation Effects

0

137,339

Cost to Complete: FY23 Inflation Effects
(P&D).

0

0

Cost to Complete: FY23 Inflation Effects
(UMMC).

0

0

Inflation & Market Adjustment Fund .....

0

0

Planning & Design ....................................

28,245

38,245

Unaccompanied Barracks Planning and
Design.

0

15,243

Unspecified Minor Military Construction

35,933

55,933

Aviation Operations and Fire Rescue
Building.
National Guard Vehicle Maintenance
Shop.

0

19,500

14,800

14,800

297,278

813,119

Area Maintenance Support Activity ........

0

13,000

Army Reserve Center/AMSA ...................

46,000

46,000

Army Reserve Center (P&D) ....................

0

5,000

Cost to Complete: Multi-Purpose Machine Gun Range.

0

3,000

Cost to Complete: Area Maintenance
Shop.

0

1,600

Cost to Complete: Army Reserve Center

0

2,000

Area Maintenance Support Activity ........

0

16,000

Cost to Complete: Army Reserve Center

0

2,000

Army Reserve Center ...............................

24,000

24,000

Equipment Concentration Site Warehouse.

0

22,000

Transient Training Enlisted Barracks ....
Transient Training Officer Barracks .......

0
0

38,000
26,000

Military Construction, Army National Guard Total .........................................
ARMY RESERVE
California
Army Reserve
Camp Pendleton
Florida
Army Reserve
Perrine
Georgia
Army Reserve
Dobbins Air Reserve Base
Massachusetts
Army Reserve
Fort Devens

FY 2023
Request

H. R. 7776—796
SEC. 4601. MILITARY CONSTRUCTION
(In Thousands of Dollars)
Account

State/Country and
Installation

Project Title

FY 2023
Request

Conference
Authorized

Barracks Planning and Design ................

0

3,000

Cost to Complete: FY21 Inflation Effects

0

28,950

Cost to Complete: FY22 Inflation Effects

0

16,000

Cost to Complete: FY23 Inflation Effects

0

93,000

Cost to Complete: FY23 Inflation Effects
(P&D).

0

0

Lo-

Cost to Complete: FY23 Inflation Effects
(UMMC).

0

0

Lo-

Inflation & Market Adjustment Fund .....

0

0

Planning & Design ....................................

0

20,000

Planning & Design ....................................

9,829

29,829

Unaccompanied Barracks Planning and
Design.

0

20,000

Unspecified Minor Military Construction

20,049

40,049

Military Construction, Army Reserve Total ......................................................

99,878

449,428

0

40,000

0

24,300

0

10,400

0

7,854

0

0

0

0

0

0

0

0

Army Reserve

Army Reserve

Army Reserve

Army Reserve

Army Reserve

Army Reserve

Army Reserve

Army Reserve

Army Reserve

Army Reserve

Army Reserve

Unspecified
Worldwide
cations
Unspecified
Worldwide
cations
Unspecified
Worldwide
cations
Unspecified
Worldwide
cations
Unspecified
Worldwide
cations
Unspecified
Worldwide
cations
Unspecified
Worldwide
cations
Unspecified
Worldwide
cations
Unspecified
Worldwide
cations
Unspecified
Worldwide
cations
Unspecified
Worldwide
cations

Lo-

Lo-

Lo-

Lo-

Lo-

Lo-

Lo-

Lo-

Lo-

NAVY RESERVE & MARINE CORPS RESERVE
Hawaii
C–40 Aircraft Maintenance Hangar ........
Marine Corps
Navy/Marine
Base Kaneohe
Corps ReBay
serve
Michigan
Marine Forces Re- Organic Supply Facilities .........................
Navy/Marine
serve Battle
Corps ReCreek
serve
Virginia
Marine Forces Re- G/ATOR Support Facilities ......................
Navy/Marine
serve Dam Neck
Corps ReVirginia Beach
serve
Worldwide Unspecified
Cost to Complete: FY22 Inflation Effects
Unspecified
Navy/Marine
Worldwide LoCorps Recations
serve
Cost to Complete: FY23 Inflation Effects
Unspecified
Navy/Marine
Worldwide LoCorps Recations
serve
Inflation & Market Adjustment Fund .....
Unspecified
Navy/Marine
Worldwide LoCorps Recations
serve
Cost to Complete: FY23 Inflation Effects
Unspecified
Navy/Marine
(UMMC).
Worldwide LoCorps Recations
serve
Cost to Complete: FY22 Inflation Effects
Unspecified
Navy/Marine
(P&D).
Worldwide LoCorps Recations
serve

H. R. 7776—797
SEC. 4601. MILITARY CONSTRUCTION
(In Thousands of Dollars)
Account

State/Country and
Installation

Project Title

Unspecified
Worldwide Locations
Unspecified
Worldwide Locations
Unspecified
Worldwide Locations

Cost to Complete: FY23 Inflation Effects
(P&D).

FY 2023
Request

Conference
Authorized
0

0

27,747

18,747

USMCR Planning & Design .....................

2,590

2,590

Military Construction, Navy Reserve Total ......................................................

30,337

103,891

Security and Services Training Facility ..

7,500

0

F–35 Weapons Load Crew Training ........

0

9,200

Base Entry Complex .................................

0

12,000

Land Acquisition .......................................

10,000

10,000

F–35 Construct Flight Simulator Facility

22,200

22,200

F–35 Munitions Maintenance & Inspection Facility (P&D).

0

530

F–35 Munitions Storage Area Administration & Pad (P&D).

0

770

Maintenance Hangar & Shops (P&D) .....

0

2,500

Munitions Maintenance & Storage Complex.

12,800

12,800

Munitions Administrative Facility (P&D)

0

1,650

Combat Arms Training and Maintenance Facility (P&D).

0

730

Consolidated Air Operations Group
(157th Air Operations Group) (P&D).

0

2,100

Maintenance Hangar (P&D) ....................

0

3,400

Parking Apron (P&D) ...............................

0

2,000

Small Arms Range (P&D) ........................

0

2,000

ADAL Main Hangar (P&D) ......................

0

3,000

Navy/Marine
Corps Reserve
Navy/Marine
Corps Reserve
Navy/Marine
Corps Reserve

AIR NATIONAL GUARD
Alabama
Air National
Birmingham
Guard
International
Airport
Air National
Montgomery ReGuard
gional Airport
Arizona
Air National
Morris Air NaGuard
tional Guard
Base
Air National
Tucson InterGuard
national Airport
Florida
Air National
Jacksonville
Guard
International
Airport
Air National
Jacksonville
Guard
International
Airport
Air National
Jacksonville
Guard
International
Airport
Illinois
Air National
Scott Air Force
Guard
Base
Indiana
Air National
Fort Wayne InterGuard
national Airport
Louisiana
Air National
New Orleans
Guard
Missouri
Air National
Jefferson BarGuard
racks Air Guard
Station
Air National
Jefferson BarGuard
racks Air Guard
Station
Air National
Rosecrans Air NaGuard
tional Guard
Base
Air National
Rosecrans Air NaGuard
tional Guard
Base
New Hampshire
Air National
Pease Air NaGuard
tional Guard
Base
New Jersey
Air National
Atlantic City
Guard
International
Airport
Ohio

MCNR Unspecified Minor Construction

H. R. 7776—798
SEC. 4601. MILITARY CONSTRUCTION
(In Thousands of Dollars)
Account

State/Country and
Installation

Project Title

Air National
Guard

Rickenbacker Air
National Guard
Base
Rhode Island
Quonset State
Airport
Tennessee
McGhee Tyson
Airport
Vermont
Burlington International Airport
West Virginia
Mclaughlin Air
National Guard
Base
Mclaughlin Air
National Guard
Base
Mclaughlin Air
National Guard
Base
Worldwide Unspecified
Unspecified
Worldwide Locations
Unspecified
Worldwide Locations
Unspecified
Worldwide Locations
Unspecified
Worldwide Locations
Unspecified
Worldwide Locations

Small Arms Range ....................................

0

8,000

Consolidated Headquarters Medical &
Dining Facility.

0

35,000

KC–135 Maintenance Shops ....................

23,800

23,800

Cyber Operations Squadron Building
(P&D).

0

1,000

C–130J Apron Expansion .........................

0

10,000

Indoor Small Arms Range (P&D) ............

0

640

Squadron Operations Building (P&D) .....

0

1,500

Cost to Complete: FY22 Inflation Effects

0

67,800

Cost to Complete: FY23 Inflation Effects

0

33,900

Inflation & Market Adjustment Fund .....

0

0

Planning & Design ....................................

28,412

40,412

Unspecified Minor Military Construction

44,171

57,171

Military Construction, Air National Guard Total .............................................

148,883

364,103

610th CACS Command & Control Facility.

0

8,000

940 ARW Squad OPS/AMU .....................

33,000

0

Taxiway Golf Extension (P&D) ................

0

1,900

Aeromedical Evacuation Training Facility.

0

10,000

Combined Operations and Alert Facility
(P&D).

0

2,800

10th Flight Test Squadron Facility .........

0

12,500

Intelligence Group Facility ......................

0

10,500

Air National
Guard
Air National
Guard
Air National
Guard
Air National
Guard
Air National
Guard
Air National
Guard

Air National
Guard
Air National
Guard
Air National
Guard
Air National
Guard
Air National
Guard

AIR FORCE RESERVE
Arizona
Air Force ReDavis Monthan
serve
Air Force Base
California
Air Force ReBeale Air Force
serve
Base
Massachusetts
Air Force ReWestover Air Reserve
serve Base
Mississippi
Air Force ReKeesler Air Force
serve
Base
New York
Air Force ReNiagara Falls Arserve
senal
Oklahoma
Air Force ReTinker Air Force
serve
Base
Virginia
Air Force ReLangley Air Force
serve
Base
Worldwide Unspecified

FY 2023
Request

Conference
Authorized

H. R. 7776—799
SEC. 4601. MILITARY CONSTRUCTION
(In Thousands of Dollars)
Account

State/Country and
Installation

Project Title

FY 2023
Request

Conference
Authorized

Cost to Complete: FY22 Inflation Effects

0

11,800

Cost to Complete: FY23 Inflation Effects

0

37,500

Inflation & Market Adjustment Fund .....

0

0

Planning & Design ....................................

11,773

21,773

Unspecified Minor Military Construction

11,850

31,850

Unspecified UPL Project ..........................

0

0

Military Construction, Air Force Reserve Total ...............................................

56,623

148,623

0

0

210,139

210,139

210,139

210,139

0

48,100

0

57,222

0

16,500

0
57,000

20,000
57,000

0

13,000

0

16,510

0

7,280

0

27,750

95,000

40,000

0

47,060

0

39,400

0

138,783

0

202,682

Air Force Reserve
Air Force Reserve
Air Force Reserve
Air Force Reserve
Air Force Reserve
Air Force Reserve

Unspecified
Worldwide
cations
Unspecified
Worldwide
cations
Unspecified
Worldwide
cations
Unspecified
Worldwide
cations
Unspecified
Worldwide
cations
Unspecified
Worldwide
cations

Lo-

Lo-

Lo-

Lo-

Lo-

Lo-

NATO SECURITY INVESTMENT PROGRAM
Worldwide Unspecified
Inflation & Market Adjustment Fund .....
NATO
NATO Security
Investment Program
NATO Security Investment Program ......
NATO
NATO Security
Investment Program
NATO Security Investment Program Total ......................................................
FAMILY HOUSING CONSTRUCTION, ARMY
Germany
FH Con, Army
Baumholder
Cost to Complete: FY19 Family Housing
New Construction.
FH Con, Army
Baumholder
Cost to Complete: FY20 Family Housing
New Construction.
FH Con, Army
Baumholder
Cost to Complete: FY23 Family Housing
New Construction.
FH Con, Army
Baumholder
Family Housing Improvements ...............
FH Con, Army
Baumholder
Family Housing Replacement Construction.
FH Con, Army
Vilseck
Cost to Complete: Family Housing New
Construction.
Italy
FH Con, Army
Vicenza
Cost to Complete: FY21 Family Housing
New Construction.
FH Con, Army
Vicenza
Cost to Complete: FY22 Family Housing
New Construction.
FH Con, Army
Vicenza
Cost to Complete: FY23 Family Housing
New Construction.
FH Con, Army
Vicenza
Family Housing New Construction .........
Kwajalein
FH Con, Army
Kwajalein Atoll
Cost to Complete: Family Housing Replacement.
FH Con, Army
Kwajalein Atoll
Cost to Complete: Family Housing Replacement (FY21).
Worldwide Unspecified
Cost to Complete: Family Housing ConFH Con, Army
Unspecified
struction.
Worldwide Locations
Cost to Complete: FY21 Inflation Effects
FH Con, Army
Unspecified
Worldwide Locations

H. R. 7776—800
SEC. 4601. MILITARY CONSTRUCTION
(In Thousands of Dollars)
Account

State/Country and
Installation

Project Title

FY 2023
Request

Conference
Authorized

Cost to Complete: FY22 Inflation Effects

0

29,800

Cost to Complete: FY23 Inflation Effects

0

73,050

Cost to Complete: FY23 Inflation Effects
(P&D).

0

0

Family Housing P&D ...............................

17,339

17,339

Inflation & Market Adjustment Fund .....

0

0

Family Housing Construction, Army Total .......................................................

169,339

851,476

Furnishings ...............................................

22,911

22,911

Housing Privatization Support ................

65,740

70,740

Inflation & Market Adjustment Fund .....

0

0

Leasing .......................................................

127,499

127,499

Maintenance ..............................................

117,555

117,555

Management ..............................................

45,718

50,718

Miscellaneous ............................................

559

559

Services ......................................................

9,580

9,580

Utilities ......................................................

46,849

46,849

Family Housing Operation and Maintenance, Army Total .............................

436,411

446,411

7,043

7,043

74,540

74,540

86,390

98,485

93,259

106,315

68,985

68,985

FH Con, Army

FH Con, Army

FH Con, Army

FH Con, Army

FH Con, Army

Unspecified
Worldwide
cations
Unspecified
Worldwide
cations
Unspecified
Worldwide
cations
Unspecified
Worldwide
cations
Unspecified
Worldwide
cations

Lo-

Lo-

Lo-

Lo-

Lo-

FAMILY HOUSING O&M, ARMY
Worldwide Unspecified
FH Ops, Army
Unspecified
Worldwide Locations
FH Ops, Army
Unspecified
Worldwide Locations
FH Ops, Army
Unspecified
Worldwide Locations
FH Ops, Army
Unspecified
Worldwide Locations
FH Ops, Army
Unspecified
Worldwide Locations
FH Ops, Army
Unspecified
Worldwide Locations
FH Ops, Army
Unspecified
Worldwide Locations
FH Ops, Army
Unspecified
Worldwide Locations
FH Ops, Army
Unspecified
Worldwide Locations

FAMILY HOUSING CONSTRUCTION, NAVY & MARINE CORPS
District of Columbia
FH Con, Navy
United States Ma- Design ........................................................
rine Corps
Headquarters
FH Con, Navy
United States Ma- Improvements ............................................
rine Corps
Headquarters
Guam
FH Con, Navy
Naval Support Ac- Replace Andersen Housing PH IV ...........
tivity Andersen
FH Con, Navy
Naval Support Ac- Replace Andersen Housing PH V ............
tivity Andersen
FH Con, Navy
Naval Support Ac- Replace Andersen Housing PH VI ...........
tivity Andersen

H. R. 7776—801
SEC. 4601. MILITARY CONSTRUCTION
(In Thousands of Dollars)
Account

State/Country and
Installation
Worldwide Unspecified
Unspecified
Worldwide Locations
Unspecified
Worldwide Locations
Unspecified
Worldwide Locations
Unspecified
Worldwide Locations

Project Title

FY 2023
Request

Conference
Authorized

Cost to Complete: FY22 Inflation Effects

0

0

Cost to Complete: FY23 Inflation Effects

0

45,244

Inflation & Market Adjustment Fund .....

0

0

USMC DPRI/Guam Planning & Design ..

7,080

7,080

Family Housing Construction, Navy and Marine Corps Total ........................

337,297

407,692

16,182

16,182

61,605

66,605

0

0

66,333

66,333

105,470

105,470

59,312

64,312

411

411

16,494

16,494

42,417

42,417

368,224

378,224

25,492

25,492

150,685

150,685

52,003

52,003

0

3,800

1,878

1,878

FH Con, Navy

FH Con, Navy

FH Con, Navy

FH Con, Navy

FAMILY HOUSING O&M, NAVY & MARINE CORPS
Worldwide Unspecified
Furnishings ...............................................
FH Ops, Navy
Unspecified
Worldwide Locations
Housing Privatization Support ................
FH Ops, Navy
Unspecified
Worldwide Locations
Inflation & Market Adjustment Fund .....
FH Ops, Navy
Unspecified
Worldwide Locations
Leasing .......................................................
FH Ops, Navy
Unspecified
Worldwide Locations
Maintenance ..............................................
FH Ops, Navy
Unspecified
Worldwide Locations
Management ..............................................
FH Ops, Navy
Unspecified
Worldwide Locations
Miscellaneous ............................................
FH Ops, Navy
Unspecified
Worldwide Locations
Services ......................................................
FH Ops, Navy
Unspecified
Worldwide Locations
Utilities ......................................................
FH Ops, Navy
Unspecified
Worldwide Locations
Family Housing Operation and Maintenance, Navy and Marine Corps Total
FAMILY HOUSING CONSTRUCTION, AIR FORCE
Delaware
FH Con, Air
Dover Air Force
MHPI Restructure ....................................
Force
Base
Florida
FH Con, Air
Tyndall Air Force AETC Restructuring .................................
Force
Base
Illinois
FH Con, Air
Scott Air Force
MHPI Restructure ....................................
Force
Base
Japan
FH Con, Air
Kadena Air Base
Family Housing North Terrance ImForce
provement, Phase 2 (4 Units).
Maryland
FH Con, Air
Andrews Air
MHPI Equity Contribution CMSSF
Force
Force Base
House.

H. R. 7776—802
SEC. 4601. MILITARY CONSTRUCTION
(In Thousands of Dollars)
Account

FH Con, Air
Force
FH Con, Air
Force

State/Country and
Installation
Worldwide Unspecified
Unspecified
Worldwide
Unspecified
Worldwide Locations
Unspecified
Worldwide Locations

Project Title

FY 2023
Request

Conference
Authorized

Family Housing Construction P&D .........

0

15,000

Inflation & Market Adjustment Fund .....

0

0

Planning & Design ....................................

2,730

2,730

Family Housing Construction, Air Force Total .................................................

232,788

251,588

27,379

27,379

33,517

38,517

0

0

7,882

7,882

150,375

150,375

77,042

82,042

2,240

2,240

10,570

10,570

46,217

46,217

355,222

365,222

87

87

656

656

13,306

13,306

31,849

31,849

34

34

15

15

FH Con, Air
Force

FAMILY HOUSING O&M, AIR FORCE
Worldwide Unspecified
Furnishings ...............................................
FH Ops, Air
Unspecified
Force
Worldwide Locations
Housing Privatization ...............................
FH Ops, Air
Unspecified
Force
Worldwide Locations
Inflation & Market Adjustment Fund .....
FH Ops, Air
Unspecified
Force
Worldwide Locations
Leasing .......................................................
FH Ops, Air
Unspecified
Force
Worldwide Locations
Maintenance ..............................................
FH Ops, Air
Unspecified
Force
Worldwide Locations
Management ..............................................
FH Ops, Air
Unspecified
Force
Worldwide Locations
Miscellaneous ............................................
FH Ops, Air
Unspecified
Force
Worldwide Locations
Services ......................................................
FH Ops, Air
Unspecified
Force
Worldwide Locations
Utilities ......................................................
FH Ops, Air
Unspecified
Force
Worldwide Locations
Family Housing Operation and Maintenance, Air Force Total .......................
FAMILY HOUSING O&M, DEFENSE-WIDE
Worldwide Unspecified
Furnishings ...............................................
FH Ops, DeUnspecified
fense-Wide
Worldwide Locations
Furnishings ...............................................
FH Ops, DeUnspecified
fense-Wide
Worldwide Locations
Leasing .......................................................
FH Ops, DeUnspecified
fense-Wide
Worldwide Locations
Leasing .......................................................
FH Ops, DeUnspecified
fense-Wide
Worldwide Locations
Maintenance ..............................................
FH Ops, DeUnspecified
fense-Wide
Worldwide Locations
Utilities ......................................................
FH Ops, DeUnspecified
fense-Wide
Worldwide Locations

H. R. 7776—803
SEC. 4601. MILITARY CONSTRUCTION
(In Thousands of Dollars)
State/Country and
Installation

Project Title

Unspecified
Worldwide Locations

Utilities ......................................................

4,166

4,166

Family Housing Operation and Maintenance, Defense-Wide Total ................

50,113

50,113

6,442

6,442

0

0

6,442

6,442

494

494

494

494

67,706

117,706

0

0

67,706

117,706

106,664

156,664

0

0

106,664

156,664

107,311

157,311

0

0

107,311

157,311

Account
FH Ops, Defense-Wide

FAMILY HOUSING IMPROVEMENT FUND
Worldwide Unspecified
Administrative Expenses—FHIF .............
FHIF
Unspecified
Worldwide Locations
Inflation & Market Adjustment Fund .....
FHIF
Unspecified
Worldwide Locations
Family Housing Improvement Fund Total ........................................................
UNACCOMPANIED HOUSING IMPROVEMENT FUND
Worldwide Unspecified
Administrative Expenses—UHIF ............
UHIF
Unspecified
Worldwide Locations
Unaccompanied Housing Improvement Fund Total .........................................
BASE REALIGNMENT AND CLOSURE, ARMY
Worldwide Unspecified
Base Realignment & Closure ...................
BRAC, Army
Unspecified
Worldwide Locations
Inflation & Market Adjustment Fund .....
BRAC, Army
Unspecified
Worldwide Locations
Base Realignment and Closure—Army Total ...................................................
BASE REALIGNMENT AND CLOSURE, NAVY
Worldwide Unspecified
Base Realignment & Closure ...................
BRAC, Navy
Unspecified
Worldwide Locations
Inflation & Market Adjustment Fund .....
BRAC, Navy
Unspecified
Worldwide Locations
Base Realignment and Closure—Navy Total ....................................................
BASE REALIGNMENT AND CLOSURE, AIR FORCE
Worldwide Unspecified
Base Realignment & Closure ...................
BRAC, Air
Unspecified
Force
Worldwide Locations
Inflation & Market Adjustment Fund .....
BRAC, Air
Unspecified
Force
Worldwide Locations
Base Realignment and Closure—Air Force Total .............................................
BASE REALIGNMENT AND CLOSURE, DEFENSE-WIDE
Worldwide Unspecified

FY 2023
Request

Conference
Authorized

H. R. 7776—804
SEC. 4601. MILITARY CONSTRUCTION
(In Thousands of Dollars)
Account

State/Country and
Installation

Project Title

BRAC, DefenseWide

Unspecified
Worldwide Locations
Unspecified
Worldwide Locations

Inflation & Market Adjustment Fund .....

0

0

INT–4: DLA Activities ..............................

3,006

3,006

Base Realignment and Closure—Defense-wide Total ......................................

3,006

3,006

Total, Military Construction .........................................................................

12,153,965

19,485,723

BRAC, DefenseWide

FY 2023
Request

Conference
Authorized

TITLE XLVII—DEPARTMENT OF ENERGY
NATIONAL SECURITY PROGRAMS
SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS.
SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
(In Thousands of Dollars)
Program

Discretionary Summary by Appropriation
Energy and Water Development and Related Agencies
Appropriation Summary:
Energy Programs
Nuclear Energy ..............................................................

FY 2023
Request

Conference
Authorized

156,600

156,600

Atomic Energy Defense Activities
National Nuclear Security Administration:
Weapons Activities ..................................................
Defense Nuclear Nonproliferation .........................
Naval Reactors ........................................................
Federal Salaries and Expenses ..............................
Total, National Nuclear Security Administration ..............................................................................

16,486,298
2,346,257
2,081,445
496,400

17,359,798
2,353,257
2,081,445
496,400

21,410,400

22,290,900

Defense Environmental Cleanup ..................................

6,914,532

6,802,611

Defense Uranium Enrichment D&D ............................

0

0

Other Defense Activities ................................................

978,351

978,351

Total, Atomic Energy Defense Activities .....................

29,303,283

30,071,862

Total, Discretionary Funding .......................................................

29,459,883

30,228,462

Nuclear Energy
Safeguards and security ..............................................................
Total, Nuclear Energy .....................................................................

156,600
156,600

156,600
156,600

672,019
162,057

672,019
162,057

National Nuclear Security Administration
Weapons Activities
Stockpile management
Stockpile major modernization
B61 Life extension program ..........................................
W88 Alteration program ................................................

H. R. 7776—805
SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
(In Thousands of Dollars)
Program

W80–4 Life extension program .....................................
W80–4 ALT SLCM .........................................................
Research and development for a nuclear
warhead for a nuclear-capable sealaunched cruise missile ...............................
W87–1 Modification Program .......................................
W93 .................................................................................
Subtotal, Stockpile major modernization ...................
Stockpile sustainment .........................................................................
Weapons dismantlement and disposition ..........................................
Production operations .........................................................................
Nuclear enterprise assurance .............................................................
Total, Stockpile management ................................................
Production Modernization
Primary Capability Modernization
Plutonium Modernization
Los Alamos Plutonium Modernization
Los Alamos Plutonium Operations ................
21–D–512, Plutonium Pit Production Project,
LANL ............................................................
15–D–302, TA–55 Reinvestments Project,
Phase 3, LANL .............................................
07–D–220-04, Transuranic Liquid Waste Facility, LANL ..................................................
04–D–125, Chemistry and Metallurgy Research Replacement Project, LANL ............
Subtotal, Los Alamos Plutonium Modernization ......................................................................
Savannah River Plutonium Modernization
Savannah River Plutonium Operations .........
21–D–511, Savannah River Plutonium Processing Facility, SRS .....................................
Program increase—glovebox long
lead procurement ...........................
Program increase—long lead items
Program increase—demolition of
MOX buildling ................................
Program increase—site prep ............
Subtotal, Savannah River Plutonium Modernization ...........................................................
Enterprise Plutonium Support .............................................
Total, Plutonium Modernization ...........................................
High Explosives & Energetics
High Explosives & Energetics ........................
23–D–516, Energetic Materials Characterization Facility, LANL .................................
21–D–510, HE Synthesis, Formulation, and
Production, PX .............................................
Project risk reduction ........................
15–D–301, HE Science & Engineering Facility, PX ...........................................................
Project risk reduction ........................
Subtotal, High Explosives & Energetics ........
Total, Primary Capability Modernization .................................
Secondary Capability Modernization
Secondary Capability Modernization ..........................................
Program increase—calciner ...........................................
18–D–690, Lithium Processing Facility, Y–12 ...........................

FY 2023
Request

Conference
Authorized

1,122,451
0

1,122,451
20,000

680,127
240,509
2,877,163
1,321,139
50,966
630,894
48,911
4,929,073

(20,000)
680,127
240,509
2,897,163
1,321,139
50,966
630,894
48,911
4,949,073

767,412

767,412

588,234

588,234

30,002

30,002

24,759

24,759

162,012

162,012

1,572,419

1,572,419

58,300

58,300

700,000

1,200,000
(200,000)
(100,000)
(165,000)
(35,000)

758,300
88,993
2,419,712

1,258,300
88,993
2,919,712

101,380

101,380

19,000

19,000

108,000

133,000
(25,000)

20,000

30,000
(10,000)
283,380
3,203,092

248,380
2,668,092
536,363
216,886

544,363
(8,000)
216,886

H. R. 7776—806
SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
(In Thousands of Dollars)
Program

06–D–141, Uranium Processing Facility, Y–12 .........................
Total, Secondary Capability Modernization .............................
Tritium and Domestic Uranium Enrichment
Tritium and Domestic Uranium Enrichment ............................
18–D–650, Tritium Finishing Facility, SRS ...............................
Total, Tritium and Domestic Uranium Enrichment ...............
Non-Nuclear Capability Modernization .............................................
Capability Based Investments ............................................................
Total, Production Modernization .........................................
Stockpile research, technology, and engineering
Assessment Science
Assessment Science ........................................................
Enhanced Capability for Subcritical Experiments
(ECSE) and Hydrodynamic and Subcritical Experiment Execution Support ..............................
17–D–640, U1a Complex Enhancements Project,
NNSS ...........................................................................
Total, Assessment Science ...............................................
Engineering and integrated assessments ............................
Inertial confinement fusion ..................................................
Program increase ...........................................................
Advanced simulation and computing ..................................
Program increase ...........................................................
Weapon technology and manufacturing maturation ..........
Program increase ...........................................................
Academic programs ...............................................................
Total, Stockpile research, technology, and engineering
Infrastructure and operations
Operating
Operations of facilities ...................................................
Program increase .............................................
Safety and Environmental Operations .........................
Maintenance and Repair of Facilities ..........................
Deferred maintenance .....................................
Recapitalization
Infrastructure and Safety ......................................
Planning for Programmatic Construction (PreCD–1) ...................................................................
Subtotal, Recapitalization ........................................
Total, Operating .................................................................
Mission enabling construction
22–D–514 Digital Infrastructure Capability Expansion ..............................................................................
22–D–517 Electrical Power Capacity Upgrade, LANL
22–D–518 Plutonium Modernization Ops & Waste
Mngmt Office Bldg, LANL .........................................
23–D–519 Special Material Facility, Y–12 ..................
Total, Mission enabling construction ...........................
Total, Infrastructure and operations ...................................

FY 2023
Request

Conference
Authorized

362,000
1,115,249

362,000
1,123,249

506,649
73,300
579,949
123,084
154,220
4,640,594

506,649
73,300
579,949
123,084
154,220
5,183,594

801,668

861,668

(60,000)
53,130
854,798
366,455
544,095
742,646
286,165
100,499
2,894,658

1,038,000
162,000
680,000

53,130
914,798
366,455
624,095
(80,000)
842,146
(99,500)
296,165
(10,000)
100,499
3,144,158

1,046,000
(8,000)
162,000
725,000
(45,000)

561,663

561,663

0
561,663
2,441,663

0
561,663
2,494,663

67,300
24,000

67,300
24,000

48,500
49,500
189,300
2,630,963

48,500
49,500
189,300
2,683,963

Secure transportation asset
Operations and equipment ...................................................
Program direction .................................................................
Total, Secure transportation asset .......................................

214,367
130,070
344,437

214,367
130,070
344,437

Defense nuclear security
Operations and maintenance ...............................................

878,363

878,363

H. R. 7776—807
SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
(In Thousands of Dollars)
Program

FY 2023
Request

Conference
Authorized

Construction:
17–D–710, West end protected area reduction project,
Y–12 .............................................................................
Program increase .............................................
Subtotal, Construction .....................................................
Total, Defense nuclear security ............................................

3,928
882,291

11,928
(8,000)
11,928
890,291

Information technology and cybersecurity ...............................
Legacy contractor pensions and settlement payments ..........
Total, Weapons Activities ...............................................................

445,654
114,632
16,882,302

445,654
114,632
17,755,802

Adjustments
Use of prior year balances ....................................................
Total, Adjustments ...........................................................................
Total, Weapons Activities ...............................................................

–396,004
–396,004
16,486,298

–396,004
–396,004
17,359,798

153,260
41,600
256,025
450,885

153,260
41,600
256,025
450,885

81,155
244,827
178,095
504,077
207,656

81,155
244,827
178,095
504,077
207,656

287,283
109,343
279,205
44,414
0
0
720,245

287,283
109,343
279,205
44,414
0
20,000
740,245

71,764
71,764
20,000
55,708

71,764
71,764
5,000
(–15,000)
55,708

3,928

Defense Nuclear Nonproliferation
Material management and minimization
Conversion (formerly HEU Reactor Conversion) ................
Nuclear material removal .....................................................
Material disposition ..............................................................
Total, Material management & minimization ...................
Global material security
International nuclear security .............................................
Radiological security .............................................................
Nuclear smuggling detection and deterrence .....................
Total, Global material security .............................................
Nonproliferation and arms control ..............................................
Defense nuclear nonproliferation R&D
Proliferation detection ..........................................................
Nonproliferation stewardship program ...............................
Nuclear detonation detection ...............................................
Forensics R&D .......................................................................
Nonproliferation fuels development .....................................
Nuclear Fuels Development .................................................
Total, Defense Nuclear Nonproliferation R&D .................
Nonproliferation construction
18–D–150 Surplus Plutonium Disposition Project, SRS ....
Total, Nonproliferation construction ..................................
NNSA Bioassurance Program .....................................................
Program reduction ................................................................
Legacy contractor pensions and settlement payments ..............
Nuclear counterterrorism and incident response program
Emergency Operations ..........................................................
Counterterrorism and Counterproliferation .......................
NA–82 Counterproliferation classified program increase ..
Total, Nuclear counterterrorism and incident response
program ...................................................................................
Subtotal, Defense Nuclear Nonproliferation ............................

29,896
409,074
0

29,896
409,074
2,000

438,970
2,469,305

438,970
2,476,305

Adjustments
Use of prior year balances ....................................................
Total, Adjustments ....................................................................

–123,048
–123,048

–123,048
–123,048

Total, Defense Nuclear Nonproliferation ..................................

2,346,257

2,353,257

H. R. 7776—808
SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
(In Thousands of Dollars)
Program

Naval Reactors
Naval reactors development ........................................................
Columbia-Class reactor systems development ...........................
S8G Prototype refueling ..............................................................
Naval reactors operations and infrastructure ............................
Program direction .........................................................................
Construction:
23–D–533 BL Component Test Complex .............................
22–D–532 Security Upgrades KL ........................................
22–D–531 KL Chemistry & Radiological Health Building
14–D–901 Spent Fuel Handling Recapitalization Project,
NRF ....................................................................................
21–D–530 KL Steam and Condensate Upgrades ...............
Total, Construction ..................................................................
Total, Naval Reactors ......................................................................

FY 2023
Request

Conference
Authorized

798,590
53,900
20,000
695,165
58,525

798,590
53,900
20,000
695,165
58,525

57,420
0
0

57,420
0
0

397,845
0
455,265
2,081,445

397,845
0
455,265
2,081,445

Federal Salaries and Expenses
Program direction .........................................................................
Use of prior year balances ...........................................................
Total, Federal Salaries and Expenses .........................................

513,200
–16,800
496,400

513,200
–16,800
496,400

TOTAL, National Nuclear Security Administration ...............

21,410,400

22,290,900

4,067

4,067

135,000

10,013

221,000
(86,000)
672,240
(22,000)
10,013

3,100
3,100
8,900

3,100
3,100
8,900

6,770

6,770

480
817,603

480
925,603

462,700
801,100

462,700
811,100
(10,000)

4,408

4,408

0
316,200

0
358,939
(42,739)
20,000
383,347
0
1,657,147

Defense Environmental Cleanup
Closure sites administration ................................................
Richland
River corridor and other cleanup operations ......................
Program increase ....................................................
Central plateau remediation ................................................
Program increase ....................................................
Richland community and regulatory support .....................
18–D–404 Modification of Waste Encapsulation and Storage Facility .........................................................................
22–D–401 L–888, 400 Area Fire Station .............................
22–D–402 L–897, 200 Area Water Treatment Facility ......
23–D–404 181D Export Water System Reconfiguration
and Upgrade ......................................................................
23–D–405 181B Export Water System Reconfiguration
and Upgrade ......................................................................
Total, Richland ..........................................................................
Office of River Protection:
Waste Treatment Immobilization Plant Commissioning ...
Rad liquid tank waste stabilization and disposition ..........
Program increase ....................................................
Construction
23–D–403 Hanford 200 West Area Tank Farms
Risk Management Project ..................................
18–D–16 Waste treatment and immobilization
plant—LBL/Direct feed LAW .............................
01–D–16D, High-level waste facility .....................
Program increase ......................................
01–D–16E, Pretreatment Facility .........................
Subtotal, Construction .....................................................
ORP Low-level waste offsite disposal ..................................
Total, Office of River Protection ..........................................
Idaho National Laboratory:

650,240

20,000
340,608
0
1,604,408

H. R. 7776—809
SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
(In Thousands of Dollars)
Program

Idaho cleanup and waste disposition ...................................
Idaho community and regulatory support ...........................
Construction
22–D–403 Idaho Spent Nuclear Fuel Staging Facility ......................................................................
22–D–404 Addl ICDF Landfill Disposal Cell and
Evaporation Ponds Project .................................
22–D–402 Calcine Construction ............................
Subtotal, Construction .....................................................
Total, Idaho National Laboratory .........................................
NNSA sites and Nevada off-sites
Lawrence Livermore National Laboratory ..........................
LLNL Excess Facilities D&D ...............................................
Program increase ....................................................
Separations Processing Research Unit ................................
Nevada Test Site ...................................................................
Sandia National Laboratory .................................................
Los Alamos National Laboratory .........................................
Los Alamos Excess Facilities D&D ......................................
Total, NNSA sites and Nevada off-sites ...............................
Oak Ridge Reservation:
OR Nuclear Facility D&D ....................................................
Program increase ....................................................
U233 Disposition Program ...................................................
OR cleanup and waste disposition .......................................
Construction
17–D–401 On-site waste disposal facility .............
14–D–403 Outfall 200 Mercury Treatment Facility .........................................................................
Subtotal, Construction .....................................................
OR community & regulatory support ..................................
OR technology development and deployment .....................
Total, Oak Ridge Reservation ................................................
Savannah River Site:
Savannah River risk management operations ....................
Program increase ....................................................
Savannah River legacy pensions ..........................................
Savannah River community and regulatory support .........
Savannah River National Laboratory O&M .......................
Construction:
20-D–401 Saltstone Disposal Unit #10, 11, 12 .....
19–D–701 SR Security systems replacement .......
18–D–402 Saltstone Disposal Unit #8, 9 ..............
18–D–402 Emergency Operations Center Replacement, SR ......................................................
Subtotal, Construction .....................................................
Radioactive liquid tank waste stabilization ........................
Program increase ....................................................
Total, Savannah River Site ....................................................
Waste Isolation Pilot Plant
Waste Isolation Pilot Plant ..................................................
Construction:
15–D–411 Safety significant confinement ventilation system, WIPP ...............................................
15–D–412 Exhaust shaft, WIPP ............................

FY 2023
Request

Conference
Authorized

350,658
2,705

350,658
2,705

8,000

8,000

8,000
10,000
26,000
379,363

8,000
10,000
26,000
379,363

1,842
12,004

1,842
22,004
(10,000)
15,300
62,652
4,003
286,316
40,519
432,636

15,300
62,652
4,003
286,316
40,519
422,636

334,221
47,628
62,000

339,221
(5,000)
47,628
62,000

35,000

35,000

0
35,000
5,300
3,000
487,149

0
35,000
5,300
3,000
492,149

416,317
132,294
12,137
41,000

460,317
(44,000)
132,294
12,137
41,000

37,668
5,000
49,832

37,668
5,000
49,832

25,568
118,068
851,660
1,571,476

25,568
118,068
931,000
(79,340)
1,694,816

371,943

371,943

59,073
25,000

59,073
25,000

H. R. 7776—810
SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
(In Thousands of Dollars)
Program

Program increase ....................................................
Total, Construction ...........................................................
Total, Waste Isolation Pilot Plant .........................................

FY 2023
Request

Conference
Authorized

84,073
456,016
317,002
103,239
309,573
25,000
417,000

6,000
90,073
462,016

Program direction—Defense Environmental Cleanup ..............
Program support—Defense Environmental Cleanup ................
Safeguards and Security—Defense Environmental Cleanup ...
Technology development and deployment ..................................
Federal contribution to the Uranium Enrichment D&D Fund
Program reduction ................................................................
Subtotal, Defense Environmental Cleanup ...............................

6,914,532

317,002
103,239
309,573
25,000
0
(–417,000)
6,802,611

TOTAL, Defense Environmental Cleanup .................................

6,914,532

6,802,611

Defense Uranium Enrichment D&D ............................................

0

0

Other Defense Activities
Environment, health, safety and security
Environment, health, safety and security mission support
Program direction .................................................................
Total, Environment, health, safety and security ..............

138,854
76,685
215,539

138,854
76,685
215,539

Office of Enterprise Assessments
Enterprise assessments ........................................................
Program direction .................................................................
Total, Office of Enterprise Assessments .............................

27,486
57,941
85,427

27,486
57,941
85,427

Specialized security activities ......................................................

306,067

306,067

Legacy Management
Legacy Management Activities—Defense ...........................
Program Direction .................................................................
Total, Legacy Management .....................................................

174,163
21,983
196,146

174,163
21,983
196,146

Defense-related administrative support .....................................

170,695

170,695

Office of hearings and appeals ....................................................
Subtotal, Other defense activities ........................................
Use of prior year balances ...........................................................
Total, Other Defense Activities ....................................................

4,477
978,351
0
978,351

4,477
978,351
0
978,351

DIVISION E—NON-DEPARTMENT OF
DEFENSE MATTERS
TITLE LI—VETERANS AFFAIRS
MATTERS
Subtitle A—Advisory Committees
Sec. 5101. Annual report from Advisory Committee on Women Veterans.
Sec. 5102. Department of Veterans Affairs Advisory Committee on United States
Outlying Areas and Freely Associated States.
Subtitle B—Studies and Reports
Sec. 5111. Secretary of Veterans Affairs study on dissemination of information on
Department of Veterans Affairs home loan benefits.

H. R. 7776—811
Sec. 5112. GAO study on post-market surveillance of medical devices by Department of Veterans Affairs.
Sec. 5113. Department of Veterans Affairs report on supportive services and housing insecurity.
Sec. 5114. Report on handling of certain records of the Department of Veterans Affairs.
Subtitle C—Other Matters
Sec. 5121. Improved application of employment and reemployment rights of all
members of uniformed services.
Sec. 5122. Competitive pay for health care providers of Department of Veterans Affairs.
Sec. 5123. Definition of land use revenue under West Los Angeles Leasing Act of
2016.
Sec. 5124. Technical corrections to Honoring our PACT Act of 2022.
Sec. 5125. Improving pilot program on acceptance by the Department of Veterans
Affairs of donated facilities and related improvements.
Sec. 5126. Improvement of Vet Centers at Department of Veterans Affairs.
Sec. 5127. Information on certain veterans with prior medical occupations; program
on intermediate care technicians of Department of Veterans Affairs.

Subtitle A—Advisory Committees
SEC. 5101. ANNUAL REPORT FROM ADVISORY COMMITTEE ON WOMEN
VETERANS.

Section 542(c)(1) of title 38, United States Code, is amended
by striking ‘‘even-numbered year’’ and inserting ‘‘year’’.
SEC. 5102. DEPARTMENT OF VETERANS AFFAIRS ADVISORY COMMITTEE ON UNITED STATES OUTLYING AREAS AND
FREELY ASSOCIATED STATES.

(a) ESTABLISHMENT OF ADVISORY COMMITTEE.—Subchapter III
of chapter 5 of title 38, United States Code, is amended by adding
at the end the following new section (and conforming the table
of sections at the beginning of such chapter accordingly):
‘‘§ 548. Advisory Committee on United States Outlying Areas
and Freely Associated States
‘‘(a) ESTABLISHMENT.—The Secretary shall establish an advisory
committee, to be known as the ‘Advisory Committee on United
States Outlying Areas and Freely Associated States’, to provide
advice and guidance to the Secretary on matters relating to covered
veterans.
‘‘(b) DUTIES.—The duties of the Committee shall be the following:
‘‘(1) To advise the Secretary on matters relating to covered
veterans, including how the Secretary may improve the programs and services of the Department to better serve such
veterans.
‘‘(2) To identify for the Secretary evolving issues of relevance to covered veterans.
‘‘(3) To propose clarifications, recommendations, and solutions to address issues raised by covered veterans.
‘‘(4) To provide a forum for covered veterans, veterans
service organizations serving covered veterans, and the Department to discuss issues and proposals for changes to regulations,
policies, and procedures of the Department.
‘‘(5) To identify priorities for and provide advice to the
Secretary on appropriate strategies for consultation with veterans service organizations serving covered veterans.

H. R. 7776—812
‘‘(6) To encourage the Secretary to work with the heads
of other Federal departments and agencies, and Congress, to
ensure covered veterans are provided the full benefits of their
status as covered veterans.
‘‘(7) To highlight contributions of covered veterans in the
Armed Forces.
‘‘(8) To conduct other duties as determined appropriate
by the Secretary.
‘‘(c) MEMBERSHIP.—(1) The Committee shall be comprised of
15 voting members appointed by the Secretary.
‘‘(2) In appointing members pursuant to paragraph (1), the
Secretary shall ensure the following:
‘‘(A) At least one member is appointed to represent covered
veterans in each of the following areas:
‘‘(i) American Samoa.
‘‘(ii) Guam.
‘‘(iii) Puerto Rico.
‘‘(iv) The Commonwealth of the Northern Mariana
Islands.
‘‘(v) The Virgin Islands of the United States.
‘‘(vi) The Federated States of Micronesia.
‘‘(vii) The Republic of the Marshall Islands.
‘‘(viii) The Republic of Palau.
‘‘(B) Not fewer than half of the members appointed are
covered veterans, unless the Secretary determines that an
insufficient number of qualified covered veterans are available.
‘‘(C) Each member appointed resides in an area specified
in subparagraph (A).
‘‘(3) In appointing members pursuant to paragraph (1), the
Secretary may consult with any Member of Congress who represents
an area specified in paragraph (2)(A).
‘‘(4) In addition to the members appointed pursuant to paragraph (1), the Committee shall be comprised of such ex officio
members as the Secretary of State and the Secretary of the Interior
shall appoint from among employees of the Department of State
and the Department of the Interior, respectively.
‘‘(d) TERMS; VACANCIES.—(1) A member of the Committee—
‘‘(A) shall be appointed for a term of two years; and
‘‘(B) may be reappointed to serve an additional two-year
term.
‘‘(2) Not later than 180 days after the Secretary (or in the
case of an ex officio member, the Secretary of State or the Secretary
of the Interior, as the case may be) receives notice of a vacancy
in the Committee, the vacancy shall be filled in the same manner
as the original appointment.
‘‘(e) MEETING FORMAT AND FREQUENCY.—(1) Except as provided
in paragraph (2), the Committee shall meet in-person with the
Secretary not less frequently than once each year and hold monthly
conference calls as necessary.
‘‘(2) Meetings held under paragraph (1) may be conducted virtually if determined necessary based on—
‘‘(A) Department protocols; and
‘‘(B) timing and budget considerations.
‘‘(f) ADDITIONAL REPRESENTATION.—(1) Representatives of relevant Federal departments and agencies may attend meetings of
the Committee and provide information to the Committee.

H. R. 7776—813
‘‘(2) One representative of the Department shall attend each
meeting of the Committee.
‘‘(3) Representatives attending meetings under this subsection—
‘‘(A) may not be considered voting members of the Committee; and
‘‘(B) may not receive additional compensation for services
performed with respect to the Committee.
‘‘(g) SUBCOMMITTEES.—(1) The Committee may establish subcommittees.
‘‘(2) The Secretary may, in consultation with the Committee,
appoint a member to a subcommittee established under paragraph
(1) who is not a member of the Committee.
‘‘(3) A subcommittee established under paragraph (1) may
enhance the function of the Committee, but may not supersede
the authority of the Committee or provide direct advice or work
products to the Secretary.
‘‘(h) REPORTS.—(1) Not less frequently than once every two
years, the Committee shall submit to the Secretary and the appropriate congressional committees a report—
‘‘(A) containing such recommendations as the Committee
may have for legislative or administrative action; and
‘‘(B) describing the activities of the Committee during the
previous two years.
‘‘(2) Not later than 120 days after the date on which the
Secretary receives a report under paragraph (1), the Secretary
shall submit to the appropriate congressional committees a written
response to the report after—
‘‘(A) giving the Committee an opportunity to review such
written response; and
‘‘(B) including in such written response any comments the
Committee considers appropriate.
‘‘(3) The Secretary shall make publicly available on an internet
website of the Department—
‘‘(A) each report the Secretary receives under paragraph
(1); and
‘‘(B) each written response the Secretary submits under
paragraph (2).
‘‘(i) COMMITTEE PERSONNEL MATTERS.—A member of the Committee shall be allowed travel expenses, including per diem in
lieu of subsistence, at rates authorized for an employee of an agency
under subchapter I of chapter 57 of title 5 while away from the
home or regular place of business of the member in the performance
of the duties of the Committee.
‘‘(j) CONSULTATION.—In carrying out this section, the Secretary
shall consult with veterans service organizations serving covered
veterans.
‘‘(k) TERMINATION.—The Committee shall terminate on the date
that is 10 years after the date of the enactment of this section.
‘‘(l) DEFINITIONS.—In this section:
‘‘(1) The term ‘appropriate congressional committees’
means—
‘‘(A) the Committee on Veterans’ Affairs of the House
of Representatives; and
‘‘(B) the Committee on Veterans’ Affairs of the Senate.
‘‘(2) The term ‘Committee’ means the Advisory Committee
on United States Outlying Areas and Freely Associated States
established under subsection (a).

H. R. 7776—814
‘‘(3) The term ‘covered veteran’ means a veteran residing
in an area specified in subsection (c)(2)(A).
‘‘(4) The term ‘veterans service organization serving covered
veterans’ means any organization that—
‘‘(A) serves the interests of covered veterans;
‘‘(B) has covered veterans in substantive and policymaking positions within the organization; and
‘‘(C) has demonstrated experience working with covered
veterans.’’.
(b) DEADLINE FOR ESTABLISHMENT.—Not later than 180 days
after the date of the enactment of this Act, the Secretary of Veterans
Affairs shall establish the advisory committee required by section
548 of title 38, United States Code, as added by subsection (a)
of this section.
(c) DEADLINE FOR INITIAL APPOINTMENTS.—Not later than 90
days after the date on which the Secretary establishes the advisory
committee required by such section 548, the members of such
advisory committee shall be appointed.
(d) INITIAL MEETING.—Not later than 180 days after the date
on which the Secretary establishes the advisory committee required
by such section 548, such advisory committee shall hold its first
meeting.

Subtitle B—Studies and Reports
SEC. 5111. SECRETARY OF VETERANS AFFAIRS STUDY ON DISSEMINATION OF INFORMATION ON DEPARTMENT OF VETERANS
AFFAIRS HOME LOAN BENEFITS.

(a) STUDY.—The Secretary of Veterans Affairs shall conduct
a study to identify the means by which the Secretary informs
lenders and veterans about the availability of loans guaranteed
by the Department of Veterans Affairs under chapter 37 of title
38, United States Code, for any purpose described in section 3710(a)
of such title.
(b) REPORT.—Not later than six months after the date of the
enactment of this Act, the Secretary of Veterans Affairs shall—
(1) submit to the Committee on Veterans’ Affairs of the
Senate and the Committee on Veterans’ Affairs of the House
of Representatives a report on the results of the study conducted
under subsection (a); and
(2) make such report publicly available on an appropriate
website of the Department of Veterans Affairs.
SEC. 5112. GAO STUDY ON POST-MARKET SURVEILLANCE OF MEDICAL
DEVICES BY DEPARTMENT OF VETERANS AFFAIRS.

(a) STUDY.—The Comptroller General of the United States shall
conduct a study on the efforts of the Under Secretary of Veterans
Affairs for Health relating to post-market surveillance of
implantable medical devices.
(b) REPORT.—Not later than one year after the date of the
enactment of this Act, the Comptroller General shall submit to
the Committees on Veterans’ Affairs of the House of Representatives
and the Senate a report on the findings of the study under subsection (a). Such report shall include the following:

H. R. 7776—815
(1) A description of the process used by the Under Secretary
of Veterans Affairs for Health for documenting implantable
medical devices issued to patients.
(2) An evaluation of the capability of the Under Secretary
of Veterans Affairs for Health to identify, in a timely manner,
adverse events and safety issues relating to implantable medical devices.
(3) An evaluation of the process for, and potential barriers
to, the Under Secretary of Veterans Affairs for Health notifying
patients of an implantable medical device recall.
(4) An evaluation of the accessibility of the adverse event
reporting systems of the Veterans Health Administration for
patients with disabilities.
(5) Recommendations to address gaps in such adverse event
reporting systems, to better identify adverse events and safety
issues from implantable medical devices.
SEC. 5113. DEPARTMENT OF VETERANS AFFAIRS REPORT ON SUPPORTIVE SERVICES AND HOUSING INSECURITY.

Not later than one year after the date of the enactment of
this Act, the Secretary of Veterans Affairs, in coordination with
the Secretary of Housing and Urban Development and the Secretary
of Labor, shall submit to Congress a report on how often and
what type of supportive services (including career transition and
mental health services and services for elderly veterans) are being
offered to and used by veterans, and any correlation between a
lack of supportive services programs and the likelihood of veterans
falling back into housing insecurity. The Secretary of Veterans
Affairs shall ensure that any medical information included in the
report is de-identified.
SEC. 5114. REPORT ON HANDLING OF CERTAIN RECORDS OF THE
DEPARTMENT OF VETERANS AFFAIRS.

(a) REPORT.—Not later than one year after the date of the
enactment of this Act, the Inspector General of the Department
of Veterans Affairs, in coordination with the Secretary of Defense,
shall submit to Congress a report on the extent to which the
procedures outlined in provision M21-1 III.ii.2.F.1 of the Adjudication Procedures Manual of the Department of Veterans Affairs,
or any successor document, are followed in assisting veterans obtain
or reconstruct service records or medical information damaged or
destroyed in the fire that occurred at the National Processing
Records Center in St. Louis, Missouri, in July of 1973.
(b) ELEMENTS.—The report under subsection (a) shall include
the following elements:
(1) The determination of the Inspector General as to
whether employees of the Department of Veterans Affairs
receive sufficient training on the procedures specified in such
subsection.
(2) The determination of the Inspector General as to
whether veterans are informed of actions necessary to adhere
to such procedures.
(3) The percentage of cases regarding such service records
and medical information in which employees of the Department
of Veterans Affairs follow such procedures.
(4) The average duration of time to resolve an issue using
such procedures.

H. R. 7776—816
(5) Recommendations on how to improve the implementation of such procedures.

Subtitle C—Other Matters
SEC. 5121. IMPROVED APPLICATION OF EMPLOYMENT AND REEMPLOYMENT RIGHTS OF ALL MEMBERS OF UNIFORMED SERVICES.

(a) IN GENERAL.—Paragraph (5) of section 4303 of title 38,
United States Code, is amended to read as follows:
‘‘(5) The term ‘Federal executive agency’—
‘‘(A) except as provided in subparagraph (B), includes—
‘‘(i) the United States Postal Service;
‘‘(ii) the Postal Regulatory Commission;
‘‘(iii) any nonappropriated fund instrumentality of
the United States;
‘‘(iv) any Executive agency (as defined in section
105 of title 5); and
‘‘(v) any military department (as defined in section
102 of title 5) with respect to the civilian employees
of that department; and
‘‘(B) does not include—
‘‘(i) an agency referred to in section 2302(a)(2)(C)(ii)
of title 5;
‘‘(ii) the National Oceanic and Atmospheric
Administration with respect to members of the commissioned officer corps of the National Oceanic and
Atmospheric Administration; or
‘‘(iii) the Public Health Service with respect to
members of the Commissioned Corps of the Public
Health Service serving on active duty, active duty for
training, or inactive duty training.’’.
(b) TECHNICAL CORRECTION.—Paragraph (17) of such section
is amended by striking ‘‘commissioned corps of the Public Health
Service’’ and inserting ‘‘Commissioned Corps of the Public Health
Service’’.
SEC. 5122. COMPETITIVE PAY FOR HEALTH CARE PROVIDERS OF
DEPARTMENT OF VETERANS AFFAIRS.

Section 7451(c) of title 38, United States Code, is amended
by adding at the end the following new paragraph:
‘‘(4)(A) The director of each medical center of the Department
shall submit to the Secretary an annual locality pay survey and
rates of basic pay for covered positions at such medical center
to ensure that pay rates remain competitive in the local labor
market.
‘‘(B) Not less than once per fiscal year, the Secretary shall
submit to the Committees on Veterans’ Affairs of the House of
Representatives and the Senate a report on rates of basic pay
for covered positions at medical centers of the Department.’’.
SEC. 5123. DEFINITION OF LAND USE REVENUE UNDER WEST LOS
ANGELES LEASING ACT OF 2016.

Section 2(d)(2) of the West Los Angeles Leasing Act of 2016
(Public Law 114–226) is amended—
(1) in subparagraph (A), by striking ‘‘; and’’ and inserting
a semicolon;

H. R. 7776—817
(2) by redesignating subparagraph (B) as subparagraph
(C); and
(3) by inserting after subparagraph (A) the following new
subparagraph:
‘‘(B) to the extent specified in advance in an appropriations Act for a fiscal year, any funds received as compensation for an easement described in subsection (e); and’’.
SEC. 5124. TECHNICAL CORRECTIONS TO HONORING OUR PACT ACT
OF 2022.

(a) PRESUMPTION OF SERVICE CONNECTION FOR CERTAIN DISEASES ASSOCIATED WITH EXPOSURE TO BURN PITS AND OTHER
TOXINS.—Section 1120(b)(2) of title 38, United States Code, is
amended—
(1) by striking subparagraph (G); and
(2) by redesignating subparagraphs (H) through (K) as
subparagraphs (G) through (J), respectively.
(b) CONGRESSIONAL APPROVAL OF CERTAIN MEDICAL FACILITY
ACQUISITIONS.—Section 703(c)(5)(C) of the Honoring our PACT Act
of 2022 (Public Law 117–168; 136 Stat. 1797) is amended to read
as follows:
‘‘(C) by striking ‘or a major medical facility lease (as
defined in subsection (a)(3)(B))’;’’.
(c) USE OF COMPETITIVE PROCEDURES TO ACQUIRE SPACE FOR
THE PURPOSE OF PROVIDING HEALTH-CARE RESOURCES TO VETERANS.—Section 8103(h)(1) of title 38, United States Code, is
amended by striking ‘‘section 2304 of title 10’’ and inserting ‘‘section
3301 of title 41’’.
(d) EFFECTIVE DATE.—The amendments made by this section
shall take effect as if included in the enactment of the Honoring
our PACT Act of 2022 (Public Law 117–168).
SEC. 5125. IMPROVING PILOT PROGRAM ON ACCEPTANCE BY THE
DEPARTMENT OF VETERANS AFFAIRS OF DONATED
FACILITIES AND RELATED IMPROVEMENTS.

(a) IN GENERAL.—Section 2 of the Communities Helping Invest
through Property and Improvements Needed for Veterans Act of
2016 (Public Law 114–294; 38 U.S.C. 8103 note) is amended—
(1) in subsection (b)(1)(A), by inserting before the semicolon
the following: ‘‘or for which funds are available from the
Construction, Minor Projects, or Construction, Major Projects
appropriations accounts’’;
(2) in subsection (e)(1)—
(A) in subparagraph (A)—
(i) by striking ‘‘The Secretary’’ and inserting
‘‘Except as otherwise provided in this paragraph, the
Secretary’’; and
(ii) by inserting ‘‘or funds already generally available in the Construction, Minor Projects, or Construction, Major Projects appropriations accounts’’ after
‘‘that are in addition to the funds appropriated for
the facility’’;
(B) in subparagraph (B), by striking ‘‘subparagraph
(A)’’ and inserting ‘‘this paragraph’’;
(C) by redesignating subparagraph (B) as subparagraph (F); and
(D) by inserting after subparagraph (A) the following
new subparagraphs:

H. R. 7776—818
‘‘(B) UNOBLIGATED AMOUNTS.—The Secretary may provide additional funds to help an entity described in subsection (a)(2) finance, design, or construct a facility in
connection with real property and improvements to be
donated under the pilot program and proposed to be
accepted by the Secretary under subsection (b)(1)(B) if—
‘‘(i) the Secretary determines that doing so is in
the best interest of the Department and consistent
with the mission of the Department; and
‘‘(ii) funding provided under this subparagraph—
‘‘(I) is in addition to amounts that have been
appropriated for the facility before the date on
which the Secretary and the entity enter into a
formal agreement under subsection (c) for the
construction and donation of the real property and
improvements; and
‘‘(II) is derived only from amounts that—
‘‘(aa) are unobligated balances available
in the Construction, Minor Projects, or
Construction, Major Projects appropriations
accounts of the Department that—
‘‘(AA) are not associated with a specific project; or
‘‘(BB) are amounts that are associated
with a specific project, but are unobligated
because they are the result of bid savings;
and
‘‘(bb) were appropriated to such an account
before the date described in subclause (I).
‘‘(C) ESCALATION CLAUSES.—
‘‘(i) IN GENERAL.—The Secretary may include an
escalation clause in a formal agreement under subsection (c) that authorizes an escalation of not more
than an annual amount based on a rate established
in the formal agreement and mutually agreed upon
by the Secretary and an entity to account for inflation
for an area if the Secretary determines, after consultation with the head of an appropriate Federal entity
that is not part of the Department, that such escalation
is necessary and in the best interest of the Department.
‘‘(ii) USE OF EXISTING AMOUNTS.—The Secretary
may obligate funds pursuant to clause (i) in connection
with a formal agreement under subsection (c) using
amounts that—
‘‘(I) are unobligated balances available in the
Construction, Minor Projects, or Construction,
Major Projects appropriations accounts of the
Department that—
‘‘(aa) are not associated with a specific
project; or
‘‘(bb) are amounts that are associated with
a specific project, but are unobligated because
they are the result of bid savings; and
‘‘(II) were appropriated to such an account
before the date on which the Secretary and the
entity entered into the formal agreement.

H. R. 7776—819
‘‘(D) AVAILABILITY.—Unobligated amounts shall be
available pursuant to subparagraphs (B) and (C) only to
the extent and in such amounts as provided in advance
in appropriations Acts subsequent to the date of the enactment of this subparagraph, subject to subparagraph (E).
‘‘(E) LIMITATION.—Unobligated amounts made available pursuant to subparagraphs (B) and (C) may not exceed
40 percent of the amount appropriated for the facility before
the date on which the Secretary and the entity entered
into a formal agreement under subsection (c).’’; and
(3) in subsection (j)—
(A) by striking ‘‘RULE’’ and inserting ‘‘RULES’’;
(B) by striking ‘‘Nothing in’’ and inserting the following:
‘‘(1) ENTERING ARRANGEMENTS AND AGREEMENTS.—Nothing
in’’; and
(C) by adding at the end the following new paragraph:
‘‘(2) TREATMENT OF ASSISTANCE.—Nothing provided under
this section shall be treated as Federal financial assistance
as defined in section 200.40 of title 2, Code of Federal Regulations, as in effect on February 21, 2021.’’.
(b) AMENDMENTS TO EXISTING AGREEMENTS.—Each agreement
entered into under section (2)(c) of such Act before the date of
the enactment of this Act that was in effect on the date of the
enactment of this Act may be amended to incorporate terms authorized by subparagraphs (B) and (C) of section 2(e)(1) of such Act,
as added by subsection (a)(2)(D) of this section.
SEC. 5126. IMPROVEMENT OF VET CENTERS AT DEPARTMENT OF VETERANS AFFAIRS.

(a) PRODUCTIVITY EXPECTATIONS FOR READJUSTMENT COUNSELORS OF VET CENTERS.—
(1) EVALUATION OF PRODUCTIVITY EXPECTATIONS.—Not later
than one year after the date of the enactment of this Act,
the Secretary of Veterans Affairs shall evaluate productivity
expectations for readjustment counselors of Vet Centers,
including by obtaining systematic feedback from counselors on
such expectations, including with respect to following:
(A) Any potential effects of productivity expectations,
whether positive or negative, on client care and the welfare
of readjustment counselors.
(B) Distances readjustment counselors may travel to
appointments, especially with respect to serving rural veterans.
(C) The possibility that some veterans may not want
to use nor benefit from telehealth or group counseling.
(D) Availability and access of veteran populations to
broadband and telehealth.
(E) Any effect of productivity expectations on readjustment counselors, including with respect to recruitment,
retention, and welfare.
(F) Whether productivity expectations provide incentives or pressure to inaccurately report client visits.
(G) Whether directors and readjustment counselors of
Vet Centers need additional training or guidance on how
productivity expectations are calculated.
(H) Such other criteria as the Secretary considers
appropriate.

H. R. 7776—820
(2) SYSTEMATIC FEEDBACK.—
(A) IN GENERAL.—The Secretary shall—
(i) make every effort to ensure that all readjustment counselors of Vet Centers are given the opportunity to fully provide feedback, positive or negative,
including through a survey containing open- and closeended questions, on all items under paragraph (1);
(ii) in obtaining feedback under paragraph (1),
ensure that the items under paragraph (1) are adequately and completely addressed in a way that permits responses to be relevant to the evaluation of
productivity expectations;
(iii) collect and safely store the feedback obtained
under paragraph (1)—
(I) in an electronic database that cannot be
altered by any party;
(II) in an anonymized manner, in order to
protect the privacy of each respondent; and
(III) in a manner that allows for evaluation
by third parties of the feedback, such as audit
of the feedback by the Government Accountability
Office; and
(iv) provide the feedback obtained under paragraph
(1) in an anonymized manner to the working group
established under subsection (c).
(B) GOVERNMENT ACCOUNTABILITY OFFICE AUDIT.—Not
less frequently than once each year during the five-year
period beginning on the date of the enactment of this
Act, the Comptroller General of the United States shall
audit the feedback obtained from readjustment counselors
of Vet Centers under paragraph (1).
(3) IMPLEMENTATION OF CHANGES.—Not later than 90 days
after the date of the completion of the evaluation required
by paragraph (1), the Secretary shall implement any needed
changes to the productivity expectations described in such paragraph in order to ensure—
(A) quality of care and access to care for veterans;
and
(B) the welfare of readjustment counselors.
(4) REPORT TO CONGRESS.—Not later than 180 days after
the date of the completion of the evaluation required by paragraph (1), the Secretary shall submit to Congress a report
on—
(A) the findings of the evaluation; and
(B) any planned or implemented changes described
in paragraph (3).
(5) PLAN FOR REASSESSMENT AND IMPLEMENTATION.—
(A) PLAN.—Not later than one year after the date
of the enactment of this Act, the Secretary shall develop
and implement a plan for—
(i) reassessing productivity expectations for
readjustment counselors of Vet Centers, in consultation
with such counselors; and
(ii) implementing any needed changes to such
expectations, as the Secretary determines appropriate.

H. R. 7776—821
(B) REASSESSMENTS.—Under the plan required by
subparagraph (A), the Secretary shall conduct a reassessment described in such paragraph not less frequently than
once each year.
(b) STAFFING MODEL FOR VET CENTERS.—
(1) IN GENERAL.—Not later than one year after the date
of the enactment of this Act, the Secretary of Veterans Affairs
shall develop and implement a staffing model for Vet Centers
that incorporates key practices in the design of such staffing
model.
(2) ELEMENTS.—In developing the staffing model under
paragraph (1), the Secretary shall—
(A) involve key stakeholders, including readjustment
counselors, outreach specialists, and directors of Vet Centers;
(B) incorporate key work activities and the frequency
and time required to conduct such activities;
(C) ensure the data used in the model is high quality
to provide assurance that staffing estimates are reliable;
and
(D) incorporate—
(i) risk factors, including case complexity;
(ii) geography;
(iii) availability, advisability, and willingness of
veterans to use telehealth or group counseling; and
(iv) such other factors as the Secretary considers
appropriate.
(3) PLAN FOR ASSESSMENTS AND UPDATES.—Not later than
one year after the date of the enactment of this Act, the
Secretary shall develop a plan for—
(A) assessing and updating the staffing model developed and implemented under paragraph (1) not less frequently than once every four years; and
(B) implementing any needed changes to such model,
as the Secretary determines appropriate.
(c) WORKING GROUP OF READJUSTMENT COUNSELORS, OUTREACH SPECIALISTS, AND DIRECTORS OF VET CENTERS.—
(1) IN GENERAL.—In conducting the evaluation of productivity expectations under subsection (a) (1) and developing the
staffing model for Vet Centers under subsection (b)(1), the
Secretary of Veterans Affairs shall establish a working group
to assess—
(A) the efficacy, impact, and composition of performance metrics for such expectations with respect to—
(i) quality of care and access to care for veterans;
and
(ii) the welfare of readjustment counselors and
other employees of Vet Centers; and
(B) key considerations for the development of such
staffing model, including with respect to—
(i) quality of care and access to care for veterans
and other individuals eligible for care through Vet
Centers; and
(ii) recruitment, retention, and welfare of
employees of Vet Centers.

H. R. 7776—822
(2) MEMBERSHIP.—The working group established under
paragraph (1) shall be composed of readjustment counselors,
outreach specialists, and directors of Vet Centers.
(3) FEEDBACK AND RECOMMENDATIONS.—The working group
established under paragraph (1) shall provide to the Secretary—
(A) feedback from readjustment counselors, outreach
specialists, and directors of Vet Centers; and
(B) recommendations on how to improve—
(i) quality of care and access to care for veterans;
and
(ii) the welfare of readjustment counselors and
other employees of Vet Centers.
(d) IMPROVEMENTS OF HIRING PRACTICES AT VET CENTERS.—
(1) STANDARDIZATION OF POSITION DESCRIPTIONS.—
(A) IN GENERAL.—Not later than one year after the
date of the enactment of this Act, the Secretary of Veterans
Affairs shall standardize descriptions of position responsibilities at Vet Centers.
(B) REPORTING REQUIREMENT.—In each of the first two
annual reports submitted under section 7309(e) of title
38, United States Code, after the date of the enactment
of this Act, the Secretary shall include a description of
the actions taken by the Secretary to carry out subparagraph (A).
(2) EXPANSION OF REPORTING REQUIREMENTS ON READJUSTMENT COUNSELING TO INCLUDE ACTIONS TO REDUCE STAFFING
VACANCIES AND TIME TO HIRE.—Section 7309(e)(2) of title 38,

United States Code, is amended by adding at the end the
following new subparagraph:
‘‘(D) A description of actions taken by the Secretary to
reduce—
‘‘(i) vacancies in counselor positions in the Readjustment Counseling Service; and
‘‘(ii) the time it takes to hire such counselors.’’.
(e) REPORT BY GOVERNMENT ACCOUNTABILITY OFFICE ON VET
CENTER INFRASTRUCTURE AND FUTURE INVESTMENTS.—
(1) IN GENERAL.—Not later than one year after the date
of the enactment of this Act, the Comptroller General of the
United States shall submit to Congress a report on physical
infrastructure and future investments with respect to Vet Centers.
(2) ELEMENTS.—The report required by paragraph (1) shall
include the following:
(A) An assessment of—
(i) the condition of the physical infrastructure of
all assets of Vet Centers, whether owned or leased
by the Department of Veterans Affairs; and
(ii) the short-, medium-, and long-term plans of
the Department to maintain and upgrade the physical
infrastructure of Vet Centers to address the operational
needs of Vet Centers as of the date of the submittal
of the report and future needs.
(B) An assessment of management and strategic planning for the physical infrastructure of Vet Centers,
including whether the Department should buy or lease
existing or additional locations in areas with stable or
growing populations of veterans.

H. R. 7776—823
(C) An assessment of whether, as of the date of the
submittal of the report, Vet Center buildings, mobile Vet
Centers, community access points, and similar infrastructure are sufficient to care for veterans or if such infrastructure is negatively affecting care due to limited space for
veterans and Vet Center personnel or other factors.
(D) An assessment of the areas with the greatest need
for investments in—
(i) improved physical infrastructure, including
upgraded Vet Centers; or
(ii) additional physical infrastructure for Vet Centers, including new Vet Centers owned or leased by
the Department.
(E) A description of the authorities and resources that
may be required for the Secretary to make such investments.
(F) A review of all annual reports submitted under
7309(e) of title 38, United States Code, before the date
of the submittal of the report under paragraph (1).
(f) PILOT PROGRAM TO COMBAT FOOD INSECURITY AMONG VETERANS AND FAMILY MEMBERS OF VETERANS.—
(1) IN GENERAL.—Not later than 18 months after the date
of the enactment of this Act, the Secretary of Veterans Affairs
shall establish a pilot program to award grants to eligible
entities to support partnerships that address food insecurity
among veterans and family members of veterans who receive
services through Vet Centers or other facilities of the Department as determined by the Secretary.
(2) DURATION OF PILOT.—The Secretary shall carry out
the pilot program for a three-year period beginning on the
date of the establishment of the pilot program.
(3) TRAINING AND TECHNICAL ASSISTANCE.—The Secretary
may provide eligible entities receiving grant funding under
the pilot program with training and technical assistance on
the provision of food insecurity assistance services to veterans
and family members of veterans.
(4) ELIGIBLE ENTITIES.—For purposes of the pilot program,
an eligible entity is—
(A) a nonprofit organization;
(B) an organization recognized by the Secretary for
the representation of veterans under section 5902 of title
38, United States Code;
(C) a public agency;
(D) a community-based organization; or
(E) an institution of higher education.
(5) APPLICATION.—An eligible entity seeking a grant under
the pilot program shall submit to the Secretary an application
therefor at such time, in such manner, and containing such
information and commitments as the Secretary may require.
(6) SELECTION.—The Secretary shall select eligible entities
that submit applications under paragraph (5) for the award
of grants under the pilot program using a competitive process
that takes into account the following:
(A) Capacity of the applicant entity to serve veterans
and family members of veterans.
(B) Demonstrated need of the population the applicant
entity would serve.

H. R. 7776—824
(C) Demonstrated need of the applicant entity for
assistance from the grant.
(D) Such other criteria as the Secretary considers
appropriate.
(7) DISTRIBUTION.—The Secretary shall ensure, to the
extent practicable, an equitable geographic distribution of
grants awarded under this subsection.
(8) MINIMUM PROGRAM REQUIREMENTS.—Any grant
awarded under this subsection shall be used—
(A) to coordinate with the Secretary with respect to
the provision of assistance to address food insecurity among
veterans and family members of veterans described in paragraph (1);
(B) to increase participation in nutrition counseling
programs and provide educational materials and counseling
to veterans and family members of veterans to address
food insecurity and healthy diets among those individuals;
(C) to increase access to and enrollment in Federal
assistance programs, including the supplemental nutrition
assistance program under the Food and Nutrition Act of
2008 (7 U.S.C. 2011 et seq.), the special supplemental
nutrition program for women, infants, and children established by section 17 of the Child Nutrition Act of 1966
(42 U.S.C. 1786), the low-income home energy assistance
program established under the Low-Income Home Energy
Assistance Act of 1981 (42 U.S.C. 8621 et seq.), and any
other assistance program that the Secretary considers
advisable; and
(D) to fulfill such other criteria as the Secretary considers appropriate to further the purpose of the grant and
serve veterans.
(9) PROVISION OF INFORMATION.—Each entity that receives
a grant under this subsection shall provide to the Secretary,
at least once each year during the duration of the grant term,
data on—
(A) the number of veterans and family members of
veterans screened for, and enrolled in, programs described
in subparagraphs (B) and (C) of paragraph (8);
(B) other services provided by the entity to veterans
and family members of veterans using funds from the
grant; and
(C) such other data as the Secretary may require.
(10) REPORT ON DATA COLLECTED.—For each year of operation of the pilot program, the Secretary shall submit to the
appropriate committees of Congress a report on the data collected under paragraph (9) during such year.
(11) GOVERNMENT ACCOUNTABILITY OFFICE REPORT.—
(A) IN GENERAL.—Not later than one year after the
date on which the pilot program terminates, the Comptroller General of the United States shall submit to Congress a report evaluating the effectiveness and outcomes
of the activities carried out under this subsection in
reducing food insecurity among veterans and family members of veterans.
(B) ELEMENTS.—The report required by subparagraph
(A) shall include the following:

H. R. 7776—825
(i) A summary of the activities carried out under
this subsection.
(ii) An assessment of the effectiveness and outcomes of the grants awarded under this subsection,
including with respect to eligibility screening contacts,
application assistance consultations, and changes in
food insecurity among the population served by the
grant.
(iii) Best practices regarding the use of partnerships to improve the effectiveness and outcomes of
public benefit programs to address food insecurity
among veterans and family members of veterans.
(iv) An assessment of the feasibility and advisability of making the pilot program permanent and
expanding to other locations.
(12) AUTHORIZATION OF APPROPRIATIONS.—
(A) IN GENERAL.—There is authorized to be appropriated to carry out the pilot program established under
paragraph (1) $15,000,000 for each fiscal year in which
the program is carried out, beginning with the fiscal year
in which the program is established.
(B) ADMINISTRATIVE EXPENSES.—Of the amounts
authorized to be appropriated under subparagraph (A), not
more than ten percent may be used for administrative
expenses of the Department of Veterans Affairs associated
with administering grants under this subsection.
(13) DEFINITIONS.—In this subsection:
(A) The term ‘‘appropriate committees of Congress’’
means—
(i) the Committee on Veterans’ Affairs, the Committee on Appropriations, and the Committee on Agriculture, Nutrition, and Forestry of the Senate; and
(ii) the Committee on Veterans’ Affairs, the Committee on Appropriations, and the Committee on Agriculture of the House of Representatives.
(B) The term ‘‘facilities of the Department’’ has the
meaning given that term in section 1701(3) of title 38,
United States Code.
(C) The term ‘‘institution of higher education’’ has the
meaning given that term in section 101 of the Higher
Education Act of 1965 (20 U.S.C. 1001).
(D) The term ‘‘public agency’’ means a department,
agency, other unit, or instrumentality of Federal, State,
Tribal, or local government.
(E) The term ‘‘State’’ has the meaning given that term
in section 101(20) of title 38, United States Code.
(F) The term ‘‘veteran’’ means an individual who served
in the Armed Forces, including an individual who served
in a reserve component of the Armed Forces, and who
was discharged or released therefrom, regardless of the
conditions of such discharge or release.
(g) DEFINITION OF VET CENTER.—In this section, the term ‘‘Vet
Center’’ has the meaning given that term in section 1712A(h) of
title 38, United States Code.

H. R. 7776—826
SEC. 5127. INFORMATION ON CERTAIN VETERANS WITH PRIOR MEDICAL OCCUPATIONS; PROGRAM ON INTERMEDIATE CARE
TECHNICIANS OF DEPARTMENT OF VETERANS AFFAIRS.

(a) UPDATE OF WEB PORTAL TO IDENTIFY CERTAIN VETERANS.—
(1) UPDATE.—The Secretary of Veterans Affairs shall
update web portals of the Department of Veterans Affairs to
provide for a method by which a veteran who served in a
medical occupation while serving as a member of the Armed
Forces may elect to provide the information described in paragraph (2).
(2) INFORMATION IN PORTAL.—The information described
in this paragraph is the following:
(A) Contact information for the veteran.
(B) A history of the medical experience and trained
competencies of the veteran.
(3) INCLUSIONS IN HISTORY.—To the extent practicable, the
history of a veteran provided under paragraph (2)(B) shall
include individual critical task lists specific to the military
occupational specialty of the veteran that align with standard
occupational codes maintained by the Commissioner of the
Bureau of Labor Statistics.
(4) SHARING OF INFORMATION.—For purposes of facilitating
civilian medical credentialing and hiring opportunities for veterans seeking to respond to a national emergency, including
a public health emergency declared by the Secretary of Health
and Human Services under section 319 of the Public Health
Service Act (42 U.S.C. 247d), the Secretary of Veterans Affairs,
in coordination with the Secretary of Defense and the Secretary
of Labor, shall establish a program to share the information
described in paragraph (2) with the following:
(A) State departments of veterans affairs.
(B) Veterans service organizations.
(C) State credentialing bodies.
(D) State homes.
(E) Other stakeholders involved in State-level
credentialing, as determined appropriate by the Secretary
of Veterans Affairs.
(b) PROGRAM ON TRAINING OF INTERMEDIATE CARE TECHNICIANS
OF DEPARTMENT OF VETERANS AFFAIRS.—
(1) ESTABLISHMENT.—The Secretary of Veterans Affairs
shall establish a program to train, certify, and employ covered
veterans as intermediate care technicians of the Department
of Veterans Affairs.
(2) LOCATIONS.—The Secretary of Veterans Affairs may
assign an intermediate care technician of the Department of
Veterans Affairs trained under the program under paragraph
(1) to any medical center of the Department of Veterans Affairs,
giving priority to locations with a significant staffing shortage.
(3) INCLUSION OF INFORMATION IN TRANSITION ASSISTANCE
PROGRAM.—As part of the Transition Assistance Program under
sections 1142 and 1144 of title 10, United States Code, the
Secretary of Veterans Affairs shall conduct a communications
campaign to convey to appropriate members of the Armed
Forces separating from active duty opportunities for training,
certification, and employment under the program under paragraph (1).

H. R. 7776—827
(4) REPORT ON EXPANSION OF PROGRAM.—Not later than
180 days after the date of the enactment of this Act, the
Secretary of Veterans Affairs shall submit to the Committees
on Veterans’ Affairs of the House of Representatives and the
Senate a report on whether the program under paragraph
(1) may be replicated for other medical positions within the
Department of Veterans Affairs.
(c) NOTIFICATION OF OPPORTUNITIES FOR VETERANS.—The Secretary of Veterans Affairs shall notify veterans service organizations
and, in coordination with the Secretary of Defense, members of
the reserve components of the Armed Forces of opportunities for
veterans under this section.
(d) DEFINITIONS.—In this section:
(1) The term ‘‘covered veteran’’ means a veteran whom
the Secretary of Veterans Affairs determines served as a basic
health care technician while serving in the Armed Forces.
(2) The terms ‘‘State home’’ and ‘‘veteran’’ have the
meanings given those terms in section 101 of title 38, United
States Code.
(3) The term ‘‘veterans service organization’’ means an
organization that provides services to veterans, including
organizations recognized by the Secretary of Veterans Affairs
under section 5902 of title 38, United States Code.

TITLE LII—INSPECTOR GENERAL INDEPENDENCE AND EMPOWERMENT MATTERS
Subtitle A—Inspector General Independence
Sec. 5201. Short title.
Sec. 5202. Removal or transfer of Inspectors General; placement on non-duty status.
Sec. 5203. Vacancy in position of Inspector General.
Sec. 5204. Office of Inspector General whistleblower complaints.
Subtitle B—Presidential Explanation of Failure to Nominate an Inspector General
Sec. 5221. Presidential explanation of failure to nominate an Inspector General.
Subtitle C—Integrity Committee of the Council of Inspectors General on Integrity
and Efficiency Transparency
Sec. 5231. Short title.
Sec. 5232. Additional information to be included in requests and reports to Congress.
Sec. 5233. Availability of information to Congress on certain allegations of wrongdoing closed without referral.
Sec. 5234. Semiannual report.
Sec. 5235. Additional reports.
Sec. 5236. Requirement to report final disposition to Congress.
Sec. 5237. Investigations of Offices of Inspector General of establishments by the
Integrity Committee.
Subtitle D—Notice of Ongoing Investigations When There Is a Change in Status of
Inspector General
Sec. 5241. Notice of ongoing investigations when there is a change in status of Inspector General.
Subtitle E—Council of the Inspectors General on Integrity and Efficiency Report on
Expenditures
Sec. 5251. CIGIE report on expenditures.

H. R. 7776—828
Subtitle F—Notice of Refusal to Provide Inspectors General Access
Sec. 5261. Notice of refusal to provide information or assistance to Inspectors General.
Subtitle G—Training Resources for Inspectors General and Other Matters
5271. Training resources for Inspectors General.
5272. Definition of appropriate congressional committees.
5273. Semiannual reports.
5274. Submission of reports that specifically identify non-governmental organizations or business entities.
Sec. 5275. Review relating to vetting, processing, and resettlement of evacuees
from Afghanistan and the Afghanistan special immigrant visa program.
Sec.
Sec.
Sec.
Sec.

Subtitle A—Inspector General
Independence
SEC. 5201. SHORT TITLE.

This subtitle may be cited as the ‘‘Securing Inspector General
Independence Act of 2022’’.
SEC. 5202. REMOVAL OR TRANSFER OF INSPECTORS GENERAL; PLACEMENT ON NON-DUTY STATUS.

(a) IN GENERAL.—The Inspector General Act of 1978 (5 U.S.C.
App.) is amended—
(1) in section 3(b)—
(A) by inserting ‘‘(1)(A)’’ after ‘‘(b)’’;
(B) in paragraph (1), as so designated—
(i) in subparagraph (A), as so designated, in the
second sentence—
(I) by striking ‘‘reasons’’ and inserting the following: ‘‘substantive rationale, including detailed
and case-specific reasons,’’; and
(II) by inserting ‘‘(including to the appropriate
congressional committees)’’ after ‘‘Houses of Congress’’; and
(ii) by adding at the end the following:
‘‘(B) If there is an open or completed inquiry into
an Inspector General that relates to the removal or transfer
of the Inspector General under subparagraph (A), the written communication required under that subparagraph
shall—
‘‘(i) identify each entity that is conducting, or that
conducted, the inquiry; and
‘‘(ii) in the case of a completed inquiry, contain
the findings made during the inquiry.’’; and
(C) by adding at the end the following:
‘‘(2)(A) Subject to the other provisions of this paragraph,
only the President may place an Inspector General on nonduty status.
‘‘(B) If the President places an Inspector General on nonduty status, the President shall communicate in writing the
substantive rationale, including detailed and case-specific reasons, for the change in status to both Houses of Congress
(including to the appropriate congressional committees) not
later than 15 days before the date on which the change in
status takes effect, except that the President may submit that
communication not later than the date on which the change
in status takes effect if—

H. R. 7776—829
‘‘(i) the President has made a determination that the
continued presence of the Inspector General in the workplace poses a threat described in any of clauses (i) through
(iv) of section 6329b(b)(2)(A) of title 5, United States Code;
and
‘‘(ii) in the communication, the President includes a
report on the determination described in clause (i), which
shall include—
‘‘(I) a specification of which clause of section
6329b(b)(2)(A) of title 5, United States Code, the President has determined applies under clause (i) of this
subparagraph;
‘‘(II) the substantive rationale, including detailed
and case-specific reasons, for the determination made
under clause (i);
‘‘(III) an identification of each entity that is conducting, or that conducted, any inquiry upon which
the determination under clause (i) was made; and
‘‘(IV) in the case of an inquiry described in subclause (III) that is completed, the findings made during
that inquiry.
‘‘(C) The President may not place an Inspector General
on non-duty status during the 30-day period preceding the
date on which the Inspector General is removed or transferred
under paragraph (1)(A) unless the President—
‘‘(i) has made a determination that the continued presence of the Inspector General in the workplace poses a
threat described in any of clauses (i) through (iv) of section
6329b(b)(2)(A) of title 5, United States Code; and
‘‘(ii) not later than the date on which the change in
status takes effect, submits to both Houses of Congress
(including to the appropriate congressional committees) a
written communication that contains the information
required under subparagraph (B), including the report
required under clause (ii) of that subparagraph.
‘‘(D) For the purposes of this paragraph—
‘‘(i) the term ‘Inspector General’—
‘‘(I) means an Inspector General who was
appointed by the President, without regard to whether
the Senate provided advice and consent with respect
to that appointment; and
‘‘(II) includes the Inspector General of an establishment, the Special Inspector General for Afghanistan
Reconstruction, the Special Inspector General for the
Troubled Asset Relief Program, and the Special
Inspector General for Pandemic Recovery; and
‘‘(ii) a reference to the removal or transfer of an
Inspector General under paragraph (1), or to the written
communication described in that paragraph, shall be
considered to be—
‘‘(I) in the case of the Special Inspector General
for Afghanistan Reconstruction, a reference to section
1229(c)(6) of the National Defense Authorization Act
for Fiscal Year 2008 (Public Law 110–181; 122 Stat.
378);
‘‘(II) in the case of the Special Inspector General
for the Troubled Asset Relief Program, a reference

H. R. 7776—830
to section 121(b)(4) of the Emergency Economic Stabilization Act of 2008 (12 U.S.C. 5231(b)(4)); and
‘‘(III) in the case of the Special Inspector General
for Pandemic Recovery, a reference to section
4018(b)(3) of the CARES Act (15 U.S.C. 9053(b)(3)).’’;
(2) in section 8G(e)—
(A) in paragraph (1), by inserting ‘‘or placement on
non-duty status’’ after ‘‘a removal’’;
(B) in paragraph (2)—
(i) by inserting ‘‘(A)’’ after ‘‘(2)’’;
(ii) in subparagraph (A), as so designated, in the
first sentence—
(I) by striking ‘‘reasons’’ and inserting the following: ‘‘substantive rationale, including detailed
and case-specific reasons,’’; and
(II) by inserting ‘‘(including to the appropriate
congressional committees)’’ after ‘‘Houses of Congress’’; and
(iii) by adding at the end the following:
‘‘(B) If there is an open or completed inquiry into
an Inspector General that relates to the removal or transfer
of the Inspector General under subparagraph (A), the written communication required under that subparagraph
shall—
‘‘(i) identify each entity that is conducting, or that
conducted, the inquiry; and
‘‘(ii) in the case of a completed inquiry, contain
the findings made during the inquiry.’’; and
(C) by adding at the end the following:
‘‘(3)(A) Subject to the other provisions of this paragraph,
only the head of the applicable designated Federal entity
(referred to in this paragraph as the ‘covered official’) may
place an Inspector General on non-duty status.
‘‘(B) If a covered official places an Inspector General on
non-duty status, the covered official shall communicate in
writing the substantive rationale, including detailed and casespecific reasons, for the change in status to both Houses of
Congress (including to the appropriate congressional committees) not later than 15 days before the date on which the
change in status takes effect, except that the covered official
may submit that communication not later than the date on
which the change in status takes effect if—
‘‘(i) the covered official has made a determination that
the continued presence of the Inspector General in the
workplace poses a threat described in any of clauses (i)
through (iv) of section 6329b(b)(2)(A) of title 5, United
States Code; and
‘‘(ii) in the communication, the covered official includes
a report on the determination described in clause (i), which
shall include—
‘‘(I) a specification of which clause of section
6329b(b)(2)(A) of title 5, United States Code, the covered official has determined applies under clause (i)
of this subparagraph;
‘‘(II) the substantive rationale, including detailed
and case-specific reasons, for the determination made
under clause (i);

H. R. 7776—831
‘‘(III) an identification of each entity that is conducting, or that conducted, any inquiry upon which
the determination under clause (i) was made; and
‘‘(IV) in the case of an inquiry described in subclause (III) that is completed, the findings made during
that inquiry.
‘‘(C) A covered official may not place an Inspector General
on non-duty status during the 30-day period preceding the
date on which the Inspector General is removed or transferred
under paragraph (2)(A) unless the covered official—
‘‘(i) has made a determination that the continued presence of the Inspector General in the workplace poses a
threat described in any of clauses (i) through (iv) of section
6329b(b)(2)(A) of title 5, United States Code; and
‘‘(ii) not later than the date on which the change in
status takes effect, submits to both Houses of Congress
(including to the appropriate congressional committees) a
written communication that contains the information
required under subparagraph (B), including the report
required under clause (ii) of that subparagraph.
‘‘(D) Nothing in this paragraph may be construed to limit
or otherwise modify—
‘‘(i) any statutory protection that is afforded to an
Inspector General; or
‘‘(ii) any other action that a covered official may take
under law with respect to an Inspector General.’’;
(3) in section 103H(c) of the National Security Act (50
U.S.C. 3033(c))—
(A) in paragraph (4)—
(i) by inserting ‘‘(A)’’ after ‘‘(4)’’;
(ii) in subparagraph (A), as so designated, in the
second sentence, by striking ‘‘reasons’’ and inserting
‘‘substantive rationale, including detailed and case-specific reasons,’’; and
(iii) by adding at the end the following:
‘‘(B) If there is an open or completed inquiry into the
Inspector General that relates to the removal or transfer of
the Inspector General under subparagraph (A), the written
communication required under that subparagraph shall—
‘‘(i) identify each entity that is conducting, or that
conducted, the inquiry; and
‘‘(ii) in the case of a completed inquiry, contain the
findings made during the inquiry.’’; and
(B) by adding at the end the following:
‘‘(5)(A) Subject to the other provisions of this paragraph,
only the President may place the Inspector General on nonduty
status.
‘‘(B) If the President places the Inspector General on
nonduty status, the President shall communicate in writing
the substantive rationale, including detailed and case-specific
reasons, for the change in status to the congressional intelligence committees not later than 15 days before the date
on which the change in status takes effect, except that the
President may submit that communication not later than the
date on which the change in status takes effect if—

H. R. 7776—832
‘‘(i) the President has made a determination that the
continued presence of the Inspector General in the workplace poses a threat described in any of clauses (i) through
(iv) of section 6329b(b)(2)(A) of title 5, United States Code;
and
‘‘(ii) in the communication, the President includes a
report on the determination described in clause (i), which
shall include—
‘‘(I) a specification of which clause of section
6329b(b)(2)(A) of title 5, United States Code, the President has determined applies under clause (i);
‘‘(II) the substantive rationale, including detailed
and case-specific reasons, for the determination made
under clause (i);
‘‘(III) an identification of each entity that is conducting, or that conducted, any inquiry upon which
the determination under clause (i) was made; and
‘‘(IV) in the case of an inquiry described in subclause (III) that is completed, the findings made during
that inquiry.
‘‘(C) The President may not place the Inspector General
on nonduty status during the 30-day period preceding the date
on which the Inspector General is removed or transferred under
paragraph (4)(A) unless the President—
‘‘(i) has made a determination that the continued presence of the Inspector General in the workplace poses a
threat described in any of clauses (i) through (iv) of section
6329b(b)(2)(A) of title 5, United States Code; and
‘‘(ii) not later than the date on which the change in
status takes effect, submits to the congressional intelligence
committees a written communication that contains the
information required under subparagraph (B), including
the report required under clause (ii) of that subparagraph.’’;
and
(4) in section 17(b) of the Central Intelligence Agency Act
of 1949 (50 U.S.C. 3517(b))—
(A) in paragraph (6)—
(i) by inserting ‘‘(A)’’ after ‘‘(6)’’;
(ii) in subparagraph (A), as so designated, in the
second sentence, by striking ‘‘reasons’’ and inserting
‘‘substantive rationale, including detailed and case-specific reasons,’’; and
(iii) by adding at the end the following:
‘‘(B) If there is an open or completed inquiry into the
Inspector General that relates to the removal or transfer of
the Inspector General under subparagraph (A), the written
communication required under that subparagraph shall—
‘‘(i) identify each entity that is conducting, or that
conducted, the inquiry; and
‘‘(ii) in the case of a completed inquiry, contain the
findings made during the inquiry.’’; and
(B) by adding at the end the following:
‘‘(7)(A) Subject to the other provisions of this paragraph,
only the President may place the Inspector General on nonduty
status.
‘‘(B) If the President places the Inspector General on
nonduty status, the President shall communicate in writing

H. R. 7776—833
the substantive rationale, including detailed and case-specific
reasons, for the change in status to the congressional intelligence committees not later than 15 days before the date
on which the change in status takes effect, except that the
President may submit that communication not later than the
date on which the change in status takes effect if—
‘‘(i) the President has made a determination that the
continued presence of the Inspector General in the workplace poses a threat described in any of clauses (i) through
(iv) of section 6329b(b)(2)(A) of title 5, United States Code;
and
‘‘(ii) in the communication, the President includes a
report on the determination described in clause (i), which
shall include—
‘‘(I) a specification of which clause of section
6329b(b)(2)(A) of title 5, United States Code, the President has determined applies under clause (i);
‘‘(II) the substantive rationale, including detailed
and case-specific reasons, for the determination made
under clause (i);
‘‘(III) an identification of each entity that is conducting, or that conducted, any inquiry upon which
the determination under clause (i) was made; and
‘‘(IV) in the case of an inquiry described in subclause (III) that is completed, the findings made during
that inquiry.
‘‘(C) The President may not place the Inspector General
on non-duty status during the 30-day period preceding the
date on which the Inspector General is removed or transferred
under paragraph (6)(A) unless the President—
‘‘(i) has made a determination that the continued presence of the Inspector General in the workplace poses a
threat described in any of clauses (i) through (iv) of section
6329b(b)(2)(A) of title 5, United States Code; and
‘‘(ii) not later than the date on which the change in
status takes effect, submits to the congressional intelligence
committees a written communication that contains the
information required under subparagraph (B), including
the report required under clause (ii) of that subparagraph.’’.
(b) TECHNICAL AND CONFORMING AMENDMENT.—Section 12(3)
of the Inspector General Act of 1978 (5 U.S.C. App.) is amended
by inserting ‘‘except as otherwise expressly provided,’’ before ‘‘the
term’’.
SEC. 5203. VACANCY IN POSITION OF INSPECTOR GENERAL.

(a) IN GENERAL.—Section 3 of the Inspector General Act of
1978 (5 U.S.C. App.) is amended by adding at the end the following:
‘‘(h)(1) In this subsection—
‘‘(A) the term ‘first assistant to the position of Inspector
General’ means, with respect to an Office of Inspector General—
‘‘(i) an individual who, as of the day before the date
on which the Inspector General dies, resigns, or otherwise
becomes unable to perform the functions and duties of
that position—
‘‘(I) is serving in a position in that Office; and
‘‘(II) has been designated in writing by the
Inspector General, through an order of succession or

H. R. 7776—834
otherwise, as the first assistant to the position of
Inspector General; or
‘‘(ii) if the Inspector General has not made a designation described in clause (i)(II)—
‘‘(I) the Principal Deputy Inspector General of that
Office, as of the day before the date on which the
Inspector General dies, resigns, or otherwise becomes
unable to perform the functions and duties of that
position; or
‘‘(II) if there is no Principal Deputy Inspector General of that Office, the Deputy Inspector General of
that Office, as of the day before the date on which
the Inspector General dies, resigns, or otherwise
becomes unable to perform the functions and duties
of that position; and
‘‘(B) the term ‘Inspector General’—
‘‘(i) means an Inspector General who is appointed by
the President, by and with the advice and consent of the
Senate; and
‘‘(ii) includes the Inspector General of an establishment, the Special Inspector General for the Troubled Asset
Relief Program, and the Special Inspector General for Pandemic Recovery.
‘‘(2) If an Inspector General dies, resigns, or is otherwise unable
to perform the functions and duties of the position—
‘‘(A) section 3345(a) of title 5, United States Code, and
section 103(e) of the National Security Act of 1947 (50 U.S.C.
3025(e)) shall not apply;
‘‘(B) subject to paragraph (4), the first assistant to the
position of Inspector General shall perform the functions and
duties of the Inspector General temporarily in an acting
capacity subject to the time limitations of section 3346 of title
5, United States Code; and
‘‘(C) notwithstanding subparagraph (B), and subject to
paragraphs (4) and (5), the President (and only the President)
may direct an officer or employee of any Office of an Inspector
General to perform the functions and duties of the Inspector
General temporarily in an acting capacity subject to the time
limitations of section 3346 of title 5, United States Code, only
if—
‘‘(i) during the 365-day period preceding the date of
death, resignation, or beginning of inability to serve of
the Inspector General, the officer or employee served in
a position in an Office of an Inspector General for not
less than 90 days, except that—
‘‘(I) the requirement under this clause shall not
apply if the officer is an Inspector General; and
‘‘(II) for the purposes of this subparagraph, performing the functions and duties of an Inspector General temporarily in an acting capacity does not qualify
as service in a position in an Office of an Inspector
General;
‘‘(ii) the rate of pay for the position of the officer
or employee described in clause (i) is equal to or greater
than the minimum rate of pay payable for a position at
GS–15 of the General Schedule;

H. R. 7776—835
‘‘(iii) the officer or employee has demonstrated ability
in accounting, auditing, financial analysis, law, management analysis, public administration, or investigations; and
‘‘(iv) not later than 30 days before the date on which
the direction takes effect, the President communicates in
writing to both Houses of Congress (including to the appropriate congressional committees) the substantive rationale,
including the detailed and case-specific reasons, for such
direction, including the reason for the direction that someone other than the individual who is performing the functions and duties of the Inspector General temporarily in
an acting capacity (as of the date on which the President
issues that direction) perform those functions and duties
temporarily in an acting capacity.
‘‘(3) Notwithstanding section 3345(a) of title 5, United States
Code, and subparagraphs (B) and (C) of paragraph (2), and subject
to paragraph (4), during any period in which an Inspector General
is on non-duty status—
‘‘(A) the first assistant to the position of Inspector General
shall perform the functions and duties of the position temporarily in an acting capacity subject to the time limitations
of section 3346 of title 5, United States Code; and
‘‘(B) if the first assistant described in subparagraph (A)
dies, resigns, or becomes otherwise unable to perform those
functions and duties, the President (and only the President)
may direct an officer or employee in that Office of Inspector
General to perform those functions and duties temporarily in
an acting capacity, subject to the time limitations of section
3346 of title 5, United States Code, if—
‘‘(i) that direction satisfies the requirements under
clauses (ii), (iii), and (iv) of paragraph (2)(C); and
‘‘(ii) that officer or employee served in a position in
that Office of Inspector General for not fewer than 90
of the 365 days preceding the date on which the President
makes that direction.
‘‘(4) An individual may perform the functions and duties of
an Inspector General temporarily and in an acting capacity under
subparagraph (B) or (C) of paragraph (2), or under paragraph
(3), with respect to only 1 Inspector General position at any given
time.
‘‘(5) If the President makes a direction under paragraph (2)(C),
during the 30-day period preceding the date on which the direction
of the President takes effect, the functions and duties of the position
of the applicable Inspector General shall be performed by—
‘‘(A) the first assistant to the position of Inspector General;
or
‘‘(B) the individual performing those functions and duties
temporarily in an acting capacity, as of the date on which
the President issues that direction, if that individual is an
individual other than the first assistant to the position of
Inspector General.’’.
(b) AMENDMENT TO NATIONAL SECURITY ACT.—Section 103H(c)
of the National Security Act (50 U.S.C. 3033(c)), as amended by
section 5202, is further amended by adding at the end the following:
‘‘(6)(A) In this subsection, the term ‘first assistant to the
position of Inspector General’ has the meaning given in section
3 of the Inspector General Act of 1978 (5 U.S.C. App.).

H. R. 7776—836
‘‘(B) If the Inspector General dies, resigns, or is otherwise
unable to perform the functions and duties of the position—
‘‘(i) section 3345(a) of title 5, United States Code, and
section 103(e) of the National Security Act of 1947 (50
U.S.C. 3025(e)) shall not apply;
‘‘(ii) subject to subparagraph (D), the first assistant
to the position of Inspector General shall perform the functions and duties of the Inspector General temporarily in
an acting capacity subject to the time limitations of section
3346 of title 5, United States Code; and
‘‘(iii) notwithstanding clause (ii), and subject to subparagraphs (D) and (E), the President (and only the President) may direct an officer or employee of any Office of
an Inspector General to perform the functions and duties
of the Inspector General temporarily in an acting capacity
subject to the time limitations of section 3346 of title 5,
United States Code, only if—
‘‘(I) during the 365-day period preceding the date
of death, resignation, or beginning of inability to serve
of the Inspector General, the officer or employee served
in a position in an Office of an Inspector General
for not less than 90 days, except that—
‘‘(aa) the requirement under this subclause
shall not apply if the officer is an Inspector General; and
‘‘(bb) for the purposes of this clause, performing the functions and duties of an Inspector
General temporarily in an acting capacity does
not qualify as service in a position in an Office
of an Inspector General;
‘‘(II) the rate of pay for the position of the officer
or employee described in subclause (I) is equal to or
greater than the minimum rate of pay payable for
a position at GS–15 of the General Schedule;
‘‘(III) the officer or employee has demonstrated
ability in accounting, auditing, financial analysis, law,
management analysis, public administration, or investigations; and
‘‘(IV) not later than 30 days before the date on
which the direction takes effect, the President communicates in writing to the congressional intelligence
committees the substantive rationale, including the
detailed and case-specific reasons, for such direction,
including the reason for the direction that someone
other than the individual who is performing the functions and duties of the Inspector General temporarily
in an acting capacity (as of the date on which the
President issues that direction) perform those functions
and duties temporarily in an acting capacity.
‘‘(C) Notwithstanding section 3345(a) of title 5, United
States Code, section 103(e) of the National Security Act of
1947 (50 U.S.C. 3025(e)), and clauses (ii) and (iii) of subparagraph (B), and subject to subparagraph (D), during any period
in which the Inspector General is on nonduty status—
‘‘(i) the first assistant to the position of Inspector General shall perform the functions and duties of the position

H. R. 7776—837
temporarily in an acting capacity subject to the time limitations of section 3346 of title 5, United States Code; and
‘‘(ii) if the first assistant described in clause (i) dies,
resigns, or becomes otherwise unable to perform those functions and duties, the President (and only the President)
may direct an officer or employee in the Office of Inspector
General to perform those functions and duties temporarily
in an acting capacity, subject to the time limitations of
section 3346 of title 5, United States Code, if—
‘‘(I) that direction satisfies the requirements under
subclauses (II), (III), and (IV) of subparagraph (B)(iii);
and
‘‘(II) that officer or employee served in a position
in that Office of Inspector General for not fewer than
90 of the 365 days preceding the date on which the
President makes that direction.
‘‘(D) An individual may perform the functions and duties
of the Inspector General temporarily and in an acting capacity
under clause (ii) or (iii) of subparagraph (B), or under subparagraph (C), with respect to only 1 Inspector General position
at any given time.
‘‘(E) If the President makes a direction under subparagraph
(B)(iii), during the 30-day period preceding the date on which
the direction of the President takes effect, the functions and
duties of the position of the Inspector General shall be performed by—
‘‘(i) the first assistant to the position of Inspector General; or
‘‘(ii) the individual performing those functions and
duties temporarily in an acting capacity, as of the date
on which the President issues that direction, if that individual is an individual other than the first assistant to
the position of Inspector General.’’.
(c) AMENDMENT TO CENTRAL INTELLIGENCE AGENCY ACT.—Section 17(b) of the Central Intelligence Agency Act of 1949 (50 U.S.C.
3517(b)), as amended by section 5202, is further amended by adding
at the end the following:
‘‘(8)(A) In this subsection, the term ‘first assistant to the
position of Inspector General’ has the meaning given in section
3 of the Inspector General Act of 1978 (5 U.S.C. App.).
‘‘(B) If the Inspector General dies, resigns, or is otherwise
unable to perform the functions and duties of the position—
‘‘(i) section 3345(a) of title 5, United States Code shall
not apply;
‘‘(ii) subject to subparagraph (D), the first assistant
to the position of Inspector General shall perform the functions and duties of the Inspector General temporarily in
an acting capacity subject to the time limitations of section
3346 of title 5, United States Code; and
‘‘(iii) notwithstanding clause (ii), and subject to subparagraphs (D) and (E), the President (and only the President) may direct an officer or employee of any Office of
an Inspector General to perform the functions and duties
of the Inspector General temporarily in an acting capacity
subject to the time limitations of section 3346 of title 5,
United States Code, only if—

H. R. 7776—838
‘‘(I) during the 365-day period preceding the date
of death, resignation, or beginning of inability to serve
of the Inspector General, the officer or employee served
in a position in an Office of an Inspector General
for not less than 90 days, except that—
‘‘(aa) the requirement under this subclause
shall not apply if the officer is an Inspector General; and
‘‘(bb) for the purposes of this clause, performing the functions and duties of an Inspector
General temporarily in an acting capacity does
not qualify as service in a position in an Office
of an Inspector General;
‘‘(II) the rate of pay for the position of the officer
or employee described in subclause (I) is equal to or
greater than the minimum rate of pay payable for
a position at GS–15 of the General Schedule;
‘‘(III) the officer or employee has demonstrated
ability in accounting, auditing, financial analysis, law,
management analysis, public administration, or investigations; and
‘‘(IV) not later than 30 days before the date on
which the direction takes effect, the President communicates in writing to the congressional intelligence
committees the substantive rationale, including the
detailed and case-specific reasons, for such direction,
including the reason for the direction that someone
other than the individual who is performing the functions and duties of the Inspector General temporarily
in an acting capacity (as of the date on which the
President issues that direction) perform those functions
and duties temporarily in an acting capacity.
‘‘(C) Notwithstanding section 3345(a) of title 5, United
States Code and clauses (ii) and (iii) of subparagraph (B),
and subject to subparagraph (D), during any period in which
the Inspector General is on nonduty status—
‘‘(i) the first assistant to the position of Inspector General shall perform the functions and duties of the position
temporarily in an acting capacity subject to the time limitations of section 3346 of title 5, United States Code; and
‘‘(ii) if the first assistant described in clause (i) dies,
resigns, or becomes otherwise unable to perform those functions and duties, the President (and only the President)
may direct an officer or employee in the Office of Inspector
General to perform those functions and duties temporarily
in an acting capacity, subject to the time limitations of
section 3346 of title 5, United States Code, if—
‘‘(I) that direction satisfies the requirements under
subclauses (II), (III), and (IV) of subparagraph (B)(iii);
and
‘‘(II) that officer or employee served in a position
in that Office of Inspector General for not fewer than
90 of the 365 days preceding the date on which the
President makes that direction.
‘‘(D) An individual may perform the functions and duties
of the Inspector General temporarily and in an acting capacity

H. R. 7776—839
under clause (ii) or (iii) of subparagraph (B), or under subparagraph (C), with respect to only 1 Inspector General position
at any given time.
‘‘(E) If the President makes a direction under subparagraph
(B)(iii), during the 30-day period preceding the date on which
the direction of the President takes effect, the functions and
duties of the position of the Inspector General shall be performed by—
‘‘(i) the first assistant to the position of Inspector General; or
‘‘(ii) the individual performing those functions and
duties temporarily in an acting capacity, as of the date
on which the President issues that direction, if that individual is an individual other than the first assistant to
the position of Inspector General.’’.
(d) RULE OF CONSTRUCTION.—Nothing in the amendment made
by subsection (a) may be construed to limit the applicability of
sections 3345 through 3349d of title 5, United States Code (commonly known as the ‘‘Federal Vacancies Reform Act of 1998’’),
other than with respect to section 3345(a) of that title.
(e) EFFECTIVE DATE.—
(1) DEFINITION.—In this subsection, the term ‘‘Inspector
General’’ has the meaning given the term in subsection (h)(1)(B)
of section 3 of the Inspector General Act of 1978 (5 U.S.C.
App.), as added by subsection (a) of this section.
(2) APPLICABILITY.—
(A) IN GENERAL.—Except as provided in subparagraph
(B), this section, and the amendments made by this section,
shall take effect on the date of enactment of this Act.
(B) EXISTING VACANCIES.—If, as of the date of enactment of this Act, an individual is performing the functions
and duties of an Inspector General temporarily in an acting
capacity, this section, and the amendments made by this
section, shall take effect with respect to that Inspector
General position on the date that is 30 days after the
date of enactment of this Act.
SEC. 5204. OFFICE OF INSPECTOR GENERAL WHISTLEBLOWER COMPLAINTS.

(a) WHISTLEBLOWER PROTECTION COORDINATOR.—Section
3(d)(1)(C) of the Inspector General Act of 1978 (5 U.S.C. App.)
is amended—
(1) in clause (i), in the matter preceding subclause (I),
by inserting ‘‘, including employees of that Office of Inspector
General’’ after ‘‘employees’’; and
(2) in clause (iii), by inserting ‘‘(including the Integrity
Committee of that Council)’’ after ‘‘and Efficiency’’.
(b) COUNCIL OF THE INSPECTORS GENERAL ON INTEGRITY AND
EFFICIENCY.—Section 11(c)(5)(B) of the Inspector General Act of
1978 (5 U.S.C. App.) is amended by striking ‘‘, allegations of
reprisal,’’ and inserting the following: ‘‘and allegations of reprisal
(including the timely and appropriate handling and consideration
of protected disclosures and allegations of reprisal that are internal
to an Office of Inspector General)’’.

H. R. 7776—840

Subtitle B—Presidential Explanation of
Failure to Nominate an Inspector General
SEC. 5221. PRESIDENTIAL EXPLANATION OF FAILURE TO NOMINATE
AN INSPECTOR GENERAL.

(a) IN GENERAL.—Subchapter III of chapter 33 of title 5, United
States Code, is amended by inserting after section 3349d the following:
‘‘§ 3349e. Presidential explanation of failure to nominate an
inspector general
‘‘If the President fails to make a formal nomination for a
vacant inspector general position that requires a formal nomination
by the President to be filled within the period beginning on the
later of the date on which the vacancy occurred or on which a
nomination is rejected, withdrawn, or returned, and ending on
the day that is 210 days after that date, the President shall communicate, within 30 days after the end of such period and not later
than June 1 of each year thereafter, to the appropriate congressional
committees, as defined in section 12 of the Inspector General Act
of 1978 (5 U.S.C. App.)—
‘‘(1) the reasons why the President has not yet made a
formal nomination; and
‘‘(2) a target date for making a formal nomination.’’.
(b) TECHNICAL AND CONFORMING AMENDMENT.—The table of
sections for subchapter III of chapter 33 of title 5, United States
Code, is amended by inserting after the item relating to section
3349d the following:
‘‘3349e. Presidential explanation of failure to nominate an Inspector General.’’.

(c) EFFECTIVE DATE.—The amendment made by subsection (a)
shall take effect—
(1) on the date of enactment of this Act with respect to
any vacancy first occurring on or after that date; and
(2) on the day that is 210 days after the date of enactment
of this Act with respect to any vacancy that occurred before
the date of enactment of this Act.

Subtitle C—Integrity Committee of the
Council of Inspectors General on Integrity and Efficiency Transparency
SEC. 5231. SHORT TITLE.

This subtitle may be cited as the ‘‘Integrity Committee Transparency Act of 2022’’.
SEC. 5232. ADDITIONAL INFORMATION TO BE INCLUDED IN REQUESTS
AND REPORTS TO CONGRESS.

Section 11(d) of the Inspector General Act of 1978 (5 U.S.C.
App.) is amended—
(1) in paragraph (5)(B)(ii), by striking the period at the
end and inserting ‘‘, the length of time the Integrity Committee
has been evaluating the allegation of wrongdoing, and a description of any previous written notice provided under this clause

H. R. 7776—841
with respect to the allegation of wrongdoing, including the
description provided for why additional time was needed.’’; and
(2) in paragraph (8)(A)(ii), by inserting ‘‘or corrective action’’
after ‘‘disciplinary action’’.
SEC. 5233. AVAILABILITY OF INFORMATION TO CONGRESS ON CERTAIN
ALLEGATIONS OF WRONGDOING CLOSED WITHOUT
REFERRAL.

Section 11(d)(5)(B) of the Inspector General Act of 1978 (5
U.S.C. App.) is amended by adding at the end the following:
‘‘(iii) AVAILABILITY OF INFORMATION TO CONGRESS
ON CERTAIN ALLEGATIONS
WITHOUT REFERRAL.—With

OF

WRONGDOING

CLOSED

respect to an allegation of
wrongdoing made by a member of Congress that is
closed by the Integrity Committee without referral to
the Chairperson of the Integrity Committee to initiate
an investigation, the Chairperson of the Integrity Committee shall, not later than 60 days after closing the
allegation of wrongdoing, provide a written description
of the nature of the allegation of wrongdoing and how
the Integrity Committee evaluated the allegation of
wrongdoing to—
‘‘(I) the Chair and Ranking Minority Member
of the Committee on Homeland Security and
Governmental Affairs of the Senate; and
‘‘(II) the Chair and Ranking Minority Member
of the Committee on Oversight and Reform of the
House of Representatives.’’.
SEC. 5234. SEMIANNUAL REPORT.

Section 11(d)(9) of the Inspector General Act of 1978 (5 U.S.C.
App.) is amended to read as follows:
‘‘(9) SEMIANNUAL REPORT.—On or before May 31, 2023,
and every 6 months thereafter, the Council shall submit to
Congress and the President a report on the activities of the
Integrity Committee during the immediately preceding 6-month
periods ending March 31 and September 30, which shall include
the following with respect to allegations of wrongdoing that
are made against Inspectors General and staff members of
the various Offices of Inspector General described in paragraph
(4)(C):
‘‘(A) An overview and analysis of the allegations of
wrongdoing disposed of by the Integrity Committee,
including—
‘‘(i) analysis of the positions held by individuals
against whom allegations were made, including the
duties affiliated with such positions;
‘‘(ii) analysis of the categories or types of the
allegations of wrongdoing; and
‘‘(iii) a summary of disposition of all the allegations.
‘‘(B) The number of allegations received by the Integrity
Committee.
‘‘(C) The number of allegations referred to the Department of Justice or the Office of Special Counsel, including
the number of allegations referred for criminal investigation.

H. R. 7776—842
‘‘(D) The number of allegations referred to the Chairperson of the Integrity Committee for investigation, a general description of the status of such investigations, and
a summary of the findings of investigations completed.
‘‘(E) An overview and analysis of allegations of wrongdoing received by the Integrity Committee during any previous reporting period, but remained pending during some
part of the six months covered by the report, including—
‘‘(i) analysis of the positions held by individuals
against whom allegations were made, including the
duties affiliated with such positions;
‘‘(ii) analysis of the categories or types of the
allegations of wrongdoing; and
‘‘(iii) a summary of disposition of all the allegations.
‘‘(F) The number and category or type of pending investigations.
‘‘(G) For each allegation received—
‘‘(i) the date on which the investigation was
opened;
‘‘(ii) the date on which the allegation was disposed
of, as applicable; and
‘‘(iii) the case number associated with the allegation.
‘‘(H) The nature and number of allegations to the Integrity Committee closed without referral, including the justification for why each allegation was closed without
referral.
‘‘(I) A brief description of any difficulty encountered
by the Integrity Committee when receiving, evaluating,
investigating, or referring for investigation an allegation
received by the Integrity Committee, including a brief
description of—
‘‘(i) any attempt to prevent or hinder an investigation; or
‘‘(ii) concerns about the integrity or operations at
an Office of Inspector General.
‘‘(J) Other matters that the Council considers appropriate.’’.
SEC. 5235. ADDITIONAL REPORTS.

Section 5 of the Inspector General Act of 1978 (5 U.S.C. App.)
is amended—
(1) by redesignating subsections (e) and (f) as subsections
(g) and (h), respectively; and
(2) by inserting after subsection (d) the following:
‘‘(e) ADDITIONAL REPORTS.—
‘‘(1) REPORT TO INSPECTOR GENERAL.—The Chairperson of
the Integrity Committee of the Council of the Inspectors General on Integrity and Efficiency shall, immediately whenever
the Chairperson of the Integrity Committee becomes aware
of particularly serious or flagrant problems, abuses, or deficiencies relating to the administration of programs and operations of an Office of Inspector General for which the Integrity
Committee may receive, review, and refer for investigation
allegations of wrongdoing under section 11(d), submit a report
to the Inspector General who leads the Office at which the

H. R. 7776—843
serious or flagrant problems, abuses, or deficiencies were
alleged.
‘‘(2) REPORT TO PRESIDENT, CONGRESS, AND THE ESTABLISHMENT.—Not later than 7 days after the date on which an
Inspector General receives a report submitted under paragraph
(1), the Inspector General shall submit to the President, the
appropriate congressional committees, and the head of the
establishment—
‘‘(A) the report received under paragraph (1); and
‘‘(B) a report by the Inspector General containing any
comments the Inspector General determines appropriate.’’.
SEC. 5236. REQUIREMENT TO REPORT FINAL DISPOSITION TO CONGRESS.

Section 11(d)(8)(B) of the Inspector General Act of 1978 (5
U.S.C. App.) is amended by inserting ‘‘and the appropriate congressional committees’’ after ‘‘Integrity Committee’’.
SEC. 5237. INVESTIGATIONS OF OFFICES OF INSPECTOR GENERAL OF
ESTABLISHMENTS BY THE INTEGRITY COMMITTEE.

Section 11(d)(7)(B)(i)(V) of the Inspector General Act of 1978
(5 U.S.C. App.) is amended by inserting ‘‘, and that an investigation
of an Office of Inspector General of an establishment is conducted
by another Office of Inspector General of an establishment’’ after
‘‘size’’.

Subtitle D—Notice of Ongoing Investigations When There Is a Change in Status
of Inspector General
SEC. 5241. NOTICE OF ONGOING INVESTIGATIONS WHEN THERE IS
A CHANGE IN STATUS OF INSPECTOR GENERAL.

Section 5 of the Inspector General Act of 1978 (5 U.S.C. App.)
is amended by inserting after subsection (e), as added by section
5625 of this title, the following:
‘‘(f)(1) Except as provided in paragraph (2), not later than
15 days after an Inspector General is removed, placed on paid
or unpaid nonduty status, or transferred to another position or
location within an establishment, the officer or employee performing
the functions and duties of the Inspector General temporarily in
an acting capacity shall submit to the appropriate congressional
committees information regarding work being conducted by the
Office as of the date on which the Inspector General was removed,
placed on paid or unpaid non-duty status, or transferred, which
shall include—
‘‘(A) for each investigation—
‘‘(i) the type of alleged offense;
‘‘(ii) the fiscal quarter in which the Office initiated
the investigation;
‘‘(iii) the relevant Federal agency, including the relevant component of that Federal agency for any Federal
agency listed in section 901(b) of title 31, United States
Code, under investigation or affiliated with the individual
or entity under investigation; and

H. R. 7776—844
‘‘(iv) whether the investigation is administrative, civil,
criminal, or a combination thereof, if known; and
‘‘(B) for any work not described in subparagraph (A)—
‘‘(i) a description of the subject matter and scope;
‘‘(ii) the relevant agency, including the relevant component of that Federal agency, under review;
‘‘(iii) the date on which the Office initiated the work;
and
‘‘(iv) the expected time frame for completion.
‘‘(2) With respect to an inspector general of an element of
the intelligence community specified in section 8G(d)(2) of the
Inspector General Act of 1978 (5 U.S.C. App.), the submission
required by paragraph (1) shall only be made to the committees
of Congress specified in section 8G(d)(2)(E).’’.

Subtitle E—Council of the Inspectors General on Integrity and Efficiency Report
on Expenditures
SEC. 5251. CIGIE REPORT ON EXPENDITURES.

Section 11(c)(3) of the Inspector General Act of 1978 (5 U.S.C.
App.) is amended by adding at the end the following:
‘‘(D) REPORT ON EXPENDITURES.—Not later than
November 30 of each year, the Chairperson shall submit
to the appropriate committees or subcommittees of Congress, including the Committee on Appropriations of the
Senate and the Committee on Appropriations of the House
of Representatives, a report on the expenditures of the
Council for the preceding fiscal year, including from direct
appropriations to the Council, interagency funding pursuant to subparagraph (A), a revolving fund pursuant to
subparagraph (B), or any other source.’’.

Subtitle F—Notice of Refusal to Provide
Inspectors General Access
SEC. 5261. NOTICE OF REFUSAL TO PROVIDE INFORMATION OR ASSISTANCE TO INSPECTORS GENERAL.

Section 6(c) of the Inspector General Act of 1978 (5 U.S.C.
App.) is amended by adding at the end the following:
‘‘(3) If the information or assistance that is the subject
of a report under paragraph (2) is not provided to the Inspector
General by the date that is 30 days after the report is made,
the Inspector General shall submit a notice that the information
or assistance requested has not been provided by the head
of the establishment involved or the head of the Federal agency
involved, as applicable, to the appropriate congressional
committees.’’.

H. R. 7776—845

Subtitle G—Training Resources for
Inspectors General and Other Matters
SEC. 5271. TRAINING RESOURCES FOR INSPECTORS GENERAL.

Section 11(c)(1) of the Inspector General Act of 1978 (5 U.S.C.
App.) is amended—
(1) by redesignating subparagraphs (E) through (I) as subparagraphs (F) through (J), respectively; and
(2) by inserting after subparagraph (D) the following:
‘‘(E) support the professional development of Inspectors
General, including by providing training opportunities on
the duties, responsibilities, and authorities under this Act
and on topics relevant to Inspectors General and the work
of Inspectors General, as identified by Inspectors General
and the Council.’’.
SEC. 5272. DEFINITION OF APPROPRIATE CONGRESSIONAL COMMITTEES.

The Inspector General Act of 1978 (5 U.S.C. App.) is amended—
(1) in section 5—
(A) in subsection (b), in the matter preceding paragraph
(1), by striking ‘‘committees or subcommittees of the Congress’’ and inserting ‘‘congressional committees’’; and
(B) in subsection (d), by striking ‘‘committees or subcommittees of Congress’’ and inserting ‘‘congressional
committees’’;
(2) in section 6(h)(4)—
(A) in subparagraph (B), by striking ‘‘Government’’;
and
(B) by amending subparagraph (C) to read as follows:
‘‘(C) Any other relevant congressional committee or
subcommittee of jurisdiction.’’;
(3) in section 8—
(A) in subsection (b)—
(i) in paragraph (3), by striking ‘‘the Committees
on Armed Services and Governmental Affairs of the
Senate and the Committee on Armed Services and
the Committee on Government Reform and Oversight
of the House of Representatives and to other appropriate committees or subcommittees of the Congress’’
and inserting ‘‘the appropriate congressional committees, including the Committee on Armed Services of
the Senate and the Committee on Armed Services of
the House of Representatives’’; and
(ii) in paragraph (4), by striking ‘‘and to other
appropriate committees or subcommittees’’; and
(B) in subsection (f)—
(i) in paragraph (1), by striking ‘‘the Committees
on Armed Services and on Homeland Security and
Governmental Affairs of the Senate and the Committees on Armed Services and on Oversight and Government Reform of the House of Representatives and to
other appropriate committees or subcommittees of Congress’’ and inserting ‘‘the appropriate congressional

H. R. 7776—846
committees, including the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives’’; and
(ii) in paragraph (2), by striking ‘‘committees or
subcommittees of the Congress’’ and inserting ‘‘congressional committees’’;
(4) in section 8D—
(A) in subsection (a)(3), by striking ‘‘Committees on
Governmental Affairs and Finance of the Senate and the
Committees on Government Operations and Ways and
Means of the House of Representatives, and to other appropriate committees or subcommittees of the Congress’’ and
inserting ‘‘appropriate congressional committees, including
the Committee on Finance of the Senate and the Committee
on Ways and Means of the House of Representatives’’;
and
(B) in subsection (g)—
(i) in paragraph (1)—
(I) by striking ‘‘committees or subcommittees
of the Congress’’ and inserting ‘‘congressional
committees’’; and
(II) by striking ‘‘Committees on Governmental
Affairs and Finance of the Senate and the Committees on Government Reform and Oversight and
Ways and Means of the House of Representatives’’
and inserting ‘‘Committee on Finance of the Senate
and the Committee on Ways and Means of the
House of Representatives’’; and
(ii) in paragraph (2), by striking ‘‘committees or
subcommittees of Congress’’ and inserting ‘‘congressional committees’’;
(5) in section 8E—
(A) in subsection (a)(3), by striking ‘‘Committees on
Governmental Affairs and Judiciary of the Senate and the
Committees on Government Operations and Judiciary of
the House of Representatives, and to other appropriate
committees or subcommittees of the Congress’’ and
inserting ‘‘appropriate congressional committees, including
the Committee on the Judiciary of the Senate and the
Committee on the Judiciary of the House of Representatives’’; and
(B) in subsection (c)—
(i) by striking ‘‘committees or subcommittees of
the Congress’’ and inserting ‘‘congressional committees’’; and
(ii) by striking ‘‘Committees on the Judiciary and
Governmental Affairs of the Senate and the Committees on the Judiciary and Government Operations of
the House of Representatives’’ and inserting ‘‘Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives’’;
(6) in section 8G(f)(3)—
(A) in subparagraph (A)(iii), by striking ‘‘Committee
on Governmental Affairs of the Senate and the Committee
on Government Reform and Oversight of the House of
Representatives, and to other appropriate committees or

H. R. 7776—847
subcommittees of the Congress’’ and inserting ‘‘the appropriate congressional committees’’; and
(B) by striking subparagraph (C);
(7) in section 8I—
(A) in subsection (a)(3), in the matter preceding
subparagraph (A), by striking ‘‘committees and subcommittees of Congress’’ and inserting ‘‘congressional committees’’;
and
(B) in subsection (d), by striking ‘‘committees and subcommittees of Congress’’ each place it appears and inserting
‘‘congressional committees’’;
(8) in section 8N(b), by striking ‘‘committees of Congress’’
and inserting ‘‘congressional committees’’;
(9) in section 11—
(A) in subsection (b)(3)(B)(viii)—
(i) by striking subclauses (III) and (IV);
(ii) in subclause (I), by adding ‘‘and’’ at the end;
and
(iii) by amending subclause (II) to read as follows:
‘‘(II) the appropriate congressional committees.’’; and
(B) in subsection (d)(8)(A)(iii), by striking ‘‘to the’’ and
all that follows through ‘‘jurisdiction’’ and inserting ‘‘to
the appropriate congressional committees’’; and
(10) in section 12—
(A) in paragraph (4), by striking ‘‘and’’ at the end;
(B) in paragraph (5), by striking the period at the
end and inserting ‘‘; and’’; and
(C) by adding at the end the following:
‘‘(6) the term ‘appropriate congressional committees’
means—
‘‘(A) the Committee on Homeland Security and Governmental Affairs of the Senate;
‘‘(B) the Committee on Oversight and Reform of the
House of Representatives; and
‘‘(C) any other relevant congressional committee or subcommittee of jurisdiction.’’.
SEC. 5273. SEMIANNUAL REPORTS.

The Inspector General Act of 1978 (5 U.S.C. App.) is amended—
(1) in section 4(a)(2)—
(A) by inserting ‘‘, including’’ after ‘‘to make recommendations’’; and
(B) by inserting a comma after ‘‘section 5(a)’’;
(2) in section 5—
(A) in subsection (a)—
(i) by striking paragraphs (1) through (12) and
inserting the following:
‘‘(1) a description of significant problems, abuses, and deficiencies relating to the administration of programs and operations of the establishment and associated reports and recommendations for corrective action made by the Office;
‘‘(2) an identification of each recommendation made before
the reporting period, for which corrective action has not been
completed, including the potential costs savings associated with
the recommendation;

H. R. 7776—848
‘‘(3) a summary of significant investigations closed during
the reporting period;
‘‘(4) an identification of the total number of convictions
during the reporting period resulting from investigations;
‘‘(5) information regarding each audit, inspection, or evaluation report issued during the reporting period, including—
‘‘(A) a listing of each audit, inspection, or evaluation;
‘‘(B) if applicable, the total dollar value of questioned
costs (including a separate category for the dollar value
of unsupported costs) and the dollar value of recommendations that funds be put to better use, including whether
a management decision had been made by the end of the
reporting period;
‘‘(6) information regarding any management decision made
during the reporting period with respect to any audit, inspection, or evaluation issued during a previous reporting period;’’;
(ii) by redesignating paragraphs (13) through (22)
as paragraphs (7) through (16), respectively;
(iii) by amending paragraph (13), as so redesignated, to read as follows:
‘‘(13) a report on each investigation conducted by the Office
where allegations of misconduct were substantiated involving
a senior Government employee or senior official (as defined
by the Office) if the establishment does not have senior Government employees, which shall include—
‘‘(A) the name of the senior Government employee,
if already made public by the Office; and
‘‘(B) a detailed description of—
‘‘(i) the facts and circumstances of the investigation; and
‘‘(ii) the status and disposition of the matter,
including—
‘‘(I) if the matter was referred to the Department of Justice, the date of the referral; and
‘‘(II) if the Department of Justice declined the
referral, the date of the declination;’’; and
(iv) by amending paragraph (15), as so redesignated, to read as follows:
‘‘(15) information related to interference by the establishment, including—
‘‘(A) a detailed description of any attempt by the
establishment to interfere with the independence of the
Office, including—
‘‘(i) with budget constraints designed to limit the
capabilities of the Office; and
‘‘(ii) incidents where the establishment has resisted
or objected to oversight activities of the Office or
restricted or significantly delayed access to information, including the justification of the establishment
for such action; and
‘‘(B) a summary of each report made to the head of
the establishment under section 6(c)(2) during the reporting
period;’’; and
(B) in subsection (b)—
(i) by striking paragraphs (2) and (3) and inserting
the following:

H. R. 7776—849
‘‘(2) where final action on audit, inspection, and evaluation
reports had not been taken before the commencement of the
reporting period, statistical tables showing—
‘‘(A) with respect to management decisions—
‘‘(i) for each report, whether a management decision was made during the reporting period;
‘‘(ii) if a management decision was made during
the reporting period, the dollar value of disallowed
costs and funds to be put to better use as agreed
to in the management decision; and
‘‘(iii) total number of reports where a management
decision was made during the reporting period and
the total corresponding dollar value of disallowed costs
and funds to be put to better use as agreed to in
the management decision; and
‘‘(B) with respect to final actions—
‘‘(i) whether, if a management decision was made
before the end of the reporting period, final action
was taken during the reporting period;
‘‘(ii) if final action was taken, the dollar value
of—
‘‘(I) disallowed costs that were recovered by
management through collection, offset, property in
lieu of cash, or otherwise;
‘‘(II) disallowed costs that were written off by
management;
‘‘(III) disallowed costs and funds to be put
to better use not yet recovered or written off by
management;
‘‘(IV) recommendations that were completed;
and
‘‘(V) recommendations that management has
subsequently concluded should not or could not
be implemented or completed; and
‘‘(iii) total number of reports where final action
was not taken and total number of reports where final
action was taken, including the total corresponding
dollar value of disallowed costs and funds to be put
to better use as agreed to in the management
decisions;’’;
(ii) by redesignating paragraph (4) as paragraph
(3);
(iii) in paragraph (3), as so redesignated, by
striking ‘‘subsection (a)(20)(A)’’ and inserting ‘‘subsection (a)(14)(A)’’; and
(iv) by striking paragraph (5) and inserting the
following:
‘‘(4) a statement explaining why final action has not been
taken with respect to each audit, inspection, and evaluation
report in which a management decision has been made but
final action has not yet been taken, except that such statement—
‘‘(A) may exclude reports if—
‘‘(i) a management decision was made within the
preceding year; or

H. R. 7776—850
‘‘(ii) the report is under formal administrative or
judicial appeal or management of the establishment
has agreed to pursue a legislative solution; and
‘‘(B) shall identify the number of reports in each category so excluded.’’;
(C) by redesignating subsection (h), as so redesignated
by section 5625 of this title, as subsection (i); and
(D) by inserting after subsection (g), as so redesignated
by section 5625 of this title, the following:
‘‘(h) If an Office has published any portion of the report or
information required under subsection (a) to the website of the
Office or on oversight.gov, the Office may elect to provide links
to the relevant webpage or website in the report of the Office
under subsection (a) in lieu of including the information in that
report.’’.
SEC. 5274. SUBMISSION OF REPORTS THAT SPECIFICALLY IDENTIFY
NON-GOVERNMENTAL ORGANIZATIONS OR BUSINESS
ENTITIES.

(a) IN GENERAL.—Section 5(g) of the Inspector General Act
of 1978 (5 U.S.C. App.), as so redesignated by section 5625 of
this title, is amended by adding at the end the following:
‘‘(6)(A) Except as provided in subparagraph (B), if an audit,
evaluation, inspection, or other non-investigative report prepared by an Inspector General specifically identifies a specific
non-governmental organization or business entity, whether or
not the non-governmental organization or business entity is
the subject of that audit, evaluation, inspection, or non-investigative report—
‘‘(i) the Inspector General shall notify the non-governmental organization or business entity;
‘‘(ii) the non-governmental organization or business
entity shall have—
‘‘(I) 30 days to review the audit, evaluation, inspection, or non-investigative report beginning on the date
of publication of the audit, evaluation, inspection, or
non-investigative report; and
‘‘(II) the opportunity to submit a written response
for the purpose of clarifying or providing additional
context as it directly relates to each instance wherein
an audit, evaluation, inspection, or non-investigative
report specifically identifies that non-governmental
organization or business entity; and
‘‘(iii) if a written response is submitted under clause
(ii)(II) within the 30-day period described in clause (ii)(I)—
‘‘(I) the written response shall be attached to the
audit, evaluation, inspection, or non-investigative
report; and
‘‘(II) in every instance where the report may appear
on the public-facing website of the Inspector General,
the website shall be updated in order to access a
version of the audit, evaluation, inspection, or noninvestigative report that includes the written response.
‘‘(B) Subparagraph (A) shall not apply with respect to a
non-governmental organization or business entity that refused
to provide information or assistance sought by an Inspector

H. R. 7776—851
General during the creation of the audit, evaluation, inspection,
or non-investigative report.
‘‘(C) An Inspector General shall review any written
response received under subparagraph (A) for the purpose of
preventing the improper disclosure of classified information
or other non-public information, consistent with applicable laws,
rules, and regulations, and, if necessary, redact such information.’’.
(b) RETROACTIVE APPLICABILITY.—During the 30-day period
beginning on the date of enactment of this Act—
(1) the amendment made by subsection (a) shall apply
upon the request of a non-governmental organization or business entity named in an audit, evaluation, inspection, or other
non-investigative report prepared on or after January 1, 2019;
and
(2) any written response submitted under clause (iii) of
section 5(g)(6)(A) of the Inspector General Act of 1978 (5 U.S.C.
App.), as added by subsection (a), with respect to such an
audit, evaluation, inspection, or other non-investigative report
shall attach to the original report in the manner described
in that clause.
SEC.

5275.

REVIEW RELATING TO VETTING, PROCESSING, AND
RESETTLEMENT OF EVACUEES FROM AFGHANISTAN AND
THE AFGHANISTAN SPECIAL IMMIGRANT VISA PROGRAM.

(a) IN GENERAL.—In accordance with the Inspector General
Act of 1978 (5 U.S.C. App.), the Inspector General of the Department
of Homeland Security, jointly with the Inspector General of the
Department of State, and in coordination with the Inspector General
of the Department of Defense and any appropriate Inspector General established by that Act or section 103H of the National Security
Act of 1947 (50 U.S.C. 3033), shall conduct a thorough review
of efforts to support and process evacuees from Afghanistan and
the Afghanistan special immigrant visa program.
(b) ELEMENTS.—The review required by subsection (a) shall
include an assessment of the systems, staffing, policies, and programs used—
(1) to screen and vet such evacuees, including—
(A) an assessment of whether personnel conducting
such screening and vetting were appropriately authorized
and provided with training, including training in the detection of fraudulent personal identification documents;
(B) an analysis of the degree to which such screening
and vetting deviated from United States law, regulations,
policy, and best practices relating to the screening and
vetting of parolees, refugees, and applicants for United
States visas that have been in use at any time since
January 1, 2016, particularly for individuals from countries
containing any active terrorist organizations; and
(C) an identification of any risk to the national security
of the United States posed by any such deviations;
(D) an analysis of the processes used for evacuees
traveling without personal identification records, including
the creation or provision of any new identification records
to such evacuees; and
(E) an analysis of the degree to which such screening
and vetting process was capable of detecting—

H. R. 7776—852
(i) instances of human trafficking and domestic
abuse;
(ii) evacuees who are unaccompanied minors; and
(iii) evacuees with a spouse who is a minor;
(2) to admit and process such evacuees at United States
ports of entry;
(3) to temporarily house such evacuees prior to resettlement;
(4) to account for the total number of individuals evacuated
from Afghanistan in 2021 with support of the United States
Government, disaggregated by—
(A) country of origin;
(B) citizenship, only if different from country of origin;
(C) age;
(D) gender;
(E) the number of individuals who were holders of
a special immigrant visa issued pursuant to the Afghan
Allies Protection Act of 2009 (8 U.S.C. 1101 note; Public
Law 111–8) or section 1059 of the National Defense
Authorization Act for Fiscal Year 2006 (8 U.S.C. 1101
note; Public Law 109–163) at the time of evacuation;
(F) the number of individuals who were applicants
for a special immigrant visas pursuant to the Afghan Allies
Protection Act of 2009 (8 U.S.C. 1101 note; Public Law
111–8) or section 1059 of the National Defense Authorization Act for Fiscal Year 2006 (8 U.S.C. 1101 note; Public
Law 109–163) at the time of evacuation;
(G) the number who were in possession of a valid
nonimmigrant visa to enter the United States at the time
of evacuation; and
(H) familial relationship to individuals described in
subparagraphs (E) through (G).
(c) INTERIM REPORTING.—
(1) IN GENERAL.—Not later than 180 days after the date
of the enactment of this Act, the Inspector General of the
Department of Homeland Security and the Inspector General
of the Department of State shall submit to the appropriate
congressional committees not fewer than one interim report
on the review conducted under this section.
(2) FORM.—Any report submitted under paragraph (1) shall
be submitted in unclassified form, but may include a classified
annex.
(3) DEFINITIONS.—In this subsection:
(A) APPROPRIATE CONGRESSIONAL COMMITTEES.—The
term ‘‘appropriate congressional committees’’ means—
(i) the Committee on Homeland Security and
Governmental Affairs, the Committee on Armed Services, the Committee on Foreign Relations, the Select
Committee on Intelligence, and the Committee on the
Judiciary of the Senate; and
(ii) the Committee on Oversight and Reform, the
Committee on Armed Services, the Committee on Foreign Affairs, the Permanent Select Committee on Intelligence, and the Committee on the Judiciary of the
House of Representatives.

H. R. 7776—853
(B) SCREEN; SCREENING.—The terms ‘‘screen’’ and
‘‘screening’’, with respect to an evacuee, mean the process
by which a Federal official determines—
(i) the identity of the evacuee;
(ii) whether the evacuee has a valid identification
documentation; and
(iii) whether any database of the United States
Government contains derogatory information about the
evacuee.
(C) VET; VETTING.—The term ‘‘vet’’ and ‘‘vetting’’, with
respect to an evacuee, means the process by which a Federal official interviews the evacuee to determine whether
the evacuee is who they purport to be, including whether
the evacuee poses a national security risk.
(d) DISCHARGE OF RESPONSIBILITIES.—The Inspector General
of the Department of Homeland Security and the Inspector General
of the Department of State shall discharge the responsibilities under
this section in a manner consistent with the authorities and requirements of the Inspector General Act of 1978 (5 U.S.C. App.) and
the authorities and requirements applicable to the Inspector General of the Department of Homeland Security and the Inspector
General of the Department of State under that Act.
(e) COORDINATION.—Upon request of an Inspector General for
information or assistance under subsection (a), the head of any
Federal agency involved shall, insofar as is practicable and not
in contravention of any existing statutory restriction or regulation
of the Federal agency from which the information is requested,
furnish to such Inspector General, or to an authorized designee,
such information or assistance.
(f) RULE OF CONSTRUCTION.—Nothing in this section shall be
construed to limit the ability of the Inspector General of the Department of Homeland Security or the Inspector General of the Department of State to enter into agreements to conduct joint audits,
inspections, or investigations in the exercise of the oversight responsibilities of the Inspector General of the Department of Homeland
Security and the Inspector General of the Department of State,
in accordance with the Inspector General Act of 1978 (5 U.S.C.
App.), with respect to oversight of the evacuation from Afghanistan,
the selection, vetting, and processing of applicants for special
immigrant visas and asylum, and any resettlement in the United
States of such evacuees.

TITLE LIII—OVERSIGHT AND REFORM
MATTERS
Subtitle A—General Provisions
Sec.
Sec.
Sec.
Sec.

5301.
5302.
5303.
5304.

Access for Veterans to Records.
ONDCP supplemental strategies.
Performance Enhancement.
Appeals to merit systems protection board relating to FBI reprisal allegations; salary of Special Counsel.
Sec. 5305. Fairness for Federal firefighters.
Subtitle B—PLUM Act of 2022
Sec. 5321. Short title.
Sec. 5322. Establishment of public website on government policy and supporting
positions.

H. R. 7776—854

Subtitle A—General Provisions
SEC. 5301. ACCESS FOR VETERANS TO RECORDS.

(a) PLAN TO ELIMINATE RECORDS BACKLOG AT THE NATIONAL
PERSONNEL RECORDS CENTER.—
(1) PLAN REQUIRED.—Not later than 60 days after the date
of the enactment of this Act, the Archivist of the United States
shall submit to the appropriate congressional committees a
comprehensive plan for reducing the backlog of requests for
records from the National Personnel Records Center and
improving the efficiency and responsiveness of operations at
the National Personnel Records Center, that includes, at a
minimum, the following:
(A) An estimate of the number of backlogged record
requests for veterans.
(B) Target timeframes to reduce the backlog.
(C) A detailed plan for using existing funds to improve
the information technology infrastructure, including secure
access to appropriate agency Federal records, to prevent
future backlogs.
(D) Actions to improve customer service for requesters.
(E) Measurable goals with respect to the comprehensive plan and metrics for tracking progress toward such
goals.
(F) Strategies to prevent future record request backlogs, including backlogs caused by an event that prevents
employees of the Center from reporting to work in person.
(2) UPDATES.—Not later than 90 days after the date on
which the comprehensive plan is submitted under paragraph
(1), and biannually thereafter until the response rate by the
National Personnel Records Center reaches 90 percent of all
requests in 20 days or less, not including any request involving
a record damaged or lost in the National Personnel Records
Center fire of 1973 or any request that is subject to a fee
that has not been paid in a timely manner by the requestor
(provided the National Personnel Records Center issues an
invoice within 20 days after the date on which the request
is made), the Archivist of the United States shall submit to
the appropriate congressional committees an update of such
plan that—
(A) describes progress made by the National Personnel
Records Center during the preceding 90-day period with
respect to record request backlog reduction and efficiency
and responsiveness improvement;
(B) provides data on progress made toward the goals
identified in the comprehensive plan; and
(C) describes any changes made to the comprehensive
plan.
(3) CONSULTATION REQUIREMENT.—In carrying out paragraphs (1) and (2), the Archivist of the United States shall
consult with the Secretary of Veterans Affairs.
(4) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—
In this subsection, the term ‘‘appropriate congressional committees’’ means—

H. R. 7776—855
(A) the Committee on Oversight and Reform, the Committee on Veterans’ Affairs, and the Committee on Appropriations of the House of Representatives; and
(B) the Committee on Homeland Security and Governmental Affairs, the Committee on Veterans’ Affairs, and
the Committee on Appropriations of the Senate.
(b) ADDITIONAL FUNDING TO ADDRESS RECORDS BACKLOG.—
(1) AUTHORIZATION OF APPROPRIATIONS.—In addition to
amounts otherwise available, there is authorized to be appropriated to the National Archives and Records Administration,
$60,000,000 to address backlogs in responding to requests from
veterans for military personnel records, improve cybersecurity,
improve digital preservation and access to archival Federal
records, and address backlogs in requests made under section
552 of title 5, United States Code (commonly referred to as
the Freedom of Information Act). Such amounts may also be
used for the Federal Records Center Program.
(2) REQUIREMENT TO MAINTAIN IN-PERSON STAFFING
LEVELS.—Subject to the availability of appropriations, and not
later than 30 days after the date of the enactment of this
Act, the Archivist of the United States shall ensure, to the
extent practicable, that the National Personnel Records Center
maintains staffing levels and telework arrangements that
enable the maximum processing of records requests possible
in order to achieve the performance goal of responding to 90
percent of all requests in 20 days or less, not including any
request involving a record damaged or lost in the National
Personnel Records Center fire of 1973 or any request that
is subject to a fee that has not been paid in a timely manner
by the requestor (provided the National Personnel Records
Center issues an invoice within 20 days after the date on
which the request is made).
(3) INSPECTOR GENERAL REPORTING.—The Inspector General for the National Archives and Records Administration
shall, for two years following the date of the enactment of
this Act, include in every semiannual report submitted to Congress pursuant to the Inspector General Act of 1978 (5 U.S.C.
App.), a detailed summary of—
(A) efforts taken by the National Archives and Records
Administration to address the backlog of records requests
at the National Personnel Records Center; and
(B) any recommendations for action proposed by the
Inspector General related to reducing the backlog of records
requests at the National Personnel Records Center and
the status of compliance with those recommendations by
the National Archives and Records Administration.
SEC. 5302. ONDCP SUPPLEMENTAL STRATEGIES.

Section 706(h) of the Office of National Drug Control Policy
Reauthorization Act of 1998 (21 U.S.C. 1705(h)) is amended—
(1) in paragraph (5), by striking ‘‘; and’’ and inserting
a semicolon;
(2) in paragraph (6), by striking the period at the end
and inserting ‘‘; and’’; and
(3) by adding at the end the following new paragraph:
‘‘(7) develops performance measures and targets for the
National Drug Control Strategy for supplemental strategies

H. R. 7776—856
(the Southwest Border, Northern Border, and Caribbean Border
Counternarcotics Strategies) to effectively evaluate region- specific goals, to the extent the performance measurement system
does not adequately measure the effectiveness of the strategies,
as determined by the Director, such strategies may evaluate
interdiction efforts at and between ports of entry, interdiction
technology, intelligence sharing, diplomacy, and other appropriate metrics, specific to each supplemental strategies region,
as determined by the Director.’’.
SEC. 5303. PERFORMANCE ENHANCEMENT.

(a) SHORT TITLE.—This section may be cited as the ‘‘Performance Enhancement Reform Act’’.
(b) IN GENERAL.—Section 1115 of title 31, United States Code,
is amended—
(1) by amending subsection (b)(5) to read as follows:
‘‘(5) provide a description of how the performance goals
are to be achieved, including—
‘‘(A) the human capital, training, data and evidence,
information technology, and skill sets required to meet
the performance goals;
‘‘(B) the technology modernization investments, system
upgrades, staff technology skills and expertise, stakeholder
input and feedback, and other resources and strategies
needed and required to meet the performance goals;
‘‘(C) clearly defined milestones;
‘‘(D) an identification of the organizations, program
activities, regulations, policies, operational processes, and
other activities that contribute to each performance goal,
both within and external to the agency;
‘‘(E) a description of how the agency is working with
other agencies and the organizations identified in subparagraph (D) to measure and achieve its performance goals
as well as relevant Federal Government performance goals;
and
‘‘(F) an identification of the agency officials responsible
for the achievement of each performance goal, who shall
be known as goal leaders;’’; and
(2) by amending subsection (g) to read as follows:
‘‘(g) PREPARATION OF PERFORMANCE PLAN.—The Performance
Improvement Officer of each agency (or the functional equivalent)
shall collaborate with the Chief Human Capital Officer (or the
functional equivalent), the Chief Information Officer (or the functional equivalent), the Chief Data Officer (or the functional equivalent), and the Chief Financial Officer (or the functional equivalent)
of that agency to prepare that portion of the annual performance
plan described under subsection (b)(5) for that agency.’’.
SEC.

5304.

APPEALS TO MERIT SYSTEMS PROTECTION BOARD
RELATING TO FBI REPRISAL ALLEGATIONS; SALARY OF
SPECIAL COUNSEL.

(a) APPEALS TO MSPB.—Section 2303 of title 5, United States
Code, is amended by adding at the end the following:
‘‘(d)(1) An employee of the Federal Bureau of Investigation
who makes an allegation of a reprisal under regulations promulgated under this section may appeal a final determination or corrective action order by the Bureau under those regulations to the
Merit Systems Protection Board pursuant to section 1221.

H. R. 7776—857
‘‘(2) If no final determination or corrective action order has
been made or issued for an allegation described in paragraph (1)
before the expiration of the 180-day period beginning on the date
on which the allegation is received by the Federal Bureau of Investigation, the employee described in that paragraph may seek corrective action directly from the Merit Systems Protection Board pursuant to section 1221.’’.
(b) SPECIAL COUNSEL SALARY.—
(1) IN GENERAL.—Subchapter II of chapter 53 of title 5,
United States Code, is amended—
(A) in section 5314, by adding at the end the following
new item: ‘‘Special Counsel of the Office of Special
Counsel.’’; and
(B) in section 5315, by striking ‘‘Special Counsel of
the Merit Systems Protection Board.’’.
(2) APPLICATION.—The rate of pay applied under the
amendments made by paragraph (1) shall begin to apply on
the first day of the first pay period beginning after date of
enactment of this Act.
SEC. 5305. FAIRNESS FOR FEDERAL FIREFIGHTERS.

(a) CERTAIN ILLNESSES AND DISEASES PRESUMED TO BE WORKRELATED CAUSE OF DISABILITY OR DEATH FOR FEDERAL EMPLOYEES
IN FIRE PROTECTION ACTIVITIES.—
(1) PRESUMPTION RELATING TO EMPLOYEES IN FIRE PROTECTION ACTIVITIES.—
(A) IN GENERAL.—Subchapter I of chapter 81 of title
5, United States Code, is amended by inserting after section
8143a the following:
‘‘§ 8143b. Employees in fire protection activities
‘‘(a) DEFINITIONS.—In this section:
‘‘(1) EMPLOYEE IN FIRE PROTECTION ACTIVITIES.—The term
‘employee in fire protection activities’ means an employee
employed as a firefighter (including a wildland firefighter),
paramedic, emergency medical technician, rescue worker,
ambulance personnel, or hazardous material worker who—
‘‘(A) is trained in fire suppression;
‘‘(B) has the legal authority and responsibility to
engage in fire suppression;
‘‘(C) is engaged in the prevention, control, or
extinguishment of fires or response to emergency situations
in which life, property, or the environment is at risk,
including the prevention, control, suppression, or management of wildland fires; and
‘‘(D) performs the activities described in subparagraph
(C) as a primary responsibility of the job of the employee.
‘‘(2) RULE.—The term ‘rule’ has the meaning given the
term in section 804.
‘‘(3) SECRETARY.—The term ‘Secretary’ means the Secretary
of Labor.
‘‘(b) CERTAIN ILLNESSES AND DISEASED DEEMED TO BE PROXIMATELY CAUSED BY EMPLOYMENT IN FIRE PROTECTION ACTIVITIES.—
‘‘(1) IN GENERAL.—For a claim under this subchapter of
disability or death of an employee who has been employed
for not less than 5 years in aggregate as an employee in
fire protection activities, an illness or disease specified on the

H. R. 7776—858
list established under paragraph (2) shall be deemed to be
proximately caused by the employment of that employee, if
the employee is diagnosed with that illness or disease not
later than 10 years after the last activedate of employment
as an employee in fire protection activities.
‘‘(2) ESTABLISHMENT OF INITIAL LIST.—There is established
under this section the following list of illnesses and diseases:
‘‘(A) Bladder cancer.
‘‘(B) Brain cancer.
‘‘(C) Chronic obstructive pulmonary disease.
‘‘(D) Colorectal cancer.
‘‘(E) Esophageal cancer.
‘‘(F) Kidney cancer.
‘‘(G) Leukemias.
‘‘(H) Lung cancer.
‘‘(I) Mesothelioma.
‘‘(J) Multiple myeloma.
‘‘(K) Non-Hodgkin lymphoma.
‘‘(L) Prostate cancer.
‘‘(M) Skin cancer (melanoma).
‘‘(N) A sudden cardiac event or stroke suffered while,
or not later than 24 hours after, engaging in the activities
described in subsection (a)(1)(C).
‘‘(O) Testicular cancer.
‘‘(P) Thyroid cancer.
‘‘(3) ADDITIONS TO THE LIST.—
‘‘(A) IN GENERAL.—
‘‘(i) PERIODIC REVIEW.—The Secretary shall—
‘‘(I) in consultation with the Director of the
National Institute for Occupational Safety and
Health and any advisory committee determined
appropriate by the Secretary, periodically review
the list established under paragraph (2); and
‘‘(II) if the Secretary determines that the
weight of the best available scientific evidence warrants adding an illness or disease to the list established under paragraph (2), as described in
subparagraph (B) of this paragraph, make such
an addition through a rule that clearly identifies
that scientific evidence.
‘‘(ii) CLASSIFICATION.—A rule issued by the Secretary under clause (i) shall be considered to be a
major rule for the purposes of chapter 8.
‘‘(B) BASIS FOR DETERMINATION.—The Secretary shall
add an illness or disease to the list established under
paragraph (2) based on the weight of the best available
scientific evidence that there is a significant risk to
employees in fire protection activities of developing that
illness or disease.
‘‘(C) AVAILABLE EXPERTISE.—In determining significant
risk for purposes of subparagraph (B), the Secretary may
accept as authoritative, and may rely upon, recommendations, risk assessments, and scientific studies (including
analyses of National Firefighter Registry data pertaining
to Federal firefighters) by the National Institute for
Occupational Safety and Health, the National Toxicology
Program, the National Academies of Sciences, Engineering,

H. R. 7776—859
and Medicine, and the International Agency for Research
on Cancer.’’.
(B) TECHNICAL AND CONFORMING AMENDMENT.—The
table of sections for subchapter I of chapter 81 of title
5, United States Code, is amended by inserting after the
item relating to section 8143a the following:
‘‘8143b. Employees in fire protection activities.’’.

(C) APPLICATION.—The amendments made by this
paragraph shall apply to claims for compensation filed
on or after the date of enactment of this Act.
(2) RESEARCH COOPERATION.—Not later than 120 days after
the date of enactment of this Act, the Secretary of Labor
(referred to in this subsection as the ‘‘Secretary’’) shall establish
a process by which an employee in fire protection activities,
as defined in subsection (a) of section 8143b of title 5, United
States Code, as added by paragraph (1) of this subsection
(referred to in this subsection as an ‘‘employee in fire protection
activities’’) filing a claim under chapter 81 of title 5, United
States Code, as amended by this subsection, relating to an
illness or disease on the list established under subsection (b)(2)
of such section 8143b (referred to in this subsection as ‘‘ ‘the
list’’) as the list may be updated under such section 8143b,
shall be informed about, and offered the opportunity to contribute to science by voluntarily enrolling in, the National Firefighter Registry or a similar research or public health initiative
conducted by the Centers for Disease Control and Prevention.
(3) AGENDA FOR FURTHER REVIEW.—Not later than 3 years
after the date of enactment of this Act, the Secretary shall—
(A) evaluate the best available scientific evidence of
the risk to an employee in fire protection activities of
developing breast cancer, gynecological cancers, and
rhabdomyolysis;
(B) add breast cancer, gynecological cancers, and
rhabdomyolysis to the list, by rule in accordance with subsection (b)(3) of section 8143b of title 5, United States
Code, as added by paragraph (1) of this subsection, if
the Secretary determines that such evidence supports that
addition; and
(C) submit to the Committee on Homeland Security
and Governmental Affairs of the Senate and the Committee
on Education and Labor of the House of Representatives
a report containing—
(i) the findings of the Secretary after making the
evaluation required under subparagraph (A); and
(ii) the determination of the Secretary under
subparagraph (B).
(4) REPORT ON FEDERAL WILDLAND FIREFIGHTERS.—
(A) DEFINITION.—In this paragraph, the term ‘‘Federal
wildland firefighter’’ means an individual occupying a position in the occupational series developed pursuant to section 40803(d)(1) of the Infrastructure Investment and Jobs
Act (16 U.S.C. 6592(d)(1)).
(B) STUDY.—The Secretary of the Interior and the Secretary of Agriculture, in consultation with the Director
of the National Institute for Occupational Safety and
Health and the Secretary, shall conduct a comprehensive
study on long-term health effects that Federal wildland

H. R. 7776—860
firefighters who are eligible to receive compensation for
work injuries under chapter 81 of title 5, United States
Code, as amended by this subsection, experience after being
exposed to fires, smoke, and toxic fumes when in service.
(C) REQUIREMENTS.—The study required under
subparagraph (B) shall include—
(i) the race, ethnicity, age, gender, and time of
service of the Federal wildland firefighters participating in the study; and
(ii) recommendations to Congress regarding what
legislative actions are needed to support the Federal
wildland firefighters described in clause (i) in preventing health issues from the toxic exposure described
in subparagraph (B), similar to veterans who are
exposed to burn pits.
(D) SUBMISSION AND PUBLICATION.—The Secretary of
the Interior and the Secretary of Agriculture shall submit
the results of the study conducted under this paragraph
to the Committee on Homeland Security and Governmental
Affairs of the Senate and the Committee on Education
and Labor of the House of Representatives and make those
results publicly available.
(5) REPORT ON AFFECTED EMPLOYEES.—Beginning on the
date that is 1 year after the date of enactment of this Act,
with respect to each annual report required under section 8152
of title 5, United States Code, the Secretary—
(A) shall include in the report the total number of,
and demographics regarding, employees in fire protection
activities with illnesses and diseases described in the list
(as the list may be updated under this subsection and
the amendments made by this subsection), as of the date
on which that annual report is submitted, which shall
be disaggregated by the specific illness or disease for the
purposes of understanding the scope of the problem facing
those employees; and
(B) may—
(i) include in the report any information with
respect to employees in fire protection activities that
the Secretary determines to be necessary; and
(ii) as appropriate, make recommendations in the
report for additional actions that could be taken to
minimize the risk of adverse health impacts for
employees in fire protection activities.
(b) SUBROGATION OF CONTINUATION OF PAY.—
(1) SUBROGATION OF THE UNITED STATES.—Section 8131
of title 5, United States Code, is amended—
(A) in subsection (a), in the matter preceding paragraph
(1), by inserting ‘‘continuation of pay or’’ before ‘‘compensation’’; and
(B) in subsection (c), in the second sentence, by
inserting ‘‘continuation of pay or’’ before ‘‘compensation
already paid’’.
(2) ADJUSTMENT AFTER RECOVER FROM THIRD PERSON.—
Section 8132 of title 5, United States Code, is amended—
(A) in the first sentence—
(i) by inserting ‘‘continuation of pay or’’ before
‘‘compensation is payable’’;

H. R. 7776—861
(ii) by inserting ‘‘continuation of pay or’’ before
‘‘compensation from the United States’’;
(iii) by striking ‘‘in his behalf’’ and inserting ‘‘on
his behalf’’; and
(iv) by inserting ‘‘continuation of pay or’’
before‘‘ ‘compensation paid by the United States’’; and
(B) by striking the fourth sentence and inserting the
following: ‘‘If continuation of pay or compensation has not
been paid to the beneficiary, the money or property shall
be credited against continuation of pay or compensation
payable to him by the United States for the same injury.’’.
(c) INCREASE IN TIME-PERIOD FOR FECA CLAIMANT SUPPLY SUPPORTING DOCUMENTATION TO OFFICE OF WORKER’S COMPENSATION.—Not later than 16 days after the date of enactment of this
Act, the Secretary of Labor shall—
(1) amend section 10.121 of title 20, Code of Federal Regulations, or any successor regulation, by striking ‘‘30 days’’ and
inserting ‘‘60 days’’; and
(2) modify the Federal Employees’ Compensation Act
manual to reflect the changes made by the Secretary pursuant
to paragraph (1).

Subtitle B—PLUM Act of 2022
SEC. 5321. SHORT TITLE.

This subtitle may be cited as the ‘‘Periodically Listing Updates
to Management Act of 2022’’ or the ‘‘PLUM Act of 2022’’.
SEC. 5322. ESTABLISHMENT OF PUBLIC WEBSITE ON GOVERNMENT
POLICY AND SUPPORTING POSITIONS.

(a) ESTABLISHMENT.—
(1) IN GENERAL.—Subchapter I of chapter 33 of title 5,
United States Code, is amended by adding at the end the
following:
‘‘§ 3330f. Government policy and supporting position data
‘‘(a) DEFINITIONS.—In this section:
‘‘(1) AGENCY.—The term ‘agency’ means—
‘‘(A) any Executive agency, the United States Postal
Service, and the Postal Regulatory Commission;
‘‘(B) the Architect of the Capitol, the Government
Accountability Office, the Government Publishing Office,
and the Library of Congress; and
‘‘(C) the Executive Office of the President and any
component within that Office (including any successor
component), including—
‘‘(i) the Council of Economic Advisors;
‘‘(ii) the Council on Environmental Quality;
‘‘(iii) the National Security Council;
‘‘(iv) the Office of the Vice President;
‘‘(v) the Office of Policy Development;
‘‘(vi) the Office of Administration;
‘‘(vii) the Office of Management and Budget;
‘‘(viii) the Office of the United States Trade Representative;
‘‘(ix) the Office of Science and Technology Policy;

H. R. 7776—862
‘‘(x) the Office of National Drug Control Policy;
and
‘‘(xi) the White House Office, including the White
House Office of Presidential Personnel.
‘‘(2) APPOINTEE.—The term ‘appointee’—
‘‘(A) means an individual serving in a policy and supporting position; and
‘‘(B) includes an individual serving in such a position
temporarily in an acting capacity in accordance with—
‘‘(i) sections 3345 through 3349d (commonly
referred to as the ‘Federal Vacancies Reform Act of
1998’);
‘‘(ii) any other statutory provision described in section 3347(a)(1); or
‘‘(iii) a Presidential appointment described in section 3347(a)(2).
‘‘(3) COVERED WEBSITE.—The term ‘covered website’ means
the website established and maintained by the Director under
subsection (b).
‘‘(4) DIRECTOR.—The term ‘Director’ means the Director
of the Office of Personnel Management.
‘‘(5) POLICY AND SUPPORTING POSITION.—The term ‘policy
and supporting position’—
‘‘(A) means any position at an agency, as determined
by the Director, that, but for this section and section 2(b)(3)
of the PLUM Act of 2022, would be included in the publication entitled ‘United States Government Policy and Supporting Positions’, (commonly referred to as the ‘Plum
Book’); and
‘‘(B) may include—
‘‘(i) a position on any level of the Executive
Schedule under subchapter II of chapter 53, or another
position with an equivalent rate of pay;
‘‘(ii) a general position (as defined in section
3132(a)(9)) in the Senior Executive service;
‘‘(iii) a position in the Senior Foreign Service;
‘‘(iv) a position of a confidential or policy-determining character under schedule C of subpart C of
part 213 of title 5, Code of Federal Regulations, or
any successor regulation; and
‘‘(v) any other position classified at or above level
GS–14 of the General Schedule (or equivalent) that
is excepted from the competitive service by law because
of the confidential or policy-determining nature of the
position duties.
‘‘(b) ESTABLISHMENT OF WEBSITE.—Not later than 1 year after
the date of enactment of the PLUM Act of 2022, the Director
shall establish, and thereafter the Director shall maintain, a public
website containing the following information for the President in
office on the date of establishment and for each subsequent President:
‘‘(1) Each policy and supporting position in the Federal
Government, including any such position that is vacant.
‘‘(2) The name of each individual who—
‘‘(A) is serving in a position described in paragraph
(1); or

H. R. 7776—863
‘‘(B) previously served in a position described in such
paragraph under the applicable President.
‘‘(3) Information on—
‘‘(A) any Government-wide or agency-wide limitation
on the total number of positions in the Senior Executive
Service under section 3133 or 3134 or the total number
of positions under schedule C of subpart C of part 213
of title 5, Code of Federal Regulations; and
‘‘(B) the total number of individuals occupying such
positions.
‘‘(c) CONTENTS.—With respect to any policy and supporting
position listed on the covered website, the Director shall include—
‘‘(1) the agency, and agency component, (including the
agency and bureau code used by the Office of Management
and Budget) in which the position is located;
‘‘(2) the name of the position;
‘‘(3) the name of the individual occupying the position (if
any);
‘‘(4) the geographic location of the position, including the
city, State or province, and country;
‘‘(5) the pay system under which the position is paid;
‘‘(6) the level, grade, or rate of pay;
‘‘(7) the term or duration of the appointment (if any);
‘‘(8) the expiration date, in the case of a time-limited
appointment;
‘‘(9) a unique identifier for each appointee;
‘‘(10) whether the position is vacant; and
‘‘(11) for any position that is vacant—
‘‘(A) for a position for which appointment is required
to be made by the President, by and with the advice and
consent of the Senate, the name of the acting official;
and
‘‘(B) for other positions, the name of the official performing the duties of the vacant position.
‘‘(d) CURRENT DATA.—For each agency, the Director shall
indicate in the information on the covered website the date that
the agency last updated the data.
‘‘(e) FORMAT.—The Director shall make the data on the covered
website available to the public at no cost over the internet in
a searchable, sortable, downloadable, and machine-readable format
so that the data qualifies as an open Government data asset,
as defined in section 3502 of title 44.
‘‘(f) AUTHORITY OF DIRECTOR.—
‘‘(1) INFORMATION REQUIRED.—Each agency shall provide
to the Director any information that the Director determines
necessary to establish and maintain the covered website,
including the information uploaded under paragraph (4).
‘‘(2) REQUIREMENTS FOR AGENCIES.—Not later than 1 year
after the date of enactment of the PLUM Act of 2022, the
Director shall issue instructions to agencies with specific
requirements for the provision or uploading of information
required under paragraph (1), including—
‘‘(A) specific data standards that an agency shall follow
to ensure that the information is complete, accurate, and
reliable;
‘‘(B) data quality assurance methods; and

H. R. 7776—864
‘‘(C) the timeframe during which an agency shall provide or upload the information, including the timeframe
described under paragraph (4).
‘‘(3) PUBLIC ACCOUNTABILITY.—The Director shall identify
on the covered website any agency that has failed to provide—
‘‘(A) the information required by the Director;
‘‘(B) complete, accurate, and reliable information; or
‘‘(C) the information during the timeframe specified
by the Director.
‘‘(4) ANNUAL UPDATES.—
‘‘(A) IN GENERAL.—Not later than 90 days after the
date on which the covered website is established, and not
less than once during each year thereafter, the head of
each agency shall upload to the covered website updated
information (if any) on—
‘‘(i) the policy and supporting positions in the
agency;
‘‘(ii) the appointees occupying such positions in
the agency; and
‘‘(iii) the former appointees who served in such
positions in the agency under the President then in
office.
‘‘(B) SUPPLEMENT NOT SUPPLANT.—Information provided under subparagraph (A) shall supplement, not supplant, previously provided information under that subparagraph.
‘‘(5) OPM HELP DESK.—The Director shall establish a central
help desk, to be operated by not more than 1 full-time employee,
to assist any agency with implementing this section.
‘‘(6) COORDINATION.—The Director may designate 1 or more
agencies to participate in the development, establishment, operation, and support of the covered website. With respect to
any such designation, the Director may specify the scope of
the responsibilities of the agency so designated.
‘‘(7) DATA STANDARDS AND TIMING.—The Director shall
make available on the covered website information regarding
data collection standards, quality assurance methods, and time
frames for reporting data to the Director.
‘‘(8) REGULATIONS.—The Director may prescribe regulations
necessary for the administration of this section.
‘‘(g) RESPONSIBILITY OF AGENCIES.—
‘‘(1) PROVISION OF INFORMATION.—Each agency shall comply
with the instructions and guidance issued by the Director to
carry out this section, and, upon request of the Director, shall
provide appropriate assistance to the Director to ensure the
successful operation of the covered website in the manner and
within the timeframe specified by the Director under subsection
(f)(2).
‘‘(2) ENSURING COMPLETENESS, ACCURACY, AND RELIABILITY.—With respect to any submission of information
described in paragraph (1), the head of an agency shall
include—
‘‘(A) an explanation of how the agency ensured the
information is complete, accurate, and reliable; and
‘‘(B) a certification that the information is complete,
accurate, and reliable.
‘‘(h) INFORMATION VERIFICATION.—

H. R. 7776—865
‘‘(1) CONFIRMATION.—
‘‘(A) IN GENERAL.—On the date that is 90 days after
the date on which the covered website is established, the
Director, in coordination with the White House Office of
Presidential Personnel, shall confirm that the information
on the covered website is complete, accurate, reliable, and
up-to-date.
‘‘(B) CERTIFICATION.—On the date on which the
Director makes a confirmation under subparagraph (A),
the Director shall publish on the covered website a certification that the confirmation has been made.
‘‘(2) AUTHORITY OF DIRECTOR.—In carrying out paragraph
(1), the Director may—
‘‘(A) request additional information from an agency;
and
‘‘(B) use any additional information provided to the
Director or the White House Office of Presidential Personnel for the purposes of verification.
‘‘(3) PUBLIC COMMENT.—The Director shall establish a
process under which members of the public may provide feedback regarding the accuracy of the information on the covered
website.
‘‘(i) DATA ARCHIVING.—
‘‘(1) IN GENERAL.—As soon as practicable after a transitional inauguration day (as defined in section 3349a), the
Director, in consultation with the Archivist of the United States,
shall archive the data that was compiled on the covered website
for the preceding presidential administration.
‘‘(2) PUBLIC AVAILABILITY.—The Director shall make the
data described in paragraph (1) publicly available over the
internet—
‘‘(A) on, or through a link on, the covered website;
‘‘(B) at no cost; and
‘‘(C) in a searchable, sortable, downloadable, and
machine-readable format.’’.
(2) CLERICAL AMENDMENT.—The table of sections for subchapter I of chapter 33 of title 5, United States Code, is
amended by adding at the end the following:
‘‘3330f. Government policy and supporting position data.’’.

(b) OTHER MATTERS.—
(1) DEFINITIONS.—In this subsection, the terms ‘‘agency’’,
‘‘covered website’’, ‘‘Director’’, and ‘‘policy and supporting position’’ have the meanings given those terms in section 3330f
of title 5, United States Code, as added by subsection (a).
(2) GAO REVIEW AND REPORT.—Not later than 1 year after
the date on which the Director establishes the covered website,
the Comptroller General of the United States shall conduct
a review of, and issue a briefing or report on, the implementation of this subtitle and the amendments made by this subtitle,
which shall include—
(A) the quality of data required to be collected and
whether the data is complete, accurate, timely, and reliable;
(B) any challenges experienced by agencies in implementing this subtitle and the amendments made by this
subtitle; and

H. R. 7776—866
(C) any suggestions or modifications to enhance compliance with this subtitle and the amendments made by this
subtitle, including best practices for agencies to follow.
(3) SUNSET OF PLUM BOOK.—Beginning on January 1,
2026—
(A) the covered website shall serve as the public directory for policy and supporting positions in the Government;
and
(B) the publication entitled ‘‘United States Government
Policy and Supporting Positions’’, commonly referred to
as the ‘‘Plum Book’’, shall no longer be issued or published.
(4) FUNDING.—
(A) IN GENERAL.—No additional amounts are authorized to be appropriated to carry out this subtitle or the
amendments made by this subtitle.
(B) OTHER FUNDING.—The Director shall carry out this
subtitle and the amendments made by this subtitle using
amounts otherwise available to the Director.

TITLE LIV—21ST CENTURY ASSISTIVE
TECHNOLOGY ACT
Sec. 5401. Short title.
Sec. 5402. Reauthorization.
Sec. 5403. Effective date.
SECTION 5401. SHORT TITLE.

This title may be cited as the ‘‘21st Century Assistive Technology Act’’.
SEC. 5402. REAUTHORIZATION.

The Assistive Technology Act of 1998 (29 U.S.C. 3001 et seq.)
is amended to read as follows:
‘‘SEC. 1. SHORT TITLE; TABLE OF CONTENTS.

‘‘(a) SHORT TITLE.—This Act may be cited as the ‘Assistive
Technology Act of 1998’.
‘‘(b) TABLE OF CONTENTS.—The table of contents of this Act
is as follows:
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.

1.
2.
3.
4.
5.
6.
7.
8.
9.

Short title; table of contents.
Purposes.
Definitions.
Grants for State assistive technology programs.
Grants for protection and advocacy services related to assistive technology.
Technical assistance and data collection support.
Projects of national significance.
Administrative provisions.
Authorization of appropriations; reservations and distribution of funds.

‘‘SEC. 2. PURPOSES.

‘‘The purposes of this Act are to—
‘‘(1) to support State efforts to improve the provision of
assistive technology to individuals with disabilities of all ages,
including underrepresented populations, through comprehensive statewide programs of technology-related assistance that
are designed to—
‘‘(A) increase the availability of, funding for, access
to, provision of, and education about assistive technology
devices and assistive technology services;

H. R. 7776—867
‘‘(B) increase the ability of individuals with disabilities
to secure and maintain possession of assistive technology
devices as such individuals make the transition between
services offered by educational or human service agencies
or between settings of daily living (for example, between
home and work);
‘‘(C) increase the capacity of public agencies and private
entities to provide and pay for assistive technology devices
and assistive technology services on a statewide basis for
individuals with disabilities;
‘‘(D) increase the involvement of individuals with
disabilities and, if appropriate, their family members,
guardians, advocates, and authorized representatives, in
decisions related to the provision of assistive technology
devices and assistive technology services;
‘‘(E) increase and promote coordination among and
between State and local agencies and private entities (such
as managed care providers), that are involved in carrying
out activities under this Act;
‘‘(F) increase the awareness and facilitate the change
of laws, regulations, policies, practices, procedures, and
organizational structures that facilitate the availability or
provision of assistive technology devices and assistive technology services; and
‘‘(G) increase awareness and knowledge of the benefits
of assistive technology devices and assistive technology
services among targeted individuals and entities and the
general population; and
‘‘(2) to provide States and protection and advocacy systems
with financial assistance that supports programs designed to
maximize the ability of individuals with disabilities and their
family members, guardians, advocates, and authorized representatives to obtain assistive technology devices and assistive
technology services.
‘‘SEC. 3. DEFINITIONS.

‘‘In this Act:
‘‘(1) ADULT SERVICE PROGRAM.—The term ‘adult service program’ means a program that provides services to, or is otherwise
substantially involved with the major life functions of, individuals with disabilities. Such term includes—
‘‘(A) a program providing residential, supportive, or
employment-related services, to individuals with disabilities;
‘‘(B) a program carried out by a center for independent
living, such as a center described in part C of title VII
of the Rehabilitation Act of 1973 (29 U.S.C. 796f et seq.);
‘‘(C) a program carried out by an employment support
agency connected to adult vocational rehabilitation, such
as a one-stop partner, as defined in section 3 of the
Workforce Innovation and Opportunity Act (29 U.S.C.
3102); and
‘‘(D) a program carried out by another organization
or vender licensed or registered by the designated State
agency, as defined in section 7 of the Rehabilitation Act
of 1973 (29 U.S.C. 705).

H. R. 7776—868
‘‘(2) AMERICAN INDIAN CONSORTIUM.—The term ‘American
Indian consortium’ means an entity that is an American Indian
Consortium (as defined in section 102 of the Developmental
Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C.
15002)), and that is established to provide protection and
advocacy services for purposes of receiving funding under subtitle C of title I of such Act (42 U.S.C. 15041 et seq.).
‘‘(3) ASSISTIVE TECHNOLOGY.—The term ‘assistive technology’ means technology designed to be utilized in an assistive
technology device or assistive technology service.
‘‘(4) ASSISTIVE TECHNOLOGY DEVICE.—The term ‘assistive
technology device’ means any item, piece of equipment, or
product system, whether acquired commercially, modified, or
customized, that is used to increase, maintain, or improve
functional capabilities of individuals with disabilities.
‘‘(5) ASSISTIVE TECHNOLOGY SERVICE.—The term ‘assistive
technology service’ means any service that directly assists an
individual with a disability in the selection, acquisition, or
use of an assistive technology device. Such term includes—
‘‘(A) the evaluation of the assistive technology needs
of an individual with a disability, including a functional
evaluation of the impact of the provision of appropriate
assistive technology devices and services to the individual
in the customary environment of the individual;
‘‘(B) a service consisting of purchasing, leasing, or
otherwise providing for the acquisition of assistive technology devices by individuals with disabilities;
‘‘(C) a service consisting of selecting, designing, fitting,
customizing, adapting, applying, maintaining, repairing,
replacing, or donating assistive technology devices;
‘‘(D) coordination and use of necessary therapies, interventions, or services with assistive technology devices, such
as therapies, interventions, or services associated with education and rehabilitation plans and programs;
‘‘(E) instruction or technical assistance for an individual with a disability or, where appropriate, the family
members, guardians, advocates, or authorized representatives of such an individual;
‘‘(F) instruction or technical assistance for professionals
(including individuals providing education and rehabilitation services and entities that manufacture or sell assistive
technology devices), employers, providers of employment
and training services, or other individuals who provide
services to, employ, or are otherwise substantially involved
in the major life functions of individuals with disabilities;
and
‘‘(G) a service consisting of expanding the availability
of access to technology, including electronic and information
technology, to individuals with disabilities.
‘‘(6) CAPACITY BUILDING AND ADVOCACY ACTIVITIES.—The
term ‘capacity building and advocacy activities’ means efforts
that—
‘‘(A) result in laws, regulations, policies, practices,
procedures, or organizational structures that promote consumer-responsive programs or entities; and

H. R. 7776—869
‘‘(B) facilitate and increase access to, provision of, and
funding for assistive technology devices and assistive technology services, in order to empower individuals with
disabilities to achieve greater independence, productivity,
and integration and inclusion within the community and
the workforce.
‘‘(7) COMPREHENSIVE STATEWIDE PROGRAM OF TECHNOLOGYRELATED ASSISTANCE.—The term ‘comprehensive statewide program of technology-related assistance’ means a consumerresponsive program of technology-related assistance for individuals with disabilities that—
‘‘(A) is implemented by a State;
‘‘(B) is equally available to all individuals with disabilities residing in the State, regardless of their type of disability, age, income level, or location of residence in the
State, or the type of assistive technology device or assistive
technology service required; and
‘‘(C) incorporates all the activities described in section
4(e) (unless excluded pursuant to section 4(e)(5)).
‘‘(8) CONSUMER-RESPONSIVE.—The term ‘consumer-responsive’—
‘‘(A) with regard to policies, means that the policies
are consistent with the principles of—
‘‘(i) respect for individual dignity, personal responsibility, self-determination, and pursuit of meaningful
careers, based on informed choice, of individuals with
disabilities;
‘‘(ii) respect for the privacy, rights, and equal
access (including the use of accessible formats) of such
individuals;
‘‘(iii) inclusion, integration, and full participation
of such individuals in society;
‘‘(iv) support for the involvement in decisions of
a family member, a guardian, an advocate, or an
authorized representative, if an individual with a disability requests, desires, or needs such involvement;
and
‘‘(v) support for individual and systems advocacy
and community involvement; and
‘‘(B) with respect to an entity, program, or activity,
means that the entity, program, or activity—
‘‘(i) is easily accessible to, and usable by, individuals with disabilities and, when appropriate, their
family members, guardians, advocates, or authorized
representatives;
‘‘(ii) responds to the needs of individuals with
disabilities in a timely and appropriate manner; and
‘‘(iii) facilitates the full and meaningful participation of individuals with disabilities and their family
members, guardians, advocates, and authorized representatives, in—
‘‘(I) decisions relating to the provision of
assistive technology devices and assistive technology services to such individuals; and
‘‘(II) decisions related to the maintenance,
improvement, and evaluation of the comprehensive

H. R. 7776—870
statewide program of technology-related assistance, including decisions that affect capacity
building and advocacy activities.
‘‘(9) DISABILITY.—The term ‘disability’ has the meaning
given the term under section 3 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102).
‘‘(10) INDIVIDUAL WITH A DISABILITY.—The term ‘individual
with a disability’ means any individual—
‘‘(A) who has a disability; and
‘‘(B) who is or would be enabled by an assistive technology device or an assistive technology service to minimize
deterioration in functioning, to maintain a level of functioning, or to achieve a greater level of functioning in
any major life activity.
‘‘(11) INSTITUTION OF HIGHER EDUCATION.—The term
‘institution of higher education’ has the meaning given such
term in section 101(a) of the Higher Education Act of 1965
(20 U.S.C. 1001(a)), and includes a community college receiving
funding under the Tribally Controlled Colleges and Universities
Assistance Act of 1978 (25 U.S.C. 1801 et seq.).
‘‘(12) PROTECTION AND ADVOCACY SERVICES.—The term
‘protection and advocacy services’ means services that—
‘‘(A) are described in subtitle C of title I of the Developmental Disabilities Assistance and Bill of Rights Act of
2000 (42 U.S.C. 15041 et seq.), the Protection and Advocacy
for Individuals with Mental Illness Act (42 U.S.C. 10801
et seq.), or section 509 of the Rehabilitation Act of 1973
(29 U.S.C. 794e); and
‘‘(B) assist individuals with disabilities with respect
to assistive technology devices and assistive technology
services.
‘‘(13) SECRETARY.—The term ‘Secretary’ means the Secretary of Health and Human Services, acting through the
Administrator of the Administration for Community Living.
‘‘(14) STATE.—
‘‘(A) IN GENERAL.—Except as provided in subparagraph
(B), the term ‘State’ means each of the 50 States of the
United States, the District of Columbia, the Commonwealth
of Puerto Rico, the United States Virgin Islands, Guam,
American Samoa, and the Commonwealth of the Northern
Mariana Islands.
‘‘(B) OUTLYING AREAS.—In section 4(b):
‘‘(i) OUTLYING AREA.—The term ‘outlying area’
means the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern
Mariana Islands.
‘‘(ii) STATE.—The term ‘State’ does not include the
United States Virgin Islands, Guam, American Samoa,
and the Commonwealth of the Northern Mariana
Islands.
‘‘(15) STATE ASSISTIVE TECHNOLOGY PROGRAM.—The term
‘State assistive technology program’ means a program authorized under section 4.
‘‘(16) TARGETED INDIVIDUALS AND ENTITIES.—The term ‘targeted individuals and entities’ means—
‘‘(A) individuals with disabilities and their family members, guardians, advocates, and authorized representatives;

H. R. 7776—871
‘‘(B) underrepresented populations;
‘‘(C) individuals who work for public or private entities
(including centers for independent living described in part
C of title VII of the Rehabilitation Act of 1973 (29 U.S.C.
796f et seq.), insurers, or managed care providers) that
have contact with, or provide services to, individuals with
disabilities;
‘‘(D) educators and related services personnel, including
personnel in elementary, secondary, and postsecondary
schools, and in vocational and early intervention programs;
‘‘(E) technology experts (including web designers and
procurement officials);
‘‘(F) health, allied health, and rehabilitation professionals, and employees of hospitals, skilled nursing, intermediate care, and assisted living facilities (including discharge planners);
‘‘(G) employers, especially small business employers,
and providers of employment and training services;
‘‘(H) entities that manufacture or sell assistive technology devices;
‘‘(I) entities that carry out community programs
designed to develop essential community services in rural
and urban areas; and
‘‘(J) other appropriate individuals and entities,
including public and private entities involved in housing
and transportation, as determined for a State by the State.
‘‘(17) UNDERREPRESENTED POPULATION.—The term ‘underrepresented population’ means a population that is typically
underrepresented in service provision, and includes populations
such as individuals who have low-incidence disabilities, racial
and ethnic minorities, low income individuals, homeless individuals (including children and youth), children in foster care,
individuals with limited English proficiency, individuals living
in institutions seeking to transition to the community from
institutional settings, youth with disabilities aging into adulthood, older individuals, or individuals living in rural areas.
‘‘(18) UNIVERSAL DESIGN.—The term ‘universal design’
means a concept or philosophy for designing and delivering
products and services that are usable by people with the widest
possible range of functional capabilities, which include products
and services that are directly accessible (without requiring
assistive technologies) and products and services that are interoperable with assistive technologies.
‘‘SEC. 4. GRANTS FOR STATE ASSISTIVE TECHNOLOGY PROGRAMS.

‘‘(a) GRANTS TO STATES.—The Secretary shall award grants
under subsection (b) to States to maintain a comprehensive statewide program of assistive technology-related assistance described
in subsection (e) through State assistive technology programs that
are designed to—
‘‘(1) maximize the ability of individuals with disabilities
across the human lifespan and across the wide array of disabilities, and their family members, guardians, advocates, and
authorized representatives, to obtain assistive technology; and
‘‘(2) increase access to assistive technology.
‘‘(b) AMOUNT OF FINANCIAL ASSISTANCE.—

H. R. 7776—872
‘‘(1) IN GENERAL.—From funds made available to carry
out this section, the Secretary shall award a grant to each
State, and outlying area, that meets the requirements of this
section from an allotment determined in accordance with paragraph (2).
‘‘(2) CALCULATION OF STATE GRANTS.—
‘‘(A) BASE YEAR.—Except as provided in subparagraphs
(B) and (C), the Secretary shall allot to each State and
outlying area for a fiscal year an amount that is not less
than the amount the State or outlying area received under
the grants provided under section 4 of this Act (as in
effect on the day before the effective date of the 21st
Century Assistive Technology Act) for fiscal year 2022.
‘‘(B) RATABLE REDUCTION.—
‘‘(i) IN GENERAL.—If funds made available to carry
out this section for any fiscal year are insufficient
to make the allotments required for each State and
outlying area under subparagraph (A) for such fiscal
year, the Secretary shall ratably reduce the allotments
for such fiscal year.
‘‘(ii) ADDITIONAL FUNDS.—If, after the Secretary
makes the reductions described in clause (i), additional
funds become available to carry out this section for
the fiscal year, the Secretary shall ratably increase
the allotments, until the Secretary has allotted the
entire base year amount under subparagraph (A).
‘‘(C) APPROPRIATION HIGHER THAN BASE YEAR
AMOUNT.—For a fiscal year for which the amount of funds
made available to carry out this section is greater than
the base year amount under subparagraph (A) and no
greater than $40,000,000, the Secretary shall—
‘‘(i) make the allotments described in subparagraph
(A);
‘‘(ii) from a portion of the remainder of the funds
after the Secretary makes the allotments described
in clause (i), the Secretary shall—
‘‘(I) from 50 percent of the portion, allot to
each State an equal amount; and
‘‘(II) from 50 percent of the portion, allot to
each State an amount that bears the same relationship to such 50 percent as the population of
the State bears to the population of all States,
until each State has received an allotment of not less
than $410,000 under clause (i) and this clause; and
‘‘(iii) from the remainder of the funds after the
Secretary makes the allotments described in clause
(ii), the Secretary shall—
‘‘(I) from 80 percent of the remainder, allot
to each State an amount that bears the same
relationship to such 80 percent as the population
of the State bears to the population of all States;
and
‘‘(II) from 20 percent of the remainder, allot
to each State an equal amount.
‘‘(D) APPROPRIATION HIGHER THAN THRESHOLD
AMOUNT.—For a fiscal year for which the amount of funds

H. R. 7776—873
made available to carry out this section is $40,000,000
or greater, the Secretary shall—
‘‘(i) make the allotments described in subparagraph
(A);
‘‘(ii) from the funds remaining after the allotment
described in clause (i), allot to each outlying area an
amount of such funds until each outlying area has
received an allotment of exactly $150,000 under clause
(i) and this clause;
‘‘(iii) from a portion of the remainder of the funds
after the Secretary makes the allotments described
in clauses (i) and (ii), the Secretary shall—
‘‘(I) from 50 percent of the portion, allot to
each State an equal amount; and
‘‘(II) from 50 percent of the portion, allot to
each State an amount that bears the same relationship to such 50 percent as the population of
the State bears to the population of all States,
until each State has received an allotment of not less
than $450,000 under clause (i) and this clause; and
‘‘(iv) from the remainder of the funds after the
Secretary makes the allotments described in clause
(iii), the Secretary shall—
‘‘(I) from 80 percent of the remainder, allot
to each State an amount that bears the same
relationship to such 80 percent as the population
of the State bears to the population of all States;
and
‘‘(II) from 20 percent of the remainder, allot
to each State an equal amount.
‘‘(3) AVAILABILITY OF FUNDS.—Amounts made available for
a fiscal year under this section shall be available for the fiscal
year and the year following the fiscal year.
‘‘(c) LEAD AGENCY, IMPLEMENTING ENTITY, AND ADVISORY
COUNCIL.—
‘‘(1) LEAD AGENCY AND IMPLEMENTING ENTITY.—
‘‘(A) LEAD AGENCY.—
‘‘(i) IN GENERAL.—The Governor of a State shall
designate a public agency as a lead agency—
‘‘(I) to control and administer the funds made
available through the grant awarded to the State
under this section; and
‘‘(II) to submit the application described in
subsection (d) on behalf of the State, to ensure
conformance with Federal and State accounting
requirements.
‘‘(ii) DUTIES.—The duties of the lead agency shall
include—
‘‘(I) preparing the application described in subsection (d) and carrying out State activities
described in that application, including making
programmatic and resource allocation decisions
necessary to implement the comprehensive statewide program of technology-related assistance;
‘‘(II) coordinating the activities of the comprehensive statewide program of technology-

H. R. 7776—874
related assistance among public and private entities, including coordinating efforts related to
entering into interagency agreements and
maintaining and evaluating the program; and
‘‘(III) coordinating efforts, in a way that
acknowledges the demographic characteristics of
individuals, related to the active, timely, and
meaningful participation by individuals with
disabilities and their family members, guardians,
advocates, or authorized representatives, and other
appropriate individuals, with respect to activities
carried out through the grant.
‘‘(B) IMPLEMENTING ENTITY.—The Governor may designate an agency, office, or other entity to carry out State
activities under this section (referred to in this section
as the ‘implementing entity’), if such implementing entity
is different from the lead agency. The implementing entity
shall carry out responsibilities under this Act through a
subcontract or another administrative agreement with the
lead agency.
‘‘(C) CHANGE IN AGENCY OR ENTITY.—
‘‘(i) IN GENERAL.—On obtaining the approval of
the Secretary—
‘‘(I) the Governor may redesignate the lead
agency of a State, if the Governor shows to the
Secretary, in accordance with subsection (d)(2)(B),
good cause why the agency designated as the lead
agency should not serve as that agency; and
‘‘(II) the Governor may redesignate the implementing entity of a State, if the Governor shows
to the Secretary in accordance with subsection
(d)(2)(B), good cause why the entity designated
as the implementing entity should not serve as
that entity.
‘‘(ii) CONSTRUCTION.—Nothing in this paragraph
shall be construed to require the Governor of a State
to change the lead agency or implementing entity of
the State to an agency other than the lead agency
or implementing entity of such State as of the date
of enactment of the ‘21st Century Assistive Technology
Act’.
‘‘(2) ADVISORY COUNCIL.—
‘‘(A) IN GENERAL.—There shall be established an
advisory council to provide consumer-responsive, consumerdriven advice to the State for planning, implementation,
and evaluation of the activities carried out through the
grant, including setting the measurable goals described
in subsection (d)(3)(C).
‘‘(B) COMPOSITION AND REPRESENTATION.—
‘‘(i) COMPOSITION.—The advisory council shall be
composed of—
‘‘(I) individuals with disabilities who use
assistive technology or the family members or
guardians of the individuals;
‘‘(II) a representative of the designated State
agency, as defined in section 7 of the Rehabilitation
Act of 1973 (29 U.S.C. 705);

H. R. 7776—875
‘‘(III) a representative of the designated State
agency for individuals who are blind or that provides assistance or services to adults who are blind
(within the meaning of section 101 of that Act
(29 U.S.C. 721)), if such agency is separate from
the agency described in subclause (II);
‘‘(IV) a representative of a State center for
independent living described in part C of title VII
of the Rehabilitation Act of 1973 (29 U.S.C. 796f
et seq.), or the Statewide Independent Living
Council established under section 705 of such Act
(29 U.S.C. 796d);
‘‘(V) a representative of the State workforce
development board established under section 101
of the Workforce Innovation and Opportunity Act
(29 U.S.C. 3111);
‘‘(VI) a representative of the State educational
agency, as defined in section 8101 of the
Elementary and Secondary Education Act of 1965
(20 U.S.C. 7801);
‘‘(VII) a representative of an alternative
financing program for assistive technology if—
‘‘(aa) there is an alternative financing program for assistive technology in the State;
‘‘(bb) such program is separate from the
State assistive technology program supported
under subsection (e)(2); and
‘‘(cc) the program described in item (aa)
is operated by a nonprofit entity;
‘‘(VIII) a representative of 1 or more of—
‘‘(aa) the agency responsible for administering the State Medicaid program under
title XIX of the Social Security Act (42 U.S.C.
1396 et seq.);
‘‘(bb) the designated State agency for purposes of section 124 of the Developmental
Disabilities Assistance and Bill of Rights Act
of 2000 (42 U.S.C. 15024);
‘‘(cc) the State agency designated under
section 305(a)(1) of the Older Americans Act
of 1965 (42 U.S.C. 3025(a)(1)), or an organization that receives assistance under such Act
(42 U.S.C. 3001 et seq.);
‘‘(dd) an organization representing disabled veterans;
‘‘(ee) a University Center for Excellence
in Developmental Disabilities Education,
Research, and Service designated under section 151(a) of the Developmental Disabilities
Assistance and Bill of Rights Act of 2000 (42
U.S.C. 15061(a));
‘‘(ff) the State protection and advocacy
system established in accordance with section
143 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C.
15043); or

H. R. 7776—876
‘‘(gg) the State Council on Developmental
Disabilities established under section 125 of
the Developmental Disabilities Assistance and
Bill of Rights Act of 2000 (42 U.S.C. 15025);
and
‘‘(IX) representatives of other State agencies,
public agencies, or private organizations, as determined by the State.
‘‘(ii) MAJORITY.—
‘‘(I) IN GENERAL.—Not less than 51 percent
of the members of the advisory council shall be
members appointed under clause (i)(I), a majority
of whom shall be individuals with disabilities.
‘‘(II) REPRESENTATIVES OF AGENCIES.—Members appointed under subclauses (II) through (IX)
of clause (i) shall not count toward the majority
membership requirement established in subclause
(I).
‘‘(iii) REPRESENTATION.—The advisory council shall
be geographically representative of the State and
reflect the diversity of the State with respect to race,
ethnicity, age, and types of disabilities, and users of
types of services that an individual with a disability
may receive, including home and community-based
services (as defined in section 9817(a)(2) of the American Rescue Plan Act of 2021 (42 U.S.C. 1396d note)),
vocational rehabilitation services (as defined in section
7 of the Rehabilitation Act of 1973 (29 U.S.C. 705)),
and services through the Individuals with Disabilities
Education Act (20 U.S.C. 1400 et seq.).
‘‘(C) EXPENSES.—The members of the advisory council
shall receive no compensation for their service on the
advisory council, but shall be reimbursed for reasonable
and necessary expenses actually incurred in the performance of official duties for the advisory council.
‘‘(D) IMPACT ON EXISTING STATUTES, RULES, OR POLICIES.—Nothing in this paragraph shall be construed to
affect State statutes, rules, or official policies relating to
advisory bodies for State assistive technology programs
or require changes to governing bodies of incorporated
agencies that carry out State assistive technology programs.
‘‘(d) APPLICATION.—
‘‘(1) IN GENERAL.—Any State that desires to receive a grant
under this section shall submit an application to the Secretary,
at such time, in such manner, and containing such information
as the Secretary may require.
‘‘(2) LEAD AGENCY AND IMPLEMENTING ENTITY.—
‘‘(A) IN GENERAL.—The application shall contain—
‘‘(i) information identifying and describing the lead
agency referred to in subsection (c)(1)(A);
‘‘(ii) information identifying and describing the
implementing entity referred to in subsection (c)(1)(B),
if the Governor of the State designates such an entity;
and

H. R. 7776—877
‘‘(iii) a description of how individuals with disabilities were involved in the development of the application and will be involved in the implementation of
the activities to be carried out through the grant and
through the advisory council established in accordance
with subsection (c)(2).
‘‘(B) CHANGE IN LEAD AGENCY OR IMPLEMENTING
ENTITY.—In any case where—
‘‘(i) the Governor requests to redesignate a lead
agency, the Governor shall include in, or amend, the
application to request the redesignation and provide
a written description of the rationale for the requested
change; or
‘‘(ii) the Governor requests to redesignate an implementing entity, the Governor shall include in, or
amend, the application to request the redesignation
and provide a written description of the rationale for
the requested change.
‘‘(3) STATE PLAN.—The application under this subsection
shall include a State plan for assistive technology consisting
of—
‘‘(A) a description of how the State will carry out a
comprehensive statewide program that provides assistive
technology activities described in subsection (e) (unless
excluded by the State pursuant to subsection (e)(5));
‘‘(B) a description of how the State will allocate and
utilize grant funds to implement the activities described
in subparagraph (A), including describing proposed budget
allocations and planned procedures for tracking expenditures for the activities;
‘‘(C) measurable goals, and a timeline for meeting the
goals, that the State has set for addressing the assistive
technology needs of individuals with disabilities in the
State related to—
‘‘(i) education, including goals involving the provision of assistive technology to individuals with disabilities who receive services under the Individuals with
Disabilities Education Act (20 U.S.C. 1400 et seq.);
‘‘(ii) employment, including goals involving the
State vocational rehabilitation program carried out
under title I of the Rehabilitation Act of 1973 (29
U.S.C. 720 et seq.);
‘‘(iii) access to teleassistive technology to aid in
the access of health care services, including mental
health and substance use disorder services;
‘‘(iv) accessible information and communication
technology instruction for individuals with disabilities
receiving assistive technology under this section; and
‘‘(v) community living;
‘‘(D) information describing how the State will quantifiably measure the goals, in a manner consistent with the
data submitted through the progress reports under subsection (f), to determine whether the goals have been
achieved; and
‘‘(E) a description of any activities described in subsection (e) that the State will support with State or other
non-Federal funds.

H. R. 7776—878
‘‘(4) INVOLVEMENT OF PUBLIC AND PRIVATE ENTITIES.—The
application shall describe how various public and private entities, including individuals with disabilities and their families,
were involved in the development of the application, including
the measurable goals and timeline described in paragraph (3)(C)
and the description of how the goals will be quantifiably measured described in paragraph (3)(D), and will be involved in
the implementation of the activities to be carried out through
the grant, including—
‘‘(A) in cases determined to be appropriate by the State,
a description of the nature and extent of resources that
will be committed by public and private partners to assist
in accomplishing identified goals; and
‘‘(B) a description of the mechanisms established to
ensure coordination of activities and collaboration between
the implementing entity, if any, and the State.
‘‘(5) ASSURANCES.—The application shall include assurances
that—
‘‘(A) the State will annually collect data related to
the required activities implemented by the State under
this section in order to prepare the progress reports
required under subsection (f);
‘‘(B) funds received through the grant—
‘‘(i) will be expended in accordance with this section; and
‘‘(ii) will be used to supplement, and not supplant,
funds available from other sources for technologyrelated assistance, including the provision of assistive
technology devices and assistive technology services;
‘‘(C) the lead agency will control and administer the
funds received through the grant;
‘‘(D) the State will adopt such fiscal control and
accounting procedures as may be necessary to ensure
proper disbursement of and accounting for the funds
received through the grant;
‘‘(E) the physical facility of the lead agency and implementing entity, if any, meets the requirements of the
Americans with Disabilities Act of 1990 (42 U.S.C. 12101
et seq.) regarding accessibility for individuals with disabilities;
‘‘(F) a public agency or an individual with a disability
holds title to any property purchased with funds received
under the grant and administers that property;
‘‘(G) activities carried out in the State that are authorized under this Act, and supported by Federal funds
received under this Act, will comply with the standards
established by the Architectural and Transportation Barriers Compliance Board under section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d); and
‘‘(H) the State will—
‘‘(i) prepare reports to the Secretary in such form
and containing such information as the Secretary may
require to carry out the Secretary’s functions under
this Act; and
‘‘(ii) keep such records and allow access to such
records as the Secretary may require to ensure the

H. R. 7776—879
correctness and verification of information provided
to the Secretary under this subparagraph.
‘‘(e) USE OF FUNDS.—
‘‘(1) REQUIRED ACTIVITIES.—
‘‘(A) IN GENERAL.—Except as provided in subparagraph
(B) and paragraph (5), any State that receives a grant
under this section shall—
‘‘(i) use a portion of not more than 40 percent
of the funds made available through the grant to carry
out all activities described in paragraph (3), of which
not less than 5 percent of such portion shall be available for activities described in paragraph (3)(A)(iii);
and
‘‘(ii) use a portion of the funds made available
through the grant to carry out all of the activities
described in paragraph (2).
‘‘(B) STATE OR OTHER NON-FEDERAL FINANCIAL SUPPORT.—A State receiving a grant under this section shall
not be required to use grant funds to carry out the category
of activities described in subparagraph (A), (B), (C), or
(D) of paragraph (2) in that State if, for such category
of activities, financial support is provided in that State—
‘‘(i) from State or other non-Federal resources or
entities; and
‘‘(ii) in an amount that is comparable to, or greater
than, the amount of the portion of the funds made
available through the grant that the State would have
expended for such category of activities, in the absence
of this subparagraph.
‘‘(2) STATE-LEVEL ACTIVITIES.—
‘‘(A) STATE FINANCING ACTIVITIES.—The State shall
support State financing activities to increase access to,
and funding for, assistive technology devices and assistive
technology services (which shall not include direct payment
for such a device or service for an individual with a disability but may include support and administration of a
program to provide such payment), including development
of systems to provide and pay for such devices and services,
for targeted individuals and entities described in section
3(16)(A), including—
‘‘(i) support for the development of systems for
the purchase, lease, or other acquisition of, or payment
for, assistive technology devices and assistive technology services;
‘‘(ii) another mechanism that is approved by the
Secretary; or
‘‘(iii) support for the development of a Statefinanced or privately financed alternative financing
program engaged in the provision of assistive technology devices, such as—
‘‘(I) a low-interest loan fund;
‘‘(II) an interest buy-down program;
‘‘(III) a revolving loan fund; or
‘‘(IV) a loan guarantee or insurance program.
‘‘(B) DEVICE REUTILIZATION PROGRAMS.—The State
shall directly, or in collaboration with public or private
entities, carry out assistive technology device reutilization

H. R. 7776—880
programs that provide for the exchange, repair, recycling,
or other reutilization of assistive technology devices, which
may include redistribution through device sales, loans,
rentals, or donations.
‘‘(C) DEVICE LOAN PROGRAMS.—The State shall directly,
or in collaboration with public or private entities, carry
out device loan programs that provide short-term loans
of assistive technology devices to individuals, employers,
public agencies, or others seeking to meet the needs of
targeted individuals and entities, including others seeking
to comply with the Individuals with Disabilities Education
Act (20 U.S.C. 1400 et seq.), the Americans with Disabilities
Act of 1990 (42 U.S.C. 12101 et seq.), and section 504
of the Rehabilitation Act of 1973 (29 U.S.C. 794).
‘‘(D) DEVICE DEMONSTRATIONS.—
‘‘(i) IN GENERAL.—The State shall directly, or in
collaboration with public and private entities, such
as one-stop partners, as defined in section 3 of the
Workforce Innovation and Opportunity Act (29 U.S.C.
3102), demonstrate a variety of assistive technology
devices and assistive technology services (including
assisting individuals in making informed choices
regarding, and providing experiences with, the devices
and services), using personnel who are familiar with
such devices and services and their applications.
‘‘(ii) COMPREHENSIVE INFORMATION.—The State
shall directly, or through referrals, provide to individuals, to the extent practicable, comprehensive information about State and local assistive technology venders,
providers, and repair services.
‘‘(3) STATE LEADERSHIP ACTIVITIES.—
‘‘(A) EDUCATIONAL ACTIVITIES AND TECHNICAL ASSISTANCE.—
‘‘(i) IN GENERAL.—The State shall, directly or
through the provision of support to public or private
entities with demonstrated expertise in collaborating
with public or private agencies that serve individuals
with disabilities, develop and disseminate training
materials, conduct educational activities, and provide
technical assistance, for individuals statewide,
including representatives of State and local educational
agencies, State vocational rehabilitation programs,
other State and local agencies, early intervention programs, adult service programs, hospitals and other
health care facilities, institutions of higher education,
and businesses.
‘‘(ii) AUTHORIZED ACTIVITIES.—In carrying out
activities under clause (i), the State shall carry out
activities that enhance the knowledge, skills, and competencies of individuals from local settings described
in such clause, which may include—
‘‘(I) raising awareness and providing instruction on the benefits of assistive technology and
the Federal, State, and private funding sources
available to assist targeted individuals and entities
in acquiring assistive technology;

H. R. 7776—881
‘‘(II) skills development in assessing the need
for assistive technology devices and assistive technology services;
‘‘(III) instruction to ensure the appropriate
application and use of assistive technology devices,
assistive technology services, and accessible
information and communication technology for egovernment functions;
‘‘(IV) instruction in the importance of multiple
approaches to assessment and implementation necessary to meet the individualized needs of individuals with disabilities; and
‘‘(V) technical instruction on integrating
assistive technology into the development and
implementation of service plans, including any
education, health, discharge, Olmstead, employment, or other plan required under Federal or
State law.
‘‘(iii) TRANSITION ASSISTANCE TO INDIVIDUALS WITH
DISABILITIES.—The State shall (directly or through the
provision of support to public or private entities)
develop and disseminate educational materials, conduct educational activities, facilitate access to assistive
technology, and provide technical assistance, to
assist—
‘‘(I) students with disabilities, within the
meaning of the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.), that receive
transition services; and
‘‘(II) adults who are individuals with disabilities maintaining or transitioning to community
living.
‘‘(B) PUBLIC-AWARENESS ACTIVITIES.—
‘‘(i) IN GENERAL.—The State shall conduct publicawareness activities designed to provide information
to targeted individuals and entities relating to the
availability, benefits, appropriateness, and costs of
assistive technology devices and assistive technology
services, including—
‘‘(I) the development of procedures for providing direct communication between providers of
assistive technology and targeted individuals and
entities, which may include partnerships with entities in the statewide and local workforce development systems established under the Workforce
Innovation and Opportunity Act (29 U.S.C. 3101
et seq.), State vocational rehabilitation programs,
public and private employers, centers for independent living described in part C of title VII
of the Rehabilitation Act of 1973 (29 U.S.C. 796f
et seq.), Aging and Disability Resource Centers
(as defined in section 102 of the Older Americans
Act of 1965 (42 U.S.C. 3002)), or elementary
schools and secondary schools (as defined in section
8101 of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 7801));

H. R. 7776—882
‘‘(II) the development and dissemination, to
targeted individuals and entities, of information
about State efforts related to assistive technology;
and
‘‘(III) the distribution of materials to appropriate public and private agencies that provide
social, medical, educational, employment, housing,
and transportation services to individuals with
disabilities.
‘‘(ii) STATEWIDE INFORMATION AND REFERRAL
SYSTEM.—
‘‘(I) IN GENERAL.—The State shall directly, or
in collaboration with public or private entities
(including nonprofit organizations), provide for the
continuation and enhancement of a statewide
information and referral system designed to meet
the needs of targeted individuals and entities.
‘‘(II) CONTENT.—The system shall deliver
information on assistive technology devices,
assistive technology services (with specific data
regarding provider availability within the State),
and the availability of resources, including funding
through public and private sources, to obtain
assistive technology devices and assistive technology services. The system shall also deliver
information on the benefits of assistive technology
devices and assistive technology services with
respect to enhancing the capacity of individuals
with disabilities to perform activities of daily
living.
‘‘(C) COORDINATION AND COLLABORATION.—The State
shall coordinate activities described in paragraph (2) and
this paragraph, among public and private entities that
are responsible for policies, procedures, or funding for the
provision of assistive technology devices and assistive technology services to improve access to such devices and services in the State.
‘‘(4) FUNDING RULES.—
‘‘(A) PROHIBITION.—Funds made available through a
grant to a State under this section shall not be used for
direct payment for an assistive technology device for an
individual with a disability.
‘‘(B) FEDERAL PARTNER COLLABORATION.—In order to
coordinate efforts regarding the availability of funding to
access and acquire assistive technology through device demonstration, loan, reuse, and State financing activities, a
State receiving a grant under this section shall ensure
that the lead agency or implementing entity is conducting
outreach to and, as appropriate, collaborating with, other
State agencies that receive Federal funding for assistive
technology, including—
‘‘(i) the State educational agency receiving assistance under the Individuals with Disabilities Education
Act (20 U.S.C. 1400 et seq.);
‘‘(ii) the State vocational rehabilitation agency
receiving assistance under title I of the Rehabilitation
Act of 1973 (29 U.S.C. 720 et seq.);

H. R. 7776—883
‘‘(iii) the agency responsible for administering the
State Medicaid program under title XIX of the Social
Security Act (42 U.S.C. 1396 et seq.);
‘‘(iv) the State agency receiving assistance under
the Older Americans Act of 1965 (42 U.S.C. 3001 et
seq.); and
‘‘(v) any other agency in a State that funds
assistive technology.
‘‘(C) INDIRECT COSTS.—Not more than 10 percent of
the funds made available through a grant to a State under
this section may be used for indirect costs.
‘‘(5) STATE FLEXIBILITY.—
‘‘(A) IN GENERAL.—Notwithstanding paragraph (1)(A)
and subject to subparagraph (B), a State may use funds
that the State receives under a grant awarded under this
section to carry out any 2 or more of the activities described
in paragraph (2).
‘‘(B) SPECIAL RULE.—Notwithstanding paragraph
(1)(A), any State that exercises its authority under subparagraph (A)—
‘‘(i) shall carry out each of the required activities
described in paragraph (3); and
‘‘(ii) shall use not more than 30 percent of the
funds made available through the grant to carry out
such activities.
‘‘(6) ASSISTIVE TECHNOLOGY DEVICE DISPOSITION.—Notwithstanding other equipment disposition policy under Federal law,
an assistive technology device purchased to be used in activities
authorized under this section may be reutilized to the maximum
extent possible and then donated to a public agency, private
nonprofit agency, or individual with a disability in need of
such device.
‘‘(f) ANNUAL PROGRESS REPORTS.—
‘‘(1) DATA COLLECTION.—Each State receiving a grant under
this section shall participate in data collection as required
by law, including data collection required for preparation of
the reports described in paragraph (2).
‘‘(2) REPORTS.—
‘‘(A) IN GENERAL.—Each State shall prepare and submit
to the Secretary an annual progress report on the activities
carried out by the State in accordance with subsection
(e), including activities funded by State or other non-Federal sources under subsection (e)(1)(B) at such time, and
in such manner, as the Secretary may require.
‘‘(B) CONTENTS.—The report shall include data collected pursuant to this section. The report shall document,
with respect to activities carried out under this section
in the State—
‘‘(i) the type of State financing activities described
in subsection (e)(2)(A) used by the State;
‘‘(ii) the amount and type of assistance given to
consumers of the State financing activities described
in subsection (e)(2)(A) (which shall be classified by
type of assistive technology device or assistive technology service financed through the State financing
activities, and geographic distribution within the
State), including—

H. R. 7776—884
‘‘(I) the number of applications for assistance
received;
‘‘(II) the number of applications—
‘‘(aa) approved;
‘‘(bb) denied; or
‘‘(cc) withdrawn;
‘‘(III) the number, percentage, and dollar
amount of defaults for the financing activities;
‘‘(IV) the range and average interest rate for
the financing activities;
‘‘(V) the range and average income of approved
applicants for the financing activities; and
‘‘(VI) the types and dollar amounts of assistive
technology financed;
‘‘(iii) the number, type, and length of time of loans
of assistive technology devices provided to individuals
with disabilities, employers, public agencies, or public
accommodations through the device loan program
described in subsection (e)(2)(C), and an analysis of
the types of such devices provided through the program, and how each device benefitted the individual
who received such device;
‘‘(iv) the number, type, estimated value, and scope
of assistive technology devices exchanged, repaired,
recycled, or reutilized (including redistributed through
device sales, loans, rentals, or donations) through the
device reutilization program described in subsection
(e)(2)(B), and an analysis of the individuals with
disabilities who have benefited from the device reutilization program;
‘‘(v) the number and type of device demonstrations
and referrals provided under subsection (e)(2)(D), and
an analysis of individuals with disabilities who have
benefited from the demonstrations and referrals;
‘‘(vi)(I) the number and general characteristics of
individuals who participated in educational activities
under subsection (e)(3)(A) (such as individuals with
disabilities, parents, educators, employers, providers
of employment services, health care workers, counselors, other service providers, or venders) and the
topics of such educational activities; and
‘‘(II) to the extent practicable, the geographic distribution of individuals who participated in the educational activities;
‘‘(vii) the frequency of provision and nature of technical assistance provided to State and local agencies
and other entities;
‘‘(viii) the number of individuals assisted through
the statewide information and referral system
described in subsection (e)(3)(B)(ii) and descriptions
of the public awareness activities under subsection
(e)(3)(B);
‘‘(ix) the outcomes of any improvement initiatives
carried out by the State as a result of activities funded
under this section, including a description of any written policies, practices, and procedures that the State
has developed and implemented regarding access to,

H. R. 7776—885
provision of, and funding for, assistive technology
devices, and assistive technology services, in the contexts of education, health care, employment, community living, and accessible information and communication technology, including e-government;
‘‘(x) the source of leveraged funding or other
contributed resources, including resources provided
through subcontracts or other collaborative resourcesharing agreements, from and with public and private
entities to carry out State activities described in subsection (e)(3)(C), the number of individuals served with
the contributed resources for which information is not
reported under clauses (i) through (ix) or clause (xi),
and other outcomes accomplished as a result of such
activities carried out with the contributed resources;
and
‘‘(xi) the level of customer satisfaction with the
services provided.
‘‘SEC.

5.

GRANTS FOR PROTECTION AND ADVOCACY
RELATED TO ASSISTIVE TECHNOLOGY.

SERVICES

‘‘(a) GRANTS.—
‘‘(1) IN GENERAL.—The Secretary shall make grants under
subsection (b) to protection and advocacy systems in each State
for the purpose of enabling such systems to assist in the acquisition, utilization, or maintenance of assistive technology devices
or assistive technology services for individuals with disabilities.
‘‘(2) GENERAL AUTHORITIES.—In providing the assistance
described under paragraph (1), protection and advocacy systems
shall have the same general authorities as the systems are
afforded under subtitle C of title I of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C.
15041 et seq.).
‘‘(b) RESERVATION; DISTRIBUTION.—
‘‘(1) RESERVATION.—For each fiscal year, the Secretary shall
reserve, from the amounts made available to carry out this
section under section 9(b)(2)(B), such sums as may be necessary
to carry out paragraph (4).
‘‘(2) POPULATION BASIS.—From the amounts appropriated
to carry out this section for a fiscal year that remain after
the reservation required under paragraph (1) has been made,
the Secretary shall make a grant to a protection and advocacy
system within each State in an amount bearing the same
ratio to the remaining amounts as the population of the State
bears to the population of all States.
‘‘(3) MINIMUMS.—Subject to the availability of appropriations and paragraph (5), the amount of a grant to a protection
and advocacy system under paragraph (2) for a fiscal year
shall—
‘‘(A) in the case of a protection and advocacy system
located in American Samoa, Guam, the United States
Virgin Islands, or the Commonwealth of the Northern Mariana Islands, not be less than $30,000; and
‘‘(B) in the case of a protection and advocacy system
located in a State not described in subparagraph (A), not
be less than $50,000.

H. R. 7776—886
‘‘(4) PAYMENT TO THE SYSTEM SERVING THE AMERICAN
INDIAN CONSORTIUM.—
‘‘(A) IN GENERAL.—The Secretary shall make grants
to the protection and advocacy system serving the American
Indian consortium to provide services in accordance with
this section.
‘‘(B) AMOUNT OF GRANTS.—The amount of a grant
under subparagraph (A) shall be the same as the amount
provided under paragraph (3)(A).
‘‘(5) ADJUSTMENTS.—For each fiscal year for which the total
amount appropriated under section 9(b)(2)(B) to carry out this
section is $8,000,000 or more and such appropriated amount
exceeds the total amount appropriated to carry out this section
for the preceding fiscal year, the Secretary shall increase each
of the minimum grant amounts described in subparagraphs
(A) and (B) of paragraph (3) and paragraph (4)(B) by a percentage equal to the percentage increase in the total amount appropriated under section 9 to carry out this section for the preceding fiscal year and such total amount for the fiscal year
for which the determination is being made.
‘‘(c) DIRECT PAYMENT.—Notwithstanding any other provision
of law, the Secretary shall pay directly to any protection and
advocacy system that complies with this section, the total amount
of the grant made for such system under this section, unless the
system provides otherwise for payment of the grant amount.
‘‘(d) CARRYOVER; PROGRAM INCOME.—
‘‘(1) CARRYOVER.—Any amount paid to a protection and
advocacy system for a fiscal year under this section that
remains unobligated at the end of such fiscal year shall remain
available to such system for obligation during the subsequent
fiscal year.
‘‘(2) PROGRAM INCOME.—Program income generated from
any amount paid to a protection and advocacy system for a
fiscal year shall—
‘‘(A) remain available to the protection and advocacy
system for 5 additional fiscal years after the year in which
such amount was paid to the protection and advocacy
system and be considered an addition to the grant; and
‘‘(B) only be used to improve the awareness of individuals with disabilities about the accessibility of assistive
technology and assist such individuals in the acquisition,
utilization, or maintenance of assistive technology devices
or assistive technology services.
‘‘(e) REPORT TO SECRETARY.—A protection and advocacy system
that receives a grant under this section shall annually prepare
and submit to the Secretary a report that contains documentation
of the progress of the protection and advocacy system in—
‘‘(1) conducting consumer-responsive activities, including
activities that will lead to increased access for individuals with
disabilities to funding for assistive technology devices and
assistive technology services;
‘‘(2) engaging in informal advocacy to assist in securing
assistive technology devices and assistive technology services
for individuals with disabilities;
‘‘(3) engaging in formal representation for individuals with
disabilities to secure systems change, and in advocacy activities

H. R. 7776—887
to secure assistive technology devices and assistive technology
services for individuals with disabilities;
‘‘(4) developing and implementing strategies to enhance
the long-term abilities of individuals with disabilities and their
family members, guardians, advocates, and authorized representatives to advocate the provision of assistive technology
devices and assistive technology services to which the individuals with disabilities are entitled under law other than this
Act;
‘‘(5) coordinating activities with protection and advocacy
services funded through sources other than this Act, and coordinating activities with the capacity building and advocacy activities carried out by the lead agency; and
‘‘(6) effectively allocating funds made available under this
section to improve the awareness of individuals with disabilities
about the accessibility of assistive technology and assist such
individuals in the acquisition, utilization, or maintenance of
assistive technology devices or assistive technology services.
‘‘(f) REPORTS AND UPDATES TO STATE AGENCIES.—A protection
and advocacy system that receives a grant under this section shall
prepare and submit to the lead agency of the State designated
under section 4(c)(1) the report described in subsection (e) and
quarterly updates concerning the activities described in such subsection.
‘‘(g) COORDINATION.—On making a grant under this section
to a protection and advocacy system in a State, the Secretary
shall solicit and consider the opinions of the lead agency of the
State with respect to efforts at coordination of activities, collaboration, and promoting outcomes between the lead agency and the
protection and advocacy system that receives the grant under this
section.
‘‘SEC. 6. TECHNICAL ASSISTANCE AND DATA COLLECTION SUPPORT.

‘‘(a) DEFINITIONS.—In this section:
‘‘(1) QUALIFIED DATA COLLECTION AND REPORTING ENTITY.—
The term ‘qualified data collection and reporting entity’ means
an entity with demonstrated expertise in data collection and
reporting as described in section 4(f)(2)(B), in order to—
‘‘(A) provide recipients of grants under this Act with
instruction and technical assistance; and
‘‘(B) assist such recipients with data collection and
data requirements.
‘‘(2) QUALIFIED PROTECTION AND ADVOCACY SYSTEM TECHNICAL ASSISTANCE PROVIDER.—The term ‘qualified protection
and advocacy system technical assistance provider’ means an
entity that has experience in—
‘‘(A) working with protection and advocacy systems
established in accordance with section 143 of the Developmental Disabilities Assistance and Bill of Rights Act of
2000 (42 U.S.C. 15043); and
‘‘(B) providing technical assistance to protection and
advocacy agencies.
‘‘(3) QUALIFIED TECHNICAL ASSISTANCE PROVIDER.—The
term ‘qualified technical assistance provider’ means an entity
with demonstrated expertise in assistive technology and that
has (directly or through grant or contract)—

H. R. 7776—888
‘‘(A) experience and expertise in administering programs, including developing, implementing, and administering all of the activities described in section 4(e); and
‘‘(B) documented experience in and knowledge about—
‘‘(i) assistive technology device loan and demonstration;
‘‘(ii) assistive technology device reuse;
‘‘(iii) financial loans and microlending, including
the activities of alternative financing programs for
assistive technology; and
‘‘(iv) State leadership activities.
‘‘(b) TECHNICAL ASSISTANCE AND DATA COLLECTION SUPPORT
AUTHORIZED.—
‘‘(1) SUPPORT FOR ASSISTIVE TECHNOLOGY EDUCATIONAL
ACTIVITIES AND TECHNICAL ASSISTANCE.—From amounts made
available under section 9(b)(1), the Secretary shall award, on
a competitive basis, grants, contracts, or cooperative agreements—
‘‘(A) to qualified technical assistance providers to support activities described in subsection (d)(1) for States
receiving grants under section 4; and
‘‘(B) to qualified protection and advocacy system technical assistance providers to support activities described
in subsection (d)(1) for protection and advocacy systems
receiving grants under section 5.
‘‘(2) SUPPORT FOR DATA COLLECTION AND REPORTING ASSISTANCE.—From amounts made available under section 9(b)(1),
the Secretary shall award, on a competitive basis, grants, contracts, or cooperative agreements—
‘‘(A) to qualified data collection and reporting entities,
to enable the qualified data collection and reporting entities
to carry out the activities described in subsection (d)(2)
for States receiving grants under section 4; and
‘‘(B) to qualified protection and advocacy system technical assistance providers, to enable the providers to carry
out the activities described in subsection (d)(2) for protection and advocacy systems receiving grants under section
5.
‘‘(c) APPLICATION.—
‘‘(1) IN GENERAL.—To be eligible to receive a grant, contract,
or cooperative agreement under this section, an entity shall
submit an application to the Secretary at such time, in such
manner, and containing the following information:
‘‘(A) A description of the activities such entity will
carry out with the grant, contract, or cooperative agreement
under subsection (d).
‘‘(B) A description of the expertise such entity has
to carry out such activities.
‘‘(C) In the case of an entity applying to receive a
grant, contract, or cooperative agreement under subsection
(b)(1), a description of such entity’s plan for complying
with the requirements described in subsection (d)(1)(B).
‘‘(D) A description of such entity’s plan to comply with
all relevant State and Federal laws, regulations, and policies with respect to data privacy and security.
‘‘(E) Such other information as the Secretary may
require.

H. R. 7776—889
‘‘(2) INPUT.—In developing grants, contracts, or cooperative
agreements under this section, the Secretary shall consider
the input of the recipients of grants under sections 4 and
5 and other individuals the Secretary determines to be appropriate, especially—
‘‘(A) individuals with disabilities who use assistive
technology and understand the barriers to the acquisition
of such technology and assistive technology services;
‘‘(B) family members, guardians, advocates, and
authorized representatives of such individuals;
‘‘(C) relevant employees from Federal departments and
agencies, other than the Department of Health and Human
Services;
‘‘(D) representatives of businesses; and
‘‘(E) venders and public and private researchers and
developers.
‘‘(d) AUTHORIZED ACTIVITIES.—
‘‘(1) USE OF FUNDS FOR ASSISTIVE TECHNOLOGY TECHNICAL
ASSISTANCE.—
‘‘(A) TECHNICAL ASSISTANCE EFFORTS.—A qualified
technical assistance provider or qualified protection and
advocacy system technical assistance provider receiving a
grant, contract, or cooperative agreement under subsection
(b)(1) shall support a technical assistance program for
States or protection and advocacy systems receiving a grant
under section 4 or 5, respectively, that—
‘‘(i) addresses State-specific information requests
concerning assistive technology from entities funded
under this Act and public entities not funded under
this Act, including—
‘‘(I) effective approaches to Federal-State
coordination of programs for individuals with
disabilities related to improving funding for or
access to assistive technology devices and assistive
technology services for individuals with disabilities;
‘‘(II) model State and local laws, regulations,
policies, practices, procedures, and organizational
structures, that facilitate, and overcome barriers
to, funding for, and access to, assistive technology
devices and assistive technology services;
‘‘(III) effective approaches to developing, implementing, evaluating, and sustaining activities
described in section 4 or 5, as the case may be,
and related to improving acquisition and access
to assistive technology devices and assistive technology services for individuals with disabilities,
and requests for assistance in developing corrective
action plans;
‘‘(IV) policies, practices, procedures, regulations, or judicial decisions related to access to and
acquisition of assistive technology devices and
assistive technology services for individuals with
disabilities;
‘‘(V) effective approaches to the development
of consumer-controlled systems that increase
access to, funding for, and awareness of, assistive

H. R. 7776—890
technology devices and assistive technology services; and
‘‘(VI) other requests for information and technical assistance from entities funded under this
Act; and
‘‘(ii) in the case of a program that will serve States
receiving grants under section 4—
‘‘(I) assists targeted individuals and entities
by disseminating information and responding to
requests relating to assistive technology by providing referrals to recipients of grants under section 4 or other public or private resources; and
‘‘(II) provides State-specific, regional, and
national technical assistance concerning assistive
technology to entities funded under this Act, and
public and private entities not funded under this
Act, including—
‘‘(aa) annually providing a forum for
exchanging information concerning, and promoting program and policy improvements in,
required activities of the State assistive technology programs;
‘‘(bb) facilitating onsite and electronic
information sharing using state-of-the-art
internet technologies such as real-time online
discussions, multipoint video conferencing, and
web-based audio or video broadcasts, on
emerging topics that affect State assistive
technology programs;
‘‘(cc) convening experts from State
assistive technology programs to discuss and
make recommendations with regard to
national emerging issues of importance to
individuals with assistive technology needs;
‘‘(dd) sharing best practice and evidencebased practices among State assistive technology programs;
‘‘(ee) developing or maintaining an accessible, national, and public website that
includes information, tools, and resources on
assistive technology devices and assistive technology services and links to State assistive
technology programs, appropriate Federal
departments and agencies, and private
resources;
‘‘(ff) developing a resource that connects
individuals from a State with the State
assistive technology program in their State;
‘‘(gg) providing access to experts in the
State-level activities described in section
4(e)(2) through site visits, teleconferences, and
other means, to ensure access to information
for entities that are carrying out new programs or programs that are not making
progress in achieving the objectives of the programs; and

H. R. 7776—891
‘‘(hh) supporting and coordinating activities designed to reduce the financial costs of
purchasing assistive technology for the activities described in section 4(e), and reducing
duplication of activities among State assistive
technology programs.
‘‘(B) COLLABORATION.—In developing and providing
technical assistance under this paragraph, a qualified technical assistance provider or qualified protection and
advocacy system technical assistance provider receiving a
grant, contract, or cooperative agreement under subsection
(b)(1) shall—
‘‘(i) collaborate with—
‘‘(I) organizations representing individuals
with disabilities;
‘‘(II) national organizations representing State
assistive technology programs;
‘‘(III) organizations representing State officials
and agencies engaged in the delivery of assistive
technology;
‘‘(IV) other qualified protection and advocacy
system technical assistance providers and qualified
technical assistance providers;
‘‘(V) providers of State financing activities,
including alternative financing programs for
assistive technology;
‘‘(VI) providers of device loans, device demonstrations, and device reutilization; and
‘‘(VII) any other organizations determined
appropriate by the provider or the Secretary; and
‘‘(ii) in the case of a qualified technical assistance
provider, include activities identified as priorities by
State advisory councils and lead agencies and implementing entities for grants under section 4.
‘‘(2) USE OF FUNDS FOR ASSISTIVE TECHNOLOGY DATA
COLLECTION AND REPORTING ASSISTANCE.—A qualified data
collection and reporting entity or a qualified protection and
advocacy system technical assistance provider receiving a grant,
contract, or cooperative agreement under subsection (b)(2) shall
assist States or protection and advocacy systems receiving a
grant under section 4 or 5, respectively, to develop and implement effective and accessible data collection and reporting systems that—
‘‘(A) focus on quantitative and qualitative data elements;
‘‘(B) help measure the impact of the activities to
individuals who need assistive technology;
‘‘(C) in the case of systems that will serve States
receiving grants under section 4—
‘‘(i) measure the outcomes of all activities described
in section 4(e) and the progress of the States toward
achieving the measurable goals described in section
4(d)(3)(C); and
‘‘(ii) provide States with the necessary information
required under this Act or by the Secretary for reports
described in section 4(f)(2); and

H. R. 7776—892
‘‘(D) are in full compliance with all relevant State
and Federal laws, regulations, and policies with respect
to data privacy and security.
‘‘SEC. 7. PROJECTS OF NATIONAL SIGNIFICANCE.

‘‘(a) DEFINITION OF PROJECT OF NATIONAL SIGNIFICANCE.—In
this section, the term ‘project of national significance’—
‘‘(1) means a project that—
‘‘(A) increases access to, and acquisition of, assistive
technology; and
‘‘(B) creates opportunities for individuals with disabilities to directly and fully contribute to, and participate
in, all facets of education, employment, community living,
and recreational activities; and
‘‘(2) may—
‘‘(A) develop and expand partnerships between State
Medicaid agencies and recipients of grants under section
4 to reutilize durable medical equipment;
‘‘(B) increase collaboration between the recipients of
grants under section 4 and States receiving grants under
the Money Follows the Person Rebalancing Demonstration
under section 6071 of the Deficit Reduction Act of 2005
(42 U.S.C. 1396a note);
‘‘(C) increase collaboration between recipients of grants
under section 4 and area agencies on aging, as such term
is defined in section 102 of the Older Americans Act of
1965 (42 U.S.C. 3002), which may include collaboration
on emergency preparedness, safety equipment, or assistive
technology toolkits;
‘‘(D) provide aid to assist youth with disabilities to
transition from school to adult life, especially in—
‘‘(i) finding employment and postsecondary education opportunities; and
‘‘(ii) upgrading and changing any assistive technology devices that may be needed as a youth matures;
‘‘(E) increase access to and acquisition of assistive technology addressing the needs of aging individuals and aging
caregivers in the community;
‘‘(F) increase effective and efficient use of assistive
technology as part of early intervention for infants and
toddlers with disabilities from birth to age 3;
‘‘(G) increase awareness of and access to the Disability
Funds-Financial Assistance funding provided by the
Community Development Financial Institutions Fund that
supports acquisition of assistive technology; and
‘‘(H) increase awareness of and access to assistive technology, such as through models described in subclauses
(I) through (IV) of section 4(e)(2)(A)(iii) and other Federally
funded disability programs.
‘‘(b) PROJECTS AUTHORIZED.—If funds are available pursuant
to section 9(c) to carry out this section for a fiscal year, the Secretary
may award, on a competitive basis, grants, contracts, and cooperative agreements to public or private nonprofit entities to enable
the entities to carry out projects of national significance.
‘‘(c) APPLICATION.—A public or private nonprofit entity desiring
a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing a description

H. R. 7776—893
of the project of national significance the entity proposes to carry
out under this section.
‘‘(d) AWARD PREFERENCE.—For each grant award period, the
Secretary may give preference for 1 or more categories of projects
of national significance described in subparagraphs (A) through
(H) of subsection (a)(2).
‘‘(e) MINIMUM FUNDING LEVEL REQUIRED.—The Secretary may
only award grants, contracts, or cooperative agreements under this
section if the amount made available under section 9 to carry
out sections 4, 5, and 6 is equal to or greater than $49,000,000.
‘‘SEC. 8. ADMINISTRATIVE PROVISIONS.

‘‘(a) GENERAL ADMINISTRATION.—
‘‘(1) IN GENERAL.—Notwithstanding any other provision of
law, the Administrator of the Administration for Community
Living of the Department of Health and Human Services
(referred to in this section as the ‘Administrator’) shall be
responsible for the administration of this Act.
‘‘(2) COLLABORATION.—The Administrator shall consult
with the Office of Special Education Programs of the Department of Education, the Rehabilitation Services Administration
of the Department of Education, the Office of Disability Employment Policy of the Department of Labor, and other appropriate
Federal entities in the administration of this Act.
‘‘(3) ADMINISTRATION.—
‘‘(A) IN GENERAL.—In administering this Act, the
Administrator shall ensure that programs funded under
this Act will address—
‘‘(i) the needs of individuals with all types of
disabilities and across the lifespan; and
‘‘(ii) the use of assistive technology in all potential
environments, including employment, education, and
community living.
‘‘(B) FUNDING LIMITATIONS.—For each fiscal year, not
more than 1⁄2 of 1 percent of the total funding appropriated
for this Act shall be used by the Administrator to support
the administration of this Act.
‘‘(b) REVIEW OF PARTICIPATING ENTITIES.—
‘‘(1) IN GENERAL.—The Secretary shall assess the extent
to which entities that receive grants under this Act are complying with the applicable requirements of this Act and
achieving measurable goals that are consistent with the requirements of the grant programs under which the entities received
the grants.
‘‘(2) PROVISION OF INFORMATION.—To assist the Secretary
in carrying out the responsibilities of the Secretary under this
section, the Secretary may require States to provide relevant
information, including the information required under subsection (d).
‘‘(c) CORRECTIVE ACTION AND SANCTIONS.—
‘‘(1) CORRECTIVE ACTION.—If the Secretary determines that
an entity that receives a grant under this Act fails to substantially comply with the applicable requirements of this Act,
or to make substantial progress toward achieving the measurable goals described in subsection (b)(1) with respect to the
grant program, the Secretary shall assist the entity, through
technical assistance funded under section 6 or other means,

H. R. 7776—894
within 90 days after such determination, to develop a corrective
action plan.
‘‘(2) SANCTIONS.—If the entity fails to develop and comply
with a corrective action plan described in paragraph (1) during
a fiscal year, the entity shall be subject to 1 of the following
corrective actions selected by the Secretary:
‘‘(A) Partial or complete termination of funding under
the grant program, until the entity develops and complies
with such a plan.
‘‘(B) Ineligibility to participate in the grant program
in the following fiscal year.
‘‘(C) Reduction in the amount of funding that may
be used for indirect costs under section 4 for the following
fiscal year.
‘‘(D) Required redesignation of the lead agency designated under section 4(c)(1) or an entity responsible for
administering the grant program.
‘‘(3) APPEALS PROCEDURES.—The Secretary shall establish
appeals procedures for entities that are determined to be in
noncompliance with the applicable requirements of this Act,
or have not made substantial progress toward achieving the
measurable goals described in subsection (b)(1).
‘‘(4) SECRETARIAL ACTION.—As part of the annual report
required under subsection (d), the Secretary shall describe each
such action taken under paragraph (1) or (2) and the outcomes
of each such action.
‘‘(5) PUBLIC NOTIFICATION.—Not later than 30 days after
taking an action under paragraph (1) or (2), the Secretary
shall notify the public, by posting on an easily accessible portion
of the internet website of the Department of Health and Human
Services, notification of each action taken by the Secretary
under paragraph (1) or (2). As a part of such notification,
the Secretary shall describe each such action taken under paragraph (1) or (2) and the outcomes of each such action.
‘‘(d) ANNUAL REPORT TO CONGRESS.—
‘‘(1) IN GENERAL.—Not later than December 31 of each
year, the Secretary shall prepare and submit to the President,
the Committee on Health, Education, Labor, and Pensions of
the Senate, and the Committee on Education and Labor of
the House of Representatives a report on the activities funded
under this Act to improve the access of assistive technology
devices and assistive technology services to individuals with
disabilities.
‘‘(2) CONTENTS.—Each report described in paragraph (1)
shall include—
‘‘(A) a compilation and summary of the information
provided by the States in annual progress reports submitted under section 4(f); and
‘‘(B) a summary of the State applications described
in section 4(d) and an analysis of the progress of the
States in meeting the measurable goals established in State
applications under section 4(d)(3)(C).
‘‘(e) CONSTRUCTION.—Nothing in this section shall be construed
to affect the enforcement authority of the Secretary, another Federal
officer, or a court under any other applicable law.
‘‘(f) EFFECT ON OTHER ASSISTANCE.—This Act may not be construed as authorizing a Federal or State agency to reduce medical

H. R. 7776—895
or other assistance available, or to alter eligibility for a benefit
or service, under any other Federal law.
‘‘SEC. 9. AUTHORIZATION OF APPROPRIATIONS; RESERVATIONS AND
DISTRIBUTION OF FUNDS.

‘‘(a) IN GENERAL.—There are authorized to be appropriated
to carry out this Act—
‘‘(1) $44,000,000 for fiscal year 2023;
‘‘(2) $45,980,000 for fiscal year 2024;
‘‘(3) $48,049,100 for fiscal year 2025;
‘‘(4) $50,211,310 for fiscal year 2026; and
‘‘(5) $52,470,819 for fiscal year 2027.
‘‘(b) RESERVATIONS AND DISTRIBUTION OF FUNDS.—Subject to
subsection (c), for each fiscal year for which funds are made available under subsection (a) to carry out this Act, the Secretary shall—
‘‘(1) reserve an amount equal to 3 percent of the funds
made available for each such fiscal year to carry out paragraphs
(1) and (2) of section 6(b); and
‘‘(2) from the amounts remaining after making the reservation under paragraph (1)—
‘‘(A) use 85.5 percent of such amounts to carry out
section 4; and
‘‘(B) use 14.5 percent of such amounts to carry out
section 5.
‘‘(c) LIMIT FOR PROJECTS OF NATIONAL SIGNIFICANCE.—For any
fiscal year for which the amount made available under subsection
(a) exceeds $49,000,000 the Secretary may—
‘‘(1) reserve for section 7, an amount of such available
funds that does not exceed the lesser of—
‘‘(A) the excess amount made available; or
‘‘(B) $2,000,000; and
‘‘(2) make the reservation under paragraph (1) before carrying out subsection (b).’’.
SEC. 5403. EFFECTIVE DATE.

This title, and the amendments made by this title, shall take
effect on the day that is 6 months after the date of enactment
of this Act.

TITLE LV—FOREIGN AFFAIRS MATTERS
TITLE LV—FOREIGN AFFAIRS MATTERS
Subtitle A—Taiwan Enhanced Resilience Act
Sec. 5501. Short title.
PART 1—IMPLEMENTATION
Sec. 5502.
Sec. 5503.
Sec. 5504.
Sec. 5505.
Sec. 5506.
Sec. 5507.
Sec. 5508.
Sec. 5509.

ENHANCED DEFENSE PARTNERSHIP BETWEEN THE
UNITED STATES AND TAIWAN
Modernizing Taiwan’s security capabilities to deter and, if necessary, defeat aggression by the People’s Republic of China.
Increase in annual regional contingency stockpile additions and support
for Taiwan.
International military education and training cooperation with Taiwan.
Additional authorities to support Taiwan.
Multi-year plan to fulfill defensive requirements of military forces of Taiwan.
Fast-tracking sales to Taiwan under Foreign Military Sales program.
Arms exports delivery solutions for Taiwan and United States allies in
the Indo-Pacific.
Assessment of Taiwan’s needs for civilian defense and resilience.
OF AN

H. R. 7776—896
Sec. 5510. Annual report on Taiwan defensive military capabilities and intelligence
support.
Sec. 5511. Findings and statement of policy.
Sec. 5512. Sense of Congress on Taiwan defense relations.
PART 2—COUNTERING PEOPLE’S REPUBLIC OF CHINA’S COERCION AND INFLUENCE
CAMPAIGNS
Sec. 5513. Strategy to respond to influence and information operations targeting
Taiwan.
Sec. 5514. Task force to counter economic coercion by the People’s Republic of
China.
Sec. 5515. China censorship monitor and action group.
PART 3—INCLUSION OF TAIWAN IN INTERNATIONAL ORGANIZATIONS
Sec. 5516. Findings.
Sec. 5517. Sense of Congress on Taiwan’s meaningful participation in the international community.
Sec. 5518. Strategy to support Taiwan’s meaningful participation in international
organizations.
Sec. 5519. Meaningful participation of Taiwan in the International Civil Aviation
Organization.
PART 4—MISCELLANEOUS PROVISIONS
Sec. 5520. Report on Taiwan Travel Act.
Sec. 5521. Amendments to the Taiwan Allies International Protection and Enhancement Initiative (Taipei) Act of 2019.
Sec. 5522. Report on role of People’s Republic of China’s nuclear threat in escalation dynamics.
Sec. 5523. Report analyzing the impact of Russia’s war against Ukraine on the objectives of the People’s Republic of China with respect to Taiwan.
Sec. 5524. Expanding United States-Taiwan development cooperation.
Sec. 5525. Sense of congress on expanding United States economic relations with
Taiwan.
PART 5—SUPPORTING UNITED STATES EDUCATIONAL AND EXCHANGE PROGRAMS WITH
TAIWAN
Sec. 5526. Short title.
Sec. 5527. Findings.
Sec. 5528. Purposes.
Sec. 5529. Definitions.
Sec. 5530. Taiwan Fellowship Program.
Sec. 5531. Reports and audits.
Sec. 5532. Taiwan fellows on detail from government service.
Sec. 5533. Funding.
Sec. 5534. Study and report.
Sec. 5535. Supporting United States educational and exchange programs with Taiwan.
PART 6—UNITED STATES-TAIWAN PUBLIC HEALTH PROTECTION
Sec. 5536. Short title.
Sec. 5537. Definitions.
Sec. 5538. Study on an infectious disease monitoring center.
PART 7—RULES OF CONSTRUCTION
Sec. 5539. Rule of construction.
Sec. 5540. Rule of construction regarding the use of military force.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

5541.
5542.
5543.
5544.
5545.
5546.
5547.
5548.
5549.
5550.

Subtitle B—United States-Ecuador Partnership Act of 2022
Short title.
Sense of Congress.
Facilitating economic and commercial ties.
Promoting inclusive economic development.
Combating illicit economies, corruption, and negative foreign influence.
Strengthening democratic governance.
Fostering conservation and stewardship.
Authorization to transfer excess Coast Guard vessels.
Reporting requirements.
Sunset.
Subtitle C—FENTANYL Results Act

Sec. 5551. Short title.

H. R. 7776—897
Sec. 5552. Prioritization of efforts of the Department of State to combat international trafficking in covered synthetic drugs.
Sec. 5553. Program to provide assistance to build the capacity of foreign law enforcement agencies with respect to covered synthetic drugs.
Sec. 5554. Exchange program on demand reduction matters relating to illicit use of
covered synthetic drugs.
Sec. 5555. Amendments to international narcotics control program.
Sec. 5556. Sense of Congress.
Sec. 5557. Rule of construction.
Sec. 5558. Definitions.
Subtitle D—International Pandemic Preparedness
Short title.
Definitions.
Enhancing the United States’ international response to pandemics.
International pandemic prevention and preparedness.
Financial Intermediary Fund for Pandemic Prevention, Preparedness,
and Response.
Sec. 5564. General provisions.
Sec. 5565. Sunset.
Sec. 5566. Rule of construction.
Sec.
Sec.
Sec.
Sec.
Sec.

5559.
5560.
5561.
5562.
5563.

Subtitle E—Burma Act of 2022
Sec. 5567. Short title.
Sec. 5568. Definitions.
PART 1—MATTERS RELATING
Sec. 5569. Statement of policy.

TO THE

CONFLICT

IN

BURMA

PART 2—SANCTIONS AND POLICY COORDINATION WITH RESPECT TO BURMA
Sec. 5570. Definitions.
Sec. 5571. Imposition of sanctions with respect to human rights abuses and perpetration of a coup in Burma.
Sec. 5572. Sanctions and policy coordination for Burma.
Sec. 5573. Support for greater United Nations action with respect to Burma.
Sec. 5574. Sunset.
PART 3—AUTHORIZATIONS OF APPROPRIATIONS FOR ASSISTANCE
Sec. 5575. General authorization of appropriations.
Sec. 5576. Limitations.
Sec. 5577. Appropriate congressional committees defined.

FOR

BURMA

PART 4—EFFORTS AGAINST HUMAN RIGHTS ABUSES
Sec. 5578. Authorization to provide technical assistance for efforts against human
rights abuses.
PART 5—SANCTIONS EXCEPTION RELATING TO IMPORTATION
Sec. 5579. Sanctions exception relating to importation of goods.

OF

GOODS

Subtitle F—Promotion of Freedom of Information and Countering of Censorship and
Surveillance in North Korea
Sec. 5580. Short title.
Sec. 5581. Findings; sense of Congress.
Sec. 5582. Statement of policy.
Sec. 5583. United States strategy to combat North Korea’s repressive information
environment.
Sec. 5584. Promoting freedom of information and countering censorship and surveillance in North Korea.
Subtitle G—Other Matters
Sec. 5585. Congressional notification for rewards paid using cryptocurrencies.
Sec. 5586. Secure access to sanitation facilities for women and girls.
Sec. 5587. Reauthorization of the Tropical Forest and Coral Reef Conservation Act
of 1998.
Sec. 5588. Global Food Security Reauthorization Act of 2022.
Sec. 5589. Extension and modification of certain export controls.
Sec. 5590. Imposition of sanctions with respect to the sale, supply, or transfer of
gold to or from Russia.
Sec. 5591. Renegotiation of Compacts of Free Association.

H. R. 7776—898
Sec. 5592. Secretary of State assistance for prisoners in Islamic Republic of Iran.
Sec. 5593. Iran Nuclear Weapons Capability and Terrorism Monitoring Act of 2022.
Subtitle H—Reports
Modification to peacekeeping operations report.
Report on Indo-Pacific region.
Report on humanitarian situation and food security in Lebanon.
Statement of policy and report on engaging with Niger.
Report on bilateral security and law enforcement cooperation with Mexico.
Sec. 5599. Report on Chinese support to Russia with respect to its unprovoked invasion of and full-scale war against Ukraine.
Sec. 5599A. Feasibility study on United States support for and participation in the
international counterterrorism academy in Coˆte d’Ivoire.
Sec. 5599B. Consultations on reuniting Korean Americans with family members in
North Korea.
Sec.
Sec.
Sec.
Sec.
Sec.

5594.
5595.
5596.
5597.
5598.

Subtitle I—Sense of Congress Provisions
5599C. Sense of Congress regarding the status of China.
5599D. Sense of Congress regarding Israel.
5599E. Sense of Congress relating to the NATO Parliamentary Assembly.
5599F. Condemning detention and indictment of Russian opposition leader
Vladimir Vladimirovich Kara-Murza.
Sec. 5599G. Sense of Congress regarding development of nuclear weapons by Iran.
Sec.
Sec.
Sec.
Sec.

Subtitle A—Taiwan Enhanced Resilience
Act
SEC. 5501. SHORT TITLE.

This subtitle may be cited as the ‘‘Taiwan Enhanced Resilience
Act’’.

PART 1—IMPLEMENTATION OF AN ENHANCED
DEFENSE PARTNERSHIP BETWEEN THE
UNITED STATES AND TAIWAN
SEC. 5502. MODERNIZING TAIWAN’S SECURITY CAPABILITIES TO
DETER AND, IF NECESSARY, DEFEAT AGGRESSION BY THE
PEOPLE’S REPUBLIC OF CHINA.

(a) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In
this section, the term ‘‘appropriate congressional committees’’
means—
(1) the Committee on Foreign Relations of the Senate;
(2) the Committee on Armed Services of the Senate;
(3) the Committee on Appropriations of the Senate;
(4) the Committee on Foreign Affairs of the House of Representatives;
(5) the Committee on Armed Services of the House of
Representatives; and
(6) the Committee on Appropriations of the House of Representatives.
(b) TAIWAN SECURITY PROGRAMS.—The Secretary of State, in
consultation with the Secretary of Defense, shall use the authorities
under this section to strengthen the United States-Taiwan defense
relationship, and to support the acceleration of the modernization
of Taiwan’s defense capabilities, consistent with the Taiwan Relations Act (Public Law 96–8).
(c) PURPOSE.—In addition to the purposes otherwise authorized
for Foreign Military Financing programs under the Arms Export

H. R. 7776—899
Control Act (22 U.S.C. 2751 et seq.), a purpose of the Foreign
Military Financing Program should be to provide assistance,
including equipment, training, and other support, to build the
civilian and defensive military capabilities of Taiwan—
(1) to accelerate the modernization of capabilities that will
enable Taiwan to delay, degrade, and deny attempts by People’s
Liberation Army forces—
(A) to conduct coercive or grey zone activities;
(B) to blockade Taiwan; or
(C) to secure a lodgment on any islands administered
by Taiwan and expand or otherwise use such lodgment
to seize control of a population center or other key territory
in Taiwan; and
(2) to prevent the People’s Republic of China from decapitating, seizing control of, or otherwise neutralizing or rendering
ineffective Taiwan’s civilian and defense leadership.
(d) REGIONAL CONTINGENCY STOCKPILE.—Of the amounts
authorized to be appropriated pursuant to subsection (h), not more
than $100,000,000 may be used during each of the fiscal years
2023 through 2032 to maintain a stockpile (if established pursuant
to section 5503(b)), in accordance with section 514 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2321h).
(e) AVAILABILITY OF FUNDS.—
(1) ANNUAL SPENDING PLAN.—Not later than March 1, 2023,
and annually thereafter, the Secretary of State, in coordination
with the Secretary of Defense, shall submit a plan to the
appropriate congressional committees describing how amounts
authorized to be appropriated pursuant to subsection (h), if
made available, would be used to achieve the purpose described
in subsection (c).
(2) CERTIFICATION.—
(A) IN GENERAL.—Amounts authorized to be appropriated for each fiscal year pursuant to subsection (h) are
authorized to be made available after the Secretary of
State, in coordination with the Secretary of Defense, certifies not less than annually to the appropriate committees
of Congress that Taiwan has increased its defense spending
relative to Taiwan’s defense spending in its prior fiscal
year, which includes support for an asymmetric strategy,
excepting accounts in Taiwan’s defense budget related to
personnel expenditures, (other than military training and
education and any funding related to the All-Out Defense
Mobilization Agency).
(B) WAIVER.—The Secretary of State may waive the
certification requirement under subparagraph (A) if the
Secretary, in consultation with the Secretary of Defense,
certifies to the appropriate congressional committees that
for any given year—
(i) Taiwan is unable to increase its defense
spending relative to its defense spending in its prior
fiscal year due to severe hardship; and
(ii) making available the amounts authorized
under subparagraph (A) is in the national interests
of the United States.
(3) REMAINING FUNDS.—Amounts authorized to be appropriated for a fiscal year pursuant to subsection (h) that are
not obligated and expended during such fiscal year shall be

H. R. 7776—900
added to the amount that may be used for Foreign Military
Financing to Taiwan in the subsequent fiscal year.
(f) ANNUAL REPORT ON ADVANCING THE DEFENSE OF TAIWAN.—
(1) INITIAL REPORT.—Concurrently with the first certification required under subsection (e)(2), the Secretary of State
and the Secretary of Defense shall jointly submit a report
to the appropriate congressional committees that describes
steps taken to enhance the United States-Taiwan defense relationship and Taiwan’s modernization of its defense capabilities.
(2) MATTERS TO BE INCLUDED.—Each report required under
paragraph (1) shall include—
(A) an assessment of the commitment of Taiwan to
implement a military strategy that will deter and, if necessary, defeat military aggression by the People’s Republic
of China, including the steps that Taiwan has taken and
the steps that Taiwan has not taken towards such
implementation;
(B) an assessment of the efforts of Taiwan to acquire
and employ within its forces counterintervention capabilities, including—
(i) long-range precision fires;
(ii) integrated air and missile defense systems;
(iii) anti-ship cruise missiles;
(iv) land-attack cruise missiles;
(v) coastal defense;
(vi) anti-armor;
(vii) undersea warfare, including manned and
unmanned systems;
(viii) survivable swarming maritime assets;
(ix) manned and unmanned aerial systems;
(x) mining and countermining capabilities;
(xi) intelligence, surveillance, and reconnaissance
capabilities;
(xii) command and control systems;
(xiii) defensive cybersecurity capabilities; and
(xiv) any other defense capabilities that the United
States determines, including jointly with Taiwan, are
crucial to the defense of Taiwan, consistent with the
joint consultative mechanism with Taiwan created
pursuant to section 5506;
(C) an evaluation of the balance between conventional
and counter intervention capabilities in the defense force
of Taiwan as of the date on which the report is submitted;
(D) an assessment of steps taken by Taiwan to enhance
the overall readiness of its defense forces, including—
(i) the extent to which Taiwan is requiring and
providing regular and relevant training to such forces;
(ii) the extent to which such training is realistic
to the security environment that Taiwan faces; and
(iii) the sufficiency of the financial and budgetary
resources Taiwan is putting toward readiness of such
forces;
(E) an assessment of steps taken by Taiwan to ensure
that the Taiwan’s reserve forces and All-Out Defense
Mobilization Agency can recruit, train, equip, and mobilize
its forces;
(F) an evaluation of—

H. R. 7776—901
(i) the severity of manpower shortages in the military of Taiwan, including in the reserve forces;
(ii) the impact of such shortages in the event of
a conflict scenario; and
(iii) the efforts made by Taiwan to address such
shortages;
(G) an assessment of the efforts made by Taiwan to
boost its civilian defenses, including any informational campaigns to raise awareness among the population of Taiwan
of the risks Taiwan faces;
(H) an assessment of the efforts made by Taiwan to
secure its critical infrastructure, including in transportation, telecommunications networks, satellite communications, and energy;
(I) an assessment of the efforts made by Taiwan to
enhance its cybersecurity, including the security and
survivability of official civilian and military networks;
(J) an assessment of the efforts made by Taiwan to
improve the image and prestige of its defense forces among
the population of Taiwan;
(K) an assessment of any significant gaps in any of
the matters described in subparagraphs (A) through (J)
with respect to which the United States assesses that additional action is needed;
(L) a description of cooperative efforts between the
United States and Taiwan on the matters described in
subparagraphs (A) through (K); and
(M) a description of any challenge in Taiwan to—
(i) implement the matters described in subparagraphs (A) through (J); or
(ii) United States support or engagement with
regard to such matters.
(3) SUBSEQUENT REPORTS.—Concurrently with subsequent
certifications required under subsection (e)(2), the Secretary
of State and the Secretary of Defense shall jointly submit
updates to the initial report required under paragraph (1) that
provides a description of changes and developments that
occurred in the prior year.
(4) FORM.—The reports required under paragraphs (1) and
(3) shall be submitted in an unclassified form, but may contain
a classified annex.
(5) SHARING OF SUMMARY.—The Secretary of State and
the Secretary of Defense shall jointly share any unclassified
portions of the reports, pursuant to paragraph (4), with Taiwan,
as appropriate.
(g) FOREIGN MILITARY FINANCING LOAN AND LOAN GUARANTEE
AUTHORITY.—
(1) DIRECT LOANS.—
(A) IN GENERAL.—Notwithstanding section 23(c)(1) of
the Arms Export Control Act (22 U.S.C. 2763), during
fiscal years 2023 through 2027, the Secretary of State
is authorized to make direct loans available for Taiwan
pursuant to section 23 of such Act.
(B) MAXIMUM OBLIGATIONS.—Gross obligations for the
principal amounts of loans authorized under subparagraph
(A) may not exceed $2,000,000,000.
(C) SOURCE OF FUNDS.—

H. R. 7776—902
(i) DEFINED TERM.—In this subparagraph, the term
‘‘cost’’—
(I) has the meaning given such term in section
502(5) of the Congressional Budget Act of 1974
(2 U.S.C. 661a(5));
(II) shall include the cost of modifying a loan
authorized under subparagraph (A); and
(III) may include the costs of selling, reducing,
or cancelling any amounts owed to the United
States or to any agency of the United States.
(ii) IN GENERAL.—Amounts authorized to be appropriated pursuant to subsection (g) may be made available to pay for the cost of loans authorized under
subparagraph (A).
(D) FEES AUTHORIZED.—
(i) IN GENERAL.—The Government of the United
States may charge processing and origination fees for
a loan made pursuant to subparagraph (A), not to
exceed the cost to the Government of making such
loan, which shall be collected from borrowers through
a financing account (as defined in section 502(7) of
the Congressional Budget Act of 1974 (2 U.S.C.
661a(7)).
(ii) LIMITATION ON FEE PAYMENTS.—Amounts made
available under any appropriations Act for any fiscal
year may not be used to pay any fees associated with
a loan authorized under subparagraph (A).
(E) REPAYMENT.—Loans made pursuant to subparagraph (A) shall be repaid not later than 12 years after
the loan is received by the borrower, including a grace
period of not more than 1 year on repayment of principal.
(F) INTEREST.—
(i) IN GENERAL.—Notwithstanding section 23(c)(1)
of the Arms Export Control Act (22 U.S.C. 2763(c)(1)),
interest for loans made pursuant to subparagraph (A)
may be charged at a rate determined by the Secretary
of State, except that such rate may not be less than
the prevailing interest rate on marketable Treasury
securities of similar maturity.
(ii) TREATMENT OF LOAN AMOUNTS USED TO PAY
INTEREST.—Amounts made available under this paragraph for interest costs shall not be considered assistance for the purposes of any statutory limitation on
assistance to a country.
(2) LOAN GUARANTEES.—
(A) IN GENERAL.—Amounts authorized to be appropriated pursuant to subsection (g) may be made available
for the costs of loan guarantees for Taiwan under section
24 of the Arms Export Control Act (22 U.S.C. 2764) for
Taiwan to subsidize gross obligations for the principal
amount of commercial loans and total loan principal, any
part of which may be guaranteed, not to exceed
$2,000,000,000.
(B) MAXIMUM AMOUNTS.—A loan guarantee authorized
under subparagraph (A)—
(i) may not guarantee a loan that exceeds
$2,000,000,000; and

H. R. 7776—903
(ii) may not exceed 80 percent of the loan principal
with respect to any single borrower.
(C) SUBORDINATION.—Any loan guaranteed pursuant
to subparagraph (A) may not be subordinated to—
(i) another debt contracted by the borrower; or
(ii) any other claims against the borrower in the
case of default.
(D) REPAYMENT.—Repayment in United States dollars
of any loan guaranteed under this paragraph shall be
required not later than 12 years after the loan agreement
is signed.
(E) FEES.—Notwithstanding section 24 of the Arms
Export Control Act (22 U.S.C. 2764), the Government of
the United States may charge processing and origination
fees for a loan guarantee authorized under subparagraph
(A), not to exceed the cost to the Government of such
loan guarantee, which shall be collected from borrowers,
or from third parties on behalf of such borrowers, through
a financing account (as defined in section 502(7) of the
Congressional Budget Act of 1974 (2 U.S.C. 661a(7)).
(F) TREATMENTS OF LOAN GUARANTEES.—Amounts
made available under this paragraph for the costs of loan
guarantees authorized under subparagraph (A) shall not
be considered assistance for the purposes of any statutory
limitation on assistance to a country.
(3) NOTIFICATION REQUIREMENT.—Amounts authorized to
be appropriated to carry out this subsection may not be
expended without prior notification of the appropriate committees of Congress.
(h) AUTHORIZATION OF APPROPRIATIONS.—
(1) AUTHORIZATION OF APPROPRIATIONS.—In addition to
amounts otherwise authorized to be appropriated for Foreign
Military Financing, there is authorized to be appropriated to
the Department of State for Taiwan Foreign Military Finance
grant assistance up to $2,000,000,000 for each of the fiscal
years 2023 through 2027.
(2) TRAINING AND EDUCATION.—Of the amounts authorized
to be appropriated under paragraph (1), the Secretary of State
should use not less than $2,000,000 per fiscal year for one
or more blanket order Foreign Military Financing training programs related to the defense needs of Taiwan.
(3) DIRECT COMMERCIAL CONTRACTING.—The Secretary of
State may use amounts authorized to be appropriated under
paragraph (1) for the procurement of defense articles, defense
services, or design and construction services that are not sold
by the United States Government under the Arms Export Control Act (22 U.S.C. 2751 et seq.).
(4) PROCUREMENT IN TAIWAN.—Of the amounts authorized
to be appropriated for Foreign Military Financing and made
available for Taiwan, not more than 15 percent of the amount
made available for each fiscal year may be available for the
procurement by Taiwan in Taiwan of defense articles and
defense services, including research and development, as agreed
by the United States and Taiwan.
(i) SUNSET PROVISION.—Assistance may not be provided under
this section after September 30, 2032.

H. R. 7776—904
SEC. 5503. INCREASE IN ANNUAL REGIONAL CONTINGENCY STOCKPILE
ADDITIONS AND SUPPORT FOR TAIWAN.

(a) IN GENERAL.—Section 514(b)(2)(A) of the Foreign Assistance
Act of 1961 (22 U.S.C. 2321h(b)(2)(A)) is amended by striking
‘‘$200,000,000’’ and all that follows and inserting ‘‘$500,000,000
for any of the fiscal years 2023, 2024, or 2025.’’.
(b) ESTABLISHMENT.—Subject to section 514 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2321h), the President may establish a regional contingency stockpile for Taiwan that consists of
munitions and other appropriate defense articles.
(c) INCLUSION OF TAIWAN AMONG OTHER ALLIES ELIGIBLE FOR
DEFENSE ARTICLES.—Chapter 2 of part II of the Foreign Assistance
Act of 1961 (22 U.S.C. 2311 et seq.) is amended—
(1) in section 514(c)(2) (22 U.S.C. 2321h(c)(2)), by inserting
‘‘Taiwan,’’ after ‘‘Thailand,’’; and
(2) in section 516(c)(2) (22 U.S.C. 2321j(c)(2)), by inserting
‘‘to Taiwan,’’ after ‘‘major non-NATO allies on such southern
and southeastern flank,’’.
(d) ANNUAL BRIEFING.—Not later than 1 year after the date
of enactment of this Act, and annually thereafter for 7 years,
the President shall provide a briefing to the appropriate committees
of Congress regarding the status of a regional contingency stockpile
established under subsection (b).
SEC. 5504. INTERNATIONAL MILITARY EDUCATION AND TRAINING
COOPERATION WITH TAIWAN.

(a) IN GENERAL.—The Secretary of State and the Secretary
of Defense shall establish or expand a comprehensive training program with Taiwan designed to—
(1) enhance interoperability and capabilities for joint operations between the United States and Taiwan;
(2) enhance rapport and deepen partnership between the
militaries of the United States and Taiwan, and foster understanding of the United States among individuals in Taiwan;
(3) improve Taiwan’s defense capabilities; and
(4) train future leaders of Taiwan, promote professional
military education, civilian control of the military, and protection of human rights.
(b) ELEMENTS.—The training program required by subsection
(a) should prioritize relevant and realistic training, including as
necessary joint United States-Taiwan contingency tabletop exercises, war games, full-scale military exercises, and an enduring
rotational United States military presence that assists Taiwan in
maintaining force readiness and utilizing United States defense
articles and services transferred from the United States to Taiwan.
(c) AUTHORIZATION OF PARTICIPATION OF TAIWAN IN THE INTERNATIONAL MILITARY EDUCATION AND TRAINING PROGRAM.—The Secretary of State is authorized to provide training and education
to relevant entities in Taiwan through the International Military
Education and Training program authorized under chapter 5 of
part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2347
et seq).
SEC. 5505. ADDITIONAL AUTHORITIES TO SUPPORT TAIWAN.

(a) DRAWDOWN AUTHORITY.—Section 506(a) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2318(a)) is amended by adding
at the end the following paragraph:

H. R. 7776—905
‘‘(3) In addition to amounts already specified in this section,
the President may direct the drawdown of defense articles from
the stocks of the Department of Defense, defense services of the
Department of Defense, and military education and training, of
an aggregate value of not to exceed $1,000,000,000 per fiscal year,
to be provided to Taiwan.’’.
(b) EMERGENCY AUTHORITY.—Section 552(c) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2348a(c)) is amended by adding
at the end the following: ‘‘In addition to the aggregate value of
$25,000,000 authorized in paragraph (2) of the preceding sentence,
the President may direct the drawdown of commodities and services
from the inventory and resources of any agency of the United
States Government for the purposes of providing necessary and
immediate assistance to Taiwan of a value not to exceed $25,000,000
in any fiscal year.’’.
(c) USE OF SPECIAL DEFENSE ACQUISITION FUND.—The Secretary of Defense, in consultation with the Secretary of State,
shall seek to utilize the Special Defense Acquisition Fund established under chapter 5 of the Arms Export Control Act (22 U.S.C.
2795 et seq.) to expedite the procurement and delivery of defense
articles and defense services for the purpose of assisting and supporting the armed forces of Taiwan.
SEC. 5506. MULTI-YEAR PLAN TO FULFILL DEFENSIVE REQUIREMENTS
OF MILITARY FORCES OF TAIWAN.

(a) MULTI-YEAR PLAN.—Not later than 180 days after the date
of the enactment of this Act, the Secretary of Defense and the
Secretary of State, in consultation with the Director of National
Intelligence, shall engage for the purposes of establishing a joint
consultative mechanism with appropriate officials of Taiwan to
develop and implement a multi-year plan to provide for the acquisition of appropriate defensive capabilities by Taiwan and to engage
with Taiwan in a series of combined training, exercises, and planning activities consistent with the Taiwan Relations Act (Public
Law 96–8; 22 U.S.C. 3301 et seq.).
(b) ELEMENTS.—The plan required by subsection (a) shall
include the following:
(1) An identification of the defensive military capability
gaps and capacity shortfalls of Taiwan that are required to—
(A) allow Taiwan to respond effectively to aggression
by the People’s Liberation Army or other actors from the
People’s Republic of China; and
(B) advance a strategy of denial, reduce the threat
of conflict, thwart an invasion, and mitigate other risks
to the United States and Taiwan.
(2) An assessment of the relative priority assigned by
appropriate departments and agencies of Taiwan to include
its military to address such capability gaps and capacity shortfalls.
(3) An explanation of the annual resources committed by
Taiwan to address such capability gaps and capacity shortfalls.
(4) A description and justification of the relative importance
of overcoming each identified capability gap and capacity shortfall for deterring, delaying, or defeating military aggression
by the People’s Republic of China;
(5) An assessment of—

H. R. 7776—906
(A) the capability gaps and capacity shortfalls that
could be addressed in a sufficient and timely manner by
Taiwan; and
(B) the capability gaps and capacity shortfalls that
are unlikely to be addressed in a sufficient and timely
manner solely by Taiwan.
(6) An assessment of the capability gaps and capacity shortfalls described in paragraph (5)(B) that could be addressed
in a sufficient and timely manner by—
(A) the Foreign Military Financing, Foreign Military
Sales, and Direct Commercial Sales programs of the
Department of State;
(B) Department of Defense security assistance authorized by chapter 16 of title 10, United States Code;
(C) Department of State training and education programs authorized by chapter 5 of part II of the Foreign
Assistance Act of 1961 (22 U.S.C. 2347 et seq.);
(D) section 506 of the Foreign Assistance Act of 1961
(22 U.S.C. 2318);
(E) the provision of excess defense articles pursuant
to the requirements of the Arms Export Control Act (22
U.S.C. 2751 et seq.); or
(F) any other authority available to the Secretary of
Defense or the Secretary of State.
(7) A description of United States or Taiwan engagement
with other countries that could assist in addressing in a sufficient and timely manner the capability gaps and capacity shortfalls identified pursuant to paragraph (1).
(8) An identification of opportunities to build interoperability, combined readiness, joint planning capability, and
shared situational awareness between the United States,
Taiwan, and other foreign partners and allies, as appropriate,
through combined training, exercises, and planning events,
including—
(A) table-top exercises and wargames that allow operational commands to improve joint and combined planning
for contingencies involving a well-equipped adversary in
a counter-intervention campaign;
(B) joint and combined exercises that test the feasibility
of counter-intervention strategies, develop interoperability
across services, and develop the lethality and survivability
of combined forces against a well-equipped adversary;
(C) logistics exercises that test the feasibility of expeditionary logistics in an extended campaign with a wellequipped adversary;
(D) service-to-service exercise programs that build functional mission skills for addressing challenges posed by
a well-equipped adversary in a counter-intervention campaign; and
(E) any other combined training, exercises, or planning
with Taiwan’s military forces that the Secretary of Defense
and Secretary of State consider relevant.
(9) An identification of options for the United States to
use, to the maximum extent practicable, existing authorities
or programs to expedite military assistance to Taiwan in the
event of a crisis or conflict, including—

H. R. 7776—907
(A) a list of defense articles of the United States that
may be transferred to Taiwan during a crisis or conflict;
(B) a list of authorities that may be used to provide
expedited military assistance to Taiwan during a crisis
or conflict;
(C) an assessment of methods that could be used to
deliver such assistance to Taiwan during a crisis or conflict,
including—
(i) the feasibility of employing such methods in
different scenarios; and
(ii) recommendations for improving the ability of
the Armed Forces to deliver such assistance to Taiwan;
and
(D) an assessment of any challenges in providing such
assistance to Taiwan in the event of a crisis or conflict
and recommendations for addressing such challenges.
(c) RECURRENCE.—The joint consultative mechanism required
in subsection (a) shall convene on a recurring basis and not less
than annually.
SEC. 5507. FAST-TRACKING SALES TO TAIWAN UNDER FOREIGN MILITARY SALES PROGRAM.

(a) PRECLEARANCE OF CERTAIN FOREIGN MILITARY SALES
ITEMS.—
(1) IN GENERAL.—Not later than 1 year after the date
of the enactment of this Act, and annually thereafter, the
Secretary of State, in coordination with the Secretary of
Defense, and in conjunction with coordinating entities such
as the National Disclosure Policy Committee, the Arms Transfer
and Technology Release Senior Steering Group, and other
appropriate entities, shall compile a list of available and
emerging military platforms, technologies, and equipment that
are pre-cleared and prioritized for sale and release to Taiwan
through the Foreign Military Sales program.
(2) RULES OF CONSTRUCTION.—
(A) SELECTION OF ITEMS.—The list compiled pursuant
to paragraph (1) shall not be construed as limiting the
type, timing, or quantity of items that may be requested
by, or sold to, Taiwan under the Foreign Military Sales
program.
(B) NOTIFICATIONS REQUIRED.—Nothing in this Act
may be construed to supersede congressional notification
requirements under the Arms Export Control Act (22
U.S.C. 2751 et. seq.).
(b) PRIORITIZED PROCESSING OF FOREIGN MILITARY SALES
REQUESTS FROM TAIWAN.—
(1) REQUIREMENT.—The Secretary of State and the Secretary of Defense shall prioritize and expedite the processing
of requests from Taiwan under the Foreign Military Sales program, and may not delay the processing of requests for bundling
purposes.
(2) DURATION.—The requirement under paragraph (1) shall
continue until the Secretary of State determines and certifies
to the Committee on Foreign Relations of the Senate and the
Committee on Foreign Affairs of the House of Representatives
that the threat to Taiwan has significantly abated.

H. R. 7776—908
(c) INTERAGENCY POLICY.—The Secretary of State and the Secretary of Defense shall jointly review and update interagency policies and implementation guidance related to Foreign Military Sales
requests from Taiwan, including incorporating the preclearance
provisions of this section.
SEC. 5508. ARMS EXPORTS DELIVERY SOLUTIONS FOR TAIWAN AND
UNITED STATES ALLIES IN THE INDO-PACIFIC.

(a) APPROPRIATE COMMITTEES OF CONGRESS DEFINED.—In this
section, the term ‘‘appropriate committees of Congress’’ means—
(1) the Committee on Foreign Relations and the Committee
on Armed Services of the Senate; and
(2) the Committee on Foreign Affairs and the Committee
on Armed Services of the House of Representatives.
(b) REPORT REQUIRED.—Not later than March 1, 2023, and
annually thereafter for a period of 5 years, the Secretary of State,
in coordination with the Secretary of Defense, shall transmit to
the appropriate committees of Congress a report with respect to
the transfer of all defense articles or defense services that have
yet to be completed pursuant to the authorities provided by—
(1) section 3, 21, or 36 of the Arms Export Control Act
(22 U.S.C. 2753, 2761, or 2776); or
(2) section 516(c)(2) of the Foreign Assistance Act of 1961
(22 U.S.C. 2321j(c)(2)).
(c) ELEMENTS.—The report required by subsection (b) shall
include the following elements:
(1) A list of all approved transfers of defense articles and
services authorized by Congress pursuant to sections 25 and
36 of the Arms Export Control Act (22 U.S.C. 2765, 2776)
with a total value of $25,000,000 or more, to Taiwan, Japan,
South Korea, Australia, the Philippines, Thailand, or New Zealand, that have not been fully delivered by the start of the
fiscal year in which the report is being submitted.
(2) The estimated start and end dates of delivery for each
approved and incomplete transfer listed pursuant to paragraph
(1), including additional details and dates for any transfers
that involve multiple tranches of deliveries.
(3) With respect to each approved and incomplete transfer
listed pursuant to paragraph (1), a detailed description of—
(A) any changes in the delivery dates of defense articles
or services relative to the dates anticipated at the time
of congressional approval of the transfer, including specific
reasons for any delays related to the United States Government, defense suppliers, or a foreign partner;
(B) the feasibility and advisability of providing the
partner subject to such delayed delivery with an interim
capability or solution, including drawing from United
States stocks, and the mechanisms under consideration
for doing so as well as any challenges to implementing
such a capability or solution;
(C) authorities, appropriations, or waiver requests that
Congress could provide to improve delivery timelines or
authorize the provision of interim capabilities or solutions
identified pursuant to subparagraph (B); and
(D) a description of which countries are ahead of
Taiwan for delivery of each item listed pursuant to paragraph (1).

H. R. 7776—909
(4) A description of ongoing interagency efforts to support
attainment of operational capability of the corresponding
defense articles and services once delivered, including advance
training with United States or armed forces of partner countries
on the systems to be received. The description of any such
training shall also include an identification of the training
implementer.
(5) If a transfer listed pursuant to paragraph (1) has been
terminated prior to the date of the submission of the report
for any reason—
(A) the case information for such transfer, including
the date of congressional notification, delivery date of the
Letter of Offer and Acceptance (LOA), final signature of
the LOA, and information pertaining to delays in delivering
LOAs for signature;
(B) a description of the reasons for which the transfer
is no longer in effect; and
(C) the impact this termination will have on the
intended end-user and the consequent implications for
regional security, including the impact on deterrence of
military action by countries hostile to the United States,
the military balance in the Taiwan Strait, and other factors.
(6) A separate description of the actions the United States
is taking to expedite and prioritize deliveries of defense articles
and services to Taiwan, including—
(A) a description of what actions the Department of
State and the Department of Defense have taken or are
planning to take to prioritize Taiwan’s Foreign Military
Sales cases;
(B) current procedures or mechanisms for determining
that a Foreign Military Sales case for Taiwan should be
prioritized above a sale to another country of the same
or similar item; and
(C) whether the United States intends to divert defense
articles from United States stocks to provide an interim
capability or solution with respect to any delayed deliveries
to Taiwan and the plan, if applicable, to replenish any
such diverted stocks.
(7) A description of other actions already undertaken by
or currently under consideration by the Department of State
and the Department of Defense to improve delivery timelines
for the transfers listed pursuant to paragraph (1).
(d) FORM.—The report required by subsection (b) shall be submitted in unclassified form but may include a classified annex.
SEC. 5509. ASSESSMENT OF TAIWAN’S NEEDS FOR CIVILIAN DEFENSE
AND RESILIENCE.

(a) ASSESSMENT REQUIRED.—Not later than 120 days after the
date of enactment of this Act, the Secretary of State and the
Secretary of Defense, in coordination with the Director of National
Intelligence, shall submit a written assessment, with a classified
annex, of Taiwan’s needs in the areas of civilian defense and resilience to—
(1) the Committee on Foreign Relations, the Committee
on Armed Services, and Select Committee on Intelligence of
the Senate; and

H. R. 7776—910
(2) the Committee on Foreign Affairs, the Committee on
Armed Services, and the Permanent Select Committee on Intelligence of the House of Representatives.
(b) MATTERS TO BE INCLUDED.—The assessment required under
subsection (a) shall—
(1) analyze the potential role of Taiwan’s public and civilian
assets in defending against various scenarios for foreign militaries to coerce or conduct military aggression against Taiwan;
(2) carefully analyze Taiwan’s needs for enhancing its
defensive capabilities through the support of civilians and
civilian sectors, including—
(A) greater utilization of Taiwan’s high tech labor force;
(B) the creation of clear structures and logistics support
for civilian defense role allocation;
(C) recruitment and skills training for Taiwan’s defense
and civilian sectors; and
(D) other defense needs and considerations at the
provincial, city, and neighborhood levels;
(3) analyze Taiwan’s needs for enhancing resiliency among
its people and in key economic sectors;
(4) identify opportunities for Taiwan to enhance communications at all levels to strengthen trust and understanding
between the military, other government departments, civilian
agencies and the general public, including—
(A) communications infrastructure necessary to ensure
reliable communications in response to a conflict or crisis;
and
(B) a plan to effectively communicate to the general
public in response to a conflict or crisis;
(5) identify the areas and means through which the United
States could provide training, exercises, and assistance at all
levels to support the needs discovered through the assessment
and fill any critical gaps where capacity falls short of such
needs; and
(6) review existing United States Government and nonUnited States Government programmatic and funding modalities that are meant to support Taiwan’s civilian defense professionals in pursuing professional development, educational, and
cultural exchanges in the United States, including—
(A) opportunities through Department of State-supported programs, such as the International Visitor Leaders
Program;
(B) opportunities offered through non-governmental
institutions, such as think tanks, to the extent the review
can practicably make such an assessment;
(C) a description of the frequency that civilian defense
professionals from Taiwan pursue or are selected for the
programs reviewed in subparagraph (A);
(D) an analysis of any funding, policy, administrative,
or other barriers preventing greater participation from Taiwan’s civilian defense professionals in the opportunities
identified in subparagraph (A);
(E) an evaluation of the value expanding the opportunities reviewed in subparagraph (A) would offer for strengthening Taiwan’s existing civilian defense community, and
for increasing the perceived value of the field for young
professionals in Taiwan;

H. R. 7776—911
(F) an assessment of options the United States Government could take individually, with partners in Taiwan,
or with foreign governments or non-governmental partners,
to expand the opportunities reviewed in subparagraph (A);
and
(G) a description of additional resources and authorities
that may be required to execute the options described in
subparagraph (E).
(c) SHARING OF REPORT.—The assessment required by subsection (a) shall be shared with appropriate officials of Taiwan
to facilitate cooperation, as appropriate.
SEC. 5510. ANNUAL REPORT ON TAIWAN DEFENSIVE MILITARY
CAPABILITIES AND INTELLIGENCE SUPPORT.

Section 1248 of the National Defense Authorization Act for
Fiscal Year 2022 (Public Law 117–81; 135 Stat. 1988) is amended
to read as follows:
‘‘SEC. 1248. ANNUAL REPORT ON TAIWAN CAPABILITIES AND INTELLIGENCE SUPPORT.

‘‘(a) IN GENERAL.—Through fiscal year 2027, the Secretary of
State and the Secretary of Defense, in coordination with the Director
of National Intelligence and the heads of other relevant Federal
departments and agencies, shall jointly perform an annual assessment, consistent with the Taiwan Relations Act (Public Law 96–
8; 22 U.S.C. 3302(c)), of security matters related to Taiwan,
including intelligence matters, Taiwan’s defensive military capabilities, and how defensive shortcomings or vulnerabilities of Taiwan
could be mitigated through cooperation, modernization, or integration. At a minimum, the assessment shall include the following:
‘‘(1) An intelligence assessment regarding—
‘‘(A) conventional military and nuclear threats to
Taiwan from the People’s Republic of China, including exercises, patrols, and presence intended to intimidate or coerce
Taiwan; and
‘‘(B) irregular warfare activities, including influence
operations, conducted by the People’s Republic of China
to interfere in or undermine the peace and stability of
the Taiwan Strait.
‘‘(2) The current military capabilities of Taiwan and the
ability of Taiwan to defend itself from external conventional
and irregular military threats across a range of scenarios.
‘‘(3) The interoperability of current and future defensive
capabilities of Taiwan with the military capabilities of the
United States and its allies and partners.
‘‘(4) The plans, tactics, techniques, and procedures underpinning an effective defense strategy for Taiwan, including
how addressing identified capability gaps and capacity shortfalls will improve the effectiveness of such strategy.
‘‘(5) A description of additional personnel, resources, and
authorities in Taiwan or in the United States that may be
required to meet any shortcomings in the development of Taiwan’s military capabilities identified pursuant to this section.
‘‘(6) With respect to materiel capabilities and capacities
the Secretary of Defense and Secretary of State jointly assess
to be most effective in deterring, defeating, or delaying military
aggression by the People’s Republic of China, a prioritized

H. R. 7776—912
list of capability gaps and capacity shortfalls of the military
forces of Taiwan, including—
‘‘(A) an identification of—
‘‘(i) any United States, Taiwan, or ally or partner
country defense production timeline challenge related
to potential materiel and solutions to such capability
gaps;
‘‘(ii) the associated investment costs of enabling
expanded production for items currently at maximum
production;
‘‘(iii) the associated investment costs of, or mitigation strategies for, enabling export for items currently
not exportable; and
‘‘(iv) existing stocks of such capabilities in the
United States and ally and partner countries;
‘‘(B) the feasibility and advisability of procuring solutions to such gaps and shortfalls through United States
allies and partners, including through co-development or
co-production;
‘‘(C) the feasibility and advisability of assisting Taiwan
in the domestic production of solutions to capability gaps,
including through—
‘‘(i) the transfer of intellectual property; and
‘‘(ii) co-development or co-production arrangements;
‘‘(D) the estimated costs, expressed in a range of
options, of procuring sufficient capabilities and capacities
to address such gaps and shortfalls;
‘‘(E) an assessment of the relative priority assigned
by appropriate officials of Taiwan to each such gap and
shortfall; and
‘‘(F) a detailed explanation of the extent to which
Taiwan is prioritizing the development, production, or
fielding of solutions to such gaps and shortfalls within
its overall defense budget.
‘‘(7) The applicability of Department of State and Department of Defense authorities for improving the defensive military
capabilities of Taiwan in a manner consistent with the Taiwan
Relations Act.
‘‘(8) A description of any security assistance provided or
Foreign Military Sales and Direct Commercial Sales activity
with Taiwan over the past year.
‘‘(9) A description of each engagement between the United
States and Taiwan personnel related to planning over the past
year.
‘‘(10) With respect to each to training and exercises—
‘‘(A) a description of each such instance over the past
year;
‘‘(B) a description of how each such instance—
‘‘(i) sought to achieve greater interoperability,
improved readiness, joint planning capability, and
shared situational awareness between the United
States and Taiwan, or among the United States,
Taiwan, and other countries;
‘‘(ii) familiarized the militaries of the United States
and Taiwan with each other; and
‘‘(iii) improved Taiwan’s defense capabilities.

H. R. 7776—913
‘‘(11) A description of the areas and means through which
the United States is assisting and supporting training, exercises, and assistance to support Taiwan’s requirements related
to civilian defense and resilience, and how the United States
is seeking to assist Taiwan in addressing any critical gaps
where capacity falls short of meeting such requirements,
including those elements identified in the assessment required
by section 5502(f) of the James M. Inhofe National Defense
Authorization Act for Fiscal Year 2023.
‘‘(12) An assessment of the implications of current levels
of pre-positioned war reserve materiel on the ability of the
United States to respond to a crisis or conflict involving Taiwan
with respect to—
‘‘(A) providing military or non-military aid to Taiwan;
and
‘‘(B) sustaining military installations and other infrastructure of the United States in the Indo-Pacific region.
‘‘(13) An assessment of the current intelligence, surveillance, and reconnaissance capabilities of Taiwan, including any
existing gaps in such capabilities and investments in such
capabilities by Taiwan since the preceding report.
‘‘(14) A summary of changes to pre-positioned war reserve
materiel of the United States in the Indo-Pacific region since
the preceding report.
‘‘(15) Any other matters the Secretary of Defense or the
Secretary of State considers appropriate.
‘‘(b) PLAN.—The Secretary of Defense and the Secretary of
State shall jointly develop a plan for assisting Taiwan in improving
its defensive military capabilities and addressing vulnerabilities
identified pursuant to subsection (a) that includes—
‘‘(1) recommendations, if any, for new Department of State
or Department of Defense authorities, or modifications to
existing Department of State or Department of Defense authorities, necessary to improve the defensive military capabilities
of Taiwan in a manner consistent with the Taiwan Relations
Act (Public Law 96–8; 22 U.S.C. 3301 et seq.);
‘‘(2) an identification of opportunities for key leader and
subject matter expert engagement between Department personnel and military and civilian counterparts in Taiwan; and
‘‘(3) an identification of challenges and opportunities for
leveraging authorities, resources, and capabilities outside the
Department of Defense and the Department of State to improve
the defensive capabilities of Taiwan in accordance with the
Taiwan Relations Act.
‘‘(c) REPORT.—Not later than 180 days after the date of the
enactment of this Act, and annually thereafter through fiscal year
2027, the Secretary of State and the Secretary of Defense, in consultation with the Director of National Intelligence, shall jointly
submit to the appropriate committees of Congress—
‘‘(1) a report on the results of the assessment required
by subsection (a);
‘‘(2) the plan required by subsection (b); and
‘‘(3) a report on—
‘‘(A) the status of efforts to develop and implement
the joint multi-year plan required under section 5506 of
the James M. Inhofe National Defense Authorization Act

H. R. 7776—914
for Fiscal Year 2023 to provide for the acquisition of appropriate defensive military capabilities by Taiwan and to
engage with Taiwan in a series of combined training and
planning activities consistent with the Taiwan Relations
Act (Public Law 96–8; 22 U.S.C. 3301 et seq.); and
‘‘(B) any other matters the Secretary of State and
the Secretary of Defense consider necessary.
‘‘(d) FORM.—The reports required by subsection (c) shall be
submitted in unclassified form, but may include a classified annex.
‘‘(e) APPROPRIATE COMMITTEES OF CONGRESS DEFINED.—For
purposes of this section, the term ‘appropriate committees of Congress’ means—
‘‘(1) the Committee on Armed Services, the Committee on
Foreign Relations, and the Select Committee on Intelligence
of the Senate; and
‘‘(2) the Committee on Armed Services, the Committee on
Foreign Affairs, and the Permanent Select Committee on Intelligence of the House of Representatives.’’.
SEC. 5511. FINDINGS AND STATEMENT OF POLICY.

(a) FINDINGS.—Congress finds the following:
(1) Advancing peace and stability in the Indo-Pacific has
been a central element of United States foreign policy toward
the region.
(2) The Government of the People’s Republic of China
(PRC), especially since the election of Tsai Ing-Wen in 2016,
has conducted a coordinated campaign to weaken Taiwan diplomatically, economically, and militarily in a manner that
threatens to erode United States policy and create a fait
accompli on questions surrounding Taiwan’s future.
(3) To secure United States interests and preserve the
ability of the people of Taiwan to determine their own future,
it is necessary to reinforce Taiwan’s diplomatic, economic, and
territorial space.
(b) STATEMENT OF POLICY.—It is the policy of the United States
to—
(1) maintain the position that peace and stability in the
Western Pacific are in the political, security, and economic
interests of the United States, and are matters of international
concern; and
(2) work with allies and partners to promote peace and
stability in the Indo-Pacific and deter military acts or other
forms of coercive behavior that would undermine regional stability.
SEC. 5512. SENSE OF CONGRESS ON TAIWAN DEFENSE RELATIONS.

It is the sense of Congress that—
(1) the Taiwan Relations Act (Public Law 96–8; 22 U.S.C.
et seq.) and the Six Assurances provided by the United States
to Taiwan in July 1982 are the foundation for United StatesTaiwan relations;
(2) as set forth in the Taiwan Relations Act, the United
States decision to establish diplomatic relations with the People’s Republic of China rests upon the expectation that the
future of Taiwan will be determined by peaceful means, and
that any effort to determine the future of Taiwan by other
than peaceful means, including boycotts and embargoes, is of
grave concern to the United States;

H. R. 7776—915
(3) the increasingly coercive and aggressive behavior of
the People’s Republic of China toward Taiwan is contrary to
the expectation of the peaceful resolution of the future of
Taiwan;
(4) as set forth in the Taiwan Relations Act, the capacity
to resist any resort to force or other forms of coercion that
would jeopardize the security, or the social or economic system,
of the people on Taiwan should be maintained;
(5) the United States should continue to support the
development of capable, ready, and modern defense forces necessary for Taiwan to maintain sufficient defensive capabilities,
including by—
(A) supporting acquisition by Taiwan of defense articles
and services through foreign military sales, direct commercial sales, and industrial cooperation, with an emphasis
on capabilities that support an asymmetric strategy;
(B) ensuring timely review of and response to requests
of Taiwan for defense articles and services;
(C) conducting practical training and military exercises
with Taiwan that enable Taiwan to maintain sufficient
defensive capabilities, as described in the Taiwan Relations
Act;
(D) exchanges between defense officials and officers
of the United States and Taiwan at the strategic, policy,
and functional levels, consistent with the Taiwan Travel
Act (Public Law 115–135; 132 Stat. 341), especially for
the purposes of—
(i) enhancing cooperation on defense planning;
(ii) improving the interoperability of the military
forces of the United States and Taiwan; and
(iii) improving the reserve force of Taiwan;
(E) cooperating with Taiwan to improve its ability to
employ military capabilities in asymmetric ways, as
described in the Taiwan Relations Act; and
(F) expanding cooperation in humanitarian assistance
and disaster relief; and
(6) the United States should increase its support to a
free and open society in the face of aggressive efforts by the
Government of the People’s Republic of China to curtail or
influence the free exercise of rights and democratic franchise.

PART 2—COUNTERING PEOPLE’S REPUBLIC
OF CHINA’S COERCION AND INFLUENCE
CAMPAIGNS
SEC. 5513. STRATEGY TO RESPOND TO INFLUENCE AND INFORMATION
OPERATIONS TARGETING TAIWAN.

(a) IN GENERAL.—Not later than 180 days after the date of
the enactment of this Act and annually thereafter for the following
5 years, the Secretary of State, in coordination with the Director
of National Intelligence, shall develop and implement a strategy
to respond to—
(1) covert, coercive, and corrupting activities carried out
to advance the Chinese Communist Party’s ‘‘United Front’’ work
related to Taiwan, including activities directed, coordinated,

H. R. 7776—916
or otherwise supported by the United Front Work Department
or its subordinate or affiliated entities; and
(2) information and disinformation campaigns, cyber
attacks, and nontraditional propaganda measures supported
by the Government of the People’s Republic of China and the
Chinese Communist Party that are directed toward persons
or entities in Taiwan.
(b) ELEMENTS.—The strategy required under subsection (a)
shall include descriptions of—
(1) the proposed response to propaganda and disinformation
campaigns by the People’s Republic of China and cyber-intrusions targeting Taiwan, including—
(A) assistance in building the capacity of Taiwan’s
public and private-sector entities to document and expose
propaganda and disinformation supported by the Government of the People’s Republic of China, the Chinese Communist Party, or affiliated entities;
(B) assistance to enhance Taiwan’s ability to develop
a holistic strategy to respond to sharp power operations,
including election interference; and
(C) media training for Taiwan officials and other
Taiwan entities targeted by disinformation campaigns;
(2) the proposed response to political influence operations
that includes an assessment of the extent of influence exerted
by the Government of the People’s Republic of China and the
Chinese Communist Party in Taiwan on local political parties,
financial institutions, media organizations, and other entities;
(3) support for exchanges and other technical assistance
to strengthen the Taiwan legal system’s ability to respond
to sharp power operations; and
(4) programs carried out by the Global Engagement Center
to expose misinformation and disinformation in the Chinese
Communist Party’s propaganda.
SEC. 5514. TASK FORCE TO COUNTER ECONOMIC COERCION BY THE
PEOPLE’S REPUBLIC OF CHINA.

(a) SENSE OF CONGRESS.—It is the sense of Congress that—
(1) the People’s Republic of China’s (PRC) increasing use
of economic coercion against foreign governments, companies,
organizations, other entities, and individuals requires that the
United States devise a comprehensive, effective, and multilateral response;
(2) the private sector is a crucial partner in helping the
United States Government respond to the PRC’s coercive economic practices and hold the PRC accountable;
(3) improved engagement and communication with the private sector, including receiving information from the United
States private sector about the PRC’s coercive economic practices would help the United States Government and private
sector stakeholders conduct early assessments of potential pressure points and vulnerabilities; and
(4) PRC coercive economic practices create pressures for
the private sector to behave in ways antithetical to United
States national interests and competitiveness.
(b) ESTABLISHMENT OF TASK FORCE.—Not later than 180 days
after the date of the enactment of this Act, the President shall
establish an interagency task force to be known as the ‘‘Countering

H. R. 7776—917
Economic Coercion Task Force’’ (referred to in this section as the
‘‘Task Force’’).
(c) DUTIES.—
(1) IN GENERAL.—The Task Force shall—
(A) oversee the development and implementation of
an integrated United States Government strategy to
respond to People’s Republic of China (PRC) coercive economic practices, which shall include—
(i) systematically monitoring and evaluating—
(I) the costs of such practices on United States
businesses and overall United States economic
performance;
(II) instances in which such practices taken
against a non-PRC entity has benefitted other parties; and
(III) the impacts such practices have had on
United States national interests; and
(ii) facilitating coordination among Federal departments and agencies when responding to such practices
as well as proactively deterring such economic coercion,
including by clarifying the roles for Federal departments and agencies identified in subsection (d) in
implementing the strategy; and
(iii) forming policy recommendations for the
implementation of relevant United States authorities
to respond to instances of PRC coercive economic practices;
(B) consult with United States allies and partners on
the feasibility and desirability of collectively identifying,
assessing, and responding to PRC coercive economic practices, as well as actions that could be taken to expand
coordination with the goal of ensuring a consistent,
coherent, and collective response to such practices and
establishing long-term deterrence of such practices;
(C) effectively engage the United States private sector,
particularly sectors, groups, or other entities that are
susceptible to such PRC coercive economic practices, on
concerns related to such practices; and
(D) develop and implement a process for regularly
sharing relevant information, including classified information to the extent appropriate and practicable, on such
PRC coercive economic practices with United States allies,
partners, and the private sector.
(2) CONSULTATION.—In carrying out its duties under this
subsection, the Task Force should regularly consult, to the
extent necessary and appropriate, with the following:
(A) Relevant stakeholders in the private sector.
(B) Federal departments and agencies that are not
represented on the Task Force.
(C) United States allies and partners.
(d) MEMBERSHIP.—The President shall—
(1) appoint the chair of the Task Force from among the
staff of the National Security Council;
(2) appoint the vice chair of the Task Force from among
the staff of the National Economic Council; and
(3) determine the Federal departments and agencies that
will serve on the task force, and direct the head of those

H. R. 7776—918
agencies to appoint personnel at the level of Assistant Secretary
or above to participate in the Task Force.
(e) REPORTS.—
(1) INITIAL REPORT.—Not later than 1 year after the date
of the enactment of this Act, the Task Force shall submit
to Congress a report that includes the following elements:
(A) A comprehensive review of the array of economic
tools the Government of the People’s Republic of China
(PRC) employs or could employ in the future to coerce
other governments and non-PRC companies (including
United States companies) including the Government of the
PRC’s continued efforts to codify informal practices into
its domestic law.
(B) The strategy required by subsection (c)(1)(A).
(C) An interagency definition of PRC coercive economic
practices that captures both—
(i) the use of informal or extralegal PRC coercive
economic practices; and
(ii) the inappropriate use of economic tools,
including those authorized under the laws and regulations of the PRC.
(D) A comprehensive review of the array of tools the
United States Government employs or could employ to
respond to economic coercion against the government,
companies, and other entities of the United States or its
allies and partners.
(E) A list of unilateral or multilateral—
(i) preemptive practices to defend or deter against
PRC coercive economic practices; and
(ii) actions taken in response to the Government
of the PRC’s general use of coercive economic practices,
including the imposition of costs on the PRC.
(F) An assessment of United States allies and partners
key vulnerabilities to PRC coercive economic practices.
(G) A description of gaps in existing resources or
capabilities for United States Government departments and
agencies to respond effectively to PRC coercive economic
practices directed at United States entities and assist
United States allies and partners in their responses to
PRC coercive economic practices.
(H) An analysis of the circumstances under which the
PRC employs different types of economic coercion and
against what kinds of targets.
(I) An assessment of United States and international
rules and norms as well as any treaty obligations the
PRC has stretched, circumvented, or broken through its
economically coercive practices and the United States
response in each instance.
(2) INTERIM REPORTS.—
(A) FIRST INTERIM REPORT.—Not later than 1 year after
the date on which the report required by paragraph (1)
is submitted to Congress, the Task Force shall submit
to Congress a report that includes the following elements:
(i) Updates to information required by subparagraphs (A) through (G) of paragraph (1).

H. R. 7776—919
(ii) A description of activities conducted by the
Task Force to implement the strategy required by subsection (c)(1)(A).
(iii) An assessment of the implementation and
effectiveness of the strategy, lessons learned from the
past year and planned changes to the strategy.
(B) SECOND INTERIM REPORT.—Not later than 1 year
after the date on which the report required by subparagraph (A) is submitted to Congress, the Task Force shall
submit to the appropriate congressional committees a
report that includes an update to the elements required
under the report required by subparagraph (A).
(3) FINAL REPORT.—Not later than 30 days after the date
on which the report required by paragraph (2)(B) is submitted
to Congress, the Task Force shall submit to Congress a final
report that includes the following elements:
(A) An analysis of PRC coercive economic practices
and the cost of such coercive practices to United States
businesses.
(B) A description of areas of possible vulnerability for
United States businesses and businesses of United States
partners and allies.
(C) Recommendations on how to continue the effort
to counter PRC coercive economic practices, including
through further coordination with United States allies and
partners.
(D) Illustrative examples.
(4) FORM.—The reports required by this subsection shall
be submitted in classified form, but may include an unclassified
summary.
(f) SUNSET.—
(1) IN GENERAL.—The Task Force shall terminate at the
end of the 60-day period beginning on the date on which the
final report required by subsection (e)(3) is submitted to Congress.
(2) ADDITIONAL ACTIONS.—The Task force may use the 60day period referred to in paragraph (1) for the purposes of
concluding its activities, including providing testimony to Congress concerning the final report required by subsection (e)(3).
(g) ASSISTANCE FOR COUNTRIES AND ENTITIES TARGETED BY
THE PEOPLE’S REPUBLIC OF CHINA FOR ECONOMIC COERCION.—The
Secretary of State, the Administrator of the United States Agency
for International Development, the United States International
Development Finance Corporation, the Secretary of Commerce, and
the Secretary of the Treasury shall provide appropriate assistance
to countries and entities that are subject to coercive economic
practices by the People’s Republic of China.
SEC. 5515. CHINA CENSORSHIP MONITOR AND ACTION GROUP.

(a) DEFINITIONS.—In this section:
(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term
‘‘appropriate congressional committees’’ means—
(A) the Committee on Foreign Relations, the Committee on Appropriations, and the Select Committee on
Intelligence of the Senate; and

H. R. 7776—920
(B) the Committee on Foreign Affairs, the Committee
on Appropriations, and the Permanent Select Committee
on Intelligence of the House of Representatives.
(2) QUALIFIED RESEARCH ENTITY.—The term ‘‘qualified
research entity’’ means an entity that—
(A) is a nonpartisan research organization or a Federally funded research and development center;
(B) has appropriate expertise and analytical capability
to write the report required under subsection (c); and
(C) is free from any financial, commercial, or other
entanglements, which could undermine the independence
of such report or create a conflict of interest or the appearance of a conflict of interest, with—
(i) the Government of the People’s Republic of
China;
(ii) the Chinese Communist Party;
(iii) any company incorporated in the People’s
Republic of China or a subsidiary of such company;
or
(iv) any company or entity incorporated outside
of the People’s Republic of China that is believed to
have a substantial financial or commercial interest
in the People’s Republic of China.
(3) UNITED STATES PERSON.—The term ‘‘United States person’’ means—
(A) a United States citizen or an alien lawfully
admitted for permanent residence to the United States;
or
(B) an entity organized under the laws of the United
States or any jurisdiction within the United States,
including a foreign branch of such an entity.
(b) CHINA CENSORSHIP MONITOR AND ACTION GROUP.—
(1) IN GENERAL.—The President shall establish an interagency task force, which shall be known as the ‘‘China Censorship Monitor and Action Group’’ (referred to in this subsection
as the ‘‘Task Force’’).
(2) MEMBERSHIP.—The President shall take the following
actions with respect to the membership of, and participation
in, the Task Force:
(A) Appoint the chair of the Task Force from among
the staff of the National Security Council.
(B) Appoint the vice chair of the Task Force from
among the staff of the National Economic Council.
(C) Determine the Federal departments and agencies
that will serve on the Task Force, and direct the head
of those agencies to appoint personnel at the level of Assistant Secretary or above to participate in the Task Force.
(3) RESPONSIBILITIES.—The Task Force shall—
(A) oversee the development and execution of an
integrated Federal Government strategy to monitor and
address the impacts of efforts directed, or directly supported, by the Government of the People’s Republic of
China to censor or intimidate, in the United States or
in any of its possessions or territories, any United States
person, including United States companies that conduct
business in the People’s Republic of China, which are exercising their right to freedom of speech; and

H. R. 7776—921
(B) submit the strategy developed pursuant to subparagraph (A) to the appropriate congressional committees not
later than 120 days after the date of the enactment of
this Act.
(4) MEETINGS.—The Task Force shall meet not less frequently than twice per year.
(5) CONSULTATIONS.—The Task Force should regularly consult, to the extent necessary and appropriate, with—
(A) Federal agencies that are not represented on the
Task Force;
(B) independent agencies of the United States Government that are not represented on the Task Force;
(C) relevant stakeholders in the private sector and
the media; and
(D) relevant stakeholders among United States allies
and partners facing similar challenges related to censorship
or intimidation by the Government of the People’s Republic
of China.
(6) REPORTING REQUIREMENTS.—
(A) ANNUAL REPORT.—The Task Force shall submit
an annual report to the appropriate congressional committees that describes, with respect to the reporting period—
(i) the strategic objectives and policies pursued
by the Task Force to address the challenges of censorship and intimidation of United States persons while
in the United States or any of its possessions or territories, which is directed or directly supported by the
Government of the People’s Republic of China;
(ii) the activities conducted by the Task Force in
support of the strategic objectives and policies referred
to in clause (i); and
(iii) the results of the activities referred to in clause
(ii) and the impact of such activities on the national
interests of the United States.
(B) FORM OF REPORT.—Each report submitted pursuant
to subparagraph (A) shall be unclassified, but may include
a classified annex.
(C) CONGRESSIONAL BRIEFINGS.—Not later than 90
days after the date of the enactment of this Act, and
annually thereafter, the Task Force shall provide briefings
to the appropriate congressional committees regarding the
activities of the Task Force to execute the strategy developed pursuant to paragraph (3)(A).
(c) REPORT ON CENSORSHIP AND INTIMIDATION OF UNITED
STATES PERSONS BY THE GOVERNMENT OF THE PEOPLE’S REPUBLIC
OF CHINA.—
(1) REPORT.—
(A) IN GENERAL.—Not later than 90 days after the
date of the enactment of this Act, the Secretary of State
shall select and seek to enter into an agreement with
a qualified research entity that is independent of the
Department of State to write a report on censorship and
intimidation in the United States and its possessions and
territories of United States persons, including United
States companies that conduct business in the People’s
Republic of China, which is directed or directly supported
by the Government of the People’s Republic of China.

H. R. 7776—922
(B) MATTERS TO BE INCLUDED.—The report required
under subparagraph (A) shall—
(i) assess major trends, patterns, and methods of
the Government of the People’s Republic of China’s
efforts to direct or directly support censorship and
intimidation of United States persons, including United
States companies that conduct business in the People’s
Republic of China, which are exercising their right
to freedom of speech;
(ii) assess, including through the use of illustrative
examples, as appropriate, the impact on and consequences for United States persons, including United
States companies that conduct business in the People’s
Republic of China, that criticize—
(I) the Chinese Communist Party;
(II) the Government of the People’s Republic
of China;
(III) the authoritarian model of government
of the People’s Republic of China; or
(IV) a particular policy advanced by the Chinese Communist Party or the Government of the
People’s Republic of China;
(iii) identify the implications for the United States
of the matters described in clauses (i) and (ii);
(iv) assess the methods and evaluate the efficacy
of the efforts by the Government of the People’s
Republic of China to limit freedom of expression in
the private sector, including media, social media, film,
education, travel, financial services, sports and entertainment, technology, telecommunication, and internet
infrastructure interests;
(v) include policy recommendations for the United
States Government, including recommendations
regarding collaboration with United States allies and
partners, to address censorship and intimidation by
the Government of the People’s Republic of China;
and
(vi) include policy recommendations for United
States persons, including United States companies that
conduct business in China, to address censorship and
intimidation by the Government of the People’s
Republic of China.
(C) APPLICABILITY TO UNITED STATES ALLIES AND PARTNERS.—To the extent practicable, the report required under
subparagraph (A) should identify implications and policy
recommendations that are relevant to United States allies
and partners facing censorship and intimidation directed
or directly supported by the Government of the People’s
Republic of China.
(2) SUBMISSION OF REPORT.—
(A) IN GENERAL.—Not later than 1 year after the date
of the enactment of this Act, the Secretary of State shall
submit the report written by the qualified research entity
selected pursuant to paragraph (1)(A) to the appropriate
congressional committees.

H. R. 7776—923
(B) PUBLICATION.—The report referred to in subparagraph (A) shall be made accessible to the public online
through relevant United States Government websites.
(d) SUNSET.—This section shall terminate on the date that
is 5 years after the date of enactment of this Act.

PART 3—INCLUSION OF TAIWAN IN
INTERNATIONAL ORGANIZATIONS
SEC. 5516. FINDINGS.

Congress makes the following findings:
(1) Since 2016, the Gambia, Sao Tome and Principe,
Panama, the Dominican Republic, Burkina Faso, El Salvador,
the Solomon Islands, and Kiribati have severed diplomatic relations with Taiwan in favor of diplomatic relations with China.
(2) Taiwan was invited to participate in the World Health
Assembly (WHA), the decision-making body of the World Health
Organization (WHO), as an observer annually between 2009
and 2016. Since the 2016 election of President Tsai, the PRC
has increasingly resisted Taiwan’s participation in the WHA.
Taiwan was not invited to attend the WHA in 2017, 2018,
2019, 2020, or 2021.
(3) The Taipei Flight Information Region reportedly served
1,750,000 flights and 68,900,000 passengers in 2018, and is
home to Taiwan Taoyuan International Airport, the eleventh
busiest airport in the world. Taiwan has been excluded from
participating at the International Civil Aviation Organization
(ICAO) since 2013.
(4) United Nations (UN) General Assembly Resolution 2758
does not address the issue of representation of Taiwan and
its people at the United Nations, nor does it give the PRC
the right to represent the people of Taiwan.
SEC. 5517. SENSE OF CONGRESS ON TAIWAN’S MEANINGFUL PARTICIPATION IN THE INTERNATIONAL COMMUNITY.

It is the sense of Congress that—
(1) Taiwan is an important contributor to the global
community, as a model for democracy, and by providing expertise in global health, international aviation security, emerging
technology development, and high environmental standards;
(2) multiple United States Government administrations of
both political parties have taken important steps to advance
Taiwan’s meaningful participation in international organizations;
(3) existing efforts to enhance United States cooperation
with Taiwan to provide global public goods, including through
development assistance, humanitarian assistance, and disaster
relief, in trilateral and multilateral fora are laudable and should
continue;
(4) nonetheless, significant structural, policy, and legal barriers remain to advancing Taiwan’s meaningful participation
in the international community; and
(5) efforts to share Taiwan’s expertise with other parts
of the global community could be further enhanced through
a systematic approach, along with greater attention from Congress and the American public to such efforts.

H. R. 7776—924
SEC. 5518. STRATEGY TO SUPPORT TAIWAN’S MEANINGFUL PARTICIPATION IN INTERNATIONAL ORGANIZATIONS.

(a) IN GENERAL.—Not later than 180 days after the date of
the enactment of this Act, the Secretary of State, in consultation
with other Federal departments and agencies as appropriate, shall
submit to the appropriate congressional committees a strategy—
(1) to advance Taiwan’’s meaningful participation in a
prioritized set of international organizations (IOs); and
(2) that responds to growing pressure from the PRC on
foreign governments, IOs, commercial actors, and civil society
organizations to comply with its ‘‘One-China Principle’’, with
respect to Taiwan.
(b) MATTERS TO BE INCLUDED.—The strategy required under
subsection (a) should include the following elements:
(1) An assessment of the methods the PRC uses to coerce
actors to into adhering to its ‘‘One-China Principle.’’ The
methods should include those employed against governments,
IOs, and civil society organizations. The assessment should
also include pressure on commercial actors, to the extent it
is relevant in the context of Taiwan’s meaningful participation
in IOs.
(2) An assessment of the policies of foreign governments
toward the PRC and Taiwan, to identify likeminded allies and
partners who might become public or private partners in the
strategy.
(3) A systematic analysis of all IOs, as practicable, to
identify IOs that best lend themselves to advancing Taiwan’s
participation.
(4) A plan to expand economic, security, and diplomatic
engagement with nations that have demonstrably strengthened,
enhanced, or upgraded relations with Taiwan, in accordance
with United States interests.
(5) A survey of IOs that have allowed Taiwan’s meaningful
participation, including an assessment of whether any erosion
in Taiwan’s engagement has occurred within those organizations and how Taiwan’s participation has positively strengthened the capacity and activity of these organizations, thereby
providing positive models for Taiwan’s inclusion in other similar
forums.
(6) A list of no more than 20 IOs at which the United
States Government will prioritize for using its voice, vote, and
influence to advance Taiwan’s meaningful participation over
the three-year period following the date of enactment of this
Act. The list should be derived from the IOs identified in
paragraph (3).
(7) A description of the diplomatic strategies and the coalitions the United States Government plans to develop to implement paragraph (6).
(c) FORM OF REPORT.—The strategy required in subsection (a)
shall be classified, but it may include an unclassified summary.
(d) SUPPORT FOR MEANINGFUL PARTICIPATION.—The Permanent
Representative of the United States to the United Nations and
other relevant United States officials shall actively support Taiwan’s
meaningful participation in all appropriate international organizations.

H. R. 7776—925
SEC. 5519. MEANINGFUL PARTICIPATION OF TAIWAN IN THE INTERNATIONAL CIVIL AVIATION ORGANIZATION.

(a) SENSE OF CONGRESS.—It is the sense of Congress that—
(1) the International Civil Aviation Organization (ICAO)
should allow Taiwan to meaningfully participate in the
organization, including in ICAO triennial assembly sessions,
conferences, technical working groups, meetings, activities, and
mechanisms;
(2) Taiwan is a global leader and hub for international
aviation, with a range of expertise, information, and resources
and the fifth busiest airport in Asia (Taoyuan International
Airport), and its meaningful participation in ICAO would
significantly enhance the ability of ICAO to ensure the safety
and security of global aviation; and
(3) coercion by the Chinese Communist Party and the People’s Republic of China has ensured the systematic exclusion
of Taiwan from meaningful participation in ICAO, significantly
undermining the ability of ICAO to ensure the safety and
security of global aviation.
(b) PLAN FOR TAIWAN’S MEANINGFUL PARTICIPATION IN THE
INTERNATIONAL CIVIL AVIATION ORGANIZATION.—The Secretary of
State, in coordination with the Secretary of Commerce and the
Secretary of Transportation, is authorized—
(1) to initiate a United States plan to secure Taiwan’s
meaningful participation in ICAO, including in ICAO triennial
assembly sessions, conferences, technical working groups,
meetings, activities, and mechanisms; and
(2) to instruct the United States representative to the ICAO
to—
(A) use the voice and vote of the United States to
ensure Taiwan’s meaningful participation in ICAO,
including in ICAO triennial assembly sessions, conferences,
technical working groups, meetings, activities, and mechanisms; and
(B) seek to secure a vote at the next ICAO triennial
assembly session on the question of Taiwan’s participation
in that session.
(c) REPORT CONCERNING TAIWAN’S MEANINGFUL PARTICIPATION
IN THE INTERNATIONAL CIVIL AVIATION ORGANIZATION.—Not later
than 90 days after the date of the enactment of this Act, and
not later than April 1 of each year thereafter for the following
6 years, the Secretary of State, in coordination with the Secretary
of Commerce, shall submit to the Committee on Foreign Relations
and the Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Foreign Affairs, the Committee
on Transportation and Infrastructure, and the Committee on Energy
and Commerce of the House of Representatives an unclassified
report that—
(1) describes the United States plan to ensure Taiwan’s
meaningful participation in ICAO, including in ICAO triennial
assembly sessions, conferences, technical working groups,
meetings, activities, and mechanisms;
(2) includes an account of the efforts made by the Secretary
of State and the Secretary of Commerce to ensure Taiwan’s
meaningful participation in ICAO, including in ICAO triennial
assembly sessions, conferences, technical working groups,
meetings, activities, and mechanisms; and

H. R. 7776—926
(3) identifies the steps the Secretary of State and the
Secretary of Commerce will take in the next year to ensure
Taiwan’s meaningful participation in ICAO, including in ICAO
triennial assembly sessions, conferences, technical working
groups, meetings, activities, and mechanisms.

PART 4—MISCELLANEOUS PROVISIONS
SEC. 5520. REPORT ON TAIWAN TRAVEL ACT.

(a) APPROPRIATE COMMITTEES OF CONGRESS DEFINED.—In this
section, the term ‘‘appropriate committees of Congress’’ means—
(1) the Committee on Foreign Relations of the Senate;
(2) the Committee on Armed Services of the Senate;
(3) the Committee on Appropriations of the Senate;
(4) the Committee on Foreign Affairs of the House of Representatives;
(5) the Committee on Armed Services of the House of
Representatives; and
(6) the Committee on Appropriations of the House of Representatives.
(b) LIST OF HIGH-LEVEL VISITS.—Not later than 180 days after
the date of the enactment of this Act, and annually thereafter
for 5 years, the Secretary of State, in accordance with the Taiwan
Travel Act (Public Law 115–135), shall submit to the appropriate
committees of Congress—
(1) a list of high-level officials from the United States
Government who have traveled to Taiwan on or after the date
of the enactment of the Taiwan Travel Act; and
(2) a list of high-level officials of Taiwan who have entered
the United States on or after such date of enactment.
(c) ANNUAL REPORT.—
(1) IN GENERAL.—Not later than 90 days after the date
of the enactment of this Act, and annually thereafter for 5
years, the Secretary of State shall submit to the appropriate
committees of Congress a report on the implementation of
the Taiwan Travel Act (Public Law 115–135; 132 Stat. 341),
including a discussion of its positive effects on United States
interests in the region.
(2) FORM.—The report required under paragraph (1) shall
be submitted in unclassified form, but may include a classified
annex.
SEC. 5521. AMENDMENTS TO THE TAIWAN ALLIES INTERNATIONAL
PROTECTION AND ENHANCEMENT INITIATIVE (TAIPEI)
ACT OF 2019.

The Taiwan Allies International Protection and Enhancement
Initiative (TAIPEI) Act of 2019 (Public Law 116–135) is amended—
(1) in section 2(5), by striking ‘‘and Kiribati’’ and inserting
‘‘Kiribati, and Nicaragua,’’;
(2) in section 4—
(A) in the matter preceding paragraph (1), by striking
‘‘should be’’ and inserting ‘‘is’’;
(B) in paragraph (2), by striking ‘‘and’’ at the end;
(C) in paragraph (3), by striking the period at the
end and inserting ‘‘; and’’; and
(D) by adding at the end the following:

H. R. 7776—927
‘‘(4) to support Taiwan’s diplomatic relations with governments and countries’’; and
(3) in section 5—
(A) in subsection (a)—
(i) in paragraph (2), by striking ‘‘and’’ at the end;
(ii) in paragraph (3), by striking the period at
the end and inserting ‘‘; and’’; and
(iii) by adding at the end the following:
‘‘(4) identify why governments and countries have altered
their diplomatic status vis-a-vis Taiwan and make recommendations to mitigate further deterioration in Taiwan’s diplomatic
relations with governments and countries.’’;
(B) in subsection (b), by striking ‘‘1 year after the
date of the enactment of this Act, and annually thereafter
for five years, the Secretary of State shall report’’ and
inserting ‘‘90 days after the date of the enactment of the
Taiwan Enhanced Resilience Act, and annually thereafter
for the following 7 years, the Secretary of State shall submit
an unclassified report, with a classified annex,’’;
(C) by redesignating subsection (c) as subsection (d);
and
(D) by inserting after subsection (b) the following:
‘‘(c) BRIEFINGS.—Not later than 90 days after the date of the
enactment of the Taiwan Enhanced Resilience Act, and annually
thereafter for the following 7 years, the Secretary of State shall
provide briefings to the appropriate congressional committees on
the steps taken in accordance with section (a). The briefings
required under this subsection shall take place in an unclassified
setting, but may be accompanied by an additional classified
briefing.’’.
SEC. 5522. REPORT ON ROLE OF PEOPLE’S REPUBLIC OF CHINA’S
NUCLEAR THREAT IN ESCALATION DYNAMICS.

(a) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In
this section, the term ‘‘appropriate congressional committees’’
means—
(1) the Committee on Foreign Relations of the Senate;
(2) the Committee on Armed Services of the Senate;
(3) the Select Committee on Intelligence of the Senate;
(4) the Committee on Foreign Affairs of the House of Representatives;
(5) the Committee on Armed Services of the House of
Representatives; and
(6) the Permanent Select Committee on Intelligence of the
House of Representatives.
(b) IN GENERAL.—Not later than 90 days after the date of
the enactment of this Act, the Secretary of State, in consultation
with the Secretary of Defense and the Director of National Intelligence, shall submit to the appropriate congressional committees
a report assessing the role of the increasing nuclear threat of
the People’s Republic of China in escalation dynamics with respect
to Taiwan.
(c) FORM.—The report required by subsection (b) shall be submitted in classified form, but may include an unclassified summary.

H. R. 7776—928
SEC. 5523. REPORT ANALYZING THE IMPACT OF RUSSIA’S WAR
AGAINST UKRAINE ON THE OBJECTIVES OF THE PEOPLE’S REPUBLIC OF CHINA WITH RESPECT TO TAIWAN.

(a) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In
this section, the term ‘‘appropriate congressional committees’’
means—
(1) the Committee on Foreign Relations of the Senate;
(2) the Committee on Armed Services of the Senate;
(3) the Committee on Appropriations of the Senate;
(4) the Select Committee on Intelligence of the Senate;
(5) the Committee on Banking, Housing, and Urban Affairs
of the Senate;
(6) the Committee on Commerce, Science, and Transportation of the Senate;
(7) the Committee on Foreign Affairs of the House of Representatives;
(8) the Committee on Armed Services of the House of
Representatives;
(9) the Committee on Appropriations of the House of Representatives;
(10) the Permanent Select Committee on Intelligence of
the House of Representatives;
(11) the Committee on Financial Services of the House
of Representatives; and
(12) the Committee on Energy and Commerce of the House
of Representatives.
(b) IN GENERAL.—Not later than 90 days after the date of
the enactment of this Act, the Secretary of State, in consultation
with the Secretary of Defense and the Director of National Intelligence, shall submit a report to the appropriate congressional
committees that analyzes the impact of Russia’s war against
Ukraine on the PRC’s diplomatic, military, economic, and propaganda objectives with respect to Taiwan.
(c) ELEMENTS.—The report required by subsection (b) shall
describe—
(1) adaptations or known changes to PRC strategies and
military doctrine that the United States assesses are a direct
result of the Russian invasion of Ukraine or that the United
States assesses represent lessons learned by the People’s
Republic of China in light of Russia’s invasion of Ukraine,
including changes—
(A) to PRC behavior in international forums;
(B) within the People’s Liberation Army, with respect
to the size of forces, the makeup of leadership, weapons
procurement, equipment upkeep, the doctrine on the use
of specific weapons, such as weapons banned under the
international law of armed conflict, efforts to move weapons
supply chains onto mainland PRC, or any other changes
in its military strategy with respect to Taiwan;
(C) in economic planning, such as sanctions evasion,
efforts to minimize exposure to sanctions, or moves in
support of the protection of currency or other strategic
reserves;
(D) to propaganda, disinformation, and other information operations originating in the PRC; and
(E) to the PRC’s strategy for the use of force against
Taiwan, including any information on preferred scenarios

H. R. 7776—929
or operations to secure its objectives in Taiwan, adjustments based on how the Russian military has performed
in Ukraine, and other relevant matters; and
(2) United States plans to adapt policies and military planning in response to the changes referred to in paragraph (1).
(d) FORM.—The report required by subsection (b) shall be submitted in classified form.
(e) COORDINATION WITH ALLIES AND PARTNERS.—The Secretary
of State shall share information contained in the report required
by subsection (b), as appropriate, with appropriate officials of allied
and partners, including Taiwan and other partners in Europe and
in the Indo-Pacific.
SEC.

5524.

EXPANDING UNITED
COOPERATION.

STATES-TAIWAN

DEVELOPMENT

(a) IN GENERAL.—No later than 120 days following the date
of enactment of this Act, the Secretary of State, in consultation
with the Administrator of the United States Agency for International Development (USAID), the United States International
Development Finance Corporation (DFC), and the heads of other
relevant Federal departments and agencies that provide international economic assistance and other support, shall submit to
Congress a report on cooperation with Taiwan on trilateral and
multilateral development initiatives through the American Institute
in Taiwan as appropriate.
(b) MATTERS TO BE INCLUDED.—The report required by subsection (a) shall include the following elements:
(1) A comprehensive review of existing cooperation mechanisms and initiatives among USAID, DFC, other relevant Federal agencies that provide international economic assistance
and other support, and relevant departments and agencies in
Taiwan, including Taiwan’s International Cooperation and
Development Fund (ICDF).
(2) An assessment of how United States development
cooperation with relevant departments and agencies in Taiwan
compares to comparable cooperation with partners of similar
economic size and foreign assistance capacity to Taiwan.
(3) An analysis of the opportunities and challenges the
cooperation reviewed in paragraph (1) has offered to date. The
analysis shall include—
(A) opportunities that collaboration has offered to
expand the United States Government’s ability to deliver
support, assistance, and other international financial products into a wider range communities;
(B) sectors where USAID, DFC, ICDF, other relevant
Federal agencies that provide international economic
assistance and other support in both Taiwan and the
United States, or the organizations’ implementing partners
have a comparative advantage in providing assistance;
(C) opportunities to transition capacity building events
with relevant departments and agencies in Taiwan,
through the Global Cooperation and Training Framework
as well as other forums, into enduring forms of development
cooperation.
(4) An assessment of any legal, policy, logistical, financial,
or administrative barriers to expanding cooperation in trilateral
or multilateral development. The analysis shall include—

H. R. 7776—930
(A) availability of personnel at the American Institute
in Taiwan responsible for coordinating development assistance cooperation;
(B) volume of current cooperation initiatives and barriers to expanding them;
(C) diplomatic, policy, or legal barriers facing the
United States or other partners to including Taiwan in
formal and informal multilateral development cooperation
mechanisms;
(D) resource or capacity barriers to expanding cooperation facing the United States or Taiwan; and
(E) geopolitical barriers that complicate United StatesTaiwan cooperation in third countries.
(5) Recommendations to address the challenges identified
in paragraph (4).
(6) A description of any additional resources or authorities
that expanding cooperation might require.
(c) FORM OF REPORT.—The strategy required under subsection
(a) shall be submitted in unclassified form, but may include a
classified annex.
SEC. 5525. SENSE OF CONGRESS ON EXPANDING UNITED STATES ECONOMIC RELATIONS WITH TAIWAN.

It is the sense of the Congress that—
(1) expanding United States economic relations with
Taiwan has benefitted the people of both the United States
and Taiwan, as Taiwan is now the United States 10th largest
goods trading partner, 13th largest export market, 13th largest
source of imports, and a key destination for United States
agricultural exports;
(2) further integration would benefit both peoples and is
in the strategic and diplomatic interests of the United States;
and
(3) the United States should explore opportunities to
expand economic agreements between Taiwan and the United
States, through dialogue, and by developing the legal templates
required to support potential future agreements.

PART 5—SUPPORTING UNITED STATES EDUCATIONAL AND EXCHANGE PROGRAMS WITH
TAIWAN
SEC. 5526. SHORT TITLE.

This part may be cited as the ‘‘Taiwan Fellowship Act’’.
SEC. 5527. FINDINGS.

Congress makes the following findings:
(1) The Taiwan Relations Act (Public Law 96–8; 22 U.S.C.
3301 et seq.) affirmed United States policy ‘‘to preserve and
promote extensive, close, and friendly commercial, cultural, and
other relations between the people of the United States and
the people on Taiwan, as well as the people on the China
mainland and all other peoples of the Western Pacific area’’.
(2) Consistent with the Asia Reassurance Initiative Act
of 2018 (Public Law 115–409), the United States has grown
its strategic partnership with Taiwan’s vibrant democracy of
23,000,000 people.

H. R. 7776—931
(3) The creation of a United States fellowship program
with Taiwan would support—
(A) a key priority of expanding people-to-people
exchanges, which was outlined in President Donald J.
Trump’s 2017 National Security Strategy;
(B) President Joseph R. Biden’s commitment to
Taiwan, ‘‘a leading democracy and a critical economic and
security partner’’, as expressed in his March 2021 Interim
National Security Strategic Guidance; and
(C) April 2021 guidance from the Department of State
based on a review required under the Taiwan Assurance
Act of 2020 (subtitle B of title III of division FF of Public
Law 116–260) to ‘‘encourage U.S. government engagement
with Taiwan that reflects our deepening unofficial relationship’’.
SEC. 5528. PURPOSES.

The purposes of this part are—
(1) to further strengthen the United States-Taiwan strategic partnership and broaden understanding of the Indo-Pacific
region by temporarily assigning officials of any agencies of
the United States Government to Taiwan for intensive study
in Mandarin and placement as Fellows in a Taiwanese civic
institution;
(2) to provide for eligible United States personnel—
(A) to learn or strengthen Mandarin Chinese language
skills; and
(B) to expand their understanding of the political
economy of Taiwan and the Indo-Pacific region; and
(3) to better position the United States to advance its
economic, security, and human rights interests and values in
the Indo-Pacific region.
SEC. 5529. DEFINITIONS.

In this part:
(1) AGENCY HEAD.—The term ‘‘agency head’’ means, in the
case of the executive branch of United States Government
or a legislative branch agency described in paragraph (2), the
head of the respective agency.
(2) AGENCY OF THE UNITED STATES GOVERNMENT.—The
term ‘‘agency of the United States Government’’ includes the
Government Accountability Office, the Congressional Budget
Office, and the Congressional Research Service of the legislative
branch, as well as any agency of the executive branch.
(3) APPROPRIATE COMMITTEES OF CONGRESS.—The term
‘‘appropriate committees of Congress’’ means—
(A) the Committee on Foreign Relations of the Senate;
(B) the Committee on Appropriations of the Senate;
(C) the Committee on Foreign Affairs of the House
of Representatives; and
(D) the Committee on Appropriations of the House
of Representatives.
(4) DETAILEE.—The term ‘‘detailee’’ means—
(A) an employee of an agency of the United States
Government on loan to the American Institute in Taiwan,
without a change of position from the agency at which
the employee is employed; and

H. R. 7776—932
(B) a legislative branch employee from the Government
Accountability Office, Congressional Budget Office, or the
Congressional Research Service.
(5) IMPLEMENTING PARTNER.—The term ‘‘implementing
partner’’ means any United States organization described in
section 501(c)(3) of the Internal Revenue Code of 1986 that—
(A) performs logistical, administrative, and other functions, as determined by the Department of State and the
American Institute of Taiwan in support of the Taiwan
Fellowship Program; and
(B) enters into a cooperative agreement with the American Institute in Taiwan to administer the Taiwan Fellowship Program.
(6) PROGRAM.—The term ‘‘Program’’ means the Taiwan
Fellowship Program established pursuant to section 5530.
SEC. 5530. TAIWAN FELLOWSHIP PROGRAM.

(a) ESTABLISHMENT.—The Secretary of State shall establish
the Taiwan Fellowship Program (referred to in this section as
the ‘‘Program’’) to provide a fellowship opportunity in Taiwan of
up to 2 years for eligible United States citizens. The Department
of State, in consultation with the American Institute in Taiwan
and the implementing partner, may modify the name of the Program.
(b) COOPERATIVE AGREEMENT.—
(1) IN GENERAL.—The American Institute in Taiwan should
use amounts appropriated pursuant to section 5533(a) to enter
into an annual or multi-year cooperative agreement with an
appropriate implementing partner.
(2) FELLOWSHIPS.—The Department of State or the American Institute in Taiwan, in consultation with, as appropriate,
the implementing partner, should award to eligible United
States citizens, subject to available funding—
(A) approximately 5 fellowships during the first 2 years
of the Program; and
(B) approximately 10 fellowships during each of the
remaining years of the Program.
(c) AMERICAN INSTITUTION IN TAIWAN AGREEMENT; IMPLEMENTING PARTNER.—Not later than 30 days after the date of the
enactment of this Act, the American Institute in Taiwan, in consultation with the Department of State, should—
(1) begin negotiations with the Taipei Economic and Cultural Representative Office, or with another appropriate entity,
for the purpose of entering into an agreement to facilitate
the placement of fellows in an agency of Taiwan; and
(2) begin the process of selecting an implementing partner,
which—
(A) shall agree to meet all of the legal requirements
required to operate in Taiwan; and
(B) shall be composed of staff who demonstrate significant experience managing exchange programs in the IndoPacific region.
(d) CURRICULUM.—
(1) FIRST YEAR.—During the first year of each fellowship
under this section, each fellow should study—
(A) the Mandarin Chinese language;

H. R. 7776—933
(B) the people, history, and political climate on Taiwan;
and
(C) the issues affecting the relationship between the
United States and the Indo-Pacific region.
(2) SECOND YEAR.—During the second year of each fellowship under this section, each fellow, subject to the approval
of the Department of State, the American Institute in Taiwan,
and the implementing partner, and in accordance with the
purposes of this subtitle, should work in—
(A) a parliamentary office, ministry, or other agency
of Taiwan; or
(B) an organization outside the public sector in Taiwan,
whose interests are associated with the interests of the
fellow and the agency of the United States Government
from which the fellow is or had been employed.
(e) PROGRAM REQUIREMENTS.—
(1) ELIGIBILITY REQUIREMENTS.—A United States citizen
is eligible for a fellowship under this section if the citizen—
(A) is an employee of the United States Government;
(B) has received at least one exemplary performance
review in his or her current United States Government
role within at least the last three years prior to beginning
the fellowship;
(C) has at least 2 years of experience in any branch
of the United States Government;
(D) has a demonstrated professional or educational
background in the relationship between the United States
and countries in the Indo-Pacific region; and
(E) has demonstrated his or her commitment to further
service in the United States Government.
(2) RESPONSIBILITIES OF FELLOWS.—Each recipient of a
fellowship under this section shall agree, as a condition of
such fellowship—
(A) to maintain satisfactory progress in language
training and appropriate behavior in Taiwan, consistent
with United States Government policy toward Taiwan, as
determined by the Department of State, the American
Institute in Taiwan and, as appropriate, its implementing
partner;
(B) to refrain from engaging in any intelligence or
intelligence-related activity on behalf of the United States
Government; and
(C) to continue Federal Government employment for
a period of not less than 4 years after the conclusion
of the fellowship or for not less than 2 years for a fellowship
that is 1 year or shorter.
(3) RESPONSIBILITIES OF IMPLEMENTING PARTNER.—
(A) SELECTION OF FELLOWS.—The implementing
partner, with the concurrence of the Department of State
and the American Institute in Taiwan, shall—
(i) make efforts to recruit fellowship candidates
who reflect the diversity of the United States;
(ii) select fellows for the Taiwan Fellowship Program based solely on merit, with appropriate supervision from the Department of State and the American
Institute in Taiwan; and

H. R. 7776—934
(iii) prioritize the selection of candidates willing
to serve in a fellowship lasting 1 year or longer.
(B) FIRST YEAR.—The implementing partner should
provide each fellow in the first year (or shorter duration,
as jointly determined by the Department of State and
the American Institute in Taiwan for those who are not
serving a 2-year fellowship) with—
(i) intensive Mandarin Chinese language training;
and
(ii) courses in the politics, culture, and history
of Taiwan, China, and the broader Indo-Pacific.
(C) WAIVER OF FIRST-YEAR TRAINING.—The Department
of State, in coordination with the American Institute in
Taiwan and, as appropriate, the implementing partner,
may waive any of the training required under paragraph
(2) to the extent that a fellow has Mandarin language
skills, knowledge of the topic described in subparagraph
(B)(ii), or for other related reasons approved by the Department of State and the American Institute in Taiwan. If
any of the training requirements are waived for a fellow
serving a 2-year fellowship, the training portion of his
or her fellowship may be shortened to the extent appropriate.
(D) OFFICE; STAFFING.—The implementing partner, in
consultation with the Department of State and the American Institute in Taiwan, may maintain an office and at
least 1 full-time staff member in Taiwan—
(i) to liaise with the American Institute in Taiwan
and institutions of Taiwan; and
(ii) to serve as the primary in-country point of
contact for the recipients of fellowships under this part
and their dependents.
(E) OTHER FUNCTIONS.—The implementing partner
may perform other functions in association with support
of the Taiwan Fellowship Program, including logistical and
administrative functions, as prescribed by the Department
of State and the American Institute in Taiwan.
(4) NONCOMPLIANCE.—
(A) IN GENERAL.—Any fellow who fails to comply with
the requirements under this section shall reimburse the
American Institute in Taiwan, or the appropriate United
States Government agency for—
(i) the Federal funds expended for the fellow’s
participation in the fellowship, as set forth in subparagraphs (B) and (C); and
(ii) interest accrued on such funds (calculated at
the prevailing rate).
(B) FULL REIMBURSEMENT.—Any fellow who violates
subparagraph (A) or (B) of paragraph (2) shall reimburse
the American Institute in Taiwan, or the appropriate
United States Government agency, in an amount equal
to the sum of—
(i) all of the Federal funds expended for the fellow’s
participation in the fellowship; and
(ii) interest on the amount specified in subparagraph (A), which shall be calculated at the prevailing
rate.

H. R. 7776—935
(C) PRO RATA REIMBURSEMENT.—Any fellow who violates subparagraph (C) of paragraph (2) shall reimburse
the American Institute in Taiwan, or the appropriate
United States Government agency, in an amount equal
to the difference between—
(i) the amount specified in subparagraph (B); and
(ii) the product of—
(I) the amount the fellow received in compensation during the final year of the fellowship,
including the value of any allowances and benefits
received by the fellow; multiplied by
(II) the percentage of the period specified in
paragraph (2)(C) during which the fellow did not
remain employed by the Federal Government.
(f) FLEXIBLE FELLOWSHIP DURATION.—Notwithstanding any
requirement under this section, the Secretary of State, in consultation with the American Institute in Taiwan and, as appropriate,
the implementing partner, may award fellowships that have a duration of less than 2 years, and may alter the curriculum requirements
under subsection (d) for such purposes.
(g) SUNSET.—The fellowship program under this part shall
terminate 7 years after the date of the enactment of this Act.
SEC. 5531. REPORTS AND AUDITS.

(a) ANNUAL REPORT.—Not later than 90 days after the selection
of the first class of fellows under this part, and annually thereafter
for 7 years, the Department of State shall offer to brief the appropriate committees of Congress regarding the following issues:
(1) An assessment of the performance of the implementing
partner in fulfilling the purposes of this part.
(2) The names and sponsoring agencies of the fellows
selected by the implementing partner and the extent to which
such fellows represent the diversity of the United States.
(3) The names of the parliamentary offices, ministries,
other agencies of Taiwan, and nongovernmental institutions
to which each fellow was assigned during the second year
of the fellowship.
(4) Any recommendations, as appropriate, to improve the
implementation of the Taiwan Fellowship Program, including
added flexibilities in the administration of the program.
(5) An assessment of the Taiwan Fellowship Program’s
value upon the relationship between the United States and
Taiwan or the United States and Asian countries.
(b) ANNUAL FINANCIAL AUDIT.—
(1) IN GENERAL.—The financial records of any implementing
partner shall be audited annually in accordance with generally
accepted government auditing standards by independent certified public accountants or independent licensed public
accountants who are certified or licensed by a regulatory
authority of a State or another political subdivision of the
United States.
(2) LOCATION.—Each audit under paragraph (1) shall be
conducted at the place or places where the financial records
of the implementing partner are normally kept.
(3) ACCESS TO DOCUMENTS.—The implementing partner
shall make available to the accountants conducting an audit
under paragraph (1)—

H. R. 7776—936
(A) all books, financial records, files, other papers,
things, and property belonging to, or in use by, the implementing partner that are necessary to facilitate the audit;
and
(B) full facilities for verifying transactions with the
balances or securities held by depositories, fiscal agents,
and custodians.
(4) REPORT.—
(A) IN GENERAL.—Not later than 270 days after the
end of each fiscal year, the implementing partner shall
provide a report of the audit conducted for such fiscal
year under paragraph (1) to the Department of State and
the American Institute in Taiwan.
(B) CONTENTS.—Each audit report shall—
(i) set forth the scope of the audit;
(ii) include such statements, along with the auditor’s opinion of those statements, as may be necessary
to present fairly the implementing partner’s assets and
liabilities, surplus or deficit, with reasonable detail;
(iii) include a statement of the implementing partner’s income and expenses during the year; and
(iv) include a schedule of—
(I) all contracts and cooperative agreements
requiring payments greater than $5,000; and
(II) any payments of compensation, salaries,
or fees at a rate greater than $5,000 per year.
(C) COPIES.—Each audit report shall be produced in
sufficient copies for distribution to the public.
SEC.

5532.

TAIWAN FELLOWS
SERVICE.

ON

DETAIL

FROM

GOVERNMENT

(a) IN GENERAL.—
(1) DETAIL AUTHORIZED.—With the approval of the Secretary of State, an agency head may detail, for a period of
not more than 2 years, an employee of the agency of the
United States Government who has been awarded a fellowship
under this part, to the American Institute in Taiwan for the
purpose of assignment to Taiwan or an organization described
in section 5530(d)(2)(B).
(2) AGREEMENT.—Each detailee shall enter into a written
agreement with the Federal Government before receiving a
fellowship, in which the fellow shall agree—
(A) to continue in the service of the sponsoring agency
at the end of fellowship for a period of at least 4 years
(or at least 2 years if the fellowship duration is 1 year
or shorter) unless the detailee is involuntarily separated
from the service of such agency; and
(B) to pay to the American Institute in Taiwan, or
the United States Government agency, as appropriate, any
additional expenses incurred by the Federal Government
in connection with the fellowship if the detailee voluntarily
separates from service with the sponsoring agency before
the end of the period for which the detailee has agreed
to continue in the service of such agency.
(3) EXCEPTION.—The payment agreed to under paragraph
(2)(B) may not be required from a detailee who leaves the
service of the sponsoring agency to enter into the service of

H. R. 7776—937
another agency of the United States Government unless the
head of the sponsoring agency notifies the detailee before the
effective date of entry into the service of the other agency
that payment will be required under this subsection.
(b) STATUS AS GOVERNMENT EMPLOYEE.—A detailee—
(1) is deemed, for the purpose of preserving allowances,
privileges, rights, seniority, and other benefits, to be an
employee of the sponsoring agency;
(2) is entitled to pay, allowances, and benefits from funds
available to such agency, which is deemed to comply with
section 5536 of title 5, United States Code; and
(3) may be assigned to a position with an entity described
in section 5530(d)(2)(A) if acceptance of such position does
not involve—
(A) the taking of an oath of allegiance to another
government; or
(B) the acceptance of compensation or other benefits
from any foreign government by such detailee.
(c) RESPONSIBILITIES OF SPONSORING AGENCY.—
(1) IN GENERAL.—The Federal agency from which a detailee
is detailed should provide the fellow allowances and benefits
that are consistent with Department of State Standardized
Regulations or other applicable rules and regulations,
including—
(A) a living quarters allowance to cover the cost of
housing in Taiwan;
(B) a cost of living allowance to cover any possible
higher costs of living in Taiwan;
(C) a temporary quarters subsistence allowance for
up to 7 days if the fellow is unable to find housing immediately upon arriving in Taiwan;
(D) an education allowance to assist parents in providing the fellow’s minor children with educational services
ordinarily provided without charge by public schools in
the United States;
(E) moving expenses to transport personal belongings
of the fellow and his or her family in their move to Taiwan,
which is comparable to the allowance given for American
Institute in Taiwan employees assigned to Taiwan; and
(F) an economy-class airline ticket to and from Taiwan
for each fellow and the fellow’s immediate family.
(2) MODIFICATION OF BENEFITS.—The American Institute
in Taiwan and its implementing partner, with the approval
of the Department of State, may modify the benefits set forth
in paragraph (1) if such modification is warranted by fiscal
circumstances.
(d) NO FINANCIAL LIABILITY.—The American Institute in
Taiwan, the implementing partner, and Taiwan or non-public sector
entities in Taiwan at which a fellow is detailed during the second
year of the fellowship may not be held responsible for the pay,
allowances, or any other benefit normally provided to the detailee.
(e) REIMBURSEMENT.—Fellows may be detailed under subsection
(a)(1) without reimbursement to the United States by the American
Institute in Taiwan.
(f) ALLOWANCES AND BENEFITS.—Detailees may be paid by the
American Institute in Taiwan for the allowances and benefits listed
in subsection (c).

H. R. 7776—938
SEC. 5533. FUNDING.

(a) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to the American Institute in Taiwan—
(1) for fiscal year 2023, $2,900,000, of which—
(A) $500,000 should be used to launch the Taiwan
Fellowship Program through a competitive cooperative
agreement with an appropriate implementing partner;
(B) $2,300,000 should be used to fund a cooperative
agreement with an appropriate implementing partner; and
(C) $100,000 should be used for management expenses
of the American Institute in Taiwan related to the management of the Taiwan Fellowship Program; and
(2) for fiscal year 2024, and each succeeding fiscal year,
$2,400,000, of which—
(A) $2,300,000 should be used for a cooperative agreement to the appropriate implementing partner; and
(B) $100,000 should be used for management expenses
of the American Institute in Taiwan related to the management of the Taiwan Fellowship Program.
(b) PRIVATE SOURCES.—The implementing partner selected to
implement the Taiwan Fellowship Program may accept, use, and
dispose of gifts or donations of services or property in carrying
out such program, subject to the review and approval of the American Institute in Taiwan.
SEC. 5534. STUDY AND REPORT.

Not later than 1 year prior to the sunset of the fellowship
program under section 5530(g), the Comptroller General of the
United States shall conduct a study and submit to the Committee
on Foreign Relations of the Senate and the Committee on Foreign
Affairs of the House a report that includes—
(1) an analysis of the United States Government participants in this program, including the number of applicants
and the number of fellowships undertaken, the place of employment, and an assessment of the costs and benefits for participants and for the United States Government of such fellowships;
(2) an analysis of the financial impact of the fellowship
on United States Government offices which have provided fellows to participate in the program; and
(3) recommendations, if any, on how to improve the fellowship program.
SEC.

5535.

SUPPORTING UNITED STATES EDUCATIONAL
EXCHANGE PROGRAMS WITH TAIWAN.

AND

(a) ESTABLISHMENT OF THE UNITED STATES-TAIWAN CULTURAL
EXCHANGE FOUNDATION.—The Secretary of State should consider
establishing an independent nonprofit entity that—
(1) is dedicated to deepening ties between the future leaders
of Taiwan and the future leaders of the United States; and
(2) works with State and local school districts and educational institutions to send high school and university students
to Taiwan to study the Chinese language, culture, history,
politics, and other relevant subjects.
(b) PARTNER.—State and local school districts and educational
institutions, including public universities, are encouraged to partner
with the Taipei Economic and Cultural Representative Office in

H. R. 7776—939
the United States to establish programs to promote more educational and cultural exchanges.

PART 6—UNITED STATES-TAIWAN PUBLIC
HEALTH PROTECTION
SEC. 5536. SHORT TITLE.

This part may be cited as ‘‘United States-Taiwan Public Health
Protection Act’’.
SEC. 5537. DEFINITIONS.

In this part:
(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—For the
purposes of this part, the term ‘‘appropriate congressional
committees’’ means—
(A) the Committee on Foreign Relations of the Senate;
(B) the Committee on Health, Education, Labor, and
Pensions of the Senate;
(C) the Committee on Appropriations of the Senate;
(D) the Committee on Foreign Affairs of the House
of Representatives;
(E) the Committee on Energy and Commerce of the
House of Representatives; and
(F) the Committee on Appropriations of the House
of Representatives.
(2) CENTER.—The term ‘‘Center’’ means the Infectious Disease Monitoring Center described in section 5538(a)(2).
SEC. 5538. STUDY ON AN INFECTIOUS DISEASE MONITORING CENTER.

(a) STUDY.—Not later than one year after the date of the
enactment of this Act, the Secretary of State and the Secretary
of Health and Human Services, in consultation with the heads
of other relevant Federal departments and agencies, shall submit
to appropriate congressional committees a study that includes the
following:
(1) A description of ongoing cooperation between the United
States Government and Taiwan related to public health,
including public health activities supported by the United
States in Taiwan.
(2) A description how the United States and Taiwan can
promote further cooperation and expand public health activities,
including the feasibility and utility of establishing an Infectious
Disease Monitoring Center within the American Institute of
Taiwan in Taipei, Taiwan to—
(A) regularly monitor, analyze, and disseminate opensource material from countries in the region, including
viral strains, bacterial subtypes, and other pathogens;
(B) engage in people-to-people contacts with medical
specialists and public health officials in the region;
(C) provide expertise and information on infectious
diseases to the United States Government and Taiwanese
officials; and
(D) carry out other appropriate activities, as determined by the Director of the Center.
(b) ELEMENTS.—The study required by subsection (a) shall
include—

H. R. 7776—940
(1) a plan on how such a Center would be established
and operationalized, including—
(A) the personnel, material, and funding requirements
necessary to establish and operate the Center; and
(B) the proposed structure and composition of Center
personnel, which may include—
(i) infectious disease experts from the Department
of Health and Human Services, who are recommended
to serve as detailees to the Center; and
(ii) additional qualified persons to serve as
detailees to or employees of the Center, including—
(I) from any other relevant Federal department or agencies, to include the Department of
State and the United States Agency for International Development;
(II) qualified foreign service nationals or
locally engaged staff who are considered citizens
of Taiwan; and
(III) employees of the Taiwan Centers for Disease Control;
(2) an evaluation, based on the factors in paragraph (1),
of whether to establish the Center; and
(3) a description of any consultations or agreements
between the American Institute in Taiwan and the Taipei Economic and Cultural Representative Office in the United States
regarding the establishment and operation of the Center,
including—
(A) the role that employees of the Taiwan Centers
for Disease Control would play in supporting or coordinating with the Center; and
(B) whether any employees of the Taiwan Centers for
Disease Control would be detailed to, or co-located with,
the Center.
(c) CONSULTATION.—The Secretary of State and the Secretary
of Health and Human Services shall consult with the appropriate
congressional committees before full completion of the study.

PART 7—RULES OF CONSTRUCTION
SEC. 5539. RULE OF CONSTRUCTION.

Nothing in this subtitle may be construed—
(1) to restore diplomatic relations with the Republic of
China; or
(2) to alter the United States Government’s position with
respect to the international status of the Republic of China.
SEC. 5540. RULE OF CONSTRUCTION REGARDING THE USE OF MILITARY FORCE.

Nothing in this title may be construed as authorizing the use
of military force or the introduction of United States forces into
hostilities.

H. R. 7776—941

Subtitle B—United States-Ecuador
Partnership Act of 2022
SEC. 5541. SHORT TITLE.

This subtitle may be cited as the ‘‘United States-Ecuador Partnership Act of 2022’’.
SEC. 5542. SENSE OF CONGRESS.

It is the sense of Congress that—
(1) the United States should take additional steps to
strengthen its bilateral partnership with Ecuador, including
by providing for robust trade and investment, increasing law
enforcement cooperation, renewing the activities of the United
States Agency for International Development in Ecuador, and
supporting Ecuador’s response to and recovery from the
COVID–19 pandemic, as necessary and appropriate; and
(2) strengthening the United States-Ecuador partnership
presents an opportunity to advance core United States national
security interests and work with other democratic partners
to maintain a prosperous, politically stable, and democratic
Western Hemisphere that is resilient to malign foreign influence.
SEC. 5543. FACILITATING ECONOMIC AND COMMERCIAL TIES.

The Secretary of State, in coordination with the Secretary of
Commerce, the United States Trade Representative, the Secretary
of the Treasury, and the heads of other relevant Federal departments and agencies, as appropriate, shall develop and implement
a strategy to strengthen commercial and economic ties between
the United States and Ecuador by—
(1) promoting cooperation and information sharing to
encourage awareness of and increase trade and investment
opportunities between the United States and Ecuador;
(2) supporting efforts by the Government of Ecuador to
promote a more open, transparent, and competitive business
environment, including by lowering trade barriers, implementing policies to reduce trading times, and improving efficiencies to expedite customs operations for importers and
exporters of all sizes, in all sectors, and at all ports of entry
in Ecuador;
(3) establishing frameworks or mechanisms to review the
long term financial sustainability and security implications of
foreign investments in Ecuador in strategic sectors or services;
(4) establishing competitive and transparent infrastructure
project selection and procurement processes in Ecuador that
promote transparency, open competition, financial sustainability, and robust adherence to global standards and norms;
(5) developing programs to help the Government of Ecuador
improve efficiency and transparency in customs administration,
including through support for the Government of Ecuador’s
ongoing efforts to digitize its customs process and accept electronic documents required for the import, export, and transit
of goods under specific international standards, as well as
related training to expedite customs, security, efficiency, and
competitiveness;
(6) spurring digital transformation that would advance—

H. R. 7776—942
(A) the provision of digitized government services with
the greatest potential to improve transparency, lower business costs, and expand citizens’ access to public services
and public information; and
(B) best practices to mitigate the risks to digital infrastructure by doing business with communication networks
and communications supply chains with equipment and
services from companies with close ties to or susceptible
to pressure from governments or security services without
reliable legal checks on governmental powers; and
(7) identifying, as appropriate, a role for the United States
International Development Finance Corporation, the Millennium Challenge Corporation, the United States Agency for
International Development, and the United States private
sector in supporting efforts to increase private sector investment and strengthen economic prosperity.
SEC. 5544. PROMOTING INCLUSIVE ECONOMIC DEVELOPMENT.

The Administrator of the United States Agency for International Development, in coordination with the Secretary of State
and the heads of other relevant Federal departments and agencies,
as appropriate, shall develop and implement a strategy and related
programs to support inclusive economic development across Ecuador’s national territory by—
(1) facilitating increased access to public and private
financing, equity investments, grants, and market analysis for
small and medium-sized businesses;
(2) providing technical assistance to local governments to
formulate and enact local development plans that invest in
Indigenous and Afro-Ecuadorian communities;
(3) connecting rural agricultural networks, including
Indigenous and Afro-Ecuadorian agricultural networks, to consumers in urban centers and export markets, including through
infrastructure construction and maintenance programs that are
subject to audits and carefully designed to minimize potential
environmental harm;
(4) partnering with local governments, the private sector,
and local civil society organizations, including organizations
representing marginalized communities and faith-based
organizations, to provide skills training and investment in support of initiatives that provide economically viable, legal alternatives to participating in illegal economies; and
(5) connecting small scale fishing enterprises to consumers
and export markets, in order to reduce vulnerability to organized criminal networks.
SEC. 5545. COMBATING ILLICIT ECONOMIES, CORRUPTION, AND NEGATIVE FOREIGN INFLUENCE.

The Secretary of State, in coordination with the Secretary of
the Treasury, shall develop and implement a strategy and related
programs to increase the capacity of Ecuador’s justice system and
law enforcement authorities to combat illicit economies, corruption,
transnational criminal organizations, and the harmful influence
of malign foreign and domestic actors by—
(1) providing technical assistance and material support
(including, as appropriate, radars, vessels, and communications
equipment) to vetted specialized units of Ecuador’s national

H. R. 7776—943
police and the armed services to disrupt, degrade, and dismantle organizations involved in illicit narcotics trafficking,
transnational criminal activities, illicit mining, and illegal,
unregulated, and unreported fishing, among other illicit activities;
(2) providing technical assistance to address challenges
related to Ecuador’s penitentiary and corrections system;
(3) strengthening the regulatory framework of mining
through collaboration with key Ecuadorian institutions, such
as the Interior Ministry’s Special Commission for the Control
of Illegal Mining and the National Police’s Investigative Unit
on Mining Crimes, and providing technical assistance in support of their law enforcement activities;
(4) providing technical assistance to judges, prosecutors,
and ombudsmen to increase capacity to enforce laws against
human smuggling and trafficking, illicit mining, illegal logging,
illegal, unregulated, and unreported (IUU) fishing, and other
illicit economic activities;
(5) providing support to the Government of Ecuador to
prevent illegal, unreported, and unregulated fishing, including
through expanding detection and response capabilities, and
the use of dark vessel tracing technology;
(6) supporting multilateral efforts to stem illegal, unreported, and unregulated fishing with neighboring countries in
South America and within the South Pacific Regional Fisheries
Management Organisation;
(7) assisting the Government of Ecuador’s efforts to protect
defenders of internationally recognized human rights, including
through the work of the Office of the Ombudsman of Ecuador,
and by encouraging the inclusion of Indigenous and Afro-Ecuadorian communities and civil society organizations in this
process;
(8) supporting efforts to improve transparency, uphold
accountability, and build capacity within the Office of the Comptroller General;
(9) enhancing the institutional capacity and technical
capabilities of defense and security institutions of Ecuador to
conduct national or regional security missions, including
through regular bilateral and multilateral cooperation, foreign
military financing, international military education, and
training programs, consistent with applicable Ecuadorian laws
and regulations;
(10) enhancing port management and maritime security
partnerships to disrupt, degrade, and dismantle transnational
criminal networks and facilitate the legitimate flow of people,
goods, and services; and
(11) strengthening cybersecurity cooperation—
(A) to effectively respond to cybersecurity threats,
including state-sponsored threats;
(B) to share best practices to combat such threats;
(C) to help develop and implement information
architectures that respect individual privacy rights and
reduce the risk that data collected through such systems
will be exploited by malign state and non-state actors;
(D) to strengthen resilience against cyberattacks; and
(E) to strengthen the resilience of critical infrastructure.

H. R. 7776—944
SEC. 5546. STRENGTHENING DEMOCRATIC GOVERNANCE.

(a) STRENGTHENING DEMOCRATIC GOVERNANCE.—The Secretary
of State, in coordination with the Administrator of the United
States Agency for International Development, should develop and
implement initiatives to strengthen democratic governance in
Ecuador by supporting—
(1) measures to improve the capacity of national and subnational government institutions to govern through transparent, inclusive, and democratic processes;
(2) efforts that measurably enhance the capacity of political
actors and parties to strengthen democratic institutions and
the rule of law;
(3) initiatives to strengthen democratic governance,
including combating political, administrative, and judicial
corruption and improving transparency of the administration
of public budgets; and
(4) the efforts of civil society organizations and independent
media—
(A) to conduct oversight of the Government of Ecuador
and the National Assembly of Ecuador;
(B) to promote initiatives that strengthen democratic
governance, anti-corruption standards, and public and private sector transparency; and
(C) to foster political engagement between the Government of Ecuador, including the National Assembly of
Ecuador, and all parts of Ecuadorian society, including
women, indigenous communities, and Afro-Ecuadorian
communities.
(b) LEGISLATIVE STRENGTHENING.—The Administrator of the
United States Agency for International Development, working
through the Consortium for Elections and Political Process
Strengthening or any equivalent or successor mechanism, shall
develop and implement programs to strengthen the National
Assembly of Ecuador by providing training and technical assistance
to—
(1) members and committee offices of the National
Assembly of Ecuador, including the Ethics Committee and
Audit Committee;
(2) assist in the creation of entities that can offer comprehensive and independent research and analysis on legislative and oversight matters pending before the National
Assembly, including budgetary and economic issues; and
(3) improve democratic governance and government transparency, including through effective legislation.
(c) BILATERAL LEGISLATIVE COOPERATION.—To the degree practicable, in implementing the programs required under subsection
(b), the Administrator of the United States Agency for International
Development should facilitate meetings and collaboration between
members of the United States Congress and the National Assembly
of Ecuador.
SEC. 5547. FOSTERING CONSERVATION AND STEWARDSHIP.

The Administrator of the United States Agency for International Development, in coordination with the Secretary of State
and the heads of other relevant Federal departments and agencies,

H. R. 7776—945
shall develop and implement programs and enhance existing programs, as necessary and appropriate, to improve ecosystem conservation and enhance the effective stewardship of Ecuador’s natural resources by—
(1) providing technical assistance to Ecuador’s Ministry
of the Environment to safeguard national parks and protected
forests and protected species, while promoting the participation
of Indigenous communities in this process;
(2) strengthening the capacity of communities to access
the right to prior consultation, encoded in Article 57 of the
Constitution of Ecuador and related laws, executive decrees,
administrative acts, and ministerial regulations;
(3) supporting Indigenous and Afro-Ecuadorian communities as they raise awareness of threats to biodiverse ancestral
lands, including through support for local media in such
communities and technical assistance to monitor illicit activities;
(4) partnering with the Government of Ecuador in support
of reforestation and improving river, lake, and coastal water
quality;
(5) providing assistance to communities affected by illegal
mining and deforestation; and
(6) fostering mechanisms for cooperation on emergency
preparedness and rapid recovery from natural disasters,
including by—
(A) establishing 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; and
(B) training disaster recovery officials on latest techniques and lessons learned from United States experiences.
SEC. 5548. AUTHORIZATION TO TRANSFER EXCESS COAST GUARD VESSELS.

(a) SENSE OF CONGRESS.—It is the sense of Congress that
the United States should undertake efforts to expand cooperation
with the Government of Ecuador to—
(1) ensure protections for the Gala´pagos Marine Reserve;
(2) deter illegal, unreported, and unregulated fishing; and
(3) increase interdiction of narcotics trafficking and other
forms of illicit trafficking.
(b) AUTHORITY TO TRANSFER EXCESS COAST GUARD VESSELS
TO THE GOVERNMENT OF ECUADOR.—The President shall conduct
a joint assessment with the Government of Ecuador to ensure
sufficient capacity exists to maintain Island class cutters. Upon
completion of a favorable assessment, the President is authorized
to transfer up to two ISLAND class cutters to the Government
of Ecuador as excess defense articles pursuant to the authority
of section 516 of the Foreign Assistance Act (22 U.S.C. 2321j).
(c) GRANTS NOT COUNTED IN ANNUAL TOTAL OF TRANSFERRED
EXCESS DEFENSE ARTICLES.—The value of a vessel transferred to
another country on a grant basis pursuant to authority provided
by subsection (b) shall not be counted against the aggregate value
of excess defense articles transferred in any fiscal year under section
516 of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j).
(d) COSTS OF TRANSFERS.—Any expense incurred by the United
States in connection with a transfer authorized by this section

H. R. 7776—946
shall be charged to the recipient notwithstanding section 516(e)
of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j(e)).
(e) REPAIR AND REFURBISHMENT IN UNITED STATES SHIPYARDS.—To the maximum extent practicable, the President shall
require, as a condition of the transfer of a vessel under this section,
that the recipient to which the vessel is transferred have such
repair or refurbishment of the vessel as is needed, before the
vessel joins the naval forces of that recipient, performed at a shipyard located in the United States.
(f) EXPIRATION OF AUTHORITY.—The authority to transfer a
vessel under this section shall expire at the end of the 3-year
period beginning on the date of the enactment of this Act.
SEC. 5549. REPORTING REQUIREMENTS.

(a) SECRETARY OF STATE.—The Secretary of State, in coordination with the heads of other relevant Federal departments and
agencies as described in sections 5543, 5545, and 5546(a), shall—
(1) not later than 180 days after the date of the enactment
of this Act, submit to the appropriate congressional committees
a comprehensive strategy to address the requirements described
in sections 5543, 5545, and 5546(a); and
(2) not later than 2 years and 4 years after submitting
the comprehensive strategy under paragraph (1), submit to
the appropriate congressional committees a report describing
the implementation of the strategy.
(b) ADMINISTRATOR OF THE UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT.—The Administrator of the United States
Agency for International Development, in coordination with the
heads of other relevant Federal departments and agencies as
described in sections 5544, 5546(b), and 5547, shall—
(1) not later than 180 days after the date of the enactment
of this Act, submit to appropriate congressional committees
a comprehensive strategy to address the requirements described
in sections 5544, 5546(b) and 5547; and
(2) not later than 2 years and 4 years after submitting
the comprehensive strategy under paragraph (1), submit to
the appropriate congressional committees a report describing
the implementation of the strategy.
(c) SUBMISSION.—The strategies and reports required under
subsections (a) and (b) may be submitted to the appropriate congressional committees as joint strategies and reports.
(d) APPROPRIATE CONGRESSIONAL COMMITTEES.—In this subtitle, the term ‘‘appropriate congressional committees’’ means the
Committee on Foreign Relations of the Senate and the Committee
on Foreign Affairs and the Committee on Energy and Commerce
of the House of Representatives.
SEC. 5550. SUNSET.

This subtitle shall terminate on the date that is 5 years after
the date of the enactment of this Act.

Subtitle C—FENTANYL Results Act
SEC. 5551. SHORT TITLE.

This subtitle may be cited as the ‘‘Fighting Emerging Narcotics
Through Additional Nations to Yield Lasting Results Act’’ or the
‘‘FENTANYL Results Act’’.

H. R. 7776—947
SEC. 5552. PRIORITIZATION OF EFFORTS OF THE DEPARTMENT OF
STATE TO COMBAT INTERNATIONAL TRAFFICKING IN
COVERED SYNTHETIC DRUGS.

(a) IN GENERAL.—The Secretary of State shall prioritize efforts
of the Department of State to combat international trafficking of
covered synthetic drugs by carrying out programs and activities
to include the following:
(1) Supporting increased data collection by the United
States and foreign countries through increased drug use surveys
among populations, increased use of wastewater testing where
appropriate, and multilateral sharing of that data.
(2) Engaging in increased consultation and partnership
with international drug agencies, including the European Monitoring Centre for Drugs and Drug Addiction, regulatory agencies in foreign countries, and the United Nations Office on
Drugs and Crime.
(3) Carrying out programs to provide technical assistance
and equipment, as appropriate, to strengthen the capacity of
foreign law enforcement agencies with respect to covered synthetic drugs, as required by section 5553.
(4) Carrying out exchange programs for governmental and
nongovernmental personnel in the United States and in foreign
countries to provide educational and professional development
on demand reduction matters relating to the illicit use of covered synthetic drugs and other drugs, as required by section
5554.
(b) REPORT.—
(1) IN GENERAL.—Not later than one year after the date
of the enactment of this Act, the Secretary of State shall submit
to the appropriate congressional committees a report on the
implementation of this section.
(2) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—
In this subsection, the term ‘‘appropriate congressional committees’’ means—
(A) the Committee on Foreign Relations, the Committee on Appropriations, and the Committee on the
Judiciary of the Senate; and
(B) the Committee on Foreign Affairs, the Committee
on Appropriations, and the Committee on the Judiciary
of the House of Representatives.
SEC. 5553. PROGRAM TO PROVIDE ASSISTANCE TO BUILD THE
CAPACITY OF FOREIGN LAW ENFORCEMENT AGENCIES
WITH RESPECT TO COVERED SYNTHETIC DRUGS.

(a) IN GENERAL.—Notwithstanding section 660 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2420), the Secretary of State
shall establish a program to provide assistance to strengthen the
capacity of law enforcement agencies of the countries described
in subsection (c) to help such agencies to identify, track, and improve
their forensics detection capabilities with respect to covered synthetic drugs.
(b) PRIORITY.—The Secretary of State shall prioritize technical
assistance, and the provision of equipment, as appropriate, under
subsection (a) among those countries described in subsection (c)
in which such assistance and equipment would have the most
impact in reducing illicit use of covered synthetic drugs in the
United States.

H. R. 7776—948
(c) COUNTRIES DESCRIBED.—The foreign countries described in
this subsection are—
(1) countries that are producers of covered synthetic drugs;
(2) countries whose pharmaceutical and chemical industries
are known to be exploited for development or procurement
of precursors of covered synthetic drugs; or
(3) major drug-transit countries for covered synthetic drugs
as defined by the Secretary of State.
(d) EXCEPTION.—No assistance may be provided to the People’s
Republic of China or to any of its law enforcement agencies pursuant
to the program authorized by this section.
(e) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to the Secretary of State to carry out this
section $4,000,000 for each of fiscal years 2023 through 2027.
SEC. 5554. EXCHANGE PROGRAM ON DEMAND REDUCTION MATTERS
RELATING TO ILLICIT USE OF COVERED SYNTHETIC
DRUGS.

(a) IN GENERAL.—The Secretary of State shall establish or
continue and strengthen, as appropriate, an exchange program
for governmental and nongovernmental personnel in the United
States and in foreign countries to provide educational and professional development on demand reduction matters relating to the
illicit use of covered synthetic drugs and other drugs.
(b) PROGRAM REQUIREMENTS.—The program required by subsection (a)—
(1) shall be limited to individuals who have expertise and
experience in matters described in subsection (a);
(2) in the case of inbound exchanges, may be carried out
as part of exchange programs and international visitor programs administered by the Bureau of Educational and Cultural
Affairs of the Department of State, including the International
Visitor Leadership Program, in coordination with the Bureau
of International Narcotics and Law Enforcement Affairs; and
(3) shall include outbound exchanges for governmental or
nongovernmental personnel in the United States.
(c) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to the Secretary of State to carry out this
section $1,000,000 for each of fiscal years 2023 through 2027.
SEC. 5555. AMENDMENTS TO INTERNATIONAL NARCOTICS CONTROL
PROGRAM.

(a) INTERNATIONAL NARCOTICS CONTROL STRATEGY REPORT.—
Section 489(a) of the Foreign Assistance Act of 1961 (22 U.S.C.
2291h(a)) is amended—
(1) by redesignating the second paragraph (10) as paragraph (11); and
(2) by adding at the end the following:
‘‘(12) COVERED SYNTHETIC DRUGS AND NEW PSYCHOACTIVE
SUBSTANCES.—
‘‘(A) COVERED SYNTHETIC DRUGS.—Information that
contains an assessment of the countries significantly
involved in the manufacture, production, transshipment,
or trafficking of covered synthetic drugs, to include the
following:
‘‘(i) The scale of legal domestic production and
any available information on the number of manufacturers and producers of such drugs in such countries.

H. R. 7776—949
‘‘(ii) Information on any law enforcement assessments of the scale of illegal production of such drugs,
including a description of the capacity of illegal laboratories to produce such drugs.
‘‘(iii) The types of inputs used and a description
of the primary methods of synthesis employed by illegal
producers of such drugs.
‘‘(iv) An assessment of the policies of such countries
to regulate licit manufacture and interdict illicit manufacture, diversion, distribution, shipment, and trafficking of such drugs and an assessment of the
effectiveness of the policies’ implementation.
‘‘(B) NEW PSYCHOACTIVE SUBSTANCES.—Information on,
to the extent practicable, any policies of responding to
new psychoactive substances, to include the following:
‘‘(i) Which governments have articulated policies
on scheduling of such substances.
‘‘(ii) Any data on impacts of such policies and other
responses to such substances.
‘‘(iii) An assessment of any policies the United
States could adopt to improve its response to new
psychoactive substances.
‘‘(C) DEFINITIONS.—In this paragraph, the terms ‘covered synthetic drug’ and ‘new psychoactive substance’ have
the meaning given those terms in section 5558 of the
FENTANYL Results Act.’’.
(b) DEFINITION OF MAJOR ILLICIT DRUG PRODUCING COUNTRY.—
Section 481(e) of the Foreign Assistance Act of 1961 (22 U.S.C.
2291(e)) is amended—
(1) in paragraph (2)—
(A) in subparagraph (C), by striking ‘‘; or’’ and inserting
a semicolon;
(B) in subparagraph (D), by striking the semicolon
at the end and inserting ‘‘; or’’; and
(C) by adding at the end the following:
‘‘(E) that is a significant direct source of covered synthetic drugs or psychotropic drugs or other controlled substances, including precursor chemicals when those chemicals are used in the production of such drugs and substances, significantly affecting the United States;’’;
(2) by amending paragraph (5) to read as follows:
‘‘(5) the term ‘major drug-transit country’ means a country
through which are transported covered synthetic drugs or
psychotropic drugs or other controlled substances significantly
affecting the United States;’’;
(3) in paragraph (7), by striking ‘‘; and’’ and inserting
a semicolon;
(4) in paragraph (8), by striking the period at the end
and inserting ‘‘; and’’; and
(5) by adding at the end the following:
‘‘(9) the term ‘covered synthetic drug’ has the meaning
given that term in section 5558 of the FENTANYL Results
Act.’’.
SEC. 5556. SENSE OF CONGRESS.

It is the sense of Congress that—

H. R. 7776—950
(1) the President should direct the United States Representative to the United Nations to use the voice, vote, and influence
of the United States at the United Nations to advocate for
more transparent assessments of countries by the International
Narcotics Control Board; and
(2) bilateral, plurilateral, and multilateral international
cooperation is essential to combating the trafficking of covered
synthetic drugs.
SEC. 5557. RULE OF CONSTRUCTION.

Nothing in this subtitle or the amendments made by this subtitle shall be construed to affect the prioritization of extradition
requests.
SEC. 5558. DEFINITIONS.

In this subtitle:
(1) CONTROLLED SUBSTANCE; CONTROLLED SUBSTANCE ANALOGUE.—The terms ‘‘controlled substance’’ and ‘‘controlled substance analogue’’ have the meanings given those terms in section 102 of the Controlled Substances Act (21 U.S.C. 802).
(2) COVERED SYNTHETIC DRUG.—The term ‘‘covered synthetic drug’’ means—
(A) a synthetic controlled substance or synthetic controlled substance analogue, including fentanyl or a fentanyl
analogue; or
(B) a new psychoactive substance.
(3) NEW PSYCHOACTIVE SUBSTANCE.—The term ‘‘new
psychoactive substance’’ means a substance of abuse, or any
preparation thereof, that—
(A) is not—
(i) included in any schedule as a controlled substance under the Controlled Substances Act (21 U.S.C.
801 et seq.); or
(ii) controlled by the Single Convention on Narcotic
Drugs, done at New York March 30, 1961, or the
Convention on Psychotropic Substances, done at
Vienna February 21, 1971;
(B) is new or has reemerged on the illicit market;
and
(C) poses a threat to the public health and safety.

Subtitle D—International Pandemic
Preparedness
SEC. 5559. SHORT TITLE.

This subtitle may be cited as the ‘‘Global Health Security
and International Pandemic Prevention, Preparedness and
Response Act of 2022’’.
SEC. 5560. DEFINITIONS.

In this subtitle:
(1) The term ‘‘appropriate congressional committees’’
means—
(A) the Committee on Foreign Relations of the Senate;
(B) the Committee on Appropriations of the Senate;

H. R. 7776—951
(C) the Committee on Foreign Affairs of the House
of Representatives; and
(D) the Committee on Appropriations of the House
of Representatives.
(2) The terms ‘‘Global Health Security Agenda’’ and
‘‘GHSA’’ mean the multi-sectoral initiative launched in 2014,
and renewed in 2018, that brings together countries, regions,
international organizations, nongovernmental organizations,
and the private sector—
(A) to elevate global health security as a nationallevel priority;
(B) to share best practices; and
(C) to facilitate national capacity to comply with and
adhere to—
(i) the International Health Regulations (2005);
(ii) the international standards and guidelines
established by the World Organisation for Animal
Health;
(iii) United Nations Security Council Resolution
1540 (2004);
(iv) the Convention on the Prohibition of the
Development, Production and Stockpiling of Bacteriological and Toxin Weapons and on their Destruction,
done at Washington, London, and Moscow, April 10,
1972 (commonly referred to as the ‘‘Biological Weapons
Convention’’);
(v) the Global Health Security Agenda 2024
Framework; and
(vi) other relevant frameworks that contribute to
global health security.
(3) The term ‘‘Global Health Security Index’’ means the
comprehensive assessment and benchmarking of health security
and related capabilities across the countries that make up
the States Parties to the International Health Regulations
(2005).
(4) The term ‘‘Global Health Security Initiative’’ means
the informal network of countries and organizations that came
together in 2001, to undertake concerted global action to
strengthen public health preparedness and response to chemical, biological, radiological, and nuclear threats, including pandemic influenza.
(5) The term ‘‘IHR (2005) Monitoring and Evaluation
Framework’’ means the framework through which the World
Health Organization and the State Parties to the International
Health Regulations, as amended in 2005, review, measure,
and assess core country public health capacities and ensure
mutual accountability for global health security under the International Health Regulations (2005), including through the Joint
External Evaluations, simulation exercises, and after-action
reviews.
(6) The term ‘‘Joint External Evaluation’’ means the voluntary, collaborative, multi-sectoral process facilitated by the
World Health Organization—
(A) to assess country capacity to prevent, detect, and
rapidly respond to public health risks occurring naturally
or due to deliberate or accidental events;

H. R. 7776—952
(B) to assess progress in achieving the targets under
the International Health Regulations (2005); and
(C) to recommend priority actions.
(7) The term ‘‘key stakeholders’’ means actors engaged
in efforts to advance global health security programs and objectives, including—
(A) national and local governments in partner countries;
(B) other bilateral donors;
(C) international, regional, and local organizations,
including private, voluntary, nongovernmental, and civil
society organizations, including faith-based and indigenous
organizations;
(D) international, regional, and local financial institutions;
(E) representatives of historically marginalized groups,
including women, youth, and indigenous peoples;
(F) the private sector, including medical device, technology, pharmaceutical, manufacturing, logistics, and other
relevant companies; and
(G) public and private research and academic institutions.
(8) The term ‘‘One Health approach’’ means the collaborative, multi-sectoral, and transdisciplinary approach toward
achieving optimal health outcomes in a manner that recognizes
the interconnection between people, animals, plants, and their
shared environment.
(9) The term ‘‘pandemic preparedness’’ refers to the actions
taken to establish and sustain the capacity and capabilities
necessary to rapidly identify, prevent, protect against, and
respond to the emergence, reemergence, and spread of pathogens of pandemic potential.
(10) The term ‘‘partner country’’ means a foreign country
in which the relevant Federal departments and agencies are
implementing United States foreign assistance for global health
security and pandemic prevention, preparedness, and response
under this subtitle.
(11) The term ‘‘relevant Federal departments and agencies’’
means any Federal department or agency implementing United
States policies and programs relevant to the advancement of
United States global health security and diplomacy overseas,
which may include—
(A) the Department of State;
(B) the United States Agency for International
Development;
(C) the Department of Health and Human Services;
(D) the Department of Defense;
(E) the Defense Threat Reduction Agency;
(F) the Millennium Challenge Corporation;
(G) the Development Finance Corporation;
(H) the Peace Corps; and
(I) any other department or agency that the President
determines to be relevant for these purposes.
(12) The term ‘‘resilience’’ means the ability of people,
households, communities, systems, institutions, countries, and
regions to reduce, mitigate, withstand, adapt to, and quickly
recover from shocks and stresses in a manner that reduces

H. R. 7776—953
chronic vulnerability to the emergence, reemergence, and
spread of pathogens of pandemic potential and facilitates inclusive growth.
(13) The terms ‘‘respond’’ and ‘‘response’’ mean the actions
taken to counter an infectious disease.
(14) The term ‘‘USAID’’ means the United States Agency
for International Development.
SEC.

5561.

ENHANCING THE UNITED
RESPONSE TO PANDEMICS.

STATES’

INTERNATIONAL

(a) LEVERAGING UNITED STATES BILATERAL GLOBAL HEALTH
PROGRAMS FOR INTERNATIONAL PANDEMIC RESPONSE.—Subject to
the notification requirements under section 634A of the Foreign
Assistance Act of 1961 (22 U.S.C. 2394–1), amounts authorized
to be appropriated or otherwise made available to carry out section
104 of the Foreign Assistance Act (22 U.S.C. 2151b) may be used
in countries receiving such United States foreign assistance for
the purpose of—
(1) strengthening vaccine readiness;
(2) reducing vaccine hesitancy;
(3) delivering and administering vaccines;
(4) strengthening health systems and global supply chains
as necessary for global health security and pandemic preparedness, prevention, and response;
(5) supporting global health workforce planning, training,
and management for pandemic preparedness, prevention, and
response;
(6) enhancing transparency, quality, and reliability of
public health data;
(7) increasing bidirectional testing, including screening for
symptomatic and asymptomatic cases; and
(8) building laboratory capacity.
(b) ROLES OF THE DEPARTMENT OF STATE, USAID, AND THE
DEPARTMENT OF HEALTH AND HUMAN SERVICES IN INTERNATIONAL
PANDEMIC RESPONSE.—
(1) FINDING.—Congress finds that different outbreaks of
infectious disease threats may require flexibility and changes
to the designated roles and responsibilities of relevant Federal
departments and agencies.
(2) LEAD AGENCIES FOR COORDINATION OF THE UNITED
STATES’ INTERNATIONAL RESPONSE TO INFECTIOUS DISEASE OUTBREAKS WITH SEVERE OR PANDEMIC POTENTIAL.—The President
shall identify the relevant Federal departments and agencies,
including the Department of State, USAID, and the Department
of Health and Human Services (including the Centers for Disease Control and Prevention), leading specific aspects of the
United States international operational response to outbreaks
of emerging high-consequence infectious disease threats in
accordance with federal law.
(3) NOTIFICATION.—Not later than 120 days after the date
of the enactment of this Act, and regularly thereafter as appropriate, the President shall notify the appropriate congressional
committees, the Committee on Health, Education, Labor, and
Pensions of the Senate, and the Committee on Energy and
Commerce of the House of Representatives of the roles and
responsibilities of each relevant Federal department and agency
with respect to the international operational response to the

H. R. 7776—954
outbreak of an emerging high-consequence infectious disease
threat.
(c) USAID DISASTER SURGE CAPACITY.—
(1) DISASTER SURGE CAPACITY.—The Administrator of the
USAID is authorized to expend funds made available to carry
out part I and chapter 4 of part II of the Foreign Assistance
Act of 1961 (22 U.S.C. 2151 and 2346), including funds made
available for ‘‘Assistance for Europe, Eurasia and Central Asia’’,
in addition to amounts otherwise made available for such purposes, for the cost (including support costs) of individuals
detailed to or employed by USAID whose primary responsibility
is to carry out programs to address global health emergencies
and natural or manmade disasters.
(2) NOTIFICATION.—Not later than 15 days before making
funds available to address manmade disasters pursuant to paragraph (1), the Secretary of State or the Administrator of the
USAID shall notify the appropriate congressional committees
of such intended action.
SEC. 5562. INTERNATIONAL PANDEMIC PREVENTION AND PREPAREDNESS.

(a) UNITED STATES INTERNATIONAL ACTIVITIES TO ADVANCE
GLOBAL HEALTH SECURITY AND DIPLOMACY STRATEGY AND
REPORT.—
(1) IN GENERAL.—The President shall develop, update,
maintain, and advance a comprehensive strategy for improving
United States global health security and diplomacy for pandemic prevention, preparedness, and response which, consistent
with the purposes of this subtitle, shall—
(A) clearly articulate United States policy goals related
to pandemic prevention, preparedness, and response,
including through actions to strengthen diplomatic leadership and the effectiveness of United States foreign policy
and international preparedness assistance for global health
security through advancement of a One Health approach,
the Global Health Security Agenda, the International
Health Regulations (2005), and other relevant frameworks
that contribute to pandemic prevention and preparedness;
(B) establish specific and measurable goals, benchmarks, timetables, performance metrics, and monitoring
and evaluation plans for United States foreign policy and
assistance for global health security that promote learning
and adaptation and reflect international best practices
relating to global health security, transparency, and
accountability;
(C) establish transparent mechanisms to improve
coordination and avoid duplication of effort between and
among the relevant Federal departments and agencies,
partner countries, donor countries, the private sector,
multilateral organizations, and other key stakeholders;
(D) prioritize working with partner countries with—
(i) demonstrated need, as identified through the
Joint External Evaluation process, the Global Health
Security Index classification of health systems,
national action plans for health security, Global Health
Security Agenda, other risk-based assessments, and

H. R. 7776—955
complementary or successor indicators of global health
security and pandemic preparedness; and
(ii) demonstrated commitment to transparency,
including budget and global health data transparency,
complying with the International Health Regulations
(2005), investing in domestic health systems, and
achieving measurable results;
(E) reduce long-term reliance upon United States foreign assistance for global health security by—
(i) ensuring that United States global health
assistance authorized under this subtitle is strategically planned and coordinated in a manner that
delivers immediate impact and contributes to enduring
results, including through efforts to enhance community capacity and resilience to infectious disease
threats and emergencies; and
(ii) ensuring partner country ownership of global
health security strategies, data, programs, and outcomes and improved domestic resource mobilization,
co-financing, and appropriate national budget allocations for global health security and pandemic prevention, preparedness, and response;
(F) assist partner countries in building the technical
capacity of relevant ministries, systems, and networks to
prepare, execute, monitor, and evaluate national action
plans for global health security and pandemic prevention,
preparedness, and response that are developed with input
from key stakeholders, including mechanism to enhance
budget and global health data transparency, as necessary
and appropriate;
(G) support and align United States foreign assistance
authorized under this subtitle with such national action
plans for health security and pandemic prevention,
preparedness, and response, as appropriate;
(H) facilitate communication and collaboration, as
appropriate, among local stakeholders in support of
country-led strategies and initiatives to better identify and
prevent health impacts related to the emergence,
reemergence, and spread of zoonoses;
(I) support the long-term success of programs by
building the pandemic preparedness capacity of local
organizations and institutions in target countries and
communities;
(J) develop community resilience to infectious disease
threats and emergencies;
(K) support global health budget and workforce planning in partner countries, consistent with the purposes
of this subtitle, including training in financial management
and budget and global health data transparency;
(L) strengthen linkages between complementary
bilateral and multilateral foreign assistance programs,
including efforts of the World Bank, the World Health
Organization, the Global Fund to Fight AIDS, Tuberculosis,
and Malaria, and Gavi, the Vaccine Alliance, that contribute to the development of more resilient health systems
and global supply chains for global health security and
pandemic prevention, preparedness, and response in

H. R. 7776—956
partner countries with the capacity, resources, and personnel required to prevent, detect, and respond to infectious
disease threats; and
(M) support innovation and partnerships with the private sector, health organizations, civil society, nongovernmental, faith-based and indigenous organizations, and
health research and academic institutions to improve pandemic prevention, preparedness, and response, including
for the development and deployment of effective and accessible infectious disease tracking tools, diagnostics, therapeutics, and vaccines.
(2) SUBMISSION OF STRATEGY.—
(A) IN GENERAL.—Not later than 180 days after the
date of the enactment of this Act, the President, in consultation with the heads of the relevant Federal departments and agencies, shall submit the strategy required
under paragraph (1) to—
(i) the appropriate congressional committees;
(ii) the Committee on Health, Education, Labor,
and Pensions of the Senate; and
(iii) the Committee on Energy and Commerce of
the House of Representatives.
(B) AGENCY-SPECIFIC PLANS.—The strategy required
under paragraph (1) shall include specific implementation
plans from each relevant Federal department and agency
that describe—
(i) the anticipated contributions of the Federal
department or agency, including technical, financial,
and in-kind contributions, to implement the strategy;
and
(ii) the efforts of the Federal department or agency
to ensure that the activities and programs carried out
pursuant to the strategy are designed to achieve maximum impact and long-term sustainability.
(3) ANNUAL REPORT.—
(A) IN GENERAL.—Not later than 1 year after the
submission of the strategy pursuant to paragraph (2)(A),
and not later than October 1 of each year thereafter, the
President shall submit to the committees listed in such
paragraph a report that describes the status of the
implementation of such strategy.
(B) CONTENTS.—Each report submitted pursuant to
subparagraph (A) shall—
(i) identify any substantial changes made to the
strategy during the preceding calendar year;
(ii) describe the progress made in implementing
the strategy, including specific information related to
the progress toward improving countries’ ability to
detect, prevent, and respond to infectious disease
threats;
(iii) identify—
(I) the indicators used to establish benchmarks
and measure results over time; and
(II) the mechanisms for reporting such results
in an open and transparent manner;

H. R. 7776—957
(iv) contain a transparent, open, and detailed
accounting of obligations by relevant Federal departments and agencies to implement the strategy,
including, to the extent practicable, for each such Federal department and agency, the statutory source of
obligated funds, the amounts obligated, implementing
partners and sub-partners, targeted beneficiaries, and
activities supported;
(v) the efforts of the relevant Federal department
or agency to ensure that the activities and programs
carried out pursuant to the strategy are designed to
achieve maximum impact and enduring results,
including through specific activities to strengthen
health systems for global health security and pandemic
prevention, preparedness, and response, as appropriate;
(vi) assess efforts to coordinate United States
global health security programs, activities, and initiatives with key stakeholders;
(vii) incorporate a plan for regularly reviewing and
updating strategies, partnerships, and programs and
sharing lessons learned with a wide range of stakeholders in an open, transparent manner; and
(viii) describe the progress achieved and challenges
concerning the United States Government’s ability to
advance the Global Health Security Agenda and pandemic preparedness, including data disaggregated by
priority country using indicators that are consistent
on a year-to-year basis and recommendations to
resolve, mitigate, or otherwise address the challenges
identified through such indicators.
(C) FORM.—The strategy and reports required under
this subsection shall be submitted in unclassified form,
but may contain a classified annex.
(b) UNITED STATES COORDINATOR FOR GLOBAL HEALTH SECURITY.—The President shall designate an appropriate senior official
to be the United States Coordinator for Global Health Security,
who shall be responsible for the coordination of the Global Health
Security Agenda Interagency Review Council and who should—
(1) have significant background and expertise in public
health, health security, and emergency response management;
(2) coordinate, through a whole-of-government approach,
the efforts of relevant Federal departments and agencies to
implement the strategy under subsection (a); and
(3) seek to fully use the unique capabilities of each relevant
Federal department and agency and ensure effective and appropriate United States representation at relevant international
forums, while collaborating with and leveraging the contributions of other key stakeholders.
(c) AMBASSADOR-AT-LARGE FOR GLOBAL HEALTH SECURITY AND
DIPLOMACY.—
(1) ESTABLISHMENT.—There is established, within the
Department of State, the position of Ambassador-At-Large for
Global Health Security and Diplomacy (referred to in this section as the ‘‘Ambassador-At-Large’’).
(2) APPOINTMENT; QUALIFICATIONS.—The Ambassador-AtLarge—

H. R. 7776—958
(A) shall be appointed by the President, by and with
the advice and consent of the Senate;
(B) shall report to the Secretary of State; and
(C) shall have—
(i) demonstrated knowledge and experience in the
field of health security, development, public health,
epidemiology, or medicine; and
(ii) relevant diplomatic, policy, and political expertise.
(3) AUTHORITIES.—The Ambassador-At-Large may—
(A) operate internationally to carry out the purposes
of this section;
(B) ensure effective coordination, management, and
oversight of United States foreign policy, diplomatic efforts,
and foreign assistance funded with amounts authorized
to be appropriated pursuant to section 5564(a) that are
used by the Department of State to advance the relevant
elements of the United States global health security and
diplomacy strategy developed pursuant to subsection (a)
by—
(i) developing and updating, as appropriate, in
collaboration with the Administrator of the USAID
and the Secretary of Health and Human Services,
related policy guidance and unified auditing, monitoring, and evaluation plans;
(ii) avoiding duplication of effort and collaborating
with other relevant Federal departments and agencies;
(iii) leading, in collaboration with the Secretary
of Health and Human Services, the Administrator of
the USAID, and other relevant Federal departments
and agencies, diplomatic efforts to identify and address
current and emerging threats to global health security;
(iv) working to enhance coordination with, and
transparency among, the governments of partner countries and key stakeholders, including the private sector;
(v) promoting greater donor and national investment in partner countries to build health systems and
supply chains for global health security and pandemic
prevention and preparedness;
(vi) securing bilateral and multilateral financing
commitments to advance the Global Health Security
Agenda, in coordination with relevant Federal departments and agencies, including through funding for the
Financial Intermediary Fund for Pandemic Prevention,
Preparedness, and Response; and
(vii) providing regular updates to the appropriate
congressional committees, the Committee on Health,
Education, Labor, and Pensions of the Senate, and
the Committee on Energy and Commerce of the House
of Representatives regarding the fulfillment of the
activities described in this paragraph;
(C) ensure, in collaboration with the Secretary of the
Treasury, the Secretary of Health and Human Services,
and the Administrator of the USAID, effective representation of the United States in the Financial Intermediary
Fund for Pandemic Prevention, Preparedness, and
Response;

H. R. 7776—959
(D) use detailees, on a reimbursable or nonreimbursable basis, from relevant Federal departments and agencies
and hire personal service contractors, who may operate
domestically and internationally, to ensure that the Ambassador-At-Large has access to the highest quality experts
available to the United States Government to carry out
the functions under this subtitle; and
(E) perform such other functions as the Secretary of
State may assign.
(d) STRENGTHENING HEALTH SYSTEMS FOR GLOBAL HEALTH
SECURITY AND PANDEMIC PREVENTION AND PREPAREDNESS.—
(1) STATEMENT OF POLICY.—It is the policy of the United
States to ensure that bilateral global health assistance programs are effectively managed and coordinated, as necessary
and appropriate to achieve the purposes of this subtitle, to
contribute to the strengthening of health systems for global
health security and pandemic prevention, preparedness, and
response in each country in which such programs are carried
out.
(2) COORDINATION.—The Administrator of the USAID shall
work with the Global Malaria Coordinator, the Coordinator
of United States Government Activities to Combat HIV/AIDS
Globally, the Ambassador-at-Large for Global Health Security
and Diplomacy at the Department of State, and the Secretary
of Health and Human Services, to identify areas of collaboration
and coordination in countries with global health programs and
activities undertaken by the USAID pursuant to the United
States Leadership Against HIV/AIDS, Tuberculosis, and
Malaria Act of 2003 (Public Law 108–25) and other relevant
provisions of law, to ensure that such activities contribute
to the strengthening of health systems for global health security
and pandemic prevention and preparedness.
(e) COORDINATION FOR INTERNATIONAL PANDEMIC EARLY
WARNING NETWORK.—
(1) SENSE OF CONGRESS.—It is the sense of Congress that
the Secretary of Health and Human Services, in coordination
with the Secretary of State, the USAID Administrator, the
Director of the Centers for Disease Control and Prevention,
and the heads of the other relevant Federal departments and
agencies, should work with the World Health Organization
and other key stakeholders to establish or strengthen effective
early warning systems, at the partner country, regional, and
international levels, that utilize innovative information and
analytical tools and robust review processes to track, document,
analyze, and forecast infectious disease threats with epidemic
and pandemic potential.
(2) REPORT.—Not later than 1 year after the date of the
enactment of this Act, and annually thereafter for the following
4 years, the Secretary of Health and Human Services, in
coordination with the Secretary of State and the heads of
the other relevant Federal departments and agencies, shall
submit a report to the appropriate congressional committees,
the Committee on Health, Education, Labor, and Pensions of
the Senate, and the Committee on Energy and Commerce of
the House of Representatives that describes United States
Government efforts and opportunities to establish or strengthen

H. R. 7776—960
effective early warning systems to detect infectious disease
threats internationally.
(f) INTERNATIONAL EMERGENCY OPERATIONS.—
(1) SENSE OF CONGRESS.—It is the sense of Congress that
it is essential to enhance the capacity of key stakeholders
to effectively operationalize early warning and execute multisectoral emergency operations during an infectious disease outbreak, particularly in countries and areas that deliberately
withhold critical global health data and delay access during
an infectious disease outbreak, in advance of the next infectious
disease outbreak with pandemic potential.
(2) PUBLIC HEALTH EMERGENCIES OF INTERNATIONAL CONCERN.—The Secretary of Health and Human Services, in
coordination with the Secretary of State, should work with
the World Health Organization and like-minded member states
to adopt an approach toward assessing infectious disease
threats under the International Health Regulations (2005) for
the World Health Organization to identify and transparently
communicate, on an ongoing basis, varying levels of risk leading
up to a declaration by the Director General of the World Health
Organization of a Public Health Emergency of International
Concern for the duration and in the aftermath of such declaration.
(3) EMERGENCY OPERATIONS.—The Secretary of Health and
Human Services, in coordination with the Secretary of State,
the Administrator of the USAID, the Director of the Centers
for Disease Control and Prevention, and the heads of other
relevant Federal departments and agencies and consistent with
the requirements under the International Health Regulations
(2005) and the objectives of the World Health Organization’s
Health Emergencies Programme, the Global Health Security
Agenda, and national actions plans for health security, should
work, in cooperation with the World Health Organization, with
partner countries, and other key stakeholders, to support the
establishment, strengthening, and rapid response capacity of
global health emergency operations centers, at the partner
country and international levels, including efforts—
(A) to collect and share de-identified public health data,
assess risk, and operationalize early warning;
(B) to secure, including through utilization of standby arrangements and emergency funding mechanisms, the
staff, systems, and resources necessary to execute crosssectoral emergency operations during the 48-hour period
immediately following an infectious disease outbreak with
pandemic potential; and
(C) to organize and conduct emergency simulations.
SEC. 5563. FINANCIAL INTERMEDIARY FUND FOR PANDEMIC PREVENTION, PREPAREDNESS, AND RESPONSE.

(a) IN GENERAL.—
(1) FINDING.—Congress finds that the Financial Intermediary Fund for Pandemic Prevention, Preparedness, and
Response (referred to in this section as the ‘‘Fund’’) was established in September 2022 by donor countries, relevant United
Nations agencies, including the World Health Organization,

H. R. 7776—961
and other key multilateral stakeholders as a multilateral, catalytic financing mechanism for pandemic prevention and
preparedness.
(2) OBJECTIVES.—The objectives of the Fund are—
(A) closing critical gaps in pandemic prevention and
preparedness; and
(B) working with, and building the capacity of, eligible
partner countries in the areas of global health security,
infectious disease control, and pandemic prevention and
preparedness in order to—
(i) prioritize capacity building and financing availability in eligible partner countries;
(ii) incentivize countries to prioritize the use of
domestic resources for global health security and pandemic prevention and preparedness;
(iii) leverage governmental, nongovernmental, and
private sector investments;
(iv) regularly respond to and evaluate progress
based on clear metrics and benchmarks, such as those
developed through the IHR (2005) Monitoring and
Evaluation Framework and the Global Health Security
Index;
(v) align with and complement ongoing bilateral
and multilateral efforts and financing, including
through the World Bank, the World Health Organization, the Global Fund to Fight AIDS, Tuberculosis,
and Malaria, the Coalition for Epidemic Preparedness
and Innovation, and Gavi, the Vaccine Alliance; and
(vi) help countries accelerate and achieve compliance with the International Health Regulations (2005)
and fulfill the Global Health Security Agenda 2024
Framework not later than 8 years after the date on
which the Fund is established, in coordination with
the ongoing Joint External Evaluation national action
planning process.
(3) GOVERNING BOARD.—
(A) IN GENERAL.—The Fund should be governed by
a transparent, representative, and accountable body
(referred to in this section as the ‘‘Governing Board’’), which
should—
(i) function as a partnership with, and through
full engagement by, donor governments, eligible
partner countries, and independent civil society; and
(ii) be composed of not more than 25 representatives of governments, foundations, academic institutions, independent civil society, indigenous people,
vulnerable communities, frontline health workers, and
the private sector with demonstrated commitment to
carrying out the purposes of the Fund and upholding
transparency and accountability requirements.
(B) DUTIES.—The Governing Board should—
(i) be charged with approving strategies, operations, and grant making authorities such that it is
able to conduct effective fiduciary, monitoring, and
evaluation efforts, and other oversight functions;
(ii) determine operational procedures to enable the
Fund to effectively fulfill its mission;

H. R. 7776—962
(iii) provide oversight and accountability for the
Fund in collaboration with a qualified and independent
Inspector General;
(iv) develop and utilize a mechanism to obtain
formal input from eligible partner countries, independent civil society, and implementing entities relative to program design, review, and implementation
and associated lessons learned; and
(v) coordinate and align with other multilateral
financing and technical assistance activities, and with
the activities of the United States and other nations
leading pandemic prevention, preparedness, and
response activities in partner countries, as appropriate.
(C) COMPOSITION.—The Governing Board should
include—
(i) representatives of the governments of founding
member countries who, in addition to meeting the
requirements under subparagraph (A), qualify based
upon—
(I) meeting an established initial contribution
threshold, which should be not less than 10 percent
of the country’s total initial contributions; and
(II) demonstrating a commitment to supporting the International Health Regulations
(2005);
(ii) a geographically diverse group of members from
donor countries, academic institutions, independent
civil society, including faith-based and indigenous
organizations, and the private sector who are selected
on the basis of their experience and commitment to
innovation, best practices, and the advancement of
global health security objectives; and
(iii) representatives of the World Health Organization, to serve in an observer status.
(D) CONTRIBUTIONS.—Each government or private
sector foundation or for-profit entity represented on the
Governing Board should agree to make annual contributions to the Fund in an amount that is not less than
the minimum amount determined by the Governing Board.
(E) QUALIFICATIONS.—Individuals appointed to the
Governing Board should have demonstrated knowledge and
experience across a variety of sectors, including human
and animal health, agriculture, development, defense,
finance, research, and academia.
(F) CONFLICTS OF INTEREST.—All Governing Board
members should be required to recuse themselves from
matters presenting conflicts of interest, including financing
decisions relating to such countries, bodies, and institutions.
(G) REMOVAL PROCEDURES.—The Fund should establish
procedures for the removal of members of the Governing
Board who—
(i) engage in a consistent pattern of human rights
abuses;
(ii) fail to uphold global health data transparency
requirements; or

H. R. 7776—963
(iii) otherwise violate the established standards
of the Fund, including in relation to corruption.
(b) AUTHORITY FOR UNITED STATES PARTICIPATION.—
(1) FOUNDING MEMBER.—The United States is authorized
to participate in the Fund and shall be represented on the
Governing Board by an officer or employee of the United States
Government who has been appointed by the President (referred
in this section as the ‘‘FIF Representative’’).
(2) EFFECTIVE DATE; TERMINATION DATE.—
(A) EFFECTIVE DATE.—This subsection shall take effect
on the date on which the Secretary of State submits to
Congress a certified copy of the agreement establishing
the Fund.
(B) TERMINATION DATE.—The membership authorized
under paragraph (1) shall terminate on the date on which
the Fund is terminated.
(3) ENFORCEABILITY.—Any agreement concluded under the
authorities provided under this subsection shall be legally effective and binding upon the United States, in accordance with
the terms of the agreement—
(A) upon the enactment of appropriate implementing
legislation that provides for the approval of the specific
agreement or agreements, including attachments, annexes,
and supporting documentation, as appropriate; or
(B) if concluded and submitted as a treaty, upon the
approval by the Senate of the resolution of ratification
of such treaty.
(c) IMPLEMENTATION OF PROGRAM OBJECTIVES.—In carrying out
the objectives described in subsection (a)(2), the Fund should work
to eliminate duplication and waste by upholding strict transparency
and accountability standards and coordinating its programs and
activities with key partners working to advance pandemic prevention and preparedness.
(d) PRIORITY COUNTRIES.—In providing assistance under this
section, the Fund should give priority to low- and lower middleincome countries with—
(1) low scores on the Global Health Security Index classification of health systems;
(2) measurable gaps in global health security and pandemic
prevention and preparedness identified under the IHR (2005)
Monitoring and Evaluation Framework and national action
plans for health security;
(3) demonstrated political and financial commitment to
pandemic prevention and preparedness; and
(4) demonstrated commitment to—
(A) upholding global health budget and data transparency and accountability standards;
(B) complying with the International Health Regulations (2005);
(C) investing in domestic health systems; and
(D) achieving measurable results.
(e) ACCOUNTABILITY; CONFLICTS OF INTEREST; CRITERIA FOR
PROGRAMS.—The FIF Representative shall—
(1) take such actions as may be necessary to ensure that
the Fund will have in effect adequate procedures and standards
to account for and monitor the use of funds contributed to
the Fund, including the cost of administering the Fund, by—

H. R. 7776—964
(A) engaging Fund stakeholders; and
(B) actively promoting transparency and accountability
of Fund governance and operations;
(2) seek to ensure there is agreement to put in place
a conflict of interest policy to ensure fairness and a high
standard of ethical conduct in the Fund’s decision-making processes, including proactive procedures to screen staff for conflicts
of interest and measures to address any conflicts, such as—
(A) potential divestments of interests;
(B) prohibition from engaging in certain activities;
(C) recusal from certain decision-making and administrative processes; and
(D) representation by an alternate board member; and
(3) seek agreement on the criteria that should be used
to determine the programs and activities that should be assisted
by the Fund.
(f) SELECTION OF PARTNER COUNTRIES, PROJECTS, AND RECIPIENTS.—The Governing Board should establish—
(1) eligible partner country selection criteria, including
transparent metrics to measure and assess global health security and pandemic prevention and preparedness strengths and
vulnerabilities in countries seeking assistance;
(2) minimum standards for ensuring eligible partner
country ownership and commitment to long-term results,
including requirements for domestic budgeting, resource
mobilization, and co-investment;
(3) criteria for the selection of projects to receive support
from the Fund;
(4) standards and criteria regarding qualifications of recipients of such support; and
(5) such rules and procedures as may be necessary—
(A) for cost-effective management of the Fund; and
(B) to ensure transparency and accountability in the
grant-making process.
(g) ADDITIONAL TRANSPARENCY AND ACCOUNTABILITY REQUIREMENTS.—
(1) INSPECTOR GENERAL.—The FIF Representative shall
seek to ensure that the Fund maintains an independent Office
of the Inspector General that—
(A) is fully enabled to operate independently and transparently;
(B) is supported by and with the requisite resources
and capacity to regularly conduct and publish, on a publicly
accessible website, rigorous financial, programmatic, and
reporting audits and investigations of the Fund and its
grantees, including subgrantees; and
(C) establishes an investigative unit that—
(i) develops an oversight mechanism to ensure that
grant funds are not diverted to illicit or corrupt purposes or activities; and
(ii) submits an annual report to the Governing
Board describing its activities, investigations, and
results.
(2) SENSE OF CONGRESS ON CORRUPTION.—It is the sense
of Congress that—

H. R. 7776—965
(A) corruption within global health programs contribute directly to the loss of human life and cannot be
tolerated; and
(B) in making financial recoveries relating to a corrupt
act or criminal conduct committed by a grant recipient,
as determined by the Inspector General described in paragraph (1), the responsible grant recipient should be
assessed at a recovery rate of up to 150 percent of such
loss.
(3) ADMINISTRATIVE EXPENSES; FINANCIAL TRACKING SYSTEMS.—The FIF Representative shall seek to ensure that the
Fund establishes, maintains, and makes publicly available a
system to track—
(A) the administrative and management costs of the
Fund on a quarterly basis; and
(B) the amount of funds disbursed to each grant
recipient and subrecipient during each grant’s fiscal cycle.
(4) EXEMPTION FROM DUTIES AND TAXES.—The FIF Representative should seek to ensure that the Fund adopts rules
that condition grants upon agreement by the relevant national
authorities in an eligible partner country to exempt from duties
and taxes all products financed by such grants, including
procurements by any principal or subrecipient for the purpose
of carrying out such grants.
(h) REPORTS TO CONGRESS.—
(1) ANNUAL REPORT.—
(A) IN GENERAL.—Not later than 180 days after the
date of the enactment of this Act, and annually thereafter
for the duration of the Fund, the Secretary of State, in
collaboration with the Administrator of the USAID and
the heads of other relevant Federal departments and agencies, shall submit a report on the activities of the Fund
to the appropriate congressional committees.
(B) REPORT ELEMENTS.—Each report required under
subparagraph (A) shall describe—
(i) the goals of the Fund;
(ii) the programs, projects, and activities supported
by the Fund;
(iii) private and governmental contributions to the
Fund; and
(iv) the criteria utilized to determine the programs
and activities that should be assisted by the Fund,
including baselines, targets, desired outcomes, measurable goals, and extent to which those goals are being
achieved.
(2) GAO REPORT ON EFFECTIVENESS.—Not later than 2
years after the date on which the Fund is established, the
Comptroller General of the United States shall submit a report
to the appropriate congressional committees that evaluates the
effectiveness of the Fund, including—
(A) the effectiveness of the programs, projects, and
activities supported by the Fund; and
(B) an assessment of the merits of continued United
States participation in the Fund.
(i) UNITED STATES CONTRIBUTIONS.—
(1) IN GENERAL.—Subject to paragraph (4)(C), the President
may provide contributions to the Fund.

H. R. 7776—966
(2) NOTIFICATION.—The Secretary of State, the Administrator of the USAID, or the head of any other relevant Federal
department or agency shall submit a notification to the appropriate congressional committees not later than 15 days before
making a contribution to the Fund that identifies—
(A) the amount of the proposed contribution;
(B) the total of funds contributed by other donors;
and
(C) the national interests served by United States
participation in the Fund.
(3) LIMITATION.—During the 5-year period beginning on
the date of the enactment of this Act, the cumulative total
of United States contributions to the Fund may not exceed
33 percent of the total contributions to the Fund from all
sources.
(4) WITHHOLDINGS.—
(A) SUPPORT FOR ACTS OF INTERNATIONAL TERRORISM.—
If the Secretary of State determines that the Fund has
provided assistance to a country, the government of which
the Secretary of State has determined, for purposes of
section 620A of the Foreign Assistance Act of 1961 (22
U.S.C. 2371) has repeatedly provided support for acts of
international terrorism, the United States shall withhold
from its contribution to the Fund for the next fiscal year
an amount equal to the amount expended by the Fund
to the government of such country.
(B) EXCESSIVE SALARIES.—If the Secretary of State
determines that the salary during any of the first 5 fiscal
years beginning after the date of the enactment of this
Act of any individual employed by the Fund exceeds the
salary of the Vice President of the United States for such
fiscal year, the United States should withhold from its
contribution for the following fiscal year an amount equal
to the aggregate difference between the 2 salaries.
(C) ACCOUNTABILITY CERTIFICATION REQUIREMENT.—
The Secretary of State may withhold not more than 20
percent of planned United States contributions to the Fund
until the Secretary certifies to the appropriate congressional committees that the Fund has established procedures
to provide access by the Office of Inspector General of
the Department of State, as cognizant Inspector General,
the Inspector General of the Department of Health and
Human Services, the USAID Inspector General, and the
Comptroller General of the United States to the Fund’s
financial data and other information relevant to United
States contributions to the Fund (as determined by the
Inspector General of the Department of State, in consultation with the Secretary of State).
SEC. 5564. GENERAL PROVISIONS.

(a) AUTHORIZATION OF APPROPRIATIONS.—
(1) IN GENERAL.—There is authorized to be appropriated
$5,000,000,000 for the 5-year period beginning on October 1,
2022 to carry out the purposes of sections 5562 and 5563,
which may be in addition to amounts otherwise made available

H. R. 7776—967
for such purposes, in consultation with the appropriate congressional committees and subject to the requirements under chapters 1 and 10 of part I and section 634A of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.).
(2) EXCEPTION.—Section 110 of the Trafficking Victims
Protection Act of 2000 (22 U.S.C. 7107) shall not apply with
respect to assistance made available under this subtitle.
(b) COMPLIANCE WITH THE FOREIGN AID TRANSPARENCY AND
ACCOUNTABILITY ACT OF 2016.—Section 2(3) of the Foreign Aid
Transparency and Accountability Act of 2016 (Public Law 114–
191; 22 U.S.C. 2394c note) is amended—
(1) in subparagraph (D), by striking ‘‘and’’ at the end;
(2) in subparagraph (E), by striking the period at the
end and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(F) the Global Health Security and International Pandemic Prevention, Preparedness and Response Act of
2022.’’.
SEC. 5565. SUNSET.

This subtitle shall cease to be effective on September 30, 2027.
SEC. 5566. RULE OF CONSTRUCTION.

Nothing in this subtitle may be construed to impair or otherwise
affect the authorities granted to the Administrator of the USAID,
the Secretary of Health and Human Services, or the head of any
other Federal department or agency under any applicable law.

Subtitle E—Burma Act of 2022
SEC. 5567. SHORT TITLE.

This subtitle may be cited as the ‘‘Burma Unified through
Rigorous Military Accountability Act of 2022’’ or the ‘‘BURMA Act
of 2022’’.
SEC. 5568. DEFINITIONS.

In this subtitle:
(1) BURMESE MILITARY.—The term ‘‘Burmese military’’—
(A) means the Armed Forces of Burma, including the
army, navy, and air force; and
(B) includes security services under the control of the
Armed Forces of Burma, such as the police and border
guards.
(2) EXECUTIVE ORDER 14014.—The term ‘‘Executive Order
14014’’ means Executive Order 14014 (86 Fed. Reg. 9429;
relating to blocking property with respect to the situation in
Burma).
(3) GENOCIDE.—The term ‘‘genocide’’ means any offense
described in section 1091(a) of title 18, United States Code.
(4) WAR CRIME.—The term ‘‘war crime’’ has the meaning
given the term in section 2441(c) of title 18, United States
Code.

H. R. 7776—968

PART 1—MATTERS RELATING TO THE
CONFLICT IN BURMA
SEC. 5569. STATEMENT OF POLICY.

It is the policy of the United States to—
(1) continue to support the people of Burma in their
struggle for democracy, human rights, and justice;
(2) support the efforts of the National Unity Government
(NUG), the National Unity Consultative Council (NUCC), the
Committee Representing Pyidaungsu Hluttaw (CRPH), the Burmese Civil Disobedience Movement, and other entities in Burma
and in other countries to oppose the Burmese military and
bring about an end to the military junta’s rule;
(3) support a credible process for the restoration of civilian
government in Burma, with a reformed Burmese military under
civilian control and the enactment of constitutional, political,
and economic reform that protects the rights of minority groups
and furthers a federalist form of government;
(4) hold accountable perpetrators of human rights violations
committed against ethnic groups in Burma and the people
of Burma, including through the February 2022 coup d’etat;
(5) hold accountable the Russian Federation and the People’s Republic of China for their support of the Burmese military;
(6) continue to provide humanitarian assistance to populations impacted by violence perpetrated by the Burmese military wherever they may reside, and coordinate efforts among
like-minded governments and other international donors to
maximize the effectiveness of assistance and support for the
people of Burma;
(7) secure the unconditional release of all unlawfully
detained individuals in Burma, including those detained for
the exercise of their fundamental freedoms; and
(8) provide humanitarian assistance to the people of Burma
in Burma, Bangladesh, Thailand, and the surrounding region
without going through the Burmese military.

PART 2—SANCTIONS AND POLICY
COORDINATION WITH RESPECT TO BURMA
SEC. 5570. DEFINITIONS.

In this part:
(1) ADMITTED; ALIEN.—The terms ‘‘admitted’’ and ‘‘alien’’
have the meanings given those terms in section 101 of the
Immigration and Nationality Act (8 U.S.C. 1101).
(2) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term
‘‘appropriate congressional committees’’ means—
(A) the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the
Senate; and
(B) the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives.
ACCOUNT;
PAYABLE-THROUGH
(3)
CORRESPONDENT
ACCOUNT.—The terms ‘‘correspondent account’’ and ‘‘payable-

H. R. 7776—969
through account’’ have the meanings given those terms in section 5318A of title 31, United States Code.
(4) FOREIGN FINANCIAL INSTITUTION.—The term ‘‘foreign
financial institution’’ has the meaning of that term as determined by the Secretary of the Treasury by regulation.
(5) FOREIGN PERSON.—The term ‘‘foreign person’’ means
a person that is not a United States person.
(6) KNOWINGLY.—The term ‘‘knowingly’’, with respect to
conduct, a circumstance, or a result, means that a person
has actual knowledge, or should have known, of the conduct,
the circumstance, or the result.
(7) PERSON.—The term ‘‘person’’ means an individual or
entity.
(8) SUPPORT.—The term ‘‘support’’, with respect to the Burmese military, means to knowingly have materially assisted,
sponsored, or provided financial, material, or technological support for, or goods or services to or in support of the Burmese
military.
(9) UNITED STATES PERSON.—The term ‘‘United States person’’ means—
(A) a United States citizen or an alien lawfully
admitted to the United States for permanent residence;
(B) an entity organized under the laws of the United
States or any jurisdiction within the United States,
including a foreign branch of such an entity; or
(C) any person in the United States.
SEC. 5571. IMPOSITION OF SANCTIONS WITH RESPECT TO HUMAN
RIGHTS ABUSES AND PERPETRATION OF A COUP IN
BURMA.

(a) MANDATORY SANCTIONS.—Not later than 180 days after
the date of the enactment of this Act, the President shall impose
the sanctions described in subsection (d) with respect to any foreign
person that the President determines—
(1) is a senior official of—
(A) the Burmese military or security forces of Burma;
(B) the State Administration Council, the militaryappointed cabinet at the level of Deputy Minister or higher,
or a military-appointed minister of a Burmese state or
region; or
(C) an entity that primarily operates in the defense
sector of the Burmese economy; or
(2) is a Burmese state-owned commercial enterprise (other
than an entity described in subsections (c)(1) and (c)(2)) that—
(A) is operating in the industrial or extractive sectors;
and
(B) significantly financially benefits the Burmese military.
(b) ADDITIONAL MEASURE RELATING TO FACILITATION OF TRANSACTIONS.—The Secretary of the Treasury may, in consultation with
the Secretary of State, prohibit or impose strict conditions on the
opening or maintaining in the United States of a correspondent
account or payable-through account by a foreign financial institution
that the President determines has, on or after the date of the
enactment of this Act, knowingly conducted or facilitated a significant transaction or transactions on behalf of a foreign person subject

H. R. 7776—970
to sanctions under this section imposed pursuant to subsection
(a).
(c) ADDITIONAL SANCTIONS.—The President may impose the
sanctions described in subsection (d) with respect to—
(1) the Myanma Oil and Gas Enterprise;
(2) any Burmese state-owned enterprise that—
(A) is not operating in the industrial or extractive
sectors; and
(B) significantly financially benefits the Burmese military;
(3) a spouse or adult child of any person described in
subsection (a)(1);
(4) any foreign person that, leading up to, during, and
since the February 1, 2021, coup d’etat in Burma, is responsible
for or has directly and knowingly engaged in—
(A) actions or policies that significantly undermine
democratic processes or institutions in Burma;
(B) actions or policies that significantly threaten the
peace, security, or stability of Burma;
(C) actions or policies by a Burmese person that—
(i) significantly prohibit, limit, or penalize the exercise of freedom of expression or assembly by people
in Burma; or
(ii) limit access to print, online, or broadcast media
in Burma; or
(D) the orchestration of arbitrary detention or torture
in Burma or other serious human rights abuses in Burma;
or
(5) any Burmese entity that provides materiel to the Burmese military.
(d) SANCTIONS DESCRIBED.—The sanctions described in this
subsection are the following:
(1) PROPERTY BLOCKING.—The President may exercise all
powers granted to the President by the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) to the
extent necessary to block and prohibit all transactions in all
property and interests in property of the foreign person if
such property and interests in property are in the United
States, come within the United States, or are or come within
the possession or control of a United States person.
(2) FOREIGN EXCHANGE.—The President may, pursuant to
such regulations as the President may prescribe, prohibit any
transactions in foreign exchange that are subject to the jurisdiction of the United States and in which the foreign person
has any interest.
(3) VISAS, ADMISSION, OR PAROLE.—
(A) IN GENERAL.—An alien who is described in subsection (a) or (c) is—
(i) inadmissible to the United States;
(ii) ineligible for a visa or other documentation
to enter the United States; and
(iii) otherwise ineligible to be admitted or paroled
into the United States or to receive any other benefit
under the Immigration and Nationality Act (8 U.S.C.
1101 et seq.).
(B) CURRENT VISAS REVOKED.—

H. R. 7776—971
(i) IN GENERAL.—The issuing consular officer, the
Secretary of State, or the Secretary of Homeland Security (or a designee of one of such Secretaries) shall,
in accordance with section 221(i) of the Immigration
and Nationality Act (8 U.S.C. 1201(i)), revoke any visa
or other entry documentation issued to an alien
described in subparagraph (A) regardless of when the
visa or other entry documentation is issued.
(ii) EFFECT OF REVOCATION.—A revocation under
clause (i)—
(I) shall take effect immediately; and
(II) shall automatically cancel any other valid
visa or entry documentation that is in the alien’s
possession.
(e) ASSESSMENT AND REPORT ON SANCTIONS WITH RESPECT
TO BURMESE STATE-OWNED ENTERPRISE OPERATING IN THE ENERGY
SECTOR.—
(1) IN GENERAL.—Not later than 180 days after the date
of the enactment of this Act, the President shall conduct an
assessment with respect to the Burmese state-owned enterprise
described in subsection (c)(1), including relevant factors pertaining to the possible application of sanctions on such enterprise.
(2) REPORT REQUIRED.—Upon making the determination
required by paragraph (1), the President shall submit to the
appropriate congressional committees a report on the assessment.
(3) FORM OF REPORT.—The report required by paragraph
(2) shall be submitted in unclassified form but may include
a classified annex.
(f) EXCEPTIONS.—
(1) EXCEPTION FOR INTELLIGENCE, LAW ENFORCEMENT, AND
NATIONAL SECURITY ACTIVITIES.—Sanctions under this section
shall not apply to any authorized intelligence, law enforcement,
or national security activities of the United States.
(2) EXCEPTION TO COMPLY WITH INTERNATIONAL OBLIGATIONS.—Sanctions under subsection (d)(3) shall not apply with
respect to the admission of an alien if admitting or paroling
the alien into the United States is necessary to permit the
United States to comply with the Agreement regarding the
Headquarters of the United Nations, signed at Lake Success
June 26, 1947, and entered into force November 21, 1947,
between the United Nations and the United States, or other
applicable international obligations.
(3) EXCEPTION RELATING TO THE PROVISION OF HUMANITARIAN ASSISTANCE.—Sanctions under this section may not be
imposed with respect to transactions or the facilitation of transactions for—
(A) the sale of agricultural commodities, food, medicine,
or medical devices to Burma;
(B) the provision of humanitarian assistance to the
people of Burma;
(C) financial transactions relating to humanitarian
assistance or for humanitarian purposes in Burma; or
(D) transporting goods or services that are necessary
to carry out operations relating to humanitarian assistance
or humanitarian purposes in Burma.

H. R. 7776—972
(4) EXCEPTION RELATING TO WIND-DOWN OF PROJECTS.—
Sanctions under this section shall not be imposed with respect
to transactions or the facilitation of transactions related to
the disposition of investments pursuant to—
(A) agreements entered into between United States
persons and the Government of Burma prior to May 21,
1997;
(B) the exercise of rights pursuant to such agreements;
or
(C) transactions related to the subsequent operation
of the assets encompassed by such disposed investments.
(g) WAIVER.—The President may, on a case-by-case basis waive
the application of sanctions or restrictions imposed with respect
to a foreign person under this section if the President certifies
to the appropriate congressional committees at the time such waiver
is to take effect that the waiver is in the national interest of
the United States.
(h) IMPLEMENTATION; PENALTIES.—
(1) IMPLEMENTATION.—The President may exercise all
authorities provided to the President under sections 203 and
205 of the International Emergency Economic Powers Act (50
U.S.C. 1702 and 1704) to carry out this section.
(2) PENALTIES.—The penalties provided for in subsections
(b) and (c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) shall apply to a person
that violates, attempts to violate, conspires to violate, or causes
a violation of this section or any regulations promulgated under
this section to the same extent that such penalties apply to
a person that commits an unlawful act described in section
206(a) of that Act.
(i) REPORT.—Not later than 90 days after the date of the
enactment of this Act and annually thereafter for 8 years, the
Secretary of State, in consultation with the Secretary of the
Treasury, shall submit to the appropriate congressional committees
a classified report that—
(1) describes the primary sources of income to which the
Burmese military has access and that the United States has
been unable to reach using sanctions authorities; and
(2) assesses the impact of the sanctions imposed pursuant
to the authorities under this section on the Burmese people
and the Burmese military.
SEC. 5572. SANCTIONS AND POLICY COORDINATION FOR BURMA.

(a) IN GENERAL.—The head of the Office of Sanctions Coordination in the Department of State should develop a comprehensive
strategy for the implementation of the full range of United States
diplomatic capabilities to implement Burma-related sanctions in
order to promote human rights and the restoration of civilian
government in Burma.
(b) MATTERS TO BE INCLUDED.—The strategy described in subsection (a) should include plans and steps to—
(1) coordinate the sanctions policies of the United States
with relevant bureaus and offices in the Department of State
and other relevant United States Government agencies;
(2) conduct relevant research and vetting of entities and
individuals that may be subject to sanctions and coordinate

H. R. 7776—973
with other United States Government agencies and international financial intelligence units to assist in efforts to enforce
anti-money laundering and anti-corruption laws and regulations;
(3) promote a comprehensive international effort to impose
and enforce multilateral sanctions with respect to Burma;
(4) support interagency United States Government efforts,
including efforts of the United States Chief of Mission to
Burma, the United States Ambassador to ASEAN, and the
United States Permanent Representative to the United Nations,
relating to—
(A) identifying opportunities to exert pressure on the
governments of the People’s Republic of China and the
Russian Federation to support multilateral action against
the Burmese military; and
(B) working with like-minded partners to impose a
coordinated arms embargo on the Burmese military and
targeted sanctions on the economic interests of the Burmese
military, including through the introduction and adoption
of a United Nations Security Council resolution; and
(5) provide timely input for reporting on the impacts of
the implementation of sanctions on the Burmese military and
the people of Burma.
SEC. 5573. SUPPORT FOR GREATER UNITED NATIONS ACTION WITH
RESPECT TO BURMA.

(a) SENSE OF CONGRESS.—It is the sense of Congress that—
(1) the United Nations Security Council has not taken
adequate steps to condemn the February 1, 2021, coup in
Burma, pressure the Burmese military to cease its violence
against civilians, or secure the release of those unjustly
detained;
(2) countries, such as the People’s Republic of China and
the Russian Federation, that are directly or indirectly shielding
the Burmese military from international scrutiny and action,
should be obliged to endure the reputational damage of doing
so by taking public votes on resolutions related to Burma
that apply greater pressure on the Burmese military to restore
Burma to its democratic path; and
(3) the United Nations Secretariat and the United Nations
Security Council should take concrete steps to address the
coup and ongoing crisis in Burma consistent with United
Nations General Assembly resolution 75/287, ‘‘The situation
in Myanmar,’’ which was adopted on June 18, 2021.
(b) SUPPORT FOR GREATER ACTION.—The President shall direct
the United States Permanent Representative to the United Nations
to use the voice, vote, and influence of the United States to spur
greater action by the United Nations and the United Nations Security Council with respect to Burma by—
(1) pushing the United Nations Security Council to consider
a resolution condemning the February 1, 2021, coup and calling
on the Burmese military to cease its violence against the people
of Burma and release without preconditions the journalists,
pro-democracy activists, and political officials that it has
unjustly detained;
(2) pushing the United Nations Security Council to consider
a resolution that immediately imposes a global arms embargo

H. R. 7776—974
against Burma to ensure that the Burmese military is not
able to obtain weapons and munitions from other nations to
further harm, murder, and oppress the people of Burma;
(3) pushing the United Nations and other United Nations
authorities to cut off assistance to the Government of Burma
while providing humanitarian assistance directly to the people
of Burma through United Nations bodies and civil society
organizations, particularly such organizations working with
ethnic minorities that have been adversely affected by the
coup and the Burmese military’s violent crackdown; and
(4) spurring the United Nations Security Council to consider multilateral sanctions against the Burmese military for
its atrocities against Rohingya and individuals of other ethnic
and religious minorities, its coup, and the atrocities it has
and continues to commit in the coup’s aftermath.
(c) SENSE OF CONGRESS.—It is the sense of Congress that
the United States Permanent Representative to the United Nations
should use the voice, vote, and influence of the United States
to—
(1) object to the appointment of representatives to the
United Nations and United Nations bodies such as the Human
Rights Council that are sanctioned by the Burmese military;
and
(2) work to ensure the Burmese military is not recognized
as the legitimate government of Burma in any United Nations
body.
SEC. 5574. SUNSET.

(a) IN GENERAL.—The authority to impose sanctions and the
sanctions imposed under this part shall terminate on the date
that is 8 years after the date of the enactment of this Act.
(b) CERTIFICATION FOR EARLY SUNSET OF SANCTIONS.—Sanctions imposed under this part may be removed before the date
specified in subsection (a), if the President submits to the appropriate congressional committees a certification that—
(1) the Burmese military has released all political prisoners
taken into custody on or after February 1, 2021, or is providing
legal recourse to those that remain in custody;
(2) the elected government of Burma has been reinstated
or new free and fair elections have been held;
(3) all legal charges against those winning election in
November 2020 are dropped; and
(4) the 2008 constitution of Burma has been amended
or replaced to place the Burmese military under civilian oversight and ensure that the Burmese military no longer automatically receives 25 percent of seats in Burma’s state, regional,
and national Hluttaws.
(c) NOTIFICATION FOR EARLY SUNSET OF SANCTIONS ON INDIVIDUALS.—
(1) IN GENERAL.—The President may terminate the application of sanctions under this part with respect to specific individuals if the President submits to the appropriate congressional
committees—
(A) a notice of and justification for the termination;
and
(B) a notice that the individual is not engaging in
the activity or is no longer occupying the position that

H. R. 7776—975
was the basis for the sanctions or has taken significant
verifiable steps toward stopping the activity.
(2) FORM.—The notice required by paragraph (1) shall be
submitted in unclassified form but may include a classified
annex.

PART 3—AUTHORIZATIONS OF APPROPRIATIONS FOR ASSISTANCE FOR BURMA
SEC. 5575. GENERAL AUTHORIZATION OF APPROPRIATIONS.

During each of the fiscal years 2023 through 2027, following
consultation with the appropriate congressional committees and
subject to the limitations described in section 5576, funds authorized
to be made available to carry out chapter 4 of part II of the
Foreign Assistance Act of 1961 may be made available, notwithstanding any other provision of law, for—
(1) programs to strengthen federalism in and among ethnic
states in Burma, including for non-lethal assistance for Ethnic
Armed Organizations in Burma;
(2) the administrative operations and programs of entities
in Burma, including the political entities and affiliates of Ethnic
Armed Organizations and pro-democracy movement organizations, that support efforts to establish an inclusive and representative democracy in Burma;
(3) technical support and non-lethal assistance for Burma’s
Ethnic Armed Organizations, People’s Defense Forces, and prodemocracy movement organizations to strengthen communications and command and control, and coordination of international relief and other operations between and among such
entities;
(4) programs and activities relating to former members
of the Burmese military that have condemned the February
1, 2022, coup d’etat and voiced support for the restoration
of civilian rule;
(5) programs to assist civil society organizations to investigate and document atrocities in Burma for the purposes of
truth, justice, and accountability;
(6) programs to assist civil society organizations in Burma
that support individuals that who are unlawfully detained in
Burma for exercising their fundamental freedoms; and
(7) programs to assist civil society organizations and ethnic
groups with reconciliation activities related to Burma.
SEC. 5576. LIMITATIONS.

Except as provided for by this part, none of the funds authorized
to be appropriated for assistance for Burma by this part may
be made available to—
(1) the State Administrative Council or any organization
or entity controlled by, or an affiliate of, the Burmese military,
or to any individual or organization that has committed a
gross violation of human rights or advocates violence against
ethnic or religious groups or individuals in Burma, as determined by the Secretary of State for programs administered
by the Department of State and the United States Agency
for International Development, or President of the National
Endowment for Democracy (NED) for programs administered
by NED; and

H. R. 7776—976
(2) the Burmese military.
SEC. 5577. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.

In this part, the term ‘‘appropriate congressional committees’’
means—
(1) the Committee on Foreign Relations, the Committee
on Armed Services, and the Committee on Appropriations of
the Senate; and
(2) the Committee on Foreign Affairs, the Committee on
Armed Services, and the Committee on Appropriations of the
House of Representatives.

PART 4—EFFORTS AGAINST HUMAN RIGHTS
ABUSES
SEC. 5578. AUTHORIZATION TO PROVIDE TECHNICAL ASSISTANCE FOR
EFFORTS AGAINST HUMAN RIGHTS ABUSES.

(a) IN GENERAL.—The Secretary of State is authorized to provide assistance to support appropriate civilian or international entities that—
(1) identify suspected perpetrators of war crimes, crimes
against humanity, and genocide in Burma;
(2) collect, document, and protect evidence of crimes in
Burma and preserving the chain of custody for such evidence;
(3) conduct criminal investigations of such crimes; and
(4) support investigations related to Burma conducted by
other countries, and by entities mandated by the United
Nations, such as the Independent Investigative Mechanism for
Myanmar.
(b) AUTHORIZATION FOR TRANSITIONAL JUSTICE MECHANISMS.—
The Secretary of State, taking into account any relevant findings
in the report submitted under section 5941, is authorized to provide
support for the establishment and operation of transitional justice
mechanisms, including a hybrid tribunal, to prosecute individuals
suspected of committing war crimes, crimes against humanity, or
genocide in Burma.

PART 5—SANCTIONS EXCEPTION RELATING
TO IMPORTATION OF GOODS
SEC. 5579. SANCTIONS EXCEPTION RELATING TO IMPORTATION OF
GOODS.

(a) IN GENERAL.—The authorities and requirements to impose
sanctions under this subtitle shall not include the authority or
requirement to impose sanctions on the importation of goods.
(b) GOOD DEFINED.—In this section, the term ‘‘good’’ means
any article, natural or man-made substance, material, supply, or
manufactured product, including inspection and test equipment,
and excluding technical data.

H. R. 7776—977

Subtitle F—Promotion of Freedom of Information and Countering of Censorship
and Surveillance in North Korea
SEC. 5580. SHORT TITLE.

This subtitle may be cited as the ‘‘Otto Warmbier Countering
North Korean Censorship and Surveillance Act of 2022’’.
SEC. 5581. FINDINGS; SENSE OF CONGRESS.

(a) FINDINGS.—Congress makes the following findings:
(1) The information landscape in North Korea is the most
repressive in the world, consistently ranking last or near-last
in the annual World Press Freedom Index.
(2) Under the brutal rule of Kim Jung Un, the country’s
leader since 2012, the North Korean regime has tightened
controls on access to information, as well as enacted harsh
punishments for consumers of outside media, including sentencing to time in a concentration camp and a maximum penalty of death.
(3) Such repressive and unjust laws surrounding information in North Korea resulted in the death of 22-year-old United
States citizen and university student Otto Warmbier, who had
traveled to North Korea in December 2015 as part of a guided
tour.
(4) Otto Warmbier was unjustly arrested, sentenced to
15 years of hard labor, and severely mistreated at the hands
of North Korean officials. While in captivity, Otto Warmbier
suffered a serious medical emergency that placed him into
a comatose state. Otto Warmbier was comatose upon his release
in June 2017 and died 6 days later.
(5) Despite increased penalties for possession and
viewership of foreign media, the people of North Korean have
increased their desire for foreign media content, according to
a survey of 200 defectors concluding that 90 percent had
watched South Korean or other foreign media before defecting.
(6) On March 23, 2021, in an annual resolution, the United
Nations General Assembly condemned ‘‘the long-standing and
ongoing systematic, widespread and gross violations of human
rights in the Democratic People’s Republic of Korea’’ and
expressed grave concern at, among other things, ‘‘the denial
of the right to freedom of thought, conscience, and religion
. . . and of the rights to freedom of opinion, expression, and
association, both online and offline, which is enforced through
an absolute monopoly on information and total control over
organized social life, and arbitrary and unlawful state surveillance that permeates the private lives of all citizens’’.
(7) In 2018, Typhoon Yutu caused extensive damage to
15 broadcast antennas used by the United States Agency for
Global Media in Asia, resulting in reduced programming to
North Korea. The United States Agency for Global Media has
rebuilt 5 of the 15 antenna systems as of June 2021.
(b) SENSE OF CONGRESS.—It is the sense of Congress that—
(1) in the event of a crisis situation, particularly where
information pertaining to the crisis is being actively censored
or a false narrative is being put forward, the United States

H. R. 7776—978
should be able to quickly increase its broadcasting capability
to deliver fact-based information to audiences, including those
in North Korea; and
(2) the United States International Broadcasting Surge
Capacity Fund is already authorized under section 316 of the
United States International Broadcasting Act of 1994 (22 U.S.C.
6216), and expanded authority to transfer unobligated balances
from expired accounts of the United States Agency for Global
Media would enable the Agency to more nimbly respond to
crises.
SEC. 5582. STATEMENT OF POLICY.

It is the policy of the United States—
(1) to provide the people of North Korea with access to
a diverse range of fact-based information;
(2) to develop and implement novel means of communication and information sharing that increase opportunities for
audiences in North Korea to safely create, access, and share
digital and non-digital news without fear of repressive censorship, surveillance, or penalties under law; and
(3) to foster and innovate new technologies to counter North
Korea’s state-sponsored repressive surveillance and censorship
by advancing internet freedom tools, technologies, and new
approaches.
SEC. 5583. UNITED STATES STRATEGY TO COMBAT NORTH KOREA’S
REPRESSIVE INFORMATION ENVIRONMENT.

(a) IN GENERAL.—Not later than 180 days after the date of
the enactment of this Act, the President shall develop and submit
to Congress a strategy on combating North Korea’s repressive
information environment.
(b) ELEMENTS.—The strategy required by subsection (a) shall
include the following:
(1) An assessment of the challenges to the free flow of
information into North Korea created by the censorship and
surveillance technology apparatus of the Government of North
Korea.
(2) A detailed description of the agencies and other government entities, key officials, and security services responsible
for the implementation of North Korea’s repressive laws
regarding foreign media consumption.
(3) A detailed description of the agencies and other government entities and key officials of foreign governments that
assist, facilitate, or aid North Korea’s repressive censorship
and surveillance state.
(4) A review of existing public-private partnerships that
provide circumvention technology and an assessment of the
feasibility and utility of new tools to increase free expression,
circumvent censorship, and obstruct repressive surveillance in
North Korea.
(5) A description of and funding levels required for current
United States Government programs and activities to provide
access for the people of North Korea to a diverse range of
fact-based information.
(6) An update of the plan required by section 104(a)(7)(A)
of the North Korean Human Rights Act of 2004 (22 U.S.C.
7814(a)(7)(A)).

H. R. 7776—979
(7) A description of Department of State programs and
funding levels for programs that promote internet freedom in
North Korea, including monitoring and evaluation efforts.
(8) A description of grantee programs of the United States
Agency for Global Media in North Korea that facilitate circumvention tools and broadcasting, including monitoring and
evaluation efforts.
(9) A detailed assessment of how the United States International Broadcasting Surge Capacity Fund authorized under
section 316 of the United States International Broadcasting
Act of 1994 (22 U.S.C. 6216) has operated to respond to crisis
situations in the past, and how authority to transfer unobligated balances from expired accounts would help the United
States Agency for Global Media in crisis situations in the
future.
(10) A detailed plan for how the authorization of appropriations under section 5584 will operate alongside and augment
existing programming from the relevant Federal agencies and
facilitate the development of new tools to assist that programming.
(11) A detailed plan for engagement and coordination with
the Republic of Korea, as appropriate, necessary for implementing the objectives of the strategy required by subsection
(a), including—
(A) with regard to any new or expanded activities
contemplated under paragraphs (9) and (10); and
(B) any cooperation with or approval from the Government of the Republic of Korea required to carry out such
activities.
(c) FORM OF STRATEGY.—The strategy required by subsection
(a) shall be submitted in unclassified form, but may include the
matters required by paragraphs (2) and (3) of subsection (b) in
a classified annex.
SEC. 5584. PROMOTING FREEDOM OF INFORMATION AND COUNTERING
CENSORSHIP AND SURVEILLANCE IN NORTH KOREA.

(a) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to the United States Agency for Global Media
an additional $10,000,000 for each of fiscal years 2024 through
2027 to provide increased broadcasting and grants for the following
purposes:
(1) To promote the development of internet freedom tools,
technologies, and new approaches, including both digital and
non-digital means of information sharing related to North
Korea.
(2) To explore public-private partnerships to counter North
Korea’s repressive censorship and surveillance state.
(3) To develop new means to protect the privacy and
identity of individuals receiving media from the United States
Agency for Global Media and other outside media outlets from
within North Korea.
(4) To bolster existing programming from the United States
Agency for Global Media by restoring the broadcasting capacity
of damaged antennas caused by Typhoon Yutu in 2018.
(b) ANNUAL REPORTS.—Section 104(a)(7)(B) of the North Korean
Human Rights Act of 2004 (22 U.S.C. 7814(a)(7)(B)) is amended—
(1) in the matter preceding clause (i)—

H. R. 7776—980
(A) by striking ‘‘1 year after the date of the enactment
of this paragraph’’ and inserting ‘‘September 30, 2022’’;
and
(B) by striking ‘‘Broadcasting Board of Governors’’ and
inserting ‘‘Chief Executive Officer of the United States
Agency for Global Media’’; and
(2) in clause (i), by inserting after ‘‘this section’’ the following: ‘‘and sections 5583 and 5584 of the Otto Warmbier
Countering North Korean Censorship and Surveillance Act of
2022’’.

Subtitle G—Other Matters
SEC. 5585. CONGRESSIONAL NOTIFICATION FOR REWARDS PAID USING
CRYPTOCURRENCIES.

(a) IN GENERAL.—Section 36(e)(6) of the State Department
Basic Authorities Act of 1956 (22 U.S.C. 2708(e)(6)) is amended
by adding at the end the following new sentence: ‘‘Not later than
15 days before making a reward in a form that includes
cryptocurrency, the Secretary of State shall notify the Committee
on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate of such form for the
reward.’’.
(b) REPORT.—Not later than 180 days after the date of the
enactment of this Act, the Secretary of State shall submit to the
Committee on Foreign Affairs of the House of Representatives and
the Committee on Foreign Relations of the Senate a report on
the use of cryptocurrency as a part of the Department of State
Rewards program established under section 36(a) of the State
Department Basic Authorities Act of 1956 (22 U.S.C. 2708(a)) that—
(1) justifies any determination of the Secretary to make
rewards under such program in a form that includes
cryptocurrency;
(2) lists each cryptocurrency payment made under such
program as of the date of the submission of the report;
(3) provides evidence of the manner and extent to which
cryptocurrency payments would be more likely to induce
whistleblowers to come forward with information than rewards
paid out in United States dollars or other forms of money
or nonmonetary items; and
(4) examines whether the Department’s use of
cryptocurrency could provide bad actors with additional hardto-trace funds that could be used for criminal or illicit purposes.
SEC. 5586. SECURE ACCESS TO SANITATION FACILITIES FOR WOMEN
AND GIRLS.

Subsection (a) of section 501 of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (22 U.S.C. 2601 note) is
amended—
(1) by redesignating paragraphs (6) through (11) as paragraphs (7) through (12), respectively; and
(2) by inserting after paragraph (5) the following:
‘‘(6) the provision of safe and secure access to sanitation
facilities, with a special emphasis on women and children;’’.

H. R. 7776—981
SEC. 5587. REAUTHORIZATION OF THE TROPICAL FOREST AND CORAL
REEF CONSERVATION ACT OF 1998.

Section 806(d) of the Tropical Forest and Coral Reef Conservation Act of 1998 (22 U.S.C. 2431d(d)) is amended by adding at
the end the following new paragraphs:
‘‘(9) $20,000,000 for fiscal year 2023.
‘‘(10) $20,000,000 for fiscal year 2024.
‘‘(11) $20,000,000 for fiscal year 2025.
‘‘(12) $20,000,000 for fiscal year 2026.
‘‘(13) $20,000,000 for fiscal year 2027.’’.
SEC. 5588. GLOBAL FOOD SECURITY REAUTHORIZATION ACT OF 2022.

(a) FINDINGS.—Section 2 of the Global Food Security Act of
2016 (22 U.S.C. 9301) is amended by striking ‘‘Congress makes’’
and all that follows through ‘‘(3) A comprehensive’’ and inserting
‘‘Congress finds that a comprehensive’’.
(b) STATEMENT OF POLICY OBJECTIVES; SENSE OF CONGRESS.—
Section 3(a) of such Act (22 U.S.C. 9302(a)) is amended—
(1) in the matter preceding paragraph (1), by striking ‘‘programs, activities, and initiatives that’’ and inserting ‘‘comprehensive, multi-sectoral programs, activities, and initiatives
that consider agriculture and food systems in their totality
and that’’.
(2) in paragraph (1), by striking ‘‘and economic freedom
through the coordination’’ and inserting ‘‘, economic freedom,
and security through the phasing, sequencing, and coordination’’;
(3) by striking paragraphs (3) and (4) and inserting the
following:
‘‘(3) increase the productivity, incomes, and livelihoods of
small-scale producers and artisanal fishing communities, especially women in these communities, by working across terrestrial and aquatic food systems and agricultural value chains,
including by—
‘‘(A) enhancing local capacity to manage agricultural
resources and food systems effectively and expanding producer access to, and participation in, local, regional, and
international markets;
‘‘(B) increasing the availability and affordability of high
quality nutritious and safe foods and clean water;
‘‘(C) creating entrepreneurship opportunities and
improving access to business development related to agriculture and food systems, including among youth populations, linked to local, regional, and international markets;
and
‘‘(D) enabling partnerships to facilitate the development of and investment in new agricultural technologies
to support more resilient and productive agricultural practices;
‘‘(4) build resilience to agriculture and food systems shocks
and stresses, including global food catastrophes in which
conventional methods of agriculture are unable to provide sufficient food and nutrition to sustain the global population, among
vulnerable populations and households through inclusive
growth, while reducing reliance upon emergency food and economic assistance;’’;
(4) by amending paragraph (6) to read as follows:

H. R. 7776—982
‘‘(6) improve the nutritional status of women, adolescent
girls, and children, with a focus on reducing child stunting
and incidence of wasting, including through the promotion of
highly nutritious foods, diet diversification, large-scale food fortification, and nutritional behaviors that improve maternal and
child health and nutrition, especially during the first 1,000day window until a child reaches 2 years of age;’’; and
(5) in paragraph (7)—
(A) by striking ‘‘science and technology,’’ and inserting
‘‘combating fragility, resilience, science and technology, natural resource management’’; and
(B) by inserting ‘‘, including deworming,’’ after ‘‘nutrition,’’.
(c) DEFINITIONS.—Section 4 of the Global Food Security Act
of 2016 (22 U.S.C. 9303) is amended—
(1) in paragraph (2), by inserting ‘‘, including in response
to shocks and stresses to food and nutrition security’’ before
the period at the end;
(2) by redesignating paragraphs (4) through (12) as paragraphs (5) through (13), respectively;
(3) by inserting after paragraph (3) the following:
‘‘(4) FOOD SYSTEM.—The term ‘food system’ means the
intact or whole unit made up of interrelated components of
people, behaviors, relationships, and material goods that interact in the production, processing, packaging, transporting,
trade, marketing, consumption, and use of food, feed, and fiber
through aquaculture, farming, wild fisheries, forestry, and pastoralism that operates within and is influenced by social, political, economic, and environmental contexts.’’;
(4) in paragraph (6), as redesignated, by amending subparagraph (H) to read as follows:
‘‘(H) local agricultural producers, including farmer and
fisher organizations, cooperatives, small-scale producers,
youth, and women; and’’;
(5) in paragraph (7), as redesignated, by inserting ‘‘the
Inter-American Foundation,’’ after ‘‘United States African
Development Foundation,’’;
(6) in paragraph (9), as redesignated—
(A) by inserting ‘‘agriculture and food’’ before ‘‘systems’’; and
(B) by inserting ‘‘, including global food catastrophes,’’
after ‘‘food security’’;
(7) in paragraph (10), as redesignated, by striking ‘‘fishers’’
and inserting ‘‘artisanal fishing communities’’;
(8) in paragraph (11), as redesignated, by amending subparagraphs (D) and (E) to read as follows:
‘‘(D) is a marker of an environment deficient in the
various needs that allow for a child’s healthy growth,
including nutrition; and
‘‘(E) is associated with long-term poor health, delayed
motor development, impaired cognitive function, and
decreased immunity.’’;
(9) in paragraph (13), as redesignated, by striking ‘‘agriculture and nutrition security’’ and inserting ‘‘food and nutrition
security and agriculture-led economic growth’’; and
(10) by adding at the end the following:
‘‘(14) WASTING.—The term ‘wasting’ means—

H. R. 7776—983
‘‘(A) a life-threatening condition attributable to poor
nutrient intake or disease that is characterized by a rapid
deterioration in nutritional status over a short period of
time; and
‘‘(B) in the case of children, is characterized by low
weight for height and weakened immunity, increasing their
risk of death due to greater frequency and severity of
common infection, particularly when severe.’’.
(d) COMPREHENSIVE GLOBAL FOOD SECURITY STRATEGY.—Section 5(a) of the Global Food Security Act of 2016 (22 U.S.C. 9304)
is amended—
(1) in paragraph (4), by striking ‘‘country-owned agriculture, nutrition, and food security policy and investment
plans’’ and inserting ‘‘partner country-led agriculture, nutrition,
regulatory, food security, and water resources management
policy and investment plans and governance systems’’;
(2) by amending paragraph (5) to read as follows:
‘‘(5) support the locally-led and inclusive development of
agriculture and food systems, including by enhancing the extent
to which small-scale food producers, especially women, have
access to and control over the inputs, skills, resource management capacity, networking, bargaining power, financing, market
linkages, technology, and information needed to sustainably
increase productivity and incomes, reduce poverty and malnutrition, and promote long-term economic prosperity;’’;
(3) in paragraph (6)—
(A) by inserting ‘‘, adolescent girls,’’ after ‘‘women’’;
and
(B) by inserting ‘‘and preventing incidence of wasting’’
after ‘‘reducing child stunting’’;
(4) in paragraph (7), by inserting ‘‘poor water resource
management and’’ after ‘‘including’’;
(5) in paragraph (8)—
(A) by striking ‘‘the long-term success of programs’’
and inserting ‘‘long-term impact’’; and
(B) by inserting ‘‘, including agricultural research
capacity,’’ after ‘‘institutions’’;
(6) in paragraph (9), by striking ‘‘integrate resilience and
nutrition strategies into food security programs, such that
chronically vulnerable populations are better able to’’ and
inserting ‘‘coordinate with and complement relevant strategies
to ensure that chronically vulnerable populations are better
able to adapt,’’;
(7) by redesignating paragraph (17) as paragraph (22);
(8) by redesignating paragraphs (12) through (16) as paragraphs (14) through (18), respectively;
(9) by striking paragraphs (10) and (11) and inserting the
following:
‘‘(10) develop community and producer resilience and
adaptation strategies to disasters, emergencies, and other
shocks and stresses to food and nutrition security, including
conflicts, droughts, flooding, pests, and diseases, that adversely
impact agricultural yield and livelihoods;
‘‘(11) harness science, technology, and innovation, including
the research and extension activities supported by the private
sector, relevant Federal departments and agencies, Feed the

H. R. 7776—984
Future Innovation Labs or any successor entities, and international and local researchers and innovators, recognizing that
significant investments in research and technological advances
will be necessary to reduce global poverty, hunger, and malnutrition;
‘‘(12) use evidenced-based best practices, including scientific
and forecasting data, and improved planning and coordination
by, with, and among key partners and relevant Federal departments and agencies to identify, analyze, measure, and mitigate
risks, and strengthen resilience capacities;
‘‘(13) ensure scientific and forecasting data is accessible
and usable by affected communities and facilitate communication and collaboration among local stakeholders in support of
adaptation planning and implementation, including scenario
planning and preparedness using seasonal forecasting and scientific and local knowledge;’’;
(10) in paragraph (15), as redesignated, by inserting ‘‘nongovernmental organizations, including’’ after ‘‘civil society,’’;
(11) in paragraph (16), as redesignated, by inserting ‘‘and
coordination, as appropriate,’’ after ‘‘collaboration’’;
(12) in paragraph (18), as redesignated, by striking ‘‘section
8(b)(4); and’’ and inserting ‘‘section 8(a)(4);’’; and
(13) by inserting after paragraph (18), as redesignated,
the following:
‘‘(19) improve the efficiency and resilience of agricultural
production, including management of crops, rangelands, pastures, livestock, fisheries, and aquacultures;
‘‘(20) ensure investments in food and nutrition security
consider and integrate best practices in the management and
governance of natural resources and conservation, especially
among food insecure populations living in or near biodiverse
ecosystems;
‘‘(21) be periodically updated in a manner that reflects
learning and best practices; and’’.
(e) PERIODIC UPDATES.—Section 5 of the Global Food Security
Act of 2016 (22 U.S.C. 9304), as amended by subsection (d), is
further amended by adding at the end the following:
UPDATES.—Not
less
frequently
than
‘‘(d)
PERIODIC
quinquennially through fiscal year 2030, the President, in consultation with the head of each relevant Federal department and agency,
shall submit to the appropriate congressional committees updates
to the Global Food Security Strategy required under subsection
(a) and the agency-specific plans described in subsection (c)(2).’’.
(f) AUTHORIZATION OF APPROPRIATIONS TO IMPLEMENT THE
GLOBAL FOOD SECURITY STRATEGY.—Section 6(b) of such Act (22
U.S.C. 9305(b)) is amended—
(1) by striking ‘‘$1,000,600,000 for each of fiscal years 2017
through 2023’’ and inserting ‘‘$1,200,000,000 for each of the
fiscal years 2024 through 2028’’; and
(2) by adding at the end the following: ‘‘Amounts authorized
to appropriated under this subsection should be prioritized
to carry out programs and activities in target countries.’’.
(g) EMERGENCY FOOD SECURITY PROGRAM.—
(1) IN GENERAL.—Section 7 of the Global Food Security
Act of 2016 (22 U.S.C. 9306) is amended by striking ‘‘(a) SENSE
OF CONGRESS.—’’ and all that follows through ‘‘It shall be’’
and inserting ‘‘It shall be’’.

H. R. 7776—985
(2) AUTHORIZATION OF APPROPRIATIONS.—Section 492(a) of
the Foreign Assistance Act of 1961 (22 U.S.C. 2292a(a)) is
amended by striking ‘‘$2,794,184,000 for each of fiscal years
2017 through 2023, of which up to $1,257,382,000’’ and
inserting ‘‘$3,905,460,000 for each of the fiscal years 2024
through 2028, of which up to $1,757,457,000’’.
(h) REPORTS.—Section 8(a) of the Global Food Security Act
of 2016 (22 U.S.C. 9307) is amended—
(1) in the matter preceding paragraph (1)—
(A) by striking ‘‘During each of the first 7 years after
the date of the submission of the strategy required under
section 5(c),’’ and inserting ‘‘For each of the fiscal years
through 2028,’’;
(B) by striking ‘‘reports that describe’’ and inserting
‘‘a report that describes’’; and
(C) by striking ‘‘at the end of the reporting period’’
and inserting ‘‘during the preceding year’’;
(2) in paragraph (2), by inserting ‘‘, including any changes
to the target countries selected pursuant to the selection criteria
described in section 5(a)(2) and justifications for any such
changes’’ before the semicolon at the end;
(3) in paragraph (3), by inserting ‘‘identify and’’ before
‘‘describe’’;
(4) by redesignating paragraphs (12) through (14) as paragraphs (15) through (17), respectively;
(5) by redesignating paragraphs (5) through (11) as paragraphs (7) through (13), respectively;
(6) by striking paragraph (4) and inserting the following:
‘‘(4) identify and describe the priority quantitative metrics
used to establish baselines and performance targets at the
initiative, country, and zone of influence levels;
‘‘(5) identify such established baselines and performance
targets at the country and zone of influence levels;
‘‘(6) identify the output and outcome benchmarks and
indicators used to measure results annually, and report the
annual measurement of results for each of the priority metrics
identified pursuant to paragraph (4), disaggregated by age,
gender, and disability, to the extent practicable and appropriate, in an open and transparent manner that is accessible
to the people of the United States;’’;
(7) in paragraph (7), as redesignated, by striking ‘‘agriculture’’ and inserting ‘‘food’’;
(8) in paragraph (8), as redesignated—
(A) by inserting ‘‘quantitative and qualitative’’ after
‘‘how’’; and
(B) by inserting ‘‘at the initiative, country, and zone
of influence levels, including longitudinal data and key
uncertainties’’ before the semicolon at the end;
(9) in paragraph (9), as redesignated, by inserting ‘‘within
target countries, amounts and justification for any spending
outside of target countries’’ after ‘‘amounts spent’’;
(10) in paragraph (13), as redesignated, by striking ‘‘and
the impact of private sector investment’’ and inserting ‘‘and
efforts to encourage financial donor burden sharing and the
impact of such investment and efforts’’;
(11) by inserting after paragraph (13), as redesignated,
the following:

H. R. 7776—986
‘‘(14) describe how agriculture research is prioritized within
the Global Food Security Strategy to support agriculture-led
growth and eventual self-sufficiency and assess efforts to coordinate research programs within the Global Food Security
Strategy with key stakeholders;’’;
(12) in paragraph (16), as redesignated, by striking ‘‘and’’
at the end;
(13) in paragraph (17), as redesignated—
(A) by inserting ‘‘, including key challenges or
missteps,’’ after ‘‘lessons learned’’; and
(B) by striking the period at the end and inserting
‘‘; and’’; and
(14) by adding at the end the following:
‘‘(18) during the final year of each strategy required under
section 5, complete country graduation reports to determine
whether a country should remain a target country based on
quantitative and qualitative analysis.’’.
SEC. 5589. EXTENSION AND MODIFICATION OF CERTAIN EXPORT CONTROLS.

(a) EXTENSION OF EXPORT PROHIBITION ON MUNITIONS ITEMS
HONG KONG POLICE FORCE.—Section 3 of the Act entitled
‘‘An Act to prohibit the commercial export of covered munitions
items to the Hong Kong Police Force’’, approved November 27,
2019 (Public Law 116–77; 133 Stat. 1173), is amended by striking
‘‘shall expire’’ and all that follows and inserting ‘‘shall expire on
December 31, 2024.’’.
(b) MODIFICATION OF AUTHORITY OF PRESIDENT UNDER EXPORT
CONTROL REFORM ACT OF 2018.—Section 1753(a)(2)(F) of the Export
Control Reform Act of 2018 (50 U.S.C. 4812(a)(2)(F)) is amended
by inserting ‘‘, security, or’’ before ‘‘intelligence’’.
TO THE

SEC. 5590. IMPOSITION OF SANCTIONS WITH RESPECT TO THE SALE,
SUPPLY, OR TRANSFER OF GOLD TO OR FROM RUSSIA.

(a) IDENTIFICATION.—Not later than 90 days after the date
of the enactment of this Act, and periodically as necessary thereafter, the President—
(1) shall submit to Congress a report identifying foreign
persons that knowingly participated in a significant transaction—
(A) for the sale, supply, or transfer (including transportation) of gold, directly or indirectly, to or from the Russian
Federation or the Government of the Russian Federation,
including from reserves of the Central Bank of the Russian
Federation held outside the Russian Federation; or
(B) that otherwise involved gold in which the Government of the Russian Federation had any interest; and
(2) shall impose the sanctions described in subsection (b)(1)
with respect to each such person; and
(3) may impose the sanctions described in subsection (b)(2)
with respect to any such person that is an alien.
(b) SANCTIONS DESCRIBED.—The sanctions described in this
subsection are the following:
(1) BLOCKING OF PROPERTY.—The exercise of all powers
granted to the President by the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) to the extent necessary to block and prohibit all transactions in all property
and interests in property of a foreign person identified in the

H. R. 7776—987
report required by subsection (a)(1) if such property and
interests in property are in the United States, come within
the United States, or are or come within the possession or
control of a United States person.
(2) INELIGIBILITY FOR VISAS, ADMISSION, OR PAROLE.—
(A) VISAS, ADMISSION, OR PAROLE.—An alien described
in subsection (a)(1) 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 issuing consular officer, the
Secretary of State, or the Secretary of Homeland Security (or a designee of one of such Secretaries) shall,
in accordance with section 221(i) of the Immigration
and Nationality Act (8 U.S.C. 1201(i)), revoke any visa
or other entry documentation issued to an alien
described in subsection (a)(1).
(ii) IMMEDIATE EFFECT.—The revocation under
clause (i) of a visa or other entry documentation issued
to an alien 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) to the same extent as a person
that commits an unlawful act described in subsection (a) of
that section.
(d) NATIONAL INTEREST WAIVER.—The President may waive
the imposition of sanctions under this section with respect to a
person if the President—
(1) determines that such a waiver is in the national
interests of the United States; and
(2) submits to Congress a notification of the waiver and
the reasons for the waiver.
(e) TERMINATION.—
(1) IN GENERAL.—Except as provided in paragraph (2), the
requirement to impose sanctions under this section, and any
sanctions imposed under this section, shall terminate on the
earlier of—
(A) the date that is 3 years after the date of the
enactment of this Act; or

H. R. 7776—988
(B) the date that is 30 days after the date on which
the President certifies to Congress that—
(i) the Government of the Russian Federation has
ceased its destabilizing activities with respect to the
sovereignty and territorial integrity of Ukraine; and
(ii) such termination in the national interests of
the United States.
(2) TRANSITION RULES.—
(A) CONTINUATION OF CERTAIN AUTHORITIES.—Any
authorities exercised before the termination date under
paragraph (1) to impose sanctions with respect to a foreign
person under this section may continue to be exercised
on and after that date if the President determines that
the continuation of those authorities is in the national
interests of the United States.
(B) APPLICATION TO ONGOING INVESTIGATIONS.—The
termination date under paragraph (1) shall not apply to
any investigation of a civil or criminal violation of this
section or any regulation, license, or order issued to carry
out this section, or the imposition of a civil or criminal
penalty for such a violation, if—
(i) the violation occurred before the termination
date; or
(ii) the person involved in the violation continues
to be subject to sanctions pursuant to subparagraph
(A).
(f) EXCEPTIONS.—
(1) EXCEPTIONS FOR AUTHORIZED INTELLIGENCE AND LAW
ENFORCEMENT AND NATIONAL SECURITY ACTIVITIES.—This section shall not apply with respect to activities subject to the
reporting requirements under title V of the National Security
Act of 1947 (50 U.S.C. 3091 et seq.) or any authorized intelligence, law enforcement, or national security activities of the
United States.
(2) EXCEPTION TO COMPLY WITH INTERNATIONAL AGREEMENTS.—Sanctions under subsection (b)(2) may not apply with
respect to the admission of an alien to the United States
if such admission is necessary to comply with the obligations
of the United States under the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June
26, 1947, and entered into force November 21, 1947, between
the United Nations and the United States, or the Convention
on Consular Relations, done at Vienna April 24, 1963, and
entered into force March 19, 1967, or other international obligations.
(3) HUMANITARIAN EXEMPTION.—The President shall not
impose sanctions under this section with respect to any person
for conducting or facilitating a transaction for the sale of agricultural commodities, food, medicine, or medical devices or for
the provision of humanitarian assistance.
(4) EXCEPTION RELATING TO IMPORTATION OF GOODS.—
(A) IN GENERAL.—The requirement or authority to
impose sanctions under this section shall not include the
authority or a requirement to impose sanctions on the
importation of goods.

H. R. 7776—989
(B) GOOD DEFINED.—In this paragraph, the term ‘‘good’’
means any article, natural or manmade substance, material, supply, or manufactured product, including inspection
and test equipment, and excluding technical data.
(g) DEFINITIONS.—In this section:
(1) The terms ‘‘admission’’, ‘‘admitted’’, ‘‘alien’’, and ‘‘lawfully admitted for permanent residence’’ have the meanings
given those terms in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101).
(2) The term ‘‘foreign person’’ means an individual or entity
that is not a United States person.
(3) The term ‘‘knowingly’’, with respect to conduct, a circumstance, or a result, means that a person has actual knowledge, or should have known, of the conduct, the circumstance,
or the result.
(4) The term ‘‘United States person’’ means—
(A) a United States citizen or an alien lawfully
admitted for permanent residence to the United States;
(B) an entity organized under the laws of the United
States or any jurisdiction within the United States,
including a foreign branch of such an entity; or
(C) any person in the United States.
SEC. 5591. RENEGOTIATION OF COMPACTS OF FREE ASSOCIATION.

(a) SENSE OF CONGRESS.—It is the sense of Congress as follows:
(1) The United States shares deep ties, history and interests
with the Freely Associated States of the Republic of the Marshall Islands, Federated States of Micronesia, and Palau and
continues a special, unique and mutually beneficial relationship
with them under the decades-old Compacts of Free Association.
(2) Under the Compacts, the United States has undertaken
the responsibility and obligation to provide and ensure the
security and defense of the Freely Associated States.
(3) The Compacts are critical to the national security of
the United States and its allies and partners and are the
bedrock of the United States role in the Pacific.
(4) Renewal of key provisions of the Compacts, now being
renegotiated with each nation, is critical for regional security.
(5) Maintaining and strengthening the Compacts supports
both United States national security and the United States
responsibility for the security and defense of the Freely Associated States.
(b) BRIEFING ON RENEGOTIATIONS.—Not later than 90 days
after the date of the enactment of this Act, the Secretary of State,
in coordination with the Secretary of Defense and the Secretary
of the Interior, shall brief the following committees on the status
of the renegotiations of the Compacts of Free Association described
in subsection (a) and opportunities to expand its support for the
renegotiations:
(1) The congressional defense committees.
(2) The Committee on Foreign Affairs and the Committee
on Natural Resources of the House of Representatives.
(3) The Committee on Foreign Relations and the Committee
on Energy and Natural Resources of the Senate.

H. R. 7776—990
SEC. 5592. SECRETARY OF STATE ASSISTANCE FOR PRISONERS IN
ISLAMIC REPUBLIC OF IRAN.

(a) STATEMENT OF POLICY.—It is the policy of the United States
that—
(1) the Islamic Republic of Iran should allow the United
Nations Special Rapporteur on the Situation of Human Rights
in the Islamic Republic of Iran unimpeded access to facilitate
the full implementation of the mandate of the United Nations
Special Rapporteur, including—
(A) investigating alleged violations of human rights
that are occurring or have occurred both within prisons
and elsewhere;
(B) transmitting urgent appeals and letters to the
Islamic Republic of Iran regarding alleged violations of
human rights; and
(C) engaging with relevant stakeholders in the Islamic
Republic of Iran and the surrounding region;
(2) the Islamic Republic of Iran should immediately end
violations of the human rights of political prisoners or persons
imprisoned for exercising the right to freedom of speech,
including—
(A) torture;
(B) denial of access to health care; and
(C) denial of a fair trial;
(3) all prisoners of conscience and political prisoners in
the Islamic Republic of Iran should be unconditionally and
immediately released;
(4) all diplomatic tools of the United States should be
invoked to ensure that all prisoners of conscience and political
prisoners in the Islamic Republic of Iran are released, including
raising individual cases of particular concern; and
(5) all officials of the government of the Islamic Republic
of Iran who are responsible for human rights abuses in the
form of politically motivated imprisonment should be held to
account, including through the imposition of sanctions pursuant
to the Global Magnitsky Human Rights Accountability Act (22
U.S.C. 10101 et seq.) and other applicable statutory authorities
of the United States.
(b) ASSISTANCE FOR PRISONERS.—The Secretary of State is
authorized to continue to provide assistance to civil society organizations that support prisoners of conscience and political prisoners
in the Islamic Republic of Iran, including organizations that—
(1) work to secure the release of such prisoners;
(2) document violations of human rights with respect to
such prisoners;
(3) support international advocacy to raise awareness of
issues relating to such prisoners;
(4) support the health, including mental health, of such
prisoners; and
(5) provide post-incarceration assistance to enable such
prisoners to resume normal lives, including access to education,
employment, or other forms of reparation.
(c) DEFINITIONS.—In this section:
(1) The term ‘‘political prisoner’’ means a person who has
been detained or imprisoned on politically motivated grounds.
(2) The term ‘‘prisoner of conscience’’ means a person who—

H. R. 7776—991
(A) is imprisoned or otherwise physically restricted
solely in response to the peaceful exercise of the human
rights of such person; and
(B) has not used violence or advocated violence or
hatred.
SEC. 5593. IRAN NUCLEAR WEAPONS CAPABILITY AND TERRORISM
MONITORING ACT OF 2022.

(a) SHORT TITLE.—This section may be cited as the ‘‘Iran
Nuclear Weapons Capability and Terrorism Monitoring Act of 2022’’.
(b) SENSE OF CONGRESS.—It is the sense of Congress that—
(1) an Islamic Republic of Iran that possesses a nuclear
weapons capability would be a serious threat to the national
security of the United States, Israel, and other allies and partners;
(2) the Islamic Republic of Iran has been less than cooperative with international inspectors from the International Atomic
Energy Agency and has obstructed their ability to inspect facilities as well as data and recordings collected by surveillance
equipment across Iran;
(3) the Islamic Republic of Iran continues to advance missile and drone programs, which are a threat to the national
security of the United States, Israel, and other allies and partners;
(4) the Islamic Republic of Iran continues to support proxies
in the Middle East in a manner that—
(A) undermines the sovereignty of regional governments;
(B) threatens the safety of United States citizens;
(C) threatens United States allies and partners; and
(D) directly undermines the national security interests
of the United States;
(5) the Islamic Republic of Iran has engaged in assassination plots against former United States officials and has been
implicated in plots to kidnap United States citizens within
the United States;
(6) the Islamic Republic of Iran is engaged in unsafe and
unprofessional maritime activity that threatens the movement
of naval vessels of the United States and the free flow of
commerce through strategic maritime chokepoints in the Middle
East and North Africa;
(7) the Islamic Republic of Iran has delivered hundreds
of armed drones to the Russian Federation, which will enable
Vladimir Putin to continue the assault against Ukraine in
direct opposition of the national security interests of the United
States; and
(8) the United States must—
(A) ensure that the Islamic Republic of Iran does not
acquire a nuclear weapons capability;
(B) protect against aggression from the Islamic
Republic of Iran manifested through its missiles and drone
programs; and
(C) counter regional and global terrorism of the Islamic
Republic of Iran in a manner that minimizes the threat
posed by state and non-state actors to the interests of
the United States.
(c) DEFINITIONS.—In this section:

H. R. 7776—992
(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term
‘‘appropriate congressional committees’’ means—
(A) the Committee on Foreign Relations, the Committee on Appropriations, the Committee on Armed Services, the Committee on Energy and Natural Resources,
and the Select Committee on Intelligence of the Senate;
and
(B) the Committee on Foreign Affairs, the Committee
on Appropriations, the Committee on Armed Services, the
Committee on Energy and Commerce, and the Permanent
Select Committee on Intelligence of the House of Representatives.
(2) COMPREHENSIVE SAFEGUARDS AGREEMENT.—The term
‘‘Comprehensive Safeguards Agreement’’ means the Agreement
between the Islamic Republic of Iran and the International
Atomic Energy Agency for the Application of Safeguards in
Connection with the Treaty on the Non-Proliferation of Nuclear
Weapons, done at Vienna June 19, 1973.
(3) INTELLIGENCE COMMUNITY.—The term ‘‘intelligence
community’’ has the meaning given the term in section 3 of
the National Security Act of 1947 (50 U.S.C. 3003).
(4) TASK FORCE.—The term ‘‘task force’’ means the task
force established under subsection (d).
(5) UNMANNED AIRCRAFT SYSTEM.—The term ‘‘unmanned
aircraft system’’ has the meaning given the term in section
44801 of title 49, United States Code.
(d) ESTABLISHMENT OF INTERAGENCY TASK FORCE ON NUCLEAR
ACTIVITY AND GLOBAL REGIONAL TERRORISM OF THE ISLAMIC
REPUBLIC OF IRAN.—
(1) ESTABLISHMENT.—The Secretary of State shall establish
a task force to coordinate and synthesize efforts by the United
States Government regarding—
(A) nuclear activity of the Islamic Republic of Iran
or its proxies; and
(B) regional and global terrorism activity by the Islamic
Republic of Iran or its proxies.
(2) COMPOSITION.—
(A) CHAIRPERSON.—The Secretary of State shall be the
Chairperson of the task force.
(B) MEMBERSHIP.—
(i) IN GENERAL.—The task force shall be composed
of individuals, each of whom shall be an employee
of and appointed to the task force by the head of
one of the following agencies:
(I) The Department of State.
(II) The Department of Defense.
(III) The Department of Energy.
(ii) ADDITIONAL MEMBERS.—The Chairperson may
appoint to the task force additional individuals from
other Federal agencies, as the Chairperson considers
necessary.
(iii) INTELLIGENCE COMMUNITY SUPPORT.—The
Director of National Intelligence shall ensure that the
task force receives all appropriate support from the
intelligence community.
(3) SUNSET.—The task force shall terminate on December
31, 2028.

H. R. 7776—993
(e) ASSESSMENTS.—
(1) INTELLIGENCE ASSESSMENT ON NUCLEAR ACTIVITY.—
(A) IN GENERAL.—Not later than 120 days after the
date of the enactment of this Act, and every 180 days
thereafter until December 31, 2028, the Director of
National Intelligence shall submit to the appropriate
congressional committees an assessment regarding any
uranium enrichment, nuclear weapons development,
delivery vehicle development, and associated engineering
and research activities of the Islamic Republic of Iran.
(B) CONTENTS.—The assessment required by subparagraph (A) shall include—
(i) a description and location of current fuel cycle
activities for the production of fissile material being
undertaken by the Islamic Republic of Iran, including—
(I) research and development activities to procure or construct additional advanced IR-2, IR6 and other model centrifuges and enrichment cascades, including for stable isotopes;
(II) research and development of reprocessing
capabilities, including—
(aa) reprocessing of spent fuel; and
(bb) extraction of medical isotopes from
irradiated uranium targets;
(III) activities with respect to designing or constructing reactors, including—
(aa) the construction of heavy water reactors;
(bb) the manufacture or procurement of
reactor components, including the intended
application of such components; and
(cc) efforts to rebuild the original reactor
at Arak;
(IV) uranium mining, concentration, conversion, and fuel fabrication, including—
(aa) estimated uranium ore production
capacity and annual recovery;
(bb) recovery processes and ore concentrate production capacity and annual
recovery;
(cc) research and development with
respect to, and the annual rate of, conversion
of uranium; and
(dd) research and development with
respect to the fabrication of reactor fuels,
including the use of depleted, natural, and
enriched uranium; and
(V) activities with respect to—
(aa) producing or acquiring plutonium or
uranium (or their alloys);
(bb) conducting research and development
on plutonium or uranium (or their alloys);
(cc) uranium metal; or
(dd) casting, forming, or machining plutonium or uranium;
(ii) with respect to any activity described in clause
(i), a description, as applicable, of—

H. R. 7776—994
(I) the number and type of centrifuges used
to enrich uranium and the operating status of
such centrifuges;
(II) the number and location of any enrichment
or associated research and development facility
used to engage in such activity;
(III) the amount of heavy water, in metric
tons, produced by such activity and the acquisition
or manufacture of major reactor components,
including, for the second and subsequent assessments, the amount produced since the last assessment;
(IV) the number and type of fuel assemblies
produced by the Islamic Republic of Iran, including
failed or rejected assemblies; and
(V) the total amount of—
(aa) uranium–235 enriched to not greater
than 5 percent purity;
(bb) uranium–235 enriched to greater
than 5 percent purity and not greater than
20 percent purity;
(cc) uranium–235 enriched to greater than
20 percent purity and not greater than 60
percent purity;
(dd) uranium–235 enriched to greater
than 60 percent purity and not greater than
90 percent purity; and
(ee) uranium–235 enriched greater than
90 percent purity;
(iii) a description of any weaponization plans and
weapons development capabilities of the Islamic
Republic of Iran, including—
(I) plans and capabilities with respect to—
(aa) weapon design, including fission, warhead miniaturization, and boosted and early
thermonuclear weapon design;
(bb) high yield fission development;
(cc) design, development, acquisition, or
use of computer models to simulate nuclear
explosive devices;
(dd) design, development, fabricating,
acquisition, or use of explosively driven neutron sources or specialized materials for explosively driven neutron sources; and
(ee) design, development, fabrication,
acquisition, or use of precision machining and
tooling that could enable the production of
nuclear explosive device components;
(II) the ability of the Islamic Republic of Iran
to deploy a working or reliable delivery vehicle
capable of carrying a nuclear warhead;
(III) the estimated breakout time for the
Islamic Republic of Iran to develop and deploy
a nuclear weapon, including a crude nuclear
weapon; and

H. R. 7776—995
(IV) the status and location of any research
and development work site related to the preparation of an underground nuclear test;
(iv) an identification of any clandestine nuclear
facilities;
(v) an assessment of whether the Islamic Republic
of Iran maintains locations to store equipment,
research archives, or other material previously used
for a weapons program or that would be of use to
a weapons program that the Islamic Republic of Iran
has not declared to the International Atomic Energy
Agency;
(vi) any diversion by the Islamic Republic of Iran
of uranium, carbon-fiber, or other materials for use
in an undeclared or clandestine facility;
(vii) an assessment of activities related to developing or acquiring the capabilities for the production
of nuclear weapons, conducted at facilities controlled
by the Ministry of Defense and Armed Forces Logistics
of Iran, the Islamic Revolutionary Guard Corps, and
the Organization of Defensive Innovation and
Research, including an analysis of gaps in knowledge;
(viii) a description of activities between the Islamic
Republic of Iran and other countries or persons with
respect to sharing information on, or providing other
forms of support for, the acquisition of a nuclear
weapons
capability
or
activities
related
to
weaponization;
(ix) with respect to any new ballistic, cruise, or
hypersonic missiles being designed and tested by the
Islamic Republic of Iran or any of its proxies, a description of—
(I) the type of missile;
(II) the range of such missiles;
(III) the capability of such missiles to deliver
a nuclear warhead;
(IV) the number of such missiles; and
(V) any testing of such missiles;
(x) an assessment of whether the Islamic Republic
of Iran or any of its proxies possesses an unmanned
aircraft system or other military equipment capable
of delivering a nuclear weapon; and
(xi) an assessment of the extent to which the
Islamic Republic of Iran is providing drones, missiles,
or related technology from other countries to its proxies
or partners.
(2) ASSESSMENT ON SUPPORT FOR REGIONAL AND GLOBAL
TERRORISM OF THE ISLAMIC REPUBLIC OF IRAN.—
(A) IN GENERAL.—Not later than 120 days after the
date of the enactment of this Act, and annually thereafter
until December 31, 2028, the Director of National Intelligence shall submit to the appropriate congressional
committees an assessment regarding the regional and
global terrorism of the Islamic Republic of Iran.
(B) CONTENTS.—The assessment required by subparagraph (A) shall include—

H. R. 7776—996
(i) a description of the lethal support of the Islamic
Republic of Iran, including training, equipment, and
associated intelligence support, to regional and global
non-state terrorist groups and proxies;
(ii) a description of the lethal support of the Islamic
Republic of Iran, including training and equipment,
to state actors;
(iii) an assessment of financial support of the
Islamic Republic of Iran to non-state terrorist groups
and proxies and associated Iranian revenue streams
funding such support;
(iv) an assessment of the threat posed by the
Islamic Republic of Iran and Iranian-supported groups
to members of the Armed Forces, diplomats, and military and diplomatic facilities of the United States;
(v) a description of attacks by, or sponsored by,
the Islamic Republic of Iran against members of the
Armed Forces, diplomats, and military and diplomatic
facilities of the United States and the associated
response by the United States Government in the previous year;
(vi) a description of attacks by, or sponsored by,
the Islamic Republic of Iran against United States
partners or allies and the associated response by the
United States Government in the previous year;
(vii) an assessment of interference by the Islamic
Republic of Iran into the elections and political processes of sovereign countries in the Middle East and
North Africa in an effort to create conditions for or
shape agendas more favorable to the policies of the
Government of the Islamic Republic of Iran;
(viii) a description of any plots by the Islamic
Republic of Iran against former and current United
States officials;
(ix) a description of any plots by the Islamic
Republic of Iran against United States citizens both
abroad and within the United States; and
(x) a description of maritime activity of the Islamic
Republic of Iran and associated impacts on the free
flow of commerce and the national security interests
of the United States.
(3) FORM; PUBLIC AVAILABILITY; DUPLICATION.—
(A) FORM.—Each assessment required by this subsection shall be submitted in unclassified form but may
include a classified annex for information that, if released,
would be detrimental to the national security of the United
States. In addition, any classified portion may contain an
additional annex provided to the congressional intelligence
committees that details information and analysis that
would otherwise disclose sensitive sources and methods.
(B) PUBLIC AVAILABILITY.—The unclassified portion of
an assessment required by this subsection shall be made
available to the public on an internet website of the Office
of the Director of National Intelligence.
(C) DUPLICATION.—For any assessment required by
this subsection, the Director of National Intelligence may
rely upon existing products that reflect the current analytic

H. R. 7776—997
judgment of the intelligence community, including reports
or products produced in response to congressional mandate
or requests from executive branch officials.
(f) DIPLOMATIC STRATEGY TO ADDRESS IDENTIFIED NUCLEAR,
BALLISTIC MISSILE, AND TERRORISM THREATS TO THE UNITED
STATES.—
(1) IN GENERAL.—Not later than 30 days after the submission of the initial assessment under subsection (e)(1), and
annually thereafter until December 31, 2028, the Secretary
of State, in consultation with the task force, shall submit to
the appropriate congressional committees a diplomatic strategy
that outlines a comprehensive plan for engaging with partners
and allies of the United States regarding uranium enrichment,
nuclear weaponization, missile development, and drone-related
activities and regional and global terrorism of the Islamic
Republic of Iran.
(2) CONTENTS.—The diplomatic strategy required by paragraph (1) shall include—
(A) an assessment of whether the Islamic Republic
of Iran—
(i) is in compliance with the Comprehensive Safeguards Agreement and modified Code 3.1 of the Subsidiary Arrangements to the Comprehensive Safeguards Agreement as well as the nuclear related
commitments endorsed in United Nations Security
Council Resolution 2231 (2015); and
(ii) has denied access to sites that the International
Atomic Energy Agency has sought to inspect during
previous 1-year period;
(B) a description of any dual-use item (as defined under
section 730.3 of title 15, Code of Federal Regulations or
listed on the List of Nuclear-Related Dual-Use Equipment,
Materials, Software, and Related Technology issued by the
Nuclear Suppliers Group or any successor list) the Islamic
Republic of Iran is using to further the nuclear weapon,
missile, or drone program;
(C) a description of efforts of the United States to
counter efforts of the Islamic Republic of Iran to project
political and military influence into the Middle East;
(D) a description of efforts to address the increased
threat that new or evolving uranium enrichment, nuclear
weaponization, missile, or drone development activities by
the Islamic Republic of Iran pose to United States citizens,
the diplomatic presence of the United States in the Middle
East, and the national security interests of the United
States;
(E) a description of efforts to address the threat that
terrorism by, or sponsored by, the Islamic Republic of Iran
poses to United States citizens, the diplomatic presence
of the United States in the Middle East, and the national
security interests of the United States;
(F) a description of efforts to address the impact of
the influence of the Islamic Republic of Iran on sovereign
governments on the safety and security of United States
citizens, the diplomatic presence of the United States in
the Middle East, and the national security interests of
the United States;

H. R. 7776—998
(G) a description of a coordinated whole-of-government
approach to use political, economic, and security related
tools to address such activities; and
(H) a comprehensive plan for engaging with allies and
regional partners in all relevant multilateral fora to
address such activities.
(3) UPDATED STRATEGY RELATED TO NOTIFICATION.—Not
later than 45 days after the Chairperson determines that there
has been a significant development in the nuclear weapons
capability or nuclear weapons delivery systems capability of
the Islamic Republic of Iran, the Secretary of State shall submit
to the appropriate congressional committees an update to the
most recent diplomatic strategy submitted under paragraph
(1).

Subtitle H—Reports
SEC. 5594. MODIFICATION TO PEACEKEEPING OPERATIONS REPORT.

Section 6502 of the National Defense Authorization Act for
Fiscal Year 2022 (22 U.S.C. 2348 note) is amended—
(1) in subsection (a)—
(A) by amending paragraph (4) to read as follows:
‘‘(4) As applicable, a description of specific training on
monitoring and adhering to international human rights and
humanitarian law provided to the foreign country or entity
receiving the assistance.’’; and
(B) by striking paragraphs (7) and (8);
(2) in subsection (b)—
(A) in the subsection heading, by striking ‘‘ON PROGRAMS UNDER PEACEKEEPING OPERATIONS ACCOUNT’’; and
(B) in paragraph (1), in the matter preceding subparagraph (A)—
(i) by inserting ‘‘authorized under section 551 of
the Foreign Assistance Act of 1961 (22 U.S.C. 2348)
and’’ after ‘‘security assistance’’; and
(ii) by striking ‘‘foreign countries’’ and all that
follows through the colon and inserting ‘‘foreign countries for any of the following purposes:’’;
(3) by redesignating subsection (c) as subsection (d); and
(4) by inserting after subsection (b), as amended, the following:
‘‘(c) COORDINATION OF SUBMISSION.—The Secretary of State
is authorized to integrate the elements of the report required by
subsection (b) into other reports required to be submitted annually
to the appropriate congressional committees.’’.
SEC. 5595. REPORT ON INDO-PACIFIC REGION.

(a) IN GENERAL.—
(1) IN GENERAL.—Not later than one year after the date
of the enactment of this Act, the Assistant Secretary of State
for the Bureau of East Asian and Pacific Affairs, in coordination
with the Assistant Secretary of State for the Bureau of South
and Central Asian Affairs and Assistant Administrator for the
Bureau for Asia of the United States Agency for International
Development (USAID), shall submit to the congressional foreign
affairs committees a report that contains a 2-year strategy

H. R. 7776—999
assessing the resources and activities required to achieve the
policy objectives described in subsection (c).
(2) SUBMISSION AND UPDATE.—The report and strategy
required by this subsection shall—
(A) be submitted at the same time as the submission
of the budget of the President (submitted to Congress
pursuant to section 1105 of title 31, United States Code)
for fiscal year 2024; and
(B) be updated and submitted at the same time as
the submission of the budget of the President (submitted
to Congress pursuant to section 1105 of title 31, United
States Code) for fiscal years 2026, 2028, and 2030.
(b) CRITERIA.—The report and strategy required in subsection
(a) shall be developed in accordance with the following criteria:
(1) It shall reflect the objective, autonomous, and independent assessment of the activities, resources, and costs
required to achieve objectives detailed in subsection (c) by the
principals, the subordinate and parallel offices providing input
into the assessment.
(2) It shall cover a period of five fiscal years, beginning
with the fiscal year following the fiscal year in which the
report is submitted.
(3) It shall incorporate input from United States Ambassadors in the Indo-Pacific region provided explicitly for the
required report.
(4) It may include information gathered through consultation with program offices and subject matter experts in relevant
functional bureaus, as deemed necessary by the principals.
(5) It shall not be subject to fiscal guidance or global
strategic tradeoffs associated with the annual President’s
budget request.
(c) POLICY OBJECTIVES.—The report and strategy required in
subsection (a) shall assess the activities and resources required
to achieve the following policy objectives:
(1) Implementing the Interim National Security Strategic
Guidance, or the most recent National Security Strategy, with
respect to the Indo-Pacific region.
(2) Implementing the 2022 Indo-Pacific Strategy, or successor documents, that set forth the United States Government
strategy toward the Indo-Pacific region.
(3) Implementing the State-USAID Joint Strategic Plan
with respect to the Indo-Pacific region.
(4) Enhancing meaningful diplomatic and economic relations with allies and partners in the Indo-Pacific and demonstrate an enduring United States commitment to the region.
(5) Securing and advancing United States national interests
in the Indo-Pacific, including through countering the malign
influence of the Government of the People’s Republic of China.
(d) MATTERS TO BE INCLUDED.—The report and strategy
required under subsection (a) shall include the following:
(1) A description of the Bureaus’ bilateral and multilateral
goals for the period covered in the report that the principals
deem necessary to accomplish the objectives outlined in subsection (c), disaggregated by country and forum.
(2) A timeline with annual benchmarks for achieving the
objectives described in subsection (c).

H. R. 7776—1000
(3) An assessment of the sufficiency of United States diplomatic personnel and facilities currently available in the IndoPacific region to achieve the objectives outlined in subsection
(c), through consultation with United States embassies in the
region. The assessment shall include:
(A) A list, in priority order, of locations in the IndoPacific region that require additional diplomatic personnel
or facilities.
(B) A description of locations where the United States
may be able to collocate diplomatic personnel at allied
or partner embassies and consulates.
(C) A discussion of embassies or consulates where diplomatic staff could be reduced within the Indo-Pacific
region, where appropriate.
(D) A detailed description of the fiscal and personnel
resources required to fill gaps identified.
(4) A detailed plan to expand United States diplomatic
engagement and foreign assistance presence in the Pacific
Island nations within the next five years, including a description of ‘‘quick impact’’ programs that can be developed and
implemented within the first fiscal year of the period covered
in the report.
(5) A discussion of the resources needed to enhance United
States strategic messaging and spotlight coercive behavior by
the People’s Republic of China.
(6) A detailed description of the resources and policy tools
needed to expand the United States ability to offer high-quality
infrastructure projects in strategically significant parts of the
Indo-Pacific region, with a particular focus on expanding investments in Southeast Asia and the Pacific Islands.
(7) A gap assessment of security assistance by country,
and of the resources needed to fill those gaps.
(8) A description of the resources and policy tools needed
to facilitate continued private sector investment in partner
countries in the Indo-Pacific.
(9) A discussion of any additional bilateral or regional
assistance resources needed to achieve the objectives outlined
in subsection (c), as deemed necessary by the principals.
(e) FORM.—The report required under subsection (a) shall be
submitted in an unclassified form, but may include a classified
annex.
(f) AVAILABILITY.—Not later than February 1 each year, the
Assistant Secretary for East Asian and Pacific Affairs shall make
the report and strategy available to the Secretary of State, the
Administrator of the USAID, the Deputy Secretary of State, the
Deputy Secretary of State for Management and Resources, the
Deputy Administrator for Policy and Programming, the Deputy
Administrator for Management and Resources, the Under Secretary
of State for Political Affairs, the Director of the Office of Foreign
Assistance at the Department of State, the Director of the Bureau
of Foreign Assistance at the USAID, and the Director of Policy
Planning.
(g) DEFINITIONS.—In this section:
(1) INDO-PACIFIC REGION.—The term ‘‘Indo-Pacific region’’
means the countries under the jurisdiction of the Bureau for
East Asian and Pacific Affairs, as well as the countries of

H. R. 7776—1001
Bangladesh, Bhutan, India, Maldives, Nepal, Pakistan, and
Sri Lanka.
(2) FOREIGN AFFAIRS COMMITTEES.—The term ‘‘foreign
affairs committees’’ means—
(A) the Committee on Foreign Relations and the Subcommittee on State, Foreign Operations, and Related Programs of the Committee on Appropriations of the Senate;
and
(B) the Committee on Foreign Affairs and the Subcommittee on State, Foreign Operations, Related Programs
of the Committee on Appropriations of the House of Representatives.
(3) PRINCIPALS.—The term ‘‘principals’’ means the Assistant
Secretary of State for the Bureau of East Asian and Pacific
Affairs, the Assistant Secretary of State for the Bureau of
South and Central Asian Affairs, and the Assistant Administrator for the Bureau for Asia of the United States Agency
for International Development.
SEC. 5596. REPORT ON HUMANITARIAN SITUATION AND FOOD SECURITY IN LEBANON.

(a) REPORT REQUIRED.—Not later than 90 days after the date
of the enactment of this Act, the Secretary of State, in consultation
with the Secretary of Defense and in coordination with the Administrator of the United States Agency for International Development,
shall submit to the appropriate congressional committees a report
that contains an evaluation of the humanitarian situation in Lebanon, as well as the impact of the deficit of wheat imports due
to Russia’s further invasion of Ukraine, initiated on February 24,
2022.
(b) ELEMENTS.—The report required by subsection (a) shall
include the following elements:
(1) The projected increase in malnutrition in Lebanon.
(2) The estimated increase in the number of food insecure
individuals in Lebanon.
(3) The estimated number of individuals who will be faced
with acute malnutrition due to food price inflation in Lebanon.
(4) Actions United States Government allies and partners
are taking to address the matters described in paragraphs
(1), (2), and (3).
(5) The potential impact of food insecurity in Lebanon
on Department of Defense goals and objectives in Lebanon.
(c) FORM OF REPORT.—The report required by subsection (a)
shall be submitted in an unclassified form, but may contain a
classified annex.
(d) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In
this section, the term ‘‘appropriate congressional committees’’
means—
(1) the Committee on Armed Services, the Committee on
Foreign Relations, and the Committee on Appropriations of
the Senate; and
(2) the Committee on Armed Services, the Committee on
Foreign Affairs, and the Committee on Appropriations of the
House of Representatives.

H. R. 7776—1002
SEC. 5597. STATEMENT OF POLICY AND REPORT ON ENGAGING WITH
NIGER.

(a) STATEMENT

OF

POLICY.—It is the policy of the United States

to—
(1) continue to support Niger’s efforts to advance democracy, good governance, human rights, and regional security
within its borders through bilateral assistance and multilateral
initiatives;
(2) enhance engagement and cooperation with the Nigerien
Government at all levels as a key component of stabilizing
the Sahel, where frequent coups and other anti-democratic
movements, food insecurity, violent extremism, and armed conflict threaten to further weaken governments throughout the
region; and
(3) work closely with partners and allies throughout the
international community to elevate Niger, which experienced
its first democratic transition of power in 2021, as an example
of transitioning from longstanding military governance and a
cycle of coups to a democratic, civilian-led form of government.
(b) REPORT REQUIRED.—Not later than 180 days after the date
of the enactment of this Act, the Secretary of State, in consultation
with the heads of relevant departments and agencies, shall submit
to the appropriate congressional committees a report on interagency
efforts to enhance United States engagement with Niger as a key
component of the United States Strategy toward the Sahel. Such
report shall also include the following information with respect
to the 2 fiscal years preceding the date of the submission of the
report:
(1) A description of United States efforts to promote democracy, political pluralism, fiscal transparency and other good
governance initiatives, human rights and the rule of law, and
a robust and engaged civil society.
(2) A full, detailed breakdown of United States assistance
provided to help the Nigerien Government develop a comprehensive national security strategy, including to counter terrorism, regional and transnational organized crime, intercommunal violence, and other forms of armed conflict, criminal
activity, and other threats to United States and Nigerien
national security.
(3) An analysis of relevant resources at the United States
Embassy in Niamey, including whether staff in place by the
end of the current fiscal year will be sufficient to meet various
country and regional strategic objectives.
(4) An overview of foreign partner support for Niger’s intelligence and security sector.
(5) A detailed description of United States and international
efforts to address food insecurity in Niger, including that which
is caused by deforestation, desertification, and other climate
change-related issues.
(6) A breakdown of United States funds obligated for
humanitarian assistance in Niger, and an analysis of how the
security situation in Niger has affected humanitarian operations and diplomatic engagement throughout the country.
(7) An assessment of foreign malign influence in Niger,
with a specific focus on the People’s Republic of China, the
Russian Federation, and their proxies.

H. R. 7776—1003
(c) FORM.—The report required by subsection (b) shall be submitted in unclassified form, and may include a classified annex.
(d) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In
this section, the term ‘‘appropriate congressional committees’’
means—
(1) the Committee on Foreign Affairs and the Committee
on Financial Services of the House of Representatives; and
(2) the Committee on Foreign Relations and the Committee
on Banking, Housing, and Urban Affairs of the Senate.
SEC. 5598. REPORT ON BILATERAL SECURITY AND LAW ENFORCEMENT
COOPERATION WITH MEXICO.

(a) IN GENERAL.—Not later than 180 days after the date of
the enactment of this Act, the President shall submit to the appropriate congressional committees a report that includes the following:
(1) A description of past and current bilateral security
and law enforcement cooperation with Mexico, including
through United States Northern Command, the Department
of Homeland Security, the Department of Justice (including
the Drug Enforcement Administration), and the Department
of State (including the Bureau of International Narcotics and
Law Enforcement Affairs), including over the preceding 10
years.
(2) A summary of efforts of the Government of Mexico
to reduce impunity and strengthen judicial processes for violent
crimes and cartels across Mexico and along the United StatesMexico border.
(3) A description and mapping of increasing cartel control
over Mexican territory and its impacts on United States
national security.
(4) An assessment of any changes in Mexico’s electoral
and democratic institutions, including their ability to ensure
accountability for human rights violations, and its impacts on
national security.
(b) FORM.—The report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex.
The unclassified portion of such report shall be published on a
publicly available website of the Federal government.
(c) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In
this section, the term ‘‘appropriate congressional committees’’
means—
(1) the congressional defense committees;
(2) the Committee on Foreign Relations, the Select Committee on Intelligence, the Committee on Homeland Security
and Governmental Affairs, and the Committee on the Judiciary
of the Senate; and
(3) the Committee on Foreign Affairs, the Permanent Select
Committee on Intelligence, the Committee on Homeland Security, and the Committee on the Judiciary of the House of
Representatives.
SEC. 5599. REPORT ON CHINESE SUPPORT TO RUSSIA WITH RESPECT
TO ITS UNPROVOKED INVASION OF AND FULL-SCALE WAR
AGAINST UKRAINE.

(a) IN GENERAL.—Not later than 30 days after the date of
the enactment of this Act, and every 90 days thereafter until
the sunset specified in subsection (d), the Secretary of State, in
consultation with the Secretary of Commerce and the Director of

H. R. 7776—1004
National Intelligence as appropriate, shall submit to the appropriate
congressional committees a report on whether and how the People’s
Republic of China (PRC), including the Government of the PRC,
the Chinese Communist Party, any PRC state-owned enterprise,
and any other PRC entity, has provided support to the Russian
Federation with respect to its unprovoked invasion of and fullscale war against Ukraine.
(b) MATTERS TO BE INCLUDED.—The report required by subsection (a) shall include a discussion of the support provided by
the PRC to the Russian Federation with respect to—
(1) helping the Government of Russia or Russian entities
evade or circumvent United States sanctions or multilateral
sanctions and export controls;
(2) deliberately inhibiting on-site United States Government export control end-use checks, including interviews and
investigations, in the PRC;
(3) providing Russia with any technology, including semiconductors classified as EAR99, that supports Russian intelligence or military capabilities;
(4) establishing economic or financial arrangements that
will have the effect of alleviating the impact of United States
sanctions or multilateral sanctions;
(5) furthering Russia’s disinformation and propaganda
efforts;
(6) coordinating to hinder the response of multilateral
organizations, including the United Nations, to provide assistance to the people or Government of Ukraine, to condemn
Russia’s war, to hold Russia accountable for the invasion and
its prosecution of the war, or to hold those complicit accountable; and
(7) providing any material, technical, or logistical support,
including to Russian military or intelligence agencies and stateowned or state-linked enterprises.
(c) FORM.—
(1) IN GENERAL.—The report required by subsection (a)
shall be submitted in unclassified form and published on a
publicly available website of the Department of State.
(2) EXCEPTION.—If the Secretary, in consultation with the
Director of National Intelligence, certifies to the appropriate
congressional committees that the Secretary is unable to include
an element required under any of paragraphs (1) through (7)
of subsection (b) in an unclassified manner, the Secretary shall
provide in unclassified form an affirmative or negative determination with respect to whether the People’s Republic of China
is supporting the Russian Federation in the manner described
in each applicable such paragraph and concurrently provide
the discussion of that element to the appropriate congressional
committees at the lowest possible classification level, consistent
with the protection of sources and methods.
(d) SUNSET.—The requirement to submit the report under subsection (a) shall terminate on the earlier of—
(1) the date on which the Secretary of State determines
the conflict in Ukraine has ended; or
(2) the date that is 2 years after the date of the enactment
of this Act.

H. R. 7776—1005
(e) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In
this section, the term ‘‘appropriate congressional committees’’
means—
(1) the congressional defense committees;
(2) the Committee on Foreign Relations, the Committee
on Banking, Housing, and Urban Affairs, and the Select Committee on Intelligence of the Senate; and
(3) the Committee on Foreign Affairs, the Committee on
Ways and Means, and the Permanent Select Committee on
Intelligence of the House of Representatives.
SEC. 5599A. FEASIBILITY STUDY ON UNITED STATES SUPPORT FOR
AND PARTICIPATION IN THE INTERNATIONAL COUNTERˆ TE D’IVOIRE.
TERRORISM ACADEMY IN CO

(a) STATEMENT OF POLICY.—It is the policy of the United States
to partner with West African governments where possible to mitigate and counter growing regional insecurity resulting from the
spread of armed conflict and terrorism, including by providing
assistance to train, equip, and mentor West African security services
to counter threats to regional and national security through a
whole-of-government approach.
(b) FEASIBILITY STUDY.—Not later than 90 days after the date
of the enactment of this Act, the Secretary of State, in consultation
with the Secretary of Defense, shall conduct a feasibility study
regarding the provision of United States assistance for infrastructure, training, equipment, and other forms of support to institutionalize the International Counterterrorism Academy (Acade´mie
Internationale de Lutte Contre le Terrorisme or AILCT) in
Jacqueville, Coˆte d’Ivoire that—
(1) provides a legal analysis of existing authorities to provide United States foreign assistance dedicated to the development and establishment of AILCT programs, initiatives, and
infrastructure for the purposes of training, equipping, and mentoring eligible West African security services bilaterally or in
coordination with partners and allies;
(2) identifies opportunities for the United States to leverage
and support the AILCT facility to pursue national security
interests in West Africa, the Sahel, sub-Saharan Africa, and
the strategic Atlantic Ocean coastal and maritime environments, including through training and research activities, infrastructure development, combatting transnational terrorist and
organized crime threats, and countering foreign malign influence throughout the region; and
(3) assesses any planned and pledged contributions from
other countries to ensure appropriate sustainment of the facilities and burden sharing.
(c) FORMS.—The feasibility study required by subsection (b)
shall be submitted in unclassified form, but may contain a classified
annex.
(d) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In
this section, the term ‘‘appropriate congressional committees’’
means—
(1) the Committee on Foreign Relations, the Committee
on Armed Services, and the Committee on Appropriations of
the Senate; and

H. R. 7776—1006
(2) the Committee on Foreign Affairs, the Committee on
Armed Services, and the Committee on Appropriations of the
House of Representatives.
SEC. 5599B. CONSULTATIONS ON REUNITING KOREAN AMERICANS
WITH FAMILY MEMBERS IN NORTH KOREA.

(a) CONSULTATIONS.—
(1) CONSULTATIONS WITH SOUTH KOREA.—The Secretary of
State, or a designee of the Secretary, should consult with officials of South Korea, as appropriate, on potential opportunities
to reunite Korean American families with family members in
North Korea from which such Korean American families were
divided after the signing of the Korean War Armistice Agreement, including potential opportunities for video reunions for
Korean Americans with such family members.
(2) CONSULTATIONS WITH KOREAN AMERICANS.—The Special
Envoy on North Korean Human Rights Issues of the Department of State should regularly consult with representatives
of Korean Americans who have family members in North Korea
with respect to efforts to reunite families divided after the
signing of the Korean War Armistice Agreement, including
potential opportunities for video reunions for Korean Americans
with such family members.
(b) REPORT.—Not later than 120 days after the date of the
enactment of this Act, and annually thereafter for three years,
the Secretary of State, acting through the Special Envoy on North
Korean Human Rights Issues or other appropriate designee, shall
submit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate
a report on the consultations conducted pursuant to this section
during the preceding year.

Subtitle I—Sense of Congress Provisions
SEC. 5599C. SENSE OF CONGRESS REGARDING THE STATUS OF CHINA.

It is the sense of Congress that—
(1) the People’s Republic of China is a fully industrialized
nation and no longer a developing nation; and
(2) any international agreement that provides or accords
China a favorable status or treatment as a ‘‘developing nation’’
should be updated to reflect the status of China.
SEC. 5599D. SENSE OF CONGRESS REGARDING ISRAEL.

It is the sense of Congress that—
(1) since 1948, Israel has been one of the strongest friends
and allies of the United States;
(2) Israel is a stable, democratic country in a region often
marred by turmoil;
(3) it is essential to the strategic interest of the United
States to continue to offer security assistance and related support to Israel; and
(4) such assistance and support is especially vital as Israel
confronts a number of potential challenges at the present time,
including continuing threats from Iran.

H. R. 7776—1007
SEC. 5599E. SENSE OF CONGRESS RELATING TO THE NATO PARLIAMENTARY ASSEMBLY.

It is the sense of Congress that the United States should—
(1) proactively engage with the North Atlantic Treaty
Organization (NATO) Parliamentary Assembly (PA) and its
member delegations;
(2) communicate with and educate the public on the benefits and importance of NATO and NATO PA; and
(3) support increased inter-democracy and inter-parliamentary
cooperation
on
countering
misinformation
and
disinformation.
SEC. 5599F. CONDEMNING DETENTION AND INDICTMENT OF RUSSIAN
OPPOSITION LEADER VLADIMIR VLADIMIROVICH KARAMURZA.

(a) FINDINGS.—Congress finds the following:
(1) Vladimir Vladimirovich Kara-Murza (referred to in this
section as ‘‘Mr. Kara-Murza’’) has tirelessly worked for decades
to advance the cause of freedom, democracy, and human rights
for the people of the Russian Federation.
(2) In retaliation for his advocacy, two attempts have been
made on Mr. Kara-Murza’s life, as—
(A) on May 26, 2015, Mr. Kara-Murza fell ill with
symptoms indicative of poisoning and was hospitalized;
and
(B) on February 2, 2017, he fell ill with similar symptoms and was placed in a medically induced coma.
(3) Independent investigations conducted by Bellingcat, the
Insider, and Der Spiegel found that the same unit of the Federal
Security Service of the Russian Federation responsible for poisoning Mr. Kara-Murza was responsible for poisoning Russian
opposition leader Alexei Navalny and activists Timur Kuashev,
Ruslan Magomedragimov, and Nikita Isayev.
(4) On February 24, 2022, Vladimir Putin launched another
unprovoked, unjustified, and illegal invasion into Ukraine in
contravention of the obligations freely undertaken by the Russian Federation to respect the territorial integrity of Ukraine
under the Budapest Memorandum of 1994, the Minsk protocols
of 2014 and 2015, and international law.
(5) On March 5, 2022, Vladimir Putin signed a law
criminalizing the distribution of truthful statements about the
invasion of Ukraine by the Russian Federation and mandating
up to 15 years in prison for such offenses.
(6) Since February 24, 2022, Mr. Kara-Murza has used
his voice and platform to join more than 15,000 citizens of
the Russian Federation in peacefully protesting the war against
Ukraine and millions more who silently oppose the war.
(7) On April 11, 2022, five police officers arrested Mr.
Kara-Murza in front of his home and denied his right to an
attorney, and the next day Mr. Kara-Murza was sentenced
to 15 days in prison for disobeying a police order.
(8) On April 22, 2022, the Investigative Committee of the
Russian Federation charged Mr. Kara-Murza with violations
under the law signed on March 5, 2022, for his fact-based
statements condemning the invasion of Ukraine by the Russian
Federation.

H. R. 7776—1008
(9) Mr. Kara-Murza was then placed into pretrial detention
and ordered to be held until at least June 12, 2022.
(10) If convicted of those charges, Mr. Kara-Murza faces
detention in a penitentiary system that human rights nongovernmental organizations have criticized for widespread torture, ill-treatment, and suspicious deaths of prisoners.
(b) SENSE OF CONGRESS.—It is the sense of Congress that
Congress—
(1) condemns the unjust detention and indicting of Russian
opposition leader Vladimir Vladimirovich Kara-Murza, who has
courageously stood up to oppression in the Russian Federation;
(2) expresses solidarity with Vladimir Vladimirovich KaraMurza, his family, and all individuals in the Russian Federation
imprisoned for exercising their fundamental freedoms of speech,
assembly, and belief;
(3) urges the United States Government and other allied
governments to work to secure the immediate release of
Vladimir Vladimirovich Kara-Murza, Alexei Navalny, and other
citizens of the Russian Federation imprisoned for opposing
the regime of Vladimir Putin and the war against Ukraine;
and
(4) calls on the President to increase support provided
by the United States Government for those advocating for
democracy and independent media in the Russian Federation,
which Vladimir Vladimirovich Kara-Murza has worked to
advance.
SEC. 5599G. SENSE OF CONGRESS REGARDING DEVELOPMENT OF
NUCLEAR WEAPONS BY IRAN.

Congress—
(1) reiterates its commitment to ensuring Iran will never
acquire a nuclear weapon;
(2) supports the important work of the International Atomic
Energy Agency (IAEA) in safeguarding nuclear material around
the globe;
(3) condemns Iran for its lack of transparency and meaningful cooperation with the IAEA on the unresolved matter of
uranium particles discovered at undeclared sites in Iran and
additional escalatory actions related to its nuclear program;
and
(4) applauds the IAEA Board of Governors’ resolution
urging Iran’s full cooperation with the IAEA on outstanding
safeguards issues on an urgent basis.

TITLE LVI—TRANSPORTATION AND
INFRASTRUCTURE
Sec.
Sec.
Sec.
Sec.
Sec.

5601.
5602.
5603.
5604.
5605.

Designation of small State and rural advocate.
Flexibility.
Preliminary damage assessment.
Letter of deviation authority.
Recognizing FEMA support.

SEC. 5601. DESIGNATION OF SMALL STATE AND RURAL ADVOCATE.

(a) IN GENERAL.—Section 326(c) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5165d) is
amended—

H. R. 7776—1009
(1) by striking ‘‘and’’ at the end of paragraph (2);
(2) by redesignating paragraph (3) as paragraph (4); and
(3) by inserting after paragraph (2) the following:
‘‘(3) assist States in the collection and presentation of material in the disaster or emergency declaration request relevant
to demonstrate severe localized impacts within the State for
a specific incident, including—
‘‘(A) the per capita personal income by local area, as
calculated by the Bureau of Economic Analysis;
‘‘(B) the disaster impacted population profile, as
reported by the Bureau of the Census, including—
‘‘(i) the percentage of the population for whom
poverty status is determined;
‘‘(ii) the percentage of the population already
receiving Government assistance such as Supplemental
Security Income and Supplemental Nutrition Assistance Program benefits;
‘‘(iii) the pre-disaster unemployment rate;
‘‘(iv) the percentage of the population that is 65
years old and older;
‘‘(v) the percentage of the population 18 years old
and younger;
‘‘(vi) the percentage of the population with a disability;
‘‘(vii) the percentage of the population who speak
a language other than English and speak English less
than ‘very well’; and
‘‘(viii) any unique considerations regarding American Indian and Alaskan Native Tribal populations
raised in the State’s request for a major disaster declaration that may not be reflected in the data points
referenced in this subparagraph;
‘‘(C) the impact to community infrastructure,
including—
‘‘(i) disruptions to community life-saving and lifesustaining services;
‘‘(ii) disruptions or increased demand for essential
community services; and
‘‘(iii) disruptions to transportation, infrastructure,
and utilities; and
‘‘(D) any other information relevant to demonstrate
severe local impacts; and’’.
(b) GAO REVIEW OF A FINAL RULE.—
(1) IN GENERAL.—The Comptroller General of the United
States shall conduct a review of the Federal Emergency
Management Agency’s implementation of its final rule, published on March 21, 2019, amending section 206.48(b) of title
44, Code of Federal Regulations (regarding factors considered
when evaluating a Governor’s request for a major disaster
declaration), which revised the factors that the Agency considers when evaluating a Governor’s request for a major disaster declaration authorizing individual assistance under the
Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5121 et seq).
(2) SCOPE.—The review required under paragraph (1) shall
include the following:

H. R. 7776—1010
(A) An assessment of the criteria used by the Agency
to assess individual assistance requests following a major
disaster declaration authorizing individual assistance.
(B) An assessment of the consistency with which the
Agency uses the updated Individual Assistance Declaration
Factors when assessing the impact of individual communities after a major disaster declaration.
(C) An assessment of the impact, if any, of using the
updated Individual Assistance Declaration Factors has had
on equity in disaster recovery outcomes.
(D) Recommendations to improve the use of the Individual Assistance Declaration Factors to increase equity
in disaster recovery outcomes.
(3) REPORT.—Not later than 1 year after the date of enactment of this Act, the Comptroller General shall submit to
the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Homeland
Security and Governmental Affairs of the Senate a report on
the review required under this section.
SEC. 5602. FLEXIBILITY.

(a) IN GENERAL.—Section 1216(a) of the Disaster Recovery
Reform Act of 2018 (42 U.S.C. 5174a(a)) is amended—
(1) by amending paragraph (2)(A) to read as follows:
‘‘(A) except as provided in subparagraph (B), shall—
‘‘(i) waive a debt owed to the United States related
to covered assistance provided to an individual or
household if the covered assistance was distributed
based on an error by the Agency and such debt shall
be construed as a hardship; and
‘‘(ii) waive a debt owed to the United States related
to covered assistance provided to an individual or
household if such assistance is subject to a claim or
legal action, including in accordance with section of
the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5160); and’’; and
(2) in paragraph (3)(B)—
(A) by striking ‘‘Removal of’’ and inserting ‘‘Report
on’’; and
(B) in clause (ii) by striking ‘‘the authority of the
Administrator to waive debt under paragraph (2) shall
no longer be effective’’ and inserting ‘‘the Administrator
shall report to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Homeland Security and Governmental Affairs
of the Senate actions that the Administrator will take
to reduce the error rate’’.
(b) REPORT TO CONGRESS.—The Administrator of the Federal
Emergency Management Agency shall submit to the Committee
on Transportation and Infrastructure of the House of Representatives and the Committee on Homeland Security and Governmental
Affairs of the Senate a report containing a description of the internal
processes used to make decisions regarding the distribution of covered assistance under section 1216 of the Disaster Recovery and
Reform Act of 2018 (42 U.S.C. a) and any changes made to such
processes.

H. R. 7776—1011
SEC. 5603. PRELIMINARY DAMAGE ASSESSMENT.

(a) FINDINGS.—Congress finds the following:
(1) Preliminary damage assessments play a critical role
in assessing and validating the impact and magnitude of a
disaster.
(2) Through the preliminary damage assessment process,
representatives from the Federal Emergency Management
Agency validate information gathered by State and local officials that serves as the basis for disaster assistance requests.
(3) Various factors can impact the duration of a preliminary
damage assessment and the corresponding submission of a
major disaster request, however, the average time between
when a disaster occurs, and the submission of a corresponding
disaster request has been found to be approximately twenty
days longer for flooding disasters.
(4) With communities across the country facing increased
instances of catastrophic flooding and other extreme weather
events, accurate and efficient preliminary damage assessments
have become critically important to the relief process for
impacted States and municipalities.
(b) REPORT TO CONGRESS.—
(1) IN GENERAL.—Not later than 90 days after the date
of enactment of this Act, the Administrator of the Federal
Emergency Management Agency shall submit to Congress a
report describing the preliminary damage assessment process,
as supported by the Federal Emergency Management Agency
in the 5 years before the date of enactment of this Act.
(2) CONTENTS.—The report described in paragraph (1) shall
contain the following:
(A) The process of the Federal Emergency Management
Agency for deploying personnel to support preliminary
damage assessments.
(B) The number of Agency staff participating on disaster assessment teams.
(C) The training and experience of such staff described
in subparagraph (B).
(D) A calculation of the average amount of time disaster assessment teams described in subparagraph (A) are
deployed to a disaster area.
(E) The efforts of the Agency to maintain a consistent
liaison between the Agency and State, local, tribal, and
territorial officials within a disaster area.
(c) PRELIMINARY DAMAGE ASSESSMENT.—
(1) IN GENERAL.—Not later than 6 months after the date
of enactment of this Act, the Administrator of the Federal
Emergency Management Agency shall convene an advisory
panel consisting of emergency management personnel employed
by State, local, territorial, or tribal authorities, and the representative organizations of such personnel to assist the Agency
in improving critical components of the preliminary damage
assessment process.
(2) MEMBERSHIP.—
(A) IN GENERAL.—This advisory panel shall consist of
at least 2 representatives from national emergency management organizations and at least 1 representative from each
of the 10 regions of the Federal Emergency Management
Agency, selected from emergency management personnel

H. R. 7776—1012
employed by State, local, territorial, or tribal authorities
within each region.
(B) INCLUSION ON PANEL.—To the furthest extent practicable, representation on the advisory panel shall include
emergency management personnel from both rural and
urban jurisdictions.
(3) CONSIDERATIONS.—The advisory panel convened under
paragraph (1) shall—
(A) consider—
(i) establishing a training regime to ensure preliminary damage assessments are conducted and reviewed
under consistent guidelines;
(ii) utilizing a common technological platform to
integrate data collected by State and local governments
with data collected by the Agency; and
(iii) assessing instruction materials provided by
the Agency for omissions of pertinent information or
language that conflicts with other statutory requirements; and
(B) identify opportunities for streamlining the consideration of preliminary damage assessments by the Agency,
including eliminating duplicative paperwork requirements
and ensuring consistent communication and decision
making among Agency staff.
(4) INTERIM REPORT.—Not later than 18 months after the
date of enactment of this Act, the Administrator shall submit
to Congress a report regarding the findings of the advisory
panel, steps that will be undertaken by the Agency to implement the findings of the advisory panel, and additional legislation that may be necessary to implement the findings of the
advisory panel.
(5) RULEMAKING AND FINAL REPORT.—Not later than 2 years
after the date of enactment of this Act, the Administrator
shall issue such regulations as are necessary to implement
the recommendations of the advisory panel and submit to Congress a report discussing—
(A) the implementation of recommendations from the
advisory panel;
(B) the identification of any additional challenges to
the preliminary damage assessment process, including
whether specific disasters result in longer preliminary damage assessments; and
(C) any additional legislative recommendations necessary to improve the preliminary damage assessment
process.
SEC. 5604. LETTER OF DEVIATION AUTHORITY.

A flight instructor, registered owner, lessor, or lessee of an
aircraft shall not be required to obtain a letter of deviation authority
from the Administrator of the Federal Aviation Administration
to allow, conduct or receive flight training, checking, and testing
in an experimental aircraft if—
(1) the flight instructor is not providing both the training
and the aircraft;
(2) no person advertises or broadly offers the aircraft as
available for flight training, checking, or testing; and

H. R. 7776—1013
(3) no person receives compensation for use of the aircraft
for a specific flight during which flight training, checking, or
testing was received, other than expenses for owning, operating,
and maintaining the aircraft.
SEC. 5605. RECOGNIZING FEMA SUPPORT.

Congress finds the following:
(1) The Federal Emergency Management Agency provides
vital support to communities and disaster survivors in the
aftermath of major disasters, including housing assistance for
individuals and families displaced from their homes.
(2) The Federal Emergency Management Agency should
be encouraged to study the idea integrating collapsible shelters
for appropriate non-congregate sheltering needs into the disaster preparedness stockpile.

TITLE LVII—FINANCIAL SERVICES
MATTERS
TITLE LVII—FINANCIAL SERVICES MATTERS
Sec. 5701. United States policy on World Bank Group and Asian Development
Bank assistance to the People’s Republic of China.
Sec. 5702. Support for international initiatives to provide debt restructuring or relief to developing countries with unsustainable levels of debt.
Sec. 5703. Ukraine debt payment relief.
Sec. 5704. Isolate Russian Government Officials Act of 2022.
Sec. 5705. Fair hiring in banking.
Sec. 5706. Banking Transparency for Sanctioned Persons Act of 2022.
Sec. 5707. Flexibility in addressing rural homelessness.
Sec. 5708. Master account and services database.
SEC. 5701. UNITED STATES POLICY ON WORLD BANK GROUP AND
ASIAN DEVELOPMENT BANK ASSISTANCE TO THE PEOPLE’S REPUBLIC OF CHINA.

(a) IN GENERAL.—Title XVI of the International Financial
Institutions Act (22 U.S.C. 262p et seq.) is amended by adding
at the end the following:
‘‘SEC. 1632. UNITED STATES POLICY ON WORLD BANK GROUP AND
ASIAN DEVELOPMENT BANK ASSISTANCE TO THE PEOPLE’S REPUBLIC OF CHINA.

‘‘(a) IN GENERAL.—The Secretary of the Treasury shall instruct
the United States Executive Director at each international financial
institution of the World Bank Group and at the Asian Development
Bank to use the voice and vote of the United States at the respective
institution to vote against the provision of any loan, extension
of financial assistance, or technical assistance to the People’s
Republic of China unless the Secretary of the Treasury has certified
to the appropriate congressional committees that—
‘‘(1) the Government of the People’s Republic of China
and any lender owned or controlled by the Government of
the People’s Republic of China have demonstrated a commitment—
‘‘(A) to the rules and principles of the Paris Club,
or of other similar coordinated multilateral initiatives on
debt relief and debt restructuring in which the United
States participates, including with respect to debt transparency and appropriate burden-sharing among all creditors;

H. R. 7776—1014
‘‘(B) to the practice of presumptive public disclosure
of the terms and conditions on which they extend credit
to other governments (without regard to the form of any
such extension of credit);
‘‘(C) not to enforce any agreement terms that may
impair their own or the borrowers’ capacity fully to implement any commitment described in subparagraph (A) or
(B); and
‘‘(D) not to enter into any agreement containing terms
that may impair their own or the borrowers’ capacity fully
to implement any commitment described in subparagraph
(A) or (B); or
‘‘(2) the loan or assistance is important to the national
interest of the United States, as described in a detailed explanation by the Secretary to accompany the certification.
‘‘(b) DEFINITIONS.—In this section:
‘‘(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term
‘appropriate congressional committees’ means the Committee
on Financial Services of the House of Representatives and
the Committee on Foreign Relations of the Senate.
‘‘(2) WORLD BANK GROUP.—The term ‘World Bank Group’
means the International Bank for Reconstruction and Development, the International Development Association, the International Finance Corporation, and the Multilateral Investment
Guarantee Agency.’’.
(b) SUNSET.—The amendment made by subsection (a) is
repealed effective on the date that is 7 years after the effective
date of this section.
SEC. 5702. SUPPORT FOR INTERNATIONAL INITIATIVES TO PROVIDE
DEBT RESTRUCTURING OR RELIEF TO DEVELOPING
COUNTRIES WITH UNSUSTAINABLE LEVELS OF DEBT.

(a) IN GENERAL.—Title XVI of the International Financial
Institutions Act (22 U.S.C. 262p et seq.), as amended by section
5701, is further amended by adding at the end the following:
‘‘SEC. 1633. SUPPORT FOR INTERNATIONAL INITIATIVES TO PROVIDE
DEBT RESTRUCTURING OR RELIEF TO DEVELOPING
COUNTRIES WITH UNSUSTAINABLE LEVELS OF DEBT.

‘‘(a) DEBT RELIEF.—The Secretary of the Treasury, in consultation with the Secretary of State, shall—
‘‘(1) engage with international financial institutions, the
G20, and official and commercial creditors to advance support
for prompt and effective implementation and improvement of
the Common Framework for Debt Treatments beyond the DSSI
(in this section referred to as the ‘Common Framework’), or
any successor framework or similar coordinated international
debt treatment process in which the United States participates
through the establishment and publication of clear and accountable—
‘‘(A) debt treatment benchmarks designed to achieve
debt sustainability for each participating debtor;
‘‘(B) standards for appropriate burden-sharing among
all creditors with material claims on each participating
debtor, without regard for their official, private, or hybrid
status;
‘‘(C) robust debt disclosure by creditors, including the
People’s Republic of China, and debtor countries, including

H. R. 7776—1015
inter-creditor data-sharing and, to the maximum extent
practicable, public disclosure of material terms and conditions of claims on participating debtors;
‘‘(D) expansion of Common Framework country eligibility to lower middle-income countries who otherwise meet
the existing criteria;
‘‘(E) improvements to the Common Framework process
with the aim of ensuring access to debt relief in a timely
manner for those countries eligible and who request treatment; and
‘‘(F) consistent enforcement and improvement of the
policies of multilateral institutions relating to asset-based
and revenue-based borrowing by participating debtors, and
coordinated standards on restructuring collateralized debt;
‘‘(2) engage with international financial institutions and
official and commercial creditors to advance support, as the
Secretary finds appropriate, for debt restructuring or debt relief
for each participating debtor, including, on a case-by- case
basis, a debt standstill, if requested by the debtor country
through the Common Framework process from the time of
conclusion of a staff-level agreement with the International
Monetary Fund, and until the conclusion of a memorandum
of understanding with its creditor committee pursuant to the
Common Framework, or any successor framework or similar
coordinated international debt treatment process in which the
United States participates; and
‘‘(3) instruct the United States Executive Director at the
International Monetary Fund and the United States Executive
Director at the World Bank to use the voice and vote of the
United States to advance the efforts described in paragraphs
(1) and (2).
‘‘(b) REPORTING REQUIREMENT.—Not later than 120 days after
the date of the enactment of this section, and annually thereafter,
the Secretary of the Treasury, in coordination with the Secretary
of State, shall submit to the Committees on Banking, Housing,
and Urban Affairs and Foreign Relations of the Senate and the
Committees on Financial Services and Foreign Affairs of the House
of Representatives a report that describes—
‘‘(1) any actions that have been taken, in coordination
with international financial institutions, by official creditors,
including the government of, and state-owned enterprises in,
the People’s Republic of China, and relevant commercial creditor groups to advance debt restructuring or relief for countries
with unsustainable debt that have sought restructuring or relief
under the Common Framework, any successor framework or
mechanism, or under any other coordinated international
arrangement for sovereign debt restructuring in which the
United States participates;
‘‘(2) any implementation challenges that hinder the ability
of the Common Framework to provide timely debt restructuring
for any country with unsustainable debt that seeks debt restructuring or debt payment relief, including any refusal of a creditor
to participate in appropriate burden-sharing, including failure
to share (or publish, as appropriate) all material information
needed to assess debt sustainability; and
‘‘(3) recommendations on how to address any challenges
identified in paragraph (2).’’.

H. R. 7776—1016
(b) SUNSET.—The amendment made by subsection (a) is
repealed effective on the date that is 5 years after the effective
date of this section.
SEC. 5703. UKRAINE DEBT PAYMENT RELIEF.

(a) SUSPENSION OF MULTILATERAL DEBT PAYMENTS OF
UKRAINE.—
(1) UNITED STATES POSITION IN THE INTERNATIONAL FINANCIAL INSTITUTIONS.—The Secretary of the Treasury shall
instruct the United States Executive Director at each international financial institution (as defined in section 1701(c)(2)
of the International Financial Institutions Act) to use the voice,
vote, and influence of the United States to advocate that the
respective institution immediately provide appropriate debt
service relief to Ukraine.
(2) OFFICIAL BILATERAL AND COMMERCIAL DEBT SERVICE
PAYMENT RELIEF.—The Secretary of the Treasury, working in
coordination with the Secretary of State, shall commence immediate efforts with other governments and commercial creditor
groups, through the Paris Club of Official Creditors and other
bilateral and multilateral frameworks, both formal and
informal, to pursue comprehensive debt payment relief for
Ukraine.
(3) MULTILATERAL FINANCIAL SUPPORT FOR UKRAINE.—The
Secretary of the Treasury shall direct the United States Executive Director at each international financial institution (as
defined in section 1701(c)(2) of the International Financial
Institutions Act) to use the voice and vote of the United States
to support, to the extent practicable, the provision of
concessional financial assistance for Ukraine.
(4) MULTILATERAL FINANCIAL SUPPORT FOR REFUGEES.—The
Secretary of the Treasury shall direct the United States Executive Director at each international financial institution (as
defined in section 1701(c)(2) of the International Financial
Institutions Act) to use the voice and vote of the United States
to seek to provide economic support for refugees from Ukraine,
including refugees of African and Asian descent, and for countries receiving refugees from Ukraine that are eligible for assistance from the multilateral development banks.
(b) REPORT TO THE CONGRESS.—Not later than December 31
of each year, the President shall—
(1) submit to the Committees on Financial Services, on
Appropriations, and on Foreign Affairs of the House of Representatives and the Committees on Foreign Relations and
on Appropriations of the Senate, a report on the activities
undertaken under this section; and
(2) make public a copy of the report.
(c) WAIVER AND TERMINATION.—
(1) WAIVER.—The President may waive the application of
this section if the President determines that a waiver is in
the national interest of the United States and reports to the
Congress an explanation of the reasons therefor.
(2) TERMINATION.—This section shall have no force or effect
on the earlier of—
(A) the date that is 7 years after the date of the
enactment of this Act; or

H. R. 7776—1017
(B) the date that is 30 days after the date on which
the President reports to Congress that the Government
of the Russian Federation has ceased its destabilizing
activities with respect to the sovereignty and territorial
integrity of Ukraine.
SEC. 5704. ISOLATE RUSSIAN GOVERNMENT OFFICIALS ACT OF 2022.

(a) STATEMENT OF POLICY.—It is the policy of the United States
to seek to exclude government officials of the Russian Federation,
to the maximum extent practicable, from participation in meetings,
proceedings, and other activities of the following organizations:
(1) Group of 20.
(2) Bank for International Settlements.
(3) Basel Committee for Banking Standards.
(4) Financial Stability Board.
(5) International Association of Insurance Supervisors.
(6) International Organization of Securities Commissions.
(b) IMPLEMENTATION.—The Secretary of the Treasury, the
Board of Governors of the Federal Reserve System, and the Securities and Exchange Commission, as the case may be, shall take
all necessary steps to advance the policy set forth in subsection
(a).
(c) TERMINATION.—This section shall have no force or effect
on the earlier of—
(1) the date that is 5 years after the date of the enactment
of this Act; or
(2) the date that is 30 days after the date on which the
President reports to Congress that the Government of the Russian Federation has ceased its destabilizing activities with
respect to the sovereignty and territorial integrity of Ukraine.
(d) WAIVER.—The President may waive the application of this
section if the President reports to the Congress that the waiver
is in the national interest of the United States and includes an
explanation of the reasons therefor.
SEC. 5705. FAIR HIRING IN BANKING.

(a) FEDERAL DEPOSIT INSURANCE ACT.—Section 19 of the Federal Deposit Insurance Act (12 U.S.C. 1829) is amended—
(1) by inserting after subsection (b) the following:
‘‘(c) EXCEPTIONS.—
‘‘(1) CERTAIN OLDER OFFENSES.—
‘‘(A) IN GENERAL.—With respect to an individual, subsection (a) shall not apply to an offense if—
‘‘(i) it has been 7 years or more since the offense
occurred; or
‘‘(ii) the individual was incarcerated with respect
to the offense and it has been 5 years or more since
the individual was released from incarceration.
‘‘(B) OFFENSES COMMITTED BY INDIVIDUALS 21 OR
YOUNGER.—For individuals who committed an offense when
they were 21 years of age or younger, subsection (a) shall
not apply to the offense if it has been more than 30 months
since the sentencing occurred.
‘‘(C) LIMITATION.—This paragraph shall not apply to
an offense described under subsection (a)(2).
‘‘(2) EXPUNGEMENT AND SEALING.—With respect to an individual, subsection (a) shall not apply to an offense if—

H. R. 7776—1018
‘‘(A) there is an order of expungement, sealing, or
dismissal that has been issued in regard to the conviction
in connection with such offense; and
‘‘(B) it is intended by the language in the order itself,
or in the legislative provisions under which the order was
issued, that the conviction shall be destroyed or sealed
from the individual’s State, Tribal, or Federal record, even
if exceptions allow the record to be considered for certain
character and fitness evaluation purposes.
‘‘(3) DE MINIMIS EXEMPTION.—
‘‘(A) IN GENERAL.—Subsection (a) shall not apply to
such de minimis offenses as the Corporation determines,
by rule.
‘‘(B) CONFINEMENT CRITERIA.—In issuing rules under
subparagraph (A), the Corporation shall include a requirement that the offense was punishable by a term of three
years or less confined in a correctional facility, where such
confinement—
‘‘(i) is calculated based on the time an individual
spent incarcerated as a punishment or a sanction, not
as pretrial detention; and
‘‘(ii) does not include probation or parole where
an individual was restricted to a particular jurisdiction
or was required to report occasionally to an individual
or a specific location.
‘‘(C) BAD CHECK CRITERIA.—In setting the criteria for
de minimis offenses under subparagraph (A), if the Corporation establishes criteria with respect to insufficient
funds checks, the Corporation shall require that the aggregate total face value of all insufficient funds checks across
all convictions or program entries related to insufficient
funds checks is $2,000 or less.
‘‘(D) DESIGNATED LESSER OFFENSES.—Subsection (a)
shall not apply to certain lesser offenses (including the
use of a fake ID, shoplifting, trespass, fare evasion, driving
with an expired license or tag, and such other low-risk
offenses as the Corporation may designate) if 1 year or
more has passed since the applicable conviction or program
entry.’’; and
(2) by adding at the end the following:
‘‘(f) CONSENT APPLICATIONS.—
‘‘(1) IN GENERAL.—The Corporation shall accept consent
applications from an individual and from an insured depository
institution or depository institution holding company on behalf
of an individual that are filed separately or contemporaneously
with a regional office of the Corporation.
‘‘(2) SPONSORED APPLICATIONS FILED WITH REGIONAL
OFFICES.—Consent applications filed at a regional office of the
Corporation by an insured depository institution or depository
institution holding company on behalf of an individual—
‘‘(A) shall be reviewed by such office;
‘‘(B) may be approved or denied by such office, if such
authority has been delegated to such office by the Corporation; and
‘‘(C) may only be denied by such office if the general
counsel of the Corporation (or a designee) certifies that
the denial is consistent with this section.

H. R. 7776—1019
‘‘(3) INDIVIDUAL APPLICATIONS FILED
OFFICES.—Consent applications filed at a

WITH

REGIONAL

regional office by

an individual—
‘‘(A) shall be reviewed by such office; and
‘‘(B) may be approved or denied by such office, if such
authority has been delegated to such office by the Corporation, except with respect to—
‘‘(i) cases involving an offense described under subsection (a)(2); and
‘‘(ii) such other high-level security cases as may
be designated by the Corporation.
‘‘(4) NATIONAL OFFICE REVIEW.—The national office of the
Corporation shall—
‘‘(A) review any consent application with respect to
which a regional office is not authorized to approve or
deny the application; and
‘‘(B) review any consent application that is denied by
a regional office, if the individual requests a review by
the national office.
‘‘(5) FORMS AND INSTRUCTIONS.—
‘‘(A) AVAILABILITY.—The Corporation shall make all
forms and instructions related to consent applications available to the public, including on the website of the Corporation.
‘‘(B) CONTENTS.—The forms and instructions described
under subparagraph (A) shall provide a sample cover letter
and a comprehensive list of items that may accompany
the application, including clear guidance on evidence that
may support a finding of rehabilitation.
‘‘(6) CONSIDERATION OF CRIMINAL HISTORY.—
‘‘(A) REGIONAL OFFICE CONSIDERATION.—In reviewing
a consent application, a regional office shall—
‘‘(i) primarily rely on the criminal history record
of the Federal Bureau of Investigation; and
‘‘(ii) provide such record to the applicant to review
for accuracy.
‘‘(B) CERTIFIED COPIES.—The Corporation may not
require an applicant to provide certified copies of criminal
history records unless the Corporation determines that
there is a clear and compelling justification to require
additional information to verify the accuracy of the criminal
history record of the Federal Bureau of Investigation.
‘‘(7) CONSIDERATION OF REHABILITATION.—Consistent with
title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e
et seq.), the Corporation shall—
‘‘(A) conduct an individualized assessment when evaluating consent applications that takes into account evidence
of rehabilitation, the applicant’s age at the time of the
conviction or program entry, the time that has elapsed
since conviction or program entry, and the relationship
of individual’s offense to the responsibilities of the
applicable position;
‘‘(B) consider the individual’s employment history, letters of recommendation, certificates documenting participation in substance abuse programs, successful participating
in job preparation and educational programs, and other
relevant mitigating evidence; and

H. R. 7776—1020
‘‘(C) consider any additional information the Corporation determines necessary for safety and soundness.
‘‘(8) SCOPE OF EMPLOYMENT.—With respect to an approved
consent application filed by an insured depository institution
or depository institution holding company on behalf of an individual, if the Corporation determines it appropriate, such
approved consent application shall allow the individual to work
for the same employer (without restrictions on the location)
and across positions, except that the prior consent of the Corporation (which may require a new application) shall be
required for any proposed significant changes in the individual’s
security-related duties or responsibilities, such as promotion
to an officer or other positions that the employer determines
will require higher security screening credentials.
‘‘(9) COORDINATION WITH THE NCUA.—In carrying out this
section, the Corporation shall consult and coordinate with the
National Credit Union Administration as needed to promote
consistent implementation where appropriate.
‘‘(g) DEFINITIONS.—In this section:
‘‘(1) CONSENT APPLICATION.—The term ‘consent application’
means an application filed with Corporation by an individual
(or by an insured depository institution or depository institution
holding company on behalf of an individual) seeking the written
consent of the Corporation under subsection (a)(1).
‘‘(2) CRIMINAL OFFENSE INVOLVING DISHONESTY.—The term
‘criminal offense involving dishonesty’—
‘‘(A) means an offense under which an individual,
directly or indirectly—
‘‘(i) cheats or defrauds; or
‘‘(ii) wrongfully takes property belonging to another
in violation of a criminal statute;
‘‘(B) includes an offense that Federal, State, or local
law defines as dishonest, or for which dishonesty is an
element of the offense; and
‘‘(C) does not include—
‘‘(i) a misdemeanor criminal offense committed
more than one year before the date on which an individual files a consent application, excluding any period
of incarceration; or
‘‘(ii) an offense involving the possession of controlled substances.
‘‘(3) PRETRIAL DIVERSION OR SIMILAR PROGRAM.—The term
‘pretrial diversion or similar program’ means a program
characterized by a suspension or eventual dismissal or reversal
of charges or criminal prosecution upon agreement by the
accused to restitution, drug or alcohol rehabilitation, anger
management, or community service.’’.
(b) FEDERAL CREDIT UNION ACT.—Section 205(d) of the Federal
Credit Union Act (12 U.S.C. 1785(d)) is amended by adding at
the end the following:
‘‘(4) EXCEPTIONS.—
‘‘(A) CERTAIN OLDER OFFENSES.—
‘‘(i) IN GENERAL.—With respect to an individual,
paragraph (1) shall not apply to an offense if—
‘‘(I) it has been 7 years or more since the
offense occurred; or

H. R. 7776—1021
‘‘(II) the individual was incarcerated with
respect to the offense and it has been 5 years
or more since the individual was released from
incarceration.
‘‘(ii) OFFENSES COMMITTED BY INDIVIDUALS 21 OR
YOUNGER.—For individuals who committed an offense
when they were 21 years of age or younger, paragraph
(1) shall not apply to the offense if it has been more
than 30 months since the sentencing occurred.
‘‘(iii) LIMITATION.—This subparagraph shall not
apply to an offense described under paragraph (1)(B).
‘‘(B) EXPUNGEMENT AND SEALING.—With respect to an
individual, paragraph (1) shall not apply to an offense
if—
‘‘(i) there is an order of expungement, sealing,
or dismissal that has been issued in regard to the
conviction in connection with such offense; and
‘‘(ii) it is intended by the language in the order
itself, or in the legislative provisions under which the
order was issued, that the conviction shall be destroyed
or sealed from the individual’s State, Tribal, or Federal
record, even if exceptions allow the record to be considered for certain character and fitness evaluation purposes.
‘‘(C) DE MINIMIS EXEMPTION.—
‘‘(i) IN GENERAL.—Paragraph (1) shall not apply
to such de minimis offenses as the Board determines,
by rule.
‘‘(ii) CONFINEMENT CRITERIA.—In issuing rules
under clause (i), the Board shall include a requirement
that the offense was punishable by a term of three
years or less confined in a correctional facility, where
such confinement—
‘‘(I) is calculated based on the time an individual spent incarcerated as a punishment or a
sanction, not as pretrial detention; and
‘‘(II) does not include probation or parole
where an individual was restricted to a particular
jurisdiction or was required to report occasionally
to an individual or a specific location.
‘‘(iii) BAD CHECK CRITERIA.—In setting the criteria
for de minimis offenses under clause (i), if the Board
establishes criteria with respect to insufficient funds
checks, the Board shall require that the aggregate
total face value of all insufficient funds checks across
all convictions or program entries related to insufficient
funds checks is $2,000 or less.
‘‘(iv) DESIGNATED LESSER OFFENSES.—Paragraph
(1) shall not apply to certain lesser offenses (including
the use of a fake ID, shoplifting, trespass, fare evasion,
driving with an expired license or tag, and such other
low-risk offenses as the Board may designate) if 1
year or more has passed since the applicable conviction
or program entry.
‘‘(5) CONSENT APPLICATIONS.—
‘‘(A) IN GENERAL.—The Board shall accept consent
applications from an individual and from an insured credit

H. R. 7776—1022
union on behalf of an individual that are filed separately
or contemporaneously with a regional office of the Board.
‘‘(B) SPONSORED APPLICATIONS FILED WITH REGIONAL
OFFICES.—Consent applications filed at a regional office
of the Board by an insured credit union on behalf of an
individual—
‘‘(i) shall be reviewed by such office;
‘‘(ii) may be approved or denied by such office,
if such authority has been delegated to such office
by the Board; and
‘‘(iii) may only be denied by such office if the
general counsel of the Board (or a designee) certifies
that the denial is consistent with this section.
‘‘(C) INDIVIDUAL APPLICATIONS FILED WITH REGIONAL
OFFICES.—Consent applications filed at a regional office
by an individual—
‘‘(i) shall be reviewed by such office; and
‘‘(ii) may be approved or denied by such office,
if such authority has been delegated to such office
by the Board, except with respect to—
‘‘(I) cases involving an offense described under
paragraph (1)(B); and
‘‘(II) such other high-level security cases as
may be designated by the Board.
‘‘(D) NATIONAL OFFICE REVIEW.—The national office of
the Board shall—
‘‘(i) review any consent application with respect
to which a regional office is not authorized to approve
or deny the application; and
‘‘(ii) review any consent application that is denied
by a regional office, if the individual requests a review
by the national office.
‘‘(E) FORMS AND INSTRUCTIONS.—
‘‘(i) AVAILABILITY.—The Board shall make all forms
and instructions related to consent applications available to the public, including on the website of the
Board.
‘‘(ii) CONTENTS.—The forms and instructions
described under clause (i) shall provide a sample cover
letter and a comprehensive list of items that may
accompany the application, including clear guidance
on evidence that may support a finding of rehabilitation.
‘‘(F) CONSIDERATION OF CRIMINAL HISTORY.—
‘‘(i)
REGIONAL
OFFICE
CONSIDERATION.—In
reviewing a consent application, a regional office
shall—
‘‘(I) primarily rely on the criminal history
record of the Federal Bureau of Investigation; and
‘‘(II) provide such record to the applicant to
review for accuracy.
‘‘(ii) CERTIFIED COPIES.—The Board may not
require an applicant to provide certified copies of
criminal history records unless the Board determines
that there is a clear and compelling justification to
require additional information to verify the accuracy

H. R. 7776—1023
of the criminal history record of the Federal Bureau
of Investigation.
‘‘(G) CONSIDERATION OF REHABILITATION.—Consistent
with title VII of the Civil Rights Act of 1964 (42 U.S.C.
2000e et seq.), the Board shall—
‘‘(i) conduct an individualized assessment when
evaluating consent applications that takes into account
evidence of rehabilitation, the applicant’s age at the
time of the conviction or program entry, the time that
has elapsed since conviction or program entry, and
the relationship of individual’s offense to the responsibilities of the applicable position;
‘‘(ii) consider the individual’s employment history,
letters of recommendation, certificates documenting
participation in substance abuse programs, successful
participating in job preparation and educational programs, and other relevant mitigating evidence; and
‘‘(iii) consider any additional information the Board
determines necessary for safety and soundness.
‘‘(H) SCOPE OF EMPLOYMENT.—With respect to an
approved consent application filed by an insured credit
union on behalf of an individual, if the Board determines
it appropriate, such approved consent application shall
allow the individual to work for the same employer (without
restrictions on the location) and across positions, except
that the prior consent of the Board (which may require
a new application) shall be required for any proposed
significant changes in the individual’s security-related
duties or responsibilities, such as promotion to an officer
or other positions that the employer determines will require
higher security screening credentials.
‘‘(I) COORDINATION WITH FDIC.—In carrying out this
subsection, the Board shall consult and coordinate with
the Federal Deposit Insurance Corporation as needed to
promote consistent implementation where appropriate.
‘‘(6) DEFINITIONS.—In this subsection:
‘‘(A) CONSENT APPLICATION.—The term ‘consent
application’ means an application filed with Board by an
individual (or by an insured credit union on behalf of
an individual) seeking the written consent of the Board
under paragraph (1)(A).
‘‘(B) CRIMINAL OFFENSE INVOLVING DISHONESTY.—The
term ‘criminal offense involving dishonesty’—
‘‘(i) means an offense under which an individual,
directly or indirectly—
‘‘(I) cheats or defrauds; or
‘‘(II) wrongfully takes property belonging to
another in violation of a criminal statute;
‘‘(ii) includes an offense that Federal, State, or
local law defines as dishonest, or for which dishonesty
is an element of the offense; and
‘‘(iii) does not include—
‘‘(I) a misdemeanor criminal offense committed
more than one year before the date on which an
individual files a consent application, excluding
any period of incarceration; or

H. R. 7776—1024
‘‘(II) an offense involving the possession of controlled substances.
‘‘(C) PRETRIAL DIVERSION OR SIMILAR PROGRAM.—The
term ‘pretrial diversion or similar program’ means a program characterized by a suspension or eventual dismissal
or reversal of charges or criminal prosecution upon agreement by the accused to restitution, drug or alcohol
rehabilitation, anger management, or community service.’’.
(c) REVIEW AND REPORT TO CONGRESS.—Not later than the
end of the 2-year period beginning on the date of enactment of
this Act, the Federal Deposit Insurance Corporation and the
National Credit Union Administration shall—
(1) review the rules issued to carry out this Act and the
amendments made by this Act on—
(A) the application of section 19 of the Federal Deposit
Insurance Act (12 U.S.C. 1829) and section 205(d) of the
Federal Credit Union Act (12 U.S.C. 1785(d));
(B) the number of applications for consent applications
under such sections; and
(C) the rates of approval and denial for consent applications under such sections;
(2) make the results of the review required under paragraph (1) available to the public; and
(3) issue a report to Congress containing any legislative
or regulatory recommendations for expanding employment
opportunities for those with a previous minor criminal offense.
SEC. 5706. BANKING TRANSPARENCY FOR SANCTIONED PERSONS ACT
OF 2022.

(a) IN GENERAL.—Not later than 1 year after the date of the
enactment of this Act, and annually thereafter, the Secretary of
the Treasury shall issue a report to the Committees on Financial
Services and Foreign Affairs of the House of Representatives and
the Committees on Banking, Housing, and Urban Affairs and Foreign Relations of the Senate that includes a list of specific licenses
issued by the Secretary in the preceding 365 days that authorizes
a U.S. financial institution (as defined under section 561.309 of
title 31, Code of Federal Regulations) to provide financial services
to any of the following:
(1) The government of a state sponsor of terrorism.
(2) A person sanctioned pursuant to any of the following:
(A) Section 404 of the Russia and Moldova JacksonVanik Repeal and Sergei Magnitsky Rule of Law Accountability Act of 2012 (Public Law 112–208).
(B) Subtitle F of title XII of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114–
328, the Global Magnitsky Human Rights Accountability
Act).
(C) Executive Order No. 13818.
(b) SUBMISSION OF COPIES OF LICENSES ON REQUEST.—The
Secretary of the Treasury shall expeditiously provide a copy of
any license identified in a report required by subsection (a) to
the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs
of the Senate if an appropriate Member of Congress requests a
copy of that license not later than 60 days after submission of
the report.

H. R. 7776—1025
(c) BUSINESS CONFIDENTIAL INFORMATION.—
(1) IN GENERAL.—The Secretary of the Treasury shall, in
the report under subsection (a) and any submissions under
subsection (b), identify any proprietary information submitted
by any private sector representative and mark such information
as ‘‘business confidential information’’.
(2) TREATMENT AS TRADE SECRETS.—Business confidential
information described under paragraph (1) shall be considered
to be a matter falling within the meaning of trade secrets
and commercial or financial information exemption under section 552(b)(4) of title 5, United States Code, and shall be
exempt from disclosure under such section 552 of such title
without the express approval of the private party.
(d) AUTHORIZATION OF APPROPRIATIONS.—For the purpose of
carrying out the activities authorized under this section, there
is authorized to be appropriated to the Secretary of the Treasury
$1,000,000.
(e) SUNSET.—The section shall cease to have any force or effect
after the end of the 5-year period beginning on the date of enactment
of this Act.
(f) FORM OF REPORT AND SUBMISSIONS.—A report or submission
required under this section shall be submitted in unclassified form
but may contain a classified annex.
(g) APPROPRIATE MEMBER OF CONGRESS DEFINED.—In this section, the term ‘‘appropriate Member of Congress’’ has the meaning
given that term under section 7132(d) of the National Defense
Authorization Act for Fiscal Year 2020.
SEC. 5707. FLEXIBILITY IN ADDRESSING RURAL HOMELESSNESS.

Subsection (a) of section 423 of subtitle C of title IV of the
McKinney-Vento Homeless Assistance Act (42 U.S.C. 11383(a)) is
amended by adding at the end the following:
‘‘(13) Projects in rural areas that consist of one or more
of the following activities:
‘‘(A) Payment of short-term emergency lodging,
including in motels or shelters, directly or through
vouchers.
‘‘(B) Repairs to units—
‘‘(i) in which homeless individuals and families
will be housed; or
‘‘(ii) which are currently not fit for human habitation.
‘‘(C) Staff training, professional development, skill
development, and staff retention activities.’’.
SEC. 5708. MASTER ACCOUNT AND SERVICES DATABASE.

The Federal Reserve Act is amended by inserting after section
11B (12 U.S.C. 248b et seq.) the following:
‘‘SEC. 11C. MASTER ACCOUNT AND SERVICES DATABASE.

‘‘(a) DEFINITIONS.—In this section:
‘‘(1) ACCESS REQUEST.—The term ‘access request’ means
a request to a Federal reserve bank for access to a reserve
bank master account and services, including any written documentation or formal indication that an entity intends to seek
access to a reserve bank master account and services.
‘‘(2) OFFICIAL ACCOUNTHOLDER.—The term ‘official
accountholder’ means—

H. R. 7776—1026
‘‘(A) a foreign state, as defined in section 25B;
‘‘(B) a central bank, as defined in section 25B, other
than a commercial bank;
‘‘(C) a public international organization entitled to
enjoy privileges, exemptions, and immunities as an international organization under the International Organizations Immunities Act (22 U.S.C. 288 et seq.); and
‘‘(D) any governmental entity for which the Secretary
of the Treasury has directed a Federal reserve bank to
receive deposits as fiscal agent of the United States under
section 15.
‘‘(3) RESERVE BANK MASTER ACCOUNT AND SERVICES.—The
term ‘reserve bank master account and services’ means an
account in which a Federal reserve bank—
‘‘(A) receives deposits for an entity other than an official accountholder; or
‘‘(B) provides any service under section 11A(b) to an
entity other than an official accountholder.
‘‘(b) PUBLISHING MASTER ACCOUNT AND ACCESS INFORMATION.—
‘‘(1) ONLINE DATABASE.—The Board shall create and maintain a public, online, and searchable database that contains—
‘‘(A) a list of every entity that currently has access
to a reserve bank master account and services, including
the date on which the access was granted to the extent
the date is knowable;
‘‘(B) a list of every entity that submits an access request
for a reserve bank master account and services after enactment of this section (or that has submitted an access
request that is pending on the date of enactment of this
section), including whether, and the dates on which, a
request—
‘‘(i) was submitted; and
‘‘(ii) was approved, rejected, pending, or withdrawn; and
‘‘(C) for each list described in subparagraph (A) or
(B), the type of entity that holds or submitted an access
request for a reserve bank master account and services,
including whether such entity is—
‘‘(i) an insured depository institution, as defined
in section 3 of the Federal Deposit Insurance Act (12
U.S.C. 1813);
‘‘(ii) an insured credit union, as defined in section
101 of the Federal Credit Union Act (12 U.S.C. 1752);
or
‘‘(iii) a depository institution that is not an insured
depository institution or an insured credit union.
‘‘(2) UPDATES.—Not less frequently than once every quarter,
the Board shall update the database to add any new information
required under paragraph (1).
‘‘(3) DEADLINE.—Not later than 180 days after the date
of enactment of this section, the Board shall publish the database with the information required under paragraph (1).’’.

H. R. 7776—1027

TITLE LVIII—FINANCIAL DATA
TRANSPARENCY
Sec. 5801. Short title.
Subtitle A—Data Standards for Covered Agencies; Department of the Treasury
Rulemaking
Sec. 5811. Data standards.
Sec. 5812. Open data publication by the Department of the Treasury.
Sec. 5813. No new disclosure requirements.
Subtitle B—Securities and Exchange Commission
Sec. 5821. Data standards requirements for the Securities and Exchange Commission.
Sec. 5822. Open data publication by the Securities and Exchange Commission.
Sec. 5823. Data transparency relating to municipal securities.
Sec. 5824. Data transparency at national securities associations.
Sec. 5825. Shorter-term burden reduction and disclosure simplification at the Securities and Exchange Commission; sunset.
Sec. 5826. No new disclosure requirements.
Subtitle C—Federal Deposit Insurance Corporation
Sec. 5831. Data standards requirements for the Federal Deposit Insurance Corporation.
Sec. 5832. Open data publication by the Federal Deposit Insurance Corporation.
Sec. 5833. Rulemaking.
Sec. 5834. No new disclosure requirements.
Subtitle D—Office of the Comptroller of the Currency
Sec. 5841. Data standards and open data publication requirements for the Office of
the Comptroller of the Currency.
Sec. 5842. Rulemaking.
Sec. 5843. No new disclosure requirements.
Subtitle E—Bureau of Consumer Financial Protection
Sec. 5851. Data standards and open data publication requirements for the Bureau
of Consumer Financial Protection.
Sec. 5852. Rulemaking.
Sec. 5853. No new disclosure requirements.
Subtitle F—Federal Reserve System
Sec. 5861. Data standards requirements for the Board of Governors of the Federal
Reserve System.
Sec. 5862. Open data publication by the Board of Governors of the Federal Reserve
System.
Sec. 5863. Rulemaking.
Sec. 5864. No new disclosure requirements.
Sec.
Sec.
Sec.
Sec.

5871.
5872.
5873.
5874.

Subtitle G—National Credit Union Administration
Data standards.
Open data publication by the National Credit Union Administration.
Rulemaking.
No new disclosure requirements.

Sec.
Sec.
Sec.
Sec.

5881.
5882.
5883.
5884.

Subtitle H—Federal Housing Finance Agency
Data standards requirements for the Federal Housing Finance Agency.
Open data publication by the Federal Housing Finance Agency.
Rulemaking.
No new disclosure requirements.

Subtitle I—Miscellaneous
Sec. 5891. Rules of construction.
Sec. 5892. Classified and protected information.
Sec. 5893. Report.
SEC. 5801. SHORT TITLE.

This title may be cited as the ‘‘Financial Data Transparency
Act of 2022’’.

H. R. 7776—1028

Subtitle A—Data Standards for Covered
Agencies; Department of the Treasury
Rulemaking
SEC. 5811. DATA STANDARDS.

(a) IN GENERAL.—Subtitle A of the Financial Stability Act
of 2010 (12 U.S.C. 5321 et seq.) is amended by adding at the
end the following:
‘‘SEC. 124. DATA STANDARDS.

‘‘(a) DEFINITIONS.—In this section—
‘‘(1) the term ‘covered agencies’ means—
‘‘(A) the Department of the Treasury;
‘‘(B) the Board of Governors;
‘‘(C) the Office of the Comptroller of the Currency;
‘‘(D) the Bureau;
‘‘(E) the Commission;
‘‘(F) the Corporation;
‘‘(G) the Federal Housing Finance Agency;
‘‘(H) the National Credit Union Administration Board;
and
‘‘(I) any other primary financial regulatory agency designated by the Secretary;
‘‘(2) the terms ‘data asset’, ‘machine-readable’, ‘metadata’,
and ‘open license’ have the meanings given the terms in section
3502 of title 44, United States Code; and
‘‘(3) the term ‘data standard’ means a standard that specifies rules by which data is described and recorded.
‘‘(b) RULES.—
‘‘(1) PROPOSED RULES.—Not later than 18 months after
the date of enactment of this section, the heads of the covered
agencies shall jointly issue proposed rules for public comment
that establish data standards for—
‘‘(A) the collections of information reported to each
covered agency by financial entities under the jurisdiction
of the covered agency; and
‘‘(B) the data collected from covered agencies on behalf
of the Council.
‘‘(2) FINAL RULES.—Not later than 2 years after the date
of enactment of this section, the heads of the covered agencies
shall jointly promulgate final rules that establish the data
standards described in paragraph (1).
‘‘(c) DATA STANDARDS.—
‘‘(1) COMMON IDENTIFIERS; QUALITY.—The data standards
established in the final rules promulgated under subsection
(b)(2) shall—
‘‘(A) include common identifiers for collections of
information reported to covered agencies or collected on
behalf of the Council, which shall include a common nonproprietary legal entity identifier that is available under
an open license for all entities required to report to covered
agencies; and
‘‘(B) to the extent practicable—
‘‘(i) render data fully searchable and machine-readable;

H. R. 7776—1029
‘‘(ii) enable high quality data through schemas,
with accompanying metadata documented in machinereadable taxonomy or ontology models, which clearly
define the semantic meaning of the data, as defined
by the underlying regulatory information collection
requirements;
‘‘(iii) ensure that a data element or data asset
that exists to satisfy an underlying regulatory information collection requirement be consistently identified
as such in associated machine-readable metadata;
‘‘(iv) be nonproprietary or made available under
an open license;
‘‘(v) incorporate standards developed and maintained by voluntary consensus standards bodies; and
‘‘(vi) use, be consistent with, and implement
applicable accounting and reporting principles.
‘‘(2) CONSULTATION; INTEROPERABILITY.—In establishing
data standards in the final rules promulgated under subsection
(b)(2), the heads of the covered agencies shall—
‘‘(A) consult with other Federal departments and agencies and multi-agency initiatives responsible for Federal
data standards; and
‘‘(B) seek to promote interoperability of financial regulatory data across members of the Council.
‘‘(d) EFFECTIVE DATE.—The data standards established in the
final rules promulgated under subsection (b)(2) shall take effect
not later than 2 years after the date on which those final rules
are promulgated under that subsection.’’.
(b) CLERICAL AMENDMENT.—The table of contents under section
1(b) of the Dodd-Frank Wall Street Reform and Consumer Protection Act is amended by inserting after the item relating to section
123 the following:
‘‘Sec. 124. Data standards.’’.
SEC. 5812. OPEN DATA PUBLICATION BY THE DEPARTMENT OF THE
TREASURY.

(a) IN GENERAL.—Subtitle A of the Financial Stability Act
of 2010 (12 U.S.C. 5321 et seq.), as amended by section 5811(a),
is further amended by adding at the end the following:
‘‘SEC. 125. OPEN DATA PUBLICATION.

‘‘All public data assets published by the Secretary under this
subtitle shall be—
‘‘(1) made available as an open Government data asset
(as defined in section 3502 of title 44, United States Code);
‘‘(2) freely available for download;
‘‘(3) rendered in a human-readable format; and
‘‘(4) accessible via application programming interface where
appropriate.’’.
(b) CLERICAL AMENDMENT.—The table of contents under section
1(b) of the Dodd-Frank Wall Street Reform and Consumer Protection Act, as amended by section 5811(b), is further amended by
inserting after the item relating to section 124 the following:
‘‘Sec. 125. Open data publication.’’.

(c) RULEMAKING.—
(1) IN GENERAL.—The Secretary of the Treasury shall issue
rules to carry out the amendments made by this section, which

H. R. 7776—1030
shall take effect not later than 2 years after the date on
which final rules are promulgated under section 124(b)(2) of
the Financial Stability Act of 2010, as added by section 5811(a)
of this title.
(2) DELEGATION.—Notwithstanding any other provision of
law, the Secretary of the Treasury may delegate the functions
required under the amendments made by this subtitle to an
appropriate office within the Department of the Treasury.
SEC. 5813. NO NEW DISCLOSURE REQUIREMENTS.

Nothing in this subtitle, or the amendments made by this
subtitle, shall be construed to require the Secretary of the Treasury
to collect or make publicly available additional information under
the Financial Stability Act of 2010 (12 U.S.C. 5311 et seq.), beyond
information that was collected or made publicly available under
that Act, as of the day before the date of enactment of this Act.

Subtitle B—Securities and Exchange
Commission
SEC. 5821. DATA STANDARDS REQUIREMENTS FOR THE SECURITIES
AND EXCHANGE COMMISSION.

(a) DATA STANDARDS FOR INVESTMENT ADVISERS’ REPORTS
UNDER THE INVESTMENT ADVISERS ACT OF 1940.—Section 204 of
the Investment Advisers Act of 1940 (15 U.S.C. 80b–4) is amended—
(1) by redesignating the second subsection (d) (relating
to ‘‘Records of Persons With Custody of Use’’) as subsection
(e); and
(2) by adding at the end the following:
‘‘(f) DATA STANDARDS FOR REPORTS FILED UNDER THIS SECTION.—
‘‘(1) REQUIREMENT.—The Commission shall, by rule, adopt
data standards for all reports filed by investment advisers
with the Commission under this section.
‘‘(2) CONSISTENCY.—The data standards required under
paragraph (1) shall incorporate, and ensure compatibility with
(to the extent feasible), all applicable data standards established in the rules promulgated under section 124 of the Financial Stability Act of 2010, including, to the extent practicable,
by having the characteristics described in clauses (i) through
(vi) of subsection (c)(1)(B) of such section 124.’’.
(b) DATA STANDARDS FOR REGISTRATION STATEMENTS AND
REPORTS UNDER THE INVESTMENT COMPANY ACT OF 1940.—The
Investment Company Act of 1940 (15 U.S.C. 80a–1 et seq.) is
amended—
(1) in section 8 (15 U.S.C. 80a–8), by adding at the end
the following:
‘‘(g) DATA STANDARDS FOR REGISTRATION STATEMENTS.—
‘‘(1) REQUIREMENT.—The Commission shall, by rule, adopt
data standards for all registration statements required to be
filed with the Commission under this section, except that the
Commission may exempt exhibits, signatures, and certifications
from those data standards.
‘‘(2) CONSISTENCY.—The data standards required under
paragraph (1) shall incorporate, and ensure compatibility with

H. R. 7776—1031
(to the extent feasible), all applicable data standards established in the rules promulgated under section 124 of the Financial Stability Act of 2010, including, to the extent practicable,
by having the characteristics described in clauses (i) through
(vi) of subsection (c)(1)(B) of such section 124.’’; and
(2) in section 30 (15 U.S.C. 80a–29), by adding at the
end the following:
‘‘(k) DATA STANDARDS FOR REPORTS.—
‘‘(1) REQUIREMENT.—The Commission shall, by rule, adopt
data standards for all reports required to be filed with the
Commission under this section, except that the Commission
may exempt exhibits, signatures, and certifications from those
data standards.
‘‘(2) CONSISTENCY.—The data standards required under
paragraph (1) shall incorporate, and ensure compatibility with
(to the extent feasible), all applicable data standards established in the rules promulgated under section 124 of the Financial Stability Act of 2010, including, to the extent practicable,
by having the characteristics described in clauses (i) through
(vi) of subsection (c)(1)(B) of such section 124.’’.
(c) DATA STANDARDS FOR INFORMATION REQUIRED TO BE SUBMITTED OR PUBLISHED BY NATIONALLY RECOGNIZED STATISTICAL
RATING ORGANIZATIONS.—Section 15E of the Securities Exchange
Act of 1934 (15 U.S.C. 78o–7) is amended by adding at the end
the following:
‘‘(w) DATA STANDARDS FOR INFORMATION REQUIRED TO BE SUBMITTED OR PUBLISHED UNDER THIS SECTION.—
‘‘(1) REQUIREMENT.—The Commission shall, by rule, adopt
data standards for all collections of information required to
be submitted or published by a nationally recognized statistical
rating organization under this section.
‘‘(2) CONSISTENCY.—The data standards required under
paragraph (1) shall incorporate, and ensure compatibility with
(to the extent feasible), all applicable data standards established in the rules promulgated under section 124 of the Financial Stability Act of 2010, including, to the extent practicable,
by having the characteristics described in clauses (i) through
(vi) of subsection (c)(1)(B) of such section 124.’’.
(d) DATA STANDARDS FOR ASSET-BACKED SECURITIES DISCLOSURES.—Section 7(c) of the Securities Act of 1933 (15 U.S.C. 77g(c))
is amended by adding at the end the following:
‘‘(3) DATA STANDARDS FOR ASSET-BACKED SECURITIES
DISCLOSURES.—
‘‘(A) REQUIREMENT.—The Commission shall, by rule,
adopt data standards for all disclosures required under
this subsection.
‘‘(B) CONSISTENCY.—The data standards required
under subparagraph (A) shall incorporate, and ensure
compatibility with (to the extent feasible), all applicable
data standards established in the rules promulgated under
section 124 of the Financial Stability Act of 2010, including,
to the extent practicable, by having the characteristics
described in clauses (i) through (vi) of subsection (c)(1)(B)
of such section 124.’’.
(e) DATA STANDARDS FOR CORPORATE DISCLOSURES UNDER THE
SECURITIES ACT OF 1933.—Title I of the Securities Act of 1933

H. R. 7776—1032
(15 U.S.C. 77a et seq.) is amended by adding at the end the
following:
‘‘SEC. 29. DATA STANDARDS.

‘‘(a) REQUIREMENT.—The Commission shall, by rule, adopt data
standards for all registration statements, and for all prospectuses
included in registration statements, required to be filed with the
Commission under this title, except that the Commission may
exempt exhibits, signatures, and certifications from those data
standards.
‘‘(b) CONSISTENCY.—The data standards required under subsection (a) shall incorporate, and ensure compatibility with (to
the extent feasible), all applicable data standards established in
the rules promulgated under section 124 of the Financial Stability
Act of 2010, including, to the extent practicable, by having the
characteristics described in clauses (i) through (vi) of subsection
(c)(1)(B) of such section 124.’’.
(f) DATA STANDARDS FOR PERIODIC AND CURRENT CORPORATE
DISCLOSURES UNDER THE SECURITIES EXCHANGE ACT OF 1934.—
Section 13 of the Securities Exchange Act of 1934 (15 U.S.C. 78m)
is amended by adding at the end the following:
‘‘(s) DATA STANDARDS.—
‘‘(1) REQUIREMENT.—The Commission shall, by rule, adopt
data standards for all collections of information with respect
to periodic and current reports required to be filed or furnished
under this section or under section 15(d), except that the
Commission may exempt exhibits, signatures, and certifications
from those data standards.
‘‘(2) CONSISTENCY.—The data standards required under
paragraph (1) shall incorporate, and ensure compatibility with
(to the extent feasible), all applicable data standards established in the rules promulgated under section 124 of the Financial Stability Act of 2010, including, to the extent practicable,
by having the characteristics described in clauses (i) through
(vi) of subsection (c)(1)(B) of such section 124.’’.
(g) DATA STANDARDS FOR CORPORATE PROXY AND CONSENT
SOLICITATION MATERIALS UNDER THE SECURITIES EXCHANGE ACT
OF 1934.—Section 14 of the Securities Exchange Act of 1934 (15
U.S.C. 78n) is amended by adding at the end the following:
‘‘(k) DATA STANDARDS FOR PROXY AND CONSENT SOLICITATION
MATERIALS.—
‘‘(1) REQUIREMENT.—The Commission shall, by rule, adopt
data standards for all information contained in any proxy or
consent solicitation material prepared by an issuer for an
annual meeting of the shareholders of the issuer, except that
the Commission may exempt exhibits, signatures, and certifications from those data standards.
‘‘(2) CONSISTENCY.—The data standards required under
paragraph (1) shall incorporate, and ensure compatibility with
(to the extent feasible), all applicable data standards established in the rules promulgated under section 124 of the Financial Stability Act of 2010, including, to the extent practicable,
by having the characteristics described in clauses (i) through
(vi) of subsection (c)(1)(B) of such section 124.’’.
(h) DATA STANDARDS FOR SECURITY-BASED SWAP REPORTING.—
The Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.) is
amended by adding at the end the following:

H. R. 7776—1033
‘‘SEC. 41. DATA STANDARDS FOR SECURITY-BASED SWAP REPORTING.

‘‘(a) REQUIREMENT.—The Commission shall, by rule, adopt data
standards for all reports related to security-based swaps that are
required under this Act.
‘‘(b) CONSISTENCY.—The data standards required under subsection (a) shall incorporate, and ensure compatibility with (to
the extent feasible), all applicable data standards established in
the rules promulgated under section 124 of the Financial Stability
Act of 2010, including, to the extent practicable, by having the
characteristics described in clauses (i) through (vi) of subsection
(c)(1)(B) of such section 124.’’.
(i) RULEMAKING.—
(1) IN GENERAL.—The rules that the Securities and
Exchange Commission are required to issue under the amendments made by this section shall take effect not later than
2 years after the date on which final rules are promulgated
under section 124(b)(2) of the Financial Stability Act of 2010,
as added by section 5811(a) of this title.
(2) SCALING OF REGULATORY REQUIREMENTS; MINIMIZING
DISRUPTION.—In issuing the rules required under the amendments made by this section, as described in paragraph (1),
the Securities and Exchange Commission—
(A) may scale data reporting requirements in order
to reduce any unjustified burden on emerging growth
companies, lending institutions, accelerated filers, smaller
reporting companies, and other smaller issuers, as determined by any study required under section 5825(b), while
still providing searchable information to investors; and
(B) shall seek to minimize disruptive changes to the
persons affected by those rules.
SEC. 5822. OPEN DATA PUBLICATION BY THE SECURITIES AND
EXCHANGE COMMISSION.

Section 4 of the Securities Exchange Act of 1934 (15 U.S.C.
78d) is amended by adding at the end the following:
‘‘(k) OPEN DATA PUBLICATION.—All public data assets published
by the Commission under the securities laws and the Dodd-Frank
Wall Street Reform and Consumer Protection Act (Public Law 111–
203; 124 Stat. 1376) shall be—
‘‘(1) made available as an open Government data asset
(as defined in section 3502 of title 44, United States Code);
‘‘(2) freely available for download;
‘‘(3) rendered in a human-readable format; and
‘‘(4) accessible via application programming interface where
appropriate.’’.
SEC. 5823. DATA TRANSPARENCY RELATING TO MUNICIPAL SECURITIES.

(a) IN GENERAL.—Section 15B(b) of the Securities Exchange
Act of 1934 (15 U.S.C. 78o–4(b)) is amended by adding at the
end the following:
‘‘(8)(A) The Commission shall adopt data standards for information submitted to the Board.
‘‘(B) Any data standards adopted under subparagraph (A) shall
incorporate, and ensure compatibility with (to the extent feasible),
all applicable data standards established in the rules promulgated
under section 124 of the Financial Stability Act of 2010, including,

H. R. 7776—1034
to the extent practicable, by having the characteristics described
in clauses (i) through (vi) of subsection (c)(1)(B) of such section
124.
‘‘(C) The Commission shall consult market participants in establishing data standards under subparagraph (A).
‘‘(D) Nothing in this paragraph may be construed to affect
the operation of paragraph (1) or (2) of subsection (d).’’.
(b) RULEMAKING.—
(1) IN GENERAL.—Not later than 2 years after the date
on which final rules are promulgated under section 124(b)(2)
of the Financial Stability Act of 2010, as added by section
5811(a) of this title, the Securities and Exchange Commission
shall issue rules to adopt the data standards required under
paragraph (8) of section 15B(b) of the Securities Exchange
Act of 1934 (15 U.S.C. 78o–4(b)), as added by subsection (a)
of this section.
(2) SCALING OF REGULATORY REQUIREMENTS; MINIMIZING
DISRUPTION.—In issuing the rules described in paragraph (1)
that adopt the data standards described in that paragraph,
the Securities and Exchange Commission—
(A) may scale those data standards in order to reduce
any unjustified burden on smaller regulated entities; and
(B) shall seek to minimize disruptive changes to the
persons affected by those rules.
SEC. 5824. DATA TRANSPARENCY AT NATIONAL SECURITIES ASSOCIATIONS.

(a) IN GENERAL.—Section 15A of the Securities Exchange Act
of 1934 (15 U.S.C. 78o–3) is amended by adding at the end the
following:
‘‘(n) DATA STANDARDS.—
‘‘(1) REQUIREMENT.—A national securities association registered pursuant to subsection (a) shall adopt data standards
for all information that is regularly filed with or submitted
to the association.
‘‘(2) CONSISTENCY.—The data standards required under
paragraph (1) shall incorporate, and ensure compatibility with
(to the extent feasible), all applicable data standards established in the rules promulgated under section 124 of the Financial Stability Act of 2010, including, to the extent practicable,
by having the characteristics described in clauses (i) through
(vi) of subsection (c)(1)(B) of such section 124.’’.
(b) RULEMAKING.—
(1) IN GENERAL.—Not later than 2 years after the date
on which final rules are promulgated under section 124(b)(2)
of the Financial Stability Act of 2010, as added by section
5811(a) of this title, each national securities association registered pursuant to section 15A(a) of the Securities Exchange
Act of 1934 (15 U.S.C. 78o–3(a)) shall issue rules to adopt
the standards required under subsection (n) of section 15A
of the Securities Exchange Act of 1934 (15 U.S.C. 78o–3), as
added by subsection (a) of this section.
(2) SCALING OF REGULATORY REQUIREMENTS; MINIMIZING
DISRUPTION.—In issuing the rules required under paragraph
(1), a national securities association described in that paragraph—

H. R. 7776—1035
(A) may scale data reporting requirements in order
to reduce any unjustified burden on smaller regulated entities; and
(B) shall seek to minimize disruptive changes to the
persons affected by those standards.
SEC. 5825. SHORTER-TERM BURDEN REDUCTION AND DISCLOSURE
SIMPLIFICATION AT THE SECURITIES AND EXCHANGE
COMMISSION; SUNSET.

(a) BETTER ENFORCEMENT OF THE QUALITY OF CORPORATE
FINANCIAL DATA SUBMITTED TO THE SECURITIES AND EXCHANGE
COMMISSION.—
(1) DATA QUALITY IMPROVEMENT PROGRAM.—
(A) IN GENERAL.—Not later than 180 days after the
date of enactment of this Act, the Securities and Exchange
Commission shall establish a program to improve the
quality of corporate financial data filed or furnished by
issuers under the Securities Act of 1933 (15 U.S.C. 77a
et seq.), the Securities Exchange Act of 1934 (15 U.S.C.
78a et seq.), and the Investment Company Act of 1940
(15 U.S.C. 80a–1 et seq.).
(B) CONTENTS.—The program established under
subparagraph (A) shall include the following:
(i) The designation of an official in the Office of
the Chairman of the Securities and Exchange Commission responsible for the improvement of the quality
of data filed with or furnished to the Commission by
issuers.
(ii) The issuance by the Division of Corporation
Finance of the Securities and Exchange Commission
of comment letters requiring correction of errors in
data filings and submissions, where necessary.
(2) GOALS.—In establishing the program required under
this subsection, the Securities and Exchange Commission shall
seek to—
(A) improve the quality of data filed with or furnished
to the Commission to a commercially acceptable level; and
(B) make data filed with or furnished to the Commission useful to investors.
(b) REPORT ON THE USE OF MACHINE-READABLE DATA FOR CORPORATE DISCLOSURES.—
(1) IN GENERAL.—Not later than 180 days after the date
of enactment of this Act, and once every 180 days thereafter,
the Securities and Exchange Commission shall submit to the
Committee on Banking, Housing, and Urban Affairs of the
Senate and the Committee on Financial Services of the House
of Representatives a report regarding the public and internal
use of machine-readable data for corporate disclosures.
(2) CONTENT.—Each report required under paragraph (1)
shall include—
(A) an identification of which corporate disclosures
required under section 7 of the Securities Act of 1933
(15 U.S.C. 77g), section 13 of the Securities Exchange Act
of 1934 (15 U.S.C. 78m), and section 14 of the Securities
Exchange Act of 1934 (15 U.S.C. 78n) are expressed as
machine-readable data and which are not;

H. R. 7776—1036
(B) an analysis of the costs and benefits of the use
of machine-readable data in corporate disclosure to investors, markets, the Securities and Exchange Commission,
and issuers;
(C) a summary of enforcement actions that result from
the use or analysis of machine-readable data collected
under the provisions of law described in subparagraph
(A); and
(D) an analysis of how the Securities and Exchange
Commission uses the machine-readable data collected by
the Commission.
(c) SUNSET.—Beginning on the date that is 7 years after the
date of enactment of this Act, this section shall have no force
or effect.
SEC. 5826. NO NEW DISCLOSURE REQUIREMENTS.

Nothing in this subtitle, or the amendments made by this
subtitle, shall be construed to require the Securities and Exchange
Commission, the Municipal Securities Rulemaking Board, or any
national securities association to collect or make publicly available
additional information under the provisions of law amended by
this subtitle (or under any provision of law referenced in an amendment made by this subtitle), beyond information that was collected
or made publicly available under any such provision, as of the
day before the date of enactment of this Act.

Subtitle C—Federal Deposit Insurance
Corporation
SEC. 5831. DATA STANDARDS REQUIREMENTS FOR THE FEDERAL
DEPOSIT INSURANCE CORPORATION.

The Federal Deposit Insurance Act (12 U.S.C. 1811 et seq.)
is amended by adding at the end the following:
‘‘SEC. 52. DATA STANDARDS.

‘‘(a) DEFINITION.—In this section, the term ‘financial company’
has the meaning given the term in section 201(a) of the DoddFrank Wall Street Reform and Consumer Protection Act (12 U.S.C.
5381(a)).
‘‘(b) REQUIREMENT.—The Corporation shall, by rule, adopt data
standards for all collections of information with respect to information received by the Corporation from any depository institution
or financial company under this Act or under title II of the DoddFrank Wall Street Reform and Consumer Protection Act (12 U.S.C.
5381 et seq.).
‘‘(c) CONSISTENCY.—The data standards required under subsection (b) shall incorporate, and ensure compatibility with (to
the extent feasible), all applicable data standards established in
the rules promulgated under section 124 of the Financial Stability
Act of 2010, including, to the extent practicable, by having the
characteristics described in clauses (i) through (vi) of subsection
(c)(1)(B) of such section 124.’’.

H. R. 7776—1037
SEC. 5832. OPEN DATA PUBLICATION BY THE FEDERAL DEPOSIT
INSURANCE CORPORATION.

The Federal Deposit Insurance Act (12 U.S.C. 1811 et seq.),
as amended by section 5831, is further amended by adding at
the end the following:
‘‘SEC. 53. OPEN DATA PUBLICATION.

‘‘All public data assets published by the Corporation under
this Act or under the Dodd-Frank Wall Street Reform and Consumer
Protection Act (Public Law 111–203; 124 Stat. 1376) shall be—
‘‘(1) made available as an open Government data asset
(as defined in section 3502 of title 44, United States Code);
‘‘(2) freely available for download;
‘‘(3) rendered in a human-readable format; and
‘‘(4) accessible via application programming interface where
appropriate.’’.
SEC. 5833. RULEMAKING.

(a) IN GENERAL.—The Federal Deposit Insurance Corporation
shall issue rules to carry out the amendments made by this subtitle,
which shall take effect not later than 2 years after the date on
which final rules are promulgated under section 124(b)(2) of the
Financial Stability Act of 2010, as added by section 5811(a) of
this title.
(b) SCALING OF REGULATORY REQUIREMENTS; MINIMIZING
DISRUPTION.—In issuing the rules required under subsection (a),
the Federal Deposit Insurance Corporation—
(1) may scale data reporting requirements in order to
reduce any unjustified burden on smaller regulated entities;
and
(2) shall seek to minimize disruptive changes to the persons
affected by those regulations.
SEC. 5834. NO NEW DISCLOSURE REQUIREMENTS.

Nothing in this title, or the amendments made by this title,
shall be construed to require the Federal Deposit Insurance Corporation to collect or make publicly available additional information
under the Acts amended by this title (or under any provision
of law referenced in an amendment made by this title), beyond
information that was collected or made publicly available under
any such provision, as of the day before the date of enactment
of this Act.

Subtitle D—Office of the Comptroller of
the Currency
SEC. 5841. DATA STANDARDS AND OPEN DATA PUBLICATION REQUIREMENTS FOR THE OFFICE OF THE COMPTROLLER OF THE
CURRENCY.

The Revised Statutes of the United States is amended by
inserting after section 332 (12 U.S.C. 14) the following:
‘‘SEC. 333. DATA STANDARDS; OPEN DATA PUBLICATION.

‘‘(a) DATA STANDARDS.—
‘‘(1) REQUIREMENT.—The Comptroller of the Currency shall,
by rule, adopt data standards for all collections of information

H. R. 7776—1038
that are regularly filed with or submitted to the Comptroller
of the Currency by any entity with respect to which the Office
of the Comptroller of the Currency is the appropriate Federal
banking agency (as defined in section 3 of the Federal Deposit
Insurance Act (12 U.S.C. 1813)).
‘‘(2) CONSISTENCY.—The data standards required under
paragraph (1) shall incorporate, and ensure compatibility with
(to the extent feasible), all applicable data standards established in the rules promulgated under section 124 of the Financial Stability Act of 2010, including, to the extent practicable,
by having the characteristics described in clauses (i) through
(vi) of subsection (c)(1)(B) of such section 124.
‘‘(b) OPEN DATA PUBLICATION.—All public data assets published
by the Comptroller of the Currency under title LXII or the DoddFrank Wall Street Reform and Consumer Protection Act (Public
Law 111–203; 124 Stat. 1376) shall be—
‘‘(1) made available as an open Government data asset
(as defined in section 3502 of title 44, United States Code);
‘‘(2) freely available for download;
‘‘(3) rendered in a human-readable format; and
‘‘(4) accessible via application programming interface where
appropriate.’’.
SEC. 5842. RULEMAKING.

(a) IN GENERAL.—The Comptroller of the Currency shall issue
rules to carry out the amendments made by section 5841, which
shall take effect not later than 2 years after the date on which
final rules are promulgated under section 124(b)(2) of the Financial
Stability Act of 2010, as added by section 5811(a) of this title.
(b) SCALING OF REGULATORY REQUIREMENTS; MINIMIZING
DISRUPTION.—In issuing the rules required under subsection (a),
the Comptroller of the Currency—
(1) may scale data reporting requirements in order to
reduce any unjustified burden on smaller regulated entities;
and
(2) shall seek to minimize disruptive changes to the persons
affected by those regulations.
SEC. 5843. NO NEW DISCLOSURE REQUIREMENTS.

Nothing in this subtitle, or the amendments made by this
subtitle, shall be construed to require the Comptroller of the Currency to collect or make publicly available additional information
under the Revised Statutes of the United States (or under any
other provision of law referenced in an amendment made by this
subtitle), beyond information that was collected or made publicly
available under any such provision of law, as of the day before
the date of enactment of this Act.

Subtitle E—Bureau of Consumer Financial
Protection
SEC. 5851. DATA STANDARDS AND OPEN DATA PUBLICATION REQUIREMENTS FOR THE BUREAU OF CONSUMER FINANCIAL
PROTECTION.

(a) IN GENERAL.—Subtitle A of the Consumer Financial Protection Act of 2010 (12 U.S.C. 5491 et seq.) is amended by—

H. R. 7776—1039
(1) redesignating section 1018 (12 U.S.C. 5491 note) as
section 1020; and
(2) by inserting after section 1017 (12 U.S.C. 5497) the
following:
‘‘SEC. 1018. DATA STANDARDS.

‘‘(a) REQUIREMENT.—The Bureau shall, by rule, adopt data
standards for all collections of information that are regularly filed
with or submitted to the Bureau.
‘‘(b) CONSISTENCY.—The data standards required under subsection (a) shall incorporate, and ensure compatibility with (to
the extent feasible), all applicable data standards established in
the rules promulgated under section 124 of the Financial Stability
Act of 2010, including, to the extent practicable, by having the
characteristics described in clauses (i) through (vi) of subsection
(c)(1)(B) of such section 124.
‘‘SEC. 1019. OPEN DATA PUBLICATION.

‘‘All public data assets published by the Bureau shall be—
‘‘(1) made available as an open Government data asset
(as defined in section 3502 of title 44, United States Code);
‘‘(2) freely available for download;
‘‘(3) rendered in a human-readable format; and
‘‘(4) accessible via application programming interface where
appropriate.’’.
(b) CLERICAL AMENDMENT.—The table of contents under section
1(b) of the Dodd-Frank Wall Street Reform and Consumer Protection Act is amended by striking the item relating to section 1018
and inserting the following:
‘‘Sec. 1018. Data standards.
‘‘Sec. 1019. Open data publication.
‘‘Sec. 1020. Effective date.’’.
SEC. 5852. RULEMAKING.

(a) IN GENERAL.—The Director of the Bureau of Consumer
Financial Protection shall issue rules to carry out the amendments
made by section 5851, which shall take effect not later than 2
years after the date on which final rules are promulgated under
section 124(b)(2) of the Financial Stability Act of 2010, as added
by section 5811(a) of this title.
(b) SCALING OF REGULATORY REQUIREMENTS; MINIMIZING
DISRUPTION.—In issuing the rules required under subsection (a),
the Director of the Bureau of Consumer Financial Protection—
(1) may scale data reporting requirements in order to
reduce any unjustified burden on smaller regulated entities;
and
(2) shall seek to minimize disruptive changes to the persons
affected by those regulations.
SEC. 5853. NO NEW DISCLOSURE REQUIREMENTS.

Nothing in this subtitle, or the amendments made by this
subtitle, shall be construed to require the Bureau of Consumer
Financial Protection to collect or make publicly available additional
information under the Consumer Financial Protection Act of 2010
(12 U.S.C. 5481 et seq.), beyond information that was collected
or made publicly available under that Act, as of the day before
the date of enactment of this Act.

H. R. 7776—1040

Subtitle F—Federal Reserve System
SEC. 5861. DATA STANDARDS REQUIREMENTS FOR THE BOARD OF
GOVERNORS OF THE FEDERAL RESERVE SYSTEM.

(a) DATA STANDARDS FOR INFORMATION FILED OR SUBMITTED
NONBANK FINANCIAL COMPANIES.—Section 161(a) of the Financial Stability Act of 2010 (12 U.S.C. 5361(a)) is amended by adding
at the end the following:
‘‘(4) DATA STANDARDS FOR REPORTS UNDER THIS SUBSECTION.—
‘‘(A) IN GENERAL.—The Board of Governors shall adopt
data standards for all information that, through a collection
of information, is regularly filed with or submitted to the
Board of Governors under this subsection by any nonbank
financial company supervised by the Board of Governors
or any subsidiary thereof.
‘‘(B) CONSISTENCY.—The data standards required
under subparagraph (A) shall incorporate, and ensure
compatibility with (to the extent feasible), all applicable
data standards established in the rules promulgated under
section 124, including, to the extent practicable, by having
the characteristics described in clauses (i) through (vi) of
subsection (c)(1)(B) of section 124.’’.
(b) DATA STANDARDS FOR INFORMATION FILED OR SUBMITTED
BY SAVINGS AND LOAN HOLDING COMPANIES.—Section 10 of the
Home Owners’ Loan Act (12 U.S.C. 1467a) is amended by adding
at the end the following:
‘‘(u) DATA STANDARDS.—
‘‘(1) REQUIREMENT.—The Board shall adopt data standards
for all information that, through a collection of information,
is regularly filed with or submitted to the Board by any savings
and loan holding company, or subsidiary of a savings and
loan holding company, other than a depository institution,
under this section.
‘‘(2) CONSISTENCY.—The data standards required under
paragraph (1) shall incorporate, and ensure compatibility with
(to the extent feasible), all applicable data standards established in the rules promulgated under section 124 of the Financial Stability Act of 2010, including, to the extent practicable,
by having the characteristics described in clauses (i) through
(vi) of subsection (c)(1)(B) of such section 124.’’.
(c) DATA STANDARDS FOR INFORMATION FILED OR SUBMITTED
BY BANK HOLDING COMPANIES.—Section 5 of the Bank Holding
Company Act of 1956 (12 U.S.C. 1844) is amended by adding
at the end the following:
‘‘(h) DATA STANDARDS.—
‘‘(1) REQUIREMENT.—The Board shall adopt data standards
for all information that, through a collection of information,
is regularly filed with or submitted to the Board by any bank
holding company in a report under subsection (c).
‘‘(2) CONSISTENCY.—The data standards required under
paragraph (1) shall incorporate, and ensure compatibility with
(to the extent feasible), all applicable data standards established in the rules promulgated under section 124 of the Financial Stability Act of 2010, including, to the extent practicable,
BY

H. R. 7776—1041
by having the characteristics described in clauses (i) through
(vi) of subsection (c)(1)(B) of such section 124.’’.
(d) DATA STANDARDS FOR INFORMATION SUBMITTED BY FINANCIAL MARKET UTILITIES OR INSTITUTIONS UNDER THE PAYMENT,
CLEARING, AND SETTLEMENT SUPERVISION ACT OF 2010.—Section
809 of the Payment, Clearing, and Settlement Supervision Act
of 2010 (12 U.S.C. 5468) is amended by adding at the end the
following:
‘‘(h) DATA STANDARDS.—
‘‘(1) REQUIREMENT.—The Board of Governors shall adopt
data standards for all information that, through a collection
of information, is regularly filed with or submitted to the Board
or the Council by any financial market utility or financial
institution under subsection (a) or (b).
‘‘(2) CONSISTENCY.—The data standards required under
paragraph (1) shall incorporate, and ensure compatibility with
(to the extent feasible), all applicable data standards established in the rules promulgated under section 124 of the Financial Stability Act of 2010, including, to the extent practicable,
by having the characteristics described in clauses (i) through
(vi) of subsection (c)(1)(B) of such section 124.’’.
SEC. 5862. OPEN DATA PUBLICATION BY THE BOARD OF GOVERNORS
OF THE FEDERAL RESERVE SYSTEM.

The Federal Reserve Act (12 U.S.C. 226 et seq.) is amended
by adding at the end the following:
‘‘SEC. 32. OPEN DATA PUBLICATION BY THE BOARD OF GOVERNORS.

‘‘All public data assets published by the Board of Governors
under this Act, the Bank Holding Company Act of 1956 (12 U.S.C.
1841 et seq.), the Financial Stability Act of 2010 (12 U.S.C. 5311
et seq.), the Home Owners’ Loan Act (12 U.S.C. 1461 et seq.),
the Payment, Clearing, and Settlement Supervision Act of 2010
(12 U.S.C. 5461 et seq.), or the Enhancing Financial Institution
Safety and Soundness Act of 2010 (title III of Public Law 111–
203) (or any provision of law amended by that Act) shall be—
‘‘(1) made available as an open Government data asset
(as defined in section 3502 of title 44, United States Code);
‘‘(2) freely available for download;
‘‘(3) rendered in a human-readable format; and
‘‘(4) accessible via application programming interface where
appropriate.’’.
SEC. 5863. RULEMAKING.

(a) IN GENERAL.—The Board of Governors of the Federal
Reserve System shall issue rules to carry out the amendments
made by this subtitle, which shall take effect not later than 2
years after the date on which final rules are promulgated under
section 124(b)(2) of the Financial Stability Act of 2010, as added
by section 5811(a) of this title.
(b) SCALING OF REGULATORY REQUIREMENTS; MINIMIZING
DISRUPTION.—In issuing the rules required under subsection (a),
the Board of Governors of the Federal Reserve System—
(1) may scale data reporting requirements in order to
reduce any unjustified burden on smaller regulated entities;
and
(2) shall seek to minimize disruptive changes to the persons
affected by those regulations.

H. R. 7776—1042
SEC. 5864. NO NEW DISCLOSURE REQUIREMENTS.

Nothing in this subtitle, or the amendments made by this
subtitle, shall be construed to require the Board of Governors of
the Federal Reserve System to collect or make publicly available
additional information under any Act amended by this subtitle,
any Act referenced in an amendment made by this subtitle, or
any Act amended by an Act referenced in an amendment made
by this subtitle, beyond information that was collected or made
publicly available under any such provision of law, as of the day
before the date of enactment of this Act.

Subtitle G—National Credit Union
Administration
SEC. 5871. DATA STANDARDS.

Title I of the Federal Credit Union Act (12 U.S.C. 1752 et
seq.) is amended by adding at the end the following:
‘‘SEC. 132. DATA STANDARDS.

‘‘(a) REQUIREMENT.—The Board shall, by rule, adopt data standards for all collections of information and reports regularly filed
with or submitted to the Administration under this Act.
‘‘(b) CONSISTENCY.—The data standards required under subsection (a) shall incorporate, and ensure compatibility with (to
the extent feasible), all applicable data standards established in
the rules promulgated under section 124 of the Financial Stability
Act of 2010, including, to the extent practicable, by having the
characteristics described in clauses (i) through (vi) of subsection
(c)(1)(B) of such section 124.’’.
SEC. 5872. OPEN DATA PUBLICATION BY THE NATIONAL CREDIT UNION
ADMINISTRATION.

Title I of the Federal Credit Union Act (12 U.S.C. 1752 et
seq.), as amended by section 5701, is further amended by adding
at the end the following:
‘‘SEC. 133. OPEN DATA PUBLICATION.

‘‘All public data assets published by the Administration under
this title shall be—
‘‘(1) made available as an open Government data asset
(as defined in section 3502 of title 44, United States Code);
‘‘(2) freely available for download;
‘‘(3) rendered in a human-readable format; and
‘‘(4) accessible via application programming interface where
appropriate.’’.
SEC. 5873. RULEMAKING.

(a) IN GENERAL.—The National Credit Union Administration
Board shall issue rules to carry out the amendments made by
this subtitle, which shall take effect not later than 2 years after
the date on which final rules are promulgated under section
124(b)(2) of the Financial Stability Act of 2010, as added by section
5811(a) of this title.
(b) SCALING OF REGULATORY REQUIREMENTS; MINIMIZING
DISRUPTION.—In issuing the rules required under subsection (a),
the National Credit Union Administration Board—

H. R. 7776—1043
(1) may scale data reporting requirements in order to
reduce any unjustified burden on smaller regulated entities;
and
(2) shall seek to minimize disruptive changes to the persons
affected by those regulations.
SEC. 5874. NO NEW DISCLOSURE REQUIREMENTS.

Nothing in this subtitle, or the amendments made by this
subtitle, shall be construed to require the National Credit Union
Administration Board to collect or make publicly available additional information under the Federal Credit Union Act (12 U.S.C.
1751 et seq.), beyond information that was collected or made publicly available under that Act, as of the day before the date of
enactment of this Act.

Subtitle H—Federal Housing Finance
Agency
SEC. 5881. DATA STANDARDS REQUIREMENTS FOR THE FEDERAL
HOUSING FINANCE AGENCY.

Part 1 of subtitle A of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 (12 U.S.C. 4511 et seq.)
is amended by adding at the end the following:
‘‘SEC. 1319H. DATA STANDARDS.

‘‘(a) REQUIREMENT.—The Agency shall, by rule, adopt data
standards for all collections of information that are regularly filed
with or submitted to the Agency.
‘‘(b) CONSISTENCY.—The data standards required under subsection (a) shall incorporate, and ensure compatibility with (to
the extent feasible), all applicable data standards established in
the rules promulgated under section 124 of the Financial Stability
Act of 2010, including, to the extent practicable, by having the
characteristics described in clauses (i) through (vi) of subsection
(c)(1)(B) of such section 124.’’.
SEC. 5882. OPEN DATA PUBLICATION BY THE FEDERAL HOUSING
FINANCE AGENCY.

Part 1 of subtitle A of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 (12 U.S.C. 4511 et seq.),
as amended by section 5801, is further amended by adding at
the end the following:
‘‘SEC. 1319I. OPEN DATA PUBLICATION.

‘‘All public data assets published by the Agency shall be—
‘‘(1) made available as an open Government data asset
(as defined in section 3502 of title 44, United States Code);
‘‘(2) freely available for download;
‘‘(3) rendered in a human-readable format; and
‘‘(4) accessible via application programming interface where
appropriate.’’.
SEC. 5883. RULEMAKING.

(a) IN GENERAL.—The Director of the Federal Housing Finance
Agency shall issue rules to carry out the amendments made by
this subtitle, which shall take effect not later than 2 years after
the date on which final rules are promulgated under section

H. R. 7776—1044
124(b)(2) of the Financial Stability Act of 2010, as added by section
5811(a) of this title.
(b) MINIMIZING DISRUPTION.—In issuing the regulations
required under subsection (a), the Director of the Federal Housing
Finance Agency shall seek to minimize disruptive changes to the
persons affected by those rules.
SEC. 5884. NO NEW DISCLOSURE REQUIREMENTS.

Nothing in this subtitle, or the amendments made by this
subtitle, shall be construed to require the Federal Housing Finance
Agency to collect or make publicly available additional information
under the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 (12 U.S.C. 4501 et seq.), beyond information
that was collected or made publicly available under that Act, as
of the day before the date of enactment of this Act.

Subtitle I—Miscellaneous
SEC. 5891. RULES OF CONSTRUCTION.

(a) NO EFFECT ON INTELLECTUAL PROPERTY.—Nothing in this
title, or the amendments made by this title, may be construed
to alter the legal protections, as in effect on the day before the
date of enactment of this Act, of copyrighted material or other
intellectual property rights of any non-Federal person.
(b) NO EFFECT ON MONETARY POLICY.—Nothing in this title,
or the amendments made by this title, may be construed to apply
to activities conducted, or data standards used, in connection with
monetary policy proposed or implemented by the Board of Governors
of the Federal Reserve System or the Federal Open Market Committee.
(c) PRESERVATION OF AGENCY AUTHORITY TO TAILOR REQUIREMENTS.—Nothing in this title, or the amendments made by this
title, may be construed to prohibit the head of a covered agency,
as defined in section 124(a) of the Financial Stability Act of 2010,
as added by section 5811(a) of this title, from tailoring those standards when those standards are adopted under this title and the
amendments made by this title.
SEC. 5892. CLASSIFIED AND PROTECTED INFORMATION.

(a) IN GENERAL.—Nothing in this title, or the amendments
made by this title, shall require the disclosure to the public of—
(1) information that would be exempt from disclosure under
section 552 of title 5, United States Code (commonly known
as the ‘‘Freedom of Information Act’’); or
(2) information protected under—
(A) section 552a of title 5, United States Code (commonly known as the ‘‘Privacy Act of 1974’’);
(B) section 6103 of the Internal Revenue Code of 1986;
or
(C) any law administered, or regulation promulgated,
by the Financial Crimes Enforcement Network of the
Department of the Treasury.
(b) EXISTING AGENCY REGULATIONS.—Nothing in this title, or
the amendments made by this title, shall be construed to require
the Secretary of the Treasury, the Securities and Exchange Commission, the Federal Deposit Insurance Corporation, the Comptroller
of the Currency, the Director of the Bureau of Consumer Financial

H. R. 7776—1045
Protection, the Board of Governors of the Federal Reserve System,
the National Credit Union Administration Board, the Director of
the Federal Housing Finance Agency, or the head of any other
primary financial regulatory agency (as defined in section 2 of
the Dodd-Frank Wall Street Reform and Consumer Protection Act
(12 U.S.C. 5301)) designated by the Secretary of the Treasury
to amend regulations and procedures, as in effect on the day before
the date of enactment of this Act, regarding the sharing and disclosure of nonpublic information, including confidential supervisory
information.
(c) DATA PRIVACY AND PERSONALLY IDENTIFIABLE INFORMATION.—Nothing in this title, or the amendments made by this
title, shall be construed to require the Secretary of the Treasury,
the Securities and Exchange Commission, the Federal Deposit
Insurance Corporation, the Comptroller of the Currency, the
Director of the Bureau of Consumer Financial Protection, the Board
of Governors of the Federal Reserve System, the National Credit
Union Administration Board, the Director of the Federal Housing
Finance Agency, or the head of any other primary financial regulatory agency (as defined in section 2 of the Dodd-Frank Wall
Street Reform and Consumer Protection Act (12 U.S.C. 5301)) designated by the Secretary of the Treasury to disclose to the public
any information that can be used to distinguish or trace the identity
of an individual, either alone or when combined with other personal
or identifying information that is linked or linkable to a specific
individual.
SEC. 5893. REPORT.

Not later than 3 years after the date of enactment of this
Act, the Comptroller General of the United States shall submit
to Congress a report on the feasibility, costs, and potential benefits
of building upon the taxonomy established by this title, and the
amendments made by this title, to arrive at a Federal Governmentwide regulatory compliance standardization mechanism similar to
Standard Business Reporting.

TITLE LIX—OTHER MATTERS
Subtitle A—Judiciary Matters
Sec. 5901. Extension of admission to Guam or the Commonwealth of the Northern
Mariana Islands for certain nonimmigrant H–2B workers.
Sec. 5902. Eligibility of Portuguese traders and investors for E–1 and E–2 nonimmigrant visas.
Sec. 5903. Incentives for States to create sexual assault survivors’ bill of rights.
Sec. 5904. Extending the statute of limitations for certain money laundering offenses.
Subtitle B—Science, Space, and Technology Matters
Sec. 5911. Financial assistance for construction of test beds and specialized facilities.
Sec. 5912. Reports on arctic research, budget, and spending.
Sec. 5913. National research and development strategy for distributed ledger technology.
Sec. 5914. Technical corrections.
Subtitle C—FedRamp Authorization Act
Sec. 5921. FedRAMP Authorization Act.
Subtitle D—Judicial Security and Privacy
Sec. 5931. Short title.

H. R. 7776—1046
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

5932.
5933.
5934.
5935.
5936.
5937.
5938.
5939.

Findings and purpose.
Definitions.
Protecting covered information in public records.
Training and education.
Vulnerability management capability.
Rules of construction.
Severability.
Effective date.
Subtitle E—Other Matters

Sec. 5941. Secretary of Agriculture report on improving supply chain shortfalls and
infrastructure needs at wholesale produce markets.
Sec. 5942. Extension of deadline for transfer of parcels of land in New Mexico.
Sec. 5943. Ending global wildlife poaching and trafficking.
Sec. 5944. Cost-sharing requirements applicable to certain Bureau of Reclamation
dams and dikes.
Sec. 5945. Transfer of National Oceanic and Atmospheric Administration property
in Norfolk, Virginia.
Sec. 5946. Other matters.
Sec. 5947. Enhancing transparency on international agreements and non-binding
instruments.

Subtitle A—Judiciary Matters
SEC. 5901. EXTENSION OF ADMISSION TO GUAM OR THE COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS FOR CERTAIN NONIMMIGRANT H–2B WORKERS.

Section 6(b)(1)(B) of the Joint Resolution entitled ‘‘A Joint Resolution to approve the ‘Covenant to Establish a Commonwealth
of the Northern Mariana Islands in Political Union with the United
States of America’, and for other purposes’’, approved March 24,
1976 (48 U.S.C. 1806(b)(1)(B)), is amended, in the matter preceding
clause (i), by striking ‘‘December 31, 2023’’ and inserting ‘‘December
31, 2024’’.
SEC. 5902. ELIGIBILITY OF PORTUGUESE TRADERS AND INVESTORS
FOR E–1 AND E–2 NONIMMIGRANT VISAS.

(a) NONIMMIGRANT TRADERS AND INVESTORS.—For purposes of
clauses (i) and (ii) of section 101(a)(15)(E) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)(E)), Portugal shall be considered to be a foreign state described in such section if the Government of Portugal provides similar nonimmigrant status to nationals
of the United States.
(b) MODIFICATION OF ELIGIBILITY CRITERIA FOR E VISAS.—Section 101(a)(15)(E) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(E)) is amended—
(1) in the matter preceding clause (i)—
(A) by inserting ‘‘(or, in the case of an alien who
acquired the relevant nationality through a financial
investment and who has not previously been granted status
under this subparagraph, the foreign state of which the
alien is a national and in which the alien has been domiciled for a continuous period of not less than 3 years
at any point before applying for a nonimmigrant visa under
this subparagraph)’’ before ‘‘, and the spouse’’; and
(B) by striking ‘‘him’’ and inserting ‘‘such alien’’; and
(2) by striking ‘‘he’’ each place such term appears and
inserting ‘‘the alien’’.

H. R. 7776—1047
SEC. 5903. INCENTIVES FOR STATES TO CREATE SEXUAL ASSAULT SURVIVORS’ BILL OF RIGHTS.

(a) INCENTIVES FOR STATES TO CREATE SEXUAL ASSAULT SURBILL OF RIGHTS.—
(1) DEFINITION OF COVERED FORMULA GRANT.—In this subsection, the term ‘‘covered formula grant’’ means a grant under
part T of title I of the Omnibus Crime Control and Safe Streets
Act of 1968 (34 U.S.C. 10441 et seq.) (commonly referred to
as the ‘‘STOP Violence Against Women Formula Grant Program’’).
(2) GRANT INCREASE.—The Attorney General shall increase
the amount of the covered formula grant provided to a State
in accordance with this subsection if the State has in effect
a law that provides to sexual assault survivors the rights,
at a minimum, under section 3772 of title 18, United States
Code.
(3) APPLICATION.—A State seeking an increase to a covered
formula grant under this subsection shall submit an application
to the Attorney General at such time, in such manner, and
containing such information as the Attorney General may
reasonably require, including information about the law
described in paragraph (2).
(4) PERIOD OF INCREASE.—The Attorney General may not
provide an increase in the amount of the covered formula
grant provided to a State under this subsection more than
4 times.
(5) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated $20,000,000 for each of fiscal years
2023 through 2027 to carry out this subsection.
(b) REAUTHORIZATION OF THE MISSING AMERICANS ALERT PROGRAM.—Section 240001(d) of the Violent Crime Control and Law
Enforcement Act of 1994 (34 U.S.C. 12621(d)) is amended by
striking ‘‘2018 through 2022’’ and inserting ‘‘2023 through 2027’’.
VIVORS’

SEC. 5904. EXTENDING THE STATUTE OF LIMITATIONS FOR CERTAIN
MONEY LAUNDERING OFFENSES.

(a) IN GENERAL.—Section 1956 of title 18, United States Code,
is amended by adding at the end the following:
‘‘(j) SEVEN-YEAR LIMITATION.—Notwithstanding section 3282,
no person shall be prosecuted, tried, or punished for a violation
of this section or section 1957 if the specified unlawful activity
constituting the violation is the activity defined in subsection
(c)(7)(B) of this section, unless the indictment is found or the
information is instituted not later than 7 years after the date
on which the offense was committed.’’.
(b) EFFECTIVE DATE.—The amendments made by this section
shall apply to—
(1) conduct that occurred before the date of enactment
of this Act for which the applicable statute of limitations has
not expired; and
(2) conduct that occurred on or after the date of enactment
of this Act.

H. R. 7776—1048

Subtitle B—Science, Space, and
Technology Matters
SEC. 5911. FINANCIAL ASSISTANCE FOR CONSTRUCTION OF TEST BEDS
AND SPECIALIZED FACILITIES.

Section 34 of the National Institute of Standards and Technology Act (15 U.S.C. 278s) is amended—
(1) by redesignating subsections (f) through (l) as subsections (g) through (m), respectively; and
(2) by inserting after subsection (e) the following:
‘‘(f) AUTHORITY TO AWARD FINANCIAL ASSISTANCE FOR
CONSTRUCTION OF TEST BEDS AND SPECIALIZED FACILITIES.—
‘‘(1) IN GENERAL.—The Secretary may, acting through the
Director, award financial assistance for the construction of test
beds and specialized facilities by Manufacturing USA institutes
established or supported under subsection (e) as the Secretary
considers appropriate to carry out the purposes of the Program.
‘‘(2) REQUIREMENTS.—The Secretary shall exercise
authority under paragraph (1) in a manner and with requirements consistent with paragraphs (3) through (8) of subsection
(e).
‘‘(3) PRIORITY.—The Secretary shall establish preferences
in selection criteria for proposals for financial assistance under
this subsection from Manufacturing USA institutes that
integrate as active members one or more covered entities as
described in section 10262 of the Research and Development,
Competition, and Innovation Act (Public Law 117–167).’’.
SEC. 5912. REPORTS ON ARCTIC RESEARCH, BUDGET, AND SPENDING.

(a) CROSSCUT REPORT ON ARCTIC RESEARCH PROGRAMS.—
(1) IN GENERAL.—Not later than 180 days after the date
of the enactment of this Act, the Director of the Office of
Science and Technology Policy, in coordination with the Director
of the Office of Management and Budget, shall submit a
detailed report to Congress regarding all existing Federal programs relating to Arctic research and research-related activities, including observation, modeling, monitoring, and prediction, and research infrastructure. The report shall include—
(A) the goals of each such program;
(B) the funding levels for each such program for each
of the 5 immediately preceding fiscal years;
(C) the anticipated funding levels for each such program for each of the 5 following fiscal years; and
(D) the total funding appropriated for the current fiscal
year for such programs.
(2) DISTRIBUTION.—Not later than 30 days after submitting
the report to Congress pursuant to subsection (a), the Director
of the Office of Science and Technology Policy shall make a
report available on a public website.
(b) ANNUAL AGENCY BUDGET AND SPENDING REPORT.—
(1) ANNUAL AGENCY BUDGETS.—Each agency represented
on the Interagency Arctic Research Policy Committee shall
each include in their agency’s annual budget request to Congress a description of their agency’s projected Arctic research
activities and associated budget for the fiscal year covered
by the budget request.

H. R. 7776—1049
(2) REPORT TO CONGRESS.—Beginning with fiscal year 2025
and annually thereafter until fiscal year 2034, not later than
60 days after the President’s budget request for such fiscal
year is submitted to Congress, the Office of Science and Technology Policy shall submit an annual report to Congress
summarizing each agency’s budget request related to Arctic
research activities per the information submitted in accordance
with paragraph (1).
SEC. 5913. NATIONAL RESEARCH AND DEVELOPMENT STRATEGY FOR
DISTRIBUTED LEDGER TECHNOLOGY.

(a) DEFINITIONS.—In this section:
(1) DIRECTOR.—Except as otherwise expressly provided, the
term ‘‘Director’’ means the Director of the Office of Science
and Technology Policy.
(2) DISTRIBUTED LEDGER.—The term ‘‘distributed ledger’’
means a ledger that—
(A) is shared across a set of distributed nodes, which
are devices or processes, that participate in a network
and store a complete or partial replica of the ledger;
(B) is synchronized between the nodes;
(C) has data appended to it by following the ledger’s
specified consensus mechanism;
(D) may be accessible to anyone (public) or restricted
to a subset of participants (private); and
(E) may require participants to have authorization to
perform certain actions (engaging) or require no authorization (permissionless).
(3) DISTRIBUTED LEDGER TECHNOLOGY.—The term ‘‘distributed ledger technology’’ means technology that enables the
operation and use of distributed ledgers.
(4) INSTITUTION OF HIGHER EDUCATION.—The term ‘‘institution of higher education’’ has the meaning given the term
in section 101 of the Higher Education Act of 1965 (20 U.S.C.
1001).
(5) RELEVANT CONGRESSIONAL COMMITTEES.—The term ‘‘relevant congressional committees’’ means—
(A) the Committee on Commerce, Science, and
Transportation of the Senate; and
(B) the Committee on Science, Space, and Technology
of the House of Representatives.
(6) SMART CONTRACT.—The term ‘‘smart contract’’ means
a computer program stored in a distributed ledger system that
is executed when certain predefined conditions are satisfied
and wherein the outcome of any execution of the program
may be recorded on the distributed ledger.
(b) NATIONAL DISTRIBUTED LEDGER TECHNOLOGY RESEARCH
AND DEVELOPMENT STRATEGY.—
(1) IN GENERAL.—The Director, or a designee of the
Director, shall, in coordination with the National Science and
Technology Council, and the heads of such other relevant Federal agencies and entities as the Director considers appropriate,
which may include the National Academies, and in consultation
with such nongovernmental entities as the Director considers
appropriate, develop a national strategy for the research and
development of distributed ledger technologies and their
applications, including applications of public and permissionless

H. R. 7776—1050
distributed ledgers. In developing the national strategy, the
Director shall consider the following:
(A) Current efforts and coordination by Federal agencies to invest in the research and development of distributed ledger technologies and their applications, including
through programs like the Small Business Innovation
Research program, the Small Business Technology Transfer
program, and the National Science Foundation’s Innovation
Corps programs.
(B)(i) The potential benefits and risks of applications
of distributed ledger technologies across different industry
sectors, including their potential to—
(I) lower transactions costs and facilitate new types
of commercial transactions;
(II) protect privacy and increase individuals’ data
sovereignty;
(III) reduce friction to the interoperability of digital
systems;
(IV) increase the accessibility, auditability, security, efficiency, and transparency of digital services;
(V) increase market competition in the provision
of digital services;
(VI) enable dynamic contracting and contract
execution through smart contracts;
(VII) enable participants to collaborate in trustless
and disintermediated environments;
(VIII) enable the operations and governance of
distributed organizations;
(IX) create new ownership models for digital items;
and
(X) increase participation of populations historically underrepresented in the technology, business, and
financial sectors.
(ii) In consideration of the potential risks of applications of distributed ledger technologies under clause (i),
the Director shall take into account, where applicable—
(I) additional risks that may emerge from distributed ledger technologies, as identified in reports submitted to the President pursuant to Executive Order
14067, that may be addressed by research and development;
(II) software vulnerabilities in distributed ledger
technologies and smart contracts;
(III) limited consumer literacy on engaging with
applications of distributed ledger technologies in a
secure way;
(IV) the use of distributed ledger technologies in
illicit finance and their use in combating illicit finance;
(V) manipulative, deceptive, and fraudulent practices that harm consumers engaging with applications
of distributed ledger technologies;
(VI) the implications of different consensus mechanisms for digital ledgers and governance and accountability mechanisms for applications of distributed
ledger technologies, which may include decentralized
networks;

H. R. 7776—1051
(VII) foreign activities in the development and
deployment of distributed ledger technologies and their
associated tools and infrastructure; and
(VIII) environmental, sustainability, and economic
impacts of the computational resources required for
distributed ledger technologies.
(C) Potential uses for distributed ledger technologies
that could improve the operations and delivery of services
by Federal agencies, taking into account the potential of
digital ledger technologies to—
(i) improve the efficiency and effectiveness of privacy-preserving data sharing among Federal agencies
and with State, local, territorial, and Tribal governments;
(ii) promote government transparency by
improving data sharing with the public;
(iii) introduce or mitigate risks that may threaten
individuals’ rights or broad access to Federal services;
(iv) automate and modernize processes for
assessing and ensuring regulatory compliance; and
(v) facilitate broad access to financial services for
underserved and underbanked populations.
(D) Ways to support public and private sector dialogue
on areas of research that could enhance the efficiency,
scalability, interoperability, security, and privacy of
applications using distributed ledger technologies.
(E) The need for increased coordination of the public
and private sectors on the development of voluntary standards in order to promote research and development,
including standards regarding security, smart contracts,
cryptographic protocols, virtual routing and forwarding,
interoperability, zero-knowledge proofs, and privacy, for
distributed ledger technologies and their applications.
(F) Applications of distributed ledger technologies that
could positively benefit society but that receive relatively
little private sector investment.
(G) The United States position in global leadership
and competitiveness across research, development, and
deployment of distributed ledger technologies.
(2) CONSULTATION.—
(A) IN GENERAL.—In carrying out the Director’s duties
under this subsection, the Director shall consult with the
following:
(i) Private industry.
(ii) Institutions of higher education, including
minority-serving institutions.
(iii) Nonprofit organizations, including foundations
dedicated to supporting distributed ledger technologies
and their applications.
(iv) State governments.
(v) Such other persons as the Director considers
appropriate.
(B) REPRESENTATION.—The Director shall ensure consultations with the following:
(i) Rural and urban stakeholders from across the
Nation.
(ii) Small, medium, and large businesses.

H. R. 7776—1052
(iii) Subject matter experts representing multiple
industrial sectors.
(iv) A demographically diverse set of stakeholders.
(3) COORDINATION.—In carrying out this subsection, the
Director shall, for purposes of avoiding duplication of activities,
consult, cooperate, and coordinate with the programs and policies of other relevant Federal agencies, including the interagency process outlined in section 3 of Executive Order 14067
(87 Fed. Reg. 14143; relating ensuring responsible development
of digital assets).
(4) NATIONAL STRATEGY.—Not later than 1 year after the
date of enactment of this Act, the Director shall submit to
the relevant congressional committees and the President a
national strategy that includes the following:
(A) Priorities for the research and development of
distributed ledger technologies and their applications.
(B) Plans to support public and private sector investment and partnerships in research and technology development for societally beneficial applications of distributed
ledger technologies.
(C) Plans to mitigate the risks of distributed ledger
technologies and their applications.
(D) An identification of additional resources, administrative action, or legislative action recommended to assist
with the implementation of such strategy.
(5) RESEARCH AND DEVELOPMENT FUNDING.—The Director
shall, as the Director considers necessary, consult with the
Director of the Office of Management and Budget and with
the heads of such other elements of the Executive Office of
the President as the Director considers appropriate, to ensure
that the recommendations and priorities with respect to
research and development funding, as expressed in the national
strategy developed under this subsection, are incorporated in
the development of annual budget requests for Federal research
agencies.
(c) DISTRIBUTED LEDGER TECHNOLOGY RESEARCH.—
(1) IN GENERAL.—Subject to the availability of appropriations, the Director of the National Science Foundation shall
make awards, on a competitive basis, to institutions of higher
education, including minority-serving institutions, or nonprofit
organizations (or consortia of such institutions or organizations)
to support research, including interdisciplinary research, on
distributed ledger technologies, their applications, and other
issues that impact or are caused by distributed ledger technologies, which may include research on—
(A) the implications on trust, transparency, privacy,
accessibility, accountability, and energy consumption of different consensus mechanisms and hardware choices, and
approaches for addressing these implications;
(B) approaches for improving the security, privacy,
resiliency, interoperability, performance, and scalability of
distributed ledger technologies and their applications,
which may include decentralized networks;
(C) approaches for identifying and addressing
vulnerabilities and improving the performance and expressive power of smart contracts;

H. R. 7776—1053
(D) the implications of quantum computing on applications of distributed ledger technologies, including long-term
protection of sensitive information (such as medical or digital property), and techniques to address them;
(E) game theory, mechanism design, and economics
underpinning and facilitating the operations and governance of decentralized networks enabled by distributed
ledger technologies;
(F) the social behaviors of participants in decentralized
networks enabled by distributed ledger technologies;
(G) human-centric design approaches to make distributed ledger technologies and their applications more usable
and accessible;
(H) use cases for distributed ledger technologies across
various industry sectors and government, including applications pertaining to—
(i) digital identity, including trusted identity and
identity management;
(ii) digital property rights;
(iii) delivery of public services;
(iv) supply chain transparency;
(v) medical information management;
(vi) inclusive financial services;
(vii) community governance;
(viii) charitable giving;
(ix) public goods funding;
(x) digital credentials;
(xi) regulatory compliance;
(xii) infrastructure resilience, including against
natural disasters; and
(xiii) peer-to-peer transactions; and
(I) the social, behavioral, and economic implications
associated with the growth of applications of distributed
ledger technologies, including decentralization in business,
financial, and economic systems.
(2) ACCELERATING INNOVATION.—The Director of the
National Science Foundation shall consider continuing to support startups that are in need of funding, would develop in
and contribute to the economy of the United States, leverage
distributed ledger technologies, have the potential to positively
benefit society, and have the potential for commercial viability,
through programs like the Small Business Innovation Research
program, the Small Business Technology Transfer program,
and, as appropriate, other programs that promote broad and
diverse participation.
(3) CONSIDERATION OF NATIONAL DISTRIBUTED LEDGER
TECHNOLOGY RESEARCH AND DEVELOPMENT STRATEGY.—In
making awards under paragraph (1), the Director of the
National Science Foundation shall take into account the
national strategy, as described in subsection (b)(4).
(4) FUNDAMENTAL RESEARCH.—The Director of the National
Science Foundation shall consider continuing to make awards
supporting fundamental research in areas related to distributed
ledger technologies and their applications, such as applied
cryptography and distributed systems.
(d) DISTRIBUTED LEDGER TECHNOLOGY APPLIED RESEARCH
PROJECT.—

H. R. 7776—1054
(1) APPLIED RESEARCH PROJECT.—Subject to the availability
of appropriations, the Director of the National Institute of
Standards and Technology, may carry out an applied research
project to study and demonstrate the potential benefits and
unique capabilities of distributed ledger technologies.
(2) ACTIVITIES.—In carrying out the applied research
project, the Director of the National Institute of Standards
and Technology shall—
(A) identify potential applications of distributed ledger
technologies, including those that could benefit activities
at the Department of Commerce or at other Federal agencies, considering applications that could—
(i) improve the privacy and interoperability of digital identity and access management solutions;
(ii) increase the integrity and transparency of
supply chains through the secure and limited sharing
of relevant supplier information;
(iii) facilitate broader participation in distributed
ledger technologies of populations historically underrepresented in technology, business, and financial sectors; or
(iv) be of benefit to the public or private sectors,
as determined by the Director in consultation with
relevant stakeholders;
(B) solicit and provide the opportunity for public comment relevant to potential projects;
(C) consider, in the selection of a project, whether
the project addresses a pressing need not already addressed
by another organization or Federal agency;
(D) establish plans to mitigate potential risks,
including those outlined in subsection (b)(1)(B)(ii), if
applicable, of potential projects;
(E) produce an example solution leveraging distributed
ledger technologies for 1 of the applications identified in
subparagraph (A);
(F) hold a competitive process to select private sector
partners, if they are engaged, to support the implementation of the example solution;
(G) consider hosting the project at the National Cybersecurity Center of Excellence; and
(H) ensure that cybersecurity best practices consistent
with the Cybersecurity Frame work of the National
Institute of Standards and Technology are demonstrated
in the project.
(3) BRIEFINGS TO CONGRESS.—Not later than 1 year after
the date of enactment of this Act, the Director of the National
Institute of Standards and Technology shall offer a briefing
to the relevant congressional committees on the progress and
current findings from the project under this subsection.
(4) PUBLIC REPORT.—Not later than 12 months after the
completion of the project under this subsection, the Director
of the National Institute of Standards and Technology shall
make public a report on the results and findings from the
project.
SEC. 5914. TECHNICAL CORRECTIONS.

The Energy Policy Act of 2005 is amended—

H. R. 7776—1055
(1) in section 952(a)(2)(A) (42 U.S.C. 16272(a)(2)(A)), by
striking ‘‘shall evaluate the technical and economic feasibility
of the establishment of’’ and inserting ‘‘shall evaluate the technical and economic feasibility of establishing and, if feasible,
is authorized to establish’’; and
(2) in section 954(a)(5) (42 U.S.C. 16274(a)(5)), by—
(A) redesignating subparagraph (E) as subparagraph
(F); and
(B) by inserting after subparagraph (D) the following:
‘‘(E) FUEL SERVICES.—The Research Reactor Infrastructure subprogram within the Radiological Facilities Management program of the Department, as authorized by paragraph (6), shall be expanded to provide fuel services to
research reactors established by this paragraph.’’.

Subtitle C—FedRamp Authorization Act
SEC. 5921. FEDRAMP AUTHORIZATION ACT.

(a) SHORT TITLE.—This section may be cited as the ‘‘FedRAMP
Authorization Act’’.
(b) AMENDMENT.—Chapter 36 of title 44, United States Code,
is amended by adding at the end the following:
‘‘§ 3607. Definitions
‘‘(a) IN GENERAL.—Except as provided under subsection (b),
the definitions under sections 3502 and 3552 apply to this section
through section 3616.
‘‘(b) ADDITIONAL DEFINITIONS.—In this section through section
3616:
‘‘(1) ADMINISTRATOR.—The term ‘Administrator’ means the
Administrator of General Services.
‘‘(2) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term
‘appropriate congressional committees’ means the Committee
on Homeland Security and Governmental Affairs of the Senate
and the Committee on Oversight and Reform of the House
of Representatives.
‘‘(3) AUTHORIZATION TO OPERATE; FEDERAL INFORMATION.—
The terms ‘authorization to operate’ and ‘Federal information’
have the meaning given those term in Circular A–130 of the
Office of Management and Budget entitled ‘Managing Information as a Strategic Resource’, or any successor document.
‘‘(4) CLOUD COMPUTING.—The term ‘cloud computing’ has
the meaning given the term in Special Publication 800–145
of the National Institute of Standards and Technology, or any
successor document.
‘‘(5) CLOUD SERVICE PROVIDER.—The term ‘cloud service
provider’ means an entity offering cloud computing products
or services to agencies.
‘‘(6) FEDRAMP.—The term ‘FedRAMP’ means the Federal
Risk and Authorization Management Program established
under section 3608.
‘‘(7) FEDRAMP AUTHORIZATION.—The term ‘FedRAMP
authorization’ means a certification that a cloud computing
product or service has—
‘‘(A) completed a FedRAMP authorization process, as
determined by the Administrator; or

H. R. 7776—1056
‘‘(B) received a FedRAMP provisional authorization to
operate, as determined by the FedRAMP Board.
‘‘(8) FEDRAMP AUTHORIZATION PACKAGE.—The term
‘FedRAMP authorization package’ means the essential information that can be used by an agency to determine whether
to authorize the operation of an information system or the
use of a designated set of common controls for all cloud computing products and services authorized by FedRAMP.
‘‘(9) FEDRAMP BOARD.—The term ‘FedRAMP Board’ means
the board established under section 3610.
‘‘(10) INDEPENDENT ASSESSMENT SERVICE.—The term ‘independent assessment service’ means a third-party organization
accredited by the Administrator to undertake conformity assessments of cloud service providers and the products or services
of cloud service providers.
‘‘(11) SECRETARY.—The term ‘Secretary’ means the Secretary of Homeland Security.
‘‘§ 3608. Federal Risk and Authorization Management Program
‘‘There is established within the General Services Administration the Federal Risk and Authorization Management Program.
The Administrator, subject to section 3614, shall establish a Government-wide program that provides a standardized, reusable approach
to security assessment and authorization for cloud computing products and services that process unclassified information used by
agencies.
‘‘§ 3609. Roles and responsibilities of the General Services
Administration
‘‘(a) ROLES AND RESPONSIBILITIES.—The Administrator shall—
‘‘(1) in consultation with the Secretary, develop, coordinate,
and implement a process to support agency review, reuse, and
standardization, where appropriate, of security assessments of
cloud computing products and services, including, as appropriate, oversight of continuous monitoring of cloud computing
products and services, pursuant to guidance issued by the
Director pursuant to section 3614;
‘‘(2) establish processes and identify criteria consistent with
guidance issued by the Director under section 3614 to make
a cloud computing product or service eligible for a FedRAMP
authorization and validate whether a cloud computing product
or service has a FedRAMP authorization;
‘‘(3) develop and publish templates, best practices, technical
assistance, and other materials to support the authorization
of cloud computing products and services and increase the
speed, effectiveness, and transparency of the authorization
process, consistent with standards and guidelines established
by the Director of the National Institute of Standards and
Technology and relevant statutes;
‘‘(4) establish and update guidance on the boundaries of
FedRAMP authorization packages to enhance the security and
protection of Federal information and promote transparency
for agencies and users as to which services are included in
the scope of a FedRAMP authorization;

H. R. 7776—1057
‘‘(5) grant FedRAMP authorizations to cloud computing
products and services consistent with the guidance and direction of the FedRAMP Board;
‘‘(6) establish and maintain a public comment process for
proposed guidance and other FedRAMP directives that may
have a direct impact on cloud service providers and agencies
before the issuance of such guidance or other FedRAMP directives;
‘‘(7) coordinate with the FedRAMP Board, the Director
of the Cybersecurity and Infrastructure Security Agency, and
other entities identified by the Administrator, with the concurrence of the Director and the Secretary, to establish and regularly update a framework for continuous monitoring under section 3553;
‘‘(8) provide a secure mechanism for storing and sharing
necessary data, including FedRAMP authorization packages,
to enable better reuse of such packages across agencies,
including making available any information and data necessary
for agencies to fulfill the requirements of section 3613;
‘‘(9) provide regular updates to applicant cloud service providers on the status of any cloud computing product or service
during an assessment process;
‘‘(10) regularly review, in consultation with the FedRAMP
Board—
‘‘(A) the costs associated with the independent assessment services described in section 3611; and
‘‘(B) the information relating to foreign interests submitted pursuant to section 3612;
‘‘(11) in coordination with the Director, the Secretary, and
other stakeholders, as appropriate, determine the sufficiency
of underlying requirements to identify and assess the provenance of the software in cloud services and products;
‘‘(12) support the Federal Secure Cloud Advisory Committee
established pursuant to section 3616; and
‘‘(13) take such other actions as the Administrator may
determine necessary to carry out FedRAMP.
‘‘(b) WEBSITE.—
‘‘(1) IN GENERAL.—The Administrator shall maintain a
public website to serve as the authoritative repository for
FedRAMP, including the timely publication and updates for
all relevant information, guidance, determinations, and other
materials required under subsection (a).
‘‘(2) CRITERIA AND PROCESS FOR FEDRAMP AUTHORIZATION
PRIORITIES.—The Administrator shall develop and make publicly available on the website described in paragraph (1) the
criteria and process for prioritizing and selecting cloud computing products and services that will receive a FedRAMP
authorization, in consultation with the FedRAMP Board and
the Chief Information Officers Council.
‘‘(c) EVALUATION OF AUTOMATION PROCEDURES.—
‘‘(1) IN GENERAL.—The Administrator, in coordination with
the Secretary, shall assess and evaluate available automation
capabilities and procedures to improve the efficiency and
effectiveness of the issuance of FedRAMP authorizations,
including continuous monitoring of cloud computing products
and services.

H. R. 7776—1058
‘‘(2) MEANS FOR AUTOMATION.—Not later than 1 year after
the date of enactment of this section, and updated regularly
thereafter, the Administrator shall establish a means for the
automation of security assessments and reviews.
‘‘(d) METRICS FOR AUTHORIZATION.—The Administrator shall
establish annual metrics regarding the time and quality of the
assessments necessary for completion of a FedRAMP authorization
process in a manner that can be consistently tracked over time
in conjunction with the periodic testing and evaluation process
pursuant to section 3554 in a manner that minimizes the agency
reporting burden.
‘‘§ 3610. FedRAMP Board
‘‘(a) ESTABLISHMENT.—There is established a FedRAMP Board
to provide input and recommendations to the Administrator
regarding the requirements and guidelines for, and the
prioritization of, security assessments of cloud computing products
and services.
‘‘(b) MEMBERSHIP.—The FedRAMP Board shall consist of not
more than 7 senior officials or experts from agencies appointed
by the Director, in consultation with the Administrator, from each
of the following:
‘‘(1) The Department of Defense.
‘‘(2) The Department of Homeland Security.
‘‘(3) The General Services Administration.
‘‘(4) Such other agencies as determined by the Director,
in consultation with the Administrator.
‘‘(c) QUALIFICATIONS.—Members of the FedRAMP Board
appointed under subsection (b) shall have technical expertise in
domains relevant to FedRAMP, such as—
‘‘(1) cloud computing;
‘‘(2) cybersecurity;
‘‘(3) privacy;
‘‘(4) risk management; and
‘‘(5) other competencies identified by the Director to support
the secure authorization of cloud services and products.
‘‘(d) DUTIES.—The FedRAMP Board shall—
‘‘(1) in consultation with the Administrator, serve as a
resource for best practices to accelerate the process for obtaining
a FedRAMP authorization;
‘‘(2) establish and regularly update requirements and guidelines for security authorizations of cloud computing products
and services, consistent with standards and guidelines established by the Director of the National Institute of Standards
and Technology, to be used in the determination of FedRAMP
authorizations;
‘‘(3) monitor and oversee, to the greatest extent practicable,
the processes and procedures by which agencies determine and
validate requirements for a FedRAMP authorization, including
periodic review of the agency determinations described in section 3613(b);
‘‘(4) ensure consistency and transparency between agencies
and cloud service providers in a manner that minimizes confusion and engenders trust; and
‘‘(5) perform such other roles and responsibilities as the
Director may assign, with concurrence from the Administrator.

H. R. 7776—1059
‘‘(e) DETERMINATIONS OF DEMAND FOR CLOUD COMPUTING PRODSERVICES.—The FedRAMP Board may consult with the
Chief Information Officers Council to establish a process, which
may be made available on the website maintained under section
3609(b), for prioritizing and accepting the cloud computing products
and services to be granted a FedRAMP authorization.
UCTS AND

‘‘§ 3611. Independent assessment
‘‘The Administrator may determine whether FedRAMP may
use an independent assessment service to analyze, validate, and
attest to the quality and compliance of security assessment materials provided by cloud service providers during the course of a
determination of whether to use a cloud computing product or
service.
‘‘§ 3612. Declaration of foreign interests
‘‘(a) IN GENERAL.—An independent assessment service that performs services described in section 3611 shall annually submit
to the Administrator information relating to any foreign interest,
foreign influence, or foreign control of the independent assessment
service.
‘‘(b) UPDATES.—Not later than 48 hours after there is a change
in foreign ownership or control of an independent assessment
service that performs services described in section 3611, the independent assessment service shall submit to the Administrator an
update to the information submitted under subsection (a).
‘‘(c) CERTIFICATION.—The Administrator may require a representative of an independent assessment service to certify the
accuracy and completeness of any information submitted under
this section.
‘‘§ 3613. Roles and responsibilities of agencies
‘‘(a) IN GENERAL.—In implementing the requirements of
FedRAMP, the head of each agency shall, consistent with guidance
issued by the Director pursuant to section 3614—
‘‘(1) promote the use of cloud computing products and services that meet FedRAMP security requirements and other riskbased performance requirements as determined by the Director,
in consultation with the Secretary;
‘‘(2) confirm whether there is a FedRAMP authorization
in the secure mechanism provided under section 3609(a)(8)
before beginning the process of granting a FedRAMP authorization for a cloud computing product or service;
‘‘(3) to the extent practicable, for any cloud computing
product or service the agency seeks to authorize that has
received a FedRAMP authorization, use the existing assessments of security controls and materials within any FedRAMP
authorization package for that cloud computing product or
service; and
‘‘(4) provide to the Director data and information required
by the Director pursuant to section 3614 to determine how
agencies are meeting metrics established by the Administrator.
‘‘(b) ATTESTATION.—Upon completing an assessment or
authorization activity with respect to a particular cloud computing
product or service, if an agency determines that the information
and data the agency has reviewed under paragraph (2) or (3)
of subsection (a) is wholly or substantially deficient for the purposes

H. R. 7776—1060
of performing an authorization of the cloud computing product
or service, the head of the agency shall document as part of the
resulting FedRAMP authorization package the reasons for this
determination.
‘‘(c) SUBMISSION OF AUTHORIZATIONS TO OPERATE REQUIRED.—
Upon issuance of an agency authorization to operate based on
a FedRAMP authorization, the head of the agency shall provide
a copy of its authorization to operate letter and any supplementary
information required pursuant to section 3609(a) to the Administrator.
‘‘(d) SUBMISSION OF POLICIES REQUIRED.—Not later than 180
days after the date on which the Director issues guidance in accordance with section 3614(1), the head of each agency, acting through
the chief information officer of the agency, shall submit to the
Director all agency policies relating to the authorization of cloud
computing products and services.
‘‘(e) PRESUMPTION OF ADEQUACY.—
‘‘(1) IN GENERAL.—The assessment of security controls and
materials within the authorization package for a FedRAMP
authorization shall be presumed adequate for use in an agency
authorization to operate cloud computing products and services.
‘‘(2) INFORMATION SECURITY REQUIREMENTS.—The presumption under paragraph (1) does not modify or alter—
‘‘(A) the responsibility of any agency to ensure compliance with subchapter II of chapter 35 for any cloud computing product or service used by the agency; or
‘‘(B) the authority of the head of any agency to make
a determination that there is a demonstrable need for
additional security requirements beyond the security
requirements included in a FedRAMP authorization for
a particular control implementation.
‘‘§ 3614. Roles and responsibilities of the Office of Management and Budget
‘‘The Director shall—
‘‘(1) in consultation with the Administrator and the Secretary, issue guidance that—
‘‘(A) specifies the categories or characteristics of cloud
computing products and services that are within the scope
of FedRAMP;
‘‘(B) includes requirements for agencies to obtain a
FedRAMP authorization when operating a cloud computing
product or service described in subparagraph (A) as a Federal information system; and
‘‘(C) encompasses, to the greatest extent practicable,
all necessary and appropriate cloud computing products
and services;
‘‘(2) issue guidance describing additional responsibilities
of FedRAMP and the FedRAMP Board to accelerate the adoption of secure cloud computing products and services by the
Federal Government;
‘‘(3) in consultation with the Administrator, establish a
process to periodically review FedRAMP authorization packages
to support the secure authorization and reuse of secure cloud
products and services;

H. R. 7776—1061
‘‘(4) oversee the effectiveness of FedRAMP and the
FedRAMP Board, including the compliance by the FedRAMP
Board with the duties described in section 3610(d); and
‘‘(5) to the greatest extent practicable, encourage and promote consistency of the assessment, authorization, adoption,
and use of secure cloud computing products and services within
and across agencies.
‘‘§ 3615. Reports to Congress; GAO report
‘‘(a) REPORTS TO CONGRESS.—Not later than 1 year after the
date of enactment of this section, and annually thereafter, the
Director shall submit to the appropriate congressional committees
a report that includes the following:
‘‘(1) During the preceding year, the status, efficiency, and
effectiveness of the General Services Administration under section 3609 and agencies under section 3613 and in supporting
the speed, effectiveness, sharing, reuse, and security of
authorizations to operate for secure cloud computing products
and services.
‘‘(2) Progress towards meeting the metrics required under
section 3609(d).
‘‘(3) Data on FedRAMP authorizations.
‘‘(4) The average length of time to issue FedRAMP
authorizations.
‘‘(5) The number of FedRAMP authorizations submitted,
issued, and denied for the preceding year.
‘‘(6) A review of progress made during the preceding year
in advancing automation techniques to securely automate
FedRAMP processes and to accelerate reporting under this
section.
‘‘(7) The number and characteristics of authorized cloud
computing products and services in use at each agency consistent with guidance provided by the Director under section
3614.
‘‘(8) A review of FedRAMP measures to ensure the security
of data stored or processed by cloud service providers, which
may include—
‘‘(A) geolocation restrictions for provided products or
services;
‘‘(B) disclosures of foreign elements of supply chains
of acquired products or services;
‘‘(C) continued disclosures of ownership of cloud service
providers by foreign entities; and
‘‘(D) encryption for data processed, stored, or transmitted by cloud service providers.
‘‘(b) GAO REPORT.—Not later than 180 days after the date
of enactment of this section, the Comptroller General of the United
States shall report to the appropriate congressional committees
an assessment of the following:
‘‘(1) The costs incurred by agencies and cloud service providers relating to the issuance of FedRAMP authorizations.
‘‘(2) The extent to which agencies have processes in place
to continuously monitor the implementation of cloud computing
products and services operating as Federal information systems.
‘‘(3) How often and for which categories of products and
services agencies use FedRAMP authorizations.

H. R. 7776—1062
‘‘(4) The unique costs and potential burdens incurred by
cloud computing companies that are small business concerns
(as defined in section 3(a) of the Small Business Act (15 U.S.C.
632(a)) as a part of the FedRAMP authorization process.
‘‘§ 3616. Federal Secure Cloud Advisory Committee
‘‘(a) ESTABLISHMENT, PURPOSES, AND DUTIES.—
‘‘(1) ESTABLISHMENT.—There is established a Federal
Secure Cloud Advisory Committee (referred to in this section
as the ‘Committee’) to ensure effective and ongoing coordination
of agency adoption, use, authorization, monitoring, acquisition,
and security of cloud computing products and services to enable
agency mission and administrative priorities.
‘‘(2) PURPOSES.—The purposes of the Committee are the
following:
‘‘(A) To examine the operations of FedRAMP and determine ways that authorization processes can continuously
be improved, including the following:
‘‘(i) Measures to increase agency reuse of
FedRAMP authorizations.
‘‘(ii) Proposed actions that can be adopted to reduce
the burden, confusion, and cost associated with
FedRAMP authorizations for cloud service providers.
‘‘(iii) Measures to increase the number of
FedRAMP authorizations for cloud computing products
and services offered by small businesses concerns (as
defined by section 3(a) of the Small Business Act (15
U.S.C. 632(a)).
‘‘(iv) Proposed actions that can be adopted to
reduce the burden and cost of FedRAMP authorizations
for agencies.
‘‘(B) Collect information and feedback on agency
compliance with and implementation of FedRAMP requirements.
‘‘(C) Serve as a forum that facilitates communication
and collaboration among the FedRAMP stakeholder
community.
‘‘(3) DUTIES.—The duties of the Committee include providing advice and recommendations to the Administrator, the
FedRAMP Board, and agencies on technical, financial, programmatic, and operational matters regarding secure adoption
of cloud computing products and services.
‘‘(b) MEMBERS.—
‘‘(1) COMPOSITION.—The Committee shall be comprised of
not more than 15 members who are qualified representatives
from the public and private sectors, appointed by the Administrator, in consultation with the Director, as follows:
‘‘(A) The Administrator or the Administrator’s designee, who shall be the Chair of the Committee.
‘‘(B) At least 1 representative each from the Cybersecurity and Infrastructure Security Agency and the National
Institute of Standards and Technology.
‘‘(C) At least 2 officials who serve as the Chief Information Security Officer within an agency, who shall be
required to maintain such a position throughout the duration of their service on the Committee.

H. R. 7776—1063
‘‘(D) At least 1 official serving as Chief Procurement
Officer (or equivalent) in an agency, who shall be required
to maintain such a position throughout the duration of
their service on the Committee.
‘‘(E) At least 1 individual representing an independent
assessment service.
‘‘(F) At least 5 representatives from unique businesses
that primarily provide cloud computing services or products, including at least 2 representatives from a small
business concern (as defined by section 3(a) of the Small
Business Act (15 U.S.C. 632(a))).
‘‘(G) At least 2 other representatives of the Federal
Government as the Administrator determines necessary
to provide sufficient balance, insights, or expertise to the
Committee.
‘‘(2) DEADLINE FOR APPOINTMENT.—Each member of the
Committee shall be appointed not later than 90 days after
the date of enactment of this section.
‘‘(3) PERIOD OF APPOINTMENT; VACANCIES.—
‘‘(A) IN GENERAL.—Each non-Federal member of the
Committee shall be appointed for a term of 3 years, except
that the initial terms for members may be staggered 1, 2-, or 3-year terms to establish a rotation in which onethird of the members are selected each year. Any such
member may be appointed for not more than 2 consecutive
terms.
‘‘(B) VACANCIES.—Any vacancy in the Committee shall
not affect its powers, but shall be filled in the same manner
in which the original appointment was made. Any member
appointed to fill a vacancy occurring before the expiration
of the term for which the member’s predecessor was
appointed shall be appointed only for the remainder of
that term. A member may serve after the expiration of
that member’s term until a successor has taken office.
‘‘(c) MEETINGS AND RULES OF PROCEDURES.—
‘‘(1) MEETINGS.—The Committee shall hold not fewer than
3 meetings in a calendar year, at such time and place as
determined by the Chair.
‘‘(2) INITIAL MEETING.—Not later than 120 days after the
date of enactment of this section, the Committee shall meet
and begin the operations of the Committee.
‘‘(3) RULES OF PROCEDURE.—The Committee may establish
rules for the conduct of the business of the Committee if such
rules are not inconsistent with this section or other applicable
law.
‘‘(d) EMPLOYEE STATUS.—
‘‘(1) IN GENERAL.—A member of the Committee (other than
a member who is appointed to the Committee in connection
with another Federal appointment) shall not be considered
an employee of the Federal Government by reason of any service
as such a member, except for the purposes of section 5703
of title 5, relating to travel expenses.
‘‘(2) PAY NOT PERMITTED.—A member of the Committee
covered by paragraph (1) may not receive pay by reason of
service on the Committee.

H. R. 7776—1064
‘‘(e) APPLICABILITY TO THE FEDERAL ADVISORY COMMITTEE
ACT.—Section 14 of the Federal Advisory Committee Act (5 U.S.C.
App.) shall not apply to the Committee.
‘‘(f) DETAIL OF EMPLOYEES.—Any Federal Government employee
may be detailed to the Committee without reimbursement from
the Committee, and such detailee shall retain the rights, status,
and privileges of his or her regular employment without interruption.
‘‘(g) POSTAL SERVICES.—The Committee may use the United
States mails in the same manner and under the same conditions
as agencies.
‘‘(h) REPORTS.—
‘‘(1) INTERIM REPORTS.—The Committee may submit to the
Administrator and Congress interim reports containing such
findings, conclusions, and recommendations as have been
agreed to by the Committee.
‘‘(2) ANNUAL REPORTS.—Not later than 540 days after the
date of enactment of this section, and annually thereafter,
the Committee shall submit to the Administrator and Congress
a report containing such findings, conclusions, and recommendations as have been agreed to by the Committee.’’.
(c) TECHNICAL AND CONFORMING AMENDMENT.—The table of
sections for chapter 36 of title 44, United States Code, is amended
by adding at the end the following new items:
‘‘3607.
‘‘3608.
‘‘3609.
‘‘3610.
‘‘3611.
‘‘3612.
‘‘3613.
‘‘3614.
‘‘3615.
‘‘3616.

Definitions.
Federal Risk and Authorization Management Program.
Roles and responsibilities of the General Services Administration.
FedRAMP Board.
Independent assessment.
Declaration of foreign interests.
Roles and responsibilities of agencies.
Roles and responsibilities of the Office of Management and Budget.
Reports to Congress; GAO report.
Federal Secure Cloud Advisory Committee.’’.

(d) SUNSET.—
(1) IN GENERAL.—Effective on the date that is 5 years
after the date of enactment of this Act, chapter 36 of title
44, United States Code, is amended by striking sections 3607
through 3616.
(2) CONFORMING AMENDMENT.—Effective on the date that
is 5 years after the date of enactment of this Act, the table
of sections for chapter 36 of title 44, United States Code,
is amended by striking the items relating to sections 3607
through 3616.
(e) RULE OF CONSTRUCTION.—Nothing in this section or any
amendment made by this section shall be construed as altering
or impairing the authorities of the Director of the Office of Management and Budget or the Secretary of Homeland Security under
subchapter II of chapter 35 of title 44, United States Code.

Subtitle D—Judicial Security and Privacy
SEC. 5931. SHORT TITLE.

This subtitle may be cited as the ‘‘Daniel Anderl Judicial Security and Privacy Act of 2022’’.
SEC. 5932. FINDINGS AND PURPOSE.

(a) FINDINGS.—Congress finds the following:

H. R. 7776—1065
(1) Members of the Federal judiciary perform the important
function of interpreting the Constitution of the United States
and administering justice in a fair and impartial manner.
(2) In recent years, partially as a result of the rise in
the use of social media and online access to information, members of the Federal judiciary have been exposed to an increased
number of personal threats in connection to their role. The
ease of access to free or inexpensive sources of covered information has considerably lowered the effort required for malicious
actors to discover where individuals live and where they spend
leisure hours and to find information about their family members. Such threats have included calling a judge a traitor with
references to mass shootings and serial killings, a murder
attempt on a justice of the Supreme Court of the United States,
calling for an ‘‘angry mob’’ to gather outside a home of a
judge and, in reference to a judge on the court of appeals
of the United States, stating how easy it would be to ‘‘get
them’’.
(3) Between 2015 and 2019, threats and other inappropriate
communications against Federal judges and other judiciary personnel increased from 926 in 2015 to approximately 4,449 in
2019.
(4) Over the past decade, several members of the Federal
judiciary have experienced acts of violence against themselves
or a family member in connection to their Federal judiciary
role, including the murder in 2005 of the family of Joan Lefkow,
a judge for the United States District Court for the Northern
District of Illinois.
(5) On Sunday July 19, 2020, an assailant went to the
home of Esther Salas, a judge for the United States District
Court for the District of New Jersey, impersonating a package
delivery driver, opening fire upon arrival, and killing Daniel
Anderl, the 20-year-old only son of Judge Salas, and seriously
wounding Mark Anderl, her husband.
(6) In the aftermath of the recent tragedy that occurred
to Judge Salas and in response to the continuous rise of threats
against members of the Federal judiciary, there is an immediate
need for enhanced security procedures and increased availability of tools to protect Federal judges and their families.
(b) PURPOSE.—The purpose of this subtitle is to improve the
safety and security of Federal judges, including senior, recalled,
or retired Federal judges, and their immediate family members
to ensure Federal judges are able to administer justice fairly without
fear of personal reprisal from individuals affected by the decisions
they make in the course of carrying out their public duties.
SEC. 5933. DEFINITIONS.

In this subtitle:
(1) AT-RISK INDIVIDUAL.—The term ‘‘at-risk individual’’
means—
(A) a Federal judge;
(B) a senior, recalled, or retired Federal judge;
(C) any individual who is the spouse, parent, sibling,
or child of an individual described in subparagraph (A)
or (B);
(D) any individual to whom an individual described
in subparagraph (A) or (B) stands in loco parentis; or

H. R. 7776—1066
(E) any other individual living in the household of
an individual described in subparagraph (A) or (B).
(2) COVERED INFORMATION.—The term ‘‘covered information’’—
(A) means—
(i) a home address, including primary residence
or secondary residences;
(ii) a home or personal mobile telephone number;
(iii) a personal email address;
(iv) a social security number or driver’s license
number;
(v) a bank account or credit or debit card information;
(vi) a license plate number or other unique identifiers of a vehicle owned, leased, or regularly used by
an at-risk individual;
(vii) the identification of children of an at-risk
individual under the age of 18;
(viii) the full date of birth;
(ix) information regarding current or future school
or day care attendance, including the name or address
of the school or day care, schedules of attendance,
or routes taken to or from the school or day care
by an at-risk individual; or
(x) information regarding the employment location
of an at-risk individual, including the name or address
of the employer, employment schedules, or routes taken
to or from the employer by an at-risk individual; and
(B) does not include information regarding employment
with a Government agency.
(3) DATA BROKER.—
(A) IN GENERAL.—The term ‘‘data broker’’ means an
entity that collects and sells or licenses to third parties
the personal information of an individual with whom the
entity does not have a direct relationship..
(B) EXCLUSION.—The term ‘‘data broker’’ does not
include a commercial entity engaged in the following activities:
(i) Engaging in reporting, news-gathering,
speaking, or other activities intended to inform the
public on matters of public interest or public concern.
(ii) Providing 411 directory assistance or directory
information services, including name, address, and
telephone number, on behalf of or as a function of
a telecommunications carrier.
(iii) Using personal information internally, providing access to businesses under common ownership
or affiliated by corporate control, or selling or providing
data for a transaction or service requested by or concerning the individual whose personal information is
being transferred.
(iv) Providing publicly available information via
real-time or near-real-time alert services for health
or safety purposes.
(v) A consumer reporting agency subject to the
Fair Credit Reporting Act (15 U.S.C. 1681 et seq.).

H. R. 7776—1067
(vi) A financial institution subject to the GrammLeach-Bliley Act (Public Law 106–102) and regulations
implementing that title.
(vii) A covered entity for purposes of the privacy
regulations promulgated under section 264(c) of the
Health Insurance Portability and Accountability Act
of 1996 (42 U.S.C. 1320d-2 note).
(viii) The collection and sale or licensing of covered
information incidental to conducting the activities
described in clauses (i) through (vii).
(4) FEDERAL JUDGE.—The term ‘‘Federal judge’’ means—
(A) a justice of the United States or a judge of the
United States, as those terms are defined in section 451
of title 28, United States Code;
(B) a bankruptcy judge appointed under section 152
of title 28, United States Code;
(C) a United States magistrate judge appointed under
section 631 of title 28, United States Code;
(D) a judge confirmed by the United States Senate
and empowered by statute in any commonwealth, territory,
or possession to perform the duties of a Federal judge;
(E) a judge of the United States Court of Federal
Claims appointed under section 171 of title 28, United
States Code;
(F) a judge of the United States Court of Appeals
for Veterans Claims appointed under section 7253 of title
38, United States Code;
(G) a judge of the United States Court of Appeals
for the Armed Forces appointed under section 942 of title
10, United States Code;
(H) a judge of the United States Tax Court appointed
under section 7443 of the Internal Revenue Code of 1986;
and
(I) a special trial judge of the United States Tax Court
appointed under section 7443A of the Internal Revenue
Code of 1986.
(5) GOVERNMENT AGENCY.—The term ‘‘Government agency’’
includes—
(A) an Executive agency, as defined in section 105
of title 5, United States Code; and
(B) any agency in the judicial branch or legislative
branch.
(6) IMMEDIATE FAMILY MEMBER.—The term ‘‘immediate
family member’’ means—
(A) any individual who is the spouse, parent, sibling,
or child of an at-risk individual;
(B) any individual to whom an at-risk individual stands
in loco parentis; or
(C) any other individual living in the household of
an at-risk individual.
(7) INTERACTIVE COMPUTER SERVICE.—The term ‘‘interactive
computer service’’ has the meaning given the term in section
230 of the Communications Act of 1934 (47 U.S.C. 230).
(8) TRANSFER.—The term ‘‘transfer’’ means to sell, license,
trade, or exchange for consideration the covered information
of an at-risk individual or immediate family member.

H. R. 7776—1068
SEC. 5934. PROTECTING COVERED INFORMATION IN PUBLIC RECORDS.

(a) GOVERNMENT AGENCIES.—
(1) IN GENERAL.—Each at-risk individual may—
(A) file written notice of the status of the individual
as an at-risk individual, for themselves and immediate
family members, with each Government agency that
includes information necessary to ensure compliance with
this section; and
(B) request that each Government agency described
in subparagraph (A) mark as private their covered information and that of their immediate family members.
(2) NO PUBLIC POSTING.—Government agencies shall not
publicly post or display publicly available content that includes
covered information of an at-risk individual or immediate family
member. Government agencies, upon receipt of a written
request under paragraph (1)(A), shall remove the covered
information of the at-risk individual or immediate family
member from publicly available content not later than 72 hours
after such receipt.
(3) EXCEPTIONS.—Nothing in this section shall prohibit a
Government agency from providing access to records containing
the covered information of a Federal judge to a third party
if the third party—
(A) possesses a signed release from the Federal judge
or a court order;
(B) is subject to the requirements of title V of the
Gramm-Leach-Bliley Act (15 U.S.C. 6801 et seq.); or
(C) executes a confidentiality agreement with the
Government agency.
(b) DELEGATION OF AUTHORITY.—
(1) IN GENERAL.—An at-risk individual may directly, or
through an agent designated by the at-risk individual, make
any notice or request required or authorized by this section
on behalf of the at-risk individual. The notice or request shall
be in writing and contain information necessary to ensure
compliance with this section, including information expressly
referencing the prohibition on the posting or transfer of covered
information, information regarding redress and penalties for
violations provided in subsection (f), and contact information
to allow the recipient to verify the accuracy of any notice
or request and answer questions by the recipient of the notice
or request.
(2) AUTHORIZATION OF GOVERNMENT AGENCIES TO MAKE
REQUESTS.—
(A) ADMINISTRATIVE OFFICE OF THE UNITED STATES
COURTS.—Upon written request of an at-risk individual
described in subparagraphs (A) through (E) of section
5933(4), the Director of the Administrative Office of the
United States Courts is authorized to make any notice
or request required or authorized by this section on behalf
of the at-risk individual. The notice or request shall include
information necessary to ensure compliance with this section, as determined by the Administrative Office of the
United States Courts. The Director may delegate this
authority under section 602(d) of title 28, United States
Code. Any notice or request made under this subsection
shall be deemed to have been made by the at-risk individual

H. R. 7776—1069
and comply with the notice and request requirements of
this section.
(B) UNITED STATES COURT OF APPEALS FOR VETERANS
CLAIMS.—Upon written request of an at-risk individual
described in section 5933(4)(F), the chief judge of the United
States Court of Appeals for Veterans Claims is authorized
to make any notice or request required or authorized by
this section on behalf of the at-risk individual. Any notice
or request made under this subsection shall be deemed
to have been made by the at-risk individual and comply
with the notice and request requirements of this section.
(C) UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES.—Upon written request of an at-risk individual
described in section 5933(4)(G), the chief judge of the
United States Court of Appeals for the Armed Forces is
authorized to make any notice or request required or
authorized by this section on behalf of the at-risk individual. Any notice or request made under this subsection
shall be deemed to have been made by the at-risk individual
and comply with the notice and request requirements of
this section.
(D) UNITED STATES TAX COURT.—Upon written request
of an at-risk individual described in subparagraph (H) or
(I) of section 5933(4), the chief judge of the United States
Tax Court is authorized to make any notice or request
required or authorized by this section on behalf of the
at-risk individual. Any notice or request made under this
subsection shall be deemed to have been made by the
at-risk individual and comply with the notice and request
requirements of this section.
(c) STATE AND LOCAL GOVERNMENTS.—
(1) GRANT PROGRAM TO PREVENT DISCLOSURE OF PERSONAL
INFORMATION OF AT-RISK INDIVIDUALS OR IMMEDIATE FAMILY
MEMBERS.—
(A) AUTHORIZATION.—The Attorney General may make
grants to prevent the release of covered information of
at-risk individuals and immediate family members (in this
subsection referred to as ‘‘judges’ covered information’’) to
the detriment of such individuals or their immediate family
members to an entity that—
(i) is—
(I) a State or unit of local government, as
defined in section 901 of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (34
U.S.C. 10251); or
(II) an agency of a State or unit of local government; and
(ii) operates a State or local database or registry
that contains covered information.
(B) APPLICATION.—An entity seeking a grant under
this subsection shall submit to the Attorney General an
application at such time, in such manner, and containing
such information as the Attorney General may reasonably
require.
(2) SCOPE OF GRANTS.—Grants made under this subsection
may be used to create or expand programs designed to protect
judges’ covered information, including through—

H. R. 7776—1070
(A) the creation of programs to redact or remove judges’
covered information, upon the request of an at-risk individual, from public records in State agencies, including
hiring a third party to redact or remove judges’ covered
information from public records;
(B) the expansion of existing programs that the State
may have enacted in an effort to protect judges’ covered
information;
(C) the development or improvement of protocols,
procedures, and policies to prevent the release of judges’
covered information;
(D) the defrayment of costs of modifying or improving
existing databases and registries to ensure that judges’
covered information is covered from release; and
(E) the development of confidential opt out systems
that will enable at-risk individuals to make a single request
to keep judges’ covered information out of multiple databases or registries.
(3) REPORT.—
(A) IN GENERAL.—Not later than 1 year after the date
of enactment of this Act, and biennially thereafter, the
Comptroller General of the United States, shall submit
to the Committee on the Judiciary of the Senate and the
Committee on the Judiciary of the House of Representatives
an annual report that includes—
(i) a detailed amount spent by States and local
governments on protecting judges’ covered information;
(ii) where the judges’ covered information was
found; and
(iii) the collection of any new types of personal
data found to be used to identify judges who have
received threats, including prior home addresses,
employers, and institutional affiliations such as nonprofit boards.
(B) STATES AND LOCAL GOVERNMENTS.—States and
local governments that receive funds under this subsection
shall submit to the Comptroller General of the United
States a report on data described in clauses (i) and (ii)
of subparagraph (A) to be included in the report required
under that subparagraph.
(d) DATA BROKERS AND OTHER BUSINESSES.—
(1) PROHIBITIONS.—
(A) DATA BROKERS.—It shall be unlawful for a data
broker to knowingly sell, license, trade for consideration,
transfer, or purchase covered information of an at-risk
individual or immediate family members.
(B) OTHER PERSONS AND BUSINESSES.—
(i) IN GENERAL.—Except as provided in clause (ii),
no person, business, or association shall publicly post
or publicly display on the internet covered information
of an at-risk individual or immediate family member
if the at-risk individual has made a written request
to that person, business, or association not to disclose
or acquire the covered information of the at-risk individual or immediate family member.
(ii) EXCEPTIONS.—Clause (i) shall not apply to—

H. R. 7776—1071
(I) the display on the internet of the covered
information of an at-risk individual or immediate
family member if the information is relevant to
and displayed as part of a news story, commentary,
editorial, or other speech on a matter of public
concern;
(II) covered information that the at-risk individual voluntarily publishes on the internet after
the date of enactment of this Act; or
(III) covered information lawfully received
from a Federal Government source (or from an
employee or agent of the Federal Government).
(2) REQUIRED CONDUCT.—
(A) IN GENERAL.—After receiving a written request
under paragraph (1)(B), the person, business, or association
shall—
(i) remove within 72 hours the covered information
identified in the written request from the internet and
ensure that the information is not made available on
any website or subsidiary website controlled by that
person, business, or association and identify any other
instances of the identified information that should also
be removed; and
(ii) assist the sender to locate the covered information of the at-risk individual or immediate family
member posted on any website or subsidiary website
controlled by that person, business, or association.
(B) TRANSFER.—
(i) IN GENERAL.—Except as provided in clause (ii),
after receiving a written request under paragraph
(1)(B), the person, business, or association shall not
transfer the covered information of the at-risk individual or immediate family member to any other person, business, or association through any medium.
(ii) EXCEPTIONS.—Clause (i) shall not apply to—
(I) the transfer of the covered information of
the at-risk individual or immediate family member
if the information is relevant to and displayed
as part of a news story, commentary, editorial,
or other speech on a matter of public concern;
(II) covered information that the at-risk individual or immediate family member voluntarily
publishes on the internet after the date of enactment of this Act; or
(III) a transfer made at the request of the
at-risk individual or that is necessary to effectuate
a request to the person, business, or association
from the at-risk individual.
(e) DATA SECURITY.—
(1) RECIPIENTS.—Any interactive computer service shall
implement and maintain reasonable security procedures and
practices to protect any information collected or received to
comply with the requirements of this subtitle from unauthorized
use, disclosure, access, destruction, or modification.
(2) GOVERNMENT CUSTODIANS.—The Administrative Office
of the United States Courts and the administrators of the
courts described in this subtitle shall implement and maintain

H. R. 7776—1072
reasonable security procedures and practices to protect any
information they collect, receive, or transmit pursuant to the
provisions of this subtitle.
(f) REDRESS AND PENALTIES.—
(1) IN GENERAL.—If the covered information of an at-risk
individual described in subparagraphs (A) through (E) of section
5933(4) or their immediate family is made public as a result
of a violation of this subtitle, the Director of the Administrative
Office of the United States Courts, or the designee of the
Director, may file an action seeking injunctive or declaratory
relief in any court of competent jurisdiction, through the
Department of Justice.
(2) AUTHORITY.—The respective chief judge for judges
described in subparagraphs (B), (C), and (D) of section
5934(b)(2) shall have the same authority as the Director under
this paragraph for at-risk individuals in their courts or their
immediate family members.
(3) PENALTIES AND DAMAGES.—If a person, business, or
association knowingly violates an order granting injunctive or
declarative relief under paragraph (1), the court issuing such
order may—
(A) if the person, business, or association is a government agency—
(i) impose a fine not greater than $4,000; and
(ii) award to the at-risk individual or their immediate family, as applicable, court costs and reasonable
attorney’s fees; and
(B) if the person, business, or association is not a
government agency, award to the at-risk individual or their
immediate family, as applicable—
(i) an amount equal to the actual damages sustained by the at-risk individual or their immediate
family; and
(ii) court costs and reasonable attorney’s fees.
SEC. 5935. TRAINING AND EDUCATION.

Amounts appropriated to the Federal judiciary for fiscal year
2022, and each fiscal year thereafter, may be used for biannual
judicial security training for active, senior, or recalled Federal
judges described in subparagraph (A), (B), (C), (D), or (E) of section
5933(4) and their immediate family members, including—
(1) best practices for using social media and other forms
of online engagement and for maintaining online privacy;
(2) home security program and maintenance;
(3) understanding removal programs and requirements for
covered information; and
(4) any other judicial security training that the United
States Marshals Services and the Administrative Office of the
United States Courts determines is relevant.
SEC. 5936. VULNERABILITY MANAGEMENT CAPABILITY.

(a) AUTHORIZATION.—
(1) VULNERABILITY MANAGEMENT CAPABILITY.—The Federal
judiciary is authorized to perform all necessary functions consistent with the provisions of this subtitle and to support
existing threat management capabilities within the United
States Marshals Service and other relevant Federal law enforcement and security agencies for active, senior, recalled, and

H. R. 7776—1073
retired Federal judges described in subparagraphs (A), (B),
(C), (D), and (E) of section 5933(4), including—
(A) monitoring the protection of at-risk individuals and
judiciary assets;
(B) managing the monitoring of websites for covered
information of at-risk individuals and immediate family
members and remove or limit the publication of such
information;
(C) receiving, reviewing, and analyzing complaints by
at-risk individuals of threats, whether direct or indirect,
and report such threats to law enforcement partners; and
(D) providing training described in section 5935.
(2) VULNERABILITY MANAGEMENT FOR CERTAIN ARTICLE I
COURTS.—The functions and support authorized in paragraph
(1) shall be authorized as follows:
(A) The chief judge of the United States Court of
Appeals for Veterans Claims is authorized to perform such
functions and support for the Federal judges described
in section 5933(4)(F).
(B) The United States Court of Appeals for the Armed
Forces is authorized to perform such functions and support
for the Federal judges described in section 5933(4)(G).
(C) The United States Tax Court is authorized to perform such functions and support for the Federal judges
described in subparagraphs (H) and (I) of section 5933(4).
(3) TECHNICAL AND CONFORMING AMENDMENT.—Section
604(a) of title 28, United States Code is amended—
(A) in paragraph (23), by striking ‘‘and’’ at the end;
(B) in paragraph (24) by striking ‘‘him’’ and inserting
‘‘the Director’’;
(C) by redesignating paragraph (24) as paragraph (25);
and
(D) by inserting after paragraph (23) the following:
‘‘(24) Establish and administer a vulnerability management
program in the judicial branch; and’’.
(b) EXPANSION OF CAPABILITIES OF OFFICE OF PROTECTIVE
INTELLIGENCE.—
(1) IN GENERAL.—The United States Marshals Service is
authorized to expand the current capabilities of the Office of
Protective Intelligence of the Judicial Security Division to
increase the workforce of the Office of Protective Intelligence
to include additional intelligence analysts, United States deputy
marshals, and any other relevant personnel to ensure that
the Office of Protective Intelligence is ready and able to perform
all necessary functions, consistent with the provisions of this
subtitle, in order to anticipate and deter threats to the Federal
judiciary, including—
(A) assigning personnel to State and major urban area
fusion and intelligence centers for the specific purpose of
identifying potential threats against the Federal judiciary
and coordinating responses to such potential threats;
(B) expanding the use of investigative analysts, physical security specialists, and intelligence analysts at the
94 judicial districts and territories to enhance the management of local and distant threats and investigations; and
(C) increasing the number of United States Marshal
Service personnel for the protection of the Federal judicial

H. R. 7776—1074
function and assigned to protective operations and details
for the Federal judiciary.
(2) INFORMATION SHARING.—If any of the activities of the
United States Marshals Service uncover information related
to threats to individuals other than Federal judges, the United
States Marshals Service shall, to the maximum extent practicable, share such information with the appropriate Federal,
State, and local law enforcement agencies.
(c) REPORT.—
(1) IN GENERAL.—Not later than 1 year after the date
of enactment of this Act, the Department of Justice, in consultation with the Administrative Office of the United States Courts,
the United States Court of Appeals for Veterans Claims, the
United States Court of Appeals for the Armed Forces, and
the United States Tax Court, shall submit to the Committee
on the Judiciary of the Senate and the Committee on the
Judiciary of the House of Representatives a report on the
security of Federal judges arising from Federal prosecutions
and civil litigation.
(2) DESCRIPTION.—The report required under paragraph
(1) shall describe—
(A) the number and nature of threats and assaults
against at-risk individuals handling prosecutions and other
matters described in paragraph (1) and the reporting
requirements and methods;
(B) the security measures that are in place to protect
at-risk individuals handling prosecutions described in paragraph (1), including threat assessments, response procedures, the availability of security systems and other
devices, firearms licensing such as deputations, and other
measures designed to protect the at-risk individuals and
their immediate family members; and
(C) for each requirement, measure, or policy described
in subparagraphs (A) and (B), when the requirement,
measure, or policy was developed and who was responsible
for developing and implementing the requirement,
measure, or policy.
(3) PUBLIC POSTING.—The report described in paragraph
(1) shall, in whole or in part, be exempt from public disclosure
if the Attorney General determines that such public disclosure
could endanger an at-risk individual.
SEC. 5937. RULES OF CONSTRUCTION.

(a) IN GENERAL.—Nothing in this subtitle shall be construed—
(1) to prohibit, restrain, or limit—
(A) the lawful investigation or reporting by the press
of any unlawful activity or misconduct alleged to have
been committed by an at-risk individual or their immediate
family member; or
(B) the reporting on an at-risk individual or their
immediate family member regarding matters of public concern;
(2) to impair access to decisions and opinions from a Federal
judge in the course of carrying out their public functions;
(3) to limit the publication or transfer of covered information with the written consent of the at-risk individual or their
immediate family member; or

H. R. 7776—1075
(4) to prohibit information sharing by a data broker to
a Federal, State, Tribal, or local government, or any unit
thereof.
(b) PROTECTION OF COVERED INFORMATION.—This subtitle shall
be broadly construed to favor the protection of the covered information of at-risk individuals and their immediate family members.
SEC. 5938. SEVERABILITY.

If any provision of this subtitle, an amendment made by this
subtitle, or the application of such provision or amendment to
any person or circumstance is held to be unconstitutional, the
remainder of this subtitle and the amendments made by this subtitle, and the application of the remaining provisions of this subtitle
and amendments to any person or circumstance shall not be
affected.
SEC. 5939. EFFECTIVE DATE.

(a) IN GENERAL.—Except as provided in subsection (b), this
subtitle shall take effect on the date of enactment of this Act.
(b) EXCEPTION.—Subsections (c)(1), (d), and (e) of section 5934
shall take effect on the date that is 120 days after the date of
enactment of this Act.

Subtitle E—Other Matters
SEC. 5941. SECRETARY OF AGRICULTURE REPORT ON IMPROVING
SUPPLY CHAIN SHORTFALLS AND INFRASTRUCTURE
NEEDS AT WHOLESALE PRODUCE MARKETS.

(a) IN GENERAL.—Not later than one year after the date of
the enactment of this Act, the Secretary of Agriculture shall submit
to the appropriate congressional committees a report on—
(1) the 5 largest wholesale produce markets by annual
sales and volume over the preceding 4 calendar years; and
(2) a representative sample of 8 wholesale produce markets
that are not among the largest wholesale produce markets.
(b) CONTENTS.—The report under subsection (a) shall contain
the following:
(1) An analysis of the supply chain shortfalls in each wholesale produce market identified under subsection (a), which shall
include an analysis of the following:
(A) State of repair of infrastructure, including roads,
food storage units, and refueling stations.
(B) Disaster preparedness, including with respect to
cyber attacks, weather events, and terrorist attacks.
(C) Disaster recovery systems, including coordination
with State and Federal agencies.
(2) A description of any actions the Secretary recommends
be taken as a result of the analysis under paragraph (1).
(3) Recommendations, as appropriate, for wholesale produce
market owners and operators, and State and local entities
to improve the supply chain shortfalls identified under paragraph (1).
(4) Proposals, as appropriate, for legislative actions and
funding needed to improve the supply chain shortfalls.
(c) CONSULTATION.—In completing the report under subsection
(a), the Secretary of Agriculture shall consult with the Secretary
of Transportation, the Secretary of Homeland Security, wholesale

H. R. 7776—1076
produce market owners and operators, State and local entities,
and other agencies or stakeholders, as determined appropriate by
the Secretary.
(d) APPROPRIATE CONGRESSIONAL COMMITTEES.—For the purposes of this section, the term ‘‘appropriate congressional committees’’ means the Committee on Agriculture, the Committee on
Homeland Security, and the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee
on Commerce, Science, and Technology, the Committee on Homeland Security and Governmental Affairs, and the Committee on
Agriculture, Nutrition, and Forestry of the Senate.
SEC. 5942. EXTENSION OF DEADLINE FOR TRANSFER OF PARCELS OF
LAND IN NEW MEXICO.

Section 3120 of the Ike Skelton National Defense Authorization
Act for Fiscal Year 2011 (42 U.S.C. 2391 note) is amended by
striking ‘‘2022’’ each place that it appears and inserting ‘‘2032’’.
SEC. 5943. ENDING GLOBAL WILDLIFE POACHING AND TRAFFICKING.

(a) SENSE OF CONGRESS.—It is the sense of Congress that—
(1) the United States Government should continue to work
with international partners, including nations, nongovernmental organizations, and the private sector, to identify longstanding and emerging areas of concern in wildlife poaching
and trafficking related to global supply and demand; and
(2) the activities and required reporting of the Presidential
Task Force on Wildlife Trafficking, as established by Executive
Order 13648 (78 Fed. Reg. 40621) and modified by sections
201 and 301 of the Eliminate, Neutralize, and Disrupt Wildlife
Trafficking Act of 2016 (16 U.S.C. 7621 and 7631), should
be reauthorized to minimize the disruption of the work of
such Task Force.
(b) DEFINITIONS.—Section 2 of the Eliminate, Neutralize, and
Disrupt Wildlife Trafficking Act of 2016 (16 U.S.C. 7601) is
amended—
(1) in paragraph (3), by inserting ‘‘involving local communities’’ after ‘‘approach to conservation’’;
(2) by amending paragraph (4) to read as follows:
‘‘(4) COUNTRY OF CONCERN.—The term ‘country of concern’
means a foreign country specially designated by the Secretary
of State pursuant to section 201(b) as a major source of wildlife
trafficking products or their derivatives, a major transit point
of wildlife trafficking products or their derivatives, or a major
consumer of wildlife trafficking products, in which—
‘‘(A) the government has actively engaged in, or knowingly profited from, the trafficking of protected species;
or
‘‘(B) the government facilitates such trafficking through
conduct that may include a persistent failure to make
serious and sustained efforts to prevent and prosecute such
trafficking.’’; and
(3) in paragraph (11), by striking ‘‘section 201’’ and
inserting ‘‘section 301’’.
(c) FRAMEWORK FOR INTERAGENCY RESPONSE AND REPORTING.—
(1) REAUTHORIZATION OF REPORT ON MAJOR WILDLIFE TRAFFICKING COUNTRIES.—Section 201 of the Eliminate, Neutralize,
and Disrupt Wildlife Trafficking Act of 2016 (16 U.S.C. 7621)
is amended—

H. R. 7776—1077
(A) in subsection (a), by striking ‘‘annually thereafter’’
and inserting ‘‘biennially thereafter by June 1 of each year
in which a report is required’’;
(B) in subsection (b), by striking ‘‘shall identify’’ and
all that follows through the end of the subsection and
inserting ‘‘shall also list each country determined by the
Secretary of State to be a country of concern within the
meaning of this Act’’; and
(C) by striking subsection (c) and inserting the following:
‘‘(c) PROCEDURE FOR REMOVING COUNTRIES FROM LIST.—
Concurrently with the first report required under this section and
submitted after the date of the enactment of this subsection, the
Secretary of State, in consultation with the Secretary of the Interior
and the Secretary of Commerce, shall publish in the Federal Register a procedure for removing from the list described in subsection
(b) any country that no longer meets the definition of country
of concern under section 2(4).
‘‘(d) SUNSET.—This section shall cease to have force or effect
on September 30, 2028.’’.
(2) PRESIDENTIAL TASK FORCE ON WILDLIFE TRAFFICKING
RESPONSIBILITIES.—Section 301(a) of the Eliminate, Neutralize,
and Disrupt Wildlife Trafficking Act of 2016 (16 U.S.C. 7631(a))
is amended—
(A) in paragraph (4), by striking ‘‘and’’ at the end;
(B) by redesignating paragraph (5) as paragraph (9);
and
(C) by inserting after paragraph (4) the following:
‘‘(5) pursue programs and develop a strategy—
‘‘(A) to expand the role of technology for anti-poaching
and anti-trafficking efforts, in partnership with the private
sector, foreign governments, academia, and nongovernmental organizations (including technology companies and
the transportation and logistics sectors); and
‘‘(B) to enable local governments to develop and use
such technologies;
‘‘(6) consider programs and initiatives that address the
expansion of the illegal wildlife trade to digital platforms,
including the use of digital currency and payment platforms
for transactions by collaborating with the private sector, academia, and nongovernmental organizations, including social
media, e-commerce, and search engine companies, as appropriate;
‘‘(7)(A) implement interventions to address the drivers of
poaching, trafficking, and demand for illegal wildlife and wildlife products in focus countries and countries of concern;
‘‘(B) set benchmarks for measuring the effectiveness of
such interventions; and
‘‘(C) consider alignment and coordination with indicators
developed by the Task Force;
‘‘(8) consider additional opportunities to increase coordination between law enforcement and financial institutions to identify trafficking activity; and’’.
(3) PRESIDENTIAL TASK FORCE ON WILDLIFE TRAFFICKING
STRATEGIC REVIEW.—Section 301 of the Eliminate, Neutralize,
and Disrupt Wildlife Trafficking Act of 2016 (16 U.S.C. 7631),
as amended by paragraph (2), is further amended—

H. R. 7776—1078
(A) in subsection (d)—
(i) in the matter preceding paragraph (1), by
striking ‘‘annually’’ and inserting ‘‘biennially’’;
(ii) in paragraph (4), by striking ‘‘and’’ at the end;
(iii) in paragraph (5), by striking the period at
the end and inserting ‘‘; and’’; and
(iv) by adding at the end the following:
‘‘(6) an analysis of the indicators developed by the Task
Force, and recommended by the Government Accountability
Office, to track and measure inputs, outputs, law enforcement
outcomes, and the market for wildlife products for each focus
country listed in the report, including baseline measures, as
appropriate, for each indicator in each focus country to determine the effectiveness and appropriateness of such indicators
to assess progress and whether additional or separate indicators, or adjustments to indicators, may be necessary for focus
countries.’’; and
(B) in subsection (e), by striking ‘‘5 years after’’ and
all that follows and inserting ‘‘on September 30, 2028’’.
SEC. 5944. COST-SHARING REQUIREMENTS APPLICABLE TO CERTAIN
BUREAU OF RECLAMATION DAMS AND DIKES.

Section 4309 of the America’s Water Infrastructure Act of 2018
(43 U.S.C. 377b note; Public Law 115–270) is amended—
(1) in the section heading, by inserting ‘‘DAMS AND’’ before
‘‘DIKES’’;
(2) in subsection (a), by striking ‘‘effective beginning on
the date of enactment of this section, the Federal share of
the operations and maintenance costs of a dike described in
subsection (b)’’ and inserting ‘‘effective during the one-year
period beginning on the date of the enactment of the James
M. Inhofe National Defense Authorization Act for Fiscal Year
2023, the Federal share of the dam safety modifications costs
of a dam or dike described in subsection (b), including repairing
or replacing a gate or ancillary gate components,’’; and
(3) in subsection (b)—
(A) in the subsection heading, by inserting ‘‘DAMS AND
’’ before ‘‘DIKES’’;
(B) in the matter preceding paragraph (1), by inserting
‘‘dam or’’ before ‘‘dike’’ each place it appears; and
(C) in paragraph (2), by striking ‘‘December 31, 1945’’
and inserting ‘‘December 31, 1948’’.
SEC. 5945. TRANSFER OF NATIONAL OCEANIC AND ATMOSPHERIC
ADMINISTRATION PROPERTY IN NORFOLK, VIRGINIA.

Section 1 of Public Law 110–393 is amended to read as follows:
‘‘SEC. 1. TRANSFER OF NATIONAL OCEANIC AND ATMOSPHERIC
ADMINISTRATION PROPERTY IN NORFOLK, VIRGINIA.

‘‘(a) IN GENERAL.—The Secretary shall convey all right, title,
and interest of the United States in and to the Norfolk Property
to the City, to be used by the City for the purposes of flood
management and control, such that—
‘‘(1) the property described in subsection (k)(3)(A) shall
be conveyed to the City not later than 90 days after the date
of the enactment of this section; and
‘‘(2) the property described in subsection (k)(3)(B) shall
be conveyed to the City not later than the earlier of—

H. R. 7776—1079
‘‘(A) the date on which the Secretary has transferred
all of the employees of the Administration from the facilities
at the Norfolk Property; or
‘‘(B) 8 years after the date of the enactment of this
section.
‘‘(b) CONSIDERATION.—
‘‘(1) IN GENERAL.—As consideration for the conveyance of
the Norfolk Property, the City shall pay to the United States
an amount equal to not less than the fair market value of
the Norfolk Property, as determined by the Secretary, based
on the appraisal described in subsection (g), which may consist
of cash payment, in-kind consideration as described in paragraph (3), or a combination thereof.
‘‘(2) SUFFICIENCY OF CONSIDERATION.—
‘‘(A) IN GENERAL.—Consideration paid to the Secretary
under paragraph (1) must be sufficient, as determined by
the Secretary, to provide replacement space for and relocation of any personnel, furniture, fixtures, equipment, and
personal property of any kind belonging to the Administration and located upon the Norfolk Property.
‘‘(B) COMPLETION PRIOR TO CONVEYANCE.—Any cash
consideration must be paid in full and any in-kind consideration must be complete, useable, and delivered to the satisfaction of the Secretary at or prior to the time of the
conveyance of the Norfolk Property.
‘‘(3) IN-KIND CONSIDERATION.—In-kind consideration paid
by the City under paragraph (1) may include the acquisition,
construction, provision, improvement, maintenance, repair, or
restoration (including environmental restoration), or combination thereof, of any facilities or infrastructure with proximity
to the Norfolk Property that the Secretary considers acceptable.
‘‘(4) TREATMENT OF CASH CONSIDERATION RECEIVED.—Any
cash consideration received by the United States under paragraph (1) shall be deposited in the special account in the
Treasury under subparagraph (A) of section 572(b)(5) of title
40, United States Code, and shall be available in accordance
with subparagraph (B)(ii) of such section.
‘‘(c) COSTS OF CONVEYANCE.—All reasonable and necessary
costs, including real estate transaction and environmental documentation costs, associated with the conveyance of the Norfolk
Property to the City under this section may be shared equitably
by the Secretary and the City, as determined by the Secretary,
including by the City providing in-kind contributions for any or
all of such costs.
‘‘(d) PROCEEDS.—Any proceeds from a conveyance of the Norfolk
Property under this section shall—
‘‘(1) be credited as discretionary offsetting collections to
the currently applicable appropriations accounts, or funds of
the Administration; or
‘‘(2) cover costs associated with the conveyance of the Norfolk Property and related relocation efforts, and shall be made
available for such purposes only to the extent and in the
amounts provided in advance in appropriations Acts.
‘‘(e) SURVEY.—The exact acreage and legal description of the
Norfolk Property shall be determined by a survey or surveys satisfactory to the Secretary.

H. R. 7776—1080
‘‘(f) CONDITION; QUITCLAIM DEED.—The Norfolk Property shall
be conveyed—
‘‘(1) in an ‘as is, where is’ condition; and
‘‘(2) via a quitclaim deed.
‘‘(g) FAIR MARKET VALUE.—
‘‘(1) IN GENERAL.—The fair market value of the Norfolk
Property shall be—
‘‘(A) determined by an appraisal that—
‘‘(i) is conducted by an independent appraiser
selected by the Secretary; and
‘‘(ii) meets the requirements of paragraph (2); and
‘‘(B) adjusted, at the discretion of the Secretary, based
on the factors described in paragraph (3).
‘‘(2) APPRAISAL REQUIREMENTS.—An appraisal conducted
under paragraph (1)(A) shall be conducted in accordance with
nationally recognized appraisal standards, including the Uniform Standards of Professional Appraisal Practice.
‘‘(3) FACTORS.—The factors described in this paragraph
are—
‘‘(A) matters of equity and fairness;
‘‘(B) actions taken by the City regarding the Norfolk
Property, including—
‘‘(i) comprehensive waterfront planning, site
development, and other redevelopment activities supported by the City in proximity to the Norfolk Property
in furtherance of the flood management and control
efforts of the City;
‘‘(ii) in-kind contributions made to facilitate and
support use of the Norfolk Property by governmental
agencies; and
‘‘(iii) maintenance expenses, capital improvements,
or emergency expenditures necessary to ensure public
safety and access to and from the Norfolk Property;
and
‘‘(C) such other factors as the Secretary determines
appropriate.
‘‘(h) COMPLIANCE WITH COMPREHENSIVE ENVIRONMENTAL
RESPONSE, COMPENSATION, AND LIABILITY ACT OF 1980.—In carrying out this section, the Secretary shall comply with section
120(h) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9620(h)).
‘‘(i) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may
require such additional terms and conditions in connection with
the conveyance of the Norfolk Property as the Secretary determines
appropriate to protect the interests of the United States.
‘‘(j) TERMINATION.—Notwithstanding any other provision of law,
the Secretary, acting through the Under Secretary and Administrator of the Administration, is authorized to enter into a land
lease with Mobile County, Alabama for a period of not less than
40 years, on such terms and conditions as the Administration
deems appropriate, for purposes of construction of a Gulf of Mexico
Disaster Response Center facility, provided that the lease is at
no cost to the government. The Administration may enter into
agreements with State, local, or county governments for purposes
of joint use, operations, and occupancy of such facility.
‘‘(k) DEFINITIONS.—In this section:

H. R. 7776—1081
‘‘(1) ADMINISTRATION.—The term ‘Administration’ means
the National Oceanic and Atmospheric Administration.
‘‘(2) CITY.—The term ‘City’ means the City of Norfolk, Virginia.
‘‘(3) NORFOLK PROPERTY.—The term ‘Norfolk Property’
means—
‘‘(A) the real property under the administrative jurisdiction of the Administration, including land and improvements thereon, located at 538 Front Street, Norfolk, Virginia, consisting of approximately 3.78 acres; and
‘‘(B) the real property under the administrative jurisdiction of the Administration, including land and improvements thereon, located at 439 W. York Street, Norfolk,
Virginia, consisting of approximately 2.5231 acres.
‘‘(4) SECRETARY.—The term ‘Secretary’ means the Secretary
of Commerce.’’.
SEC. 5946. OTHER MATTERS.

(a) BRENNAN REEF.—
(1) DESIGNATION.—The reef described in paragraph (2) shall
be known and designated as ‘‘Brennan Reef’’ in honor of the
late Rear Admiral Richard T. Brennan of the National Oceanic
and Atmospheric Administration.
(2) REEF DESCRIBED.—The reef referred to in paragraph
(1) is—
(A) between the San Miguel and Santa Rosa Islands
on the north side of the San Miguel Passage in the Channel
Island National Marine Sanctuary; and
(B) centered at 34 degrees, 03.12 minutes North and
120 degrees, 15.95 minutes West.
(3) REFERENCES.—Any reference in a law, map, regulation,
document, paper, or other record of the United States to the
reef described in paragraph (2) shall be deemed to be a reference
to Brennan Reef.
(b) PROHIBITION ON SALE OF SHARK FINS.—
(1) PROHIBITION.—Except as provided in paragraph (3),
no person shall possess, acquire, receive, transport, offer for
sale, sell, or purchase a shark fin or a product containing
a shark fin.
(2) PENALTY.—A violation of paragraph (1) shall be treated
as an act prohibited by section 307 of the Magnuson-Stevens
Fishery Conservation and Management Act (16 U.S.C. 1857)
and shall be penalized pursuant to section 308 of that Act
(16 U.S.C. 1858).
(3) EXCEPTIONS.—A person may possess a shark fin that
was taken lawfully pursuant to a Federal, State, or territorial
license or permit to take or land sharks if the shark fin was
separated after the first point of landing in a manner consistent
with the license or permit and is—
(A) destroyed or disposed of immediately upon separation from the carcass;
(B) used for noncommercial subsistence purposes in
accordance with Federal, State, or territorial law; or
(C) used solely for display or research purposes by
a museum, college, or university pursuant to a Federal,
State, or territorial permit to conduct noncommercial scientific research.

H. R. 7776—1082
(4) DOGFISH EXEMPTION.—
(A) IN GENERAL.—It shall not be a violation of paragraph (1) for a person to possess, acquire, receive, transport,
offer for sale, sell, or purchase a shark fin of a smooth
dogfish (Mustelus canis) or a spiny dogfish (Squalus
acanthias).
(B) REPORT.—
(i) IN GENERAL.—Not later than January 1, 2027,
the Secretary of Commerce shall review the exemption
provided by subparagraph (A) and submit to Congress
a report regarding such exemption that includes a
recommendation to continue or terminate the exemption.
(ii) FACTORS.—In carrying out clause (i), the Secretary of Commerce shall analyze factors including—
(I) the impact of continuation and termination
of the exemption on the economic viability of
dogfish fisheries;
(II) the impact of continuation and termination
of the exemption on ocean ecosystems;
(III) the impact of the exemption on the
enforcement of the prohibition described in paragraph (1); and
(IV) the impact of the exemption on shark
conservation.
(5) ENFORCEMENT.—This subsection, and any regulations
issued pursuant thereto, shall be enforced by the Secretary
of Commerce, who may use by agreement, with or without
reimbursement, the personnel, services, equipment, and facilities of another Federal agency or of a State agency or Indian
Tribe for the purpose of enforcing this subsection.
(6) RULE OF CONSTRUCTION.—Nothing in this subsection
may be construed to preclude, deny, or limit any right of
a State or territory to adopt or enforce any regulation or
standard that is more stringent than a regulation or standard
in effect under this subsection.
(7) SEVERABILITY.—If any provision of this subsection, or
the application thereof to any person or circumstance, is held
invalid, the validity of the remainder of the subsection and
of the application of any such provision to other persons and
circumstances shall not be affected thereby.
(8) SHARK FIN DEFINED.—In this subsection, the term
‘‘shark fin’’ means the unprocessed, dried, or otherwise processed detached fin or tail of a shark.
SEC. 5947. ENHANCING TRANSPARENCY ON INTERNATIONAL AGREEMENTS AND NON-BINDING INSTRUMENTS.

(a) SECTION 112B OF TITLE 1, UNITED STATES CODE.—
(1) IN GENERAL.—Section 112b of title 1, United States
Code, is amended to read as follows:
‘‘§ 112b. United States international agreements and nonbinding instruments; transparency provisions
‘‘(a)(1) Not less frequently than once each month, the Secretary
shall provide in writing to the Majority Leader of the Senate,
the Minority Leader of the Senate, the Speaker of the House of

H. R. 7776—1083
Representatives, the Minority Leader of the House of Representatives, and the appropriate congressional committees the following:
‘‘(A)(i) A list of all international agreements and qualifying
non-binding instruments signed, concluded, or otherwise finalized during the prior month.
‘‘(ii) The text of all international agreements and qualifying
non-binding instruments described in clause (i).
‘‘(iii) A detailed description of the legal authority that,
in the view of the Secretary, provides authorization for each
international agreement and that, in the view of the appropriate
department or agency, provides authorization for each qualifying non-binding instrument provided under clause (ii) to
become operative. If multiple authorities are relied upon in
relation to an international agreement, the Secretary shall
cite all such authorities, and if multiple authorities are relied
upon in relation to a qualifying non-binding instrument, the
appropriate department or agency shall cite all such authorities.
All citations to the Constitution of the United States, a treaty,
or a statute shall include the specific article or section and
subsection reference whenever available and, if not available,
shall be as specific as possible. If the authority relied upon
is or includes article II of the Constitution of the United States,
the Secretary or appropriate department or agency shall explain
the basis for that reliance.
‘‘(B)(i) A list of all international agreements that entered
into force and qualifying non-binding instruments that became
operative for the United States or an agency of the United
States during the prior month.
‘‘(ii) The text of all international agreements and qualifying
non-binding instruments described in clause (i) if such text
differs from the text of the agreement or instrument previously
provided pursuant to subparagraph (A)(ii).
‘‘(iii) A statement describing any new or amended statutory
or regulatory authority anticipated to be required to fully implement each proposed international agreement and qualifying
non-binding instrument included in the list described in clause
(i).
‘‘(2) The information and text required by paragraph (1) shall
be submitted in unclassified form, but may include a classified
annex.
‘‘(b)(1) Not later than 120 days after the date on which an
international agreement enters into force, the Secretary shall make
the text of the agreement, and the information described in subparagraphs (A)(iii) and (B)(iii) of subsection (a)(1) relating to the agreement, available to the public on the website of the Department
of State.
‘‘(2) Not less frequently than once every 120 days, the Secretary
shall make the text of each qualifying non-binding instrument
that became operative during the preceding 120 days, and the
information described in subparagraphs (A)(iii) and (B)(iii) of subsection (a)(1) relating to each such instrument, available to the
public on the website of the Department of State.
‘‘(3) The requirements under paragraphs (1) and (2) shall not
apply to the following categories of international agreements or
qualifying non-binding instruments, or to information described
in subparagraphs (A)(iii) and (B)(iii) of subsection (a)(1) relating
to such agreements or qualifying non-binding instruments:

H. R. 7776—1084
‘‘(A) International agreements and qualifying non-binding
instruments that contain information that has been given a
national security classification pursuant to Executive Order
13526 (50 U.S.C. 3161 note; relating to classified national security information) or any predecessor or successor order, or that
contain any information that is otherwise exempt from public
disclosure pursuant to United States law.
‘‘(B) International agreements and qualifying non-binding
instruments that address military operations, military exercises, acquisition and cross servicing, logistics support, military
personnel exchange or education programs, or the provision
of health care to military personnel on a reciprocal basis.
‘‘(C) International agreements and qualifying non-binding
instruments that establish the terms of grant or other similar
assistance, including in-kind assistance, financed with foreign
assistance funds pursuant to the Foreign Assistance Act of
1961 (22 U.S.C. 2151 et seq.) or the Food for Peace Act (7
U.S.C. 1691 et seq.).
‘‘(D) International agreements and qualifying non-binding
instruments, such as project annexes and other similar
instruments, for which the principal function is to establish
technical details for the implementation of a specific project
undertaken pursuant to another agreement or qualifying nonbinding instrument that has been published in accordance with
paragraph (1) or (2).
‘‘(E) International agreements and qualifying non-binding
instruments that have been separately published by a depositary or other similar administrative body, except that the Secretary shall make the information described in subparagraphs
(A)(iii) and (B)(iii) of subsection (a)(1), relating to such agreements or qualifying non-binding instruments, available to the
public on the website of the Department of State within the
timeframes required by paragraph (1) or (2).
‘‘(c) For any international agreement or qualifying non-binding
instrument for which an implementing agreement or arrangement,
or any document of similar purpose or function to the aforementioned regardless of the title of the document, is not otherwise
required to be submitted 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 under subparagraphs (A)(ii) or (B)(ii) of subsection (a)(1), not later than 30 days
after the date on which the Secretary receives a written communication from the Chair or Ranking Member of either of the appropriate
congressional committees requesting the text of any such implementing agreements or arrangements, whether binding or nonbinding, the Secretary shall submit such implementing agreements
or arrangements 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.
‘‘(d) Any department or agency of the United States Government
that enters into any international agreement or qualifying nonbinding instrument on behalf of itself or the United States shall—
‘‘(1) provide to the Secretary the text of each international
agreement not later than 15 days after the date on which
such agreement is signed or otherwise concluded;

H. R. 7776—1085
‘‘(2) provide to the Secretary the text of each qualifying
non-binding instrument not later than 15 days after the date
on which such instrument is concluded or otherwise becomes
finalized;
‘‘(3) provide to the Secretary a detailed description of the
legal authority that provides authorization for each qualifying
non-binding instrument to become operative not later than
15 days after such instrument is signed or otherwise becomes
finalized; and
‘‘(4) on an ongoing basis, provide any implementing material to the Secretary for transmittal 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 as needed to satisfy the requirements described
in subsection (c).
‘‘(e)(1) Each department or agency of the United States Government that enters into any international agreement or qualifying
non-binding instrument on behalf of itself or the United States
shall designate a Chief International Agreements Officer, who
shall—
‘‘(A) be selected from among employees of such department
or agency;
‘‘(B) serve concurrently as the Chief International Agreements Officer; and
‘‘(C) subject to the authority of the head of such department
or agency, have department- or agency-wide responsibility for
efficient and appropriate compliance with this section.
‘‘(2) There shall be a Chief International Agreements Officer
who serves at the Department of State with the title of International
Agreements Compliance Officer.
‘‘(f) The substance of oral international agreements shall be
reduced to writing for the purpose of meeting the requirements
of subsections (a) and (b).
‘‘(g) Notwithstanding any other provision of law, an international agreement may not be signed or otherwise concluded on
behalf of the United States without prior consultation with the
Secretary. Such consultation may encompass a class of agreements
rather than a particular agreement.
‘‘(h)(1) Not later than 3 years after the date of the enactment
of this section, and not less frequently than once every 3 years
thereafter during the 9-year period beginning on the date of the
enactment of this section, the Comptroller General of the United
States shall conduct an audit of the compliance of the Secretary
with the requirements of this section.
‘‘(2) In any instance in which a failure by the Secretary to
comply with such requirements is determined by the Comptroller
General to have been due to the failure or refusal of another
agency to provide information or material to the Department of
State, or the failure to do so in a timely manner, the Comptroller
General shall engage such other agency to determine—
‘‘(A) the cause and scope of such failure or refusal;
‘‘(B) the specific office or offices responsible for such failure
or refusal; and
‘‘(C) recommendations for measures to ensure compliance
with statutory requirements.

H. R. 7776—1086
‘‘(3) The Comptroller General shall submit 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 in writing the results of each audit required by paragraph (1).
‘‘(4) The Comptroller General and the Secretary shall make
the results of each audit required by paragraph (1) publicly available
on the websites of the Government Accountability Office and the
Department of State, respectively.
‘‘(i) The President shall, through the Secretary, promulgate
such rules and regulations as may be necessary to carry out this
section.
‘‘(j) It is the sense of Congress that the executive branch should
not prescribe or otherwise commit to or include specific legislative
text in a treaty, executive agreement, or non-binding instrument
unless Congress has authorized such action.
‘‘(k) In this section:
‘‘(1) The term ‘appropriate congressional committees’
means—
‘‘(A) the Committee on Foreign Relations of the Senate;
and
‘‘(B) the Committee on Foreign Affairs of the House
of Representatives.
‘‘(2) The term ‘appropriate department or agency’ means
the department or agency of the United States Government
that negotiates and enters into a qualifying non-binding
instrument on behalf of itself or the United States.
‘‘(3) The term ‘intelligence community’ has the meaning
given that term in section 3(4) of the National Security Act
of 1947 (50 U.S.C. 3003(4)).
‘‘(4) The term ‘international agreement’ includes—
‘‘(A) any treaty that requires the advice and consent
of the Senate, pursuant to article II of the Constitution
of the United States; and
‘‘(B) any other international agreement to which the
United States is a party and that is not subject to the
advice and consent of the Senate.
‘‘(5) The term ‘qualifying non-binding instrument’—
‘‘(A) except as provided in subparagraph (B), means
a non-binding instrument that—
‘‘(i) is or will be under negotiation, is signed or
otherwise becomes operative, or is implemented with
one or more foreign governments, international
organizations, or foreign entities, including non-state
actors; and
‘‘(ii)(I) could reasonably be expected to have a
significant impact on the foreign policy of the United
States; or
‘‘(II) is the subject of a written communication
from the Chair or Ranking Member of either of the
appropriate congressional committees to the Secretary;
and
‘‘(B) does not include any non-binding instrument that
is signed or otherwise becomes operative or is implemented
pursuant to the authorities relied upon by the Department

H. R. 7776—1087
of Defense, the Armed Forces of the United States, or
any element of the intelligence community.
‘‘(6) The term ‘Secretary’ means the Secretary of State.
‘‘(7)(A) The term ‘text’ with respect to an international
agreement or qualifying non-binding instrument includes—
‘‘(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 international agreement or qualifying
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 international agreement or qualifying non-binding
instrument.
‘‘(B) 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.
‘‘(l) Nothing in this section may be construed—
‘‘(1) to authorize the withholding from disclosure to the
public of any record if such disclosure is required by law;
or
‘‘(2) to require the provision of any implementing agreement
or arrangement, or any document of similar purpose or function
regardless of its title, which was entered into by the Department of Defense, the Armed Forces of the United States, or
any element of the intelligence community or any implementing
material originating with the aforementioned agencies, if such
implementing agreement, arrangement, document, or material
was not required to be provided 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, or the appropriate congressional
committees prior to the date of the enactment of the James
M. Inhofe National Defense Authorization Act for Fiscal Year
2023.’’.
(2) CLERICAL AMENDMENT.—The table of sections at the
beginning of chapter 2 of title 1, United States Code, is amended
by striking the item relating to section 112b and inserting
the following:
‘‘112b. United States international agreements and non-binding instruments; transparency provisions.’’.

(3) TECHNICAL AND CONFORMING AMENDMENT RELATING TO
AUTHORITIES OF THE SECRETARY OF STATE.—Section 317(h)(2)
of the Homeland Security Act of 2002 (6 U.S.C. 195c(h)(2))
is amended by striking ‘‘Section 112b(c)’’ and inserting ‘‘Section
112b(g)’’.
(4) MECHANISM FOR REPORTING.—Not later than 270 days
after the date of the enactment of this Act, the Secretary
of State shall establish a mechanism for personnel of the
Department of State who become aware or who have reason
to believe that the requirements under section 112b of title
1, United States Code, as amended by paragraph (1), have

H. R. 7776—1088
not been fulfilled with respect to an international agreement
or qualifying non-binding instrument (as such terms are defined
in such section) to report such instances to the Secretary.
(5) RULES AND REGULATIONS.—Not later than 180 days
after the date of the enactment of this Act, the President,
through the Secretary of State, shall promulgate such rules
and regulations as may be necessary to carry out section 112b
of title 1, United States Code, as amended by paragraph (1).
(6) CONSULTATION AND BRIEFING REQUIREMENT.—
(A) CONSULTATION.—The Secretary of State shall consult with the Committee on Foreign Relations of the Senate
and the Committee on Foreign Affairs of the House of
Representatives on matters related to the implementation
of this section and the amendments made by this section
before and after the effective date described in subsection
(c).
(B) BRIEFING.—Not later than 90 days after the date
of the enactment of this Act, and once every 90 days
thereafter for 1 year, the Secretary shall brief the Committee on Foreign Relations of the Senate, the Committee
on Appropriations of the Senate, the Committee on Foreign
Affairs of the House of Representatives, and the Committee
on Appropriations of the House of Representatives
regarding the status of efforts to implement this section
and the amendments made by this section.
(7) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to the Department of State $1,000,000
for each of the fiscal years 2023 through 2027 for purposes
of implementing the requirements of section 112b of title 1,
United States Code, as amended by paragraph (1).
(b) SECTION 112A OF TITLE 1, UNITED STATES CODE.—Section
112a of title 1, United States Code, is amended—
(1) by striking subsections (b), (c), and (d); and
(2) by inserting after subsection (a) the following:
‘‘(b) Copies of international agreements and qualifying nonbinding instruments in the possession of the Department of State,
but not published, other than the agreements described in section
112b(b)(3)(A), shall be made available by the Department of State
upon request.’’.
(c) EFFECTIVE DATE OF AMENDMENTS.—The amendments made
by this section shall take effect on the date that is 270 days
after the date of the enactment of this Act.
SEC. 5948. UKRAINE INVASION WAR CRIMES DETERRENCE AND
ACCOUNTABILITY ACT.

(a) SHORT TITLE.—This section may be cited as the ‘‘Ukraine
Invasion War Crimes Deterrence and Accountability Act’’.
(b) SENSE OF CONGRESS.—It is the sense of Congress that—
(1) in its premeditated, unprovoked, unjustified, and unlawful full-scale invasion of Ukraine that commenced on February
24, 2022, the military of the Government of the Russian Federation under the direction of President Vladimir Putin has committed war crimes that include but are not limited to—
(A) the deliberate targeting of civilians and injuring
or killing of noncombatants;

H. R. 7776—1089
(B) the deliberate targeting and attacking of hospitals,
schools, and other non-military buildings dedicated to religion, art, science, or charitable purposes, such as the
bombing of a theater in Mariupol that served as a shelter
for noncombatants and had the word ‘‘children’’ written
clearly in the Russian language outside;
(C) the indiscriminate bombardment of undefended
dwellings and buildings;
(D) the wanton destruction of property not justified
by military necessity;
(E) unlawful civilian deportations;
(F) the taking of hostages; and
(G) rape, or sexual assault or abuse;
(2) the use of chemical weapons by the Government of
the Russian Federation in Ukraine would constitute a war
crime, and engaging in any military preparations to use chemical weapons or to develop, produce, stockpile, or retain chemical weapons is prohibited by the Chemical Weapons Convention, to which the Russian Federation is a signatory;
(3) Vladimir Putin has a long record of committing acts
of aggression, systematic abuses of human rights, and acts
that constitute war crimes or other atrocities both at home
and abroad, and the brutality and scale of these actions,
including in the Russian Federation republic of Chechnya,
Georgia, Syria, and Ukraine, demonstrate the extent to which
his regime is willing to flout international norms and values
in the pursuit of its objectives;
(4) Vladimir Putin has previously sanctioned the use of
chemical weapons at home and abroad, including in the
poisonings of Russian spy turned double agent Sergei Skripal
and his daughter Yulia and leading Russian opposition figure
Aleksey Navalny, and aided and abetted the use of chemical
weapons by President Bashar al-Assad in Syria; and
(5) in 2014, the Government of the Russian Federation
initiated its unprovoked war of aggression against Ukraine
which resulted in its illegal occupation of Crimea, the unrecognized declaration of independence by the so-called ‘‘Donetsk
People’s Republic’’ and ‘‘Luhansk People’s Republic’’ by Russiabacked proxies, and numerous human rights violations and
deaths of civilians in Ukraine.
(c) STATEMENT OF POLICY.—It is the policy of the United
States—
(1) to collect, analyze, and preserve evidence and information related to war crimes and other atrocities committed during
the full-scale Russian invasion of Ukraine that began on February 24, 2022, for use in appropriate domestic, foreign, and
international courts and tribunals prosecuting those responsible
for such crimes consistent with applicable law, including with
the American Service Members’ Protection Act of 2002 (22
U.S.C. 7421 et seq.);
(2) to help deter the commission of war crimes and other
atrocities in Ukraine by publicizing to the maximum possible
extent, including among Russian and other foreign military
commanders and troops in Ukraine, efforts to identify and
prosecute those responsible for the commission of war crimes
during the full-scale Russian invasion of Ukraine that began
on February 24, 2022; and

H. R. 7776—1090
(3) to continue efforts to identify, deter, and pursue accountability for war crimes and other atrocities committed around
the world and by other perpetrators, and to leverage international cooperation and best practices in this regard with
respect to the current situation in Ukraine.
(d) REPORT ON UNITED STATES EFFORTS.—Not later than 90
days after the date of the enactment of this Act, and consistent
with the protection of intelligence sources and methods, the President shall submit to the appropriate congressional committees a
report, which may include a classified annex, describing in detail
the following:
(1) United States Government efforts to collect, analyze,
and preserve evidence and information related to war crimes
and other atrocities committed during the full-scale Russian
invasion of Ukraine since February 24, 2022, including a
description of—
(A) the respective roles of various agencies, departments, and offices, and the interagency mechanism established for the coordination of such efforts;
(B) the types of information and evidence that are
being collected, analyzed, and preserved to help identify
those responsible for the commission of war crimes or other
atrocities during the full-scale Russian invasion of Ukraine
in 2022; and
(C) steps taken to coordinate with, and support the
work of, allies, partners, international institutions and
organizations, and nongovernmental organizations in such
efforts.
(2) Media, public diplomacy, and information operations
to make Russian military commanders, troops, political leaders
and the Russian people aware of efforts to identify and prosecute those responsible for the commission of war crimes or
other atrocities during the full-scale Russian invasion of
Ukraine in 2022, and of the types of acts that may be prosecutable.
(3) The process for a domestic, foreign, or international
court or tribunal to request and obtain from the United States
Government information related to war crimes or other atrocities committed during the full-scale Russian invasion of
Ukraine in 2022.
(e) DEFINITIONS.—In this section:
(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term
‘‘appropriate congressional committees’’ means—
(A) the Committee on Foreign Affairs, the Committee
on the Judiciary, the Committee on Armed Services, and
the Permanent Select Committee on Intelligence of the
House of Representatives; and
(B) the Committee on Foreign Relations, the Committee on the Judiciary, the Committee on Armed Services,
and the Select Committee on Intelligence of the Senate.
(2) ATROCITIES.—The term ‘‘atrocities’’ has the meaning
given that term in section 6(2) of the Elie Wiesel Genocide
and Atrocities Prevention Act of 2018 (Public Law 115–441;
22 U.S.C. 2656 note).
(3) WAR CRIME.—The term ‘‘war crime’’ has the meaning
given that term in section 2441(c) of title 18, United States
Code.

H. R. 7776—1091
SEC. 5949. PROHIBITION ON CERTAIN SEMICONDUCTOR PRODUCTS
AND SERVICES.

(a) PROHIBITION ON USE OR PROCUREMENT.—
(1) IN GENERAL.—The head of an executive agency may
not—
(A) procure or obtain, or extend or renew a contract
to procure or obtain, any electronic parts, products, or
services that include covered semiconductor products or
services; or
(B) enter into a contract (or extend or renew a contract)
with an entity to procure or obtain electronic parts or
products that use any electronic parts or products that
include covered semiconductor products or services.
(2) RULE OF CONSTRUCTION.—
(A) IN GENERAL.—Nothing in paragraph (1) shall be
construed—
(i) to require any covered semiconductor products
or services resident in equipment, systems, or services
as of the day before the applicable effective date specified in subsection (c) to be removed or replaced;
(ii) to prohibit or limit the utilization of such covered semiconductor products or services throughout
the lifecycle of such existing equipment;
(iii) to require the recipient of a Federal contract,
grant, loan, or loan guarantee to replace covered semiconductor products or services resident in equipment,
systems, or services before the effective date specified
in subsection (c); or
(iv) to require the Federal Communications
Commission to designate covered semiconductor products or services to its Covered Communications Equipment or Services List maintained under section 2 of
the Secured and Trusted Communications Networks
Act of 2019 (47 U.S.C. 1603).
(B) CONTRACTING PROHIBITION.—Nothing in paragraph
(1)(B) shall be construed to cover products or services that
include covered semiconductor products or services in a
system that is not a critical system.
(b) WAIVER AUTHORITY.—
(1) SECRETARY OF DEFENSE.—The Secretary of Defense may
provide a waiver on a date later than the effective date
described in subsection (c) if the Secretary determines the
waiver is in the critical national security interests of the United
States.
(2) DIRECTOR OF NATIONAL INTELLIGENCE.—The Director
of National Intelligence may provide a waiver on a date later
than the effective date described in subsection (c) if the Director
determines the waiver is in the critical national security
interests of the United States.
(3) SECRETARY OF COMMERCE.—The Secretary of Commerce,
in consultation with the Director of National Intelligence or
the Secretary of Defense, may provide a waiver on a date
later than the effective date described in subsection (c) if the
Secretary determines the waiver is in the critical national
security interests of the United States.
(4) SECRETARY OF HOMELAND SECURITY.—The Secretary of
Homeland Security, in consultation with the Director of

H. R. 7776—1092
National Intelligence or the Secretary of Defense, may provide
a waiver on a date later than the effective date described
in subsection (c) if the Secretary determines the waiver is
in the critical national security interests of the United States.
(5) SECRETARY OF ENERGY.—The Secretary of Energy, in
consultation with the Director of National Intelligence or the
Secretary of Defense, may provide a waiver on a date later
than the effective date described in subsection (c) if the Secretary determines the waiver is in the critical national security
interests of the United States.
(6) EXECUTIVE AGENCIES.—The head of an executive agency
may waive, for a renewable period of not more than two years
per waiver, the prohibitions under subsection (a) if—
(A) the head of the agency, in consultation with the
Secretary of Commerce, determines that no compliant
product or service is available to be procured as, and when,
needed at United States market prices or a price that
is not considered prohibitively expensive; and
(B) the head of the agency, in consultation with the
Secretary of Defense or the Director of National Intelligence, determines that such waiver could not reasonably
be expected to compromise the critical national security
interests of the United States.
(7) REPORT TO CONGRESS.—Not later than 30 days after
granting a waiver under this subsection, the head of the executive agency granting such waiver shall submit to the appropriate committees of Congress and leadership a report with
a notification of such waiver, including a justification for the
waiver.
(c) EFFECTIVE DATES AND REGULATIONS.—
(1) EFFECTIVE DATE.—The prohibitions under subsection
(a) shall take effect five years after the date of the enactment
of this Act.
(2) REGULATIONS.—Not later than three years after the
date of the enactment of this Act, the Federal Acquisition
Regulatory Council shall prescribe regulations implementing
the prohibitions under subsection (a), including a requirement
for prime contractors to incorporate the substance of such
prohibitions and applicable implementing contract clauses into
contracts for the supply of electronic parts or products.
(d) OFFICE OF MANAGEMENT AND BUDGET REPORT AND
BRIEFING.—Not later than 270 days after the effective date
described in subsection (c)(1), the Director of the Office of Management and Budget, in coordination with the Director of National
Intelligence and the National Cyber Director, shall provide to the
appropriate committees of Congress and leadership a report and
briefing on—
(1) the implementation of the prohibitions under subsection
(a), including any challenges in the implementation; and
(2) the effectiveness and utility of the waiver authority
under subsection (b).
(e) ANALYSIS, ASSESSMENT, AND STRATEGY.—Not later than 180
days after the date of the enactment of this Act, the Secretary
of Commerce, in coordination with the Secretary of Defense, the
Secretary of Homeland Security, the Director of National Intelligence, and the Secretary of Energy and, to the greatest extent

H. R. 7776—1093
practicable, leveraging relevant previous analyses and assessments,
shall—
(1) conduct an analysis of semiconductor design and production capacity domestically and by allied or partner countries
required to meet the needs of the Federal Government,
including analyses regarding—
(A) semiconductors critical to national security, as
determined by the Secretary of Commerce, in consultation
with the Secretary of Defense and the Director of National
Intelligence, in accordance with section 9902(a)(6)(A)(i) of
the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116–
283); and
(B) semiconductors classified as legacy semiconductors
pursuant to section 9902(a)(6)(A)(i) of William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal
Year 2021 (Public Law 116–283);
(2) assess the risk posed by the presence of covered semiconductor products or services in Federal systems;
(3) assess the risk posed by the presence of covered semiconductor products or services in the supply chains of Federal
contractors and subcontractors, including for non-Federal systems;
(4) develop a strategy to—
(A) improve the availability of domestic semiconductor
design and production capacity required to meet the
requirements of the Federal Government;
(B) support semiconductor product and service suppliers seeking to contract with domestic, allied, or partner
semiconductor producers and to improve supply chain
traceability, including to meet the prohibitions under subsection (a); and
(C) either certify the feasibility of implementing such
prohibitions or exercising waiver authorities under subsection (b), to ensure uninterrupted Federal Government
access to required semiconductor products and services;
and
(5) provide the results of the analysis, assessment, and
strategy developed under paragraphs (1) through (4) to the
Federal Acquisition Security Council.
(f) GOVERNMENTWIDE TRACEABILITY AND DIVERSIFICATION INITIATIVE.—
(1) IN GENERAL.—Not later than two years after the date
of the enactment of this Act, the Secretary of Commerce, in
coordination with the Secretary of Homeland Security, the Secretary of Defense, the Director of National Intelligence, the
Director of the Office of Management and Budget, and the
Director of the Office of Science and Technology Policy, and
in consultation with industry, shall establish a microelectronics
traceability and diversification initiative to coordinate analysis
of and response to the Federal Government microelectronics
supply chain vulnerabilities.
(2) ELEMENTS.—The initiative established under paragraph
(1) shall include the following elements:
(A) Sharing best practices, refining microelectronics
standards, such as those established pursuant to section
224 of the National Defense Authorization Act for Fiscal

H. R. 7776—1094
Year 2020 (Public Law 116–92), and developing recommendations to identify and mitigate, through diversification efforts, microelectronics supply chain concerns.
(B) Developing an assessment framework to inform
Federal decisions on sourcing microelectronics, considering—
(i) chain of custody and traceability, including
origin and location of design, manufacturing, distribution, shipping, and quantities;
(ii)
confidentiality,
including
protection,
verification, and validation of intellectual property
included in microelectronics;
(iii) integrity, including—
(I) security weaknesses and vulnerabilities
that include potential supply chain attacks;
(II) risk analysis and consequence to system;
(III) risk of intentional or unintentional modification or tampering; and
(IV) risk of insider threats, including integrity
of people and processes involved in the design
and manufacturing of microelectronics; and
(iv) availability, including—
(I) potential supply chain disruptions,
including due to natural disasters or geopolitical
events;
(II) prioritization of parts designed and manufactured in the United States and in allied or
partner countries to support and sustain the
defense and technology industrial base;
(III) risk associated with sourcing parts from
suppliers outside of the United States and allied
and partner countries, including long-term impacts
on availability of microelectronics produced domestically or in allied or partner countries; and
(IV) obsolescence management and counterfeit
avoidance and detection.
(C) Developing a process for provenance and
traceability from design to disposal of microelectronics
components and intellectual property contained therein
implementable across the Federal acquisition system to
improve reporting, data analysis, and tracking.
(D) Developing and implementing policies and plans
to support the following:
(i) Development of domestic design and manufacturing capabilities to replace covered semiconductor
products or services.
(ii) Utilization of the assessment framework developed under subparagraph (B).
(iii) Implementation of the strategy required under
subsection (e)(4) as applicable.
(iv) Identification of and integration with existing
information reporting and data visualization systems
in the Federal Government, including modification to
such systems to track the information.
(v) A requirement to document microelectronics
used in systems and subsystems, including origin and

H. R. 7776—1095
location of design and manufacturing, technologies
used, and quantities procured.
(vi) Elimination from Federal Government supply
chains of microelectronics from entities included on
the Consolidated Screening List maintained by the
International Trade Administration of the Department
of Commerce.
(3) COORDINATION REQUIRED.—In carrying out this subsection, the Secretary of Commerce shall coordinate, as necessary, with the following entities:
(A) The National Science and Technology Council Subcommittee on Microelectronics Leadership.
(B) The Department of Commerce semiconductor industrial advisory committee established under subsection
9906(b) of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (Public
Law 116–283).
(C) The White House Coordinator for CHIPS
Implementation.
(D) The Federal Acquisition Security Council (FASC).
(E) The Government-Industry Working Group on
Microelectronics.
(F) The Joint Defense Manufacturing Technology Panel
(JDMTP).
(G) Standards development organizations.
(g) FEDERAL ACQUISITION SECURITY COUNCIL.—Not later than
two years after the date of the enactment of this Act, the Federal
Acquisition Security Council, in consultation with the Secretary
of Commerce, the Secretary of Defense, the Secretary of Homeland
Security, the Director of National Intelligence, and the Secretary
of Energy, and after engagement with the private sector and other
nongovernmental stakeholders in accordance with section 1323 of
title 41, United States Code, shall—
(1) issue recommendations to mitigate supply chain risks
relevant to Federal Government acquisition of semiconductor
products and services, considering—
(A) the analysis, assessment, and strategy developed
under subsection (e) and any related updates;
(B) the standards provided under section 224 of the
National Defense Authorization Act for Fiscal Year 2020
(Public Law 116–92), including any tiers of trust, levels
of security, or risk-based approaches established under
such section;
(C) the extent to which such recommendations would
enhance the security of critical systems;
(D) the extent to which such recommendations would
impact Federal access to commercial technologies; and
(E) any risks to the Federal Government from contracting with microelectronics suppliers that include covered semiconductor products or services in non-Federal
supply chains; and
(2) make recommendations to the Federal Acquisition Regulatory Council and the heads of executive agencies for any
needed regulations to mitigate supply chain risks.
(h) APPLICABILITY AND RESPONSIBILITIES OF COVERED ENTITIES
AND CONTRACTORS.—The regulations prescribed pursuant to subsection (c)(2) shall—

H. R. 7776—1096
(1) provide that contractors who supply a Federal agency
with electronic parts or products are responsible for—
(A) certifying to the non-use of covered semiconductor
products or services in such parts or products;
(B) detecting and avoiding the use or inclusion of such
covered semiconductor products or services in such parts
or products; and
(C) any rework or corrective action that may be
required to remedy the use or inclusion of such covered
semiconductor products or services in such parts or products;
(2) require covered entities to disclose to direct customers
the inclusion of a covered semiconductor product or service
in electronic parts, products, or services included in electronic
parts, products, or services subject to the contracting prohibition
under subsection (a) as to whether such supplied parts, products, or services include covered semiconductors products or
services;
(3) provide that a covered entity that fails to disclose the
inclusion to direct customers of a covered semiconductor product
or service in electronic parts, products, or services procured
or obtained by an executive agency in contravention of subsection (a) shall be responsible for any rework or corrective
action that may be required to remedy the use or inclusion
of such covered semiconductor product or service;
(4) provide that the costs of covered semiconductor products
or services, suspect semiconductor products, and any rework
or corrective action that may be required to remedy the use
or inclusion of such products are not allowable costs for Federal
contracts;
(5) provide that—
(A) any covered entity or Federal contractor or subcontractor who becomes aware, or has reason to suspect, that
any end item, component, or part of a critical system purchased by the Federal Government, or purchased by a
Federal contractor or subcontractor for delivery to the Federal Government for any critical system, that contains covered semiconductor products or services shall notify appropriate Federal authorities in writing within 60 days; and
(B) the Federal authorities shall report such information to the appropriate committees of Congress and leadership within 120 days;
(6) provide that Federal bidders and contractors—
(A) may reasonably rely on the certifications of compliance from covered entities and subcontractors who supply
electronic parts, products, or services when providing proposals to the Federal Government; and
(B) are not required to conduct independent third party
audits or other formal reviews related to such certifications;
(7) provide that a Federal contractor or subcontractor that
provides a notification under paragraph (5) that does not regard
electronic parts or products manufactured or assembled by
such Federal contractor or subcontractor shall not be subject
to civil liability nor determined to not be a presently responsible
contractor on the basis of such notification; and

H. R. 7776—1097
(8) provide that a Federal contractor or subcontractor that
provides a notification under paragraph (5) that regards electronic parts or products manufactured or assembled by such
Federal contractor or subcontractor shall not be subject to
civil liability nor determined to not be a presently responsible
contractor on the basis of such notification if the Federal contractor or subcontractor makes a comprehensive and documentable effort to identify and remove covered semiconductor products or services from the Federal supply.
(i) REPORTS.—
(1) SECRETARY OF COMMERCE.—Not later than 60 days
after completing the assessment required under subsection (e),
the Secretary of Commerce shall submit to the appropriate
committees of Congress and leadership—
(A) a report of the findings and recommendations of
the analyses, assessment, and strategy developed under
such subsection; and
(B) a report on development of the microelectronics
traceability and diversification initiative under subsection
(f)(1).
(2) FEDERAL ACQUISITION SECURITY COUNCIL.—Not later
than one year after the date of the enactment of this Act,
and annually thereafter for ten years, the Federal Acquisition
Security Council shall include in the annual report submitted
under section 1325 of title 41, United States Code, a description
of—
(A) the development of recommendations under subsection (g), including the considerations described in paragraph (1) of such subsection; and
(B) as applicable, the impact of any recommendations
or regulations implemented.
(j) DEFINITIONS.—In this section:
(1) APPROPRIATE COMMITTEES OF CONGRESS AND LEADERSHIP.—The term ‘‘appropriate committees of Congress and
leadership’’ means—
(A) the Committee on Armed Services, the Committee
on Commerce, Science, and Transportation, the Committee
on Homeland Security and Governmental Affairs, the Committee on Energy and Natural Resources, the Committee
on Foreign Relations, the Committee on Banking, Housing,
and Urban Affairs, the Select Committee on Intelligence,
and the majority and minority leaders of the Senate; and
(B) the Committee on Armed Services, the Committee
on Energy and Commerce, the Committee on Science,
Space, and Technology, the Committee on Oversight and
Reform, the Committee on Foreign Affairs, the Committee
on Homeland Security, the Permanent Select Committee
on Intelligence, and the Speaker, the majority leader, and
the minority leader of the of the House of Representatives.
(2) COVERED ENTITY.—The term ‘‘covered entity’’ means
an entity that—
(A) develops, domestically or abroad, a design of a
semiconductor that is the direct product of United States
origin technology or software; and
(B) purchases covered semiconductor products or services from an entity described in subparagraph (A) or (C)
of paragraph (3).

H. R. 7776—1098
(3) COVERED SEMICONDUCTOR PRODUCT OR SERVICES.—The
term ‘‘covered semiconductor product or services’’ means any
of the following:
(A) A semiconductor, a semiconductor product, a
product that incorporates a semiconductor product, or a
service that utilizes such a product, that is designed, produced or provided by, Semiconductor Manufacturing International Corporation (SMIC) (or any subsidiary, affiliate,
or successor of such entity).
(B) A semiconductor, a semiconductor product, a
product that incorporates a semiconductor product, or a
service that utilizes such a product, that is designed, produced, or provided by ChangXin Memory Technologies
(CXMT) or Yangtze Memory Technologies Corp (YMTC)
(or any subsidiary, affiliate, or successor of such entities).
(C) A semiconductor, semiconductor product, or semiconductor service produced or provided by an entity that
the Secretary of Defense or the Secretary of Commerce,
in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, determines to be an entity owned or controlled by,
or otherwise connected to, the government of a foreign
country of concern, provided that the determination with
respect to such entity is published in the Federal Register.
(4) CRITICAL SYSTEM.—The term ‘‘critical system’’—
(A) has the meaning given the term ‘‘national security
system’’ in section 11103(a)(1) of title 40, United States
Code;
(B) shall include additional systems identified by the
Federal Acquisition Security Council;
(C) shall include additional systems identified by the
Department of Defense, consistent with guidance provided
under section 224 of the National Defense Authorization
Act for Fiscal Year 2020 (Public Law 116–92); and
(D) shall not include a system to be used for routine
administrative and business applications (including payroll,
finance, logistics, and personnel management applications).
(5) FOREIGN COUNTRY OF CONCERN.—The term ‘‘foreign
country of concern’’ has the meaning given the term in paragraph (7) of section 9901 of the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021 (15
U.S.C. 4651), as added by section 103(a)(4) of the CHIPS Act
of 2022 (division A of Public Law 117–167).
(k) EXTENSION OF FEDERAL ACQUISITION SECURITY SUPPLY
CHAIN ACT OF 2018.—
(1) SUBCHAPTER III OF CHAPTER 13 OF TITLE 41, UNITED
STATES CODE.—Section 1328 of title 41, United States Code,
is amended by striking ‘‘the date that is 5 years after the
date of the enactment of the Federal Acquisition Supply Chain
Security Act of 2018’’ and inserting ‘‘December 31, 2033’’.
(2) SECTION 4713 OF TITLE 41, UNITED STATES CODE.—Section
4713(j) of title 41, United States Code, is amended by striking
‘‘the date that is 5 years after the date of the enactment
of the Federal Acquisition Supply Chain Security Act of 2018’’
and inserting ‘‘December 31, 2033’’.
(l) AUTHORIZATION OF APPROPRIATIONS FOR FEDERAL ACQUISITION SECURITY COUNCIL.—

H. R. 7776—1099
(1) IN GENERAL.—There is authorized to be appropriated
$3,000,000 for each of fiscal years 2023 through 2033 for the
Office of Management and Budget to support the activities
of the Federal Acquisition Security Council.
(2) TRANSFER AUTHORITY.—The Director of the Office of
Management and Budget may transfer funds authorized to
be appropriated under paragraph (1) to other Federal agencies
for the performance of work for which the funds were authorized.

DIVISION F—INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2023
SEC. 6001. SHORT TITLE; TABLE OF CONTENTS.

(a) SHORT TITLE.—This division may be cited as the ‘‘Intelligence Authorization Act for Fiscal Year 2023’’.
(b) TABLE OF CONTENTS.—The table of contents for this division
is as follows:
DIVISION F—INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2023
Sec. 6001. Short title; table of contents.
Sec. 6002. Definitions.
Sec. 6003. Explanatory statement.
Sec.
Sec.
Sec.
Sec.
Sec.

6101.
6102.
6103.
6104.
6105.

TITLE LXI—INTELLIGENCE ACTIVITIES
Authorization of appropriations.
Classified Schedule of Authorizations.
Intelligence Community Management Account.
Restriction on conduct of intelligence activities.
Increase in employee compensation and benefits authorized by law.

TITLE LXII—CENTRAL INTELLIGENCE AGENCY RETIREMENT AND
DISABILITY SYSTEM
Sec. 6201. Authorization of appropriations.
TITLE LXIII—GENERAL INTELLIGENCE COMMUNITY MATTERS
Sec. 6301. Modification of requirements for certain employment activities by former
intelligence officers and employees.
Sec. 6302. Counterintelligence and national security protections for intelligence
community grant funding.
Sec. 6303. Extension of Central Intelligence Agency law enforcement jurisdiction to
facilities of Office of Director of National Intelligence.
Sec. 6304. Annual reports on status of recommendations of Comptroller General of
the United States for the Director of National Intelligence.
Sec. 6305. Timely submission of classified intelligence budget justification materials.
Sec. 6306. Copyright protection for civilian faculty of the National Intelligence University.
Sec. 6307. Modifications to Foreign Malign Influence Response Center.
Sec. 6308. Requirement to offer cyber protection support for personnel of intelligence community in positions highly vulnerable to cyber attack.
Sec. 6309. Enforcement of cybersecurity requirements for national security systems.
Sec. 6310. Review and briefing on intelligence community activities under Executive Order 12333.
Sec. 6311. Assessing intelligence community open-source support for export controls and foreign investment screening.
Sec. 6312. Annual training requirement and report regarding analytic standards.
Sec. 6313. Review of Joint Intelligence Community Council.
Sec. 6314. Required policy for minimum insider threat standards.
Sec. 6315. Unfunded priorities of the intelligence community.
Sec. 6316. Submission of covered documents and classified annexes.
Sec. 6317. Improvements to program on recruitment and training.
Sec. 6318. Measures to mitigate counterintelligence threats from proliferation and
use of foreign commercial spyware.

H. R. 7776—1100
Sec. 6319. Personnel vetting performance measures.
Sec. 6320. Proactive cybersecurity.
TITLE LXIV—MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE
COMMUNITY
Subtitle A—Office of the Director of National Intelligence
Sec. 6401. Modifications to responsibilities and authorities of Director of National
Intelligence.
Sec. 6402. Annual submission to Congress of National Intelligence Priorities
Framework.
Sec. 6403. Disposition of records of Office of the Director of National Intelligence.
Subtitle B—Central Intelligence Agency
Sec. 6411. Clarification regarding protection of Central Intelligence Agency functions.
Sec. 6412. Expansion of reporting requirements relating to authority to pay personnel of Central Intelligence Agency for certain injuries to the brain.
Sec. 6413. Historical Advisory Panel of Central Intelligence Agency.
Sec. 6414. Authority of Central Intelligence Agency to provide protection for certain
personnel.
Sec. 6415. Notification of use of certain expenditure authorities.
Sec. 6416. Office supporting Central Intelligence Agency workforce wellbeing.
Subtitle C—Elements of the Defense Intelligence Enterprise
Sec. 6421. Inclusion of Space Force as element of intelligence community.
Sec. 6422. Oversight of Defense Intelligence Agency culture.
Subtitle D—Other Elements
Sec. 6431. Modification of advisory board in National Reconnaissance Office.
Sec. 6432. Establishment of advisory board for National Geospatial-Intelligence
Agency.
Sec. 6433. Elevation of the commercial and business operations office of the National Geospatial-Intelligence Agency.
Sec. 6435. Study on personnel under Strategic Intelligence Partnership Program.
Sec. 6436. Briefing on coordination between intelligence community and Bureau of
Industry and Security.
TITLE LXV—MATTERS RELATING TO FOREIGN COUNTRIES
Sec.
Sec.
Sec.
Sec.
Sec.

Subtitle A—Intelligence Matters Relating to the People’s Republic of China
6501. Report on wealth and corrupt activities of the leadership of the Chinese
Communist Party.
6502. Identification and threat assessment of companies with investments by
the People’s Republic of China.
6503. Intelligence community working group for monitoring the economic and
technological capabilities of the People’s Republic of China.
6504. Annual report on concentrated reeducation camps in the Xinjiang
Uyghur Autonomous Region of the People’s Republic of China.
6505. Assessments of production of semiconductors by the People’s Republic of
China.

Subtitle B—Miscellaneous Authorities, Requirements, and Limitations
Sec. 6511. Notice of deployment or transfer of containerized missile systems by
Russia, China, or Iran.
Sec. 6512. Intelligence community coordinator for Russian atrocities accountability.
Sec. 6513. Lead intelligence community coordinator for countering and neutralizing
proliferation of Iran-origin unmanned aircraft systems.
Sec. 6514. Collaboration between intelligence community and Department of Commerce to counter foreign commercial threats.
Sec. 6515. Intelligence assessment on foreign weaponization of advertisement technology data.
Sec. 6516. Intelligence community assessment regarding Russian gray zone assets.
Sec.
Sec.
Sec.
Sec.

6521.
6522.
6523.
6524.

Subtitle C—Reports and Other Matters
Report on assessing will to fight.
Report on threat from hypersonic weapons.
Report on ordnance of Russia and China.
Report on activities of China and Russia targeting Latin America and
the Caribbean.

H. R. 7776—1101
Sec. 6525. Report on support provided by China to Russia.
Sec. 6526. Report on global CCP financing of port infrastructure.
Sec. 6527. Sense of Congress on provision of support by intelligence community for
atrocity prevention and accountability.
TITLE LXVI—INTELLIGENCE COMMUNITY WORKFORCE MATTERS
Sec. 6601. Improving onboarding of personnel in intelligence community.
Sec. 6602. Report on legislative action required to implement Trusted Workforce
2.0 initiative.
Sec. 6603. Inspector General of the Intelligence Community assessment of administration of polygraphs in intelligence community.
Sec. 6604. Timeliness in the administration of polygraphs.
Sec. 6605. Policy on submittal of applications for access to classified information for
certain personnel.
Sec. 6606. Technical correction regarding Federal policy on sharing of covered insider threat information.
Sec. 6607. Inspector General of the Intelligence Community report on use of space
certified as sensitive compartmented information facilities.
Sec. 6608. Improving prohibition of certain personnel practices in intelligence community with respect to contractor employees.
Sec. 6609. Definitions regarding whistleblower complaints and information of urgent concern received by inspectors general of the intelligence community.
TITLE LXVII—MATTERS RELATING TO EMERGING TECHNOLOGIES
Subtitle A—General Matters
Sec. 6701. Definitions.
Sec. 6702. Additional responsibilities of Director of National Intelligence for artificial intelligence policies, standards, and guidance for the intelligence
community.
Sec. 6703. Director of Science and Technology.
Sec. 6704. Intelligence Community Chief Data Officer.
Subtitle B—Improvements Relating to Procurement
Sec. 6711. Additional transaction authority.
Sec. 6712. Implementation plan and advisability study for offices of commercial integration.
Sec. 6713. Pilot program on designated emerging technology transition projects.
Sec. 6714. Harmonization of authorizations to operate.
Sec. 6715. Plan to expand sensitive compartmented information facility access by
certain contractors; reports on expansion of security clearances for certain contractors.
Sec. 6716. Compliance by intelligence community with requirements of Federal Acquisition Regulation relating to commercially available off-the-shelf
items and commercial services.
Sec. 6717. Policy on required user adoption metrics in certain contracts for artificial
intelligence and emerging technology software products.
Sec. 6718. Certification relating to information technology and software systems.
Subtitle C—Reports
Sec. 6721. Reports on integration of artificial intelligence within intelligence community.
Sec. 6722. Report on potential benefits of establishment of ICWERX.
Sec. 6723. Requirements and report on workforce needs of intelligence community
relating to science, technology, engineering, and math, and related
areas.
Subtitle D—Talent, Education, and Training
Sec. 6731. Report on establishment of technology acquisition cadre.
Sec. 6732. Emerging technology education and training.
Subtitle E—Other Matters
Sec. 6741. Improvements to use of commercial software products.
Sec. 6742. Code-free artificial intelligence enablement tools policy.
TITLE LXVIII—OTHER MATTERS
Sec. 6801. Improvements relating to continuity of Privacy and Civil Liberties Oversight Board membership.
Sec. 6802. Modification of requirement for office to address unidentified anomalous
phenomena.

H. R. 7776—1102
Sec. 6803. Comptroller General of the United States audits and briefings on unidentified anomalous phenomena historical record report.
Sec. 6804. Report on precursor chemicals used in the production of synthetic
opioids.
Sec. 6805. Assessment and report on mass migration in the Western Hemisphere.
Sec. 6806. Report on international norms, rules, and principles applicable in space.
Sec. 6807. Assessments of the effects of sanctions imposed with respect to the Russian Federation’s invasion of Ukraine.
Sec. 6808. Assessment of impact of Russia’s invasion of Ukraine on food security.
Sec. 6809. Pilot program for Director of Federal Bureau of Investigation to undertake an effort to identify International Mobile Subscriber Identity-catchers.
Sec. 6810. Department of State Bureau of Intelligence and Research assessment of
anomalous health incidents.
Sec. 6811. Repeal and modification of certain reporting and briefing requirements.
Sec. 6812. Increased intelligence-related engineering, research, and development
capabilities of minority institutions.
Sec. 6813. Reports on personnel vetting processes and progress under Trusted
Workforce 2.0 initiative.
Sec. 6814. Reports relating to programs of record of National Geospatial-Intelligence Agency.
Sec. 6815. Plan regarding Social Media Data and Threat Analysis Center.
Sec. 6816. Report on use of publicly available social media information in personnel
vetting determinations.
Sec. 6817. Report on strengthening workforce diversity planning and oversight.
Sec. 6818. Report on transition of National Reconnaissance Office to digital engineering environment.
Sec. 6819. Briefing on Department of Homeland Security intelligence activities.
Sec. 6820. Report on declassification efforts of Central Intelligence Agency.
Sec. 6821. Report on National Space Intelligence Center.
Sec. 6822. Report on implementation of Executive Order 13556, regarding controlled unclassified information.
Sec. 6823. National Museum of Intelligence and Special Operations.
Sec. 6824. Technical corrections.
SEC. 6002. DEFINITIONS.

In this division:
(1) CONGRESSIONAL INTELLIGENCE COMMITTEES.—The term
‘‘congressional intelligence committees’’ has the meaning given
such term in section 3 of the National Security Act of 1947
(50 U.S.C. 3003).
(2) INTELLIGENCE COMMUNITY.—The term ‘‘intelligence
community’’ has the meaning given such term in such section.
SEC. 6003. EXPLANATORY STATEMENT.

The explanatory statement regarding this division, printed in
the House section of the Congressional Record by the Chairman
of the Permanent Select Committee on Intelligence of the House
of Representatives and in the Senate section of the Congressional
Record by the Chairman of the Select Committee on Intelligence
of the Senate, shall have the same effect with respect to the
implementation of this division as if it were a joint explanatory
statement of a committee of conference.

TITLE LXI—INTELLIGENCE ACTIVITIES
SEC. 6101. AUTHORIZATION OF APPROPRIATIONS.

Funds are hereby authorized to be appropriated for fiscal year
2023 for the conduct of the intelligence and intelligence-related
activities of the Federal Government.
SEC. 6102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.

(a) SPECIFICATIONS OF AMOUNTS.—The amounts authorized to
be appropriated under section 6101 for the conduct of the intelligence activities of the Federal Government are those specified

H. R. 7776—1103
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.
SEC. 6103. 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
2023 the sum of $664,445,000.
(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 2023 such additional amounts
as are specified in the classified Schedule of Authorizations referred
to in section 6102(a).
SEC. 6104. RESTRICTION ON CONDUCT OF INTELLIGENCE ACTIVITIES.

The authorization of appropriations by this division shall not
be deemed to constitute authority for the conduct of any intelligence
activity which is not otherwise authorized by the Constitution or
the laws of the United States.
SEC. 6105. 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.

H. R. 7776—1104

TITLE LXII—CENTRAL INTELLIGENCE
AGENCY
RETIREMENT
AND
DISABILITY SYSTEM
SEC. 6201. AUTHORIZATION OF APPROPRIATIONS.

There is authorized to be appropriated for the Central Intelligence Agency Retirement and Disability Fund $514,000,000 for
fiscal year 2023.

TITLE LXIII—GENERAL INTELLIGENCE
COMMUNITY MATTERS
SEC. 6301. MODIFICATION OF REQUIREMENTS FOR CERTAIN EMPLOYMENT ACTIVITIES BY FORMER INTELLIGENCE OFFICERS
AND EMPLOYEES.

(a) IN GENERAL.—Subsections (a) and (b) of section 304 of
the National Security Act of 1947 (50 U.S.C. 3073a) are amended
to read as follows:
‘‘(a) POST-EMPLOYMENT RESTRICTIONS.—
‘‘(1) COVERED POST-SERVICE POSITION.—
‘‘(A) PERMANENT RESTRICTION.—Except as provided by
paragraph (2)(A)(i), an employee of an element of the intelligence community who occupies a covered intelligence position may not occupy a covered post-service position for
a designated prohibited foreign country following the date
on which the employee ceases to occupy a covered intelligence position.
‘‘(B) TEMPORARY RESTRICTION.—Except as provided by
paragraph (2)(A)(ii), an employee of an element of the
intelligence community who occupies a covered intelligence
position may not occupy a covered post-service position
during the 30-month period following the date on which
the employee ceases to occupy a covered intelligence position.
‘‘(2) WAIVER.—
‘‘(A) AUTHORITY TO GRANT TEMPORARY WAIVER.—
‘‘(i) WAIVERS OF PERMANENT RESTRICTION.—On a
case-by-case basis, the Director of National Intelligence
may temporarily waive the restriction in paragraph
(1)(A) with respect to an employee or former employee
who is subject to that restriction only after—
‘‘(I) the employee or former employee submits
to the Director a written application for such
waiver in such form and manner as the Director
determines appropriate;
‘‘(II) the Director determines that not granting
such waiver would result in a grave detrimental
impact to current or future intelligence operations
of the United States; and
‘‘(III) the Director provides the congressional
intelligence committees with a detailed justification stating why not granting such waiver would
result in a grave detrimental impact to current

H. R. 7776—1105
or future intelligence operations of the United
States.
‘‘(ii) WAIVERS OF TEMPORARY RESTRICTION.—On a
case-by-case basis, the Director may temporarily waive
the restriction in paragraph (1)(B) with respect to an
employee or former employee who is subject to that
restriction only after—
‘‘(I) the employee or former employee submits
to the Director a written application for such
waiver in such form and manner as the Director
determines appropriate; and
‘‘(II) the Director determines that such waiver
is necessary to advance the national security
interests of the United States.
‘‘(B) PERIOD OF WAIVER.—A waiver issued under
subparagraph (A) shall apply for a period not exceeding
5 years. The Director may renew such a waiver.
‘‘(C) REVOCATION.—The Director may revoke a waiver
issued under subparagraph (A) to an employee or former
employee, effective on the date that is 60 days after the
date on which the Director provides the employee or former
employee written notice of such revocation.
‘‘(D) TOLLING.—The 30-month restriction in paragraph
(1)(B) shall be tolled for an employee or former employee
during the period beginning on the date on which a waiver
is issued under subparagraph (A) and ending on the date
on which the waiver expires or on the effective date of
a revocation under subparagraph (C), as the case may
be.
‘‘(E) NOTIFICATION.—Not later than 30 days after the
date on which the Director issues a waiver under subparagraph (A) or a revocation of a waiver under subparagraph
(C), the Director shall submit to the congressional intelligence committees written notification of the waiver or
revocation, as the case may be. Such notification shall
include the following:
‘‘(i) With respect to a waiver issued to an employee
or former employee—
‘‘(I) the details of the application, including
the covered intelligence position held or formerly
held by the employee or former employee;
‘‘(II) the nature of the activities of the
employee or former employee after ceasing to
occupy a covered intelligence position;
‘‘(III) a description of the national security
interests that will be advanced by reason of issuing
such waiver; and
‘‘(IV) the specific reasons why the Director
determines that issuing such waiver will advance
such interests.
‘‘(ii) With respect to a revocation of a waiver issued
to an employee or former employee—
‘‘(I) the details of the waiver, including any
renewals of such waiver, and the dates of such
waiver and renewals; and
‘‘(II) the specific reasons why the Director
determined that such revocation is warranted.

H. R. 7776—1106
‘‘(b) COVERED POST-SERVICE EMPLOYMENT REPORTING.—
‘‘(1) REQUIREMENT.—During the period described in paragraph (2), an employee who ceases to occupy a covered intelligence position shall—
‘‘(A) report covered post-service employment to the
head of the element of the intelligence community that
employed such employee in such covered intelligence position upon accepting such covered post-service employment;
and
‘‘(B) annually (or more frequently if the head of such
element considers it appropriate) report covered postservice employment to the head of such element.
‘‘(2) PERIOD DESCRIBED.—The period described in this paragraph is the period beginning on the date on which an employee
ceases to occupy a covered intelligence position.
‘‘(3) REGULATIONS.—The head of each element of the intelligence community shall issue regulations requiring, as a condition of employment, each employee of such element occupying
a covered intelligence position to sign a written agreement
requiring the regular reporting of covered post-service employment to the head of such element pursuant to paragraph (1).’’.
(b) DEFINITION OF DESIGNATED PROHIBITED FOREIGN
COUNTRY.—Subsection (g) of such section is amended—
(1) by redesignating paragraphs (4) through (6) as paragraphs (5) through (7), respectively; and
(2) by inserting after paragraph (3) the following:
‘‘(4) DESIGNATED PROHIBITED FOREIGN COUNTRY.—The term
‘designated prohibited foreign country’ means the following:
‘‘(A) The People’s Republic of China.
‘‘(B) The Russian Federation.
‘‘(C) The Democratic People’s Republic of Korea.
‘‘(D) The Islamic Republic of Iran.
‘‘(E) The Republic of Cuba.
‘‘(F) The Syrian Arab Republic.’’.
(c) ADDITIONAL WRITTEN NOTICE.—
(1) IN GENERAL.—Subsection (d) of such section is amended
by adding at the end the following:
‘‘(3) WRITTEN NOTICE ABOUT RESTRICTIONS.—The head of
each element of the intelligence community shall provide written notice of the restrictions under subsection (a) to any person
who may be subject to such restrictions on or after the date
of enactment of the Intelligence Authorization Act for Fiscal
Year 2023—
‘‘(A) when the head of the element determines that
such person may become subject to such covered intelligence position restrictions; and
‘‘(B) before the person ceases to occupy a covered intelligence position.’’.
(2) CONFORMING AMENDMENT.—Paragraph (2) of such subsection is amended in the paragraph heading by adding ‘‘ABOUT
REPORTING REQUIREMENTS’’ after ‘‘WRITTEN NOTICE’’.
(d) REVISED REGULATIONS.—
(1) DEFINITION OF COVERED INTELLIGENCE POSITION.—In
this subsection, the term ‘‘covered intelligence position’’ has
the meaning given such term by such section 304.
(2) SUBMISSION.—Not later than 30 days after the date
of the enactment of this Act, the head of each element of

H. R. 7776—1107
the intelligence community shall submit to the congressional
intelligence committees new or updated regulations issued to
carry out such section 304, as amended by subsections (a),
(b), and (c) of this section.
(3) REQUIREMENTS.—The regulations issued under paragraph (1) shall—
(A) include provisions that advise personnel of the
intelligence community of the appropriate manner in which
such personnel may opt out of positions that—
(i) have been designated as covered intelligence
positions before the effective date established in subsection (e) of this section; or
(ii) may be designated as covered intelligence
provisions before such designation becomes final; and
(B) establish a period of not fewer than 30 days and
not more than 60 days after receipt of the written notice
required under paragraph (3) of subsection (d) of such
section 304, as added by subsection (c)(1) of this section,
within which such personnel may opt out of a covered
intelligence position and the accompanying obligations
imposed by subsection (a)(1)(A) of such section 304, as
amended by subsection (a) of this section.
(4) CERTIFICATION.—Not later than 180 days after the date
of the enactment of this Act, the Director of National Intelligence shall submit to the congressional intelligence committees—
(A) a written certification for each head of an element
of the intelligence community who has issued new or
updated regulations pursuant to paragraph (2); and
(B) for each head of an element of the intelligence
community who has not issued such new or updated regulations, an explanation for the failure to issue such new
or updated regulations.
(e) EFFECTIVE DATE OF PERMANENT RESTRICTIONS.—Subsection
(a)(1)(A) of such section 304, as amended by subsection (a) of this
section, shall apply only to persons who occupy a covered intelligence position on or after the date that is 45 days after the
date on which new or updated regulations are issued under subsection (d)(2) of this section.
(f) REPEAL.—Section 402 of the Intelligence Authorization Act
for Fiscal Year 1997 (Public Law 104–293) is hereby repealed.
SEC.

6302.

COUNTERINTELLIGENCE AND NATIONAL SECURITY
PROTECTIONS FOR INTELLIGENCE COMMUNITY GRANT
FUNDING.

(a) IN GENERAL.—Title I of the National Security Act of 1947
(50 U.S.C. 3021 et seq.) is amended by adding at the end the
following:
‘‘SEC.

121.

COUNTERINTELLIGENCE AND NATIONAL SECURITY
PROTECTIONS FOR INTELLIGENCE COMMUNITY GRANT
FUNDING.

‘‘(a) DISCLOSURE AS CONDITION FOR RECEIPT OF GRANT.—The
head of an element of the intelligence community may not award
a grant to a person or entity unless the person or entity has
certified to the head of the element that the person or entity
has disclosed to the head of the element any material financial
or material in-kind support that the person or entity knows, or

H. R. 7776—1108
should have known, derives from the People’s Republic of China,
the Russian Federation, the Islamic Republic of Iran, the Democratic People’s Republic of Korea, or the Republic of Cuba, during
the 5-year period ending on the date of the person or entity’s
application for the grant.
‘‘(b) PROCESS FOR REVIEW OF GRANT APPLICANTS PRIOR TO
AWARD.—
‘‘(1) IN GENERAL.—The head of an element of the intelligence community may not award a grant to a person or
entity who submitted a certification under subsection (a) until
such certification is received by the head of an element of
the intelligence community and submitted to the Director of
National Intelligence pursuant to the process set forth in paragraph (2).
‘‘(2) PROCESS.—
‘‘(A) IN GENERAL.—The Director of National Intelligence, in coordination with such heads of elements of
the intelligence community as the Director considers appropriate, shall establish a process to review the awarding
of a grant to an applicant who submitted a certification
under subsection (a).
‘‘(B) ELEMENTS.—The process established under
subparagraph (A) shall include the following:
‘‘(i) The immediate transmission of a copy of each
applicant’s certification made under subsection (a) to
the Director of National Intelligence.
‘‘(ii) The review of the certification and any accompanying disclosures submitted under subsection (a) as
soon as practicable.
‘‘(iii) Authorization for the heads of the elements
of the intelligence community to take such actions
as may be necessary, including denial or revocation
of a grant, to ensure a grant does not pose an unacceptable risk of—
‘‘(I) misappropriation of United States intellectual property, research and development, and
innovation efforts; or
‘‘(II) other counterintelligence threats.
‘‘(c) ANNUAL REPORT REQUIRED.—Not later than 1 year after
the date of the enactment of the Intelligence Authorization Act
for Fiscal Year 2023 and not less frequently than once each year
thereafter, the Director of National Intelligence shall submit to
the congressional intelligence committees an annual report identifying the following for the 1-year period covered by the report:
‘‘(1) The number of applications for grants received by
each element of the intelligence community.
‘‘(2) The number of such applications that were reviewed
using the process established under subsection (b)(2),
disaggregated by element of the intelligence community.
‘‘(3) The number of such applications that were denied
and the number of grants that were revoked, pursuant to
the process established under subsection (b)(2), disaggregated
by element of the intelligence community.’’.
(b) APPLICABILITY.—Subsections (a) and (b) of section 121 of
such Act, as added by subsection (a), shall apply only with respect
to grants awarded by an element of the intelligence community
after the date of the enactment of this Act.

H. R. 7776—1109
(c) CLERICAL AMENDMENT.—The table of contents preceding
section 2 of such Act is amended by inserting after the item relating
to section 120 the following:
‘‘Sec. 121. Counterintelligence and national security protections for intelligence
community grant funding.’’.
SEC. 6303. EXTENSION OF CENTRAL INTELLIGENCE AGENCY LAW
ENFORCEMENT JURISDICTION TO FACILITIES OF OFFICE
OF DIRECTOR OF NATIONAL INTELLIGENCE.

(a) IN GENERAL.—Section 15(a) of the Central Intelligence
Agency Act of 1949 (50 U.S.C. 3515(a)) is amended—
(1) in paragraph (1)—
(A) in subparagraph (C), by striking ‘‘; and’’ and
inserting a semicolon;
(B) by redesignating subparagraph (D) as subparagraph (E);
(C) by inserting after subparagraph (C) the following:
‘‘(D) within an installation owned, or contracted to be occupied for a period of one year or longer, by the Office of the
Director of National Intelligence; and’’; and
(D) in subparagraph (E), as redesignated by subparagraph (B), by inserting ‘‘or (D)’’ after ‘‘in subparagraph
(C)’’;
(2) in paragraph (2), by striking ‘‘or (D)’’ and inserting
‘‘or (E)’’; and
(3) in paragraph (4), by striking ‘‘in subparagraph (A) or
(C)’’ and inserting ‘‘in subparagraph (A), (C), or (D)’’.
(b) CONFORMING AMENDMENT.—Section 5(a)(4) of such Act (50
U.S.C. 3506(a)(4)) is amended by inserting ‘‘and Office of the
Director of National Intelligence’’ after ‘‘protection of Agency’’.
SEC. 6304. ANNUAL REPORTS ON STATUS OF RECOMMENDATIONS OF
COMPTROLLER GENERAL OF THE UNITED STATES FOR
THE DIRECTOR OF NATIONAL INTELLIGENCE.

(a) DEFINITION OF OPEN RECOMMENDATIONS.—In this section,
the term ‘‘open recommendations’’ refers to recommendations of
the Comptroller General of the United States that the Comptroller
General has not yet designated as closed.
(b) ANNUAL LISTS BY COMPTROLLER GENERAL OF THE UNITED
STATES.—Not later than September 30, 2023, and each September
30 thereafter through 2028, the Comptroller General of the United
States shall submit to the congressional intelligence committees
and the Director of National Intelligence a list of all open recommendations made to the Director, disaggregated by report
number and recommendation number.
(c) ANNUAL REPORTS BY DIRECTOR OF NATIONAL INTELLIGENCE.—Not later than 120 days after the date on which the
Director receives a list under subsection (b), the Director shall
submit to the congressional intelligence committees, the Committee
on Appropriations of the Senate, and the Committee on Appropriations of the House of Representatives a report on the actions taken
by the Director and actions the Director intends to take, alone
or in coordination with the heads of other Federal agencies, in
response to each open recommendation identified in the list,
including open recommendations the Director determines are closed
and recommendations the Director determines do not require further action, as well as the basis for such determinations.

H. R. 7776—1110
SEC.

6305.

TIMELY SUBMISSION OF CLASSIFIED
BUDGET JUSTIFICATION MATERIALS.

INTELLIGENCE

Title V of the National Security Act of 1947 (50 U.S.C. 3091
et seq.) is amended by inserting after section 506I the following
new section (and conforming the table of contents at the beginning
of such Act accordingly):
‘‘SEC.

506J.

CLASSIFIED
MATERIALS.

INTELLIGENCE

BUDGET

JUSTIFICATION

‘‘(a) DEFINITIONS.—In this section:
‘‘(1) BUDGET.—The term ‘budget’ has the meaning given
the term ‘budget of the President’ in section 506A.
‘‘(2) CLASSIFIED INTELLIGENCE BUDGET JUSTIFICATION MATERIALS.—The term ‘classified intelligence budget justification
materials’ means, with respect to a fiscal year, the materials
submitted to Congress by the Director of National Intelligence
in support of the budget for that fiscal year that are classified
or otherwise protected from public disclosure.
‘‘(b) TIMELY SUBMISSION.—Not later than 5 days after the date
on which the President submits to Congress the budget for each
fiscal year pursuant to section 1105(a) of title 31, United States
Code, the Director of National Intelligence shall submit to the
congressional intelligence committees the classified intelligence
budget justification materials for the element for that budget.’’.
SEC. 6306. COPYRIGHT PROTECTION FOR CIVILIAN FACULTY OF THE
NATIONAL INTELLIGENCE UNIVERSITY.

Section 105 of title 17, United States Code, is amended—
(1) by redesignating the second subsection (c) as subsection
(d);
(2) by striking subsection (c) and inserting the following:
‘‘(c) USE BY FEDERAL GOVERNMENT.—
‘‘(1) SECRETARY OF DEFENSE AUTHORITY.—With respect to
a covered author who produces a covered work in the course
of employment at a covered institution described in subparagraphs (A) through (L) of subsection (d)(2), the Secretary of
Defense may direct the covered author to provide the Federal
Government with an irrevocable, royalty-free, worldwide, nonexclusive license to reproduce, distribute, perform, or display
such covered work for purposes of the United States Government.
‘‘(2) DIRECTOR OF NATIONAL INTELLIGENCE AUTHORITY.—
With respect to a covered author who produces a covered work
in the course of employment at the covered institution described
in subsection (d)(2)(M), the Director of National Intelligence
may direct the covered author to provide the Federal Government with an irrevocable, royalty-free, world-wide, nonexclusive
license to reproduce, distribute, perform, or display such covered
work for purposes of the United States Government.’’; and
(3) in paragraph (2) of subsection (d), as so redesignated,
by adding at the end the following:
‘‘(M) National Intelligence University.’’.
SEC.

6307.

MODIFICATIONS TO
RESPONSE CENTER.

FOREIGN

MALIGN

INFLUENCE

(a) RENAMING.—
(1) IN GENERAL.—Section 119C of the National Security
Act of 1947 (50 U.S.C. 3059) is amended—

H. R. 7776—1111
(A) in the section heading, by striking ‘‘RESPONSE’’;
and
(B) in subsection (a), by striking ‘‘Response’’.
(2) CLERICAL AMENDMENT.—The table of contents in the
matter preceding section 2 of such Act is amended by striking
the item relating to section 119C and inserting the following:
‘‘Sec. 119C. Foreign Malign Influence Center.’’.

(3) CONFORMING AMENDMENT.—Section 589E(d)(2) of the
William M. (Mac) Thornberry National Defense Authorization
Act for Fiscal Year 2021 (Public Law 116–283; 10 U.S.C. 2001
note prec.) is amended by striking ‘‘Response’’.
(4) REFERENCE.—Any reference in law, regulation, map,
document, paper, or other record of the United States to the
‘‘Foreign Malign Influence Response Center’’ shall be deemed
to be a reference to the Foreign Malign Influence Center.
(b) DIRECTOR OF NATIONAL INTELLIGENCE AUTHORITY TO TERMINATE.—Section 119C of such Act (50 U.S.C. 3059) is further
amended—
(1) by redesignating subsection (e) as subsection (f); and
(2) by inserting after subsection (d) the following:
‘‘(e) TERMINATION.—After December 31, 2028, the Director of
National Intelligence may terminate the Center, but only if the
Director of National Intelligence submits 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 determination that the termination of the Center is appropriate,
which includes—
‘‘(1) a detailed description that other offices or entities
within the intelligence community—
‘‘(A) have the capabilities to perform the functions of
the Center; and
‘‘(B) will exercise the functions of the Center upon
the termination of the Center; and
‘‘(2) a detailed description of—
‘‘(A) the actions the Director of National Intelligence
will take to conduct an orderly wind-down of the activities
of the Center; and
‘‘(B) the proposed timeline for such actions.’’.
(c) REPORT.—
(1) DEFINITION OF APPROPRIATE COMMITTEES OF CONGRESS.—In this subsection, the term ‘‘appropriate committees
of Congress’’ means—
(A) the congressional intelligence committees;
(B) the Committee on Homeland Security and Governmental Affairs, the Committee on Foreign Relations, the
Committee on Armed Services, and the Subcommittee on
Defense of the Committee on Appropriations of the Senate;
and
(C) the Committee on Homeland Security, the Committee on Foreign Affairs, the Committee on Armed Services, and the Subcommittee on Defense of the Committee
on Appropriations of the House of Representatives.
(2) IN GENERAL.—Not later than December 31, 2025, the
Director of National Intelligence shall submit to the appropriate
committees of Congress a report assessing the continued need
for operating the Foreign Malign Influence Center.

H. R. 7776—1112
SEC. 6308. REQUIREMENT TO OFFER CYBER PROTECTION SUPPORT
FOR PERSONNEL OF INTELLIGENCE COMMUNITY IN POSITIONS HIGHLY VULNERABLE TO CYBER ATTACK.

(a) IN GENERAL.—Section 6308(b) of the Damon Paul Nelson
and Matthew Young Pollard Intelligence Authorization Act for
Fiscal Years 2018, 2019, and 2020 (50 U.S.C. 3334d(b)) is
amended—
(1) in paragraph (1)—
(A) by striking ‘‘may provide’’ and inserting ‘‘shall
offer’’;
(B) by inserting ‘‘and shall provide such support to
any such personnel who request’’ before the period at the
end; and
(2) in the subsection heading, by striking ‘‘AUTHORITY’’
and inserting ‘‘REQUIREMENT’’.
(b) PLAN.—Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence shall submit
to the congressional intelligence committees, the Committee on
Appropriations of the Senate, and the Committee on Appropriations
of the House of Representatives an implementation plan for providing the support described section 6308(b) of the Damon Paul
Nelson and Matthew Young Pollard Intelligence Authorization Act
for Fiscal Years 2018, 2019, and 2020 (50 U.S.C. 3334d(b)), as
amended by subsection (a), including a description of the training
and resources needed to implement the support and the methodology for determining the personnel described in paragraph (2)
of such section.
SEC. 6309. ENFORCEMENT OF CYBERSECURITY REQUIREMENTS FOR
NATIONAL SECURITY SYSTEMS.

(a) DEFINITIONS.—In this section:
(1) CYBERSECURITY REQUIREMENTS FOR NATIONAL SECURITY
SYSTEMS.—The term ‘‘cybersecurity requirements for national
security systems’’ means the minimum cybersecurity requirements established by the National Manager, consistent with
the direction of the President and in consultation with the
Director of National Intelligence, that applies to all national
security systems operated by, on the behalf of, or administered
by the head of an element of the intelligence community.
(2) NATIONAL MANAGER.—The term ‘‘National Manager’’
means the National Manager for National Security Systems
designated by the President.
(3) NATIONAL SECURITY SYSTEMS.—The term ‘‘national security systems’’ includes—
(A) national security systems (as defined in section
3552(b) of title 44, United States Code); and
(B) information systems described in paragraph (2)
or (3) of section 3553(e) of such title.
(b) IMPLEMENTATION DEADLINE.—The cybersecurity requirements for national security systems shall include appropriate deadlines by which all elements of the intelligence community shall
have fully implemented the requirements.
(c) REEVALUATION AND UPDATES.—Not less frequently than once
every 2 years, the National Manager shall reevaluate and update
the cybersecurity requirements for national security systems.
(d) RESOURCES.—Each head of an element of the intelligence
community that owns or operates a national security system shall

H. R. 7776—1113
update plans of the element to prioritize resources in such a manner
as to fully implement the cybersecurity requirements for national
security systems by the deadline established pursuant to subsection
(b) for the next 10 fiscal years.
(e) EXEMPTIONS.—
(1) IN GENERAL.—The head of an element of the intelligence
community may exempt a national security system owned or
operated by the element from the cybersecurity requirements
for national security systems if done so in accordance with
the procedures established under paragraph (2).
(2) EXEMPTION PROCEDURES.—The National Manager shall,
consistent with the direction of the President, establish procedures that govern—
(A) the circumstances under which the head of an
element of the intelligence community may exempt a
national security system under paragraph (1); and
(B) the process for implementing the exemption.
(3) ANNUAL REPORTS ON EXEMPTIONS.—
(A) IN GENERAL.—Each year, the National Manager
and the Director of National Intelligence shall—
(i) submit to the congressional intelligence committees an annual report documenting all exemptions
made under paragraph (1) during the period covered
by the report, along with the justifications for the
exemptions; and
(ii) in the case of an exemption made by the Assistant Secretary of State for Intelligence and Research
under such paragraph, submit to the Committee on
Foreign Relations of the Senate and the Committee
on Foreign Affairs of the House of Representatives
a separate report describing the exemption and the
justification for it.
(B) MANNER.—Each report submitted under subparagraph (A) shall be submitted with such classification as
the Director considers appropriate and with due regard
for the protection of sensitive intelligence sources and
methods.
SEC. 6310. REVIEW AND BRIEFING ON INTELLIGENCE COMMUNITY
ACTIVITIES UNDER EXECUTIVE ORDER 12333.

(a) REVIEW AND BRIEFING REQUIRED.—No later than 180 days
after the date of the enactment of this Act, the Director of National
Intelligence shall—
(1) conduct a review to ascertain the feasibility and advisability of compiling and making public information relating
to activities of the intelligence community under Executive
Order 12333 (50 U.S.C. 3001 note; relating to United States
intelligence activities); and
(2) provide the congressional intelligence committees, the
Committee on Appropriations of the Senate, and the Committee
on Appropriations of the House of Representatives with a
briefing on the findings of the Director with respect to the
review conducted under paragraph (1).
(b) MATTERS ADDRESSED.—The review and briefing required
by subsection (a) shall address the feasibility and advisability of
making available to the public information relating to the following:

H. R. 7776—1114
(1) Data on activities described in subsection (a)(1),
including the following:
(A) The amount of United States person information
collected pursuant to such activities.
(B) Queries of United States persons pursuant to such
activities.
(C) Dissemination of United States person information
pursuant to such activities, including masking and
unmasking.
(D) The use of United States person information in
criminal proceedings.
(2) Quantitative data and qualitative descriptions of
incidents in which the intelligence community violated Executive Order 12333 and associated guidelines and procedures.
(c) CONSIDERATIONS.—In conducting the review under subsection (a)(1), the Director shall consider—
(1) the public transparency associated with the use by
the intelligence community of the authorities provided under
the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.
1801 et seq.), including relevant data and compliance incidents;
and
(2) the application of the transparency model developed
in connection with such Act to activities conducted under Executive Order 12333.
(d) DISAGGREGATION FOR PUBLIC RELEASE.—In conducting the
review under subsection (a)(1), the Director shall address whether
the relevant data and compliance incidents associated with the
different intelligence community entities can be disaggregated for
public release.
SEC. 6311. ASSESSING INTELLIGENCE COMMUNITY OPEN-SOURCE SUPPORT FOR EXPORT CONTROLS AND FOREIGN INVESTMENT SCREENING.

(a) PILOT PROGRAM TO ASSESS OPEN SOURCE SUPPORT FOR
EXPORT CONTROLS AND FOREIGN INVESTMENT SCREENING.—
(1) PILOT PROGRAM AUTHORIZED.—The Director of National
Intelligence shall designate an element of the intelligence
community to carry out a pilot program to assess the feasibility
and advisability of providing enhanced intelligence support,
including intelligence derived from open source, publicly and
commercially available information—
(A) to the Department of Commerce to support the
export control and investment screening functions of the
Department; and
(B) to the Department of Homeland Security to support
the export control functions of the Department.
(2) AUTHORITY.—In carrying out the pilot program required
by paragraph (1), the element designated by the Director under
such paragraph—
(A) shall establish a process for the provision of
information as described in such paragraph; and
(B) may—
(i) acquire and prepare data, consistent with
applicable provisions of law and Executive orders;
(ii) modernize analytic systems, including through
the acquisition, development, or application of automated tools; and

H. R. 7776—1115
(iii) establish standards and policies regarding the
acquisition, treatment, and sharing of open source,
publicly and commercially available information.
(3) DURATION.—The pilot program required by paragraph
(1) shall be carried out during a 3-year period.
(b) PLAN AND REPORT REQUIRED.—
(1) DEFINITION OF APPROPRIATE COMMITTEES OF CONGRESS.—In this subsection, the term ‘‘appropriate committees
of Congress’’ means—
(A) the Select Committee on Intelligence, the Committee on Banking, Housing, and Urban Affairs, the Committee on Homeland Security and Governmental Affairs,
and the Committee on Appropriations of the Senate; and
(B) the Permanent Select Committee on Intelligence,
the Committee on Foreign Affairs, the Committee on Financial Services, the Committee on Homeland Security, and
the Committee on Appropriations of the House of Representatives.
(2) PLAN.—
(A) IN GENERAL.—Not later than 90 days after the
date of the enactment of this Act, the Director shall, in
coordination with the Secretary of Commerce and the Secretary of Homeland Security, submit to the appropriate
committees of Congress a plan to carry out the pilot program required by subsection (a)(1).
(B) CONTENTS.—The plan submitted under subparagraph (A) shall include the following:
(i) A list, developed in consultation with the Secretary of Commerce and the Secretary of Homeland
Security, of the activities of the Department of Commerce and the Department of Homeland Security that
will be supported by the pilot program.
(ii) A plan for measuring the effectiveness of the
pilot program and the value of open source, publicly
and commercially available information to the export
control and investment screening missions.
(3) REPORT.—
(A) IN GENERAL.—Not later than 540 days after the
date on which the Director submits the plan under paragraph (2)(A), the Director shall submit to the appropriate
committees of Congress a report on the findings of the
Director with respect to the pilot program.
(B) CONTENTS.—The report submitted under subparagraph (A) shall include the following:
(i) An assessment of the feasibility and advisability
of providing information as described in subsection
(a)(1).
(ii) An assessment of the value of open source,
publicly and commercially available information to the
export control and investment screening missions,
using the measures of effectiveness under paragraph
(2)(B)(ii).
(iii) Identification of opportunities for and barriers
to more effective use of open source, publicly and
commercially available information by the intelligence
community.

H. R. 7776—1116
SEC.

6312.

ANNUAL TRAINING REQUIREMENT
REGARDING ANALYTIC STANDARDS.

AND

REPORT

(a) POLICY FOR TRAINING PROGRAM REQUIRED.—Consistent with
sections 1019 and 1020 of the Intelligence Reform and Terrorism
Prevention Act of 2004 (50 U.S.C. 3364 and 3364 note), the Director
of National Intelligence shall issue a policy that requires each
head of an element of the intelligence community, that has not
already done so, to create, before the date that is 180 days after
the date of the enactment of this Act, an annual training program
on the standards set forth in Intelligence Community Directive
203, Analytic Standards (or successor directive).
(b) CONDUCT OF TRAINING.—Training required pursuant to the
policy required by subsection (a) may be conducted in conjunction
with other required annual training programs conducted by the
element of the intelligence community concerned.
(c) CERTIFICATION OF COMPLETION OF TRAINING.—Each year,
each head of an element of the intelligence community shall submit
to the congressional intelligence committees a certification as to
whether all of the analysts of that element have completed the
training required pursuant to the policy required by subsection
(a) and if the analysts have not, an explanation of why the training
has not been completed.
(d) REPORTS.—
(1) ANNUAL REPORT.—In conjunction with each briefing
provided under section 1019(c) of the Intelligence Reform and
Terrorism Prevention Act of 2004 (50 U.S.C. 3364(c)), the
Director shall submit to the congressional intelligence committees, the Committee on Appropriations of the Senate, and the
Committee on Appropriations of the House of Representatives
a report on the number and themes of compliance incidents
reported to intelligence community analytic ombudspersons
relating to the standards set forth in Intelligence Community
Directive 203 (relating to analytic standards), or successor
directive.
(2) REPORT ON PERFORMANCE EVALUATION.—Not later than
90 days after the date of the enactment of this Act, the head
of analysis at each element of the intelligence community that
conducts all-source analysis shall submit to the congressional
intelligence committees, the Committee on Appropriations of
the Senate, and the Committee on Appropriations of the House
of Representatives a report describing how compliance with
the standards set forth in Intelligence Community Directive
203 (relating to analytic standards), or successor directive, is
considered in the performance evaluations and consideration
for merit pay, bonuses, promotions, and any other personnel
actions for analysts within the element.
(e) RULE OF CONSTRUCTION.—Nothing in this section shall be
construed to prohibit the Director from providing training described
in this section as a service of common concern.
(f) SUNSET.—This section shall cease to be effective on the
date that is 5 years after the date of the enactment of this Act.
SEC. 6313. REVIEW OF JOINT INTELLIGENCE COMMUNITY COUNCIL.

(a) IN GENERAL.—The Director of National Intelligence shall
conduct a review of the Joint Intelligence Community Council established by section 101A of the National Security Act of 1947 (50
U.S.C. 3022).

H. R. 7776—1117
(b) ELEMENTS.—The review conducted under subsection (a)
shall cover the following:
(1) The number of meetings the Council has held, by year.
(2) An analysis of the issues the Council has addressed.
(3) The effect the Council has had on the decisionmaking
of the Director of National Intelligence.
(4) Potential revision to the membership or functions of
the Council.
(c) BRIEFING.—Not later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence shall
provide the congressional intelligence committees and the subcommittees on defense of the Committee on Appropriations of the
Senate and the Committee on Appropriations of the House of Representatives a briefing on the review conducted pursuant to subsection (a).
SEC. 6314. REQUIRED POLICY FOR MINIMUM INSIDER THREAT STANDARDS.

(a) REQUIREMENT.—Section 102A(f) of the National Security
Act of 1947 (50 U.S.C. 3024(f)) is amended—
(1) by redesignating paragraphs (8) and (9) as paragraphs
(9) and (10), respectively; and
(2) by inserting after paragraph (7) the following new paragraph:
‘‘(8) The Director of National Intelligence shall ensure there
is established a policy for minimum insider threat standards for
the intelligence community and ensure compliance by the elements
of the intelligence community with that policy.’’.
(b) COMPLIANCE AND REPORTING.—Title III of such Act (50
U.S.C. 3071 et seq.) is amended by adding at the end the following
new section:
‘‘SEC. 313. INSIDER THREAT POLICY COMPLIANCE AND REPORTING.

‘‘The head of each element of the intelligence community shall—
‘‘(1) implement the policy established in accordance with
section 102A(f)(8); and
‘‘(2) concurrent with the submission to Congress of budget
justification materials in support of the budget of the President
for a fiscal year that is submitted to Congress under section
1105(a) of title 31, United States Code, submit to Congress
a certification as to whether the element is in compliance
with such policy.’’.
(c) CONFORMING AMENDMENT.—Section 102A(x)(3) of such Act
(50 U.S.C. 3024(x)(3)) is amended by inserting ‘‘, including the
policy under subsection (f)(8),’’ after ‘‘policies of the intelligence
community’’.
(d) CLERICAL AMENDMENT.—The table of contents preceding
section 2 of such Act is amended by inserting after the item relating
to section 312 the following new item:
‘‘Sec. 313. Insider threat policy compliance and reporting.’’.
SEC. 6315. UNFUNDED PRIORITIES OF THE INTELLIGENCE COMMUNITY.

Title V of the National Security Act of 1947 (50 U.S.C. 3091
et seq.) is amended by adding at the end the following new section
(and conforming the table of contents at the beginning of such
Act accordingly):

H. R. 7776—1118
‘‘SEC. 514. UNFUNDED PRIORITIES OF THE INTELLIGENCE COMMUNITY: ANNUAL REPORT.

‘‘(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, United States
Code, the head of each element of the intelligence community shall
submit to the Director of National Intelligence, 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 the unfunded priorities of the programs
under the jurisdiction of such head.
‘‘(b) ELEMENTS.—
‘‘(1) IN GENERAL.—Each report under subsection (a) shall
specify, for each unfunded priority covered by such report,
the following:
‘‘(A) A summary description of such priority, including
the objectives to be achieved if such priority is funded
(whether in whole or in part).
‘‘(B) Whether such priority will satisfy a covert action
or support collection against requirements identified in the
National Intelligence Priorities Framework of the Office
of the Director of National Intelligence (or any successor
mechanism established for the prioritization of programs
and activities), including a description of such requirements
and the related prioritization level.
‘‘(C) The additional amount of funds recommended in
connection with the objectives under subparagraph (A).
‘‘(D) Budget information with respect to the unfunded
priority, including—
‘‘(i) the appropriation account;
‘‘(ii) the expenditure center; and
‘‘(iii) the project and, if applicable, subproject.
‘‘(2) PRIORITIZATION OF PRIORITIES.—Each report shall
present the unfunded priorities covered by such report in overall
order of urgency of priority among unfunded priorities.
‘‘(c) UNFUNDED PRIORITY DEFINED.—In this section, the term
‘unfunded priority’, in the case of a fiscal year, means a program,
activity, or mission requirement of an element of the intelligence
community that—
‘‘(1) is not funded in the budget of the President for the
fiscal year as submitted to Congress pursuant to section 1105
of title 31, United States Code;
‘‘(2) is necessary to fulfill a covert action or to satisfy
an information requirement associated with the collection, analysis, or dissemination of intelligence that has been documented
within the National Intelligence Priorities Framework; and
‘‘(3) would have been recommended for funding by the
head of the element of the intelligence community 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.’’.

H. R. 7776—1119
SEC. 6316. SUBMISSION OF COVERED DOCUMENTS AND CLASSIFIED
ANNEXES.

(a) REQUIREMENT.—Title V of the National Security Act of
1947 (50 U.S.C. 3091 et seq.), as amended by section 6315, is
further amended by adding at the end the following new section
(and conforming the table of contents at the beginning of such
Act accordingly):
‘‘SEC. 515. SUBMISSION OF COVERED DOCUMENTS AND CLASSIFIED
ANNEXES.

‘‘(a) COVERED DOCUMENT DEFINED.—In this section, the term
‘covered document’ means any executive order, memorandum, or
policy directive issued by the President, including national security
Presidential memoranda and Presidential policy directives, or such
successor memoranda and directives.
‘‘(b) REQUIREMENT.—Not later than 7 days after the date on
which the President issues or amends a covered document, the
President, acting through the Director of National Intelligence,
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 the covered document and any classified annex accompanying that document if
such covered document or annex contains a direction to, establishes
a requirement for, or includes a restriction on any element of
the intelligence community.’’.
(b) INITIAL SUBMISSION.—Not later than 60 days after the date
of the enactment of this Act, the Director of National Intelligence
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 each covered document and classified annex required under section 515 of the
National Security Act of 1947, as added by subsection (a), in effect
as of the date of enactment of this Act.
(c) REPEAL.—Section 310 of the Intelligence Authorization Act
for Fiscal Year 2017 (Public Law 115–31; 50 U.S.C. 3312) is hereby
repealed.
SEC. 6317. IMPROVEMENTS TO PROGRAM ON RECRUITMENT AND
TRAINING.

Section 1022 of the National Security Act of 1947 (50 U.S.C.
3222) is amended to read as follows:
‘‘SEC. 1022. PROGRAM ON RECRUITMENT AND TRAINING.

‘‘(a) PROGRAM.—
‘‘(1) REQUIREMENT.—The Director of National Intelligence,
in consultation with the heads of the elements of the intelligence community, shall carry out a program to ensure that
selected individuals are provided funds for academic training
(including with respect to both undergraduate and postgraduate
education), or to reimburse for academic training previously
obtained—
‘‘(A) in capabilities, missions, or skillsets, especially
in the fields of science, technology, math, and engineering,
to address workforce requirements in which the intelligence
community is deficient or likely to be deficient in the future;
or

H. R. 7776—1120
‘‘(B) for such individuals who have backgrounds or
experiences that the Director has identified as—
‘‘(i) contributing to capabilities, missions, or
skillsets in which the intelligence community is deficient or likely to be deficient in future; and
‘‘(ii) being underrepresented in the intelligence
community or likely to be underrepresented in the
future.
‘‘(2) COMMITMENT.—An individual selected for participation
in the program shall commit to employment with an element
of the intelligence community for a period that the Director
determines is commensurate with the amount of funding provided to the individual under the program and under such
terms and conditions as the Director considers appropriate.
‘‘(3) DESIGNATION.—The program shall be known as the
Pat Roberts Intelligence Scholars Program.
‘‘(4) OUTREACH.—The Director, in consultation with the
heads of the elements of the intelligence community, shall
maintain a publicly available internet website on the program
that describes—
‘‘(A) the intent of the program;
‘‘(B) the conditions and requirements for selection and
participation;
‘‘(C) application instructions;
‘‘(D) the areas covered by the program pursuant to
the review conducted under subsection (b)(2); and
‘‘(E) any other details the Director determines appropriate.
‘‘(b) ELEMENTS.—In carrying out the program under subsection
(a), the Director shall—
‘‘(1) establish such requirements relating to the academic
training of participants as the Director considers appropriate
to ensure that participants are prepared for employment as
intelligence professionals; and
‘‘(2) on an annual basis, review the areas that will contribute to the capabilities, missions, and skillsets in which
the intelligence community is deficient or is likely to be deficient
in the future.
‘‘(c) USE OF FUNDS.—Funds made available for the program
under subsection (a) shall be used—
‘‘(1) to provide a monthly stipend for each month that
a participant is pursuing a course of study;
‘‘(2) to pay the partial or full tuition of a participant for
the completion of such course of study;
‘‘(3) to reimburse a participant for tuition paid by the
participant before becoming an employee of an element of the
intelligence community, including with respect to providing
payments for student loans used for such tuition;
‘‘(4) to pay for books and materials that the participant
requires or required to complete such course of study;
‘‘(5) to pay the expenses of the participant for travel
requested by an element of the intelligence community in relation to such program; or
‘‘(6) for such other purposes the Director considers reasonably appropriate to carry out such program.’’.

H. R. 7776—1121
SEC. 6318. MEASURES TO MITIGATE COUNTERINTELLIGENCE THREATS
FROM PROLIFERATION AND USE OF FOREIGN COMMERCIAL SPYWARE.

(a) DEFINITIONS.—In this section:
(1) COVERED DEVICE.—The term ‘‘covered device’’ means
any electronic mobile device including smartphones, tablet computing devices, or laptop computing devices, that is issued
by an element of the intelligence community for official use.
(2) FOREIGN COMMERCIAL SPYWARE; FOREIGN COMPANY;
SPYWARE.—The terms ‘‘foreign commercial spyware’’, ‘‘foreign
company’’, and ‘‘spyware’’ have the meanings given those terms
in section 1102A of the National Security Act of 1947 (50
U.S.C. 3231 et seq.), as added by this section.
(b) STATEMENT OF POLICY.—It shall be the policy of the United
States to act decisively against counterintelligence threats posed
by foreign commercial spyware, as well as the individuals who
lead entities selling foreign commercial spyware and who are
reasonably believed to be involved, have been involved, or pose
a significant risk to being or becoming involved, in activities contrary to the national security or foreign policy interests of the
United States.
(c) MEASURES TO MITIGATE COUNTERINTELLIGENCE THREATS.—
Title XI of the National Security Act of 1947 (50 U.S.C. 3231
et seq.) is amended by inserting after section 1102 the following
new section (and conforming the table of contents at the beginning
of such Act accordingly):
‘‘SEC.

1102A.

MEASURES TO MITIGATE COUNTERINTELLIGENCE
THREATS FROM PROLIFERATION AND USE OF FOREIGN
COMMERCIAL SPYWARE.

‘‘(a) DEFINITIONS.—In this section:
‘‘(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term
‘appropriate congressional committees’ means—
‘‘(A) the Select Committee on Intelligence, the Committee on Foreign Relations, the Committee on Armed Services, the Committee on Banking, Housing, and Urban
Affairs, the Committee on the Judiciary, the Committee
on Appropriations, and the Committee on Homeland Security and Governmental Affairs of the Senate; and
‘‘(B) the Permanent Select Committee on Intelligence,
the Committee on Foreign Affairs, the Committee on Armed
Services, the Committee on Financial Services, the Committee on the Judiciary, the Committee on Appropriations,
the Committee on Homeland Security, and the Committee
on Oversight and Reform of the House of Representatives.
‘‘(2) COVERED ENTITY.—The term ‘covered entity’ means
any foreign company that either directly or indirectly develops,
maintains, owns, operates, brokers, markets, sells, leases,
licenses, or otherwise makes available spyware.
‘‘(3) FOREIGN COMMERCIAL SPYWARE.—The term ‘foreign
commercial spyware’ means spyware that is developed (solely
or in partnership with a foreign company), maintained, sold,
leased, licensed, marketed, sourced (in whole or in part), or
otherwise provided, either directly or indirectly, by a foreign
company.
‘‘(4) FOREIGN COMPANY.—The term ‘foreign company’ means
a company that is incorporated or domiciled outside of the

H. R. 7776—1122
United States, including any subsidiaries or affiliates wherever
such subsidiaries or affiliates are domiciled or incorporated.
‘‘(5) SPYWARE.—The term ‘spyware’ means a tool or set
of tools that operate as an end-to-end system of software to
provide an unauthorized user remote access to information
stored on or transiting through an electronic device connected
to the Internet and not owned or operated by the unauthorized
user, including end-to-end systems that—
‘‘(A) allow an unauthorized user to remotely infect
electronic devices with malicious software, including without any action required by the user of the device;
‘‘(B) can record telecommunications or other audio captured on a device not owned by the unauthorized user;
‘‘(C) undertake geolocation, collect cell site location
information, or otherwise track the location of a device
or person using the internal sensors of an electronic device
not owned by the unauthorized user;
‘‘(D) allow an unauthorized user access to and the
ability to retrieve information on the electronic device,
including text messages, files, e-mails, transcripts of chats,
contacts, photos, and browsing history; or
‘‘(E) any additional criteria described in publicly available documents published by the Director of National Intelligence, such as whether the end-to-end system is used
outside the context of a codified lawful intercept system.
‘‘(b)
ANNUAL
ASSESSMENTS
OF
COUNTERINTELLIGENCE
THREATS.—
‘‘(1) REQUIREMENT.—Not later than 90 days after the enactment of the Intelligence Authorization Act for Fiscal Year 2023,
and annually thereafter, the Director of National Intelligence,
in coordination with the Director of the Central Intelligence
Agency, the Director of the National Security Agency, and
the Director of the Federal Bureau of Investigation, shall
submit to the appropriate congressional committees a report
with an accompanying classified annex containing an assessment of the counterintelligence threats and other risks to the
national security of the United States posed by the proliferation
of foreign commercial spyware. The assessment shall incorporate all credible data, including open-source information.
‘‘(2) ELEMENTS.—Each report under paragraph (1) shall
include the following, if known:
‘‘(A) A list of the most significant covered entities.
‘‘(B) A description of the foreign commercial spyware
marketed by the covered entities identified under subparagraph (A) and an assessment by the intelligence community
of the foreign commercial spyware.
‘‘(C) An assessment of the counterintelligence risk to
the intelligence community or personnel of the intelligence
community posed by foreign commercial spyware.
‘‘(D) For each covered entity identified in subparagraph
(A), details of any subsidiaries, resellers, or other agents
acting on behalf of the covered entity.
‘‘(E) Details of where each covered entity identified
under subparagraphs (A) and (D) is domiciled.
‘‘(F) A description of how each covered entity identified
under subparagraphs (A) and (D) is financed, where the
covered entity acquired its capital, and the organizations

H. R. 7776—1123
and individuals having substantial investments or other
equities in the covered entity.
‘‘(G) An assessment by the intelligence community of
any relationship between each covered entity identified
in subparagraphs (A) and (D) and any foreign government,
including any export controls and processes to which the
covered entity is subject.
‘‘(H) A list of the foreign customers of each covered
entity identified in subparagraphs (A) and (D), including
the understanding by the intelligence community of the
organizations and end-users within any foreign government.
‘‘(I) With respect to each foreign customer identified
under subparagraph (H), an assessment by the intelligence
community regarding how the foreign customer is using
the spyware, including whether the foreign customer has
targeted personnel of the intelligence community.
‘‘(J) With respect to the first report required under
paragraph (1), a mitigation plan to reduce the exposure
of personnel of the intelligence community to foreign
commercial spyware.
‘‘(K) With respect to each report following the first
report required under paragraph (1), details of steps taken
by the intelligence community since the previous report
to implement measures to reduce the exposure of personnel
of the intelligence community to foreign commercial
spyware.
‘‘(3) CLASSIFIED ANNEX.—In submitting the report under
subsection (2), the Director shall also include an accompanying
but separate classified annex, providing a watchlist of companies selling, leasing, or otherwise providing foreign commercial
spyware that the Director determines are engaged in activities
that pose a counterintelligence risk to personnel of the intelligence community.
‘‘(4) FORM.—Each report under paragraph (1) shall be submitted in classified form.
‘‘(5) DISSEMINATION.—The Director of National Intelligence
shall separately distribute each report under paragraph (1)
and each annex under paragraph (3) to the President, the
heads of all elements of the intelligence community, the Secretary of State, the Attorney General, the Secretary of Commerce, the Secretary of Homeland Security, the National Cyber
Director, and the heads of any other departments or agencies
the Director of National Intelligence determines appropriate.
‘‘(c) AUTHORITY TO PROHIBIT PURCHASE OR USE BY INTELLIGENCE COMMUNITY.—
‘‘(1) FOREIGN COMMERCIAL SPYWARE.—
‘‘(A) IN GENERAL.—The Director of National Intelligence may prohibit any element of the intelligence
community from procuring, leasing, or otherwise acquiring
on the commercial market, or extending or renewing a
contract to procure, lease, or otherwise acquire, foreign
commercial spyware.
‘‘(B) CONSIDERATIONS.—In determining whether and
how to exercise the authority under subparagraph (A),
the Director of National Intelligence shall consider—

H. R. 7776—1124
‘‘(i) the assessment of the intelligence community
of the counterintelligence threats or other risks to the
United States posed by foreign commercial spyware;
‘‘(ii) the assessment of the intelligence community
of whether the foreign commercial spyware has been
used to target United States Government personnel.
‘‘(iii) whether the original owner or developer
retains any of the physical property or intellectual
property associated with the foreign commercial
spyware;
‘‘(iv) whether the original owner or developer has
verifiably destroyed all copies of the data collected
by or associated with the foreign commercial spyware;
‘‘(v) whether the personnel of the original owner
or developer retain any access to data collected by
or associated with the foreign commercial spyware;
‘‘(vi) whether the use of the foreign commercial
spyware requires the user to connect to an information
system of the original owner or developer or information system of a foreign government; and
‘‘(vii) whether the foreign commercial spyware
poses a counterintelligence risk to the United States
or any other threat to the national security of the
United States.
‘‘(2) COMPANY THAT HAS ACQUIRED FOREIGN COMMERCIAL
SPYWARE.—
‘‘(A) AUTHORITY.—The Director of National Intelligence
may prohibit any element of the intelligence community
from entering into any contract or other agreement for
any purpose with a company that has acquired, in whole
or in part, any foreign commercial spyware.
‘‘(B) CONSIDERATIONS.—In considering whether and
how to exercise the authority under subparagraph (A),
the Director of National Intelligence shall consider—
‘‘(i) whether the original owner or developer of
the foreign commercial spyware retains any of the
physical property or intellectual property associated
with the spyware;
‘‘(ii) whether the original owner or developer of
the foreign commercial spyware has verifiably
destroyed all data, and any copies thereof, collected
by or associated with the spyware;
‘‘(iii) whether the personnel of the original owner
or developer of the foreign commercial spyware retain
any access to data collected by or associated with the
foreign commercial spyware;
‘‘(iv) whether the use of the foreign commercial
spyware requires the user to connect to an information
system of the original owner or developer or information system of a foreign government; and
‘‘(v) whether the foreign commercial spyware poses
a counterintelligence risk to the United States or any
other threat to the national security of the United
States.
‘‘(3) NOTIFICATIONS OF PROHIBITION.—Not later than 30
days after the date on which the Director of National Intelligence exercises the authority to issue a prohibition under

H. R. 7776—1125
subsection (c), the Director of National Intelligence shall notify
the congressional intelligence committees of such exercise of
authority. Such notice shall include—
‘‘(A) a description of the circumstances under which
the prohibition was issued;
‘‘(B) an identification of the company or product covered
by the prohibition;
‘‘(C) any information that contributed to the decision
of the Director of National Intelligence to exercise the
authority, including any information relating to counterintelligence or other risks to the national security of the
United States posed by the company or product, as assessed
by the intelligence community; and
‘‘(D) an identification of each element of the intelligence
community to which the prohibition has been applied.
‘‘(4) WAIVER AUTHORITY.—
‘‘(A) IN GENERAL.—The head of an element of the intelligence community may request from the Director of
National Intelligence the waiver of a prohibition made
under paragraph (1) or (2).
‘‘(B) DIRECTOR OF NATIONAL INTELLIGENCE DETERMINATION.—The Director of National Intelligence, upon receiving
the waiver request in subparagraph (A), may issue a waiver
for a period not to exceed one year in response to the
request from the head of an element of the intelligence
community if such waiver is in the national security
interest of the United States.
‘‘(C) NOTICE.—Not later than 30 days after approving
a waiver request pursuant to subparagraph (B), the
Director of National Intelligence 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 written
notification. The notification shall include—
‘‘(i) an identification of the head of the element
of the intelligence community that requested the
waiver;
‘‘(ii) the details of the waiver request, including
the national security interests of the United States;
‘‘(iii) the rationale and basis for the determination
that the waiver is in the national security interests
of the United States;
‘‘(iv) the considerations that informed the ultimate
determination of the Director of National Intelligence
to issue the wavier; and
‘‘(v) and any other considerations contributing to
the determination, made by the Director of National
Intelligence.
‘‘(D) WAIVER TERMINATION.—The Director of National
Intelligence may revoke a previously granted waiver at
any time. Upon revocation of a waiver, the Director of
National Intelligence shall submit a written notification
to the congressional intelligence committees, the Subcommittee on Defense of the Committee on Appropriations
of the Senate, and the Subcommittee on Defense of the

H. R. 7776—1126
Committee on Appropriations of the House of Representatives not later than 30 days after making a revocation
determination.
‘‘(5) TERMINATION OF PROHIBITION.—The Director of
National Intelligence may terminate a prohibition made under
paragraph (1) or (2) at any time. Upon termination of a prohibition, the Director of National Intelligence shall submit a
notification of the termination 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 not later than 30 days after terminating a
prohibition, detailing the basis for the termination, including
any United States national security interests that may be
affected by such termination.’’.
(d) PROTECTION OF COVERED DEVICES.—
(1) REQUIREMENT.—Not later than 120 days after the date
of the enactment of this Act, the Director of National Intelligence shall—
(A) issue standards, guidance, best practices, and policies for elements of the intelligence community to protect
covered devices from being compromised by foreign
commercial spyware;
(B) survey elements of the intelligence community
regarding the processes used by the elements to routinely
monitor covered devices for indicators of compromise associated with foreign commercial spyware; and
(C) submit to the congressional intelligence committees
a report on the sufficiency of the measures in place to
routinely monitor covered devices for indicators of compromise associated with foreign commercial spyware.
(2) FORM.—The report under paragraph (1)(C) may be submitted in classified form.
(3) COUNTERINTELLIGENCE NOTIFICATIONS.—Not later than
30 days after the date on which an element of the intelligence
community becomes aware that a covered device was targeted
or compromised by foreign commercial spyware, the Director
of National Intelligence, in coordination with the Director of
the Federal Bureau of Investigation, shall notify 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 of such determination,
including—
(A) the component of the element and the location
of the personnel whose covered device was targeted or
compromised;
(B) the number of covered devices compromised or
targeted;
(C) an assessment by the intelligence community of
the damage to national security of the United States
resulting from any loss of data or sensitive information;
(D) an assessment by the intelligence community of
any foreign government, or foreign organization or entity,
and, to the extent possible, the foreign individuals, who
directed and benefitted from any information acquired from
the targeting or compromise; and

H. R. 7776—1127
(E) as appropriate, an assessment by the intelligence
community of the capacity and will of such governments
or individuals to continue targeting personnel of the United
States Government.
(4) PRIVATE SECTOR PARTNERSHIPS.—Section 904(d)(7) of
the Counterintelligence Enhancement Act of 2002 (50 U.S.C.
3383(d)(7)) is amended by adding at the end the following
new paragraph:
‘‘(E) VULNERABILITIES FROM FOREIGN COMMERCIAL
SPYWARE.—
‘‘(i) CONSULTATION.—In carrying out efforts to
secure covered devices, to consult with the private
sector of the United States and reputable third-party
researchers to identify vulnerabilities from foreign
commercial spyware (as defined in section 1102A(a)
of the National Security Act of 1947) and maintain
effective security measures for such devices.
‘‘(ii) COVERED DEVICE DEFINED.—In this subparagraph, the term ‘covered device’ means any electronic
mobile device including smartphones, tablet computing
devices, or laptop computing devices, that is issued
by an element of the intelligence community for official
use.’’.
(e) NO ENHANCED AUTHORITIES.—Nothing in this section or
an amendment made by this section shall be construed as
enhancing, or otherwise changing, the authorities of the intelligence
community to target, collect, process, or disseminate information
regarding United States Government personnel.
(f) REPORT ON HARMONIZATION AMONG ALLIED COUNTRIES.—
(1) REQUIREMENT.—Not later than 30 days after the date
of the enactment of this Act, the Director of National Intelligence shall submit to the congressional intelligence committees, the 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 the potential for the United States to lead
an effort to devise and implement a common approach with
allied countries as the Director determines appropriate,
including the Five Eyes Partnership, to mitigate the counterintelligence risks posed by the proliferation of foreign commercial spyware, including by seeking commitments to implement
measures similar to the requirements under this section and
section 1102A of the National Security Act of 1947 (50 U.S.C.
3231 et seq.), as added by this section.
(2) FORM.—The report under paragraph (1) shall be submitted in unclassified form, but may contain a classified annex,
consistent with the protection of intelligence sources and
methods.
SEC. 6319. PERSONNEL VETTING PERFORMANCE MEASURES.

(a) DEFINITIONS OF CONTINUING VETTING; COUNCIL; SECURITY
EXECUTIVE AGENT.—In this section, the terms ‘‘continuous vetting’’,
‘‘Council’’, and ‘‘Security Executive Agent’’ have the meanings given
those terms in section 6601 of the Damon Paul Nelson and Matthew
Young Pollard Intelligence Authorization Act for Fiscal Years 2018,
2019, and 2020 (50 U.S.C. 3352).

H. R. 7776—1128
(b) MEASURES.—Not later than 180 days after the date of
the enactment of this Act and consistent with section 807 of the
Intelligence Authorization Act for Fiscal Year 2022 (Public Law
117–103), the Director of National Intelligence, acting as the Security Executive Agent, and in coordination with the Chair and other
principals of the Council, shall develop performance measures to
assess the vetting of personnel, including measures to assess continuous vetting and the quality of each phase of the personnel vetting
process, including the initiation, investigation, and adjudication
phases.
(c) REPORT.—
(1) REQUIREMENT.—Not later than 180 days after the date
of the enactment of this Act, the Director of National Intelligence shall submit to Congress a report describing the
performance measures developed under subsection (b).
(2) ELEMENTS.—The report under paragraph (1) shall
include the following:
(A) A description of how departments and agencies
of the United States Government have implemented Security Executive Agent Directive 6 titled ‘‘Continuous Evaluation’’ and related personnel vetting performance measures
to ensure that implementation is efficient and effective,
including the resources expended by each department or
agency for continuous vetting and whether departments
and agencies are identifying security-relevant information
in a timely manner.
(B) A description of the performance measures the
Director of National Intelligence and the Secretary of
Defense use to assess the quality of each phase of the
personnel vetting process, including initiation, investigation, adjudication, reinvestigation, and continuous vetting.
(C) How such performance measures meet key
attributes for successful performance measures as described
in the report of the Comptroller General of the United
States titled ‘‘Personnel Vetting: Actions Needed to Implement Reforms, Address Challenges, and Improve Planning’’
(GAO–22–104093).
(D) Any impediments or constraints relating to the
implementation of Security Executive Agent Directive 6
or the development of such performance measures to assess
the quality of the personnel vetting process.
SEC. 6320. PROACTIVE CYBERSECURITY.

(a) SURVEY OF ELEMENTS.—Pursuant to section 103G(b)(1) of
the National Security Act (50 U.S.C. 3032(b)(1)), not later than
1 year after the date of the enactment of this Act, the Chief
Information Officer of the Intelligence Community shall conduct
a survey of each element of the intelligence community on the
use by that element of proactive cybersecurity initiatives, continuous activity security testing, and active defense techniques.
(b) REPORT BY CHIEF INFORMATION OFFICER.—
(1) REPORT.—Not later than 1 year after the date of the
completion of the survey under subsection (a), the Chief
Information Officer of the Intelligence Community shall submit
to the congressional intelligence committees, the Subcommittee
on Defense of the Committee on Appropriations of the Senate,

H. R. 7776—1129
and the Subcommittee on Defense of the Committee on Appropriations of the House of Representatives a report on proactive
cybersecurity initiatives, continuous activity security testing,
and active defense techniques. Such report shall include the
following:
(A) The results of the survey of each element of the
intelligence community conducted under subsection (a),
including—
(i) examples of any successes against attackers
who breached an information system of an element
of the intelligence community; and
(ii) concerns, limitations, and associated recommendations relating to innovative uses of proactive
cybersecurity initiatives.
(B) An analysis of the feasibility, costs, and benefits
of consolidating oversight and implementation of such
methods within the intelligence community, including
whether such consolidation would significantly enhance
defense.
(C) An analysis of any statutory or policy limitations
on the ability of the Director of National Intelligence, or
the head of any element of the intelligence community,
to carry out such methods on behalf of an element of
the intelligence community or multiple such elements.
(D) An analysis of the relationships between and
among the intelligence community, the Department of
Defense, the Cybersecurity and Infrastructure Security
Agency of the Department of Homeland Security, national
laboratories, and the private sector, and whether such relationships should be enhanced to protect national security
systems of the intelligence community through proactive
cybersecurity measures.
(E) With respect to active defense techniques, a discussion of the effectiveness of such techniques to protect the
information systems of the elements of the intelligence
community, any constraints that hinder such techniques,
and associated recommendations.
(F) With respect to continuous activity security testing,
a discussion of—
(i) how an information system operates under
normal and intended use, compared to how such system
operates under a variety of adverse conditions and
scenarios; and
(ii) the feasibility of the adoption of continuous
activity security testing among the intelligence community.
(G) Recommendations for legislative action and further
resources relating to the successful use of proactive cybersecurity initiatives, deception environments, and continuous
activity security testing.
(2) FORM.—The report under paragraph (1) may be submitted in classified form.
(c) DEFINITIONS.—In this section:
(1) ACTIVE DEFENSE TECHNIQUE.—The term ‘‘active defense
technique’’ means an action taken on an information system
of an element of the intelligence community to increase the
security of such system against an attacker, including—

H. R. 7776—1130
(A) the use of a deception technology or other purposeful feeding of false or misleading information to an attacker
accessing such system; or
(B) proportional action taken in response to an unlawful breach.
(2) CONTINUOUS ACTIVITY SECURITY TESTING.—The term
‘‘continuous activity security testing’’ means continuous
experimentation conducted by an element of the intelligence
community on an information system of such element to
evaluate the resilience of such system against a malicious
attack or condition that could compromise such system for
the purpose of improving design, resilience, and incident
response with respect to such system.
(3) DECEPTION TECHNOLOGY.—The term ‘‘deception technology’’ means an isolated digital environment, system, or platform containing a replication of an active information system
with realistic data flows to attract, mislead, and observe an
attacker.
(4) INTELLIGENCE COMMUNITY INFORMATION ENVIRONMENT.—The term ‘‘intelligence community information environment’’ has the meaning given the term in Intelligence Community Directive 121, or any successor document.
(5) NATIONAL LABORATORY.—The term ‘‘national laboratory’’
has the meaning given that term in section 2 of the Energy
Policy Act of 2005 (42 U.S.C. 15801).
(6) NATIONAL MANAGER FOR NATIONAL SECURITY SYSTEMS.—
The term ‘‘National Manager for National Security Systems’’
means the Director of National Security, or successor official,
serving as the National Manager for National Security Systems
pursuant to National Security Directive 42, or any successor
document.
(7) NATIONAL SECURITY SYSTEM.—The term ‘‘national security system’’ has the meaning given that term in section 3552
of title 44, United States Code.
(8) PROACTIVE CYBERSECURITY INITIATIVES.—The term
‘‘proactive cybersecurity initiatives’’ means actions performed
periodically and continuously within an organization, focused
on identifying and eliminating vulnerabilities within the network infrastructure, preventing security breaches, and evaluating the effectiveness of the business security posture in realtime, including threat hunting, endpoint and network monitoring, and cybersecurity awareness and training.

TITLE LXIV—MATTERS RELATING TO
ELEMENTS OF THE INTELLIGENCE
COMMUNITY
Subtitle A—Office of the Director of
National Intelligence
SEC. 6401. MODIFICATIONS TO RESPONSIBILITIES AND AUTHORITIES
OF DIRECTOR OF NATIONAL INTELLIGENCE.

Section 102A of the National Security Act of 1947 (50 U.S.C.
3024), as amended by section 6314, is further amended—

H. R. 7776—1131
(1) in subsection (c)(5)(C), by striking ‘‘may’’ and inserting
‘‘shall’’;
(2) in subsection (h)—
(A) in paragraph (1)(A)—
(i) by striking ‘‘encourage’’ and inserting ‘‘require’’;
and
(ii) by inserting ‘‘, independent of political considerations,’’ after ‘‘tradecraft’’; and
(B) by amending paragraph (3) to read as follows;
‘‘(3) ensure that substantial differences in analytic judgment are fully considered, brought to the attention of policymakers, and documented in analytic products; and’’;
(3) in subsection (i)—
(A) in paragraph (1), by inserting ‘‘, and shall establish
and enforce policies to protect,’’ after ‘‘protect’’;
(B) in paragraph (2), by striking ‘‘guidelines’’ and
inserting ‘‘requirements’’; and
(C) by adding at the end the following new paragraph:
‘‘(4)(A) Each head of an element of the intelligence community
shall ensure that any congressionally mandated report submitted
to Congress by the head, other than such a report submitted solely
to the congressional intelligence committees, shall be consistent
with the protection of intelligence sources and methods in accordance with the policies established by the Director under paragraph
(1), regardless of whether the provision of law mandating the report
explicitly requires such protection.
‘‘(B) Nothing in this paragraph shall be construed to alter
any congressional leadership’s or congressional committee’s jurisdiction or access to information from any element of the intelligence
community under the rules of either chamber of Congress.’’; and
(4) in subsection (x), in the matter preceding paragraph
(1), by striking ‘‘the head of each department of the Federal
Government that contains an element of the intelligence
community and the Director of the Central Intelligence Agency’’
and inserting ‘‘the heads of the elements of the intelligence
community’’.
SEC. 6402. ANNUAL SUBMISSION TO CONGRESS OF NATIONAL INTELLIGENCE PRIORITIES FRAMEWORK.

Section 102A(p) of the National Security Act of 1947 (50 U.S.C.
3024(p)) is amended by inserting at the end the following new
paragraph:
‘‘(3) Not later than October 1 of each year, the President,
acting through the Director of National Intelligence, 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 copy of the most recently updated
National Intelligence Priorities Framework of the Office of the
Director of National Intelligence (or any such successor mechanism).’’.
SEC. 6403. DISPOSITION OF RECORDS OF OFFICE OF THE DIRECTOR
OF NATIONAL INTELLIGENCE.

Section 1096(a) of the Intelligence Reform and Terrorism
Prevention Act of 2004 (Public Law 108–458; 50 U.S.C. 3001 note)
is amended—
(1) by inserting ‘‘(1)’’ before ‘‘Upon’’;

H. R. 7776—1132
(2) by adding at the end the following new sentence: ‘‘Any
records of the Office of the Director of National Intelligence
that are maintained by the agency as a service for the Office
of the Director of National Intelligence under section 1535
of title 31, United States Code, (popularly known as the
‘Economy Act’) may be treated as the records of the agency
when dispositioned as required by law, and any disclosure
of such records between the two agencies shall not be subject
to any otherwise applicable legal consent requirements or
disclosure accounting requirements.’’; and
(3) by adding at the end the following new paragraph:
‘‘(2) The records of the Office of the Director of National Intelligence may not be dispositioned pursuant to paragraph (1) without
the authorization of the Director of National Intelligence.’’.

Subtitle B—Central Intelligence Agency
SEC. 6411. CLARIFICATION REGARDING PROTECTION OF CENTRAL
INTELLIGENCE AGENCY FUNCTIONS.

Section 6 of the Central Intelligence Agency Act of 1949 (50
U.S.C. 3507) is amended by striking ‘‘, functions’’ and inserting
‘‘or functions of the Agency, or of the’’.
SEC. 6412. EXPANSION OF REPORTING REQUIREMENTS RELATING TO
AUTHORITY TO PAY PERSONNEL OF CENTRAL INTELLIGENCE AGENCY FOR CERTAIN INJURIES TO THE BRAIN.

Section 2(d)(1) of the Helping American Victims Afflicted by
Neurological Attacks Act of 2021 (Public Law 117–46) is amended—
(1) in subparagraph (A), by inserting ‘‘and not less frequently than once each year thereafter for 5 years’’ after ‘‘Not
later than 365 days after the date of the enactment of this
Act’’;
(2) in subparagraph (B), by adding at the end the following:
‘‘(iv) Detailed information about the number of
covered employees, covered individuals, and covered
dependents who reported experiencing vestibular,
neurological, or related injuries, including those
broadly termed ‘anomalous health incidents’.
‘‘(v) The number of individuals who have sought
benefits under any provision of section 19A of the
Central Intelligence Agency Act of 1949 (50 U.S.C.
3519b).
‘‘(vi) The number of covered employees, covered
individuals, and covered dependents who are unable
to perform all or part of their professional duties as
a result of injuries described in clause (iv).
‘‘(vii) An updated analytic assessment coordinated
by the National Intelligence Council regarding the
potential causes and perpetrators of anomalous health
incidents, as well as any and all dissenting views
within the intelligence community, which shall be
included as appendices to the assessment.’’; and
(3) in subparagraph (C), by striking ‘‘The’’ and inserting
‘‘Each’’.

H. R. 7776—1133
SEC. 6413. HISTORICAL ADVISORY PANEL OF CENTRAL INTELLIGENCE
AGENCY.

(a) SENSE OF CONGRESS.—It is the sense of Congress that
Congress expresses its appreciation—
(1) to the Director of the Central Intelligence Agency for
reconstituting the Historical Advisory Panel; and
(2) for the important work of the Historical Advisory Panel,
especially for—
(A) the efforts of the Panel to aid with the declassification of materials that enrich the historical national security
record; and
(B) the assistance of the Panel in liaison with the
scholarly community.
(b) REPORTING REQUIREMENT.—The Historical Advisory Panel
shall report directly to the Director of the Central Intelligence
Agency.
(c) HISTORICAL ADVISORY PANEL DEFINED.—The term ‘‘Historical Advisory Panel’’ means the panel of the Central Intelligence
Agency, regardless of the name of the panel, that assists in conducting declassification reviews and providing other assistance with
respect to matters of historical interest.
SEC. 6414. AUTHORITY OF CENTRAL INTELLIGENCE AGENCY TO PROVIDE PROTECTION FOR CERTAIN PERSONNEL.

(a) AUTHORITY.—Paragraph (4) of section 5(a) of the Central
Intelligence Agency Act of 1949 (50 U.S.C. 3506(a)), as amended
by section 6303, is further amended to read as follows:
‘‘(4) Authorize personnel designated by the Director to carry
firearms to the extent necessary for the performance of the Agency’s
authorized functions, except that, within the United States, such
authority shall be limited to the purposes of—
‘‘(A) the training of Agency personnel and other authorized
persons in the use of firearms;
‘‘(B) the protection of classified materials and information;
‘‘(C) the protection of installations and property of the
Agency;
‘‘(D) the protection of—
‘‘(i) current and former Agency personnel and their
immediate families;
‘‘(ii) individuals nominated by the President to the
position of Director (including with respect to an individual
whom a President-elect (as defined in section 3(c) of the
Presidential Transition Act of 1963 (3 U.S.C. 102 note)
has declared an intent to nominate) and their immediate
families; and
‘‘(iii) defectors and their immediate families, and other
persons in the United States under Agency auspices; and
‘‘(E) with respect to the Office of the Director of National
Intelligence, the protection of—
‘‘(i) installations and property of the Office of the
Director of National Intelligence;
‘‘(ii) the Director of National Intelligence and the immediate family of the Director;
‘‘(iii) current and former personnel of the Office of
the Director of National Intelligence and their immediate
families as the Director of National Intelligence may designate; and

H. R. 7776—1134
‘‘(iv) individuals nominated by the President to the
position of Director of National Intelligence (including with
respect to an individual whom a President-elect has
declared an intent to nominate) and their immediate families;’’.
(b) CONFORMING AMENDMENT.—Section 15(d)(1) of such Act
(50 U.S.C. 3515(d)(1)) is amended by striking ‘‘designated by the
Director under section 5(a)(4) to carry firearms for the protection
of current or former Agency personnel and their immediate families,
defectors and their immediate families, and other persons in the
United States under Agency auspices,’’ and inserting the following:
‘‘designated by the Director to carry firearms under subparagraph
(D) or (E) of section 5(a)(4),’’.
(c) TECHNICAL AMENDMENT.—Paragraphs (7) and (8) of section
5(a) of such Act (50 U.S.C. 3506(a)) are amended by adjusting
the margins to conform with the other paragraphs in such section.
SEC.

6415.

NOTIFICATION
AUTHORITIES.

OF

USE

OF

CERTAIN

EXPENDITURE

(a) CIA.—Section 8 of the Central Intelligence Agency Act of
1949 (50 U.S.C. 3510) is amended by adding at the end the following
new subsection:
‘‘(c) NOTIFICATION.—Not later than 30 days after the date on
which the Director makes a novel and significant expenditure pursuant to subsection (a), the Director shall notify the Permanent Select
Committee on Intelligence of the House of Representatives, the
Select Committee on Intelligence of the Senate, 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 of such expenditure.’’.
(b) OTHER ELEMENTS.—Section 102A of the National Security
Act of 1947 (50 U.S.C. 3024), as amended by section 6402, is
further amended—
(1) in subsection (m)(1), by inserting before the period
at the end the following: ‘‘, including with respect to the notification requirement under section 8(c) of such Act (50 U.S.C.
3510(c))’’; and
(2) in subsection (n), by adding at the end the following
new paragraph:
‘‘(5) Any authority provided to the Director of National Intelligence or the head of an element of the intelligence community
pursuant to this subsection to make an expenditure referred to
in subsection (a) of section 8 of the Central Intelligence Agency
Act of 1949 (50 U.S.C. 3510) is subject to the notification requirement under subsection (c) of such section. If the Director of National
Intelligence is required to make a notification for a specific expenditure pursuant to both this paragraph and paragraph (4)(G), the
Director may make a single notification.’’.
SEC. 6416. OFFICE SUPPORTING CENTRAL INTELLIGENCE AGENCY
WORKFORCE WELLBEING.

(a) ESTABLISHMENT.—The Central Intelligence Agency Act of
1949 (50 U.S.C. 3501 et seq.) is amended by adding at the end
the following new section:
‘‘SEC. 29. OFFICE OF WELLNESS AND WORKFORCE SUPPORT.

‘‘(a) ESTABLISHMENT.—The Director shall establish within the
Agency an office (in this section referred to as the ‘Office’) to

H. R. 7776—1135
provide support for the physical health, mental health, and
wellbeing of eligible individuals under subsection (d).
‘‘(b) CHIEF WELLBEING OFFICER; ASSIGNED STAFF.—
‘‘(1) CHIEF WELLBEING OFFICER.—The head of the Office
is the Chief Wellbeing Officer, who shall provide to the Director
regular updates on the operations of the Office.
‘‘(2) ASSIGNED STAFF.—To assist in performing the functions
under subsection (c), the Director shall assign to the Office
a sufficient number of individuals, who shall have no official
duties other than duties related to the Office while so assigned.
‘‘(c) FUNCTIONS OF OFFICE.—
‘‘(1) FUNCTIONS.—The Director shall establish the functions
and role of the Office, which shall include the following:
‘‘(A) Providing to eligible individuals under subsection
(d) advice and assistance on health and wellbeing, including
with respect to—
‘‘(i) physical health and access to physical health
care;
‘‘(ii) mental health and access to mental health
care; and
‘‘(iii) other related programs and benefits for which
the individual may be eligible.
‘‘(B) In providing advice and assistance to individuals
under subparagraph (A), assisting such individuals who
are applying for, and navigating the process to obtain,
benefits furnished by the United States Government for
which the individual is eligible, including, at a minimum—
‘‘(i) health care and benefits described in such
subparagraph; and
‘‘(ii) benefits furnished pursuant to section 19A.
‘‘(C) Maintaining, and making available to eligible
individuals under subsection (d), the following:
‘‘(i) A list of physicians and mental health care
providers (including from the private sector, as
applicable), who have experience with the physical and
mental health care needs of the Agency workforce.
‘‘(ii) A list of chaplains and religious counselors
who have experience with the needs of the Agency
workforce, including information regarding access to
the Chaplain Corps established under section 26.
‘‘(iii) Information regarding how to select and
retain private attorneys who have experience with the
legal needs of the Agency workforce, including detailed
information on the process for the appropriate sharing
of information with retained private attorneys.
‘‘(D) Any other functions the Director determines
appropriate.
‘‘(2) RULE OF CONSTRUCTION.—The inclusion of any person
on a list maintained or made available pursuant to paragraph
(1)(C) shall not be construed as an endorsement of such person
(or any service furnished by such person), and the Director
shall not be liable, as a result of such inclusion, for any portion
of compensable injury, loss, or damage attributable to such
person or service.
‘‘(3) CONFIDENTIALITY.—
‘‘(A) REQUIREMENT.—The Director shall ensure that,
to the extent permitted by law, the advice and assistance

H. R. 7776—1136
provided by the Office to eligible individuals under subsection (d) is provided in a confidential manner.
‘‘(B) REGULATIONS.—The Director may prescribe regulations regarding the requirement for confidentiality under
this paragraph. The Director shall submit to the congressional intelligence committees (as defined in section 3 of
the National Security Act of 1947 (50 U.S.C. 3003)), 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 any such regulations not later than 30 days
after prescribing such regulations.
‘‘(d) ELIGIBILITY.—
‘‘(1) IN GENERAL.—An individual described in paragraph
(2) may receive a service under the Office at the election of
the individual.
‘‘(2) INDIVIDUALS DESCRIBED.—An individual described in
this paragraph is—
‘‘(A) a current or former officer or employee of the
Agency; or
‘‘(B) an individual affiliated with the Agency, as determined by the Director.’’.
(b) DEADLINE FOR ESTABLISHMENT.—The Director of the Central
Intelligence Agency shall establish the Office under section 29 of
the Central Intelligence Agency Act of 1949 (as added by subsection
(a)) (in this section referred to as the ‘‘Office’’) by not later than
120 days after the date of the enactment of this Act.
(c) BIANNUAL BRIEFINGS.—On a biannual basis during the
three-year period beginning on the date of the establishment of
the Office, the Director shall provide 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 briefing on the status of the Office, including on—
(1) the number of individuals assigned to the Office pursuant to subsection (b)(2) of section 29 of the Central Intelligence
Agency Act of 1949 (as added by subsection (a)); and
(2) the number of eligible individuals under subsection
(d) of such section 29 who have received services under the
Office, and the type of services so received.

Subtitle C—Elements of the Defense
Intelligence Enterprise
SEC. 6421. INCLUSION OF SPACE FORCE AS ELEMENT OF INTELLIGENCE COMMUNITY.

Section 3(4)(H) of the National Security Act of 1947 (50 U.S.C.
3003(4)(H)) is amended by inserting ‘‘the Space Force,’’ after ‘‘the
Marine Corps,’’.
SEC. 6422. OVERSIGHT OF DEFENSE INTELLIGENCE AGENCY CULTURE.

(a) DEFINITIONS.—In this section:
(1) APPROPRIATE COMMITTEES OF CONGRESS.—The term
‘‘appropriate committees of Congress’’ means—
(A) the congressional intelligence committees;
(B) the Committee on Armed Services of the Senate;

H. R. 7776—1137
(C) the Subcommittee on Defense of the Committee
on Appropriations of the Senate;
(D) the Committee on Armed Services of the House
of Representatives; and
(E) the Subcommittee on Defense of the Committee
on Appropriations of the House of Representatives.
(2) WORKFORCE CLIMATE SURVEY.—The term ‘‘workforce climate survey’’—
(A) means a workforce engagement or climate survey
conducted at the agency, directorate, career field, or
integrated intelligence center level, without regard to
whether the survey is conducted on an annual or ad-hoc
basis; and
(B) does not include an exit survey specified in subsection (c).
(b) FINDINGS.—Congress finds that the Defense Intelligence
Agency has committed to improving Agency culture and leadership;
however, actions taken by the Agency as of the date of the enactment of this Act have not enabled a full assessment of the extent
of workforce culture issues and potential management abuses, and
require additional Congressional oversight to ensure concerns are
both understood and addressed.
(c) MANDATORY PROVISION OF EXIT SURVEY OR INTERVIEW.—
(1) IN GENERAL.—The Director of the Defense Intelligence
Agency shall ensure that each employee of such Agency who
leaves employment with such Agency (but not including any
detail assignment) completes an exit survey or exit interview
prior to such departure, to the extent practicable.
(2) ANNUAL SUBMISSIONS TO CONGRESS.—On an annual
basis during the 3-year period beginning on the date of the
enactment of this Act, the Director of the Defense Intelligence
Agency shall submit to the appropriate committees of Congress
a written analysis of the results of the exit surveys or exit
interviews completed pursuant to paragraph (1) during the
year covered by the report together with a plan of the Director
to address any issues identified pursuant to such results to
improve retention and culture.
(d) CONGRESSIONAL OVERSIGHT RELATING TO WORKFORCE CLIMATE SURVEYS.—
(1) NOTIFICATIONS OF AD-HOC WORKFORCE CLIMATE SURVEYS.—Not later than 14 days after the date on which the
Director of the Defense Intelligence Agency conducts an adhoc workforce climate survey (including in response to a specific
incident or concern), the Director shall notify the appropriate
committees of Congress.
(2) REPORTS ON FINAL RESULTS.—Not later than 90 days
after the date on which the Director of the Defense Intelligence
Agency concludes the conduct of any workforce climate survey,
the Director shall submit to the appropriate committees of
Congress a report containing the final results of such workforce
climate survey. Such report shall include the following:
(A) The topic of the workforce climate survey, and
the workforce level surveyed.
(B) The rationale for conducting the workforce climate
survey.
(C) The measures in place to ensure the accessibility
of the workforce climate survey.

H. R. 7776—1138
(D) The lead official or entity conducting the workforce
climate survey.
(E) Any actions the Director intends to take, or is
considering, in response to the results of the workforce
climate survey.
(3) ACCESSIBILITY OF WORKFORCE CLIMATE SURVEYS.—The
Director of the Defense Intelligence Agency shall ensure that,
to the extent practicable, and consistent with the protection
of intelligence sources and methods, workforce climate surveys
are accessible to employees of such Agency on classified and
unclassified systems.
(e) FEASIBILITY REPORT.—Not later than 270 days after the
date of enactment of this Act, the Director of the Defense Intelligence Agency shall submit to the appropriate committees of Congress a report containing an analysis of the feasibility (including
the anticipated cost, personnel requirements, necessary authorities,
and such other matters as may be determined appropriate by the
Director for purposes of analyzing feasibility) of—
(1) conducting 360-degree performance reviews among
employees of the Defense Intelligence Agency; and
(2) including leadership suitability assessments (including
personality evaluations, communication style assessments, and
emotional intelligence aptitude assessments) for promotions of
such employees to a position within grade GS–14 or above
of the General Schedule.

Subtitle D—Other Elements
SEC. 6431. MODIFICATION OF ADVISORY BOARD IN NATIONAL RECONNAISSANCE OFFICE.

Section 106A(d) of the National Security Act of 1947 (50 U.S.C.
3041a(d)) is amended—
(1) in paragraph (3)(A)(i), by inserting ‘‘, in consultation
with the Director of National Intelligence and the Secretary
of Defense,’’ after ‘‘Director’’; and
(2) in paragraph (7), by striking ‘‘the date that is 3 years
after the date of the first meeting of the Board’’ and inserting
‘‘September 30, 2024’’.
SEC. 6432. ESTABLISHMENT OF ADVISORY BOARD FOR NATIONAL
GEOSPATIAL-INTELLIGENCE AGENCY.

(a) ESTABLISHMENT.—There is established in the National
Geospatial-Intelligence Agency an advisory board (in this section
referred to as the ‘‘Board’’).
(b) DUTIES.—The Board shall—
(1) study matters relating to the mission of the National
Geospatial-Intelligence Agency, including with respect to
integration of commercial capabilities, promoting innovation,
advice on next generation tasking, collection, processing, exploitation, and dissemination capabilities, strengthening functional
management, acquisition, and such other matters as the
Director of the National Geospatial-Intelligence Agency considers appropriate; and
(2) advise and report directly to the Director with respect
to such matters.
(c) MEMBERS.—

H. R. 7776—1139
(1) NUMBER AND APPOINTMENT.—
(A) IN GENERAL.—The Board shall be composed of 6
members appointed by the Director from among individuals
with demonstrated academic, government, business, or
other expertise relevant to the mission and functions of
the Agency.
(B) NOTIFICATION.—Not later than 30 days after the
date on which the Director appoints a member to the
Board, the Director shall notify the congressional intelligence committees and the congressional defense committees (as defined in section 101(a) of title 10, United States
Code) of such appointment.
(C) INITIAL APPOINTMENTS.—Not later than 180 days
after the date of the enactment of this Act, the Director
shall appoint the initial 6 members to the Board.
(2) TERMS.—Each member shall be appointed for a term
of 3 years.
(3) VACANCY.—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.
(4) CHAIR.—The Board shall have a Chair, who shall be
appointed by the Director from among the members.
(5) TRAVEL EXPENSES.—Each member shall receive travel
expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter
57 of title 5, United States Code.
(6) EXECUTIVE SECRETARY.—The Director may appoint an
executive secretary, who shall be an employee of the Agency,
to support the Board.
(d) MEETINGS.—The Board shall meet not less than quarterly,
but may meet more frequently at the call of the Director.
(e) REPORTS.—Not later than March 31 of each year, the Board
shall submit to the Director and to the congressional intelligence
committees, the Committee on Appropriations of the Senate, and
the Committee on Appropriations of the House of Representatives
a report on the activities and significant findings of the Board
during the preceding year.
(f) NONAPPLICABILITY OF CERTAIN REQUIREMENTS.—The Federal
Advisory Committee Act (5 U.S.C. App.) shall not apply to the
Board.
(g) TERMINATION.—The Board shall terminate on the date that
is 5 years after the date of the first meeting of the Board.
SEC. 6433. ELEVATION OF THE COMMERCIAL AND BUSINESS OPERATIONS OFFICE OF THE NATIONAL GEOSPATIAL-INTELLIGENCE AGENCY.

Beginning not later than 90 days after the date of the enactment of this Act, the head of the commercial and business operations
office of the National Geospatial-Intelligence Agency shall report
directly to the Director of the National Geospatial-Intelligence
Agency.
SEC. 6435. STUDY ON PERSONNEL UNDER STRATEGIC INTELLIGENCE
PARTNERSHIP PROGRAM.

(a) STUDY.—The Director of National Intelligence and the
Director of the Office of Intelligence and Counterintelligence of

H. R. 7776—1140
the Department of Energy, in consultation with the National Laboratories Directors’ Council and in coordination with such other
entities, agencies, and departments as the Directors consider appropriate, shall jointly conduct a study of the skills, recruitment,
and retention of the personnel at the national laboratories who
carry out projects under the Strategic Intelligence Partnership Program.
(b) ELEMENTS.—The study under subsection (a) shall address
the following:
(1) The degree to which the personnel at the national
laboratories who carry out projects under the Strategic Intelligence Partnership Program have the requisite training,
skillsets, or expertise in critical science, technology, and
engineering areas to support ongoing and anticipated projects
under such Program, and the sufficiency of such personnel.
(2) Whether such personnel have compensation, benefits,
and pay scales that are competitive with comparable roles
in the private sector in the geographic market in which the
relevant national laboratory is located.
(3) Any challenges associated with the retention of such
personnel.
(4) The talent composition of such personnel, broken down
by career phase and degree status, to include any relevant
exit survey data.
(5) A description of current or previous programs to
enabling such personnel to rotate between elements of the
intelligence community and the national laboratories, including
the number of personnel on nonreimbursable or reimbursable
assignment to an element of the intelligence community.
(6) The degree to which such projects and personnel support
or augment other ongoing mission areas and capacities at the
national laboratories.
(c) RECOMMENDATIONS.—Upon completing the study under subsection (a), the Directors shall jointly develop findings and recommendations based on the results of the study regarding the
recruitment and retention of personnel at the national laboratories
who carry out projects under the Strategic Intelligence Partnership
Program, including with respect to the following:
(1) New or alternative business models, sponsorship
arrangements, or work scope agreements.
(2) Extending eligibility for existing, or establishing new,
recruitment, retention, or other career incentive programs,
including student loan repayment and forgiveness programs,
to such personnel.
(3) Initiating geographically flexible or remote work
arrangements for such personnel.
(4) Enabling such personnel to participate in training at
elements of the intelligence community, or obtain academic
training at the National Intelligence University.
(5) Establishing new, or enhancing existing, opportunities
for detailee or rotational programs among the intelligence
community and the national laboratories.
(6) Using a compensation system modeled on the Cyber
Talent Management System of the Department of Homeland
Security for such personnel.
(7) Any other recommendations the Directors determine
relevant.

H. R. 7776—1141
(d) REPORT.—
(1) REQUIREMENT.—Not later than 1 year after the date
of the enactment of this Act, the Directors shall jointly 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 containing
the study under subsection (a) and the recommendations under
subsection (c).
(2) FORM.—The report under paragraph (1) shall be submitted in unclassified form, but may include a classified annex.
(e) NATIONAL LABORATORIES DEFINED.—In this section, the
term ‘‘national laboratories’’ means—
(1) each national security laboratory (as defined in section
3281(1) of the National Nuclear Security Administration Act
(50 U.S.C. 2471(1))); and
(2) each national laboratory of the Department of Energy.
SEC. 6436. BRIEFING ON COORDINATION BETWEEN INTELLIGENCE
COMMUNITY AND BUREAU OF INDUSTRY AND SECURITY.

(a) DEFINITION OF APPROPRIATE CONGRESSIONAL COMMITthis section, the term ‘‘appropriate congressional committees’’ means—
(1) the congressional intelligence committees;
(2) the Committee on Foreign Relations, the Committee
on Armed Services, the Committee on Banking, Housing, and
Urban Affairs, the Committee on Commerce, Science, and
Transportation, and the Subcommittee on Defense of the Committee on Appropriations of the Senate; and
(3) the Committee on Foreign Affairs, the Committee on
Armed Services, the Committee on Financial Services, the Committee on Energy and Commerce, and the Subcommittee on
Defense of the Committee on Appropriations of the House of
Representatives.
(b) CLASSIFIED BRIEFING.—Not later than 90 days after the
date of the enactment of this Act, the Director of National Intelligence and the Secretary of Commerce, or their designees, shall
jointly provide a classified briefing to the appropriate congressional
committees regarding—
(1) coordination between the intelligence community and
the Bureau of Industry and Security of the Department of
Commerce;
(2) existing processes of the Bureau for the access to, storage of, transmission of, and use of information provided to
the Bureau by an element of the intelligence community; and
(3) such recommendations as the Director and the Secretary
may have to enhance such access, storage, transmission, and
use.
TEES.—In

H. R. 7776—1142

TITLE LXV—MATTERS RELATING TO
FOREIGN COUNTRIES
Subtitle A—Intelligence Matters Relating
to the People’s Republic of China
SEC. 6501. REPORT ON WEALTH AND CORRUPT ACTIVITIES OF THE
LEADERSHIP OF THE CHINESE COMMUNIST PARTY.

Not later than 1 year after the date of the enactment of this
Act, the Director of National Intelligence, in consultation with the
Secretary of State, shall make available to the public an unclassified
report on the wealth and corrupt activities of the leadership of
the Chinese Communist Party, including the General Secretary
of the Chinese Communist Party and senior leadership officials
in the Central Committee, the Politburo, the Politburo Standing
Committee, and any other regional Party Secretaries.
SEC. 6502. IDENTIFICATION AND THREAT ASSESSMENT OF COMPANIES
WITH INVESTMENTS BY THE PEOPLE’S REPUBLIC OF
CHINA.

(a) DEFINITION OF APPROPRIATE COMMITTEES OF CONGRESS.—
In this section, the term ‘‘appropriate committees of Congress’’
means—
(1) the congressional intelligence committees;
(2) the Committee on Commerce, Science, and Transportation and the Subcommittee on Defense of the Committee
on Appropriations of the Senate; and
(3) the Committee on Energy and Commerce 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,
in consultation with such heads of elements of the intelligence
community as the Director considers appropriate, the Chairperson
of the Federal Communication Commission, and the Administrator
of the National Telecommunications and Information Administration, shall provide to the appropriate committees of Congress a
report on the risk to national security of the use of—
(1) telecommunications companies with a 10% or greater
direct or indirect foreign investment by an entity or person
owned or controlled by, or subject to the jurisdiction or direction
of, the People’s Republic of China that is operating in the
United States or providing services to affiliates and personnel
of the intelligence community; and
(2) hospitality and conveyance companies with substantial
investment by the People’s Republic of China by affiliates and
personnel of the intelligence community for travel on behalf
of the United States Government.
SEC. 6503. INTELLIGENCE COMMUNITY WORKING GROUP FOR MONITORING THE ECONOMIC AND TECHNOLOGICAL CAPABILITIES OF THE PEOPLE’S REPUBLIC OF CHINA.

(a) IN GENERAL.—The Director of National Intelligence, in consultation with such heads of elements of the intelligence community

H. R. 7776—1143
as the Director considers appropriate, shall establish a cross-intelligence community analytical working group (in this section referred
to as the ‘‘working group’’) on the economic and technological
capabilities of the People’s Republic of China.
(b) MONITORING AND ANALYSIS.—The working group shall monitor and analyze—
(1) the economic and technological capabilities of the People’s Republic of China;
(2) the extent to which those capabilities rely on exports,
financing, or services from the United States and other foreign
countries;
(3) the links of those capabilities to the military-industrial
complex of the People’s Republic of China; and
(4) the threats those capabilities pose to the national security and values of the United States.
(c) ANNUAL ASSESSMENT.—
(1) DEFINITION OF APPROPRIATE COMMITTEES OF CONGRESS.—In this subsection, the term ‘‘appropriate committees
of Congress’’ means—
(A) the congressional intelligence committees;
(B) the Committee on Foreign Relations, the Committee on Banking, Housing, and Urban Affairs, the Committee on Armed Services, the Committee on Homeland
Security and Governmental Affairs, the Committee on Commerce, Science, and Transportation, and the Committee
on Appropriations of the Senate; and
(C) the Committee on Foreign Affairs, the Committee
on Financial Services, the Committee on Armed Services,
the Committee on Homeland Security, the Committee on
Energy and Commerce, the Committee on Ways and Means,
and the Committee on Appropriations of the House of Representatives.
(2) IN GENERAL.—Not less frequently than once each year,
the working group shall submit to the appropriate committees
of Congress an assessment of the economic and technological
strategy, efforts, and progress of the People’s Republic of China
to become the dominant military, technological, and economic
power in the world and undermine the rules-based world order.
(3) ELEMENTS.—Each assessment required by paragraph
(2) shall include the following:
(A) An unclassified overview of the major goals, strategies, and policies of the People’s Republic of China to
control, shape, or develop self-sufficiency in key technologies and control related supply chains and ecosystems,
including—
(i) efforts to acquire United States and other foreign technology and recruit foreign talent in technology
sectors of the People’s Republic of China, including
the extent to which those efforts relate to the militaryindustrial complex of the People’s Republic of China;
(ii) efforts related to incentivizing offshoring of
United States and foreign manufacturing to China,
influencing global supply chains, and creating supply
chain vulnerabilities for the United States, including
China’s financing or potential financing in foreign
countries to create monopolies in the processing and
exporting of rare earth and other critical materials

H. R. 7776—1144
necessary for renewable energy, including cobalt,
lithium, and nickel;
(iii) related tools and market access restrictions
or distortions imposed by the People’s Republic of
China on foreign firms and laws and regulations of
the People’s Republic of China that discriminate
against United States and other foreign firms; and
(iv) efforts of the People’s Republic of China to
attract or restrict financing from the United States
and other foreign countries to build self-sufficient
national defense capabilities, an evaluation of the relative contribution of foreign financing to China’s economic support for such capabilities, and the type of
capital flows from the United States into China’s
national defense capabilities from the specific actions
taken by the Government of the People’s Republic of
China to attract or restrict financing to the outcome
of such efforts for entities and persons of the People’s
Republic of China.
(B) An unclassified assessment of the progress of the
People’s Republic of China to achieve its goals,
disaggregated by economic sector.
(C) An unclassified assessment of the impact of the
transfer of capital, technology, data, talent, and technical
expertise from the United States to China on the economic,
technological, and military capabilities of the People’s
Republic of China.
(D) An unclassified list of the top 200 businesses, academic and research institutions, or other entities of the
People’s Republic of China that are—
(i) developing, producing, or exporting to other
countries the technologies that are strategically important to the People’s Republic of China or supporting
entities of the People’s Republic of China that are
subject to sanctions imposed by the United States;
(ii) supporting the military-civil fusion program
or the military industrial complex of the People’s
Republic of China; or
(iii) otherwise supporting the goals and efforts of
the Chinese Communist Party and Chinese government entities, including the Ministry of State Security,
the Ministry of Public Security, and the People’s Liberation Army.
(E) An unclassified list of the top 100 development,
infrastructure, or other strategic projects that the People’s
Republic of China is financing abroad that—
(i) advance the technology goals and strategies
of the Chinese Communist Party; or
(ii) evade financial sanctions, export controls, or
import restrictions imposed by the United States.
(F) An unclassified list of the top 100 businesses,
research institutions, or other entities of the People’s
Republic of China that are developing surveillance, smart
cities, or related technologies that are—
(i) exported to other countries, undermining democracy worldwide; or

H. R. 7776—1145
(ii) provided to the security services of the People’s
Republic of China, enabling them to commit severe
human rights abuses in China.
(G) An unclassified list of the top 100 businesses or
other entities of the People’s Republic of China that are—
(i) operating in the genocide zone in Xinjiang; or
(ii) supporting the Xinjiang Public Security
Bureau, the Xinjiang Bureau of the Ministry of State
Security, the People’s Armed Police, or the Xinjiang
Production and Construction Corps.
(H) A list of investment funds, public companies, or
private or early-stage firms of the People’s Republic of
China that have received more than $100,000,000 in capital
flows from the United States during the 10-year period
preceding the date on which the assessment is submitted.
(4) PREPARATION OF ASSESSMENTS.—In preparing each
assessment required by paragraph (2), the working group shall
use open source documents in Chinese language and commercial
databases.
(5) FORMAT.—An assessment required by paragraph (2)
may be submitted in the format of a National Intelligence
Estimate.
(6) FORM.—Each assessment required by paragraph (2)
shall be submitted in unclassified form, but may include a
classified annex.
(7) PUBLICATION.—The unclassified portion of each assessment required by paragraph (2) shall be published on the
publicly accessible website of the Director of National Intelligence.
(d) BRIEFINGS TO CONGRESS.—Not less frequently than quarterly, the working group shall provide to Congress a classified
briefing on the economic and technological goals, strategies, and
progress of the People’s Republic of China, especially on the information that cannot be disclosed in the unclassified portion of an
assessment required by subsection (c)(2).
(e) CLASSIFIED ANALYSES.—Each classified annex to an assessment required by subsection (c)(2) or corresponding briefing provided under subsection (d) shall include an analysis of—
(1) the vulnerabilities of the People’s Republic of China,
disaggregated by economic sector, industry, and entity; and
(2) the technological or supply chain chokepoints of the
People’s Republic of China that provide leverage to the United
States.
(f) SUNSET.—This section shall cease to be effective on the
date that is 5 years after the date of the enactment of this Act.
SEC. 6504. ANNUAL REPORT ON CONCENTRATED REEDUCATION
CAMPS IN THE XINJIANG UYGHUR AUTONOMOUS REGION
OF THE PEOPLE’S REPUBLIC OF CHINA.

(a) DEFINITIONS.—In this section:
(1) APPROPRIATE COMMITTEES OF CONGRESS.—The term
‘‘appropriate committees of Congress’’ means—
(A) the congressional intelligence committees;
(B) the Committee on Foreign Relations, the Committee on Banking, Housing, and Urban Affairs, and the
Committee on Appropriations of the Senate; and

H. R. 7776—1146
(C) the Committee on Foreign Affairs, the Committee
on Financial Services, and the Committee on Appropriations of the House of Representatives.
(2) COVERED CAMP.—The term ‘‘covered camp’’ means a
detention camp, prison, forced labor camp, or forced labor factory located in the Xinjiang Uyghur Autonomous Region of
the People’s Republic of China, referred to by the Government
of the People’s Republic of China as ‘‘concentrated reeducation
camps’’ or ‘‘vocational training centers’’.
(b) ANNUAL REPORT REQUIRED.—Not later than 120 days after
the date of the enactment of this Act, and annually thereafter
for 5 years, the Director of National Intelligence, in consultation
with such heads of elements of the intelligence community as the
Director considers appropriate, shall submit to the appropriate
committees of Congress a report on the status of covered camps.
(c) ELEMENTS.—Each report required by subsection (b) shall
include the following:
(1) An identification of the number and geographic location
of covered camps and an estimate of the number of victims
detained in covered camps.
(2) A description of—
(A) the types of personnel and equipment in covered
camps;
(B) the funding received by covered camps from the
Government of the People’s Republic of China; and
(C) the role of the security services of the People’s
Republic of China and the Xinjiang Production and
Construction Corps in enforcing atrocities at covered camps.
(3) A comprehensive list of—
(A) the entities of the Xinjiang Production and
Construction Corps, including subsidiaries and affiliated
businesses, with respect to which sanctions have been
imposed by the United States;
(B) commercial activities of those entities outside of
the People’s Republic of China; and
(C) other Chinese businesses, including in the artificial
intelligence, biotechnology, and surveillance technology sectors, that are involved with the atrocities in Xinjiang or
supporting the policies of the People’s Republic of China
in the region.
(d) FORM.—Each report required by subsection (b) shall be
submitted in unclassified form, but may include a classified annex.
(e) PUBLICATION.—The unclassified portion of each report
required by subsection (b) shall be published on the publicly accessible website of the Office of the Director of National Intelligence.
SEC. 6505. ASSESSMENTS OF PRODUCTION OF SEMICONDUCTORS BY
THE PEOPLE’S REPUBLIC OF CHINA.

(a) DEFINITIONS.—In this section:
(1) APPROPRIATE COMMITTEES OF CONGRESS.—The term
‘‘appropriate committees of Congress’’ means—
(A) the congressional intelligence committees;
(B) the Committee on Armed Services, the Committee
on Foreign Relations, the Committee on Banking, Housing,
and Urban Affairs, the Committee on Commerce, Science,
and Transportation, the Committee on Homeland Security

H. R. 7776—1147
and Governmental Affairs, and the Committee on Appropriations of the Senate; and
(C) the Committee on Armed Services, the Committee
on Foreign Affairs, the Committee on Financial Services,
the Committee on Science, Space, and Technology, the Committee on Energy and Commerce, the Committee on Homeland Security, and the Committee on Appropriations of
the House of Representatives.
(2) LEGACY SEMICONDUCTOR.—The term ‘‘legacy semiconductor’’ has the meaning given such term in section
9902(a)(6)(A) of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (15 U.S.C.
4652(a)(6)(A)).
(b) IN GENERAL.—Not later than 60 days after the date of
the enactment of this Act, and annually thereafter for 3 years,
the Director of National Intelligence shall submit to the appropriate
committees of Congress an assessment of progress by the People’s
Republic of China in global competitiveness in the production of
semiconductors by Chinese firms, including any subsidiary, affiliate,
or successor of such firms.
(c) CONSULTATION.—In carrying out subsection (b), the Director
shall consult with the Secretary of Commerce and the heads of
such other Federal agencies as the Director considers appropriate.
(d) ELEMENTS.—Each assessment submitted under subsection
(b) shall include the following:
(1) The progress of the People’s Republic of China toward
self-sufficiency in the supply of semiconductors, including globally competitive Chinese firms competing in the fields of artificial intelligence, cloud computing, autonomous vehicles, nextgeneration and renewable energy, advanced life sciences and
biotechnology, and high-performance computing.
(2) The progress of the People’s Republic of China in developing indigenously or accessing foreign sources of intellectual
property critical to the design and manufacturing of leading
edge process nodes, including electronic design automation technology.
(3) Activity of Chinese firms with respect to the production
of semiconductors that are not legacy semiconductors, including
any identified export diversion to evade export controls.
(4) Any observed stockpiling efforts by Chinese firms with
respect to semiconductor manufacturing equipment, substrate
materials, silicon wafers, or other necessary inputs for semiconductor production.
(5) An analysis of the relative market share of different
Chinese semiconductor manufacturers at different process
nodes and the estimated increase or decrease of market share
by that manufacturer in each product category during the preceding year.
(6) A comprehensive summary of recruitment activity of
the People’s Republic of China targeting semiconductor manufacturing engineers and managers from non-Chinese firms.
(7) An analysis of the capability of the workforce of the
People’s Republic of China to design, produce, and manufacture
of semiconductors that are not legacy semiconductors and relevant equipment.

H. R. 7776—1148
(e) FORM OF ASSESSMENTS.—Each assessment submitted under
subsection (b) shall be submitted in unclassified form and include
a classified annex.
(f) ADDITIONAL REPORTING.—Each assessment submitted under
subsection (b) shall also be transmitted to the Secretary of Commerce, to inform, among other activities of the Department of
Commerce, implementation of section 103 of the CHIPS Act of
2022 (Public Law 117–167) and title XCIX of the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year
2021 (15 U.S.C. 4651 et seq.).

Subtitle B—Miscellaneous Authorities,
Requirements, and Limitations
SEC. 6511. NOTICE OF DEPLOYMENT OR TRANSFER OF CONTAINERIZED MISSILE SYSTEMS BY RUSSIA, CHINA, OR IRAN.

Section 501 of the Intelligence Authorization Act for Fiscal
Year 2016 (division M of Public Law 114–113; 129 Stat. 2923)
is amended—
(1) by striking ‘‘the Russian Federation’’ each place it
appears and inserting ‘‘a covered country’’;
(2) by striking ‘‘Club–K container missile system’’ each
place it appears and inserting ‘‘missile launcher disguised as
or concealed in a shipping container’’;
(3) in subsection (a)(1)—
(A) by striking ‘‘deploy, the’’ and inserting ‘‘deploy,
a’’; and
(B) by striking ‘‘the Russian military’’ and inserting
‘‘the military of the covered country’’;
(4) by striking subsection (c) and inserting the following
new subsection:
‘‘(c) DEFINITIONS.—In this section:
‘‘(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term
‘appropriate congressional committees’ means the following:
‘‘(A) The congressional intelligence committees.
‘‘(B) The Committees on Armed Services of the House
of Representatives and the Senate.
‘‘(C) The Committee on Foreign Affairs of the House
of Representatives and the Committee on Foreign Relations
of the Senate.
‘‘(D) The Subcommittee on Defense of the Committee
on Appropriations of the House of Representatives and
the Subcommittee on Defense of the Committee on Appropriations of the Senate.
‘‘(2) COVERED COUNTRY.—The term ‘covered country’ means
the following:
‘‘(A) Russia.
‘‘(B) China.
‘‘(C) Iran.
‘‘(D) North Korea.’’; and
(5) in the heading, by striking ‘‘CLUB–K CONTAINER MISSILE
SYSTEM BY THE RUSSIAN FEDERATION’’ and inserting
‘‘CONTAINERIZED MISSILE SYSTEM BY RUSSIA OR CERTAIN
OTHER COUNTRIES’’.

H. R. 7776—1149
SEC. 6512. INTELLIGENCE COMMUNITY COORDINATOR FOR RUSSIAN
ATROCITIES ACCOUNTABILITY.

(a) DEFINITIONS.—In this section:
(1) APPROPRIATE COMMITTEES OF CONGRESS.—The term
‘‘appropriate committees of Congress’’ means—
(A) the congressional intelligence committees;
(B) the Subcommittee on Defense of the Committee
on Appropriations of the Senate; and
(C) the Subcommittee on Defense of the Committee
on Appropriations of the House of Representatives.
(2) ATROCITY.—The term ‘‘atrocity’’ means a war crime,
crime against humanity, or genocide.
(3) COMMIT.—The term ‘‘commit’’, with respect to an
atrocity, includes the planning, committing, aiding, and abetting of such atrocity.
(4) FOREIGN PERSON.—The term ‘‘foreign person’’ means
a person that is not a United States person.
(5) RUSSIAN ATROCITY.—The term ‘‘Russian atrocity’’ means
an atrocity that is committed by an individual who is—
(A) a member of the armed forces, or the security
or other defense services, of the Russian Federation;
(B) an employee of any other element of the Russian
Government; or
(C) an agent or contractor of an individual specified
in subparagraph (A) or (B).
(6) UNITED STATES PERSON.—The term ‘‘United States person’’ has the meaning given that term in section 105A(c) of
the National Security Act of 1947 (50 U.S.C. 3039).
(b) INTELLIGENCE COMMUNITY COORDINATOR FOR RUSSIAN
ATROCITIES ACCOUNTABILITY.—
(1) DESIGNATION.—Not later than 30 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 Russian atrocities accountability (in
this section referred to as the ‘‘Coordinator’’).
(2) DUTIES.—The Coordinator shall oversee the efforts of
the intelligence community relating to the following:
(A) Identifying, and (as appropriate) disseminating
within the United States Government, intelligence relating
to the identification, location, or activities of foreign persons
suspected of playing a role in committing Russian atrocities
in Ukraine.
(B) Identifying analytic and other intelligence needs
and priorities of the intelligence community with respect
to the commitment of such Russian atrocities.
(C) Addressing any gaps in intelligence collection
relating to the commitment of such Russian atrocities and
developing recommendations to address any gaps so identified, including by recommending the modification of the
priorities of the intelligence community with respect to
intelligence collection.
(D) Collaborating with appropriate counterparts across
the intelligence community to ensure appropriate coordination on, and integration of the analysis of, the commitment
of such Russian atrocities.

H. R. 7776—1150
(E) Identifying intelligence and other information that
may be relevant to preserve evidence of potential war
crimes by Russia, consistent with the public commitments
of the United States to support investigations into the
conduct of Russia.
(F) Ensuring the Atrocities Early Warning Task Force
and other relevant departments and agencies of the United
States Government receive appropriate support from the
intelligence community with respect to the collection, analysis, preservation, and, as appropriate, dissemination, of
intelligence related to Russian atrocities in Ukraine.
(3) PLAN REQUIRED.—Not later than 30 days after the date
of enactment of this Act, the Director of National Intelligence
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 of intelligence related to Russian atrocities in
Ukraine, 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, 2023,
and annually thereafter until May 1, 2026, the Director
of National Intelligence shall submit to the appropriate
committees of Congress a report detailing, for the year
covered by the report—
(i) the analytical findings and activities of the intelligence community with respect to Russian atrocities
in Ukraine; and
(ii) the recipients of information shared pursuant
to this section for the purpose of ensuring accountability for such Russian atrocities, and 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) SUPPLEMENT.—The Director of National Intelligence may supplement an existing reporting requirement
with the information required under subparagraph (A) on
an annual basis to satisfy that requirement with prior
notification of intent to do so to the appropriate committees
of Congress.
(c) SUNSET.—This section shall cease to have effect on the
date that is 4 years after the date of the enactment of this Act.
SEC. 6513. LEAD INTELLIGENCE COMMUNITY COORDINATOR FOR
COUNTERING AND NEUTRALIZING PROLIFERATION OF
IRAN-ORIGIN UNMANNED AIRCRAFT SYSTEMS.

(a) DEFINITIONS.—In this section:
(1) APPROPRIATE COMMITTEES OF CONGRESS.—The term
‘‘appropriate committees of Congress’’ means—
(A) the congressional intelligence committees;
(B) the Committee on Armed Services, the Committee
on Foreign Relations, and the Subcommittee on Defense
of the Committee on Appropriations of the Senate; and

H. R. 7776—1151
(C) the Committee on Armed Services, the Committee
on Foreign Affairs, and the Subcommittee on Defense of
the Committee on Appropriations of the House of Representatives.
(2) FIVE EYES PARTNERSHIP.—The term ‘‘Five Eyes Partnership’’ means the intelligence alliance comprising Australia,
Canada, New Zealand, the United Kingdom, and the United
States.
(3) UNMANNED AIRCRAFT SYSTEM.—The term ‘‘unmanned
aircraft system’’ includes an unmanned powered aircraft
(including communication links and the components that control the unmanned aircraft), that—
(A) does not carry a human operator;
(B) may fly autonomously or be piloted remotely;
(C) may be expendable or recoverable; and
(D) may carry a lethal payload or explode upon
reaching a designated location.
(b) COORDINATOR.—
(1) DESIGNATION.—Not later than 30 days after the date
of enactment of this Act, the Director of National Intelligence
shall designate an official from an element of the intelligence
community to serve as the lead intelligence community coordinator for countering and neutralizing the proliferation of Iranorigin unmanned aircraft systems (in this section referred to
as the ‘‘Coordinator’’).
(2) PLAN.—Not later than 120 days after the date on which
the Coordinator is designated under paragraph (1), the Coordinator shall—
(A) develop a comprehensive plan of action, driven
by intelligence information, for countering and neutralizing
the threats posed by the proliferation of Iran-origin
unmanned aircraft systems; and
(B) provide to appropriate committees of Congress a
briefing on such plan of action.
(3) FINAL REPORT.—
(A) SUBMISSION.—Not later than January 1, 2024, the
Director of National Intelligence shall submit to the appropriate committees of Congress a final report on the activities and findings of the Coordinator.
(B) MATTERS.—The report under subparagraph (A)
shall include the following:
(i) An assessment of the threats posed by Iranorigin unmanned aircraft systems, including the threat
to facilities and personnel of the United States Government in the greater Middle East, particularly in the
areas of such region that are located within the area
of responsibility of the Commander of the United States
Central Command.
(ii) A detailed description of intelligence sharing
efforts, as well as other joint efforts driven by intelligence information, with allies and partners of the
United States, to assist in countering and neutralizing
of such threats.
(iii) Recommendations for any changes in United
States policy or legislative authorities to improve the
capacity of the intelligence community to assist in
countering and neutralizing such threats.

H. R. 7776—1152
(C) FORM.—The report under subparagraph (A) may
be submitted in classified form.
(D) ANNEX.—In submitting the report under subparagraph (A) to the congressional intelligence committees, the
Director shall also include an accompanying annex, which
shall be classified, that separately details all efforts supported exclusively by National Intelligence Program funds.
(c) COLLABORATION WITH FIVE EYES PARTNERSHIP AND
ISRAEL.—Taking into account the findings of the final report under
subsection (b)(3), the Director of National Intelligence shall seek
to—
(1) develop and implement a common approach among
the Five Eyes Partnership toward countering the threats posed
by Iran-origin unmanned aircraft systems, including by
leveraging the unique intelligence capabilities and information
of the members of the Five Eyes Partnership; and
(2) intensify cooperation with Israel for the purpose of
countering Iran-origin unmanned aircraft systems, including
by strengthening and expanding existing cooperative efforts
conducted pursuant to section 1278 of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116–92;
133 Stat. 1702; 22 U.S.C. 8606 note).
(d) SUNSET.—This section shall cease to have effect on the
date on which the final report is submitted under subsection (b)(3).
SEC. 6514. COLLABORATION BETWEEN INTELLIGENCE COMMUNITY
AND DEPARTMENT OF COMMERCE TO COUNTER FOREIGN
COMMERCIAL THREATS.

(a) DEFINITIONS.—In this section:
(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term
‘‘appropriate congressional committees’’ means—
(A) the congressional intelligence committees;
(B) the Committee on Commerce, Science, and
Transportation, the Committee on Armed Services, the
Committee on Foreign Relations, and the Committee on
Appropriations of the Senate; and
(C) the Committee on Energy and Commerce, the Committee on Armed Services, the Committee on Foreign
Affairs, and the Committee on Appropriations of the House
of Representatives.
(2) FOREIGN COMMERCIAL THREAT.—
(A) IN GENERAL.—The term ‘‘foreign commercial threat’’
means a rare commercial item or service that is produced
by, offered by, sold by, licensed by, or otherwise distributed
under the control of a strategic competitor or foreign
adversary in a manner that may provide the strategic
competitor or foreign adversary leverage over an intended
recipient.
(B) DETERMINATIONS BY WORKING GROUP.—In determining whether an item or service is a foreign commercial
threat, the Working Group shall consider whether the strategic competitor or foreign adversary could—
(i) withhold, or threaten to withhold, the rare
commercial item or service;
(ii) create reliance on the rare commercial item
or service as essential to the safety, health, or economic
wellbeing of the intended recipient; or

H. R. 7776—1153
(iii) have its rare commercial item or service easily
replaced by a United States entity or an entity of
an ally or partner of the United States.
(3) RARE COMMERCIAL ITEM OR SERVICE.—The term ‘‘rare
commercial item or service’’ means a good, service, or intellectual property that is not widely available for distribution.
(b) WORKING GROUP.—
(1) ESTABLISHMENT.—Unless the Director of National Intelligence and the Secretary of Commerce make the joint determination specified in subsection (c), the Director and the Secretary, in consultation with the Secretary of State, shall jointly
establish a working group to counter foreign commercial threats
(in this section referred to as the ‘‘Working Group’’).
(2) MEMBERSHIP.—The composition of the Working Group
may include any officer or employee of a department or agency
of the United States Government determined appropriate by
the Director or the Secretary.
(3) DUTIES.—The duties of the Working Group shall be
the following:
(A) To identify current foreign commercial threats.
(B) To identify probable future foreign commercial
threats.
(C) To identify goods, services, or intellectual property
that, if produced by entities within the United States,
or allies or partners of the United States, would mitigate
foreign commercial threats.
(4) MEETINGS.—Not later than 30 days after the date of
the enactment of this Act, and on a regular basis that is
not less frequently than quarterly thereafter until the date
of termination under paragraph (5), the Working Group shall
meet.
(5) TERMINATION.—Beginning on the date that is 2 years
after the date of the establishment under paragraph (1), the
Working Group may be terminated upon the Director of
National Intelligence and the Secretary of Commerce jointly—
(A) determining that termination of the Working Group
is appropriate; and
(B) submitting to the appropriate congressional
committees a notification of such determination (including
a description of the justification for such determination).
(6) REPORTS.—
(A) SUBMISSION TO CONGRESS.—Not later than 60 days
after the date of the enactment of this Act, and biannually
thereafter until the date of termination under paragraph
(5), the Working Group shall submit to the appropriate
congressional committees a report on the activities of the
Working Group.
(B) MATTERS.—Each report under subparagraph (A)
shall include a description of the following:
(i) Any current or future foreign commercial
threats identified by the Working Group.
(ii) The strategy of the United States Government,
if any, to mitigate any current foreign commercial
threats or future foreign commercial threats so identified.
(iii) The plan of the intelligence community to
provide to the Department of Commerce and other

H. R. 7776—1154
nontraditional customers of the intelligence community
support in addressing foreign commercial threats.
(iv) Any other significant activity of the Working
Group.
(c) OPTION TO DISCHARGE OBLIGATION THROUGH OTHER
MEANS.—If the Director of National Intelligence and the Secretary
of Commerce make a joint determination that the requirements
of the Working Group under subsection (b) (including the duties
under paragraph (3) and the reporting requirement under paragraph (6) of such subsection) may be appropriately filled by an
existing entity or structure, and submit to the congressional intelligence committees a notification of such determination (including
a description of the justification for such determination), the
Director and Secretary may task such entity or structure with
such requirements in lieu of establishing the Working Group.
SEC. 6515. INTELLIGENCE ASSESSMENT ON FOREIGN WEAPONIZATION
OF ADVERTISEMENT TECHNOLOGY DATA.

(a) DEFINITIONS.—In this section:
(1) ADVERTISEMENT TECHNOLOGY DATA.—The term
‘‘advertisement technology data’’ means commercially available
data derived from advertisement technology that is used, or
can be used, to geolocate individuals or gain other targeting
information on individuals.
(2) APPROPRIATE COMMITTEES OF CONGRESS.—The term
‘‘appropriate committees of Congress’’ means—
(A) the congressional intelligence committees;
(B) the Committee on Armed Services of the Senate;
(C) the Subcommittee on Defense of the Committee
on Appropriations of the Senate;
(D) the Committee on Armed Services of the House
of Representatives; and
(E) the Subcommittee on Defense of the Committee
on Appropriations of the House of Representatives.
(b) ASSESSMENT.—The Director of National Intelligence shall
conduct an intelligence assessment of the counterintelligence risks
of, and the exposure of intelligence community and Department
of Defense personnel and activities to, tracking by foreign adversaries through advertisement technology data.
(c) REPORT.—Not later than 60 days after the date of the
enactment of this Act, the Director shall submit to the appropriate
committees of Congress a report on the intelligence assessment
under subsection (b).
SEC. 6516. INTELLIGENCE COMMUNITY ASSESSMENT REGARDING RUSSIAN GRAY ZONE ASSETS.

(a) DEFINITIONS.—In this section:
(1) APPROPRIATE COMMITTEES OF CONGRESS.—The term
‘‘appropriate committees of Congress’’ means—
(A) the congressional intelligence committees;
(B) the Committee on Armed Services of the Senate;
(C) the Subcommittee on Defense of the Committee
on Appropriations of the Senate;
(D) the Committee on Armed Services of the House
of Representatives; and
(E) the Subcommittee on Defense of the Committee
on Appropriations of the House of Representatives.

H. R. 7776—1155
(2) GRAY ZONE ACTIVITY.—The term ‘‘gray zone activity’’
has the meaning given that term in section 825 of the Intelligence Authorization Act for Fiscal Year 2022 (Public Law
117–103).
(3) GRAY ZONE ASSET.—The term ‘‘gray zone asset’’—
(A) means an entity or proxy that is controlled, in
whole or in part, by a foreign adversary of the United
States and is used by such foreign adversary in connection
with a gray zone activity; and
(B) includes a state-owned enterprise of a foreign
adversary that is so used.
(b) INTELLIGENCE COMMUNITY ASSESSMENT REGARDING RUSSIAN GRAY ZONE ASSETS.—
(1) INTELLIGENCE COMMUNITY ASSESSMENT.—The Director
of National Intelligence, acting through the National Intelligence Council, shall produce an intelligence community assessment that contains—
(A) a description of the gray zone assets of Russia;
(B) an identification of any opportunities to hold such
gray zone assets at risk, as a method of influencing the
behavior of Russia; and
(C) an assessment of the risks and potential benefits,
with respect to the interests of the United States, that
may result from the seizure of such gray zone assets to
hold the assets at risk.
(2) CONSIDERATIONS.—In identifying opportunities to hold
a gray zone asset of Russia at risk under paragraph (1)(B),
the National Intelligence Council shall consider the following:
(A) The effect on civilians of holding the gray zone
asset at risk.
(B) The extent to which the gray zone asset is substantially state-owned or substantially controlled by Russia.
(C) The likelihood that holding the gray zone asset
at risk will influence the behavior of Russia.
(D) The likelihood that holding the gray asset at risk,
or degrading the asset, will affect any attempt of Russia
to use force to change existing borders or undermine the
political independence or territorial integrity of any state,
including Ukraine.
(E) Such other factors as the National Intelligence
Council may determine appropriate.
(3) APPENDIX.—The intelligence community assessment
under paragraph (1) shall include an appendix that contains
a list of the categories of gray zone assets of Russia, with
specific examples of—
(A) gray zone assets in each category; and
(B) for each such gray zone asset listed, the ways
in which Russia uses the asset to advance its gray zone
activities.
(4) SUBMISSION.—The Director, consistent with the protection of sources and methods, shall submit to the appropriate
committees of Congress the intelligence community assessment
under paragraph (1).
(5) FORM.—The intelligence community assessment under
paragraph (1) shall be submitted in unclassified form, but may
contain a classified annex.

H. R. 7776—1156

Subtitle C—Reports and Other Matters
SEC. 6521. REPORT ON ASSESSING WILL TO FIGHT.

(a) DEFINITIONS.—In this section:
(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term
‘‘appropriate congressional committees’’ means the following:
(A) The congressional intelligence committees.
(B) The Committee on Foreign Relations, the Committee on Armed Services, and the Subcommittee on
Defense of the Committee on Appropriations of the Senate.
(C) The Committee on Foreign Affairs, the Committee
on Armed Services, and the Subcommittee on Defense of
the Committee on Appropriations of the House of Representatives.
(2) MILITARY WILL TO FIGHT.—The term ‘‘military will to
fight’’ means, with respect to the military of a country, the
disposition and decision to fight, act, or persevere as needed.
(3) NATIONAL WILL TO FIGHT.—The term ‘‘national will to
fight’’ means, with respect to the government of a country,
the resolve to conduct sustained military and other operations
for an objective even when the expectation of success decreases
or the need for significant political, economic, and military
sacrifices increases.
(b) FINDINGS.—Congress finds the following:
(1) According to a study by the RAND corporation, ‘‘will
to fight’’ is poorly analyzed and the least understood aspect
of war.
(2) In testimony before the Select Committee on Intelligence
of the Senate in May 2022, top intelligence officials of the
United States indicated that although the intelligence community accurately anticipated Russia’s invasion of Ukraine, the
intelligence community did not accurately assess the will of
Ukrainian forces to fight in opposition to a Russian invasion
or that the Ukrainian forces would succeed in averting a rapid
Russian military occupation of Kyiv.
(3) According to the RAND corporation, the intelligence
community estimated that the Afghan government’s forces
could hold out against the Taliban for as long as 2 years
if all ground forces of the United States were withdrawn. This
estimate was revised in June 2021 to reflect an intelligence
community view that Afghanistan’s military collapse could come
in 6 to 12 months. In August 2021, the Afghan government
fell within days after the ground forces of the United States
were withdrawn.
(4) Similarly, the rapid advance of the Islamic State in
Iraq and Syria and near-total collapse of the Iraqi Security
Forces in 2014 appeared to take the policymakers of the United
States by surprise.
(5) The apparent gaps in these analyses had important
implications for policy decisions of the United States toward
Russia and Afghanistan, and suggest a need for further examination of how the intelligence community assesses a foreign
military’s will to fight.
(c) REPORT.—Not later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence, acting
through the National Intelligence Council and in coordination with

H. R. 7776—1157
the heads of the elements of the intelligence community that the
Director determines appropriate, shall submit to the appropriate
congressional committees a report examining the extent to which
analyses of the military will to fight and the national will to
fight informed the all-source analyses of the intelligence community
regarding how the armed forces and governments of Ukraine,
Afghanistan, and Iraq would perform at key junctures.
(d) ELEMENTS.—The report under subsection (c) shall include
the following:
(1) The methodology of the intelligence community for
measuring the military will to fight and the national will to
fight of a foreign country.
(2) The extent to which analysts of the intelligence community applied such methodology when assessing the military
will to fight and the national will to fight of—
(A) Afghanistan following the April 2021 announcement of the full withdrawal of the United States Armed
Forces;
(B) Iraq in the face of the rapid emergence and
advancement in 2014 of Islamic State in Iraq and Syria;
and
(C) Ukraine and Russia during the initial phase of
the invasion and march toward Kyiv by Russia in February
2022.
(3) The extent to which—
(A) the assessments described in paragraph (2)
depended on the observations of personnel of the United
States Armed Forces who had trained Afghan, Iraqi, and
Ukrainian armed forces; and
(B) such observations reflected any standardized, objective methodology.
(4) Whether shortcomings in assessing the military will
to fight and the national will to fight may have affected the
capacity of the intelligence community to provide ‘‘early
warning’’ about the collapse of government forces in Iraq and
Afghanistan.
(5) The extent to which ‘‘red teaming’’ was used to test
the assessments described in paragraph (2).
(6) The extent to which dissenting opinions of intelligence
analysts were highlighted in final written products presented
to senior policymakers of the United States.
(7) The extent to which analysts and supervisors adhered
to the policies, procedures, directives, and best practices of
the intelligence community.
(8) Recommendations for analyses by the intelligence
community going forward to incorporate lessons learned and
enhance the quality of future analytical products to more
accurately reflect the military will to fight and the national
will to fight and improve the capacity of the intelligence community to accurately predict the success or failure of the armed
forces of a foreign country.
(e) ANNEX.—In submitting the report under subsection (c) 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, the Director shall also include

H. R. 7776—1158
an accompanying annex, which shall be classified, providing an
inventory of the following:
(1) Collection gaps and challenges that may have affected
the analysis of the collapse of government forces in Iraq and
Afghanistan.
(2) Actions that the Director of National Intelligence has
taken to mitigate such gaps and challenges.
(f) FORM.—The report under subsection (c) may be submitted
in classified form, but if so submitted, shall include an unclassified
summary of key findings, consistent with the protection of intelligence sources and methods.
SEC. 6522. REPORT ON THREAT FROM HYPERSONIC WEAPONS.

(a) DEFINITION OF APPROPRIATE COMMITTEES OF CONGRESS.—
In this section, the term ‘‘appropriate committees of Congress’’
means—
(1) the congressional intelligence committees;
(2) the Committee on Armed Services, the Committee on
Foreign Relations, and the Subcommittee on Defense of the
Committee on Appropriations of the Senate; and
(3) the Committee on Armed Services, the Committee on
Foreign Affairs, and the Subcommittee on Defense of the Committee on Appropriations of the House of Representatives.
(b) REPORT.—Not later than 180 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 containing an assessment of the threat to the United States, and
to allies and partners of the United States, from hypersonic weapons
in light of the use of such weapons by Russia in Ukraine.
(c) ELEMENTS.—The assessment under subsection (b) shall
include the following:
(1) The information learned by the United States regarding
the hypersonic weapons capabilities of Russia.
(2) Insights into the doctrine of Russia regarding the use
of hypersonic weapons.
(3) An assessment of how allies and partners of the United
States view the threat of hypersonic weapons.
(4) An assessment of the degree to which the development
of missiles with similar capabilities as hypersonic weapons
used by Russia would enhance or reduce the ability of the
United States to deter Russia from threatening the national
security of the United States.
(d) FORM.—The report under subsection (b) may be submitted
in classified form.
SEC. 6523. REPORT ON ORDNANCE OF RUSSIA AND CHINA.

(a) REQUIREMENT.—Not later than 180 days after the date
of the enactment of this Act, the Director of the Defense Intelligence
Agency shall submit to the congressional intelligence committees
and the congressional defense committees a report on ordnance
of Russia and China, including the technical specificity required
for the safe handling and disposal of such ordnance.
(b) COORDINATION.—The Director shall carry out subsection
(a) in coordination with the head of any element of the Defense
Intelligence Enterprise that the Director determines appropriate.
(c) DEFINITIONS.—In this section:

H. R. 7776—1159
(1) CONGRESSIONAL DEFENSE COMMITTEES.—The term
‘‘congressional defense committees’’ has the meaning given that
term in section 101(a) of title 10, United States Code.
(2) DEFENSE INTELLIGENCE ENTERPRISE.—The term
‘‘Defense Intelligence Enterprise’’ has the meaning given that
term in section 426(b) of title 10, United States Code.
SEC. 6524. REPORT ON ACTIVITIES OF CHINA AND RUSSIA TARGETING
LATIN AMERICA AND THE CARIBBEAN.

(a) DEFINITIONS.—In this section:
(1) APPROPRIATE COMMITTEES OF CONGRESS.—The term
‘‘appropriate committees of Congress’’ means—
(A) the congressional intelligence committees;
(B) the Committee on Foreign Relations, the Committee on Armed Services, and the Subcommittee on
Defense of the Committee on Appropriations of the Senate;
and
(C) the Committee on Foreign Affairs, the Committee
on Armed Services, and the Subcommittee on Defense of
the Committee on Appropriations of the House of Representatives.
(2) FOREIGN MALIGN INFLUENCE.—The term ‘‘foreign malign
influence’’ means any hostile effort undertaken by, at the direction of, or on behalf of or with the substantial support of,
the government of a foreign country with the objective of influencing, through overt or covert means—
(A) the political, military, economic, or other policies
or activities of the government of the country that is the
target of the hostile effort, including any election within
such target country; or
(B) the public opinion within such target country.
(3) LATIN AMERICA AND THE CARIBBEAN.—The term ‘‘Latin
America and the Caribbean’’ means the countries and nonUnited States territories of South America, Central America,
the Caribbean, and Mexico.
(b) REPORT.—Not later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence, acting
through the National Intelligence Council and in coordination with
the Secretary of State, shall submit to the appropriate committees
of Congress a report on activities undertaken by China and Russia
in Latin America and the Caribbean that are intended to increase
the influence of China and Russia, respectively, therein. Such report
shall include a description of the following:
(1) Foreign malign influence campaigns by China and
Russia targeting Latin America and the Caribbean.
(2) Financial investments intended to increase Chinese or
Russian influence in Latin America and the Caribbean.
(3) Efforts by China and Russia to expand diplomatic,
military, or other ties to Latin America and the Caribbean.
(4) Any other activities determined appropriate by the
Director.
(c) MATTERS.—With respect to the description of foreign malign
influence campaigns under subsection (b), the report shall include
an assessment of the following:
(1) The objectives of any such campaign.
(2) The themes and messaging used in any such campaign.

H. R. 7776—1160
(3) The scale and nature of the threat posed by any such
campaign.
(4) The effect of such threat on the national security, diplomatic, military, or economic interests of the United States.
(d) FORM.—The report under subsection (b) shall be submitted
in unclassified form, but may include a classified annex.
SEC. 6525. REPORT ON SUPPORT PROVIDED BY CHINA TO RUSSIA.

(a) DEFINITION OF APPROPRIATE CONGRESSIONAL COMMITthis section, the term ‘‘appropriate congressional committees’’ means—
(1) the congressional intelligence committees;
(2) the Committee on Foreign Relations, the Committee
on Banking, Housing, and Urban Affairs, the Committee on
Armed Services, and the Subcommittee on Defense of the Committee on Appropriations of the Senate; and
(3) the Committee on Foreign Affairs, the Committee on
Financial Services, the Committee on Armed Services, the Committee on Ways and Means, and the Subcommittee on Defense
of the Committee on Appropriations of the House of Representatives.
(b) REQUIREMENT.—Not later than 90 days after the date of
the enactment of this Act, and every 180 days thereafter, consistent
with the protection of intelligence sources and methods, the Director
of National Intelligence, in consultation with the heads of elements
of the intelligence community that the Director determines appropriate, shall submit to the appropriate congressional committees
a report on whether and how China, including with respect to
the Government of the People’s Republic of China, the Chinese
Communist Party, any Chinese state-owned enterprise, and any
other Chinese entity, has provided support to Russia with respect
to the unprovoked invasion of and full-scale war by Russia against
Ukraine.
(c) MATTERS INCLUDED.—The report under subsection (b) shall
include a discussion of support provided by China to Russia with
respect to—
(1) helping the Government of Russia or Russian entities
evade or circumvent sanctions by the United States or multilateral sanctions and export controls;
(2) deliberately inhibiting onsite United States Government
export control end-use checks, including interviews and investigations, in China;
(3) providing Russia with any technology, including semiconductors classified as EAR99, that supports Russian intelligence or military capabilities;
(4) establishing economic or financial arrangements that
will have the effect of alleviating the effect of sanctions by
the United States or multilateral sanctions; and
(5) providing any material, technical, or logistical support,
including to Russian military or intelligence agencies and stateowned or state-linked enterprises.
(d) FORM.—The report under subsection (c) shall be submitted
in unclassified form, but may contain a classified annex.
(e) SUNSET.—The requirement to submit the report under subsection (b) shall terminate on the earlier of—
(1) the date on which the Director of National Intelligence
determines the conflict in Ukraine has ended; or
TEES.—In

H. R. 7776—1161
(2) the date that is 2 years after the date of the enactment
of this Act.
SEC. 6526. REPORT ON GLOBAL CCP FINANCING OF PORT INFRASTRUCTURE.

(a) DEFINITION OF APPROPRIATE CONGRESSIONAL COMMITthis section, the term ‘‘appropriate congressional committees’’ means—
(1) the congressional intelligence committees;
(2) the Committee on Armed Services, the Committee on
Foreign Relations, and the Subcommittee on Defense of the
Committee on Appropriations of the Senate; and
(3) the Committee on Armed Services, the Committee on
Foreign Affairs, and the Subcommittee on Defense of the Committee on Appropriations of the House of Representatives.
(b) IN GENERAL.—Not later than 180 days after the date of
the enactment of this Act, the Director of National Intelligence,
in consultation with the Secretary of State and the Secretary of
Defense, shall submit to the appropriate congressional committees
a report documenting all Chinese financing of port infrastructure
globally, during the period beginning on January 1, 2012, and
ending on the date of the submission of the report, and the commercial and economic implications of such investments. The report
shall also include the following:
(1) A review of existing and potential or planned future
Chinese financing, including financing by government entities,
and state-owned enterprises, in port infrastructure at such
ports.
(2) Any known Chinese interest in establishing a military
or intelligence presence at or near such ports.
(3) An assessment of China’s current and potential future
ability to leverage commercial ports for military or intelligence
collection purposes and the implications of such ability for
the national security of the United States and allies and partners of the United States.
(4) A description of activities undertaken by the United
States and allies and partners of the United States to help
identify and provide alternatives to Chinese investments in
port infrastructure.
(c) FORM.—The report required by subsection (b) shall be submitted in unclassified form but may include a classified annex
produced consistent with the protection of sources and methods.
TEES.—In

SEC. 6527. SENSE OF CONGRESS ON PROVISION OF SUPPORT BY INTELLIGENCE COMMUNITY FOR ATROCITY PREVENTION AND
ACCOUNTABILITY.

(a) DEFINITIONS.—In this section:
(1) ATROCITIES.—The term ‘‘atrocities’’ has the meaning
given that term in section 6 of the Elie Wiesel Genocide and
Atrocities Prevention Act of 2018 (Public Law 115–441; 132
Stat. 5586).
(2) ATROCITY CRIME SCENE.—The term ‘‘atrocity crime
scene’’ means 1 or more locations that are relevant to the
investigation of an atrocity, including buildings or locations
(including bodies of water) where physical evidence may be
collected relating to the perpetrators, victims, and events of
the atrocity, such as mass graves and other sites containing
deceased individuals.

H. R. 7776—1162
(b) SENSE OF CONGRESS.—It is the sense of Congress that
the efforts of the United States Government regarding atrocity
prevention and response through interagency coordination, such
as the Atrocity Warning Task Force, are critically important and
that the Director of National Intelligence and the Secretary of
Defense should, as appropriate and in compliance with the American Servicemembers’ Protection Act of 2002 (22 U.S.C. 7421 et
seq.), do the following:
(1) Require each element of the intelligence community
to support the Atrocity Warning Task Force in its mission
to prevent genocide and atrocities through policy formulation
and program development by—
(A) collecting and analyzing intelligence identified as
an atrocity, as defined in the Elie Wiesel Genocide and
Atrocities Prevention Act of 2018 (Public Law 115–441;
132 Stat. 5586);
(B) preparing unclassified intelligence data and
geospatial imagery products for coordination with appropriate domestic, foreign, and international courts and tribunals prosecuting persons responsible for crimes for which
such imagery and intelligence may provide evidence
(including genocide, crimes against humanity, and war
crimes, including with respect to missing persons and suspected atrocity crime scenes); and
(C) reassessing archived geospatial imagery containing
indicators of war crimes, other atrocities, forced disappearances, and atrocity crime scenes.
(2) Continue to make available inputs to the Atrocity
Warning Task Force for the development of the Department
of State Atrocity Early Warning Assessment and share opensource data to support pre-atrocity and genocide indicators
and warnings to the Atrocity Warning Task Force.
(3) Provide the President and Congress with recommendations to improve policies, programs, resources, and tools relating
to atrocity intelligence collection and interagency coordination.
(4) Regularly consult and participate with designated interagency representatives of relevant agencies and departments
of the United States Government.
(5) Ensure resources are made available for the policies,
programs, and tools relating to atrocity intelligence collection
and coordination with the Atrocity Warning Task Force.

TITLE LXVI—INTELLIGENCE
COMMUNITY WORKFORCE MATTERS
SEC. 6601. IMPROVING ONBOARDING OF PERSONNEL IN INTELLIGENCE COMMUNITY.

(a) DEFINITION OF ONBOARD PERIOD.—In this section, the term
‘‘onboard period’’ means the period beginning on the date on which
an individual submits an application for employment and ending
on—
(1) the date on which the individual is offered one or
more entrance on duty dates; or
(2) the date on which the individual enters on duty.
(b) POLICY GUIDANCE.—The Director of National Intelligence
shall establish policy guidance appropriate for all elements of the

H. R. 7776—1163
intelligence community that can be used to measure, consistently
and reliably, the onboard period.
(c) REPORT.—
(1) IN GENERAL.—Not later than 90 days after the date
of the enactment of this Act, the Director shall submit to
the congressional intelligence committees, the Committee on
Appropriations of the Senate, and the Committee on Appropriations of the House of Representatives a report on the time
it takes to onboard personnel in the intelligence community.
(2) ELEMENTS.—The report submitted under paragraph (1)
shall cover the mean and median time it takes to onboard
personnel in the intelligence community, disaggregated by mode
of onboarding and element of the intelligence community.
(d) PLAN.—
(1) IN GENERAL.—Not later than 180 days after the date
of the enactment of this Act, the Director, in coordination
with the heads of the elements of the intelligence community,
shall submit to the congressional intelligence committees, the
Committee on Appropriations of the Senate, and the Committee
on Appropriations of the House of Representatives a plan to
reduce the onboard period for personnel in the intelligence
community, for elements of the intelligence community that
currently have median onboarding times that exceed 180 days.
(2) ELEMENTS.—The plan submitted under paragraph (1)
shall include milestones to achieve certain specific goals with
respect to the mean, median, and mode time it takes to onboard
personnel in the elements of the intelligence community
described in such paragraph, disaggregated by element of the
intelligence community.
(e) IMPLEMENTATION.—The heads of the elements of the intelligence community, including the Director of the Central Intelligence Agency, shall implement the plan submitted under subsection (d) and take all such actions each head considers appropriate
and necessary to ensure that by December 31, 2023, the median
duration of the onboard period for new employees at each element
of the intelligence community is equal to less than 180 days.
SEC. 6602. REPORT ON LEGISLATIVE ACTION REQUIRED TO IMPLEMENT TRUSTED WORKFORCE 2.0 INITIATIVE.

(a) REPORT REQUIRED.—Not later than 180 days after the date
of the enactment of this Act, the Deputy Director for Management
of the Office of Management and Budget shall, in the Deputy
Director’s capacity as the Chair of the Security, Suitability, and
Credentialing Performance Accountability Council pursuant to section 2.4 of Executive Order 13467 (50 U.S.C. 3161 note; relating
to reforming processes related to suitability for Government employment, fitness for contractor employees, and eligibility for access
to classified national security information), submit to Congress a
report on the legislative action required to implement the Trusted
Workforce 2.0 initiative.
(b) CONTENTS.—The report submitted under subsection (a) shall
include the following:
(1) Specification of the statutes that require amendment
in order to implement the initiative described in subsection
(a).
(2) For each statute specified under paragraph (1), an
indication of the priority for enactment of an amendment.

H. R. 7776—1164
(3) For each statute specified under paragraph (1), a
description of the consequences if the statute is not amended.
SEC. 6603. INSPECTOR GENERAL OF THE INTELLIGENCE COMMUNITY
ASSESSMENT OF ADMINISTRATION OF POLYGRAPHS IN
INTELLIGENCE COMMUNITY.

(a) ASSESSMENT REQUIRED.—The Inspector General of the Intelligence Community shall conduct an assessment of the administration of polygraph evaluations that are needed in the intelligence
community to meet current annual personnel hiring requirements.
(b) ELEMENTS.—The assessment completed under subsection
(a) shall include the following:
(1) Identification of the number of polygraphers currently
available at each element of the intelligence community to
meet the requirements described in subsection (a).
(2) If the demand described in subsection (a) cannot be
met, an identification of the number of polygraphers that would
need to be hired and certified to meet it.
(3) A review of the effectiveness of alternatives to the
polygraph, including methods being researched by the National
Center for Credibility Assessment.
(c) BRIEFING.—Not later than 180 days after the date of the
enactment of this Act, the Inspector General of the Intelligence
Community shall brief the congressional intelligence committees,
the Committee on Appropriations of the Senate, and the Committee
on Appropriations of the House of Representatives on the preliminary findings of the Inspector General with respect to the assessment conducted pursuant to subsection (a).
(d) REPORT.—Not later than one year after the date of the
enactment of this Act, the Inspector General of the Intelligence
Community shall submit to the committees described in subsection
(c) a report on the findings of the Inspector General with respect
to the assessment conducted pursuant to subsection (a).
SEC. 6604. TIMELINESS IN THE ADMINISTRATION OF POLYGRAPHS.

(a) STANDARDS REQUIRED.—
(1) IN GENERAL.—Not later than 180 days after the date
of the enactment of this Act, the Director of National Intelligence shall, in the Director’s capacity as the Security Executive Agent pursuant to section 803(a) of the National Security
Act of 1947 (50 U.S.C. 3162a(a)), issue standards for timeliness
for Federal agencies to administer polygraphs conducted for
the purpose of—
(A) adjudicating decisions regarding eligibility for
access to classified information (as defined in the procedures established pursuant to section 801(a) of the National
Security Act of 1947 (50 U.S.C. 3161(a))); and
(B) granting reciprocity pursuant to Security Executive
Agent Directive 2, or successor directive.
(2) PUBLICATION.—The Director shall publish the standards
issued under paragraph (1) in the Federal Register or such
other venue as the Director considers appropriate.
(b) REPORT REQUIRED.—Not later than 180 days after the date
of the enactment of this Act, the Director shall submit to Congress
a report on how Federal agencies will comply with the standards
issued under subsection (a). Such plan shall specify the resources
required by Federal agencies to comply with such standards and
the timeline for doing so.

H. R. 7776—1165
SEC. 6605. POLICY ON SUBMITTAL OF APPLICATIONS FOR ACCESS TO
CLASSIFIED INFORMATION FOR CERTAIN PERSONNEL.

Not later than 180 days after the date of the enactment of
this Act, the Director of National Intelligence shall, in the Director’s
capacity as the Security Executive Agent pursuant to section 803(a)
of the National Security Act of 1947 (50 U.S.C. 3162a(a)), issue
a policy that allows a private person to submit a certain number
or proportion of applications, on a nonreimbursable basis, for
employee access to classified information for personnel who perform
key management and oversight functions who may not merit an
application due to their work under any one contract.
SEC. 6606. TECHNICAL CORRECTION REGARDING FEDERAL POLICY
ON SHARING OF COVERED INSIDER THREAT INFORMATION.

Section 806(b) of the Intelligence Authorization Act for Fiscal
Year 2022 (Public Law 117–103) is amended by striking ‘‘contracting
agency’’ and inserting ‘‘contractor that employs the contractor
employee’’.
SEC. 6607. INSPECTOR GENERAL OF THE INTELLIGENCE COMMUNITY
REPORT ON USE OF SPACE CERTIFIED AS SENSITIVE
COMPARTMENTED INFORMATION FACILITIES.

Not later than 180 days after the date of the enactment of
this Act, the Inspector General of the Intelligence Community shall
submit to the congressional intelligence committees a report on
the utilization of space owned or sponsored by an element of the
intelligence community, located in the continental United States,
that is certified as a sensitive compartmented information facility
under intelligence community or Department of Defense policy.
SEC. 6608. IMPROVING PROHIBITION OF CERTAIN PERSONNEL PRACTICES IN INTELLIGENCE COMMUNITY WITH RESPECT TO
CONTRACTOR EMPLOYEES.

Section 1104(c)(1)(A) of the National Security Act of 1947 (50
U.S.C. 3234(c)(1)(A)) is amended—
(1) by striking ‘‘a supervisor of the contracting agency’’
and inserting ‘‘a supervisor of the employing or contracting
agency or employing contractor’’;
(2) by striking ‘‘contracting agency (or an employee designated by the head of that agency for such purpose)’’ and
inserting ‘‘employing or contracting agency (or an employee
designated by the head of that agency for that purpose) or
employing contractor’’; and
(3) by striking ‘‘appropriate inspector general of the contracting agency’’ and inserting ‘‘appropriate inspector general
of the employing or contracting agency’’.
SEC. 6609. DEFINITIONS REGARDING WHISTLEBLOWER COMPLAINTS
AND INFORMATION OF URGENT CONCERN RECEIVED BY
INSPECTORS GENERAL OF THE INTELLIGENCE COMMUNITY.

(a)
NATIONAL
SECURITY
ACT
OF
1947.—Section
103H(k)(5)(G)(i)(I) of the National Security Act of 1947 (50 U.S.C.
3033(k)(5)(G)(i)(I)) is amended by striking ‘‘within the’’ and all
that follows through ‘‘policy matters.’’ and inserting the following:
‘‘of the Federal Government that is—
‘‘(aa) a matter of national security; and

H. R. 7776—1166
‘‘(bb) not a difference of opinion concerning
public policy matters.’’.
(b) INSPECTOR GENERAL ACT OF 1978.—Section 8H(h)(1)(A)(i)
of the Inspector General Act of 1978 (5 U.S.C. App.) is amended
by striking ‘‘involving’’ and all that follows through ‘‘policy matters.’’
and inserting the following: ‘‘of the Federal Government that is—
‘‘(I) a matter of national security; and
‘‘(II) not a difference of opinion concerning
public policy matters.’’.
(c) CENTRAL INTELLIGENCE AGENCY ACT OF 1949.—Section
17(d)(5)(G)(i)(I)(aa) of the Central Intelligence Agency Act of 1949
(50 U.S.C. 3517(d)(5)(G)(i)(I)(aa)) is amended by striking ‘‘involving’’
and all that follows through ‘‘policy matters.’’ and inserting the
following: ‘‘of the Federal Government that is—
‘‘(AA) a matter of national security;
and
‘‘(BB) not a difference of opinion concerning public policy matters.’’.

TITLE LXVII—MATTERS RELATING TO
EMERGING TECHNOLOGIES
Subtitle A—General Matters
SEC. 6701. DEFINITIONS.

In this title:
(1) ARTIFICIAL INTELLIGENCE.—The term ‘‘artificial intelligence’’ has the meaning given that term in section 5002 of
the National Artificial Intelligence Initiative Act of 2020 (15
U.S.C. 9401).
(2) AUTHORIZATION TO OPERATE.—The term ‘‘authorization
to operate’’ has the meaning given that term in Circular
Number A-130 of the Office of Management and Budget, ‘‘Managing Information as a Strategic Resource’’, or any successor
document.
(3) CODE-FREE ARTIFICIAL INTELLIGENCE ENABLEMENT
TOOLS.—The term ‘‘code-free artificial intelligence enablement
tools’’ means software that provides an environment in which
visual drag-and-drop applications, or similar tools, allow one
or more individuals to program applications without linear
coding.
(4) COMMERCIAL PRODUCT.—The term ‘‘commercial product’’
has the meaning given that term in section 103 of title 41,
United States Code.
(5) COMMERCIAL SERVICE.—The term ‘‘commercial service’’
has the meaning given that term in section 103a of title 41,
United States Code.
(6) COVERED ITEM OR SERVICE.—The term ‘‘covered item
or service’’ means a product, system, or service that is not
a commercially available off-the-shelf item, a commercial
service, or a nondevelopmental item, as those terms are defined
in title 41, United States Code.
(7) COVERED PRODUCT.—The term ‘‘covered product’’ means
a commercial software product that involves emerging technologies or artificial intelligence.

H. R. 7776—1167
(8) EMERGING TECHNOLOGY.—The term ‘‘emerging technology’’ means—
(A) technology that is in a developmental stage or
that may be developed during the 10-year period beginning
on January 1, 2022; or
(B) any technology included in the Critical and
Emerging Technologies List published by the White House
in February 2022, or any successor document.
SEC.

6702.

ADDITIONAL RESPONSIBILITIES OF DIRECTOR OF
NATIONAL INTELLIGENCE FOR ARTIFICIAL INTELLIGENCE POLICIES, STANDARDS, AND GUIDANCE FOR
THE INTELLIGENCE COMMUNITY.

(a) RESPONSIBILITIES OF DIRECTOR OF NATIONAL INTELLIGENCE.—The Director of National Intelligence, in consultation
with the heads of the elements of the intelligence community or
the officials designated under subsection (b), shall—
(1) establish, and periodically conduct reviews of, policies,
standards, and procedures relating to the acquisition, adoption,
development, use, coordination, and maintenance of artificial
intelligence capabilities and associated data, frameworks, computing environments, and other enablers by the intelligence
community (including by incorporating and updating such policies based on emerging technology capabilities), to accelerate
and increase the adoption of artificial intelligence capabilities
within the intelligence community;
(2) ensure policies established or updated pursuant to paragraph (1) are consistent with—
(A) the principles outlined in the guidance of the Office
of the Director of National Intelligence titled ‘‘Principles
of Artificial Intelligence Ethics for the Intelligence Community and its Artificial Intelligence Ethics Framework for
the Intelligence Community’’, or any successor guidance;
and
(B) any other principles developed by the Director
relating to the governance, documentation, auditability, or
evaluation of artificial intelligence systems or the accurate,
secure, ethical, and reliable adoption or use of artificial
intelligence; and
(3) provide to the heads of the elements of the intelligence
community guidance for developing the National Intelligence
Program budget pertaining to such elements to facilitate the
acquisition, adoption, development, use, and maintenance of
element-specific artificial intelligence capabilities, and to ensure
the associated data, frameworks, computing environments, and
other enablers are appropriately prioritized.
(b) DESIGNATED LEADS WITHIN EACH ELEMENT OF THE INTELLIGENCE COMMUNITY.—Each head of an element of the intelligence
community, in coordination with the Director of National Intelligence, shall identify a senior official within the element to serve
as the designated element lead responsible for overseeing and
coordinating efforts relating to artificial intelligence, including
through the integration of the acquisition, technology, human capital, and financial management aspects necessary for the adoption
of artificial intelligence solutions. Such designated element leads
shall meet regularly to consult and coordinate with the Director

H. R. 7776—1168
of National Intelligence regarding the implementation of this section
and this title.
SEC. 6703. DIRECTOR OF SCIENCE AND TECHNOLOGY.

(a) EMERGING TECHNOLOGY ADOPTION.—The Director of Science
and Technology may—
(1) conduct reviews of the policies, standards, and procedures of the intelligence community that relate to emerging
technologies and, as appropriate, recommend to the Director
of National Intelligence changes to such policies, standards,
and procedures, to accelerate and increase the adoption of
emerging technologies by the intelligence community;
(2) make recommendations, in coordination with the heads
of the elements of the intelligence community, to the Director
of National Intelligence with respect to the budgets of such
elements, to accelerate and increase the adoption of emerging
technologies by such elements; and
(3) coordinate with the Under Secretary of Defense for
Research and Engineering on initiatives, policies, and programs
carried out jointly between the intelligence community and
the Department of Defense to accelerate and increase the adoption of emerging technologies.
(b) APPOINTMENT CRITERIA.—Section 103E(b) of the National
Security Act of 1947 (50 U.S.C. 3030(b)) is amended by adding
at the end the following: ‘‘In making such appointment, the Director
of National Intelligence may give preference to an individual with
experience outside of the United States Government.’’.
SEC. 6704. INTELLIGENCE COMMUNITY CHIEF DATA OFFICER.

Title I of the National Security Act of 1947 (50 U.S.C. 3021
et seq.) is amended by inserting after section 103J the following
new section (and conforming the table of contents at the beginning
of such Act accordingly):
‘‘SEC. 103K. INTELLIGENCE COMMUNITY CHIEF DATA OFFICER.

‘‘(a) INTELLIGENCE COMMUNITY CHIEF DATA OFFICER.—There
is an Intelligence Community Chief Data Officer within the Office
of the Director of National Intelligence who shall be appointed
by the Director of National Intelligence.
‘‘(b) REQUIREMENT RELATING TO APPOINTMENT.—An individual
appointed as the Intelligence Community Chief Data Officer shall
have a professional background and experience appropriate for the
duties of the Intelligence Community Chief Data Officer. In making
such appointment, the Director of National Intelligence may give
preference to an individual with experience outside of the United
States Government.
‘‘(c) DUTIES.—The Intelligence Community Chief Data Officer
shall—
‘‘(1) act as the chief representative of the Director of
National Intelligence for data issues within the intelligence
community;
‘‘(2) coordinate, to the extent practicable and advisable,
with the Chief Data Officer of the Department of Defense
to ensure consistent data policies, standards, and procedures
between the intelligence community and the Department of
Defense;

H. R. 7776—1169
‘‘(3) assist the Director of National Intelligence regarding
data elements of the budget of the Office of the Director of
National Intelligence; and
‘‘(4) perform other such duties as may be prescribed by
the Director of National Intelligence or specified in law.’’.

Subtitle B—Improvements Relating to
Procurement
SEC. 6711. ADDITIONAL TRANSACTION AUTHORITY.

(a) ANNUAL REPORTS; FEASIBILITY AND ADVISABILITY STUDY.—
(1) REPORTS.—Not later than 1 year after the date of the
enactment of this Act, and annually thereafter for 5 years,
the Director of National Intelligence shall submit to the
congressional intelligence committees, the Committee on Appropriations of the Senate, and the Committee on Appropriations
of the House of Representatives a report on the use of the
authority under paragraph (5) of section 102A(n) of the National
Security Act of 1947 (50 U.S.C. 3024(n)), as added by subsection
(b).
(2) FEASIBILITY AND ADVISABILITY STUDY.—
(A) STUDY.—The Director of National Intelligence shall
conduct a feasibility and advisability study on whether
to provide to the heads of the elements of the intelligence
community an additional transaction authority that is not
restricted only to basic, applied, and advanced research
projects and prototype projects (similar to such less restrictive additional transaction authorities of the Transportation Security Administration and the National Aeronautics and Space Administration).
(B) SUBMISSION.—Not later than 1 year after the date
of the enactment of this Act, the Director shall submit
to the congressional intelligence committees, the Committee
on Appropriations of the Senate, and the Committee on
Appropriations of the House of Representatives the findings
of the study conducted under subparagraph (A), including,
if the Director determines a less restrictive additional
transaction authority is advisable pursuant to such study,
an identification of any legislative solutions or other actions
necessary to implement such authority.
(b) ADDITIONAL TRANSACTION AUTHORITY.—Section 102A(n) of
the National Security Act of 1947 (50 U.S.C. 3024(n)) is amended
by adding at the end the following:
‘‘(5) OTHER TRANSACTION AUTHORITY.—
‘‘(A) IN GENERAL.—In addition to other acquisition authorities, the Director of National Intelligence may exercise the
acquisition authorities referred to in sections 4021 and 4022
of title 10, United States Code, subject to the provisions of
this paragraph.
‘‘(B) DELEGATION.—(i) The Director shall delegate the
authorities provided by subparagraph (A) to the heads of elements of the intelligence community.
‘‘(ii) The heads of elements of the intelligence community
shall, to the maximum extent practicable, delegate the
authority delegated under clause (i) to the official of the respective element of the intelligence community responsible for

H. R. 7776—1170
decisions with respect to basic, applied, or advanced research
activities or the adoption of such activities within such element.
‘‘(C) INTELLIGENCE COMMUNITY AUTHORITY.—(i) For purposes of this paragraph, the limitation in section 4022(a)(1)
of title 10, United States Code, shall not apply to elements
of the intelligence community.
‘‘(ii) Subject to section 4022(a)(2) of such title, the Director
may enter into transactions and agreements (other than contracts, cooperative agreements, and grants) of amounts not
to exceed $75,000,000 under this paragraph to carry out basic,
applied, and advanced research projects and prototype projects
in support of intelligence activities.
‘‘(iii) For purposes of this paragraph, the limitations specified in section 4022(a)(2) of such title shall apply to the intelligence community in lieu of the Department of Defense, and
the Director shall—
‘‘(I) identify appropriate officials who can make the
determinations required in subparagraph (B)(i) of such section for the intelligence community; and
‘‘(II) 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 in lieu of the congressional defense committees, as specified in subparagraph (B)(ii) of such section.
‘‘(iv) For purposes of this paragraph, the limitation in section 4022(a)(3) of such title shall not apply to elements of
the intelligence community.
‘‘(v) In carrying out this paragraph, section 4022(d)(1) of
such title shall be applied by substituting ‘Director of National
Intelligence’ for ‘Secretary of Defense’.
‘‘(vi) For purposes of this paragraph, the limitations in
section 4022(d)(2) of such title shall not apply to elements
of the intelligence community.
‘‘(vii) In addition to the follow-on production contract criteria in section 4022(f)(2) of such title, the following additional
criteria shall apply:
‘‘(I) The authorizing official of the relevant element
of the intelligence community determines that Government
users of the proposed production product or production
service have been consulted.
‘‘(II) In the case of a proposed production product that
is software, there are mechanisms in place for Government
users to provide ongoing feedback to participants to the
follow-on production contract.
‘‘(III) In the case of a proposed production product
that is software, there are mechanisms in place to promote
the interoperability and accessibility with and between
Government and commercial software providers, including
by the promotion of open application programming interfaces and requirement of appropriate software documentation.
‘‘(IV) The award follows a documented market analysis
as mandated by the Federal Acquisition Regulations surveying available and comparable products.
‘‘(V) In the case of a proposed production product that
is software, the follow-on production contract includes a

H. R. 7776—1171
requirement that, for the duration of such contract (or
such other period of time as may be agreed to as a term
of such contract)—
‘‘(aa) the participants provide the most up-to-date
version of the product that is available in the commercial marketplace and is consistent with security
requirements;
‘‘(bb) there are mechanisms in place for the participants to provide timely updates to the production
product; and
‘‘(cc) the authority specified in section 4022(f)(5)
of such title shall be exercised by the Director in lieu
of the Secretary of Defense.
‘‘(D) IMPLEMENTATION POLICY.—The Director, in consultation with the heads of the elements of the intelligence community, shall—
‘‘(i) not later than 180 days after the date of the enactment of the Intelligence Authorization Act for Fiscal Year
2023, establish and implement an intelligence communitywide policy prescribing the use and limitations of the
authority under this paragraph, particularly with respect
to the application of subparagraphs (B) and (C);
‘‘(ii) periodically review and update the policy established under clause (i); and
‘‘(iii) submit to the congressional intelligence committees, the Committee on Appropriations of the Senate, and
the Committee on Appropriations of the House of Representatives the policy when established under clause (i)
or updated under clause (ii).
‘‘(E) ANNUAL REPORT.—
‘‘(i) IN GENERAL.—Not less frequently than annually,
the Director shall submit to the congressional intelligence
committees, the Committee on Appropriations of the
Senate, and the Committee on Appropriations of the House
of Representatives a report detailing the use by the intelligence community of the authority provided by this paragraph.
‘‘(ii) ELEMENTS.—
‘‘(I) REQUIRED ELEMENTS.—Each report required
by clause (i) shall detail the following:
‘‘(aa) The number of transactions.
‘‘(bb) The participants to such transactions.
‘‘(cc) The purpose of the transaction.
‘‘(dd) The amount of each transaction.
‘‘(ee) Concerns with the efficiency of the policy.
‘‘(ff) Any recommendations for how to improve
the process.
‘‘(II) OTHER ELEMENTS.—Each report required by
clause (i) may describe such transactions which have
been awarded follow-on production contracts either
pursuant to the authority provided by this paragraph
or another acquisition authority available to the intelligence community.’’.
SEC. 6712. IMPLEMENTATION PLAN AND ADVISABILITY STUDY FOR
OFFICES OF COMMERCIAL INTEGRATION.

(a) PLAN AND STUDY.—

H. R. 7776—1172
(1) SUBMISSION.—Not later than 1 year after the date of
the enactment of this Act, the Director of National Intelligence,
in coordination with the heads of the elements 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) a plan for the establishment of a centralized office
or offices within each appropriate element of the intelligence community, to be known as the ‘‘Office of Commercial Integration’’, for the purpose of—
(i) assisting persons desiring to submit an offer
for a contract with the intelligence community; and
(ii) assisting with the procurement of commercial
products and commercial services; and
(B) the findings of a study conducted by the Director
into the advisability of implementing such plan, including
an assessment of—
(i) whether there should be a single Office of
Commercial Integration for the intelligence community
or whether each element of the intelligence community
shall establish such an Office;
(ii) the costs and benefits of the implementation
of such plan; and
(iii) whether there is within any element of the
intelligence community an existing office or program
similar to the proposed Office of Commercial Integration.
(2) ELEMENTS.—The materials submitted under paragraph
(1) shall include the following:
(A) A recommendation by the Director, based on the
findings of the study under paragraph (1)(B), on—
(i) how the plan under paragraph (1)(A) compares
to specific alternative actions of the intelligence
community that could be taken to assist persons
desiring to submit an offer for a contract with the
intelligence community and assist with the procurement of commercial products and commercial services;
and
(ii) whether to implement such plan.
(B) A proposal for the designation of a senior official
of the Office of the Director of National Intelligence who
would be responsible for the coordination across the intelligence community or across the Offices of Commercial
Integration, depending on the findings of the study under
paragraph (1)(B).
(C) Draft guidelines that would require the coordination and sharing of best practices and other information
across the intelligence community.
(D) A timeline of the steps that would be necessary
to establish each Office of Commercial Integration by the
date that is not later than 2 years after the date of the
enactment of this Act.
(E) An assessment of the personnel requirements, and
any other resource requirements, that would be necessary

H. R. 7776—1173
to establish the Office or Offices of Commercial Integration
by such date, including—
(i) the amount of personnel necessary for the
establishment of the Office or Offices of Commercial
Integration; and
(ii) the necessary qualifications of any such personnel.
(F) Policies regarding the types of assistance that, if
an Office or Offices of Commercial Integration were to
be established, could be provided to contractors by the
Director of such Office, taking into account the role of
such assistance as an incentive for emerging technology
companies to enter into contracts with the heads of the
elements of the intelligence community.
(G) Eligibility criteria for determining the types of
offerors or contractors that would be eligible to receive
assistance provided by each Office of Commercial Integration.
(H) Policies regarding outreach efforts that would be
required to be conducted by the Office or Offices of Commercial Integration with respect to eligible contractors.
(I) Policies regarding how the intelligence community
would coordinate with the Director of the Federal Bureau
of Investigation to provide proactive counterintelligence
risk analysis and assistance to entities in the private sector.
(J) Draft guidelines that would require the Office or
Offices of Commercial Integration to appoint and assign
personnel with expertise in a range of disciplines necessary
for the accelerated integration of commercial technologies
into the intelligence community (as determined by the
Office or Offices of Commercial Integration), including
expertise in the following:
(i) Authorizations to operate.
(ii) Contracting.
(iii) Facility clearances.
(iv) Security clearances.
(K) Such other intelligence community-wide policies
as the Director of National Intelligence may prescribe
relating to the improvement of commercial integration (and
the coordination of such improvements) by and among the
elements of the intelligence community.
(b) PUBLIC WEBSITE ON COMMERCIAL INTEGRATION.—
(1) ESTABLISHMENT.—Not later than 1 year after the date
of the date of enactment of this Act, the Director of National
Intelligence, in coordination with the head of the relevant elements of the intelligence community (as determined by the
Director) and the designated element leads under section
6702(b), shall establish a publicly accessible website that
includes relevant information necessary for offerors or contractors to conduct business with each element of the intelligence
community.
(2) INCLUSION OF CERTAIN INFORMATION.—If there is established an Office or Offices of Commercial Integration in accordance with subsection (a), the website under paragraph (1) shall
include—
(A) information, as appropriate, on the elements under
subsection (a)(2) relating to that Office; and

H. R. 7776—1174
(B) contact information for the relevant senior officers
of the Office or Offices.
SEC. 6713. PILOT PROGRAM ON DESIGNATED EMERGING TECHNOLOGY
TRANSITION PROJECTS.

(a) PILOT PROGRAM.—The Director of National Intelligence shall
carry out a pilot program to more effectively transition promising
prototypes or products in a developmental stage to a production
stage, through designating eligible projects as ‘‘Emerging Technology Transition Projects’’.
(b) DESIGNATION.—
(1) IN GENERAL.—Not later than 180 days after the date
of the enactment of this Act, the Director of National Intelligence shall issue guidelines to implement the pilot program
under subsection (a).
(2) REQUIREMENTS.—The guidelines issued pursuant to
paragraph (1) shall include the following requirements:
(A) Each head of an element of the intelligence community shall submit to the Director of National Intelligence
a prioritized list of not more than 10 eligible projects per
year to be considered for designation by the Director of
National Intelligence as Emerging Technology Transition
Projects during the budget formulation process.
(B) The Director of National Intelligence shall designate not more than 10 eligible projects per year as
Emerging Technology Transition Projects.
(C) No eligible project may be designated by the
Director of National Intelligence as an Emerging Technology Transition Project unless the head of an element
of the intelligence community includes the project in the
prioritized list under subparagraph (A) and submits to
the Director of National Intelligence, with respect to the
project, each of the following:
(i) A justification of why the product was nominated for transition, including a description of the
importance of the proposed product to the mission of
the intelligence community and the nominating agency.
(ii) A certification that the project provides new
technologies or processes, or new applications of
existing technologies, that shall enable more effective
alternatives to existing programs, systems, or initiatives of the intelligence community.
(iii) A certification that the project provides future
cost savings, significantly reduces the time to deliver
capabilities to the intelligence community, or significantly improves a capability of the intelligence community.
(iv) A certification that funding is not proposed
for the project in the budget request of the respective
covered element for the fiscal year following the fiscal
year in which the project is submitted for consideration.
(v) A certification in writing by the nominating
head that the project meets all applicable criteria and
requirements of the respective covered element for
transition to production and that the nominating head
would fund the project if additional funds were made
available for such purpose.

H. R. 7776—1175
(vi) A description of the means by which the proposed production product shall be incorporated into
the activities and long-term budget of the respective
covered element following such transition.
(vii) A description of steps taken to ensure that
the use of the product shall reflect commercial best
practices, as applicable.
(D) A clear description of the selection of eligible
projects, including specific criteria, that shall include, at
a minimum, the requirements specified in subparagraph
(C).
(E) The designation of an official responsible for implementing this section and coordinating with the heads of
the elements of the intelligence community with respect
to the guidelines issued pursuant to paragraph (1) and
overseeing the awards of funds to Emerging Technology
Transition Projects with respect to that element.
(3) REVOCATION OF DESIGNATION.—The designation of an
Emerging Technology Transition Project under subsection (b)
may be revoked at any time by—
(A) the Director of National Intelligence; or
(B) the relevant head of a covered element of the
intelligence community that previously submitted a project
under subsection (b), in consultation with the Director of
National Intelligence.
(c) BENEFITS OF DESIGNATION.—
(1) INCLUSION IN MULTIYEAR NATIONAL INTELLIGENCE PROGRAM PLAN.—The Director of National Intelligence shall include
in the relevant multiyear national intelligence program plan
submitted to Congress under section 1403 of the National
Defense Authorization Act for Fiscal Year 1991 (50 U.S.C.
3301) the planned expenditures, if any, of each designated
project during the period of its designation.
(2) INCLUSION UNDER SEPARATE EXHIBIT.—The heads of
elements of the intelligence community shall ensure that each
designated project is included in a separate budget exhibit
in the relevant multiyear national intelligence program plan
submitted to Congress under such section 1403 of the National
Defense Authorization Act for Fiscal Year 1991 (50 U.S.C.
3301) for the period of the designation of such project.
(3) CONSIDERATION IN PROGRAMMING AND BUDGETING.—
Each designated project shall be taken into consideration by
the nominating head in the programming and budgeting phases
of the intelligence planning, programming, budgeting, and
evaluation process during the period of its designation.
(d) REPORTS TO CONGRESS.—
(1) ANNUAL REPORTS.—On an annual basis for each fiscal
year during which the pilot program under subsection (a) is
carried out, concurrently with the submission of the budget
of the President for that fiscal year under section 1105(a)
of title 31, United States Code, the Director of National Intelligence shall submit to the congressional intelligence committees and the Committees on Appropriations of the House of
Representatives and the Senate a report that includes the
following:
(A) A description of each designated project.

H. R. 7776—1176
(B) A summary of the potential of each designated
project, as specified in subsection (b)(2)(C).
(C) For each designated project, a description of the
progress made toward delivering on such potential.
(D) A description of any funding proposed for the designated project in the future-years intelligence program,
including by program, appropriation account, expenditure
center, and project.
(E) Such other information on the status of such pilot
program as the Director considers appropriate.
(2) FINAL REPORT.—In the final report submitted under
paragraph (1) prior to the date of termination under subsection
(e), the Director of National Intelligence shall include a recommendation on whether to extend the pilot program under
subsection (a) and the appropriate duration of such extension,
if any.
(e) TERMINATION DATE.—The authority to carry out the pilot
program under subsection (a) shall terminate on December 31,
2027.
(f) DEFINITION OF COVERED ELEMENT OF THE INTELLIGENCE
COMMUNITY.—In this section, the term ‘‘covered element of the
intelligence community’’ means the following:
(1) The Office of the Director of National Intelligence.
(2) The Central Intelligence Agency.
(3) The National Security Agency.
(4) The National Geospatial-Intelligence Agency.
(5) The National Reconnaissance Office.
(6) The Defense Intelligence Agency.
SEC. 6714. HARMONIZATION OF AUTHORIZATIONS TO OPERATE.

(a) DEFINITION OF APPROPRIATE COMMITTEES OF CONGRESS.—
In this section, the term ‘‘appropriate committees of Congress’’
means—
(1) the congressional intelligence committees;
(2) the Committee on Armed Services of the Senate;
(3) the Committee on Appropriations of the Senate;
(4) the Committee on Armed Services of the House of
Representatives; and
(5) the Committee on Appropriations of the House of Representatives.
(b) PROTOCOL.—Not later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence, in
coordination with the Secretary of Defense and the heads of the
elements of the intelligence community, shall develop and submit
to the appropriate committees of Congress a single protocol setting
forth policies and procedures relating to authorizations to operate
for Department of Defense or intelligence community systems held
by industry providers.
(c) LIMITATION.—The protocol under subsection (b) shall be
limited to authorizations to operate for Department of Defense
and intelligence community systems.
(d) ELEMENTS.—The protocol under subsection (b) shall include,
at a minimum, the following:
(1) A policy for reciprocal recognition, as appropriate,
among the elements of the intelligence community and the
Department of Defense of authorizations to operate held by

H. R. 7776—1177
commercial providers. Such reciprocal recognition shall be limited to authorizations to operate for systems that collect,
process, maintain, use, share, disseminate, or dispose of data
classified at an equal or lower classification level than the
original authorization.
(2) Procedures under which, subject to such criteria as
may be prescribed by the Director of National Intelligence
jointly with the Secretary of Defense, a provider that holds
an authorization to operate for a Department of Defense or
intelligence community system may provide to the head of
an element of the intelligence community or the Department
of Defense the most recently updated version of any software,
data, or application for use on such system without being
required to submit an application for new or renewed authorization.
(3) Procedures for the review, renewal, and revocation of
authorizations to operate held by commercial providers,
including procedures for maintaining continuous authorizations
to operate, subject to such conditions as may be prescribed
by the Director of National Intelligence, in coordination with
the Secretary of Defense. Such procedures may encourage
greater use of modern security practices already being adopted
by the Department of Defense and other Federal agencies,
such as continuous authorization with system security focused
on continuous monitoring of risk and security controls, active
system defense, and the use of an approved mechanism for
secure and continuous delivery of software (commonly referred
to as ‘‘DevSecOps’’).
(4) A policy for the harmonization of documentation requirements for commercial providers submitting applications for
authorizations to operate, with the goal of a uniform requirement across the Department of Defense and the elements of
the intelligence community (subject to exceptions established
by the Director and the Secretary). Such policy shall include
the following requirements:
(A) A requirement for the full disclosure of evidence
in the reciprocity process across the Department of Defense
and the elements of the intelligence community.
(B) With respect to a system with an existing
authorization to operate, a requirement for approval by
the Chief Information Officer or a designated official (as
the head of the respective element of the intelligence
community determines appropriate) for such system to
operate at an equal or higher level classification level,
to be granted prior to the performance of an additional
security assessment with respect to such system, and
regardless of which element of the intelligence community
or Department of Defense granted the original authorization.
(5) A requirement to establish a joint secure portal of
the Office of the Director of National Intelligence and the
Department of Defense for the maintenance of records, applications, and system requirements for authorizations to operate.
(6) A plan to examine, and if necessary, address, the shortage of intelligence community and Department of Defense personnel authorized to support and grant an authorization to
operate. Such plan shall include—

H. R. 7776—1178
(A) a report on the current average wait times for
authorizations to operate and backlogs, disaggregated by
each element of the intelligence community and the Department of Defense;
(B) appropriate recommendations to increase pay or
implement other incentives to recruit and retain such personnel; and
(C) a plan to leverage independent third-party assessment organizations to support assessments of applications
for authorizations to operate.
(7) Procedures to ensure data security and safety with
respect to the implementation of the protocol.
(8) A proposed timeline for the implementation of the protocol by the deadline specified in subsection (g).
(e) COORDINATING OFFICIALS.—Not later than 60 days after
the date of the enactment of this Act—
(1) the Director of National Intelligence shall designate
an official of the Office of the Director of National Intelligence
responsible for implementing this section on behalf of the
Director and leading coordination across the intelligence
community for such implementation;
(2) the Secretary of Defense shall designate an official
of the Department of Defense responsible for implementing
this section on behalf of the Secretary and leading coordination
across the Department of Defense for such implementation;
and
(3) each head of an element of the intelligence community
shall designate an official of that element responsible for implementing this section and overseeing implementation of the
protocol under subsection (b) with respect to the element.
(f) DOCUMENTATION REQUIREMENTS.—Under the protocol under
subsection (b), no head of a Federal agency may commence the
operation of a system using an authorization to operate granted
by another Federal agency without possessing documentation of
the original authorization to operate.
(g) IMPLEMENTATION REQUIRED.—The protocol under subsection
(b) shall be implemented not later than January 1, 2025.
SEC. 6715. PLAN TO EXPAND SENSITIVE COMPARTMENTED INFORMATION FACILITY ACCESS BY CERTAIN CONTRACTORS;
REPORTS ON EXPANSION OF SECURITY CLEARANCES FOR
CERTAIN CONTRACTORS.

(a) PLAN; BRIEFING.—
(1) IN GENERAL.—Not later than 180 days after the date
of the date of enactment of this Act, the Director of National
Intelligence, in consultation with the Secretary of Defense and
the heads of such other elements of the intelligence community
as the Director of National Intelligence may determine appropriate, shall—
(A) develop a plan to expand access by contractors
of small emerging technology companies to sensitive
compartmented information facilities for the purpose of
providing such contractors with a facility to securely perform work; and
(B) provide to the congressional intelligence committees, the Committee on Armed Services and the Committee
on Appropriations of the Senate, and the Committee on

H. R. 7776—1179
Armed Services and the Committee on Appropriations of
the House of Representatives a briefing on such plan.
(2) MATTERS.—The plan under paragraph (1) shall include
the following:
(A) An overview of the existing sensitive compartmented information facilities, if any, that may be available
for the purpose specified in paragraph (1).
(B) An assessment of the feasibility of building additional sensitive compartmented information facilities for
such purpose.
(C) An assessment of the relative costs and benefits
of repurposing existing, or building additional, sensitive
compartmented information facilities for such purpose.
(D) The eligibility criteria for determining which contractors under this section may be granted access to sensitive compartmented information facilities for such purpose.
(E) An estimate of the maximum number of contractors
that may be provided access to sensitive compartmented
information facilities for such purpose, taking into account
the matters specified in subparagraphs (A) and (B).
(F) Policies to ensure the efficient and narrow use
of sensitive compartmented information facilities for such
purpose, including a timeline for the length of such use
by a contractor under this section and a detailed description
of the process to terminate access to the sensitive compartmented information facility by such contractor upon—
(i) the expiration of the contract or agreement
of the contractor; or
(ii) a determination that the contractor no longer
has a need for such access to fulfill the terms of such
contract or agreement.
(G) Pricing structures for the use of sensitive compartmented information facilities by contractors for the purpose
specified in paragraph (1). Such pricing structures—
(i) may include free use (for the purpose of
incentivizing future contracts), with the potential for
pricing to increase dependent on the length of the
contract or agreement, the size of the contractor, and
the need for such use; and
(ii) shall ensure that the cumulative cost for a
contractor to rent and independently certify a sensitive
compartmented information facility for such purpose
does not exceed the market average for the Director
of National Intelligence or the Secretary of Defense
to build, certify, and maintain a sensitive compartmented information facility.
(H) A security plan for vetting each contractor prior
to the access of a sensitive compartmented information
facility by the contractor for the purpose specified in paragraph (1), and an assessment of potential security concerns
regarding such access.
(I) A proposed timeline for the expansion of access
to sensitive compartmented information facilities in accordance with paragraph (1).

H. R. 7776—1180
(J) Such other matters as the Director of National
Intelligence or the Secretary of Defense considers relevant
to such expansion.
(b) ELIGIBILITY CRITERIA FOR CONTRACTORS.—Unless the
Director of National Intelligence determines the source of the
financing of a contractor poses a national security risk, such source
of financing may not be taken into consideration in making a
determination as to the eligibility of the contractor in accordance
with subsection (a)(2)(D).
(c) REPORTS ON EXPANSION OF SECURITY CLEARANCES FOR CERTAIN CONTRACTORS.—
(1) REPORTS.—Not later than 180 days after the date of
the enactment of this Act, and annually thereafter for 3 years,
the Director of National Intelligence and the Secretary of
Defense shall jointly submit to the congressional intelligence
committees, the Committee on Armed Services of the Senate,
and the Committee on Armed Services of the House of Representatives a report on the extent to which security clearance
requirements delay, limit, or otherwise disincentivize emerging
technology companies from entering into contracts with the
United States Government.
(2) MATTERS.—Each report under paragraph (1) shall
include the following:
(A) Statistics on the periods of time between the
submission of applications for security clearances by
employees of emerging technology companies and the grant
of such security clearances, disaggregated by the size of
the respective company.
(B) The number of security clearances granted to
employees of small emerging technology companies during
the period covered by the report.
(C) The number of applications for security clearances
submitted by employees of emerging technology companies
that have yet to be adjudicated as of the date on which
the report is submitted.
(D) A projection, for the year following the date on
which the report is submitted, of the number of security
clearances necessary for employees of emerging technology
companies to perform work on behalf of the intelligence
community during such year, and an assessment of the
capacity of the intelligence community to meet such
demand.
(E) An identification of each occurrence, during the
period covered by the report, in which an emerging technology company withdrew from or declined to accept a
contract with the United States Government on the sole
basis of delays, limitations, or other issues involving security clearances, and a description of the types of business
the United States Government has lost as a result of such
occurrences.
(F) Recommendations for expediting the grant of security clearances to employees of emerging technology companies, including with respect to any additional resources,
authorities, or personnel that the Director of National Intelligence determines may be necessary for such expedition.

H. R. 7776—1181
(3) FORM.—Each report under paragraph (1) may be submitted in classified form, but if so submitted shall include
an unclassified executive summary.
(d) PROPOSAL CONCURRENT WITH BUDGET SUBMISSION.—At the
time that the President submits to Congress the budget for fiscal
year 2024 pursuant to section 1105 of title 31, United States Code,
the Director of National Intelligence shall submit to the congressional intelligence committees a proposal to improve the capacity
of the workforce responsible for the investigation and adjudication
of security clearances, with the goal of reducing the period of
time specified in subsection (c)(2)(A) to fewer than 60 days. Such
proposal shall include an identification of any resources the Director
of National Intelligence determines necessary to expand the number
of individuals authorized to conduct polygraphs on behalf of the
intelligence community, including by furnishing necessary training
to such individuals.
(e) APPLICABILITY.—The plan, briefing, reports, and proposal
required by this section shall apply only with respect to the intelligence community and the Department of Defense.
SEC.

6716.

COMPLIANCE BY INTELLIGENCE COMMUNITY WITH
REQUIREMENTS OF FEDERAL ACQUISITION REGULATION
RELATING TO COMMERCIALLY AVAILABLE OFF-THESHELF ITEMS AND COMMERCIAL SERVICES.

(a) COMPLIANCE POLICY.—
(1) REQUIREMENT.—Not later than 1 year after the date
of the enactment of this Act, the Director of National Intelligence shall implement a policy to ensure that each element
of the intelligence community complies with parts 10 and 12
of the Federal Acquisition Regulation with respect to any Federal Acquisition Regulation-based procurements.
(2) ELEMENTS.—The policy under paragraph (1) shall
include the following:
(A) Written criteria for an element of the intelligence
community to evaluate when a procurement of a covered
item or service is permissible, including—
(i) requiring the element to conduct an independent market analysis to determine whether a
commercially available off-the-shelf item, nondevelopmental item, or commercial service is viable; and
(ii) a description of the offeror for such covered
item or service and how the covered item or service
to be acquired will be integrated into existing systems
of the intelligence community.
(B) A detailed set of performance measures for the
acquisition personnel of the intelligence community that—
(i) prioritizes adherence to parts 10 and 12 of
the Federal Acquisition Regulation;
(ii) encourages acquisition of commercially available off-the-shelf items, nondevelopmental items, or
commercial services; and
(iii) incentivizes such personnel of the intelligence
community that enter into contracts for covered items
or services only when necessary.

H. R. 7776—1182
(3) SUBMISSION.—Not later than 180 days after the date
of the enactment of this Act, the Director of National Intelligence shall submit to the congressional intelligence committees, the 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) the policy developed pursuant to paragraph (1);
and
(B) the plan to implement such policy by not later
than 1 year after the date of such enactment.
(4) MARKET ANALYSIS.—In carrying out the independent
market analysis pursuant to paragraph (2)(A)(i), the Director
may enter into a contract with an independent market research
group with qualifications and expertise to find available
commercial products or commercial services to meet the needs
of the intelligence community.
(b) ANNUAL REPORTS.—
(1) REQUIREMENT.—Not later than 2 years after the date
of the enactment of this Act, and annually thereafter for 3
years, the Director, in consultation with the head of each 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 the policy developed
under subsection (a).
(2) ELEMENTS.—Each report under paragraph (1) shall
include, with respect to the period covered by the report, the
following:
(A) An evaluation of the success of the policy, including
with respect to the progress the elements have made in
complying with parts 10 and 12 of the Federal Acquisition
Regulation.
(B) A description of how any market analyses are
conducted pursuant to subsection (a)(2)(A)(i).
(C) Any recommendations to improve compliance with
such parts 10 and 12.
SEC. 6717. POLICY ON REQUIRED USER ADOPTION METRICS IN CERTAIN CONTRACTS FOR ARTIFICIAL INTELLIGENCE AND
EMERGING TECHNOLOGY SOFTWARE PRODUCTS.

(a) POLICY.—Not later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence shall
establish a policy regarding user adoption metrics for contracts
and other agreements for the procurement of covered products
as follows:
(1) With respect to a contract or other agreement entered
into between the head of an element of the intelligence community and a commercial provider for the procurement of a covered
product for users within the intelligence community, a requirement that each such contract or other agreement include, as
a term of the contract or agreement, an understanding of the
anticipated use of the covered product with a clear metric
for success and for collecting user adoption metrics, as appropriate, for assessing the adoption of the covered product by
such users.

H. R. 7776—1183
(2) Such exceptions to the requirements under paragraph
(1) as may be determined appropriate pursuant to guidance
established by the Director of National Intelligence.
(3) A requirement that prior to the procurement of, or
the continuation of the use of, any covered product procured
by the head of an element of the intelligence community, the
head has determined a method for assessing the success of
the covered product from user adoption metrics.
(b) SUBMISSION.—Not later than 60 days after the date on
which the policy under subsection (a) is established, the Director
of National Intelligence 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
such policy.
SEC. 6718. CERTIFICATION RELATING TO INFORMATION TECHNOLOGY
AND SOFTWARE SYSTEMS.

(a) CERTIFICATIONS REQUIRED.—Prior to the date on which
the head of an element of the intelligence community enters into,
renews, or extends a contract for the acquisition of an information
technology or software system, the head shall certify to the Director
of National Intelligence the following:
(1) That the information technology or software system
is the most up-to-date version of the system available or, if
it is not, why a more out of date version was chosen.
(2) That the information technology or software system
is compatible with integrating new and emerging technologies,
such as artificial intelligence.
(3) That the information technology or software system
was thoroughly reviewed and alternative products are not superior to meet the requirements of the element.
(b) EXEMPTION.—The Director of National Intelligence may
exempt elements of the intelligence community, as appropriate,
from the requirements under (a) if meeting such requirements
may pose security or operational risks.
(c) GUIDANCE.—The Director shall issue to the heads of the
elements of the intelligence community, and 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, guidance to—
(1) establish guidelines that the heads of the relevant elements of the intelligence community shall use to evaluate the
criteria required for the certifications under subsection (a);
(2) incentivize each such head to adopt and integrate new
and emerging technology within information technology and
software systems of the element and to decommission and
replace outdated systems, including through potential funding
enhancements; and
(3) incentivize, and hold accountable, personnel of the intelligence community with respect to the integration of new and
emerging technology within such systems, including through
the provision of appropriate training programs and evaluations.

H. R. 7776—1184

Subtitle C—Reports
SEC. 6721. REPORTS ON INTEGRATION OF ARTIFICIAL INTELLIGENCE
WITHIN INTELLIGENCE COMMUNITY.

(a) REPORTS BY ELEMENTS OF INTELLIGENCE COMMUNITY.—
Not later than 180 days after the date of the enactment of this
Act, each senior official within an element of the intelligence
community identified as a designated element lead pursuant to
section 6702(b) 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 the efforts of that element to develop, acquire, adopt,
and maintain artificial intelligence to improve intelligence collection
and analysis and optimize internal work flows. Each such report
shall include the following:
(1) A description of the authorities of the element relating
to the use of artificial intelligence.
(2) A list of any resource or authority necessary to accelerate the adoption by the element of artificial intelligence solutions, including commercial products, or personnel authorities.
(3) A description of the element’s roles, responsibilities,
and authorities for accelerating the adoption by the element
of artificial intelligence solutions.
(4) The application of the policies and principles described
in section 6702(a)(2) to paragraphs (1), (2), and (3).
(b) AUDITS BY INSPECTORS GENERAL.—
(1) AUDITS.—Not later than 2 years after the date of the
enactment of this Act, each inspector general with oversight
responsibility for an element of the intelligence community
shall conduct and audit, and brief 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 the findings of the audit, to evaluate the following:
(A) The efforts of such element to develop, acquire,
adopt, and maintain artificial intelligence capabilities for
the purpose of improving intelligence collection and analysis in a timely manner and the extent to which such
efforts are consistent with the policies and principles
described in section 6702(a)(2);
(B) The degree to which the element has implemented
each of the provisions of this title.
(C) Any administrative or technical barriers to the
accelerated adoption of artificial intelligence by such element.
(2) INPUT REQUIRED.—The results of each audit under paragraph (1) shall be disaggregated by, and include input from,
organizational units of the respective element of the intelligence
community that focus on the following:
(A) Acquisitions and contracting.
(B) Personnel and workforce matters.
(C) Financial management and budgeting.
(D) Operations and capabilities.

H. R. 7776—1185
(3) AUDIT OF OFFICE OF DIRECTOR OF NATIONAL INTELLIGENCE.—With respect to the audit of the Office of the Director
of National Intelligence conducted by the Inspector General
of the Intelligence Community under paragraph (1), the
Inspector General shall also audit the extent to which the
Director of National Intelligence coordinates across the intelligence community for the purpose of ensuring the adoption
of best practices, the use of shared contracting vehicles for
products and services that meet common requirements, the
sharing of information, and the efficient use of resources,
relating to artificial intelligence.
(c) ANNUAL REPORT BY DIRECTOR OF NATIONAL INTELLIGENCE.—
(1) REPORTS.—Not later than 1 year after the date of the
enactment of this Act, and annually thereafter for 3 years,
the Director of National Intelligence, in consultation with the
heads of the elements 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 the progress of the adoption of artificial intelligence within
the intelligence community.
(2) MATTERS.—Each report under paragraph (1) shall
include, with respect to the year covered by the report, the
following:
(A) A detailed description of the progress of each element of the intelligence community in the adoption and
maintenance of artificial intelligence during such year,
including a detailed description of any—
(i) artificial intelligence programs or systems
adopted by the element;
(ii) contracts entered into by the head of the element with small- or medium-sized emerging technology
companies for commercial products involving artificial
intelligence; and
(iii) relevant positions established or filled within
the element.
(B) A description of any policies of the intelligence
community issued during such year that relate to the adoption of artificial intelligence within the intelligence community, including an assessment of the compliance with such
policies by the elements of the intelligence community.
(C) A list of recommendations for the efficient, accelerated, and comprehensive adoption of artificial intelligence
across the intelligence community during the year following
the year covered by the report, including any technological
advances in artificial intelligence that the intelligence
community should leverage from industry actors.
(D) An overview of the advances of foreign adversaries
in the field of artificial intelligence, and steps that may
be taken to ensure the United States Government outpaces
foreign adversaries in such field.
(E) Any gaps in resource or authorities, or other
administrative or technical barriers, to the adoption of
artificial intelligence by the intelligence community.
(F) Such other matters as the Director may determine
appropriate.

H. R. 7776—1186
(3) FORM.—Each report under paragraph (1) may be submitted in classified form.
(4) ENTRY BY CHIEF DATA OFFICER.—Each report under
paragraph (1) shall include an entry by the Intelligence Community Chief Data Officer that addresses each of the matters
specified in paragraph (2) with respect to the organization
of data for the accelerated adoption of artificial intelligence
solutions.
SEC. 6722. REPORT ON POTENTIAL BENEFITS OF ESTABLISHMENT OF
ICWERX.

(a) REPORT.—Not later than 180 days after the date of enactment of this Act, the Director of National Intelligence, in coordination with the Director of the Central Intelligence Agency and the
Director of the National Security 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 an assessment of whether the intelligence
community would benefit from the establishment of a new organization to be known as ‘‘ICWERX’’, the mission and activities of which
would incorporate lessons learned from AFWERX of the Air Force
(or such successor program), the Defense Innovation Unit of the
Department of Defense, In-Q-Tel, and other programs sponsored
by the Federal Government with a focus on accelerating the adoption of emerging technologies for mission-relevant applications or
innovation.
(b) ELEMENTS.—The report under subsection (a) shall include
the following:
(1) A review of the existing avenues for small- and mediumsized emerging technology companies to provide to the intelligence community artificial intelligence or other technology
solutions, including an identification, for each of the 5 years
preceding the year in which the report is submitted, of the
annual number of such companies that have provided the intelligence community with such solutions.
(2) A review of the existing processes by which the heads
of the elements of the intelligence community acquire and
transition commercial research of small- and medium-sized
emerging technology companies in a prototype or other early
developmental stage.
(3) An assessment of—
(A) whether the intelligence community is currently
postured to incorporate the technological innovations of
emerging technology companies, including in software and
hardware; and
(B) any areas in which the intelligence community
lacks resources, authorities, personnel, expertise, or institutional mechanisms necessary for such incorporation.
(4) An assessment of whether a potential ICWERX would
be positioned to—
(A) assist small emerging technology companies, and
potentially medium-sized emerging technology companies,
in accelerating the procurement and fielding of innovative
technologies; and

H. R. 7776—1187
(B) provide the intelligence community with greater
access to innovative companies at the forefront of emerging
technologies.
(5) An assessment of the potential costs and benefits associated with the establishment of ICWERX in accordance with
subsection (a).
SEC. 6723. REQUIREMENTS AND REPORT ON WORKFORCE NEEDS OF
INTELLIGENCE COMMUNITY RELATING TO SCIENCE,
TECHNOLOGY, ENGINEERING, AND MATH, AND RELATED
AREAS.

(a) REQUIREMENTS.—The Director of National Intelligence, in
coordination with the heads of human capital from each element
of the intelligence community, shall—
(1) develop a plan for the recruitment and retention of
personnel to positions the primary duties of which involve
the integration, maintenance, or use of artificial intelligence
(and the retention and training of personnel serving in such
positions), including with respect to the authorities and requirements under section 6732(b);
(2) develop a plan for the review and evaluation, on a
continuous basis, of the expertise necessary to accelerate the
adoption of artificial intelligence and other emerging technology
solutions; and
(3) coordinate and share information and best practices
relating to such recruitment and retention within the element
and across the intelligence community.
(b) REPORT.—
(1) SUBMISSION.—Not later than January 1, 2024, the
Director of National Intelligence, in coordination with heads
of human capital from each 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 single report on the workforce needs of each element of
the intelligence community relating to emerging technologies,
with a specific focus on artificial intelligence.
(2) ELEMENTS.—The report under paragraph (1) shall
include, with respect to each element of the intelligence community, the following:
(A) A description of the number and types of personnel
in work roles whose primary official duties include artificial
intelligence responsibilities.
(B) A detailed description of the plans for each element
developed pursuant to subsection (a).
(3) OTHER MATTERS.—The report under paragraph (1) shall
also include an assessment of the quality and sustainability
of the talent pipeline of the intelligence community with respect
to talent in emerging technologies, including artificial intelligence. Such assessment shall include the following:
(A) A description of the education, recruitment, and
retention programs (including skills-based training and
career and technical educational programs) available to
personnel of the intelligence community, regardless of
whether such programs are administered by the head of
an element of the intelligence community or the head of

H. R. 7776—1188
another Federal department or agency, and an analysis
of how such programs support the quality and sustainability of such talent pipeline.
(B) A description of the relevant authorities available
to the heads of the elements of the intelligence community
to promote the quality and sustainability of such talent
pipeline.
(C) An assessment of any gaps in authorities,
resources, recruitment or retention incentives, skills-based
training, or educational programs, that may negatively
affect the quality or sustainability of such talent pipeline.
(4) FORM.—The report under paragraph (1) shall be submitted in classified or unclassified form, as appropriate.
(c) INFORMATION ACCESS.—The heads of the elements of the
intelligence community shall furnish to the Director of National
Intelligence such information as may be necessary for the development of the report under subsection (b).

Subtitle D—Talent, Education, and
Training
SEC. 6731. REPORT ON ESTABLISHMENT OF TECHNOLOGY ACQUISITION CADRE.

(a) REPORT.—Not later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence shall
submit to the congressional intelligence committees, the 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 containing
a feasibility and advisability study on establishing a cadre of personnel who are experts in emerging technologies, software development, systems integration, and acquisition, to improve the adoption
of commercial solutions for emerging technologies across the intelligence community, particularly as the technologies relate to artificial intelligence.
(b) ELEMENTS.—The study under subsection (a) shall include
the following:
(1) An examination regarding whether a cadre of personnel
described in subsection (a) would be an effective and efficient
means to substantially improve and accelerate the adoption
of commercial artificial intelligence and other emerging technology products and services in support of the missions of
the intelligence community if the cadre has the capacity and
relevant expertise to—
(A) accelerate the adoption of emerging technologies,
including with respect to artificial intelligence;
(B) assist with software development and acquisition;
and
(C) develop training requirements for acquisition
professionals within the elements of the intelligence
community.
(2) An assessment of—
(A) whether the establishment of the cadre would
require additional statutory authorities or resources,
including to recruit, hire, and retain the talent and expertise needed to establish the cadre;

H. R. 7776—1189
(B) the benefits, costs, and risks associated with the
establishment of a cadre;
(C) a recommendation on whether to establish the
cadre; and
(D) if a recommendation to establish the cadre is made,
a plan for implementation of the cadre, including the proposed size of the cadre, how the cadre would be resourced,
managed, and organized, and whether the cadre should
be centrally managed or reside at individual elements of
the intelligence community.
SEC. 6732. EMERGING TECHNOLOGY EDUCATION AND TRAINING.

(a) TRAINING CURRICULUM.—
(1) REQUIREMENT.—No later than 270 days after the date
of the enactment of this Act, the Director of National Intelligence and the Secretary of Defense, in consultation with the
President of the Defense Acquisition University and the heads
of the elements of the intelligence community that the Director
and Secretary determine appropriate, shall jointly establish
a training curriculum for members of the acquisition workforce
in the Department of Defense (as defined in section 101 of
title 10, United States Code) and the acquisition officials within
the intelligence community focused on improving the understanding and awareness of contracting authorities and procedures for the acquisition of emerging technologies.
(2) PROVISION OF TRAINING.—The Director shall ensure that
the training curriculum under paragraph (1) is made available
to each element of the intelligence community not later than
60 days after the completion of the curriculum.
(3) REPORT.—Not later than January 1, 2024, the Director
and Secretary shall jointly submit to the congressional intelligence committees, the Committee on Armed Services and
the Subcommittee on Defense of the Committee on Appropriations of the Senate, and the Committee on Armed Services
and the Subcommittee on Defense of the Committee on Appropriations of the House of Representatives a report containing
an update on the status of the curriculum under paragraph
(1).
(b) AGREEMENTS OFFICERS.—Not later than October 1, 2024,
the Director of National Intelligence shall ensure that at least
75 percent of the contracting staff within the intelligence community
whose primary responsibilities include the acquisition of emerging
technologies shall have received the appropriate training to become
warranted as agreements officers who are given authority to execute
and administer the transactions authorized by paragraph (5) of
section 102A(n) of the National Security Act of 1947 (50 U.S.C.
3024(n)), as added by section 6711. The training shall include—
(1) the appropriate courses offered by the Defense Acquisition University;
(2) the training curriculum established under subsection
(a); and
(3) best practices for monitoring, identifying, and procuring
emerging technologies with potential benefit to the intelligence
community, including commercial services and products.
(c) ESTABLISHMENT OF EMERGING TECHNOLOGY TRAINING
ACTIVITIES.—

H. R. 7776—1190
(1) REQUIREMENT.—Not later than January 1, 2024, the
Director of National Intelligence, in coordination with the heads
of the elements of the intelligence community that the Director
determines relevant, shall establish and implement training
activities designed for appropriate mid-career and senior managers across the intelligence community to train the managers
on how to identify, acquire, implement, and manage emerging
technologies as such technologies may be applied to the intelligence community.
(2) CERTIFICATION.—Not later than 2 years after the date
on which the Director establishes the training activities under
paragraph (1), each head of an element of the intelligence
community shall certify to the Director whether the managers
of the element described in paragraph (1) have successfully
completed the education activities.
(3) BRIEFING.—Not later than January 1, 2024, the Director
of National Intelligence shall provide 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 briefing regarding the training activities
established under paragraph (1), including—
(A) an overview of—
(i) the managers described in paragraph (1) who
participated in the training activities; and
(ii) what technologies were included in the training
activities; and
(B) an identification of other incentives, activities,
resources, or programs the Director determines may be
necessary to ensure the managers are generally trained
in the most emerging technologies and able to retain and
incorporate such technologies across the intelligence
community.

Subtitle E—Other Matters
SEC. 6741. IMPROVEMENTS TO USE OF COMMERCIAL SOFTWARE PRODUCTS.

(a) POLICY REGARDING PROCUREMENT OF COMMERCIAL SOFTPRODUCTS.—Not later than 1 year after the date of the
enactment of this Act, the Director of National Intelligence, in
consultation with the heads of the elements of the intelligence
community and appropriate nongovernmental experts that the
Director determines relevant, shall issue an intelligence communitywide policy to ensure the procurement of commercial software products by the intelligence community is carried out—
(1) using, to the extent practicable, standardized terminology; and
(2) in accordance with acquisition and operation best practices reflecting modern software as a service capabilities.
(b) ELEMENTS.—The policy issued under subsection (a) shall
include the following:
(1) Guidelines for the heads of the elements of the intelligence community to determine which contracts for commercial
software products are covered by the policy, including with
WARE

H. R. 7776—1191
respect to agreements, authorizations to operate, and other
acquisition activities.
(2) Guidelines for using standardized terms in such contracts, modeled after commercial best practices, including
common procedures and language regarding—
(A) terms for the responsible party and timelines for
system integration under the contract;
(B) a mechanism included in each contract to ensure
the ability of the vendor to provide, and the United States
Government to receive, continuous updates and version
control for the software, subject to appropriate security
considerations;
(C) automatic technological mechanisms for security
and data validation, including security protocols that are
predicated on commercial best practices; and
(D) procedures to provide incentives, and a technical
framework, for system integration for new commercial software solutions to fit within existing workflows and information technology infrastructure.
(3) Guidelines and a timeline for enforcing the policy.
(c) REPORT.—Not later than January 1, 2025, and annually
thereafter through 2028, the Director of National Intelligence, in
coordination with the heads of the elements 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 the policy issued under subsection (a), including the following
with respect to the period covered by the report:
(1) An evaluation of compliance with such policy by each
of the elements of the intelligence community.
(2) Additional recommendations to better coordinate system
integration throughout the intelligence community using best
practices.
SEC. 6742. CODE-FREE ARTIFICIAL INTELLIGENCE ENABLEMENT
TOOLS POLICY.

(a) DRAFT POLICY.—Not later than 1 year after the date of
the enactment of this Act, the Director of National Intelligence,
in consultation with the Director of the Central Intelligence Agency,
the Director of the National Security Agency, the Director of the
National Reconnaissance Office, the Director of the National
Geospatial-Intelligence Agency, and the Director of the Defense
Intelligence Agency, and any additional heads of the elements of
the intelligence community that the Director of National Intelligence determines appropriate, shall draft a potential policy to
promote the intelligence community-wide use of code-free artificial
intelligence enablement tools.
(b) ELEMENTS.—The draft policy under subsection (a) shall
include the following:
(1) The objective for the use by the intelligence community
of code-free artificial intelligence enablement tools.
(2) A detailed set of incentives for using code-free artificial
intelligence enablement tools.
(3) A plan to ensure coordination throughout the intelligence community, including consideration of designating an

H. R. 7776—1192
official of each element of the intelligence community to oversee
implementation of the policy and such coordination.
(c) SUBMISSION.—Not later than 180 days after the date of
the enactment of this Act, the Director of National Intelligence
shall submit to the congressional intelligence committees, the 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 the following:
(1) The draft policy under subsection (a).
(2) A recommendation regarding the feasibility and advisability of implementing the draft policy, including an assessment of the costs and advantages and disadvantages of such
implementation.
(3) An assessment of whether any element of the intelligence community already has a similar existing policy.
(4) A specific plan and timeline of the steps that would
be necessary to implement the draft policy.
(5) An assessment of the personnel requirements, budget
requirements, and any other resource requirements, that would
be necessary to implement the draft policy in the timeline
identified in paragraph (4).

TITLE LXVIII—OTHER MATTERS
SEC. 6801. IMPROVEMENTS RELATING TO CONTINUITY OF PRIVACY
AND CIVIL LIBERTIES OVERSIGHT BOARD MEMBERSHIP.

Paragraph (4) of section 1061(h) of the Intelligence Reform
and Terrorism Prevention Act of 2004 (42 U.S.C. 2000ee(h)) is
amended to read as follows:
‘‘(4) TERM.—
‘‘(A) COMMENCEMENT.—Each member of the Board
shall serve a term of 6 years, commencing on the date
of the appointment of the member to the Board.
‘‘(B) REAPPOINTMENT.—A member may be reappointed
to one or more additional terms.
‘‘(C) VACANCY.—A vacancy on the Board shall be filled
in the manner in which the original appointment was made.
‘‘(D) EXTENSION.—Upon the expiration of the term of
office of a member, the member may continue to serve
for up to one year after the date of expiration, at the
election of the member—
‘‘(i) during the period preceding the reappointment
of the member pursuant to subparagraph (B); or
‘‘(ii) until the member’s successor has been
appointed and qualified.’’.
SEC. 6802. MODIFICATION OF REQUIREMENT FOR OFFICE TO ADDRESS
UNIDENTIFIED ANOMALOUS PHENOMENA.

(a) IN GENERAL.—Section 1683 of the National Defense
Authorization Act for Fiscal Year 2022 (50 U.S.C. 3373), as amended
by title XVI of this Act, is amended to read as follows:
‘‘SEC. 1683. ESTABLISHMENT OF ALL-DOMAIN ANOMALY RESOLUTION
OFFICE.

‘‘(a) ESTABLISHMENT OF OFFICE.—
‘‘(1) IN GENERAL.—Not later than 120 days after the date
of the enactment of the Intelligence Authorization Act for Fiscal

H. R. 7776—1193
Year 2023, the Secretary of Defense, in coordination with the
Director of National Intelligence, shall establish an office within
a component of the Office of the Secretary of Defense, or within
a joint organization of the Department of Defense and the
Office of the Director of National Intelligence, to carry out
the duties of the Unidentified Aerial Phenomena Task Force,
as in effect on December 26, 2021, and such other duties
as are required by this section, including those pertaining to
unidentified anomalous phenomena.
‘‘(2) DESIGNATION.—The office established under paragraph
(1) shall be known as the ‘All-domain Anomaly Resolution
Office’ (in this section referred to as the ‘Office’).
‘‘(b) DIRECTOR AND DEPUTY DIRECTOR OF THE OFFICE.—
‘‘(1) APPOINTMENT OF DIRECTOR.—The head of the Office
shall be the Director of the All-domain Anomaly Resolution
Office (in this section referred to as the ‘Director of the Office’),
who shall be appointed by the Secretary of Defense in consultation with the Director of National Intelligence.
‘‘(2) APPOINTMENT OF DEPUTY DIRECTOR.—The Deputy
Director of the Office shall be appointed by the Director of
National Intelligence in coordination with the Secretary of
Defense.
‘‘(3) REPORTING.—
‘‘(A) IN GENERAL.—The Director of the Office shall
report directly to the Deputy Secretary of Defense and
the Principal Deputy Director of National Intelligence.
‘‘(B) ADMINISTRATIVE AND OPERATIONAL AND SECURITY
MATTERS.—The Director of the Office shall report—
‘‘(i) to the Under Secretary of Defense for Intelligence and Security on all administrative matters of
the Office; and
‘‘(ii) to the Deputy Secretary of Defense and the
Principal Deputy Director of National Intelligence on
all operational and security matters of the Office.
‘‘(c) DUTIES.—The duties of the Office shall include the following:
‘‘(1) Developing procedures to synchronize and standardize
the collection, reporting, and analysis of incidents, including
adverse physiological effects, regarding unidentified anomalous
phenomena across the Department of Defense and the intelligence community, in coordination with the Director of
National Intelligence, which shall be provided to the congressional defense committees, the congressional intelligence
committees, and congressional leadership.
‘‘(2) Developing processes and procedures to ensure that
such incidents from each component of the Department and
each element of the intelligence community are reported and
stored in an appropriate manner that allows for the integration
of analysis of such information.
‘‘(3) Establishing procedures to require the timely and consistent reporting of such incidents.
‘‘(4) Evaluating links between unidentified anomalous phenomena and adversarial foreign governments, other foreign
governments, or nonstate actors.
‘‘(5) Evaluating the threat that such incidents present to
the United States.

H. R. 7776—1194
‘‘(6) Coordinating with other departments and agencies of
the Federal Government, as appropriate, including the Federal
Aviation Administration, the National Aeronautics and Space
Administration, the Department of Homeland Security, the
National Oceanic and Atmospheric Administration, the
National Science Foundation, and the Department of Energy.
‘‘(7) As appropriate, and in coordination with the Secretary
of State, the Secretary of Defense, and the Director of National
Intelligence, consulting with allies and partners of the United
States to better assess the nature and extent of unidentified
anomalous phenomena.
‘‘(8) Preparing reports for Congress, in both classified and
unclassified form, including under subsection (j).
‘‘(d) RESPONSE TO AND FIELD INVESTIGATIONS OF UNIDENTIFIED
ANOMALOUS PHENOMENA.—
‘‘(1) DESIGNATION.—The Secretary of Defense and the
Director of National Intelligence shall jointly designate from
within their respective organizations an official, to be under
the direction of the Director of the Office, responsible for
ensuring the appropriate expertise, authorities, accesses, data,
systems, platforms, and capabilities are available for the rapid
response to, and support for, the conduct of field investigations
of incidents involving unidentified anomalous phenomena.
‘‘(2) ABILITY TO RESPOND.—The Secretary of Defense and
the Director of National Intelligence shall ensure field investigations are supported by personnel with the requisite expertise, equipment, transportation, and other resources necessary
to respond rapidly to incidents or patterns of observations
involving unidentified anomalous phenomena.
‘‘(e) SCIENTIFIC, TECHNOLOGICAL, AND OPERATIONAL ANALYSES
OF DATA ON UNIDENTIFIED ANOMALOUS PHENOMENA.—
‘‘(1) DESIGNATION.—The Secretary of Defense, in coordination with the Director of National Intelligence, shall designate
one or more line organizations that will be primarily responsible
for scientific, technical, and operational analysis of data gathered by field investigations conducted pursuant to subsection
(d) and data from other sources, including with respect to
the testing of materials, medical studies, and development of
theoretical models, to better understand and explain unidentified anomalous phenomena.
‘‘(2) AUTHORITY.—The Secretary of Defense and the
Director of National Intelligence shall each issue such directives
as are necessary to ensure that each line organization designated under paragraph (1) has authority to draw on the
special expertise of persons outside the Federal Government
with appropriate security clearances.
‘‘(f) DATA; INTELLIGENCE COLLECTION.—
‘‘(1) AVAILABILITY OF DATA AND REPORTING ON UNIDENTIFIED
ANOMALOUS PHENOMENA.—
‘‘(A) AVAILABILITY OF DATA.—The Director of National
Intelligence, in coordination with the Secretary of Defense,
shall ensure that each element of the intelligence community with data relating to unidentified anomalous phenomena makes such data available immediately to the
Office.
‘‘(B) REPORTING.—The Director of National Intelligence
and the Secretary of Defense shall each, in coordination

H. R. 7776—1195
with one another, ensure that military and civilian personnel of the Department of Defense or an element of
the intelligence community, and contractor personnel of
the Department or such an element, have access to procedures by which the personnel shall report incidents or
information, including adverse physiological effects,
involving or associated with unidentified anomalous phenomena directly to the Office.
‘‘(2) INTELLIGENCE COLLECTION AND ANALYSIS PLAN.—The
Director of the Office, acting in coordination with the Secretary
of Defense and the Director of National Intelligence, shall
supervise the development and execution of an intelligence
collection and analysis plan to gain as much knowledge as
possible regarding the technical and operational characteristics,
origins, and intentions of unidentified anomalous phenomena,
including with respect to the development, acquisition, deployment, and operation of technical collection capabilities necessary to detect, identify, and scientifically characterize
unidentified anomalous phenomena.
‘‘(3) USE OF RESOURCES AND CAPABILITIES.—In developing
the plan under paragraph (2), the Director of the Office shall
consider and propose, as appropriate, the use of any resource,
capability, asset, or process of the Department and the intelligence community.
‘‘(g) SCIENCE PLAN.—The Director of the Office, on behalf of
the Secretary of Defense and the Director of National Intelligence,
shall supervise the development and execution of a science plan
to develop and test, as practicable, scientific theories to—
‘‘(1) account for characteristics and performance of unidentified anomalous phenomena that exceed the known state of
the art in science or technology, including in the areas of
propulsion, aerodynamic control, signatures, structures, materials, sensors, countermeasures, weapons, electronics, and
power generation; and
‘‘(2) provide the foundation for potential future investments
to replicate or otherwise better understand any such advanced
characteristics and performance.
‘‘(h) ASSIGNMENT OF PRIORITY.—The Director of National Intelligence, in consultation with and with the recommendation of the
Secretary of Defense, shall assign an appropriate level of priority
within the National Intelligence Priorities Framework to the
requirement to understand, characterize, and respond to unidentified anomalous phenomena.
‘‘(i) DETAILEES FROM ELEMENTS OF THE INTELLIGENCE COMMUNITY.—The heads of the Central Intelligence Agency, the Defense
Intelligence Agency, the National Security Agency, the Department
of Energy, the National Geospatial-Intelligence Agency, the intelligence elements of the Army, the Navy, the Air Force, the Marine
Corps, and the Coast Guard, the Department of Homeland Security,
and such other elements of the intelligence community as the
Director of the Office considers appropriate may provide to the
Office a detailee of the element to be physically located at the
Office.
‘‘(j) HISTORICAL RECORD REPORT.—
‘‘(1) REPORT REQUIRED.—
‘‘(A) IN GENERAL.—Not later than 540 days after the
date of the enactment of the Intelligence Authorization

H. R. 7776—1196
Act for Fiscal Year 2023, the Director of the Office shall
submit to the congressional defense committees, the
congressional intelligence committees, and congressional
leadership a written report detailing the historical record
of the United States Government relating to unidentified
anomalous phenomena, including—
‘‘(i) the records and documents of the intelligence
community;
‘‘(ii) oral history interviews;
‘‘(iii) open source analysis;
‘‘(iv) interviews of current and former Government
officials;
‘‘(v) classified and unclassified national archives
including any records any third party obtained pursuant to section 552 of title 5, United States Code; and
‘‘(vi) such other relevant historical sources as the
Director of the Office considers appropriate.
‘‘(B) OTHER REQUIREMENTS.—The report submitted
under subparagraph (A) shall—
‘‘(i) focus on the period beginning on January 1,
1945, and ending on the date on which the Director
of the Office completes activities under this subsection;
and
‘‘(ii) include a compilation and itemization of the
key historical record of the involvement of the intelligence community with unidentified anomalous phenomena, including—
‘‘(I) any program or activity that was protected
by restricted access that has not been explicitly
and clearly reported to Congress;
‘‘(II) successful or unsuccessful efforts to identify and track unidentified anomalous phenomena;
and
‘‘(III) any efforts to obfuscate, manipulate
public opinion, hide, or otherwise provide incorrect
unclassified or classified information about
unidentified anomalous phenomena or related
activities.
‘‘(2) ACCESS TO RECORDS OF THE NATIONAL ARCHIVES AND
RECORDS ADMINISTRATION.—The Archivist of the United States
shall make available to the Office such information maintained
by the National Archives and Records Administration, including
classified information, as the Director of the Office considers
necessary to carry out paragraph (1).
‘‘(k) ANNUAL REPORTS.—
‘‘(1) REPORTS FROM DIRECTOR OF NATIONAL INTELLIGENCE
AND SECRETARY OF DEFENSE.—
‘‘(A) REQUIREMENT.—Not later than 180 days after the
date of the enactment of the Intelligence Authorization
Act for Fiscal Year 2023, and annually thereafter for four
years, the Director of National Intelligence and the Secretary of Defense shall jointly submit to the appropriate
congressional committees a report on unidentified anomalous phenomena.
‘‘(B) ELEMENTS.—Each report submitted under
subparagraph (A) shall include, with respect to the year
covered by the report, the following information:

H. R. 7776—1197
‘‘(i) All reported unidentified anomalous phenomena-related events that occurred during the oneyear period.
‘‘(ii) All reported unidentified anomalous phenomena-related events that occurred during a period
other than that one-year period but were not included
in an earlier report.
‘‘(iii) An analysis of data and intelligence received
through each reported unidentified anomalous phenomena-related event.
‘‘(iv) An analysis of data relating to unidentified
anomalous phenomena collected through—
‘‘(I) geospatial intelligence;
‘‘(II) signals intelligence;
‘‘(III) human intelligence; and
‘‘(IV) measurement and signature intelligence.
‘‘(v) The number of reported incidents of unidentified anomalous phenomena over restricted airspace of
the United States during the one-year period.
‘‘(vi) An analysis of such incidents identified under
clause (v).
‘‘(vii) Identification of potential aerospace or other
threats posed by unidentified anomalous phenomena
to the national security of the United States.
‘‘(viii) An assessment of any activity regarding
unidentified anomalous phenomena that can be attributed to one or more adversarial foreign governments.
‘‘(ix) Identification of any incidents or patterns
regarding unidentified anomalous phenomena that
indicate a potential adversarial foreign government
may have achieved a breakthrough aerospace capability.
‘‘(x) An update on the coordination by the United
States with allies and partners on efforts to track,
understand, and address unidentified anomalous phenomena.
‘‘(xi) An update on any efforts underway on the
ability to capture or exploit discovered unidentified
anomalous phenomena.
‘‘(xii) An assessment of any health-related effects
for individuals that have encountered unidentified
anomalous phenomena.
‘‘(xiii) The number of reported incidents, and
descriptions thereof, of unidentified anomalous phenomena associated with military nuclear assets,
including strategic nuclear weapons and nuclear-powered ships and submarines.
‘‘(xiv) In consultation with the Administrator for
Nuclear Security, the number of reported incidents,
and descriptions thereof, of unidentified anomalous
phenomena associated with facilities or assets associated with the production, transportation, or storage
of nuclear weapons or components thereof.
‘‘(xv) In consultation with the Chairman of the
Nuclear Regulatory Commission, the number of
reported incidents, and descriptions thereof, of
unidentified anomalous phenomena or drones of

H. R. 7776—1198
unknown origin associated with nuclear power generating stations, nuclear fuel storage sites, or other sites
or facilities regulated by the Nuclear Regulatory
Commission.
‘‘(xvi) The names of the line organizations that
have been designated to perform the specific functions
under subsections (d) and (e), and the specific functions
for which each such line organization has been
assigned primary responsibility.
‘‘(xvii) A summary of the reports received using
the mechanism for authorized reporting established
under section 1673 of the National Defense Authorization Act for Fiscal Year 2023.
‘‘(2) FORM.—Each report submitted under paragraph (1)
shall be submitted in unclassified form, but may include a
classified annex.
‘‘(l) SEMIANNUAL BRIEFINGS.—
‘‘(1) REQUIREMENT.—Not later than December 31, 2022,
and not less frequently than semiannually thereafter until
December 31, 2026, the Director of the Office shall provide
to the appropriate congressional committees classified briefings
on unidentified anomalous phenomena.
‘‘(2) FIRST BRIEFING.—The first briefing provided under
paragraph (1) shall include all incidents involving unidentified
anomalous phenomena that were reported to the Unidentified
Aerial Phenomena Task Force or to the Office established under
subsection (a) after June 24, 2021, regardless of the date of
occurrence of the incident.
‘‘(3) SUBSEQUENT BRIEFINGS.—Each briefing provided subsequent to the first briefing described in paragraph (2) shall
include, at a minimum, all events relating to unidentified
anomalous phenomena that occurred during the previous 180
days, and events relating to unidentified anomalous phenomena
that were not included in an earlier briefing.
‘‘(4) INSTANCES IN WHICH DATA WAS NOT SHARED.—For each
briefing period, the Director of the Office shall jointly provide
to the chairman or chair and the ranking member or vice
chairman of the congressional committees specified in subparagraphs (A) and (D) of subsection (n)(1) an enumeration of
any instances in which data relating to unidentified anomalous
phenomena was not provided to the Office because of classification restrictions on that data or for any other reason.
‘‘(m) TASK FORCE TERMINATION.—Not later than the date on
which the Secretary of Defense establishes the Office under subsection (a), the Secretary shall terminate the Unidentified Aerial
Phenomena Task Force.
‘‘(n) DEFINITIONS.—In this section:
‘‘(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term
‘appropriate congressional committees’ means the following:
‘‘(A) The Committees on Armed Services of the Senate
and the House of Representatives.
‘‘(B) The Committees on Appropriations of the Senate
and the House of Representatives.
‘‘(C) The Committee on Foreign Relations of the Senate
and the Committee on Foreign Affairs of the House of
Representatives.

H. R. 7776—1199
‘‘(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 Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives.
‘‘(F) The Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Science, Space, and Technology of the House of Representatives.
‘‘(2) CONGRESSIONAL DEFENSE COMMITTEES.—The term
‘congressional defense committees’ has the meaning given such
term in section 101(a) of title 10, United States Code.
‘‘(3) CONGRESSIONAL INTELLIGENCE COMMITTEES.—The term
‘congressional intelligence committees’ has the meaning given
such term in section 3 of the National Security Act of 1947
(50 U.S.C. 3003).
‘‘(4) CONGRESSIONAL LEADERSHIP.—The term ‘congressional
leadership’ means—
‘‘(A) the majority leader of the Senate;
‘‘(B) the minority leader of the Senate;
‘‘(C) the Speaker of the House of Representatives; and
‘‘(D) the minority leader of the House of Representatives.
‘‘(5) INTELLIGENCE COMMUNITY.—The term ‘intelligence
community’ has the meaning given such term in section 3
of the National Security Act of 1947 (50 U.S.C. 3003).
‘‘(6) LINE ORGANIZATION.—The term ‘line organization’
means, with respect to a department or agency of the Federal
Government, an organization that executes programs and
activities to directly advance the core functions and missions
of the department or agency to which the organization is
subordinate, but, with respect to the Department of Defense,
does not include a component of the Office of the Secretary
of Defense.
‘‘(7) TRANSMEDIUM OBJECTS OR DEVICES.—The term
‘transmedium objects or devices’ means objects or devices that
are—
‘‘(A) observed to transition between space and the
atmosphere, or between the atmosphere and bodies of
water; and
‘‘(B) not immediately identifiable.
‘‘(8) UNIDENTIFIED ANOMALOUS PHENOMENA.—The term
‘unidentified anomalous phenomena’ means—
‘‘(A) airborne objects that are not immediately identifiable;
‘‘(B) transmedium objects or devices; and
‘‘(C) submerged objects or devices that are not immediately identifiable and that display behavior or performance characteristics suggesting that the objects or devices
may be related to the objects described in subparagraph
(A).’’.
(b) CLERICAL AMENDMENT.—The table of contents in section
2(b) of such Act is amended by striking the item relating to section
1683 of division A and inserting the following new item:
‘‘Sec. 1683. Establishment of All-domain Anomaly Resolution Office.’’.

H. R. 7776—1200
SEC. 6803. COMPTROLLER GENERAL OF THE UNITED STATES AUDITS
AND BRIEFINGS ON UNIDENTIFIED ANOMALOUS PHENOMENA HISTORICAL RECORD REPORT.

(a) DEFINITIONS.—In this section, the terms ‘‘congressional
leadership’’ and ‘‘Office’’ have the meanings given such terms in
section 1683 of the National Defense Authorization Act for Fiscal
Year 2022 (50 U.S.C. 3373), as amended by section 6802.
(b) AUDIT.—
(1) IN GENERAL.—Not later than 90 days after the date
of the enactment of this Act, the Comptroller General of the
United States shall identify appropriately cleared personnel
of the Government Accountability Office to audit the historical
record report process described in section 1683 of the National
Defense Authorization Act for Fiscal Year 2022 (50 U.S.C.
3373), as amended by section 6802, including personnel to
conduct work on-site as appropriate.
(2) PROVISION OF INFORMATION.—On a quarterly basis, and
as appropriate and consistent with Government Auditing
Standards, the Comptroller General of the United States shall
provide the Office with information on the findings of any
audits conducted by the personnel identified under paragraph
(1).
(c) VERBAL BRIEFINGS.—Not later than 180 days after the date
of the enactment of this Act, and semiannually thereafter, the
Comptroller General of the United States shall verbally brief the
congressional intelligence committees, the congressional defense
committees, and congressional leadership on the progress of the
Office with respect to the historical record report described in
section 1683 of the National Defense Authorization Act for Fiscal
Year 2022 (50 U.S.C. 3373), as amended by section 6802, and
compliance with legislative requirements.
(d) RULE OF CONSTRUCTION.—Nothing in this section shall be
construed to restrict access of a committee of Congress under section
719(f) of title 31, United States Code, to an audit under subsection
(b).
SEC. 6804. REPORT ON PRECURSOR CHEMICALS USED IN THE PRODUCTION OF SYNTHETIC OPIOIDS.

(a) DEFINITION OF APPROPRIATE COMMITTEES OF CONGRESS.—
In this section, the term ‘‘appropriate committees of Congress’’
means—
(1) the congressional intelligence committees;
(2) the Committee on the Judiciary, the Committee on
Homeland Security and Governmental Affairs, the Committee
on Foreign Relations, the Committee on Commerce, Science,
and Transportation, and the Committee on Appropriations of
the Senate; and
(3) the Committee on the Judiciary, the Committee on
Homeland Security, the Committee on Foreign Affairs, the Committee on Energy and Commerce, and the Committee on Appropriations of the House of Representatives.
(b) IN GENERAL.—Not later than 180 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 licit precursor chemicals originating abroad, including in the
People’s Republic of China and any other country the Director

H. R. 7776—1201
considers appropriate, that are bound for use in the illicit production
of synthetic opioids intended for distribution in the United States.
(c) FORM OF REPORT.—The report submitted under subsection
(b) shall be submitted in unclassified form, but may include a
classified annex produced consistent with the protection of sources
and methods.
SEC. 6805. ASSESSMENT AND REPORT ON MASS MIGRATION IN THE
WESTERN HEMISPHERE.

(a) DEFINITION OF APPROPRIATE COMMITTEES OF CONGRESS.—
In this section, the term ‘‘appropriate committees of Congress’’
means—
(1) the congressional intelligence committees;
(2) the Committee on Foreign Relations, the Committee
on the Judiciary, the Committee on Homeland Security and
Governmental Affairs, and the Committee on Appropriations
of the Senate; and
(3) the Committee on Foreign Affairs, the Committee on
the Judiciary, the Committee on Homeland Security, and the
Committee on Appropriations of the House of Representatives.
(b) IN GENERAL.—Not later than 90 days after the date of
the enactment of this Act, the Director of National Intelligence
shall assess, and submit to the appropriate committees of Congress
a report on—
(1) the threats to the interests of the United States created
or enhanced by, or associated with, the mass migration of
people within the Western Hemisphere, particularly to the
southern border of the United States; and
(2) the use of or the threat of using mass migration in
the Western Hemisphere by the regimes of Daniel Ortega in
Nicaragua, Nicola´s Maduro in Venezuela, and the regime of
Miguel Dı´az-Canel and Rau´l Castro in Cuba—
(A) to effectively curate populations so that people
who remain in those countries are powerless to meaningfully dissent; and
(B) to enable the increase of remittances from migrants
residing in the United States as a result of the mass
migration to help finance the regimes in Nicaragua, Venezuela, and Cuba.
(c) FORM OF REPORT.—The report submitted under subsection
(b) shall be submitted in unclassified form, but may include a
classified annex.
SEC. 6806. REPORT ON INTERNATIONAL NORMS, RULES, AND PRINCIPLES APPLICABLE IN SPACE.

(a) DEFINITION OF APPROPRIATE COMMITTEES OF CONGRESS.—
In this section, the term ‘‘appropriate committees of Congress’’
means—
(1) the congressional intelligence committees;
(2) the congressional defense committees;
(3) the Committee on Foreign Relations and the Committee
on Commerce, Science, and Transportation of the Senate; and
(4) the Committee on Foreign Affairs, the Committee on
Science, Space, and Technology, and the Committee on Energy
and Commerce of the House of Representatives.
(b) IN GENERAL.—Not later than 90 days after the date of
the enactment of this Act, the Chair of the National Space Council,

H. R. 7776—1202
in consultation with the Director of National Intelligence, the Secretary of State, the Secretary of Defense, the Secretary of Commerce, the Administrator of the National Aeronautics and Space
Administration, and the heads of any other agencies as the Chair
considers necessary, shall submit to the appropriate committees
of Congress a report on voluntary, non-legally binding responsible
international norms, rules, and principles applicable in space.
(c) ELEMENTS.—The report submitted under subsection (b)
shall—
(1) identify threats to the interests of the United States
in space that may be mitigated by voluntary, non-legally
binding responsible international norms, rules, and principles;
(2) identify opportunities for the United States to influence
voluntary, non-legally binding responsible international norms,
rules, and principles applicable in space, including through
bilateral and multilateral engagement;
(3) assess the willingness of space faring foreign nations
to adhere to voluntary, non-legally-binding responsible international norms, rules, or principles applicable in space;
(4) include a list and description of known or suspected
adversary offensive weapon systems that could be used to
degrade or destroy satellites in orbit during the previous five
years;
(5) include a list and description of known or suspected
adversary offensive weapon systems in development that could
be used to degrade or destroy satellites that are anticipated
to be put operational during the course of the next five years;
and
(6) include an analysis of the extent to which adversary
space faring foreign nations use civilian and commercial space
assets, and civilian and commercial space relationship, to
advance military and intelligence programs and activities.
(d) INPUT FROM COMMERCIAL SPACE SECTOR.—In identifying
threats under subsection (c)(1), the Chair of the National Space
Council shall obtain input from the commercial space sector.
(e) FORM.—The report submitted under subsection (b) shall
be submitted in unclassified form, but may include a classified
annex.
SEC. 6807. ASSESSMENTS OF THE EFFECTS OF SANCTIONS IMPOSED
WITH RESPECT TO THE RUSSIAN FEDERATION’S INVASION OF UKRAINE.

(a) DEFINITION OF APPROPRIATE COMMITTEES OF CONGRESS.—
In this section, the term ‘‘appropriate committees of Congress’’
means—
(1) the congressional intelligence committees;
(2) the Committee on Foreign Relations, the Committee
on Banking, Housing, and Urban Affairs, the Committee on
Armed Services, and the Committee on Appropriations of the
Senate; and
(3) the Committee on Foreign Affairs, the Committee on
Financial Services, the Committee on Armed Services, the Committee on Ways and Means, and the Committee on Appropriations of the House of Representatives.
(b) IN GENERAL.—Not later than 180 days after the date of
the enactment of this Act, and every 180 days thereafter for 2
years, the Director of National Intelligence shall, in coordination

H. R. 7776—1203
with the Secretary of State, the Secretary of the Treasury, and
the heads of such other government agencies as the Director considers appropriate, submit to the appropriate committees of Congress an assessment of the cumulative and material effects of
the sanctions imposed by the United States, European countries,
and the international community with respect to the Russian Federation in response to the February 24, 2022, full-scale invasion
of Ukraine and subsequent actions by the Russian Federation.
(c) ELEMENTS.—Each assessment submitted under subsection
(b) shall include the following:
(1) A description of efforts by the Russian Federation to
evade or circumvent sanctions imposed by the United States,
European countries, or the international community through
direct or indirect engagement or direct or indirect assistance
from—
(A) the regimes in Cuba and Nicaragua and the regime
of Nicola´s Maduro in Venezuela;
(B) the People’s Republic of China;
(C) the Islamic Republic of Iran; and
(D) any other country the Director considers appropriate.
(2) An assessment of the cumulative effect of the efforts
described in paragraph (1), including on the Russian Federation’s strategic relationship with the regimes and countries
described in such paragraph.
(3) A description of the material effect of the sanctions
described in subsection (b), including the effect of those sanctions on individual sectors of the economy of Russia, senior
leadership, senior military officers, state-sponsored actors, and
other state-affiliated actors in the Russian Federation that
are either directly or incidentally subject to such sanctions.
Such description shall include a discussion of those sanctions
that had significant effects, as well as those that had no
observed effects.
(4) Methodologies for assessing the effects of different categories of financial and economic sanctions on the targets of
such action, including with respect to specific industries, entities, individuals, and transactions.
(5) A description of evasion techniques, including the use
of digital assets, used by the Government of Russia, entities
and persons covered by the sanctions, and by other governments, entities, and persons who have assisted in the use
of such techniques, in response to the sanctions.
(6) A description of any developments by other countries
in creating alternative payment systems as a result of the
invasion of Ukraine.
(7) An assessment of how countries have assessed the
risk of holding reserves in United States dollars since the
February 24, 2022, invasion of Ukraine.
(8) If sufficient collection allows, an assessment of the
impact of any general licenses issued in relation to the sanctions
described in subsection (b), including—
(A) the extent to which authorizations for internetbased communications have enabled continued monetization by Russian influence actors, while not silencing
human-right activists and independent media; and

H. R. 7776—1204
(B) the extent to which licenses authorizing energyrelated transactions have affected the Russian Federation’s
ability to earn hard currency.
(d) FORM OF ASSESSMENTS.—Each assessment submitted under
subsection (b) shall be submitted in unclassified form and include
a classified annex.
SEC. 6808. ASSESSMENT OF IMPACT OF RUSSIA’S INVASION OF
UKRAINE ON FOOD SECURITY.

(a) DEFINITION OF APPROPRIATE COMMITTEES OF CONGRESS.—
In this section, the term ‘‘appropriate committees of Congress’’
means—
(1) the congressional intelligence committees;
(2) the Committee on Foreign Relations, the Committee
on Armed Services, and the Committee on Appropriations of
the Senate; and
(3) the Committee on Foreign Affairs, the Committee on
Armed Services, and the Committee on Appropriations of the
House of Representatives.
(b) ASSESSMENT.—
(1) IN GENERAL.—Not later than 120 days after the date
of the enactment of this Act, the Director of National Intelligence shall, in coordination with the Assistant Secretary of
State for Intelligence and Research and such other heads of
elements of the intelligence community as the Director determines appropriate, submit to the appropriate committees of
Congress an assessment of the current and potential impact
of the invasion by Russia of Ukraine on global food security.
(2) ELEMENTS.—The assessment under paragraph (1) shall
include the following:
(A) An assessment of the current and potential impact
of the invasion by Russia of Ukraine on food security,
disaggregated by region.
(B) An analysis of the potential for political instability
and security crises to occur as a result of such food insecurity, disaggregated by region.
(C) A description of the factors that could reduce or
increase the effects of such food insecurity on political
stability and security, disaggregated by region.
(D) An assessment of the efforts of Russia to steal
grain from illegally occupied territories in Ukraine and
a list of customers who have purchased such stolen grain.
(E) An assessment of whether Russia has taken intentional steps to cause a global food shortage.
(3) FORM.—The assessment under paragraph (1) shall be
submitted in unclassified form, but may include a classified
annex.
(c) BRIEFING.—Not later than 30 days after the date on which
the assessment prepared under subsection (b)(1) is completed, the
Director of National Intelligence shall brief the appropriate committees of Congress on the findings of the Director with respect to
the assessment.

H. R. 7776—1205
SEC. 6809. PILOT PROGRAM FOR DIRECTOR OF FEDERAL BUREAU OF
INVESTIGATION TO UNDERTAKE AN EFFORT TO IDENTIFY
INTERNATIONAL
MOBILE
SUBSCRIBER
IDENTITYCATCHERS.

Section 5725 of the Damon Paul Nelson and Matthew Young
Pollard Intelligence Authorization Act for Fiscal Years 2018, 2019,
and 2020 (50 U.S.C. 3024 note; Public Law 116–92) is amended—
(1) in subsection (a), in the matter before paragraph (1)—
(A) by striking ‘‘The Director of National Intelligence
and the Director of the Federal Bureau of Investigation’’
and inserting ‘‘The Director of the Federal Bureau of Investigation’’;
(B) by inserting ‘‘the Director of National Intelligence,’’
before ‘‘the Under Secretary’’; and
(C) by striking ‘‘Directors determine’’ and inserting
‘‘Director of the Federal Bureau of Investigation determines’’;
(2) by redesignating subsections (b) and (c) as subsections
(d) and (e), respectively;
(3) by inserting after subsection (a) the following:
‘‘(b) PILOT PROGRAM.—
‘‘(1) IN GENERAL.—The Director of the Federal Bureau of
Investigation, in collaboration with the Director of National
Intelligence, the Under Secretary of Homeland Security for
Intelligence and Analysis, and the heads of such other Federal,
State, or local agencies as the Director of the Federal Bureau
of Investigation determines appropriate, and in accordance with
applicable law and policy, shall conduct a pilot program
designed to implement subsection (a)(1)(A) with respect to the
National Capital Region.
‘‘(2) COMMENCEMENT; COMPLETION.—The Director of the
Federal Bureau of Investigation shall—
‘‘(A) commence carrying out the pilot program required
by paragraph (1) not later than 180 days after the date
of the enactment of the Intelligence Authorization Act for
Fiscal Year 2023; and
‘‘(B) complete the pilot program not later than 2 years
after the date on which the Director commences carrying
out the pilot program under subparagraph (A).
‘‘(c) NOTIFICATIONS REQUIRED.—The Director of the Federal
Bureau of Investigation shall notify 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 Capitol Police Board of—
‘‘(1) the placement of sensors designed to identify International Mobile Subscriber Identity-catchers capable of conducting surveillance against the United States Capitol or associated buildings and facilities; and
‘‘(2) the discovery of any International Mobile Subscriber
Identity-catchers capable of conducting surveillance against the
United States Capitol or associated buildings and facilities
and any countermeasures against such International Mobile
Subscriber Identity-catchers.’’; and
(4) in subsection (d), as redesignated by paragraph (2)—
(A) in the matter before paragraph (1), by striking
‘‘Prior’’ and all that follows through ‘‘Investigation’’ and
inserting ‘‘Not later than 180 days after the date on which

H. R. 7776—1206
the Director of the Federal Bureau of Investigation determines that the pilot program required by subsection (b)(1)
is operational, the Director’’;
(B) in paragraph (1), by striking ‘‘within the United
States’’; and
(C) in paragraph (2), by striking ‘‘by the intelligence
community’’ and inserting ‘‘deployed by the Federal Bureau
of Investigation’’.
SEC. 6810. DEPARTMENT OF STATE BUREAU OF INTELLIGENCE AND
RESEARCH ASSESSMENT OF ANOMALOUS HEALTH
INCIDENTS.

(a) APPROPRIATE COMMITTEES OF CONGRESS DEFINED.—In this
section, the term ‘‘appropriate committees of Congress’’ means—
(1) the congressional intelligence committees;
(2) the Committee on Armed Services, the Committee on
Foreign Relations, and the Committee on Appropriations of
the Senate; and
(3) the Committee on Armed Services, the Committee on
Foreign Affairs, and the Committee on Appropriations of the
House of Representatives.
(b) ASSESSMENT REQUIRED.—Not later than 90 days after the
date of the enactment of this Act, the Assistant Secretary of State
for Intelligence and Research shall submit to the appropriate
committees of Congress an assessment of the findings relating
to the events that have been collectively labeled as ‘‘anomalous
health incidents’’.
(c) CONTENTS.—The assessment submitted under subsection
(b) shall include the following:
(1) Any diplomatic reporting or other relevant information
on the causation of anomalous health incidents.
(2) Any diplomatic reporting or other relevant information
on any person or entity who may be responsible for such
incidents.
(3) Detailed plans, including metrics, timelines, and measurable goals, for the Bureau of Intelligence and Research to
understand anomalous health incidents and share findings with
other elements of the intelligence community.
SEC. 6811. REPEAL AND MODIFICATION OF CERTAIN REPORTING AND
BRIEFING REQUIREMENTS.

(a) REPORTS ON SECURITY SERVICES OF THE PEOPLE’S REPUBLIC
CHINA IN THE HONG KONG SPECIAL ADMINISTRATIVE REGION.—
Section 1107A of the National Security Act of 1947 (50 U.S.C.
3237a) is repealed.
(b) ANNUAL UPDATE TO REPORT ON FOREIGN WEAPONIZATION
OF DEEPFAKES AND DEEPFAKE TECHNOLOGY.—Section 5709 of the
National Defense Authorization Act for Fiscal Year 2020 (50 U.S.C.
3369a) is amended—
(1) by striking subsection (d); and
(2) by redesignating subsection (e) as subsection (d).
(c) INFORMATION SHARING PERFORMANCE MANAGEMENT
REPORTS.—
(1) IN GENERAL.—Section 1016 of the Intelligence Reform
and Terrorism Prevention Act of 2004 (6 U.S.C. 485) is
amended—
(A) by striking subsection (h); and
OF

H. R. 7776—1207
(B) by redesignating subsections (i) through (l) as subsections (h) through (k), respectively.
(2) CONFORMING AMENDMENT.—Section 210(b) of the Homeland Security Act of 2002 (6 U.S.C. 124g(b)) is amended by
striking ‘‘section 1016(i) of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 485(i))’’ and inserting
‘‘section 1016(h) of the Intelligence Reform and Terrorism
Prevention Act of 2004 (6 U.S.C. 485(h))’’.
(d) PERIODIC REPORTS ON ACTIVITIES OF PRIVACY OFFICERS
AND CIVIL LIBERTIES OFFICERS.—Section 1062(f)(1) of the Intelligence Reform and Terrorism Prevention Act of 2004 (42 U.S.C.
2000ee–1(f)(1)) is amended, in the matter preceding subparagraph
(A), by striking ‘‘semiannually’’ and inserting ‘‘annually’’.
(e) BRIEFING ON HIZBALLAH’S ASSETS AND ACTIVITIES RELATED
TO FUNDRAISING, FINANCING, AND MONEY LAUNDERING WORLDWIDE.—Section 204(b) of the Hizballah International Financing
Prevention Act of 2015 (Public Law 114–102; 129 Stat. 2212) is
amended by striking ‘‘every 180 days’’ and inserting ‘‘annually’’.
(f) INSPECTORS GENERAL REPORTS ON CLASSIFICATION.—Section
6721(a) of the National Defense Authorization Act for Fiscal Year
2020 (Public Law 116–92; 133 Stat. 2231) is amended by striking
‘‘per year in each of the three’’ and inserting ‘‘every two years
in each of the six’’.
(g) REPORT ON EFFORTS OF STATE SPONSORS OF TERRORISM,
OTHER FOREIGN COUNTRIES, OR ENTITIES TO ILLICITLY ACQUIRE
SATELLITES AND RELATED ITEMS.—Section 1261(e)(1) of the National
Defense Authorization Act for Fiscal Year 2013 (Public Law 112–
239; 126 Stat. 2019) is amended by striking ‘‘annually’’ and inserting
‘‘once every two years’’.
(h) REPORTS AND BRIEFINGS ON DIRECTOR OF NATIONAL INTELLIGENCE PROGRAM ON USE OF INTELLIGENCE RESOURCES IN EFFORTS
TO SANCTION FOREIGN OPIOID TRAFFICKERS.—Section 7231(c) of
the National Defense Authorization Act for Fiscal Year 2020 (21
U.S.C. 2331(c)) is amended—
(1) in the subsection heading, by inserting ‘‘AND BRIEFINGS’’
after ‘‘REPORTS’’; and
(2) in paragraph (1)—
(A) by striking ‘‘(1) QUARTERLY REPORTS ON PROGRAM.—Not later than’’ and inserting the following:
‘‘(1) REPORTS AND BRIEFINGS ON PROGRAM.—
‘‘(A) ANNUAL REPORTS.—Not later than’’;
(B) in subparagraph (A), as designated by subparagraph (A) of this paragraph—
(i) by striking ‘‘every 90 days’’ and inserting
‘‘annually’’;
(ii) by striking ‘‘90-day period’’ and inserting
‘‘year’’; and
(iii) by striking ‘‘under this paragraph’’ and
inserting ‘‘under this subparagraph’’; and
(C) by adding at the end the following:
‘‘(B) SEMIANNUAL BRIEFINGS.—On a semiannual basis,
the Director of National Intelligence and the Director of
the Office of National Drug Control Policy shall jointly
brief the appropriate congressional committees and leadership on the status and accomplishments of the program
required by subsection (a).’’.

H. R. 7776—1208
SEC.

6812.

INCREASED INTELLIGENCE-RELATED ENGINEERING,
RESEARCH, AND DEVELOPMENT CAPABILITIES OF
MINORITY INSTITUTIONS.

(a) PLAN.—
(1) REQUIREMENT.—The Director of National Intelligence
shall develop a plan to promote intelligence-related engineering,
research, and development activities at covered institutions
for the purpose of contributing toward the research necessary
to achieve the intelligence advantage of the United States.
(2) ELEMENTS.—The plan under paragraph (1) shall include
the following:
(A) An assessment of opportunities to support
engineering, research, and development at covered institutions in computer sciences, including artificial intelligence,
quantum computing, and machine learning, and synthetic
biology and an assessment of opportunities to support the
associated workforce and physical research infrastructure
of such institutions.
(B) An assessment of opportunities to enhance the
ability of covered institutions—
(i)
to
participate
in
intelligence-related
engineering, research, and development activities; and
(ii) to effectively compete for intelligence-related
engineering, research and development contracts in
support of the most urgent research requirements of
the intelligence community.
(C) An assessment of the activities and investments
the Director determines necessary—
(i) to expand opportunities for covered institutions
to partner with other research organizations and educational institutions that the intelligence community
frequently partners with to conduct research; and
(ii) to increase participation of covered institutions
in intelligence-related engineering, research, and
development activities.
(D) Recommendations identifying actions that may be
taken by the Director, Congress, covered institutions, and
other organizations to increase participation of such institutions in intelligence-related engineering, research, and
development activities and contracts.
(E) Specific goals, incentives, and metrics to increase
and measure the capacity of covered institutions to address
the engineering, research, and development needs of the
intelligence community.
(3) CONSULTATION.—In developing the plan under paragraph (1), the Director shall consult with covered institutions
and other departments or agencies of the United States Government or private sector organizations that the Director determines appropriate.
(4) REPORT.—Not later than 1 year after the date of the
enactment of this Act, 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, and make publicly available
on the internet website of the Director, a report containing
the plan under paragraph (1).

H. R. 7776—1209
(b) ACTIVITIES TO SUPPORT RESEARCH AND ENGINEERING
CAPACITY.—Subject to the availability of appropriations for such
purpose, the Director may establish a program to award contracts,
grants, or other agreements, on a competitive basis, and to perform
other appropriate activities, for any of the following purposes:
(1) Developing the capability, including the workforce and
the research infrastructure, for covered institutions to more
effectively compete for intelligence-related engineering,
research, and development activities and contracts.
(2) Any other purposes the Director determines appropriate
to enhance the capabilities of covered institutions to carry
out intelligence-related engineering, research, and development
activities and contracts.
(c) INCREASED PARTNERSHIPS BETWEEN IARPA AND COVERED
INSTITUTIONS.—The Director shall establish goals and incentives
to encourage the Intelligence Advanced Research Projects Activity
to—
(1) partner with covered institutions to advance the
research and development needs of the intelligence community
through partnerships and collaborations with the Intelligence
Advanced Research Projects Activity; and
(2) if the Director determines appropriate, foster the
establishment of similar relationships between such institutions
and other organizations that have partnerships with the Intelligence Advanced Research Projects Activity.
(d) COVERED INSTITUTION DEFINED.—In this section, the term
‘‘covered institution’’ means the following:
(1) A part B institution (as defined in section 322 of the
Higher Education Act of 1965 (20 U.S.C. 1061)).
(2) An institution of higher education (as defined in section
101 of the Higher Education Act of 1965(20 U.S.C. 1001))
not covered by paragraph (1) at which not less than 50 percent
of the total student enrollment consists of students from ethnic
groups that are underrepresented in the fields of science and
engineering, as determined by the Director of National Intelligence.
SEC. 6813. REPORTS ON PERSONNEL VETTING PROCESSES AND
PROGRESS UNDER TRUSTED WORKFORCE 2.0 INITIATIVE.

(a) DEFINITIONS.—In this section:
(1) AUTHORIZED ADJUDICATIVE AGENCY; AUTHORIZED INVESTIGATIVE AGENCY; PERSONNEL SECURITY INVESTIGATION; PERIODIC REINVESTIGATION.—The terms ‘‘authorized adjudicative
agency’’, ‘‘authorized investigative agency’’, ‘‘personnel security
investigation’’, and ‘‘periodic reinvestigation’’ have the meanings
given those terms in section 3001(a) of the Intelligence Reform
and Terrorism Prevention Act of 2004 (50 U.S.C. 3341(a)).
(2) CONTINUOUS VETTING; COUNCIL; SECURITY EXECUTIVE
AGENT.—The terms ‘‘continuous vetting’’, ‘‘Council’’, and ‘‘Security Executive Agent’’ have the meanings given those terms
in section 6601 of the Damon Paul Nelson and Matthew Young
Pollard Intelligence Authorization Act for Fiscal Years 2018,
2019, and 2020 (50 U.S.C. 3352).
(b) REPORTS.—Not later than September 30, 2023, and annually
thereafter until September 30, 2027, the Security Executive Agent,
in coordination with the Chair and other Principals of the Council,

H. R. 7776—1210
shall submit to Congress a report on the personnel vetting processes
of the United States Government.
(c) ELEMENTS.—Each report under subsection (b) shall include,
with respect to the preceding fiscal year, the following:
(1) An analysis of the timeliness, costs, and other related
information for the initiations, investigations (including initial
investigations and any required periodic reinvestigations), and
adjudications for personnel vetting purposes. Such analysis
shall include the following:
(A) The average periods of time taken (from the date
of an agency’s receipt of a completed security clearance
application to the date of the ultimate disposition and
notification to the subject and the employer of the subject)
by each authorized investigative agency and authorized
adjudicative agency, to the greatest extent practicable, to
initiate investigations, conduct investigations, and adjudicate security clearances, as compared with established
timeliness objectives.
(B) The number of initial investigations and periodic
reinvestigations initiated and adjudicated by each authorized investigative agency and authorized adjudicative
agency, to the extent practicable.
(C) The number of initial investigations and periodic
reinvestigations carried over to the fiscal year covered by
the report from a prior fiscal year by each authorized
investigative agency and authorized adjudicative agency,
to the greatest extent practicable.
(D) The number of initial investigations and periodic
reinvestigations that resulted in a denial or revocation
of a security clearance by each authorized adjudicative
agency.
(E) The costs to the executive branch relating to personnel security clearance initiations, investigations, adjudications, revocations, and continuous vetting with respect
to such clearances.
(F) A discussion of any impediments, including with
respect to resources, personnel, or authorities, to the timely
processing of personnel security clearances.
(G) The number of individuals who hold a personnel
security clearance and are enrolled in a program of continuous vetting with respect to such clearance, and the numbers and types of adverse actions taken by each authorized
adjudicative agency as a result of such continuous vetting.
(H) The number of personnel security clearances
awaiting or under investigation (including initial investigation and periodic reinvestigation) by the Director of the
Defense Counterintelligence and Security Agency and each
authorized investigative agency.
(I) Such other information as the Security Executive
Agent may determine appropriate, including any recommendations to improve the effectiveness, timeliness, and
efficiency of personnel security clearance initiations, investigations, and adjudications.
(2) An analysis of the status of the implementation of
the Trusted Workforce 2.0 initiative sponsored by the Council,
including the following:

H. R. 7776—1211
(A) A list of the policies issued by the Council for
the Trusted Workforce 2.0 initiative, and a list of expected
issuance dates for planned policies of the Council for such
initiative.
(B) A list of the departments and agencies of the executive branch that have identified a senior implementation
official to be accountable for the implementation of the
Trusted Workforce 2.0 initiative, in accordance with the
memorandum on transforming Federal personnel vetting
issued by the Assistant to the President for National Security Affairs on December 14, 2021, including an identification of the position of such senior implementation official
within the respective department or agency.
(C) A list of the departments and agencies of the executive branch that have submitted implementation plans,
and subsequent progress reports, with respect to the
Trusted Workforce 2.0 initiative, as required by the memorandum specified in subparagraph (B).
(D) A summary of the progress that the departments
and agencies of the executive branch have made implementing the Trusted Workforce 2.0 initiative.
(3) An analysis of the transfers between, and reciprocal
recognition among, the heads of the departments and agencies
of the executive branch of security clearance background investigations and determinations and other investigations and
determinations relating to personnel vetting (including with
respect to trust, suitability, fitness, credentialing, and access).
Such analysis shall include, with respect to such investigations
and determinations, the following:
(A) The number of employees for whom a prior such
investigation or determination was recognized and accepted
by the head of a department or agency without the head
requiring additional investigative or adjudicative steps,
disaggregated by department or agency, to the greatest
extent practicable.
(B) The number of employees for whom a prior such
investigation or determination was not recognized or
accepted by the head of a department or agency without
the head requiring additional investigative or adjudicative
steps, disaggregated by department or agency, to the
greatest extent practicable.
(C) The reasons most frequently cited by such heads
for the failure to recognize or accept a prior such investigation or determination, disaggregated by department or
agency.
(D) The average number of days for the head of a
department or agency to recognize and accept a prior such
investigation or determination (from the date the head
initiates the process to consider the prior investigation
or determination for recognition and acceptance, to the
date the head makes a final determination on such recognition and acceptance), disaggregated by agency, to the
greatest extent practicable.
(4) A discussion of any impediments, constraints, and
opportunities relating to—
(A) the timeliness of the personnel security clearance
process across the United States Government;

H. R. 7776—1212
(B) the implementation of the Trusted Workforce 2.0
initiative;
(C) the transfer and reciprocal recognition of determinations relating to personnel vetting between and among
departments and agencies; and
(D) the completeness and provision of data from elements of the intelligence community, pursuant to paragraphs (1), (2), and (3) of this subsection.
SEC. 6814. REPORTS RELATING TO PROGRAMS OF RECORD OF
NATIONAL GEOSPATIAL-INTELLIGENCE AGENCY.

(a) FINDINGS.—Congress finds the following:
(1) The comprehensive identification of National
Geospatial-Intelligence Agency programs and activities, to
include significant, enduring programs determined by the
Agency to be ‘‘programs of record’’, is a critical element for
enabling budget auditability and oversight by the Office of
the Director of National Intelligence, the Office of Management
and Budget, and the congressional intelligence committees.
(2) In order to improve how the National Geospatial-Intelligence Agency justifies and oversees resources in support of
core missions and authorities, the Agency has committed to
establish a deliberate acquisition structure, modeled after
Department of Defense best practices, with programs and activities aligned under a Program Executive Office structure.
(3) Establishing an effective Program Executive Office
structure at the National Geospatial-intelligence Agency will
ensure clearly articulated acquisition efforts that have defined
requirements and program scope with traceability from
capabilities to deliverables to Programs of Record to budget
materials.
(b) REPORTS REQUIRED.—
(1) REPORTS TO CONGRESSIONAL INTELLIGENCE COMMITTEES
AND DEFENSE SUBCOMMITTEES OF CONGRESSIONAL APPROPRIATIONS COMMITTEES.—Not later than February 1, 2023, the
Director of the National Geospatial-Intelligence Agency, consistent with the protection of intelligence sources and methods,
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
reports on the programs and activities of the Agency. Such
reports shall include, at a minimum, the following:
(A) An identification of any definition for the term
‘‘program of record’’ used by the Agency during the period
beginning October 1, 2017, and ending on the date of
the submission of the report.
(B) A detailed description of each current program
and activity of the Agency, including each current program
of record of the Agency.
(C) A detailed explanation of how funding and other
information relating to each such program of record or
other program or activity may be located within the budget
justification materials submitted to Congress.
(D) An in-process review of the program element office
planning and implementation efforts.

H. R. 7776—1213
(E) Identification of limitations and additional support
required by the Agency to implement program element
offices and related changes to financial management systems.
(2) REPORT TO CONGRESSIONAL INTELLIGENCE AND DEFENSE
COMMITTEES.—
(A) DEFINITION OF APPROPRIATE CONGRESSIONAL
COMMITTEES.—In this section, the term ‘‘appropriate
congressional committees’’ means—
(i) the congressional intelligence committees; and
(ii) the Committee on Armed Services and the
Subcommittee on Defense of the Committee on Appropriations of the Senate; and
(iii) the Committee on Armed Services and Subcommittee on Defense of the Committee on Appropriations of the House of Representatives.
(B) REPORT REQUIRED.—Not later than February 1,
2023, the Director of the National Geospatial-Intelligence
Agency, consistent with the protection of intelligence
sources and methods, shall submit to the appropriate
congressional committees a report on the programs and
activities of the Agency that are funded in full or in part
under the Military Intelligence Program. Such report shall
include, at a minimum, the following:
(i) An identification of any definition for the term
‘‘program of record’’ used by the Agency during the
period beginning October 1, 2017 and ending on the
date of the submission of the report.
(ii) A detailed description of each current program
and activity of the Agency funded in full or in part
under the Military Intelligence Program, including
each current program of record of the Agency funded
in full or in part under the Military Intelligence Program.
(iii) A detailed explanation of how funding and
other information relating to each such program of
record or other program or activity funded in full or
in part under the Military Intelligence Program may
be located within the budget justification materials
submitted to Congress.
(3) FORM.—Each report under this subsection may be submitted in classified form.
SEC. 6815. PLAN REGARDING SOCIAL MEDIA DATA AND THREAT ANALYSIS CENTER.

(a) DEFINITION OF APPROPRIATE CONGRESSIONAL COMMITthis section, the term ‘‘appropriate congressional committees’’ has the meaning given that term in section 5323(h) of the
Damon Paul Nelson and Matthew Young Pollard Intelligence
Authorization Act for Fiscal Years 2018, 2019, and 2020 (50 U.S.C.
3369(h)).
(b) PLAN.—Not later than 90 days after the date of the enactment of this Act, the Director of National Intelligence shall submit
to the appropriate congressional committees a plan to operationalize
the Social Media Data and Threat Analysis Center in accordance
with section 5323 of the Damon Paul Nelson and Matthew Young
TEES.—In

H. R. 7776—1214
Pollard Intelligence Authorization Act for Fiscal Years 2018, 2019,
and 2020 (50 U.S.C. 3369).
(c) ELEMENTS.—The plan under subsection (b) shall include
a description of how the Social Media Data and Threat Analysis
Center shall—
(1) coordinate with social media companies, independent
organizations and researchers, and other public-facing internetbased platforms to determine—
(A) what categories of data and metadata are useful
indicators of internet-based foreign malign influence activities; and
(B) how such data and metadata may be shared effectively with the Center and with independent organizations
and researchers while protecting the privacy and civil liberties of United States users of social media platforms
and other public-facing internet-based platforms; and
(2) develop criteria under which social media companies
and other public-facing internet-based platforms share indicators of internet-based foreign malign influence activities with
the Center and independent organizations and researchers,
including a description of—
(A) the timeliness and consistency of such sharing of
indicators;
(B) the categories of indicators to be shared; and
(C) the protection, in consultation with the head of
the Office of Civil Liberties, Privacy, and Transparency
as may be appropriate, of privacy, civil liberties, and constitutionally protected activities of users of social media
platforms and other public-facing internet-based platforms.
SEC. 6816. REPORT ON USE OF PUBLICLY AVAILABLE SOCIAL MEDIA
INFORMATION IN PERSONNEL VETTING DETERMINATIONS.

(a) DEFINITIONS OF CONTINUOUS VETTING, COUNCIL, AND SECUEXECUTIVE AGENT.—In this section, the terms ‘‘continuous
vetting’’, ‘‘Council’’, and ‘‘Security Executive Agent’’ have the
meanings given those terms in section 6601 of the Damon Paul
Nelson and Matthew Young Pollard Intelligence Authorization Act
for Fiscal Years 2018, 2019, and 2020 (50 U.S.C. 3352).
(b) REPORT.—Not later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence, in
coordination with other heads of the elements of the intelligence
community that the Director determines appropriate, and in consultation with the other principal members of the Council, shall
submit to Congress a report regarding the current and planned
use of publicly available social media information in the personnel
vetting and security clearance processes.
(c) ELEMENTS.—The report under subsection (b) shall include
the following:
(1) A description of how departments and agencies of the
United States Government have implemented Security Executive Agent Directive 5 titled ‘‘Collection, Use, and Retention
of Publicly Available Social Media Information in Personnel
Security Background Investigations and Adjudications’’, and
relevant agency implementing guidance, including Department
of Defense Instruction 1325.06 titled ‘‘Handling Protest,
RITY

H. R. 7776—1215
Extremist, and Criminal Gang Activities among Members of
the Armed Forces’’.
(2) A description of how the use of publicly available social
media in personnel vetting determinations and security clearance investigations and adjudications is, or will be, captured
in the National Background Investigation Services system and
other information technology systems used in the personnel
vetting process.
(3) A description of how publicly available social media
information is used, and will be used, in continuous vetting
and security clearances processes and insider threat programs.
(4) A description of any privacy or civil liberties concerns
with the use of publicly available social media information
in personnel vetting or security clearance determinations,
including a discussion of the risks, benefits, and drawbacks
of allowing for the voluntary provision of, or voluntary access
to, nonpublicly available social media information in the regular
course of personnel vetting and security clearance processes.
(5) A discussion of the extent to which officials and entities
of the United States Government responsible for privacy and
civil liberties matters, including the Chief of the Office of Civil
Liberties, Privacy, and Transparency of the Office of the
Director of National Intelligence and the civil liberties officers
of departments and agencies of the United States Government,
are involved in the development and operation of programs
to use social media information in personnel vetting and security clearance processes.
(6) A discussion of any impediments, constraints, risks,
or drawbacks relating to the use of publicly available social
media information in personnel vetting and security clearance
processes, including—
(A) challenges associated with implementation of Security Executive Agent Directive 5, Department of Defense
Instruction 1325.06, and other relevant guidance;
(B) the resources required, including with respect to
personnel, funding, and information systems, to gather,
assess, and make use of such information; and
(C) an analysis of the costs and benefits of the use
of publicly available social media information.
(7) An implementation plan for the future use of publicly
available social media information, based on relevant findings
under paragraphs (1) through (6).
SEC. 6817. REPORT ON STRENGTHENING WORKFORCE DIVERSITY
PLANNING AND OVERSIGHT.

(a) REPORT.—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 the elements 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
discussing steps to enhance the strategic planning for, measure
the progress of, and assess barriers to workforce diversity in the
intelligence community.
(b) ELEMENTS.—The report under subsection (a) shall include
the following:

H. R. 7776—1216
(1) A discussion of existing, updated, or new guidance
requiring all elements of the intelligence community to maintain current and complete diversity strategic plans that contain
specific objectives, timeframes, and responsibilities.
(2) A discussion of progress made by individual elements
toward maintaining such plans.
(3) A discussion of existing, updated, or new guidance to
ensure individual elements develop performance measures to
assess the contribution of activities toward achieving diversity
goals and overall progress.
(4) A discussion of progress made by individual elements
toward developing measures to assess progress toward
achieving diversity management efforts.
(5) A discussion of existing, updated, or new guidance
ensuring that each element routinely identifies and takes steps
toward eliminating barriers to workforce diversity.
(6) A discussion of steps taken by the Director to ensure
that individual elements are routinely completing required
assessments to identify and eliminate barriers to diversity.
(7) A discussion of steps taken by the Director to establish
specific implementation objectives and timeframes for the elements that support intelligence community-wide diversity goals
to ensure the elements are held accountable for making
progress.
SEC. 6818. REPORT ON TRANSITION OF NATIONAL RECONNAISSANCE
OFFICE TO DIGITAL ENGINEERING ENVIRONMENT.

(a) FINDINGS.—Congress finds the following:
(1) Potential foreign adversaries are outpacing the United
States in the fielding of new generations of space systems
that dull the edge the United States has enjoyed in space.
(2) A digital engineering environment, also known as digital
systems engineering, reduces the time to field new space systems.
(3) Digital engineering environment tools enable the rapid
iterations of requirements and architectures into digital system
depictions capable of use by private industry to further the
design and development of space systems.
(b) SENSE OF CONGRESS.—It is the sense of Congress that,
to maintain a competitive advantage in space, the National Reconnaissance Office should transition to a digital engineering environment by not later than 3 years after the date of the enactment
of this Act.
(c) REPORT.—
(1) SUBMISSION.—Not later than 180 days after the date
of the enactment of this Act, the Director of the National
Reconnaissance Office shall submit to the appropriate congressional committees a report that contains the following:
(A) A plan for the transition of the National Reconnaissance Office to a digital engineering environment.
(B) An identification of the date by which such transition shall be completed.
(C) A description of the metrics the Director plans
to use to measure progress made with respect to such
transition and resulting efficiencies gained.
(D) A description of the initial pilot programs of the
National Reconnaissance Office relating to digital

H. R. 7776—1217
engineering and the plans to expand such pilot programs
in scale and scope with respect to acquisition carried out
under such pilot programs.
(E) A description of any training requirements or certifications necessary to advance a digital engineering
environment within the National Reconnaissance Office.
(F) A description of how the Director plans to incorporate input and best practices from private industry to
facilitate and accelerate the transition of the National
Reconnaissance Office to a digital engineering environment.
(2) FORM.—The report under paragraph (1) shall be submitted in unclassified form, but may include a classified annex.
(d) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In
this section, the term ‘‘appropriate congressional committees’’
means—
(1) the congressional intelligence committees; and
(2) the congressional defense committees (as defined in
section 101(a)(16) of title 10, United States Code).
SEC. 6819. BRIEFING ON DEPARTMENT OF HOMELAND SECURITY
INTELLIGENCE ACTIVITIES.

(a) DEFINITIONS.—In this section:
(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term
‘‘appropriate congressional committees’’ means the following:
(A) The congressional intelligence committees.
(B) The Committee on Homeland Security and Governmental Affairs and the Committee on Appropriations of
the Senate.
(C) The Committee on Homeland Security and the
Committee on Appropriations of the House of Representatives.
(2) COMPONENT OF THE DEPARTMENT OF HOMELAND SECURITY.—The term ‘‘component of the Department of Homeland
Security’’ means the following components of the Department
of Homeland Security:
(A) The Cybersecurity and Infrastructure Security
Agency Threat Management Division.
(B) The Federal Emergency Management Agency
Protection and National Preparedness, Office of Counterterrorism and Security Preparedness.
(C) The Transportation Security Administration Office
of Intelligence and Analysis.
(D) The United States Citizenship and Immigration
Services Fraud Detection and National Security Directorate, Field Operations Directorate, and Collateral Duty
Intelligence.
(E) The United States Customs and Border Protection
Office of Intelligence.
(F) The United States Immigration and Customs
Enforcement Homeland Security Investigations, Office of
Intelligence, and Special Agent in Charge Intelligence Program.
(3) INTELLIGENCE ACTIVITY.—The term ‘‘intelligence
activity’’ shall be interpreted consistent with how such term
is used in section 502 of the National Security Act of 1947
(50 U.S.C. 3092).

H. R. 7776—1218
(b) BRIEFING ON INTELLIGENCE ACTIVITIES.—Consistent with
section 501 of the National Security Act of 1947 (50 U.S.C. 3091),
not later than 30 days after the date of the enactment of this
Act, the Chief Intelligence Officer of the Department of Homeland
Security shall provide the appropriate congressional committees
a briefing on the intelligence activities of elements of the Department of Homeland Security that are not elements of the intelligence
community. Such briefing shall include the following:
(1) A comprehensive description of all intelligence activities
conducted during the period beginning on January 1, 2018,
and ending on the date of the briefing, by any component
of the Department of Homeland Security that conducts intelligence activities.
(2) With respect to each such intelligence activity, a description of the activity, including, at a minimum—
(A) the nature of the activity;
(B) the component undertaking the activity;
(C) the legal authority for such activity; and
(D) the source of funding for such activity.
(3) A description and the quantity of any types of finished
intelligence products, or intelligence information reports, produced or contributed to by a component of the Department
of Homeland Security that conducts intelligence activities
during the period specified in paragraph (1).
(4) An identification of any external or internal guidelines,
policies, processes, practices, or programs governing the collection, retention, analysis, or dissemination by such a component
of information regarding United States citizens, lawful permanent residents of the United States, or individuals located
within the United States.
(c) FORM.—The briefing under subsection (b) may be provided
in classified form.
(d) ADDITIONAL BRIEFINGS.—Not later than 1 year after the
date on which the Chief Intelligence Officer provides the briefing
under subsection (b) and not less frequently than once each year
thereafter, the Chief Intelligence Officer shall provide the appropriate congressional committees a briefing on any new intelligence
activities commenced by any component of the Department of Homeland Security and any that have been terminated.
SEC. 6820. REPORT ON DECLASSIFICATION EFFORTS OF CENTRAL
INTELLIGENCE AGENCY.

Not later than 270 days after the date of the enactment of
this Act, the Inspector General 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 a report on the
declassification efforts of the Central Intelligence Agency. Such
report shall include—
(1) an identification of the resources that are dedicated
to such efforts; and
(2) an assessment as to whether such resources are sufficient.

H. R. 7776—1219
SEC. 6821. REPORT ON NATIONAL SPACE INTELLIGENCE CENTER.

(a) REPORT.—Not later than March 1, 2023, the Director of
National Intelligence, in coordination with the Chief of Space Operations, shall submit to the appropriate congressional committees
a report on the National Space Intelligence Center.
(b) MATTERS INCLUDED.—The report under subsection (a) shall
include the following:
(1) A description of the status of the National Space Intelligence Center since the activation of the Center and the
implications of the Center being aligned under a Field Command rather than a field operating agency aligned to the
Director of Intelligence, Surveillance, and Reconnaissance of
the Space Force.
(2) A review of the ability of the Center to address the
full set of national space intelligence analytical demands
(including with respect to acquisition and operational mission
requirements of the Space Force, the Department of Defense,
the intelligence community, and other national customers)
while being assigned as a subordinate to Space Operations
Command, a Field Command, including—
(A) an assessment of the ability of the Center to
respond to the broadest space intelligence requirements
as compared to a service specific need; and
(B) a review specifically addressing any perceived mission misalignment, potential mitigating measures, or other
structural organization concerns.
(3) An assessment of—
(A) the current resourcing posture, including any additional personnel required as a result of subordination to
a Field Command; and
(B) the resourcing posture if the Center were aligned
to the Director of Intelligence, Surveillance, and Reconnaissance of the Space Force as described in paragraph (1).
(4) Lessons learned since unit activation, including with
respect to—
(A) organizational efficiencies and inefficiencies;
(B) financial implications;
(C) organizational redundancy;
(D) parity mismatch and synergies with other service
intelligence centers; and
(E) lessons learned through comparisons to other
service intelligence centers organized as a field operating
agency and aligned under the senior intelligence officer
of the respective Armed Force.
(c) FORM.—The report under subsection (a) shall be submitted
in unclassified form, but may include a classified annex.
(d) APPROPRIATE CONGRESSIONAL COMMITTEES.—In this section,
the term ‘‘appropriate congressional committees’’ means the following:
(1) The congressional intelligence committees.
(2) The congressional defense committees (as defined in
section 101(a)(16) of title 10, United States Code).

H. R. 7776—1220
SEC. 6822. REPORT ON IMPLEMENTATION OF EXECUTIVE ORDER 13556,
REGARDING CONTROLLED UNCLASSIFIED INFORMATION.

(a) DEFINITION OF APPROPRIATE COMMITTEES OF CONGRESS.—
In this section, the term ‘‘appropriate committees of Congress’’
means—
(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) REPORT.—Not later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence and
the Under Secretary of Defense for Intelligence and Security, in
coordination with the heads of other elements of the intelligence
community, shall submit to the appropriate committees of Congress
a report on the implementation by the intelligence community of
Executive Order 13556 (44 U.S.C. 3501 note; relating to controlled
unclassified information).
(c) SENSE OF CONGRESS.—It is the sense of Congress that
the National Security Council should accelerate the process of
revising or replacing Executive Order 13556.
SEC. 6823. NATIONAL MUSEUM OF INTELLIGENCE AND SPECIAL OPERATIONS.

(a) RECOGNITION.—The privately-funded museum to honor the
intelligence community and special operations forces that is planned
to be constructed in Ashburn, Virginia, may be recognized, upon
completion, as the ‘‘National Museum of Intelligence and Special
Operations’’.
(b) PURPOSES.—The purpose of recognizing the National
Museum of Intelligence and Special Operations under subsection
(a) are to—
(1) commemorate the members of the intelligence community and special operations forces who have been critical to
securing the Nation against enemies of the United States for
nearly a century;
(2) preserve and support the historic role that the intelligence community and special operations forces have played,
and continue to play, both in secrecy as well as openly, to
keep the United States and its values and way of life secure;
and
(3) foster a greater understanding of the intelligence
community and special operations forces to ensure a common
understanding, dispel myths, recognize those who are not otherwise able to be publicly recognized, and increase science, technology, engineering, and math education through museum programs designed to promote more interest and greater diversity
in recruiting with respect to the intelligence and special operations career field.
SEC. 6824. TECHNICAL CORRECTIONS.

(a) NATIONAL SECURITY ACT OF 1947.—The National Security
Act of 1947 (50 U.S.C. 3001 et seq.), as amended by this Act,
is further amended as follows:

H. R. 7776—1221
(1) In section 105(a)(1) (50 U.S.C. 3038(a)(1)), by striking
‘‘chairman’’ and inserting ‘‘Chairman’’.
(2) In section 113B(b) (50 U.S.C. 3049a(b))—
(A) in paragraph (1)(A), by striking ‘‘Under Secretary
of Defense for Intelligence’’ and inserting ‘‘Under Secretary
of Defense for Intelligence and Security’’; and
(B) in paragraph (4), by striking ‘‘section 226 of the
Homeland Security Act of 2002 (6 U.S.C. 147)’’ and
inserting ‘‘section 2208 of the Homeland Security Act of
2002 (6 U.S.C. 658)’’.
(3) In section 118(a) (50 U.S.C. 3055(a)), by striking ‘‘a
annual’’ and inserting ‘‘an annual’’.
(4) In section 301(j) (50 U.S.C. 3071(j)), by striking ‘‘and
includes’’ and inserting ‘‘and including’’.
(5) In section 506G(c) (50 U.S.C. 3103(c)), by striking
‘‘pursuant section’’ and inserting ‘‘pursuant to section’’.
(6) In section 507(a)(1) (50 U.S.C. 3106(a)(1)), by striking
‘‘Generals’’ and inserting ‘‘General’’.
(7) In section 1024(g)(7)(A) (50 U.S.C. 3224(g)(7)(A)), by
striking ‘‘places’’ and inserting ‘‘place’’.
(8) In section 1104(b)(1)(B) (50 U.S.C. 3234(b)(1)(B)), by
striking the period at the end and inserting a semicolon.
(b) DAMON PAUL NELSON AND MATTHEW YOUNG POLLARD
INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEARS 2018, 2019,
AND 2020.—The Damon Paul Nelson and Matthew Young Pollard
Intelligence Authorization Act for Fiscal Years 2018, 2019, and
2020 (division E of Public Law 116–92) is amended—
(1) in section 5704(b)(1) (50 U.S.C. 3334b(b)(1)), by striking
‘‘, and subject to paragraph (3)’’;
(2) in section 6316 (50 U.S.C. 3334b note), by striking
‘‘congressional committees’’ and inserting ‘‘congressional intelligence committees’’; and
(3) in section 6604 (50 U.S.C. 3352c), by striking ‘‘subsections (b) and (c)’’ both places it appears and inserting ‘‘subsections (a) and (b)’’.
(c) INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2012.—
Section 309(a)(5) of the Intelligence Authorization Act for Fiscal
Year 2012 (50 U.S.C. 3334e) is amended by striking ‘‘section
3542(b)’’ and inserting ‘‘section 3552’’.
(d) PUBLIC INTEREST DECLASSIFICATION ACT OF 2000.—The
Public Interest Declassification Act of 2000 (50 U.S.C. 3355 et
seq.) is amended—
(1) in section 703(a)(2) (50 U.S.C. 3355a(a)(2)), by striking
‘‘Executive Order 12958’’ and inserting ‘‘Executive Order
13526’’;
(2) in section 704(e)(3) (50 U.S.C. 3355b(e)(3)), by striking
the comma before ‘‘shall’’;
(3) in section 705(c) (50 U.S.C. 3355c(c)), by striking ‘‘section 103(c)(6) of the National Security Act of 1947 (50 U.S.C.
403–3(c)(6))’’ and inserting ‘‘section 102A(i) of the National
Security Act of 1947 (50 U.S.C. 3024(i))’’; and
(4) in section 706 (50 U.S.C. 3355d), by striking ‘‘Executive
Order No. 12958’’ both places it appears and inserting ‘‘Executive Order 13526’’.

H. R. 7776—1222

DIVISION G—HOMELAND SECURITY
TITLE LXXI—HOMELAND SECURITY
MATTERS
Subtitle A—Strengthening Security in Our Communities
Sec. 7101. Enhancements to funding and administration of Nonprofit Security
Grant Program of the Department of Homeland Security.
Sec. 7102. Preservation of homeland security capabilities.
Sec. 7103. School and daycare protection.
Sec. 7104. Cybersecurity grants for schools.
Sec. 7105. Transnational Criminal Investigative Unit Stipend.
Sec. 7106. Chemical Security Analysis Center.
Subtitle B—Strengthening DHS Management, Policymaking, and Operations
Sec. 7111. Joint Task Forces of the Department of Homeland Security.
Sec. 7112. Homeland Procurement Reform Act.
Sec. 7113. Daily public report of covered contract awards.
Sec. 7114. Preference for United States industry.
Sec. 7115. Department of Homeland Security mentor-prote´ge´ program.
Sec. 7116. DHS economic security council.
Sec.
Sec.
Sec.
Sec.

7121.
7122.
7123.
7124.

Subtitle C—Enhancing Cybersecurity Training and Operations
President’s Cup Cybersecurity Competition.
Industrial control systems cybersecurity training.
National Computer Forensics Institute reauthorization.
Report on cybersecurity roles and responsibilities of the Department of
Homeland Security.

Subtitle D—Enhancing Transportation and Border Security Operations
Sec. 7131. TSA reaching across nationalities, societies, and languages to advance
traveler education.
Sec. 7132. One-stop pilot program.
Sec. 7133. Report on efforts of the Department of Homeland Security to deter vehicular terrorist attacks (Darren Drake).
Sec. 7134. DHS illicit cross-border tunnel defense.
Sec. 7135. Providing training for U.S. Customs and Border Protection personnel on
the use of containment devices to prevent secondary exposure to
fentanyl and other potentially lethal substances.
Sec. 7136. Reports, evaluations, and research regarding drug interdiction at and
between ports of entry.
Subtitle E—Technical Corrections, Conforming Changes, and Improvements
Sec. 7141. Quadrennial homeland security review technical corrections.
Sec. 7142. Technical, conforming, and clerical amendments.
Sec. 7143. CISA technical corrections and improvements.

Subtitle A—Strengthening Security in Our
Communities
SEC. 7101. ENHANCEMENTS TO FUNDING AND ADMINISTRATION OF
NONPROFIT SECURITY GRANT PROGRAM OF THE
DEPARTMENT OF HOMELAND SECURITY.

(a) IN GENERAL.—Section 2009 of the Homeland Security Act
of 2002 (6 U.S.C. 609a) is amended—
(1) in subsection (a), by inserting ‘‘or other threats’’ before
the period at the end;
(2) in subsection (b)—
(A) in the matter preceding paragraph (1), by striking
‘‘(a)’’; and
(B) by amending paragraph (2) to read as follows:

H. R. 7776—1223
‘‘(2) determined by the Secretary to be at risk of terrorist
attacks or other threats.’’;
(3) in subsection (c)—
(A) by redesignating paragraphs (1), (2), and (3) as
subparagraphs (A), (B), and (E), respectively, and moving
such subparagraphs, as so redesignated, two ems to the
right;
(B) in the matter preceding subparagraph (A), as so
redesignated, by striking ‘‘The recipient’’ and inserting the
following:
‘‘(1) IN GENERAL.—The recipient’’;
(C) in subparagraph (A), as so redesignated, by striking
‘‘equipment and inspection and screening systems’’ and
inserting ‘‘equipment, inspection and screening systems,
and alteration or remodeling of existing buildings or physical facilities’’;
(D) by inserting after subparagraph (B), as so redesignated, the following new subparagraphs:
‘‘(C) Facility security personnel costs.
‘‘(D) Expenses directly related to the administration
of the grant, except that those expenses may not exceed
5 percent of the amount of the grant.’’; and
(E) by adding at the end the following new paragraphs:
‘‘(2) RETENTION.—Each State through which a recipient
receives a grant under this section may retain not more than
5 percent of each grant for expenses directly related to the
administration of the grant.
‘‘(3) OUTREACH AND TECHNICAL ASSISTANCE.—
‘‘(A) IN GENERAL.—If the Administrator establishes target allocations in determining award amounts under the
Program, a State may request a project to use a portion
of the target allocation for outreach and technical assistance if the State does not receive enough eligible applications from nonprofit organizations located outside highrisk urban areas.
‘‘(B) PRIORITY.—Any outreach or technical assistance
described in subparagraph (A) should prioritize underserved communities and nonprofit organizations that are
traditionally underrepresented in the Program.
‘‘(C) PARAMETERS.—In determining grant guidelines
under subsection (g), the Administrator may determine
the parameters for outreach and technical assistance.’’;
(4) in subsection (e)—
(A) by striking ‘‘2020 through 2024’’ and inserting
‘‘2022 through 2028’’;
(B) by striking ‘‘on the expenditure’’ and inserting ‘‘on
the following:
‘‘(1) The expenditure’’; and
(C) by adding at the end the following new paragraphs:
‘‘(2) The number of applications submitted by eligible nonprofit organizations to each State.
‘‘(3) The number of applications submitted by each State
to the Administrator.
‘‘(4) The operations of the program office of the Program,
including staffing resources and efforts with respect to subparagraphs (A) through (D) of subsection (c)(1).’’; and

H. R. 7776—1224
(5) by striking subsection (f) and inserting the following
new subsections:
‘‘(f) ADMINISTRATION.—Not later than 120 days after the date
of enactment of this subsection, the Administrator shall ensure
that within the Federal Emergency Management Agency a program
office for the Program (in this subsection referred to as the ‘program
office’) shall—
‘‘(1) be headed by a senior official of the Agency; and
‘‘(2) administer the Program (including, where appropriate,
in coordination with States), including relating to—
‘‘(A) outreach, engagement, education, and technical
assistance and support to eligible nonprofit organizations
described in subsection (b), with particular attention to
those organizations in underserved communities, before,
during, and after the awarding of grants, including webbased training videos for eligible nonprofit organizations
that provide guidance on preparing an application and
the environmental planning and historic preservation
process;
‘‘(B) the establishment of mechanisms to ensure program office processes are conducted in accordance with
constitutional, statutory, and regulatory requirements that
protect civil rights and civil liberties and advance equal
access for members of underserved communities;
‘‘(C) the establishment of mechanisms for the Administrator to provide feedback to eligible nonprofit organizations that do not receive grants;
‘‘(D) the establishment of mechanisms to identify and
collect data to measure the effectiveness of grants under
the Program;
‘‘(E) the establishment and enforcement of standardized baseline operational requirements for States, including
requirements for States to eliminate or prevent any
administrative or operational obstacles that may impact
eligible nonprofit organizations described in subsection (b)
from receiving grants under the Program;
‘‘(F) carrying out efforts to prevent waste, fraud, and
abuse, including through audits of grantees; and
‘‘(G) promoting diversity in the types and locations
of eligible nonprofit organizations that are applying for
grants under the Program.
‘‘(g) GRANT GUIDELINES.—For each fiscal year, before awarding
grants under this section, the Administrator—
‘‘(1) shall publish guidelines, including a notice of funding
opportunity or similar announcement, as the Administrator
determines appropriate; and
‘‘(2) may prohibit States from closing application processes
before the publication of those guidelines.
‘‘(h) PAPERWORK REDUCTION ACT.—Chapter 35 of title 44,
United States Code (commonly known as the ‘Paperwork Reduction
Act’), shall not apply to any changes to the application materials,
Program forms, or other core Program documentation intended
to enhance participation by eligible nonprofit organizations in the
Program.
‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—

H. R. 7776—1225
‘‘(1) IN GENERAL.—There is authorized to be appropriated
$360,000,000 for each of fiscal years 2023 through 2028 for
grants under this section, of which—
‘‘(A) $180,000,000 each such fiscal year shall be for
recipients in high-risk urban areas that receive funding
under section 2003; and
‘‘(B) $180,000,000 each such fiscal year shall be for
recipients in jurisdictions that do not so receive such
funding.
‘‘(2) OPERATIONS AND SUPPORT.—There is authorized to be
appropriated $18,000,000 for each of fiscal years 2023 through
2028 for Operations and Support at the Federal Emergency
Management Agency for costs incurred for the management
and administration (including evaluation) of this section.’’.
(b) REPORT.—
(1) IN GENERAL.—Not later than 180 days after the date
of the enactment of this Act, the Administrator shall seek
to enter into a contract or other agreement with an independent
research organization pursuant to which the organization will
conduct a study that analyzes and reports on the following:
(A) The effectiveness of the Nonprofit Security Grant
Program established under section 2009(a) of the Homeland
Security Act 2002 (6 U.S.C. 609a(a)), as amended by subsection (a), for preparedness against terrorist attacks or
other threats.
(B) The risk-based formula and allocations under such
Program.
(C) The risk profile of and any identifiable factors
leading to the low participation of traditionally underrepresented groups and States under such Program.
(2) SUBMISSION.—The report required under paragraph (1)
shall be submitted to the Committee on Homeland Security
and Governmental Affairs of the Senate, the Committee on
Homeland Security of the House of Representatives, and the
Committees on Appropriations of the Senate and the House
of Representatives.
(3) FUNDING.—The Administrator may use funding authorized under subsection (j) of section 2009 of the Homeland Security Act of 2002 (6 U.S.C. 609a)), as amended by subsection
(a), to carry out this subsection.
(c) TECHNICAL AND CONFORMING AMENDMENTS.—Section 2008
of the Homeland Security Act of 2002 (6 U.S.C. 609) is amended—
(1) in subsection (c) by striking ‘‘sections 2003 and 2004’’
and inserting ‘‘sections 2003, 2004, and 2009’’; and
(2) in subsection (e), by striking ‘‘section 2003 or 2004’’
and inserting ‘‘section 2003, 2004, or 2009’’.
SEC. 7102. PRESERVATION OF HOMELAND SECURITY CAPABILITIES.

(a) DEFINITIONS.—In this section:
(1) ADMINISTRATOR.—The term ‘‘Administrator’’ means the
Administrator of the Federal Emergency Management Agency.
(2) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term
‘‘appropriate congressional committees’’ means the Committee
on Homeland Security and Governmental Affairs of the Senate
and the Committee on Homeland Security of the House of
Representatives.

H. R. 7776—1226
(3) COVERED HOMELAND SECURITY CAPABILITY.—The term
‘‘covered homeland security capability’’ means a homeland security capability related to preventing, preparing for, protecting
against, or responding to acts of terrorism that—
(A) was developed or otherwise supported through
grant funding under the UASI before the current fiscal
year; and
(B) is at risk of being reduced or eliminated without
additional Federal financial assistance.
(4) COVERED URBAN AREA.—The term ‘‘covered urban area’’
means an urban area that—
(A) during the current fiscal year did not receive grant
funding under the UASI; and
(B) requires continued Federal assistance for the purpose of preserving a covered homeland security capability.
(5) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of Homeland Security.
(6) UASI.—The term ‘‘UASI’’ means the Urban Area Security Initiative under section 2003 of the Homeland Security
Act of 2002 (6 U.S.C. 604).
(b) REPORT AND PROPOSAL.—
(1) SUBMISSION TO CONGRESS.—Not later than 18 months
after the date of the enactment of this Act, the Secretary,
acting through the Administrator, shall submit to the appropriate congressional committees a report regarding covered
homeland security capabilities, including a proposal relating
to providing Federal assistance to covered urban areas to preserve such capabilities that is informed by the survey information collected pursuant to subsection (c)—
(A) under which the Administrator would make Federal
financial assistance available for at least three consecutive
fiscal years to covered urban areas; and
(B) that would allow covered urban areas to transition
to other sources funding for such covered homeland security
capabilities.
(2) REQUIREMENTS RELATING TO UASI FUNDS.—The proposal
required under paragraph (1) shall contain the following:
(A) A prohibition on a covered urban area that receives
Federal financial assistance described in paragraph (1)(A)
during a fiscal year from also receiving funds under the
UASI during such fiscal year.
(B) A requirement for a covered urban area to submit
to the Administrator notice of whether such covered urban
area would elect to receive—
(i) Federal financial assistance under paragraph
(1)(A); or
(ii) funding under the UASI.
(3) ANALYSIS.—The report required under paragraph (1)
shall include the following:
(A) An analysis of whether providing additional Federal
financial assistance, as described in paragraph (1)(A),
would allow covered urban areas to preserve covered homeland security capabilities on a long-term basis.
(B) An analysis of whether legislative changes to the
UASI are necessary to ensure urban areas receiving funds
under the UASI are able to preserve covered homeland
security capabilities on a long-term basis.

H. R. 7776—1227
(4) OTHER CONTENTS OF PROPOSAL.—The proposal required
under paragraph (1) shall—
(A) set forth eligibility criteria for covered urban areas
to receive Federal assistance described in paragraph (1)(A);
(B) identify annual funding levels that would be
required to provide such Federal assistance, in accordance
with the survey required under subsection (c); and
(C) consider a range of approaches to make such Federal assistance available to covered urban areas,
including—
(i) modifications to the UASI in a manner that
would not affect the availability of funding to urban
areas under the UASI;
(ii) the establishment of a competitive grant program;
(iii) the establishment of a formula grant program;
and
(iv) a timeline for the implementation of any such
approach and, if necessary, a legislative proposal to
authorize any such approach.
(c) SURVEY.—In developing the proposal required under subsection (b), the Administrator shall, to ascertain the scope of Federal
financial assistance required, survey the following:
(1) Urban areas that did not receive grant funding under
the UASI during the current fiscal year concerning covered
homeland security capabilities that are at risk of being reduced
or eliminated without additional Federal financial assistance.
(2) Urban areas that received grant funding under the
UASI during the current fiscal year, but did not receive such
funding during at least one fiscal year of the seven fiscal
years immediately preceding the current fiscal year.
(3) Any other urban areas the Secretary determines appropriate.
(d) EXEMPTION.—The Secretary may exempt the Administrator
from the requirements of subchapter I of chapter 35 of title 44,
United States Code (commonly referred to as the ‘‘Paperwork Reduction Act’’), for purposes of carrying out subsection (c) if the Secretary
determines that complying with such requirements would delay
the development of the proposal required under subsection (b).
(e) RULE OF CONSTRUCTION.—Nothing in this section may be
construed as directing or authorizing the Administrator to implement the proposal required under subsection (b).
SEC. 7103. SCHOOL AND DAYCARE PROTECTION.

(a) IN GENERAL.—Not later than 180 days after the date of
the enactment of this Act and annually thereafter, the Secretary
of Homeland Security shall submit to the Committee on Homeland
Security of the House of Representatives and the Committee on
Homeland Security and Governmental Affairs of the Senate a report
regarding the following:
(1) The Department of Homeland Security’s activities, policies, and plans to enhance the security of early childhood education programs, elementary schools, and secondary schools
during the preceding year that includes information on the
Department’s activities through the Federal School Safety
Clearinghouse.

H. R. 7776—1228
(2) Information on all structures or efforts within the
Department intended to bolster coordination among departmental components and offices involved in carrying out paragraph (1) and, with respect to each structure or effort, specificity
on which components and offices are involved and which component or office leads such structure or effort.
(3) A detailed description of the measures used to ensure
privacy rights, civil rights, and civil liberties protections in
carrying out these activities.
(b) BRIEFING.—Not later than 30 days after the submission
of each report required under subsection (a), the Secretary of Homeland Security shall provide to the Committee on Homeland Security
and Governmental Affairs of the Senate and the Committee on
Homeland Security of the House of Representatives a briefing
regarding such report and the status of efforts to carry out plans
included in such report for the preceding year.
(c) DEFINITIONS.—In this section, the terms ‘‘early childhood
education program’’, ‘‘elementary school’’, and ‘‘secondary school’’
have the meanings given such terms in section 8101 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).
SEC. 7104. CYBERSECURITY GRANTS FOR SCHOOLS.

(a) IN GENERAL.—Section 2220 of the Homeland Security Act
of 2002 (6 U.S.C. 665f) is amended by adding at the end the
following new subsection:
‘‘(e) GRANTS AND COOPERATIVE AGREEMENTS.—The Director
may award financial assistance in the form of grants or cooperative
agreements to States, local governments, institutions of higher education (as such term is defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)), nonprofit organizations, and
other non-Federal entities as determined appropriate by the
Director for the purpose of funding cybersecurity and infrastructure
security education and training programs and initiatives to—
‘‘(1) carry out the purposes of CETAP; and
‘‘(2) enhance CETAP to address the national shortfall of
cybersecurity professionals.’’.
(b) BRIEFINGS.—Paragraph (2) of subsection (c) of section 2220
of the Homeland Security Act of 2002 (6 U.S.C. 665f) is amended—
(1) by redesignating subparagraphs (C) and (D) as subparagraphs (D) and (E) respectively; and
(2) by inserting after subparagraph (B) the following new
subparagraph:
‘‘(C) information on any grants or cooperative agreements made pursuant to subsection (e), including how any
such grants or cooperative agreements are being used to
enhance cybersecurity education for underserved populations or communities;’’.
SEC. 7105. TRANSNATIONAL CRIMINAL INVESTIGATIVE UNIT STIPEND.

(a) SHORT TITLE.—This section may be cited as the
‘‘Transnational Criminal Investigative Unit Stipend Act’’.
(b) STIPENDS FOR TRANSNATIONAL CRIMINAL INVESTIGATIVE
UNITS.—
(1) IN GENERAL.—Subtitle H of title VIII of the Homeland
Security Act of 2002 (6 U.S.C. 451 et seq.) is amended by
adding at the end the following:

H. R. 7776—1229
‘‘SEC. 890C. TRANSNATIONAL CRIMINAL INVESTIGATIVE UNITS.

‘‘(a) IN GENERAL.—The Secretary, with the concurrence of the
Secretary of State, shall operate Transnational Criminal Investigative Units within Homeland Security Investigations.
‘‘(b) COMPOSITION.—Each Transnational Criminal Investigative
Unit shall be composed of trained foreign law enforcement officials
who shall collaborate with Homeland Security Investigations to
investigate and prosecute individuals involved in transnational
criminal activity.
‘‘(c) VETTING REQUIREMENT.—
‘‘(1) IN GENERAL.—Before entry into a Transnational
Criminal Investigative Unit, and at periodic intervals while
serving in such a unit, foreign law enforcement officials shall
be required to pass certain security evaluations, which may
include a background check, a polygraph examination, a urinalysis test, or other measures that the Secretary determines
to be appropriate.
‘‘(2) LEAHY VETTING REQUIRED.—No member of a foreign
law enforcement unit may join a Transnational Criminal Investigative Unit if the Secretary, in coordination with the Secretary
of State, has credible information that such foreign law enforcement unit has committed a gross violation of human rights,
consistent with the limitations set forth in section 620M of
the Foreign Assistance Act of 1961 (22 U.S.C. 2378d).
‘‘(3) APPROVAL AND CONCURRENCE.—The establishment and
continued support of the Transnational Criminal Investigative
Units who are assigned under paragraph (1)—
‘‘(A) shall be performed with the approval of the chief
of mission to the foreign country to which the personnel
are assigned;
‘‘(B) shall be consistent with the duties and powers
of the Secretary of State and the chief of mission for a
foreign country under section 103 of the Omnibus Diplomatic Security and Antiterrorism Act of 1986 (22 U.S.C.
4802) and section 207 of the Foreign Service Act of 1980
(22 U.S.C. 3927), respectively; and
‘‘(C) shall not be established without the concurrence
of the Assistant Secretary of State for International Narcotics and Law Enforcement Affairs.
‘‘(4) REPORT.—The Executive Associate Director of Homeland Security Investigations shall submit a report to the Committee on Foreign Relations of the Senate, the Committee on
Homeland Security and Governmental Affairs of the Senate,
the Committee on the Judiciary of the Senate, the Committee
on Foreign Affairs of the House of Representatives, the Committee on Homeland Security of the House of Representatives,
and the Committee on the Judiciary of the House of Representatives that describes—
‘‘(A) the procedures used for vetting Transnational
Criminal Investigative Unit members to include compliance
with the vetting required under this subsection; and
‘‘(B) any additional measures that should be implemented to prevent personnel in vetted units from being
compromised by criminal organizations.
‘‘(d) MONETARY STIPEND.—The Executive Associate Director of
Homeland Security Investigations is authorized to pay vetted members of a Transnational Criminal Investigative Unit a monetary

H. R. 7776—1230
stipend in an amount associated with their duties dedicated to
unit activities.
‘‘(e) ANNUAL BRIEFING.—The Executive Associate Director of
Homeland Security Investigations, during the 5-year period beginning on the date of the enactment of this section, shall provide
an annual unclassified briefing to the congressional committees
referred to in subsection (c)(4), which may include a classified
session, if necessary, that identifies—
‘‘(1) the number of vetted members of Transnational
Criminal Investigative Unit in each country;
‘‘(2) the amount paid in stipends to such members,
disaggregated by country;
‘‘(3) relevant enforcement statistics, such as arrests and
progress made on joint investigations, in each such country;
and
‘‘(4) whether any vetted members of the Transnational
Criminal Investigative Unit in each country were involved in
any unlawful activity, including human rights abuses or significant acts of corruption.’’.
(2) CLERICAL AMENDMENT.—The table of contents for the
Homeland Security Act of 2002 (Public Law 107–296) is
amended by inserting after the item relating to section 890B
the following:
‘‘Sec. 890C. Transnational Criminal Investigative Units.’’.
SEC. 7106. CHEMICAL SECURITY ANALYSIS CENTER.

(a) IN GENERAL.—Title III of the Homeland Security Act of
2002 (6 U.S.C. 181 et seq.) is amended by adding at the end
the following new section:
‘‘SEC. 323. CHEMICAL SECURITY ANALYSIS CENTER.

‘‘(a) IN GENERAL.—The Secretary, acting through the Under
Secretary for Science and Technology, shall designate the laboratory
described in subsection (b) as an additional laboratory pursuant
to the authority under section 308(c)(2), which shall be used to
conduct studies, analyses, and research to assess and address
domestic chemical security events.
‘‘(b) LABORATORY DESCRIBED.—The laboratory described in this
subsection is the laboratory known, as of the date of enactment
of this section, as the Chemical Security Analysis Center.
‘‘(c) LABORATORY ACTIVITIES.—Pursuant to the authority under
section 302(4), the Chemical Security Analysis Center shall—
‘‘(1) identify and develop approaches and mitigation strategies to domestic chemical security threats, including the
development of comprehensive, research-based definable goals
relating to such approaches and mitigation strategies;
‘‘(2) provide an enduring science-based chemical threat and
hazard analysis capability;
‘‘(3) provide expertise regarding risk and consequence modeling, chemical sensing and detection, analytical chemistry,
acute chemical toxicology, synthetic chemistry and reaction
characterization, and nontraditional chemical agents and
emerging chemical threats;
‘‘(4) staff and operate a technical assistance program that
provides operational support and subject matter expertise,
design and execute laboratory and field tests, and provide a
comprehensive knowledge repository of chemical threat

H. R. 7776—1231
information that is continuously updated with data from scientific, intelligence, operational, and private sector sources;
‘‘(5) consult, as appropriate, with the Countering Weapons
of Mass Destruction Office of the Department to mitigate, prepare, and respond to threats, hazards, and risks associated
with domestic chemical security events; and
‘‘(6) carry out such other activities authorized under this
section as the Secretary determines appropriate.
‘‘(d) SPECIAL RULE.—Nothing in this section amends, alters,
or affects—
‘‘(1) the responsibilities of the Countering Weapons of Mass
Destruction Office of the Department; or
‘‘(2) the activities or requirements authorized to other entities within the Federal Government, including the activities
and requirements of the Environmental Protection Agency
under section 112(r) of the Clean Air Act (42 U.S.C. 7412(r)),
the Toxic Substances Control Act (15 U.S.C. 2601 et seq.),
and the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (commonly referred to as ‘Superfund’; 42 U.S.C. 9601 et seq.).’’.
(b) TECHNICAL AND CONFORMING AMENDMENT.—The table of
contents in section 1(b) of the Homeland Security Act of 2002
is amended by inserting after the item relating to section 322
the following new item:
‘‘Sec. 323. Chemical Security Analysis Center.’’.

Subtitle B—Strengthening DHS Management, Policymaking, and Operations
SEC. 7111. JOINT TASK FORCES OF THE DEPARTMENT OF HOMELAND
SECURITY.

(a) SHORT TITLE.—This section may be cited as the ‘‘DHS
Joint Task Forces Reauthorization Act of 2022’’.
(b) DHS JOINT TASK FORCES.—Subsection (b) of section 708
of the Homeland Security Act of 2002 (6 U.S.C. 348) is amended—
(1) by amending paragraph (8) to read as follows:
‘‘(8) JOINT TASK FORCE STAFF.—
‘‘(A) IN GENERAL.—Each Joint Task Force shall have
a staff, composed of personnel from relevant components
and offices of the Department, to assist the Director of
such Joint Task Force in carrying out the mission and
responsibilities of such Joint Task Force.
‘‘(B) REPORT.—The Secretary shall include in the report
submitted under paragraph (6)(F)—
‘‘(i) the number of personnel of each component
or office permanently assigned to each Joint Task
Force; and
‘‘(ii) the number of personnel of each component
or office assigned on a temporary basis to each Joint
Task Force.’’;
(2) in paragraph (9)—
(A) in the heading, by striking ‘‘ESTABLISHMENT’’ and
inserting ‘‘MISSION; ESTABLISHMENT’’;
(B) by amending subparagraph (A) to read as follows:

H. R. 7776—1232
‘‘(A) using leading practices in performance management and lessons learned by other law enforcement task
forces and joint operations, establish—
‘‘(i) the mission, strategic goals, and objectives of
each Joint Task Force;
‘‘(ii) the criteria for terminating each Joint Task
Force; and
‘‘(iii) outcome-based and other appropriate
performance metrics for evaluating the effectiveness
of each Joint Task Force with respect to the mission,
strategic goals, and objectives established pursuant to
clause (i), including—
‘‘(I) targets for each Joint Task Force to
achieve by not later than one and three years
after such establishment; and
‘‘(II) a description of the methodology used
to establish such metrics;’’;
(C) in subparagraph (B)—
(iii) by striking ‘‘date of the enactment of this
section’’ and insert ‘‘date of the enactment of the DHS
Joint Task Forces Reauthorization Act of 2022’’;
(iv) by inserting ‘‘mission, strategic goals, objectives, and’’ before ‘‘metrics’’; and
(v) by striking the period at the end and inserting
‘‘; and’’; and
(D) by amending subparagraph (C) to read as follows:
‘‘(C) not later than one year after the date of the
enactment of the DHS Joint Task Forces Reauthorization
Act of 2022 and annually thereafter, submit to the committees specified in subparagraph (B) a report that contains
information on the progress in implementing the outcomebased and other appropriate performance metrics established pursuant to subparagraph (A)(iii).’’;
(3) in paragraph (11)—
(A) in the heading, by inserting ‘‘OR TERMINATION’’
after ‘‘FORMATION’’; and
(B) by amending subparagraph (A) to read as follows:
‘‘(A) IN GENERAL.—Not later than seven days after
establishing or terminating a Joint Task Force under this
subsection, the Secretary shall submit to the majority
leader of the Senate, the minority leader of the Senate,
the Speaker of the House of Representatives, the majority
leader of the House of Representatives, the minority leader
of the House of Representatives, and the Committee on
Homeland Security and the Committee on Transportation
and Infrastructure of the House of Representatives and
the Committee on Homeland Security and Governmental
Affairs and the Committee on Commerce, Science, and
Transportation of the Senate a notification regarding such
establishment or termination, as the case may be. The
contents of any such notification shall include the following:
‘‘(i) The criteria and conditions required to establish or terminate the Joint Task Force at issue.
‘‘(ii) The primary mission, strategic goals, objectives, and plan of operations of such Joint Task Force.
‘‘(iii) If such notification is a notification of termination, information on the effectiveness of such Joint

H. R. 7776—1233
Task Force as measured by the outcome-based performance metrics and other appropriate performance
metrics established pursuant to paragraph (9)(A)(iii).
‘‘(iv) The funding and resources required to establish or terminate such Joint Task Force.
‘‘(v) The number of personnel of each component
or office permanently assigned to such Joint Task
Force.
‘‘(vi) The number of personnel of each component
and office assigned on a temporary basis to such Joint
Task Force.
‘‘(vii) If such notification is a notification of
establishment, the anticipated costs of establishing and
operating such Joint Task Force.
‘‘(viii) If such notification is a notification of termination, funding allocated in the immediately preceding
fiscal year to such Joint Task Force for—
‘‘(I) operations, notwithstanding such termination; and
‘‘(II) activities associated with such termination.
‘‘(ix) The anticipated establishment or actual
termination date of such Joint Task Force, as the case
may be.’’;
(4) in paragraph (12)—
(A) in subparagraph (A)—
(i) by striking ‘‘January 31, 2018, and January
31, 2021, the Inspector General of the Department’’
and inserting ‘‘one year after the date of the enactment
of the DHS Joint Task Forces Reauthorization Act
of 2022, the Comptroller General of the United States’’;
and
(ii) by inserting ‘‘an assessment of the effectiveness
of the Secretary’s utilization of the authority provided
under this section for the purposes specified in subsection (b)(2) as among the range of options available
to the Secretary to conduct joint operations among
departmental components and offices and’’ before ‘‘a
review of the Joint Task Forces’’; and
(B) in subparagraph (B)—
(i) in the matter preceding clause (i), by striking
‘‘reviews’’ and inserting ‘‘review’’; and
(ii) by amending clauses (i) and (ii) to read as
follows:
‘‘(i) an assessment of methodology utilized to determine whether to establish or terminate each Joint
Task Force; and
‘‘(ii) an assessment of the effectiveness of oversight
over each Joint Task Force, with specificity regarding
the Secretary’s utilization of outcome-based or other
appropriate performance metrics (established pursuant
to paragraph (9)(A)(iii)) to evaluate the effectiveness
of each Joint Task Force in measuring progress with
respect to the mission, strategic goals, and objectives
(established pursuant to paragraph (9)(A)(i)) of such
Joint Task Force.’’; and

H. R. 7776—1234
(5) in paragraph (13), by striking ‘‘2022’’ and inserting
‘‘2024’’.
SEC. 7112. HOMELAND PROCUREMENT REFORM ACT.

(a) IN GENERAL.—Subtitle D of title VIII of the Homeland
Security Act of 2002 (6 U.S.C. 391 et seq.) is amended by adding
at the end the following new section:
‘‘SEC. 836. REQUIREMENTS TO BUY CERTAIN ITEMS RELATED TO
NATIONAL SECURITY INTERESTS.

‘‘(a) DEFINITIONS.—In this section:
‘‘(1) COVERED ITEM.—The term ‘covered item’ means any
of the following:
‘‘(A) Footwear provided as part of a uniform.
‘‘(B) Uniforms.
‘‘(C) Holsters and tactical pouches.
‘‘(D) Patches, insignia, and embellishments.
‘‘(E) Chemical, biological, radiological, and nuclear
protective gear.
‘‘(F) Body armor components intended to provide ballistic protection for an individual, consisting of 1 or more
of the following:
‘‘(i) Soft ballistic panels.
‘‘(ii) Hard ballistic plates.
‘‘(iii) Concealed armor carriers worn under a uniform.
‘‘(iv) External armor carriers worn over a uniform.
‘‘(G) Any other item of clothing or protective equipment
as determined appropriate by the Secretary.
‘‘(2) FRONTLINE OPERATIONAL COMPONENT.—The term
‘frontline operational component’ means any of the following
entities of the Department:
‘‘(A) U.S. Customs and Border Protection.
‘‘(B) U.S. Immigration and Customs Enforcement.
‘‘(C) The United States Secret Service.
‘‘(D) The Transportation Security Administration.
‘‘(E) The Federal Protective Service.
‘‘(F) The Federal Emergency Management Agency.
‘‘(G) The Federal Law Enforcement Training Centers.
‘‘(H) The Cybersecurity and Infrastructure Security
Agency.
‘‘(b) REQUIREMENTS.—
‘‘(1) IN GENERAL.—The Secretary shall ensure that any
procurement of a covered item for a frontline operational component meets the following criteria:
‘‘(A)(i) To the maximum extent possible, not less than
one-third of funds obligated in a specific fiscal year for
the procurement of such covered items shall be covered
items that are manufactured or supplied in the United
States by entities that qualify as small business concerns,
as such term is described under section 3 of the Small
Business Act (15 U.S.C. 632).
‘‘(ii) Covered items may only be supplied pursuant
to subparagraph (A) to the extent that United States entities that qualify as small business concerns—
‘‘(I) are unable to manufacture covered items in
the United States; and

H. R. 7776—1235
‘‘(II) meet the criteria identified in subparagraph
(B).
‘‘(B) Each contractor with respect to the procurement
of such a covered item, including the end-item manufacturer of such a covered item—
‘‘(i) is an entity registered with the System for
Award Management (or successor system) administered by the General Services Administration; and
‘‘(ii) is in compliance with ISO 9001:2015 of the
International Organization for Standardization (or successor standard) or a standard determined appropriate
by the Secretary to ensure the quality of products
and adherence to applicable statutory and regulatory
requirements.
‘‘(C) Each supplier of such a covered item with an
insignia (such as any patch, badge, or emblem) and each
supplier of such an insignia, if such covered item with
such insignia or such insignia, as the case may be, is
not produced, applied, or assembled in the United States,
shall—
‘‘(i) store such covered item with such insignia
or such insignia in a locked area;
‘‘(ii) report any pilferage or theft of such covered
item with such insignia or such insignia occurring at
any stage before delivery of such covered item with
such insignia or such insignia; and
‘‘(iii) destroy any such defective or unusable covered item with insignia or insignia in a manner established by the Secretary, and maintain records, for three
years after the creation of such records, of such destruction that include the date of such destruction, a description of the covered item with insignia or insignia
destroyed, the quantity of the covered item with
insignia or insignia destroyed, and the method of
destruction.
‘‘(2) WAIVER.—
‘‘(A) IN GENERAL.—In the case of a national emergency
declared by the President under the National Emergencies
Act (50 U.S.C. 1601 et seq.) or a major disaster declared
by the President under section 401 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C.
5170), the Secretary may waive a requirement in subparagraph (A), (B) or (C) of paragraph (1) if the Secretary
determines there is an insufficient supply of a covered
item that meets such requirement.
‘‘(B) NOTICE.—Not later than 60 days after the date
on which the Secretary determines a waiver under subparagraph (A) is necessary, the Secretary shall provide to the
Committee on Homeland Security and Governmental
Affairs and the Committee on Appropriations of the Senate
and the Committee on Homeland Security, the Committee
on Oversight and Reform, and the Committee on Appropriations of the House of Representatives notice of such determination, which shall include the following:
‘‘(i) Identification of the national emergency or
major disaster declared by the President.

H. R. 7776—1236
‘‘(ii) Identification of the covered item for which
the Secretary intends to issue the waiver.
‘‘(iii) A description of the demand for the covered
item and corresponding lack of supply from contractors
able to meet the criteria described in subparagraph
(B) or (C) of paragraph (1).
‘‘(c) PRICING.—The Secretary shall ensure that covered items
are purchased at a fair and reasonable price, consistent with the
procedures and guidelines specified in the Federal Acquisition Regulation.
‘‘(d) REPORT.—Not later than one year after the date of the
enactment of this section and annually thereafter, the Secretary
shall provide to the Committee on Homeland Security, the Committee on Oversight and Reform, the Committee on Small Business,
and the Committee on Appropriations of the House of Representatives, and the Committee on Homeland Security and Governmental
Affairs, the Committee on Small Business and Entrepreneurship,
and the Committee on Appropriations of the Senate a briefing
on instances in which vendors have failed to meet deadlines for
delivery of covered items and corrective actions taken by the Department in response to such instances.
‘‘(e) EFFECTIVE DATE.—This section applies with respect to a
contract entered into by the Department or any frontline operational
component on or after the date that is 180 days after the date
of the enactment of this section.’’.
(b) STUDY.—
(1) IN GENERAL.—Not later than 18 months after the date
of the enactment of this Act, the Secretary of Homeland Security shall submit to the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on
Homeland Security of the House of Representatives a study
of the adequacy of uniform allowances provided to employees
of frontline operational components (as such term is defined
in section 836 of the Homeland Security Act of 2002, as added
by subsection (a)).
(2) REQUIREMENTS.—The study conducted under paragraph
(1) shall—
(A) be informed by a Department-wide survey of
employees from across the Department of Homeland Security who receive uniform allowances that seeks to ascertain
what, if any, improvements could be made to the current
uniform allowances and what, if any, impacts current allowances have had on employee morale and retention;
(B) assess the adequacy of the most recent increase
made to the uniform allowance for first year employees;
and
(C) consider increasing by 50 percent, at minimum,
the annual allowance for all other employees.
(c) ADDITIONAL REPORT.—
(1) IN GENERAL.—Not later than 180 days after the date
of the enactment of this Act, the Secretary of Homeland Security shall provide a report with recommendations on how the
Department of Homeland Security could procure additional
items from domestic sources and bolster the domestic supply
chain for items related to national security to—
(A) the Committee on Homeland Security and Governmental Affairs, the Committee on Small Business and

H. R. 7776—1237
Entrepreneurship, and the Committee on Appropriations
of the Senate; and
(B) the Committee on Homeland Security, the Committee on Oversight and Reform, the Committee on Small
Business, and the Committee on Appropriations of the
House of Representatives.
(2) CONTENTS.—The report required under paragraph (1)
shall include the following:
(A) A review of the compliance of the Department
of Homeland Security with the requirements under section
604 of title VI of division A of the American Recovery
and Reinvestment Act of 2009 (6 U.S.C. 453b) to buy certain items related to national security interests from
sources in the United States.
(B) An assessment of the capacity of the Department
of Homeland Security to procure the following items from
domestic sources:
(i) Personal protective equipment and other items
necessary to respond to a pandemic such as that caused
by COVID–19.
(ii) Helmets that provide ballistic protection and
other head protection and components.
(iii) Rain gear, cold weather gear, and other
environmental and flame resistant clothing.
(d) CLERICAL AMENDMENT.—The table of contents in section
1(b) of the Homeland Security Act of 2002 (Public Law 107–296;
116 Stat. 2135) is amended by inserting after the item relating
to section 835 the following:
‘‘Sec. 836. Requirements to buy certain items related to national security interests.’’.
SEC. 7113. DAILY PUBLIC REPORT OF COVERED CONTRACT AWARDS.

(a) DAILY CONTRACT REPORTING REQUIREMENTS.—
(1) REPORT.—
(A) IN GENERAL.—The Secretary shall post, maintain,
and update in accordance with paragraph (2), on a publicly
available website of the Department, a daily report of all
covered contract awards.
(B) CONTENTS.—Each report under this paragraph
shall include, for each covered contract award, information
relating to the following:
(i) The contract number, modification number, or
delivery order number.
(ii) The contract type.
(iii) The amount obligated for the award.
(iv) The total contract value for the award,
including all options.
(v) The description of the purpose for the award.
(vi) The number of proposals or bids received.
(vii) The name and address of the vendor, and
whether the vendor is a small business.
(viii) The period and primary place of performance
for the award.
(ix) Whether the award is multiyear.
(x) The contracting office.

H. R. 7776—1238
(2) UPDATE.—The Secretary shall make updates referred
to in paragraph (1) not later than five business days after
the date on which a covered contract is authorized or modified.
(3) EFFECTIVE DATE.—Paragraph (1) shall take effect on
the date that is 180 days after the date of the enactment
of this Act.
(b) UNDEFINITIZED CONTRACT ACTION OR DEFINITIZED
AMOUNT.—If a covered contract award reported under subsection
(a) includes an undefinitized contract action, the Secretary shall—
(1) report the estimated total contract value for the award
and the amount obligated upon award; and
(2) once there is a definitized amount for the award, update
the total contract value and amount obligated.
(c) EXEMPTION.—Each report required under subsection (a) shall
not include covered contract awards for which synopsis was
exempted under section 5.202(a)(1) of the Federal Acquisition Regulation, or any successor thereto.
(d) DEFINITIONS.—In this section:
(1) COVERED CONTRACT AWARD.—The term ‘‘covered contract award’’—
(A) means a contract action of the Department with
a total contract value of not less than $4,000,000, including
unexercised options; and
(B) includes—
(i) contract awards governed by the Federal
Acquisition Regulation;
(ii) modifications to a contract award that increase
the total value, expand the scope of work, or extend
the period of performance;
(iii) orders placed on a multiple-award or multipleagency contract that includes delivery or quantity
terms that are indefinite;
(iv) other transaction authority agreements; and
(v) contract awards made with other than full and
open competition.
(2) DEFINITIZED AMOUNT.—The term ‘‘definitized amount’’
means the final amount of a covered contract award after
agreement between the Department and the contractor at issue.
(3) DEPARTMENT.—The term ‘‘Department’’ means the
Department of Homeland Security.
(4) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of Homeland Security.
(5) SMALL BUSINESS.—The term ‘‘small business’’ means
an entity that qualifies as a small business concern, as defined
under section 3 of the Small Business Act (15 U.S.C. 632).
(6) TOTAL CONTRACT VALUE.—The term ‘‘total contract
value’’ means the total amount of funds expected to be provided
to the contractor at issue under the terms of the contract
through the full period of performance.
(7)
UNDEFINITIZED
CONTRACT
ACTION.—The
term
‘‘undefinitized contract action’’ means any contract action for
which the contract terms, specifications, or price is not established prior to the start of the performance of the covered
contract award.
(e) SUNSET.—This section shall cease to have force or effect
on the date that is five years after the date of the enactment
of this Act.

H. R. 7776—1239
SEC. 7114. PREFERENCE FOR UNITED STATES INDUSTRY.

Section 308 of the Homeland Security Act of 2002 (6 U.S.C.
188) is amended by adding at the end the following new subsection:
‘‘(d) PREFERENCE FOR UNITED STATES INDUSTRY.—
‘‘(1) DEFINITIONS.—In this subsection:
‘‘(A) COUNTRY OF CONCERN.—The term ‘country of concern’ means a country that—
‘‘(i) is a covered nation, as such term is defined
in section 4872(d) of title 10, United States Code; or
‘‘(ii) the Secretary determines is engaged in conduct that is detrimental to the national security of
the United States.
‘‘(B) NONPROFIT ORGANIZATION; SMALL BUSINESS FIRM;
SUBJECT INVENTION.—The terms ‘nonprofit organization’,
‘small business firm’, and ‘subject invention’ have the
meanings given such terms in section 201 of title 35, United
States Code.
‘‘(C) MANUFACTURED SUBSTANTIALLY IN THE UNITED
STATES.—The term ‘manufactured substantially in the
United States’ means an item is a domestic end product.
‘‘(D) DOMESTIC END PRODUCT.—The term ‘domestic end
product’ has the meaning given such term in section 25.003
of title 48, Code of Federal Regulations, or any successor
thereto.
‘‘(3) WAIVERS.—
‘‘(A) IN GENERAL.—Subject to subparagraph (B), in individual cases, the requirements under section 204 of title
35, United States Code, may be waived by the Secretary
upon a showing by the small business firm, nonprofit
organization, or assignee that reasonable but unsuccessful
efforts have been made to grant licenses on similar terms
to potential licensees that would be likely to manufacture
substantially in the United States or that under the circumstances domestic manufacture is not commercially feasible.
‘‘(B) CONDITIONS ON WAIVERS GRANTED BY DEPARTMENT.—
‘‘(i) BEFORE GRANT OF WAIVER.—Before granting
a waiver under subparagraph (A), the Secretary shall
comply with the procedures developed and implemented by the Department pursuant to section
70923(b)(2) of the Build America, Buy America Act
(enacted as subtitle A of title IX of division G of Public
Law 117–58).
‘‘(ii)
PROHIBITION
ON
GRANTING
CERTAIN
WAIVERS.—The Secretary may not grant a waiver under
subparagraph (A) if, as a result of such waiver, products embodying the applicable subject invention, or
produced through the use of the applicable subject
invention, would be manufactured substantially in a
country of concern.’’.
´ GE
´
SEC. 7115. DEPARTMENT OF HOMELAND SECURITY MENTOR-PROTE
PROGRAM.

(a) IN GENERAL.—Subtitle H of title VIII of the Homeland
Security Act of 2002 (6 U.S.C. 451 et seq.), as amended by subtitle

H. R. 7776—1240
A, is further amended by adding at the end the following new
section:
´ GE
´ PROGRAM.
‘‘SEC. 890D. MENTOR-PROTE

‘‘(a) ESTABLISHMENT.—There is established in the Department
a mentor-prote´ge´ program (in this section referred to as the ‘Program’) under which a mentor firm enters into an agreement with
a prote´ge´ firm for the purpose of assisting the prote´ge´ firm to
compete for prime contracts and subcontracts of the Department.
‘‘(b) ELIGIBILITY.—The Secretary shall establish criteria for
mentor firms and prote´ge´ firms to be eligible to participate in
the Program, including a requirement that a firm is not included
on any list maintained by the Federal Government of contractors
that have been suspended or debarred.
‘‘(c) PROGRAM APPLICATION AND APPROVAL.—
‘‘(1) APPLICATION.—The Secretary, acting through the Office
of Small and Disadvantaged Business Utilization of the Department, shall establish a process for submission of an application
jointly by a mentor firm and the prote´ge´ firm selected by
the mentor firm. The application shall include each of the
following:
‘‘(A) A description of the assistance to be provided
by the mentor firm, including, to the extent available,
the number and a brief description of each anticipated
subcontract to be awarded to the prote´ge´ firm.
‘‘(B) A schedule with milestones for achieving the
assistance to be provided over the period of participation
in the Program.
‘‘(C) An estimate of the costs to be incurred by the
mentor firm for providing assistance under the Program.
‘‘(D) Attestations that Program participants will submit
to the Secretary reports at times specified by the Secretary
to assist the Secretary in evaluating the prote´ge´ firm’s
developmental progress.
‘‘(E) Attestations that Program participants will inform
the Secretary in the event of a change in eligibility or
voluntary withdrawal from the Program.
‘‘(2) APPROVAL.—Not later than 60 days after receipt of
an application pursuant to paragraph (1), the head of the
Office of Small and Disadvantaged Business Utilization shall
notify applicants of approval or, in the case of disapproval,
the process for resubmitting an application for reconsideration.
‘‘(3) RESCISSION.—The head of the Office of Small and
Disadvantaged Business Utilization may rescind the approval
of an application under this subsection if it determines that
such action is in the best interest of the Department.
‘‘(d) PROGRAM DURATION.—A mentor firm and prote´ge´ firm
approved under subsection (c) shall enter into an agreement to
participate in the Program for a period of not less than 36 months.
‘‘(e) PROGRAM BENEFITS.—A mentor firm and prote´ge´ firm that
enter into an agreement under subsection (d) may receive the
following Program benefits:
‘‘(1) With respect to an award of a contract that requires
a subcontracting plan, a mentor firm may receive evaluation
credit for participating in the Program.
‘‘(2) With respect to an award of a contract that requires
a subcontracting plan, a mentor firm may receive credit for

H. R. 7776—1241
a prote´ge´ firm performing as a first tier subcontractor or a
subcontractor at any tier in an amount equal to the total
dollar value of any subcontracts awarded to such prote´ge´ firm.
‘‘(3) A prote´ge´ firm may receive technical, managerial,
financial, or any other mutually agreed upon benefit from a
mentor firm, including a subcontract award.
‘‘(f) REPORTING.—Not later than one year after the date of
the enactment of this section and annually thereafter, the head
of the Office of Small and Disadvantaged Business Utilization shall
submit to the Committee on Homeland Security and Governmental
Affairs and the Committee on Small Business and Entrepreneurship
of the Senate and the Committee on Homeland Security and the
Committee on Small Business of the House of Representatives
a report that—
‘‘(1) identifies each agreement between a mentor firm and
a prote´ge´ firm entered into under this section, including the
number of prote´ge´ firm participants that are—
‘‘(A) small business concerns;
‘‘(B) small business concerns owned and controlled by
veterans;
‘‘(C) small business concerns owned and controlled by
service-disabled veterans;
‘‘(D) qualified HUBZone small business concerns;
‘‘(E) small business concerns owned and controlled by
socially and economically disadvantaged individuals;
‘‘(F) small business concerns owned and controlled by
women;
‘‘(G) historically Black colleges and universities; and
‘‘(H) minority-serving institutions;
‘‘(2) describes the type of assistance provided by mentor
firms to prote´ge´ firms;
‘‘(3) identifies contracts within the Department in which
a mentor firm serving as the prime contractor provided subcontracts to a prote´ge´ firm under the Program; and
‘‘(4) assesses the degree to which there has been—
‘‘(A) an increase in the technical capabilities of prote´ge´
firms; and
‘‘(B) an increase in the quantity and estimated value
of prime contract and subcontract awards to prote´ge´ firms
for the period covered by the report.
‘‘(g) RULE OF CONSTRUCTION.—Nothing in this section may
be construed to limit, diminish, impair, or otherwise affect the
authority of the Department to participate in any program carried
out by or requiring approval of the Small Business Administration
or adopt or follow any regulation or policy that the Administrator
of the Small Business Administration may promulgate, except that,
to the extent that any provision of this section (including subsection
(h)) conflicts with any other provision of law, regulation, or policy,
this section shall control.
‘‘(h) DEFINITIONS.—In this section:
‘‘(1) HISTORICALLY BLACK COLLEGE OR UNIVERSITY.—The
term ‘historically Black college or university’ has the meaning
given the term ‘part B institution’ in section 322 of the Higher
Education Act of 1965 (20 U.S.C. 1061).
‘‘(2) MENTOR FIRM.—The term ‘mentor firm’ means a forprofit business concern that is not a small business concern
that—

H. R. 7776—1242
‘‘(A) has the ability to assist and commits to assisting
a prote´ge´ to compete for Federal prime contracts and subcontracts; and
‘‘(B) satisfies any other requirements imposed by the
Secretary.
‘‘(3) MINORITY-SERVING INSTITUTION.—The term ‘minorityserving institution’ means an institution of higher education
described in section 317 of the Higher Education Act of 1965
(20 U.S.C. 1067q(a)).
‘‘(4) PROTE´ GE´ FIRM.—The term ‘prote´ge´ firm’ means a small
business concern, a historically Black college or university,
or a minority-serving institution that—
‘‘(A) is eligible to enter into a prime contract or subcontract with the Department; and
‘‘(B) satisfies any other requirements imposed by the
Secretary.
‘‘(5) SMALL BUSINESS ACT DEFINITIONS.—The terms ‘small
business concern’, ‘small business concern owned and controlled
by veterans’, ‘small business concern owned and controlled by
service-disabled veterans’, ‘qualified HUBZone small business
concern’, ‘and small business concern owned and controlled
by women’ have the meanings given such terms, respectively,
under section 3 of the Small Business Act (15 U.S.C. 632).
The term ‘small business concern owned and controlled by
socially and economically disadvantaged individuals’ has the
meaning given such term in section 8(d)(3)(C) of the Small
Business Act (15 U.S.C. 637(d)(3)(C)).’’.
(b) CLERICAL AMENDMENT.—The table of contents in section
1(b) of the Homeland Security Act of 2002 is amended by inserting
after the item relating to section 890C (as added by subtitle A)
the following new item:
‘‘Sec. 890D. Mentor-prote´ge´ program.’’.
SEC. 7116. DHS ECONOMIC SECURITY COUNCIL.

(a) ESTABLISHMENT OF THE COUNCIL.—
(1) DEFINITIONS.—In this subsection:
(A) COUNCIL.—The term ‘‘Council’’ means the council
established under paragraph (2).
(B) DEPARTMENT.—The term ‘‘Department’’ means the
Department of Homeland Security.
(C) ECONOMIC SECURITY.—The term ‘‘economic security’’ has the meaning given such term in section 890B(c)(2)
of the Homeland Security Act of 2002 (6 U.S.C. 474(c)(2)).
(D) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of Homeland Security.
(2) ESTABLISHMENT.—In accordance with the mission of
the Department under section 101(b) of the Homeland Security
Act of 2002 (6 U.S.C. 111(b)), and in particular paragraph
(1)(F) of such section, the Secretary shall establish a standing
council of Department component heads or their designees,
to carry out the duties described in paragraph (3).
(3) DUTIES OF THE COUNCIL.—Pursuant to the scope of
the mission of the Department as described in paragraph (2),
the Council shall provide to the Secretary advice and recommendations on matters of economic security, including
relating to the following:

H. R. 7776—1243
(A) Identifying concentrated risks for trade and economic security.
(B) Setting priorities for securing the trade and economic security of the United States.
(C) Coordinating Department-wide activity on trade
and economic security matters.
(D) With respect to the development of the continuity
of the economy plan of the President under section 9603
of the William M. (Mac) Thornberry National Defense
Authorization Act of Fiscal Year 2021 (6 U.S.C. 322).
(E) Proposing statutory and regulatory changes
impacting trade and economic security.
(F) Any other matters the Secretary considers appropriate.
(4) CHAIR AND VICE CHAIR.—The Under Secretary for
Strategy, Policy, and Plans of the Department—
(A) shall serve as Chair of the Council; and
(B) may designate a Council member as a Vice Chair.
(5) MEETINGS.—The Council shall meet not less frequently
than quarterly, as well as—
(A) at the call of the Chair; or
(B) at the direction of the Secretary.
(6) BRIEFINGS.—Not later than 180 days after the date
of the enactment of this Act and every 180 days thereafter
for four years, the Council shall brief the Committee on Homeland Security and Governmental Affairs of the Senate, the
Committee on Homeland Security of the House of Representatives, the Committee on Finance of the Senate, the Committee
on Ways and Means of the House of Representatives, the Committee on Commerce, Science, and Transportation of the Senate,
and Committee on Energy and Commerce of the House of
Representatives on the actions and activities of the Council.
(b) ASSISTANT SECRETARY.—Section 709 of the Homeland Security Act of 2002 (6 U.S.C. 349) is amended—
(1) by redesignating subsection (g) as subsection (h); and
(2) by inserting after subsection (f) the following new subsection:
‘‘(g) ASSISTANT SECRETARY.—
‘‘(1) IN GENERAL.—There is established within the Office
of Strategy, Policy, and Plans an Assistant Secretary, who
shall assist the Secretary in carrying out the duties under
paragraph (2) and the responsibilities under paragraph (3).
Notwithstanding section 103(a)(1), the Assistant Secretary
established under this paragraph shall be appointed by the
President without the advice and consent of the Senate.
‘‘(2) DUTIES.—At the direction of the Secretary, the Assistant Secretary established under paragraph (1) shall be responsible for policy formulation regarding matters relating to economic security and trade, as such matters relate to the mission
and the operations of the Department.
‘‘(3) ADDITIONAL RESPONSIBILITIES.—In addition to the
duties specified in paragraph (2), the Assistant Secretary established under paragraph (1), at the direction of the Secretary,
may—
‘‘(A) oversee—
‘‘(i) coordination of supply chain policy; and

H. R. 7776—1244
‘‘(ii) assessments and reports to Congress related
to critical economic security domains;
‘‘(B) coordinate with stakeholders in other Federal
departments and agencies and nongovernmental entities
with trade and economic security interests, authorities,
and responsibilities; and
‘‘(C) perform such additional duties as the Secretary
or the Under Secretary of Strategy, Policy, and Plans may
prescribe.
‘‘(4) DEFINITIONS.—In this subsection:
‘‘(A) CRITICAL ECONOMIC SECURITY DOMAIN.—The term
‘critical economic security domain’ means any infrastructure, industry, technology, or intellectual property (or combination thereof) that is essential for the economic security
of the United States.
‘‘(B) ECONOMIC SECURITY.—The term ‘economic security’ has the meaning given such term in section
890B(c)(2).’’.
(c) RULE OF CONSTRUCTION.—Nothing in this section or the
amendments made by this section may be construed to affect or
diminish the authority otherwise granted to any other officer of
the Department of Homeland Security.

Subtitle C—Enhancing Cybersecurity
Training and Operations
SEC. 7121. PRESIDENT’S CUP CYBERSECURITY COMPETITION.

(a) IN GENERAL.—The Director of the Cybersecurity and Infrastructure Security Agency (in this section referred to as the
‘‘Director’’) of the Department of Homeland Security is authorized
to hold an annual cybersecurity competition to be known as the
‘‘Department of Homeland Security Cybersecurity and Infrastructure Security Agency’s President’s Cup Cybersecurity Competition’’
(in this section referred to as the ‘‘competition’’) for the purpose
of identifying, challenging, and competitively awarding prizes,
including cash prizes, to the United States Government’s best cybersecurity practitioners and teams across offensive and defensive
cybersecurity disciplines.
(b) ELIGIBILITY.—To be eligible to participate in the competition,
an individual shall be a Federal civilian employee or member of
the uniformed services (as such term is defined in section 2101(3)
of title 5, United States Code) and shall comply with any rules
promulgated by the Director regarding the competition.
(c) COMPETITION ADMINISTRATION.—The Director may enter into
a grant, contract, cooperative agreement, or other agreement with
a private sector for-profit or nonprofit entity or State or local
government agency to administer the competition.
(d) COMPETITION PARAMETERS.—Each competition shall incorporate the following elements:
(1) Cybersecurity skills outlined in the National Initiative
for Cybersecurity Education Framework, or any successor
framework.
(2) Individual and team events.
(3) Categories demonstrating offensive and defensive cyber
operations, such as software reverse engineering and exploitation, network operations, forensics, big data analysis, cyber

H. R. 7776—1245
analysis, cyber defense, cyber exploitation, secure programming,
obfuscated coding, or cyber-physical systems.
(4) Any other elements related to paragraphs (1), (2), or
(3), as determined necessary by the Director.
(e) USE OF FUNDS.—
(1) IN GENERAL.—In order to further the goals and objectives of the competition, the Director may use amounts made
available to the Director for the competition for reasonable
expenses for the following:
(A) Advertising, marketing, and promoting the competition.
(B) Meals for participants and organizers of the competition if attendance at the meal during the competition
is necessary to maintain the integrity of the competition.
(C) Promotional items, including merchandise and
apparel.
(D) Consistent with section 4503 of title 5, United
States Code, necessary expenses for the honorary recognition of competition participants, including members of the
uniformed services.
(E) Monetary and nonmonetary awards for competition
participants, including members of the uniformed services,
subject to subsection (f).
(2) APPLICATION.—This subsection shall apply to amounts
appropriated on or after the date of the enactment of this
Act.
(f) PRIZE LIMITATION.—
(1) AWARDS BY THE DIRECTOR.—The Director may make
one or more awards per competition, except that the amount
or value of each shall not exceed $10,000.
(2) AWARDS BY THE SECRETARY OF HOMELAND SECURITY.—
The Secretary of Homeland Security may make one or more
awards per competition, except the amount or the value of
each shall not exceed $25,000.
(3) REGULAR PAY.—A monetary award under this section
shall be in addition to the regular pay of the recipient.
(4) OVERALL YEARLY AWARD LIMIT.—The total amount or
value of awards made under this Act during a fiscal year
may not exceed $100,000.
(g) REPORTING REQUIREMENTS.—The Director shall annually
provide to the Committee on Homeland Security of the House
of Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate a report that includes the
following with respect to each competition conducted in the preceding year:
(1) A description of available amounts.
(2) A description of authorized expenditures.
(3) Information relating to participation.
(4) Information relating to lessons learned, and how such
lessons may be applied to improve cybersecurity operations
and recruitment of the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security.

H. R. 7776—1246
SEC.

7122.

INDUSTRIAL
TRAINING.

CONTROL

SYSTEMS

CYBERSECURITY

(a) IN GENERAL.—Subtitle A of title XXII of the Homeland
Security Act of 2002 (6 U.S.C. 651 et seq.) is amended by adding
at the end the following new section:
‘‘SEC.

2220E.

INDUSTRIAL CONTROL
TRAINING INITIATIVE.

SYSTEMS

CYBERSECURITY

‘‘(a) ESTABLISHMENT.—
‘‘(1) IN GENERAL.—The Industrial Control Systems Cybersecurity Training Initiative (in this section referred to as the
‘Initiative’) is established within the Agency.
‘‘(2) PURPOSE.—The purpose of the Initiative is to develop
and strengthen the skills of the cybersecurity workforce related
to securing industrial control systems.
‘‘(b) REQUIREMENTS.—In carrying out the Initiative, the Director
shall—
‘‘(1) ensure the Initiative includes—
‘‘(A) virtual and in-person trainings and courses provided at no cost to participants;
‘‘(B) trainings and courses available at different skill
levels, including introductory level courses;
‘‘(C) trainings and courses that cover cyber defense
strategies for industrial control systems, including an
understanding of the unique cyber threats facing industrial
control systems and the mitigation of security
vulnerabilities in industrial control systems technology; and
‘‘(D) appropriate consideration regarding the availability of trainings and courses in different regions of the
United States; and
‘‘(2) engage in—
‘‘(A) collaboration with the National Laboratories of
the Department of Energy in accordance with section 309;
‘‘(B) consultation with Sector Risk Management Agencies;
‘‘(C) as appropriate, consultation with private sector
entities with relevant expertise, such as vendors of industrial control systems technologies; and
‘‘(3) consult, to the maximum extent practicable, with
commercial training providers and academia to minimize the
potential for duplication of other training opportunities.
‘‘(c) REPORTS.—
‘‘(1) IN GENERAL.—Not later than one year after the date
of the enactment of this section and annually thereafter, the
Director shall submit to the Committee on Homeland Security
of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report
on the Initiative.
‘‘(2) CONTENTS.—Each report submitted under paragraph
(1) shall include the following:
‘‘(A) A description of the courses provided under the
Initiative.
‘‘(B) A description of outreach efforts to raise awareness
of the availability of such courses.
‘‘(C) The number of participants in each course.

H. R. 7776—1247
‘‘(D) Voluntarily provided information on the demographics of participants in such courses, including by sex,
race, and place of residence.
‘‘(E) Information on the participation in such courses
of workers from each critical infrastructure sector.
‘‘(F) Plans for expanding access to industrial control
systems education and training, including expanding access
to women and underrepresented populations, and
expanding access to different regions of the United States.
‘‘(G) Recommendations regarding how to strengthen
the state of industrial control systems cybersecurity education and training.’’.
(b) CLERICAL AMENDMENT.—The table of contents in section
1(b) of the Homeland Security Act of 2002 is amended by inserting
after the item relating to section 2220D the following new item:
‘‘Sec. 2220E. Industrial Control Systems Cybersecurity Training Initiative.’’.
SEC. 7123. NATIONAL COMPUTER FORENSICS INSTITUTE REAUTHORIZATION.

Section 822 of the Homeland Security Act of 2002 (6 U.S.C.
383) is amended—
(1) in subsection (a)—
(A) in the subsection heading, by striking ‘‘IN GENERAL’’
and inserting ‘‘IN GENERAL; MISSION’’;
(B) by striking ‘‘2017 through 2022’’ and inserting
‘‘2023 through 2028’’; and
(C) by striking the second sentence and inserting ‘‘The
Institute’s mission shall be to educate, train, and equip
State, local, territorial, and Tribal law enforcement officers,
prosecutors, and judges, as well as participants in the
United States Secret Service’s network of cyber fraud task
forces who are Federal employees, members of the uniformed services, or State, local, Tribal, or territorial
employees, regarding the investigation and prevention of
cybersecurity incidents, electronic crimes, and related
cybersecurity threats, including through the dissemination
of homeland security information, in accordance with relevant Federal law regarding privacy, civil rights, and civil
liberties protections.’’;
(2) by amending subsection (b) to read as follows:
‘‘(b) CURRICULUM.—In furtherance of subsection (a), all education and training of the Institute shall be conducted in accordance
with relevant Federal law regarding privacy, civil rights, and civil
liberties protections. Education and training provided pursuant to
subsection (a) shall relate to the following:
‘‘(1) Investigating and preventing cybersecurity incidents,
electronic crimes, and related cybersecurity threats, including
relating to instances involving illicit use of digital assets and
emerging trends in cybersecurity and electronic crime.
‘‘(2) Conducting forensic examinations of computers, mobile
devices, and other information systems.
‘‘(3) Prosecutorial and judicial considerations related to
cybersecurity incidents, electronic crimes, related cybersecurity
threats, and forensic examinations of computers, mobile devices,
and other information systems.
‘‘(4) Methods to obtain, process, store, and admit digital
evidence in court.’’.

H. R. 7776—1248
(3) in subsection (c)—
(A) by striking ‘‘cyber and electronic crime and related
threats is shared with State, local, tribal, and territorial
law enforcement officers and prosecutors’’ and inserting
‘‘cybersecurity incidents, electronic crimes, and related
cybersecurity threats is shared with recipients of education
and training provided pursuant to subsection (a)’’; and
(B) by adding at the end the following new sentence:
‘‘When selecting participants for such training, the Institute
shall prioritize, to the extent reasonable and practicable,
providing education and training to individuals from geographically-diverse jurisdictions throughout the United
States, and the Institute shall prioritize, to the extent
reasonable and practicable, State, local, tribal, and territorial law enforcement officers, prosecutors, judges, and
other employees.’’;
(4) in subsection (d)—
(A) by striking ‘‘State, local, tribal, and territorial law
enforcement officers’’ and inserting ‘‘recipients of education
and training provided pursuant to subsection (a)’’; and
(B) by striking ‘‘necessary to conduct cyber and electronic crime and related threat investigations and computer
and mobile device forensic examinations’’ and inserting
‘‘for investigating and preventing cybersecurity incidents,
electronic crimes, and related cybersecurity threats, and
for forensic examinations of computers, mobile devices, and
other information systems’’;
(5) in subsection (e)—
(A) by amending the heading to read as follows: ‘‘CYBER
FRAUD TASK FORCES’’;
(B) by striking ‘‘Electronic Crime’’ and inserting ‘‘Cyber
Fraud’’;
(C) by striking ‘‘State, local, tribal, and territorial law
enforcement officers’’ and inserting ‘‘recipients of education
and training provided pursuant to subsection (a)’’; and
(D) by striking ‘‘at’’ and inserting ‘‘by’’; and
(6) by inserting after subsection (f) the following new subsections:
‘‘(g) EXPENSES.—The Director of the United States Secret
Service may pay for all or a part of the education, training, or
equipment provided by the Institute, including relating to the travel,
transportation, and subsistence expenses of recipients of education
and training provided pursuant to subsection (a).
‘‘(h) ANNUAL REPORTS TO CONGRESS.—
‘‘(1) IN GENERAL.—The Secretary shall include in the
annual report required under section 1116 of title 31, United
States Code, information regarding the activities of the
Institute, including, where possible, the following:
‘‘(A) An identification of jurisdictions with recipients
of the education and training provided pursuant to subsection (a) during such year.
‘‘(B) Information relating to the costs associated with
that education and training.
‘‘(C) Any information regarding projected future
demand for the education and training provided pursuant
to subsection (a).

H. R. 7776—1249
‘‘(D) Impacts of the activities of the Institute on the
capability of jurisdictions to investigate and prevent cybersecurity incidents, electronic crimes, and related cybersecurity threats.
‘‘(E) A description of the nomination process for potential recipients of the information and training provided
pursuant to subsection (a).
‘‘(F) Any other issues determined relevant by the Secretary.
‘‘(2) EXCEPTION.—Any information required under paragraph (1) that is submitted as part of the annual budget submitted by the President to Congress under section 1105 of
title 31, United States Code, is not required to be included
in the report required under paragraph (1).
‘‘(i) DEFINITIONS.—In this section:
‘‘(1) CYBERSECURITY THREAT.—The term ‘cybersecurity
threat’ has the meaning given such term in section 102 of
the Cybersecurity Act of 2015 (enacted as division N of the
Consolidated Appropriations Act, 2016 (Public Law 114–113;
6 U.S.C. 1501)).
‘‘(2) INCIDENT.—The term ‘incident’ has the meaning given
such term in section 2209(a).
‘‘(3) INFORMATION SYSTEM.—The term ‘information system’
has the meaning given such term in section 102 of the Cybersecurity Act of 2015 (enacted as division N of the Consolidated
Appropriations Act, 2016 (Public Law 114–113; 6 U.S.C.
1501(9))).’’.
SEC. 7124. REPORT ON CYBERSECURITY ROLES AND RESPONSIBILITIES OF THE DEPARTMENT OF HOMELAND SECURITY.

(a) IN GENERAL.—Not later than one year after the date of
the enactment of this Act, the Secretary of Homeland Security,
in coordination with the Director of the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security,
shall submit to the Committee on Homeland Security of the House
of Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate a report on the roles and
responsibilities of the Department and its components relating to
cyber incident response.
(b) CONTENTS.—The report required under subsection (a) shall
include the following:
(1) A review of how the cyber incident response plans
under section 2210(c) of the Homeland Security Act of 2002
(6 U.S.C. 660(c)) are utilized in the Federal Government’s
response to a cyber incident.
(2) An explanation of the roles and responsibilities of the
Department of Homeland Security and its components with
responsibility for, or in support of, the Federal Government’s
response to a cyber incident, including primary responsibility
for working with impacted private sector entities.
(3) An explanation of which and how authorities of the
Department and its components are utilized in the Federal
Government’s response to a cyber incident.
(4) Recommendations to provide further clarity for roles
and responsibilities of the Department and its components
relating to cyber incident response.

H. R. 7776—1250

Subtitle D—Enhancing Transportation and
Border Security Operations
SEC. 7131. TSA REACHING ACROSS NATIONALITIES, SOCIETIES, AND
LANGUAGES TO ADVANCE TRAVELER EDUCATION.

(a) IN GENERAL.—Not later than 180 days after the date of
the enactment of this Act, the Administrator of the Transportation
Security Administration (TSA) shall submit to the Committee on
Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate
a plan to ensure that TSA material disseminated in major airports
can be better understood by more people accessing such airports.
(b) CONTENTS.—The plan required under subsection (a) shall
include the following:
(1) An identification of the most common languages other
than English that are the primary languages of individuals
that travel through or work in each major airport.
(2) A plan to improve—
(A) TSA materials to communicate information in languages identified pursuant to paragraph (1); and
(B) the communication of TSA material to individuals
with vision or hearing impairments or other possible barriers to understanding such material.
(c) CONSIDERATIONS.—In developing the plan required under
subsection (a), the Administrator of the TSA, acting through the
Office of Civil Rights and Liberties, Ombudsman, and Traveler
Engagement of the TSA, shall take into consideration data
regarding the following:
(1) International enplanements.
(2) Local populations surrounding major airports.
(3) Languages spoken by members of Indian Tribes within
each service area population in which a major airport is located.
(d) IMPLEMENTATION.—Not later than 180 days after the
submission of the plan required under subsection (a), the Administrator of the TSA, in consultation with the owner or operator
of each major airport, shall implement such plan.
(e) GAO REVIEW.—Not later than one year after the
implementation pursuant to subsection (d) of the plan required
under subsection (a), the Comptroller General of the United States
shall submit to the Committee on Homeland Security of the House
of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a review of such implementation.
(f) DEFINITIONS.—In this section:
(1) AIRPORT.—The term ‘‘airport’’ has the meaning given
such term in section 40102 of title 49, United States Code.
(2) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ has the
meaning given the term ‘‘Indian tribe’’ in section 102 of the
Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C.
5130), individually identified (including parenthetically) in the
list published most recently as of the date of the enactment
of this Act pursuant to section 104 of that Act (25 U.S.C.
5131).
(3) MAJOR AIRPORTS.—The term ‘‘major airports’’ means
Category X and Category I airports.

H. R. 7776—1251
(4) NON-TRAVELING INDIVIDUAL.—The term ‘‘non-traveling
individual’’ has the meaning given such term in section 1560.3
of title 49, Code of Federal Regulations.
(5) TSA MATERIAL.—The term ‘‘TSA material’’ means signs,
videos, audio messages, websites, press releases, social media
postings, and other communications published and disseminated by the Administrator of the TSA in Category X and
Category I airports for use by both traveling and non-traveling
individuals.
SEC. 7132. ONE-STOP PILOT PROGRAM.

(a) DEFINITIONS.—In this section:
(1) ADMINISTRATOR.—The term ‘‘Administrator’’ means the
Administrator of the Transportation Security Administration.
(2) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term
‘‘appropriate congressional committees’’ means—
(A) the Committee on Homeland Security and Committee on Foreign Affairs of the House of Representatives;
and
(B) the Committee on Homeland Security and Governmental Affairs, the Committee on Commerce, Science, and
Transportation, and the Committee on Foreign Relations
of the Senate.
(3) TSA.—The term ‘‘TSA’’ means the Transportation Security Administration of the Department of Homeland Security.
(b) IMPLEMENTATION.—Notwithstanding 44901(a) of title 49,
United States Code, the Administrator, in coordination with the
Commissioner of U.S. Customs and Border Protection and the Secretary of State, may implement a pilot program at not more than
six foreign last point of departure airports to permit passengers
and their accessible property arriving on direct flights or flight
segments originating at such participating foreign airports to continue on additional flights or flight segments originating in the
United States without additional security re-screening if—
(1) the initial screening was conducted in accordance with
an aviation security screening agreement described in subsection (e);
(2) passengers arriving from participating foreign airports
are unable to access their checked baggage until the arrival
at their final destination; and
(3) upon arrival in the United States, passengers arriving
from participating foreign airports do not come into contact
with other arriving international passengers, those passengers’
property, or other persons who have not been screened or
subjected to other appropriate security controls required for
entry into the airport’s sterile area.
(c) REQUIREMENTS FOR PILOT PROGRAM.—In carrying out this
section, the Administrator shall ensure that there is no reduction
in the level of security or specific TSA aviation security standards
or requirements for screening passengers and their property prior
to boarding an international flight bound for the United States,
including specific aviation security standards and requirements
regarding the following:
(1) High risk passengers and their property.
(2) Weapons, explosives, and incendiaries.
(3) Screening passengers and property transferring at a
foreign last point of departure airport from another airport

H. R. 7776—1252
and bound for the United States, and addressing any commingling of such passengers and property with passengers and
property screened under the pilot program described in subsection (b).
(4) Insider risk at foreign last point of departure airports.
(d) RE-SCREENING OF CHECKED BAGGAGE.—Subject to subsection (f), the Administrator may determine whether checked baggage arriving from participating foreign airports referenced in subsection (b) that screen using an explosives detection system must
be re-screened in the United States by an explosives detection
system before such baggage continues on any additional flight or
flight segment.
(e) AVIATION SECURITY SCREENING AGREEMENT.—
(1) IN GENERAL.—An aviation security screening agreement
described in this subsection is a treaty, executive agreement,
or non-binding instrument entered into with a foreign country
that delineates and implements security standards and protocols utilized at a foreign last point of departure airport that
are determined by the Administrator—
(A) to be comparable to those of the United States;
and
(B) sufficiently effective to enable passengers and their
accessible property to deplane into sterile areas of airports
in the United States without the need for re-screening.
(2) NON-DELEGATION.—The authority to approve an aviation security screening agreement may not be delegated below
the level of the Secretary of State, the Secretary of Homeland
Security, or the Administrator.
(f) RE-SCREENING REQUIREMENT.—
(1) IN GENERAL.—If the Administrator determines that a
foreign country participating in the aviation security screening
agreement has not maintained and implemented security standards and protocols comparable to those of the United States
at foreign last point of departure airports at which a pilot
program has been established in accordance with this section,
the Administrator shall ensure that passengers and their property arriving from such airports are re-screened in the United
States, including by using explosives detection systems in
accordance with section 44901(d)(1) of title 49, United States
Code, and implementing regulations and directives, before such
passengers and their property are permitted into sterile areas
of airports in the United States.
(2) CONSULTATION.—If the Administrator has reasonable
grounds to believe the other party to an aviation security
screening agreement has not complied with such agreement,
the Administrator shall request immediate consultation with
such party.
(3) SUSPENSION OR TERMINATION OF AGREEMENT.—If a
satisfactory resolution between TSA and a foreign country is
not reached within 45 days after a consultation request under
paragraph (2) or in the case of the foreign country’s continued
or egregious failure to maintain the security standards and
protocols described in paragraph (1), the President, or with
the concurrence of the Secretary of State, the Secretary of
Homeland Security or the Administrator, as appropriate, shall
suspend or terminate the aviation security screening agreement
with such country, as determined appropriate by the President,

H. R. 7776—1253
the Secretary of Homeland Security, or the Administrator. The
Administrator shall notify the appropriate congressional
committees of such consultation and suspension or termination,
as the case may be, not later than seven days after such
consultation and suspension or termination.
(g) BRIEFINGS TO CONGRESS.—Not later than 45 days before
an aviation security screening agreement described in subsection
(e) enters into force, the Administrator, in coordination with the
Secretary of State, shall submit to the appropriate congressional
committees the following:
(1) An aviation security threat assessment for the country
in which such foreign last point of departure airport is located.
(2) Information regarding any corresponding mitigation
efforts to address any security issues identified in such threat
assessment, including any plans for joint covert testing.
(3) Information on potential security vulnerabilities associated with commencing a pilot program at such foreign last
point of departure airport pursuant to subsection (b) and mitigation plans to address such potential security vulnerabilities.
(4) An assessment of the impacts such pilot program will
have on aviation security.
(5) An assessment of the screening performed at such foreign last point of departure airport, including the feasibility
of TSA personnel monitoring screening, security protocols, and
standards.
(6) Information regarding identifying the entity or entities
responsible for screening passengers and property at such foreign last point of departure airport.
(7) The name of the entity or local authority and any
contractor or subcontractor.
(8) Information regarding the screening requirements
relating to such aviation security screening agreement.
(9) Details regarding information sharing mechanisms
between the TSA and such foreign last point of departure
airport, screening authority, or entity responsible for screening
provided for under such aviation security screening agreement.
(10) A copy of the aviation security screening agreement,
which shall identify the foreign last point of departure airport
or airports at which a pilot program under this section is
to be established.
(h) CERTIFICATIONS RELATING TO THE PILOT PROGRAM FOR ONESTOP SECURITY.—For each aviation security screening agreement
described in subsection (e), the Administrator, in coordination with
the Secretary of State, shall submit to the appropriate congressional
committees the following:
(1)(A) A certification that such agreement satisfies all of
the requirements specified in subsection (c); or
(B) in the event that one or more of such requirements
are not so satisfied, a description of the unsatisfied requirement
and information on what actions the Administrator will take
to ensure that such remaining requirements are satisfied before
such agreement enters into force.
(2) A certification that TSA and U.S. Customs and Border
Protection have ensured that any necessary physical modifications or appropriate mitigations exist in the domestic one-

H. R. 7776—1254
stop security pilot program airport prior to receiving international passengers from a last point of departure airport under
the aviation security screening agreement.
(3) A certification that a foreign last point of departure
airport covered by an aviation security screening agreement
has an operation to screen all checked bags as required by
law, regulation, or international agreement, including the full
utilization of explosives detection systems to the extent
applicable.
(4) A certification that the Administrator consulted with
stakeholders, including air carriers, aviation nonprofit labor
organizations, airport operators, relevant interagency partners,
and other stakeholders that the Administrator determines
appropriate.
(i) REPORT TO CONGRESS.—Not later than five years after the
date of the enactment of this Act, the Secretary of Homeland
Security, in coordination with the Administrator, shall submit to
the appropriate congressional committees a report regarding the
implementation of the pilot program authorized under this section,
including information relating to the following:
(1) The impact of such program on homeland security and
international aviation security, including any benefits and challenges of such program.
(2) The impact of such program on passengers, airports,
and air carriers, including any benefits and challenges of such
program.
(3) The impact and feasibility of continuing such program
or expanding it into a more permanent program, including
any benefits and challenges of such continuation or expansion.
(j) RULE OF CONSTRUCTION.—Nothing in this section may be
construed as limiting the authority of U.S. Customs and Border
Protection to inspect persons and baggage arriving in the United
States in accordance with applicable law.
(k) SUNSET.—The pilot program authorized under this section
shall terminate on the date that is six years after the date of
the enactment of this Act.
SEC. 7133. REPORT ON EFFORTS OF THE DEPARTMENT OF HOMELAND
SECURITY TO DETER VEHICULAR TERRORIST ATTACKS
(DARREN DRAKE).

(a) IN GENERAL.—Not later than one year after the date of
the enactment of this Act, the Secretary of Homeland Security
shall submit to Congress a report on the efforts of the Department
of Homeland Security to deter vehicular terrorist attacks, including
engagement with the private sector and other stakeholders. Such
report shall include assessment of the following:
(1) The impact of such engagement on efforts to protect
the United States against terrorist attacks.
(2) A description of the Department’s engagement with
privacy, civil rights, and civil liberties stakeholders.
(3) Ways to improve engagement among the following:
(A) The Department.
(B) Federal, State, local, and Tribal law enforcement
agencies.
(C) Other relevant stakeholders.

H. R. 7776—1255
(b) FORMAT.—The report required under subsection (a) may
be submitted in a classified or protected format, as determined
appropriate by the Secretary of Homeland Security.
SEC. 7134. DHS ILLICIT CROSS-BORDER TUNNEL DEFENSE.

(a) COUNTER ILLICIT CROSS-BORDER TUNNEL OPERATIONS STRAPLAN.—
(1) IN GENERAL.—Not later than 180 days after the date
of the enactment of this Act, the Commissioner of U.S. Customs
and Border Protection, in coordination with the Under Secretary for Science and Technology, and, as appropriate, other
officials of the Department of Homeland Security, shall develop
a counter illicit cross-border tunnel operations strategic plan
(in this section referred to as the ‘‘strategic plan’’) to address
the following:
(A) Risk-based criteria to be used to prioritize the
identification, breach, assessment, and remediation of illicit
cross-border tunnels.
(B) Promote the use of innovative technologies to identify, breach, assess, and remediate illicit cross-border tunnels in a manner that, among other considerations, reduces
the impact of such activities on surrounding communities.
(C) Processes to share relevant illicit cross-border
tunnel location, operations, and technical information.
(D) Indicators of specific types of illicit cross-border
tunnels found in each U.S. Border Patrol sector identified
through operations to be periodically disseminated to U.S.
Border Patrol sector chiefs to educate field personnel.
(E) A counter illicit cross-border tunnel operations
resource needs assessment that includes consideration of
the following:
(i) Technology needs.
(ii) Staffing needs, including the following:
(I) A position description for counter illicit
cross-border tunnel operations personnel.
(II) Any specialized skills required of such personnel.
(III) The number of such full time personnel,
disaggregated by U.S. Border Patrol sector.
(2) REPORT TO CONGRESS ON STRATEGIC PLAN.—Not later
than one year after the development of the strategic plan,
the Commissioner of U.S. Customs and Border Protection shall
submit to the Committee on Homeland Security of the House
of Representatives and the Committee on Homeland Security
and Governmental Affairs of the Senate a report on the
implementation of the strategic plan.
(b) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to the Commissioner of U.S. Customs and Border
Protection $1,000,000 for each of fiscal years 2023 and 2024 to
carry out—
(1) the development of the strategic plan; and
(2) remediation operations of illicit cross-border tunnels
in accordance with the strategic plan to the maximum extent
practicable.

TEGIC

H. R. 7776—1256
SEC. 7135. PROVIDING TRAINING FOR U.S. CUSTOMS AND BORDER
PROTECTION PERSONNEL ON THE USE OF CONTAINMENT
DEVICES TO PREVENT SECONDARY EXPOSURE TO
FENTANYL AND OTHER POTENTIALLY LETHAL SUBSTANCES.

(a) TRAINING.—Paragraph (1) of section 416(b) of the Homeland
Security Act of 2002 (6 U.S.C. 216(b)) is amended by adding at
the end the following new subparagraph:
‘‘(C) How to use containment devices to prevent potential synthetic opioid exposure.’’.
(b) AVAILABILITY OF CONTAINMENT DEVICES.—Section 416(c)
of the Homeland Security Act of 2002 (6 U.S.C. 216(c)) is amended—
(1) in the subsection heading, by inserting ‘‘, CONTAINMENT
DEVICES,’’ after ‘‘EQUIPMENT’’; and
(2) by striking ‘‘and opioid receptor antagonists, including
naloxone’’ and inserting ‘‘, opioid receptor antagonists, including
naloxone, and containment devices’’.
(c) APPLICABILITY TO OTHER COMPONENTS.—If the Secretary
of Homeland Secretary determines that officers, agents, other personnel, or canines of a component of the Department of Homeland
Security other than U.S. Customs and Border Protection are at
risk of potential synthetic opioid exposure in the course of their
duties, the head of such component shall carry out the responsibilities under section 416 of the Homeland Security Act of 2002
(6 U.S.C. 216) in the same manner and to the same degree as
the Commissioner of U.S. Customs and Border Protection carries
out such responsibilities.
SEC. 7136. REPORTS, EVALUATIONS, AND RESEARCH REGARDING
DRUG INTERDICTION AT AND BETWEEN PORTS OF ENTRY.

(a) RESEARCH ON ADDITIONAL TECHNOLOGIES TO DETECT
FENTANYL.—Not later than one year after the date of the enactment
of this Act, the Secretary of Homeland Security, in consultation
with the Attorney General, the Secretary of Health and Human
Services, and the Director of the Office of National Drug Control
Policy, shall research additional technological solutions to—
(1) target and detect illicit fentanyl, fentanyl analogs, and
precursor chemicals, including low-purity fentanyl, especially
in counterfeit pressed tablets, and illicit pill press molds; and
(2) enhance detection of such counterfeit pressed tablets
through nonintrusive, noninvasive, and other advanced
screening technologies.
(b) EVALUATION OF CURRENT TECHNOLOGIES AND STRATEGIES
IN ILLICIT DRUG INTERDICTION AND PROCUREMENT DECISIONS.—
(1) IN GENERAL.—The Secretary of Homeland Security, in
consultation with the Attorney General, the Secretary of Health
and Human Services, and the Director of the Office of National
Drug Control Policy, shall establish a program to collect available data and develop metrics to measure how technologies
and strategies used by the Department of Homeland Security,
U.S. Customs and Border Protection, U.S. Immigration and
Customs Enforcement, and other relevant Federal agencies
have helped detect trafficked illicit fentanyl, fentanyl analogs,
and precursor chemicals or deter illicit fentanyl, fentanyl
analogs, and precursor chemicals from being trafficked into
the United States at and between land, air, and sea ports
of entry.

H. R. 7776—1257
(2) CONSIDERATIONS.—The data and metrics program established pursuant to paragraph (1) may consider—
(A) the rate of detection of illicit fentanyl, fentanyl
analogs, and precursor chemicals at land, air, and sea
ports of entry;
(B) investigations and intelligence sharing into the origins of illicit fentanyl, fentanyl analogs, and precursor
chemicals within the United States; and
(C) other data or metrics considered appropriate by
the Secretary of Homeland Security.
(3) UPDATES.—The Secretary of Homeland Security, as
appropriate and in the coordination with the officials referred
to in paragraph (1), may update the data and metrics program
established pursuant to paragraph (1).
(4) REPORTS.—
(A) SECRETARY OF HOMELAND SECURITY.—Not later
than one year after the date of the enactment of this
Act and biennially thereafter, the Secretary of Homeland
Security, in consultation with the Attorney General, the
Secretary of Health and Human Services, and the Director
of the Office of National Drug Control Policy shall, based
on the data collected and metrics developed pursuant to
the program established pursuant to paragraph (1), submit
to the Committee on Homeland Security, the Committee
on Energy and Commerce, the Committee on Science,
Space, and Technology, and the Committee on the Judiciary
of the House of Representatives and the Committee on
Homeland Security and Governmental Affairs, the Committee on Commerce, Science, and Transportation, and the
Committee on the Judiciary of the Senate a report that—
(i) examines and analyzes current technologies,
including pilot technologies, deployed at land, air, and
sea ports of entry to assess how well such technologies
detect, deter, and address illicit fentanyl, fentanyl
analogs, and precursor chemicals; and
(ii) examines and analyzes current technologies,
including pilot technologies, deployed between land
ports of entry to assess how well and accurately such
technologies detect, deter, interdict, and address illicit
fentanyl, fentanyl analogs, and precursor chemicals;
(B) GOVERNMENT ACCOUNTABILITY OFFICE.—Not later
than one year after the submission of each of the first
three reports required under subparagraph (A), the Comptroller General of the United States shall submit to the
Committee on Homeland Security, the Committee on
Energy and Commerce, the Committee on Science, Space,
and Technology, and the Committee on the Judiciary of
the House of Representatives and the Committee on Homeland Security and Governmental Affairs, the Committee
on Commerce, Science, and Transportation, and the Committee on the Judiciary of the Senate a report that evaluates and, as appropriate, makes recommendations to
improve, the collection of data under the program established pursuant to paragraph (1) and metrics used in the
subsequent reports required under such subparagraph.

H. R. 7776—1258

Subtitle E—Technical Corrections,
Conforming Changes, and Improvements
SEC. 7141. QUADRENNIAL HOMELAND SECURITY REVIEW TECHNICAL
CORRECTIONS.

(a) IN GENERAL.—Section 707 of the Homeland Security Act
of 2002 (6 U.S.C. 347) is amended—
(1) in subsection (a)(3)—
(A) in subparagraph (B), by striking ‘‘and’’ after the
semicolon at the end;
(B) by redesignating subparagraph (C) as subparagraph (D); and
(C) by inserting after subparagraph (B) the following
new subparagraph:
‘‘(C) representatives from appropriate advisory committees established pursuant to section 871, including the
Homeland Security Advisory Council and the Homeland
Security Science and Technology Advisory Committee, or
otherwise established, including the Aviation Security
Advisory Committee established pursuant to section 44946
of title 49, United States Code; and’’;
(2) in subsection (b)—
(A) in paragraph (2), by inserting before the semicolon
at the end the following: ‘‘based on the risk assessment
required pursuant to subsection (c)(2)(B)’’;
(B) in paragraph (3)—
(i) by inserting ‘‘, to the extent practicable,’’ after
‘‘describe’’; and
(ii) by striking ‘‘budget plan’’ and inserting
‘‘resources required’’;
(C) in paragraph (4)—
(i) by inserting ‘‘, to the extent practicable,’’ after
‘‘identify’’;
(ii) by striking ‘‘budget plan required to provide
sufficient resources to successfully’’ and inserting
‘‘resources required to’’; and
(iii) by striking the semicolon at the end and
inserting the following: ‘‘, including any resources
identified from redundant, wasteful, or unnecessary
capabilities or capacities that may be redirected to
better support other existing capabilities or capacities,
as the case may be; and’’;
(D) in paragraph (5), by striking ‘‘; and’’ and inserting
a period; and
(E) by striking paragraph (6);
(3) in subsection (c)—
(A) in paragraph (1), by striking ‘‘December 31 of the
year’’ and inserting ‘‘60 days after the date of the submission of the President’s budget for the fiscal year after
the fiscal year’’;
(B) in paragraph (2)—
(i) in subparagraph (B), by striking ‘‘description
of the threats to’’ and inserting ‘‘risk assessment of’’;
(ii) in subparagraph (C), by inserting ‘‘, as required
under subsection (b)(2)’’ before the semicolon at the
end;

H. R. 7776—1259
(iii) in subparagraph (D)—
(I) by inserting ‘‘to the extent practicable,’’
before ‘‘a description’’; and
(II) by striking ‘‘budget plan’’ and inserting
‘‘resources required’’;
(iv) in subparagraph (F)—
(I) by inserting ‘‘to the extent practicable,’’
before ‘‘a discussion’’; and
(II) by striking ‘‘the status of’’;
(v) in subparagraph (G)—
(I) by inserting ‘‘to the extent practicable,’’
before ‘‘a discussion’’;
(II) by striking ‘‘the status of’’;
(III) by inserting ‘‘and risks’’ before ‘‘to
national homeland’’; and
(IV) by inserting ‘‘and’’ after the semicolon
at the end;
(vi) by striking subparagraph (H); and
(vii) by redesignating subparagraph (I) as subparagraph (H);
(C) by redesignating paragraph (3) as paragraph (4);
and
(D) by inserting after paragraph (2) the following new
paragraph:
‘‘(3) DOCUMENTATION.—The Secretary shall retain and,
upon request, provide to Congress the following documentation
regarding each quadrennial homeland security review:
‘‘(A) Records regarding the consultation carried out
pursuant to subsection (a)(3), including the following:
‘‘(i) All written communications, including communications sent out by the Secretary and feedback submitted to the Secretary through technology, online
communications tools, in-person discussions, and the
interagency process.
‘‘(ii) Information on how feedback received by the
Secretary informed each such quadrennial homeland
security review.
‘‘(B) Information regarding the risk assessment
required pursuant to subsection (c)(2)(B), including the following:
‘‘(i) The risk model utilized to generate such risk
assessment.
‘‘(ii) Information, including data used in the risk
model, utilized to generate such risk assessment.
‘‘(iii) Sources of information, including other risk
assessments, utilized to generate such risk assessment.
‘‘(iv) Information on assumptions, weighing factors,
and subjective judgments utilized to generate such risk
assessment, together with information on the rationale
or basis thereof.’’;
(4) by redesignating subsection (d) as subsection (e); and
(5) by inserting after subsection (c) the following new subsection:
‘‘(d) REVIEW.—Not later than 90 days after the submission
of each report required under subsection (c)(1), the Secretary shall
provide to the Committee on Homeland Security of the House
of Representatives and the Committee on Homeland Security and

H. R. 7776—1260
Governmental Affairs of the Senate information on the degree to
which the findings and recommendations developed in the quadrennial homeland security review that is the subject of such report
were integrated into the acquisition strategy and expenditure plans
for the Department.’’.
(b) EFFECTIVE DATE.—The amendments made by this Act shall
apply with respect to a quadrennial homeland security review conducted after December 31, 2021.
SEC. 7142. TECHNICAL, CONFORMING, AND CLERICAL AMENDMENTS.

The table of contents in section 1(b) of the Homeland Security
Act of 2002 is amended by—
(1) amending the items relating to sections 435 and 436
to read as follows:
‘‘Sec. 435. Maritime operations coordination plan.
‘‘Sec. 436. Maritime security capabilities assessments.’’;

(2) amending the item relating to section 1617 to read
as follows:
‘‘Sec. 1617. Diversified security technology industry marketplace.’’;

(3) amending the item relating to section 1621 to read
as follows:
‘‘Sec. 1621. Maintenance validation and oversight.’’; and

(4) amending the item relating to section 2103 to read
as follows:
‘‘Sec. 2103. Protection and sharing of information.’’.
SEC. 7143. CISA TECHNICAL CORRECTIONS AND IMPROVEMENTS.

(a) TECHNICAL AMENDMENT RELATING TO DOTGOV ACT OF
2020.—
(1) AMENDMENT.—Section 904(b)(1) of the DOTGOV Act
of 2020 (title IX of division U of Public Law 116–260) is
amended, in the matter preceding subparagraph (A), by striking
‘‘Homeland Security Act’’ and inserting ‘‘Homeland Security
Act of 2002’’.
(2) EFFECTIVE DATE.—The amendment made by paragraph
(1) shall take effect as if enacted as part of the DOTGOV
Act of 2020 (title IX of division U of Public Law 116–260).
(b) CONSOLIDATION OF DEFINITIONS.—
(1) IN GENERAL.—Title XXII of the Homeland Security Act
of 2002 (6 U.S.C. 651 et seq.) is amended by inserting before
the subtitle A heading the following:
‘‘SEC. 2200. DEFINITIONS.

‘‘Except as otherwise specifically provided, in this title:
‘‘(1) AGENCY.—The term ‘Agency’ means the Cybersecurity
and Infrastructure Security Agency.
‘‘(2) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term
‘appropriate congressional committees’ means—
‘‘(A) the Committee on Homeland Security and Governmental Affairs of the Senate; and
‘‘(B) the Committee on Homeland Security of the House
of Representatives.
‘‘(3) CLOUD SERVICE PROVIDER.—The term ‘cloud service
provider’ means an entity offering products or services related
to cloud computing, as defined by the National Institute of
Standards and Technology in NIST Special Publication 800–

H. R. 7776—1261
145 and any amendatory or superseding document relating
thereto.
‘‘(4) CRITICAL INFRASTRUCTURE INFORMATION.—The term
‘critical infrastructure information’ means information not customarily in the public domain and related to the security of
critical infrastructure or protected systems—
‘‘(A) actual, potential, or threatened interference with,
attack on, compromise of, or incapacitation of critical infrastructure or protected systems by either physical or computer-based attack or other similar conduct (including the
misuse of or unauthorized access to all types of communications and data transmission systems) that violates Federal,
State, or local law, harms interstate commerce of the
United States, or threatens public health or safety;
‘‘(B) the ability of any critical infrastructure or protected system to resist such interference, compromise, or
incapacitation, including any planned or past assessment,
projection, or estimate of the vulnerability of critical infrastructure or a protected system, including security testing,
risk evaluation thereto, risk management planning, or risk
audit; or
‘‘(C) any planned or past operational problem or solution regarding critical infrastructure or protected systems,
including repair, recovery, reconstruction, insurance, or
continuity, to the extent it is related to such interference,
compromise, or incapacitation.
‘‘(5) CYBER THREAT INDICATOR.—The term ‘cyber threat
indicator’ means information that is necessary to describe or
identify—
‘‘(A) malicious reconnaissance, including anomalous
patterns of communications that appear to be transmitted
for the purpose of gathering technical information related
to a cybersecurity threat or security vulnerability;
‘‘(B) a method of defeating a security control or exploitation of a security vulnerability;
‘‘(C) a security vulnerability, including anomalous
activity that appears to indicate the existence of a security
vulnerability;
‘‘(D) a method of causing a user with legitimate access
to an information system or information that is stored
on, processed by, or transiting an information system to
unwittingly enable the defeat of a security control or exploitation of a security vulnerability;
‘‘(E) malicious cyber command and control;
‘‘(F) the actual or potential harm caused by an incident,
including a description of the information exfiltrated as
a result of a particular cybersecurity threat;
‘‘(G) any other attribute of a cybersecurity threat, if
disclosure of such attribute is not otherwise prohibited
by law; or
‘‘(H) any combination thereof.
‘‘(6) CYBERSECURITY PURPOSE.—The term ‘cybersecurity
purpose’ means the purpose of protecting an information system
or information that is stored on, processed by, or transiting
an information system from a cybersecurity threat or security
vulnerability.
‘‘(7) CYBERSECURITY RISK.—The term ‘cybersecurity risk’—

H. R. 7776—1262
‘‘(A) means threats to and vulnerabilities of information
or information systems and any related consequences
caused by or resulting from unauthorized access, use,
disclosure, degradation, disruption, modification, or
destruction of such information or information systems,
including such related consequences caused by an act of
terrorism; and
‘‘(B) does not include any action that solely involves
a violation of a consumer term of service or a consumer
licensing agreement.
‘‘(8) CYBERSECURITY THREAT.—
‘‘(A) IN GENERAL.—Except as provided in subparagraph
(B), the term ‘cybersecurity threat’ means an action, not
protected by the First Amendment to the Constitution of
the United States, on or through an information system
that may result in an unauthorized effort to adversely
impact the security, availability, confidentiality, or integrity
of an information system or information that is stored
on, processed by, or transiting an information system.
‘‘(B) EXCLUSION.—The term ‘cybersecurity threat’ does
not include any action that solely involves a violation of
a consumer term of service or a consumer licensing agreement.
‘‘(9) DEFENSIVE MEASURE.—
‘‘(A) IN GENERAL.—Except as provided in subparagraph
(B), the term ‘defensive measure’ means an action, device,
procedure, signature, technique, or other measure applied
to an information system or information that is stored
on, processed by, or transiting an information system that
detects, prevents, or mitigates a known or suspected cybersecurity threat or security vulnerability.
‘‘(B) EXCLUSION.—The term ‘defensive measure’ does
not include a measure that destroys, renders unusable,
provides unauthorized access to, or substantially harms
an information system or information stored on, processed
by, or transiting such information system not owned by—
‘‘(i) the private entity, as defined in section 102
of the Cybersecurity Information Sharing Act of 2015
(6 U.S.C. 1501), operating the measure; or
‘‘(ii) another entity or Federal entity that is authorized to provide consent and has provided consent to
that private entity for operation of such measure.
‘‘(10) DIRECTOR.—The term ‘Director’ means the Director
of the Cybersecurity and Infrastructure Security Agency.
‘‘(11) HOMELAND SECURITY ENTERPRISE.—The term ‘Homeland Security Enterprise’ means relevant governmental and
nongovernmental entities involved in homeland security,
including Federal, State, local, and Tribal government officials,
private sector representatives, academics, and other policy
experts.
‘‘(12) INCIDENT.—The term ‘incident’ means an occurrence
that actually or imminently jeopardizes, without lawful
authority, the integrity, confidentiality, or availability of
information on an information system, or actually or
imminently jeopardizes, without lawful authority, an information system.

H. R. 7776—1263
‘‘(13) INFORMATION SHARING AND ANALYSIS ORGANIZATION.—
The term ‘Information Sharing and Analysis Organization’
means any formal or informal entity or collaboration created
or employed by public or private sector organizations, for purposes of—
‘‘(A) gathering and analyzing critical infrastructure
information, including information related to cybersecurity
risks and incidents, in order to better understand security
problems and interdependencies related to critical infrastructure, including cybersecurity risks and incidents, and
protected systems, so as to ensure the availability, integrity, and reliability thereof;
‘‘(B) communicating or disclosing critical infrastructure
information, including cybersecurity risks and incidents,
to help prevent, detect, mitigate, or recover from the effects
of an interference, a compromise, or an incapacitation
problem related to critical infrastructure, including cybersecurity risks and incidents, or protected systems; and
‘‘(C) voluntarily disseminating critical infrastructure
information, including cybersecurity risks and incidents,
to its members, State, local, and Federal Governments,
or any other entities that may be of assistance in carrying
out the purposes specified in subparagraphs (A) and (B).
‘‘(14) INFORMATION SYSTEM.—The term ‘information
system’—
‘‘(A) has the meaning given the term in section 3502
of title 44, United States Code; and
‘‘(B) includes industrial control systems, such as supervisory control and data acquisition systems, distributed
control systems, and programmable logic controllers.
‘‘(15) INTELLIGENCE COMMUNITY.—The term ‘intelligence
community’ has the meaning given the term in section 3(4)
of the National Security Act of 1947 (50 U.S.C. 3003(4)).
‘‘(16) MALICIOUS CYBER COMMAND AND CONTROL.—The term
‘malicious cyber command and control’ means a method for
unauthorized remote identification of, access to, or use of, an
information system or information that is stored on, processed
by, or transiting an information system.
‘‘(17) MALICIOUS RECONNAISSANCE.—The term ‘malicious
reconnaissance’ a method for actively probing or passively monitoring an information system for the purpose of discerning
security vulnerabilities of the information system, if such
method is associated with a known or suspected cybersecurity
threat.
‘‘(18) MANAGED SERVICE PROVIDER.—The term ‘managed
service provider’ means an entity that delivers services, such
as network, application, infrastructure, or security services,
via ongoing and regular support and active administration on
the premises of a customer, in the data center of the entity
(such as hosting), or in a third party data center.
‘‘(19) MONITOR.—The term ‘monitor’ means to acquire, identify, or scan, or to possess, information that is stored on, processed by, or transiting an information system.
‘‘(20) NATIONAL CYBERSECURITY ASSET RESPONSE ACTIVITIES.—The term ‘national cybersecurity asset response activities’ means—

H. R. 7776—1264
‘‘(A) furnishing cybersecurity technical assistance to
entities affected by cybersecurity risks to protect assets,
mitigate vulnerabilities, and reduce impacts of cyber
incidents;
‘‘(B) identifying other entities that may be at risk of
an incident and assessing risk to the same or similar
vulnerabilities;
‘‘(C) assessing potential cybersecurity risks to a sector
or region, including potential cascading effects, and developing courses of action to mitigate such risks;
‘‘(D) facilitating information sharing and operational
coordination with threat response; and
‘‘(E) providing guidance on how best to utilize Federal
resources and capabilities in a timely, effective manner
to speed recovery from cybersecurity risks.
‘‘(21) NATIONAL SECURITY SYSTEM.—The term ‘national
security system’ has the meaning given the term in section
11103 of title 40, United States Code.
‘‘(22) RANSOMWARE ATTACK.—The term ‘ransomware
attack’—
‘‘(A) means an incident that includes the use or threat
of use of unauthorized or malicious code on an information
system, or the use or threat of use of another digital
mechanism such as a denial of service attack, to interrupt
or disrupt the operations of an information system or compromise the confidentiality, availability, or integrity of electronic data stored on, processed by, or transiting an
information system to extort a demand for a ransom payment; and
‘‘(B) does not include any such event in which the
demand for payment is—
‘‘(i) not genuine; or
‘‘(ii) made in good faith by an entity in response
to a specific request by the owner or operator of the
information system.
‘‘(23) SECTOR RISK MANAGEMENT AGENCY.—The term ‘Sector
Risk Management Agency’ means a Federal department or
agency, designated by law or Presidential directive, with
responsibility for providing institutional knowledge and specialized expertise of a sector, as well as leading, facilitating, or
supporting programs and associated activities of its designated
critical infrastructure sector in the all hazards environment
in coordination with the Department.
‘‘(24) SECURITY CONTROL.—The term ‘security control’
means the management, operational, and technical controls
used to protect against an unauthorized effort to adversely
affect the confidentiality, integrity, and availability of an
information system or its information.
‘‘(25) SECURITY VULNERABILITY.—The term ‘security vulnerability’ means any attribute of hardware, software, process,
or procedure that could enable or facilitate the defeat of a
security control.
‘‘(26) SHARING.—The term ‘sharing’ (including all conjugations thereof) means providing, receiving, and disseminating
(including all conjugations of each such terms).
‘‘(27) SLTT ENTITY.—The term ‘SLTT entity’ means a
domestic government entity that is a State government, local

H. R. 7776—1265
government, Tribal government, territorial government, or any
subdivision thereof.
‘‘(28) SUPPLY CHAIN COMPROMISE.—The term ‘supply chain
compromise’ means an incident within the supply chain of
an information system that an adversary can leverage, or does
leverage, to jeopardize the confidentiality, integrity, or availability of the information system or the information the system
processes, stores, or transmits, and can occur at any point
during the life cycle.’’.
(2) TECHNICAL AND CONFORMING AMENDMENTS.—The
Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is
amended—
(A) in section 320(d)(3)(C) (6 U.S.C. 195f(d)(3)(C)), by
striking ‘‘section 2201’’ and inserting ‘‘section 2200’’;
(B) by amending section 2201 (6 U.S.C. 651) to read
as follows:
‘‘SEC. 2201. DEFINITION.

‘‘In this subtitle, the term ‘Cybersecurity Advisory Committee’
means the advisory committee established under section 2219(a).’’;
(C) in section 2202 (6 U.S.C. 652)—
(i) in subsection (a)(1), by striking ‘‘(in this subtitle
referred to as the Agency)’’;
(ii) in subsection (b)(1), by striking ‘‘a Director
of Cybersecurity and Infrastructure Security (in this
subtitle referred to as the ‘Director’)’’ and inserting
‘‘the Director’’; and
(iii) in subsection (f)—
(I) in paragraph (1), by inserting ‘‘Executive’’
before ‘‘Assistant Director’’;
(II) in paragraph (2), by inserting ‘‘Executive’’
before ‘‘Assistant Director’’; and
(III) in paragraph (3), by inserting ‘‘Executive’’
before ‘‘Assistant Director’’;
(D) in section 2209 (6 U.S.C. 659)—
(i) by striking subsection (a) and inserting the
following:
‘‘(a) DEFINITION.—The term ‘cybersecurity vulnerability’ has the
meaning given the term ‘security vulnerability’ in section 2200.’’;
(ii) in subsection (b), by inserting ‘‘Executive’’
before ‘‘Assistant Director for Cybersecurity’’;
(iii) in subsection (d)(1)—
(I) in subparagraph (A)(iii), by striking ‘‘, as
that term is defined under section 3(4) of the
National Security Act of 1947 (50 U.S.C. 3003(4))’’;
and
(II) in subparagraph (B)(ii), by striking
‘‘information sharing and analysis organizations’’
and inserting ‘‘Information Sharing and Analysis
Organizations’’;
(iv) in subsection (e)(1)(E)(ii)(II), by striking
‘‘information sharing and analysis organizations’’ and
inserting ‘‘Information Sharing and Analysis Organizations’’;

H. R. 7776—1266
(v) in the second subsection (p), by striking ‘‘(p)
COORDINATION ON CYBERSECURITY FOR SLTT ENTITIES.—’’ and inserting ‘‘(r) COORDINATION ON CYBERSECURITY FOR SLTT ENTITIES.—’’; and
(vi) in the second subsection (q), by striking ‘‘(q)
REPORT.—’’ and inserting ‘‘(s) REPORT.—’’;
(E) in section 2210 (6 U.S.C. 660)—
(i) in subsection (a), by striking ‘‘section—’’ and
all that follows and inserting ‘‘section, the term ‘agency
information system’ means an information system used
or operated by an agency or by another entity on
behalf of an agency.’’;
(ii) in subsection (c)—
(I) by striking ‘‘information sharing and analysis organizations (as defined in section 2222(5))’’
and inserting ‘‘Information Sharing and Analysis
Organizations’’; and
(II) by striking ‘‘(as defined in section 2209)’’;
and
(iii) in subsection (e)—
(I) in paragraph (1)(B), by striking ‘‘(as such
term is defined in section 2209)’’; and
(II) in paragraph (3)(C), by striking ‘‘(as such
term is defined in section 102 of the Cybersecurity
Information Sharing Act of 2015 (6 U.S.C. 1501))’’;
(F) in section 2211 (6 U.S.C. 661), by striking subsection (h);
(G) in section 2212 (6 U.S.C. 662), by striking ‘‘information sharing and analysis organizations (as defined in section 2222(5))’’ and inserting ‘‘Information Sharing and Analysis Organizations’’;
(H) in section 2213(a) (6 U.S.C. 663(a)), by striking
paragraph (4); and
(I) in section 2216 (6 U.S.C. 665b)—
(i) in subsection (d)(2), by striking ‘‘information
sharing and analysis organizations’’ and inserting
‘‘Information Sharing and Analysis Organizations’’; and
(ii) in subsection (f), by striking ‘‘section:’’ and all
that follows and inserting ‘‘section, the term ‘cyber
defense operation’ means the defensive activities performed for a cybersecurity purpose.’’;
(J) in section 2218(c)(4)(A) (6 U.S.C. 665d(4)(A)), by
striking ‘‘information sharing and analysis organizations’’
and inserting ‘‘Information Sharing and Analysis Organizations’’;
(K) in section 2220A (6 U.S.C. 665g)—
(i) in subsection (a)—
(I) by striking paragraphs (1), (2), (5), (6), and
(7); and
(II) by redesignating paragraphs (3), (4), (8),
(9), (10), (11), and (12) as paragraphs (1) through
(7), respectively;
(ii) in subsection (e)(2)(B)(xiv)(II)(aa), by striking
‘‘information sharing and analysis organization’’ and
inserting ‘‘Information Sharing and Analysis Organization’’;

H. R. 7776—1267
(iii) in subsection (p), by striking ‘‘appropriate
committees of Congress’’ and inserting ‘‘appropriate
congressional committees’’; and
(iv) in subsection (q)(4), in the matter preceding
clause (i), by striking ‘‘appropriate committees of Congress’’ and inserting ‘‘appropriate congressional
committees’’;
(L) in section 2220C (6 U.S.C. 665i), by striking subsection (f) and inserting the following:
‘‘(f) DEFINITION.—In this section, the term ‘industrial control
system’ means an information system used to monitor and/or control
industrial processes such as manufacturing, product handling,
production, and distribution, including supervisory control and data
acquisition (SCADA) systems used to monitor and/or control geographically dispersed assets, distributed control systems (DCSs),
Human-Machine Interfaces (HMIs), and programmable logic
controllers that control localized processes.’’;
(M) in section 2222 (6 U.S.C. 671)—
(i) by striking paragraph (3) and inserting the
following:
‘‘(3) CRITICAL INFRASTRUCTURE INFORMATION.—The term
‘critical infrastructure information’ has the meaning given the
term in section 2200.’’;
(ii) by striking paragraphs (5) and (8); and
(iii) by redesignating paragraphs (6) and (7) as
paragraphs (5) and (6), respectively; and
(N) in section 2240 (6 U.S.C. 681)—
(i) by striking paragraph (2);
(ii) by redesignating paragraphs (3) through (7)
as paragraphs (2) through (6);
(iii) in paragraph (6), as so redesignated, by
striking ‘‘section 2201’’ and inserting ‘‘section 2200’’;
(iv) by striking paragraph (8), and inserting the
following:
‘‘(7) FEDERAL ENTITY.—The term ‘Federal entity’ has the
meaning given the term in section 102 of the Cybersecurity
Information Sharing Act of 2015 (6 U.S.C. 1501).’’;
(v) by striking paragraphs (9) through (12), (14),
(15), and (17); and
(vi) by redesignating paragraphs (13), (16), (18),
and (19) as paragraphs (8), (9), (10), and (11), respectively.
(3) TABLE OF CONTENTS AMENDMENTS.—The table of contents in section 1(b) of the Homeland Security Act of 2002
(Public Law 107–296; 116 Stat. 2135) is amended—
(A) by inserting before the item relating to subtitle
A of title XXII the following:
‘‘Sec. 2200. Definitions.’’;

(B) by striking the item relating to section 2201 and
insert the following:
‘‘Sec. 2201. Definition.’’; and

(C) by moving the item relating to section 2220D to
appear after the item relating to section 2220C.
(4) CYBERSECURITY INFORMATION SHARING ACT OF 2015
DEFINITIONS.—Section 102 of the Cybersecurity Information
Sharing Act of 2015 (6 U.S.C. 1501) is amended—

H. R. 7776—1268
(A) by striking paragraphs (4) through (7) and inserting
the following:
‘‘(4) CYBERSECURITY PURPOSE.—The term ‘cybersecurity
purpose’ has the meaning given the term in section 2200 of
the Homeland Security Act of 2002.
‘‘(5) CYBERSECURITY THREAT.—The term ‘cybersecurity
threat’ has the meaning given the term in section 2200 of
the Homeland Security Act of 2002.
‘‘(6) CYBER THREAT INDICATOR.—The term ‘cyber threat
indicator’ has the meaning given the term in section 2200
of the Homeland Security Act of 2002.
‘‘(7) DEFENSIVE MEASURE.—The term ‘defensive measure’
has the meaning given the term in section 2200 of the Homeland Security Act of 2002.’’;
(B) by striking paragraph (9) and inserting the following:
‘‘(9) INFORMATION SYSTEM.—The term ‘information system’
has the meaning given the term in section 2200 of the Homeland Security Act of 2002.’’.
(C) by striking paragraphs (11), (12), and (13) and
inserting the following:
‘‘(11) MALICIOUS CYBER COMMAND AND CONTROL.—The term
‘malicious cyber command and control’ has the meaning given
the term in section 2200 of the Homeland Security Act of
2002.
‘‘(12) MALICIOUS RECONNAISSANCE.—The term ‘malicious
reconnaissance’ has the meaning given the term in section
2200 of the Homeland Security Act of 2002.
‘‘(13) MONITOR.— The term ‘monitor’ has the meaning given
the term in section 2200 of the Homeland Security Act of
2002.’’; and
(D) by striking paragraphs (16) and (17) and inserting
the following:
‘‘(16) SECURITY CONTROL.—The term ‘security control’ has
the meaning given the term in section 2200 of the Homeland
Security Act of 2002.
‘‘(17) SECURITY VULNERABILITY.—The term ‘security vulnerability’ has the meaning given the term in section 2200 of
the Homeland Security Act of 2002.’’.
(c) CORRECTION TO THE TITLE OF THE DIRECTOR OF THE CYBERSECURITY AND INFRASTRUCTURE SECURITY AGENCY.—The Homeland
Security Act of 2002 (6 U.S.C. 101 et seq.) is amended—
(1) in section 523 (6 U.S.C. 3211)—
(A) in subsection (a), in the matter preceding paragraph
(1), by striking ‘‘Director of Cybersecurity and Infrastructure Security’’ and inserting ‘‘Director of the Cybersecurity
and Infrastructure Security Agency’’; and
(B) in subsection (c), by striking ‘‘Director of Cybersecurity and Infrastructure Security’’ and inserting ‘‘Director
of the Cybersecurity and Infrastructure Security Agency’’;
(2) in section 884(d)(4)(A)(ii) (6 U.S.C. 464(d)(4)(A)(ii)), by
striking ‘‘Director of Cybersecurity and Infrastructure Security’’
and inserting ‘‘Director of the Cybersecurity and Infrastructure
Security Agency’’;
(3) in section 1801(b) (6 U.S.C. 571(b)), in the second and
third sentences, by striking ‘‘Director of Cybersecurity and

H. R. 7776—1269
Infrastructure Security’’ and inserting ‘‘Director of the Cybersecurity and Infrastructure Security Agency’’;
(4) in section 2104(c)(2) (6 U.S.C. 624(c)(2)), by striking
‘‘Director of Cybersecurity and Infrastructure Security’’ and
inserting ‘‘Director of the Cybersecurity and Infrastructure
Security Agency’’;
(5) in section 2202 (6 U.S.C. 652)—
(A) in subsection (b)(3), by striking ‘‘Director of Cybersecurity and Infrastructure Security of the Department’’
and inserting ‘‘Director of the Cybersecurity and Infrastructure Security Agency’’; and
(B) in subsection (d), in the matter preceding paragraph (1), by striking ‘‘Director of Cybersecurity and Infrastructure Security’’ and inserting ‘‘Director of the Cybersecurity and Infrastructure Security Agency’’;
(6) in section 2205, in the matter preceding paragraph
(1), by striking ‘‘Director of Cybersecurity and Infrastructure
Security’’ and inserting ‘‘Director of the Cybersecurity and
Infrastructure Security Agency’’;
(7) in section 2206, by striking ‘‘Director of Cybersecurity
and Infrastructure Security’’ and inserting ‘‘Director of the
Cybersecurity and Infrastructure Security Agency’’; and
(8) in section 2210(c), by striking ‘‘Director of Cybersecurity
and Infrastructure Security’’ and inserting ‘‘Director of the
Cybersecurity and Infrastructure Security Agency’’.
(d) ADDITIONAL TECHNICAL AND CONFORMING AMENDMENTS.—
(1) FEDERAL CYBERSECURITY ENHANCEMENT ACT OF 2015.—
The Federal Cybersecurity Enhancement Act of 2015 (6 U.S.C.
1521 et seq.) is amended—
(A) in section 222(4) (6 U.S.C. 1521(4)), by striking
‘‘section 2209’’ and inserting ‘‘section 2200’’; and
(B) in section 226(a)(2) (6 U.S.C. 1524(a)(2)), by striking
‘‘section 102’’ and inserting ‘‘section 2200 of the Homeland
Security Act of 2002’’.
(2) FEDERAL POWER ACT.—Section 219A(a)(1) of the Federal
Power Act (16 U.S.C. 824s–1(a)(1)) is amended by striking
‘‘section 102 of the Cybersecurity Act of 2015 (6 U.S.C. 1501)’’
and inserting ‘‘section 2200 of the Homeland Security Act of
2002’’.
(3) INFRASTRUCTURE INVESTMENT AND JOBS ACT.—Section
40124(a)(1) of the Infrastructure Investment and Jobs Act (42
U.S.C. 18723(a)(1)) is amended by striking ‘‘section 102 of the
Cybersecurity Act of 2015 (6 U.S.C. 1051)’’ and inserting ‘‘section 2200 of the Homeland Security Act of 2002)’’.
(4) PUBLIC HEALTH SERVICE ACT.—Section 2811(b)(4)(D) of
the Public Health Service Act (42 U.S.C. 300hh–10(b)(4)(D))
is amended by striking ‘‘section 228(c) of the Homeland Security
Act of 2002 (6 U.S.C. 149(c))’’ and inserting ‘‘section 2210(b)
of the Homeland Security Act of 2002 (6 U.S.C. 660(b))’’.
(5) WILLIAM M. (MAC) THORNBERRY NATIONAL DEFENSE
AUTHORIZATION ACT OF FISCAL YEAR 2021.—Section 9002 of the
William M. (Mac) Thornberry National Defense Authorization
Act for Fiscal Year 2021 (6 U.S.C. 652a) is amended—
(A) in subsection (a)—
(i) by striking paragraph (5);
(ii) by redesignating paragraphs (6) and (7) as
paragraphs (5) and (6), respectively; and

H. R. 7776—1270
(iii) by amending paragraph (7) to read as follows:
‘‘(7) SECTOR RISK MANAGEMENT AGENCY.—The term ‘Sector
Risk Management Agency’ has the meaning given the term
in section 2200 of the Homeland Security Act of 2002.’’;
(B) in subsection (c)(3)(B), by striking ‘‘given such term
in section 2201(5) (6 U.S.C. 651(5))’’ and inserting ‘‘given
such term in section 2200’’; and
(C) in subsection (d), by striking ‘‘section 2215 of the
Homeland Security Act of 2002, as added by this section’’
and inserting ‘‘section 2218 of the Homeland Security Act
of 2002 (6 U.S.C. 665d)’’.
(6) NATIONAL SECURITY ACT OF 1947.—Section 113B(b)(4)
of the National Security Act of 1947 (50 U.S.C. 3049a(b)(4))
is amended by striking section ‘‘226 of the Homeland Security
Act of 2002 (6 U.S.C. 147)’’ and inserting ‘‘section 2208 of
the Homeland Security Act of 2002 (6 U.S.C. 658)’’.
(7) NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR
2020.—Section 6503(a)(3) of the National Defense Authorization
Act for Fiscal Year 2020 (50 U.S.C. 3371a(a)(3)) is amended
by striking ‘‘section 102 of the Cybersecurity Information
Sharing Act of 2015 (6 U.S.C. 1501)’’ and inserting ‘‘section
2200 of the Homeland Security Act of 2002’’.
(8) IOT CYBERSECURITY IMPROVEMENT ACT OF 2020.—Section
3(8) of the IoT Cybersecurity Improvement Act of 2020 (15
U.S.C. 278g-3a(8)) is amended by striking ‘‘section 102(17) of
the Cybersecurity Information Sharing Act of 2015 (6 U.S.C.
1501(17))’’ and inserting ‘‘section 2200 of the Homeland Security
Act of 2002’’.
(9) SMALL BUSINESS ACT.—Section 21(a)(8)(B) of the Small
Business Act (15 U.S.C. 648(a)(8)(B)) is amended by striking
‘‘section 2209(a)’’ and inserting ‘‘section 2200’’.
(10) TITLE 46.—Section 70101(2) of title 46, United States
Code, is amended by striking ‘‘section 227 of the Homeland
Security Act of 2002 (6 U.S.C. 148)’’ and inserting ‘‘section
2200 of the Homeland Security Act of 2002’’.
(e) CLARIFYING AND TECHNICAL AMENDMENTS TO THE CYBER
INCIDENT REPORTING FOR CRITICAL INFRASTRUCTURE ACT OF 2022.—
The Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is
amended—
(1) in section 2243(6 U.S.C. 681c), by striking subsection
(c) and inserting the following:
‘‘(c) APPLICATION OF SECTION 2245.—Section 2245 shall apply
in the same manner and to the same extent to reports and information submitted under subsections (a) and (b) as it applies to reports
and information submitted under section 2242.’’; and
(2) in section 2244(b)(2) (6 U.S.C. 681d(b)(2)), by inserting
‘‘including that section 2245 shall apply to such information
in the same manner and to the same extent to information
submitted in response to requests under paragraph (1) as it
applies to information submitted under section 2242’’after ‘‘section 2242’’.
(f) RULE OF CONSTRUCTION.—
(1) INTERPRETATION OF TECHNICAL CORRECTIONS.—Nothing
in the amendments made by subsections (a) through (d) shall
be construed to alter the authorities, responsibilities, functions,
or activities of any agency (as such term is defined in section
3502 of title 44, United States Code) or officer or employee

H. R. 7776—1271
of the United States on or before the date of enactment of
this Act.
(2) INTERPRETATION OF REFERENCES TO DEFINITIONS.—Any
reference to a term defined in the Homeland Security Act
of 2002 (6 U.S.C. 101 et seq.) on the day before the date
of enactment of this Act that is defined in section 2200 of
that Act pursuant to the amendments made under this Act
shall be deemed to be a reference to that term as defined
in section 2200 of the Homeland Security Act of 2002, as
added by this Act.

TITLE LXXII—GOVERNMENTAL AFFAIRS
Subtitle A—Intragovernmental Cybersecurity Information Sharing Act
Sec. 7201. Requirement for information sharing agreements.
Subtitle A—Improving Government for America’s Taxpayers
Sec. 7211. Government Accountability Office unimplemented priority recommendations.
Subtitle B—Advancing American AI Act
Short title.
Purposes.
Definitions.
Principles and policies for use of artificial intelligence in Government.
Agency inventories and artificial intelligence use cases.
Rapid pilot, deployment and scale of applied artificial intelligence capabilities to demonstrate modernization activities related to use cases.
Sec. 7227. Enabling entrepreneurs and agency missions.
Sec. 7228. Intelligence community exception.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

7221.
7222.
7223.
7224.
7225.
7226.

Sec.
Sec.
Sec.
Sec.

7231.
7232.
7233.
7234.

Subtitle C—Strategic EV Management
Short Title.
Definitions.
Strategic guidance.
Study of Federal fleet vehicles.

Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

7241.
7242.
7243.
7244.
7245.
7246.
7247.
7248.

Subtitle D—Congressionally Mandated Reports
Short title.
Definitions.
Establishment of online portal for congressionally mandated reports.
Federal agency responsibilities.
Changing or removing reports.
Withholding of information.
Implementation.
Determination of budgetary effects.

Subtitle A—Intragovernmental
Cybersecurity Information Sharing Act
SEC. 7201. REQUIREMENT FOR INFORMATION SHARING AGREEMENTS.

(a) SHORT TITLE.—This section may be cited as the
‘‘Intragovernmental Cybersecurity and Counterintelligence Information Sharing Act’’.
(b) FINDINGS.—Congress finds the following:
(1) The legislative branch, as a separate and equal branch
of the United States Government, is a target of adversary
cyber actors and intelligence services.
(2) The legislative branch relies on the executive branch
to provide timely and urgent tactical and operational information to ensure that Congress can protect the constitutional

H. R. 7776—1272
officers, personnel, and facilities of Congress and the institution
of Congress more broadly.
(3) The legislative branch currently is not receiving this
information in a timely manner nor as a matter of course.
(c) DEFINITIONS.—In this section—
(1) the term ‘‘congressional leadership’’ means—
(A) the Majority and Minority Leader of the Senate
with respect to an agreement with the Sergeant at Arms
and Doorkeeper of the Senate or the Secretary of the
Senate; and
(B) the Speaker and Minority Leader of the House
of Representatives with respect to an agreement with the
Chief Administrative Officer of the House of Representatives or the Sergeant at Arms of the House of Representatives; and
(2) the terms ‘‘cybersecurity threat’’ and ‘‘security vulnerability’’ have the meanings given those terms in section 2200
of the Homeland Security Act of 2002, as added by section
5171 of this division.
(d) REQUIREMENT.—
(1) DESIGNATION.—
(A) IN GENERAL.—Not later than 30 days after the
date of enactment of this Act, the President shall designate—
(i) an individual appointed by the President, by
and with the advice and consent of the Senate, to
serve as a single point of contact to the legislative
branch on matters related to tactical and operational
cybersecurity threats and security vulnerabilities; and
(ii) an individual appointed by the President, by
and with the advice and consent of the Senate, to
serve as a single point of contact to the legislative
branch on matters related to tactical and operational
counterintelligence.
(B) COORDINATION.—The individuals designated by the
President under subparagraph (A) shall coordinate with
appropriate Executive agencies (as defined in section 105
of title 5, United States Code, including the Executive
Office of the President) and appropriate officers in the
executive branch in entering any agreement described in
paragraph (2).
(2) INFORMATION SHARING AGREEMENTS.—
(A) IN GENERAL.—Not later than 90 days after the
date of enactment of this Act, the individuals designated
by the President under paragraph (1)(A) shall enter into
1 or more information sharing agreements with—
(i) the Sergeant at Arms and Doorkeeper of the
Senate with respect to cybersecurity information
sharing, subject to the approval of congressional leadership and in consultation with the chairman and the
ranking minority member of the Committee on Rules
and Administration of the Senate;
(ii) the Secretary of the Senate with respect to
counterintelligence information sharing, subject to the
approval of congressional leadership and in consultation with the chairman and ranking minority member

H. R. 7776—1273
of the Committee on Rules and Administration of the
Senate;
(iii) the Chief Administrative Officer of the House
of Representatives with respect to cybersecurity
information sharing, subject to the approval of the
chair of the Committee on House Administration of
the House of Representatives and in consultation with
the ranking minority member of the committee and
congressional leadership; and
(iv) the Sergeant at Arms of the House of Representatives with respect to counterintelligence
information sharing, subject to the approval of the
chair of the Committee on House Administration of
the House of Representatives and in consultation with
the ranking minority member of the committee and
congressional leadership.
(B) PURPOSE.—The agreements described in subparagraph (A) shall establish procedures for timely sharing
of tactical and operational cybersecurity threat and security
vulnerability information and planned or ongoing counterintelligence operations or targeted collection efforts with
the legislative branch.
(3) IMPLEMENTATION.—Not less frequently than semiannually during the 3-year period beginning on the date of enactment of this Act, the individuals designated by the President
under paragraph (1)(A) shall meet with the officers referenced
in clauses (i), (ii), (iii), and (iv) of paragraph (2)(A), the chairman
and ranking minority member of the Committee on Homeland
Security and Governmental Affairs of the Senate, with respect
to an agreement with the Sergeant at Arms and Doorkeeper
of the Senate, and the chair and ranking minority member
of the Committee on Oversight and Reform of the House of
Representatives, with respect to an agreement with the Chief
Administrative Officer of the House of Representatives or the
Sergeant at Arms of the House of Representatives, to ensure
the agreements with such officers are being implemented in
a manner consistent with applicable laws, including this Act.
(e) ELEMENTS.—
(1) IN GENERAL.—The parties to an information sharing
agreement under subsection (d)(2) shall jointly develop such
elements of the agreement as the parties find appropriate,
which—
(A) with respect to an agreement covered by subsection
(d)(2)(A)(i) or (ii), shall, at a minimum, include the
applicable elements specified in paragraph (2); and
(B) with respect to an agreement covered by subsection
(d)(2)(A)(iii) or (iv), may include the applicable elements
specified in paragraph (2).
(2) ELEMENTS SPECIFIED.—The elements specified in this
paragraph are—
(A) direct and timely sharing of technical indicators
and contextual information on cyber threats and security
vulnerabilities, and the means for such sharing;
(B) direct and timely sharing of counterintelligence
threats and vulnerabilities, including trends of counterintelligence activity, and the means for such sharing;

H. R. 7776—1274
(C) identification, by position, of the officials at the
operational and tactical level responsible for daily management of the agreement;
(D) the ability to seat cybersecurity personnel of the
Office of the Sergeant at Arms and Doorkeeper of the
Senate or the Office of the Chief Administrative Officer
of the House of Representatives at cybersecurity operations
centers within the executive branch; and
(E) any other elements the parties find appropriate.

Subtitle A—Improving Government for
America’s Taxpayers
SEC. 7211. GOVERNMENT ACCOUNTABILITY OFFICE UNIMPLEMENTED
PRIORITY RECOMMENDATIONS.

(a) IN GENERAL.—The Comptroller General of the United States
shall, as part of the Comptroller General’s annual reporting to
committees of Congress—
(1) consolidate Matters for Congressional Consideration
from the Government Accountability Office in one report organized by policy topic that includes the amount of time such
Matters have been unimplemented and submit such report
to congressional leadership and the oversight committees of
each House;
(2) with respect to the annual letters sent by the Comptroller General to individual agency heads and relevant congressional committees on the status of unimplemented priority recommendations, identify any additional congressional oversight
actions that can help agencies implement such priority recommendations and address any underlying issues relating to
such implementation;
(3) make publicly available the information described in
paragraphs (1) and (2); and
(4) publish any known costs of unimplemented priority
recommendations, if applicable.
(b) RULE OF CONSTRUCTION.—Nothing in this section shall be
construed to require reporting relating to unimplemented priority
recommendations or any other report, recommendation, information,
or item relating to any element of the intelligence community,
as defined in section 3 of the National Security Act of 1947 (50
U.S.C. 3003).

Subtitle B—Advancing American AI Act
SEC. 7221. SHORT TITLE.

This subtitle may be cited as the ‘‘Advancing American AI
Act’’.
SEC. 7222. PURPOSES.

The purposes of this subtitle are to—
(1) encourage agency artificial intelligence-related programs and initiatives that enhance the competitiveness of the
United States and foster an approach to artificial intelligence
that builds on the strengths of the United States in innovation
and entrepreneurialism;

H. R. 7776—1275
(2) enhance the ability of the Federal Government to translate research advances into artificial intelligence applications
to modernize systems and assist agency leaders in fulfilling
their missions;
(3) promote adoption of modernized business practices and
advanced technologies across the Federal Government that
align with the values of the United States, including the protection of privacy, civil rights, and civil liberties; and
(4) test and harness applied artificial intelligence to
enhance mission effectiveness, agency program integrity, and
business practice efficiency.
SEC. 7223. DEFINITIONS.

In this subtitle:
(1) AGENCY.—The term ‘‘agency’’ has the meaning given
the term in section 3502 of title 44, United States Code.
(2) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term
‘‘appropriate congressional committees’’ means—
(A) the Committee on Homeland Security and Governmental Affairs of the Senate;
(B) the Committee on Oversight and Reform of the
House of Representatives; and
(C) the Committee on Homeland Security of the House
of Representatives.
(3) ARTIFICIAL INTELLIGENCE.—The term ‘‘artificial intelligence’’ has the meaning given the term in section 238(g)
of the John S. McCain National Defense Authorization Act
for Fiscal Year 2019 (10 U.S.C. 2358 note).
(4) ARTIFICIAL INTELLIGENCE SYSTEM.—The term ‘‘artificial
intelligence system’’—
(A) means any data system, software, application, tool,
or utility that operates in whole or in part using dynamic
or static machine learning algorithms or other forms of
artificial intelligence, whether—
(i) the data system, software, application, tool, or
utility is established primarily for the purpose of
researching, developing, or implementing artificial
intelligence technology; or
(ii) artificial intelligence capability is integrated
into another system or agency business process, operational activity, or technology system; and
(B) does not include any common commercial product
within which artificial intelligence is embedded, such as
a word processor or map navigation system.
(5) DEPARTMENT.—The term ‘‘Department’’ means the
Department of Homeland Security.
(6) DIRECTOR.—The term ‘‘Director’’ means the Director
of the Office of Management and Budget.
SEC. 7224. PRINCIPLES AND POLICIES FOR USE OF ARTIFICIAL INTELLIGENCE IN GOVERNMENT.

(a) GUIDANCE.—The Director shall, when developing the guidance required under section 104(a) of the AI in Government Act
of 2020 (title I of division U of Public Law 116–260), consider—
(1) the considerations and recommended practices identified
by the National Security Commission on Artificial Intelligence
in the report entitled ‘‘Key Considerations for the Responsible
Development and Fielding of AI’’, as updated in April 2021;

H. R. 7776—1276
(2) the principles articulated in Executive Order 13960
(85 Fed. Reg. 78939; relating to promoting the use of trustworthy artificial intelligence in Government); and
(3) the input of—
(A) the Administrator of General Services;
(B) relevant interagency councils, such as the Federal
Privacy Council, the Chief Financial Officers Council, the
Chief Information Officers Council, and the Chief Data
Officers Council;
(C) other governmental and nongovernmental privacy,
civil rights, and civil liberties experts;
(D) academia;
(E) industry technology and data science experts; and
(F) any other individual or entity the Director determines to be appropriate.
(b) DEPARTMENT POLICIES AND PROCESSES FOR PROCUREMENT
AND USE OF ARTIFICIAL INTELLIGENCE-ENABLED SYSTEMS.—Not
later than 180 days after the date of enactment of this Act—
(1) the Secretary of Homeland Security, with the participation of the Chief Procurement Officer, the Chief Information
Officer, the Chief Privacy Officer, and the Officer for Civil
Rights and Civil Liberties of the Department and any other
person determined to be relevant by the Secretary of Homeland
Security, shall issue policies and procedures for the Department
related to—
(A) the acquisition and use of artificial intelligence;
and
(B) considerations for the risks and impacts related
to artificial intelligence-enabled systems, including associated data of machine learning systems, to ensure that
full consideration is given to—
(i) the privacy, civil rights, and civil liberties
impacts of artificial intelligence-enabled systems; and
(ii) security against misuse, degradation, or
rending inoperable of artificial intelligence-enabled systems; and
(2) the Chief Privacy Officer and the Officer for Civil Rights
and Civil Liberties of the Department shall report to Congress
on any additional staffing or funding resources that may be
required to carry out the requirements of this subsection.
(c) INSPECTOR GENERAL.—Not later than 180 days after the
date of enactment of this Act, the Inspector General of the Department shall identify any training and investments needed to enable
employees of the Office of the Inspector General to continually
advance their understanding of—
(1) artificial intelligence systems;
(2) best practices for governance, oversight, and audits
of the use of artificial intelligence systems; and
(3) how the Office of the Inspector General is using artificial
intelligence to enhance audit and investigative capabilities,
including actions to—
(A) ensure the integrity of audit and investigative
results; and
(B) guard against bias in the selection and conduct
of audits and investigations.

H. R. 7776—1277
(d) ARTIFICIAL INTELLIGENCE HYGIENE AND PROTECTION OF
GOVERNMENT INFORMATION, PRIVACY, CIVIL RIGHTS, AND CIVIL LIBERTIES.—
(1) ESTABLISHMENT.—Not later than 1 year after the date
of enactment of this Act, the Director, in consultation with
a working group consisting of members selected by the Director
from appropriate interagency councils, shall develop an initial
means by which to—
(A) ensure that contracts for the acquisition of an
artificial intelligence system or service—
(i) align with the guidance issued to the head
of each agency under section 104(a) of the AI in
Government Act of 2020 (title I of division U of Public
Law 116–260);
(ii) address protection of privacy, civil rights, and
civil liberties;
(iii) address the ownership and security of data
and other information created, used, processed, stored,
maintained, disseminated, disclosed, or disposed of by
a contractor or subcontractor on behalf of the Federal
Government; and
(iv) include considerations for securing the training
data, algorithms, and other components of any artificial
intelligence system against misuse, unauthorized alteration, degradation, or rendering inoperable; and
(B) address any other issue or concern determined
to be relevant by the Director to ensure appropriate use
and protection of privacy and Government data and other
information.
(2) CONSULTATION.—In developing the considerations under
paragraph (1)(A)(iv), the Director shall consult with the Secretary of Homeland Security, the Secretary of Energy, the
Director of the National Institute of Standards and Technology,
and the Director of National Intelligence.
(3) REVIEW.—The Director—
(A) should continuously update the means developed
under paragraph (1); and
(B) not later than 2 years after the date of enactment
of this Act and not less frequently than every 2 years
thereafter, shall update the means developed under paragraph (1).
(4) BRIEFING.—The Director shall brief the appropriate
congressional committees—
(A) not later than 90 days after the date of enactment
of this Act and thereafter on a quarterly basis until the
Director first implements the means developed under paragraph (1); and
(B) annually thereafter on the implementation of this
subsection.
(5) SUNSET.—This subsection shall cease to be effective
on the date that is 5 years after the date of enactment of
this Act.
SEC. 7225. AGENCY INVENTORIES AND ARTIFICIAL INTELLIGENCE USE
CASES.

(a) INVENTORY.—Not later than 60 days after the date of enactment of this Act, and continuously thereafter for a period of 5

H. R. 7776—1278
years, the Director, in consultation with the Chief Information
Officers Council, the Chief Data Officers Council, and other interagency bodies as determined to be appropriate by the Director,
shall require the head of each agency to—
(1) prepare and maintain an inventory of the artificial
intelligence use cases of the agency, including current and
planned uses;
(2) share agency inventories with other agencies, to the
extent practicable and consistent with applicable law and policy,
including those concerning protection of privacy and of sensitive
law enforcement, national security, and other protected
information; and
(3) make agency inventories available to the public, in
a manner determined by the Director, and to the extent practicable and in accordance with applicable law and policy,
including those concerning the protection of privacy and of
sensitive law enforcement, national security, and other protected information.
(b) CENTRAL INVENTORY.—The Director is encouraged to designate a host entity and ensure the creation and maintenance
of an online public directory to—
(1) make agency artificial intelligence use case information
available to the public and those wishing to do business with
the Federal Government; and
(2) identify common use cases across agencies.
(c) SHARING.—The sharing of agency inventories described in
subsection (a)(2) may be coordinated through the Chief Information
Officers Council, the Chief Data Officers Council, the Chief Financial Officers Council, the Chief Acquisition Officers Council, or
other interagency bodies to improve interagency coordination and
information sharing for common use cases.
(d) DEPARTMENT OF DEFENSE.—Nothing in this section shall
apply to the Department of Defense.
SEC. 7226. RAPID PILOT, DEPLOYMENT AND SCALE OF APPLIED
ARTIFICIAL INTELLIGENCE CAPABILITIES TO DEMONSTRATE MODERNIZATION ACTIVITIES RELATED TO
USE CASES.

(a) IDENTIFICATION OF USE CASES.—Not later than 270 days
after the date of enactment of this Act, the Director, in consultation
with the Chief Information Officers Council, the Chief Data Officers
Council, the Chief Financial Officers Council, and other interagency
bodies as determined to be appropriate by the Director, shall identify 4 new use cases for the application of artificial intelligenceenabled systems to support interagency or intra-agency modernization initiatives that require linking multiple siloed internal and
external data sources, consistent with applicable laws and policies,
including those relating to the protection of privacy and of sensitive
law enforcement, national security, and other protected information.
(b) PILOT PROGRAM.—
(1) PURPOSES.—The purposes of the pilot program under
this subsection include—
(A) to enable agencies to operate across organizational
boundaries, coordinating between existing established programs and silos to improve delivery of the agency mission;

H. R. 7776—1279
(B) to demonstrate the circumstances under which
artificial intelligence can be used to modernize or assist
in modernizing legacy agency systems; and
(C) to leverage commercially available artificial intelligence technologies that—
(i) operate in secure cloud environments that can
deploy rapidly without the need to replace existing
systems; and
(ii) do not require extensive staff or training to
build.
(2) DEPLOYMENT AND PILOT.—Not later than 1 year after
the date of enactment of this Act, the Director, in coordination
with the heads of relevant agencies and Federal entities,
including the Administrator of General Services, the Bureau
of Fiscal Service of the Department of the Treasury, the Council
of the Inspectors General on Integrity and Efficiency, and the
Pandemic Response Accountability Committee, and other officials as the Director determines to be appropriate, shall ensure
the initiation of the piloting of the 4 new artificial intelligence
use case applications identified under subsection (a), leveraging
commercially available technologies and systems to demonstrate scalable artificial intelligence-enabled capabilities to
support the use cases identified under subsection (a).
(3) RISK EVALUATION AND MITIGATION PLAN.—In carrying
out paragraph (2), the Director shall require the heads of agencies to—
(A) evaluate risks in utilizing artificial intelligence systems; and
(B) develop a risk mitigation plan to address those
risks, including consideration of—
(i) the artificial intelligence system not performing
as expected or as designed;
(ii) the quality and relevancy of the data resources
used in the training of the algorithms used in an
artificial intelligence system;
(iii) the processes for training and testing, evaluating, validating, and modifying an artificial intelligence system; and
(iv) the vulnerability of a utilized artificial intelligence system to unauthorized manipulation or
misuse, including the use of data resources that
substantially differ from the training data.
(4) PRIORITIZATION.—In carrying out paragraph (2), the
Director shall prioritize modernization projects that—
(A) would benefit from commercially available privacypreserving techniques, such as use of differential privacy,
federated learning, and secure multiparty computing; and
(B) otherwise take into account considerations of civil
rights and civil liberties.
(5) PRIVACY PROTECTIONS.—In carrying out paragraph (2),
the Director shall require the heads of agencies to use privacypreserving techniques when feasible, such as differential privacy, federated learning, and secure multiparty computing, to
mitigate any risks to individual privacy or national security
created by a project or data linkage.
(6) USE CASE MODERNIZATION APPLICATION AREAS.—Use
case modernization application areas described in paragraph

H. R. 7776—1280
(2) shall include not less than 1 from each of the following
categories:
(A) Applied artificial intelligence to drive agency
productivity efficiencies in predictive supply chain and
logistics, such as—
(i) predictive food demand and optimized supply;
(ii) predictive medical supplies and equipment
demand and optimized supply; or
(iii) predictive logistics to accelerate disaster
preparedness, response, and recovery.
(B) Applied artificial intelligence to accelerate agency
investment return and address mission-oriented challenges,
such as—
(i) applied artificial intelligence portfolio management for agencies;
(ii) workforce development and upskilling;
(iii) redundant and laborious analyses;
(iv) determining compliance with Government
requirements, such as with Federal financial management and grants management, including implementation of chapter 64 of subtitle V of title 31, United
States Code;
(v) addressing fraud, waste, and abuse in agency
programs and mitigating improper payments; or
(vi) outcomes measurement to measure economic
and social benefits.
(7) REQUIREMENTS.—Not later than 3 years after the date
of enactment of this Act, the Director, in coordination with
the heads of relevant agencies and other officials as the Director
determines to be appropriate, shall establish an artificial intelligence capability within each of the 4 use case pilots under
this subsection that—
(A) solves data access and usability issues with automated technology and eliminates or minimizes the need
for manual data cleansing and harmonization efforts;
(B) continuously and automatically ingests data and
updates domain models in near real-time to help identify
new patterns and predict trends, to the extent possible,
to help agency personnel to make better decisions and
take faster actions;
(C) organizes data for meaningful data visualization
and analysis so the Government has predictive transparency for situational awareness to improve use case outcomes;
(D) is rapidly configurable to support multiple applications and automatically adapts to dynamic conditions and
evolving use case requirements, to the extent possible;
(E) enables knowledge transfer and collaboration across
agencies; and
(F) preserves intellectual property rights to the data
and output for benefit of the Federal Government and
agencies and protects sensitive personally identifiable
information.

H. R. 7776—1281
(c) BRIEFING.—Not earlier than 270 days but not later than
1 year after the date of enactment of this Act, and annually thereafter for 4 years, the Director shall brief the appropriate congressional committees on the activities carried out under this section
and results of those activities.
(d) SUNSET.—The section shall cease to be effective on the
date that is 5 years after the date of enactment of this Act.
SEC. 7227. ENABLING ENTREPRENEURS AND AGENCY MISSIONS.

(a) INNOVATIVE COMMERCIAL ITEMS.—Section 880 of the
National Defense Authorization Act for Fiscal Year 2017 (41 U.S.C.
3301 note) is amended—
(1) in subsection (c), by striking $10,000,000’’ and inserting
‘‘$25,000,000’’;
(2) by amending subsection (f) to read as follows:
‘‘(f) DEFINITIONS.—In this section—
‘‘(1) the term ‘commercial product’—
‘‘(A) has the meaning given the term ‘commercial item’
in section 2.101 of the Federal Acquisition Regulation; and
‘‘(B) includes a commercial product or a commercial
service, as defined in sections 103 and 103a, respectively,
of title 41, United States Code; and
‘‘(2) the term ‘innovative’ means—
‘‘(A) any new technology, process, or method, including
research and development; or
‘‘(B) any new application of an existing technology,
process, or method.’’; and
(3) in subsection (g), by striking ‘‘2022’’ and insert ‘‘2027’’.
(b) DHS OTHER TRANSACTION AUTHORITY.—Section 831 of the
Homeland Security Act of 2002 (6 U.S.C. 391) is amended—
(1) in subsection (a)—
(A) in the matter preceding paragraph (1), by striking
‘‘September 30, 2017’’ and inserting ‘‘September 30, 2024’’;
and
(B) by amending paragraph (2) to read as follows:
‘‘(2) PROTOTYPE PROJECTS.—The Secretary—
‘‘(A) may, under the authority of paragraph (1), carry
out prototype projects under section 4022 of title 10, United
States Code; and
‘‘(B) in applying the authorities of such section 4022,
the Secretary shall perform the functions of the Secretary
of Defense as prescribed in such section.’’;
(2) in subsection (c)(1), by striking ‘‘September 30, 2017’’
and inserting ‘‘September 30, 2024’’; and
(3) in subsection (d), by striking ‘‘section 845(e)’’ and all
that follows and inserting ‘‘section 4022(e) of title 10, United
States Code.’’.
(c) COMMERCIAL OFF THE SHELF SUPPLY CHAIN RISK MANAGEMENT TOOLS.—
(1) IN GENERAL.—The General Services Administration is
encouraged to pilot commercial off the shelf supply chain risk
management tools to improve the ability of the Federal Government to characterize, monitor, predict, and respond to specific
supply chain threats and vulnerabilities that could inhibit
future Federal acquisition operations.
(2) CONSULTATION.—In carrying out this subsection, the
General Services Administration shall consult with the Federal

H. R. 7776—1282
Acquisition Security Council established under section 1322
of title 41, United States Code.
SEC. 7228. INTELLIGENCE COMMUNITY EXCEPTION.

Nothing in this subtitle shall apply to any element of the
intelligence community, as defined in section 3 of the National
Security Act of 1947 (50 U.S.C. 3003).

Subtitle C—Strategic EV Management
SEC. 7231. SHORT TITLE.

This subtitle may be cited as the ‘‘Strategic EV Management
Act of 2022’’.
SEC. 7232. DEFINITIONS.

In this subtitle:
(1) ADMINISTRATOR.—The term ‘‘Administrator’’ means the
Administrator of General Services.
(2) AGENCY.—The term ‘‘agency’’ has the meaning given
the term in section 551 of title 5, United States Code.
(3) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term
‘‘appropriate congressional committees’’ means—
(A) the Committee on Homeland Security and Governmental Affairs of the Senate;
(B) the Committee on Oversight and Reform of the
House of Representatives;
(C) the Committee on Environment and Public Works
of the Senate;
(D) the Committee on Energy and Natural Resources
of the Senate;
(E) the Committee on Energy and Commerce of the
House of Representatives;
(F) the Committee on Appropriations of the Senate;
and
(G) the Committee on Appropriations of the House
of Representatives.
(4) DIRECTOR.—The term ‘‘Director’’ means the Director
of the Office of Management and Budget.
SEC. 7233. STRATEGIC GUIDANCE.

(a) IN GENERAL.—Not later than 2 years after the date of
enactment of this Act, the Administrator, in consultation with the
Director, shall coordinate with the heads of agencies to develop
a comprehensive, strategic plan for Federal electric vehicle fleet
battery management.
(b) CONTENTS.—The strategic plan required under subsection
(a) shall—
(1) maximize both cost and environmental efficiencies; and
(2) incorporate—
(A) guidelines for optimal charging practices that will
maximize battery longevity and prevent premature degradation;
(B) guidelines for reusing and recycling the batteries
of retired vehicles;
(C) guidelines for disposing electric vehicle batteries
that cannot be reused or recycled; and

H. R. 7776—1283
(D) any other considerations determined appropriate
by the Administrator and Director.
(c) MODIFICATION.—The Administrator, in consultation with the
Director, may periodically update the strategic plan required under
subsection (a) as the Administrator and Director may determine
necessary based on new information relating to electric vehicle
batteries that becomes available.
(d) CONSULTATION.—In developing the strategic plan required
under subsection (a) the Administrator, in consultation with the
Director, may consult with appropriate entities, including—
(1) the Secretary of Energy;
(2) the Administrator of the Environmental Protection
Agency;
(3) the Chair of the Council on Environmental Quality;
(4) scientists who are studying electric vehicle batteries
and reuse and recycling solutions;
(5) laboratories, companies, colleges, universities, or startups engaged in battery use, reuse, and recycling research;
(6) industries interested in electric vehicle battery reuse
and recycling;
(7) electric vehicle equipment manufacturers and recyclers;
and
(8) any other relevant entities, as determined by the
Administrator and Director.
(e) REPORT.—
(1) IN GENERAL.—Not later than 3 years after the date
of enactment of this Act, the Administrator and the Director
shall submit to the appropriate congressional committees a
report that describes the strategic plan required under subsection (a).
(2) BRIEFING.—Not later than 4 years after the date of
enactment of this Act, the Administrator and the Director shall
brief the appropriate congressional committees on the
implementation of the strategic plan required under subsection
(a) across agencies.
SEC. 7234. STUDY OF FEDERAL FLEET VEHICLES.

Not later than 2 years after the date of enactment of this
Act, the Comptroller General of the United States shall submit
to Congress a report on how the costs and benefits of operating
and maintaining electric vehicles in the Federal fleet compare to
the costs and benefits of operating and maintaining internal
combustion engine vehicles.

Subtitle D—Congressionally Mandated
Reports
SEC. 7241. SHORT TITLE.

This subtitle may be cited as the ‘‘Access to Congressionally
Mandated Reports Act’’.
SEC. 7242. DEFINITIONS.

In this subtitle:
(1) CONGRESSIONAL LEADERSHIP.—The term ‘‘congressional
leadership’’ means the Speaker, majority leader, and minority

H. R. 7776—1284
leader of the House of Representatives and the majority leader
and minority leader of the Senate.
(2) CONGRESSIONALLY MANDATED REPORT.—
(A) IN GENERAL.—The term ‘‘congressionally mandated
report’’ means a report of a Federal agency that is required
by statute to be submitted to either House of Congress
or any committee of Congress or subcommittee thereof.
(B) EXCLUSIONS.—
(i) PATRIOTIC AND NATIONAL ORGANIZATIONS.—The
term ‘‘congressionally mandated report’’ does not
include a report required under part B of subtitle II
of title 36, United States Code.
(ii) INSPECTORS GENERAL.—The term ‘‘congressionally mandated report’’ does not include a report by
an office of an inspector general.
(iii) NATIONAL SECURITY EXCEPTION.—The term
‘‘congressionally mandated report’’ does not include a
report that is required to be submitted to one or more
of the following committees:
(I) The Select Committee on Intelligence, the
Committee on Armed Services, the Committee on
Appropriations, or the Committee on Foreign Relations of the Senate.
(II) The Permanent Select Committee on Intelligence, the Committee on Armed Services, the
Committee on Appropriations, or the Committee
on Foreign Affairs of the House of Representatives.
(3) DIRECTOR.—The term ‘‘Director’’ means the Director
of the Government Publishing Office.
(4) FEDERAL AGENCY.—The term ‘‘Federal agency’’ has the
meaning given the term ‘‘federal agency’’ under section 102
of title 40, United States Code, but does not include the Government Accountability Office or an element of the intelligence
community.
(5) INTELLIGENCE COMMUNITY.—The term ‘‘intelligence
community’’ has the meaning given that term in section 3
of the National Security Act of 1947 (50 U.S.C. 3003).
(6) REPORTS ONLINE PORTAL.—The term ‘‘reports online
portal’’ means the online portal established under section
5243(a).
SEC. 7243. ESTABLISHMENT OF ONLINE PORTAL FOR CONGRESSIONALLY MANDATED REPORTS.

(a) REQUIREMENT TO ESTABLISH ONLINE PORTAL.—
(1) IN GENERAL.—Not later than 1 year after the date
of enactment of this Act, the Director shall establish and maintain an online portal accessible by the public that allows the
public to obtain electronic copies of congressionally mandated
reports in one place.
(2) EXISTING FUNCTIONALITY.—To the extent possible, the
Director shall meet the requirements under paragraph (1) by
using existing online portals and functionality under the
authority of the Director in consultation with the Director
of National Intelligence.
(3) CONSULTATION.—In carrying out this subtitle, the
Director shall consult with congressional leadership, the Clerk
of the House of Representatives, the Secretary of the Senate,

H. R. 7776—1285
and the Librarian of Congress regarding the requirements for
and maintenance of congressionally mandated reports on the
reports online portal.
(b) CONTENT AND FUNCTION.—The Director shall ensure that
the reports online portal includes the following:
(1) Subject to subsection (c), with respect to each congressionally mandated report, each of the following:
(A) A citation to the statute requiring the report.
(B) An electronic copy of the report, including any
transmittal letter associated with the report, that—
(i) is based on an underlying open data standard
that is maintained by a standards organization;
(ii) allows the full text of the report to be searchable; and
(iii) is not encumbered by any restrictions that
would impede the reuse or searchability of the report.
(C) The ability to retrieve a report, to the extent practicable, through searches based on each, and any combination, of the following:
(i) The title of the report.
(ii) The reporting Federal agency.
(iii) The date of publication.
(iv) Each congressional committee or subcommittee
receiving the report, if applicable.
(v) The statute requiring the report.
(vi) Subject tags.
(vii) A unique alphanumeric identifier for the
report that is consistent across report editions.
(viii) The serial number, Superintendent of Documents number, or other identification number for the
report, if applicable.
(ix) Key words.
(x) Full text search.
(xi) Any other relevant information specified by
the Director.
(D) The date on which the report was required to
be submitted, and on which the report was submitted,
to the reports online portal.
(E) To the extent practicable, a permanent means of
accessing the report electronically.
(2) A means for bulk download of all congressionally mandated reports.
(3) A means for downloading individual reports as the
result of a search.
(4) An electronic means for the head of each Federal agency
to submit to the reports online portal each congressionally
mandated report of the agency, as required by sections 5244
and 5246.
(5) In tabular form, a list of all congressionally mandated
reports that can be searched, sorted, and downloaded by—
(A) reports submitted within the required time;
(B) reports submitted after the date on which such
reports were required to be submitted; and
(C) to the extent practicable, reports not submitted.
(c) NONCOMPLIANCE BY FEDERAL AGENCIES.—

H. R. 7776—1286
(1) REPORTS NOT SUBMITTED.—If a Federal agency does
not submit a congressionally mandated report to the Director,
the Director shall to the extent practicable—
(A) include on the reports online portal—
(i) the information required under clauses (i), (ii),
(iv), and (v) of subsection (b)(1)(C); and
(ii) the date on which the report was required
to be submitted; and
(B) include the congressionally mandated report on
the list described in subsection (b)(5)(C).
(2) REPORTS NOT IN OPEN FORMAT.—If a Federal agency
submits a congressionally mandated report that does not meet
the criteria described in subsection (b)(1)(B), the Director shall
still include the congressionally mandated report on the reports
online portal.
(d) DEADLINE.—The Director shall ensure that information
required to be published on the reports online portal under this
subtitle with respect to a congressionally mandated report or
information required under subsection (c) of this section is published—
(1) not later than 30 days after the information is received
from the Federal agency involved; or
(2) in the case of information required under subsection
(c), not later than 30 days after the deadline under this subtitle
for the Federal agency involved to submit information with
respect to the congressionally mandated report involved.
(e) EXCEPTION FOR CERTAIN REPORTS.—
(1) EXCEPTION DESCRIBED.—A congressionally mandated
report which is required by statute to be submitted to a committee of Congress or a subcommittee thereof, including any
transmittal letter associated with the report, shall not be submitted to or published on the reports online portal if the chair
of a committee or subcommittee to which the report is submitted
notifies the Director in writing that the report is to be withheld
from submission and publication under this subtitle.
(2) NOTICE ON PORTAL.—If a report is withheld from
submission to or publication on the reports online portal under
paragraph (1), the Director shall post on the portal—
(A) a statement that the report is withheld at the
request of a committee or subcommittee involved; and
(B) the written notification provided by the chair of
the committee or subcommittee specified in paragraph (1).
(f) FREE ACCESS.—The Director may not charge a fee, require
registration, or impose any other limitation in exchange for access
to the reports online portal.
(g) UPGRADE CAPABILITY.—The reports online portal shall be
enhanced and updated as necessary to carry out the purposes
of this subtitle.
(h) SUBMISSION TO CONGRESS.—The submission of a congressionally mandated report to the reports online portal pursuant
to this subtitle shall not be construed to satisfy any requirement
to submit the congressionally mandated report to Congress, or
a committee or subcommittee thereof.
SEC. 7244. FEDERAL AGENCY RESPONSIBILITIES.

(a) SUBMISSION OF ELECTRONIC COPIES OF REPORTS.—Not earlier than 30 days or later than 60 days after the date on which

H. R. 7776—1287
a congressionally mandated report is submitted to either House
of Congress or to any committee of Congress or subcommittee
thereof, the head of the Federal agency submitting the congressionally mandated report shall submit to the Director the information
required under subparagraphs (A) through (D) of section 5243(b)(1)
with respect to the congressionally mandated report. Notwithstanding section 5246, nothing in this subtitle shall relieve a Federal agency of any other requirement to publish the congressionally
mandated report on the online portal of the Federal agency or
otherwise submit the congressionally mandated report to Congress
or specific committees of Congress, or subcommittees thereof.
(b) GUIDANCE.—Not later than 180 days after the date of enactment of this Act, the Director of the Office of Management and
Budget, in consultation with the Director, shall issue guidance
to agencies on the implementation of this subtitle.
(c) STRUCTURE OF SUBMITTED REPORT DATA.—The head of each
Federal agency shall ensure that each congressionally mandated
report submitted to the Director complies with the guidance on
the implementation of this subtitle issued by the Director of the
Office of Management and Budget under subsection (b).
(d) POINT OF CONTACT.—The head of each Federal agency shall
designate a point of contact for congressionally mandated reports.
(e) REQUIREMENT FOR SUBMISSION.—The Director shall not publish any report through the reports online portal that is received
from anyone other than the head of the applicable Federal agency,
or an officer or employee of the Federal agency specifically designated by the head of the Federal agency.
SEC. 7245. CHANGING OR REMOVING REPORTS.

(a) LIMITATION ON AUTHORITY TO CHANGE OR REMOVE
REPORTS.—Except as provided in subsection (b), the head of the
Federal agency concerned may change or remove a congressionally
mandated report submitted to be published on the reports online
portal only if—
(1) the head of the Federal agency consults with each
committee of Congress or subcommittee thereof to which the
report is required to be submitted (or, in the case of a report
which is not required to be submitted to a particular committee
of Congress or subcommittee thereof, to each committee with
jurisdiction over the agency, as determined by the head of
the agency in consultation with the Speaker of the House
of Representatives and the President pro tempore of the Senate)
prior to changing or removing the report; and
(2) a joint resolution is enacted to authorize the change
in or removal of the report.
(b) EXCEPTIONS.—Notwithstanding subsection (a), the head of
the Federal agency concerned—
(1) may make technical changes to a report submitted
to or published on the reports online portal;
(2) may remove a report from the reports online portal
if the report was submitted to or published on the reports
online portal in error; and
(3) may withhold information, records, or reports from
publication on the reports online portal in accordance with
section 5246.

H. R. 7776—1288
SEC. 7246. WITHHOLDING OF INFORMATION.

(a) IN GENERAL.—Nothing in this subtitle shall be construed
to—
(1) require the disclosure of information, records, or reports
that are exempt from public disclosure under section 552 of
title 5, United States Code, or that are required to be withheld
under section 552a of title 5, United States Code; or
(2) impose any affirmative duty on the Director to review
congressionally mandated reports submitted for publication to
the reports online portal for the purpose of identifying and
redacting such information or records.
(b) WITHHOLDING OF INFORMATION.—
(1) IN GENERAL.—Consistent with subsection (a)(1), the
head of a Federal agency may withhold from the Director,
and from publication on the reports online portal, any information, records, or reports that are exempt from public disclosure
under section 552 of title 5, United States Code, or that are
required to be withheld under section 552a of title 5, United
States Code.
(2) NATIONAL SECURITY.—Nothing in this subtitle shall be
construed to require the publication, on the reports online
portal or otherwise, of any report containing information that
is classified, the public release of which could have a harmful
effect on national security, or that is otherwise prohibited.
(3) LAW ENFORCEMENT SENSITIVE.—Nothing in this subtitle
shall be construed to require the publication on the reports
online portal or otherwise of any congressionally mandated
report—
(A) containing information that is law enforcement sensitive; or
(B) that describe information security policies, procedures, or activities of the executive branch.
(c) RESPONSIBILITY FOR WITHHOLDING OF INFORMATION.—In
publishing congressionally mandated reports to the reports online
portal in accordance with this subtitle, the head of each Federal
agency shall be responsible for withholding information pursuant
to the requirements of this section.
SEC. 7247. IMPLEMENTATION.

(a) REPORTS SUBMITTED TO CONGRESS.—
(1) IN GENERAL.—This subtitle shall apply with respect
to any congressionally mandated report which—
(A) is required by statute to be submitted to the House
of Representatives, or the Speaker thereof, or the Senate,
or the President or President Pro Tempore thereof, at any
time on or after the date of the enactment of this Act;
or
(B) is included by the Clerk of the House of Representatives or the Secretary of the Senate (as the case may
be) on the list of reports received by the House of Representatives or the Senate (as the case may be) at any
time on or after the date of the enactment of this Act.
(2) TRANSITION RULE FOR PREVIOUSLY SUBMITTED
REPORTS.—To the extent practicable, the Director shall ensure
that any congressionally mandated report described in paragraph (1) which was required to be submitted to Congress

H. R. 7776—1289
by a statute enacted before the date of the enactment of this
Act is published on the reports online portal under this subtitle.
(b) REPORTS SUBMITTED TO COMMITTEES.—In the case of
congressionally mandated reports which are required by statute
to be submitted to a committee of Congress or a subcommittee
thereof, this subtitle shall apply with respect to—
(1) any such report which is first required to be submitted
by a statute which is enacted on or after the date of the
enactment of this Act; and
(2) to the maximum extent practical, any congressionally
mandated report which was required to be submitted by a
statute enacted before the date of enactment of this Act
unless—
(A) the chair of the committee, or subcommittee
thereof, to which the report was required to be submitted
notifies the Director in writing that the report is to be
withheld from publication; and
(B) the Director publishes the notification on the
reports online portal.
(c) ACCESS FOR CONGRESSIONAL LEADERSHIP.—Notwithstanding
any provision of this subtitle or any other provision of law, congressional leadership shall have access to any congressionally mandated
report.
SEC. 7248. DETERMINATION OF BUDGETARY EFFECTS.

The budgetary effects of this subtitle, for the purpose of complying with the Statutory Pay-As-You-Go-Act of 2010, shall be determined by reference to the latest statement titled ‘‘Budgetary Effects
of PAYGO Legislation’’ for this subtitle, submitted for printing
in the Congressional Record by the Chairman of the Senate Budget
Committee, provided that such statement has been submitted prior
to the vote on passage.

TITLE LXXIII—TRANSPORTATION AND
INFRASTRUCTURE MATTERS
Subtitle A—Global Catastrophic Risk Management Act of 2022
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

7301.
7302.
7303.
7304.
7305.
7306.
7307.
7308.
7309.

Short title.
Definitions.
Assessment of global catastrophic risk.
Report required.
Enhanced catastrophic incident annex.
Validation of the strategy through an exercise.
Recommendations.
Reporting requirements.
Rules of construction.
Subtitle B—Technological Hazards Preparedness and Training

Sec. 7311. Short title.
Sec. 7312. Definitions.
Sec. 7313. Assistance and training for communities with technological hazards and
related emerging threats.
Sec. 7314. Authorization of appropriations.
Sec. 7315. Savings provision.
Subtitle C—Other Matters
Sec. 7321. Crisis counseling assistance and training.

H. R. 7776—1290

Subtitle A—Global Catastrophic Risk
Management Act of 2022
SEC. 7301. SHORT TITLE.

This subtitle may be cited as the ‘‘Global Catastrophic Risk
Management Act of 2022’’.
SEC. 7302. DEFINITIONS.

In this subtitle:
(1) ADMINISTRATOR.—The term ‘‘Administrator’’ means the
Administrator of the Federal Emergency Management Agency.
(2) BASIC NEED.—The term ‘‘basic need’’—
(A) means any good, service, or activity necessary to
protect the health, safety, and general welfare of the
civilian population of the United States; and
(B) includes—
(i) food;
(ii) water;
(iii) shelter;
(iv) basic communication services;
(v) basic sanitation and health services; and
(vi) public safety.
(3) CATASTROPHIC INCIDENT.—The term ‘‘catastrophic
incident’’—
(A) means any natural or man-made disaster that
results in extraordinary levels of casualties or damage,
mass evacuations, or disruption severely affecting the population, infrastructure, environment, economy, national
morale, or government functions in an area; and
(B) may include an incident—
(i) with a sustained national impact over a prolonged period of time;
(ii) that may rapidly exceed resources available
to State and local government and private sector
authorities in the impacted area; or
(iii) that may significantly interrupt governmental
operations and emergency services to such an extent
that national security could be threatened.
(4) CRITICAL INFRASTRUCTURE.—The term ‘‘critical infrastructure’’ has the meaning given such term in section 1016(e)
of the Critical Infrastructure Protection Act of 2001 (42 U.S.C.
5195c(e)).
(5) EXISTENTIAL RISK.—The term ‘‘existential risk’’ means
the potential for an outcome that would result in human extinction.
(6) GLOBAL CATASTROPHIC RISK.—The term ‘‘global catastrophic risk’’ means the risk of events or incidents consequential enough to significantly harm or set back human civilization
at the global scale.
(7) GLOBAL CATASTROPHIC AND EXISTENTIAL THREATS.—The
term ‘‘global catastrophic and existential threats’’ means threats
that with varying likelihood may produce consequences severe
enough to result in systemic failure or destruction of critical
infrastructure or significant harm to human civilization. Examples of global catastrophic and existential threats include severe
global pandemics, nuclear war, asteroid and comet impacts,

H. R. 7776—1291
supervolcanoes, sudden and severe changes to the climate, and
intentional or accidental threats arising from the use and
development of emerging technologies.
(8) INDIAN TRIBAL GOVERNMENT.—The term ‘‘Indian Tribal
government’’ has the meaning given the term ‘‘Indian tribal
government’’ in section 102 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5122).
(9) LOCAL GOVERNMENT; STATE.—The terms ‘‘local government’’ and ‘‘State’’ have the meanings given such terms in
section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122).
(10) NATIONAL EXERCISE PROGRAM.—The term ‘‘national
exercise program’’ means activities carried out to test and
evaluate the national preparedness goal and related plans and
strategies as described in section 648(b) of the Post-Katrina
Emergency Management Reform Act of 2006 (6 U.S.C. 748(b)).
(11) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of Homeland Security.
SEC. 7303. ASSESSMENT OF GLOBAL CATASTROPHIC RISK.

(a) IN GENERAL.—The Secretary and the Administrator shall
coordinate an assessment of global catastrophic risk.
(b) COORDINATION.—When coordinating the assessment under
subsection (a), the Secretary and the Administrator shall coordinate
with senior designees of—
(1) the Assistant to the President for National Security
Affairs;
(2) the Director of the Office of Science and Technology
Policy;
(3) the Secretary of State and the Under Secretary of
State for Arms Control and International Security;
(4) the Attorney General and the Director of the Federal
Bureau of Investigation;
(5) the Secretary of Energy, the Under Secretary of Energy
for Nuclear Security, and the Director of Science;
(6) the Secretary of Health and Human Services, the Assistant Secretary for Preparedness and Response, and the Assistant
Secretary of Global Affairs;
(7) the Secretary of Commerce, the Under Secretary of
Commerce for Oceans and Atmosphere, and the Under Secretary of Commerce for Standards and Technology;
(8) the Secretary of the Interior and the Director of the
United States Geological Survey;
(9) the Administrator of the Environmental Protection
Agency and the Assistant Administrator for Water;
(10) the Administrator of the National Aeronautics and
Space Administration;
(11) the Director of the National Science Foundation;
(12) the Secretary of the Treasury;
(13) the Secretary of Defense, the Assistant Secretary of
the Army for Civil Works, and the Chief of Engineers and
Commanding General of the Army Corps of Engineers;
(14) the Chairman of the Joint Chiefs of Staff;
(15) the Administrator of the United States Agency for
International Development;
(16) the Secretary of Transportation; and

H. R. 7776—1292
(17) other stakeholders the Secretary and the Administrator determine appropriate.
SEC. 7304. REPORT REQUIRED.

(a) IN GENERAL.—Not later than 1 year after the date of enactment of this Act, and every 10 years thereafter, the Secretary,
in coordination with the Administrator, shall submit to the Committee on Homeland Security and Governmental Affairs and the
Committee on Armed Services of the Senate and the Committee
on Transportation and Infrastructure and the Committee on Armed
Services of the House of Representatives a report containing a
detailed assessment, based on the input and coordination required
under section 7303, of global catastrophic and existential risk.
(b) MATTERS COVERED.—Each report required under subsection
(a) shall include—
(1) expert estimates of cumulative global catastrophic and
existential risk in the next 30 years, including separate estimates for the likelihood of occurrence and potential consequences;
(2) expert-informed analyses of the risk of the most concerning specific global catastrophic and existential threats,
including separate estimates, where reasonably feasible and
credible, of each threat for its likelihood of occurrence and
its potential consequences, as well as associated uncertainties;
(3) a comprehensive list of potential catastrophic or existential threats, including even those that may have very low
likelihood;
(4) technical assessments and lay explanations of the analyzed global catastrophic and existential risks, including their
qualitative character and key factors affecting their likelihood
of occurrence and potential consequences;
(5) an explanation of any factors that limit the ability
of the Secretary to assess the risk both cumulatively and for
particular threats, and how those limitations may be overcome
through future research or with additional resources, programs,
or authorities;
(6) a forecast of if and why global catastrophic and existential risk is likely to increase or decrease significantly in the
next 10 years, both qualitatively and quantitatively, as well
as a description of associated uncertainties;
(7) proposals for how the Federal Government may more
adequately assess global catastrophic and existential risk on
an ongoing basis in future years;
(8) recommendations for legislative actions, as appropriate,
to support the evaluation and assessment of global catastrophic
and existential risk; and
(9) other matters deemed appropriate by the Secretary,
in coordination with the Administrator, and based on the input
and coordination required under section 7303.
(c) CONSULTATION REQUIREMENT.—In producing the report
required under subsection (a), the Secretary shall—
(1) regularly consult with experts on severe global
pandemics, nuclear war, asteroid and comet impacts, supervolcanoes, sudden and severe changes to the climate, and intentional or accidental threats arising from the use and development of emerging technologies; and

H. R. 7776—1293
(2) share information gained through the consultation
required under paragraph (1) with relevant Federal partners
listed in section 7303(b).
SEC. 7305. ENHANCED CATASTROPHIC INCIDENT ANNEX.

(a) IN GENERAL.—The Secretary, in coordination with the
Administrator and the Federal partners listed in section 7303(b),
shall supplement each Federal Interagency Operational Plan to
include an annex containing a strategy to ensure the health, safety,
and general welfare of the civilian population affected by catastrophic incidents by—
(1) providing for the basic needs of the civilian population
of the United States that is impacted by catastrophic incidents
in the United States;
(2) coordinating response efforts with State, local, and
Indian Tribal governments, the private sector, and nonprofit
relief organizations;
(3) promoting personal and local readiness and non-reliance
on government relief during periods of heightened tension or
after catastrophic incidents; and
(4) developing international partnerships with allied
nations for the provision of relief services and goods.
(b) ELEMENTS OF THE STRATEGY.—The strategy required under
subsection (a) shall include a description of—
(1) actions the Federal Government should take to ensure
the basic needs of the civilian population of the United States
in a catastrophic incident are met;
(2) how the Federal Government should coordinate with
non-Federal entities to multiply resources and enhance relief
capabilities, including—
(A) State and local governments;
(B) Indian Tribal governments;
(C) State disaster relief agencies;
(D) State and local disaster relief managers;
(E) State National Guards;
(F) law enforcement and first response entities; and
(G) nonprofit relief services;
(3) actions the Federal Government should take to enhance
individual resiliency to the effects of a catastrophic incident,
which actions shall include—
(A) readiness alerts to the public during periods of
elevated threat;
(B) efforts to enhance domestic supply and availability
of critical goods and basic necessities; and
(C) information campaigns to ensure the public is
aware of response plans and services that will be activated
when necessary;
(4) efforts the Federal Government should undertake and
agreements the Federal Government should seek with international allies to enhance the readiness of the United States
to provide for the general welfare;
(5) how the strategy will be implemented should multiple
levels of critical infrastructure be destroyed or taken offline
entirely for an extended period of time; and
(6) the authorities the Federal Government should
implicate in responding to a catastrophic incident.

H. R. 7776—1294
(c) ASSUMPTIONS.—In designing the strategy under subsection
(a), the Secretary, in coordination with the Administrator and the
Federal partners listed in section 7303(b), shall account for certain
factors to make the strategy operationally viable, including the
assumption that—
(1) multiple levels of critical infrastructure have been taken
offline or destroyed by catastrophic incidents or the effects
of catastrophic incidents;
(2) impacted sectors may include—
(A) the transportation sector;
(B) the communication sector;
(C) the energy sector;
(D) the healthcare and public health sector; and
(E) the water and wastewater sector;
(3) State, local, Indian Tribal, and territorial governments
have been equally affected or made largely inoperable by catastrophic incidents or the effects of catastrophic incidents;
(4) the emergency has exceeded the response capabilities
of State, local, and Indian Tribal governments under the Robert
T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq.) and other relevant disaster response laws;
and
(5) the United States military is sufficiently engaged in
armed or cyber conflict with State or non-State adversaries,
or is otherwise unable to augment domestic response capabilities in a significant manner due to a catastrophic incident.
SEC. 7306. VALIDATION OF THE STRATEGY THROUGH AN EXERCISE.

Not later than 1 year after the addition of the annex required
under section 7305, the Administrator shall lead an exercise as
part of the national exercise program to test and enhance the
operationalization of the strategy required under section 7305.
SEC. 7307. RECOMMENDATIONS.

(a) IN GENERAL.—The Secretary, in coordination with the
Administrator and the Federal partners listed in section 7303(b)
of this title, shall provide recommendations to Congress for—
(1) actions that should be taken to prepare the United
States to implement the strategy required under section 7305,
increase readiness, and address preparedness gaps for
responding to the impacts of catastrophic incidents on citizens
of the United States; and
(2) additional authorities that should be considered for
Federal agencies to more effectively implement the strategy
required under section 7305.
(b) INCLUSION IN REPORTS.—The Secretary may include the
recommendations required under subsection (a) in a report submitted under section 7308.
SEC. 7308. REPORTING REQUIREMENTS.

Not later than 1 year after the date on which the Administrator
leads the exercise under section 7306, the Secretary, in coordination
with the Administrator, shall submit to Congress a report that
includes—
(1) a description of the efforts of the Secretary and the
Administrator to develop and update the strategy required
under section 7305; and

H. R. 7776—1295
(2) an after-action report following the conduct of the exercise described in section 7306.
SEC. 7309. RULES OF CONSTRUCTION.

(a) ADMINISTRATOR.—Nothing in this subtitle shall be construed
to supersede the civilian emergency management authority of the
Administrator under the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5121 et seq.) or the Post
Katrina Emergency Management Reform Act (6 U.S.C. 701 et seq.).
(b) SECRETARY.—Nothing in this subtitle shall be construed
as providing new authority to the Secretary, except to coordinate
and facilitate the development of the assessments and reports
required pursuant to this subtitle.

Subtitle B—Technological Hazards
Preparedness and Training
SEC. 7311. SHORT TITLE.

This subtitle may be cited as the ‘‘Technological Hazards
Preparedness and Training Act of 2022’’.
SEC. 7312. DEFINITIONS.

In this subtitle:
(1) ADMINISTRATOR.—The term ‘‘Administrator’’ means the
Administrator of the Federal Emergency Management Agency.
(2) INDIAN TRIBAL GOVERNMENT.—The term ‘‘Indian Tribal
government’’ has the meaning given the term ‘‘Indian tribal
government’’ in section 102 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5122).
(3) LOCAL GOVERNMENT; STATE.—The terms ‘‘local government’’ and ‘‘State’’ have the meanings given such terms in
section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122).
(4) TECHNOLOGICAL HAZARD AND RELATED EMERGING
THREAT.—The term ‘‘technological hazard and related emerging
threat’’—
(A) means a hazard that involves materials created
by humans that pose a unique hazard to the general public
and environment and which may result from—
(i) an accident;
(ii) an emergency caused by another hazard; or
(iii) intentional use of the hazardous materials;
and
(B) includes a chemical, radiological, biological, and
nuclear hazard.
SEC. 7313. ASSISTANCE AND TRAINING FOR COMMUNITIES WITH
TECHNOLOGICAL HAZARDS AND RELATED EMERGING
THREATS.

(a) IN GENERAL.—The Administrator shall maintain the
capacity to provide States, local, and Indian Tribal governments
with technological hazards and related emerging threats technical
assistance, training, and other preparedness programming to build
community resilience to technological hazards and related emerging
threats.

H. R. 7776—1296
(b) AUTHORITIES.—The Administrator shall carry out subsection
(a) in accordance with—
(1) the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.);
(2) section 1236 of the Disaster Recovery Reform Act of
2018 (42 U.S.C. 5196g); and
(3) the Post-Katrina Emergency Management Reform Act
of 2006 (Public Law 109–295; 120 Stat. 1394).
(c) ASSESSMENT AND NOTIFICATION.—In carrying out subsection
(a), the Administrator shall—
(1) use any available and appropriate multi-hazard risk
assessment and mapping tools and capabilities to identify the
communities that have the highest risk of and vulnerability
to a technological hazard in each State; and
(2) ensure each State and Indian Tribal government is
aware of—
(A) the communities identified under paragraph (1);
and
(B) the availability of programming under this section
for—
(i) technological hazards and related emerging
threats preparedness; and
(ii) building community capability.
(d) REPORT.—Not later than 1 year after the date of enactment
of this Act, and annually thereafter, the Administrator shall submit
to the Committee on Homeland Security and Governmental Affairs
of the Senate, the Committee on Appropriations of the Senate,
the Committee on Energy and Natural Resources of the Senate,
the Committee on Health, Education, Labor, and Pensions of the
Senate, the Committee on Energy and Commerce of the House
of Representatives, the Committee on Homeland Security of the
House of Representatives, the Committee on Appropriations of the
House of Representatives, and the Committee on Transportation
and Infrastructure of the House of Representatives a report relating
to—
(1) actions taken to implement this section; and
(2) technological hazards and related emerging threats
preparedness programming provided under this section during
the 1-year period preceding the date of submission of the report.
(e) CONSULTATION.—The Secretary of Homeland Security may
seek continuing input relating to technological hazards and related
emerging threats preparedness needs by consulting State, Tribal,
territorial, and local emergency services organizations and private
sector stakeholders.
(f) COORDINATION.—The Secretary of Homeland Security shall
coordinate with the Secretary of Energy relating to technological
hazard preparedness and training for a hazard that could result
from activities or facilities authorized or licensed by the Department
of Energy.
(g) NON-DUPLICATION OF EFFORT.—In carrying out activities
under subsection (a), the Administrator shall ensure that such
activities do not unnecessarily duplicate efforts of other Federal
departments or agencies, including programs within the Department of Health and Human Services.

H. R. 7776—1297
SEC. 7314. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated to carry out this subtitle $20,000,000 for each of fiscal years 2023 through 2024.
SEC. 7315. SAVINGS PROVISION.

Nothing in this subtitle shall diminish or divert resources
from—
(1) the full completion of federally-led chemical surety
material storage missions or chemical demilitarization missions
that are underway as of the date of enactment of this Act;
or
(2) any transitional activities or other community assistance incidental to the completion of the missions described
in paragraph (1).

Subtitle C—Other Matters
SEC. 7321. CRISIS COUNSELING ASSISTANCE AND TRAINING.

(a) FEDERAL EMERGENCY ASSISTANCE.—Section 502(a)(6) of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5192(a)(6)) is amended by inserting ‘‘and section 416’’
after ‘‘section 408’’.
(b) APPLICABILITY.—The amendment made by subsection (a)
shall only apply to amounts appropriated on or after the date
of enactment of this Act.

DIVISION H—WATER RESOURCES
TITLE LXXXI—WATER RESOURCES
DEVELOPMENT ACT OF 2022
SEC. 8001. SHORT TITLE; TABLE OF CONTENTS.

(a) SHORT TITLE.—This title may be cited as the ‘‘Water
Resources Development Act of 2022’’.
(b) TABLE OF CONTENTS.—The table of contents for this title
is as follows:
Sec. 8001. Short title; table of contents.
Sec. 8002. Secretary defined.
Subtitle A—General Provisions
Federal breakwaters and jetties.
Emergency response to natural disasters.
Shoreline and riverbank protection and restoration mission.
Floodplain management services.
Public recreational amenities in ecosystem restoration projects.
Scope of feasibility studies.
Water supply conservation.
Managed aquifer recharge study and working group.
Updates to certain water control manuals.
National coastal mapping study.
Tribal partnership program.
Tribal Liaison.
Tribal assistance.
Cost sharing provisions for the territories and Indian Tribes.
Tribal and Economically Disadvantaged Communities Advisory Committee.
Sec. 8116. Workforce planning.
Sec. 8117. Corps of Engineers support for underserved communities; outreach.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

8101.
8102.
8103.
8104.
8105.
8106.
8107.
8108.
8109.
8110.
8111.
8112.
8113.
8114.
8115.

H. R. 7776—1298
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

8118.
8119.
8120.
8121.
8122.
8123.
8124.
8125.

Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

8126.
8127.
8128.
8129.
8130.
8131.

Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

8132.
8133.
8134.
8135.
8136.
8137.
8138.
8139.
8140.
8141.

Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

8142.
8143.
8144.
8145.
8146.
8147.
8148.
8149.
8150.
8151.

Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

8152.
8153.
8154.
8155.
8156.
8157.
8158.
8159.
8160.
8161.
8162.

Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

8201.
8202.
8203.
8204.
8205.
8206.

Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

8207.
8208.
8209.
8210.
8211.
8212.
8213.
8214.
8215.
8216.
8217.
8218.
8219.

Pilot programs for certain communities.
Technical assistance.
Technical assistance for levee inspections.
Assessment of Corps of Engineers levees.
National low-head dam inventory.
Expediting hydropower at Corps of Engineers facilities.
Reserve component training at water resources development projects.
Payment of pay and allowances of certain officers from appropriation for
improvements.
Maintenance dredging permits.
Environmental dredging.
Assessment of regional confined aquatic disposal facilities.
Studies for periodic nourishment.
Beneficial use of dredged material; management plans.
Criteria for funding operation and maintenance of small, remote, and
subsistence harbors.
Additional projects for underserved community harbors.
Inland waterways regional dredge pilot program.
NEPA reporting.
Funding to process permits.
Lease durations.
Reforestation.
Emergency streambank and shoreline protection.
Lease deviations.
Policy and technical standards.
Corps records relating to harmful algal blooms in Lake Okeechobee,
Florida.
Forecasting models for the Great Lakes.
Monitoring and assessment program for saline lakes in the Great Basin.
Chattahoochee River program.
Lower Mississippi River Basin demonstration program.
Washington Aqueduct.
Water infrastructure public-private partnership pilot program.
Advance payment in lieu of reimbursement for certain Federal costs.
Use of other Federal funds.
Non-Federal Interest Advisory Committee.
Materials, services, and funds for repair, restoration, or rehabilitation of
certain public recreation facilities.
Rehabilitation of pump stations.
Report to Congress on Corps of Engineers reservoirs.
Temporary relocation assistance pilot program.
Continuation of construction.
Federal interest determination.
Inland waterway projects.
Corps of Engineers Western Water Cooperative Committee.
Support of Army civil works missions.
Civil works research and development.
Sense of Congress on operations and maintenance of recreation sites.
Sense of Congress relating to post-disaster repairs.
Subtitle B—Studies and Reports
Authorization of proposed feasibility studies.
Expedited completion.
Expedited modifications of existing feasibility studies.
Corps of Engineers reservoir sedimentation assessment.
Report and recommendations on dredge capacity.
Assessment of impacts from changing operation and maintenance responsibilities.
Maintenance dredging data.
Western infrastructure study.
Recreation and economic development at Corps facilities in Appalachia.
Ouachita River watershed, Arkansas and Louisiana.
Report on Santa Barbara streams, Lower Mission Creek, California.
Disposition study on Salinas Dam and Reservoir, California.
Excess lands report for Whittier Narrows Dam, California.
Comprehensive central and southern Florida study.
Northern estuaries ecosystem restoration, Florida.
Study on shellfish habitat and seagrass, Florida Central Gulf Coast.
Report on South Florida ecosystem restoration plan implementation.
Great Lakes recreational boating.
Hydraulic evaluation of Upper Mississippi River and Illinois River.

H. R. 7776—1299
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

8220.
8221.
8222.
8223.
8224.
8225.
8226.
8227.
8228.
8229.
8230.
8231.

Sec. 8232.
Sec. 8233.
Sec. 8234.
Sec. 8235.
Sec. 8236.
Sec. 8237.

Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

8301.
8302.
8303.
8304.
8305.
8306.
8307.
8308.
8309.
8310.
8311.
8312.
8313.
8314.
8315.

Sec. 8316.
Sec. 8317.
Sec. 8318.
Sec. 8319.
Sec. 8320.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

8321.
8322.
8323.
8324.
8325.
8326.
8327.
8328.
8329.
8330.
8331.
8332.
8333.
8334.
8335.
8336.
8337.

Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

8338.
8339.
8340.
8341.
8342.
8343.

Disposition study on hydropower in the Willamette Valley, Oregon.
Houston Ship Channel Expansion Channel Improvement Project, Texas.
Sabine–Neches waterway navigation improvement project, Texas.
Norfolk Harbor and Channels, Virginia.
Coastal Virginia, Virginia.
West Virginia hydropower.
Electronic preparation and submission of applications.
Investments for recreation areas.
Automated fee machines.
Review of recreational hazards.
Assessment of coastal flooding mitigation modeling and testing capacity.
Report on socially and economically disadvantaged small business concerns.
Report on solar energy opportunities.
Report to Congress on economic valuation of preservation of open space,
recreational areas, and habitat associated with project lands.
Report on corrosion prevention activities.
Report to Congress on easements related to water resources development projects.
GAO studies.
Assessment of forest, rangeland, and watershed restoration services on
lands owned by the Corps of Engineers.
Subtitle C—Deauthorizations and Modifications
Deauthorization of inactive projects.
Watershed and river basin assessments.
Forecast-informed reservoir operations.
Lakes program.
Invasive species.
Maintenance of navigation channels.
Project reauthorizations.
Special rule for certain beach nourishment projects.
Columbia River Basin.
Evaluation of hydrologic changes in Souris River Basin.
Acequias irrigation systems.
Port of Nome, Alaska.
St. George, Alaska.
Unalaska (Dutch Harbor) Channels, Alaska.
Storm damage prevention and reduction, coastal erosion, and ice and
glacial damage, Alaska.
St. Francis Lake Control Structure.
South Platte River and Tributaries, Adams and Denver Counties, Colorado.
Fruitvale Avenue Railroad Bridge, Alameda, California.
Los Angeles County, California.
Deauthorization of designated portions of the Los Angeles County Drainage Area, California.
Murrieta Creek, California.
Sacramento River Basin, California.
San Diego River and Mission Bay, San Diego County, California.
Additional assistance for Eastern Santa Clara Basin, California.
San Francisco Bay, California.
South San Francisco Bay Shoreline, California.
Delaware shore protection and restoration.
St. Johns River Basin, Central and Southern Florida.
Little Pass, Clearwater Bay, Florida.
Comprehensive Everglades Restoration Plan, Florida.
Palm Beach Harbor, Florida.
Port Everglades, Florida.
South Florida Ecosystem Restoration Task Force.
New Savannah Bluff Lock and Dam, Georgia and South Carolina.
Little Wood River, Gooding, Idaho.
Chicago shoreline protection.
Great Lakes and Mississippi River Interbasin project, Brandon Road,
Will County, Illinois.
Southeast Des Moines, Southwest Pleasant Hill, Iowa.
City of El Dorado, Kansas.
Algiers Canal Levees, Louisiana.
Mississippi River Gulf Outlet, Louisiana.
Camp Ellis, Saco, Maine.
Lower Mississippi River comprehensive management study.

H. R. 7776—1300
Sec. 8344. Upper Mississippi River protection.
Sec. 8345. Upper Mississippi River restoration program.
Sec. 8346. Water level management on the Upper Mississippi River and Illinois
Waterway.
Sec. 8347. Mississippi Delta Headwaters, Mississippi.
Sec. 8348. Sense of Congress relating to Okatibbee Lake, Mississippi.
Sec. 8349. Argentine, East Bottoms, Fairfax-Jersey Creek, and North Kansas Levees units, Missouri River and tributaries at Kansas Cities, Missouri and
Kansas.
Sec. 8350. Lower Missouri River streambank erosion control evaluation and demonstration projects.
Sec. 8351. Missouri River interception-rearing complexes.
Sec. 8352. Missouri River mitigation project, Missouri, Kansas, Iowa, and Nebraska.
Sec. 8353. Northern Missouri.
Sec. 8354. Israel River, Lancaster, New Hampshire.
Sec. 8355. Middle Rio Grande flood protection, Bernalillo to Belen, New Mexico.
Sec. 8356. Ecosystem restoration, Hudson–Raritan Estuary, New York and New
Jersey.
Sec. 8357. Arkansas River corridor, Oklahoma.
Sec. 8358. Copan Lake, Oklahoma.
Sec. 8359. Southwestern Oregon.
Sec. 8360. Yaquina River, Oregon.
Sec. 8361. Lower Blackstone River, Rhode Island.
Sec. 8362. Charleston Harbor, South Carolina.
Sec. 8363. Colleton County, South Carolina.
Sec. 8364. Ensley levee, Tennessee.
Sec. 8365. Wolf River Harbor, Tennessee.
Sec. 8366. Addicks and Barker Reservoirs, Texas.
Sec. 8367. North Padre Island, Corpus Christi Bay, Texas.
Sec. 8368. Nueces County, Texas.
Sec. 8369. Lake Champlain Canal, Vermont and New York.
Sec. 8370. Rehabilitation of Corps of Engineers constructed dams.
Sec. 8371. Puget Sound nearshore ecosystem restoration, Washington.
Sec. 8372. Lower Mud River, Milton, West Virginia.
Sec. 8373. Northern West Virginia.
Sec. 8374. Southern West Virginia.
Sec. 8375. Environmental infrastructure.
Sec. 8376. Additional assistance for critical projects.
Sec. 8377. Conveyances.
Sec. 8378. Land transfer and trust land for Choctaw Nation of Oklahoma.
Sec. 8379. John P. Murtha Locks and Dam.
Sec. 8380. Treatment of certain benefits and costs.
Sec. 8381. Debris removal.
Sec. 8382. General reauthorizations.
Sec. 8383. Transfer of excess credit.
Sec. 8384. Treatment of credit between projects.
Sec. 8385. Non-Federal payment flexibility.
Sec. 8386. Coastal community flood control and other purposes.
Sec. 8387. National levee safety program.
Sec. 8388. Surplus water contracts and water storage agreements.
Sec. 8389. Water supply storage repair, rehabilitation, and replacement costs.
Sec. 8390. Abandoned and inactive noncoal mine restoration.
Sec. 8391. Asian carp prevention and control pilot program.
Sec. 8392. Enhanced development program.
Sec. 8393. Recreational opportunities at certain projects.
Sec. 8394. Federal assistance.
Sec. 8395. Mississippi River mat sinking unit.
Sec. 8396. Sense of Congress on lease agreement.
Sec. 8397. Expedited completion of projects and studies.
Subtitle D—Water Resources Infrastructure
Sec. 8401. Project authorizations.
Sec. 8402. Special rules.
Sec. 8403. Facility investment.
SEC. 8002. SECRETARY DEFINED.

In this title, the term ‘‘Secretary’’ means the Secretary of the
Army.

H. R. 7776—1301

Subtitle A—General Provisions
SEC. 8101. FEDERAL BREAKWATERS AND JETTIES.

(a) IN GENERAL.—In carrying out repair or maintenance activity
of a Federal jetty or breakwater associated with an authorized
navigation project, the Secretary shall, notwithstanding the authorized dimensions of the jetty or breakwater, ensure that such repair
or maintenance activity is sufficient to meet the authorized purpose
of such project, including ensuring that any harbor or inland harbor
associated with the project is protected from projected changes
in wave action or height (including changes that result from relative
sea level change over the useful life of the project).
(b) CLASSIFICATION OF ACTIVITY.—The Secretary may not classify any repair or maintenance activity of a Federal jetty or breakwater carried out under subsection (a) as major rehabilitation of
such jetty or breakwater—
(1) if the Secretary determines that—
(A) projected changes in wave action or height,
including changes that result from relative sea level
change, will diminish the functionality of the jetty or breakwater to meet the authorized purpose of the project; and
(B) such repair or maintenance activity is necessary
to restore such functionality; or
(2) if—
(A) the Secretary has not carried out regular and routine Federal maintenance activity at the jetty or breakwater; and
(B) the structural integrity of the jetty or breakwater
is degraded as a result of a lack of such regular and
routine Federal maintenance activity.
SEC. 8102. EMERGENCY RESPONSE TO NATURAL DISASTERS.

(a) IN GENERAL.—Section 5(a)(1) of the Act of August 18, 1941
(33 U.S.C. 701n(a)(1)) is amended by striking ‘‘in the repair and
restoration of any federally authorized hurricane or shore protective
structure’’ and all that follows through ‘‘non-Federal sponsor.’’ and
inserting ‘‘in the repair and restoration of any federally authorized
hurricane or shore protective structure or project damaged or
destroyed by wind, wave, or water action of other than an ordinary
nature to the pre-storm level of protection, to the design level
of protection, or, notwithstanding the authorized dimensions of
the structure or project, to a level sufficient to meet the authorized
purpose of such structure or project, whichever provides greater
protection, when, in the discretion of the Chief of Engineers, such
repair and restoration is warranted for the adequate functioning
of the structure or project for hurricane or shore protection,
including to ensure the structure or project is functioning adequately to protect against projected changes in wave action or
height or storm surge (including changes that result from relative
sea level change over the useful life of the structure or project),
subject to the condition that the Chief of Engineers may, if
requested by the non-Federal sponsor, include modifications to the
structure or project (including the addition of new project features)
to address major deficiencies, increase resilience, increase benefits
from the reduction of damages from inundation, wave action, or

H. R. 7776—1302
erosion, or implement nonstructural alternatives to the repair or
restoration of the structure.’’.
(b) GREAT LAKES ADVANCE MEASURES ASSISTANCE.—
(1) IN GENERAL.—The Secretary shall not deny a request
from the Governor of a Great Lakes State to provide advance
measures assistance pursuant to section 5(a) of the Act of
August 18, 1941 (33 U.S.C. 701n(a)) to reduce the risk of
damage from rising water levels in the Great Lakes solely
on the basis that the damage is caused by erosion.
(2) FEDERAL SHARE.—Assistance provided by the Secretary
pursuant to a request described in paragraph (1) shall be at
Federal expense if the assistance is for the construction of
advance measures to a temporary construction standard.
(3) GREAT LAKES STATE DEFINED.—In this subsection, the
term ‘‘Great Lakes State’’ means the State of Illinois, Indiana,
Michigan, Minnesota, New York, Ohio, Pennsylvania, or Wisconsin.
SEC. 8103. SHORELINE AND RIVERBANK PROTECTION AND RESTORATION MISSION.

(a) IN GENERAL.—Section 212 of the Water Resources Development Act of 1999 (33 U.S.C. 2332) is amended—
(1) in the section heading, by striking ‘‘FLOOD MITIGATION
AND RIVERINE RESTORATION PROGRAM’’ and inserting ‘‘SHORELINE AND RIVERINE PROTECTION AND RESTORATION’’;
(2) by striking subsection (a) and inserting the following:
‘‘(a) IN GENERAL.—The Secretary may carry out studies and
projects to—
‘‘(1) reduce flood and hurricane and storm damage hazards;
or
‘‘(2) restore the natural functions and values of rivers and
shorelines throughout the United States.’’;
(3) in subsection (b)—
(A) by striking paragraph (1) and inserting the following:
‘‘(1) AUTHORITY.—
‘‘(A) STUDIES.—In carrying out subsection (a), the Secretary may carry out studies to identify appropriate measures for—
‘‘(i) the reduction of flood and hurricane and storm
damage hazards, including measures for erosion mitigation and bank stabilization; or
‘‘(ii) the conservation and restoration of the natural
functions and values of rivers and shorelines.
‘‘(B) PROJECTS.—Subject to subsection (f)(2), in carrying
out subsection (a), the Secretary may design and implement
projects described in subsection (a).’’;
(B) in paragraph (3), by striking ‘‘flood damages’’ and
inserting ‘‘flood and hurricane and storm damages,
including the use of natural features or nature-based features’’; and
(C) in paragraph (4)—
(i) by inserting ‘‘and hurricane and storm’’ after
‘‘flood’’;
(ii) by inserting ‘‘, shoreline,’’ after ‘‘riverine’’; and
(iii) by inserting ‘‘and coastal barriers’’ after
‘‘floodplains’’;

H. R. 7776—1303
(4) in subsection (c)—
(A) in paragraph (1), by inserting ‘‘, except that the
first $200,000 of the costs of a study conducted under
this section shall be at Federal expense’’ before the period;
(B) in paragraph (2)—
(i) in the paragraph heading, by striking ‘‘FLOOD
CONTROL’’; and
(ii) by striking subparagraph (A) and inserting
the following:
‘‘(A) IN GENERAL.—Design and construction of a project
under this section that includes a nonstructural measure,
a natural feature or nature-based feature, or an environmental restoration measure, shall be subject to cost sharing
in accordance with section 103 of the Water Resources
Development Act of 1986 (33 U.S.C. 2213), except that
the non-Federal share of the cost to design and construct
such a project benefitting an economically disadvantaged
community (including economically disadvantaged communities located in urban and rural areas) shall be 10 percent.’’; and
(C) in paragraph (3)—
(i) in the paragraph heading, by inserting ‘‘OR
HURRICANE AND STORM DAMAGE REDUCTION’’ after
‘‘FLOOD CONTROL’’;
(ii) by inserting ‘‘or hurricane and storm damage
reduction’’ after ‘‘flood control’’ ; and
(iii) by striking ‘‘section 103(a) of the Water
Resources Development Act of 1986 (33 U.S.C.
2213(a))’’ and inserting ‘‘section 103 of the Water
Resources Development Act of 1986 (33 U.S.C. 2213),
except that the non-Federal share of the cost to design
and construct such a project benefitting an economically disadvantaged community (including economically
disadvantaged communities located in urban and rural
areas) shall be 10 percent’’;
(5) by striking subsection (d) and inserting the following:
‘‘(d) PROJECT JUSTIFICATION.—Notwithstanding any requirement for economic justification established under section 209 of
the Flood Control Act of 1970 (42 U.S.C. 1962–2), the Secretary
may implement a project under this section if the Secretary determines that the project—
‘‘(1) will significantly reduce potential flood, hurricane and
storm, or erosion damages;
‘‘(2) will improve the quality of the environment; and
‘‘(3) is justified considering all costs and beneficial outputs
of the project.’’;
(6) in subsection (e)—
(A) in the subsection heading, by striking ‘‘PRIORITY
AREAS’’ and inserting ‘‘AREAS FOR EXAMINATION’’;
(B) by redesignating paragraphs (1) through (33) as
subparagraphs (A) through (GG), respectively, and
adjusting the margins appropriately;
(C) by striking ‘‘In carrying out’’ and inserting the
following:
‘‘(1) IN GENERAL.—In carrying out’’; and
(D) by adding at the end the following:

H. R. 7776—1304
‘‘(2) PRIORITY PROJECTS.—In carrying out this section, the
Secretary shall prioritize projects for the following locations:
‘‘(A) Delaware beaches and watersheds, Delaware.
‘‘(B) Louisiana Coastal Area, Louisiana.
‘‘(C) Great Lakes Shores and Watersheds.
‘‘(D) Oregon Coastal Area and Willamette River basin,
Oregon.
‘‘(E) Upper Missouri River Basin.
‘‘(F) Ohio River Tributaries and their watersheds, West
Virginia.
‘‘(G) Chesapeake Bay watershed and Maryland
beaches, Maryland.
‘‘(H) City of Southport, North Carolina.
‘‘(I) Maumee River, Ohio.
‘‘(J) Los Angeles and San Gabriel Rivers, California.
‘‘(K) Kentucky River and its tributaries and watersheds.’’;
(7) by striking subsections (f), (g), and (i);
(8) by redesignating subsection (h) as subsection (f);
(9) in subsection (f) (as so redesignated), by striking paragraph (2) and inserting the following:
‘‘(2) PROJECTS REQUIRING SPECIFIC AUTHORIZATION.—If the
Federal share of the cost to design and construct a project
under this section exceeds $15,000,000, the Secretary may only
carry out the project if Congress enacts a law authorizing
the Secretary to carry out the project.’’; and
(10) by adding at the end the following:
‘‘(g) DEFINITIONS.—In this section:
‘‘(1) ECONOMICALLY DISADVANTAGED COMMUNITY.—The
term ‘economically disadvantaged community’ has the meaning
given the term as defined by the Secretary under section 160
of the Water Resources Development Act of 2020 (33 U.S.C.
2201 note).
‘‘(2) NATURAL FEATURE; NATURE-BASED FEATURE.—The
terms ‘natural feature’ and ‘nature-based feature’ have the
meanings given those terms in section 1184(a) of the Water
Resources Development Act of 2016 (33 U.S.C. 2289a(a)).’’.
(b) CLERICAL AMENDMENT.—The table of contents contained
in section 1(b) of the Water Resources Development Act of 1999
(113 Stat. 269) is amended by striking the item relating to section
212 and inserting the following:
‘‘Sec. 212. Shoreline and riverine protection and restoration.’’.
SEC. 8104. FLOODPLAIN MANAGEMENT SERVICES.

Section 206 of the Flood Control Act of 1960 (33 U.S.C. 709a)
is amended—
(1) by striking ‘‘SEC. 206. (a) In recognition’’ and inserting
the following:
‘‘SEC. 206. INFORMATION ON FLOODS AND FLOOD DAMAGE.

‘‘(a) COMPILATION AND DISSEMINATION.—
‘‘(1) IN GENERAL.—In recognition’’;
(2) in subsection (a)—
(A) in the second sentence, by striking ‘‘Surveys and
guides’’ and inserting the following:
‘‘(2) SURVEYS AND GUIDES.—Surveys and guides’’;

H. R. 7776—1305
(B) in the first sentence, by inserting ‘‘identification
of areas subject to floods due to accumulated snags and
other debris,’’ after ‘‘inundation by floods of various magnitudes and frequencies,’’; and
(C) by adding at the end the following:
‘‘(3) IDENTIFICATION OF ASSISTANCE.—
‘‘(A) IN GENERAL.—To the maximum extent practicable,
in providing assistance under this subsection, the Secretary
shall identify and communicate to States and non-Federal
interests specific opportunities to partner with the Corps
of Engineers to address flood hazards.
‘‘(B) COORDINATION.—The Secretary shall coordinate
activities under this paragraph with activities described
in section 22 of the Water Resources Development Act
of 1974 (42 U.S.C. 1962d–16).’’;
(3) by redesignating subsection (d) as subsection (e); and
(4) by inserting after subsection (c) the following:
‘‘(d) INSTITUTIONS OF HIGHER EDUCATION.—Notwithstanding
section 4141 of title 10, United States Code, in carrying out this
section, the Secretary may work with an institution of higher education, as determined appropriate by the Secretary.’’.
SEC. 8105. PUBLIC RECREATIONAL AMENITIES IN ECOSYSTEM RESTORATION PROJECTS.

At the request of a non-Federal interest, the Secretary is
authorized to study the incorporation of public recreational amenities, including facilities for hiking, biking, walking, and waterborne
recreation, into a project for ecosystem restoration, including a
project carried out under section 206 of the Water Resources
Development Act of 1996 (33 U.S.C. 2330), if the incorporation
of such amenities would be consistent with the ecosystem restoration purposes of the project.
SEC. 8106. SCOPE OF FEASIBILITY STUDIES.

(a) FLOOD RISK MANAGEMENT OR HURRICANE AND STORM DAMRISK REDUCTION.—In carrying out a feasibility study for a
project for flood risk management or hurricane and storm damage
risk reduction, the Secretary, at the request of the non-Federal
interest for the study, shall formulate alternatives to maximize
the net benefits from the reduction of the comprehensive flood
risk within the geographic scope of the study from the isolated
and compound effects of—
(1) a riverine discharge of any magnitude or frequency;
(2) inundation, wave attack, and erosion coinciding with
a hurricane or coastal storm;
(3) flooding associated with tidally influenced portions of
rivers, bays, and estuaries that are hydrologically connected
to the coastal water body;
(4) a rainfall event of any magnitude or frequency;
(5) a tide of any magnitude or frequency;
(6) seasonal variation in water levels;
(7) groundwater emergence;
(8) sea level rise;
(9) subsidence; or
(10) any other driver of flood risk affecting the area within
the geographic scope of the study.
(b) WATER SUPPLY, WATER CONSERVATION, AND DROUGHT RISK
REDUCTION.—In carrying out a feasibility study for any purpose,
AGE

H. R. 7776—1306
the Secretary, at the request of the non-Federal interest for the
study, shall formulate alternatives—
(1) to maximize combined net benefits for the primary
purpose of the study and for the purposes of water supply
or water conservation (including the use of water supply conservation measures described in section 1116 of the Water
Resources Development Act of 2016 (130 Stat. 1639)); or
(2) to include 1 or more measures for the purposes of
water supply or water conservation if the Secretary determines
that such measures may reduce potential adverse impacts of
extreme weather events, including drought, on water resources
within the geographic scope of the study.
(c) COST SHARING.—All costs to carry out a feasibility study
in accordance with this section shall be shared in accordance with
the cost share requirements otherwise applicable to the study.
SEC. 8107. WATER SUPPLY CONSERVATION.

Section 1116 of the Water Resources Development Act of 2016
(130 Stat. 1639) is amended—
(1) in subsection (a), in the matter preceding paragraph
(1), by striking ‘‘during the 1-year period ending on the date
of enactment of this Act’’ and inserting ‘‘for any portion of
any 2 consecutive or nonconsecutive years during the 10-year
period preceding a request from a non-Federal interest for
assistance under this section’’; and
(2) in subsection (b)(4), by inserting ‘‘, including measures
utilizing a natural feature or nature-based feature (as those
terms are defined in section 1184(a)) to reduce drought risk’’
after ‘‘water supply’’.
SEC. 8108. MANAGED AQUIFER RECHARGE STUDY AND WORKING
GROUP.

(a) ASSESSMENT.—
(1) IN GENERAL.—The Secretary shall, in consultation with
applicable non-Federal interests, conduct a national assessment
of carrying out managed aquifer recharge projects to address
drought, water resiliency, and aquifer depletion at authorized
water resources development projects.
(2) REQUIREMENTS.—In carrying out paragraph (1), the Secretary shall—
(A) assess and identify opportunities to support nonFederal interests, including Tribal communities, in carrying
out managed aquifer recharge projects; and
(B) assess preliminarily local hydrogeologic conditions
relevant to carrying out managed aquifer recharge projects.
(3) COORDINATION.—In carrying out paragraph (1), the Secretary shall coordinate, as appropriate, with the heads of other
Federal agencies, States, regional governmental agencies, units
of local government, experts in managed aquifer recharge, and
Tribes.
(b) FEASIBILITY STUDIES.—
(1) AUTHORIZATION.—The Secretary is authorized to carry
out feasibility studies, at the request of a non-Federal interest,
of managed aquifer recharge projects in areas that are experiencing, or have recently experienced, prolonged drought conditions, aquifer depletion, or water supply scarcity.
(2) LIMITATION.—The Secretary may carry out not more
than 10 feasibility studies under this subsection.

H. R. 7776—1307
(3) USE OF INFORMATION.—The Secretary shall, to the maximum extent practicable, use information gathered from the
assessment conducted under subsection (a) in identifying and
selecting feasibility studies to carry out under this subsection.
(4) COST SHARE.—The Federal share of the cost of a feasibility study carried out under this subsection shall be 90 percent.
(c) WORKING GROUP.—
(1) IN GENERAL.—Not later than 180 days after the date
of enactment of this Act, the Secretary shall establish a managed aquifer recharge working group made up of subject matter
experts within the Corps of Engineers and relevant non-Federal
stakeholders.
(2) COMPOSITION.—In establishing the working group under
paragraph (1), the Secretary shall ensure that members of
the working group have expertise working with—
(A) projects providing water supply storage to meet
regional water supply demand, particularly in regions
experiencing drought;
(B) the protection of groundwater supply, including
promoting infiltration and increased recharge in groundwater basins, and groundwater quality;
(C) aquifer storage, recharge, and recovery wells;
(D) dams that provide recharge enhancement benefits;
(E) groundwater hydrology;
(F) conjunctive use water systems; and
(G) agricultural water resources, including the use of
aquifers for irrigation purposes.
(3) DUTIES.—The working group established under this
subsection shall—
(A) advise the Secretary regarding the development
and execution of the assessment under subsection (a) and
any feasibility studies under subsection (b);
(B) assist Corps of Engineers offices at the headquarter, division, and district levels with raising awareness
of non-Federal interests of the potential benefits of carrying
out managed aquifer recharge projects; and
(C) assist with the development of the report required
to be submitted under subsection (d).
(d) REPORT TO CONGRESS.—Not later than 2 years after the
date of enactment of this Act, the Secretary shall submit to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public
Works of the Senate a report on managed aquifer recharge that
includes—
(1) the results of the assessment conducted under subsection (a) and any feasibility studies carried out under subsection (b), including data collected under such assessment
and studies and any recommendations on managed aquifer
recharge opportunities for non-Federal interests, States, local
governments, and Tribes;
(2) a status update on the implementation of the recommendations included in the report of the U.S. Army Corps
of Engineers Institute for Water Resources entitled ‘‘Managed
Aquifer Recharge and the U.S. Army Corps of Engineers: Water
Security through Resilience’’, published in April 2020 (2020–
WP–01); and

H. R. 7776—1308
(3) an evaluation of the benefits of creating a new or
modifying an existing planning center of expertise for managed
aquifer recharge, and identify potential locations for such a
center of expertise, if feasible.
(e) SAVINGS PROVISION.—Nothing in this section affects the
non-Federal share of the cost of construction of a managed aquifer
recharge project under section 103 of the Water Resources Development Act of 1986 (33 U.S.C. 2213) or any other provision of law.
(f) DEFINITIONS.—In this section:
(1) MANAGED AQUIFER RECHARGE.—The term ‘‘managed
aquifer recharge’’ means the intentional banking and treatment
of water in aquifers for storage and future use.
(2) MANAGED AQUIFER RECHARGE PROJECT.—The term
‘‘managed aquifer recharge project’’ means a project to incorporate managed aquifer recharge features into a water
resources development project.
SEC. 8109. UPDATES TO CERTAIN WATER CONTROL MANUALS.

On request of the Governor of a State for which the Governor
declared a statewide drought disaster in 2021, the Secretary is
authorized to update water control manuals for water resources
development projects under the authority of the Secretary in the
State, with priority given to those projects that include water supply
or water conservation as an authorized purpose.
SEC. 8110. NATIONAL COASTAL MAPPING STUDY.

(a) IN GENERAL.—The Secretary, acting through the Director
of the Engineer Research and Development Center, is authorized
to carry out a study of coastal geographic land changes, with recurring national coastal mapping technology, along the coastal zone
of the United States to support Corps of Engineers missions.
(b) STUDY.—In carrying out the study under subsection (a),
the Secretary shall identify—
(1) new or advanced geospatial information and remote
sensing tools for coastal mapping;
(2) best practices for coastal change mapping; and
(3) how to most effectively—
(A) collect and analyze such advanced geospatial
information;
(B) disseminate such geospatial information to relevant
offices of the Corps of Engineers, other Federal agencies,
States, Tribes, and local governments; and
(C) make such geospatial information available to other
stakeholders.
(c) DEMONSTRATION PROJECT.—
(1) PROJECT AREA.—In carrying out the study under subsection (a), the Secretary shall carry out a demonstration project
in the coastal region covering the North Carolina coastal
waters, connected bays, estuaries, rivers, streams, and creeks,
to their tidally influenced extent inland.
(2) SCOPE.—In carrying out the demonstration project, the
Secretary shall—
(A) identify and study potential hazards, such as
debris, sedimentation, dredging effects, and flood areas;
(B) identify best practices described in subsection (b)(2),
including best practices relating to geographical coverage
and frequency of mapping;

H. R. 7776—1309
(C) evaluate and demonstrate relevant mapping technologies to identify which are the most effective for regional
mapping of the transitional areas between the open coast
and inland waters; and
(D) demonstrate remote sensing tools for coastal mapping.
(d) COORDINATION.—In carrying out this section, the Secretary
shall coordinate with other Federal and State agencies that are
responsible for authoritative data and academic institutions and
other entities with relevant expertise.
(e) PANEL.—
(1) ESTABLISHMENT.—In carrying out this section, the Secretary shall establish a panel of senior leaders from the Corps
of Engineers and other Federal agencies that are stakeholders
in the coastal mapping program carried out through the Engineer Research and Development Center.
(2) DUTIES.—The panel established under this subsection
shall—
(A) coordinate the collection of data under the study
carried out under this section;
(B) coordinate the use of geospatial information and
remote sensing tools, and the application of the best practices identified under the study, by Federal agencies; and
(C) identify technical topics and challenges that require
multiagency collaborative research and development.
(f) USE OF EXISTING INFORMATION.—In carrying out this section,
the Secretary shall consider any relevant information developed
under section 516(g) of the Water Resources Development Act of
1996 (33 U.S.C. 2326b(g)).
(g) REPORT.—Not later than 18 months after the date of enactment of this Act, the Secretary shall submit to the Committee
on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of
the Senate a report that describes—
(1) the results of the study carried out under this section;
and
(2) any geographical areas recommended for additional
study.
(h) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to carry out this section $25,000,000, to remain
available until expended.
SEC. 8111. TRIBAL PARTNERSHIP PROGRAM.

Section 203 of the Water Resources Development Act of 2000
(33 U.S.C. 2269) is amended—
(1) in subsection (a), by striking ‘‘(25 U.S.C. 450b)’’ and
inserting ‘‘(25 U.S.C. 5304)’’;
(2) in subsection (b)—
(A) in paragraph (2)—
(i) in subparagraph (A)—
(I) by inserting ‘‘hurricane and storm’’ after
‘‘flood’’; and
(II) by inserting ‘‘including erosion control,’’
after ‘‘reduction,’’;
(ii) in subparagraph (B), by striking ‘‘and’’ at the
end;

H. R. 7776—1310
(iii) by redesignating subparagraph (C) as subparagraph (D); and
(iv) by inserting after subparagraph (B) the following:
‘‘(C) technical assistance to an Indian tribe, including—
‘‘(i) assistance for planning to ameliorate flood hazards, to avoid repetitive flood impacts, to anticipate,
prepare, and adapt to changing hydrological and climatic conditions and extreme weather events, and to
withstand, respond to, and recover rapidly from disruption due to flood hazards; and
‘‘(ii) the provision of, and integration into planning
of, hydrologic, economic, and environmental data and
analyses; and’’;
(B) in paragraph (3), by adding at the end the following:
‘‘(C) INITIAL COSTS.—The first $200,000 of the costs
of a study under this section shall be at Federal expense.’’;
(C) in paragraph (4)—
(i) in subparagraph (A), by striking ‘‘$18,500,000’’
and inserting ‘‘$26,000,000’’; and
(ii) in subparagraph (B), by striking ‘‘$18,500,000’’
and inserting ‘‘$26,000,000’’; and
(D) by adding at the end the following:
‘‘(5)
PROJECT
JUSTIFICATION.—Notwithstanding
any
requirement for economic justification established under section
209 of the Flood Control Act of 1970 (42 U.S.C. 1962–2), the
Secretary may implement a project (other than a project for
ecosystem restoration) under this section if the Secretary determines that the project will—
‘‘(A) significantly reduce potential flood or hurricane
and storm damage hazards (which may be limited to hazards that may be addressed by measures for erosion mitigation or bank stabilization);
‘‘(B) improve the quality of the environment;
‘‘(C) reduce risks to life safety associated with the
hazards described in subparagraph (A); and
‘‘(D) improve the long-term viability of the community.’’;
(3) in subsection (d)—
(A) in paragraph (5)(B)—
(i) by striking ‘‘non-Federal’’ and inserting ‘‘Federal’’; and
(ii) by striking ‘‘50 percent’’ and inserting ‘‘100
percent’’; and
(B) by adding at the end the following:
‘‘(6) TECHNICAL ASSISTANCE.—The Federal share of the cost
of activities described in subsection (b)(2)(C) shall be 100 percent.’’; and
(4) in subsection (e), by striking ‘‘2024’’ and inserting
‘‘2033’’.
SEC. 8112. TRIBAL LIAISON.

(a) IN GENERAL.—Beginning not later than 1 year after the
date of enactment of this Act, the District Commander for each
Corps of Engineers district that contains a Tribal community shall
have on staff a Tribal Liaison.

H. R. 7776—1311
(b) DUTIES.—Each Tribal Liaison shall make recommendations
to the applicable District Commander regarding, and be responsible
for—
(1) removing barriers to access to, and participation in,
Corps of Engineers programs for Tribal communities, including
by improving implementation of section 103(m) of the Water
Resources Development Act of 1986 (33 U.S.C. 2213(m));
(2) improving outreach to, and engagement with, Tribal
communities about relevant Corps of Engineers programs and
services;
(3) identifying and engaging with Tribal communities suffering from water resources challenges;
(4) improving, expanding, and facilitating government-togovernment consultation between Tribal communities and the
Corps of Engineers;
(5) coordinating and implementing all relevant Tribal consultation policies and associated guidelines, including the
requirements of section 112 of the Water Resources Development Act of 2020 (33 U.S.C. 2356);
(6) training and tools to facilitate the ability of Corps
of Engineers staff to effectively engage with Tribal communities
in a culturally competent manner, especially in regards to
lands of ancestral, historic, or cultural significance to a Tribal
community, including burial sites; and
(7) such other issues identified by the Secretary.
(c) UNIFORMITY.—Not later than 120 days after the date of
enactment of this Act, the Secretary shall finalize guidelines for—
(1) a position description for Tribal Liaisons; and
(2) required qualifications for Tribal Liaisons, including
experience and expertise relating to Tribal communities and
water resource issues.
(d) FUNDING.—Funding for the position of Tribal Liaison shall
be allocated from the budget line item provided for the expenses
necessary for the supervision and general administration of the
civil works program, and filling the position shall not be dependent
on any increase in this budget line item.
(e) DEFINITIONS.—In this section:
(1) TRIBAL COMMUNITY.—The term ‘‘Tribal community’’
means a community of people who are recognized and defined
under Federal law as indigenous people of the United States.
(2) TRIBAL LIAISON.—The term ‘‘Tribal Liaison’’ means a
permanent employee of a Corps of Engineers district whose
primary responsibilities are to—
(A) serve as a direct line of communication between
the District Commander and the Tribal communities within
the boundaries of the Corps of Engineers district; and
(B) ensure consistency in government-to-government
relations.
SEC. 8113. TRIBAL ASSISTANCE.

(a) CLARIFICATION OF EXISTING AUTHORITY.—
(1) IN GENERAL.—Subject to paragraph (2), the Secretary,
in consultation with the heads of relevant Federal agencies,
the Confederated Tribes of the Warm Springs Reservation of
Oregon, the Confederated Tribes and Bands of the Yakama
Nation, the Nez Perce Tribe, and the Confederated Tribes of
the Umatilla Indian Reservation, shall revise and carry out

H. R. 7776—1312
the village development plan for The Dalles Dam, Columbia
River, Washington and Oregon, as authorized by section 204
of the Flood Control Act of 1950 (chapter 188, 64 Stat. 179),
to comprehensively address adverse impacts to Indian villages,
housing sites, and related structures as a result of the construction of The Dalles Dam, Bonneville Dam, McNary Dam, and
John Day Dam, Washington and Oregon.
(2) EXAMINATION.—Before carrying out the requirements
of paragraph (1), the Secretary shall conduct an examination
and assessment of the extent to which Indian villages, housing
sites, and related structures were displaced or destroyed by
the construction of the following projects:
(A) Bonneville Dam, Columbia River, Oregon, as
authorized by the first section of the Act of August 30,
1935 (chapter 831, 49 Stat. 1038) and the first section
and section 2(a) of the Act of August 20, 1937 (16 U.S.C.
832, 832a(a)).
(B) McNary Dam, Columbia River, Washington and
Oregon, as authorized by section 2 of the Act of March
2, 1945 (chapter 19, 59 Stat. 22).
(C) John Day Dam, Columbia River, Washington and
Oregon, as authorized by section 204 of the Flood Control
Act of 1950 (chapter 188, 64 Stat. 179).
(3) REQUIREMENTS.—The village development plan under
paragraph (1) shall include, at a minimum—
(A) an evaluation of sites on both sides of the Columbia
River;
(B) an assessment of suitable Federal land and land
owned by the States of Washington and Oregon; and
(C) an estimated cost and tentative schedule for the
construction of each housing development.
(4) LOCATION OF ASSISTANCE.—The Secretary may provide
housing and related assistance under this subsection at 1 or
more village sites in the States of Washington and Oregon.
(b) PROVISION OF ASSISTANCE ON FEDERAL LAND.—The Secretary may construct housing or provide related assistance on land
owned by the United States in carrying out the village development
plan under subsection (a)(1).
(c) ACQUISITION AND DISPOSAL OF LAND.—
(1) IN GENERAL.—Subject to subsection (d), the Secretary
may acquire land or interests in land for the purpose of providing housing and related assistance in carrying out the village
development plan under subsection (a)(1).
(2) ADVANCE ACQUISITION.—Acquisition of land or interests
in land under paragraph (1) may be carried out in advance
of completion of all required documentation and receipt of all
required clearances for the construction of housing or related
improvements on the land.
(3) DISPOSAL OF UNSUITABLE LAND.—If the Secretary determines that any land or interest in land acquired by the Secretary under paragraph (2) is unsuitable for that housing or
for those related improvements, the Secretary may—
(A) dispose of the land or interest in land by sale;
and
(B) credit the proceeds to the appropriation, fund, or
account used to purchase the land or interest in land.

H. R. 7776—1313
(d) LIMITATION.—The Secretary shall only acquire land from
willing landowners in carrying out this section.
(e) COOPERATIVE AGREEMENTS.—The Secretary may enter into
a cooperative agreement with a Tribe described in subsection (a)(1),
or with a Tribal organization of such a Tribe, to provide funds
to the Tribe to construct housing or provide related assistance
in carrying out the village development plan under such subsection.
(f) CONVEYANCE AUTHORIZED.—Upon completion of construction
at a village site under this section, the Secretary may, without
consideration, convey the village site and the improvements located
thereon to a Tribe described in subsection (a)(1), or to a Tribal
organization of such a Tribe.
(g) CONFORMING AMENDMENT.—Section 1178(c) of the Water
Resources Development Act of 2016 (130 Stat. 1675; 132 Stat.
3781) is repealed.
SEC. 8114. COST SHARING PROVISIONS FOR THE TERRITORIES AND
INDIAN TRIBES.

Section 1156 of the Water Resources Development Act of 1986
(33 U.S.C. 2310) is amended—
(1) in subsection (a)—
(A) in paragraph (1), by striking ‘‘and’’ at the end;
(B) in paragraph (2), by striking the period at the
end and inserting ‘‘; and’’ ; and
(C) by adding at the end the following:
‘‘(3) for any organization that—
‘‘(A) is composed primarily of people who are—
‘‘(i) recognized and defined under Federal law as
indigenous people of the United States; and
‘‘(ii) from a specific community; and
‘‘(B) assists in the social, cultural, and educational
development of such people in that community.’’; and
(2) by adding at the end the following:
‘‘(c) INCLUSION.—For purposes of this section, the term ‘study’
includes a watershed assessment.
‘‘(d) APPLICATION.—The Secretary shall apply the waiver
amount described in subsection (a) to reduce only the non-Federal
share of study and project costs.’’.
SEC. 8115. TRIBAL AND ECONOMICALLY DISADVANTAGED COMMUNITIES ADVISORY COMMITTEE.

(a) ESTABLISHMENT.—Not later than 90 days after the date
of enactment of this Act, the Secretary shall establish a committee,
to be known as the ‘‘Tribal and Economically Disadvantaged
Communities Advisory Committee’’, to develop and make recommendations to the Secretary and the Chief of Engineers on
activities and actions that should be undertaken by the Corps
of Engineers to ensure more effective delivery of water resources
development projects, programs, and other assistance to Indian
Tribes and economically disadvantaged communities, including
economically disadvantaged communities located in urban and rural
areas.
(b) MEMBERSHIP.—The Committee shall be composed of members, appointed by the Secretary, who have the requisite experiential or technical knowledge needed to address issues related to
the water resources needs and challenges of economically disadvantaged communities and Indian Tribes, including—

H. R. 7776—1314
(1) 5 individuals representing organizations with expertise
in environmental policy, rural water resources, economically
disadvantaged communities, Tribal rights, or civil rights; and
(2) 5 individuals, each representing a non-Federal interest
for a Corps of Engineers project.
(c) DUTIES.—
(1) RECOMMENDATIONS.—The Committee shall provide
advice and make recommendations to the Secretary and the
Chief of Engineers to assist the Corps of Engineers in—
(A) efficiently and effectively delivering solutions to
the needs and challenges of water resources development
projects for economically disadvantaged communities and
Indian Tribes;
(B) integrating consideration of economically disadvantaged communities and Indian Tribes, where applicable,
in the development of water resources development projects
and programs of the Corps of Engineers; and
(C) improving the capability and capacity of the
workforce of the Corps of Engineers to assist economically
disadvantaged communities and Indian Tribes.
(2) MEETINGS.—The Committee shall meet as appropriate
to develop and make recommendations under paragraph (1).
(3) REPORT.—Recommendations made under paragraph (1)
shall be—
(A) included in a report submitted to the Committee
on Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the
House of Representatives; and
(B) made publicly available, including on a publicly
available website.
(d) INDEPENDENT JUDGMENT.—Any recommendation made by
the Committee to the Secretary and the Chief of Engineers under
subsection (c)(1) shall reflect the independent judgment of the Committee.
(e) ADMINISTRATION.—
(1) COMPENSATION.—Except as provided in paragraph (3),
the members of the Committee shall serve without compensation.
(2) TRAVEL EXPENSES.—The members of the Committee
shall receive travel expenses, including per diem in lieu of
subsistence, in accordance with applicable provisions under
subchapter I of chapter 57 of title 5, United States Code.
(3) TREATMENT.—The members of the Committee shall not
be considered to be Federal employees, and the meetings and
reports of the Committee shall not be considered a major Federal action under the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.).
(f) DEFINITIONS.—In this section:
(1) COMMITTEE.—The term ‘‘Committee’’ means the Tribal
and Economically Disadvantaged Communities Advisory Committee established under subsection (a).
(2) ECONOMICALLY DISADVANTAGED COMMUNITY.—The term
‘‘economically disadvantaged community’’ has the meaning
given the term as defined by the Secretary under section 160
of the Water Resources Development Act of 2020 (33 U.S.C.
2201 note).

H. R. 7776—1315
(3) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ has the
meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).
SEC. 8116. WORKFORCE PLANNING.

(a) AUTHORIZATION.—The Secretary is authorized to carry out
activities, at Federal expense—
(1) to foster, enhance, and support science, technology,
engineering, and math education and awareness; and
(2) to recruit individuals for careers at the Corps of Engineers.
(b) PARTNERING ENTITIES.—In carrying out activities under this
section, the Secretary may enter into partnerships with—
(1) public elementary and secondary schools, including
charter schools;
(2) community colleges;
(3) technical schools; and
(4) colleges and universities, including historically Black
colleges and universities.
(c) PRIORITIZATION.—The Secretary shall, to the maximum
extent practicable, prioritize the recruitment of individuals under
this section that are from economically disadvantaged communities
(as defined by the Secretary under section 160 of the Water
Resources Development Act of 2020 (33 U.S.C. 2201 note)), including
economically disadvantaged communities located in urban and rural
areas.
(d) DEFINITION OF HISTORICALLY BLACK COLLEGE OR UNIVERSITY.—In this section, the term ‘‘historically Black college or university’’ has the meaning given the term ‘‘part B institution’’ in section
322 of the Higher Education Act of 1965 (20 U.S.C. 1061).
(e) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to carry out this section $20,000,000 for each
of fiscal years 2023 through 2027.
SEC. 8117. CORPS OF ENGINEERS SUPPORT FOR UNDERSERVED
COMMUNITIES; OUTREACH.

(a) IN GENERAL.—It is the policy of the United States for
the Corps of Engineers to strive to understand and accommodate
and, in coordination with non-Federal interests, seek to address
the water resources development needs of all communities in the
United States.
(b) OUTREACH AND ACCESS.—
(1) IN GENERAL.—The Secretary shall, at Federal expense,
develop, support, and implement public awareness, education,
and regular outreach and engagement efforts for potential nonFederal interests with respect to the water resources development authorities of the Secretary, with particular emphasis
on—
(A) technical service programs, including the authorities under—
(i) section 206 of the Flood Control Act of 1960
(33 U.S.C. 709a);
(ii) section 22 of the Water Resources Development
Act of 1974 (42 U.S.C. 1962d–16); and
(iii) section 203 of the Water Resources Development Act of 2000 (33 U.S.C. 2269); and

H. R. 7776—1316
(B) continuing authority programs, as such term is
defined in section 7001(c)(1)(D) of the Water Resources
Reform and Development Act of 2014 (33 U.S.C. 2282d).
(2) IMPLEMENTATION.—In carrying out this subsection, the
Secretary shall—
(A) develop and make publicly available (including on
a publicly available website), technical assistance materials, guidance, and other information with respect to the
water resources development authorities of the Secretary;
(B) establish and make publicly available (including
on a publicly available website), an appropriate point of
contact at each district and division office of the Corps
of Engineers for inquiries from potential non-Federal
interests relating to the water resources development
authorities of the Secretary;
(C) conduct regular outreach and engagement,
including through hosting seminars and community
information sessions, with local elected officials, community
organizations, and previous and potential non-Federal
interests, on opportunities to address local water resources
challenges through the water resources development
authorities of the Secretary;
(D) issue guidance for, and provide technical assistance
through technical service programs to, non-Federal
interests to assist such interests in pursuing technical services and developing proposals for water resources development projects; and
(E) provide, at the request of a non-Federal interest,
assistance with researching and identifying existing project
authorizations or authorities to address local water
resources challenges.
(3) PRIORITIZATION.—In carrying out this subsection, the
Secretary shall, to the maximum extent practicable, prioritize
awareness, education, and outreach and engagement to
economically disadvantaged communities (as defined by the
Secretary under section 160 of the Water Resources Development Act of 2020 (33 U.S.C. 2201 note)), including economically
disadvantaged communities located in urban and rural areas.
(4) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to carry out this section $30,000,000
for each fiscal year.
SEC. 8118. PILOT PROGRAMS FOR CERTAIN COMMUNITIES.

(a) PILOT PROGRAMS ON THE FORMULATION OF CORPS OF ENGINEERS PROJECTS IN RURAL COMMUNITIES AND ECONOMICALLY DISADVANTAGED COMMUNITIES.—Section 118 of the Water Resources
Development Act of 2020 (33 U.S.C. 2201 note) is amended—
(1) in subsection (b)(2)—
(A) in subparagraph (A), by striking ‘‘publish’’ and
inserting ‘‘annually publish’’; and
(B) in subparagraph (C), by striking ‘‘select’’ and
inserting ‘‘, subject to the availability of appropriations,
annually select’’; and
(2) in subsection (c)(2), in the matter preceding subparagraph (A), by striking ‘‘projects’’ and inserting ‘‘projects
annually’’.

H. R. 7776—1317
(b) PILOT PROGRAM FOR CONTINUING AUTHORITY PROJECTS IN
SMALL OR DISADVANTAGED COMMUNITIES.—Section 165(a) of the
Water Resources Development Act of 2020 (33 U.S.C. 2201 note)
is amended in paragraph (2)(B), by striking ‘‘10’’ and inserting
‘‘20’’.
SEC. 8119. TECHNICAL ASSISTANCE.

(a) PLANNING ASSISTANCE TO STATES.—Section 22 of the Water
Resources Development Act of 1974 (42 U.S.C. 1962d–16) is
amended—
(1) in subsection (a)—
(A) in paragraph (1)—
(i) by inserting ‘‘local government,’’ after ‘‘State
or group of States,’’; and
(ii) by inserting ‘‘local government,’’ after ‘‘such
State, interest,’’;
(B) in paragraph (3), by striking ‘‘section 236 of title
10’’ and inserting ‘‘section 4141 of title 10’’; and
(C) by adding at the end the following:
‘‘(4) PRIORITIZATION.—To the maximum extent practicable,
the Secretary shall prioritize the provision of assistance under
this subsection to address both inland and coastal life safety
risks.’’;
(2) in subsection (c)(2), by striking ‘‘$15,000,000’’ and
inserting ‘‘$30,000,000’’; and
(3) in subsection (f)—
(A) by striking ‘‘The cost-share for assistance’’ and
inserting the following:
‘‘(1) TRIBES AND TERRITORIES.—The cost-share for assistance’’; and
(B) by adding at the end the following:
‘‘(2) ECONOMICALLY DISADVANTAGED COMMUNITIES.—Notwithstanding subsection (b)(1) and the limitation in section
1156 of the Water Resources Development Act of 1986, as
applicable pursuant to paragraph (1) of this subsection, the
Secretary is authorized to waive the collection of fees for any
local government to which assistance is provided under subsection (a) that the Secretary determines is an economically
disadvantaged community, as defined by the Secretary under
section 160 of the Water Resources Development Act of 2020
(33 U.S.C. 2201 note) (including economically disadvantaged
communities located in urban and rural areas).’’.
(b) WATERSHED PLANNING AND TECHNICAL ASSISTANCE.—In providing assistance under section 22 of the Water Resources Development Act of 1974 (42 U.S.C. 1962d–16) or pursuant to section
206 of the Flood Control Act of 1960 (33 U.S.C. 709a), the Secretary
shall, upon request, provide such assistance at a watershed scale.
SEC. 8120. TECHNICAL ASSISTANCE FOR LEVEE INSPECTIONS.

In any instance where the Secretary requires, as a condition
of eligibility for Federal assistance under section 5 of the Act
of August 18, 1941 (33 U.S.C. 701n), that a non-Federal sponsor
of a flood control project undertake an electronic inspection of
the portion of such project that is under normal circumstances
submerged, the Secretary shall provide to the non-Federal sponsor
credit or reimbursement for the cost of carrying out such inspection
against the non-Federal share of the cost of repair or restoration
of such project carried out under such section.

H. R. 7776—1318
SEC. 8121. ASSESSMENT OF CORPS OF ENGINEERS LEVEES.

(a) IN GENERAL.—The Secretary shall periodically conduct
assessments of federally authorized levees under the jurisdiction
of the Corps of Engineers, to evaluate the potential Federal interest
in the modification (including realignment or incorporation of natural features and nature-based features, as such terms are defined
in section 1184(a) of the Water Resources Development Act of
2016 (33 U.S.C. 2289a(a))) of levee systems to meet one or more
of the following objectives:
(1) Increasing the flood risk reduction benefits of such
systems.
(2) Achieving greater flood resiliency.
(3) Restoring hydrological and ecological connections with
adjacent floodplains that achieve greater environmental benefits without undermining flood risk reduction or flood resiliency
for levee-protected communities.
(b) LEVEES OPERATED BY NON-FEDERAL INTERESTS.—The Secretary shall carry out an assessment under subsection (a) for a
federally authorized levee system operated by a non-Federal interest
only if the non-Federal interest—
(1) requests the assessment; and
(2) agrees to provide 50 percent of the cost of the assessment.
(c) ASSESSMENTS.—
(1) CONSIDERATIONS.—In conducting an assessment under
subsection (a), the Secretary shall consider and identify, with
respect to each levee system—
(A) an estimate of the number of structures and population at risk and protected by the levee system that would
be adversely impacted if the levee system fails or water
levels exceed the height of any levee segment within the
levee system (which may be the applicable estimate
included in the levee database established under section
9004 of the Water Resources Development Act of 2007
(33 U.S.C. 3303), if available);
(B) the number of times the non-Federal interest has
received emergency flood-fighting or repair assistance
under section 5 of the Act of August 18, 1941 (33 U.S.C.
701n) for the levee system, and the total expenditures
on postflood repairs over the life of the levee system;
(C) the functionality of the levee system with regard
to higher precipitation levels, including due to changing
climatic conditions and extreme weather events;
(D) the potential costs and benefits (including environmental benefits and implications for levee-protected
communities) from modifying the applicable levee system
to restore connections with adjacent floodplains; and
(E) available studies, information, literature, or data
from relevant Federal, State, or local entities.
(2) PRIORITIZATION.—In conducting an assessment under
subsection (a), the Secretary shall, to the maximum extent
practicable, prioritize levee systems—
(A) associated with an area that has been subject to
flooding in two or more events in any 10-year period; and
(B) for which the non-Federal interest has received
emergency flood-fighting or repair assistance under section

H. R. 7776—1319
5 of the Act of August 18, 1941 (33 U.S.C. 701n) with
respect to such flood events.
(3) SCOPE.—The Secretary shall ensure that an assessment
under subsection (a) shall be similar in cost and scope to
an initial assessment prepared by the Secretary pursuant to
section 216 of the Flood Control Act of 1970 (33 U.S.C. 549a).
(d) FLOOD PLAIN MANAGEMENT SERVICES.—In conducting an
assessment under subsection (a), the Secretary shall consider
information on floods and flood damages compiled under section
206 of the Flood Control Act of 1960 (33 U.S.C. 709a).
(e) REPORT TO CONGRESS.—
(1) IN GENERAL.—Not later than 18 months after the date
of enactment of this section, and periodically thereafter, the
Secretary shall submit to the Committee on Transportation
and Infrastructure of the House of Representatives and the
Committee on Environment and Public Works of the Senate
a report on the results of the assessments conducted under
subsection (a).
(2) INCLUSION.—The Secretary shall include in each report
submitted under paragraph (1)—
(A) identification of any levee system for which the
Secretary has conducted an assessment under subsection
(a);
(B) a description of any opportunities identified under
such subsection for the modification of a levee system,
including the potential benefits of such modification for
the purposes identified under such subsection;
(C) information relating to the willingness and ability
of each applicable non-Federal interest to participate in
a modification to the relevant levee system, including by
obtaining any real estate necessary for the modification;
and
(D) a summary of the information considered and
identified under subsection (c)(1).
(f) INCORPORATION OF INFORMATION.—The Secretary shall
include in the levee database established under section 9004 of
the Water Resources Development Act of 2007 (33 U.S.C. 3303)
the information included in each report submitted under subsection
(e), and make such information publicly available (including on
a publicly available website).
(g) LEVEE SYSTEM DEFINED.—In this section, the term ‘‘levee
system’’ has the meaning given that term in section 9002(9) of
the Water Resources Development Act of 2007 (33 U.S.C. 3301).
(h) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to carry out this section $10,000,000, to remain
available until expended.
SEC. 8122. NATIONAL LOW-HEAD DAM INVENTORY.

The National Dam Safety Program Act (33 U.S.C. 467 et seq.)
is amended by adding at the end the following:
‘‘SEC. 15. NATIONAL LOW-HEAD DAM INVENTORY.

‘‘(a) DEFINITIONS.—In this section:
‘‘(1) INVENTORY.—The term ‘inventory’ means the national
low-head dam inventory developed under subsection (b)(1)(A).
‘‘(2) LOW-HEAD DAM.—The term ‘low-head dam’ means a
river-wide artificial barrier that generally spans a stream
channel, blocking the waterway and creating a backup of water

H. R. 7776—1320
behind the barrier, with a drop off over the wall of not less
than 6 inches and not more than 25 feet.
‘‘(b) NATIONAL LOW-HEAD DAM INVENTORY.—
‘‘(1) IN GENERAL.—Not later than 18 months after the date
of enactment of this section, the Secretary of the Army, in
consultation with the heads of appropriate Federal and State
agencies, shall—
‘‘(A) develop an inventory of low-head dams in the
United States that includes—
‘‘(i) the location, ownership, description, current
use, condition, height, and length of each low-head
dam;
‘‘(ii) any information on public safety conditions
at each low-head dam;
‘‘(iii) public safety information on the dangers of
low-head dams;
‘‘(iv) a directory of financial and technical assistance resources available to reduce safety hazards and
fish passage barriers at low-head dams; and
‘‘(v) any other relevant information concerning lowhead dams; and
‘‘(B) submit the inventory to the Committee on
Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House
of Representatives.
‘‘(2) DATA.—In carrying out this subsection, the Secretary
shall—
‘‘(A) coordinate with Federal and State agencies and
other relevant entities; and
‘‘(B) use data provided to the Secretary by those agencies and entities.
‘‘(3) PUBLIC AVAILABILITY.—The Secretary shall make the
inventory publicly available, including on a publicly available
website.
‘‘(4) UPDATES.—The Secretary, in consultation with the
heads of appropriate Federal and State agencies, shall maintain
and periodically publish updates to the inventory.
‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to the Secretary to carry out this section
$30,000,000.
‘‘(d) CLARIFICATION.—Nothing in this section provides authority
to the Secretary to carry out an activity, with respect to a lowhead dam, that is not explicitly authorized under this section.’’.
SEC. 8123. EXPEDITING HYDROPOWER AT CORPS OF ENGINEERS
FACILITIES.

Section 1008 of the Water Resources Reform and Development
Act of 2014 (33 U.S.C. 2321b) is amended—
(1) in subsection (b)(1), by inserting ‘‘and to meet the
requirements of subsection (b)’’ after ‘‘projects’’;
(2) by redesignating subsections (b) and (c) as subsections
(c) and (d), respectively; and
(3) by inserting after subsection (a) the following:
‘‘(b) IMPLEMENTATION OF POLICY.—The Secretary shall—
‘‘(1) ensure that the policy described in subsection (a) is
implemented nationwide in an efficient, consistent, and coordinated manner; and

H. R. 7776—1321
‘‘(2) assess opportunities—
‘‘(A) to increase the development of hydroelectric power
at existing water resources development projects of the
Corps of Engineers with hydroelectric facilities; and
‘‘(B) to develop new hydroelectric power at existing
nonpowered water resources development projects of the
Corps of Engineers.’’.
SEC. 8124. RESERVE COMPONENT TRAINING AT WATER RESOURCES
DEVELOPMENT PROJECTS.

(a) IN GENERAL.—In carrying out military training activities
or otherwise fulfilling military training requirements, units or members of a reserve component of the Armed Forces may perform
services and furnish supplies in support of a water resources
development project or program of the Corps of Engineers without
reimbursement.
(b) EXCEPTION.—This section shall not apply to any member
of a reserve component of the Armed Forces who is employed
by the Corps of Engineers on a full-time basis.
SEC. 8125. PAYMENT OF PAY AND ALLOWANCES OF CERTAIN OFFICERS
FROM APPROPRIATION FOR IMPROVEMENTS.

Section 36 of the Act of August 10, 1956 (33 U.S.C. 583a),
is amended—
(1) by striking ‘‘Regular officers of the Corps of Engineers
of the Army, and reserve officers of the Army who are assigned
to the Corps of Engineers,’’ and inserting the following:
‘‘(a) IN GENERAL.—The personnel described in subsection (b)’’;
and
(2) by adding at the end the following:
‘‘(b) PERSONNEL DESCRIBED.—The personnel referred to in subsection (a) are the following:
‘‘(1) Regular officers of the Corps of Engineers of the Army.
‘‘(2) The following members of the Army who are assigned
to the Corps of Engineers:
‘‘(A) Reserve component officers.
‘‘(B) Warrant officers (whether regular or reserve
component).
‘‘(C) Enlisted members (whether regular or reserve
component).’’.
SEC. 8126. MAINTENANCE DREDGING PERMITS.

(a) IN GENERAL.—The Secretary shall, to the maximum extent
practicable, prioritize the reissuance of any regional general permit
for maintenance dredging under section 404 of the Federal Water
Pollution Control Act (33 U.S.C. 1344) that expired prior to May
1, 2021.
(b) SAVINGS PROVISION.—Nothing in this section affects any
obligation to comply with the provisions of any Federal or State
environmental law, including—
(1) the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.);
(2) the Federal Water Pollution Control Act (33 U.S.C.
1251 et seq.); and
(3) the Endangered Species Act of 1973 (16 U.S.C. 1531
et seq.).

H. R. 7776—1322
SEC. 8127. ENVIRONMENTAL DREDGING.

(a) IN GENERAL.—In carrying out the following projects, the
Secretary shall, to the maximum extent practicable, coordinate
efforts with the applicable non-Federal interest, the Administrator
of the Environmental Protection Agency, and the heads of other
Federal, State, and regional agencies responsible for the remediation of contaminated sediments:
(1) The project for ecosystem restoration, South Fork of
the South Branch of the Chicago River, Bubbly Creek, Illinois,
authorized by section 401(5) of the Water Resources Development Act of 2020 (134 Stat. 2740).
(2) The project for navigation, Columbia and Lower Willamette Rivers, Oregon and Washington, authorized by section
101 of the River and Harbor Act of 1962 (76 Stat. 1177),
in the vicinity of the Albina Turning Basin, River Mile 10,
and the Post Office Bar, Portland Harbor, River Mile 2.
(3) The project for aquatic ecosystem restoration, Mahoning
River, Ohio, being carried out under section 206 of the Water
Resources Development Act of 1996 (33 U.S.C. 2330).
(4) The project for navigation, South Branch of the Chicago
River, Cook County, Illinois, in the vicinity of Collateral
Channel.
(5) The projects carried out under the Comprehensive Everglades Restoration Plan, as authorized by or pursuant to section
601 of the Water Resources Development Act of 2000 (114
Stat. 2680; 132 Stat. 3786), in the vicinity of Lake Okeechobee.
(b) REPORT TO CONGRESS.—Not later than 180 days after the
date of enactment of this section, the Secretary and the Administrator of the Environmental Protection Agency shall jointly submit
to the Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Environment and Public
Works of the Senate a report on efforts to remove or remediate
contaminated sediments associated with the projects identified in
subsection (a), including, if applicable, any specific recommendations
for actions or agreements necessary to undertake such work.
(c) LIMITATION ON STATUTORY CONSTRUCTION.—Nothing in this
section shall be construed to affect the rights and responsibilities
of any person under the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.).
SEC. 8128. ASSESSMENT OF REGIONAL CONFINED AQUATIC DISPOSAL
FACILITIES.

(a) AUTHORITY.—The Secretary is authorized to conduct assessments of the availability of confined aquatic disposal facilities for
the disposal of contaminated dredged material.
(b) INFORMATION AND COMMENT.—In conducting an assessment
under this section, the Secretary shall—
(1) solicit information from stakeholders on potential
projects that may require disposal of contaminated sediments
in a confined aquatic disposal facility;
(2) solicit information from the applicable division of the
Corps of Engineers on the need for confined aquatic disposal
facilities; and
(3) provide an opportunity for public comment.
(c) NEW ENGLAND DISTRICT REGION ASSESSMENT.—In carrying
out subsection (a), the Secretary shall prioritize conducting an
assessment of the availability of confined aquatic disposal facilities

H. R. 7776—1323
in the New England District region for the disposal of contaminated
dredged material in such region.
(d) REPORT TO CONGRESS.—Not later than 1 year after the
date of enactment of this Act, the Secretary shall submit to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public
Works of the Senate a report on the results of any assessments
conducted under this section, including any recommendations of
the Secretary for the construction of new confined aquatic disposal
facilities or expanded capacity for confined aquatic disposal facilities.
(e) DEFINITION.—In this section, the term ‘‘New England District region’’ means the area located within the boundaries of the
New England District in the North Atlantic Division of the Corps
of Engineers.
SEC. 8129. STUDIES FOR PERIODIC NOURISHMENT.

(a) IN GENERAL.—Section 156 of the Water Resources Development Act of 1976 (42 U.S.C. 1962d–5f) is amended—
(1) in subsection (b)—
(A) in paragraph (1), by striking ‘‘15’’ and inserting
‘‘50’’; and
(B) in paragraph (2), by striking ‘‘15’’; and
(2) in subsection (e)—
(A) by striking ‘‘10-year period’’ and inserting ‘‘16-year
period’’; and
(B) by striking ‘‘6 years’’ and inserting ‘‘12 years’’.
(b) INDIAN RIVER INLET SAND BYPASS PLANT.—For purposes
of the project for hurricane-flood protection and beach erosion control at Indian River Inlet, Delaware, commonly known as the
‘‘Indian River Inlet Sand Bypass Plant’’, authorized by section 869
of the Water Resources Development Act of 1986 (100 Stat. 4182),
a study carried out under section 156(b) of the Water Resources
Development Act of 1976 (42 U.S.C. 1962d–5f(b)) shall consider
as an alternative for periodic nourishment continued reimbursement
of the Federal share of the cost to the non-Federal interest for
the project to operate and maintain the sand bypass plant.
SEC. 8130. BENEFICIAL USE OF DREDGED MATERIAL; MANAGEMENT
PLANS.

(a) STRATEGIC PLAN

ON

BENEFICIAL USE

OF

DREDGED MATE-

RIAL.—

(1) IN GENERAL.—Not later than 1 year after the date
of enactment of this section, the Secretary shall submit to
the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Environment
and Public Works of the Senate a strategic plan that identifies
opportunities and challenges relating to furthering the policy
of the United States to maximize the beneficial use of suitable
dredged material obtained from the construction or operation
and maintenance of water resources development projects, as
described in section 125(a)(1) of the Water Resources Development Act of 2020 (33 U.S.C. 2326g).
(2) CONSULTATION.—In developing the strategic plan under
paragraph (1), the Secretary shall—
(A) consult with relevant Federal agencies involved
in the beneficial use of dredged material;

H. R. 7776—1324
(B) solicit and consider input from State and local
governments and Indian Tribes, while seeking to ensure
a geographic diversity of input from the various Corps
of Engineers divisions; and
(C) consider input received from other stakeholders
involved in beneficial use of dredged material.
(3) INCLUSION.—The Secretary shall include in the strategic
plan developed under paragraph (1)—
(A) identification of any specific barriers and conflicts
that the Secretary determines impede the maximization
of beneficial use of dredged material at the Federal, State,
and local level, and any recommendations of the Secretary
to address such barriers and conflicts;
(B) identification of specific measures to improve interagency and Federal, State, local, and Tribal communications and coordination to improve implementation of section
125(a) of the Water Resources Development Act of 2020
(33 U.S.C. 2326g); and
(C) identification of methods to prioritize the use of
dredged material to benefit water resources development
projects in areas experiencing vulnerabilities to coastal land
loss.
(b) DREDGED MATERIAL MANAGEMENT PLANS FOR HARBORS IN
THE STATE OF OHIO.—
(1) IN GENERAL.—
(A) FORMULATION OF PLAN.—In developing each
dredged material management plan for a federally authorized harbor in the State of Ohio, including any such plan
under development on the date of enactment of this Act,
each District Commander shall include, as a constraint
on the formulation of the base plan and any alternatives,
a prohibition consistent with section 105 of the Energy
and Water Development and Related Agencies Appropriations Act, 2022 (Public Law 117–103; 136 Stat. 217) on
the use of funds for open-lake disposal of dredged material.
(B) MAXIMIZATION OF BENEFICIAL USE.—Each dredged
material management plan for a federally authorized
harbor in the State of Ohio, including any such dredged
material management plan under development on the date
of enactment of this Act, shall maximize the beneficial
use of dredged material under the base plan and under
section 204(d) of the Water Resources Development Act
of 1992 (33 U.S.C. 2326(d)).
(2) SAVINGS PROVISION.—Nothing in this subsection prohibits the use of funds for open-lake disposal of dredged material if such use is not otherwise prohibited by law.
SEC. 8131. CRITERIA FOR FUNDING OPERATION AND MAINTENANCE
OF SMALL, REMOTE, AND SUBSISTENCE HARBORS.

(a) IN GENERAL.—Not later than 180 days after the date of
enactment of this Act, the Secretary shall develop specific criteria
for the annual evaluation and ranking of maintenance dredging
requirements for small harbors and remote and subsistence harbors,
taking into account the following:
(1) The contribution of a harbor to the local and regional
economy.

H. R. 7776—1325
(2) The extent to which a harbor has deteriorated since
the last cycle of maintenance dredging.
(3) Public safety concerns.
(b) INCLUSION IN GUIDANCE.—The Secretary shall include the
criteria developed under subsection (a) in the annual Civil Works
Direct Program Development Policy Guidance of the Secretary.
(c) REPORT TO CONGRESS.—The Secretary shall include in each
biennial report submitted under section 210(e)(3) of the Water
Resources Development Act of 1986 (33 U.S.C. 2238(e)(3)) a ranking
of projects in accordance with the criteria developed under subsection (a) of this section.
(d) DEFINITIONS.—In this section:
(1) REMOTE AND SUBSISTENCE HARBOR.—The term ‘‘remote
and subsistence harbor’’ means a harbor with respect to which
section 2006 of the Water Resources Development Act of 2007
(33 U.S.C. 2242) applies, as determined by the Secretary.
(2) SMALL HARBOR.—The term ‘‘small harbor’’ includes an
emerging harbor, as such term is defined in section 210 of
the Water Resources Development Act of 1986 (33 U.S.C. 2238).
SEC. 8132. ADDITIONAL PROJECTS FOR UNDERSERVED COMMUNITY
HARBORS.

(a) IN GENERAL.—Subject to the availability of appropriations
designated by statute as being for the purpose of carrying out
this section, the Secretary may carry out projects for underserved
community harbors for purposes of sustaining water-dependent
commercial and recreational activities at such harbors.
(b) BENEFICIAL USE.—
(1) JUSTIFICATION.—The Secretary may carry out a project
under this section involving a disposal option for the beneficial
use of dredged material that is not the least cost disposal
option if the Secretary determines that the incremental cost
of the disposal option is reasonable pursuant to the standard
described in section 204(d)(1) of the Water Resources Development Act of 1992 (33 U.S.C. 2326(d)(1)).
(2) COST SHARE.—The non-Federal share of the incremental
cost of a project carried out under this section involving a
disposal option for the beneficial use of dredged material that
is not the least cost disposal option shall be determined as
provided under subsections (a) through (d) of section 103 of
the Water Resources Development Act of 1986 (33 U.S.C. 2213).
(c) PRIORITIZATION.—The Secretary shall prioritize carrying out
projects using funds made available under this section based on
an assessment of—
(1) the local or regional economic benefits of the project;
(2) the environmental benefits of the project, including
the benefits to the aquatic environment to be derived from
the creation of wetland and control of shoreline erosion; and
(3) other social effects of the project, including protection
against loss of life and contributions to local or regional cultural
heritage.
(d) CLARIFICATION.—The Secretary shall not require the nonFederal interest for a project carried out under this section to
perform additional operation and maintenance activities at the
beneficial use placement site or the disposal site for such project
as a condition of receiving assistance under this section.

H. R. 7776—1326
(e) FEDERAL PARTICIPATION LIMIT.—The Federal share of the
cost of a project under this section shall not exceed $10,000,000.
(f) STATUTORY CONSTRUCTION.—Projects carried out under this
section shall be in addition to operation and maintenance activities
otherwise carried out by the Secretary for underserved community
harbors using funds appropriated pursuant to section 210 of the
Water Resources Development Act of 1986 (33 U.S.C. 2238) or
section 102(a) of the Water Resources Development Act of 2020
(33 U.S.C. 2238 note).
(g) DEFINITIONS.—In this section:
(1) PROJECT.—The term ‘‘project’’ means a single cycle of
maintenance dredging of an underserved community harbor
and any associated placement of dredged material at a beneficial use placement site or disposal site.
(2) UNDERSERVED COMMUNITY HARBOR.—The term ‘‘underserved community harbor’’ means an emerging harbor (as
defined in section 210(f) of the Water Resources Development
Act of 1986 (33 U.S.C. 2238(f))) for which—
(A) no Federal funds have been obligated for maintenance dredging in the current fiscal year or in any of
the 4 preceding fiscal years; and
(B) State and local investments in infrastructure have
been made during any of the 4 preceding fiscal years.
(h) AUTHORIZATION OF APPROPRIATIONS.—
(1) IN GENERAL.—There is authorized to be appropriated
to carry out this section $50,000,000 from the General Fund
of the Treasury for each of fiscal years 2023 through 2026,
to be deposited into the ‘‘CORPS OF ENGINEERS—CIVIL—OPERATION AND MAINTENANCE’’ account.
(2) SPECIAL RULE.—Not less than 35 percent of the amounts
made available to carry out this section for each fiscal year
shall be used for projects involving the beneficial use of dredged
material.
SEC. 8133. INLAND WATERWAYS REGIONAL DREDGE PILOT PROGRAM.

(a) IN GENERAL.—The Secretary is authorized to establish a
pilot program (referred to in this section as the ‘‘pilot program’’)
to conduct a multiyear demonstration program to award contracts
with a duration of up to 5 years for dredging projects on inland
waterways of the United States described in section 206 of the
Inland Waterways Revenue Act of 1978 (33 U.S.C. 1804).
(b) PURPOSES.—The purposes of the pilot program shall be
to—
(1) increase the reliability, availability, and efficiency of
federally owned and federally operated inland waterways
projects;
(2) decrease operational risks across the inland waterways
system; and
(3) provide cost savings by combining work across multiple
projects across different accounts of the Corps of Engineers.
(c) DEMONSTRATION.—
(1) IN GENERAL.—The Secretary shall, to the maximum
extent practicable, award contracts for projects under subsection (a) that combine work for construction and operation
and maintenance.
(2) PROJECTS.—In awarding contracts under paragraph (1),
the Secretary shall consider projects that—

H. R. 7776—1327
(A) improve navigation reliability on inland waterways
that are accessible year-round;
(B) increase freight capacity on inland waterways; and
(C) have the potential to enhance the availability of
containerized cargo on inland waterways.
(d) SAVINGS CLAUSE.—Nothing in this section affects the
responsibility of the Secretary with respect to the construction
and operation and maintenance of projects on the inland waterways
system.
(e) REPORT TO CONGRESS.—Not later than 1 year after the
date on which the first contract is awarded pursuant to the pilot
program, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives
a report that evaluates, with respect to the pilot program and
any contracts awarded under the pilot program—
(1) cost-effectiveness;
(2) reliability and performance;
(3) cost savings attributable to mobilization and demobilization of dredge equipment; and
(4) response times to address navigational impediments.
(f) SUNSET.—The authority of the Secretary to enter into contracts pursuant to the pilot program shall expire on the date that
is 10 years after the date of enactment of this Act.
SEC. 8134. NEPA REPORTING.

(a) DEFINITIONS.—In this section:
(1) CATEGORICAL EXCLUSION.—The term ‘‘categorical exclusion’’ has the meaning given the term in section 1508.1 of
title 40, Code of Federal Regulations (or a successor regulation).
(2) ENVIRONMENTAL ASSESSMENT.—The term ‘‘environmental assessment’’ has the meaning given the term in section
1508.1 of title 40, Code of Federal Regulations (or a successor
regulation).
(3) ENVIRONMENTAL IMPACT STATEMENT.—The term
‘‘environmental impact statement’’ means a detailed written
statement required under section 102(2)(C) of the National
Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)).
(4) FINDING OF NO SIGNIFICANT IMPACT.—The term ‘‘finding
of no significant impact’’ has the meaning given the term in
section 1508.1 of title 40, Code of Federal Regulations (or
a successor regulation).
(5) PROJECT STUDY.—The term ‘‘project study’’ means a
feasibility study for a project carried out pursuant to section
905 of the Water Resources Development Act of 1986 (33 U.S.C.
2282) for which a categorical exclusion may apply, or an
environmental assessment or an environmental impact statement is required, pursuant to the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(b) REPORTS.—
(1) NEPA DATA.—
(A) IN GENERAL.—The Secretary shall carry out a
process to track, and annually submit to the Committee
on Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the
House of Representatives, a report containing the information described in subparagraph (B).

H. R. 7776—1328
(B)
INFORMATION
DESCRIBED.—The
information
referred to in subparagraph (A) is, with respect to the
Corps of Engineers—
(i) the number of project studies for which a categorical exclusion was used during the reporting
period;
(ii) the number of project studies for which the
decision to use a categorical exclusion, to prepare an
environmental assessment, or to prepare an environmental impact statement is pending on the date on
which the report is submitted;
(iii) the number of project studies for which an
environmental assessment was issued during the
reporting period, broken down by whether a finding
of no significant impact, if applicable, was based on
mitigation;
(iv) the length of time the Corps of Engineers
took to complete each environmental assessment
described in clause (iii);
(v) the number of project studies pending on the
date on which the report is submitted for which an
environmental assessment is being drafted;
(vi) the number of project studies for which an
environmental impact statement was issued during the
reporting period;
(vii) the length of time the Corps of Engineers
took to complete each environmental impact statement
described in clause (vi); and
(viii) the number of project studies pending on
the date on which the report is submitted for which
an environmental impact statement is being drafted.
(2) PUBLIC ACCESS TO NEPA REPORTS.—The Secretary shall
make each annual report required under paragraph (1) publicly
available (including on a publicly available website).
SEC. 8135. FUNDING TO PROCESS PERMITS.

Section 214(a)(2) of the Water Resources Development Act of
2000 (33 U.S.C. 2352(a)(2)) is amended—
(1) by striking ‘‘The Secretary’’ and inserting the following:
‘‘(A) IN GENERAL.—The Secretary’’; and
(2) by adding at the end the following:
‘‘(B) MITIGATION BANK INSTRUMENT PROCESSING.—An
activity carried out by the Secretary to expedite evaluation
of a permit described in subparagraph (A) may include
the evaluation of an instrument for a mitigation bank
if—
‘‘(i) the non-Federal public entity, public-utility
company, natural gas company, or railroad carrier
applying for the permit described in that subparagraph
is the sponsor of the mitigation bank; and
‘‘(ii) expediting evaluation of the instrument is necessary to expedite evaluation of the permit described
in that subparagraph.’’.
SEC. 8136. LEASE DURATIONS.

The Secretary shall issue guidance on the circumstances under
which a lease under section 2667 of title 10, United States Code,
or section 4 of the Act of December 22, 1944 (16 U.S.C. 460d),

H. R. 7776—1329
with a term in excess of 25 years is appropriate and in the public
interest.
SEC. 8137. REFORESTATION.

The Secretary is encouraged to consider measures to restore
swamps and other wetland forests in carrying out studies for water
resources development projects for ecosystem restoration, flood risk
management, and hurricane and storm damage risk reduction.
SEC. 8138. EMERGENCY STREAMBANK AND SHORELINE PROTECTION.

Section 14 of the Flood Control Act of 1946 (33 U.S.C. 701r)
is amended—
(1) by inserting ‘‘lighthouses (including those lighthouses
with historical value),’’ after ‘‘bridge approaches,’’; and
(2) by striking ‘‘$5,000,000’’ and inserting ‘‘$10,000,000’’.
SEC. 8139. LEASE DEVIATIONS.

The Secretary shall fully implement the requirements of section
153 of the Water Resources Development Act of 2020 (134 Stat.
2658).
SEC. 8140. POLICY AND TECHNICAL STANDARDS.

Every 5 years, the Secretary shall revise, rescind, or certify
as current, as applicable, each policy and technical standards
publication for the civil works programs of the Corps of Engineers,
including each engineer regulation, engineer circular, engineer
manual, engineer pamphlet, engineer technical letter, planning
guidance letter, policy guidance letter, planning bulletin, and
engineering and construction bulletin.
SEC. 8141. CORPS RECORDS RELATING TO HARMFUL ALGAL BLOOMS
IN LAKE OKEECHOBEE, FLORIDA.

(a) SERVICE RECORDS.—The Secretary shall indicate in the
service record of a member or employee of the Corps of Engineers
who performs covered duty that such member or employee was
exposed to microcystin in the line of duty.
(b) COVERED DUTY DEFINED.—In this section, the term ‘‘covered
duty’’ means duty performed—
(1) during a period when the Florida Department of
Environmental Protection has determined that there is a concentration of microcystin of greater than 8 parts per billion
in the waters of Lake Okeechobee resulting from a harmful
algal bloom in such lake; and
(2) at or near any of the following structures:
(A) S–77.
(B) S–78.
(C) S–79.
(D) S–80.
(E) S–308.
SEC. 8142. FORECASTING MODELS FOR THE GREAT LAKES.

(a) AUTHORIZATION.—There is authorized to be appropriated
to the Secretary $10,000,000 to complete and maintain a model
suite to forecast water levels, account for water level variability,
and account for the impacts of extreme weather events and other
natural disasters in the Great Lakes.
(b) SAVINGS PROVISION.—Nothing in this section precludes the
Secretary from using funds made available pursuant to the Great
Lakes Restoration Initiative established by section 118(c)(7) of the

H. R. 7776—1330
Federal Water Pollution Control Act (33 U.S.C. 1268(c)(7)) for activities described in subsection (a) for the Great Lakes, in addition
to carrying out activities under this section.
SEC. 8143. MONITORING AND ASSESSMENT PROGRAM FOR SALINE
LAKES IN THE GREAT BASIN.

(a) IN GENERAL.—The Secretary is authorized to carry out
a program (referred to in this subsection as the ‘‘program’’) to
monitor and assess the hydrology of saline lake ecosystems in
the Great Basin, including the Great Salt Lake, to inform and
support Federal and non-Federal management and conservation
activities to benefit those ecosystems.
Secretary
shall
coordinate
(b)
COORDINATION.—The
implementation of the program with relevant—
(1) Federal and State agencies;
(2) Indian Tribes;
(3) local governments; and
(4) nonprofit organizations.
(c) CONTRACTS AND COOPERATIVE AGREEMENTS.—The Secretary
is authorized to use contracts, cooperative agreements, or any other
authorized means to work with institutions of higher education
and with entities described in subsection (b) to implement the
program.
(d) UPDATE.—Not later than 1 year after the date of enactment
of this Act, the Secretary shall submit to Congress an update
on the progress of the Secretary in carrying out the program.
(e) ADDITIONAL INFORMATION.—In carrying out the program,
the Secretary may use available studies, information, literature,
or data on the Great Basin region published by relevant Federal,
State, Tribal, or local governmental entities.
(f) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to carry out this section $10,000,000.
SEC. 8144. CHATTAHOOCHEE RIVER PROGRAM.

(a) ESTABLISHMENT.—
(1) IN GENERAL.—The Secretary shall establish a program
to provide environmental assistance to non-Federal interests
in the Chattahoochee River Basin.
(2) FORM.—
(A) IN GENERAL.—The assistance provided under paragraph (1) shall be in the form of design and construction
assistance for water-related resource protection and restoration projects affecting the Chattahoochee River Basin,
based on the comprehensive plan developed under subsection (b).
(B) ASSISTANCE.—Projects for which assistance is provided under subparagraph (A) may include—
(i) projects for—
(I) sediment and erosion control;
(II) protection of eroding shorelines;
(III) ecosystem restoration, including restoration of submerged aquatic vegetation;
(IV) protection of essential public works;
(V) wastewater treatment, and related facilities; and
(VI) beneficial uses of dredged material; and
(ii) other related projects that may enhance the
living resources of the Chattahoochee River Basin.

H. R. 7776—1331
(b) COMPREHENSIVE PLAN.—
(1) IN GENERAL.—Not later than 2 years after the date
of enactment of this Act, the Secretary, in cooperation with
State and local governmental officials and affected stakeholders,
shall develop a comprehensive Chattahoochee River Basin restoration plan to guide the implementation of projects under
this section.
(2) COORDINATION.—The comprehensive plan developed
under paragraph (1) shall, to the maximum extent practicable,
consider and avoid duplication of any ongoing or planned
actions of other Federal, State, and local agencies and nongovernmental organizations.
(3) PRIORITIZATION.—The comprehensive plan developed
under paragraph (1) shall give priority to projects described
in subsection (a)(2) that will improve water quality or quantity
or use a combination of structural and nonstructural measures,
including alternatives that use natural features or nature-based
features (as such terms are defined in section 1184 of the
Water Resources Development Act of 2016 (32 U.S.C. 2289a)).
(c) AGREEMENT.—
(1) IN GENERAL.—Before providing assistance for a project
under this section, the Secretary shall enter into an agreement
with a non-Federal interest for the design and construction
of the project.
(2) REQUIREMENTS.—Each agreement entered into under
this subsection shall provide for—
(A) the development by the Secretary, in consultation
with appropriate Federal, State, and local officials, of a
resource protection and restoration plan, including appropriate engineering plans and specifications and an estimate
of expected resource benefits; and
(B) the establishment of such legal and institutional
structures as are necessary to ensure the effective longterm operation and maintenance of the project by the nonFederal interest.
(d) COST SHARING.—
(1) FEDERAL SHARE.—The Federal share of the cost to
design and construct a project under each agreement entered
into under this section shall be 75 percent.
(2) NON-FEDERAL SHARE.—
(A) VALUE OF LAND, EASEMENTS, RIGHTS-OF-WAY, AND
RELOCATIONS.—In determining the non-Federal contribution toward carrying out an agreement entered into under
this section, the Secretary shall provide credit to a nonFederal interest for the value of land, easements, rightsof-way, and relocations provided by the non-Federal
interest, except that the amount of credit provided for
a project under this paragraph may not exceed 25 percent
of the total project costs.
(B) OPERATION AND MAINTENANCE COSTS.—The nonFederal share of the costs of operation and maintenance
of a project carried out under an agreement under this
section shall be 100 percent.
(e) PROJECTS ON FEDERAL LAND.—
(1) IN GENERAL.—Except as provided in paragraph (2), a
project carried out pursuant to the comprehensive plan developed under subsection (b) that is located on Federal land shall

H. R. 7776—1332
be carried out at the expense of the Federal agency that owns
the land on which the project will be carried out.
(2) NON-FEDERAL CONTRIBUTION.—A Federal agency carrying out a project described in paragraph (1) may accept
contributions of funds from non-Federal interests to carry out
that project.
(f) COOPERATION.—In carrying out this section, the Secretary
shall cooperate with—
(1) the heads of appropriate Federal agencies, including—
(A) the Administrator of the Environmental Protection
Agency;
(B) the Secretary of Commerce, acting through the
Administrator of the National Oceanic and Atmospheric
Administration;
(C) the Secretary of the Interior, acting through the
Director of the United States Fish and Wildlife Service;
and
(D) the heads of such other Federal agencies as the
Secretary determines to be appropriate; and
(2) agencies of any relevant State or political subdivision
of a State.
(g) PROTECTION OF RESOURCES.—A project established under
this section shall be carried out using such measures as are necessary to protect environmental, historic, and cultural resources.
(h) PROJECTS REQUIRING SPECIFIC AUTHORIZATION.—If the Federal share of the cost to design and construct a project under
this section exceeds $15,000,000, the Secretary may only carry
out the project if Congress enacts a law authorizing the Secretary
to carry out the project.
(i) SAVINGS PROVISION.—Nothing in this section—
(1) establishes any express or implied reserved water right
in the United States for any purpose;
(2) affects any water right in existence on the date of
enactment of this Act;
(3) preempts or affects any State water law or interstate
compact governing water; or
(4) affects any Federal or State law in existence on the
date of enactment of this Act regarding water quality or water
quantity.
(j) REPORT.—Not later than 3 years after the date of enactment
of this Act, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives
a report that describes the results of the program established under
this section.
(k) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to carry out this section $40,000,000.
SEC. 8145. LOWER MISSISSIPPI RIVER BASIN DEMONSTRATION PROGRAM.

(a) ESTABLISHMENT.—
(1) IN GENERAL.—The Secretary shall establish a program
to provide environmental assistance to non-Federal interests
in the Lower Mississippi River Basin.
(2) FORM.—
(A) IN GENERAL.—The assistance under paragraph (1)
shall be in the form of design and construction assistance

H. R. 7776—1333
for flood or coastal storm risk management or aquatic
ecosystem restoration projects in the Lower Mississippi
River Basin based on the comprehensive plan developed
under subsection (b).
(B) ASSISTANCE.—Projects for which assistance is provided under subparagraph (A) may include—
(i) projects for—
(I) sediment and erosion control;
(II) protection of eroding riverbanks and
streambanks and shorelines;
(III) ecosystem restoration;
(IV) channel modifications; and
(V) beneficial uses of dredged material; and
(ii) other related projects that may enhance the
living resources of the Lower Mississippi River Basin.
(b) COMPREHENSIVE PLAN.—
(1) IN GENERAL.—Not later than 2 years after the date
of enactment of this Act, the Secretary, in cooperation with
State and local governmental officials and affected stakeholders,
shall develop a comprehensive Lower Mississippi River Basin
restoration plan to guide the implementation of projects under
this section.
(2) COORDINATION.—The comprehensive plan developed
under paragraph (1) shall, to the maximum extent practicable,
consider and avoid duplication of any ongoing or planned
actions of other Federal, State, and local agencies and nongovernmental organizations.
(3) PRIORITIZATION.—The comprehensive plan developed
under paragraph (1) shall give priority to projects described
in subsection (a)(2) that will improve water quality, reduce
hypoxia in the Lower Mississippi River or the Gulf of Mexico,
or use a combination of structural and nonstructural measures,
including alternatives that use natural features or nature-based
features (as such terms are defined in section 1184 of the
Water Resources Development Act of 2016 (32 U.S.C. 2289a)).
(c) AGREEMENT.—
(1) IN GENERAL.—Before providing assistance for a project
under this section, the Secretary shall enter into an agreement
with a non-Federal interest for the design and construction
of the project.
(2) REQUIREMENTS.—Each agreement entered into under
this subsection shall provide for—
(A) the development by the Secretary, in consultation
with appropriate Federal, State, and local officials, of a
resource protection and restoration plan, including appropriate engineering plans and specifications and an estimate
of expected resource benefits; and
(B) the establishment of such legal and institutional
structures as are necessary to ensure the effective longterm operation and maintenance of the project by the nonFederal interest.
(d) COST SHARING.—
(1) FEDERAL SHARE.—The Federal share of the cost to
design and construct a project under each agreement entered
into under this section shall be 75 percent.
(2) NON-FEDERAL SHARE.—

H. R. 7776—1334
(A) VALUE OF LAND, EASEMENTS, RIGHTS-OF-WAY, AND
RELOCATIONS.—In determining the non-Federal contribution toward carrying out an agreement entered into under
this section, the Secretary shall provide credit to a nonFederal interest for the value of land, easements, rightsof-way, and relocations provided by the non-Federal
interest, except that the amount of credit provided for
a project under this paragraph may not exceed 25 percent
of the total project costs.
(B) OPERATION AND MAINTENANCE COSTS.—The nonFederal share of the costs of operation and maintenance
of a project carried out under an agreement under this
section shall be 100 percent.
(e) PROJECTS ON FEDERAL LAND.—
(1) IN GENERAL.—Except as provided in paragraph (2), a
project carried out pursuant to the comprehensive plan developed under subsection (b) that is located on Federal land shall
be carried out at the expense of the Federal agency that owns
the land on which the project will be carried out.
(2) NON-FEDERAL CONTRIBUTION.—A Federal agency carrying out a project described in paragraph (1) may accept
contributions of funds from non-Federal interests to carry out
that project.
(f) COOPERATION.—In carrying out this section, the Secretary
shall cooperate with—
(1) the heads of appropriate Federal agencies, including—
(A) the Secretary of Agriculture;
(B) the Secretary of the Interior, acting through the
Director of the United States Fish and Wildlife Service;
and
(C) the heads of such other Federal agencies as the
Secretary determines to be appropriate; and
(2) agencies of any relevant State or political subdivision
of a State.
(g) PROTECTION OF RESOURCES.—A project established under
this section shall be carried out using such measures as are necessary to protect environmental, historic, and cultural resources.
(h) PROJECTS REQUIRING SPECIFIC AUTHORIZATION.—If the Federal share of the cost to design and construct a project under
this section exceeds $15,000,000, the Secretary may only carry
out the project if Congress enacts a law authorizing the Secretary
to carry out the project.
(i) REPORT.—Not later than 3 years after the date of enactment
of this Act, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives
a report that describes the results of the program established under
this section.
(j) DEFINITION.—In this section, the term ‘‘Lower Mississippi
River Basin’’ means the portion of the Mississippi River that begins
at the confluence of the Ohio River and flows to the Gulf of Mexico,
and its tributaries and distributaries.
(k) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to carry out this section $40,000,000.

H. R. 7776—1335
SEC. 8146. WASHINGTON AQUEDUCT.

(a) CAPITAL IMPROVEMENT AUTHORITY.—The Secretary may
carry out capital improvements for the Washington Aqueduct that
the Secretary determines necessary for the safe, effective, and efficient operation of the Aqueduct.
(b) BORROWING AUTHORITY.—
(1) IN GENERAL.—Subject to paragraphs (2) through (4)
and subsection (c), the Secretary is authorized to borrow from
the Treasury of the United States such amounts as are sufficient to cover any obligations that will be incurred by the
Secretary in carrying out capital improvements for the Washington Aqueduct under subsection (a).
(2) LIMITATION.—The amount borrowed by the Secretary
under paragraph (1) may not exceed $40,000,000 in any fiscal
year.
(3) AGREEMENT.—Amounts borrowed under paragraph (1)
may only be used to carry out capital improvements with
respect to which the Secretary has entered into an agreement
with each customer.
(4) TERMS OF BORROWING.—
(A) IN GENERAL.—Subject to subsection (c), the Secretary of the Treasury shall provide amounts borrowed
under paragraph (1) under such terms and conditions as
the Secretary of Treasury determines to be necessary and
in the public interest.
(B) TERM.—The term of any loan made under paragraph (1) shall be for a period of not less than 20 years.
(C) PREPAYMENT.—There shall be no penalty for the
prepayment of any amounts borrowed under paragraph
(1).
(c) CONTRACTS WITH CUSTOMERS.—
(1) IN GENERAL.—The Secretary may not borrow any
amounts under subsection (b) until such time as the Secretary
has entered into a contract with each customer under which
the customer commits to pay a pro rata share (based on water
purchase) of the principal and interest owed to the Secretary
of the Treasury under subsection (b).
(2) PREPAYMENT.—Any customer may pay, in advance, the
pro rata share of the principal and interest owed by the customer, or any portion thereof, without penalty.
(3) RISK OF DEFAULT.—A customer that enters into a contract under this subsection shall, as a condition of the contract,
commit to pay any additional amount necessary to fully offset
the risk of default on the contract.
(4) OBLIGATIONS.—Each contract entered into under paragraph (1) shall include such terms and conditions as the Secretary of the Treasury may require so that the total value
to the Government of all contracts entered into under paragraph
(1) is estimated to be equal to the obligations of the Secretary
for carrying out capital improvements for the Washington Aqueduct.
(5) OTHER CONDITIONS.—Each contract entered into under
paragraph (1) shall—
(A) include other conditions consistent with this section
that the Secretary and the Secretary of the Treasury determine to be appropriate; and

H. R. 7776—1336
(B) provide the United States priority in regard to
income from fees assessed to operate and maintain the
Washington Aqueduct.
(d) CUSTOMER DEFINED.—In this section, the term ‘‘customer’’
means—
(1) the District of Columbia;
(2) Arlington County, Virginia; and
(3) Fairfax County, Virginia.
SEC. 8147. WATER INFRASTRUCTURE PUBLIC-PRIVATE PARTNERSHIP
PILOT PROGRAM.

Section 5014 of the Water Resources Reform and Development
Act of 2014 (33 U.S.C. 2201 note) is amended—
(1) in subsection (a), by striking ‘‘aquatic’’; and
(2) in subsection (d)(1), by inserting ‘‘ecosystem restoration,’’ after ‘‘flood damage reduction,’’.
SEC. 8148. ADVANCE PAYMENT IN LIEU OF REIMBURSEMENT FOR CERTAIN FEDERAL COSTS.

(a) IN GENERAL.—The Secretary is authorized to provide in
advance to a non-Federal interest the Federal share of funds
required for the acquisition of land, easements, and rights-of-way
and the performance of relocations for a water resources development project or a separable element of a water resources development project—
(1) that is authorized to be constructed at Federal expense;
(2) for which the Secretary has determined under section
103(b)(2) of the Water Resources Development Act of 1986
(33 U.S.C. 2213(b)(2)) that additional costs are a Federal
responsibility; or
(3) that is listed in subsection (b), if at any time the
cost to acquire the land, easements, and rights-of-way required
for the project is projected to exceed the non-Federal share
of the cost of the project.
(b) LISTED PROJECTS.—The projects referred to in subsection
(a)(3) are the following:
(1) Project for hurricane and storm damage risk reduction,
Delaware Beneficial Use of Dredged Material for the Delaware
River, Delaware, authorized by section 401(3) of the Water
Resources Development Act of 2020 (134 Stat. 2736), as modified by this Act.
(2) Project for ecosystem restoration, Mississippi River Gulf
Outlet, Louisiana, authorized by section 7013(a)(4) of the Water
Resources Development Act of 2007 (121 Stat. 1281), as modified by this Act.
(3) Project for ecosystem restoration, Great Lakes and Mississippi River Interbasin project, Brandon Road, Will County,
Illinois, authorized by title IV of the Water Resources Development Act of 2020 (134 Stat. 2740), as modified by this Act.
(4) Project for navigation, Port of Nome, Alaska, authorized
by section 401(1) of the Water Resources Development Act
of 2020 (134 Stat. 2733), as modified by this Act.
(5) Project for storm damage reduction and shoreline erosion protection, Lake Michigan, Illinois, from Wilmette, Illinois,
to the Illinois-Indiana State line, authorized by section
101(a)(12) of the Water Resources Development Act of 1996
(110 Stat. 3664), as modified by this Act.

H. R. 7776—1337
(6) Project for flood control, Milton, West Virginia, authorized by section 580 of the Water Resources Development Act
of 1996 (110 Stat. 3790; 114 Stat. 2612; 121 Stat. 1154), as
modified by this Act.
(7) Project for coastal storm risk management, South Shore
of Staten Island, Fort Wadsworth to Oakwood Beach, New
York, as authorized by this Act.
SEC. 8149. USE OF OTHER FEDERAL FUNDS.

Section 2007 of the Water Resources Development Act of 2007
(33 U.S.C. 2222) is amended—
(1) by striking ‘‘water resources study or project’’ and
inserting ‘‘water resources development study or project,
including a study or project under a continuing authority program (as defined in section 7001(c)(1)(D) of the Water Resources
Reform and Development Act of 2014 (33 U.S.C. 2282d(c)(1)(D)))
and a study or project under an environmental infrastructure
assistance program,’’; and
(2) by striking ‘‘if the Federal agency that provides the
funds determines that the funds are authorized to be used
to carry out the study or project.’’ and inserting the following:
‘‘if—
‘‘(1) the statutory authority for the funds provided by the
Federal agency does not expressly prohibit use of the funds
for a study or project of the Corps of Engineers; and
‘‘(2) the Federal agency that provides the funds determines
that the study or project activities for which the funds will
be used are otherwise eligible for funding under such statutory
authority.’’.
SEC. 8150. NON-FEDERAL INTEREST ADVISORY COMMITTEE.

(a) IN GENERAL.—Not later than 90 days after the date of
enactment of this Act, the Secretary shall establish a committee,
to be known as the ‘‘Non-Federal Interest Advisory Committee’’
and referred to in this section as the ‘‘Committee’’, to develop
and make recommendations to the Secretary and the Chief of Engineers on activities and actions that should be undertaken by the
Corps of Engineers to ensure more effective and efficient delivery
of water resources development projects, programs, and other assistance.
(b) MEMBERSHIP.—
(1) IN GENERAL.—The Committee shall be composed of the
members described in paragraph (2), who shall—
(A) be appointed by the Secretary; and
(B) have the requisite experiential or technical knowledge needed to address issues related to water resources
needs and challenges.
(2) REPRESENTATIVES.—The members of the Committee
shall include the following:
(A) 1 representative of each of the following:
(i) A non-Federal interest for a project for navigation for an inland harbor.
(ii) A non-Federal interest for a project for navigation for a harbor.
(iii) A non-Federal interest for a project for flood
risk management.
(iv) A non-Federal interest for a project for coastal
storm risk management.

H. R. 7776—1338
(v) A non-Federal interest for a project for aquatic
ecosystem restoration.
(B) 1 representative of each of the following:
(i) A non-Federal stakeholder with respect to
inland waterborne transportation.
(ii) A non-Federal stakeholder with respect to
water supply.
(iii) A non-Federal stakeholder with respect to
recreation.
(iv) A non-Federal stakeholder with respect to
hydropower.
(v) A non-Federal stakeholder with respect to
emergency preparedness, including coastal protection.
(C) 1 representative of each of the following:
(i) An organization with expertise in conservation.
(ii) An organization with expertise in environmental policy.
(iii) An organization with expertise in rural water
resources.
(c) DUTIES.—
(1) RECOMMENDATIONS.—The Committee shall provide
advice and make recommendations to the Secretary and the
Chief of Engineers to assist the Corps of Engineers in—
(A) efficiently and effectively delivering water resources
development projects;
(B) improving the capability and capacity of the
workforce of the Corps of Engineers to deliver such projects
and other assistance;
(C) improving the capacity and effectiveness of Corps
of Engineers consultation and liaison roles in communicating water resources needs and solutions, including
regionally specific recommendations; and
(D) strengthening partnerships with non-Federal
interests to advance water resources solutions.
(2) MEETINGS.—The Committee shall meet as appropriate
to develop and make recommendations under paragraph (1).
(3) REPORT.—Recommendations made under paragraph (1)
shall be—
(A) included in a report submitted to the Committee
on Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the
House of Representatives; and
(B) made publicly available, including on a publicly
available website.
(d) INDEPENDENT JUDGMENT.—Any recommendation made by
the Committee to the Secretary and the Chief of Engineers under
subsection (c)(1) shall reflect the independent judgment of the Committee.
(e) ADMINISTRATION.—
(1) COMPENSATION.—Except as provided in paragraph (2),
the members of the Committee shall serve without compensation.
(2) TRAVEL EXPENSES.—The members of the Committee
shall receive travel expenses, including per diem in lieu of
subsistence, in accordance with applicable provisions under
subchapter I of chapter 57 of title 5, United States Code.

H. R. 7776—1339
(3) TREATMENT.—The members of the Committee shall not
be considered to be Federal employees, and the meetings and
reports of the Committee shall not be considered a major Federal action under the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.).
SEC. 8151. MATERIALS, SERVICES, AND FUNDS FOR REPAIR, RESTORATION, OR REHABILITATION OF CERTAIN PUBLIC RECREATION FACILITIES.

(a) AUTHORIZATION.—During a period of low water at an eligible
public recreation facility, the Secretary is authorized to—
(1) accept and use materials, services, and funds from
a non-Federal interest to repair, restore, or rehabilitate the
facility; and
(2) reimburse the non-Federal interest for the Federal share
of the materials, services, or funds.
(b) REQUIREMENT.—The Secretary may not reimburse a nonFederal interest for the use of materials or services accepted under
this section unless the materials or services—
(1) meet the specifications of the Secretary; and
(2) comply with all applicable laws and regulations that
would apply if the materials and services were acquired by
the Secretary, including subchapter IV of chapter 31 and
chapter 37 of title 40, United States Code, and section 8302
of title 41, United States Code.
(c) AGREEMENT.—Before the acceptance of materials, services,
or funds under this section, the Secretary and the non-Federal
interest shall enter into an agreement that—
(1) specifies that the non-Federal interest shall hold and
save the United States free from liability for any and all damages that arise from use of materials or services of the nonFederal interest, except for damages due to the fault or negligence of the United States or its contractors;
(2) requires that the non-Federal interest certify that the
materials or services comply with the applicable laws and regulations described in subsection (b)(2); and
(3) includes any other term or condition required by the
Secretary.
(d) SUNSET.—The authority to enter into an agreement under
this section shall expire on the date that is 10 years after the
date of enactment of this Act.
(e) DEFINITION OF ELIGIBLE PUBLIC RECREATION FACILITY.—
In this section, the term ‘‘eligible public recreation facility’’ means
a facility that—
(1) is located—
(A) at a reservoir operated by the Corps of Engineers;
and
(B) in the Upper Missouri River Basin;
(2) was constructed to enable public use of and access
to the reservoir; and
(3) requires repair, restoration, or rehabilitation to function.
(f) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to carry out subsection (a)(2) $20,000,000, to
remain available until expended.
SEC. 8152. REHABILITATION OF PUMP STATIONS.

Section 133 of the Water Resources Development Act of 2020
(33 U.S.C. 2327a) is amended—

H. R. 7776—1340
(1) in subsection (a), by striking paragraph (1) and inserting
the following:
‘‘(1) ELIGIBLE PUMP STATION.—The term ‘eligible pump station’ means a pump station—
‘‘(A) that is a feature of—
‘‘(i) a federally authorized flood or coastal storm
risk management project; or
‘‘(ii) an integrated flood risk reduction system that
includes a federally authorized flood or coastal storm
risk management project; and
‘‘(B) the failure of which the Secretary has determined
would demonstrably impact the function of the federally
authorized flood or coastal storm risk management
project.’’;
(2) by striking subsection (b) and inserting the following:
‘‘(b) AUTHORIZATION.—The Secretary may carry out rehabilitation of an eligible pump station, if the Secretary determines that—
‘‘(1) the eligible pump station has a major deficiency; and
‘‘(2) the rehabilitation is feasible.’’; and
(3) by adding at the end the following:
‘‘(g) PRIORITIZATION.—To the maximum extent practicable, the
Secretary shall prioritize the rehabilitation of eligible pump stations
under this section that benefit economically disadvantaged communities, as defined by the Secretary under section 160 of the Water
Resources Development Act of 2020 (33 U.S.C. 2201 note), including
economically disadvantaged communities located in urban and rural
areas.’’.
SEC. 8153. REPORT TO CONGRESS ON CORPS OF ENGINEERS RESERVOIRS.

(a) IN GENERAL.—Not later than 1 year after the date of enactment of this Act, the Secretary shall complete the updated report
required under section 1046(a)(2)(B) of the Water Resources Reform
and Development Act of 2014 (128 Stat. 1252).
(b) REPORT TO CONGRESS; PUBLIC AVAILABILITY.—Upon completion of the report as required by subsection (a), the Secretary
shall—
(1) submit the report to Congress; and
(2) make the full report publicly available, including on
a publicly available website.
SEC. 8154. TEMPORARY RELOCATION ASSISTANCE PILOT PROGRAM.

(a) IN GENERAL.—Not later than 90 days after the date of
enactment of this Act, the Secretary shall establish a pilot program
to evaluate the extent to which the provision of temporary relocation
assistance enhances the completeness, effectiveness, efficiency,
acceptability, and equitable implementation of covered water
resources development projects.
(b) ASSISTANCE AUTHORIZED.—Subject to subsection (c)—
(1) the non-Federal interest for a covered water resources
development project included in the pilot program established
under this section may provide temporary relocation assistance
to a temporarily displaced person; and
(2) the Secretary shall, pursuant to a project partnership
agreement—
(A) include the temporary relocation assistance provided by the non-Federal interest for a covered water
resources development project under paragraph (1) in the

H. R. 7776—1341
value of the land, easements, and rights-of-way required
for the project; and
(B) credit the amount of the temporary relocation
assistance provided by the non-Federal interest for the
covered water resources development project under paragraph (1) toward the non-Federal share of the cost of the
project.
(c) REQUIREMENTS.—
(1) REQUEST OF NON-FEDERAL INTEREST.—At the request
of the non-Federal interest for a covered water resources
development project, the Secretary may include the project
in the pilot program established under this section.
(2) DUPLICATION OF BENEFITS.—The Secretary and the nonFederal interest for a covered water resources development
project included in the pilot program established under this
section shall ensure that no temporarily displaced person
receives temporary relocation assistance under this section for
expenses for which the temporarily displaced person has
received financial assistance from any insurance, other program, or any other governmental source.
(3) EQUAL TREATMENT.—The non-Federal interest for a covered water resources development project included in the pilot
program established under this section shall provide temporary
relocation assistance to each temporarily displaced person on
equal terms.
(4) MAXIMUM AMOUNT OF CREDIT.—The Secretary shall not
include in the value of the land, easements, and rights-ofway required for a covered water resources development project,
or credit toward the non-Federal share of the cost of the project,
any amount paid to individuals of a single household by the
non-Federal interest for the project under subsection (b) that
exceeds $20,000.
(d) REPORT TO CONGRESS.—Not later than 1 year after the
date of enactment of this Act, and biennially thereafter, the Secretary shall submit to the Committee on Environment and Public
Works of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a report that
includes findings and recommendations of the Secretary with
respect to the provision of temporary relocation assistance for covered water resources development projects included in the pilot
program established under this section.
(e) SUNSET.—The authority to enter into or amend a project
partnership agreement for a covered water resources development
project under the pilot program established under this section shall
expire on the date that is 10 years after the date of enactment
of this Act.
(f) SAVINGS PROVISION.—Nothing in this section affects the
eligibility for, or entitlement to, relocation assistance under the
Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.) for any individual.
(g) DEFINITIONS.—In this section:
(1) COVERED WATER RESOURCES DEVELOPMENT PROJECT.—
The term ‘‘covered water resources development project’’ means
the following projects:
(A) Project for hurricane and storm damage risk reduction, Charleston Peninsula, Coastal Storm Risk Management, South Carolina, authorized by this Act.

H. R. 7776—1342
(B) Project for hurricane and storm damage risk reduction, Fire Island Inlet to Montauk Point, New York, authorized by section 401(3) of the Water Resources Development
Act of 2020 (134 Stat. 2738).
(C) Project for hurricane and storm damage risk reduction, Rahway River Basin, New Jersey, authorized by section 401(3) of the Water Resources Development Act of
2020 (134 Stat. 2737).
(D) Project for flood risk management, Peckman River
Basin, New Jersey, authorized by section 401(2) of the
Water Resources Development Act of 2020 (134 Stat. 2735).
(E) Project for hurricane and storm damage reduction,
New Jersey Back Bays, Cape May, Ocean, Atlantic, Monmouth, and Burlington Counties, authorized by resolutions
of the Committee on Public Works and Transportation
of the House of Representatives and the Committee on
Environment and Public Works of the Senate, approved
in December 1987, under study on the date of enactment
of this Act.
(2) DWELLING.—The term ‘‘dwelling’’ means—
(A) a single-family house;
(B) a single-family unit in a two-family, multifamily,
or multipurpose property;
(C) a unit of a condominium or cooperative housing
project;
(D) a mobile home; or
(E) any other residential unit.
(3) HOUSEHOLD.—The term ‘‘household’’ means 1 or more
individuals occupying a single dwelling.
(4) TEMPORARILY DISPLACED PERSON.—The term ‘‘temporarily displaced person’’ means an individual who is—
(A) required to temporarily move from a dwelling that
is the primary residence of the individual as a direct result
of the elevation or modification of the dwelling by the
Secretary or a non-Federal interest as part of a covered
water resources development project; and
(B) not otherwise entitled to temporary relocation
assistance under the Uniform Relocation Assistance and
Real Property Acquisition Policies Act of 1970 (42 U.S.C.
4601 et seq.).
(5) TEMPORARY RELOCATION ASSISTANCE.—The term ‘‘temporary relocation assistance’’ means assistance that covers all
or any portion of the documented reasonable living expenses,
excluding food and personal transportation, incurred by a
temporarily displaced person during a period of displacement.
SEC. 8155. CONTINUATION OF CONSTRUCTION.

(a) CONTINUATION OF CONSTRUCTION.—
(1) IN GENERAL.—Upon the transmittal of an initial notification pursuant to subsection (b)(1) with respect to a water
resources development project, the Secretary shall not, solely
on the basis of the maximum cost requirements under section
902 of the Water Resources Development Act of 1986 (33 U.S.C.
2280)—
(A) defer the initiation or continuation of construction
of the water resources development project during the covered period; or

H. R. 7776—1343
(B) terminate during or after the covered period, a
contract for design or construction of the water resources
development project that was entered into prior to or during
the covered period.
(2) RESUMPTION OF CONSTRUCTION.—The Secretary shall,
upon the transmittal of an initial notification pursuant to subsection (b)(1) with respect to a water resources development
project for which construction was deferred, during the period
beginning on October 1, 2021, and ending on the date of enactment of this Act, because the cost of such project exceeded
the maximum cost permitted under section 902 of the Water
Resources Development Act of 1986 (33 U.S.C. 2280), resume
construction of the project.
(b) NOTIFICATION.—
(1) INITIAL NOTIFICATION.—Not later than 30 days after
the Chief of Engineers makes a determination that a water
resources development project exceeds, or is expected to exceed,
the maximum cost of the project permitted under section 902
of the Water Resources Development Act of 1986 (33 U.S.C.
2280), the Chief of Engineers shall transmit a written notification concurrently to the Secretary and to the Committee on
Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of
Representatives for each such determination.
(2) SUPPLEMENTAL NOTIFICATION.—Not later than 60 days
after the Chief of Engineers transmits an initial notification
required under paragraph (1), the Chief shall transmit concurrently to the Secretary and to the Committee on Environment
and Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives a supplemental notification that includes, based on
information available to the Corps of Engineers on the date
of the supplemental notification—
(A) an estimate of the expected increase in the cost
of the project that is in excess of the authorized maximum
cost for the project;
(B) a description of the reason for the increased cost
of the project; and
(C) the expected timeline for submission of a postauthorization change report for the project in accordance
with section 1132 of the Water Resources Development
Act of 2016 (33 U.S.C. 2282e).
(3) TRANSMITTAL.—The notifications described in paragraphs (1) and (2) may not be delayed as a result of consideration being given to changes in policy or priority with respect
to project consideration.
(c) DEFERRAL OF CONSTRUCTION.—After expiration of the covered period, the Secretary shall not enter into any new contract,
or exercise any option in a contract, for construction of a water
resources development project if the project exceeds the maximum
cost of the project permitted under section 902 of the Water
Resources Development Act of 1986 (33 U.S.C. 2280), until the
date on which Congress authorizes an increase in the cost of the
project.
(d) STATUTORY CONSTRUCTION.—Nothing in this section waives
the obligation of the Secretary to submit to the Committee on
Environment and Public Works of the Senate and the Committee

H. R. 7776—1344
on Transportation and Infrastructure of the House of Representatives a post-authorization change report recommending an increase
in the authorized cost of a project if the project otherwise would
exceed the maximum cost of the project permitted under section
902 of the Water Resources Development Act of 1986 (33 U.S.C.
2280).
(e) DEFINITION OF COVERED PERIOD.—In this section, the term
‘‘covered period’’ means the period beginning on the date of enactment of this Act and ending on December 31, 2024.
SEC. 8156. FEDERAL INTEREST DETERMINATION.

Section 905(b)(1) of the Water Resources Development Act of
1986 (33 U.S.C. 2282(b)(1)) is amended by amending subparagraph
(B) to read as follows:
‘‘(B) OTHER COMMUNITIES.—In preparing a feasibility
report under subsection (a) for a study that will benefit
a community other than a community described in subparagraph (A), upon request by the non-Federal interest for
the study, the Secretary may, with respect to not more
than 20 studies in each fiscal year, first determine the
Federal interest in carrying out the study and the projects
that may be proposed in the study.’’.
SEC. 8157. INLAND WATERWAY PROJECTS.

(a) IN GENERAL.—Section 102(a) of the Water Resources
Development Act of 1986 (33 U.S.C. 2212(a)) is amended—
(1) in the matter preceding paragraph (1), by striking ‘‘Onehalf of the costs’’ and inserting ‘‘65 percent of the costs’’; and
(2) in the undesignated matter following paragraph (3),
in the second sentence, by striking ‘‘One-half of such costs’’
and inserting ‘‘35 percent of such costs’’.
(b) APPLICATION.—The amendments made by subsection (a)
shall apply beginning on October 1, 2022, to any construction of
a project for navigation on the inland waterways that is new or
ongoing on or after that date.
(c) CONFORMING AMENDMENT.—Section 109 of the Water
Resources Development Act of 2020 (33 U.S.C. 2212 note) is
amended by striking ‘‘fiscal years 2021 through 2031’’ and inserting
‘‘fiscal years 2021 through 2022’’.
SEC. 8158. CORPS OF ENGINEERS WESTERN WATER COOPERATIVE
COMMITTEE.

(a) ESTABLISHMENT.—
(1) IN GENERAL.—Not later than 90 days after the date
of enactment of this Act, the Secretary shall establish a Western
Water Cooperative Committee (referred to in this section as
the ‘‘Cooperative Committee’’).
(2) PURPOSE.—The purpose of the Cooperative Committee
is to ensure that Corps of Engineers flood control projects
in Western States are operated consistent with congressional
directives by identifying opportunities to avoid or minimize
conflicts between the operation of Corps of Engineers projects
and water rights and water laws in such States.
(3) MEMBERSHIP.—The Cooperative Committee shall be
composed of—
(A) the Assistant Secretary of the Army for Civil Works
(or a designee);
(B) the Chief of Engineers (or a designee);

H. R. 7776—1345
(C) 1 representative from each of the Western States,
who may serve on the Western States Water Council, to
be appointed by the Governor of each State;
(D) 1 representative with legal experience from each
of the Western States, to be appointed by the attorney
general of each State; and
(E) 1 employee from each of the impacted regional
offices of the Bureau of Indian Affairs.
(4) MEETINGS.—
(A) IN GENERAL.—The Cooperative Committee shall
meet not less than once each year in one of the Western
States.
(B) AVAILABLE TO PUBLIC.—Each meeting of the
Cooperative Committee shall be open and accessible to
the public.
(C) NOTIFICATION.—The Cooperative Committee shall
publish in the Federal Register adequate advance notice
of a meeting of the Cooperative Committee.
(5) DUTIES.—
(A) IN GENERAL.—The Cooperative Committee shall
develop and make recommendations to avoid or minimize
conflicts between the operation of Corps of Engineers
projects and the water rights and water laws of Western
States.
(B) LIMITATION.—In carrying out subparagraph (A),
the Cooperative Committee shall—
(i) make recommendations that only apply to
Western States; and
(ii) ensure that any recommended changes or modifications to policy or regulations for Corps of Engineers
projects would not adversely affect water resources
within the State of Missouri.
(6) STATUS UPDATES.—
(A) IN GENERAL.—On an annual basis, the Secretary
shall provide to the Committee on Environment and Public
Works of the Senate and the Committee on Transportation
and Infrastructure of the House of Representatives a written report that includes—
(i) a summary of the contents of meetings of the
Cooperative Committee;
(ii) any legislative proposal from a Western State
proposed to the Cooperative Committee; and
(iii) a description of any recommendations made
by the Cooperative Committee under paragraph (5),
including actions taken by the Secretary in response
to such recommendations.
(B) COMMENT.—
(i) IN GENERAL.—Not later than 45 days following
the conclusion of a meeting of the Cooperative Committee, the Secretary shall provide to members of the
Cooperative Committee an opportunity to comment on
the contents of the meeting and any recommendations
made under paragraph (5).
(ii) INCLUSION.—Comments provided under clause
(i) shall be included in the report provided under
subparagraph (A).
(7) COMPENSATION.—

H. R. 7776—1346
(A) IN GENERAL.—Except as provided in subparagraph
(B), the members of the Cooperative Committee shall serve
without compensation.
(B) TRAVEL EXPENSES.—The members of the Cooperative Committee shall receive travel expenses, including per
diem in lieu of subsistence, in accordance with applicable
provisions under subchapter I of chapter 57 of title 5,
United States Code.
(8) MAINTENANCE OF RECORDS.—The Cooperative Committee shall maintain records pertaining to operating costs
and records of the Cooperative Committee for a period of not
less than 3 years.
(9) SAVINGS PROVISIONS.—
(A) NO ADDITIONAL AUTHORITY.—Nothing in this section provides authority to the Cooperative Committee to
affect any Federal or State water law or interstate compact
governing water.
(B) OTHER STATES.—Nothing in this section may be
interpreted, by negative implication or otherwise, as suggesting that States not represented on the Cooperative
Committee have lesser interest or authority, in relation
to Western States, in managing the water within their
borders or in vindicating State water rights and water
laws.
(b) DEFINITION OF WESTERN STATES.—In this section, the term
‘‘Western States’’ means the States of Alaska, Arizona, California,
Colorado, Idaho, Kansas, Montana, Nebraska, Nevada, New Mexico,
North Dakota, Oklahoma, Oregon, South Dakota, Texas, Utah,
Washington, and Wyoming.
SEC. 8159. SUPPORT OF ARMY CIVIL WORKS MISSIONS.

The Secretary is authorized to use contracts, cooperative agreements, or any other authorized means, in support of the Corps
of Engineers civil works missions, to work with—
(1) the University of Delaware to conduct academic research
on water resource ecology, water quality, aquatic ecosystem
restoration (including shellfish aquaculture), coastal restoration, and water resource-related emergency management, in
the State of Delaware, the Delaware River Basin, and the
Chesapeake Bay watershed;
(2) the University of Missouri to conduct economic analyses
and other academic research to improve water management,
enhance flood resiliency, and preserve water resources for the
State of Missouri, the Lower Missouri River Basin, and Upper
Mississippi River Basin;
(3) Oregon State University to conduct a study and other
academic research on the associated impacts of wildfire on
water resource ecology, water supply, quality, and distribution
in the Willamette River Basin and to develop a water resource
assessment and management platform for the Willamette River
Basin; and
(4) West Virginia University to conduct academic research
on flood risk management, water resource-related emergency
management, aquatic ecosystem restoration, water quality,
hydropower, and water resource-related recreation in the State
of West Virginia.

H. R. 7776—1347
SEC. 8160. CIVIL WORKS RESEARCH AND DEVELOPMENT.

(a) IN GENERAL.—Section 7 of the Water Resources Development Act of 1988 (33 U.S.C. 2313) is amended to read as follows:
‘‘SEC. 7. RESEARCH AND DEVELOPMENT.

‘‘(a) IN GENERAL.—The Secretary is authorized to carry out
basic, applied, and advanced research activities as required to aid
in the planning, design, construction, operation, and maintenance
of water resources development projects and to support the missions
and authorities of the Corps of Engineers.
‘‘(b) TESTING AND APPLICATION.—In carrying out subsection
(a), the Secretary is authorized to test and apply technology, tools,
techniques, and materials developed pursuant to such subsection,
including the testing and application of such technology, tools,
techniques, and materials at authorized water resources development projects, in consultation with the non-Federal interests for
such projects.
‘‘(c) OTHER TRANSACTIONAL AUTHORITY FOR PROTOTYPE
PROJECTS.—
‘‘(1) IN GENERAL.—In carrying out subsection (b), the Secretary is authorized to enter into transactions (other than contracts, cooperative agreements, or grants) to carry out prototype
projects to support basic, applied, and advanced research activities that are directly relevant to the civil works missions and
authorities of the Corps of Engineers.
‘‘(2) FOLLOW-ON PRODUCTION TRANSACTIONS.—A transaction
entered into under paragraph (1) for a prototype project may
provide for the award of a follow-on production contract or
transaction to the participants in the transaction in accordance
with the requirements of section 4022 of title 10, United States
Code.
‘‘(3) GUIDANCE.—Prior to entering into the first transaction
under this subsection, the Secretary shall issue guidance for
entering into transactions under this subsection (including guidance for follow-on production contracts or transactions under
paragraph (2)).
‘‘(4) CONDITIONS.—In carrying out this subsection, the Secretary shall ensure that—
‘‘(A) competitive procedures are used to the maximum
extent practicable to award each transaction; and
‘‘(B) at least one of the following conditions is met
with respect to each transaction:
‘‘(i) The prototype project includes significant
participation by at least one nonprofit research institution or nontraditional defense contractor, as that term
is defined in section 3014 of title 10, United States
Code.
‘‘(ii) All significant participants in the transaction
other than the Federal Government are small business
concerns, as that term is used in section 3 of the
Small Business Act (15 U.S.C. 632) (including such
concerns participating in a program described in section 9 of such Act (15 U.S.C. 638)).
‘‘(iii) At least one-third of the total cost of the
prototype project is to be paid out of funds provided
by sources other than the Federal Government.

H. R. 7776—1348
‘‘(iv) The Head of the Contracting Activity for the
Corps of Engineers submits to the Committee on
Transportation and Infrastructure of the House of Representatives and the Committee on Environment and
Public Works of the Senate a notification that exceptional circumstances justify the use of a transaction
that provides for innovative business arrangements or
structures that would not be feasible or appropriate
under a contract, cooperative agreement, or grant.
‘‘(5) NOTIFICATION.—Not later than 30 days before the Secretary enters into a transaction under paragraph (1), the Secretary shall notify the Committee on Transportation and Infrastructure of the House of Representatives and the Committee
on Environment and Public Works of the Senate of—
‘‘(A) the dollar amount of the transaction;
‘‘(B) the entity carrying out the prototype project that
is the subject of the transaction;
‘‘(C) the justification for the transaction; and
‘‘(D) as applicable, the water resources development
project where the prototype project will be carried out.
‘‘(6) REPORT.—Not later than 4 years after the date of
enactment of the Water Resources Development Act of 2022,
the Secretary shall submit to the Committee on Transportation
and Infrastructure of the House of Representatives and the
Committee on Environment and Public Works of the Senate
a report describing the use of the authority under this subsection.
‘‘(7) COMPTROLLER GENERAL ACCESS TO INFORMATION.—
‘‘(A) EXAMINATION OF RECORDS.—Each transaction
entered into under this subsection shall provide for mandatory examination by the Comptroller General of the United
States of the records of any party to the transaction or
any entity that participates in the performance of the transaction.
‘‘(B) LIMITATIONS.—
‘‘(i) PARTIES AND ENTITIES.—Examination of
records by the Comptroller General pursuant to
subparagraph (A) shall be limited as provided under
clause (ii) in the case of a party to the transaction,
an entity that participates in the performance of the
transaction, or a subordinate element of that party
or entity if the only transactions that the party, entity,
or subordinate element entered into with Government
entities in the year prior to the date of that transaction
were entered into under paragraph (1) or under section
4021 or 4022 of title 10, United States Code.
‘‘(ii) RECORDS.—The only records of a party, other
entity, or subordinate element referred to in clause
(i) that the Comptroller General may examine pursuant
to subparagraph (A) are records of the same type as
the records that the Government has had the right
to examine under the audit access clauses of the previous transactions referred to in such clause that were
entered into by that particular party, entity, or subordinate element.
‘‘(C) WAIVER.—The Head of the Contracting Activity
for the Corps of Engineers may waive the applicability

H. R. 7776—1349
of subparagraph (A) to a transaction if the Head of the
Contracting Activity for the Corps of Engineers—
‘‘(i) determines that it would not be in the public
interest to apply the requirement to the transaction;
and
‘‘(ii) transmits to the Committee on Environment
and Public Works of the Senate, the Committee on
Transportation and Infrastructure of the House of Representatives, and the Comptroller General, before the
transaction is entered into, a notification of the waiver,
including the rationale for the determination under
clause (i).
‘‘(D) TIMING.—The Comptroller General may not
examine records pursuant to subparagraph (A) more than
3 years after the final payment is made by the United
States under the transaction.
‘‘(E) REPORT.—Not later than 1 year after the date
of enactment of the Water Resources Development Act
of 2022, and annually thereafter, the Comptroller General
shall submit to the Committee on Environment and Public
Works of the Senate and the Committee on Transportation
and Infrastructure of the House of Representatives a report
on the use of the authority under this paragraph.
‘‘(8) TERMINATION OF AUTHORITY.—The authority to enter
into a transaction under this subsection shall terminate on
December 31, 2028.
‘‘(d) COORDINATION AND CONSULTATION.—In carrying out this
section, the Secretary may coordinate and consult with Federal
agencies, State and local agencies, Indian Tribes, universities,
consortiums, councils, and other relevant entities that will aid in
the planning, design, construction, operation, and maintenance of
water resources development projects.
‘‘(e) ANNUAL REPORT.—
‘‘(1) IN GENERAL.—For fiscal year 2025, and annually thereafter, in conjunction with the annual budget submission of
the President to Congress under section 1105(a) of title 31,
United States Code, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and
the Committee on Transportation and Infrastructure of the
House of Representatives a report on basic, applied, and
advanced research activities and prototype projects carried out
under this section.
‘‘(2) CONTENTS.—Each report under paragraph (1) shall
include—
‘‘(A) a description of each ongoing and new activity
or project, including—
‘‘(i) the estimated total cost of the activity or
project;
‘‘(ii) the amount of Federal expenditures for the
activity or project;
‘‘(iii) the amounts provided by a non-Federal party
to a transaction described in subsection (c), if
applicable;
‘‘(iv) the estimated timeline for completion of the
activity or project;
‘‘(v) the requesting district of the Corps of Engineers, if applicable; and

H. R. 7776—1350
‘‘(vi) how the activity or project is consistent with
subsection (a); and
‘‘(B) any additional information that the Secretary
determines to be appropriate.
‘‘(f) SAVINGS CLAUSE.—Nothing in this section affects the
authority of the Secretary to carry out, through the Engineer
Research and Development Center, any activity requested by a
district of the Corps of Engineers in support of a water resources
development project or feasibility study (as defined in section 105(d)
of the Water Resources Development Act of 1986 (33 U.S.C.
2215(d))).
‘‘(g) ESTABLISHMENT OF ACCOUNT.—The Secretary, in consultation with the Director of the Office of Management and Budget,
shall establish a separate appropriations account for administering
funds made available to carry out this section.’’.
(b) CLERICAL AMENDMENT.—The table of contents contained
in section 1(b) of the Water Resources Development Act of 1988
(102 Stat. 4012) is amended by striking the item relating to section
7 and inserting the following:
‘‘Sec. 7. Research and development.’’.
SEC. 8161. SENSE OF CONGRESS ON OPERATIONS AND MAINTENANCE
OF RECREATION SITES.

It is the sense of Congress that the Secretary, in each work
plan submitted to Congress by the Secretary, should distribute
amounts provided for the operations and maintenance of recreation
sites of the Corps of Engineers so that each site receives an amount
that is not less than 80 percent of the recreation fees generated
by such site in a given year.
SEC. 8162. SENSE OF CONGRESS RELATING TO POST-DISASTER
REPAIRS.

It is the sense of Congress that in scoping and funding postdisaster repairs, the Secretary should, to the maximum extent
practicable, repair assets—
(1) to project design levels; or
(2) if the original project design is outdated, to a higher
level than the project design level.

Subtitle B—Studies and Reports
SEC. 8201. AUTHORIZATION OF PROPOSED FEASIBILITY STUDIES.

(a) NEW PROJECTS.—The Secretary is authorized to conduct
a feasibility study for the following projects for water resources
development and conservation and other purposes, as identified
in the reports titled ‘‘Report to Congress on Future Water Resources
Development’’ submitted to Congress pursuant to section 7001 of
the Water Resources Reform and Development Act of 2014 (33
U.S.C. 2282d) or otherwise reviewed by Congress:
(1) DUDLEYVILLE, ARIZONA.—Project for flood risk management, Dudleyville, Arizona.
(2) MCMICKEN DAM, ARIZONA.—Project for flood risk
management, McMicken Dam, Arizona.
(3) CONN CREEK DAM, CALIFORNIA.—Project for flood risk
management, Conn Creek Dam, California.
(4) CITY OF HUNTINGTON BEACH, CALIFORNIA.—Project for
hurricane and storm damage risk reduction, including sea level

H. R. 7776—1351
rise, and shoreline stabilization, City of Huntington Beach,
California.
(5) NAPA RIVER, CALIFORNIA.—Project for navigation, Federal Channel of Napa River, California.
(6) PETALUMA RIVER WETLANDS, CALIFORNIA.—Project for
ecosystem restoration, City of Petaluma, California.
(7) CITY OF RIALTO, CALIFORNIA.—Project for ecosystem restoration and flood risk management, City of Rialto and vicinity,
California.
(8) NORTH RICHMOND, CALIFORNIA.—Project for hurricane
and storm damage risk reduction, including sea level rise,
and ecosystem restoration, North Richmond, California.
(9) STRATFORD, CONNECTICUT.—Project for hurricane and
storm damage risk reduction and flood risk management, Stratford, Connecticut.
(10) THATCHBED ISLAND, CONNECTICUT.—Project for flood
risk management and ecosystem restoration, Thatchbed Island,
Essex, Connecticut.
(11) WOODBRIDGE, CONNECTICUT.—Project for flood risk
management, Woodbridge, Connecticut.
(12) FEDERAL TRIANGLE AREA, WASHINGTON, DISTRICT OF
COLUMBIA.—Project for flood risk management, Federal Triangle Area, Washington, District of Columbia, including
construction of improvements to interior drainage.
(13) POTOMAC AND ANACOSTIA RIVERS, WASHINGTON, DISTRICT OF COLUMBIA.—Project for recreational access, including
enclosed swimming areas, Potomac and Anacostia Rivers, District of Columbia.
(14) WASHINGTON METROPOLITAN AREA, WASHINGTON, DISTRICT OF COLUMBIA, MARYLAND, AND VIRGINIA.—Project for
water supply, including the identification of a secondary water
source and additional water storage capability for the Washington Metropolitan Area, Washington, District of Columbia,
Maryland, and Virginia.
(15) TOWN OF LONGBOAT KEY, FLORIDA.—Project for whole
island hurricane and storm damage risk reduction, Town of
Longboat Key, Florida.
(16) LAKE RUNNYMEDE, FLORIDA.—Project for ecosystem restoration, Lake Runnymede, Florida.
(17) TAMPA BACK BAY, FLORIDA.—Project for flood risk
management and hurricane and storm damage risk reduction,
including the use of natural features and nature-based features
for protection and recreation, Tampa Back Bay, Florida.
(18) PORT TAMPA BAY AND MCKAY BAY, FLORIDA.—Project
for hurricane and storm damage risk reduction, Port Tampa
Bay, Florida, including McKay Bay.
(19) LAKE TOHOPEKALIGA, FLORIDA.—Project for ecosystem
restoration and flood risk management, Lake Tohopekaliga,
Florida.
(20) CITY OF ALBANY, GEORGIA.—Project for flood risk
management, City of Albany, Georgia.
(21) CITY OF EAST POINT, GEORGIA.—Project for flood risk
management, City of East Point, Georgia.
(22) CUMBERLAND ISLAND AND SEA ISLAND, GEORGIA.—
Project for ecosystem restoration and coastal storm risk
management, Cumberland Island and Sea Island, Georgia.

H. R. 7776—1352
(23) FLINT RIVER BASIN HEADWATERS, CLAYTON COUNTY,
GEORGIA.—Project for flood risk management and ecosystem
restoration, Flint River Basin Headwaters, Clayton County,
Georgia.
(24) COUNTY OF HAWAI‘I, HAWAII.—Project for flood and
coastal storm risk management, County of Hawai‘i, Hawaii.
(25) MAUI, HAWAII.—Project for coastal storm risk management, County of Maui, Hawaii.
(26) WAIKI¯KI¯, HAWAII.—Project for ecosystem restoration
and hurricane and storm damage risk reduction, Waikı¯kı¯,
Hawaii.
(27) WAILUPE STREAM WATERSHED, HAWAII.—Project for
flood risk management, Wailupe Stream watershed, Hawaii.
(28) COLUMBUS, KENTUCKY.—Project for flood risk management, including riverbank stabilization, Columbus, Kentucky.
(29) CUMBERLAND RIVER, KENTUCKY.—Project for navigation, Cumberland River, Kentucky.
(30) JENKINS, KENTUCKY.—Project for flood risk management and water supply, Jenkins, Kentucky.
(31) KENTUCKY RIVER, KENTUCKY.—Project for flood risk
management on the Kentucky River and its tributaries and
watersheds in Breathitt, Clay, Estill, Harlan, Lee, Leslie,
Letcher, Owsley, Perry, and Wolfe Counties, Kentucky.
(32) NEWPORT, KENTUCKY.—Project for ecosystem restoration, flood risk management, and recreation, Newport, Kentucky.
(33) ELLICOTT CITY AND HOWARD COUNTY, MARYLAND.—
Project for flood risk management, Ellicott City and Howard
County, Maryland.
(34) ASSAWOMPSET POND COMPLEX, MASSACHUSETTS.—
Project for ecosystem restoration, flood risk management, and
water supply, Assawompset Pond Complex, Massachusetts.
(35) CHARLES RIVER, MASSACHUSETTS.—Project for flood risk
management and ecosystem restoration, Charles River,
Massachusetts.
(36) CHELSEA CREEK AND MILL CREEK, MASSACHUSETTS.—
Project for flood risk management and ecosystem restoration,
including bank stabilization, City of Chelsea, Massachusetts.
(37) CONNECTICUT RIVER STREAMBANK EROSION, MASSACHUSETTS, VERMONT, AND NEW HAMPSHIRE.—Project for streambank
erosion, Connecticut River, Massachusetts, Vermont, and New
Hampshire.
(38) DEERFIELD RIVER, MASSACHUSETTS.—Project for flood
risk management and ecosystem restoration, Deerfield River,
Massachusetts.
(39) TOWN OF NORTH ATTLEBOROUGH, MASSACHUSETTS.—
Project for ecosystem restoration and flood risk management,
Ten Mile River, North Attleborough, Massachusetts.
(40) TOWN OF HULL, MASSACHUSETTS.—Project for flood risk
management and hurricane and storm damage risk reduction,
Hull, Massachusetts.
(41) CITY OF REVERE, MASSACHUSETTS.—Project for flood
risk management and marsh ecosystem restoration, City of
Revere, Massachusetts.
(42) LOWER EAST SIDE, DETROIT, MICHIGAN.—Project for
flood risk management, Lower East Side, Detroit, Michigan.

H. R. 7776—1353
(43) ELIJAH ROOT DAM, MICHIGAN.—Project for dam
removal, by carrying out a disposition study under section
216 of the Flood Control Act of 1970 (33 U.S.C. 549a), Elijah
Root Dam, Michigan.
(44) GROSSE POINTE SHORES AND GROSSE POINTE FARMS,
MICHIGAN.—Project for ecosystem restoration and flood risk
management, Grosse Pointe Shores and Grosse Pointe Farms,
Michigan.
(45) SOUTHEAST MICHIGAN, MICHIGAN.—Project for flood
risk management, Southeast Michigan.
(46) TITTABAWASSEE RIVER, CHIPPEWA RIVER, PINE RIVER,
AND TOBACCO RIVER, MICHIGAN.—Project for flood risk management and ecosystem restoration, Tittabawassee River, Chippewa River, Pine River, and Tobacco River, Michigan.
(47) SOUTHWEST MISSISSIPPI, MISSISSIPPI.—Project for ecosystem restoration and flood risk management, Wilkinson,
Adams, Warren, Claiborne, Franklin, Amite, and Jefferson
Counties, Mississippi.
(48) BELLEVUE, NEBRASKA.—Project for flood risk management, Bellevue, Nebraska, including the placement of a pump
station near Offutt Ditch.
(49) PAPILLION CREEK, NEBRASKA.—Project for flood risk
management, including levee improvement, Papillion Creek,
Nebraska.
(50) SARPY COUNTY, NEBRASKA.—Project for flood risk
management, Sarpy County, Nebraska.
(51) CAMDEN AND GLOUCESTER COUNTY, NEW JERSEY.—
Project for tidal and riverine flood risk management, Camden
and Gloucester Counties, New Jersey.
(52) EDGEWATER, NEW JERSEY.—Project for flood risk
management, Edgewater, New Jersey.
(53) MAURICE RIVER, NEW JERSEY.—Project for navigation
and for beneficial use of dredged materials for hurricane and
storm damage risk reduction and ecosystem restoration, Maurice River, New Jersey.
(54) NORTHERN NEW JERSEY INLAND FLOODING, NEW
JERSEY.—Project for inland flood risk management in Hudson,
Essex, Union, Bergen, Hunterdon, Morris, Somerset, Warren,
Passaic, and Sussex Counties, New Jersey.
(55) RISER DITCH, NEW JERSEY.—Project for flood risk
management, including channel improvements, and other
related water resource needs related to Riser Ditch in the
communities of South Hackensack, Hasbrouck Heights, Little
Ferry, Teterboro, and Moonachie, New Jersey.
(56) ROCKAWAY RIVER, NEW JERSEY.—Project for flood risk
management and ecosystem restoration, including bank stabilization, Rockaway River, New Jersey.
(57) TENAKILL BROOK, NEW JERSEY.—Project for flood risk
management, Tenakill Brook, New Jersey.
(58) VERONA, CEDAR GROVE, AND WEST CALDWELL, NEW
JERSEY.—Project for flood risk management along the Peckman
River Basin in the townships of Verona (and surrounding area),
Cedar Grove, and West Caldwell, New Jersey.
(59) WHIPPANY RIVER WATERSHED, NEW JERSEY.—Project
for flood risk management, Morris County, New Jersey.
(60) LAKE FARMINGTON DAM, NEW MEXICO.—Project for
water supply, Lake Farmington Dam, New Mexico.

H. R. 7776—1354
(61) MCCLURE DAM, NEW MEXICO.—Project for dam safety
improvements and flood risk management, McClure Dam, City
of Santa Fe, New Mexico.
(62) BLIND BROOK, NEW YORK.—Project for flood risk
management, coastal storm risk management, navigation, ecosystem restoration, and water supply, Blind Brook, New York.
(63) BROOKLYN NAVY YARD, NEW YORK.—Project for flood
risk management and hurricane and storm damage risk reduction, Brooklyn Navy Yard, New York.
(64) CONNETQUOT RIVER AND GREEN CREEK, NEW YORK.—
Project for navigation, Connetquot River and Green Creek,
Suffolk County, New York.
(65) HUTCHINSON RIVER, NEW YORK.—Project for flood risk
management and ecosystem restoration, Hutchinson River, New
York.
(66) MOHAWK RIVER BASIN, NEW YORK.—Project for flood
risk management, navigation, and environmental restoration,
Mohawk River Basin, New York.
(67) NEWTOWN CREEK, NEW YORK.—Project for ecosystem
restoration, Newtown Creek, New York.
(68) JOHN J. BURNS PARK, OYSTER BAY, NEW YORK.—Project
for flood risk management and hurricane and storm risk reduction, Oyster Bay, New York, in the vicinity of John J. Burns
Park, Massapequa, New York, including the replacement and
reconstruction of the existing bulkhead system.
(69) JOSEPH J. SALADINO MEMORIAL MARINA, OYSTER BAY,
NEW YORK.—Project for flood risk management and hurricane
and storm risk reduction, Oyster Bay, New York, in the vicinity
of the Joseph J. Saladino Memorial Marina, Massapequa, New
York, including the replacement and reconstruction of the
existing bulkhead system.
(70) SAW MILL RIVER, NEW YORK.—Project for flood risk
management and ecosystem restoration to address areas in
the City of Yonkers and the Village of Hastings-on-Hudson
within the 100-year flood zone, Saw Mill River, New York.
(71) SOUTH SHORE OF LONG ISLAND, NEW YORK.—Project
for flood and coastal storm risk management, navigation, and
ecosystem restoration, South Shore of Long Island, New York.
(72) UPPER EAST RIVER AND FLUSHING BAY, NEW YORK.—
Project for ecosystem restoration, Upper East River and
Flushing Bay, New York.
(73) CAPE FEAR RIVER BASIN, NORTH CAROLINA.—Project
for flood and coastal storm risk management, Cape Fear River
Basin, North Carolina.
(74) OREGON INLET, NORTH CAROLINA.—Project for navigation, Oregon Inlet, North Carolina.
(75) MINERAL RIDGE DAM, OHIO.—Project for dam safety
improvements and rehabilitation, Mineral Ridge Dam, Ohio.
(76) MILL CREEK LEVEE AND WALLA WALLA RIVER,
OREGON.—Project for ecosystem restoration, Mill Creek Levee
and Walla Walla River, Oregon.
(77) BRODHEAD CREEK WATERSHED, PENNSYLVANIA.—Project
for ecosystem restoration and flood risk management, Brodhead
Creek Watershed, Pennsylvania.
(78) CHARTIERS CREEK WATERSHED, PENNSYLVANIA.—
Project for flood risk management, Chartiers Creek Watershed,
Pennsylvania.

H. R. 7776—1355
(79) COPLAY CREEK, PENNSYLVANIA.—Project for flood risk
management, Coplay Creek, Pennsylvania.
(80) BERKELEY COUNTY, SOUTH CAROLINA.—Project for ecosystem restoration and flood risk management, Berkeley
County, South Carolina.
(81) BIG SIOUX RIVER, SOUTH DAKOTA.—Project for flood
risk management, City of Watertown and vicinity, South
Dakota.
(82) EL PASO COUNTY, TEXAS.—Project for flood risk
management for economically disadvantaged communities, as
defined by the Secretary under section 160 of the Water
Resources Development Act of 2020 (33 U.S.C. 2201 note),
along the United States-Mexico border, El Paso County, Texas.
(83) GULF INTRACOASTAL WATERWAY-CHANNEL TO PALACIOS,
TEXAS.—Project for navigation, Gulf Intracoastal WaterwayChannel to Palacios, Texas.
(84) HIDALGO AND CAMERON COUNTIES, TEXAS.—Project for
flood risk management and ecosystem restoration, the Resacas,
Hidalgo and Cameron Counties, Texas.
(85) SIKES LAKE, TEXAS.—Project for ecosystem restoration
and flood risk management, Sikes Lake, Texas.
(86) SOUTHWEST BORDER REGION, TEXAS.—Project for flood
risk management for economically disadvantaged communities,
as defined by the Secretary under section 160 of the Water
Resources Development Act of 2020 (33 U.S.C. 2201 note),
along the United States-Mexico border in Webb, Zapata, and
Starr Counties, Texas.
(87) LOWER CLEAR CREEK AND DICKINSON BAYOU, TEXAS.—
Project for flood risk management, Lower Clear Creek and
Dickinson Bayou, Texas.
(88) GREAT SALT LAKE, UTAH.—Project for ecosystem restoration and water supply, Great Salt Lake, Utah.
(89) CEDAR ISLAND, VIRGINIA.—Project for ecosystem restoration, hurricane and storm damage risk reduction, and
navigation, Cedar Island, Virginia.
(90) BALLINGER CREEK, WASHINGTON.—Project for ecosystem restoration, City of Shoreline, Washington.
(91) CITY OF NORTH BEND, WASHINGTON.—Project for water
supply, City of North Bend, Washington.
(92) TANEUM CREEK, WASHINGTON.—Project for ecosystem
restoration, Taneum Creek, Washington.
(93) CITY OF HUNTINGTON, WEST VIRGINIA.—Project for flood
risk management, Huntington, West Virginia.
(94) FOX-WOLF BASIN, WISCONSIN.—Project for flood risk
management and water supply, Fox-Wolf Basin, Wisconsin.
(b) PROJECT MODIFICATIONS.—The Secretary is authorized to
conduct a feasibility study for the following project modifications:
(1) CRAIGHEAD, POINSETT, AND CROSS COUNTIES,
ARKANSAS.—Modifications to the project for flood protection and
major drainage improvement in the Saint Francis River Basin,
Missouri and Arkansas, authorized by section 204 of the Flood
Control Act of 1950 (64 Stat. 172), to provide flood risk management for the tributaries and drainage of Straight Slough,
Craighead, Poinsett, and Cross Counties, Arkansas.
(2) SHINGLE CREEK AND KISSIMMEE RIVER, FLORIDA.—Modifications to the project for ecosystem restoration and water

H. R. 7776—1356
storage, Shingle Creek and Kissimmee River, Florida, authorized by section 201(a)(5) of the Water Resources Development
Act of 2020 (134 Stat. 2670), for flood risk management.
(3) JACKSONVILLE HARBOR, FLORIDA.—Modifications to the
project for navigation, Jacksonville Harbor, Florida, authorized
by section 7002 of the Water Resources Reform and Development Act of 2014 (128 Stat. 1364), for outer channel improvements.
(4) SAVANNAH HARBOR, GEORGIA.—Modifications to the
project for navigation, Savannah Harbor Expansion Project,
Georgia, authorized by section 7002(1) of the Water Resources
Reform and Development Act of 2014 (128 Stat. 1364; 132
Stat. 3839), without evaluation of additional deepening.
(5) HONOLULU HARBOR, HAWAII.—Modifications to the
project for navigation, Honolulu Harbor, Hawaii, for navigation
improvements and coastal storm risk management, authorized
by the first section of the Act of March 3, 1905 (chapter 1482,
33 Stat. 1146).
(6) CEDAR RIVER, CEDAR RAPIDS, IOWA.—Modifications to
the project for flood risk management, Cedar River, Cedar
Rapids, Iowa, authorized by section 7002(2) of the Water
Resources Reform and Development Act of 2014 (128 Stat.
1366), consistent with the City of Cedar Rapids, Iowa, Cedar
River Flood Control System Master Plan.
(7) SOUTH HAVEN HARBOR, MICHIGAN.—Modifications to the
project for navigation, South Haven Harbor, Michigan, for
turning basin improvements, authorized by the first section
of the Act of August 11, 1888 (chapter 860, 25 Stat. 406).
(8) SALEM RIVER, SALEM COUNTY, NEW JERSEY.—Modifications to the project for navigation, Salem River, Salem County,
New Jersey, authorized by section 1 of the Act of March 2,
1907 (chapter 2509, 34 Stat. 1080), to increase the authorized
depth.
(9) PORT OF OGDENSBURG, NEW YORK.—Modifications to
the project for navigation, Port of Ogdensburg, New York,
including deepening, authorized by the first section of the Act
of June 25, 1910 (chapter 382, 36 Stat. 635).
(10) ROLLINSON CHANNEL AND HATTERAS INLET TO HATTERAS, NORTH CAROLINA.—Modifications to the project for
navigation, Rollinson Channel and channel from Hatteras Inlet
to Hatteras, North Carolina, authorized by section 101 of the
River and Harbor Act of 1962 (76 Stat. 1174), to incorporate
the ocean bar.
(11) HIRAM M. CHITTENDEN LOCKS, LAKE WASHINGTON SHIP
CANAL,
WASHINGTON.—Modifications
to the Hiram M.
Chittenden Locks (also known as Ballard Locks), Lake Washington Ship Canal, Washington, authorized by the Act of June
25, 1910 (chapter 382, 36 Stat. 666), for the construction of
fish ladder improvements, including efforts to address elevated
temperature and low dissolved oxygen levels in the Canal.
(12) HUNTINGTON, WEST VIRGINIA.—Modifications to the
Huntington Local Protection Project, Huntington, West Virginia.
(c) SPECIAL RULES.—
(1) WAILUPE STREAM WATERSHED, HAWAII.—The study
authorized by subsection (a)(27) shall be considered a resumption and a continuation of the general reevaluation initiated

H. R. 7776—1357
on December 30, 2003, pursuant to section 209 of the Flood
Control Act (76 Stat. 1197).
(2) BELLEVUE AND PAPILLION CREEK, NEBRASKA.—The
studies authorized by paragraphs (48) and (49) of subsection
(a) shall be considered a continuation of the study that resulted
in the Chief’s Report for the project for Papillion Creek and
Tributaries Lakes, Nebraska, signed January 24, 2022.
(3) SOUTH SHORE OF LONG ISLAND, NEW YORK.—In carrying
out the study authorized by subsection (a)(71), the Secretary
shall study the South Shore of Long Island, New York, as
a whole system, including inlets that are Federal channels.
(4) PROJECT MODIFICATIONS.—Each study authorized by
subsection (b) shall be considered a new phase investigation
and afforded the same treatment as a general reevaluation.
SEC. 8202. EXPEDITED COMPLETION.

(a) FEASIBILITY STUDIES.—The Secretary shall expedite the
completion of a feasibility study for each of the following projects,
and if the Secretary determines that the project is justified in
a completed report, may proceed directly to preconstruction planning, engineering, and design of the project:
(1) Modifications to the project for navigation, Auke Bay,
Alaska.
(2) Project for flood risk management, Cave Buttes Dam,
Arizona.
(3) Project for navigation, Branford Harbor and Stony
Creek Channel, Connecticut.
(4) Project for flood risk management, East Hartford Levee
System, Connecticut.
(5) Project for navigation, Guilford Harbor and Sluice
Channel, Connecticut.
(6) Project for ecosystem restoration, Lake Okeechobee,
Florida.
(7) Project for ecosystem restoration, Western Everglades,
Florida.
(8) Modifications to the project for navigation, Hilo Harbor,
Hawaii.
(9) Project for ecosystem restoration, Fox River, Illinois,
included in the comprehensive plan under section 519 of the
Water Resources Development Act of 2000 (114 Stat. 2653).
(10) Project for ecosystem restoration, recreation, and other
purposes, Illinois River, Chicago River, Calumet River, Grand
Calumet River, Little Calumet River, and other waterways
in the vicinity of Chicago, Illinois, authorized by section
201(a)(7) of the Water Resources Development Act of 2020
(134 Stat. 2670).
(11) Project for hurricane and storm damage risk reduction,
Chicago Shoreline, Illinois, authorized by section 101(a)(12)
of the Water Resources Development Act of 1996 (110 Stat.
3664; 128 Stat. 1372).
(12) Project for coastal storm risk management, St. Tammany Parish, Louisiana.
(13) Modifications to the project for navigation, Baltimore
Harbor and Channels–Seagirt Loop Deepening, Maryland,
including to a depth of 50 feet.

H. R. 7776—1358
(14) Project for flood and coastal storm risk management
and ecosystem restoration, Boston North Shore, Revere, Saugus,
Lynn, Malden, and Everett, Massachusetts.
(15) Project for flood and coastal storm risk management,
Chelsea, Massachusetts, authorized by a study resolution of
the Committee on Public Works of the Senate dated September
12, 1969.
(16) Project for ecosystem restoration, Herring River
Estuary, Barnstable County, Massachusetts, authorized by a
resolution of the Committee on Transportation and Infrastructure of the House of Representatives, approved July 23, 1997.
(17) Modifications to the project for flood risk management,
North Adams, Massachusetts, authorized by section 5 of the
Act of June 22, 1936 (chapter 688, 49 Stat. 1572; 55 Stat.
639), for flood risk management and ecosystem restoration.
(18) Project for coastal storm risk management, ecosystem
restoration, and navigation, Nauset Barrier Beach and inlet
system, Chatham, Massachusetts, authorized by a study resolution of the Committee on Public Works of the Senate dated
September 12, 1969.
(19) Project for flood risk management, DeSoto County,
Mississippi.
(20) Project for flood risk management, Rahway, New
Jersey, authorized by section 336 of the Water Resources
Development Act of 2020 (134 Stat. 2712).
(21) Project for coastal storm risk management, Raritan
Bay and Sandy Hook Bay, New Jersey.
(22) Project for coastal storm risk management, Sea Bright
to Manasquan, New Jersey.
(23) Project for flood risk management, Rio Grande de
Loiza, Puerto Rico.
(24) Project for flood risk management, Rio Nigua, Salinas,
Puerto Rico.
(25) Project for flood risk management, Kanawha River
Basin, West Virginia, Virginia, and North Carolina.
(b) POST-AUTHORIZATION CHANGE REPORTS.—The Secretary
shall expedite completion of a post-authorization change report
for the following projects:
(1) Project for ecosystem restoration, Tres Rios, Arizona,
authorized by section 101(b)(4) of the Water Resources Development Act of 2000 (114 Stat. 2577).
(2) Project for coastal storm risk management, Surf City
and North Topsail Beach, North Carolina, authorized by section
7002(3) of the Water Resources Reform and Development Act
of 2014 (128 Stat. 1367).
(c) WATERSHED AND RIVER BASIN ASSESSMENTS.—
(1) GREAT LAKES COASTAL RESILIENCY STUDY.—The Secretary shall expedite the completion of the comprehensive
assessment of water resources needs for the Great Lakes
System under section 729 of the Water Resources Development
Act of 1986 (33 U.S.C. 2267a), as required by section 1219
of the Water Resources Development Act of 2018 (132 Stat.
3811; 134 Stat. 2683).
(2) COUNTY OF HAWAI‘I, HAWAII.—The Secretary shall expedite the completion of a watershed assessment for the County
of Hawai‘i, Hawaii, under section 729 of the Water Resources
Development Act of 1986 (33 U.S.C. 2267a).

H. R. 7776—1359
(d) MAINTENANCE OF NAVIGATION CHANNELS.—The Secretary
shall expedite the completion of a determination of the feasibility
of improvements proposed by the non-Federal interest under section
204(f)(1)(A)(i) of the Water Resources Development Act of 1986
(33 U.S.C. 2232(f)(1)(A)(i)), for the deepening and widening of the
navigation project for Coos Bay, Oregon, authorized by the Act
of March 3, 1879 (chapter 181, 20 Stat. 370).
SEC. 8203. EXPEDITED MODIFICATIONS OF EXISTING FEASIBILITY
STUDIES.

The Secretary shall expedite the completion of the following
feasibility studies, as modified by this section, and if the Secretary
determines that a project that is the subject of the feasibility
study is justified in the completed report, may proceed directly
to preconstruction planning, engineering, and design of the project:
(1) MARE ISLAND STRAIT, CALIFORNIA.—The study for
navigation, Mare Island Strait channel, authorized by section
406 of the Water Resources Development Act of 1999 (113
Stat. 323), is modified to authorize the Secretary to consider
the economic and national security benefits from recent proposals for utilization of the channel for Department of Defense
shipbuilding and vessel repair.
(2) LAKE PONTCHARTRAIN AND VICINITY, LOUISIANA.—The
study for flood risk management and hurricane and storm
damage risk reduction, Lake Pontchartrain and Vicinity, Louisiana, authorized by section 204 of the Flood Control Act
of 1965 (79 Stat. 1077), is modified to authorize the Secretary
to investigate increasing the scope of the project to provide
protection against a 200-year storm event.
(3) BLACKSTONE RIVER VALLEY, RHODE ISLAND AND
MASSACHUSETTS.—
(A) IN GENERAL.—The study for ecosystem restoration,
Blackstone River Valley, Rhode Island and Massachusetts,
authorized by section 569 of the Water Resources Development Act of 1996 (110 Stat. 3788), is modified to authorize
the Secretary to conduct a study for water supply, water
flow, and wetland restoration and protection within the
scope of the study.
(B) INCORPORATION OF EXISTING DATA.—In carrying out
the study described in subparagraph (A), the Secretary
shall use, to the extent practicable, any existing data for
the project prepared under the authority of section 206
of the Water Resources Development Act of 1996 (33 U.S.C.
2330).
(4) LOWER SADDLE RIVER, NEW JERSEY.—The study for flood
control, Lower Saddle River, New Jersey, authorized by section
401(a) of the Water Resources Development Act of 1986 (100
Stat. 4119), is modified to authorize the Secretary to review
the previously authorized study and take into consideration
changes in hydraulic and hydrologic circumstances and local
economic development since the study was initially authorized.
(5) TRINITY RIVER AND TRIBUTARIES, TEXAS.—The study for
navigation, Liberty, Texas, authorized by section 1201(7) of
the Water Resources Development Act of 2018 (132 Stat. 3802),
is modified to authorize the Secretary to include in the study
flood risk management and ecosystem restoration.

H. R. 7776—1360
SEC.

8204.

CORPS OF ENGINEERS
ASSESSMENT.

RESERVOIR

SEDIMENTATION

(a) IN GENERAL.—The Secretary, at Federal expense, shall conduct an assessment of sediment in reservoirs owned and operated
by the Secretary.
(b) CONTENTS.—For each reservoir for which the Secretary carries out an assessment under subsection (a), the Secretary shall
include in the assessment—
(1) an estimation of the volume of sediment in the reservoir;
(2) an evaluation of the effects of such sediment on reservoir
storage capacity, including a quantification of lost reservoir
storage capacity due to the sediment and an evaluation of
how such lost reservoir storage capacity affects the allocated
storage space for authorized purposes within the reservoir
(including, where applicable, allocations for dead storage, inactive storage, active conservation, joint use, and flood surcharge);
(3) the identification of any additional effects of sediment
on the operations of the reservoir or the ability of the reservoir
to meet its authorized purposes;
(4) the identification of any potential effects of the sediment
over the 10-year period beginning on the date of enactment
of this Act on the areas immediately upstream and downstream
of the reservoir;
(5) the identification of any existing sediment monitoring
and management plans associated with the reservoir;
(6) for any reservoir that does not have a sediment monitoring and management plan—
(A) an identification of whether a sediment management plan for the reservoir is under development; or
(B) an assessment of whether a sediment management
plan for the reservoir would be useful in the long-term
operation and maintenance of the reservoir for its authorized purposes; and
(7) any opportunities for beneficial use of the sediment
in the vicinity of the reservoir.
(c) REPORT TO CONGRESS; PUBLIC AVAILABILITY.—Not later than
2 years after the date of enactment of this Act, the Secretary
shall submit to the Committee on Transportation and Infrastructure
of the House of Representatives and the Committee on Environment
and Public Works of the Senate, and make publicly available
(including on a publicly available website), a report describing the
results of the assessment carried out under subsection (a).
(d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to carry out this section $10,000,000, to remain
available until expended.
SEC. 8205. REPORT AND RECOMMENDATIONS ON DREDGE CAPACITY.

(a) IN GENERAL.—Not later than 2 years after the date of
enactment of this Act, the Secretary shall submit to the Committee
on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of
the Senate, and make publicly available (including on a publicly
available website), a report that includes—
(1) a quantification of the expected hopper and pipeline
dredging needs of authorized water resources development
projects for the 10 years after the date of enactment of this
Act, including—

H. R. 7776—1361
(A) the dredging needs to—
(i) construct deepenings or widenings at authorized
but not constructed projects and the associated operations and maintenance needs of such projects; and
(ii) operate and maintain existing Federal navigation channels;
(B) the amount of dredging to be carried out by the
Corps of Engineers for other Federal agencies;
(C) the dredging needs associated with authorized
hurricane and storm damage risk reduction projects
(including periodic renourishment); and
(D) the dredging needs associated with projects for
the beneficial use of dredged material authorized by section
1122 of the Water Resources Development Act of 2016
(33 U.S.C. 2326 note);
(2) an identification of the Federal appropriations for
dredging projects and expenditures from the Harbor Maintenance Trust Fund for fiscal year 2015 and each fiscal year
thereafter;
(3) an identification of the dredging capacity of the domestic
hopper and pipeline dredge fleet, including publicly owned and
privately owned vessels, in each of the 10 years preceding
the date of enactment of this Act;
(4) an analysis of the ability of the domestic hopper and
pipeline dredge fleet to meet the expected dredging needs identified under paragraph (1), including an analysis of such ability
in each of—
(A) the east coast region;
(B) the west coast region, including the States of
Alaska and Hawaii;
(C) the gulf coast region; and
(D) the Great Lakes region;
(5) an identification of the dredging capacity of domestic
hopper and pipeline dredge vessels that are under contract
for construction and intended to be used at water resources
development projects;
(6) an identification of any hopper or pipeline dredge vessel
expected to be retired or become unavailable during the 10year period beginning on the date of enactment of this section;
(7) an identification of the potential costs of using either
public or private dredging to carry out authorized water
resources development projects; and
(8) any recommendations of the Secretary for adding additional domestic hopper and pipeline dredging capacity,
including adding public and private dredging vessels to the
domestic hopper and pipeline dredge fleet to efficiently service
water resources development projects.
(b) OPPORTUNITY FOR PARTICIPATION.—In carrying out subsection (a), the Secretary shall provide interested stakeholders,
including representatives from the commercial dredging industry,
with an opportunity to submit comments to the Secretary.
(c) SENSE OF CONGRESS.—It is the sense of Congress that
the Corps of Engineers should add additional dredging capacity
if the addition of such capacity would—
(1) enable the Corps of Engineers to carry out water
resources development projects in an efficient and cost-effective
manner; and

H. R. 7776—1362
(2) be in the best interests of the United States.
SEC. 8206. ASSESSMENT OF IMPACTS FROM CHANGING OPERATION
AND MAINTENANCE RESPONSIBILITIES.

(a) IN GENERAL.—The Secretary shall carry out an assessment
of the consequences of amending section 101(b) of the Water
Resources Development Act of 1986 (33 U.S.C. 2211(b)) to authorize
the operation and maintenance of navigation projects for a harbor
or inland harbor constructed by the Secretary at 100-percent Federal cost to a depth of 55 feet.
(b) CONTENTS.—In carrying out the assessment under subsection (a), the Secretary shall—
(1) describe all existing Federal navigation projects that
are authorized or constructed to a depth of 55 feet or greater;
(2) describe any Federal navigation project that is likely
to seek authorization or modification to a depth of 55 feet
or greater during the 10-year period beginning on the date
of enactment of this section;
(3) estimate—
(A) the potential annual increase in Federal costs that
would result from authorizing operation and maintenance
of a navigation project to a depth of 55 feet at Federal
expense; and
(B) the potential cumulative increase in such Federal
costs during the 10-year period beginning on the date of
enactment of this section; and
(4) assess the potential effect of authorizing operation and
maintenance of a navigation project to a depth of 55 feet
at Federal expense on other Federal navigation operation and
maintenance activities, including the potential impact on activities at donor ports, energy transfer ports, emerging harbor
projects, and projects carried out in the Great Lakes Navigation
System, as such terms are defined in section 102(a)(2) of the
Water Resources Development Act of 2020 (33 U.S.C. 2238
note).
(c) REPORT.—Not later than 18 months after the date of enactment of this section, the Secretary shall submit to the Committee
on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of
the Senate, and make publicly available (including on a publicly
available website), a report describing the results of the assessment
carried out under subsection (a).
SEC. 8207. MAINTENANCE DREDGING DATA.

Section 1133(b)(3) of the Water Resources Development Act
of 2016 (33 U.S.C. 2326f(b)(3)) is amended by inserting ‘‘, including
a separate line item for all Federal costs associated with the disposal
of dredged material’’ before the semicolon.
SEC. 8208. WESTERN INFRASTRUCTURE STUDY.

(a) COMPREHENSIVE STUDY.—The Secretary shall conduct a
comprehensive study to evaluate the effectiveness of carrying out
additional measures, including measures that use natural features
or nature-based features, at or upstream of covered reservoirs,
for the purposes of—
(1) sustaining operations in response to changing
hydrological and climatic conditions;

H. R. 7776—1363
(2) mitigating the risk of drought or floods, including the
loss of storage capacity due to sediment accumulation;
(3) increasing water supply; or
(4) aquatic ecosystem restoration.
(b) STUDY FOCUS.—In conducting the study under subsection
(a), the Secretary shall include all covered reservoirs located in
the South Pacific Division of the Corps of Engineers.
(c) CONSULTATION AND USE OF EXISTING DATA.—
(1) CONSULTATION.—In conducting the study under subsection (a), the Secretary shall consult with applicable—
(A) Federal, State, and local agencies;
(B) Indian Tribes;
(C) non-Federal interests; and
(D) stakeholders, as determined appropriate by the
Secretary.
(2) USE OF EXISTING DATA AND PRIOR STUDIES.—In conducting the study under subsection (a), the Secretary shall,
to the maximum extent practicable and where appropriate—
(A) use existing data provided to the Secretary by
entities described in paragraph (1); and
(B) incorporate—
(i) relevant information from prior studies and
projects carried out by the Secretary; and
(ii) the relevant technical data and scientific
approaches with respect to changing hydrological and
climatic conditions.
(d) REPORT.—Not later than 3 years after the date of enactment
of this Act, the Secretary shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives
and the Committee on Environment and Public Works of the Senate
a report that describes—
(1) the results of the study; and
(2) any recommendations for additional study in specific
geographic areas.
(e) SAVINGS PROVISION.—Nothing in this section provides
authority to the Secretary to change the authorized purposes of
any covered reservoir.
(f) DEFINITIONS.—In this section:
(1) COVERED RESERVOIR.—The term ‘‘covered reservoir’’
means a reservoir owned and operated by the Secretary or
for which the Secretary has flood control responsibilities under
section 7 of the Act of December 22, 1944 (33 U.S.C. 709).
(2) NATURAL FEATURE AND NATURE-BASED FEATURE.—The
terms ‘‘natural feature’’ and ‘‘nature-based feature’’ have the
meanings given such terms in section 1184(a) of the Water
Resources Development Act of 2016 (33 U.S.C. 2289a(a)).
SEC. 8209. RECREATION AND ECONOMIC DEVELOPMENT AT CORPS
FACILITIES IN APPALACHIA.

(a) IN GENERAL.—Not later than 1 year after the date of enactment of this Act, the Secretary shall prepare and submit to the
Committee on Environment and Public Works of the Senate and
the Committee on Transportation and Infrastructure of the House
of Representatives a plan to implement the recreational and economic development opportunities identified by the Secretary in
the report submitted under section 206 of the Water Resources
Development Act of 2020 (134 Stat. 2680) at Corps of Engineers

H. R. 7776—1364
facilities located within a distressed county or an at-risk county
(as described in subsection (a)(1) of such section) in Appalachia.
(b) CONSIDERATIONS.—In accordance with existing guidance,
in preparing the plan under subsection (a), the Secretary shall
consider options for Federal funding, partnerships, and outgrants
to Federal, State, and local governments, nonprofit organizations,
and commercial businesses.
SEC. 8210. OUACHITA RIVER WATERSHED, ARKANSAS AND LOUISIANA.

The Secretary shall conduct a review of projects in the Ouachita
River watershed, Arkansas and Louisiana, under section 216 of
the Flood Control Act of 1970 (33 U.S.C. 549a).
SEC. 8211. REPORT ON SANTA BARBARA STREAMS, LOWER MISSION
CREEK, CALIFORNIA.

Not later than 1 year after the date of enactment of this
section, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the
Committee on Environment and Public Works of the Senate, and
make publicly available (including on a publicly available website),
a report that provides an updated economic review of the remaining
portions of the project for flood damage reduction, Santa Barbara
streams, Lower Mission Creek, California, authorized by section
101(b) of the Water Resources Development Act of 2000 (114 Stat.
2577), taking into consideration work already completed by the
non-Federal interest.
SEC. 8212. DISPOSITION STUDY ON SALINAS DAM AND RESERVOIR,
CALIFORNIA.

In carrying out the disposition study for the project for Salinas
Dam (Santa Margarita Lake), California, pursuant to section 202(d)
of the Water Resources Development Act of 2020 (134 Stat. 2675),
the Secretary shall—
(1) ensure that the County of San Luis Obispo is provided
right of first refusal for any potential conveyance of the project;
and
(2) ensure that the study identifies and describes any potential repairs or modifications to the project necessary to meet
Federal and State dam safety requirements prior to transferring
the project.
SEC. 8213. EXCESS LANDS REPORT FOR WHITTIER NARROWS DAM,
CALIFORNIA.

(a) IN GENERAL.—Not later than 1 year after the date of enactment of this section, the Secretary shall submit to the Committee
on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of
the Senate a report that identifies any real property associated
with the Whittier Narrows Dam element of the Los Angeles County
Drainage Area project that the Secretary determines—
(1) is not needed to carry out the authorized purposes
of the Whittier Narrows Dam element of such project; and
(2) could be transferred to the City of Pico Rivera, California, for the replacement of recreational facilities located in
such city that were adversely impacted by dam safety construction activities associated with the Whittier Narrows Dam element of such project.

H. R. 7776—1365
(b) LOS ANGELES COUNTY DRAINAGE AREA PROJECT DEFINED.—
In this section, the term ‘‘Los Angeles County Drainage Area
project’’ means the project for flood control, Los Angeles County
Drainage Area, California, authorized by section 101(b) of the Water
Resources Development Act of 1990 (104 Stat. 4611; 130 Stat.
1690).
SEC. 8214. COMPREHENSIVE CENTRAL AND SOUTHERN FLORIDA
STUDY.

(a) IN GENERAL.—The Secretary is authorized to carry out
a feasibility study for resiliency and comprehensive improvements
or modifications to existing water resources development projects
in the central and southern Florida area, for the purposes of flood
risk management, water supply, ecosystem restoration (including
preventing saltwater intrusion), recreation, and related purposes.
(b) REQUIREMENTS.—In carrying out the feasibility study under
subsection (a), the Secretary—
(1) is authorized to—
(A) review the report of the Chief of Engineers on
central and southern Florida, published as House Document 643, 80th Congress, 2d Session, and other related
reports of the Secretary; and
(B) recommend cost-effective structural and nonstructural projects for implementation that provide a
systemwide approach for the purposes described in subsection (a); and
(2) shall ensure the study and any projects recommended
under paragraph (1)(B) will not interfere with the efforts undertaken to carry out the Comprehensive Everglades Restoration
Plan pursuant to section 601 of the Water Resources Development Act of 2000 (114 Stat. 2680; 132 Stat. 3786).
SEC.

8215.

NORTHERN
FLORIDA.

ESTUARIES

ECOSYSTEM

RESTORATION,

(a) DEFINITIONS.—In this section:
(1) CENTRAL AND SOUTHERN FLORIDA PROJECT.—The term
‘‘Central and Southern Florida Project’’ has the meaning given
that term in section 601 of the Water Resources Development
Act of 2000.
(2) NORTHERN ESTUARIES.—The term ‘‘northern estuaries’’
means the Caloosahatchee Estuary, Charlotte Harbor, Indian
River Lagoon, Lake Worth Lagoon, and St. Lucie River Estuary.
(3) SOUTH FLORIDA ECOSYSTEM.—
(A) IN GENERAL.—The term ‘‘South Florida ecosystem’’
means the area consisting of the land and water within
the boundary of the South Florida Water Management
District in effect on July 1, 1999.
(B) INCLUSIONS.—The term ‘‘South Florida ecosystem’’
includes—
(i) the Everglades;
(ii) the Florida Keys;
(iii) the contiguous near-shore coastal water of
South Florida; and
(iv) Florida’s Coral Reef.
(4) STUDY AREA.—The term ‘‘study area’’ means all lands
and waters within—
(A) the northern estuaries;
(B) the South Florida ecosystem; and

H. R. 7776—1366
(C) the study area boundaries of the Indian River
Lagoon National Estuary Program and the Coastal and
Heartland Estuary Partnership, authorized pursuant to
section 320 of the Federal Water Pollution Control Act
(33 U.S.C. 1330).
(b) PROPOSED COMPREHENSIVE PLAN.—
(1) DEVELOPMENT.—The Secretary shall develop, in
cooperation with the non-Federal sponsors of the Central and
Southern Florida project and any relevant Federal, State, and
Tribal agencies, a proposed comprehensive plan for the purpose
of restoring, preserving, and protecting the northern estuaries.
(2) INCLUSIONS.—In carrying out paragraph (1), the Secretary shall develop a proposed comprehensive plan that provides for ecosystem restoration within the northern estuaries,
including the elimination of harmful discharges from Lake
Okeechobee.
(3) SUBMISSION.—Not later than 3 years after the date
of enactment of this Act, the Secretary shall submit to Congress
for approval—
(A) the proposed comprehensive plan developed under
this subsection; and
(B) recommendations for future feasibility studies
within the study area for the ecosystem restoration of
the northern estuaries.
(4) INTERIM REPORTS.—Not later than 1 year after the
date of enactment of this Act, and annually thereafter until
the submission of the proposed comprehensive plan under paragraph (3), the Secretary shall submit to Congress an interim
report on the development of the proposed comprehensive plan.
(5) ADDITIONAL STUDIES AND ANALYSES.—Notwithstanding
the submission of the proposed comprehensive plan under paragraph (3), the Secretary shall continue to conduct such studies
and analyses after the date of such submission as are necessary
for the purpose of restoring, preserving, and protecting the
northern estuaries.
(c) LIMITATION.—Nothing in this section shall be construed
to require the alteration or amendment of the schedule for completion of the Comprehensive Everglades Restoration Plan.
SEC. 8216. STUDY ON SHELLFISH HABITAT AND SEAGRASS, FLORIDA
CENTRAL GULF COAST.

(a) IN GENERAL.—Not later than 24 months after the date
of enactment of this Act, the Secretary shall carry out a study,
and submit to the Committee on Transportation and Infrastructure
of the House of Representatives and the Committee on Environment
and Public Works of the Senate a report, on projects and activities
carried out through the Engineer Research and Development Center
to restore shellfish habitat and seagrass in coastal estuaries in
the Florida Central Gulf Coast.
(b) REQUIREMENTS.—In conducting the study under subsection
(a), the Secretary shall—
(1) consult with independent expert scientists and other
regional stakeholders with relevant expertise and experience;
and
(2) coordinate with Federal, State, and local agencies providing oversight for both short- and long-term monitoring of
the projects and activities described in subsection (a).

H. R. 7776—1367
(c) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to carry out this section $2,000,000, to remain
available until expended.
SEC. 8217. REPORT ON SOUTH FLORIDA ECOSYSTEM RESTORATION
PLAN IMPLEMENTATION.

(a) REPORT.—Not later than 180 days after the date of enactment of this Act, the Secretary shall submit to the Committee
on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of
the Senate a report that provides an update on—
(1) Comprehensive Everglades Restoration Plan projects,
as authorized by or pursuant to section 601 of the Water
Resources Development Act of 2000 (114 Stat. 2680; 121 U.S.C.
1269; 132 U.S.C. 3786);
(2) the review of the Lake Okeechobee Regulation Schedule
pursuant to section 1106 of the Water Resources Development
Act of 2018 (132 Stat. 3773) and section 210 of the Water
Resources Development Act of 2020 (134 U.S.C. 2682); and
(3) any additional water resources development projects
and studies included in the South Florida Ecosystem Restoration Plan Integrated Delivery Schedule prepared in accordance
with part 385 of title 33, Code of Federal Regulations.
(b) CONTENTS.—The Secretary shall include in the report submitted under subsection (a) the status of each authorized water
resources development project or study described in such subsection,
including—
(1) an estimated implementation or completion date of the
project or study; and
(2) the estimated costs to complete implementation or
construction, as applicable, of the project or study.
SEC. 8218. GREAT LAKES RECREATIONAL BOATING.

Notwithstanding subsection (f) of section 455 of the Water
Resources Development Act of 1999 (42 U.S.C. 1962d–21), not later
than 1 year after the date of enactment of this Act, the Secretary
shall prepare, at Federal expense, and submit to the Committee
on Environment and Public Works of the Senate and the Committee
on Transportation and Infrastructure of the House of Representatives a report updating the findings of the report on the economic
benefits of recreational boating in the Great Lakes basin prepared
under subsection (c) of such section.
SEC. 8219. HYDRAULIC EVALUATION OF UPPER MISSISSIPPI RIVER
AND ILLINOIS RIVER.

(a) STUDY.—The Secretary, in coordination with relevant Federal agencies, shall, at Federal expense, periodically carry out a
study to—
(1) evaluate the flow frequency probabilities of the Upper
Mississippi River and the Illinois River; and
(2) develop updated water surface profiles for such rivers.
(b) AREA OF EVALUATION.—In carrying out subsection (a), the
Secretary shall conduct analysis along the mainstem of the Mississippi River from upstream of the Minnesota River confluence
near Anoka, Minnesota, to just upstream of the Ohio River confluence near Cairo, Illinois, and along the Illinois River from Dresden Island Lock and Dam to the confluence with the Mississippi
River, near Grafton, Illinois.

H. R. 7776—1368
(c) REPORTS.—Not later than 5 years after the date of enactment
of this Act, and not less frequently than every 20 years thereafter,
the Secretary shall submit to the Committee on Transportation
and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report
containing the results of a study carried out under subsection
(a).
(d) PUBLIC AVAILABILITY.—Any information developed under
subsection (a) shall be made publicly available, including on a
publicly available website.
SEC. 8220. DISPOSITION STUDY ON HYDROPOWER IN THE WILLAMETTE
VALLEY, OREGON.

(a) DISPOSITION STUDY.—
(1) IN GENERAL.—The Secretary shall carry out a disposition study to determine the Federal interest in, and identify
the effects of, deauthorizing hydropower as an authorized purpose, in whole or in part, of the Willamette Valley hydropower
project.
(2) CONTENTS.—In carrying out the disposition study under
paragraph (1), the Secretary shall review the effects of
deauthorizing hydropower on—
(A) Willamette Valley hydropower project operations;
(B) other authorized purposes of such project;
(C) cost apportionments;
(D) dam safety;
(E) compliance with the requirements of the Endangered Species Act (16 U.S.C. 1531 et seq.); and
(F) the operations of the remaining dams within the
Willamette Valley hydropower project.
(3) RECOMMENDATIONS.—If the Secretary, through the disposition study authorized by paragraph (1), determines that
hydropower should be removed as an authorized purpose of
any part of the Willamette Valley hydropower project, the Secretary shall also investigate and recommend any necessary
structural or operational changes at such project that are necessary to achieve an appropriate balance among the remaining
authorized purposes of such project or changes to such purposes.
(b) REPORT.—Not later than 18 months after the date of enactment of this Act, the Secretary shall issue a report to the Committee
on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of
the Senate that describes—
(1) the results of the disposition study on deauthorizing
hydropower as a purpose of the Willamette Valley hydropower
project; and
(2) any recommendations required under subsection (a)(3).
(c) COSTS.—Until such time as the report required under subsection (b) is issued, any new construction-related expenditures
of the Secretary at the Willamette Valley hydropower project that
are assigned to hydropower shall not be reimbursable.
(d) DEFINITION.—In this section, the term ‘‘Willamette Valley
hydropower project’’ means the system of dams and reservoir
projects authorized to generate hydropower and the power features
that operate in conjunction with the main regulating dam facilities,
including the Big Cliff, Dexter, and Foster re-regulating dams in
the Willamette River Basin, Oregon, as authorized by section 4

H. R. 7776—1369
of the Flood Control Act of 1938 (chapter 795, 52 Stat. 1222;
62 Stat. 1178; 64 Stat. 177; 68 Stat. 1264; 74 Stat. 499; 100
Stat. 4144).
SEC. 8221. HOUSTON SHIP CHANNEL EXPANSION CHANNEL IMPROVEMENT PROJECT, TEXAS.

The Secretary shall expedite the completion of a study under
section 216 of the Flood Control Act of 1970 (33 U.S.C. 549a)
for modifications of the project for navigation, Houston Ship
Channel Expansion Channel Improvement Project, Harris, Chambers, and Galveston Counties, Texas, authorized by section 401
of the Water Resources Development Act of 2020 (134 Stat. 2734),
to incorporate into the project the construction of barge lanes immediately adjacent to either side of the Houston Ship Channel from
Bolivar Roads to Morgan’s Point.
SEC. 8222. SABINE–NECHES WATERWAY NAVIGATION IMPROVEMENT
PROJECT, TEXAS.

The Secretary shall expedite the review and coordination of
the feasibility study for the project for navigation, Sabine–Neches
Waterway, Texas, under section 203(b) of the Water Resources
Development Act of 1986 (33 U.S.C. 2231(b)).
SEC. 8223. NORFOLK HARBOR AND CHANNELS, VIRGINIA.

Not later than December 31, 2023, the Secretary shall complete
a post-authorization change report for the Anchorage F modifications to the project for navigation, Norfolk Harbor and Channels,
Virginia, authorized by section 201 of the Water Resources Development Act of 1986 (100 Stat. 4090; 132 Stat. 3840).
SEC. 8224. COASTAL VIRGINIA, VIRGINIA.

(a) IN GENERAL.—In carrying out the feasibility study for the
project for flood risk management, ecosystem restoration, and
navigation, Coastal Virginia, authorized by section 1201(9) of the
Water Resources Development Act of 2018 (132 Stat. 3802), the
Secretary is authorized to enter into a written agreement with
any Federal agency that owns or operates property in the area
of the project to accept and expend funds from such Federal agency
to include in the study an analysis with respect to property owned
or operated by such Federal agency.
(b) INFORMATION.—The Secretary shall use any relevant
information obtained from a Federal agency described in subsection
(a) to carry out the feasibility study described in such subsection.
SEC. 8225. WEST VIRGINIA HYDROPOWER.

(a) IN GENERAL.—For water resources development projects
described in subsection (b), the Secretary is authorized to evaluate
Federal and non-Federal modifications to such projects for the purposes of adding capacity for hydropower generation or energy storage.
(b) PROJECTS DESCRIBED.—The projects referred to in subsection (a) are the following:
(1) Sutton Dam, Braxton County, West Virginia, authorized
by section 5 of the Act of June 22, 1936 (chapter 688, 49
Stat. 1586).
(2) Hildebrand Lock and Dam, Monongahela County, West
Virginia, authorized by section 101 of the River and Harbor
Act of 1950 (chapter 188, 64 Stat. 166).

H. R. 7776—1370
(3) Bluestone Lake, Summers County, West Virginia,
authorized by section 5 of the Act of June 22, 1936 (chapter
688, 49 Stat. 1586).
(4) R.D. Bailey Dam, Wyoming County, West Virginia,
authorized by section 203 of the Flood Control Act of 1962
(76 Stat. 1188).
(5) Stonewall Jackson Dam, Lewis County, West Virginia,
authorized by section 203 of the Flood Control Act of 1966
(80 Stat. 1421).
(6) East Lynn Dam, Wayne County, West Virginia, authorized by section 5 of the Act of June 22, 1936 (chapter 688,
49 Stat. 1586).
(7) Burnsville Lake, Braxton County, West Virginia,
authorized by section 5 of the Act of June 22, 1936 (chapter
688, 49 Stat. 1586).
(c) DEMONSTRATION PROJECTS.—In carrying out subsection (a),
the Secretary may carry out demonstration projects for purposes
of testing and evaluating technology for adding capacity for hydropower generation or energy storage to a project described in subsection (b).
SEC. 8226. ELECTRONIC PREPARATION AND SUBMISSION OF APPLICATIONS.

Section 2040(f) of the Water Resources Development Act of
2007 (33 U.S.C. 2345(f)) is amended—
(1) in paragraph (1), by striking ‘‘Water Resources Development Act of 2016’’ and inserting ‘‘Water Resources Development
Act of 2022’’; and
(2) by striking paragraph (2) and inserting the following:
‘‘(2) UPDATE ON ELECTRONIC SYSTEM IMPLEMENTATION.—
The Secretary shall submit to the Committee on Transportation
and Infrastructure of the House of Representatives and the
Committee on Environment and Public Works of the Senate
a quarterly update describing the status of the implementation
of this section.’’.
SEC. 8227. INVESTMENTS FOR RECREATION AREAS.

(a) SENSE OF CONGRESS.—It is the sense of Congress that
the Corps of Engineers should use all available authorities to promote and enhance development and recreational opportunities at
lakes that are part of authorized civil works projects under the
administrative jurisdiction of the Corps of Engineers.
(b) REPORT.—Not later than 180 days after the date of enactment of this Act, the Secretary shall submit to the Committee
on Environment and Public Works of the Senate and the Committee
on Transportation and Infrastructure of the House of Representatives a report on investments needed to support recreational activities that are part of authorized water resources development
projects under the administrative jurisdiction of the Corps of Engineers.
(c) REQUIREMENTS.—The report under subsection (b) shall
include—
(1) a list of deferred maintenance projects, including
maintenance projects relating to recreational facilities and sites
and associated access roads;
(2) a plan to fund the projects described in paragraph
(1) during the 5-year period beginning on the date of enactment
of this Act;

H. R. 7776—1371
(3) a description of efforts made by the Corps of Engineers
to coordinate investments in recreational facilities and sites
and associated access roads with—
(A) State and local governments; or
(B) private entities; and
(4) an assessment of whether the modification of Federal
contracting requirements could accelerate the availability of
funds for the projects described in paragraph (1).
SEC. 8228. AUTOMATED FEE MACHINES.

For the purpose of mitigating adverse impacts to public access
to outdoor recreation, to the maximum extent practicable, the Secretary shall consider alternatives to the use of automated fee
machines for the collection of fees for the use of developed recreation
sites and facilities in West Virginia.
SEC. 8229. REVIEW OF RECREATIONAL HAZARDS.

(a) IN GENERAL.—The Secretary shall—
(1) carry out a review of potential threats to human life
and safety from use of covered sites; and
(2) install such technologies and other measures, including
sirens, strobe lights, and signage, that the Secretary, based
on the review carried out under paragraph (1), determines
necessary for alerting the public of hazardous water conditions
or to otherwise minimize or eliminate any identified threats
to human life and safety.
(b) COVERED SITES DEFINED.—In this section, the term ‘‘covered
sites’’ means—
(1) designated recreational areas at the Buford Dam, Lake
Sidney Lanier, Georgia, authorized by section 1 of the Act
of July 24, 1946 (chapter 595, 60 Stat. 635);
(2) designated recreational areas at the banks of the Mississippi River, Louisiana; and
(3) the project for navigation, Murderkill River, Delaware,
authorized by the first section of the Act of July 13, 1892
(chapter 158, 27 Stat. 98).
SEC. 8230. ASSESSMENT OF COASTAL FLOODING MITIGATION MODELING AND TESTING CAPACITY.

(a) IN GENERAL.—The Secretary, acting through the Director
of the Engineer Research and Development Center, shall carry
out an assessment of the current capacity of the Corps of Engineers
to model coastal flood mitigation systems and test the effectiveness
of such systems in preventing flood damage resulting from coastal
storm surges.
(b) CONSIDERATIONS.—In carrying out the assessment under
subsection (a), the Secretary shall—
(1) identify the capacity of the Corps of Engineers to—
(A) carry out the testing of the performance and reliability of coastal flood mitigation systems; or
(B) collaborate with private industries to carry out
such testing;
(2) identify any limitations or deficiencies at Corps of Engineers facilities that are capable of testing the performance
and reliability of coastal flood mitigation systems;
(3) assess any benefits that would result from addressing
the limitations or deficiencies identified under paragraph (2);
and

H. R. 7776—1372
(4) provide recommendations for addressing such limitations or deficiencies.
(c) REPORT TO CONGRESS.—Not later than 1 year after the
date of enactment of this section, the Secretary shall submit to
the Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Environment and Public
Works of the Senate, and make publicly available (including on
a publicly available website), a report describing the results of
the assessment carried out under subsection (a).
SEC. 8231. REPORT ON SOCIALLY AND ECONOMICALLY DISADVANTAGED SMALL BUSINESS CONCERNS.

(a) IN GENERAL.—Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to the Committee
on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of
the Senate, and make publicly available (including on a publicly
available website), a report that describes and documents the use
of contracts and subcontracts with Small Disadvantaged Businesses
in carrying out the water resources development authorities of
the Secretary.
(b) INFORMATION.—The Secretary shall include in the report
under subsection (a) information on the distribution of funds to
Small Disadvantaged Businesses on a disaggregated basis.
(c) DEFINITION.—In this section, the term ‘‘Small Disadvantaged
Business’’ has the meaning given that term in section 124.1001
of title 13, Code of Federal Regulations (or successor regulations).
SEC. 8232. REPORT ON SOLAR ENERGY OPPORTUNITIES.

(a) ASSESSMENT.—
(1) IN GENERAL.—The Secretary shall conduct an assessment, in collaboration with relevant Federal agencies and after
consultation with relevant non-Federal interests, of opportunities to install and maintain photovoltaic solar panels (including
floating solar panels) at covered projects.
(2) CONTENTS.—The assessment conducted under paragraph (1) shall—
(A) include a description of the economic, environmental, and technical viability of installing and
maintaining, or contracting with third parties to install
and maintain, photovoltaic solar panels at covered projects;
(B) identify covered projects with a high potential for
the installation and maintenance of photovoltaic solar
panels and whether such installation and maintenance
would require additional authorization;
(C) account for potential impacts of photovoltaic solar
panels at covered projects and the authorized purposes
of such projects, including potential impacts on flood risk
reduction, navigation, recreation, water supply, and fish
and wildlife; and
(D) account for the availability of electric grid infrastructure close to covered projects, including underutilized
transmission infrastructure.
(b) REPORT TO CONGRESS.—Not later than 18 months after
the date of enactment of this Act, the Secretary shall submit to
Congress, and make publicly available (including on a publicly
available website), a report containing the results of the assessment
conducted under subsection (a).

H. R. 7776—1373
(c) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to the Secretary $10,000,000 to carry out this
section.
(d) DEFINITION.—In this section, the term ‘‘covered project’’
means—
(1) any property under the control of the Corps of Engineers; and
(2) any water resources development project constructed
by the Secretary or over which the Secretary has financial
or operational responsibility.
SEC. 8233. REPORT TO CONGRESS ON ECONOMIC VALUATION OF
PRESERVATION OF OPEN SPACE, RECREATIONAL AREAS,
AND HABITAT ASSOCIATED WITH PROJECT LANDS.

(a) IN GENERAL.—The Secretary shall conduct a review of the
existing statutory, regulatory, and policy requirements related to
the determination of the economic value of lands that—
(1) may be provided by the non-Federal interest, as necessary, for the construction of a project for flood risk reduction
or hurricane and storm risk reduction in accordance with section 103(i) of the Water Resources Development Act of 1986
(33 U.S.C. 2213(i));
(2) are being maintained for open space, recreational areas,
or preservation of fish and wildlife habitat; and
(3) will continue to be so maintained as part of the project.
(b) REPORT TO CONGRESS.—Not later than 1 year after the
date of enactment of this section, the Secretary shall issue to
the Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Environment and Public
Works of the Senate a report containing the results of the review
conducted under subsection (a), including—
(1) a summary of the existing statutory, regulatory, and
policy requirements described in such subsection;
(2) a description of the requirements and process the Secretary uses to place an economic value on the lands described
in such subsection;
(3) an assessment of whether such requirements and
process affect the ability of a non-Federal interest to provide
such lands for the construction of a project described in such
subsection;
(4) an assessment of whether such requirements and
process directly or indirectly encourage the selection of developed lands for the construction of a project, or have the potential
to affect the total cost of a project; and
(5) the identification of alternative measures for determining the economic value of such lands that could provide
incentives for the preservation of open space, recreational areas,
and habitat in association with the construction of a project.
SEC. 8234. REPORT ON CORROSION PREVENTION ACTIVITIES.

Not later than 180 days after the date of enactment of this
Act, the Secretary shall submit to the Committee on Transportation
and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate, and make
publicly available (including on a publicly available website), a
report that describes—

H. R. 7776—1374
(1) the extent to which the Secretary has carried out section
1033 of the Water Resources Reform and Development Act
of 2014 (33 U.S.C. 2350);
(2) the extent to which the Secretary has incorporated
corrosion prevention activities (as defined in such section) at
water resources development projects constructed or maintained by the Secretary since the date of enactment of such
section; and
(3) in instances where the Secretary has not incorporated
corrosion prevention activities at such water resources development projects since such date, an explanation of why such
corrosion prevention activities have not been incorporated.
SEC. 8235. REPORT TO CONGRESS ON EASEMENTS RELATED TO WATER
RESOURCES DEVELOPMENT PROJECTS.

(a) IN GENERAL.—The Secretary shall conduct a review of the
existing statutory, regulatory, and policy requirements and procedures related to the use, in relation to the construction of a project
for flood risk management, hurricane and storm damage risk reduction, or ecosystem restoration, of covered easements that may be
provided to the Secretary by non-Federal interests.
(b) REPORT TO CONGRESS.—Not later than 1 year after the
date of enactment of this Act, the Secretary shall submit to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public
Works of the Senate a report containing the results of the review
conducted under subsection (a), including—
(1) the findings of the Secretary relating to—
(A) the minimum rights in property that are necessary
to construct, operate, or maintain projects for flood risk
management, hurricane and storm damage risk reduction,
or ecosystem restoration;
(B) whether increased use of covered easements in
relation to such projects could promote greater participation
from cooperating landowners in addressing local flooding
or ecosystem restoration challenges; and
(C) whether such increased use could result in cost
savings in the implementation of the projects, without any
reduction in project benefits; and
(2) any recommendations of the Secretary relating to
whether existing requirements or procedures related to such
use of covered easements should be revised to reflect the results
of the review.
(c) DEFINITION.—In this section, the term ‘‘covered easement’’
means an easement or other similar interest in real property that—
(1) reserves for the Secretary rights in the property that
are necessary to construct, operate, or maintain a water
resources development project;
(2) provides for appropriate public use of the property,
and retains the right of continued use of the property by the
owner of the property, to the extent such uses are consistent
with purposes of the covered easement;
(3) provides access to the property for oversight and inspection by the Secretary;
(4) is permanently recorded; and
(5) is enforceable under Federal and State law.

H. R. 7776—1375
SEC. 8236. GAO STUDIES.

(a) STUDY ON PROJECT DISTRIBUTION.—
(1) IN GENERAL.—Not later than 1 year after the date
of enactment of this Act, the Comptroller General of the United
States shall initiate an analysis of—
(A) the geographic distribution of annual and supplemental funding for water resources development projects
carried out by the Secretary over the immediately preceding
5 fiscal years; and
(B) the factors contributing to such distribution.
(2) REPORT.—Upon completion of the analysis required
under paragraph (1), the Comptroller General shall submit
to the Committee on Environment and Public Works of the
Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the findings
of such analysis.
(b) ASSESSMENT OF CONCESSIONAIRE PRACTICES.—
(1) IN GENERAL.—Not later than 1 year after the date
of enactment of this Act, the Comptroller General of the United
States shall initiate an assessment of the concessionaire lease
practices of the Corps of Engineers.
(2) SCOPE.—In conducting the assessment under paragraph
(1), the Comptroller General shall assess—
(A) the extent to which the formula of the Corps of
Engineers for calculating concessionaire rental rates allows
concessionaires to obtain a reasonable return on investment, taking into account operating margins for sales of
food and fuel; and
(B) the process and formula for assessing administrative fees for concessionaire leases that addresses—
(i) the statutory authority for such fees; and
(ii) the extent to which the process and formula
for assessing such fees are transparent and consistent
across districts of the Corps of Engineers.
(3) REPORT.—Upon completion of the assessment required
under paragraph (1), the Comptroller General shall submit
to the Committee on Environment and Public Works of the
Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the findings
of such assessment.
(c) AUDIT OF PROJECTS OVER BUDGET OR BEHIND SCHEDULE.—
(1) LIST REQUIRED.—Not later than 90 days after the date
of enactment of this Act, the Secretary shall provide to the
Comptroller General of the United States a list of each covered
ongoing water resources development project.
(2) REVIEW.—Not later than 1 year after receiving the
list under paragraph (1), the Comptroller General shall initiate
a review of the factors and conditions resulting in the estimated
project cost or completion date exceedances for each covered
ongoing water resources development project.
(3) REPORT.—Upon completion of the review conducted
under paragraph (2), the Comptroller General shall submit
to the Committee on Environment and Public Works of the
Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the findings
of such review.

H. R. 7776—1376
(4) DEFINITION OF COVERED ONGOING WATER RESOURCES
DEVELOPMENT PROJECT.—In this subsection, the term ‘‘covered
ongoing water resources development project’’ means a water
resources development project being carried out by the Secretary for which, as of the date of enactment of this Act—
(A) the estimated total project cost of the project
exceeds the authorized total project cost of the project
by not less than $50,000,000; or
(B) the estimated completion date of the project exceeds
the original estimated completion date of the project by
not less than 5 years.
(d) STUDIES ON MITIGATION.—
(1) STUDY ON MITIGATION FOR WATER RESOURCES DEVELOPMENT PROJECTS.—
(A) IN GENERAL.—Not later than 1 year after the date
of enactment of this Act, the Comptroller General of the
United States shall initiate a review of projects and activities to mitigate fish and wildlife losses resulting from the
construction, or operation and maintenance, of an authorized water resources development project.
(B) REQUIREMENTS.—In conducting the review under
subparagraph (A), the Comptroller General shall—
(i) assess the extent to which—
(I) districts of the Corps of Engineers consistently implement the final rule of the Department
of Defense and the Environmental Protection
Agency titled ‘‘Compensatory Mitigation for Losses
of Aquatic Resources’’ and issued on April 10, 2008
(73 Fed. Reg. 19594);
(II) mitigation projects and activities
(including the acquisition of lands or interests in
lands) restore the natural hydrologic conditions,
restore native vegetation, and otherwise support
native fish and wildlife species, as required under
section 906 of the Water Resources Development
Act of 1986 (33 U.S.C. 2283);
(III) mitigation projects or activities (including
the acquisition of lands or interests in lands) are
undertaken before, or concurrent with, the
construction of the authorized water resources
development project for which such mitigation is
required;
(IV) mitigation projects or activities (including
the acquisition of lands or interests in lands) are
completed;
(V) mitigation projects or activities are undertaken to mitigate fish and wildlife losses resulting
from the operation and maintenance of an authorized water resources development project,
including based on periodic review and updating
of such projects or activities;
(VI) the Secretary includes mitigation plans,
as required by section 906(d) of the Water
Resources Development Act of 1986 (33 U.S. 2283),
in any project study (as defined in section 2034(l)
of the Water Resources Development Act of 2007
(33 U.S.C. 2343));

H. R. 7776—1377
(VII) processing and approval of mitigation
projects and activities (including the acquisition
of lands or interests in lands) affects the timeline
of completion of authorized water resources
development projects; and
(VIII) mitigation projects and activities
(including the acquisition of lands or interests in
lands) affect the total cost of authorized water
resources development projects;
(ii) evaluate the performance of each of the mitigation mechanisms included in the final rule described
in clause (i)(I);
(iii) evaluate the efficacy of the use of alternative
methods, such as a performance-based contract, to satisfy mitigation requirements of authorized water
resources development projects;
(iv) review any reports submitted to Congress in
accordance with section 2036(b) of the Water Resources
Development Act of 2007 (121 Stat. 1094) on the status
of construction of authorized water resources development projects that require mitigation; and
(v) consult with independent scientists, economists,
and other stakeholders with expertise and experience
to conduct such review.
(C) DEFINITION OF PERFORMANCE-BASED CONTRACT.—
In this paragraph, the term ‘‘performance-based contract’’
means a procurement mechanism by which the Corps of
Engineers contracts with a public or private non-Federal
entity for a specific mitigation outcome requirement, with
payment to the entity linked to delivery of verifiable,
sustainable, and functionally equivalent mitigation
performance.
(D) REPORT.—Upon completion of the review conducted
under this paragraph, the Comptroller General shall
submit to the Committee on Environment and Public Works
of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a report
on the findings of such review.
(2) STUDY ON COMPENSATORY MITIGATION.—
(A) IN GENERAL.—Not later than 1 year after the date
of enactment of this Act, the Comptroller General of the
United States shall initiate a review of the performance
metrics for, compliance with, and adequacy of potential
mechanisms for fulfilling compensatory mitigation obligations pursuant to the Federal Water Pollution Control Act
(33 U.S.C. 1251 et seq.).
(B) REQUIREMENTS.—The Comptroller General shall
include in the review conducted under subparagraph (A)
an analysis of—
(i) the primary mechanisms for fulfilling compensatory mitigation obligations, including—
(I) mitigation banks;
(II) in-lieu fee programs; and
(III) direct mitigation by permittees;
(ii) the timeliness of initiation and successful
completion of compensatory mitigation activities in
relation to when a permitted activity occurs;

H. R. 7776—1378
(iii) the timeliness of processing and approval of
compensatory mitigation activities;
(iv) the costs of carrying out compensatory mitigation activities borne by the Federal Government, a
permittee, or any other involved entity;
(v) Federal and State agency oversight and shortand long-term monitoring of compensatory mitigation
activities;
(vi) whether a compensatory mitigation activity
successfully replaces any lost or adversely affected
habitat with a habitat having similar functions of equal
or greater ecological value; and
(vii) the continued, long-term operation of the
compensatory mitigation activities over a 5-, 10-, 20, and 50-year period, including ecological performance
and the functioning of long-term funding mechanisms.
(C) UPDATE.—In conjunction with the review required
under subparagraph (A), the Comptroller General shall
review and update the findings and recommendations contained in the report of the Comptroller General titled
‘‘Corps of Engineers Does Not Have an Effective Oversight
Approach to Ensure That Compensatory Mitigation Is
Occurring’’ and dated September 2005 (GAO–05–898),
including a review of Federal agency compliance with such
recommendations.
(D) REPORT.—Upon completion of the review conducted
under required subparagraph (A), the Comptroller General
shall submit to the Committee on Environment and Public
Works of the Senate and the Committee on Transportation
and Infrastructure of the House of Representatives a report
on the findings of such review.
(e) STUDY ON WATERBORNE COMMERCE STATISTICS.—
(1) IN GENERAL.—Not later than 18 months after the date
of enactment of this Act, the Comptroller General of the United
States shall initiate a review of the Waterborne Commerce
Statistics Center of the Corps of Engineers that includes—
(A) an assessment of ways in which the Waterborne
Commerce Statistics Center can improve the collection of
information relating to all commercial maritime activity
within the jurisdiction of a port, including the collection
and reporting of records of fishery landings and aquaculture
harvest; and
(B) recommendations to improve the collection of such
information from non-Federal entities, taking into consideration—
(i) the cost, efficiency, and accuracy of collecting
such information; and
(ii) the protection of proprietary information.
(2) REPORT.—Upon completion of the review conducted out
under paragraph (1), the Comptroller General shall submit
to the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Environment
and Public Works of the Senate a report containing the results
of such review.
(f) STUDY ON THE INTEGRATION OF INFORMATION INTO THE
NATIONAL LEVEE DATABASE.—

H. R. 7776—1379
(1) IN GENERAL.—Not later than 18 months after the date
of enactment of this Act, the Comptroller General of the United
States shall initiate a review of the sharing of levee information,
and the integration of such information into the National Levee
Database, by the Corps of Engineers and the Federal Emergency Management Agency in accordance with section 9004
of the Water Resources Development Act of 2007 (33 U.S.C.
3303).
(2) REQUIREMENTS.—In conducting the review under paragraph (1), the Comptroller General shall—
(A) investigate the information-sharing protocols and
procedures between the Corps of Engineers and the Federal
Emergency Management Agency regarding the construction
of new Federal flood protection projects;
(B) analyze the timeliness of the integration of information relating to newly constructed Federal flood protection
projects into the National Levee Database;
(C) identify any delays between the construction of
a new Federal flood protection project and when a policyholder of the National Flood Insurance Program would
realize a premium discount due to the construction of a
new Federal flood protection project; and
(D) determine whether such information-sharing protocols are adversely impacting the ability of the Secretary
to perform accurate benefit-cost analyses for future flood
risk management activities.
(3) REPORT.—Upon completion of the review conducted
under paragraph (1), the Comptroller General shall submit
to the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Environment
and Public Works of the Senate a report containing the results
of such review.
(g) AUDIT OF JOINT COSTS FOR OPERATION AND MAINTENANCE.—
(1) IN GENERAL.—Not later than 1 year after the date
of enactment of this Act, the Comptroller General of the United
States shall initiate a review of the practices of the Corps
of Engineers with respect to the determination of joint costs
associated with operations and maintenance of reservoirs owned
and operated by the Secretary.
(2) REPORT.—Upon completion of the review conducted
under paragraph (1), the Comptroller General shall submit
to the Committee on Environment and Public Works of the
Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the findings
of such review and any recommendations that result from such
review.
SEC. 8237. ASSESSMENT OF FOREST, RANGELAND, AND WATERSHED
RESTORATION SERVICES ON LANDS OWNED BY THE
CORPS OF ENGINEERS.

(a) IN GENERAL.—The Secretary shall carry out an assessment
of forest, rangeland, and watershed restoration services on lands
owned by the Corps of Engineers, including an assessment of
whether the provision of such services on such lands by non-Federal
interests through good neighbor agreements would be in the best
interests of the United States.

H. R. 7776—1380
(b) CONSIDERATIONS.—In carrying out the assessment under
subsection (a), the Secretary shall—
(1) describe the forest, rangeland, and watershed restoration services provided by the Secretary on lands owned by
the Corps of Engineers;
(2) assess whether such services, including efforts to reduce
hazardous fuels and to restore and improve forest, rangeland,
and watershed health (including the health of fish and wildlife
habitats) would be enhanced by authorizing the Secretary to
enter into a good neighbor agreement with a non-Federal
interest;
(3) describe the process for ensuring that Federal requirements for land management plans for forests on lands owned
by the Corps of Engineers remain in effect under good neighbor
agreements;
(4) assess whether Congress should authorize the Secretary
to enter into a good neighbor agreement with a non-Federal
interest to provide forest, rangeland, and watershed restoration
services on lands owned by the Corps of Engineers, including
by assessing any interest expressed by a non-Federal interest
to enter into such an agreement;
(5) consider whether implementation of a good neighbor
agreement on lands owned by the Corps of Engineers would
benefit State and local governments and Indian Tribes that
are located in the same geographic area as such lands; and
(6) consult with the heads of other Federal agencies authorized to enter into good neighbor agreements with non-Federal
interests.
(c) REPORT TO CONGRESS.—Not later than 18 months after
the date of enactment of this section, the Secretary shall submit
to the Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Environment and Public
Works of the Senate, and make publicly available (including on
a publicly available website), a report describing the results of
the assessment carried out under subsection (a).
(d) DEFINITIONS.—In this section:
(1) FOREST, RANGELAND, AND WATERSHED RESTORATION
SERVICES.—The term ‘‘forest, rangeland, and watershed restoration services’’ has the meaning given such term in section
8206 of the Agricultural Act of 2014 (16 U.S.C. 2113a).
(2) GOOD NEIGHBOR AGREEMENT.—The term ‘‘good neighbor
agreement’’ means a cooperative agreement or contract
(including a sole source contract) entered into between the
Secretary and a non-Federal interest to carry out forest, rangeland, and watershed restoration services.
(3) LANDS OWNED BY THE CORPS OF ENGINEERS.—The term
‘‘lands owned by the Corps of Engineers’’ means any land
owned by the Corps of Engineers, but does not include—
(A) a component of the National Wilderness Preservation System;
(B) land on which the removal of vegetation is prohibited or restricted by law or Presidential proclamation;
(C) a wilderness study area; or
(D) any other land with respect to which the Secretary
determines that forest, rangeland, and watershed restoration services should remain the responsibility of the Secretary.

H. R. 7776—1381

Subtitle C—Deauthorizations and
Modifications
SEC. 8301. DEAUTHORIZATION OF INACTIVE PROJECTS.

(a) PURPOSES; PROPOSED DEAUTHORIZATION LIST; SUBMISSION
FINAL LIST.—Section 301 of the Water Resources Development
Act of 2020 (33 U.S.C. 579d–2) is amended by striking subsections
(a) through (c) and inserting the following:
‘‘(a) PURPOSES.—The purposes of this section are—
‘‘(1) to identify water resources development projects, and
separable elements of projects, authorized by Congress that
are no longer viable for construction due to—
‘‘(A) a lack of local support;
‘‘(B) a lack of available Federal or non-Federal
resources; or
‘‘(C) an authorizing purpose that is no longer relevant
or feasible;
‘‘(2) to create an expedited and definitive process for Congress to deauthorize water resources development projects and
separable elements that are no longer viable for construction;
and
‘‘(3) to allow the continued authorization of water resources
development projects and separable elements that are viable
for construction.
‘‘(b) PROPOSED DEAUTHORIZATION LIST.—
‘‘(1) PRELIMINARY LIST OF PROJECTS.—
‘‘(A) IN GENERAL.—The Secretary shall develop a
preliminary list of each water resources development
project, or separable element of a project, authorized for
construction before November 8, 2007, for which—
‘‘(i) planning, design, or construction was not initiated before the date of enactment of this Act; or
‘‘(ii) planning, design, or construction was initiated
before the date of enactment of this Act, but for which
no funds, Federal or non-Federal, were obligated for
planning, design, or construction of the project or separable element of the project during the current fiscal
year or any of the 10 preceding fiscal years.
‘‘(B) USE OF COMPREHENSIVE CONSTRUCTION BACKLOG
AND OPERATION AND MAINTENANCE REPORT.—The Secretary
may develop the preliminary list from the comprehensive
construction backlog and operation and maintenance
reports developed pursuant to section 1001(b)(2) of the
Water Resources Development Act of 1986 (33 U.S.C. 579a).
‘‘(2) PREPARATION OF PROPOSED DEAUTHORIZATION LIST.—
‘‘(A) PROPOSED LIST AND ESTIMATED DEAUTHORIZATION
AMOUNT.—The Secretary shall—
‘‘(i) prepare a proposed list of projects for
deauthorization comprised of a subset of projects and
separable elements identified on the preliminary list
developed under paragraph (1) that are projects or
separable elements described in subsection (a)(1), as
determined by the Secretary; and
‘‘(ii) include with such proposed list an estimate,
in the aggregate, of the Federal cost to complete such
projects.

OF

H. R. 7776—1382
‘‘(B) DETERMINATION OF FEDERAL COST TO COMPLETE.—
For purposes of subparagraph (A), the Federal cost to complete shall take into account any allowances authorized
by section 902 of the Water Resources Development Act
of 1986 (33 U.S.C. 2280), as applied to the most recent
project schedule and cost estimate.
‘‘(3) PUBLIC COMMENT AND CONSULTATION.—
‘‘(A) IN GENERAL.—The Secretary shall solicit comments from the public and the Governors of each applicable
State on the proposed deauthorization list prepared under
paragraph (2)(A).
‘‘(B) COMMENT PERIOD.—The public comment period
shall be 90 days.
‘‘(4) PREPARATION OF FINAL DEAUTHORIZATION LIST.—
‘‘(A) IN GENERAL.—The Secretary shall prepare a final
deauthorization list by—
‘‘(i) considering any comments received under paragraph (3); and
‘‘(ii) revising the proposed deauthorization list prepared under paragraph (2)(A) as the Secretary determines necessary to respond to such comments.
‘‘(B) APPENDIX.—The Secretary shall include as part
of the final deauthorization list an appendix that—
‘‘(i) identifies each project or separable element
on the proposed deauthorization list that is not
included on the final deauthorization list; and
‘‘(ii) describes the reasons why the project or separable element is not included on the final deauthorization list.
‘‘(c) SUBMISSION OF FINAL DEAUTHORIZATION LIST TO CONGRESS
FOR CONGRESSIONAL REVIEW; PUBLICATION.—
‘‘(1) IN GENERAL.—Not later than 90 days after the date
of the close of the comment period under subsection (b)(3),
the Secretary shall—
‘‘(A) submit the final deauthorization list and appendix
prepared under subsection (b)(4) to the Committee on
Transportation and Infrastructure of the House of Representatives and the Committee on Environment and
Public Works of the Senate; and
‘‘(B) publish the final deauthorization list and appendix
in the Federal Register.
‘‘(2) EXCLUSIONS.—The Secretary shall not include in the
final deauthorization list submitted under paragraph (1) any
project or separable element with respect to which Federal
funds for planning, design, or construction are obligated after
the development of the preliminary list under subsection
(b)(1)(A) but prior to the submission of the final deauthorization
list under paragraph (1)(A) of this subsection.’’.
(b) REPEAL.—Section 301(d) of the Water Resources Development Act of 2020 (33 U.S.C. 579d–2(d)) is repealed.
SEC. 8302. WATERSHED AND RIVER BASIN ASSESSMENTS.

Section 729 of the Water Resources Development Act of 1986
(33 U.S.C. 2267a) is amended—
(1) in subsection (a)—
(A) in paragraph (5), by striking ‘‘and’’ at the end;

H. R. 7776—1383
(B) in paragraph (6), by striking the period at the
end and inserting a semicolon; and
(C) by adding at the end the following:
‘‘(7) sea level rise;
‘‘(8) coastal storm damage reduction; and
‘‘(9) streambank and shoreline protection.’’; and
(2) in subsection (d)—
(A) in paragraph (9), by striking ‘‘and’’ at the end;
(B) in paragraph (10), by striking the period at the
end and inserting a semicolon; and
(C) by adding at the end the following:
‘‘(11) New York-New Jersey Watershed Basin, which
encompasses all the watersheds that flow into the New YorkNew Jersey Harbor and their associated estuaries, including
the Hudson, Mohawk, Raritan, Passaic, Hackensack, and Bronx
River Watersheds and the Hudson River Estuary;
‘‘(12) Mississippi River Watershed; and
‘‘(13) Chattahoochee River Basin, Alabama, Florida, and
Georgia.’’.
SEC. 8303. FORECAST-INFORMED RESERVOIR OPERATIONS.

(a) ADDITIONAL UTILIZATION OF FORECAST-INFORMED RESOPERATIONS.—Section 1222(c) of the Water Resources
Development Act of 2018 (132 Stat. 3811; 134 Stat. 2661) is
amended—
(1) in paragraph (1), by striking ‘‘the Upper Missouri River
Basin and the North Platte River Basin’’ and inserting ‘‘the
Upper Missouri River Basin, the North Platte River Basin,
and the Apalachicola Chattahoochee Flint River Basin’’; and
(2) in paragraph (2)—
(A) in subparagraph (A), by striking ‘‘the Upper Missouri River Basin or the North Platte River Basin’’ and
inserting ‘‘the Upper Missouri River Basin, the North Platte
River Basin, or the Apalachicola Chattahoochee Flint River
Basin’’; and
(B) in subparagraph (B), by striking ‘‘the Upper Missouri River Basin or the North Platte River Basin’’ and
inserting ‘‘the Upper Missouri River Basin, the North Platte
River Basin, or the Apalachicola Chattahoochee Flint River
Basin’’.
(b) COMPLETION OF REPORTS.—The Secretary shall expedite
completion of the reports authorized by section 1222 of the Water
Resources Development Act of 2018 (132 Stat. 3811; 134 Stat.
2661).
(c) FORECAST-INFORMED RESERVOIR OPERATIONS.—
(1) IN GENERAL.—The Secretary is authorized to carry out
a research study pilot program at 1 or more dams owned
and operated by the Secretary in the North Atlantic Division
of the Corps of Engineers to assess the viability of forecastinformed reservoir operations in the eastern United States.
(2) REPORT.—Not later than 1 year after completion of
the research study pilot program under paragraph (1), the
Secretary shall submit to the Committee on Transportation
and Infrastructure of the House of Representatives and the
Committee on Environment and Public Works of the Senate
a report on the results of the research study pilot program.
ERVOIR

H. R. 7776—1384
SEC. 8304. LAKES PROGRAM.

Section 602(a) of the Water Resources Development Act of
1986 (100 Stat. 4148; 104 Stat. 4646; 110 Stat. 3758; 113 Stat.
295; 121 Stat. 1076; 134 Stat. 2703) is amended—
(1) in paragraph (29), by striking ‘‘and’’ at the end;
(2) in paragraph (30), by striking the period at the end
and inserting a semicolon; and
(3) by adding at the end the following:
‘‘(31) Salisbury Pond, Worcester, Massachusetts;
‘‘(32) Baisley Pond, New York;
‘‘(33) Legacy Park, Decatur, Georgia; and
‘‘(34) White Rock Lake, Dallas, Texas.’’.
SEC. 8305. INVASIVE SPECIES.

(a) AQUATIC INVASIVE SPECIES RESEARCH.—Section 1108(a) of
the Water Resources Development Act of 2018 (33 U.S.C. 2263a(a))
is amended by inserting ‘‘, hydrilla’’ after ‘‘elodea’’.
(b) INVASIVE SPECIES MANAGEMENT.—Section 104 of the River
and Harbor Act of 1958 (33 U.S.C. 610) is amended—
(1) in subsection (b)(2)(A)(ii)—
(A) by striking ‘‘$50,000,000’’ and inserting
‘‘$75,000,000’’; and
(B) by striking ‘‘2024’’ and inserting ‘‘2028’’;
(2) in subsection (f)(4) by striking ‘‘2024’’ and inserting
‘‘2028’’; and
(3) in subsection (g)—
(A) in paragraph (2)—
(i) in subparagraph (A)—
(I) by striking ‘‘water quantity or water
quality’’ and inserting ‘‘water quantity, water
quality, or ecosystems’’; and
(II) by inserting ‘‘the Lake Erie Basin, the
Ohio River Basin,’’ after ‘‘the Upper Snake River
Basin,’’; and
(ii) in subparagraph (B), by inserting ‘‘, hydrilla
(Hydrilla
verticillata),’’
after
‘‘(Elaeagnus
angustifolia)’’; and
(B) in paragraph (3)(D), by striking ‘‘2024’’ and
inserting ‘‘2028’’.
(c) HARMFUL ALGAL BLOOM DEMONSTRATION PROGRAM.—Section 128(c) of the Water Resources Development Act of 2020 (33
U.S.C. 610 note) is amended to read as follows:
‘‘(c) FOCUS AREAS.—In carrying out the demonstration program
under subsection (a), the Secretary shall undertake program activities related to harmful algal blooms in—
‘‘(1) the Great Lakes;
‘‘(2) the tidal and inland waters of the State of New Jersey,
including Lake Hopatcong, New Jersey;
‘‘(3) the coastal and tidal waters of the State of Louisiana;
‘‘(4) the waterways of the counties that comprise the Sacramento-San Joaquin Delta, California;
‘‘(5) the Allegheny Reservoir Watershed, New York;
‘‘(6) Lake Okeechobee, Florida;
‘‘(7) the Caloosahatchee and St. Lucie Rivers, Florida;
‘‘(8) Lake Sidney Lanier, Georgia;
‘‘(9) Rio Grande River Basin, Colorado, New Mexico, and
Texas;

H. R. 7776—1385
‘‘(10) lakes and reservoirs in the State of Ohio;
‘‘(11) the Upper Mississippi River and tributaries;
‘‘(12) Detroit Lake, Oregon;
‘‘(13) Ten Mile Lake, Oregon; and
‘‘(14) the coastal waters of the United States Virgin
Islands.’’.
(d) UPDATE ON INVASIVE SPECIES POLICY GUIDANCE.—Section
501(b) of the Water Resources Development Act of 2020 (33 U.S.C.
610 note) is amended—
(1) in paragraph (1), by striking ‘‘and’’ at the end;
(2) in paragraph (2), by striking the period at the end
and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(3) the Sacramento-San Joaquin Delta, California.’’.
SEC. 8306. MAINTENANCE OF NAVIGATION CHANNELS.

Section 509(a) of the Water Resources Development Act of
1996 (110 Stat. 3759; 113 Stat. 339; 114 Stat. 2679) is amended
by adding at the end the following:
‘‘(18) Second harbor at New Madrid County Harbor, Missouri.
‘‘(19) Yabucoa Harbor, Puerto Rico.
‘‘(20) Everett Harbor and Snohomish River, Boat Launch
Connector Channel, Washington.
‘‘(21) Port Townsend, Boat Haven Marina Breakwater,
Washington.
‘‘(22) Segment 1B of Houston Ship Channel, Texas.’’.
SEC. 8307. PROJECT REAUTHORIZATIONS.

(a) IN GENERAL.—
(1) NEW YORK HARBOR, NEW YORK AND NEW JERSEY.—The
New York Harbor collection and removal of drift project authorized by section 2 of the Act of March 4, 1915 (chapter 142,
38 Stat. 1051; 88 Stat. 39; 104 Stat. 4615), and deauthorized
pursuant to section 6001 of the Water Resources Reform and
Development Act of 2014 (128 Stat. 1345), is authorized to
be carried out by the Secretary.
(2) RIO NIGUA, SALINAS, PUERTO RICO.—The project for flood
control, Rio Nigua, Salinas, Puerto Rico, authorized by section
101 of the Water Resources Development Act of 1999 (113
Stat. 278), and deauthorized pursuant to section 6001 of the
Water Resources Reform and Development Act of 2014 (128
Stat. 1345), is authorized to be carried out by the Secretary.
(3) RIO GRANDE DE LOIZA, PUERTO RICO.—The project for
flood control, Rio Grande De Loiza, Puerto Rico, authorized
by section 101 of the Water Resources Development Act of
1992 (106 Stat. 4803), and deauthorized pursuant to section
6001 of the Water Resources Reform and Development Act
of 2014 (128 Stat. 1345), is authorized to be carried out by
the Secretary.
(b) FEASIBILITY STUDIES.—The Secretary shall carry out, and
submit to the Committee on Environment and Public Works of
the Senate and the Committee on Transportation and Infrastructure
of the House of Representatives a report on the results of, a feasibility study for each of the projects described in subsection (a).

H. R. 7776—1386
SEC. 8308. SPECIAL RULE FOR CERTAIN BEACH NOURISHMENT
PROJECTS.

(a) IN GENERAL.—In the case of a water resources development
project described in subsection (b), the Secretary shall—
(1) fund, at Federal expense, any incremental increase
in cost to the project that results from a legal requirement
to use a borrow source determined by the Secretary to be
other than the least-cost option; and
(2) exclude the cost described in paragraph (1) from the
cost-benefit analysis for the project.
(b) WATER RESOURCES DEVELOPMENT PROJECT DESCRIBED.—
A water resources development project referred to in subsection
(a) is any of the following:
(1) The Townsends Inlet to Cape May Inlet, New Jersey,
hurricane storm damage reduction, shore protection, and ecosystem restoration project, authorized by section 101(a)(26) of
the Water Resources Development Act of 1999 (113 Stat. 278).
(2) The Folly Beach, South Carolina, shoreline protection
project, authorized by section 501(a) of the Water Resources
Development Act of 1986 (100 Stat. 4136; 105 Stat. 520).
(3) The Carolina Beach and Vicinity, North Carolina,
coastal storm risk management project, authorized by section
203 of the Flood Control Act of 1962 (76 Stat. 1182; 134 Stat.
2741).
(4) The Wrightsville Beach, North Carolina, coastal storm
risk management project, authorized by section 203 of the
Flood Control Act of 1962 (76 Stat. 1182; 134 Stat. 2741).
(c) SAVINGS PROVISION.—Nothing in this section limits the eligibility for, or availability of, Federal expenditures or financial assistance for any water resources development project, including any
beach nourishment or renourishment project, under any other provision of Federal law.
SEC. 8309. COLUMBIA RIVER BASIN.

(a) STUDY OF FLOOD RISK MANAGEMENT ACTIVITIES.—
(1) IN GENERAL.—Using funds made available to carry out
this section, the Secretary is authorized, at Federal expense,
to carry out a study to determine the feasibility of a project
for flood risk management and related purposes in the
Columbia River Basin and to report to the Committee on
Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works
of the Senate with recommendations thereon, including recommendations for a project to potentially reduce the reliance
on Canada for flood risk management in the basin.
(2) COORDINATION.—The Secretary shall carry out the
activities described in this subsection in coordination with other
Federal and State agencies and Indian Tribes.
(b) FUNDS FOR COLUMBIA RIVER TREATY OBLIGATIONS.—
(1) IN GENERAL.—The Secretary is authorized to expend
funds appropriated for the purpose of satisfying United States
obligations under the Columbia River Treaty to compensate
Canada for operating Canadian storage on behalf of the United
States under such treaty.
(2) NOTIFICATION.—If the U.S. entity calls upon Canada
to operate Canadian reservoir storage for flood risk management on behalf of the United States, which operation may

H. R. 7776—1387
incur an obligation to compensate Canada under the Columbia
River Treaty—
(A) the Secretary shall submit to the Committees on
Transportation and Infrastructure and Appropriations of
the House of Representatives and the Committees on
Environment and Public Works and Appropriations of the
Senate, by not later than 30 days after the initiation of
the call, a written notice of the action and a justification,
including a description of the circumstances necessitating
the call;
(B) upon a determination by the United States of the
amount of compensation that shall be paid to Canada,
the Secretary shall submit to the Committees on Transportation and Infrastructure and Appropriations of the House
of Representatives and the Committees on Environment
and Public Works and Appropriations of the Senate a written notice specifying such amount and an explanation of
how such amount was derived, which notification shall
not delay or impede the flood risk management mission
of the U.S. entity; and
(C) the Secretary shall make no payment to Canada
for the call under the Columbia River Treaty until such
time as funds appropriated for the purpose of compensating
Canada under such treaty are available.
(3) DEFINITIONS.—In this section:
(A) COLUMBIA RIVER BASIN.—The term ‘‘Columbia River
Basin’’ means the entire United States portion of the
Columbia River watershed.
(B) COLUMBIA RIVER TREATY.—The term ‘‘Columbia
River Treaty’’ means the treaty relating to cooperative
development of the water resources of the Columbia River
Basin, signed at Washington January 17, 1961, and entered
into force September 16, 1964.
(C) U.S. ENTITY.—The term ‘‘U.S. entity’’ means the
entity designated by the United States under Article XIV
of the Columbia River Treaty.
SEC. 8310. EVALUATION OF HYDROLOGIC CHANGES IN SOURIS RIVER
BASIN.

The Secretary is authorized to evaluate hydrologic changes
affecting the agreement entitled ‘‘Agreement Between the Government of Canada and the Government of the United States of
America for Water Supply and Flood Control in the Souris River
Basin’’, signed and entered into force on October 26, 1989.
SEC. 8311. ACEQUIAS IRRIGATION SYSTEMS.

Section 1113 of the Water Resources Development Act of 1986
(100 Stat. 4232; 110 Stat. 3719) is amended—
(1) in subsection (b)—
(A) by striking ‘‘(b) Subject to section 903(a) of this
Act, the Secretary is authorized and directed to undertake’’
and inserting the following:
‘‘(b) AUTHORIZATION.—The Secretary shall carry out’’; and
(B) by striking ‘‘canals’’ and all that follows through
‘‘100 percent.’’ and inserting the following: ‘‘channels
attendant to the operations of the community ditch and
Acequia systems in New Mexico that—

H. R. 7776—1388
‘‘(1) are declared to be a political subdivision of the State;
or
‘‘(2) belong to an Indian Tribe (as defined in section 4
of the Indian Self-Determination and Education Assistance Act
(25 U.S.C. 5304)).’’;
(2) by redesignating subsection (c) as subsection (f);
(3) by inserting after subsection (b) the following:
‘‘(c) INCLUSIONS.—The measures described in subsection (b)
shall, to the maximum extent practicable—
‘‘(1) ensure greater resiliency of diversion structures,
including to flow variations, prolonged drought conditions,
invasive plant species, and threats from changing hydrological
and climatic conditions; or
‘‘(2) support research, development, and training for innovative management solutions, including those for controlling
invasive aquatic plants that affect acequias.
‘‘(d) COST SHARING.—The non-Federal share of the cost of carrying out the measures described in subsection (b), including study
costs, shall be 25 percent, except that in the case of a measure
benefitting an economically disadvantaged community (as defined
by the Secretary under section 160 of the Water Resources Development Act of 2020 (33 U.S.C. 2201 note)), including economically
disadvantaged communities located in urban and rural areas, the
Federal share of the cost of carrying out such measure shall be
90 percent.
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to carry out the measures described in subsection
(b) $80,000,000.’’; and
(4) in subsection (f) (as so redesignated)—
(A) in the first sentence—
(i) by striking ‘‘(f) The Secretary is further authorized and directed to’’ and inserting the following:
‘‘(f) PUBLIC ENTITY STATUS.—
‘‘(1) IN GENERAL.—The Secretary shall’’; and
(ii) by inserting ‘‘or belong to an Indian Tribe
within the State of New Mexico’’ after ‘‘that State’’;
and
(B) in the second sentence, by striking ‘‘This public
entity status will allow the officials of these Acequia systems’’ and inserting the following:
‘‘(2) EFFECT.—The public entity status provided under paragraph (1) shall allow the officials of the Acequia systems
described in such paragraph’’.
SEC. 8312. PORT OF NOME, ALASKA.

(a) IN GENERAL.—The Secretary shall carry out the project
for navigation, Port of Nome, Alaska, authorized by section 401(1)
of the Water Resources Development Act of 2020 (134 Stat. 2733).
(b) COST SHARE.—
(1) IN GENERAL.—The non-Federal interest for the project
described in subsection (a) shall pay 10 percent of the costs
associated with the general navigation features of the project
during the period of construction.
(2) EXCEPTION.—Section 101(a)(2) of the Water Resources
Development Act of 1986 (33 U.S.C. 2211(a)(2)) shall not apply
to the project described in subsection (a).

H. R. 7776—1389
SEC. 8313. ST. GEORGE, ALASKA.

Notwithstanding the terms of the local cooperation agreement
between the Department of the Army and the City of St. George,
Alaska, dated December 23, 1988, the Secretary shall waive any
and all payments due and owing to the United States by the
City of St. George on or after the date of enactment this Act
resulting from the judgment filed on November 8, 1993, in the
United States Court of Federal Claims in J.E. McAmis, Inc. v.
United States, 90–315C, 91–1194C, and 91–1195C.
SEC. 8314. UNALASKA (DUTCH HARBOR) CHANNELS, ALASKA.

Section 401(1) of the Water Resources Development Act of
2020 (134 Stat. 2734) is amended, in row 3 (relating to the project
for navigation, Unalaska (Dutch Harbor) Channels, Alaska), by
striking ‘‘February 7, 2020’’ and inserting ‘‘October 2, 2020’’.
SEC. 8315. STORM DAMAGE PREVENTION AND REDUCTION, COASTAL
EROSION, AND ICE AND GLACIAL DAMAGE, ALASKA.

(a) IN GENERAL.—The Secretary shall establish a program to
carry out structural and nonstructural projects for storm damage
prevention and reduction, coastal erosion, and ice and glacial damage in the State of Alaska, including—
(1) relocation of affected communities; and
(2) construction of replacement facilities.
(b) COST SHARE.—
(1) IN GENERAL.—Except as provided in paragraph (2), the
non-Federal share of the cost of a project carried out under
this section shall be in accordance with sections 103 and 105
of the Water Resources Development Act of 1986 (33 U.S.C.
2213, 2215).
(2) EXCEPTION.—In the case of a project benefitting an
economically disadvantaged community (as defined by the Secretary under section 160 of the Water Resources Development
Act of 2020 (33 U.S.C. 2201 note)), including economically disadvantaged communities located in urban and rural areas,
the non-Federal share of the cost of such project shall be
10 percent.
(c) REPEAL.—Section 116 of the Energy and Water Development
and Related Agencies Appropriations Act, 2010 (123 Stat. 2851),
is repealed.
(d) TREATMENT.—The program authorized by subsection (a)
shall be considered a continuation of the program authorized by
section 116 of the Energy and Water Development and Related
Agencies Appropriations Act, 2010 (123 Stat. 2851) (as in effect
on the day before the date of enactment of this Act).
SEC. 8316. ST. FRANCIS LAKE CONTROL STRUCTURE.

(a) IN GENERAL.—The Secretary shall set the ordinary high
water mark for water impounded behind the St. Francis Lake
Control Structure, authorized by the Act of May 15, 1928 (chapter
569, 45 Stat. 538; 79 Stat. 1077), at 208 feet mean sea level.
(b) OPERATION BY PROJECT MANAGER.—In setting the ordinary
high water mark under subsection (a), the Secretary shall ensure
that the project manager for the St. Francis Lake Control Structure
may continue operating such structure in accordance with the
instructions set forth in the document titled ‘‘St. Francis Lake
Control Structure Standing Instructions to the Project Manager’’

H. R. 7776—1390
and published in January 1982 by the Corps of Engineers, Memphis
District.
SEC. 8317. SOUTH PLATTE RIVER AND TRIBUTARIES, ADAMS AND
DENVER COUNTIES, COLORADO.

(a) IN GENERAL.—The Secretary shall expedite the completion
of a written agreement under section 204(d) of the Water Resources
Development Act of 1986 (33 U.S.C. 2232(d)) with the non-Federal
interest for the project for ecosystem restoration and flood risk
management, South Platte River and Tributaries, Adams and
Denver Counties, Colorado, authorized by section 401(4) of the
Water Resources Development Act of 2020 (134 Stat. 2739).
(b) REIMBURSEMENT.—The written agreement described in subsection (a) shall provide for reimbursement of the non-Federal
interest from funds in the allocation for the project described in
subsection (a) in the detailed spend plan submitted for amounts
appropriated under the heading ‘‘DEPARTMENT OF THE ARMY—
CORPS OF ENGINEERS—CIVIL—CONSTRUCTION’’ in title III of division J of the Infrastructure Investment and Jobs Act (135 Stat.
1359) if the Secretary determines that funds in an amount sufficient
to reimburse the non-Federal interest are available in such allocation.
SEC. 8318. FRUITVALE AVENUE RAILROAD BRIDGE, ALAMEDA, CALIFORNIA.

Section 4017(d) of the Water Resources Development Act of
2007 (121 Stat. 1175) is repealed.
SEC. 8319. LOS ANGELES COUNTY, CALIFORNIA.

(a) ESTABLISHMENT OF PROGRAM.—The Secretary may establish
a program to provide environmental assistance to non-Federal
interests in Los Angeles County, California.
(b) FORM OF ASSISTANCE.—Assistance provided under this section may be in the form of design and construction assistance
for water-related environmental infrastructure and resource protection and development projects in Los Angeles County, California,
including projects for wastewater treatment and related facilities,
water supply and related facilities, environmental restoration, and
surface water resource protection and development.
(c) OWNERSHIP REQUIREMENT.—The Secretary may provide
assistance for a project under this section only if the project is
publicly owned.
(d) PARTNERSHIP AGREEMENTS.—
(1) IN GENERAL.—Before providing assistance under this
section to a non-Federal interest, the Secretary shall enter
into a partnership agreement under section 221 of the Flood
Control Act of 1970 (42 U.S.C. 1962d–5b) with the non-Federal
interest with respect to the project to be carried out with
such assistance.
(2) REQUIREMENTS.—Each partnership agreement for a
project entered into under this subsection shall provide for
the following:
(A) Development by the Secretary, in consultation with
appropriate Federal and State officials, of a facilities or
resource protection and development plan, including appropriate engineering plans and specifications.

H. R. 7776—1391
(B) Establishment of such legal and institutional structures as are necessary to ensure the effective long-term
operation of the project by the non-Federal interest.
(3) COST SHARING.—
(A) IN GENERAL.—The Federal share of the cost of
a project under this section—
(i) shall be 75 percent; and
(ii) may be provided in the form of grants or
reimbursements of project costs.
(B) CREDIT FOR INTEREST.—In case of a delay in the
funding of the Federal share of a project that is the subject
of an agreement under this section, the non-Federal
interest shall receive credit for reasonable interest incurred
in providing the non-Federal share of the project cost.
(C) CREDIT FOR LAND, EASEMENTS, AND RIGHTS-OFWAY.—Notwithstanding section 221(a)(4)(G) of the Flood
Control Act of 1970 (42 U.S.C. 1962d–5b(a)(4)(G)), the nonFederal interest shall receive credit for land, easements,
rights-of-way, and relocations toward the non-Federal share
of project cost (including all reasonable costs associated
with obtaining permits necessary for the construction, operation, and maintenance of the project on publicly owned
or controlled land), but the credit may not exceed 25 percent
of total project costs.
(D) OPERATION AND MAINTENANCE.—The non-Federal
share of operation and maintenance costs for projects constructed with assistance provided under this section shall
be 100 percent.
(e) AUTHORIZATION OF APPROPRIATIONS.—
(1) IN GENERAL.—There is authorized to be appropriated
$50,000,000 to carry out this section.
(2) CORPS OF ENGINEERS EXPENSES.—Not more than 10
percent of the amounts made available to carry out this section
may be used by the Corps of Engineers district offices to administer projects under this section at Federal expense.
SEC. 8320. DEAUTHORIZATION OF DESIGNATED PORTIONS OF THE LOS
ANGELES COUNTY DRAINAGE AREA, CALIFORNIA.

(a) IN GENERAL.—The portion of the project for flood risk
management, Los Angeles County Drainage Area, California,
authorized by section 5 of the Act of June 22, 1936 (chapter 688,
49 Stat. 1589; 50 Stat. 167; 52 Stat. 1215; 55 Stat. 647; 64 Stat.
177; 104 Stat. 4611), consisting of the debris basins described in
subsection (b), is no longer authorized beginning on the date that
is 18 months after the date of enactment of this Act.
(b) DEBRIS BASINS DESCRIBED.—The debris basins referred to
in subsection (a) are the following debris basins operated and maintained by the Los Angeles County Flood Control District, as generally defined in Corps of Engineers operations and maintenance
manuals as may be further described in an agreement entered
into under subsection (c): Auburn Debris Basin, Bailey Debris Basin,
Big Dalton Debris Basin, Blanchard Canyon Debris Basin, Blue
Gum Canyon Debris Basin, Brand Canyon Debris Basin, Carter
Debris Basin, Childs Canyon Debris Basin, Dunsmuir Canyon
Debris Basin, Eagle Canyon Debris Basin, Eaton Wash Debris
Basin, Elmwood Canyon Debris Basin, Emerald East Debris Basin,
Emerald West Debris Retention Inlet, Hay Debris Basin, Hillcrest

H. R. 7776—1392
Debris Basin, La Tuna Canyon Debris Basin, Little Dalton Debris
Basin, Live Oak Debris Retention Inlet, Lopez Debris Retention
Inlet, Lower Sunset Canyon Debris Basin, Marshall Canyon Debris
Retention Inlet, Santa Anita Debris Basin, Sawpit Debris Basin,
Schoolhouse Canyon Debris Basin, Shields Canyon Debris Basin,
Sierra Madre Villa Debris Basin, Snover Canyon Debris Basin,
Stough Canyon Debris Basin, Wilson Canyon Debris Basin, and
Winery Canyon Debris Basin.
(c) AGREEMENT.—Not later than 90 days after the date of
enactment of this Act, the Secretary shall seek to enter into an
agreement with the Los Angeles County Flood Control District
to ensure that the Los Angeles County Flood Control District—
(1) operates, maintains, repairs, and rehabilitates, and
replaces as necessary, the debris basins described in subsection
(b)—
(A) in perpetuity at no cost to the United States; and
(B) in a manner that ensures that the quantity and
concentration of stormwater inflows from such debris
basins does not reduce the level of flood protection of the
project described in subsection (a);
(2) retains public ownership of, and compatible uses for,
all real property required for the continued functioning of the
debris basins described in subsection (b), consistent with
authorized purposes of the project described in subsection (a);
(3) allows the Corps of Engineers to continue to operate,
maintain, rehabilitate, repair, and replace appurtenant structures, such as rain and stream gages, located within the debris
basins subject to deauthorization under subsection (a) as necessary to ensure the continued functioning of the project
described in subsection (a); and
(4) holds and saves the United States harmless from damages due to overtopping, breach, failure, operation, or maintenance of the debris basins described in subsection (b).
(d) ADMINISTRATIVE COSTS.—The Secretary may accept and
expend funds voluntarily contributed by the Los Angeles County
Flood Control District to cover the administrative costs incurred
by the Secretary to—
(1) enter into an agreement under subsection (c); and
(2) monitor compliance with such agreement.
SEC. 8321. MURRIETA CREEK, CALIFORNIA.

Section 103 of title I of appendix B of Public Law 106–377
(114 Stat. 1441A–65) (relating to the project for flood control,
environmental restoration, and recreation, Murrieta Creek, California), is amended—
(1) by striking ‘‘$89,850,000’’ and inserting ‘‘$277,194,000’’;
(2) by striking ‘‘$57,735,000’’ and inserting ‘‘$180,176,100’’;
and
(3) by striking ‘‘$32,115,000’’ and inserting ‘‘$97,017,900’’.
SEC. 8322. SACRAMENTO RIVER BASIN, CALIFORNIA.

The portion of the project for flood protection in the Sacramento
River Basin, authorized by section 2 of the Act of March 1, 1917
(chapter 144, 39 Stat. 949; 68 Stat. 1264; 110 Stat. 3662; 113
Stat. 319), consisting of the portion of the American River North
Levee, upstream of Arden Way, from G.P.S. coordinate 38.600948N
121.330599W to 38.592261N 121.334155W, is no longer authorized
beginning on the date of enactment of this Act.

H. R. 7776—1393
SEC. 8323. SAN DIEGO RIVER AND MISSION BAY, SAN DIEGO COUNTY,
CALIFORNIA.

(a) IN GENERAL.—The project for flood control and navigation,
San Diego River and Mission Bay, San Diego County, California,
authorized by the Act of July 24, 1946 (chapter 595, 60 Stat.
636; 134 Stat. 2705), is modified to change the authorized conveyance capacity of the project to a level determined appropriate by
the Secretary based on the actual capacity of the project, which
level may be further modified by the Secretary as necessary to
account for sea level rise.
(b) OPERATION AND MAINTENANCE MANUAL.—
(1) IN GENERAL.—The non-Federal sponsor for the project
described in subsection (a) shall prepare for review and
approval by the Secretary a revised operation and maintenance
manual for the project to implement the modification described
in subsection (a).
(2) FUNDING.—The non-Federal sponsor shall provide to
the Secretary funds sufficient to cover the costs incurred by
the Secretary to review and approve the manual described
in paragraph (1), and the Secretary may accept and expend
such funds in the performance of such review and approval.
(c) EMERGENCY REPAIR AND RESTORATION ASSISTANCE.—Upon
approval by the Secretary of the revised operation and maintenance
manual required under subsection (b), and subject to compliance
by the non-Federal sponsor with the requirements of such manual
and with any other eligibility requirement established by the Secretary, the project described in subsection (a) shall be considered
for assistance under section 5(a) of the Act of August 18, 1941
(33 U.S.C. 701n(a)).
SEC. 8324. ADDITIONAL ASSISTANCE FOR EASTERN SANTA CLARA
BASIN, CALIFORNIA.

Section 111 of title I of division B of the Miscellaneous Appropriations Act, 2001 (Public Law 106–554, appendix D, 114 Stat.
2763A–224 (as enacted by section 1(a)(4) of the Consolidated Appropriations Act, 2001 (114 Stat. 2763)); 121 Stat. 1209), is amended—
(1) in subsection (a), by inserting ‘‘and volatile organic
compounds’’ after ‘‘perchlorates’’; and
(2) in subsection (b)(3), by inserting ‘‘and volatile organic
compounds’’ after ‘‘perchlorates’’.
SEC. 8325. SAN FRANCISCO BAY, CALIFORNIA.

(a) TECHNICAL AMENDMENT.—Section 203(a)(1)(A) of the Water
Resources Development Act of 2020 (134 Stat. 2675) is amended
by striking ‘‘ocean shoreline’’ and inserting ‘‘bay and ocean shorelines’’.
(b) IMPLEMENTATION.—In carrying out a study under section
142 of the Water Resources Development Act of 1976 (90 Stat.
2930; 100 Stat. 4158), pursuant to section 203(a)(1)(A) of the Water
Resources Development Act of 2020 (as amended by this section),
the Secretary shall not differentiate between damages related to
high tide flooding and coastal storm flooding for the purposes of
determining the Federal interest or cost share.
SEC. 8326. SOUTH SAN FRANCISCO BAY SHORELINE, CALIFORNIA.

(a) IN GENERAL.—Except for funds required for a betterment
or for a locally preferred plan, the Secretary shall not require
the non-Federal interest for the project for flood risk management,

H. R. 7776—1394
ecosystem restoration, and recreation, South San Francisco Bay
Shoreline, California, authorized by section 1401(6) of the Water
Resources Development Act of 2016 (130 Stat. 1714), to contribute
funds under an agreement entered into prior to the date of enactment of this Act in excess of the total cash contribution required
from the non-Federal interest for the project under section 103
of the Water Resources Development Act of 1986 (33 U.S.C. 2213).
(b) REQUIREMENT.—The Secretary shall not, at any time, defer,
suspend, or terminate construction of the project described in subsection (a) solely on the basis of a determination by the Secretary
that an additional appropriation is required to cover the Federal
share of the cost to complete construction of the project, if Federal
funds, in an amount determined by the Secretary to be sufficient
to continue construction of the project, remain available in the
allocation for the project under the Long-Term Disaster Recovery
Investment Plan for amounts appropriated under the heading
‘‘CORPS OF ENGINEERS—CIVIL—DEPARTMENT OF THE ARMY—
CONSTRUCTION’’ in title IV of subdivision 1 of division B of the
Bipartisan Budget Act of 2018 (Public Law 115–123; 132 Stat.
76).
SEC. 8327. DELAWARE SHORE PROTECTION AND RESTORATION.
THE

(a) DELAWARE BENEFICIAL USE OF DREDGED MATERIAL FOR
DELAWARE RIVER, DELAWARE.—
(1) IN GENERAL.—At the request of the non-Federal interest
for the project for hurricane and storm damage risk reduction,
Delaware Beneficial Use of Dredged Material for the Delaware
River, Delaware, authorized by section 401(3) of the Water
Resources Development Act of 2020 (134 Stat. 2736) (referred
to in this subsection as the ‘‘project’’), the Secretary shall implement the project using borrow sources that are alternatives
to the Delaware River, Philadelphia to the Sea, project, Delaware, New Jersey, Pennsylvania, authorized by the Act of June
25, 1910 (chapter 382, 36 Stat. 637; 46 Stat. 921; 52 Stat.
803; 59 Stat. 14; 68 Stat. 1249; 72 Stat. 297).
(2) INTERIM AUTHORITY.—Until the Secretary implements
the modification under paragraph (1), the Secretary is authorized, at the request of a non-Federal interest, to carry out
initial construction or periodic nourishments at any site
included in the project under—
(A) section 1122 of the Water Resources Development
Act of 2016 (33 U.S.C. 2326 note); or
(B) section 204(d) of the Water Resources Development
Act of 1992 (33 U.S.C. 2326(d)).
(3) COST SHARE.—The Federal share of the cost to construct
and periodically nourish the project, including the cost of any
modifications carried out under paragraph (1) and the incremental cost of any placements carried out under paragraph
(2)(B), shall be 90 percent.
(b) DELAWARE EMERGENCY SHORE RESTORATION.—
(1) IN GENERAL.—The Secretary is authorized to repair
or restore a federally authorized hurricane and storm damage
reduction structure or project or a public beach located in
the State of Delaware pursuant to section 5(a) of the Act
of August 18, 1941 (33 U.S.C. 701n(a)), if—

H. R. 7776—1395
(A) the structure, project, or public beach is damaged
by wind, wave, or water action associated with a Nor’easter;
and
(B) the Secretary determines that the damage prevents—
(i) in the case of a structure or project, the adequate functioning of the structure or project for the
authorized purposes of the structure or project; or
(ii) in the case of a public beach, the adequate
functioning of the beach as a natural barrier to inundation, wave attack, or erosion coinciding with hurricanes, coastal storms, or Nor’easters.
(2) JUSTIFICATION.—The Secretary may carry out a repair
or restoration activity under paragraph (1) without the need
to demonstrate that the activity is justified solely by national
economic development benefits if—
(A) the Secretary determines that—
(i) such activity is necessary to restore the adequate functioning of the structure, project, or public
beach for the purposes described in paragraph (1)(B),
as applicable; and
(ii) such activity is warranted to protect against
loss to life or property of the community protected
by the structure, project, or public beach; and
(B) in the case of a public beach, the non-Federal
interest agrees to participate in, and comply with,
applicable Federal floodplain management and flood insurance programs.
(3) PRIORITIZATION.—Repair or restoration activities carried
out by the Secretary under paragraph (2) shall be given equal
budgetary consideration and priority as activities justified solely
by national economic development benefits.
(4) LIMITATIONS.—An activity carried out under paragraph
(1) for a public beach shall not—
(A) repair or restore the beach beyond its natural profile; or
(B) be considered initial construction of the hurricane
and storm damage reduction project.
(5) SAVINGS PROVISION.—The authority provided by this
subsection shall be in addition to any authority provided by
section 5(a) of the Act of August 18, 1941 (33 U.S.C. 701n(a))
to repair or restore federally authorized hurricane or shore
protective structure or project located in the State of Delaware
damaged or destroyed by wind, wave, or water action of other
than an ordinary nature.
(6) SUNSET.—The authority of the Secretary to carry out
an activity under paragraph (1) for a public beach shall expire
on the date that is 10 years after the date of enactment of
this Act.
(7) DEFINITIONS.—In this subsection:
(A) NOR’EASTER.—The term ‘‘Nor’easter’’ means a synoptic-scale, extratropical cyclone in the western North
Atlantic Ocean.
(B) PUBLIC BEACH.—The term ‘‘public beach’’ means
a beach within the geographic boundary of an
unconstructed federally authorized hurricane and storm
damage reduction project that is—

H. R. 7776—1396
(i) a publicly owned beach; or
(ii) a privately owned beach that is available for
public use, including the availability of reasonable
public access, in accordance with Engineer Regulation
1165–2–130, published by the Corps of Engineers,
dated June 15, 1989.
(c) INDIAN RIVER INLET AND BAY, DELAWARE.—
(1) IN GENERAL.—In carrying out major maintenance of
the project for navigation, Indian River Inlet and Bay, Delaware, authorized by the first section of the Act of August
26, 1937 (chapter 832, 50 Stat. 846; 59 Stat. 14), the Secretary
shall repair, restore, or relocate any non-Federal public recreation facility that has been damaged, in whole or in part,
by the deterioration or failure of the project.
(2) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to carry out this subsection $10,000,000.
(d) INDIAN RIVER INLET SAND BYPASS PLANT, DELAWARE.—
(1) IN GENERAL.—The project for hurricane-flood protection
and beach erosion control at Indian River Inlet, Delaware,
commonly known as the ‘‘Indian River Inlet Sand Bypass
Plant’’, authorized by section 869 of the Water Resources
Development Act of 1986 (100 Stat. 4182), is modified to
authorize the Secretary, at the request of a non-Federal
interest, to provide periodic nourishment through dedicated
dredging or other means to maintain or restore the functioning
of such project when—
(A) the sand bypass plant is inoperative; or
(B) operation of the sand bypass plant is insufficient
to maintain the functioning of the project.
(2) COST SHARE.—The non-Federal share of the cost of
a cycle of periodic nourishment provided pursuant to paragraph
(1) shall be the same percentage as the non-Federal share
of the cost to operate the sand bypass plant.
(e) REPROGRAMMING FOR COASTAL STORM RISK MANAGEMENT
PROJECT AT INDIAN RIVER INLET.—
(1) IN GENERAL.—For each fiscal year, the Secretary may
reprogram amounts made available for any coastal storm risk
management project to use such amounts for the project for
hurricane-flood protection and beach erosion control at Indian
River Inlet, Delaware, commonly known as the ‘‘Indian River
Inlet Sand Bypass Plant’’, authorized by section 869 of the
Water Resources Development Act of 1986 (100 Stat. 4182).
(2) LIMITATIONS.—
(A) IN GENERAL.—The Secretary may carry out not
more than 2 reprogramming actions under paragraph (1)
for each fiscal year.
(B) AMOUNT.—For each fiscal year, the Secretary may
reprogram—
(i) not more than $100,000 per reprogramming
action; and
(ii) not more than $200,000 for each fiscal year.
SEC. 8328. ST. JOHNS RIVER BASIN, CENTRAL AND SOUTHERN
FLORIDA.

The portions of the project for flood control and other purposes,
Central and Southern Florida, authorized by section 203 of the

H. R. 7776—1397
Flood Control Act of 1948 (62 Stat. 1176), consisting of the southernmost 3.5-mile reach of the L–73 levee, Section 2, Osceola County
Florida, are no longer authorized beginning on the date of enactment of this Act.
SEC. 8329. LITTLE PASS, CLEARWATER BAY, FLORIDA.

The portion of the project for navigation, Little Pass, Clearwater
Bay, Florida, authorized by section 101 of the River and Harbor
Act of 1960 (74 Stat. 481), beginning with the most westerly 1,000
linear feet of the channel encompassing all of Cut H, to include
the turning basin, is no longer authorized beginning on the date
of enactment of this Act.
SEC.

8330.

COMPREHENSIVE
FLORIDA.

EVERGLADES

RESTORATION

PLAN,

(a) IN GENERAL.—Section 601(e)(5) of the Water Resources
Development Act of 2000 (114 Stat. 2685; 121 Stat. 1269; 132
Stat. 3786) is amended—
(1) in subparagraph (D), by striking ‘‘subparagraph (D)’’
and inserting ‘‘subparagraph (E)’’; and
(2) in subparagraph (E)—
(A) in clause (i), in the matter preceding subclause
(I), by striking ‘‘during each 5-year period, beginning with
commencement of design of the Plan’’ and inserting ‘‘during
each period of 5 fiscal years, beginning on October 1, 2022’’;
(B) in clause (ii), by inserting ‘‘for each project in
the Plan’’ before the period at the end; and
(C) by adding at the end the following:
‘‘(iii) ACCOUNTING.—Not later than 90 days after
the end of each fiscal year, the Secretary shall provide
to the non-Federal sponsor a financial accounting of
non-Federal contributions under clause (i)(I) for such
fiscal year.
‘‘(iv) LIMITATION.—In the case of an authorized
project for which a project partnership agreement has
not been executed and for which there is an agreement
under subparagraph (B)(i)(III), the Secretary—
‘‘(I) shall consider all expenditures and obligations incurred by the non-Federal sponsor for land
and in-kind services for the project in determining
the amount of any cash contribution required from
the non-Federal sponsor to satisfy the cost-share
requirements of this subsection; and
‘‘(II) may only require any such cash contribution to be made at the end of each period of 5
fiscal years under clause (i).’’.
(b) UPDATE.—The Secretary and the non-Federal interest shall
revise the Master Agreement for the Comprehensive Everglades
Restoration Plan, executed in 2009 pursuant to section 601 of
the Water Resources Development Act of 2000 (114 Stat. 2680),
to reflect the amendment made by subsection (a).
SEC. 8331. PALM BEACH HARBOR, FLORIDA.

Beginning on the date of enactment of this Act, the project
for navigation, Palm Beach Harbor, Florida, for which assumption
of maintenance was authorized by section 202 of the Water
Resources Development Act of 1986 (100 Stat. 4093), is modified
to deauthorize the portion of the project, known as the Northern

H. R. 7776—1398
Turning Basin, consisting of an approximate 209,218-square foot
area (4.803 acres) of the Federal northern turning basin within
Palm Beach Harbor, starting at a point with coordinates
N887149.6299, E965813.7673; thence running N46°05’59’’E for
106.07 feet to a point with coordinates N887223.1767,
E965890.1929; thence running S88°54’01’’E for 393.00 feet to a
point with coordinates N887215.6342, E966283.1205; thence running S32°48’37’’E for 433.78 feet to a point with coordinates
N886851.0560, E966518.1668; thence running N88°54’01’’W for
710.00 feet to a point with coordinates N886864.6824,
E965808.2975; thence running N01°05’59’’E for 285.00 feet to the
point of origin.
SEC. 8332. PORT EVERGLADES, FLORIDA.

Section 1401(1) of the Water Resources Development Act of
2016 (130 Stat. 1709) is amended, in row 4 (relating to the project
for navigation, Port Everglades, Florida)—
(1) by striking ‘‘$229,770,000’’ and inserting ‘‘$529,700,000’’;
(2) by striking ‘‘$107,233,000’’ and inserting ‘‘$247,209,000’’;
and
(3) by striking ‘‘$337,003,000’’ and inserting ‘‘$776,909,000’’.
SEC. 8333. SOUTH FLORIDA ECOSYSTEM RESTORATION TASK FORCE.

Section 528(f)(1)(J) of the Water Resources Development Act
of 1996 (110 Stat. 3771) is amended by striking ‘‘2 representatives
of the State of Florida,’’ and inserting ‘‘3 representatives of the
State of Florida, including at least 1 representative of the Florida
Department of Environmental Protection and 1 representative of
the Florida Fish and Wildlife Conservation Commission,’’.
SEC. 8334. NEW SAVANNAH BLUFF LOCK AND DAM, GEORGIA AND
SOUTH CAROLINA.

Section 1319(c) of the Water Resources Development Act of
2016 (130 Stat. 1704) is amended by striking paragraph (2) and
inserting the following:
‘‘(2) COST SHARE.—
‘‘(A) IN GENERAL.—The costs of construction of a Project
feature constructed pursuant to paragraph (1) shall be
determined in accordance with section 101(a)(1)(B) of the
Water Resources Development Act of 1986 (33 U.S.C.
2211(a)(1)(B)).
‘‘(B) SAVINGS PROVISION.—Any increase in costs for
the Project due to the construction of a Project feature
constructed pursuant to paragraph (1) shall not be included
in the total project cost for purposes of section 902 of
the Water Resources Development Act of 1986 (33 U.S.C.
2280).’’.
SEC. 8335. LITTLE WOOD RIVER, GOODING, IDAHO.

Section 3057 of the Water Resources Development Act of 2007
(121 Stat. 1120) is amended—
(1) in subsection (a)(2), by striking ‘‘$9,000,000’’ and
inserting ‘‘$40,000,000’’; and
(2) in subsection (b)—
(A) by striking paragraph (1) and inserting the following:
‘‘(1) PLANNING, DESIGN, AND RECONSTRUCTION COSTS.—The
Federal share of planning, design, and reconstruction costs

H. R. 7776—1399
for a project under this section, including any work associated
with bridges, shall be 90 percent.’’; and
(B) by adding at the end the following:
‘‘(3) IN-KIND CONTRIBUTIONS.—The non-Federal interest
may provide and receive credit for in-kind contributions for
a project carried out under this section, consistent with section
221(a)(4) of the Flood Control Act of 1970 (42 U.S.C. 1962d–
5b(a)(4)).
‘‘(4) CASH CONTRIBUTION NOT APPLICABLE.—The requirement under section 103(a)(1)(A) of the Water Resources
Development Act of 1986 (33 U.S.C. 2213(a)(1)(A)) for a nonFederal interest to provide 5 percent of the cost of a project
carried out under this section shall not apply with respect
to the project.
‘‘(5) PAYMENT OPTIONS.—At the request of the non-Federal
interest for a project carried out under this section and subject
to available funding, the non-Federal contribution for construction of the project shall be financed in accordance with the
provisions of section 103(k) of the Water Resources Development Act of 1986 (33 U.S.C. 2213(k)) over a period of thirty
years from the date of completion of the project.’’.
SEC. 8336. CHICAGO SHORELINE PROTECTION.

The project for storm damage reduction and shoreline erosion
protection, Lake Michigan, Illinois, from Wilmette, Illinois, to the
Illinois-Indiana State line, authorized by section 101(a)(12) of the
Water Resources Development Act of 1996 (110 Stat. 3664), is
modified to authorize the Secretary to provide 65 percent of the
cost of the locally preferred plan, as described in the Report of
the Chief of Engineers, dated April 14, 1994, for the construction
of the following segments of the project:
(1) Shoreline revetment at Morgan Shoal.
(2) Shoreline revetment at Promontory Point.
SEC.

8337.

GREAT LAKES AND MISSISSIPPI RIVER INTERBASIN
PROJECT, BRANDON ROAD, WILL COUNTY, ILLINOIS.

(a) IN GENERAL.—Section 402(a)(1) of the Water Resources
Development Act of 2020 (134 Stat. 2742) is amended by striking
‘‘80 percent’’ and inserting ‘‘90 percent’’.
(b) LOCAL COOPERATION REQUIREMENTS.—At the request of the
applicable non-Federal interests for the project for ecosystem restoration, Great Lakes and Mississippi River Interbasin project,
Brandon Road, Will County, Illinois, authorized by section 401(a)(5)
of the Water Resources Development Act of 2020 (134 Stat. 2740),
the Secretary shall not require such non-Federal interests to be
jointly and severally liable for all non-Federal obligations in the
project partnership agreement for the project.
SEC. 8338. SOUTHEAST DES MOINES, SOUTHWEST PLEASANT HILL,
IOWA.

(a) PROJECT MODIFICATIONS.—The project for flood control and
other purposes, Red Rock Dam and Lake, Des Moines River, Iowa
(referred to in this section as the ‘‘Red Rock Dam Project’’), authorized by section 10 of the Act of December 22, 1944 (chapter 665,
58 Stat. 896), and the project for local flood protection, Des Moines
Local Flood Protection, Des Moines River, Iowa (referred to in
this section as ‘‘Flood Protection Project’’), authorized by such section, shall be modified as follows, subject to a new or amended

H. R. 7776—1400
agreement between the Secretary and the non-Federal interest for
the Flood Protection Project, the City of Des Moines, Iowa (referred
to in this section as the ‘‘City’’), in accordance with section 221
of the Flood Control Act of 1970 (42 U.S.C. 1962d–5b):
(1) That portion of the Red Rock Dam Project consisting
of the segment of levee from Station 15+88.8W to Station
77+43.7W shall be transferred to the Flood Protection Project.
(2) The relocated levee improvement constructed by the
City, from Station 77+43.7W to approximately Station 20+00,
shall be included in the Flood Protection Project.
(b) FEDERAL EASEMENT CONVEYANCES.—
(1) IN GENERAL.—The Secretary is authorized to convey
the following easements, acquired by the Federal Government
for the Red Rock Dam Project, to the City to become part
of the Flood Protection Project in accordance with subsection
(a):
(A) Easements identified as Tracts 3215E–1, 3235E,
and 3227E.
(B) Easements identified as Partial Tracts 3216E–2,
3216E–3, 3217E–1, and 3217E–2.
(2) ADDITIONAL CONVEYANCES AUTHORIZED.—After execution of a new or amended agreement pursuant to subsection
(a) and conveyance of the easements under paragraph (1), the
Secretary is authorized to convey the following easements, by
quitclaim deed, without consideration, acquired by the Federal
Government for the Red Rock Dam project, to the City or
to the Des Moines Metropolitan Wastewater Reclamation
Authority and no longer required for the Red Rock Dam Project
or for the Des Moines Local Flood Protection Project:
(A) Easements identified as Tracts 3200E, 3202E–1,
3202E–2, 3202E–4, 3203E–2, 3215E–3, 3216E–1, and
3216E–5.
(B) Easements identified as Partial Tracts 3216E–2,
3216E–3, 3217E–1, and 3217E–2.
(3) EASEMENT DISPOSAL PROCESS AND FEES.—All real property interests conveyed under this subsection shall be subject
to the standard release of easement disposal process. All
administrative fees associated with the transfer of the subject
easements to the City or to the Des Moines Metropolitan Wastewater Reclamation Authority will be borne by the transferee.
SEC. 8339. CITY OF EL DORADO, KANSAS.

(a) IN GENERAL.—The Secretary shall amend the contract
described in subsection (b) between the United States and the
City of El Dorado, Kansas, relating to storage space for water
supply, to change the method of calculation of the interest charges
that began accruing on June 30, 1991, on the investment costs
for the 72,087 acre-feet of future use storage space, from
compounding interest annually to charging simple interest annually
on the principal amount, until—
(1) the City of El Dorado informs the Secretary of the
desire to convert the future use storage space to present use;
and
(2) the principal amount plus the accumulated interest
becomes payable pursuant to the terms of the contract.
(b) CONTRACT DESCRIBED.—The contract referred to in subsection (a) is the contract between the United States and the

H. R. 7776—1401
City of El Dorado, Kansas, for the use by the City of El Dorado
of storage space for water supply in El Dorado Lake, Kansas,
entered into on June 30, 1972, and titled Contract DACW56–72–
C–0220.
SEC. 8340. ALGIERS CANAL LEVEES, LOUISIANA.

(a) IN GENERAL.—In accordance with section 328 of the Water
Resources Development Act of 1999 (113 Stat. 304; 121 Stat. 1129),
the Secretary shall resume operation, maintenance, repair,
rehabilitation, and replacement of the Algiers Canal Levees, Louisiana, at full Federal expense.
(b) TECHNICAL AMENDMENT.—Section 328(c) of the Water
Resources Development Act of 1999 (113 Stat. 304; 121 Stat. 1129)
is amended by inserting ‘‘described in subsection (b)’’ after ‘‘the
project’’.
SEC. 8341. MISSISSIPPI RIVER GULF OUTLET, LOUISIANA.

The Federal share of the cost of the project for ecosystem
restoration, Mississippi River Gulf Outlet, Louisiana, authorized
by section 7013(a)(4) of the Water Resources Development Act of
2007 (121 Stat. 1281), shall be 100 percent.
SEC. 8342. CAMP ELLIS, SACO, MAINE.

(a) IN GENERAL.—The project being carried out under section
111 of the River and Harbor Act of 1968 (33 U.S.C. 426i) for
the mitigation of shore damages attributable to the project for
navigation, Camp Ellis, Saco, Maine, is modified as follows:
(1) The maximum amount of Federal funds that may be
expended for the project shall be $45,000,000.
(2) The project may include Federal participation in periodic nourishment.
(3) For purposes of subsection (b) of section 111 of the
River and Harbor Act of 1968 (33 U.S.C. 426i(b)), the Secretary
shall determine that the navigation works to which the shore
damages are attributable were constructed at Federal expense.
(b) CONFORMING AMENDMENT.—Section 3085 of the Water
Resources Development Act of 2007 (121 Stat. 1129), and the item
relating to such section in the table of contents for such Act,
are repealed.
SEC. 8343. LOWER MISSISSIPPI RIVER COMPREHENSIVE MANAGEMENT
STUDY.

Section 213 of the Water Resources Development Act of 2020
(134 Stat. 2684) is amended by adding at the end the following:
‘‘(j) COST SHARE.—The Federal share of the cost of the comprehensive study carried out under subsection (a), and any feasibility study carried out under subsection (e), shall be 100 percent.’’.
SEC. 8344. UPPER MISSISSIPPI RIVER PROTECTION.

Section 2010 of the Water Resources Reform and Development
Act of 2014 (128 Stat. 1270; 132 Stat. 3812) is amended by adding
at the end the following:
‘‘(f) LIMITATION.—The Secretary shall not recommend
deauthorization of the Upper St. Anthony Falls Lock and Dam
pursuant to the disposition study carried out under subsection
(d) unless the Secretary identifies a willing and capable non-Federal
public entity to assume ownership of the Upper St. Anthony Falls
Lock and Dam.

H. R. 7776—1402
‘‘(g) MODIFICATION.—The Secretary is authorized to investigate
the feasibility of modifying, prior to deauthorizing, the Upper St.
Anthony Falls Lock and Dam to add ecosystem restoration,
including the prevention and control of invasive species, water
supply, and recreation as authorized purposes.’’.
SEC. 8345. UPPER MISSISSIPPI RIVER RESTORATION PROGRAM.

Section 1103(e)(3) of the Water Resources Development Act
of 1986 (33 U.S.C. 652(e)(3)) is amended by striking ‘‘$40,000,000’’
and inserting ‘‘$75,000,000’’.
SEC. 8346. WATER LEVEL MANAGEMENT ON THE UPPER MISSISSIPPI
RIVER AND ILLINOIS WATERWAY.

(a) IN GENERAL.—As part of the operation and maintenance
of the navigation channel projects on the Upper Mississippi River,
including all projects authorized for navigation of the Mississippi
River from the mouth of the Missouri River to Minneapolis, authorized by the first section of the Act of July 3, 1930 (chapter 847,
46 Stat. 927; 49 Stat. 1034; 50 Stat. 848; 59 Stat. 19; 72 Stat.
298; 92 Stat. 1695; 95 Stat. 1634; 100 Stat. 4208; 100 Stat. 4213;
100 Stat. 4228; 102 Stat. 4027; 104 Stat. 4613; 106 Stat. 4806;
106 Stat. 4811; 110 Stat. 3716; 121 Stat. 1283; 128 Stat. 1270;
132 Stat. 3812; 134 Stat. 2704), and as part of the operation
and maintenance of the navigation channel projects on the Illinois
River, Illinois (also called the Illinois Waterway), authorized by
the first section of the Act of January 21, 1927 (chapter 47, 44
Stat. 1013; 46 Stat. 929; 49 Stat. 1035; 49 Stat. 1036; 52 Stat.
805; 59 Stat. 19; 60 Stat. 636; 72 Stat. 302; 82 Stat. 735; 100
Stat. 4208; 106 Stat. 4806; 121 Stat. 1283; 128 Stat. 1351), the
Secretary is authorized to and shall carry out water level management activities to help redress the degrading influences of prolonged
inundation or sedimentation from such projects, and to improve
the quality and quantity of habitat available for fish and wildlife.
(b) CONDITIONS ON DRAWDOWNS.—In carrying out subsection
(a), the Secretary shall carry out routine and systemic water level
drawdowns of the pools created by the locks and dams of the
projects described in subsection (a), including drawdowns during
the growing season, when—
(1) hydrologic conditions allow the Secretary to carry out
a drawdown within applicable dam operating plans; or
(2) hydrologic conditions allow the Secretary to carry out
a drawdown and sufficient funds are available to the Secretary
to carry out any additional activities that may be required
to ensure that the drawdown does not adversely affect navigation.
(c) COORDINATION AND NOTIFICATION.—
(1) COORDINATION.—The Secretary shall use existing
coordination and consultation processes to regularly coordinate
and consult with other relevant Federal agencies and States
regarding the planning and assessment of water level management actions implemented under this section.
(2) NOTIFICATION AND OPPORTUNITY FOR COMMENT.—Prior
to carrying out any activity under this section, the Secretary
shall provide to the public and to navigation interests and
other interested stakeholders notice and an opportunity for
comment on such activity.
(d) REPORT.—Not later than December 31, 2028, the Secretary
shall make publicly available (including on a publicly available

H. R. 7776—1403
website) and submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on
Environment and Public Works of the Senate a report that describes
any activity carried out under this section and the effects of such
activity.
SEC. 8347. MISSISSIPPI DELTA HEADWATERS, MISSISSIPPI.

As part of the authority of the Secretary to carry out the
project for flood damage reduction, bank stabilization, and sediment
and erosion control, Yazoo Basin, Mississippi Delta Headwaters,
Mississippi, authorized pursuant to the matter under the heading
‘‘ENHANCEMENT OF WATER RESOURCE BENEFITS AND FOR EMERGENCY
DISASTER WORK’’ in title I of Public Law 98–8 (97 Stat. 22), the
Secretary may carry out emergency maintenance activities, as the
Secretary determines to be necessary, for features of the project
completed before the date of enactment of this Act.
SEC. 8348. SENSE OF CONGRESS RELATING TO OKATIBBEE LAKE, MISSISSIPPI.

It is the sense of Congress that—
(1) there is significant shoreline sloughing and erosion at
the Okatibbee Lake portion of the project for flood protection,
Chunky Creek, Chickasawhay and Pascagoula Rivers, Mississippi, authorized by section 203 of the Flood Control Act
of 1962 (76 Stat. 1183), which has the potential to impact
infrastructure, damage property, and put lives at risk; and
(2) addressing shoreline sloughing and erosion at a project
of the Secretary, including at a location leased by non-Federal
entities such as Okatibbee Lake, is an activity that is eligible
to be carried out by the Secretary as part of the operation
and maintenance of such project.
SEC. 8349. ARGENTINE, EAST BOTTOMS, FAIRFAX-JERSEY CREEK, AND
NORTH KANSAS LEVEES UNITS, MISSOURI RIVER AND
TRIBUTARIES AT KANSAS CITIES, MISSOURI AND KANSAS.

(a) IN GENERAL.—The project for flood control, Kansas Citys
on Missouri and Kansas Rivers in Missouri and Kansas, authorized
by section 5 of the Act of June 22, 1936 Flood Control Act of
1936 (chapter 688, 49 Stat. 1588; 58 Stat. 897; 121 Stat. 1054)
is modified to direct the Secretary to—
(1) construct access manholes, or other features, in the
Fairfax portion of such project to allow for regular inspection
of project features if the Secretary determines that such work
is—
(A) not required as a result of improper operation
and maintenance of the project by the nonFederal interest;
and
(B) technically feasible and environmentally acceptable; and
(2) plan, design, and carry out the construction described
in paragraph (1) as a continuation of the construction of such
project.
(b) COST SHARING.—The Federal share of the cost of planning,
design, and construction of access manholes or other features under
this section shall be 90 percent.

H. R. 7776—1404
SEC. 8350. LOWER MISSOURI RIVER STREAMBANK EROSION CONTROL
EVALUATION AND DEMONSTRATION PROJECTS.

(a) IN GENERAL.—The Secretary is authorized to carry out
streambank erosion control evaluation and demonstration projects
in the Lower Missouri River through contracts with non-Federal
interests, including projects for streambank protection and stabilization.
(b) AREA.—The Secretary shall carry out demonstration projects
under this section on the reach of the Missouri River between
Sioux City, Iowa, and the confluence of the Missouri River and
the Mississippi River.
(c) REQUIREMENTS.—In carrying out subsection (a), the Secretary shall—
(1) conduct an evaluation of the extent of streambank erosion on the Lower Missouri River; and
(2) develop new methods and techniques for streambank
protection, research soil stability, and identify the causes of
erosion.
(d) REPORT.—Not later than 1 year after the date of enactment
of this Act, the Secretary shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives
and the Committee on Environment and Public Works of the Senate
a report describing the results of the demonstration projects carried
out under this section, including any recommendations for methods
to prevent and correct streambank erosion.
(e) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to carry out this section $15,000,000, to remain
available until expended.
(f) SUNSET.—The authority of the Secretary to enter into contracts under subsection (a) shall expire on the date that is 5 years
after the date of enactment of this Act.
SEC. 8351. MISSOURI RIVER INTERCEPTION-REARING COMPLEXES.

(a) IN GENERAL.—Notwithstanding section 129 of the Water
Resources Development Act of 2020 (134 Stat. 2643), and subject
to subsection (b), the Secretary is authorized to carry out the
construction of an interception-rearing complex at each of Plowboy
Bend A (River Mile: 174.5 to 173.2) and Pelican Bend B (River
Mile: 15.8 to 13.4) on the Missouri River.
(b) ANALYSIS AND MITIGATION OF RISK.—
(1) ANALYSIS.—Prior to construction of the interceptionrearing complexes under subsection (a), the Secretary shall
perform an analysis to identify whether the interception-rearing
complexes will—
(A) contribute to an increased risk of flooding to adjacent lands and properties, including local levees;
(B) affect the navigation channel, including crossflows,
velocity, channel depth, and channel width;
(C) affect the harvesting of sand;
(D) affect ports and harbors; or
(E) contribute to bank erosion on adjacent private
lands.
(2) MITIGATION.—The Secretary may not construct an interception-rearing complex under subsection (a) until the Secretary
successfully mitigates any effects described in paragraph (1)
with respect to such interception-rearing complex.

H. R. 7776—1405
(c) REPORT.—Not later than 1 year after completion of the
construction of the interception-rearing complexes under subsection
(a), the Secretary shall submit to the Committee on Transportation
and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report
describing the extent to which the construction of such interceptionrearing complexes affected the population recovery of pallid sturgeon in the Missouri River.
(d) CONFORMING AMENDMENT.—Section 129(b) of the Water
Resources Development Act of 2020 (134 Stat. 2643) is amended
by redesignating paragraphs (2) and (3) as paragraphs (3) and
(4), respectively, and inserting after paragraph (1) the following:
‘‘(2) submits the report required by section 318(c) of the
Water Resources Development Act of 2022;’’.
SEC. 8352. MISSOURI RIVER MITIGATION PROJECT, MISSOURI, KANSAS,
IOWA, AND NEBRASKA.

(a) USE OF OTHER FUNDS.—
(1) IN GENERAL.—Section 334 of the Water Resources
Development Act of 1999 (113 Stat. 306) is amended by adding
at the end the following:
‘‘(c) USE OF OTHER FUNDS.—
‘‘(1) IN GENERAL.—The Secretary shall consult with other
Federal agencies to determine if lands or interests in lands
acquired by such other Federal agencies—
‘‘(A) meet the purposes of the Missouri River Mitigation
Project, Missouri, Kansas, Iowa, and Nebraska, authorized
by section 601(a) of the Water Resources Development Act
of 1986 (100 Stat. 4143; 113 Stat. 306; 121 Stat. 1155);
and
‘‘(B) whether such lands are restricted by such other
Federal agencies from being applied toward the total
number of acres required under subsection (a).
‘‘(2) APPLICATION OF LANDS.—Upon making a determination
under paragraph (1) that lands or interests in lands acquired
by a Federal agency meet the purposes of the project described
in paragraph (1)(A) and that such lands are not otherwise
restricted, the Secretary shall apply the lands or interests
in lands acquired toward the total number of acres required
under subsection (a), regardless of the source of the Federal
funds used to acquire such lands or interests in lands.
‘‘(3) SAVINGS PROVISION.—Nothing in this subsection
authorizes any transfer of administrative jurisdiction over any
lands or interests in lands acquired by a Federal agency that
are applied toward the total number of acres required under
subsection (a) pursuant to this subsection.’’.
(2) REPORT REQUIRED.—
(A) IN GENERAL.—Not later than 180 days after the
enactment of this Act, the Secretary shall submit to the
Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Environment and Public Works of the Senate a report identifying
the lands or interests in lands acquired with Federal funds
that the Secretary determines, pursuant to section 344(c)(1)
of the Water Resources Development Act of 1999, meet
the purposes of the Missouri River Mitigation Project, Missouri, Kansas, Iowa, and Nebraska, authorized by section

H. R. 7776—1406
601(a) of the Water Resources Development Act of 1986
(100 Stat. 4143; 113 Stat. 306; 121 Stat. 1155).
(B) CONTENTS.—The Secretary shall include in the
report submitted under subparagraph (A) a justification
for any lands or interests in lands acquired with Federal
funding that the Secretary determines will not be applied
toward the total number of acres required under section
334(a) of the Water Resources Development Act of 1999
(113 Stat. 306).
(b) FLOOD RISK MANAGEMENT BENEFITS.—The project for mitigation of fish and wildlife losses, Missouri River Bank Stabilization
and Navigation Project, Missouri, Kansas, Iowa, and Nebraska,
authorized by section 601(a) of the Water Resources Development
Act of 1986 (100 Stat. 4143; 113 Stat. 306; 121 Stat. 1155), is
modified to authorize the Secretary to consider incidental flood
risk management benefits when acquiring land for the project.
SEC. 8353. NORTHERN MISSOURI.

(a) ESTABLISHMENT OF PROGRAM.—The Secretary may establish
a program to provide environmental assistance to non-Federal
interests in northern Missouri.
(b) FORM OF ASSISTANCE.—Assistance provided under this section may be in the form of design and construction assistance
for water-related environmental infrastructure and resource protection and development projects in northern Missouri, including
projects for wastewater treatment and related facilities, water
supply and related facilities, environmental restoration, and surface
water resource protection and development.
(c) OWNERSHIP REQUIREMENT.—The Secretary may provide
assistance for a project under this section only if the project is
publicly owned.
(d) PARTNERSHIP AGREEMENTS.—
(1) IN GENERAL.—Before providing assistance under this
section to a non-Federal interest, the Secretary shall enter
into a partnership agreement under section 221 of the Flood
Control Act of 1970 (42 U.S.C. 1962d–5b) with the non-Federal
interest with respect to the project to be carried out with
such assistance.
(2) REQUIREMENTS.—Each partnership agreement for a
project entered into under this subsection shall provide for
the following:
(A) Development by the Secretary, in consultation with
appropriate Federal and State officials, of a facilities or
resource protection and development plan, including appropriate engineering plans and specifications.
(B) Establishment of such legal and institutional structures as are necessary to ensure the effective long-term
operation of the project by the non-Federal interest.
(3) COST SHARING.—
(A) IN GENERAL.—The Federal share of the cost of
a project carried out under this section—
(i) shall be 75 percent; and
(ii) may be provided in the form of grants or
reimbursements of project costs.
(B) CREDIT FOR INTEREST.—In case of a delay in the
funding of the Federal share of a project that is the subject
of a partnership agreement under this section, the non-

H. R. 7776—1407
Federal interest shall receive credit for reasonable interest
incurred in providing the non-Federal share of the project
cost.
(C) CREDIT FOR LAND, EASEMENTS, AND RIGHTS-OFWAY.—Notwithstanding section 221(a)(4)(G) of the Flood
Control Act of 1970 (42 U.S.C. 1962d–5b(a)(4)(G)), the nonFederal interest shall receive credit for land, easements,
rights-of-way, and relocations toward the non-Federal share
of project cost (including all reasonable costs associated
with obtaining permits necessary for the construction, operation, and maintenance of the project on publicly owned
or controlled land), but such credit may not exceed 25
percent of total project costs.
(D) OPERATION AND MAINTENANCE.—The non-Federal
share of operation and maintenance costs for projects constructed with assistance provided under this section shall
be 100 percent.
(e) AUTHORIZATION OF APPROPRIATIONS.—
(1) IN GENERAL.—There is authorized to be appropriated
$50,000,000 to carry out this section.
(2) CORPS OF ENGINEERS EXPENSES.—Not more than 10
percent of the amounts made available to carry out this section
may be used by the Corps of Engineers district offices to administer projects under this section at Federal expense.
(f) NORTHERN MISSOURI DEFINED.—In this section, the term
‘‘northern Missouri’’ means the counties of Buchanan, Marion,
Platte, and Clay, Missouri.
SEC. 8354. ISRAEL RIVER, LANCASTER, NEW HAMPSHIRE.

The project for flood control, Israel River, Lancaster, New
Hampshire, carried out under section 205 of the Flood Control
Act of 1948 (33 U.S.C. 701s), is no longer authorized beginning
on the date of enactment of this Act.
SEC. 8355. MIDDLE RIO GRANDE FLOOD PROTECTION, BERNALILLO
TO BELEN, NEW MEXICO.

The non-Federal share of the cost of the project for flood risk
management, Middle Rio Grande, Bernalillo to Belen, New Mexico,
authorized by section 401(2) of the Water Resources Development
Act of 2020 (134 Stat. 2735), shall be 25 percent.
SEC. 8356. ECOSYSTEM RESTORATION, HUDSON–RARITAN ESTUARY,
NEW YORK AND NEW JERSEY.

(a) IN GENERAL.—The Secretary may carry out additional feasibility studies for the project ecosystem restoration, Hudson–Raritan
Estuary, New York and New Jersey, authorized by section 401(5)
of the Water Resources Development Act of 2020 (134 Stat. 2739),
including an examination of measures and alternatives at Baisley
Pond Park and the Richmond Terrace Wetlands.
(b) TREATMENT.—A feasibility study carried out under subsection (a) shall be considered a continuation of the study that
formulated the project for ecosystem restoration, Hudson–Raritan
Estuary, New York and New Jersey, authorized by section 401(5)
of the Water Resources Development Act of 2020 (134 Stat. 2740).

H. R. 7776—1408
SEC. 8357. ARKANSAS RIVER CORRIDOR, OKLAHOMA.

Section 3132 of the Water Resources Development Act of 2007
(121 Stat. 1141) is amended by striking subsection (b) and inserting
the following:
‘‘(b) AUTHORIZED COST.—The Secretary is authorized to carry
out construction of projects under this section at a total cost of
$128,400,000, with the cost shared in accordance with section 103
of the Water Resources Development Act of 1986 (33 U.S.C. 2213).
‘‘(c) ADDITIONAL FEASIBILITY STUDIES AUTHORIZED.—
‘‘(1) IN GENERAL.—The Secretary is authorized to carry
out feasibility studies for purposes of recommending to the
Committee on Environment and Public Works of the Senate
and the Committee on Transportation and Infrastructure of
the House of Representatives additional projects under this
section.
‘‘(2) TREATMENT.—An additional feasibility study carried
out under this subsection shall be considered a continuation
of the feasibility study that formulated any project carried
out under subsection (a).’’.
SEC. 8358. COPAN LAKE, OKLAHOMA.

(a) IN GENERAL.—The Secretary shall amend the contract
described in subsection (c) between the United States and the
Copan Public Works Authority, relating to the use of storage space
for water supply in Copan Lake, Oklahoma, to—
(1) release to the United States all rights of the Copan
Public Works Authority to utilize 4,750 acre-feet of future use
water storage space; and
(2) relieve the Copan Public Works Authority from all
financial obligations, to include the initial project investment
costs and the accumulated interest on unpaid project investment costs, for the volume of water storage space described
in paragraph (1).
(b) REQUIREMENT.—During the 2-year period beginning on the
effective date of the contract amendment under subsection (a),
the Secretary shall—
(1) provide the City of Bartlesville, Oklahoma, with the
right of first refusal to contract for the utilization of storage
space for water supply for any portion of the storage space
that was released by the Authority under subsection (a); and
(2) ensure that the City of Bartlesville, Oklahoma, shall
not pay more than 110 percent of the initial project investment
cost per acre-foot of storage for the acre-feet of storage space
sought under an agreement under paragraph (1).
(c) CONTRACT DESCRIBED.—The contract referred to in subsection (a) is the contract between the United States and the
Copan Public Works Authority for the use of storage space for
water supply in Copan Lake, Oklahoma, entered into on June
22, 1981, and titled Contract DACW56–81–C–0114.
SEC. 8359. SOUTHWESTERN OREGON.

(a) ESTABLISHMENT OF PROGRAM.—The Secretary may establish
a program to provide environmental assistance to non-Federal
interests in southwestern Oregon.
(b) FORM OF ASSISTANCE.—Assistance provided under this section may be in the form of design and construction assistance

H. R. 7776—1409
for water-related environmental infrastructure and resource protection and development projects in southwestern Oregon, including
projects for wastewater treatment and related facilities, water
supply and related facilities, environmental restoration, and surface
water resource protection and development.
(c) OWNERSHIP REQUIREMENT.—The Secretary may provide
assistance for a project under this section only if the project is
publicly owned.
(d) PARTNERSHIP AGREEMENTS.—
(1) IN GENERAL.—Before providing assistance under this
section to a non-Federal interest, the Secretary shall enter
into a partnership agreement under section 221 of the Flood
Control Act of 1970 (42 U.S.C. 1962d–5b) with the non-Federal
interest with respect to the project to be carried out with
such assistance.
(2) REQUIREMENTS.—Each partnership agreement for a
project entered into under this subsection shall provide for
the following:
(A) Development by the Secretary, in consultation with
appropriate Federal and State officials, of a facilities or
resource protection and development plan, including appropriate engineering plans and specifications.
(B) Establishment of such legal and institutional structures as are necessary to ensure the effective long-term
operation of the project by the non-Federal interest.
(3) COST SHARING.—
(A) IN GENERAL.—The Federal share of the cost of
a project carried out under this section—
(i) shall be 75 percent; and
(ii) may be provided in the form of grants or
reimbursements of project costs.
(B) CREDIT FOR INTEREST.—In case of a delay in the
funding of the Federal share of a project that is the subject
of a partnership agreement under this section, the nonFederal interest shall receive credit for reasonable interest
incurred in providing the non-Federal share of the project
cost.
(C) CREDIT FOR LAND, EASEMENTS, AND RIGHTS-OFWAY.—Notwithstanding section 221(a)(4)(G) of the Flood
Control Act of 1970 (42 U.S.C. 1962d–5b(a)(4)(G)), the nonFederal interest shall receive credit for land, easements,
rights-of-way, and relocations toward the non-Federal share
of project cost (including all reasonable costs associated
with obtaining permits necessary for the construction, operation, and maintenance of the project on publicly owned
or controlled land), but such credit may not exceed 25
percent of total project costs.
(D) OPERATION AND MAINTENANCE.—The non-Federal
share of operation and maintenance costs for projects constructed with assistance provided under this section shall
be 100 percent.
(e) AUTHORIZATION OF APPROPRIATIONS.—
(1) IN GENERAL.—There is authorized to be appropriated
$50,000,000 to carry out this section.
(2) CORPS OF ENGINEERS EXPENSE.—Not more than 10 percent of the amounts made available to carry out this section

H. R. 7776—1410
may be used by the Corps of Engineers district offices to administer projects under this section at Federal expense.
(f) SOUTHWESTERN OREGON DEFINED.—In this section, the term
‘‘southwestern Oregon’’ means the counties of Benton, Coos, Curry,
Douglas, Lane, Linn, and Josephine, Oregon.
SEC. 8360. YAQUINA RIVER, OREGON.

The Secretary shall not require the non-Federal interest for
the project for navigation, Yaquina River, Oregon, authorized by
the first section of the Act of March 4, 1913 (chapter 144, 37
Stat. 819), to—
(1) provide a floating plant to the United States for use
in maintaining the project; or
(2) provide funds in an amount determined by the Secretary
to be equivalent to the value of the floating plant as a nonFederal contribution to the cost of maintaining the project.
SEC. 8361. LOWER BLACKSTONE RIVER, RHODE ISLAND.

The project being carried out under section 206 of the Water
Resources Development Act of 1996 (33 U.S.C. 2330) for ecosystem
restoration, Lower Blackstone River, Rhode Island, is modified as
follows:
(1) The maximum amount of Federal funds that may be
expended for the project shall be $15,000,000.
(2) If the Secretary includes in the project a measure on
Federal land under the jurisdiction of another Federal agency,
the Secretary may enter into an agreement with such agency
that grants permission for the Secretary to—
(A) construct the measure on the land under the jurisdiction of such agency; and
(B) operate and maintain the measure using funds
provided to the Secretary by the non-Federal interest for
the project.
(3) If the Secretary includes in the project a measure for
fish passage at a dam licensed for hydropower, the Secretary
shall include in the project costs all costs for such measure,
except that those costs that are in excess of the costs to provide
fish passage at the dam if hydropower improvements were
not in place shall be at 100 percent non-Federal expense.
SEC. 8362. CHARLESTON HARBOR, SOUTH CAROLINA.

The Secretary shall reimburse the non-Federal interest for
project for navigation, Charleston Harbor, South Carolina, authorized by section 1401(1) of the Water Resources Development Act
of 2016 (130 Stat. 1708), for advanced funds provided by the nonFederal interest for construction of the project that exceed the
non-Federal share of the cost of construction of the project as
soon as practicable after the completion of each individual contract
for the project.
SEC. 8363. COLLETON COUNTY, SOUTH CAROLINA.

Notwithstanding subparagraph (C)(i) of section 221(a)(4) of the
Flood Control Act of 1970 (42 U.S.C. 1962d–5b(a)(4)), the nonFederal interest for the project for hurricane and storm damage
risk reduction, Colleton County, South Carolina, authorized by section 1401(3) of the Water Resources Development Act of 2016 (130
Stat. 1711), may receive credit under subparagraph (A) of such

H. R. 7776—1411
section 221(a)(4) for the cost of construction carried out before
the date of enactment of this Act.
SEC. 8364. ENSLEY LEVEE, TENNESSEE.

(a) IN GENERAL.—Section 353(b)(1) of the Water Resources
Development Act of 2020 (134 Stat. 2721) is amended by striking
‘‘and Nonconnah Creek’’ and inserting ‘‘, Nonconnah Creek, and
Ensley’’.
(b) RESUMPTION OF MAINTENANCE.—The Secretary shall resume
operation and maintenance of Ensley levee system portion of the
project described in the modification made by subsection (a) pursuant to the requirements of section 353(b)(1) of the Water Resources
Development Act of 2020 (134 Stat. 2721).
SEC. 8365. WOLF RIVER HARBOR, TENNESSEE.

Beginning on the date of enactment of this Act, the project
for navigation, Wolf River Harbor, Tennessee, authorized by section
202 of the National Industrial Recovery Act (48 Stat. 201; 49
Stat. 1034; 72 Stat. 308), is modified to reduce, in part, the authorized dimensions of the project, such that the remaining authorized
dimensions are as follows:
(1) A 250-foot-wide, 9-foot-depth channel with a center
line beginning at an approximate point of 35.139634, -90.062343
and extending approximately 1,300 feet to an approximate point
of 35.142077, -90.059107.
(2) A 200-foot-wide, 9-foot-depth channel with a center
line beginning at an approximate point of 35.142077, -90.059107
and extending approximately 1,800 feet to an approximate point
of 35.1467861, -90.057003.
(3) A 250-foot-wide, 9-foot-depth channel with a center
line beginning at an approximate point of 35.1467861,
-90.057003 and extending approximately 5,550 feet to an
approximate point of 35.160848, -90.050566.
SEC. 8366. ADDICKS AND BARKER RESERVOIRS, TEXAS.

The Secretary is authorized to provide, pursuant to section
206 of the Flood Control Act of 1960 (33 U.S.C. 709a), information
and advice to non-Federal interests on the removal of sediment
obstructing inflow channels to the Addicks and Barker Reservoirs,
authorized pursuant to the project for Buffalo Bayou and its tributaries, Texas, under section 3a of the Act of August 11, 1939
(chapter 699, 53 Stat. 1414; 68 Stat. 1258).
SEC. 8367. NORTH PADRE ISLAND, CORPUS CHRISTI BAY, TEXAS.

The project for ecosystem restoration, North Padre Island, Corpus Christi Bay, Texas, authorized under section 556 of the Water
Resources Development Act of 1999 (113 Stat. 353), shall not be
eligible for repair and restoration assistance under section 5(a)
of the Act of August 18, 1941 (33 U.S.C. 701n(a)).
SEC. 8368. NUECES COUNTY, TEXAS.

(a) IN GENERAL.—Upon receipt of a written request from the
owner of land subject to a covered easement, the Secretary shall,
without consideration, release or otherwise convey the covered easement to the holder of such easement, if the Secretary determines
that the covered easement is no longer required for purposes of
navigation.

H. R. 7776—1412
(b) SURVEY TO OBTAIN LEGAL DESCRIPTION.—The exact acreage
and legal description of any covered easements to be released or
otherwise conveyed under this section shall be determined by a
survey that is satisfactory to the Secretary.
(c) COSTS.—An entity to which a release or conveyance is made
under this section shall be responsible for all reasonable and necessary costs, including real estate transaction and environmental
documentation costs, associated with the release or conveyance.
(d) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may
require that the release or conveyance of a covered easement under
this section be subject to such additional terms and conditions
as the Secretary determines necessary and appropriate to protect
the interests of the United States.
(e) DEFINITION OF COVERED EASEMENT.—In this subsection,
the term ‘‘covered easement’’ means an easement held by the United
States for purposes of navigation in Nueces County, Texas.
SEC. 8369. LAKE CHAMPLAIN CANAL, VERMONT AND NEW YORK.

Section 5146 of the Water Resources Development Act of 2007
(121 Stat. 1255) is amended by adding at the end the following:
‘‘(c) CLARIFICATIONS.—
‘‘(1) IN GENERAL.—At the request of the non-Federal
interest for the study of the Lake Champlain Canal Aquatic
Invasive Species Barrier carried out under section 542 of the
Water Resources Development Act of 2000 (114 Stat. 2671;
121 Stat. 1150; 134 Stat. 2652), the Secretary shall scope the
phase II portion of such study to satisfy the feasibility determination under subsection (a).
‘‘(2) DISPERSAL BARRIER.—A dispersal barrier constructed,
maintained, or operated under this section may include—
‘‘(A) physical hydrologic separation;
‘‘(B) nonstructural measures;
‘‘(C) deployment of technologies; and
‘‘(D) buffer zones.’’.
SEC. 8370. REHABILITATION OF CORPS OF ENGINEERS CONSTRUCTED
DAMS.

Section 1177 of the Water Resources Development Act of 2016
(33 U.S.C. 467f–2 note) is amended by adding at the end the
following:
‘‘(g) SPECIAL RULE.—Notwithstanding subsection (c), the nonFederal share of the cost of the project for rehabilitation of Waterbury Dam, Washington County, Vermont, under this section,
including the cost of any required study, shall be the same share
assigned to the non-Federal interest for the cost of initial construction of the Waterbury Dam.’’.
SEC. 8371. PUGET SOUND NEARSHORE ECOSYSTEM RESTORATION,
WASHINGTON.

In carrying out the project for ecosystem restoration, Puget
Sound, Washington, authorized by section 1401(4) of the Water
Resources Development Act of 2016 (130 Stat. 1713), the Secretary
shall consider the removal and replacement of the Highway 101
causeway and bridges at the Duckabush River Estuary site to
be a project feature the costs of which are shared as construction.

H. R. 7776—1413
SEC. 8372. LOWER MUD RIVER, MILTON, WEST VIRGINIA.

(a) IN GENERAL.—The Federal share of the cost of the project
for flood control, Milton, West Virginia, authorized by section 580
of the Water Resources Development Act of 1996 (110 Stat. 3790;
114 Stat. 2612; 121 Stat. 1154), shall be 90 percent.
(b) LAND, EASEMENTS, AND RIGHTS-OF-WAY.—For the project
described in subsection (a), the Secretary shall include in the cost
of the project, and credit toward the non-Federal share of that
cost, the value of land, easements, and rights-of-way provided by
the non-Federal interest for the project, including the value of
land, easements, and rights-of-way required for the project that
are owned or held by the non-Federal interest or other non-Federal
public body.
(c) ADDITIONAL ELIGIBILITY.—Unless otherwise explicitly
prohibited in an Act making appropriations for the Corps of Engineers, the project described in subsection (a) shall be eligible for
additional funding appropriated and deposited into the ‘‘CORPS OF
ENGINEERS—CIVIL—CONSTRUCTION’’ account—
(1) without a new investment decision; and
(2) on the same terms as a project that is not the project
described in subsection (a).
SEC. 8373. NORTHERN WEST VIRGINIA.

(a) IN GENERAL.—Section 571 of the Water Resources Development Act of 1999 (113 Stat. 371; 121 Stat. 1257; 134 Stat. 2719)
is amended—
(1) in the section heading, by striking ‘‘CENTRAL’’ and
inserting ‘‘NORTHERN’’;
(2) by striking subsection (a) and inserting the following:
‘‘(a) DEFINITION OF NORTHERN WEST VIRGINIA.—In this section,
the term ‘northern West Virginia’ means the counties of Barbour,
Berkeley, Brooke, Doddridge, Grant, Hampshire, Hancock, Hardy,
Harrison, Jefferson, Lewis, Marion, Marshall, Mineral, Morgan,
Monongalia, Ohio, Pleasants, Preston, Randolph, Ritchie, Taylor,
Tucker, Tyler, Upshur, Wetzel, and Wood, West Virginia.’’;
(3) in subsection (b), by striking ‘‘central’’ and inserting
‘‘northern’’;
(4) in subsection (c), by striking ‘‘central’’ and inserting
‘‘northern’’; and
(5) in subsection (h), by striking ‘‘$100,000,000’’ and
inserting ‘‘$120,000,000’’.
(b) CLERICAL AMENDMENT.—The table of contents in section
1(b) of the Water Resources Development Act of 1999 (113 Stat.
269) is amended by striking the item relating to section 571 and
inserting the following:
‘‘Sec. 571. Northern West Virginia.’’.
SEC. 8374. SOUTHERN WEST VIRGINIA.

(a) IN GENERAL.—Section 340 of the Water Resources Development Act of 1992 (106 Stat. 4856) is amended—
(1) in the section heading, by striking ‘‘ENVIRONMENTAL
RESTORATION INFRASTRUCTURE AND RESOURCE PROTECTION
DEVELOPMENT PILOT PROGRAM’’;

(2) by striking subsection (f) and inserting the following:
‘‘(f) DEFINITION OF SOUTHERN WEST VIRGINIA.—In this section,
the term ‘southern West Virginia’ means the counties of Boone,

H. R. 7776—1414
Braxton, Cabell, Calhoun, Clay, Fayette, Gilmer, Greenbrier, Jackson, Kanawha, Lincoln, Logan, Mason, McDowell, Mercer, Mingo,
Monroe, Nicholas, Pendleton, Pocahontas, Putnam, Raleigh, Roane,
Summers, Wayne, Webster, Wirt, and Wyoming, West Virginia.’’;
and
(3) in subsection (g), by striking ‘‘$120,000,000’’ and
inserting ‘‘$140,000,000’’.
(b) CLERICAL AMENDMENT.—The table of contents in section
1(b) of the Water Resources Development Act of 1992 (106 Stat.
4797) is amended by striking the item relating to section 340
and inserting the following:
‘‘Sec. 340. Southern West Virginia.’’.
SEC. 8375. ENVIRONMENTAL INFRASTRUCTURE.

(a) NEW PROJECTS.—Section 219(f) of the Water Resources
Development Act of 1992 (106 Stat. 4835; 113 Stat. 336; 121 Stat.
1258) is amended by adding at the end the following:
‘‘(274) ALABAMA.—$50,000,000 for water, wastewater, and
other environmental infrastructure in Alabama.
‘‘(275) CHANDLER, ARIZONA.—$18,750,000 for water and
wastewater infrastructure in the city of Chandler, Arizona.
‘‘(276) PINAL COUNTY, ARIZONA.—$40,000,000 for water and
wastewater infrastructure in Pinal County, Arizona.
‘‘(277) TEMPE, ARIZONA.—$37,500,000 for water and wastewater infrastructure, including water reclamation and groundwater recharge, for the City of Tempe, Arizona.
‘‘(278) ALAMEDA COUNTY, CALIFORNIA.—$20,000,000 for
environmental infrastructure, in Alameda County, California.
‘‘(279) BELL GARDENS, CALIFORNIA.—$12,500,000 for water
and wastewater infrastructure, including water recycling and
water supply, in the city of Bell Gardens, California.
‘‘(280) CALIMESA, CALIFORNIA.—$3,500,000 for stormwater
management and water supply infrastructure, including
groundwater recharge and water recycling, in the city of
Calimesa, California.
‘‘(281) COMPTON CREEK, CALIFORNIA.—$6,165,000 for
stormwater management infrastructure in the vicinity of
Compton Creek, city of Compton, California.
‘‘(282) DOWNEY, CALIFORNIA.—$100,000,000 for water infrastructure, including water supply, in the city of Downey, California.
‘‘(283) EAST COUNTY, SAN DIEGO COUNTY, CALIFORNIA.—
$70,000,000 for water and wastewater infrastructure, including
water recycling and water supply, in East County, San Diego
County, California.
‘‘(284) EASTERN LOS ANGELES COUNTY, CALIFORNIA.—
$25,000,000 for the planning, design, and construction of water
and wastewater infrastructure, including water recycling and
water supply, for the cities of Azusa, Baldwin Park, Covina,
Duarte, El Monte, Glendora, Industry, Irwindale, La Puente,
La Verne, Monrovia, San Dimas, and West Covina, and for
Avocado Heights, Bassett, and Valinda, California.
‘‘(285) ESCONDIDO CREEK, CALIFORNIA.—$34,000,000 for
water and wastewater infrastructure, including stormwater
management, in the vicinity of Escondido Creek, city of Escondido, California.

H. R. 7776—1415
‘‘(286) FONTANA, CALIFORNIA.—$16,000,000 for stormwater
management infrastructure in the city of Fontana, California.
‘‘(287) HEALDSBURG, CALIFORNIA.—$23,500,000 for water
and wastewater infrastructure, including water recycling and
water supply, in the city of Healdsburg, California.
‘‘(288) INLAND EMPIRE, CALIFORNIA.—$60,000,000 for water
and wastewater infrastructure, including water supply, in
Riverside County and San Bernardino County, California.
‘‘(289) LOMITA, CALIFORNIA.—$4,716,600 for stormwater
management infrastructure in the city of Lomita, California.
‘‘(290) MARIN COUNTY, CALIFORNIA.—$28,000,000 for water
and wastewater infrastructure, including water supply, in
Marin County, California.
‘‘(291) MAYWOOD, CALIFORNIA.—$10,000,000 for wastewater
infrastructure in the city of Maywood, California.
‘‘(292) MONTEREY PENINSULA, CALIFORNIA.—$20,000,000 for
water and wastewater infrastructure, and water supply, on
the Monterey Peninsula, California.
‘‘(293) NORTH RICHMOND, CALIFORNIA.—$45,000,000 for
water and wastewater infrastructure, including coastal flooding
resilience measures for such infrastructure, in North Richmond,
California.
‘‘(294) ONTARIO, CALIFORNIA.—$40,700,000 for water and
wastewater infrastructure, including water recycling and water
supply, in the city of Ontario, California.
‘‘(295) PARAMOUNT, CALIFORNIA.—$20,000,000 for water
and wastewater infrastructure, including stormwater management, in the city of Paramount, California.
‘‘(296) PETALUMA, CALIFORNIA.—$13,700,000 for water and
wastewater infrastructure, including water recycling, in the
city of Petaluma, California.
‘‘(297) PLACER COUNTY, CALIFORNIA.—$21,000,000 for
environmental infrastructure, in Placer County, California.
‘‘(298) RIALTO, CALIFORNIA.—$27,500,000 for wastewater
infrastructure in the city of Rialto, California.
‘‘(299) RINCON RESERVATION, CALIFORNIA.—$38,000,000 for
water and wastewater infrastructure on the Rincon Band of
Luisen˜o Indians reservation, California.
‘‘(300) SACRAMENTO-SAN JOAQUIN DELTA, CALIFORNIA.—
$50,000,000 for water and wastewater infrastructure (including
stormwater management), water supply and related facilities,
environmental restoration, and surface water protection and
development, including flooding resilience measures for such
infrastructure, in Contra Costa County, San Joaquin County,
Solano County, Sacramento County, and Yolo County, California.
‘‘(301) SAN JOAQUIN AND STANISLAUS, CALIFORNIA.—
$200,000,000 for water and wastewater infrastructure,
including stormwater management, and water supply, in San
Joaquin County and Stanislaus County, California.
‘‘(302) SANTA ROSA, CALIFORNIA.—$19,400,000 for water and
wastewater infrastructure, in the city of Santa Rosa California.
‘‘(303) SIERRA MADRE, CALIFORNIA.—$20,000,000 for water
and wastewater infrastructure, and water supply, including
earthquake resilience measures for such infrastructure and
water supply, in the city of Sierra Madre, California.

H. R. 7776—1416
‘‘(304) SMITH RIVER, CALIFORNIA.—$25,000,000 for wastewater infrastructure in Howonquet Village and Resort and
Tolowa Dee-ni’ Nation, Smith River, California.
‘‘(305) SOUTH SAN FRANCISCO, CALIFORNIA.—$270,000,000
for water and wastewater infrastructure, including stormwater
management and water recycling, at the San Francisco International Airport, California.
‘‘(306) TEMECULA, CALIFORNIA.—$18,000,000 for environmental infrastructure, in the city of Temecula, California.
‘‘(307) TORRANCE, CALIFORNIA.—$100,000,000 for water and
wastewater infrastructure, including groundwater recharge and
water supply, in the city of Torrance, California.
‘‘(308) WESTERN CONTRA COSTA COUNTY, CALIFORNIA.—
$15,000,000 for wastewater infrastructure in the cities of
Pinole, San Pablo, and Richmond, and in El Sobrante, California.
‘‘(309) YOLO COUNTY, CALIFORNIA.—$6,000,000 for environmental infrastructure, in Yolo County, California.
‘‘(310) HEBRON, CONNECTICUT.—$3,700,000 for water and
wastewater infrastructure in the town of Hebron, Connecticut.
‘‘(311) NEW LONDON, CONNECTICUT.—$16,000,000 for wastewater infrastructure in the town of Bozrah and the City of
Norwich, Connecticut.
‘‘(312) WINDHAM, CONNECTICUT.—$18,000,000 for water and
wastewater infrastructure in the town of Windham, Connecticut.
‘‘(313) KENT, DELAWARE.—$35,000,000 for water and wastewater infrastructure, including stormwater management, water
storage and treatment systems, and environmental restoration,
in Kent County, Delaware.
‘‘(314) NEW CASTLE, DELAWARE.—$35,000,000 for water and
wastewater infrastructure, including stormwater management,
water storage and treatment systems, and environmental restoration, in New Castle County, Delaware.
‘‘(315) SUSSEX, DELAWARE.—$35,000,000 for water and
wastewater infrastructure, including stormwater management,
water storage and treatment systems, and environmental restoration, in Sussex County, Delaware.
‘‘(316) WASHINGTON, DISTRICT OF COLUMBIA.—$1,000,000
for water and wastewater infrastructure, including stormwater
management, in Washington, District of Columbia.
‘‘(317) LONGBOAT KEY, FLORIDA.—$12,750,000 for water and
wastewater infrastructure in the town of Longboat Key, Florida.
‘‘(318) MARTIN, ST. LUCIE, AND PALM BEACH COUNTIES,
FLORIDA.—$100,000,000 for water and wastewater infrastructure, including stormwater management, to improve water
quality in the St. Lucie River, Indian River Lagoon, and Lake
Worth Lagoon in Martin County, St. Lucie County, and Palm
Beach County, Florida.
‘‘(319) POLK COUNTY, FLORIDA.—$10,000,000 for wastewater
infrastructure, including stormwater management, in Polk
County, Florida.
‘‘(320) OKEECHOBEE COUNTY, FLORIDA.—$20,000,000 for
wastewater infrastructure in Okeechobee County, Florida.
‘‘(321) ORANGE COUNTY, FLORIDA.—$50,000,000 for water
and wastewater infrastructure, including water reclamation
and water supply, in Orange County, Florida.

H. R. 7776—1417
‘‘(322) GEORGIA.—$75,000,000 for environmental infrastructure in Baldwin County, Bartow County, Floyd County,
Haralson County, Jones County, Gilmer County, Towns County,
Warren County, Lamar County, Lowndes County, Troup
County, Madison County, Toombs County, Dade County,
Bulloch County, Gordon County, Walker County, Dooly County,
Butts County, Clarke County, Crisp County, Newton County,
Bibb County, Baker County, Barrow County, Oglethorpe
County, Peach County, Brooks County, Carroll County, Worth
County, Jenkins County, Wheeler County, Calhoun County,
Randolph County, Wilcox County, Stewart County, Telfair
County, Clinch County, Hancock County, Ben Hill County,
Jeff Davis County, Chattooga County, Lanier County, Brantley
County, Charlton County, Tattnall County, Emanuel County,
Mitchell County, Turner County, Bacon County, Terrell County,
Macon County, Ware County, Bleckley County, Colquitt County,
Washington County, Berrien County, Coffee County, Pulaski
County, Cook County, Atkinson County, Candler County,
Taliaferro County, Evans County, Johnson County, Irwin
County, Dodge County, Jefferson County, Appling County,
Taylor County, Wayne County, Clayton County, Decatur
County, Schley County, Sumter County, Early County, Webster
County, Clay County, Upson County, Long County, Twiggs
County, Dougherty County, Quitman County, Meriwether
County, Stephens County, Wilkinson County, Murray County,
Wilkes County, Elbert County, McDuffie County, Heard County,
Marion County, Talbot County, Laurens County, Montgomery
County, Echols County, Pierce County, Richmond County, Chattahoochee County, Screven County, Habersham County, Lincoln
County, Burke County, Liberty County, Tift County, Polk
County, Glascock County, Grady County, Jasper County, Banks
County, Franklin County, Whitfield County, Treutlen County,
Crawford County, and Hart County, Georgia.
‘‘(323) GUAM.—$10,000,000 for water and wastewater infrastructure in Guam.
‘‘(324) STATE OF HAWAII.—$75,000,000 for water and wastewater infrastructure (including urban stormwater conveyance),
resource protection and development, water supply, environmental restoration, and surface water protection and development, in the State of Hawaii.
‘‘(325) COUNTY OF HAWAI‘I, HAWAII.—$20,000,000 for water
and wastewater infrastructure, including stormwater management, in the County of Hawai‘i, Hawaii.
‘‘(326) HONOLULU, HAWAII.—$20,000,000 for water and
wastewater infrastructure, including stormwater management,
in the City and County of Honolulu, Hawaii.
‘‘(327) KAUA‘I, HAWAII.—$20,000,000 for water and wastewater infrastructure, including stormwater management, in the
County of Kaua‘i, Hawaii.
‘‘(328) MAUI, HAWAII.—$20,000,000 for water and wastewater infrastructure, including stormwater management, in the
County of Maui, Hawaii.
‘‘(329) DIXMOOR, ILLINOIS.—$15,000,000 for water and
water supply infrastructure in the village of Dixmoor, Illinois.
‘‘(330) FOREST PARK, ILLINOIS.—$10,000,000 for wastewater
infrastructure, including stormwater management, in the village of Forest Park, Illinois.

H. R. 7776—1418
‘‘(331) LEMONT, ILLINOIS.—$3,135,000 for water infrastructure in the village of Lemont, Illinois.
‘‘(332) LOCKPORT, ILLINOIS.—$6,550,000 for wastewater
infrastructure, including stormwater management, in the city
of Lockport, Illinois.
‘‘(333) MONTGOMERY AND CHRISTIAN COUNTIES, ILLINOIS.—
$30,000,000 for water and wastewater infrastructure, including
water supply, in Montgomery County and Christian County,
Illinois.
‘‘(334) WILL COUNTY, ILLINOIS.—$30,000,000 for water and
wastewater infrastructure, including stormwater management,
in Will County, Illinois.
‘‘(335) ORLEANS PARISH, LOUISIANA.—$100,000,000 for
water and wastewater infrastructure in Orleans Parish, Louisiana.
‘‘(336) FITCHBURG, MASSACHUSETTS.—$20,000,000 for water
and wastewater infrastructure, including stormwater management (including combined sewer overflows), in the city of Fitchburg, Massachusetts.
‘‘(337) HAVERHILL, MASSACHUSETTS.—$20,000,000 for water
and wastewater infrastructure, including stormwater management (including combined sewer overflows), in the city of Haverhill, Massachusetts.
‘‘(338) LAWRENCE, MASSACHUSETTS.—$20,000,000 for water
and wastewater infrastructure, including stormwater management (including combined sewer overflows), in the city of Lawrence, Massachusetts.
‘‘(339) LOWELL, MASSACHUSETTS.—$20,000,000 for water
and wastewater infrastructure, including stormwater management (including combined sewer overflows), in the city of
Lowell, Massachusetts.
‘‘(340) METHUEN, MASSACHUSETTS.—$20,000,000 for water
and wastewater infrastructure, including stormwater management (including combined sewer overflows), in the city of
Methuen, Massachusetts.
‘‘(341) MARYLAND.—$100,000,000 for water, wastewater,
and other environmental infrastructure, Maryland.
‘‘(342) BOONSBORO, MARYLAND.—$5,000,000 for water infrastructure, including water supply, in the town of Boonsboro,
Maryland.
‘‘(343) BRUNSWICK, MARYLAND.—$15,000,000 for water and
wastewater infrastructure in the city of Brunswick, Maryland.
‘‘(344) CASCADE CHARTER TOWNSHIP, MICHIGAN.—$7,200,000
for water and wastewater infrastructure in Cascade Charter
Township, Michigan.
‘‘(345) MACOMB COUNTY, MICHIGAN.—$40,000,000 for wastewater infrastructure, including stormwater management, in
Macomb County, Michigan.
‘‘(346) NORTHFIELD, MINNESOTA.—$33,450,000 for water
and wastewater infrastructure in the city of Northfield, Minnesota.
‘‘(347) CENTERTOWN, MISSOURI.—$15,900,000 for water and
wastewater infrastructure in the village of Centertown, Missouri.
‘‘(348) CITY OF ST. LOUIS, MISSOURI.—$45,000,000 for water
and wastewater infrastructure in the city of St. Louis, Missouri.

H. R. 7776—1419
‘‘(349) ST. LOUIS COUNTY, MISSOURI.—$45,000,000 for water
and wastewater infrastructure in St. Louis County, Missouri.
‘‘(350) CLINTON, MISSISSIPPI.—$13,600,000 for environmental infrastructure, including water and wastewater infrastructure (including stormwater management), drainage systems, and water quality enhancement, in the city of Clinton,
Mississippi.
‘‘(351) MADISON COUNTY, MISSISSIPPI.—$10,000,000 for
environmental infrastructure, including water and wastewater
infrastructure (including stormwater management), drainage
systems, and water quality enhancement, in Madison County,
Mississippi.
‘‘(352) MERIDIAN, MISSISSIPPI.—$10,000,000 for environmental infrastructure, including water and wastewater infrastructure (including stormwater management), drainage systems, and water quality enhancement, in the city of Meridian,
Mississippi.
‘‘(353) OXFORD, MISSISSIPPI.—$10,000,000 for environmental infrastructure, including water and wastewater infrastructure (including stormwater management), drainage systems, and water quality enhancement, in the City of Oxford,
Mississippi.
‘‘(354) RANKIN COUNTY, MISSISSIPPI.—$10,000,000 for
environmental infrastructure, including water and wastewater
infrastructure (including stormwater management), drainage
systems, and water quality enhancement, in Rankin County,
Mississippi.
‘‘(355) MANCHESTER, NEW HAMPSHIRE.—$20,000,000 for
water and wastewater infrastructure, including stormwater
management (including combined sewer overflows), in the city
of Manchester, New Hampshire.
‘‘(356) BAYONNE, NEW JERSEY.—$825,000 for wastewater
infrastructure, including stormwater management (including
combined sewer overflows), in the city of Bayonne, New Jersey.
‘‘(357) CAMDEN, NEW JERSEY.—$119,000,000 for wastewater
infrastructure, including stormwater management, in the city
of Camden, New Jersey.
‘‘(358) ESSEX AND SUSSEX COUNTIES, NEW JERSEY.—
$60,000,000 for water and wastewater infrastructure, including
water supply, in Essex County and Sussex County, New Jersey.
‘‘(359) FLEMINGTON, NEW JERSEY.—$4,500,000 for water
and wastewater infrastructure, including water supply, in the
Borough of Flemington, New Jersey.
‘‘(360) JEFFERSON, NEW JERSEY.—$90,000,000 for wastewater infrastructure, including stormwater management, in Jefferson Township, New Jersey.
‘‘(361) KEARNY, NEW JERSEY.—$69,900,000 for wastewater
infrastructure, including stormwater management (including
combined sewer overflows), in the town of Kearny, New Jersey.
‘‘(362) LONG HILL, NEW JERSEY.—$7,500,000 for wastewater
infrastructure, including stormwater management, in Long Hill
Township, New Jersey.
‘‘(363) MORRIS COUNTY, NEW JERSEY.—$30,000,000 for
water and wastewater infrastructure in Morris County, New
Jersey.

H. R. 7776—1420
‘‘(364) PASSAIC, NEW JERSEY.—$1,000,000 for wastewater
infrastructure, including stormwater management, in Passaic
County, New Jersey.
‘‘(365) PHILLIPSBURG, NEW JERSEY.—$2,600,000 for wastewater infrastructure, including stormwater management, in the
town of Phillipsburg, New Jersey.
‘‘(366) RAHWAY, NEW JERSEY.—$3,250,000 for water and
wastewater infrastructure in the city of Rahway, New Jersey.
‘‘(367) ROSELLE, NEW JERSEY.—$5,000,000 for wastewater
infrastructure, including stormwater management, in the Borough of Roselle, New Jersey.
‘‘(368) SOUTH ORANGE VILLAGE, NEW JERSEY.—$7,500,000
for water infrastructure, including water supply, in the Township of South Orange Village, New Jersey.
‘‘(369) SUMMIT, NEW JERSEY.—$1,000,000 for wastewater
infrastructure, including stormwater management, in the city
of Summit, New Jersey.
‘‘(370) WARREN, NEW JERSEY.—$4,550,000 for wastewater
infrastructure, including stormwater management, in Warren
Township, New Jersey.
‘‘(371) ESPAN˜ OLA, NEW MEXICO.—$21,995,000 for water and
wastewater infrastructure in the city of Espan˜ola, New Mexico.
‘‘(372) FARMINGTON, NEW MEXICO.—$15,500,000 for water
infrastructure, including water supply, in the city of Farmington, New Mexico.
‘‘(373) MORA COUNTY, NEW MEXICO.—$2,874,000 for wastewater infrastructure in Mora County, New Mexico.
‘‘(374) SANTA FE, NEW MEXICO.—$20,700,000 for water and
wastewater infrastructure, including water reclamation, in the
city of Santa Fe, New Mexico.
‘‘(375) CLARKSTOWN, NEW YORK.—$14,600,000 for wastewater infrastructure, including stormwater management, in the
town of Clarkstown, New York.
‘‘(376) GENESEE, NEW YORK.—$85,000,000 for water and
wastewater infrastructure, including stormwater management
and water supply, in Genesee County, New York.
‘‘(377) QUEENS, NEW YORK.—$119,200,000 for water and
wastewater infrastructure, including stormwater management
(including combined sewer overflows), in Queens, New York.
‘‘(378) YORKTOWN, NEW YORK.—$40,000,000 for wastewater
infrastructure, including stormwater management, in the town
of Yorktown, New York.
‘‘(379) BRUNSWICK, OHIO.—$4,510,000 for wastewater infrastructure, including stormwater management, in the city of
Brunswick, Ohio.
‘‘(380) BROOKINGS, OREGON.—$2,000,000 for wastewater
infrastructure in the City of Brookings and the Port of
Brookings Harbor, Oregon.
‘‘(381) MONROE, OREGON.—$6,000,000 for water and wastewater infrastructure in the city of Monroe, Oregon.
‘‘(382) NEWPORT, OREGON.—$60,000,000 for water and
wastewater infrastructure, including water supply and water
storage, in the city of Newport, Oregon.
‘‘(383) LANE COUNTY, OREGON.—$25,000,000 for water and
wastewater infrastructure, including water supply and storage,
distribution, and treatment systems, in Lane County, Oregon.

H. R. 7776—1421
‘‘(384) PALMYRA, PENNSYLVANIA.—$36,300,000 for wastewater infrastructure in Palmyra Township, Pennsylvania.
‘‘(385) PIKE COUNTY, PENNSYLVANIA.—$10,000,000 for water
and stormwater management infrastructure, including water
supply, in Pike County, Pennsylvania.
‘‘(386) PITTSBURGH, PENNSYLVANIA.—$20,000,000 for wastewater infrastructure, including stormwater management, in the
city of Pittsburgh, Pennsylvania.
‘‘(387) POCONO, PENNSYLVANIA.—$22,000,000 for water and
wastewater infrastructure in Pocono Township, Pennsylvania.
‘‘(388) WESTFALL, PENNSYLVANIA.—$16,880,000 for wastewater infrastructure in Westfall Township, Pennsylvania.
‘‘(389)
WHITEHALL,
PENNSYLVANIA.—$6,000,000
for
stormwater management infrastructure in Whitehall Township
and South Whitehall Township, Pennsylvania.
‘‘(390) BEAUFORT, SOUTH CAROLINA.—$7,462,000 for
stormwater management infrastructure in Beaufort County,
South Carolina.
‘‘(391) CHARLESTON, SOUTH CAROLINA.—$25,583,000 for
wastewater infrastructure, including stormwater management,
in the city of Charleston, South Carolina.
‘‘(392) HORRY COUNTY, SOUTH CAROLINA.—$19,000,000 for
environmental infrastructure, including ocean outfalls, in Horry
County, South Carolina.
‘‘(393) MOUNT PLEASANT, SOUTH CAROLINA.—$7,822,000 for
wastewater infrastructure, including stormwater management,
in the town of Mount Pleasant, South Carolina.
‘‘(394) PORTLAND, TENNESSEE.—$1,850,000 for water and
wastewater infrastructure, including water supply, in the city
of Portland, Tennessee.
‘‘(395) SMITH COUNTY, TENNESSEE.—$19,500,000 for wastewater infrastructure, including stormwater management, in
Smith County, Tennessee.
‘‘(396) TROUSDALE, MACON, AND SUMNER COUNTIES, TENNESSEE.—$178,000,000 for water and wastewater infrastructure
in Trousdale County, Macon County, and Sumner County, Tennessee.
‘‘(397) UNITED STATES VIRGIN ISLANDS.—$1,584,000 for
wastewater infrastructure in the United States Virgin Islands.
‘‘(398) BONNEY LAKE, WASHINGTON.—$3,000,000 for water
and wastewater infrastructure in the city of Bonney Lake,
Washington.
‘‘(399) BURIEN, WASHINGTON.—$5,000,000 for stormwater
management infrastructure in the city of Burien, Washington.
‘‘(400) ELLENSBURG, WASHINGTON.—$3,000,000 for wastewater infrastructure, including stormwater management, in the
city of Ellensburg, Washington.
‘‘(401) NORTH BEND, WASHINGTON.—$30,000,000 for wastewater infrastructure, including stormwater management, in the
city of North Bend, Washington.
‘‘(402) PORT ANGELES, WASHINGTON.—$7,500,000 for wastewater infrastructure, including stormwater management, in the
City and Port of Port Angeles, Washington.
‘‘(403) SNOHOMISH COUNTY, WASHINGTON.—$56,000,000 for
water and wastewater infrastructure, including water supply,
in Snohomish County, Washington.

H. R. 7776—1422
‘‘(404) WESTERN WASHINGTON STATE.—$200,000,000 for
water and wastewater infrastructure, including stormwater
management, water supply, and conservation, in Chelan
County, King County, Kittitas County, Pierce County, Snohomish County, Skagit County, and Whatcom County, Washington.
‘‘(405) MILWAUKEE, WISCONSIN.—$4,500,000 for water and
wastewater infrastructure, including stormwater management
(including combined sewer overflows), and resource protection
and development, in the Milwaukee metropolitan area, Wisconsin.’’.
(b) PROJECT MODIFICATIONS.—
(1) CONSISTENCY WITH REPORTS.—Congress finds that the
project modifications described in this subsection are in accordance with the reports submitted to Congress by the Secretary
under section 7001 of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 2282d), titled ‘‘Report to Congress
on Future Water Resources Development’’, or have otherwise
been reviewed by Congress.
(2) MODIFICATIONS.—
(A)
CALAVERAS
COUNTY,
CALIFORNIA.—Section
219(f)(86) of the Water Resources Development Act of 1992
(106 Stat. 4835; 113 Stat. 334; 121 Stat. 1259) is amended
by striking ‘‘$3,000,000’’ and inserting ‘‘$13,280,000’’.
(B) SACRAMENTO AREA, CALIFORNIA.—Section 219(f)(23)
of the Water Resources Development Act of 1992 (106
Stat. 4835; 113 Stat. 336; 117 Stat. 1840; 134 Stat. 2718)
is amended by striking ‘‘Suburban’’.
(C) LOS ANGELES COUNTY, CALIFORNIA.—Section 219(f)
of the Water Resources Development Act of 1992 (106
Stat. 4835; 113 Stat. 334; 117 Stat. 1840; 121 Stat. 1259)
is amended by striking paragraph (93) and inserting the
following:
‘‘(93) LOS ANGELES COUNTY, CALIFORNIA.—$103,000,000 for
water and wastewater infrastructure, including stormwater
management, Diamond Bar, La Habra Heights, Dominguez
Channel, Santa Clarity Valley, and Rowland Heights, Los
Angeles County, California.’’.
(D) BOULDER COUNTY, COLORADO.—Section 219(f)(109)
of the Water Resources Development Act of 1992 (106
Stat. 4835; 113 Stat. 334; 114 Stat. 2763A–220) is amended
by striking ‘‘$10,000,000 for water supply infrastructure’’
and inserting ‘‘$20,000,000 for water and wastewater infrastructure, including stormwater management and water
supply’’.
(E) CHARLOTTE COUNTY, FLORIDA.—Section 219(f)(121)
of the Water Resources Development Act of 1992 (106
Stat. 4835; 113 Stat. 336; 121 Stat. 1261) is amended
by striking ‘‘$3,000,000 for’’ and inserting ‘‘$33,000,000 for
wastewater and’’.
(F) MIAMI-DADE COUNTY, FLORIDA.—Section 219(f)(128)
of the Water Resources Development Act of 1992 (106
Stat. 4835; 113 Stat. 336; 121 Stat. 1261) is amended
by striking ‘‘$6,250,000 for’’ and inserting ‘‘$190,250,000
for wastewater infrastructure, including’’.
(G) ALBANY, GEORGIA.—Section 219(f)(130) of the Water
Resources Development Act of 1992 (106 Stat. 4835; 113

H. R. 7776—1423
Stat. 336; 121 Stat. 1261) is amended by striking
‘‘$4,000,000 for a storm drainage system,’’ and inserting
‘‘$109,000,000 for wastewater infrastructure, including
stormwater management (including combined sewer overflows),’’.
(H) ATLANTA, GEORGIA.—Section 219(e)(5) of the Water
Resources Development Act of 1992 (106 Stat. 4835; 110
Stat. 3757; 113 Stat. 334) is amended by striking
‘‘$25,000,000’’ and inserting ‘‘$75,000,000’’.
(I) EAST POINT, GEORGIA.—Section 219(f)(136) of the
Water Resources Development Act of 1992 (106 Stat. 4835;
113 Stat. 336; 121 Stat. 1261) is amended by striking
‘‘$5,000,000 for’’ and inserting ‘‘$15,000,000 for stormwater
management and other’’.
(J) COOK COUNTY AND LAKE COUNTY, ILLINOIS.—Section
219(f)(54) of the Water Resources Development Act of 1992
(106 Stat. 4835; 113 Stat. 336; 114 Stat. 2763A–220) is
amended—
(i) in the paragraph heading, by striking ‘‘COOK
COUNTY’’ and inserting ‘‘COOK COUNTY AND LAKE
COUNTY’’;
(ii) by striking ‘‘$35,000,000 for’’ and inserting
‘‘$100,000,000 for wastewater infrastructure, including
stormwater management, and other’’; and
(iii) by inserting ‘‘and Lake County’’ after ‘‘Cook
County’’.
(K) MADISON AND ST. CLAIR COUNTIES, ILLINOIS.—Section 219(f)(55) of the Water Resources Development Act
of 1992 (106 Stat. 4835; 113 Stat. 334; 114 Stat. 2763A–
221; 134 Stat. 2718) is amended by striking ‘‘$45,000,000’’
and inserting ‘‘$100,000,000’’.
(L) CALUMET REGION, INDIANA.—Section 219(f)(12)(A)
of the Water Resources Development Act of 1992 (106
Stat. 4835; 113 Stat. 336; 117 Stat. 1843; 121 Stat. 1225)
is amended by striking ‘‘$100,000,000’’ and inserting
‘‘$125,000,000’’.
(M) BATON ROUGE, LOUISIANA.—Section 219(f)(21) of
the Water Resources Development Act of 1992 (106 Stat.
4835; 113 Stat. 336; 114 Stat. 2763A–220; 121 Stat. 1226)
is amended by striking ‘‘$35,000,000’’ and inserting
‘‘$90,000,000’’.
(N) SOUTH CENTRAL PLANNING AND DEVELOPMENT
COMMISSION, LOUISIANA.—Section 219(f)(153) of the Water
Resources Development Act of 1992 (106 Stat. 4835; 113
Stat. 336; 121 Stat. 1262) is amended by striking
‘‘$2,500,000’’ and inserting ‘‘$12,500,000’’.
(O) ST. CHARLES, ST. BERNARD, PLAQUEMINES, ST. JOHN
THE BAPTIST, ST. JAMES, AND ASSUMPTION PARISHES, LOUISIANA.—
(i) ST. CHARLES, ST. BERNARD, AND PLAQUEMINES
PARISHES, LOUISIANA.—Section 219(c)(33) of the Water
Resources Development Act of 1992 (106 Stat. 4835;
113 Stat. 334; 114 Stat. 2763A–219) is amended by
striking ‘‘Water and wastewater infrastructure’’ and
inserting ‘‘Water supply and wastewater infrastructure, including stormwater management’’.

H. R. 7776—1424
(ii) ST. JOHN THE BAPTIST, ST. JAMES, AND ASSUMPTION PARISHES, LOUISIANA.—Section 219(c)(34) of the
Water Resources Development Act of 1992 (106 Stat.
4835; 113 Stat. 334; 114 Stat. 2763A–219) is
amended—
(I) in the paragraph heading, by striking ‘‘BAPTIST AND ST. JAMES’’ and inserting ‘‘BAPTIST, ST.
JAMES, AND ASSUMPTION’’; and
(II) by striking ‘‘Baptist and St. James’’ and
inserting ‘‘Baptist, St. James, and Assumption’’.
(iii) AUTHORIZATION OF APPROPRIATIONS FOR
CONSTRUCTION ASSISTANCE.—Section 219(e) of the
Water Resources Development Act of 1992 (106 Stat.
4835; 110 Stat. 3757; 113 Stat. 334; 121 Stat. 1192)
is amended—
(I) by striking the ‘‘and’’ at the end of paragraph (16);
(II) by striking the period at the end of paragraph (17) and inserting a semicolon; and
(III) by adding at the end the following:
‘‘(18) $70,000,000 for the project described in subsection
(c)(33); and
‘‘(19) $36,000,000 for the project described in subsection
(c)(34).’’.
(P) MICHIGAN COMBINED SEWER OVERFLOWS.—Section
219(f)(157) of the Water Resources Development Act of
1992 (106 Stat. 4835; 113 Stat. 336; 121 Stat. 1262) is
amended—
(i) by striking ‘‘$35,000,000 for’’ and inserting the
following:
‘‘(A) IN GENERAL.—$85,000,000 for’’; and
(ii) by adding at the end the following:
‘‘(B) ADDITIONAL PROJECTS.—Amounts made available
under subparagraph (A) may be used for design and
construction projects for water-related environmental infrastructure and resource protection and development projects
in Michigan, including for projects for wastewater treatment and related facilities, water supply and related facilities, environmental restoration, and surface water resource
protection and development.’’.
(Q) JACKSON, MISSISSIPPI.—Section 219(f)(167) of the
Water Resources Development Act of 1992 (106 Stat. 4835;
113 Stat. 336; 121 Stat. 1263) is amended by striking
‘‘$25,000,000 for water and wastewater infrastructure’’ and
inserting ‘‘$125,000,000 for water and wastewater infrastructure, including resilience activities for such infrastructure’’.
(R) ALLEGHENY COUNTY, PENNSYLVANIA.—Section
219(f)(66)(A) of the Water Resources Development Act of
1992 (106 Stat. 4835; 113 Stat. 336; 114 Stat. 2763A–
221; 121 Stat. 1240) is amended by striking ‘‘$20,000,000
for’’ and inserting ‘‘$30,000,000 for wastewater infrastructure, including stormwater management, and other’’.
(S) LAKES MARION AND MOULTRIE, SOUTH CAROLINA.—
Section 219(f)(25) of the Water Resources Development Act
of 1992 (106 Stat. 4835; 113 Stat. 336; 114 Stat. 2763A–
220; 117 Stat. 1838; 130 Stat. 1677; 132 Stat. 3818; 134

H. R. 7776—1425
Stat. 2719) is amended by striking ‘‘$110,000,000’’ and
inserting ‘‘$165,000,000’’.
(T) MYRTLE BEACH AND VICINITY, SOUTH CAROLINA.—
Section 219(f) of the Water Resources Development Act
of 1992 (106 Stat. 4835; 113 Stat. 334; 121 Stat. 1267)
is amended by striking paragraph (250) and inserting the
following:
‘‘(250) MYRTLE BEACH AND VICINITY, SOUTH CAROLINA.—
$31,000,000 for environmental infrastructure, including ocean
outfalls, Myrtle Beach and vicinity, South Carolina.’’.
(U) NORTH MYRTLE BEACH AND VICINITY, SOUTH CAROLINA.—Section 219(f) of the Water Resources Development
Act of 1992 (106 Stat. 4835; 113 Stat. 334; 121 Stat. 1267)
is amended by striking paragraph (251) and inserting the
following:
‘‘(251) NORTH MYRTLE BEACH AND VICINITY, SOUTH CAROLINA.—$74,000,000 for environmental infrastructure, including
ocean outfalls, North Myrtle Beach and vicinity, South Carolina.’’.
(V) EASTERN SHORE AND SOUTHWEST VIRGINIA.—Section
219(f)(10)(A) of the Water Resources Development Act of
1992 (106 Stat. 4835; 113 Stat. 335; 121 Stat. 1255) is
amended—
(i) by striking ‘‘$20,000,000’’ and inserting
‘‘$52,000,000’’; and
(ii) by striking ‘‘Accomac’’ and inserting
‘‘Accomack’’.
(W) NORTHERN WEST VIRGINIA.—Section 219(f)(272) of
the Water Resources Development Act of 1992 (106 Stat.
4835; 113 Stat. 334; 121 Stat. 1268) is amended—
(i) by striking ‘‘$20,000,000 for water and wastewater’’ and inserting the following:
‘‘(A) IN GENERAL.—$20,000,000 for water and wastewater’’; and
(ii) by adding at the end the following:
‘‘(B) LOCAL COOPERATION AGREEMENTS.—Notwithstanding subsection (a), at the request of a non-Federal
interest for a project or a separable element of a project
that receives assistance under this paragraph, the Secretary may enter into an agreement developed in accordance with section 571(e) of the Water Resources Development Act of 1999 (113 Stat. 371) for the project or separable
element.’’.
(3) EFFECT ON AUTHORIZATION.—Notwithstanding the operation of section 6001(e) of the Water Resources Reform and
Development Act of 2014 (as in effect on the day before the
date of enactment of the Water Resources Development Act
of 2016), any project included on a list published by the Secretary pursuant to such section the authorization for which
is amended by this subsection remains authorized to be carried
out by the Secretary.
SEC. 8376. ADDITIONAL ASSISTANCE FOR CRITICAL PROJECTS.

(a) CONSISTENCY WITH REPORTS.—Congress finds that the
project modifications described in this section are in accordance
with the reports submitted to Congress by the Secretary under
section 7001 of the Water Resources Reform and Development Act

H. R. 7776—1426
of 2014 (33 U.S.C. 2282d), titled ‘‘Report to Congress on Future
Water Resources Development’’, or have otherwise been reviewed
by Congress.
(b) PROJECTS.—
(1) CHESAPEAKE BAY.—Section 510 of the Water Resources
Development Act of 1996 (110 Stat. 3759; 121 Stat. 1202; 128
Stat. 1317; 134 Stat. 3704) is amended—
(A) in subsection (a)(2)—
(i) by inserting ‘‘infrastructure and’’ before
‘‘resource protection’’;
(ii) in subparagraph (B), by inserting ‘‘and
streambanks’’ after ‘‘shorelines’’;
(iii) by redesignating subparagraphs (E) and (F)
as subparagraphs (H) and (I), respectively; and
(iv) by inserting after subparagraph (D) the following:
‘‘(E) wastewater treatment and related facilities;
‘‘(F) water supply and related facilities;
‘‘(G) stormwater and drainage systems;’’; and
(B) in subsection (c)(2)(A), by inserting ‘‘facilities or’’
before ‘‘a resource protection and restoration plan’’.
(2) FLORIDA KEYS WATER QUALITY IMPROVEMENTS,
FLORIDA.—Section 109(f) of title I of division B of the Miscellaneous Appropriations Act, 2001 (Public Law 106–554, appendix
D, 114 Stat. 2763A–222 (as enacted by section 1(a)(4) of the
Consolidated Appropriations Act, 2001 (114 Stat. 2763)); 121
Stat. 1217) is amended by striking ‘‘$100,000,000’’ and inserting
‘‘$200,000,000’’.
(3) NORTHEASTERN MINNESOTA.—Section 569(h) of the
Water Resources Development Act of 1999 (113 Stat. 368; 121
Stat. 1232) is amended by striking ‘‘$54,000,000’’ and inserting
‘‘$80,000,000’’.
(4) MISSISSIPPI.—Section 592 of the Water Resources
Development Act of 1999 (113 Stat. 379; 117 Stat. 1837; 121
Stat. 1233; 123 Stat. 2851) is amended—
(A) in subsection (b), by striking ‘‘and surface water
resource protection and development’’ and inserting ‘‘surface water resource protection and development,
stormwater management, drainage systems, and water
quality enhancement’’; and
(B) in subsection (g), by striking ‘‘$200,000,000’’ and
inserting ‘‘$300,000,000’’.
(5) LAKE TAHOE BASIN RESTORATION, NEVADA AND CALIFORNIA.—Section 108(g) of division C of the Consolidated Appropriations Act, 2005 (Public Law 108–447; 118 Stat. 2942) is
amended by striking ‘‘$25,000,000’’ and inserting ‘‘$50,000,000’’.
(6) CENTRAL NEW MEXICO.—Section 593 of the Water
Resources Development Act of 1999 (113 Stat. 380; 119 Stat.
2255) is amended—
(A) in subsection (a), by inserting ‘‘Colfax,’’ before
‘‘Sandoval’’;
(B) in subsection (c), by inserting ‘‘water reuse,’’ after
‘‘conservation,’’; and
(C) in subsection (h), by striking ‘‘$50,000,000’’ and
inserting ‘‘$100,000,000’’.

H. R. 7776—1427
(7) NEW YORK CITY WATERSHED.—Section 552(a)(2) of the
Water Resources Development Act of 1996 (110 Stat. 3780)
is amended—
(A) by striking ‘‘design and construction assistance’’
and inserting ‘‘design, repair, replacement, and construction assistance’’; and
(B) by striking ‘‘treatment, and distribution facilities’’
and inserting ‘‘treatment, stormwater management, and
water distribution facilities’’.
(8) OHIO AND NORTH DAKOTA.—Section 594 of the Water
Resources Development Act of 1999 (113 Stat. 381; 119 Stat.
2261; 121 Stat. 1140; 121 Stat. 1944) is amended—
(A) in subsection (h), by striking ‘‘$240,000,000’’ and
inserting ‘‘$250,000,000’’; and
(B) by adding at the end the following:
‘‘(i) AUTHORIZATION OF ADDITIONAL APPROPRIATIONS.—In addition to amounts authorized under subsection (h), there is authorized
to be appropriated to carry out this section $100,000,000, to be
divided between the States referred to in subsection (a).’’.
(9) SOUTHEASTERN PENNSYLVANIA.—Section 566 of the
Water Resources Development Act of 1996 (110 Stat. 3786;
113 Stat. 352) is amended—
(A) by striking the section heading and inserting
‘‘SOUTHEASTERN PENNSYLVANIA AND LOWER DELAWARE
RIVER BASIN.’’;
(B) in subsection (a), by inserting ‘‘and the Lower Delaware River Basin’’ after ‘‘southeastern Pennsylvania’’;
(C) in subsection (b), by striking ‘‘southeastern
Pennsylvania, including projects for waste water treatment
and related facilities,’’ and inserting ‘‘southeastern Pennsylvania and the Lower Delaware River Basin, including
projects for wastewater treatment and related facilities
(including sewer overflow infrastructure improvements and
other stormwater management),’’;
(D) by amending subsection (g) to read as follows:
‘‘(g) AREAS DEFINED.—In this section:
‘‘(1) LOWER DELAWARE RIVER BASIN.—The term ‘Lower Delaware River Basin’ means the Schuylkill Valley, Upper Estuary,
Lower Estuary, and Delaware Bay subwatersheds of the Delaware River Basin in the Commonwealth of Pennsylvania and
the States of New Jersey and Delaware.
‘‘(2) SOUTHEASTERN PENNSYLVANIA.—The term ‘southeastern Pennsylvania’ means Philadelphia, Bucks, Chester,
Delaware, and Montgomery Counties, Pennsylvania.’’; and
(E) in subsection (h), by striking ‘‘to carry out this
section $25,000,000’’ and inserting ‘‘$50,000,000 to provide
assistance under this section to non-Federal interests in
southeastern Pennsylvania, and $20,000,000 to provide
assistance under this section to non-Federal interests in
the Lower Delaware River Basin’’.
(10) SOUTH CENTRAL PENNSYLVANIA.—Section 313(g)(1) of
the Water Resources Development Act of 1992 (106 Stat. 4845;
109 Stat. 407; 110 Stat. 3723; 113 Stat. 310; 117 Stat. 142;
121 Stat. 1146; 134 Stat. 2719) is amended by striking
‘‘$400,000,000’’ and inserting ‘‘$410,000,000’’.
(11) TEXAS.—Section 5138 of the Water Resources Development Act of 2007 (121 Stat. 1250) is amended—

H. R. 7776—1428
(A) in subsection (b), by striking ‘‘, as identified by
the Texas Water Development Board’’;
(B) in subsection (e)(3), by inserting ‘‘and construction’’
after ‘‘design work’’;
(C) by redesignating subsection (g) as subsection (i);
(D) by inserting after subsection (f) the following:
‘‘(g) NONPROFIT ENTITIES.—In this section, the term non-Federal interest has the meaning given such term in section 221(b)
of the Flood Control Act of 1970 (42 U.S.C. 1962d–5b(b)).
‘‘(h) CORPS OF ENGINEERS EXPENSES.—Not more than 10 percent of the amounts made available to carry out this section may
be used by the Corps of Engineers district offices to administer
projects under this section at Federal expense.’’; and
(E) in subsection (i) (as redesignated), by striking
‘‘$40,000,000’’ and inserting ‘‘$80,000,000’’.
(12) LAKE CHAMPLAIN, VERMONT AND NEW YORK.—Section
542 of the Water Resources Development Act of 2000 (114
Stat. 2671; 121 Stat. 1150; 134 Stat. 2652) is amended—
(A) in subsection (b)(2)(C), by striking ‘‘planning’’ and
inserting ‘‘clean water infrastructure planning, design, and
construction’’; and
(B) in subsection (g), by striking ‘‘$32,000,000’’ and
inserting ‘‘$100,000,000’’.
(13) WESTERN RURAL WATER.—Section 595 of the Water
Resources Development Act of 1999 (113 Stat. 383; 117 Stat.
139; 117 Stat. 142; 117 Stat. 1836; 118 Stat. 440; 121 Stat.
1219; 123 Stat. 2851; 128 Stat. 1316; 130 Stat. 1681; 134
Stat. 2719) is amended—
(A) in subsection (i)(1), by striking ‘‘$435,000,000’’ and
inserting ‘‘$800,000,000’’; and
(B) in subsection (i)(2), by striking ‘‘$150,000,000’’ and
inserting ‘‘$200,000,000’’.
(c) EFFECT ON AUTHORIZATION.—Notwithstanding the operation
of section 6001(e) of the Water Resources Reform and Development
Act of 2014 (as in effect on the day before the date of enactment
of the Water Resources Development Act of 2016), any project
included on a list published by the Secretary pursuant to such
section the authorization for which is amended by this section
remains authorized to be carried out by the Secretary.
SEC. 8377. CONVEYANCES.

(a) GENERALLY APPLICABLE PROVISIONS.—
(1) SURVEY TO OBTAIN LEGAL DESCRIPTION.—The exact acreage and the legal description of any real property to be conveyed
under this section shall be determined by a survey that is
satisfactory to the Secretary.
(2) APPLICABILITY OF PROPERTY SCREENING PROVISIONS.—
Section 2696 of title 10, United States Code, shall not apply
to any conveyance under this section.
(3) COSTS OF CONVEYANCE.—An entity to which a conveyance is made under this section shall be responsible for all
reasonable and necessary costs, including real estate transaction and environmental documentation costs, associated with
the conveyance.
(4) LIABILITY.—An entity to which a conveyance is made
under this section shall hold the United States harmless from
any liability with respect to activities carried out, on or after

H. R. 7776—1429
the date of the conveyance, on the real property conveyed.
The United States shall remain responsible for any liability
with respect to activities carried out, before such date, on
the real property conveyed.
(5) ADDITIONAL TERMS AND CONDITIONS.—The Secretary
may require that any conveyance under this section be subject
to such additional terms and conditions as the Secretary considers necessary and appropriate to protect the interests of
the United States.
(b) CITY OF LEWES, DELAWARE.—
(1) CONVEYANCE AUTHORIZED.—The Secretary is authorized
to convey, without consideration, to the City of Lewes, Delaware, all right, title, and interest of the United States in
and to the real property described in paragraph (2), for the
purpose of housing a new municipal campus for Lewes City
Hall, a police station, and a board of public works.
(2) PROPERTY.—The property to be conveyed under this
subsection is the approximately 5.26 acres of land, including
improvements on that land, located at 1137 Savannah Road,
Lewes, Delaware.
(3) REVERSION.—
(A) IN GENERAL.—If the Secretary determines at any
time that the property conveyed under paragraph (1) is
not being used in accordance with the purpose specified
in such paragraph, all right, title, and interest in and
to the property shall revert, at the discretion of the Secretary, to the United States.
(B) DETERMINATION.—A determination by the Secretary under subparagraph (A) shall be made on the record
after an opportunity for a hearing.
(c) ARMY RESERVE FACILITY, BELLEVILLE, ILLINOIS.—
(1) CONVEYANCE AUTHORIZED.—The Secretary shall convey
to the city of Belleville, Illinois, without consideration, all right,
title, and interest of the United States in and to the real
property described in paragraph (2).
(2) PROPERTY.—The property to be conveyed under this
subsection is the approximately 5.2 acres of land, including
improvements on that land, located at 500 South Belt East
in Belleville, Illinois.
(3) DEED.—The Secretary shall convey the property under
this subsection by quitclaim deed under such terms and conditions as the Secretary determines appropriate to protect the
interests of the United States.
(4) REVERSION.—If the Secretary determines that the property conveyed under this subsection is not used for a public
purpose, all right, title, and interest in and to the property
shall revert, at the discretion of the Secretary, to the United
States.
(d) LAKE BARKLEY, KENTUCKY.—
(1) IN GENERAL.—The Secretary is authorized to convey
to the Eddyville Riverport and Industrial Development
Authority all right, title, and interest of the United States
in and to the approximately 3.3 acres of land in Lyon County,
Kentucky, including the land identified as Tract 1216–2 and
a portion of the land identified as Tract 112–2, adjacent to
the southwestern boundary of the port facilities of the Authority
at the Barkley Dam and Lake Barkley project, Kentucky,

H. R. 7776—1430
authorized by the first section of the Act of July 24, 1946
(chapter 595, 60 Stat. 636).
(2) RESERVATION OF RIGHTS.—The Secretary shall reserve
and retain from the conveyance under this subsection such
easements, rights-of-way, and other interests that the Secretary
determines to be necessary and appropriate to ensure the
continued operation of the project described in paragraph (1).
(3) DEED.—The Secretary shall convey the property under
this subsection by quitclaim deed under such terms and conditions as the Secretary determines appropriate to protect the
interests of the United States.
(4) CONSIDERATION.—The Eddyville Riverport and Industrial Development Authority shall pay to the Secretary an
amount that is not less than the fair market value of the
property conveyed under this subsection, as determined by
the Secretary.
(e) SARDIS LAKE, PANOLA COUNTY, MISSISSIPPI.—
(1) CONVEYANCE AUTHORIZED.—The Secretary is authorized
to convey to the City of Sardis, Mississippi, all right, title,
and interest of the United States in and to the real property
described in paragraph (2).
(2) PROPERTY.—The property to be conveyed is the approximately 1,064 acres of lying in the eastern half of Sections
12 and 13, T 8 S, R 6 W and the western half of Section
18 and the western half of Section 7, T 8 S, R 5 W, in Panola
County, Mississippi, and being more particularly described as
follows: Begin at the southeast corner of said Section 13, run
thence from said point of beginning, along the south line of
said Section 13, run westerly, 2,723 feet; thence run N 27°39’53’’
W, for 1,898 feet; thence run north 2,434 feet; thence run
east, 1,006 feet, more or less, to a point on the easterly edge
of Mississippi State Highway No. 315; thence run along said
easterly edge of highway, northerly, for 633 feet; thence leaving
said easterly edge of highway, run N 62°00’ E, for 200 feet;
thence N 07°00’ E, for 1,350 feet; thence N 07°00’ W, for
800 feet; thence N 37°30’W for 800 feet; thence N 10°00’ W
for 350 feet; thence N 11°00’ E, for 350 feet; thence N 43°30’
E for 250 feet; thence N 88°00’ E for 200 feet; thence S 64°00’
E for 350 feet; thence S 25°30’ E, for 650 feet, more or less,
to the intersection of the east line of the western half of the
eastern half of the northwest quarter of the southeast quarter
of the aforesaid Section 12, T 8 S, R 6 W and the 235-foot
contour; thence run along said 235-foot contour, 6,392 feet;
thence leaving said 235-foot contour, southerly 1,762 feet, more
or less, to a point on the south line of Section 7; thence S
00°28’49’’ E, 2,664.97 feet, more or less, to a point on the
south line of the northwest quarter of said Section 18; thence
along said south line, easterly for 100 feet, more or less to
the northwest corner of the southwest quarter of said Section
18; thence leaving said south line of said northwest quarter,
along the east line of said southwest quarter, S 00°06’20’’
E, run 2,280 feet, more or less, to the southerly edge of an
existing power line right-of-way; thence leaving said east line
of said southwest quarter, along said southerly edge of said
power line right-of-way, northwesterly, 300 feet, more or less,
to the easterly edge of the existing 4–H Club Road; thence
leaving said southerly edge of said power line right-of-way,

H. R. 7776—1431
along said easterly edge of said road, southeasterly, 420 feet,
more or less, to the south line of said southwest quarter;
thence leaving said easterly edge of said road, along said south
line of southwest quarter, westerly, 2,635 feet, more or less,
to the point of beginning, LESS AND EXCEPT the following
prescribed parcel: Beginning at a point N 00°45’48’’ W, 302.15
feet and west, 130.14 feet from the southeast corner of said
Section 13, T 8 S, R 6 W, and running thence S 04°35’58’’
W, 200.00 feet to a point on the north side of a road; running
thence with the north side of said road, N 83°51’ W, for 64.84
feet; thence N 72°26’44’’ W, 59.48 feet; thence N 60°31’37’’
W, 61.71 feet; thence N 63°35’08’’ W, 51.07 feet; thence N
06°47’17’’ W, 142.81 feet to a point; running thence S 85°24’02’’
E, 254.37 feet to the point of beginning, containing 1.00 acre,
more or less.
(3) RESERVATION OF RIGHTS.—
(A) IN GENERAL.—The Secretary shall reserve and
retain from the conveyance under this subsection such
easements, rights-of-way, and other interests that the Secretary determines to be necessary and appropriate to
ensure the continued operation of the Sardis Lake project,
authorized by section 6 of the Act of May 15, 1928 (chapter
569, 45 Stat. 536).
(B) FLOODING; LIABILITY.—In addition to any easements, rights-of-way, and other interests reserved an
retained under subparagraph (A), the Secretary—
(i) shall retain the right to flood land for downstream flood control purposes on—
(I) the land located east of Blackjack Road
and below 301.0 feet above sea level; and
(II) the land located west of Blackjack Road
and below 224.0 feet above sea level; and
(ii) shall not be liable for any reasonable damage
resulting from any flooding of land pursuant to clause
(i).
(4) DEED.—The Secretary shall—
(A) convey the property under this section by quitclaim
deed under such terms and conditions as the Secretary
determines appropriate to protect the interests of the
United States; and
(B) ensure that such deed includes a permanent restriction that all future building of above-ground structures
on the land conveyed under this subsection shall be
restricted to areas lying at or above 301.0 feet above sea
level.
(5) CONSIDERATION.—The City of Sardis, Mississippi, shall
pay to the Secretary an amount that is not less than the
fair market value of the property conveyed under this subsection, as determined by the Secretary.
(6) NOTICE AND REPORTING.—After conveying property
under this subsection, the Secretary shall submit to the City
of Sardis, Mississippi—
(A) weekly reports describing—
(i) the water level of Sardis Lake, as in effect
on the date of submission of the report;
(ii) any applicable forecasts of that water level;
and

H. R. 7776—1432
(iii) any other information that may affect land
conveyed under this subsection; and
(B) a timely notice of any anticipated flooding of a
portion of the land conveyed under this subsection.
(f) ROGERS COUNTY, OKLAHOMA.—
(1) CONVEYANCE AUTHORIZED.—The Secretary is authorized
to convey to the City of Tulsa-Rogers County Port Authority,
all right, title, and interest of the United States in and to
the real property described in paragraph (2).
(2) PROPERTY.—The property to be conveyed under this
subsection is the approximately 176 acres of Federal land
located on the following 3 parcels in Rogers County, Oklahoma:
(A) Parcel 1 consists of U.S. tract 119 (partial), U.S.
tract 123, U.S. tract 120, U.S. tract 125, and U.S. tract
118 (partial).
(B) Parcel 2 consists of U.S. tract 124 (partial) and
U.S. tract 128 (partial).
(C) Parcel 3 consists of U.S. tract 128 (partial).
(3) RESERVATION OF RIGHTS.—The Secretary shall reserve
and retain from any conveyance under this subsection such
easements, rights-of-way, and other interests that the Secretary
determines to be necessary and appropriate to ensure the
continued operation of the McClellan-Kerr Arkansas River
navigation project (including Newt Graham Lock and Dam
18) authorized under the comprehensive plan for the Arkansas
River Basin by the Act of June 28, 1938 (chapter 795, 52
Stat. 1218; 60 Stat. 634; 60 Stat. 647; 101 Stat. 1329–112;
117 Stat. 1842).
(4) DEED.—The Secretary shall convey the property under
this subsection by quitclaim deed under such terms and conditions as the Secretary determines appropriate to protect the
interests of the United States.
(5) CONSIDERATION.—The City of Tulsa-Rogers County Port
Authority shall pay to the Secretary an amount that is not
less than the fair market value of the property conveyed under
this subsection, as determined by the Secretary.
(6) OBSTRUCTIONS TO NAVIGABLE CAPACITY.—A conveyance
under this subsection shall not affect the jurisdiction of the
Secretary under section 10 of the Act of March 3, 1899 (33
U.S.C. 403) with respect to the property conveyed.
(g) REGIONAL CORPS OF ENGINEERS OFFICE, CORPUS CHRISTI,
TEXAS.—
(1) CONVEYANCE AUTHORIZED.—At such time as new facilities are available to be used as the office for the Galveston
District of the Corps of Engineers, the Secretary shall convey
to the Port of Corpus Christi, all right, title, and interest
of the United States in and to the property described in paragraph (2).
(2) DESCRIPTION OF PROPERTY.—The property referred to
in paragraph (1) is the land known as Tract 100 and Tract
101, including improvements on that land, in Corpus Christi,
Texas, and described as follows:
(A) TRACT 100.—The 1.89 acres, more or less, as conveyed by the Nueces County Navigation District No. 1
of Nueces County, Texas, to the United States by
instrument dated October 16, 1928, and recorded at Volume

H. R. 7776—1433
193, pages 1 and 2, in the Deed Records of Nueces County,
Texas.
(B) TRACT 101.—The 0.53 acres as conveyed by the
City of Corpus Christi, Nueces County, Texas, to the United
States by instrument dated September 24, 1971, and
recorded at Volume 318, pages 523 and 524, in the Deed
Records of Nueces County, Texas.
(C) IMPROVEMENTS.—
(i) Main Building (RPUID AO–C–3516), constructed January 9, 1974.
(ii) Garage, vehicle with 5 bays (RPUID AO–C–
3517), constructed January 9, 1985.
(iii) Bulkhead, Upper (RPUID AO–C–2658), constructed January 1, 1941.
(iv) Bulkhead, Lower (RPUID AO–C–3520), constructed January 1, 1933.
(v) Bulkhead Fence (RPUID AO–C–3521), constructed January 9, 1985.
(vi) Bulkhead Fence (RPUID AO–C–3522), constructed January 9, 1985.
(3) DEED.—The Secretary shall convey the property under
this subsection by quitclaim deed under such terms and conditions as the Secretary determines appropriate to protect the
interests of the United States.
(4) CONSIDERATION.—The Port of Corpus Christi shall pay
to the Secretary an amount that is not less than the fair
market value of the property (including improvements) conveyed under this subsection, as determined by the Secretary.
SEC. 8378. LAND TRANSFER AND TRUST LAND FOR CHOCTAW NATION
OF OKLAHOMA.

(a) TRANSFER.—
(1) IN GENERAL.—Subject to paragraph (2) and for the
consideration described in subsection (c), the Secretary shall
transfer to the Secretary of the Interior the land described
in subsection (b) to be held in trust for the benefit of the
Choctaw Nation.
(2) CONDITIONS.—The land transfer under this subsection
shall be subject to the following conditions:
(A) The transfer—
(i) shall not interfere with the operation by the
Corps of Engineers of the Sardis Lake Project, authorized pursuant to section 203 of the Flood Control Act
of 1962 (76 Stat. 1187), or any other authorized civil
works project; and
(ii) shall be subject to such other terms and conditions as the Secretary determines to be necessary and
appropriate to ensure the continued operation of the
Sardis Lake Project or any other authorized civil works
project.
(B) The Secretary shall retain the right to inundate
with water the land transferred to the Choctaw Nation
under this subsection as necessary to carry out an authorized purpose of the Sardis Lake Project or any other civil
works project.
(C) No gaming activities may be conducted on the
land transferred under this subsection.

H. R. 7776—1434
(b) LAND DESCRIPTION.—
(1) IN GENERAL.—The land to be transferred under subsection (a) is the approximately 247 acres of land located in
Sections 18 and 19 of T2N R18E, and Sections 5 and 8 of
T2N R19E, Pushmataha County, Oklahoma, generally depicted
as ‘‘USACE’’ on the map entitled ‘‘Sardis Lake – Choctaw
Nation Proposal’’ and dated February 22, 2022.
(2) SURVEY.—The exact acreage and legal descriptions of
the land to be transferred under subsection (a) shall be determined by a survey satisfactory to the Secretary and the Secretary of the Interior.
(c) CONSIDERATION.—The Choctaw Nation shall pay to the Secretary an amount that is equal to the fair market value of the
land transferred under subsection (a), as determined by the Secretary, which funds may be accepted and expended by the Secretary.
(d) COSTS OF TRANSFER.—The Choctaw Nation shall be responsible for all reasonable and necessary costs, including real estate
transaction and environmental documentation costs, associated with
the transfer of land under subsection (a).
SEC. 8379. JOHN P. MURTHA LOCKS AND DAM.

(a) DESIGNATION.—Locks and Dam 4, Monongahela River,
Pennsylvania, authorized by section 101(18) of the Water Resources
Development Act of 1992 (106 Stat. 4803), and commonly known
as the ‘‘Charleroi Locks and Dam’’, shall be known and designated
as the ‘‘John P. Murtha Locks and Dam’’.
(b) REFERENCES.—Any reference in a law, map, regulation,
document, paper, or other record of the United States to the locks
and dam referred to in subsection (a) shall be deemed to be a
reference to the ‘‘John P. Murtha Locks and Dam’’.
SEC. 8380. TREATMENT OF CERTAIN BENEFITS AND COSTS.

Section 152(a) of the Water Resources Development Act of
2020 (33 U.S.C. 2213a(a)) is amended by striking ‘‘a flood risk
management project that incidentally generates seismic safety benefits in regions’’ and inserting ‘‘a flood risk management or coastal
storm risk management project in a region’’.
SEC. 8381. DEBRIS REMOVAL.

Section 3 of the Act of March 2, 1945 (33 U.S.C. 603a), is
amended by striking ‘‘or recreation’’ and inserting ‘‘ecosystem restoration, or recreation’’.
SEC. 8382. GENERAL REAUTHORIZATIONS.

(a) REHABILITATION OF EXISTING LEVEES.—Section 3017(e) of
the Water Resources Reform and Development Act of 2014 (33
U.S.C. 3303a note) is amended—
(1) by striking ‘‘this subsection’’ and inserting ‘‘this section’’;
and
(2) by striking ‘‘the date that is 10 years after the date
of enactment of this Act’’ and inserting ‘‘December 31, 2028’’.
(b) INVASIVE SPECIES IN ALPINE LAKES PILOT PROJECT.—Section
507(c) of the Water Resources Development Act of 2020 (16 U.S.C.
4701 note) is amended by striking ‘‘2024’’ and inserting ‘‘2028’’.
(c) ENVIRONMENTAL BANKS.—Section 309(e) of the Coastal Wetlands Planning, Protection and Restoration Act (16 U.S.C. 3957(e))
is amended by striking ‘‘10’’ and inserting ‘‘12’’.

H. R. 7776—1435
SEC. 8383. TRANSFER OF EXCESS CREDIT.

Section 1020 of the Water Resources Reform and Development
Act of 2014 (33 U.S.C. 2223) is amended—
(1) in subsection (a), by adding at the end the following:
‘‘(3) STUDIES AND PROJECTS WITH MULTIPLE NON-FEDERAL
INTERESTS.—A credit described in paragraph (1) for a study
or project with multiple non-Federal interests may be applied
to the required non-Federal cost share for a study or project
of any such non-Federal interest, if each such non-Federal
interest agrees in writing to such application.’’;
(2) in subsection (b), by adding at the end the following:
‘‘(3) CONDITIONAL APPROVAL OF EXCESS CREDIT.—Notwithstanding paragraph (2)(A)(ii), the Secretary may approve credit
in excess of the non-Federal share for a study or project prior
to the identification of each authorized study or project to
which the excess credit will be applied, subject to the condition
that the non-Federal interest agrees to submit for approval
by the Secretary an amendment to the comprehensive plan
prepared under paragraph (2) that identifies each authorized
study or project in advance of execution of the feasibility costsharing agreement or project partnership agreement for that
authorized study or project.’’;
(3) in subsection (d), by striking ‘‘10 years after the date
of enactment of this Act’’ and inserting ‘‘on December 31, 2028’’;
and
(4) in subsection (e)(1)(B), by striking ‘‘10 years after the
date of enactment of this Act’’ and inserting ‘‘December 31,
2028’’.
SEC. 8384. TREATMENT OF CREDIT BETWEEN PROJECTS.

Section 7007(d) of the Water Resources Development Act of
2007 (121 Stat. 1277; 128 Stat. 1226) is amended by inserting
‘‘, or may be applied to reduce the amounts required to be paid
by the non-Federal interest under the terms of the deferred payment
agreements entered into between the Secretary and the non-Federal
interest for the projects authorized by section 7012(a)(1)’’ before
the period at the end.
SEC. 8385. NON-FEDERAL PAYMENT FLEXIBILITY.

Section 103(l) of the Water Resources Development Act of 1986
(33 U.S.C. 2213(l)) is amended—
(1) in the subsection heading, by striking ‘‘INITIAL’’;
(2) in the first sentence, by striking ‘‘At the request of’’
and inserting the following:
‘‘(1) INITIAL PAYMENT.—At the request of’’; and
(3) by adding at the end the following:
‘‘(2) INTEREST.—
‘‘(A) IN GENERAL.—At the request of any non-Federal
interest, the Secretary may waive the accrual of interest
on any non-Federal cash contribution under this section
or section 101 for a project for a period of not more than
1 year if the Secretary determines that—
‘‘(i) the waiver will contribute to the ability of
the non-Federal interest to make future contributions;
and
‘‘(ii) the non-Federal interest is in good standing
under terms agreed to under subsection (k)(1).

H. R. 7776—1436
‘‘(B) LIMITATIONS.—The Secretary may grant not more
than 1 waiver under subparagraph (A) for the same
project.’’.
SEC. 8386. COASTAL COMMUNITY FLOOD CONTROL AND OTHER PURPOSES.

Section 103(k)(4) of the Water Resources Development Act of
1986 (33 U.S.C. 2213(k)(4)) is amended—
(1) by redesignating subparagraphs (A) and (B) as clauses
(i) and (ii), respectively, and adjusting the margins appropriately;
(2) in the matter preceding clause (i) (as so redesignated),
by striking ‘‘Notwithstanding’’ and inserting the following:
‘‘(A) IN GENERAL.—Notwithstanding’’;
(3) in clause (i) (as so redesignated)—
(A) by striking ‘‘$200 million’’ and inserting
‘‘$200,000,000’’; and
(B) by striking ‘‘and’’ at the end;
(4) in clause (ii) (as so redesignated)—
(A) by inserting ‘‘an amount equal to 2⁄3 of’’ after
‘‘repays’’; and
(B) by striking the period at the end and inserting
‘‘; and’’; and
(C) by adding at the end the following:
‘‘(iii) the non-Federal interest repays the balance of remaining principal by June 1, 2032.’’;
and
(5) by adding at the end the following:
‘‘(B) REPAYMENT OPTIONS.—Repayment of a non-Federal contribution under subparagraph (A)(iii) may be satisfied through the provision by the non-Federal interest of
fish and wildlife mitigation for one or more projects or
separable elements, if the Secretary determines that—
‘‘(i) the non-Federal interest has incurred costs
for the provision of mitigation that—
‘‘(I) equal or exceed the amount of the required
repayment; and
‘‘(II) are in excess of any required non-Federal
contribution for the project or separable element
for which the mitigation is provided; and
‘‘(ii) the mitigation is integral to the project for
which it is provided.’’.
SEC. 8387. NATIONAL LEVEE SAFETY PROGRAM.

(a) DEFINITION OF REHABILITATION.—Section 9002(13) of the
Water Resources Development Act of 2007 (33 U.S.C. 3301(13))
is amended—
(1) by striking ‘‘The term’’ and inserting the following:
‘‘(A) IN GENERAL.—The term’’;
(2) by inserting ‘‘, increase resiliency to extreme weather
events,’’ after ‘‘flood risk’’; and
(3) by adding at the end the following:
‘‘(B) INCLUSIONS.—The term ‘rehabilitation’ includes
improvements to a levee in conjunction with any repair,
replacement, reconstruction, or reconfiguration.’’.
(b) LEVEE SAFETY INITIATIVE.—Section 9005(g)(2)(E)(i) of the
Water Resources Development Act of 2007 (33 U.S.C.

H. R. 7776—1437
3303a(g)(2)(E)(i)) is amended by striking ‘‘2023’’ and inserting
‘‘2028’’.
(c) LEVEE REHABILITATION ASSISTANCE PROGRAM.—Section
9005(h) of the Water Resources Development Act of 2007 (33 U.S.C.
3303a(h)) is amended—
(1) in paragraph (1), by inserting ‘‘and levee rehabilitation’’
after ‘‘mitigation’’;
(2) in paragraph (7), by striking ‘‘$10,000,000’’ and inserting
‘‘$25,000,000’’; and
(3) by adding at the end the following:
‘‘(11) PRIORITIZATION.—To the maximum extent practicable,
the Secretary shall prioritize the provision of assistance under
this subsection to economically disadvantaged communities (as
defined by the Secretary under section 160 of the Water
Resources Development Act of 2020 (33 U.S.C. 2201 note)),
including economically disadvantaged communities located in
urban and rural areas.’’.
SEC. 8388. SURPLUS WATER CONTRACTS AND WATER STORAGE AGREEMENTS.

Section 1046(c) of the Water Resources Reform and Development Act of 2014 (128 Stat. 1254; 132 Stat. 3784; 134 Stat. 2715)
is amended—
(1) by striking paragraph (3); and
(2) by redesignating paragraph (4) as paragraph (3).
SEC. 8389. WATER SUPPLY STORAGE REPAIR, REHABILITATION, AND
REPLACEMENT COSTS.

Section 301(b) of the Water Supply Act of 1958 (43 U.S.C.
390b(b)) is amended, in the fourth proviso, by striking the second
sentence and inserting the following: ‘‘For Corps of Engineers
projects, all annual operation and maintenance costs for municipal
and industrial water supply storage under this section shall be
reimbursed from State or local interests on an annual basis, and
all repair, rehabilitation, and replacement costs for municipal and
industrial water supply storage under this section shall be
reimbursed from State or local interests (1) without interest, during
construction of the repair, rehabilitation, or replacement, (2) with
interest, in lump sum on the completion of the repair, rehabilitation,
or replacement, or (3) at the request of the State or local interest,
with interest, over a period of not more than 25 years beginning
on the date of completion of the repair, rehabilitation, or replacement, with repayment contracts providing for recalculation of the
interest rate at 5-year intervals. At the request of the State or
local interest, the Secretary of the Army shall amend a repayment
contract entered into under this section on or before the date
of enactment of this sentence for the purpose of incorporating
the terms and conditions described in paragraph (3) of the preceding
sentence.’’.
SEC. 8390. ABANDONED AND INACTIVE NONCOAL MINE RESTORATION.

Section 560 of the Water Resources Development Act of 1999
(33 U.S.C. 2336) is amended—
(1) in subsection (c), by inserting ‘‘, on land held in trust
by the Secretary of the Interior on behalf of, and for the
benefit of, an Indian Tribe, or on restricted land of any Indian
Tribe,’’ after ‘‘land owned by the United States’’; and
(2) in subsection (e)—

H. R. 7776—1438
(A) by striking ‘‘Rehabilitation’’ and inserting ‘‘Restoration’’; and
(B) by striking ‘‘Sacramento’’ and inserting ‘‘Albuquerque’’; and
(3) in subsection (f), by striking ‘‘$30,000,000’’ and inserting
‘‘$50,000,000’’.
SEC. 8391. ASIAN CARP PREVENTION AND CONTROL PILOT PROGRAM.

Section 509(a)(2) of the Water Resources Development Act of
2020 (33 U.S.C. 610 note) is amended—
(1) in subparagraph (A), by striking ‘‘or Tennessee River
Watershed’’ and inserting ‘‘, Tennessee River Watershed, or
Tombigbee River Watershed’’; and
(2) in subparagraph (C)(i), by inserting ‘‘, of which not
fewer than 1 shall be carried out on the Tennessee–Tombigbee
Waterway’’ before the period at the end.
SEC. 8392. ENHANCED DEVELOPMENT PROGRAM.

The Secretary shall fully implement opportunities for enhanced
development at lakes located primarily in the State of Oklahoma
under the authorities provided in section 3134 of the Water
Resources Development Act of 2007 (121 Stat. 1142; 130 Stat.
1671) and section 164 of the Water Resources Development Act
of 2020 (134 Stat. 2668).
SEC. 8393. RECREATIONAL OPPORTUNITIES AT CERTAIN PROJECTS.

(a) DEFINITIONS.—In this section:
(1) COVERED PROJECT.—The term ‘‘covered project’’ means
any of the following projects of the Corps of Engineers:
(A) Ball Mountain Lake, Vermont, authorized by section 203 of the Flood Control Act of 1954 (68 Stat. 1257).
(B) Townshend Lake, Vermont, authorized by section
203 of the Flood Control Act of 1954 (68 Stat. 1257).
(2) RECREATION.—The term ‘‘recreation’’ includes downstream whitewater recreation that is dependent on operations,
recreational fishing, and boating at a covered project.
(b) SENSE OF CONGRESS.—It is the sense of Congress that
the Secretary should—
(1) ensure that, to the extent compatible with other project
purposes, each covered project is operated in such a manner
as to protect and enhance recreation associated with the covered
project; and
(2) manage land at each covered project to improve
opportunities for recreation at the covered project.
(c) MODIFICATION OF WATER CONTROL PLANS.—The Secretary
may modify, or undertake temporary deviations from, the water
control plan for a covered project in order to enhance recreation,
if the Secretary determines the modifications or deviations—
(1) will not adversely affect other authorized purposes of
the covered project; and
(2) will not result in significant adverse impacts to the
environment.
SEC. 8394. FEDERAL ASSISTANCE.

Section 1328(c) of the Water Resources Development Act of
2018 (132 Stat. 3826) is amended by striking ‘‘4 years’’ and inserting
‘‘8 years’’.

H. R. 7776—1439
SEC. 8395. MISSISSIPPI RIVER MAT SINKING UNIT.

The Secretary shall expedite the replacement of the Mississippi
River mat sinking unit.
SEC. 8396. SENSE OF CONGRESS ON LEASE AGREEMENT.

It is the sense of Congress that the lease agreement for land
and water areas within the Prado Flood Control Basin Project
Area entered into between the Secretary and the City of Corona,
California, for operations of the Corona Municipal Airport (Recreation Lease No. DACW09–1–67–60), is a valid lease of land at
a water resources development project under section 4 of the Act
of December 22, 1944 (16 U.S.C. 460d).
SEC. 8397. EXPEDITED COMPLETION OF PROJECTS AND STUDIES.

(a) AUTHORIZED PROJECTS AND STUDIES.—The Secretary shall,
to the maximum extent practicable, expedite completion of the
following projects and studies:
(1) PROJECTS.—
(A) Project for Juneau and Auke Bay, Floating Wave
Attenuator, Alaska, authorized pursuant to section 204
of the Flood Control Act of 1948 (62 Stat. 1181).
(B) Project for flood risk management, Little Colorado
River at Winslow, Navajo County, Arizona, authorized by
section 401(2) of the Water Resources Development Act
of 2020 (134 Stat. 2735).
(C) Project for flood damage reduction, Rio de Flag,
Flagstaff, Arizona, authorized by section 101(b)(3) of the
Water Resources Development Act of 2000 (114 Stat. 2576).
(D) Project for navigation, including maintenance and
channel deepening, McClellan–Kerr Arkansas River,
authorized under the comprehensive plan for the Arkansas
River Basin by section 3 of the Act of June 28, 1938
(chapter 795, 52 Stat. 1218; 60 Stat. 634; 60 Stat. 647;
101 Stat. 1329–112; 117 Stat. 1842).
(E) Project for environmental restoration, Hamilton
Airfield, California, authorized by section 101(b)(3) of the
Water Resources Development Act of 1999 (113 Stat. 279;
121 Stat. 1110).
(F) Project for flood damage reduction and environmental restoration, Middle Creek, Lake County, California,
authorized by section 1001(11) of the Water Resources
Development Act of 2007 (121 Stat. 1051).
(G) The San Francisco Bay Beneficial Use Pilot Project,
California, being carried out under section 1122 of the
Water Resources Development Act of 2016 (130 Stat. 1645).
(H) Project for flood risk management, ecosystem restoration, and recreation, South San Francisco Bay Shoreline, California, authorized by section 1401(6) of the Water
Resources Development Act of 2016 (130 Stat. 1714).
(I) Projects for ecosystem restoration included in the
comprehensive Chesapeake Bay restoration plan developed
under the Chesapeake Bay Environmental Restoration and
Protection Program, authorized by section 510 of the Water
Resources Development Act of 1996 (110 Stat. 3759; 121
Stat. 1202; 128 Stat. 1317).
(J) Maintenance dredging and other authorized activities to address the impacts of shoaling affecting the project

H. R. 7776—1440
for navigation, Branford Harbor and Branford River, Branford, Connecticut, authorized by the first section of the
Act of June 13, 1902 (chapter 1079, 32 Stat. 333).
(K) Maintenance dredging and other authorized activities to address the impacts of shoaling affecting the project
for navigation, Guilford Harbor and Sluice Channel, Connecticut, authorized by section 2 of the Act of March 2,
1945 (chapter 19, 59 Stat. 13).
(L) Maintenance dredging and other authorized activities to address the impacts of shoaling affecting the project
for navigation, Milford Harbor, Connecticut, authorized by
the first section of the Act of June 23, 1874 (chapter 457,
18 Stat. 241).
(M) Project for ecosystem restoration at Bay Point
dredge hole, Tampa Bay, Florida.
(N) Project for ecosystem restoration, Central and
Southern Florida, Everglades Agricultural Area, authorized
by section 1308 of the Water Resources Development Act
of 2018 (132 Stat. 3819; 134 Stat. 2709).
(O) An update to the water control manual for Melvin
Price Locks and Dam, Illinois, authorized by section 102
of Public Law 95–502 (92 Stat. 1695; 95 Stat. 1634).
(P) Projects for the restoration of the Illinois River
Basin, carried out pursuant to section 519 of the Water
Resources Development Act of 2000 (114 Stat. 2653; 121
Stat. 1221).
(Q) Projects for ecosystem restoration, Upper Mississippi River and Illinois Waterway System, authorized
pursuant to title VIII of the Water Resources Development
Act of 2007 (33 U.S.C. 652 note).
(R) Project for navigation, Kentucky Lock Addition,
Kentucky, authorized by section 101(a)(13) of the Water
Resources Development Act of 1996 (110 Stat. 3664).
(S) Project for flood damage reduction, Lower Jefferson
Parish, Louisiana, authorized by section 7016 of the Water
Resources Development Act of 2007 (121 Stat. 1282).
(T) The portion of the project for flood control and
other purposes, Cumberland, Maryland, consisting of the
restoration of the historic Chesapeake and Ohio Canal,
authorized by section 5 of the Act of June 22, 1936 (chapter
6881, 49 Stat. 1574; 113 Stat. 375).
(U) Project for flood control, Ecorse Creek, Wayne
County, Michigan, authorized by section 101(a)(14) of the
Water Resources Development Act of 1990 (104 Stat. 4607).
(V) Projects for ecosystem restoration, Salt River Marsh
Coastal Habitat, Lake St. Clair, Michigan, authorized
pursuant to section 506 of the Water Resources Development Act of 2000 (42 U.S.C. 1962d–22).
(W) Assistance for ecosystem restoration, Lower
Yellowstone Intake Diversion Dam, Montana, authorized
pursuant to section 3109 of the Water Resources Development Act of 2007 (121 Stat. 1135).
(X) Maintenance dredging and other authorized activities to address the impacts of shoaling affecting the project
for navigation, Portsmouth Harbor and Piscataqua River,
Maine and New Hampshire, authorized by section 101
of the River and Harbor Act of 1962 (76 Stat. 1173).

H. R. 7776—1441
(Y) Project for flood risk management, Tulsa and West–
Tulsa Levee System, Tulsa County, Oklahoma, authorized
by section 401(2) of the Water Resources Development Act
of 2020 (134 Stat. 2735).
(Z) Project for flood risk management, Rio Guayanilla,
Puerto Rico, authorized by section 401(2) of the Water
Resources Development Act of 2020 (134 Stat. 2736).
(AA) Projects for critical restoration, Missouri River
Restoration, South Dakota, included in the plan developed
under section 905(e) of the Water Resources Development
Act of 2000 (114 Stat. 2707).
(BB) Project for water quality control, Red River Basin
Chloride Control Area VIII, Texas, authorized pursuant
to section 203 of the Flood Control Act of 1966 (80 Stat.
1420).
(CC) Dredging for projects at Port of Galveston for
Turning Basin 2 project, Royal Terminal, Galveston Bay,
Galveston, Texas, authorized pursuant to section 1401(1)
of the Water Resources Development Act of 2018 (132
Stat. 3836).
(DD) Project for dam safety modifications, Bluestone
Dam, West Virginia, authorized pursuant to section 5 of
the Act of June 22, 1936 (chapter 688, 49 Stat. 1586).
(EE) The development and implementation of a sediment management plan at Big Horn Lake, Wyoming,
pursuant to section 1179(a) of the Water Resources
Development Act of 2016 (130 Stat. 1675).
(FF) Projects authorized by section 219 of the Water
Resources Development Act of 1992.
(2) STUDIES.—
(A) Feasibility study of modifications to the portion
of the project for flood control, water conservation, and
related purposes, Russian River Basin, California, consisting of the Coyote Valley Dam, authorized by section
204 of the Flood Control Act of 1950 (64 Stat. 177; 130
Stat. 1682), to add environmental restoration as a project
purpose and to increase water supply and improve reservoir
operations.
(B) Feasibility study of modifications to the portion
of the project for flood control, Santa Ana River Mainstem,
California, consisting of Seven Oaks Dam, California,
authorized by section 401(a) of the Water Resources
Development Act of 1986 (100 Stat. 4113; 101 Stat. 1329–
111; 104 Stat. 4611; 110 Stat. 3713; 121 Stat. 1115), to
include water conservation as an authorized purpose.
(C) Feasibility study of modifications to the project
for flood control, Redbank and Fancher Creeks, California,
authorized by section 401(a) of the Water Resources
Development Act of 1986 (100 Stat. 4112).
(D) The update of hydrological modeling of the Fox
River Basin, Illinois.
(E) Feasibility study of modifications to the channel
depths and dimensions pursuant to section 5 of the Act
of March 4, 1915 (33 U.S.C. 562) for the project for navigation, Miami Harbor Channel, Florida, authorized by section
101 of the Water Resources Development Act of 1990 (104
Stat. 4606).

H. R. 7776—1442
(F) A comprehensive 50-year review of the Kaskaskia
River Navigation Project, Illinois, pursuant to section 216
of the Flood Control Act of 1970 (33 U.S.C. 549a).
(G) Feasibility study for the Mississippi River and
Tributaries project, to include the portion of the Ouachita
River Levee System at and below Monroe, Louisiana to
Caldwell Parish, Louisiana, authorized by section 204(b)
of the Water Resources and Development Act of 2020 (134
Stat. 2678).
(H) Feasibility study for the project for ecosystem restoration and flood risk management at Coldwater Creek,
Missouri, authorized pursuant to section 1202(b) of the
Water Resources Development Act of 2018 (132 Stat. 3803).
(I) Feasibility study for the project for ecosystem restoration and flood risk management at Maline Creek, Missouri, authorized pursuant to section 1202(b) of the Water
Resources Development Act of 2018 (132 Stat. 3803).
(J) Feasibility study for the project for flood protection
at the Truman Lake Visitor Center, Warsaw, Missouri,
authorized by section 203 of the Flood Control Act of 1954
(68 Stat. 1262; 84 Stat. 265).
(K) Feasibility study for an updated hydrologic analysis
for the town of Estancia, Torrance County, New Mexico.
(L) Feasibility study for water supply to reduce water
consumption from the Arbuckle Simpson Aquifer, Oklahoma, utilizing reserved municipal water supply within
the Corps of Engineers-owned lakes, pursuant to section
838 of the Water Resources Development Act of 1986 (100
Stat. 4174).
(b) CONTINUING AUTHORITIES PROGRAMS.—The Secretary shall,
to the maximum extent practicable, expedite completion of the
following projects and studies:
(1) Projects for flood control under section 205 of the Flood
Control Act of 1948 (33 U.S.C. 701s) for the following areas:
(A) Lower Santa Cruz River, Arizona.
(B) McCormick Wash, Arizona.
(C) Rose and Palm Garden Washes, Arizona.
(D) The Santa Rosa Canal Alternative Conveyance
Project, Arizona.
(E) Southern Maricopa County, in the vicinity of the
Ak-Chin Reservation, Arizona.
(F) Nancy Creek, Georgia.
(G) Peachtree Creek, Georgia.
(H) Sugar Creek, Georgia.
(I) South River Basin, Georgia.
(J) Passaic River, New Jersey.
(K) Salt River Marsh Coastal Habitat, Lake St. Clair,
Michigan.
(L) Blind Brook, Rye, New York.
(M) Aibonito Creek and vicinity, Puerto Rico.
(N) Cano´vanas River, Puerto Rico.
(O) Municipality of Orocovis, Puerto Rico.
(P) Municipality of San Sebastian, Puerto Rico.
(Q) Municipality of Villalba, Puerto Rico.
(R) Rı´o Inabo´n, Ponce, Puerto Rico.
(S) Yauco River and Berrenchin Stream, Puerto Rico.

H. R. 7776—1443
(2) Projects for navigation under section 107 of the River
and Harbor Act of 1960 (33 U.S.C. 577) for the following areas:
(A) Sebewaing River, Port Sanilac Harbor, Lexington
Harbor, and Harbor Beach Harbor, Michigan.
(B) Portsmouth Back Channels and Sagamore Creek,
Portsmouth, New Castle, and Rye, New Hampshire.
(C) Sturgeon Point Marina, New York.
(D) Davis Creek and Mobjack Bay, Mathews County,
Virginia.
(3) Project for aquatic ecosystem restoration under section
206 of the Water Resources Development Act of 1996 (33 U.S.C.
2330) for the following areas:
(A) El Corazon, Arizona.
(B) San Pedro River, Cochise County and vicinity,
Arizona, including review of recharge facilities that preserve water flows and habitats.
(4) Project modifications for improvement of the environment under section 1135 of the Water Resources Development
Act of 1986 (33 U.S.C. 2309a) for the towns of Quincy and
Braintree, Massachusetts, for fish passage on the Smelt Brook.
(5) Project for the removal of obstructions and clearing
channels for flood control under section 2 of the Act of August
28, 1937 (33 U.S.C. 701g) for the Passaic River, New Jersey.
(6) Project for shoreline erosion protection of public works
under section 14 of the Flood Control Act of 1946 (33 U.S.C.
701r) and for beach erosion and storm damage reduction under
section 3 of the Act of August 13, 1946 (33 U.S.C. 426g) for
Buffalo, New York.
(7) Project for beach erosion and storm damage reduction
under section 3 of the Act of August 13, 1946 (33 U.S.C.
426g) for West Haven, Connecticut.

Subtitle D—Water Resources
Infrastructure
SEC. 8401. PROJECT AUTHORIZATIONS.

The following projects for water resources development and
conservation and other purposes, as identified in the reports titled
‘‘Report to Congress on Future Water Resources Development’’ submitted to Congress pursuant to section 7001 of the Water Resources
Reform and Development Act of 2014 (33 U.S.C. 2282d) or otherwise
reviewed by Congress, are authorized to be carried out by the
Secretary substantially in accordance with the plans, and subject
to the conditions, described in the respective reports or decision
documents designated in this section:
(1) NAVIGATION.—

H. R. 7776—1444

A.
State

B.
Name

C.
Date of
Report of
Chief of
Engineers

D.
Estimated
Costs

1. AK

Elim Subsistence Harbor
Study, Elim

March 12,
2021

Federal: $99,057,000
Non-Federal: $2,517,000
Total: $101,574,000

2. CA

Port of Long
Beach Deep
Draft Navigation, Los
Angeles
County

October
14, 2021
and
May 31,
2022

Federal: $87,063,000
Non-Federal:
$88,724,000
Total: $175,787,000

3. GA

Brunswick
Harbor
Modifications, Glynn
County

March 11,
2022

Federal: $10,555,500
Non-Federal: $5,680,500
Total: $16,236,000

4. NY,
NJ

New York —
New Jersey
Harbor
Deepening
Channel Improvements

June 3,
2022

Federal: $2,408,268,000
Non-Federal:
$3,929,279,000
Total: $6,337,547,000

5. WA

Tacoma Harbor Navigation Improvement
Project

May 26,
2022

Federal: $140,022,000
Non-Federal:
$203,561,000
Total: $343,583,000

(2) FLOOD RISK MANAGEMENT.—

H. R. 7776—1445

A.
State

B.
Name

C.
Date of
Report of
Chief of
Engineers

D.
Estimated
Costs

1. AL

Selma Flood
Risk Management and
Bank Stabilization

October 7,
2021

Federal: $16,978,000
Non-Federal: $9,142,000
Total: $26,120,000

2. AL

Valley Creek
Flood Risk
Management, Bessemer and
Birmingham

October
29, 2021

Federal: $21,993,000
Non-Federal:
$11,906,000
Total: $33,899,000

3. CA

Lower Cache
Creek, Yolo
County,
Woodland
and Vicinity

June 21,
2021

Federal: $238,151,550
Non-Federal:
$128,235,450
Total: $366,387,000

4. NE

Papillion
Creek and
Tributaries
Lakes

January
24, 2022

Federal: $100,618,000
Non-Federal:
$57,359,000
Total: $157,977,000

5. OR

Portland Metro
Levee System

August 20,
2021

Federal: $89,708,000
Non-Federal:
$48,304,000
Total: $138,012,000

6. PR

Rio Guanajibo
Flood Risk
Management, Mayaguez,
Hormigueros, and San
German

May 24,
2022

Federal: $184,778,000
Non-Federal: $0
Total: $184,778,000

(3) HURRICANE AND STORM DAMAGE RISK REDUCTION.—

H. R. 7776—1446

A.
State

B.
Name

C.
Date of
Report of
Chief of
Engineers

D.
Estimated
Costs

1. CT

Fairfield and
New Haven
Counties
Coastal
Storm Risk
Management

January
19, 2021

Federal: $107,350,000
Non-Federal:
$57,804,000
Total: $165,154,000

2. FL

Florida Keys,
Monroe
County,
Coastal
Storm Risk
Management

September
24, 2021

Federal: $1,774,631,000
Non-Federal:
$955,570,000
Total: $2,730,201,000

3. FL

Miami-Dade
County,
Main Segment, Coastal Storm
Risk Management

September
26, 2022

Initial Federal:
$25,091,000
Initial Non-Federal:
$18,470,000
Total: $43,561,000
Renourishment Federal:
$143,874,000
Renourishment NonFederal: $180,898,000
Renourishment Total:
$324,772,000

4. FL

Okaloosa
County,
Coastal
Storm Risk
Management

October 7,
2021

Initial Federal:
$21,274,025
Initial Non-Federal:
$12,379,975
Total: $33,654,000
Renourishment Federal:
$76,345,000
Renourishment NonFederal: $79,292,000
Renourishment Total:
$155,637,000

H. R. 7776—1447

A.
State

B.
Name

C.
Date of
Report of
Chief of
Engineers

D.
Estimated
Costs

5. FL

Pinellas County, Treasure
Island and
Long Key
Segments,
Coastal
Storm Risk
Management

October
29, 2021

Initial Federal:
$6,097,000
Initial Non-Federal:
$9,864,000
Total: $15,961,000
Renourishment Federal:
$115,551,000
Renourishment NonFederal: $104,540,000
Renourishment Total:
$220,091,000

6. LA

South Central
Coast, Louisiana Hurricane and
Storm Damage Risk Reduction

June 23,
2022

Federal: $809,297,450
Non-Federal:
$435,775,550
Total: $1,245,073,000

7. LA

Upper
Barataria
Basin Hurricane and
Storm Damage Risk Reduction

January
28, 2022

Federal: $1,184,472,250
Non-Federal:
$637,792,750
Total: $1,822,265,000

8. NY

South Shore of
Staten Island, Fort
Wadsworth
to Oakwood
Beach,
Coastal
Storm Risk
Management

October
27, 2016

Federal: $1,086,000,000
Non-Federal:
$585,000,000
Total: $1,671,000,000

H. R. 7776—1448

A.
State

B.
Name

C.
Date of
Report of
Chief of
Engineers

D.
Estimated
Costs

9. PR

San Juan Metropolitan
Area Coastal
Storm Risk
Management

September
16, 2021

Federal: $288,294,000
Non-Federal:
$155,235,000
Total: $443,529,000

10. SC

Charleston Peninsula,
Coastal
Storm Risk
Management

June 10,
2022

Federal: $828,657,050
Non-Federal:
$446,199,950
Total: $1,274,857,000

11. SC

Folly Beach,
Coastal
Storm Risk
Management

October
26, 2021

Initial Federal:
$49,919,000
Initial Non-Federal:
$5,546,000
Total: $55,465,000
Renourishment Federal:
$180,433,000
Renourishment NonFederal: $29,373,000
Renourishment Total:
$209,806,000

(4) FLOOD

RISK MANAGEMENT AND ECOSYSTEM RESTORA-

TION.—

A.
State

1. TX

B.
Name

Coastal Texas
Protection
and Restoration

C.
Date of
Report of
Chief of
Engineers
September
16, 2021

(5) ECOSYSTEM RESTORATION.—

D.
Estimated
Costs

Federal:
$21,380,214,000
Non-Federal:
$12,999,708,000
Total: $34,379,922,000

H. R. 7776—1449

A.
State

B.
Name

C.
Date of
Report of
Chief of
Engineers

D.
Estimated
Costs

1. CA

Prado Basin
Ecosystem
Restoration,
San
Bernardino,
Riverside
and Orange
Counties

April 22,
2021

Federal: $35,265,100
Non-Federal:
$22,373,900
Total: $57,639,000

2. KY

Three Forks of
Beargrass
Creek Ecosystem Restoration,
Louisville

May 24,
2022

Federal: $77,352,671
Non-Federal:
$52,539,940
Total: $129,892,611

(6) MODIFICATIONS AND OTHER PROJECTS.—

A.
State

B.
Name

C.
Date of
Decision
Document

D.
Estimated
Costs

1. DC

Washington,
D.C. and Vicinity Flood
Risk Management

July 22,
2021

Federal: $19,830,000
Non-Federal: $0
Total: $19,830,000

2. FL

Central and
Southern
Florida, Indian River
Lagoon

June 30,
2022

Federal: $2,707,950,500
Non-Federal:
$2,707,950,500
Total: $5,415,901,000

3. LA

Lake Pontchartrain
and Vicinity

December
16, 2021

Federal: $950,303,250
Non-Federal:
$511,701,750
Total: $1,462,005,000

H. R. 7776—1450

B.
Name

C.
Date of
Decision
Document

4. LA

West Bank and
Vicinity

December
17, 2021

Federal: $508,337,700
Non-Federal:
$273,720,300
Total: $782,058,000

5. MI

New Soo Lock
Construction
Project,
Sault Ste.
Marie, Chippewa County

June 6,
2022

Federal: $3,218,944,000
Non-Federal: $0
Total: $3,218,944,000

6. WA

Howard A.
Hanson
Dam, Water
Supply and
Ecosystem
Restoration

May 19,
2022

Federal: $878,530,000
Non-Federal:
$43,085,000
Total: $921,615,000

A.
State

D.
Estimated
Costs

SEC. 8402. SPECIAL RULES.

(a) SOUTH SHORE OF STATEN ISLAND, NEW YORK.—The Federal
share of any portion of the cost to design and construct the project
for coastal storm risk management, South Shore of Staten Island,
Fort Wadsworth to Oakwood Beach, New York, authorized by this
Act, that exceeds the estimated total project cost specified in the
project partnership agreement for the project, signed by the Secretary on February 15, 2019, shall be 90 percent.
(b) CHARLESTON PENINSULA, SOUTH CAROLINA.—
(1) IN GENERAL.—Not later than 90 days after the last
day of the covered period, the Secretary shall submit to the
Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Environment and
Public Works of the Senate, a request for deauthorization of
the project for hurricane and storm damage risk reduction,
Charleston Peninsula, South Carolina, authorized by this Act,
if the non-Federal interest has not entered into a project partnership agreement for the project, or a separable element of
the project, prior to such last day.
(2) DEFINITION OF COVERED PERIOD.—In this subsection,
the term ‘‘covered period’’ means the period beginning on the
date of enactment of this Act and ending on the date that
is—
(A) 10 years after the date of enactment of this Act;
or
(B) 10 years after the date on which a design agreement for the project described in paragraph (1) is executed,

H. R. 7776—1451
if such design agreement is executed prior to the date
that is 10 years after the date of enactment of this Act.
SEC. 8403. FACILITY INVESTMENT.

(a) IN GENERAL.—Subject to subsection (b), using amounts
available in the revolving fund established by the first section
of the Civil Functions Appropriations Act, 1954 (33 U.S.C. 576),
and not otherwise obligated, the Secretary may—
(1) design and construct the lab and office facility for a
Mandatory Center of Expertise in Branson, Missouri, described
in the prospectus submitted to the Committee on Transportation and Infrastructure of the House of Representatives and
the Committee on Environment and Public Works of the Senate
on June 10, 2022, pursuant to subsection (c) of such Act (33
U.S.C. 576(c)), substantially in accordance with such prospectus; and
(2) carry out such construction and infrastructure improvements as are required to support such lab and office facility,
including any necessary demolition of the existing infrastructure.
(b) REQUIREMENT.—In carrying out subsection (a), the Secretary
shall ensure that the revolving fund established by the first section
of the Civil Functions Appropriations Act, 1954 (33 U.S.C. 576)
is appropriately reimbursed from funds appropriated for Corps of
Engineers programs that benefit from the lab and office facility
constructed under this section.

TITLE LXXXV—CLEAN WATER
Sec. 8501. Regional water programs.
Sec. 8502. Nonpoint source management programs.
Sec. 8503. Wastewater assistance to colonias.
SEC. 8501. REGIONAL WATER PROGRAMS.

(a) SAN FRANCISCO BAY RESTORATION GRANT PROGRAM.—Title
I of the Federal Water Pollution Control Act (33 U.S.C. 1251 et
seq.) is amended by adding at the end the following:
‘‘SEC. 125. SAN FRANCISCO BAY RESTORATION GRANT PROGRAM.

‘‘(a) DEFINITIONS.—In this section:
‘‘(1) ESTUARY PARTNERSHIP.—The term ‘Estuary Partnership’ means the San Francisco Estuary Partnership, designated
as the management conference for the San Francisco Bay under
section 320.
‘‘(2) SAN FRANCISCO BAY PLAN.—The term ‘San Francisco
Bay Plan’ means—
‘‘(A) until the date of the completion of the plan developed by the Director under subsection (d), the comprehensive conservation and management plan approved under
section 320 for the San Francisco Bay estuary; and
‘‘(B) on and after the date of the completion of the
plan developed by the Director under subsection (d), the
plan developed by the Director under subsection (d).
‘‘(b) PROGRAM OFFICE.—
‘‘(1) ESTABLISHMENT.—The Administrator shall establish
in the Environmental Protection Agency a San Francisco Bay
Program Office. The Office shall be located at the headquarters
of Region 9 of the Environmental Protection Agency.

H. R. 7776—1452
‘‘(2) APPOINTMENT OF DIRECTOR.—The Administrator shall
appoint a Director of the Office, who shall have management
experience and technical expertise relating to the San Francisco
Bay and be highly qualified to direct the development and
implementation of projects, activities, and studies necessary
to implement the San Francisco Bay Plan.
‘‘(3) DELEGATION OF AUTHORITY; STAFFING.—The Administrator shall delegate to the Director such authority and provide
such staff as may be necessary to carry out this section.
‘‘(c) ANNUAL PRIORITY LIST.—
‘‘(1) IN GENERAL.—After providing public notice, the
Director shall annually compile a priority list, consistent with
the San Francisco Bay Plan, identifying and prioritizing the
projects, activities, and studies to be carried out with amounts
made available under subsection (e).
‘‘(2) INCLUSIONS.—The annual priority list compiled under
paragraph (1) shall include the following:
‘‘(A) Projects, activities, and studies, including restoration projects and habitat improvement for fish, waterfowl,
and wildlife, that advance the goals and objectives of the
San Francisco Bay Plan, for—
‘‘(i) water quality improvement, including the
reduction of marine litter;
‘‘(ii) wetland, riverine, and estuary restoration and
protection;
‘‘(iii) nearshore and endangered species recovery;
and
‘‘(iv) adaptation to climate change.
‘‘(B) Information on the projects, activities, and studies
specified under subparagraph (A), including—
‘‘(i) the identity of each entity receiving assistance
pursuant to subsection (e); and
‘‘(ii) a description of the communities to be served.
‘‘(C) The criteria and methods established by the
Director for identification of projects, activities, and studies
to be included on the annual priority list.
‘‘(3) CONSULTATION.—In compiling the annual priority list
under paragraph (1), the Director shall consult with, and consider the recommendations of—
‘‘(A) the Estuary Partnership;
‘‘(B) the State of California and affected local governments in the San Francisco Bay estuary watershed;
‘‘(C) the San Francisco Bay Restoration Authority; and
‘‘(D) any other relevant stakeholder involved with the
protection and restoration of the San Francisco Bay estuary
that the Director determines to be appropriate.
‘‘(d) SAN FRANCISCO BAY PLAN.—
‘‘(1) IN GENERAL.—Not later than 5 years after the date
of enactment of this section, the Director, in conjunction with
the Estuary Partnership, shall review and revise the comprehensive conservation and management plan approved under
section 320 for the San Francisco Bay estuary to develop a
plan to guide the projects, activities, and studies of the Office
to address the restoration and protection of the San Francisco
Bay.
‘‘(2) REVISION OF SAN FRANCISCO BAY PLAN.—Not less often
than once every 5 years after the date of the completion of

H. R. 7776—1453
the plan described in paragraph (1), the Director shall review,
and revise as appropriate, the San Francisco Bay Plan.
‘‘(3) OUTREACH.—In carrying out this subsection, the
Director shall consult with the Estuary Partnership and Indian
tribes and solicit input from other non-Federal stakeholders.
‘‘(e) GRANT PROGRAM.—
‘‘(1) IN GENERAL.—The Director may provide funding
through cooperative agreements, grants, or other means to
State and local agencies, special districts, and public or nonprofit agencies, institutions, and organizations, including the
Estuary Partnership, for projects, activities, and studies identified on the annual priority list compiled under subsection (c).
‘‘(2) MAXIMUM AMOUNT OF GRANTS; NON-FEDERAL SHARE.—
‘‘(A) MAXIMUM AMOUNT OF GRANTS.—Amounts provided
to any entity under this section for a fiscal year shall
not exceed an amount equal to 75 percent of the total
cost of any projects, activities, and studies that are to
be carried out using those amounts.
‘‘(B) NON-FEDERAL SHARE.—Not less than 25 percent
of the cost of any project, activity, or study carried out
using amounts provided under this section shall be provided from non-Federal sources.
‘‘(f) FUNDING.—
‘‘(1) ADMINISTRATIVE EXPENSES.—Of the amount made
available to carry out this section for a fiscal year, the Director
may not use more than 5 percent to pay administrative
expenses incurred in carrying out this section.
‘‘(2) PROHIBITION.—No amounts made available under this
section may be used for the administration of a management
conference under section 320.’’.
(b) PUGET SOUND COORDINATED RECOVERY.—Title I of the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) is further
amended by adding at the end the following:
‘‘SEC. 126. PUGET SOUND.

‘‘(a) DEFINITIONS.—In this section:
‘‘(1) COASTAL NONPOINT POLLUTION CONTROL PROGRAM.—
The term ‘Coastal Nonpoint Pollution Control Program’ means
the State of Washington’s Coastal Nonpoint Pollution Control
Program approved under section 6217 of the Coastal Zone
Act Reauthorization Amendments of 1990.
‘‘(2) DIRECTOR.—The term ‘Director’ means the Director
of the Program Office.
‘‘(3) FEDERAL ACTION PLAN.—The term ‘Federal Action Plan’
means the plan developed under subsection (c)(3)(B).
‘‘(4) INTERNATIONAL JOINT COMMISSION.—The term ‘International Joint Commission’ means the International Joint
Commission established by the Treaty relating to the boundary
waters and questions arising along the boundary between the
United States and Canada, signed at Washington January 11,
1909, and entered into force May 5, 1910 (36 Stat. 2448; TS
548; 12 Bevans 319).
‘‘(5) PACIFIC SALMON COMMISSION.—The term ‘Pacific
Salmon Commission’ means the Pacific Salmon Commission
established by the United States and Canada under the Treaty
concerning Pacific salmon, with annexes and memorandum of
understanding, signed at Ottawa January 28, 1985, and entered

H. R. 7776—1454
into force March 18, 1985 (TIAS 11091; 1469 UNTS 357) (commonly known as the ‘Pacific Salmon Treaty’).
‘‘(6) PROGRAM OFFICE.—The term ‘Program Office’ means
the Puget Sound Recovery National Program Office established
by subsection (b).
‘‘(7) PUGET SOUND ACTION AGENDA; ACTION AGENDA.—The
term ‘Puget Sound Action Agenda’ or ‘Action Agenda’ means
the most recent plan developed by the Puget Sound National
Estuary Program Management Conference, in consultation with
the Puget Sound Tribal Management Conference, and approved
by the Administrator as the comprehensive conservation and
management plan for the Puget Sound under section 320.
‘‘(8) PUGET SOUND FEDERAL LEADERSHIP TASK FORCE.—The
term ‘Puget Sound Federal Leadership Task Force’ means the
Puget Sound Federal Leadership Task Force established under
subsection (c).
‘‘(9) PUGET SOUND FEDERAL TASK FORCE.—The term ‘Puget
Sound Federal Task Force’ means the Puget Sound Federal
Task Force established in 2016 under a memorandum of understanding among 9 Federal agencies.
‘‘(10) PUGET SOUND NATIONAL ESTUARY PROGRAM MANAGEMENT CONFERENCE.—The term ‘Puget Sound National Estuary
Program Management Conference’ means the management conference for the Puget Sound convened pursuant to section 320.
‘‘(11) PUGET SOUND PARTNERSHIP.—The term ‘Puget Sound
Partnership’ means the State agency created under the laws
of the State of Washington (section 90.71.210 of the Revised
Code of Washington), or its successor agency that has been
designated by the Administrator as the lead entity to support
the Puget Sound National Estuary Program Management Conference.
‘‘(12) PUGET SOUND REGION.—
‘‘(A) IN GENERAL.—The term ‘Puget Sound region’
means the land and waters in the northwest corner of
the State of Washington from the Canadian border to the
north to the Pacific Ocean on the west, including Hood
Canal and the Strait of Juan de Fuca.
‘‘(B) INCLUSION.—The term ‘Puget Sound region’
includes all watersheds that drain into the Puget Sound.
‘‘(13) PUGET SOUND TRIBAL MANAGEMENT CONFERENCE.—
The term ‘Puget Sound Tribal Management Conference’ means
the 20 treaty Indian tribes of western Washington and the
Northwest Indian Fisheries Commission.
‘‘(14) SALISH SEA.—The term ‘Salish Sea’ means the network of coastal waterways on the west coast of North America
that includes the Puget Sound, the Strait of Georgia, and
the Strait of Juan de Fuca.
‘‘(15) SALMON RECOVERY PLANS.—The term ‘Salmon
Recovery Plans’ means the recovery plans for salmon and
steelhead species approved by the Secretary of the Interior
under section 4(f) of the Endangered Species Act of 1973 that
are applicable to the Puget Sound region.
‘‘(16) STATE ADVISORY COMMITTEE.—The term ‘State
Advisory Committee’ means the advisory committee established
by subsection (d).
‘‘(17) TREATY RIGHTS AT RISK INITIATIVE.—The term ‘Treaty
Rights at Risk Initiative’ means the report from the treaty

H. R. 7776—1455
Indian tribes of western Washington entitled ‘Treaty Rights
At Risk: Ongoing Habitat Loss, the Decline of the Salmon
Resource, and Recommendations for Change’ and dated July
14, 2011, or its successor report that outlines issues and offers
solutions for the protection of Tribal treaty rights, recovery
of salmon habitat, and management of sustainable treaty and
nontreaty salmon fisheries, including through Tribal salmon
hatchery programs.
‘‘(b) PUGET SOUND RECOVERY NATIONAL PROGRAM OFFICE.—
‘‘(1) ESTABLISHMENT.—There is established in the Environmental Protection Agency a Puget Sound Recovery National
Program Office, to be located in the State of Washington.
‘‘(2) DIRECTOR.—
‘‘(A) IN GENERAL.—There shall be a Director of the
Program Office, who shall have leadership and project
management experience and shall be highly qualified to—
‘‘(i) direct the integration of multiple project planning efforts and programs from different agencies and
jurisdictions; and
‘‘(ii) align numerous, and possibly competing, priorities to accomplish visible and measurable outcomes
under the Action Agenda.
‘‘(B) POSITION.—The position of Director of the Program
Office shall be a career reserved position, as such term
is defined in section 3132 of title 5, United States Code.
‘‘(3) DELEGATION OF AUTHORITY; STAFFING.—Using amounts
made available to carry out this section, the Administrator
shall delegate to the Director such authority and provide such
staff as may be necessary to carry out this section.
‘‘(4) DUTIES.—The Director shall—
‘‘(A) coordinate and manage the timely execution of
the requirements of this section, including the formation
and meetings of the Puget Sound Federal Leadership Task
Force;
‘‘(B) coordinate activities related to the restoration and
protection of the Puget Sound across the Environmental
Protection Agency;
‘‘(C) coordinate and align the activities of the Administrator with the Action Agenda, Salmon Recovery Plans,
the Treaty Rights at Risk Initiative, and the Coastal
Nonpoint Pollution Control Program;
‘‘(D) promote the efficient use of Environmental Protection Agency resources in pursuit of the restoration and
protection of the Puget Sound;
‘‘(E) serve on the Puget Sound Federal Leadership
Task Force and collaborate with, help coordinate, and
implement activities with other Federal agencies that have
responsibilities involving the restoration and protection of
the Puget Sound;
‘‘(F) provide or procure such other advice, technical
assistance, research, assessments, monitoring, or other support as is determined by the Director to be necessary
or prudent to most efficiently and effectively fulfill the
objectives and priorities of the Action Agenda, the Salmon
Recovery Plans, the Treaty Rights at Risk Initiative, and
the Coastal Nonpoint Pollution Control Program, consistent

H. R. 7776—1456
with the best available science, to ensure the health of
the Puget Sound ecosystem;
‘‘(G) track the progress of the Environmental Protection
Agency toward meeting the agency’s specified objectives
and priorities within the Action Agenda and the Federal
Action Plan;
‘‘(H) implement the recommendations of the Comptroller General set forth in the report entitled ‘Puget Sound
Restoration: Additional Actions Could Improve Assessments of Progress’ and dated July 19, 2018;
‘‘(I) serve as liaison and coordinate activities for the
restoration and protection of the Salish Sea with Canadian
authorities, the Pacific Salmon Commission, and the International Joint Commission; and
‘‘(J) carry out such additional duties as the Director
determines necessary and appropriate.
‘‘(c) PUGET SOUND FEDERAL LEADERSHIP TASK FORCE.—
‘‘(1) ESTABLISHMENT.—There is established a Puget Sound
Federal Leadership Task Force.
‘‘(2) MEMBERSHIP.—
‘‘(A) COMPOSITION.—The Puget Sound Federal Leadership Task Force shall be composed of the following members:
‘‘(i) The following individuals appointed by the Secretary of Agriculture:
‘‘(I) A representative of the National Forest
Service.
‘‘(II) A representative of the Natural Resources
Conservation Service.
‘‘(ii) A representative of the National Oceanic and
Atmospheric Administration appointed by the Secretary of Commerce.
‘‘(iii) The following individuals appointed by the
Secretary of Defense:
‘‘(I) A representative of the Corps of Engineers.
‘‘(II) A representative of the Joint Base LewisMcChord.
‘‘(III) A representative of the Commander,
Navy Region Northwest.
‘‘(iv) The Director of the Program Office.
‘‘(v) The following individuals appointed by the
Secretary of Homeland Security:
‘‘(I) A representative of the Coast Guard.
‘‘(II) A representative of the Federal Emergency Management Agency.
‘‘(vi) The following individuals appointed by the
Secretary of the Interior:
‘‘(I) A representative of the Bureau of Indian
Affairs.
‘‘(II) A representative of the United States Fish
and Wildlife Service.
‘‘(III) A representative of the United States
Geological Survey.
‘‘(IV) A representative of the National Park
Service.
‘‘(vii) The following individuals appointed by the
Secretary of Transportation:

H. R. 7776—1457
‘‘(I) A representative of the Federal Highway
Administration.
‘‘(II) A representative of the Federal Transit
Administration.
‘‘(viii) Representatives of such other Federal agencies, programs, and initiatives as the other members
of the Puget Sound Federal Leadership Task Force
determines necessary.
‘‘(B) QUALIFICATIONS.—Members appointed under this
paragraph shall have experience and expertise in matters
of restoration and protection of large watersheds and bodies
of water, or related experience that will benefit the restoration and protection of the Puget Sound.
‘‘(C) CO-CHAIRS.—
‘‘(i) IN GENERAL.—The following members of the
Puget Sound Federal Leadership Task Force shall
serve as Co-Chairs of the Puget Sound Federal Leadership Task Force:
‘‘(I) The representative of the National Oceanic
and Atmospheric Administration.
‘‘(II) The Director of the Program Office.
‘‘(III) The representative of the Corps of Engineers.
‘‘(ii) LEADERSHIP.—The Co-Chairs shall ensure the
Puget Sound Federal Leadership Task Force completes
its duties through robust discussion of all relevant
issues. The Co-Chairs shall share leadership responsibilities equally.
‘‘(3) DUTIES.—
‘‘(A) GENERAL DUTIES.—The Puget Sound Federal
Leadership Task Force shall—
‘‘(i) uphold Federal trust responsibilities to restore
and protect resources crucial to Tribal treaty rights,
including by carrying out government-to-government
consultation with Indian tribes when requested by such
tribes;
‘‘(ii) provide a venue for dialogue and coordination
across all Federal agencies represented by a member
of the Puget Sound Federal Leadership Task Force
to align Federal resources for the purposes of carrying
out the requirements of this section and all other Federal laws that contribute to the restoration and protection of the Puget Sound, including by—
‘‘(I) enabling and encouraging such agencies
to act consistently with the objectives and priorities of the Action Agenda, the Salmon Recovery
Plans, the Treaty Rights at Risk Initiative, and
the Coastal Nonpoint Pollution Control Program;
‘‘(II) facilitating the coordination of Federal
activities that impact such restoration and protection;
‘‘(III) facilitating the delivery of feedback given
by such agencies to the Puget Sound Partnership
during the development of the Action Agenda;
‘‘(IV) facilitating the resolution of interagency
conflicts associated with such restoration and
protection among such agencies;

H. R. 7776—1458
‘‘(V) providing a forum for exchanging information among such agencies regarding activities
being conducted, including obstacles or efficiencies
found, during restoration and protection activities;
and
‘‘(VI) promoting the efficient use of government
resources in pursuit of such restoration and protection through coordination and collaboration,
including by ensuring that the Federal efforts
relating to the science necessary for such restoration and protection are consistent, and not duplicative, across the Federal Government;
‘‘(iii) catalyze public leaders at all levels to work
together toward shared goals by demonstrating interagency best practices coming from such agencies;
‘‘(iv) provide advice and support on scientific and
technical issues and act as a forum for the exchange
of scientific information about the Puget Sound;
‘‘(v) identify and inventory Federal environmental
research and monitoring programs related to the Puget
Sound, and provide such inventory to the Puget Sound
National Estuary Program Management Conference;
‘‘(vi) ensure that Puget Sound restoration and
protection activities are as consistent as practicable
with ongoing restoration and protection and related
efforts in the Salish Sea that are being conducted
by Canadian authorities, the Pacific Salmon Commission, and the International Joint Commission;
‘‘(vii) ensure that Puget Sound restoration and
protection activities are consistent with national security interests;
‘‘(viii) establish any working groups or committees
necessary to assist the Puget Sound Federal Leadership Task Force in its duties, including relating to
public policy and scientific issues; and
‘‘(ix) raise national awareness of the significance
of the Puget Sound.
‘‘(B) PUGET SOUND FEDERAL ACTION PLAN.—
‘‘(i) IN GENERAL.—Not later than 5 years after
the date of enactment of this section, the Puget Sound
Federal Leadership Task Force shall develop and
approve a Federal Action Plan that leverages Federal
programs across agencies and serves to coordinate
diverse programs and priorities for the restoration and
protection of the Puget Sound.
‘‘(ii) REVISION OF PUGET SOUND FEDERAL ACTION
PLAN.—Not less often than once every 5 years after
the date of approval of the Federal Action Plan under
clause (i), the Puget Sound Federal Leadership Task
Force shall review, and revise as appropriate, the Federal Action Plan.
‘‘(C) FEEDBACK BY FEDERAL AGENCIES.—In facilitating
feedback under subparagraph (A)(ii)(III), the Puget Sound
Federal Leadership Task Force shall request Federal agencies to consider, at a minimum, possible Federal actions
within the Puget Sound region designed to—

H. R. 7776—1459
‘‘(i) further the goals, targets, and actions of the
Action Agenda, the Salmon Recovery Plans, the Treaty
Rights at Risk Initiative, and the Coastal Nonpoint
Pollution Control Program;
‘‘(ii) as applicable, implement and enforce this Act,
the Endangered Species Act of 1973, and all other
Federal laws that contribute to the restoration and
protection of the Puget Sound, including those that
protect Tribal treaty rights;
‘‘(iii) prevent the introduction and spread of
invasive species;
‘‘(iv) protect marine and wildlife habitats;
‘‘(v) protect, restore, and conserve forests, wetlands, riparian zones, and nearshore waters;
‘‘(vi) promote resilience to climate change and
ocean acidification effects;
‘‘(vii) restore fisheries so that they are sustainable
and productive;
‘‘(viii) preserve biodiversity;
‘‘(ix) restore and protect ecosystem services that
provide clean water, filter toxic chemicals, and increase
ecosystem resilience; and
‘‘(x) improve water quality, including by preventing
and managing stormwater runoff, incorporating erosion
control techniques and trash capture devices, using
sustainable stormwater practices, and mitigating and
minimizing nonpoint source pollution, including marine
litter.
‘‘(4) PARTICIPATION OF STATE ADVISORY COMMITTEE AND
PUGET SOUND TRIBAL MANAGEMENT CONFERENCE.—The Puget
Sound Federal Leadership Task Force shall carry out its duties
with input from, and in collaboration with, the State Advisory
Committee and the Puget Sound Tribal Management Conference, including by seeking advice and recommendations on
the actions, progress, and issues pertaining to the restoration
and protection of the Puget Sound.
‘‘(5) MEETINGS.—
‘‘(A) INITIAL MEETING.—The Puget Sound Federal
Leadership Task Force shall meet not later than 180 days
after the date of enactment of this section—
‘‘(i) to determine if all Federal agencies are properly represented;
‘‘(ii) to establish the bylaws of the Puget Sound
Federal Leadership Task Force;
‘‘(iii) to establish necessary working groups or
committees; and
‘‘(iv) to determine subsequent meeting times, dates,
and logistics.
‘‘(B) SUBSEQUENT MEETINGS.—After the initial meeting,
the Puget Sound Federal Leadership Task Force shall meet,
at a minimum, twice per year to carry out the duties
of the Puget Sound Federal Leadership Task Force.
‘‘(C) WORKING GROUP MEETINGS.—A meeting of any
established working group or committee of the Puget Sound
Federal Leadership Task Force shall not be considered
a biannual meeting for purposes of subparagraph (B).

H. R. 7776—1460
‘‘(D) JOINT MEETINGS.—The Puget Sound Federal
Leadership Task Force—
‘‘(i) shall offer to meet jointly with the Puget Sound
National Estuary Program Management Conference
and the Puget Sound Tribal Management Conference,
at a minimum, once per year; and
‘‘(ii) may consider such a joint meeting to be a
biannual meeting of the Puget Sound Federal Leadership Task Force for purposes of subparagraph (B).
‘‘(E) QUORUM.—A simple majority of the members of
the Puget Sound Federal Leadership Task Force shall constitute a quorum.
‘‘(F) VOTING.—For the Puget Sound Federal Leadership
Task Force to take an official action, a quorum shall be
present, and at least a two-thirds majority of the members
present shall vote in the affirmative.
‘‘(6) PUGET SOUND FEDERAL LEADERSHIP TASK FORCE PROCEDURES AND ADVICE.—
‘‘(A) ADVISORS.—The Puget Sound Federal Leadership
Task Force may seek advice and input from any interested,
knowledgeable, or affected party as the Puget Sound Federal Leadership Task Force determines necessary to perform its duties.
‘‘(B) COMPENSATION.—A member of the Puget Sound
Federal Leadership Task Force shall receive no additional
compensation for service as a member on the Puget Sound
Federal Leadership Task Force.
‘‘(C) TRAVEL EXPENSES.—Travel expenses incurred by
a member of the Puget Sound Federal Leadership Task
Force in the performance of service on the Puget Sound
Federal Leadership Task Force may be paid by the agency
that the member represents.
‘‘(7) PUGET SOUND FEDERAL TASK FORCE.—
‘‘(A) IN GENERAL.—On the date of enactment of this
section, the 2016 memorandum of understanding establishing the Puget Sound Federal Task Force shall cease
to be effective.
‘‘(B) USE OF PREVIOUS WORK.—The Puget Sound Federal Leadership Task Force shall, to the extent practicable,
use the work product produced, relied upon, and analyzed
by the Puget Sound Federal Task Force in order to avoid
duplicating the efforts of the Puget Sound Federal Task
Force.
‘‘(d) STATE ADVISORY COMMITTEE.—
‘‘(1) ESTABLISHMENT.—There is established a State
Advisory Committee.
‘‘(2) MEMBERSHIP.—The State Advisory Committee shall
consist of up to seven members designated by the governing
body of the Puget Sound Partnership, in consultation with
the Governor of Washington, who will represent Washington
State agencies that have significant roles and responsibilities
related to the restoration and protection of the Puget Sound.
‘‘(e) PUGET SOUND FEDERAL LEADERSHIP TASK FORCE BIENNIAL
REPORT ON PUGET SOUND RESTORATION AND PROTECTION ACTIVITIES.—
‘‘(1) IN GENERAL.—Not later than 1 year after the date
of enactment of this section, and biennially thereafter, the

H. R. 7776—1461
Puget Sound Federal Leadership Task Force, in collaboration
with the Puget Sound Tribal Management Conference and the
State Advisory Committee, shall submit to the President, Congress, the Governor of Washington, and the governing body
of the Puget Sound Partnership a report that summarizes the
progress, challenges, and milestones of the Puget Sound Federal
Leadership Task Force relating to the restoration and protection
of the Puget Sound.
‘‘(2) CONTENTS.—The report submitted under paragraph
(1) shall include a description of the following:
‘‘(A) The roles and progress of each State, local government entity, and Federal agency that has jurisdiction in
the Puget Sound region relating to meeting the identified
objectives and priorities of the Action Agenda, the Salmon
Recovery Plans, the Treaty Rights at Risk Initiative, and
the Coastal Nonpoint Pollution Control Program.
‘‘(B) If available, the roles and progress of Tribal
governments that have jurisdiction in the Puget Sound
region relating to meeting the identified objectives and
priorities of the Action Agenda, the Salmon Recovery Plans,
the Treaty Rights at Risk Initiative, and the Coastal
Nonpoint Pollution Control Program.
‘‘(C) A summary of specific recommendations concerning implementation of the Action Agenda and the Federal Action Plan, including challenges, barriers, and anticipated milestones, targets, and timelines.
‘‘(D) A summary of progress made by Federal agencies
toward the priorities identified in the Federal Action Plan.
‘‘(f) TRIBAL RIGHTS AND CONSULTATION.—
‘‘(1) PRESERVATION OF TRIBAL TREATY RIGHTS.—Nothing in
this section affects, or is intended to affect, any right reserved
by treaty between the United States and one or more Indian
tribes.
‘‘(2) CONSULTATION.—Nothing in this section affects any
authorization or obligation of a Federal agency to consult with
an Indian tribe under any other provision of law.
‘‘(g) CONSISTENCY.—
‘‘(1) IN GENERAL.—Actions authorized or implemented
under this section shall be consistent with—
‘‘(A) the Salmon Recovery Plans;
‘‘(B) the Coastal Nonpoint Pollution Control Program;
and
‘‘(C) the water quality standards of the State of Washington approved by the Administrator under section 303.
‘‘(2) FEDERAL ACTIONS.—All Federal agencies represented
on the Puget Sound Federal Leadership Task Force shall act
consistently with the protection of Tribal, treaty-reserved rights
and, to the greatest extent practicable given such agencies’
existing obligations under Federal law, act consistently with
the objectives and priorities of the Action Agenda, the Salmon
Recovery Plans, the Treaty Rights at Risk Initiative, and the
Coastal Nonpoint Pollution Control Program, when—
‘‘(A) conducting Federal agency activities within or outside the Puget Sound that affect any land or water use
or natural resources of the Puget Sound region, including
activities performed by a contractor for the benefit of a
Federal agency;

H. R. 7776—1462
‘‘(B) interpreting and enforcing regulations that impact
the restoration and protection of the Puget Sound;
‘‘(C) issuing Federal licenses or permits that impact
the restoration and protection of the Puget Sound; and
‘‘(D) granting Federal assistance to State, local, and
Tribal governments for activities related to the restoration
and protection of the Puget Sound.’’.
(c) LAKE PONTCHARTRAIN BASIN RESTORATION PROGRAM.—
(1) REVIEW OF COMPREHENSIVE MANAGEMENT PLAN.—Section 121 of the Federal Water Pollution Control Act (33 U.S.C.
1273) is amended—
(A) in subsection (c)—
(i) in paragraph (5), by striking ‘‘; and’’ and
inserting a semicolon;
(ii) in paragraph (6), by striking the period and
inserting ‘‘; and’’; and
(iii) by adding at the end the following:
‘‘(7) ensure that the comprehensive conservation and
management plan approved for the Basin under section 320
is reviewed and revised in accordance with section 320 not
less often than once every 5 years, beginning on the date
of enactment of this paragraph.’’; and
(B) in subsection (d), by striking ‘‘recommended by
a management conference convened for the Basin under
section 320’’ and inserting ‘‘identified in the comprehensive
conservation and management plan approved for the Basin
under section 320’’.
(2) DEFINITIONS.—Section 121(e)(1) of the Federal Water
Pollution Control Act (33 U.S.C. 1273(e)(1)) is amended by
striking ‘‘, a 5,000 square mile’’ and inserting ‘‘, a 10,000 square
mile’’.
(3) ADMINISTRATIVE COSTS.—Section 121(f) of the Federal
Water Pollution Control Act (33 U.S.C. 1273(f)) is amended
by adding at the end the following:
‘‘(3) ADMINISTRATIVE EXPENSES.—Not more than 5 percent
of the amounts appropriated to carry out this section may
be used for administrative expenses.’’.
SEC. 8502. NONPOINT SOURCE MANAGEMENT PROGRAMS.

Section 319(j) of the Federal Water Pollution Control Act (33
U.S.C. 1329(j)) is amended by striking ‘‘subsections (h) and (i)
not to exceed’’ and all that follows through ‘‘fiscal year 1991’’ and
inserting ‘‘subsections (h) and (i) $200,000,000 for each of fiscal
years 2023 through 2027’’.
SEC. 8503. WASTEWATER ASSISTANCE TO COLONIAS.

Section 307 of the Safe Drinking Water Act Amendments of
1996 (33 U.S.C. 1281 note) is amended—
(1) in subsection (a)—
(A) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and
(B) by inserting after paragraph (1) the following:
‘‘(2) COVERED ENTITY.—The term ‘covered entity’ means
each of the following:
‘‘(A) A border State.
‘‘(B) A local government with jurisdiction over an
eligible community.’’;

H. R. 7776—1463
(2) in subsection (b), by striking ‘‘border State’’ and
inserting ‘‘covered entity’’;
(3) in subsection (d), by striking ‘‘shall not exceed 50 percent’’ and inserting ‘‘may not be less than 80 percent’’; and
(4) in subsection (e)—
(A) by striking ‘‘$25,000,000’’ and inserting
‘‘$100,000,000’’; and
(B) by striking ‘‘1997 through 1999’’ and inserting
‘‘2023 through 2027’’.

DIVISION I—DEPARTMENT OF STATE
AUTHORIZATIONS
SEC. 9001. SHORT TITLE.

This division may be cited as the ‘‘Department of State
Authorization Act of 2022’’.
SEC. 9002. DEFINITIONS.

In this division:
(1) ADMINISTRATOR.—The term ‘‘Administrator’’ means the
Administrator of USAID.
(2) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term
‘‘appropriate congressional committees’’ means the Committee
on Foreign Relations of the Senate and the Committee on
Foreign Affairs of the House of Representatives.
(3) DEPARTMENT.—Unless otherwise specified, the term
‘‘Department’’ means the Department of State.
(4) SECRETARY.—Unless otherwise specified, the term ‘‘Secretary’’ means the Secretary of State.
(5) USAID.—The term ‘‘USAID’’ means the United States
Agency for International Development.

TITLE XCI—ORGANIZATION AND OPERATIONS OF THE DEPARTMENT OF
STATE
SEC.

9101.

MODERNIZING THE BUREAU OF ARMS CONTROL,
VERIFICATION, AND COMPLIANCE AND THE BUREAU OF
INTERNATIONAL SECURITY AND NONPROLIFERATION.

It is the sense of Congress that—
(1) the Secretary should take steps to address staffing
shortfalls in the chemical, biological, and nuclear weapons issue
areas in the Bureau of Arms Control, Verification and Compliance and in the Bureau of International Security and Nonproliferation;
(2) maintaining a fully staffed and resourced Bureau of
Arms Control, Verification and Compliance and Bureau of International Security and Nonproliferation is necessary to effectively confront the threat of increased global proliferation; and
(3) the Secretary, acting through the Bureau of Arms Control, Verification and Compliance and the Bureau of International Security and Nonproliferation, should increase efforts
and dedicate resources to combat the dangers posed by the
People’s Republic of China’s conventional and nuclear build-

H. R. 7776—1464
up, the Russian Federation’s tactical nuclear weapons and new
types of nuclear weapons, bioweapons proliferation, dual use
of life sciences research, and chemical weapons.
SEC.

9102.

NOTIFICATION TO CONGRESS FOR UNITED STATES
NATIONALS UNLAWFULLY OR WRONGFULLY DETAINED
ABROAD.

Section 302 of the Robert Levinson Hostage Recovery and Hostage-Taking Accountability Act (22 U.S.C. 1741) is amended—
(1) in subsection (a), in the matter preceding paragraph
(1), by inserting ‘‘, as expeditiously as possible,’’ after ‘‘review’’;
and
(2) by amending subsection (b) to read as follows:
‘‘(b) REFERRALS TO SPECIAL ENVOY; NOTIFICATION TO CONGRESS.—
‘‘(1) IN GENERAL.—Upon a determination by the Secretary
of State, based on the totality of the circumstances, that there
is credible information that the detention of a United States
national abroad is unlawful or wrongful, and regardless of
whether the detention is by a foreign government or a nongovernmental actor, the Secretary shall—
‘‘(A) expeditiously transfer responsibility for such case
from the Bureau of Consular Affairs of the Department
of State to the Special Presidential Envoy for Hostage
Affairs; and
‘‘(B) not later than 14 days after such determination,
notify the Committee on Foreign Relations of the Senate,
the Select Committee on Intelligence of the Senate, the
Committee on Foreign Affairs of the House of Representatives, and the Permanent Select Committee on Intelligence
of the House of Representatives of such determination and
provide such committees with a summary of the facts that
led to such determination.
‘‘(2) FORM.—The notification described in paragraph (1)(B)
may be classified, if necessary.’’.
SEC. 9103. FAMILY ENGAGEMENT COORDINATOR.

Section 303 of the Robert Levinson Hostage Recovery and Hostage-Taking Accountability Act (22 U.S.C. 1741a) is amended by
adding at the end the following:
‘‘(d) FAMILY ENGAGEMENT COORDINATOR.—There shall be, in
the Office of the Special Presidential Envoy for Hostage Affairs,
a Family Engagement Coordinator, who shall ensure—
‘‘(1) for a United States national unlawfully or wrongfully
detained abroad, that—
‘‘(A) any interaction by executive branch officials with
any family member of such United States national occurs
in a coordinated fashion;
‘‘(B) such family member receives consistent and
accurate information from the United States Government;
and
‘‘(C) appropriate coordination with the Family Engagement Coordinator described in section 304(c)(2); and
‘‘(2) for a United States national held hostage abroad, that
any engagement with a family member is coordinated with,
consistent with, and not duplicative of the efforts of the Family
Engagement Coordinator described in section 304(c)(2).’’.

H. R. 7776—1465
SEC. 9104. REWARDS FOR JUSTICE.

Section 36(b) of the State Department Basic Authorities Act
of 1956 (22 U.S.C. 2708(b)) is amended—
(1) in paragraph (4), by striking ‘‘or (10);’’ and inserting
‘‘(10), or (14);’’;
(2) in paragraph (12), by striking ‘‘or’’ at the end;
(3) in paragraph (13), by striking the period at the end
and inserting ‘‘; or’’; and
(4) by adding at the end the following:
‘‘(14) the prevention, frustration, or resolution of the hostage taking of a United States person, the identification, location, arrest, or conviction of a person responsible for the hostage
taking of a United States person, or the location of a United
States person who has been taken hostage, in any country.’’.
SEC. 9105. ENSURING GEOGRAPHIC DIVERSITY AND ACCESSIBILITY
OF PASSPORT AGENCIES.

(a) SENSE OF CONGRESS.—It is the sense of Congress that
Department initiatives to expand passport services and accessibility,
including through online modernization projects, should include
the construction of new physical passport agencies.
(b) REVIEW.—The Secretary shall conduct a review of the
geographic diversity and accessibility of existing passport agencies
to identify—
(1) the geographic areas in the continental United States
that are farther than 6 hours’ driving distance from the nearest
passport agency;
(2) the per capita demand for passport services in the
areas described in paragraph (1); and
(3) a plan to ensure that in-person services at physical
passport agencies are accessible to all eligible Americans,
including Americans living in large population centers, in rural
areas, and in States with a high per capita demand for passport
services.
(c) CONSIDERATIONS.—The Secretary shall consider the metrics
identified in paragraphs (1) and (2) of subsection (b) when determining locations for the establishment of new physical passport
agencies.
(d) REPORT.—Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit a report to the
Committee on Foreign Relations of the Senate, the Committee
on Appropriations of the Senate, the Committee on Foreign Affairs
of the House of Representatives, and the Committee on Appropriations of the House of Representatives that contains the findings
of the review conducted pursuant to subsection (b).
SEC. 9106. CULTURAL ANTIQUITIES TASK FORCE.

The Secretary is authorized to use up to $1,200,000 for grants
to carry out the activities of the Cultural Antiquities Task Force.
SEC. 9107. OFFICE OF SANCTIONS COORDINATION.

(a) EXTENSION OF AUTHORITIES.—Section 1 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2651a) is amended,
in paragraph (4)(B) of subsection (l), as redesignated by section
9502(a)(2) of this Act, by striking ‘‘the date that is two years
after the date of the enactment of this subsection’’ and inserting
‘‘December 31, 2024’’.

H. R. 7776—1466
(b) BRIEFING.—Not later than 90 days after the date of the
enactment of this Act, the Secretary of the Treasury, or the Secretary’s designee, shall brief the appropriate congressional committees with respect to the steps that the Office of Sanctions Coordination has taken to coordinate its activities with the Department
of the Treasury and humanitarian aid programs, in an effort to
help ensure appropriate flows of humanitarian assistance and goods
to countries subject to United States sanctions.
SEC. 9108. SENSE OF CONGRESS AND STRATEGIC PLAN REGARDING
THE DEPARTMENT OF STATE’S UNIT FOR SUBNATIONAL
DIPLOMACY.

(a) DEFINITIONS.—In this section:
(1) MUNICIPAL.—The term ‘‘municipal’’ means the government of a city in the United States with a population of not
fewer than 100,000 people.
(2) STATE.—The term ‘‘State’’ means the 50 States of the
United States, the District of Columbia, and any territory or
possession of the United States.
(3) SUBNATIONAL ENGAGEMENT.—The term ‘‘subnational
engagement’’ means formal meetings or events between elected
officials of a State or municipal government and their foreign
counterparts.
(b) SENSE OF CONGRESS.—It is the sense of Congress that—
(1) the growth of subnational cooperation has enabled
States and municipalities to play an increasingly significant
role in foreign policy and complement the efforts of the Department;
(2) the Department’s recently established Unit for Subnational Diplomacy will play a critical role in leveraging the
Department’s resources to support State and municipal governments in conducting subnational engagement and increasing
cooperation with foreign allies and partners; and
(3) in facilitating such subnational engagements, the
Department should engage with a broad array of United States
cities without regard to their population size or location;
(c) STRATEGIC PLAN.—The Special Representative for Subnational Diplomacy shall submit a strategic plan to the appropriate
congressional committees for the operations of the Unit for Subnational Diplomacy, including the Department’s plans for—
(1) supporting subnational engagements involving policymakers from urban and rural areas to improve United States
foreign policy effectiveness;
(2) enhancing the awareness, understanding, and involvement of United States citizens, including citizens residing in
urban and rural areas, in the foreign policy process;
(3) countering subnational diplomacy efforts from adversarial nations;
(4) strengthening engagement with foreign subnational
governments; and
(5) any other operations that the Secretary determines
to be relevant.
(d) RULE OF CONSTRUCTION.—Nothing in this subsection may
be construed to preclude—
(1) the Unit for Subnational Diplomacy Office from being
elevated to a bureau within the Department; or

H. R. 7776—1467
(2) the Special Representative for Subnational Diplomacy
from being elevated to an Assistant Secretary if the addition
of such Assistant Secretary position does not increase the
number of Assistant Secretary positions at the Department
above the number of such positions authorized under section
1(c)(1) of the State Department Basic Authorities Act of 1956
(22 U.S.C. 2651a(c)(1)).

TITLE XCII—PERSONNEL ISSUES
SEC. 9201. DEPARTMENT OF STATE PAID STUDENT INTERNSHIP PROGRAM.

(a) IN GENERAL.—The Secretary shall establish the Department
of State Student Internship Program (referred to in this section
as the ‘‘Program’’) to offer internship opportunities at the Department to eligible students to raise awareness of the essential role
of diplomacy in the conduct of United States foreign policy and
the realization of United States foreign policy objectives.
(b) ELIGIBILITY.—
(1) IN GENERAL.—An applicant is eligible to participate
in the Program if the applicant is enrolled at—
(A) an institution of higher education (as such term
is defined in section 102(a) of the Higher Education Act
of 1965 (20 U.S.C. 1002(a))); or
(B) an institution of higher education based outside
the United States, as determined by the Secretary of State.
(2) ADDITIONAL ELIGIBILITY CRITERIA.—An applicant in the
Program should be—
(A) enrolled at least half-time in an institution
described in paragraph (1); and
(B) eligible to receive and hold an appropriate security
clearance.
(c) SELECTION.—The Secretary shall establish selection criteria
for students to be admitted into the Program that includes a demonstrated interest in a career in foreign affairs.
(d) OUTREACH.—The Secretary shall—
(1) widely advertise the Program, including—
(A) on the internet;
(B) through the Department’s Diplomats in Residence
program; and
(C) through other outreach and recruiting initiatives
targeting undergraduate and graduate students; and
(2) conduct targeted outreach to encourage participation
in the Program from—
(A) individuals belonging to an underrepresented
group; and
(B) students enrolled at minority-serving institutions
(which shall include any institution listed in section 371(a)
of the Higher Education Act of 1965 (20 U.S.C. 1067q(a)).
(e) COMPENSATION.—
(1) HOUSING ASSISTANCE.—
(A) ABROAD.—The Secretary shall provide housing
assistance to any student participating in the Program
whose permanent address is within the United States if
the location of the internship in which such student is
participating is outside of the United States.

H. R. 7776—1468
(B) DOMESTIC.—The Secretary may provide housing
assistance to a student participating in the Program whose
permanent address is within the United States if the location of the internship in which such student is participating
is more than 50 miles away from such student’s permanent
address.
(2) TRAVEL ASSISTANCE.—The Secretary shall provide a student participating in the Program whose permanent address
is within the United States with financial assistance that is
sufficient to cover the travel costs of a single round trip by
air, train, bus, or other appropriate transportation between
the student’s permanent address and the location of the internship in which such student is participating if such location
is—
(A) more than 50 miles from the student’s permanent
address; or
(B) outside of the United States.
(f) WORKING WITH INSTITUTIONS OF HIGHER EDUCATION.—The
Secretary, to the maximum extent practicable, shall structure
internships to ensure that such internships satisfy criteria for academic credit at the institutions of higher education in which participants in such internships are enrolled.
(g) TRANSITION PERIOD.—
(1) IN GENERAL.—Except as provided in paragraphs (2)
and (3), beginning not later than 2 years after the date of
the enactment of this Act—
(A) the Secretary shall convert unpaid internship programs of the Department, including the Foreign Service
Internship Program, to internship programs that offer compensation; and
(B) upon selection as a candidate for entry into an
internship program of the Department, a participant in
such internship program may refuse compensation,
including if doing so allows such participant to receive
college or university curricular credit.
(2) EXCEPTION.—The transition required under paragraph
(1) shall not apply to unpaid internship programs of the Department that are part of the Virtual Student Federal Service
internship program.
(3) WAIVER.—
(A) IN GENERAL.—The Secretary may waive the
requirement under paragraph (1)(A) with respect to a particular unpaid internship program if the Secretary, not
later than 30 days after making a determination that the
conversion of such internship program to a compensated
internship program would not be consistent with effective
management goals, submits a report explaining such determination to—
(i) the appropriate congressional committees;
(ii) the Committee on Appropriations of the Senate;
and
(iii) the Committee on Appropriations of the House
of Representatives.
(B) REPORT.—The report required under subparagraph
(A) shall—
(i) describe the reasons why converting an unpaid
internship program of the Department to an internship

H. R. 7776—1469
program that offers compensation would not be consistent with effective management goals; and
(ii)(I) provide justification for maintaining such
unpaid status indefinitely; or
(II) identify any additional authorities or resources
that would be necessary to convert such unpaid internship program to offer compensation in the future.
(h) REPORTS.—Not later than 18 months after the date of the
enactment of this Act, the Secretary shall submit a report to the
committees referred to in subsection (g)(3)(A) that includes—
(1) data, to the extent the collection of such information
is permissible by law, regarding the number of students who
applied to the Program, were offered a position, and participated, respectively, disaggregated by race, ethnicity, sex,
institution of higher education, home State, State where each
student graduated from high school, and disability status;
(2) data regarding the number of security clearance investigations initiated for the students described in paragraph (1),
including the timeline for such investigations, whether such
investigations were completed, and when an interim security
clearance was granted;
(3) information on Program expenditures;
(4) information regarding the Department’s compliance
with subsection (g); and
(5) the number of internship participants subsequently
employed by the Department, if any, following their participation in the Program.
(i) VOLUNTARY PARTICIPATION.—
(1) IN GENERAL.—Nothing in this section may be construed
to compel any student who is a participant in an internship
program of the Department to participate in the collection
of the data or divulge any personal information. Such students
shall be informed that their participation in the data collection
under this section is voluntary.
(2) PRIVACY PROTECTION.—Any data collected under this
section shall be subject to the relevant privacy protection statutes and regulations applicable to Federal employees.
(j) SPECIAL HIRING AUTHORITY.—Notwithstanding any other
provision of law, the Secretary, in consultation with the Director
of the Office of Personnel Management, with respect to the number
of interns to be hired each year, may—
(1) select, appoint, and employ individuals for up to 1
year through compensated internships in the excepted service;
and
(2) remove any compensated intern employed pursuant to
paragraph (1) without regard to the provisions of law governing
appointments in the excepted service.
SEC. 9202. IMPROVEMENTS TO THE PREVENTION OF, AND THE
RESPONSE TO, HARASSMENT, DISCRIMINATION, SEXUAL
ASSAULT, AND RELATED RETALIATION.

(a) POLICIES.—The Secretary should develop and strengthen
policies regarding harassment, discrimination, sexual assault, and
related retaliation, including policies for—
(1) addressing, reporting, and providing transitioning support;

H. R. 7776—1470
(2) advocacy, service referrals, and travel accommodations;
and
(3) disciplining personnel that violate Department policies
regarding harassment, discrimination, sexual assault, or related
retaliation.
(b) DISCIPLINARY ACTION.—
(1) SEPARATION FOR CAUSE.—Section 610(a)(1) of the Foreign Service Act of 1980 (22 U.S.C. 4010(a)(1)), is amended—
(A) by striking ‘‘decide to’’; and
(B) by inserting ‘‘, including upon receiving notification
from the Bureau of Diplomatic Security that such member
has engaged in criminal misconduct, such as murder, rape,
or other sexual assault’’ before the period at the end.
(2) UPDATE TO MANUAL.—The Director of Global Talent
Management shall—
(A) update the ‘‘Grounds for Disciplinary Action’’ and
‘‘List of Disciplinary Offenses and Penalties’’ sections of
the Foreign Affairs Manual to reflect the amendments
made under paragraph (1); and
(B) communicate such updates to Department staff
through publication in Department Notices.
(c) SEXUAL ASSAULT PREVENTION AND RESPONSE VICTIM ADVOCATES.—The Secretary shall ensure that the Diplomatic Security
Service’s Victims’ Resource Advocacy Program—
(1) is appropriately staffed by advocates who are physically
present at—
(A) the headquarters of the Department; and
(B) major domestic and international facilities and
embassies, as determined by the Secretary;
(2) considers the logistics that are necessary to allow for
the expedient travel of victims from Department facilities that
do not have advocates; and
(3) uses funds available to the Department to provide emergency food, shelter, clothing, and transportation for victims
involved in matters being investigated by the Diplomatic Security Service.
SEC. 9203. INCREASING THE MAXIMUM AMOUNT AUTHORIZED FOR
SCIENCE AND TECHNOLOGY FELLOWSHIP GRANTS AND
COOPERATIVE AGREEMENTS.

Section 504(e)(3) of the Foreign Relations Authorization Act,
Fiscal Year 1979 (22 U.S.C. 2656d(e)(3)) is amended by striking
‘‘$500,000’’ and inserting ‘‘$2,000,000’’.
SEC. 9204. ADDITIONAL PERSONNEL TO ADDRESS BACKLOGS IN
HIRING AND INVESTIGATIONS.

(a) IN GENERAL.—The Secretary shall seek to increase the
number of personnel within the Bureau of Global Talent Management and the Office of Civil Rights to address backlogs in hiring
and investigations into complaints conducted by the Office of Civil
Rights.
(b) EMPLOYMENT TARGETS.—The Secretary shall seek to
employ—
(1) not fewer than 15 additional personnel in the Bureau
of Global Talent Management and the Office of Civil Rights
(compared to the number of personnel so employed as of the
day before the date of the enactment of this Act) by the date
that is 180 days after such date of enactment; and

H. R. 7776—1471
(2) not fewer than 15 additional personnel in such Bureau
and Office (compared to the number of personnel so employed
as of the day before the date of the enactment of this Act)
by the date that is 1 year after such date of enactment.
SEC. 9205. FOREIGN AFFAIRS TRAINING.

(a) SENSE OF CONGRESS.—It is the sense of Congress that—
(1) Congress has recognized, including in division E of
the National Defense Authorization Act for Fiscal Year 2022
(Public Law 117–81), that the Department is a crucial national
security agency, whose employees, both Foreign Service and
Civil Service, require the best possible training and professional
development at every stage of their careers to prepare them
to promote and defend United States national interests and
the health and safety of United States citizens abroad; and
(2) the new and evolving challenges of national security
in the 21st century necessitate the expansion of standardized
training and professional development opportunities linked to
equal, accountable, and transparent promotion and leadership
practices for Department and other national security agency
personnel.
(b) DEFINED TERM.—In this section, the term ‘‘appropriate
committees of Congress’’ means—
(1) the Committee on Foreign Relations of the Senate;
(2) the Committee on Appropriations of the Senate;
(3) the Committee on Foreign Affairs of the House of Representatives; and
(4) the Committee on Appropriations of the House of Representatives.
(c)
TRAINING
AND
PROFESSIONAL
DEVELOPMENT
PRIORITIZATION.—Section 5108(c) of division E of the National
Defense Authorization Act for Fiscal Year 2022 (Public Law 117–
81) is amended to read as follows:
AND
PROFESSIONAL
DEVELOPMENT
‘‘(c)
TRAINING
PRIORITIZATION.—In order to provide the Civil Service and the
Foreign Service with the level of professional development and
training needed to effectively advance United States interests across
the world, the Secretary of State shall—
‘‘(1) increase relevant offerings provided by the Department
of State—
‘‘(A) of interactive virtual instruction to make training
and professional development more accessible and useful
to personnel deployed throughout the world; or
‘‘(B) at partner organizations, including universities,
industry entities, and nongovernmental organizations,
throughout the United States to provide useful outside
perspectives to Department of State personnel by providing
such personnel—
‘‘(i) a more comprehensive outlook on different sectors of United States society;
‘‘(ii) practical experience dealing with commercial
corporations, universities, labor unions, and other
institutions critical to United States diplomatic success;
and
‘‘(iii) courses specifically focused on commercial
diplomacy that increase the understanding of private

H. R. 7776—1472
sector needs that arise as United States companies
enter and compete in the international market;
‘‘(2) provide the opportunity to participate in courses using
computer-based or computer-assisted simulations, allowing
civilian officers to lead decision making in a crisis environment,
and encourage officers of the Department of State, and reciprocally, officers of other Federal departments to participate
in similar exercises held by the Department of State or other
government organizations and the private sector;
‘‘(3) increase the duration and expand the focus of certain
training and professional development courses, including by
extending—
‘‘(A) the A–100 entry-level course to as long as 12
weeks, which better matches the length of entry-level
training and professional development provided to the officers in other national security departments and agencies;
and
‘‘(B) the Chief of Mission course to as long as 6 weeks
for first time Chiefs of Mission and creating comparable
courses for new Assistant Secretaries and Deputy Assistant
Secretaries to more accurately reflect the significant
responsibilities accompanying such roles; and
‘‘(4) ensure that Foreign Service officers who are assigned
to a country experiencing significant population displacement
due to the impacts of climatic and non-climatic shocks and
stresses, including rising sea levels and lack of access to affordable and reliable energy and electricity, receive specific instruction on United States policy with respect to resiliency and
adaptation to such climatic and non-climatic shocks and
stresses.’’.
(d) FELLOWSHIPS.—The Director General of the Foreign Service
shall—
(1) expand and establish new fellowship programs for Foreign Service and Civil Service officers that include short- and
long-term opportunities at organizations, including—
(A) think tanks and nongovernmental organizations;
(B) the Department of Defense and other relevant Federal agencies;
(C) industry entities, especially such entities related
to technology, global operations, finance, and other fields
directly relevant to international affairs; and
(D) schools of international relations and other relevant
programs at universities throughout the United States;
and
(2) not later than 180 days after the date of the enactment
of this Act, submit a report to Congress that describes how
the Department could expand the Pearson Fellows Program
for Foreign Service Officers and the Brookings Fellow Program
for Civil Servants to provide fellows in such programs with
the opportunity to undertake a follow-on assignment within
the Department in an office in which fellows will gain practical
knowledge of the people and processes of Congress, including
offices other than the Legislative Affairs Bureau, including—
(A) an assessment of the current state of congressional
fellowships, including the demand for fellowships, support
for applicants to pursue and perform such fellowships, and

H. R. 7776—1473
the value the fellowships provide to both the career of
the officer and to the Department; and
(B) an assessment of the options for making congressional fellowships for both the Foreign Service and the
Civil Service more career-enhancing.
(e) BOARD OF VISITORS OF THE FOREIGN SERVICE INSTITUTE.—
(1) ESTABLISHMENT.—The Secretary is authorized to establish a Board of Visitors of the Foreign Service Institute (referred
to in this subsection as the ‘‘Board’’). It is the sense of Congress
that the Board should be established not later than 1 year
after the date of the enactment of this Act.
(2) DUTIES.—The Board authorized by this subsection shall
be comprised of 12 members, who shall be appointed by the
Secretary and shall provide the Secretary with independent
advice and recommendations regarding organizational management, strategic planning, resource management, curriculum
development, and other matters of interest to the Foreign
Service Institute, including regular observations about how well
the Department is integrating training and professional
development into the work of the Bureau for Global Talent
Management.
(3) MEMBERSHIP.—
(A) QUALIFICATIONS.—Members of the Board shall be
appointed from among individuals who—
(i) are not officers or employees of the Federal
Government; and
(ii) are eminent authorities in the fields of diplomacy, national security, management, leadership,
economics, trade, technology, or advanced international
relations education.
(B) OUTSIDE EXPERTISE.—
(i) IN GENERAL.—Not fewer than 6 members of
the Board shall have a minimum of 10 years of relevant
expertise outside the field of diplomacy.
(ii) PRIOR SENIOR SERVICE AT THE DEPARTMENT.—
Not more than 6 members of the Board may be persons
who previously served in the Senior Foreign Service
or the Senior Executive Service at the Department.
(4) TERMS.—Each member of the Board shall be appointed
for a term of 3 years, except that of the members first
appointed—
(A) 4 members shall be appointed for a term of 3
years;
(B) 4 members shall be appointed for a term of 2
years; and
(C) 4 members shall be appointed for a term of 1
year.
(5) CHAIRPERSON; VICE CHAIRPERSON.—
(A) APPROVAL.—The Chairperson and Vice Chairperson
of the Board shall be approved by the Secretary of State
based upon a recommendation from the members of the
Board.
(B) SERVICE.—The Chairperson and Vice Chairperson
shall serve at the discretion of the Secretary.
(6) MEETINGS.—The Board shall meet—
(A) at the call of the Director of the Foreign Service
Institute and the Chairperson; and

H. R. 7776—1474
(B) not fewer than 2 times per year.
(7) COMPENSATION.—Each member of the Board shall serve
without compensation, except that a member of the Board
shall be allowed travel expenses, including per diem in lieu
of subsistence, at rates authorized for employees of agencies
under subchapter I of chapter 57 of title 5, United States
Code, while away from their homes or regular places of business
in the performance of service for the Board. Notwithstanding
section 1342 of title 31, United States Code, the Secretary
may accept the voluntary and uncompensated service of members of the Board.
(8) APPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT.—
The Federal Advisory Committee Act (5 U.S.C. App.) shall
apply to the Board established under this subsection.
(f) ESTABLISHMENT OF PROVOST OF THE FOREIGN SERVICE
INSTITUTE.—
(1) ESTABLISHMENT.—There is established in the Foreign
Service Institute the position of Provost.
(2) APPOINTMENT; REPORTING.—The Provost shall—
(A) be appointed by the Secretary; and
(B) report to the Director of the Foreign Service
Institute.
(3) QUALIFICATIONS.—The Provost, who should be a
member of the Senior Executive Service, shall have—
(A) experience in the field of diplomacy, national security, education, management, leadership, economics, history, trade, adult education, or technology; and
(B) significant experience outside the Department,
whether in other national security agencies or in the private sector, and preferably in positions of authority in
educational institutions or the field of professional development and mid-career training with oversight for the evaluation of academic programs.
(4) DUTIES.—The Provost shall—
(A) oversee, review, evaluate, and coordinate the academic curriculum for all courses taught and administered
by the Foreign Service Institute; and
(B) coordinate the development of an evaluation system
to ascertain the utility of the information and skills
imparted by each such course, such that, to the extent
practicable, performance assessments can be included in
the personnel records maintained by the Bureau of Global
Talent Management and utilized in Foreign Service Selection Boards.
(5) COMPENSATION.—The Provost shall receive a salary
commensurate with the rank and experience of a member of
the Senior Executive Service, as determined by the Secretary.
(g) OTHER AGENCY RESPONSIBILITIES AND OPPORTUNITIES FOR
CONGRESSIONAL STAFF.—
(1) OTHER AGENCIES.—National security agencies other
than the Department should be afforded the ability to increase
the enrollment of their personnel in courses at the Foreign
Service Institute and other training and professional development facilities of the Department to promote a whole-of-government approach to mitigating national security challenges.
(2) CONGRESSIONAL STAFF.—Not later than 180 days after
the date of the enactment of this Act, the Secretary shall

H. R. 7776—1475
submit a report to the appropriate committees of Congress
that describes—
(A) the training and professional development
opportunities at the Foreign Service Institute and other
Department facilities available to congressional staff;
(B) the budget impacts of offering such opportunities
to congressional staff; and
(C) potential course offerings.
(h) STRATEGY FOR ADAPTING TRAINING REQUIREMENTS FOR
MODERN DIPLOMATIC NEEDS.—
(1) IN GENERAL.—Not later than 1 year after the date
of the enactment of this Act, the Secretary shall develop and
submit to the appropriate committees of Congress a strategy
for adapting and evolving training requirements to better meet
the Department’s current and future needs for 21st century
diplomacy.
(2) ELEMENTS.—The strategy required under paragraph (1)
shall include the following elements:
(A) Integrating training requirements into the Department’s promotion policies, including establishing educational and professional development standards for
training and attainment to be used as a part of tenure
and promotion guidelines.
(B) Addressing multiple existing and emerging national
security challenges, including—
(i) democratic backsliding and authoritarianism;
(ii) countering, and assisting United States allies
to address, state-sponsored disinformation, including
through the Global Engagement Center;
(iii) cyber threats;
(iv) the aggression and malign influence of Russia,
Cuba, Iran, North Korea, the Maduro Regime, and
the Chinese Communist Party’s multi-faceted and comprehensive challenge to the rules-based order;
(v) the implications of climate change for United
States diplomacy; and
(vi) nuclear threats.
(C) An examination of the likely advantages and disadvantages of establishing residential training for the A–
100 orientation course administered by the Foreign Service
Institute and evaluating the feasibility of residential
training for other long-term training opportunities.
(D) An examination of the likely advantages and disadvantages of establishing a press freedom curriculum for
the National Foreign Affairs Training Center that enables
Foreign Service officers to better understand issues of press
freedom and the tools that are available to help protect
journalists and promote freedom of the press norms, which
may include—
(i) the historic and current issues facing press
freedom, including countries of specific concern;
(ii) the Department’s role in promoting press
freedom as an American value, a human rights issue,
and a national security imperative;
(iii) ways to incorporate press freedom promotion
into other aspects of diplomacy; and

H. R. 7776—1476
(iv) existing tools to assist journalists in distress
and methods for engaging foreign governments and
institutions on behalf of individuals engaged in journalistic activity who are at risk of harm.
(E) The expansion of external courses offered by the
Foreign Service Institute at academic institutions or professional associations on specific topics, including in-person
and virtual courses on monitoring and evaluation, audience
analysis, and the use of emerging technologies in diplomacy.
(3) UTILIZATION OF EXISTING RESOURCES.—In examining
the advantages and disadvantages of establishing a residential
training program pursuant to paragraph (2)(C), the Secretary
shall—
(A) collaborate with other national security departments and agencies that employ residential training for
their orientation courses; and
(B) consider using the Department’s Foreign Affairs
Security Training Center in Blackstone, Virginia.
(i) REPORT AND BRIEFING REQUIREMENTS.—
(1) REPORT.—Not later than 1 year after the date of the
enactment of this Act, the Secretary shall submit a report
to the appropriate committees of Congress that includes—
(A) a strategy for broadening and deepening professional development and training at the Department,
including assessing current and future needs for 21st century diplomacy;
(B) the process used and resources needed to implement the strategy referred to in subparagraph (A) throughout the Department; and
(C) the results and impact of the strategy on the
workforce of the Department, particularly the relationship
between professional development and training and promotions for Department personnel, and the measurement
and evaluation methods used to evaluate such results.
(2) BRIEFING.—Not later than 1 year after the date on
which the Secretary submits the report required under paragraph (1), and annually thereafter for 2 years, the Secretary
shall provide to the appropriate committees of Congress a
briefing on the information required to be included in the
report.
(j) FOREIGN LANGUAGE MAINTENANCE INCENTIVE PROGRAM.—
(1) AUTHORIZATION.—The Secretary is authorized to establish and implement an incentive program, with a similar structure as the Foreign Language Proficiency Bonus offered by
the Department of Defense, to encourage members of the Foreign Service who possess language proficiency in any of the
languages that qualify for additional incentive pay, as determined by the Secretary, to maintain critical foreign language
skills.
(2) REPORT.—Not later than 90 days after the date of
the enactment of this Act, the Secretary shall submit a report
to the appropriate committees of Congress that includes a
detailed plan for implementing the program authorized under
paragraph (1), including anticipated resource requirements to
carry out such program.

H. R. 7776—1477
SEC. 9206. FACILITATION AND ENCOURAGEMENT OF TRAINING AND
PROFESSIONAL DEVELOPMENT FOR FOREIGN SERVICE
AND CIVIL SERVICE PERSONNEL.

(a) SENSE OF CONGRESS.—It is the sense of Congress that
recognition throughout the Department of the value and importance
of training and professional development for Foreign Service and
Civil Service personnel is vital to the development and maintenance
by such personnel of the skills and expertise required for the
Department to contribute fully and effectively to the conduct of
the foreign affairs of the United States.
(b) STUDY AND REPORT.—
(1) IN GENERAL.—The Secretary, in consultation with the
heads of relevant Federal agencies, shall conduct a study of
the feasibility and cost of establishing a diplomatic officers’
reserve corps or similar mechanism to augment the Department’s personnel needs at any level on a temporary or permanent basis.
(2) ELEMENTS.—In conducting the study required under
paragraph (1), the Secretary shall consider whether the diplomatic officers’ reserve corps should be modeled on the Senior
Reserve Officers’ Training Corps established under chapter 103
of title 10, United States Code, to encourage the recruitment
and retention of personnel who have the critical language skills
necessary to meet the requirements of the Foreign Service
by providing financial assistance to students studying critical
languages at institutions of higher education.
(3) REPORT.—Not later than 1 year after the date of the
enactment of this Act, the Secretary shall submit a report
to the appropriate congressional committees that contains the
results of the study conducted pursuant to paragraph (1).
(c) TRAINING AND DEVELOPMENT IN PROMOTION PRECEPTS AND
EVALUATION CRITERIA.—
(1) FOREIGN SERVICE.—The Secretary shall take appropriate action to ensure accountability and transparency in the
evaluation of the precepts described in section 603 of the Foreign Service Act of 1980 (22 U.S.C. 4003) upon which the
selection boards established pursuant to section 602 of such
Act (22 U.S.C. 4002) make recommendations for the promotion
of members of the Foreign Service under section 601 of such
Act (22 U.S.C. 4001) by affording equal consideration to the
undertaking of training, professional development, and foreign
language acquisition and retention among any other objective
criteria considered by selection boards in making such recommendations.
(2) CIVIL SERVICE.—The Secretary shall take appropriate
action to ensure that the performance standards for any job
performance appraisal system for Civil Service personnel of
the Department afford equal consideration to the undertaking
of training, professional development, and foreign language
acquisition and retention among any other objective criteria
in the evaluation of the job performance of such personnel.
(d) RESPONSE TO SUBORDINATE TRAINING AND DEVELOPMENT
NEEDS IN EVALUATION OF SUPERVISOR PERFORMANCE.—
(1) FOREIGN SERVICE.—The Secretary shall take appropriate action to ensure that the evaluation of precepts for
recommendations for promotion described in subsection (c)(1)
for members of the Foreign Service in supervisory positions

H. R. 7776—1478
incorporates the extent to which such members appropriately
address the training and professional development needs of
the personnel under their supervision.
(2) CIVIL SERVICE.—The Secretary shall take appropriate
action to ensure that the performance standards described in
subsection (c)(2) for Civil Service personnel of the Department
in supervisory positions afford appropriate weight to addressing
the training and professional development needs of the personnel under their supervision.
SEC. 9207. SECURITY CLEARANCE APPROVAL PROCESS.

(a) RECOMMENDATIONS.—Not later than 270 days after the date
of the enactment of this Act, the Secretary, in coordination with
the Director of National Intelligence, shall submit recommendations
to the appropriate congressional committees for streamlining the
security clearance approval process within the Bureau of Diplomatic
Security so that the security clearance approval process for Civil
Service and Foreign Service applicants is completed within 6
months, on average, and within 1 year, in the vast majority of
cases.
(b) REPORT.—Not later than 90 days after the recommendations
are submitted pursuant to subsection (a), the Secretary shall submit
a report to the Committee on Foreign Relations of the Senate,
the Select Committee on Intelligence of the Senate, the Committee
on Foreign Affairs of the House of Representatives, and the Permanent Select Committee on Intelligence of the House of Representatives that—
(1) describes the status of the efforts of the Department
to streamline the security clearance approval process; and
(2) identifies any remaining obstacles preventing security
clearances from being completed within the time frames set
forth in subsection (a), including lack of cooperation or other
actions by other Federal departments and agencies.
SEC. 9208. ADDENDUM FOR STUDY ON FOREIGN SERVICE ALLOWANCES.

(a) 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 an addendum to the report required
under section 5302 of the Department of State Authorization Act
of 2021 (division E of Public Law 117–81), which shall be entitled
the ‘‘Report on Bidding for Domestic and Overseas Posts and Filling
Unfilled Positions’’. The addendum shall be prepared using input
from the same federally funded research and development center
that prepared the analysis conducted for the purposes of such
report.
(b) ELEMENTS.—The addendum required under subsection (a)
shall include—
(1) the total number of domestic and overseas positions
open during the most recent summer bidding cycle;
(2) the total number of bids each position received;
(3) the number of unfilled positions at the conclusion of
the most recent summer bidding cycle, disaggregated by bureau;
and
(4) detailed recommendations and a timeline for—
(A) increasing the number of qualified bidders for
underbid positions; and

H. R. 7776—1479
(B) minimizing the number of unfilled positions at
the end of the bidding season.
SEC. 9209. CURTAILMENTS, REMOVALS FROM POST, AND WAIVERS OF
PRIVILEGES AND IMMUNITIES.

(a) CURTAILMENTS REPORT.—
(1) IN GENERAL.—Not later than 180 days after the date
of the enactment of this Act, and every 180 days thereafter,
the Secretary shall submit a report to the appropriate congressional committees regarding curtailments of Department personnel from overseas posts.
(2) CONTENTS.—The Secretary shall include in the report
required under paragraph (1)—
(A) relevant information about any post that, during
the 6-month period preceding the report—
(i) had more than 5 curtailments; or
(ii) had curtailments representing more than 5
percent of Department personnel at such post; and
(B) for each post referred to in subparagraph (A), the
number of curtailments, disaggregated by month of occurrence.
(C) ADDITIONAL CONTENTS FOR INITIAL REPORT.—The
initial report submitted pursuant to paragraph (1) shall
identify—
(i) the number of curtailments at the Deputy Chief
of Mission or Principal Officer level for each of the
previous 5 years; and
(ii) to the extent practicable—
(I) the number of such curtailments that were
voluntary and the number of such curtailments
that were involuntary; and
(II) the number of those curtailed who left
the service within 1 year after such curtailment.
(b) REMOVAL OF DIPLOMATS.—Not later than 20 days after
the date on which any United States personnel under Chief of
Mission authority is declared persona non grata by a host government, the Secretary shall—
(1) notify the Committee on Foreign Relations of the
Senate, the Select Committee on Intelligence of the Senate,
the Committee on Foreign Affairs of the House of Representatives, and the Permanent Select Committee on Intelligence
of the House of Representatives of such declaration; and
(2) include with such notification—
(A) the official reason for such declaration (if provided
by the host government);
(B) the date of the declaration; and
(C) whether the Department responded by declaring
a host government’s diplomat in the United States persona
non grata.
(c) WAIVER OF PRIVILEGES AND IMMUNITIES.—Not later than
15 days after any waiver of privileges and immunities pursuant
to the Vienna Convention on Diplomatic Relations, done at Vienna
April 18, 1961, that is applicable to an entire diplomatic post
or to the majority of United States personnel under Chief of Mission
authority, the Secretary shall notify the appropriate congressional
committees of such waiver and the reason for such waiver.

H. R. 7776—1480
(d) TERMINATION.—This section shall terminate on the date
that is 5 years after the date of the enactment of this Act.
SEC. 9210. REPORT ON WORLDWIDE AVAILABILITY.

(a) IN GENERAL.—Not later than 270 days after the date of
the enactment of this Act, the Secretary shall submit a report
to the appropriate congressional committees on the feasibility of
requiring that each member of the Foreign Service, at the time
of entry into the Foreign Service and thereafter, be worldwide
available, as determined by the Secretary.
(b) CONTENTS.—The report required under subsection (a) shall
include—
(1) the feasibility of a worldwide availability requirement
for all members of the Foreign Service;
(2) considerations if such a requirement were to be implemented, including the potential effect on recruitment and retention; and
(3) recommendations for exclusions and limitations,
including exemptions for medical reasons, disability, and other
circumstances.
SEC. 9211. PROFESSIONAL DEVELOPMENT.

(a) REQUIREMENTS.—The Secretary shall strongly encourage
that Foreign Service officers seeking entry into the Senior Foreign
Service participate in professional development described in subsection (c).
(b) REQUIREMENTS.—Not later than 180 days after the date
of the enactment of this Act, the Secretary shall submit recommendations on requiring that Foreign Service officers complete
professional development described in subsection (c) to be eligible
for entry into the Senior Foreign Service.
(c) PROFESSIONAL DEVELOPMENT DESCRIBED.—Professional
development described in this subsection is not less than 6 months
of training or experience outside of the Department, including time
spent—
(1) as a detailee to another government agency, including
Congress or a State, Tribal, or local government; or
(2) in Department-sponsored and -funded university
training that results in an advanced degree, excluding time
spent at a university that is fully funded or operated by the
Federal Government.
(d) PROMOTION PRECEPTS.—The Secretary shall instruct promotion boards to consider positively long-term training and outof-agency detail assignments as described in this section.
SEC. 9212. MANAGEMENT ASSESSMENTS AT DIPLOMATIC AND CONSULAR POSTS.

(a) IN GENERAL.—Beginning not later than 1 year after the
date of the enactment of this Act, the Secretary shall annually
conduct, at each diplomatic and consular post, a voluntary survey,
which shall be offered to all staff assigned to that post who are
citizens of the United States (excluding the Chief of Mission) to
assess the management and leadership of that post by the Chief
of Mission, the Deputy Chief of Mission, and the Charge d’Affaires.
(b) ANONYMITY.—All responses to the survey shall be—
(1) fully anonymized; and
(2) made available to the Director General of the Foreign
Service.

H. R. 7776—1481
(c) SURVEY.—The survey shall seek to assess—
(1) the general morale at post;
(2) the presence of any hostile work environment;
(3) the presence of any harassment, discrimination, retaliation, or other mistreatment; and
(4) effective leadership and collegial work environment.
(d) DIRECTOR GENERAL RECOMMENDATIONS.—Upon compilation
and review of the surveys, the Director General of the Foreign
Service shall issue recommendations to posts, as appropriate, based
on the findings of the surveys.
(e) REFERRAL.—If the surveys reveal any action that is grounds
for referral to the Inspector General of the Department of State
and the Foreign Service, the Director General of the Foreign Service
may refer the matter to the Inspector General of the Department
of State and the Foreign Service, who shall, as the Inspector General
considers appropriate, conduct an inspection of the post in accordance with section 209(b) of the Foreign Service Act of 1980 (22
U.S.C. 3929(b)).
(f) ANNUAL REPORT.—The Director General of the Foreign
Service shall submit an annual report to the appropriate congressional committees that includes—
(1) any trends or summaries from the surveys;
(2) the posts where corrective action was recommended
or taken in response to any issues identified by the surveys;
and
(3) the number of referrals to the Inspector General of
the Department of State and the Foreign Service, as applicable.
(g) INITIAL BASIS.—The surveys and reports required under
this section shall be carried out on an initial basis for the 5year period beginning on the date of the enactment of this Act.
SEC. 9213. INDEPENDENT REVIEW OF PROMOTION POLICIES.

Not later than 18 months after the date of the enactment
of this Act, the Comptroller General of the United States shall
conduct a comprehensive review of the policies, personnel, organization, and processes related to promotions within the Department,
including—
(1) a review of—
(A) the selection and oversight of Foreign Service promotion panels; and
(B) the use of quantitative data and metrics in such
panels;
(2) an assessment of the promotion practices of the Department, including how promotion processes are communicated
to the workforce and appeals processes; and
(3) recommendations for improving promotion panels and
promotion practices.
SEC. 9214. THIRD PARTY VERIFICATION OF PERMANENT CHANGE OF
STATION (PCS) ORDERS.

Not later than 180 days after the date of the enactment of
this Act, the Secretary shall establish a mechanism for third parties
to verify the employment of, and the validity of permanent change
of station (PCS) orders received by, members of the Foreign Service,
in a manner that protects the safety, security, and privacy of
sensitive employee information.

H. R. 7776—1482
SEC.

9215.

POST-EMPLOYMENT RESTRICTIONS ON SENATE-CONFIRMED OFFICIALS AT THE DEPARTMENT OF STATE.

(a) SENSE OF CONGRESS.—It is the sense of Congress that—
(1) Congress and the executive branch have recognized
the importance of preventing and mitigating the potential for
conflicts of interest following government service, including with
respect to senior United States officials working on behalf of
foreign governments; and
(2) Congress and the executive branch should jointly
evaluate the status and scope of post-employment restrictions.
(b) RESTRICTIONS.—Section 1 of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2651a) is amended by adding
at the end the following:
‘‘(m) EXTENDED POST-EMPLOYMENT RESTRICTIONS FOR CERTAIN
SENATE-CONFIRMED OFFICIALS.—
‘‘(1) DEFINITIONS.—In this subsection:
‘‘(A) COUNTRY OF CONCERN.—The term ‘country of concern’ means—
‘‘(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;
‘‘(v) the Republic of Cuba; and
‘‘(vi) the Syrian Arab Republic.
‘‘(B) FOREIGN GOVERNMENT ENTITY.—The term ‘foreign
governmental entity’ includes—
‘‘(i) any person employed by—
‘‘(I) any department, agency, or other entity
of a foreign government at the national, regional,
or local level;
‘‘(II) any governing party or coalition of a foreign government at the national, regional, or local
level; or
‘‘(III) any entity majority-owned or majoritycontrolled by a foreign government at the national,
regional, or local level; and
‘‘(ii) in the case of a country of concern, any company, economic project, cultural organization, exchange
program, or nongovernmental organization that is more
than 33 percent owned or controlled by the government
of such country.
‘‘(C) REPRESENTATION.—The term ‘representation’ does
not include representation by an attorney, who is duly
licensed and authorized to provide legal advice in a United
States jurisdiction, of a person or entity in a legal capacity
or for the purposes of rendering legal advice.
‘‘(2) SECRETARY OF STATE AND DEPUTY SECRETARY OF
STATE.—With respect to a person serving as the Secretary
of State or the Deputy Secretary of State, the restrictions
described in section 207(f)(1) of title 18, United States Code,
shall apply to any such person who knowingly represents, aids,
or advises a foreign governmental entity before an officer or
employee of the executive branch of the United States with
the intent to influence a decision of such officer or employee
in carrying out his or her official duties at any time after
the termination of such person’s service as Secretary or Deputy
Secretary.

H. R. 7776—1483
‘‘(3) UNDER SECRETARIES, ASSISTANT SECRETARIES, AND
AMBASSADORS.—With respect to a person serving as an Under
Secretary, Assistant Secretary, or Ambassador at the Department of State or as the United States Permanent Representative to the United Nations, the restrictions described in section
207(f)(1) of title 18, United States Code, shall apply to any
such person who knowingly represents, aids, or advises—
‘‘(A) a foreign governmental entity before an officer
or employee of the executive branch of the United States
with the intent to influence a decision of such officer or
employee in carrying out his or her official duties for 3
years after the termination of such person’s service in
a position described in this paragraph, or the duration
of the term or terms of the President who appointed that
person to their position, whichever is longer; or
‘‘(B) a foreign governmental entity of a country of concern before an officer or employee of the executive branch
of the United States with the intent to influence a decision
of such officer or employee in carrying out his or her
official duties at any time after the termination of such
person’s service in a position described in this paragraph.
‘‘(4) PENALTIES AND INJUNCTIONS.—Any violations of the
restrictions under paragraphs (2) or (3) shall be subject to
the penalties and injunctions provided for under section 216
of title 18, United States Code.
‘‘(5) NOTICE OF RESTRICTIONS.—Any person subject to the
restrictions under this subsection shall be provided notice of
these restrictions by the Department of State—
‘‘(A) upon appointment by the President; and
‘‘(B) upon termination of service with the Department
of State.
‘‘(6) EFFECTIVE DATE.—The restrictions under this subsection shall apply only to persons who are appointed by the
President to the positions referenced in this subsection on or
after 120 days after the date of the enactment of the Department of State Authorization Act of 2022.
‘‘(7) SUNSET.—The restrictions under this subsection shall
expire on the date that is 5 years after the date of the enactment
of the Department of State Authorization Act of 2022.’’.
SEC. 9216. EXPANSION OF AUTHORITIES REGARDING SPECIAL RULES
FOR CERTAIN MONTHLY WORKERS’ COMPENSATION PAYMENTS AND OTHER PAYMENTS.

Section 901 of division J of the Further Consolidated Appropriations Act, 2020 (22 U.S.C. 2680b) is amended by adding at the
end the following:
‘‘(j) EXPANSION OF AUTHORITIES.—The head of any Federal
agency may exercise the authorities of this section, including to
designate an incident, whether the incident occurred in the United
States or abroad, for purposes of subparagraphs (A)(ii) and (B)(ii)
of subsection (e)(4) when the incident affects United States Government employees of the agency or their dependents who are not
under the security responsibility of the Secretary of State as set
forth in section 103 of the Omnibus Diplomatic Security and
Antiterrorism Act of 1986 (22 U.S.C. 4802) or when operational
control of overseas security responsibility for such employees or
dependents has been delegated to the head of the agency.’’.

H. R. 7776—1484
SEC. 9217. REPORT ON PILOT PROGRAM FOR LATERAL ENTRY INTO
THE FOREIGN SERVICE.

(a) IN GENERAL.—Not later than 180 days after the date of
the enactment of this Act, the Under Secretary of State for Management shall submit a report to the appropriate congressional committees describing the implementation of the pilot program for lateral
entry into the Foreign Service required under section 404(b) of
the Department of State Authorities Act, Fiscal Year 2017 (Public
Law 114–323; 130 Stat. 1928).
(b) MATTERS TO BE INCLUDED.—The report required under subsection (a) shall include—
(1) the current status of implementation of the pilot program, including a summary of concrete steps taken by the
Department to implement the pilot program;
(2) an explanation of any delays in implementation of the
pilot program;
(3) the number of mid-career individuals from the Civil
Service of the Department and the private sector who are
expected to participate in the pilot program during fiscal year
2023, disaggregated, to the extent practicable and to the maximum extent that the collection of such data is permissible
by law, by sex, age, race and ethnicity, geographic origin, and
past occupation;
(4) an analysis of the skills gap identified by the Department for the use of the pilot program’s flexible-hiring mechanism;
(5) any legal justification provided by the Office of the
Legal Adviser of the Department if the Department did not
implement the pilot program; and
(6) the estimated date by which the Department is expected
to implement the pilot program.
SEC. 9218. REPORT ON CHANGES TO THE FOREIGN SERVICE OFFICER
TEST.

Not later than December 1, 2023, the Secretary shall submit
a report to the appropriate congressional committees describing
and justifying any changes made during fiscal years 2022 and
2023 to the Foreign Service entry process, including—
(1) the use of artificial intelligence, including deep textual
analysis, in any portion of the entry process and its impacts
on recruitment into the Foreign Service;
(2) the use of virtual formats for any portion of the entry
process and its impacts on recruitment into the Foreign Service;
and
(3) the entities, groups, or individuals informed of or consulted on any changes to the Foreign Service entry process
during the 1-year period immediately preceding the
implementation of such changes.
SEC. 9219. DIGNITY FOR PEOPLE WITH DISABILITIES SERVING IN THE
FOREIGN SERVICE.

The Foreign Service Act of 1980 (22 U.S.C. 3901 et seq.) is
amended—
(1) in section 101(b)(2) (22 U.S.C. 3901(b)(2)), by striking
‘‘handicapping condition’’ and inserting ‘‘disability’’;

H. R. 7776—1485
(2) in section 105 (22 U.S.C. 3905), by striking ‘‘handicapping condition’’ each place such term appears and inserting
‘‘disability’’;
(3) in section 1002(11)(A) (22 U.S.C. 4102(11)(A)), by
striking ‘‘handicapping condition’’ and inserting ‘‘disability’’; and
(4) in section 1015(b)(4) (22 U.S.C. 4115(b)(4)), by striking
‘‘handicapping condition’’ and inserting ‘‘disability’’.
SEC.

9220.

EXPANDING SCOPE OF FELLOWSHIP
INCLUDE CIVIL SERVANTS.

PROGRAMS

TO

(a) IN GENERAL.—Section 47 of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2719) is amended—
(1) in the first sentence—
(A) by inserting ‘‘or the Civil Service’’ after ‘‘with the
Foreign Service’’; and
(B) by striking ‘‘Foreign service Act of 1980’’ and
inserting ‘‘Foreign Service Act of 1980’’; and
(2) in the second sentence, by inserting ‘‘or the Civil
Service’’ after ‘‘Foreign Service’’.
(b) INITIAL REPORT.—Not later than 30 days before expanding
participation to include civil servants in any fellowship program
of the Department, the Secretary shall submit a report to the
appropriate congressional committees that—
(1) identifies the affected fellowship program; and
(2) justifies expanding participation in such program.
(c) FOLLOW-UP REPORT.—Not later than 1 year after the expansion of any fellowship program authorized under this section, the
Secretary shall submit a follow-up report to the appropriate congressional committees that describes how the expansion of participation
in such program has impacted the effectiveness of the program.

TITLE XCIII—EMBASSY SECURITY AND
CONSTRUCTION
SEC. 9301. AMENDMENTS TO SECURE EMBASSY CONSTRUCTION AND
COUNTERTERRORISM ACT OF 1999.

(a) SHORT TITLE.—This section may be cited as the ‘‘Secure
Embassy Construction and Counterterrorism Act of 2022’’.
(b) FINDINGS.—Congress makes the following findings:
(1) The Secure Embassy Construction and Counterterrorism Act of 1999 (title VI of division A of appendix G of
Public Law 106–113) was a necessary response to bombings
on August 7, 1998, at the United States embassies in Nairobi,
Kenya, and in Dar es Salaam, Tanzania, that were destroyed
by simultaneously exploding bombs. The resulting explosions
killed 220 persons and injured more than 4,000 others. Twelve
Americans and 40 Kenyan and Tanzanian employees of the
United States Foreign Service were killed in the attacks.
(2) Those bombings, followed by the expeditionary diplomatic efforts in Iraq and Afghanistan, demonstrated the need
to prioritize the security of United States posts and personnel
abroad above other considerations.
(3) Between 1999 and 2022, the risk calculus of the Department impacted the ability of United States diplomats around
the world to advance the interests of the United States through
access to local populations, leaders, and places.

H. R. 7776—1486
(4) America’s competitors and adversaries do not have the
same restrictions that United States diplomats have, especially
in critically important medium-threat and high-threat posts.
(5) The Department’s 2021 Overseas Security Panel report
states that—
(A) the requirement for setback and collocation of diplomatic posts under paragraphs (2) and (3) of section 606(a)
of the Secure Embassy Construction and Counterterrorism
Act of 1999 (22 U.S.C. 4865(a)) has led to skyrocketing
costs of new embassies and consulates; and
(B) the locations of such posts have become less desirable, creating an extremely suboptimal nexus that further
hinders United States diplomats who are willing to accept
more risk in order to advance United States interests.
(c) SENSE OF CONGRESS.—It is the sense of Congress that—
(1) the setback and collocation requirements referred to
in subsection (b)(5)(A), even with available waivers, no longer
provide the security such requirements used to provide because
of advancement in technologies, such as remote controlled
drones, that can evade walls and other such static barriers;
(2) the Department should focus on creating performance
security standards that—
(A) attempt to keep the setback requirements of diplomatic posts as limited as possible; and
(B) provide diplomats access to local populations as
much as possible, while still providing a necessary level
of security;
(3) collocation of diplomatic facilities is often not feasible
or advisable, particularly for public diplomacy spaces whose
mission is to reach and be accessible to wide sectors of the
public, including in countries with repressive governments,
since such spaces are required to permit the foreign public
to enter and exit the space easily and openly;
(4) the Bureau of Diplomatic Security should—
(A) fully utilize the waiver process provided under
paragraphs (2)(B) and (3)(B) of section 606(a) of the Secure
Embassy Construction and Counterterrorism Act of 1999
(22 U.S.C. 4865(a)); and
(B) appropriately exercise such waiver process as a
tool to right-size the appropriate security footing at each
diplomatic post rather than only approving waivers in
extreme circumstances;
(5) the return of great power competition requires—
(A) United States diplomats to do all they can to outperform our adversaries; and
(B) the Department to better optimize use of taxpayer
funding to advance United States national interests; and
(6) this section will better enable United States diplomats
to compete in the 21st century, while saving United States
taxpayers millions in reduced property and maintenance costs
at embassies and consulates abroad.
(d) DEFINITION OF UNITED STATES DIPLOMATIC FACILITY.—Section 603 of the Secure Embassy Construction and Counterterrorism
Act of 1999 (title VI of division A of appendix G of Public Law
106–113) is amended to read as follows:

H. R. 7776—1487
‘‘SEC. 603. UNITED STATES DIPLOMATIC FACILITY DEFINED.

‘‘In this title, the terms ‘United States diplomatic facility’ and
‘diplomatic facility’ mean any chancery, consulate, or other office
that—
‘‘(1) is considered by the Secretary of State to be diplomatic
or consular premises, consistent with the Vienna Convention
on Diplomatic Relations, done at Vienna April 18, 1961, and
the Vienna Convention on Consular Relations, done at Vienna
April 24, 1963, and was notified to the host government as
such; or
‘‘(2) is otherwise subject to a publicly available bilateral
agreement with the host government (contained in the records
of the United States Department of State) that recognizes the
official status of the United States Government personnel
present at the facility.’’.
(e) GUIDANCE AND REQUIREMENTS FOR DIPLOMATIC FACILITIES.—
(1) GUIDANCE FOR CLOSURE OF PUBLIC DIPLOMACY FACILITIES.—Section 5606(a) of the Public Diplomacy Modernization
Act of 2021 (Public Law 117–81; 22 U.S.C. 1475g note) is
amended to read as follows:
‘‘(a) IN GENERAL.—In order to preserve public diplomacy facilities that are accessible to the publics of foreign countries, not
later than 180 days after the date of the enactment of the Secure
Embassy Construction and Counterterrorism Act of 2022, the Secretary of State shall adopt guidelines to collect and utilize information from each diplomatic post at which the construction of a new
embassy compound or new consulate compound could result in
the closure or co-location of an American Space that is owned
and operated by the United States Government, generally known
as an American Center, or any other public diplomacy facility
under the Secure Embassy Construction and Counterterrorism Act
of 1999 (22 U.S.C. 4865 et seq.).’’.
(2) SECURITY REQUIREMENTS FOR UNITED STATES DIPLOMATIC FACILITIES.—Section 606(a) of the Secure Embassy
Construction and Counterterrorism Act of 1999 (22 U.S.C.
4865(a)) is amended—
(A) in paragraph (1)(A), by striking ‘‘the threat’’ and
inserting ‘‘a range of threats, including that’’;
(B) in paragraph (2)—
(i) in subparagraph (A)—
(I) by inserting ‘‘in a location that has certain
minimum ratings under the Security Environment
Threat List as determined by the Secretary in
his or her discretion’’ after ‘‘abroad’’; and
(II) by inserting ‘‘, personnel of the Peace
Corps, and personnel of any other type or category
of facility that the Secretary may identify’’ after
‘‘military commander’’; and
(ii) in subparagraph (B)—
(I) by amending clause (i) to read as follows:
‘‘(i) IN GENERAL.—Subject to clause (ii), the Secretary of State may waive subparagraph (A) if the
Secretary, in consultation with, as appropriate, the
head of each agency employing personnel that would
not be located at the site, if applicable, determines
that it is in the national interest of the United States

H. R. 7776—1488
after taking account of any considerations the Secretary in his or her discretion considers relevant, which
may include security conditions.’’; and
(II) in clause (ii), by striking ‘‘(ii) CHANCERY
OR CONSULATE BUILDING.—’’ and all that follows
through ‘‘15 days prior’’ and inserting the following:
‘‘(ii) CHANCERY OR CONSULATE BUILDING.—Prior’’;
and
(C) in paragraph (3)—
(i) by amending subparagraph (A) to read as follows:
‘‘(A) REQUIREMENT.—
‘‘(i) IN GENERAL.—Each newly acquired United
States diplomatic facility in a location that has certain
minimum ratings under the Security Environment
Threat List as determined by the Secretary of State
in his or her discretion shall—
‘‘(I) be constructed or modified to meet the
measured building blast performance standard
applicable to a diplomatic facility sited not less
than 100 feet from the perimeter of the property
on which the facility is situated; or
‘‘(II) fulfill the criteria described in clause (ii).
‘‘(ii) ALTERNATIVE ENGINEERING EQUIVALENCY
STANDARD REQUIREMENT.—Each facility referred to in
clause (i) may, instead of meeting the requirement
under such clause, fulfill such other criteria as the
Secretary is authorized to employ to achieve an
engineering standard of security and degree of protection that is equivalent to the numerical perimeter distance setback described in such clause seeks to
achieve.’’; and
(ii) in subparagraph (B)—
(I) in clause (i)—
(aa) by striking ‘‘security considerations
permit and’’; and
(bb) by inserting ‘‘after taking account of
any considerations the Secretary in his or her
discretion considers relevant, which may
include security conditions’’ after ‘‘national
interest of the United States’’;
(II) in clause (ii), by striking ‘‘(ii) CHANCERY
OR CONSULATE BUILDING.—’’ and all that follows
through ‘‘15 days prior’’ and inserting the following:
‘‘(ii) CHANCERY OR CONSULATE BUILDING.—Prior’’;
and
(III) in clause (iii), by striking ‘‘an annual’’
and inserting ‘‘a quarterly’’.
SEC. 9302. DIPLOMATIC SUPPORT AND SECURITY.

(a) SHORT TITLE.—This section may be cited as the ‘‘Diplomatic
Support and Security Act of 2022’’.
(b) FINDINGS.—Congress makes the following findings:
(1) A robust overseas diplomatic presence is part of an
effective foreign policy, particularly in volatile environments

H. R. 7776—1489
where a flexible and timely diplomatic response can be decisive
in preventing and addressing conflict.
(2) Diplomats routinely put themselves and their families
at great personal risk to serve their country overseas where
they face threats related to international terrorism, violent
conflict, and public health.
(3) The Department has a remarkable record of protecting
personnel while enabling an enormous amount of global diplomatic activity, often in unsecure and remote places and facing
a variety of evolving risks and threats. With support from
Congress, the Department has revised policy, improved physical
security through retrofitting and replacing old facilities,
deployed additional security personnel and armored vehicles,
and greatly enhanced training requirements and training facilities, including the new Foreign Affairs Security Training Center
in Blackstone, Virginia.
(4) Diplomatic missions rely on robust staffing and ambitious external engagement to advance United States interests
as diverse as competing with China’s malign influence around
the world, fighting terrorism and transnational organized crime,
preventing and addressing violent conflict and humanitarian
disasters, promoting United States businesses and trade, protecting the rights of marginalized groups, addressing climate
change, and preventing pandemic disease.
(5) Efforts to protect personnel overseas have often resulted
in inhibiting diplomatic activity and limiting engagement
between embassy personnel and local governments and populations.
(6) Given that Congress currently provides annual appropriations in excess of $1,900,000,000 for embassy security,
construction, and maintenance, the Department should be able
to ensure a robust overseas presence without inhibiting the
ability of diplomats to—
(A) meet outside United States secured facilities with
foreign leaders to explain, defend, and advance United
States priorities;
(B) understand and report on foreign political, social,
and economic conditions through meeting and interacting
with community officials outside of United States facilities;
(C) provide United States citizen services; and
(D) collaborate and, at times, compete with other diplomatic missions, particularly those, such as that of the
People’s Republic of China, that do not have restrictions
on meeting locations.
(7) Given these stakes, Congress has a responsibility to
empower, support, and hold the Department accountable for
implementing an aggressive strategy to ensure a robust overseas presence that mitigates potential risks and adequately
considers the myriad direct and indirect consequences of a
lack of diplomatic presence.
(c) ENCOURAGING EXPEDITIONARY DIPLOMACY.—
(1) PURPOSE.—Section 102(b) of the Diplomatic Security
Act of 1986 (22 U.S.C. 4801(b)) is amended—
(A) by amending paragraph (3) to read as follows:
‘‘(3) to promote strengthened security measures, institutionalize a culture of learning, and, in the case of apparent

H. R. 7776—1490
gross negligence or breach of duty, recommend that the Secretary investigate accountability for United States Government
personnel with security-related responsibilities under chief of
mission authority;’’;
(B) by redesignating paragraphs (4) and (5) as paragraphs (5) and (6), respectively; and
(C) by inserting after paragraph (3) the following:
‘‘(4) to support a culture of risk management, instead of
risk avoidance, that enables the Department of State to pursue
its vital goals with full knowledge that it is neither desirable
nor possible for the Department to avoid all risks;’’.
(2) BRIEFINGS ON EMBASSY SECURITY.—Section 105(a)(1) of
the Diplomatic Security Act (22 U.S.C. 4804(a)) is amended—
(A) by striking ‘‘any plans to open or reopen a high
risk, high threat post’’ and inserting ‘‘progress towards
opening or reopening a high risk, high threat post, and
the risk to national security of the continued closure or
any suspension of operations and remaining barriers to
doing so’’;
(B) in subparagraph (A), by inserting ‘‘the risk to
United States national security of the post’s continued closure or suspension of operations,’’ after ‘‘national security
of the United States,’’; and
(C) in subparagraph (C), by inserting ‘‘the type and
level of security threats such post could encounter, and’’
before ‘‘security ‘tripwires’ ’’.
(d) SECURITY REVIEW COMMITTEES.—Section 301 of the Diplomatic Security Act (22 U.S.C. 4831) is amended—
(1) in the section heading, by striking ‘‘ACCOUNTABILITY
REVIEW BOARDS’’ and inserting ‘‘SECURITY REVIEW COMMITTEES’’;
(2) in subsection (a)—
(A) by amending paragraph (1) to read as follows:
‘‘(1) CONVENING THE SECURITY REVIEW COMMITTEE.—In any
case of a serious security incident involving loss of life, serious
injury, or significant destruction of property at, or related to,
a United States Government diplomatic mission abroad
(referred to in this title as a ‘Serious Security Incident’), and
in any case of a serious breach of security involving intelligence
activities of a foreign government directed at a United States
Government mission abroad, the Secretary of State shall convene a Security Review Committee, which shall issue a report
providing a full account of what occurred, consistent with section 304.’’;
(B) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively;
(C) by inserting after paragraph (1) the following:
‘‘(2) COMMITTEE COMPOSITION.—The Secretary shall designate a Chairperson and may designate additional personnel
of commensurate seniority to serve on the Security Review
Committee, which shall include—
‘‘(A) the Director of the Office of Management Strategy
and Solutions;
‘‘(B) the Assistant Secretary responsible for the region
where the incident occurred;
‘‘(C) the Assistant Secretary of State for Diplomatic
Security;

H. R. 7776—1491
‘‘(D) the Assistant Secretary of State for Intelligence
and Research;
‘‘(E) an Assistant Secretary-level representative from
any involved United States Government department or
agency; and
‘‘(F) other personnel determined to be necessary or
appropriate.’’;
(D) in paragraph (3), as redesignated by subclause
(B)—
(i) in the paragraph heading, by striking ‘‘DEPARTMENT OF DEFENSE FACILITIES AND PERSONNEL’’ and
inserting ‘‘EXCEPTIONS TO CONVENING A SECURITY
REVIEW COMMITTEE’’;
(ii) by striking ‘‘The Secretary of State is not
required to convene a Board in the case’’ and inserting
the following:
‘‘(A) IN GENERAL.—The Secretary of State is not
required to convene a Security Review Committee—
‘‘(i) if the Secretary determines that the incident
involves only causes unrelated to security, such as
when the security at issue is outside of the scope
of the Secretary of State’s security responsibilities
under section 103;
‘‘(ii) if operational control of overseas security functions has been delegated to another agency in accordance with section 106;
‘‘(iii) if the incident is a cybersecurity incident
and is covered by other review mechanisms; or
‘‘(iv) in the case’’; and
(iii) by striking ‘‘In any such case’’ and inserting
the following:
‘‘(B) DEPARTMENT OF DEFENSE INVESTIGATIONS.—In the
case of an incident described in subparagraph (A)(iv)’’; and
(E) by adding at the end the following:
‘‘(5) RULEMAKING.—The Secretary of State shall promulgate
regulations defining the membership and operating procedures
for the Security Review Committee and provide such guidance
to the Chair and ranking members of the Committee on Foreign
Relations of the Senate and the Committee on Foreign Affairs
of the House of Representatives.’’;
(3) in subsection (b)—
(A) in the subsection heading, by striking ‘‘BOARDS’’
and inserting ‘‘SECURITY REVIEW COMMITTEES’’; and
(B) by amending paragraph (1) to read as follows:
‘‘(1) IN GENERAL.—The Secretary of State shall convene
a Security Review Committee not later than 60 days after
the occurrence of an incident described in subsection (a)(1),
or 60 days after the Department first becomes aware of such
an incident, whichever is earlier, except that the 60-day period
for convening a Security Review Committee may be extended
for one additional 60-day period if the Secretary determines
that the additional period is necessary.’’; and
(4) by amending subsection (c) to read as follows:
‘‘(c) CONGRESSIONAL NOTIFICATION.—Whenever the Secretary
of State convenes a Security Review Committee, the Secretary
shall promptly inform the chair and ranking member of—
‘‘(1) the Committee on Foreign Relations of the Senate;

H. R. 7776—1492
‘‘(2) the Select Committee on Intelligence of the Senate;
‘‘(3) the Committee on Appropriations of the Senate;
‘‘(4) the Committee on Foreign Affairs of the House of
Representatives;
‘‘(5) the Permanent Select Committee on Intelligence of
the House of Representatives; and
‘‘(6) the Committee on Appropriations of the House of Representatives.’’.
(e) TECHNICAL AND CONFORMING AMENDMENTS.—Section 302
of the Diplomatic Security Act of 1986 (22 U.S.C. 4832) is
amended—
(1) in the section heading, by striking ‘‘ACCOUNTABILITY
REVIEW BOARD’’ and inserting ‘‘SECURITY REVIEW COMMITTEE’’;
and
(2) by striking ‘‘a Board’’ each place such term appears
and inserting ‘‘a Security Review Committee’’.
(f) SERIOUS SECURITY INCIDENT INVESTIGATION PROCESS.—Section 303 of the Diplomatic Security Act of 1986 (22 U.S.C. 4833)
is amended to read as follows:
‘‘SEC. 303. SERIOUS SECURITY INCIDENT INVESTIGATION PROCESS.

‘‘(a) INVESTIGATION PROCESS.—
‘‘(1) INITIATION UPON REPORTED INCIDENT.—A United States
mission shall submit an initial report of a Serious Security
Incident not later than 3 days after such incident occurs, whenever feasible, at which time an investigation of the incident
shall be initiated.
‘‘(2) INVESTIGATION.—Not later than 10 days after the
submission of a report pursuant to paragraph (1), the Secretary
shall direct the Diplomatic Security Service to assemble an
investigative team to investigate the incident and independently establish what occurred. Each investigation under this
subsection shall cover—
‘‘(A) an assessment of what occurred, who perpetrated
or is suspected of having perpetrated the Serious Security
Incident, and whether applicable security procedures were
followed;
‘‘(B) in the event the Serious Security Incident involved
a United States diplomatic compound, motorcade, residence, or other facility, an assessment of whether adequate
security countermeasures were in effect based on a known
threat at the time of the incident;
‘‘(C) if the incident involved an individual or group
of officers, employees, or family members under Chief of
Mission security responsibility conducting approved operations or movements outside the United States mission,
an assessment of whether proper security briefings and
procedures were in place and whether weighing of risk
of the operation or movement took place; and
‘‘(D) an assessment of whether the failure of any officials or employees to follow procedures or perform their
duties contributed to the security incident.
‘‘(3) INVESTIGATIVE TEAM.—The investigative team assembled pursuant to paragraph (2) shall consist of individuals
from the Diplomatic Security Service who shall provide an
independent examination of the facts surrounding the incident
and what occurred. The Secretary, or the Secretary’s designee,

H. R. 7776—1493
shall review the makeup of the investigative team for a conflict,
appearance of conflict, or lack of independence that could undermine the results of the investigation and may remove or replace
any members of the team to avoid such an outcome.
‘‘(b) REPORT OF INVESTIGATION.—Not later than 90 days after
the occurrence of a Serious Security Incident, the investigative
team investigating the incident shall prepare and submit a Report
of Investigation to the Security Review Committee that includes—
‘‘(1) a detailed description of the matters set forth in subparagraphs (A) through (D) of subsection (a)(2), including all
related findings;
‘‘(2) a complete and accurate account of the casualties,
injuries, and damage resulting from the incident; and
‘‘(3) a review of security procedures and directives in place
at the time of the incident.
‘‘(c) CONFIDENTIALITY.—The investigative team investigating a
Serious Security Incident shall adopt such procedures with respect
to confidentiality as determined necessary, including procedures
relating to the conduct of closed proceedings or the submission
and use of evidence in camera, to ensure in particular the protection
of classified information relating to national defense, foreign policy,
or intelligence matters. The Director of National Intelligence shall
establish the level of protection required for intelligence information
and for information relating to intelligence personnel included in
the report required under subsection (b). The Security Review Committee shall determine the level of classification of the final report
prepared pursuant to section 304(b), and shall incorporate the same
confidentiality measures in such report to the maximum extent
practicable.’’.
(g) FINDINGS AND RECOMMENDATIONS OF THE SECURITY REVIEW
COMMITTEE.—Section 304 of the Diplomatic Security Act of 1986
(22 U.S.C. 4834) is amended to read as follows:
‘‘SEC. 304. SECURITY REVIEW COMMITTEE FINDINGS AND REPORT.

‘‘(a) FINDINGS.—The Security Review Committee shall—
‘‘(1) review the Report of Investigation prepared pursuant
to section 303(b), and all other evidence, reporting, and relevant
information relating to a Serious Security Incident at a United
States mission abroad, including an examination of the facts
and circumstances surrounding any serious injuries, loss of
life, or significant destruction of property resulting from the
incident; and
‘‘(2) determine, in writing—
‘‘(A) whether the incident was security related and
constituted a Serious Security Incident;
‘‘(B) if the incident involved a diplomatic compound,
motorcade, residence, or other mission facility—
‘‘(i) whether the security systems, security countermeasures, and security procedures operated as
intended; and
‘‘(ii) whether such systems worked to materially
mitigate the attack or were found to be inadequate
to mitigate the threat and attack;
‘‘(C) if the incident involved an individual or group
of officers conducting an approved operation outside the
mission, whether a valid process was followed in evaluating

H. R. 7776—1494
the requested operation and weighing the risk of the operation, which determination shall not seek to assign accountability for the incident unless the Security Review Committee determines that an official breached his or her duty;
‘‘(D) the impact of intelligence and information availability, and whether the mission was aware of the general
operating threat environment or any more specific threat
intelligence or information and took that into account in
ongoing and specific operations; and
‘‘(E) any other facts and circumstances that may be
relevant to the appropriate security management of United
States missions abroad.
‘‘(b) REPORT.—
‘‘(1) SUBMISSION TO SECRETARY OF STATE.—Not later than
60 days after receiving the Report of Investigation prepared
pursuant to section 303(b), the Security Review Committee
shall submit a report to the Secretary of State that includes—
‘‘(A) the findings described in subsection (a); and
‘‘(B) any related recommendations.
‘‘(2) SUBMISSION TO CONGRESS.—Not later than 90 days
after receiving the report pursuant to paragraph (1), the Secretary of State shall submit a copy of the report to—
‘‘(A) the Committee on Foreign Relations of the Senate;
‘‘(B) the Select Committee on Intelligence of the Senate;
‘‘(C) the Committee on Appropriations of the Senate;
‘‘(D) the Committee on Foreign Affairs of the House
of Representatives;
‘‘(E) the Permanent Select Committee on Intelligence
of the House of Representatives; and
‘‘(F) the Committee on Appropriations of the House
of Representatives.
‘‘(c) PERSONNEL RECOMMENDATIONS.—If in the course of conducting an investigation under section 303, the investigative team
finds reasonable cause to believe any individual described in section
303(a)(2)(D) has breached the duty of that individual or finds lesser
failures on the part of an individual in the performance of his
or her duties related to the incident, it shall be reported to the
Security Review Committee. If the Security Review Committee finds
reasonable cause to support the determination, it shall be reported
to the Secretary for appropriate action.’’.
(h) RELATION TO OTHER PROCEEDINGS.—Section 305 of the Diplomatic Security Act of 1986 (22 U.S.C. 4835) is amended—
(1) by inserting ‘‘(a) NO EFFECT ON EXISTING REMEDIES
OR DEFENSES.—’’ before ‘‘Nothing in this title’’; and
(2) by adding at the end the following:
‘‘(b) FUTURE INQUIRIES.—Nothing in this title may be construed
to preclude the Secretary of State from convening a follow-up public
board of inquiry to investigate any security incident if the incident
was of such magnitude or significance that an internal process
is deemed insufficient to understand and investigate the incident.
All materials gathered during the procedures provided under this
title shall be provided to any related board of inquiry convened
by the Secretary.’’.
(i) TRAINING FOR FOREIGN SERVICE PERSONNEL ON RISK
MANAGEMENT PRACTICES.—Not later than 120 days after the date
of the enactment of this Act, the Secretary shall develop and submit
a strategy to the appropriate congressional committees for training

H. R. 7776—1495
and educating Foreign Service personnel regarding appropriate risk
management practices while conducting their duties in high risk,
high threat environments that includes—
(1) plans to continue to develop and offer additional training
courses, or augment existing courses, for Department personnel
regarding the conduct of their duties in high risk, high threat
environments outside of diplomatic compounds, including for
diplomatic personnel, such as political officers, economic officers, and consular officers;
(2) plans to educate Senior Foreign Service personnel
serving abroad, including ambassadors, chiefs of mission,
deputy chiefs of missions, and regional security officers,
regarding appropriate risk management practices to employ
while evaluating requests for diplomatic operations in high
risk, high threat environments outside of diplomatic compounds; and
(3) plans and strategies for effectively balancing safety
risks with the need for in-person engagement with local governments and populations.
(j) SENSE OF CONGRESS REGARDING THE ESTABLISHMENT OF
THE EXPEDITIONARY DIPLOMACY AWARD.—It is the sense of Congress
that the Secretary should—
(1) encourage expeditionary diplomacy, proper risk management practices, and regular and meaningful engagement with
civil society at the Department by establishing an annual
award, which shall be known as the ‘‘Expeditionary Diplomacy
Award’’, to be awarded to deserving officers and employees
of the Department; and
(2) establish procedures for selecting the recipients of the
Expeditionary Diplomacy Award, including any financial terms
associated with such award.
(k) PROMOTION IN THE FOREIGN SERVICE.—Section 603(b) of
the Foreign Service Act of 1980 (22 U.S.C. 4003(b)) is amended—
(1) in the third sentence of the matter preceding paragraph
(1), by inserting ‘‘and when occupying positions for which the
following is, to any degree, an element of the member’s duties,’’
after ‘‘as the case may be,’’;
(2) in paragraph (1), by striking ‘‘when occupying positions
for which such willingness and ability is, to any degree, an
element of the member’s duties, or’’ and inserting a semicolon;
(3) by striking paragraph (2) and inserting the following:
‘‘(3) other demonstrated experience in public diplomacy;
or’’;
(4) by inserting after paragraph (1) the following:
‘‘(2) a willingness and ability to regularly and meaningfully
engage with civil society and other local actors in country;’’;
and
(5) by inserting after paragraph (3), as redesignated, the
following:
‘‘(4) the ability to effectively manage and assess risk associated with the conduct of diplomatic operations.’’.
(l) REPORTING REQUIREMENT.—Not later than 180 days after
the date of the enactment of this Act and every 180 days thereafter
for the following 2 years, the Secretary shall submit a report to
the appropriate congressional committees describing the Department’s risk management efforts, including information relating to—

H. R. 7776—1496
(1) implementing this section and section 102(b) of the
Diplomatic Security Act (22 U.S.C. 4801), as amended by subsection (c);
(2) encouraging and incentivizing appropriate Foreign
Service personnel to regularly and meaningfully engage with
civil society and other local actors in-country;
(3) promoting a more effective culture of risk management
and greater risk tolerance among all Foreign Service personnel,
including through additional risk management training and
education opportunities; and
(4) incorporating the provisions of this section into the
Foreign Affairs Manual regulations and implementing the
Serious Security Incident Investigation Permanent Coordinating Committee established and convened pursuant to section
302(b) of the Diplomatic Security Act (22 U.S.C. 4832(b)) to
more closely align Department procedures with the procedures
used by other Federal departments and agencies to analyze,
weigh, and manage risk.
SEC. 9303. ESTABLISHMENT OF UNITED STATES EMBASSIES IN SOLOMON ISLANDS, KIRIBATI, AND TONGA AND A DIPLOMATIC PRESENCE IN VANUATU.

(a) FINDINGS.—Congress makes the following findings:
(1) The Pacific Islands are vital to United States national
security and national interests in the Indo-Pacific region and
globally.
(2) The Pacific Islands region spans 15 percent of the
world’s surface area and controls access to open waters in
the Central Pacific, sea lanes to the Western Hemisphere,
supply lines to United States forward-deployed forces in East
Asia, and economically important fisheries.
(3) The Pacific Islands region is home to the State of
Hawaii, 11 United States territories, United States Naval Base
Guam, and United States Andersen Air Force Base.
(4) Pacific Island countries cooperate with the United
States and United States partners on maritime security and
efforts to stop illegal, unreported, and destructive fishing.
(5) The Pacific Islands are rich in biodiversity and are
on the frontlines of environmental challenges and climate
issues.
(6) The People’s Republic of China seeks to increase its
influence in the Pacific Islands region, including through infrastructure development under the People’s Republic of China’s
One Belt, One Road Initiative and its new security agreement
with the Solomon Islands.
(7) The United States closed its embassy in the Solomon
Islands in 1993.
(8) The United States Embassy in Papua New Guinea
manages the diplomatic affairs of the United States to the
Republic of Vanuatu and the Solomon Islands, and the United
States Embassy in Fiji manages the diplomatic affairs of the
United States to the Republic of Kiribati and the Kingdom
of Tonga.
(9) The United States requires a physical and more robust
diplomatic presence in the Republic of Vanuatu, the Republic
of Kiribati, the Solomon Islands, and the Kingdom of Tonga,
to ensure the physical and operational security of our efforts

H. R. 7776—1497
in those countries to deepen relations, protect United States
national security, and pursue United States national interests.
(10) Increasing the number of United States embassies
dedicated solely to a Pacific Island country demonstrates the
United States’ ongoing commitment to the region and to the
Pacific Island countries.
(b) ESTABLISHMENT OF EMBASSIES.—
(1) IN GENERAL.—As soon as possible, the Secretary
should—
(A) establish physical United States embassies in the
Republic of Kiribati and in the Kingdom of Tonga;
(B) upgrade the United States consular agency in the
Solomon Islands to an embassy; and
(C) establish a physical United States Government
presence in the Republic of Vanuatu.
(2) OTHER STRATEGIES.—
(A) PHYSICAL INFRASTRUCTURE.—In establishing
embassies pursuant to paragraph (1) and creating the physical infrastructure to ensure the physical and operational
safety of embassy personnel, the Secretary may pursue
rent or purchase existing buildings or co-locate personnel
in embassies of like-minded partners, such as Australia
and New Zealand.
(B) PERSONNEL.—In establishing a physical presence
in the Republic of Vanuatu pursuant to paragraph (1),
the Secretary may assign 1 or more United States Government personnel to the Republic of Vanuatu as part of
the United States mission in Papua New Guinea.
(3) WAIVER AUTHORITY.—The President may waive the
requirements under paragraph (1) for a period of one year
if the President determines and reports to Congress in advance
that such waiver is necessary to protect the national security
interests of the United States.
(c) AUTHORIZATION OF APPROPRIATIONS.—Of the amounts
authorized to be appropriated to the Department of State for
Embassy Security, Construction, and Maintenance—
(1) $40,200,000 is authorized to be appropriated for fiscal
year 2023—
(A) to establish and maintain the 3 embassies authorized to be established under subsection (b); and
(B) to establish a physical United States Government
presence in the Republic of Vanuatu;
(2) $3,000,000 is authorized to be appropriated for fiscal
year 2024—
(A) to maintain such embassies; and
(B) to establish a physical United States Government
presence in the Republic of Vanuatu;
(d) REPORT.—
(1) DEFINED TERM.—In this subsection, the term ‘‘appropriate committees of Congress’’ means—
(A) the Committee on Foreign Relations of the Senate;
(B) the Committee on Appropriations of the Senate;
(C) the Committee on Foreign Affairs of the House
of Representatives; and
(D) the Committee on Appropriations of the House
of Representatives.

H. R. 7776—1498
(2) PROGRESS REPORT.—Not later than 180 days following
the date of the enactment of this Act, the Secretary shall
submit to the appropriate committees of Congress a report
that includes—
(A) a description of the status of activities carried
out to achieve the objectives described in this section;
(B) an estimate of when embassies and a physical
presence will be fully established pursuant to subsection
(b)(1); and
(C) an update on events in the Pacific Islands region
relevant to the establishment of United States embassies,
including activities by the People’s Republic of China.
(3) REPORT ON FINAL DISPOSITION.—Not later than 2 years
after the date of the enactment of this Act, the Secretary
shall submit a report to the appropriate committees of Congress
that—
(A) confirms the establishment of the 3 embassies and
the physical presence required under subsection (b)(1); or
(B) if the embassies and physical presence required
in subsection (b)(1) have not been established, a justification for such failure to comply with such requirement.

TITLE XCIV—A DIVERSE WORKFORCE:
RECRUITMENT,
RETENTION,
AND
PROMOTION
SEC. 9401. REPORT ON BARRIERS TO APPLYING FOR EMPLOYMENT
WITH THE DEPARTMENT OF STATE.

Not later than 120 days after the date of the enactment of
this Act, the Secretary shall submit a report to the appropriate
congressional committees that—
(1) identifies any barriers for applicants applying for
employment with the Department;
(2) provides demographic data of online applicants during
the most recent 3 years disaggregated by race, ethnicity, sex,
age, veteran status, disability, geographic region;
(3) assesses any barriers that exist for applying online
for employment with the Department, disaggregated by race,
ethnicity, sex, age, veteran status, disability, geographic region;
and
(4) includes recommendations for addressing any disparities identified in the online application process.
SEC.

9402.

COLLECTION, ANALYSIS,
WORKFORCE DATA.

AND

DISSEMINATION

OF

(a) INITIAL 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 includes
disaggregated demographic data and other information regarding
the diversity of the workforce of the Department.
(b) DATA.—The report required under subsection (a) shall
include, to the maximum extent that the collection and dissemination of such data can be done in a way that protects the confidentiality of individuals and is otherwise permissible by law—

H. R. 7776—1499
(1) demographic data on each element of the workforce
of the Department during the 3-year period ending on the
date of the enactment of this Act, disaggregated by rank and
grade or grade-equivalent, with respect to—
(A) individuals hired to join the workforce;
(B) individuals promoted, including promotions to and
within the Senior Executive Service or the Senior Foreign
Service;
(C) individuals serving as special assistants in any
of the offices of the Secretary of State, the Deputy Secretary
of State, the Counselor of the Department of State, the
Secretary’s Policy Planning Staff, the Under Secretary of
State for Arms Control and International Security, the
Under Secretary of State for Civilian Security, Democracy,
and Human Rights, the Under Secretary of State for Economic Growth, Energy, and the Environment, the Under
Secretary of State for Management, the Under Secretary
of State for Political Affairs, and the Under Secretary of
State for Public Diplomacy and Public Affairs;
(D) individuals serving in each bureau’s front office;
(E) individuals serving as detailees to the National
Security Council;
(F) individuals serving on applicable selection boards;
(G) members of any external advisory committee or
board who are subject to appointment by individuals at
senior positions in the Department;
(H) individuals participating in professional development programs of the Department and the extent to which
such participants have been placed into senior positions
within the Department after such participation;
(I) individuals participating in mentorship or retention
programs; and
(J) individuals who separated from the agency,
including individuals in the Senior Executive Service or
the Senior Foreign Service;
(2) an assessment of agency compliance with the essential
elements identified in Equal Employment Opportunity Commission Management Directive 715, effective October 1, 2003;
(3) data on the overall number of individuals who are
part of the workforce, the percentages of such workforce corresponding to each element specified in paragraph (1), and
the percentages corresponding to each rank, grade, or grade
equivalent; and
(4) the total amount of funds spent by the Department
for the purposes of advancing diversity, equity, inclusion, and
accessibility during each of the 4 previous fiscal years,
disaggregated, to the extent practicable, by bureau and activity,
including, as outlined in the Department’s 2022 Diversity,
Equity, Inclusion and Accessibility Strategic Plan—
(A) workforce pay and compensation;
(B) recruitment, hiring, promotions, and retention;
(C) reasonable accommodations for disability and religion;
(D) safe workplaces; and
(E) addressing sexual harassment and discrimination.

H. R. 7776—1500
(c) EFFECTIVENESS OF DEPARTMENT EFFORTS.—The report
required under subsection (a) shall describe and assess the effectiveness of the efforts of the Department—
(1) to propagate fairness, impartiality, and inclusion in
the work environment, both domestically and abroad;
(2) to enforce anti-harassment and anti-discrimination policies, both domestically and at posts overseas;
(3) to refrain from engaging in unlawful discrimination
in any phase of the employment process, including recruitment,
hiring, evaluation, assignments, promotion, retention, and
training;
(4) to prevent retaliation against employees for participating in a protected equal employment opportunity activity
or for reporting sexual harassment or sexual assault;
(5) to provide reasonable accommodation for qualified
employees and applicants with disabilities;
(6) to recruit a representative workforce by—
(A) recruiting women, persons with disabilities, and
minorities;
(B) recruiting at women’s colleges, historically Black
colleges and universities, minority-serving institutions, and
other institutions serving a significant percentage of
minority students;
(C) placing job advertisements in newspapers, magazines, and job sites oriented toward women and minorities;
(D) sponsoring and recruiting at job fairs in urban
and rural communities and at land-grant colleges or universities;
(E) providing opportunities through the Foreign Service
Internship Program under chapter 12 of the Foreign Service
Act of 1980 (22 U.S.C. 4141 et seq.), and other hiring
initiatives;
(F) recruiting mid-level and senior-level professionals
through programs designed to increase representation in
international affairs of people belonging to traditionally
underrepresented groups;
(G) offering the Foreign Service written and oral
assessment examinations in several locations throughout
the United States or via online platforms to reduce the
burden of applicants having to travel at their own expense
to take either or both such examinations;
(H) expanding the use of paid internships; and
(I) supporting recruiting and hiring opportunities
through—
(i) the Charles B. Rangel International Affairs
Fellowship Program;
(ii) the Thomas R. Pickering Foreign Affairs
Fellowship Program; and
(iii) other initiatives, including agency-wide policy
initiatives; and
(7) to ensure transparency and accountability in the work
of the Chief Diversity and Inclusion Officer and the Secretary’s
Office of Diversity and Inclusion, particularly by—
(A) avoiding any duplication of existing diversity,
equity, inclusion, and accessibility efforts, including with
the Bureau of Global Talent Management, the Office of
Civil Rights, and other Department offices; and

H. R. 7776—1501
(B) requiring measurable impacts in hiring, retention,
and other aspects of the Diversity, Equity, Inclusion and
Accessibility Strategic Plan.
(d) ANNUAL REPORT.—
(1) IN GENERAL.—Not later than 1 year after the publication
of the report required under subsection (a), and annually thereafter for the following 5 years, the Secretary shall submit
a report to the appropriate congressional committees, and make
such report available on the Department’s website, that
includes, without compromising the confidentiality of individuals and to the extent otherwise consistent with law—
(A) disaggregated demographic data, to the maximum
extent that collection of such data is permissible by law,
relating to the workforce and information on the status
of diversity and inclusion efforts of the Department;
(B) an analysis of applicant flow data, to the maximum
extent that collection of such data is permissible by law;
and
(C) disaggregated demographic data relating to participants in professional development programs of the Department and the rate of placement into senior positions for
participants in such programs.
(2) COMBINATION WITH OTHER ANNUAL REPORT.—The report
required under paragraph (1) may be combined with another
annual report required by law, to the extent practicable.
SEC. 9403. CENTERS OF EXCELLENCE IN FOREIGN AFFAIRS AND
ASSISTANCE.

(a) PURPOSE.—The purposes of this section are—
(1) to advance the values and interests of the United States
overseas through programs that foster innovation, competitiveness, and a plethora of backgrounds, views, and experience
in the formulation and implementation of United States foreign
policy and assistance; and
(2) to create opportunities for specialized research, education, training, professional development, and leadership
opportunities for individuals belonging to an underrepresented
group within the Department and USAID.
(b) STUDY.—
(1) IN GENERAL.—The Secretary and the Administrator of
USAID shall conduct a study on the feasibility of establishing
Centers of Excellence in Foreign Affairs and Assistance
(referred to in this section as the ‘‘Centers of Excellence’’)
within institutions that serve individuals belonging to an underrepresented group to focus on 1 or more of the areas described
in paragraph (2).
(2) ELEMENTS.—In conducting the study required under
paragraph (1), the Secretary and the Administrator, respectively, shall consider—
(A) opportunities to enter into public-private partnerships that will—
(i) increase interest in foreign affairs and foreign
assistance Federal careers;
(ii) prepare an assorted cadre of students
(including nontraditional, mid-career, part-time, and

H. R. 7776—1502
heritage students) and nonprofit or business professionals with the skills and education needed to meaningfully contribute to the formulation and execution
of United States foreign policy and assistance;
(iii) support the conduct of research, education,
and extension programs that reflect a wide range of
perspectives and views of world regions and international affairs—
(I) to assist in the development of regional
and functional foreign policy skills;
(II) to strengthen international development
and humanitarian assistance programs; and
(III) to strengthen democratic institutions and
processes in policymaking, including in education,
health, wealth, justice, and other sectors;
(iv) enable domestic and international educational,
internship, fellowship, faculty exchange, training,
employment or other innovative programs to acquire
or strengthen knowledge of foreign languages, cultures,
societies, and international skills and perspectives;
(v) support collaboration among institutions of
higher education, including community colleges, nonprofit organizations, and corporations, to strengthen
the engagement between experts and practitioners in
the foreign affairs and foreign assistance fields; and
(vi) leverage additional public-private partnerships
with nonprofit organizations, foundations, corporations,
institutions of higher education, and the Federal
Government; and
(B) budget and staffing requirements, including appropriate sources of funding, for the establishment and conduct
of operations of such Centers of Excellence.
(c) REPORT.—Not later than 120 days after the date of the
enactment of this Act, the Secretary shall submit a report to the
appropriate congressional committees that contains the findings
of the study conducted pursuant to subsection (b).
SEC. 9404. PROMOTING TRANSPARENCY AND ACCOUNTABILITY IN THE
DEPARTMENT OF STATE WORKFORCE.

(a) IN GENERAL.—The Secretary should establish a mechanism
to ensure that appointments or details of Department career
employees to staff positions in the Office of the Secretary, the
Office of the Deputy Secretary of State, the Office of the Counselor
of the Department, any office of the Secretary’s Policy Planning
Staff, and any office of an Under Secretary of State, and details
to the National Security Council, are transparent, competitive,
inclusive, and merit-based.
(b) REPORT.—Not later than 90 days after the date of the
enactment of this Act, the Secretary shall submit a report to the
appropriate congressional committees regarding the mechanism
established pursuant to subsection (a).
(c) AVAILABILITY.—The Secretary shall—
(1) use transparent, competitive, inclusive, and merit-based
processes for appointments and details to the staff positions
specified in subsection (a); and

H. R. 7776—1503
(2) ensure that such positions are equally available to
all employees of the Civil Service and the Foreign Service
of the Department.
SEC. 9405. RULE OF CONSTRUCTION.

Nothing in this title may be construed as altering existing
law regarding merit system principles.

TITLE XCV—INFORMATION SECURITY
AND CYBER DIPLOMACY
SEC. 9501. UNITED STATES INTERNATIONAL CYBERSPACE POLICY.

(a) IN GENERAL.—It is the policy of the United States—
(1) to work internationally to promote an open, interoperable, reliable, and secure internet governed by the multi-stakeholder model, which—
(A) promotes democracy, the rule of law, and human
rights, including freedom of expression;
(B) supports the ability to innovate, communicate, and
promote economic prosperity; and
(C) is designed to protect privacy and guard against
deception, malign influence, incitement to violence, harassment and abuse, fraud, and theft;
(2) to encourage and aid United States allies and partners
in improving their own technological capabilities and resiliency
to pursue, defend, and protect shared interests and values,
free from coercion and external pressure; and
(3) in furtherance of the efforts described in paragraphs
(1) and (2)—
(A) to provide incentives to the private sector to accelerate the development of the technologies referred to in
such paragraphs;
(B) to modernize and harmonize with allies and partners export controls and investment screening regimes and
associated policies and regulations; and
(C) to enhance United States leadership in technical
standards-setting bodies and avenues for developing norms
regarding the use of digital tools.
(b) IMPLEMENTATION.—In implementing the policy described
in subsection (a), the President, in consultation with outside actors,
as appropriate, including private sector companies, nongovernmental organizations, security researchers, and other relevant
stakeholders, in the conduct of bilateral and multilateral relations,
shall strive—
(1) to clarify the applicability of international laws and
norms to the use of information and communications technology
(referred to in this subsection as ‘‘ICT’’);
(2) to reduce and limit the risk of escalation and retaliation
in cyberspace, damage to critical infrastructure, and other malicious cyber activity that impairs the use and operation of critical
infrastructure that provides services to the public;
(3) to cooperate with like-minded countries that share
common values and cyberspace policies with the United States,
including respect for human rights, democracy, and the rule
of law, to advance such values and policies internationally;

H. R. 7776—1504
(4) to encourage the responsible development of new,
innovative technologies and ICT products that strengthen a
secure internet architecture that is accessible to all;
(5) to secure and implement commitments on responsible
country behavior in cyberspace, including commitments by
countries—
(A) not to conduct, or knowingly support, cyber-enabled
theft of intellectual property, including trade secrets or
other confidential business information, with the intent
of providing competitive advantages to companies or
commercial sectors;
(B) to take all appropriate and reasonable efforts to
keep their territories clear of intentionally wrongful acts
using ICT in violation of international commitments;
(C) not to conduct or knowingly support ICT activity
that intentionally damages or otherwise impairs the use
and operation of critical infrastructure providing services
to the public, in violation of international law;
(D) to take appropriate measures to protect the country’s critical infrastructure from ICT threats;
(E) not to conduct or knowingly support malicious
international activity that harms the information systems
of authorized international emergency response teams (also
known as ‘‘computer emergency response teams’’ or ‘‘cybersecurity incident response teams’’) of another country or
authorize emergency response teams to engage in malicious
international activity, in violation of international law;
(F) to respond to appropriate requests for assistance
to mitigate malicious ICT activity emanating from their
territory and aimed at the critical infrastructure of another
country;
(G) not to restrict cross-border data flows or require
local storage or processing of data; and
(H) to protect the exercise of human rights and fundamental freedoms on the internet, while recognizing that
the human rights that people have offline also need to
be protected online; and
(6) to advance, encourage, and support the development
and adoption of internationally recognized technical standards
and best practices.
SEC. 9502. BUREAU OF CYBERSPACE AND DIGITAL POLICY.

(a) IN GENERAL.—Section 1 of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2651a), is amended—
(1) by redesignating subsections (i) and (j) as subsection
(j) and (k), respectively;
(2) by redesignating subsection (h) (as added by section
361(a)(1) of division FF of the Consolidated Appropriations
Act, 2021 (Public Law 116–260)) as subsection (l); and
(3) by inserting after subsection (h) the following:
‘‘(i) BUREAU OF CYBERSPACE AND DIGITAL POLICY.—
‘‘(1) IN GENERAL.—There is established, within the Department of State, the Bureau of Cyberspace and Digital Policy
(referred to in this subsection as the ‘Bureau’). The head of
the Bureau shall have the rank and status of ambassador
and shall be appointed by the President, by and with the
advice and consent of the Senate.

H. R. 7776—1505
‘‘(2) DUTIES.—
‘‘(A) IN GENERAL.—The head of the Bureau shall perform such duties and exercise such powers as the Secretary
of State shall prescribe, including implementing the diplomatic and foreign policy aspects of the policy described
in section 9501(a) of the Department of State Authorization
Act of 2022.
‘‘(B) DUTIES DESCRIBED.—The principal duties and
responsibilities of the head of the Bureau shall, in furtherance of the diplomatic and foreign policy mission of the
Department of State, be—
‘‘(i) to serve as the principal cyberspace policy official within the senior management of the Department
of State and as the advisor to the Secretary of State
for cyberspace and digital issues;
‘‘(ii) to lead, coordinate, and execute, in coordination with other relevant bureaus and offices, the
Department of State’s diplomatic cyberspace, and
cybersecurity efforts (including efforts related to data
privacy, data flows, internet governance, information
and communications technology standards, and other
issues that the Secretary has assigned to the Bureau);
‘‘(iii) to coordinate with relevant Federal agencies
and the Office of the National Cyber Director to ensure
the diplomatic and foreign policy aspects of the cyber
strategy in section 9501 of the Department of State
Authorization Act of 2022 and any other subsequent
strategy are implemented in a manner that is fully
integrated with the broader strategy;
‘‘(iv) to promote an open, interoperable, reliable,
and secure information and communications technology
infrastructure globally;
‘‘(v) to represent the Secretary of State in interagency efforts to develop and advance Federal Government cyber priorities and activities, including efforts
to develop credible national capabilities, strategies, and
policies to deter and counter cyber adversaries, and
carry out the purposes of title V of the Department
of State Authorization Act of 2022;
‘‘(vi) to engage civil society, the private sector,
academia, and other public and private entities on
relevant international cyberspace and international
information and communications technology issues;
‘‘(vii) to support United States Government efforts
to uphold and further develop global deterrence frameworks for malicious cyber activity;
‘‘(viii) to advise the Secretary of State and coordinate with foreign governments regarding responses to
national security-level cyber incidents, including
coordination on diplomatic response efforts to support
allies and partners threatened by malicious cyber
activity, in conjunction with members of the North
Atlantic Treaty Organization and like-minded countries;
‘‘(ix) to promote the building of foreign capacity
relating to cyberspace policy priorities;

H. R. 7776—1506
‘‘(x) to promote an open, interoperable, reliable,
and secure information and communications technology
infrastructure globally and an open, interoperable,
secure, and reliable internet governed by the multistakeholder model;
‘‘(xi) to promote an international environment for
technology investments and the internet that benefits
United States economic and national security interests;
‘‘(xii) to promote cross-border flow of data and combat international initiatives seeking to impose
unreasonable
requirements
on
United
States
businesses;
‘‘(xiii) to promote international policies to protect
the integrity of United States and international telecommunications infrastructure from foreign-based
threats, including cyber-enabled threats;
‘‘(xiv) to lead engagement, in coordination with
relevant executive branch agencies, with foreign
governments on relevant international cyberspace,
cybersecurity, cybercrime, and digital economy issues
described in title V of the Department of State
Authorization Act of 2022;
‘‘(xv) to promote international policies, in coordination with the Department of Commerce, to secure radio
frequency spectrum in the best interests of the United
States;
‘‘(xvi) to promote and protect the exercise of human
rights, including freedom of speech and religion,
through the internet;
‘‘(xvii) to build capacity of United States diplomatic
officials to engage on cyberspace issues;
‘‘(xviii) to encourage the development and adoption
by foreign countries of internationally recognized
standards, policies, and best practices;
‘‘(xix) to support efforts by the Global Engagement
Center to counter cyber-enabled information operations
against the United States or its allies and partners;
and
‘‘(xx) to conduct such other matters as the Secretary of State may assign.
‘‘(3) QUALIFICATIONS.—The head of the Bureau should be
an individual of demonstrated competency in the fields of—
‘‘(A) cybersecurity and other relevant cyberspace and
information and communications technology policy issues;
and
‘‘(B) international diplomacy.
‘‘(4) ORGANIZATIONAL PLACEMENT.—
‘‘(A) INITIAL PLACEMENT.—Except as provided in
subparagraph (B), the head of the Bureau shall report
to the Deputy Secretary of State.
‘‘(B) SUBSEQUENT PLACEMENT.—The head of the
Bureau may report to an Under Secretary of State or
to an official holding a higher position than Under Secretary if, not later than 15 days before any change in
such reporting structure, the Secretary of State—

H. R. 7776—1507
‘‘(i) consults with the Committee on Foreign Relations of the Senate and the Committee on Foreign
Affairs of the House of Representatives; and
‘‘(ii) submits a report to such committees that—
‘‘(I) indicates that the Secretary, with respect
to the reporting structure of the Bureau, has consulted with and solicited feedback from—
‘‘(aa) other relevant Federal entities with
a role in international aspects of cyber policy;
and
‘‘(bb) the elements of the Department of
State with responsibility for aspects of cyber
policy, including the elements reporting to—
‘‘(AA) the Under Secretary of State
for Political Affairs;
‘‘(BB) the Under Secretary of State
for Civilian Security, Democracy, and
Human Rights;
‘‘(CC) the Under Secretary of State
for Economic Growth, Energy, and the
Environment;
‘‘(DD) the Under Secretary of State
for Arms Control and International Security Affairs;
‘‘(EE) the Under Secretary of State
for Management; and
‘‘(FF) the Under Secretary of State
for Public Diplomacy and Public Affairs;
‘‘(II) describes the new reporting structure for
the head of the Bureau and the justification for
such new structure; and
‘‘(III) includes a plan describing how the new
reporting structure will better enable the head
of the Bureau to carry out the duties described
in paragraph (2), including the security, economic,
and human rights aspects of cyber diplomacy.
‘‘(5) SPECIAL HIRING AUTHORITIES.—The Secretary of State
may—
‘‘(A) appoint up to 25 employees to cyber positions
in the Bureau without regard to the provisions of subchapter I of chapter 33 of title 5, United States Code,
regarding appointments in the competitive service; and
‘‘(B) fix the rates of basic pay of such employees without
regard to chapter 51 and subchapter III of chapter 53
of such title regarding classification and General Schedule
pay rates, provided that the rates for such positions do
not exceed the annual rate of basic pay in effect for a
position at level IV of the Executive Schedule under section
5315 of title 5, United States Code.
‘‘(6) COORDINATION.—In implementing the duties prescribed
under paragraph (2), the head of the Bureau shall coordinate
with the heads of other Federal agencies, including the Department of Commerce, the Department of Homeland Security,
and other Federal agencies that the National Cyber Director
deems appropriate.
‘‘(7) RULE OF CONSTRUCTION.—Nothing in this subsection
may be construed—

H. R. 7776—1508
‘‘(A) to preclude the head of the Bureau from being
designated as an Assistant Secretary, if such an Assistant
Secretary position does not increase the number of Assistant Secretary positions at the Department above the
number authorized under subsection (c)(1); or
‘‘(B) to alter or modify the existing authorities of any
other Federal agency or official.’’.
(b) SENSE OF CONGRESS.—It is the sense of Congress that
the Bureau established under section 1(i) of the State Department
Basic Authorities Act of 1956, as added by subsection (a), should
have a diverse workforce composed of qualified individuals,
including individuals belonging to an underrepresented group.
(c) UNITED NATIONS.—The Permanent Representative of the
United States to the United Nations should use the voice, vote,
and influence of the United States to oppose any measure that
is inconsistent with the policy described in section 9501(a).
SEC.

9503.

INTERNATIONAL
STRATEGY.

CYBERSPACE

AND

DIGITAL

POLICY

(a) STRATEGY REQUIRED.—Not later than 1 year after the date
of the enactment of this Act, the President, acting through the
Secretary, and in coordination with the heads of other relevant
Federal departments and agencies, shall develop an international
cyberspace and digital policy strategy.
(b) ELEMENTS.—The strategy required under subsection (a)
shall include—
(1) a review of actions and activities undertaken to support
the policy described in section 9501(a);
(2) a plan of action to guide the diplomacy of the Department with regard to foreign countries, including—
(A) conducting bilateral and multilateral activities—
(i) to develop and support the implementation of
norms of responsible country behavior in cyberspace
consistent with the commitments listed in section
9501(b)(5);
(ii) to reduce the frequency and severity of
cyberattacks on United States individuals, businesses,
governmental agencies, and other organizations;
(iii) to reduce cybersecurity risks to United States
and allied critical infrastructure;
(iv) to improve allies’ and partners’ collaboration
with the United States on cybersecurity issues,
including information sharing, regulatory coordination
and improvement, and joint investigatory and law
enforcement operations related to cybercrime; and
(v) to share best practices and advance proposals
to strengthen civilian and private sector resiliency to
threats and access to opportunities in cyberspace; and
(B) reviewing the status of existing efforts in relevant
multilateral fora, as appropriate, to obtain commitments
on international norms regarding cyberspace;
(3) a review of alternative concepts for international norms
regarding cyberspace offered by foreign countries;
(4) a detailed description, in consultation with the Office
of the National Cyber Director and relevant Federal agencies,
of new and evolving threats regarding cyberspace from foreign
adversaries, state-sponsored actors, and non-state actors to—

H. R. 7776—1509
(A) United States national security;
(B) the Federal and private sector cyberspace infrastructure of the United States;
(C) intellectual property in the United States; and
(D) the privacy and security of citizens of the United
States;
(5) a review of the policy tools available to the President
to deter and de-escalate tensions with foreign countries, statesponsored actors, and private actors regarding—
(A) threats in cyberspace;
(B) the degree to which such tools have been used;
and
(C) whether such tools have been effective deterrents;
(6) a review of resources required to conduct activities
to build responsible norms of international cyber behavior;
(7) a review, in coordination with the Office of the National
Cyber Director and the Office of Management and Budget,
to determine whether the budgetary resources, technical expertise, legal authorities, and personnel available to the Department are adequate to achieve the actions and activities undertaken by the Department to support the policy described in
section 9501(a);
(8) a review to determine whether the Department is properly organized and coordinated with other Federal agencies
to achieve the objectives described in section 9501(b); and
(9) a plan of action, developed in coordination with the
Department of Defense and in consultation with other relevant
Federal departments and agencies as the President may direct,
with respect to the inclusion of cyber issues in mutual defense
agreements.
(c) FORM OF STRATEGY.—
(1) PUBLIC AVAILABILITY.—The strategy required under subsection (a) shall be available to the public in unclassified form,
including through publication in the Federal Register.
(2) CLASSIFIED ANNEX.—The strategy required under subsection (a) may include a classified annex.
(d) BRIEFING.—Not later than 30 days after the completion
of the strategy required under subsection (a), the Secretary shall
brief the Committee on Foreign Relations of the Senate, the Select
Committee on Intelligence of the Senate, the Committee on Armed
Services of the Senate, the Committee on Foreign Affairs of the
House of Representatives, the Permanent Select Committee on
Intelligence of the House of Representatives, and the Committee
on Armed Services of the House of Representatives regarding the
strategy, including any material contained in a classified annex.
(e) UPDATES.—The strategy required under subsection (a) shall
be updated—
(1) not later than 90 days after any material change to
United States policy described in such strategy; and
(2) not later than 1 year after the inauguration of each
new President.
SEC. 9504. GOVERNMENT ACCOUNTABILITY OFFICE REPORT ON CYBER
DIPLOMACY.

Not later than 18 months after the date of the enactment
of this Act, the Comptroller General of the United States shall

H. R. 7776—1510
submit a report and provide a briefing to the appropriate congressional committees that includes—
(1) an assessment of the extent to which United States
diplomatic processes and other efforts with foreign countries,
including through multilateral fora, bilateral engagements, and
negotiated cyberspace agreements, advance the full range of
United States interests regarding cyberspace, including the
policy described in section 9501(a);
(2) an assessment of the Department’s organizational structure and approach to managing its diplomatic efforts to advance
the full range of United States interests regarding cyberspace,
including a review of—
(A) the establishment of a Bureau within the Department to lead the Department’s international cyber mission;
(B) the current or proposed diplomatic mission, structure, staffing, funding, and activities of such Bureau;
(C) how the establishment of such Bureau has impacted
or is likely to impact the structure and organization of
the Department; and
(D) what challenges, if any, the Department has faced
or will face in establishing such Bureau; and
(3) any other matters that the Comptroller General determines to be relevant.
SEC. 9505. REPORT ON DIPLOMATIC PROGRAMS TO DETECT AND
RESPOND TO CYBER THREATS AGAINST ALLIES AND
PARTNERS.

Not later than 180 days after the date of the enactment of
this Act, the Secretary, in coordination with the heads of other
relevant Federal agencies, shall submit a report to the appropriate
congressional committees that assesses the capabilities of the
Department to provide civilian-led support for acute cyber incident
response in ally and partner countries that includes—
(1) a description and assessment of the Department’s
coordination with cyber programs and operations of the Department of Defense and the Department of Homeland Security;
(2) recommendations on how to improve coordination and
executive of Department involvement in programs or operations
to support allies and partners in responding to acute cyber
incidents; and
(3) the budgetary resources, technical expertise, legal
authorities, and personnel needed for the Department to formulate and implement the programs described in this section.
SEC. 9506. CYBERSECURITY RECRUITMENT AND RETENTION.

(a) SENSE OF CONGRESS.—It is the sense of Congress that
improving computer programming language proficiency will
improve—
(1) the cybersecurity effectiveness of the Department; and
(2) the ability of foreign service officers to engage with
foreign audiences on cybersecurity matters.
(b) TECHNOLOGY TALENT ACQUISITION.—
(1) ESTABLISHMENT.—The Secretary shall establish positions within the Bureau of Global Talent Management that
are solely dedicated to the recruitment and retention of Department personnel with backgrounds in cybersecurity, engineering,
data science, application development, artificial intelligence,

H. R. 7776—1511
critical and emerging technology, and technology and digital
policy.
(2) GOALS.—The goals of the positions described in paragraph (1) shall be—
(A) to fulfill the critical need of the Department to
recruit and retain employees for cybersecurity, digital, and
technology positions;
(B) to actively recruit relevant candidates from academic institutions, the private sector, and related industries;
(C) to work with the Office of Personnel Management
and the United States Digital Service to develop and implement best strategies for recruiting and retaining technology
talent; and
(D) to inform and train supervisors at the Department
on the use of the authorities listed in subsection (c)(1).
(3) IMPLEMENTATION PLAN.—Not later than 180 days after
the date of the enactment of this Act, the Secretary shall
submit a plan to the appropriate congressional committees
that describes how the objectives and goals set forth in paragraphs (1) and (2) will be implemented.
(4) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated $750,000 for each of the fiscal years
2023 through 2027 to carry out this subsection.
(c) ANNUAL REPORT ON HIRING AUTHORITIES.—Not later than
1 year after the date of the enactment of this Act, and annually
thereafter for the following 5 years, the Secretary shall submit
a report to the appropriate congressional committees that includes—
(1) a list of the hiring authorities available to the Department to recruit and retain personnel with backgrounds in cybersecurity, engineering, data science, application development,
artificial intelligence, critical and emerging technology, and
technology and digital policy;
(2) a list of which hiring authorities described in paragraph
(1) have been used during the previous 5 years;
(3) the number of employees in qualified positions hired,
aggregated by position and grade level or pay band;
(4) the number of employees who have been placed in
qualified positions, aggregated by bureau and offices within
the Department;
(5) the rate of attrition of individuals who begin the hiring
process and do not complete the process and a description
of the reasons for such attrition;
(6) the number of individuals who are interviewed by subject matter experts and the number of individuals who are
not interviewed by subject matter experts; and
(7) recommendations for—
(A) reducing the attrition rate referred to in paragraph
(5) by 5 percent each year;
(B) additional hiring authorities needed to acquire
needed technology talent;
(C) hiring personnel to hold public trust positions until
such personnel can obtain the necessary security clearance;
and
(D) informing and training supervisors within the
Department on the use of the authorities listed in paragraph (1).

H. R. 7776—1512
(d) INCENTIVE PAY FOR CYBERSECURITY PROFESSIONALS.—To
increase the number of qualified candidates available to fulfill the
cybersecurity needs of the Department, the Secretary shall—
(1) include computer programming languages within the
Recruitment Language Program; and
(2) provide appropriate language incentive pay.
(e) REPORT.—Not later than 1 year after the date of the enactment of this Act, and annually thereafter for the following 5 years,
the Secretary shall provide a list to the appropriate congressional
committees that identifies—
(1) the computer programming languages included within
the Recruitment Language Program and the language incentive
pay rate; and
(2) the number of individuals benefitting from the inclusion
of such computer programming languages in the Recruitment
Language Program and language incentive pay.
SEC. 9507. SHORT COURSE ON EMERGING TECHNOLOGIES FOR SENIOR
OFFICIALS.

(a) IN GENERAL.—Not later than 1 year after the date of the
enactment of this Act, the Secretary shall develop and begin providing, for senior officials of the Department, a course addressing
how the most recent and relevant technologies affect the activities
of the Department.
(b) THROUGHPUT OBJECTIVES.—The Secretary should ensure
that—
(1) during the first year that the course developed pursuant
to subsection (a) is offered, not fewer than 20 percent of senior
officials are certified as having passed such course; and
(2) in each subsequent year, until the date on which 80
percent of senior officials are certified as having passed such
course, an additional 10 percent of senior officials are certified
as having passed such course.
SEC. 9508. ESTABLISHMENT AND EXPANSION OF REGIONAL TECHNOLOGY OFFICER PROGRAM.

(a) REGIONAL TECHNOLOGY OFFICER PROGRAM.—
(1) ESTABLISHMENT.—The Secretary shall establish a program, which shall be known as the ‘‘Regional Technology Officer
Program’’ (referred to in this section as the ‘‘Program’’).
(2) GOALS.—The goals of the Program shall include the
following:
(A) Promoting United States leadership in technology
abroad.
(B) Working with partners to increase the deployment
of critical and emerging technology in support of democratic
values.
(C) Shaping diplomatic agreements in regional and
international fora with respect to critical and emerging
technologies.
(D) Building diplomatic capacity for handling critical
and emerging technology issues.
(E) Facilitating the role of critical and emerging technology in advancing the foreign policy objectives of the
United States through engagement with research labs,
incubators, and venture capitalists.
(F) Maintaining the advantages of the United States
with respect to critical and emerging technologies.

H. R. 7776—1513
(b) IMPLEMENTATION PLAN.—Not later than 180 days after the
date of the enactment of this Act, the Secretary shall submit an
implementation plan to the appropriate congressional committees
that outlines strategies for—
(1) advancing the goals described in subsection (a)(2);
(2) hiring Regional Technology Officers and increasing the
competitiveness of the Program within the Foreign Service
bidding process;
(3) expanding the Program to include a minimum of 15
Regional Technology Officers; and
(4) assigning not fewer than 2 Regional Technology Officers
to posts within—
(A) each regional bureau of the Department; and
(B) the Bureau of International Organization Affairs.
(c) ANNUAL BRIEFING REQUIREMENT.—Not later than 180 days
after the date of the enactment of this Act, and annually thereafter
for the following 5 years, the Secretary shall brief the appropriate
congressional committees regarding the status of the implementation plan required under subsection (b).
(d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated up to $25,000,000 for each of the fiscal years
2023 through 2027 to carry out this section.
SEC. 9509. VULNERABILITY DISCLOSURE POLICY AND BUG BOUNTY
PROGRAM REPORT.

(a) DEFINITIONS.—In this section:
(1) BUG BOUNTY PROGRAM.—The term ‘‘bug bounty program’’ means a program under which an approved individual,
organization, or company is temporarily authorized to identify
and report vulnerabilities of internet-facing information technology of the Department in exchange for compensation.
(2) INFORMATION TECHNOLOGY.—The term ‘‘information
technology’’ has the meaning given such term in section 11101
of title 40, United States Code.
(b) VULNERABILITY DISCLOSURE POLICY.—
(1) IN GENERAL.—Not later than 180 days after the date
of the enactment of this Act, the Secretary shall design, establish, and make publicly known a Vulnerability Disclosure Policy
(referred to in this section as the ‘‘VDP’’) to improve Department
cybersecurity by—
(A) creating Department policy and infrastructure to
receive reports of and remediate discovered vulnerabilities
in line with existing policies of the Office of Management
and Budget and the Department of Homeland Security
Binding Operational Directive 20–01 or any subsequent
directive; and
(B) providing a report on such policy and infrastructure
to Congress.
(2) ANNUAL REPORTS.—Not later than 180 days after the
establishment of the VDP pursuant to paragraph (1), and
annually thereafter for the following 5 years, the Secretary
shall submit a report on the VDP to the Committee on Foreign
Relations of the Senate, the Committee on Homeland Security
and Governmental Affairs of the Senate, the Select Committee
on Intelligence of the Senate, the Committee on Foreign Affairs
of the House of Representatives, the Committee on Homeland
Security of the House of Representatives, and the Permanent

H. R. 7776—1514
Select Committee on Intelligence of the House of Representatives that includes information relating to—
(A) the number and severity of all security
vulnerabilities reported;
(B) the number of previously unidentified security
vulnerabilities remediated as a result;
(C) the current number of outstanding previously
unidentified security vulnerabilities and Department of
State remediation plans;
(D) the average time between the reporting of security
vulnerabilities and remediation of such vulnerabilities;
(E) the resources, surge staffing, roles, and responsibilities within the Department used to implement the VDP
and complete security vulnerability remediation;
(F) how the VDP identified vulnerabilities are incorporated
into
existing
Department
vulnerability
prioritization and management processes;
(G) any challenges in implementing the VDP and plans
for expansion or contraction in the scope of the VDP across
Department information systems; and
(H) any other topic that the Secretary determines to
be relevant.
(c) BUG BOUNTY PROGRAM REPORT.—
(1) IN GENERAL.—Not later than 180 days after the date
of the enactment of this Act, the Secretary shall submit a
report to Congress that describes any ongoing efforts by the
Department or a third-party vendor under contract with the
Department to establish or carry out a bug bounty program
that identifies security vulnerabilities of internet-facing
information technology of the Department.
(2) REPORT.—Not later than 180 days after the date on
which any bug bounty program is established, the Secretary
shall submit a report to the Committee on Foreign Relations
of the Senate, the Committee on Homeland Security and
Governmental Affairs of the Senate, the Committee on Foreign
Affairs of the House of Representatives, and the Committee
on Homeland Security of the House of Representatives
regarding such program, including information relating to—
(A) the number of approved individuals, organizations,
or companies involved in such program, disaggregated by
the number of approved individuals, organizations, or
companies that—
(i) registered;
(ii) were approved;
(iii) submitted security vulnerabilities; and
(iv) received compensation;
(B) the number and severity of all security
vulnerabilities reported as part of such program;
(C) the number of previously unidentified security
vulnerabilities remediated as a result of such program;
(D) the current number of outstanding previously
unidentified security vulnerabilities and Department
remediation plans for such outstanding vulnerabilities;
(E) the average length of time between the reporting
of security vulnerabilities and remediation of such
vulnerabilities;

H. R. 7776—1515
(F) the types of compensation provided under such
program;
(G) the lessons learned from such program;
(H) the public accessibility of contact information for
the Department regarding the bug bounty program;
(I) the incorporation of bug bounty program identified
vulnerabilities into existing Department vulnerability
prioritization and management processes; and
(J) any challenges in implementing the bug bounty
program and plans for expansion or contraction in the
scope of the bug bounty program across Department
information systems.

TITLE XCVI—PUBLIC DIPLOMACY
SEC. 9601. UNITED STATES PARTICIPATION IN INTERNATIONAL FAIRS
AND EXPOSITIONS.

(a) DEFINED TERM.—In this section, the term ‘‘appropriate
committees of Congress’’ means—
(1) the Committee on Foreign Relations of the Senate;
(2) the Committee on Appropriations of the Senate;
(3) the Committee on Foreign Affairs of the House of Representatives; and
(4) the Committee on Appropriations of the House of Representatives.
(b) AUTHORIZATION OF APPROPRIATIONS.—Consistent with section 204 of the Admiral James W. Nance and Meg Donovan Foreign
Relations Authorization Act, Fiscal Years 2000 and 2001 (22 U.S.C.
2452b), subject to subsections (c) and (d), there is authorized to
be appropriated to the Department up to $25,000,000 for each
of the fiscal years 2023 and 2024 for United States participation
in international fairs and expositions abroad, including for the
construction and operation of a United States pavilion at Expo
2025 Osaka.
(c) COST-SHARE REQUIREMENT.—Amounts made available
pursuant to subsection (b) to the Department for a United States
pavilion or other major exhibit at an international fair or exposition
abroad shall be made available on a cost-matching basis, to the
maximum extent practicable, from sources other than the United
States Government.
(d) NOTIFICATION.—
(1) IN GENERAL.—No funds made available pursuant to
subsection (b) to the Department for a United States pavilion
or other major exhibit at an international fair or exposition
abroad may be obligated until at least 15 days after the appropriate committees of Congress have been notified of such
intended obligation.
(2) MATTERS TO BE INCLUDED.—Each notification under
paragraph (1) shall include—
(A) a description of the source of such funds, including
any funds reprogrammed or transferred by the Department
to be made available for such pavilion or other major
exhibit abroad;
(B) an estimate of the amount of investment such
pavilion or other major exhibit abroad could bring to the
United States; and

H. R. 7776—1516
(C) a description of the strategy of the Department
to identify and obtain such matching funds from sources
other than the United States Government, in accordance
with subsection (c).
(e) FINAL REPORT.—Not later than 180 days after the date
on which a United States pavilion or other major exhibit abroad
is opened at an international fair or exposition in accordance with
this section, the Secretary shall submit a report to the appropriate
committees of Congress that includes—
(1) the number of United States businesses that participated in such pavilion or other major exhibit; and
(2) the dollar amount and source of any matching funds
obtained by the Department.
SEC. 9602. UNDER SECRETARY FOR PUBLIC DIPLOMACY AND PUBLIC
AFFAIRS.

(a) FINANCIAL AND HUMAN RESOURCES COORDINATION.—Section
1(b)(3) of the State Department Basic Authorities Act of 1956 (22
U.S.C. 2651a) is amended—
(1) in subparagraph (D), by striking ‘‘and’’ at the end;
(2) in subparagraph (E), by striking the period at the
end and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(F) coordinate the allocation and management of the
financial and human resources for public diplomacy,
including for—
‘‘(i) the Bureau of Educational and Cultural
Affairs;
‘‘(ii) the Bureau of Global Public Affairs;
‘‘(iii) the Office of Policy, Planning, and Resources
for Public Diplomacy and Public Affairs;
‘‘(iv) the Global Engagement Center; and
‘‘(v) the public diplomacy functions within the
regional and functional bureaus.’’.
(b) SENSE OF CONGRESS ON THE IMPORTANCE OF FILLING THE
POSITION OF UNDER SECRETARY FOR PUBLIC DIPLOMACY AND PUBLIC
AFFAIRS.—It is the sense of Congress that since a vacancy in the
position of Under Secretary of State for Public Diplomacy and
Public Affairs is detrimental to the national security interests of
the United States, the President should expeditiously nominate
a qualified individual to such position whenever such vacancy occurs
to ensure that the bureaus reporting to such position are able
to fulfill their mission of—
(1) expanding and strengthening relationships between the
people of the United States and citizens of other countries;
and
(2) engaging, informing, and understanding the perspectives of foreign audiences.
SEC. 9603. REPORT ON PUBLIC DIPLOMACY.

Not later than 120 days after the date of the enactment of
this Act, the Secretary shall submit to the appropriate congressional
committees a report that includes—
(1) an evaluation of the May 2019 merger of the Bureau
of Public Affairs and the Bureau of International Information
Programs to form the Bureau of Global Public Affairs with
respect to—

H. R. 7776—1517
(A) the efficacy of the current configuration of the
bureaus reporting to the Under Secretary of State for Public
Diplomacy and Public Affairs in achieving the mission of
the Department;
(B) the metrics before and after such merger, including
personnel data, disaggregated by position and location, content production, opinion polling, program evaluations, and
media appearances;
(C) the results of a survey of public diplomacy practitioners to determine their opinion of the efficacy of such
merger and any adjustments that still need to be made;
and
(D) a plan for evaluating and monitoring, not less
frequently than once every 2 years, the programs, activities,
messaging, professional development efforts, and structure
of the Bureau of Global Public Affairs, and submitting
a summary of each such evaluation to the appropriate
congressional committees; and
(2) a review of recent outside recommendations for modernizing diplomacy at the Department with respect to public diplomacy efforts, including—
(A) efforts in each of the bureaus reporting to the
Under Secretary of State for Public Diplomacy and Public
Affairs to address issues of diversity and inclusion in their
work, structure, data collection, programming, and personnel, including any collaboration with the Chief Diversity
and Inclusion Officer;
(B) proposals to collaborate with think tanks and academic institutions working on public diplomacy issues to
implement recent outside recommendations; and
(C) additional authorizations and appropriations necessary to implement such recommendations.
SEC.

9604.

PROMOTING PEACE, EDUCATION, AND
EXCHANGE THROUGH MUSIC DIPLOMACY.

CULTURAL

(a) SENSE OF CONGRESS.—It is the sense of Congress that—
(1) music is an important conveyer of culture and can
be used to communicate values and build understanding
between communities;
(2) musical artists play a valuable role in cross-cultural
exchange, and their works and performances can promote
peacebuilding and conflict resolution efforts;
(3) the music industry in the United States has made
important contributions to American society and culture, and
musicians and industry professionals in the United States can
offer valuable expertise to young musical artists around the
world; and
(4) the United States Government should promote exchange
programs, especially programs that leverage the expertise and
resources of the private sector, that give young musical artists
from around the world the chance—
(A) to improve their skills;
(B) share ideas;
(C) learn about American culture; and
(D) develop the necessary skills to support conflict
resolution and peacebuilding efforts in their communities
and broader societies.

H. R. 7776—1518
(b) AUTHORIZATION OF MUSIC-RELATED EXCHANGE PROGRAMS.—
The Mutual Educational and Cultural Exchange Act of 1961 (22
U.S.C. 2451 et seq.; commonly known as the Fulbright-Hays Act)
is amended—
(1) in section 102(a)(2) (22 U.S.C. 2452(a)(2))—
(A) in clause (iii), by inserting ‘‘and’’ at the end; and
(B) in clause (iv)—
(i) by inserting ‘‘, including in coordination and
consultation with the private sector,’’ before ‘‘similar’’;
and
(ii) by striking the period at the end and inserting
‘‘; and’’; and
(2) in section 112(a) (22 U.S.C. 2460(a))—
(A) in paragraph (8), by striking ‘‘and’’ at the end;
(B) in paragraph (9), by striking the period at the
end and inserting ‘‘; and’’; and
(C) by adding at the end the following:
‘‘(10) exchange programs, including in coordination and
consultation with the private sector, focused on music and
the performing arts that provide opportunities for foreign
nationals and Americans to build cross-cultural understanding
and advance peace abroad.’’.
(c) PRIVATE SECTOR PARTNERSHIPS.—
(1) IN GENERAL.—The Secretary should continue—
(A) to partner with the private sector in support of
music-related exchange programs implemented by the
Bureau of Educational and Cultural Affairs (referred to
in this section as the ‘‘ECA’’);
(B) to leverage private sector expertise in developing
and implementing such programs; and
(C) to expand networking and mentorship opportunities
for program participants.
(2) AUTHORIZATION OF CERTAIN PARTNERSHIPS.—The Secretary is authorized to partner with the private sector to recognize musicians—
(A) whose works or performances have advanced peace
abroad; and
(B) who could contribute to networking and mentorship
opportunities for participants of music-related exchange
programs implemented by ECA.
(d) STRATEGY.—
(1) IN GENERAL.—Not later than 1 year 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
advancing United States foreign policy goals, including conflict
resolution and peacebuilding efforts, through music-related
exchange programs implemented by ECA. Such strategy shall
include—
(A) a description of clearly defined annual goals, targets, and planned outcomes for each music-related
exchange program;
(B) a plan to monitor and evaluate each music-related
exchange program and progress made toward achieving
such goals, targets, and planned outcomes, including measurable benchmarks;

H. R. 7776—1519
(C) a plan to ensure that music-related exchange programs are promoting United States foreign policy objectives, including ensuring such programs are clearly branded
and paired with robust public diplomacy efforts;
(D) a plan to pursue partnerships with the private
sector while implementing music-related exchange programs, including leveraging industry expertise and
expanding networking and mentorship opportunities for
program participants;
(E) examples of how ECA’s music-related exchange
programs have contributed to conflict resolution and
peacebuilding efforts to date, including through participant
and alumni actions;
(F) a description of lessons learned regarding how to
better encourage conflict resolution and peacebuilding
efforts through ECA’s music-related exchange programs;
and
(G) a plan to incorporate such lessons learned into
relevant current and future programming.
(2) CONSULTATION.—In developing the strategy required
under paragraph (1), the Secretary shall consult with the appropriate congressional committees and relevant private sector
partners.

TITLE XCVII—OTHER MATTERS
SEC. 9701. SUPPORTING THE EMPLOYMENT OF UNITED STATES CITIZENS BY INTERNATIONAL ORGANIZATIONS.

(a) SENSE OF CONGRESS.—It is the sense of Congress that—
(1) the Department should continue to eliminate the
unreasonable barriers United States nationals face to obtain
employment in the United Nations Secretariat, funds, programs, and agencies; and
(2) the Department should bolster efforts to increase the
number of qualified United States nationals who are candidates
for leadership and oversight positions in the United Nations
system, agencies, and commissions, and in other international
organizations.
(b) IN GENERAL.—The Secretary is authorized to promote the
employment and advancement of United States citizens by international organizations and bodies, including by—
(1) providing stipends, consultation, and analytical services
to support United States citizen applicants; and
(2) making grants for the purposes described in paragraph
(1).
(c) USING DIPLOMATIC PROGRAMS FUNDING TO PROMOTE THE
EMPLOYMENT OF UNITED STATES CITIZENS BY INTERNATIONAL
ORGANIZATIONS.—Amounts appropriated under the heading ‘‘DIPLOMATIC PROGRAMS’’ in Acts making appropriations for the Department of State, Foreign Operations, and Related Programs are
authorized to be appropriated for grants, programs, and activities
described in subsection (b).
(d) STRATEGY TO ESTABLISH JUNIOR PROFESSIONAL PROGRAM.—
(1) IN GENERAL.—Not later than 120 days after the date
of the enactment of this Act, the Secretary, in coordination
with the Secretary of the Treasury and other relevant cabinet

H. R. 7776—1520
members, shall publish a strategy for encouraging United
States citizens to pursue careers with international organizations, particularly organizations that—
(A) set international scientific, technical, or commercial
standards; or
(B) are involved in international finance and development.
(2) REPORT TO CONGRESS.—Not later than 90 days after
the date of the enactment of this Act, the Secretary, in coordination with the Secretary of the Treasury and other relevant
cabinet members, shall submit a report to the appropriate
congressional committees that identifies—
(A) the number of United States citizens who are
involved in relevant junior professional programs in an
international organization;
(B) the distribution of individuals described in subparagraph (A) among various international organizations; and
(C) the types of pre-deployment training that are available to United States citizens through a junior professional
program at an international organization.
SEC.

9702.

INCREASING HOUSING AVAILABILITY FOR CERTAIN
EMPLOYEES ASSIGNED TO THE UNITED STATES MISSION
TO THE UNITED NATIONS.

Section 9(2) of the United Nations Participation Act of 1945
(22 U.S.C. 287e–1(2)), is amended by striking ‘‘30’’ and inserting
‘‘41’’.
SEC. 9703. LIMITATION ON UNITED STATES CONTRIBUTIONS TO
PEACEKEEPING OPERATIONS NOT AUTHORIZED BY THE
UNITED NATIONS SECURITY COUNCIL.

The United Nations Participation Act of 1945 (22 U.S.C. 287
et seq.) is amended by adding at the end the following:
‘‘SEC. 12. LIMITATION ON UNITED STATES CONTRIBUTIONS TO PEACEKEEPING OPERATIONS NOT AUTHORIZED BY THE UNITED
NATIONS SECURITY COUNCIL.

‘‘None of the funds authorized to be appropriated or otherwise
made available to pay assessed and other expenses of international
peacekeeping activities under this Act may be made available for
an international peacekeeping operation that has not been expressly
authorized by the United Nations Security Council.’’.
SEC. 9704. BOARDS OF RADIO FREE EUROPE/RADIO LIBERTY, RADIO
FREE ASIA, THE MIDDLE EAST BROADCASTING NETWORKS, AND THE OPEN TECHNOLOGY FUND.

The United States International Broadcasting Act of 1994 (22
U.S.C. 6201 et seq.) is amended by inserting after section 306
(22 U.S.C. 6205) the following:
‘‘SEC. 307. GRANTEE CORPORATE BOARDS OF DIRECTORS.

‘‘(a) IN GENERAL.—The corporate board of directors of each
grantee under this title—
‘‘(1) shall be bipartisan;
‘‘(2) shall, except as otherwise provided in this Act, have
the sole responsibility to operate their respective grantees
within the jurisdiction of their respective States of incorporation;

H. R. 7776—1521
‘‘(3) shall be composed of not fewer than 5 members, who
shall be qualified individuals who are not employed in the
public sector; and
‘‘(4) shall appoint successors in the event of vacancies on
their respective boards, in accordance with applicable bylaws.
‘‘(b) NOT FEDERAL EMPLOYEES.—No employee of any grantee
under this title may be a Federal employee.’’.
SEC. 9705. BROADCASTING ENTITIES NO LONGER REQUIRED TO
CONSOLIDATE INTO A SINGLE PRIVATE, NONPROFIT CORPORATION.

Section 310 of the United States International Broadcasting
Act of 1994 (22 U.S.C. 6209) is amended. to read as follows:
‘‘SEC. 310. INCORPORATION AND NON-FEDERAL STATUS OF BROADCASTING ENTITIES.

‘‘(a) DEFINED TERM.—In this chapter—
‘‘(1) the term ‘grant’ includes agreements under section
6305 of title 31, United States Code; and
‘‘(2) the term ‘grantee’ includes recipients of an agreement
described in paragraph (1).
‘‘(b) INCORPORATION.—The Chief Executive Officer is authorized
to incorporate grantees in accordance with the regular notification
procedures of—
‘‘(1) the Committee on Appropriations of the Senate;
‘‘(2) the Committee on Foreign Relations of the Senate;
‘‘(3) the Committee on Appropriations of the House of Representatives; and
‘‘(4) the Committee on Foreign Affairs of the House of
Representatives.
‘‘(c) FEDERAL STATUS.—Nothing in this chapter or in any other
Act, and no action taken pursuant to this chapter or any other
Act, may be construed to make a grantee incorporated pursuant
to subsection (b), or any other grantee or entity provided funding
by the Agency, a Federal agency or instrumentality.
‘‘(d) LEADERSHIP OF GRANTEE ORGANIZATIONS.—The chief executive officer or the equivalent official of RFE/RL Inc., Radio Free
Asia, the Open Technology Fund, and the Middle East Broadcasting
Networks, and any other organization that is established or authorized under this chapter, shall serve at the pleasure of, and may
be named by, the Chief Executive Officer of the Agency, with
the concurrence of the Grantee Board and subject to the approval
of the Advisory Board pursuant to section 306.’’.
SEC. 9706. INTERNATIONAL BROADCASTING ACTIVITIES.

Section 305(a) of the United States International Broadcasting
Act of 1994 (22 U.S.C. 6204(a)) is amended—
(1) in paragraph (1), by striking ‘‘direct and’’;
(2) by striking paragraph (20);
(3) by redesignating paragraphs (21), (22), and (23) as
paragraphs (20), (21), and (22), respectively; and
(4) in paragraph (22), as redesignated, by striking ‘‘and
to condition grants’’ and all that follows and inserting a period.
SEC. 9707. GLOBAL INTERNET FREEDOM.

(a) STATEMENT OF POLICY.—It is the policy of the United States
to promote internet freedom through programs of the Department
and USAID that preserve and expand the internet as an open,

H. R. 7776—1522
global space for freedom of expression and association, which shall
be prioritized for countries—
(1) whose governments restrict freedom of expression on
the internet; and
(2) that are important to the national interest of the United
States.
(b) PURPOSE AND COORDINATION WITH OTHER PROGRAMS.—
Global internet freedom programming under this section—
(1) shall be coordinated with other United States foreign
assistance programs that promote democracy and support the
efforts of civil society—
(A) to counter the development of repressive internetrelated laws and regulations, including countering threats
to internet freedom at international organizations;
(B) to combat violence against bloggers and other civil
society activists who utilize the internet; and
(C) to enhance digital security training and capacity
building for democracy activists;
(2) shall seek to assist efforts—
(A) to research key threats to internet freedom;
(B) to continue the development of technologies that
provide or enhance access to the internet, including circumvention tools that bypass internet blocking, filtering,
and other censorship techniques used by authoritarian
governments; and
(C) to maintain the technological advantage of the
Federal Government over the censorship techniques
described in subparagraph (B); and
(3) shall be incorporated into country assistance and democracy promotion strategies, as appropriate.
(c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated for fiscal year 2023—
(1) $75,000,000 to the Department and USAID, to continue
efforts to promote internet freedom globally, and shall be
matched, to the maximum extent practicable, by sources other
than the Federal Government, including the private sector;
and
(2) $49,000,000 to the United States Agency for Global
Media (referred to in this section as the ‘‘USAGM’’) and its
grantees, for internet freedom and circumvention technologies
that are designed—
(A) for open-source tools and techniques to securely
develop and distribute digital content produced by the
USAGM and its grantees;
(B) to facilitate audience access to such digital content
on websites that are censored;
(C) to coordinate the distribution of such digital content
to targeted regional audiences; and
(D) to promote and distribute such tools and techniques, including digital security techniques.
(d) UNITED STATES AGENCY FOR GLOBAL MEDIA ACTIVITIES.—
(1) ANNUAL CERTIFICATION.—For any new tools or techniques authorized under subsection (c)(2), the Chief Executive
Officer of the USAGM, in consultation with the President of
the Open Technology Fund (referred to in this subsection as
the ‘‘OTF’’) and relevant Federal departments and agencies,

H. R. 7776—1523
shall submit an annual certification to the appropriate congressional committees that verifies they—
(A) have evaluated the risks and benefits of such new
tools or techniques; and
(B) have established safeguards to minimize the use
of such new tools or techniques for illicit purposes.
(2) INFORMATION SHARING.—The Secretary may not direct
programs or policy of the USAGM or the OTF, but may share
any research and development with relevant Federal departments and agencies for the exclusive purposes of—
(A) sharing information, technologies, and best practices; and
(B) assessing the effectiveness of such technologies.
(3) UNITED STATES AGENCY FOR GLOBAL MEDIA.—The Chief
Executive Officer of the USAGM, in consultation with the President of the OTF, shall—
(A) coordinate international broadcasting programs and
incorporate such programs into country broadcasting
strategies, as appropriate;
(B) solicit project proposals through an open, transparent, and competitive application process, including by
seeking input from technical and subject matter experts;
and
(C) support internet circumvention tools and techniques for audiences in countries that are strategic priorities for the OTF, in accordance with USAGM’s annual
language service prioritization review.
(e) USAGM REPORT.—Not later than 120 days after the date
of the enactment of this Act, the Chief Executive Office of the
USAGM shall submit a report to the appropriate congressional
committees that describes—
(1) as of the date of the report—
(A) the full scope of internet freedom programs within
the USAGM, including—
(i) the efforts of the Office of Internet Freedom;
and
(ii) the efforts of the Open Technology Fund;
(B) the capacity of internet censorship circumvention
tools supported by the Office of Internet Freedom and
grantees of the Open Technology Fund that are available
for use by individuals in foreign countries seeking to
counteract censors; and
(C) any barriers to the provision of the efforts described
in clauses (i) and (ii) of subparagraph (A), including access
to surge funding; and
(2) successful examples from the Office of Internet Freedom
and Open Technology Fund involving—
(A) responding rapidly to internet shutdowns in closed
societies; and
(B) ensuring uninterrupted circumvention services for
USAGM entities to promote internet freedom within repressive regimes.
(f) JOINT REPORT.—Not later than 60 days after the date of
the enactment of this Act, the Secretary and the Administrator
of USAID shall jointly submit a report, which may include a classified annex, to the appropriate congressional committees that
describes—

H. R. 7776—1524
(1) as of the date of the report—
(A) the full scope of internet freedom programs within
the Department and USAID, including—
(i) Department circumvention efforts; and
(ii) USAID efforts to support internet infrastructure;
(B) the capacity of internet censorship circumvention
tools supported by the Federal Government that are available for use by individuals in foreign countries seeking
to counteract censors; and
(C) any barriers to provision of the efforts enumerated
in clauses (i) and (ii) of subsection (e)(1)(A), including access
to surge funding; and
(2) any new resources needed to provide the Federal
Government with greater capacity to provide and boost internet
access—
(A) to respond rapidly to internet shutdowns in closed
societies; and
(B) to provide internet connectivity to foreign locations
where the provision of additional internet access service
would promote freedom from repressive regimes.
(g) SECURITY AUDITS.—Before providing any support for open
source technologies under this section, such technologies must
undergo comprehensive security audits to ensure that such technologies are secure and have not been compromised in a manner
that is detrimental to the interest of the United States or to the
interests of individuals and organizations benefitting from programs
supported by such funding.
(h) SURGE.—
(1) AUTHORIZATION OF APPROPRIATIONS.—Subject to paragraph (2), there is authorized to be appropriated, in addition
to amounts otherwise made available for such purposes, up
to $2,500,000 to support internet freedom programs in closed
societies, including programs that—
(A) are carried out in crisis situations by vetted entities
that are already engaged in internet freedom programs;
(B) involve circumvention tools; or
(C) increase the overseas bandwidth for companies that
received Federal funding during the previous fiscal year.
(2) CERTIFICATION.—Amounts authorized to be appropriated pursuant to paragraph (1) may not be expended until
the Secretary has certified to the appropriate congressional
committees, the Committee on Appropriations of the Senate,
and the Committee on Appropriations of the House of Representatives that the use of such funds is in the national
interest of the United States.
(i) DEFINED TERM.—In this section, the term ‘‘internet censorship circumvention tool’’ means a software application or other
tool that an individual can use to evade foreign government restrictions on internet access.
SEC. 9708. ARMS EXPORT CONTROL ACT ALIGNMENT WITH THE
EXPORT CONTROL REFORM ACT.

Section 38(e) of the Arms Export Control Act (22 U.S.C. 2778(e))
is amended—
(1) by striking ‘‘subsections (c), (d), (e), and (g) of section
11 of the Export Administration Act of 1979, and by subsections

H. R. 7776—1525
(a) and (c) of section 12 of such Act’’ and inserting ‘‘subsections
(c) and (d) of section 1760 of the Export Control Reform Act
of 2018 (50 U.S.C. 4819), and by subsections (a)(1), (a)(2),
(a)(3), (a)(4), (a)(7), (c), and (h) of section 1761 of such Act
(50 U.S.C. 4820)’’;
(2) by striking ‘‘11(c)(2)(B) of such Act’’ and inserting
‘‘1760(c)(2) of such Act (50 U.S.C. 4819(c)(2))’’;
(3) by striking ‘‘11(c) of the Export Administration Act
of 1979’’ and inserting ‘‘section 1760(c) of the Export Control
Reform Act of 2018 (50 U.S.C. 4819(c))’’; and
(4) by striking ‘‘$500,000’’ and inserting ‘‘the greater of
$1,200,000 or the amount that is twice the value of the transaction that is the basis of the violation with respect to which
the penalty is imposed.’’.
SEC. 9709. INCREASING THE MAXIMUM ANNUAL LEASE PAYMENT
AVAILABLE WITHOUT APPROVAL BY THE SECRETARY.

Section 10(a) of the Foreign Service Buildings Act, 1926 (22
U.S.C. 301(a)), is amended by striking ‘‘$50,000’’ and inserting
‘‘$100,000’’.
SEC. 9710. REPORT ON UNITED STATES ACCESS TO CRITICAL MINERAL
RESOURCES ABROAD.

Not later than 120 days after the date of the enactment of
this Act, the Secretary shall submit a report to the appropriate
congressional committees that details, with regard to the Department—
(1) diplomatic efforts to ensure United States access to
critical minerals acquired from outside of the United States
that are used to manufacture clean energy technologies; and
(2) collaboration with other parts of the Federal Government to build a robust supply chain for critical minerals necessary to manufacture clean energy technologies.
SEC. 9711. OVERSEAS UNITED STATES STRATEGIC INFRASTRUCTURE
DEVELOPMENT PROJECTS.

(a) ASSESSMENT OF IMPACT TO UNITED STATES NATIONAL SECURITY OF INFRASTRUCTURE PROJECTS BY THE PEOPLE’S REPUBLIC
OF CHINA IN THE DEVELOPING WORLD.—Not later than 18 months
after the date of the enactment of this Act, the Comptroller General
of the United States shall submit a report to the appropriate
congressional committees, the Select Committee on Intelligence of
the Senate, and the Permanent Select Committee on Intelligence
of the House of Representatives regarding the One Belt, One Road
Initiative, which is the global infrastructure development strategy
initiated by the Government of the People’s Republic of China
in 2013.
(b) REPORT ELEMENTS.—The report required under subsection
(a) shall—
(1) describe the nature and cost of One Belt, One Road
Initiative investments, operation, and construction of strategic
infrastructure projects, including logistics, refining, and processing industries and resource facilities, and critical and strategic mineral resource extraction projects, including an assessment of—
(A) the strategic benefits of such investments that are
derived by the People’s Republic of China and the host
nation; and

H. R. 7776—1526
(B) the negative impacts of such investments to the
host nation and to United States interests;
(2) describe the nature and total funding of United States’
strategic infrastructure investments and construction, such as
projects financed through initiatives such as Prosper Africa
and the Millennium Challenge Corporation;
(3) assess the national security threats posed by the foreign
infrastructure investment gap between the People’s Republic
of China and the United States, including strategic infrastructure, such as ports, market access to, and the security of,
critical and strategic minerals, digital and telecommunications
infrastructure, threats to the supply chains, and general
favorability towards the People’s Republic of China and the
United States among the populations of host countries;
(4) assess the opportunities and challenges for companies
based in the United States and companies based in United
States partner and allied countries to invest in foreign strategic
infrastructure projects in countries where the People’s Republic
of China has focused these types of investments;
(5) identify challenges and opportunities for the United
States Government and United States partners and allies to
more directly finance and otherwise support foreign strategic
infrastructure projects, including an assessment of the authorities and capabilities of United States agencies, departments,
public-private partnerships, and international or multilateral
organizations to support such projects without undermining
United States domestic industries, such as domestic mineral
deposits; and
(6) include recommendations for United States Government
agencies to undertake or increase support for United States
businesses to support foreign, large-scale, strategic infrastructure projects, such as roads, power grids, and ports.
SEC. 9712. PROVISION OF PARKING SERVICES AND RETENTION OF
PARKING FEES.

The Secretary of State may—
(1) provide parking services, including electric vehicle
charging and other parking services, in facilities operated by
or for the Department; and
(2) charge fees for such services that may be deposited
into the appropriate account of the Department, to remain
available until expended for the purposes of such account, provided that the fees shall not exceed the cost of the providing
such services.
SEC. 9713. DIPLOMATIC RECEPTION AREAS.

(a) DEFINED TERM.—In this section, the term ‘‘reception areas’’
has the meaning given such term in section 41(c) of the State
Department Basic Authorities Act of 1956 (22 U.S.C. 2713(c)).
(b) IN GENERAL.—The Secretary may sell goods and services
at fair market value and use the proceeds of such sales for administration and related support of the reception areas.
(c) AMOUNTS COLLECTED.—Amounts collected pursuant to the
authority provided under subsection (b) may be deposited into an
account in the Treasury, to remain available until expended.

H. R. 7776—1527
SEC. 9714. RETURN OF SUPPORTING DOCUMENTS FOR PASSPORT
APPLICATIONS THROUGH UNITED STATES POSTAL
SERVICE CERTIFIED MAIL.

(a) IN GENERAL.—Not later than 180 days after the date of
the enactment of this Act, the Secretary shall establish a procedure
that provides, to any individual applying for a new United States
passport or to renew the United States passport of the individual
by mail, the option to have supporting documents for the application
returned to the individual by the United States Postal Service
through certified mail.
(b) COST.—
(1) RESPONSIBILITY.—The cost of returning supporting documents to an individual as described in subsection (a) shall
be the responsibility of the individual.
(2) FEE.—The fee charged to the individual by the Secretary
for returning supporting documents as described in subsection
(a) shall be the sum of—
(A) the retail price charged by the United States Postal
Service for the service; and
(B) the estimated cost of processing the return of the
supporting documents.
(3) REPORT.—Not later than 30 days after the establishment of the procedure required under subsection (a), the Secretary shall submit a report to the appropriate congressional
committees that—
(A) details the costs included in the processing fee
described in paragraph (2); and
(B) includes an estimate of the average cost per
request.
SEC.

9715.

REPORT ON DISTRIBUTION OF PERSONNEL AND
RESOURCES RELATED TO ORDERED DEPARTURES AND
POST CLOSURES.

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 describes—
(1) how Department personnel and resources dedicated to
Mission Afghanistan were reallocated following the closure of
diplomatic posts in Afghanistan in August 2021; and
(2) the extent to which Department personnel and resources
for Mission Iraq were reallocated following ordered departures
for diplomatic posts in March 2020, and how such resources
were reallocated.
SEC. 9716. ELIMINATION OF OBSOLETE REPORTS.

(a) CERTIFICATION OF EFFECTIVENESS OF THE AUSTRALIA
GROUP.—Section 2(7) of Senate Resolution 75 (105th Congress)
is amended by striking subparagraph (C).
(b) PLANS TO IMPLEMENT THE GANDHI-KING SCHOLARLY
EXCHANGE INITIATIVE.—The Gandhi-King Scholarly Exchange Initiative Act (subtitle D of title III of division FF of Public Law
116–260) is amended by striking section 336.
(c) PROGRESS REPORT ON JERUSALEM EMBASSY.—The Jerusalem
Embassy Act of 1995 (Public Law 104–45) is amended by striking
section 6.
(d) PRESIDENTIAL ANTI-PEDOPHILIA CERTIFICATION.—Section
102 of the Foreign Relations Authorization Act, Fiscal Years 1994

H. R. 7776—1528
and 1995 (Public Law 103–236) is amended by striking subsection
(g).
(e) MICROENTERPRISE FOR SELF-RELIANCE REPORT.—Title III
of the Microenterprise for Self-Reliance and International AntiCorruption Act of 2000 (Public Law 106–309; 22 U.S.C. 2462 note)
is amended by striking section 304.
SEC. 9717. LOCALITY PAY FOR FEDERAL EMPLOYEES WORKING OVERSEAS UNDER DOMESTIC EMPLOYEE TELEWORKING OVERSEAS AGREEMENTS.

(a) DEFINITIONS.—In this section:
(1) CIVIL SERVICE.—The term ‘‘civil service’’ has the
meaning given the term in section 2101 of title 5, United
States Code.
(2) COVERED EMPLOYEE.—The term ‘‘covered employee’’
means an employee who—
(A) occupies a position in the civil service; and
(B) is working overseas under a Domestic Employee
Teleworking Overseas agreement.
(3) LOCALITY PAY.—The term ‘‘locality pay’’ means a
locality-based comparability payment paid in accordance with
subsection (b).
(4) NONFOREIGN AREA.—The term ‘‘nonforeign area’’ has
the meaning given the term in section 591.205 of title 5, Code
of Federal Regulations, or any successor regulation.
(5) OVERSEAS.—The term ‘‘overseas’’ means any geographic
location that is not in—
(A) the continental United States; or
(B) a nonforeign area.
(b) PAYMENT OF LOCALITY PAY.—Each covered employee shall
be paid locality pay in an amount that is equal to the lesser
of—
(1) the amount of a locality-based comparability payment
that the covered employee would have been paid under section
5304 or 5304a of title 5, United States Code, had the official
duty station of the covered employee not been changed to
reflect an overseas location under the applicable Domestic
Employee Teleworking Overseas agreement; or
(2) the amount of a locality-based comparability payment
that the covered employee would be paid under section 1113
of the Supplemental Appropriations Act, 2009 (Public Law 111–
32), as limited under section 9802(c)(2) of this Act, if the covered
employee were an eligible member of the Foreign Service (as
defined in subsection (b) of such section 1113).
(c) APPLICATION.—Locality pay paid to a covered employee
under this section—
(1) shall begin to be paid not later than 60 days after
the date of the enactment of this Act; and
(2) shall be treated in the same manner, and subject to
the same terms and conditions, as a locality-based comparability payment paid under section 5304 or 5304a of title
5, United States Code.
SEC. 9718. REPORT ON COUNTERING THE ACTIVITIES OF MALIGN
ACTORS.

(a) REPORT.—
(1) IN GENERAL.—Not later than 1 year after the date
of the enactment of this Act, the Secretary, in consultation

H. R. 7776—1529
with the Secretary of the Treasury and the Administrator,
shall submit a report to the Committee on Foreign Relations
of the Senate, the Committee on Armed Services of the Senate,
the Select Committee on Intelligence of the Senate, the Committee on Foreign Affairs of the House of Representatives,
the Committee on Armed Services of the House of Representatives, and the Permanent Select Committee on Intelligence
of the House of Representatives regarding United States diplomatic efforts in Africa in achieving United States policy goals
and countering the activities of malign actors.
(2) ELEMENTS.—The report required under paragraph (1)
shall include—
(A) case studies from Mali, Sudan, the Central African
Republic, the Democratic Republic of the Congo, Burkina
Faso, and South Sudan, with the goal of assessing the
effectiveness of diplomatic tools during the 5-year period
ending on the date of the enactment of this Act; and
(B) an assessment of—
(i) the extent and effectiveness of certain diplomatic tools to advance United States priorities in the
respective case study countries, including—
(I) in-country diplomatic presence;
(II) humanitarian and development assistance;
(III) support for increased 2-way trade and
investment;
(IV) United States security assistance;
(V) public diplomacy; and
(VI) accountability measures, including sanctions;
(ii) whether the use of the diplomatic tools
described in clause (i) achieved the diplomatic ends
for which they were intended; and
(iii) the means by which the Russian Federation
and the People’s Republic of China exploited any
openings for diplomatic engagement in the case study
countries.
(b) FORM.—The report required under subsection (b) shall be
submitted in classified form.
(c) CLASSIFIED BRIEFING REQUIRED.—Not later than 1 year
after the date of the enactment of this Act, the Secretary and
the Administrator shall jointly brief Congress regarding the report
required under subsection (b).

TITLE XCVIII—EXTENSION OF
AUTHORITIES
SEC. 9801. DIPLOMATIC FACILITIES.

For the purposes of calculating the costs of providing new
United States diplomatic facilities in any fiscal year, in accordance
with section 604(e) of the Secure Embassy Construction and
Counterterrorism Act of 1999 (22 U.S.C. 4865 note), the Secretary
of State, in consultation with the Director of the Office of Management and Budget, shall determine the annual program level and
agency shares for such fiscal year in a manner that is proportional
to the contribution of the Department of State for this purpose.

H. R. 7776—1530
SEC. 9802. EXTENSION OF EXISTING AUTHORITIES.

(a) PASSPORT FEES.—Section 1(b)(2) of the Passport Act of June
4, 1920 (22 U.S.C. 214(b)(2)) shall be applied by striking ‘‘September
30, 2010’’ and inserting ‘‘September 30, 2026’’.
(b) USAID CIVIL SERVICE ANNUITANT WAIVER.—Section
625(j)(1)(B) of the Foreign Assistance Act of 1961 (22 U.S.C.
2385(j)(1)(B)) shall be applied by striking ‘‘October 1, 2010’’ and
inserting ‘‘September 30, 2024’’.
(c) OVERSEAS PAY COMPARABILITY AND LIMITATION.—
(1) IN GENERAL.—The authority provided under section
1113 of the Supplemental Appropriations Act, 2009 (Public
Law 111–32) shall remain in effect through September 30,
2024.
(2) LIMITATION.—The authority described in paragraph (1)
may not be used to pay an eligible member of the Foreign
Service (as defined in section 1113(b) of the Supplemental
Appropriations Act, 2009 (Public Law 111–32)) a locality-based
comparability payment (stated as a percentage) that exceeds
two-thirds of the amount of the locality-based comparability
payment (stated as a percentage) that would be payable to
such member under section 5304 of title 5, United States Code,
if such member’s official duty station were in the District of
Columbia.
(d) INSPECTOR GENERAL ANNUITANT WAIVER.—The authorities
provided under section 1015(b) of the Supplemental Appropriations
Act, 2010 (Public Law 111–212)—
(1) shall remain in effect through September 30, 2024;
and
(2) may be used to facilitate the assignment of persons
for oversight of programs in Somalia, South Sudan, Syria,
Venezuela, and Yemen.
(e) SECURITY REVIEW COMMITTEES.—The authority provided
under section 301(a)(3) of the Omnibus Diplomatic Security and
Antiterrorism Act of 1986 (22 U.S.C. 4831(a)(3)) shall remain in
effect for facilities in Afghanistan and shall apply to facilities in
Ukraine through September 30, 2024, except that the notification
and reporting requirements contained in such section shall include
the appropriate congressional committees, the Committee on Appropriations of the Senate, and the Committee on Appropriations of
the House of Representatives.
(f) DEPARTMENT OF STATE INSPECTOR GENERAL WAIVER
AUTHORITY.—The Inspector General of the Department may waive
the provisions of subsections (a) through (d) of section 824 of the
Foreign Service Act of 1980 (22 U.S.C. 4064), on a case-by-case
basis, for an annuitant reemployed by the Inspector General on
a temporary basis, subject to the same constraints and in the
same manner by which the Secretary of State may exercise such
waiver authority pursuant to subsection (g) of such section.
SEC. 9803. COMMISSION ON REFORM AND MODERNIZATION OF THE
DEPARTMENT OF STATE.

(a) SHORT TITLE.—This section may be cited as the ‘‘Commission
on Reform and Modernization of the Department of State Act’’.
(b) ESTABLISHMENT OF COMMISSION.—There is established, in
the legislative branch, the Commission on Reform and Modernization of the Department of State (referred to in this section as
the ‘‘Commission’’).

H. R. 7776—1531
(c) PURPOSES.—The purposes of the Commission are—
(1) to examine the changing nature of diplomacy and the
ways in which the Department can modernize to advance the
interests of the United States; and
(2) to offer recommendations to the President and Congress
related to—
(A) the organizational structure of the Department;
(B) personnel-related matters, including recruitment,
promotion, training, and retention of the Department’s
workforce in order to foster effective diplomacy worldwide,
including measures to strengthen diversity and inclusion
to ensure that the Department’s workforce represents all
of America;
(C) the Department of State’s domestic and overseas
facilities;
(D) the link among diplomacy and defense, development, commercial, health, law enforcement, science, technology, and other core United States interests;
(E) legislation that authorizes United States diplomacy,
including the Foreign Service Act of 1980 (Public Law
96–465); and
(F) related regulations, rules, and processes that define
United States diplomatic efforts, including the Foreign
Affairs Manual.
(d) MEMBERSHIP.—
(1) COMPOSITION.—The Commission shall be composed of
16 members, of whom—
(A) 4 members shall be appointed by the President
in a nonpartisan manner;
(B) 2 members (1 of whom may be a Member of Congress) shall be appointed by the majority leader of the
Senate;
(C) 2 members (1 of whom may be a Member of Congress) shall be appointed by the Speaker of the House
of Representatives;
(D) 2 members (1 of whom may be a Member of Congress) shall be appointed by the minority leader of the
Senate;
(E) 2 members (1 of whom may be a Member of Congress) shall be appointed by the minority leader of the
House of Representatives;
(F) 1 member shall be appointed by the chairperson
of the Committee on Foreign Relations of the Senate;
(G) 1 member shall be appointed by the ranking
member of the Committee on Foreign Relations of the
Senate;
(H) 1 member shall be appointed by the chairperson
of the Committee on Foreign Affairs of the House of Representatives; and
(I) 1 member shall be appointed by the ranking
member of the Committee on Foreign Affairs of the House
of Representatives.
(2) QUALIFICATIONS.—
(A) MEMBERSHIP.—Any member of the Commission
who is not a Member of Congress shall be a private United
States citizen who is nationally recognized and has significant depth of experience in international relations, data-

H. R. 7776—1532
driven management, and the policymaking, programmatic,
and personnel aspects of the Department.
(B) RESTRICTIONS.—
(i) FOREIGN AGENTS REGISTRATION ACT OF 1938.—
No member of the Commission may be a current or
former registrant under the Foreign Agents Registration Act of 1938 (22 U.S.C. 611 et seq.).
(ii) MEMBERS OF CONGRESS.—Not more than 4
members of the Commission may be Members of Congress, who may only be appointed by the Majority
Leader of the Senate, the Minority Leader of the
Senate, the Speaker of the House of Representatives,
and the Minority Leader of the House of Representatives in accordance with paragraph (1). None of the
members of the Commission may be individuals who
are eligible to make such appointments.
(3) APPOINTMENTS.—
(A) DEADLINE.—Members of the Commission shall be
appointed pursuant to paragraph (1) not later than 90
days after the date of the enactment of this Act.
(B) PERIOD OF APPOINTMENT; VACANCIES.—Members of
the Commission shall be appointed for the life of the
Commission. Any vacancy in the Commission shall not
affect the powers of the Commission and shall be filled
in the same manner as the original appointment.
(C) NOTIFICATIONS.—Individuals making appointments
pursuant to paragraph (1) shall notify the Chair and
Ranking Member of the appropriate committees of Congress and the Secretary of State of such appointments.
(D) CO-CHAIRPERSONS.—
(i) DEMOCRATIC LEADERS.—The Democratic leader
in the Senate and the Democratic leader in the House
of Representatives shall jointly select 1 member of
the Commission appointed pursuant to paragraph (1)
to serve as a co-chairperson of the Commission.
(ii) REPUBLICAN LEADERS.—The Republican leader
in the Senate and the Republican leader in the House
of Representatives shall jointly select 1 member of
the Commission appointed pursuant to paragraph (1)
to serve as a co-chairperson of the Commission.
(4) REMOVAL.—A member may be removed from the
Commission for cause by the individual serving in the position
responsible for the original appointment of such member under
paragraph (1) if—
(A) notice was provided to such member describing
the cause for removal; and
(B) such removal was voted and agreed upon by a
majority of the members serving on the Commission.
(5) MEETINGS.—
(A) INITIAL MEETING.—Not later than 30 days after
a majority of the members of the Commission have been
appointed, the Commission shall hold the first meeting
and shall begin operations as soon as practicable.
(B) FREQUENCY.—The Commission shall meet upon the
call of the co-chairpersons, acting jointly.
(C) QUORUM.—A majority of the members of the
Commission, or a majority of the members of a panel,

H. R. 7776—1533
shall constitute a quorum for purposes of conducting business.
(e) FUNCTIONS OF COMMISSION.—
(1) IN GENERAL.—Except as provided in subsection (j), the
Commission shall act by resolution agreed to by a majority
of the members of the Commission voting and present.
(2) PANELS.—The Commission may establish panels composed of less than the full membership of the Commission
for purposes of carrying out the duties of the Commission
under this section. The membership of such panels should
reflect the bipartisan composition of the Commission. The
actions of any such panel shall be subject to the review and
control of the Commission. Any findings and determinations
made by such a panel may not be considered the findings
and determinations of the Commission unless such findings
and determinations are approved by a majority of the Commission, including both co-chairpersons.
(f) POWERS OF COMMISSION.—
(1) HEARINGS AND EVIDENCE.—To carry out the purposes
of the Commission described in subsection (c), the Commission
or any panel of the Commission may, with the joint approval
of the co-chairpersons—
(A) hold such hearings and meetings, take such testimony, receive such evidence, and administer such oaths
as the Commission or such designated panel considers necessary;
(B) request the attendance and testimony of such witnesses and the production of such correspondence, memoranda, papers, and documents, as the Commission or such
designated panel considers necessary; and
(C) secure from the Department, USAID, the United
States International Development Finance Corporation, the
Millennium Challenge Corporation, Peace Corps, the
United States Trade Development Agency, and the United
States Agency for Global Media information and data necessary to enable it to carry out its mission.
(2) CONTRACTS.—The Commission, to such extent and in
such amounts as are provided in appropriations Acts, may
enter into contracts to enable the Commission to discharge
its duties under this section.
(g) SUPPORT FROM OTHER AGENCIES.—
(1) INFORMATION FROM FEDERAL AGENCIES.—To carry out
the purposes of the Commission described in subsection (c),
upon the receipt of a joint written request by the co-chairpersons of the Commission to any of the heads of the Department, USAID, the United States International Development
Finance Corporation, the Millennium Challenge Corporation,
the Peace Corps, the Trade Development Agency, or the United
States Agency for Global Media, the heads of such entities
shall expeditiously furnish the requested information to the
Commission.
(2) ASSISTANCE FROM FEDERAL AGENCIES.—The Department
of State and other Federal departments and agencies may
provide to the Commission, on a nonreimbursable basis, such
administrative services, staff, and other support services as
are necessary for the performance of the Commission’s duties
under this section, at the request of the Commission.

H. R. 7776—1534
(3) LIAISON.—The Secretary may designate at least 1 officer
or employee of the Department to serve as a liaison officer
between the Department and the Commission.
(4) RECOMMENDATIONS FROM INDEPENDENT ORGANIZATIONS.—The Commission may review recommendations by independent organizations and outside experts relating to reform
and modernization of the Department.
(h) CONGRESSIONAL CONSULTATION.—Not later than 180 days
after the initial meeting of the Commission, and not less frequently
than semiannually thereafter, the Commission shall provide a
briefing to Congress regarding the work of the Commission.
(i) STAFF AND COMPENSATION.—
(1) STAFF.—
(A) COMPENSATION.—The co-chairpersons of the
Commission shall appoint and fix the compensation of a
staff director and such other personnel as may be necessary
to enable the Commission to carry out its duties, without
regard to the provisions of title 5, United States Code,
governing appointments in the competitive service, and
without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, except that no rate
of pay fixed under this subsection may exceed the equivalent of that payable to a person occupying a position at
level V of the Executive Schedule under section 5316 of
such title.
(B) DETAIL OF GOVERNMENT EMPLOYEES.—A Federal
Government employee may be detailed to the Commission
without reimbursement, and such detail shall be without
interruption or loss of civil service status or privilege.
(C) PROCUREMENT OF TEMPORARY AND INTERMITTENT
SERVICES.—The co-chairs of the Commission may procure
temporary and intermittent services under section 3109(b)
of title 5, United States Code, at rates for individuals
that do not exceed the daily equivalent of the annual rate
of basic pay prescribed for level V of the Executive Schedule
under section 5315 of such title.
(D) STATUS AS FEDERAL EMPLOYEES.—Notwithstanding
the requirements under section 2105 of title 5, United
States Code, including the required supervision under subsection (a)(3) of such section, the members of the commission shall be deemed to be Federal employees.
(2) COMMISSION MEMBERS.—
(A) COMPENSATION.—Except as provided in subparagraph (C), each member of the Commission shall be compensated at a rate not to exceed the daily equivalent of
the annual rate of basic pay payable for level IV of the
Executive Schedule under section 5315 of title 5, United
States Code, for each day (including travel time) during
which that member is engaged in the actual performance
of the duties of the Commission.
(B) WAIVER OF CERTAIN PROVISIONS.—Subsections (a)
through (d) of section 824 of the Foreign Service Act of
1980 (22 U.S.C. 4064) are waived for an annuitant on
a temporary basis so as to be compensated for work performed as part of the Commission.

H. R. 7776—1535
(C) RESTRICTION FOR MEMBERS OF CONGRESS.—Any
Member of Congress serving as a member of the Commission shall not receive any additional compensation or pay
for their service on the Commission.
(3) TRAVEL EXPENSES.—While away from their homes or
regular places of business in the performance of service for
the Commission, members and staff of the Commission, and
any Federal Government employees detailed to the Commission,
shall be allowed travel expenses, including per diem in lieu
of subsistence, in the same manner as persons employed intermittently in Government service are allowed expenses under
section 5703(b) of title 5, United States Code.
(4) SECURITY CLEARANCES FOR COMMISSION MEMBERS AND
STAFF.—
(A) IN GENERAL.—Members and staff shall have or
be eligible to receive the appropriate security clearance
to conduct their duties.
(B) EXPEDITED PROCESSING.—The Office of Senate
Security shall ensure the expedited processing of appropriate security clearances for members, officers, and
employees of the Commission.
(j) REPORT.—
(1) IN GENERAL.—Not later than 24 months after the first
date on which a majority of the members of the Commission
have been appointed, the Commission shall submit a final
report to the Secretary and Congress that includes—
(A) a detailed statement of the findings and conclusions
of the Commission; and
(B) the recommendations of the Commission for such
legislative and administrative actions as the Commission
considers appropriate in light of the results of the study,
including the anticipated amount of time and resources
required to implement such recommendations.
(2) DEPARTMENT RESPONSE.—The Secretary, in coordination
with the heads of appropriate Federal departments and agencies, shall have the right to review and respond to all Commission recommendations before the Commission submits its final
report to the Secretary and Congress. The Commission shall
provide the Department with its recommendations not later
than 90 days before the date of submission of its final report.
(k) TERMINATION OF COMMISSION.—
(1) IN GENERAL.—The Commission, and all the authorities
under this section, shall terminate on the date that is 60
days after the date on which the final report is submitted
pursuant to subsection (j)(1).
(2) ADMINISTRATIVE ACTIVITIES BEFORE TERMINATION.—The
Commission may use the 60-day period referred to in paragraph
(1) for the purpose of concluding its activities, including providing testimony to the appropriate committees of Congress
concerning its reports and disseminating the report.
(l) AUTHORIZATION OF APPROPRIATIONS.—
(1) IN GENERAL.—There is authorized to be appropriated
up to $2,000,000 for fiscal year 2023 to carry out this section.
(2) TRANSFERS; SUPPORT.—In addition to other transfers
and support otherwise authorized by law, the Secretary may—
(A) transfer any amounts appropriated pursuant to
paragraph (1) to the Commission; and

H. R. 7776—1536
(B) use the amounts referred to in subparagraph (A)
to provide non-reimbursable support to the Commission.
(3) COMMISSION ACCOUNTS.—
(A) ESTABLISHMENT.—The Secretary of the Treasury
may establish 1 or more accounts to facilitate transfers
to the Commission of amounts authorized under paragraph
(2)(A).
(B) USE OF FUNDS.—Amounts transferred to the
Commission pursuant to subparagraph(A) may be used
for the activities of the Commission, including—
(i) the payment of Commission expenses;
(ii) the compensation of Commission members, officers, and employees.
(m) DEFINED TERM.—In this section, the term ‘‘appropriate
committees of Congress’’ means—
(1) the Committee on Foreign Relations of the Senate;
(2) the Committee on Appropriations of the Senate;
(3) the Committee on Foreign Affairs of the House of Representatives; and
(4) the Committee on Appropriations of the House of Representatives.

DIVISION J—OCEANS AND
ATMOSPHERE
SEC. 10000. TABLE OF CONTENTS.

The table of contents for this division is as follows:
Sec. 10000. Table of contents.
TITLE C—CORAL REEF CONSERVATION
Subtitle A—Reauthorization of Coral Reef Conservation Act of 2000
Sec. 10001. Reauthorization of Coral Reef Conservation Act of 2000.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

10011.
10012.
10013.
10014.
10015.
10016.

Subtitle B—United States Coral Reef Task Force
Establishment.
Duties.
Membership.
Responsibilities of Federal agency members.
Working groups.
Definitions.

Subtitle C—Department of the Interior Coral Reef Authorities
Sec. 10021. Coral reef conservation and restoration assistance.
Subtitle D—Susan L. Williams National Coral Reef Management Fellowship
Sec. 10031. Susan L. Williams National Coral Reef Management Fellowship.
TITLE CI—BOLSTERING LONG-TERM UNDERSTANDING AND EXPLORATION
OF THE GREAT LAKES, OCEANS, BAYS, AND ESTUARIES
Sec. 10101. Purpose.
Sec. 10102. Definitions.
Sec. 10103. Workforce study.
Sec. 10104. Accelerating innovation at Cooperative Institutes.
Sec. 10105. Blue Economy valuation.
Sec. 10106. No additional funds authorized.
TITLE CII—REGIONAL OCEAN PARTNERSHIPS
Sec. 10201. Findings; purposes.
Sec. 10202. Regional Ocean Partnerships.
TITLE CIII—NATIONAL OCEAN EXPLORATION
Sec. 10301. Findings.

H. R. 7776—1537
Sec.
Sec.
Sec.
Sec.

Definitions.
Ocean Policy Committee.
National Ocean Mapping, Exploration, and Characterization Council.
Modifications to the ocean exploration program of the National Oceanic
and Atmospheric Administration.
Sec. 10306. Repeal.
Sec. 10307. Modifications to ocean and coastal mapping program of the National
Oceanic and Atmospheric Administration.
Sec. 10308. Modifications to Hydrographic Services Improvement Act of 1998.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

10302.
10303.
10304.
10305.

TITLE CIV—MARINE MAMMAL RESEARCH AND RESPONSE
10401. Data collection and dissemination.
10402. Stranding or entanglement response agreements.
10403. Unusual mortality event activity funding.
10404. Liability.
10405. National Marine Mammal Tissue Bank and tissue analysis.
10406. Marine Mammal Rescue and Response Grant Program and Rapid Response Fund.
10407. Health MAP.
10408. Reports to Congress.
10409. Authorization of appropriations.
10410. Definitions.
10411. Study on marine mammal mortality.

TITLE CV—VOLCANIC ASH AND FUMES
Sec. 10501. Modifications to National Volcano Early Warning and Monitoring System.
TITLE CVI—LEARNING EXCELLENCE AND GOOD EXAMPLES FROM NEW
DEVELOPERS
Sec. 10601. Learning excellence and good examples from new developers.

TITLE C—CORAL REEF CONSERVATION
Subtitle A—Reauthorization of Coral Reef
Conservation Act of 2000
SEC. 10001. REAUTHORIZATION OF CORAL REEF CONSERVATION ACT
OF 2000.

(a) IN GENERAL.—The Coral Reef Conservation Act of 2000
(16 U.S.C. 6401 et seq.) is amended by striking sections 202 through
210 and inserting the following:
‘‘SEC. 202. PURPOSES.

‘‘The purposes of this title are—
‘‘(1) to conserve and restore the condition of United States
coral reef ecosystems challenged by natural and human-accelerated changes, including increasing ocean temperatures,
changing ocean chemistry, coral bleaching, coral diseases, water
quality degradation, invasive species, and illegal, unreported,
and unregulated fishing;
‘‘(2) to promote the science-based management and sustainable use of coral reef ecosystems to benefit local communities
and the Nation, including through improved integration and
cooperation among Federal and non-Federal stakeholders
responsible for managing coral reef resources;
‘‘(3) to develop sound scientific information on the condition
of coral reef ecosystems, continuing and emerging threats to
such ecosystems, and the efficacy of innovative tools, technologies, and strategies to mitigate stressors and restore such
ecosystems, including evaluation criteria to determine the

H. R. 7776—1538
effectiveness of management interventions, and accurate mapping for coral reef restoration;
‘‘(4) to assist in the preservation of coral reefs by supporting
science-based, consensus-driven, and community-based coral
reef management by covered States and covered Native entities,
including monitoring, conservation, and restoration projects
that empower local communities, small businesses, and nongovernmental organizations;
‘‘(5) to provide financial resources, technical assistance,
and scientific expertise to supplement, complement, and
strengthen community-based management programs and conservation and restoration projects of non-Federal reefs;
‘‘(6) to establish a formal mechanism for collecting and
allocating monetary donations from the private sector to be
used for coral reef conservation and restoration projects;
‘‘(7) to support rapid, effective, and science-based assessment and response to exigent circumstances that pose immediate and long-term threats to coral reefs, including—
‘‘(A) coral disease outbreaks;
‘‘(B) invasive or nuisance species;
‘‘(C) coral bleaching;
‘‘(D) natural disasters; and
‘‘(E) industrial or mechanical disasters, including vessel
groundings, hazardous spills, and coastal construction
accidents; and
‘‘(8) to serve as a model for advancing similar international
efforts to monitor, conserve, and restore coral reef ecosystems.
‘‘SEC. 203. FEDERAL CORAL REEF MANAGEMENT AND RESTORATION
ACTIVITIES.

‘‘(a) IN GENERAL.—The Administrator, the Secretary of the
Interior, or the Secretary of Commerce may conduct activities
described in subsection (b) to conserve and restore coral reefs and
coral reef ecosystems that are consistent with—
‘‘(1) all applicable laws governing resource management
in Federal and State waters, including this Act;
‘‘(2) the National Coral Reef Resilience Strategy; and
‘‘(3) coral reef action plans in effect under section 205,
as applicable.
‘‘(b) ACTIVITIES DESCRIBED.—Activities described in this subsection are activities to conserve, research, monitor, assess, and
restore coral reefs and coral reef ecosystems in waters managed
under the jurisdiction of a Federal agency specified in subsection
(c) or in coordination with a State in waters managed under the
jurisdiction of such State, including—
‘‘(1) developing, including through the collection of requisite
in situ and remotely sensed data, high-quality and digitized
maps reflecting—
‘‘(A) current and historical live coral cover data;
‘‘(B) coral reef habitat quality data;
‘‘(C) priority areas for coral reef conservation to maintain biodiversity and ecosystem structure and function,
including the reef matrix, that benefit coastal communities
and living marine resources;
‘‘(D) priority areas for coral reef restoration to enhance
biodiversity and ecosystem structure and function,

H. R. 7776—1539
including the reef matrix, to benefit coastal communities
and living marine resources; and
‘‘(E) areas of concern that may require enhanced monitoring of coral health and cover;
‘‘(2) enhancing compliance with Federal laws that prohibit
or regulate—
‘‘(A) the taking of coral products or species associated
with coral reefs; or
‘‘(B) the use and management of coral reef ecosystems;
‘‘(3) long-term ecological monitoring of coral reef ecosystems;
‘‘(4) implementing species-specific recovery plans for listed
coral species consistent with the Endangered Species Act of
1973 (16 U.S.C. 1531 et seq.);
‘‘(5) restoring degraded coral reef ecosystems;
‘‘(6) reducing land-based stressors to coral reef ecosystems;
‘‘(7) promoting ecologically sound navigation and anchorages, including through navigational aids and expansion of
reef-safe anchorages and mooring buoy systems, to enhance
recreational access while preventing or minimizing the likelihood of vessel impacts or other physical damage to coral reefs;
‘‘(8) monitoring and responding to severe bleaching or mortality events, disease outbreaks, invasive species outbreaks,
and significant maritime accidents, including hazardous spill
cleanup and the removal of grounded vessels;
‘‘(9) conducting scientific research that contributes to the
understanding, sustainable use, and long-term conservation of
coral reefs;
‘‘(10) enhancing public awareness, understanding, and
appreciation of coral reefs and coral reef ecosystems and their
ecological and socioeconomic value; and
‘‘(11) centrally archiving, managing, and distributing on
a public website data sets and coral reef ecosystem assessments,
including the data repositories of the Coral Reef Conservation
Program of the National Oceanic and Atmospheric Administration.
‘‘(c) FEDERAL AGENCIES SPECIFIED.—A Federal agency specified
in this subsection is one of the following:
‘‘(1) The National Oceanic and Atmospheric Administration.
‘‘(2) The National Park Service.
‘‘(3) The United States Fish and Wildlife Service.
‘‘(4) The Office of Insular Affairs.
‘‘SEC. 204. NATIONAL CORAL REEF RESILIENCE STRATEGY.

‘‘(a) IN GENERAL.—The Administrator shall—
‘‘(1) not later than 2 years after the date of the enactment
of the James M. Inhofe National Defense Authorization Act
for Fiscal Year 2023, develop a national coral reef resilience
strategy; and
‘‘(2) review and revise the strategy—
‘‘(A) not less frequently than once every 15 years;
‘‘(B) not less frequently than once every 5 years, in
the case of guidance on best practices under subsection
(b)(4); and
‘‘(C) as appropriate.
‘‘(b) ELEMENTS.—The strategy required by subsection (a) shall
include the following:

H. R. 7776—1540
‘‘(1) A discussion addressing—
‘‘(A) continuing and emerging threats to the resilience
of United States coral reef ecosystems;
‘‘(B) remaining gaps in coral reef ecosystem research,
monitoring, and assessment;
‘‘(C) the status of management cooperation and integration among Federal reef managers and covered reef managers;
‘‘(D) the status of efforts to manage and disseminate
critical information, and enhance interjurisdictional data
sharing, related to research, reports, data sets, and maps;
‘‘(E) areas of special focus, which may include—
‘‘(i) improving natural coral recruitment;
‘‘(ii) preventing avoidable losses of corals and their
habitat;
‘‘(iii) enhancing the resilience of coral populations;
‘‘(iv) supporting a resilience-based management
approach;
‘‘(v) developing, coordinating, and implementing
watershed management plans;
‘‘(vi) building and sustaining watershed management capacity at the local level;
‘‘(vii) providing data essential for coral reef fisheries management;
‘‘(viii) building capacity for coral reef fisheries
management;
‘‘(ix) increasing understanding of coral reef ecosystem services;
‘‘(x) educating the public on the importance of coral
reefs, threats and solutions; and
‘‘(xi) evaluating intervention efficacy;
‘‘(F) the status of conservation efforts, including the
use of marine protected areas to serve as replenishment
zones developed consistent with local practices and traditions and in cooperation with, and with respect for the
scientific, technical, and management expertise and responsibilities of, covered reef managers;
‘‘(G) science-based adaptive management and restoration efforts; and
‘‘(H) management of coral reef emergencies and disasters.
‘‘(2) A statement of national goals and objectives designed
to guide—
‘‘(A) future Federal coral reef management and restoration activities authorized under section 203;
‘‘(B) conservation and restoration priorities for grants
awarded under section 211; and
‘‘(C) research priorities for the reef research coordination institutes designated under section 213(b)(1)(B).
‘‘(3) A designation of priority areas for conservation, and
priority areas for restoration, to support the review and
approval of grants under section 211(e).
‘‘(4) Technical assistance in the form of general templates
for use by covered reef managers and Federal reef managers
to guide the development of coral reef action plans under section
205, including guidance on the best science-based practices

H. R. 7776—1541
to respond to coral reef emergencies that can be included in
coral reef action plans.
‘‘(c) CONSULTATIONS.—In developing all elements of the strategy
required by subsection (a), the Administrator shall—
‘‘(1) consult with the Secretary of the Interior, the Task
Force, covered States, and covered Native entities;
‘‘(2) consult with the Secretary of Defense, as appropriate;
‘‘(3) engage stakeholders, including covered States, coral
reef stewardship partnerships, reef research institutes and
research centers described in section 213, and recipients of
grants under section 211; and
‘‘(4) solicit public review and comment regarding scoping
and the draft strategy.
‘‘(d) SUBMISSION TO CONGRESS; PUBLICATION.—The Administrator shall—
‘‘(1) submit the strategy required by subsection (a) and
any revisions to the strategy to the appropriate congressional
committees; and
‘‘(2) publish the strategy and any such revisions on public
websites of—
‘‘(A) the Coral Reef Conservation Program of the
National Oceanic and Atmospheric Administration; and
‘‘(B) the Task Force.
‘‘SEC. 205. CORAL REEF ACTION PLANS.

‘‘(a) PLANS PREPARED BY FEDERAL REEF MANAGERS.—
‘‘(1) IN GENERAL.—Not later than 3 years after the date
of the enactment of the James M. Inhofe National Defense
Authorization Act for Fiscal Year 2023 and 2 years after the
date of publication of each National Coral Reef Resilience
Strategy, each Federal reef manager shall—
‘‘(A) prepare a coral reef action plan to guide management and restoration activities to be undertaken within
the responsibilities and jurisdiction of the manager; or
‘‘(B) in the case of a reef under the jurisdiction of
a Federal reef manager for which there is an action plan
in effect as of such date of enactment, update that plan
to comply with the requirements of this subsection.
‘‘(2) ELEMENTS.—A plan prepared under paragraph (1) by
a Federal reef manager shall include a discussion of the following:
‘‘(A) Short- and medium-term coral reef conservation
and restoration objectives within the jurisdiction of the
manager.
‘‘(B) A current adaptive management framework to
inform research, monitoring, and assessment needs.
‘‘(C) Tools, strategies, and partnerships necessary to
identify, monitor, and address pollution, water quality, and
other negative impacts to coral reef ecosystems within the
jurisdiction of the manager.
‘‘(D) The status of efforts to improve coral reef ecosystem management cooperation and integration between
Federal reef managers and covered reef managers,
including the identification of existing research and monitoring activities that can be leveraged for coral reef status
and trends assessments within the jurisdiction of the manager.

H. R. 7776—1542
‘‘(E) Estimated budgetary and resource considerations
necessary to carry out the plan.
‘‘(F) Contingencies for response to and recovery from
emergencies and disasters.
‘‘(G) In the case of an updated plan, annual records
of significant management and restoration actions taken
under the previous plan, cash and noncash resources used
to undertake the actions, and the source of such resources.
‘‘(H) Documentation by the Federal reef manager that
the plan is consistent with the National Coral Reef Resilience Strategy.
‘‘(I) A data management plan to ensure data, assessments, and accompanying information are appropriately
preserved, curated, publicly accessible, and broadly
reusable.
‘‘(3) SUBMISSION TO TASK FORCE.—Each Federal reef manager shall submit a plan prepared under paragraph (1) to
the Task Force.
‘‘(4) APPLICATION OF ADMINISTRATIVE PROCEDURE ACT.—
Each plan prepared under paragraph (1) shall be subject to
the requirements of subchapter II of chapter 5, and chapter
7, of title 5, United States Code (commonly known as the
‘Administrative Procedure Act’).
‘‘(b) PLANS PREPARED BY COVERED REEF MANAGERS.—
‘‘(1) IN GENERAL.—A covered reef manager may elect to
prepare, submit to the Task Force, and maintain a coral reef
action plan to guide management and restoration activities
to be undertaken within the responsibilities and jurisdiction
of the manager.
‘‘(2) EFFECTIVE PERIOD.—A plan prepared under this subsection shall remain in effect for 5 years, or until an updated
plan is submitted to the Task Force, whichever occurs first.
‘‘(3) ELEMENTS.—A plan prepared under paragraph (1) by
a covered reef manager—
‘‘(A) shall contain a discussion of—
‘‘(i) short- and medium-term coral reef conservation
and restoration objectives within the jurisdiction of
the manager;
‘‘(ii) estimated budgetary and resource considerations necessary to carry out the plan;
‘‘(iii) in the case of an updated plan, annual records
of significant management and restoration actions
taken under the previous plan, cash and noncash
resources used to undertake the actions, and the source
of such resources; and
‘‘(iv) contingencies for response to and recovery
from emergencies and disasters; and
‘‘(B) may contain a discussion of—
‘‘(i) the status of efforts to improve coral reef ecosystem management cooperation and integration
between Federal reef managers and covered reef managers, including the identification of existing research
and monitoring activities that can be leveraged for
coral reef status and trends assessments within the
jurisdiction of the manager;
‘‘(ii) a current adaptive management framework
to inform research, monitoring, and assessment needs;

H. R. 7776—1543
‘‘(iii) tools, strategies, and partnerships necessary
to identify, monitor, and address pollution and water
quality impacts to coral reef ecosystems within the
jurisdiction of the manager; and
‘‘(iv) a data management plan to ensure data,
assessments, and accompanying information are appropriately preserved, curated, publicly accessible, and
broadly reusable.
‘‘(c) TECHNICAL ASSISTANCE.—The Administrator and the Task
Force shall make reasonable efforts to provide technical assistance
upon request by a Federal reef manager or covered reef manager
developing a coral reef action plan under this section.
‘‘(d) PUBLICATION.—The Administrator shall publish each coral
reef action plan prepared and submitted to the Task Force under
this section on the public website of the Coral Reef Conservation
Program of the National Oceanic and Atmospheric Administration.
‘‘SEC. 206. CORAL REEF STEWARDSHIP PARTNERSHIPS.

‘‘(a) IN GENERAL.—To further community-based stewardship
of coral reefs, coral reef stewardship partnerships for Federal and
non-Federal coral reefs may be established in accordance with this
section.
‘‘(b) STANDARDS AND PROCEDURES.—The Administrator shall
develop and adopt—
‘‘(1) standards for identifying individual coral reefs and
ecologically significant units of coral reefs; and
‘‘(2) processes for adjudicating multiple applicants for
stewardship of the same coral reef or ecologically significant
unit of a reef to ensure no geographic overlap in representation
among stewardship partnerships authorized by this section.
‘‘(c) MEMBERSHIP FOR FEDERAL CORAL REEFS.—A coral reef
stewardship partnership that has identified, as the subject of its
stewardship activities, a coral reef or ecologically significant unit
of a coral reef that is fully or partially under the management
jurisdiction of any Federal agency specified in section 203(c) shall,
at a minimum, include the following:
‘‘(1) That Federal agency, a representative of which shall
serve as chairperson of the coral reef stewardship partnership.
‘‘(2) A State or county’s resource management agency to
the extent that such partnership covers a reef within such
States or county’s jurisdiction.
‘‘(3) A coral reef research center designated under section
212(b).
‘‘(4) A nongovernmental organization.
‘‘(5) A covered Native entity culturally affiliated with the
subject reef or ecologically significant unit, if any.
‘‘(6) Such other members as the partnership considers
appropriate, such as interested stakeholder groups and covered
Native entities.
‘‘(d) MEMBERSHIP FOR NON-FEDERAL CORAL REEFS.—
‘‘(1) IN GENERAL.—A coral reef stewardship partnership
that has identified, as the subject of its stewardship activities,
a coral reef or ecologically significant component of a coral
reef that is not under the management jurisdiction of any
Federal agency specified in section 203(c) shall, at a minimum,
include the following:

H. R. 7776—1544
‘‘(A) A State or county’s resource management agency
or a covered Native entity, a representative of which shall
serve as the chairperson of the coral reef stewardship partnership.
‘‘(B) A coral reef research center designated under section 212(b).
‘‘(C) A nongovernmental organization.
‘‘(D) Such other members as the partnership considers
appropriate, such as interested stakeholder groups.
‘‘(2) ADDITIONAL MEMBERS.—
‘‘(A) IN GENERAL.—Subject to subparagraph (B), a coral
reef stewardship partnership described in paragraph (1)
may also include representatives of one or more Federal
agencies.
‘‘(B) REQUESTS; APPROVAL.—A representative of a Federal agency described in subparagraph (A) may become
a member of a coral reef stewardship partnership described
in paragraph (1) if—
‘‘(i) the representative submits a request to become
a member to the chairperson of the partnership
referred to in paragraph (1)(A); and
‘‘(ii) the chairperson consents to the request.
‘‘(e) NONAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE
ACT.—The Federal Advisory Committee Act (5 U.S.C. App.) shall
not apply to coral reef stewardship partnerships under this section.
‘‘SEC. 207. BLOCK GRANTS.

‘‘(a) IN GENERAL.—In each fiscal year beginning in fiscal year
2023 and subject to the availability of appropriations, the Administrator shall provide block grants of financial assistance of not less
than $500,000 to each covered State to support management and
restoration activities and further the implementation of coral reef
action plans in effect under section 205 by covered States and
non-Federal coral reef stewardship partnerships in accordance with
this section. The Administrator shall review each covered State’s
application for block grant funding to ensure that applications
are consistent with applicable action plans and the National Coral
Reef Resilience Strategy.
‘‘(b) RESPONSIBILITIES OF THE ADMINISTRATOR.—The Administrator is responsible for—
‘‘(1) providing guidance on the proper documentation of
expenditures authorized under this Act;
‘‘(2) issuing annual solicitations to covered States for
awards under this section; and
‘‘(3) determining the appropriate allocation of additional
amounts among covered States in accordance with this section.
‘‘(c) RESPONSIBILITIES OF COVERED STATES.—Each covered State
is responsible for documenting and reporting—
‘‘(1) such State’s use of Federal funds received under this
Act; and
‘‘(2) such expenditures of non-Federal funds made in furtherance of coral reef management and restoration as the
Administrator determines appropriate.
‘‘(d) COOPERATIVE AGREEMENTS.—Subject to the availability of
appropriations, the Administrator may seek to enter into a cooperative agreement with a covered State to fund coral reef conservation
and restoration activities in waters managed under the jurisdiction

H. R. 7776—1545
of such covered State that are consistent with the National Coral
Reef Resilience Strategy and any applicable action plan under section 205.
‘‘(e) ALL ISLANDS COMMITTEE.—The Administrator may enter
into a cooperative agreement with the All Islands Committee of
the Task Force to provide support for its activities.
‘‘SEC. 208. CORAL REEF STEWARDSHIP FUND.

‘‘(a) AGREEMENT.—The Administrator shall seek to enter into
an agreement with the National Fish and Wildlife Foundation (in
this section referred to as the ‘Foundation’), authorizing the Foundation to receive, hold, and administer funds received under this
section.
‘‘(b) FUND.—
‘‘(1) IN GENERAL.—The Foundation shall establish an
account, which shall—
‘‘(A) be known as the ‘Coral Reef Stewardship Fund’
(in this section referred to as the ‘Fund’); and
‘‘(B) serve as the successor to the account known before
the date of the enactment of the James M. Inhofe National
Defense Authorization Act for Fiscal Year 2023 as the
Coral Reef Conservation Fund and administered through
a public-private partnership with the Foundation.
‘‘(2) DEPOSITS.—The Foundation shall deposit funds
received under this section into the Fund.
‘‘(3) PURPOSES.—The Fund shall be available solely to support coral reef stewardship activities that—
‘‘(A) further the purposes of this title; and
‘‘(B) are consistent with—
‘‘(i) the National Coral Reef Resilience Strategy;
and
‘‘(ii) coral reef action plans in effect, if any, under
section 205 covering a coral reef or ecologically significant component of a coral reef to be impacted by such
activities, if applicable.
‘‘(4) INVESTMENT OF AMOUNTS.—
‘‘(A) INVESTMENT OF AMOUNTS.—The Foundation shall
invest such portion of the Fund as is not required to meet
current withdrawals in interest-bearing obligations of the
United States or in obligations guaranteed as to both principal and interest by the United States.
‘‘(B) INTEREST AND PROCEEDS.—The interest on, and
the proceeds from the sale or redemption of, any obligations
held in the Fund shall be credited to and form a part
of the Fund.
‘‘(5) REVIEW OF PERFORMANCE.—The Administrator shall
conduct a continuing review of all deposits into, and disbursements from, the Fund. Each review shall include a written
assessment concerning the extent to which the Foundation
has implemented the goals and requirements of—
‘‘(A) this section; and
‘‘(B) the National Coral Reef Resilience Strategy.
‘‘(c) AUTHORIZATION TO SOLICIT DONATIONS.—
‘‘(1) IN GENERAL.—Pursuant to an agreement entered into
under subsection (a), the Foundation may accept, receive,

H. R. 7776—1546
solicit, hold, administer, and use any gift (including, notwithstanding section 1342 of title 31, United States Code, donations
of services) to further the purposes of this title.
‘‘(2) DEPOSITS IN FUND.—Notwithstanding section 3302 of
title 31, United States Code, any funds received as a gift
shall be deposited and maintained in the Fund.
‘‘(d) ADMINISTRATION.—Under an agreement entered into pursuant to subsection (a), and subject to the availability of appropriations, the Administrator may transfer funds appropriated for such
purposes to carry out this title to the Foundation. Amounts received
by the Foundation under this subsection may be used for matching,
in whole or in part, contributions (whether in money, services,
or property) made to the Foundation by private persons, State
or local government agencies, or covered Native entities.
‘‘SEC. 209. EMERGENCY ASSISTANCE.

‘‘(a) IN GENERAL.—Notwithstanding any other provision of law,
from funds appropriated pursuant to the authorization of appropriations under section 215, the Administrator may provide emergency
assistance to any covered State or coral reef stewardship partnership to respond to immediate harm to coral reefs or coral reef
ecosystems arising from any of the exigent circumstances described
in subsection (b).
‘‘(b) CORAL REEF EXIGENT CIRCUMSTANCES.—The Administrator
shall develop a list of, and criteria for, circumstances that pose
an exigent threat to coral reefs, including—
‘‘(1) new and ongoing outbreaks of disease;
‘‘(2) new and ongoing outbreaks of invasive or nuisance
species;
‘‘(3) new and ongoing coral bleaching events;
‘‘(4) natural disasters;
‘‘(5) industrial or mechanical incidents, such as vessel
groundings, hazardous spills, or coastal construction accidents;
and
‘‘(6) such other circumstances as the Administrator determines appropriate.
‘‘(c) ANNUAL REPORT ON EXIGENT CIRCUMSTANCES.—On February 1 of each year, the Administrator 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—
‘‘(1) describes locations with exigent circumstances
described in subsection (b) that were considered but declined
for emergency assistance, and the rationale for the decision;
and
‘‘(2) with respect to each instance in which emergency
assistance under this section was provided—
‘‘(A) the location and a description of the exigent circumstances that prompted the emergency assistance, the
entity that received the assistance, and the current and
expected outcomes from the assistance;
‘‘(B) a description of activities of the National Oceanic
and Atmospheric Administration that were curtailed as
a result of providing the emergency assistance; and
‘‘(C) an assessment of whether further action is needed
to restore the affected coral reef, recommendations for such

H. R. 7776—1547
restoration, and a cost estimate to implement such recommendations.
‘‘SEC. 210. CORAL REEF DISASTER FUND.

‘‘(a) AGREEMENTS.—The Administrator shall seek to enter into
an agreement with the National Fish and Wildlife Foundation (in
this section referred to as the ‘Foundation’), authorizing the Foundation to receive, hold, and administer funds received under this
section.
‘‘(b) FUND.—
‘‘(1) IN GENERAL.—The Foundation shall establish an
account, to be known as the ‘Coral Reef Disaster Fund’ (in
this section referred to as the ‘Fund’).
‘‘(2) DEPOSITS.—The Foundation shall deposit funds
received under this section into the Fund.
‘‘(3) PURPOSES.—The Fund shall be available solely to support the long-term recovery of coral reefs from exigent circumstances described in section 209(b)—
‘‘(A) in partnership with non-Federal stakeholders; and
‘‘(B) in a manner that is consistent with—
‘‘(i) the National Coral Reef Resilience Strategy;
and
‘‘(ii) coral reef action plans in effect, if any, under
section 205.
‘‘(4) INVESTMENT OF AMOUNTS.—
‘‘(A) INVESTMENT OF AMOUNTS.—The Foundation shall
invest such portion of the Fund as is not required to meet
current withdrawals in interest-bearing obligations of the
United States or in obligations guaranteed as to both principal and interest by the United States.
‘‘(B) INTEREST AND PROCEEDS.—The interest on, and
the proceeds from, the sale or redemption of, any obligations held in the Fund shall be credited to and form a
part of the Fund.
‘‘(5) REVIEW OF PERFORMANCE.—The Administrator shall
conduct continuing reviews of all deposits into, and disbursements from, the Fund. Each such review shall include a written
assessment concerning the extent to which the Foundation
has implemented the goals and requirements of this section.
‘‘(c) AUTHORIZATION TO SOLICIT DONATIONS.—
‘‘(1) IN GENERAL.—Pursuant to an agreement entered into
under subsection (a), the Foundation may accept, receive,
solicit, hold, administer, and use any gift (including, notwithstanding section 1342 of title 31, United States Code, donations
of services) to further the purposes of this title.
‘‘(2) DEPOSITS IN FUND.—Notwithstanding section 3302 of
title 31, United States Code, any funds received as a gift
shall be deposited and maintained in the Fund.
‘‘SEC. 211. RUTH D. GATES CORAL REEF CONSERVATION GRANT PROGRAM.

‘‘(a) IN GENERAL.—Subject to the availability of appropriations,
the Administrator shall establish a program (to be known as the
‘Ruth D. Gates Coral Reef Conservation Grant Program’) to provide
grants for projects for the conservation and restoration of coral
reef ecosystems (in this section referred to as ‘coral reef projects’)
pursuant to proposals approved by the Administrator in accordance
with this section.

H. R. 7776—1548
‘‘(b) MATCHING REQUIREMENTS FOR GRANTS.—
‘‘(1) IN GENERAL.—Except as provided in paragraph (3),
Federal funds for any coral reef project for which a grant
is provided under subsection (a) may not exceed 50 percent
of the total cost of the project.
‘‘(2) NON-FEDERAL SHARE.—The non-Federal share of the
cost of a coral reef project may be provided by in-kind contributions and other noncash support.
‘‘(3) WAIVER.—The Administrator may waive all or part
of the matching requirement under paragraph (1) if the
Administrator determines that no reasonable means are available through which an applicant can meet the matching requirement with respect to a coral reef project and the probable
benefit of the project outweighs the public interest in the
matching requirement.
‘‘(c) ELIGIBILITY.—
‘‘(1) IN GENERAL.—An entity described in paragraph (2)
may submit to the Administrator a proposal for a coral reef
project.
‘‘(2) ENTITIES DESCRIBED.—An entity described in this paragraph is—
‘‘(A) a covered reef manager or a covered Native entity;
‘‘(B) a regional fishery management council established
under the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1801 et seq.);
‘‘(C) a coral reef stewardship partnership seeking to
implement a coral reef action plan in effect under section
205;
‘‘(D) a coral reef research center designated under section 212(b); or
‘‘(E) a nongovernmental organization or research
institution with demonstrated expertise in the conservation
or restoration of coral reefs in practice or through significant contributions to the body of existing scientific research
on coral reefs.
‘‘(d) PROJECT PROPOSALS.—Each proposal for a grant under
this section for a coral reef project shall include the following:
‘‘(1) The name of the individual or entity responsible for
conducting the project.
‘‘(2) A description of the qualifications of the individual
or entity.
‘‘(3) A succinct statement of the purposes of the project.
‘‘(4) An estimate of the funds and time required to complete
the project.
‘‘(5) Evidence of support for the project by appropriate
representatives of States or other government jurisdictions in
which the project will be conducted.
‘‘(6) Information regarding the source and amount of
matching funding available to the applicant.
‘‘(7) A description of how the project meets one or more
of the criteria under subsection (e)(2).
‘‘(8) In the case of a proposal submitted by a coral reef
stewardship partnership, a description of how the project aligns
with the applicable coral reef action plan in effect under section
205.

H. R. 7776—1549
‘‘(9) Any other information the Administrator considers to
be necessary for evaluating the eligibility of the project for
a grant under this subsection.
‘‘(e) PROJECT REVIEW AND APPROVAL.—
‘‘(1) IN GENERAL.—The Administrator shall review each
coral reef project proposal submitted under this section to determine if the project meets the criteria set forth in subsection
(f).
‘‘(2) PRIORITIZATION OF CONSERVATION PROJECTS.—The
Administrator shall prioritize the awarding of funding for
projects that meet the criteria for approval described in—
‘‘(A) subparagraphs (A) through (G) of subsection (f)(2)
that are proposed to be conducted within priority areas
identified for coral reef conservation by the Administrator
under the National Coral Reef Resilience Strategy; and
‘‘(B) subparagraphs (E) through (L) of subsection (f)(2)
that are proposed to be conducted within priority areas
identified for coral reef restoration by the Administrator
under the National Coral Reef Resilience Strategy.
‘‘(3) REVIEW; APPROVAL OR DISAPPROVAL.—Not later than
180 days after receiving a proposal for a coral reef project
under this section, the Administrator shall—
‘‘(A) request and consider written comments on the
proposal from each Federal agency, State government, covered Native entity, or other government jurisdiction,
including the relevant regional fishery management councils established under the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.),
or any National Marine Sanctuary or Marine National
Monument, with jurisdiction or management authority over
coral reef ecosystems in the area where the project is
to be conducted, including the extent to which the project
is consistent with locally established priorities, unless such
entities were directly involved in the development of the
project proposal;
‘‘(B) provide for the merit-based peer review of the
proposal and require standardized documentation of that
peer review;
‘‘(C) after considering any written comments and recommendations based on the reviews under subparagraphs
(A) and (B), approve or disapprove the proposal; and
‘‘(D) provide written notification of that approval or
disapproval, with summaries of all written comments, recommendations, and peer reviews, to the entity that submitted the proposal, and each of those States, covered
Native entity, and other government jurisdictions that provided comments under subparagraph (A).
‘‘(f) CRITERIA FOR APPROVAL.—The Administrator may not
approve a proposal for a coral reef project under this section unless
the project—
‘‘(1) is consistent with—
‘‘(A) the National Coral Reef Resilience Strategy; and
‘‘(B) any Federal or non-Federal coral reef action plans
in effect under section 205 covering a coral reef or ecologically significant unit of a coral reef to be affected by
the project; and

H. R. 7776—1550
‘‘(2) will enhance the conservation and restoration of coral
reefs by—
‘‘(A) addressing conflicts arising from the use of
environments near coral reefs or from the use of corals,
species associated with coral reefs, and coral products,
including supporting consensus-driven and communitybased planning and management initiatives for the protection of coral reef ecosystems;
‘‘(B) improving compliance with laws that prohibit or
regulate the taking of coral products or species associated
with coral reefs or regulate the use and management of
coral reef ecosystems;
‘‘(C) designing and implementing networks of real-time
water quality monitoring along coral reefs, including data
collection related to turbidity, nutrient availability, harmful
algal blooms, and plankton assemblages, with an emphasis
on coral reefs impacted by agriculture and urban development;
‘‘(D) promoting ecologically sound navigation and
anchorages, including mooring buoy systems to promote
enhanced recreational access, near coral reefs;
‘‘(E) furthering the goals and objectives of coral reef
action plans in effect under section 205;
‘‘(F) mapping the location and distribution of coral
reefs and potential coral reef habitat;
‘‘(G) stimulating innovation to advance the ability of
the United States to understand, research, or monitor coral
reef ecosystems, or to develop management or adaptation
options to conserve and restore coral reef ecosystems;
‘‘(H) implementing research to ensure the population
viability of coral species in United States waters listed
as threatened or endangered under the Endangered Species
Act of 1973 as detailed in the population-based recovery
criteria included in species-specific recovery plans established under such Act;
‘‘(I) developing and implementing cost-effective
methods to restore degraded coral reef ecosystems or to
create geographically appropriate coral reef ecosystems in
suitable waters, including by improving habitat or promoting success of keystone species, with an emphasis on
novel restoration strategies and techniques to advance coral
reef recovery and growth near population centers threatened by rising sea levels and storm surge;
‘‘(J) translating and applying coral genetics research
to coral reef ecosystem restoration, including research
related to traits that promote resilience to increasing ocean
temperatures, changing ocean chemistry, coral bleaching,
coral diseases, and invasive species;
‘‘(K) developing and maintaining in situ native coral
propagation sites; or
‘‘(L) developing and maintaining ex situ coral propagation nurseries and land-based coral gene banks to—
‘‘(i) conserve or augment genetic diversity of native
coral populations;
‘‘(ii) support captive breeding of rare coral species;
or

H. R. 7776—1551
‘‘(iii) enhance resilience of native coral populations
to increasing ocean temperatures, changing ocean
chemistry, coral bleaching, and coral diseases through
selective breeding, conditioning, or other approaches
that target genes, gene expression, phenotypic traits,
or phenotypic plasticity.
‘‘(g) FUNDING REQUIREMENTS.—To the extent practicable based
upon proposals for coral reef projects submitted to the Administrator, the Administrator shall ensure that funding for grants
awarded under this section during a fiscal year is distributed as
follows:
‘‘(1) Not less than 40 percent of funds available shall be
awarded for projects in areas of the Pacific Ocean subject
to the jurisdiction or control of the United States.
‘‘(2) Not less than 40 percent of the funds available shall
be awarded for projects in areas of the Atlantic Ocean, the
Gulf of Mexico, or the Caribbean Sea subject to the jurisdiction
or control of the United States.
‘‘(3) To the extent there are viable applications made by
eligible coral reef stewardship partners, not more than 67 percent of funds distributed in each region in accordance with
paragraphs (1) and (2) may be made exclusively available to
projects that are—
‘‘(A) submitted by a coral reef stewardship partnership;
and
‘‘(B) consistent with the coral reef action plan in effect
under section 205 by such a partnership.
‘‘(4) Of the funds distributed to support projects in accordance with paragraph (3), not less than 20 percent and not
more than 33 percent shall be awarded for projects submitted
by a Federal coral reef stewardship partnership, to the extent
there are viable applications made by eligible Federal coral
reef stewardship partnerships.
‘‘(h) TASK FORCE.—The Administrator may consult with the
Secretary of the Interior and the Task Force to obtain guidance
in establishing priorities and evaluating proposals for coral reef
projects under this section.
‘‘SEC. 212. CORAL REEF RESEARCH.

‘‘(a) REEF RESEARCH COORDINATION INSTITUTES.—
‘‘(1) ESTABLISHMENT.—The Administrator shall designate
2 reef research coordination institutes for the purpose of
advancing and sustaining essential capabilities in coral reef
research, one each in the Atlantic and Pacific basins, to be
known as the ‘Atlantic Reef Research Coordination Institute’
and the ‘Pacific Reef Research Coordination Institute’, respectively.
‘‘(2) MEMBERSHIP.—Each institute designated under paragraph (1) shall be housed within a single coral reef research
center designated by the Administrator under subsection (b).
‘‘(3) FUNCTIONS.—The institutes designated under paragraph (1) shall—
‘‘(A) conduct federally directed research to fill national
and regional coral reef ecosystem research gaps and
improve understanding of, and responses to, continuing
and emerging threats to the resilience of United States

H. R. 7776—1552
coral reef ecosystems consistent with the National Coral
Reef Resilience Strategy;
‘‘(B) support ecological research and monitoring to
study the effects of conservation and restoration activities
funded by this title on promoting more effective coral reef
management and restoration; and
‘‘(C) through agreements—
‘‘(i) collaborate directly with States, covered Native
entities, covered coral reef managers, nonprofit
organizations, and other coral reef research centers
designated under subsection (b);
‘‘(ii) assist in the development and implementation
of—
‘‘(I) the National Coral Reef Resilience
Strategy; and
‘‘(II) coral reef action plans under section 205;
‘‘(iii) build capacity within non-Federal governmental resource management agencies to establish
research priorities and translate and apply research
findings to management and restoration practices; and
‘‘(iv) conduct public education and awareness programs for policymakers, resource managers, and the
general public on—
‘‘(I) coral reefs and coral reef ecosystems;
‘‘(II) best practices for coral reef ecosystem
management and restoration;
‘‘(III) the value of coral reefs; and
‘‘(IV) the threats to the sustainability of coral
reef ecosystems.
‘‘(b) CORAL REEF RESEARCH CENTERS.—
‘‘(1) IN GENERAL.—The Administrator shall—
‘‘(A) periodically solicit applications for designation of
qualifying institutions in covered States as coral reef
research centers; and
‘‘(B) designate all qualifying institutions in covered
States as coral reef research centers.
‘‘(2) QUALIFYING INSTITUTIONS.—For purposes of paragraph
(1), an institution is a qualifying institution if the Administrator
determines that the institution—
‘‘(A) is operated by an institution of higher education
or nonprofit marine research organization;
‘‘(B) has established management-driven national or
regional coral reef research or restoration programs;
‘‘(C) has demonstrated abilities to coordinate closely
with appropriate Federal and State agencies, and other
academic and nonprofit organizations; and
‘‘(D) maintains significant local community engagement
and outreach programs related to coral reef ecosystems.
‘‘SEC. 213. CORAL REEF PRIZE COMPETITIONS.

‘‘(a) IN GENERAL.—Subject to the availability of appropriations,
the head of any Federal agency with a representative serving on
the United States Coral Reef Task Force established by section
10011 of the James M. Inhofe National Defense Authorization Act
for Fiscal Year 2023, may, individually or in cooperation with

H. R. 7776—1553
one or more agencies, carry out a program to award prizes competitively under section 24 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3719).
‘‘(b) PURPOSES.—Any program carried out under this section
shall be for the purpose of stimulating innovation to advance the
ability of the United States to understand, research, or monitor
coral reef ecosystems, or to develop management or adaptation
options to preserve, sustain, and restore coral reef ecosystems.
‘‘(c) PRIORITY PROGRAMS.—Priority shall be given to establishing
programs under this section that address communities, environments, or industries that are in distress as a result of the decline
or degradation of coral reef ecosystems, including—
‘‘(1) scientific research and monitoring that furthers the
understanding of causes behind coral reef decline and degradation and the generally slow recovery following disturbances,
including changing ocean chemistry, temperature-related
bleaching, disease, and their associated impacts on coral physiology;
‘‘(2) the development of monitoring or management options
for communities or industries that are experiencing significant
financial hardship;
‘‘(3) the development of adaptation options to alleviate economic harm and job loss caused by damage to coral reef ecosystems;
‘‘(4) the development of measures to help vulnerable
communities or industries, with an emphasis on rural communities and businesses; and
‘‘(5) the development of adaptation and management
options for impacted tourism industries.
‘‘SEC. 214. REPORTS ON ADMINISTRATION.

‘‘(a) IN GENERAL.—Not later than 2 years after the date of
the enactment of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023, and every 2 years thereafter, the
Administrator shall submit to the committees specified in subsection
(b) a report on the administration of this title during the 2-year
period preceding submission of the report, including—
‘‘(1) a description of all activities undertaken to implement
the National Coral Reef Resilience Strategy;
‘‘(2) a statement of all funds obligated under the authorities
of this title; and
‘‘(3) a summary, disaggregated by State, of Federal and
non-Federal contributions toward the costs of each project or
activity funded, in full or in part, under this title.
‘‘(b) COMMITTEES SPECIFIED.—The committees specified in this
subsection are—
‘‘(1) the Committee on Commerce, Science, and Transportation, Committee on Environment and Public Works, Committee on Energy and Natural Resources, and the Committee
on Appropriations of the Senate; and
‘‘(2) the Committee on Natural Resources and the Committee on Appropriations of the House of Representatives.
‘‘SEC. 215. AUTHORIZATION OF APPROPRIATIONS.

‘‘(a) IN GENERAL.—There is authorized to be appropriated to
the Administrator $45,000,000 for each of fiscal years 2023 through
2027 to carry out this title which shall remain available until

H. R. 7776—1554
expended. Of such amounts, there is authorized to be appropriated
for each such fiscal year—
‘‘(1) $12,000,000 to carry out section 207;
‘‘(2) $3,500,000 for activities authorized under section 211;
and
‘‘(3) $4,500,000 to be provided to the cooperative institutes
designated under section 212(a) to carry out the functions
described in such section.
‘‘(b) ADMINISTRATION.—Not more than 10 percent of the
amounts appropriated under subsection (a) may be used for program
administration or overhead costs incurred by the National Oceanic
and Atmospheric Administration or the Department of Commerce.
‘‘SEC. 216. DEFINITIONS.

‘‘In this title:
‘‘(1) ADMINISTRATOR.—The term ‘Administrator’ means the
Administrator of the National Oceanic and Atmospheric
Administration.
‘‘(2) ALASKA NATIVE CORPORATION.—The term ‘Alaska
Native Corporation’ has the meaning given the term ‘Native
Corporation’ in section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602).
‘‘(3) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term
‘appropriate congressional committees’ means the Committee
on Commerce, Science, and Transportation of the Senate and
the Committee on Natural Resources of the House of Representatives.
‘‘(4) CONSERVATION.—The term ‘conservation’ means the
use of methods and procedures necessary to preserve or sustain
native corals and associated species as diverse, viable, and
self-perpetuating coral reef ecosystems with minimal impacts
from invasive species, including—
‘‘(A) all activities associated with resource management, such as monitoring, assessment, protection, restoration, sustainable use, management of habitat, and maintenance or augmentation of genetic diversity;
‘‘(B) mapping;
‘‘(C) scientific expertise and technical assistance in the
development and implementation of management strategies
for marine protected areas and marine resources required
by Federal law;
‘‘(D) law enforcement;
‘‘(E) conflict resolution initiatives;
‘‘(F) community outreach and education; and
‘‘(G) promotion of safe and ecologically sound navigation and anchoring.
‘‘(5) CORAL.—The term ‘coral’ means species of the phylum
Cnidaria, including—
‘‘(A) all species of the orders Antipatharia (black
corals), Scleractinia (stony corals), Alcyonacea (soft corals,
organ pipe corals, gorgonians), and Helioporacea (blue
coral), of the class Anthozoa; and
‘‘(B) all species of the order Anthoathecata (fire corals
and other hydrocorals) of the class Hydrozoa.
‘‘(6) CORAL PRODUCTS.—The term ‘coral products’ means
any living or dead specimens, parts, or derivatives, or any

H. R. 7776—1555
product containing specimens, parts, or derivatives, of any species of coral.
‘‘(7) CORAL REEF.—The term ‘coral reef’ means calcium
carbonate structures in the form of a reef or shoal, composed
in whole or in part by living coral, skeletal remains of coral,
crustose coralline algae, and other associated sessile marine
plants and animals.
‘‘(8) CORAL REEF ECOSYSTEM.—The term ‘coral reef ecosystem’ means—
‘‘(A) corals and other geographically and ecologically
associated marine communities of other reef organisms
(including reef plants and animals) associated with coral
reef habitat; and
‘‘(B) the biotic and abiotic factors and processes that
control or significantly affect coral calcification rates, tissue
growth, reproduction, recruitment, abundance, coral-algal
symbiosis, and biodiversity in such habitat.
‘‘(9) CORAL REEF ECOSYSTEM SERVICES.—The term ‘coral
reef ecosystem services’ means the attributes and benefits provided by coral reef ecosystems including—
‘‘(A) protection of coastal beaches, structures, and infrastructure;
‘‘(B) habitat for organisms of economic, ecological, biomedical, medicinal, and cultural value;
‘‘(C) serving as centers for the promulgation, performance, and training of cultural practices representative of
traditional ecological knowledge; and
‘‘(D) aesthetic value.
‘‘(10) COVERED NATIVE ENTITY.—The term ‘covered Native
entity’ means a Native entity with interests in a coral reef
ecosystem.
‘‘(11) COVERED REEF MANAGER.—The term ‘covered reef
manager’ means—
‘‘(A) a management unit of a covered State with jurisdiction over a coral reef ecosystem;
‘‘(B) a covered State; or
‘‘(C) a coral reef stewardship partnership under section
206.
‘‘(12) COVERED STATE.—The term ‘covered State’ means
Florida, Hawaii, and the territories of American Samoa, the
Commonwealth of the Northern Mariana Islands, Guam, Puerto
Rico, and the United States Virgin Islands.
‘‘(13) FEDERAL REEF MANAGER.—
‘‘(A) IN GENERAL.—The term ‘Federal reef manager’
means—
‘‘(i) a management unit of a Federal agency specified in subparagraph (B) with lead management jurisdiction over a coral reef ecosystem; or
‘‘(ii) a coral reef stewardship partnership under
section 206(c).
‘‘(B) FEDERAL AGENCIES SPECIFIED.—A Federal agency
specified in this subparagraph is one of the following:
‘‘(i) The National Oceanic and Atmospheric
Administration.
‘‘(ii) The National Park Service.
‘‘(iii) The United States Fish and Wildlife Service.
‘‘(iv) The Office of Insular Affairs.

H. R. 7776—1556
‘‘(14) INSTITUTION OF HIGHER EDUCATION.—The term
‘institution of higher education’ has the meaning given that
term in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001).
‘‘(15) INTERESTED STAKEHOLDER GROUPS.—The term
‘interested stakeholder groups’ means any of the following with
interest in an applicable coral reef or ecologically significant
unit of a coral reef:
‘‘(A) A business.
‘‘(B) A commercial or recreational fisherman.
‘‘(C) A recreationalist.
‘‘(D) A Federal, State, Tribal, or local government unit
with related jurisdiction.
‘‘(E) An institution of higher education (as such term
is defined in section 101(a) of the Higher Education Act
of 1965 (20 U.S.C. 1001(a)).
‘‘(F) A nongovernmental organization.
‘‘(16) NATIONAL CORAL REEF RESILIENCE STRATEGY.—The
term ‘National Coral Reef Resilience Strategy’ means the
National Coral Reef Resilience Strategy in effect under section
204.
‘‘(17) NATIVE ENTITY.—The term ‘Native entity’ means any
of the following:
‘‘(A) An Indian Tribe (as defined in section 4 of the
Indian Self-Determination and Education Assistance Act
(25 U.S.C. 5304)).
‘‘(B) An Alaska Native Corporation.
‘‘(C) The Department of Hawaiian Home Lands.
‘‘(D) The Office of Hawaiian Affairs.
‘‘(E) A Native Hawaiian organization (as defined in
section 6207 of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 7517)).
‘‘(18) NONPROFIT ORGANIZATION.—The term ‘nonprofit
organization’ means any corporation, trust, association, cooperative, or other organization, not including an institution of higher
education, that—
‘‘(A) is operated primarily for scientific, educational,
service, charitable, or similar purposes in the public
interest;
‘‘(B) is not organized primarily for profit; and
‘‘(C) uses net proceeds to maintain, improve, or expand
the operations of the organization.
‘‘(19) RESTORATION.—The term ‘restoration’ means the use
of methods and procedures necessary to enhance, rehabilitate,
recreate, or create a functioning coral reef or coral reef ecosystem, in whole or in part, within suitable waters of the
historical geographic range of such ecosystems, to provide
ecological, economic, cultural, or coastal resiliency services associated with healthy coral reefs and benefit native populations
of coral reef organisms.
‘‘(20) RESILIENCE.—The term ‘resilience’ means the capacity
for corals within their native range, coral reefs, or coral reef
ecosystems to resist and recover from natural and human
disturbances, and maintain structure and function to provide
coral reef ecosystem services, as determined by clearly identifiable, measurable, and science-based standards.

H. R. 7776—1557
‘‘(21) SECRETARY.—The term ‘Secretary’ means the Secretary of Commerce.
‘‘(22) STATE.—The term ‘State’ means—
‘‘(A) any State of the United States that contains a
coral reef ecosystem within its seaward boundaries;
‘‘(B) American Samoa, the Commonwealth of the
Northern Mariana Islands, Guam, Puerto Rico, or the
United States Virgin Islands; or
‘‘(C) any other territory or possession of the United
States or separate sovereign in free association with the
United States that contains a coral reef ecosystem within
its seaward boundaries.
‘‘(23) STEWARDSHIP.—The term ‘stewardship’, with respect
to a coral reef, includes conservation, restoration, and public
outreach and education.
‘‘(24) TASK FORCE.—The term ‘Task Force’ means the
United States Coral Reef Task Force established under section
10011 of the James M. Inhofe National Defense Authorization
Act for Fiscal Year 2023.’’.
(b) CONFORMING AMENDMENT TO NATIONAL OCEANS AND
COASTAL SECURITY ACT.—Section 905(a) of the National Oceans
and Coastal Security Act (16 U.S.C. 7504(a)) is amended by striking
‘‘and coastal infrastructure’’ and inserting ‘‘, coastal infrastructure,
and ecosystem services provided by natural systems such as coral
reefs’’.
(c) COMPTROLLER GENERAL REVIEW OF CORAL REEF CONSERVATION PROGRAMS AT THE NATIONAL OCEANIC AND ATMOSPHERIC
ADMINISTRATION.—The Comptroller General of the United States
shall, not later than 1 year after the date of the enactment of
this Act, submit to Congress and the National Oceanic and
Atmospheric Administration a report that—
(1) examines the budget and accounting practices of the
coral reef conservation programs of such Administration,
including expenditure tracking across line and program offices;
(2) examines the process for determining appropriate
project goals and funding priorities; and
(3) includes recommendations on policies or best practices
that may improve the transparency and accountability of coral
reef conservation programs.
(d) SAVINGS CLAUSE.—None of the amendments made by or
provisions of this title may be construed to enlarge the management
authority of a Federal agency or coral reef stewardship partnership
to coral reefs and coral reef ecosystems outside the boundaries
of such agency’s or partnership’s jurisdiction.

Subtitle B—United States Coral Reef Task
Force
SEC. 10011. ESTABLISHMENT.

There is established a task force to lead, coordinate, and
strengthen Federal Government actions to better preserve, conserve,
and restore coral reef ecosystems, to be known as the ‘‘United
States Coral Reef Task Force’’ (in this subtitle referred to as the
‘‘Task Force’’).

H. R. 7776—1558
SEC. 10012. DUTIES.

The duties of the Task Force shall be—
(1) to coordinate, in cooperation with covered States, covered Native entities, Federal reef managers, covered reef managers, coral reef research centers designated under section
212(b) of the Coral Reef Conservation Act of 2000 (as added
by this division), and other nongovernmental and academic
partners as appropriate, activities regarding the mapping, monitoring, research, conservation, mitigation, and restoration of
coral reefs and coral reef ecosystems;
(2) to monitor and advise regarding implementation of the
policy and Federal agency responsibilities set forth in—
(A) Executive Order 13089 (63 Fed. Reg. 32701;
relating to coral reef protection); and
(B) the National Coral Reef Resilience Strategy;
(3) to work in coordination with the other members of
the Task Force—
(A) to assess the United States role in international
trade and protection of coral species;
(B) to encourage implementation of appropriate strategies and actions to promote conservation and sustainable
use of coral reef resources worldwide; and
(C) to collaborate with international communities
successful in managing coral reefs;
(4) to provide technical assistance for the development and
implementation, as appropriate, of—
(A) the National Coral Reef Resilience Strategy; and
(B) coral reef action plans under section 205 of that
Act; and
(5) to produce a report each year, for submission to the
appropriate congressional committees and publication on the
public website of the Task Force, highlighting the status of
the coral reef resources of a covered State on a rotating basis,
including—
(A) a summary of recent coral reef management and
restoration activities undertaken in that State; and
(B) updated estimates of the direct and indirect economic activity supported by, and other benefits associated
with, those coral reef resources.
SEC. 10013. MEMBERSHIP.

(a) VOTING MEMBERSHIP.—The voting members of the Task
Force shall be—
(1) the Under Secretary of Commerce for Oceans and
Atmosphere and the Secretary of Interior, who shall be cochairpersons of the Task Force;
(2) such representatives from other Federal agencies as
the President, in consultation with the Under Secretary, determines appropriate; and
(3) the Governor, or a representative of the Governor, of
each covered State.
(b) NONVOTING MEMBERS.—The Task Force shall have the following nonvoting members:
(1) A member of the South Atlantic Fishery Management
Council who is designated by the Governor of Florida under
section 302(b)(1) of the Magnuson-Stevens Fishery Conservation
and Management Act (16 U.S.C. 1852(b)(1)).

H. R. 7776—1559
(2) A member of the Gulf of Mexico Fishery Management
Council who is designated by the Governor of Florida under
such section.
(3) A member of the Western Pacific Fishery Management
Council who is designated under such section and selected
as follows:
(A) For the period beginning on the date of the enactment of this Act and ending on December 31 of the calendar
year during which such date of enactment occurs, the
member shall be selected jointly by the Governors of
Hawaii, American Samoa, Guam, and the Commonwealth
of the Northern Mariana Islands.
(B) For each calendar year thereafter, the Governors
of Hawaii, American Samoa, Guam, and the Commonwealth of the Northern Mariana Islands shall, on a rotating
basis, take turns selecting the member.
(4) A member of the Caribbean Fishery Management
Council who is designated under such section and selected
as follows:
(A) For the period beginning on the date of the enactment of this Act and ending on December 31 of the calendar
year during which such date of enactment occurs, the
member shall be selected jointly by the Governors of Puerto
Rico and the United States Virgin Islands.
(B) For each calendar year thereafter, the Governors
of Puerto Rico and the United States Virgin Islands shall,
on an alternating basis, take turns selecting the member.
(5) A member appointed by the President of the Federated
States of Micronesia.
(6) A member appointed by the President of the Republic
of the Marshall Islands.
(7) A member appointed by the President of the Republic
of Palau.
SEC. 10014. RESPONSIBILITIES OF FEDERAL AGENCY MEMBERS.

(a) IN GENERAL.—A member of the Task Force described in
section 10013(a) shall—
(1) identify the actions of the agency that member represents that may affect coral reef ecosystems;
(2) use the programs and authorities of that agency to
protect and enhance the conditions of such ecosystems,
including through the promotion of basic and applied scientific
research;
(3) collaborate with the Task Force to appropriately reflect
budgetary needs for coral reef conservation and restoration
activities in all agency budget planning and justification documents and processes; and
(4) engage in any other coordinated efforts approved by
the Task Force.
(b) CO-CHAIRPERSONS.—In addition to their responsibilities
under subsection (a), the co-chairpersons of the Task Force shall
perform the administrative functions of the Task Force and facilitate
the coordination of the members of the Task Force described in
section 10013(a).
(c) BRIEFING.—Not less than 30 days before each meeting of
the Task Force, the program offices of the National Oceanic and
Atmospheric Administration responsible for implementing this title

H. R. 7776—1560
shall provide a briefing to the relevant congressional committees
on efforts and spending associated with such implementation.
SEC. 10015. WORKING GROUPS.

(a) IN GENERAL.—The co-chairpersons of the Task Force may
establish working groups as necessary to meet the goals and carry
out the duties of the Task Force.
(b) REQUESTS FROM MEMBERS.—The members of the Task Force
may request that the co-chairpersons establish a working group
under subsection (a).
(c) PARTICIPATION BY NONGOVERNMENTAL ORGANIZATIONS.—
The co-chairpersons may allow nongovernmental organizations as
appropriate, including academic institutions, conservation groups,
and commercial and recreational fishing associations, to participate
in a working group established under subsection (a).
(d) NONAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE
ACT.—The Federal Advisory Committee Act (5 U.S.C. App.) shall
not apply to working groups established under this section.
SEC. 10016. DEFINITIONS.

In this subtitle:
(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term
‘‘appropriate congressional committees’’ means—
(A) the Committee on Commerce, Science, and
Transportation of the Senate;
(B) the Committee on Environment and Public Works
of the Senate;
(C) the Committee on Energy and Natural Resources
of the Senate; and
(D) the Committee on Natural Resources of the House
of Representatives.
(2) CONSERVATION, CORAL, CORAL REEF, ETC.—The terms
‘‘conservation’’, ‘‘coral’’, ‘‘coral reef’’, ‘‘coral reef ecosystem’’, ‘‘covered reef manager’’, ‘‘covered State’’, ‘‘Federal reef manager’’,
‘‘National Coral Reef Resilience Strategy’’, ‘‘restoration’’, ‘‘resilience’’, and ‘‘State’’ have the meanings given those terms in
section 216 of the Coral Reef Conservation Act of 2000, as
added by this division.

Subtitle C—Department of the Interior
Coral Reef Authorities
SEC. 10021. CORAL REEF CONSERVATION AND RESTORATION ASSISTANCE.

(a) IN GENERAL.—The Secretary of the Interior may provide
scientific expertise and technical assistance, and subject to the
availability of appropriations, financial assistance for the conservation and restoration of coral reefs consistent with all applicable
laws governing resource management in Federal, State, and Tribal
waters, including—
(1) the National Coral Reef Resilience Strategy; and
(2) coral reef action plans in effect under section 205 of
the Coral Reef Conservation Act of 2000, as added by this
division, as applicable.
(b) CORAL REEF INITIATIVE.—The Secretary may establish a
Coral Reef Initiative Program—

H. R. 7776—1561
(1) to provide grant funding to support local management,
conservation, and protection of coral reef ecosystems in—
(A) coastal areas of covered States; and
(B) Freely Associated States;
(2) to enhance resource availability of National Park
Service and National Wildlife Refuge System management units
to implement coral reef conservation and restoration activities;
(3) to complement the other conservation and assistance
activities conducted under this Act or the Coral Reef Conservation Act of 2000, as amended by section 10001; and
(4) to provide other technical, scientific, and financial
assistance and conduct conservation and restoration activities
that advance the purposes of this title and the Coral Reef
Conservation Act of 2000, as amended by this division.
(c) CONSULTATION WITH THE DEPARTMENT OF COMMERCE.—
(1) CORAL REEF CONSERVATION AND RESTORATION ACTIVITIES.—The Secretary of the Interior may consult with the Secretary of Commerce regarding the conduct of any activities
to conserve and restore coral reefs and coral reef ecosystems
in waters managed under the jurisdiction of the Federal agencies specified in paragraphs (2) and (3) of section 203(c) of
the Coral Reef Conservation Act of 2000, as added by this
division.
(2) AWARD OF CORAL REEF MANAGEMENT FELLOWSHIP.—
The Secretary of the Interior shall consult with the Secretary
of Commerce to award the Susan L. Williams Coral Reef
Management Fellowship under subtitle D.
(d) COOPERATIVE AGREEMENTS.—Subject to the availability of
appropriations, the Secretary of the Interior may enter into cooperative agreements with covered reef managers to fund coral reef
conservation and restoration activities in waters managed under
the jurisdiction of such managers that—
(1) are consistent with the National Coral Reef Resilience
Strategy; and
(2) support and enhance the success of coral reef action
plans in effect under section 205 of the Coral Reef Conservation
Act of 2000, as added by this division.
(e) DEFINITIONS.—In this section:
(1) CONSERVATION, CORAL, CORAL REEF, ETC.—The terms
‘‘conservation’’, ‘‘coral reef’’, ‘‘covered reef manager’’, ‘‘covered
State’’, ‘‘National Coral Reef Resilience Strategy’’, ‘‘restoration’’,
and ‘‘State’’ have the meanings given those terms in section
216 of the Coral Reef Conservation Act of 2000, as added
by this division.
(2) TRIBE; TRIBAL.—The terms ‘‘Tribe’’ and ‘‘Tribal’’ refer
to Indian Tribes (as defined in section 102 of the Federally
Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5130)).

Subtitle D—Susan L. Williams National
Coral Reef Management Fellowship
SEC. 10031. SUSAN L. WILLIAMS NATIONAL CORAL REEF MANAGEMENT
FELLOWSHIP.

(a) DEFINITIONS.—In this section:
(1) ALASKA NATIVE CORPORATION.—The term ‘‘Alaska
Native Corporation’’ has the meaning given the term ‘‘Native

H. R. 7776—1562
Corporation’’ in section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602).
(2) FELLOW.—The term ‘‘fellow’’ means a National Coral
Reef Management Fellow.
(3) FELLOWSHIP.—The term ‘‘fellowship’’ means the
National Coral Reef Management Fellowship established in
subsection (c).
(4) COVERED NATIVE ENTITY.—The term ‘‘covered Native
entity’’ has the meaning given the term in section 216 of the
Coral Reef Conservation Act of 2000, as added by this division.
(5) COVERED STATE.—The term ‘‘covered State’’ has the
meaning given the term in section 216 of the Coral Reef Conservation Act of 2000, as added by this division.
(6) NATIVE ENTITY.—The term ‘‘Native entity’’ has the
meaning given the term in section 216 of the Coral Reef Conservation Act of 2000, as added by this division.
(7) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of Commerce.
(b) ESTABLISHMENT OF FELLOWSHIP PROGRAM.—
(1) IN GENERAL.—There is established a National Coral
Reef Management Fellowship Program.
(2) PURPOSES.—The purposes of the fellowship are—
(A) to encourage future leaders of the United States
to develop additional coral reef management capacity in
States and local communities with coral reefs;
(B) to provide management agencies of covered States
and covered Native entities with highly qualified candidates whose education and work experience meet the
specific needs of each covered State or covered Native
entity; and
(C) to provide fellows with professional experience in
management of coastal and coral reef resources.
(c) FELLOWSHIP AWARDS.—
(1) IN GENERAL.—The Secretary, in consultation with the
Secretary of the Interior, shall award a fellowship in accordance
with this subsection.
(2) TERM OF FELLOWSHIP.—A fellowship awarded under
this subsection shall be for a term of not more than 2 years.
(3) QUALIFICATIONS.—The Secretary, in consultation with
the Secretary of the Interior, shall award a fellowship to individuals who have demonstrated—
(A) an intent to pursue a career in marine services
and outstanding potential for such a career;
(B) leadership potential, actual leadership experience,
or both;
(C) possession of a college or graduate degree in
biological science, a college or graduate degree in resource
management with experience that correlates with aptitude
and interest for marine management, or both;
(D) proficient writing and speaking skills; and
(E) such other attributes as the Secretary, in consultation with the Secretary of the Interior, considers appropriate.
(d) MATCHING REQUIREMENT.—
(1) IN GENERAL.—Except as provided in paragraph (2), the
non-Federal share of the costs of a fellowship under this section
shall be 25 percent of such costs.

H. R. 7776—1563
(2) WAIVER OF MATCHING REQUIREMENT.—The Secretary
may waive the application of paragraph (1) to a fellowship
if the Secretary finds that such waiver is necessary to support
a project that the Secretary has identified as a high priority.

TITLE CI—BOLSTERING LONG-TERM
UNDERSTANDING AND EXPLORATION
OF THE GREAT LAKES, OCEANS, BAYS,
AND ESTUARIES
SEC. 10101. PURPOSE.

The purpose of this title is to promote and support—
(1) the monitoring, understanding, and exploration of the
Great Lakes, oceans, bays, estuaries, and coasts; and
(2) the collection, analysis, synthesis, and sharing of data
related to the Great Lakes, oceans, bays, estuaries, and coasts
to facilitate scientific research and operational decisionmaking.
SEC. 10102. DEFINITIONS.

In this title:
(1) ADMINISTRATION.—The term ‘‘Administration’’ means
the National Oceanic and Atmospheric Administration.
(2) ADMINISTRATOR.—The term ‘‘Administrator’’ means the
Under Secretary of Commerce for Oceans and Atmosphere in
the capacity as Administrator of the National Oceanic and
Atmospheric Administration.
(3) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ has the
meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).
SEC. 10103. WORKFORCE STUDY.

(a) IN GENERAL.—Section 303(a) of the America COMPETES
Reauthorization Act of 2010 (33 U.S.C. 893c(a)) is amended—
(1) by striking ‘‘Secretary of Commerce’’ and inserting
‘‘Under Secretary of Commerce for Oceans and Atmosphere’’;
(2) in paragraph (2), by inserting ‘‘, skillsets, or credentials’’
after ‘‘degrees’’;
(3) in paragraph (3), by inserting ‘‘or highly qualified technical professionals and tradespeople’’ after ‘‘atmospheric scientists’’;
(4) in paragraph (4), by inserting ‘‘, skillsets, or credentials’’
after ‘‘degrees’’;
(5) in paragraph (5)—
(A) by striking ‘‘scientist’’; and
(B) by striking ‘‘; and’’ and inserting ‘‘, observations,
and monitoring;’’
(6) in paragraph (6), by striking ‘‘into Federal’’ and all
that follows and inserting ‘‘, technical professionals, and
tradespeople into Federal career positions;’’
(7) by redesignating paragraphs (2) through (6) as paragraphs (3) through (7), respectively;
(8) by inserting after paragraph (1) the following:

H. R. 7776—1564
‘‘(2) whether there is a shortage in the number of individuals with technical or trade-based degrees, skillsets, or credentials suited to a career in oceanic and atmospheric data collection, processing, satellite production, or satellite operations;’’;
and
(9) by adding at the end the following:
‘‘(8) workforce diversity and actions the Federal Government can take to increase diversity in the scientific workforce;
and
‘‘(9) actions the Federal Government can take to shorten
the hiring backlog for such workforce.’’.
(b) COORDINATION.—Section 303(b) of such Act (33 U.S.C.
893c(b)) is amended by striking ‘‘Secretary of Commerce’’ and
inserting ‘‘Under Secretary of Commerce for Oceans and
Atmosphere’’.
(c) REPORT.—Section 303(c) of such Act (33 U.S.C. 893c(c))
is amended—
(1) by striking ‘‘the date of enactment of this Act’’ and
inserting ‘‘the date of the enactment of the James M. Inhofe
National Defense Authorization Act for Fiscal Year 2023’’;
(2) by striking ‘‘Secretary of Commerce’’ and inserting
‘‘Under Secretary of Commerce for Oceans and Atmosphere’’;
and
(3) by striking ‘‘to each committee’’ and all that follows
through ‘‘section 302 of this Act’’ and inserting ‘‘to the Committee on Commerce, Science, and Transportation of the Senate
and the Committee on Natural Resources and the Committee
on Science, Space, and Technology of the House of Representatives’’.
(d) PROGRAM AND PLAN.—Section 303(d) of such Act (33 U.S.C.
893c(d)) is amended—
(1) by striking ‘‘Administrator of the National Oceanic and
Atmospheric Administration’’ and inserting ‘‘Under Secretary
of Commerce for Oceans and Atmosphere’’; and
(2) by striking ‘‘academic partners’’ and all that follows
and inserting ‘‘academic partners.’’.
SEC.

10104.

ACCELERATING
INSTITUTES.

INNOVATION

AT

COOPERATIVE

(a) FOCUS ON EMERGING TECHNOLOGIES.—The Administrator
shall consider evaluating the goals of 1 or more Cooperative
Institutes of the Administration to include focusing on advancing
or applying emerging technologies, which may include—
(1) applied uses and development of real-time and other
advanced genetic technologies and applications, including such
technologies and applications that derive genetic material
directly from environmental samples without any obvious signs
of biological source material;
(2) deployment of, and improvements to the durability,
maintenance, and other lifecycle concerns of, advanced
unmanned vehicles, regional small research vessels, and other
research vessels that support and launch unmanned vehicles
and sensors; and
(3) supercomputing and big data management, including
data collected through model outputs, electronic monitoring,
and remote sensing.

H. R. 7776—1565
(b) COORDINATION WITH OTHER PROGRAMS.—The Cooperative
Institutes shall work with the Interagency Ocean Observation Committee, the regional associations of the Integrated Ocean Observing
System, and other ocean observing programs to coordinate technology needs and the transition of new technologies from research
to operations.
SEC. 10105. BLUE ECONOMY VALUATION.

(a) MEASUREMENT OF INDUSTRIES.—The Administrator, in consultation with the heads of other relevant Federal agencies and
subject to the availability of appropriations, shall establish a program to improve the collection, aggregation, and analysis of data
to measure the value and impact of industries related to the Great
Lakes, oceans, bays, estuaries, and coasts on the economy of the
United States, including military uses, living resources, marine
construction, marine transportation, offshore energy development
and siting including for renewable energy, offshore mineral production, ship and boat building, tourism, recreation, subsistence,
commercial, recreational, and charter fishing, seafood processing,
and other fishery-related businesses, aquaculture such as kelp and
shellfish, and other industries the Administrator determines appropriate.
(b) COLLABORATION.—In carrying out subsection (a), the
Administrator shall—
(1) work with the Director of the Bureau of Economic
Analysis and the heads of other relevant Federal agencies
to develop a Coastal and Ocean Economy Satellite Account
that includes national, Tribal, and State-level statistics to
measure the contribution of the Great Lakes, oceans, bays,
estuaries, and coasts to the overall economy of the United
States; and
(2) collaborate with national and international organizations and governments to promote consistency of methods,
measurements, and definitions to ensure comparability of
results between countries.
(c) REPORT.—Not later than 2 years after the date of the enactment of this section, and not less frequently than every 2 years
thereafter until the date that is 20 years after the date of the
enactment of this section, the Administrator, in consultation with
the heads of other relevant Federal agencies, shall publish a report
that—
(1) defines the Blue Economy in consultation with Indian
Tribes and with input from academia, the private sector, nongovernmental organizations, and other relevant experts;
(2) makes recommendations for updating North American
Industry Classification System reporting codes to reflect the
Blue Economy; and
(3) provides a comprehensive estimate of the value and
impact of the Blue Economy with respect to each State and
territory of the United States, including—
(A) the value and impact of—
(i) economic activities that are dependent upon
the resources of the Great Lakes, oceans, bays, estuaries, and coasts;
(ii) the population and demographic characteristics
of the population along the coasts;
(iii) port and shoreline infrastructure;

H. R. 7776—1566
(iv) the volume and value of cargo shipped by
sea or across the Great Lakes;
(v) data collected from the Great Lakes, oceans,
bays, estuaries, and coasts, including such data collected by businesses that purchase and commodify the
data, including weather prediction and seasonal agricultural forecasting; and
(vi) military uses; and
(B) to the extent possible, the qualified value and
impact of the natural capital of the Great Lakes, oceans,
bays, estuaries, and coasts with respect to tourism, recreation, natural resources, and cultural heritage, including
other indirect values.
(d) CENTRALIZED WEBSITE FOR RESILIENCY GRANTS.—
(1) IN GENERAL.—Not later than 180 days after the date
of the enactment of this section, the Administrator, in coordination with the heads of other relevant Federal agencies, shall
create and regularly update a public website to improve education, outreach, and public information regarding grants and
other public funding opportunities of the Administration related
to resiliency.
(2) CONTENTS OF WEBSITE.—The website created under
paragraph (1) shall include the following:
(A) Hyperlinks, descriptions, deadlines, and resources
to support applicants including technical assistance and
other information as the Administrator determines appropriate relating to resilience grants administered by—
(i) the Administration;
(ii) other relevant Federal agencies; or
(iii) foundations in coordination with the Administration.
(B) Information described in subparagraph (A) that
is specific to supporting Tribal Governments and Tribal
Colleges and Universities, and, with respect to each such
grant described in paragraph (1), the contact information
for an individual of the Administration who can assist
Tribal Governments and Tribal Colleges and Universities
in applying for such grants.
(C) Information described in subparagraph (A) that
is specific to supporting Historically Black Colleges and
Universities, and, with respect to each such grant described
in paragraph (1), the contact information for an individual
of the Administration who can assist Historically Black
Colleges and Universities in applying for such grants.
(3) OUTREACH.—The Administrator shall conduct outreach
activities to inform State, Tribal, and local governments of
resiliency, adaptation, and mitigation grants that are available
to such governments.
(4) DEFINITIONS.—In this section:
(A) HISTORICALLY BLACK COLLEGES AND UNIVERSITIES.—The term ‘‘Historically Black Colleges and Universities’’ has the meaning given the term ‘‘part B institution’’
in section 322 of the Higher Education Act of 1965 (20
U.S.C. 1061).
(B) TRIBAL COLLEGE OR UNIVERSITY.—The term ‘‘Tribal
College or University’’ has the meaning given the term

H. R. 7776—1567
in section 316 of the Higher Education Act of 1965 (20
U.S.C. 1059c).
SEC. 10106. NO ADDITIONAL FUNDS AUTHORIZED.

Funds to carry out this title may, as provided in advance
in appropriations Acts, only come from within amounts authorized
to be appropriated to the National Oceanic and Atmospheric
Administration.

TITLE CII—REGIONAL OCEAN
PARTNERSHIPS
SEC. 10201. FINDINGS; PURPOSES.

(a) FINDINGS.—Congress makes the following findings:
(1) The ocean and coastal waters and the Great Lakes
of the United States are foundational to the economy, security,
global competitiveness, and well-being of the United States
and continuously serve the people of the United States and
other countries as an important source of food, energy, economic
productivity, recreation, beauty, and enjoyment.
(2) Over many years, the resource productivity and water
quality of the ocean, coastal, and Great Lakes areas of the
United States have been diminished by pollution, increasing
population demands, economic development, and natural and
man-made hazard events, both acute and chronic.
(3) The ocean, coastal, and Great Lakes areas of the United
States are managed by State and Federal resource agencies
and Indian Tribes and regulated on an interstate and regional
scale by various overlapping Federal authorities, thereby creating a significant need for interstate coordination to enhance
regional priorities, including the ecological and economic health
of those areas.
(4) Indian Tribes have unique expertise and knowledge
important for the stewardship of the ocean and coastal waters
and the Great Lakes of the United States.
(b) PURPOSES.—The purposes of this title are as follows:
(1) To complement and expand cooperative voluntary efforts
intended to manage, conserve, and restore ocean, coastal, and
Great Lakes areas spanning across multiple State and Indian
Tribe jurisdictions.
(2) To expand Federal support for monitoring, data management, restoration, research, and conservation activities in
ocean, coastal, and Great Lakes areas.
(3) To commit the United States to a comprehensive
cooperative program to achieve improved water quality in, and
improvements in the productivity of living resources of, oceans,
coastal, and Great Lakes ecosystems.
(4) To authorize Regional Ocean Partnerships as intergovernmental coordinators for shared regional priorities among
States and Indian Tribes relating to the collaborative management of the large marine ecosystems, thereby reducing duplication of efforts and maximizing opportunities to leverage support
in the ocean and coastal regions.
(5) To empower States to take a lead role in managing
oceans, coastal, and Great Lakes areas.

H. R. 7776—1568
(6) To incorporate rights of Indian Tribes in the management of oceans, coasts, and Great Lakes resources and provide
resources to support Indian Tribe participation in and engagement with Regional Ocean Partnerships.
(7) To enable Regional Ocean Partnerships, or designated
fiscal management entities of such partnerships, to receive
Federal funding to conduct the scientific research, conservation,
and restoration activities, and priority coordination on shared
regional priorities necessary to achieve the purposes described
in paragraphs (1) through (6).
SEC. 10202. REGIONAL OCEAN PARTNERSHIPS.

(a) DEFINITIONS.—In this section:
(1) ADMINISTRATOR.—The term ‘‘Administrator’’ means the
Administrator of the National Oceanic and Atmospheric
Administration.
(2) COASTAL STATE.—The term ‘‘coastal State’’ has the
meaning given the term ‘‘Coastal state’’ in section 304 of the
Coastal Zone Management Act of 1972 (16 U.S.C. 1453).
(3) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ has the
meaning given that term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).
(4) REGIONAL OCEAN PARTNERSHIP.—The term ‘‘Regional
Ocean Partnership’’ means a Regional Ocean Partnership designated under subsection (b).
(b) REGIONAL OCEAN PARTNERSHIPS.—
(1) IN GENERAL.—A coastal State or Indian Tribe may
form a partnership with—
(A) a coastal State that shares a common ocean or
coastal area with the coastal State, without regard to
whether the coastal States are contiguous; and
(B) States—
(i) that share a common ocean, coastal area, or
watershed with the coastal State, without regard to
whether the coastal States are contiguous; or
(ii) that would contribute to the priorities of the
partnership; and
(C) Indian Tribes.
(2) REQUIREMENTS.—A partnership formed under paragraph (1) may apply for designation as a Regional Ocean Partnership in such time and manner as determined appropriate
by the Secretary if the partnership—
(A) is established to coordinate the management of
ocean, coastal, and Great Lakes resources among the members of the partnership;
(B) focuses on the environmental issues affecting the
ocean, coastal, and Great Lakes areas of the members
participating in the partnership;
(C) complements existing coastal and ocean management efforts of States and Indian Tribes on an interstate
scale, focusing on shared regional priorities;
(D) does not have a regulatory function; and
(E) is not duplicative of an existing Regional Ocean
Partnership designated under paragraph (3), as determined
by the Secretary.

H. R. 7776—1569
(3) DESIGNATION OF CERTAIN ENTITIES AS REGIONAL OCEAN
PARTNERSHIPS.—The following entities are designated as
Regional Ocean Partnerships:
(A) The Gulf of Mexico Alliance, comprised of the States
of Alabama, Florida, Louisiana, Mississippi, and Texas.
(B) The Northeast Regional Ocean Council, comprised
of the States of Maine, Vermont, New Hampshire,
Massachusetts, Connecticut, and Rhode Island.
(C) The Mid-Atlantic Regional Council on the Ocean,
comprised of the States of New York, New Jersey, Delaware, Maryland, and Virginia.
(D) The West Coast Ocean Alliance, comprised of the
States of California, Oregon, and Washington and the
coastal Indian Tribes therein.
(4) GREAT LAKES.—A partnership established under this
section for the purposes described in subsection (d) with respect
to a Great Lake may be known as a ‘‘Regional Coastal Partnership’’ or a ‘‘Regional Great Lakes Partnership’’.
(c) GOVERNING BODIES OF REGIONAL OCEAN PARTNERSHIPS.—
A Regional Ocean Partnership shall have a governing body that—
(1) shall be comprised, at a minimum, of voting members
from each coastal state participating in the Regional Ocean
Partnership, designated by the Governor of the coastal state;
and
(2) may include such other members as the partnership
considers appropriate.
(d) FUNCTIONS.—A Regional Ocean Partnership may perform
the following functions:
(1) Promote coordination of the actions of the agencies
of governments participating in the partnership with the actions
of the appropriate officials of Federal agencies, State governments, and Indian Tribes in developing strategies—
(A) to conserve living resources, increase valuable habitats, enhance coastal resilience and ocean management,
promote ecological and economic health, and address such
other issues related to the shared ocean, coastal, or Great
Lakes areas as are determined to be a shared, regional
priority by those states; and
(B) to manage regional data portals and develop associated data products for purposes that support the priorities
of the partnership.
(2) In cooperation with appropriate Federal and State agencies, Indian Tribes, and local authorities, develop and implement specific action plans to carry out coordination goals.
(3) Coordinate and implement priority plans and projects,
and facilitate science, research, modeling, monitoring, data
collection, and other activities that support the goals of the
partnership through the provision of grants and contracts under
subsection (f).
(4) Engage, coordinate, and collaborate with relevant
governmental entities and stakeholders to address ocean and
coastal related matters that require interagency or intergovernmental solutions.
(5) Implement outreach programs for public information,
education, and participation to foster stewardship of the
resources of the ocean, coastal, and Great Lakes areas, as
relevant.

H. R. 7776—1570
(6) Develop and make available, through publications, technical assistance, and other appropriate means, information pertaining to cross-jurisdictional issues being addressed through
the coordinated activities of the partnership.
(7) Serve as a liaison with, and provide information to,
international counterparts, as appropriate on priority issues
for the partnership.
(e) COORDINATION, CONSULTATION, AND ENGAGEMENT.—
(1) IN GENERAL.—A Regional Ocean Partnership shall maintain mechanisms for coordination, consultation, and engagement with the following:
(A) The Federal Government.
(B) Indian Tribes.
(C) Nongovernmental entities, including academic
organizations, nonprofit organizations, and private sector
entities.
(D) Other federally mandated regional entities,
including the Regional Fishery Management Councils, the
regional associations of the National Integrated Coastal
and Ocean Observation System, and relevant Marine Fisheries Commissions.
(2) RULE OF CONSTRUCTION.—Nothing in paragraph (1)(B)
may be construed as affecting any requirement to consult with
Indian Tribes under Executive Order 13175 (25 U.S.C. 5301
note; relating to consultation and coordination with Indian
Tribal Governments) or any other applicable law or policy.
(f) GRANTS AND CONTRACTS.—
(1) IN GENERAL.—A Regional Ocean Partnership may, in
coordination with existing Federal, State, and Tribal management programs, from amounts made available to the partnership by the Administrator or the head of another Federal
agency, subject to appropriations for such purpose, provide
grants and enter into contracts for the purposes described in
paragraph (2).
(2) PURPOSES.—The purposes described in this paragraph
include any of the following:
(A) Monitoring the water quality and living resources
of multistate ocean and coastal ecosystems and coastal
communities.
(B) Researching and addressing the effects of natural
and human-induced environmental changes on—
(i) ocean and coastal ecosystems; and
(ii) coastal communities.
(C) Developing and executing cooperative strategies
that—
(i) address regional data issues identified by the
partnership; and
(ii) will result in more effective management of
common ocean and coastal areas.
(g) REPORT REQUIRED.—
(1) IN GENERAL.—Not later than 5 years after the date
of the enactment of this Act, the Administrator, in coordination
with the Regional Ocean Partnerships, shall submit to Congress
a report on the partnerships.
(2) REPORT REQUIREMENTS.—The report required by paragraph (1) shall include the following:

H. R. 7776—1571
(A) An assessment of the overall status of the work
of the Regional Ocean Partnerships.
(B) An assessment of the effectiveness of the partnerships in supporting regional priorities relating to the
management of common ocean, coastal, and Great Lakes
areas.
(C) An assessment of the effectiveness of the strategies
that the partnerships are supporting or implementing and
the extent to which the priority needs of the regions covered
by the partnerships are being met through such strategies.
(D) An assessment of how the efforts of the partnerships support or enhance Federal and State efforts consistent with the purposes of this title.
(E) Such recommendations as the Administrator may
have for improving—
(i) efforts of the partnerships to support the purposes of this title; and
(ii) collective strategies that support the purposes
of this title in coordination with all relevant Federal
and State entities and Indian Tribes.
(F) The distribution of funds from each partnership
for each fiscal year covered by the report.
(h) AVAILABILITY OF FEDERAL FUNDS.—In addition to amounts
made available to the Regional Ocean Partnerships by the Administrator under this section, the head of any other Federal agency
may provide grants to, enter into contracts with, or otherwise
provide funding to such partnerships, subject to availability of
appropriations for such purposes.
(i) AUTHORITIES.—Nothing in this section establishes any new
legal or regulatory authority of the National Oceanic and
Atmospheric Administration or of the Regional Ocean Partnerships,
other than—
(1) the authority of the Administrator to provide amounts
to the partnerships; and
(2) the authority of the partnerships to provide grants
and enter into contracts under subsection (f).
(j) AUTHORIZATIONS.—
(1) REGIONAL OCEAN PARTNERSHIPS.—There are authorized
to be appropriated to the Administrator the following amounts
to be made available to the Regional Ocean Partnerships or
designated fiscal management entities of such partnerships
to carry out activities of such partnerships under this title:
(A) $10,100,000 for fiscal year 2023.
(B) $10,202,000 for fiscal year 2024.
(C) $10,306,040 for fiscal year 2025.
(D) $10,412,160 for fiscal year 2026.
(E) $10,520,404 for fiscal year 2027.
(2) DISTRIBUTION OF AMOUNTS.—Amounts made available
under this subsection shall be divided evenly among the
Regional Ocean Partnerships.
(3) TRIBAL GOVERNMENT PARTICIPATION.—There is authorized to be appropriated to the Administrator $1,000,000 for
each of fiscal years 2023 through 2027 to be distributed to
Indian Tribes for purposes of participation in or engagement
with the Regional Ocean Partnerships.

H. R. 7776—1572

TITLE CIII—NATIONAL OCEAN
EXPLORATION
SEC. 10301. FINDINGS.

Congress makes the following findings:
(1) The health and resilience of the ocean are vital to
the security and economy of the United States and to the
lives of the people of the United States.
(2) The United States depends on the ocean to regulate
weather and climate, to sustain and protect the diversity of
life, for maritime shipping, for national defense, and for food,
energy, medicine, recreation, and other services essential to
the people of the United States and all humankind.
(3) The prosperity, security, and well-being of the United
States depend on successful understanding and stewardship
of the ocean.
(4) Interdisciplinary cooperation and engagement among
government agencies, research institutions, nongovernmental
organizations, States, Indian Tribes, and the private sector
are essential for successful stewardship of ocean and coastal
environments, national economic growth, national security, and
development of agile strategies that develop, promote, and use
new technologies.
(5) Ocean exploration can help the people of the United
States understand how to be effective stewards of the ocean
and serve as catalysts and enablers for other sectors of the
economy.
(6) Mapping, exploration, and characterization of the ocean
provides basic, essential information to protect and restore
the marine environment, stimulate economic activity, and provide security for the United States.
(7) A robust national ocean exploration program engaging
multiple Federal agencies, Indian Tribes, the private sector,
nongovernmental organizations, and academia is—
(A) essential to the interests of the United States and
vital to its security and economy and the health and wellbeing of all people of the United States; and
(B) critical to reestablish the United States at the
forefront of global ocean exploration and stewardship.
SEC. 10302. DEFINITIONS.

In this title:
(1) CHARACTERIZATION.—The term ‘‘characterization’’
means activities that provide comprehensive data and
interpretations for a specific area of interest of the sea floor,
sub-bottom, water column, or hydrologic features, including
water masses and currents, in direct support of specific
research, environmental protection, resource management,
policymaking, or applied mission objectives.
(2) EXPLORATION.—The term ‘‘exploration’’ means activities
that provide—
(A) a multidisciplinary view of an unknown or poorly
understood area of the seafloor, sub-bottom, or water
column; and

H. R. 7776—1573
(B) an initial assessment of the physical, chemical,
geological, biological, archeological, or other characteristics
of such an area.
(3) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ has the
meaning given that term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).
(4) MAPPING.—The term ‘‘mapping’’ means activities that
provide comprehensive data and information needed to understand seafloor characteristics, such as depth, topography, bottom type, sediment composition and distribution, underlying
geologic structure, and benthic flora and fauna.
SEC. 10303. OCEAN POLICY COMMITTEE.

(a) SUBCOMMITTEES.—Section 8932(c) of title 10, United States
Code, is amended to read as follows:
‘‘(c) SUBCOMMITTEES.—(1) The Committee shall include—
‘‘(A) a subcommittee to be known as the ‘Ocean Science
and Technology Subcommittee’; and
‘‘(B) a subcommittee to be known as the ‘Ocean Resource
Management Subcommittee’.
‘‘(2) In discharging its responsibilities in support of agreedupon scientific needs, and to assist in the execution of the responsibilities described in subsection (b), the Committee may delegate
responsibilities to the Ocean Science and Technology Subcommittee,
the Ocean Resource Management Subcommittee, or another subcommittee of the Committee, as the Committee determines appropriate.’’.
(b) INCREASED ACCESS TO GEOSPATIAL DATA FOR MORE EFFICIENT AND INFORMED DECISIONMAKING.—
(1) ESTABLISHMENT OF DOCUMENT SYSTEM.—Section 8932(b)
of title 10, United States Code, is amended—
(A) in paragraph (3), by striking ‘‘and’’ at the end;
(B) in paragraph (4)(F), by striking the period at the
end and inserting ‘‘; and’’; and
(C) by adding at the end the following new paragraph:
‘‘(5) for projects under the purview of the Committee, establish or designate one or more systems for ocean-related and
ocean-mapping-related documents prepared under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.),
in accordance with subsection (h).’’.
(2) ELEMENTS.—Section 8932 of such title is amended—
(A) by redesignating subsection (h) as subsection (i);
and
(B) by inserting after subsection (g) the following new
subsection (h):
‘‘(h) ELEMENTS OF DOCUMENT SYSTEM.—The systems established or designated under subsection (b)(5) may include the following:
‘‘(1) A publicly accessible, centralized digital archive of
documents described in subsection (b)(5) that are finalized after
the date of the enactment of the James M. Inhofe National
Defense Authorization Act for Fiscal Year 2023, including—
‘‘(A) environmental impact statements;
‘‘(B) environmental assessments;
‘‘(C) records of decision; and
‘‘(D) other relevant documents as determined by the
lead agency on a project.

H. R. 7776—1574
‘‘(2) Geospatially referenced data, if any, contained in the
documents under paragraph (1).
‘‘(3) A mechanism to retrieve information through geoinformation tools that can map and integrate relevant
geospatial information, such as—
‘‘(A) Ocean Report Tools;
‘‘(B) the Environmental Studies Program Information
System;
‘‘(C) Regional Ocean Partnerships; and
‘‘(D) the Integrated Ocean Observing System.
‘‘(4) Appropriate safeguards on the public accessibility of
data to protect national security equities.’’.
SEC.

10304.

NATIONAL OCEAN MAPPING,
CHARACTERIZATION COUNCIL.

EXPLORATION,

AND

(a) ESTABLISHMENT.—The President shall establish a council,
to be known as the ‘‘National Ocean Mapping, Exploration, and
Characterization Council’’ (in this section referred to as the
‘‘Council’’).
(b) PURPOSE.—The Council shall—
(1) update national priorities for ocean mapping, exploration, and characterization; and
(2) coordinate and facilitate activities to advance those
priorities.
(c) REPORTING.—The Council shall report to the Ocean Science
and Technology Subcommittee of the Ocean Policy Committee established under section 8932(c) of title 10, United States Code.
(d) MEMBERSHIP.—The Council shall be composed of seniorlevel representatives from the appropriate Federal agencies.
(e) CO-CHAIRS.—The Council shall be co-chaired by—
(1) two senior-level representatives from the National Oceanic and Atmospheric Administration; and
(2) one senior-level representative from the Department
of the Interior.
(f) DUTIES.—The Council shall—
(1) set national ocean mapping, exploration, and characterization priorities and strategies;
(2) cultivate and facilitate transparent and sustained partnerships among Federal and State agencies, Indian Tribes,
private industry, academia, and nongovernmental organizations
to conduct ocean mapping, exploration, and characterization
activities and related technology development;
(3) coordinate improved processes for data compilation,
management, access, synthesis, and visualization with respect
to ocean mapping, exploration, and characterization, with a
focus on building on existing ocean data management systems
and with appropriate safeguards on the public accessibility
of data to protect national security equities, as appropriate;
(4) encourage education, workforce training, and public
engagement activities that—
(A) advance interdisciplinary principles that contribute
to ocean mapping, exploration, research, and characterization;
(B) improve public engagement with and understanding of ocean science; and
(C) provide opportunities for underserved populations;

H. R. 7776—1575
(5) coordinate activities as appropriate with domestic and
international ocean mapping, exploration, and characterization
initiatives or programs; and
(6) establish and monitor metrics to track progress in
achieving the priorities set under paragraph (1).
(g) INTERAGENCY WORKING GROUP ON OCEAN EXPLORATION AND
CHARACTERIZATION.—
(1) ESTABLISHMENT.—The President shall establish a new
interagency working group to be known as the ‘‘Interagency
Working Group on Ocean Exploration and Characterization’’.
(2) MEMBERSHIP.—The Interagency Working Group on
Ocean Exploration and Characterization shall be comprised
of senior representatives from Federal agencies with ocean
exploration and characterization responsibilities.
(3) FUNCTIONS.—The Interagency Working Group on Ocean
Exploration and Characterization shall support the Council
and the Ocean Science and Technology Subcommittee of the
Ocean Policy Committee established under section 8932(c) of
title 10, United States Code, on ocean exploration and
characterization activities and associated technology development across the Federal Government, State governments,
Indian Tribes, private industry, nongovernmental organizations, and academia.
(h) OVERSIGHT.—The Council shall oversee—
(1) the Interagency Working Group on Ocean Exploration
and Characterization established under subsection (g)(1); and
(2) the Interagency Working Group on Ocean and Coastal
Mapping under section 12203 of the Ocean and Coastal Mapping Integration Act (33 U.S.C. 3502).
(i) PLAN.—
(1) IN GENERAL.—Not later than 1 year after the date
of the enactment of this Act, the Council shall develop or
update and submit to the appropriate committees of Congress
a plan for an integrated cross-sectoral ocean mapping, exploration, and characterization initiative.
(2) ELEMENTS.—The plan required by paragraph (1) shall—
(A) discuss the utility and benefits of ocean exploration
and characterization;
(B) identify and describe national ocean mapping,
exploration, and characterization priorities;
(C) identify and describe Federal and federally funded
ocean mapping, exploration, and characterization programs;
(D) facilitate and incorporate non-Federal input into
national ocean mapping, exploration, and characterization
priorities;
(E) ensure effective coordination of ocean mapping,
exploration, and characterization activities among programs described in subparagraph (C);
(F) identify opportunities for combining overlapping
or complementary needs, activities, and resources of Federal agencies and non-Federal organizations relating to
ocean mapping, exploration, and characterization while not
reducing benefits from existing mapping, explorations, and
characterization activities;
(G) promote new and existing partnerships among Federal and State agencies, Indian Tribes, private industry,

H. R. 7776—1576
academia, and nongovernmental organizations to conduct
or support ocean mapping, exploration, and characterization activities and technology development needs, including
through coordination under section 3 of the Commercial
Engagement Through Ocean Technology Act of 2018 (33
U.S.C. 4102) and the National Oceanographic Partnership
Program under section 8931 of title 10, United States Code;
(H) develop a transparent and sustained mechanism
for non-Federal partnerships and stakeholder engagement
in strategic planning and mission execution to be implemented not later than December 31, 2023, for coordinating
such activities with—
(i) institutions of higher education (as such term
is defined in section 101(a) of the Higher Education
Act of 1965 (20 U.S.C. 1001(a)), the private sector,
philanthropic organizations, and nonprofits; and
(ii) international partners for activities relating
to maritime areas (including the sea floor) beyond the
jurisdiction of the Federal Government;
(I) establish standardized collection and data management protocols, including with respect to metadata, for
ocean mapping, exploration, and characterization which—
(i) are publicly accessible and locatable via appropriate Federal repositories;
(ii) can facilitate the integration of ocean data
into products and use innovations from non-Federal
partners; and
(iii) have appropriate safeguards on the public
accessibility of data to protect national security;
(J) encourage the development, testing, demonstration,
and adoption of innovative ocean mapping, exploration,
and characterization technologies and applications;
(K) promote protocols for accepting data, equipment,
approaches, or other resources that support national ocean
mapping, exploration, and characterization priorities;
(L) identify best practices for the protection of marine
life during mapping, exploration, and characterization
activities;
(M) identify training, technology, and other resource
requirements for enabling the National Oceanic and
Atmospheric Administration and other appropriate Federal
agencies to support a coordinated national ocean mapping,
exploration, and characterization effort;
(N) identify and facilitate a centralized mechanism
or office for coordinating data collection, compilation, processing, archiving, and dissemination activities relating to
ocean mapping, exploration, and characterization that
meets Federal mandates for data accuracy and accessibility;
(O) designate repositories responsible for archiving and
managing ocean mapping, exploration, and characterization
data;
(P) set forth a timetable and estimated costs for
implementation and completion of the plan;
(Q) to the extent practicable, align ocean exploration
and characterization efforts with existing programs and
identify key gaps; and

H. R. 7776—1577
(R) identify criteria for determining the optimal frequency of observations; and
(S) provide recommendations, developed in coordination with the private sector, to improve incentives, access,
and processes for the private sector to share ocean-related
data with the public and Federal Government.
(j) BRIEFINGS.—Not later than 1 year after the date of the
enactment of this Act, and not less frequently than once every
2 years thereafter, the Council shall brief the appropriate committees of Congress on—
(1) progress made toward meeting the national priorities
described in subsection (i)(2)(B); and
(2) recommendations for meeting such priorities, such as
additional authorities that may be needed to develop a mechanism for non-Federal partnerships and stakeholder engagement
described in subsection (i)(2)(H).
(k) APPROPRIATE COMMITTEES OF CONGRESS DEFINED.—In this
section, the term ‘‘appropriate committees of Congress’’ means—
(1) the Committee on Commerce, Science, and Transportation and the Committee on Armed Services of the Senate;
and
(2) the Committee on Natural Resources, the Committee
on Science, Space, and Technology, and the Committee on
Armed Services of the House of Representatives.
SEC. 10305. MODIFICATIONS TO THE OCEAN EXPLORATION PROGRAM
OF THE NATIONAL OCEANIC AND ATMOSPHERIC
ADMINISTRATION.

(a) PURPOSE.—Section 12001 of the Omnibus Public Land
Management Act of 2009 (33 U.S.C. 3401) is amended by striking
‘‘and the national undersea research program’’.
(b) PROGRAM ESTABLISHED.—Section 12002 of such Act (33
U.S.C. 3402) is amended—
(1) in the first sentence, by striking ‘‘and undersea’’; and
(2) in the second sentence, by striking ‘‘and undersea
research and exploration’’ and inserting ‘‘research and ocean
exploration and characterization efforts’’.
(c) POWERS AND DUTIES OF THE ADMINISTRATOR.—
(1) IN GENERAL.—Section 12003(a) of such Act (33 U.S.C.
3403(a)) is amended—
(A) in the matter preceding paragraph (1), by inserting
‘‘, in consultation with the Ocean Policy Committee established under section 8932 of title 10, United States Code,’’
after ‘‘Administration’’;
(B) in paragraph (1)—
(i) by striking ‘‘voyages’’ and inserting ‘‘expeditions’’;
(ii) by striking ‘‘Federal agencies’’ and all that
follows through ‘‘and survey’’ and inserting ‘‘Federal
and State agencies, Tribal Governments, private
industry, academia (including secondary schools,
community colleges, and universities), and nongovernmental organizations, to map, explore, and characterize’’; and
(iii) by inserting ‘‘characterize,’’ after ‘‘observe,’’;
(C) in paragraph (2), by inserting ‘‘of the exclusive
economic zone’’ after ‘‘deep ocean regions’’;

H. R. 7776—1578
(D) in paragraph (3), by striking ‘‘voyages’’ and
inserting ‘‘expeditions’’;
(E) in paragraph (4), by striking ‘‘, in consultation
with the National Science Foundation,’’;
(F) by amending paragraph (5) to read as follows:
‘‘(5) support technological innovation of the United States
marine science community by promoting the development and
use of new and emerging technologies for research, communication, navigation, and data collection, such as sensors and autonomous vehicles;’’;
(G) in paragraph (6), by inserting ‘‘, in consultation
with the National Ocean Mapping, Exploration, and
Characterization Council established under section 5405
of the James M. Inhofe National Defense Authorization
Act for Fiscal Year 2023,’’ after ‘‘forum’’;
(H) by adding at the end the following:
‘‘(7) provide guidance, in consultation with the National
Ocean Mapping, Exploration, and Characterization Council, to
Federal and State agencies, Tribal Governments, private
industry, academia (including secondary schools, community
colleges, and universities), and nongovernmental organizations
on data standards, protocols for accepting data, and coordination of data collection, compilation, processing, archiving, and
dissemination for data relating to ocean exploration and
characterization; and
‘‘(8) coordinate with applicable ocean mapping, ocean monitoring, and ocean observation programs to maximize coordination and collaboration opportunities, prevent duplication of such
activities and identify gaps in data.’’.
(2) DONATIONS.—Section 12003(b) of such Act (33 U.S.C.
3403(b)) is amended to read as follows:
‘‘(b) DONATIONS.—For the purpose of mapping, exploring, and
characterizing the oceans or increasing the knowledge of the oceans,
the Administrator may—
‘‘(1) accept monetary donations, which shall be credited
as discretionary offsetting collections to the currently applicable
appropriation, account, or fund of the National Oceanic and
Atmospheric Administration and shall be made available for
such purposes only to the extent and in the amounts provided
in advance in appropriations Acts;
‘‘(2) accept donations of property, data, and equipment;
and
‘‘(3) pay all necessary expenses in connection with the
conveyance or transfer of a gift, devise, or bequest.’’.
(3) DEFINITION OF EXCLUSIVE ECONOMIC ZONE.—Section
12003 of such Act (33 U.S.C. 3403) is amended by adding
at the end the following:
‘‘(c) DEFINITION OF EXCLUSIVE ECONOMIC ZONE.—In this section, the term ‘exclusive economic zone’ means the zone established
by Presidential Proclamation Number 5030, dated March 10, 1983
(16 U.S.C. 1453 note).’’.
(d) REPEAL OF OCEAN EXPLORATION AND UNDERSEA RESEARCH
TECHNOLOGY AND INFRASTRUCTURE TASK FORCE.—Section 12004
of such Act (33 U.S.C. 3404) is repealed.
(e) EDUCATION, WORKFORCE TRAINING, AND OUTREACH.—
(1) IN GENERAL.—Such Act is further amended by inserting
after section 12003 the following new section 12004:

H. R. 7776—1579
‘‘SEC. 12004. EDUCATION, WORKFORCE TRAINING, AND OUTREACH.

‘‘(a) IN GENERAL.—The Administrator of the National Oceanic
and Atmospheric Administration shall—
‘‘(1) conduct education and outreach efforts in order to
broadly disseminate information to the public on the discoveries
made by the program under section 12002;
‘‘(2) to the extent possible, coordinate the efforts described
in paragraph (1) with the outreach strategies of other domestic
or international ocean mapping, exploration, and characterization initiatives; and
‘‘(3) establish a fellowship program at the National Oceanic
and Atmospheric Administration to provide year-long fellowships to undergraduate students from institutions described
in section 371(a) of the Higher Education Act of 1965.
‘‘(b) EDUCATION AND OUTREACH EFFORTS.—Efforts described
in subsection (a)(1) may include—
‘‘(1) education of the general public, teachers, students,
and ocean and coastal resource managers; and
‘‘(2) workforce training, reskilling, and opportunities to
encourage development of ocean-related science, technology,
engineering, and mathematics technical training programs
involving secondary schools, community colleges, and universities, including institutions described in section 371(a) of the
Higher Education Act of 1965.
‘‘(c) OUTREACH STRATEGY.—Not later than 180 days after the
date of the enactment of the National Ocean Exploration Act, the
Administrator of the National Oceanic and Atmospheric Administration shall develop an outreach strategy to broadly disseminate
information on the discoveries made by the program under section
12002.’’.
(2) CLERICAL AMENDMENT.—The table of contents in section
1(b) of the Omnibus Public Land Management Act of 2009
(Public Law 111–11; 123 Stat. 991) is amended by striking
the item relating to section 12004 and inserting the following:
‘‘Sec. 12004. Education, workforce training, and outreach.’’.

(f) OCEAN EXPLORATION ADVISORY BOARD.—
(1) ESTABLISHMENT.—Section 12005(a) of such Act (33
U.S.C. 3505(a)) is amended—
(A) by inserting ‘‘, including representatives from academic, commercial, nonprofit, philanthropic, policy, and
Tribal entities’’ after ‘‘relevant fields’’;
(B) by amending paragraph (1) to read as follows:
‘‘(1) to advise the Administrator on priority areas for
survey, discovery, and opportunities for extramural collaboration and partnerships;’’;
(C) by redesignating paragraph (4) as paragraph (6);
and
(D) by inserting after paragraph (3) the following:
‘‘(4) to identify market barriers to development or commercialization of novel ocean mapping, exploration, and characterization products, processes, and tools;
‘‘(5) to identify best practices to improve data management,
processing, storage, and archiving standards; and’’.
(2) TECHNICAL AMENDMENT.—Section 12005(c) of such Act
(33 U.S.C. 3505(c)) is amended by inserting ‘‘this’’ before ‘‘part’’.

H. R. 7776—1580
(g) AUTHORIZATION OF APPROPRIATIONS.—Section 12006 of such
Act (33 U.S.C. 3406) is amended by striking ‘‘this part’’ and all
that follows and inserting ‘‘this part $60,000,000 for each of fiscal
years 2023 through 2028’’.
(h) DEFINITIONS.—Such Act is further amended by inserting
after section 12006 the following:
‘‘SEC. 12007. DEFINITIONS.

‘‘In this part:
‘‘(1) CHARACTERIZATION.—The terms ‘characterization’,
‘characterize’, and ‘characterizing’ mean activities that provide
comprehensive data and interpretations for a specific area of
interest of the sea floor, sub-bottom, water column, or hydrologic
features, such as water masses and currents, in direct support
of specific research, environmental protection, resource management, policymaking, or applied mission objectives.
‘‘(2) EXPLORATION.—The term ‘exploration’, ‘explore’, and
‘exploring’ means activities that provide—
‘‘(A) a multidisciplinary view of an unknown or poorly
understood area of the sea floor, sub-bottom, or water
column; and
‘‘(B) an initial assessment of the physical, chemical,
geological, biological, archaeological, or other characteristics of such an area.
‘‘(3) MAPPING.—The terms ‘map’ and ‘mapping’ mean activities that provide comprehensive data and information needed
to understand sea floor characteristics, including depth, topography, bottom type, sediment composition and distribution,
underlying geologic structure, and benthic flora and fauna.’’.
(i) CLERICAL AMENDMENT.—The table of contents in section
1(b) of the Omnibus Public Land Management Act of 2009 (Public
Law 111–11; 123 Stat. 991) is amended by inserting after the
item relating to section 12006 the following:
‘‘Sec. 12007. Definitions.’’.
SEC. 10306. REPEAL.

(a) IN GENERAL.—The NOAA Undersea Research Program Act
of 2009 (part II of subtitle A of title XII of Public Law 111–
11; 33 U.S.C. 3421 et seq.) is repealed.
(b) CLERICAL AMENDMENT.—The table of contents in section
1(b) of the Omnibus Public Land Management Act of 2009 (Public
Law 111–11; 123 Stat. 991) is amended by striking the items
relating to part II of subtitle A of title XII of such Act.
SEC. 10307. MODIFICATIONS TO OCEAN AND COASTAL MAPPING PROGRAM OF THE NATIONAL OCEANIC AND ATMOSPHERIC
ADMINISTRATION.

(a) ESTABLISHMENT OF PROGRAM.—
(1) IN GENERAL.—Section 12202(a) of the Ocean and Coastal
Mapping Integration Act (33 U.S.C. 3501(a)) is amended—
(A) by striking ‘‘establish a program to develop a coordinated and’’ and inserting ‘‘establish and maintain a program to coordinate’’;
(B) by striking ‘‘plan’’ and inserting ‘‘efforts’’; and
(C) by striking ‘‘that enhances’’ and all that follows
and inserting ‘‘that—

H. R. 7776—1581
‘‘(1) enhances ecosystem approaches in decisionmaking for
natural resource and habitat management restoration and conservation, emergency response, and coastal resilience and
adaptation;
‘‘(2) establishes research and mapping priorities;
‘‘(3) supports the siting of research and other platforms;
and
‘‘(4) advances ocean and coastal science.’’.
(2) MEMBERSHIP.—Section 12202 of such Act (33 U.S.C.
3501) is amended by striking subsection (b) and redesignating
subsection (c) as subsection (b).
(3) PROGRAM PARAMETERS.—Subsection (b) of section 12202
of such Act (33 U.S.C. 3501), as redesignated by paragraph
(2), is amended—
(A) in the matter preceding paragraph (1), by striking
‘‘developing’’ and inserting ‘‘maintaining’’;
(B) in paragraph (2), by inserting ‘‘and for leveraging
existing Federal geospatial services capacities and contract
vehicles for efficiencies’’ after ‘‘coastal mapping’’;
(C) in paragraph (7), by striking ‘‘with coastal state
and local government programs’’ and inserting ‘‘with mapping programs, in conjunction with Federal and State agencies, Tribal governments, private industry, academia, and
nongovernmental organizations’’;
(D) in paragraph (8), by striking ‘‘of real-time tide
data and the development’’ and inserting ‘‘of tide data
and water-level data and the development and dissemination’’;
(E) in paragraph (9), by striking ‘‘; and’’ and inserting
a semicolon;
(F) in paragraph (10), by striking the period at the
end and inserting ‘‘; and’’; and
(G) by adding at the end the following:
‘‘(11) support—
‘‘(A) the Ocean Science and Technology Subcommittee
of the Ocean Policy Committee established under section
8932(c) of title 10, United States Code; and
‘‘(B) the National Ocean Mapping, Exploration, and
Characterization Council established under section 5405
of the National Ocean Exploration Act.’’.
(b) INTERAGENCY WORKING GROUP ON OCEAN AND COASTAL
MAPPING.—
(1) NAME CHANGE.—The Ocean and Coastal Mapping
Integration Act (33 U.S.C. 3501 et seq.) is amended—
(A) in section 12202 (33 U.S.C. 3501)—
(i) in subsection (a), by striking ‘‘Interagency Committee on Ocean and Coastal Mapping’’ and inserting
‘‘Interagency Working Group on Ocean and Coastal
Mapping under section 12203’’; and
(ii) in subsection (b), as redesignated by subsection
(a)(2), by striking ‘‘Committee’’ and inserting ‘‘Working
Group’’;
(B) in section 12203 (33 U.S.C. 3502)—
(i) in the section heading, by striking ‘‘COMMITTEE’’
and inserting ‘‘WORKING GROUP’’;
(ii) in subsection (b), in the first sentence, by
striking ‘‘committee’’ and inserting ‘‘Working Group’’;

H. R. 7776—1582
(iii) in subsection (e), by striking ‘‘committee’’ and
inserting ‘‘Working Group’’; and
(iv) in subsection (f), by striking ‘‘committee’’ and
inserting ‘‘Working Group’’; and
(C) in section 12208 (33 U.S.C. 3507), by amending
paragraph (3) to read as follows:
‘‘(3) WORKING GROUP.—The term ‘Working Group’ means
the Interagency Working Group on Ocean and Coastal Mapping
under section 12203.’’.
(2) IN GENERAL.—Section 12203(a) of such Act (33 U.S.C.
3502(a)) is amended by striking ‘‘within 30 days’’ and all that
follows and inserting ‘‘not later than 30 days after the date
of the enactment of the National Ocean Exploration Act, shall
use the Interagency Working Group on Ocean and Coastal
Mapping in existence as of the date of the enactment of such
Act to implement section 12202.’’.
(3) MEMBERSHIP.—Section 12203(b) of such Act (33 U.S.C.
3502(b)) is amended—
(A) by striking ‘‘senior’’ both places it appears and
inserting ‘‘senior-level’’;
(B) by striking the second sentence;
(C) by striking ‘‘the Minerals Management Service’’
and inserting ‘‘the Bureau of Ocean Energy Management
of the Department of the Interior, the Office of the Assistant Secretary, Fish and Wildlife and Parks of the Department of the Interior’’; and
(D) by striking ‘‘the Chief of Naval Operations’’ and
inserting ‘‘the Department of the Navy’’.
(4) CO-CHAIRS.—Section 12203(c) of such Act (33 U.S.C.
3502(c)) is amended to read as follows:
‘‘(c) CO-CHAIRS.—The Working Group shall be co-chaired by
one representative from each of the following:
‘‘(1) The National Oceanic and Atmospheric Administration.
‘‘(2) The Department of the Interior.’’.
(5) SUBORDINATE GROUPS.—Section 12203(d) of such Act
(33 U.S.C. 3502(d)) is amended to read as follows:
‘‘(d) SUBORDINATE GROUPS.—The co-chairs may establish such
permanent or temporary subordinate groups as determined appropriate by the Working Group.’’.
(6) MEETINGS.—Section 12203(e) of such Act (33 U.S.C.
3502(e)) is amended by striking ‘‘each subcommittee and each
working group’’ and inserting ‘‘each subordinate group’’.
(7) COORDINATION.—Section 12203(f) of such Act (33 U.S.C.
3502(f)) is amended by striking paragraphs (1) through (5)
and inserting the following:
‘‘(1) other Federal efforts;
‘‘(2) international mapping activities;
‘‘(3) coastal States;
‘‘(4) coastal Indian Tribes;
‘‘(5) data acquisition and user groups through workshops,
partnerships, and other appropriate mechanisms; and
‘‘(6) representatives of nongovernmental entities.’’.
(8) ADVISORY PANEL.—Section 12203 of such Act (33 U.S.C.
3502) is amended by striking subsection (g).
(9) FUNCTIONS.—Section 12203 of such Act (33 U.S.C.
3502), as amended by paragraph (8), is further amended by
adding at the end the following:

H. R. 7776—1583
‘‘(g) SUPPORT FUNCTIONS.—The Working Group shall support
the National Ocean Mapping, Exploration, and Characterization
Council established under section 5405 of the National Ocean Exploration Act and the Ocean Science and Technology Subcommittee
of the Ocean Policy Committee established under section 8932(c)
of title 10, United States Code, on ocean mapping activities and
associated technology development across the Federal Government,
State governments, coastal Indian Tribes, private industry, nongovernmental organizations, and academia.’’.
(10) CLERICAL AMENDMENT.—The table of contents in section 1(b) of the Omnibus Public Land Management Act of
2009 (Public Law 111–11; 123 Stat. 991) is amended by striking
the item relating to section 12203 and inserting the following:
‘‘Sec. 12203. Interagency working group on ocean and coastal mapping.’’.

(c) BIENNIAL REPORTS.—Section 12204 of the Ocean and Coastal
Mapping Integration Act (33 U.S.C. 3503) is amended—
(1) in the matter preceding paragraph (1), by striking ‘‘No
later’’ and all that follows through ‘‘House of Representatives’’
and inserting ‘‘Not later than 18 months after the date of
the enactment of the National Ocean Exploration Act, and
biennially thereafter until 2040, the co-chairs of the Working
Group, in coordination with the National Ocean Mapping,
Exploration, and Characterization Council established under
section 5405 of such Act, shall submit to the Committee on
Commerce, Science, and Transportation and the Committee
on Energy and Natural Resources of the Senate, and the Committee on Natural Resources and the Committee on Science,
Space, and Technology of the House of Representatives,’’;
(2) in paragraph (1), by inserting ‘‘, including the data
maintained by the National Centers for Environmental
Information of the National Oceanic and Atmospheric Administration,’’ after ‘‘mapping data’’;
(3) in paragraph (3), by inserting ‘‘, including a plan to
map the coasts of the United States on a requirements-based
cycle, with mapping agencies and partners coordinating on
a unified approach that factors in recent related studies, meets
multiple user requirements, and identifies gaps’’ after ‘‘accomplished’’;
(4) by striking paragraph (10) and redesignating paragraphs (11), (12), and (13) as paragraphs (10), (11), and (12),
respectively;
(5) in paragraph (10), as so redesignated, by striking ‘‘with
coastal State and local government programs’’ and inserting
‘‘with international, coastal State, and local government and
nongovernmental mapping programs’’;
(6) in paragraph (11), as redesignated by paragraph (4)—
(A) by striking ‘‘increase’’ and inserting ‘‘streamline
and expand’’;
(B) by inserting ‘‘for the purpose of fulfilling Federal
mapping and charting responsibilities, plans, and strategies’’ after ‘‘entities’’; and
(C) by striking ‘‘; and’’ and inserting a semicolon;
(7) in paragraph (12), as redesignated by paragraph (4),
by striking the period at the end and inserting a semicolon;
and
(8) by adding at the end the following:

H. R. 7776—1584
‘‘(13) a progress report on the development of new and
innovative technologies and applications through research and
development, including cooperative or other agreements with
joint or cooperative research institutes and centers and other
nongovernmental entities;
‘‘(14) a description of best practices in data processing
and distribution and leveraging opportunities among agencies
represented on the Working Group and with coastal States,
coastal Indian Tribes, and nongovernmental entities;
‘‘(15) an identification of any training, technology, or other
requirements for enabling Federal mapping programs, vessels,
and aircraft to support a coordinated ocean and coastal mapping
program; and
‘‘(16) a timetable for implementation and completion of
the plan described in paragraph (3), including recommendations
for integrating new approaches into the program.’’.
(d) NOAA JOINT OCEAN AND COASTAL MAPPING CENTERS.—
(1) CENTERS.—Section 12205(c) of such Act (33 U.S.C.
3504(c)) is amended—
(A) in the matter preceding paragraph (1), by striking
‘‘3’’ and inserting ‘‘three’’; and
(B) in paragraph (4), by inserting ‘‘and uncrewed’’ after
‘‘sensing’’.
(2) PLAN.—Section 12205 of such Act (33 U.S.C. 3504)
is amended—
(A) in the section heading, by striking ‘‘PLAN’’ and
inserting ‘‘NOAA JOINT OCEAN AND COASTAL MAPPING CENTERS’’;
(B) by striking subsections (a), (b), and (d); and
(C) in subsection (c), by striking ‘‘(c) NOAA JOINT
OCEAN AND COASTAL MAPPING CENTERS.—’’.
(3) CLERICAL AMENDMENT.—The table of contents in section
1(b) of the Omnibus Public Land Management Act of 2009
(Public Law 111–11; 123 Stat. 991) is amended by striking
the item relating to section 12205 and inserting the following:
‘‘Sec. 12205. NOAA joint ocean and coastal mapping centers.’’.

(e) OCEAN AND COASTAL MAPPING FEDERAL FUNDING OPPORTUNITY.—The Ocean and Coastal Mapping Integration Act (33
U.S.C. 3501 et seq.) is amended—
(1) by redesignating sections 12206, 12207, and 12208 as
sections 12208, 12209, and 12210, respectively; and
(2) by inserting after section 12205 the following:
‘‘SEC. 12206. OCEAN AND COASTAL MAPPING FEDERAL FUNDING
OPPORTUNITY.

‘‘(a) IN GENERAL.—Not later than one year after the date of
the enactment of the National Ocean Exploration Act, the Administrator shall develop an integrated ocean and coastal mapping Federal funding match opportunity, to be known as the ‘Brennan Ocean
Mapping Fund’ in memory of Rear Admiral Richard T. Brennan,
within the National Oceanic and Atmospheric Administration with
Federal, State, Tribal, local, nonprofit, private industry, or academic
partners in order to increase the coordinated acquisition, processing,
stewardship, and archival of new ocean and coastal mapping data
in United States waters.
‘‘(b) RULES.—The Administrator shall develop administrative
and procedural rules for the ocean and coastal mapping Federal

H. R. 7776—1585
funding match opportunity developed under subsection (a), to
include—
‘‘(1) specific and detailed criteria that must be addressed
by an applicant, such as geographic overlap with preestablished
priorities, number and type of project partners, benefit to the
applicant, coordination with other funding opportunities, and
benefit to the public;
‘‘(2) determination of the appropriate funding match
amounts and mechanisms to use, such as grants, agreements,
or contracts; and
‘‘(3) other funding award criteria as are necessary or appropriate to ensure that evaluations of proposals and decisions
to award funding under this section are based on objective
standards applied fairly and equitably to those proposals.
‘‘(c) GEOSPATIAL SERVICES AND CONTRACT VEHICLES.—The
ocean and coastal mapping Federal funding match opportunity
developed under subsection (a) shall leverage Federal expertise
and capacities for geospatial services and Federal geospatial contract vehicles using the private sector for acquisition efficiencies.
‘‘SEC. 12207. AGREEMENTS AND FINANCIAL ASSISTANCE.

‘‘(a) AGREEMENTS.—Subject to the availability of appropriations
for such purpose, the head of a Federal agency that is represented
on the Interagency Committee on Ocean and Coastal Mapping
may enter into agreements with any other agency that is so represented to provide, on a reimbursable or nonreimbursable basis,
facilities, equipment, services, personnel, and other support services
to carry out the purposes of this subtitle.
‘‘(b) FINANCIAL ASSISTANCE.—The Administrator may make
financial assistance awards (grants of cooperative agreements) to
any State or subdivision thereof or any public or private organization or individual to carry out the purposes of this subtitle.’’.
(f) AUTHORIZATION OF APPROPRIATIONS.—Section 12209 of such
Act, as redesignated by subsection (e)(1), is amended—
(1) in subsection (a), by striking ‘‘this subtitle’’ and all
that follows and inserting ‘‘this subtitle $45,000,000 for each
of fiscal years 2023 through 2028.’’;
(2) in subsection (b), by striking ‘‘this subtitle’’ and all
that follows and inserting ‘‘this subtitle $15,000,000 for each
of fiscal years 2023 through 2028.’’;
(3) by striking subsection (c); and
(4) by inserting after subsection (b) the following:
‘‘(c) OCEAN AND COASTAL MAPPING FEDERAL FUNDING OPPORTUNITY.—Of amounts authorized pursuant to subsection (a),
$20,000,000 is authorized to carry out section 12206.’’.
(g) DEFINITIONS.—
(1) OCEAN AND COASTAL MAPPING.—Paragraph (5) of section
12210 of such Act, as redesignated by subsection (e)(1), is
amended by striking ‘‘processing, and management’’ and
inserting ‘‘processing, management, maintenance, interpretation, certification, and dissemination’’.
(2) COASTAL INDIAN TRIBE.—Section 12210 of such Act,
as redesignated by subsection (e)(1), is amended by adding
at the end the following:
‘‘(9) COASTAL INDIAN TRIBE.—The term ‘coastal Indian
Tribe’ means an ‘Indian Tribe’, as defined in section 4 of the

H. R. 7776—1586
Indian Self-Determination and Education Assistance Act (25
U.S.C. 5304), the land of which is located in a coastal State.’’.
(h) CLERICAL AMENDMENTS.—The table of contents in section
1(b) of the Omnibus Public Land Management Act of 2009 (Public
Law 111–11; 123 Stat. 991) is amended by striking the items
relating to sections 12206 through 12208 and inserting the following:
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.

12206.
12207.
12208.
12209.
12210.

Ocean and coastal mapping Federal funding opportunity.
Cooperative agreements, contracts, and grants.
Effect on other laws.
Authorization of appropriations.
Definitions.’’.

SEC. 10308. MODIFICATIONS TO HYDROGRAPHIC SERVICES IMPROVEMENT ACT OF 1998.

(a) DEFINITIONS.—Section 302(4)(A) of the Hydrographic Services Improvement Act of 1998 (33 U.S.C. 892(4)(A)) is amended
by inserting ‘‘hydrodynamic forecast and datum transformation
models,’’ after ‘‘nautical information databases,’’.
(b) FUNCTIONS OF THE ADMINISTRATOR.—Section 303(b) of such
Act (33 U.S.C. 892a(b)) is amended—
(1) in the matter preceding paragraph (1), by inserting
‘‘precision navigation,’’ after ‘‘promote’’; and
(2) in paragraph (2)—
(A) by inserting ‘‘and hydrodynamic forecast models’’
after ‘‘monitoring systems’’;
(B) by inserting ‘‘and provide foundational information
and services required to support coastal resilience planning
for coastal transportation and other infrastructure, coastal
protection and restoration projects, and related activities’’
after ‘‘efficiency’’; and
(C) by striking ‘‘; and’’ and inserting a semicolon.
(c) QUALITY ASSURANCE PROGRAM.—Section 304(a) of such Act
(33 U.S.C. 892b(a)) is amended by striking ‘‘product produced’’
and inserting ‘‘product or service produced or disseminated’’.
(d) AUTHORIZATION OF APPROPRIATIONS.—Section 306(a) of such
Act (33 U.S.C. 892d(a)) is amended—
(1) in paragraph (1), by striking ‘‘$70,814,000 for each
of fiscal years 2019 through 2023’’ and inserting ‘‘$71,000,000
for each of fiscal years 2023 through 2028’’;
(2) in paragraph (2), by striking ‘‘$25,000,000 for each
of fiscal years 2019 through 2023’’ and inserting ‘‘$34,000,000
for each of fiscal years 2023 through 2028’’;
(3) in paragraph (3), by striking ‘‘$29,932,000 for each
of fiscal years 2019 through 2023’’ and inserting ‘‘$38,000,000
for each of fiscal years 2023 through 2028’’;
(4) in paragraph (4), by striking ‘‘$26,800,000 for each
of fiscal years 2019 through 2023’’ and inserting ‘‘$45,000,000
for each of fiscal years 2023 through 2028’’; and
(5) in paragraph (5), by striking ‘‘$30,564,000 for each
of fiscal years 2019 through 2023’’ and inserting ‘‘$35,000,000
for each of fiscal years 2023 through 2028’’.

H. R. 7776—1587

TITLE CIV—MARINE MAMMAL
RESEARCH AND RESPONSE
SEC. 10401. DATA COLLECTION AND DISSEMINATION.

Section 402 of the Marine Mammal Protection Act of 1972
(16 U.S.C. 1421a) is amended—
(1) in subsection (b)—
(A) in paragraph (1)(A), by inserting ‘‘or entangled’’
after ‘‘stranded’’;
(B) in paragraph (3)—
(i) by striking ‘‘strandings,’’ and inserting
‘‘strandings and entanglements, including unusual
mortality events,’’;
(ii) by inserting ‘‘stranding’’ before ‘‘region’’; and
(iii) by striking ‘‘marine mammals; and’’ and
inserting ‘‘marine mammals and entangled marine
mammals to allow comparison of the causes of illness
and deaths in stranded marine mammals and entangled marine mammals with physical, chemical, and
biological environmental parameters; and’’; and
(C) in paragraph (4), by striking ‘‘analyses, that would
allow comparison of the causes of illness and deaths in
stranded marine mammals with physical, chemical, and
biological environmental parameters.’’ and inserting ‘‘analyses.’’; and
(2) by striking subsection (c) and inserting the following:
‘‘(c) INFORMATION REQUIRED TO BE SUBMITTED AND COLLECTED.—
‘‘(1) IN GENERAL.—After each response to a stranding or
entanglement event, the Secretary shall collect (including from
any staff of the National Oceanic and Atmospheric Administration that respond directly to such an event), and shall require
each stranding network participant who responds to that
stranding or entanglement to submit to the Administrator of
the National Oceanic and Atmospheric Administration or the
Director of the United States Fish and Wildlife Service—
‘‘(A) data on the stranding event, including NOAA
Form 89–864 (OMB #0648–0178), NOAA Form 89–878
(OMB #0648–0178), similar successor forms, or similar
information in an appropriate format required by the
United States Fish and Wildlife Service for species under
its management authority;
‘‘(B) supplemental data to the data described in
subparagraph (A), which may include, as available, relevant information about—
‘‘(i) weather and tide conditions;
‘‘(ii) offshore human, predator, or prey activity;
‘‘(iii) morphometrics;
‘‘(iv) behavior;
‘‘(v) health assessments;
‘‘(vi) life history samples; or
‘‘(vii) stomach and intestinal contents; and
‘‘(C) data and results from laboratory analysis of tissues, which may include, as appropriate and available—
‘‘(i) histopathology;
‘‘(ii) toxicology;

H. R. 7776—1588
‘‘(iii) microbiology;
‘‘(iv) virology; or
‘‘(v) parasitology.
‘‘(2) TIMELINE.—A stranding network participant shall
submit—
‘‘(A) the data described in paragraph (1)(A) not later
than 30 days after the date of a response to a stranding
or entanglement event;
‘‘(B) the compiled data described in paragraph (1)(B)
not later than 30 days after the date on which the data
is available to the stranding network participant; and
‘‘(C) the compiled data described in paragraph (1)(C)
not later than 30 days after the date on which the laboratory analysis has been reported to the stranding network
participant.
‘‘(3) ONLINE DATA INPUT SYSTEM.—The Secretary, acting
through the Under Secretary of Commerce for Oceans and
Atmosphere, in consultation with the stranding network and
the Office of Evaluation Sciences of the General Services
Administration, shall establish an online system for the purposes of efficient and timely submission of data described in
paragraph (1).
‘‘(d) AVAILABILITY OF DATA.—
‘‘(1) IN GENERAL.—The Secretary shall develop a program
to make information, including any data and metadata collected
under paragraph (3) or (4) of subsection (b) or subsection (c),
available to researchers, stranding network participants, and
the public—
‘‘(A) to improve real-time coordination of response to
stranding and entanglement events across geographic areas
and between stranding coordinators;
‘‘(B) to identify and quickly disseminate information
on potential public health risks;
‘‘(C) to facilitate integrated interdisciplinary research;
‘‘(D) to facilitate peer-reviewed publications;
‘‘(E) to archive regional data into 1 national database
for future analyses; and
‘‘(F) for education and outreach activities.
‘‘(2) ACCESS TO DATA.—The Secretary shall ensure that
any data or metadata collected under subsection (c)—
‘‘(A) by staff of the National Oceanic and Atmospheric
Administration or the United States Fish and Wildlife
Service that responded directly to a stranding or entanglement event is available to the public through the Health
MAP and the Observation System not later than 30 days
after that data or metadata is collected by, available to,
or reported to the Secretary; and
‘‘(B) by a stranding network participant that responded
directly to a stranding or entanglement event is made
available to the public through the Health MAP and the
Observation System 2 years after the date on which that
data are submitted to the Secretary under subsection (c).
‘‘(3) EXCEPTIONS.—
‘‘(A) WRITTEN RELEASE.—Notwithstanding paragraph
(2)(B), the Secretary may make data described in paragraph
(2)(B) publicly available earlier than 2 years after the date
on which that data are submitted to the Secretary under

H. R. 7776—1589
subsection (c), if the stranding network participant has
completed a written release stating that such data may
be made publicly available.
‘‘(B) LAW ENFORCEMENT.—Notwithstanding paragraph
(2), the Secretary may withhold data for a longer period
than the period of time described in paragraph (2) in the
event of a law enforcement action or legal action that
may be related to that data.
‘‘(e) STANDARDS.—The Secretary, in consultation with the
marine mammal stranding community, shall—
‘‘(1) make publicly available guidance about uniform data
and metadata standards to ensure that data collected in accordance with this section can be archived in a form that is readily
accessible and understandable to the public through the Health
MAP and the Observation System; and
‘‘(2) periodically update such guidance.
‘‘(f) MANAGEMENT POLICY.—In collaboration with the regional
stranding networks, the Secretary shall develop, and periodically
update, a data management and public outreach collaboration policy
for stranding or entanglement events.
‘‘(g) AUTHORSHIP AGREEMENTS AND ACKNOWLEDGMENT
POLICY.—The Secretary, acting through the Under Secretary of
Commerce for Oceans and Atmosphere, shall include authorship
agreements or other acknowledgment considerations for use of data
by the public, as determined by the Secretary.
‘‘(h) SAVINGS CLAUSE.—The Secretary shall not require submission of research data that are not described in subsection (c).’’.
SEC. 10402. STRANDING OR ENTANGLEMENT RESPONSE AGREEMENTS.

(a) IN GENERAL.—Section 403 of the Marine Mammal Protection
Act of 1972 (16 U.S.C. 1421b) is amended—
(1) in the section heading by inserting ‘‘OR ENTANGLEMENT’’
before ‘‘RESPONSE’’;
(2) in subsection (a), by striking the period at the end
and inserting ‘‘or entanglement.’’; and
(3) in subsection (b)—
(A) in paragraph (1), by striking ‘‘and’’ after the semicolon;
(B) in paragraph (2), by striking the period at the
end and inserting ‘‘; and’’; and
(C) by adding at the end the following:
‘‘(3) include a description of the data management and
public outreach policy established under section 402(f).’’.
(b) TABLE OF CONTENTS AMENDMENT.—The table of contents
in the first section of the Marine Mammal Protection Act of 1972
(Public Law 92–522; 86 Stat. 1027) is amended by striking the
item related to section 403 and inserting the following:
‘‘Sec. 403. Stranding or entanglement response agreements.’’.
SEC. 10403. UNUSUAL MORTALITY EVENT ACTIVITY FUNDING.

Section 405(b) the Marine Mammal Protection Act of 1972
(16 U.S.C. 1421d(b)) is amended to read as follows:
‘‘(b) USES.—Amounts in the Fund shall be available only for
use by the Secretary, in consultation with the Secretary of the
Interior, and dispersed among claimants based on budgets approved
by the Secretary prior to expenditure—

H. R. 7776—1590
‘‘(1) to make advance, partial, or progress payments under
contracts or other funding mechanisms for property, supplies,
salaries, services, and travel costs incurred in acting in accordance with the contingency plan issued under section 404(b)
or under the direction of an Onsite Coordinator for an unusual
mortality event designated under section 404(a)(2)(B)(iii);
‘‘(2) for reimbursing any stranding network participant for
costs incurred in the collection, preparation, analysis, and
transportation of marine mammal tissues and samples collected
with respect to an unusual mortality event for the Tissue
Bank; and
‘‘(3) for the care and maintenance of a marine mammal
seized under section 104(c)(2)(D); and’’.
SEC. 10404. LIABILITY.

Section 406(a) of the Marine Mammal Protection Act of 1972
(16 U.S.C. 1421e(a)) is amended, in the matter preceding paragraph
(1)—
(1) by inserting ‘‘or entanglement’’ after ‘‘to a stranding’’;
and
(2) by striking ‘‘government’’ and inserting ‘‘Government’’.
SEC. 10405. NATIONAL MARINE MAMMAL TISSUE BANK AND TISSUE
ANALYSIS.

Section 407 of the Marine Mammal Protection Act of 1972
(16 U.S.C. 1421f) is amended—
(1) in subsection (c)(2)(A), by striking ‘‘the health of marine
mammals and’’ and inserting ‘‘marine mammal health and mortality and the health of’’; and
(2) in subsection (d), in the matter preceding paragraph
(1), by inserting ‘‘public’’ before ‘‘access’’.
SEC. 10406. MARINE MAMMAL RESCUE AND RESPONSE GRANT PROGRAM AND RAPID RESPONSE FUND.

(a) IN GENERAL.—Section 408 of the Marine Mammal Protection
Act of 1972 (16 U.S.C. 1421f–1) is amended—
(1) by striking the section heading and inserting ‘‘MARINE
MAMMAL RESCUE AND RESPONSE GRANT PROGRAM AND RAPID
RESPONSE FUND’’;

(2) by striking subsections (a) through (d) and subsections
(f) through (h);
(3) by redesignating subsection (e) as subsection (f); and
(4) by inserting before subsection (f), as redesignated by
paragraph (3), the following:
‘‘(a) DEFINITIONS.—In this section:
‘‘(1) EMERGENCY ASSISTANCE.—
‘‘(A) IN GENERAL.—The term ‘emergency assistance’
means—
‘‘(i) financial assistance provided to respond to,
or that results from, a stranding event or entanglement
event that—
‘‘(I) causes an immediate increase in the cost
of a response, recovery, or rehabilitation that is
greater than the usual cost of a response, recovery,
or rehabilitation;
‘‘(II) is cyclical or endemic; or

H. R. 7776—1591
‘‘(III) involves a marine mammal that is out
of the normal range for that marine mammal;
or
‘‘(ii) financial assistance provided to respond to,
or that results from, a stranding event or an entanglement event that—
‘‘(I) the applicable Secretary considers to be
an emergency; or
‘‘(II) with the concurrence of the applicable
Secretary, a State, territorial, or Tribal Government considers to be an emergency.
‘‘(B) EXCLUSIONS.—The term ‘emergency assistance’
does not include financial assistance to respond to an
unusual mortality event.
‘‘(2) SECRETARY.—The term ‘Secretary’ has the meaning
given that term in section 3(12)(A).
‘‘(3) STRANDING REGION.—The term ‘stranding region’
means a geographic region designated by the applicable Secretary for purposes of administration of this title.
‘‘(b) JOHN H. PRESCOTT MARINE MAMMAL RESCUE AND
RESPONSE GRANT PROGRAM.—
‘‘(1) IN GENERAL.—The applicable Secretary shall carry out
a grant program, to be known as the ‘John H. Prescott Marine
Mammal Rescue and Response Grant Program’ (referred to
in this section as the ‘grant program’), to award grants to
eligible stranding network participants or stranding network
collaborators, as described in this subsection.
‘‘(2) PURPOSES.—The purposes of the grant program are
to provide for—
‘‘(A) the recovery, care, or treatment of sick, injured,
or entangled marine mammals;
‘‘(B) responses to marine mammal stranding events
that require emergency assistance;
‘‘(C) the collection of data and samples from living
or dead stranded marine mammals for scientific research
or assessments regarding marine mammal health;
‘‘(D) facility operating costs that are directly related
to activities described in subparagraph (A), (B), or (C);
and
‘‘(E) development of stranding network capacity,
including training for emergency response, where facilities
do not exist or are sparse.
‘‘(3) CONTRACT, GRANT, AND COOPERATIVE AGREEMENT
AUTHORITY.—
‘‘(A) IN GENERAL.—The applicable Secretary may enter
into a contract, grant, or cooperative agreement with any
eligible stranding network participant or stranding network
collaborator, as the Secretary determines to be appropriate,
for the purposes described in paragraph (2).
‘‘(B) EMERGENCY AWARD FLEXIBILITY.—Following a
request for emergency award flexibility and analysis of
the merits of and necessity for such a request, the
applicable Secretary may—
‘‘(i) amend any contract, grant, or cooperative
agreement entered into under this paragraph,
including provisions concerning the period of performance; or

H. R. 7776—1592
‘‘(ii) waive the requirements under subsection (f)
for grant applications submitted during the provision
of emergency assistance.
‘‘(4) EQUITABLE DISTRIBUTION OF FUNDS.—
‘‘(A) IN GENERAL.—The Secretary shall ensure, to the
extent practicable, that funds awarded under the grant
program are distributed equitably among the stranding
regions.
‘‘(B) CONSIDERATIONS.—In determining priorities
among the stranding regions under this paragraph, the
Secretary may consider—
‘‘(i) equitable distribution within the stranding
regions, including the subregions (including, but not
limited to, the Gulf of Mexico);
‘‘(ii) any episodic stranding, entanglement, or mortality events, except for unusual mortality events, that
occurred in any stranding region in the preceding year;
‘‘(iii) any data with respect to average annual
stranding, entanglements, and mortality events per
stranding region;
‘‘(iv) the size of the marine mammal populations
inhabiting a stranding region;
‘‘(v) the importance of the region’s marine mammal
populations to the well-being of indigenous communities; and
‘‘(vi) the conservation of protected, depleted, threatened, or endangered marine mammal species.
‘‘(C) STRANDINGS.—For the purposes of this program,
priority is to be given to applications focusing on marine
mammal strandings.
‘‘(5) APPLICATION.—To be eligible for a grant under the
grant program, a stranding network participant shall—
‘‘(A) submit an application in such form and manner
as the applicable Secretary prescribes; and
‘‘(B) be in compliance with the data reporting requirements under section 402(d) and any applicable reporting
requirements of the United States Fish and Wildlife Service
for species under its management jurisdiction.
‘‘(6) GRANT CRITERIA.—The Secretary shall, in consultation
with the Marine Mammal Commission, a representative from
each of the stranding regions, and other individuals who represent public and private organizations that are actively
involved in rescue, rehabilitation, release, scientific research,
marine conservation, and forensic science with respect to
stranded marine mammals under that Department’s jurisdiction, develop criteria for awarding grants under their respective
grant programs.
‘‘(7) MAXIMUM GRANT AMOUNT.—No grant made under the
grant program for a single award may exceed $150,000 in
any 12-month period.
‘‘(8) ADMINISTRATIVE COSTS AND EXPENSES.—The Secretary’s administrative costs and expenses related to reviewing
and awarding grants under the grant program, in any fiscal
year may not exceed the greater of—
‘‘(A) 6 percent of the amounts made available each
fiscal year to carry out the grant program; or
‘‘(B) $80,000.

H. R. 7776—1593
‘‘(9) TRANSPARENCY.—The Secretary shall make publicly
available a list of grant proposals for the upcoming fiscal year,
funded grants, and requests for grant flexibility under this
subsection.
‘‘(c) JOSEPH R. GERACI MARINE MAMMAL RESCUE AND RAPID
RESPONSE FUND.—
‘‘(1) IN GENERAL.—There is established in the Treasury
of the United States an interest-bearing fund, to be known
as the ‘Joseph R. Geraci Marine Mammal Rescue and Rapid
Response Fund’ (referred to in this section as the ‘Rapid
Response Fund’).
‘‘(2) USE OF FUNDS.—Amounts in the Rapid Response Fund
shall be available only for use by the Secretary to provide
emergency assistance.
‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—
‘‘(1) IN GENERAL.—
‘‘(A) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated to carry out the grant program $7,000,000 for each of fiscal years 2023 through 2028,
to remain available until expended, of which for each fiscal
year—
‘‘(i) $6,000,000 shall be made available to the Secretary of Commerce; and
‘‘(ii) $1,000,000 shall be made available to the Secretary of the Interior.
‘‘(B) DERIVATION OF FUNDS.—Funds to carry out the
activities under this section shall be derived from amounts
authorized to be appropriated pursuant to subparagraph
(A) that are enacted after the date of enactment of the
James M. Inhofe National Defense Authorization Act for
Fiscal Year 2023.
‘‘(2) JOSEPH R. GERACI MARINE MAMMAL RESCUE AND RAPID
RESPONSE FUND.—There is authorized to be appropriated to
the Rapid Response Fund $500,000 for each of fiscal years
2023 through 2028.
‘‘(e) ACCEPTANCE OF DONATIONS.—
‘‘(1) IN GENERAL.—For the purposes of carrying out this
section, the Secretary may solicit, accept, receive, hold, administer, and use gifts, devises, and bequests without any further
approval or administrative action.
‘‘(2) MONETARY DONATIONS.—A monetary gift, devise, or
bequest accepted by the Secretary under paragraph (1) shall
be credited as discretionary offsetting collections to the currently applicable appropriation, account, or fund of the Department of Commerce and shall be made available for such purposes only to the extent and in the amounts provided in advance
in appropriations Acts.’’.
(b) TECHNICAL EDITS.—Section 408 of the Marine Mammal
Protection Act of 1972 (16 U.S.C. 1421f–1), as amended by subsection (a), is further amended in subsection (f), as redesignated
by subsection (a)(3)—
(1) in paragraph (1)—
(A) by striking ‘‘the costs of an activity conducted with
a grant under this section shall be’’ and inserting ‘‘a project
conducted with funds awarded under the grant program
under this section shall be not less than’’; and

H. R. 7776—1594
(B) by striking ‘‘such costs’’ and inserting ‘‘such
project’’; and
(2) in paragraph (2)—
(A) by striking ‘‘an activity’’ and inserting ‘‘a project’’;
and
(B) by striking ‘‘the activity’’ and inserting ‘‘the project’’.
(c) TABLE OF CONTENTS AMENDMENT.—The table of contents
in the first section of the Marine Mammal Protection Act of 1972
(Public Law 92–522; 86 Stat. 1027) (as amended by section 5503(b))
is amended by striking the item related to section 408 and inserting
the following:
‘‘Sec. 408. Marine Mammal Rescue and Response Grant Program and Rapid Response Fund.’’.
SEC. 10407. HEALTH MAP.

(a) IN GENERAL.—Title IV of the Marine Mammal Protection
Act of 1972 (16 U.S.C. 1421 et seq.) is amended by inserting
after section 408 the following:
‘‘SEC. 408A. MARINE MAMMAL HEALTH MONITORING AND ANALYSIS
PLATFORM (HEALTH MAP).

‘‘(a) IN GENERAL.—Not later than 1 year after the date of
enactment of the James M. Inhofe National Defense Authorization
Act for Fiscal Year 2023, the Secretary, acting through the Administrator of the National Oceanic and Atmospheric Administration,
in consultation with the Secretary of the Interior and the Marine
Mammal Commission, shall—
‘‘(1) establish a marine mammal health monitoring and
analysis platform (referred to in this Act as the ‘Health MAP’);
‘‘(2) incorporate the Health MAP into the Observation
System; and
‘‘(3) make the Health MAP—
‘‘(A) publicly accessible through the web portal of the
Observation System; and
‘‘(B) interoperable with other national data systems
or other data systems for management or research purposes, as practicable.
‘‘(b) PURPOSES.—The purposes of the Health MAP are—
‘‘(1) to promote—
‘‘(A) interdisciplinary research among individuals with
knowledge and experience in marine mammal science,
marine mammal veterinary and husbandry practices, medical science, and oceanography, and with other marine scientists;
‘‘(B) timely and sustained dissemination and availability of marine mammal health, stranding, entanglement,
and mortality data;
‘‘(C) identification of spatial and temporal patterns of
marine mammal mortality, disease, and stranding;
‘‘(D) evaluation of marine mammal health in terms
of mortality, as well as sublethal marine mammal health
impacts;
‘‘(E) improved collaboration and forecasting of marine
mammal and larger ecosystem health events;
‘‘(F) rapid communication and dissemination of
information regarding marine mammal strandings that
may have implications for human health, such as those
caused by harmful algal blooms; and

H. R. 7776—1595
‘‘(G) increased accessibility of data in a user friendly
visual interface for public education and outreach; and
‘‘(2) to contribute to an ocean health index that incorporates
marine mammal health data.
‘‘(c) REQUIREMENTS.—The Health MAP shall—
‘‘(1) integrate in situ, remote, and other marine mammal
health, stranding, and mortality data, including visualizations
and metadata, collected by marine mammal stranding networks, Federal, State, local, and Tribal governments, private
partners, and academia; and
‘‘(2) be designed—
‘‘(A) to enhance data and information availability,
including data sharing among stranding network participants, scientists, and the public within and across
stranding network regions;
‘‘(B) to facilitate data and information access across
scientific disciplines, scientists, and managers;
‘‘(C) to facilitate public access to national and regional
marine mammal health, stranding, entanglement, and mortality data, including visualizations and metadata, through
the national and regional data portals of the Observation
System; and
‘‘(D) in collaboration with, and with input from, States
and stranding network participants.
‘‘(d) PROCEDURES AND GUIDELINES.—The Secretary shall establish and implement policies, protocols, and standards for—
‘‘(1) reporting marine mammal health data collected by
stranding networks consistent with subsections (c) and (d) of
section 402;
‘‘(2) promptly transmitting health data from the stranding
networks and other appropriate data providers to the Health
MAP;
‘‘(3) disseminating and making publicly available data on
marine mammal health, stranding, entanglement, and mortality data in a timely and sustained manner; and
‘‘(4) integrating additional marine mammal health,
stranding, or other relevant data as the Secretary determines
appropriate.
‘‘(e) CONSULTATION.—The Administrator of the National Oceanic and Atmospheric Administration shall maintain and update
the Health MAP in consultation with the Secretary of the Interior
and the Marine Mammal Commission.
‘‘(f) ACCEPTANCE OF DONATIONS.—
‘‘(1) IN GENERAL.—For the purposes of carrying out this
section, the Secretary may solicit, accept, receive, hold, administer, and use gifts, devises, and bequests without any further
approval or administrative action.
‘‘(2) MONETARY DONATIONS.—A monetary gift, devise, or
bequest accepted by the Secretary under paragraph (1) shall
be credited as discretionary offsetting collections to the currently applicable appropriation, account, or fund of the Department of Commerce and shall be made available for such purposes only to the extent and in the amounts provided in advance
in appropriations Acts.’’.
(b) TABLE OF CONTENTS AMENDMENT.—The table of contents
in the first section of the Marine Mammal Protection Act of 1972
(Public Law 92–522; 86 Stat. 1027) (as amended by section 5507(b))

H. R. 7776—1596
is amended by inserting after the item related to section 408 the
following:
‘‘Sec. 408A. Marine Mammal Health Monitoring and Analysis Platform (Health
MAP).’’.
SEC. 10408. REPORTS TO CONGRESS.

(a) IN GENERAL.—Title IV of the Marine Mammal Protection
Act of 1972 (16 U.S.C. 1421 et seq.) (as amended by section 5508(a))
is amended by inserting after section 408A the following:
‘‘SEC. 408B. REPORTS TO CONGRESS.

‘‘(a) DEFINITION OF APPROPRIATE COMMITTEES OF CONGRESS.—
In this section, the term ‘appropriate committees of Congress’
means—
‘‘(1) the Committee on Commerce, Science, and Transportation of the Senate;
‘‘(2) the Committee on Environment and Public Works of
the Senate;
‘‘(3) the Committee on Natural Resources of the House
of Representatives; and
‘‘(4) the Committee on Science, Space, and Technology of
the House of Representatives.
‘‘(b) HEALTH MAP STATUS REPORT.—
‘‘(1) IN GENERAL.—Not later than 2 years after the date
of enactment of the James M. Inhofe National Defense
Authorization Act for Fiscal Year 2023, the Administrator of
the National Oceanic and Atmospheric Administration, in consultation with the Marine Mammal Commission, the Secretary
of the Interior, and the National Ocean Research Leadership
Council, shall submit to the appropriate committees of Congress
a report describing the status of the Health MAP.
‘‘(2) REQUIREMENTS.—The report under paragraph (1) shall
include—
‘‘(A) a detailed evaluation of the data made publicly
available through the Health MAP;
‘‘(B) a detailed list of any gaps in data collected pursuant to the Health MAP, a description of the reasons for
those gaps, and recommended actions to close those gaps;
‘‘(C) an analysis of the effectiveness of using the
website of the Observation System as the platform to collect, organize, visualize, archive, and disseminate marine
mammal stranding and health data;
‘‘(D) a list of publications, presentations, or other relevant work product resulting from, or produced in
collaboration with, the Health MAP;
‘‘(E) a description of emerging marine mammal health
concerns and the applicability of those concerns to human
health;
‘‘(F) an analysis of the feasibility of the Observation
System being used as an alert system during stranding
events, entanglement events, and unusual mortality events
for the stranding network, Observation System partners,
Health MAP partners, Federal and State agencies, and
local and Tribal governments;
‘‘(G) an evaluation of the use of Health MAP data
to predict broader ecosystem events and changes that may
impact marine mammal or human health and specific

H. R. 7776—1597
examples of proven or potential uses of Observation System
data for those purposes; and
‘‘(H) recommendations for the Health MAP with respect
to—
‘‘(i) filling any identified data gaps;
‘‘(ii) standards that could be used to improve data
quality, accessibility, transmission, interoperability,
and sharing;
‘‘(iii) any other strategies that would contribute
to the effectiveness and usefulness of the Health MAP;
and
‘‘(iv) the funding levels needed to maintain and
improve the Health MAP.
‘‘(c) DATA GAP ANALYSIS.—
‘‘(1) IN GENERAL.—Not later than 5 years after the date
on which the report required under subsection (b)(1) is submitted, and every 10 years thereafter, the Administrator of
the National Oceanic and Atmospheric Administration, in consultation with the Marine Mammal Commission and the
Director of the United States Fish and Wildlife Service, shall—
‘‘(A) make publicly available a report on the data gap
analysis described in paragraph (2); and
‘‘(B) provide a briefing to the appropriate committees
of Congress concerning that data gap analysis.
‘‘(2) REQUIREMENTS.—The data gap analysis under paragraph (1) shall include—
‘‘(A) an overview of existing participants within a
marine mammal stranding network;
‘‘(B) an identification of coverage needs and participant
gaps within a network;
‘‘(C) an identification of data and reporting gaps from
members of a network; and
‘‘(D) an analysis of how stranding and health data
are shared and made available to scientists, academics,
State, local, and Tribal governments, and the public.
‘‘(d) MARINE MAMMAL RESPONSE CAPABILITIES IN THE ARCTIC.—
‘‘(1) IN GENERAL.—Not later than 1 year after the date
of enactment of the James M. Inhofe National Defense
Authorization Act for Fiscal Year 2023, the Administrator of
the National Oceanic and Atmospheric Administration, the
Director of the United States Fish and Wildlife Service, and
the Director of the United States Geologic Survey, in consultation with the Marine Mammal Commission, shall—
‘‘(A) make publicly available a report describing the
response capabilities for sick and injured marine mammals
in the Arctic regions of the United States; and
‘‘(B) provide a briefing to the appropriate committees
of Congress on that report.
‘‘(2) ARCTIC.—The term ‘Arctic’ has the meaning given the
term in section 112 of the Arctic Research and Policy Act
of 1984 (15 U.S.C. 4111).
‘‘(3) REQUIREMENTS.—The report under paragraph (1) shall
include—
‘‘(A) a description, developed in consultation with the
Fish and Wildlife Service of the Department of the Interior,
of all marine mammal stranding agreements in place for
the Arctic region of the United States, including species

H. R. 7776—1598
covered, response capabilities, facilities and equipment, and
data collection and analysis capabilities;
‘‘(B) a list of State and local government agencies that
have personnel trained to respond to marine mammal
strandings in the Arctic region of the United States;
‘‘(C) an assessment of potential response and data
collection partners and sources of local information and
knowledge, including Alaska Native people and villages;
‘‘(D) an analysis of spatial and temporal trends in
marine mammal strandings and unusual mortality events
that are correlated with changing environmental conditions
in the Arctic region of the United States;
‘‘(E) a description of training and other resource needs
to meet emerging response requirements in the Arctic
region of the United States;
‘‘(F) an analysis of oiled marine mammal response
and rehabilitation capabilities in the Arctic region of the
United States, including personnel, equipment, facilities,
training, and husbandry capabilities, and an assessment
of factors that affect response and rehabilitation success
rates; and
‘‘(G) recommendations to address future stranding
response needs for marine mammals in the Arctic region
of the United States.’’.
(b) TABLE OF CONTENTS AMENDMENT.—The table of contents
in the first section of the Marine Mammal Protection Act of 1972
(Public Law 92–522; 86 Stat. 1027) (as amended by section 5508(b))
is amended by inserting after the item related to section 408A
the following:
‘‘Sec. 408B. Reports to Congress.’’.
SEC. 10409. AUTHORIZATION OF APPROPRIATIONS.

Section 409 of the Marine Mammal Protection Act of 1972
(16 U.S.C. 1421g) is amended—
(1) in paragraph (1), by striking ‘‘1993 and 1994;’’ and
inserting ‘‘2023 through 2028;’’;
(2) in paragraph (2), by striking ‘‘1993 and 1994;’’ and
inserting ‘‘2023 through 2028;’’; and
(3) in paragraph (3), by striking ‘‘fiscal year 1993.’’ and
inserting ‘‘for each of fiscal years 2023 through 2028.’’.
SEC. 10410. DEFINITIONS.

Section 410 of the Marine Mammal Protection Act of 1972
(16 U.S.C. 1421h) is amended—
(1) by redesignating paragraphs (1) through (6) as paragraphs (2), (5), (6), (7), (8), and (9), respectively;
(2) by inserting before paragraph (2) (as so redesignated)
the following:
‘‘(1) The term ‘entangle’ or ‘entanglement’ means an event
in the wild in which a living or dead marine mammal has
gear, rope, line, net, or other material wrapped around or
attached to the marine mammal and is—
‘‘(A) on lands under the jurisdiction of the United
States, including beaches and shorelines; or
‘‘(B) in waters under the jurisdiction of the United
States, including any navigable waters.’’;

H. R. 7776—1599
(3) in paragraph (2) (as so redesignated) by striking ‘‘The
term’’ and inserting ‘‘Except as used in section 408, the term’’;
(4) by inserting after paragraph (2) (as so redesignated)
the following:
‘‘(3) The term ‘Health MAP’ means the Marine Mammal
Health Monitoring and Analysis Platform established under
section 408A(a)(1).
‘‘(4) The term ‘Observation System’ means the National
Integrated Coastal and Ocean Observation System established
under section 12304 of the Integrated Coastal and Ocean
Observation System Act of 2009 (33 U.S.C. 3603).’’.
SEC. 10411. STUDY ON MARINE MAMMAL MORTALITY.

(a) IN GENERAL.—Not later than 12 months after the date
of enactment of this Act, the Undersecretary of Commerce for
Oceans and Atmosphere shall, in consultation with the Secretary
of the Interior and the Marine Mammal Commission, conduct a
study evaluating the connections among marine heat waves, frequency and intensity of harmful algal blooms, prey availability,
and habitat degradation, and the impacts of these conditions on
marine mammal mortality.
(b) REPORT.—The Undersecretary of Commerce for Oceans and
Atmosphere, in consultation with the Secretary of the Interior and
the Marine Mammal Commission, shall prepare, post to a publicly
available website, and brief the appropriate committees of Congress
on, a report containing the results of the study described in subsection (a). The report shall identify priority research activities,
opportunities for collaboration, and current gaps in effort and
resource limitations related to advancing scientific understanding
of how ocean heat waves, harmful algae blooms, availability of
prey, and habitat degradation impact marine mammal mortality.
The report shall include recommendations for policies needed to
mitigate and respond to mortality events.

TITLE CV—VOLCANIC ASH AND FUMES
SEC. 10501. MODIFICATIONS TO NATIONAL VOLCANO EARLY WARNING
AND MONITORING SYSTEM.

(a) DEFINITIONS.—Subsection (a) of section 5001 of the John
D. Dingell, Jr. Conservation, Management, and Recreation Act (43
U.S.C. 31k) is amended—
(1) by redesignating paragraph (2) as paragraph (3);
(2) by inserting after paragraph (1) the following:
‘‘(2) SECRETARY OF COMMERCE.—The term ‘Secretary of
Commerce’ means the Secretary of Commerce, acting through
the Under Secretary of Commerce for Oceans and Atmosphere.’’;
and
(3) by adding at the end the following:
‘‘(4) VOLCANIC ASH ADVISORY CENTER.—The term ‘Volcanic
Ash Advisory Center’ means an entity designated by the International Civil Aviation Organization that is responsible for
informing aviation interests about the presence of volcanic ash
in the airspace.’’.
(b) PURPOSES.—Subsection (b)(1)(B) of such section is
amended—
(1) in clause (i), by striking ‘‘and’’ at the end;

H. R. 7776—1600
(2) in clause (ii), by striking the period at the end and
inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(iii) to strengthen the warning and monitoring
systems of volcano observatories in the United States
by integrating relevant capacities of the National Oceanic and Atmospheric Administration, including with
the Volcanic Ash Advisory Centers located in Anchorage, Alaska, and Washington, D.C., to observe and
model emissions of gases, aerosols, and ash,
atmospheric dynamics and chemistry, and ocean chemistry resulting from volcanic eruptions.’’.
(c) SYSTEM COMPONENTS.—Subsection (b)(2) of such section is
amended—
(1) in subparagraph (B)—
(A) by striking ‘‘and’’ before ‘‘spectrometry’’; and
(B) by inserting ‘‘, and unoccupied aerial vehicles’’ after
‘‘emissions’’; and
(2) by adding at the end the following:
‘‘(C) MEMORANDUM OF UNDERSTANDING.—The Secretary and the Secretary of Commerce shall develop and
execute a memorandum of understanding to establish
cooperative support for the activities of the System from
the National Oceanic and Atmospheric Administration,
including environmental observations, modeling, and temporary duty assignments of personnel to support emergency
activities, as necessary or appropriate.’’.
(d) MANAGEMENT.—Subsection (b)(3) of such section is
amended—
(1) in subparagraph (A), by adding at the end the following:
‘‘(iii) UPDATE.—
‘‘(I) NATIONAL OCEANIC AND ATMOSPHERIC
ADMINISTRATION COST ESTIMATES.—The Secretary
of Commerce shall submit to the Secretary annual
cost estimates for modernization activities and
support of the System for the National Oceanic
and Atmospheric Administration.
‘‘(II) UPDATE OF MANAGEMENT PLAN.—The Secretary shall update the management plan submitted under clause (i) to include the cost estimates submitted under subclause (I).’’; and
(2) by adding at the end the following:
‘‘(E) COLLABORATION.—The Secretary of Commerce
shall collaborate with the Secretary to implement activities
carried out under this section related to the expertise of
the National Oceanic and Atmospheric Administration,
including observations and modeling of emissions of gases,
aerosols, and ash, atmospheric dynamics and chemistry,
and ocean chemistry resulting from volcanic eruptions.’’.
(e) FUNDING.—Subsection (c) of such section is amended—
(1) in paragraph (1)—
(A) in the paragraph heading, by inserting ‘‘, UNITED
STATES GEOLOGICAL SURVEY’’ after ‘‘APPROPRIATIONS’’; and
(B) by inserting ‘‘to the United States Geological
Survey’’ after ‘‘appropriated’’;.
(2) by redesignating paragraph (2) as paragraph (3);
(3) by inserting after paragraph (1) the following:

H. R. 7776—1601
‘‘(2) AUTHORIZATION OF APPROPRIATIONS, NATIONAL OCEANIC
AND ATMOSPHERIC ADMINISTRATION.—There is authorized to be
appropriated to the National Oceanic and Atmospheric
Administration to carry out this section such sums as may
be necessary for the period of fiscal years 2023 through 2024.’’;
and
(4) in paragraph (3), as redesignated by paragraph (2)—
(A) by striking ‘‘United States Geological Survey’’; and
(B) by inserting ‘‘of the United States Geological Survey
and the National Oceanic and Atmospheric Administration’’
after ‘‘programs’’.
(f) IMPLEMENTATION PLAN.—
(1) DEVELOPMENT OF PLAN.—Not later than 180 days after
the date of the enactment of this Act, the Secretary of Commerce, in consultation with the Secretary of the Interior, shall
develop a plan to implement the amendments made by this
Act during the 5-year period beginning on the date on which
the plan is developed.
(2) ELEMENTS.—The plan developed under paragraph (1)
shall include an estimate of the cost and schedule required
for the implementation described in such paragraph.
(3) PUBLIC AVAILABILITY.—Upon completion of the plan
developed under paragraph (1), the Secretary of Commerce
shall make the plan publicly available.

TITLE CVI—LEARNING EXCELLENCE
AND GOOD EXAMPLES FROM NEW DEVELOPERS
SEC. 10601. LEARNING EXCELLENCE AND GOOD EXAMPLES FROM NEW
DEVELOPERS.

(a) DEFINITIONS.—In this section:
(1) ADMINISTRATION.—The term ‘‘Administration’’ means
the National Oceanic and Atmospheric Administration.
(2) ADMINISTRATOR.—The term ‘‘Administrator’’ means the
Under Secretary of Commerce for Oceans and Atmosphere and
Administrator of the National Oceanic and Atmospheric
Administration.
(3) EARTH PREDICTION INNOVATION CENTER.—The term
‘‘Earth Prediction Innovation Center’’ means the community
global weather research modeling system described in paragraph (5)(E) of section 102(b) of the Weather Research Forecasting and Innovation Act of 2017 (15 U.S.C. 8512(b)), as
redesignated by this section.
(4) MODEL.—The term ‘‘model’’ means any vetted numerical
model and associated data assimilation of the Earth’s system
or its components—
(A) developed, in whole or in part, by scientists and
engineers employed by the Administration; or
(B) otherwise developed, in whole or in part, using
Federal funds.
(5) OPEN LICENSE.—The term ‘‘open license’’ has the same
meaning given such term in section 3502(21) of title 44, United
States Code.

H. R. 7776—1602
(6) OPERATIONAL MODEL.—The term ‘‘operational model’’
means any model that has an output used by the Administration for operational functions.
(7) SUITABLE MODEL.—The term ‘‘suitable model’’ means
a model that meets the requirements described in paragraph
(5)(E)(ii) of section 102(b) of the Weather Research Forecasting
and Innovation Act of 2017 (15 U.S.C. 8512(b)), as redesignated
by this title, as determined by the Administrator.
(b) PURPOSES.—The purposes of this section are—
(1) to support innovation in modeling by allowing interested
stakeholders to have easy and complete access to operational
model codes and to other models, as the Administrator determines appropriate; and
(2) to use vetted innovations arising from access described
in paragraph (1) to improve modeling by the Administration.
(c) PLAN AND IMPLEMENTATION OF PLAN TO MAKE CERTAIN
MODELS AND DATA AVAILABLE TO THE PUBLIC.—
(1) IN GENERAL.—The Administrator shall develop and
implement a plan to make available to the public, at no cost
and with no restrictions on copying, publishing, distributing,
citing, adapting, or otherwise using under an open license,
the following:
(A) Operational models developed by the Administration.
(B) Models that are not operational models, including
experimental and developmental models, as the Administrator determines appropriate.
(C) Applicable information and documentation for
models described in subparagraphs (A) and (B), including
a description of intended model outputs.
(D) Subject to subsection (f), all data owned by the
Federal Government and data that the Administrator has
the legal right to redistribute that are associated with
models made available to the public pursuant to the plan
and used in operational forecasting by the Administration,
including—
(i) relevant metadata; and
(ii) data used for operational models used by the
Administration as of the date of the enactment of this
Act.
(2) ACCOMMODATIONS.—In developing and implementing
the plan under paragraph (1), the Administrator may make
such accommodations as the Administrator considers appropriate to ensure that the public release of any model, information, documentation, or data pursuant to the plan do not jeopardize—
(A) national security;
(B) intellectual property or redistribution rights,
including under titles 17 and 35, United States Code;
(C) any trade secret or commercial or financial information subject to section 552(b)(4) of title 5, United States
Code;
(D) any models or data that are otherwise restricted
by contract or other written agreement; or
(E) the mission of the Administration to protect lives
and property.

H. R. 7776—1603
(3) PRIORITY.—In developing and implementing the plan
under paragraph (1), the Administrator shall prioritize making
available to the public the models described in paragraph (1)(A).
(4) PROTECTIONS FOR PRIVACY AND STATISTICAL INFORMATION.—In developing and implementing the plan under subsection (a), the Administrator shall ensure that all requirements
incorporated into any models described in paragraph (1)(A)
ensure compliance with statistical laws and other relevant data
protection requirements, including the protection of any personally identifiable information.
(5) EXCLUSION OF CERTAIN MODELS.—In developing and
implementing the plan under paragraph (1), the Administrator
may exclude models that the Administrator determines will
be retired or superseded in fewer than 5 years after the date
of the enactment of this Act.
(6) PLATFORMS.—In carrying out paragraphs (1) and (2),
the Administrator may use government servers, contracts or
agreements with a private vendor, or any other platform consistent with the purpose of this title.
(7) SUPPORT PROGRAM.—The Administrator shall plan for
and establish a program to support infrastructure, including
telecommunications and technology infrastructure of the
Administration and the platforms described in paragraph (6),
relevant to making operational models and data available to
the public pursuant to the plan under subsection (a).
(8) TECHNICAL CORRECTION.—Section 102(b) of the Weather
Research Forecasting and Innovation Act of 2017 (15 U.S.C.
8512(b)) is amended by redesignating the second paragraph
(4) (as added by section 4(a) of the National Integrated Drought
Information System Reauthorization Act of 2018 (Public Law
115–423; 132 Stat. 5456)) as paragraph (5).
(d) REQUIREMENT TO REVIEW MODELS AND LEVERAGE INNOVATIONS.—The Administrator shall—
(1) consistent with the mission of the Earth Prediction
Innovation Center, periodically review innovations and
improvements made by persons not employed by the Administration as Federal employees to the operational models made
available to the public pursuant to the plan under subsection
(c)(1) in order to improve the accuracy and timeliness of forecasts of the Administration; and
(2) if the Administrator identifies an innovation for a suitable model, develop and implement a plan to use the innovation
to improve the model.
(e) REPORT ON IMPLEMENTATION.—
(1) IN GENERAL.—Not later than 2 years after the date
of the enactment of this Act, the Administrator shall submit
to the appropriate congressional committees a report on the
implementation of this section that includes a description of—
(A) the implementation of the plan required by subsection (c);
(B) the process of the Administration under subsection
(d)—
(i) for engaging with interested stakeholders to
learn what innovations those stakeholders have found;
(ii) for reviewing those innovations; and
(iii) for operationalizing innovations to improve
suitable models; and

H. R. 7776—1604
(C) the use of any Federal financial assistance,
including under section 24 of the Stevenson-Wydler Technology Innovation Act of 1990 (15 U.S.C. 3719) or the
Crowdsourcing and Citizen Science Act (15 U.S.C. 3724),
in order to facilitate and incentivize the sharing of externally developed improvements for testing, evaluation,
validation, and application to further improve the mission
of the Administration, and any other Administration priorities.
(2) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—
In this subsection, the term ‘‘appropriate congressional committees’’ means—
(A) the Committee on Commerce, Science, and
Transportation and the Committee on Appropriations of
the Senate; and
(B) the Committee on Science, Space, and Technology
and the Committee on Appropriations of the House of Representatives.
(f) PROTECTION OF NATIONAL SECURITY INTERESTS.—
(1) IN GENERAL.—Notwithstanding any other provision of
this section, for models developed in whole or in part with
the Department of Defense, the Administrator, in consultation
with the Secretary of Defense, as appropriate, shall withhold
any model or data if the Administrator or the Secretary of
Defense determines doing so to be necessary to protect the
national security interests of the United States.
(2) RULE OF CONSTRUCTION.—Nothing in this section shall
be construed to supersede any other provision of law governing
the protection of the national security interests of the United
States.
(g) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to carry out this section $2,000,000 for each
of fiscal years 2023 through 2027.

DIVISION K—DON YOUNG COAST
GUARD AUTHORIZATION ACT OF 2022
SEC. 11001. SHORT TITLE; TABLE OF CONTENTS.

(a) SHORT TITLE.—This division may be cited as the ‘‘Don
Young Coast Guard Authorization Act of 2022’’.
(b) TABLE OF CONTENTS.—The table of contents for this division
is as follows:
Sec. 11001. Short title; table of contents.
Sec. 11002. Definitions.
Sec. 11003. Rule of construction.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

11101.
11102.
11103.
11104.
11105.
11106.

TITLE CXI—AUTHORIZATIONS
Authorization of appropriations.
Authorized levels of military strength and training.
Authorization for certain programs and services.
Availability of amounts for acquisition of additional vessels.
Shoreside infrastructure and facilities.
Coast Guard yard resilient infrastructure and construction improvement.
TITLE CXII—COAST GUARD

Subtitle A—Infrastructure and Assets
Sec. 11201. Report on shoreside infrastructure and facilities projects.

H. R. 7776—1605
Sec. 11202. Report and briefing on resourcing strategy for Western Pacific region.
Sec. 11203. Study and report on national security and drug trafficking threats in
Florida Straits, Cuba, and Caribbean region.
Sec. 11204. Coast Guard Yard.
Sec. 11205. Authority to enter into transactions other than contracts and grants to
procure cost-effective technology for mission needs.
Sec. 11206. Improvements to infrastructure and operations planning.
Sec. 11207. Aqua alert notification system pilot program.
Sec. 11208. Pilot project for enhancing Coast Guard cutter readiness through condition-based maintenance.
Sec. 11209. Study on laydown of Coast Guard Cutters.
Sec. 11210. Acquisition life-cycle cost estimates.
Sec. 11211. Disposition of infrastructure related to E–LORAN.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

11212.
11213.
11214.
11215.
11216.
11217.

Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

11218.
11219.
11220.
11221.
11222.
11223.

Subtitle B—Great Lakes
Great Lakes winter commerce.
Database on icebreaking operations in Great Lakes.
Center of expertise for Great Lakes oil spill search and response.
Great Lakes snowmobile acquisition plan.
Great Lakes barge inspection exemption.
Study on sufficiency of Coast Guard aviation assets to meet mission demands.
Subtitle C—Arctic
Establishment of medium icebreaker program office.
Arctic activities.
Study on Arctic operations and infrastructure.
Pribilof Island transition completion actions.
Report on shipyards of Finland and Sweden.
Acquisition of icebreaker.

Subtitle D—Maritime Cyber and Artificial Intelligence
Sec. 11224. Enhancing maritime cybersecurity.
Sec. 11225. Establishment of unmanned system program and autonomous control
and computer vision technology project.
Sec. 11226. Artificial intelligence strategy.
Sec. 11227. Review of artificial intelligence applications and establishment of performance metrics.
Sec. 11228. Cyber data management.
Sec. 11229. Data management.
Sec. 11230. Study on cyber threats to United States marine transportation system.
Subtitle E—Aviation
Sec. 11231. Space-available travel on Coast Guard aircraft: program authorization
and eligible recipients.
Sec. 11232. Report on Coast Guard Air Station Barbers Point hangar.
Sec. 11233. Study on operational availability of Coast Guard aircraft and strategy
for Coast Guard Aviation.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

Subtitle F—Workforce Readiness
Authorized strength.
Continuation of officers with certain critical skills on active duty.
Number and distribution of officers on active duty promotion list.
Career incentive pay for marine inspectors.
Expansion of ability for selection board to recommend officers of particular merit for promotion.
11239. Modification to education loan repayment program.
11240. Retirement of Vice Commandant.
11241. Report on resignation and retirement processing times and denial.
11242. Calculation of active service.
11243. Physical Disability Evaluation System procedure review.
11244. Expansion of authority for multirater assessments of certain personnel.
11245. Promotion parity.
11246. Partnership program to diversify Coast Guard.
11247. Expansion of Coast Guard Junior Reserve Officers’ Training Corps.
11248. Improving representation of women and racial and ethnic minorities
among Coast Guard active-duty members.
11249. Strategy to enhance diversity through recruitment and accession.
11250. Support for Coast Guard Academy.
11251. Training for congressional affairs personnel.
11234.
11235.
11236.
11237.
11238.

H. R. 7776—1606
Sec. 11252. Strategy for retention of cuttermen.
Sec. 11253. Study on performance of Coast Guard Force Readiness Command.
Sec. 11254. Study on frequency of weapons training for Coast Guard personnel.
Subtitle G—Miscellaneous Provisions
Sec. 11255. Modification of prohibition on operation or procurement of foreign-made
unmanned aircraft systems.
Sec. 11256. Budgeting of Coast Guard relating to certain operations.
Sec. 11257. Report on San Diego maritime domain awareness.
Sec. 11258. Conveyance of Coast Guard vessels for public purposes.
Sec. 11259. National Coast Guard Museum funding plan.
Sec. 11260. Report on Coast Guard explosive ordnance disposal.
Sec. 11261. Transfer and conveyance.
Sec. 11262. Transparency and oversight.
Sec. 11263. Study on safety inspection program for containers and facilities.
Sec. 11264. Operational data sharing capability.
Sec. 11265. Feasibility study on construction of Coast Guard station at Port Mansfield.
Sec. 11266. Procurement of tethered aerostat radar system for Coast Guard Station
South Padre Island.
Sec. 11267. Prohibition on major acquisition contracts with entities associated with
Chinese Communist Party.
Sec. 11268. Review of drug interdiction equipment and standards; testing for
fentanyl during interdiction operations.
Sec. 11269. Public availability of information on monthly migrant interdictions.
Sec. 11270. Cargo waiting time reduction.
Sec. 11271. Study on Coast Guard oversight and investigations.
Subtitle H—Sexual Assault and Sexual Harassment Response and Prevention
Sec. 11272. Administration of sexual assault forensic examination kits.
Sec. 11273. Policy on requests for permanent changes of station or unit transfers
by persons who report being the victim of sexual assault.
Sec. 11274. Sex offenses and personnel records.
Sec. 11275. Study on Special Victims’ Counsel program.
TITLE CXIII—ENVIRONMENT
Subtitle A—Marine Mammals
Sec. 11301. Definitions.
Sec. 11302. Assistance to ports to reduce impacts of vessel traffic and port operations on marine mammals.
Sec. 11303. Near real-time monitoring and mitigation program for large cetaceans.
Sec. 11304. Pilot program to establish a Cetacean Desk for Puget Sound region.
Sec. 11305. Monitoring ocean soundscapes.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

11306.
11307.
11308.
11309.
11310.
11311.
11312.
11313.
11314.
11315.
11316.
11317.

Subtitle B—Oil Spills
Report on changing salvors.
Limited indemnity provisions in standby oil spill response contracts.
Improving oil spill preparedness.
Western Alaska oil spill planning criteria.
Coast Guard claims processing costs.
Calculation of interest on debt owed to national pollution fund.
Per-incident limitation.
Access to Oil Spill Liability Trust Fund.
Cost-reimbursable agreements.
Oil spill response review.
Additional exceptions to regulations for towing vessels.
Port Coordination Council for Point Spencer.

Subtitle C—Environmental Compliance
Sec. 11318. Providing requirements for vessels anchored in established anchorage
grounds.
Sec. 11319. Study on impacts on shipping and commercial, Tribal, and recreational
fisheries from development of renewable energy on West Coast.
Sec. 11320. Use of devices broadcasting on AIS for purposes of marking fishing
gear.
Subtitle D—Environmental Issues
Sec. 11321. Notification of communication outages.
Sec. 11322. Improvements to communication with fishing industry and related
stakeholders.

H. R. 7776—1607
Sec. 11323. Advance notification of military or other exercises.
Sec. 11324. Modifications to Sport Fish Restoration and Boating Trust Fund administration.
Sec. 11325. Load lines.
Sec. 11326. Actions by National Marine Fisheries Service to increase energy production.
Sec. 11327. Aquatic Nuisance Species Task Force.
Sec. 11328. Safety standards.
Subtitle E—Illegal Fishing and Forced Labor Prevention
Sec. 11329. Definitions.

Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

CHAPTER 1—COMBATING HUMAN TRAFFICKING THROUGH SEAFOOD IMPORT
MONITORING
11330. Enhancement of Seafood Import Monitoring Program Message Set in
Automated Commercial Environment system.
11331. Data sharing and aggregation.
11332. Import audits.
11333. Availability of fisheries information.
11334. Report on Seafood Import Monitoring Program.
11335. Authorization of appropriations.

CHAPTER 2—STRENGTHENING INTERNATIONAL FISHERIES MANAGEMENT TO COMBAT
HUMAN TRAFFICKING
Sec. 11336. Denial of port privileges.
Sec. 11337. Identification and certification criteria.
Sec. 11338. Equivalent conservation measures.
Sec. 11339. Capacity building in foreign fisheries.
Sec. 11340. Training of United States observers.
Sec. 11341. Regulations.
TITLE CXIV—SUPPORT FOR COAST GUARD WORKFORCE
Sec.
Sec.
Sec.
Sec.
Sec.

11401.
11402.
11403.
11404.
11405.

Sec.
Sec.
Sec.
Sec.
Sec.

11406.
11407.
11408.
11409.
11410.

Sec.
Sec.
Sec.
Sec.
Sec.

Subtitle A—Support for Coast Guard Members and Families
Coast Guard child care improvements.
Armed Forces access to Coast Guard child development services.
Cadet pregnancy policy improvements.
Combat-related special compensation.
Study on food security.

Subtitle B—Healthcare
Development of medical staffing standards for Coast Guard.
Healthcare system review and strategic plan.
Data collection and access to care.
Behavioral health policy.
Members asserting post-traumatic stress disorder or traumatic brain
injury.
11411. Improvements to Physical Disability Evaluation System and transition
program.
11412. Expansion of access to counseling.
11413. Expansion of postgraduate opportunities for members of Coast Guard
in medical and related fields.
11414. Study on Coast Guard medical facilities needs.
11415. Study on Coast Guard telemedicine program.

Subtitle C—Housing
Sec. 11416. Study on Coast Guard housing access, cost, and challenges.
Sec. 11417. Audit of certain military housing conditions of enlisted members of
Coast Guard in Key West, Florida.
Sec. 11418. Study on Coast Guard housing authorities and privatized housing.
Sec. 11419. Strategy to improve quality of life at remote units.
Subtitle D—Other Matters
Sec. 11420. Report on availability of emergency supplies for Coast Guard personnel.
Sec. 11421. Fleet mix analysis and shore infrastructure investment plan.
TITLE CXV—MARITIME
Subtitle A—Vessel Safety
Sec. 11501. Responses to safety recommendations.

H. R. 7776—1608
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

11502.
11503.
11504.
11505.
11506.
11507.

Requirements for DUKW amphibious passenger vessels.
Exoneration and limitation of liability for small passenger vessels.
At-sea recovery operations pilot program.
Historic wood sailing vessels.
Certificates of numbers for undocumented vessels.
Comptroller General review and report on Coast Guard oversight of
third-party organizations.
Sec. 11508. Articulated tug-barge manning.
Sec. 11509. Fishing vessel safety.
Sec. 11510. Exemptions for certain passenger vessels.
Subtitle B—Merchant Mariner Credentialing
Sec. 11511. Modernizing merchant mariner credentialing system.
Sec. 11512. Assessment regarding application process for merchant mariner credentials.
Sec. 11513. GAO report.
Sec. 11514. Military to Mariners Act of 2022.
Sec. 11515. Definitions.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

Subtitle C—Other Matters
Nonoperating individual.
Oceanographic research vessels.
Port access routes briefing.
Definition of stateless vessel.
Limitation on recovery for certain injuries incurred in aquaculture activities.
11521. Report on securing vessels and cargo.
11522. Report on enforcement of coastwise laws.
11523. Land conveyance, Sharpe Army Depot, Lathrop, California.
11524. Prohibition on entry and operation.
11525. Floating dry docks.
11526. Updated requirements for fishing crew agreements.
11516.
11517.
11518.
11519.
11520.

TITLE CXVI—SEXUAL ASSAULT AND SEXUAL HARASSMENT PREVENTION
AND RESPONSE
Sec. 11601. Definitions.
Sec. 11602. Convicted sex offender as grounds for denial.
Sec. 11603. Sexual harassment or sexual assault as grounds for suspension or revocation.
Sec. 11604. Accommodation; notices.
Sec. 11605. Protection against discrimination.
Sec. 11606. Alcohol at sea.
Sec. 11607. Surveillance requirements.
Sec. 11608. Master key control.
Sec. 11609. Requirement to report sexual assault and harassment.
Sec. 11610. Safety management system.
Sec. 11611. Reports to Congress.
TITLE CXVII—NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
Subtitle A—National Oceanic and Atmospheric Administration Commissioned
Officer Corps
Sec. 11701. Definitions.
Sec. 11702. Requirement for appointments.
Sec. 11703. Repeal of requirement to promote ensigns after 3 years of service.
Sec. 11704. Authority to provide awards and decorations.
Sec. 11705. Retirement and separation.
Sec. 11706. Improving professional mariner staffing.
Sec. 11707. Legal assistance.
Sec. 11708. Acquisition of aircraft for agency air, atmosphere, and weather reconnaissance and research mission.
Sec. 11709. Report on professional mariner staffing models.
Subtitle B—Other Matters
Sec. 11710. Conveyance of certain property of National Oceanic and Atmospheric
Administration in Juneau, Alaska.
TITLE CXVIII—TECHNICAL, CONFORMING, AND CLARIFYING
AMENDMENTS
Sec. 11801. Terms and vacancies.

H. R. 7776—1609
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

11802.
11803.
11804.
11805.
11806.
11807.
11808.

Passenger vessel security and safety requirements.
Technical corrections.
Transportation worker identification credential technical amendments.
Reinstatement.
Determination of budgetary effects.
Technical amendment.
Lighthouse service amendments.

SEC. 11002. DEFINITIONS.

In this division:
(1) COMMANDANT.—The term ‘‘Commandant’’ means the
Commandant of the Coast Guard.
(2) SECRETARY.—Except as otherwise provided, the term
‘‘Secretary’’ means the Secretary of the department in which
the Coast Guard is operating.
SEC. 11003. RULE OF CONSTRUCTION.

(a) IN GENERAL.—Nothing in this division may be construed—
(1) to satisfy any requirement for government-to-government consultation with Tribal governments; or
(2) to affect or modify any treaty or other right of any
Tribal government.
(b) TRIBAL GOVERNMENT DEFINED.—In this section, the term
‘‘Tribal government’’ means the recognized governing body of any
Indian or Alaska Native Tribe, band, nation, pueblo, village, community, component band, or component reservation, individually identified (including parenthetically) in the list published most recently
as of the date of the enactment of this Act pursuant to section
104 of the Federally Recognized Indian Tribe List Act of 1994
(25 U.S.C. 5131).

TITLE CXI—AUTHORIZATIONS
SEC. 11101. AUTHORIZATION OF APPROPRIATIONS.

Section 4902 of title 14, United States Code, is amended—
(1) in the matter preceding paragraph (1) by striking ‘‘fiscal
years 2020 and 2021’’ and inserting ‘‘fiscal years 2022 and
2023’’;
(2) in paragraph (1)—
(A) in subparagraph (A) by striking clauses (i) and
(ii) and inserting the following:
‘‘(i) $10,000,000,000 for fiscal year 2022; and
‘‘(ii) $10,750,000,000 for fiscal year 2023.’’;
(B) in subparagraph (B) by striking ‘‘$17,035,000’’ and
inserting ‘‘$23,456,000’’; and
(C) in subparagraph (C) by striking ‘‘, (A)(ii)
$17,376,000’’ and inserting ‘‘(A)(ii), $24,353,000’’;
(3) in paragraph (2)—
(A) in subparagraph (A) by striking clauses (i) and
(ii) and inserting the following:
‘‘(i) $3,312,114,000 for fiscal year 2022; and
‘‘(ii) $3,477,600,000 for fiscal year 2023.’’; and
(B) in subparagraph (B) by striking clauses (i) and
(ii) and inserting the following:
‘‘(i) $20,400,000 for fiscal year 2022; and
‘‘(ii) $20,808,000 for fiscal year 2023.’’;
(4) in paragraph (3) by striking subparagraphs (A) and
(B) and inserting the following:

H. R. 7776—1610
‘‘(A) $7,476,000 for fiscal year 2022; and
‘‘(B) $14,681,084 for fiscal year 2023.’’; and
(5) in paragraph (4) by striking subparagraphs (A) and
(B) and inserting the following:
‘‘(A) $240,577,000 for fiscal year 2022; and
‘‘(B) $252,887,000 for fiscal year 2023.’’.
SEC. 11102. AUTHORIZED LEVELS OF MILITARY STRENGTH AND
TRAINING.

Section 4904 of title 14, United States Code, is amended—
(1) in subsection (a) by striking ‘‘fiscal years 2020 and
2021’’ and inserting ‘‘fiscal years 2022 and 2023’’; and
(2) in subsection (b) by striking ‘‘fiscal years 2020 and
2021’’ and inserting ‘‘fiscal years 2022 and 2023’’.
SEC. 11103. AUTHORIZATION FOR CERTAIN PROGRAMS AND SERVICES.

Of the amounts authorized to be appropriated under section
4902(1)(A) of title 14, United States Code, there are authorized
to the Commandant for each of fiscal years 2022 and 2023—
(1) $25,000,000 for the child care subsidy program as established under section 11401and any additional eligible uses
established by the Commandant under the amendment made
by subsection (c) of section 11401;
(2) $1,300,000 for expansion of behavioral health services
in the Coast Guard under section 11412;
(3) $3,000,000 for the Aqua Alert Notification System pilot
program established under section 11207; and
(4) $1,000,000 to prepare the evaluation of requirements
for the Arctic Security Cutter.
SEC. 11104. AVAILABILITY OF AMOUNTS FOR ACQUISITION OF ADDITIONAL VESSELS.

(a) IN GENERAL.—Of the amounts authorized to be appropriated
under section 4902(2)(A)(ii) of title 14, United States Code, as
amended by section 11101, for fiscal year 2023—
(1) $300,000,000 shall be authorized for the acquisition
of a twelfth National Security Cutter;
(2) $420,000,000 shall be authorized for the acquisition
of 6 Fast Response Cutters;
(3) $172,500,000 is authorized for the program management, design, and acquisition of 12 Pacific Northwest heavy
weather boats that are at least as capable as the Coast Guard
52-foot motor surfboat;
(4) $167,200,000 is authorized for the third Polar Security
Cutter;
(5) $150,000,000 is authorized for the acquisition or
procurement of an available icebreaker (as such term is defined
under section 11223);
(6) for fiscal year 2022, $350,000,000 shall be authorized
for the acquisition of a Great Lakes icebreaker at least as
capable as Coast Guard cutter Mackinaw (WLBB–30);
(7) in addition to amounts authorized under paragraph
(6), $20,000,000 shall be authorized for the design and selection
of icebreaking cutters for operation in the Great Lakes, the
Northeastern United States, and the Arctic as appropriate,
that are at least as capable as the Coast Guard 140-foot
icebreaking tugs; and

H. R. 7776—1611
(8) $650,000,000 is authorized for the continued acquisition
of Offshore Patrol Cutters.
(b) TREATMENT OF ACQUIRED CUTTER.—Any cutter acquired
using amounts authorized under subsection (a) shall be in addition
to the National Security Cutters and Fast Response Cutters
approved under the existing acquisition baseline in the program
of record for the National Security Cutter and Fast Response Cutter.
SEC. 11105. SHORESIDE INFRASTRUCTURE AND FACILITIES.

(a) IN GENERAL.—Of the amounts authorized to be appropriated
under section 4902(2)(A) of title 14, United States Code—
(1) for each of fiscal years 2022 and 2023, $1,000,000,000
is authorized to fund maintenance, construction, and repairs
for Coast Guard shoreside infrastructure; and
(2) for fiscal year 2023, $127,000,000 is authorized for
improvements to facilities of the Coast Guard Yard.
(b) SET-ASIDES.—Of the amounts authorized under subsection
(a)(1)—
(1) up to $60,000,000 is authorized to fund Phase I, in
fiscal year 2022, and $60,000,000 is authorized to fund Phase
II, in fiscal year 2023, for the recapitalization of the barracks
at the United States Coast Guard Training Center Cape May
in Cape May, New Jersey;
(2) $67,500,000 is authorized for the construction of additional new child care development centers not constructed using
funds authorized by title V of the Infrastructure Investment
and Jobs Act (Public Law 117–58); and
(3) up to $1,200,000 is authorized to—
(A) complete repairs to the United States Coast Guard
Station, New York, waterfront, including repairs to the
concrete pier; and
(B) replace floating piers Alpha and Bravo, the South
Breakwater and Ice Screen, the North Breakwater and
Ice Screen and the seawall.
(c) MITIGATION OF HAZARD RISKS.—In carrying out projects
with funds authorized under subsection (a), the Coast Guard shall
mitigate, to the greatest extent practicable, natural hazard risks
identified in any Shore Infrastructure Vulnerability Assessment
for Phase I related to such projects.
SEC. 11106. COAST GUARD YARD RESILIENT INFRASTRUCTURE AND
CONSTRUCTION IMPROVEMENT.

There is authorized to appropriated for the period of fiscal
years 2023 through 2028 for the Secretary—
(1) $273,000,000 for the purposes of improvements to facilities of the Coast Guard Yard; and
(2) $236,000,000 for the acquisition of a new floating drydock at the Yard.

H. R. 7776—1612

TITLE CXII—COAST GUARD
Subtitle A—Infrastructure and Assets
SEC. 11201. REPORT ON SHORESIDE INFRASTRUCTURE AND FACILITIES PROJECTS.

(a) IN GENERAL.—Not less frequently than annually, the Commandant shall submit to the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report
that includes—
(1) a detailed list of Coast Guard shoreside infrastructure
projects contemplated in each Coast Guard Sector area of
responsibility and planned within the 7 years following the
submission of the annual report for all Coast Guard facilities
located within each Coast Guard Sector area of responsibility
in the order of priority, including recapitalization, maintenance
needs in excess of $100,000, dredging, and other shoreside
infrastructure needs of the Coast Guard;
(2) the estimated cost of projects to fulfill each project,
to the extent available; and
(3) a general description of the state of planning, including
design and engineering, for each such project.
(b) CONTENTS.—The report submitted under subsection (a) shall
include all unfunded shoreside infrastructure and facility priorities
meeting the criteria under subsection (a) recommended to the Commandant for consideration for inclusion in the unfunded priority
list report to Congress under section 5108 of title 14, United States
Code, regardless of whether the unfunded shoreside infrastructure
project is included in the final annual unfunded priority list to
Congress.
SEC. 11202. REPORT AND BRIEFING ON RESOURCING STRATEGY FOR
WESTERN PACIFIC REGION.

(a) REPORT.—
(1) IN GENERAL.—Not later than 1 year after the date
of enactment of this Act, the Commandant, in consultation
with the Coast Guard Commander of the Pacific Area, the
Commander of United States Indo-Pacific Command, and the
Under Secretary of Commerce for Oceans and Atmosphere,
shall submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a
report outlining the resourcing needs of the Coast Guard to
achieve optimum operations in the Western Pacific region.
(2) ELEMENTS.—The report required under paragraph (1)
shall include the following:
(A) An assessment of the risks and associated needs—
(i) to United States strategic maritime interests,
in particular such interests in areas west of the International Date Line, including risks to bilateral maritime partners of the United States, posed by not fully
staffing and equipping Coast Guard operations in the
Western Pacific region;

H. R. 7776—1613
(ii) to the Coast Guard mission and force posed
by not fully staffing and equipping Coast Guard operations in the Western Pacific region; and
(iii) to support the call of the President, as set
forth in the Indo-Pacific Strategy, to expand Coast
Guard presence and cooperation in Southeast Asia,
South Asia, and the Pacific Islands, with a focus on
advising, training, deployment, and capacity building.
(B) A description of the additional resources, including
shoreside resources, required to fully implement the needs
described in subparagraph (A), including the United States
commitment to bilateral fisheries law enforcement in the
Pacific Ocean.
(C) A description of the operational and personnel
assets required and a dispersal plan for available and
projected future Coast Guard cutters and aviation forces
to conduct optimum operations in the Western Pacific
region.
(D) An analysis with respect to whether a national
security cutter or fast response cutter located at a United
States military installation in a foreign country in the
Western Pacific region would enhance United States
national security, partner country capacity building, and
prevention and effective response to illegal, unreported,
and unregulated fishing.
(E) An assessment of the benefits and associated costs
involved in—
(i) increasing staffing of Coast Guard personnel
within the command elements of United States IndoPacific Command or subordinate commands; and
(ii) designating a Coast Guard patrol force under
the direct authority of the Commander of the United
States Indo-Pacific Command with associated forwardbased assets and personnel.
(F) An identification of any additional authority necessary, including proposals for legislative change, to meet
the needs identified in accordance with subparagraphs (A)
through (E) and any other mission requirement in the
Western Pacific region.
(3) FORM.—The report required under paragraph (1) shall
be submitted in unclassified form but may include a classified
annex.
(b) BRIEFING.—Not later than 60 days after the date on which
the Commandant submits the report under subsection (a), the Commandant, or a designated individual, shall provide to the Committee
on Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives a briefing on the findings and conclusions of such
report.
SEC. 11203. STUDY AND REPORT ON NATIONAL SECURITY AND DRUG
TRAFFICKING THREATS IN FLORIDA STRAITS, CUBA,
AND CARIBBEAN REGION.

(a) IN GENERAL.—The Commandant shall conduct a study on
threats to national security, drug trafficking, and other relevant
threats the Commandant considers appropriate in the Florida
Straits and Caribbean region, including Cuba.

H. R. 7776—1614
(b) ELEMENTS.—The study required under subsection (a) shall
include the following:
(1) An assessment of—
(A) new technology and evasive maneuvers used by
transnational criminal organizations to evade detection and
interdiction by Coast Guard law enforcement units and
interagency partners; and
(B) capability gaps of the Coast Guard with respect
to—
(i) the detection and interdiction of illicit drugs
in the Florida Straits and Caribbean region, including
Cuba; and
(ii) the detection of national security threats in
such region.
(2) An identification of—
(A) the critical technological advancements required
for the Coast Guard to meet current and anticipated threats
in such region;
(B) the capabilities required to enhance information
sharing and coordination between the Coast Guard and
interagency partners, foreign governments, and related
civilian entities; and
(C) any significant developing threats to the United
States posed by illicit actors in such region.
(c) REPORT.—Not later than 2 years after the date of enactment
of this Act, the Commandant shall submit to the Committee on
Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the results of the study under subsection
(a).
SEC. 11204. COAST GUARD YARD.

(a) IN GENERAL.—With respect to the Coast Guard Yard, the
uses of the amounts authorized under sections 11105(a)(2) and
11106 are to—
(1) improve resilience and capacity;
(2) maintain and expand Coast Guard organic manufacturing capacity;
(3) expand training and recruitment;
(4) enhance safety;
(5) improve environmental compliance; and
(6) ensure that the Coast Guard Yard is prepared to meet
the growing needs of the modern Coast Guard fleet.
(b) INCLUSIONS.—The Secretary shall ensure that the Coast
Guard Yard receives improvements that include the following:
(1) Facilities upgrades needed to improve resilience of the
shipyard, its facilities, and associated infrastructure.
(2) Acquisition of a large-capacity drydock.
(3) Improvements to piers and wharves, drydocks, and capital equipment utilities.
(4) Environmental remediation.
(5) Construction of a new warehouse and paint facility.
(6) Acquisition of a new travel lift.
(7) Dredging necessary to facilitate access to the Coast
Guard Yard.
(c) WORKFORCE DEVELOPMENT PLAN.—Not later than 180 days
after the date of enactment of this Act, the Commandant shall

H. R. 7776—1615
submit to the Committee on Commerce, Science, and Transportation
of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives, a workforce development
plan that—
(1) outlines the workforce needs of the Coast Guard Yard
with respect to civilian employees and active duty members
of the Coast Guard, including engineers, individuals engaged
in trades, cyber specialists, and other personnel necessary to
meet the evolving mission set of the Coast Guard Yard; and
(2) includes recommendations for Congress with respect
to the authorities, training, funding, and civilian and activeduty recruitment, including the recruitment of women and
underrepresented minorities, necessary to meet workforce needs
of the Coast Guard Yard for the 10-year period beginning
on the date of submission of the plan.
SEC. 11205. AUTHORITY TO ENTER INTO TRANSACTIONS OTHER THAN
CONTRACTS AND GRANTS TO PROCURE COST-EFFECTIVE TECHNOLOGY FOR MISSION NEEDS.

(a) IN GENERAL.—Subchapter III of chapter 11 of title 14,
United States Code, is amended by adding at the end the following:
‘‘§ 1158. Authority to enter into transactions other than contracts and grants to procure cost-effective,
advanced technology for mission-critical needs
‘‘(a) IN GENERAL.—Subject to subsections (b) and (c), the Commandant may enter into transactions (other than contracts, cooperative agreements, and grants) to operate, test, and acquire costeffective technology for the purpose of meeting the mission needs
of the Coast Guard.
‘‘(b) OPERATION, TESTING, AND ACQUISITION.—Operation,
testing, and acquisition of technologies under subsection (a) shall
be—
‘‘(1) carried out in accordance with Coast Guard policies
and guidance; and
‘‘(2) consistent with the operational requirements of the
Coast Guard.
‘‘(c) LIMITATIONS.—The Commandant may not enter into a
transaction under subsection (a) with respect to a technology that—
‘‘(1) does not comply with the cybersecurity standards of
the Coast Guard; or
‘‘(2) is sourced from an entity domiciled in the People’s
Republic of China, unless the Commandant determines that
the prototype or procurement of such a technology is for the
purpose of—
‘‘(A) counter-UAS or surrogate testing; or
‘‘(B) intelligence, electronic warfare, and information
warfare, testing, and analysis.
‘‘(d) EDUCATION AND TRAINING.—The Commandant shall ensure
that management, technical, and contracting personnel of the Coast
Guard involved in the award or administration of transactions
under this section are provided adequate education and training
with respect to the authority under this section.
‘‘(e) REGULATIONS.—The Commandant shall prescribe regulations as necessary to carry out this section.

H. R. 7776—1616
‘‘(f) COUNTER-UAS DEFINED.—In this section, the term ‘counterUAS’ has the meaning given such term in section 44801 of title
49.’’.
(b) CLERICAL AMENDMENT.—The analysis for chapter 11 of title
14, United States Code, is amended by inserting after the item
relating to section 1157 the following:
‘‘1158. Authority to enter into transactions other than contracts and grants to procure cost-effective, advanced technology for mission-critical needs.’’.

(c) REPORT.—
(1) IN GENERAL.—Not later than 5 years after the date
of the enactment of this Act, the Commandant shall submit
to the appropriate committees of Congress a report that—
(A) describes the use of the authority pursuant to
section 1158 of title 14, United States Code (as added
by this section); and
(B) assesses the mission and operational benefits of
such authority.
(2) APPROPRIATE COMMITTEES OF CONGRESS DEFINED.—In
this subsection, the term ‘‘appropriate committees of Congress’’
means—
(A) the Committee on Commerce, Science, and
Transportation of the Senate; and
(B) the Committee on Transportation and Infrastructure of the House of Representatives.
SEC. 11206. IMPROVEMENTS TO INFRASTRUCTURE AND OPERATIONS
PLANNING.

(a) IN GENERAL.—Not later than 1 year after the date of enactment of this Act, the Commandant shall incorporate the most
recent oceanic and atmospheric data relating to the increasing
rates of extreme weather, including flooding, into planning scenarios
for Coast Guard infrastructure and mission deployments with
respect to all Coast Guard Missions.
(b) COORDINATION WITH NATIONAL OCEANIC AND ATMOSPHERIC
ADMINISTRATION.—In carrying out subsection (a), the Commandant
shall—
(1) coordinate with the Under Secretary of Commerce for
Oceans and Atmosphere to ensure the incorporation of the
most recent environmental and climatic data; and
(2) request technical assistance and advice from the Under
Secretary in planning scenarios, as appropriate.
(c) BRIEFING.—Not later than 1 year after the date of enactment
of this Act, the Commandant shall provide to the Committee on
Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a briefing on the manner in which the best-available
science from the National Oceanic and Atmospheric Administration
has been incorporated into at least 1 key mission area of the
Coast Guard, and the lessons learned from incorporating such
science.
SEC. 11207. AQUA ALERT NOTIFICATION SYSTEM PILOT PROGRAM.

(a) IN GENERAL.—Not later than 2 years after the date of
enactment of this Act, the Commandant shall, subject to the availability of appropriations, establish a pilot program to improve the
issuance of alerts to facilitate cooperation with the public to render

H. R. 7776—1617
aid to distressed individuals under section 521 of title 14, United
States Code.
(b) PILOT PROGRAM CONTENTS.—In carrying out the pilot program established under subsection (a), the Commandant shall, to
the maximum extent possible—
(1) include a voluntary opt-in program under which members of the public, as appropriate, and the entities described
in subsection (c), may receive notifications on cellular devices
regarding Coast Guard activities to render aid to distressed
individuals under section 521 of title 14, United States Code;
(2) cover areas located within the area of responsibility
of 3 different Coast Guard sectors in diverse geographic regions;
and
(3) provide that the dissemination of an alert shall be
limited to the geographic areas most likely to facilitate the
rendering of aid to distressed individuals.
(c) CONSULTATION.—In developing the pilot program under subsection (a), the Commandant shall consult—
(1) the head of any relevant Federal agency;
(2) the government of any relevant State;
(3) any Tribal Government;
(4) the government of any relevant territory or possession
of the United States; and
(5) any relevant political subdivision of an entity described
in paragraph (2), (3), or (4).
(d) REPORT TO CONGRESS.—
(1) IN GENERAL.—Not later than 2 years after the date
of enactment of this Act, and annually thereafter through 2026,
the Commandant shall submit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee
on Transportation and Infrastructure of the House of Representatives a report on the implementation of this section.
(2) PUBLIC AVAILABILITY.—The Commandant shall make
the report submitted under paragraph (1) available to the
public.
SEC. 11208. PILOT PROJECT FOR ENHANCING COAST GUARD CUTTER
READINESS THROUGH CONDITION-BASED MAINTENANCE.

(a) IN GENERAL.—Not later than 3 years after the date of
enactment of this Act, the Commandant shall conduct a pilot project
to enhance cutter readiness and reduce lost patrol days through
the deployment of condition-based program standards for cutter
maintenance, in accordance with the criteria set forth in subsection
(b).
(b) CRITERIA FOR CONDITION-BASED MAINTENANCE EVALUATION.—In conducting the pilot project under subsection (a), the
Commandant, in cooperation with government and industry partners, shall—
(1) select at least 1 class of cutters under construction
with respect to which the application of the pilot project would
enhance readiness;
(2) use condition-based program standards which incorporate artificial, intelligence, prognostic based maintenance
planning;
(3) create and model a full ship digital twin for the cutters
selected under paragraph (1);

H. R. 7776—1618
(4) install or modify instrumentation capable of producing
full hull, mechanical, and electrical data necessary to analyze
cutter operational conditions with active maintenance alerts;
and
(5) evaluate and weight efficacy of potential emergent
repairs as well as planned depot maintenance activities.
(c) CONSIDERATION.—Prior to developing the pilot project in
this section, the Commandant shall evaluate commercially available
products, technology, applications, standards, and technology for
development and implementation of the pilot program.
(d) REPORT TO CONGRESS.—The Commandant shall submit to
the Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives—
(1) an interim report not later than 12 months after the
date of enactment of this Act on the progress in carrying
out the pilot project described in subsection (a); and
(2) a final report not later than 3 years after the date
of enactment of this Act on the results of the pilot project
described in subsection (a) that includes—
(A) options to integrate condition-based program standards with prognostic based maintenance planning to Coast
Guard cutters; and
(B) plans to deploy condition-based program standards
with prognostic based maintenance planning to Coast
Guard cutters.
SEC. 11209. STUDY ON LAYDOWN OF COAST GUARD CUTTERS.

Not later than 120 days after the date of enactment of this
Act, the Secretary shall conduct a study on the laydown of Coast
Guard Fast Response Cutters to assess Coast Guard mission readiness and to identify areas of need for asset coverage.
SEC. 11210. ACQUISITION LIFE-CYCLE COST ESTIMATES.

Section 1132(e) of title 14, United States Code, is amended
by striking paragraphs (2) and (3) and inserting the following:
‘‘(2) TYPES OF ESTIMATES.—For each Level 1 or Level 2
acquisition project or program, in addition to life-cycle cost
estimates developed under paragraph (1), the Commandant
shall require that—
‘‘(A) life-cycle cost estimates developed under paragraph (1) be updated before—
‘‘(i) each milestone decision is concluded; and
‘‘(ii) the project or program enters a new acquisition phase; and
‘‘(B) an independent cost estimate or independent cost
assessment, as appropriate, be developed to validate lifecycle cost estimates developed under paragraph (1).’’.
SEC. 11211. DISPOSITION OF INFRASTRUCTURE RELATED TO E–LORAN.

Section 914 of title 14, United States Code, is amended to
read as follows:
‘‘§ 914. Disposition of infrastructure related to E–LORAN
‘‘(a) IN GENERAL.—Notwithstanding any other provision of law,
the Commandant may dismantle or dispose of any real or personal
property under the administrative control of the Coast Guard and
used for the LORAN–C system.

H. R. 7776—1619
‘‘(b) RESTRICTION.—No action described in subsection (a) may
be taken unless and until—
‘‘(1) the Commandant notifies the Secretary of Transportation and the Secretary of Defense in writing of the proposed
dismantling or disposal of a LORAN–C system; and
‘‘(2) a period of 90 calendar days expires following the
day on which the notice has been submitted.
‘‘(c) RECEIPT OF NOTIFICATION.—If, not later than 90 calendar
days of receipt of the written notification under subsection (b),
the Secretary of Transportation or the Secretary of Defense notifies
the Commandant, in writing, of a determination under section
312(d) of title 49 that the property is required to provide a positioning, navigation, and timing system to provide redundant capability in the event the Global Positioning System signals are disrupted, the Commandant shall transfer the property to the Department of Transportation without any consideration.
‘‘(d) NOTIFICATION EXPIRATION.—If, at the end of the 90 calendar day period no notification under subsection (b) has been
received, the Commandant shall notify the Committee on Transportation and Infrastructure and the Committee on Appropriations
in the House of Representatives and the Committee on Commerce,
Science, and Transportation and the Committee on Appropriations
of the Senate that the period in subsection (b)(2) has expired,
and may proceed with the dismantling and disposal of the personal
property, and disposing of the real property in accordance with
section 2945 of this title.
‘‘(e) EXCEPTION.—The prohibition on actions in subsection (b)
does not apply to actions necessary for the safety of human life.’’.

Subtitle B—Great Lakes
SEC. 11212. GREAT LAKES WINTER COMMERCE.

(a) GREAT LAKES ICEBREAKING OPERATIONS.—
(1) GOVERNMENT ACCOUNTABILITY OFFICE REPORT.—
(A) IN GENERAL.—Not later than 1 year after the date
of enactment of this Act, the Comptroller General of the
United States shall submit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House
of Representatives a report on Coast Guard icebreaking
in the Great Lakes.
(B) ELEMENTS.—The report required under subparagraph (A) shall evaluate—
(i) the economic impact of vessel delays or cancellations associated with ice coverage on the Great Lakes;
(ii) mission needs of the Coast Guard Great Lakes
icebreaking program;
(iii) the impact that the proposed standards
described in paragraph (2) would have on—
(I) Coast Guard operations in the Great Lakes;
(II) Northeast icebreaking missions; and
(III) inland waterway operations;
(iv) a fleet mix analysis for meeting such proposed
standards;

H. R. 7776—1620
(v) a description of the resources necessary to support the fleet mix resulting from such fleet mix analysis, including billets for crew and operating costs;
and
(vi) recommendations to the Commandant for
Improvements to the Great Lakes icebreaking program,
including with respect to facilitating commerce and
meeting all Coast Guard mission needs.
(2) PROPOSED STANDARDS FOR ICEBREAKING OPERATIONS.—
The proposed standards described in this subsection are the
following:
(A) Except as provided in subparagraph (B), the Commandant shall keep ice-covered waterways in the Great
Lakes open to navigation during not less than 90 percent
of the hours that commercial vessels and ferries attempt
to transit such ice-covered waterways.
(B) In a year in which the Great Lakes are not open
to navigation, because of ice of a thickness that occurs
on average only once every 10 years, the Commandant
shall keep ice-covered waterways in the Great Lakes open
to navigation during not less than 70 percent of the hours
that commercial vessels and ferries attempt to transit such
ice-covered waterways.
(3) REPORT BY COMMANDANT.—Not later than 90 days after
the date on which the Comptroller General submits the report
under paragraph (1), the Commandant shall submit to the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that includes
the following:
(A) A plan for Coast Guard implementation of any
recommendation made by the Comptroller General under
paragraph (1)(B)(ii) that the Commandant considers appropriate.
(B) With respect to any recommendation made under
such paragraph that the Commandant declines to implement and a justification for such decision.
(C) A review of, and a proposed implementation plan
for, the results of the fleet mix analysis under paragraph
(1)(B)(iv).
(D) Any proposed modifications to the standards for
icebreaking operations in the Great Lakes.
(b) DEFINITIONS.—In this section:
(1) COMMERCIAL VESSEL.—The term ‘‘commercial vessel’’
means any privately owned cargo vessel operating in the Great
Lakes during the winter season of at least 500 tons, as measured under section 14502 of title 46, or an alternate tonnage
measured under section 14302 of such title, as prescribed by
the Secretary under section 14104 of such title.
(2) GREAT LAKES.—The term ‘‘Great Lakes’’ means the
United States waters of Lake Superior, Lake Michigan, Lake
Huron (including Lake St. Clair), Lake Erie, and Lake Ontario,
their connecting waterways, and their adjacent harbors, and
the connecting channels (including the following rivers and
tributaries of such rivers: Saint Mary’s River, Saint Clair River,
Detroit River, Niagara River, Illinois River, Chicago River,
Fox River, Grand River, St. Joseph River, St. Louis River,

H. R. 7776—1621
Menominee River, Muskegon River, Kalamazoo River, and
Saint Lawrence River to the Canadian border).
(3) ICE-COVERED WATERWAY.—The term ‘‘ice-covered waterway’’ means any portion of the Great Lakes in which commercial vessels or ferries operate that is 70 percent or greater
covered by ice, but does not include any waters adjacent to
piers or docks for which commercial icebreaking services are
available and adequate for the ice conditions.
(4) OPEN TO NAVIGATION.—The term ‘‘open to navigation’’
means navigable to the extent necessary, in no particular order
of priority, to meet the reasonable demands of commerce, minimize delays to passenger ferries, extricate vessels and individuals from danger, prevent damage due to flooding, and conduct
other Coast Guard missions (as required).
(5) REASONABLE DEMANDS OF COMMERCE.—The term
‘‘reasonable demands of commerce’’ means the safe movement
of commercial vessels and ferries transiting ice-covered waterways in the Great Lakes, regardless of type of cargo, at a
speed consistent with the design capability of Coast Guard
icebreakers operating in the Great Lakes and appropriate to
the ice capability of the commercial vessel.
SEC. 11213. DATABASE ON ICEBREAKING OPERATIONS IN GREAT
LAKES.

(a) IN GENERAL.—The Commandant shall establish and maintain a database for collecting, archiving, and disseminating data
on icebreaking operations and commercial vessel and ferry transit
in the Great Lakes during ice season.
(b) ELEMENTS.—The database required under subsection (a)
shall include the following:
(1) Attempts by commercial vessels and ferries to transit
ice-covered waterways in the Great Lakes that are unsuccessful
because of inadequate icebreaking.
(2) The period of time that each commercial vessel or
ferry was unsuccessful at transit described in paragraph (1)
due to inadequate icebreaking.
(3) The amount of time elapsed before each such commercial
vessel or ferry was successfully broken out of the ice and
whether it was accomplished by the Coast Guard or by commercial icebreaking assets.
(4) Relevant communications of each such commercial
vessel or ferry with the Coast Guard and with commercial
icebreaking services during such period.
(5) A description of any mitigating circumstance, such as
Coast Guard icebreaker diversions to higher priority missions,
that may have contributed to the amount of time described
in paragraph (3).
(c) VOLUNTARY REPORTING.—Any reporting by operators of
commercial vessels or ferries under this section shall be voluntary.
(d) PUBLIC AVAILABILITY.—The Commandant shall make the
database available to the public on a publicly accessible website
of the Coast Guard.
(e) CONSULTATION WITH INDUSTRY.—With respect to the Great
Lakes icebreaking operations of the Coast Guard and the development of the database required under subsection (a), the Commandant shall consult operators of commercial vessels and ferries.

H. R. 7776—1622
(f) PUBLIC REPORT.—Not later than July 1 after the first winter
in which the Commandant is subject to the requirements of section
564 of title 14, United States Code, the Commandant shall publish
on a publicly accessible website of the Coast Guard a report on
the cost to the Coast Guard of meeting the requirements of such
section.
(g) DEFINITIONS.—In this section:
(1) COMMERCIAL VESSEL.—The term ‘‘commercial vessel’’
means any privately owned cargo vessel operating in the Great
Lakes during the winter season of at least 500 tons, as measured under section 14502 of title 46, United States Code, or
an alternate tonnage measured under section 14302 of such
title, as prescribed by the Secretary under section 14104 of
such title.
(2) GREAT LAKES.—The term ‘‘Great Lakes’’ means the
United States waters of Lake Superior, Lake Michigan, Lake
Huron (including Lake St. Clair), Lake Erie, and Lake Ontario,
their connecting waterways, and their adjacent harbors, and
the connecting channels (including the following rivers and
tributaries of such rivers: Saint Mary’s River, Saint Clair River,
Detroit River, Niagara River, Illinois River, Chicago River,
Fox River, Grand River, St. Joseph River, St. Louis River,
Menominee River, Muskegon River, Kalamazoo River, and
Saint Lawrence River to the Canadian border).
(3) ICE-COVERED WATERWAY.—The term ‘‘ice-covered waterway’’ means any portion of the Great Lakes in which commercial vessels or ferries operate that is 70 percent or greater
covered by ice, but does not include any waters adjacent to
piers or docks for which commercial icebreaking services are
available and adequate for the ice conditions.
(4) OPEN TO NAVIGATION.—The term ‘‘open to navigation’’
means navigable to the extent necessary to—
(A) extricate vessels and individuals from danger;
(B) prevent damage due to flooding;
(C) meet the reasonable demands of commerce;
(D) minimize delays to passenger ferries; and
(E) conduct other Coast Guard missions as required.
(5) REASONABLE DEMANDS OF COMMERCE.—The term
‘‘reasonable demands of commerce’’ means the safe movement
of commercial vessels and ferries transiting ice-covered waterways in the Great Lakes, regardless of type of cargo, at a
speed consistent with the design capability of Coast Guard
icebreakers operating in the Great Lakes and appropriate to
the ice capability of the commercial vessel.
SEC. 11214. CENTER OF EXPERTISE FOR GREAT LAKES OIL SPILL
SEARCH AND RESPONSE.

Section 807(d) of the Frank LoBiondo Coast Guard Authorization Act of 2018 (14 U.S.C. 313 note) is amended to read as follows:
‘‘(d) DEFINITION.—In this section, the term ‘Great Lakes’
means—
‘‘(1) Lake Ontario;
‘‘(2) Lake Erie;
‘‘(3) Lake Huron (including Lake St. Clair);
‘‘(4) Lake Michigan;
‘‘(5) Lake Superior; and

H. R. 7776—1623
‘‘(6) the connecting channels (including the following rivers
and tributaries of such rivers: Saint Mary’s River, Saint Clair
River, Detroit River, Niagara River, Illinois River, Chicago
River, Fox River, Grand River, St. Joseph River, St. Louis
River, Menominee River, Muskegon River, Kalamazoo River,
and Saint Lawrence River to the Canadian border).’’.
SEC. 11215. GREAT LAKES SNOWMOBILE ACQUISITION PLAN.

(a) IN GENERAL.—The Commandant shall develop a plan to
expand snowmobile procurement for Coast Guard units for which
snowmobiles may improve ice rescue response times while
maintaining the safety of Coast Guard personnel engaged in ice
search and rescue. The plan shall include consideration of input
from Officers in Charge, commanding officers, and commanders
of such units.
(b) ELEMENTS.—The plan required under subsection (a) shall
include—
(1) a consideration of input from Officers in Charge, commanding officers, and commanders of Coast Guard units
described in subsection (a);
(2) a detailed description of the estimated costs of procuring, maintaining, and training members of the Coast Guard
at such units to use snowmobiles; and
(3) an assessment of—
(A) the degree to which snowmobiles may improve
ice rescue response times while maintaining the safety
of Coast Guard personnel engaged in ice search and rescue;
(B) the operational capabilities of a snowmobile, as
compared to an airboat, and a force laydown assessment
with respect to the assets needed for effective operations
at Coast Guard units conducting ice search and rescue
activities; and
(C) the potential risks to members of the Coast Guard
and members of the public posed by the use of snowmobiles
by members of the Coast Guard for ice search and rescue
activities.
(c) PUBLIC AVAILABILITY.—Not later than 1 year after the date
of enactment of this Act, the Commandant shall finalize the plan
required under subsection (a) and make the plan available on
a publicly accessible website of the Coast Guard.
SEC. 11216. GREAT LAKES BARGE INSPECTION EXEMPTION.

Section 3302(m) of title 46, United States Code, is amended—
(1) in the matter preceding paragraph (1) by inserting
‘‘or a Great Lakes barge’’ after ‘‘seagoing barge’’; and
(2) by striking ‘‘section 3301(6) of this title’’ and inserting
‘‘paragraph (6) or (13) of section 3301 of this title’’.
SEC. 11217. STUDY ON SUFFICIENCY OF COAST GUARD AVIATION
ASSETS TO MEET MISSION DEMANDS.

(a) IN GENERAL.—Not later than 1 year after the date of enactment of this Act, the Commandant shall submit to the Committee
on Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives a report on—
(1) the force laydown of Coast Guard aviation assets; and

H. R. 7776—1624
(2) any geographic gaps in coverage by Coast Guard assets
in areas in which the Coast Guard has search and rescue
responsibilities.
(b) ELEMENTS.—The report required under subsection (a) shall
include the following:
(1) The distance, time, and weather challenges that MH–
65 and MH–60 units may face in reaching the outermost limits
of the area of operation of Coast Guard District 8 and Coast
Guard District 9 for which such units are responsible.
(2) An assessment of the advantages that Coast Guard
fixed-wing assets, or an alternate rotary wing asset, would
offer to the outermost limits of any area of operation for purposes of search and rescue, law enforcement, ice operations,
and logistical missions.
(3) A comparison of advantages and disadvantages of the
manner in which each of the Coast Guard fixed-wing aircraft
would operate in the outermost limits of any area of operation.
(4) A specific assessment of the coverage gaps, including
gaps in fixed-wing coverage, and potential solutions to address
such gaps in the area of operation of Coast Guard District
8 and Coast Guard District 9, including the eastern region
of such area of operation with regard to Coast Guard District
9 and the southern region of such area of operation with regard
to Coast Guard District 8.

Subtitle C—Arctic
SEC. 11218. ESTABLISHMENT OF MEDIUM ICEBREAKER PROGRAM
OFFICE.

(a) IN GENERAL.—Not later than 180 days after the date of
enactment of this Act, the Commandant, in consultation with the
heads of the other Federal agencies as appropriate, shall submit
to the Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Transportation and Infrastructure
of the House of Representatives a report to establish a fleet mix
analysis with respect to polar icebreakers and icebreaking tugs.
(b) CONTENTS.—The report required under subsection (a) shall
include—
(1) a full fleet mix of heavy and medium icebreaker and
140-foot icebreaking tug replacements, including cost and
timelines for the acquisition of such vessels;
(2) a revised time table showing the construction, commissioning, and acceptance of planned Polar Security Cutters 1
through 3, as of the date of report;
(3) a comparison and alternatives analysis of the costs
and timeline of constructing 2 Polar Security Cutters beyond
the construction of 3 such vessels rather than constructing
3 Arctic Security Cutters, including the cost of planning, design,
and engineering of a new class of ships, which shall include
the increased costs resulting from the delays in building a
new class of cutters rather than building 2 additional cutters
from an ongoing production line;
(4) the operational benefits, limitations, and risks of a
common hull design for polar icebreaking cutters for operation
in the polar regions;

H. R. 7776—1625
(5) the operational benefits, limitations, and risks of a
common hull design for icebreaking tugs for operation in the
Northeastern United States; and
(6) the cost and timetable for replacing the Coast Guard
Cutter Healy (WAGB 20) as—
(A) a Polar Security Cutter;
(B) an Arctic Security Cutter; or
(C) other platform as determined by the Commandant.
(c) QUARTERLY BRIEFINGS.—As part of quarterly acquisition
briefings provided by the Commandant to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives, the Commandant shall include an update on the status
of—
(1) all acquisition activities related to the Polar Security
Cutter;
(2) the performance of the entity which the Coast Guard
has contracted with for detailed design and construction of
the Polar Security Cutter; and
(3) the requirements for the planning, detailed design,
engineering, and construction of the—
(A) Arctic Security Cutter; and
(B) Great Lakes Icebreaker.
(d) LIMITATION.—The report required to be submitted under
subsection (a) shall not include an analysis of the Great Lakes
Icebreaker authorized under section 11104.
(e) ESTABLISHMENT OF THE ARCTIC SECURITY CUTTER PROGRAM
OFFICE.—
(1) DETERMINATION.—Not later than 90 days after the
submission of the report under subsection (a), the Commandant
shall determine if constructing additional Polar Security Cutters is more cost effective and efficient than constructing 3
Arctic Security Cutters.
(2) ESTABLISHMENT.—If the Commandant determines under
paragraph (1) that it is more cost effective to build 3 Arctic
Security Cutters than to build additional Polar Security Cutters
or if the Commandant fails to make a determination under
paragraph (1) by June 1, 2024, the Commandant shall establish
a program office for the acquisition of the Arctic Security Cutter
not later than January 1, 2025.
(3) REQUIREMENTS AND DESIGN PHASE.—Not later than 270
days after the date on which the Commandant establishes
a program office under paragraph (2), the Commandant shall
complete the evaluation of requirements for the Arctic Security
Cutter and initiate the design phase of the Arctic Security
Cutter vessel class.
(f) QUARTERLY BRIEFINGS.—Not less frequently than quarterly
until the date on which a contract for acquisition of the Arctic
Security Cutter is awarded under chapter 11 of title 14, United
States Code, the Commandant shall provide to the Committee on
Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a briefing on the status of requirements evaluations,
design of the vessel, and schedule of the program.

H. R. 7776—1626
SEC. 11219. ARCTIC ACTIVITIES.

(a) ARCTIC OPERATIONAL IMPLEMENTATION REPORT.—Not later
than 1 year after the date of enactment of this Act, the Secretary
shall submit to the appropriate committees of Congress a report
that describes the ability and timeline to conduct a transit of
the Northern Sea Route and periodic transits of the Northwest
Passage.
(b) DEFINITIONS.—In this section:
(1) APPROPRIATE COMMITTEES OF CONGRESS.—The term
‘‘appropriate committees of Congress’’ means—
(A) the Committee on Commerce, Science, and
Transportation of the Senate; and
(B) the Committee on Transportation and Infrastructure of the House of Representatives.
(2) ARCTIC.—The term ‘‘Arctic’’ has the meaning given such
term in section 112 of the Arctic Research and Policy Act
of 1984 (15 U.S.C. 4111).
SEC. 11220. STUDY ON ARCTIC OPERATIONS AND INFRASTRUCTURE.

(a) IN GENERAL.—Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States
shall commence a study on the Arctic operations and infrastructure
of the Coast Guard.
(b) ELEMENTS.—The study required under subsection (a) shall
assess the following:
(1) The extent of the collaboration between the Coast Guard
and the Department of Defense to assess, manage, and mitigate
security risks in the Arctic region.
(2) Actions taken by the Coast Guard to manage risks
to Coast Guard operations, infrastructure, and workforce planning in the Arctic.
(3) The plans the Coast Guard has in place for managing
and mitigating the risks to commercial maritime operations
and the environment in the Arctic region.
(c) REPORT.—Not later than 1 year after commencing the study
required under subsection (a), the Comptroller General shall submit
to the Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Transportation and Infrastructure
of the House of Representatives a report on the findings of the
study.
SEC. 11221. PRIBILOF ISLAND TRANSITION COMPLETION ACTIONS.

(a) ACTUAL USE AND OCCUPANCY REPORTS.—Not later than
90 days after enactment of this Act, and quarterly thereafter, the
Secretary shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee
on Commerce, Science, and Transportation of the Senate a report
describing—
(1) the degree to which Coast Guard personnel and equipment are deployed to St. Paul Island, Alaska, in actual occupancy of the facilities, as required under section 524 of the
Pribilof Island Transition Completion Act of 2016 (Public Law
114–120); and
(2) the status of the activities described in subsections
(c) and (d) until such activities have been completed.
(b) AIRCRAFT HANGER.—The Secretary may—

H. R. 7776—1627
(1) enter into a lease for a hangar to house deployed Coast
Guard aircraft if such hanger was previously under lease by
the Coast Guard for purposes of housing such aircraft; and
(2) enter into an agreement with the lessor of such a
hanger in which the Secretary may carry out repairs necessary
to support the deployment of such aircraft and the cost of
such repairs may be offset under the terms of the lease.
(c) FUEL TANK.—
(1) IN GENERAL.—Not later than 30 days after the date
of enactment of this Act, the Commandant shall notify the
Alaska Native Village Corporation for St. Paul Island, Alaska
of the availability of any fuel tank—
(A) which is located on property on St. Paul Island,
Alaska, which is leased by the Coast Guard for the purpose
of housing such a fuel tank; and
(B) for which the Commandant has determined that
the Coast Guard no longer has an operational need.
(2) TRANSFER.—If not later than 30 days after a notification
under subsection (a), the Alaska Native Village Corporation
for St. Paul Island, Alaska requests that the ownership of
the tank be transferred to such corporation then the Commandant shall—
(A) after conducting any necessary environmental
remediation pursuant to the lease referred to in paragraph
(1)(A), transfer ownership of such fuel tank to such corporation; and
(B) upon the date of such transfer, terminate the lease
referred to in paragraph (1)(A).
(d) SAVINGS CLAUSE.—Nothing in this section shall be construed
to limit any rights of the Alaska Native Village Corporation for
St. Paul to receive conveyance of all or part of the lands and
improvements related to Tract 43 under the same terms and conditions as prescribed in section 524 of the Pribilof Island Transition
Completion Act of 2016 (Public Law 114–120).
SEC. 11222. REPORT ON SHIPYARDS OF FINLAND AND SWEDEN.

Not later than 2 years after the date of enactment of this
Act, the Commandant, in consultation with the Comptroller General
of the United States, shall submit to Congress a report that analyzes
the shipyards of Finland and Sweden to assess future opportunities
for technical assistance related to engineering to aid the Coast
Guard in fulfilling its future mission needs.
SEC. 11223. ACQUISITION OF ICEBREAKER.

(a) IN GENERAL.—The Commandant may acquire or procure
1 United States built available icebreaker.
(b) EXEMPTIONS FROM REQUIREMENTS.—
(1) IN GENERAL.—Sections 1131, 1132(a)(2), 1132(c), 1133,
and 1171 of title 14, United States Code, shall not apply to
an acquisition or procurement under subsection (a).
(2) ADDITIONAL EXCEPTIONS.—Paragraphs (1), (3), (4), and
(5) of subsection (a) and subsections (b), (d), and (e) of section
1132 of title 14, United States Code, shall apply to an acquisition or procurement under subsection (a) until the first phase
of the initial acquisition or procurement is complete and initial
operating capacity is achieved.
(c) SCIENCE MISSION REQUIREMENTS.—For any available icebreaker acquired or procured under subsection (a), the Commandant

H. R. 7776—1628
shall ensure scientific research capacity comparable to the Coast
Guard Cutter Healy (WAGB 20), for the purposes of hydrographic,
bathymetric, oceanographic, weather, atmospheric, climate, fisheries, marine mammals, genetic and other data related to the
Arctic, and other research as the Under Secretary determines appropriate.
(d) OPERATIONS AND AGREEMENTS.—
(1) COAST GUARD.—With respect to any available icebreaker
acquired or procured under subsection (a), the Secretary shall
be responsible for any acquisition, retrofitting, operation, and
maintenance costs necessary to achieve full operational capability, including testing, installation, and acquisition, including
for the suite of hull-mounted, ship-provided scientific
instrumentation and equipment for data collection.
(2) NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION.—The Under Secretary shall not be responsible for the
costs of retrofitting any available icebreaker acquired or procured under subsection (a), including costs relating to—
(A) vessel maintenance, construction, operations, and
crewing other than the science party; and
(B) making such icebreaker capable of conducting the
research described in subsection (c), including design,
procurement of laboratory space and equipment, and modification of living quarters.
(3) RESPONSIBILITY OF UNDER SECRETARY.—The Under Secretary shall be responsible for costs related to—
(A) the science party;
(B) the scientific mission; and
(C) other scientific assets and equipment that augment
such icebreaker beyond full operational capacity as determined by the Under Secretary and Commandant.
(4) MEMORANDUM OF AGREEMENT.—The Commandant and
the Under Secretary shall enter into a memorandum of agreement to facilitate science activities, data collection, and other
procedures necessary to meet the requirements of this section.
(e) RESTRICTION AND BRIEFING.—Not later than 60 days after
the date of enactment of this Act, the Commandant shall brief
the appropriate congressional committees with respect to available
icebreaker acquired or procured under subsection (a) on—
(1) a proposed concept of operations of such icebreaker;
(2) a detailed cost estimate for such icebreaker, including
estimated costs for acquisition, modification, shoreside infrastructure, crewing, and maintaining such an icebreaker by year
for the estimated service life of such icebreaker; and
(3) the expected capabilities of such icebreaker as compared
to the capabilities of a fully operational Coast Guard built
Polar Security Cutter for each year in which such an icebreaker
is anticipated to serve in lieu of such a cutter and the projected
annual costs to achieve such anticipated capabilities.
(f) INTERIM REPORT.—Not later than 30 days after the date
of enactment of this Act, and not later than every 90 days thereafter
until any available icebreaker acquired or procured under subsection (a) has reached full operational capability, the Commandant
shall provide to the appropriate Committees of Congress an interim
report of the status and progress of all elements under subsection
(d).

H. R. 7776—1629
(g) RULE OF CONSTRUCTION.—Nothing in this section shall effect
acquisitions of vessels by the Under Secretary.
(h) SAVINGS CLAUSE.—
(1) IN GENERAL.—Any operations necessary for the saving
of life or property at sea, response to environmental pollution,
national security, defense readiness, or other missions as determined by the Commandant shall take priority over any scientific or economic missions under subsection (c).
(2) AUGMENTATION.—Any available icebreaker acquired or
procured under subsection (a) shall augment the Coast Guard
mission in the Arctic, including by conducting operations and
missions that are in addition to missions conducted by the
Coast Guard Cutter Healy (WAGB 20) in the region.
(i) DEFINITIONS.—In this section:
(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term
‘‘appropriate congressional committees’’ means the Committee
on Transportation and Infrastructure and the Committee on
Appropriations of the House of Representatives and the Committee on Commerce, Science, and Transportation and the Committee on Appropriations of the Senate.
(2) ARCTIC.—The term ‘‘Arctic’’ has the meaning given such
term in section 112 of the Arctic Research and Policy Act
of 1984 (15 U.S.C. 4111).
(3) AVAILABLE ICEBREAKER.—The term ‘‘available icebreaker’’ means a vessel that—
(A) is capable of—
(i) supplementing United States Coast Guard polar
icebreaking capabilities in the Arctic region of the
United States;
(ii) projecting United States sovereignty;
(iii) ensuring a continuous operational capability
in the Arctic region of the United States;
(iv) carrying out the primary duty of the Coast
Guard described in section 103(7) of title 14, United
States Code; and
(v) collecting hydrographic, environmental, and climate data; and
(B) is documented with a coastwise endorsement under
chapter 121 of title 46, United States Code.
(4) UNDER SECRETARY.—The term ‘‘Under Secretary’’ means
the Under Secretary of Commerce for Oceans and Atmosphere.
(j) SUNSET.—The authority under subsections (a) through (c)
shall expire on the date that is 3 years after the date of enactment
of this Act.

Subtitle D—Maritime Cyber and Artificial
Intelligence
SEC. 11224. ENHANCING MARITIME CYBERSECURITY.

(a) DEFINITIONS.—In this section:
(1) CYBER INCIDENT.—The term ‘‘cyber incident’’ means
an occurrence that actually or imminently jeopardizes, without
lawful authority, the integrity, confidentiality, or availability
of information on an information system, or actually or
imminently jeopardizes, without lawful authority, an information system.

H. R. 7776—1630
(2) MARITIME OPERATORS.—The term ‘‘maritime operators’’
means the owners or operators of vessels engaged in commercial
service, the owners or operators of facilities, and port authorities.
(3) FACILITIES.—The term ‘‘facilities’’ has the meaning given
the term ‘‘facility’’ in section 70101 of title 46, United States
Code.
(b) PUBLIC AVAILABILITY OF CYBERSECURITY TOOLS AND
RESOURCES.—
(1) IN GENERAL.—Not later than 2 years after the date
of enactment of this Act, the Commandant, in coordination
with the Administrator of the Maritime Administration, the
Director of the Cybersecurity and Infrastructure Security
Agency, and the Director of the National Institute of Standards
and Technology, shall identify and make available to the public
a list of tools and resources, including the resources of the
Coast Guard and the Cybersecurity and Infrastructure Security
Agency, designed to assist maritime operators in identifying,
detecting, protecting against, mitigating, responding to, and
recovering from cyber incidents.
(2) IDENTIFICATION.—In carrying out paragraph (1), the
Commandant, the Administrator of the Maritime Administration, the Director of the Cybersecurity and Infrastructure Security Agency, and the Director of the National Institute of Standards and Technology shall identify tools and resources that—
(A) comply with the cybersecurity framework for
improving critical infrastructure established by the
National Institute of Standards and Technology; or
(B) use the guidelines on maritime cyber risk management issued by the International Maritime Organization
on July 5, 2017 (or successor guidelines).
(3) CONSULTATION.—The Commandant, the Administrator
of the Maritime Administration, the Director of the Cybersecurity and Infrastructure Security Agency, and the Director of
the National Institute of Standards and Technology may consult
with maritime operators, other Federal agencies, industry
stakeholders, and cybersecurity experts to identify tools and
resources for purposes of this section.
SEC. 11225. ESTABLISHMENT OF UNMANNED SYSTEM PROGRAM AND
AUTONOMOUS CONTROL AND COMPUTER VISION TECHNOLOGY PROJECT.

(a) IN GENERAL.—Section 319 of title 14, United States Code,
is amended to read as follows:
‘‘§ 319. Unmanned system program and autonomous control
and computer vision technology project
‘‘(a) UNMANNED SYSTEM PROGRAM.—Not later than 2 years
after the date of enactment of this section, the Secretary shall
establish, under the control of the Commandant, an unmanned
system program for the use by the Coast Guard of land-based,
cutter-based, and aircraft-based unmanned systems for the purpose
of increasing effectiveness and efficiency of mission execution.
‘‘(b) AUTONOMOUS CONTROL AND COMPUTER VISION TECHNOLOGY PROJECT.—

H. R. 7776—1631
‘‘(1) IN GENERAL.—The Commandant shall conduct a project
to retrofit 2 or more existing Coast Guard small boats deployed
at operational units with—
‘‘(A) commercially available autonomous control and
computer vision technology; and
‘‘(B) such sensors and methods of communication as
are necessary to control, and technology to assist in conducting, search and rescue, surveillance, and interdiction
missions.
‘‘(2) DATA COLLECTION.—As part of the project required
under paragraph (1), the Commandant shall collect and
evaluate field-collected operational data from the retrofit
described in such paragraph to inform future requirements.
‘‘(3) BRIEFING.—Not later than 180 days after the date
on which the project required under paragraph (1) is completed,
the Commandant shall provide to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee
on Transportation and Infrastructure of the House of Representatives a briefing on the project that includes an evaluation of the data collected from the project.
‘‘(c) UNMANNED SYSTEM DEFINED.—In this section, the term
‘unmanned system’ means—
‘‘(1) an unmanned aircraft system (as such term is defined
in section 44801 of title 49);
‘‘(2) an unmanned marine surface system; and
‘‘(3) an unmanned marine subsurface system.’’.
(b) CLERICAL AMENDMENT.—The analysis for chapter 3 of title
14, United States Code, is amended by striking the item relating
to section 319 and inserting the following:
‘‘319. Unmanned system program and autonomous control and computer vision technology project.’’.

(c) SUBMISSION TO CONGRESS.—Not later than 180 days after
the date of enactment of this Act, the Commandant shall submit
to the Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a detailed description of the strategy
of the Coast Guard to implement unmanned systems across mission
areas, including—
(1) the steps taken to implement actions recommended
in the consensus study report of the National Academies of
Sciences, Engineering, and Medicine titled ‘‘Leveraging
Unmanned Systems for Coast Guard Missions: A Strategic
Imperative’’, published on November 12, 2020;
(2) the strategic goals and acquisition strategies for proposed uses and procurements of unmanned systems;
(3) a strategy to sustain competition and innovation for
procurement of unmanned systems and services for the Coast
Guard, including defining opportunities for new and existing
technologies; and
(4) an estimate of the timeline, costs, staff resources, technology, or other resources necessary to accomplish the strategy.
(d) COST ASSESSMENT.—Not later than 1 year after the date
of the enactment of this Act, the Commandant shall provide to
Congress an estimate of the costs associated with implementing
the amendments made by this section.

H. R. 7776—1632
SEC. 11226. ARTIFICIAL INTELLIGENCE STRATEGY.

(a) COORDINATION OF DATA AND ARTIFICIAL INTELLIGENCE
ACTIVITIES RELATING TO IDENTIFYING, DEMONSTRATING, AND WHERE
APPROPRIATE TRANSITIONING TO OPERATIONAL USE.—
(1) IN GENERAL.—The Commandant shall coordinate data
and artificial intelligence activities relating to identifying, demonstrating and where appropriate transitioning to operational
use of artificial intelligence technologies when such technologies
enhance mission capability or performance.
(2) EMPHASIS.—The set of activities established under paragraph (1) shall—
(A) apply data analytics, artificial intelligence, and
machine-learning solutions to operational and mission-support problems; and
(B) coordinate activities involving artificial intelligence
and artificial intelligence-enabled capabilities within the
Coast Guard.
(b) DESIGNATED OFFICIAL.—
(1) IN GENERAL.—Not later than 1 year after the date
of enactment of this Act, the Commandant shall designate
a senior official of the Coast Guard (referred to in this section
as the ‘‘designated official’’) with the principal responsibility
for the coordination of data and artificial intelligence activities
relating to identifying, demonstrating, and, where appropriate,
transitioning to operational use artificial intelligence and
machine learning for the Coast Guard.
(2) GOVERNANCE AND OVERSIGHT OF ARTIFICIAL INTELLIGENCE AND MACHINE LEARNING POLICY.—The designated official shall regularly convene appropriate officials of the Coast
Guard—
(A) to integrate the functional activities of the Coast
Guard with respect to data, artificial intelligence, and
machine learning;
(B) to ensure that there are efficient and effective
data, artificial intelligence, and machine-learning capabilities throughout the Coast Guard, where appropriate; and
(C) to develop and continuously improve research,
innovation, policy, joint processes, and procedures to facilitate the coordination of data and artificial intelligence
activities relating to identification, demonstration, and,
where appropriate, transition into operational use artificial
intelligence and machine learning throughout the Coast
Guard.
(c) STRATEGIC PLAN.—
(1) IN GENERAL.—The designated official shall develop a
strategic plan to coordinate activities relating to identifying,
demonstrating, and transitioning artificial intelligence technologies into operational use where appropriate.
(2) ELEMENTS.—The plan required by paragraph (1) shall
include the following:
(A) A strategic roadmap for the coordination of data
and artificial intelligence activities for the identification,
demonstration, and transition to operational use, where
appropriate, artificial intelligence technologies and key
enabling capabilities.
(B) The continuous identification, evaluation, and
adaptation of relevant artificial intelligence capabilities

H. R. 7776—1633
adopted by the Coast Guard and developed and adopted
by other organizations for military missions and business
operations.
(C) Consideration of the identification, adoption, and
procurement of artificial intelligence technologies for use
in operational and mission support activities.
(3) SUBMISSION TO COMMANDANT.—Not later than 2 years
after the date of enactment of this Act, the designated official
shall submit to the Commandant the plan developed under
paragraph (1).
(4) SUBMISSION TO CONGRESS.—Not later than 2 years after
the date of enactment of this Act, the Commandant shall submit
to the Committee on Commerce, Science, and Transportation
of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives the plan developed
under paragraph (1).
SEC. 11227. REVIEW OF ARTIFICIAL INTELLIGENCE APPLICATIONS AND
ESTABLISHMENT OF PERFORMANCE METRICS.

(a) IN GENERAL.—Not later than 2 years after the date of
enactment of this Act, the Commandant shall—
(1) review the potential applications of artificial intelligence
and digital technology to the platforms, processes, and operations of the Coast Guard;
(2) identify the resources necessary to improve the use
of artificial intelligence and digital technology in such platforms, processes, and operations; and
(3) establish performance objectives and accompanying
metrics for the incorporation of artificial intelligence and digital
readiness into such platforms, processes, and operations.
(b) PERFORMANCE OBJECTIVES AND ACCOMPANYING METRICS.—
(1) SKILL GAPS.—In carrying out subsection (a), the Commandant shall—
(A) conduct a comprehensive review and assessment
of—
(i) skill gaps in the fields of software development,
software engineering, data science, and artificial intelligence;
(ii) the qualifications of civilian personnel needed
for both management and specialist tracks in such
fields; and
(iii) the qualifications of military personnel (officer
and enlisted) needed for both management and specialist tracks in such fields; and
(B) establish recruiting, training, and talent management performance objectives and accompanying metrics for
achieving and maintaining staffing levels needed to fill
identified gaps and meet the needs of the Coast Guard
for skilled personnel.
(2) AI MODERNIZATION ACTIVITIES.—In carrying out subsection (a), the Commandant shall—
(A) assess investment by the Coast Guard in artificial
intelligence innovation, science and technology, and
research and development;
(B) assess investment by the Coast Guard in test and
evaluation of artificial intelligence capabilities;

H. R. 7776—1634
(C) assess the integration of, and the resources necessary to better use artificial intelligence in wargames,
exercises, and experimentation;
(D) assess the application of, and the resources necessary to better use, artificial intelligence in logistics and
sustainment systems;
(E) assess the integration of, and the resources necessary to better use, artificial intelligence for administrative functions;
(F) establish performance objectives and accompanying
metrics for artificial intelligence modernization activities
of the Coast Guard; and
(G) identify the resources necessary to effectively use
artificial intelligence to carry out the missions of the Coast
Guard.
(c) REPORT TO CONGRESS.—Not later than 180 days after the
completion of the review required under subsection (a)(1), the Commandant shall submit to the Committee on Commerce, Science,
and Transportation and the Committee on Appropriations of the
Senate and the Committee on Transportation and Infrastructure
and the Committee on Appropriations of the House of Representatives a report on—
(1) the findings of the Commandant with respect to such
review and any action taken or proposed to be taken by the
Commandant, and the resources necessary to address such
findings;
(2) the performance objectives and accompanying metrics
established under subsections (a)(3) and (b)(1)(B); and
(3) any recommendation with respect to proposals for legislative change necessary to successfully implement artificial
intelligence applications within the Coast Guard.
SEC. 11228. CYBER DATA MANAGEMENT.

(a) IN GENERAL.—The Commandant and the Director of the
Cybersecurity and Infrastructure Security Agency shall—
(1) develop policies, processes, and operating procedures
governing—
(A) access to and the ingestion, structure, storage, and
analysis of information and data relevant to the Coast
Guard Cyber Mission, including—
(i) intelligence data relevant to Coast Guard missions;
(ii) internet traffic, topology, and activity data relevant to such missions; and
(iii) cyber threat information relevant to such missions; and
(B) data management and analytic platforms relating
to such missions; and
(2) evaluate data management platforms referred to in
paragraph (1)(B) to ensure that such platforms operate consistently with the Coast Guard Data Strategy.
(b) REPORT.—Not later than 1 year after the date of enactment
of this Act, the Commandant shall submit to the Committee on
Commerce, Science, and Transportation and the Committee on
Homeland Security and Governmental Affairs of the Senate and

H. R. 7776—1635
the Committee on Transportation and Infrastructure and the Committee on Homeland Security of the House of Representatives a
report that includes—
(1) an assessment of the progress on the activities required
by subsection (a); and
(2) any recommendation with respect to funding or additional authorities necessary, including proposals for legislative
change, to improve Coast Guard cyber data management.
SEC. 11229. DATA MANAGEMENT.

Section 504(a) of title 14, United States Code, is amended—
(1) in paragraph (24) by striking ‘‘; and’’ and inserting
a semicolon;
(2) in paragraph (25) by striking the period and inserting
‘‘; and’’; and
(3) by adding at the end the following:
‘‘(26) develop data workflows and processes for the
leveraging of mission-relevant data by the Coast Guard to
enhance operational effectiveness and efficiency.’’.
SEC. 11230. STUDY ON CYBER THREATS TO UNITED STATES MARINE
TRANSPORTATION SYSTEM.

(a) IN GENERAL.—Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States
shall commence a study on cyber threats to the United States
marine transportation system.
(b) ELEMENTS.—The study required under paragraph (1) shall
assess the following:
(1) The extent to which the Coast Guard, in collaboration
with other Federal agencies, sets standards for the cybersecurity of facilities and vessels regulated under part 104, 105,
or 106 of title 33, Code of Federal Regulations, as in effect
on the date of enactment of this Act.
(2) The manner in which the Coast Guard ensures cybersecurity standards are followed by port, vessel, and facility owners
and operators.
(3) The extent to which maritime sector-specific planning
addresses cybersecurity, particularly for vessels and offshore
platforms.
(4) The manner in which the Coast Guard, other Federal
agencies, and vessel and offshore platform operators exchange
information regarding cyber risks.
(5) The extent to which the Coast Guard is developing
and deploying cybersecurity specialists in port and vessel systems and collaborating with the private sector to increase the
expertise of the Coast Guard with respect to cybersecurity.
(6) The cyber resource and workforce needs of the Coast
Guard necessary to meet future mission demands.
(c) REPORT.—Not later than 1 year after commencing the study
required under subsection (a), the Comptroller General shall submit
to the Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Transportation and Infrastructure
of the House of Representatives a report on the findings of the
study.
(d) FACILITY DEFINED.—In this section, the term ‘‘facility’’ has
the meaning given the term in section 70101 of title 46, United
States Code.

H. R. 7776—1636

Subtitle E—Aviation
SEC. 11231. SPACE-AVAILABLE TRAVEL ON COAST GUARD AIRCRAFT:
PROGRAM AUTHORIZATION AND ELIGIBLE RECIPIENTS.

(a) IN GENERAL.—Subchapter I of chapter 5 of title 14, United
States Code, is amended by adding at the end the following:
‘‘§ 509. Space-available travel on Coast Guard aircraft
‘‘(a) ESTABLISHMENT.—
‘‘(1) IN GENERAL.—The Commandant may establish a program to provide transportation on Coast Guard aircraft on
a space-available basis to the categories of eligible individuals
described in subsection (c) (in this section referred to as the
‘program’).
‘‘(2) POLICY DEVELOPMENT.—Not later than 1 year after
the date on which the program is established, the Commandant
shall develop a policy for the operation of the program.
‘‘(b) OPERATION OF PROGRAM.—
‘‘(1) IN GENERAL.—The Commandant shall operate the program in a budget-neutral manner.
‘‘(2) LIMITATIONS.—
‘‘(A) IN GENERAL.—Except as provided in subparagraph
(B), no additional funds may be used, or flight hours performed, for the purpose of providing transportation under
the program.
‘‘(B) DE MINIMIS EXPENDITURES.—The Commandant
may make de minimis expenditures of resources required
for the administrative aspects of the program.
‘‘(3) REIMBURSEMENT NOT REQUIRED.—Eligible individuals
described in subsection (c) shall not be required to reimburse
the Coast Guard for travel provided under this section.
‘‘(c) CATEGORIES OF ELIGIBLE INDIVIDUALS.—Subject to subsection (d), the categories of eligible individuals described in this
subsection are the following:
‘‘(1) Members of the armed forces on active duty.
‘‘(2) Members of the Selected Reserve who hold a valid
Uniformed Services Identification and Privilege Card.
‘‘(3) Retired members of a regular or reserve component
of the armed forces, including retired members of reserve
components who, but for being under the eligibility age
applicable under section 12731 of title 10, would be eligible
for retired pay under chapter 1223 of title 10.
‘‘(4) Subject to subsection (f), veterans with a permanent
service-connected disability rated as total.
‘‘(5) Such categories of dependents of individuals described
in paragraphs (1) through (3) as the Commandant shall specify
in the policy under subsection (a)(2), under such conditions
and circumstances as the Commandant shall specify in such
policy.
‘‘(6) Such other categories of individuals as the Commandant considers appropriate.
‘‘(d) REQUIREMENTS.—In operating the program, the Commandant shall—
‘‘(1) in the sole discretion of the Commandant, establish
an order of priority for transportation for categories of eligible

H. R. 7776—1637
individuals that is based on considerations of military necessity,
humanitarian concerns, and enhancement of morale;
‘‘(2) give priority in consideration of transportation to the
demands of members of the armed forces in the regular components and in the reserve components on active duty and to
the need to provide such members, and their dependents, a
means of respite from such demands; and
‘‘(3) implement policies aimed at ensuring cost control (as
required under subsection (b)) and the safety, security, and
efficient processing of travelers, including limiting the benefit
under the program to 1 or more categories of otherwise eligible
individuals, as the Commandant considers necessary.
‘‘(e) TRANSPORTATION.—
‘‘(1) IN GENERAL.—Notwithstanding subsection (d)(1), in
establishing space-available transportation priorities under the
program, the Commandant shall provide transportation for an
individual described in paragraph (2), and a single dependent
of the individual if needed to accompany the individual, at
a priority level in the same category as the priority level for
an unaccompanied dependent over the age of 18 years traveling
on environmental and morale leave.
‘‘(2) INDIVIDUALS COVERED.—Subject to paragraph (3), paragraph (1) applies with respect to an individual described in
subsection (c)(3) who—
‘‘(A) resides in or is located in a Commonwealth or
possession of the United States; and
‘‘(B) is referred by a military or civilian primary care
provider located in that Commonwealth or possession to
a specialty care provider for services to be provided outside
of such Commonwealth or possession.
‘‘(3) APPLICATION TO CERTAIN RETIRED INDIVIDUALS.—If an
individual described in subsection (c)(3) is a retired member
of a reserve component who is ineligible for retired pay under
chapter 1223 of title 10 by reason of being under the eligibility
age applicable under section 12731 of title 10, paragraph (1)
applies to the individual only if the individual is also enrolled
in the TRICARE program for certain members of the Retired
Reserve authorized under section 1076e of title 10.
‘‘(4) PRIORITY.—The priority for space-available transportation required by this subsection applies with respect to—
‘‘(A) the travel from the Commonwealth or possession
of the United States to receive the specialty care services;
and
‘‘(B) the return travel.
‘‘(5) PRIMARY CARE PROVIDER AND SPECIALTY CARE PROVIDER
DEFINED.—In this subsection, the terms ‘primary care provider’
and ‘specialty care provider’ refer to a medical or dental professional who provides health care services under chapter 55 of
title 10.
‘‘(f) LIMITATIONS ON TRAVEL.—
‘‘(1) IN GENERAL.—Travel may not be provided under this
section to a veteran eligible for travel pursuant to paragraph
(4) of subsection (c) in priority over any member eligible for
travel under paragraph (1) of that subsection or any dependent
of such a member eligible for travel under this section.
‘‘(2) RULE OF CONSTRUCTION.—Subsection (c)(4) may not
be construed as—

H. R. 7776—1638
‘‘(A) affecting or in any way imposing on the Coast
Guard, any armed force, or any commercial entity with
which the Coast Guard or an armed force contracts, an
obligation or expectation that the Coast Guard or such
armed force will retrofit or alter, in any way, military
aircraft or commercial aircraft, or related equipment or
facilities, used or leased by the Coast Guard or such armed
force to accommodate passengers provided travel under
such authority on account of disability; or
‘‘(B) preempting the authority of an aircraft commander
to determine who boards the aircraft and any other matters
in connection with safe operation of the aircraft.
‘‘(g) APPLICATION OF SECTION.—The authority to provide
transportation under the program is in addition to any other
authority under law to provide transportation on Coast Guard aircraft on a space-available basis.’’.
(b) CLERICAL AMENDMENT.—The analysis for chapter 5 of title
14, United States Code, is amended by inserting after the item
relating to section 508 the following:
‘‘509. Space-available travel on Coast Guard aircraft.’’.
SEC. 11232. REPORT ON COAST GUARD AIR STATION BARBERS POINT
HANGAR.

(a) IN GENERAL.—Not later than 180 days after the date of
enactment of this Act, the Commandant shall submit to the Committee on Commerce, Science, and Transportation and the Committee on Appropriations of the Senate and the Committee on
Transportation and Infrastructure and the Committee on Appropriations of the House of Representatives a report on facilities requirements for constructing a hangar at Coast Guard Air Station Barbers
Point at Oahu, Hawaii.
(b) ELEMENTS.—The report required by subsection (a) shall
include the following:
(1) A description of the—
(A) $45,000,000 phase one design for the hangar at
Coast Guard Air Station Barbers Point funded by the
Consolidated Appropriations Act, 2021 (Public Law 116–
260; 134 Stat. 1132); and
(B) phase two facility improvements referenced in the
U.S. Coast Guard Unfunded Priority List for fiscal year
2023.
(2) An evaluation of the full facilities requirements for
such hangar and maintenance facility improvements to house,
maintain, and operate the MH–65 and HC–130J, including—
(A) storage and provision of fuel; and
(B) maintenance and parts storage facilities.
(3) An evaluation of facilities growth requirements for possible future basing of the MH–60 with the C–130J at Coast
Guard Air Station Barbers Point.
(4) A description of and cost estimate for each project
phase for the construction of such hangar and maintenance
facility improvements.
(5) A description of the plan for sheltering in the hangar
during extreme weather events aircraft of the Coast Guard
and partner agencies, such as the National Oceanic and
Atmospheric Administration.

H. R. 7776—1639
(6) A description of the risks posed to operations at Coast
Guard Air Station Barbers Point if future project phases for
the construction of such hangar are not funded.
SEC. 11233. STUDY ON OPERATIONAL AVAILABILITY OF COAST GUARD
AIRCRAFT AND STRATEGY FOR COAST GUARD AVIATION.

(a) STUDY.—
(1) IN GENERAL.—Not later than 1 year after the date
of enactment of this Act, the Comptroller General of the United
States shall commence a study on the operational availability
of Coast Guard aircraft.
(2) ELEMENTS.—The study required under paragraph (1)
shall include the following:
(A) An assessment of—
(i) the extent to which the fixed-wing and rotarywing aircraft of the Coast Guard have met annual
operational availability targets in recent years;
(ii) the challenges the Coast Guard may face with
respect to such aircraft meeting operational availability
targets, and the effects of such challenges on the ability
of the Coast Guard to meet mission requirements; and
(iii) the status of Coast Guard efforts to upgrade
or recapitalize its fleet of such aircraft to meet growth
in future mission demands globally, such as in the
Western Hemisphere, the Arctic region, and the
Western Pacific region.
(B) Any recommendation with respect to the operational availability of Coast Guard aircraft.
(C) The resource and workforce requirements necessary
for Coast Guard Aviation to meet current and future mission demands specific to each rotary-wing and fixed-wing
airframe type in the current inventory of the Coast Guard.
(3) REPORT.—On completion of the study required under
paragraph (1), the Comptroller General shall submit to the
Commandant a report on the findings of the study.
(b) COAST GUARD AVIATION STRATEGY.—
(1) IN GENERAL.—Not later than 180 days after the date
on which the study under subsection (a) is completed, the
Commandant shall develop a comprehensive strategy for Coast
Guard Aviation that is informed by the relevant recommendations and findings of the study.
(2) ELEMENTS.—The strategy required under paragraph (1)
shall include the following:
(A) With respect to aircraft of the Coast Guard—
(i) an analysis of—
(I) the current and future operations and
future resource needs, including the potential need
for a second rotary wing airframe to carry out
cutter-based operations and National Capital
Region air interdiction mission; and
(II) the manner in which such future needs
are integrated with the Future Vertical Lift initiatives of the Department of Defense; and
(ii) an estimated timeline with respect to when
such future needs will arise.
(B) The projected number of aviation assets, the locations at which such assets are to be stationed, the cost

H. R. 7776—1640
of operation and maintenance of such assets, and an assessment of the capabilities of such assets as compared to
the missions they are expected to execute, at the completion
of major procurement and modernization plans.
(C) A procurement plan, including an estimated timetable and the estimated appropriations necessary for all
platforms, including unmanned aircraft.
(D) A training plan for pilots and aircrew that
addresses—
(i) the use of simulators owned and operated by
the Coast Guard, and simulators that are not owned
or operated by the Coast Guard, including any such
simulators based outside the United States; and
(ii) the costs associated with attending training
courses.
(E) Current and future requirements for cutter and
land-based deployment of aviation assets globally, including
in the Arctic, the Eastern Pacific, the Western Pacific,
the Caribbean, the Atlantic Basin, and any other area
the Commandant considers appropriate.
(F) A description of the feasibility of deploying, and
the resource requirements necessary to deploy, rotarywinged assets onboard all future Arctic cutter patrols.
(G) An evaluation of current and future facilities needs
for Coast Guard aviation units.
(H) An evaluation of pilot and aircrew training and
retention needs, including aviation career incentive pay,
retention bonuses, and any other workforce tools the Commandant considers necessary.
(3) BRIEFING.—Not later than 180 days after the date on
which the strategy required under paragraph (1) is completed,
the Commandant shall provide to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee
on Transportation and Infrastructure of the House of Representatives a briefing on the strategy.

Subtitle F—Workforce Readiness
SEC. 11234. AUTHORIZED STRENGTH.

Section 3702 of title 14, United States Code, is amended by
adding at the end the following:
‘‘(c) The Secretary may vary the authorized end strength of
the Coast Guard Selected Reserves for a fiscal year by a number
equal to not more than 3 percent of such end strength upon a
determination by the Secretary that varying such authorized end
strength is in the national interest.
‘‘(d) The Commandant may increase the authorized end
strength of the Coast Guard Selected Reserves by a number equal
to not more than 2 percent of such authorized end strength upon
a determination by the Commandant that such increase would
enhance manning and readiness in essential units or in critical
specialties or ratings.’’.

H. R. 7776—1641
SEC. 11235. CONTINUATION OF OFFICERS WITH CERTAIN CRITICAL
SKILLS ON ACTIVE DUTY.

(a) IN GENERAL.—Chapter 21 of title 14, United States Code,
is amended by inserting after section 2165 the following:
‘‘§ 2166. Continuation on active duty; Coast Guard officers
with certain critical skills
‘‘(a) IN GENERAL.—The Commandant may authorize an officer
in a grade above grade O–2 to remain on active duty after the
date otherwise provided for the retirement of such officer in section
2154 of this title, if the officer possesses a critical skill, or specialty,
or is in a career field designated pursuant to subsection (b).
‘‘(b) CRITICAL SKILLS, SPECIALTY, OR CAREER FIELD.—The Commandant shall designate any critical skill, specialty, or career field
eligible for continuation on active duty as provided in subsection
(a).
‘‘(c) DURATION OF CONTINUATION.—An officer continued on
active duty pursuant to this section shall, if not earlier retired,
be retired on the first day of the month after the month in which
the officer completes 40 years of active service.
‘‘(d) POLICY.—The Commandant shall carry out this section
by prescribing policy which shall specify the criteria to be used
in designating any critical skill, specialty, or career field for purposes of subsection (b).’’.
(b) CLERICAL AMENDMENT.—The analysis for chapter 21 of title
14, United States Code, is amended by inserting after the item
relating to section 2165 the following:
‘‘2166. Continuation on active duty; Coast Guard officers with certain critical
skills.’’.
SEC. 11236. NUMBER AND DISTRIBUTION OF OFFICERS ON ACTIVE
DUTY PROMOTION LIST.

(a) MAXIMUM NUMBER OF OFFICERS.—Section 2103(a) of title
14, United States Code, is amended to read as follows:
‘‘(a) MAXIMUM TOTAL NUMBER.—
‘‘(1) IN GENERAL.—The total number of Coast Guard
commissioned officers on the active duty promotion list,
excluding warrant officers, shall not exceed—
‘‘(A) 7,100 in fiscal year 2022;
‘‘(B) 7,200 in fiscal year 2023;
‘‘(C) 7,300 in fiscal year 2024; and
‘‘(D) 7,400 in fiscal year 2025 and each subsequent
fiscal year.
‘‘(2) TEMPORARY INCREASE.—Notwithstanding paragraph
(1), the Commandant may temporarily increase the total
number of commissioned officers permitted under such paragraph by up to 4 percent for not more than 60 days after
the date of the commissioning of a Coast Guard Academy
class.
‘‘(3) NOTIFICATION.—Not later than 30 days after exceeding
the total number of commissioned officers permitted under
paragraphs (1) and (2), and each 30 days thereafter until the
total number of commissioned officers no longer exceeds the
number of such officers permitted under paragraphs (1) and
(2), the Commandant shall notify the Committee on Transportation and Infrastructure of the House of Representatives and
the Committee on Commerce, Science, and Transportation of

H. R. 7776—1642
the Senate of the number of officers on the active duty promotion list on the last day of the preceding 30-day period.’’.
(b) OFFICERS NOT ON ACTIVE DUTY PROMOTION LIST.—
(1) IN GENERAL.—Chapter 51 of title 14, United States
Code, is amended by adding at the end the following:
‘‘§ 5113. Officers not on active duty promotion list
‘‘Not later than 60 days after the date on which the President
submits to Congress a budget pursuant to section 1105 of title
31, the Commandant shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the Senate
the number of Coast Guard officers serving at other Federal entities
on a reimbursable basis, and the number of Coast Guard officers
who are serving at other Federal agencies on a non-reimbursable
basis, but not on the active duty promotion list.’’.
(2) CLERICAL AMENDMENT.—The analysis for chapter 51
of title 14, United States Code, is amended by adding at the
end the following:
‘‘5113. Officers not on active duty promotion list.’’.
SEC. 11237. CAREER INCENTIVE PAY FOR MARINE INSPECTORS.

(a) AUTHORITY TO PROVIDE ASSIGNMENT PAY OR SPECIAL DUTY
PAY.—The Secretary may provide assignment pay or special duty
pay under section 352 of title 37, United States Code, to a member
of the Coast Guard serving in a prevention position and assigned
as a marine inspector or marine investigator pursuant to section
312 of title 14, United States Code.
(b) ANNUAL BRIEFING.—
(1) IN GENERAL.—Not later than 180 days after the date
of enactment of this Act, and annually thereafter, the Secretary
shall provide to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a
briefing on any uses of the authority under subsection (a)
during the preceding year.
(2) ELEMENTS.—Each briefing required under paragraph
(1) shall include the following:
(A) The number of members of the Coast Guard serving
as marine inspectors or marine investigators pursuant to
section 312 of title 14, United States Code, who are
receiving assignment pay or special duty pay under section
352 of title 37, United States Code.
(B) An assessment of the impact of the use of the
authority under this section on the effectiveness and efficiency of the Coast Guard in administering the laws and
regulations for the promotion of safety of life and property
on and under the high seas and waters subject to the
jurisdiction of the United States.
(C) An assessment of the effects of assignment pay
and special duty pay on retention of marine inspectors
and investigators.
(D) If the authority provided in subsection (a) is not
exercised, a detailed justification for not exercising such
authority, including an explanation of the efforts the Secretary is taking to ensure that the Coast Guard workforce

H. R. 7776—1643
contains an adequate number of qualified marine inspectors.
(c) STUDY.—
(1) IN GENERAL.—Not later than 2 years after the date
of enactment of this Act, the Secretary, in coordination with
the Director of the National Institute for Occupational Safety
and Health, shall conduct a study on the health of marine
inspectors and marine investigators who have served as such
inspectors or investigators for a period of not less than 10
years.
(2) ELEMENTS.—The study required under paragraph (1)
shall include the following:
(A) An evaluation of—
(i) the daily vessel inspection duties of marine
inspectors and marine investigators, including the
examination of internal cargo tanks and voids and
new construction activities;
(ii) major incidents to which marine inspectors
and marine investigators have had to respond, and
any other significant incident, such as a vessel casualty, that has resulted in the exposure of marine
inspectors and marine investigators to hazardous
chemicals or substances; and
(iii) the types of hazardous chemicals or substances
to which marine inspectors and marine investigators
have been exposed relative to the effects such chemicals
or substances have had on marine inspectors and
marine investigators.
(B) A review and analysis of the current Coast Guard
health and safety monitoring systems, and recommendations for improving such systems, specifically with respect
to the exposure of members of the Coast Guard to hazardous substances while carrying out inspections and investigation duties.
(C) Any other element the Secretary considers appropriate.
(3) REPORT.—Upon completion of the study required under
paragraph (1), the Secretary shall submit to the Committee
on Commerce, Science, and Transportation of the Senate and
the Committee on Transportation and Infrastructure of the
House of Representatives a report on the findings of the study
and recommendations for actions the Commandant should take
to improve the health and exposure of marine inspectors and
marine investigators.
(d) TERMINATION.—The authority provided by subsection (a)
shall terminate on December 31, 2028.
SEC. 11238. EXPANSION OF ABILITY FOR SELECTION BOARD TO RECOMMEND OFFICERS OF PARTICULAR MERIT FOR PROMOTION.

Section 2116(c)(1) of title 14, United States Code, is amended,
in the second sentence, by inserting ‘‘three times’’ after ‘‘may not
exceed’’.
SEC. 11239. MODIFICATION TO EDUCATION LOAN REPAYMENT PROGRAM.

(a) IN GENERAL.—Section 2772 of title 14, United States Code,
is amended to read as follows:

H. R. 7776—1644
‘‘§ 2772. Education loan repayment program for members on
active duty in specified military specialties
‘‘(a) IN GENERAL.—
‘‘(1) REPAYMENT.—Subject to the provisions of this section,
the Secretary may repay—
‘‘(A) any loan made, insured, or guaranteed under
part B of title IV of the Higher Education Act of
1965 (20 U.S.C. 1071 et seq.);
‘‘(B) any loan made under part D of such title
(the William D. Ford Federal Direct Loan Program,
20 U.S.C. 1087a et seq.);
‘‘(C) any loan made under part E of such title
(20 U.S.C. 1087aa et seq.); or
‘‘(D) any loan incurred for educational purposes
made by a lender that is—
‘‘(i) an agency or instrumentality of a State;
‘‘(ii) a financial or credit institution (including
an insurance company) that is subject to examination and supervision by an agency of the United
States or any State;
‘‘(iii) a pension fund approved by the Secretary
for purposes of this section; or
‘‘(iv) a nonprofit private entity designated by
a State, regulated by such State, and approved
by the Secretary for purposes of this section.
‘‘(2) REQUIREMENT.—Repayment of any such loan shall be
made on the basis of each complete year of service performed
by the borrower.
‘‘(3) ELIGIBILITY.—The Secretary may repay loans described
in paragraph (1) in the case of any person for service performed
on active duty as a member in an officer program or military
specialty specified by the Secretary.
‘‘(b) AMOUNT.—The portion or amount of a loan that may be
repaid under subsection (a) is 331⁄3 percent or $1,500, whichever
is greater, for each year of service.
‘‘(c) INTEREST ACCRUAL.—If a portion of a loan is repaid under
this section for any year, interest on the remainder of such loan
shall accrue and be paid in the same manner as is otherwise
required.
‘‘(d) RULE OF CONSTRUCTION.—Nothing in this section shall
be construed to authorize refunding any repayment of a loan.
‘‘(e) FRACTIONAL CREDIT FOR TRANSFER.—An individual who
transfers from service making the individual eligible for repayment
of loans under this section (as described in subsection (a)(3)) to
service making the individual eligible for repayment of loans under
section 16301 of title 10 (as described in subsection (a)(2) or (g)
of that section) during a year shall be eligible to have repaid
a portion of such loan determined by giving appropriate fractional
credit for each portion of the year so served, in accordance with
regulations of the Secretary concerned.
‘‘(f) SCHEDULE FOR ALLOCATION.—The Secretary shall prescribe
a schedule for the allocation of funds made available to carry
out the provisions of this section and section 16301 of title 10
during any year for which funds are not sufficient to pay the
sum of the amounts eligible for repayment under subsection (a)
and section 16301(a) of title 10.

H. R. 7776—1645
‘‘(g) FAILURE TO COMPLETE PERIOD OF SERVICE.—Except an
individual described in subsection (e) who transfers to service
making the individual eligible for repayment of loans under section
16301 of title 10, a member of the Coast Guard who fails to
complete the period of service required to qualify for loan repayment
under this section shall be subject to the repayment provisions
of section 303a(e) or 373 of title 37.
‘‘(h) AUTHORITY TO ISSUE REGULATIONS.—The Secretary may
prescribe procedures for implementing this section, including standards for qualified loans and authorized payees and other terms
and conditions for making loan repayments. Such regulations may
include exceptions that would allow for the payment as a lump
sum of any loan repayment due to a member under a written
agreement that existed at the time of a member’s death or disability.’’.
(b) CLERICAL AMENDMENT.—The analysis for chapter 27 of title
14, United States Code, is amended by striking the item relating
to section 2772 and inserting the following:
‘‘2772. Education loan repayment program for members on active duty in specified
military specialties.’’.
SEC. 11240. RETIREMENT OF VICE COMMANDANT.

Section 303 of title 14, United States Code, is amended—
(1) by amending subsection (a)(2) to read as follows:
‘‘(2) A Vice Commandant who is retired while serving as Vice
Commandant, after serving not less than 2 years as Vice Commandant, shall be retired with the grade of admiral, except as
provided in section 306(d).’’; and
(2) in subsection (c) by striking ‘‘or Vice Commandant’’
and inserting ‘‘or as an officer serving as Vice Commandant
who has served less than 2 years as Vice Commandant’’.
SEC. 11241. REPORT ON RESIGNATION AND RETIREMENT PROCESSING
TIMES AND DENIAL.

(a) IN GENERAL.—Not later than 30 days after the date of
enactment of this Act, and annually thereafter, the Commandant
shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a report that evaluates resignation and retirement processing timelines.
(b) ELEMENTS.—The report required under subsection (a) shall
include, for the preceding calendar year—
(1) statistics on the number of resignations, retirements,
and other separations that occurred;
(2) the processing time for each action described in paragraph (1);
(3) the percentage of requests for such actions that had
a command endorsement;
(4) the percentage of requests for such actions that did
not have a command endorsement; and
(5) for each denial of a request for a command endorsement
and each failure to take action on such a request, a detailed
description of the rationale for such denial or failure to take
such action.
SEC. 11242. CALCULATION OF ACTIVE SERVICE.

(a) IN GENERAL.—Subchapter I of chapter 25 of title 14, United
States Code, is amended by adding at the end the following:

H. R. 7776—1646
‘‘§ 2515. Calculation of active service
‘‘Any service described, including service described prior to
the date of enactment of the Don Young Coast Guard Authorization
Act of 2022, in writing, including by electronic communication,
by a representative of the Coast Guard Personnel Service Center
as service that counts toward total active service for regular retirement under section 2152 or section 2306 shall be considered by
the President as active service for purposes of applying section
2152 or section 2306 with respect to the determination of the
retirement qualification for any officer or enlisted member to whom
a description was provided.’’.
(b) CLERICAL AMENDMENT.—The analysis for chapter 25 of title
14, United States Code, is amended by inserting after the item
relating to section 2515 the following:
‘‘2515. Calculation of active service.’’.

(c) RULE OF CONSTRUCTION.—The amendment made by subsection (a)—
(1) shall only apply to officers of the Coast Guard that
entered active service after January 1, 1997, temporarily separated for a period of time, and have retired from the Coast
Guard before January 1, 2024; and
(2) shall not apply to any member of any other uniformed
service, or to any Coast Guard member regarding active service
of the member in any other uniformed service.
SEC. 11243. PHYSICAL DISABILITY EVALUATION SYSTEM PROCEDURE
REVIEW.

(a) STUDY.—
(1) IN GENERAL.—Not later than 3 years after the date
of enactment of this Act, the Comptroller General of the United
States shall complete a study on the Coast Guard Physical
Disability Evaluation System and medical retirement procedures.
(2) ELEMENTS.—In completing the study required under
paragraph (1), the Comptroller General shall review, and provide recommendations to address, the following:
(A) Coast Guard compliance with all applicable laws,
regulations, and policies relating to the Physical Disability
Evaluation System and the Medical Evaluation Board.
(B) Coast Guard compliance with timelines set forth
in—
(i) the instruction of the Commandant entitled
‘‘Physical Disability Evaluation System’’ issued on May
19, 2006 (COMDTNST M1850.2D); and
(ii) the Physical Disability Evaluation System
Transparency Initiative (ALCGPSC 030/20).
(C) An evaluation of Coast Guard processes in place
to ensure the availability, consistency, and effectiveness
of counsel appointed by the Coast Guard Office of the
Judge Advocate General to represent members of the Coast
Guard undergoing an evaluation under the Physical Disability Evaluation System.
(D) The extent to which the Coast Guard has and
uses processes to ensure that such counsel may perform
the functions of such counsel in a manner that is impartial,
including being able to perform such functions without

H. R. 7776—1647
undue pressure or interference by the command of the
affected member of the Coast Guard, the Personnel Service
Center, and the Coast Guard Office of the Judge Advocate
General.
(E) The frequency, including the frequency aggregated
by member pay grade, with which members of the Coast
Guard seek private counsel in lieu of counsel appointed
by the Coast Guard Office of the Judge Advocate General.
(F) The timeliness of determinations, guidance, and
access to medical evaluations necessary for retirement or
rating determinations and overall well-being of the affected
member of the Coast Guard.
(G) The guidance, formal or otherwise, provided by
the Personnel Service Center and the Coast Guard Office
of the Judge Advocate General, other than the counsel
directly representing affected members of the Coast Guard,
in communication with medical personnel examining members.
(H) The guidance, formal or otherwise, provided by
the medical professionals reviewing cases within the Physical Disability Evaluation System to affected members of
the Coast Guard, and the extent to which such guidance
is disclosed to the commanders, commanding officers, or
other members of the Coast Guard in the chain of command
of such affected members.
(I) The feasibility of establishing a program to allow
members of the Coast Guard to select an expedited review
to ensure completion of the Medical Evaluation Board
report not later than 180 days after the date on which
such review was initiated.
(b) REPORT.—The Comptroller General shall submit to the Committee on Commerce, Science, and Transportation of the Senate
and the Committee on Transportation and Infrastructure of the
House of Representatives a report on the findings of the study
conducted under subsection (a) and recommendations for improving
the Physical Disability Evaluation System process.
(c) UPDATED POLICY GUIDANCE.—
(1) IN GENERAL.—Not later than 180 days after the date
on which the report under subsection (b) is submitted, the
Commandant shall issue updated policy guidance in response
to the findings and recommendations contained in the report.
(2) ELEMENTS.—The updated policy guidance required
under paragraph (1) shall include the following:
(A) A requirement that a member of the Coast Guard,
or the counsel of such a member, shall be informed of
the contents of, and afforded the option to be present
for, any communication between the member’s command
and the Personnel Service Center, or other Coast Guard
entity, with respect to the duty status of the member.
(B) An exception to the requirement described in
subparagraph (A) that such a member, or the counsel of
the member, is not required to be informed of the contents
of such a communication if it is demonstrated that there
is a legitimate health or safety need for the member to
be excluded from such communications, supported by a
medical opinion that such exclusion is necessary for the

H. R. 7776—1648
health or safety of the member, command, or any other
individual.
(C) An option to allow a member of the Coast Guard
to initiate an evaluation by a Medical Evaluation Board
if a Coast Guard healthcare provider, or other military
healthcare provider, has raised a concern about the ability
of the member to continue serving in the Coast Guard,
in accordance with existing medical and physical disability
policy.
(D) An updated policy to remove the command endorsement requirement for retirement or separation unless
absolutely necessary for the benefit of the United States.
SEC. 11244. EXPANSION OF AUTHORITY FOR MULTIRATER ASSESSMENTS OF CERTAIN PERSONNEL.

(a) IN GENERAL.—Section 2182(a) of title 14, United States
Code, is amended by striking paragraph (2) and inserting the following:
‘‘(2) OFFICERS.—Each officer of the Coast Guard shall
undergo a multirater assessment before promotion to—
‘‘(A) the grade of O–4;
‘‘(B) the grade of O–5; and
‘‘(C) the grade of O–6.
‘‘(3) ENLISTED MEMBERS.—Each enlisted member of the
Coast Guard shall undergo a multirater assessment before
advancement to—
‘‘(A) the grade of E–7;
‘‘(B) the grade of E–8;
‘‘(C) the grade of E–9; and
‘‘(D) the grade of E–10.
‘‘(4) SELECTION.—An individual assessed shall not be permitted to select the peers and subordinates who provide opinions for the multirater assessment of such individual.
‘‘(5) POST-ASSESSMENT ELEMENTS.—
‘‘(A) IN GENERAL.—Following an assessment of an individual pursuant to paragraphs (1) through (3), the individual shall be provided appropriate post-assessment counseling and leadership coaching.
‘‘(B) AVAILABILITY OF RESULTS.—The supervisor of the
individual assessed shall be provided with the results of
the multirater assessment.’’.
(b) COST ASSESSMENT.—
(1) IN GENERAL.—Not later than 1 year after the date
of enactment of this Act, the Commandant shall provide to
the appropriate committees of Congress an estimate of the
costs associated with implementing the amendment made by
subsection (a).
(2) APPROPRIATE COMMITTEES OF CONGRESS DEFINED.—In
this subsection, the term ‘‘appropriate committees of Congress’’
means—
(A) the Committee on Commerce, Science, and
Transportation and the Committee on Appropriations of
the Senate; and
(B) the Committee on Transportation and Infrastructure and the Committee on Appropriations of the House
of Representatives.

H. R. 7776—1649
SEC. 11245. PROMOTION PARITY.

(a) INFORMATION TO BE FURNISHED.—Section 2115(a) of title
14, United States Code, is amended—
(1) in paragraph (1) by striking ‘‘; and’’ and inserting a
semicolon;
(2) in paragraph (2) by striking the period at the end
and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(3) in the case of an eligible officer considered for promotion to a rank above lieutenant, any credible information
of an adverse nature, including any substantiated adverse
finding or conclusion from an officially documented investigation or inquiry and any information placed in the personnel
service record of the officer under section 1745(a) of the
National Defense Authorization Act for Fiscal Year 2014 (Public
Law 113–66; 10 U.S.C. 1561 note), shall be furnished to the
selection board in accordance with standards and procedures
set out in the regulations prescribed by the Secretary.’’.
(b) SPECIAL SELECTION REVIEW BOARDS.—
(1) IN GENERAL.—Subchapter I of chapter 21 of title 14,
United States Code, is amended by inserting after section 2120
the following:
‘‘§ 2120a. Special selection review boards
‘‘(a) IN GENERAL.—(1) If the Secretary determines that a person
recommended by a promotion board for promotion to a grade at
or below the grade of rear admiral is the subject of credible information of an adverse nature, including any substantiated adverse
finding or conclusion described in section 2115(a)(3) of this title
that was not furnished to the promotion board during its consideration of the person for promotion as otherwise required by such
section, the Secretary shall convene a special selection review board
under this section to review the person and recommend whether
the recommendation for promotion of the person should be sustained.
‘‘(2) If a person and the recommendation for promotion of the
person is subject to review under this section by a special selection
review board convened under this section, the name of the person—
‘‘(A) shall not be disseminated or publicly released on the
list of officers recommended for promotion by the promotion
board recommending the promotion of the person; and
‘‘(B) shall not be forwarded to the President or the Senate,
as applicable, or included on a promotion list under section
2121 of this title.
‘‘(b) CONVENING.—(1) Any special selection review board convened under this section shall be convened in accordance with
the provisions of section 2120(c) of this title.
‘‘(2) Any special selection review board convened under this
section may review such number of persons, and recommendations
for promotion of such persons, as the Secretary shall specify in
convening such special selection review board.
‘‘(c) INFORMATION CONSIDERED.—(1) In reviewing a person and
recommending whether the recommendation for promotion of the
person should be sustained under this section, a special selection
review board convened under this section shall be furnished and
consider the following:

H. R. 7776—1650
‘‘(A) The record and information concerning the person
furnished in accordance with section 2115 of this title to the
promotion board that recommended the person for promotion.
‘‘(B) Any credible information of an adverse nature on
the person, including any substantiated adverse finding or
conclusion from an officially documented investigation or
inquiry described in section 2115(a)(3) of this title.
‘‘(2) The furnishing of information to a special selection review
board under paragraph (1)(B) shall be governed by the standards
and procedures referred to in section 2115 of this title.
‘‘(3)(A) Before information on a person described in paragraph
(1)(B) is furnished to a special selection review board for purposes
of this section, the Secretary shall ensure that—
‘‘(i) such information is made available to the person; and
‘‘(ii) subject to subparagraphs (C) and (D), the person is
afforded a reasonable opportunity to submit comments on such
information to the special selection review board before its
review of the person and the recommendation for promotion
of the person under this section.
‘‘(B) If information on a person described in paragraph (1)(B)
is not made available to the person as otherwise required by
subparagraph (A)(i) due to the classification status of such information, the person shall, to the maximum extent practicable, be furnished a summary of such information appropriate to the person’s
authorization for access to classified information.
‘‘(C)(i) An opportunity to submit comments on information is
not required for a person under subparagraph (A)(ii) if—
‘‘(I) such information was made available to the person
in connection with the furnishing of such information under
section 2115(a) of this title to the promotion board that recommended the promotion of the person subject to review under
this section; and
‘‘(II) the person submitted comments on such information
to that promotion board.
‘‘(ii) The comments on information of a person described in
clause (i)(II) shall be furnished to the special selection review board.
‘‘(D) A person may waive either or both of the following:
‘‘(i) The right to submit comments to a special selection
review board under subparagraph (A)(ii).
‘‘(ii) The furnishing of comments to a special selection
review board under subparagraph (C)(ii).
‘‘(d) CONSIDERATION.—(1) In considering the record and
information on a person under this section, the special selection
review board shall compare such record and information with an
appropriate sampling of the records of those officers who were
recommended for promotion by the promotion board that recommended the person for promotion, and an appropriate sampling
of the records of those officers who were considered by and not
recommended for promotion by that promotion board.
‘‘(2) Records and information shall be presented to a special
selection review board for purposes of paragraph (1) in a manner
that does not indicate or disclose the person or persons for whom
the special selection review board was convened.
‘‘(3) In considering whether the recommendation for promotion
of a person should be sustained under this section, a special selection review board shall, to the greatest extent practicable, apply

H. R. 7776—1651
standards used by the promotion board that recommended the
person for promotion.
‘‘(4) The recommendation for promotion of a person may be
sustained under this section only if the special selection review
board determines that the person—
‘‘(A) ranks on an order of merit created by the special
selection review board as better qualified for promotion than
the sample officer highest on the order of merit list who was
considered by and not recommended for promotion by the promotion board concerned; and
‘‘(B) is comparable in qualification for promotion to those
sample officers who were recommended for promotion by that
promotion board.
‘‘(5) A recommendation for promotion of a person may be sustained under this section only by a vote of a majority of the members
of the special selection review board.
‘‘(6) If a special selection review board does not sustain a
recommendation for promotion of a person under this section, the
person shall be considered to have failed of selection for promotion.
‘‘(e) REPORTS.—(1) Each special selection review board convened
under this section shall submit to the Secretary a written report,
signed by each member of the board, containing the name of each
person whose recommendation for promotion it recommends for
sustainment and certifying that the board has carefully considered
the record and information of each person whose name was referred
to it.
‘‘(2) The provisions of sections 2117(a) of this title apply to
the report and proceedings of a special selection review board convened under this section in the same manner as they apply to
the report and proceedings of a promotion board convened under
section 2106 of this title.
‘‘(f) APPOINTMENT OF PERSONS.—(1) 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 a person whose name was referred to it for review
under this section, and the President approves the report, the
person shall, as soon as practicable, be appointed to that grade
in accordance with section 2121 of this title.
‘‘(2) A person who is appointed to the next higher grade as
described in paragraph (1) shall, upon that appointment, have
the same date of rank, the same effective date for the pay and
allowances of that grade, and the same position on the activeduty list as the person would have had pursuant to the original
recommendation for promotion of the promotion board concerned.
‘‘(g) REGULATIONS.—The Secretary shall prescribe regulations
to carry out this section.
‘‘(h) PROMOTION BOARD DEFINED.—In this section, the term
‘promotion board’ means a selection board convened by the Secretary
under section 2106 of this title.’’.
(2) CLERICAL AMENDMENT.—The analysis for chapter 21
of title 14, United States Code, is amended by inserting after
the item relating to section 2120 the following:
‘‘2120a. Special selection review boards.’’.

(c) AVAILABILITY OF INFORMATION.—Section 2118 of title 14,
United States Code, is amended by adding at the end the following:
‘‘(e) If the Secretary makes a recommendation under this section
that the name of an officer be removed from a report of a selection

H. R. 7776—1652
board and the recommendation is accompanied by information that
was not presented to that selection board, that information shall
be made available to that officer. The officer shall then be afforded
a reasonable opportunity to submit comments on that information
to the officials making the recommendation and the officials
reviewing the recommendation. If an eligible officer cannot be given
access to such information because of its classification status, the
officer shall, to the maximum extent practicable, be provided with
an appropriate summary of the information.’’.
(d) DELAY OF PROMOTION.—Section 2121(f) of title 14, United
States Code, is amended to read as follows:
‘‘(f)(1) The promotion of an officer may be delayed without
prejudice if any of the following applies:
‘‘(A) The officer is under investigation or proceedings of
a court-martial or a board of officers are pending against the
officer.
‘‘(B) A criminal proceeding in a Federal or State court
is pending against the officer.
‘‘(C) The Secretary determines that credible information
of an adverse nature, including a substantiated adverse finding
or conclusion described in section 2115(a)(3), with respect to
the officer will result in the convening of a special selection
review board under section 2120a of this title to review the
officer and recommend whether the recommendation for promotion of the officer should be sustained.
‘‘(2)(A) Subject to subparagraph (B), a promotion may be
delayed under this subsection until, as applicable—
‘‘(i) the completion of the investigation or proceedings
described in subparagraph (A);
‘‘(ii) a final decision in the proceeding described in subparagraph (B) is issued; or
‘‘(iii) the special selection review board convened under
section 2120a of this title issues recommendations with respect
to the officer.
‘‘(B) Unless the Secretary determines that a further delay
is necessary in the public interest, a promotion may not be
delayed under this subsection for more than one year after
the date the officer would otherwise have been promoted.
‘‘(3) An officer whose promotion is delayed under this subsection
and who is subsequently promoted shall be given the date of rank
and position on the active duty promotion list in the grade to
which promoted that he would have held had his promotion not
been so delayed.’’.
SEC. 11246. PARTNERSHIP PROGRAM TO DIVERSIFY COAST GUARD.

(a) ESTABLISHMENT.—The Commandant shall establish a program for the purpose of increasing the number of individuals in
the enlisted ranks of the Coast Guard who are—
(1) underrepresented minorities; or
(2) from rural areas.
(b) PARTNERSHIPS.—In carrying out the program established
under subsection (a), the Commandant shall—
(1) seek to enter into 1 or more partnerships with eligible
institutions—
(A) to increase the visibility of Coast Guard careers;
(B) to promote curriculum development—
(i) to enable acceptance into the Coast Guard; and

H. R. 7776—1653
(ii) to improve success on relevant exams, such
as the Armed Services Vocational Aptitude Battery;
and
(C) to provide mentoring for students entering and
beginning Coast Guard careers; and
(2) enter into a partnership with an existing Junior Reserve
Officers’ Training Corps for the purpose of promoting Coast
Guard careers.
(c) DEFINITIONS.—In this section:
(1) ELIGIBLE INSTITUTION.—The term ‘‘eligible institution’’
means an institution—
(A) that is—
(i) an institution of higher education (as such term
is defined in section 101 of the Higher Education Act
of 1965 (20 U.S.C. 1001)); or
(ii) a junior or community college (as such term
is defined in section 312 of the Higher Education Act
of 1965 (20 U.S.C. 1058); and
(B) that is—
(i) a part B institution (as such term is defined
in section 322 of the Higher Education Act of 1965
(20 U.S.C. 1061));
(ii) a Tribal College or University (as such term
is defined in section 316(b) of such Act (20 U.S.C.
1059c(b)));
(iii) a Hispanic-serving institution (as such term
is defined in section 502 of such Act (20 U.S.C. 1101a));
(iv) an Alaska Native-serving institution or a
Native Hawaiian-serving institution (as such term is
defined in section 317(b) of such Act (20 U.S.C.
1059d(b)));
(v) a Predominantly Black institution (as such
term is defined in section 371(c) of that Act (20 U.S.C.
1067q(c)));
(vi) an Asian American and Native American
Pacific Islander-serving institution (as defined in section 320(b) of such Act (20 U.S.C. 1059g(b))); or
(vii) a Native American-serving nontribal institution (as defined in section 319(b) of such Act (20 U.S.C.
1059f(b)).
(2) RURAL AREA.—The term ‘‘rural area’’ means an area
that is outside of an urbanized area, as determined by the
Bureau of the Census.
SEC. 11247. EXPANSION OF COAST GUARD JUNIOR RESERVE OFFICERS’
TRAINING CORPS.

(a) IN GENERAL.—Section 320 of title 14, United States Code,
is amended—
(1) by redesignating subsection (c) as subsection (d);
(2) in subsection (b) by striking ‘‘subsection (c)’’ and
inserting ‘‘subsection (d)’’; and
(3) by inserting after subsection (b) the following:
‘‘(c) SCOPE.—Beginning on December 31, 2025, the Secretary
of the department in which the Coast Guard is operating shall
maintain at all times a Junior Reserve Officers’ Training Corps
program with not fewer than 1 such program established in each
Coast Guard district.’’.

H. R. 7776—1654
(b) COST ASSESSMENT.—Not later than 1 year after the date
of enactment of this Act, the Secretary shall provide to Congress
an estimate of the costs associated with implementing the amendments made by this section.
SEC. 11248. IMPROVING REPRESENTATION OF WOMEN AND RACIAL
AND ETHNIC MINORITIES AMONG COAST GUARD ACTIVEDUTY MEMBERS.

(a) IN GENERAL.—Not later than 180 days after the date of
enactment of this Act, in consultation with the Advisory Board
on Women at the Coast Guard Academy established under section
1904 of title 14, United States Code, and the minority outreach
team program established by section 1905 of such title, the Commandant shall—
(1) determine which recommendations in the RAND representation report may practicably be implemented to promote
improved representation in the Coast Guard of—
(A) women; and
(B) racial and ethnic minorities; and
(2) submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a
report on the actions the Commandant has taken, or plans
to take, to implement such recommendations.
(b) CURRICULUM AND TRAINING.—In the case of any action
the Commandant plans to take to implement recommendations
described in subsection (a)(1) that relate to modification or development of curriculum and training, such modified curriculum and
trainings shall be provided at—
(1) officer accession points, including the Coast Guard
Academy and the Leadership Development Center;
(2) enlisted member accession at the United States Coast
Guard Training Center Cape May in Cape May, New Jersey;
and
(3) the officer, enlisted member, and civilian leadership
courses managed by the Leadership Development Center.
(c) DEFINITION OF RAND REPRESENTATION REPORT.—In this
section, the term ‘‘RAND representation report’’ means the report
of the Homeland Security Operational Analysis Center of the RAND
Corporation entitled ‘‘Improving the Representation of Women and
Racial/Ethnic Minorities Among U.S. Coast Guard Active-Duty
Members’’, issued on August 11, 2021.
SEC. 11249. STRATEGY TO ENHANCE DIVERSITY THROUGH RECRUITMENT AND ACCESSION.

(a) IN GENERAL.—The Commandant shall develop a 10-year
strategy to enhance Coast Guard diversity through recruitment
and accession—
(1) at educational institutions at the high school and higher
education levels; and
(2) for the officer and enlisted ranks.
(b) REPORT.—
(1) IN GENERAL.—Not later than 180 days after the date
of enactment of this Act, the Commandant shall submit to
the Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the
strategy developed under subsection (a).

H. R. 7776—1655
(2) ELEMENTS.—The report required under paragraph (1)
shall include the following:
(A) A description of existing Coast Guard recruitment
and accession programs at educational institutions at the
high school and higher education levels.
(B) An explanation of the manner in which the strategy
supports the overall diversity and inclusion action plan
of the Coast Guard.
(C) A description of the manner in which existing
programs and partnerships will be modified or expanded
to enhance diversity in recruiting in high school and institutions of higher education (as such term is defined in section
101 of the Higher Education Act of 1965 (20 U.S.C. 1001))
and accession.
SEC. 11250. SUPPORT FOR COAST GUARD ACADEMY.

(a) IN GENERAL.—Subchapter II of chapter 9 of title 14, United
States Code, is amended by adding at the end the following:
‘‘§ 953. Support for Coast Guard Academy
‘‘(a) AUTHORITY.—
‘‘(1) CONTRACTS AND COOPERATIVE AGREEMENTS.—
‘‘(A) IN GENERAL.—The Commandant may enter contract and cooperative agreements with 1 or more qualified
organizations for the purpose of supporting the athletic
programs of the Coast Guard Academy.
‘‘(B) AUTHORITY.—Notwithstanding section 3201(e) of
title 10, the Commandant may enter into such contracts
and cooperative agreements on a sole source basis pursuant
to section 3204(a) of title 10.
‘‘(C) ACQUISITIONS.—Notwithstanding chapter 63 of
title 31, a cooperative agreement under this section may
be used to acquire property or services for the direct benefit
or use of the Coast Guard Academy.
‘‘(2) FINANCIAL CONTROLS.—
‘‘(A) IN GENERAL.—Before entering into a contract or
cooperative agreement under paragraph (1), the Commandant shall ensure that the contract or agreement
includes appropriate financial controls to account for the
resources of the Coast Guard Academy and the qualified
organization concerned in accordance with accepted
accounting principles.
‘‘(B) CONTENTS.—Any such contract or cooperative
agreement shall contain a provision that allows the Commandant to review, as the Commandant considers necessary, the financial accounts of the qualified organization
to determine whether the operations of the qualified
organization—
‘‘(i) are consistent with the terms of the contract
or cooperative agreement; and
‘‘(ii) would compromise the integrity or appearance
of integrity of any program of the Department of Homeland Security.
‘‘(3) LEASES.—For the purpose of supporting the athletic
programs of the Coast Guard Academy, the Commandant may,
consistent with section 504(a)(13), rent or lease real property
located at the Coast Guard Academy to a qualified organization,

H. R. 7776—1656
except that proceeds from such a lease shall be retained and
expended in accordance with subsection (f).
‘‘(b) SUPPORT SERVICES.—
‘‘(1) AUTHORITY.—To the extent required by a contract or
cooperative agreement under subsection (a), the Commandant
may provide support services to a qualified organization while
the qualified organization conducts support activities at the
Coast Guard Academy only if the Commandant determines
that the provision of such services is essential for the support
of the athletic programs of the Coast Guard Academy.
‘‘(2) NO LIABILITY OF THE UNITED STATES.—Support services
may only be provided without any liability of the United States
to a qualified organization.
‘‘(3) SUPPORT SERVICES DEFINED.—In this subsection, the
term ‘support services’ includes utilities, office furnishings and
equipment, communications services, records staging and
archiving, audio and video support, and security systems, in
conjunction with the leasing or licensing of property.
‘‘(c) TRANSFERS FROM NONAPPROPRIATED FUND OPERATION.—
‘‘(1) IN GENERAL.—Except as provided in paragraph (2),
the Commandant may, subject to the acceptance of the qualified
organization concerned, transfer to the qualified organization
all title to and ownership of the assets and liabilities of the
Coast Guard nonappropriated fund instrumentality, the function of which includes providing support for the athletic programs of the Coast Guard Academy, including bank accounts
and financial reserves in the accounts of such fund instrumentality, equipment, supplies, and other personal property.
‘‘(2) LIMITATION.—The Commandant may not transfer
under paragraph (1) any interest in real property.
‘‘(d) ACCEPTANCE OF SUPPORT FROM QUALIFIED ORGANIZATION.—
‘‘(1) IN GENERAL.—Notwithstanding section 1342 of title
31, the Commandant may accept from a qualified organization
funds, supplies, and services for the support of the athletic
programs of the Coast Guard Academy.
‘‘(2) EMPLOYEES OF QUALIFIED ORGANIZATION.—For purposes of this section, employees or personnel of the qualified
organization may not be considered to be employees of the
United States.
‘‘(3) FUNDS RECEIVED FROM NCAA.—The Commandant may
accept funds from the National Collegiate Athletic Association
to support the athletic programs of the Coast Guard Academy.
‘‘(4) LIMITATION.—The Commandant shall ensure that contributions under this subsection and expenditure of funds
pursuant to subsection (f) do not—
‘‘(A) reflect unfavorably on the ability of the Coast
Guard, any employee of the Coast Guard, or any member
of the armed forces (as such term is defined in section
101(a) of title 10) to carry out any responsibility or duty
in a fair and objective manner; or
‘‘(B) compromise the integrity or appearance of integrity of any program of the Coast Guard, or any individual
involved in such a program.
‘‘(e) TRADEMARKS AND SERVICE MARKS.—
‘‘(1) LICENSING, MARKETING, AND SPONSORSHIP AGREEMENTS.—An agreement under subsection (a) may, consistent

H. R. 7776—1657
with section 2260 of title 10 (other than subsection (d) of
such section), authorize a qualified organization to enter into
licensing, marketing, and sponsorship agreements relating to
trademarks and service marks identifying the Coast Guard
Academy, subject to the approval of the Commandant.
‘‘(2) LIMITATIONS.—A licensing, marketing, or sponsorship
agreement may not be entered into under paragraph (1) if—
‘‘(A) such agreement would reflect unfavorably on the
ability of the Coast Guard, any employee of the Coast
Guard, or any member of the armed forces to carry out
any responsibility or duty in a fair and objective manner;
or
‘‘(B) the Commandant determines that the use of the
trademark or service mark would compromise the integrity
or appearance of integrity of any program of the Coast
Guard or any individual involved in such a program.
‘‘(f) RETENTION AND USE OF FUNDS.—Funds received by the
Commandant under this section may be retained for use to support
the athletic programs of the Coast Guard Academy and shall remain
available until expended.
‘‘(g) CONDITIONS.—The authority provided in this section with
respect to a qualified organization is available only so long as
the qualified organization continues—
‘‘(1) to operate in accordance with this section, the law
of the State of Connecticut, and the constitution and bylaws
of the qualified organization; and
‘‘(2) to operate exclusively to support the athletic programs
of the Coast Guard Academy.
‘‘(h) QUALIFIED ORGANIZATION DEFINED.—In this section, the
term ‘qualified organization’ means an organization—
‘‘(1) that operates as an organization under subsection (c)(3)
of section 501 of the Internal Revenue Code of 1986 and exempt
from taxation under subsection (a) of that section;
‘‘(2) for which authorization under sections 1033(a) and
1589(a) of title 10 may be provided; and
‘‘(3) established by the Coast Guard Academy Alumni
Association solely for the purpose of supporting Coast Guard
athletics.
‘‘§ 954.

Mixed-funded athletic and recreational extracurricular programs
‘‘(a) AUTHORITY.—In the case of a Coast Guard Academy mixedfunded athletic or recreational extracurricular program, the Commandant may designate funds appropriated to the Coast Guard
and available for that program to be treated as nonappropriated
funds and expended for that program in accordance with laws
applicable to the expenditure of nonappropriated funds. Appropriated funds so designated shall be considered to be nonappropriated funds for all purposes and shall remain available
until expended.
‘‘(b) COVERED PROGRAMS.—In this section, the term ‘Coast
Guard Academy mixed-funded athletic or recreational extracurricular program’ means an athletic or recreational extracurricular program of the Coast Guard Academy to which each
of the following applies:
‘‘(1) The program is not considered a morale, welfare, or
recreation program.

H. R. 7776—1658
‘‘(2) The program is supported through appropriated funds.
‘‘(3) The program is supported by a nonappropriated fund
instrumentality.
‘‘(4) The program is not a private organization and is not
operated by a private organization.’’.
(b) CLERICAL AMENDMENT.—The analysis for chapter 9 of title
14, United States Code, is amended by inserting after the item
relating to section 952 the following:
‘‘953. Support for Coast Guard Academy.
‘‘954. Mixed-funded athletic and recreational extracurricular programs.’’.
SEC. 11251. TRAINING FOR CONGRESSIONAL AFFAIRS PERSONNEL.

(a) IN GENERAL.—Section 315 of title 14, United States Code,
is amended to read as follows:
‘‘§ 315. Training for congressional affairs personnel
‘‘(a) IN GENERAL.—The Commandant shall develop a training
course, which shall be administered in person, on the workings
of Congress for any member of the Coast Guard selected for a
position as a fellow, liaison, counsel, or administrative staff for
the Coast Guard Office of Congressional and Governmental Affairs
or as any Coast Guard district or area governmental affairs officer.
‘‘(b) COURSE SUBJECT MATTER.—
‘‘(1) IN GENERAL.—The training course required under this
section shall provide an overview and introduction to Congress
and the Federal legislative process, including—
‘‘(A) the congressional budget process;
‘‘(B) the congressional appropriations process;
‘‘(C) the congressional authorization process;
‘‘(D) the Senate advice and consent process for Presidential nominees;
‘‘(E) the Senate advice and consent process for treaty
ratification;
‘‘(F) the roles of Members of Congress and congressional staff in the legislative process;
‘‘(G) the concept and underlying purposes of congressional oversight within the governance framework of separation of powers;
‘‘(H) the roles of Coast Guard fellows, liaisons, counsels,
governmental affairs officers, the Coast Guard Office of
Program Review, the Coast Guard Headquarters program
offices, and any other entity the Commandant considers
relevant; and
‘‘(I) the roles and responsibilities of Coast Guard public
affairs and external communications personnel with respect
to Members of Congress and the staff of such Members
necessary to enhance communication between Coast Guard
units, sectors, and districts and Member offices and
committees of jurisdiction so as to ensure visibility of Coast
Guard activities.
‘‘(2) DETAIL WITHIN COAST GUARD OFFICE OF BUDGET AND
PROGRAMS.—
‘‘(A) IN GENERAL.—At the written request of a receiving
congressional office, the training course required under
this section shall include a multi-day detail within the
Coast Guard Office of Budget and Programs to ensure
adequate exposure to Coast Guard policy, oversight, and
requests from Congress.

H. R. 7776—1659
‘‘(B) NONCONSECUTIVE DETAIL PERMITTED.—A detail
under this paragraph is not required to be consecutive
with the balance of the training.
‘‘(c) COMPLETION OF REQUIRED TRAINING.—A member of the
Coast Guard selected for a position described in subsection (a)
shall complete the training required by this section before the
date on which such member reports for duty for such position.’’.
(b) CLERICAL AMENDMENT.—The analysis for chapter 3 of title
14, United States Code, is amended by striking the item relating
to section 315 and inserting the following:
‘‘315. Training for congressional affairs personnel.’’.
SEC. 11252. STRATEGY FOR RETENTION OF CUTTERMEN.

(a) IN GENERAL.—Not later than 180 days after the date of
enactment of this Act, the Commandant shall publish a strategy
to improve incentives to attract and retain a qualified workforce
serving on Coast Guard cutters that includes underrepresented
minorities, and servicemembers from rural areas, as such term
is defined in section 54301(a)(12)(C) of title 46, United States Code.
(b) ELEMENTS.—The strategy required by subsection (a) shall
include the following:
(1) Policies to improve flexibility in the afloat career path,
including a policy that enables members of the Coast Guard
serving on Coast Guard cutters to transition between operations
afloat and operations ashore assignments without detriment
to the career progression of a member.
(2) A review of current officer requirements for afloat
assignments at each pay grade, and an assessment as to
whether such requirements are appropriate or present undue
limitations.
(3) Strategies to improve crew comfort afloat, such as
berthing modifications to accommodate all crewmembers.
(4) Actionable steps to improve access to highspeed internet
capable of video conference for the purposes of medical, educational, and personal use by members of the Coast Guard
serving on Coast Guard cutters.
(5) An assessment of the effectiveness of bonuses to attract
members to serve at sea and retain talented members of the
Coast Guard serving on Coast Guard cutters to serve as leaders
in senior enlisted positions, department head positions, and
command positions.
(6) Policies to ensure that high-performing members of
the Coast Guard serving on Coast Guard cutters are competitive
for special assignments, postgraduate education, senior service
schools, and other career-enhancing positions.
(c) RULE OF CONSTRUCTION.—The Commandant shall ensure
that the elements described in subsection (b) do not result in
discrimination based on race, color, religion, sexual orientation,
national origin, or gender.
SEC. 11253. STUDY ON PERFORMANCE OF COAST GUARD FORCE READINESS COMMAND.

(a) IN GENERAL.—Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States
shall commence a study on the performance of the Coast Guard
Force Readiness Command.

H. R. 7776—1660
(b) ELEMENTS.—The study required under subsection (a) shall
include an assessment of the following:
(1) The actions the Force Readiness Command has taken
to develop and implement training for the Coast Guard
workforce.
(2) The extent to which the Force Readiness Command—
(A) has made an assessment of performance, policy,
and training compliance across Force Readiness Command
headquarters and field units, and the results of any such
assessment; and
(B) is modifying and expanding Coast Guard training
to match the future demands of the Coast Guard with
respect to growth in workforce numbers, modernization
of assets and infrastructure, and increased global mission
demands relating to the Arctic and Western Pacific regions
and cyberspace.
(c) REPORT.—Not later than 1 year after the study required
by subsection (a) commences, the Comptroller General shall submit
to the Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Transportation and Infrastructure
of the House of Representatives a report on the findings of the
study.
SEC. 11254. STUDY ON FREQUENCY OF WEAPONS TRAINING FOR COAST
GUARD PERSONNEL.

(a) IN GENERAL.—The Commandant shall conduct a study to
assess whether current weapons training required for Coast Guard
law enforcement and other relevant personnel is sufficient.
(b) ELEMENTS.—The study required under subsection (a) shall—
(1) assess whether there is a need to improve weapons
training for Coast Guard law enforcement and other relevant
personnel; and
(2) identify—
(A) the frequency of such training most likely to ensure
adequate weapons training, proficiency, and safety among
such personnel;
(B) Coast Guard law enforcement and other applicable
personnel who should be prioritized to receive such
improved training; and
(C) any challenge posed by a transition to improving
such training and offering such training more frequently,
and the resources necessary to address such a challenge.
(c) REPORT.—Not later than 1 year after the date of enactment
of this Act, the Commandant shall submit to the Committee on
Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the findings of the study conducted under
subsection (a).

H. R. 7776—1661

Subtitle G—Miscellaneous Provisions
SEC. 11255. MODIFICATION OF PROHIBITION ON OPERATION OR
PROCUREMENT OF FOREIGN-MADE UNMANNED AIRCRAFT SYSTEMS.

Section 8414 of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (Public Law 116–
283; 14 U.S.C. 1156 note) is amended—
(1) by amending subsection (b) to read as follows:
‘‘(b) EXEMPTION.—The Commandant is exempt from the restriction under subsection (a) if the operation or procurement is for
the purposes of—
‘‘(1) counter-UAS system surrogate testing and training;
or
‘‘(2) intelligence, electronic warfare, and information warfare operations, testing, analysis, and training.’’;
(2) by amending subsection (c) to read as follows:
‘‘(c) WAIVER.—The Commandant may waive the restriction
under subsection (a) on a case-by-case basis by certifying in writing
not later than 15 days after exercising such waiver to the Department of Homeland Security, the Committee on Commerce, Science,
and Transportation of the Senate, and the Committee on Transportation and Infrastructure of the House of Representatives that
the operation or procurement of a covered unmanned aircraft system
is required in the national interest of the United States.’’;
(3) in subsection (d)—
(A) by amending paragraph (1) to read as follows:
‘‘(1) COVERED FOREIGN COUNTRY.—The term ‘covered foreign country’ means any of the following:
‘‘(A) The People’s Republic of China.
‘‘(B) The Russian Federation.
‘‘(C) The Islamic Republic of Iran.
‘‘(D) The Democratic People’s Republic of Korea.’’;
(B) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively;
(C) by inserting after paragraph (1) the following:
‘‘(2) COVERED UNMANNED AIRCRAFT SYSTEM.—The term ‘covered unmanned aircraft system’ means an unmanned aircraft
system described in paragraph (1) of subsection (a).’’; and
(D) in paragraph (4), as so redesignated, by inserting
‘‘, and any related services and equipment’’ after ‘‘United
States Code’’; and
(4) by adding at the end the following:
‘‘(e) REPLACEMENT.—Not later than 90 days after the date
of the enactment of the Don Young Coast Guard Authorization
Act of 2022, the Commandant shall replace covered unmanned
aircraft systems of the Coast Guard with unmanned aircraft systems manufactured in the United States or an allied country (as
that term is defined in section 2350f(d)(1) of title 10, United States
Code).’’.
SEC. 11256. BUDGETING OF COAST GUARD RELATING TO CERTAIN
OPERATIONS.

(a) IN GENERAL.—Chapter 51 of title 14, United States Code,
is further amended by adding at the end the following:

H. R. 7776—1662
‘‘§ 5114. Expenses of performing and executing defense readiness missions
‘‘Not later than 1 year after the date of enactment of this
section, and every February 1 thereafter, the Commandant shall
submit to the Committee on Commerce, Science, and Transportation
of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that adequately
represents a calculation of the annual costs and expenditures of
performing and executing all defense readiness mission activities,
including—
‘‘(1) all expenses related to the Coast Guard’s coordination,
training, and execution of defense readiness mission activities
in the Coast Guard’s capacity as an armed force (as such
term is defined in section 101 of title 10) in support of Department of Defense national security operations and activities
or for any other military department or Defense Agency (as
such terms are defined in such section);
‘‘(2) costs associated with Coast Guard detachments
assigned in support of the defense readiness mission of the
Coast Guard; and
‘‘(3) any other related expenses, costs, or matters the Commandant considers appropriate or otherwise of interest to Congress.’’.
(b) CLERICAL AMENDMENT.—The analysis for chapter 51 of title
14, United States Code, as amended by section 252(b), is further
amended by adding at the end the following:
‘‘5114. Expenses of performing and executing defense readiness missions.’’.
SEC. 11257. REPORT ON SAN DIEGO MARITIME DOMAIN AWARENESS.

Not later than 180 days after the date of enactment of this
Act, the Commandant shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the Senate
a report containing—
(1) an overview of the maritime domain awareness in the
area of responsibility of the Coast Guard sector responsible
for San Diego, California, including—
(A) the average volume of known maritime traffic that
transited the area during fiscal years 2020 through 2022;
(B) current sensor platforms deployed by such sector
to monitor illicit activity occurring at sea in such area;
(C) the number of illicit activity incidents at sea in
such area that the sector responded to during fiscal years
2020 through 2022;
(D) an estimate of the volume of traffic engaged in
illicit activity at sea in such area and the type and description of any vessels used to carry out illicit activities that
such sector responded to during fiscal years 2020 through
2022; and
(E) the maritime domain awareness requirements to
effectively meet the mission of such sector;
(2) a description of current actions taken by the Coast
Guard to partner with Federal, regional, State, and local entities to meet the maritime domain awareness needs of such
area;
(3) a description of any gaps in maritime domain awareness
within the area of responsibility of such sector resulting from

H. R. 7776—1663
an inability to meet the enduring maritime domain awareness
requirements of the sector or adequately respond to maritime
disorder;
(4) an identification of current technology and assets the
Coast Guard has to mitigate the gaps identified in paragraph
(3);
(5) an identification of capabilities needed to mitigate such
gaps, including any capabilities the Coast Guard currently possesses that can be deployed to the sector;
(6) an identification of technology and assets the Coast
Guard does not currently possess and are needed to acquire
in order to address such gaps; and
(7) an identification of any financial obstacles that prevent
the Coast Guard from deploying existing commercially available
sensor technology to address such gaps.
SEC. 11258. CONVEYANCE OF COAST GUARD VESSELS FOR PUBLIC
PURPOSES.

(a) TRANSFER.—Section 914 of the Coast Guard Authorization
Act of 2010 (14 U.S.C. 501 note; Public Law 111–281) is—
(1) transferred to subchapter I of chapter 5 of title 14,
United States Code;
(2) added at the end so as to follow section 509 of such
title, as added by this Act;
(3) redesignated as section 510 of such title; and
(4) amended so that the enumerator, the section heading,
typeface, and typestyle conform to those appearing in other
sections of title 14, United States Code.
(b) CLERICAL AMENDMENTS.—
(1) COAST GUARD AUTHORIZATION ACT OF 2010.—The table
of contents in section 1(b) of the Coast Guard Authorization
Act of 2010 (Public Law 111–281) is amended by striking the
item relating to section 914.
(2) TITLE 14.—The analysis for subchapter I of chapter
5 of title 14, United States Code, is further amended by adding
at the end the following:
‘‘510. Conveyance of Coast Guard vessels for public purposes.’’.

(c) CONVEYANCE OF COAST
POSES.—Section 510 of title 14,

GUARD VESSELS FOR PUBLIC PURUnited States Code, as transferred
and redesignated by subsection (a), is amended—
(1) by amending subsection (a) to read as follows:
‘‘(a) IN GENERAL.—On request by the Commandant, the
Administrator of the General Services Administration may transfer
ownership of a Coast Guard vessel or aircraft to an eligible entity
for educational, cultural, historical, charitable, recreational, or other
public purposes if such transfer is authorized by law.’’; and
(2) in subsection (b)—
(A) in paragraph (1)—
(i) by inserting ‘‘as if the request were being processed’’ after ‘‘vessels’’; and
(ii) by inserting ‘‘, as in effect on the date of the
enactment of the Don Young Coast Guard Authorization Act of 2022’’ after ‘‘Code of Federal Regulations’’;
(B) in paragraph (2) by inserting ‘‘, as in effect on
the date of the enactment of the Don Young Coast Guard
Authorization Act of 2022’’ after ‘‘such title’’; and
(C) in paragraph (3) by striking ‘‘of the Coast Guard’’.

H. R. 7776—1664
SEC. 11259. NATIONAL COAST GUARD MUSEUM FUNDING PLAN.

Section 316(c)(4) of title 14, United States Code, is amended
by striking ‘‘the Inspector General of the department in which
the Coast Guard is operating’’ and inserting ‘‘a third party entity
qualified to undertake such a certification process’’.
SEC. 11260. REPORT ON COAST GUARD EXPLOSIVE ORDNANCE DISPOSAL.

(a) IN GENERAL.—Not later than 1 year after the date of enactment of this Act, the Commandant shall submit to the Committee
on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation
of the Senate a report on the viability of establishing an explosive
ordnance disposal program (in this section referred to as the ‘‘Program’’) in the Coast Guard.
(b) CONTENTS.—The report required under subsection (a) shall
contain, at a minimum, an explanation of the following with respect
to such a Program:
(1) Where within the organizational structure of the Coast
Guard the Program would be located, including a discussion
of whether the Program should reside in—
(A) Maritime Safety and Security Teams;
(B) Maritime Security Response Teams;
(C) a combination of the teams described under subparagraphs (A) and (B); or
(D) elsewhere within the Coast Guard.
(2) The vehicles and dive craft that are Coast Guard airframe and vessel transportable that would be required for
the transportation of explosive ordnance disposal elements.
(3) The Coast Guard stations at which—
(A) portable explosives storage magazines would be
available for explosive ordnance disposal elements; and
(B) explosive ordnance disposal elements equipment
would be pre-positioned.
(4) How the Program would support other elements within
the Department of Homeland Security, the Department of Justice, and, in wartime, the Department of Defense to—
(A) counter improvised explosive devices;
(B) counter unexploded ordnance;
(C) combat weapons of destruction;
(D) provide service in support of the President; and
(E) support national security special events.
(5) The career progression of members of the Coast Guard
participating in the Program from—
(A) Seaman Recruit to Command Master Chief Petty
Officer;
(B) Chief Warrant Officer 2 to that of Chief Warrant
Officer 4; and
(C) Ensign to that of Rear Admiral.
(6) Initial and annual budget justification estimates on
a single program element of the Program for—
(A) civilian and military pay with details on military
pay, including special and incentive pays such as—
(i) officer responsibility pay;
(ii) officer SCUBA diving duty pay;
(iii) officer demolition hazardous duty pay;
(iv) enlisted SCUBA diving duty pay;

H. R. 7776—1665
(v) enlisted demolition hazardous duty pay;
(vi) enlisted special duty assignment pay at level
special duty-5;
(vii) enlisted assignment incentive pays;
(viii) enlistment and reenlistment bonuses;
(ix) officer and enlisted full civilian clothing allowances;
(x) an exception to the policy allowing a third
hazardous duty pay for explosive ordnance disposalqualified officers and enlisted; and
(xi) parachutist hazardous duty pay;
(B) research, development, test, and evaluation;
(C) procurement;
(D) other transaction agreements;
(E) operations and support; and
(F) overseas contingency operations.
SEC. 11261. TRANSFER AND CONVEYANCE.

(a) IN GENERAL.—
(1) REQUIREMENT.—In accordance with section 120(h) of
the Comprehensive Environmental Response, Compensation,
and Liability Act (42 U.S.C. 9620(h)), the Commandant shall,
without consideration, transfer in accordance with subsection
(b) and convey in accordance with subsection (c) a parcel of
the real property described in paragraph (2), including any
improvements thereon.
(2) PROPERTY.—The property described in this paragraph
is real property at Dauphin Island, Alabama, located at 100
Agassiz Street, and consisting of a total of approximately 35.63
acres. The exact acreage and legal description of the parcel
of such property to be transferred or conveyed in accordance
with subsection (b) or (c), respectively, shall be determined
by a survey satisfactory to the Commandant.
(b) TO THE SECRETARY OF HEALTH AND HUMAN SERVICES.—
The Commandant shall transfer, as described in subsection (a),
to the Secretary of Health and Human Services (in this section
referred to as the ‘‘Secretary’’), for use by the Food and Drug
Administration, custody and control of a portion, consisting of
approximately 4 acres, of the parcel of real property described
in such subsection, to be identified by agreement between the
Commandant and the Secretary.
(c) TO THE STATE OF ALABAMA.—The Commandant shall convey,
as described in subsection (a), to the Marine Environmental Sciences
Consortium, a unit of the government of the State of Alabama,
located at Dauphin Island, Alabama, all rights, title, and interest
of the United States in and to such portion of the parcel described
in such subsection that is not transferred to the Secretary under
subsection (b).
(d) PAYMENTS AND COSTS OF TRANSFER AND CONVEYANCE.—
(1) PAYMENTS.—
(A) IN GENERAL.—The Secretary shall pay costs to be
incurred by the Coast Guard, or reimburse the Coast Guard
for such costs incurred by the Coast Guard, to carry out
the transfer and conveyance required by this section,

H. R. 7776—1666
including survey costs, appraisal costs, costs for environmental documentation related to the transfer and conveyance, and any other necessary administrative costs related
to the transfer and conveyance.
(B) FUNDS.—Notwithstanding section 780 of division
B of the Further Consolidated Appropriations Act, 2020
(Public Law 116–94), any amounts that are made available
to the Secretary under such section and not obligated on
the date of enactment of this Act shall be available to
the Secretary for the purpose described in subparagraph
(A).
(2) TREATMENT OF AMOUNTS RECEIVED.—Amounts received
by the Commandant as reimbursement under paragraph (1)
shall be credited to the Coast Guard Housing Fund established
under section 2946 of title 14, United States Code, or the
account that was used to pay the costs incurred by the Coast
Guard in carrying out the transfer or conveyance under this
section, as determined by the Commandant, and shall be made
available until expended. Amounts so credited shall be merged
with amounts in such fund or account and shall be available
for the same purposes, and subject to the same conditions
and limitations, as amounts in such fund or account.
SEC. 11262. TRANSPARENCY AND OVERSIGHT.

(a) IN GENERAL.—Chapter 51 of title 14, United States Code,
is further amended by adding at the end the following:
‘‘§ 5115. Major grants, contracts, or other transactions
‘‘(a) NOTIFICATION.—
‘‘(1) IN GENERAL.—Subject to subsection (b), the Commandant shall notify the appropriate committees of Congress
and the Coast Guard Office of Congressional and Governmental
Affairs not later than 3 full business days in advance of the
Coast Guard—
‘‘(A) making or awarding a grant allocation or grant
in excess of $1,000,000;
‘‘(B) making or awarding a contract, other transaction
agreement, or task or delivery order for the Coast Guard
on the multiple award contract, or issuing a letter of intent
totaling more than $4,000,000;
‘‘(C) awarding a task or delivery order requiring an
obligation of funds in an amount greater than $10,000,000
from multi-year Coast Guard funds;
‘‘(D) making a sole-source grant award; or
‘‘(E) announcing publicly the intention to make or
award an item described in subparagraph (A), (B), (C),
or (D), including a contract covered by the Federal Acquisition Regulation.
‘‘(2) ELEMENT.—A notification under this subsection shall
include—
‘‘(A) the amount of the award;
‘‘(B) the fiscal year for which the funds for the award
were appropriated;
‘‘(C) the type of contract;
‘‘(D) an identification of the entity awarded the contract, such as the name and location of the entity; and
‘‘(E) the account from which the funds are to be drawn.

H. R. 7776—1667
‘‘(b) EXCEPTION.—If the Commandant determines that compliance with subsection (a) would pose a substantial risk to human
life, health, or safety, the Commandant—
‘‘(1) may make an award or issue a letter described in
such subsection without the notification required under such
subsection; and
‘‘(2) shall notify the appropriate committees of Congress
not later than 5 full business days after such an award is
made or letter issued.
‘‘(c) APPLICABILITY.—Subsection (a) shall not apply to funds
that are not available for obligation.
‘‘(d) APPROPRIATE COMMITTEES OF CONGRESS DEFINED.—In this
section, the term ‘appropriate committees of Congress’ means—
‘‘(1) the Committee on Commerce, Science, and Transportation and the Committee on Appropriations of the Senate;
and
‘‘(2) the Committee on Transportation and Infrastructure
and the Committee on Appropriations of the House of Representatives.’’.
(b) CLERICAL AMENDMENT.—The analysis for chapter 51 of title
14, United States Code, is further amended by adding at the end
the following:
‘‘5115. Major grants, contracts, or other transactions.’’.
SEC. 11263. STUDY ON SAFETY INSPECTION PROGRAM FOR CONTAINERS AND FACILITIES.

(a) IN GENERAL.—Not later than 1 year after the date of enactment of this Act, the Commandant shall complete a study on
the safety inspection program for containers (as such term is defined
in section 80501 of title 46, United States Code) and designated
waterfront facilities receiving containers.
(b) ELEMENTS.—The study required under subsection (a) shall
include the following:
(1) An evaluation and review of such safety inspection
program.
(2) A determination of—
(A) the number of container inspections conducted
annually by the Coast Guard during the preceding 10year period, as compared to the number of containers
moved through United States ports annually during such
period; and
(B) the number of qualified Coast Guard container
and facility inspectors, and an assessment as to whether,
during the preceding 10-year period, there have been a
sufficient number of such inspectors to carry out the mission of the Coast Guard.
(3) An evaluation of the training programs available to
such inspectors and the adequacy of such training programs
during the preceding 10-year period.
(4) An identification of areas of improvement for such program in the interest of commerce and national security, and
the costs associated with such improvements.
(c) REPORT TO CONGRESS.—Not later than 180 days after the
completion of the study required under subsection (a), the Commandant shall submit to the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report

H. R. 7776—1668
on the findings of the study required by subsection (a), including
the personnel and resource requirements necessary for such program.
SEC. 11264. OPERATIONAL DATA SHARING CAPABILITY.

(a) IN GENERAL.—Not later than 18 months after the date
of enactment of this Act, the Secretary shall, consistent with the
ongoing Integrated Multi-Domain Enterprise joint effort by the
Department of Homeland Security and the Department of Defense,
establish a secure, centralized capability to allow real-time, or near
real-time, data and information sharing between Customs and
Border Protection and the Coast Guard for purposes of maritime
boundary domain awareness and enforcement activities along the
maritime boundaries of the United States, including the maritime
boundaries in the northern and southern continental United States
and Alaska.
(b) PRIORITY.—In establishing the capability under subsection
(a), the Secretary shall prioritize enforcement areas experiencing
the highest levels of enforcement activity.
(c) REQUIREMENTS.—The capability established under subsection (a) shall be sufficient for the secure sharing of data, information, and surveillance necessary for operational missions, including
data from governmental assets, irrespective of whether an asset
located in or around mission operation areas belongs to the Coast
Guard, Customs and Border Protection, or any other partner agency.
(d) ELEMENTS.—The Commissioner of Customs and Border
Protection and the Commandant shall jointly—
(1) assess and delineate the types of data and quality
of data sharing needed to meet the respective operational missions of Customs and Border Protection and the Coast Guard,
including video surveillance, seismic sensors, infrared detection,
space-based remote sensing, and any other data or information
necessary;
(2) develop appropriate requirements and processes for the
credentialing of personnel of Customs and Border Protection
and personnel of the Coast Guard to access and use the capability established under subsection (a); and
(3) establish a cost-sharing agreement for the long-term
operation and maintenance of the capability and the assets
that provide data to the capability.
(e) REPORT.—Not later than 2 years after the date of enactment
of this Act, the Secretary shall submit to the Committee on Commerce, Science, and Transportation and the Committee on Homeland Security and Governmental Affairs of the Senate and the
Committee on Transportation and Infrastructure and the Committee on Homeland Security of the House of Representatives a
report on the establishment of the capability under this section.
(f) RULE OF CONSTRUCTION.—Nothing in this section may be
construed to authorize the Coast Guard, Customs and Border
Protection, or any other partner agency to acquire, share, or transfer
personal information relating to an individual in violation of any
Federal or State law or regulation.
SEC. 11265. FEASIBILITY STUDY ON CONSTRUCTION OF COAST GUARD
STATION AT PORT MANSFIELD.

(a) STUDY.—
(1) IN GENERAL.—Not later than 180 days after the date
of the enactment of this Act, the Commandant shall commence

H. R. 7776—1669
a feasibility study on construction of a Coast Guard station
at Port Mansfield, Texas.
(2) ELEMENTS.—The study required under paragraph (1)
shall include the following:
(A) An assessment of the resources and workforce
requirements necessary for a new Coast Guard station
at Port Mansfield.
(B) An identification of the enhancements to the missions and capabilities of the Coast Guard that a new Coast
Guard station at Port Mansfield would provide.
(C) An estimate of the life-cycle costs of such a facility,
including the costs of construction, maintenance costs, and
staffing costs.
(D) A cost-benefit analysis of the enhancements and
capabilities provided, as compared to the costs of construction, maintenance, and staffing.
(b) REPORT.—Not later than 180 days after commencing the
study required by subsection (a), the Commandant shall submit
to the Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Transportation and Infrastructure
of the House of Representatives a report on the findings of the
study.
SEC. 11266. PROCUREMENT OF TETHERED AEROSTAT RADAR SYSTEM
FOR COAST GUARD STATION SOUTH PADRE ISLAND.

Subject to the availability of appropriations, the Secretary shall
procure not fewer than 1 tethered aerostat radar system, or similar
technology, for use by the Coast Guard at and around Coast Guard
Station South Padre Island.
SEC. 11267. PROHIBITION ON MAJOR ACQUISITION CONTRACTS WITH
ENTITIES ASSOCIATED WITH CHINESE COMMUNIST
PARTY.

(a) IN GENERAL.—The Commandant may not award any major
acquisition contract until the Commandant receives a certification
from the party that it has not, during the 10-year period preceding
the planned date of award, directly or indirectly held an economic
interest in an entity that is—
(1) owned or controlled by the People’s Republic of China;
and
(2) part of the defense industry of the Chinese Communist
Party.
(b) INAPPLICABILITY TO TAIWAN.—Subsection (a) shall not apply
with respect to an economic interest in an entity owned or controlled
by Taiwan.
SEC. 11268. REVIEW OF DRUG INTERDICTION EQUIPMENT AND STANDARDS; TESTING FOR FENTANYL DURING INTERDICTION
OPERATIONS.

(a) REVIEW.—
(1) IN GENERAL.—The Commandant, in consultation with
the Administrator of the Drug Enforcement Administration
and the Secretary of Health and Human Services, shall—
(A) conduct a review of—
(i) the equipment, testing kits, and rescue medications used to conduct Coast Guard drug interdiction
operations; and

H. R. 7776—1670
(ii) the safety and training standards, policies, and
procedures with respect to such operations; and
(B) determine whether the Coast Guard is using the
latest equipment and technology and up-to-date training
and standards for recognizing, handling, testing, and
securing illegal drugs, fentanyl and other synthetic opioids,
and precursor chemicals during such operations.
(2) REPORT.—Not later than 180 days after the date of
enactment of this Act, the Commandant shall submit to the
appropriate committees of Congress a report on the results
of the review conducted under paragraph (1).
(3) APPROPRIATE COMMITTEES OF CONGRESS DEFINED.—In
this subsection, the term ‘‘appropriate committees of Congress’’
means—
(A) the Committee on Commerce, Science, and
Transportation and the Committee on Appropriations of
the Senate; and
(B) the Committee on Transportation and Infrastructure and the Committee on Appropriations of the House
of Representatives.
(b) REQUIREMENT.—If, as a result of the review required by
subsection (a), the Commandant determines that the Coast Guard
is not using the latest equipment and technology and up-to-date
training and standards for recognizing, handling, testing, and
securing illegal drugs, fentanyl and other synthetic opioids, and
precursor chemicals during drug interdiction operations, the Commandant shall ensure that the Coast Guard acquires and uses
such equipment and technology, carries out such training, and
implements such standards.
(c) TESTING FOR FENTANYL.—The Commandant shall ensure
that Coast Guard drug interdiction operations include the testing
of substances encountered during such operations for fentanyl, as
appropriate.
SEC. 11269. PUBLIC AVAILABILITY OF INFORMATION ON MONTHLY
MIGRANT INTERDICTIONS.

Not later than the 15th day of each month, the Commandant
shall make available to the public on the website of the Coast
Guard the number of migrant interdictions carried out by the
Coast Guard during the preceding month.
SEC. 11270. CARGO WAITING TIME REDUCTION.

Not later than 90 days after the date of enactment of this
Act, the Commandant shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the Senate
a report that includes—
(1) an explanation of the extent to which vessels carrying
cargo are complying with the requirements of chapter 700
of title 46, United States Code;
(2) the status of the investigation on the cause of the
oil spill that occurred in October 2021 on the waters over
the San Pedro Shelf related to an anchor strike, including
the expected date on which the Marine Casualty Investigation
Report with respect to such spill will be released; and
(3) with respect to such vessels, a summary of actions
taken or planned to be taken by the Commandant to provide

H. R. 7776—1671
additional protections against oil spills or other hazardous discharges caused by anchor strikes.
SEC. 11271. STUDY ON COAST GUARD OVERSIGHT AND INVESTIGATIONS.

(a) IN GENERAL.—Not later than 2 years after the date of
enactment of this Act, the Comptroller General of the United States
shall commence a study to assess the oversight over Coast Guard
activities, including investigations, personnel management, whistleblower protection, and other activities carried out by the Department of Homeland Security Office of Inspector General.
(b) ELEMENTS.—The study required under subsection (a) shall
include the following:
(1) An analysis of the ability of the Department of Homeland Security Office of Inspector General to ensure timely,
thorough, complete, and appropriate oversight over the Coast
Guard, including oversight over both civilian and military
activities.
(2) An assessment of—
(A) the best practices with respect to such oversight;
and
(B) the ability of the Department of Homeland Security
Office of Inspector General and the Commandant to identify
and achieve such best practices.
(3) An analysis of the methods, standards, and processes
employed by the Department of Defense Office of Inspector
General and the inspectors generals of the armed forces (as
such term is defined in section 101 of title 10, United States
Code), other than the Coast Guard, to conduct oversight and
investigation activities.
(4) An analysis of the methods, standards, and processes
of the Department of Homeland Security Office of Inspector
General with respect to oversight over the civilian and military
activities of the Coast Guard, as compared to the methods,
standards, and processes described in paragraph (3).
(5) An assessment of the extent to which the Coast Guard
Investigative Service completes investigations or other disciplinary measures after referral of complaints from the Department
of Homeland Security Office of Inspector General.
(6) A description of the staffing, expertise, training, and
other resources of the Department of Homeland Security Office
of Inspector General, and an assessment as to whether such
staffing, expertise, training, and other resources meet the
requirements necessary for meaningful, timely, and effective
oversight over the activities of the Coast Guard.
(c) REPORT.—Not later than 1 year after commencing the study
required under subsection (a), the Comptroller General shall submit
to the Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Transportation and Infrastructure
of the House of Representatives a report on the findings of the
study, including recommendations with respect to oversight over
Coast Guard activities.
(d) OTHER REVIEWS.—The study required under subsection (a)
may rely upon recently completed or ongoing reviews by the Comptroller General or other entities, as applicable.

H. R. 7776—1672

Subtitle H—Sexual Assault and Sexual
Harassment Response and Prevention
SEC. 11272. ADMINISTRATION OF SEXUAL ASSAULT FORENSIC EXAMINATION KITS.

(a) IN GENERAL.—Subchapter IV of chapter 5 of title 14, United
States Code, is amended by adding at the end the following:
‘‘§ 564. Administration of sexual assault forensic examination
kits
‘‘(a) SEXUAL ASSAULT FORENSIC EXAM PROCEDURE.—
‘‘(1) IN GENERAL.—Before embarking on any prescheduled
voyage, a Coast Guard vessel shall have in place a written
operating procedure that ensures that an embarked victim of
sexual assault shall have access to a sexual assault forensic
examination—
‘‘(A) as soon as possible after the victim requests an
examination; and
‘‘(B) that is treated with the same level of urgency
as emergency medical care.
‘‘(2) REQUIREMENTS.—The written operating procedure
required by paragraph (1), shall, at a minimum, account for—
‘‘(A) the health, safety, and privacy of a victim of
sexual assault;
‘‘(B) the proximity of ashore or afloat medical facilities,
including coordination as necessary with the Department
of Defense, including other military departments (as
defined in section 101 of title 10);
‘‘(C) the availability of aeromedical evacuation;
‘‘(D) the operational capabilities of the vessel concerned;
‘‘(E) the qualifications of medical personnel onboard;
‘‘(F) coordination with law enforcement and the
preservation of evidence;
‘‘(G) the means of accessing a sexual assault forensic
examination and medical care with a restricted report of
sexual assault;
‘‘(H) the availability of nonprescription pregnancy
prophylactics; and
‘‘(I) other unique military considerations.’’.
(b) CLERICAL AMENDMENT.—The analysis for chapter 5 of title
14, United States Code, is amended by inserting after the item
relating to section 563 the following:
‘‘564. Administration of sexual assault forensic examination kits.’’.

(c) STUDY.—
(1) IN GENERAL.—Not later than 1 year after the date
of the enactment of this Act, the Secretary shall seek to enter
into an agreement with the National Academy of Sciences under
which the National Academy of Sciences shall conduct a study
to assess challenges and prospective solutions associated with
sexual assault at sea, to include the provision of survivor care,
forensic examination of the victim, and evidence collection.
(2) CONTENTS.—The study under paragraph (1) shall, at
a minimum, address the feasibility of crisis response services
and physical evaluation through telemedicine and other options

H. R. 7776—1673
concerning immediate access to care whether onboard the vessel
or at the nearest shore side facility, including best practices
for administering sexual assault forensic examinations.
(3) ELEMENTS.—The study under paragraph (1) shall—
(A) take into account—
(i) the safety and security of the alleged victim
of sexual assault;
(ii) the ability to properly identify, document, and
preserve any evidence relevant to the allegation of
sexual assault;
(iii) the applicable criminal procedural laws
relating to authenticity, relevance, preservation of evidence, chain of custody, and any other matter relating
to evidentiary admissibility; and
(iv) best practices of conducting sexual assault
forensic examinations, as such term is defined in section 40723 of title 34, United States Code;
(B) provide any appropriate recommendation for
changes to existing laws, regulations, or employer policies;
(C) solicit public stakeholder input from individuals
and organizations with relevant expertise in sexual assault
response including healthcare, advocacy services, law
enforcement, and prosecution;
(D) evaluate the operational capabilities of the Coast
Guard since 2013 in providing alleged victims of sexual
assault immediate access to care onboard a vessel undertaking a prescheduled voyage that, at any point during
such voyage, would require the vessel to travel 3 consecutive days or longer to reach a land-based or afloat medical
facility, including—
(i) the average of and range in the reported hours
taken to evacuate an individual with any medical emergency to a land-based or afloat medical facility; and
(ii) the number of alleged victims, subjects, and
total incidents of sexual assault and sexual harassment
occurring while underway reported annually; and
(E) summarize the financial cost, required operational
adjustments, and potential benefits to the Coast Guard
to provide sexual assault forensic examination kits onboard
Coast Guard vessels undertaking a prescheduled voyage
that, at any point during such voyage, would require the
vessel to travel 3 consecutive days or longer to reach a
land-based or afloat medical facility.
(4) REPORT.—Upon completion of the study under paragraph (1), the National Academy of Sciences shall submit to
the Committee on Commerce, Science, and Transportation of
the Senate, the Committee on Transportation and Infrastructure of the House of Representatives, and the Secretary a
report on the findings of the study.
(5) ANNUAL REPORT.—The Commandant shall submit to
the Transportation and Infrastructure Committee of the House
and the Commerce, Science, and Transportation Committee
of the Senate a report containing the number of sexual assault
forensic examinations that were requested by, but not administered within 3 days to, alleged victims of sexual assault when
such victims were onboard a vessel.

H. R. 7776—1674
(6) SAVINGS CLAUSE.—In collecting the information required
under paragraphs (2) and (3), the Commandant shall collect
such information in a manner which protects the privacy rights
of individuals who are subjects of such information.
SEC. 11273. POLICY ON REQUESTS FOR PERMANENT CHANGES OF STATION OR UNIT TRANSFERS BY PERSONS WHO REPORT
BEING THE VICTIM OF SEXUAL ASSAULT.

(a) INTERIM UPDATE.—Not later than 30 days after the date
of enactment of this Act, the Commandant, in consultation with
the Director of the Health, Safety, and Work Life Directorate,
shall issue an interim update to Coast Guard policy guidance to
allow a member of the Coast Guard who has reported being the
victim of a sexual assault, or any other offense covered by section
920, 920c, or 930 of title 10, United States Code (article 120,
120c, or 130 of the Uniform Code of Military Justice), to request
an immediate change of station or an immediate unit transfer.
(b) FINAL POLICY.—The Commandant shall issue a final policy
based on the interim updates issued under the preceding sentence
not later than 1 year after the date of enactment of this Act.
SEC. 11274. SEX OFFENSES AND PERSONNEL RECORDS.

Not later than 180 days after the date of enactment of this
Act, the Commandant shall issue final regulations or policy guidance required to fully implement section 1745 of the National
Defense Authorization Act for Fiscal Year 2014 (Public Law 113–
66; 10 U.S.C. 1561 note) with respect to members of the Coast
Guard.
SEC. 11275. STUDY ON SPECIAL VICTIMS’ COUNSEL PROGRAM.

(a) IN GENERAL.—Not later than 30 days after the date of
enactment of this Act, the Secretary shall enter into an agreement
with a federally funded research and development center for the
conduct of a study on—
(1) the Special Victims’ Counsel program of the Coast
Guard;
(2) Coast Guard investigations of sexual assault offenses
for cases in which the subject of the investigation is no longer
under jeopardy for the alleged misconduct for reasons including
the death of the accused, a lapse in the statute of limitations
for the alleged offense, and a fully adjudicated criminal trial
of the alleged offense in which all appeals have been exhausted;
and
(3) legal support and representation provided to members
of the Coast Guard who are victims of sexual assault, including
in instances in which the accused is a member of the Army,
Navy, Air Force, Marine Corps, or Space Force.
(b) ELEMENTS.—The study required by subsection (a) shall
assess the following:
(1) The Special Victims’ Counsel program of the Coast
Guard, including training, effectiveness, capacity to handle the
number of cases referred, and experience with cases involving
members of the Coast Guard or members of another armed
force (as defined in section 101 of title 10, United States Code).
(2) The experience of Special Victims’ Counsels in representing members of the Coast Guard during a court-martial.

H. R. 7776—1675
(3) Policies concerning the availability and detailing of
Special Victims’ Counsels for sexual assault allegations, in particular such allegations in which the accused is a member
of another armed force (as defined in section 101 of title 10,
United States Code), and the impact that the cross-service
relationship had on—
(A) the competence and sufficiency of services provided
to the alleged victim; and
(B) the interaction between—
(i) the investigating agency and the Special Victims’ Counsels; and
(ii) the prosecuting entity and the Special Victims’
Counsels.
(4) Training provided to, or made available for, Special
Victims’ Counsels and paralegals with respect to Department
of Defense processes for conducting sexual assault investigations and Special Victims’ Counsel representation of sexual
assault victims.
(5) The ability of Special Victims’ Counsels to operate
independently without undue influence from third parties,
including the command of the accused, the command of the
victim, the Judge Advocate General of the Coast Guard, and
the Deputy Judge Advocate General of the Coast Guard.
(6) The skill level and experience of Special Victims’ Counsels, as compared to special victims’ counsels available to members of the Army, Navy, Air Force, Marine Corps, and Space
Force.
(7) Policies regarding access to an alternate Special Victims’
Counsel, if requested by the member of the Coast Guard concerned, and potential improvements for such policies.
(c) REPORT.—Not later than 180 days after entering into an
agreement under subsection (a), the federally funded research and
development center shall submit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives
a report that includes—
(1) the findings of the study required by such subsection;
(2) recommendations to improve the coordination, training,
and experience of Special Victims’ Counsels of the Coast Guard
so as to improve outcomes for members of the Coast Guard
who have reported sexual assault; and
(3) any other recommendation the federally funded research
and development center considers appropriate.

TITLE CXIII—ENVIRONMENT
Subtitle A—Marine Mammals
SEC. 11301. DEFINITIONS.

In this subtitle:
(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term
‘‘appropriate congressional committees’’ means—
(A) the Committee on Commerce, Science, and
Transportation of the Senate; and

H. R. 7776—1676
(B) the Committees on Transportation and Infrastructure and Natural Resources of the House of Representatives.
(2) CORE FORAGING HABITATS.—The term ‘‘core foraging
habitats’’ means areas—
(A) with biological and physical oceanographic features
that aggregate Calanus finmarchicus; and
(B) where North Atlantic right whales foraging
aggregations have been well documented.
(3) EXCLUSIVE ECONOMIC ZONE.—The term ‘‘exclusive economic zone’’ has the meaning given that term in section 107
of title 46, United States Code.
(4) INSTITUTION OF HIGHER EDUCATION.—The term ‘‘institution of higher education’’ has the meaning given that term
in section 101(a) of the Higher Education Act of 1965 (20
U.S.C. 1001(a)).
(5) LARGE CETACEAN.—The term ‘‘large cetacean’’ means
all endangered or threatened species within—
(A) the suborder Mysticeti;
(B) the genera Physeter; or
(C) the genera Orcinus.
(6) NEAR REAL-TIME.—The term ‘‘near real-time’’, with
respect to monitoring of whales, means that visual, acoustic,
or other detections of whales are processed, transmitted, and
reported as close to the time of detection as is technically
feasible.
(7) NONPROFIT ORGANIZATION.—The term ‘‘nonprofit
organization’’ means an organization that is described in section
501(c) of the Internal Revenue Code of 1986 and exempt from
tax under section 501(a) of such Code.
(8) PUGET SOUND REGION.—The term ‘‘Puget Sound region’’
means the Vessel Traffic Service Puget Sound area described
in section 161.55 of title 33, Code of Federal Regulations (as
of the date of enactment of this Act).
(9) TRIBAL GOVERNMENT.—The term ‘‘Tribal government’’
means the recognized governing body of any Indian or Alaska
Native Tribe, band, nation, pueblo, village, community, component band, or component reservation, individually identified
(including parenthetically) in the list published most recently
as of the date of enactment of this Act pursuant to section
104 of the Federally Recognized Indian Tribe List Act of 1994
(25 U.S.C. 5131).
(10) UNDER SECRETARY.—The term ‘‘Under Secretary’’
means the Under Secretary of Commerce for Oceans and
Atmosphere.
SEC. 11302. ASSISTANCE TO PORTS TO REDUCE IMPACTS OF VESSEL
TRAFFIC AND PORT OPERATIONS ON MARINE MAMMALS.

(a) IN GENERAL.—Not later than 180 days after the date of
enactment of this Act, the Under Secretary, in consultation with
the Director of the United States Fish and Wildlife Service, the
Secretary, the Secretary of Defense, and the Administrator of the
Maritime Administration, shall establish a grant program to provide
assistance to eligible entities to develop and implement mitigation
measures that will lead to a quantifiable reduction in threats to
marine mammals from vessel traffic, including shipping activities
and port operations.

H. R. 7776—1677
(b) ELIGIBLE USES.—Assistance provided under subsection (a)
may be used to develop, assess, and carry out activities that reduce
threats to marine mammals by—
(1) reducing underwater stressors related to marine traffic;
(2) reducing mortality and serious injury from vessel strikes
and other physical disturbances;
(3) monitoring sound;
(4) reducing vessel interactions with marine mammals;
(5) conducting other types of monitoring that are consistent
with reducing the threats to, and enhancing the habitats of,
marine mammals; or
(6) supporting State agencies and Tribal governments in
developing the capacity to receive assistance under this section
through education, training, information sharing, and collaboration to participate in the grant program under this section.
(c) PRIORITY.—The Under Secretary shall prioritize providing
assistance under subsection (a) for projects that—
(1) are based on the best available science with respect
to methods to reduce threats to marine mammals;
(2) collect data on the effects of such methods and the
reduction of such threats;
(3) assist ports that pose a higher relative threat to marine
mammals listed as threatened or endangered under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.);
(4) are in close proximity to areas in which threatened
or endangered cetaceans are known to experience other
stressors; or
(5) allow eligible entities to conduct risk assessments and
to track progress toward threat reduction.
(d) OUTREACH.—The Under Secretary, in coordination with the
Secretary, the Administrator of the Maritime Administration, and
the Director of the United States Fish and Wildlife Service, as
appropriate, shall conduct coordinated outreach to ports to provide
information with respect to—
(1) how to apply for assistance under subsection (a);
(2) the benefits of such assistance; and
(3) facilitation of best practices and lessons, including the
best practices and lessons learned from activities carried out
using such assistance.
(e) REPORT REQUIRED.—Not less frequently than annually, the
Under Secretary shall make available to the public on a publicly
accessible website of the National Oceanic and Atmospheric
Administration a report that includes the following information:
(1) The name and location of each entity to which assistance
was awarded under subsection (a) during the year preceding
submission of the report.
(2) The amount of each such award.
(3) A description of the activities carried out with each
such award.
(4) An estimate of the likely impact of such activities on
the reduction of threats to marine mammals.
(f) DEFINITION OF ELIGIBLE ENTITY.—In this section, the term
‘‘eligible entity’’ means—
(1) a port authority for a port;
(2) a State, regional, local, or Tribal government, or an
Alaska Native or Native Hawaiian entity that has jurisdiction
over a maritime port authority or a port;

H. R. 7776—1678
(3) an academic institution, research institution, or nonprofit organization working in partnership with a port; or
(4) a consortium of entities described in paragraphs (1)
through (3).
(g) FUNDING.—From funds otherwise appropriated to the Under
Secretary, $10,000,000 is authorized to carry out this section for
each of fiscal years 2023 through 2028.
(h) SAVINGS CLAUSE.—An activity may not be carried out under
this section if the Secretary of Defense, in consultation with the
Under Secretary, determines that the activity would negatively
impact the defense readiness or the national security of the United
States.
SEC. 11303. NEAR REAL-TIME MONITORING AND MITIGATION PROGRAM FOR LARGE CETACEANS.

(a) ESTABLISHMENT.—The Under Secretary, in coordination
with the heads of other relevant Federal agencies, shall design
and deploy a cost-effective, efficient, and results-oriented near realtime monitoring and mitigation program (referred to in this section
as the ‘‘Program’’) for threatened or endangered cetaceans.
(b) PURPOSE.—The purpose of the Program shall be to reduce
the risk to large cetaceans posed by vessel collisions and to minimize
other impacts on large cetaceans through the use of near realtime location monitoring and location information.
(c) REQUIREMENTS.—The Program shall—
(1) prioritize species of large cetaceans for which impacts
from vessel collisions are of particular concern;
(2) prioritize areas where such impacts are of particular
concern;
(3) be capable of detecting and alerting ocean users and
enforcement agencies of the probable location of large cetaceans
on an actionable real-time basis, including through real-time
data whenever possible;
(4) inform sector-specific mitigation protocols to effectively
reduce takes (as defined in section 216.3 of title 50, Code
of Federal Regulations, or successor regulations) of large
cetaceans;
(5) integrate technology improvements; and
(6) be informed by technologies, monitoring methods, and
mitigation protocols developed under the pilot project required
under subsection (d).
(d) PILOT PROJECT.—
(1) ESTABLISHMENT.—In carrying out the Program, the
Under Secretary shall first establish a pilot monitoring and
mitigation project (referred to in this section as the ‘‘pilot
project’’) for North Atlantic right whales for the purposes of
informing the Program.
(2) REQUIREMENTS.—In designing and deploying the pilot
project, the Under Secretary, in coordination with the heads
of other relevant Federal agencies, shall, using the best available scientific information, identify and ensure coverage of—
(A) core foraging habitats; and
(B) important feeding, breeding, calving, rearing, or
migratory habitats of North Atlantic right whales that
co-occur with areas of high risk of mortality or serious
injury of such whales from vessels, vessel strikes, or
disturbance.

H. R. 7776—1679
(3) COMPONENTS.—Not later than 3 years after the date
of enactment of this Act, the Under Secretary, in consultation
with relevant Federal agencies and Tribal governments, and
with input from affected stakeholders, shall design and deploy
a near real-time monitoring system for North Atlantic right
whales that—
(A) comprises the best available detection power, spatial coverage, and survey effort to detect and localize North
Atlantic right whales within habitats described in paragraph (2);
(B) is capable of detecting North Atlantic right whales,
including visually and acoustically;
(C) uses dynamic habitat suitability models to inform
the likelihood of North Atlantic right whale occurrence
habitats described in paragraph (2) at any given time;
(D) coordinates with the Integrated Ocean Observing
System of the National Oceanic and Atmospheric Administration and Regional Ocean Partnerships to leverage monitoring assets;
(E) integrates historical data;
(F) integrates new near real-time monitoring methods
and technologies as such methods and technologies become
available;
(G) accurately verifies and rapidly communicates detection data to appropriate ocean users;
(H) creates standards for contributing, and allows
ocean users to contribute, data to the monitoring system
using comparable near real-time monitoring methods and
technologies;
(I) communicates the risks of injury to large cetaceans
to ocean users in a manner that is most likely to result
in informed decision-making regarding the mitigation of
those risks; and
(J) minimizes additional stressors to large cetaceans
as a result of the information available to ocean users.
(4) REPORTS.—
(A) PRELIMINARY REPORT.—
(i) IN GENERAL.—Not later than 2 years after the
date of enactment of this Act, the Under Secretary
shall submit to the Committee on Commerce, Science,
and Transportation of the Senate and the Committee
on Natural Resources of the House of Representatives,
and make available to the public, a preliminary report
on the pilot project.
(ii) ELEMENTS.—The report required under clause
(i) shall include the following:
(I) A description of the monitoring methods
and technology in use or planned for deployment
under the pilot project.
(II) An analysis of the efficacy of the methods
and technology in use or planned for deployment
for detecting North Atlantic right whales.
(III) An assessment of the manner in which
the monitoring system designed and deployed
under this subsection is directly informing and
improving the management, health, and survival
of North Atlantic right whales.

H. R. 7776—1680
(IV) A prioritized identification of technology
or research gaps.
(V) A plan to communicate the risks of injury
to large cetaceans to ocean users in a manner
that is most likely to result in informed decision
making regarding the mitigation of such risks.
(VI) Any other information on the potential
benefits and efficacy of the pilot project the Under
Secretary considers appropriate.
(B) FINAL REPORT.—
(i) IN GENERAL.—Not later than 6 years after the
date of enactment of this Act, the Under Secretary,
in coordination with the heads of other relevant Federal agencies, shall submit to the Committee on Commerce, Science, and Transportation of the Senate and
the Committee on Natural Resources of the House
of Representatives, and make available to the public,
a final report on the pilot project.
(ii) ELEMENTS.—The report required under clause
(i) shall—
(I) address the preliminary report required
under subparagraph (A); and
(II) include—
(aa) an assessment of the benefits and
efficacy of the pilot project;
(bb) a strategic plan to expand the pilot
project to provide near real-time monitoring
and mitigation measures—
(AA) to additional large cetaceans of
concern for which such measures would
reduce risk of serious injury or death; and
(BB) in important feeding, breeding,
calving, rearing, or migratory habitats of
large cetaceans that co-occur with areas
of high risk of mortality or serious injury
from vessel strikes or disturbance;
(cc) a budget and description of funds necessary to carry out such plan;
(dd) a prioritized plan for acquisition,
deployment, and maintenance of monitoring
technologies; and
(ee) the locations or species to which such
plan would apply.
(e) MITIGATION PROTOCOLS.—The Under Secretary, in consultation with the Secretary, the Secretary of Defense, the Secretary
of Transportation, and the Secretary of the Interior, and with
input from affected stakeholders, shall develop and deploy mitigation protocols that make use of any monitoring system designed
and deployed under this section to direct sector-specific mitigation
measures that avoid and significantly reduce risk of serious injury
and mortality to North Atlantic right whales.
(f) ACCESS TO DATA.—The Under Secretary shall provide access
to data generated by any monitoring system designed and deployed
under this section for purposes of scientific research and evaluation
and public awareness and education, including through the Right
Whale Sighting Advisory System of the National Oceanic and
Atmospheric Administration and WhaleMap or other successor

H. R. 7776—1681
public website portals, subject to review for national security considerations.
(g) ADDITIONAL AUTHORITY.—The Under Secretary may enter
into and perform such contracts, leases, grants, or cooperative agreements as may be necessary to carry out this section on such terms
as the Under Secretary considers appropriate, consistent with the
Federal Acquisition Regulation.
(h) SAVINGS CLAUSE.—An activity may not be carried out under
this section if the Secretary of Defense, in consultation with the
Under Secretary, determines that the activity would negatively
impact the defense readiness or the national security of the United
States.
(i) FUNDING.—From funds otherwise appropriated to the Under
Secretary $5,000,000 is authorized to support development, deployment, application, and ongoing maintenance of the Program and
to otherwise carry out this section for each of fiscal years 2023
through 2027.
SEC. 11304. PILOT PROGRAM TO ESTABLISH A CETACEAN DESK FOR
PUGET SOUND REGION.

(a) ESTABLISHMENT.—
(1) IN GENERAL.—Not later than 1 year after the date
of enactment of this Act, the Secretary, with the concurrence
of the Under Secretary, shall carry out a pilot program to
establish a Cetacean Desk, which shall be—
(A) located and manned within the Puget Sound Vessel
Traffic Service; and
(B) designed—
(i) to improve coordination with the maritime
industry to reduce the risk of vessel impacts on large
cetaceans, including impacts from vessel strikes,
disturbances, and other sources; and
(ii) to monitor the presence and location of large
cetaceans during the months during which such large
cetaceans are present in Puget Sound, the Strait of
Juan de Fuca, and the United States portion of the
Salish Sea.
(2) DURATION AND STAFFING.—The pilot program required
under paragraph (1)—
(A) shall—
(i) be for a duration of 4 years; and
(ii) require not more than 1 full-time equivalent
position, who shall also contribute to other necessary
Puget Sound Vessel Traffic Service duties and responsibilities as needed; and
(B) may be supported by other existing Federal
employees, as appropriate.
(b) ENGAGEMENT WITH VESSEL OPERATORS.—
(1) IN GENERAL.—In carrying out the pilot program required
under subsection (a), the Secretary shall require personnel
of the Cetacean Desk to engage with vessel operators in areas
where large cetaceans have been seen or could reasonably be
present to ensure compliance with applicable laws, regulations,
and voluntary guidance, to reduce the impact of vessel traffic
on large cetaceans.
(2) CONTENTS.—In engaging with vessel operators as
required under paragraph (1), personnel of the Cetacean Desk

H. R. 7776—1682
shall communicate where and when sightings of large cetaceans
have occurred.
(c) MEMORANDUM OF UNDERSTANDING.—The Secretary and the
Under Secretary may enter into a memorandum of understanding
to facilitate real-time sharing of data relating to large cetaceans
between the Quiet Sound program of the State of Washington,
the National Oceanic and Atmospheric Administration, the Puget
Sound Vessel Traffic Service, and other relevant entities, as appropriate.
(d) DATA.—The Under Secretary shall leverage existing data
collection methods, the program required by section 11303, and
public data to ensure accurate and timely information on the
sighting of large cetaceans.
(e) CONSULTATIONS.—
(1) IN GENERAL.—In carrying out the pilot program required
under subsection (a), the Secretary shall consult with Tribal
governments, the State of Washington, institutions of higher
education, the maritime industry, ports in the Puget Sound
region, and nongovernmental organizations.
(2) COORDINATION WITH CANADA.—When appropriate, the
Secretary shall coordinate with the Government of Canada,
consistent with policies and agreements relating to management of vessel traffic in Puget Sound.
(f) PUGET SOUND VESSEL TRAFFIC SERVICE LOCAL VARIANCE
AND POLICY.—The Secretary, with the concurrence of the Under
Secretary and in consultation with the Captain of the Port for
the Puget Sound region—
(1) shall implement local variances, as authorized by subsection (c) of section 70001 of title 46, United States Code,
to reduce the impact of vessel traffic on large cetaceans; and
(2) may enter into cooperative agreements, in accordance
with subsection (d) of such section, with Federal, State, Tribal,
and local officials to reduce the likelihood of vessel interactions
with protected large cetaceans, which may include—
(A) communicating marine mammal protection guidance to vessels;
(B) training on requirements imposed by local, State,
Tribal, and Federal laws and regulations and guidelines
concerning—
(i) vessel buffer zones;
(ii) vessel speed;
(iii) seasonal no-go zones for vessels;
(iv) protected areas, including areas designated as
critical habitat, as applicable to marine operations;
and
(v) any other activities to reduce the direct and
indirect impact of vessel traffic on large cetaceans;
(C) training to understand, utilize, and communicate
large cetacean location data; and
(D) training to understand and communicate basic
large cetacean detection, identification, and behavior,
including—
(i) cues of the presence of large cetaceans such
as spouts, water disturbances, breaches, or presence
of prey;

H. R. 7776—1683
(ii) important feeding, breeding, calving, and
rearing habitats that co-occur with areas of high risk
of vessel strikes;
(iii) seasonal large cetacean migration routes that
co-occur with areas of high risk of vessel strikes; and
(iv) areas designated as critical habitat for large
cetaceans.
(g) REPORT REQUIRED.—Not later than 1 year after the date
of enactment of this Act, and every 2 years thereafter for the
duration of the pilot program, the Commandant, in coordination
with the Under Secretary and the Administrator of the Maritime
Administration, shall submit to the appropriate congressional
committees a report that—
(1) evaluates the functionality, utility, reliability, responsiveness, and operational status of the Cetacean Desk established under this section, including a quantification of reductions in vessel strikes to large cetaceans as a result of the
pilot program;
(2) assesses the efficacy of communication between the
Cetacean Desk and the maritime industry and provides recommendations for improvements;
(3) evaluates the integration and interoperability of existing
data collection methods, as well as public data, into the Cetacean Desk operations;
(4) assesses the efficacy of collaboration and stakeholder
engagement with Tribal governments, the State of Washington,
institutions of higher education, the maritime industry, ports
in the Puget Sound region, and nongovernmental organizations;
and
(5) evaluates the progress, performance, and implementation of guidance and training procedures for Puget Sound Vessel
Traffic Service personnel, as required under subsection (f).
SEC. 11305. MONITORING OCEAN SOUNDSCAPES.

(a) IN GENERAL.—The Under Secretary shall maintain and
expand an ocean soundscape development program to—
(1) award grants to expand the deployment of Federal
and non-Federal observing and data management systems
capable of collecting measurements of underwater sound for
purposes of monitoring and analyzing baselines and trends
in the underwater soundscape to protect and manage marine
life;
(2) continue to develop and apply standardized forms of
measurements to assess sounds produced by marine animals,
physical processes, and anthropogenic activities; and
(3) after coordinating with the Secretary of Defense, coordinate and make accessible to the public the datasets, modeling
and analysis, and user-driven products and tools resulting from
observations of underwater sound funded through grants
awarded under paragraph (1).
(b) COORDINATION.—The program described in subsection (a)
shall—
(1) include the Ocean Noise Reference Station Network
of the National Oceanic and Atmospheric Administration and
the National Park Service;
(2) use and coordinate with the Integrated Ocean Observing
System; and

H. R. 7776—1684
(3) coordinate with the Regional Ocean Partnerships and
the Director of the United States Fish and Wildlife Service,
as appropriate.
(c) PRIORITY.—In awarding grants under subsection (a), the
Under Secretary shall consider the geographic diversity of the
recipients of such grants.
(d) SAVINGS CLAUSE.—An activity may not be carried out under
this section if the Secretary of Defense, in consultation with the
Under Secretary, determines that the activity would negatively
impact the defense readiness or the national security of the United
States.
(e) FUNDING.—From funds otherwise appropriated to the Under
Secretary, $1,500,000 is authorized for each of fiscal years 2023
through 2028 to carry out this section.

Subtitle B—Oil Spills
SEC. 11306. REPORT ON CHANGING SALVORS.

Section 311(c)(3) of the Federal Water Pollution Control Act
(33 U.S.C. 1321(c)(3)) is amended by adding at the end the following:
‘‘(C) In any case in which the President or the Federal
On-Scene Coordinator authorizes a deviation from the salvor
as part of a deviation under subparagraph (B) from the
applicable response plan required under subsection (j), the Commandant of the Coast Guard shall submit to the Committee
on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report describing the deviation
and the reasons for such deviation not less than 3 days after
such deviation is authorized.’’.
SEC. 11307. LIMITED INDEMNITY PROVISIONS IN STANDBY OIL SPILL
RESPONSE CONTRACTS.

(a) IN GENERAL.—Subject to subsections (b) and (c), a contract
with the Coast Guard for the containment or removal of a discharge
entered into by the President under section 311(c) of the Federal
Water Pollution Control Act (33 U.S.C. 1321(c)) shall contain a
provision to indemnify a contractor for liabilities and expenses
incidental to the containment or removal arising out of the performance of the contract that is substantially identical to the terms
contained in subsections (d) through (h) of section H.4 (except
for paragraph (1) of subsection (d)) of the contract offered by the
Coast Guard in the solicitation numbered DTCG89–98– A–68F953,
dated November 17, 1998.
(b) REQUIREMENTS.—
(1) SOURCE OF FUNDS.—The provision required under subsection (a) shall include a provision that the obligation to indemnify is limited to funds available in the Oil Spill Liability
Trust Fund established by section 9509(a) of the Internal Revenue Code of 1986 at the time the claim for indemnity is
made.
(2) UNCOMPENSATED REMOVAL.—A claim for indemnity
under a contract described in subsection (a) shall be made
as a claim for uncompensated removal costs under section
1012(a)(4) of the Oil Pollution Act of 1990 (33 U.S.C. 2712(a)(4)).

H. R. 7776—1685
(3) LIMITATION.—The total indemnity for a claim under
a contract described in subsection (a) may not be more than
$50,000 per incident.
(c) APPLICABILITY OF EXEMPTIONS.—Notwithstanding subsection
(a), the United States shall not be obligated to indemnify a contractor for any act or omission of the contractor carried out pursuant
to a contract entered into under this section where such act or
omission is grossly negligent or which constitutes willful misconduct.
SEC. 11308. IMPROVING OIL SPILL PREPAREDNESS.

The Under Secretary of Commerce for Oceans and Atmosphere
shall include in the Automated Data Inquiry for Oil Spills database
(or a successor database) used by National Oceanic and Atmospheric
Administration oil weathering models new data, including peerreviewed data, on properties of crude and refined oils, including
data on diluted bitumen, as such data becomes publicly available.
SEC. 11309. WESTERN ALASKA OIL SPILL PLANNING CRITERIA.

(a) ALASKA OIL SPILL PLANNING CRITERIA PROGRAM.—
(1) IN GENERAL.—Chapter 3 of title 14, United States Code,
is amended by adding at the end the following:
‘‘§ 323. Western Alaska Oil Spill Planning Criteria Program
‘‘(a) ESTABLISHMENT.—There is established within the Coast
Guard a Western Alaska Oil Spill Planning Criteria Program
(referred to in this section as the ‘Program’) to develop and administer the Western Alaska oil spill planning criteria.
‘‘(b) PROGRAM MANAGER.—
‘‘(1) IN GENERAL.—Not later than 1 year after the date
of enactment of this section, the Commandant shall select a
permanent civilian career employee through a competitive
search process for a term of not less than 5 years to serve
as the Western Alaska Oil Spill Criteria Program Manager
(referred to in this section as the ‘Program Manager’)—
‘‘(A) the primary duty of whom shall be to administer
the Program; and
‘‘(B) who shall not be subject to frequent or routine
reassignment.
‘‘(2) CONFLICTS OF INTEREST.—The individual selected to
serve as the Program Manager shall not have conflicts of
interest relating to entities regulated by the Coast Guard.
‘‘(3) DUTIES.—
‘‘(A) DEVELOPMENT OF GUIDANCE.—The Program Manager shall develop guidance for—
‘‘(i) approval, drills, and testing relating to the
Western Alaska oil spill planning criteria; and
‘‘(ii) gathering input concerning such planning criteria from Federal agencies, State and local governments, Tribes, and relevant industry and nongovernmental entities.
‘‘(B) ASSESSMENTS.—Not less frequently than once
every 5 years, the Program Manager shall—
‘‘(i) assess whether such existing planning criteria
adequately meet the needs of vessels operating in the
geographic area; and

H. R. 7776—1686
‘‘(ii) identify methods for advancing response capability so as to achieve, with respect to a vessel, compliance with national planning criteria.
‘‘(C) ONSITE VERIFICATIONS.—The Program Manager
shall address the relatively small number and limited
nature of verifications of response capabilities for vessel
response plans by increasing, within the Seventeenth Coast
Guard District, the quantity and frequency of onsite
verifications of the providers identified in vessel response
plans.
‘‘(c) TRAINING.—The Commandant shall enhance the knowledge
and proficiency of Coast Guard personnel with respect to the Program by—
‘‘(1) developing formalized training on the Program that,
at a minimum—
‘‘(A) provides in-depth analysis of—
‘‘(i) the national planning criteria described in part
155 of title 33, Code of Federal Regulations (as in
effect on the date of enactment of this section);
‘‘(ii) alternative planning criteria;
‘‘(iii) Western Alaska oil spill planning criteria;
‘‘(iv) Captain of the Port and Federal On-Scene
Coordinator authorities related to activation of a vessel
response plan;
‘‘(v) the responsibilities of vessel owners and operators in preparing a vessel response plan for submission;
and
‘‘(vi) responsibilities of the Area Committee,
including risk analysis, response capability, and
development of alternative planning criteria;
‘‘(B) explains the approval processes of vessel response
plans that involve alternative planning criteria or Western
Alaska oil spill planning criteria; and
‘‘(C) provides instruction on the processes involved in
carrying out the actions described in paragraphs (9)(D)
and (9)(F) of section 311(j) of the Federal Water Pollution
Control Act (33 U.S.C. 1321(j)), including instruction on
carrying out such actions—
‘‘(i) in any geographic area in the United States;
and
‘‘(ii) specifically in the Seventeenth Coast Guard
District; and
‘‘(2) providing such training to all Coast Guard personnel
involved in the Program.
‘‘(d) DEFINITIONS.—In this section:
‘‘(1) ALTERNATIVE PLANNING CRITERIA.—The term ‘alternative planning criteria’ means criteria submitted under section
155.1065 or 155.5067 of title 33, Code of Federal Regulations
(as in effect on the date of enactment of this section), for
vessel response plans.
‘‘(2) TRIBE.—The term ‘Tribe’ has the meaning given the
term ‘Indian Tribe’ in section 4 of the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 5304).
‘‘(3) VESSEL RESPONSE PLAN.—The term ‘vessel response
plan’ means a plan required to be submitted by the owner

H. R. 7776—1687
or operator of a tank vessel or a nontank vessel under regulations issued by the President under section 311(j)(5) of the
Federal Water Pollution Control Act (33 U.S.C. 1321(j)(5)).
‘‘(4) WESTERN ALASKA OIL SPILL PLANNING CRITERIA.—The
term ‘Western Alaska oil spill planning criteria’ means the
criteria required to be established under paragraph (9) of section 311(j) of the Federal Water Pollution Control Act (33
U.S.C. 1321(j)).’’.
(2) CLERICAL AMENDMENT.—The analysis for chapter 3 of
title 14, United States Code, is amended by adding at the
end the following:
‘‘323. Western Alaska Oil Spill Planning Criteria Program.’’.

(b) WESTERN ALASKA OIL SPILL PLANNING CRITERIA.—
(1) AMENDMENT.—Section 311(j) of the Federal Water Pollution Control Act (33 U.S.C. 1321(j)) is amended by adding
at the end the following:
‘‘(9) WESTERN ALASKA OIL SPILL PLANNING CRITERIA PROGRAM.—
‘‘(A) DEFINITIONS.—In this paragraph:
‘‘(i) ALTERNATIVE PLANNING CRITERIA.—The term
‘alternative planning criteria’ means criteria submitted
under section 155.1065 or 155.5067 of title 33, Code
of Federal Regulations (as in effect on the date of
enactment of this paragraph), for vessel response plans.
‘‘(ii) PRINCE WILLIAM SOUND CAPTAIN OF THE PORT
ZONE.—The term ‘Prince William Sound Captain of
the Port Zone’ means the area described in section
3.85–15(b) of title 33, Code of Federal Regulations (or
successor regulations).
‘‘(iii) SECRETARY.—The term ‘Secretary’ means the
Secretary of the department in which the Coast Guard
is operating.
‘‘(iv) VESSEL RESPONSE PLAN.—The term ‘vessel
response plan’ means a plan required to be submitted
by the owner or operator of a tank vessel or a nontank
vessel under regulations issued by the President under
paragraph (5).
‘‘(v) WESTERN ALASKA CAPTAIN OF THE PORT
ZONE.—The term ‘Western Alaska Captain of the Port
Zone’ means the area described in section 3.85–15(a)
of title 33, Code of Federal Regulations (as in effect
on the date of enactment of this paragraph).
‘‘(B) REQUIREMENT.—Except as provided in subparagraph (I), for any part of the area of responsibility of
the Western Alaska Captain of the Port Zone or the Prince
William Sound Captain of the Port Zone for which the
Secretary has determined that the national planning criteria established pursuant to this subsection are inappropriate for a vessel operating in such area, a vessel response
plan with respect to a discharge of oil for such a vessel
shall comply with the Western Alaska oil spill planning
criteria established under subparagraph (D)(i).
‘‘(C) RELATION TO NATIONAL PLANNING CRITERIA.—The
Western Alaska oil spill planning criteria established under
subparagraph (D)(i) shall, with respect to a discharge of
oil from a vessel described in subparagraph (B), apply
in lieu of any alternative planning criteria accepted for

H. R. 7776—1688
vessels operating, prior to the date on which the Western
Alaska oil spill planning criteria are established, in any
part of the area of responsibility of the Western Alaska
Captain of the Port Zone or the Prince William Sound
Captain of the Port Zone for which the Secretary has
determined that the national planning criteria established
pursuant to this subsection are inappropriate for a vessel
operating in such area.
‘‘(D) ESTABLISHMENT OF WESTERN ALASKA OIL SPILL
PLANNING CRITERIA.—
‘‘(i) IN GENERAL.—The President, acting through
the Commandant, in consultation with the Western
Alaska Oil Spill Criteria Program Manager selected
under section 323 of title 14, United States Code, shall
establish—
‘‘(I) Western Alaska oil spill planning criteria
for a worst case discharge of oil, and a substantial
threat of such a discharge, within any part of
the area of responsibility of the Western Alaska
Captain of the Port Zone or Prince William Sound
Captain of the Port Zone for which the Secretary
has determined that the national planning criteria
established pursuant to this subsection are
inappropriate for a vessel operating in such area;
and
‘‘(II)
standardized
submission,
review,
approval, and compliance verification processes for
the Western Alaska oil spill planning criteria
established under this clause, including the
quantity and frequency of drills and on-site
verifications of vessel response plans approved
pursuant to such planning criteria.
‘‘(ii) DEVELOPMENT OF SUBREGIONS.—
‘‘(I) DEVELOPMENT.—After establishing the
Western Alaska oil spill planning criteria under
clause (i), and if necessary to adequately reflect
the needs and capabilities of various locations
within the Western Alaska Captain of the Port
Zone, the President, acting through the Commandant, and in consultation with the Western
Alaska Oil Spill Criteria Program Manager
selected under section 323 of title 14, United States
Code, may develop subregions for which planning
criteria may differ from planning criteria for other
subregions in the Western Alaska Captain of the
Port Zone.
‘‘(II) LIMITATION.—Any planning criteria for
a subregion developed under this clause may not
be less stringent than the Western Alaska oil spill
planning criteria established under clause (i).
‘‘(iii) ASSESSMENT.—
‘‘(I) IN GENERAL.—Prior to developing a subregion, the President, acting through the Commandant, shall conduct an assessment on any
potential impacts to the entire Western Alaska
Captain of the Port Zone to include quantity and
availability of response resources in the proposed

H. R. 7776—1689
subregion and in surrounding areas and any
changes or impacts to surrounding areas resulting
in the development of a subregion with different
standards.
‘‘(II) CONSULTATION.—In conducting an assessment under this clause, the President, acting
through the Commandant, shall consult with State
and local governments, Tribes (as defined in section 323 of title 14, United States Code), the
owners and operators that would operate under
the proposed subregions, oil spill removal organizations, Alaska Native organizations, and environmental nongovernmental organizations, and shall
take into account any experience with the prior
use of subregions within the State of Alaska.
‘‘(III) SUBMISSION.—The President, acting
through the Commandant, shall submit the results
of an assessment conducted under this clause to
the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation
of the Senate.
‘‘(E) INCLUSIONS.—
‘‘(i) REQUIREMENTS.—The Western Alaska oil spill
planning criteria established under subparagraph (D)(i)
shall include planning criteria for the following:
‘‘(I) Mechanical oil spill response resources
that are required to be located within any part
of the area of responsibility of the Western Alaska
Captain of the Port Zone or the Prince William
Sound Captain of the Port Zone for which the
Secretary has determined that the national planning criteria established pursuant to this subsection are inappropriate for a vessel operating
in such area.
‘‘(II) Response times for mobilization of oil spill
response resources and arrival on the scene of
a worst case discharge of oil, or substantial threat
of such a discharge, occurring within such part
of such area.
‘‘(III) Pre-identified vessels for oil spill
response that are capable of operating in the ocean
environment.
‘‘(IV) Ensuring the availability of at least 1
oil spill removal organization that is classified by
the Coast Guard and that—
‘‘(aa) is capable of responding in all operating environments in such part of such area;
‘‘(bb) controls oil spill response resources
of dedicated and nondedicated resources
within such part of such area, through ownership, contracts, agreements, or other means
approved by the President, sufficient—
‘‘(AA) to mobilize and sustain a
response to a worst case discharge of oil;
and

H. R. 7776—1690
‘‘(BB) to contain, recover, and temporarily store discharged oil;
‘‘(cc) has pre-positioned oil spill response
resources in strategic locations throughout
such part of such area in a manner that
ensures the ability to support response personnel, marine operations, air cargo, or other
related logistics infrastructure;
‘‘(dd) has temporary storage capability
using both dedicated and non-dedicated assets
located within such part of such area;
‘‘(ee) has non-mechanical oil spill response
resources capable of responding to a discharge
of persistent oil and a discharge of nonpersistent oil, whether the discharged oil was carried by a vessel as fuel or cargo; and
‘‘(ff) has wildlife response resources for
primary, secondary, and tertiary responses to
support carcass collection, sampling, deterrence, rescue, and rehabilitation of birds, sea
turtles, marine mammals, fishery resources,
and other wildlife.
‘‘(V) With respect to tank barges carrying nonpersistent oil in bulk as cargo, oil spill response
resources that are required to be carried on board.
‘‘(VI) Specifying a minimum length of time
that approval of a vessel response plan under this
paragraph is valid.
‘‘(VII) Managing wildlife protection and
rehabilitation, including identified wildlife protection and rehabilitation resources in that area.
‘‘(ii) ADDITIONAL CONSIDERATIONS.—The Western
Alaska oil spill planning criteria established under
subparagraph (D)(i) may include planning criteria for
the following:
‘‘(I) Vessel routing measures consistent with
international routing measure deviation protocols.
‘‘(II) Maintenance of real-time continuous
vessel tracking, monitoring, and engagement
protocols with the ability to detect and address
vessel operation anomalies.
‘‘(F) REQUIREMENT FOR APPROVAL.—The President may
approve a vessel response plan for a vessel under this
paragraph only if the owner or operator of the vessel demonstrates the availability of the oil spill response resources
required to be included in the vessel response plan under
the Western Alaska oil spill planning criteria established
under subparagraph (D)(i).
‘‘(G) PERIODIC AUDITS.—The Secretary shall conduct
periodic audits to ensure compliance of vessel response
plans and oil spill removal organizations within the
Western Alaska Captain of the Port Zone and the Prince
William Sound Captain of the Port Zone with the Western
Alaska oil spill planning criteria established under
subparagraph (D)(i).
‘‘(H) REVIEW OF DETERMINATION.—Not less frequently
than once every 5 years, the Secretary shall review each

H. R. 7776—1691
determination of the Secretary under subparagraph (B)
that the national planning criteria established pursuant
to this subsection are inappropriate for a vessel operating
in the area of responsibility of the Western Alaska Captain
of the Port Zone and the Prince William Sound Captain
of the Port Zone.
‘‘(I) VESSELS IN COOK INLET.—Unless otherwise authorized by the Secretary, a vessel may only operate in Cook
Inlet, Alaska, under a vessel response plan approved under
paragraph (5) that meets the requirements of the national
planning criteria established pursuant to this subsection.
‘‘(J) SAVINGS PROVISIONS.—Nothing in this paragraph
affects—
‘‘(i) the requirements under this subsection
applicable to vessel response plans for vessels operating within the area of responsibility of the Western
Alaska Captain of the Port Zone, within Cook Inlet,
Alaska;
‘‘(ii) the requirements under this subsection
applicable to vessel response plans for vessels operating within the area of responsibility of the Prince
William Sound Captain of the Port Zone that are subject to section 5005 of the Oil Pollution Act of 1990
(33 U.S.C. 2735); or
‘‘(iii) the authority of a Federal On-Scene Coordinator to use any available resources when responding
to an oil spill.’’.
(2) ESTABLISHMENT OF WESTERN ALASKA OIL SPILL PLANNING CRITERIA.—
(A) DEADLINE.—Not later than 2 years after the date
of enactment of this Act, the President shall establish
the Western Alaska oil spill planning criteria required
to be established under paragraph (9)(D)(i) of section 311(j)
of the Federal Water Pollution Control Act (33 U.S.C.
1321(j)).
(B) CONSULTATION.—In establishing the Western
Alaska oil spill planning criteria described in subparagraph
(A), the President shall consult with the Federal agencies,
State and local governments, Tribes (as defined in section
323 of title 14, United States Code), the owners and operators that would be subject to such planning criteria, oil
spill removal organizations, Alaska Native organizations,
and environmental nongovernmental organizations.
(C) CONGRESSIONAL REPORT.—Not later than 2 years
after the date of enactment of this Act, the Secretary shall
submit to Congress a report describing the status of
implementation of paragraph (9) of section 311(j) of the
Federal Water Pollution Control Act (33 U.S.C. 1321(j)).
SEC. 11310. COAST GUARD CLAIMS PROCESSING COSTS.

Section 1012(a)(4) of the Oil Pollution Act of 1990 (33 U.S.C.
2712(a)(4)) is amended by striking ‘‘damages;’’ and inserting ‘‘damages, including, in the case of a spill of national significance that
results in extraordinary Coast Guard claims processing activities,
the administrative and personnel costs of the Coast Guard to
process such claims (including the costs of commercial claims processing, expert services, training, and technical services), subject

H. R. 7776—1692
to the condition that the Coast Guard shall submit to Congress
a report describing each spill of national significance not later
than 30 days after the date on which the Coast Guard determines
it necessary to process such claims;’’.
SEC. 11311. CALCULATION OF INTEREST ON DEBT OWED TO NATIONAL
POLLUTION FUND.

Section 1005(b)(4) of the Oil Pollution Act of 1990 (33 U.S.C.
2705(b)(4)) is amended—
(1) by striking ‘‘The interest paid’’ and inserting the following:
‘‘(A) IN GENERAL.—The interest paid for claims, other
than Federal Government cost recovery claims,’’; and
(2) by adding at the end the following:
‘‘(B) FEDERAL COST RECOVERY CLAIMS.—The interest
paid for Federal Government cost recovery claims under
this section shall be calculated in accordance with section
3717 of title 31, United States Code.’’.
SEC. 11312. PER-INCIDENT LIMITATION.

Subparagraph (A) of section 9509(c)(2) of the Internal Revenue
Code of 1986 is amended—
(1) in clause (i) by striking ‘‘$1,000,000,000’’ and inserting
‘‘$1,500,000,000’’;
(2) in clause (ii) by striking ‘‘$500,000,000’’ and inserting
‘‘$750,000,000’’; and
(3) in the heading by striking ‘‘$1,000,000,000’’ and inserting
‘‘$1,500,000,000’’.
SEC. 11313. ACCESS TO OIL SPILL LIABILITY TRUST FUND.

Section 6002 of the Oil Pollution Act of 1990 (33 U.S.C. 2752)
is amended by striking subsection (b) and inserting the following:
‘‘(b) EXCEPTIONS.—
‘‘(1) IN GENERAL.—Subsection (a) shall not apply to—
‘‘(A) section 1006(f), 1012(a)(4), or 5006; or
‘‘(B) an amount, which may not exceed $50,000,000
in any fiscal year, made available by the President from
the Fund—
‘‘(i) to carry out section 311(c) of the Federal Water
Pollution Control Act (33 U.S.C. 1321(c)); and
‘‘(ii) to initiate the assessment of natural resources
damages required under section 1006.
‘‘(2) FUND ADVANCES.—
‘‘(A) IN GENERAL.—To the extent that the amount
described in subparagraph (B) of paragraph (1) is not adequate to carry out the activities described in such subparagraph, the Coast Guard may obtain 1 or more advances
from the Fund as may be necessary, up to a maximum
of $100,000,000 for each advance, with the total amount
of advances not to exceed the amounts available under
section 9509(c)(2) of the Internal Revenue Code of 1986.
‘‘(B) NOTIFICATION TO CONGRESS.—Not later than 30
days after the date on which the Coast Guard obtains
an advance under subparagraph (A), the Coast Guard shall
notify Congress of—
‘‘(i) the amount advanced; and
‘‘(ii) the facts and circumstances that necessitated
the advance.

H. R. 7776—1693
‘‘(C) REPAYMENT.—Amounts advanced under this paragraph shall be repaid to the Fund when, and to the extent
that, removal costs are recovered by the Coast Guard from
responsible parties for the discharge or substantial threat
of discharge.
‘‘(3) AVAILABILITY.—Amounts to which this subsection
applies shall remain available until expended.’’.
SEC. 11314. COST-REIMBURSABLE AGREEMENTS.

Section 1012 of the Oil Pollution Act of 1990 (33 U.S.C. 2712)
is amended—
(1) in subsection (a)(1)(B) by striking ‘‘by a Governor or
designated State official’’ and inserting ‘‘by a State, a political
subdivision of a State, or an Indian tribe, pursuant to a costreimbursable agreement’’;
(2) by striking subsections (d) and (e) and inserting the
following:
‘‘(d) COST-REIMBURSABLE AGREEMENT.—
‘‘(1) IN GENERAL.—In carrying out section 311(c) of the
Federal Water Pollution Control Act (33 U.S.C. 1321(c)), the
President may enter into cost-reimbursable agreements with
a State, a political subdivision of a State, or an Indian tribe
to obligate the Fund for the payment of removal costs consistent
with the National Contingency Plan.
‘‘(2) INAPPLICABILITY.—Chapter 63 and section 1535 of title
31, United States Code shall not apply to a cost-reimbursable
agreement entered into under this subsection.’’; and
(3) by redesignating subsections (f), (h), (i), (j), (k), and
(l) as subsections (e), (f), (g), (h), (i), and (j), respectively.
SEC. 11315. OIL SPILL RESPONSE REVIEW.

(a) IN GENERAL.—Subject to the availability of appropriations,
the Commandant shall develop and carry out a program—
(1) to increase collection and improve the quality of incident
data on oil spill location and response capability by periodically
evaluating the data, documentation, and analysis of—
(A) Coast Guard-approved vessel response plans,
including vessel response plan audits and assessments;
(B) oil spill response drills conducted under section
311(j)(7) of the Federal Water Pollution Control Act (33
U.S.C. 1321(j)(7)) that occur within the Marine Transportation System; and
(C) responses to oil spill incidents that require
mobilization of contracted response resources;
(2) to improve the effectiveness of vessel response plans
by—
(A) systematically reviewing the capacity of an oil spill
response organization identified in a vessel response plan
to provide the specific response resources, such as private
personnel, equipment, other vessels identified in such
vessel response plan; and
(B) approving a vessel response plan only after confirming the identified oil spill response organization has
the capacity to provide such response resources;
(3) to update, not less frequently than annually, information contained in the Coast Guard Response Resource Inventory
and other Coast Guard tools used to document the availability

H. R. 7776—1694
and status of oil spill response equipment, so as to ensure
that such information remains current; and
(4) subject to section 552 of title 5, United States Code
(commonly known as the ‘‘Freedom of Information Act’’), to
make data collected under paragraph (1) available to the public.
(b) POLICY.—Not later than 1 year after the date of enactment
of this Act, the Commandant shall issue a policy—
(1) to establish processes to maintain the program under
subsection (a) and support Coast Guard oil spill prevention
and response activities, including by incorporating oil spill
incident data from after-action oil spill reports and data
ascertained from vessel response plan exercises and audits
into—
(A) review and approval process standards and metrics;
(B) alternative planning criteria review processes;
(C) Area Contingency Plan development;
(D) risk assessments developed under section 70001
of title 46, United States Code, including lessons learned
from reportable marine casualties;
(E) processes and standards which mitigate the impact
of military personnel rotations in Coast Guard field units
on knowledge and awareness of vessel response plan
requirements, including knowledge relating to the evaluation of proposed alternatives to national planning requirements; and
(F) processes and standards which evaluate the consequences of reporting inaccurate data in vessel response
plans submitted to the Commandant pursuant to part 300
of title 40, Code of Federal Regulations, and submitted
for storage in the Marine Information for Safety and Law
Enforcement database pursuant to section 300.300 of such
title (or any successor regulation);
(2) to standardize and develop tools, training, and other
relevant guidance that may be shared with vessel owners and
operators to assist with accurately calculating and measuring
the performance and viability of proposed alternatives to
national planning criteria requirements and Area Contingency
Plans administered by the Coast Guard;
(3) to improve training of Coast Guard personnel to ensure
continuity of planning activities under this section, including
by identifying ways in which civilian staffing may improve
the continuity of operations; and
(4) to increase Federal Government engagement with State,
local, and Tribal governments and stakeholders so as to
strengthen coordination and efficiency of oil spill responses.
(c) PERIODIC UPDATES.—Not less frequently than every 5 years,
the Commandant shall update the processes established under subsection (b)(1) to incorporate relevant analyses of—
(1) incident data on oil spill location and response quality;
(2) oil spill risk assessments;
(3) oil spill response effectiveness and the effects of such
response on the environment;
(4) oil spill response drills conducted under section 311(j)(7)
of the Federal Water Pollution Control Act (33 U.S.C.
1321(j)(7));
(5) marine casualties reported to the Coast Guard; and

H. R. 7776—1695
(6) near miss incidents documented by a vessel traffic
service center (as such terms are defined in sections 70001(m)
of title 46, United States Code).
(d) REPORT.—
(1) IN GENERAL.—Not later than 1 year after the date
of enactment of this Act, and annually thereafter for 5 years,
the Commandant shall provide to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee
on Transportation and Infrastructure of the House of Representatives a briefing on the status of ongoing and planned
efforts to improve the effectiveness and oversight of the program
established under subsection (a) and vessel response plan
approvals.
(2) PUBLIC AVAILABILITY.—The Commandant shall publish
the briefing required under paragraph (1) on a publicly accessible website of the Coast Guard.
SEC. 11316. ADDITIONAL EXCEPTIONS TO REGULATIONS FOR TOWING
VESSELS.

(a) IN GENERAL.—Not later than 180 days after the date of
enactment of this Act, the Secretary shall review existing Coast
Guard policies with respect to exceptions to the applicability of
subchapter M of chapter I of title 46, Code of Federal Regulations
(or successor regulations), for—
(1) an oil spill response vessel, or a vessel of opportunity,
while such vessel is—
(A) towing boom for oil spill response; or
(B) participating in an oil response exercise; and
(2) a fishing vessel while that vessel is operating as a
vessel of opportunity.
(b) POLICY.—Not later than 180 days after the conclusion of
the review required under subsection (a), the Secretary shall revise
or issue any necessary policy to clarify the applicability of subchapter M of chapter I of title 46, Code of Federal Regulations
(or successor regulations) to the vessels described in subsection
(a). Such a policy shall ensure safe and effective operation of such
vessels.
(c) DEFINITIONS.—In this section:
(1) FISHING VESSEL; OIL SPILL RESPONSE VESSEL.—The
terms ‘‘fishing vessel’’ and ‘‘oil spill response vessel’’ have the
meanings given such terms in section 2101 of title 46, United
States Code.
(2) VESSEL OF OPPORTUNITY.—The term ‘‘vessel of opportunity’’ means a vessel engaged in spill response activities
that is normally and substantially involved in activities other
than spill response and not a vessel carrying oil as a primary
cargo.
SEC. 11317. PORT COORDINATION COUNCIL FOR POINT SPENCER.

Section 541 of the Coast Guard Authorization Act of 2016
(Public Law 114–120) is amended—
(1) in subsection (b)(2) by striking ‘‘BSNC’’ and inserting
the following: ‘‘BSNC (to serve as Council Chair).
‘‘(3) The Denali Commission.
‘‘(4) An oil spill removal organization that serves the area
in which such Port is located.
‘‘(5) A salvage and marine firefighting organization that
serves the area in which such Port is located.’’; and

H. R. 7776—1696
(2) in subsection (c)—
(A) in paragraph (1)—
(i) in subparagraph (B) by striking the semicolon
and inserting ‘‘; and’’;
(ii) by striking ‘‘; and’’ and inserting the following:
‘‘at Point Spencer in support of the activities for which
Congress finds a compelling need in section 531 of
this subtitle.’’; and
(iii) by striking subparagraph (D); and
(B) by striking paragraph (3) and inserting the following:
‘‘(3) Facilitate coordination among members of the Council
on the development and use of the land and coastline of Point
Spencer, as such development and use relate to activities of
the Council at the Port of Point Spencer.’’.

Subtitle C—Environmental Compliance
SEC. 11318. PROVIDING REQUIREMENTS FOR VESSELS ANCHORED IN
ESTABLISHED ANCHORAGE GROUNDS.

(a) IN GENERAL.—Subchapter I of chapter 700 of title 46, United
States Code, is amended by adding at the end the following:
‘‘§ 70007. Anchorage grounds
‘‘(a) ANCHORAGE GROUNDS.—
‘‘(1) ESTABLISHMENT.—The Secretary of the department in
which the Coast Guard is operating shall define and establish
anchorage grounds in the navigable waters of the United States
for vessels operating in such waters.
‘‘(2) RELEVANT FACTORS FOR ESTABLISHMENT.—In carrying
out paragraph (1), the Secretary shall take into account all
relevant factors concerning navigational safety, protection of
the marine environment, proximity to undersea pipelines and
cables, safe and efficient use of Marine Transportation System,
and national security.
‘‘(b) VESSEL REQUIREMENTS.—Vessels, of certain sizes or type
determined by the Secretary, shall—
‘‘(1) set and maintain an anchor alarm for the duration
of an anchorage;
‘‘(2) comply with any directions or orders issued by the
Captain of the Port; and
‘‘(3) comply with any applicable anchorage regulations.
‘‘(c) PROHIBITIONS.—A vessel may not—
‘‘(1) anchor in any Federal navigation channel unless
authorized or directed to by the Captain of the Port;
‘‘(2) anchor in near proximity, within distances determined
by the Coast Guard, to an undersea pipeline or cable, unless
authorized or directed to by the Captain of the Port; and
‘‘(3) anchor or remain anchored in an anchorage ground
during any period in which the Captain of the Port orders
closure of the anchorage ground due to inclement weather,
navigational hazard, a threat to the environment, or other
safety or security concern.
‘‘(d) SAFETY EXCEPTION.—Nothing in this section shall be construed to prevent a vessel from taking actions necessary to maintain
the safety of the vessel or to prevent the loss of life or property.’’.

H. R. 7776—1697
(b) REGULATORY REVIEW.—
(1) REVIEW REQUIRED.—Not later than 1 year after the
date of enactment of this Act, the Secretary shall review
existing policies, final agency actions, regulations, or other rules
relating to anchorage promulgated under section 70006 of title
46, United States Code and—
(A) identify any such regulations or rules that may
need modification or repeal—
(i) in the interest of marine safety, security, and
environmental concerns, taking into account undersea
pipelines, cables, or other infrastructure; or
(ii) to implement the amendments made by this
section; and
(B) complete a cost-benefit analysis for any modification or repeal identified under paragraph (1).
(2) BRIEFING.—Upon completion of the review under paragraph (1), but not later than 2 years after the date of enactment
of this Act, the Secretary shall provide a briefing to the Committee on Commerce, Science, and Transportation of the Senate
and the Committee on Transportation and Infrastructure of
the House of Representatives that summarizes such review.
(c) SAVINGS CLAUSE.—Nothing in this section shall limit any
authority available, as of the date of enactment of this Act, to
the captain of a port with respect to safety measures or any other
authority as necessary for the safety of vessels located in anchorage
grounds in the navigable waters of the United States.
(d) CLERICAL AMENDMENT.—The analysis for chapter 700 of
title 46, United States Code, is amended by inserting after the
item relating to section 70006 the following:
‘‘70007. Anchorage grounds.’’.

(e) APPLICABILITY OF REGULATIONS.—The amendments made
by subsection (a) may not be construed to alter any existing rules,
regulations, or final agency actions issued under section 70006
of title 46, United States Code, as in effect on the day before
the date of enactment of this Act, until all regulations required
under subsection (b) take effect.
SEC. 11319. STUDY ON IMPACTS ON SHIPPING AND COMMERCIAL,
TRIBAL,
AND
RECREATIONAL
FISHERIES
FROM
DEVELOPMENT OF RENEWABLE ENERGY ON WEST
COAST.

(a) STUDY.—Not later than 180 days after the date of enactment
of this Act, the Secretary, the Secretary of the Interior, and the
Under Secretary of Commerce for Oceans and Atmosphere, shall
seek to enter into an agreement with the National Academies
of Science, Engineering, and Medicine under which the National
Academy of Sciences, Engineering, and Medicine shall carry out
a study to—
(1) identify, document, and analyze—
(A) historic and current, as of the date of the study,
Tribal, commercial, and recreational fishing grounds, as
well as areas where fish stocks are likely to shift in the
future in all covered waters;
(B) usual and accustomed fishing areas in all covered
waters;

H. R. 7776—1698
(C) historic, current, and potential future shipping
lanes, based on projected growth in shipping traffic in
all covered waters;
(D) current and expected Coast Guard operations relevant to commercial fishing activities, including search and
rescue, radar, navigation, communications, and safety
within and near renewable energy sites; and
(E) key types of data needed to properly site renewable
energy sites on the West Coast, with regard to assessing
and mitigating conflicts;
(2) analyze—
(A) methods used to manage fishing, shipping, and
other maritime activities; and
(B) potential future interactions between such activities
and the placement of renewable energy infrastructure and
the associated construction, maintenance, and operation
of such infrastructure, including potential benefits and
methods of mitigating adverse impacts; and
(3) review the current decision-making process for offshore
wind in covered waters, and outline recommendations for
governmental consideration of all impacted coastal communities, particularly Tribal governments and fisheries communities, in the decision-making process for offshore wind in covered waters, including recommendations for—
(A) ensuring the appropriate governmental consideration of potential benefits of offshore wind in covered
waters; and
(B) risk reduction and mitigation of adverse impacts
on Coast Guard operations relevant to commercial fishing
activities.
(b) SUBMISSION.—Not later than 1 year after commencing the
study under subsection (a), the Secretary shall—
(1) submit the study to the Committees on Commerce,
Science, and Transportation, and Energy and Natural
Resources of the Senate and the Committees on Transportation
and Infrastructure, Natural Resources, and Energy and Commerce of the House of Representatives, including the review
and outline provided under subsection (a)(3); and
(2) make the study publicly available.
(c) DEFINITIONS.—In this section:
(1) COVERED WATERS.—The term ‘‘covered waters’’ means
Federal or State waters off of the Canadian border and out
to the furthest extent of the exclusive economic zone along
the West Coast of the United States.
(2) EXCLUSIVE ECONOMIC ZONE.—The term ‘‘exclusive economic zone’’ has the meaning given such term in section 107
of title 46, United States Code.
SEC. 11320. USE OF DEVICES BROADCASTING ON AIS FOR PURPOSES
OF MARKING FISHING GEAR.

The Secretary shall, within the Eleventh Coast Guard District,
Thirteenth Coast Guard District, Fourteenth Coast Guard District,
and Seventeenth Coast Guard District, suspend enforcement of
individuals using automatic identification systems devices to mark
fishing equipment during the period beginning on the date of enactment of this Act and ending on the earlier of—

H. R. 7776—1699
(1) the date that is 2 years after such date of enactment;
or
(2) the date on which the Federal Communications Commission promulgates a final rule to authorize a device used to
mark fishing equipment to operate in radio frequencies assigned
for Automatic Identification System stations.

Subtitle D—Environmental Issues
SEC. 11321. NOTIFICATION OF COMMUNICATION OUTAGES.

(a) UPGRADES TO RESCUE 21 SYSTEM IN ALASKA.—Not later
than August 30, 2023, the Commandant shall ensure the timely
upgrade of the Rescue 21 system in Alaska so as to achieve 98
percent operational availability of remote fixed facility sites.
(b) PLAN TO REDUCE OUTAGES.—
(1) IN GENERAL.—Not later than 180 days after the date
of enactment of this Act, the Commandant shall develop an
operations and maintenance plan for the Rescue 21 system
in Alaska that anticipates maintenance needs so as to reduce
Rescue 21 system outages to the maximum extent practicable.
(2) PUBLIC AVAILABILITY.—The plan required under paragraph (1) shall be made available to the public on a publicly
accessible website.
(c) REPORT REQUIRED.—Not later than 180 days after the date
of enactment of this Act, the Commandant shall submit to the
Committee on Commerce, Science, and Transportation of the Senate
and the Committee on Transportation and Infrastructure of the
House of Representatives a report that—
(1) contains a plan for the Coast Guard to notify mariners
of radio outages for towers owned and operated by the Seventeenth Coast Guard District;
(2) addresses in such plan how the Seventeenth Coast
Guard will—
(A) disseminate updates regarding outages on social
media not less frequently than every 48 hours;
(B) provide updates on a publicly accessible website
not less frequently than every 48 hours;
(C) develop methods for notifying mariners in areas
in which cellular connectivity does not exist; and
(D) develop and advertise a web-based communications
update hub on AM/FM radio for mariners; and
(3) identifies technology gaps that need to be mitigated
in order to implement the plan and provides a budgetary assessment necessary to implement the plan.
(d) CONTINGENCY PLAN.—
(1) IN GENERAL.—Not later than 180 days after the date
of enactment of this Act, the Commandant shall, in collaboration with relevant Federal, State, Tribal, and other relevant
entities (including the North Pacific Fishery Management
Council, the National Oceanic and Atmospheric Administration
Weather Service, the National Oceanic and Atmospheric
Administration Fisheries Service, agencies of the State of
Alaska, local radio stations, and stakeholders), establish a
contingency plan to ensure that notifications of an outage of
the Rescue 21 system in Alaska are broadly disseminated in
advance of such an outage.

H. R. 7776—1700
(2) ELEMENTS.—The contingency plan required under paragraph (1) shall require the Coast Guard to—
(A) disseminate updates regarding outages of the
Rescue 21 system in Alaska on social media not less frequently than every 48 hours during an outage;
(B) provide updates on a publicly accessible website
not less frequently than every 48 hours during an outage;
(C) notify mariners in areas in which cellular
connectivity does not exist;
(D) develop and advertise a web-based communications
update hub on AM/FM radio for mariners; and
(E) identify technology gaps necessary to implement
the plan and provides a budgetary assessment necessary
to implement the plan.
SEC. 11322. IMPROVEMENTS TO COMMUNICATION WITH FISHING
INDUSTRY AND RELATED STAKEHOLDERS.

(a) IN GENERAL.—The Commandant, in coordination with the
National Commercial Fishing Safety Advisory Committee established by section 15102 of title 46, United States Code, shall develop
a publicly accessible website that contains all information related
to fishing industry activities, including vessel safety, inspections,
enforcement, hazards, training, regulations (including proposed
regulations), outages of the Rescue 21 system in Alaska and similar
outages, and any other fishing-related activities.
(b) AUTOMATIC COMMUNICATIONS.—The Commandant shall provide methods for regular and automatic email communications with
stakeholders who elect, through the website developed under subsection (a), to receive such communications.
SEC. 11323. ADVANCE NOTIFICATION OF MILITARY OR OTHER EXERCISES.

In consultation with the Secretary of Defense, the Secretary
of State, and commercial fishing industry participants, the Commandant shall develop and publish on a publicly available website
a plan for notifying United States mariners and the operators
of United States fishing vessels in advance of—
(1) military exercises in the exclusive economic zone (as
defined in section 3 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1802)); or
(2) other military activities that will impact recreational
or commercial activities.
SEC. 11324. MODIFICATIONS TO SPORT FISH RESTORATION AND
BOATING TRUST FUND ADMINISTRATION.

(a) DINGELL-JOHNSON SPORT FISH RESTORATION ACT AMENDMENTS.—

(1) AVAILABLE AMOUNTS.—Section 4(b)(1)(B)(i) of the
Dingell-Johnson Sport Fish Restoration Act (16 U.S.C.
777c(b)(1)(B)(i)) is amended to read as follows:
‘‘(i) for the fiscal year that includes November 15,
2021, the product obtained by multiplying—
‘‘(I) $12,786,434; and
‘‘(II) the change, relative to the preceding fiscal
year, in the Consumer Price Index for All Urban
Consumers published by the Department of Labor;
and’’.

H. R. 7776—1701
(2) AUTHORIZED EXPENSES.—Section 9(a) of the DingellJohnson Sport Fish Restoration Act (16 U.S.C. 777h(a)) is
amended—
(A) in paragraph (7) by striking ‘‘full-time’’; and
(B) in paragraph (9) by striking ‘‘on a full-time basis’’.
(b) PITTMAN-ROBERTSON WILDLIFE RESTORATION ACT AMENDMENTS.—
(1) AVAILABLE AMOUNTS.—Section 4(a)(1)(B)(i) of the Pittman-Robertson
Wildlife
Restoration
Act
(16
U.S.C.
669c(a)(1)(B)(i)) is amended to read as follows:
‘‘(i) for the fiscal year that includes November 15,
2021, the product obtained by multiplying—
‘‘(I) $12,786,434; and
‘‘(II) the change, relative to the preceding fiscal
year, in the Consumer Price Index for All Urban
Consumers published by the Department of Labor;
and’’.
(2) AUTHORIZED EXPENSES.—Section 9(a) of the PittmanRobertson Wildlife Restoration Act (16 U.S.C. 669h(a)) is
amended—
(A) in paragraph (7) by striking ‘‘full-time’’; and
(B) in paragraph (9) by striking ‘‘on a full-time basis’’.
SEC. 11325. LOAD LINES.

(a) APPLICATION TO CERTAIN VESSELS.—During the period
beginning on the date of enactment of this Act and ending on
the date that is 3 years after the date on which the report required
under subsection (b) is submitted, the load line requirements of
chapter 51 of title 46, United States Code, shall not apply to
covered fishing vessels.
(b) GAO REPORT.—
(1) IN GENERAL.—Not later than 12 months after the date
of enactment of this Act, the Comptroller General of the United
States shall submit to the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives—
(A) a report on the safety and seaworthiness of vessels
described in section 5102(b)(5) of title 46, United States
Code; and
(B) recommendations for exempting certain vessels
from the load line requirements under chapter 51 of title
46 of such Code.
(2) ELEMENTS.—The report required under paragraph (1)
shall include the following:
(A) An assessment of stability requirements of vessels
referenced in section 5102(b)(5) of title 46, United States
Code.
(B) An analysis of vessel casualties, mishaps, or other
safety information relevant to load line requirements when
a vessel is operating part-time as a fish tender vessel.
(C) An assessment of any other safety information
as the Comptroller General determines appropriate.
(D) A list of all vessels that, as of the date of the
report—
(i) are covered under section 5102(b)(5) of title
46, United States Code;

H. R. 7776—1702
(ii) are acting as part-time fish tender vessels;
and
(iii) are subject to any captain of the port zone
subject to the oversight of the Commandant.
(3) CONSULTATION.—In preparing the report required under
paragraph (1), the Comptroller General shall consider consultation with, at a minimum, the maritime industry, including—
(A) relevant Federal, State, and Tribal maritime
associations and groups; and
(B) relevant federally funded research institutions,
nongovernmental organizations, and academia.
(c) SAVINGS CLAUSE.—Nothing in this section shall limit any
authority available, as of the date of enactment of this Act, to
the captain of a port with respect to safety measures or any other
authority as necessary for the safety of covered fishing vessels.
(d) DEFINITION OF COVERED FISHING VESSEL.—In this section,
the term ‘‘covered fishing vessel’’ means a vessel that operates
exclusively in one, or both, of the Thirteenth and Seventeenth
Coast Guard Districts and that—
(1) was constructed, under construction, or under contract
to be constructed as a fish tender vessel before January 1,
1980;
(2) was converted for use as a fish tender vessel before
January 1, 2022, and—
(A) has a valid stability letter issued in accordance
with regulations prescribed under chapter 51 of title 46,
United States Code; and
(B) the hull and internal structure of the vessel has
been verified as suitable for intended service as examined
by a marine surveyor of an organization accepted by the
Secretary two times in the past five years with no interval
of more than three years between such examinations; or
(3) operates part-time as a fish tender vessel for a period
of less than 180 days.
SEC. 11326. ACTIONS BY NATIONAL MARINE FISHERIES SERVICE TO
INCREASE ENERGY PRODUCTION.

(a) IN GENERAL.—The National Marine Fisheries Service shall,
immediately upon the enactment of this Act, take action to address
the outstanding backlog of letters of authorization for the Gulf
of Mexico.
(b) SENSE OF CONGRESS.—It is the sense of Congress that
the National Marine Fisheries Service should—
(1) take immediate action to issue a rule that allows the
Service to approve outstanding and future applications for letters of authorization consistent with the permitting activities
of the Service; and
(2) on or after the effective date of such rule, prioritize
the consideration of applications in a manner that is consistent
with applicable Federal law.
SEC. 11327. AQUATIC NUISANCE SPECIES TASK FORCE.

(a) RECREATIONAL VESSEL DEFINED.—Section 1003 of the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990
(16 U.S.C. 4702) is amended—
(1) by redesignating paragraphs (13) through (17) as paragraphs (15) through (19), respectively; and
(2) by inserting after paragraph (12) the following:

H. R. 7776—1703
‘‘(13) ‘State’ means each of the several States, the District
of Columbia, American Samoa, Guam, Puerto Rico, the
Northern Mariana Islands, and the Virgin Islands of the United
States;
‘‘(14) ‘recreational vessel’ has the meaning given that term
in section 502 of the Federal Water Pollution Control Act (33
U.S.C. 1362);’’.
(b) OBSERVERS.—Section 1201 of the Nonindigenous Aquatic
Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4721)
is amended by adding at the end the following:
‘‘(g) OBSERVERS.—The chairpersons designated under subsection (d) may invite representatives of nongovernmental entities
to participate as observers of the Task Force.’’.
(c) AQUATIC NUISANCE SPECIES TASK FORCE.—Section 1201(b)
of the Nonindigenous Aquatic Nuisance Prevention and Control
Act of 1990 (16 U.S.C. 4721(b)) is amended—
(1) in paragraph (6) by striking ‘‘and’’ at the end;
(2) by redesignating paragraph (7) as paragraph (10); and
(3) by inserting after paragraph (6) the following:
‘‘(7) the Director of the National Park Service;
‘‘(8) the Director of the Bureau of Land Management;
‘‘(9) the Commissioner of Reclamation; and’’.
(d) AQUATIC NUISANCE SPECIES PROGRAM.—Section 1202 of the
Nonindigenous Aquatic Nuisance Prevention and Control Act of
1990 (16 U.S.C. 4722) is amended—
(1) in subsection (e) by adding at the end the following:
‘‘(4) TECHNICAL ASSISTANCE AND RECOMMENDATIONS.—The
Task Force may provide technical assistance and recommendations for best practices to an agency or entity engaged in
vessel inspections or decontaminations for the purpose of—
‘‘(A) effectively managing and controlling the movement
of aquatic nuisance species into, within, or out of water
of the United States; and
‘‘(B) inspecting recreational vessels in a manner that
minimizes disruptions to public access for boating and
recreation in non-contaminated vessels.
‘‘(5) CONSULTATION AND INPUT.—In carrying out paragraph
(4), including the development of recommendations, the Task
Force may consult with Indian Tribes and solicit input from—
‘‘(A) State and Tribal fish and wildlife management
agencies;
‘‘(B) other State and Tribal agencies that manage
fishery resources of the State or sustain fishery habitat;
and
‘‘(C) relevant nongovernmental entities.’’; and
(2) in subsection (k) by adding at the end the following:
‘‘(3) Not later than 90 days after the date of enactment
of the Don Young Coast Guard Authorization Act of 2022,
the Task Force shall submit a report to Congress recommending
legislative, programmatic, or regulatory changes to eliminate
remaining gaps in authorities between members of the Task
Force to effectively manage and control the movement of aquatic
nuisance species.’’.
(e) TECHNICAL CORRECTIONS AND CONFORMING AMENDMENTS.—
The Nonindigenous Aquatic Nuisance Prevention and Control Act
of 1990 (16 U.S.C. 4701 et seq.) is further amended—

H. R. 7776—1704
(1) in section 1002(b)(2) by inserting a comma after
‘‘funded’’;
(2) in section 1003 in paragraph (7) by striking ‘‘Canandian’’
and inserting ‘‘Canadian’’;
(3) in section 1203(a)—
(A) in paragraph (1)(F) by inserting ‘‘and’’ after
‘‘research,’’; and
(B) in paragraph (3) by striking ‘‘encourage’’ and
inserting ‘‘encouraged’’;
(4) in section 1204(b)(4) in the paragraph heading by
striking ‘‘ADMINISRATIVE’’ and inserting ‘‘ADMINISTRATIVE’’; and
(5) in section 1209 by striking ‘‘subsection (a)’’ and inserting
‘‘section 1202(a)’’.
SEC. 11328. SAFETY STANDARDS.

(a) IN GENERAL.—Section 4502 of title 46, United States Code,
is amended—
(1) in subsection (i)(4) by striking ‘‘each of fiscal years
2018 through 2021’’ and inserting ‘‘fiscal year 2023’’; and
(2) in subsection (j)(4) by striking ‘‘each of fiscal years
2018 through 2021’’ and inserting ‘‘fiscal year 2023’’.
(b) AUTHORIZATION OF APPROPRIATIONS.—Section 9 of the Maritime Debris Act (33 U.S.C. 1958) is amended—
(1) in subsection (a) by striking ‘‘each of fiscal years 2018
through 2022’’ and inserting ‘‘fiscal year 2023’’; and
(2) in subsection (b) by striking ‘‘2702(1)’’ and inserting
‘‘4902(1)’’.

Subtitle E—Illegal Fishing and Forced
Labor Prevention
SEC. 11329. DEFINITIONS.

In this subtitle:
(1) FORCED LABOR.—The term ‘‘forced labor’’ means any
labor or service provided for or obtained by any means described
in section 1589(a) of title 18, United States Code.
(2) HUMAN TRAFFICKING.—The term ‘‘human trafficking’’
has the meaning given the term ‘‘severe forms of trafficking
in persons’’ in section 103 of the Trafficking Victims Protection
Act of 2000 (22 U.S.C. 7102).
(3) ILLEGAL, UNREPORTED, OR UNREGULATED FISHING.—The
term ‘‘illegal, unreported, or unregulated fishing’’ has the
meaning given such term in the implementing regulations or
any subsequent regulations issued pursuant to section 609(e)
of the High Seas Driftnet Fishing Moratorium Protection Act
(16 U.S.C. 1826j(e)).
(4) OPPRESSIVE CHILD LABOR.—The term ‘‘oppressive child
labor’’ has the meaning given such term in section 3 of the
Fair Labor Standards Act of 1938 (29 U.S.C. 203).
(5) SEAFOOD.—The term ‘‘seafood’’ means all marine animal
and plant life meant for consumption as food other than marine
mammals and birds, including fish, shellfish, shellfish products,
and processed fish.
(6) SEAFOOD IMPORT MONITORING PROGRAM.—The term
‘‘Seafood Import Monitoring Program’’ means the Seafood
Traceability Program established in subpart Q of part 300

H. R. 7776—1705
of title 50, Code of Federal Regulations (or any successor regulation).
(7) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of Commerce, acting through the Under Secretary of Commerce
for Oceans and Atmosphere.
CHAPTER 1—COMBATING HUMAN TRAFFICKING
THROUGH SEAFOOD IMPORT MONITORING
SEC. 11330. ENHANCEMENT OF SEAFOOD IMPORT MONITORING PROGRAM MESSAGE SET IN AUTOMATED COMMERCIAL
ENVIRONMENT SYSTEM.

The Secretary, in coordination with the Commissioner of U.S.
Customs and Border Protection, shall, not later than 6 months
after the date of enactment of this Act, develop a strategy to
improve the quality and verifiability of already collected Seafood
Import Monitoring Program Message Set data elements in the
Automated Commercial Environment system. Such strategy shall
prioritize the use of enumerated data types, such as checkboxes,
dropdown menus, or radio buttons, and any additional elements
the Administrator of the National Oceanic and Atmospheric
Administration finds appropriate.
SEC. 11331. DATA SHARING AND AGGREGATION.

(a) INTERAGENCY WORKING GROUP ON ILLEGAL, UNREPORTED,
UNREGULATED FISHING.—Section 3551(c) of the Maritime SAFE
Act (16 U.S.C. 8031(c)) is amended—
(1) by redesignating paragraphs (4) through (13) as paragraphs (5) through (14), respectively; and
(2) by inserting after paragraph (3) the following:
‘‘(4) maximizing the utility of the import data collected
by the members of the Working Group by harmonizing data
standards and entry fields;’’.
(b) PROHIBITION ON AGGREGATED CATCH DATA FOR CERTAIN
SPECIES.—Beginning not later than 1 year after the date of enactment of this Act, for the purposes of compliance with respect to
Northern red snapper under the Seafood Import Monitoring Program, the Secretary may not allow an aggregated harvest report
of such species, regardless of vessel size.

OR

SEC. 11332. IMPORT AUDITS.

(a) AUDIT PROCEDURES.—The Secretary shall, not later than
1 year after the date of enactment of this Act, implement procedures
to audit information and supporting records of sufficient numbers
of imports of seafood and seafood products subject to the Seafood
Import Monitoring Program to support statistically robust conclusions that the samples audited are representative of all seafood
imports covered by the Seafood Import Monitoring Program with
respect to a given year.
(b) EXPANSION OF MARINE FORENSICS LABORATORY.—The Secretary shall, not later than 1 year after the date of enactment
of this Act, begin the process of expanding the National Oceanic
and Atmospheric Administration’s Marine Forensics Laboratory,
including by establishing sufficient capacity for the development
and deployment of rapid, and follow-up, analysis of field-based
tests focused on identifying Seafood Import Monitoring Program
species, and prioritizing such species at high risk of illegal, unreported, or unregulated fishing and seafood fraud.

H. R. 7776—1706
(c) ANNUAL REVISION.—In developing the procedures required
in subsection (a), the Secretary shall use predictive analytics to
inform whether to revise such procedures to prioritize for audit
those imports originating from nations—
(1) identified pursuant to section 609(a) or 610(a) of the
High Seas Driftnet Fishing Moratorium Protection Act (16
U.S.C. 1826j(a) or 1826k(a)) that have not yet received a subsequent positive certification pursuant to section 609(d) or 610(c)
of such Act, respectively;
(2) identified by an appropriate regional fishery management organization as being the flag state or landing location
of vessels identified by other nations or regional fisheries
management organizations as engaging in illegal, unreported,
or unregulated fishing;
(3) identified as having human trafficking or forced labor
in any part of the seafood supply chain, including on vessels
flagged in such nation, and including feed for cultured production, in the most recent Trafficking in Persons Report issued
by the Department of State in accordance with the Trafficking
Victims Protection Act of 2000 (22 U.S.C. 7101 et seq.);
(4) identified as producing goods that contain seafood using
forced labor or oppressive child labor in the most recent List
of Goods Produced by Child Labor or Forced Labor in accordance with the Trafficking Victims Protection Act (22 U.S.C.
7101 et seq.); and
(5) identified as at risk for human trafficking, including
forced labor, in their seafood catching and processing industries
by the report required under section 3563 of the Maritime
SAFE Act (Public Law 116–92).
SEC. 11333. AVAILABILITY OF FISHERIES INFORMATION.

Section 402(b)(1) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1881a(b)(1)) is amended—
(1) in subparagraph (G) by striking ‘‘or’’ after the semicolon;
(2) in subparagraph (H) by striking the period at the end
of such subparagraph and inserting ‘‘; or’’; and
(3) by adding at the end the following:
‘‘(I) to Federal agencies, to the extent necessary and
appropriate, to administer Federal programs established
to combat illegal, unreported, or unregulated fishing or
forced labor (as such terms are defined in section 11329
of the Don Young Coast Guard Authorization Act of 2022),
which shall not include an authorization for such agencies
to release data to the public unless such release is related
to enforcement.’’.
SEC. 11334. REPORT ON SEAFOOD IMPORT MONITORING PROGRAM.

(a) REPORT TO CONGRESS AND PUBLIC AVAILABILITY OF
REPORTS.—The Secretary shall, not later than 120 days after the
end of each fiscal year, submit to the Committee on Commerce,
Science, and Transportation and the Committee on Finance of the
Senate and the Committee on Natural Resources and the Committee
on Financial Services of the House of Representatives a report
that summarizes the National Marine Fisheries Service’s efforts
to prevent the importation of seafood harvested through illegal,
unreported, or unregulated fishing, particularly with respect to
seafood harvested, produced, processed, or manufactured by forced

H. R. 7776—1707
labor. Each such report shall be made publicly available on the
website of the National Oceanic and Atmospheric Administration.
(b) CONTENTS.—Each report submitted under subsection (a)
shall include—
(1) the volume and value of seafood species subject to
the Seafood Import Monitoring Program, reported by 10-digit
Harmonized Tariff Schedule of the United States codes,
imported during the previous fiscal year;
(2) the enforcement activities and priorities of the National
Marine Fisheries Service with respect to implementing the
requirements under the Seafood Import Monitoring Program;
(3) the percentage of import shipments subject to the Seafood Import Monitoring Program selected for inspection or the
information or records supporting entry selected for audit, as
described in section 300.324(d) of title 50, Code of Federal
Regulations;
(4) the number and types of instances of noncompliance
with the requirements of the Seafood Import Monitoring Program;
(5) the number and types of instances of violations of
State or Federal law discovered through the Seafood Import
Monitoring Program;
(6) the seafood species with respect to which violations
described in paragraphs (4) and (5) were most prevalent;
(7) the location of catch or harvest with respect to which
violations described in paragraphs (4) and (5) were most prevalent;
(8) the additional tools, such as high performance computing and associated costs, that the Secretary needs to improve
the efficacy of the Seafood Import Monitoring Program; and
(9) such other information as the Secretary considers appropriate with respect to monitoring and enforcing compliance
with the Seafood Import Monitoring Program.
SEC. 11335. AUTHORIZATION OF APPROPRIATIONS.

There is authorized to be appropriated to the Commissioner
of U.S. Customs and Border Protection to carry out enforcement
actions pursuant to section 307 of the Tariff Act of 1930 (19 U.S.C.
1307) $20,000,000 for each of fiscal years 2023 through 2027.
CHAPTER 2—STRENGTHENING INTERNATIONAL FISHERIES MANAGEMENT TO COMBAT HUMAN TRAFFICKING
SEC. 11336. DENIAL OF PORT PRIVILEGES.

Section 101(a)(2) of the High Seas Driftnet Fisheries Enforcement Act (16 U.S.C. 1826a(a)(2)) is amended to read as follows:
‘‘(2) DENIAL OF PORT PRIVILEGES.—The Secretary of Homeland Security shall, in accordance with international law—
‘‘(A) withhold or revoke the clearance required by section 60105 of title 46, United States Code, for any largescale driftnet fishing vessel of a nation that receives a
negative certification under section 609(d) or 610(c) of the
High Seas Driftnet Fishing Moratorium Protection Act (16
U.S.C. 1826j(d) or 1826k(c)), or fishing vessels of a nation
that has been listed pursuant to section 609(b) or section
610(a) of such Act (16 U.S.C. 1826j(b) or 1826k(a)) in 2

H. R. 7776—1708
or more consecutive reports for the same type of fisheries
activity, as described under section 607 of such Act (16
U.S.C. 1826h), until a positive certification has been
received;
‘‘(B) withhold or revoke the clearance required by section 60105 of title 46, United States Code, for fishing
vessels of a nation that has been listed pursuant to section
609(a) or 610(a) of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826j(a) or 1826k(a)) in
2 or more consecutive reports as described under section
607 of such Act (16 U.S.C. 1826h); and
‘‘(C) deny entry of that vessel to any place in the
United States and to the navigable waters of the United
States, except for the purposes of inspecting such vessel,
conducting an investigation, or taking other appropriate
enforcement action.’’.
SEC. 11337. IDENTIFICATION AND CERTIFICATION CRITERIA.

(a) DENIAL OF PORT PRIVILEGES.—Section 609(a) of the High
Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C.
1826j(a)) is amended—
(1) by striking paragraph (2) and inserting the following:
‘‘(2) FOR ACTIONS OF A NATION.—The Secretary shall identify, and list in such report, a nation engaging in or endorsing
illegal, unreported, or unregulated fishing. In determining
which nations to list in such report, the Secretary shall consider
the following:
‘‘(A) Any nation that is violating, or has violated at
any point during the 3 years preceding the date of the
determination, conservation and management measures,
including catch and other data reporting obligations and
requirements, required under an international fishery
management agreement to which the United States is a
party.
‘‘(B) Any nation that is failing, or has failed in the
3-year period preceding the date of the determination, to
effectively address or regulate illegal, unreported, or
unregulated fishing within its fleets in any areas where
its vessels are fishing.
‘‘(C) Any nation that fails to discharge duties incumbent upon it under international law or practice as a flag,
port, or coastal state to take action to prevent, deter, and
eliminate illegal, unreported, or unregulated fishing.
‘‘(D) Any nation that has been identified as producing
for export to the United States seafood-related goods
through forced labor or oppressive child labor (as those
terms are defined in section 11329 of the Don Young Coast
Guard Authorization Act of 2022) in the most recent List
of Goods Produced by Child Labor or Forced Labor in
accordance with the Trafficking Victims Protection Act of
2000 (22 U.S.C. 7101 et seq.).’’; and
(2) by adding at the end the following:
‘‘(4) TIMING.—The Secretary shall make an identification
under paragraph (1) or (2) at any time that the Secretary
has sufficient information to make such identification.’’.

H. R. 7776—1709
(b) ILLEGAL, UNREPORTED, OR UNREGULATED CERTIFICATION
DETERMINATION.—Section 609 of the High Seas Driftnet Fishing
Moratorium Protection Act (16 U.S.C. 1826j) is amended—
(1) in subsection (d) by striking paragraph (3) and inserting
the following:
‘‘(3) EFFECT OF CERTIFICATION DETERMINATION.—
‘‘(A) EFFECT OF NEGATIVE CERTIFICATION.—The provisions of subsection (a) and paragraphs (3) and (4) of subsection (b) of section 101 of the High Seas Driftnet Fisheries
Enforcement Act (16 U.S.C. 1826a(a) and (b)(3) and (4))
shall apply to any nation that, after being identified and
notified under subsection (b) has failed to take the appropriate corrective actions for which the Secretary has issued
a negative certification under this subsection.
‘‘(B) EFFECT OF POSITIVE CERTIFICATION.—The provisions of subsection (a) and paragraphs (3) and (4) of subsection (b) of section 101 of the High Seas Driftnet Fisheries
Enforcement Act (16 U.S.C. 1826a(a) and (b)(3) and (4))
shall not apply to any nation identified under subsection
(a) for which the Secretary has issued a positive certification under this subsection.’’;
(2) by redesignating subsections (e) and (f) as subsections
(f) and (g), respectively; and
(3) by inserting after subsection (d) the following:
‘‘(e) RECORDKEEPING REQUIREMENTS.—The Secretary shall
ensure that seafood or seafood products authorized for entry under
this section are imported consistent with the reporting and the
recordkeeping requirements of the Seafood Import Monitoring Program described in part 300.324(b) of title 50, Code of Federal
Regulations (or any successor regulation).’’.
SEC. 11338. EQUIVALENT CONSERVATION MEASURES.

(a) IDENTIFICATION.—Section 610(a) of the High Seas Driftnet
Fishing Moratorium Protection Act (16 U.S.C. 1826k(a)) is amended
to read as follows:
‘‘(a) IDENTIFICATION.—
‘‘(1) IN GENERAL.—The Secretary shall identify and list
in the report under section 607—
‘‘(A) a nation if—
‘‘(i) any fishing vessel of that nation is engaged,
or has been engaged during the 3 years preceding
the date of the determination, in fishing activities or
practices on the high seas or within the exclusive economic zone of any nation, that have resulted in bycatch
of a protected living marine resource; and
‘‘(ii) the vessel’s flag state has not adopted, implemented, and enforced a regulatory program governing
such fishing designed to end or reduce such bycatch
that is comparable in effectiveness to the regulatory
program of the United States, taking into account differing conditions; and
‘‘(B) a nation if—
‘‘(i) any fishing vessel of that nation is engaged,
or has engaged during the 3 years preceding the date
of the determination, in fishing activities on the high
seas or within the exclusive economic zone of another
nation that target or incidentally catch sharks; and

H. R. 7776—1710
‘‘(ii) the vessel’s flag state has not adopted, implemented, and enforced a regulatory program to provide
for the conservation of sharks, including measures to
prohibit removal of any of the fins of a shark, including
the tail, before landing the shark in port, that is comparable to that of the United States.
‘‘(2) TIMING.—The Secretary shall make an identification
under paragraph (1) at any time that the Secretary has sufficient information to make such identification.’’.
(b) CONSULTATION AND NEGOTIATION.—Section 610(b) of the
High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C.
1826k(b)) is amended to read as follows:
‘‘(b) CONSULTATION AND NEGOTIATION.—The Secretary of State,
acting in consultation with the Secretary, shall—
‘‘(1) notify, as soon as practicable, the President and nations
that are engaged in, or that have any fishing vessels engaged
in, fishing activities or practices described in subsection (a),
about the provisions of this Act;
‘‘(2) initiate discussions as soon as practicable with all
foreign nations that are engaged in, or a fishing vessel of
which has engaged in, fishing activities described in subsection
(a), for the purpose of entering into bilateral and multilateral
treaties with such nations to protect such species and to address
any underlying failings or gaps that may have contributed
to identification under this Act;
‘‘(3) seek agreements calling for international restrictions
on fishing activities or practices described in subsection (a)
through the United Nations, the Committee on Fisheries of
the Food and Agriculture Organization of the United Nations,
and appropriate international fishery management bodies; and
‘‘(4) initiate the amendment of any existing international
treaty for the protection and conservation of such species to
which the United States is a party in order to make such
treaty consistent with the purposes and policies of this section.’’.
(c) CONSERVATION CERTIFICATION PROCEDURE.—Section 610(c)
of the High Seas Driftnet Fishing Moratorium Protection Act (16
U.S.C. 1826k(c)) is amended—
(1) in paragraph (2) by inserting ‘‘the public and’’ after
‘‘comment by’’;
(2) in paragraph (4)—
(A) in subparagraph (A) by striking ‘‘and’’ after the
semicolon;
(B) in subparagraph (B) by striking the period at the
end and inserting ‘‘; and’’; and
(C) by adding at the end the following:
‘‘(C) ensure that any such fish or fish products authorized for entry under this section are imported consistent
with the reporting and the recordkeeping requirements
of the Seafood Import Monitoring Program established in
subpart Q of part 300 of title 50, Code of Federal Regulations (or any successor regulation).’’; and
(3) in paragraph (5) by striking ‘‘(except to the extent
that such provisions apply to sport fishing equipment or fish
or fish products not caught by the vessels engaged in illegal,
unreported, or unregulated fishing)’’.

H. R. 7776—1711
(d) DEFINITION OF PROTECTED LIVING MARINE RESOURCE.—
Section 610(e) of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826k(e)) is amended by striking paragraph
(1) and inserting the following:
‘‘(1) except as provided in paragraph (2), means nontarget
fish, sea turtles, or marine mammals that are protected under
United States law or international agreement, including—
‘‘(A) the Marine Mammal Protection Act of 1972 (16
U.S.C. 1361 et seq.);
‘‘(B) the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.);
‘‘(C) the Shark Finning Prohibition Act (16 U.S.C. 1822
note); and
‘‘(D) the Convention on International Trade in Endangered Species of Wild Fauna and Flora, done at Washington
March 3, 1973 (27 UST 1087; TIAS 8249); but’’.
SEC. 11339. CAPACITY BUILDING IN FOREIGN FISHERIES.

(a) IN GENERAL.—The Secretary, in consultation with the heads
of other Federal agencies, as appropriate, shall develop and carry
out with partner governments and civil society—
(1) multi-year international environmental cooperation
agreements and projects; and
(2) multi-year capacity-building projects for implementing
measures to address illegal, unreported, or unregulated fishing,
fraud, forced labor, bycatch, and other conservation measures.
(b) CAPACITY BUILDING.—Section 3543(d) of the Maritime SAFE
Act (16 U.S.C. 8013(d)) is amended—
(1) in the matter preceding paragraph (1) by striking ‘‘as
appropriate,’’; and
(2) in paragraph (3) by striking ‘‘as appropriate’’ and
inserting ‘‘for all priority regions identified by the Working
Group’’.
(c) REPORTS.—Section 3553 of the Maritime SAFE Act (16
U.S.C. 8033) is amended—
(1) in paragraph (7) by striking ‘‘and’’ after the semicolon;
(2) in paragraph (8) by striking the period at the end
and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(9) the status of work with global enforcement partners.’’.
SEC. 11340. TRAINING OF UNITED STATES OBSERVERS.

Section 403(b) of the Magnuson-Stevens Fishery Conservation
and Management Act (16 U.S.C. 1881b(b)) is amended—
(1) in paragraph (3) by striking ‘‘and’’ after the semicolon;
(2) by redesignating paragraph (4) as paragraph (5); and
(3) by inserting after paragraph (3) the following:
‘‘(4) ensure that each observer has received training to
identify indicators of forced labor and human trafficking (as
such terms are defined in section 11329 of the Don Young
Coast Guard Authorization Act of 2022) and refer this information to appropriate authorities; and’’.
SEC. 11341. REGULATIONS.

Not later than 1 year after the date of enactment of this
Act, the Secretary shall promulgate such regulations as may be
necessary to carry out this subtitle and the amendments made
by this subtitle.

H. R. 7776—1712

TITLE CXIV—SUPPORT FOR COAST
GUARD WORKFORCE
Subtitle A—Support for Coast Guard
Members and Families
SEC. 11401. COAST GUARD CHILD CARE IMPROVEMENTS.

(a) FAMILY DISCOUNT FOR CHILD DEVELOPMENT SERVICES.—
Section 2922(b)(2) of title 14, United States Code, is amended
by adding at the end the following:
‘‘(D) In the case of an active duty member with two or more
children attending a Coast Guard child development center, the
Commandant may modify the fees to be charged for attendance
for the second and any subsequent child of such member by an
amount that is 15 percent less than the amount of the fee otherwise
chargeable for the attendance of the first such child enrolled at
the center, or another fee as the Commandant determines appropriate, consistent with multiple children.’’.
(b) CHILD DEVELOPMENT CENTER STANDARDS AND INSPECTIONS.—Section 2923(a) of title 14, United States Code, is amended
to read as follows:
‘‘(a) STANDARDS.—The Commandant shall require each Coast
Guard child development center to meet standards of operation—
‘‘(1) that the Commandant considers appropriate to ensure
the health, safety, and welfare of the children and employees
at the center; and
‘‘(2) necessary for accreditation by an appropriate national
early childhood programs accrediting entity.’’.
(c) CHILD CARE SUBSIDY PROGRAM.—
(1) AUTHORIZATION.—
(A) IN GENERAL.—Subchapter II of chapter 29 of title
14, United States Code, is amended by adding at the end
the following:
‘‘§ 2927. Child care subsidy program
‘‘(a) IN GENERAL.—
‘‘(1) AUTHORITY.—The Commandant may operate a child
care subsidy program to provide financial assistance to eligible
providers that provide child care services or youth program
services to members of the Coast Guard, members of the Coast
Guard with dependents who are participating in the child care
subsidy program, and any other individual the Commandant
considers appropriate, if—
‘‘(A) providing such financial assistance—
‘‘(i) is in the best interests of the Coast Guard;
and
‘‘(ii) enables supplementation or expansion of the
provision of Coast Guard child care services, while
not supplanting or replacing Coast Guard child care
services; and
‘‘(B) the Commandant ensures, to the extent practicable, that the eligible provider is able to comply, and
does comply, with the regulations, policies, and standards
applicable to Coast Guard child care services.

H. R. 7776—1713
‘‘(2) ELIGIBLE PROVIDERS.—A provider of child care services
or youth program services is eligible for financial assistance
under this section if the provider—
‘‘(A) is licensed to provide such services under
applicable State and local law or meets all applicable State
and local health and safety requirements if licensure is
not required;
‘‘(B) is either—
‘‘(i) is a family home daycare; or
‘‘(ii) is a provider of family child care services
that—
‘‘(I) otherwise provides federally funded or federally sponsored child development services;
‘‘(II) provides such services in a child development center owned and operated by a private,
not-for-profit organization;
‘‘(III) provides a before-school or after-school
child care program in a public school facility;
‘‘(IV) conducts an otherwise federally funded
or federally sponsored school-age child care or
youth services program; or
‘‘(V) conducts a school-age child care or youth
services program operated by a not-for-profit
organization; or
‘‘(C) is a provider of another category of child care
services or youth program services the Commandant considers appropriate for meeting the needs of members or
civilian employees of the Coast Guard.
‘‘(3) FINANCIAL ASSISTANCE FOR IN-HOME CHILD CARE.—
‘‘(A) IN GENERAL.—The Commandant may provide
financial assistance to members of the Coast Guard who
pay for services provided by in-home child care providers.
‘‘(B) REQUIREMENTS.—In carrying out such program,
the Commandant shall establish a policy and procedures
to—
‘‘(i) support the needs of families who request services provided by in-home childcare providers;
‘‘(ii) provide the appropriate amount of financial
assistance to provide to families described in paragraph, that is at minimum consistent with the program
authorized in subsection (a)(1); and
‘‘(iii) ensure the appropriate qualifications for such
in-home child care provider, which shall at minimum—
‘‘(I) take into consideration qualifications for
available in-home child care providers in the private sector; and
‘‘(II) ensure that the qualifications the Commandant determines appropriate under this paragraph are comparable to the qualifications for a
provider of child care services in a Coast Guard
child development center or family home day care.
‘‘(b) DIRECT PAYMENT.—
‘‘(1) IN GENERAL.—In carrying out a child care subsidy
program under subsection (a)(1), subject to paragraph (3), the
Commandant shall provide financial assistance under the program to an eligible member or individual the Commandant
considers appropriate by direct payment to such eligible

H. R. 7776—1714
member or individual through monthly pay, direct deposit,
or other direct form of payment.
‘‘(2) POLICY.—Not later than 180 days after the date of
the enactment of this section, the Commandant shall establish
a policy to provide direct payment as described in paragraph
(1).
‘‘(3) ELIGIBLE PROVIDER FUNDING CONTINUATION.—With the
approval of an eligible member or an individual the Commandant considers appropriate, which shall include the written
consent of such member or individual, the Commandant may
continue to provide financial assistance under the child care
subsidy program directly to an eligible provider on behalf of
such member or individual.
‘‘(4) RULE OF CONSTRUCTION.—Nothing in this subsection
may be construed to affect any preexisting reimbursement
arrangement between the Coast Guard and a qualified provider.’’.
(B) CLERICAL AMENDMENT.—The analysis for chapter
29 of title 14, United States Code, is amended by inserting
after the item relating to section 2926 the following:
‘‘2927. Child care subsidy program.’’.

(2) EXPANSION OF CHILD CARE SUBSIDY PROGRAM.—
(A) IN GENERAL.—The Commandant shall—
(i) evaluate potential eligible uses for the child
care subsidy program established under section 2927
of title 14, United States Code (referred to in this
paragraph as the ‘‘program’’);
(ii) expand the eligible uses of funds for the program to accommodate the child care needs of members
of the Coast Guard (including such members with nonstandard work hours and surge or other deployment
cycles), including in-home care as described in section
2927(a)(3) of title 14, United States Code, and including
by providing funds directly to such members instead
of care providers; and
(iii) streamline enrollment policies, practices,
paperwork, and requirements for eligible child care
providers to reduce barriers for members to enroll in
such providers.
(B) CONSIDERATIONS.—In evaluating potential eligible
uses under subparagraph (A), the Commandant shall consider in-home child care services, care services such as
supplemental care for children with disabilities, and any
other child care delivery method the Commandant considers appropriate.
(C) REQUIREMENTS.—In establishing expanded eligible
uses of funds for the program, the Commandant shall
ensure that such uses—
(i) are in the best interests of the Coast Guard;
(ii) provide flexibility for members of the Coast
Guard, including such members and employees with
nonstandard work hours; and
(iii) ensure a safe environment for dependents of
such members and employees.
(D) PUBLICATION.—Not later than 18 months after the
date of the enactment of this Act, the Commandant shall
publish an updated Commandant Instruction Manual

H. R. 7776—1715
(referred to in this paragraph as the ‘‘manual’’) that
describes the expanded eligible uses of the program.
(E) REPORT.—
(i) IN GENERAL.—Not later than 18 months after
the date of the enactment of this Act, the Commandant
shall submit to the Committee on Commerce, Science,
and Transportation of the Senate and the Committee
on Transportation and Infrastructure of the House of
Representatives a report outlining the expansion of
the program.
(ii) ELEMENTS.—The report required by clause (i)
shall include the following:
(I) An analysis of the considerations described
in subparagraph (B).
(II) A description of the analysis used to identify eligible uses that were evaluated and incorporated into the manual under subparagraph (D).
(III) A full analysis and justification with
respect to the forms of care that were ultimately
not included in the manual.
(IV) Any recommendation with respect to
funding or additional authorities necessary,
including proposals for legislative change, to meet
the current and anticipated future child care subsidy demands of the Coast Guard.
(V) A description of the steps taken to streamline enrollment policies, practices, and requirements for eligible child care providers in accordance with paragraph (2)(A)(iii).
SEC. 11402. ARMED FORCES ACCESS TO COAST GUARD CHILD
DEVELOPMENT SERVICES.

Section 2922(a) of title 14, United States Code, is amended
to read as follows:
‘‘(a)(1) The Commandant may make child development services
available, in such priority as the Commandant considers to be
appropriate and consistent with readiness and resources and in
the best interests of dependents of members and civilian employees
of the Coast Guard, for—
‘‘(A) members and civilian employees of the Coast Guard;
‘‘(B) surviving dependents of service members who have
died on active duty, if such dependents were beneficiaries of
a Coast Guard child development service at the time of the
death of such members;
‘‘(C) members of the armed forces (as defined in section
101(a) of title 10); and
‘‘(D) Federal civilian employees.
‘‘(2) Child development service benefits provided under the
authority of this section shall be in addition to benefits provided
under other laws.’’.
SEC. 11403. CADET PREGNANCY POLICY IMPROVEMENTS.

(a) REGULATIONS REQUIRED.—Not later than 18 months after
the date of enactment of this Act, the Secretary, in consultation
with the Secretary of Defense, shall prescribe regulations for the
Coast Guard Academy consistent with regulations required to be
promulgated by section 559(a) of the National Defense Authorization
Act of 2022 (Public Law 117–81).

H. R. 7776—1716
(b) BRIEFING.—Not later than 180 days after the date of the
enactment of this Act, the Secretary shall provide to the Committee
on Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives a briefing on the development of the regulations
required by subsection (a).
SEC. 11404. COMBAT-RELATED SPECIAL COMPENSATION.

(a) REPORT AND BRIEFING.—Not later than 90 days after the
date of enactment of this Act, and every 180 days thereafter until
the date that is 5 years after the date on which the initial report
is submitted under this subsection, the Commandant shall submit
a report and provide an in-person briefing to the Committee on
Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives on the implementation of section 221 of the Coast
Guard Authorization Act of 2016 (Public Law 114–120; 10 U.S.C.
1413a note).
(b) ELEMENTS.—Each report and briefing required by subsection
(a) shall include the following:
(1) A description of methods to educate members and
retirees on the combat-related special compensation program.
(2) Statistics regarding enrollment in such program for
members of the Coast Guard and Coast Guard retirees.
(3) A summary of each of the following:
(A) Activities carried out relating to the education of
members of the Coast Guard participating in the Transition
Assistance Program with respect to the combat-related special compensation program.
(B) Activities carried out relating to the education of
members of the Coast Guard who are engaged in missions
in which they are susceptible to injuries that may result
in qualification for combat-related special compensation,
including flight school, the National Motor Lifeboat School,
deployable special forces, and other training programs as
the Commandant considers appropriate.
(C) Activities carried out relating to training physicians
and physician assistants employed by the Coast Guard,
or otherwise stationed in Coast Guard clinics, sickbays,
or other locations at which medical care is provided to
members of the Coast Guard, for the purpose of ensuring,
during medical examinations, appropriate counseling and
documentation of symptoms, injuries, and the associated
incident that resulted in such injuries.
(D) Activities relating to the notification of heath
service officers with respect to the combat-related special
compensation program.
(4) The written guidance provided to members of the Coast
Guard regarding necessary recordkeeping to ensure eligibility
for benefits under such program.
(5) Any other matter relating to combat-related special
compensation the Commandant considers appropriate.
(c) DISABILITY DUE TO CHEMICAL OR HAZARDOUS MATERIAL
EXPOSURE.—Section 221(a) of the Coast Guard Authorization Act
of 2016 (Public Law 114–120; 10 U.S.C. 1413a note) is amended—
(1) in paragraph (1) by striking ‘‘department is’’ and
inserting ‘‘department in’’; and

H. R. 7776—1717
(2) in paragraph (2)—
(A) in the matter preceding subparagraph (A)—
(i) by striking ‘‘and hazardous’’ and inserting ‘‘hazardous’’; and
(ii) by inserting ‘‘, or a duty in which chemical
or other hazardous material exposure has occurred
(such as during marine inspections or pollution
response activities)’’ after ‘‘surfman)’’; and
(B) in subparagraph (B)—
(i) by striking‘‘paragraph (1) or paragraph (2) of’’;
and
(ii) by striking ‘‘, including—’’ and all that follows
through ‘‘search and rescue; or’’ and inserting ‘‘; or’’.
SEC. 11405. STUDY ON FOOD SECURITY.

(a) STUDY.—
(1) IN GENERAL.—The Commandant shall conduct a study
on food insecurity among members of the Coast Guard.
(2) ELEMENTS.—The study required under paragraph (1)
shall include the following:
(A) An analysis of the impact of food deserts on members of the Coast Guard and their dependents who live
in areas with high costs of living, including areas with
high-density populations and rural areas.
(B) A comparison of—
(i) the current method used by the Commandant
to determine which areas are considered to be high
cost-of-living areas;
(ii) local-level indicators used by the Bureau of
Labor Statistics to determine a cost of living that
indicates buying power and consumer spending in specific geographic areas; and
(iii) indicators of the cost of living used by the
Department of Agriculture in market basket analyses
and other measures of the local or regional cost of
food.
(C) An assessment of the accuracy of the method and
indicators described in subparagraph (B) in quantifying
high cost of living in low-data and remote areas.
(D) An assessment of the manner in which data
accuracy and availability affect the accuracy of cost-ofliving allowance calculations and other benefits, as the
Commandant considers appropriate.
(E) Recommendations—
(i) to improve access to high-quality, affordable
food within a reasonable distance of Coast Guard units
located in areas identified as food deserts;
(ii) to reduce transit costs for members of the
Coast Guard and their dependents who are required
to travel to access high-quality, affordable food; and
(iii) for improving the accuracy of the calculations
referred to in subparagraph (D).
(F) The estimated costs of implementing each recommendation made under subparagraph (E).
(b) PLAN.—

H. R. 7776—1718
(1) IN GENERAL.—The Commandant shall develop a detailed
plan to implement the recommendations of the study conducted
under subsection (a).
(2) REPORT.—Not later than 1 year after date of the enactment of this Act, the Commandant shall provide to the Committee on Commerce, Science, and Transportation of the Senate
and the Committee on Transportation and Infrastructure of
the House of Representatives a briefing on the plan required
under paragraph (1), including the cost of implementation,
proposals for legislative change, and any other result of the
study the Commandant considers appropriate.
(c) FOOD DESERT DEFINED.—In this section, the term ‘‘food
desert’’ means an area, as determined by the Commandant, in
which it is difficult, even with a vehicle or an otherwise-available
mode of transportation, to obtain affordable, high-quality fresh food
in the immediate area in which members of the Coast Guard
serve and reside.

Subtitle B—Healthcare
SEC. 11406. DEVELOPMENT OF MEDICAL STAFFING STANDARDS FOR
COAST GUARD.

(a) IN GENERAL.—Not later than 180 days after the date of
enactment of this Act, the Commandant, in consultation with the
Defense Health Agency and any healthcare expert the Commandant
considers appropriate, shall develop medical staffing standards for
the Coast Guard that are consistent with the recommendations
of the Comptroller General of the United States set forth in the
report titled ‘‘Coast Guard Health Care: Improvements Needed
for Determining Staffing Needs and Monitoring Access to Care’’
and published in February 2022.
(b) INCLUSIONS.—In developing the standards under subsection
(a), the Commandant shall address and take into consideration
the following:
(1) Current and future operations of healthcare personnel
in support of Department of Homeland Security missions,
including surge deployments for incident response.
(2) Staffing standards for specialized providers, including
flight surgeons, dentists, behavioral health specialists, and
physical therapists.
(3) Staffing levels of medical, dental, and behavioral health
providers for the Coast Guard who are—
(A) members of the Coast Guard;
(B) assigned to the Coast Guard from the Public Health
Service;
(C) Federal civilian employees; or
(D) contractors hired by the Coast Guard to fill vacancies.
(4) Staffing levels at medical facilities for Coast Guard
units in remote locations.
(5) Any discrepancy between medical staffing standards
of the Department of Defense and medical staffing standards
of the Coast Guard.
(c) REVIEW BY COMPTROLLER GENERAL.—Not later than 90 days
after the Commandant completes the staffing standards required
by subsection (a), the Commandant shall submit the standards

H. R. 7776—1719
to the Comptroller General, who shall review the standards and
provide recommendations to the Commandant.
(d) REPORT TO CONGRESS.—Not later than 180 days after developing the standards developed under subsection (a), the Commandant shall submit to the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report
on the standards developed under subsection (a) and the recommendations provided under subsection (c) that includes a plan
and a description of the resources and budgetary needs required
to implement the standards.
(e) MODIFICATION, IMPLEMENTATION, AND PERIODIC UPDATES.—
The Commandant shall—
(1) modify such standards, as necessary, based on the recommendations under subsection (c);
(2) implement the standards; and
(3) review and update the standards not less frequently
than every 4 years.
SEC. 11407. HEALTHCARE SYSTEM REVIEW AND STRATEGIC PLAN.

(a) IN GENERAL.—Not later than 270 days after the completion
of the studies conducted by the Comptroller General of the United
States under sections 8259 and 8260 of the William M. (Mac)
Thornberry National Defense Authorization Act of Fiscal Year 2021
(Public Law 116–283; 134 Stat. 4679), the Commandant shall—
(1) conduct a comprehensive review of the Coast Guard
healthcare system; and
(2) develop a strategic plan for improvements to, and the
modernization of, such system to ensure access to high-quality,
timely healthcare for members of the Coast Guard, their
dependents, and applicable Coast Guard retirees.
(b) PLAN.—
(1) IN GENERAL.—The strategic plan developed under subsection (a) shall seek to—
(A) maximize the medical readiness of members of
the Coast Guard;
(B) optimize delivery of healthcare benefits;
(C) ensure high-quality training of Coast Guard medical personnel; and
(D) prepare for the future needs of the Coast Guard.
(2) ELEMENTS.—The plan shall address, at a minimum,
the following:
(A) Improving access to healthcare for members of
the Coast Guard, their dependents, and applicable Coast
Guard retirees.
(B) Quality of healthcare.
(C) The experience and satisfaction of members of the
Coast Guard and their dependents with the Coast Guard
healthcare system.
(D) The readiness of members of the Coast Guard
and Coast Guard medical personnel.
(c) REVIEW COMMITTEE.—
(1) ESTABLISHMENT.—The Commandant shall establish a
review committee to conduct a comprehensive analysis of the
Coast Guard healthcare system (referred to in this section
as the ‘‘Review Committee’’).

H. R. 7776—1720
(2) MEMBERSHIP.—The Review Committee shall be composed of members selected by the Commandant, including—
(A) 1 or more members of the uniformed services (as
defined in section 101 of title 10, United States Code)
or Federal employees, either of which have expertise in—
(i) the medical, dental, pharmacy, or behavioral
health fields; or
(ii) any other field the Commandant considers
appropriate;
(B) 1 representative of the Defense Health Agency;
and
(C) 1 medical representative from each Coast Guard
district.
(3) CHAIRPERSON.—The chairperson of the Review Committee shall be the Director of the Health, Safety, and Work
Life Directorate of the Coast Guard.
(4) STAFF.—The Review Committee shall be staffed by
employees of the Coast Guard.
(5) REPORT TO COMMANDANT.—Not later than 1 year after
the Review Committee is established, the Review Committee
shall submit to the Commandant a report that—
(A) assesses, taking into consideration the medical
staffing standards developed under section 11406, the recommended medical staffing standards set forth in the
Comptroller General study required by section 8260 of
the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (Public Law 116–
283; 134 Stat. 4679), and compares such standards to the
medical staffing standards of the Department of Defense
and the private sector;
(B) addresses improvements needed to ensure continuity of care for members of the Coast Guard, including
by evaluating the feasibility of having a dedicated primary
care manager for each such member while the member
is stationed at a duty station;
(C) evaluates the effects of increased surge deployments of medical personnel on staffing needs at Coast
Guard clinics;
(D) identifies ways to improve access to care for members of the Coast Guard and their dependents who are
stationed in remote areas, including methods to expand
access to providers in the available network;
(E) identifies ways the Coast Guard may better use
Department of Defense Military Health System resources
for members of the Coast Guard, their dependents, and
applicable Coast Guard retirees;
(F) identifies barriers to participation in the Coast
Guard healthcare system and ways the Coast Guard may
better use patient feedback to improve quality of care at
Coast Guard-owned facilities, military treatment facilities,
and specialist referrals;
(G) includes recommendations to improve the Coast
Guard healthcare system; and
(H) any other matter the Commandant or the Review
Committee considers appropriate.

H. R. 7776—1721
(6) TERMINATION.—The Review Committee shall terminate
on the date that is 1 year after the date on which the Review
Committee submits the report required under paragraph (5).
(7) INAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE
ACT.—The Federal Advisory Committee Act (5 U.S.C. App.)
shall not apply to the Review Committee.
(d) REPORT TO CONGRESS.—Not later than 2 years after the
date of enactment of this Act, the Commandant shall submit to
the Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives—
(1) the strategic plan for the Coast Guard medical system
required under subsection (a);
(2) the report of the Review Committee submitted to the
Commandant under subsection (c)(5); and
(3) a description of the manner in which the Commandant
plans to implement the recommendations of the Review Committee.
SEC. 11408. DATA COLLECTION AND ACCESS TO CARE.

(a) IN GENERAL.—Not later than 180 days after the date of
enactment of this Act, the Commandant, in consultation with the
Defense Health Agency and any healthcare expert the Commandant
considers appropriate, shall develop, and make publicly available,
a policy to require the collection of data regarding access by members of the Coast Guard and their dependents to medical, dental,
and behavioral healthcare as recommended by the Comptroller
General of the United States in the report entitled ‘‘Coast Guard
Health Care: Improvements Needed for Determining Staffing Needs
and Monitoring Access to Care’’, published in February 2022.
(b) ELEMENTS.—The policy required by subsection (a) shall
address the following:
(1) Methods to collect data on access to care for—
(A) routine annual physical health assessments;
(B) flight physicals for aviators or prospective aviators;
(C) sick call;
(D) injuries;
(E) dental health; and
(F) behavioral health conditions.
(2) Collection of data on access to care for referrals.
(3) Collection of data on access to care for members of
the Coast Guard stationed at remote units, aboard Coast Guard
cutters, and on deployments.
(4) Use of the electronic health record system to improve
data collection on access to care.
(5) Use of data for addressing the standards of care,
including time between requests for appointments and actual
appointments, including appointments made with referral services.
(c) PUBLICATION AND REPORT TO CONGRESS.—Not later than
90 days after the policy under subsection (a) is completed, or any
subsequent updates to such policy, the Commandant shall—
(1) publish the policy on a publicly accessible internet
website of the Coast Guard; and
(2) submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a

H. R. 7776—1722
report on the policy and the manner in which the Commandant
plans to address access-to-care deficiencies.
(d) PERIODIC UPDATES.—Not less frequently than every 5 years,
the Commandant shall review and update the policy required under
subsection (a).
SEC. 11409. BEHAVIORAL HEALTH POLICY.

(a) INTERIM BEHAVIORAL HEALTH POLICY.—
(1) IN GENERAL.—Not later than 180 days after the date
of enactment of this Act, the Commandant shall establish an
interim behavioral health policy for members of the Coast
Guard that is in parity with section 5.28 (relating to behavioral
health) of Department of Defense Instruction 6130.03, volume
2, ‘‘Medical Standards for Military Service: Retention’’.
(2) TERMINATION.—The interim policy established under
paragraph (1) shall remain in effect until the date on which
the Commandant issues a permanent behavioral health policy
for members of the Coast Guard.
(b) PERMANENT POLICY.—In developing a permanent policy with
respect to retention and behavioral health, the Commandant shall
ensure that, to the extent practicable, the policy of the Coast Guard
is in parity with section 5.28 (relating to behavioral health) of
Department of Defense Instruction 6130.03, volume 2, ‘‘Medical
Standards for Military Service: Retention’’.
SEC. 11410. MEMBERS ASSERTING POST-TRAUMATIC STRESS DISORDER OR TRAUMATIC BRAIN INJURY.

(a) IN GENERAL.—Subchapter I of chapter 25 of title 14, United
States Code, is further amended by adding at the end the following:
‘‘§ 2516. Members asserting post-traumatic stress disorder or
traumatic brain injury
‘‘(a) MEDICAL EXAMINATION REQUIRED.—
‘‘(1) IN GENERAL.—The Secretary shall ensure that a
member of the Coast Guard who has performed Coast Guard
operations or has been sexually assaulted during the preceding
2-year period, and who is diagnosed by an appropriate licensed
or certified healthcare professional as experiencing post-traumatic stress disorder or traumatic brain injury or who otherwise
alleges, based on the service of the member or based on such
sexual assault, the influence of such a condition, receives a
medical examination to evaluate a diagnosis of post-traumatic
stress disorder or traumatic brain injury.
‘‘(2) RESTRICTION ON ADMINISTRATIVE SEPARATION.—A
member described in paragraph (1) shall not be administratively separated under conditions other than honorable,
including an administrative separation in lieu of a court-martial, until the results of the medical examination have been
reviewed by appropriate authorities responsible for evaluating,
reviewing, and approving the separation case, as determined
by the Secretary.
‘‘(3) POST-TRAUMATIC STRESS DISORDER.—In a case involving
post-traumatic stress disorder under this subsection, a medical
examination shall be—
‘‘(A) performed by—
‘‘(i) a board-certified or board-eligible psychiatrist;
or
‘‘(ii) a licensed doctorate-level psychologist; or

H. R. 7776—1723
‘‘(B) performed under the close supervision of—
‘‘(i) a board-certified or board-eligible psychiatrist;
or
‘‘(ii) a licensed doctorate-level psychologist, a doctorate-level mental health provider, a psychiatry resident, or a clinical or counseling psychologist who has
completed a 1-year internship or residency.
‘‘(4) TRAUMATIC BRAIN INJURY.—In a case involving traumatic brain injury under this subsection, a medical examination
shall be performed by a physiatrist, psychiatrist, neurosurgeon,
or neurologist.
‘‘(b) PURPOSE OF MEDICAL EXAMINATION.—The medical examination required under subsection (a) shall assess whether the
effects of mental or neurocognitive disorders, including post-traumatic stress disorder and traumatic brain injury, constitute matters
in extenuation that relate to the basis for administrative separation
under conditions other than honorable or the overall characterization of the service of the member as other than honorable.
‘‘(c) INAPPLICABILITY TO PROCEEDINGS UNDER UNIFORM CODE
OF MILITARY JUSTICE.—The medical examination and procedures
required by this section do not apply to courts-martial or other
proceedings conducted pursuant to the Uniform Code of Military
Justice.
‘‘(d) COAST GUARD OPERATIONS DEFINED.—In this section, the
term ‘Coast Guard operations’ has the meaning given that term
in section 888(a) of the Homeland Security Act of 2002 (6 U.S.C.
468(a)).’’.
(b) CLERICAL AMENDMENT.—The analysis for chapter 25 of title
14, United States Code, is amended by inserting after the item
relating to section 2515 (as added by this Act) the following:
‘‘2516. Members asserting post-traumatic stress disorder or traumatic brain injury.’’.
SEC. 11411. IMPROVEMENTS TO PHYSICAL DISABILITY EVALUATION
SYSTEM AND TRANSITION PROGRAM.

(a) TEMPORARY POLICY.—Not later than 60 days after the date
of enactment of this Act, the Commandant shall develop a temporary policy that—
(1) improves timeliness, communication, and outcomes for
members of the Coast Guard undergoing the Physical Disability
Evaluation System, or a related formal or informal process;
(2) affords maximum career transition benefits to members
of the Coast Guard determined by a Medical Evaluation Board
to be unfit for retention in the Coast Guard; and
(3) maximizes the potential separation and career transition benefits for members of the Coast Guard undergoing the
Physical Disability Evaluation System, or a related formal or
informal process.
(b) ELEMENTS.—The policy required under subsection (a) shall
include the following:
(1) A requirement that any member of the Coast Guard
who is undergoing the Physical Disability Evaluation System,
or a related formal or informal process, shall be placed in
a duty status that allows the member the opportunity to attend
necessary medical appointments and other activities relating
to the Physical Disability Evaluation System, including completion of any application of the Department of Veterans Affairs
and career transition planning.

H. R. 7776—1724
(2) In the case of a Medical Evaluation Board report that
is not completed not later than 120 days after the date on
which an evaluation by the Medical Evaluation Board was
initiated, the option for such a member to enter permissive
duty status.
(3) A requirement that the date of initiation of an evaluation by a Medical Evaluation Board shall include the date
on which any verbal or written affirmation is made to the
member, command, or medical staff that the evaluation by
the Medical Evaluation Board has been initiated.
(4) An option for such member to seek an internship under
the SkillBridge program established under section 1143(e) of
title 10, United States Code, and outside employment aimed
at improving the transition of the member to civilian life,
only if such an internship or employment does not interfere
with necessary medical appointments required for the member’s
physical disability evaluation.
(5) A requirement that not less than 21 days notice shall
be provided to such a member for any such medical appointment, to the maximum extent practicable, to ensure that the
appointment timeline is in the best interests of the immediate
health of the member.
(6) A requirement that the Coast Guard shall provide such
a member with a written separation date upon the completion
of a Medical Evaluation Board report that finds the member
unfit to continue active duty.
(7) To provide certainty to such a member with respect
to a separation date, a policy that ensures—
(A) that accountability measures are in place with
respect to Coast Guard delays throughout the Physical
Disability Evaluation System, including—
(i) placement of the member in an excess leave
status after 270 days have elapsed since the date of
initiation of an evaluation by a Medical Evaluation
Board by any competent authority; and
(ii) a calculation of the costs to retain the member
on active duty, including the pay, allowances, and other
associated benefits of the member, for the period beginning on the date that is 90 days after the date of
initiation of an evaluation by a Medical Evaluation
Board by any competent authority and ending on the
date on which the member is separated from the Coast
Guard; and
(B) the availability of administrative solutions to any
such delay.
(8) With respect to a member of the Coast Guard on temporary limited duty status, an option to remain in the member’s
current billet, to the maximum extent practicable, or to be
transferred to a different active-duty billet, so as to minimize
any negative impact on the member’s career trajectory.
(9) A requirement that each respective command shall
report to the Coast Guard Personnel Service Center any delay
of more than 21 days between each stage of the Physical
Disability Evaluation System for any such member, including
between stages of the processes, the Medical Evaluation Board,
the Informal Physical Evaluation Board, and the Formal Physical Evaluation Board.

H. R. 7776—1725
(10) A requirement that, not later than 7 days after receipt
of a report of a delay described in paragraph (9), the Personnel
Service Center shall take corrective action, which shall ensure
that the Coast Guard exercises maximum discretion to continue
the Physical Disability Evaluation System of such a member
in a timely manner, unless such delay is caused by the member.
(11) A requirement that—
(A) a member of the Coast Guard shall be allowed
to make a request for a reasonable delay in the Physical
Disability Evaluation System to obtain additional input
and consultation from a medical or legal professional; and
(B) any such request for delay shall be approved by
the Commandant based on a showing of good cause by
the member.
(c) REPORT ON TEMPORARY POLICY.—Not later than 60 days
after the date of enactment of this Act, the Commandant shall
submit to the Committee on Commerce, Science, and Transportation
of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a copy of the policy developed
under subsection (a).
(d) PERMANENT POLICY.—Not later than 180 days after the
date of enactment of this Act, the Commandant shall publish a
Commandant Instruction making the policy developed under subsection (a) a permanent policy of the Coast Guard.
(e) BRIEFING.—Not later than 1 year after the date of enactment
of this Act, the Commandant shall provide to the Committee on
Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a briefing on, and a copy of, the permanent policy.
(f) ANNUAL REPORT ON COSTS.—
(1) IN GENERAL.—Not less frequently than annually, the
Commandant shall submit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee
on Transportation and Infrastructure of the House of Representatives a report that, for the preceding fiscal year—
(A) details the total aggregate service-wide costs
described in subsection (b)(7)(A)(ii) for members of the
Coast Guard whose Physical Disability Evaluation System
process has exceeded 90 days; and
(B) includes for each such member—
(i) an accounting of such costs; and
(ii) the number of days that elapsed between the
initiation and completion of the Physical Disability
Evaluation System process.
(2) PERSONALLY IDENTIFIABLE INFORMATION.—A report
under paragraph (1) shall not include the personally identifiable
information of any member of the Coast Guard.
SEC. 11412. EXPANSION OF ACCESS TO COUNSELING.

(a) IN GENERAL.—Not later than 180 days after the date of
enactment of this Act, the Commandant shall hire, train, and
deploy not fewer than an additional 5 behavioral health specialists.
(b) REQUIREMENT.—Through the hiring process required under
subsection (a), the Commandant shall ensure that at least 35 percent of behavioral health specialists employed by the Coast Guard
have experience in behavioral healthcare for the purpose of supporting members of the Coast Guard with needs for perinatal

H. R. 7776—1726
mental health care and counseling service for miscarriage, child
loss, and postpartum depression.
(c) ACCESSIBILITY.—The support provided by the behavioral
health specialists described in subsection (a)—
(1) may include care delivered via telemedicine; and
(2) shall be made widely available to members of the Coast
Guard.
SEC. 11413. EXPANSION OF POSTGRADUATE OPPORTUNITIES FOR
MEMBERS OF COAST GUARD IN MEDICAL AND RELATED
FIELDS.

(a) IN GENERAL.—The Commandant shall expand opportunities
for members of the Coast Guard to secure postgraduate degrees
in medical and related professional disciplines for the purpose of
supporting Coast Guard clinics and operations.
(b) APPLICATION OF LAW.—Individuals who receive assistance
pursuant to subsection (a) shall be subject to the service obligations
required under section 2114 of title 10, United States Code.
(c) MILITARY TRAINING STUDENT LOADS.—Section 4904(b)(3) of
title 14, United States Code, is amended by striking ‘‘350’’ and
inserting ‘‘385’’.
SEC. 11414. STUDY ON COAST GUARD MEDICAL FACILITIES NEEDS.

(a) IN GENERAL.—Not later than 270 days after the date of
enactment of this Act, the Comptroller General of the United States
shall commence a study on Coast Guard medical facilities needs.
(b) ELEMENTS.—The study required by subsection (a) shall
include the following:
(1) A list of Coast Guard medical facilities, including clinics,
sickbays, and shipboard facilities.
(2) A summary of capital needs for Coast Guard medical
facilities, including construction and repair.
(3) A summary of equipment upgrade backlogs of Coast
Guard medical facilities.
(4) An assessment of improvements to Coast Guard medical
facilities, including improvements to information technology
infrastructure, required to enable the Coast Guard to fully
use telemedicine and implement other modernization initiatives.
(5) An evaluation of the process used by the Coast Guard
to identify, monitor, and construct Coast Guard medical facilities.
(6) A description of the resources necessary to fully address
all Coast Guard medical facilities needs.
(c) REPORT.—Not later than 1 year after commencing the study
required by subsection (a), the Comptroller General shall submit
to the Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Transportation and Infrastructure
of the House of Representatives a report on the findings of the
study.
SEC. 11415. STUDY ON COAST GUARD TELEMEDICINE PROGRAM.

(a) IN GENERAL.—Not later than 180 days after the date of
enactment of this Act, the Comptroller General of the United States
shall commence a study on the Coast Guard telemedicine program.
(b) ELEMENTS.—The study required under subsection (a) shall
include the following:
(1) An assessment of—

H. R. 7776—1727
(A) the current capabilities and limitations of the Coast
Guard telemedicine program;
(B) the degree of integration of such program with
existing electronic health records;
(C) the capability and accessibility of such program,
as compared to the capability and accessibility of the telemedicine programs of the Department of Defense and
commercial medical providers;
(D) the manner in which the Coast Guard telemedicine
program may be expanded to provide better clinical and
behavioral medical services to members of the Coast Guard,
including such members stationed at remote units or
onboard Coast Guard cutters at sea; and
(E) the costs savings associated with the provision
of—
(i) care through telemedicine; and
(ii) preventative care.
(2) An identification of barriers to full use or expansion
of such program.
(3) A description of the resources necessary to expand
such program to its full capability.
(c) REPORT.—Not later than 1 year after commencing the study
required by subsection (a), the Comptroller General shall submit
to the Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Transportation and Infrastructure
of the House of Representatives a report on the findings of the
study.

Subtitle C—Housing
SEC. 11416. STUDY ON COAST GUARD HOUSING ACCESS, COST, AND
CHALLENGES.

(a) IN GENERAL.—Not later than 90 days after the date of
enactment of this Act, the Comptroller General of the United States
shall commence a study on housing access, cost, and associated
challenges facing members of the Coast Guard.
(b) ELEMENTS.—The study required under subsection (a) shall
include the following:
(1) An assessment of—
(A) the extent to which—
(i) the Commandant has evaluated the sufficiency,
availability, and affordability of housing options for
members of the Coast Guard and their dependents;
and
(ii) the Coast Guard owns and leases housing for
members of the Coast Guard and their dependents;
(B) the methods used by the Commandant to manage
housing data, and the manner in which the Commandant
uses such data—
(i) to inform Coast Guard housing policy; and
(ii) to guide investments in Coast Guard-owned
housing capacity and other investments in housing,
such as long-term leases and other housing options;
and

H. R. 7776—1728
(C) the process used by the Commandant to gather
and provide information used to calculate housing allowances for members of the Coast Guard and their dependents, including whether the Commandant has established
best practices to manage low-data areas.
(2) An assessment as to whether the Department of Defense
basic allowance for housing is sufficient for members of the
Coast Guard.
(3) Recommendations for actions the Commandant should
take to improve the availability and affordability of housing
for members of the Coast Guard and their dependents who
are stationed in—
(A) remote units located in areas in which members
of the Coast Guard and their dependents are eligible for
TRICARE Prime Remote; or
(B) units located in areas with a high number of vacation rental properties.
(c) REPORT.—Not later than 1 year after commencing the study
required under subsection (a), the Comptroller General shall submit
to the Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Transportation and Infrastructure
of the House of Representatives a report on the findings of the
study.
(d) STRATEGY.—Not later than 180 days after the submission
of the report required under subsection (c), the Commandant shall
publish a Coast Guard housing strategy that addresses the findings
set forth in the report. Such strategy shall, at a minimum—
(1) address housing inventory shortages and affordability;
and
(2) include a Coast Guard-owned housing infrastructure
investment prioritization plan.
SEC. 11417. AUDIT OF CERTAIN MILITARY HOUSING CONDITIONS OF
ENLISTED MEMBERS OF COAST GUARD IN KEY WEST,
FLORIDA.

(a) IN GENERAL.—Not later than 30 days after the date of
enactment of this Act, the Commandant, in coordination with the
Secretary of the Navy, shall commence an audit to assess—
(1) the conditions of housing units of enlisted members
of the Coast Guard located at Naval Air Station Key West
Sigsbee Park Annex;
(2) the percentage of such units that are considered unsafe
or unhealthy housing units for enlisted members of the Coast
Guard and their families;
(3) the process used by enlisted members of the Coast
Guard and their families to report housing concerns;
(4) the extent to which enlisted members of the Coast
Guard and their families experience unsafe or unhealthy
housing units, relocate, receive a per diem, or expend similar
expenses as a direct result of displacement that are not covered
by a landlord, insurance, or claims process;
(5) the feasibility of providing reimbursement for uncovered
expenses described in paragraph (4); and
(6) what resources are needed to provide appropriate and
safe housing for enlisted members of the Coast Guard and
their families in Key West, Florida.

H. R. 7776—1729
(b) REPORT.—Not later than 120 days after the date of enactment of this section , the Commandant shall submit to the appropriate committees of Congress a report on the results of the audit.
(c) DEFINITIONS.—In this section:
(1) APPROPRIATE COMMITTEES OF CONGRESS.—The term
‘‘appropriate committees of Congress’’ means—
(A) the Committee on Commerce, Science, and
Transportation and the Committee on Homeland Security
and Governmental Affairs of the Senate; and
(B) the Committee on Transportation and Infrastructure and the Committee on Homeland Security of the House
of Representatives.
(2) UNSAFE OR UNHEALTHY HOUSING UNIT.—The term
‘‘unsafe or unhealthy housing unit’’ means a unit of housing
unit in which is present, at levels exceeding relevant governmental health or housing standards or guidelines, at least
1 of the following hazards:
(A) Physiological hazards, including the following:
(i) Dampness or microbial growth.
(ii) Lead-based paint.
(iii) Asbestos or manmade fibers.
(iv) Ionizing radiation.
(v) Biocides.
(vi) Carbon monoxide.
(vii) Volatile organic compounds.
(viii) Infectious agents.
(ix) Fine particulate matter.
(B) Psychological hazards, including the following:
(i) Ease of access by unlawful intruders.
(ii) Lighting issues.
(iii) Poor ventilation.
(iv) Safety hazards.
(v) Other hazards similar to the hazards specified
in clauses (i) through (iv).
SEC. 11418. STUDY ON COAST GUARD HOUSING AUTHORITIES AND
PRIVATIZED HOUSING.

(a) STUDY.—
(1) IN GENERAL.—Not later than 180 days after the date
of enactment of this Act, the Comptroller General of the United
States shall commence a study that—
(A) evaluates the authorities of the Coast Guard
relating to construction, operation, and maintenance of
housing provided to members of the Coast Guard and their
dependents; and
(B) assesses other options to meet Coast Guard housing
needs in rural and urban housing markets, including
public-private partnerships, long-term lease agreements,
privately owned housing, and any other housing option
the Comptroller General identifies.
(2) ELEMENTS.—The study required under paragraph (1)
shall include the following:
(A) A review of authorities, regulations, and policies
available to the Secretary with respect to construction,
maintenance, and operation of housing for members of
the Coast Guard and their dependents, including unaccompanied member housing, that considers—

H. R. 7776—1730
(i) housing that is owned and managed by the
Coast Guard;
(ii) long-term leasing or extended-rental housing;
(iii) public-private partnerships or other privatized
housing options for which the Secretary may enter
into 1 or more contracts with a private entity to build,
maintain, and manage privatized housing for members
of the Coast Guard and their dependents;
(iv) on-installation and off-installation housing
options, and the availability of, and authorities relating
to, such options; and
(v) housing availability near Coast Guard units,
readiness needs, and safety.
(B) A review of the housing-related authorities, regulations, and policies available to the Secretary of Defense,
and an identification of the differences between such
authorities afforded to the Secretary of Defense and the
housing-related authorities, regulations, and policies
afforded to the Secretary.
(C) A description of lessons learned, or recommendations for, the Coast Guard based on the use of private
housing by the Department of Defense, including the recommendations set forth in the report of the Government
Accountability Office titled ‘‘Privatized Military Housing:
Update on DOD’s Efforts to Address Oversight Challenges’’
(GAO–22–105866), issued in March 2022.
(D) An assessment of the extent to which the Secretary
uses the authorities provided in subchapter IV of chapter
169 of title 10, United States Code.
(E) An analysis of immediate and long-term costs associated with housing owned and operated by the Coast
Guard, as compared to opportunities for long-term leases,
private housing, and other public-private partnerships in
urban and remote locations.
(b) REPORT.—Not later than 1 year after the date of enactment
of this Act, the Comptroller General shall submit to the appropriate
committees of Congress a report on the results of the study conducted under subsection (a).
(c) BRIEFING.—Not later than 180 days after the date on which
the report required under subsection (b) is submitted, the Commandant or the Secretary shall provide a briefing to the appropriate
committees of Congress on—
(1) the actions the Commandant has, or has not, taken
with respect to the results of the study;
(2) a plan for addressing areas identified in the report
that present opportunities for improving the housing options
available to members of the Coast Guard and their dependents;
and
(3) the need for, or potential manner of use of, any authorities the Coast Guard does not have with respect to housing,
as compared to the Department of Defense.
(d) APPROPRIATE COMMITTEES OF CONGRESS.—In this section,
the term ‘‘appropriate committees of Congress’’ means the Committee on Commerce, Science, and Transportation of the Senate
and the Committee on Transportation and Infrastructure of the
House of Representatives.

H. R. 7776—1731
SEC. 11419. STRATEGY TO IMPROVE QUALITY OF LIFE AT REMOTE
UNITS.

(a) IN GENERAL.—Not more than 180 days after the date of
enactment of this Act, the Commandant shall develop a strategy
to improve the quality of life for members of the Coast Guard
and their dependents who are stationed in remote units.
(b) ELEMENTS.—The strategy developed under subsection (a)
shall address the following:
(1) Methods to improve the availability or affordability
of housing options for such members and their dependents
through—
(A) Coast Guard-owned housing; or
(B) Coast Guard-facilitated housing.
(2) A review of whether current methods for determining
the amount of basic housing allowances received by such members of the Coast Guard accurately reflect the costs of privately
owned or privately rented housing in such areas.
(3) Methods to improve access by such members and their
dependents to—
(A) medical, dental, and pediatric care; and
(B) behavioral health care that is covered under the
TRICARE program (as defined in section 1072 of title 10,
United States Code).
(4) Methods to increase access to child care services in
such areas, including recommendations for increasing child care
capacity and opportunities for care within the Coast Guard
and in the private sector.
(5) Methods to improve non-Coast Guard network internet
access at remote units—
(A) to improve communications between members of
the Coast Guard on active duty who are assigned or
attached to a remote unit and the family members of
such members who are not located in the same location
as such member; and
(B) for other purposes such as education and training.
(6) Methods to support spouses and other dependents of
members serving in such areas who face challenges specific
to remote locations.
(7) Any other matter the Commandant considers appropriate.
(c) BRIEFING.—Not later than 180 days after the strategy developed under subsection (a) is completed, the Commandant shall
provide to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a briefing on the
strategy.
(d) REMOTE UNIT DEFINED.—In this section, the term ‘‘remote
unit’’ means a unit located in an area in which members of the
Coast Guard and their dependents are eligible for TRICARE Prime
Remote.

H. R. 7776—1732

Subtitle D—Other Matters
SEC. 11420. REPORT ON AVAILABILITY OF EMERGENCY SUPPLIES FOR
COAST GUARD PERSONNEL.

(a) IN GENERAL.—Not later than 180 days after the date of
enactment of this Act, the Comptroller General of the United States
shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a report on the
availability of appropriate emergency supplies at Coast Guard units.
(b) ELEMENTS.—The report required under subsection (a) shall
include the following:
(1) An assessment of the extent to which—
(A) the Commandant ensures that Coast Guard units
assess risks and plan accordingly to obtain and maintain
appropriate emergency supplies; and
(B) Coast Guard units have emergency food and water
supplies available according to local emergency preparedness needs.
(2) A description of any challenge the Commandant faces
in planning for and maintaining adequate emergency supplies
for Coast Guard personnel.
(c) PUBLICATION.—Not later than 90 days after the date of
submission of the report required by subsection (a), the Commandant shall publish a strategy and recommendations in response
to the report that includes—
(1) a plan for improving emergency preparedness and emergency supplies for Coast Guard units; and
(2) a process for periodic review and engagement with
Coast Guard units to ensure emerging emergency response
supply needs are achieved and maintained.
SEC. 11421. FLEET MIX ANALYSIS AND SHORE INFRASTRUCTURE
INVESTMENT PLAN.

(a) FLEET MIX ANALYSIS.—
(1) IN GENERAL.—The Commandant shall conduct an
updated fleet mix analysis that provides for a fleet mix sufficient, as determined by the Commandant—
(A) to carry out—
(i) the missions of the Coast Guard; and
(ii) emerging mission requirements; and
(B) to address—
(i) national security threats; and
(ii) the global deployment of the Coast Guard to
counter great power competitors.
(2) REPORT.—Not later than 1 year after the date of enactment of this Act, the Commandant shall submit to Congress
a report on the results of the updated fleet mix analysis
required under paragraph (1).
(b) SHORE INFRASTRUCTURE INVESTMENT PLAN.—
(1) IN GENERAL.—The Commandant shall develop an
updated shore infrastructure investment plan that includes—
(A) the construction of additional facilities to accommodate the updated fleet mix described in subsection (a)(1);
(B) improvements necessary to ensure that existing
facilities meet requirements and remain operational for

H. R. 7776—1733
the lifespan of such fleet mix, including necessary improvements to information technology infrastructure;
(C) a timeline for the construction and improvement
of the facilities described in subparagraphs (A) and (B);
and
(D) a cost estimate for construction and life-cycle support of such facilities, including for necessary personnel.
(2) REPORT.—Not later than 1 year after the date on which
the report under subsection (a)(2) is submitted, the Commandant shall submit to Congress a report on the plan required
under paragraph (1).

TITLE CXV—MARITIME
Subtitle A—Vessel Safety
SEC. 11501. RESPONSES TO SAFETY RECOMMENDATIONS.

(a) IN GENERAL.—Chapter 7 of title 14, United States Code,
is amended by adding at the end the following:
‘‘§ 721. Responses to safety recommendations
‘‘(a) IN GENERAL.—Not later than 90 days after the National
Transportation Safety Board submits to the Commandant a recommendation, and supporting justification for such recommendation, relating to transportation safety, the Commandant shall
submit to the National Transportation Safety Board a written
response to the recommendation, including whether the Commandant—
‘‘(1) concurs with the recommendation;
‘‘(2) partially concurs with the recommendation; or
‘‘(3) does not concur with the recommendation.
‘‘(b) EXPLANATION OF CONCURRENCE.—The Commandant shall
include in a response submitted under subsection (a)—
‘‘(1) with respect to a recommendation with which the
Commandant concurs or partially concurs, an explanation of
the actions the Commandant intends to take to implement
such recommendation or part of such recommendation; and
‘‘(2) with respect to a recommendation with which the
Commandant does not concur, the reasons the Commandant
does not concur.
‘‘(c) FAILURE TO RESPOND.—If the National Transportation
Safety Board has not received the written response required under
subsection (a) by the end of the time period described in such
subsection, the National Transportation Safety Board shall notify
the Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives that such response has not been
received.’’.
(b) CLERICAL AMENDMENT.—The analysis for chapter 7 of title
14, United States Code, is amended by adding at the end the
following:
‘‘721. Responses to safety recommendations.’’.
SEC. 11502. REQUIREMENTS FOR DUKW AMPHIBIOUS PASSENGER VESSELS.

(a) RULEMAKING REQUIRED.—

H. R. 7776—1734
(1) IN GENERAL.—Not later than 6 months after the date
of enactment of this Act, the Commandant shall initiate a
rulemaking to establish additional safety standards for DUKW
amphibious passenger vessels.
(2) DEADLINE FOR REGULATIONS.—The regulations issued
under paragraph (1) shall take effect not later than 18 months
after the Commandant promulgates a final rule pursuant to
such paragraph.
(b) REQUIREMENTS.—The regulations required under subsection
(a) shall include the following:
(1) A requirement that operators of DUKW amphibious
passenger vessels provide reserve buoyancy for such vessels
through
passive
means,
including
watertight
compartmentalization, built-in flotation, or such other means
as determined appropriate by the Commandant, in order to
ensure that such vessels remain afloat and upright in the
event of flooding, including when carrying a full complement
of passengers and crew.
(2) An identification, in consultation with the Under Secretary of Commerce for Oceans and Atmosphere, of limiting
environmental conditions, such as weather, in which DUKW
amphibious passenger vessels may safely operate and a requirement that such limiting conditions be described in the certificate of inspection of each DUKW amphibious passenger vessel.
(3) Requirements that an operator of a DUKW amphibious
passenger vessel—
(A) proceed to the nearest harbor or safe refuge in
any case in which a watch or warning is issued for wind
speeds exceeding the wind speed equivalent used to certify
the stability of such DUKW amphibious passenger vessel;
and
(B) maintain and monitor a weather monitor radio
receiver at the operator station of the vessel that is automatically activated by the warning alarm device of the
National Weather Service.
(4) A requirement that—
(A) operators of DUKW amphibious passenger vessels
inform passengers that seat belts may not be worn during
waterborne operations;
(B) before the commencement of waterborne operations,
a crew member shall visually check that the seatbelt of
each passenger is unbuckled; and
(C) operators or crew maintain a log recording the
actions described in subparagraphs (A) and (B).
(5) A requirement for annual training for operators and
crew of DUKW amphibious passenger vessels, including—
(A) training for personal flotation and seat belt requirements, verifying the integrity of the vessel at the onset
of each waterborne departure, identification of weather
hazards, and use of National Weather Service resources
prior to operation; and
(B) training for crew to respond to emergency situations, including flooding, engine compartment fires, manoverboard situations, and in water emergency egress procedures.
(c) CONSIDERATION.—In issuing the regulations required under
subsection (a), the Commandant shall consider whether personal

H. R. 7776—1735
flotation devices should be required for the duration of the waterborne transit of a DUKW amphibious passenger vessel.
(d) WAIVER.—The Commandant may waive the reserve buoyancy requirements described in subsection (b)(1) for a DUKW
amphibious passenger vessel if the Commandant certifies in writing,
using the best available science, to the appropriate congressional
committees that such requirement is not practicable or technically
or practically achievable for such vessel.
(e) NOTICE TO PASSENGERS.—A DUKW amphibious passenger
vessel that receives a waiver under subsection (d) shall provide
a prominently displayed notice on its website, ticket counter, and
each ticket for passengers that the vessel is exempt from meeting
Coast Guard safety compliance standards concerning reserve buoyancy.
(f) INTERIM REQUIREMENTS.—Prior to issuing final regulations
pursuant to subsection (a) and not later than 180 days after the
date of enactment of this Act, the Commandant shall require that
operators of DUKW amphibious passenger vessels implement the
following requirements:
(1) Remove the canopies and any window coverings of such
vessels for waterborne operations, or install in such vessels
a canopy that does not restrict horizontal or vertical escape
by passengers in the event of flooding or sinking.
(2) If a canopy and window coverings are removed from
any such vessel pursuant to paragraph (1), require that all
passengers wear a personal flotation device approved by the
Coast Guard before the onset of waterborne operations of such
vessel.
(3) Reengineer such vessels to permanently close all
unnecessary access plugs and reduce all through-hull penetrations to the minimum number and size necessary for operation.
(4) Install in such vessels independently powered electric
bilge pumps that are capable of dewatering such vessels at
the volume of the largest remaining penetration in order to
supplement an operable Higgins pump or a dewatering pump
of equivalent or greater capacity.
(5) Install in such vessels not fewer than 4 independently
powered bilge alarms.
(6) Conduct an in-water inspection of any such vessel after
each time a through-hull penetration of such vessel has been
removed or uncovered.
(7) Verify through an in-water inspection the watertight
integrity of any such vessel at the outset of each waterborne
departure of such vessel.
(8) Install underwater LED lights that activate automatically in an emergency.
(9) Otherwise comply with any other provisions of relevant
Coast Guard guidance or instructions in the inspection, configuration, and operation of such vessels.
(g) IMPLEMENTATION.—The Commandant shall implement the
interim requirements under subsection (f) without regard to chapters 5 and 6 of title 5, United States Code, and Executive Order
Nos. 12866 and 13563 (5 U.S.C. 601 note).
(h) DEFINITIONS.—In this section:
(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term
‘‘appropriate congressional committees’’ means the Committee

H. R. 7776—1736
Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.
(2) DUKW AMPHIBIOUS PASSENGER VESSEL.—The term
‘‘DUKW amphibious passenger vessel’’ means a vessel that
uses, modifies, or is derived from the GMC DUKW–353 design,
and which is operating as a small passenger vessel in waters
subject to the jurisdiction of the United States, as defined
in section 2.38 of title 33, Code of Federal Regulations (or
a successor regulation).
SEC. 11503. EXONERATION AND LIMITATION OF LIABILITY FOR SMALL
PASSENGER VESSELS.

(a) RESTRUCTURING.—Chapter 305 of title 46, United States
Code, is amended—
(1) by inserting before section 30501 the following:
‘‘Subchapter I—General Provisions’’;
(2) by inserting before section 30503 the following:
‘‘Subchapter II—Exoneration and Limitation of Liability’’;
and
(3) by redesignating sections 30503 through 30512 as sections 30521 through 30530, respectively.
(b) DEFINITIONS.—Section 30501 of title 46, United States Code,
is amended to read as follows:
‘‘§ 30501. Definitions
‘‘In this chapter:
‘‘(1) COVERED SMALL PASSENGER VESSEL.—The term ‘covered small passenger vessel’—
‘‘(A) means a small passenger vessel, as defined in
section 2101, that is—
‘‘(i) not a wing-in-ground craft; and
‘‘(ii) carrying—
‘‘(I) not more than 49 passengers on an overnight domestic voyage; and
‘‘(II) not more than 150 passengers on any
voyage that is not an overnight domestic voyage;
and
‘‘(B) includes any wooden vessel constructed prior to
March 11, 1996, carrying at least 1 passenger for hire.
‘‘(2) OWNER.—The term ‘owner’ includes a charterer that
mans, supplies, and navigates a vessel at the charterer’s own
expense or by the charterer’s own procurement.’’.
(c) APPLICABILITY.—Section 30502 of title 46, United States
Code, is amended to read as follows:
‘‘§ 30502. Application
‘‘(a) IN GENERAL.—Except as otherwise provided,
(except section 30521) applies to seagoing vessels and
on lakes or rivers or in inland navigation, including
barges, and lighters.
‘‘(b) EXCEPTION.—This chapter (except for section
not apply to covered small passenger vessels.’’.

this chapter
vessels used
canal boats,
30526) shall

H. R. 7776—1737
(d) PROVISIONS REQUIRING NOTICE OF CLAIM OR LIMITING TIME
BRINGING ACTION.—Section 30526(b) of title 46, United States
Code, as redesignated by subsection (a), is amended—
(1) in paragraph (1)—
(A) by inserting ‘‘, in the case of seagoing vessels,’’
after ‘‘personal injury or death’’; and
(B) by inserting ‘‘, or in the case of covered small
passenger vessels, to less than two years after the date
of the injury or death’’ after ‘‘date of the injury or death’’;
and
(2) in paragraph (2)—
(A) by inserting ‘‘, in the case of seagoing vessels,’’
after ‘‘personal injury or death’’; and
(B) by inserting ‘‘, or in the case of covered small
passenger vessels, to less than two years after the date
of the injury or death’’ after ‘‘date of the injury or death’’.
(e) CHAPTER ANALYSIS.—The analysis for chapter 305 of title
46, United States Code, is amended—
(1) by inserting before the item relating to section 30501
the following:
FOR

‘‘SUBCHAPTER I—GENERAL

PROVISIONS’’;

(2) by inserting after the item relating to section 30502
the following:
‘‘SUBCHAPTER II—EXONERATION

AND LIMITATION OF LIABILITY’’;

(3) by striking the item relating to section 30501 and
inserting the following:
‘‘30501. Definitions.’’;

and
(4) by redesignating the items relating to sections 30503
through 30512 as items relating to sections 30521 through
30530, respectively.
(f) CONFORMING AMENDMENTS.—Title 46, United States Code,
is further amended—
(1) in section 14305(a)(5) by striking ‘‘section 30506’’ and
inserting ‘‘section 30524’’;
(2) in section 30523(a), as redesignated by subsection (a),
by striking ‘‘section 30506’’ and inserting ‘‘section 30524’’;
(3) in section 30524(b), as redesignated by subsection (a),
by striking ‘‘section 30505’’ and inserting ‘‘section 30523’’; and
(4) in section 30525, as redesignated by subsection (a)—
(A) in the matter preceding paragraph (1) by striking
‘‘sections 30505 and 30506’’ and inserting ‘‘sections 30523
and 30524’’;
(B) in paragraph (1) by striking ‘‘section 30505’’ and
inserting ‘‘section 30523’’; and
(C) in paragraph (2) by striking ‘‘section 30506(b)’’
and inserting ‘‘section 30524(b)’’.
SEC. 11504. AT-SEA RECOVERY OPERATIONS PILOT PROGRAM.

(a) IN GENERAL.—The Secretary shall conduct a pilot program
to evaluate the potential use of remotely controlled or autonomous
operation and monitoring of certain vessels for the purposes of—
(1) better understanding the complexities of such at-sea
operations and potential risks to navigation safety, vessel security, maritime workers, the public, and the environment;

H. R. 7776—1738
(2) gathering observational and performance data from
monitoring the use of remotely-controlled or autonomous vessels; and
(3) assessing and evaluating regulatory requirements necessary to guide the development of future occurrences of such
operations and monitoring activities.
(b) DURATION AND EFFECTIVE DATE.—The duration of the pilot
program established under this section shall be not more than
5 years beginning on the date on which the pilot program is established, which shall be not later than 180 days after the date of
enactment of this Act.
(c) AUTHORIZED ACTIVITIES.—The activities authorized under
this section include—
(1) remote over-the-horizon monitoring operations related
to the active at-sea recovery of spaceflight components on an
unmanned vessel or platform;
(2) procedures for the unaccompanied operation and monitoring of an unmanned spaceflight recovery vessel or platform;
and
(3) unmanned vessel transits and testing operations without a physical tow line related to space launch and recovery
operations, except within 12 nautical miles of a port.
(d) INTERIM AUTHORITY.—In recognition of potential risks to
navigation safety, vessel security, maritime workers, the public,
and the environment, and the unique circumstances requiring the
use of remotely operated or autonomous vessels, the Secretary,
in the pilot program established under subsection (a), may—
(1) allow remotely controlled or autonomous vessel operations to proceed consistent to the extent practicable under
the proposed title 33, United States Code, and 46, United
States Code, including navigation and manning laws and regulations;
(2) modify or waive applicable regulations and guidance
as the Secretary considers appropriate to—
(A) allow remote and autonomous vessel at-sea operations and activities to occur while ensuring navigation
safety; and
(B) ensure the reliable, safe, and secure operation of
remotely-controlled or autonomous vessels; and
(3) require each remotely operated or autonomous vessel
to be at all times under the supervision of 1 or more individuals—
(A) holding a merchant mariner credential which is
suitable to the satisfaction of the Coast Guard; and
(B) who shall practice due regard for the safety of
navigation of the autonomous vessel, to include collision
avoidance.
(e) RULE OF CONSTRUCTION.—Nothing in this section shall be
construed to authorize the Secretary to—
(1) permit foreign vessels to participate in the pilot program
established under subsection (a);
(2) waive or modify applicable laws and regulations under
the proposed title 33, United States Code, and title 46, United
States Code, except to the extent authorized under subsection
(d)(2);
(3) waive or modify applicable laws and regulations under
titles 49 and 51 of the United States Code; or

H. R. 7776—1739
(4) waive or modify any regulations arising under international conventions.
(f) SAVINGS PROVISION.—Nothing in this section may be construed to authorize the employment in the coastwise trade of a
vessel or platform that does not meet the requirements of sections
12112, 55102, 55103, and 55111 of title 46, United States Code.
(g) AUTHORITY UNAFFECTED.—Nothing in this section shall be
construed to affect, impinge, or alter any authority of the Secretary
of Transportation under titles 49 and 51, United States Code.
(h) BRIEFINGS.—The Secretary or the designee of the Secretary
shall brief the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and
Infrastructure and the Committee on Science, Space, and Technology of the House of Representatives on the program established
under subsection (a) on a quarterly basis.
(i) REPORT.—Not later than 180 days after the expiration of
the pilot program established under subsection (a), the Secretary
shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and
Infrastructure and the Committee on Science, Space, and Technology of the House of Representatives a final report regarding
an assessment of the execution of the pilot program and implications
for maintaining navigation safety, the safety of maritime workers,
and the preservation of the environment.
(j) GAO REPORT.—
(1) IN GENERAL.—Not later than 18 months after the date
of enactment of this section, the Comptroller General of the
United States shall submit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee
on Transportation and Infrastructure of the House of Representatives a report on the state of autonomous and remote
technologies in the operation of shipboard equipment and the
safe and secure navigation of vessels in Federal waters of
the United States.
(2) ELEMENTS.—The report required under paragraph (1)
shall include the following:
(A) An assessment of commercially available autonomous and remote technologies in the operation of shipboard
equipment and the safe and secure navigation of vessels
during the 10 years immediately preceding the date of
the report.
(B) An analysis of the safety, physical security, cybersecurity, and collision avoidance risks and benefits associated
with autonomous and remote technologies in the operation
of shipboard equipment and the safe and secure navigation
of vessels, including environmental considerations.
(C) An assessment of the impact of such autonomous
and remote technologies, and all associated technologies,
on labor, including—
(i) roles for credentialed and noncredentialed
workers regarding such autonomous, remote, and associated technologies; and
(ii) training and workforce development needs
associated with such technologies.
(D) An assessment and evaluation of regulatory
requirements necessary to guide the development of future
autonomous, remote, and associated technologies in the

H. R. 7776—1740
operation of shipboard equipment and safe and secure
navigation of vessels.
(E) An assessment of the extent to which such technologies are being used in other countries and how such
countries have regulated such technologies.
(F) Recommendations regarding authorization, infrastructure, and other requirements necessary for the
implementation of such technologies in the United States.
(3) CONSULTATION.—The report required under paragraph
(1) shall include, at a minimum, consultation with the maritime
industry including—
(A) vessel operators, including commercial carriers,
entities engaged in exploring for, developing, or producing
resources, including non-mineral energy resources in its
offshore areas, and supporting entities in the maritime
industry;
(B) shipboard personnel impacted by any change to
autonomous vessel operations, in order to assess the various benefits and risks associated with the implementation
of autonomous, remote, and associated technologies in the
operation of shipboard equipment and safe and secure
navigation of vessels and the impact such technologies
would have on maritime jobs and maritime manpower;
(C) relevant federally funded research institutions,
non-governmental organizations, and academia; and
(D) the commercial space industry.
(k) MERCHANT MARINER CREDENTIAL DEFINED.—In this section,
the term ‘‘merchant mariner credential’’ means a merchant mariner
license, certificate, or document that the Secretary is authorized
to issue pursuant to title 46, United States Code.
SEC. 11505. HISTORIC WOOD SAILING VESSELS.

(a) REPORT ON HISTORIC WOOD SAILING VESSELS.—
(1) IN GENERAL.—Not later than 1 year after the date
of enactment of this Act, the Comptroller General of the United
States shall submit to the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives a report evaluating the practicability of the application
of section 3306(n)(3)(A)(v) of title 46, United States Code, to
historic wood sailing vessels.
(2) ELEMENTS.—The report required under paragraph (1)
shall include the following:
(A) An assessment of the compliance, as of the date
on which the report is submitted under paragraph (1),
of historic wood sailing vessels with section 3306(n)(3)(A)(v)
of title 46, United States Code.
(B) An assessment of the safety record of historic wood
sailing vessels.
(C) An assessment of any risk that modifying the
requirements under such section would have on the safety
of passengers and crew of historic wood sailing vessels.
(D) An evaluation of the economic practicability of
requiring the compliance of historic wood sailing vessels
with such section and whether such compliance would
meaningfully improve safety of passengers and crew in
a manner that is both feasible and economically practicable.

H. R. 7776—1741
(E) Any recommendations to improve safety in addition
to, or in lieu of, applying such section to historic wood
sailing vessels.
(F) Any other recommendations as the Comptroller
General determines are appropriate with respect to the
applicability of such section to historic wood sailing vessels.
(G) An assessment to determine if historic wood sailing
vessels could be provided an exemption to such section
and the changes to legislative or rulemaking requirements,
including modifications to section 177.500(q) of title 46,
Code of Federal Regulations (as in effect on the date of
enactment of this Act), that are necessary to provide the
Commandant the authority to make such exemption or
to otherwise provide for such exemption.
(b) CONSULTATION.—In completing the report required under
subsection (a), the Comptroller General may consult with—
(1) the National Transportation Safety Board;
(2) the Coast Guard; and
(3) the maritime industry, including relevant federally
funded research institutions, nongovernmental organizations,
and academia.
(c) WAIVER FOR COVERED HISTORIC VESSELS.—The captain of
a port may waive the requirements of section 3306(n)(3)(A)(v) of
title 46, United States Code, with respect to covered historic vessels
for not more than 2 years after the date on which the report
required under subsection (a) is submitted.
(d) WAIVER FOR OTHER HISTORIC WOOD SAILING VESSELS.—
(1) IN GENERAL.—The captain of a port may, upon the
request of the owner or operator of a historic wood sailing
vessel that is not a covered historic vessel, waive the requirements of section 3306(n)(3)(A)(v) of title 46, United States Code,
with respect to the historic wood sailing vessel for not more
than 2 years after date on which the report required under
subsection (a) is submitted, if the captain of the port—
(A) determines that it is technically infeasible for the
historic wood sailing vessel to comply with the requirements described in section 3306(n)(3)(A)(v) of title 46,
United States Code, due to its age; and
(B) approves the alternative arrangements proposed
for the historic wood sailing vessel in accordance with
paragraph (2).
(2) REQUEST AND ALTERNATIVE ARRANGEMENTS.—An owner
or operator of a historic wood sailing vessel requesting a waiver
under paragraph (1) shall submit such a request to the captain
of a port that includes the alternative arrangements the owner
or operator will take to ensure an equivalent level of safety,
to the maximum extent practicable, to the requirements under
section 3306(n)(3)(A)(v) of title 46, United States Code.
(e) SAVINGS CLAUSE.—Nothing in this section shall limit any
authority available, as of the date of enactment of this Act, to
the captain of a port with respect to safety measures or any other
authority as necessary for the safety of historic wood sailing vessels.
(f) NOTICE TO PASSENGERS.—Any vessel that receives a waiver
under subsection (c) or subsection (d) shall, beginning on the date
on which the requirements under section 3306(n)(3)(v) of title 46,
United States Code, take effect, provide a prominently displayed
notice on its website, ticket counter, and each ticket for a passenger

H. R. 7776—1742
that the vessel is exempt from meeting the Coast Guard safety
compliance standards concerning egress as described under such
section.
(g) DEFINITIONS.—In this section:
(1) COVERED HISTORIC VESSELS.—The term ‘‘covered historic
vessels’’ means each of the following:
(A) Adventuress (Official Number 210877).
(B) American Eagle (Official Number 229913).
(C) Angelique (Official Number 623562).
(D) Heritage (Official Number 649561).
(E) J & E Riggin (Official Number 226422).
(F) Ladona (Official Number 222228).
(G) Lady Washington (Official Number 944970).
(H) Lettie G. Howard (Official Number 222838).
(I) Lewis R. French (Official Number 015801).
(J) Mary Day (Official Number 288714).
(K) Stephen Taber (Official Number 115409).
(L) Victory Chimes (Official Number 136784).
(M) Grace Bailey (Official Number 085754).
(N) Mercantile (Official Number 214388).
(O) Mistress (Official Number 509004).
(P) Wendameen (Official Number 210173).
(2) HISTORIC WOOD SAILING VESSEL.—The term ‘‘historic
wood sailing vessel’’ means a covered small passenger vessel,
as defined in section 3306(n)(5) of title 46, United States Code,
that—
(A) has overnight passenger accommodations;
(B) is a wood sailing vessel;
(C) has a hull constructed of wood;
(D) is principally equipped for propulsion by sail, even
if the vessel has an auxiliary means of production;
(E) has no fewer than three masts; and
(F) was constructed before 1986.
SEC. 11506. CERTIFICATES OF NUMBERS FOR UNDOCUMENTED VESSELS.

Section 12304(a) of title 46, United States Code, is amended—
(1) by striking ‘‘shall be pocketsized,’’; and
(2) by inserting ‘‘in hard copy or digital form. Any certificate
issued in hard copy under this section shall be pocketsized.
The certificate shall be’’ after ‘‘and may be’’.
SEC. 11507. COMPTROLLER GENERAL REVIEW AND REPORT ON COAST
GUARD OVERSIGHT OF THIRD-PARTY ORGANIZATIONS.

(a) IN GENERAL.—Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States
shall initiate a review that assesses the oversight of the Coast
Guard of third-party organizations.
(b) ELEMENTS.—In carrying out the review required under subsection (a), the Comptroller General shall analyze the following:
(1) Coast Guard use of third-party organizations in the
prevention mission of the Coast Guard and the extent to which
the Coast Guard plans to increase such use to enhance prevention mission performance, including resource use and specialized expertise.
(2) The extent to which the Coast Guard has assessed
the potential risks and benefits of using third-party organizations to support prevention mission activities.

H. R. 7776—1743
(3) The extent to which the Coast Guard provides oversight
of third-party organizations authorized to support prevention
mission activities.
(c) REPORT.—Not later than 1 year after initiating the review
required under subsection (a), the Comptroller General shall submit
to the Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Transportation and Infrastructure
of the House of Representatives the results of such review.
SEC. 11508. ARTICULATED TUG-BARGE MANNING.

(a) IN GENERAL.—Notwithstanding the watch setting requirements set forth in section 8104 of title 46, United States Code,
the Secretary shall authorize an Officer in Charge, Marine Inspection to issue an amended certificate of inspection that does not
require engine room watch setting to inspected towing vessels certificated prior to July 19, 2022, forming part of an articulated
tug-barge unit, provided that such vessels are equipped with
engineering control and monitoring systems of a type accepted
for no engine room watch setting under a previously approved
minimum safe manning document or certificate of inspection for
articulated tug-barge units.
(b) DEFINITIONS.—In this section:
(1) CERTIFICATE OF INSPECTION.—The term ‘‘certificate of
inspection’’ means a certificate of inspection under subchapter
M of chapter I of title 46, Code of Federal Regulations.
(2) INSPECTED TOWING VESSEL.—The term ‘‘inspected
towing vessel’’ means a vessel issued a certificate of inspection.
SEC. 11509. FISHING VESSEL SAFETY.

(a) IN GENERAL.—Chapter 45 of title 46, United States Code,
is amended—
(1) in section 4502(f)(2) by striking ‘‘certain vessels
described in subsection (b) if requested by the owner or operator; and’’ and inserting the following: ‘‘vessels described in
subsection (b) if—
‘‘(A) requested by an owner or operator; or
‘‘(B) the vessel is—
‘‘(i) at least 50 feet overall in length;
‘‘(ii) built before July 1, 2013; and
‘‘(iii) 25 years of age or older; and’’;
(2) in section 4503(b) by striking ‘‘Except as provided in
section 4503a, subsection (a)’’ and inserting ‘‘Subsection (a)’’;
and
(3) by repealing section 4503a.
(b) ALTERNATIVE SAFETY COMPLIANCE AGREEMENTS.—Nothing
in this section or the amendments made by this section shall
be construed to affect or apply to any alternative compliance and
safety agreement entered into by the Coast Guard that is in effect
on the date of enactment of this Act.
(c) CONFORMING AMENDMENTS.—The analysis for chapter 45
of title 46, United States Code, is amended by striking the item
relating to section 4503a.
SEC. 11510. EXEMPTIONS FOR CERTAIN PASSENGER VESSELS.

Notwithstanding any other provision of law, requirements
authorized under sections 3508 and 3509 of title 46, United States
Code, shall not apply to any passenger vessel, as defined in section
2101 of such title —

H. R. 7776—1744
(1) that carries in excess of 250 passengers;
(2) that is, or was, in operation exclusively within the
inland rivers and internal waters of the United States on
voyages inside the Boundary Line, as defined in section 103
of such title, on or before July 27, 2030; and
(3) the operators or charterers of which operated any documented vessels with a coastwise endorsement prior to January
1, 2024.

Subtitle B—Merchant Mariner
Credentialing
SEC. 11511. MODERNIZING MERCHANT MARINER CREDENTIALING
SYSTEM.

(a) REPORT.—
(1) IN GENERAL.—Not later than 90 days after the date
of enactment of this Act, the Commandant shall submit to
the Committees on Commerce, Science, and Transportation and
Appropriations of the Senate, and the Committees on Transportation and Infrastructure and Appropriations of the House of
Representatives, a report on the financial, human, and information technology infrastructure resources needed to establish
an electronic merchant mariner licensing and documentation
system.
(2) LEGISLATIVE AND REGULATORY SUGGESTIONS.—In preparing the report described in paragraph (1), the Commandant—
(A) shall include recommendations for any legislative
or administrative actions as the Commandant determines
necessary to establish the electronic merchant mariner
licensing and documentation system described in paragraph
(1) as soon as possible; and
(B) may include findings, conclusions, or recommendations from the study conducted under subsection (b).
(b) STUDY.—
(1) IN GENERAL.—In preparing the report required under
subsection (a), the Commandant and the Administrator of the
Maritime Administration, in coordination with the Commander
of the United States Transportation Command, shall conduct
a study on the feasibility of developing and maintaining a
database as part of an electronic merchant mariner licensing
and documentation system that—
(A) contains records with respect to each credentialed
mariner, including credential validity, drug and alcohol
testing results, and information on any final adjudicated
agency action involving a credentialed mariner or regarding
any involvement in a marine casualty; and
(B) maintains such records in a manner that allows
data to be readily accessed by the Federal Government
for the purpose of assessing workforce needs and for the
purpose of the economic and national security of the United
States.
(2) CONTENTS.—The study required under paragraph (1)
shall—
(A) include an assessment of the resources, including
information technology, and authorities necessary to

H. R. 7776—1745
develop and maintain the database described in such paragraph;
(B) specifically address ways to protect the privacy
interests of any individual whose information may be contained within such database, which shall include limiting
access to the database or having access to the database
be monitored by, or accessed through, a member of the
Coast Guard; and
(C) address the feasibility of incorporating in such
database a reporting mechanism to alert the Administrator
of the Maritime Administration each time a mariner’s
credential is reinstated upon completion of a period of
suspension as the result of a suspension and revocation
proceeding under section 7702 of title 46, United States
Code, with details about the violation that led to such
suspension.
(c) ELECTRONIC MERCHANT MARINER LICENSING AND DOCUMENTATION SYSTEM.—Notwithstanding any other provision of law,
not later than 2 years after the date of enactment of this Act,
the Secretary shall implement an electronic merchant mariner
licensing and documentation system.
SEC. 11512. ASSESSMENT REGARDING APPLICATION PROCESS FOR
MERCHANT MARINER CREDENTIALS.

(a) IN GENERAL.—The Secretary shall conduct an assessment
to determine the resources, including personnel and computing
resources, required to reduce the amount of time necessary to
process an application for a merchant mariner credential to not
more than 2 weeks after the date of receipt of such application.
(b) BRIEFING REQUIRED.—Not later than 180 days after the
date of enactment of this Act, the Secretary shall provide a briefing
to the Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Transportation and Infrastructure
of the House of Representatives with the results of the assessment
required under subsection (a).
SEC. 11513. GAO REPORT.

(a) IN GENERAL.—Not later than 180 days after the date of
enactment of this Act, the Comptroller General of the United States
shall prepare and submit a report to Congress that evaluates the
processes of the National Maritime Center for processing and
approving merchant mariner credentials, as of the date of enactment
of this Act.
(b) CONTENTS.—In preparing the report required under subsection (a), the Comptroller General shall—
(1) analyze the effectiveness of the merchant mariner
credentialing process, as of the date of enactment of this Act;
(2) analyze the backlogs relating to the merchant mariner
credentialing process and the reasons for such backlogs; and
(3) provide recommendations for improving and expediting
the merchant mariner credentialing process, including funding
needed to support improved processing times.
SEC. 11514. MILITARY TO MARINERS ACT OF 2022.

(a) SHORT TITLE.—This section may be cited as the ‘‘Military
to Mariners Act of 2022’’.

H. R. 7776—1746
(b) MODIFICATION OF SEA SERVICE REQUIREMENTS FOR MERCHANT MARINER CREDENTIALS FOR VETERANS AND MEMBERS OF
THE UNIFORMED SERVICES.—
(1) REVIEW AND REGULATIONS.—Notwithstanding any other
provision of law, not later than 2 years after the date of enactment of this Act, the Secretary shall—
(A) review and examine—
(i) the timeframes and impediments for veterans
and members of the uniformed services to receive a
merchant mariner credential;
(ii) the classifications of sea service acquired
through training and service as a member of the Uniformed Services and level of equivalence such service
has with respect to sea service on merchant vessels;
and
(iii) the amount of sea service, including percent
of the total time onboard for purposes of equivalent
underway service, that will be accepted as required
experience for all endorsements for applicants for a
merchant mariner credential who are veterans or members of the Uniformed Services; and
(B) issue new regulations to—
(i) streamline, ensure the accuracy of, and expedite
the transfer, review and acceptance of information pertaining to training and sea time for applicants for
a merchant mariner credential who are veterans or
members of the Uniformed Services;
(ii) increase the acceptable percentages of time
equivalent to sea service for such applicants pursuant
to findings of the review and examination conducted
under subparagraph (A); and
(iii) reduce burdens and create a means of alternative compliance to demonstrate instructor competency for Standards of Training, Certification and
Watchkeeping for Seafarers courses.
(2) CONSULTATION.—In carrying out paragraph (2), the Secretary shall consult with the National Merchant Marine Personnel Advisory Committee and shall take into account the
present and future needs of the United States Merchant Marine
labor workforce.
(3) REPORT.—Not later than 180 days after the date of
enactment of this Act, the United States Committee on the
Marine Transportation System shall submit to the Committees
on Commerce, Science, and Transportation and Armed Services
of the Senate and the Committees on Transportation and Infrastructure and Armed Services of the House of Representatives,
a report that contains an update on the activities carried out
to implement—
(A) the July 2020 report by the Committee on the
Marine Transportation System to the White House Office
of Trade and Manufacturing Policy on the implementation
of Executive Order 13860 (84 Fed. Reg. 8407; relating
to supporting the transition of active duty servicemembers
and military veterans into the Merchant Marine); and
(B) section 3511 of the National Defense Authorization
Act for Fiscal Year 2020 (46 U.S.C. 3702 note).

H. R. 7776—1747
(c) ASSESSMENT OF SKILLBRIDGE FOR EMPLOYMENT AS A MERMARINER.—The Secretary, in collaboration with the Secretary of Defense, shall assess the use of the SkillBridge program
of the Department of Defense as a means for transitioning active
duty sea service personnel to employment as merchant mariners.
CHANT

SEC. 11515. DEFINITIONS.

In this subtitle:
(1) CREDENTIALED MARINER.—The term ‘‘credentialed mariner’’ means an individual with a merchant mariner credential.
(2) MERCHANT MARINER CREDENTIAL.—The term ‘‘merchant
mariner credential’’ has the meaning given such term in section
7510(d) of title 46, United States Code.
(3) UNIFORMED SERVICES.—The term ‘‘uniformed services’’
has the meaning given the term ‘‘uniformed services’’ in section
2101 of title 5, United States Code.

Subtitle C—Other Matters
SEC. 11516. NONOPERATING INDIVIDUAL.

Section 8313(b) of the William M. (Mac) Thornberry National
Defense Authorization Act for Fiscal Year 2021 (Public Law 116–
283) is amended by striking ‘‘the date that is 2 years after the
date of the enactment of this Act’’ and inserting ‘‘January 1, 2025’’.
SEC. 11517. OCEANOGRAPHIC RESEARCH VESSELS.

(a) REPORT REQUIRED.—Not later than 180 days after the date
of enactment of this Act, the Secretary of Transportation, in consultation with the Secretary, shall submit to the Committee on
Transportation and Infrastructure of the House of Representatives
and the Committee on Commerce, Science, and Transportation of
the Senate a report detailing the total number of vessels known
or estimated to operate or to have operated under section 50503
of title 46, United States Code, during each of the past 10 fiscal
years.
(b) CONTENTS.—The report required under subsection (a) shall
include the following elements:
(1) The total number of foreign-flagged vessels known or
estimated to operate or to have operated as oceanographic
research vessels (as such term is defined in section 2101 of
title 46, United States Code) during each of the past 10 fiscal
years.
(2) The total number of United States-flagged vessels
known or estimated to operate or to have operated as oceanographic research vessels (as such term is defined section 2101
of title 46, United States Code) during each of the past 10
fiscal years.
SEC. 11518. PORT ACCESS ROUTES BRIEFING.

(a) ATLANTIC COAST PORT ACCESS ROUTE.—Not later than 30
days after the date of enactment of this Act, and not less than
every 30 days thereafter until the requirements of section 70003
of title 46, United States Code, are fully executed with respect
to the Atlantic Coast Port Access Route, the Secretary shall brief
the Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Commerce, Science, and

H. R. 7776—1748
Transportation of the Senate on any progress made to execute
such requirements.
(b) OTHER COAST PORT ACCESS ROUTES.—Not later than 180
days after the date of enactment of this Act, and not less than
every 180 days thereafter until the requirements of section 70003
of title 46, United States Code, are fully executed with respect
to each of the Alaskan Arctic, Gulf of Mexico and Pacific Coast
port access route studies, the Secretary shall brief the Committee
on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation
of the Senate on the status of each study and the implementation
of any recommendations made in each such study.
SEC. 11519. DEFINITION OF STATELESS VESSEL.

Section 70502(d)(1) of title 46, United States Code, is
amended—
(1) in subparagraph (B) by striking ‘‘and’’ after the semicolon;
(2) in subparagraph (C) by striking the period at the end
and inserting ‘‘; and’’; and
(3) by adding at the end the following new subparagraph:
‘‘(D) a vessel aboard which no individual, on request
of an officer of the United States authorized to enforce
applicable provisions of United States law, claims to be
the master or is identified as the individual in charge,
and that has no other claim of nationality or registry
under paragraph (1) or (2) of subsection (e).’’.
SEC. 11520. LIMITATION ON RECOVERY FOR CERTAIN INJURIES
INCURRED IN AQUACULTURE ACTIVITIES.

(a) IN GENERAL.—Section 30104 of title 46, United States Code,
is amended—
(1) by inserting ‘‘(a) IN GENERAL.—’’ before the first sentence; and
(2) by adding at the end the following:
‘‘(b) LIMITATION ON RECOVERY BY AQUACULTURE WORKERS.—
‘‘(1) IN GENERAL.—For purposes of subsection (a), the term
‘seaman’ does not include an individual who—
‘‘(A) is an aquaculture worker if State workers’ compensation is available to such individual; and
‘‘(B) was, at the time of injury, engaged in aquaculture
in a place where such individual had lawful access.
‘‘(2) AQUACULTURE WORKER DEFINED.—In this subsection,
the term ‘aquaculture worker’ means an individual who—
‘‘(A) is employed by a commercial enterprise that is
involved in the controlled cultivation and harvest of aquatic
plants and animals, including—
‘‘(i) the cleaning, processing, or canning of fish
and fish products;
‘‘(ii) the cultivation and harvesting of shellfish;
and
‘‘(iii) the controlled growing and harvesting of other
aquatic species;
‘‘(B) does not hold a license issued under section
7101(c); and
‘‘(C) is not required to hold a merchant mariner credential under part F of subtitle II.’’.

H. R. 7776—1749
(b) APPLICABILITY.—The amendments made by this section shall
apply to an injury incurred on or after the date of enactment
of this Act.
SEC. 11521. REPORT ON SECURING VESSELS AND CARGO.

(a) IN GENERAL.—Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States
shall conduct a study that assesses the efforts of the Coast Guard
with respect to securing vessels and maritime cargo bound for
the United States from national security related risks and threats.
(b) ELEMENTS.—In conducting the study under subsection (a),
the Comptroller General shall assess the following:
(1) Programs of the Coast Guard to secure vessels and
maritime cargo bound for the United States from national
security related risks and threats and the extent to which
such programs cover the critical components of the global
supply chain.
(2) The extent to which the Coast Guard has implemented
leading practices in such programs, including the extent to
which the Coast Guard has collaborated with foreign countries
or foreign ports that ship goods to the United States to implement such leading practices.
(3) The extent to which the Coast Guard has assessed
the effectiveness of such programs.
(c) REPORT.—Upon completion of the study conducted under
subsection (a), the Comptroller General shall submit to the Committee on Commerce, Science, and Transportation of the Senate
and the Committee on Transportation and Infrastructure of the
House of Representatives the results of the study conducted under
this section.
SEC. 11522. REPORT ON ENFORCEMENT OF COASTWISE LAWS.

Not later than 1 year of the date of enactment of this Act,
the Commandant shall submit to Congress a report describing
any changes to the enforcement of chapters 121 and 551 of title
46, United States Code, as a result of the amendments to section
4(a)(1) of the Outer Continental Shelf Lands Act (43 U.S.C.
1333(a)(1)) made by section 9503 of the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year
2021 (Public Law 116–283).
SEC. 11523. LAND CONVEYANCE, SHARPE ARMY DEPOT, LATHROP,
CALIFORNIA.

Not later than 1 year after the date of enactment of this
Act, the Administrator of the Maritime Administration shall complete the land conveyance required under section 2833 of the William M. (Mac) Thornberry National Defense Authorization Act for
Fiscal Year 2021 (Public Law 116–283).
SEC. 11524. PROHIBITION ON ENTRY AND OPERATION.

(a) PROHIBITION.—
(1) IN GENERAL.—Except as otherwise provided in this section, during the period in which Executive Order 14065 (87
Fed. Reg. 10293, relating to blocking certain Russian property
or transactions), or any successor Executive Order is in effect,
no vessel described in subsection (b) may enter or operate
in the navigable waters of the United States or transfer cargo
in any port or place under the jurisdiction of the United States.

H. R. 7776—1750
(2) LIMITATIONS ON APPLICATION.—
(A) IN GENERAL.—The prohibition under paragraph (1)
shall not apply with respect to a vessel described in subsection (b) if the Secretary of State determines that—
(i) the vessel is owned or operated by a Russian
national or operated by the government of the Russian
Federation; and
(ii) it is in the national security interest not to
apply the prohibition to such vessel.
(B) NOTICE.—Not later than 15 days after making a
determination under subparagraph (A), the Secretary of
State shall submit to the Committee on Foreign Affairs
and the Committee on Transportation and Infrastructure
of the House of Representatives and the Committee on
Foreign Relations and the Committee on Commerce,
Science, and Transportation of the Senate written notice
of the determination and the basis upon which the determination was made.
(C) PUBLICATION.—The Secretary of State shall publish
a notice in the Federal Register of each determination
made under subparagraph (A).
(3) SAVINGS CLAUSE.—The prohibition under paragraph (1)
shall not apply with respect to vessels engaged in passage
permitted under international law.
(b) VESSELS DESCRIBED.—A vessel referred to in subsection
(a) is a vessel owned or operated by a Russian national or operated
by the government of the Russian Federation.
(c) INFORMATION AND PUBLICATION.—The Secretary, with the
concurrence of the Secretary of State, shall—
(1) maintain timely information on the registrations of
all foreign vessels owned or operated by or on behalf of the
Government of the Russian Federation, a Russian national,
or a entity organized under the laws of the Russian Federation
or any jurisdiction within the Russian Federation; and
(2) periodically publish in the Federal Register a list of
the vessels described in paragraph (1).
(d) NOTIFICATION OF GOVERNMENTS.—
(1) IN GENERAL.—The Secretary of State shall notify each
government, the agents or instrumentalities of which are
maintaining a registration of a foreign vessel that is included
on a list published under subsection (c)(2), not later than 30
days after such publication, that all vessels registered under
such government’s authority are subject to subsection (a).
(2) ADDITIONAL NOTIFICATION.—In the case of a government
that continues to maintain a registration for a vessel that
is included on such list after receiving an initial notification
under paragraph (1), the Secretary shall issue an additional
notification to such government not later than 120 days after
the publication of a list under subsection (c)(2).
(e) NOTIFICATION OF VESSELS.—Upon receiving a notice of
arrival under section 70001(a)(5) of title 46, United States Code,
from a vessel described in subsection (b), the Secretary shall notify
the master of such vessel that the vessel may not enter or operate
in the navigable waters of the United States or transfer cargo
in any port or place under the jurisdiction of the United States,
unless—

H. R. 7776—1751
(1) the Secretary of State has made a determination under
subsection (a)(2); or
(2) the Secretary allows provisional entry of the vessel,
or transfer of cargo from the vessel, under subsection (f).
(f) PROVISIONAL ENTRY OR CARGO TRANSFER.—Notwithstanding
any other provision of this section, the Secretary may allow provisional entry of, or transfer of cargo from, a vessel, if such entry
or transfer is necessary for the safety of the vessel or persons
aboard.
SEC. 11525. FLOATING DRY DOCKS.

Section 55122(a) of title 46, United States Code, is amended—
(1) in paragraph (1)(C)—
(A) by striking ‘‘2015; and’’ and inserting ‘‘2015; or’’;
(B) by striking ‘‘(C) was’’ and inserting the following:
‘‘(C)(i) was’’; and
(C) by adding at the end the following:
‘‘(ii) had a letter of intent for purchase by such shipyard
or affiliate signed prior to such date of enactment; and’’;
and
(2) in paragraph (2) by inserting ‘‘or, in the case of a
dry dock described in paragraph (1)(C)(ii), occurs between Honolulu, Hawaii, and Pearl Harbor, Hawaii’’ before the period
at the end.
SEC. 11526. UPDATED REQUIREMENTS FOR FISHING CREW AGREEMENTS.

Section 10601(b) of title 46, United States Code, is amended—
(1) in paragraph (2) by striking ‘‘and’’ after the semicolon;
(2) by redesignating paragraph (3) as paragraph (4); and
(3) by inserting after paragraph (2) the following:
‘‘(3) in the case of a seaman employed on a vessel that
is a catcher processor or fish processing vessel that employs
more than 25 crewmembers, include a requirement that each
crewmember shall be served not less than three meals a day
that—
‘‘(A) total not less than 3,100 calories; and
‘‘(B) include adequate water and minerals in accordance with the United States Recommended Daily Allowances; and’’.

TITLE CXVI—SEXUAL ASSAULT AND
SEXUAL HARASSMENT PREVENTION
AND RESPONSE
SEC. 11601. DEFINITIONS.

(a) IN GENERAL.—Section 2101 of title 46, United States Code,
is amended—
(1) by redesignating paragraphs (45) through (54) as paragraphs (47) through (56), respectively; and
(2) by inserting after paragraph (44) the following:
‘‘(45) ‘sexual assault’ means any form of abuse or contact
as defined in chapter 109A of title 18, or a substantially similar
offense under State, local, or Tribal law.
‘‘(46) ‘sexual harassment’ means—

H. R. 7776—1752
‘‘(A) conduct that—
‘‘(i) involves unwelcome sexual advances, requests
for sexual favors, or deliberate or repeated offensive
comments or gestures of a sexual nature if any—
‘‘(I) submission to such conduct is made either
explicitly or implicitly a term or condition of
employment, pay, career, benefits, or entitlements
of the individual;
‘‘(II) submission to, or rejection, of such conduct by an individual is used as a basis for
decisions affecting that individual’s job, pay,
career, benefits, or entitlements;
‘‘(III) such conduct has the purpose or effect
of unreasonably interfering with an individual’s
work performance or creates an intimidating, hostile, or offensive work environment; or
‘‘(IV) conduct may have been by an individual’s
supervisor, a supervisor in another area, a coworker, or another credentialed mariner; and
‘‘(ii) is so severe or pervasive that a reasonable
person would perceive, and the victim does perceive,
the environment as hostile or offensive;
‘‘(B) any use or condonation associated with first-hand
or personal knowledge, by any individual in a supervisory
or command position, of any form of sexual behavior to
control, influence, or affect the career, pay, benefits, entitlements, or employment of a subordinate; and
‘‘(C) any intentional or repeated unwelcome verbal comment or gesture of a sexual nature towards or about an
individual by the individual’s supervisor, a supervisor in
another area, a coworker, or another credentialed mariner.’’.
(b) REPORT.—The Commandant shall submit to the Committee
on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation
of the Senate a report describing any changes the Commandant
may propose to the definitions added by the amendments in subsection (a).
(c) CONFORMING AMENDMENTS.—
(1) AUTHORITY TO EXEMPT CERTAIN VESSELS.—Section
2113(3) of title 46, United States Code, is amended by striking
‘‘section 2101(51)(A)’’ and inserting ‘‘section 2101(53)(A)’’.
(2) UNINSPECTED PASSENGER VESSELS.—Section 4105 of title
46, United States Code, is amended—
(A) in subsections (b)(1) and (c) by striking ‘‘section
2101(51)’’ each place it appears and inserting ‘‘section
2101’’; and
(B) in subsection (d) by striking ‘‘section 2101(51)(A)’’
and inserting ‘‘section 2101(53)(A)’’.
(3) GENERAL AUTHORITY.—Section 1131(a)(1)(E) of title 49,
United States Code, is amended by striking ‘‘section 2101(46)’’
and inserting ‘‘section 116’’.
SEC. 11602. CONVICTED SEX OFFENDER AS GROUNDS FOR DENIAL.

(a) IN GENERAL.—Chapter 75 of title 46, United States Code,
is amended by adding at the end the following:

H. R. 7776—1753
‘‘§ 7511. Convicted sex offender as grounds for denial
‘‘(a) SEXUAL ABUSE.—A license, certificate of registry, or merchant mariner’s document authorized to be issued under this part
shall be denied to an individual who has been convicted of a
sexual offense prohibited under—
‘‘(1) chapter 109A of title 18, except for subsection (b)
of section 2244 of title 18; or
‘‘(2) a substantially similar offense under State, local, or
Tribal law.
‘‘(b) ABUSIVE SEXUAL CONTACT.—A license, certificate of registry, or merchant mariner’s document authorized to be issued
under this part may be denied to an individual who within 5
years before applying for the license, certificate, or document, has
been convicted of a sexual offense prohibited under subsection (b)
of section 2244 of title 18, or a substantially similar offense under
State, local, or Tribal law.’’.
(b) CLERICAL AMENDMENT.—The analysis for chapter 75 of title
46, United States Code, is amended by adding at the end the
following:
‘‘7511. Convicted sex offender as grounds for denial.’’.
SEC. 11603. SEXUAL HARASSMENT OR SEXUAL ASSAULT AS GROUNDS
FOR SUSPENSION OR REVOCATION.

(a) IN GENERAL.—Chapter 77 of title 46, United States Code,
is amended by inserting after section 7704 the following:
‘‘§ 7704a. Sexual harassment or sexual assault as grounds
for suspension or revocation
‘‘(a) SEXUAL HARASSMENT.—If it is shown at a hearing under
this chapter that a holder of a license, certificate of registry, or
merchant mariner’s document issued under this part, within 5
years before the beginning of the suspension and revocation proceedings, is the subject of an official finding of sexual harassment,
then the license, certificate of registry, or merchant mariner’s document may be suspended or revoked.
‘‘(b) SEXUAL ASSAULT.—If it is shown at a hearing under this
chapter that a holder of a license, certificate of registry, or merchant
mariner’s document issued under this part, within 10 years before
the beginning of the suspension and revocation proceedings, is
the subject of an official finding of sexual assault, then the license,
certificate of registry, or merchant mariner’s document shall be
revoked.
‘‘(c) OFFICIAL FINDING.—
‘‘(1) IN GENERAL.—In this section, the term ‘official finding’
means—
‘‘(A) a legal proceeding or agency finding or decision
that determines the individual committed sexual harassment or sexual assault in violation of any Federal, State,
local, or Tribal law or regulation; or
‘‘(B) a determination after an investigation by the Coast
Guard that, by a preponderance of the evidence, the individual committed sexual harassment or sexual assault if
the investigation affords appropriate due process rights
to the subject of the investigation.
‘‘(2) ADMINISTRATIVE LAW JUDGE REVIEW.—
‘‘(A) COAST GUARD INVESTIGATION.—A determination
under paragraph (1)(B) shall be reviewed and affirmed

H. R. 7776—1754
by an administrative law judge within the same proceeding
as any suspension or revocation of a license, certificate
of registry, or merchant mariner’s document under subsection (a) or (b).
‘‘(B) LEGAL PROCEEDING.—A determination under paragraph (1)(A) that an individual committed sexual harassment or sexual assault is conclusive in suspension and
revocation proceedings.’’.
(b) CLERICAL AMENDMENT.—The analysis for chapter 77 of title
46, United States Code, is amended by inserting after the item
relating to section 7704 the following:
‘‘7704a. Sexual harassment or sexual assault as grounds for suspension or revocation.’’.
SEC. 11604. ACCOMMODATION; NOTICES.

Section 11101 of title 46, United States Code, is amended—
(1) in subsection (a)(3) by striking ‘‘and’’ at the end;
(2) in subsection (a)(4) by striking the period at the end
and inserting ‘‘; and’’;
(3) in subsection (a) by adding at the end the following:
‘‘(5) each crew berthing area shall be equipped with
information regarding—
‘‘(A) vessel owner or company policies prohibiting
sexual assault and sexual harassment, retaliation, and
drug and alcohol usage; and
‘‘(B) procedures and resources to report crimes,
including sexual assault and sexual harassment, including
information—
‘‘(i) on the telephone number, website address, and
email address for reporting allegations of sexual
assault and sexual harassment to the Coast Guard;
‘‘(ii) on vessel owner or company procedures to
report violations of company policy and access
resources;
‘‘(iii) on resources provided by outside organizations such as sexual assault hotlines and counseling;
‘‘(iv) on the retention period for surveillance video
recording after an incident of sexual harassment or
sexual assault is reported; and
‘‘(v) additional items specified in regulations issued
by, and at the discretion of, the Secretary of the department in which the Coast Guard is operating.’’; and
(4) in subsection (d) by adding at the end the following:
‘‘In each washing space in a visible location there shall be
information regarding procedures and resources to report
crimes upon the vessel, including sexual assault and sexual
harassment, and vessel owner or company policies prohibiting
sexual assault and sexual harassment, retaliation, and drug
and alcohol usage.’’.
SEC. 11605. PROTECTION AGAINST DISCRIMINATION.

Section 2114(a) of title 46, United States Code, is amended—
(1) in paragraph (1)—
(A) by redesignating subparagraphs (B) through (G)
as subparagraphs (C) through (H), respectively; and
(B) by inserting after subparagraph (A) the following:
‘‘(B) the seaman in good faith has reported or is about
to report to the vessel owner, Coast Guard or other appropriate

H. R. 7776—1755
Federal agency or department sexual harassment or sexual
assault against the seaman or knowledge of sexual harassment
or sexual assault against another seaman;’’; and
(2) in paragraphs (2) and (3) by striking ‘‘paragraph (1)(B)’’
and inserting ‘‘paragraph (1)(C)’’.
SEC. 11606. ALCOHOL AT SEA.

(a) IN GENERAL.—The Commandant shall seek to enter into
an agreement with the National Academy of Sciences not later
than 1 year after the date of enactment of this Act under which
the National Academy of Sciences shall prepare an assessment
to determine safe levels of alcohol consumption and possession
by crew members aboard vessels of the United States engaged
in commercial service, except when such possession is associated
with the commercial sale to individuals aboard the vessel who
are not crew members.
(b) ASSESSMENT.—The assessment prepared pursuant to subsection (a) shall—
(1) take into account the safety and security of every individual on the vessel;
(2) take into account reported incidences of sexual harassment or sexual assault, as defined in section 2101 of title
46, United States Code; and
(3) provide any appropriate recommendations for any
changes to laws, regulations, or employer policies.
(c) SUBMISSION.—Upon completion of the assessment under
this section, the National Academy of Sciences shall submit to
the Committee on Commerce, Science, and Transportation of the
Senate, the Committee on Transportation and Infrastructure of
the House of Representatives, the Commandant, and the Secretary
the assessment prepared pursuant to subsection (a).
(d) REGULATIONS.—The Commandant—
(1) shall, not later than 180 days after receiving the submission of the assessment under subsection (c), review the changes
to regulations recommended in such assessment; and
(2) taking into account the safety and security of every
individual on vessels of the United States engaged in commercial service, may issue regulations relating to alcohol consumption on such vessels.
(e) SAVINGS CLAUSE.—To the extent the Commandant issues
regulations establishing safe levels of alcohol consumption in accordance with subsection (d), the Commandant may not issue regulations which prohibit—
(1) the owner or operator of a vessel from imposing additional restrictions on the consumption of alcohol, including the
prohibition of the consumption of alcohol on such vessels; and
(2) possession of alcohol associated with the commercial
sale to individuals aboard the vessel who are not crew members.
(f) REPORT REQUIRED.—If, by the date that is 2 years after
the receipt of the assessment under subsection (c), the Commandant
does not issue regulations under subsection (d), the Commandant
shall provide a report by such date to the committees described
in subsection (c)—
(1) containing the rationale for not issuing such regulations;
and
(2) providing other recommendations as necessary to ensure
safety at sea.

H. R. 7776—1756
SEC. 11607. SURVEILLANCE REQUIREMENTS.

(a) IN GENERAL.—Part B of subtitle II of title 46, United States
Code, is amended by adding at the end the following:
‘‘CHAPTER 49—OCEANGOING NON-PASSENGER
COMMERCIAL VESSELS
‘‘Sec.
‘‘4901. Surveillance requirements.

‘‘§ 4901. Surveillance requirements
‘‘(a) IN GENERAL.—A vessel engaged in commercial service that
does not carry passengers, shall maintain a video surveillance
system.
‘‘(b) APPLICABILITY.—The requirements in this section shall
apply to—
‘‘(1) documented vessels with overnight accommodations
for at least 10 individuals on board that are—
‘‘(A) on a voyage of at least 600 miles and crosses
seaward of the Boundary Line; or
‘‘(B) at least 24 meters (79 feet) in overall length and
required to have a load line under chapter 51;
‘‘(2) documented vessels of at least 500 gross tons as measured under section 14502, or an alternate tonnage measured
under section 14302 as prescribed by the Secretary under section 14104 on an international voyage; and
‘‘(3) vessels with overnight accommodations for at least
10 individuals on board that are operating for no less than
72 hours on waters superjacent to the outer Continental Shelf
(as defined in section 2(a) of the Outer Continental Shelf Lands
Act (43 U.S.C. 1331(a)).
‘‘(c) PLACEMENT OF VIDEO AND AUDIO SURVEILLANCE EQUIPMENT.—
‘‘(1) IN GENERAL.—The owner of a vessel to which this
section applies shall install video and audio surveillance equipment aboard the vessel not later than 2 years after enactment
of the Don Young Coast Guard Authorization Act of 2022,
or during the next scheduled drydock, whichever is later.
‘‘(2) LOCATIONS.—Video and audio surveillance equipment
shall be placed in passageways on to which doors from staterooms open. Such equipment shall be placed in a manner
ensuring the visibility of every door in each such passageway.
‘‘(d) NOTICE OF VIDEO AND AUDIO SURVEILLANCE.—The owner
of a vessel to which this section applies shall provide clear and
conspicuous signs on board the vessel notifying the crew of the
presence of video and audio surveillance equipment.
‘‘(e) ACCESS TO VIDEO AND AUDIO RECORDS.—The owner of
a vessel to which this section applies shall ensure that access
to records of video and audio surveillance is not used as part
of a labor action against a crew member or employment dispute
unless used in a criminal or civil action.
‘‘(f) RETENTION REQUIREMENTS.—The owner of a vessel to which
this section applies shall retain all records of audio and video
surveillance for not less than 1 year after the footage is obtained.
Any video and audio surveillance found to be associated with an
alleged incident should be preserved for not less than 5 years
from the date of the alleged incident.

H. R. 7776—1757
‘‘(g) PERSONNEL TRAINING.—A vessel owner or employer of a
seafarer shall provide training for all individuals employed by the
owner or employer for the purpose of responding to incidents of
sexual assault or sexual harassment, including—
‘‘(1) such training to ensure the individuals—
‘‘(A) retain audio and visual records and other evidence
objectively; and
‘‘(B) act impartially without influence from the company or others; and
‘‘(2) training on applicable Federal, State, Tribal, and local
laws and regulations regarding sexual assault and sexual
harassment investigations and reporting requirements.
‘‘(g) DEFINITION OF OWNER.—In this section, the term ‘owner’
means the owner, charterer, managing operator, master, or other
individual in charge of a vessel.
‘‘(h) EXEMPTION.—Fishing vessels, fish processing vessels, and
fish tender vessels are exempt from this section.’’.
(b) CLERICAL AMENDMENT.—The table of chapters for subtitle
II of title 46, United States Code, is amended by adding after
the item related to chapter 47 the following:
‘‘49. Oceangoing Non-Passenger Commercial Vessels .............................. 4901’’.
SEC. 11608. MASTER KEY CONTROL.

(a) IN GENERAL.—Chapter 31 of title 46, United States Code,
is amended by adding at the end the following:
‘‘§ 3106. Master key control system
‘‘(a) IN GENERAL.—The owner of a vessel subject to inspection
under section 3301 shall—
‘‘(1) ensure that such vessel is equipped with a vessel
master key control system, manual or electronic, which provides
controlled access to all copies of the vessel’s master key of
which access shall only be available to the individuals described
in paragraph (2);
‘‘(2) establish a list of all crew, identified by position,
allowed to access and use the master key and maintain such
list upon the vessel, within owner records and included in
the vessel safety management system;
‘‘(3) record in a log book information on all access and
use of the vessel’s master key, including—
‘‘(A) dates and times of access;
‘‘(B) the room or location accessed; and
‘‘(C) the name and rank of the crew member that
used the master key; and
‘‘(4) make the list under paragraph (2) and the log book
under paragraph (3) available upon request to any agent of
the Federal Bureau of Investigation, any member of the Coast
Guard, and any law enforcement officer performing official
duties in the course and scope of an investigation.
‘‘(b) PROHIBITED USE.—Crew not included on the list described
in subsection (a)(2) shall not have access to or use the master
key unless in an emergency and shall immediately notify the master
and owner of the vessel following use of such key.
‘‘(c) REQUIREMENTS FOR LOG BOOK.—The log book described
in subsection (a)(3) and required to be included in a safety management system under section 3203(a)(6)—
‘‘(1) may be electronic; and

H. R. 7776—1758
‘‘(2) shall be located in a centralized location that is readily
accessible to law enforcement personnel.
‘‘(d) PENALTY.—Any crew member who uses the master key
without having been granted access pursuant to subsection (a)(2)
shall be liable to the United States Government for a civil penalty
of not more than $1,000 and may be subject to suspension or
revocation under section 7703.
‘‘(e) EXEMPTION.—This section shall not apply to vessels subject
to section 3507(f).’’.
(b) CLERICAL AMENDMENT.—The analysis for chapter 31 of title
46, United States Code, is amended by adding at the end the
following:
‘‘3106. Master key control system.’’.
SEC. 11609. REQUIREMENT TO REPORT SEXUAL ASSAULT AND HARASSMENT.

Section 10104 of title 46, United States Code, is amended
by striking subsections (a) and (b) and inserting the following:
‘‘(a) MANDATORY REPORTING BY RESPONSIBLE ENTITY OF A
VESSEL.—
‘‘(1) IN GENERAL.—The responsible entity of a vessel shall
report to the Commandant any complaint or incident of harassment, sexual harassment, or sexual assault in violation of
employer policy or law, of which such entity is made aware.
‘‘(2) PENALTY.—A responsible entity of a vessel who knowingly fails to report in compliance with paragraph (1) is liable
to the United States Government for a civil penalty of not
more than $50,000.
‘‘(b) REPORTING PROCEDURES.—
‘‘(1) RESPONSIBLE ENTITY OF A VESSEL REPORTING.—A report
required under subsection (a) shall be made immediately after
the responsible entity of a vessel gains knowledge of a sexual
assault or sexual harassment incident by the fastest telecommunication channel available to—
‘‘(A) a single entity in the Coast Guard designated
by the Commandant to receive such reports; and
‘‘(B) the appropriate officer or agency of the government
of the country in whose waters the incident occurs.
‘‘(2) CONTENTS.—Such shall include, to the best of the
knowledge of the individual making the report—
‘‘(A) the name, official position or role in relation to
the vessel, and contact information of such individual;
‘‘(B) the name and official number of the documented
vessel;
‘‘(C) the time and date of the incident;
‘‘(D) the geographic position or location of the vessel
when the incident occurred; and
‘‘(E) a brief description of the alleged sexual harassment or sexual assault being reported.
‘‘(3) RECEIVING REPORTS; COLLECTION OF INFORMATION.—
‘‘(A) RECEIVING REPORTS.—With respect to reports submitted under subsection (a), the Commandant—
‘‘(i) may establish additional reporting procedures,
including procedures for receiving reports through—
‘‘(I) a single telephone number that is continuously manned at all times; and

H. R. 7776—1759
‘‘(II) a single email address that is continuously monitored; and
‘‘(ii) shall use procedures that include preserving
evidence in such reports and providing emergency
service referrals.
‘‘(B) COLLECTION OF INFORMATION.—After receipt of the
report made under subsection (a), the Coast Guard shall
collect information related to the identity of each alleged
victim, alleged perpetrator, and any witnesses identified
in the report through means designed to protect, to the
extent practicable, the personal identifiable information of
such individuals.
‘‘(c) SUBPOENA AUTHORITY.—
‘‘(1) IN GENERAL.—The Commandant may compel the testimony of witnesses and the production of any evidence by subpoena to determine compliance with this section.
‘‘(2) JURISDICTIONAL LIMITS.—The jurisdictional limits of
a subpoena issued under this section are the same as, and
are enforceable in the same manner as, subpoenas issued under
chapter 63 of this title.
‘‘(d) COMPANY AFTER-ACTION SUMMARY.—
‘‘(1) A responsible entity of a vessel that makes a report
under subsection (a) shall—
‘‘(A) submit to the Commandant a document with
detailed information to describe the actions taken by such
entity after becoming aware of the sexual assault or sexual
harassment incident, including the results of any investigation into the complaint or incident and any action taken
against the offending individual; and
‘‘(B) make such submission not later than 10 days
after such entity made the report under subsection (a).
‘‘(2) CIVIL PENALTY.—A responsible entity of a vessel that
fails to comply with paragraph (1) is liable to the United
States Government for a civil penalty of $25,000 and $500
shall be added for each day of noncompliance, except that
the total amount of a penalty with respect to a complaint
or incident shall not exceed $50,000 per violation.
‘‘(e) INVESTIGATORY AUDIT.—The Commandant shall periodically perform an audit or other systematic review of the submissions
made under this section to determine if there were any failures
to comply with the requirements of this section.
‘‘(f) APPLICABILITY; REGULATIONS.—
‘‘(1) REGULATIONS.— The Secretary may issue regulations
to implement the requirements of this section.
‘‘(2) INTERIM REPORTS.—Any report required to be made
to the Commandant under this section shall be made to the
Coast Guard National Command Center, until regulations
implementing the procedures required by this section are
issued.
‘‘(g) DEFINITION OF RESPONSIBLE ENTITY OF A VESSEL.—In this
section, the term ‘responsible entity of a vessel’ means—
‘‘(1) the owner, master, or managing operator of a documented vessel engaged in commercial service; or
‘‘(2) the employer of a seafarer on such a vessel.’’.

H. R. 7776—1760
SEC. 11610. SAFETY MANAGEMENT SYSTEM.

(a) SAFETY MANAGEMENT SYSTEM.—Section 3203 of title 46,
United States Code, is amended—
(1) in subsection (a)—
(A) by redesignating paragraphs (5) and (6) as paragraphs (7) and (8); and
(B) by inserting after paragraph (4) the following:
‘‘(5) with respect to sexual harassment and sexual assault,
procedures for, and annual training requirements for all responsible persons and vessels to which this chapter applies on—
‘‘(A) prevention;
‘‘(B) bystander intervention;
‘‘(C) reporting;
‘‘(D) response; and
‘‘(E) investigation;
‘‘(6) the list required under section 3106(a)(2) and the log
book required under section 3106(a)(3);’’;
(2) by redesignating subsections (b) and (c) as subsections
(d) and (e), respectively; and
(3) by inserting after subsection (a) the following:
‘‘(b) PROCEDURES AND TRAINING REQUIREMENTS.—In prescribing
regulations for the procedures and training requirements described
in subsection (a)(5), such procedures and requirements shall be
consistent with the requirements to report sexual harassment or
sexual assault under section 10104.
‘‘(c) AUDITS.—
‘‘(1) CERTIFICATES.—
‘‘(A) SUSPENSION.—During an audit of a safety management system of a vessel required under section 10104(e),
the Secretary may suspend the Safety Management Certificate issued for the vessel under section 3205 and issue
a separate Safety Management Certificate for the vessel
to be in effect for a 3-month period beginning on the date
of the issuance of such separate certificate.
‘‘(B) REVOCATION.—At the conclusion of an audit of
a safety management system required under section
10104(e), the Secretary shall revoke the Safety Management Certificate issued for the vessel under section 3205
if the Secretary determines—
‘‘(i) that the holder of the Safety Management Certificate knowingly, or repeatedly, failed to comply with
section 10104; or
‘‘(ii) other failure of the safety management system
resulted in the failure to comply with such section.
‘‘(2) DOCUMENTS OF COMPLIANCE.—
‘‘(A) IN GENERAL.—Following an audit of the safety
management system of a vessel required under section
10104(e), the Secretary may audit the safety management
system of the responsible person for the vessel.
‘‘(B) SUSPENSION.—During an audit under subparagraph (A), the Secretary may suspend the Document of
Compliance issued to the responsible person under section
3205 and issue a separate Document of Compliance to
such person to be in effect for a 3-month period beginning
on the date of the issuance of such separate document.

H. R. 7776—1761
‘‘(C) REVOCATION.—At the conclusion of an assessment
or an audit of a safety management system under subparagraph (A), the Secretary shall revoke the Document of
Compliance issued to the responsible person if the Secretary determines—
‘‘(i) that the holder of the Document of Compliance
knowingly, or repeatedly, failed to comply with section
10104; or
‘‘(ii) that other failure of the safety management
system resulted in the failure to comply with such
section.’’.
(b) VERIFICATION OF COMPLIANCE.—Section 3205(c)(1) of title
46, United States Code, is amended by inserting ‘‘, or upon discovery
from other sources of information acquired by the Coast Guard,
including a discovery made during an audit or systematic review
conducted under section 10104(e) of a failure of a responsible person
or vessel to comply with a requirement of a safety management
system for which a Safety Management Certificate and a Document
of compliance has been issued under this section, including a failure
to comply with regulations prescribed under section 3203(a)(7) and
(8),’’ after ‘‘periodically’’.
SEC. 11611. REPORTS TO CONGRESS.

(a) IN GENERAL.—Chapter 101 of title 46, United States Code,
is amended by adding at the end the following:
‘‘§ 10105. Reports to Congress
‘‘(a) IN GENERAL.—Not later than 1 year after the date of
enactment of the Don Young Coast Guard Authorization Act of
2022, and on an annual basis thereafter, the Commandant shall
submit to the Committee on Commerce, Science, and Transportation
of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that includes—
‘‘(1) the number of reports received under section 10104;
‘‘(2) the number of penalties issued under such section;
‘‘(3) the number of open investigations under such section,
completed investigations under such section, and the outcomes
of such open or completed investigations;
‘‘(4) the number of assessments or audits conducted under
section 3203 and the outcome of those assessments or audits;
‘‘(5) a statistical analysis of compliance with the safety
management system criteria under section 3203;
‘‘(6) the number of credentials denied or revoked due to
sexual harassment, sexual assault, or related offenses; and
‘‘(7) recommendations to support efforts of the Coast Guard
to improve investigations and oversight of sexual harassment
and sexual assault in the maritime sector, including funding
requirements and legislative change proposals necessary to
ensure compliance with title CXVI of the Don Young Coast
Guard Authorization Act of 2022 and the amendments made
by such title.
‘‘(b) PRIVACY.—In collecting the information required under subsection (a), the Commandant shall collect such information in a
manner that protects the privacy rights of individuals who are
subjects of such information.’’.

H. R. 7776—1762
(b) CLERICAL AMENDMENT.—The analysis for chapter 101 of
title 46, United States Code, is amended by adding at the end
the following:
‘‘10105. Reports to Congress.’’.

TITLE CXVII—NATIONAL OCEANIC AND
ATMOSPHERIC ADMINISTRATION
Subtitle A—National Oceanic and Atmospheric Administration Commissioned Officer Corps
SEC. 11701. DEFINITIONS.

Section 212(b) of the National Oceanic and Atmospheric
Administration Commissioned Officer Corps Act of 2002 (33 U.S.C.
3002(b)) is amended by adding at the end the following:
‘‘(8) UNDER SECRETARY.—The term ‘Under Secretary’ means
the Under Secretary of Commerce for Oceans and Atmosphere.’’.
SEC. 11702. REQUIREMENT FOR APPOINTMENTS.

Section 221(c) of the National Oceanic and Atmospheric
Administration Commissioned Officer Corps Act of 2002 (33 U.S.C.
3021(c)) is amended by striking ‘‘may not be given’’ and inserting
the following: ‘‘may—
‘‘(1) be given only to an individual who is a citizen of
the United States; and
‘‘(2) not be given.’’.
SEC. 11703. REPEAL OF REQUIREMENT TO PROMOTE ENSIGNS AFTER
3 YEARS OF SERVICE.

(a) IN GENERAL.—Section 223 of the National Oceanic and
Atmospheric Administration Commissioned Officer Corps Act of
2002 (33 U.S.C. 3023) is amended to read as follows:
‘‘SEC. 223. SEPARATION OF ENSIGNS FOUND NOT FULLY QUALIFIED.

‘‘If an officer in the permanent grade of ensign is at any
time found not fully qualified, the officer’s commission shall be
revoked and the officer shall be separated from the commissioned
service.’’.
(b) CLERICAL AMENDMENT.—The table of contents in section
1 of the Act entitled ‘‘An Act to reauthorize the Hydrographic
Services Improvement Act of 1998, and for other purposes’’ (Public
Law 107–372) is amended by striking the item relating to section
223 and inserting the following:
‘‘Sec. 223. Separation of ensigns found not fully qualified.’’.
SEC. 11704. AUTHORITY TO PROVIDE AWARDS AND DECORATIONS.

(a) IN GENERAL.—Subtitle A of the National Oceanic and
Atmospheric Administration Commissioned Officer Corps Act of
2002 (33 U.S.C. 3001 et seq.) is amended by adding at the end
the following:
‘‘SEC. 220. AWARDS AND DECORATIONS.

‘‘The Under Secretary may provide ribbons, medals, badges,
trophies, and similar devices to members of the commissioned officer

H. R. 7776—1763
corps of the Administration and to members of other uniformed
services for service and achievement in support of the missions
of the Administration.’’.
(b) CLERICAL AMENDMENT.—The table of contents in section
1 of the Act entitled ‘‘An Act to reauthorize the Hydrographic
Services Improvement Act of 1998, and for other purposes’’ (Public
Law 107–372) is amended by inserting after the item relating
to section 219 the following:
‘‘Sec. 220. Awards and decorations.’’.
SEC. 11705. RETIREMENT AND SEPARATION.

(a) INVOLUNTARY RETIREMENT OR SEPARATION.—Section
241(a)(1) of the National Oceanic and Atmospheric Administration
Commissioned Officer Corps Act of 2002 (33 U.S.C. 3041(a)(1))
is amended to read as follows:
‘‘(1) an officer in the permanent grade of captain or commander may—
‘‘(A) except as provided by subparagraph (B), be transferred to the retired list; or
‘‘(B) if the officer is not qualified for retirement, be
separated from service; and’’.
(b) RETIREMENT FOR AGE.—Section 243(a) of that Act (33 U.S.C.
3043(a)) is amended by striking ‘‘be retired’’ and inserting ‘‘be
retired or separated (as specified in section 1251(e) of title 10,
United States Code)’’.
(c) RETIREMENT OR SEPARATION BASED ON YEARS OF CREDITABLE SERVICE.—Section 261(a) of that Act (33 U.S.C. 3071(a))
is amended—
(1) by redesignating paragraphs (17) through (26) as paragraphs (18) through (27), respectively; and
(2) by inserting after paragraph (16) the following:
‘‘(17) Section 1251(e), relating to retirement or separation
based on years of creditable service.’’.
SEC. 11706. IMPROVING PROFESSIONAL MARINER STAFFING.

(a) IN GENERAL.—Subtitle E of the National Oceanic and
Atmospheric Administration Commissioned Officer Corps Act of
2002 (33 U.S.C. 3071 et seq.) is amended by adding at the end
the following:
‘‘SEC. 269B. SHORE LEAVE FOR PROFESSIONAL MARINERS.

‘‘(a) IN GENERAL.—The Under Secretary may prescribe regulations relating to shore leave for professional mariners without
regard to the requirements of section 6305 of title 5, United States
Code.
‘‘(b) REQUIREMENTS.—The regulations prescribed under subsection (a) shall—
‘‘(1) require that a professional mariner serving aboard
an ocean-going vessel be granted a leave of absence of 4 days
per pay period; and
‘‘(2) provide that a professional mariner serving in a temporary promotion position aboard a vessel may be paid the
difference between such mariner’s temporary and permanent
rates of pay for leave accrued while serving in the temporary
promotion position.
‘‘(c) PROFESSIONAL MARINER DEFINED.—In this section, the term
‘professional mariner’ means an individual employed on a vessel
of the Administration who has the necessary expertise to serve

H. R. 7776—1764
in the engineering, deck, steward, electronic technician, or survey
department.’’.
(b) CLERICAL AMENDMENT.—The table of contents in section
1 of the Act entitled ‘‘An Act to reauthorize the Hydrographic
Services Improvement Act of 1998, and for other purposes’’ (Public
Law 107–372) is amended by inserting after the item relating
to section 269A the following:
‘‘Sec. 269B. Shore leave for professional mariners.’’.
SEC. 11707. LEGAL ASSISTANCE.

Section 1044(a)(3) of title 10, United States Code, is amended
by inserting ‘‘or the commissioned officer corps of the National
Oceanic and Atmospheric Administration’’ after ‘‘Public Health
Service’’.
SEC.

11708.

ACQUISITION OF AIRCRAFT FOR AGENCY AIR,
ATMOSPHERE, AND WEATHER RECONNAISSANCE AND
RESEARCH MISSION.

(a) INCREASED FLEET CAPACITY.—
(1) IN GENERAL.—The Under Secretary of Commerce for
Oceans and Atmosphere shall acquire adequate aircraft platforms with the necessary observation and modification requirements—
(A) to meet agency-wide air reconnaissance and
research mission requirements, particularly with respect
to hurricanes and tropical cyclones, and also for
atmospheric chemistry, climate, air quality for public
health, full-season fire weather research and operations,
full-season atmospheric river air reconnaissance observations, and other mission areas; and
(B) to ensure data and information collected by the
aircraft are made available to all users for research and
operations purposes.
(2) CONTRACTS.—In carrying out paragraph (1), the Under
Secretary shall negotiate and enter into 1 or more contracts
or other agreements, to the extent practicable and necessary,
with 1 or more governmental or nongovernmental entities.
(b) ACQUISITION OF AIRCRAFT TO REPLACE WP–3D AIRCRAFT.—
Subject to the availability of appropriations, the Under Secretary
may enter into a contract for the acquisition of up to 6 aircraft
to replace the WP–3D aircraft that provides for—
(1) the first newly acquired aircraft to be fully operational
before the retirement of the last WP–3D aircraft operated by
the National Oceanic and Atmospheric Administration; and
(2) the second newly acquired aircraft to be fully operational not later than 1 year after the first such aircraft is
required to be fully operational under subparagraph (A).
(c) ACQUISITION OF AIRCRAFT TO REPLACE END OF LIFE-CYCLE
AIRCRAFT.—Subject to the availability of appropriations, the Under
Secretary shall maintain the ability of the National Oceanic and
Atmospheric Administration to meet agency air reconnaissance and
research mission requirements by acquiring new aircraft prior to
the end of the service life of the aircraft being replaced with sufficient lead time that the replacement aircraft is fully operation
prior to the retirement of the aircraft it is replacing.

H. R. 7776—1765
(d) AUTHORIZATION OF APPROPRIATIONS.—For fiscal year 2023,
there is authorized to be appropriated to the Under Secretary
$800,000,000 for the acquisition of aircraft under this section.
SEC. 11709. REPORT ON PROFESSIONAL MARINER STAFFING MODELS.

(a) IN GENERAL.—Not later than 18 months after the date
of the enactment of this Act, the Comptroller General of the United
States shall submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Transportation
and Infrastructure and the Committee on Natural Resources of
the House of Representatives a report on staffing issues relating
to professional mariners within the Office of Marine and Aviation
Operations of the National Oceanic and Atmospheric Administration.
(b) ELEMENTS.—In conducting the report required under subsection (a), the Comptroller General shall consider—
(1) the challenges the Office of Marine and Aviation Operations faces in recruiting and retaining qualified professional
mariners;
(2) workforce planning efforts to address such challenges;
and
(3) other models or approaches that exist, or are under
consideration, to provide incentives for the retention of qualified
professional mariners.
(c) PROFESSIONAL MARINER DEFINED.—In this section, the term
‘‘professional mariner’’ means an individual employed on a vessel
of the National Oceanic and Atmospheric Administration who has
the necessary expertise to serve in the engineering, deck, steward,
or survey department.

Subtitle B—Other Matters
SEC. 11710. CONVEYANCE OF CERTAIN PROPERTY OF NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION IN JUNEAU,
ALASKA.

(a) DEFINITIONS.—In this section:
(1) CITY.—The term ‘‘City’’ means the City and Borough
of Juneau, Alaska.
(2) MASTER PLAN.—The term ‘‘Master Plan’’ means the
Juneau Small Cruise Ship Infrastructure Master Plan released
by the Docks and Harbors Board and Port of Juneau for the
City and dated March 2021.
(3) PROPERTY.—The term ‘‘Property’’ means the parcel of
real property consisting of approximately 2.4 acres, including
tidelands, owned by the United States and under administrative
custody and control of the National Oceanic and Atmospheric
Administration and located at 250 Egan Drive, Juneau, Alaska,
including any improvements thereon that are not authorized
or required by another provision of law to be conveyed to
a specific individual or entity.
(4) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of Commerce, acting through the Under Secretary of Commerce
for Oceans and Atmosphere and the Administrator of the
National Oceanic and Atmospheric Administration.
(b) CONVEYANCE AUTHORIZED.—

H. R. 7776—1766
(1) IN GENERAL.—The Secretary may convey, at fair market
value, all right, title, and interest of the United States in
and to the Property, subject to the restrictions in subsections
(b)(2) and (c) and the requirements of this section.
(2) RESTRICTION.—The Secretary may not take action under
this section until the Commandant notifies the Secretary in
writing that the Coast Guard does not have an interest in
acquiring the property, or a period of 180 calendar days expires
following the date of enactment of this section.
(3) NOTIFICATION EXPIRATION.—If, the Secretary has not
received notification under paragraph (2) at the end of the
180 calendar day period, the Secretary and the Commandant
shall notify the Committee on Transportation and Infrastructure and the Committee on Appropriations of the House of
Representatives and the Committee on Commerce, Science, and
Transportation and the Committee on Appropriations of the
Senate in writing that no notification has been received.
(4) TERMINATION OF AUTHORITY.—The authority provided
under paragraph (1) shall terminate on the date that is 3
years after the date of the enactment of this Act.
(c) TRANSFER OF PROPERTY TO COAST GUARD.—
(1) IN GENERAL.—If not later than 180 calendar days after
the date of enactment of this Act the Commandant notifies
the Secretary that the Coast Guard has an interest in the
Property, the Secretary shall transfer the Property to the Coast
Guard.
(2) TRANSFER.—Any transfer performed pursuant to this
subsection shall—
(A) occur not later than 1 year of any written notification required under paragraph (1);
(B) include within the transfer from the Department
of Commerce to the Coast Guard all legal obligations
attached to ownership or administrative control of the Property, interest therein, or improvements thereto, including
environmental compliance and restoration liabilities and
historical preservation liabilities and responsibilities;
(C) be at no cost to the Department of Commerce,
to include all land survey costs;
(D) not affect or limit any remaining real property
interests held by the Department of Commerce on any
real property subject to such transfer; and
(E) be accompanied by a memorandum of agreement
between the Coast Guard and the Department of Commerce
to require the Commandant to allow—
(i) future access to, and use of, the Property,
including use of available pier space, to accommodate
the reasonable expectations of the Secretary for future
operational and logistical needs in southeast Alaska;
and
(ii) continued access to, and use of, existing facilities on the Property, including a warehouse and
machine shop, unless the Commandant determines
that the Property on which the facilities are located
is needed to support polar operations, at which time
the Coast Guard shall provide the Department of Commerce access to and use of comparable space in reasonable proximity to the existing facilities.

H. R. 7776—1767
(d) RIGHT OF FIRST REFUSAL.—If the Coast Guard does not
transfer the Property under subsection (c), the City shall have
the right of first refusal with respect to the purchase, at fair
market value, of the Property.
(e) SURVEY.—The exact acreage and legal description of the
Property shall be determined by a survey satisfactory to the Secretary.
(f) CONDITION; QUITCLAIM DEED.—If the Property is conveyed
under subsection (b)(1), the Property shall be conveyed—
(1) in an ‘‘as is, where is’’ condition; and
(2) via a quitclaim deed.
(g) FAIR MARKET VALUE.—
(1) IN GENERAL.—The fair market value of the Property
shall be—
(A) determined by an appraisal that—
(i) is conducted by an independent appraiser
selected by the Secretary; and
(ii) meets the requirements of paragraph (2); and
(B) adjusted, at the Secretary’s discretion, based on
the factors described in paragraph (3).
(2) APPRAISAL REQUIREMENTS.—An appraisal conducted
under paragraph (1)(A) shall be conducted in accordance with
nationally recognized appraisal standards, including the Uniform Standards of Professional Appraisal Practice.
(3) FACTORS.—The factors described in this paragraph
are—
(A) matters of equity and fairness;
(B) actions taken by the City regarding the Property,
if the City exercises the right of first refusal under subsection (d), including—
(i) comprehensive waterfront planning, site
development, and other redevelopment activities supported by the City in proximity to the Property in
furtherance of the Master Plan;
(ii) in-kind contributions made to facilitate and
support use of the Property by governmental agencies;
and
(iii) any maintenance expenses, capital improvement, or emergency expenditures made necessary to
ensure public safety and access to and from the Property; and
(C) such other factors as the Secretary considers appropriate.
(h) COSTS OF CONVEYANCE.—If the City exercises the right
of first refusal under subsection (d), all reasonable and necessary
costs, including real estate transaction and environmental documentation costs, associated with the conveyance of the Property
to the City under this section may be shared equitably by the
Secretary and the City, as determined by the Secretary, including
with the City providing in-kind contributions for any or all of
such costs.
(i) PROCEEDS.—Any proceeds from a conveyance of the Property
under subsection (b)(1) shall—
(1) be credited as discretionary offsetting collections to
the applicable appropriations accounts or funds of the National
Oceanic and Atmospheric Administration that exists as of the
date of enactment of this Act; and

H. R. 7776—1768
(2) be used to cover costs associated with the conveyance
of the Property, related relocation efforts, and other facility
and infrastructure projects in Alaska and shall be made available for such purposes only to the extent and in the amounts
provided in advance in appropriations Acts.
(j) MEMORANDUM OF AGREEMENT.—If the City exercises the
right of first refusal under subsection (d), before finalizing a conveyance to the City under this section, the Secretary and the City
shall enter into a memorandum of agreement to establish the terms
under which the Secretary shall have future access to, and use
of, the Property to accommodate the reasonable expectations of
the Secretary for future operational and logistical needs in southeast
Alaska.
(k) RESERVATION OR EASEMENT FOR ACCESS AND USE.—The
conveyance authorized under subsection (b)(1) shall be subject to
a reservation providing, or an easement granting, the Secretary,
at no cost to the United States, a right to access and use the
Property that—
(1) is compatible with the Master Plan; and
(2) authorizes future operational access and use by other
Federal, State, and local government agencies that have customarily used the Property.
(l) LIABILITY.—In the event that the Property is conveyed to
the City of Juneau the following shall apply:
(1) AFTER CONVEYANCE.—An individual or entity to which
a conveyance is made under this section shall hold the United
States harmless from any liability with respect to activities
carried out on or after the date and time of the conveyance
of the Property.
(2) BEFORE CONVEYANCE.—The United States shall remain
responsible for any liability the United States incurred with
respect to activities carried out by the United States on the
Property before the date and time of the conveyance of the
Property.
(m) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may
require such additional terms and conditions in connection with
a conveyance under this section as the Secretary considers appropriate and reasonable to protect the interests of the United States.
(n) ENVIRONMENTAL COMPLIANCE.—Nothing in this section shall
be construed to affect or limit the application of or obligation
to comply with any applicable environmental law, including—
(1) the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.); or
(2) section 120(h) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C.
9620(h)).
(o) CONVEYANCE NOT A MAJOR FEDERAL ACTION.—A conveyance
under this section shall not be considered a major Federal action
for purposes of section 102(2) of the National Environmental Policy
Act of 1969 (42 U.S.C. 4332(2)).

H. R. 7776—1769

TITLE
CXVIII—TECHNICAL,
CONFORMING, AND CLARIFYING AMENDMENTS
SEC. 11801. TERMS AND VACANCIES.

(a) IN GENERAL.—Section 46101(b) of title 46, United States
Code, is amended by—
(1) in paragraph (2)—
(A) by striking ‘‘one year’’ and inserting ‘‘2 years’’;
and
(B) by striking ‘‘2 terms’’ and inserting ‘‘3 terms’’; and
(2) in paragraph (3)—
(A) by striking ‘‘of the individual being succeeded’’ and
inserting ‘‘to which such individual is appointed’’;
(B) by striking ‘‘2 terms’’ and inserting ‘‘3 terms’’; and
(C) by striking ‘‘the predecessor of that’’ and inserting
‘‘such’’.
(b) APPLICABILITY.—The amendments made by this section shall
not apply to Commissioners to whom section 403(b) of the Howard
Coble Coast Guard and Maritime Transportation Act of 2014 (Public
Law 113–281) applies.
SEC. 11802. PASSENGER VESSEL SECURITY AND SAFETY REQUIREMENTS.

Section 3507(k)(1) of title 46, United States Code, is amended—
(1) in subparagraph (A) by striking ‘‘at least 250’’ and
inserting ‘‘250 or more’’; and
(2) by striking subparagraph (B) and inserting the following:
‘‘(B) has overnight accommodations for 250 or more
passengers; and’’.
SEC. 11803. TECHNICAL CORRECTIONS.

(a) Section 319(b) of title 14, United States Code, is amended
by striking ‘‘section 331 of the FAA Modernization and Reform
Act of 2012 (49 U.S.C. 40101 note)’’ and inserting ‘‘section 44801
of title 49’’.
(b) Section 1156(c) of title 14, United States Code, is amended
by striking ‘‘section 331 of the FAA Modernization and Reform
Act of 2012 (49 U.S.C. 40101 note)’’ and inserting ‘‘section 44801
of title 49’’.
SEC. 11804. TRANSPORTATION WORKER IDENTIFICATION CREDENTIAL
TECHNICAL AMENDMENTS.

(a) IN GENERAL.—Section 70105 of title 46, United States Code,
is amended—
(1) in the section heading by striking ‘‘security cards’’
and inserting ‘‘worker identification credentials’’;
(2) by striking ‘‘transportation security card’’ each place
it appears and inserting ‘‘transportation worker identification
credential’’;
(3) by striking ‘‘transportation security cards’’ each place
it appears and inserting ‘‘transportation worker identification
credentials’’;
(4) by striking ‘‘card’’ each place it appears and inserting
‘‘credential’’;

H. R. 7776—1770
(5) in the heading for subsection (b) by striking ‘‘CARDS’’
and inserting ‘‘CREDENTIALS’’;
(6) in subsection (g) by striking ‘‘Assistant Secretary of
Homeland Security for’’ and inserting ‘‘Administrator of’’;
(7) by striking subsection (i) and redesignating subsections
(j) and (k) as subsections (i) and (j), respectively;
(8) by striking subsection (l) and redesignating subsections
(m) through (q) as subsections (k) through (o), respectively;
(9) in subsection (j), as so redesignated—
(A) in the subsection heading by striking ‘‘SECURITY
CARD’’ and inserting ‘‘WORKER IDENTIFICATION CREDENTIAL’’; and
(B) in the heading for paragraph (2) by striking ‘‘SECURITY CARDS’’ and inserting ‘‘WORKER IDENTIFICATION
CREDENTIAL’’;
(10) in subsection (k)(1), as so redesignated, by striking
‘‘subsection (k)(3)’’ and inserting ‘‘subsection (j)(3)’’;
(11) by striking paragraph (4) of subsection (k), as so
redesignated; and
(12) in subsection (o), as so redesignated—
(A) in the subsection heading by striking ‘‘SECURITY
CARD’’ and inserting ‘‘WORKER IDENTIFICATION CREDENTIAL’’;
(B) in paragraph (1)—
(i) by striking ‘‘subsection (k)(3)’’ and inserting
‘‘subsection (j)(3)’’; and
(ii) by striking ‘‘This plan shall’’ and inserting
‘‘Such receipt and activation shall’’; and
(C) in paragraph (2) by striking ‘‘on-site activation
capability’’ and inserting ‘‘on-site receipt and activation
of transportation worker identification credentials’’.
(b) CLERICAL AMENDMENT.—The analysis for chapter 701 of
title 46, United States Code, is amended by striking the item
related to section 70105 and inserting the following:
‘‘70105. Transportation worker identification credentials.’’.

(c) LIMITATION ON IMPLEMENTATION.—The Secretary may not
implement the rule entitled ‘‘Transportation Worker Identification
Credential (TWIC)–Reader Requirements’’ (81 Fed. Reg. 57651) for
covered facilities before May 8, 2026.
(d) COVERED FACILITIES DEFINED.—In this section, the term
‘‘covered facilities’’ means—
(1) facilities that handle Certain Dangerous Cargoes in
bulk and transfer such cargoes from or to a vessel;
(2) facilities that handle Certain Dangerous Cargoes in
bulk, but do not transfer it from or to a vessel; and
(3) facilities that receive vessels carrying Certain Dangerous Cargoes in bulk but, during the vessel-to-facility interface, do not transfer it from or to the vessel.
SEC. 11805. REINSTATEMENT.

(a) REINSTATEMENT.—The text of section 12(a) of the Act of
June 21, 1940 (33 U.S.C. 522(a)), popularly known as the ‘‘TrumanHobbs Act’’, is—
(1) reinstated as it appeared on the day before the date
of the enactment of section 8507(b) of the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year
2021 (Public Law 116–283; 134 Stat. 4754); and

H. R. 7776—1771
(2) redesignated as the sole text of section 12 of the Act
of June 21, 1940 (33 U.S.C. 522).
(b) EFFECTIVE DATE.—The provision reinstated under subsection (a) shall be treated as if such section 8507(b) had never
taken effect.
(c) CONFORMING AMENDMENT.—The provision reinstated under
subsection (a) is amended by striking ‘‘, except to the extent provided
in this section’’.
SEC. 11806. DETERMINATION OF BUDGETARY EFFECTS.

The budgetary effects of this Act, for the purpose of complying
with the Statutory Pay-As-You-Go Act of 2010, shall be determined
by reference to the latest statement titled ‘‘Budgetary Effects of
PAYGO Legislation for this Act’’, submitted for printing in the
Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior
to the vote on passage.
SEC. 11807. TECHNICAL AMENDMENT.

(a) IN GENERAL.—Section 6304 of title 46, United States Code,
is amended—
(1) by striking ‘‘subpena’’ and inserting ‘‘subpoena’’ each
place it appears; and
(2) in subsection (d) by striking ‘‘subpenas’’ and inserting
‘‘subpoenas’’.
(b) CLERICAL AMENDMENT.—The analysis for chapter 63 of title
46, United States Code, is amended by striking the item relating
to section 6304 and inserting the following:
‘‘6304. Subpoena authority.’’.
SEC. 11808. LIGHTHOUSE SERVICE AMENDMENTS.

(a) REPEALS.—The following provisions are repealed:
(1) Sections 1, 2, and 3 of the Act of March 6, 1896 (33
U.S.C. 474).
(2) Section 4 of the Act of June 17, 1910 (33 U.S.C. 711;
721).
(3) The first sentence of section 2 of the Act of July 27,
1912 (33 U.S.C. 712).
(4) Section 10 of the Act of June 17, 1910 (33 U.S.C.
713).
(5) Section 6 of the Act of June 17, 1910 (33 U.S.C. 714).
(6) Section 5 of the Act of June 17, 1910 (33 U.S.C. 715).
(7) Section 4679 of the Revised Statutes.
(8) Section 4 of the Act of May 14, 1908 (33 U.S.C. 737).
(9) The first sentence of the sixteenth paragraph of the
section entitled ‘‘Coast Guard’’ under the heading ‘‘Treasury
Department’’ of the Act of June 5, 1920 (33 U.S.C. 738).
(10) Section 7 of the Act of June 20, 1918 (33 U.S.C.
744).
(11) Section 2 of the Act of May 13, 1938 (33 U.S.C. 748a).
(12) The Act of June 15, 1938 (33 U.S.C. 752b).
(13) The last proviso of the second paragraph of the section
entitled ‘‘Lighthouse Service’’ under the heading ‘‘Department
of Commerce’’ of the Act of November 4, 1918 (33 U.S.C. 763).
(14) Section 7 of the Act of June 6, 1940 (33 U.S.C. 763a–
2).

H. R. 7776—1772
(15) The last paragraph of the section entitled ‘‘Lighthouse
Service’’ under the heading ‘‘Department of Commerce’’ of the
Act of March 4, 1921 (33 U.S.C. 764).
(16) Sections 1 and 2 of the Act of March 4, 1925 (33
U.S.C. 765; 766).
(17) Section 5 of the Act of August 19, 1950 (33 U.S.C.
775).
(18) Subchapter III of chapter 25 of title 14, United States
Code, and the items relating to such subchapter in the analysis
for chapter 25 of such title.
(b) OPERATION OF REPEALS.—The repeals under paragraphs
(5) and (6) of subsection (a) shall not affect the operation of section
103 of title 14, United States Code.
(c) TRANSFER.—Chapter 313 of the Act of September 15, 1922
is transferred to appear at the end of subchapter III of chapter
5 of title 14, United States Code, redesignated as section 548
of such title, and amended—
(1) by striking ‘‘That hereafter the Commissioner of Lighthouses’’ and insert ‘‘The Commandant of the Coast Guard’’;
and
(2) by striking ‘‘Lighthouse Service’’ and inserting ‘‘Coast
Guard’’.

Speaker of the House of Representatives.

Vice President of the United States and
President of the Senate.